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HomeMy WebLinkAbout06-0905{ CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - 13UFFALO TUESDAY, SEPT. 5, 2006 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Bonifacio, Davis, Montana, Golombek, Kearns, LoCurto, Russell & Thompson - 9 Absent -None On a motion by Mr. Bonifacio, Seconded by Mr. Fontana, the minutes of the stated meeting held on July 25, 2006 were approved. BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK Kl TARNS LOCUR 1 O RUSSELL THOMPSON MAJ - 5 2I3 - 6 J 3l4 - 7 NO x � * 9 0 FROM THE MAYOR SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE.: July 31, 2006 FROM: DEPARTMENT: Executive SUBJECT: [:Appointment - Member of the [:Elevator Safety Review Board PRIOR COUNCIL REFERENCE: (IF ANY) Ex. item No. xxx C.C.P. xxfxxlxx Pursuant to the authority granted by Section 167 -3 of the City of Buffalo Charter, I hereby appoint Ms. Mary Battey to serve on the Elevator Safety Review Board effective immediately. Ms. Mary Battey will replace Mr. Stephen Fitzmaurice as representative of the Greater Buffalo Building Owners and Managers Association (BOMA). Ms. Battey is the Assistant Manager at One HSBC Center and is presently on the Board of Directors for the Greater Buffalo BOMA organization. hereby certify that the above mentioned individual is fully qualified to serve as a member of the Elevator Safety Review Board. IJIJ G URE DEPARTMENT HEAD TITLE Mayor, City of Buffalo REFERRED TO THE COMMITTED; ON LEGISLATION AND THE DIVISION OF COLLECTIONS (,Q ,k 3 t � . 000o02 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: August 28, 2006 FROM: DEPARTMENT: 03 -0 Mayor SUBJECT: [:Appointment of Special Events Coordinator C� C� C� PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) Pursuant to the powers vested in me in Section 414 -3 of the Code of the City of Buffalo, I hereby appoint the following as Special Events Coordinator: Appointment: Susan Gonzalez SIGNATURE DEPARTMENT H TITLE : Byr n W. Brc wn, Mayor REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: July 26, 2006 FROM: DEPARTMENT: Mayor /Executive SUBJECT: [:Mayor Byron W. Brown [:Out of Town Travel PRIOR COUNCIL REFERENCE: (IF ANY) Ex, item No. xxx C.C.P. xxlxxlxx I will be out of town from Wednesday, July 26, 2006 through Thursday, July 27, 2006 and will return to the office on Friday, July 28, 2006. I hereby appoint Alisa Lukasiewicz, Corporation Counsel to serve on my behalf during this time period. f� IG TURE PARTMENT HEAD TITLE: Mayor, City of Buffalo f y '3 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE DISASTER PREPAREDNESS OFFICE C�� MEMO TO: Lisa Collin Senior Legislative Assistant Buffalo Common Council FR: Roger Lander Director Homeland Security Disaster Preparedness Office RE: Terrorism Prevention in Hazardous Materials Transportation # 189 CCP Date: August 31,2006 Please be advised that I have reviewed the attached resolution offered by Councilman Antoine M. Thompson regarding his proactive approach related to the health, safety and welfare of our citizens in the City of Buffalo. The transportation of hazardous materials and their respective routes, regardless if by ( Rail, Highway, Water or Air) since about 1985 has always presented a challenge as to how best to transport. Over the last several years, there has been numerous Haz -Mat legislative laws (acts) enacted to better protect our citizens from becoming a victim or victims of a situation created by a "Hazardous Materials Release ". I view this latest piece of legislation as another step in making our community a safer place to live, therefore if the Legislative Committee should need additional information please do not hesitate to ask. It's my understanding that the Legislation introduced in Washington D.C. actually reflects a Rail By -Pass Route reap for the Cities identified in Councilman Thompson's resolution including the City of Buffalo. Based on the scope of the present legislation, coupled with the large geographical area involved, actual legislative approval could take considerable tune. I recommend that the Common Council continue to support Resolution # 198, however in the meantime I suggest that a letter be drafted to the responsible carriers requesting their consideration of the following Security Measures which they could take immediately, this in turn would provide a timely solution in addressing the safety concerns of our City. 1. Control access to all rail yards. Fencing /Electronic Entry Gates for Vehicles 2. Local rail yards need to increase their # of security personnel 3. Installation of Electronic Surveillance Equipment ( Yard Boundaries ) cc. Byron W. Brown Mayor REFERRED TO THE COMMITTEE Antoine M. Thompson Councilman N LEGISLATION. i.h S Resolution C By; lWre Thompson Re: Terrorism Prev.en ion in Hazardous Materials Transportation Whereas: In a time of heightened terroristrn risk we must take proactive steps to address the health, safety and welfare of our citizens; and Whereas: A terrorist attack on a hazardous material shipment such as chlorine near the City of Buffalo could cause thousands of deaths; and Whereas: Excluding or Re- routing ultra- hazardous materials (that do not originate or have a City destination) away from the City of Buffalo to alternative truck and rail routes would substantially decrease the aggregate risk posed by terrorist attacks; and Whereas: Requiring permits for ultra - hazardous shipments that include safety measures such as time- of-day restrictions, security and safety escorts, and bonding requirements would increase public safety and impose no significant burden on interstate commerce; and 'Whereas: Chemicals that are toxic represent a potential for mass casualties that is rivaled only by nuclear devices, yet rail tankers and trucks filled with deadly chemicals roll through our major cities every day over unprotected and unguarded rails and highways, with no warning to our communities; and Whereas: Legislation requiring the issuance of a permit to ship ultrahazardous materials by truck or rail has been introduced in Washington D.C., Baltimore, Cleveland, Boston, Chicago and Philadelphia. Now Therefore Be It Resolvent: That the Buffalo Common Council supports taking proactive steps to protect the health, safety and welfare of its citizens from the threats associated with the transportation of ultra hazardous materials; and Be It Further Resolved: That this item is referred to the City's Law Department to draft an ordinance that excludes and or regulates the shipment of ultra hazardous materials through the City of Buffalo; and Be It Finally Resolved: That this item is referred to the Legislation. Committee to while seeking a written response from the City Law Department for the next Common Council meeting scheduled for Tuesday, Septet , er S, 20K Antoine M. Thompson FROM THE BOARD OF PARKING SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 8/28/06 DEPARTMENT: BOARD OF PARKING SUBJECT: (: Item No. 48, CCP 7/25/06 (: Item No. 175 CCP 7/25/06 ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example: TEXT: TYPE SINGLE SPACE BELOW The above referenced items were referred to the Board of Parking. Attac ed please find the Board's response. REFERRED TO THE COMMITTED ON FINANCE M �� � '��, ���� DEPARTMENT HEAD NAME: HENRY GORINO TITLE: CHAIRMAN SIGNATURE OF DEPARTMENT HEAD: BOARD OF PARKING City of Buffalo New York Byron W. Brown Mayor August 30, 2006 Common Council 1301 City Hall Buffalo, NY 14202 Re: Item No. 48, CCP 7125/06 Item No. 175, CCP 7/25/06 Dear Council Members: CHAIRMAN: Henry Gorino CONSULTANT: Thomas A. Gallagher BOARD MEMBERS: Neil A, Aquino, Jr.. Richard J. Baumann R. Maura Cohen David B. Kelly Evelyn L. Kenney Richard J. Lehner Michelle Mazzone Linda J. Nenni . James P. verrasuo Catharine T. Wettlaufer The City of Buffalo Board of Parking (hereinafter the "Board ") is steward of the city's parking system (including both the downtown and hospital ramps). This system is self - supporting and provides no less than $450,000 annually to the City general fund, fully funds its own maintenance and repair, and has been able to expand the parking system in the City of Buffalo without the use of taxpayer or city dollars. The Board is supportive of the initiative of the Buffalo Niagara Medical Campus (hereinafter "BNMC ") and negotiated with them for over two years with respect to the operation of the Buffalo General Ramp. See attached brief comparison of the terms of a proposed lease between the City of Buffalo and the BNMC dated July 27, 2006, and a proposed agency operating agreement between the Board and the BNMC dated January 4, 2006, The Buffalo General Ramp has a replacement cost of over $12 million and annually provides the City in excess of $200,000 in net revenue. The ramp has over 900 spaces and no outstanding debt, and is in excellent condition, having undergone three separate significant repair programs in the last 15 years for a total cost in excess of $500,000. The Board recognizes the value of the ramp to the City and is opposed to any sale of the ramp; however, had agreed to extend an operating agreement to the BNMC that permitted the BNMC to have significant input into the ramp as part of its parking program while at the same time maintaining City ownership and current cash flow to the City. The Board is concerned that the BNMC lease proposal of July 27 of this year has the following potentially detrimental impact to the City: 1. The proposed lease would significantly reduce revenue to the City (from $200,000 to $130,000) and places the downtown ramps and parkers in the 18M City Hall Phone: 716.851.62A0 Buffalo, New York 14202 Pax: 716.851.4372 0 position of making up the shortfall. This in effect requires the downtown parkers and parkers at the other hospital ramps to subsidize the BNMC. 2. By entering into a lease for the ramp, the Board believes it may negatively impact the system's ability to obtain tax exempt bonding for repair and future expansion. 3. Currently, the Board does not charge system users sales tax, as our downtown operator under its operating agreement is deemed an agent of the City. This helps maintain the lowest possible parking rates. BNMC's lease is not an agency relationship thus necessitating the imposition of sales tax on parking revenue and in fact increasing the cost of parking to the constituents. 4. The Board is concerned that the value of the indemnification under the lease provided by BNMC, a not -for -profit corporation without substantial assets, is insufficient to protect the City. In addition, the insurance required under the lease is only $1 million. 5. The Board has not been able to ascertain that the proposed lease will not place the City in violation of its current bond financing which is supported and collateralized by parking revenue. 6. To data, the Board is not aware of any other parking facilities over which the BNMC has or is projected to have control of, including the Roswell Park Ramp and other institutions in the medical campus with ramp or surface parking. The Board has repeatedly requested BNMC to provide documentation with respect to the cooperation of the other institutions in creating an integrated parking system of which the Buffalo General Ramp would be a member. 7. The Board operates the system by delegating operation of the ramps to appropriate entities while reserving to itself rate Setting, fiscal oversight and other policy decisions. It does not believe the City Chatter provides it authority to delegate these Board responsibilities by lease. 8. The BNMC proposal places the burden of repair on the City without providing any funds from the ramp's operation for a repair reserve. Once again, this burdens the other ramps and the other parkers in the system for the benefit of the Buffalo General Rarnp. 9. For over 50 years, the parking system in Buffalo has been self - supporting, including operation, repair and expansion. The removal of any ramp from the system by sale or lease dramatically threatens the sound fiscal planning of the Board with respect to the system. The Board respects and supports the desires of the Mayor to support the BNMC; however it recognizes the financial challenges facing the City. It has serious concerns about the impact of the lease proposed by the BNMC on the City and its parking system. The Board welcomes further inquiry and discussion on this matter. cc: Mayor Byron W. Brown Brian .I.I.ipke, Chairman of the Control Board 13111..1110t\671404\1 -2- SIGNATURE PAGE Henry Gorino Chairman ir,�D Richard Baumann J Maura Cohen David B. Kelly Evelyn Kerney . a4 0 Richard Lehner f � Michelle Mazzone Linda Nenni James P. Verrasatro Catharine T. Wettlaufer City Clerk's Department BUFFALO September 8, 2006 HON. BYOWN 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. 6 Pkg. Bd.- Results of Bids - Skyway Lot #3 PASSED September 5, 2006 Gerald A Chwalinski City Clerk r- 3 C°� SINGLE PAGE COMM UNICA`T'ION 'm `T'HI; COMMON COUNCIL "T "O: `T'1IE COMMON COUNCIL: DATE: 8/30/06 DEPARTMENT: I': BOARD OF PARKING SUBJECT: (:Results of Bids (: Skyway Lot No. 3 ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example: TEXT. (TYPE SINGLE SPACE BELOW) The existing lease for the above mentioned surface parking lot is about to expire. The Board of Parking advertised for a new three year lease on August 4, 2006. A bid opening was held on August 30, 2006 at 11:00 a.m. in the office of the Board of Parking;, 1801 City Hall. The results are as follows: (Current Annual Rental $29,400) Bidder Annual Rental Standard Parking Corporation $29,400 125 Carlton Street Buffalo, NY 14203 All Pro Parking LLC $20,202 465 Main Street T Suite 200 _ 200A Buffalo, NY 14203 At this time we recommend the bid of Standard Parking, as the highest responsible bidder, in the amount of $29,400, be awarded a new three year lease for Skyway Lot. No. 3. DEPARTMENT IIEAD NAME: THOMAS A. GALLAGHER TITLE: CONSULTANT SIGNA`hURE OF DEPARTMENT HEAD: Mr. Bonifacio moved: That the above communication from the Board of Parking dated August 30, 2006, be received and filed; and That the Consultant of the Board of Parking be, and he hereby is authorized to award a contract for the Skyway Lot No. 3, to Standard Parking, the highest responsible bidder, in the amount of $29,400. Passed. APPROVED SEP 1 2006 Pds:mty t:1wp60\msword\rmv\6c9 -5 a.doc *AYE* NO * BONIFACIO DAVIS * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON * [------ -- - - -- -a [MAJ- s) C 213 - 61 [ 314 - 71 * ' 0 ( FROM THE OFFICE OF STRATEGIC PLANNING # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: August 31, 2006 FROM: DEPARTMENT: Office of Strategic Planning o ®r v DIVISION: Development SUBJECT: [ : REQUEST TO AMEND LDA --1106 GENESEE, 836 SYCAMORE & 182 WILSON [ : APPROVAL OF AMENDMENT TO CONTRACT FOR SALE OF LAND -1106 GENESEE, 836 SYCAMORE & 182 WILSON PRIOR COUNCIL REFERENCE: (IF ANY) [: Item No. 97, CCP 07/11106 TEXT: (TYPE SINGLE SPACE BELOW The City of Buffalo Urban Renewal Agency duly designated Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) and /or a Corporation, Partnership, Joint Venture or Other legal Entity to be formed, as the "Redeveloper." Redeveloper has submitted a plan for the demolition of the improved properties located at 1.106 Genesee, 836 Sycamore and 182 Wilson Streets. Your honorable body authorized Agency to enter into a Land .Disposition Agreement (LDA) on July 11, 2006 for the sale of the above reference property. It has become necessary to amend the approved LDA to reflect a change to the period of duration of covenant on use to expire at such time that RUN Buffalo ceases to own the above reference property. It is additionally requested that the insurance contained in the approved LDA be amended to provide $1,000,000.00 in general liability coverage. The Agency has determined that the proposed Amendments to the LDA negotiated by the Agency and Redeveloper are satisfactory. Please be advised that in accordance with the provisions in Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set: a date for a public hearing, and to direct the publication of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, 1 have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving approving proposed Amendments to .Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO COMMITTEE ON: DEPARTMENT HEAD NAME:TIMOTHY E. WANAMAKER TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. X U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT URBAN RENEWAL PROGRAM PART I OF STANDARD FORM OF CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT PART I OF CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT BY AND BETWEEN CITY OF BUFFALO URBAN RENEWAL AGENCY AND REVITALIZING URBAN NEIGHBORHOODS, INC. REDEVELOPER CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting; of this Part 1 and Part 11 annexed hereto and made a Part thereof (which Part I and Part II are together hereinafter called "Agreement "), made on or as of the day of , 2006, by and between the City of Buffalo Urban Renewal Agency, a public body corporate (which, together with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called " Agency "), established pursuant to article 15-A of the General Municipal Law of the State ofNew York (hereinafter called "Urban Renewal Act ") having its office at Room 920 City Hall, Buffalo, New York in the City of Buffalo, ( lereinafter called "City State orNew York, AND REVITALIZING URBAN NEIGHBORHOODS, INC. (hereinafter called "Redeveloper "), having an office for the transaction of business at 314 Central Avenue, Angola, New York 14006. WITNESSETH WHEREAS, Agency has offered to sell and Redeveloper is willing to purchase certain unproved real property more particularly described in Schedule A annexed hereto and made part hereof (which property as so described is hereinafter called "Property "), and Redeveloper is further willing to demolish the improvements currently situate upon the Property, and remove all demolition debris therefrom and landscape the Property and permanently maintain the landscaping on the Property for and in accordance with the uses specified in this Agreement; and NOW, THEREFORE, in consideration of the premises and mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SEC. I SALE: PURCHASE PRICE (A) Subject to all the terms, covenants, and conditions of this Agreement, Agency will sell the Property to Redeveloper, and Redeveloper will purchase the Property froin Agency and pay therefore, the amount of One Dollar ($1.00) plus other consideration or services (hereinafter called "Purchase Price "). SEC. 2 CONVEYANCE OF PROPERTY (A) Conditions Precedent: Redeveloper and Agency understand and agree that the hollowing are all conditions precedent to the Agency's obligations under this Agreement becoming enforceable: (1) Agency and the Common Council of the City of Buffalo must both approve this Agreement, (ii) Execution of this Agreement must occur on or before thirty (30) days following approval of this Agreement by the Common Council of the City of Buffalo and the Agency, (iii) Submission to the Agency and approval of demolition and landscaping plans and evidence of funding and capacity of Redeveloper to complete the demolition and landscaping of the Property. (B) CONDITIONS SUBSEQUENT: Conveyance of title to the Property shall be subject to the conditions subsequent as provided far in Section 704 of Part lI hereof. (C) Form of Deed: Agency shall convey title to Property to .Redeveloper by Quit Claim Deed (hereinafter called "Deed "). Such conveyance and title shall be subject to all conditions, covenants, and restrictions set forth or referred to elsewhere in this Agreement. (D) Time and Place for Delivery of Deed: Agency shall deliver the Deed and possession of Property to Redeveloper on or before September 30, 2006, or on such other date as the parties hereto may mutually agree in. writing. Conveyance shall be made at the principal office of Agency and Redeveloper shall accept such conveyance and pay to Agency at such time and place the Purchase Price. (E) Apportionment of Taxes: City and County taxes and sewer rentals allocable to the land and improvements if any shall be adjusted as of the date of delivery of the Deed(s) in accordance with Section 520 of the New York Real Property Tax Law. (F) Recordation of Contract and Deed: Redeveloper shall at closing be obligated to :file this Contract and the Deed for recordation among the land records of the place in which Property is situate. Redeveloper shall pay all costs (including the cost of the New York Deed Tax on the Deed, for which stamps in the proper amount shall be affixed to the Deed by the Redeveloper) for so recording the Deed and this Contract. (G) Evidence of '.Title: Agency shall not furnish Redeveloper with a current title report anti /or boundary survey of Property. In the event Redeveloper desires a survey or certificate of title insurance, the same shall be obtained and furnished at Redeveloper's own cost and expense. (H) Condition of Property: Redeveloper specifically acknowledges and agrees that Agency shall sell and Redeveloper shall purchase the property "AS IS, WHERE IS AND WITH ALL FAULTS" and Redeveloper is not relying on any representations or warranties of any kind whatsoever, whether oral or written, express or implied, statutory or otherwise, from Agency, nor any officer, employee, attorney, agent I �� or broker of Seller as to any matter concerning the Property including (i) the quality, nature, habitability, merchantability, use, operation, value, marketability, adequacy or physical condition of the Property or any aspect or portion thereof, including, without limitation, structural clements, appurtenances, access, landscaping, parking, plumbing, sewage, and utility systems, facilities and appliances, soils, geology and/or groundwater, (ii) the dimensions or lot sire of the Property, (iii) the development or income potential, or rights of or relating to, the Property, or the Property's use, habitability, merchantability, or fitness, or the suitability, value or adequacy of'the Property for any particular purpose, (iv) the zoning or other legal status of the Property or any other public or private restrictions on the use of the Property, (v) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any Governmental Authority or of any other person or entity (including, without limitation, the Americans with Disabilities Act), (vi) the ability of Redeveloper to obtain any necessary governmental approvals, licenses or permits f:or Redeveloper's intended demolition, landscaping use or development of'the Property, (vii) the presence or absence of hazardous Materials on, in, under, above or about the Property or any adjoining or neighboring property, (viii) the quality of any labor and materials used in any improvements, if any, (ix) the condition of title to the Property, (x) the leases, contracts or any other agreements affecting the Property, if any, or the intentions of any party with respect to the negotiation and /or execution of any lease or contract with. respect to the Property, (xi) Agency's ownership of the Property or any portion thereof of (xii) the economics of, or the income and expenses, revenue or expense projections or other financial matters, relating to, the operation of the Property. Without limiting the generality of the foregoing, Redeveloper expressly acknowledges and agrees that Redeveloper is not relying on any representation or warranty of Agency, nor any officer, employee, attorney, agent or broker of Seller, whether implied, presumed or expressly provided at law or otherwise, arising by virtue of any statute, common law or other legally binding right or remedy in favor of Redeveloper. This Section shall survive the delivery, acceptance and or recordation of this Agreement. (I) Release Provision: The Redeveloper hereby agrees to release and save harmless the Agency and the City of Buffalo as set forth in Exhibit A attached hereto and made a part hereof. SEC. 3 LIQUIDATED DAMAGES In the event Redeveloper shall fail or refuse to complete or perform any term, covenant, condition, agreement, provision, or stipulation under this Agreement, Agency, at its option, may declare this Agreement terminated and void, and in such event Agency shall be released from any obligation to convey Property to Redeveloper, and Agency may retain all monies paid on account as liquidated damages and not as a penalty. SEC. 4 TIME FOR COMMENCEMENT AND COMPLETION OF DEMOLITION AND LANDSCAPING The demolition of the improvements currently on this Property and removal of all demolition debris and landscaping of the Property referred to in Section 301 of Part 11 hereof shall be commenced in any event within thirty (30) days after the date of the Deed, and except as otherwise provided in this Agreement shall be completed / !1 within twelve (12) months after such date. Redeveloper agrees that it shall not use or permit the Property to be used for any purpose other than the demolition and subsequent landscaping and maintenance of the landscaping on the Property (hereinafter referred to as the "Project "). Redeveloper shall complete all demolition, clean -up of debris and landscaping of the Property pursuant to the detailed Scope of Services attached hereto, as Schedule B and shall adhere to all State, County and all local codes and ordinances and will apply ror and obtain all permits and licenses required for the demolitions and subsequent landscaping and continued maintenance. SEC. S Time for Submission Of Demolition and Landscaping Plans, Evidence of Funding and Capacity of Redeveloper To Complete Demolition and Landscaping of the Property. 'fire time which Redeveloper shall submit to Agency the demolition and landscaping plans and evidence of funding and capacity of Redeveloper to complete the demolitions and landscaping and continued maintenance of the landscaping on the Property shall be prior to actual conveyance of the Property to Redeveloper by Agency. All such submissions must be satisfactory to the Agency's Vice Chairman. SEC. 6 TIME PERIODS All periods of time in which the Redeveloper has to perform its obligations under this Agreement are stated and granted on the basis that "Time is of the Essence ". SEC. 7 PERIOD OF DURATION OF COVENANT ON USE. The covenants pertaining to the uses and certain restrictions and covenants on and with respect to the Property, set forth in Section 401 of Part 11 hereof, shall remain in effect from the date of the Deed for as long as Revitalizing Urban Neighborhoods, Inc. holds title to the properties. SEC. 8 NOTICES AND DEMANDS. A notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) In the case of Redeveloper, is addressed to or delivered to Redeveloper at 314 Central Avenue, Angola New York 14006. (ii) In the case of Agency, is addressed to or delivered personally to Agency at City of Buffalo Urban Renewal Agency, Room 920 City Hall, 65 Niagara Square, Buffalo, New York 14202, (with a copy to Agency Vice Chairman's attention and Agency Secretary's attention), or at such other address with respect to either party as that party may, from time to time designate in writing and forward to the other as provided in this Section. SEC. 9 SPECIAL PROVISIONS (A) Early Entry Agreement. In the event Redeveloper is desirous of commencing demolition and landscaping on the Property following approval of this Agreement by the Agency and City of Buffalo Common Council but prior to transfer of title of the Property to Redeveloper, Agency agrees to permit Redeveloper to enter upon the Property, providing the parties hereto, each hereby covenant and agree with the other as follows: FIRST: This Section contemplates the sale and demolition of the improvements on the Property and landscaping of the Property in accordance with the provisions of this Agreement. SECOND: Redeveloper agrees that the demolition, landscaping and maintenance required under this Agreement shall be clone pursuant to and in accordance with all State, County and all local codes and ordinances and that Redeveloper will apply for and obtain all required permits and licenses. THIRD: RESERVED FOURTH: Redeveloper agrees that all Redeveloper activities shall be done in a good and workmanlike manner and that Redeveloper shall take all appropriate precautions to safeguard against injury to persons and damage to property. FI F TH: Redeveloper agrees to comply with all Federal, State, County and City laws, rules, regulations which are applicable to the Redeveloper's activities on the Property. SIXTH: Redeveloper agrees, without limitation and at no cost to Agency or the City of Buffalo, to defend, indemnify and hold harmless Agency and the City of Buffalo from any and all damages, claims, suits, actions, and costs because of bodily injury or sickness, including death, sustained by any person or persons and from damage to or loss of property, including the loss of use thereof, caused directly or indirectly as a result of the Redeveloper's work performed on the Property. SEVENTH: Prior to Redeveloper entering upon the Property as herein provided, it shall secure and deliver to Agency a Certificate evidencing Owners Protective Liability Insurance coverage naming as insured the City of Buffalo Urban Renewal Agency and the City ol'Buffalo. Said insurance coverage shall be maintained by Redeveloper at its expense for the duration of this Agreement in an amount of not less than ONE MILLION DOLLARS ($1,000,000.00) GENERAL LIABILITY COVERAGE; to protect Agency and the City of Buffalo, their agents and employees from any and all claims and damages for personal injuries, or death, or from damage to any property owned by Agency, the City of Buffalo or land otherwise privately or publicly owned, arising from any cause resulting from or proximately caused by Redevelopers entrance upon and/or work performed by Redeveloper pursuant to this Section of this Agreement. EIGHTH: Each Certificate of Insurance shall contain a provision providing for fifteen (15) days prior written notice to Agency of Redeveloper's or insurance company's intention to cancel or materially change said policies. NINTH: RESERVED TENTH: RESERVED ELEVENTH.: Under no circumstances shall Agency or the City of Buffalo be obligated to commence or complete the demolition, landscaping and or maintenance of the Property or improvements thereon. TWELFTH: The right to enter upon the Property is reserved to the Agency and the City of Buffalo. THIRTEENTH: Section 9 (A) of this Agreement shall terminate upon the transfer of title to Property to Redeveloper pursuant to this Agreement. FOURTEENTH: Those items required and referred to in Section 5 of the Agreement referred to in Section 5 of this Agreement shall have been received and approved by the Agency prior to commencement of any activities under this Section 9A, B) Use of Property: Redeveloper shall not use or permit Property to be used for any ,purpose other than as provided for in Section 4. C) Statements and Representations: The parties Shall not be liable or bound. by any verbal or written statements, representations, real estate brokers "set ups" or information pertaining to Property furnished by any real estate broker, agent, employee, servant, or any other person, unless the same are specifically set forth in this Agreement.. The parties further acknowledge that, except as specifically set forth herein, neither party nor any agent or representative of either party have made, and the parties are not liable for or bound in any manner by, any express or implied warranties, guarantees, promises, statements, inducements or representation of information pertaining to Property. (D) Indemnification: Redeveloper agrees to dcfend and indemnify Agency against the claims of any Broker arising as a result of any negotiations had by Redeveloper with any broker in connection with this Agreement. Redeveloper further agrees, at Agency's option, to provide legal counsel, representation and litigation expenses to Agency, at no cost to Agency, or to pay all legal fees of an attorney of Agency's choosing and all other costs of litigation for any litigation that may result from any claims that may be brought by any broker against Agency in connection with this Agreement. SEC, 10 PROHIBITION AGAINST ASSIGNMENT OF AGREEMENT. Notwithstanding anything; to the contrary contained in this Agreement, Redeveloper shall not assign this Agreement in whole or in part to any other party, corporation, partnership or other legal entity without the prior written approval of Agency. SEC. It MODIFICATION OF PART II. Insert after subsection 401(b) the following subsection: (c) All advertising (including signs) f'or sale and/or rental of the whole or any part of Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily legible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. Any references to "Urban Renewal Plan" or "Area" in Part 11 of this Agreement should be deemed to have been changed to "Project Area ". J'�) SEC. 1.2 PROJECT SIGNS Redeveloper agrees to construct and install a minimum of one (1) project sign described as follows and the project sign shall include: 1.) Name of'Project 2) City of Buffalo Honorable Byron W. Brown, Mayor Timothy E. Wanamaker, Vice Chairman - BURA David Franczyk, District Councilmernber- Council President 3) Federal financial participation, if applicable, by means of the following phrase: "This project is being carried out with financial aid from the U. S. Department of Housing and Urban Development ". Project signs shall be weatherproof and shall be carefully maintained, until project has been completed. Signs shall have a background of red, white and blue in three (3) equal horizontal segments. Size and number of'signs shall be appropriate to the site and adequate to mark it. Signs shall not be smaller than 4' x 6' or larger than 8' x 8', except to meet special or local requirements. Redeveloper shall submit a sample of the proposed sign to the Executive Director of Strategic Planning for the City of Buffalo for approval prior to sign construction. SEC. 13 COUNTERPARTS This Agreement is executed in six (6) counterparts, each of which shall constitute one and the same instrument. 1 ` IN WITNESS WHEREOF, Agency has caused this Agreement to be duly executed in its name and behalf by its Vice - Chairman and its sea] to be hereunto duly affixed, and the Redeveloper has caused this Agreement to be duly executed in its name and behalf by its President, on or as of the first day above written. SEAL CITY OF BUFFALO URBAN RENEWAL AGENCY BY: TIMOTHY E. WANAMAKER VICE - CHAIRMAN REVITALIZAT'ING URBAN NEIGHBORHOODS, INC. M STATE OF NEW YORK: COUNTY OF ERIE SS STATE OF NEW YORK: On the day of.luly, , 2006, before me, the undersigned, a Notary Public /Commissioner of Deeds in and for said City, personally appeared Timothy E. Wanaker personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his opacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual, or the person upon behalf of which the individual acted, executed the instrument. COMMISSIONER OF DEEDS STATE OF NEW YORK: COUNTY OF ERIE SS CITY OF BUFFALO On the _ day of July, 2006, before me, the undersigned, a Notary Public /Commissioner of Deeds in and for said City, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by r, his signature on the instrument, the individual, or the person upon behalf of which the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC /COMMISSIONER OF DEEDS 1 9 EXHIBIT A This Release and Indemnity Agreement is given by Revitalizing Urban Neighborhoods, Inc. (hereinafter "Redeveloper ") to the City of Buffalo Urban Renewal Agency ( "Agency and the City of Buffalo ( "City as a condition of the delivery and acceptance of a Land Disposition Agreement and quitclaim deed from Agency to Redeveloper of real properties commonly known as 1106 Genesee, 836 Sycamore and 182 Wilson in Buffalo, New York (the "Property "). I. RELEASE PROVISION: Redeveloper covenants and agrees at his sole cost and expense, to release and save harmless Agency and the City and all their officers, employees, directors, agents and representatives (collectively, "Agency ") (collectively "City ")from and against any and all damages, losses, charges, liabilities, obligations, penalties, claims, Iitigation, demands, defenses, judgments, suits, actions, proceedings, costs, disbursements, and/or expenses, including without limitation, all attorneys' and experts' fees, costs of investigation, monitoring, remedial response, removal, restoration or permanent acquisition of any kind whatsoever, which may now or in the future be undertaken, suffered, paid, awarded, assessed, imposed, asserted or otherwise incurred by Redeveloper, individually or collectively, at any time resulting from or arising out of: (a) the past, present or future presence, Release or threatened Release of any hazardous Substances, including but not limited to petroleum or any petroleum based substances, in, on, above or under the Property or migrating to parcels now or hereafter owned by Redeveloper; (b) any personal injury, wrongful death, or property or other damages arising under any statutory, common law or tort law theory, arising out of, or related to, the rernediation of the Property or parcels now or hereafter owned by Redeveloper; (c) Redeveloper's failure to promptly undertake and/or diligently pursue to completion all necessary, appropriate and legally authorized investigative, containment, removal, clean -up and/or other remedial actions with respect to a release or threat of release of any hazardous substance, including but not limited to petroleum or petroleum based products, on, at or from the Property or migrating off the Property to any and all other locations off-site; (d) human exposure to any hazardous substance, including but not limited to petroleum or petroleum based products, noises, noxious fumes, vibrations, or nuisances of whatever kind from any condition on the Property resulting from Hazardous materials, or the ownership, use, operation, sale, transfer or conveyance thereof; (c) a violation ofany applicable state or federal statute or regulation with respect to any condition now or hereafter existing on the Property; (f) any investigation, prosecution, enforcement, action, suit, request to negotiate or consent order or other action by any governmental body or office, including but not limited to the New York Department of I nviromxtental Conservation ( "DEV ") or the Environmental Protection Agency ( "EPA "); } (g) any and all costs in connection with any clean -up, removal and/or investigation of environmental contamination, deposited on or into the Property or migrating therefrom, whether from on or off site, for which legal requirements mandate be cleaned up at, or removed from, the Property or any other property contaminated from the migration of hazardous material off site. The release ol'Agency and City hereunder shall in no way be limited, abridged, impaired or otherwise affected by the following: (1) the release of Redeveloper, the Agency or City or any other person from the performance or observance of this agreement by operation of law, Agency's voluntary acts or otherwise; the invalidity or uncnforceability ofany of the terms or provisions of any of the Property purchase documents and or related documents; (iii) any applicable statute of limitations; (iv) any investigation or inquiry conducted by or on behalf of the ,Agency or City or any other in.denuritee (and or releasee) or any information which Agency or any other indemnitee (and or releasee) may have or obtain with respect to the environmental or ecological condition of the Property; (v) the sale, transfer or conveyance of all or part of the Property; (vi) the release or discharge in whole or in part of Redeveloper in any bankruptcy, insolvency, reorganization, arraignment, readjustment, composition, liquidation or similar proceeding or; (vii) any other circumstances which might otherwise constitute a legal or equitable release or discharge, in whole or in part, of Redeveloper. Redeveloper, and his representatives, agents, employees, successors, predecessors and or assigns, shall be precluded now and in the future fron) asserting any and all claims (whether direct claims, cross - claims, third -party claims, defenses, counter - claims or other types of claims) against Agency or City, individually or collectively, including any claims under (without limitation) the Resource Conservation and Recovery Act, the Oil Pollution Act, the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act, the New York State Environmental Conservation Law, and or the New York State Navigation Law. 11. REPRESENTATIONS AND WARRANTIES- Agency and City snake no representations or warranties with respect to the past, present or future presence, Release or threatened Release of any Hazardous Substances, including but not limited to petroleum or any petroleum based substances, in, on, above or under the Property, and/or migrating off the Property to any and all other locations off -site. Agency makes no representations or warranties as to any past, present or threatened non - compliance or violations of any Environmental Laws (or permits issued pursuant to any Environmental Law) in connection with the Property or operations thereon. By executing the band Disposition Agreement, Redeveloper acknowledges that Redeveloper has had the right and a full opportunity to conduct any testing or investigation of the Property and has waived such right and opportunity. M. DEFINITIONS: As used in this Agreement, the following; terms shall have the following meanings: "Hazardous substance" means, without limitation, any flammable explosives, radon, radioactive materials, asbestos, urea formaldehyde foam insulation, polychlorinated bifennels, petroleum and petroleum products, urethane, hazardous materials, hazardous waste, hazardous or toxic substances and any other material defined as a hazardous substance in the Comprehensive Environmental Response, Compensation and Liability Act of 1984, as amended, 42 U.S.C. § 9601 et seq.; The Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1801 et sc:q,; The Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901 et seq., Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy, guidance, procedure, interpretation, decision, order, or directive, whether existing as of date hereof, previously enforced or subsequently enacted. "Environmental Law" means any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to I lazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. The term ". Fnvironmental Law" includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right -to -Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including but not limited to Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act, the Clean Water Act; the Clean Air Act, the Toxic Substances Control Act; the Safe Drinking; Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy ,Act; and the River and I larbors Appropriation Act. The term "Environmental Law" also includes, but is not limited to, any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law; conditioning transfer of property upon. a negative declaration or other approval of a governmental authority of the environmental condition of the property; requiring notification or disclosure of Releases of' Hazardous Substances or other environmental condition of the Property to any governmental authority or other person or entity, whether or not in connection with transfer of title to or interest in property; imposing conditions or requirements in connection with permits or other authorization for lawful activity; relating to nuisance, trespass or other causes of action related to the Property; and relating to wrongful death, personal injury, or property or other damage in connection with any physical condition or use of the Property. "Release" with respect to any Hazardous Substance includes but is not limited to any release, deposit, discharge, emission, leaking, leaching;, spilling, seeping, migrating, injecting, pumping, pouring;, emptying;, escaping, dumping, disposing or other movement of I lazardous Substances. Release shall also have the same meaning as given to that term in the Comprehensive Environmental Response, Compensation and liability Act of 1980, as amended, 42 U.S.C. § s � 9601 et seq., and the regulations promulgated thereunder and Articles 15 and 27 of the New York State I3nvironmental Conservation Law, and the regulations promulgated thereunder. "Remediation" includes but is not limited to any response, remedial, removal, or corrective action; any activity to clean up, detoxify, decontaminate, contain or otherwise remediate any Hazardous Substance; any actions to prevent, cure or mitigate any Release of any Hazardous Substance; any action to comply with any Environmental Laws or with any permits issued pursuant thereto; any inspection, investigation, study, monitoring, assessment, audit, sampling and testing, laboratory or other analysis, or evaluation relating to any Hazardous Substances or to anything referred to herein. "Legal Action" means any claim, suit or proceeding, whether administrative or - Judicial in nature. "Loss or Losses" includes any losses, d<unages, costs, fees, expenses, claims, suits, judgments, awards, liabilities (including; but not limited to strict liabilities), obligations, debts, diminution in value, fines, penalties, charges, costs of Remediation (whether or not performed voluntarily), amounts paid in settlement, foreseeable and unforeseeable consequential damages, litigation costs, attorneys' fees, engineers' fees, environmental consultants' fees, and investigation costs (including but not limited to costs for sampling, testing and analysis of soil, water, air, building materials, and other materials and substances whether solid, liquid or gas), of whatever kind or nature, and whether or not incurred in connection with any judicial or administrative proceedings, actions, claims, suits, judgments or awards to the extent recoverable at law or in equity. "Fines" or "Penalties" means any levy imposed by a governmental body or office, including but not limited to the .DEC or EPA, authorized by statute or regulation, that is not, directly or indirectly, compensation for, or reimbursement of, any actual cost incurred, liability imposed, or loss sustained by said governmental body or office or any other party. It is specifically understood that "fines" or "penalties" are levies imposed as a punitive or deterrent measure and do not include any other type of loss, except as otherwise defined by statute or regulation. 1V. 'THESE PROVISIONS TO RUN WITH THE LAND All of the provisions contained in this Agreement shall run with the land constituting the Property and shall be binding upon Redeveloper and all Redeveloper's successors and assigns. SCHEDULE A LEGAL DESCRIPTION (TO BE INSERTED) 1106 Genesee Street 836 Sycamore 182 Wilson SCHEDULE B SCOPE OF SERVICES (TO BE INSERTED) B SCHEDULE C SHPO REQUIREMEN`T'S (TO BE INSERTED) E SCHEDULE B SCOPE OF WORK Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) is a non - profit corporation formed to combat urban blight and decay in the City of Buffalo. RUN Buffalo's mission is to acquire vacant, abandoned properties, remove uninhabitable buildings for which rehabilitation would not be feasible, and in their place create landscaped green spaces, eventually returning the properties to productive reuse. RUN Buffalo has volunteers and funds available for demolition, landscaping and maintenance of these properties. RUN Buffalo will undertake a public /private arrangement between RUN Buffalo and the City of Buffalo Urban Renewal Agency and City of Buffalo (the City). The partnership concept enables us to leverage the resources of the individual partners to maximize the impact of our combined revitalization efforts. To the extent feasible, RUN Buffalo will enlist the participation of a Community Based Organization (CBO), defined as an organization within the community that has legal status and the ability to contract, that has broad community support and is capable of assisting out endeavors with respect to fund raising and providing volunteers. The CBO's involvement, if any, will be secured through a separate Memorandum of Understanding between RUN Buffalo and the CBO. This project will involve demolition and removal of blighted residential buildings on three properties slated by the City for demolition, which properties are to be those three Properties which are described as the "Property" in the Agreement to which this Schedule B is attached. The City will transfer ownership of the properties to RUN Buffalo through BURA. The City, through BURA will provide, through a grant, the sum of $10,000.00 on a one time only basis. Said $10,000.00 Grant (the "$10,000.00 Grant ") is defined as that certain grant approved by the BURA Board of Directors as item 3c of the agenda at their August 25, 2005 meeting. Said funds will be used for demolition and removal of improvements on the three properties and for landscaping. RUN Buffalo will be responsible for all costs in excess of $10,000.00 including but not limited to the remaining costs of demolition and material, labor, and equipment necessary to complete landscaping of all three properties. To the extent feasible, available and appropriate, RUN Buffalo will enlist the assistance and fund raising support of the CBO. Upon completion of landscaping, RUN Buffalo, with the assistance of the CBO will recruit and supply volunteers to reduce costs. The scope of work expected from RUN Buffalo is as follows: Task 1: Conduct Initial Meeting with City Staff. During this meeting, we will discuss the terms of contracts and logistics for transferring the Property. Task 2: Identification and approval of the Property for demolition and submittal of demolition permit applications. Approval for transfer of the Property to RUN Buffalo will be submitted to the BURA Board of Directors and the Common Council. Demolition permit applications will be filed by RUN Buffalo. Task 3. Demolition and Landscaping. Funding for this project will consist of the proceeds of the $10,000.00 Grant from BURA together with funds raised by RUN Buffalo. If a CBO is involved they will participate in RUN Buffalo's fund raising efforts. 2. RUN Buffalo will demolish and remove blighted buildings and infrastructure from the Property. 3, RUN Buffalo will provide the materials, labor and equipment necessary to finish, grade and landscape the Property. RUN Buffalo and the CBO will supply volunteer labor where appropriate to minimize costs and preserve funds for future efforts. Task 4: Maintenance 1. RUN Buffalo will be responsible for the annual costs of maintenance on all three properties comprising the "Property ". RUN Buffalo and the CBO will make every effort to recruit and supply volunteers to reduce the costs of continuing maintenance. 2. The Partners and the CBO, if any, will engage in a planning effort to study the best long -term strategy for project properties. Task 5: Final Report RUN Buffalo will make a final report confirming completion of demolition and landscaping of all three properties in accordance with the terms of 10,000.00 Grant from BURA and the Agreement. # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: August 30, 2006 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Executive o TEXT: TYPE SINGLE SPACE BELOW SUBJECT: (: ENDORSEMENT OF THE CITY OF BUFFALO URBAN RENEWAL AGENCY'S APPLICATION FOR THE RESTORE NY COMMUNITIES INITIATIVE PROGRAM & NOTICE OF PUBLIC HEARING PRIOR COUNCIL REFERENCE: (IF ANY) Ex. item No. xxx C.C.P. xxlxxlxx TEXT: (TYPE SINGLE SPACE BELOW) Agency seeks Buffalo Common Council endorsement of its application for the Restore NY Communities Initiative program for funding in the amount of $5 million for strategically targeted demolitions in the City of Buffalo. Additionally, Agency requests your Honorable Body to set a date for a public hearing and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution endorsing Agency's application for funding After the Public Hearing is held, Your Honorable Body may adopt a Resolution endorsing Agency's application for funding for strategically targeted demolitions in the City of Buffalo. TYPE DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TYPE TITLE: Executi irector SIGNATURE OF DEPARTMENT HEAD: REFERRED TO THE COMMITTEE ON COMMUNITY DEVVLOPMENT. # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: August 8, 2006 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Executive SUBJECT: Capital Improvements Budget Process PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: TYPE SINGLE SPACE BELO Consistent with the Charter of the City of Buffalo, August 1, 2006 signals the beginning of the Capital Improvements Budget Process for new city projects. The Office of Strategic Planning is mobilizing to work with your honorable body and all city departments to develop recommendations for funding for projects in Fiscal Year 2007. This year's Capital Improvements Budget allocation is $23,000,000.00. Please see the attached schedule for implementation timelines. REFERRED TOTHE T L DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: W August 1, 2006 Week of August. 6, 2006 Week of August 21, 2006 Activi City Comptroller notifies Mayor of funding availablity Staff Training on New Budgeting Software Office of Strategic Planning receives budget requests from the following departments: Common Council Police Fire Economic Development, Permits and Inspections Public Works (including Cultural Organizations) Buffalo Public Schools Office of Strategic Planning office of Strategic. Planning meets with and submits September 1;.2006 or earlier recommendations for CIP funding to Citizens Planning Council Citizens Planning Council holds public hearing regarding CIP September 15, 2006 or earlier Ifunding September 15, 2006 to Citizens Planning Council holds meetings regarding funding October 6, 2006. requests with the following departments: Police :(8118 time TBD) Fire (9119 time TOD) Economic Development, Permits and Inspections (9119 time TBD) . Public Works (including. Cultural Organizations)(9120 time TBD) Common Council .(9121 time TBD) Buffalo Public Schools (9122 time TBD Office of Strategic Planning (9122 time T130) October 7, 2006 Citizens Planning Council submits recommendations to Mayor October 7,2006 to November. 1, 2006. Mayor's office reviews CIP budget Mayor's office forwards CIP budget to Common Council for November 1, 2005 December 15 2006 December 15, 2006 to December 31, 2006 approval Deadline for Common Council adoption of CIP budget reviewed and approved by Buffalo Fiscal a of t. i July 31, 2006 TO: Department Heads FROM: Mayor Byron W. Brown CC: Steven Casey, First Deputy Mayor RE: Capital Improvement Program Budgeting Process The annual Capital Improvement Program Budgeting process begins August 1, 2006 and the Office of Strategic Planning is mobilizing to ensure that the process runs as efficiently and effectively as possible. The Capital Improvement Program is designed to provide resources for the City's long -term capital needs, including repair and construction of sewers, streets, parks, city buildings, housing and economic development. It is critical for prioritizing and addressing the city's needs by way of a thoroughly planned, reasoned approach and allocation of funding. Quality of life issues and future development within the City of Buffalo are largely dependent upon the capital improvements performed and I intend to make it a high priority. Executive Director Wanamaker and his staff will work directly with your department to assist in the preparation of your capital budget request. For your review, I have attached a diagram outlining the Capital Improvement Program Budgeting Process as outlined in the Charter of the City of Buffalo. I look forward to working with you and your office on this year's Capital Budgeting process. # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: August 10, 2006 FROM : DEPARTMENT: Office of Strategic Planning DIVISION: Executive Director'' SUBJECT: Capital Improvements Budget Process PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: (TYPE SINGLE SPACE DELOW Attached please find the following correspondence regarding the 2001 Capital Improvements Budget Process: • A request for submission of budget requests by August 23, 2000 to ensure timely delivery to the Citizens Planning Council — with revised schedule • A request for the appointment of five (5) members to the Citizens Planning Council • Information on a tutorial for capital budgeting software �.. V i 4� S7 - ins fl e t RAM 'WEV-11 DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: C) 11q S�aL k: y�4 cy 1'y at D O FFICE OF STRATEGIC PLANNING Byron W. Brown, Mayor Timothy E. Wanamaker, Executive Director MEMORANDUM August 8, 2006 TO: Hon. David A. Franczyk, Common Council President Paul Wolf, Chief of Staff, Common Council H. McCarthy Gipson, Commissioner, Buffalo Police Department Michael Lombardo, Commissioner, Buffalo Fire Department Richard Tobe, Commissioner, Dept. of Economic Development, Permits & Inspections Joseph Giambra, Commissioner, Department of Public Works James Williams, Superintendent, Buffalo Public Schools FROM: Timothy E. Wanamaker, Ex �irector, Office of Strategic Planning RE: Capital Improvements Budget Process The 2007 Capital Improvements Budget Process has began on August 1, 2006 and my staff has been mobilizing to ensure that the process runs as efficiently and effectively as possible. Please evaluate your departmental needs and coordinate to supply the Office of Strategic Planning with your Capital Budget requests. Since time is of the essence, please submit your requests by August 23, 2006 for submission to the Citizens Planning Council. have attached a schedule for your review. Please contact me at 851 -5035 with any questions. Thank you. 313 City Hall • 65 Niagara Square • Buffalo, New York 14202 • (716) 851 -5312 • FAX: (716) 851 -5168 -" a2 Date jActivity August 1, 2006 August 22, 2006 900am' Week of August 21, 2006 September 1, 2006 or. earlier September 15, 2006 or earlier City Comptroller notifies Mayor of funding availablity Staff Training on New Budgeting Software Office of Strategic Planning receives budget requests from the following departments: Common Council Police Fire Economic Development, Permits and Inspections Public Works (including Cultural Organizations) Buffalo Public Schools Office of Strategic Planning Office of Strategic Planning meets with and submits recommendations for CIP funding to Citizens Planning Council Citizens Planning Council holds public hearing regarding GIP October 7, 2006 to November Mayor`s office reviews CIP budget 1, 2006 November 1, 2006 Mayor's office forwards CIP budget to Common Council for December 15, 2006. Deadline for Common Council' adoption of CIP budget December 15, 2006 to Budget reviewed and approved by Buffalo Fiscal Stability Authority December 31.2©06 �l City of Buffalo OFFICE OF STRATEGIC PL ANNING Byrom W. Brown, Mayor Timothy E. Wanamaker, Executive Director MEMORANDUM August 8, 2006 TO: Hon. David A. Franczyk, Common Council President FROM: Timothy E. Wanamak r* Executive Director RE: Citizens Planning Council Per the requirements of the Charter of the City of Buffalo, the Citizens Planning Council (CPC) is responsible for overseeing the Capital Budget process and making recommendations with regard to a submitted budget. CPC members are appointed to four - year terms by the Mayor of the City of Buffalo, the City of Buffalo Common Council and the Buffalo Board of Education. The City of Buffalo Common Council appoints five (5) members to the CPC and require approval by vote of the Council. The terms of the following members have expired effective June 30, 2006: Mr. Philip Frandina Mr. Thomas Vossler Mr. Chet Sobotka Additionally, there is a vacant seat on the CPC to be filled by the Common Council. Therefore, it is requested that the Common Council make their four (4) appointees at the September 5, 2006 meeting to prevent delays in the Capital Improvements Budget process. I can be contacted with any questions regarding this request at 851 -5035. 313 City Hall - 65 Niagara Square • Buffalo, New York 14202 • (716) 851 -5312 • FAX: (716) 851 -5168 �� 42 q ■ . i y�� w 11 O FFICE OF STRA'T'EGIC PLANNING Byron W. Brown, Mayor Timothy E. Wanamaker, Executive Director MEMORANDUM August 8, 2006 TO: Hon. David A. Franczyk, Common Council President Paul Wolf, Chief of Staff, Common Council H. McCarthy Gipson, Commissioner, Buffalo Police Department Michael Lombardo, Commissioner, Buffalo Fire Department Richard Tobe, Commissioner, Dept. of Economic Development, Permits & Inspections Joseph Giambra, Commissioner, Department of Public Works James Williams, Superintendent, Buffalo Public Schools Andrew SanFilippo, Comptroller Carla Kosmerl, Director of Administration & Finance, Office of Strategic Planning Lynn Urbanski, Program Manager, Office of Strategic Planning FROM: Timothy E. Wanamaker, Execm AOector, Office of Strategic Planning RE: Capital Improvements Budget Software Please be advised that training has been arranged for the Capital Budgeting Software from Questica for Tuesday, August 22, 2006 in Room 920. The basic user training will be from 9:00 am - 11:00 am. Administrators will need to attend the basic user session and an administrator session from 11:00 am -- noon. It is imperative that anyone involved in the Capital Budget Process be trained on this software. Please attend, or assign appropriate staff for training. Thank you. 313 City Hall • 65 Niagara Square • Buffalo, New York 14202 • (716) 851 -5312 • FAX: (716) 851 -5168 .. 102 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNt )000 DATE: August 24, 2006 FROM: DEPARTMENT: STRATEGIC PLANNING DIVISION: REAL ESTATE SUBJECT: St. John's Community Development Town House Project - Sale of City Parcels PRIOR COUNCIL REFERENCE: (IF ANY) EX. (Item No.13. C.C.P. 04/18106 Text: (Type single space below) In the above referenced item Your Honorable Body authorized the sale of thirty -two (32) city owned vacant lots in the amount of $32,000.00 to St. John's Community Development Corporation for the construction of twenty -eight (28) affordable housing units. The Private Housing Finance Law of the State of New York (PHFL) Section 576 -a provides that a deed conveying real property from a municipality to a Housing Development Fund Corporation (HDI=C) shall contain the appropriate provisions restricting the disposition of the property by such Housing Development Fund Corporation. The purposes of these provisions are to guarantee the continued use for purposes of affordable housing and require the approval of the municipality to any sales, transfer, exchange, assignment or lease of the property. The Council's prior approval did not include the above- mentioned provisions and restrictions. Attached are the proposed required LDA, Subordination Agreement and Deed that have been prepared for your review. Therefore, I am requesting Your Honorable Body to authorize the Executive Director, Office of Strategic Planning, to prepare the required Land Disposition Agreement and Deed to St. John's or appropriate Housing Development Fund Corporation in accordance with Section 576 -a of the New York State Private Housing Finance Law. I am further recommending that the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME: Timothy Wanamaker TYPE TITLE: Executive Director Office of Strategic Planning C� SIGNATURE OF DEPARTMENT HEAD; C REFERRED TO THE COMMITTEE ON COMMONITY DEVELOPMENT. THE COMMISSIONER OF EDPT AND THE CORPORATION COUNSEL III q� LAND DISPOSITION AGREEMENT THIS LAND DISPOSITION AGREEMENT ( "LDA "), entered into as of the day of September, 2006, by and between the CITY OF BUFFALO, having its principal office at City Hall, Buffalo, New York 14202 (the "City "), ST. JOHN TOWNHOMES HOUSING DEVELOPMENT FUND COMPANY, INC., having its principal office at 184 Goodell Street, Buffalo, N.Y. 14204 (the "Company "), ST. JOHN TOWNHOMES, L.P., having its principal office at 184 Goodell Street, Buffalo, New York 14204 (the "Partnership ") and ST. JOHN FRUIT BELT COMMUNITY DEVELOPMENT CORPORATION also known as St. John's Community Development Corp. (the "Sponsor "). WHEREAS, the City is the owner of certain real property, consisting of all those plots, pieces, or parcels of real property situated, lying, and being in the City of Buffalo and State of New York, as more particularly described in Exhibit A annexed hereto and made a part hereof ( "Land "), and all buildings and improvements situated on the Land ( "Improvements "); and WHEREAS, the present condition of the Land and Improvements (collectively, "Disposition Area ") tends to impair or arrest the sound growth and development of the municipality; and WHEREAS, the City desires to encourage the redevelopment of deteriorated City -owned properties and to promote the development of affordable housing; and WHEREAS, the City and Sponsor previously entered into a Purchase Offer (Unimproved Property) dated April 25, 2006 (the "Prior Contract "), but the parties have determined that the Property should be acquired by the Company as nominee for the Partnership rather than by Sponsor; and WHEREAS, Sponsor will execute this LDA for the sole purpose of acknowledging the termination of the Prior Contract; and WHEREAS, to encourage the redevelopment of the Disposition Area as affordable housing, the City will convey the Disposition Area to the Company, as nominee for the Partnership, and the Partnership will redevelop the Disposition Area as a 28 -unit affordable housing project for St. John Townhomes (the "Project "); and WHEREAS, the Company is a housing development fund company ( "HDFC ") formed under Article XI of the Private Housing Finance Law of the State of New York (the "PHFL "); and WHEREAS, Section 576 -a of the PHFL provides that a deed conveying real property from a municipality to an HDFC shall contain appropriate provisions restricting the disposition of the property by such.HDFC, through provisions for a reversion of the property conditioned on the continued use for purposes of housing and provisions requiring the approval of the %ll '51 municipality to any sale, transfer, exchanged, assignment or lease, or otherwise (the "Reversion "). NOW THEREFORE, the parties hereto, in consideration of the mutual promises and agreements contained herein, covenant and agree as follows: ARTICLE I CONVEYANCE 101. Purchase and Sale The City shall sell and convey the Disposition Area to the Company, as nominee for the Partnership. The Company, as nominee for the Partnership, shall purchase and receive conveyance of the Disposition Area from the City. 102. Purchase Price The price for the sale of the Disposition Area from the City to the Company and Partnership is Thirty Two Thousand and 001100 ($32,000.00) Dollars ( "Disposition Price "). Partnership shall pay the Disposition Price to the City upon delivery of the deed for the Disposition Area ( "Deed "). 103. Deed The Deed shall be a quit -claim deed with lien covenant. 104. Certain Conditions of Conveyance. A. "As Is ", Condition. Company and Partnership accept the Disposition Area in its "as is" condition on the date ( "Closing Date ") of delivery of the Deed to the Company, as nominee for the Partnership ( "Closing "). The City has not made any representations-regarding the condition of the Disposition Area, B. Title The Deed shall provide that the City conveys to the Company, as nominee for the Partnership, and the Company accepts from the City, all right, title, and interest of the City in and to the Disposition Area, subject to all terms, covenants, and conditions of the Deed and this LDA. C. Additional Conditions The Disposition Area shall also be sold and conveyed in accordance with the following: Transfer Taxes Partnership shall pay the Real Estate Transfer Tax imposed on the Deed pursuant to Sections 1400 -1410 of the Tax Law of the State of New York. 2. Recording Company and/or Partnership shall cause all recordable documents between Company and /or Partnership and the City or any participating lender (including, without limitation, the Deed, this LDA, any mortgage securing construction or permanent financing for the Project, any modification, extension, consolidation, or other amendment of such mortgage and any subordination agreement executed by the City) to be recorded against the Disposition. Area in the Office of the County Clerk for the county in which the Disposition Area is located immediately -2- following the Closing. Company and/or Partnership shall cause any building loan contract relating to the construction of the Project to be filed in the Office of the County Clerk for the county in which the Disposition Area is located immediately following the Closing. Company and/or Partnership shall pay all required fees and taxes in connection with such recording or filing, unless any such amount is property payable by a lender to the Project. 105. Holder As used in this LDA, "Holder" shall mean an entity which holds a recorded mortgage on the Disposition Area to secure construction or permanent financing and which has been approved by the City, pursuant to the terms and conditions of this LDA. ARTICLE 11 REVERSION 201. Reversion Upon the disposition of the Disposition Area by the Company, as nominee for the Partnership, title to the Disposition. Area shall revert to the City unless: A. The Disposition Area continues to be used for the purposes of housing by the grantee; and B. The City approves such disposition of the Disposition Area. 202. Subordination. A. Notwithstanding the provisions of Section 201, any reversion of title to the City pursuant to the terms of this LDA or the Deed shall be subject to and limited by, and shall not defeat, render invalid, or limit in any way (i) the lien of any mortgage ( "Mortgage ") held by a Holder which is approved by the City, which approval shall be evidenced by the City's execution of the instrument described in Section 202(B), below, or (ii) any rights or interests provided in this LDA for the protection of the Holder of such Mortgage. B. Upon the request of Company and/or Partnership, the City shall deliver to the Holder at the Closing an instrument in recordable form, whereby the City's rights and interests and Company's and Partnership's covenants under this LDA and the Deed are subordinated to the lien of the Mortgage in the event that Company and/or Partnership ceases to hold title to the Disposition Area as a result of the Holder's exercise of a remedy for the Company's and Partnership's default under the Loan Documents ( "Default "). In the event that the Holder forecloses the lien of the Mortgage, or obtains a deed in lieu of foreclosure, the City's reversion rights under this LDA shall no longer run with the land and shall be null and void. C. 1f, after the issuance of any Default notice, any Holder shall Cure the Default before the expiration of any cure period, such Holder may add the cost of curing such Default to the Mortgage debt and to the lien of its Mortgage. -3- ARTICLE III MISCELLANEOUS PROVISIONS 301. Covenants Running With Land The agreements and covenants set forth in this LDA shall run with the land and shall be binding to the fullest extent permitted by law and equity. Such covenants shall inure to the benefit of the City and shall bind and be enforceable against Company and Partnership and to the extent specified herein, the Sponsor and their respective successors and assigns. 302. Binding Effect This LDA shall inure to the benefit of and be binding upon any successor of any party hereto, but this provision shall not operate to permit any assignment or other voluntary transfer of any rights created hereunder except in such manner as may be expressly permitted by this LDA. 303. Choice of Law This LDA shall be governed by and construed in accordance with the laws of the State of New York. 304. Notices. A. All notices, approvals, requests, waivers, consents, or communications given or required to be sent under this LDA shall be in writing and sent by certified mail, return receipt requested, addressed as follows: 1. When sent by the City to the Partnership, to: St. John Townhomes , L.P. 184 Goodell Street Buffalo, N.Y. 14204 2. When sent by the City to the Company or Sponsor, to: St. John Townhomes Housing Development Fund Company, Inc. 184 Goodell Street Buffalo, N.Y. 14204 3. When sent by Company or Partnership to the City, to: City of Buffalo 920 City Hall Buffalo, N.Y. 14202 B. Each party shall notify the other in the case of a change in address, which changed address shall thereafter be the address to which notices are sent. C. Any notice given hereunder shall be deemed to have been given upon personal delivery or upon the third (3rd) day after such notice has been deposited in the -4- 1. J United States mail, postage prepaid. Any notice of a change in address shall only be deemed to have been given when received by the other party. 305. Provisions Required by Law Deemed Inserted. Each and every provision of law and governmental regulation required by law to be inserted in this LDA shall be deemed to be inserted herein and this LDA shall read and shall be enforced as though so included herein. If, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then, upon the application of either party, this LDA shall be deemed to be amended to make such insertion or correction so as to comply strictly with the law and without prejudice to the rights of either party hereunder. 306. Dg plicate Originals. This LDA may be executed in any number of counterparts, each of which shall be an original, and all collectively shall constitute but one instrument, 307. Survival None of the provisions of this LDA are intended to or shall be merged in the Deed conveying title to the Disposition Area and the Deed shall not be deemed to affect or impair the provisions and covenants of this LDA, all of which shall survive the delivery of the Deed. 308. No Merger Notwithstanding the specific recital in this LDA of certain of the covenants and agreements which are provided for in the Deed or Loan Documents, each and every covenant, term, provision, and condition contained in the Deed or Loan Documents shall survive this LDA and shall remain in full force and effect, and no covenant, term, provision, or condition contained in the Deed or Loan Documents shall in any event or in any respect be merged with this LDA. 309. Severability. If any term or provision of this LDA shall be found to be void, voidable, or otherwise unenforceable, such term or provision shall be deemed severed from this LDA and shall have no further force or effect, and the remaining terms and provisions shall thereafter continue in full force and effect to accomplish the intent and purpose of this LDA to the fullest extent possible. 310. Termination of Prior Contract The City and Sponsor acknowledge and agree that the Prior Contract is hereby terminated. [REMAINDER OF PAGE INTENTIONALLY BLANK] -5- -�l IN WITNESS WHEREOF, this LDA has been duly executed by the parties as of the date set forth above. CITY OF BUFFALO By: Name: Byron W. Brown Title: Mayor of the City of Buffalo ST. JOHN TOWNHOMES, L.P. By: ST. JOHN TOWNHOMES DEVELOPMENT, INC., its general partner By: Name: Title: ST. JOHN TOWNHOMES HOUSING DEVELOPMENT FUND COMPANY, INC. By: Name: Title: ST. JOHN FRUIT BELT COMMUNITY DEVELOPMENT CORPORATION By:_ Name: Title: m STATE OF NEW YORK COUNTY OF ERIE SS.. On the day of September, 2006, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public - State of New York STATE OF NEW YORK COUNTY OF ERIE SS.. On the day of September, 2006, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public - State of New York STATE OF NEW YORK COUNTY OF ERIE SS.. On the day of September, 2006, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public - State of New York j -7- 7� STATE OF NEW YORK COUNTY OF ERIE SS.. On the day of September, 2046, before me, the undersigned; personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public - State of New York -8- LAND DISPOSITION AGREEMENT Between CITY OF BUFFALO, ST. JOHN TOWNHOMES HOUSING DEVELOPMENT FUND COMPANY, INC., ST. JOHN TOWNHOMES, L.P. And ST. JOHN FRUIT BELT COMMUNITY DEVELOPMENT CORPORATION Dated as of September____, 2006 Section/BIock & Lot Address 111.24 -3 -27 163 Maple Street, Buffalo 111.24 -3 -28 165 Maple Street, Buffalo 111.24 -2 -13 168 Maple Street, Buffalo 111.24-2-12 170 Maple Street, Buffalo 111.32 -3 -21 65 Mulberry Street, Buffalo 111.32 -3 -22 67 Mulberry Street, Buffalo 1 11.24 -8 -19 69 Mulberry Street, Buffalo 111.24 -7 -23 97 Locust Street, Buffalo 111.24 -7 -24 99 Locust Street, Buffalo 111.24 -7 -25 103 Locust Street, Buffalo 111.24 -7 -1 821 Virginia Street, Buffalo 111.24 -7 -3 76 Lemon Street, Buffalo 111.24 -7--2 78 Lemon Street, Buffalo 111.24 -6 -2 58 Orange Street, Buffalo 111.24 -6 -1 64 Orange Street, Buffalo 111.24 -2 -7 188 Maple Street, Buffalo 111.24 -2 -6 192 Maple Street, Buffalo 111.24 -5 -24 123 Locust Street, Buffalo 111.24 -5 -25 125 Locust Street, Buffalo 100.80 -6 -36 241 Maple Street, Buffalo 100.80 -6 -37 243 Maple Street, Buffalo 100.80 -6 -38 245 Maple Street, Buffalo 111.24 -5 -19 88 Lemon Street, Buffalo 111.24 -5 -18 90 Lemon Street, Buffalo 111.24 -8 -2 98 Locust Street, Buffalo 111.24 -8 -1 102 Locust Street, Buffalo 111.24 -8-20 73 Mulberry Street, Buffalo 111.24 -8 -21 75 Mulberry Street, Buffalo 100.80 -6 -20 202 Mulberry Street, Buffalo 100.80 -6 -19 206 Mulberry Street, Buffalo 100.80 -6 -18 208 Mulberry Street, Buffalo Co" unty Erie RECORD AND RETURN TO: Michael A. Piette, Esq. Jaeckle Fleischmann & Mugel, LLP 400 Essjay Road, Suite 320 Williamsville, NY 14221 3014376v2 r /6 1 SUBORDINATION AGREEMENT THIS AGREEMENT, made as of , 2006, by and between MANUFACTURERS AND TRADERS TRUST COMPANY, having an office at One Fountain Plaza, Buffalo, New York 14203 (the "Lender "), CITY OF BUFFALO, having an office at City Hall, Buffalo, New York 14202 (the "City "), ST. JOHN TOWNHOMES, L.P., a New York limited partnership having an office at 184 Goodell Street, Buffalo, New York 14204 (the "Partnership ") and ST. JOHN TOWNHOMES HOUSING DEVELOPMENT FUND COMPANY, INC., a housing development fund company organized under Article XI of the Private Housing Finance Law of the State of New York, having an office at 184 Goodell Street, Buffalo, N.Y. 14204 (the "Company" and, together with the Partnership, the "Mortgagor "): WITNESSETH WHEREAS, the City, the Company and the Partnership are parties to a Land Disposition Agreement ( "LDA "), dated as of August , 2006, pursuant to which the City agrees to convey to the Company, as non - iinee for the Partnership, the property described on Sc hedul e A attached hereto (the . "Property "); and WHEREAS, the LDA provides that title to the Property will revert to the City upon the occurrence of certain events more fully described in the LDA (the "Reversion Rights "); and WHEREAS, the LDA provides further that the Reversion. Rights shall be subject to and limited by, and shall not defeat, render invalid, or limit in any way (i) the lien of any mortgage held by a holder which is approved by the City, which approval shall be evidenced by the City's execution of an instrument (each, a "Subordination Instrument ") under which the City's rights and interests and the Mortgagor's covenants under the LDA are subordinated to the lien of such holder's mortgage in the event that the Mortgagor ceases to hold title to the Property as a result of such holder's exercise of a remedy under such mortgage, as defined below, or (ii) any rights or interests provided in the LDA for the protection of such holder of such mortgage; and WHEREAS, the Lender is the holder of a certain Note in the amount of TWO MILLION, NINE HUNDRED THOUSAND and 001100 DOLLARS ($2,900,000) (the "Note ") executed by the Partnership, dated as of , 2006, which note is secured by a Mortgage (the "Mortgage ") on the Property, from the Partnership and the Company to the Lender (the "Loan "), dated as of , 2006 and recorded in the County Clerk's Office on 200_ in Liber _ of Mortgages at page ; and WHEREAS, the City has agreed to execute this Agreement, which shall be deemed for all purposes to be a Subordination Instrument as described above. NOW, THEREFORE, in consideration of good and valuable consideration exchanged between the parties, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: By its execution hercof, the City hereby approves the Mortgage. 2. The parties hereto agree that the City's rights and interests and the Mortgagor's covenants under the LDA shall be subordinated to the lien of the Mortgage. 3, The City agrees that the Reversion Rights shall be subject to and limited by, and shall not defeat, render invalid or limit in any way (a) the Iien of the Mortgage or (b) any rights or interests provided in the LDA for Lender. 4. (a) If a default (an "Event of Default ") occurs under the Mortgage, or any modification thereof, and the principal sum secured by the Mortgage and evidenced by the Note becomes immediately due and payable, whether by acceleration or otherwise, and Lender does not then or thereafter expressly waive the Event of Default in writing, and Lender forecloses the lien of the Mortgage or obtains a deed in lieu of foreclosure (collectively, a "Foreclosure "), then: A. the Property shalt, except as expressly provided below, immediately and without further action including, without limitation, without the execution or delivery of any further instrument, document, or agreement) cease to be subject to any and all of the terms, covenants, provisions and conditions of the LDA; and B. all of the terms, covenants, provisions and/or conditions set forth in the LDA, except as expressly provided in subparagraph (b) below, immediately and without further action cease to be applicable to Lender, any successor, assignee, designee or nominee of Lender, or any purchaser at a foreclosure sale or anyone taking title by a deed in lieu of foreclosure, or any successor in interest thereto or to the Property, and shall no longer "ran with the land." or be deemed to "run with the land ", and same shall be null and void. (b) It is understood that the provisions set forth in this Agreement are intended solely for the purpose of defining the relative rights of Lender (and its successors, assignees, designees and nominees) and any purchaser or transferee of the premises upon. or subsequent to a Foreclosure, on the one hand, and the City (and their successors, assignees, designees and nominees), on the other hand. S. City shall promptly execute and deliver such documents, instruments, agreements and further assurances as may be reasonably required or desired by Lender to evidence, confirm or effectuate any of the provisions of this Agreement and the transfer of the Property pursuant to a foreclosure sale or deed in lieu thereof, including, but not limited to, an amendment to or termination of the LDA in accordance with this Agreement. 6. All notices or other communications with respect to the subject matter of this agreement shall be in writing and shall be deemed to have been given when sent by certified mail, return receipt requested, to the parties at the addresses first set out in this Agreement, or at such other .address of which the party to receive such notice shall have notified the party giving such notice in writing, except that any such notice of change of address shall be deemed to have been given when it is received. 2 7. This Agreement may not be amended, modified, waived or rescinded in whole or in part nor may any other action or consent be given unless it is in writing, signed by the appropriate party or parties and delivered to all the parties to this Agreement. 8, if any provision of this Agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby and each provision shall be valid and enforceable to the fullest extent permitted by law. [REMAINDER OF PAGE INTENTIONALLY BLANK] 3 �o IN WITNESS WHEREOF, the parties have each duly executed this Agreement as of the day and year first above written. MANUFACTURERS AND TRADERS TRUST COMPANY By:_ Name: Title: CITY OF BUFFALO By: Name: Title: ST. JOHN TOWNHOMES, L.P. By: ST. JOHN TOWNHOMES DEVELOPMENT, INC., its general partner By:_ Name: Title: ST. JOT-IN TOWNHOMES HOUSING DEVELOPMENT FUND COMPANY, INC. By:_ Name: Title: M �3 STATE OF NEW YORK COUNTY OF SS.. On the day of , 200, before me, the undersigned; a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public - State of New York STATE OF NEW YORK COUNTY OF SS.. On the day of , 200 — , before me, the undersigned; a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public - State of New York STATE OF NEW YORK COUNTY OF SS.: On the day of , 200 , before me, the undersigned; a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the persona upon behalf of which the individual acted, executed the instrument. Notary Public - State of New York 3014374 II f (QUITCLAIM DEED THIS INDENTURE made as of the day of , 2006 between THE CITY OF BUFFALO having a mailing address of 65 Niagara Square, Room 901 Buffalo, New York 14202 party of the first part ( "City "), and ST. JOHN TOWNHOMES HOUSING DEVELOPMENT FUND COMPANY, INC. as nominee for St. John Townhomes, L.P., having a mailing address of 184 Goodell Street, Buffalo, New York 14204, party of the second part ( "HDFC "), WITNESSETH: That the party of the first part, in consideration of Thirty -two Thousand and 00 /100 Dollars ($32,000.00) lawful money of the United States, and other good and valuable consideration paid by the party of the second party, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, that certain improved real property described on Exhibit A attached hereto. TOGETHER with the appurtenances and all the estate and rights of the grantor in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the grantee, the heirs or successors and assigns of the grantee forever. THE CITY HEREBY COVENANTS AS FOLLOWS: a. That the City is seized of the premises in fee simple, and has good right to convey the same; b. That HDFC shall quietly enjoy the said premises; C. That the premises are free from encumbrances except as aforesaid; d. That in compliance with Section 13 of the Lien Law, the City will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. CITY HEREBY CONVEYS the above property pursuant and subject to a Land Disposition Agreement, dated as of September , 2006, between the parties, which provides, in part, that, upon the disposition of such property by HDFC, title to such property shall revert to City, unless: a. Such property continues to be used for the purposes of housing by the grantee; and City approves such disposition of such property. [REMAINDER OF PAGE INTENTIONALLY BLANK] IN WITNESS WHEREOF, the grantor has executed this deed the day and year first above written. THE CITY OF BUFFALO By: Name: BYRON W. BROWN Title: MAYOR OF THE CITY OF BUFFALO STATE OF NEW YORK ) CITY OF BUFFALO } SS.: COUNTY OF } On the day of , 2006, before me, the undersigned; a Commissioner of Deeds in and for said City, personally appeared Bryon W. Brown, Mayor, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. COMMISSIONER OF DEEDS 3 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: August 10, 2006 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Executive Directo 000 : 1 SUBJECT: "Use of the Innovative "SEGWAY Human Transporter" by the City of Buffalo" PRIOR COUNCIL REFERENCE: (IF ANY) [: Ides #162 CCP July 25, 2006 TEXT: (TYPE SINGLE SPACE BELOW) As requested, the Office of Strategic Planning has reviewed the resolution referred to our office regarding the the use of the SEGWAY Human Transporter including all attachments. Following review of the product information, it has been determined that the SEGWAY Human Transporter would not provide any savings to the Office of Strategic Planning due to the limited number of field staff in our department. REFERREb TO YH E COMMITTEE N FINANCE. DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE. OF DEPARTMENT HEAD: Councilmember Thompson took his seat at 2:05 ( 14 FROM THE COMPTROLLER City Clerk's Department BUFFALO September S, 2006 HON. BYOWN 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. 13 PASSED September S, 2006 Interfund Cash Loan ($60,000) Gerald A Chwalinski City Clerk U3 2 83S 100Z 'polo K ilk �=1 l ,o SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: August 3, 2006 Em FROM: DEPARTMENT: Audit and Control /Comptroller SUBJECT: j:Interfund Cash Loan it 004 �) I� C� C= PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx, C.C.P. xx /xx /xx) Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. 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 $90,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 2300 -NYS Special Revenue - State Program GRANT TITLE: Juvenile Accountability Block Grant - Youth Impact Project JSO4- 1000 -D00 GRANT AGENCY: New York State Division of Criminal Justice Services GRANT AMOUNT: $150,910 LOAN AMOUNT: $60,000 Estimated Date of Repayment: March 31, 2007 Signature of Department Head Requesting Interfund Cash Loan Otis Barker, Director, Youth Bureau �. SIGNATUR P DEPARTMENT HEAD TITLE: Co troll Andrew A. SanFilippo M :11FCL1.doc Mr. Bonifacio moved: That the above communication from the Comptroller dated August 3, 2006, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to 2300 — NYS Special Revenue — State Program in the amount of $60,000 for Juvenile Accountability Block Grant -- Youth Impact Project JSO4- 1000 -D00. The loan will be repaid at date of reimbursement. Passed SEA' 1 8 2006 13 PJS: rmv t: wp601msword\mtvl l 3c9 -5 a.doe ii *AYE* NO * BONIFACIO * '� * 9 0 DAVIS * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [ ------------- ] [ MAJ - 5 1 [ 2/ 3 - 6 ] [ 3/4 - 7 * 9 0 City Clerk's Department BUFFALO September 8, 2006 HON. BYOWN W. BROWN MAYOR OF BUFFALO I0»:1:�yf:7i Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 14 PASSED September 5, 2006 lnterfund Cash Loan ($10,000) Gerald A Chwalinski City Clerk 9 i .z Wd 8 1 d1S 9002 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: 000014 DATE: August 23, 2006 FROM: DEPARTMENT: Audit and Control /Comptroller SUBJECT: [ :Interfund Cash Loan (61o, oor) G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) 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 $10,000 as needed subject to your approval. Loan is payable at date of reimbursement, FROM: 1000 - General Fund TO: 2300 - NYS Special Revenue - State Program GRANT TITLE: City of Buffalo - Healthy Infrastructure for Queen City Livability #0049904 GRANT AGENCY: New York State Department of State GRANT AMOUNT: $36,500 LOAN AMOUNT: $10,000 Estimated Date of Repayment: March 31, 2007 Signature of Department Head Requesting Interfund Cash Loan Timothy E. Wanamaker, Executive Director, Strategic Planning SIGNATURE DEPARTMENT HEAD TITLE : Comptroller Andrew A. SanFilippo E:IFCL.doc r� Jt Mr. Bonifacio moved: That the above communication from the Comptroller dated. August 23, 2006, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to 2300 — NYS Special Revenue -- State Program in the amount of $10,000 for City of Buffalo — Healthy Infrastructure for Queen City Livability #0049904. The loan will be repaid at date of reimbursement. Passed SEP 1 8 2006 14 PJS: rmv t:wp 601mwordlrrnv1146 -5 a.doc *AYE* N * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK * KEARNS LOCURTO RUSSELL THOMPSON [___- _ - - -_� [MAJ- 5] * 9 *` 0 # [2/3 - 6] $ [ 314 - 7 ] #1 (Rev. 1193) o SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: DATE: August 22, 2006 Audit & Control Comptroller SUBJECT: [: Request Approval to Submit a Supplemental Difference in Wages and Comp (Parker)] PRIOR COUNCIL REFERENCE: Item #53, C.C.P. July 25, 2006 TEXT: The supplemental payroll request for a differential in wages and compensation (Parker) referenced in Item #53 of the July 25, 2006 CCP, was received by the Audit Department and paid as a lump sum on 7/21106 per our contractual obligation. OVED AND FILED Department Head Name: Andrew A. SanFilippo Title: Cow tro r Signature of Department Head: #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: DATE: Aug. 23, 2006 Audit & Control Comptroller SUBJECT: [: Use of SEGWAY Transporter PRIOR COUNCIL REFERENCE: Res # 182 CCP July 25, 2006 [ TEXT: A review and feasibility assessment of the "SEGWAY Human Transporter," as called for in the resolution, makes sense strictly on the numbers. If we can save money on these battery - powered units and still get the transportation service we need, then we need to consider their implementation. REFERRED TO THE COMW ON ML. Department Head Name: Andrew A. SanFili o Title: Signature of Departme f I �r 15 FROM THE PRESIDENT OF THT:; COUNCIL, 0000 DAVID A. FRANCZY PRESIDENT FILLMORr DISTRICT OF 1`11L COUNCIL M> ivrsrR BUFFALO COMMON COUNCIL 65 NIAGARA SQUARE � i t 13x5 C FY I 13UFFAI.0, NY 7.4202 -3318 (716) 85 -1 -4138 FAX: (716) 85 "1 -4869 E-mail: dfranczykC ?city - buffalo.coni City of Buffalo Website: wsti w. city - buffalo.conl August 31, 2006 -- ' 4 To the Common Council 'k Dear Colleagues: Please he informed that pursuant to Article II, Section 337 -3 b City of Buffalo Preservation Standards, I am appointing the following people to the Preservation Board: Cynthia M. Van Ness, 464 Norwood Avenue, Buffalo, N.Y. 14222 (see attached resume); Paul J. McDonnell, AIA, 82 Allenhurst Road, Buffalo, N.Y. 14214 {sec attached resume); Ms. Van Ness and Mr. McDonnell replace Alison Kimberly and Dennis Masters whose terms have expired. Respectfully submitted, /avid A. It ranczyk Council President REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS 82 Al.LENHU"T ROAD - BUFFALO, NY 14214 PTIONF 716 835 13815 f -MAIL Pi41CDONNi?LL (X13CJ1�f�ALOSCI3C3O1�S.t)lt(; PAUL J - CDONNELL AIA EDUCATION 1982- 1986 State University of New York at Buffalo, School of Architecture and Isnvironmental Design Master of Architecture 1978-1982 State University of New York at Buffalo, School of Architecture and Environmental Design Bachelor of Arts, Cum Laude, Environmental Design and Planning 1975-1979 Saint Joseph's Collegiate Institute, Buffalo, New York PROFESSIONAL E'XPERIFNCL? 1995 - present Buffalo Public Schools, Division of Plant Set and School Planning Associate Architect, responsible for Planning, Maintenance, Rehabilitation, Construction and Maintenance of Buffalo Schools, including Project Management of schools included in the $1 billion JSCB reconstruction project. Liaison between die School District and the State Ilistoric Preservation Office (SHP(..)) 1989 — 1995 City of Buffalo Architects Office, Division of Buildings, Department of Public Works Senior Architect, responsible for Planning, Maintaining, and Construction of the approximately 180 city -owned buildings 1986-1999 Cannon Design, Grand Island, New York Designer ADDITIONAL PROFESSIONAL ACTIVITIES American Institute of Architects, Western New York Chapter, Board Member Campaign for Greater Buffalo history Architecture and Culture, Board Member and tour guide PRO1 7 11,,SSIONAL.. MEMBERSHIPS American Institute of Architects (AIA) National Council of Architectural Registration Boards (NC.ARB) ACCREDT'1'ATIONS Registered Architect / New York State 1993 AWARDS RE"GF, VED Stewardship Award, Preservation Coalition of Frie County, 1999 C y is T H j A Al V AN 00 1,03 0S � ,1 ,.6 , q, Nor Aveniae Buff alo, NY 1 4 222-1 1,904 , 7i 6--884-.o646 bet(ybarcod c(y?yahoo.com Onner: Are 1RA School SQ101armit, Univl�',rsity of Virgilliii,-ow6 for Winner V%Lem New lawk 1 Mary Resouirces Council Professional Development GI 2oo6 Honoree: [.(wal f 2,00S. Amold, Sarah, "Mcal Heroes.- A Half-Dozen of the Many Individuals Who Make a - , in ffiiiTal(t." ArivoLc_e, August 2�j, 2 ' , . ) ()5, 18 Merim APIAntee; Architectural Board of the City of BuffalO, 200r, WAR lo MA reservid ion QW011 Of Ede CAndy, 2002; member of Executive Director Search mulAUN; I eporn electe(l SecreLary of t1u; Board, mo, 4; elected PresideiiL of the 11MOt 20010007 Ft - 4,1 Zof i0 - TIQU d, Dbine Marie ai MAL Crd A., "Training M.L.S. 31 adents to Catalog." Qorylvaters in 2 ) 03 22-,- 5 W USA US U lh`ailtihr. j ITSOUrce at the Rate Universi4j of IVew York (it 140no3 ve MilardmAl Amns Associaiion 2003 Mod to smve a s Mmumpy chiai.rporson of Porch and Garden Tour. (ton "MADAM: FyceSkellOpsR, e . B BUMA NY, NIQ 7, 2002: 101 interviclum Tlau mill" ..Nnna Comminno "Arrested 1 - - ,)evelorn - nent: The Key to Buffalo's Slagnatio i." Buffak) - M - T ��3 � �j - l3 Mature arkele: MR, PKV "iiuildir. on flhie Past with a Web site, at Elook, and a Library,Job that liars her o the CAM;; Age of Bulf Mo rk% InThia 1% N ess Sham her PassAn. for the Ci[y's Future." Ruffalo Nimv-, NV% (Nmo ber s 31, 2000: , ( Q-12 I - �j inn erviumm sch,?IJl i, Jane, 1 �0\-Vncrs W-ant to •"Im"V: Who Built Hie House?" WhImAirNt of ME& AugLIS1. 28, 2000 o the Histom of dhe - Inner Harbor, SI)ring 2000 1 - 1 , - ) , ti Flected Phi 14 u Mr Or `ii_ MY, 1 994 Winner: Baker Sr TWO Books/ New York 1jbn, Assc�rciatjori [NY!-kl New Members Found TaMe Chamrmm Grant, 199,� Momich & Social -Nem Depa BRuffalo &Fy.ie County to jlre R(,vide &Tcusmi U av-, 8 Lo Patrons mph inquNks on all asq)ects ofthe humanities: aft,"', litCraure, rern- -, language, AN Migion, philosophy, entertainnienL, sociology, recreation, law, education, geograp Mavhle LelelTo-i cep -nrtac. to if' ons S factual or brief "fill uirics on all subject inaiter. Re: >tX> n Ab le C;- i`.C)1`- .=.Th0 t d=_',1't'hq3t(xvatt in the ifa'(_`ic C)i ;C3£,L(.)IOgy, lanypiages, EOIEIg11 fTC:t:1C3n, and LFlgl1;ah as a scc,ond. ^ z,i c z : '. ,,ttb tf L €)CDt31t; C hit'it% CUlitlibute to digital pr()jects. Train publie services staff on ( )]I�` j te'a "i on Outreach C o 17ilit.lee and'I'echnology Services Coin iittF'e, 1414.1 !,Special ChAlectia is Dt°parbreent r ono ffie Gr€ socrioy9 Booze, BqOWo & Erie PI vi"I : k ol pl - Ionq imm _l, a'illa and ii`i 1'c.Pr€ nce service to patrons with genealogy, local history, and 1.<t p°i eka _ i 7i idric s li ?('iudi g tho me of (`,C',: sla ses and ccn ill � 7iid ices 9 passenger list indices, civil war int.ister mlin c - €s€a? t'.l and ue n l eWry i(; €'.( rd% Whom i1 apq topogrE11 ?1 Il aps, newspaper and periodical indices, onfi e, -nd ("�-d ematt gq cE)Iii1)lt €d gi'neali)gies, Fuynilil S%'(L1'ch CM 1 1ROMs, and 11'cbsites, WsponSIl>le for if3lI gat }Yl d s e It1h7 >umt in th areas of local ziT €'11Itecture and h1tory, imps, and C %c r tbal 'files. Designed and delit"s',1"(.0 C'tI'.ta )i' A1i ati< fE3 ns and gC1I(21R}t'_ical or local history t.rog Alas for con n111II11ty f.',roUPS. ResaiT'Ched, CC)i1ll: ?:lst , CI( sigfied, alit l edited bibliographies and finding aids, [sec', Rt', L u bliu: tions Served on F"ICell is R'C` o" -:,s C on - ini it ce, Governinent DC)Curnenis Conirnitte€3, and Rcinote Reforence C(3I13mittee. a d a t tC�ir ?tict Wkyame and' i pel 7"J"c e,i..C.(:.`;-.'i €e tt, patrons of di verse backgrounds, PeT%ned (',OIIE'et on MeMprM Ws RY til'I, ta ill € slim ; n C313if {:'. t:ijtleUim; and f3l" smi C €, lection. Designed, scheduled, and d l iLen I [w oI n ;andl fi_ogr ai.l]S. C ie.t. =.l (t c((1Cl >Lll ?E',l'Vi C£1 page, staff. s .. nnIq su c9 9j a 7 � A ro icic d l - etep .t,73e ala _ p rso _ vd"Cr eiioe service Whei y si..dents, and staf . Hired, d, trainuu, supervised, alld (,"'actuated .'_ i.ti ) ?:i..I�t_.;,tS: S: €f e ivissod circulation, reserve, € nd stack functions. Designed Signage, 5 Hierr labels Laic! K im. lil. li € tuft m of CIrcu atit.n/lI ;sere Cotrinilttee. . ochesie = r%rl7 JI � pie L ibrary, v986 - i994 i3i' 3 C)i'iCl 1._c i' * Wi and It? 7wi40 =i 7'C [C:; (ii L'. 5C'1'E "C'.e to s) l[.PC)71fa with visual ililC] 3Gi' E}ll7iillg ciT t - 1 "t,lilt0 :I_F'e el trained, and supervised P'L - , I uu c Collection stalt�, Revised and edited Picture Co ilec[ioi c }I ) :' '. VAX, X, dollh t4' [O 3` 0 pa€yM; expx Anding sul1jeCt headings and subdivisions and cross rt rc PO !�. - ic.-nd d CoritiilLiS.i1g C?dIkcatio - in workshops on various aspects ol and book (_ {,;tuC'lv elriCJi_ ; ,)t.: -,... dka c:m)f'' (i_i "alr xt7E;II`Sii e >r L4C, =`tE3t_oli liis"ilstli'es for r he , P:1Ctilze C..c)Ileetloil, I7i{337t;E',mCI all un?.capsula ,t,? jm)gyani. Jilt e as president of the `:71)C'tt&KtaffCor unittec, 1985 - 1986; produced the Eliiiz[.tiil SM E.(s . €`.i _l, €'Ii,, oc) and dusigneEd a SE:2Iff Rc.E;ognition Program proposal. CO-PA 4. _Sri 3n z 5 . f_ rs i� fSYr. r' D ? S p Queerl CQ: x i ,, (,L) f1)ilx3€fC:('t I(. -I< da nce i_' €)rg_1T" Oaf1C3.., SjJC,c3dii :Ili 13'_ t.J1` €,13€lclilil - StjW C£)iitla drii1C',e. BE) ©I{$',CI halls and perf()I n "O'r _ (; _i i nd di t7 'l ute- 1 press releases and fliers; €lcsi and mainLallled OI'€;anizationa1 w sit€ , C1'(:ill.t;'d in adhi ist s, fi' rlite(f 1'i? unt"',er"'; Clleenctg.'.Ct lmll (Mring (�r1Iice j <1I1C1 occasion Sf',Tva'C[ ils'Li€ ii 9Lli'E T, SIRS-' Unicorn, :`' } ill_3W Services r aining Co Hilt o� ) it�C �o F and f !'iE' C(3tif1 l ub Way [B';.CP I TC',C:17F1olog`g% SC'_7'E'l.ce s CoilirnitLeC, 200,E t0 P-005 BEM IL tlgam] k :' € }teC:4 .€:cll - C7 s Sf)1'lilg 2000 BEC:YI_, a.ntern{. r Fall i q;8 NT. Windows Oil? iM s Off co A T flow c >'� Ebsco r t - 1 d i- C. .pct � C.ui , 34i.`uc:_. s -` I.e e a i. =4. -f.,do in your t Ililti UsC ' °` Th � 3'e)�_l� i�c)�sL it' i4 I' �'. 1 no. 2, Spring 2006: 23-25. IMIc u) Janc - Bufl'ado. NY,Tlvlay 2006 lyoum and Pand 10cusnion: "Math and U0 of Greahbnedcan Mies" Afty( lllai'q gurcflt ( 3ceki'vice t, Boafi'alo, N Y ., FQbi axy 2006 lachut: 9he Webas a Buffialo Historical Archive" PresevvZon (A)MM of MeC.o Buffalo, NY, Oclober 200 becttn'(�: "I" he 1',reseivation We!): lishig the Intiernel. for Resow Networking, and Hellraising" Preserval ion (NaMon of Me CNAndy, BuBblo, NY, Sun 200,5--2oo6 V1,t {31'1 €Av4v "13u.Lty -Borcode'l"Als -MI: Thc S,''ereis of Researelhh)g Your Personal Landmaj New Yc�rk S[.coi c willter Leadership Conference, 13"uffalo, NY, M.-arCh 2005 Workshop: " Pircservi rip, a Local History" Buffalo and 11'.i-e ClourAy is to Soday, IDEA, IQN� 14MVh 20015 Lodum: "Women in BuMdoW Maoq` AM Amhatolure Mter, AM!% 11Y, DceembCr 200/1 ".Hou (, III is- ory t seamh in 45 MuWs or UK Betu Phi hJu, An!)U�11 'N"M PV!i; nnnber induciAn Meeting, Buffalo, NY, November 2 and Vic Whan Soddy hi America, Annual Meeting, Buffialo, NY, Tvlay 200 BanqueApeaker: "M lbeir D%vri Words: 1""irst Person Awounts of MR& in the 19th (TrAury' X Yol'k Cwneahly and )Ogrally Society, Amnual BMW& Buffalo, NY, September 2, 03 Worksimps: "Miat is and Is Tht OnUne Or Buffalo Research" and "Special Collections/Grosven)or Room: A Vidual 1bur' Nv Lbany Awwxhai.on Anim Co DCO, NY, October 2002 Panel Prevad o BuMo and Edc Count - v PulA Libraryq BulTalo, NY, 2002-2003 Wonkshopl. "O Wesl ilk York Ubraq 1' Zcsources Council, Cheekto d'' May May 2002 Work,-,Jhop: Mho%,Qvid of thic Big, fl ad Ccricalogist?" TaTUAth CMIAIJ 1(11111b. Buffalo, NY, April tool. Speech: f'VVhat . Lowned About Mnnen in MAN ALwhiteaund History While Writing Victorian Buffalo" Grayelif fCotnT->tn vancy, Derloy, NY, klay 2000 PrwenwOow "Frank Uoyd VV&ghi at th. 1 f. Public Library" Landlinnrk (A the Magara T NY, April iggg Proson[all-ion. Ahe Moss of 1 fistorjeflreseirvaLiun. Docwnej.-Azxry Res-2arch" western Now York !G'onc;,30o, N Y �f C 8 2(10 3oeicty, Bilffid N .9) o Various, proseffl aHons. 111resivy- 100wice Deypeio M Libi-ar-p Scie and v.-V I I I a umm a Sch ms' ol'Iny"o rination Library Stud des, Buffalo, NY 011iversiLy 't H -- Now" reilon School t4 Me UnheM) of Nelw York/ E,nnitpire State, Coll b�ge, Gcnesce Valley Chapter, Rochester, NY progrf'vn hwhuLdprculQuins at the RoMester Musewi and SKwwe the Mfefnoriul.Art 1,3� a - ' h , 4 L�1 -�' S../I 2C� t� � € - ' . 5 1 J�1,.€�L .1S - 1Coi p sho pa Vr✓F/it ) -1 p : i ` Sn. L�: p _';I;4��' i' Io ml z, I'L QL ostii)i1s,, I re'sCr1 ation Coalition ()f f "ri ', Fount}. March 2006 t u I 5 ,1 °lc ( {) ,I ? t 1 s l ?' f I1 I€ �!r 3) €'Ci O_E N stil k Stat S�''I'acusc, NY:.S'�'1`c`1C11` University Pr e&, , (C)2 0 j tii 7:Ht 1?CYC IC r7(',V s-syT�edi.:/ j scar ebiji s zc di.l�I - ar y tl ect. [3 # alo Ie��� orlc: Ott {i'alo ajlcl Rric Couf.nLy f'LII (i€: Library, 2 004 , tLi Fei #3 � r _ f il� j t(1cFlC} lr2fC:[.t€ j€.IIC', "00. pj "l ` >t` Of 1t(tI):�l 1'1 S. If I_11(1 re s at ip Ii. c,oi? / 1_eb iitL`Ix.l_i'ttll -� "In ['a - rcIl of � �3 If t« lf) `'r I'II.�i Profelssi( nal �1i4�aI) 1�I11 i'li<il2 L�ICiIIIi'CL h fit° J; 3f lF �`liF k.?1.Li � !4 4 Ian r i. s : F a(;F! C(:u ��I� LA1br al �� uc`.IE'.Il C`.C C k L.est..l, i D aly jtl L��.'ys October �ll, 200 r-• } E�� �.}`7/ 3 ' lit o ! `_.. sIIan -u,l<. rSt_. yI1] + (',i 3. <`)C�' ° El . ,C1. �i';L €;tICS Wr 1 €)Cal l ifislory Collection 'DeveIC')1)l71ent, FGS For um, SII IDIC..i' 2 ` > „ -` 4 Ittl F I f tiffs i ti`! s!(- '.fII'Cif.L(li3Ft4 S car Form. I.r lliTll � ttE)C: I1)1.? i Cei'Ll?, Noi _'.€iS a l)ij1tL`ai ties in Buffalo 'vGbtspapeN, Western New Y ork C"E nealf) ica Soc iety _ .I()L?I'IUUt EILIIIr,v 20001: t �I y 5 Vic torian 3 Iiil Exi3 'a_� the ""OlI1 � Buff alo and i',i`Iu CoIICIIG� .C blic LI�3I`�T'v. Buffalo, New York: Western NlE`w Ii U) , f �1 t1_i'1 is )oks.j;C71I Ajetoriall.11trill I 11 € - -i : U pstj ay B €,'.t1LLfLL` d _` f Gi1lima, ' ji ti' €)ICC SE,°1.)ICII ber t6 99: 16. tj.)� d' C'Fl il� !sii ?y {1 ? -' ;'i aSL Is_io. `�cl' t C : sl 11C 1i1�� 1;' But - JUlo, Ne � Y�uff to and Eric County Public � I��til lei[ }i'• __ " The 0 , - C u osit.v S. fop ` ' lfffal( PI'i°,5eivatiop Report, ju - ir c. -Ju1V € t 6. 6. I._ 11C�i isJ_ t�.=< 1:. 1 7i' IF.. ��. t) ijl. i. frsyj�l�f� wlt .����:3�£i'[I�I�A]allrEll�s`�1 I . M 2002 k) I3I'C':i mt €`Jl[l ltalol ; _ci_C' 11_Ct3A? "ii i ?(3i " #`Cle C1,r11- hia"s ,,.iF:� _ i)`Lt1 !) it� s O1i U1 -C, ure, blusinesses, genealogy, felimi, It12Cges, 1 ?mps, (ind te t il fOr �!if; }S a e oldest portion, Roots, was fC:P11ided in i993 and is one of the €)iffiest CJene(T ogy 2U€;'f3�tIC'.:= �J( �iZ��J ..tt3lcAi'IciLI� t Syi;C.IcIt. C.iI3, a t)£33 to prIe`enii aaa.�..�. -.Y�a e.r,.vsT._..� _r<.a,_:,� - ;.. ✓- ..,.a;._�W.s�.e_ - _: . ;. �s�r- rs- �. ari asa..: rs.: _�ss.�.�e�s_-,�r���- �-�,r -ter: = = 'a ' c� r_t: ` ELl g : 1i(�•`_Li1 €Cw:C't.9'` .. IfLI_'t {.'_ €l r g F is ? " €ifllC.�)i�3 U Whem Ind 1 No mnVAT IWI tlWlayc Gule Ail (inter QU carators, preparalors, I I I - .-. f i I t I oji,a w5h vshibbim memM ond haudbihm. a (101FIMMING jKlKMIMOIDN' and WcsLerji Woul Hammms Council, Chcektowaga, NY, October 20Q "Archives ajid, A. and. Descripti(. workshop Western New lhi_' i 1-Jibl'ary Reamms Couned, Owekhmaga, NY, Septe117bei'2003 'Ask a VVNY 11marian" chat 1r,'IiIIhIg MR& and EQ Count HAWrind Soddy, MOW, 5114 FaR 2002 and Spdng 200 "Mml of Maio and 'KcsternINIew York" sen-linar, parts I and 11 US Ontario Mchives CoMmmc, BuRalo, M%lane 2ooi and hlhaca, NY, JUTIC'. 2002 Foll coC)fercl"Ce aUendlancc Wo- M. ork f.ihrary Re•ourms CoundL Clwcllkwwaga, IN Y, Novembei.- 2000 'V, of Youir ;?I Collection" WderoMmi o0wealgical Sode[ies VIII ial Conferenec, Rock ester, NY, August -.996 Fial Coid"crenec nUcend"ar"c". Squeaky Whed/ HuOblo Mfedki R'C'SOL117COS, B-Liffalo, NY, 1 NMI, INVOg VEI VIE!' T Abunber qlf�"' Ewa Phi hd a Buffdo and Erie Wnty 11fisioricid, Society Burchficki-Peimey.01 Center Lake Ontario A�-ehiw-�-, Conferi,mee Natio. Tmst for lli�� preservation lion C m of j�ie I - r o s c - i ­v a, L o if liio n Cotlfa�,F Preserva hon WIMUe of New York State SocieLy of G Roos�, laa Siw, Ji-M-1c 20OjI-: rbe Way W Wc S;..`,- Buffal"A -, P'ast" ME% and Erie Coun" MAIR Library, Rare Book Roo.m and X'ImRTwain Room, 2004 "Buf114Ys Radi, Sireei. Phul, i804-2004: A 20oth Annivcrsar`} Exhibit" "Dear U. Love Letlers" "N, lark 'J't ant,'I Paperback ut" Gfio-si. -Sk)ry" "Firm Puldished in fhdhda" 'Wlafl, on rind 166snl` Restirne is 11 .,() online at: Itht tp: //wwv. ii)LiffLloresear( me, h tin I 000 DAVID A. FRANCZYK PRESIDENT FlLLMORE DISTRICT OFT] f E COUNCIL MEMBER BUFFALO COMMON COUNCIL July 25, 2006 Commissioner Joseph Giaan.bra City of Buffalo, Department of Public Works, Parks and Streets Room 502, City Mall, 65 Niagara Square Buffalo, NY 14202 RE: Fulton Street .Project Location: Fulton Street, and its environs, City of Buffalo State Environmental Quality Review Lead Agency Solicitation Dear Commissioner Gianlbra: 01, 1A 65 NlACAkA SQUARE 1315 CITY HALL BUFFALO, NY 14202 -3318 (716) 851 -47.38 FAX: (716) 851 -4869 E-mail: dfra.alc7,ykF <?city -bttff ilo.cozn City of Buffalo Website: www.city- buffalo.com As you are aware, prior to undertaking any Action, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. Your agency has been identified as either an involved or interested agency. The project, as defined by SEQR, is an Unlisted Action for which a coordinated review will be completed, As per 6 NYCRR Section 617.6, an agency responsible for detennining the effect of this project on the environment must be designated from among; the involved agencies within 30 calendar days of the date of this letter. The Common Council requests Lead Agency status for this project. The reasons for this request are as follows: This agency has the greatest capability for providing the most thorough environmental assessment of the proposed Action and is also the agency principally responsible for approving the project. The project Environmental Assessment Form is enclosed for your review. if your agency is an involved agency (as identified in the enclosed Environmental Assessment Form) and it has no objections to the designation of the Common Council as Lead Agency, please sign this letter and return it to the City Clerk, Room 1308 City Hall, 65 Niagara Square, Buffalo, New York 14202, Attention: Gerald Chwalinski. Any involved agencies may submit objections in writing within thirty days of the date of this notification. If no objections are expressed or no written response received within thirty days, the Buffalo Common Council will assume lead agency status for this action and will. make a determination of significance. Sin - erely, p C avid A. >vranczyk Council President Eric] 1005 1776.1 z July 25, 2006 Page 2 Department of Public Works, Parks and Streets accepts and approves of the designation of the Common Council as Lead Agency for the above-referenced project. A, 41 Agency of A6thorized. Representative EC,0�ffltffiTTEE ON FMANCE. 10054776.1 16 FROM THE COMMISSIONER OF ASSESSMENT AND "TAXATION City Clerk's Department BUFFALO September 8, 2006 NON. 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. 19 PASSED September S, 2006 Tax Cancellation 2006 -07 Gerald A Chwalinski City Clerk -11 e . ff It i (Rev. 1/9aj SIWLE PAGE COM MUNICA T i ON TO THE COMMON COUNCIL TO: THE COMMON COUNCIL 400019 Date: August 10, 2006 FROM: DEPARTMENT: Assessment & Taxation DIVISION: SUBJECT: [: Tax Cancellation 2006 -07 C� C� PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) Adjustments on the General City Tax for 2006 -2007 were made on the following properties (list attached) to provide for changes due to omitted or incorrect exemptions and assessment errors. I, therefore, request that a warrant be drawn on General City Charges, Org 17221008 Obj 480101 Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in the amount of $123,451.76. TYPE DEPARTMENT HEAD NAME: Bruna Michaux TYPE TITLE: Commissioner of ssessment and Taxation SIGNATURE OF DEPARTMENT HEAD: 2006 -2007 ASSESSORS CORRECTIONS ar r a,i PAY 1ST A ND0ND HALF TAXES 1 9 1155 AMHERST ST 05797600 $186.29 $186.29 EXEMPTIONS ADDED 1 7 21 ARNOLD 04362200 $208.49 $208.49 EXEMPTION ADDED ASSESSMENT 1 12 262 ASHLEY 09318500 $184.64 $184.64 REDUCED 1 14 117 AVONDALE 10855700 $241.06 $241.06 EXEMPTION ADDED 1 11 43 BRISCOE 08929800 $258.28 $258.28 EXEMPTIONS ADDED PROPERTY SIB ASSESSED @66% NOT 1 10 162 CITY LINE 07687500 $511.39 $511.39 100% 1 9 167 COMMONWEALTH 06257700 $563.38 $563.38 EXEMPTION ADDED PARCEL TOTALLY 1 03 110 DELAWARE 01413950 $34,596.08 $34,596.08 EXEMPT 1 14 76 DOWNING 11479600 $397.28 $397.28 EXEMPTION ADDED DELETE BASIC AND ADD SENIOR AND 1 10 150 DURHAM 07812400 $185.68 $185.68 ENHANCED 1 08 156 ESSER 05044500 $277.85 $277.85 EXEMPTIONS ADDED 1 9 38 EUGENE 06331700 $589.28 $589.28 EXEMPTION ADDED TOTALLY EXEMPT; CITY 1 03 31 EUREKA 01750950 $22.82 $22.82 OWNED PARCEL 1 8 51 GROTE 05546500 $36.58 $36.58 EXEMPTION ADDED 1 14 152 HARDING 11560500 $208.50 $208.50 EXEMPTION ADDED 1 4 146 .JOHNSON ST 02359660 $6.94 $6.94 EXEMPTION ADDED 1 3 25 KANE 01815155 $28.01 $28.01 EXEMPTION ADDED 1 8 2202 KENMORE 05137300 $208.49 $208.49 EXEMPTION ADDED 1 8 2232 KENMORE 05138000 $208.49 $208.49 EXEMPTION ADDED 1 12 92 KEYSTONE 09915200 $208.49 $208.49 EXEMPTION ADDED 1 11 243 KEYSTONE 09119200 $208.49 $208.49 EXEMPTION ADDED 1 06 608 LAFAYETTE AVE 03879400 $208.49 $208.49 BASIC STAR ADDED 1 06 48 LEXINGTON 03907900 $69620 $696.20 EXEMPTIONS ADDED Page 1 of 2 2006 -2007 ASSESSORS CORRECTIONS CITY TO R4 Y 1ST AND 2ND .RA F r4 xEr TOTALS: $61,725.88 $61,725.88 GRAND TOTAL: $123,451.76 C 1 G' Page 2 of 2 ASSESSMENT 1 09 2127 MAIN 06039801 $11,547.06 $11,547.06 LOWERED 1 09 17 NEWPORT 06528600 $517.60 $517.60 EXEMPTIONS ADDED 1 03 91 NIAGARA 01580800 $902.11 $902.11 US GOVT. 1 03 93 NIAGARA 01580900 $2,255.29 $2,255.29 US GOVT. ASSESSMENT 1 2 431 NORMAL 00742700 $259.33 $259.33 LOWERED 8 01 207 PORTSIDE 00326061 $3,371.18 $3,371.18 EXEMPTION ADDED PARCEL WENT FROM 1 2 42 RICHMOND 01225200 $1,073.72 $1,073.72 NIH TO H 1 14 95 RIVERVIEW 11806000 $208.49 $208.49 EXEMPTION ADDED 1 9 45 RUGBY 06613800 $208.49 $208.49 EXEMPTION ADDED 1 13 413 SMITH 10367300 $13.38 $13.38 EXEMPTION ADDED 1 9 445 ST LAWRENCE 06636300 $208.49 $208.49 EXEMPTION ADDED 1 02 436 VERMONT 00854000 $198.12 $198.12 EXEMPTIONS ADDED 1 09 24 VERNON 06149000 $208.49 $208.49 EXEMPTIONS ADDED 1 9 34 VIRGIL 06804300 $512.95 $512.95 EXEMPTION ADDED TOTALS: $61,725.88 $61,725.88 GRAND TOTAL: $123,451.76 C 1 G' Page 2 of 2 Mr. Bonifacio moved. That the above communication from the Commissioner of Assessment and Taxation dated August 10, 2006, be received and filed; and That the Comptroller be, and he hereby is authorized to prepare a check to be drawn on General City Charges, Org 17221008 Obj 480101 Tax Adjustment Fund in the amount of $123,451.76 for the General City Tax for 2006 -2007. Passed. 1 SEP l 8 2606 19 HS:miv l:1wp60\msword\m)vAI90- 5a.doc *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * �` THOMPSON [ ------------ ] [MAJ- 5] 9 * p [ 2/3 - 6 *_ [ 3/4 - 7 ] i 1,19 1 SING n i t CA TION T E C COUN 1 (Rer. r .3, SINGLE PA CrOMMUNI TO TH v0lL11�30R e" k R TO: THE COMMON COUNCIL Date: August 14, 2006 FROM: DEPARTMENT: Assessment & Taxation DIVISION: SUBJECT: fNo. 182 -CCP July 25, 2006 [: Use of the Innovative "SEGWAY [: Human Transporter" by the [: City of Buffalo PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) This is in response to the Resolution sponsored by South District Councilmember Michael P. Kearns and Ellicott District Councilmember Brian C. Davis regarding the use of the "SEGWAY Human Transporter," a battery- operated one - person scooter - like transportation device. Although such a transportation device may be useful to other Departments, it is not feasible for use by Assessors in the Department of Assessment and Taxation. It might be useful for an assessor who is assigned to a small area, however, I would not recommend it for general use by Assessors who must review large areas and cover great distances during the course of performing their duties. REFE RRED TO THS COMM ITTEE ON F INANCE. TYPE DEPARTMENT HEAD NAME: Bruna Michaux TYPE TITLE: Commissioner of Assessme t and Tax 'on SIGNATURE OF DEPARTMENT 1 t 19 I {ROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS 0 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL, TO: THE COMMON COUNCIL DATE: August 31, 2006 FROM: DEPARTMENT: Public Works 000 DIVISION: Engineering SUBJECT: [: Notification Serial # 10131 [: No Standing School Days - Install [: on Elmwood Avenue, west side [: between a point 625' south of North Street [: and a point 90' south therefrom. [: (Niagara District) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx, C.C.P. xx /xx /xx NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Elmwood Avenue, west side 7:00 a.m. - 4:00 p.m. between a point 625' south of North Street School Days and a point 90' south therefrom. This action is being taken in order to allow for school bus loading and unloading in front of Elmwood Village Charter School. JNG /DEK /EDS TYPE: DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: (nsI0131.doc) City Engineer , 1 � . t � � - 1 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 31, 2006 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: [: Notification Serial It 10132 [: No Standing School Days - Install [: on Franklin Street, west side [: between a point 220' south of West Huron Street [: and a point 110' south therefrom. [: (Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx. C.C.P. xx /x.x /xx NO STANDING - INSTALL r 1 :0 In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Franklin Street, west side 7:00 a.m. - 4 :00 p,m. between a point 220' south of West Huron Street School Days and a point 110' south therefrom. This action is being taken in order to allow for school bus loading and unloading in front of Buffalo Academy of Science Charter School. RECEIVED AND FILED JNG /DEK /EDS TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: (ns 10 132.doe) City Clerk's Department BUFFALO September 8, 2006 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. 22 PASSED September 5, 2006 Bids- Broadway Garage - Perimeter Fence & Guide Rail -Job #0634 (Ell) Gerald A Chwalinski City Clerk 91 �z #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 16, 2006 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Broadway Garage [: Perimeter Fence & Guide Rail [: Job #0634 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT. I advertised for on July 11, 2006 and received the following formal proposals for Perimeter Fence & Guide Rail, Broadway Garage, on August 1, 2006. Fox Fences $ 93,290.27 2637 Lockport Rd, Niagara Falls, NY Armor Fence $ 95,120.00 P O Box 745, Orchard Park, NY Titan Development $117,557.00 8534 Seaman Rd, Gasport, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Fox Fences, with a bid of Ninety Three Thousand Two Hundred Ninety and 271100 ($93,290.27) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in 38322206 445100 - Division of Buildings. DEK /JNG /PJG /dlg cc: Contract Compliance Office Chris Serafin, Buildings Department Head Name: Daniel E. Kreuz, P.E. Title: for Comm Public Works Signature of Department Head: Mr. Bonifacto moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 16, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Broadway Garage, Perimeter Fence & Guide Rail, Job #0634, to Fox Fences, the lowest responsible bidder, in the amount of $93,290.27. Funds for the project are available in 38322206 445100 - Division of Buildings. Passed. SEA' 1 8 2606 22 !'ls:nnv L:%wp601rnswoi-dVmv\22c9- Sa.doc *AYE* N * ONIFACIO DAVIS * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [MAJ- 5] * 9 * 0 [213 - G] [ 314 - 71 City Clerk's Department BUFFALO September 8, 2006 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, 1 present herewith the attached resolution item. No. 23 PASSED September 5, 2006 Bids -City Court -HVAC- Replace Flexible Coupling -Job #0647 (Ell) Gerald A Cwalinski City Clerk #1 (,rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 23, 2006 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: City Court [: HVAC - Replace Flexible Coupling [: Job #0647 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: I advertised for on August 1, 2006 and received the following formal proposals for City Court, HVAC - Replace Flexible Coupling, on August 22, 2006. John W. Danforth Co. $76,104.00 300 Colvin Woods Pkwy, Tonawanda, NY Parise Mechanical, Inc. $79,300.00 233 Fillmore, Tonawanda, NY Hohl Industrial Services Declined to Bid 770 Riverview, Tonawanda, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that John W. Danforth Co., with a bid of Seventy Six Thousand One Hundred Four and 0011001 Dollars ($76,104.00) is the lowest responsible bidder in accordance with the plans and specifications, recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in 38320906 445100 - Division of Buildings. DEKIJNGIPJGIdlg cc: Contract Compliance Office Chris Serafin, Buildings Department Head Name: Daniel E. Kreuz, P.E. Title: for Commissioner of Pu Signature of Department Head: Works. Parks r r. Mr. Bonifacio moved; That the above communication from the Commissioner of Public Works, Parks and Streets dated August 23, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for City Court, HVAC --- Replace Flexible Coupling, Job ##0647, to John W. Danforth. Co., the lowest responsible bidder, in the amount of $76,104.00. Funds for the project are available in 38320906 445100 - Division of Buildings. Passed. SEP 1 8 2000 M=V t Awp60\msword\rmv\23c9 -5 a,doc ICI- *A YE* NO * BONIFACIO DAMS * * FONTANA FRANCZYK GOLOMBEK * *. * W KEARNS LOCURTO RUSSELL THOMPSON L----- --- - - - - -I * . [MM- 5] g �` 0 [2/3 - 6 314 - 7 City Clerk's Department BUFFALO September 8, 2006 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. 24 PASSED September 5, 2006 Bids -2006 Fail Tree Planting (City Wide) Gerald A Chwalinski City Clerk 9 l :� I 0- l J:.IS, i�00z H2 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: FROM: DEPARTMENT: DIVISION: DATE: August 31, 2006 PUBLIC WORKS, PARKS AND STREETS BUILDINGS o0, SUBJECT: (: Report of Bids [: 2005 Fall Tree Planting [: (City Wide) [: PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. , C.C.P. 3 TEXT: (TYPE SINGLE SPACE BELOW) I advertised on August 18, 2006 and have received the following bids for the 2006 Fall Tree Planting contract, which were publicly opened & read on August 31, 2006. General Contractor Base Bid Unit Bid Increase Stedman Old Farm Nursery $117,043.00 $128,747.30" 9300 Transit Road East Amherst, NY 14051 Gleason's Nursery, Inc. $125,771.00 $138,348.10 4780 Sheridan Drive Williamsville, NY 14221 Scott Lawn Yard, Inc. $142,290.00 $156,519.00 5552 Townline Road Sanborn, NY 14132 Titan Development, Inc. $158,960.00 $174,856.00 8534 Seaman Road Gasport, NY 14067 I hereby certify the foregoing is a true and correct statement of the bids received and Stedman Old Farm Nursery of East Amherst, NY is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $128,747.30 (`$117,043 + 10% = $128,747.30). request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. The Engineer's estimate for this work was $150,000 and funds for this work are available in accounts #36310106, #39311306, and #38400206. JNG /DEK/EMP TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: City Engineer � r SIGNATURE OF DEPARTMENT HEAD: t Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 31, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for 2006 Fall Tree Planting, to Stedman Old Farm Nursery, the lowest responsible bidder, in the amount of $128,747.30 ($117,043 + 10% $128,747.30), Funds for the project are available in accounts #35310106, #39311306 and #38400206. Passed, !l `` SEP 1 8 2006 NE PJs:m3v (:\wp60\mswordWinv124c9- 5,i.cloc *AYE* N 0�* BONIFACIO # * 9 0 DAVIS FONTANA► FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * '� THOMPSON I--- ------- ) ( MAJ - 51 { 2/3 - 6 [314 -7 * 9 0 City Clerk's Department BUFFALO September S, 2006 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. 25 PASSED September 5, 2006 Bids -Mech. Svs. Bldg. -Roof Reconst. -Job #4631A (Lovejoy) Gerald A Chwalinski City Clerk #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 30, 2006 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Mechanical Services Building Roof Reconstruction j: Job #0631A [: Lovejoy District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: I advertised for on August 15, 2006 and received the following formal proposals for the Mechanical Services Building, Roof Reconstruction, on August 29, 2006. Progressive Roofing $124,000 339 Grote, Buffalo, NY Grove Roofing $135,000 939 Reading, Buffalo, NY Jameson Roofing $158,800 3769 E. Lake Rd., Dunkirk, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing, with a bid of One Hundred Twenty Four Thousand and 001100 Dollars ($124,000) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in 38321106 445100 - Division of Buildings. DEK /JNG /PJG /dlg cc: Contract Compliance Office Chris Serafin, Buildings Department Head Name: Daniel E. Kreuz P.E. Title: for Corte issioner of Ru c Works Parks & Streets �5 Signature of Department Head: di q K� Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 30, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Mechanical Services Building, Roof Reconstruction, .lob #0631A to Progressive Roofing, the lowest responsible bidder, in the amount of $124,000.00. Funds for the project are available in 38321106 — Division of Buildings. Passed. z SEP 1 8 2006 25 PIS:rmv 1:lwp641mswordlnnv1250 -5 a. doe Ali) *AYE* NO BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK * *. KEARNS LOCURTO RUSSELL THOMPSON [MAJ- 51 g p (V3 - 61 W w [ 3/4 - 7 J City Clerk's Department BUFFALO September S, 2006 HON. BYRWN 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 September 5, 2006 Change in Contract - Masten Park Pool Bldg. -Roof Reconst. -Job #0532 (Ell) Gerald A Chwalinski City Clerk 0 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 7, 2006 FROM: DEPARTMENT: Public Works, Parks & Streets 0001026 DIVISION: Buildings SUBJECT: Change in Contract j: Masten Park Pool Building j: Roof Reconstruction j: Job #0632 j: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) EX. (ITEM NO. CCP TEXT I hereby submit to Your Honorable Body the following changes for the Masten Park Pool Building, Roof Reconstruction, Grove Roofing Services, Inc_, C #92011082. 1. Deck and rafter replacement. Add $'10,354.50 The foregoing change results in a net increase in the contract of Ten Thousand Three Hundred Fifty Four and 501100 Dollars ($10,354.50). Summary: Current Contract Amount Amount of This Change Order ( #1) Revised Contract Amount $109,340.00 Add $ 10,354.50 $119,694.50 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321106 445100 - Buildings. request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. DEKIJNGIPJGIdlg cc: Comptroller C. Serafin, Bldgs_ Department Head Name: Daniel E. Kreuz, P.E. Title: for Commi ioner of Pu fic Works, Parks & Streets _ .- Signature of Department Head: =' ;`: 1 I Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 7, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Grove Roofing Services, Inc., an increase in the amount of $10,354.50, as more fully described in the above communication, for work relating; to Masten Park Pool Building;, Roof Reconstruction, rob No. 0532, C #92011052. Funds for this project are available in 39321106 445100 - Division of Buildings. Passed S EP 1 $ 2006 26 PJS:rmv t:lwp601msword\: rjnv\26c9 -5 a.doc *AYE* N * NIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS * * LOCURTO RUSSELL THOMPSON [--- --------- ] [MA3- 51 9 * p [213 - 6 s [314 - 71 City Clerk's Department BUFFALO September 8, 2006 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. 27 PASSED September 5, 2006 Change in Contract -N. Jefferson Library Const. -Job #0324 (Masten) Gerald A Chwalinski City Clerk 3 '" s•` #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 30, 2006 FROM: DEPARTMENT: Public Works, Parks & Streets w000zl DIVISION: Buildings SUBJECT: [: Change in Contract North Jefferson Library Construction Job #0324 Masten District PRIOR COUNCIL.. REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP TEXT hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, HVAC Work, W. C. Roberson Plumbing & Construction Corp., C #92010865. 1. National Fuel bills from August 2005 - July 2006. The contract period ended in August 2005 and these costs were not in the original contract. Add $ 18,839.97 The foregoing change results in a net increase in the contract of Eighteen Thousand Eight Hundred Thirty Nine and 971100 Dollars ($1$,839.97). Summary: Current Contract Amount $632,905.53 Amount of This Change Order ( #7) Add $ 18,839.97 Revised Contract Amount $651,745.50 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321006 445100 - Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. DEKIJ NG /PJG /d lg cc: Comptroller C. Serafin, Bldgs. Department Head Name: Daniel E. Kreuz, P.E. Title: for Com issioner of P blip Works, Parks &Streets Signature of Department Head: Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 30, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 7, to W. C. Roberson Plumbing & Construction Corp., an increase in the amount of $18,839.97, as more fully described in the above communication, for work relating to North Jefferson Library, Job No. 0324, C 492010865. Funds for this project are available in 38321006 445100 - Division of Buildings. Passed SEP l 8 2006 27 PJS :rmv t :\wp60 \lnsword\ :niiv\27c9- 5a.doc *AYE* N * ONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS # * LOCURTO RUSSELL THOMPSON . [------- - - - - [ MAAJ 51 * 9 p ( 2/3 - 61 [ 314 - 71 City Clerk's Department BUFFALO September 8, 2006 HON. BYRWN 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. 28 PASSED September 5, 2006 Increase in Contract- Cazenovia Park Golf Course Irrigation (So) Gerald A Chwalinski City Clerk Li 1 e Agz ##2 (Rev. 1/93) SINGLE PAGE COW4 NICATION TO THE COMMON COUNCIL FRONT: DEPARTMENT: DIVISION DA'C'E: Augi!st 17, 2000 PUBLIC WORKS, PARTS AND STIU,'LTS B UIL D ING S SUBJECT- [: Increase in Contract [: Cazcatovia Park Golf Com-se Irrigation Contract No. 920t 1107 (South) PRIOR COUNCIL RE FE (IF ANY) TEXT` (TYPE SINGLE SPACE BELOW) We are redrrestin, permission of yor€r I lonorable €1ody to increase the above contract with Irri and Pump Specialties in the a€xzount of - $] 1,750.00. I'h €s cham,e order ryas necessitated due to a rise in the cost of materials amd additiimal wrn to rccon€7ect a dri €skim tour€tain, encase a p�xtion of the water line in steel pipe, and Wrist. The prices have beer€ for.ux! to be fair mid teasoirtble by our co €isr IMIlt, Wendel DUchscherer. Funds f'or This work a €e available ill Bond Account 38400106. SUMMARY Contract Amoi €nt - $3 16,500.00 Change O€ der - $11,750.00 New Contract Amount - $328,250.00 JNG /DEK /EMP TYPE DEPARTMENT STEAD NAME: Daniel. E. Kreuz, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: i l i •1/L+4� Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and ,Streets dated August 17, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, an increase in the amount of $11,750.00, as more fully described in the above communication, for work relating to Cazenovia Park Golf Course Irrigation, Contract No. 92011107. Funds for this project are available in Bond Account 38400106. Passed F 5 F P 1 8 2000 28 PJS:nnv (Awp60 \msword\: nnv12 80- 5 a.doc �.(l *AYE NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK * *. K LOCURTO RUSSELL THOMPSON [------- - - - - -) [MAJ- 5] * 9 0 [213 - 6) [ 314 - 71 City Clerk's Department BUFFALO September 8, 2006 NON. BYRWN 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. 29 PASSED September 5, 2006 Increase in Contract - Emerg. Pavement Repair -2006 Group #657, Contract #92011140 Gerald A Chwalinski City Clerk Ll #1 (Rev. 1193) SINGLE PAG COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 31, 2006 FROM: DEPARTMENT: Public Works, Parks & Streets 1 000,Z) DIVISION; Engineering SUBJECT: [: Increase in Contract [: Emergency Pavement Repair - 2006 [; Group 4657, Contract 992011140 [: Thomann Asphalt Paving Corporation PRIOR COUNCIL REFERENCE: (IF ANY) [: I hereby submit to your Honorable .Body the following unit price additions to the contract for the above named Project. This change order is necessary to complete pavement repairs at the South Ogden Transfer Station facility: 1.) Concrete Pad for tractor trailer Ieg supports 2.) Mill /Overlay South Ogden — Thielman to Entrance Contract Estimated Item Desc.rintion 02.1.10A Unclassified Excavation 03.21 C Subbase Course — Type B 502.094 Structural Concrete Slab including bar 25 reinforcement -- 4 x 250' 01402 Milling Existing Pavement 0" 3" 403.1701 Asphalt Concrete -- type 6 course Unit Estimated Estimated Price — Quantity Cost $20 /cu.yd. 65 $1,300.00 $37 /cu.yd. 25 $925.00 $11.70/sq.ft. 1,000 $11,700.00 $2.50 /sq.yd. 1,400 $3,500.00 $65 /ton 240 $15,600.00 Total $33,025.00 Existing Contract Amount $ 179,093.75 Increase in Contract $ 33,025.00 Revised Contract Amount $ 212,118.75 I respectfully certify that this change order is flair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to Thomann Asphalt Paving Company. Funds for this work are available in our Capital Project Accounts #30032106 & 39311106. DEK:MJZ:Ilf cc: Joseph N. Giambra Roberta Troy Charles Masi TYPE DEPARTMENT HEAD NAME: TYPI TITLE: SIGNATIIR.E OF DEPARTMENT HEAL] Daniel E. Kreuz, P.E. City E :�ineer rt r J ` I �,�i IV Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 31, 2006, be received and fled; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Thomann Asphalt Paving Corporation, an increase in the amount of $33,025.00, as more fully described in the above communication, for work relating to Emergency Pavement Repair —2006, Group 4657, Contract No. 92011140. Funds for this project are available in Capital Project Accounts #30032106 & 39311106. Passed S E P 1 8 2006 29 PJS:rmv (AwIM( nswor&nnv1290- 5a.doc [ --- -- ------- [MAJ s] [ 2/3 - b ] [ 3/4 - 7 ] *AYE* NO * BONIFACIO DAMS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * # THOMPSON * g * Q City Clerk's Department BUFFALO September S, 2006 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. 30 PASSED September S, 2006 Increase in Contract - Lincoln & Johnson Playground Improvements {Fillmore /Ell} Gerald A Chwalinski City Clerk L i #2 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE CO'MNION COUNCIL.: FROM: DF) "AR'C'MEN1': DIVISION: DA'Z'E: August 17, 2006 PUBLIC WORDS, I' . l NIA ' 'RI'FT'S BUILDINGS SUBJECT: (: Increase in Contract (: Lincoln mid ,lohnsoti Playgronml Improvements Contract No. 9201132 (I <illmor & Ellicott) PRIOR COUNCIL REFERENCE: (I1{ ANY) TEXT': TYPE SINGLE SPACE: BELOW We aIrc requestiii, penilission of your Hoj or<ible Body to iijerease the above cowract with 61easou's Nursery in the zimou €'it of $12,334.00. This change order was necessitated due to additional tii , otk to replace damaged play e(juil)ment, correct a draioage problem, raid ijistall a sot of soccer goals. The prices have been forutd to be fair quid reasonable by nur staff. Fruids - tor this.vork are available in Band Account 39d00 1W SUMMARY Cajitnict Amount - $79,678.00 Change; Order - $12,334.00 New Contract. Amount - .$92,012.00 JNG /DEK /1 MP 4 rE TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: city Tqineer '% S OF DEPARTMENT HEAD: _ 0 Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 17, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, an increase in the amount of $12,334.00, as more fully described in the above communication, for work relating to Lincoln and Johnson Playground Improvements, Contract No. 9201132. Funds for this project are available in Bond Account #39400106. Passed S E P 1 8 2006 30 PJS:rmv t Awp Winsword\: nttvl3 00- 5a.doc r� *.AYE* NO * BONIFACIO * * * DAVIS FONTANA ERANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * THOMPSON [MAJ- 51 * 9 * 0 [713 - 6] [ 314 - 7 1 City Clerk's Department BUFFALO September S, 2006 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. 31 PASSED September 5, 2006 Increase in Contract- Repair - Streetlight Foundations /Knockdowns Group #649 - O'Connell Elec. Gerald A Chwalinski City Clerk L :u � ri t!l (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL, TO: TIIE COMMON COUNCIL DA'Z'E: August 10, 2006 0000131 FROM: DEPAW17MENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: j: Increase in Contract j: Repair of Streetlight Foundations and Knockdowns Group 649 ( [: Contract 92011104 — O'Connell Electric PRIOR COUNCIL REFERENCE: (IF ANY) [ Ex. ( Item No. xxx. C.C.P. xxJxx /xx I hereby submit to your Honorable Body the following; increase in the contract for the above named project due to a higher rate of knockdowns than anticipated. This work is needed to replace the existing knockdowned street light standards and to secure the public safety on a citywide basis. Additional work necessary and a contract summary is as follows: Contract Item 10997.1 - Replacernnet of Knockdown Standard 16 ft or less Contract Item 10.997.2 - Replacement of Knockdown Standards greater than 16 ft. Amount of this increase Original Contract Amount New Contract amount with this increase 20 each (fi7 $521.00 60 each $586.00* $ 10,420.00 + $ 35,160.00 $ 45,580.00 + $ 147,906.00 $ 193,486.00 I hereby certify that the amount of this change order is fair and equitable for the work involved I request that your Honorable Body authorize the Commissioner of Public Works to issue a change order to O'Connell Electric as set forth above. Funds for this work are available in our Capital Project Account # 38310506 & 30032106. * unit bid prices from contract. TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P,E_ TYPE TITLE: SIGNATUR OF DEPARTMENT HEAD: 3I �Y) Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 10, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to O'Connell Electric, an increase in the amount of $45,580.00, as more fully described in the above communication, for work relating to Repair of Streetlight Foundations Knockdowns Group 649, Contract 92011104, Funds for this project are available in Capital Project Accounts #38310506 & 30032106. Passed SEP 1 8 2006 31 PJS:rmv (AvpWmswordk-nnv13 16 -5aAoc *AYE* NO BONIFACIO DAMS * FONTANA FRANCZYK * GOLOMBEK KEARNS * LOCURTO RUSSELL THOMPSON [MAJ- 51 * g 0 [2/3 - 6J * w [ 314 - 71 City Clerk's Department BUFFALO September S, 2006 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. 32 PASSED September 5, 2006 Increase in Contract - Replacement of Site Specific Sidewalk -2006 Group #655- #92011136 Gerald A Chwalinski City Clerk Y ,� j�� I #1 (Rev. 1/93) SI NGLE PAG E' COMMUNICATION TO THE COMMON COUNCIL V . TO: THE COMMON COUNCIL DATE: August 31, 2006 FROM: DEPARTMENT: Public Works, Parks & Streets f DIVISION: Engineering SUBJECT: (: Increase in Contract [: Replacement of Site Specific Sidewalk - 2006 [: Group #655, Contract #192011136 [: P & J Construction Co., Inc. PRIOR COUNCIL REFERENCE: (IF ANY) [: Item #1.3 of C.C.P. 06/13/06 I hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to complete additional tree root and hazardous locations encountered during the construction operations on a District by District basis. Contract Unit Estimated Estimated Item Desc criRtion Price Quant4y Cost 12.110 Maintenance & Protection of Traffic $2,640 1 $2,640.00 R05.204A Concrete Sidewalks & Approaches $5.00 8,536 sq.13. $42,680.00 4" Replacement (I to 100 sq.ft.) R05.204C Concrete Sidewalks & Approaches $430 9,925 sq.ft. $42,677.50 4" Replacement (251 to 500 sq.ft.) Total $87,997.50 Existing Contract Amount $ 385,530.86 Increase in Contract $ 87,997.50 Revised Contract Amount $ 473,528.36 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to P & J Construction Co., Inc. Funds for this work are available in our Capital Project accounts #30032106 &#39311106. DEK:.MJZ:Ilf cc: Joseph N. Giambra Roberta Troy Charles Masi TYPE DEPARTMENT HEAD NAME TYPE TITLE SIGNATURE OF DEPARTMENT HEAD Danie ,, K.reuz, P.E. City r I `) 1 Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 31, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to P & J Construction Co., Inc., an increase in the amount of $87,997.50, as more fully described in the above communication, for work relating to Replacement of Site Specific Sidewalk — 2006, Group 655, Contract 92011136. Funds for this project are available in Capital Project Accounts #30032106 & #39311106. Passed SP l 8 2000 32 PJS: rmv t:1wp60 \mswurd%: nnvl326 -5a. doc 1 *AYE* NO * BONIFACIO * 9 * D ,� DAVIS FONTANA FRANCZYK 0LOMBEK KEARNS LOCURTO RUSSELL THOMPSON [-- _--------- ] [MAJ- s] [ 213 - 6 ] [ 314 - 7 * 9 * D ,� City Clerk's Department BUFFALO September S, 2006 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. 33 PASSED September 5, 2006 Increase in Contract - Shoshone /Gar /JH Williams Court Improvements (North /Univ) Gerald A Chwalinski City Clerk #2 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL T uiv COMMON COUNCIL: DA`rE: August 23, 2006 FROM: DEPARTMENT: DIVISION: l?1J13LIC WORKS, l�'4 .0 S'1RI!TTS BUILDINGS SUBJECT: [: Incmasc ill Cctlzti-act [: Shoshone /Gay /311 Williams Cotill ltrtpl Cmitract No. 92011153 (North /Ujaivct PRIOR COUNCIL REFERENCE: (IF ANY) T] +,NT: (TYPE SINGLE SPACE I3FLOW1 We are requestin, permission of your l honorable Body to increase the above contract with 'Cita) Development in the anmurit of $1.0,350.00. 4 chanbc order was mcessitatcd Clue to additional work to install a concrete curb, additional fence work, brash clearance and additional kmvirlg work. 11u; }prices have been fibuud to be fair Cinc] reasonable by our staff. holds for this work are avaikble in Bond Account 39400106. SUMMARY Contract AmOL111t -- $53,500.00 Change Order- x;10,350.00 N ew Contract A111ount - $67,850.00 ,TNG /DEK /EMP TYPE DEPARTMENT HEAD NAME: Daniel E. Kreux, P.E. TYPE 'TITLE: City Engineer c" SIGNATURE OF DEPARTMENT HEAD: Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 23, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Titan Development, an increase in the amount of $10,350.00, as more fully described in the above communication, for work relating to Shoshone /Gay /JH Williams Court Improvements, Contract 92011153. Funds for this project are available in Bond Account 39400106. Passed } SEP 1 S 2006 33 PJS:niiv t:%wp 601mswordVrmv\3 3 c9 -5 a.doc *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK * *. * KEARNS LOCURTO RUSSELL THOMPSON [-------- - - - - -] [MA7- 51 * g 0 [ 2/3 - 61 * F [ 3/4 - 7 ] 0 N�D NextG Networks MIM 21 July 2006 Via U.S. Postal Service Mr. 'T'homas Tarapacki Director, Office of 'T'elecommunications Utilities and Franchises 613 City Hall Buffalo, o, N Y 14202 Re: Formal Application to Access City Rights -of -Way for the Provision of Telecommunications Setvices Dear- Mr. 'I'arapacki: Please accept this letter to initiate the formal application of NextG Networks of New York, Inc., a Delaware corporation ( "NextG "), fora right- of-way use agr eement or other appropriate form of authorization from the City of Buffalo (the "City ") to access the City's public ways for the provision of telecommunications services. This application is submitted to the City in accordance with § 253 of the federal Telecommunications Act of 1996 and applicable State laws governing the use of the public way by telecommunicat carriers for the provision of their services. 1 you will find a short FAQ) document entitled "A l...ocal Official's Guide: Responding to a Telecomtnutaicat.ions .Apphca.tion from NextG Networks" in order to assist you in analyzing and responding to Next(; application. A. Agreement Form and PuW se Next.G hereby requests a non - exclusive right -of -way use agreement or other appropriate farm of authorisation from the City in order to install, operate, and maintain fiber optic cable and associated equipment, including optical repeaters and antenna facilities, on, over, and under the public way within the City in connection with the provision of telecommunications services provided by NextG as a "carrier's carrier" to its wireless operator customers_ In order to expedite its application and processing, NextG proposes to enter into a right -of -way use agreement with the City substantially in the form of the document enclosed herewith. If the City has developed its otvn form for this purpose, please provide a copy. B. Information about NextG General information about NextCi and its technology and services is contained in various documents enclosed herewith, including one entitled "NextG Benefits to Clines ". Additional information can be supplied upon request. 2216 07nolc ilverZa.ie, Saoi Jose C: i ifornin 95131 C. NextG Business Model Simply stated, NextG offers wireless operators innovative solutions to satisfy coverage and /or capacity objectives within their_ networks, such as "drop zones ", that do not require the construction of traditional macro sites, such as large towers, monopoles, or .rooftop installations. Critical areas can be covered by using optical fiber to connect a network of microcellular node sites, consisting of small antennas and optical repeaters, attached to existing infrastructure, namely streetlights and utility distribution poles, located in the public way. Such distributive antenna systems generally are intended to supplement, rather than supplant, macro sites within carriers' networks in areas where such sites cannot reach or serve adequately or when macro sites prove to be unpractical. Technically speaking, NextG is a facilities -based provider of protocol - agnostic, fiber - aggregated optical -to -radio frequency ( 'RF) conversion and Rh transport telecommunications services. NextG will make its services available to any wireless carrier that wishes to purchase them to transport its custon-Ecrs' wireless voice and /or data transmission betweel the carrier's base transceiver station and the fiber -fed optical repeater nodes and associated antennas that NextG seeks to deploy on streetlights and other infrastructure available under the proposed right -of -way use agreement or from local utilities. NextG's services will amplify capacity and extend wireless carriers' Rl' signals u2 difficult coverage areas. NextG customers will offer regulated telecommunications services to its customers under turnkey agreements through which NextG will construct and operate fiber --fed microcell networks capable of sustaining multiple carrier customers without unnecessary replication of 'infrastructure. D. Regulatory Status The State of New York Public Service Commission has granted. NextG a Certificate of 1?ublic Conve.ni.ence and Necessity to provide services throughout the State as a facilities -based provider and reseller of telephone service. A copy of the CPCN is enclosed for your reference. E. Proposed Location and Number of Attachments NextG proposes that any right -of -way use agreement authorize the installation and operation of its equiPment and network in, under, and over the public ways of the City on standard -- design prefabricated steel poles, wooden distribution poles, and other available structures throughout the Cite. The date of Next(, initial deployment and the number of installations planned for deployment in the City will be determined after the right-of-way use agreement is in place and NextG, can begin marketing its service's. F. Use of Poles and Streets• Trenching. NcxtG requests the right to utilize City- -owned strectlight poles, traffic light poles, and /or highway sigh supports (collectively "poles "), if any, for the deployment of optical repeater telecommunications equipment (including associated cables, brackets, and antennas) in accordance with the terms, conditions, and authorized purposes set forth in the right- of-way use agreement. NextG will use every effort to miniinize trenching; and boring 1.11 the streets of the City by feeding fiber optic cabling directly from existing conduit, where available, to the poles to which optical repeater nodes and related equipment will be attached pursuant to the right -of -way use agreement. NextG will observe all applicable rules and regulations of the City and its various departments with respect to permitting and the terms and conditions related to construction of the NextG fiber -fed optical repeater network. 2216 O'Toole. Avenue, San jose C.aliforn6 95131 ff G. Technical Specifications and Drawings NextG will agree to observe all the terms, conditions, limitations, and design specifications set forth in the right -of -way use agreement in its installation, deployment, and operation of the NextG, flbcr -fed optical repeater network within the City. Additional specifications and technical drawings of representative types of equips - rent can be supplied upon request. Any preliminary information as to construction permit process, permit costs and estin ated duration of permit approval for NextG proposed facilities that can be determined from the City's I?ngineering Department or the Departi - rent of Public Works would be greatl appreciated. Thank you for your prompt attention to and consideration of this matter. If you have any questions, please contact me at 715.254.1553 or pheimdahl ct nextgrietworks..net. 1 look forward to scheduling a meeting or conference call at your earliest convenience to discuss the City's response to this letter and guidance: on processing; NextG's application forward to approval. Sincerely, Pc°ter D. I leimdahl, Esq. Director of Network Real Estate I - nclosures: I?mpowering Brochure Seybold .Article .Reprint (I IR) NextG Benefits to Cities NYPSC Certificate of Public Convenience and Necessity Corporate fact Slieet Local Officials' FAQ Right -of -Way Use Agreement Cc: Mr. Robert L. Deisman, Esq. R5FERRED TO THE COMMIT=TEE ON LEG 2216 07oole Avenuc, San lose California 95111 STATE OF NEW YORK DEPA1'�TME T OF 1�vn SEA MIZ THREE EMPIRE STATE PLAZA, ALBANY, NY 12223.1350 Internet Address: h(tp: / /www.dps,state.ny.us PUBLIC SERVICE COMMISSION WILLIAM M. FLXNN Chairman THOMAS J. DUNLEAVY JAMES D. BENNETT LEONARD A. WEISS 01 NEAL N. CALVIN April 4, 2003 Julie Kaminski Corsig Davis Wright Tremaine LLP 1500 K Street, Suite 450 Washington, D.C. 2005 Re: Case No. 03 -C -0027 Dear Ms. Corsig: DAWN JABLONSKI Genera! Counsel JANET HAND DEIXLER Secretary The application, by NextG Networks of NY, Inc. on January 7, 2003, for a Certificate of Public Convenience and Necessity to operate in New York State as a facilities -based provider and reseller of telephone service, without authority to provide local exchange service, is hereby approved. This approval is based upon the accuracy of the information provided in the company's application and may be revoked if the application is found to contain false or misleading information, for failure to file or maintain current tariffs, or for violation of Commission rules and regulations. The company's tariff, P.S.C. No. 1 — Telephone, is also approved. The company is not authorized to use its own operators to handle 0- (emergency or non - emergency) calls. Such calls must be routed to another telephone company or operator services provider authorized to handle such cal Is, until such time as an amended Certificate of Public Convenience and Necessity is obtained pursuant to Part 649.6 of the Commission's rules. The company must obtain any required consents of municipal authorities before commencing construction of telephone lines. It must also comply with applicable federal laws, New York State Public Service Law and related statutes, and the Commission's rules and regulations. The company is also r� uired to file a St atement of Gros In trastate Operating p f ..�.. St to wr ,is .ss�ra e ll Revenues by March 31 each year. It will be notified in writing each year of the required content and format of this report. Finally, please complete and return the enclosed, two -page questionnaire to Maria Le Boeuf of our staff within 30 days of receipt of this letter. This information will be added to the directory of telephone companies posted at our website, in order to help consumers search for companies available to meet their telecommunications needs. Any updates or changes should be promptly forwarded as well. If you have any questions, please contact Maria Le Boeufat (518) 474 -1362. By direction and delegation of the Commission, 1 I If Allan H. Bausback Director Office of Communications cc: Robert Delsman, Esq. NextG Networks of NY, Inc. 2033 Gateway Place, Suite 500 San Jose, CA 95110 -3709 Enclosure R'�� A Local 00�cial `s Guide RESPONDING TO A TELECOMMUNICATIONS APPLICATION FROM NEXTG NETWORKS (State of New York) extG Networks has submitted to you an application under the federal IN Communications Act for access to the public rights of way to construct facilities necessary to provide telecommunications services. In order to assist you in analyzing and responding to NextG's application, NextG sets forth below answers to common questions raised by local officials upon receipt of such an application. Q. Who is NextG Networks? A. NextG Networks is a next - generation communications company that provides managed RF transport and backhaul services to wireless communications service providers, including mobile network operators and public wLAN service providers. NextG's innovative and cost - effective RF- over -fiber ( "Rl transport solution enables wireless service providers to expand their coverage and /or capacity throughout metropolitan regions and in dense urban and isolated suburban areas. Founded in 2001, NextG Networks is headquartered in San Jose, California, and operates regional subsidiaries throughout the United States. Q. What kind of service does NextG provide? A. NextG provides Telecommunications Services. Specifically, it carries voice and data traffic handed off to it by wireless providers (such as cellular and PCS). It carries that traffic via its fiber optic lines from antennas located on utility and /or street light poles to a central switching -Iike location, and from there, either back to another antenna or out to the public switched telephone network or Internet. Q. What is NextG asking of the Municipality? A. NextG is applying for the right to construct, operate, manage, and maintain a telecommunications network in the public ways of the municipality in compliance with the municipality's ordinances and permitting requirements in order to serve its wireless customers and to improve wireless coverage and capacity in the municipality. To that end NextG proposes a form of right -of -way use agreement ( "RUA ") that asks for the following: ➢ the right to enter into the public way to provide telecommunications services; the right to utilize municipally -owned streetlight poles and traffic signal poles for an agreed annual fee for the collocation of NextG's facilities; the right to utilize third - party -owned property (utility poles) in the public way for deployment of NeAG's network; ➢ the right to utilize any available municipally -owned fiber for an agreed annual fee for the collocation of NextG's facilities; and Local Official's Guide: Responding to a Telecommunications Application front NextG Networks State of New York Page 1 cif S I �-O ➢ the right to utilize any available municipally -owned conduit for an agreed annual fee for the collocation of NextG's facilities. Q. How long do I have to respond to NextG's application? A. Under federal law, local authorities must act on NextG's application, in writing, expeditiously. Unreasonable delay or a failure to act expeditiously has been held to constitute an unlawful barrier to entry under federal law. Q. What information can the Ci . require from NextG? A. Local authorities may only request information directly related to NextG's physical construction in and occupation of the public rights of way. Local authorities are prohibited from inquiring into the "legal, technical, or financial" qualifications of NextG or other matters unnecessary for the local authority's ability to oversee NextG's construction and manage the public rights of way. Q. Am I ermined to impose restrictions on NextG's use of the ublic rights of w_ A. Local authorities are permitted only to "manage" NextG's construction and physical occupation of the public rights of way. This has been held to include matters such as requiring insurance or bonds and imposing standard construction permitting and safety regulations. This authority has also been described as extending to the "time and manner' of construction. Q. Can the Cijyregulate NextG's activities as a telecommunications provider in the public rights -of -way? A. No. Section 253 of the Communications Act prohibits local authorities from regulating the provision of telecommunications services. Q. Ani I required to treat NextG in the same way as the City treats the incumbent local telephone company? A. Yes. Local authorities must treat competitive providers, like NextG, in a competitively- neutral and non - discriminatory planner. As a result, local authorities cannot impose on NextG requirements or fees that are not imposed on the incumbent Bell Company. Q. Since NextG operates as a neutral -host provider, who will own the equipment utilized in NextG's network and what is the impact on NextG's rights? A. NextG will own the fiber by paeans of which it provides Rl~ Transport Services in all cases, The optical repeaters and antennae may be owned by either NextG or its carrier customers; however, in all cases the optical repeaters and antennae will incorporated into the NextG network, even if title remains with the customer. Under New York Iaw, the term "telephone corporation" means "every corporation ... owning, operating or managing any telephone line or part of telephone line used in the conduct of the business of affording Local official's Guide: Responding to a 7' eterorrrmrrnicalioresApy licatioit front NextG Networks State of Alm York Page 2 of 5 I telephonic communication for hire ...... a "Telephone line" includes all facilities "used, operated or owned by any telephone corporation to facilitate the business of affording telephonic communication.... " Because under its tariff and agreements, NextG will use, operate and manage all equipment incorporated into its network, including the optical repeaters and antennae, those facilities are part of NextG's network and accorded the same rights as the rest of NextG's network facilities. This is a new model that NextG is pioneering and with which the City may not be familiar. Thus, although title to certain equipment may remain with NextG's customer in a particular installation, that equipment will nonetheless constitute a part of NextG's network and may also remain part of the customer's larger wireless network in an "overlapping circles" architecture. In all cases, permit applications will be submitted either solely by NextG or jointly with its customer, and NextG will be responsible to the City under the applicable permit in alI cases. Q. What are the consequences for the QV if it fails to respond to NextG's application or restricts its right to provide its services? A. Local authorities may be liable to NextG for damages under federal law if they exceed their limited authority under law, unreasonably delay their response, or interfere with NextG's right to provide telecommunications services. Q. Has NextG been certified by the State to provide telecommunications services? A. Yes. NextG has received a Certificate of Public Convenience and Necessity from the New York Public Service Commission. Q. Is NextG a wireless provider? A. No. NextG is not licensed to provide wireless services and does not control any wireless spectrum. NextG is a "carrier's carrier" whose customers are wireless providers. Q. What facilities does NextG need to install to provide service in our _community? A. NextG provides its service with a combination of fiber optic lines connected to small wireless antennas, optical repeaters, and associated equipment. Thus, it must generally install a certain amount of fiber optic cable, either underground or oil existing utility poles. In addition, it must install small wireless antennas and associated equipment on utility poles and /or streetlight poles, typically located in the public rights of way. When possible and appropriate, NextG may lease capacity on existing fiber optic facilities owned by the Municipality or other providers, thus diminishing the physical impact of NextG's installation. Q. Will NextG use existing utili poles? A. NextG will generally seek to collocate its facilities on existing utility or streetlight' poles, typically located in the public rights of way. To the extent that it will be using NY Public Service tow, Article 1, § 2 (ernpliasis added). 2 Id. (emplaasi.s added.). focal Official's Guide: Responding to R'1 e !<IC[»rztlu�rtiurtiotr9 Application from NcitG Nehoorks State of New York Page .3 of 5 privately -owned utility poles, NextG has entered into (or is in the process of entering into) any necessary pole attachment agreement. New York statutes and regulations adopted by the New York Public Service Commission govern the Fates, terms, and conditions that private utility pole owners may impose on NextG's access to such poles. {See N.Y. C.L.S. PUB. Star. § 119 -a.] Q. Will NextG need to install any new poles of its own? A. Generally, no; however, if there is no available infrastructure, or if the Municipality does not wish to allow NextG to attach to its streetlight or traffic poles, NextG may need to install its own utility poles. In such cases, NextG will comply with all lawful local regulations governing such installations. Q. What are the benefits from NextG's en into our communi ? A. first, NextG's facilities and services are less burdensome or intrusive than traditional cell towers. Where wireless providers have traditionally relied on very large towers or monopoles, NextG's service uses fiber optics and small, unobtrusive antennas located on existing utility and /or streetlight poles. Second, NextG's service allows the wireless carriers to expand the coverage of wireless services, with less intrusive facilities. Traditional wireless technologies have suffered from "dead spots" and bandwidth capacity limitations. NextG's combination of fiber optics and lower antennas helps wireless providers eliminate dead spots and increase bandwidth needed for emerging and future services. Third, NextG introduces competition that will help provide more service choices and more competitive prices for consumers. Fourth, NextG network operations may provide revenue to the City under the proposed RUA, to the extent allowed by law. Q. What are NextG's rights under Federal law? A. Section 253 of the Communications Act grants NextG the right to provide telecommunications services and prohibits municipalities from imposing requirements that prevent NextG from providing telecommunications services or that "have the effect of prohibiting" NextG from providing telecommunications services. Decent court decisions applying § 253 have held that any municipal requirement that "materially inhibits" NextG's ability to compete is preempted. This includes imposing on NextG requirements such as fees or franchises that are not imposed on the incumbent telephone company. Ultimately, municipalities may not exercise discretion over whether NextG can access the public rights of way and provide service. Section 253 reserves for municipalities only the authority to "manage" NextG's physical occupation of the public rights of way (i.e., construction permitting and safety issues). NextG complies with all applicable and lawful local permitting requirements concerning construction in the public rights of way. Local Official's Guide: Responding to a Telecomnuorications Application frax NextG Nelworks State of New York Pag e 4 of 5 Q. Are harmful radio-frequency emissions an issue with the a ui ment related to NextG's service? A. No. The wireless antennas associated with NextG's service produce RF radiation at levels well below the FCC's permitted maximums for general- population, uncontrolled exposures, which are themselves conservatively low. Indeed, the .facilities associated with NextG's services are "categorically excluded" from the FCC's requirement for routine environmental compliance testing for RF exposure. t_acal Official's Garde: Responding to n Mccomm niicafions Application from NextG Netzaorks Stale of New Fork Page 5 of 5 0 �, CITY OF BUFFALO Right -of -Way Use Agreement T HIS RIGIIT -OF -WAY USE AGREEMENT (this "Use Agreement ") is dated as of , 2006 (the "Effective Date"), and entered into by and between the CITY OF BUFFALO, a New York municipal corporation (the "City "), and NEXTG NETWORKS OF NY, INC., a Delaware corporation ( "NextG "). Recitals A. NextG owns, maintains, operates and controls, in accordance with regulations promulgated by the Federal Communications Commission and the New York [Public Service Commission, a fiber -based telecommunications Network or Networks (as defined in § 1.8 below) serving NextG's customers and utilizing microcellular optical repeater Equipment (as defined in § 1.3 below) certified by the Federal Communications Commission. B. For purpose of operating the Network, NextG wishes to locate, place, attach, install, operate, control, and maintain Equipment in the Public Way (as defined in § 1.10 below) on facilities owned by the City, as well as on facilities owned by third parties therein. Agreement Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: I DE FINITIONS. The following definitions shall apply generally to the provisions of this Use Agreement: 1.1 Adjusted Gross Revenues. "Adjusted Gross Revenues" means the gross dollar amount received by NextG for its Services (as defined in § 1.13 below) provided to customers with respect to customer equipment .located within. the City, excluding (i) the Right -of -Way Fee, if any, payable pursuant to § 4.2 et seq. below and any utility users' tax, communications tax, or similar tax or fee; (ii) local, state, or federal taxes that have been billed to the customers and separately stated on customers' bills; and (iii) revenue uncollectible from customers (i.e., bad debts) that was previously included in Gross Revenues. 1.2 City. "City" means the City of Buffalo. 1.3 Decorative Streetlight Pole. "Decorative Streetlight Pole" shall mean any streetlight pole that incorporates artistic design elements not typically found in standard steel or aluminum streetlight poles. 1.4 Equipment "Equipment" means the optical repeaters, DWDM and CWDM multiplexers, antennae, fiber optic cables, wires, and related equipment, whether referred to singly or collectively, to be installed and operated by NextG hereunder. Examples of typical Equipment types and installation configurations have been provided to the City in the NextG "Remote Equipment Catalog" and made available to the City for review and analysis prior to the parties' execution and Right -of -Way Use, Agreerrrertt City of Buffalo, NY:: Nr.AG Nehoorks of NY, Mc. Page 1 of 10 rrextg buffalO 110741 York basic, agrecnrent 2.2.aloe delivery of this Use Agreement. The NextG "Remote Equipment Catalog" may be modified from time to time to reflect technological innovations and new equipment types and models, provided that the Equipment types and installation configurations shown in any new version of the NextG "Remote Equipment Catalog" are substantially similar to the Equipment types and installation configurations reviewed by the City in the version of the NextG "Remote Equipment Catalog" provided to the City prior to the parties' execution and delivery of this Use Agreement. 1.5 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of general application to entities doing business in the City lawfully .imposed by any governmental body (but excluding any utility users' tax, franchise fees, communications tax, or similar tax or fee). 1.6 Installation Date. "Installation Date" shall mean the date that the first Equipment is installed by NextG pursuant to this Use Agreement. 1.7 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this Use Agreement. 1.8 Municipal Facilities. "Municipal Facilities" means City -owned Streetlight Poles, Decorative Streetlight Poles, lighting fixtures, electroliers, fiber -optic strands and /or conduit, or other City -owned structures located within the Public Way and may refer to such facilities in the singular or plural, as appropriate to the context in which used. 1.9 Network. "Network" or collectively "Networks" means one or more of the neutral -host, protocol- agnostic, fiber - based optical repeater networks operated by NextG to serve its wireless carrier customers in the City. 1.10 NextG. "NextG" means NextG Networks of NY, lnc., a corporation. duly organized and existing under the laws of the State of Delaware, and its lawful successors, assigns, and transferees. 1.11 Public Way. "Public Way" means the space in, upon, above, along, across, and over the public streets, roads, highways, lanes, courts, ways, alleys, boulevards, sidewalks, bicycle Ianes, and places, including all public utility easements and public service easements as the same now or may hereafter exist, that are under the jurisdiction of the City. This term shall not include county, state, or federal rights of way or any property owned by any person or entity other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such person or entity. 1.12 PSC. "PSC" means the New York Public Service Commission, 1.13 Services. "Services" means the telecommunications services provided through the Network by NextG to its customers pursuant to one or more tariffs filed with and regulated by the PSC and /or individual - case -basis agreements with customers authorized by NextG's tariffs or New York law. 1.14 Streetlight Pole. "Streetlight Pole" shall. mean any standard- design concrete, fiberglass, metal, or wooden pole used for streetlighting purposes. 2 TERM[. This Use Agreement shall be effective as of the Effective Date and shall extend for a term of ten (10) years commencing on the Installation Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this Use Agreement shall be renewed automatically for three (3) successive terms of five (5) years each on the same terms and conditions as set forth herein, Hight -of -way Usc'ltgreelrient City ofBgffalo, NY:: NextG Net of NY, Inc. Page 2 of 10 ilextg buffalo need yolk basic agreement 2.2.ctoc �V � V/) unless NextG notifies the City of its intention not to renew not less than thirty (30) calendar days prior to commencement of the relevant renewal term. 3 SCOPE OP USE AGREEMENT. Any and all rights expressly granted to NextG under this Use Agreement, which shall be exercised at NextG's sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the Public Way exclusively or concurrently with any other person or entity and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the Public Way. Nothing in this Use Agreement shall be deemed to grant, convey, create, or vest in NextG a real property interest in land, including any fee, leasehold interest, or easement. Any work performed pursuant to the rights granted under this Use Agreement shall be subject to the reasonable prior review and approval of the City. 3.1 Access to Public Way. The City hereby authorizes and permits NextG, pursuant to Section 27 of the New York Transportation Corporations Law, to locate, place, attach, install, operate, maintain, control, remove, reattach, reinstall, relocate, and replace Equipment in or on the Public Way for the purposes of operating the Network and providing Services. 3.2 Attachment to Municipal Facilities. The City hereby authorizes and permits NextG to enter upon the Public Way and to locate, place, attach, install, operate, maintain, control, remove, reattach, reinstall, relocate, and replace Equipment in or on .Municipal Facilities for the purposes of operating the Network and providing Services. In addition, subject to the provisions of § 4.1.2 below, NextG shall have the right to draw electricity for the operation of the Equipment from the power source associated with each such attachment to Municipal Facilities. A denial of an application for the attachment of Equipment to Municipal Facilities shall not be based upon the size, quantity, shape, color, weight, configuration, or other physical properties of NextG's Equipment if the Equipment proposed for such application substantially conforms to one of the approved configurations and the Equipment specifications set forth in the Remote Equipment Catalog. Notwithstanding anything to the contrary herein, attachment to Decorative Streetlight Poles shall be discretionary and subject to the City's reasonable approval in each instance. In addition, City agrees to permit NextG to utilize available City -owned fiber strands and /or City- owned conduit for the purposes of operating the Network and providing Services. 3.3 Attachment to Third -Party Property. Subject to obtaining the permission of the owner(s) of the affected property, the City hereby authorizes and permits NextG to enter upon the Public Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace such number of Equipment in or on poles or ether structures owned by public utility companies or other property owners located within the Public Way as may be permitted by the public utility company or property owner, as the case may be. Upon request, NextG shall furnish to the City documentation of such permission from the individual utility or property owner responsible. City agrees to cooperate with NextG, at no cost or expense to City, in obtaining where necessary the consents of third -party owners of property located in the Public Way. A denial of an applicati for the attachment of Equipment to third - party -owned poles or structures in the Public Way shall not be based upon the size, quantity, shape, color, weight, configuration, or other physical properties of NextG's Equipment if the Equipment proposed for such application substantially conforms to one of the approved configurations and the Equipment specifications set forth in. the Remote Equipment Catalog. 3.4 No Interference. NextG in the performance and. exercise of its rights and obligations under this Use Agreement shall not interfere in any manner with the existence and operation of any and all !tight -of -Wad Use Agrce rent City of Buffalo, NY:: Ncx[G Nchitorks of NY, Inc. Page 3 ref 10 iiextg briffalo new York basic agreement 2.2.doc public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television, and other telecommunications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Use Agreement. City agrees to require the inclusion of the same or a similar prohibition on interference as that stated above in all agreements and franchises City may enter into after the Effective Date with other information or communications providers and carriers. 3.5 Compliance with Laws. NextG shall comply with all applicable Laws in the exercise and performance of its rights and obligations under this Use Agreement. 4 COMPENSAXION; UrtLITY CHARGES. NextG shall be solely responsible for the payment of all lawful Fees in connection with NextG's performance under this Use Agreement, including those set forth below. 4.1 Annual Fee. In order to compensate City for NextG's entry upon and deployment within the Public Way and as compensation for the use of Municipal Facilities, NextG shall pay to the City an annual fee (collectively the "Annual Fee ") in exchange for the use of Municipal Facilities as follows: (i) a fee (the "Pole Fee ") in the amount of ($__.00) for the use of each City -owned streetlight or traffic - signal pole, if any, upon which NextG's Equipment has been installed pursuant to this Use Agreement, (ii) a fee (the "Fiber Fee ") in the amount of ($_.00) per foot per annum for each strand of City -owned fiber, if any, that the City permits NextG to utilize hereunder; and (iii) a fee (the "Conduit Fee ") in the amount of - -- - — ($ per foot per annum for each foot of City-owned conduit, if any, that the City permits NextG to utilize hereunder. The aggregate Annual Fee with respect to each year of the term shall be an amount equal to (i) the number of Equipment installations installed on Municipal Facilities during the preceding twelve (12) months multiplied by the annual Pole Fee, prorated as appropriate; (ii) the annual Fiber Fee multiplied by the number of City -owned fiber strand feet utilized by NextG during the preceding twelve (1.2) months, prorated as appropriate; (iii) the annual Conduit Fee multiplied by the number of City-owned conduit feet utilized by NextG during the preceding twelve (12) months, prorated as appropriate. The Annual Fee shall be due and payable not later than forty-five (45) days after each anniversary of the Installation Date. City represents and covenants that City owns all .Municipal Facilities for the use of which it is collecting from NextG the Annual Fee pursuant to this § 4.1. 4.1.2CPI Adjustment, Effective commencing on the fifth (5111) anniversary of the Installation Date and continuing on each fifth (5 anniversary thereafter during the term, the Annual Fee with respect to the ensuing five -year period shall be adjusted by a percentage amount equal to the percentage change in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (All Items, All Consumers, 1982 - 1984 =100) which occurred during the previous five -year period for the [BLS MSA Name] Consolidated Metropolitan Statistical Area. 4.2 Right-of-Way Use Fee. In order to compensate the City for NextG's entry upon and deployment of Equipment within the Public Way, NextG shall pay to the City, on an annual basis, an amount equal to five percent (5%) of Adjusted Gross Revenues (the "bight -of -Way Fee ") payable within thirty (30) days of the Effective Date and on each anniversary thereafter. The Right -of -Way Fee shall be payable Right-of-Way Use Agreement City of Baffalo, NY:: NexiG Netzow'ks of NY, Inc. Page 4 of 10 aexig but rlo ric -zrr fork basic agreemeirl 2.2.doe for the period commencing with the Effective Date and ending on the date of termination of this Use Agreement. NextG shall make any payment of the bight -of -Way Fee that may be due and owing within forty -five (45) days after the first anniversary of the Effective Date and within the same period after each subsequent anniversary of the Effective Date. Within forty -five (45) days after the termination of this Use Agreement, the Right- of-Way Fee shall be paid for the period elapsing since the end of the last calendar year for which the Right -of -Way Fee has been paid. NextG shall furnish to the City with each payment of the Right -of -Way Fee a statement, executed by an authorized officer of NextG or his or her designee, showing the amount of Adjusted Gross Revenues for the period covered by the payment. If NextG discovers any error in the amount of compensation due, the City shall be paid within thirty (30) days of discovery of the error or determination of the correct amount. Any overpayment to the City through error or otherwise shall be refunded or offset against the next payment due. Acceptance by the City of any payment of the Right -of -Way Fee shall not be deemed to be a waiver by the City of any breach of this Use Agreement occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due or from collecting any balance due to the City. 4.3 Accounting Matters. NextG shall keep accurate books of account at its principal office in San Jose or such other location of its choosing for the purpose of determining the amounts due to the City under §§ 4.1 and 4.2 above. The City may inspect NextG's books of account relative to the City at any time during regular business hours on thirty (30) days' prior written notice and may audit the books from time to time at the City's sole expense, but in each case only to the extent necessary to confirm the accuracy of payments due under § 4.1 above. The City agrees to hold in confidence any non-public information it learns from NextG to the fullest extent permitted by Law. 4.4 Electricity Charges. NextG shall be solely responsible for the payment of all. electrical utility charges to the applicable utility company based upon the Equipment' usage of electricity and applicable tariffs. 5 CONSTRUCTION. NextG shall comply with all applicable federal, State, and City technical specifications and requirements and all applicable State and local codes related to the construction, installation, operation, maintenance, and control of NextG's Equipment installed in the Public Way and on Municipal Facilities in the City. NextG shall not attach, install, maintain, or operate any Equipment in or on the Public Way and/or on Municipal Facilities without the prior written approval of the City for each location. 5.1 Obtaining Required Permits. If the attachment, installation, operation, maintenance, or location of the Equipment in the Public Way shall require any permits, NextG shall, if required under applicable City ordinances, apply for the appropriate permits and pay any standard and customary permit fees. City shall promptly respond to NextG's requests for permits and shall otherwise cooperate with NextG in facilitating the deployment of the Network in the Public Way in a reasonable and timely manner. 5.2 Location of Equipment. The proposed locations of NextG's planned initial installation of Equipment shall be provided to the City promptly after NextG's review of available street light maps and prior to deployment of the Equipment. Upon the completion of installation, NextG promptly shall furnish to the City a pole list showing the exact location of the Equipment in the Public Way. 5.3 Relocation and Displacement of Equipment. NextG understands and acknowledges that City may require NextG to .relocate one or more of its Equipment installations. NextG shall at City's Right -of -Way Usc Agrcenrent City of Bujfa[a, NY:: NextG Netroorks of NY, Inc. Page 5 of 10 irexig bujfnln rreur york basic agreement 2.2.doc direction relocate such Equipment at NextG's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a City project; (b) because the Equipment is interfering with or adversely affecting proper operation of City -owned light poles, traffic signals, or other Municipal Facilities; or (c) to protect or preserve the public health or safety, and where the City affords NextG a technically and financially reasonable alternative location for installation of NextG's Equipment. If NextG shall fail to relocate any Equipment as requested by the City within a reasonable time under the circumstances in accordance with the foregoing provision, City shall. be entitled to relocate the Equipment at NextG's sole cost and expense, without further notice to NextG. To the extent the City has actual knowledge thereof, the City will attempt promptly to inform NextG of the displacement or removal of any pole on which any Equipment is located. 5.4 Relocations at NextG's Request. In the event NextG desires to relocate any Equipment from one Municipal Facility to another, NextG shall so advise City. City will use its best efforts to accommodate NextG by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Use Agreement. 5.5 Damage to Public Way. Whenever the removal or relocation of Equipment is required or permitted under this Use Agreement, and such removal or relocation shall cause the Public Way to be damaged, NextG, at its sole cost and expense, shall promptly repair and return the Public Way in which the Equipment are located to a safe and satisfactory condition in accordance with applicable Laws, normal wear and tear excepted. If NextG does not repair the site as just described, then the City shall have the option, upon fifteen (15) days' prior written notice to NextG, to perform or cause to be performed such reasonable and necessary work on behalf of NextG and to charge NextG for the proposed costs to be incurred or the actual costs incurred by the City at City's standard rates. Upon the receipt of a dernand for payment by the City, NextG shall promptly reimburse the City for such costs. 6 INDLMNIFfCATION AND WAIVFR. NextG agrees to indemnify, defend, protect, and hold harmless the City, its council members, officers, and employees from and against any and all claims, demands, Iosses, damages, Iiabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgements, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "bosses ") directly or proximately resulting from NextG's activities undertaken pursuant to this Use Agreement, except to the extent arising from or caused by the negligence or willful misconduct of the City, its council members, officers, employees, agents, or contractors. 6.1 Waiver of Claims. NextG waives any and all claims, demands, causes of action, and rights it may assert against the City on account of any loss, damage, or injury to any Equipment or any loss or degradation of the Services as a result of any event or occurrence which is beyond the reasonable control of the City. 6.2 Limitation of City's Liability. The City shall be liable only for the cost of repair to damaged Equipment arising from the negligence or willful misconduct of City, its employees, agents, or contractors and shall in no event be liable to .indirect or consequential damages. 7 INSURANCE, NextG shall obtain and maintain at all times during the term of this Use Agreement Commercial General Liability insurance and Commercial Automobile liability insurance protecting NextG in an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than Two Million Dollars Righkf f Way Ltse Agreomeat City of Bjiffato, NY:: NexlC; Networks of NY, [tic. Pnge 6 of 10 wxtg bieffato tiew York basic agreement[ 2.2.doc 1', ($2,000,000) annual aggregate for each personal injury liability and products - completed operations. The Commercial General Liability insurance policy shall name the City, its council members, officers, and employees as additional insureds as respects any covered liability arising out of NextG's performance of work under this Use Agreement. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. Claims -made policies are not acceptable. Such insurance shall not be canceled, nor shall the occurrence or aggregate Iimits set forth above be reduced, until the City has received at least thirty (30) days' advance written notice of such cancellation or change. NextG shall be responsible for notifying the City of such change or cancellation. 7.1 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Use Agreement, NextG shall file with the City the required original certificate(s) of insurance with endorsements, which shall state the following: (a) the policy number; name of insurance company, name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts; (b) that the City shall receive thirty (30) days' prior notice of cancellation; (c) that NextG's Commercial General Liability insurance policy is primary as respects any other valid or collectible insurance that the City may possess, including any self- insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance; and (d) that NextG's Commercial General Liability insurance policy waives any right of recovery the insurance company may have against the City. The certificate(s) of insurance with endorsements and notices shall. be mailed to the City at the address specified in § 8 below. 7.2 Workers' Compensation Insurance. NextG shall obtain and maintain at all times during the term of this Use Agreement statutory workers compensation and employer's liability insurance in an amount not less than One Million Dollars ($1,000,000) and shall furnish the City with a certificate showing proof of such coverage. 7.3 Insurer Criteria. Any insurance provider of NextG shall be admitted and authorized to do business in the State of New York and shall carry a minimum rating assigned by A.M. Best 6e Company's Key Rating Guide of "A" Overall and a Financial Size Category of "X" (i.e., a size of $500,000,000 to $750,000,000 based on capital, surplus, and conditional reserves). Insurance policies and certificates issued by non - admitted insurance companies are not acceptable. 7.4 Severability of Interest. Any deductibles or self- insured retentions must be stated on the certificate(s) of insurance, which shall be sent to and approved by the City. "Severability of interest" or "separation of insureds" clauses shall be made a part of the Commercial General liability and Commercial Automobile Liability policies. 8 NOTICES. All notices which shall or may be given pursuant to this Use Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U, S. mail or by overnight delivery service as just described, addressed as follows: Right -of -Way Use Agreement City of Buffirlo, NY:. NextG Nehoorks of NY, hrc. Page 7 of 10 ncatg buf falo mv, york basic agrrerrteirt 2.2.doc a f f l 4 � 4 if to the City: Ct'ty or BUFFALO Attn: NY if to NeXtG: NEXTG NETWORKS OF NY, INC. Attn: Contracts Administration 2216 O'Toole Avenue San Jose, CA 951.31 8.1 Date of Notices, Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the .manner set forth above. 9 TERMINATION. This Use Agreement may be terminated by either party upon forty five (45) days' prior written notice to the other party upon a default of any material covenant or terns. hereof by the other party, which default is not cured within forty -five (45) days of receipt of written notice of default (or, if such default is not curable within forty -five (45) days, if the defaulting party fails to commence such cure within forty -five (45) days or fails thereafter diligently to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, the rights granted under this Use Agreement are irrevocable during the term. 10 ASSIGNMENT. This Use Agreement shall not be assigned by NextG without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and obligations of NextG to a parent, subsidiary, or other affiliate of NextG or to any successor in interest or entity acquiring fifty -one percent (51 %) or more of NextG's stock or assets (collectively "Exempted `transfers ") shall not be deemed an assignment for the purposes of this Agreement and therefore shall not require the consent of the City; however, NextG shall give the City prior written notice that an Exempted Transfer will be taking place. The City shall consent to any Transfer other than an Exempted Transfer, provided that NextG reasonably demonstrates to the City's lawfully empowered designee the following criteria (collectively the "'.Transfer Criteria"): (i) such transferee will have a financial strength after the proposed transfer at least equal to that of NextG immediately prior to the transfer; (ii) any such transferee assumes all of NextG's obligations hereunder; and (iii) the experience and technical qualifications of the proposed transferee in the provision of telecommunications or similar services, evidences an ability to operate the Network. NextG shall give at least thirty (30) days' prior written notice (the "Transfer Notice ") to the City of any such proposed Transfer other than Exempted Transfers and shall set forth with specificity in such Transfer Notice the reasons why NextG believes the Transfer Criteria have been satisfied. The City Council of City shall have a period of thirty (30) days (the "Transfer Evaluation Period ") from the date that NextG gives the City its Transfer Notice to object in writing to the adequacy of the evidence contained therein, If the City Council of City fails to act upon NextG's Transfer Notice within the Transfer Evaluation Period (as the same may be extended in accordance with the foregoing provisions), such failure shall be deemed an affirmation by the City Council that NextG has in fact established compliance with the Transfer Criteria to the City's satisfaction. Right- of-Way Usc Agreement Oily of i3t;ffalo, NY:: NextG Nehrtorks of NY laic !'age 8 of 74 He-Atg buffalo stew fork basic agteeneent 2.2.4or 11 MISCELLANEOUS PROVISIONS. The previsions which follow shall apply generally to the obligations of the parties under this Use Agreement. 11.1 Nonexclusive Use. NextG understands that this Use Agreement does not provide NextG with exclusive use of the Public Way or any Municipal Facility and that City shall have the right to permit other providers of communications services to install equipment or devices in the Public Way and on Municipal Facilities also used by NextG. 11.2 Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Use Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Use Agreement. 11.3 Severability of Provisions. If any one or more of the provisions of this Use Agreement shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be deemed severable from the remaining provisions of this Use Agreement and shall not affect the legality, validity, or constitutionality of the remaining portions of this Use Agreement. Each party hereby declares that it would have entered into this Use Agreement and each provision hereof regardless of whether any one or more provisions may be declared illegal, invalid, or unconstitutional. 11.4 Contacting NextG. NextG shall be avai.Iable to the staff employees of any City department having jurisdiction over NextG's activities twenty -four (24) hours a day, seven (7) days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Equipment. The City may contact by telephone the network control center operator at telephone number 1- 866 -44- NEXT "G (446 -3984) regarding such. problems or complaints. 11.5 Governing Law; Jurisdiction. This Use Agreement shall be governed and construed by and in accordance with the laws of the State of New York, without reference to its conflicts of law principles. If suit is brought by a party to this Use Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of New York, County of Erie or in the United States District Court for the 8 Judicial District of New York. 11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement lead to litigation, the prevailing party shall be entitled to recover its costs of suit, including (without limitation) reasonable attorneys' fees. 11.7 Consent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Use Agreement, such party shall not unreasonably delay, condition, or withhold its approval or consent. 11.8 Representations and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith, except as provided in § 3.2 above. 11.9 Amendment of Use Agreement. This Use Agreement may not be amended except pursuant to a written instrument signed by both parties. 11.10 Entire Agreement. This Use Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or Right-of-Way use Agreement City of &affalo, NY:: NextG Networks of NY, ]lac. Page 9 of 10 nextg buffalo uem York basic agreement 2.2.rloc i y{ understandings (whether oral or written) between or among the parties relating to the subject platter of this Use Agreement which are not fully expressed herein. In witness whereof, and in order to bind themselves legally to the terms and conditions of this Use Agreement, the duly authorized representatives of the parties have executed this Use Agreement as of the Effective Date. City: CITY OF BUFFALO, a New York municipal corporation By: Its: fttatae typedi Date: - 2006 NextG: NEXTG NETWORKS OF NY, INC., a Delaware corporation By: John B. Georges, CEO Date: 2006 I l APPROV17 the form and legality of the foregoing Use Agreement this day of , 2006. City Attorney By Deputy City Attorney Rigid -of -Way Us- Agreement City of lhiffndo, NY. NextG Nehvotks of NY, hic. Page 10 of 70 nextg buffato nrw yark basic agreement 2.2.rtac #I (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx C.C.P. xx/xx /xx) DATE: August 31, 2006 [; Parking on Regent Street [: Item No. 83, C.C.P. 6/13/06 The following is in response to the above mentioned item. A petition of 75% of the property owners in support of a parking regulation change on the affected street is required as a departmental policy. The parking change requested in this item would have an effect on street cleaning and snow plowing operations. JNG /DEK /EDS TYPE DEPARTMENT HEAD NAME: Joseph N. Giambra TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: (cc0 8 3106regentstpkg. doc) REFERRED TO THE COMMITTE ON LEGISLATION. City Clerk's Department BUFFALO September 8, 2006 HON. BYOON 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. 36 PASSED September 5, 2006 Pkg. Within ROW- Penhurst Place- Newman Ctr. Campus Ministry Gerald A Chwalinski City Clerk #1 (Rev. 1193) SINGLE-PAGE COMMUNICATION TO '1'I E COMMON COUNCIL l TO: THE COMMON COUNCIL DATE: August 31, 2006 FROM: DEPARTMENT: Public Works, Parrs and Streets 00003G DIVISION: Engineering SUBJECT: [: Penhurst Place [: Parking Within Right of Way [. Newman Center Campus Ministry PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (It N , C.C_P. ) Reverend Patrick J. 7engierski, Ph. D., Director of the Buffalo State College Newman Center Campus Ministry has requested permission to utilize City right of way on Penhurst Place for a parking area. The parking area would be located on the north side of Penhurst Place beginning at Elmwood Avenue and extending approximately 200' east. This portion of Penhurst would remain open to thru traffic but parking lane would be restricted for Newman Center Campus Ministry functions and visitors. The area reserved for Newman Center parking would be approximately 8' x 200' (1,600 square feet). The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413 -67 ( Encroachment Regulations) of the City Charter and has no objections to the proposed encroachment and proposed usage as it will have no impacts on traffic flow or safety on this low volume street segment. Therefore, the Department of Public Work, Parks and Streets has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for the use of City right of way as a parking area provided the following conditions are met: 1. That the applicant obtain any and all other required City of Buffalo permits. 2. That the applicant be responsible for maintenance of the parking area within City right of way. 3. That the applicant be charged any fee established for similar situations wherein City right of way is utilized as a parking area. 4. That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67(F) of the City Charter. 5. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in all amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintence, use or removal of said parking area. JNG:DEK :MGM:jaz TYPE DEPARTMENT HEAD NAME: Joseph N. Giambra T YPE, TITLE: Commissioner SIGN OF DEPARTMENT HEAD: 3 <, ,f Mr. Bonifacio moved: That the above communication from the Department of Public Works, Parks and Streets dated August 31, 2006 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 Reverend Patrick J. Zengierski, Ph, D., Director of the Buffalo State College Newman Center Campus Ministry, to reserve Newman Center parking on the north side of Penhurst PIace beginning at Elmwood Avenue and extending approximately 200' east. The area reserved for Newman Center parking would be approximately 8' x 200' (1,600 square feet), subject to the conditions as listed above. Passed. S EP 1 8 2006 36 PJ S : rinv t:\wp60\nisword\i-rnv\36c9-5a.cloc K - - I *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK * GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON --- -------- [ ] * 9 D [713 - 6) [ 314 - 71 City Clerk's Department BUFFALO September 8, 2006 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. 37 PASSED September 5, 2006 Perm. Hire Consultant- Coast. Of Salt Storage Facilities -1120 Seneca & 166 Dart Sts. Gerald A Chwalinski City Clerk G #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL T ^ v: T He C0MM0N C0UI`�CIL DATE: Au 1 v, 2 n0 6 FROM: DEPARTMENT: Public Works, Parks & Streets 000031 DIVISION: Commissioner's Office SUBJECT: [: Permission to Hire Consultant [: Construction of Salt Storage Facilities 1120 Seneca & 166 Dart Streets PRIOR COUNCIL REFERENCE (If Any) [: EX. (Item No. CCP ) TEXT The Department of Public Works, Parts & Streets requests permission to hire a consultant to prepare plans and specifications and provide construction administration for the Construction of Salt Storage Facilities. The project is part of the approved 2005 -2006 Capital Budget. Funds are available in Account 38320906. JNGIDEKfPJGfdlg cc: Chris Serafin, Buildings Department Head Name: Joseph N. Giambra Title: Commissioner of Public Works, Parks & Street Signature of Department Head: dw z�� if l J Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 15, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to prepare plans and specifications and provide administration for the Construction of Salt Storage Facilities, 1120 Seneca and 166 Dart Streets. Funds for this project are available in Account 38320906. Passed. P m ml I OF SEP 1 3 2000 PJ&rJnv T:hvp601mswordlrmv137c9 -5 a.doc � V) *AYE* NO * BONIFACIO DAVIS * FONTANA FRANCZYK GOLOMBEK KF.ARNS LOCURTO RUSSELL * THOMPSON [------- - - - - -] [MAJ- S] * g 0 [ 2t3 6 « [ 3(4 - 7 ] ( #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO'flfE COMMON COUNCIL TO: THE COMMON COUNCIL DNI`f -a: Angus[ 1, 2006 PROM: DEPARTMENT. Public Works, Parks & Streets DIVISION: Engineerilig #� SUBJECT R. Conig9ii� PRIOR COUNCIL REFERENCE: (IF ANY) [: #7I of 7/25/06 Our department has bear asked to respond to the above - mentioned item. This item should be referred to the Department of Human Resources JNG:jIj RECEIVED AND FILED TYPE DEPARTMENT HEAD NAME: Joseph N. Gianibra TYPE TITLE: SI GNA TU RE OF DEPARTMENT HEAD Commissioner �,X # 3 (Rev 01/02) Certificate of Appointment 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 person(s) named in schedule "A" have been certified or approved by the Department of Human Resources /Civil Service for the Appointment Effective: August 28, 2006 03 in the Department of Public Works, Parks & Streets Division of Water P� to the Position of Senior Rate Clerk (Permanent, Provisional, Temporary, Seasonal - (Insert One) : Temporary (App)intment, Promotion, Non - Competitive) - (Insert One) : Promotion (Minimum, Intermediate, Maximum, Flat) - (Insert One) : at the: Intermediate Schedule "A" (Enter Starting Salary) : Starting Salary of: $30,267 LAST JOB TITLE: Account Clerk-Typist Name - - -[: Donna Mihalics LAST,' DEPT.: Water DATE: 08/20/06 Address - - -[: 594 Tonawanda Street LAST SALARY: $ 29,269 City & Zip - - - [: Buffalo, New York 14207 Last 4 digits of S.S.N.: XXX --XX - 9309 LAST JOB TITLE: Name - - -[: LAST DEPT.: DATE: / / Address - - -[: LAST SALARY: $ — City & Zip - - -[: Last 4 digits of S.S.N.:XXX -XX- LAST JOB TITLE: Name - - -[: LAST DEPT.: DATE: / / Address - - - [: LAST SALARY: $ — — — City & Zip - - - [: Last 4 digits of S.S.N.: XXX -XX- LAST JOB TITLE: Name - - - [: LAST DEPT.: DATE: / / Address - - - [: LAST SALARY: $ City & Zip - - - [: Last 4 digits of S.S.N.: XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE.: - 53003501 BUDGET ACCT. OBJ.. :- 411001 Proj ID SALARY RANGE OF POSITION .- $ 27,648 - $ 31.153 TITLE CODE NO.: 0021 PERSONNEL REQi N0.: - 47 PER: YEAR X DAY HOUR REASON FOR APPT. ABOVE THE MINIMUM Per Union Contract Ms. Mihalics must receive the closest salary that represents a $250.00 salary improvement. TYPE NAME OF APPOINTING AUTHORITY: TYPE TITLE OF APPT. AUTH. DATE: Joseph N. Giambra Commissioner SIGNATURE OF APPOINTING AUTHORITY O '1 ORIGINAL + 3 COPIES TO: CITY CLER (o&/BEF6AE APP INTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #V- HUMAN RESOURCES /CIVIL SERVICE #7- .BUDGET #8- DEPARTMENT #9- .DIVISION #10- EMPLOYEE(S) u\ 20 FROM THE COMMISSIONER OF POLICE City Clerk's Department BUFFALO September 8, 2006 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. 40 PASSED September 5, 2006 Appr. To Purchase Vehicles According to Adopted Budget. Gerald A Chwalinski City Clerk S INGLE PAGE COMM.UN.ICATION'I'O `1'IIE COMMON COUNCIL TO: THE COMMON COUNCIL: DA`I'F. : August 4 2000 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: f : Re: "Approval to Purchase Vehicles According to Adopted Budget" See CCP ##25 dated July 11, 2006 PRIOR. COUNCIL REFERENCE: (II ANY) f Ex. (ItemN 25, C.C.P. 07/11/06 TEXT: C rYVE SINGLE SPAC BE LOW ] The following is a response to cited CCP: This is to advise that we conducted a review of the Police .Department Fleet and Equipment and hereby report that they are marked to comply with the requirements set forth in the City Ordinance Chapter 53, as will any fleet additions. The only exceptions will be for unmarked vehicles that the Commissioner of Police designates for Police purposes. Any new or reassigned vehicles or equipment will not increase the number of take -home vehicles. The overall size of the Police Fleet will remain constant as new vehicles are placed into service and other vehicles and equipment are taken out of service. Additionally, and no less than annually, we have met with Council staff to review the corrrposition and size of the Police fleet. If you have questions, or further concerns, please feel free to contact nae. HMG /tlo TYPE DEPARTMENT HEAD NAME: H. McCarthy Gipson TYPE TITLE: SIGNATURI OF DEPARTMENT I-IEAD Commissioner of Police Y Mr. Bonifaeio moved: That the above cornmumcation from the Commissioner of Police dated August 4, 2006, be received and filed; and That pursuant to Item No. 25, C.C.P., July 11, 2006 "Approval to Purchase Vehicles According to Adopted Budget ", the Commissioner of Police has reported that the vehicles are marked to comply with the requirements set forth in the City Ordinance Chapter 53, as will any fleet additions. Passed. s L- F 1 8 2000 NIA PJS:rmv t:hvp601mswor&nnv140c9 -5 a. doe I I G �f *AYE* NO * BONIFACIO DAVIS * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * °� THOMPSON [ MAJ - 51 *` g * ` 0 [ z/3 - 6 1 [ 314 - 71 City Clerk's Department BUFFALO September 8, 2006 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. 41 PASSED September S, 2006 Drug Asset Forfeiture Wire Transfers ($22,364.72) Gerald A Chwalinski City Clerk SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL ' I TO: THE COMMON COONC:IL: DATE: August 17 2006 0000 t 1 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: 1: Drug Asset Forfeiture Wire Transfers 1: PRIOR COUNCIL REFERENCE: (IF ANY) 1 :Item No. 104, C.C.P. 212188 Ex. ( Item No. xxx. C.C.P. xx/xx /xx TEXT: (TYPE SINGLE SPCE,_B_.E,LOW 05 -DEA- 458714 C2 -06 -0011 $ 3,457.16 05- DEA - 458715 C2 -06 -0011 1,132.34 05- DEA - 458712 C2 -06 -0011 4,208.89 06- DEA - 464346 C2 -06 -0058 1,234.09 06- DEA - 465388 C2 -06 -0076 1,202,89 06- DEA - 459068 C2 -06 -0018 3,628.48 06- DEA - 464866 C2 -06 -0069 1,975.09 06- DEA - 465089 C2 -06 -0071 4,310.89 06- DEA465103 C2 -06 -0072 1,214.89 TOTAL $22,364.72 The Drug Enforcement Administration (DEA) 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. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training /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: CHIEF DENNIS J. RICHARDS TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD CHIEF QFJNVESTIGATIVE SERVICES New York State Division Of Criminal Justice Services ASSETS FORFEITURE REPORTING PROGRAM STATE OF NEW YORK ) AFFIDAVIT pursuant to Civil Practice Law and ss. Rules 1311(11)(c) COUNTY OF ERIE ) CHIEF DENNIS RICHARDS , as (claiming agent) (claiming authority), being duly (Name) sworn, depose and state that on 07121 & 08/03/2006 , the BUFFALO POLICE DEPARTMENT (Date) (Agency) received WI TRANSFER having an estimated present value of $ 22,364.72 , (check, vehicle, personal property, etc.) (Amount) pursuant to chapter thirteen of Food and Drug Laws (21 U.S.C. 801 et seq.) of the United States and/or chapter four of the Customs Duties Laws (19 U.S.C. f 1301 et seq.) of the United States and/or chapter 96 of the Crimes and Criminal Procedure Laws (18 U.S.C. - 1961 et seq.) of the United States. A DATE: 8 6 Signature CHIEF OF INVESTIGATIVE SERVICES Title On the k day of in the year (N ' (e , before me personally came (D (Month) (Year) 11J /,S /G S to me kndwn, who, being by me duly sworn, depose and say (Name) that e/he is employed by the �� JG: and that s/he (Agency) was authorized by and did execute the above affidavit at the direction of said entity and that s/he signed#>eT /his name thereto. dudtt& M Lo Notary Public riaa�r Notary Public State of Now Yorjr Qualiiied in Erie Couq+� Mail to: )v Cow-mission Expires" 1+�(41 NYS Division of Criminal Justice Services Assets Forfeiture Reporting Program Office of Public Safety 4 Tower Place Albany, NY 12203 COPYRIGHT a 1995 NEW YORK STATE DIVISION OF CRIMINAL. JUSTICE SERVICES (Juty=S) 2006 09:33: 09 :33 :20 CITY OF BUFFALO SCHEDULE OF DEPARTMENT PAYMENTS TO TREASURER PAGE 1 ardptpmt REF #: DEPT /LOC: POLICE DATE: Aug. 17, 2006 RECEIPT DESCRIPTION /REFERENCE ACCOUNT AMOUNT 900453 DRUG ASSET FORF 05DEA 20010000 389001 20010000 389001 3,457.15 20010000 389001 1,132.34 20010000 389001 4 ,208.89 4,234.09 20010000 389001 20010000 389001 1,202 89 20010000 389001 3,628.46 20010000 389001 1,975.09 20010000 389001 4,310.89 1,214.89 * ** RECEIPT TOTAL 22,364.72 TOTAL COLLECTED /TURNED OVER: 22,364,72 REPRESENTING COLLECTION FROM: 08/17/2006 TO 08/17/2006 REF #: ✓ PT /L ?C: POLICE DATE: AU . 1 2006 SIGNATURE: TITLE: DEPARTMENT SUMMARY ACCOUNT DESCRIPTION AMOUNT 20010000 389001 DEA PROP MISC REVENUE 22,364.72 r 0j MARY. LID KEA@ U SDOJ.GO To JWS7ANCHAK @BPD.CI.BUFFAL0.NY.US � V cc 07/25/2606 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 05- DEA- 458714; $6000 MONEYORDERS C2 -06 -0011 - 60% Approved. Payment is in the amount of $3457.16 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 07/21/2006. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.X3002 MARY.LIDKEA@USDOd.GOV 1 t Hate: W L�_ _gJ 2 0 0 5 Investigative Agency: I D.1 E A CaseNu.mber: C2 -06- 0011.. U.S. Department of Justice -Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) For Federal Use Only (For Additional Information - See Instructions) I. s All assets transferred must be used for the law enforcement purpose Asset #: 05 —DEA— 45'3 i� stated in the request. Seizure Date: 10/19/05 Judicial District: NYW s Deadline for submission of this request is sixty (60) bays following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET B0FIaALO NEW YORK 19202 NCIC Cone: [NJ Y 101.11 10 11 I 0 -1© Contact Person: CHIEF ANTHONY BARBA Telephone Number: (716) 851 -4575 Ill. Asset Requested 12 Western Union mone orders 500 denom. ❑ Other assets in the case. (Attach list). Property Description Request Type total value : $ 6 000 10 Item ® Cash/ Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries ® Purchase of Equipment ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) ❑ Other (Please Explain), V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? 0 ❑ B. Were any other assets seized under state law? ❑ 0 C. Were extraordinary expenses incurred? ❑ 0 D. Did your supply any unique or indispensable assistance? © ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ 0 F. How many hours were expended 2 5 . hours FORM DAG -7 t DBC. 90 MARY.LiDKEA @USDOJ.GO To JWSTANCHAK @BPD.Cl.BUFFALO.NY.US ' V cc ' 07/25/2006 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond 33 F:\ The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID## 05- DEA- 458715; 4W.UNIONMONEYORD C2 -06 -0011 - 60% Approved. Payment is in the amount of $1132.34 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 07/21/2006. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.X3002 MARY.LIDKEAQUSDOJ.GOV '9 Date: W W 121010151 Investigative Agency: JDJEJA Case Number: C2 -06 -0011 U.S. Department of Justice Application for Transfer of Federal[y Forfeited Property (For Use By United States Law Enforcement Agencies Only) 1, For Federal Use Only Asset #: 05— DEA--4 58715 Seizure Date: 10/19/05 Judicial District: NYW Case Type: Adoption 0 Joint ❑ (Cheek One) j (For Additional Information -.See Instructions) • All assets transferred must be used for the law enforcement purpose stated in the request. 0 Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. 11. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO, NEW YORK 14202 NCIC Code: I N I Y 10 1 114 1011 „10 101 Contact Person: CHIEF ANTHONY BARRA Telephone Number: (_716) 851 -4575 TIT. AssetRequested Western Union money orders ($500 denom. ) El Other assets in the case. (Attach list). Property Description Request Type total value: $2,000 ❑ Item 0 Cash /Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries © Purchase of Equipment ❑ Other (Pleasi Explain) ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? 0 ❑ B. Were any other assets seized under state law? ❑ IR C. Were extraordinary expenses incurred? ❑ 0 D. Did your agency supply any unique or indispensable assistance? ❑X ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ N F. How many hours were expended? 2 5 hours FORM DAG -7 t DEC. 90 a5j,�3� I J� �j MARY.LIDKEA @USDOJ.GO To JWSTANCNAK @BPD.CI.BUFFALO.NY.US V cc 07/25/2006 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable sharing payment related to CATS ID## 05- DEA- 458712; $7090/00 USC C2 -06 -0011 - 60% Approved. Payment is in the amount of $4208.89 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 07121/2006. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.X3002 MARY.LIDKEA. @USDOJ.GOV Date: W W 12101015 Investigative Agency: tDJEJA CaseNumher: C2 -06 --0011 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) I. For Federal Use Only Asset #: 05 —DEA -4 58 712 Seizure Date: 10/19/05 Judicial District: NYW Case Type: Adoption 0 Joint ❑ (Check One) (For Additional Information - See Instructions) • All assets transferred must be used for the law enforcement purpose stated in the request. • Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO, NEW YORK 14202 NCIC Code: N Y 0 1114 10 1110 10 Contact Person: CHIEF ANTHONY BARBA Telephone Number: 716 851 -4575 III. Asset Requested 090.0_0 U.S. CURRENCY _ ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item ® Cash / Proceeds 62 % IV. Specific Intended Law Enforcement Use: ❑ Salaries -1v © Purchase of Equipment ❑ Other (Please Explain) ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? X❑ ❑ B. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ Q D. Did your agency supply any unique or indispensable assistance? X❑ ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ F. How many hours were expended? 25 hours FORM DAG -71 DEC. 90 MARY. LID KEA@USDOJ.GO TO JWSTANCHAK [a@BPD.Cl.BUFFALO.NY.US ' V cc 07125/2006 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U-S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 06- DEA- 464346, $2132.00 USC C2 -06 -0058 - 60s Approved. Payment is in the amount of $1234.09 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 07/21/2006_ For additional information or support, please contact: MARY LIDKEA. 716.551.4851 ext.X3002 MARY.LIDKEAQUSD0J.GOV Date: W W L-J- ..LJ -1 Investigative Agency: D A Case Number: C2 -06 -0058 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) For Federal Use Only (For Additional Information - See Instructions) e All assets transferred must be used for the law enforcement purpose stated in the request. Asset #: 06— DEA--4 6434 6 Seizure Date: 03/06/06 Judicial District: NYW Case Type: Adoption ® Joint ❑ (Check one) • Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II.. Requesting Agency Name BU)'1~ALO POLICE DEpARTt+fENfi Address: 74 FRANKLIN STREET BUFFALO, NEW YORK 19202 NCIC Code: L I Y 10 1114 10 11.10 0 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: (716) Bbl —4575 _ III. Asset Requested 2 13 2 .0 Q U.S. CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item ® Cash 1 Proceeds �� IV. Specific Intended Law Enforcement Use: ❑ Salaries ® Purchase of Equipment ❑ Other (Please Explain)' ❑ Purchase of Vehicles ❑ {If Pla ce into o U se V. Contributions (If any answer to A thru E is yes, provide details in Part VV Yes No A. Did your agency originate the information leading to the seizure? ❑ B. Were any other assists seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ nx D. Did your agency supply any unique or indispensable assistance? © ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ p'. How many hours were expended 25 _ hours FORM Ok(i -71 DEC. 90 jU MARY.LiDKEA @USDO.l.GO To , JWSTANCHAK@8PD.C1.l3UFFAL0.NY.US -. • V .<F cc 08/08/2006 01:46 PM bcc Subject AFF Equitable Share Automated Email Notification -- DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID## 06- DEA- 465388; $2080.00 USC C2 -06 -0076 - 60% Approved. Payment is in the amount of $1202.89 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 08/03/2006. For additional information or support, please contract: MARX LIDKEA: 716. 551.4851 ext.X3002 MARY.LIDKEA@USDOJ.GOV 3 & "�Atg �" # 7)4415 J�gfj 08/16/2006 12:19 FAY. 7165515160 DEA BUFFALO 1x002 -( i Date: ` 1 0 A 0 Jmvestigative Agency. • . l) E A Case Number: C2 -06 -0076 U.S. Department of Justice Applileatlon for Transfer of .Federally ]Forfeited Property (for Use By United States Zaw Anforcemnent Agencies Only) For Federal Use Only (Far Additional Infarmatlon -See Instructions) I, • All assets transferred most be used for tho law enforcement purpose Asset #: 0 6- Dr-A- 4 6538 8 stated in the request. Seizure Date: 03/27/06 Iudicial District: NYW Case Type: Adoption ® Joiat ❑ (Check tine) 0 DeadUae for submission of this request is sixty (60) days following the seizure, • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single. asset case, for reimbursing the :federal share. II. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO, NEW YORK . 14202 NCIC Code. I N I Y 1 01114 1 0 11101 0 J Contact Person: CHIEF DENNIS RICHARDS TelepheneNwnber: (716) 851 -4575 assets in the case. (Attach Us t). ED Mom t). M. AssetRequested Q8(3 0 , 0[?S U.S. . CURRENCY .r.,...._ - - Property Description Request Type ❑ Item N Cash / Proceeds 60 % W. Specific Intended Law Enforcement Use: ❑ Salaries N Purchase of Equipment ❑ Other Wlease &plain) ❑ Purchase of Vehicles ❑ Place'Into Official Use (If other than Cash) , V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? N ❑ B. Ware any other assets seized under state law? ❑ N C. Were extraordinary expenses incurred? ❑ N D. Did your agency supply any unique or indispensable assistance? N ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ F. How many hours were expended? 25 hours FORM DAU -71 DEC. 90 08/16/2006 12:20 FAX 7165515160 DEA BUFFALO Q003 Case Number. 22 - 06 -0076 U.S. Departmeiat of Justice Application for Transfer of Federally Forfeited PropeM (page 2) VI. Additional space for detailed answers (Include Part to which answer(s) apply) SEIZED: 02/27/06 ADOPTED: 03/27/06 ADOPTIVE NUMBER: 06 -AS -1.98 on 02/21/06, Detectives from the Biuffalo Police De t. executed a New York Stage Search Warrant at 1246 West .Ave., Lower t., Buffalo, NY. Seized were two and one half ounces of powdered cocaine, 10 grams of crack cocaine, scale, packaging material and $2,080.00 in U.S. Currency. Said currency was found inside bedroom closet: next to said cocaine /crack. Arrested was the occupant Tara Lyn HALLM, along with four other non -occ ants, All five defendent:s wero char ed with NYSPL 220.16 -1, CPCS 3rd, 220,16-12, CPCS 3xd and 220.50 -2 Grim. Use Drug Para. 2nd. HALLAM is unem to ed and unable; to legally account" for the $2 USC. It is believed that said currency is p roceeds obtained through distribution of crack cocaine and powderecl cocaine. HALLAM has one previous arrres:t in NY State and one previous arrest in Pennsylvania-non-drug char e5 - (If wore space is required, use a separate sheet ofpaper and attach.) ❑ Yes 2 No VII. Certifications: A. The requestor certifies that the above information is true and accurate, that the property transferred will be used fox the law enforcement purpose stated, and that all monies received pursuant to this request will be deposited and accounted for consistent with applicable state laws, regulations and orders. The requestor agrees to report en the actual use of equitably transferred pro- perty upon request. The requestor agrees to pay fees and expenses necessary to effect transhr of title no later than the time of transfer. The requestor understands that if it is unable to pay the necessary fees and expenses at the time of transfer, the asset will be sold and the maximum percent of net sale proceeds will be awarded in "lieu of the asset. Date L cxp Signature 1 Title ]� Date Address: --7 Telephone Number: (""I As legal counsel, I have reviewed this AAppheation for Transfer of Federally Forfeited Property and l ced;fy that the contact person identified in fart II has the authority to accept forfeited K aid is the official to whom transfer � documents and/or money should be delivered. \ '<) ---- MARY.LIDKEA @USDOJ.GO To JWSTANCHAK @BPD.CI. BUFFALO. NY. US V cc 08/08/2006 01:46 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 06 -DEA- 459068; $6354.00 USC C2 -06 -0018 60-W Approved. Payment is in the amount of $3628.48 to BUFFALO POLICE DEPARTMENT, wire transferred to your account an 08/03/2006. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.X3002 MARY.LIDKEAOUSDOJ.GOV Date: W W I I I Investigative Agency: I D I E A CaseNumher: C2 -06 -0018 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Latin Enforcement Agencies Only) For Federal Use Only 1. Asset #: 0 6 -DEA -4 5 906 8 Seizure Date: 11/02/05 Judicial District: NYW Case Type: Adoption ❑X Joint ❑ (Check One) (For Additional Information - See Instructions) 0 All assets transferred must be used for the law enforcement purpose stated in the request. • Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO NEW YORK 14202 NCIC Code: I N f �Y 10 1 1 14 10 1110 101 Contact Person: CHIEF ANTHONY BARBA Telephone Number: ( 716 ) 851-4575 III. Asset Requested $ 6 , 354 .0 0 U.S. CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item © Cash 1 Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries Q Purchase of Equipment ❑ Other (Please Explain): ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? 0 ❑ B. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ FRI D. Did your agency supply any unique or indispensable assistance? ❑X ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ n F. How many hours were expended _25 hours FORM DAG -71 DEC. 90 MARY. LIDKEA @USDOJ.GO To JWSTANCHAK @BPD.CI.BIJFFALO.NY.US V cc 08/08/2006 01:46 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CAT'S ID# 06- DEA- 464866; $3.367.00 USC C2 -06 -0069 - 60% Approved. Payment is in the amount of $1975.09 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 08/03/2006. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.X3002 MARY.LIDKEA @USDOJ.GOV 4 Date: _U1 I 1 2 0 fl 6 Investigative Agency: LUELAJ Case Number: 02-06 -0069 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) I. For Federal Use Only (For Additional information - See Instructions} 0 All assets transferred must be used for the law enforcement purpose stated in the request. Asset #: 06 -DEA -4 64 8 66 Seizure Date: 03/17/06 Judicial District: NYW Case Type: Adoption © Joint ❑ (Check One) s Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name: BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO NEW YORK 19202 NCIC Code: IN I Y 10 1114 10 j 1j 0j-0j Contact Person: CHIEF DENNIS RICHARDS Telephone Number: 716 851 -4575 CURRENCY ❑ Other assets in the case. (Attach list). III. Asset Requeste Property Description Request Type ❑ Item ® Cash/ Proceeds 60 IV. Specific Intended Law Enforcement Use: ❑ Salaries ® Purchase of Equipinent ❑ Other (Please Explain)' ❑ Purchase of Vehicles ❑ Place I nto O ff Cash) U se V. Contributions (If any answer to A thru E is yes, provide details in Part W) Yes No A. Did your agency originate the information leading to the seizure? ® ❑ B. Were any other assets seized under state law? ❑ El 0 C. Were extraordinary expenses incurred? D. Did your agency supply any unique or indispensable assistance? ® ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ F. How many hours were expended - 55 hours FORM BAG-71 DEC. 90 MARY.LIDKEA @USDOJ.GO To JWSTANCNAK @BPD.CI. BUFFALO. NY.US V cc 08/08/2006 01:46 PM bcc Subject AFF Equitable Share Automated Email. Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS TD# 06 -DEA- 4650$9; $7260.00 USC C2 -06 -0071 - 60°s Approved. Payment is in the amount of $4310.89 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 08/03/2006. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.X3002 MARY.L,TDKEA @U5DOJ.GOV 6 6 , Date: L_...f 1 1 1 2 0 0 6 Investigative Agency: JDJEJA Case Number: C2-06 -0071 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) I. For Federal Use Only (For Additional Information - See Instructions) • All assets transferred must be used for the law enforcement purpose stated in the request. Asset #: 06- DEA--4 6508 9 Scizure Date: 03/21/06 Judicial District: NYW Case Type: Adoption ® Joint ❑ (Check One) • Deadline for submission of this request is sixty (60) days following the seizure. • The requesting ' agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. Il. Requesting Agency Name: BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO NEW YORK 14202 NCIC Code: I N 1 Y 1 01114 101110 10 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: 716 851 -4575 III. Asset Requested 7 2 60.0 0 U . S . CURRENCY Other assets in the case. (Attach list). Property Description Request Type ❑ Item ® Cash/ Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries ❑ Purchase of Vehicles ® Purchase of Equipment ❑ Place Into Official Use (If other than Cash) ❑ Other (Please Explain)- V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? ® ❑ B. Were any other assets seized under state law? ❑ IR C. Were extraordinary expenses incurred? D. Did your agency supply any unique or indispensable assistance? © ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ F. How many hours were expended - 2 5 hours FORM DAG -71 DEC. 90 MARY.LIDKEA @USD0J.G0 To JWSTANCHAK @BPD.CI. BUFFALO. NY.US V cc 08/08/2006 01:46 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 06- DEA- 465103; $2100.00 USC C2-06 -0072 - 60% Approved. Payment is in the amount of $1214.89 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 08/03/2006. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.X3002 MARY.LIDKEA @USDOJ.GOV oVa� r Date: LLJ ! _ _ 1- _l 2 0 0 6 Investigative Agency: JDJEJA Case Number: C2 -06 -0072 U.S. Department of Justice I. Asset #: 0 6- DEA- 4 6 510 3 Seizure Date: 03/21/06 Judicial District: NYW Case Type: Adoption ® Joint ❑ (Check One) • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name: BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFO NEW YORK 14202 NCIC Code: M Y 10 1114 1.011 OLO„f Contact Person: CHIEF DENNIS RICHARDS Telephone Number: 716 851 -4575 III. Asset Requested 2 100.0 0 U . S . CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item ® Cash I Proceeds 60 o/ IV. Specific Intended Law Enforcement Use: ❑ Salaries (0 Purchase of Equipment ❑ Other (Please Explain)• ❑ Purchase of Vehicles ❑ Place I r O ficial Use V. Contributions (If any answer to A thru E is yes, provide details in Part YI) Yes No A. Did your agency originate the information leading to the seizure? ® El B. Were any other assets seized understate law? El C. Were extraordinary expenses incurred? ❑ D. Did your agency supply any unique or indispensable assistance? ® ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ F. How many hours were expended.,.. 2 hours Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) For Federal Use Only (For Additional Information - See Instructions) • All assets transferred must be used for the law enforcement purpose stated in the request. • Deadline for submission of this request is sixty (60) days following the seizure. FORM DAG -71 DEC. 90 Mr. Bonifacio moved; That the above communication from the Commissioner of Police dated August 17, 2006, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to deposit the funds received by the Police Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001 in the total amount of $22,364.72, Passed. P.15: rmv JAPPROVtD tAwp601mswordlrmvW I0- 5a.doe I- 0FP 1 8 2006 *AYE* NO * BONIFACIO DAVIS * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * RUSSELL THOMPSON * * * [MAJ- 51 g * 0 [ 2/3 _ 61 [314 - 7] City Clerk's Department BUFFALO September 8, 2006 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. 42 PASSED September 5, 2006 Permission to Accept Var Grants & App. Interfund Loan Gerald A Chwalinski City Clerk #2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: 'r][I , COMIMON COUNCIL. DATE: August 3I, 20016 '' FROM: DEPARTMENT: Buffalo Police Department Ooo DIVISION: Grants SUBJECT: [Permission To Accept Various Grants Awarded To Department Fisted Below And Approval For Appropriate Interfund Cash Loans] ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example ( Item No.xx C.C.P. xxlxx /xx TEXT: ('TYPE SINGLE SPACE BELO As you are aware, the Buffalo Police Department continues to be successful in securing grant funding through various sources. We have received official verification and confirmation from the County, State and Federal Governments as to these awards. Therefore, in order to keep within the practices of our grant processing, especially in this time of critical need for funds, we are asking permission from your Honorable Body and Buffalo's Fiscal Stability Authority for the Mayor to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an interfund cash loan for all non - personnel expenses until such reimbursements are secured by the funding source (County, State, "Fels "). We have listed the amounts under each identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant programs. As you are aware, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore create a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints Therefore, we would appreciate your approval at the next meeting. STOP DWI Grant Program We are requesting authorization for the Mayor to enter into the 2007 renewal agreement between the City of Buffalo and the County of Erie under the STOP DWI Grant Program for the period January 1, 2007 through December 31, 2007. The City of Buffalo and the County of Erie have had these annual contractual agreements over the last several years whereby the City is reimbursed for efforts in the enforcement of alcohol and /or related traffic violations. Under this agreement, the City will be reimbursed by the County for up to 65% of all revenue generated from fines levied resulting from the disposition of alcohol- related traffic offenses. These funds are then utilized to continue enhancing the Department's DWI enforcement activities. Under this particular grant, there is no City Match and no interfund cash loan request. D72 I ( 1 #2- Page 2 (Rev, 1/93) page # 2 T EXI CO1lTINUAT:ON: ( TY'P'E ITNGlL SP i3ELi3'dr NYS MOTOR VEHICLE THEF UINSURANCE FRAUD PREVENTION GRANT — Again, we are asking for authorization for the Mayor to enter into a renewal agreement between the City of Buffalo and the Department of Criminal Justice Services under the State's Motor Vehicle Theft and Insurance Fraud Prevention Program for the period 01 -01 -07 through 12- 31 -07. Our potential award will range between $80,000 and $150,000 and the expenditures under this grant project will cover reimbursement for a Detective's position as it relates to the incidence of automobile thefts and correlated crimes (including overtime, if applicable) and training expenses. We are requesting an interfund cash loan for all non - personnel expenditures (training expenditures pertinent to this initiative) until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. There is no City Match involved with this grant OPERATION PROTECT KIDS CIGARETTE GRANT — This renewal grant was awarded to the County of Erie under the New York State Department of Health's Youth Tobacco Enforcement and Prevention Grant and will run through September 30, 2007. Under this renewal agreement, the County will reimburse the City of Buffalo the sum of $40.00 for every completed compliance check of merchants who sell tobacco products. Using underage operatives as decoys, compliance checks have been conducted to see if active enforcement of New York State Public health Laws reduces the availability of tobacco products to children. Another focus of this project has been to educate local business owners with licenses to sell tobacco products as to the law, and how this law must be enforced. Merchants who have been found violating this law and allowed the operative to purchase tobacco products, are to be subjected to penalties imposed by the Health Department, which may include fines. The City of Buffalo will receive 50% of any fines levied in order to continue the efforts to reduce tobacco sales to minors. BUFFER ZONE PROTECTION INITIATIVE — As part of the US Department of Homeland Security's many initiatives, the City of Buffalo, through its Police Department, has the potential for a funding award of $189,000 to be utilized to purchase equipment to enhance protective security measures and infrastructure protection for key assets and critical infrastructures, especially focusing on sites identified by New York State as meeting the federal definition of "Critical Infrastructures," through the Weapons and Mass Destruction Buffer Zone Protection Plan. The funding can be utilized for authorized equipment purchases only. The grant period will cover twenty -four months and there is no City match involved with this grant initiative. The premise behind this particular initiative is to support outside perimeter protection of identified critical infrastructures /key assets by developing effective protective measures that make it more difficult for terrorists to conduct surveillance or launch attacks within the immediate vicinity of high priority potential targets. We are requesting an interfund cash loan for all non - personnel expenditures (equipment expenditures pertinent to this initiative) should the need arise until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. There is no City snatching requirement. �c 92- Page 3 (Rev. 1193) �F CONTINUATION: `j [�� (-1 �; cE p #t 3 TE ( m }. . i.711\ SPA BELOW BULLET PROOF VEST REIMBURSEMENT: Again, through its Department of Police, the City is entitled to receive up to 50% reimbursement, which in turn will then be prorated between $80,000 and $120,000, for the authorized purchase of bullet proof vests that comply with the requirements of the Office of Justice Programs' National Institute of Justice. Reimbursement is handle online and the City will receive a direct payment once proper reimbursement steps are electronically initiated. OPERATION IMPACT III The Buffalo Police Department is respectfully authorization for the City to accept funds, totaling $660,982, from the NYS Division of Criminal Justice Services as part of Operation Impact Year 3 covering the grant period of 711106 through 6/30107. Operation Impact is part of a comprehensive strategy in New York State to reduce violent crime involving gangs, guns and drugs through integrated anti -crime teams. Buffalo's strategy includes coordination with federal (ATF, FBI, DEA, US Marshal) state (NYS Police) and local law enforcement (Buffalo Police, Erie Co. Sheriff Dept, Central Police Services, NFTA, Housing) as well as Probation, Parole, the US Attorney's Office, and the District Attorney's Office. This year, unlike last year, awards were competitive throughout NY State, and also, the State will reimburse the City of Buffalo directly for the $660,982. This year, there is no match requirement. The funding award will be utilized as follows: $125,367 -- Continuation of coverage for the salary /fringes of 3 Report Technicians rehired 2 years ago (Please note it is a mandate of this grant that law enforcement agencies receiving funds must submit UCR Part I crimes to DCJS by 30 days following end of month and because we were able to rehire these 3 Report Technicians, we have been able to keep up with this requirement under the Year One/Two Grants. $63,069 - Salary /Fringes from 2 o Crime Analyst since we are moving toward COMPSTAT .Process, and work load will increase since there are over 40,000 crime incidents and close to 300,000 calls for service annually. In addition, DCJS mandated strong focus on crime analysis and intelligence gathering under this year's grant. Mapping, analytical software, and statistical analysis are critical in identifying threats and opportunities for intervention such as: "hotspots ", peak periods, suspect/victim relationships, and vulnerable places, which will be key to driving our strategies. Therefore, initiating the COMPSTAT process, while analyzing timely and accurate date, which will ultimately then be shared with Buffalo Police's internal command, with IMPACT partnership members, with Chief of Police from our first -ring suburbs, and also, regionally with other law enforcement partners within Western New York area will require adequate resources for execution and evaluation. The grant is requiring additional crime analysis responsibilities, and in order to carry them out responsibly, we need an additional crime analyst $42,392.84 - 25% reimbursement 2 School Resource Salaries /Fringes as they support the "specific deterrence" strategy under IMPACT III as these officers will provide Gang Resistance Education and Training directed at middle schoolers in high crime areas $296,499.16 Overtime reimbursement (will not cover FICA /Pension this year (unlike last year) for participating with federal/state enforcement agencies to serve warrants, work homicides #2- Page 4 (Rev. 1193) page # 4 T EXT _ ( T Y PE r SI :, �C�t;,1 il"OW i1;�ii CONTINUATION: 1�t 1, �INC�I.i� SPACE ,.,. including cold cases, narcotics activities, wiretaps, utilizing license plate reader, strike force overtime, field intelligence operations, gun interdiction team, $23,654 — Equipment. Hardware (Monitors, Mounts, Projector Screens) for presentation room for COMPSTAT Process, lap top for presentations, Computer Server) $5,000 (mandatory amount per DCJS) — "Technical Training/Travel to same — NYS is holding training presentations and mandatory attendance required at same through this grant; also includes travel funds to view COMPSTAT set -tip $75,000 SUNY Buffalo for mandatory outcome based grant evaluation, data /statistical audit zeroing in on locations within BPD as it relates to gang member information /activity, violent crime, statistical data, etc. Three (3) research assistants will be responsible building capacity for crime analysis in the Buffalo Police Department under Operation Impact. A research assistant from the UB Geography Department will be assigned 20 hours a week to the Buffalo PO Crime Analyst to assist with crime analysis, crime mapping and other types of projects under Operation Impact; 2 " Research Assistant, will also be from UB Geography Department to assist Buffalo with the Central Police Services county -wide crime mapping, will also assist BPD Crime Analysts with Operation IMPACT analysis from county -end, for inclusion in the COMPSTAT .Process as data from first ring suburbs is part of process, and will also serve as liaison between the Buffalo Police Department Crime Analysts and the County's Central Police Services. A 3 " Research Assistant will continue with Phase 11 of Data /Information Flow Audit for BPD which began under IMPACT Year II. The purpose of Phase I was to create a picture of where data and information reside in the department and in agencies that work closely with the department. In Phase It of the project, the UB researchers have been asked to help to establish a system within the department so that users know what information is available, who should have access to various kinds of information, and where to get information (for both internal and external customers). The BPD has a new records management system, CHARMS, run by Erie County Central Police Services, that has the capability of producing reports tailored to the needs of end users. The BPD now also has access to several other information systems (e.g., RICI, Juvenile Justice System, e- Justice) at both the county and state levels. The research team has been working closely with CPS to understand the capabilities of each of these systems and will be making recommendations for how best to make sure that managers and supervisors in the department know what information exists, know how to access it, know how to get authorization for others to access the system, and know who to contact for assistance. Phase II will also include assisting in the development of a single point of contact or node for questions regarding where information resides, either as an online database accessible to all users or as a staffed office within the department or both. All research assistants will also assist with final evaluation of the Impact strategies, including measurement of crime, 911, and firearms data. $25,000 Sub- agreement with City's Department of Community Services Youth Impact Work Opportunity - Operation Impact III is collaborating with The Buffalo Youth Impact Project, another DCJS grant awarded to the City to provide jobs for at -risk or high -risk youth within selected neighborhoods in the City of Buffalo, who are receiving services from the Buffalo Youth Impact Program. The young people in the Buffalo Youth Impact Project are currently on probation for involvement for violent behavior criminal acts including gun charges. This collaboration will provide jobs for up to 12 youth that reside in designated "hot spots" which include the neighborhoods in zip codes 14204, 14211 and 14215, which are targeted areas under the current Youth Impact Grant. 0� #2- Page 5 (Rev. 1193) Cf Page # 5 TEXT CONTINI X11ON: ( TYPE SINGLE SPACE BELOW $5,000 Sub- agreement with City's Save Our Streets Program for securing title searches and appraisals required for the forfeiture of property for federal civil asset forfeiture litigation through US Attorney's Office. We are asking for an interfund cash loan in the amount of the $133,654 as a safeguard in the event we cannot get the 25% advance, which covers all non - personnel expenditures until such time that reimbursement is secured from the DCJS; we are not seeking an interfund loan for any personnel reimbursement. The interfund loan would then be repaid as the reimbursements are sent to the City from the "feds" under this grant project. GREAT (Gang Resistance Education And Training) — The City of Buffalo has been awarded $21,600 to participate in the GREAT Program. This program instructs middle /high school students as to the dangers of gangs through education and prevention strategies, and which will tie into the Department's Operation IMPACT" III Grant. The funding is broken down as follows: $15,120 will cover 25% base salary of one SRO assigned to GREAT Training, in addition to $1,000 for training videos (i.e., Drama Queens/Tough Guys), $3,600 will be utilized for promotional supplies supporting GREAT activities ('T- shirts, self esteem certificates, pencils, class materials, etc.), and $1,880 for required training, especially a focus in family component training. In addition, this year, for the first time ever, there is a required City match of .10 %,,. The Police Department will be covering $2,160 of the SROs fringes as result of participation under this grant. We are asking for an interfund cash loan in the amount of the $6,480, which covers all non- personnel expenditures until such time that reimbursement is secured from the Bureau of Justice; we are not seeking an interfund loan for any personnel reimbursement. The interfund loan would then be repaid as the reimbursements are sent to the City from the "feds" under this grant project. Domestic Violence Grant To Encourage Arrest Policies and Enforcement of Protection Orders - In January, Buffalo Police was called by the County of Erie's District Attorney's Office to assist them to continue with the Buffalo /Erie County Stopping Abuse in the Family Environment Initiative (BE -SAFE) as there was some glitch within Erie County and the County could not apply for this grant directly. The fonder, STOP Violence Against Women stated that the City of Buffalo could apply on behalf of Erie County for this Grant. The award is in the amount of $766,150 — It involves funding for Domestic Violence District Attorney /Senior Caseworker, Training (including law enforcement), some equipment/supplies,(printer, ink cartridges, photo paper), and funding for sub - agreements with other partners: University of Rochester (evaluation /data analysis), Child and Family Services (Haven House - women's shelter), Hispanics United of Buffalo, and the International Institute. If the City did not assist Erie County with the filing of this grant, the County of Erie would have lost it. So Buffalo Police was being a cooperative partner because domestic violence obviously cannot be ignored. No Matching Requirement. DRUG INTERDICTION/POINTS OF ENTRY (POE) — Once again, the Police Department is being a "collaborative" partner within the community. The State has also renewing a contract with the City under the Points of Entry Grant. Buffalo Police no longer receives funding because we receive IMPACT funds. However, #2- Page 6 (Rev. 1/93 page #6 � TEXT CON"T'INUA'T"ION: ( TYPE SINGLE SPACE BELOW through the N1 TA received this funding from the NYS Department of Criminal Justice Services, and it has been tied in with Operation IMPACT. As you are aware from previous years, the City of Buffalo acted as a conduit agency to receive funds earmarked for the NFTA Police Department as federal statutes and regulations prohibit the direct transfer of grant monies to any agency that is not a "taxing entity." We have been notified that the NF1 A will receive $49,145 for their Year 12 Grant,which began January 1, 2006 through December 31, 2006. Under this grant, we will forward the $49,145 as their share of grant funding when we are reimbursed by the State. 2006 TRAINING GRANT TO STOP ELDER ABUSE — The Buffalo Police Department is part of a collaborative grant with the Office of Court Administration for addressing abuse and sexual assault against older individuals. The Department will be sending officers from our Police Training Academy for "train the trainer" training, as well as training patrol officers about this subject matter. It is our understanding that we will receive $54,000 to cover overtime for this training. No City Matching requirement. DCJS JUSTICE ASSISTANCE GRANT — The NYS Department of Criminal Justice Services has awarded the Buffalo Police $7,500 to purchase equipment necessary to videotape and electronically record interviews and interrogations of persons of interest in sex offense crimes. There is a City Matching requirement of $833.00 (10 %) and Department will utilize asset forfeiture money to alter room to accommodate this purpose. We are asking for an interfund cash loan in the amount of the $7,500, which covers all non - personnel expenditures until such time that reimbursement is secured from the State. The interfund loan would then be repaid as the reimbursements are sent to the City from the "feds" under this grant project. GOVERNOR'S TRAFFIC SAFETY EAR 11 - Once again, the City Buffalo has applied for $40,320 in renewal grant funding under the Governor's Traffic Safety Grant Program through our participation with the County of Erie's Governor's Traffic Safety Regional Planning Committee. Through this project, a heavy emphasis is being placed on general safety by addressing speed enforcement and aggressive driving behaviors that have been determined regionally by this committee as a major problem (whereby the City of Buffalo is represented, as are the surrounding suburbs). Under this year's grant, we have requested reimbursement for overtime for each of the five (5) Police Districts to specifically pursue and address speeding/aggressive driving behaviors in identified trouble spots. There is no City Match involved with this grant. URBAN AREA SECURITY (UASI) YEAR 4 -As you are aware, the City of Buffalo, County of Erie, and Niagara County have been awarded grant funds for a fourth (2006) under the Urban Area Security Initiative(UASI) from the US Department of Homeland Security for urban area security and homeland preparedness, totaling $3,710,000. Also, as you know, this region has been cut close to 50 % and we are on sustainment, which the leadership, both locally and regionally is trying to address. The City of Buffalo's share of funding is a total of $1,449,990; the County's share is $1,425,066, Niagara County's share is $834,944, and New York State waived their 20'%. #2_ Page 7 (Rev. 1/93) page # 7 TEXT CON'TINUATION: ( TYPE S:INGLt SPACE BELOW As it has been our standard practice, we are asking for approval by your Honorable Body for me to accept these funds on behalf of the City and accept the expenditures itemized below. Be advised, that because of all the bureaucracies involved with the release of the homeland security funding, we are spending down all of the monies at the same time and the processes involved are time consuming and lengthy. The City's breakdown of funding is as follows: Division of Water ($50,000): $50,000 — Continuation: Perimeter Security /Target Hardening Fire Department ($621,190): $20,000 - Fire Overtime Yellow Alert $50,000 - Fire OT Urban Search /Rescue — training /backfill $25,000 - Fire Planning OT $10,000 — Fire OT for training on equipment secured (AEL mandated) $150,000 — Fire Training /OT backbll for Structural Collapse Training Fire Department (continued) $30,000 — Fire National Incident Management Training $25 — Fire CBRNE Training $21,000 — Cell Phone Service $ 6,000 — Hand Tools $ 5,000 — Reference Materials /Technical Guides $ 500 — Hearing Protection $ 2,500 - Transporting Field /Operation Cart $15,000 — Protective Structural Firefighting Gloves $50,000 — Marine Surface Rescue Equipment (floating stokes, flotation devices, etc.) $17,000 — Protective Structural Firefighting Hoods $23,000 — Protective Structural Firefighting Helmets $25,000 — Breathing Compressor $ 4,190 — Personal Hydration System $ 7,000 — Electrically Powered Rescue Tools $135,000 — Travel /Tuition for Training: Urban Search Rescue Structural Collapse Course City Hall ($278,$80) $125,000 — Continuation: Security Project (includes alteration /renovation) $117,550.25 — Continuation: Salary /Fringe Benefits (4/1/06 — 6/30/08) for City's Homeland Security Planning /Emergency Management Coordinator $33,000 (part of 2.5% mandatory cap) — Continuation: Salary /Fringe Benefits (4 /1/06 — 6/30/08) for City's Homeland Security Fiscal Compliance Manager $ 3,249.75 (part of 2.5% mandatory cap) — Administrative TravellTraining — Attendance at required UASI conferences /technical training Police Department ($500,000) $125,000 Police Yellow Alert Overtime $ 2,000 Enforcement Planning Overtime $ 50,000 Police OT for Regional Exercise Activity $100,000 Police CBRNE/NIMS Training Overtime /Backlill $ 18.000 Police Planning OT for Citizen Preparedness Activities r #2- Page S (Rev. 1193) T.ugc # 8 TEXT CONTINUATION: ( 'TYPE SINGLE SPACE BELOW $ 50,000 Police Cellular Phone Service $150,000 Citizen Preparedness Coordinator Initiative $ 5,000 Police CBRNE /NIMS G &T Sponsored Workshops (Department Homeland Security) This completes the City of Buffalo's direct share of contractual funding for 2006 ($1,449,990). Again, we are asking for permission for the City to accept this award, and also, authorization for an interfund cash loan covering all non - personnel expenditures should the need arise. The Ioan would then be repaid as the reimbursement is sent from the State under this special initiative. This particular grant application process has been very long and bureaucratic with the State and the processing of this grant information has been difficult due to the complexity of the different entities involved, the fact that the City has four UASI grants running simultaneously (we are nearing the closing of Years One /Two) Also, for your information, the Buffalo Police Department will be securing reimbursement from the FBI for any overtime worked by the Detectives assigned to the Joint Terrorism Task Force and the Safe Streets Task Force, which to date, will not exceed $30,288, and from the US Marshall's Office in the amount of $7,597.87. Again, we are asking for permission for the Mayor to accept all of this funding, and in addition, and where applicable, authorization for an interfund cash loan covering all non- personnel expenditures should the need arise. We try to secure all the required grant information in a timely manner, however, the reality is that is always not possible, and as a result, we find ourselves in a position of having to process things, such. as this request, extremely quickly in order to follow our own governmental procedures. We need your immediate approval due to the various timetables, and also, we are presenting this to the Control Board at their September 28th meeting, which we cannot do until we secure your approval. If you have any questions or require further clarification of the above, please contact Inspector Joseph Strano at 851 -4879 or Captain Mark Makowski at 851 -5543. Thank you for your immediate attention to the above. HMcCG:mao TYPE DEPARTMENT HEAD NAME: H. McCarthy Gipson TYPE. TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: I�!'1 Mr. Bonifacio moved: That the above communication from the Commissioner of Police dated April 31, 2006, be received and filed; and That the Mayor, Buffalo Fiscal Stability Authority and the Commissioner of Police, be, and they hereby are authorized on behalf of the City to secure grant filnding through various sources of the grants listed above. That the Comptroller be, and he hereby is authorized to provide an interfund cash loans for all non-personnel expenses until such reimbursements are secured by the funding source (County, State and Federal). Passed. 41A PIS:rmv A rm "PROVED t:lwp60\tnswordV mv14I ac9- 5a.doc _ SEP 1 8 2006 *AYE* NO BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON -------------- [MAJ - 5 9 0 [2/3 6] . [3/4 7] #2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: August 31, 2006 FROM: DEPARTMENT: Police Department DIVISION: Administration /Grants SUBJECT: [ "Model" Quality of Life Center] ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Item No. 31 C.C.P. 07/20/06 TEXT: (TYPE SINGLE ,SPACE BELO)D As you are aware, on May 24, 2006, members of the Buffalo Police Department as well current Citizen Preparedness Coordinators met with your Honorable Body to discuss information as it related to the former COPS Satellites which are now currently utilized as Citizen. Preparedness Centers due to a change in grant funding. You requested ideas and suggestions for a model program to deal with quality of life issues, since the current Citizen Preparedness Coordinators can no longer work on quality of life issues without jeopardizing the UASI grant that funds the current positions. Since that meeting, and as verified by the most recent letter sent to your Honorable Body dated duly 19, 2006, meetings have been held to put together the requested draft. The following information is the result of the various entities working together: MODEL QUALITY OF LIFE CENTERS I. Mission: Assist all stakeholders in the City of Buffalo with addressing quality of life issues and provide educational trainings in crime prevention, emergency preparedness, neighborhood organizing, and problem solving. H. Responsibilities 1. Address quality of life issues 2. Conduct trainings 3. Work with all stakeholders & develop community contacts 4. Organize problem solving sessions to address low level crime and disorder problems, quality of life problems 5. Keep current on trainings, materials, etc b. Coordinate events (i.e., Great American Clean Up National Night Out, Holiday parties for community /children) 7. Organize block groups, tenant associations, business associations 8. Provide Crime Prevention information t Due #2- Page 2 (Rev. 1193) page # 2 TEXT CONTINUATION: ( TYPE SINGLE SPACE BELOW 9. Develop new materials, informational brochures, fliers, power points 10. Work with immigrant/refugee populations 11. Maintain professional memberships & certifications 12. Coordinate all related activities with local government 13. Document all activities & maintain records 14. Maintain professionalism and adhere to policies /procedures /protocols of hiring agency. III. Job Requirements I . Background check (NYSPIN and local) 2. Resume - updated 3. Hold NYS Certification (current) as a Crime Prevention Specialist 4. Sign Confidentiality Agreement and all work related protocols 5. Possess High School DipIoma/GED. Preference given to applicants with two years of college, military and /or equivalent work experience 6. City of Buffalo resident (proof of residency required) 7. Valid NYS Drivers license. Vehicle preferred 8. References required (professional and personal) 9. Flexible schedule (some weekends, evenings required) 10. Possess strong community engagement skills IV. Operations of Quality of Life Centers • Staffed by civilians • Regular contact with other City Departments and services such as police, housing inspections, parking enforcement, etc. • Often times, funded by grants (need to ID sources) • Located at Community Centers that would provide space in exchange for assistance with some programming, events such as the Great American Clean Up, National Night Out, etc. • Coordinated with Office of Citizen Services, Council Staff, BPD, Housing Court Liaisons, Good Neighbor Planning Alliances (GNPAs), Buffalo Weed and Seed; coordinate with various city services such as inspections for referrals, recording of complaints & requests, etc. to make sure info captured by CitiStat; coordinate tasks and to avoid duplication of services • Resource for Council members • Coordinated with Erie County CAO and Erie County Board of Block Clubs for training, events, mailings • Place for volunteers, interns, and community service workers • Available Citywide 2 #2- Page 3 (Rev. 1/93) page # 3 TEXT CONTINUATION: ( TYPE SINGLE SPACE BELOW Strategize with police, city agencies to prioritize and address quality of life issues and neighborhood concerns, complaints, issues City Issues That Need To Be Addressed If Quality of Life Centers Initiated: Hiring of staff, including oversight coordinator (Control Board Freeze/Need for Approval) What would reporting structure be (dependent on funding sources) /Assignment of City Department to operate Maintenance of cameras (International Market Place) City /Other Funding Sources for initiation/ 5 sites estimation: $350,000 Areas of City that do not have a Center Relation to Citizen Services very important to decide V. Quality of Life Issues 1. Narcotics dealing 2. Problem properties 3. Prostitution 4, Graffiti 5. Dumping of garbage 6. Loud music or noise 7. Conflict resolution 8. Problem solving 9. Illegal parking 10. Abandoned cars 11. Elderly neglect 12. Underage drinking 13. Horn Honking 14. Gangs 15. Unsupervised Children 16. Car pops/break --ins 17. Panhandlers 18. Homelessness 19. Found drug paraphernalia 20. Animal problems 21. Student Parties 22. Trees/ tall grass 23. Rodents -- rats, bats, and skunks 24. Problem delis 25. Welfare of neighbors 3 f r � k #2- Page 4 (Rev. 1/93) page # 4 TEXT CONTINUATION: ( TYPE SINGLE SPACE BELOW 26. Neighbor disputes 27. Loitering in parks 28. Riding mini bikes / electric scooters 29. Barking dogs 30. Horn honking 31. Trash improperly contained 32. Problem tenants 33. Traffic issues VI. Trainings Staff Would Conduct As Quality of Life Coordinators Neighborhood Watch ID Theft Block Club Organizing Crime Prevention Personal Safety Business Safety Residence Safety Emergency Preparedness Problem Solving What to do When Stopped by the Police Crime Prevention Through Environmental Design (CPTED) Graffiti Abatement CERT training Safe Shopping for Seniors Training VII. Trainings Current Citizen Preparedness Coordinators Have Received And Recommend That Quality of Life Coordinators Receive (if available) 40 hour Basic Crime Prevention Course certifying them with NYS as Crime Prevention Specialists. The Crime Prevention Association of Western New York and the NYS Crime Prevention Coalition sponsored this training. Each coordinator is a member of both organizations. The cost of this training was in excess of $200.00. CPTED -Crime Prevention through Environmental Design -40 hour course also sponsored by CPAWNY & NYSCPC, also costing in excess of $200.00. Working with disabled individuals CPR/AED Training Identity Theft Prevention Graffiti Abatement & Graffiti Recognition 2 �r7 l #2- Page S (Rev. 1193) page # 5 TEXT CONTINUATION: ( TYPE SINGLE SPACE BELOW Red Cross Disaster College Stalking and Cyber Stalking CERT- Community Emergency Response Team CAT Eye - Community Anti - Terrorism Training Instructor AmeriCorpsVista V.I.A.B.L.E United Neighborhoods Leadership Training Professional Stops & Seizures Train — The — Trainer Course February 2002 Safe Schools Training Program Quality Fingerprinting Certificate of Attendance Completing Workshops NYS Instructor Development School Community Oriented Policing Problem Solving United Neighborhoods Leadership Training Crime Prevention Training Crime Prevention Through Environmental Design Basic Crime Prevention Course Neighborhood Watch Training September Certificate of Attendance Completing Workshops (National Conference on Preventing Crime) CERT including NIIMS ICS -100 SOS Landlord Training Program VIII. Sample Community Issues Addressed by COP Satellite Coordinators Under Previous COPS Grant Job Description One of the most important roles that the COPS stations play is to serve as a conduit to government and social services for the community at large. As Michele Graves, the COPS Coordinator explains, "COPS staff play the dual role of having the ear of the public and the expertise of government readily at hand." Since the COPS stations are located in the community and usually housed at or nearby a community center or community association, the staff members know what the neighborhood problems are and increasingly the neighborhood knows where to go to find help resolving low level crime and disorder issues. When a neighborhood issue arises such as student house parties in the University Heights area, neighbor disputes in the Grant -Ferry area, youth issues in the Eastside area, problems with properties in the Parkside area, or loitering in the downtown area, COPS staff members have acted as the catalysts for forming responses to the problems. The accounts below, written by the COPS staff members, capture some of the successes that the COPS stations had in 2004. 5 42- Page 6 (Rev. 1/93) page # 6 TEXT CONTINUATION: (TYPE SINGLE SPACE BELOW International Market COPS Fargo Estates The COPS station organized a problem solving meeting in November 2004 to address complaints around an apartment building that houses some new immigrants who speak little English and are unfamiliar with the local customs. Complaints included unsupervised children who sometimes played in the street, loud music, honking horns and overcrowded apartments. The residents had had no response from the building owner about the complaints. Both the owner of the building and a representative from Journey's End (an agency that resettles refugees) attended the meeting as did the Buffalo police. Several solutions were suggested and implemented including translating rules for tenants into Spanish, providing information packets in Spanish (about places for children to play, loud noise ordinance, block club meetings), asking police to issue summons to one particular loud car stereo chronic offender, and asking police to issue speeding tickets on the street to avoid a possible accident involving the children and youth who hang out on the street. Police were also asked to speak to the youth about the problem. Robbery Caught on Camera The International Marketplace COPS is the only station that has surveillance cameras and the cameras have been used several times over the past year to review crimes that occurred in the area. The cameras were of particular use in a recent robbery of an employee has he was entering the store where he worked earlier one morning. The camera showed where the robber was hiding, that he had been pacing in front of the store before the robbery, and that he walked rather than drove to the location. The camera even showed the street he walked down to get to Grant St., indicating that he was from the neighborhood and giving the police a good lead on a suspect. Christmas Food & Toy Drive One of the missions of the COPS stations is to create more stable neighborhoods by building stronger ties within the community. The International Marketplace COPS organizes an annual food & toy drive and delivery that brings neighbors together to help neighbors. Along with the West Side Business & Taxpayers Association, the Butlers Michel Alumni, and a Buffalo Police Community Police Officer, the COPS station delivered 6 food baskets & gifts to area families and 50 food baskets to area senior citizens. The COPS station also organized a Christmas dinner and party for 50 families. Recycling Program The COPS stations have all been involved with the Erie County Recycling Public Education Campaign to encourage more recycling in the city. The COPS stations now have recycling boxes available at all sites, but the International Marketplace COPS station has been particularly effective in getting its local community to increase recycling, receiving over 200 requests for recycling boxes since Spring 2004. 6 fV 0 #2- Page 7 (Rev. 1/93) page # 7 TEXT CONTINUATION: (TYPE SINGLE SPACE BELOW University Heights COPS House Parties The University Heights COPS station has continued its work with the Problem Properties Task Force (PPTF), serving as the collector of complaints about problem properties in the area. Most of the complaints are about student house parties. The COPS station processed 39 complaints about the house parties in 2004, sent letters to the landlords of those properties, and resolved almost all of the complaints. In addition, the COPS station organized what has become an annual "Walkaround" by the PPTF together with the police in the University Heights area in early September to identify potential problem houses and to warn persons occupying those houses that the police will be ticketing for Ioud parties and arresting those charging for alcohol and/or serving it to minors. Graffiti & Posters Graffiti on buildings and illegally posted posters on light poles contribute to blight in the University Heights area. Most graffiti is done not by gangs but by college -age white males, some of whom are from UB. The site coordinator is a member of the Graffiti Hurts Task Force and she has been active in getting graffiti removed in the area. For instance, she received a call from a community member about graffiti on a deli store that had been up for some time. The coordinator sent a letter to the owners of the store who removed the graffiti promptly. She also sent letters and a copy of the city ordinance regarding posting flyers to owners of several establishments who had been posting their events illegally. To date, none of those businesses has since posted flyers illegally. Community Service Workers Clean -up Area With an average of 20 Community Service Workers assigned to the University Heights COPS Station each month, supervising the workers is one of the primary responsibilities of the Site Coordinator. Many of the CSWs are assigned via UB's Student Wide Judiciary as part of a student's sentence to community service if arrested in conjunction with one of the house parties held in the Heights. The CSWs are usually assigned to clean up the streets around Gloria Parks Community Center. Over 3500 hours of community service have been completed through the COPS Station, helping to keep the area clean. CRUCIAL COPS Troubled Teenagers A teenager who was being harassed by her mother's boyfriend started getting into trouble including fighting and vandalism. The girl was arrested and given an appearance ticket. The COPS site coordinator became aware of the situation because the girl was working at the CRUCIAL community center under the YO! Buffalo program. The coordinator talked with the 7 92- Page 8 (Rev. 1193) page # S TEXT CONTINUATION: TYPE SINGLE SPACE BELOW girl and found an alternative living situation for her that was safe and comfortable. The coordinator also got the girl into an anger management class, and made sure she was showing up for school and doing her homework. The coordinator also helped the girl to navigate the court system and provided assurance to the judge that the girl was working to make changes in her life. The judge thanked the coordinator for her work with the girl, and sentenced the girl to 100 hours of community service to be served at CRUCIAL. The girl has now become the foster child of the woman she is staying with and says that "this is the first time she feels what family is all about." In another situation, the coordinator assisted a troubled teenager to get his GED and to find work at a local retail store. Family Assisted It came to the attention of the COPS site coordinator that a woman and her 4 children were living in an apartment in deplorable conditions. The family had no furniture and very little clothing or food. The COPS site coordinator contacted Erie County Social Services and helped arrange for the family to get a much better apartment and to get assistance in paying rent. The coordinator also contacted the director of the International League of Muslim Women who helped locate clothing and furniture for the family. She also contacted a neighborhood community organization who has helped the family with food. The children are also now back in school and the family situation has improved significantly. Mural & Garden Projects As part of the United Way Day of Caring, the COPS site coordinator helped to organize a mural project for a viaduct on French St. Along with Day of Caring volunteers, youth from the French St. Block Club worked on the mural. That same day, the Day of Caring volunteers also planted 3 gardens and built 3 picnic tables at CRUCIAL where the COPS Station is located. The coordinator also assisted in organizing another mural on a viaduct at Ferry & Grider with the help of Buffalo Weed and Seed, Americorps volunteers, and youth & adults from the Ferry - Grider Tenants Association. Parkside CUPS Youth Congregating The COPS site coordinator organized a problem solving meeting to address neighbors' concerns about'teenagers congregating on the corner at a convenience store on the corner of Main & W. Oakwood. The teenagers were drinking, smoking marijuana and gradually becoming loud, vulgar and engaging in public urination. The activity was intimidating residents living near the corner, keeping them awake, and creating an unsafe feeling about the area. The COPS site coordinator created a handbill to be distributed by the storeowner warning of the penalties for persons over 21 purchasing alcohol for those underage. Also, as a result of the meeting, two Meet and Greets were held for the neighbors on the block (and some of the teens were invited) with the result that neighbors decided to form a block club. West Oakwood is determined not to have the same issues in the summer of 2005 that they had in 2004. M 42- Page 9 (Rev. 1193) page # 9 TEXT CONTINUATION: (TYPE SINGLE SPACE BELOW Great American Clean -Up In May 2004 the Parkside COPS station organized a clean -up along Main St. that extended from Humboldt to Hertel Avenue and along Linden Avenue from Main to Colvin. Groups that participated included area block clubs, community -based organizations, youth from the area and, most notably, 60 Canisius College students. In addition to a general clean -up of litter, the teams cleaned -out all of the planters along Main St, cleaned graffiti off the viaducts along Linden at Colvin and at Parkside, and cleaned the new Peoples' Park on Main and Jewett. Vernon Initiative The Vernon Initiative was started to address problem properties in the Vernon Triangle area of Parkside. Issues include drug activity, unkempt property, and loud noise after hours. The COPS site coordinator for Parkside facilitated the first meeting of the group and serves as a resource to the group for addressing the problem properties. To date, two of the properties are in housing court and landlords at both properties have made some improvements in both the behavior of the tenants and in the appearance of the property. Medical Campus COPS Elder & Child Neglect COPS stations site coordinators function as liaisons between the community and the various social, governmental and public safety services in the city and county. In one example of this, on June 21" 2004, the Medical Campus COPS Station received a complaint from a resident of the Fruit Belt regarding a house on Peach Street. There was an elderly couple, a first grade child and a woman in her 40's (the couples' daughter and the child's mother) who was allegedly addicted to crack cocaine living in this house. The house was in a deplorable condition and the complainant stated that the elderly couple and the child were being neglected by the woman. The COPS Station immediately notified Protective Services for Older Adults, Child Protective Services, the building inspector, and Buffalo Police. The following day, a representative from Protective Services went to the house with Buffalo PD and the building inspector. The elderly couple was taken to the hospital for treatment, the housing inspector boarded up the house and Buffalo Police filed a report with CPS and the child was put in foster care. The son of the elderly couple has taken custody of them and the house on Peach Street is still boarded up. Motel Problem The Medical Campus COPS received a complaint regarding prostitution and drug sales in and around a motel on Main Street near the COPS Station. Apparently, people who live and work in the area were being propositioned by persons coming from the area of the motel. It was also alleged that the building was "roach infested ". 9 92- Page 10 (Rev. 1193) page # 10 TEXT CONTINUATION: ( TYPE SINGLE SPACE BELOW The COPS site coordinator sent a letter to the owner of the motel but received no response. This letter was also sent to several stakeholders in the area. Upon further investigation the coordinator learned that the motel was receiving monies from the Erie County Department of Social Services to help house homeless women and children when the homeless shelters are full. The coordinator contacted Deborah Merrifield, the Commissioner of Social Services, who was very concerned about the problems occurring there and she agreed to investigate the problem within her department and take appropriate measures to address the problem. Then on March 15, 2004 the COPS site coordinator organized a problem solving meeting about the public safety issues around the Tourist Lodge and an action plan was developed. As a result of this action plan, a Personal Safety Training was held for employees of businesses and agencies around the Tourist Lodge, a Crime Prevention Through Environmental Design (CPTED) survey was done in the area, and a sting was set up at the Tourist Lodge regarding the complaints of prostitution. On July 16, 2004, the owner of the motel was arrested for promoting prostitution. His case is still pending in Buffalo City Court. Youth Loitering The Medical Campus COPS was contacted about a reoccurring problem around the Lafayette Court Building, 465 Main Street that houses businesses as well as Bryant & Stratton College. The complaints were from the professionals working in the building about Bryant & Stratton students, UB EOC students, and high school students exiting the MetroRail who were congregating outside the entrance to the building making it difficult for customers and employees to exit and enter the building comfortably. The congregation of people was occurring in front of both Main Street and Washington Street entrances. The COPS station organized a problem- solving meeting that brought together stakeholders in the area to address this problem. During the meeting the group brainstormed for causes of the problem and singled out the most important ones, then brainstormed solutions to the most important causes. Law enforcement (Buffalo PD and NFTA) agreed to step up patrols in the area at the times the problem seemed to be occurring, primarily between 3 PM -5 PM. The NFTA also contacted the Buffalo School Board to make sure they enforce proper use of bus passes (students were using them to travel downtown rather than to their homes). The building owner also built a separate elevator for the College, the College hired two of its own security guards, and lighting was improved at both entrances. Since school started in September 2004, the climate on the Metro Rail and at the Layfayette Court building has changed for the better. The NFTA has increased its officers assigned to the Metro Rail between 2:30 and 4:30 p.m. from 5 to 15 or 20, video cameras have been installed in all 27 rail cars, students are reminded of rules and responsibilities for riding MetroRail during daily announcements at city high schools, on Metro Rail posters and through mailings to parents and NFTA police officers. The manager of the building also reports that the major problems have been alleviated and that there is a much more professional climate in the building now. L 10 V We are hopeful that this information will assist your Honorable Body in researching a solution for bringing back quality of life coordinators. Should you need further clarification and /or assistance, please do not hesitate to contact Deputy Police Commissioner Byron C. Lockwood at 851 -4040. HMcCG:mao ERRED TO rHF CC)MMI -"`TFE t�F ON FINANCE- TYPE DEPARTMENT HEAD NAME: H. McCarthy Gipson TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: 11 #3 (Rev 07103) 's Office or Ma Certificate of Appointment Y Approval: 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 person(s) named in Schedule "A" have been certified or approved by the Department of Human Resources /Civil Service for the Appointment Effective: August 14, 2006 PERSONNEL REQ. NO. 2006 -02�` REQUIRED in the Department of: Police Division of: Detective Bureau to the Position of: Detective Permanent Provisions[ Tem ors Seasonal - Insert One : Contingent Permanent ( Appointment Promotion Non -Com etitive - Insert One : Promotion (Minimum Intermediate, Maximum, Flat) - (Insert One ) : at the: Flat Ente Starting Salary) . Starting Salary of: $ 59,909 Schedule "A" - -- ----------------------------------------------------------------------------------- - - - - -- - LAST JOB TITLE: Permanen Police Officer Name - -- [ Jeffrey R. Weyand LAST DEPT.: Police DATE 07197 Address - - -[ : 1434 Perry_Road LAST SALARY: $ 57,97$ D.O.B.: XX /XX g1jL& Tip: --- j : No. Java, NY 14113 Last 4 digits of S.S,N.: XXXIXX/l846 LAST JOB TITLE: Name - - -[ : LAST DEPT.: DATE 1 Address LAST SALARY: $ D.O.B.: /XX City & Zip - - -[ Last 4 digits of S.S.N, : XXXIXX/ ---------------------------------------------------------- - - - - -- - LAST JOB TITLE: Name - - -[ : LAST DEPT.: DATE I Address - - -[ : e LAST SALARY: $ D_O.B.: /XX/XX CRY & Zip - - -[ : Last 4 digits of S.S.N. : XXXIXX / ------------------------------ ------------------------ - - - - -- - - LAST JOB TITLE: Name - - -[ LAST DEPT.: DATE 1 Address :---[: LAST SALARY. $ D.O.B.: City & Zip - - -[ Last 4 digits of S.S.N.: ------------------------------------------ - - - - -- - LAST JOB TITLE: Name - - -[ LAST DEPT.: DATE / Address - - -[ LAST SALARY: $ D.O.B.: City & Zip - [ Last 4 digits of S.S.N.: REFERRED TO THE COMMITTEE, ON CIVIL SERVICE BUDGET ORG. CODE.: _ 120010001 - 411001 TITLE CODE NO.: 2131 BUDGET ACCT.OBJ.: - 120010001-411001 PROJ ID: PERSONNEL REQ. NO.: 2006 -02 SALARY RANGE OF POSITION: - $ 59,909 - $ 59,909 PER: YEAR ® DAY ❑ HOUR ❑ REASON FOR APPT. ABOVE THE MINIMUM: TYPE NAME OF APPOINTING AUTHORITY: H. McCarthy Gipson TYPE TITLE OF APPT. AUTH Commissioner of Police DATE August 14 2006 ,1 e I� - SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL. + 3 COPIES TO . CITY CLERK ON 1 BEFORE APR INTM' T DATE OTHER COPIES TO #5 - COMPTROLLER #6 -- HUMAN RESOURCES SERVICE #7 — BUDGET #8 t)EPARTMENT #9 — DIVISION #10 - EMPLOYEE (S) J t_i 21 FROM THE COMMISSIONER OF FIRE City Clerk's Department BUFFALO September 8, 2006 HON. BYOWN W. BROWN MAYOR OF BUFFALO . Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 45 PASSED September 5, 2006 Appr. To Purchase 2 Fire Dept. Vehicles Through USAI Yr. 3 Funds Gerald A Chwalinski City Clerk V SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 7131106 FROM: DEPARTMENT: 2100 SUBJECT: APPROVAL TO PURCHASE TWO FIRE DEFT VEHICLES THROUGH UASI YR 3 FUNDS PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xxlxxlxx We are requesting approval to purchase one CBRNE lightlair response vehicle and one post blast evidence collection vehicle. The CBRNE Light /Air Rapid Response Vehicle is a special purpose vehicle for the transport of chemical, biological, radiological, nuclear and explosive terrorism response equipment to an incident site. This special purpose vehicle is designed to serve as a stand alone unit providing breathing air and light support at emergency situations. This high performance CBRNE mobile air unit is capable of meeting the SCBA cylinder demands required to respond to an emergency similar to the scope of 9111. At a minimum, the mobile unit needs to be able to fill 60 4500 psi SCBA; cylinders per hour over a long sustained period of time. The unit will also be required to transport at least 20 filled, one hour spare cylinders and 32 half -hour spare cylinders. (Normally, fire apparatus carries one SCBA per firefighter.) This Unit meets and exceeds the Homeland Security specifications by providing support for any emergency operation occurring in WNY. Its two on -board fill stations will allow continuous filling of SCBA/SCUBA as fast as they are needed (approx. 60 SCBA cylinders) from the on -board storage tanks before the system needs to be refilled. While the operations described above are on- going, this vehicle will also provide scene lighting and electrical support for other on -scene apparatus and equipment (police, EMS, hazmat). The Post Blast Evidence Collection Vehicle will be utilized by our Fire Marshals. Fire Marshals are federally trained and certified Post Blast Investigators. This specialized vehicle will be used in the processing of scenes involving fire fatalities, suspicious fire related injuries, fire related suicides, arson related homicides, weapons of mass destruction, post blast investigations and other critical cases occurring in and around the City. With the increasing scrutiny by the courts of evidence collection methods, a professionally designed vehicle is now a requirement, not a luxury. This vehicle will be will be equipped with a lab style interior, lockable storage and complete forensic equipment. This will allow our investigators to process evidence without contamination, reduce bacterial degradation and secure storage to maintain chain of custody. From a regional perspective, this vehicle will assist everyone working in the field of evidence collection and crime scene investigation. Both of these vehicles will be used exclusively by on -duty personnel and will not be take home vehicles. Michael Lombardo Commissioner of Fire GS:ck q �__ Mr. Bonifaeio moved: That the above communicatiOD from the Commissioner of Fire dated July 31, 2006, be received and filed; and That the Commissioner of Fire be, and he hereby is authorized to purchase one CBRNE light /air response vehicle and one post blast evidence collection vehicle. Passed. M PJS : rm.v tAwp601inswor&rcnv143c9 -5 a.doc s F P 2006 ��f MAYOR ; Ib *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK * '� * KEARNS LOCURTO RUSSELL THOMPSON {MAJ - 51 * g * 0 `* [213 - 5] ( 3/4 - 71 mm� tf 1 (Rev. 1193) 51ll le 1'at e ( Lill to the Common Council To: The Common Council. Date: Au (Iust 29, 20 L�rom: Department: Fire Department Division: Adm tlistt 2 001 Subject: [:] Leave of Ab e�ce Type ill i 13 per azld Lower Case Onl PI COUIJc11 RCfel'enCe: (IfAny) [: I'ext (Type Single Space:) .Be advised that I Firefighter William L3iondolillo has returned fi:on his umpaid military leave of absence effective Au -ust 14, 2006. W ED IyT)c Department Head Name: T_yLac Titic. SiSignatur of Department I -Lead Respectfully submitted Patrick T. Lewis Dep l=ire C'iirnnaiss' .ttet PTLlslk c)' t 23124 FROM THE COMMISSIONER OF ECONOMIC DEVEI,OPMI:N'T' AND PERMIT & INSPECTION SERVICES To: The Common Council: l Date: August 28, 2006 From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses 00004 7 Subject: [: Food Store License {: 525 Doat (Lovejoy) Prior Council Reference: (If Any) [: Ex. ( Item No. xxx, C.C.P. xx/xx/xx Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a -Food Store License located at 525 Doat and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Signature'. 1 Department.Read Title: COMMISSIONER RMT:mrz Vs CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY l DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: UNION MINI MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 525 DOAI' T,O ]1 YAQOTJB ALWASIM 716 -5635 543161 05/25/2006 NEW LICENSE 20€17 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) C LAPPROVED 1 DATE:' DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *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. f4pps'rp2.rp1 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: UNION MINI MARKET REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 6 /// /, DISAPPROVED REMARKS: DISTRICT C) APPROVED DATE: NEW LICENSE 2007 DISAPPROVED DATE: *"REASON FOR DISAPPROVAL MUST I3E BELOW REMARKS: COMM. OF POLICE: Deputy commissio AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppShP2.rp` DATE: LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 525 MOAT BUSINESS PHONE: - COUNCIL DIS`T'RICT: 110 POLICE DISTRICT: I I APPLICANT NAME: YAQOIJB AI..WASIM APPL. PHONE: 716 -5635 APPLICATION NCIMBPR: 543161 REFERRAL DATE: 05/25/2006 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 6 /// /, DISAPPROVED REMARKS: DISTRICT C) APPROVED DATE: NEW LICENSE 2007 DISAPPROVED DATE: *"REASON FOR DISAPPROVAL MUST I3E BELOW REMARKS: COMM. OF POLICE: Deputy commissio AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppShP2.rp` DATE: OFFICE OF LICENSES 313 F`IT'S' HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REOUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: UNION MINI MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 525 DOOM' I�O YAQOUB ALWASIM 716-5635 543161 05/25/2006 NEW LICENSE 2007 (TO BE. COiVIPLETEP BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVAL CALL BACK DATE: DATE - �-=� DATE: `!"REASON FOR DISAPPROVAL MUST BE : STATED BELOW` n REMARKS: r l p oc1d i.,(s "" u r C� INSPECTOR L RM# EXT rti AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 4priSl;p2_rrf >,r., L � ,. e Y.., >? .... .et ✓.. �, f Y <k4r,�.� S ,.,... , S ��s �<.�Y�� ,_. ?~ 1, n '`2 { CITY OF BUFFALO OFFICE OF LICENSES 313 CITY. HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST UN I DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: UNION MINI MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 525 DOAT LO II YAQDUB.A1 716 -563' �{Q 543161 05/25/2006 3- 3 ul-vv� P-Q�� v . of- NEW LICENSE 2047 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED, DATE: DISAPPROVED ATE: DISAPPROVAL CALLBACK DATE: ** *REASON FO DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: r INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND' RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App.Slip2. rpf f U� NEW LICENSE 2007 LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 525 00AT OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 LO POLICE DISTRICT: 11 INSPECTION /APPROVAL REOU;EST YAQ0Ufl AT,WASIM AGENCY 1 DEPARTMENT: OFF. OF ZONING & USE 716 -5635 REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: UNION MINI MARKET REMARKS: DISAPPROVAL. REASON: (T(Q BE..COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED ROVED DATE: NEW LICENSE 2007 LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 525 00AT BUSINESS PHONE COUNCIL DISTRICT: LO POLICE DISTRICT: 11 APPLICANT NAME: YAQ0Ufl AT,WASIM APPL. PHONE: 716 -5635 APPLICATION NUMBER: 543161 REFERRAL. DATE: 05/25/2006 REMARKS: DISAPPROVAL. REASON: (T(Q BE..COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED ROVED DATE: )DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES OFF I OI MCEIVSES 313 CITY HALT, BUFFALO NY 142()2 851 -4078 LICENSE APPLICATION PLEASE CHECK LICENSE CATEGORY APPLYING FOR -/" RESTACIRAN'I' ' BAKERY CONFECTIONER RESTAURANT TAKEOUT CATERER FOOD STORE MEAT, FISH &.POULTRY Date !A`( - 2 6 200 20 r _. Applicant Nam iA � 'A S j -- ,A licant Home Phone # 7/6 Sj/,3 SY l/ ni'` Ap Address , s y _7 Pp q 4 R -c� Mv N t t(; r (N .; Street) (City, To llage) (State) .. (Zip) Co- Applicant Name Co Applicant Address (No., Street) (Cify, Town or Village) (State) (Zip) Corporation Name hate Incorporated - Business Name L 17ato of Business Certificate Business Address _ (No., Street) (City own or Village) (State) (Zip) Mailing Address (if different #lean business address) . (No., Sheet) - {City, Town -or Village) . (Sta #e) {Zip) Business Phone # Fax # State Tax ID Nurrrber Social Security X No. of Employees - ' (Baker - &. Confectioner only) Subscribe **=�= Appl d sworn to before me this - ic � ' Day of 2{ FEES RESTAURANT 0 -200 SEATS $174.00 201-400 SEATS : S250.00 Co ssio of D., ds in and for tlis 4 ()1 5325.()0 ity o , uffalo, New York RESTAURANT TAK:L;OUIYCATERING 'S 88:00 MEAT,FISH & POULTRY (2 YR&) S150.0o IFOOD STORE S115.ofl NFV7rI ER 0. -2 EMPLOYEES $63.00 3 -10 5105.00 sL 11 -25 $157.00 26 -50 S315.00 - R3TapPi _ - . , ��f.}hJ� �51 -200 $525 -00 NO ° �..- CAS 1'K C'a�o v" Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated August 28, 2006, be received and filed; and That the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to deny a Food Store License to Yaqoub Alwasim, located at 525 Doat Street. J 45 }7rs:rmv TAwp60\msword\nnv\45c9 -5 a.doc *AYE* NO * BONIFACIO DAVIS * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * �" THOMPSON I---- ---- - - - --I [MAJ- 5 [ 2(3 - 6 I ( 314 - 7 * * g 0 City Clerk's Department BUFFALO September 8, 2006 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. 48 Food Store License -364 Eggert (Univ) PASSED September 5, 2006 Gerald A Chwalinski City Clerk To The Common Council: -000048 Date: August 28, 2006 From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject:: Food Store License [: 364 Eggert (University) Prior Council Reference: (If Any) [: Ex. ( Item No. xxx, C.C.P. xx/xx/ Pursuant to Chapter 194 of the City of Buffalo Ordinances, pleasc be advised that I have examined the attached application for a Food Store License located at 364 Eggert and find that as to forth is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Signature: Department Head Title: COMMISSIONER RMT:rnrz q, G CITY OF BUFFALO OFFICE OF LICENSES 31.3 CITY HALL BUFFALO, NEW W YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLEC'T'IONS OFFICE APPLICATION FOR: TRADE FAIR FOOD MART #2 LICENSE TYPE: FOOD S7OItF. BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS "I'RICT: POLICE DISTRICT: APPLICANT NAME: APPL. PIIONF: APPLICATION NUMBER: REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: 364 L;GGERT 826 -3160 UN 16 JAMIL MUNASSAR 826 -3160 542537 04/12/2006 NEW LICENSE (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) ��. DATE: APPROVED DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW **" 2007 REMARKS: INSPECTOR *� � ' y 4� RM4 I EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2..p, OFFICE OF LICENSI.S 313 CITY HALL 1 BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY /DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: TRADE PAIR FOOD MART ##2 LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PI €ONE: APPLICATION NUMBER: REFERRAL DATE,: 364 EGGERT 826 -3160 UN 16 3AMR, MUNASSAR 826 -3160 542537 04/12/2006 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE:"" DISAPPROVED REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: DATE: V- NEW LICENSE 2007 _0 vsr. E' "f co ** *REASON FOR DISAPPROVAL MUS BE STATED BELOW " ** REMARKS: COMM. OF P AFTER INSPECTION PLEASPVO� WL�` Ri, RN 'Irit� AppSHP2.rPf REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NIEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: TRADE FAIR FOOD MART #2 LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 2ND REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 364 EGGERT 826 -3160 UN 16 JAMIL MUNASSAR 826 -3160 542537 04/12/2006 06/14/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CAI lr,RArw DATE: jvu.5�r /et 4 DATE: DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: INSPECTOR � � RM# 31 2- EXT / ' `? j AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShpIrpt loll I Ell' J}lJE ['t�LV OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REOUEST AGENCY 1 DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKAT,SKI APPLICATION FOR: TRADE FAIR FOOD MART 92 LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER: REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: 364 EGGEWF 826 -3160 UN 16 3AMIL MC7NASSAR 826 -3160 542537 04/12/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) API'ROVEI) DATE: F DISAPPROVED DATE: DISAPPROVAL CALL RACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW"* REMARKS: i�� 4%� CLZ�Jq i 1 G < INSPECTOR RM# y 4?- EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 4ppSliip2.rp( CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT. OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: TRADE FAIR FOOD MART #2 LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER REFERRAL DATE: 364 EGGERT 826 -3160 UN 16 ,TAMIL MUNASSAR 826 -3160 542537 04/12/2006 2ND REFERRAL DATE: 06/14/2006 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: { ��� DISAPPROVED DATE: DISAPPROVAL DATE: r ***REASON FOR DISAPPROVAL MUST BE STATED BELOW REMARKS: INSPECTOR RM# 312— EXT Irb AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlrp2.rpt OFFICE OF LICENSES 313 CITY TEAT L j- 6T- (� BUIi`FALO, NEW YORK 14202 851 -4078 LICENSE APPLICATION a n � APPLICATION MUST BE COMPLETED IN FULL; PHOTO ID REQUIRED AT TIME OF APPLICATION----, NO EXCEPTIONS (PLF ASI? CHECK LICENSE CATEGORY APPLYING FOR) RESTAURANT RESTAURANT TAKE, -OUT xx FOOD STORE BAKERY CONFECTIONER CA'T'ERER _ MEAT, FISH & POULTRY Date 0 40Aj_.,. APPLICANT NAME Jamil A. Munassar APPLICANT HOME PIIONE # ( 716) 826 -3160 APPIdCANTADDRFSS 6 Weber Road, Lackaw NY 14218 (NO., sTRnL'r) (CITY, TOWN OR VILLAGI3) (STATE) (ZIP) CO- APPLICANT NAME CO- APPLICANT HOME PHONE �l CO- APPLICANT ADDRESS (NO_, STRPET) (CITY, TOWN OR VILLAGE) (STATE) (7IP) CORPORATION NAME DATE INCORPORATED BUSINESS NAME BUSINESS ADDRESS Trade Fair Food Mart #2 DATE OF BUSINESS CERTIFICATION 03/08/06 364 .Eggert Road, Buffalo, NY 14215 (NO.,STKVRT) (CITY, TOWN OR VILLAGE) (STATE) (ZIP) MAILING ADDRESS (if different than business address) (NO., STRM -T) BUSINESS PHONE endin FAX # STATES TAX ID NUMBER d c) q q 2 J�� A NO. OF EMPLOYEES (CITY, TOWN OR VILLAGL) (STATF) (ZIP) SOCIAL SECURITY If __.. (BAILER & CONFEC'I1ONEER ONLY) Applicant Sivature Subscribed and sw(v - n to me this 1 � day of_— ax.,4 s 20_ _ MARY A. FLINTER — __ -� A e Notary Public, State n( New Ytlrk C m»arssif deeds in and for a (Iualilind in Erie County r r., r,r�,., v Y I. hIv Caminissian Iwxnires tTSl27I �C.C�G Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated August 28, 2006, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Jamil Munassar, located at 364 Eggert. Passed. 46 YJs =V TAwpWrnswordlrmv1460 -5 a.doc A SEP 1 V 2006 MAYOR *AYE* NO BONTFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * THOWSON _ __ _______ _ __j * . [MAJ- 5] * g V* [ 2/3 - 61 [3/4 - 7] To: The Common Council: 000049 Date: August 28 2006 From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses l Subject: [: Food Store License [: 398 Grant (Niagara) Prior Council Reference: (If Any) [: Ex. ( Item No. xxx., C.C.P. xx /xx/xx Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 398 Grant and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEG ISLATIO N. Signature: Department Head Title: COMMISSIONER RMT:mrz l� CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFF..RRED TO: COLLECTIONS OFFICE APPLICATION FOR: HANDI MINI MARKET LICENSE TYPE: FOOD STORE. BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON. 398 GRANT 602 -4649 NI 05 SAHRO ABDALLA 885 -6553 544090 07/27/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) [ DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK " *'REASON FOR DISAPPROVAL MITST BE STATED BELOW * ** REMARKS: i Nd -pG 7- INSPECTOR _�,t�_ RM# EXT f h. n 1d � AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSp2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST f AGENCY /DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: HANDI MINI MARKET LICENSE TIDE: FOOD STORE 0150 NEW LICENSE 2007 BUSINESS ADDRESS: 398 GRANT BUSINESS PHONE: 602 -4649 COUNCIL DISTRICT: NI POLICE DISTRICT: 05 APPLICANT NAME: SAER0 ABDAL,L,A APPL. PHONE: 885 -6553 APPLICATION NUMBER: 544090 REFERRAL DATE: 07/27/2006 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY /DEPART ENT REFERRED TO) APPROVED DATE; O ( ro C3 cn r-- F i DISAPPROVED Uri G ;: . DATE: (7, REMARKS: a�� �� V� DISTRICT CAPTAIN: APPROVED DATE:_.- DISAPPROVED DATE- , ***REASON FOR DISAPPROVAL MUST BE STATED BELOW " REMARKS: ,J COMM. OF POLICE: �- - AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. .4ppSI ip2. rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: HANDI MINT MARKET LICENSE TYPE: ROOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 398 GRANT 602 -4649 NI 05 SAHRO ABDALLA 885 -6553 544090 0712712006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PP OVE DATE: DISAPPROVED :SATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR ' ('� ` RM# 30 EXT ` AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU Appslirlrit ull r v CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POUKALSKI APPLICATION FOR: HANDI MINI MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT" NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 395 GRANT 602 -4649 NI 05 SAIIRO AI3DALLA. 895 -6553 544090 07/27/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: j U C ,_ _.r: DATE• DISAPPROVED DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: INSPECTOR ? `mot `�' RM4 EXT r` 1 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppS1?p2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 1420 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFD`. OF ZONING & USE REFERRED TO: KEVIN FITZGEIULD APPLICATION FOR: HANDI MIN[ MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 398 GRANT 602 -4649 NI 05 SAITRO ABDAhL,A 885 -6553 544090 07/27/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVr DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR ww�L-fNs- RM# � 3() f- t EXT t 3( D 2 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App3rp2 DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES ) ' OF'FYCE' OF LICENSES 3D CITY RA t, BUFFALO NY 14202 8514078 LICENSE APPLICATION- PLE ASE CHECK LICENSE CATEGORY APPLYING FOR RESTAURANT BAKERY CON,F CTIONER MTAURANT TAKEOUT _-CATERER 11 " FOOD STORE MEAT, FISH & POULTRY" 602 Date, o r7 20 Applicant Name cA� nr L � Ap p I i c it Hobie Pho n o # 1 5. - Applicant Address (Na., Sheet) (City, Town or Village) (State) (Zip) Co Applicant Name_ Ca- Applicant Address (No,, Street) (City, Town or. Vi)lage) (State) (Zip) CozpoxadonName - Date ln(corporated BustuassName f�1 ..0 �� it E Date of Business Certificate Business Address 3 if' '- N4. 1 (N © -, Street) (City, Town or Village} (Sate) (Zip) My iy4g Address (if different than bus s.ad:dxe -ssj J tUsl less�hme # � 7 gp„7 4k0:? . Fax # State Tax ID Number _ social SeoAiity ## No, of Employees _ (Bakez 8c Confectioner oYily) 5'A ' ' A j Applicant Sigtxature Subsexibed auil svve�xu to be#'p;re me #his �� 't>aY'of r 20(-26 Commission f D ecdS'm and forth City of8uffalo ,New York R.ST Vpl T & A F) NO. Q) le Q P% L /1 OGet LOC 2-41 V aACw L­ca,r_4 A rc-. FEES RESTAURANT• 0 -200 SEATS ' $174- -00 201400 SEATS 5$50.00 RESTAURANT TAKEOUTICATEmG $ 88_0Q MEAT,Fim & POUI,TRy (2 "s.). - - siso 0 k'Oob STOU ' $115.00 RAC{ ERICOIVFEMONER A 2 EMFLCIYF0 $63.00 -10 $105.00 f 1 25 $157.00 u - 50 $315A0 51200 5525.00. Q) le Q P% L /1 OGet LOC 2-41 V aACw L­ca,r_4 A rc-. '�A To: The Common Council: 0000 Date: August 28, 2006 From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject Prior Council Reference: (If any) Ex. ( Item No. xxx, GC.P. xx/xx/xx [: Food Store License [: 3211 Main ( ) y Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that [ have exaznined the attached application for a Food Store License located at 3211 Main and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, .Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE CC?IIIIMI - rTEE N LEGISLATION Signature: Department Head Title: COMMISSIONER RMT:mrz 9 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF, OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: WILSON FARMS LICENSE TYPE: FOOD STORE 131JSINESS ADDRESS: BUSINESS PITON& COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME : APPL. PHONE: APPLICATION NIJMI3ER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 3211 MAIN 834 -4018 LO 11 DANIFsL SHANAHAN 204 -4389 541510 11/14/2005 NEW LICENSE 2006 (TO BE COMPLETED 13Y AGENCY/DEPARTMENT REFERRED TO) DATE: / z APovEla - - `APPROVED DATE: DISAPPROVAL CALI, BACK DATE: "AREASON FOR DISAPPROVAL MUST BE STATED BELOW * *" REMARKS: INSYF,CTOR � RM# � � � _ EXT �! t AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSli,z.yr 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: WILSON FARMS LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PIIONE: COUNCIL DISTRICT: POLIO E DISTRICT I : APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'L'E: REMARKS: DISAPPROVAL REASON: 3211 MAIN 834 -4018 1 II DANIEL SIIANAIIAN 204 -4388 541510 11/14/2005 NEW LICENSE 2006 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) PPROV EI) DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: * *"REASON FOR DISAPPROVAL MUST BE STATED BELOW* ` REMARKS: � q- INSPECTOR f' RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. TIIANK YOU. ArpSlip2-rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN I APPLICATION FOR: WILSON FARMS LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE,: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICA'T'ION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 3211 MAIN 834 -4018 LO II D.ANIEF, SRANAHAN 204 -4388 541510 11 /14 /2045 NEW LICENSE 2006 (TO BE COMPLETED BY AGENCY/DEPAWFMENT REFERRED TO) '�� DATE,: ( 2�PPROVF D DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR ` RM# _ EXT oj� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlipIrpt 615", CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: WILSON FARMS LICENSE TYPE: FOOD STORE �J BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: any. �-� il REMARKS- DISAPPROVAL REASON: 3211 MAIN 834 -4018 LO 11 DANIEL SIIANAIIAN 204 -4388 541510 11/14/2005 CA.� k ; IS t- A 6'i 1 - 2 (,c,c lj,- (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: -1 -? DISAPPROVED DATE: NEW LICENSE 2006 REMARKS: DISTRICT CAPTAIN: c 11 APPROVED DATE: DISAPPROVED DATE: ` ""REASON FOR DISAPPROVAL .MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN TIIIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. Appslip2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: WILSON FARMS h', LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 3211 MAIN 834 -4018 LEA II DANIEL SHANAHAN -~-. . 204 -4388 541510 11/14/2005 NEW LICENSE 2006 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) �PPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: I RM4 EXT ter. AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU rdpps"PIrp, OFFICE OF. LICENSES 313 CITY HALL RUFFALG, NEW YOR 14ZO2 851 -4018 LICENSE APPLICATION APPLICATiO MUST BE. COMPLETED IN YULL PHOTO ID RFQUIRED AT 17ME OF APPLICATION NO .EXCEPTIONS [PLEASECMCKLICtNS CATEGORYAPPLYRIIGFOR) RESTAURANT BAKERY CONFECTIONER RESTAURANT TAKE -OUT CATERER - lYIEAT,FLSH di POULTRX x FOODSTORE .7une 10 05 Dais APPLICANT NA1vJfE W FI Acquisition, I nc.* APPIICANT)<{014t1?pflf)NE8 71b 204 -°4388 1780 Wehrle Dr., Ste. 110, Williamsville 422 1. APPLICANT ADDRESS- - (NO., SM {clx ,rowx ax ytI I AGL {sxA (Z") CO- APPLICANT NAME CO-APPLICANT HOME PHONE CO- APPLICANT ADDRESS (NO„ SLRE1i;7C} {CT'17C, TOPYN OIl VILLAGES {STATE) (ZIP) cORPaxATroN NAME WFI Acquisition, Inc_* DA&TE INCORI`ORATED March 3_. 2005 BUSMSS NAME Wilson Farms BCTSilvPSS ADDRESS 3211 Main Street, Buffalo NY 14214 Qv0,srxxZ'0 ((T('Y,T0WN (ST AIN) Cam) (716) BUSINES Pao" 834 -4018 FAX* STATE TAX )CV NUMaER 202443902 NO- OF EM- PLOYEES {BAKER 6c CONF'ECTIONEER ONLY) Applicant Signature Dan Shanahan, President SubscribEd and sworn to Ntfore mt thii� _ day of . C raissionar of Dttds in an<( far fhr . Cth' of,ARff#fLMWj'ark Notary Puh1ic. State 0 Ne4u Yark Qniiiied in Erie Gonnty My Gommision Fypires N jaL 4,20 6 -NON REFUNDABLE APPLICATION FEE *Name of Applicant will be changed to Wilson Farms, Inc. on or about -June 18, 2005. #1 (Rev. 1/93) Single Pa e Communication to the Common Council To: The Common Council: Date: August 12, 2006 000051 From: Department: Economic Development, Permit and_Inspeetion Services Division: Economic Development, Permit and Inspection Services Subject: [: M. Kearns Oppose Community Field House Complex Type in Upper and [: Lower Case Onl [: Prior Council Reference: (If Any) Text ( Type S in *1e S ace Below): [: Item No. 493 C.C.P. July 25,_2006 I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information in reply to #93 C.C.P. July 25, 2006 You have forwarded a petition to me that has been signed by "Concerned Neighbors" who oppose the "multi- purpose community field house complex of 27,500 square feet at Bishop Timon -St Jude". I have forwarded the petition to the Office of Strategic Planning for its information and to transmit it to the Buffalo Planning Board for their consideration. I am sure the Office of Strategic Planning will give the petition the consideration that it deserves. REFERRED TO THE COMMITTEE O N C OArIMUNITY DEVELOPMENT Type Department Head Name: Richard M. Tobe Type Title: COMM SSIONER Signature of Department Head: 41 (Rev. 1193) Sin le Page Communication to the Common Council To: The Common Council: .Date: August 12,20060G 2, 2006 0' From: Department: Economic Development, Permit and Inspection Services Division: _.Economic, Development, Permit and Inspection Services Subject: [; M-.Kea-rn = erbert- Buffalo River Improvement Type in Upper and f [: Lower Case, Only I [: Prior Council Reference: (If Any) Text ( Type Single Space Below [: Item No. #79 C.C.P. July 25, 2006 I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information in reply to #79 C.C.P. July 25, 2006 M. Kearns -P. Herbert - Buffalo River Improvement. There are currently four publicly owned "launch" sites on the Buffalo River as follows: -Ohio Street, NYS DEC launch site, improved with boat launch and parking. located just up river from where Buffalo River enters the Buffalo Harbor. -Smith Street, Buffalo City park, no ramp but can launch small craft by hand from improved parking lot. Developed as a habitat restoration project by Erie County. - Bailey Ave, City park, can launch after short walk through woods to muddy beach, no ramp and no parking. Very scenic site where Cazenovia Creek joins Buffalo River. Developed as a habitat restoration project by Erie County. Harlem Road, DEC launch site, good parking lot, but must carry craft short distance to water. Located at uppermost stretch of navigable portion of Buffalo River. There are preliminary plans being developed for new waterfront parkland in the vicinity of the Valley Community Center. These plans will include a bike path /walking trail to complement the Riverwalk along the Niagara River and the proposed trail to the outer harbor. The recently approved settlement with the New York State Power Authority will provide funding for greenway improvement projects. The first of the funding will become available in 2007. We would be pleased to forward a new small boat launch project to the Greenway Commission if a site were identified and a suitable sponsor was found. I suggest that Mr. Herbert undertake a project to identify possible sites that will provide both a location for a safe launch ramp and sufficient parking for cars and trailers. REFERRED TO THE SPECIAL C OMMITTEE ON W ATERFRONT DEVELOPMENT Type Department Head Name: Richard M. Tobe Type Title: C4M STONER �`- Signature of Department g p Head: CITY OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES Byron W. Brown, Mayor Richard M. Tobe, Commissioner August 26, 2006 Ms. Laura Kelly Director Old First Ward Community Association 62 Republic Street Buffalo, New York 14202 Re: 71 and 7 Louisiana #50 CCP June 27, 2006 RMT #s 827, 859, 963 Dear Laura, I am writing in response to your letter to me and the Buffalo Common Council regarding 71 and 73 Louisiana Street. Please be advised that 73 Louisiana Street has been bid for demolition. I expect that it will be down this month or early next month. The property at 71 Louisiana has been ordered demolished by Housing Court. It is being inspected for asbestos and should be included in the next bulk demolition bid. Thank you for writing and I look forward to working with you on the other properties that need this treatment. Sincerel ours. 12 REFERRED TO THE COMMITTEE Richard Tobe W TI g Commissioner OFFICE OF THE COMMISSIONER 65 Niagara Square, Room 324 City Hall • Buffalo, New York ,14202 -3303 Phone: (716) 851 -4972 9 Fax: (716) 851 -4242 • rtobe@city- buffalo.com #1 (Rev. 1193) Si {e Page Communication to the Common Council To: The Common Council: Date: July 13, 2005 Froth: Department: Division: T in U T er and { Lower Case Only De artment of Economic Deveio nzent Permit &Ins eetion Services Office officenses 000054 Subject: [: Restaurant Dance Class IV {: 199 Delware (Ellicott) Prior Council Reference: (If Any) [: Ext. {Item No. xxx C.C.P. xx/xx/xx): Text (T e Sin le S ace Below }: s� v Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class 1V License located at 199 Delaware and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class IV 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 Christopher Wahl. The attached thereto for Christopher Wahl d /b /a Club W Inc. This request is submitted for your approval or whatever action you deem appropriate. A EF E R RED T _ C ON LEGISLATION. I 1pe Department Head Name: RICHARD M, TOBE J�ype Title: CO SSIONER Signature of Department Head: RMT:mrz P-147C (Revised 3196) TO BE M-AILFD TO: Buffalo police Departmeat Id Section 74 Franklin Street 1420`' ApPLICATrON RELEASE FORM Burr 0 New York rocess this data. By mail, payment by MUST be made by mon�e'q.uatea acc epted' Make money NOT send cash There is a $10.00 fee tap . money order or cash. Check through the mail. In person, payment can be made - Y-- �--- -- orders payable to the Buffalo Police DepartIneRt all the ed se lf- a ddressed envelope so that this information can be mailed {or) commissioner f Be sure to include a stamp ou WILL "NOT inforinatioxl listed below and have your identification a ion Without total comp an ' to these instn�ctions, y „ Deeds, as listed on the bottom of thrs applrc receive the requested. information. ALIT SIGNATUWS MUST BE GIUGINAL /MAIDEN NAME -- NAME OF APPLICANT'ti..� SEX RACE CURRENT ADDRESS: DATE OF BIRTH: 1 r o r S I w sOCIAL SECURITY M. REASON FOR REQUEST: SIGNATURE OF APPLICANT DATE 3 State of New York ) u ca' "; County of Erie ) SS City "of Buffalo © n the day o f M)o 1 4 before me persoua�.y' ,. "] to me known to be•the same person describern, appeazed who executed "the forego g Instrument aztd ackoov+'ledged the exeouti thereo otary publi Commissioner of Deeds Y IDENTIFICATION SECTION PERSONNEL SEC PE .... ......... ........_....... :...............:........•.TO BE COMPLETED B .. .,..._ . ._..,_.._ co VERIFIED BY NO RECORD ON FILE DATE VERIFIED L_ ORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION DO NOT RETAIN AFTER 66 NOTE: USE OF THIS INF - DAYS TP OM DATE VERIFIED- NOT VALID UNTIL STAMPED- 08- 18 -'06 15:22 FROM - CITY OF BUFFALO OFFICE OF LICENSES 313 CI'T'Y HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY I ]DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION -FOR; CLUB W INC ,2 f7-5; LICENSE TVPI;: RESTAURANT/DANCE BUSINESS ADDRESS: BUSIl+1ES$ PRONE: COUNCIL DISTRICT: POLIM DISTR14CT: APPLICANT NANW: APPL. PHONE: APPLICATION NUMBER: REFERRAL bAI'E: REMARKS: DISAPPROVAL REASON: 199 DELAWARE 866.9077 EL 03 CHRISTOPHER WAHL 542846 05112/2€106 NAND LICENSE 2006 (TO BE COMPIXTED B1( AGENCY/DEP NT REFERRED TO) / ART APPROVED DATE :�! .� aN DISAPPROVED DATE• m E 0 RENIARKS• _ DISTRICT CAPTAIN: APPROVED DATE: DISAPPROVED DATE: ** *REASON R:OR, DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: - AFTER INSrEICTION PLEASE CODVL LETE AND RETURN THIS REFERRAL TO 'TRW' O'FFlCE OF LICENSES. THANK YOU. AppSl§al pr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: CLUB W INC. LICENSE TYPE: RESTAURANTMANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS`T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 199 DELAWARE 866 -9077 FL 03 CIiRIS`TOPHER WAHL 542946 05/12/2006 NEW LICENSE (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: lv f w 6 , 07 V' I G J 20 INSPECTOR 1 � RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES THANK YOU. Appsrip2.rpl 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: CLUB W INC. LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 199 DELAWARE 866 -9077 EL 03 CHRISTOPHER WAHL 542846 05/12/2006 NEW LICENSE 2006 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) _w DATE: APPROVED DISAPPROVED DATE: DISAPPROVAL CALL RACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: �f C��v����1 RM # EXT INSPECTOR rk AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpt CITY OF BUFFALO OFFICE OF LICENSES , 313 CITY HALL BUFFALO, NEW, YORK 14202 (� INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT OFF OF ZONING &USE REFERRED TO FITZMRALD APPLICATION FOR: CLUB W INC LICENSE TYPE: RESTAURANTII)Ai�TCE. NEW,: LICENSE 2�}fl6 BiISINI SS ADDRESS:.' 199 DEL . —Il BUSINESS PHONE 866 4077 COU DISTRICT.:; POLICE DISTRICT `fl APPLICANT NAME: .. iCH1uSTOPHE2 WAHL `APPU PHONE:: APPLICATION NUMBER: 542846. REF ERRAL DATE: 05112/2046 ;..REi4IARKS , - DISAPV40"L REASON (TO BE COMPLETED BY AGENCY/DEPARTMEI�t F REFERRED T O) 1 4 -- DATE. A PPROVED: DISAPPROVED DATE DISAPPROVAL DATE... CALL BACK * *REASt)N FOR DISAPPROVAL MUST BE STATED BELOW * ** * REIVIARKS:� �` ( 1 EXT— RM# .0 INSPECTOR . AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS LICENSES THANK YDU. Arasft�a.T�� REFERRAL, OF THE OFFICE OF - VHF's' :a�a+ x.. ,•- -__.•- - - ------- A --- - - Y$4"TO IU OQ� KT T*a NO TXCEMO S / b j s y �- DANCZ .- ��en+�xcsgcr, C�l� � • srcu, i�'.�3 ���q(, of ygsa,ott3 pT'!zs? CO "tiLTCANT NAME cO- APrUCA DiY ��n � asojuG+►cs)' T" o���► �' %v� fr✓ /n c5' - • DAB fNGUIIPOltA� - - GOItY<T�RTIONNANII� n Giub - « A n Bt7sIlV95 �D�►i�&ss l '•`l L' %rh we, tom— srA TE TALC ID M Mb Z �- 1N vAXs c yo � Yom.._' • - uPr�alvrs 1 _ ca wrrLrca Dlata _ L t 'o � A - rou Axk Np.or * MUAIW'TOLW...._ xo.nF�[?►?vvN� Y = NiT_ sMCI'S"�MS1�I� MAC�RS_.�_ - - - - .. - - ip _ub,pri swdm!v *#Pyw ma Artr_.�� Dal of Cfigr of Nnr : NUN REFUNUABI APFUCOWN Fn- T & A 6L. 0sIT No.-/ (o I Ge r a rL� t� E C � s ) #I (Rev. 1193) Slagle Page Communication to the Common Council To: The Common Council: Date, August 15, 2006 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses 00005 ,Subject: [: Second Hand Dealer [: 3079 Bailey (University) Tv e � and [: L ,ower C ase 0111y Prior Council Reference: (If Any) I xt. (ltem No _xxx - C P. xx /xx/xx): -�- - Text ( }rte Singj!e S )qcc Bclow): v Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined [lie attached application for a Second Hand Dealer License located at 3079 Bailey and find that as to form is correct. 1 have caused an investigation into the premises for which said application for a second Land dealer license is being sought and according to the attached reports from the Zoning Office, hire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused are investigation by the Police Department into [lie moral character of' (:harks Smithgall. The attached thereto for Charles Smiingall d /h /a SFA /Aarons. This request is submitted for your approval or whatever action you deem appropriate. NE FERRE D ►i LEGISLATI ON `I�ype Department Mead Name: RICi -LARD .M.'OBE Typc "Title: CO.M. . 'SIONER .=v_ Si Yq ire of Department Head: RT: �9Z:.jcl Interdepartmental Memo Date: August 15, 2006 To: Richard M. Tobe, Commissioner From: Mary Zizzo, Supei visor of Licenses RE: Conunon Council Conununication — Second Hard Dealer at 3070 Bailey. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Second Hand Dealer application to the Common Council: �.1Lonii� Office g ire Prevention ,._ Building Inspection J L.I Yoliee Department Police Record Check Application Supervis of l" s �LY, AK Date __ Personnel Background Report for SMTHC3'rAI.L, CHARLES, Page I of 1 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: TIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: AARON'S LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 3079 BAILEY BUSINESS PRONE: (716) 446 -0999 COUNCIL DISTRICT: DE POLICE; DISTRICT: 06 APPLICANT NAME: APPL. PHONE: () " APPLICATION NUMBER: 543939 REFERRAL DATE: 07110/2006 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: ___.e_ DATE: DISAPPROVED DISAPPROVAL CALL! BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT v AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS r z REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. rlppSl r p CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: AARON'S LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 3079 BAILEY BUSINESS PHONE: (716) 446 -0899 COUNCIL DISTRICT: DE POLICE DISTRICT: 06 APPLICANT NAME. APPL. PHONE: 0 - APPLICATION NUMBER: 543939 REFERRAL DATE: 07110/2006 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) P DATE: � f ����. - - - -- DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: "REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT i 'S AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsrpz.,pr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: AARON'S LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 3079 BAILEY BUSINESS PHONE: (716) 446 -0899 COUNCIL DISTRICT: DE POLICE DISTRICT: 06 APPLICANT NAME: APPL. PHONE: () - APPLICATION NUMBER: 543939 REFERRAL DATE: 07/10/2006 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2007 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) PPROVED DATE: D PPROVED DATE: DISAPPROVAL CALL, BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT �.f AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSrtp2.rpr CITY OF BUFFALO I OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: AARON'S LICENSE TYPE: SECOND HAND DEALER 0 � BUSINESS ADDRESS: BUSINESS PIIONE: COIINCI(. DISTRICT: POLICE DIS'T'RICT: APPLICANT DAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 3079 BAILEY (716) 446 -9899 DE 06 () - 543939 07/10/2006 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: F NEW LICENSE 2007 DATE: DATE- " * *REASON FOR DISAPPROVAL MUST BE STATED BELOW " REMARKS: COMM. OF POLICE: c ,-�2 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU AppSfrp2.rpr 07/09/2005 21:49 4044959708 SEI /AARQNS . ���µt�nvs�� �� • ern �ar,>�1� .�►r.�� �� ' ; �', C M HOWr� ,��c,►rrr rEe�nt _, - PUT C04MIC M AVIV izrXVM (COWX x°' rl 14 Cr • V WiAja TAX 10 W, TW&VA, cx oat 1l� t► off - )%AYY YOV W, RO T #Am wrm, A it JND .ft 64!fOft ^k-w f p i Lr� SnB ®fTB DO Notary PubNc N w Xarl: MKolb COUhW. Ge 041& CAmmisslah Ewims W 03W NON SABLE ApnJCATION FEE 1 1 _ 1 E PAGE 02/02 .r City Clerk's Department BUFFALO September 8, 2006 HON. BYOON 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. 56 PASSED September 5, 2006 Second Hand Dealer -1021 Broadway (Fill) Gerald A Chwalinski City Clerk Ill (kcv. 1143) sin_lic_ Pie Communication to the Common Council `1'o: The Common Council: Date: August 15, 2006 Prom: De artment of Economic Develo mient Permit & Ins ectiou Services Division: Office of Licenses SUbject: Second Hand Dealea- [: 1021 Broadway (Fiillnnore) � _y il j > 1)pe and I f _I_,owe Casee O��lv Prior Council Reference: (If Any) [: I xt. (Iten) No._x Q C.P xx /x.x/xN Text (YIN-S.-in};-le Space Below): C Pursuant to Chaptcr 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1€721 Broadway and find that as to form is correct. I have caused all investigation into the premises for which said application for a second hand dealer license is being sought alld according to the attached reports from the Zoning Office, Mire Department and Building Inspections. 1 find it complies with all regulations and other applicable laws. 1 have caused an investigation by the Police Department into the Moral character of Charles Smithgall. The attached thereto for Charles Smithball d /b /a SBI /Aarons. This request is submitted for your approval or whatever action you deem appropriate. I Dcl)artment Ig.ead Nanic: RICHARD MA 'OI31 ape Title: COM SIONfsR S iature of Department .I4 cad: RT:M7jd j Interdepartmental Memo Date: AUgust 15, 2006 To: Richard M. I'obe, Commissioner From: Mary Zizzo, Supervisor of Licenses RE; Common Council Conimurtieation --- Second Hand Dealer at 1021 Broadway . Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements :fora Second Hand Dealer application to the Comunon Council: �oning Office w e Prevention ilding Inspection L9 Police Department Police Record Check Y Application w4 v -&-7� Super or o �L' n Date Yersonne1 L)a(;jtgt(Juttu IWI)VIL IM OIYII I I I" i J-J-, No tinatch was Rune within the GiS %tic wide:Patabasp l �V 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: AARON'S LICENSE TYPE: SECONDHAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1021 BROADWAY (71.6)896 -2616 DE 06 543940 07/10/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPRO>. DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE; ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** INSPECTOR 1� fi ` � RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. ApAVip2 ipt CITY OF BUFFALO OFFICE OF LICENSES /1 313 CITY HALL BUFFALO, NEW YORK 14203 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: AARON'S LICENSE TYPE: SECOND HAND DEALER 42 7,!r BUSINESS ADDRESS: BUSINESS PHONE:. COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE. APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL. REASON: 1021 BROADWAY (716) 896 -2616 DE 06 543940 07/10/2006 O BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) 1 1 Z APPROVED DATE: DISAPPROVED REMARKS: DISTRICT C) APPROVED DISAPPROVED DATE: DATE: NEW LICENSE 2007 ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW"* REMARKS: COMM. OF POLICE: ` i AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS RppSrr ZY r REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. n y DATE: 7 CITV OF BUFFA�v OFFICE OF LICENSES 313 CITY HALL BUFF ALO, NEB' YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY t DEPARTMENT: OFF O ZONING &USE REFERRED TO: KEVIN FITLGERALT? APPLICATION FOR: AAR `TYPE: SECOND HAND DEALER LICENSE 1021 BROADWAY BUSINESS ADDRESS: (? 16) 896 -26 BUSINESS PHONE: DISTRICT: DE, COUNCIL POLICE DISTRICT: 66 APPLICANT NAME: O APPL. PHONE APPLICATION NUMBER: 54394 0'7!10/2006 RETERRAL DATE: REMARKS: DISAPPROVAL REASON: NEW LICENSE 2001 COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) (TO BE APPROVE DISAPPROV DISAPPROV 1 .i BACK DATE: DA'Z'E: DISAPPROVAL M_ UST B STATED BELOW ** ,**-REASON FOR _.�..---- REMARKS: INSPECTOR Q EXT 1' RM# AFTER INSPECTION F E O F LICENSE& R EFEVitAL OF THE OF AND RETURN THIS THANK YOU. A rpr CITY OF BUI'rAL OFFICE OF LICENSES 313 CITY IIALL BUFFALO, NE:'� YORK 14202 INSPECTJONIAPPROVAL REQUEST ;i AGENCY 1 DEPARTMENT: UoljSINO PROPER INS TY REFERRED TO• Kv?,VIN FITZGERALD FOR: AAR APPLICATION SECOND HAND DEALER LICENSE TYPE: 1021 BROADWAY BUSINESS ADDRESS: (716) 896 -2616 13l1SINESS PIioNE: DISTRICT: DB COUNCIL POLICE I)IS I RICT: 06 APPLICANT NAME 0- A,t,pl,. 'PHONE: APPLICATION NUMBER: 543940 0711012006 REFERRAL DATE: NEW LICENSE 2007 RFMALRKS: DISAPPROV AI' REASON-- D BY AGENCY /DEPARTMENT REFERRED TO) (TO .DF CO MPLETE DATE: APPP.OVFD DATE: DISAPPROV DISAPPROVA DATE : CAi,LBA" *x *REASON FOR DIS AppItOVAL MUS BE STATED BELOW' * *� REMARKS: 5&1- EXT a RM# INSPECTOR THIS TION PLEASE COMPLETE T AFTER INSPF REFERRAL OF THE OFFICE OF LICENSE App,SI ipl rp! 07/09/2006 21 :49 4044959708 SEI /AARONS fxrv OFFXG ! OFUMMS its COTOAZ j XMFALO, XW)AW112�7' O'i�[1IDID TM O rYiaCk 7GM Um G1at GAAkAcg S" - BONN MOM CO =A[�.IGANI � - ■[rte � °�� � Pik= off t aorw►u "MAVA,C VAYY*!OUNVIt r- tWAO r Alm vmro=Txo-- (w ArPL M (WA %ix. A� t R S�iE t lIL4 PAGE 02/02 r) &ne Form ON Notary PubRi if . 2V I peKelb G)UrirEY. Georgte CQZ6i&alots 1fts 08/431 ` NON RZ"M"LE "nJC r,TION FEE Mr. Bonifacio moved: That the above communication from the Department of Economic Development Permit and Inspections Services dated August 15, 2006 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Charles Smithgall, d/b /a SEI /Aarons located at 1021 Broadway. Passed. 53 PJ.S: rm v I T:\wp60\msword\miv\5 30-5 a, doe SEP 1 8 2006 *AYE* NO * BONIFACIO , DAMS FONTANA FRANCZYK GOLOMBEK KEAR NS LOCURTO RUSSELL THOMPSON [MAJ -S] * 9 * 0.* (2l3 - 6 ] (3/4 - 7] City Clerk's Department BUFFALO September 8, 2006 HON. BYOON 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. 57 PASSED September 5, 2006 Second Hand Dealer -100 Grant St. (Niagara) Gerald A Chwalinski City Clerk 111 (Rev. 1/93) Single Page Communication to the Common Council To. The Common Council: Date: August 22, 2006 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: : Second Hand Dealer [; 100 Grant St (Niagara) T l2e in Upper and I [: � Lower Case Onl� [: Prior Council Reference: (If Any) [: I xt. ( l.tgn No. xxx, C.C.P. xx /. xx Text ( I:y Single Space Bel_ , Ab Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 100 Grant St and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Charles Smithgall. The attached thereto for Charles Smithgall d /b /a SEI /Aarons . This request is submitted for your approval or whatever action you deem appropriate. Li�yRe l:)eparttnertt Ilead Naiiie: RICHARD M. TORE ype Title: COMMISSIONER Signat €ire of Department Head: RT:M7:jd � Interdepartmental Memo Date: August 22, 2006 To: Richard M. Tobe, Commissioner From: Mary Zizzo, Supervisor of Licenses RE: Common Council Communication — Second Hand Dealer at 100 Grant St . Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements fora. Second Hand Dealer application to the Common Council: l`J ' oning Office j ire Prevention 13uilding Inspection Police Department Police Record Check Application Superv' r 4,ice Date rC rSt)III it .I \.GjJVAL IM 01VII IIJt�_Jrvt.3 " �l.i�"�i�i.,L�v� .�u - GENERAL INFORMATION SERVICES, INC. PROVIDING THE HIGHEST LEVEL OF SERVICE TO OUR CUSTOMERS THROUGH EXPERIENCE, PROFESSIONALISM, AND TECHNOLOGY SEl AARON'S INC. Personnel Background Report Name: SMITHGALI_, CHARLES A. 3 Res. Address: ATLANTA, GA 303.05 2690 HABERSHAM Date Requested: 7/10/2006 Date Completed: 7/12/2006 ( ©D 1621) CRIMINAL :HISTORY Attention Of: AMCINTOSH Social Security #: Date. of Birth: 71711942 Customer ID: AARSE101 Case Number: 7607583 .._. t`rivikS�rir3n �� !t;lS N117"!C?NI1IIIDF CRIMINAL DATABASL�.SEARCNI No match was found within the GiS Nationwide Database. You agree that your requesk for this report is permitted by law and that you intend to use the report only for a purpose permitted by the Fair Credit Reporting Act and local law, and no other purpose. This report is based upon observation and information provided to General Information Services, lnc. (GiS). For the fee charged, GiS does not assume any liability arising out of the use of this report by you or others. You, or any other user of this report, agree to hold GiS harmless from any liability arising from the use of this report Em C lient .Service General Information Services; Inc. - P.O. Box 353 . .Chapin, SC 29036 - (877) 590 -4012 Published on 7/12/2006 at 10:41:12 AM https:IlhoImes.geninfo. corn /llolmes /PublishReport.asp 7/12/2006 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: AARON'S LICENSE TYPE: SECOND HAND DEALER a -� BUSINESS ADDRESS: 100 GRANT BUSINESS PHONE: (716) 881 -1815 COUNCIL DISTRICT: DE. POLICE DISTRICT: 06 APPLICANT NAME: APPL. PHONE: 0 APPLICATION NUMBER: 593992 REFERRAL DATE: 0711012006 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2007 � V 63 dMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: REMARKS: DISTRICT CE APPROVED DISAPPROVED DATE: To ,k) f o ff q *A *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: 1� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. App5rp2.rpt DATE: c t CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: AARON'S LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PIIONE. COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PIIONE: APPLICATION NUMBER: REFERRAL DATE; REMARKS: DISAPPROVAL REASON: 100 GRANT (716) 881 -1815 DE 06 543942 07/10/2006 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PROVE 7' l _4 AP DATE; DISAPPROVED DATE: DISAPPROVAL CALT.. RACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW *** REMARKS: INSPECTOR I ? _ J04C, E't''ro d, ec e4Ce z q a 8,S �vJ 4433 3) Is 1 .5' ;tort NEW LICENSE 2007 RM# 3 -z / EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsr p2 rpf CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: AARON'S LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 100 GRANT BUSINESS PHONE: (716) 881 -1815 COUNCIL DISTRICT: DE POLICE DISTRICT: 06 APPLICANT NAME: APPL. PHONE: 0 APPLICATION NUMBER: 543942 REFERRAL DATE: 07/10/2006 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) A DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# ® EXT &Z c6 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. rlppsrrp2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN F'ITZGERALD APPLICATION FOR: AARON'S LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 100 GRANT BUSINESS PHONE: (716) 881 -1915 COUNCIL DISTRICT: DE POLICE DIS'T'RICT: 06 APPLICANT NAME: APPL. PHONE: () APPLICATION NUMBER: 543942 REFERRAL DATE: 07/10/2006 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW ` REMARKS: 7 I f l e- 1 11 RM INSPECTOR EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSrrp2.rpf 0 ,. 1% 2 or j ig ary -UnFAM aW Par 1420 A te. Maw m AT WS QWID. Of VItM OSS-----' r"Am"m CO , Arr "C*n AMID OR pRd, Rol" giAjs VALE to PAT& 001INVACTSD CWA cwmm"----7 so qT+IX W "M VU...6 WAX'= OM " Arv&jw arm PM sine FR(MO N Pubtic DeKIrO Gw*- Gewg" e 091E ro7 NON JS ASTUCATION FM jWUNP" �'I Mr. Bonifacio moved That the above communication from the Department of Economic Development Permit and Inspections Services dated August 22, 2006 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second hand Dealer license to Charles Smithgall, d/b /a SEI/Aarons located at 100 Grant Street. Passed. 54 PJS:r,nv T :hvp60\ins%vord\nnv\54c9- 5a.doc S p 1 8 2006 �s t` *AYE* NO * BONIFACIO * FONTANA FRANCZYK COLOMBEK KEARNS LOCURTO * RUSSELL THOMPSON [ MAJ - 51 * g # 0 [213 - b] [ 314 - 7 #I "(Rev. 1/93) S6191Cfate Communication to the C011)14101) C.OL1116I To: The Common Council: Date: August 15, 2006 000058 From: De partment of Economic Development, permit & Lis ectiola Services Division: Office of Licenses "I, e in_1 Low Case o ply I SubJect: [: Second Hand Dealer [: 1384 Main (FIlicott) Prior Council Reference: (If Any) [: Ext. (Ite No. N XA 1 . 1 1 . xxlxxlx "Text (_I�I� Si� te . Sc Below): �b Purs €cant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached applications for a Second Iland Dealer License located at 1384 Main and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports froln the Zoning Office, )~ire 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 Charles Sinithgall. The attached thereto for Charles Smithgall dlb/a SEIIAarons. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE C OMMITTEE ON LEGISLATION. Type Department Head Name: RICIIARD M. TOI3E Ty - )c '.Title: CO SSIO Si nature of Department If ead: RT:M %:jd a Interdepartmental Memo Date: August 15, 2006 To: Richard M. Tobe, Con)missioner From: Mary Z177o, Supervisor of .Licenses RE: Conirnon Council Communication ---- Second Hand Dealer at 1384 Main. Per City of Buffalo Ordinance Chapter 254, the following; is a check list of requirements for a S coed Hand Dealer application to the Coninion Council. Zoning Office Ti ire Prevention Building Inspection Police Department � Police: Record Check Appllcatloll Superv'. r of L' -t Date CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORI{.14202 INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: FIRE PREVENTION REFERRED TO: I PUCZK.ALSRI APPLICATION FOR: AARON'S pZvid S <4q -fFcrl ` NEW LICENSE 2007 LICENSE TYPE: SF.,COND HAND DEALER BUSINESS ADDRESS: 1384 MAIN BUSINESS PHONE (716) 8$5 -2610 : (71 . COUNCIL DISTRICT: 06 POLICE DISTRICT: APPLICANT NAME: 0 APPL. PRONE: 543936 APPLICATION NUMBER: 07/10/2006 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: (TO 13E COMPLETED BY AGENCYIDEPARTMENT REFERRED TO} APPROVED DATE DISAPPROVE D DISAPPROVAL DATE: CAI..L RACK * * 4 REASON FOR DISAPPROVAL M ST BE STATED BELOW REMARKS: Li . P--, • 6 mas er INSPECTOR RM# z f EXT — �---�— AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS AppShp2.rpt REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO f� OFFICE OF LICENSES 1 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: AARON'S LICENSE TYPE. SECOND HAND DEALER 0 BUSINESS ADDRESS: 1384 MAIN BUSINESS PHONE: (716) 885 -2610 COUNCIL. DISTRICT: DE POLICE DISTRICT: 06 APPLICANT NAME: APPL. PHONE: () ` APPLICATION NUMBER: 543936 REFERRAL DATE: 07/10/2006 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 7//� od DISAPPROVED DATE: NEW LICENSE 2007 REMARKS: DISTRICT CAPTAIN: +� APPROVED DATE: DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. Appsrip2 rp1 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY MALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN IaITZGERALD APPLICATION FOR: AARON'S LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 1384 MAIN BUSINESS PHONE: (716) 885 -2610 COUNCIL DISTRICT: DE POLICE DISTRICT: 06 APPLICANT NAME: APPL. PHONE: () APPLICATION NUMBER: 543936 REFERRAL DATE: 07/10/2006 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2007 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DAT E: _ APPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: 7 INSPECTOR RM a EXT t AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App tip2.rpt CITY OF BUFFALO 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: AARON'S LICENSE TYPE: SECOND LAND DEALER BUSINESS ADDRESS: 1384 MAIN BUSINESS PHONE: (716) 885 -26.10 COUNCIL DISTRICT: DI; POLICE DISTRICT: 06 APPLICANT NAME: APPL. PHONE: {) APPLICATION NUMBER: 54393 REFERRAL DATE: 2006 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: EX -� INSPECTOR RM# AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. ApjfSrpzryr 07/09/2006 21:49 4044959103 a.F OF oot:�ierau" � OF ID ja TAU MUM � Qua. .A�� ll��� • Ott !►rmcAmj wig QR'�F��' �t.A iC.AiYTOID p�O�i A (MY 11 1 OF �.l � \ I i i PV 4l ne Fad MOM GDOW- � 1Vo� p'tibllc 1�01�T AppJCATION nE . - � . City Clerk's Department BUFFALO September 8, 2006 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. 59 PASSED September 5, 2006 Second Hand Dealer -776 Tonawanda (North) Gerald A Chwalinski City Clerk jbu It I (Rev, Il93) Siy� 71e_P� e Communication to the Common Council To: The Common Council: Date: August 22, 2006 From: Department of Economic Develo Permit & Inspection Services Division: Office of Licenses Subject: [: Second Hanel Dealer [: 776 Tonawanda (North) ��,pc i�T Up�er and � C: LLo4vq_CAsc O [: Prior Council Reference: (.If Any) [: xt. Ite �� Nn x C.C.I'. xx/xxN : { _.____ . x ._�..__ _ "Text (Typp M1e Space .Below Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 776 Tonawanda and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports frorn the Zoning Office, hire Department and Building Inspections. 1 find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Charles Smithgall. The attached thereto for Charles Sinithgall dlbla SFIIAarons . This request is submitted for your approval or whatever action you deem appropriate. Type Department I lead Name: RICHARD M. `'013L Type Title: COMMISSIONER v ° Si =n�. tattire of Department Head: EZ'1': N►L: j d V VW i ri b Interdepartmental Memo Date: August 22, 2006 To: Richard M. 'Tole, Commissioner From: Mary Zizzo, Supervisor of Licenses RE: Common. Council Coinnrunication --- Second I-land Dealer at 776 Tonawanda Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Second Hand Dealer application to the Common Council: ] Zoning Office ire Prevention Burlding Inspection Police Department j /Police Record Check Application Supervise r ' Lie 1 se. w d 6- -- Date GENERA: INFORMATION SERVICES IN(:. PROVIDING TIDE HIGHEST LEVEL OF SERVfGE TO OUR CUSTOMERS THROUGH EXPERIENCE, PROFESSIONALISM, AND TECHNOLOGY SEI AARON'S Personnel Background INC... eport. Name: SMITHGALL, CHARLES A. 3 Attention Of; AMCINTOSH Res. Address: ATLANTA. GA 30505 Social Security #: 2690 HABERSHAM Date of Birth: 7/7/1942 Date Requested: 7/10/2006 Customer.iD: AARSE101 Date Completed: 7/12/2006 (DD 1621) Case Number: 76075.83 7/12/2006 CITY OF BUFFALO OFFICE OF LICENSES 31.3 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY /DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: AARON'S LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 776 TONAWANDA BUSINESS PHONE: (716) 89&-2 COUNCIL, DISTRICT: DE POLICE DISTRICT: 06 APPLICANT NAME: APPI,. PHONE: Q - APPLICATION NI)MBER: 543941 REFERRAL DATE: 07/01/2006 REMARKS: DISAPPROVAL, REASON: Iav't o )cW5 k % o Z EvO 6 s _ o E y� r e-"O' a 1�y� t � NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: 7 2 � 0 6 DISAPPROVED DATE: DISAPPROVAL CALL. BACK DATE- * "REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR . (� ` Y`' ` > l RM## '� Z / EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppShp2.rpf OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERFY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: AARON'S LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 776 TONAWANDA f (716)84($7s = 3� s D1; 06 () 543941 07/10/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) ,- APPROVED DATE: / , , —Z DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW" REMARKS: INSPECTOR RM# c/ EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSrpz rpr Ul'FY o.F BIJI"FAL0 OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW FORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN T <ITZGERALD APPLICATION FOR: AARON'S LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PRONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 776 TONAWANDA (716) 896 -2616 DE 06 0` 543941 07/10/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: 7 i� Y _ PROVED DATE: DISAPPROVAL CAIJ, RACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT r� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsrlp2,pt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: AARON'S LICENSE TYPE: BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: ;ECOND HAND DI -ALER 776 `I'ONAWANDA (716)4 W, 4 6 * 6 'i i' DE 06 APPLICANT NAME: APPL. PHONE: O APPLICATION NUMBER: 543941 REFERRAL DATE: 07/10/2006 REMARKS DISAPPROVAL REASON: NEW LICENSE 2007 (TO 13 OMPLETED BY AGENCYIDEPAR ENT REFERRED TO) APPROVED DATE: t% ( I)ISAPPROVF"' REMARKS: DISTRICT G APPROVED DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF P DATE: l C) Io AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppWip2rpt -0 UFFALt? nW TOW 14242 " 851 -400 cAA&(A SALE A,VnXCA r OVA � CANre►vA y � rcxer+*Wrrx� cat.►+ w,., co- AkrZ.IcANT ox How rHoNFL- �Te PA T% BD ltA1� Wes, V4r i4A i [JR tai Q�@iD D�4FASI[ OF A"UCA [Pw�. 0m CAVE sCf1jW && vw �tA7�S XRbc7E £ir- - pay — iane Farrel Co Notary Pubtia w York peKa[b County, Georgia Comrnisslon empires p®JOW07 . NON MMCDABLE "PTACATION FEE UCgW 4 %IVUCJ►T" ,4gnwA'nos mw J* Gm0v*%D vN T= pgo" m Uq"W XT 120 OF Ayf'A" 1011 .. _ waui�gst J UNK r J J Mr. Bonifacio moved: That the above communication from the Department of Economic Development Permit and Inspections Services dated August 22, 2006 be received and .filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Charles Smithgall, d /b /a SEI/Aarons located at 776 Tonawanda Street. Passed. 56 YJS:rmv T:\wp6ftisword\rmV\56c9-5a.doc r SEP 1 8 2006 l *AYE* NO * BONIFACIO * �` DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [MAJ - 51 * 9 0 [ 2/3 - 6) f 31 - 71 City Clerk's Department BUFFALO September S, 2006 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. 60 Second Hand Dealer -1484 Hertel (Del) PASSED September 5, 2006 Gerald A Chwalinski City Clerk f G J #I (Rev. 1193) Single Page Communication to the Common Council To: The Common Council: Date: August 30, 2006 oG Prom: Department of Economic :Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Second Hanel Dealer j: 1484 Hertel( Delaware) Type in Upper an 1 Lower C ase Only [: Prior Council Reference: (If Any) [: Ext. (Item No. xxx, C,C.P. xx/xx/xx Text ( Type Single Space Below Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1484 Hertel Ave. and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I. find it complies with all regulations and other applicable laws. I have caused are investigation by the Police Department into the moral character of John Marfoglia. The attached thereto for John. Marfoglia d/b /a John Marfoglia Antiques . This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: RICHARD M. TOBE Type Title: COMM TONER Signature of Department Head: RT:MZ:jd 'J' �Dlg Interdepartmental Memo Date: August 30, 2006 To: Richard M. Tobe, Commissioner From: Mary Zizzo, Supervisor of Licenses RE: Common Council Communication -- Second Hand Dealer at 1484 Hertel Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Second Hand Dealer application to the Common Council: a Office L� ire Prevention 2 Inspection if ii �z Police Department olice Record Check Application K Date 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: JOHN MARFOGLIA ANTIQUES LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 1484 BERTI=,1, BUSINESS PHONE': (716) 913 -8549 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: JOHN MARFOGLIA (716) 759 -8226 543937 07/10/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) A PROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *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. Il A4ppSlp2 rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY f DEPARTMENT: HOUSING PROPERTY 1NS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: JOAN MARJ OGLIA ANTIQUES LICENSE TYPE: SECOND HAND DEALER REMARKS: DISAPPROVAL REASON: 1484 HERTEL (716) 913 -8549 JOHN MARI (716) 759 -8226 543937 07/10/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) DATE:_ S 6� gfd DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** RM4 EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSl ip2. rpr J� it CITY OF BUFFALO 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: JOHN MARFOGLIA ANTIQUES LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICF DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 1484 HEWI L (716) 913 -8549 JOHN N1AR OGLIA (716) 759 -8226 543937 07/10 /2006 NEW LICENSE 2047 DATE: f- - 4z�� - - DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. � '0)�' AppSl ip2. rpt CITY OF BVFFALO ' ` . URICT- ' ` . e (Revised 3195 APPLICATION RELEASE FORM TO BE MAILE °0- I Buffalo Police Department identification Section 74 Franklin Street Buffalo, New York 14202 c" -0 - r i There is a $10:00 fee to process this data. By mail, payment MUST be, made by money order: 1) Ti ' through the mail. In person, payment can be made by money order or cash. � Checks are not accepte4, j_. orders payable to the Buffalo Police Department. •• � l Be sure to include a stamped, self. - addressed envelope go that this information can. be mailed to you.:.�vmpletll the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of. Deeds, as listed on' the bottom of this applicafion. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIIGNAT MS MUST BE ORI NAME 'OF APPLICANT Dw T SEX RACE CURRENT ADDTRESS: DATE OF BIRTH: SOCIAL-SECCTRITY #: • -,.. _ - REASON FOR REQUEST: �[ IIVIAIDEN NAME I t5L C A r a3 , SIGNATURE OF APPLICANT DAT State of New York ) County of Erie ) SS, City of Buffalo ) . On the J day of 19 7 t).0 efore me personally '� p ' o me Imown to be the same person described in, and appeared �J o f y� `' "' I who executed the foregoing instrument an clmowledged the execution thereof. �blic /Commissioner of Deeds .......... .........TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL.....:. .' . . ' t RECORD ATTACBI~D L VERIFIED BY Y NO RECORD ON FILE DATE RIF NOTE. USE OF THIS IS NOT BASED ON F1NGE IDENTIFICATION. DO NOT RETAIN AFTER 5U DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMP D. CERTIFICATE OF DISPOSITION STATE OF NEW YORK ERIE COUNTY PEOPLE OF THE STATE vs, JOHN J. MARFOGLIA; CASE N0: 95020036 Date of Birth: Date of Arrest: Disposition Date: OF NEW YORK Defendant 06/15/196 02/04/1995 02/1'/199 ORCHARD PARK TOWN COURT CRIMINAL PART Section Section Ticket No & Dis Dosition Fine Civil -Fee Char ed DiAlDosed Descri tion Fine VTL VTL TT153065 3 2500 0.00 1163 -B 1201 Parkin VTL VTL TT153068 6 Dismissed 0.00 0.00 319 -1 319 -1 No insurance VTL VTL 512 M530675 C. Re istration Dismissed 0.00 0.00 512 VTL VTL TT 153066 4 Qnlic 4 er FinelSurch 25.00 0.00 511 -1A 509 -1 Upon a proper request for an official statement having of disposition, appeared betoreO i certify that the above named defendant above. Each of the charges wasO this court was charged as shown disposed of as indicated. Dated: The 19th day of July 2006 Judge /C11erk NOTE: A copy of the request will be filed with this certificateO in the case records. CAUTION: This information must not be divulged if the case isO sealed or where the defendant has been adjudicated a youthful❑ offender. Defendant, Agency, DA Copies: � Court, __ -- MU�k'UE{ H,I.L:L� �- CJ'1'HI•!:tt p �cE REP ORT ,. QFFENSE , pCC111111 CE ���o. n PIS �TLO512 4. DATE B TWE WMIRNO (OTO, TMO) V 02/04/95 00:29 E 9. PLACE OF OCCURRENCE £ADD, MUN) T MILE STRIP il. iAST NAME (HAMy V I is. STREET NO. 200 STREET NAME NDRI T I 26 OCCUPA" (OCCI M E 29. LAST NAME (NAM] F 0 e T Y 37. 1111 N0. 38. STREET NAME ill') E 0 5- DAY OF :JAT RD. 006059 Q . RRST HAW DATE 6 -TIME REPORTED IOTR, TMRI 2/04/95 00 :29 10 TYPE OF PREMISES (PRM, tNIT. 14. JR /SR 1 15. RACE (W a2l. RY. TONM �i TRI AGE (Cal zt� sTIUE 23. 2!P 27. SOCIAL 2 is EXTENT OF MLR/RIES 11W) 30 FIRST NAME 31, INa. 32_ JR /5R 33 - RACE (RAC) ........... rr1Y, 10WN 4Ca) 40. STATE 41. ZIP 44. LAST NAME (NAM) - _ 45. FIRST HAMS S s JARFOGLIA JOHN U u S 51_ SCARS /M LINT) 52, NCT 53. WGT. $4 HAIR (K4 55. EYE i oS 5 0I 17.E AO B O R E E w .TE`MLAY WM-AI 61- OTHER CKARACTERSM {OTHER -CHAR) G C T T 63_ STREET NO. W. STREE NAME (AAR) (� 12 PRENTICE 70, HOW ATTACK (HAT) 6$. cRY, TOWN ST LOCKPORT T 46. L• 56 SVLO IBi 66. STATE 67, TIP NY14094 71 MEANS DF DR 5 5")1278 O � 7. TRACT 8 BLOCK (G suRl !6. SEX 17. DUB. ACE $ AFT - 24. RESUKE WON 0") 25. BUSINESS PHONE IM) 18A RfLATMSHIP (REU 35. DUB 42. TELEPHONE RES. (RPH. $PHI ,)R /SR 4 T RACE (RAC3 149. Sl. COMPLEX (SKNy 58 CLOT 68. iELEPHONE RES. (HRH, $PHI 139 - -8636 AG L INIA". SINfSS 43. SOCIAL ST. AGE / U. 0. B. 6/15/61 EAM. ISINESS 0 SOCIAL SiCURM (SOO )2- YEAR R MAKE "Y VMAS 73- MODEL t MDI 74 BOOM srf" ivs 75. COLOR {YE 1 76. LICENSE NO {1X;1 77. STATE ILISI 7 8- USED BY OR V1H. v�1£ic FORD A BL E G 9996 N c BJECT 79. NARRATIVE: List and describe property taken in full detail: Reconstruct crime; indicate exactly where evidence was taken Irom; list - persons with access to property; indicate sobriety of victim; list witnesses and suspects; describe police action taken, etc. DATE OF ARREST: 02/04/95 *'k* NAM /MARFOGLIA JOHN J,_DOB /061561_AGE/33,SEX CQ/ CHARGE 001 LCD/ VTL -0512 , ,3000, 9_ MOTOR VEHICLE - 1 CHARGE 002 LCD/ VTL,0319 ,01 ,3000, MOTOR VEHICLE CT CHARGE 003 LCD/ VTL,0511 ,01A,3006, _OTHER . -INF RACTI.ONS M r t TC I R CHARGE 004 LCD/ VTL,1163 ,3000. _MOTOR VEHI I THE ABOVE VEHICLE WAS OBSERVED TRAVELING NORTHBOUNLON ORCHaRl R AND DIE) TURN LEFT ONTO MILESTRIP RD WITHOUT ANY TYP T JJF VEHICLE WAS STOPPED AND THE SUBJECT WAS OBSERVED AS THE OPERATAR .- HE WAS ASKED TO PRODUCE HIS LICENSE, REGISTRATION AND I r ANT" STATED HE ONLY HAS HIS LICENSE WITH HIM_ A COMPUTER CHE T REGISTRATION INDICATED THAT IT WAS SUSPENDED ON 1OZ3.1/91) SI 'R B1. moo'' ts2. TREY -TO1 1 B Der ❑ 3 JLIV 0 83 D STATUS d0 3 CLOSED 0 1, 8 cum(() By ARREST 0 ATE 8 TIME Of REPORT ^!^ � YES ❑ NO 0 2 PATROL 0 4 RECORDS 0 , ., , n n Jam, C n rO) (h CLEARED BY ARREST NO 64 REPORTING OFFICER £APO) 8s. 10. NO vo i at %wp EMENT REPORT (SUP -REOI 87 SUPERVISOR 1SPV1 68 TELETYPE HUMefts GATE 1} TIME HOBAR 11 YES 0 N'P-P H ,NN IN fI DEPARTMENT CENTRAL POLICE SERVICES. ORIGINAL I& LAST NAME (NAPS] v 37. STREET h0.. SF T 1 1oa. DCCUPATON (OWC1 m 107. LAST NAME INAMI S S U U. e S 114. V-ARS/M 1SMTI JA P E E 123 JEWELRY I WTA) C C h T i26. STREET N0. 12T. 5 s 139 QUANTITY (NOB) 109. 1N17, 110. 1 19. BUILD Imo) - 129. STATE 1 3D DESCRIPTION OF PROPERTY (DES) 94. SEX 195. 101. LP iOI. AESMCE E [HPH) 106A IR/$R 111. RACE IRAQ ' 112. SEX( 113. DOS 120. COMPLEX 1SKNI 121. CLOTHING 131. iiaPHONE RES. NPH, OPH) BUSINESS AFT. NO AGE GLAWS ILLS) 125. AFT. W. SERIAL NUMBER ESTIM VALE(VAL) 1f1� 11 (SERI S T 0 E N z � 1 R j 0 } P _ f E ? L R ) T ! Y 34. NARRATIVE - CONTINUED r l NOT IN EFFECT AND THAT THE SUBJEGT - S LICENSE WAS SUS � FOR T HE SAME REASON . TH_E S'UBJ.ECT WAS PLACED U NDER TO THE STATION. HE WAS ISSUED TSLEDS FCj�2 3 t 319 -1 VTL AND F�LEASED C S n O FROM THE S RNE ti 02"07/95 AT 6PM. T V THE PLAT 1) W © ('' 106. $OCWT SECURITY 150C) 106 N 108. FIR5T NAME — 115. HGT 115. WGT 113, TWA 41W1 i1B, EYE 124. OTHER oWkACTER4MS SOTHEADW) NAME (AN) 129. CTFY, TOWN icM cIggAaJ0 gASr' oc ;�xrpt c�.noc OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 asI - 4078 LICENSE APPLICATION APPLICATION ?OUST BE COMPLETED IN FULL PHOTO ID REQMED AT TIME OF APPLICATION NO EXCEPTIONS (PL,U% CIWAX Ltd CATRWitY APrl yWr. FOR) USED CAR DEALER 55�SECONOhANDDEALER _,,,,,,SCRAP PROC&SSOR GARAGE SALE WROLESALE JUNK _. PAWNBROKER ItLILA MARKET (NO- OF VENDORS ) DATB�� — CA LICANT OME PHONR( ISM l � APPLICANT NAME G . 7 APPLICANT ADDRESS f�F} �D.,sz'�sB'r! (ET[1rIloWN tst'A cO. APPLICANT HOME PHONE t CO- APPLICANT NAME - - Cd•APPLICANT ADDRESS STRKM ([ TX, lUVYN Ljl YtLi bGQ (STAIR) (om) ATE INCO CORPORATION NAME gUSINRSS NAME Q BUSPOWS ADDRESS BUSINIss PHONE A %1t APN T ROME PHONE yl . FIATS TALX ID NUMB ` - LACE OF BIR'IS ARE YOU A U.S. CI'I'IZENT DAT& OF Ilm ITAVE YOU EVER BEEN CONVICM OF A CRYMEa� ` IF. SO S'T'ATE WHEN, WHERE, NAVE OF OFFENSE AND DISPOSITION LIST PRINCIPAL OFFICERS OF CORPORATION (W APPLICABLE) (,eDOteass) CKAMS) (PAWNBROKER ONLY) GIVE SCHEDULE OF RA'Z'ES PROPOSED Td. BE CHARGED Subscribed and o to efore me Day of Comm issiarurofP and rlhe City of Brtff o, Ne York Signatavc NON REFUNDABLE APPLICATION FEE Mr. Bonifacio moved: That the above communication from the Department of Economic Development Permit and Inspections Services dated. August 30, 2006 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Pern - iit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to John Marfoglia, d /b /a John Marfoglia Antiques located at 1484 Hertel Avenue. Passed. 56A PJS:rmv T:1wpW\ nisword\nm156ac9- 5a.doc A SEP 1 8 2006 s *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMSEK KEARNS * LOCURTO RUSSELL THOWSON 41 (Rev. I/93) Single Page Communication to the Common Council�� To: The Common Council: Date: August 12, 2006 000061L From: Department: Economic Development Permit and Inspection Services Division: Economic Development, Permit and Ins ection Services Subject: [: R. Tylicki -NFTA ROW Near Sterin (sic) Ave. � Type in Upper and � [: Lower Case Only[: Prior Council Reference: (If Any) Text (Type Single S ace Below): [: Item No. #86 C.C.P. July 25 2006 I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information in reply to #86 C.C.P. July 25, 2006, R. Tylicki -NFTA ROW Near Sterin (sic) Ave. You have forwarded this item to me that was submitted to the Common Council by Ray Tylicki. The item asserts that the transfer of the NFTA right of way near Starin Ave was "illegally transferred to private developers." The City is not a party to this transfer however, it is interested in transferring several other parcels that it owns to the east of the property referred to in this communication. The City of Buffalo parcels are in or near this ROW. I have been advised that a transportation corridor has been retained that can be used in the future as may be needed. As a result, I have forwarded this item to the Corporation Counsel for an opinion indicating if there are any legal restrictions that may impact the proposed transfer of City owned land in or near the NFTA ROW. REFERRED To THE COMMITTEE ape Department Head Name: Richard M. Tobe TYAe Title: CI _ ISSIONE Signat of Department Head: >l #1 (Rev. 1/93) Sin lg e Page Communication to the Common Council 00006 r... To: The Common Council: Date: August 28, 2006 From: .Department of Economic Development,_ Permit _& Inspection Services Division: Office of Licenses DTe in. Uppe�an.d f I Lower Case Only I Subject: [: Used Car Dealer [; 1811 N. Fillrmore (Masten) Prior Council Reference: (If.Any) [; Ext. (Item No. xxx C.C.P. xx/xx/xx): Text (Tv Single space Below Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1811 N. Filhnore and find that as to forth 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 Bennie Caudle The attached thereto for Bennie Caudle d /b /a Ben's Tire Center Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. Type Department Head Name: RIC14ARD M. TORE Type Title: COM 'S IONER� �- Signature of Department Head: ^ RT: MZ Jad y' G� Interdepartmental Memo Date: August 28, 2006 To: Richard M. Tobe, Commissioner From: Mary Zizzo, Supervisor of Licenses RE: Common Council Communication — Used Car Dealer at 1811 N. Fillmore Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Used Car Dealer application to the Common Council: Z zZoning Office d Fire Prevention 5 Building Inspection Police Department Y f Police Record Check Application Supervis Lies es Date; P -1470 (REV. 3196) TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo , New York 14202 111 APPLICATION RELEASE FO-RM a CA � `` �` There is a $10,60 fee to process this data. By mail, payment MUST be trade by money order.. DO NOT send cash through the mail. In person, payment' can be made by money order or cash. Checks are not accepted. Make money order payable to Ehe Buffalo Police Department. Be sure to include a stamped, self - addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total comp.iiance to these instructions, you WILL NOT receive the requested information, dQ rt` ALL SIGNATURES MUST BE ORIGINAL NAME QF 4PPLICANT: � � SEX RACE CURRENT ADDRESS: DATE OF BIRTH: SOCIAL SECURIT # REASON FOR REQUEST SIGNATURE OF APPLICANT 4_ - f 4-DATE STATE OF NEW YORK COUNTY OF ERIE ) SS. -➢ CITY OF BUFFALO ) c� On the_ ay of before ire personally appeared = ai L L , to me known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof NDtasy - �/ commissioner of Meds TO BE COMPLETED BY IDENTIFICATION SEC'T'ION PERSONNEL * * * * * * * * * * * * * * * * * ** RECORD ATTACHED VERIFIED BY:� � ® NO RECORD ON FILE DATE VERIFJF -D • . h OT E.- USE OF T TS INF OIxMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPER . AIDEN NAME r- SIGNATURE OF APPLICANT 4_ - f 4-DATE STATE OF NEW YORK COUNTY OF ERIE ) SS. -➢ CITY OF BUFFALO ) c� On the_ ay of before ire personally appeared = ai L L , to me known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof NDtasy - �/ commissioner of Meds TO BE COMPLETED BY IDENTIFICATION SEC'T'ION PERSONNEL * * * * * * * * * * * * * * * * * ** RECORD ATTACHED VERIFIED BY:� � ® NO RECORD ON FILE DATE VERIFJF -D • . h OT E.- USE OF T TS INF OIxMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPER . AIDEN NAME f K, BUFFALO POLICE DEPARTMENT CRIMINAL BACKGROUND REPORT DATE OF INQUIRY: 06/26/2006 14:07:' 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:: CAUDLE, BENNIE. DATE OF BIRTH "m RACE:Biack SEX: M ADDRL-SS :224 BLAINE AV BUFFALO, NY 14211 BUFFALO, NY 14211 SOCIAL SECURITY ': 41111111101111111111= PCN: 40371838 NYSID: BOOKING /ALIAS NAMES: CAUDLE, BEN CAUDLE, BENNIE CAUDLE, BENNIE M CAUDLE, BENNY WARRANT /WANT INQUIRY - RE'FER TO WARRANT M. 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 ERE 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. .ARREST DATE REFERENCING AGENCY CHARGE DISPOSITION 01109/1974 BUFFALO POLICE DEPARTMENT PL 165A0 DISMISSED \_A f�10\ 01 �EIIIS 1NFOIZ��IA] Ii_7` l'KE)HIIII I I?_ H. 1 "t i' ,I ol it _s1 lit- t\t l CERTIFICATE OF DISPOSITION STATE OF NEW YORK ERIE COUNTY PEOPLE OF THE STATE OF NEW YORK VS. BENNIE M CAUDLE; Defendant CASE NO: 01030055 Date of Birth: Date of Arrest: Disposition Date: Adjudication Date: 02/26/2001 05/03/2001 AMHERST TOWN COURT CRIMINAL PART Section Section Ticket No & C har ed Disposed _ — Description Di posi Fine Civil -Fee Surchq VTL VTL LL746518 3 - 1110 - 1110 -A FLD OBEY TRF DEV DISMISSED 0.00 0.00 0.00 VTL VTL LL746517 2 LIC RVK 1192 -3 1192 -3 D.W.I. FINE 500.00 0.00 125_.00 VTL VTL LL746517 2 1192 -2 1192 -2 D. DISMISSED 0.00 0.00 0.00 Upon a proper request for an official statement of disposition, I certify that the above named defendant having appeared before this court was charged as shown above. Each of the charges was disposed of as indicated. ARRESTING OFFICER PERSONS,C MOTORIST ID##C0174955224027 Dated: The 8th day of August 2006 For: Hon. G offrey K. Klein NOTE: A copy of the request will be filed with this certificate in the case records. CAUTION: This information must not be divulged if the case is sealed or where the defendant has been adjudicated a youthful offender. Copies: Court, Defendant, Agency, DA ` _r CERTIFICATE OF DISPOSITION STATE OF NEW YORK AMHERST TOWN COURT ERIE COUNTY CRIMINAL PART PEOPLE OF THE STATE OF NEW YORK vs. BENNIE M CAUDLE; Defendant CASE NO: 0007369 Date of Birth: Date of Arrest: Disposition Date: Adjudication Date: 07/29/2000 09/18/2000 Section Section Ticket No & Charged_ Disposed Description Disposition Fine Civil -Fee Surc VTL VTL LJ6172821 1120 -A 1120 -A FLD KEEP RT DISMISSED 0.00 0.00 0,00 VTL VTL LJ617880 4 1963 -A 1120 -A FLD KEEP RT FINE 25.00 0.00 30.00 VTL VTL LJ617879 3 CD+DDP SSP 1192 -3 1192 -1 DM AL L FINE 300.00 0.00 35.00 Upon a proper request for an official statement of disposition, I certify that the above named defendant having appeared before this court was charged as shown above. Each of the charges was disposed of as indicated. Dated: The 8th day of August 2006 t� For: Hon.. Geoffrey Klein' NOTE: A copy of the request will be filed with this certificate in the case records. CAUTION: This information must not be divulged if the case is sealed or where the defendant has been adjudicated a youthful offender. Copies: Court, Defendant, Agency, DA CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING. & USE CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: BENS TIRE CENTER LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1811 FILLMORE (716) 891 -0281 MA 16 I3UNNIE CAUDLE 0 544025 07/14/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) MAX. NO-OF VEHICLES ALLOWED APPROVED DATE: L L�� 2� DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR l RM# f/ EXT U� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSup2.,pt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 1.4202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATIO.NYOR: BENS TIRE CENTER LICENSE TYPE: USED CAR DEALER NEW LICENSE 2007 BUSINESS ADDRESS; .1811 FILLMORE BUSINESS PHONEz (7I6).891 - 02131 COUNCIL DISTRICT: MA FoLICE, ws RICT. . . APPLICANT NAME: .. BENNIE CAUDLI APPL. PHONE: . 0 - . APPLICATION NUMBER: 544025 REFERRAL DATE: 07/14/2406 .� REMARKS: C DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) .: APPROVED . DATE:: DISAPPROVED. DATE: t 65 <. r:, ryj REMARKS: C DISTRICT CAPTAIN: APPROVED DATE: DISAPPROVED DATE: * * * REASON FOR DISAPPROVAL MUST BE. STATED BELOW * ** REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND.- RETURN THIS REFERRAL TO THE OFFICE .OF LICENSES. THANK YOU. AppSltplipr CITY OF BUFFALO OFFICES OF LICENSES 313 CITY UALL BUFFALO, NEW YORK 14202 INSPECT .ION APPROVAL REQUEST AGENCY / DEPARTMENT: Fife Preventi ©n LICENSE TYPE: �� EXPIRATION YEAR:. REFERRAL DATE: Business Address: / 5 �7,-e (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) SEATING CAPACITY NO OF BEDS ROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: SQUARE FOOTAGE , r2 f—aa ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN- THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. inspappylrequestfurm _APpt,RV.DOC OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 85I -4078 LICENSE APPLICATION APPLICATION MUST BE COMPLETED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS 1] (Pt BA6S C MCKLiCffjM CAT6GmtY APMY94G 701 USED CAR DEALER S9COND*AND DEALER S CRAP PROCESSOR GARAGE SALE WHOLESALE JUNK _--PAWNBROKER FLEA MARKET (NO. OF VENDORS-) f DATE 7/ Ben's Tire Center Inc. {716) 841 -02 81 Be APPLICANT` NAME APPLICANT HOME PHONE 14214 APPLICANT ADDR85S 1811 N. Fillmore Avenue, Buffalo New Yor (ND., 8'I'R�ST7 ECtTYITOR'NE Q� Vit.(.AO� (STAM (Z0 CO- APPLICANT NAME CO- APPLICANT HOME PHONE M CO- APPLICANT ADDRESS j ELI Q � AGE} (siAxB) (ZV) Ben's Tire Center Inc. 8/12/1997 CORPORATION NAME ATI( INCORPORATED...._ - Ben's Tire Center Ittc. BUSINESS NAME 1811 N. Fillmore Avenue BUSINESS ADDRESS 716-891-0281 BUSINESS PHONE FAXN- STATE TAX ID NUMBER 12/3/3 yes DATE OF BIRTH 'LACE Of BIR H ARE YOU A U.S. CITIZEN HAVE YOU EVER BEEN CONVICTED OF A CRIME? n° IS, SO STATIC WHEN, WM W, NA'ii "OF OFFENSE AND DISP LIST PRINCIPAL OFFICERS OF CORPORATION (IF APPLICABLE) _ Bennie Caudle, 100 Ranch Trail.., Williamsville, NY 14221 '. (tFAt+'IIS) (ADF1AE55), [NA�tl6) �. (AIIAE53} (NAME) (AODRS5S) UtAlw) (AI1D7lS%) (NAME) (A pDRR58) (NAA�} (AUBYE53) (PAWNBROKER ONLY) GIVE SCHEDULE OF RATES PROPOSED TD BE CHARGED 5xthscribedpn4 sworn to before me this 11th -y of u y 2 0 06 Commission f Deeds in and for the City of Buffalo, New York WALTER FREEMAN � tu}iic. State of Now Y01% ied in Eft County waWlon EWj0S �. DETOS "' i NON REFUNDABLE APPLICATION FEE # (Rev -02) 000063 r i Certificate of Appointment 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 (his certification of appointment(s) or prornotion(s). I further certify that the person(s) named in Schedule "!1" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: August 28, 2006 in the Department of Economic Development, Permit & Inspection Services Division of Fuel Devices to the Position of Combustion Inspector Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, f=lat (Insert one) MAXIMUM jEnter Starting Salary) : Starting Salary of: $42,289 LAST JOB TITLE Sr Housing Proj Engineer NAME Mark D Blake LAST DEPARTMENT BMHA DATE 1212004 ADDRESS 158 Dundee Street LAST SALARY 37,536. CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -2791 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LA 4 DIG ITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 16550001 TITLE CODE NO 2940 BUDGET ACCT. OBJ, 411001 PROD, ID PERSONNEL REQ. NO 2006 -20 SALARY RANGE OF POSITION $35,378 - $ 42,289 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: hiree is in possession of a 1st Class Stationary Engineer's License issued by the City of Buffalo, therefore he must be hired at the maximum salary per Local 17 contract. NAME OF APPOINTING AUTHORITY: Richard Tope TITLE OF APPOINTING_ AUTHORITY: Commissioner DATE: A st 23 2005 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) zs FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE & URBAN AFFAIRS # I (Rev. 1/93) SINGLE PAGE COMMUNICATION TO TIIE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE,: August 31, 2006 FROM: DEPARTMENT: Administration and Finance 00 DIVISION: Parking Enforcement SUBJECT: 1_: Use of the Innovative " SEGWAY Human [: Transporter" by the City of Buffalo PRIOR COUNCIL REFERENCE: (IF ANY) [: Res #182 C.C.P. July 25, 2006 I:?x. Itern No. xxx C.C.P. xx /xx /xx TEXT: (TYPE SINGLE SPACE BELOW The Division of Parking Enforcement would be interested in 4 of these transporters but has Concerns regarding: Bad Weather use Storage Attachments I low to secure hand held ticket writer? Can they be driven on the sidewalk and /or street? Can the battery hold a charge for an 8 hour shift? The SEGWAY could save my department gas mileage by utilizing 4 units in warm. weather. REFEaaED TO THE COMMITT ON FINANCE. TYPE DEPARTMENT" HEAD NAME: Leonard G. Sciolino TYPE TITLE: Dirt/ or of Parking Enforcea ant SIGNATURE OF DEPARTMENT HEAD: 83 (Rev 1 -02) Certificate- intment [n comp[ianee with provisions of Section 24 -2 of file Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointrncnt(s) or promotion(s). I fiuther certify that the persons) 11aurul in Schedule "A" have been eenitied or approved by the limmin RcsourCeslCivil Service for the Appointment }affective: August 7, 2006 in the Department of Administration, Finance & Urban Affairs Division of Parking Enforcement to the Position of � Administrative Assistant Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Nan - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MAXIMUM jEnter Starting Salary) : Starting Salary of $38,584 LAST JOB TITLE Assistant Operations Supervisor NAME Geraldine M. Kaczmarz LAST DEPARTMENT Parking Enforcement DATE 8106 ADDRESS 47 Seward Street LAST SALARY $36,745 CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX - XX - 9542 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XX.X - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 11475001 TITLE CODE NO 1380 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2006 -10 SALARY RANGE OF POSITION $33,545 - $38,584 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Currently holds title of Asst. Operations Supervisor @ $36,745. Under local 650 contract she is to receive at least $250 above current salary. She is under the old 3 step schedule and would go to step 5 since step 3 is below her current salary. NAME OF APPOINTING AUTHORITY: Donna J. Estrich TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: SIGNATURE OF APPOINTING AUTHORITY: -U� ,✓� -} _ -- ORIGINAL + 3 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE t OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET Y #8- DEPARTMENT #9- DIVISION 910- EMPLOYEE 5 POSITION ALLOCATION MAINTENANCE FORM i i/ _Y Title Laborer II 000066 Department/Division Admin. & F & Stores Start Date July 24., 2006 Original PR No. 2005 -23 Title Code No. 9622 Salary Step 4426,32 � Budget Function No. 11781001 Reason for appointment (check one) ❑ Status Change ® Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) ❑ From Temporary to Provisional ❑ From Temporary to Permanent ❑ From Provisional to Permanent ❑ From Contingent Permanent to Permanent ® Other TVOe of Amwintment: ® Permanent ❑ Contingent Permanent ❑ Provisional ❑ Temporary ❑ Seasonal Comments Asper Cour Affairs Employee Information; Classification ❑ Exempt ❑ Competitive ® Non- Competitive ON CIVIL SERVICE. Name Carmine Marinaccio SS# x xx -xx -0 513 Address 279 Hastings �__ DOB City __ Buf State_ - N Zi Code 142 Send original copy signed by Dept. Head to Budget Send or e -nxail Civil Service a copy When approved copy is returned, semi a copy to Audit: along with file maintenance 1ornn, City Clerk and Budget Slgnatu o f AP oip rating t�.utl�ori -- - -- _ __ Date___ �___ - - -- - Date Si na ture of Director of ucl et Signature of Adi _ Dir ector of C ivil Servic Da te Send original copy signed by Dept. Head to Budget Send or e -nxail Civil Service a copy When approved copy is returned, semi a copy to Audit: along with file maintenance 1ornn, City Clerk and Budget l' 2( FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING #3 (Rev 1 - 02) Certificate of Appointment W In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(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 to the Position of July 31, 2006 Community Services Recreational Programming D� Director of Recreation Permanent, Provisional, Temporary, Seasonal (Insert one) EXEMpT: Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT kEnter Starting Salary) : Starting Salary of $60,443 LAST JOB TITLE Director Recreation NAME In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(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 to the Position of July 31, 2006 Community Services Recreational Programming D� Director of Recreation Permanent, Provisional, Temporary, Seasonal (Insert one) EXEMpT: Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT kEnter Starting Salary) : Starting Salary of $60,443 LAST JOB TITLE Director Recreation NAME Susan M. Gonzalez LAST DEPARTMENT Parks DATE 6130/04 ADDRESS 311 Lakefront Blvd LAST SALARY 60,443 CITY & ZIP Buffalo, 14202 LAST 4 DIGITS OF SSN. XXX - LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15515001 TITLE CODE NO 5750 BUDGET ACCT. OBJ. 41'1001 PROD. ID PERSONNEL REQ. NO 2006 -03 SALARY RANGE OF POSITION $60,443 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: /} SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES O: #5- COMPTROLLER #6- HUMAN SERVICES/ IVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10 EMPLOYEE =TSB _" - Tanya Perrin-Johnson Commissioner 27 FROM THE COMMISSIONER OF HUMAN RESOURCES CI'T'Y OF BUFFALO DEPARTMENT OF HUMAN RESOURCES 65 Niagara Square, Room 1.001 City Hall Buffalo, New York 14202 -3302 Byron W. Brown Mayor Leonard A. Matarese, IPM.A- CP,1CMA -CM Commissioner August 18, 2006 Gerald Chwalinski TO: City Clerk 1301 City Hall FROM: Olivia A. Licata Administrative Director Civil Service Administration (716) 851 -5448 Fax (716) 851 -5401 Compensation & Benefits Employee Relations (716) 851 -5904 Fax (716) 851 -4968 Personnel (716) 851 -4218 Fax (716) 851 -5401 RE: k' Amending the Text and Appendices of the Rules for the Classified Civil Service A public hearing will be held on September 20, 2006 at 10:00 a.m. in Room 1007 City Hall to amend the text and appendices of the Rules for the Classified Civil Service. Enclosed are the following documents pertaining to the hearing: • A list of the resolutions of the public hearing • The Text of the Unofficial 2006 revised rules • A copy of the public hearing notice appearing in the Buffalo News on August 15 -17, 2006. Although two (2) previous pubic hearings were held to amend the text and appendices, the previous Mayor did not sign the resolutions. Any objections, comments or other information pertaining to the Unofficial 2006 revised rules must be submitted. The revised text of the rules and amendments to the appendices will be submitted to the New York. State Civil Service Commission. G `i THE CITY OF BUFFAL0 IS AN EQUAL OPPORTUNITY EMPLOYER CITY OF BUFFALO DEPARTMENT OF HUMAN RESOURCES 65 Niagara Square, Room 1001 City Hall Buffalo, New York 14202 -3302 Byron W. Brown Mayor Leonard A. Matarese, IPMA -CP, ICMA -CM Commissioner August 11, 2006 Civil Service Administration (716) 851 -5408 Fax (716) 851 -5401 Compensation & Benefits Employee Relations (716) 851 -5904 Fax (716) 851 -4968 Personnel (716) 851 -4218 Fax (716) 851 -5401 PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of Buffalo, Commissioner of Hurnan Resources will hold a public hearing pursuant to Section 20 of the Civil Service Law for the purpose of amending the text and appendices of the Civil Service Rules for the Classified Service for the City of Buffalo. The public hearing will be on September 20, 2006 and will commence at 10:00 a.m. in the Department of Human Resources, Room 1007 City Hall. J) THE CITY OF BUFFALO IS AN EQUAL OPPORTUNITY EMPLOYER CITY OF BUFFALO DEPARTMENT OF HUMAN RESOURCES 65 Niagara Square, Room 1001 City Hall Buffalo, New York 14202 -3302 Bryon W. Brown Mayor Leonard A. Matarese Commissioner Compensation & Benefits Employee Relations (716) 851 -5904 • Fax (716) 851 -4968 Personnel (716) 851 -421.8 Fax (716) 851 -4968 Civil Service Administration (716) 851 -5408 * Fax (716) 851 -540I SCHEDULE OF PUBLIC HEARINGS September 20, 2006 starting at 10:00 A. M. Department of Administration. Finance and Urban Affairs Division. of Administration and Finance Director of Administration and Finance Division of Treasury and Collections 0 Director of Treasury and Collections Changing Department and Division name and Adding to Appendix A — Exempt Class Division. of Urban Affairs • Director of Urban Affairs Adding to Appendix A — Exempt Class And Deleting the following from Appendix A — Exempt Class Department of Administration and Finance_ Division of Collections Director of Collections Division of the Treasur Director of the Treasury r/ s■ r■ r/ r■ rrw/ r/■ rrrrr/ r■// rrrr/ rr■ rw/ rrrr///// w///// rrrrr// rrrw / / ■• /■r/r / ■r / ■rr /rr / / / ■ / / ■rr■ Department of Audit and Control Comptroller's Office 0 Special Assistant to the Comptroller Adding to Appendix A — Exempt Class THE CITY OF' B UFFALO IS AN EQUAL OPPORTUNITY EMPLOYER CITY OF BUFFALO DEPARTMENT OF HUMAN RESOURCES 65 Niagara Square, Room 1001 City Hall Buffalo, New York 14202 -3302 Bryon W. Brown Mayor Leonard A. Matarese Commissioner -2- Compensation & Benefits Employee Relations (716) 851 -5904 * Fax (716) 851 -4968 Personnel (716) 851 -4218 Fax (716) 851 -4968 Civil Service Administration (716) 851 -5408 * Fax (716) 851 -5401 Commission on Citizens Ri hts and Communit Relations • Executive Director, Commission on Citizens Rights and Community Relations • Secretary to the Commission on Citizens Rights and Community Relations Adding to Appendix A — Exempt Class w waw# iiriwriirrwirara• rraariw## iarwiiriiwl wrawa■ rraiiiwrwwaarrwraww l ir■liir! # #iriiiiiirarirrw Department of Community Services General Office • Secretary to the Commissioner of Community Services Adding to Appendix A -- Exempt Class Division of Recreation • Director of Recreation Adding to Appendix A — Exempt Class (Reinstating the Division and Director from Dept. of Parks) ■■■ rw #r ■ #rariwririww! #■iiaaiiwiw! #1 Earl■ rrrwiw!l riirr■ rwawrrwl aaarr #liiririwww! #aaiiar#arw■ Department of Economic Development and Permit and Ins ection Services • Special Assistant to the Commissioner of Economic Development and Permit and Inspection Services • Sr. Special Assistant to the Commissioner of Economic Development & Permit and Inspection Services (2) Adding to Appendix A — Exempt Class THE CITY OF BUFFALO IS AN EQUAL OPPOR TUNITY EMPLO YER CITY OF BUFFALO DEPARTMENT OF HUMAN RESOURCES 65 Niagara Square, Room 1001 City Hall Buffalo, New York 14202 -3302 Bryon W. Brown Mayor Leonard A. Matarese Commissioner ..3_ Compensation & Benefits Employee Relations (716) 851 -5904 • Fax (716) 851 -4968 Personnel (716) 851 -4218 Fax (716) 851 -4968 Civil Service Administration (716) 851 -5408 • Fax (716) 851 -5401 Department of Economic Development and Permit and Inspection Services continued: Appealing: • Director, Mayor's Task Force on Housing • Disapproved November 14, 2005 for Non Competitive Class (Confidential/Policy Influencing) ■ arrrrrrrrrrrrrrrrrwrrrrrwrr�rrrrwrrrrrrrarrrrrrwrrrrwrrrrrrrrarrrrrrrwrrrrrrrrrrrrrrrrrrrarrr■ Board of Education • Executive Director of Human Resources Adding to Appendix A -- Exempt Class Deleting Associate Superintendent of Personnel from Appendix B Non Competitive Class (Confidential /Policy Influencing) • Chief Financial Officer Adding to Appendix A — Exempt Class • Chief Operations Officer Adding to Appendix B Non Competitive Class (Confidential/Policy Influencing) ■■ r r r r i r■ r r r r r r r r r r r r r r r r r i� s r r r r r r N r r r A r r 1N r r r r r r r r r r r r r R r r r r r r r r r r r r r r r r■ a■ r r! R■ r r r r r r r! r r■ Executive Department Mayor's Office • Deputy Mayor (2) (from 1 to 2) • Special Assistant to the Deputy Mayor Adding to Appendix A Exempt Class THE CITY OF R UFFALO IS AN EQUAL OPPORTUNITY EMPLOYER CITY OF BUFFALO DEPARTMENT OF HUMAN RESOURCES 65 Niagara Square, Room 1001 City Hall Buffalo, New York 14202 -3302 Bryon W. Brown Mayor Leonard A. Matarese Commissioner In Executive Department continued: Division of Communications and Inter overnlnental Relations * Director of Communications and Intergovernmental Relations Adding to Appendix A — Exempt Class Division of Citizens Services Director of Support Services Compensation & Benefits Employee Relations (716) 851 -5904 * Fax (716) 851 -4968 Personnel (716) 851 -4218 Fax (716) 851 -4968 Civil Service Administration (716) 851 -5408 * Fax (716) 851 -5401 Adding to Appendix B -- Non Competitive Class (Budget Transfer from DPW/Division of Buildings) Department of Fire Homeland Security Coordinator a Emergency Medical Services Coordinator Adding to Appendix B Non Competitive Class (Confidential/Policy Influencing) Deleting Disaster Coordinator from Appendix B Executive Department, Division of Citizens Services Buffalo Municipal Housin__g Authority_ * Assistant Executive Director II Adding to Appendix A — Exempt Class THE CITY OF BUFFALO IS AN EQUAL OPPORTUNITY EMPLOYER CITY OF BUFFALO DEPARTMENT OF HUMAN RESOURCES 65 Niagara Square, Room 1401 City Hall Buffalo, New York 14202 -3302 Bryon W. Brown Mayor Leonard A. Matarese Commissioner -5- Department of Human Resources • Special Assistant to the Commissioner of Human Resources Adding to Appendix A — Exempt Class Compensation & Benefits Employee Relations (716) 851 -5904 + Fax (716) 851 -4968 Personnel (716) 851 -4218 Fax (716) 851 -4968 Civil Service Administration (716) 851 -5408 + Fax (716) 851 -54 01 Department of Law * Special Assistant to the Corporation Counsel Adding to Appendix A Exempt Class Division of Administrative Adjudication 0 Director of Administrative Adjudication Administrative Law Judges Adding to Appendix B Non Competitive Class (Confidential/Policy Influencing) Deleting this division from Appendix B Department of Administration and Finance ■ �rre��ar��r����Ea4wsw����s�sa�rw��r���rsrrrr�rrri�����sa�ras���a���aa��s�a���a������r�Nrrrr�• Buffalo Sewer Authority • Intergovernmental Coordinator Adding to Appendix A Exempt Class THE CITY OF RUFFAL0 IS AN EQUAL OPPORTUNITY EMPLOYER CITY OF BUFFALO DEPARTMENT OF HUMAN RESOURCES 65 Niagara Square, Room 1001 City Hall Buffalo, New York 14202 -3302 Bryon W. Brown Mayor Leonard A. 141 atarese Commissioner -6- Department of Police • Chiefs (7) Compensation & Benefits Employee Relations (716) 851 -5904 + Fax (716) 851 -4968 Personnel (716) 851 -4218 Fax (716) 851 -4968 Civil Service Administration (716) 851 -5408 * Fax (716) 851 -5401 Adding (4) additional positions (from 3 to 7) to Appendix B Non Competitive Class (Confidential /Policy Influencing) NOTE: This resolution was withdrawn on May 6, 2005 for further study and review. Department of Public Works, Parks and Streets Division of Streets Director of Street Cleaning and Snow Removal Director of Street Sanitation Adding to Appendix A — Exempt Class Division of Buildings Director of Support Services Deleting from Appendix B Non Competitive Class (Budget transfer to Executive Department, Division of Citizens Services ■ rwrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrwrrr* arrrrrrrrrrsrrtarrrrrwr #rr�rrrrrrrrrrrrrrrrrrwr�rar THE CITY OF BUFFALO IS ANEQUAL OPPORTUNITY EMPLOYER CITY OF BUFFALO DEPARTMENT OF HUMAN RESOURCES 65 Niagara Square, Room 1001 City Hall Buffalo, New York 14202 -3302 Bryon W. Brown Mayor Leonard A. Matarese Commissioner -7- Compensation & Benefits Employee Relations (716) 851 -5904 • Fax (716) 851 -4968 Personnel (716) 851 -4218 Fax (716) 851 -4968 Civil Service Administration (716) 851 -5408 * Fax (716) 851 -5401 Appendix C Unclassified Service • Commissioner of Administration, Finance and Urban Affairs • Commissioner of Community Services and Recreational Programming • Commissioner of Management Information Systems • Commissioner of Economic Development and Permit and Inspection Services • Legislative Aides to Council Members (6) --- adding an additional position from 5 to 6 • Senior Legislative Assistant IV to Council Member • Assistant Legislative Aides (6) — adding an additional position from 5 to 6 • District Council Members Adding to Appendix C Unclassified Service Deleting from Appendix C • Commissioner of Administration and Finance • Commissioner of Community Services • Commissioner of Management and Information Systems • Commissioner of Permits and Inspection Services Rules for Classified Civil Service of the Cft of Buffalo Revisions to the Text of the Rules - Rules I to 29 (Note: Separate resolutions will be presented for the following rules per request from NYS Department of Civil Service: Rule 16 - Probation Rule 23 - Reinstatement Rule 24 - Layoff of Competitive Class Employees Text of the remaining rules will be on one resolution Sch.Pub.Hrg 8/14/2006 THE CITY OF BUFFALO IS AN EQUAL OPPORTUNITY EMPLOYER WWI Unless otherwise expressly stated or unless the context or subject matter requires a different meaning, the terms mentioned, whenever used in these rules, shall be construed as follows: A. CON NISSLONER. ®F HUMAN RESOURCES means the personnel officer for the City of Buffalo. B. APP I) N'lt`> NG AUTHORM means the person, body or authority authorized to male appointments within a department, authority or school district. C. 0'111 D ISI[ON means each county, town, city, village, school district, community college, public authority, or special district. D. For the purpose of these Rules, CITY SERVICE includes: 1. All offices and positions in the civil service of the city. 2. All offices and positions in the civil service of the Board of Education, the Buffalo Municipal Housing Authority, and the Buffalo Sewer Authority and any tither department, board or agency, the incumbents of which are employed in compliance with New York State Law and Mules of the Classified Civil Service of the City of Buffalo. E. CQMPENSAMON shall be construed as the salary of the position or its equivalent when stated by the hour, day, week, month or year. F. ELIGIBLE LIST means an official record Dept in the Department of Human Resource's office as a public record which contains the names of those persons who have successfully completed examination, listed and ranked in order of their final ratings from the highest to the lowest rank. G. EMPLOYEE means the incumbent of a position appointed to the position in accordance with these rules and Civil Service Law. H. aLRISDICTLONAL CLASSIELCATION means the assignment of positions in the classified service to the competitive, non - competitive, exempt or labor classes. L PART-TIME EMPLOYMENT means any employment or a combination of one or more employment in a civil division in which an individual works less than fifty percent (50 1 /o) of the time prescribed as a normal work week by the appropriate governing body or other appropriate authority of the civil division or wherein the employee earns not more than half UNOFFICIAL RULE 2006 (1/2) of the rate assigned to the position if the position has been allocated to a graded salary schedule. J. POSMON means an aggregation of duties to be per°ormd and responsibilities to be exercised by one person. L. TRANSFER means the change, without further examination, of a permanent employee from a position under the jurisdiction of one appointing authority to the same or comparable position under the jurisdiction of another appointing authority. Cross Reference: LEONARD A. MATARESE Commissioner of Human Resources City of Buffalo, Now York Approved Date. Adopted/Effective Date: Revocation: For the purpose of these rules, the Commissioner of Human Resources, is the personnel officer- and shall have the powers and duties of a municipal civil service commission. The term of office of the Commissioner of Human Resources shall be six years as fixed by civil service law. Cross Reference: Section 15 Civil Service Law LEONARD b MATARESE City of Buffalo, Now ti Approved Date: Adopted /Effective Date: Revocation: UNOFFICIAL RULE 2006 The UNCLASSIFIED SERVICE shall comprise of the following: 1. All elective offices 2. The head or heads of any department in the city service who are vested with authority, direction and control over a department, and who have the power and authority to appoint and remove officers and employees therein. All persons employed by any title whatsoever as members of the teaching and supervisory staff of the Board of Education, as certified to the State Commission by the Commissioner of Education. The Commissioner of Education shall prescribe qualifications for appointment to all classes of positions so certified by him/her, and shall establish specifications setting forth the qualifications for and the nature and scope of the duties and responsibilities of such positions. 4. All persons other than persons covered under the above paragraph whose principal function are teaching or the supervision of teaching in a public school. 5. All officers and employees of the Common Council whose principal functions and duties are directly related to the performance of the legislative functions of such body. 6. All members of boards, commissions and authorities created by law. Positions approved by the I,S Civil Service Commission for placement in the Unclassified Service shall be listed in Appendix C of these rules and made a part thereof Cross Reference: Section 35 - Civil Service Law LEONARD A MATARESE !m City of Buffalo, s; Approved Date: AdoptedfE ective Date. UNOFFICIAL RULE 2006 The CLASSIFIED SERVICE comprises of all offices and positions not included in the unclassified service. The offices and positions in the classified service are arranged in three jurisdictional classifications designated as follows: I . Exempt Mass (See Rule 5) 2. Competitive Class (See Rule 6) 3. Non- Competitive Class (See Rule 22) Cross Reference. Section 40 Civil Service Lew ,; ;U-1 w -, . A LEONARD A. Commissioner of Human Resources City of Buffalo, New York Approved Date: Adopted/Effective Date: Revocation Date: A. The EXEMPT CLASS shall include the following: 1. The deputies of principal executive officers, authorized bylaw to act generally for and in place of their principals 2. One secretary of each municipal beard or commission authorized by law to appoint a secretary. 3. All other subordinate offices or positions for the filling of which competitive or non- competitive examination may be found to be not practicable. Not more than one appointment shall be made to or under the title of any office or position in the exempt class, unless a different number is specifically prescribed herein in the rules. R. No ntlice or position shall he deemed to be in the exempt class unless it is specifically named in such class in these rules. When a vacancy occurs in a position in the exempt class, the Commissioner issioner of ffuman Resources having jurisdiction shall study and evaluate such position a nd within four m€anffis after the Vacancy shall deterfniue whether such position is prGpe.rly classified in the exempt class. Pending such determination, said Position shall Pot be filled, except € n a€ temporary basis. Positions approved by the NYS Civil Service Commission for placement in the Exempt Class shall be listed in Appendix A of these rules and made a part hereof. Cross - reference: Section 41 - Civil Service Law APPROVED: LEONARD A. MT.EE Commissioner of Human Resource City of Buffalo, New York Approved Date daptediff ctiv Date: Revocation Date: Ul k'OFFI IAL RULE 2006 The C MPE'I'ITIVE CLASS shall include all positions for which it is practicable to determine the merit and fitness of applicants by competitive examination, and shall include all positions now existing, or hereafter created, of whatever functions, designations, or compensation, in each and every branch of the classified service, except such positions as are in the Exempt Class or Non - Competitive Class. Cross - reference: Section 44 - Civil Service Law LEONARD A. MATARESE l Y - iR Buffalo, City of E Approved Date: CLASS means one Or mare positions sufficiently similar with respect to duties and responsibilities to be designated by a single descriptive title and treated as a unit for the purpose of recruiting, examinations, establishing salary ranges and administering other personnel functions. ?. CLASS TIT means the designation 6 en Under these rkdes to a class and to each position allocated to such class. 3. CT ASS SPECIFICATION means a formal written statement of the class which defines the general character and scrape of the duties and responsibilities of positions in the class, lists typical work k aactivities, enumerates the knowledge, skills, abilities and personal characteristics required for successful fell perf€ rmanee of the work, staates required aiinimum qualifications and indicates an special re uiremeaat of the class. 4. t;LASS 1 TCAT ON OR .ALLOCATION means the assignment of a position to an appr€a- pria�te claass as determined ley the dutics� a cspoaasihilities aan miaaimaan� qualification requir ements € f the position. ECLASSIFICATTON means the reallocation of a position from one class to another because of a permaucaat and material change of the daties of that position. B. _Duties and Resnonsi ilities for Position Classification The Commissioner of Tu aan R esources sh €all have the power and €°espousi5ility for the following: I. ciaassify and reclassify all positions in the Classified Set-vice under hisdher jurisdiction. 2, Prepaare a €aid maintain ,doh classification specifications for positi in the classified service and establish appropri 'qtc minimaam € uadificaations for each position in the Competitive Class and Non-Competitive Maass, 3. Investigate adD matters aafi'ecting the, classificatiGn and reclaassMcatl€ R of all positi ons and f €'om time to time review the € udcs resp€ansibilities and qu al iwaation €-equh- ements of all positions under its, I urisdiction and to make revisions in the 0assifictatio of p€asiti€ans. UNOFFICIAL RULE 2006 A. For the purpose of this rule, the follow DEFfl'ITTION shall apply: C. Classification of Vacant Positions When a classified position has been or is about to became vacant, the appointing authority shall submit to the Commissioner of Human Resources, a detailed description of the duties and responsibilities of the position to be filled. After a review of the position description, the Commissioner of Human Resources shall determine if the position is in the appropriate cuss and if not, shall reehassify to a new class and prepare a specifications for such position. D . Claassificatiosn of New Positi€rns When a new positions is being created, the appointing aautharity shall suhanit, to the Commissioner of Humans Resources, a detailed description of the duties and responsibilities including a statement of suggested minimum €lnadilicati€:ns for the positions. After a review of the position description, the Coma missi€aner of Human Resources shall classify the position to an appropriate class, or if no class exists, shall create a new class and prepare a specification For such new class. E. Reclassification of Positions 1. The Commissioner of Human Resources may, upo his/her own initiative, review the € uties and responsibilities and quaNfications requirements of any position under his/her jurisdiction. Appointing authorities and employees in positions under review shall submit a detailed description of the duties and responsibilities and provide such other information as determined necessary by the Commissioner of Human Resources. after a review € f the detailed description of the € uties and responsibilities, tine Commissioner of Human Resources shall classify the position to 'In appropriate class or if no appropriate elaass exists, shall create as new class and Prepare specification for such position. I NVhenever a pern kanent and material change is made in the € uties and responsibilities of any position, the aappoiuting inthorkly shall submit a detailed description of the duties nad responsihiNties of the position to the Commissioner of H uman R esources. Ai"ter a review of the detailed description of the duties, a €nd responsibilities, the Commiissioner of F-Tassnaans Resources shall classify the Position to An appropriate c lass, or if no Class small create H new class and prepare Qa specifications Fos° ranch position. . A ny employee in the cla�ssified service nla�y Tuake aF reoprest t the corvingi�;siouer € f flcas Resources for as p€asiti€an reciassificati€ass. Such application shall include sa UNOFFICIAL RULE 2046 detailed description of the duties and responsibilities of the position. After a review of the duties and responsibilities of the position, the Commissioner of Human Resources shall classify the position to an appropriate class, or if no appropriate class exists, either determine that the position remains as written or shall create a new class and prepare a specification for such position. F. Notice and Anneal Any appointing authority may make application for the classification and reclassification of any . position in his /her department, or any employee in the classified service may apply for a reclassification of his/her position. Such application must set forth reasons in support of the requested reclassification, and must show changes in the duties and responsibilities of the position since the last determination with respect to its classification. The Commissioner of Human Resources shall give reasonable notice of any proposal of application for a change in classification to the appointing authority and to the employee or employees affected. Any person desiring to submit facts orally or in writing in connection with the reclassification of any position shall be afforded reasonable opportunity to do so. The Commissioner of Human Resources shall then determine the proper classification of the position_ No employee, either by classification or reclassification, change of title or otherwise, shall be promoted, demoted, transferred, suspended or reinstated except in accordance with the provisions of the Civil Service Law and these rules. Cross Reference: Section 22 - Civil Service Low LEONARD A. MATARESE Approved Date. Adopted /Effective Date: Revocation Date: UNOFFICIAL RULE 2006 A. �" Alfetioars Applications of candi dates for an open competitive or promotional examination(s) or to be appointed or pr omGted to positions in the classified service must be addressed to the Commissioner of H uman R esources and shall be. made on a prescribed form. In connection with such application, the Commissioner issioner of Ruman Resources shall require background information, including but not limited to education, experience and qualifications. Applications shall be subscribed by the applicant and shall contain a Af it ratioa by hirn/lrer that the stater eats therein are true under the penalties of peijury. The Commissioner of Iffuman Resou shalt notify each applicant andf the appointing authority of the disposition of said application. Applications ns will remain € n rile in the Department of flunian Resour and will not be returned to the applicant. B. Determining 21m.Fifi€ atioils 1. The Commissioner of Uuman Resources may determine what training or experience constitutes the equivalent of formal education, and may prescribe for any position, qualifications, which in his/her judgment are demanded by the nature of the work to be performed. The burden of meeting the ininimum qualifications rests with the applicant. For the PU rpase of eetiarg the tr,,ining and experience re€ wire eats of any open competitive ex:arnination, no credit shill be given for Pay work experience which has been gained or acquired in violation of the provisions of the Civil Service Law or in positions for which Payroll certification has not been granted or has been withheld or which experience is deemed to have been gained thr ougb out- f- tide work. C. Disgualification of Al2Llication(s) Any applicant who reffises to participate ill or• to perry - lit the Commissioner issioner of Human Resources to investigate inatters necessary for the Verification of such applicants qualificatiom; or who otherwise hampers, impedes or fails to coape€ in such investigation, shall he dis ualifled For appointment or examination or after examiflation for certification and 4.1ppo ent. D, ; >tiNna of RF.3 ication s) for Examination(s) The Corry issioner of n ary Resources shall require applicants to r " applications for examinations during the prescribed time as stated on the cxan-,ina.tion alnnarIrrcernent. Applicants must meet the provisions as stated in this rule. UNOFFICIAL RULE 2006 E. Notice of Admission to Examination(s) Approved applicants for competitive examination(s) shad be maff d an admission notice Cat icast five (5) days before the examination(s), by mail to the address stated on the a pikation(s)e F. Release €rf pplicatio Information with Restrictions candidate's application for examination may be exhibited, upon request, to the appointing authority to whom his /tier name is certified, or to his/her representative, provided, however, that information therein relating to the candidate's national origin or indicating whether his /her citizenship is by birth or naturalization shall not be divulged. Before a candidate's application for examination is exhibited to the appointing authority or an authorized representative, all references therein to the candidate's national origin oi to the basis of his/her citizenship shall be concealed. Candidates should be notified that their application may be reviewed by the appointing authority upon certification ofnanles to a department. Cross reference: Section 50 - Civil Service Law Section 61 - Civil Service. Lary APPROVE : Commissioner of Human Rescue c s Cite of Buffalo, Klew York Approved Date. Adopted/Effective Date: Revocation Date. UNOFFICIAL RULE 20#6 An examination is. defined as either a written test, oral test, performance test, multiple part test or any other format that is use€1 to evaluate applicants. The merit and fitness of applicants for positions, which are classified in the competitive class, shall be ascertained by such examinations as may be prescribed by the Commissioner of Human Resources. Ike /she may establish an eligible list on the basis of ratings received by the candidates in the competitive portions of the examination and thereafter conduct medical, physical abilities and other appropriate non - competitive qualifying tests from time to time as the need for certification from the eligible list may reclrrired. A. Announcements for � crrr�t�etitive ��a�tinatioars The ConrntissiGner of H uman Reso urces shall issue art a nnounceinerrt for catch competitive examination, setting rot the minimum qualifications required, salary or compeasaati€ n for the positicsn, subject(s) of examinations, the relative weights assigned thereto, t.iae scale of points ror• cr°eclita ale seniority as may be decrued accessary and for performance ratings, provided, however, after such announcement is made, the written examination may be sub - divided into subjects or parts and minimum standards may be fixed for one or more of such sub - divisions in order that the candidates may be considered further for eligibility. Notice of such arrangements shall be given in the instructions on the examination papers of the written tests. The Commissioner of Human Resources shall advertise such examination in a manner as the nature of the examination may require. 2. At least t« enty (20) clays public notice of an opera, compethive examination shall be given by publication thereof as the Commissioner ner• of Her €Warn Resources may designate. 3. At least t.weaty (20) days pubfic notice (if as pr•oa lotionA exam inattion shall be given by Publication thereoras tine Commissioner of Human Resources €nary designate. , Examinations Pr-e ar ed and Rated bV or• €rrr behalf of the commissioner of Human peso €rr ces Examinations prepared and rated by or on behalf of the Commissionea• of IFT. Ur ian R esources are governed b the following: 1. The Commissioner of Human Resource-, shall_ adopt a system to conceal the identity of the candidates' paper in an examination, whether « ritten, oral or performance or a combination of tests comprising an exammation, until such examination has been rated. UNOFFICIAL RULE 2006 3. Applic.ati€ ns and/or exa m ination recards aid papers of erg ndidates shall be preserved, but in € o event may records be. destroyed except in accordar eee with policies of the N'S Commissioner of Education. 4. The Commissioner of Human Resources may farther direct oral examinations or practical tests of fit ess for any particular position requiring scientific, Prof'essi €anal or technical knowledge or manual shill. F -very offort shaall he Enade to ensure that a recording device records all of the questions and aaswers he made a part of the oral records and preserved in accordance with State Law. C. Scoring of Examina The marking of each competitors examination shall be reported on a scale of 1.00 which represents the maximum score, or best performance possible and where the score of 70 shall represent the performance meeting the rninirnunn needs of the position and where the score of 60- shell represent tiny scc,re belc,`v 60. The`€€nmissio��e of f��an R esources retry, after the announcement of an examination is made, subdivide the written examination into subjects or parts and minimum standards maybe fixed for one or more of such subdivisions in order that candidates be considered further for eligibility. Notice of such arrangements shall be given in the instructions of the written test. 2. In examinations or tests in which, considering the needs of the service or the difficulty of the examination or test or other substantial factors, a sufficient number of candidates of suffici.ont quality achieve raw scores or weighted or corrected raw scores, as defined under this section, or soine connbination of such scores equivalent to 70/0 or higher of the rnaxinium possible scare, final scores shall be determined frorn raw scores or weighted or corrected raw scores or some combination of such scores, on a percent basis or by an arithmetic adjustment or series of arithmetic adjustments or by a. statistical adjustment, as defined under this section., or by any combination of such adjustments such that the frml score at or about 70 will approximate percent scores; provided that no candidate is failed who would pass under percent scoring, that the relative order of scores is maintained and that the scoring adjustment used is approved, 3. In examinations or tests in AAlch, considering the needs of the service or the difficulty of the examination or test or other substantial f<{ctors, an insrtf icient ncrrriber of candidates achieve raw scores or weighted or corrected ratio scores, as defined under this section, or some com.birna.t.ion of such scores equivalent to 70% or huller of the maxirnunn possible, UNOFFICIAL RULE 2006 2. Dating keys shall be prepared for each examination held_ Such keys shall be a permanent part of the record of each examination.. UNOFFICIAL RULE 2006 score, final scares may be determined from raw scores or weighted or corrected raw scores or some combination of such scores by an arithmetic adjustment or a series of arithmetic adjustments or by a statistical adjustment, as defined under this section, or by any combination of such adjustments such that more candidates are passed than would pass if final scores at or about 70 approximated percent scores; provided that the relative order of scores is maintained, that the necessary quality of eligibles is not jeopardized. D. Raw Score A raw scare is defined as the number of questions answered correctly in a short answer written test or an examiner's ratings in an oral or perforn�.a.nce examination or other multiple part examin or the number of credit points earned or assigned in. any other bind of test, or some combination of the foregoing: 1. Part Raw Score: A part raw score is the raw score from a part of a. test or the raw score from a. test that is p art of an examination. 2, Corrected Raw Score. A corrected raw score is a score that has been derived fr0171 a raw scare from a short answer written test by one of the following methods: a) deductions for wrong answers, as distinguished from omissions, may be made from raw scores b) additions for omissions may be made to raw scores These methods may also be applied to Dart --raw scores, the results of which would then be combined with raw scores or weighted or conrected raw scores from the other parts of the test or other tests in the examination. 3. Weighted Raw Segura A weighted raw score is a score that has been derived from a raw score by assigning a weight other than one to one or more of the part raw scores that contribute to the raw score. E. Arithmetic Ad ju ants An arithmetic adjustment is the adding to or subtracting from raw scores or weighted or corrected rem scores or some combination thereof or sonne fraction or multiple of such scores a uniform whole number or fraction or combination thereof h series of arithmetic adjustnie-nts consists of the division of the distribution of raw scores or weighted or corrected raw scores or sonic combination of such scares into two or more mutually exclusive ranges of scores and applying a separate arithmetic adjustment as defined above in cacti range. F. Stgtistical Adjustment A statistical adjustment is the assignment of final scores according to a predetermined form based on a statistical division of the,distribut.ion of raw scores or weighted or COITeCted raw scores or solve combination of such scores. G. T dewitv of and atefsl An officer or employee to whom the identity and rating of one or More candidates in an examination is known shall be disqualified from recommending or approving the use of any scoring adjustment. in such examination.. In the event that the identity and r ating of one or more candidates in. an examination is known to an officer or employee whose duties and functions would otheiivise involve the recommendation or approval of the use of a scoring adjustment in such examination, the duties and functions of such officer or employee with respect to the recommendations or approval of a scoring adjustment in such examination shall be assigned to another appropriate officer or employee who is not disqualified under the provisions of this section. 1. Notification of Scoring °�iw t e t Where one of the above methods of scoring is used, the nature of the scoring adjustment shall be made known upon request to any candidate who inspects his /her examination paper or questions his /her rating. f. Notification of Examination Results Every candidate in an examination shall be notified in writing of his/her final rating and, if successful, of his /her relative position on the eligible list and other pertinent information as a result of the examination. J. Nfedical E.xami€rati€ a After receiving an offer of employment, applicants may be required to pass a medical examination(s) and must be certified as qualified to perform the essential functions of the position for which he /she is to be employed. K Examin�ztia hs Generally The CGmirhissioner ofHiurna r Resources may at any time during the life of eligible list, resulting from an examination, correct any clerical or computational errors In the ratings of UNOFFICIAL RULE 2006 L. Judgment Commissioner of Unman Resources The Commissioner ner of I'lumin Resources shall have the power, whenever in his /her judgment the interests of the public service require: 1. To order a re-examination cif applicants for any position prior to the adoption of an eligible list ?. To correct any error and amend or revoke any eligible list or ether paper or records, when it appears that an error has been made or an injustice has been done q. 7o strife from an eligible list the name of and person s} ��l�o is unable to accept an appointment to the public service 4. To permit a re in a qualifying performance test when a candidate, after the adoption of the eligible list, fails initially to qualify in a qualifying performance test such candidate inaybe retested upon exhaustion of the eligible list of all eligibles who initially qualified in the performance test and providing the list is still in existence The reasons for every such action as specified above shall be recorded and the Commissioner of Human "resources shall direct that notice of such action be given. by mail or as he/she may otherwise direct to all persons -�\ -hose standing upon. such list may be unfavorably affected thereby. ME E XIMinations re�)aavcd and Rated by NYS DecLiartment of Civil Sei °vice Examinations pa -ed and rated by NYS Department € f Ovil Sevvice arre governed fly provMons €af Section 23 -2 of Civil Set-vice Law. The rating of exam inatimm, review of C.x"' ;Mi action papers by candidatses and the ding of appeals shall be - Overpicd- by the rules and regulaatious of the State CiA Sea-vice Commission and Depaa The State Commission n shall €� sole nrid ex.chv;ive. authority to c�arrect any errors in rating upon cappeal ar of hel A'is . UNOFFICIAL R ULE 2006 candidates who compete in the examination. Any changes in an eligible list pursuant to this rule shall not affect the status of any person previously appointed from such eligible list. Na F xamination Security In order to prevent the unauthorized publication and dissemination of examination material, the following acts are prohibited except as authorized by the Commissioner of Human Resources: No person shall copy, record or transcribe any examination question or answer, or remove from the examination room or possess outside the examination room, any test question booklet, answer sheet, scrap papers, notes or any other papers or materials relating to such examination. 2. A candidate in an examination shall not at any time communicate with an examiner or proctor concerning the conduct or content of such examination, and shall not directly or indirectly communicate to any other person information concerning the content of such examination until completion of the testing of ail candidates. 3. No exaniiner or proctor or other person charged with the supervision of a candidate or group of candidates during an examination shall have the a€zthority to waive the provisions of this subsection. 4. A person who is found by the Conu issioner of Human Resources to have violated the provisions of this subsection or any similar provision of the rule of any other civil service jurisdiction v, the Mate of New York shall be disqualified from appointment to the position for which the examination is being held and may be disqualified from being a candidate for any civil service examination for a period of five (5) years. Cross Deference: Section 23 - Civil Service Law APPROVED: LEOM RD A. MATARESE Commissioner of Human FReso rces City of Buffalo, Hew Vork Approved Date: AdoptedlEffectiv Date: Re-vocation Date: UNOFFICIAL RULE 2006 A. Definition of Residence Residency shall mean a person's domicile, where the individual has a fixed and permanent intention to live, the place where the individual and/or family of any person permanently resides. B. Residenev Reauirements 1. All new employees and appointed officials of the City of Buffalo, Buffalo Municipal Housing Authority and Board of Education, except those expressly exempted under New York Mate Law, shall be residents of the City on the date of his/her application for examination and at the time of appointment or hire. 2. All new employees and appointed officials of the Buffalo Sewer .Authority must reside in the territorial jurisdiction serviced by the Buffalo Sewer Authority on the date of his/her application for examination and at the time of appointment or hire. 3. All employees and appointed officials must maintain City of Buffalo residency diming employment, except those expressly exempted under New York State Law, employees of the Board of Education and where applicable Buffalo Municipal Housing Authority and other specified employees as stated elsewhere. 4. All employees who are eligible to be promoted, must be a legal resident of the City of Buffalo, except those expressly exempted under New York State Public Officers Law, employees of the Board of Education, Buffalo Seger Authority and where applicable, Buffalo Municipal Housing Authority. 5. In the absence of clear and convincing evidence to the contrary, an applicant small be deemed a non-resident if he/she is not able to show ninety ( days of continuous and uninterrupted residence within the corporate limits of the City of Buffalo immediately preceding the date of his/her application for examinations as well as for appointment. 6. Each appointing authority is responsible for verifying compliance with the residency requirement for their employees and appointed ofracials UNOFFICIAL RULE 2006 C. Waiver of Residence The Commissioner of Human Resources may, at any time, waive the residency requirement when satisfactory evidence is submitted, which indicates that the number of resident applicants For a particular position is inadequate for purposes of meaningful examination, competition and /or selection or upon a finding that the best interests of the City will be served by such a waiver. No such waiver shall be granted for more than six months or unless the situation deems an extension. D. InvotigLk ion 1. If the appointing authority or department head believes there is a reason to suspect that an applicant or employee does not reside in the City of Buffalo, the Commissioner of Raman Resources has the responsibility to investigate such case(s). 2. In the event the Commissioner of Human Resources determines that an individual is not a resident, he /she shall be provided with a written statement of the reasons and shall be afforded an opportunity to submit evidence or facts in opposition to such determination. An employee, who fails to comply with the provisions of this rule, shall forfeit his/her employment and shall be terminated. 3. The Commissioner of Human Resources shall have jurisdiction for the enforcement of this rule. LEONARD A. MATARESE Commissioner of Human Resources City of Buffalo, Now York Revocation UNOFFICIAL DUCE 2006 DEPARTMENT OF HUMAN RESOURCE DIVISION OF CIVIL SERVICE RULES R CL RULE I I DISQUALIFICATION OF APPLICANTS FOR APPOINTMEN TOE 1 ®f � EXAMINATION UNOFFICIAL RULE" 2006 A. 1Dis calif Lion ��° A licants or Eligibles The Commissioner of Human Resources may refuse to examine applicants for appointment or after examination to certify an eligible for the following reasons: 1. Who is found to lack any of the established requirements for admission to the examination or for appointment to the position for which he/she applies; or 2. Who is found to have a disability which Fenders him/her unfit to perform in a reasonable manner the duties of the position in which he /she seep employment, Or which may reasonably be expected to render him/her unfit to continue to perform in a reasonable manner the duties of such POsiti0u9 or 3. Who has been guilty of a crime; or 4. Who has been dismissed from public service for incompetency or misconduct; or 5. Who has intentionally made a false statement of any material fact in his /her application; or f. Who has practiced, committed or attempted to practice any deception or fraud in his /her application, examination or in securing eligibility for appointment; or 7. Who has been dismissed from private employment because of habitually poor performance; B. Disres ect ®I haw traffic A record of disrespect for the requirements sfot aff�c offenses, may be grounds including fordisqualification offenses, or disregard of sum mons for examination or, after examination, for certification and appointment. C. INotif cation of dis calif cation Any person who is disqualified for an a mination Or appointment shall be notified in A writing of the reason(s) for such disqualification. He /she may appeal such disqualification by submitting a written statement, supported by available documentary evidence, containing the facts upon which he /she relies to show such disqualification was incorrect. Such appeal shall RULE'S FOR THE CLASSIFIED CIVIL SERVICE EXAMINATIONS Page 2 of UNOFFICIAL RULE 2006 be filed with the Commissioner of Haman Resources within ten (10) days of the date of the written notice of disqualification. Da Conduct of Investigation The Commissioner of Human Resources may conduct investigations concerning the qualifications of candidates, eligibles and appointees for positions under his /her jurisdiction. The scope of the investigation may include training, experience and character qualifications or any area pertinent to the suitability for employment. The investigation shall be as complete as is necessary to make an informal evaluation and determination. This may include the taking of fingerprints and physical descriptive data of said individual and to be submitted to the Division of Criminal Justice for processing- E. Criminal Cunvietiors�s) Each case involving a criminal conviction shall be considered on its own merits. A candidate, eligible or an appointee shall not automatically be disqualified or barred from appointment solely on the basis of a criminal conviction(s) unless mandated by law. In reviewing the criminal conviction(s), full consideration shall be given to the following: nature and seriousness of the offenses; and 2. circumstances under which the offense was committed; and 3. lapse of time since the offense was committed; and 4. relationship of the nature of the offense to the position sought; and 5. number of criminal convictions; and b. evidence of rehabilitation as demonstrated by the individual's good conduct while in correctional custody and/or the community, counseling or psychiatric treatment received; acquisition of additional academic or vocational schooling; successful participation in correctional work release programs and the recommendations of persons who have or have had the applicant under their supervision. Cross Reference: Section 50 - Civil Service Lave 101141 � & M 11 GIFITM 4 a <I U. F 6 p / � RULES FOR THE CLASSIF CIVIL SER VICE RULE II DISQUALIFICATION OF APPLICANTS FOR APPOINTMENT OR EXAMINATI ONS fad 3 o 3 3flf # «2 » LEONARD* ?¥ : *f22< d +Ggm�s: +rf, *(?rear f es +9� ft C of Buffalo, 2 f« York 2*? *«=5 +2 #Q :r A. Ranking of Candidates on are Eligible List 1. Every candidate who attains a passing score in any examination shall be eligible for certification and appointment/promotion to the position for which he /she was examined and his /her name shall be placed on the eligible list in order of his /her final score. 2. When two or more eligibles receive the same final score in the examination, they shall be ranked in accordance with such uniform impartial procedure as prescribed by the Commissioner of Human Resources. Bo Establishment and Duration of fin.Eligibig List 1. The date of the establishment of an eligible list shall be the date fixed thereof by the Commissioner of Human Resources and shall be entered on such list. The eligible list shall contain any additions of veteran's credits and, in the case of promotional examinations, seniority credits. 2. The duration of all eligible lists shall be not less than one nor more than four years. The date of establishment of a list and its duration shall be given to all successful candidates at the time when notice of standing on the eligible list is given to such candidates. Where the duration of an eligible list is fixed at less than four years, the Commissioner of Human Resources may prior to the expiration date of such list, extend the duration of the list rep to the maximum limitation of four years, provided that eligibles on such list are notified in writing of the extension of the eligible list. 3. An eligible list that has been in existence for one year or more dealt be teraninated upon the establishment of an appropriate new list, unless otherwise prescribed by the Commissioner of Human Resources. C. Public Teasnection of Eligible Lists Eligible lists shall be open to public inspection in the Department of Human Resources. The names of persons who failed to receive a passing examination score shall not be disclosed to the public. D. Eligible List Error Correction The Commissioner of Human Resources shall have the power in his/her discretion to correct any error and amend any eligible list where it appears that an error has been made. UNOFFICIAL RULE 2006 E. Eligible List Revocation The Commissioner of Hums" Resources shall have the power to revolve any eligible list where the provisions of these rules were not properly or sufficiently carried out; provided, however, that an eligible list shall not be revoked except after notice and an opportunity to be heard has been given to all persons whose names appear thereon. The reasons for such action shall be recorded by the Commissioner of Human Resources and reported to the State Civil Service Commission within 30 days. Cross Reference: Section 55 - Civil Service Law LEONARD A. MATARESE Approved Date: Adopted /Effective Date: Revocation Date: UNOFFICIAL RULE 2006 A. Subject of Appeals The Commissioner of Human Resources shall consider only such examination appeals as clearly demonstrate a manifest error or mistake appearing in a rating key or scale or in the application of such key or scale to candidate test papers or other records of examination performance or eligibility for appointment and only if such error or mistake affects the eligibility or relative standing of candidates. B. Pre -List Preview The Commissioner of Human Resources or a designee may, by appropriate notice, invite candidate review of and the submission of objections with respect to a tentative rating key for short- answer written tests constituting all or dart of an examination for the purpose of enabling it to establish a final rating key which shall be applicable to all candidates. The Commissioner of Human Resources may designate the period for review and shall notify each competitor in the examination thereof Such competitor may, within fifteen (15) calendar days (holidays excepted) aver the commencement of such review period, object to the Commissioner of Human Resources relative to the tentative rating key. Objections filed by the competitor shall constitute appeals to the Commissioner of Human Resources. Such appeal shall be in writing and shall specify in detail with supporting documentation the cause for complaint. No one shall be permitted to review any examination questions but the competitor in such examination. A competitor may bring a consultant or send a representative only if he/she wishes representation before the Commissioner of Human Resources during an appeal process and only with prior approval of the Commissioner of Human Resources. C. Post -List AwDeal Procedure In cases other than those in which prior approval of the rating key has been granted by the Commissioner of Human Resources or review and submission of objections have been invited under paragraph 2, the Commissioner of Human Resources shall consider appeals subsequent to the establishment of the eligible list subject to the following terms and conditions: 1. Upon the establishment of an eligible list resulting from competitive examination, the Commissioner of Human Resources shall notify each candidate therein of the rating he /she has received and, if such rating be above the required minimum, of his/her comparative standing on the eligible list. Any candidate receiving such notice may personally inspect his /her examination papers in the presence of a designated UNOFFICIAL RULE 2006 representative of the Commissioner of Human Resources, provided he/she makes a request for such inspection, in writing, within the period of five (5) business days after the date of postmark of such notice. The examination papers of such candidate shall be exhibited only to the candidate except that a candidate may bring a consultant to review the records of an oral examination. The consultant must be approved by the Commissioner of Human Resources prior to the review and may not be an individual who was in any way involved in the preparation, conduct or administration of the examination. Z. A candidate who wishes to appeal to the Commissioner of Human Resources his /her rating in one, or more, or all of the subjects of an examination in order to establish eligibility or improve his /her relative standing must submit such appeal in writing on the date after his /her papers are made available for inspection. Such appeal shall be considered as opening for review of all of the competitor's papers in such subject or subjects of the examination on which he/she has appealed, whether resulting in a higher or lower average rating in such subject or subjects of the examination. No change in rating shall be made as a result of an appeal unless it shall affect the candidate's relative position on the eligible list. 3. There shall be no review of examinations conducted on a continuous recruitment basis other than for a computational check of the candidate's answers against the key answers, nor shall there be a review of practical or performance examinations. 4. The Commissioner of Herrman Resources shall correct any manifest error or mistake of marking or rating appearing in the candidate's examination papers or records in the subject or subjects of the examination on which he /she has appealed but such correction shall not prejudice the status of any person previously appointed as a result of such examination. D. Terms and Conditions The following terms and conditions shall apply to every examination review and appeal referred to in this part: A candidate who has participated in an oral examination or an examination which contains an oral test shall be permitted to bring with him/her representatives to personally review the records of such examination or test; provided, however, that nothing herein shall be construed as permitting the use of such representatives in the review of a written examination or a written test. All aspects of the representation permitted by this UNOFFICIAL RULE 2006 subdivision shall be in accordance with the terms and conditions as may be prescribed by the Commissioner of Human Resources or a designee. 2. A candidate shall be permitted to bring books and other references to the review. 3. Candidates shall be supplied with appropriate forms for noting their objections and exceptions and shall submit these to the Commissioner of Human Resources's representative at the time of review, but shall not be permitted to copy any questions or answers. d. The identity of a candidate appealing from a rating key or its application to his /her paper shall not be disclosed to any person who shall advise regarding, passing judgment upon, or make a determination of such appeal. E. Correction of Error(s) The provisions of this part shall not be held to prevent the Commissioner of Human Resources from correcting an obvious clerical error at any time during the life of an eligible list; such correction, however, to be without prejudice to the status of any person who was appointed from said eligible list. F. Examination larepared and rated bl NYS Department of Civil Service For examinations prepared and rated under Section 23(2) of the Civil Service lE...aw, the State Civil Service Commission shall have sole and exclusive authority to correct any errors in rating upon appeal or otherwise. The review of papers by candidates and the filing of appeals in such examinations shall be governed by the rules and regulations of the State Civil Service Commission and Department. i - r :: City of Buffalo, New York Approved Date: Adopted/Effective Date. Revocation Date: UNOFFICIAL RULE 2006 A. Appropriate Eligible List Determination When the appointing authority requests a certified list of names to fill a vacancy in the department, they must specify the title and duties of the positions, salary and other pertinent information that is requested on the form provided by the Department of Human Resources. The Commissioner of Human Resources shall determine the eligible list most nearly appropriate for the position to be filled, and shall certify to the appointing authority a sufficient number of eligibles from which selection for appointment or promotion may be made. When the name of any eligible is included in a certification for appointment or promotion, the names of all other eligibles on the list having the same final rating as such eligibles shall likewise be included in such certification. B. Duration of Certification A certification issued by the Department of Human Resources to an appointing authority shall be valid for a period of 30 days from the date of issuance. After the expiration of such 30 -day period, no appointment shall be made except from a new certification. The Commissioner of Human Resources, for good cause shown, may extend a certiffication up to a maximum of 60 days upon request of an appointing authority. C. Canvassing of Eligibles UNOFFICIAL RILE 2006 the Commissioner of Human Resources determines the reasons for the previous non-response or declinations are satisfactory. D. Removal of Dame from Eligible List The nacre of any person certified as eligible for a permanent appointment and declines such offer, his /her name shall be stricken from the eligible list from which such certification was made, unless such declination is deemed acceptable by the Commissioner of Human Resources. E. Yacancies When one or more vacancy is to be filled, the Department of Human Resources shall certify the nacres of as many persons as there are vacancies to be filled, with the addition of two names. When the nacre of any eligible is included in a certification for appointment, the names of all other eligibles on the list having the same final rating as such eligible shall likewise be included in such certification. F. Revocation of Certification or ARVointment The appointing authority shall make an appointment to fill the vacancy or vacancies from the person or persons whose names are so certified. If a person has been certified or appointed in error, such certification or appointment shall be immediately revoked by notification to the appointing authority. G. A ointi�n Mess Than Re nested Whenever the appointing authority, who has requested a certification to fill more than one vacancy, shall make a smaller number of appointments than indicated in his /her request, he /slue small mare selection from only those standing highest on the list in accordance with the foregoing selections. H. Expiration of Eligible L tfs� No appointment shall be made from any certification of eligibles after the expiration of the eligible list. UNOFFICIAL RULE 2006 L> Discrimination No person shall be denied certification, appointment or promotion nor shall he /she be dismissed, demoted or suspended from employment solely by reason of race, creed, color, sex or national origin. Jo Less Than Threes Names Whenever an eligible list contains less than three names, the appointing authority may maker appointments from such list or may refuse to make an appointment from such list and proceed as herein otherwise provided in accordance with the provisions of Rule M K Higbee- and Lower Grade AnIgoint cuts The name of an eligible certified for appointment from an eligible list to a position for which the eligible list was established and who shall receive an appointment permanent in character, shall be stricken from the list from which such certification was made. li_f, however, an eligible list is used as an appropriate list to fill a lower graded position, an eligible certified for appointment to the lower graded position and receiving a permanent appointment to such position shall maintain eligibility for certification and appointment to the higher graded position for which he/she qualified during the life of such last. Lo Certification for Promotion The Commissioner of Human Resources may establish general promotional eligible lists that shall not be certified to a department until alter the departmental promotional eligible last has been exhausted. M. Separation from Cily Service Any person when has been separated from City service, other then layoff, shall not be certified from a promotional eligible list. Cross Reference: Section 60 — Civil Service Law Section 61 — Civil Service Law UNOFFICIAL RULE 2006 Approved Date: Adopted/Effective Date: Revocati Date: �•. �� - : ;�: is LE ONAR D C of so u, City of B uffal o , Now Yo UNOFFICIAL .MULE 2006 A. Comp etitive 'lass Appointments to all positions in the competitive class that are not filled by promotion, reinstatement, transfer or demotion, tinder the law and rules, shall be made by appointment from among those who are willing to accept and are graded highest in open competitive examination oil the eligible Iist most nearly appropriate for the group in which the position to be filled is classified. No person shall be appointed under any title not appropriate to the duties to be performed. B• Guth Every person employed under these vales shall file a constitutional oath - upon appointment, in accordance with the provisions of Section 62 of the New York State Civil service Law. I. Short Period When services to be rendered by an appointee are considered to be temporary in nature, the following time frames must be adhered to: a. 1112 to 3 months temporary appointments may be made without. regard to existing eligible list b. 3 to 6 months temporary appointments shall be made from among personas on the appropriate eligible list without regard to the relative standing of such person c. Over 6 months: temporary appointments shall be made from among the top three highest scoring eligibles on the appropriate eligible list willing to accept such temporary appointment Do 9i'L months € r Po 6e; A. temporary appointment may be made fora period not exceeding six months when it is found by the Commissioner OfTTl]mFin Resources, upon dare inquiry, that the position to which such appointment is proposed will not continue in existence for a longer period; provided, however, that where a temporary appointment is mad-0 to a position originally expected to exist for no longer than six n1onths and if subsequeaitly develops that such position will remain in existence beyond such six month. period, such temporary UNOFFICIAL RULE 2006 appointment may be extended by the C:onimissioner of Human Resources for a further period not to exceed an additional sip; months. E. effect oaf a Te l)w-ary Anointment The acceptance by an eligible of temporary appointnment shall not affect his /her standing on the eligible Iist for a permanent appointment, nor shall the period of temporary service be counted as past of the probationary service in the event of subsequent permanent appointment, in acquiring eligibility for promotion or in crediting seniority in a promotional examination. F. Alinim am O alificatio s for Tern ljorary A hint ent(s) When the Comm issioner of Human Rewurces determines, thit a to gip€ rafi ap oint ent is apps oprinte, the appoin ing authority Inay nominate a Person to the Commissioner ner Gf ITu an Resources to fill a temporary vacancy. Tf such naminee meets the miuimmn qualifications and /or other �•c ljireme is Of the Position, h€ /sloe shall he approved as € ualafi~e€1! and may be appointed temporarily to fiii Stich vacancy9 G . Pi - ovisional Upoint edit When there is no appropriate eligible list or an existing eligible list contains less than three names, the appointing authority may nominate an individual to fill said vacancy. If such nominee meets the mini num qualifications and /or other requirements of the position, he/she shall be approved as qualified and may be appointed provisionally to fill such vacancy until a selection and appointment can be made after the competitive examination. The Commissioner of Hurnan Resources shall for competitive positions - within his /her jurisdiction, order a civil service examination for any position held by a provisional appointment(s) for a period of one month and as such conduct a civil service examination, or see that such an examination is conducted, as soon as practicable. H. Termination n €rf Proviisiom - J Ai5f)(iirtinent(si A provisional appointment to any position shall be terminated within two nEonths following the establishment of in appropriate eligible list for filling vacancies in such position; provided, however, that where there ar a large number of provisional appointees in any department or agenc to be. replaced by permanent appointees from a Pewly established eligible list, and the appointing authority cleenis that the termination ofthe ennploymew of all such provisional appointees withM two months following estabi i slim cnt of such list ;Mould UNOFFICIAL RULE 2006 disrupt or impair essential public services, evidence thereof may be presented to the Commissioner of Human :Resources which, after due inquiry and upon finding that it is in the befit interest of the public service, may waive the provisions of this subdivision requiring the termination of the employment of provisional appointees within two months following the establishment of an appropriate eligible list and authorize the termination of the employment: of various numbers of such provisional appointees at stated intervals prescribed by the Commissioner of Human Resources, provided, however, that in no case shall the employment of any such previsional appointee be continued longer than four months following the establishment of such eligible list. 1'. Successive Provisional Anpoigtruent:s No provisional employee shall receive more than two consecutive provisional appointments in a position with the same title. No provisional appointee or employee, who has refused to take an examination held for permanent appointment, shall be given another previsional appointment in a position with the sane title, When an examination for a position or group of positions fails to produce a list adequate to fill all positions then held on. a provisional basis, or where such list is exhausted immediately following its establishment, a new provisional appointment may be made to any such Position remaining unClled by permanent appointment, except that a current or former provisional appointee who becomes eligible for a permanent appointment to any such position shall, if he/she is then to be continued in or appointed to any such position be afforded permanent appointment to such position. For the purpose of this rule, a failure to appear for an appropriate examination shall constitute a re usa.l to take an appropriate examination unless adequate reason for a failure to appear is determined by the Commissioner ofUuman Resources. J. Non- Permane t_Aripointnteats ofPermanent EF EIuyees When a permanent competitive class employee is given a provisional, temporary or contingent permanent appointment to a competitive class position. in awry city department or city a the position vacated by hire /her shall only be filled except on a temporary or contingent. permanent basis until the position is unencumbered by the permanent employee_ UATOFF[CT4L RULE 206 K. Waiver Of Examination Whenever a vacancy exists in a position in the competitive class and an open competitive exa has been duly advertised and there are three or lass persons filing applications for the examination, the appointing authority may nominate one of such persons for examination and the Commissioner of Human Resources shalt conduct an examination of such character and scope as in his /her judgment will test satisfactorily the qualifications of the nominee for the position. L. >`± me ;agency Aj)K! hht eats Whenever there are urgent reasons for filling a vacancy in any position in the competitive class, and there is no list of persons eligible for appointment after competitive examination, or in cases of emergency, where the public interest demands the immediate employn - tent of one or more persons to perform the work, or render the services of a position ill the competitive class, and it is impracticable to make such appoiritrnent in accordance with the lave and these ru the appointing authority niay, subject to the subseclue;nt approval of the Cornmission of Human Resources procure such services to he performed and such work to be done to rneet the dernands of the public interest, but in no case shall such eiriploymont be for a. longer period than five days. In all such cases the appointing authority shall make a full report to the Commissioner of Human Resources of all the facts and circumstances. Cross :references: Section 61 - Civil Service Lain Section 64 - Civil Service Law Section 65 - Civil Service LaNv APPROVED: LEONARD A. DYKE Commissioner of Human Resources City of Wo, Now Voris Approved Date: dap edlEffective 1 a� : Revocation Date: U ATOFFICIA . KNEE 006 CITY OF 113ZJFFALO DEPARTMENT OF HUMAN RESOURCES 65 Niagara Square, Room 1001 City Hall Buffalo, New York 14202 -3302 Byron W. Brown Mayor Leonard A. Matarese, IPMA -CP, ICMA -CM Ca »:1irissioner Civil Service Administration (716) 851 -5408 Fax (716) 851 -5401 Compensation & Benefits Employee Relations (716) 851 -5904 Fax (716) 851 -4968 Personnel (716) 8S1 -4218 Fax (716) 851 -5401 September 11, 2006 TO: Gerald Chwalinski City Clerk 1301 City Hall FROM: Olivia A. Licata Administrative .Director RE: Revision to RULE 1.6 PROBATION A further revision has been made to Rule 16 Probation. and will be part of the public hearing on September 20, 2006. Enclosed is a copy of the revised Rule 16. Please disregard Rule 16 that was mailed on August 18, 2006. E. THE CITY OF BUFFALO IS AN EQUAL OPPORTUNITY EMPLOYER Probation is defined as a trial period whereby a supervisor rates a new employee or a current employee, who has been promoted, in the performance of his /her duties in accordance with specifically defined criteria. The probation period is an integral part of the selection process and shall be utilized for observing the employee's work, for securing the most effective judgment of the whose performance does employee to the position and for rejecting any empl not meet the required work standards. It possesses the highest Possible validity and reliability factors in rating'an employee on the job performance of work activities. because it measures the actual A. Conduct or Performance of a Probationer L If the conduct or performance of a probationer is not satisfactory, a probationary employee may be terminated at any time on or before completion of the maximum period of probation in the manner as prescribed in these rules. A copy of such notice shall be sent to the Commissioner of Human Resources or his /her designee. 2. The Commissioner of Human. Resources requires the employing department to complete a written quarterly evaluation report on an evaluation instrument designed by the employing department and approved by the Commissioner of Human Resources or his /her designee. This instrument will be a combination of trait and performance ratings and will be job specific; have a plan of action and employee response component. Each job title will have specific tasks or performance criteria, consistent with modern personnel practices. The quarterly reports must be submitted to the Commissioner of Human Resources or to his /her designee during probation with the final evaluation submitted one week prior to the completion of the probationary term. �. All employees must complete the maximum probationary period in order for their appointment to become permanent. A probationary employee may be separated at any time in the process during probation, after completion of the minimum term. B. Probations Period /Term 1. Appointments permanent in character from an Open Competitive Eligible List except appointments to positions of Police Officer and Firefighter, shall be for a Probationary term of not less than 2 months nor more than 12 months. 2. Appointments permanent in character from a Promotional Eligible List shall be for a probationary term of not less than 2 mouths nor more than 12 months. 3. Appointments permanent in character to positions in the Non - Competitive Class shall be for a probationary term of not less than 2 months nor more than 12 months. 4. Appointments permanent in character to the position of Firefighter and Police Officer shall be for a probationary term of not less than 2 months nor more than 18 months. 5. Appointments permanent in character from a promotional eligible list to the position of Division Fire Chief, Battalion Chief, Fire Captain, Fire Lieutenant and Fire Engineer /Driver in the Department of Fire shall be for a probationary term of not less than 2 months nor more than 12 months. 6. Appointments permanent in character from a promotional eligible list to the position of Police Inspector, Police Captain, Police Lieutenant, Police Sergeant, Detective Sergeant and Detective in the Department of Police shall be for a probationary term of not less than 2 months nor more than 12 months. C. Reinstatement to Former Position When probationary service is required upon promotion, the position formerly held by the person so promoted shall be held open for him/her and shall not be filled, except on a temporary or contingent permanent basis, pending completion of the probationary term. At any time during such probationary terin the employee shall have the right to return to his /her previous position at his/her own election. If the conduct or performance of the probationer is not satisfactory, he /she shall be restored to his/her former permanent position during the probationary term. D. Leave of Absence Any person who has been granted a leave of absence without pay during a probationary term shall be required to complete such probationary term after reinstatement, except as otherwise provided by Section 243 (9) of the Military Law. E. Absence During Probation Any periods of authorized or unauthorized absence totaling up to ten workdays during the probationary term, may, in the discretion of the appointing authority, be counted as time served in the probationary term. Any such periods of absence in excess of a total of ten workdays shall not be counted as time served in the probationary term. The probationary term of any employee shall be extended by the number of workdays in his/her absence which, pursuant to this section, are not considered as time served in the probationary term. UNOFFICIAL RULE 2006 F. Requirements for Firefighters Notwithstanding the provisions of these rules, a Firefighter shall not become permanent unless and until he/she satisfactorily completes, during probation, the requirements of a prescribed course of instruction as deemed appropriate by the Department of Fire and Department of Human Resources. G. Requirements for Police Officers_ Notwithstanding the provisions of these rules, the appointment of a Police Officer shall not become permanent unless and until he /she has satisfied such requirements as may be made applicable pursuant to Article 19 -F of the Executive Law relative to satisfactory completion of a prescribed course of instruction. H. Requirements for Police Lieutenants and Detective Sergeants Notwithstanding any other provisions of these rules, the promotion of a Police Officer to the position of Police Lieutenant and the promotion of a Detective to the position of Detective Sergeant shall not become permanent unless and until he /she has satisfied such requirements as may be applicable under Section 249 -q of the General Municipal Law. If a Police Officer or Detective is promoted to a higher rank for which he /she has met all requirements of eligibility for permanent promotion except training requirements applicable under Section 209 -q of the General Municipal Law, he /she shall be deemed to be on a leave of absence from the lower rank position from which he /she was promoted pending completion of such training. During this period such lower rank position may not be filled except on a temporary basis. In the event of his /her failure to complete such training successfully within the time allowed therefore, he /she shall be restored to such lower rank position. I. Requirements for Probation — Promotion from Non - Competitive Class Every appointment permanent in character of a non - competitive class employee to a competitive position from a promotional list resulting from a departmental or interdepartmental examination shall be for a probationary period as described in paragraph B of this rule. J. Incompetency or Misconduct Nothing contained in this rule shall be construed to limit or otherwise affect the authority of an appointing authority pursuant to Section 75 of the Civil Service Law at any time during the probationary term, to remove a probationer for incompetency or misconduct. K. Restoration to Eligible List A probationer whose employment is terminated or who resigns before the end of his/her probationary term may request that his/her name be restored to the eligible list from which UNOFFICIAL RULE 2006 he /she was appointed, provided such list is still in existence. His /her name may be restored to such list if the Commissioner of Human Resources, after due inquiry, determines that the probationer's service was such that he /she should be given a second opportunity for appointment. L. Special Re uirements for Open Competitive and Promotional Appointments An appointment or promotion to various positions where individuals must meet special requirements and present a certificate or license after appointment or promotion shall become permanent upon the completion of the maximum period of probation, provided the employee has obtained the valid certificate or license. Where the employee has not obtained such certificate or license, his /her probationary period shall be extended for the additional period of time given as prescribed on the job specification to obtain the certificate or license. In the event of his /her failure to obtain the necessary certification or license within this specified period of time from date of appointment or promotion, he /she shall be terminated. Cross Reference: Section 63 - Civil Service Law APPROVER: LEONARD A. MATARESE Commissioner of Human Resources City of Buffalo, New York Approved Date: AduptediEffective Date: Revocation Date: UNOFFICIAL RULE 2006 A. Performance of a Probationer 1. If the performance of a probationer is not satisfactory, a probationary employee may be terminated at any time after the minimum and on or before completion of the maximum period of probation in the manner- as prescribed in these rules. A copy of such notice shall be sent to the Commissioner of Human Resources or designee, 2. The appointing authority and supervisor of a probationer will carefully evaluate the probationer's work pearfearrtnance° of the duties and responsibilities of the position. A probationer, whose services are to be terminated for unsatisfactory service, shall be given written notice prior to such termination. 3. All employees roust complete the maximum probationary period in order for their appointment/promotion to become permanent. D. Probationa! j Period/Term 1. Appointments permanent in character from an Open Competitive Eligible List, except appointments to positions of Police Officer and Firefighter, shall be for a probationary term of not less than 2 months nor more than 12 months. 2. Appointments permanent in character from a Promotional Eligible List shall be for a probationary term of not less than 2 months near more than 12 months. 3. Appointments permanent in character to positions in the Non - Competitive Class shall be for a probationary lernn of not less than 2 months near more than 12 months. 4. Appointments permanent in character to the position of Firefighter and Police= Officer shall be for a probationary term of not less than 2 months nor more than 18 months. . Appointments permanent in character from a promotional eligible list to the position of Division Fire Chief, Battalion Chief, Fire Captain and Fire Lieutenant in the Department of Fire= shall be for a probationary term of not less than 2 months nor more than 12 months. . Appointments permanent in character from a promotional eligible list to the position of Police Inspector, Police Captain, Police Lieutenant, Detective and UNOFFICIAL .RILE" 2006 Detective Sergeant in the Department of Police shall be for a probationary term of not less than 2 months nor moire than 12 months. C. Reinstatement to Former Position When probationary service; is required upon promotion, the position formerly held by the person so promoted shall be held open for him/her and shall not be filled, except on a temporary or contingent permanent basis, pending completion of the probationary term. At any time during such probationary term the employee shall have the right to return to his /her previous position at his/her awn election. If the conduct or performance of the probationer is not satisfactory, he /she shall be restored to his /her former permanent position during the probationary terra. D. Leave of Absence Any person who has been granted a leave of absence without pay during a probationary term shall be required to complete such probationary term after reinstatement, except as otherwise provided by Section 243 (9) of the Military Law. E. Absence During Probation Any periods of authorized or unauthorized absence totaling up to ten workdays during the probationary term, may, in the discretion of the appointing authority, be counted as time served in the probationary terra. Any such periods of absence in excess of a total of ten workdays shall not be counted as time served in the probationary term. The probationary term of any employee shall be extended by the number of workdays in his/her absence which, pursuant to this section, are not considered as time served in the probationary term. F. &e uirements for Police Lieutea nts and Detective Se eants Notwithstanding any other provisions of these rules, the promotion of a Police Officer to the position of Police Lieutenant and the promotion of a Detective to the position of Detective Sergeant shall not become permanent unless and until he /she has satisfied such requirements as may be applicable under Section 209 -q of the General Municipal Law. If a Police Officer or Detective is promoted to a higher rank for which he /she has met all requirements of eligibility for permanent promotion except training requirements applicable under Section 209 -q of the General Municipal Law, he /she shall be deemed to be on a leave of absence from the lower rank position from which he/she was promoted /sending completion of such training. During this period such lower rank position may not be filled except on a temporary basis. In the event of his /her failure to complete such training successfully within the time allowed therefore, he /she shall be restored to such lower rank position. UNOFFICIAL RULE 2006 G. Reguirements for Probation — Promotion from Non - Competitive Class Every appointment permanent in character of a non - competitive class employee to a competitive position from a promotional list resulting from a departmental or interdepartmental examination shall be for a probationary period as described in paragraph B of this rule. H. IncoMpetencl or Misconduct Nothing contained in this rule shall be construed to limit or otherwise affect the authority of an appointing authority pursuant to Section 75 of the Civil Service Law at any time during the probationary term, to remove a probationer for incompetency or misconduct. L Restora dog to Eligible List A probationer whose employment is terminated or who resigns before the end of his /her probationary tern} may request that his/her name be restored to the eligible list from which he /she was appointed, provided such list is still in existence. His /her name may be restored to such list if the Commissioner of Human Resources, after due inquiry, determines that the probationer's service was such that he /she should be given a second opportunity for appointment. Cross Reference: Section 63 - Civil Service Law LEONARD A. MATARESE alb - MAN-T i ma l• Approved Date: Adopted /Effective Dates Revocation Date: UNOFFICIAL MULE 2006 A. Trainee ADoointments or Promotions The Commissioner of Human Resources may require that permanent appointments or promotions to designated positions shall be conditioned upon the satisfactory completion of a term of service as a trainee in such a position or in an appropriate, lower training title or the completion of specified or academic courses, or both. The period of such term of training service shall be prescribed by the Commissioner of Human Resources. Upon the satisfactory completion of such training term and of specified courses if required, an appointee shall be entitled to full permanent status in the position for which appointment was made. B. Probatiogaa ler°m for Train2t Positnon(s) Any appointment as a 'Trainee shall be subject to such probationary period as is prescribed in these rules. The employment of such person in a Trainee position may be discontinued at the end of the term of training service if his/her conduct, capacity or fitness is not satisfactory or at any time between the minimum and maximum period of probationary term for traineeship. C. Ter•minatign If the Trainee fails, refuses to pursue or does not continue such training or academic courses satisfactorily as may be required, his/her employment may be terminated at any time during the traineeship. LEONARD A. MATARESE i' f ws ; -_ y -_. ' - r- City of Buffalo, New York Approved Date: UNOFFICIAL RULE 2006 A. Anvointments or Promotions on a Contingent Permanent Basis A competitive class position left temporarily vacant by a leave of absence of the permanent incumbent may be filled, at the discretion of the appointing authority and with the approval of the Commissioner of Human resources, by a contingent permanent appointment though the use of an open competitive, promotional or preferred eligible list. Any person. appointed on a contingent permanent basis shall have all the rights and benefits of permanent competitive class employee, subject to the following conditions. !. Designation as Coantineent Permanent A contingent permanent appointment or promotion must be specifically designated by the appointing authority as such and must be reported to the Commissioner of Human Resources. In the case of a contingent permanent promotion to another department or agency, the promotion may be designated as such only if the appointing authority agrees in writing that after the promotee successfully completes his /her probation service, the appointing authority shall provide a position to which the pronnotee shall be restored with permanent status in the event that such restoration becomes necessary under the provisions of this section. 2. Probationary Period All appointments under this rule shah be required to complete the probationary period as would be for an original appointment or promotion. 3. Preferred /List In the event of a layoff or if the permanent incumbent returns from a leave of absence, the contingent permanent appointee's name will be placed on a preferred eligible list for certification to any department. B. Rights 2f Permanent_Co eti Mass E nloyee(sj When a permanent competitive class employee accepts a contingent permanent appointment, he /sloe shall have the rights and be subject to conditions as follows: I. Leave of Absence When a permanent competitive class employee accepts a contingent permanent appointment or promotion, the position vacated by such employee shall not be filled except on a temporary or contingent permanent basis until the contingent permanent appointment or promotion matures into a permanent appointment. He /she shall be deemed to be on a leave of absence from his /her permanent competitive class position. UNOFFICIAL RULE 2006 2. Seniori When a contingent permanent appointment becomes a permanent appointment, the date of permanent service shall be the date of the original contingent permanent appointment. 3. Return of Incumbents-, Preference in Retention In the event of layoff or the permanent incumbent returns from a leave of absence, persons holding positions on a contingent permanent basis shall be displaced before any persons holding permanent status in the same title regardless of total seniority. In the event more than one position in the same title is held by persons having contingent permanent appointments or promotions, displacement among those persons shall be based on the inverse order of their contingent permanent appointments or promotions. Incumbents holding contingent permanent appointments or promotions shall have preference in retention over temporary incumbents not holding such appointments regardless of appointment date. When more than one individual acquired contingent permanent status on the same date, their position on the eligible list used to make the contingent permanent appointments shall determine such termination. 4. Vol<unjM Return to Former Position If the employee voluntarily elects to return to his/her permanent position before completing sixty (60) days of service under his /her contingent permanent appointment or promotion, such appointment or promotion shall not be deemed to have been made on a contingent permanent basis. 5. E igibiligy for fer ification The contingent permanent employee's status shall not adversely affect or impair his /her eligibility for certification from the eligible list for permanent appointment or promotion to such permanent vacancies as may occur. 6. Rights of AujRointa The contingent permanent employee shall be deemed to hold his /her position on a permanent basis for the purposes of Section 75 of Civil Service Law (removal and other Disciplinary Action). If the position, which an employee holds on a contingent permanent basis, is abolished or the permanent employee returns to his /her position, the contingent permanent employees' name shall be placed upon a preferred list for that position. U1`TOFF.rCIAL RILE 2006 7. Salary and Benerits For purposes of salary Fights and benefits, the employee shall be deemed to hold his/her contingent permanent position on a permanent basis. 8. Efigibilft for Examination For the purpose of subsequent examinations, either open competitive or promotional, an employees' service in his /her position with contingent permanent status shall be counted in the same manner as if it were service on a permanent basis. If an employee receives a contingent permanent appointment or promotion as a result of receiving additional veterans or disabled veteran credits in an examination, he /she shall not be entitled to such credits in any subsequent examination for a higher grade position for which he/she would not otherwise be eligible without such contingent permanent status. 9. Perman nt Vacancies a) If a permanent vacancy occurs in a position then held by an incumbent having contingent permanent status therein, such vacancy shall be filled by selection by the appointing authority of one of such employees of the department or agency having such contingent permanent status in such position or a similar position provided, however, that if any such employee has acquired such contingent permanent status by appointment or promotion from an eligible list still in existence, he /she may not be selected for permanent appointment or promotion unless he /she is then reachable for permanent appointment or promotion from such eligible list. b) When a contingent permanent appointment or promotion is accepted and the eligible list from which the appointment or promotion is made expires, the contingent permanent appointee shall gains permanent competitive stags when a permanent vacancy becomes available in the department or agency in which the contingent permanent or promotion was made. 10. Restoration to Former Pori loon A contingent permanent appointee, at his /her own election and after reasonable notice, be restored to his /her former position any time during such leave of absence. In the case of an employee who has been promoted on a contingent permanent basis from one department or agency to another, and who has completed his/her probationary period, restoration shall be matte to a the position as provided for pursuant to Paragraph A, subsection 1 of this rule. UNOFFICIAL MILE 2006 C. Nothing herein shall be construed to limit or to adversely affect the right or eligibility for reinstatement of any person from a preferred list as provided in Section 81 of the Civil Service Lava'. _ LE ONARD . .. - MAT Commissioner of i _ Resources City of Buffalo, Now York Approved Dat UNOFFICIAL RTE 2006 Every resignation shall be in writing and delivered to or filed in the office of the appointing authority with a copy forwarded to the Commissioner of Human Resources. A. Effective Date of Resit action If no effective date is specified in a resignation, it shall take effect upon delivery to or filing in the office of the appointing authority. If an effective date is specified in the resignation letter, it shall take erect on such specified date. However, if a resignation is submitted while the employee is on leave of absence without pay, such resignation, for the purpose of determining eligibility for reinstatement, shall be deemed to be effective as of the date of the commencement of such leave of absence. B. Leading DiscinfinnEy Char es Notwithstanding the provisions of this section, when charges of incompetence or misconduct have been or are about to be filed against an employee, the appointing authority may elect to disregard a resignation filed by such employee and to prosecute such charges; and, in the event that such employee is found guilty of such charges and dismissed from the service, his /her termination shall be recorded as a dismissal rather than as a resignation. C. Withdrawal 2r Amendment of Resignation A resignation may not be withdrawn, canceled or amended after it is delivered to or filed in the office of the appointing authority, without the written consent of the appointing authority. D. Absent Without Leave When an employee is absent without leave and without a reasonable explanation for a period of ten (10) consecutive workdays, such absence shall be deemed to constitute a resignation effective on the date of the commencement of such absence. However, the facts of absence and of lack of reasonable explanation must be established upon notice and hearing pursuant to the provisions of Section 75 of the Civil Service Law. If such employee is found guilty, a copy of the charges, his /her written answer thereto, a transcript of the hearing and the determination shall be forwarded to the Commissioner of Human Resources. E. Failure to Return from Leave of Absence The failure of an employee to return to work from an authorized leave of absence must be established upon notice and hearing pursuant to the provisions of Section 75 of the Civil UNOFFICIAL RULE 2006 Service Law. If such employee is found guilty, a copy of the charges, his/her written answer thereto, a transcript of the hearing and the determination shall be filed in the office of the department in which he /she has been employed, and a copy thereof shall be filed with the Commissioner of Human Resources. LEONARD A. MATARESE Commissioner of Human Resources City of Buffalo, New York Approved Date: Revocation Date: UNOFFICIAL RULE 2006 A. Eftibility for Promotion To be eligible to participate in an examination for a promotion, to receive a promotion or to be promoted, an individual must meet the following: 1. Employment Continuously and permanently employed for at least one year (12 months) immediately preceding such examination or promotion in a position from which the promotion is to be made; except that in cases where there are three (3) candidates or less in the line of promotion who have completed one year (12 months) of service, the requirement for continuous service may, at the discretion of the Commissioner of Human Resources be reduced to six (6) months. 2. Military Service .[ R. leave of absence for military service, as provided in the Military Law, or a leave of absence for educational purposes, under the provisions of Rule 25 shall not for the purpose of Paragraphs A and B of this rule, constitute an interruption of continuous employment. Individuals in military service must meet the following requirements: a) Employed in a position the duties of which are such as would naturally and properly tend to fit him/her for the promotional position; b) Fulfilled all of the preliminary requirements prescribed by statute, rule or regulation for original entrance to the position to be filled. LVEMW B. Efigibilh for° Eromotion in the Dguartment of Police and De artment of Fire To be eligible to participate in an examination for promotion to the ranks of Police Lieutenant or Detective in the Department of Police OR to the rank of Fire Lieutenant in the Department of Fire, candidates must have been at least three (3) years of permanent service in the rank of Police Officer or Firefighter, and such additional service beyond said three (3) years as may be determined by the Commissioner of Human Resources at the time of the announcement of the examination and must have been employed permanently and continuously in the Department of Police or Department of Fire, as the case may be, for such stated period preceding the date of the technical examination. C. Name on Preferred List or Permanent Eml!121ee on Leave of Absence Any employee who has been suspended from his/her position through no fault of his/her own and whose name is on a preferred list DR any employee on leave of absence from his/her position, shall be allowed to compete in a promotional examination for which he /she would otherwise be eligible on the basis of his/her actual service before suspension or leave of absence, D. Non-Competitive Promotional Examination Whenever there are no more than three (3) persons eligible or file applications for a promotional examination that has been posted, the appointing authority may nominate one of such persons for promotion, and the Commissioner of Human Resources shall conduct an examination of such character and scope that in his /her judgment will test satisfactorily the qualifications of the nominee for the position, but no examination shall be required for promotion to the next higher grade: T. when the person promoted has already qualified in an examination of an equivalent character; 2. when such person entered the service through open competitive examination involving similar or higher essential tests or qualifications than those required in the position to be filled by promotion; 3. when the promotion is a mere increase in salary without any change in duties. IINOF FIML RULE 2006 E. Eli nbili for Promotional EMminatisnnns from the Norm -Conga etitive Clan Employees who are holding or who have held a full -time permanent position in the non- competitive class of city service for a period of two (2) years shall be afforded the same opportunity as employees in the competitive class to take promotional examinations for which such aeon- competitive class service is determined by the Commissioner of Human Resources to be appropriate preparation where such examinations are held in conjunction with open competitive examinations. E. Prohibition_ against out of title work In accordance with Section Gt (2) of the Civil Service Law, no credit shall be granted in a promotional examinations for out of title worts. G. Seniork Credits for Examinations Promotions shall be based on merit and fitness as determined by examination, with due weight being givens to seniority. The previous training and experience of the candidates and performance ratings where available, may be considered and given due weight as factors in determining the relative merit and fitness of candidates for promotion. 1. Credit for seniority and service record rating shall be granted by slue weight of seniority. 2. Seniority, for examination purposes, is defined as the date of first permanent appointment in the Classified Service followed by continuous service. 3. A permanent employee, who has left city service by resignation or termination, for more than one year, constitutes a brew in service. Seniority for examination purposes will be determined from the date of his/her re-employment or re- instatement on a permanent basis and prior service well not count. 4. Time used for Leave of Absences will be subtracted from the employees overall seniority except military leaves of absence, which are governed by law. H. Eligible Lists 1. The Commissioner of Human Resources may establish general promotional eligible lists that shall not be certified to a department until after the departmental promotional eligible lest has been exhausted. 2. The conduct of promotional examinations shall be subject to the provisions of Rule 9 of these rules. 3. The preparation of eligible lists shall be subject to the provisions of Role 12 of these rules. 4. When an existing promotional eligible list contains two (2) names or less, the appointing authority may appoint from said list, or request certification from an open competitive eligible list for the same position. 1. Certification for Promotions from Eligible Lists Promotions shall be made from the eligible lest most nearly appropriate for the position to be filled. 2. Certification of names for a promotion from a departmental promotional eligible lest to a position in the competitive class shall be made by the selection of one of three (3) names certified by the Commissioner of Human Resources as standing highest on such departmental promotional eligible lest welling to accept such promotion. 3. Certification of names for a promotion from a general promotional eligible lest to a positions in the competitive class shall be made by the selection of one of three (3) names certified by the Commissioner of Human Resources as standing highest on such list willing to accept such promotion. J. Certification for Promotion While on Leave of Absence An employee, who is on a leave of absence and his/her name is certified from a promotional eligible list, newest be ready to return to work on the effective date of the promotion. Otherwise, his/her name may be stricken from the promotional eligible lest or upon written request eligibility may be deferred. Cross Reference: Section 52 - Civil Service Law Section 61 - Civil Service Law L EONARD Ae Y®0I" TA E S E Com �ssloner of Human Resources City of Buffalo, Now York Approved Date: Fi , 113 The Non - Competitive Class shall include all positions that are not in the exempt class and for which it is found by the Commissioner of Human Resources having jurisdiction are not to be practicable to ascertain the merit and fitness of applicants by competitive examination. A. ADvroval and Designation of Non -Coo etitive Positions No position shall be deemed to be in the non-competitive class or non - competitive class (confidential/policy influencing) unless it is specifically named in such class in these rules. Not more than one appointment shall be made to or under the title of any office or position placed in the non- competitive class pursuant to the provisions of this section, unless a different or an unlimited number is specifically prescribed in the rules. B. Nomination for Non-Comi2etitive ApRointment A position in the non-competitive class may be filled by the appointment of a person who meets the minimum qualifications established for such position by the Commissioner of Human Resources. The appointing authority may nominate a candidate for a non - competitive appointment subject to such non - competitive or qualifying examination as determined by the Commissioner of Human Resources as being appropriate for the position to be filled. Such appointment shall become effective only after approval by the Commissioner of Human Resources. C. Al2olication for Non - Competitive Position All candidates nominated for a non - competitive position must complete an application on a prescribed form and must be fled with the Commissioner of Human Resources. The burden of meeting the minimum qualifications and/or training and experience shall rest upon the candidate. Positions approved by the NYS Civil Service Commission for placement in the Non - Competitive Class and Non- Competitive Class (Confidential/Policy Influencing) shall be listed in Appendix B of these rules and made a part thereof: Cross Reference: Section 42 - Civil Service Law Approved Date. Adopted /Effective Date: Revocation Date. LEONARD _';- D Air MATA Commissioner of Human Resources City iiBuffalo, N York A. Transfer of Eligibility for Permanent Appointment Upon the written request of an individual and the prospective appointing authorities, and subject to the approval of the Commissioner- of Human Resources, any individual serving in a competitive class position as a permanent appointee who has completed his /her probationary period, may be permanently appointed to another competitive class position subject to these rules without further competitive examination, provided; 1. There is no preferred eligible list appropriate for filling the position to which appointment is sought containing the name of an eligible willing to accept appointment; and 2. There is no departmental promotion eligible list for the position to which appointment is sought containing the names of three or more eligibles willing to accept appointment; and 3. The Commissioner of Human Resources determines that the examinations' scope and qualifications for the positions held and to which appointment is sought are identical; or 4. When the examinations' scope and qualifications are not identical, the NYS Department of Civil Service has determined that the examination for the position held involved or would involve essential tests and qualifications the same as or greater than those of the position to which appointment is sought; and 5. The Commissioner of Human Resources has determined that such appointment is for the good of the service. B. Non - Competitive Class A person holding a position in the Nora- Competitive Class may be transferred to a similar position in the same class in another department upon written request of the individual and the prospective appointing authorities whose departments are affected and subject to the approval of the Commission of Human Resources. Cross Deference: Section 70 a Civil Service Law UNOFFICIAL RULE 2006 P%pproved Date: Revocation D UNOFFICIAL RULE 2006 A. Reinstatement A permanent competitive class employee, who has resigned, may be reinstated without farther examination to the position from which he /she resigned, if then vacant, or in any vacant position to which the employee was eligible for transfer or reassigrnmeaL 1. All reinstatements are subject to the following terms and conditions: a) The prospective appointing authority must request approval from the Commissioner of Human Resources to reinstate an individual. b) A reinstatement may not be approved to a position for which a preferred list exists containing the name of an eligible willing to accept appoinntment. c) With the exception of an employee who is being reinstated to his/her former position within one year from resignation, a reinstatement may not be approved to a position for which a promotional eligible list exists containing the names of three or move eligibles willing to accept appointment. d) The Commissioner of Human Resources shall determine if the reinstatement is for the good of the service. 2. Reinstatement following a break in service of more than one year must also satisfy the following additional conditions: a) The appointing authority must provide documentations or explanation that demonstrates to the satisfaction of the Commissioner of Human Resources that the individual requested to be reinstated possesses current knowledge and shill in the occupational field to which reinstatement is sought. b) If the positions to which reinstatement is sought requires successful completion of medical and /or physical agility tests for original appointment, the individual being reinstated must satisfy these criteria immediately prior to reinstatement. B. Reinstatement from a Preferred Eli ible List An employee that is laid off from his/her permanent competitive class position shall be certified from a preferred eligible list. 1. The eligibility of a preferred list is forms years from date the position was abolished. UNOFFICIAL RULE 2006 Cross Reference: Section go - Civil Service Law Section 81 - Civil Service Law UNOFFICIAL RULE 2006 Approved at 21«2«% # =w: Revocation #Qlf: ±fff #2 »# ....... .... . . LEONARD ».% ±2X±23» 222 + \ Buffalo, New Yor UNOFFICIAL RULE 2006 A. Terminology For the purpose of this rule, the following terms shall apply: t. Direct line of oromotion shall be strictly construed that in order to be considered in direct line all titles must have the same generic root 2. Next lower occupied title shall mean the title in direct line of promotion immediately below the title, which the incumbent is suspended or demoted, N no one is serving in that title, then it shall be the closest lower title in direct line of promotion in the layoff unit in which one or more persons do serve. 3. ii.ayofl'unit shall mean each department of the City. 4. Satisfactory Service shall mean service by an employee during which he/she did not receive an unsatisfactory performance rating and was not found guilty of misconduct or incompetence pursuant to Section 75 of the Civil Service Law or negotiated disciplinary procedures which resulted in the imposition of any of the following penalties upon such employee: a) dismissal from the service, or b) suspension without pay for a period exceeding one month, or c) demotion in grade and title 5. Permanent Service shall start on the date of the incumbent's original appointment on a permanent or contingent permanent basis in the classified service. However, in the case of disabled veterans, the date of original permanent appointment is considered to be 60 months (5 years) earlier than the actual date; non - disabled veterans are considered to have been appointed 30 months (Z V2 years) earlier than their actual date of appointment. For the purposes of this rule, the definition of what constitutes a veteran or disabled veteran is contained in Section 85 of the Civil Service Law, 6. Resignation followed by a reinstatement or reappointment more than one year subsequent to the resignation constitutes a break in service. The original appointment date is to be determined from the date of reemployment; prior service does not count. UNOFFICIAL RULE 2006 7. Ternporarv pr raralvisiorlal service preceding the original permanent appointment does not count. However, temporary or provisional or contingent permanent employment immediately preceding and followed by permanent classified service employment does not interrupt continuous service. 8. Covered In refers to an employee who was "covered -in" to a classified position and the date of seniority begins on the effective date of the covering. Seniority of employees "covered -in" on the same date shall have seniority based on their date before the "cover - in ". 9. Seniority _ o Transferred Emloyeesg who were transferred from one city department/civil division to another, shalt Mart on the date of his/her original permanent appointment in the classified service in the other city department /city division B. SusDensiorn/DisDllacement I. When an occupied position in the competitive class is abolished, suspension/displacement is to be made from among those employees holding the same title in the same layoff unit as the abolished position. 2. Among permanent employees, the order of suspension/displacement is the inverse of the order of their original permanent appointments in the classified service. See above definition of permanent service for veterans and disabled veterans. An exception to this rule is that the blind have absolute retention rights but only in their job status. 3. A blind person may not backdate his/her permanent service if he /she also happens to be either a veteran or disabled veteran. A. person is considered Mind if he /she is so certified by the Commission on Blind and "visually Handicapped of the NO'S Office of Children and Family Services. 4. When two or more permanent incumbents of positions in a specific title are suspended, demoted or displaced at the same time, the order in which they shall be entitled to displace shall be determined by their respective retention standing, with those having the greater retention standing entitled to displace first. 5. When more than one employee is originally appointed on a permanent basis on the same day, their retention rights shalt be determined by their rank on the original eligible list UNOFFICIAL RULE 2006 from which they were appointed; that person having the highest rank having greater retention rights over those having lower ranks. 6. All temporary, provisional and contingent permanent employees occupying these positions must be terminated before any permanent employee is suspended /displaced from such positions. 7. probationary employees occupying such positions in the same title, must also be suspended / displaced before any permanent employee in the layoff unit in that title who has completed his/her probationary period. probationary employees do, however, have greater retention rights to those of contingent permanent, temporary and provisional employees. 8. The order of suspension/displacement among probationary employees shall follow the same principles as that among permanent employees. C. Vertical Bumping Vertical bumping occurs when an employee in a specific title to which there is a direct line of promotion, who is himself /herself" suspended or displaced, displaces an employee in a lower occupied title in direct line of promotion in the same layoff unit having the least seniority if the employee who seeks to displace has greater retention standing. This will permit an employee to displace in any lower title, beginning with the next lower title. 2. Where the layoff involves more than one position in a title, the order of displacement will be the inverse of the order of suspension. That is, the most senior of the suspended employees will be the first to displace. This shall apply to both vertical bumping and retreat. I if an employee refuses to displace a junior incumbent he /she must be laid off. This, however, does not protect the junior incumbent from being compared in retention standing with other incumbents if other positions at the higher level are being abolished. 4. When the next lower title has been occupied by means of displacement regardless of when the displacement into the title has occurred, it is considered to be occupied for further displacement purposes; however, a Next lower title which has all of its positions abolished at the same time as positions abolished at the higher level cannot be considered as occupied. A title that is occupied by an incumbent, temporary, provisional, contingent UNOFFICIAL RULE 2006 permanent, probationary or permanent is considered occupied for the purposes of this section. D. Retreat 1. Retreat occurs when and only when there is no lower occupied position in direct line of promotion at any level. 2. An employee may retreat by displacing the incumbent with the least retention right who is serving in a position in the title in which the displacing incumbent has served on a permanent basis prior to service in the title from which he/she is currently suspended or displaced. Retreat may only occur where the position in the title formerly held by the displacing incumbent is occupied in the competitive class, in the same layoff unit, and at a lower salary grade; the service of the displacing incumbent while in the former title must have been satisfactory, and the junior incumbent must have less retention standing than the displacing incumbent. 3. The service of the displacing incumbent in the title to which he/she is retreating need not have been in the same layoff unit as the one from which he /she is displaced. 4. An employee may also displace by retreat to a position in a title he /she had last served in on a permanent basis although he /she had intervening service in other titles. 5. Where a title change has been effected to better describe the duties of a position but the duties have not substantially changed since the suspended employee last served in that title the new title will for retreat purposes be deemed to be the former title. E. Department of Police and Department of Fire When a member of the police force or paid rare department in the City of Buffalo, whose positions in the competitive class are abolished or eliminated, among incumbents holding the same or similar positions seniority shall be in the inverse order of origh al appointment on a permanent basis in the trade or t ine in the department in which such abolishment or elimination of positions occurs. F. .Preferred Mists L Establishment of Preferred Lists The name of a person, whose permanent competitive class position has been abolished or eliminated, will be placed on a preferred list, together with other UNOFFICIAL RULE 2006 employees in the same or similar position whose positions have been abolished or eliminated and to certify such list to rill vacancies as they occur. 2. Eligibility for reinstatement frown referred lists 'referred lasts are in existence for a period of four (4) years from the date of the abolishment or elimination of the position. G. Qr°der of Cert°fic tion from Preferred Lists a) rule of one applies to certifications from preferred lists b) Dames of persons on a preferred Pest shall be certified to fall a vacancy in the following order: i. persons suspended or demoted in the department or agency within which such vacancy occurs; ii. persons suspended or demoted in other departments or agencies iii. no person suspended or demoted prior to the completion of his/her probationary term shall be certified for reinstatement until the exhaustion of the preferred list of all other eligibles thereon. Upon reinstatement, such probationer shall be required to complete his/her probationary term. H. Failure or refusal to Accent Permanent Reinstatement If an employee fails to respond or releases an offer of permanent reinstatement from a preferred eligible list, his/her name will be removed from such list. Thereafter, the employee may request his/her name be restored to the preferred eligible list, provided it is still in existence and if the Commissioner of Human Resources determines that the reason for the previous none - responses are satisfactory. The Commissioner of Human Resources shall enter upon the preferred eligible list the reason(s) for such action -- . red List alary ... _ n ®rr Reinstatement from Prefer,.,,,_ A person reinstated front a preferred list to his/her former position or a similar position in the same grade shall receive at least the same salary such person was receiving at the time his/her position was abolished or eliminatedb UNOFFICIAL RULE 2006 Jo Waiver of Rights An employee who refuses to accept an appointment afforded by displacement for whatever reason waives all rights regarding the displacement. However, the employee's name will be placed on an appropriate preferred list. K. Commitment Au appointing authority may tape such steps as it may deem necessary in order to secure binding written commitments in advance of suspension, demotion or displacement from employees potentially affected by such suspension, demotion or displacement as to their willingness to accept reassignment or displacement. Crass Reference: Section 80 - Civil Service Law Section 8 1 - Civil Service Law Section 85 - Civil Service Law LEONARD A. MATARESE & .fit &:* 'Mt- (i?l _ York Approved Date: UNOFFICIAL RULE 2006 A. Terms and Conditions Leaves of absence granted to employees in the classified service shall be governed by the provisions of law, ordinance, resolution or the collective bargaining agreement relating to leaves of absence without pay as adopted pursuant to law by the governing body having jurisdiction, as provided in Section 82 of the General Municipal Law. Notices of such leaves of absence and approval granted by the appointing authority shall be sent to the Commissioner of Human Resources in writing.. B. Leave of Absence Without Psi A leave of absence without pay may be granted by the appointing authority in conformance with established regulations or policies provided, however, that a permanent employee may not encumber a permanent position by a leave without pay while holding a permanent appointment to another position. C. Leave of Absence during Probation Period Any person who has been granted a leave of absence without pay during his/her probationary term shall be required to complete such probationary term after his/her reinstatement, except as otherwise provided by the Military Law. D. Leave of Absence for Su erviso Police Personnel E. 3 ete °ans' Educational live of Absence A leave of absence without pay, not to emceed four years, shall be granted by an appointing authority to an employee who is a veteran of the Armed Forces of the United States, provided such a leave of absence is for the purpose of taking courses under the educational benefits provided for in 'Title 38, United States Codes, or wader a New York State Board of Regents War Service Scholarship, Education Law, Section 614. An UNOFFICIAL KNEE 2006 employee taping such a leave shall be reinstated to his/her position, provided he/she makes application for such reinstatement within sixty (60) days after the termination of his/her courses of study. rw City of Buffalo, Now York Approved Date: Revocation Date: A. Submission of Pa ro I s Appointing authorities and heads of departments, divisions, offices and city agencies shall furnish the Commissioner of Human Resources at least five days before payment is to be made, with a payroll showing the names of employees to be paid, the title of position held, the rate and compensation to which he /she is entitled and the period for which he /she is to be paid, and shall certify that the employee's named therein are employed solely in the proper duties of the positions and employment as indicated. 2. Such payrolls shall be compared with the official roster of employees in the classified service as maintained in the Department of Haman Resources. After examination, the Commissioner of Human Resources or a designee shall attach thereto or place thereon a certification stating that employees' names contained in said payroll, with exceptions as indicated, have been appointed, employed or promoted pursuant to Civil Service Law and these rules and are members of the appropriate retirement system. Such certification and payroll shall be transferred to the Comptroller or Fiscal Officer for further examination and payment as required by law. 3. Payroll changes shall be submitted to the Commissioner of Human Resources on a prescribed payroll change form before the end of the pay period in which such changes are intended to take place. B. Withholding Certification 1. In the event any person appointed, reinstated, promoted, transferred or other changes in status is in violation of the provisions of Civil Service Law and these rules, the Commissioner of Human Resources shall withhold, upon notification to the Comptroller or Fiscal Officer, certification of such payroll affecting said employee(s). 2. Upon satisfactory evidence of the intention to evade the provisions of the law and these rules in assigning any employee to perform duties other than those for which he /she examined and certified or under any title not appropriate to the duties to be performed, the Commissioner of Human Resources shall refuse certification or terminate a certification previously made and then in force. UNOFFICIAL RULE 2006 C. Commissioner of Hannan Resources The Commissioner of Hagman Resources, at any time, may call upon any appointing authority and/or heads of departments, divisions, offices and city agencies to submit its full payroll for any payment period before such payment for such period is made. The Commissioner of Human Resources shall have the power to notify the Comptroller not to honor a payroll without the Commissioner's or designee's certification. Cross Reference: Section 100 - Civil Service Law 10 2191-MAK—W-110 LEONARD A. MATARESE Commissioner of Human Resources City of Buffalo, Now York Approved Oate. Adopted /Effective Date: Revocation Date: UNOFFICIAL RULE 2006 A. Reports For the purpose of certification of payrolls and to enable the Commissioner of Human Resources to keep the official roster of the classified service as required by law and to properly administer the provisions of civil service law and these rules, each appointing authority small, from time to time and upon the date of the official action in each case, report to the Commissioner of Human Resources as follows: 1. Every appointment or employment whether permanent, probationary, provisional, contingent permanent, temporary or otherwise in the classified service with the name of the appointee or employee, the title, salary and compensation of has /her position and the date of commencement of service. 2. Every failure to accept an appointment Lander him/her by a person on an eligible list or preferred list with copies of the offer or notice of appointment and the reply thereto, if any. 3. Every discharge during or at the end of a probationary term with the date thereof. 4. Every vacancy in a position, for whatever reason, including the date thereof 5. Every position abolished or eliminated, with the date of such abolition or elimination. &. Every change of salary or compensation in a position, with the date of such change. 7. Every promotion, giving positions from which and to which made, with the date and salaries. S_ Every transfer, giving the positions from which and to which made with the date and salaries. 9. Every reinstatement in a position with the date and salary. 10. Every leave of absence with the effective date and duration. 11. Every new position, giving a complete description of duties, responsibilities and other pertinent information. UNOFFICIAL RULE 2006 Approved Date: f a ;# rk d 2r«l -a # +m: Revocation Date: LEONARD ±.y ƒ2±%252 UNOFFICIAL RULE 2006 UNOFFICIAL RULE 200' The Commissioner of Human Resources shall beep in his /her office the official roster of the classified service and shall enter thereon the name of each and every person Who has been appointed to, employed, promoted, or reinstated in any position in such service, upon such evidence as it may require, or deem satisfactory in writing in conformity Avith the provisions of civil service law and these rules. The official roster shall show each employee's name, state of appointment, employment, promotion, leave of absence.or reinstatement and the salary of the position, and any other compensation afforded to the employee, date and commencement of service, date of transfer ire or separation from the service by dismissal, resignation, cancellation of appointment, retirement, or death. LEONARD A. MATESE Commissioner of € uman Resources City of Buffalo, New York Approved Date: A dopted/Effective Date: Re-vocation Date: Approved Date: UNOFFICIAL RULE 2006 LEONARD A. MATARESE Commissioner o ' Human Resources City of Buffalo, New York i 0- MEMORA Di;l "Al1 'l "MI - N'1' 01 I tllVI.AN RESOURCES CIVIL SERNAGF, f1.MMINISTRATION Room 1001 City 11a11 TO 851 -5408 • Fax 851 -5401 Byr«n W. Brow .1 aYor DATE: TO: MUM: : SUBJ: August 17, 2006 C:oraan►on Counc;i I Olivia A.. L...rCatta r, Administrative Director Cont ract for fire Promotional VXams Leonard A..M. atare-Ne, mt1 i(T IM%CM ( "oilI rissioner ! ! ! ! 11111 F ! ! ! ! ! ! ! • • ! ! ■ ■ f 11 III0 ! ! ! ! ! ! ! ! ! H ! 11 ! ! ! . ! ! ! ■ . ■ • ! 1 ! ! ! ! ! i ! ! ! ■ ! ■ ! ! ! ! . ! ! ! ! ! A ! R ! ! ! `1 ! ■ ! ■ ! ! I Attached is a contract with EJ3 JaGobs for preparation and administration of Fire promotional exaraaS for Fire Lieutenant, lire Captaiaa, 1�3�111.�a.lion Chief, Division fire Chiefa Fire Engineer/Da'ivef. The City's use of exantitaations provided by NYS Civil Service lior Dire titles has resulted in the City being sued in lengthy and expensive litigation in several Instances, itacluding two lawsuits challengin the use of New York State exams 1 �r the position of hire l..ieuteraant[_ The Department of Hunan Resources has thus deterrnirlecl, VVIth the advise of counsel, to arse the services of a professio test developer to improve the cluality ol'the exam procedure and to liraait the City's exposure in futrn litigation for these titles. This contract is a result ol`RF1' selection process. R EFE R RED ON FINANCE. I THE CITY O BI/1 FAL0 Ly ,9?y Is01 OPPORTUNITY EMPLOYER AGREEMENT TI HS AGR:I-- ,l °,NII: N'l' is made and entered into this day of June 2006 by and between the CITY OF BUFFALO, NEW YORK, a municipal corporation ( "CITY "), and EB JACOBS, LLC, a corporation with offices located at 300 South Burrowes Street, State College, I'A 1.6801 ("CONTRACTOR"). WITNI SSI?` H W11E1.11?AS, the ('ATY has traditionally used examinations prepared by the New York State Department of ('ivil Service for examining candidates for promotional titles within the BufTalo Eire Department. In 1998 and in 2002, civil lawsuits were brought against the CITY in which the examination for promotion to Fire Lieutenant was alleged to have a discf impact against Afirica.n- AmericMt candidates. Those lawsuits are still pending as of the date of this Contract_ Although tile; CITY denies that the examinations previously used were discriminatory, it has decided to cease using the examinations prepared by the New York State Department of Civil Service for Firefighter promotional titles; and W.11 EREAS, the CITY has determined to entor into a writteta contract with an expert for a two- phased development of examinations for selection procedures to be used to generate the CITY'S Firefighter promotional eligibility lists, and Will EREAS, the CONTRACTOR is well - qualified and experienced nit developing I'll promotional selection procedures, and WHEREAS, the CONTRACTOR shall furnish expert professional services to the CITY, its Law Department, its I�, ire Depart���crrt and to HUNLAN RE"SOURCE,S which are tet7iporary its character and not otherwise available to the CITY and I IUMAN REDS(_ }UR(`FIS, NONNI, TUEREFORF, IT IS MUTUALLY AGREED AS FOLLOWS: I. SERVIC1?S TO BE PERFORMED E3T TIIE CONTRACTOR: The CONTRA( TOR shall per.l"orni the follM activities, set.forth in more detail in Part V below: A_) Develop lawful Firefighter promotional selection procedures to generate, the CITY'S promotional Firefighter eligibility lists for the titles of Division Fire; Chief, .t3attalion Chief, Fire Captain, fire Lieutenant, and Driver /Eri ineer, to include the use of a multiple- choice question component for technical hnowled0;e, In-Basket `I.'est and Assessment (Oral) "lest; 13.) Devciop a candidate preparation guide; C.) 1'rai €i CITY personnea and assist inecrr iting and training outside monitors/assessors to administer all toll l)(nents of the cxal��i I tioitI I).) Shell have present on the day(s) of the examination(s) a representative of the CONTRACTOR to oversee and assist in the administration of said examination(s); F.) Scone the examinations and establish eligibility list(s); -1�- Prepare a validation study that complies with, all legal recluir(" Ir)entS. It. R[ +.("ORUS: (A) The CO I RACT'OR. Will prepare all records as regUired by the Uniform Guidelines on Employee Selection Procedures, 29 C.F.R. 1607, e.LY ( - (B) Any documents provided to the CITY ill written form Will also be jonvided on computer disk. Ill. DURATION O CON'T'RA(.`" .. The tern, of the contract shall extend fron3 the date of this Agreement to , or until the examination is presented for a det.ern,inat.ion obits validity. IV. 7'RAVU L, AND [?XPL NSES: The CONTRACTORS The shall he inclusive of all travel and subsistence expenses associated Wh the development of the test in Buffalo, New York. V. COIN'I'RAC`1'OR'S FEE ANI) N1E14I01) OF PAYMEN`T`: (A) The ('TTY agrees to pay the CONTRACTOR in the arl'ount (it' SM for services performed ruiner this contract. Payment shall be made on tl,e following basis: - 3 I'vo,ject Phase. 1'1•0ject Start -n1) and .loh Analysi Kick -off meelino. timeline development; staters up- dates; task and KSA development, on- site interviews and panel review sessions; mail out surveys; development of reading lists and test flans; . lob analysis activities Will occaar sialIult Meously 1:01' each rank Division Battalion Firc Chief Chief S 6,500 $ 6,500 Candidate Prepaa•ation Gaaide S 4,000 4,000 and Oa aentation Pi - ovide camera-ready elcaronlc COPY of each gari& to be distributed; prepare and deliver multiple oricrilatdon sessIODS over the course of 1 -2 days (.I_lFE;,13C: & Capt. 1 days each, I.,t. and D / [` 2 drys each) ...... __ E { ............ 'Technical Knowledge 'Felt l NIA I NIA Development, Administa•ation Raid S Development of a 100 item l,K Test for each position; on -site review by SME crrltural /gender review and reading level E analysis; prepare, deliver, administer and score all exams, consultation related to E i establishment of cut - scores,; i summary and recornn'iendations Concerning Item appeals written woa k Sample 4112,500 $12,500 Deve Admin. & Sc_oa aaag H re Five Captain Lieutenant -- ................ __. S 7,500 S 7,500 S 4,000 S12,500 N/A S 5,000 Drivel -/ Engineer x,12, 500 S 4,000 x;14,000 `b14,000 NIA N/A Essay-style in basket /work sample for .DFC: & BC, on site ' review by SN1L; prepare, administer and score all tests internal as sessors to score tests - - - -- -4- Protect base Oral Fork Sample Development, Administration �a and a .- -- _ 3 exercises .I:or DFC & I:IC: 2 exercises for Capt. S, I.t.; on - sit.e review by SIVIF, three separate administrations (I for DFC & BC, I for Capt. And I fior I.(); on site administration ror 2.5 days to conduct assessor trmninz; session and first day of administration; production of ti and test rtaaterials; scoring, generate final eligible list and produce candidate score; and feedback re - Responsible for coo€ dirnating assessor acgarisition, logistics and e xpenses Division I Battalion Tire lire Driver/ Fire Claief Captain Lieutenant Engineer Claid _ S 3,500 I $13,5110 $15,000 s15 NIA 750 I -.` 7 S0 [ S 900 S 3,900 ,lob Analysis and final `6 3,000 S 3,000 5 3,000 S 3,000 Validation Report Assumes one(I) job analysis and one (I) final report. for all i positions �....._. - - W....._ ..... _ , ,f) t or7r �ratattonaf IZevr��� s �+ 1,700 S t 500 S 2,500 4, 2 50 Prepare materials for review,' I dray on site per position to conduct set of reviews; assumes 1 , DFC & BC reviews to be ! conducted sinarrltaneously J _._..... Sill) Total Cost by Position 541,750 `li 11,750 s4 woo] ` 50,90f) • Total Cost for all positions: $210,300 • Estimated Travel Expenses: 15,0()(1 • Initial Grand Total: 5225,300 (Note: See next page for additional costs, i.e., Assessors & Monitors Expenses and an Optional Driving /Pumping Test for Driver /Engineer) N/A 3,000 $ 2,500 $31,000 -5- Pi - gject Phase Division Battalion Fire Dire Driver/ Fire Chief Chief Captain Lieutenant Engineer Additional l_ Ypenses: - Assessor expenses - _ $15,000 --- - - - - -- _..... $12,500 555,000 N/A 1[rClyding travel, lo[ig1110 and � (both D(aC t Per die]n and BC Written T est Monitors S 600 -- - - - - -- S 360 `[; 900 $ 900 (both .I) C - -- _. . ----- ....._.._ - - - - - -- and BC) __ _.. - ._ Ora-1 Test Monitors 2,700 � --- - - - - -- .__... 4,500 7,500 - N/A (both DFC and lW) Sub Total Assessors and `n18,300 -- - - - - -- 4x17,360 $63,401 900 Monitors - t Total for Assessors and Monitors: 4+99,960 Optional Driving /Prrnrping Test for Driver /.Engineer position: (a) Custom- Designed Test - $18,000 _ $23,000 • Design and validation of test; monitor and candidate instructions, pilot testing, IIlGU rrbent testing (to set cut -off scores), oversight: of initial. administration. • Note: Cost does not. include obt airlin('/eo)rstrLteting equipllle €tt. OR (b) Ilse of Existing lest - $5,000 to 510,000 I . Selection and validation of cxjsting test, pilot testing, incLrrnbent testing (to set CLIt -00' scores, if none provided), oversi of initial administration. 2. Note: Cost does not ilrcln(le Obtai III ng /COnstructin�; egU iprnent. TOTAL COST IF At) Rill 0NAI_, 1.?X P Il,N SF'S WFRE A1)1).E1) IN: • initial Cost for all hOsitions: $210,300 • Travel Expenses 1.5,000 • Cost for Assessors and Monitors 99,960 • Option B - diiving /prnmpIIig test 10,000 GRAND TOTAL COST: :335,260 / a/1 (B) Total Cast does not include payment for litigation- related services, discussed below. Total Cost does not include the cost of laioltitorslassessors which will be billed separately, at rates to he agreed upon. Total Cost: c €ocs inCILI(le respoIlding to reasomble requests for irrformatior1 daring the MIll of contract. ((. . ) Paymcnis shall he made upon the submission of vouchers by the CONTRAGFOR to the HLIfflan Resources Department as the various services are completed. Payment will he made within 00 d�iys. V1. 1,ITIGA`1'I0N S 11)POIZT: The C ONTRACTOR shall make its representatives available for consultation and presentation of testinlotly as 1'ecluested by the City Law Department and/or outside counsC for the City in conneetion with presetwition of the selection proved €re for validation by the Court. 'T`Ite CONTRACTOR'S participation in these activities will he gilled. separately at the hourly rates set Corth in Appendix A. V11. CATY'S R.1 The CIT'Y'S representatives sltall be the Corporation Counsel, the Commissioner ofFire_ and the COMMISSloner ofI(Ull1a.n Resources. V1.11. A 1 1 L I CA 13 1, F I AN AN 1.) .VO1,1C:Y: In the per601 of dais aOrecment, the CONTRACTOR shall abide b and conform to any and all Liws of the United States, the State of New York the City Charter, Ordinances, Laws and Regulations of the City ofl Uffalo, New York. - 7 - I.X. RELATIONSHIPS: The performance of'tho CON 'h.I�AC- I`OR'S services hereunder shall be in the capacity of an independent contractor and not as an oHkeq agent or employee of the OTY or HUMAN RESOURC IRS_ In this regard_ the CONTRACTOR agrees to hold the (T.CY and HUMAN R1 SC7UIZC S harmless Porn all damages to property or injury to persons arising out of the =acts or omissions ol'the CONTRAC 'OR, or its officers, agents or employees. Ile C TY anWor HUMAN RFS(A IRC ES shall not be responsible Ar any costs or payments oCworker's compensation, unemployment benefit, or social security benefits. X. ASSIGNA ?N`1": The CONTRACTOR shall not assign this agmemem to any person, tire, Partnership or corporation without the written consent of the Ci'1�1', .not shall the agreement be assignable or transferable by any process or Im in court or by judgnIC1 t. execution, receivership, proceedings in insolvency or bankruptcy, either volumary or involumary. Xl. TE R It is mutually understood and agreed that the CITY shall have the eight in its sole discretion to terminate the CONTRACTOR'S services. Payments for only those services completed at the time of termination vJ11 be paid to the CONTRACTOR _S_ XII. CHOICE OF LAW: Any dispute arising in connection with this Agreement shall be determined in accordance with the laws of the State of New York. IN WITNESS WIJEREOF, the parties have set their signatures this Day of 2006. By By Leonard A. Matarese Commissioner Department of Human Resources By e Alisa Lukasiew •z Corporation Counsel (Approved as to Form) Rick R. Jacobs President EB Jacobs, LLC -9- X11. C1101C E, OF LAW: Any dispU.te arising in connection ,with this Agreemem shall be detertnKed in accordance with the lziws of the State of New York_ IN Wl'l'.N[ SS WHEREOF, the parties have set their signmures this Day of fay Leonard A. YlaUtrese. Commission ►er Depailmer►t of Human Resources 2000 fly By Alisa l.mkatsie.wkz Urp ndion Cot ►nsel (Approved as to Fortrl) Rick R. Jacobs president T B Jacolts , LLC -9- Cite of Buffalo Acknowled 01) this _ I day of ... .. ... _ 2000, he�Core me personally appeared Ixonard A, INlataresc, being by me clLaly sworn, did depose and shy that he is the Commissioner of Human resources, iANCh is a party to this Agreement, and that he has read the contents thereof, and signed this Agreentent. Notary Public s City of Buffalo Acluiowledgentent 011 this day ot 2006, b6ore rile personally appeared Aiisa L,>ikasiewiez, being by ine duly sworn, did depose: and say that she is the Corporation Counsel, which is a pa0y to this Agreement, and that she has read the contents thereof, and signed [his Agmement. Notat-y Public E[3 Jacobs, Ll.0 Acknowledgement. Oil this day of 2006, belove me personally appeared Rick R. Jacobs, being by nee duly smgmv did depose and say that he is the P►•esicient of LAI Jacobs, L,LC, which is a Marty to this Agreeme.m, and that lie has read the contents thereof. and signed this Agreement. Notat -y Public _i2_ in'f�)kGl�tlnr' „ I-k }'ti1�Lt)f1�7�': ?;73ir.1:3c- J 10 J D1�,1',�RTi��ih.N "L' OT �LU1�[Afl RVISOURCl',S CI SFjRNAC E, A1)JNIIN1STRATION Room 1004 City 11,111 Byron W. Brown .1figor D AT E: Ail�Usl 25, 2006 TO: COMM011 COLHICII 1FR()iAT: Leonard A matarc, cG Coll)III isSiorIer 00 00 - P b Cf mmissiarer S[11IJ: X Residence. Waiver for 11. "McCarthy Gipson ■ . 0 Y N ®. Y C r Y Y.■ III . i E a[ i r r r r a r a a E E r s r r i r Y r r y a a r r r r r r r w.• 1 ..... i . Y Y w F A. A E E. r r r r a r r R. A ... 3 In Febillary 2006, 11, 1V1- cCarfhy ( son, (`or11n1issioner o1' Police., was granted a residency waiver for till ntontils, vvi3ich "'vas subsequently extended to six rlroiltils. Be advised that Conmilssioncr GlpSOn ijas established resld nce. at 231A It;Ik Te.rill i1ial, BlI falo, N'V 14204, and presented proof o1, sa.trrc_ ME (,L THE CITY OF IRU1°F IS , h.,"0VAL Cll PORTUIVITY EMPLOYER City Clerk's Department BUFFALO September S, 2006 HON. BYRON W. BROWN MAYOR OF BUFFALO 10LI IMI Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 71 PASSED September 5, 2006 Use & Dissemination Agree. Betw. Div. Of Criminal Justice Services & COB Dept. of Hum. Res. Gerald A Chwalinski City Clerk ! E3 k i.l "� �•i�y 35 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 0000 TO: THE COMMON COUNCIL DATE: AUGUST 31, 2006 FROM: DEPARTMENT: HUMAN RESOURCES SUBJECT: (: USE AND DISSEMINATION AGREEMENT BETWEEN THE [: DIVISION OF CRIMINAL JUSTICE [: SERVICES AND THE CITY OF (: BUFFALO DEPARTMENT OF [: HUMAN RESOURCES PRIOR COUNCIL REFERENCE (IF ANY) Ex. Item No. xxx C.C.P.xx /xx/xx TEXT: TYPE SINGLE SPACE BELOW Attached for your Honorable Body's consideration is an updated Use and Dissemination Agreement between the Division of Criminal Justice Services and the City of Buffalo Department of I -luman Resources. In conducting employee background checks, the City of Buffalo Department of Human Resources must access criminal history and wanted and /or missing persons data. Said data may be contained in the DCJS, the National Crime Information Center, as well as in other state repository files available through the Interstate Identification Index. This Agreement sets forth the policies and procedures as well as the terms of use that the City of Buffalo trust adhere to when accessing data contained within the above databases. Please be advised that any fees associated with conducting the required search are paid by the applicant; not the City of Buffalo. I respectfully request that your Honorable Body approve the attached updated Use and Dissemination Agreement. TYPE DEPARTMENT HEAD NAME: Leonard A. Mata TYPE TITLE: Commissioney Huin Resources SIGNATURE OF DEPARTMENT HEAD: e STATE OF NEW YORK DIVISION OF CRIMINAL JUSTICE SERVICES Four Tower Place Albany, New York 122 03 -3764 ht tp ! /Icriminaljustice.state.ny.us July 28, 2006 Commissioner Leonard A. Matarese City of Buffalo Department of Human Resources 65 Niagara Square, Room 1007 City Hall Buffalo, New York 14202 Dear Commissioner Matarese: Enclosed please find two (2) copies of an updated Use and Dissemination Agreement between the Division of Criminal Justice Services (DCJS) and the City of Buffalo, Department of Human Resources (formerly called the Buffalo Municipal Civil Service Commission). Please have the appropriate person sign both copies and return them to my attention. Upon receipt, I will have the Deputy Commissioner sign them and return one of the fully executed documents for retention in your files. Also, once signed, we will proceed with the request for FBI access and will send a new supply of fingerprint cards with the updated information printed on their. Sincerely, i Ja 'es W. Stanco j Chief, Records Man4em Enc. Bureau - An Equal Opportunity/Affirmative Action Agency USE & DISSEMINATION AGREEMIajNT between NEW YORK STATE DIVISION OF CRIMINAL .JUSTICE SERVICES and City of Buffalo, Department of human Resources Pursuant to Executive Law §837(6) and §837(8 -a), the New York State Division of Criminal Justice Services (DCJS) hereby agrees to allow the City of I3uffalo, Department of Human Resources, Buffalo, New York, the ( "User Agency ") access to criminal history and wanted and /or missing persons data as may be contained in DCJS and, if applicable, National Crime Information Center (NCIC) and other state repository files, as available through the Interstate Identification Index (hereinafter referred to as "III'), in accordance with the following terms and conditions: DUTIES OF DCJS Will process authorized criminal history record inquiries, as specified in the Inquiry Specification list (attached hereto and hereinafter referred to as "Appendix A "), by searching its files-and returning related criminal history, wanted and /or hissing persons information, as permitted by New York State law, DCJS administrative regulations, applicable federal statutes and regulations and NCIC and Criminal Justice Information Systems (CJIS) policies and procedures. Will allow User Agency to access criminal history data electronically by allowing on -line searches of its files and, if applicable, NCIC /III files for those criminal justice purposes specified in Appendix A. Will return related criminal history, wanted and /or missingpersons information, as permitted by New York State law, DCJS administrative regulations, applicable federal statutes and regulations and NCIC /CJIS policies and procedures. DCJS will provide such information only to the extent that public funds are made available for that purpose. DUTIES OF USER AGENCY Will collect, receive, use and report, when applicable, all information covered by this Agreement in compliance with all applicable state laws and regulations, and all applicable federal laws, regulations, policies and procedures, and restrict inquiries to only those specified in Appendix A. For employment and /or licensing purposes, the User Agency agrees to retain criminal history record information supplied by DCJS only for the duration of the appointment and /or licensing investigation process. Thereafter, such information must be destroyed in a secure manner so as to preclude unauthorized access /use. For electronic access, the User Agency must have and maintain the necessary comprIter and associated equipment. In addition to the aforementioned laws, regulations, policies and procedures, the User Agency must also comply with the Electronic Access Guidelines attached as Appendix B. Electronic access allows the User Agency to extract criminal history record information from DCJS criminal history files and, if applicable, NCIC /III for inclusion in a separate report, provided such information shall not be compiled by the User Agency into a separate data file for inquiry access or secondary dissemination of any kind. �t� v - The User Agency agrees to protect the security of criminal history record information that is contained in either printed or electronic form. All terminals, printers and other electronic devices which allow access to criminal history record information must be in secure locations within the confines of the User Agency. Access to the locations must be restricted to authorized employees, or visitors - such as vendors - necessary for business purposes. Visitors to computer sites or terminal areas must be accompanied by User Agency staff at all times. The User Agency will familiarize its personnel with, and adhere to, 42 U.S.C. §3789g and the applicable regulations (see, 28 CI�R fart 20; Appendix C) and, when applicable, the NCIC Operating Manual, NCIC /CJIS Security Policy Issuances, and the III Operational and Technical Manual, which are incorporated into this Agreement by reference. The User Agency will also familiarize its personnel with, and ensure adherence to, all physical and personnel security, and other relevant provisions, as specified intheElectronic Access Guidelines in Appendix B. This includes, but is not limited to, provisions concerning the confidentiality of criminal history record information and the physical security of terminals enabled to electronically access the files of DCJS and, if applicable, NCIC /111. Will make records available that support and justify criminal history record inquiries to DCJS and, if applicable, NCIC /111 for the purpose of conducting routine, periodic audits to insure compliance with all applicable laws, regulations, policies and procedures regarding the information furnished by DCJS, and /or NCIC /III pursuant to this Agreement. The User Agency agrees to keep such records as DCJS may require including a log of all non - fingerprint inquiries, whether made by electronic and non - electronic means, to facilitate audits. The lop; will reflect, at a minimum, a record of each inquiry showing the date, time, name of subject, specific reason for the inquiry, file or case number, name of person requesting the inquiry and the terminal operator. In those cases for which an inquiry is made on behalf of another authorized agency, the ORI code of the requesting agency must be recorded. fingerprint -based inquiries need not be logged. NCIC/111 ACCESS Agencies which obtain NCICIIII data directly through DCJS shall: Appoint a Terminal Agency Coordinator (TAC) who will be responsible for ensuring compliance with DCJS and NCIC regulations and policies. The TAC will train and affirm the proficiency of terminal operators who, in addition to accessing the criminal history files of DCJS, access the criminal history record files of NCIC /11I. The TAC will certify that training and testing of each terminal operator has been completed by submitting a certification letter or form to DCJS. The TAC will also maintain a complete, accurate and up -to -date listing of all terminal operators and their user identifications. The head of the User Agency will officially notify DCJS of the appointment of the TAC by submitting a form supplied by DCJS. The User Agency agrees to provide sufficient time during normal business hours for the TAC to perform the duties and responsibilities associated with the position, as explained in the TAC Guidelines (DCJS- EXT2422). -3- Conduct fingerprint -based criminal history record /fugitive file searches in accordance with DCJSINCIC /CJIS criteria upon initial assignment or employment of all personnel who will have access to DCJS/NCIC /Ill criminal history record data, including programmers, technicians and other persons who will be utilized to effectuate access to, or initiate transmission of, DCJS/NCIC 1111 data. If identification has been established by fingerprint comparison and an individual appears to have a record of any kind, the User Agency will be notieJed by receipt of a criminal history record and /or WANTED notice. The User Agency shall not permit access of any kind until the User Agency reviews the matter to decide if access /employment is appropriate. If deemed acceptable, the individual may be granted access and DCJS will be notified in writing of the decision. If a felony conviction of any kind is found, access shall not be granted. Once an individual has been screened and assigned to one of the above positions, the User Agency agrees to review any possible breach of security or criminal activity in the manner outlined above. ACCESS RESTRICTIONS Inquiries for employment and /or licensing purposes via telephone, computer to computer, remote terminal, correspondence or other methods of non - fingerprint inquiry are prohibited. Fingerprints must be submitted for employment and/or licensing purposes. Secondary dissemination of criminal history record information received from DCJS andlor NCIC /III is not permitted for any reason unless specifically authorized by law. Secondary dissemination means the transmission of criminal history record information in any form, printed or otherwise, to another agency or individual. SUBSEQUENT QUERY REQUIREMENT If the UserAgency has a subsequent need for criminal history record information pertainingto an individual for whom a previous inquiry was made, the User Agency must submit a new inquiry to DCJS to ensure that it has the most up -to -date, complete and accurate criminal history record report available for that individual. A previously obtained criminal history record should never be used again in connection with an extension of the original purpose, or in connection with a new and different purpose. It should be retained only so long as is necessary to document the circumstances of the case /investigation at the time of the inquiry. Any criminal history record information electronically extracted and saved in a separate report by the User Agency shall not be used in lieu of submitting a new inquiry to DCJS. _4- SUSPENSION OF SERVICE, CANCELLATION, FINES DCJS may suspend provision of all /part of the service covered by this Agreement to the User Agency for a Known violation of any applicable state or federal law, rule, regulation, policy or procedure. User Agency recognizes that a known violation of 42 U.S.C. §37898 and /or the applicable regulations by the User Agency, or its employees, may subject the User Agency to fines up to $10,000, and may result in suspension of all federal funds. DCJS may resume furnishing any information authorized hereunder when it is satisfied that all violations have been eliminated. Either DCJS or the User Agency may, on 30 days written notice, terminate this Agreement for any reason. INDEMNIFICATION OF DCJS The User Agency, to the extent permitted by State or federal law, agrees to indemnify and save harmless DCJS, its officers and employees, from and against any and all claims, demands, actions, suits and proceedings brought by others arising out of the terms of this Agreement founded upon the negligence or other tortious conduct of the User Agency including but not limited to, any liability for loss or damage by reason of any claim of false imprisonment or false arrest. VALIDATION OF INACTIVE NON - CRIMINAL FINGERPRINTS If DCJS retains the User Agency's non - criminal applicant fingerprints in its files for the purpose of issuing reports to the User Agency upon the subsequent arrest of the subject of the retained fingerprints, the User Agency agrees to provide DCJS, at least once every six months, with: (1). The names and NYSID numbers of individuals whose fingerprints were sent to DCJS for identification processing and retention, but whose applications were not approved for employment or licensure by the User Agency. (2). The names and NYSID numbers of individuals who subsequently left the User Agency's employment or relinquished licensure. -S- EFFECTIVE DATE This Agreement shall supercede any prior Use and Dissemination Agreement between the parties and shall becorne effective when signed by the Corntnissioner ofDCJS, or his or her designee, and the official of the User Agency having authority to bind the User Agency to the terms and conditions enumerated herein. NEW YORK STATE DIVISION OF USER AGENCY CRIMINAL JUSTICE SERVICES IM WA Signature Signature Printed Name: DANIEL M. FORD Printed Narne Title: DEPUTY COMMISSIONER Title: Date: Date: APPROVED AS i FORM ONLY corporation Counsel By C r APPENDIX A AUTHORIZED INQUIRY SPECIFICATION LIST USER AGENCY: City of Buffalo Department of Human Resources DCJS AGENCY CODE 6614OIZ ORL NY014001Y Purpose of Inquiries E nabling Legislation Non - Criminal employee applicant fingerprint inquiries* Civil Service Law §50(4) Remarks- * Processing; fee required pursuant to Executive Law §837(8 -a). APPENDIX R GUIDELINES FOR ELECTRONIC ACCESS TO CRIMINAL HISTORY RECORD INFORMATION Employees who electronically access computer systems and the available information databases are the most important link in system security. Regardless of how well managers plan and document security rules and guidelines, it is the employee who directly accesses a computer system who must adhere to and work with the security rules and guidelines. Each employee with access to a computer system should have a thorough understanding of his/her responsibilities in accessing and disseminating information, recording transactions, and disposing of data printouts. Each employee should have access to written procedures on the subject of data security, including those issued by all State agencies that make information available through DCJS_ If an employee is unsure of any of his/her legal responsibilities in these areas, a supervisor should be contacted immediately for assistance. Operator Identification/Authorization- DCJS maintains a list of individuals who are authorized to access criminal history record information as part of their work duties (Users). Each User is assigned a unique and secret Password which he/she must use at logon to authenticate the User. Once authenticated, a session is established and a User log is automatically maintained by the system to establish a record of who transacted each inquiry. Because the User is responsible for all inquiries made during that session, the terminal should not be left unattended once the User has logged on. The User should not inform anyone else of his/her Password, or use another person's Usercode and Password. Under no circumstances should a list of Users and Passwords be written or posted where anyone may see them, such as near the terminal or in written procedures. Passwords should be changed regularly or whenever the User feels his/her Password has been compromised. Supporting Documentation /Audits: DCJS, as the manager of electronic software services, will conduct routine periodic audits of a User Agency to ensure compliance with relevant State and Federal confidentiality policies, and all applicable State and Federal lavers. Aii audit may also be conducted if there is reason to suspect that a security violation may have been committed or attempted. As part of DCJS auditing requirements, a User Agency will be required to run a monthly utility program which will provide a log of all criminal history record transactions. It will be the responsibility of the User Agency's criminal history Coordinator to review this log and validate the fact that all usage was for official purposes. This log must be provided to the DCJS Audit Unit in the manner and form in which requested. Failure to submit this log to DCJS may result in loss of access privileges. Failure to Adhere to Law and Regulations: DCJS may conduct an audit when a breach of security is suspected or reported. Repeated and/or serious violations may result in suspension of service and the imposition of fines. APPENDIX C PART 20 - CRUdINAL JUSTICE INFORMATION SYSTEIMS Subpart A - General Provisions Sec. 20.1 Purpose. 20.2 Authority. 20.3 Definitions. Subpart B - State and Local criminal History Record Information Systems 20.20 Applicability. 20.21 Preparation and submission of a Criminal History Record Information Plan. 20.22 Certification of Compliance. 20.23 Documentation: Approval by OJARS. 20.24 State laws on privacy and security. 20.25 Penalties. Subpart C - Federal System and Interstate Exchange of Criminal History Record Information 20.30 Applicability. 20.31 Responsibilities. 20.32 Includable offenses. 20.33 Dissemination of criminal history record information. 20.34 Individual's right to access criminal history record information. 2035 National Crime Information Center Advisory Policy Board- 20.36 Participation in the Computerized Criminal History Program. 20.37 Responsibility for accuracy, completeness, currency. 20.38 Sanction for noncompliance. APPENDIX TO PART 20 - COMMENTARY ON SELECT StCTIONS OF THE REGULATIONS ON CRIIv1INAL HISTORY RECORD INFORMATION SYSTEMS. AUTHORITY: 28 U.S. C. 534; Public Law 92 -544, 86 Stat. 1115',42 U.S.G. 3711, et seq.; Public Law 99 -169, 99 Stat. 1002, 1008 -1011, as amended by Public Law 99 -569, 100 Stat. 3190, 3196. SOURCE: Order No. 601-75,40 FR 22114, May 20, 1975, unless otherwise noted. Subpart A - General Provisions SOURCE: 41 FR 11714, Mar. 19, 1976, unless otherwise noted §20.1 Purpose. It is the purpose of these regulations to assure that criminal history record information wherever it appears is collected, stored, and disseminated in a manner to insure the completeness. integrity, accuracy and security of such information and to protect individual privacy. §20.2 Authority. These regulations are issued pursuant to sections 501 and 524(b) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by the Crime Control Act of 1973, Public Law 93 -83, 87 Stat. 197, 42 U.S.C. 3701, ei seq. (Act), 28 U.S.C. 534, and Public Law 92 -544, 86 Stat. 1115. §20.3 Definitions. As used in these regulations: (a) Criminal history record information system means a system including the equipment, facilities, procedures, agreements, and organizations thereof, for the collection, proc=mg, preservation or dissemination of cririnal history record information. (b) Criminal history record information means informations collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. The term does not include identification information such as fingerprint records to the extent that such information does not indicate involvement of the individual in the criminal justice system_ State and Federal Inspector General offices are included. 49 (c) Criminai justice agency means: (1) Courts; (2) a government agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. (d) The administration of criminal justice means performance of any of the fallowing activities: Detection, apprehension, detention, pretrial release, post -trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice shall include criminal identification activities and the collection, storage, and dissemination of criminal history record information. State and Federal Inspector General offices are included (e) Disposition means information disclosing that criminal proceedings have been concluded• including information disclosing that the police have elected not to refer a matter to a prosecutor or that a prosecutor has elected not to commence criminal proceedings and also disclosing the nature of the termination in the proceedings; or information disclosing that proceedings have been indefinitely postponed and also disclosing the reason for such postponement. Dispositions shall include, but not be limited to, acquittal, acquittal by reason of insanity, acquittal by reason of mental incompetence, case continued without finding, charge dismissed, charge di missed due to insanity, charge dismissed due to mental incompetency, charge still pending due to insanity, charge still pending due to mental incompetence, guilty plea, nolle prosequi, no paper, nolo coittendere plea, convicted, youthful offender determination, deceased, deferred disposition, dismissed -ciril action, found insane, found mentally incompetent, pardoned, probation before conviction, sentence commuted, adJudreatron withheld, mistrial - defendant discharged, executive clemency, placed on probation, paroled, or released from correctional supervision. (f) Statute means an Act of Congress or State legislature of a provision of the Constitution of the United States or of a State. (g) State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. Ot An execudw order means an order of the President of the United States or the Chief Executive of a State which has the force of law and which is published in a manner permitting regular public access thereto. (i) Act means the Omnibus Crime Control and Safe Streets Act, 42 U.S.C. 3701, et seq., as amended. (j) Department of Justice criminal history record information system means the identification Division and the Computerized Criminal History File systems operated by the Federal Bureau of Investigation. (k) Nonconviction data means arrest information without disposition if an interval of one year has elapsed from the date of arrest and no active prosecution of the charge is pending; or information disclosing that the police have elected not to refer a matter to a prosecutor, or that a prosecutor has elected not to commence criminal proceedings, or that proceedings have been indefinitely postponed, as ,,yell as all acquittals and all dismissals. (1) Direct access means having the authority to access the criminal history record data base, whether by manual or automated methods. (41 FR 11714, Mar. 19, 1976, as amended at 45 FR 40114, June 13, 1980; Order No. 960 -81, 46 FR 5237, Oct 27, 1981 j Subpart B -State and Local Criminal History Record Information Systems SOURCE: 41 FR 11715, Mar. 19, 1976, unless otherwise noted. §20.20 Applicability. (a) The regulations in this subpart apply to all State and local agencies and individuals collecting, storing, or disseminating criminal history record information prcx:--ssed by manual or automated operations where such collection, storage, or dissemination has been funded in whole or in part with funds made available by the Law Enforcement Assistance Administration subsequent to July 1, 1973, pursuant to Title I of the Act Use of information obtained from the FBI Identification Division or the FBi/NCIC sys €em shall also be subject to limitations contained in Subpart C. (b) The regulations in this subpart shall not apply to c-iiminal. history record information contained in: (1) Poste s, announcements, or lists for identd ing or apprehending fugitives or wanted persons, (2) Original records of entry such as police blotters maintained by criminal justice agencies, compiled chronologically and required by law or long standing custom to be made public, if such records are organized on a chronological ba3is; (3) Court records of public judicial proceedings; (4) Published court or administrative opinions or- public judicial, administrative or legislative proceedings; (5) Records of traffic offenses maintained by State departulents. of transportation, motor vehicles or the equivalent thereof for the purpose of regulating the issuance, suspension, revocation, or renewal of drivers, pilot's or other operators' licenses; (6) Announcements of executive clemency. (c) Nothing in these regulations prevents a criminal justice agency from disclosing to the public criminal history record information related to the offense for which an individual is currently within the cr€rninal justice system. Nor is a criminal justice agency prohibited from confirming p rior criminal history record information to members of the news media or any other person, upon specific inquiry as to whether a named individual was arrested, detained, indicted, or whether an ? information or other formal charge was filed, on a specified date, if the arrest record information or criminal record information disclosed is based on data excluded by paragraph (b) of this section. The regulations do not prohibit the dissemination of criminal history record information for purposes of international travel, such as issuing visas and granting of citizenship. §20.21 Preparation and aubmiaalon of a Criminal history Record Information Ilan. A plan shall be submitted to OJARS by each State on March 16, 1976, to set forth all operational procedures, except those portions relating to dissemination and security. A supplemental plan covering these portions shall be submitted no later than 90 days after promulgation of these amended regulations. The plan shall set forth operational procedures to--- (a) Completeness and accuracy. Insure that criminal history record information is complete and accurate. (1) Complete records should be maintained at a central State repository. To be complete, a record maintained at a central State repository which contains information that an individual has been arrested, and which is available for dissernination, must contain information of any dispositions occurring within the State within 1 58) days after the disposition has occurred_ The above shall apply to all arrests occurring subsequent to the effective date of these regulations. Procedures shall be established for criminal justice agencies to query the central repository prior to dissemination of any criminal history record information unless it can be assured that the most up-to -date disposition data is being used. Inquiries of a central State repository shall be made prior to any dissemination except in those cases where time is of the essence and the repository is technically incapable of responding within the necessary time period (2) To be accurate means that no record containing criminal history record information shall contain erroceous information. To accomplish this end, criminal justice agencies shall institute a process of data collection, entry, storage, and systematic audit that will minimiz the possibility of recording and storing inaccurate information and upon Ending inaccurate information of a material nature, shall notify all criminal justice agencies known to have received such information. N Limitations on dissemination. Insure that dissemination of nonconviction data has been limited, whether directly or through any intermediary only to: (1) Criminal justice agencies, for purposes of the administration of criminal justice and criminal justice agency employment; (2) Individuals and agencies for any purpose authorized by statute, ordinance, executive order, or court rule, decision, or order, as construed by appropriate State or local officials or agencies; (3) Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement. The agreement shall specifically authorize access to data, limit the use of data to purposes for %Nhich given, insure the security and confidentiality of the data consistent itiith these regulations, and provide sanctions for violation thereof; (4) Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency. The agreement shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, insure the confidentiality and security of the data consistent with these regulations and with section 524(a) of the Act and any regulations implementing section 524(a), and provide sanctions for the violation thereof. These dissemination limitations do not apply to conviction data. (c) General policies on use and dissemination. (1) Use of crimina history record information disseminated to noncriminal justice agencies shall be limited to the purpose for which it was given. (2) No agency or individual shall confirm the existence or nonexistence of criminal history record information to any person or agency that would not be eligible to receive the information itself. (3) Subsection (b) does riot mandate dissemination of criminal history record information to any agency or inndi States and local governments will determine the purposes for which dissemination of criminal history record information is authorized by State law, executive order, local ordinance, court rule, decision or order. (d) Juvenile records. Insure that dissemination of records concerning proceedings relating to the adjudication of a juvenile as delinquent or in need of supervision (or the equivalent) to noncriminal justice agencies is prohibited, unless a statute. court order, rule or court decision specifically authorizes dissemination of juvenile records, except to the same eMen€ as criminal history records may be disseminated as provided un paragraph (b) (3) and (4) of this section. (e) Audir. Insure that annual audits of a representative sample of State and local criminal justice agencies chosen on a random basis shall be conducted by the State to verify adherence to these regulations and that appropriate records shall be retained to facilitate such audits. Such records shall include, but are not limited to, the names of all persons or age: ties to whom information is dissemninated and the date upon which such information is disseminated. The reporting of a criminal justice transaction to a State, local or Federal repository is not a dissemination of information. (f) Security. Wherever criminal history record information is collected, stored, or disseminated, each State shall insure that the following requirements are satisfied by security standards established by State legislation, or in the absence of such legislation_ by regulations approved or issued by the Governor of the State. (1) Where computerized data procxssing is employed, effective and technologically advanced software and hardware designs are instituted to prevent unauthorized access to such information. (2) Access to criminal history record information sysiern facilities, systems operating environments, data file contents whether while in use or when stored in a media library, and system documentation is restricted to authorized organizarions and personnel. (3)(i) Computer operations. whether dedicated or shared, which support criminal justice information systems. operate in accordance with procedures developers or approved by the participating criminal justice agencies that assure that: (a) Criminal history record information is stored by the computer to such manner that it cannot be modified, destroyed, accessed, changed, purged, or overlaid in any fashion by non - criminal justice terminals. (b) Operation programs are used that will prohibit inquiry, record updates, or destruction of records, from any terminal other than crirraol justice system terminals which are so dcsignated. (c) The destruction of records is limited to designated terminals under the direct control of the criminal justice agency responsible for creating or storing the criminal history record information. (d) Operational Programs are used to detect and store for the output of designated criminal justice agency emplo }sees all unauthorized attempts to penetrate any criminal history record information system, program or file. (e) The programs specified in paragraphs (f)(3)(i) (b) and (d) of this section are known only to criminal justice agency employees responsible far criminal history record information system control or individuals and agencies pursuant to a specific agreement with the criminal justice agency to provide such programs and the program(s) are kept continuously under maximum security conditions. (f) Procedures are instituted to assure that an individual or agency authorized direct access is responsible for (1) the physical security of criminal history record information under its control or in its custody and (2) the protection of such information from unauthorized access, disclosure or dissemination. (g) Procedures are instituted to protect any central repository of criminal history record information from unauthorized access, theft, sabotage, fire, flood, wmrd., or other natural or man -made disasters. (ii) A criminal justice agency shall have the right to audit, monitor and inspect procedures established above. (4) The criminal justice agencv «ill: (i) Screen and have the right to reject for employment, based on good cause, all personnel to be authorized to have direct access to criminal historti record information. (ii) Have the right to initiate or cause to be initiated administrative action leading to the transfer or removal of personnel authorized to have direct access to such information where such personnel violate the provisions of these regulations or other security requirements established for the collection, storage, or dissemination of criminal history record information. (iii) Institute procedures. where computer processing is not utilized, to assure that an individual or agency authorized direct access is responsible for (a) the physical security of criminal history record information under its control or in its custody and (b) the protection of such information from unauthorized access, disclosure, or dissemination. (iv) Institute procedures, where computer processing is not utilized, to protect any central repository of criminal history record information from unauthorized access, theft, sabotage, fire, flood, wind, or other natural or man -made disasters. (v) Provide that direct access to criminal history record information shall be available only to authorized officsrs or employees of a criminal justice agency and, as necessary, other authorized personnel essential to the proper operation of the criminal history record information system. (5) Each employee working with or having access to criminal history record information shall be made familiar with the substance and intent of these regulations. (g) Access and review. Insure the individual's right to access and review of criminal history information for purposes of accuracy and completeness by instituting procedures so that - (1) Any individual shall, upon satisfactory verification of his identity, be entitled to review without undue burden to either the criminal justice agency or the individual, any criminal history record information maintained about the individual and obtain a copy thereof when necessary for the purpose of challenge or correction; (2) Administrative review and necessary correction of any claim by the individual to whom the information relates that the information is inaccurate or incomplete is provided; (3) The State shall establish and implement procedures for administrative appeal where a criminal justice agency reuses to correct challenged information to the satisfaction of the individual to whom the information relates; (4) Upon request, an individual whose record has been corrected shall be given the names of all non- crimival justice agencies to whom the data has been given; (5) The correcting agency shall notify all criminal jusnc° recipients of corrected information; and (6) The individual right to access and review of cri� history record information shall not extend to data conramed in intelligence, investigatory, or other related files and shall not be construed to include any other information than that defined by §20.3(b). [41 FR 11715, Mar. 19, 1976, as amended at 42 FR 61595, Dec. 6, 19771 §20.22 Certification of Compliance (a) Each State to which these regulations are applicable shall with the submission of its plan provide a certification that to the max extent feasible action has been taken to comply with the procedures set forth in the plan. Ma�irmirm extent feasible, in this subsection, means actions which can be taken to comply with the procedures set forth in the plan that ::a not require additional legislative authority or involve unreasonable cost or do not exceed existing technical ability (b) The certification shall include- (1) An outline of the action which has been instituted At a minimum, the requirements of access and review tmder r §20.21(g) must be completely operational; attempts to obtain such authority that has been instituted to ` (2) A description of any legislation or executive order, or comply with these regulations; (3) A description of the steps taken to overcome any fiscal, technical, and administrative barriers to the development of complete and accurate criminal history record information; (4) A description of existing system capability and steps being taken to upgrade such capability to meet the requirements of these regulations; and (5).A listing setting forth categories of non - criminal justice dissemination. See §20.21(b). §20.23 Documentation: Approval by WARS. Within 90 days of the receipt of the plan. OJARS shall approve or disapprove the adequacy of the provisions of the plan and certifzcauon. Evaluation of the plan by OJARS will be based upon whether the procedures set forth will accomplish the required objectives. The evaluation of the certifications) will be based upon whether a good faith effort has been shown to initiate and/or further compliance with the plan and regulations. All procedures in the approved plan must be fully operational and implemented by March 1, 1978. A final certification shall be submitted in March 1, 1978. Where a State finds it is unable to provide final certification that all required procedures as set forth in §20.21 will be operational by March 1, 1978, a further extension of the deadline will be granted by WARS upon a showing that the State has made a good faith effort to implement these regulations to the maximum extent feasible. Documentation justifiing the request for the extension including a proposed timetable for full compliance must be submitted to OJARS by March 1, 1978. Where a State submits a request for an extension, the implementation date will be extended an additional 90 days while OJARS reviews the documentation for approval or disapproval. To be approved, such revised schedule must be consistent with the timetable and procedures set out below: (a) July 31, 1978- Submission of certificate of compliance with: (1) Individual access, challenge, and review requirements; (2) Administrative security, (3) Physical security to the maximum extent feasible. (b) Thirty days after the end of a State's next legislative session- Submission to OJARS of a description of State policy on dissemination of criminal history record information. (c) Six months after the end of a State's legislative session - Submission to OJARS of a brief and concise description of standards and operating procedures to be followed by all criminal justice agencies covered by OJARS regulations in complying with the State policy on dissernmauon. (d) Eighteen months after the end of a State's legislative session- Submission to OJARS of a certificate attesting to the conduct of an audit of the State central repository and of a random number of other criminal justice agencies in compliance with OJARS regulations_ [41 FR 11715, Mar. 19, 1976, as amended at 42 FR 61396, Dec. 6, 1977] §20.24 State laws on privacy and security. Where a State originating criminal history record information provides for sealing or purging thereof, nothing in these regulations shall be construed to prevent any other State receiving such information, upon notification, from complying with the originating State's sealing or purging requirements. §20.25 Penalties. Any agency or individual violating Subpart B of these regulations shall be subject to a fine not to exceed S10,a40. In addition, OJARS may initiate fund cut -off procedures against recipients of OJARS assistance. Subpart C - Federal System and Intestate l:zcha.nge of Criminal History Record Information. §20.30 Applicability. The provisions of this subpart of the regulations apply to any Department of Justice criminal History record inforii)26on system that serves criminal justice agencies in two or more states and to Federal, state and local criminal justice agencies to the extent that they utilize the services of Department of Justice criminal history record information systems. These regulations are applicable to both manual and automated systems. §20.31 Responsibilities. (a) The Federal Bureau of Investigation (FBI) shall operate the National Crime Information Center QXIC), the computerized information system which includes telecommunications lines and any message switching facilities which are authorized by law or regulation to link local, state and Federal criminal justice agencies for the purpose of exchanging NCIC- related information Such information includes infomaation in the Computerized Criminal History (CCH) File, a cooperative Federal -State program for the interstate exchange of criminal history record information. CCH shall provide a central repository and index of criminal history record information for the purpose of facilitating the interstate exchange of such information among criminal justice agencies. (b) The FBI shall operate the Identification Division to perform identification and criminal history record information functions for Federal., state and local criminal justice agencies, and for noncriminal justice agencies and other entities where authorized by Federal statute, state statute pursuant to Public Law 92 -544 (86 Stat. 1115), Presidential executive order, or regulation of the Attorney General of the United States. (c) The FBI Identification Division shall maintain the master fingerprint files on all offenders included in the NCIGCCH File for the purposes of det erminin g first offender status and to identify those offenders who are unknowtr in states where they become criminally active but known in other states through prior criminal history records_ §20.32 Includable offenses. (a) Criminal history record information maintained in any Department of Justice criminal history record information system shall include serious and/or significant adult and juvenile offenses. (b) Excluded from such a system are arrests and court actions limited only to nonserious charges, e.g.. drunlrenness, vagrancy, disturbing the peace, curfew violation, loitering, false fare alarm, non - specific charges of suspicion or investigation, traffic violations (except data will be included on arrests for manslaughter, driving under the influence of drugs or liquor, and hit and run). (c) The exclusions enumerated above shall not apply to Federal manual criminal history record information collected, maintained and compiled by the FBI prior to the effective date of these Regulations. [Order No. 601 -75, 40 FR 22114, ivfav 20, 1975, as amended by Order No. 1601 -92, 57 FR 31318, July 15, 1992] §20.33 Dissemination of criminal history record information. (a) Criminal history record information contained in any Department of Justice criminal history record information system will be made available: (1) To criminal justice agencies for criminal justice purposes; and (2) To Federal agencies authorized to receive it pursuant to Federal statute or Executive order. (3) Pursuant to Public Law 92 -544 (86 Stat. 1115) for use in connection with licensing or local/state emVioyment or for other uses only if such dissemination is authorized by Federal or state statutes and approved by the Attorney General of the United States. Refer to §50.12 of this chapter for dissemination guidelines relating to requests processed raider this paragraph. (4) For issuance of press releases and publicity designed to effect the apprehension of wanted persons in connection with serious or significant offenses. (b) The exchange of criminal history record information authorized by paragraph (a) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies. (c) Nothing in these regulations prevents a criminal justice agency from disclosing to the public factual information cor=ning the status of an investisation, the apprehension, arrest, release, or prosecution of an individual, the adjudication of charges, or the correctional status of an individual, which is reasonably contemporaneous with the event to which the information relates. [Order No. 601 -75, 40 FR 22114, May 20, 1975, as amended by Order No. 1438 -90, 55 FR 32075, Aug. 7, 1990) §20.34 Individual's right to aeceas criminal history record information. (a) Any individual, upon request, upon satisfactory verification of his identity by fingerprint compaa isen and upon payment of any required processing fee, may review criminal history record information maintained acot't him m a Department of Justice criminal history record information system. (b) If, after reviewing his identincation record, the subject thereof believes that it is incorrect or incomplete in any respect and wishes changes, corrections or updating of the alleged deficiency, he should make application Wily to the agency which contributed the questioned information. The subject of a record may also direct his challenge as to the accuracy or completeness of any enay on his record to the Assistant Director of the FBI ldentifncation Division, Washington, DC 20537. The FBI will then forward the challenge to the agency which submitted the data requesting that agency to verify or correct the challenged entry_ , if the contributing agency corrects the record, it shall promptly notify the FBI and, upon receipt of such a notification, the FBI will make any changes necessary in accordance with the correction supplied by the contributor of the original information. [Order No. 601 -75, 40 FR 22114, May 20, 1975, as amended by Order No_ 805-78.43 FR 50173, Oct. 27, 19781 §20.35 National Crime Information Center Advisory Polio Board. There is established an NCIC Advisory Policy Board whose purpose is to recommend to the Director, FBI, general policies with respect to the philosophy, concept and operational principles of NCIC, particularly its relationships with local and state systems relating to the collection processing, storage, dissemination and use of criminal history record information contained in the CCH File. (axI) The Board shall be composed of twenty-six members, twenty of whom are elected by the NCIC users from across the entire United States and six who are appointed by the Director of the FBI. The six appointed serve members, two each i from the j the corrections and the prosecu in tive sectors of the crinunal justice comtrnity, period of time. The twenty elected members shall serve for a term of two years commencing on January 5th of each odd numbered year. ' the state and local levels and shall (2) The Board shall be representative of the entire cr ustice community include representation from law enforcement, the courts and corrections segments of this community. (b) The Board shall review and consider rules, regulations and procedures for the operation of the NCIC. (e) The Board shall consider operational needs of criminal justice agencies in light of public policies, and local, state and Federal statues and these regulations. basis, security and privacy aspects of the NCIC system and (d) The Board shall review and consider, on a continuing shall, as needed, appoint ad hoc subcommittees to pro - vide information and recommendations to the Board concerning security and privacy of the NCIC system. (e) The Board shall recommend standards for participation by criminal justice agencies in the NCIC system. (f) The Board shall report directly to the Director of the FBI or his designated appointee. (g) The Board shall operate within the purview of the Federal Advisory Committee Act, Public Law 92 -163, 86 Stat. 770. (h) The Director, FBI, shall not adopt recornmendations of the Board which would be in violation of these regulations. (28 U.S.G. 509, 510, 534;5 U.S.C. 30 1) [Order No_ 601 -75, 40 FR 2211, May 20, 1975, as amended by Order No. 819 -79, 44 FR 12031, Mar_ 5, 1979] §20.36 Participation in the Computerized Criminal History Program. (a) For the purpose of acquiring and retaining direct access to CCH File each criminal justice agency shall execute a sign agreement with the Director, FBI, to abide by all present rules, policies and procedures of the NCIC, as r well as any rules, policies and procedures hereinafter approved by the NCIC Advisory Police Board and adopted by the NCIC. (b) Entry of criminal history record information into the CCH File will be accepted only from an authorizers state or Federal criminal justice control terminal. Terminal devices in other authorized criminal justice agencies will be Iiiuin to inquiries. §20.37 Responsibility for accuracy, completeness, currency. It shall be the responsibility of each criminal justice agency contributing data to any Department of Justice criminal history record information system to assure that information on individuals is kept complete, accurate and current so that all such records shall contain to the maximum extent feasible dispositions for all arrest data included therein Dispositions should be submitted by criminal justice agencies within 120 days after the disposition has occurred §20.38 Sanction for noncomphance- The services of Department of Justice criminal history record information systems are subject to cancellauon in regard to any agency or entity which fails to comply with the provisions of subpart C. APPENDIX TO PART 20 - CoiyuviEN - FARY ON SELECTED SECTIONS OF THE REGULATIONS ON CRIMINAL HISTORY RECORD f1\11`0134MATION SYSTEMS Subpart A- §20.3(b). The definition of criminal history record information is intended to incline the basic offender -based transaction statistics/computerized criminal history (OBTS /CCH) data elements. If'notations of an arrest, disposition, or other formal criminal justice transactions occur in records other than the traditional "rap sheet" such as arrest reports, any criminal history record information contained in such reports comes under the definition of this subsection. The definition, however, does not et to other information contained in criminal justice agency reports. Intelligence or investigative information (e.g., suspected cruninal activity, associates, hangouts, financial information, oivnersii p of property and vehicles) is not inciuded in the definition of criminal history information. §20.3(c). The definitions of criminal justice agency and administration of criminal justice of §20.3(c) must be considered together. Included as criminal justice agencies would be traditional police, courts, and corrections agencies as well as subunits of non-criminal justice agencies performing a function of the administration of criminal justice pursuant to Federal or State statute or executive order. The above subunits of non - criminal justice agencies would include for example, the Office of Investigation of the U.S. Department of Agriculture which has as its principal function the collection of evidence for criminal prosecutions of fraud. Also included under the definition of criminal justice agency are umbrella -type administrative agencies supplying criminal history information services such as New York's Division of Criminal Justice Ser and 20.21 I therefore V, §20,3(e), Disposition is a key concept in section 524(b) of the Act and in §2021(a) (1 ) § (b) IL therefore defined in some detail. The speck dispositions listed in this subsection are examples only and are not to be construed as excluding other unspecified transactions concluding criminal proceedings within a particular agency. §20'3(k). The different hinds of acquittals and dismissals as delineated in §20.3(e) are all considered examples of nonconviction data. Subpart B- §20.20(x). These regulations apply to criminal justice agencies receiving funds under the Omnibus Crime Control and Safe Streets Act for manual or automated systems subsequent to July 1, 1973. In the hearings on the regulations, a number of those testifying challenged LEAA's authority to promulgate regulations for manual systems by contending that section 524(b) of the Act governs criminal history information contained in automated systems. The intent of section 524(b), however, would be subverted by only regulating automated systems. Any agency that wished to circumvent the regulations would be able to create duplicate manual files for purposes contrary to the letter and spirit Of the regulations. Regulation of manual systems, therefore, is authorized by section 524(b) when coupled with section 501 of the Act which authorizes the Administration to establish rules and regulations "necessary to the exercise of its functions***.* The Act clearly applies to all criminal history record information collected, stored, or disseminated with LEAA support subsequent to July 1. 1973. Limitations as contained in Subpart C also apply to information obtained from the FBI Identification Division or the FBI/NCIC System. §2020 (b) and (c). Sk--dcn 20.20 (b) and (c) exempts from regulations certain Rees of records %ital to the apprehension of fugitives, freedom of the press, and the public's right to know. Court records of public judicial proceedings are also exempt from the provisions of the regulations. Section 20.20(b)(2) attempts to deal with the problem of computerized police blotters. In some Iocal jurisdictions, it is apparently possible for private individuals and/or newsmen upon submission of a specific name to obtain through a computer search of the blotter a history of a person's arrests. Such files create a partial criminal history data bank potentially damaging to individual privacy, especially since they do not contain final dispositions. By requiring that such records be accessed solely on a chronological basis, the regulations limit inquiries to specific time periods and discourage general fishing expeditions into a person's private Iife. Subsection 20.20(c) recognizes that announcements of ongoing developments in the criminal justice process should not be precluded from public disclosure. Thus, announcements of arrest, convictions, new developments in the course of an investigation may be made_ It is also permissible for a criminal justice agency to confia n certain matters of public record information upon specific inquiry. Thus, if a question is raised: `Was X arrested by your agency on January 3, 1975" and this can be confirmed or denied by looking at one of the records enumerated in subsection (b) above, then the criminal j ustice agency may respond to the inquiry. Conviction data as stated in §20.21(b) maybe disseminated without limitation. §2021. The regulations deliberately refrain from specifying who within a State should be responsible for preparing the plan. This specific determination should be made by the Governor. The State has 90 days from the publication of these revised regulations to submit the portion of the plan covering § §20.21(b) and 20.21(/). §2021(a)(1). Section 524(b) of the Act requires that LEAH insure criminal history information be current and that, to the maximum extent feasible, it contain disposition as well as current data. It is, however, economically and administratively impractical to maintain complete criminal histories at the local level. Arrangements for local police departments to keep track of dispositions by agencies outside of the local jurisdictions generally do not exist. It would, moreover, be bad public policy to encourage such arrangements since it would result in an expensive duplication of files. The alternatives to locally kept criminal histories are records maintained by a central State repository. A central State repository is a State agency ha the function pursuant to a statute or executive order of maintaining comprehensive statewide criminal history record information files. Ultimately, through automatic data processing the State level will have the capability to handle all requests for in -State criminal history information. Section 20.20(a)(1) is trritten with a centralized State criminal history repository in mind. T'ne first sentence of the n� subsection states that complete records should be rctai at a central State repository. The word 'should" is permissive', it suggests but does not mandate a central State re The regulations do require that States establish procedures for State and local criminal justice agencies to query central State repositories wherever they exist. Such procedures are intended to unsure that the most current criminal justice information is used. As a minimum, criminal justice agencies subject to these regulations must make inquiries of central State repositories whenever the repository is capable of meeting the user's request within a reasonable time. Presently, comprehensive records of an individual's transactions within a State are maintained in manual files at the State level, if at all. It is probably unrealistic to expect manual systems to be able immediately to meet many rapid - access needs of police and prosecutors. On the other hand, queries of the State central repository for most non- criminal justice purposes probably can and should be made prior to dissemination of criminal history record information. §2021(b). The limitations on dissemination in this subsection are essential to fulfill the mandate of section 524(b) of the Act which requires the Administration to assure that the "privacy of all information is adequately provided for and that information shall only be used for law enforcement and criminal justice and other lawful purposes." The categories for f dissemination established in this section reflect suggestions by hearing witnesses and respondents submitting written commentary. mination is concerned. 1 The regulations distinguish between conviction and nonconviction information insofar as disse Conviction information is currently made available without limitation in many jurisdictions. Under these regulations, conviction data and pending charges could continue to be disseminated routinely. No statute, ordinance, executive order, or court rile is necessary in order to authorize dissemination of conviction data. However, nothing in the regulations shall be construed to negate a State law lirniting such dissemination. After December 31, 1977, dissemination of nonconvietion data would be allpwed, if authorized by a statute, ordinance, executive order, or court rule, decision, or order. The December 31, 1977, deadline allows the States time to review and determine the kinds of dissemination for non-criminal justice purposes to be authorized. When a State enacts comprehensive legislation in this area, such legislation will govern dissemination by local jurisdictions within the State. It is possible for a public record law which has been construed by the State to authorize access to the public of all State records, including criminal history record information, to be considered as statutory authority under this subsection. Federal legislation and executive orders can also authorize dissemination and would be relevant authority, For example, Civil Service suitability investigations are conducted under Executive Order 10450. This is the authority for most investigations conducted by the Commission_ Section 3(a) of 10450 prescribes the minimum scope of investigation and requires a check of FBI frnge.print files and written inquiries to appropriate law enforcement agencies. §20.21 (b)(3). This subsection would permit private agencies such as the Vera Institute to receive criminal histories where they perform a necessary administration of justice function such as pretrial release. Private consulting firms which commonly assist criminal juscicc agencies in information systems development would also be included here. §2011(b)(4). Under this subsection, any good faith researchers including private individuals would be permitted to use criminal history record information for research purposes. As with the agencies designated in §20.21(b)(3) researchers would be bound by an am with the.disseminating criminal justice agency and would, of course, be subject to the sanctions of the Act. The drafters of the regulations expressly rejected a suggestion which would have limited access for research purposes to certified research oram izations. Specifically "certification" criteria would have been extremely difficult to draft and would have inevitably led to unnecessary restrictions on legitimate research. Section 524(a) of the Act which forms part of the requirements of this section states: "Except as provided by Federal law other than this title, no officer or employee of the Federal Government, nor any recipient of assistance under the provisions of this title shall use or reveal any research or statistical information famished under this title by any person and identifiable to any specific private person for any purpose other than the purpose for which it was obtained in accordance with this title. Copies of such information shall be immune from legal process, and shall not, without the consent of the person flitnishing such information, be admitted as evidence or used for any purpose in any action suit, or other judicial or administrative proceedings." LEAA anticipates issuing regulations, pursuant to Section 524(a) as soon as possible. §20.21(c)(2). Presently some employers are circumventing State and local dissemination restrictions by requesting applicants to obtain an official certification of no criminal record. An employer's request under the above circumstances gives the applicant the unenviable choice of invasion of his privacy or loss of possible job opportunities. Under this subsection routine certifications of no record would no longer be permitted. In extraordinary circumstances, however, an individual could obtain a court order permitting such a certification. §20.21(c)(3). The language of this subsection leaves to the States the question of who among the agencies and individuals listed in §20.21{6) shall actually receive criminal records. Under these regulations a State could place a total ban on dissemination if it so wished. The State could, on the other hand, enact laws authorizing any member of the private sector to have access to non - conviction data. §2021(d). Non - criminal justice agencies will not be able to receive records of juveniles unless the language of a statute or court order, rile, or court decision specifies that juvenile records shall be available for dissemination. Perhaps the most controversial part of this subsection is that it denies access to records of juveniles by Federal agencies conducting background investigations for eligibility to classified information under existing legal authority. §20.21(e). Since it would be too costly to audit each criminal justice agency in most States (Wisconsin for example, has 1075 criminal justice agencies) random audits of a `representative sample" of agencies are the next best alternative. The term "representative sample" is used to insure that audits do not simply focus on certain types aT" "agencies. Altliougii this subsection requires that there be records kept with the names of all persons or agencies to whom information is disseminated, criminal justice agencies are not required to maintain dissemination logs for "no record" responses. §20.21(f). Requirements are set forth which the States must meet in order to assure that criminal history record information is adequately protected Automated systems may operate in shared environments and the regulations require certain minimum assurances. §20.21(g)(1), A 'challenge' under this section is an oral or wntten contention by an individual that his record is inaccurate or incomplete; it would require him to give a correct version of his record and explain why he believes his version to be correct While an individual should have access to his record for review, a copy of the record should ordinarily only be given when it is clearly established that it is necessary for the purpose of challenge. The drafters of the subsection expressly rejected a suggestion that would have called for a satisfactory verification of identity by fingerprint comparison. It was felt that States ought to be free to detemaine other means of identity verification. §20.21(gX5). Not every agency will have done this in the past, but henceforth adequate records including those required under 20.21(e) must be kept so that notification can be made. §20.21(g)(6). This section emphasizes that the right to access and review extends only to criminal history record information and does not include other information such as intelligence or treatment data. §20- 22(a). The purpose for the certification requirement is to indicate the extent of compliance with these regulations. The term "maximum eNtent feasible" acknowledges that there are some areas such as the completeness requirement which create complex legislative and financial problems. NOTE: In preparing the plans required by these regulations, States should look for guidance to the following documents: National Advisory Commission on Criminal Justice Standards and Goals, Report on the Criminal Justice System; Project SEARCH_ Security and Privacy Considerations in Criminal History Information Systems, Technical Reports Na. 2 and No. 13; Project SEARCH: A Model State Act for Criminal Offender Record ]nformadon Technical Memorandum No. 3; and Project SEARCH: Model Administrative Regulations for Criminal Offender Record Information, Technical Memorandum No. 4. Subpart C - §20.31. Defines the criminal history record information system operated by the Federal Bureau of Investigation. Each state having a record in the Computerized Criminal History (CCH) file must have a fingerprint card on file in the FBI Identification Division to support the CCH record concerning the individual. Paragraph (b) is not intended to limit the identification services presently performed by the FBI for Federal, state and local agencies. §20.32 The grandfather clause contained in the third paragraph of this section is designed, from a practical standpoint, to eliminate the necessity of deleting from the FBI's massive files the non - includable offenses which were store prior to Februarv, 1973. In the event a person is charged in court with a serious or significant offense arising out or an arrest involving a non - includable offerise, the non - includable offense will appear in the arrest segment of the CCH record. Section 20.33. Incorporates provisions cited in 28 CFR 50.12 regarding dissemination of identification records outside the Federal Government of noncriminal justice purposes. §2034 The procedures by which an individual may obtain a copy of his manual identification record are particularized in 28 CFR 16.30 -34. The procedures by which an individual may obtain a copy of his Computerized Criminal History record are as follows: If an individual has a criminal record supported by fingerprints and that record has been entered in the NCIC CCH File, it is available to that individual fore view, upon presentation of appropriate identification, and in accordance with applicable state and Federal administrative and statutory regulations. Appropriate identification includes being fingerprinted for the purpose of insuring that he is the individual that he purports to be. The record on file will then be verified as his through comparison of fingerprints. Procedure. 1. All request for review must be made by tl-e subject of his record through a la %v enforcement agency which has access to the NCIC CCH File. That agency within statutory or regulatory limits can require additional identification to assist in securing a positive identification. 2. If the cooperating law enforcement agency can make an identification with fingerprints previously taken which are on file locally and if the FBI identification number of the individual's record is available to that agency, it can make an on -line inquiry of NCIC to obtain his record on -line or, if it does not have suitable equipment to obtain an on -line response, obtain the record from Washington, DC, by mail. The individual will then be afforded the opportunity to see that record. 3. Should the cooperating law enforcement agency not have the individual's fingerprints on file locally, it is necessary for that agency to relate his prints to an existing record by having his identification prints compared with those already on file in the FBI, or, possibly, in the State's central identification agency. 4. The subject of the requested record shall request the appropriate arresting agency, court, or correctional agency to initiate action necessary to correct any state inaccuracy in his record or provide the information needed to make the record complete. §20.36 This section refers to the requirements for obtaining direct access to the CCH file §2037 The 120 -day requirement in this section allows 30 days more than the similar provision in subpart B in order to allow for processiae time which may be needed by the states before forwarding the disposition to the FBI. [Order No. 662 - 76, 41 FR 34949, Aug. 18, 1976, as amended by Order No. 1438 -90, 55 FR 3�� ra f Mr. Bonifacio moved: That the above communication from the Commissioner of Human Resources dated August 31, 2006, be received and filed; and That the Common Council approves the updated Use and Dissemination Agreement between the Division of Criminal Justice Services and the City of Buffalo Department of Human Resources and authorizes the Commissioner of Human Resources to execute the Agreement. Passed. 67 t:1wp60lmsword%miv1676- Sa.doe I sEP 1 8 2006 m '11 / *AYE* NO * BONIFACIO DAVIS * FONTANA * FRANCZYK * GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [MAT- S] * 9 * 0 [u3 6] [ 3/4 - 7 ] r fl 31 FROM THE BOARD OF EDUCATION P-10 R Karen. Privateer August 15, 2006 Legislative Aide Common Council 65 Niagara Square, Room 1413 Buffalo, New York 14202 Ile: M. Kecrrras ?: Bonner• • ����� -�� ����' �� ` , ., j� Dear Ms. Privateer: The following memo is in -response to Mrs. Tiffany Bonner's concerns with Waterfront School. The Superintendent's Office has thoroughly investigated Mrs. Bonner's complaint regarding; the treatment of her son Anthony Banner with Ms. Gail. Buch, principal of Waterfront. Ms. Gail Buch conducted an internal investigation with staff, teachers and students; nothing was founded to support the parent's claims of injury to her son's head. Ms. Buch interviewed Anthony Bonner. Ile could not recall what had happened to his head. Ms. Bush advised me that Anthony is always supervised by teachers and staff. The Superintendent's Office has on a consistent basis responded to Mrs. Bonner's concerns. if you have any further concerns, please contact me at 8163007. r,v=F5RRED TO THE SPECIAL COMMITTEE ON EDUCAXION .fames A. Williams, Ed-D. S rrlrerintentlent Sincerely, Roberta Marsh Coordinator of Communications & Community Relations Roomy 712 City Hall Bgffrrlu, Anew York 14202 Phone, 716.816.3575 o Fax. 716.851.31)33 � .�rnrril: jrx►+ illirrrrrs (cchrtff�Irl.kl2.jt�.rrs fJ Patting children a ncl frrrrrilres fr "rst to erasure hr qh aradernde achie► fur rill �,.� P: Cliff OF BUFFALO a Council Staff Chief or Staff Paul IN. Wolf, Esq, July 27, 2000 0 Legislative Staff Manager Dr. James A. Williams, Superintendent Mar H. Baldwin Board of Education Senior Legislative Assistantzv 7 City Hall James S. Pajak Buffalo, New York 14202 ® Dear Dr. Williams: Senior Legislative Assistants Nulty Castro At the Common Council Meeting held on Tuesday, July 25, 2006, Lisa M. Collin the following item was referred to the Education Committee and to Mark J. Jaskula Jacqueline E. Rushton your office for a response: Legislative Aide Karen D. Privateer "M. Kearns -T. Bonner - Problems with Waterfront School (Item #78, C.C.P. 7/25/06) 65 Niagara Square, Room 1413 please review the enclosed item, address your response to the Buffalo, New York 14202 -3318 Phone: (716) 851 -5105 Common Council and file your comments and/or recommendations Fax: (716) 851 -4234 with the City Clerk's Office, 1300 City Hall before 2:00 p.m., on Thursday, August 31, 2006. Please contact Milly Castro or myself if you have any questions at 851 -5105. Thank you for your attention to this request. Respectfully yours, Karen Privateer Legislative Aide Cc: Board of Education Members Enclosure ji r 35 FROM THE CITY CLERK r` 43 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 75 Rodney 1122 Hertel Ave 622 Main St 236 Delaware Ave 1264 Hert -7_ Ave RECEIVED AND FILED Irene Y Melson Michelle M Farruggia Peter 2 Goretti Amedeo E Meriani Filippos Ristorante Irene Y McUion Michelle M Farruggia Peter E Goretti Amedeo E meriani Mar'o Group Inc 1 August 24, 2006 Buffalo City Clerk City Hall Buffalo, NY 14202 RE: Irene Y. Melson„ As Agent For Entity Being Formed 75 Rodney Ave Buffalo, NY 14214 Dear Sir/Madam: Please be advised that subject is applying to the New York State Liquor Authority for an On- premise liquor license for the premise located at 75 Rodney Avenue, Buffalo, NY. Very truly yours, �P c� le her ABC Cori ulting Services 265 Densmore Street Buffalo, NY 14220 -2546 (716) 823 -2434 CC: State Liquor Authority �\v � August 17, 2006 Buffalo City Clerk City Hall Buffalo, NY 14202 RE: Michelle M. Farruggia, As Agent For Entity Being Formed 1122 Hertel Avenue Buffalo, NY 14216 Dear Sir /Madam: Please be advised that subject is applying to the New York State Liquor Authority for an On- premise liquor license for the premise located at 1122 Hertel Avenue, Buffalo, NY. Very truly yours, �`7' ck lle er BC Con Iting Services 265 Densmore Street Buffalo, NY 14220 -2546 (716) 823 -2434 CC: State Liquor Authority �fr August 10, 2006 Buffalo City Clerk City Hall Buffalo, NY 14202 RE: Peter E. Goretti, As Agent For Entity Being Formed 622 Main Street Buffalo, NY 14202 Dear Sir /Madam: Please be advised that subject is applying to the New York State Liquor Authority for an On- premise liquor license for the premise located at 622 Main Street, Buffalo, NY 14202. Very truly yours, 1 er ABC Consulting Services 265 Densmore Street Buffalo, NY 14220 -2546 (716) 823 -2434 CC: State Liquor Authority July 20, 2006 Buffalo City Clerk City Hall Buffalo, NY 14202 RE: Amedeo E. Meriani, As Agent For Entity Being Formed 235 Delaware Avenue Buffalo, NY 14202 Dear Sir /Madam: Please be advised that subject is applying to the New York State Liquor Authority for an On- premise liquor license for the premise located at 236 Delaware Avenue, Buffalo, NY. Very truly yours, J. el e er BC Consulting Services 265 Densmore Street Buffalo, NY 14220 -2546 (716) 523 -2434 CC: State Liquor Authority STATE OF NEW YORK EXECUTIVE DEPARTMENT 9AI DIVISION OF ALCOHOLIC BEVERAGE CONTROL NOTICE OF HEARING PURSUANT TO SECTION 64(7) OR 64 -a(7) of the Alcoholic Beverage control Law TO: Applicant and Residence Address Communit Board /Municipality: Rosaria Inulima Citv of Buffalo City Clerk Rm 130$ 2829 Thorwoods Dr. 10:00 AM Niagara Falls, NY 14304 Niagara Square Ruffaln. NY 14202 125 Main St, PLEASE TAKE NOTICE that a hearing pursuant to Section .64 (7) or 64 -a (7) of the Alcoholic Beverage control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: Date: Time Place of Hearing Room 8/11106 10:00 AM NYS Liquor Authority 556 125 Main St, Buffalo, NY 14203 An on- premises liquor license application was filed on _March 28, 2006 with the State Liquor Authority for the following premises: Applicant's Name: ERIE OP 3130705 252 Premises Address: MARO GROUP INC FILIPPOs RISTORANTE ITALIANO 1264 HERTEL AVE BUFFALO NY 14216 Testimony will be taken from: the applicant and/or an authorized representative, a individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the. hearing by calling the License Bureau at (716) 847 - 3060. Individuals who do not pre - register to speak will only be allowed. to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. THERE WILL BE NO ADJOURNMENT OF THIS HEARING. STATE LIQUOR AUTHORITY DATE: .i f By Brandon W Noyes; Executive Officer, 'Zone III FORM: x.03 (8105) cb 44 000074 No. Leaves of Absence; Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor/Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks- X Police- Donna Donavan. Kevin Cannon, Alpha Collins. Robert Delaney. Shellie Maraschiel.lo Karla Rainville X l=ire- James Otwell Corporation Counsel- Community Services- Economic Development & Permit and Inspection Services- Management Information Systems X Administration, Finance & Urban Affairs - Amy Frankel Human Resources- Civil Service Commission- RECEIVED AND FILED. 1 D SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: SUBJECT: I: Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) Item No. 184, C.C.P. 11/14/00 Ex. ( Item No. xxx C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE BELOW Police Officer Donavan assigned to the B- District has been granted a maternity leave of absence without pay for the period of 30 days commencing August 17, 2006 through September 16, 2006. HMG /tIo TYPE DEPARTMENT HEAD NAME: H. McCarth Gi son DATE POLICE TYPE TITLE: Cotnrnissi.oner of Police SIGNATURE OF DEPARTMENT HEAD: P -12e TYPE OF LEAVE EDUCATIONAL ❑ MATERNITY ( -5 EMPLOYMENT ❑ MEDICAL ❑_` FAMILY MEDICAL ❑ MILITARY ❑ = _ PERSONAL ❑ _ f`r THE FAMILY MEDICAL. LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HgN-TH MDITION (ADDITIONAL FORM REQUIRED) f_ THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENERF(PBAtN.MEMB& ONLY) SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF • EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH. & ID CARD PRIOR TO THE START OF THEIR LEAVE. FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE: V � a DATES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: �ver-cd EMPLOYEE SIGNATURE APPROVED/ DENIED 1A WAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL E UIPMENT P0 E INSPECTOR ©ATE APPROVED 1 DENIED 1 APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL E lip ze- e POLIC SATE CC: ORIGINAL -ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION f-OM lANnING OFFICER PAYROLL * * LAST FOUR (4) DIGITS ONLY" SIN PAG COMMUNICATION TO `I'HL; COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT DIVISION: DATE: August 16, 2006 ___ . POLICE SUBJECT: I: Leave of Absence PRIOR COUNCIL REFERENCE: (1F ANY) 1: Item No. 184, C.C.P. 11/14/00 Ex. ( Item No. xxx C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE BELOW Laborer I, Kevin Cannon assigned to Headquarters has been granted a personal /educations leave of absence without pay for the period of one year commencing August 21, 2006 through August 20, 2007. HMG /tlo TYPE DEPARTMENT HEAD NAME: H. M cCarthy Gipson TYPE TITLE: Commissioner o Police SIGNATURE OF DEPARTMENT HEAD:` DATE: l k cko NAME: _ Ko vo._ C f „ojQ j * S SN: )= — XX - * * LAST FOUR (4) DIGITS ONLY” RANK: _ UNIT: t°A TYPE OF LEAVE EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ®- MEDICAL ❑ FAMILY MEDICAL ❑ MILITARY ❑ PERSONAL ❑ • THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE. WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE. FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF EVE: C 11-� 0 L 13 E ! CIL caE DATES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: 0 r � ql le) EMPLOYEE SIGNATURE APPROVED I DENIED / APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT � � O �LI CE I= INSPECTOR DATE APPROVED 1 DENIED I APPROVAL CONDITIONED UPON SURRENDER OFDEPARTMENTAL EQUIPMENT OL.ICE COMMI IONE9% DATE CC: ORIGINAL -ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL SING P AGE COMMUNICATION To'i'ttF COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT DATE: August 8 20 POLICE DIVISION: SUBJECT: : Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) 1: .item No. 184, C.C.P. 11/14/00 Ex. ( Item No. xxx C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE BELOW Report Technician Alpha Collins assigned to the .E- District has been granted a medical leave of absence without pay for the period of 3 %2 inonths commencing June 13, 2006 through September 29, 2006, HMG /tlo TYPE DEPARTMENT HEAD NAME: H. McCarthy Gipson TYPE TITLE: Commissioner of Police F EPARTMENT HFAD SIGNATURE OE D DATE: NAME: l A 5 `SSN: XXX -- XX ** LAST FOUR (4) DIGITS ONLY** r RANK: - PA P UNIT: S EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ MEDICAL I FAMILY MEDICAL ❑ MILITARY AL ❑ THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MFOICAL HEALTH CONDrt[ON (ADDITIOISM FORM REQUIRED) .. THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) • SWORN MEMBERS REOUESTING A LEAVE OF ABSENCE W EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS BI EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO. CAP SPRAY. BADGE. WREATH. 3 ID CARD PRIOR TO THE START OF THEIR LEAVE. FAILURE TO DO SO-WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEIN"W6L ti E: C"t i EXPLANATION OF LEAVE: DATE OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: i C3 cn EMPLOYEE SIGNATURE APPROVED/ DENIED / A C 6p ONED UPON SiffagEDER W DEP j NT oe A la P LICE INSPECTOR DATE APPROVED 1 DENIED / R L CON ON D UPON SU E ART16I'E TAIL gQUIPMEN c. VOM DATE CC: ORIGINAL —ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL Tn •A '�X�:7T Qrin7 c 6nH CC J XL 4 C7Cf ll lrrl III"l� SING PAGE COMMUNICATION TO THE COMMON COUNCIL TO: TIME COMMON COUNCIL FROM: DEPARTMENT: DIVISION: DATE: J ly 2` , 2006 POLICE SUBJECT: : Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) 1: Item No. 184, C.C.P. 11/14/00 .Ex. ( Item No. xxx C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE BELOW Police Officer Robert Delaney assigned to the A- District has been granted a military leave of absence without pay for the period of 4 days commencing July 25, 2006 through July 28, 2006. HMG /tlo TYPE DEPARTMENT HEAD NAME: H. McCarthy Gi son TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: 07- 24 - '06 16:59 FROM- , T -205 Pe011002 F -154 I OATS: CY — 7 V yL NAM. P06-e - T, � (� n E- RANK: PO 41R1 � ��� � 70 M: UNIT: EDUCATIONAL MATERNITY EMPLOYMENT 'MEDICAL FAMILY MEDICAL MILITARY PERSONAL [] • TM FAMLY 1190WAL LZAVIR 0 A 13 VJ .FK WAVE FOR: CARE OF O tt D, 9POOUK PARM OR OWAt NEICAL HULTH COAtn MM YMXXT PNAL FORM REgLIMD) • VW TAIrW OP AMY t EAVR OF AMIMCM ML RMT fM TVW LO IS OF TIM PACT ATT09wim as"m (PRA MMMM ONLY) • NOW RAWtlt'fMtti It,M OMWO A LSAVROP A M MW OP TKWY PM MAY:! Mit;T AHUWMM TWR PWART1tR;NTAL VRAPON, CAP !!PRAY. $ADM A ID CARO PRIOR TO TM *TAW OF rt" LiAtfL AML' OW f N DO #O WALL AM"rAV THE 1tAVWATMN OF "M LLAVR OF ABSOWC&AW TW "W VW 4W IM � AR► Aeflfq AM+t71. EXPLANATION OF LEAVE: u f 6 4 �f- s du e BEGINNING DATE: � - o�-S RETURN DATE: - v c�. 0G -- LENGITH OF LEAVE* '�-1 1) A •r S •.•�•,. PLO SIGNATU f f 3 ti.rl.�.i r :'lliMw.!` 1�t i. i�.7. •. ' :`.�. :�I. I *115 • it • —d. ;_ flyi i o TJ + �LayR titer r a� .a't. �i!at.r 'iii • ', w�(: - �i v "iyd a1 WO I� ADMNlWrRATW SMtVN= COMAAANDM©AFFk*R Rag1 lama mpLom 0WOMML • 4QtMM♦8$1t iFLR'8 OMC GM4 MjQtVMGE t,AWR R13AIlQNS SIN__ P AGE COMMUNICATION `I'O TtIE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DATE: July 27, 200 POLICE DIVISION: SUBJECT: I: Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) 1: Item No. 184, C.C.P. 11/14/00 Ex. (Item No. xxx C.C.P. xx /xx /xx) TEXT: ( TYPE SINGLE SPACE BELOW Police Officer Sheltie Maraschiello assigned to the C- District has been granted an. extension to her medical leave of absence without pay for the period of 60 days commencing July 7, 2006 through September 7, 2007. rilvivi/ LIU TYPE DEPARTMENT HEAD NAME: H. McCarty. Gipson TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: DATE: `� J C NAME. _:. r ' �: ' c- C1RANK: _ -- *SSN: UK- UNIT: * * LAST FOUR (4) DIGITS ONLY" TYPE OF LEAVE EDUCATIONAL ❑ MATERNITY' ❑ EMPLOYMENT ❑ MEDICAL FAMILY MEDICAL ❑ MILITARY PERSONAL ❑ THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (3o) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS: MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE, DATES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: EMPLOYEE SIGNA URE APPROVED, DENIED/ % /)PC lz DATE APPROVED 1 ENIED /APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL E UIPMENT POLICE CO ISSI R DATE CC: ORIGINAL -- ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DATE July 19.2006 POLICE DIVISION: SUBJECT: j :Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) : Item No. 184, C.C.P. 11/14/00 Ex. (Item No. xxx, C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE BELOW Public Safety Dispatcher Karla Rainville assigned to Communications has been granted a maternity leave of absence without pay for the period of 6 months commencing July 18, 2006 through January 17, 2007. rntvtuliio TYPE DEPARTMENT HEAD NAME. H. McCarty Gipson TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P-12e DATE; NAME: ;_ l j. *SSN: XXX XX _ * * LAST FOUR (4) DIGITS ONLY" RANK: r UNIT: TYPE OF LEAVE EDUCATIONAL ❑ MATERNITY 9 EMPLOYMENT ❑ MEDICAL ❑ FAMILY MEDICAL MILITARY ❑ PERSONAL THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PSA MEMBERS ONLY) SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE. FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE: DATES OF LEAVE BEGINNING DATE: RETURN DATE LENGTH OF LEAVE: - /4r, 0 L E.� EMPLOYEE SIGNATURE APPROVED I DENIED 1 APPROVAL CONDITIONED UPON SURRENDER OFDEPARTMENTAL EQUIPMENT fir) POLICE C F__e- z..,_SjT b ATE 1 APPROVAL CONDITIONED UPON SURRENDER OFDEPARTMENTAL EQUIPMENT W� CC: ORIGINAL -ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL It I (Rev. 1193) Single Pqg Co177111ttnication to the Common Council To: The Common Council: Date: July 20, 2006 From: Department. Fire Department Division: Administration Subject: [:J Leave of Absence Tyne in Upper and Lower Case Only Prior Council Rel:crence: (If Any) [: Text (Type Single Spacc:) . Be advised that I have extended Firefighter ;fares Otwell's unpaid Leave of absence for the Period of July 28, 2006 through January 28, 2007. R.espectUly submitted. jI y e Department Head Name; 'fie `htle: Signature of Department Head: Patrick T. Lewis Deptit Fire C'mmnissi "'A' A z . -- PTLIslk. # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: August 25, 2006 FROM: DEPARTMENT: Administration and Finance DIVISION: Parking Enforcement SUBJECT: [: Leave of Absence [: Amy Frankel PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. Item No. xxx C.C.P. xxlxx /xx TEXT: (TYPE SINGLE SPACE BELOW.) This is to request approval of a 1 year personal leave of absence for Amy Frankel from her position as Junior Traffic Clerk in the Parking Violations Bureau, This leave will commence August 14, 2006. Attached is approval from the Commissioner of Administration and Finance. TYPE DEPARTMENT HEAD NAME: eonard G. Sciolino TYPE TIT Direct r f P kin nforcement SIGNATURE IF DEPARTMENT HE V -D AU6 I 12006 Amy J. Frankel 23 Doyle Ave Buffalo, New York 14207 (716) 873 -7163 8/11106 To Whom it may concern, T respectfully request a personal leave of absence from my position as Junior Traffic Clerk in the Parking Violations Bureau for one (1) year to commence August 14", 2006. Sincerel Amy J: rankel r /� JJ 46 0000 "25 IM Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Bonifacio moved the approval of the appointments to the position of Council Intern. ADOPTED. l\ C #3 (Rev 1 -02) 4 QJ Certificate of Appointment In compliance with provisions of Seelion 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I Iransmst this certification of appointrrt(:Ett(s) or pronsolion(s). I C U rther certify that the person(s) named it Sebedule "A" have been certified or approved by the I Iuman ltesourcus /CivII Service for tl It Appointment Effective: in the Department of Division of to the Position of August 3, 2006 Common Council Love) 1 1 Intern V Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) FLAT jEnter Starting Salary) : Starting Salary of: $8.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME Nick Bondajewski ADDRESS 331 Cable Street CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX - - LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10102001 TITLE CODE NO BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: Au st 3, 2006 SIGNATURE OF APPOINTING AUTHORITY.'��" - ORIGINAL * 3 COPIES TO: CITY CLERK ONIBEFORE APPOINTMI NT ©ATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEEf� #3 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Bul1alo, I transmit this certification of appointment(s) or promotion (s). I lbrther certify that the person(s) named in Schedule "A" have been certified or approved by the I luntan Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of July 24, 2006 Common Council University District Intern V Permanent, Provisional, Temporary, Seasonal (insert one) SEASONAL Appointment, Promotion, Non - Competitive (insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $8.40 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Cecil H. People DATE ADDRESS 25 W. Utica Street CITY & ZIP Buffalo, NY 14209 LAST 4 DIGITS OF SSN. XXX - XX - 7843 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 BUDGET ORG. CODE 10102001 TITLE CODE NO BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION 8.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING, AUTHORITY: City Clerk DATE: Jul y24, 2006 SIGNATURE OF APPOINTING AUTHORITY: 6A 24 I- AA �j 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) 0 .J 46A No. Appointments - Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. ?Q6�v H3 (Rev 1 -02) t Certificate of Appointment \jyi In compliance with provisions of Section 24-2 of the Charier 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 person(s) named in Schedule "A" have been certified or approved by the I Inman Resources/Civil Service for the Appointment Effective: July 10 2006 in the Department of Community Services and Recreational Programming Division of Division for Youth to the Position of Intern Ill Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) (",, A)C 4, +Q / F( — Minimum, Intermediate, Maximum, Flat (Insert one) FLAT �Enter Starting Salary) : Starting Salary of: $8.15 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Jessica Trusso DATE ADDRESS 738 Auburn Ave. CITY & ZIP Buffalo 14222 LAST 4 DIGITS OF SSN. XXX - XX - 4210 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 BUDGET ORG. CODE 16513001 TITLE CODE NO 1772 BUDGET ACCT, OBJ, 412002 PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Tanya Perrin Johnson TITLE OF APPOINTING. AUTHORITY: Commissioner, Community Services and Recreational Programming DATE: 5/15/06 SIGNATURE OF APPOINTING OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(SI 113 (Rcv 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35.1 of the Ordinaoees of the City of Buffstlo, I transmit this certification ol' appoinlment(s) m promotion(s). I rut then certily that the person(s) named in Schedule "n" have been culhied or approved by the Iltima) RcsourceslCivil Service for the npporattntent Fffective: July 17, 2066 in the Department of Community Services and Recreational Programming Division of Youth to the Position of Intern 11 Permanent, Provisional, Temporary, Seasonal (insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) Ur) C,� Minimum, intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $6.75 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Curtis Brown DATE. ADDRESS 103 Rebecca Pk, CITY & ZIP Buffalo 14207 LAS 4 DIG ITS OF SSN. XXX -XX -0650 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Curtis Fisher DATE ADDRESS 11 Traymore CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX -6287 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15513001 TITLE CODE NO 17'x`1 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE SIGNATURE OF APPOINTING AUTHORITY Tanva Perrin - Johnson Commissioner, Community Services and Recreational Programming 8 -4 -06 �ak lf`IrL ± 3 C(3F?! TO: CITY CLERK . (ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9-D IVISION #10- EMPLOYEE( S) # #3 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of tine City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further eartify that the person(s) named in Schedule "A" have been certified or approved by the I luman ReSOnrCeSiCiVil Service for the Appointment Effective: July 10, 2006 in the Department of Community Services and Recreational Programming Division of Division for Youth to the Position of Intern 11 Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL. Appointment, Promotion, Non - Competitive (Insert one) U AVC L pi > Fr D Minimum, Intermediate, Maximum, Flat (Insert one) FLAT jEnter Starting Salary) : Starting Salary of $6.75 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Cordero McCarter DATE ADDRESS 35 Foreman St. CITY & ZIP Buffalo 14211 LAST 4 DIGITS OF SSN. XXX - XX - 1967 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 BUDGET ORG, CODE 16513001 TITLE CODE NO 177/ BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Tanya Perrin - Johnson TITLE OF APPOINTING. AUTHORITY: Commissioner, Community Services and Recreational Programming DATE: 817108 SIGNATURE OF APPOINTING AUTHORITY: QMOINA1 4�'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� 43 (Rev I.02) )� Certificate of Appointment In compli ;race With provisions of Section 24 -2 of the Charter and Chapter 33 -1 oftire Ordinances of the City of Buffalo, I trtmsmit this certification of appoinuncnt(s) or pm11100011(S) I further certify thitt the persons) named in Schedule "A" have hccn emi. ied or approved by the tlumatt Resourco /Civil Service for the nppointntertt Effective: July 10, 2006 in the Department of Community Services and Recreational Programming Division of Division for Youth to the Position of Intern ll Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) tl Ai C 1_!4 SS I C Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (f,ntcr Starting Salary) : Starting Salary of $6.75 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Andrew Mycek DATE ADDRESS 58 Rosemary CITY & ZIP Buffalo 14216 LAST 4 DIGIT'S OF SSN, XXX -XX -1578 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 BUDGET ORG. CODE 15513001 TITLE CODE NO 1771 BUDGE -T ACCT, OBJ. 412002 PRO. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Tan a Perrin - Johnson TITLE pF APPOINTING. AUTHORITY: Commissioner, Community Services and Recreational Programming DATE : 8 -3 -06 SIGNA` URE OF APPOINTING AUTHORITY: ` ORIGINAL 3 COPIES TO: CkTY CLERK ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET. #B- DEPARTMENT #9- DIVISION #10- EMPLOYEE S 47 0 0004)7 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. {t3 (Rev 1 -02) 0 Certificate of Appointment In compliance witl. 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 appointments) or promolion(s). I further certify that the person(s)named in Schedule "A" have been certified or approved by the I luman Itesonrces/Civil Service for the Appointment Effective: in the Department of Division of August 8, 2006 Community Services Senior Services to the Position of Senior Citizen Aide Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $8,15 Hour LAST JOB TITLE Senior Citizen Aide NAME Robert Williams LAST DEPARTMENT 55 -1412 DATE 06130106 ADDRESS 1279 Michigan Ave. LAST SALARY BAS PER HR. CITY & ZIP Buffalo, New York 14209 LAST 4 DIGITS OF SSN. XXX -XX -2970 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 BUDGET ORG. CODE 15512001 TITLE CODE NO 933J BUDGET ACCT. OBJ_ 412002 PROJ_ ID PERSONNEL REQ. NO 2006 -06 SALARY RANGE OF POSITION 8.15 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING Tanya Perrin- Johnson ,- Commissioner OTHER COPIES Tp #5- COMPTROLLER #6- IiUMAN S RVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9 DIVIS1QN #10- EMPLOYEES} #3 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 - of the Charter and Chapter 35 -1 of the ordinances of the City of Butlalo, I transmit this certification of appoinlment(s) or promotion(s). I further certify that tits person(s) named in Schedule "A" have been certified or approved by the 1Hman Resources/Civil Service fbr the Appointment Effective: August 1, 2006 in the Department of Community Services Division of Senior Services to the Position of Senior Citizen Aide Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM jEnter Starting Salary) : Starting; Salary of $8.15 per hour LAST JOB TITLE Senior Citizen Aide LAST DEPARTMENT 551412 DATE 06130103 LAST SALARY 8.15 per hour NAME Elizabeth Pieri ADDRESS 30 Eugene Avenue CITY & ZIP Buffalo, New York 14216 LAST 4 DIGITS OF SSN. XXX -XX -6480 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 BUDGET ORG. CODE 15512011 TITLE CODE NO 9331 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2006 -06 SALARY RANGE OF POSITION 8.15 per hour PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Tanya Perrin - Johnson TITLE OF APPOINTING. AUTHORITY: Comm issioner DATE: Au ust 1, 2006 SIGNATURE OF APPOINTING AUTHORITY: �f lkqkl ORIGINAL + 3 COPIES TO: CITY CLERK (ONIBEFORE APP�NT DATE) OTHER COPIE T0: #5 COMPTROL #S- HUMAN SERVICESICiVIL SERVICE #7- BUD #8- DEPARTMENT #9- DIVISION #10 EMPLOYEE S E7P0S1T10N ALLOCATION MAINTENANCE FORM Title Bridge Operating En ineer Department/Division Public Works Parks & Streets -- En 'neerin Original PR No. Title Code No. Salary Budget Function No. Reason for appointment (check one) Type of Status Change (check one) Tyne of Appointment ❑ Permanent ❑ Contingent Permanent ❑ Provisional ❑ Temporary ® Seasonal 2005 -010 6000 $10.25/hr. flat 13113001412002 q 4,16 (> ❑ Status Change ® Reinstatement ❑ Replacement ❑ Extension ❑ From. Temporary to Provisional ❑ From Temporary to Permanent ❑ From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification ❑ Exempt ❑ Competitive ® Non - Competitive Comments Mr. Kreutin er last worked for this department in this title on January 1 2006. Mr. Kreutin er is bein reinstated to this position. Employee Information; Name Rob A. Krcutinger _ SS# - Address 50 Homer Avenue DOB — City Buffalo State NY 7in Code 14216 Signat a ointing A honity Date Si ture of Director of Budget Date Signature of Adm. Director of Civil Service *Approval Date Send original copy signed by Dept. Head to Budget 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 *Applicant appointed on or after this date POSITION ALLOCATION MAINTENANCE FORM Title Laborer II DepartmentlDivision Public Works. Parks & Streets -_- Streets n ( Original PR No. f r Title Code No.. 9624 Salary $8.I5Ihr, flat Budget Function No. 52002601412002 Reason for appointment (cheek one) ❑ Status Change ® Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) ❑ From Temporary to Provisional ❑ From Temporary to Permanent ❑ From Provisional to Permanent ❑ From. Contingent Permanent to Permanent ❑ Other T e of A ointment: Classification ❑ Permanent ❑ Exempt ❑ Contingent Permanent ❑ Competitive C ❑ Provisional ® Non - Competitive —Jt ❑ Temporary ® Seasonal l (" Comments Mr. Winkelsas is returning to this position He last worked for this department in this tithe, on March 9 2006. Mr. Winkelsas is now replacing Christop Snierak who resigned from this position on May 19 2005, Employee Information: Name Joseph Winkelsas SS# Address 213 Virgil Avenue DOB City Buffalo State NY Zip Code 14216 _.. Si atur oan Auth :tc Signature of Director of Budget Date dy I - Signature of Adm- Dir or of Civil Service * pproval Date Send original copy signed by Dept. Head to Budget Send or a -mail Civil Service a copy When approved copy is returned., send a copy to Audit along with file maintenance form, City Clerk and Budget *Applicant appointed on or after this date POSITION ALLOCATION MAINTENANCE FORM Title Laborer II c� Department/Division Public Works Parks & Streets Division of Engineering AV J Start Date 9 � D to Original PR No. 05 -132 Title Code No. Salary Budget Function No. 9624 $8.15 /hr. 13191001 - 412002 Reason for appointment (check one) ❑ Status Change ® Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) Typ e - of A ointment• ❑ 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 ® Non- Competitive Comments Mr. Oshirak has previously worked for this department as Seasonal Laborer It. Mr. Oshirak last worked for this department in that capacity on Jana 1 2006. Employee Information: Name Ierem B. Oshi Address 205 Potomac Avenue City Buffalo SS# DOB State New York Zip Code J 14213 ;.,A ~ 4 �✓ f Si natur o infinty A n Date Si re of Director of Budget Date Signature of Adm. Director of Civil Service Date Send original copy signed by Dept. Head to Budget 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 POSITION ALLOCATION MAINTENANCE FORM Title Laborer U Department/Division Public Works Parks & Streets Division of Streets Start Date 08/14/2006 Original PR No. 2005.120 Title Code No. 4624 Salary 8.15/hr Budget Function No. 52002601- 412002 Reason for appointment (check one) ❑ Status Change Q - Reinstatement [A Replacement ❑ Extension Type of Status Change (check one) Tvne of App ointment : [] Permanent [] Contingent Permanent ❑ Provisional Temporary As Required Seasonal ❑ From Temporary to Provisional ❑ From Temporary to Permanent ❑ From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification ❑ Exempt Competitive Non - Competitive Co_ mments: Mr. Howie is re lac nE Ronald Sokolowski who resi ned effective 05/15/2006. Mr. Howie has never p reviously worked for the City of Buffalo. Employee Information: Name Maurice Howie Sr. Address 246 Madison Street Ci Buffalo Signature f Appointing Al Si ature of Director of p Stmt reo Adm. irector.- State { NY SS# - 7192 DO Zip Code 14206 7 D Date Date Date Send original copy signed by Dept. Head to Budget 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 POSITION ALLOCATION MAINTENANCE FORM Title Lab._ ores II Departure nt/Division Public Works Parks , & Streets Division of Buildin s Start Date 08/01/2006 Original PR No. 200.4134 Title Code No. 9624 Salary 8.15 /hr. Budget Function No. 13296001- 412002 Reason for appointment (check one) ❑ Status Change ❑ Reinstatement g Replacement ❑ Extension Type of Status Change (check one) Tyne of A ppointment : ❑ Permanent ❑ Contingent Permanent ❑ Provisional ❑ From Temporary to Provisional ❑ From Temporary to Permanent ❑ From Provisional to Permanent ❑ From Contingent. Permanent to Permanent ❑ Other Classification ❑ Exempt . ❑ Competitive ® Non - Competitive ❑ Temporary As Required ® Seasonal Comments Mr. Bolden has never reviousl worked for the City Buffalo. He is re lacin Brandon Ford who was terminated on 5/19/06. Employee Information: Name Jonath S. Bolden Address 154 Humber Avenue city Buffalo 74 Signature of Avvoini SS# D State NY Zi Cade �3 /ate Date 14215 Si ure of Director of Budget Date nature of Adm. ' ector of Civil Service Date Send original copy signed by Dept. Head to Budget 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 POSITION ALLOCATIO�MAI�NTEN�ANCE �FORM� Title Laborer H Department/Division Public Works, Parks & Streets Division of Streets Start Date Original PR No. 2405 -120 Title Code No. Salary Budget Function No. 9624 $8.15 /hr. 52402601- 412002 M ��t Reason for appointment (check one) ❑ Status Change ❑ Reinstatement ® Replacement ❑ Extension Type of Status Change (check one) Type A ointment: ❑ Permanent ❑ Contingent Permanent ❑ Provisional ❑ Temporary ® Seasonal E] From Temporary to Provisional ❑ From Temporary to Permanent ❑ From Provisional to Permanent ❑ From Contingent Permanent to Permanent ® Other Classification ❑ Exempt ❑ Competitive ® Non - Competitive Comments Mr. Hartman is replacing Peter Rose who was terminated from this position of March 24 2006. Mr. Hartman has never previously worked for the Cily of $uffalo. Employee Information: Name Colin D. Hartman Address 169 Como Avenue City Buffalo SS# imp DOB low State New York Zip Code 14220 Send original copy signed by Dept. Head to Budget 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 N ) s ' Si a o o' ri Date Sign aVfe a & Director of Budget Date Signature of Adm. ector of Civil Service Date Send original copy signed by Dept. Head to Budget 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 POSITION ALLOCATION MAINTENANCE FORM Title Laborer 11 DepartmentlDivision Public Works Parks & Streets Division of Streets. Start Date,! Original PR No. Title Code No. Salary Budget Function No. 2005 -157 0010 $8.151hr. 15030001 - 412002 Reason for appointment (cheek one) ❑ Status Change ❑ Reinstatement ® Replacement ❑ Extension Type of Status Change (check one) Type of Appointment: ❑ 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 ® Non- Competitive Comments Mr. Czernie'ewski Jr. is re lacin Anne Bin enheimer who was terminated from this position on May 26 2MM6. Mr. Czernie'eski has never previously worked for the City of Buffalo. Employee Information: Name Mark A. Czerniejewski Jr. SS# -- Address 108 Peter Street DOB OMNI — Ci Buffalo State New York Zi Code 14207 Si a of A ` ai A Date Sig natur o Director of Budact Date Si ature of Aden. Director of Civil Service Date Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clem and Budget 93 (Rev I -02) t� ' Certificate of Appointment 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 person(s) named in Schedule "A" have been certified or approved by the Human Resources /Cavil Service for the Appointment Effective: in the Department of Division of to the Position of August 7, 2006 Strategic Planning Real Estate Laborer II Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Deter Starting Salary) : Starting Sak"'y of $8,15 per hour LAST JOB TITLE Laborer 11 NAME Michael V. Steffan LAST DEPARTMENT Strategic Planning DATE 07/28/06 ADDRESS 137 Saranac LAST SALARY $8.15 CITY & ZIP Buffalo, New York 14216 LAST 4 DIGITS OF SSN. XXX - XX - 3632 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 D I G ITS O SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10314001 TITLE CODE NO 9624 BUDGET ACCT. 0E31 PROJ. ID PERSONNEL REQ. NO 2006 -01 SALARY RANGE OF POSITION $8.15 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Timo thy E. Wanamak TITLE OF APPOINTING. AUTHORITY: Executive Director Office of Strategic Planning DATE: SIGNATURE OF APPOINTING AUTHORITY: ORIG INAL,.., +_3 c O CITY GLERK (ONIBE A D ATE) OTHER CO PIES T O: #b COMPSI OI-I -R # 6- I:IUMAIV_SFRVICESICIVIL.SERVICE #7- B UDGET #8 DFPA #9 _ #10 -_EMPL OYFE(SI #3 (Rev 1 -02) Certificate of Appointment ht 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 pro notion(s). I further certify that the persons) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment affective: in the Department of Division of to the Position of July 24, 2006 Strategic Planning Real Estate Laborer II Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT jhnter Startin,; Saiat : Starting Salary of. $8.15 per hour LAST JOB TITLE Laborer II NAME Kerwin Boswell LAST DEPARTMENT Strategic Planning DATE 07/14106 ADDRESS 539 Sherman LAST SALARY $8.15 CITY & ZIP Buffalo, New York 14211 LAST 4 DIGH S Ol- SS XXX -XX - LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LA 4 DIGITS OF SS N. X - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 10314001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. PROJ. ID PERSONNEL REQ. NO 2006 -01 SALARY RANGE. OF POSITION $8.15 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE SIGNATURE OF APPOINTING AUTHORITY _T imothy E. Wana -_ Executive Director office of Strategic Planningi ORI GINAL 4 3 COPIF=S_ TO C ITY CLE RK (ON/ APPOI OTHER COPIES TO: #5- COMP I ROL LE R #6 lil)MAN SERVICES /[ I VIL „SE #7- _B =_7 #fi- DEPARTM #9 - _ DIVISION,. #10 FMPLOYEE(S) No. 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. #3 (Rev 1 -02) Certificate of Appointment`- J � 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 farther certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: July 31, 2006 in the Department of Community Services Division of Contract Administration to the Position of Contract Compliance Monitor Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of: $38,358 LAST .JOB TITLE LAST DEPARTMENT LAST SALARY NAME Betty Jean Grant DATE ADDRESS 100 Parkridge Avenue CITY & ZIP Buffalo, 14215 LAST 4 DIGITS OF SSN, XXX - XX- 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 BUDGET ORG. CODE 15501001 TITLE CODE NO 1900 BUDGET ACCT. OBJ. 411009 PROD. ID PERSONNEL REQ. NO 2005.115 SALARY RANGE OF POSITION $38,358 - $44,779 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING Tanya Perrin - Johnson Commissioner OTHER COPIES TO: #6- COMPTROLLER #6- HUMAN - SERVICES/CIVIL SERVICE #7- BUDGET #8 DEPARTMENT #3- DIVISION #10- EMPLOYEES} 143 (Rev 1 -02)' Certificate of Appointment In compliance with provisions or Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Bnflato, I transmit this ce rtification of appointment(s) or pronrotion(s). I further certify that the person(s) named in Schedule "A" have been oulified or approved by the 1- l.unran ResourccWivil Service for the Appointment Effective: July 26, 2006 in the Department of Community Services Division of Senior Services to the Position of Van Driver Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $22,301 LAST JOB TITLE Seasonal Van Driver NAME Joseph Provenzano LAST DEPARTMENT Div. for Senior Svr. DATE 2006 ADDRESS 18 Seabrook Street LAST SALARY 22,301 CITY & ZIP Buffalo, New York 14207 LAST 4 DIGITS OF SSN. XXX -XX -6339 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 BUDGET ORG. CODE 16512001 TITLE CODE NO 6031 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2005 -137 SALARY RANGE OF POSITION 22,301- 25,306 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY_ TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Tana Perrin -Johnson Commissioner JuIv 25, 2006 O RIGINAL + 3 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATEI OTHER COPIES TO: #5- OMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7 aUDGET #8 DEPARTMENT #9- DIVISION #14 EMPLOYEEIS) 113 (R 1-02) Certificate of Appointment � �< In coMpfianee with provisioals of Section 24 - of the Charter aajd Chapter 354 of the Ordinances of the City of Buflalo, I transmit this certification of appointruent(s) or promotion(s). I further certify Mat the persons) namcd ill Schedule "A" have becn certified or approved by the I - human ResourceslCivil Service for the Appointment Effective: August 30, 2006 in the Department of Law Division of Law to the Position of Assistant Corporation Counsel II Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Plat (Insert one) MINIMUM Enter Starting Salary) : Starting Salary of: $55,756.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY Assistant Corporation Counsel I Law $45,757.00 DATE 8130106 NAME Timothy A. Ball ADDRESS 184 Norwalk Avenue CITY & ZIP Buffalo, New York 14276 LAST 4 DIGITS OF SSN. XXX -XX -4755 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN, XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10546001 BUDGET ACCT. OSJ, TITLE CODE NO SALARY RANGE OF POSITION 411001 PROD, ID PERSONNEL REQ, NO 2006 -31 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: VAME OF APPOINTING AUTHORITY: Alisa A. Lukasiewicz FTLE OF APPOINTING. AUTHORITY: Corporation Counsel )ATE: August 30, 2006 fIGNATURE OF APPOINTING AUTHORITY: OTHER COPIES TO #5 COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7t BtJDGET #8- DEPARTMENT #9- DIVISION #10- # 3 (Rev 01/02) Certificate of Appointment q In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the ' Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or Promotion(s). I further certify that the person(s) named in Schedule " have been certified or approved by the Department of Human Resources /Civil Service for the Appointment Effective: August 2$, 2006 in the Department of Public Works, Parks & Streets Division of Water to the Position of Meter Reader (Permanent, Provisional, Temporary, Seasonal - (Insert One) : Provisional ( Appaintment, Promotion, Non - Competitive) - (Insert One) : Appointment Minimum, Intermediate, Maximum, Flat) - (Insert One) : at the: Minimum Schedule "A" (Enter Starting Salary) : Starting Salary of: $26,562 LAST JOB TITLE: Admin. -- Asst. „-- - - - - -- Name - - - David Wellenzohn LAST DEPT.: Council DATE: 12/31/05 Address - - -[: 310 Eden Street LAST SALARY: $ 34,900 C ity & zip --- C: Buffalo, New York 14220 Last 4 digits of S.S.N.; XXX -XX - 9417 LAST JOB TITLE: ------------------- - - - - -- Name -W -[: LAST DEPT.: DATE: Address - -- C: LAST SALARY: $ City & Zip --- - [: Last 4 digits of S.S.N.:XXX -XX- LAST JOB TITLE: --------- --- - -- - Name _ -[: LAST DEPT.: DATE: / /_ Address - - - [: LAST SALARY: $ City & Zip --- [: Last --------------- --------------------------------------- 4 digits of S.S.N_: XXX_XX- LAST JOB TITLE: N - -[: LAST DEPT.: — DATE: Address - - -[: LAST SALARY: $ C ty & Zip - - - [: Last 4 digits of S.S.N.: XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE. : - 53003601 BUDGET ACCT. OBJ..:- _ 411001 Proj ID SALARY RANGE OF POSITION $ 26,562 - $ 30,010 REASON FOR APPT. ABOVE THE MINIMUM: TITLE CODE NO.: 5300 PERSONNEL REQ. NO.: 2006 -19 PER: YEAR X DAY HOUR TYPE NAME OF APPOINTING AUTHORITY: Joseph N. Giambra TYPE TITLE OF APPT. AUTH. Commissioner DATE: 'f /15/06 - SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CL (ON BEFORE APPOINTMENT DA'Z'E) O'T`HER COPIES TO: #5- COMPTROLLER 6- HUMAN RESOURCES /CIVIL SERVICE # BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) CORRECTED 3 (Rev 01/02) Certificate of Appointment 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 person named in Schedule " have been certified or approved by the Department of Human Resources /Civil Service for the Appointment Effective: August 21, 2006 in the Department of Public works, Parks & Streets Division of Water to the Position of Meter Reader (Permanent, Provisional, Temporary, Seasonal - (Insert One) Provisional (Appointment, Promotion, Non- Com petitive) - ( Insert One) Appointment Minimum, Intermediate, Maximum, Flat) - (In One) : at the: Minimum Enter Starting Salary) : Starting Salary of: $26,562.00 Schedule "A" LAST JOB TITLE: Laborer blame - - -(: Kevin Cannon LAST DEPT.: Police DA TE: 08/20/06 Address - - -[: 186 Goethe Street LAST SALARY: $ 22,000 City & Zip - - - C: Buffalo, New 'York 14206 Last 4 digits of S.S.N_: XXX --XX - 2231 LAST JOB TITLE : f Name -- - - [ : LAST DEPT. DATE : / — —_ / _r .Address --- ( : FAST SALARY: $� Last 4 digits of S.S.N.:XXX-XX- LAST JOB TITLE; Name - -- f: LAST DEPT.: DATE: / /� Address -- - - [: LAST SALARY: $ City & Zi[ --- [: Last 4 digits of S.S.N.: XXX XX _- _..__.. LAST JOB TITLE: Name - -- - [: LAST DEPT.:_ _ DATE: — / / Address - - - [: LAST SALARY: '$ City ­ & - Zip --- Last 4 digits of S.S.N.: XXX --XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE.' BUDGET ORG. CODE.: - BUDGET ACCT, OBJ..:- SALARY RANGE OF POSITION 411001 Proj ID $ 26,562 - $ 30,010 REASON FOR APPT. ABOVE THE MINIMUM: TITLE CODE NO.: 5300 PERSONNEL REQ. NO.: 2005 -154 PER: YEAR X DAY HOUR TYPE NAME OF APPOINTING AUTHORITY Joseph N. Giambra TYPE TITLE OF APPT, AUTH. commissioner � DATE SIGNLTURE OF APPOINTING AUTHORITY l �_� �; �A ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APPO'IfII'MENT — TE) 53003601 O THER COPIES TO: #5- COMPTROLLER #6- HUMAN RESOURCES /CIVIL SERVICE #7- B UDGET #8- DEPARTMENT #9- D IVISION #10- EMPLOYEF(S) ## 3 !Rev 01/02) Certificate of Appointment 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 person(s) named in Schedule "A" have been certified or approved by the Department of Human Resources /Civil Service for the Appointment Effective: August 21, 2006 in the Department of Public Works, Parks & Streets Division of Water to the Position of Meter Reader (Permanent, Provisional, Temporary, Seasonal - (Insert One) : Provisional (Appointment, Promotion, Non- Competitive) - (Insert One) : Promotion (Minimum, Interme Maximum, Flat) - (Insert One) : at the: Minimum (Enter Starting Sal : Starting Salary of: $26,562.00 Schedule "A" LAST JOB TITLE: Laborer Name - - - [: Kevin Cannon LAST DEPT.: Police DA TE: 08/20/06 Address - - - €: 186 Goethe Street LAST SALARY: $ 22,000 City & Zip - - -[: Buffalo, New York 14206 Last 4 digits of S.S.N.: XXX -XX - 2231 LAST JOB TITLE: Name - -- [: LAST DEPT.: DATE: /_/ Address LAST SALARY: $ City & Zip - - - Last 4 digits of S.S.N.:XXX -XX- LAST JOB TITLE: Name ---[: LAST DEPT .: DATE: Address LAST SALARY: $ City & Zip - --[: Last 4 digits of S. S. N.: XXX --XX- LAST JOB TITLE: Name - - - [: LAST DEPT.: DATE: Address --- € LAST SALARY: $ City & Zip - - - Last 4 digits of S.S.N.: XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE.: - 53003601 BUDGET ACCT. OBJ..:- 411001 Proj ID SALARY RANGE OF POSITION $ 26,562 - $ 30,010 REASON FOR APPT. ABOVE THE MINIMUM: TITLE CODE NO.: 5300 PERSONNEL REQ. NO.: 2005 -154 PER: YEAR X DAY HOUR TYPE NAME OF APPOINTING AUTHORITY Joseph N. Giambra TYPE TITLE OF APPT. AUTH. Commissioner DATE SIGNATURE OF APPOINTING AUTHORITY ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APP TMENT TE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN RESOURCES /CIVIL SERVICE 47- BUDGET #8- DEPARTMENT #9- DI VISION #10- EMPLOYEE(S) 113 (Rev 1 -02) � - Certificate of Appointment in compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of f3uil'a1o, I transmit this certification of appointntcnt(s) Of promotion(s). I further certify that the persons) stained in Schedule "A" have hcen certified or approved by the 11unian ResottrceslCivil Service for the Appointment l?#feetive: 07/31/2006 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 �Enter Starting; Salary) : Starting; Salary of $10.25 LAST JOB TITLE Sr 1st Cl Stationary Engineer NAME Richard M. Veroba LAST DEPARTMENT Buildings DATE 06/25/06 ADDRESS 24 Lester Street LAST SALARY $10.25 CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX - XX - 1423 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 BUDGET ORG. CODE 13296001 TITLE CODE NO 832.1 BUDGET ACCT. OBJ. 412002 PROD, ID PERSONNEL REQ. NO 2005 -31 SALARY RANGE OF POSITION $10.25 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM! NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE SIGNATURE OF APPOINTING AUTHORITY: Joseph N. Giambra Commissioner of Public Works, Parks & Streets 07/19/2006 UNIL31 VAL + 5 I OF t9 E U' U1 T 4Lr -Mfg tUrvlor r rrv" r vi�ir _wr 1 OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET 0- DEPARTMENT #9- DIVISION 410- EMPLOYEE (S) No. 000079 7 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. 93 (Rev 1-02) 0 Certificate of Appointment to compliance with provisions of Section 24 -2 of the Chartcr and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointnient(s) or promotion(s). I further cei:10 that the person(s) named in Schedule "A" have been certified or approve] by the Human Resources/Civil Service for the Appointment Effective:� in the Department of Public Works Division of Streets to the Position of Truck Driver Permanent, Provisional, Temporary, Seasonal (insert one;) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $27,646 LAST JOB TITLE Laborer II Seasonal LAST DEPARTMENT DPW LAST SALARY 8.16 hr. NAME Roderick Salter DATE 8106 ADDRESS 321 Hastings Ave. CITY & ZIP Buffalo, NY 14215 LAS 4 DIGITS OF SSN. XXX-XX -9971 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 BUDGET ORG. CODE 1000 TITLE CODE NO 6021 BUDGET ACCT. OBJ, 15030001 PROD. lD 411001 PERSONNEL REQ. NO 2005-145 SALARY RANGE OF POSITION $27,646 $30,793 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Joseph N. Giambra TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: OL31I06 SIGNATURE OF APPOINTING AUTHORITY 1� ' `y DATE L ORIGINRL + 3 CpPIES TO:1TY'CL ONIBEF RE APPOINTRAI =NT OTFIER COPfES TCT: #5 COMPTRC3LLER #6- HUMAN SERVICE$ /CIVIL SERVICE #7- 13UPOET fff #8 QEPARTMENT #9 ©IVISION #10 EMPLOYEE(S) C 48 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL, COMMUNICATIONS DOMINIC J. BONIFACIO, JR. NIAGARA DISTRICT COUNCIL M EMBER 65 NIAGARA SQUARE, 1504 City Hall BUFFALO, NY 14202 PHONE: (716) 851 -5125 t FAX: (716) 851 -4970 Email: dbonifacio @city- buffalo.com August 23, 2006 Gerald Chwalinski City Clerk City Hall, Room 1309 Common Council C it y of Buffalo MA J ORITY LEADER � CHAIRPERSON BUDGET BI- NATIONAL BRIDGE COMMITTEES COMMUNITY DEVELOPMENT FINANCE LEGISLATION LEGISL ASSISTANT CHRISTOPHER P. SAVAGE Re: Letter from NYS Assembly Member Sane Hoyt to U.S. Homeland Security Secretary Michael Chertoff �-SAR4 = y0,�; -,— . f3ititje Hear Mr. Chwalinski: Please file this letter from NYS Assembly Member Sara Hoyt to U.S. Homeland Security Secretary Michael Chertoff at the next meeting; of the Buffalo Common Council on Tuesday, September 5, 2006. Thank you for your cooperation. r my Yours, Dominic J. Boni io, Jr. Majority Leader Niagara District Councilmember W11:CPS - 08/08, 38 TU 14: 04 FAX SAM HOYT Asst ibymemtror 144TH IDistriet Room 454 U Iisiailve Offloa Building A any, New York 12240 (518) 4554886 7 AX (518) 455.4890 hot 30assembly.statemy.us General ronovan State Otfice Building 125 Main Street 8 lisle, New York 14203 (718) 852 -2785 7 AX (716) 852-2799 THE ASSEMBLY STATE OF NEW YORK ALBANY Michael Chertoff July '1, 2006 Secretary of Homeland Security U.S. Department of homeland Security Washington, D.C. 20528 Dear Secretary Chertof: 4-44 Bt1NIFACIO Q001 CHAIR Committee m oversight Analysis & nvestigatlan COd HAIR Taste Force oo ligh Speed Rail COMM TTEES Ways er d Means TransP xletlon Ern Ygy Tourism, Arts & S lots DeveloWont Ch yes ME& BER Puerto RkarMls lane Task Force As you are aware, the Buffalo and port Erie Public Bridge Authority (PBA) is currently undertaking a great public works project to construct a new bridge and plaza in the Buffalo, New York/Fort Erie, Ontario corridor. Currently the consultants for the project have indicated that they will recommend that the new bridge and plaza be built i a the existing corridor rather than one of the off-site options that were considered. While this project is of great importance to the region as a whole, it is of particular importance to me and to my constituents as the bridge: and plaza are located within the district that I represent. In the years that this project has been discussed marry issues have generated significant controversy, from the b 7dge design, to the crossing location, to the plaza configuration. However, there is one aspect of the project tha: has generated near universal support on both sides of the border: shared border management, by which is meant the relocation of most or all Homeland Security operations to the Canadian side of the border. Elected officials on both sides of the border, the PBA and their consultants, as well as community members and other stakeholders have voiced their support for this proposal. The primary reason for this near universal acclaim is that this option would address and resolve many of the most controversial issues. It is my understanding that although informal approval for the plaza options incorporating a shared btirdet management configuration has been given, formal legislative/legal approval for such remains pending. As yot can appreciate this uncertainty has placed the project in jeopardy and has hampered the Authority and the commuu ity's ability to select a specific plaza plan and move forward with submission to the Federal Highway Authority for their Record of Decision. This issue is of utmost concern to me, my constituents and the region as a whole, and I respectfully eneotuage your department to make a favorable decision on this request; and to do so quickly. The process continues to move forward, and without assurance of shared border management becoming a reality, the PBA will have no choice- but to pursue other less desirable options. An expedient and favorable decision will enable the PBA to focus - heir efforts on the plaza and bridge configurations facilitated by shared border management, and ensure the best outcome for this community. REFERRED TO THE COMMITTEE Iy COMMWNITY DEVELOPMENT. SAM OYT MBMBLR OF ASSEMBLY SH,sjmk cc: WNY Federal Del, WNY State Del, P. Koessler, Chair Public Bridge Authority () Printed on recycled paper. LPCiminelfi Memorandum To: Deputy City Clerk Gerald Chwalinski (3 copies) From: Program Packaging and Development Services (PPDS) Provider Date: August 8, 2006 Regarding Board Packet Documents 0 7 �O 6 Attached are the following documents from the August 7, 2006 Joint Schools Construction 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated July 10, 2006 3. Fully executed Phase It Application and Certificate for Payment No. 21 — June 2006 4. Phase II Application and Certificate for Payment No. 22 -- July 2006 5. Program. Packaging and Development Services (PPDS) Provider Update 6. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase tI Project --June 2006 7. Summary of Career Path Meeting of June 1, 2006 R `-Q 325 Delaware Avenue • Buffalo, New York 14202 ■ Telephone 716,566.3748 ■ Fax 716.566.3749 . www.fpciminelii.com The coundt City of Buffalo BRIAN C. DAVIS ELLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1408 BUFFALO, NY 14202 -3322 PHONE: 851 -4980 • FAX: 851 -6576 E -mail: brclavisOa city- buffalo.com August 2, 2006 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 : North Pearl Street Block Club I b Dear Mr. Chwalinski, COMMITTEES CLAIMS COMMUNITY DEVELOPMENT EDUCATION FINANCE LEGISLATION SPECI COMMITTEES AUD / STADIUM TASK FORCE ENERGY POLICE REORGANIZATION REAPPORTIONMENT Please file the attached item for further discussion at the next Common Council session. to be held. September 5,2006. Copies of the petitions can be found in the City Clerks office for review if necessary. 'Thank you in advance for your assistance in this mutter. Sincerely, Brian C. Davis Ellicott District Councilember Bed/it 11 "Communication is the key for a better tomorrow" NORTH PEARL STREET BLOCK CLUB 716 -885 -1993 Councilman Brian Davis Ellicott District City Hall Buffalo, NY 14202 July 24, 2006 Dear Councilman Davis: We have been having some major issues this summer with some Allen Street businesses, i.e., Cathode Ray (26 Allen Street), Q (44 Allen Street) and Adonias (20 Allen Street). All 3 of these buildings are owned by the same two individuals who actually also own and operate Cathode Ray. The other two bars are leased from the owners. Years ago this Block Club succeeded in getting Cathode Ray's (26 Allen Street) permit for an outdoor patio turned down. We knew at the time that they were not going to serve food on the patio and it would be used strictly for drinking. For the residents on the block this seemed especially annoying as the patio was going to be located on North Pearl Street instead of Allen Street, the commercial side of the business. While driving around the city, we have noticed that there are no other "bar" patios placed on residential streets. They have all been on the commercial side of the establishments. We are interested in finding out how the owners have increased the size of their patio every year and this year were able to put a larger awning over it. This awning is attached to the building and the patrons are using it as a smoking patio. It is our understanding that if the awning is attached, it is illegal to smoke under it. Also they owners this year put their flower boxes on the outside of the patio, thus enlarging it further. In previous years, the flower boxes were on the inside of the patio. Furthermore, the patio is used daily until 4:00 a.m. The noise from this patio is keeping residents on North Pearl Street awake most nights. Although there have been many 911 calls about the noise level, this is a low priority call and is seldom taken care of. When residents have approached the owners about the noise, they have done nothing about it. Adonias, 20 Allen Street, has a backyard patio that also faces North Pearl Street. The noise from this bar is as bad if not worse than the noise from Cathode Ray. Adonis has loud music at night inside the bar but leaves their back doors open so that it spills out on the patio. This on top of the patrons screaming is intolerable. There is also an echo effect which bounces off the parking lot which enters from North Pearl. Q, 44 Allen Street, was fought against two years ago for a backyard patio and again we won. At that time they were told to reapply with proper plans and have not. The building at 46 Alien Street is vacant and Q has taken it upon themselves to remove the fence that was between the two properties to enclose a side patio (without a permit). They are also using the front of this building as a parking area for their patrons. We have recently found out that 46 Allen Street if up for sale. A prospective buyer will not be interested with their driveway used and their side easement being used as a patio_ The patrons of this bar have been seen by residents of North Pearl using the front steps of 45 Allen to do drugs. They have also been seen littering and doing drugs in the back yards of homes on North Pearl near the corner of Allen. As homeowners on this block, we are very concerned about the decay of our quality of life that these three bars are providing us. We have shown a lot of improvement in our block in the past number of years, collectively residents have spent approximately $1,000,000 in refurbishing these homes, and are saddened by the issues that are being thrown at us. We would like to see some changes in the legal issues of these concerns: 1) Bar patio permits should be renewed every year and residents near the establishments should be made aware of the permit hearings. 2) Residential streets should not be used for patios for such establishments, including backyards of those establishments that face the residential street_ 3) Any patio that is within 500 feet of a residence should be closed at 11:00 p.m. or earlier and be under the same noise ordinances as everyone else. Thank you for your time and I look forward to your reply to this matter. Sincerely, i Mosgeller, Co -Chair 30 North Pearl Street CC: Mayor Byron Brown David Fronczyk Dominic J. Bonifacio, Jr. Michael LoCurto Richard Fontanta Antoine Thompson Joseph Golombek Jr. Bonnie E. Russell Michael Kearns Chief Donna Berry Richard Tobe Judge H. Nowak Allentown Association Martin Kemp REFERRED TO THE COIMMITTEE ON LEGISLATION, THE COMMISSIONER OF EDPI AND THE CORPORATION COUNSEL BRIAN C. DAVIS ELLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1408 BUFFALO, NY 14202 -3322 PHONE: 851 -4980 • FAX: 851 -6576 E -mail: brdavis@city- buffalo.eom August 21, 2006 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 130 Mortimer Street Dear Mr. Chwalinski, r � COMMITTEES FINANCE, CHAIRMAN BUDGET CLAIMS Please file the attached item for further discussion at the next Common Council session to be held September 5, 2006. Thank you in advance for your assistance in this matter_ Sincerely, Brian C. Davis Ellicott District Couricilmember Bed /il REFERRED TO THE CITY CLERK AND THE COMMISSIONER OF PUBLIC wait O,( GOL % f KOO The Counci Y 083 CITY OF BUFFALO "Communication is the ley for a better tomorrow" CITY OF BUFFALO BRIAN C. DAVIS ELLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1408 BUFFALO, NY 14202 -3322 PHONE: 851-4980 • FAX: 851 -6576 E -mail: brdavis@3city- buffalo.com NO'F ICE OF HAZARDOUS COND111.0N Date: To: Gerald Chwalinski, City Clerk 1308 City Hall Buffalo, New York 14202 From: Brian C. Davis, Ellicott District Councilmember 1408 City Hall Buffalo, New York 14202 Dear Mr. Chwalinski: ,ob COMMI'T'TEES FINANCE, CHAIRMAN BUDGET CLAIMS I am contacting you to notify the City of Buffalo about a hazardous condition in nay community. The exact address of this hazard is: Tree that needs to be trimmed o ircle one) Raised or damaged sidewalk Pothole Other (Please explain on ether side of the form) (over) "Communication is the key for a better tomorrow" BRIAN C. DAVIS ELLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1408 BUFFALO, NY 14202 -3322 PHONE: 851 -4980 - FAX: 851 -6576 E -mail: brdavis@city- buffalo.com August 2, 2006 TO Council �� �� I City of Buffalo CO MMITTEES CLAIMS COMMUNITY DEVELOPMENT EDUCATION FINANCE LEGISLATION SPECIAL COMMITTEES_ AUD I STADIUM TASK FORCE ENERGY POLICE REORGANIZATION REAPPORTIONMENT Gerald Chwalinski, City Clerk 1302 City ball Buffalo, New York 14202 I: West Side Market 255 Carolina Street Dear Mr. Chwalinski, Please file the attached item for further discussion at the next Common Council session to be held September 5,2006. Copies of the petitions can be found in the City Clerks office for review if necessary. Thank you in advance for your assistance in this matter. Sincerely, Brian C. Davis Ellicott District Councilmember Bcdlil REFERRED TO THE COMMITTEE I-Ile A LEGISLATION Go rat rrt , 0 1- J "Communication is the key for a better tomorrow" Timothy L. & LouiGe M. Jones � P.O. Box 77 0 t Buffalo NY 142 01 -077 0 July 28, 2006 TO WHOM IT MAY CONCERNS A phrase was resurrected on the PBS "News Hour" during the 1992 Presidential campaign, and has been used frequently since then for all politicians "PERCEPTION IS RFALITY;" i.e., if one is pprceivnd to be dishonest, ineffectual, or uncaring, then one mi_ht as well be. Fair or not, labels will stick until the candidate or incumbent can chance that impression. Such a perception has been .rife in this community since the West Si_dp Market (WSM) was permitted to reopen last year. We are fairly recent newcomers to Buffalo, and lave on Carolina Strut acro-s from the WSM. We've lived here long enough to know that it had been a magnet for crimp, a harbor for criminals, a fe °dirt_ trough for alcoholics, and a haunt for the morally corrupt. We also wire surprised that the problems as.sociatnd with the WSM ceased to exist (100 %) within three days after closing. The reopening of the Market led to several. qu�sti Why was more weight given to the financial interests of one business than to the financial investments of some 80 homeowners and their families, as well as the working --poor renters who wanted it closed? Why was more weight given to the tprtimony of the owners of the WSM than to that of a police Lieutenant and Captain, and social workers, who argued against reopenin_? Why the h:�ari.ng closed to residents, permitting them a chance to speak /wh in a 2- minute limitation? Why were the tapes from the mpetin_ conveniently lost (reminiscent of the Watergate tapes) when the transcripts were requested to use in filing a lawsuit against the city for the reopening? ( "Lost" in the sense that the recorder "malfunctione?. ") Why would city officials designate the West Villa_�e an area designated for revitalization, and th=in make a decision that would take this ne i_hborhood tin tens backward in that plan? It was then that the whiff of impropriety b:;gan to circulate in the Nest Side Village. After r,- :silr�nts her`' outral ov the decisi to r nt)p? ! the NS&I, a m -eting was hold at D'Arcy McGjee's between members of this community (none were there to speak for the `ISM) and members of social agencies a_rpeins to thfY cause and Pilr. Abubaker (aka. Alhogobi_e) and hip= representatives. The m was monitored by a Council M ?mbpr. The press was present (see attached) and this time, tape recorder did f unction. The longr and the short of it is that the store was allow!J to reopen with the stipulation that they hire a guard, and th3y a.;rehd to comply. The problems that had flared up briefly =iiminished, and the community was satisfied. It did not take long for r'�:.idents to notice that th?r- :vas no longer guard at the WSM. We from a trio in Junek ..nd notic an i.ncr�a,e in acti �rit y. The owner claimed that a CokAnc .l :flem b ,, .a. < « , iim f rom tlt1- obl i.nation to ha ve a g fh wa s at fi dl, b ° sie the community had not been consulted or nntified. but thin ""or' questions surfaced, and th- whiff of impropriety be,-,an to turn into a st-;­nch. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF EDPI .j It seemed unlikely that seemed confident in mak `Where wero denials, but quandary. We had hoped on July 3rd at District Ir. Abubaker would make such a move -_and he q ing this move -- without offic authorization. members of this community w ore left in a that wo would learn the truth at a meeting B, but fair. Abubaker failed to show. The meeting itself led to morn doubts. Residents and police testified about the resumption of activities by cr;i,minals, alcoholics and the like. This testimony had previously boon accepted at last year's hearing about closing the WSM. And a City Court Judge who was present on July 3rd stated that the testimony of reputable citizens should be sufficient to take action. Yet at the meting on July 3rd, we were told this was "not enough," without beingyPIT94 li.nes as to what would be enough. The word "proof" was mentioned, without guida lines as to what that might be. A camera was installed in our home to monitor activities (particularly of the inebriated customers who go back into the store to purchase more liquor. even though this is illegal), but has not been working properly. We gave thou4ht to purchasing a more expensive camera, but would it be worth the effort if the reoults awe not enough? And who determines that? Hns it alreadV been determined? Several community members have refused to write about this subject, and we were also reluctant, because most of us feel that the future of the WSM has already been predetermined by a person or persons. at City Hall, and we all know the old adage that says, , *You can't fight City Hall." The problem for city officials is that that leads to speculation as to why we have no chance or choice in this matte We have reasonable questions, and they beg an answer or answars. After all, if the owners of th WSM were not told they could be roloasod from the agreement to hire a guard, why is a guard not at the Ptorn? It doesn't seem to be more complicated than that. Why was the store's license renewed, without knowledge of or input by, the community? i:veryone concerned knows that this has boon �-) volat i-le irSul in the Wept S ide V llag,o . If we have our suspicions, including that bribery may have boon involved, then we have been given reasons for those suspicions. Perception has indeed become reality- Tim x L ou _i i i neq Attachment Distributions 3yron Brown, 3rian C. Davis, Dominic Bonifacio, Joseph ao.lombek, Nicole ilrye, Richgrd 'robe, Gregory Heeb, Mary 'Zi.zzo, State Liquor Authority 44q THE BUFFALO NEWSI SUNDAY, SE'rr'E,vrBEr_ 25, 2005 B8 LOCAL NEWS West Side st;r o problems BY MARK SOMMER NrWS STAFF REPORTER The owner of a West Side store has told skeptical neighbors he is prepared to shape up or ship out Activities outside West Side Market, 255 Carolina St. at John- son Park, were the subject of a sometimes heated 75- minute meeting that Ellicott Council Member Brian C. Davis convened Saturday in Darcy McGee's. Many of those who attended were members of West Side Vil- lage Renaissance Group, a neigh- borhood organization. The market, which has been closed since July 22 because its li- cense had expired, is scheduled to reopen Monday. Mary R. ZizZO, supervisor of licenses, reissued the license despite her findings that the store had been a magnet for drugs, fights, gang activity and excessive noise and loitering. The meeting focused on condi- tions Zizzo had imposed for the li- cense, including installation of se- curity cameras, hiring of security personnel and the owner's pres- ence at neighborhood meetings. Aluned Alhogobie, the owner, said he had been unaware of drug activity around the store, but ac- ,mowledged problems, especially loitering, over which he said he had little control. "I know it's a problem. It's not good for us, and it's not good for the neighborhood," Alhogobie said. Mohamed T. Albanna of the Amb American Merchants Asso- ciation, which claims 130 mem- bers, pledged the organization would apply pressure on West Side Market, if necessary, to ad- here to its obligations. "We are going to make sure that whatever [Alhogobie] is com- mitting to you, and whatever the problems are, you call me or the councilman, and it will be taken care of. He will not get to this point any more," Albanna said, Residents urged a bass on sell- ing single bottles of alcohol before 9 a.m., which some contended contributed to public drunken- ness. Alhoqobie said he thought that might violate the rights of his cus- tomers, but Albanna suggested investigating the idea. 'The Herman Badillo school is just a little over 200 feet from the store, and lids go trooping by and are exposed to these characters," said Marilyn Rodgers, the neigh- borhood group's director. "That's just one of many problems. We have approached the store on many occasions, and nothing ever changes." Residents expressed concern after Allogobie revealed he in- tended to hire someone reputed to have threatened neighbors crit- ical of the market as a security guard. Alhogobie then agreed to WE an off -duty police officer or securi- ty guard from a reputable agency Anne Gareis, one of the people who claimed to have been threat erred, said residents would re main vigilant while hoping for the best. "I'm skeptical but I'll remaix open - minded," Gareis said. Alhogobie predicted thing; would be better. "I'm alway, hopeful for a fresh start and nev beginning. I don't have any prob lem with these people." A follow -up meeting will b4 held in two weeks to see how the reopened store is faring. Davi said he believed the loss of in come would be an incentive t, remedy past problems. If not, he said, he stood read to take action. "What I'm suggesting to [A: hogobie] is, we have your wort and we are going to trust that ya are giving your word," Davis tol those in attendance. "But understand something We do have a hammer On th Council, and if we have to use it t have another administrativc hea ing, that's what we will do." e- amid: msamanez• @�cJ�nei�s.com Charles Lewis /Bunato trews The owner of date West Side Market at 255 CarolinaAve. vows to do what he canto keep the store orderly when itreopens Monday. B C. DAVIS ELLICOTT DISTRICT COUNCIL MEMBER. 65 NIAGARA SQUARE, ROOM 1408 BUFFALO, NY 14202 -8322 PHONE: 851 -4980 ® FAX: 851-6576 E -mail: brdavisbcity- buffaloxom August 31, 2006 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 1.4202 A e: buffalo Academy of Science Charter School Dear Mr. Chwalinski, COMMITTEES FINANCE, CHAIRMAN BUDGET CLAIMS Please file the attached item for further discussion at the next Common Council session to be held September 5,2006. Thank you in advance for your assistance in this matter. Sincerely, Brian C. Davis Ellicott District Councilmember Bedlil R �! MMITTEE REFERREDI TO ON L SLATION i e vi ; "Communication is the key for a Metter tomorrow" Tbe counr CITY OF BUFFALO F of Science: Charre, School August 21, 2006 Joseph Giambra Commissioner, Public Works, Parks & Streets 502 City Hall, Buffalo, NY 14202 Dear Mr. Giambra, Buffalo Academy of Science Charter School will be located at 190 Franklin St, at the building formerly known as the "YWCA Building" We would like to have the parking meters removed and replaced with "no parking" signs as we will have school busses unload students on Franklin St. in .front of the building starting September 5, 2006. The school Muses will be bringing students starting at 7 :40AM and will continue bringing students throughout the day for physical education classes. The students will be picked up by 3:30PM the latest. Please let us know if you need any further information. Academy of Science School cc: Bryan Davis Councilmernber of the District 15 Jewett Pkwy., Buffalo, NY 14214 m Phone: (716) 446 -5681 ® Fax: (716) 446 -5682 w www.bascs.org ANDREW M. ESGAK, A{CP e47e]{Plcl�S�aFtE:R County of Err JOEL. A. GIAMBRA COUNTY EXECUTiVL DEPARTMENT OF ENVIRONMENT & PLANNING August 29, 2006 Mayor Byron Brown 201 City Hal[ Buffalo, NY 14202 Council President David A. Franczyk 1315 City Hall Buffalo, NY 14202 Gerald Chwalinski, City Clerk 1308 City Hall Buffalo, NY 14202 V AO� t; General Municipal Law 239 -m Referral for Casino Related Actions / Gentlemen: On behalf of the County of Erie we appreciate the Common Council of the City of Buffalo forwarding an Environmental Assessment Form for our review pursuant to Section 239 -m of the General Municipal Law concerning the City's permits, funding, and approval actions to serve the Seneca Gaming Corporation's (or some other undisclosed entity's) desire to build a casino and parking ramp with ancillary structures and uses which may or may not include retail shopping, restaurants, hotels, office space, and other activities. The intent of the 239 -m review is to bring pertinent inter - community and county -wide planning, zoning, site plan, and subdivision considerations to the attention of neighboring municipalities and agencies having jurisdiction. Such review may include inter - community and county -wide considerations in respect to the following: (a) compatibility of various land uses with one another; EDWARD A. RATH COUNTY OF=FICE BUILDING - 96 FRANKLIN STREET - BUFFALO, NEW YORK 14202.3973 - (716) 858 -3390 - FAX: (716) 85B -7248 - www.orip..gov qq /� ) (b) traffic generating characteristics of various land uses in relation to the effect of such traffic on other land uses and to the adequacy of existing and proposed thoroughfare facilities; (c) impact of proposed land uses on existing and proposed county or state institutional or other uses; (d) protection of community character as regards predominant land uses, population density, and the relation between residential and nonresidential areas; (e) drainage; (f) community facilities; (g) official municipal and county developmental policies, as may be expressed through comprehensive plans, capital programs or regulatory measures; and (h) such other matters as may relate to the public convenience, to governmental efficiency, and to the achieving and maintaining of a satisfactory community environment. In order to commence the review the referring agency was required to provide: "all materials required by and submitted to the referring body as an application on a proposed action, including a completed environmental assessment form and all other materials required by such referring body in order to make its determination of significance pursuant to the state environmental quality review act under article eight of the environmental conservation law and its implementing regulations...." See General Municipal Law Section 239- m(1)(c) (emphasis added) The magnitude of the Casino project, and the significant change in allowable land usage being facilitated in immediate proximity to major inter - municipal and inter - governmental capital projects and other State and County resources and initiatives, requires careful evaluation of its potentially devastating impacts through a coordinated review prior to any municipality taking any further action to facilitate the Casino project. Unfortunately our mandatory review pursuant to Section 239 -m is frustrated and rendered impossible to complete because we are not in receipt of the full statement of the proposed action so as to trigger a meaningful review. The 39 -day comment period afforded the County does not begin until the record is complete. The Environmental Assessment documents which were forwarded to us are facially, and substantively incomplete and deficient. The implementing regulations to the State Environmental Quality Review Act provide that: 0 "a properly completed EAF must contain enough information to describe the proposed action, its location, its purpose, and its potential impacts on the environment." (6 NYCRR 617.2 (m)) Our initial review indicated that the EAF was incomplete on face. The document fails to describe the "owner" of the project or provide an adequate project description containing the purposes of the action so that the potential impacts could be evaluated. The ownership of the Project being facilitated, particularly where it may be an entity who will consider itself exempt from all police powers, and other public health, safety and regulatory controls is a significant omission. If the City is facilitating the development of land whose owner may claim that it is beyond future land use and other controls, laws, rules and regulations, then the impacts of the City's approving, funding or permitting actions must be identified. Attempting to separate the action from the purpose and effect of the action does not meet the minimum requirements of SEQRA. The EAF itself attempts to rely on documents not provided to the County for its review as required by General Municipal Law 239 -m (1)(c). In answer to the question, "Will a proposed action result in the generation of traffic significantly above present levels ?" The applicant answers, "A traffic impact study regarding the action will be supplied ". The traffic generating characteristics of the project are one of the fundamental subjects of the inter - governmental review (see Gen. Mun. Law Section 239 -1 (2)(b)). However, the mandatory information to consider the impacts on the local land use appears intentionally omitted. The EAF is completely devoid of any estimates of the number of visitors and workers intended to be brought to the site on a daily basis, and an analysis of the infrastructure capacity in the area. The impact of the increased traffic running over residential streets through a housing complex for low income persons is not even identified. Consistent with the failure to define the Project so as to render possible a meaningful review of the environmental impacts of the Project is the absence of any reliable descriptions of the scale and mass of the buildings and structures to be built. Professionally certified drawings, committed to by the Project owner as what will be built is needed before any reasonable reliance may be made on the documents. Professional drawings are also required to assure basic code compliance so that the lives of the public, and first responders are not placed at risk by the structures. The abstract sketches provided as attachments to the LEAF do not lend themselves to a professional analysis of the likely impact on the environs of the host communities. Also critical to the 239 -m review is a commitment as to the future land usage being facilitated and /or allowed. Our first duty is to review compatibility of various land uses with one another (see Gen. Mun. Law 239- 1(2)(a)). No government should be permitting, approving, or funding actions which will lead to the development of incompatible land uses. We will need reliable details of what will be built in order to discern the impacts on surrounding land usage. Based upon the foregoing it is the determination of the County Department of Environment and Planning that we are not in receipt of a full statement of the proposed actions so as to permit a meaningful review of the Project. Accordingly we are rejecting the referral as incomplete. Upon submission of a complete statement with all required documentation we will commence our review of the Project. qd The preliminary comments submitted in this letter are made pursuant to General Municipal Law Section 239 -1 (3) and should in no way be construed as the completion of the review required under 239 -m for the Project which may have significant and adverse impacts county -wide, and upon county and state projects and infrastructure.. Respectfully, Andrew M. Eszak, AICP Commissioner Erie County Department of Environment and Planning C: Richard M. Tobe, City of Buffalo Commissioner of Economic Development, Permits, and Inspections Christopher S. Pawenski, Erie County DEP REFERRED TO THE COMMITTEE e FINANCE, Co.,, otL L o P 1 r 4�p SITE PLAN OR ZONING REFERRAL TO COUNTY OF ERIE, N.Y AND REPLY TO MUNICIPALITY ( no NOT tnllt.lTE JN ' UHIS SPA(1 F Note: Please complete in triplicate. Send original and one copy (with attachments) to (`use No.: 6 Erie County Division of Planning, Room 1053.95 Franklin Street_ Buffalo, N.Y. 14202 lZctain asst cope for your files- Received: I _ � 1 `' T --c- The proposed action described herein is referred in accordance with the provisions of the General Municipal Law, which provides that it' no reply is received in 30 days after receipt of full information including a SF'QR FAF if applicable, the municipal agency may take total action without considering such reply. If, however, reply is received at any time prior to municpal action, such reply must be considered. Description of Proposed Action 1. Name of Municipality: City of Buffalo 9/06 To be determined Council Chambers 13th floor 2. Hearing Schedule: Date Time Location 3. Action is before 4. Action consists of: ❑ Site Plan 5. Location of Property: 6. Referral: required as site is within 500' of: E] Legislative Body ❑ New Ordinance 0 Variance Entire Municipality State or County Property /Institution El Board of Appeals ® Planning Board r" Rezone /Map Change Ordina ce Arnendm t �1 �t oFT.12 mile Special Use Permit ® Other sEctim of R tcrl St., sale of s, infra- 0 Specific as follows sUi tune inFrwarslts ar t related utility (I,Lxa iw>>Skcich Map Required) Rilton St. ) lull Ndugan and K)n� " environs Municipal boundary Farm Operation located in an Agricultural District Expressway County Road ® State Highway Proposed State or County Road, Property, Building/ Aherdm section of Fl.11.ton St. and, Institution, or Drainageway abandommt, sale of saw to Sa�eca� C laoration or a subsidiary 7. Proposed change or use (be specific): tlIEreof (" fl duFe to reflect sue); xfrastrilx>e hitzavancrits on 8. Other remarks: (ID #, SBL #, etc.) utility r ovations (all as more particularly de�cnb d in hAF" ap 9. Submitted by: City of Buffalo Ca - mm Crxmil<,. Paul Wulf, Esq., Ccxx 1, to CCmTm C July 28 200 (Name Fc Ti5te) � [L]atc) 1300 City Hall, Buffalo, New York 1/ 202 0 '. , ( f (Mailing Address - Please include zip axle) Reply to Municipality by Erie County Divisions of Planning Receipt of the above- described proposed action is acknowledged on The Division herewith submits its review and reply under the provisions of applicable state an d locallaw, 6 on the information submitted with this referral. 1. []The proposed action is not subject to review under the law. 2. ❑ Form ZR -3, Comment on Proposed Action, is attached hereto. 3. The proposed action is subject to review; the Division makes the recommendation shown on Form ZR -4, Recommendation on Proposed Action, which is attached hereto, 4. ❑ No recommendation; proposed action has been rev ed and determined to be of local concern. By the Division of Planning: C- Date: - �L , 7W1 ECDEP12/95 t ev. August 22, 2006 00006 Lucy Frasca 800 West Ferry, 5B Buffalo, NY 14222 The Honorable Byron Brown Mayor, City of Buffalo , 65 Niagara Square, Room 201 Buffalo, NY 14202 � ', UL -J Dear Mayor Brown: Recently, Kelly McCartney and Officer Chuck Lovert responded to a telephone call I made to the city shelter regarding a dog that had been kept on a short chain throughout the summer. After spending hours (often a continuous 24 hours) without food and water the dog would begin to cry which brought him to the neighbor's attention. After repeated efforts to educate the family by the city shelter, the dog continued to remain on the two foot chain in the back yard without shelter, food or water. Finally, through the efforts of Ms. MCartney and Officer Lovert the dog was surrendered. The dog, whose new name is Abner, now lives in a wonderful foster home where he is being pampered, petted, walked, fed (he was approximately 30 lbs under weight) and given shelter from the elements. This opportunity would have never become available for Abner had it not been for the diligent interventions, assistance and compassion of Ms. McCartney and Officer Lovert. All too often we write about negative staff performance. I feel it is important that you know of the positive efforts of your staff and I wish to thank them for all their efforts. Sincerely, Lucy jFrac Cc: Steven Casey, First Deputy Mayor City Clerks Office Buffalo Common Council Kelly McCartney, Buffalo City Animal Shelter Chuck Lovert, Animal Control Officer RECEIVED AND FILED Honorable Mayor Byron Brown 201 City Hall Buffalo, NY 14201 Dear Honorable Mayor Brown: 000088 August 13, 2006 Please allow me to introduce myself my name is Gregory Hopkins, owner of Gold Spring Taxi Company in Buffalo, New York. Recently we attended the Buffalo Taxi Cab meeting in City Hall of Buffalo, and to our surprise the City of Buffato taxi cab committee went in front of the Common Council of Buffalo to petition that every taxi cab companies rates that are governed by the city of buffalo and all rates in buffalo be advertised as the same rate for all companies and not allowing any form of discount to low income or poverty stricken families that need transportation. The taxi cab industry has multiple ways of retaining revenue one in particular is to have a general community customer base. The second way is to have grants and federal funds such as Medicaid, VA Red Cross etc. We as Cold Spring have been proud to serve our community since 1985. Since then we have become a strong leader in the taxi cab industry. The rates that we have charged over the years has been what we feel is fair to a community without constantly taking from the community but being able to give back. The way that our company has given back to the community is by our drop rate of $1.80. When the gas prices began to rise the other taxi companies petitioned the City of .Buffalo to add $.50 to the $1.80 which brought the price up to $2.30 just to step into a cab. We at our company felt that that was not a beneficial resolution because of the clientele, so we left our rates at $1,80. Since the $2.30 rate increase the other taxi cab companies petitioned the Common Council for an additional five cent (5) rate on the drop per 1/6 of a mile which at this present time is forty cents (.40) per I/6 of a mile. The $2.30 drop rate to enter the vehicle is not only one of the highest in the state, but also in the country. For these prices to continue the community as a whole which does not have federally funded transportation or can not receive a discount is suffering. In this time of economic change where the revitalization of buffalo lingers between job loss and restructuring of Buffalo the community base that we serve should not have to be subject to dictatorship of transportation company owner's greed. We would kindly appreciate direction in this matter so that we would be able to have our rates accommodate our cliental by either a multiple discount rate or by having the other companies bring their drop rate down to $1.80. The greed of some taxi companies will dissolve the industry to a monopoly and price themselves out of business. We don't feel that the business moves of other companies should dictate the future of our company. At this rate of change I wonder what's next from our competitors, the permission to ask the common council for another raise. Your time and consideration in this matter is greatly appreciated. Sincerely, REFERRED TO THE COMMITTEE LEGISLATION. � Gregory Hop ins Owner (716) 884 -0347 l� August 29, 2006 2006 Board of Directors Barry Boyer Councilmember Michael P. Kearns Michael Calanan City of Buffalo Common Council Thomas DeSantis City I [all -Room 1401 Buffalo, New York 14202 Paul oyster Michael Hamilton [d Y eal' Cou ncilman Kearns: Ryan McPherson l, Richard Roach 'Thank you very much for OICetirrg with U.S to discuss the status of t'etllediation of the Lynda Schneekloth Buffalo and N iagara Rivers, and proposed redevelopment ofthe Outer Ilar'bor. Margaret Wooster We would very scud/ like to accept your invitation to present information related to the City of Buffalo's waterfront at the next Waterfront Development Committee meeting. Due to the volume of activities and depth of information to be covered, may we suggest and/or request participation at multiple meetings? ExQrulive Director Please include us on the agenda for the next electing and we will be prepared to discuss a Julie Barrett O'Neill "Citizen's Vision for Outer Ilarbor Re- Development and the Niagara River Clreenway. We would be pleased to participate in future meetings to also discuss the following: n Buffalo River Fnvironulental Dredging of Contaminated Sediments o Buffalo River Remedial Action Phan 2006 Support from o Buffalo River Greeriway RIVERKEEPER Members a Brownfield Opportunity Area efforts and Donors o Combined Sewer Overflows U.S. EPA Great Lakes National Program Orrice It you need any more information 'fi•orn us prior to the meeting, please contact either Margaret US Fish and Wildfire Wooster or myself at the Riverkeeper office at 852 -2483, or email us at either ----- o@.i 1rv_erke e�e .of g, or�cc eep er_2r . Foundation 3r€w oster ... _ N.Y S, Council on the Arts Sincerely, Margaret Wooster Jill Spisiak Jedlicka Acting Executive Director Buffato River RAP Coordinator REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT ° uV oa� - ov col?1 �.- rr,t 617 Main Street I Buffalo. NY 14203 1 tel: 716,852.RIVER I e -mail: info(cbBN Rive rkeeper.orq I www.BNRIVerkeeDer_Drq 19be Nuffato curstbtt couruiC MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 MAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (715) 851 -5169 4 FAX: (716) 851 -4294 E -mail: mkeams@city- buffalo.com 000 - .)D September 1, 2006 Mr. Paul Gajewski Buffalo Police Headquarters 74 Franklin Buffalo, NY 14202 Room 239 Dear Mr. Gajewski: !LHAIRMAN CLAIMS WA DEVELOPMENT COMMITTEES CIVIL SERVICE EDUCATION FINANCE LEGISLATIVE ASSISTANTS JOY M. PENDtRS MARD MURPHY Since assuming; the office of South District Council, I have conducted regular meetings with neighborhood block clubs, community groups, and residents to review police issues. These meetings have focused on Quality of Life issues and the responsibility of residents to assist police officers by reporting; violations. On the night of Sunday, August 27th, numerous residents of Arbor Lane called 911 to report problems at 15 Arbor Lane. Buffalo Police officers were quickly dispatched to investigate the disturbance. Out of coincidence, I personally witnessed District A Police; Chief, :fames Shea and his officers' response to this call, and can attest that all times proper rules of professional conduct were observed by officers at the scene. Pursuant to this incident, District -A Community Police Officer Anthony Lebron called a meeting between District -A police officials and concerned residents. At this meeting;, the aforementioned incident was reviewed and the response of District -A Police Officers was assessed. Although, numerous residents purport to have called 91 to report the incident at 15 Arbor Lane, Buffalo Police. Department records show that only four calls were received. Residents in attendance at this meeting were shocked and appalled that their emergency calls had gone unreported. I firmly believe that a thorough investigation of this incident is in order, and that the City of Buffalo's current procedures for handling 911 emergency calls need to be reviewed. This letter is being filed with the Common Council, and you will be invited to appear before a Committee to discuss these issues in greater detail - 'Tor the 'sale "" �D72 � - �" , 'III) Page: Z Please do not hesitate to call my office if you have questions, and I thank. you for your attention to this matter. Sincerely, Michael P. Kearns South District Council Member Cc: II. McCarthy Gipson, Commissioner of Police Byron C. Lockwood, First Deputy Police Commissioner .lames P. Shea, District -A Police Chief REFERRED To THE COMMITTEE CAN LEGI Lf FION, c.z�Y' . q�� August 1.0, 2000 Councilman Richard. Fontana 65 Niagara Square City Hall Buffalo, New York 11202 Deal council Fontana: Perhaps you can help me as 1 assist nay clients in an effort to move forward with the potential sale or development of their land located at 11.7 and 120 Fenton Street in the City of Buffalo (see enclosed tax data). I believe you have dealt with one of the owners, Dorothy Pasternak (Zembaty), on prior occasions. These subject parcels are located at the dead end of Fenton Street between the end of the street and the Buffalo River. The owners wish to purchase a paper street, which divides the two parcels (see enclosed tax neap for reference). We have dealt with John Hannon, Jr. and he stated it would be best to go through your office first. As you can see by the maps, the acquisition of the paper street will better allow 1 clients to either sell off the existing parcels or develop it themselves. I look forward to a call from your office with some direction as to how we can formally approach the City to possibly acquire this narrow strip of laud, Thank you in advance for your attention in this matter. Sincerely yours, 1 j s James E. Knight M.J. Peterson Commercial Real Estate cc. .ferry and Dorothy Pasternak nx� FERRED TO THE COMMITTEE ON FINANCE AA" COMMISSIONER OF EDPI I C_ vim. �'� ��s ?4� � 501 Jolm James A«dLibm Parkway ® Amlici:st, Meg York 14228 Phone: 716/689 -4155 • Fax: 716/689 -4329 s injpcomm.ercial.com Real Estate Cot me)vial Divis BU11,DER • REA1,TOR - DEVELOPER • PROPERTY MANAGER ; zfiiv.ttiIdUt)i7 iC.esujis 2ss: 120 FENTON Municipality: CITY OF BUFFALO Jwner: PRZ ENTERPRISES INC Tax / Map Acct #: 123'580 -0003- 003.0000000 Owner 2: Print ley: 123.58 -3 -3 finer Mailing: 10 NASH AVE Deed Book / Page: 10181 100027 WEST SENECA, Sub Div: NY14206 ml_a_se_ss. Data Tax I Map Acct #: 1 23.580 -0003- 003.0000000 otal Assessment: $6,000.00 Land: $6,000.00 Old Assessment: $0.00 _ies _fnfc rmaCion._. les Price: Sales Date: Grantor: 5,000.00 06/01/1990 ZEMBATY THEODORE, 5,000.00 06/01/1990 ZEMBATY,THEODORE Page 1 of 1 Town Swis Code. 140200 All 0 School Dist: BUF CITY qy School Code: 140200 Phone Number: Uses As 1: Uses As 2: No. Of Bldgs: Residential Units: 0 Exterior: Garage: 0 Nurnber Stories: 0.0 Total SgFT 1: 0 Total SgFT 2: 0 Total SgFT 3: 0 Total SgFT 4: 0 Lot Size: 180 X 101 School Tax: $76.08 County Tax: $30.78 actual City Tax: $0,00 Account #: Deed Book / Page: Deed Type: Deed Valid 10181 / 00027 10181100027 W 1 ARMS Length: :/hand- lietace.no( /Scripts /foxweb.exe-/land net /i)ewpj ?star - (at =l &1ogiiil= nljl)eoni &l<cy -6191 S&,... 6/14/2006 Misc: i~ruct ral Cha_ ra_cfe.ri Bldg Sq Feet: 0 Built: 0 1 st Floor: 0 Story Height: 0 2nd Floor: 0 Heat: House Type: Fireplaces: 0 Bedrooms: 0.0 Fuel- Bath: 0.0 Water: PUBLIC Basement: Sewer: NONE 3asement SF: 0 Utilities: GAS & E=LEC Improve 1: Size 1: Q X 0 Improve 2. Size 2: 0 X 0 Improve 3: Size 3: 0 X 0 Improve 4: Size 4: 0 X 0 m Characteristics Acreage: 0.00 Land SgFt: 0 Class Code: 311 Class Name: VAC RESDENTIAL SITE _ast 1 Longitude: 0440417 1 - 78.805578 North / Latitude 1044098 / 42.865440 ml_a_se_ss. Data Tax I Map Acct #: 1 23.580 -0003- 003.0000000 otal Assessment: $6,000.00 Land: $6,000.00 Old Assessment: $0.00 _ies _fnfc rmaCion._. les Price: Sales Date: Grantor: 5,000.00 06/01/1990 ZEMBATY THEODORE, 5,000.00 06/01/1990 ZEMBATY,THEODORE Page 1 of 1 Town Swis Code. 140200 All 0 School Dist: BUF CITY qy School Code: 140200 Phone Number: Uses As 1: Uses As 2: No. Of Bldgs: Residential Units: 0 Exterior: Garage: 0 Nurnber Stories: 0.0 Total SgFT 1: 0 Total SgFT 2: 0 Total SgFT 3: 0 Total SgFT 4: 0 Lot Size: 180 X 101 School Tax: $76.08 County Tax: $30.78 actual City Tax: $0,00 Account #: Deed Book / Page: Deed Type: Deed Valid 10181 / 00027 10181100027 W 1 ARMS Length: :/hand- lietace.no( /Scripts /foxweb.exe-/land net /i)ewpj ?star - (at =l &1ogiiil= nljl)eoni &l<cy -6191 S&,... 6/14/2006 3' 1111(a "Jalion Results Jperty..Descripfrc_n._ ass: 117 FENTON Municipality: CITY OF BUFFALO Town Swis Code: 140200 _jvvner: PRZ ENTERPRISES INC Tax / Ma Acct #: 123.580-0004 - Map 006.0000000 School Dist: BUF CITY Owner 2: Print Key: 123.58 -4 -6 School Code: 140200 ,ner Mailing: 10 NASH AVE Deed Book / Page: 10181 1 00027 WEST SENECA, NY14206 Soh Div: Phone Number: Misc: trl.lPULr l liar Ct0sti,c - Bldg Sq Feet: 0 Built: 0 Uses As 1: 1 st Floor: 0 Story Height: 0 Uses As 2: 2nd Floor: 0 Heat: No. Of Bldgs: House Type: Fireplaces, 0 Residential Units: 0 Bedrooms: 0.0 Fuel: Exterior: Bath. 0.0 Water: PUBLIC Garage: 0 Basement: Sewer: NONE Number Stories: 0.0 3asement SF: 0 Utilities: GAS & ELEC Improve 1: Size 1: 0 X 0 Total SgFT 1: 0 Improve 2: Size 2: 0 X 0 Total SgFT 2: 0 Improve 3: Size 3: 0 X 0 Total SgFT 3: 0 Improve 4: Size 4: 0 X 0 Total SgFT 4: 0 in.di. Characteristic- Acreage : 0.00 Land SgFt: 0 Class Code: 311 Class Name: VAC RESIDENTIAL SITE Lot Size: 180 X 0 ast / Longitude: 0440578 / - 78.804978 North / Latitude 1044099 / 42.865444 x /-Assessment.data fax / Map Acct #: 123.580 - 0004 - 006.0000000 otal Assessment: $6,100.00 Land: $6,100.00 Old Assessment: $0.00 l PiOnfo rmati C . es Price: Sales Date: Grantor: 00 ,000.00 06/01/1990 ZEMBATY,THEODORE School Tax: $77,35 County Tax: $31.29 actual City Tax: $0.00 Account #: Deed Book / Page: Deed Type: Deed Valid: ARMS Length: 10181 / 00027 10181 / 00027 W 1 Page I of I ll land. iietacc. iietlSel -iptsli'oxweb.exellai)d. j) etlncwpi- ii3. ttliis? staitat- 2&logiiil= ixijhco»i&kc3r= 85565 &m... 6/2/2006 3 %� \;� � � }� E r w Y = e Gerald Chwalinski: July 30,2006 Buffalo City Clerk it We the undersigned represent the Buffalo Special Police an entity of the City of Buffalo; please allow us to introduce you to our organization.. In 1927 a provision was included in the charter of the city of Buffalo to allow for the creation: of a special police force. In January of 2000 due to the charter review commission the Special Police were removed. After gathering community support the common council reinstated in the Charter of the City of Buffalo on November 3 2004, by unanimous vote (9-0). We then deployed foot patrols on the streets of the City of Buffalo,: Amherst St., Babcock St., Bailey Ave., Broadway, Clinton St., Delavan Ave., Elmwood Ave., Pillmore Ave., Grant St., Jefferson Ave., Lovejoy St., Main St., Ontario St. and Tonawanda St. We also Patrol Cazenovia :Park, MLK Park and Riverside Park. At the request of Council members. We performed our duties with clue diligence, rising to the task of keeping our community safe. At approximately the end of 2005 we ceased street: patrol due to a lack of insurance. 'This was the responsible action to take, for both the city and the Buffalo Special Police. During that 2 year period the Buffalo Special Police rank and file numbered 69 volunteers, including support staff. These volunteers sacrificed their personal financial assets and time for the betterment and safety of the citizens and neighborhoods of the City of Buffalo. All active patrol members of the Buffalo Special Police Graduated from Holland's Academy and successfully completed 120 hours of training as a Now 'York State Peace Officer pursuant to the Charter of the City of Buffalo. Two years have passed since we terminated street patrols, and in that time we have been patient attempting to work with all parties involved to form a viable relationship that will benefit the citizens and neighborhoods of the City of Buffalo. � -6- AUGUST 2006 REPORT TO THE ERIE COUNTY LEGISLATURE 92 FRANKLIN STREET BUFFALO, NEW YORK 14242 ()()0093 k AUDIT OF THE CITY OF BUFFALO PARKS AGREEMENTS MARK C. POLONCARZ ERIE COUNTY COMPTROLLER Michael R. Sxukala � � �� �� � Deputy Comptroller - Audit a Contra TT U� We are requesting that we be placed on the agenda of the Common Council to resolve questions we have concerning participation in assisting the Buffalo Police Department and the citizens and neighborhoods of the City of Buffalo. At this meeting we hope to identify and definitively determine the role of the Buffalo Special Police pursuant to the city charter. We are requesting that the lave department define the clauses of the charter and how they apply to the Buffalo Special Police, and hour the Buffalo Special Police can be deployed to assist with the safety of the citizens and neighborhoods of the City of Buffalo. We are also requesting that the appropriate city officials determine what resources could be allocated to our organization that is an entity of the City of Buffalo and under the auspices of the Buffalo Police Department. We are looking forward to working with Mayor Byron Brown's administration, to increase the quality of life for the citizens and neighborhoods of the City of Buffalo. Respectfully, Chief Ernest J LaPlante REFERRED TO THE COMMITTEE ON LEGISLATK N. Deputy Chief David Reed cc: Hon. Mayor Byron W. Brown City of Buffalo Common Council President: David A. Franczyk Maj. Leader: Dominic Bonafacio Jr Member: Michael Lo Curto Member: Brian Davis Member: Richard A. Fontana Member: Antoine M. Thompson Member: Joseph Golombek Jr. Member: Bonnie E. Russell Member: Michael Kearns Corporation Council Alisa A.Lukasiewicz Buffalo police Dept. Police Commissioner H.McCarthy Gipson P.B.A President Robert P. Meegan Mr. James D.Griffin AUGUST 2446 REPORT TO THE ERIE COUNTY LEGISLATURE 92 FRANKLIN STREET BUFFALO, NEW YORK 14242 000393 AUDIT OF THE CITY OF BUFFALO PARKS AGREEMENTS MARK C. POLONCARZ ERIE COUNTY COMPTROLLER. Michael R. Szukala ����,�� �� Deputy Comptroller - Audit ax Contro THE C OMMIrTEL ERIE COUN'T'Y COMPTROLLER'S OFFICE August 16, 2006 Erie County Legislature 92 Franklin Street Buffalo, New York 14202 Dear honorable Members: HON. MARK C. POL.ONCARZ DIVISION OF AUDIT & CON'I'ROL 95 FRANKLIN STREET BUFFALO, NEW YORK 14242 The Eric County Comptroller's Office has completed a contract compl iance audit of two agreements, the Intermunicipal Cooperation Agreement for Operation, Management and Improvement of City of Buffalo Parklands ( "IC'A ") between Eric County ( "County ") and the City of Buffalo ( "City ") dated July 1, 2004; and the agreement between the County and the Buffalo Olmsted Parks Conservancy ( "Conservancy dated July 1, 2004 ( "Agreement "). Both of these agreements, together, control [lie County's relationship with the former City of Buffalo parklands and the Olmsted Parks. In conjunction with the audit, a review of the operating financial reports of the Eric County Department of Parks, Recreation and Forestry's ( "Darks Department City of Buffalo Parks Division ( "Parks Division ") for the years ended December 31, 2004 and 2005 was performed. These audits, performed in accordance with Generally Accepted Government Auditing Standards ( "GAGAS "), with the exceptions of a peer review and auditor training', included such tests of records, inquiries, and analyses as considered necessary under the circumstances. The objectives of the audit and review were to evaluate compliance with the ICA and the Agreement and examine the financial results of operations during the period. Our review did not include an. evaluation of the internal accounting controls over cash receipts at the Conservancy and also did not include an evaluation of the internal accounting controls over cash receipts at City parks taken over by the County on July 1, 2004. No significant matters adversely affecting compliance with applicable laws, rules, and procedures came to our attention except as disclosed in this report. Our review was perfonncd for the objectives previously described and would not necessarily disclose all instances of noncompliance with respect to areas of operation not reviewed. I A peer review is mandated every three years, This office is overdue for such a review. GALAS also nnandate a rniniflnim of twenty hours of training per auditor per year, and recommend forty hours of training annually. Dice to the County's fiscal cutbacks, no auditor in the Audit Department currently has received the minimum twenty hours oftraming this year. ERIE COUNTY LEGISLATURE — AUDIT OF PARKS AGREEMENTS AUGUST 16, 2006 PAGE 2 of 23 THE INTERMUNICIPAL COOPERATION AGREEMENT A. BACKGROUND On July 1, 2004, following the respective approvals of the City Common Council, City Mayor, County Legislature and County Executive, the County entered into the ICA, a fifteen year inter - municipal Cooperation agreement, with the City to provide operational and management services for one hundred thirty six (136) City parks and fifty (50) parkways identified in the ICA (together the "Parklands "). Under the Terms of the A ►regiment: The City continues to own the Parklands and is responsible for maintaining, repairing and replacing the Parklands capital assets. A Capital Improvement Committee shall be established by the City and the County and shall periodically review the capital needs of the Parklands and snake recommendations to the City and County for the same. (See ICA Article X) All City -awned equipment and personal property including but not limited to, vehicles, machines and tools used by the City primarily for the maintenance of its Parklands shall be transferred to the County for the continued operation, management and improvement of such Parklands. (See ICA Article V) The City shall also transfer and provide to the County by July 1, 2004 an accounting of all revenues received by the City with respect to all leases, permits , licenses, concessions, fees or other charges collected by the City which apply to Parklands activities or uses after July 1, 2004, pro rated as appropriate. (See ICA Article V) The City shall pay to the County the initial annual sum of one million eight hundred thousand dollars ($1.8 million) in equal quarterly installments of four hundred fifty thousand dollars ($450,000). The first installment shall be due on or before July 1, 2004 with the second installment due on or before October 1, 2004. Thereafter, the first, second, third and fourth quarterly installments will be due on or before, January 1, April 1, July 1 and October 1 respectively. The agreement provides for negotiated increases and decreases after the third full calendar year of agreement (after 2007). (See ICA Article Vl, and ICA Article VII) Any and all City employees assigned to duties and responsibilities in the City's Parklands, without exception, shall be eligible for transfer to the County and become County employees. (See ICA Article XI) The City and the County shall establish an oversight committee to periodically review the operation of the Parklands. (See ICA Article XI 1] 13.4) The City and County agree that the Conservancy shall operate, manage and maintain the City's 2 of'23 ERIE COUNTY LEGISLATURE — AUDIT OF PARKS AGREEMENTS AUGUST 16, 2006 PAGE 3 of 23 Olmsted Parks and Parkways. (See ICA Article XIII 13.5) All gas, electric, water and sewer utilities are to be provided to the Parklands at the City's sole cost and expense. (See ICA Article XVI) The County shall develop a plan by December 31, 2005 to audit and manage Parklands utility usage and costs. (See ICA Article XVI) B. ACCOUNTS RECEIVABLE INVOICE PROCESSING Payments from the City were not always in accordance with Article VI of the ICA. Our examination found that the payments were consistently late: o I" quarter due 111 /05, received 2/28/05 — 58 days late o 2 d quarter due 4/l/05, received 7122/05 — 112 days late o 3 "' quarter due 7 /l /05, received 814105 — 34 days late o 4'' quarter due 1011105, received 1017/05 — 6 days late o I" quarter due 1/1/06, received 313106 — 61 days late The ICA has no provision requiring the County to provide invoices to the City for the Quarterly payments. However, the County as a courtesy issues quarterly invoices. Further review found that these invoices were not issued in a timely manner by the County's Parks Department. Of the six invoices examined, four were issued after the contractual payment clue date. In one instance the invoice was issued 53 days after the due date. As result the County lost interest earning opportunities. We also noted that the $450,000 payment due April 1, 2005 and which was paid 112 days after the due date, was reduced by $74,357.27. It was determined that the City reduced (offset) against contractual payments due the County the amount of outstanding (unpaid) invoices issued to the County for goods and services rendered by the City. However, there is no provision in the ICA to support the action of offsetting amounts owed against amounts due. WE RECOMMEND that the County Parks Department develop a procedure to annually send invoices and record accounts receivables, appropriately dated to coincide with four quarterly due dates pursuant to the ICA. Subsequent monitoring of the Departments Accounts Receivable Aging Report will dictate if any follow up actions to collect are needed. C. ACCOUNTS PAVABLE INVOICE PROCESSING Invoices totaling $51,381.98 from the City for fuel used by County Parks' vehicles during the period 3 of 23 ERIE COUNTY LEGISLATURE — AUDIT OF PARKS AGREEMENTS AUGUST 'I6, 2006 PAGE 4 of 23 July 2004 through .tune 2005 were identified as part of the offset against the April 1, 2005 account receivable noted above. No accounting transactions were prepared by the Parks Department to record this transaction and consequently expenditures for the Parks Division were understated. County procedures provide that the Division of Information and Support Services ( "DISS ") is generally responsible for making payments for fuel purchases. Costs are later charged to departments using interdepartmental billings. We found that fuel usage costs paid to the City were not charged back to the Parks Department, thus understating actual costs to the County to operate the City Parks. In October 2005, upon this Office's discovery of this discrepancy, we recommended that the Parks Department prepare the necessary accounting adjusting entry to properly state the account balances. Our subsequent review of additional invoices found that nine fuel usage invoices issued by the City for the months of July 2005 through March 1 .006 totaling $60,591.64 have still not been paid by the County. However, upon our discovery, this Office prepared an accrual entry to record a 2005 liability on the County's SAP system. Discussions with staff from both the Parks Department and DISS' Bureau of Fleet Services revealed that neither took action to initiate payment requests to reimburse the City of Buffalo for fuel used by County vehicles. WE RECOMMEND that the Parks Department, in conjunction with DISS take action to ensure that invoices from the Buffalo are reviewed for propriety and paid in a timely manner. WE RECOMMEND that the Parks Department, in conjunction with the Department of Law and representatives of the Buffalo review the ICA to ensure that proper oversight is established to monitor compliance with the ICA and that policies and procedures are created to resolve discrepancies and/or violations. WE RECOMMEND that the Parks Department and the Bureau of Fleet Services develop procedures to process fuel invoices on a timely basis and record accruals in the County's SAP accounting system when appropriate. D. REVENUE COLLECTIONS Pursuant to the ICA the County received $105,815 from the City representing the pro -rated fees collected by the City prior to July 1, 2004. Our review of the detail reports supplied by the Parks Department found that the calculations were reasonable. We also found that revenues were not always recorded on SAP under the correct revenue line. For instance, we found that December 2004 ice time revenue of $2,007 was erroneously recorded as Miscellaneous Receipts and November 2004 ice time,revenue of $205 was erroneously recorded as Fees — Buffalo Parks. In another instance we found that $92 of revenue that should have been recorded as Fees — Buffalo Pools was instead recorded as Fees — Buffalo Parks. 4 of 23 ERIE COUNTY LEGISLATURE — AUDIT OF PARKS AGREEMENTS AUGUST 16, 2006 PAGE 5 of 23 WE RECOMMEND that the Parks Department consistently and accurately record all revenues in SAP in the appropriate accounts. E. TRANSFER OF EMPLOYEES FROM CITY OF BUFFALO TO ERIE COUNTY EMPLOYMENT The ICA contained provisions that forty two (42) City Parks employees would transfer to County employment after July 1, 2004. Of that number, one employee retired, G resigned, one was transferred to the County's Department of Senior Services and one left because the Assistant Deputy Commissioner- Buffalo City Parks Division position was abolished in the County's Adopted 2005 Budget. That meant that nine of 42 City employees departed the City Parks Division. Per the ICA (Schedule 2): "All employees who are eligible and wish to retire within five (5) years of their transfer to the County must return to the City for the purpose of retiring from the City with then applicable retiree health insurance under the City collective bargaining agreement that would be applicable to them had they remained City employees." Erie County's SAP accounting system shows that the one retiree appropriately did not retire under the County's retirement plan and is not collecting County retiree health insurance. All of the positions mentioned above, except for the Assistant Deputy Commissioner title and a Park Utility Worker title were refilled with new County employees. Our review found that of the 8 that left County service, 2 were not paid their remaining accrued leave balances. The total that should have been paid out to the two employees was $121.41. All other payouts due to employee departures from County service were accomplished in accordance with the ICA and County policy. WE RECOMMEND that steps be taken to ensure that when employees leave County service, these employees receive contractually - required payments for all applicable remaining leave balances. F. TREATMENT OF PAY TELEPHONES IN THE PARKS During our review, we discovered that numerous invoices for pay telephones located in City Parks, the exact number of which could not easily be determined, have not been paid since the County assumed control of the parks in July 2004. Those telephones continue to accrue charges. Of the invoices examined, thirteen (13) had current bills showing an average monthly late charge of $33.39 per telephone, a total of $434 per month with a total amount due for the 13 pay telephones of $31,214.13. We fin - then identified that the City is still listed as the billing address and responsible party on the invoices and that some of these accounts have been referred to a collection agency. Discussions with City staff revealed that they believe these invoices are covered by the ICA and should be paid by the County. Under Article V of the ICA: "... the City shall continue to be responsible for its obligations (if any) thereunder with respect to capital improvements and utilities..." Article XVI states: "The City shall continue to cause all gas, electric, water, and sewer utilities to be provided to the Parklands at the 5 of 23 ERIE COUNTY LEGISLATURE — AUDIT OF PARKS AGREEMENTS AUGUST 16, 2006 PAGE 6 of 23 City's sole cost and expense and at no cost or expense to the County..." The ICA does not specify or mention telephones, including pay telephones in City parks. WE RECOMMEND that Parks Department management, the Law Department and the City_jointly review this finding in order to determine the responsible party for payment of pay telephone service charges in City parks and arrange for payment. WE FURTHER RECOMMEND that the County should consider amending the ICA to address and delineate responsibility for payment of City Parks pay telephones, land -line telephones and mobile phones used in /for the City parks. WE ALSO RECOMMEND that the Law Department review any laws, ordinances or regulations to determine the need, if any, for maintaining pay telephones in City parks. G. COMMITTEES AND PLANS The ICA contains a number of provisions pertaining to the creation of committees and plans to help govern and manage the City parks. Article XVI of the ICA states: "The County shall, at its cost and expense, develop a plan by December 31, 2005 to audit and manage Parklands utility usage and costs, with the goals of decreasing utility costs, decreasing energy and water consumption and improving the environment." There has been no such plan developed by the County to manage Parkland utility costs. Article .X of the ICA states: "The City and the County shall establish a Capital Improvement Committee which shall include the County Commissioner of Parks, Recreation and Forestry, the City Commissioner of Public Works, Parks and Streets, and the Buffalo Ohnsted Parks Conservancy to periodically review the capital needs of the Parklands and to make recommendations to the City and the County for the same." According to the Erie County Commissioner of Parks, a committee has been established, but minutes for this committee have not been recorded. Article XIII, Section 13.4 of the ICA states: "The City and the County shall establish an oversight committee to periodically review the operation of the Parklands as provided for in this agreement and to make non - binding recommendations with respect thereto. The committee shall include representatives of the respective administrations, legislative bodies and unions." This committee has been established, but minutes for this committee have not been recorded. WE RECOMMEND that Parks management work with DISS and the County Department of Public Works to develop a plan to audit and manage Parklands utility usage and costs. WE RECOMMEND that the above committees maintain minutes of their proceedings. 6 of 23 ERIE COUNTY LEGISLATURE — AUDIT OF PARRS AGREEMENTS AUGUST 16, 2006 PAGE 7 of 23 Ii. FINANCIAL REPORT REVIEW The operating results, actual revenues less actual expenses, in the 2005 year -end financial reports for the Parks Division show a $1,276,531 loss from operations before comparing to budget estimates. However, it must be noted that the 2005 budget plan included the use of fund balance from 2004 in the amount of $500,000, as a revenue source, thereby reducing the 2005 operating loss to $776,53 L Our review of operations for the 6 months in the 2004 budget year found that the Division yielded a $500,000 surplus. This was used to generate the $500,000 Fund Balance in the 2005 budget. The receipt of the $620,745 from the City represented the value of leave accruals for the City employees transferred to the County was the primary transaction responsible for realizing a fund balance in 2004. In addition, $103,000 of frees collected prior to the July 1, 2004 Parks takeover were received from the City. A comparison of the 2005 budget to the operating results reveals that expenses were $297,803 greater than budget and that revenues adjusted to recognize the use of fund balance were $423,380 less than budget combining for total budget deficit of $721,183. The primary accounts contributing to this shortfall are: o Fringe benefits exceeded appropriations by $286,722. o 1D Buffalo Parks Service and 1D DSS Service billings to and from the Department of Social Services were short by a net of $327,443. o Fees, fines and charges revenue were short by $406,450. The above listed shortfalls were partially offset by positive balances in other accounts. Nevertheless, these significant negative variances in these accounts reflects a need for better budgeting. When this was discussed with County Parks management, they were quick to respond that their department does not set the fringe benefits estimate. That number is established by the Division of Budget, Management and Finance. WE RECOMMEND that Parks Department management take a proactive approach to monitor its operational costs and budget balances and take appropriate action to correct for developing trends relating to cost overruns and revenue shortfalls. WE ALSO RECOMMEND that Parks Department management immediately notify the Director of Budget, Management and Finance when deficiencies occur so corrective action can be taken, including appropriate legislative measures. 7 of 23 ERIE COUNTS LEGISLATURE — AUDIT OF PARIS AGREEMENTS AUGUST 16, 2006 PAGE 8 of 23 1. FAILURE OF CITY TO MAKE QUAR'T'ERLY PAYMENTS Article Vlll of the ICA states: "Should the City fail to make one or more Quarterly Payments to the County, the County tray, at its sole discretion, withhold payment to the City of its distributive share of the sales tax in an amount equal to the paymcnt(s) owed by the City hereunder." The County collects the sales tax for all municipalities in the County, including; the City. However, the County's ability to withhold payment of sales tax to the City in the event of a breach of Article VIII is no longer possible since the Buffalo Fiscal Stability Authority now intercepts the City's share of the sales tax directly from New York State. WE RECOMMEND that the County develop an alternative plan that gives the County recourse in the case of the City's failure to make quarterly payments to the County. J. ESCALATION CLAUSE Article VII of the ICA provides that "At the end of the third full calendar year of this Agreement (2007) and at the end of every third calendar year thereafter, the County and the City shall review the expenses and revenues associated with this Agreement and negotiate ani increase or decrease (if any) in the Annual Payment" that shall be known as an "Adjustment." In consideration of a number of factors, the City and the County shall make a concerted, good faith effort to arrive at an appropriate Adjustment during each review. Should the County and City fail to agree upon an Adjustment before the due date of the Third Quarterly Payment following each review (July 1) or agree on an alternative dispute resolution process, the Annual Payment will be increased for the next three years by the lesser of the cumulative increase in the Buffalo Area Consumer Price Index ( "CPI ") for the previous three years; or 7.5 %, constituting an average of 2.5% or the previous three years. There is no specific provision in the ICA for the County to recoup cost overruns or refund savings to the City of Buffalo for the first four years. Should future negotiations to recover costs and increase the City's contributions at levels sufficient to prevent operating losses in future years fail, the default percentage of 7.5% will be activated. Using the default and percentage rate of 7.5 %, the amount of the annual default increase for the next three years (2008, 2009 and 2010) would be $135,000 per year bringing the adjusted annual payment to $1,935,000. Subsequent increases to the adjusted annual payment would be as follows: 8 of 23 New Adjusted For Years Beginning; increase Annual Payments 7/1/2011, 2012, 2013 $145,000 $2,080,125 7!1/2014, 2015, 2016 $156,009 $2,236,135 7/1/2017, 2018 $167,710 $2,403,845 8 of 23 ERIE COUNTY LEGISLATURE — AUDIT OF PARKS AGREEMENTS AUGUST 16, 2006 PAGE 9 of 23 If the Parks Department management fails to implement cost saving acid /or revenue enhancement initiatives, operating losses will be realized in future years and will be a burden on the County's General Fund which will be required to cover cost overruns and revenue shortfalls. Assuming the 2005 deficit in the City Parks Division will remain relatively constant for the term of the ICA, the annual increase to the City's contributions using the default percentage is not sufficient to fund the Division's operations. WE RECOMMEND, based on the results of operations for the first calendar year (2005) that resulted in a $721,182 deficit, Parks Department management must take appropriate measures to control costs and /or enhance revenues to prevent such losses from occurring in 2005 and 2007. WE RECOMMEND that Parks Department management perform annual reviews of operations and issue reports to the County Executive, County Legislature, City Mayor and City Common Council. Such reports should include detailed explanations of the causes generating either a deficit or surplus and management's corrective action plan. K. AUDITOR COMMENTS At the time the County Legislature was considering the ICA for the operation of the City Parks System, documents submitted by the County Executive describing the plan contained language stating it "will not add net costs to the County's general operating fiend, with County operating expenses totally offset by a combination of annual payments made by the City to the County ($1.8 million annually for the first three years of the 15 -year term and payments to be adjusted thereafter), park and recreation facility rents, fees and charges, and State youth and job training program funding." In addition, correspondence from the then - Commissioner of Environment and Planning described the fiscal impact as follows: "There is no adverse fiscal impact on Erie County's general fund budget." All representations to the Legislature were to the effect that the City's annual payment to the County, combined with the County's receipt of user fees, would cover all expenses and there would be no additional County General Fund financial support necessary for the City Parks Division. The comments above provide the appearance that the results of operations under the ICA will break - even, generating neither a surplus nor a deficit. Our findings show that the Parks Division incurred an operating loss and budget deficit for the fiscal year ended December 31, 2005 of over $700,000 that will be funded by other countywide accounts with surplus balances. It is quite apparent that management oversight and efforts were insufficient to ensure the County's operation of the City Parks was budget - neutral. Although there is an escalation clause in the ICA scheduled to take effect after the third full year of operations (after 2007), the increase in payments from the City to the County will not be sufficient to cover the County's actual operating costs if the results of operations continue to generate a deficit. 9 of 23 ERIE COUNTY LEGISLATURE — AUDIT OF PARKS AGREEMENTS AUGUST 16, 2006 PAGE 10 of 23 WE RECOMMEND that the City and County immediately establish a fiscal committee to perform annual operational reviews and evaluations of the Parks Division. WE RECOMMEND that action be taken to establish the oversight eon specified in the ICA. Analysis by and input from these committees could be used as management tools to ensure that operations are adjusted to achieve a break -even status. WE STRONGLY RECOMMEND the City and County review the ICA and amend it to address issues relating to the City's payments, failure to pay, fuel usage and telephone invoice issues as well as delineating and clarifying each entity's respective responsibilities and obligations. In conjunction with our review of the financial reports for the Parks Division we noted an additional material revenue source funded through Interdepartmental Billings ( "ID billings ") with the Department of Social Services ( "DSS "). These ID billings area result of the operation of Welfare to Work Programs that have welfare clients assigned to the Parks Division for training and work experience. Since this revenue and related expenditures are not included in either the ICA or the Conservancy Agreement, we did not perform any substantive or transaction testing with regards to the interdepartmental revenues and expenses between the Department of Social Services ( "DSS ") and the Parks Division. These revenues, budgeted for $1,€138,560 in 2005, and expenses, budgeted for $643,495 also in 2005, are a significant component of the Parks budget. These revenues and expenses do have a large Federal and State component. It should be noted that there was net budget shortfall for 2005 ID billings of $327,443. The ID billings for 2005 were not recorded monthly, as per County and accounting practice, but were recorded with one accounting entry made at the end of fiscal year 2005. Further review and discussion with representatives of the Parks Division and DSS revealed that two programs are being administered: 1. Buffalo Parks COPS Program — salary and fringes are paid for Community Recreation Aids and Recreation Instructors at Community Centers under the Preventative Services Program, and 2. WTW # Welfare to Work Program — salary and fringes are paid for City Parks Maintenance workers. Generally, reimbursements relating to welfare client workers that are under the Temporary Assistance to Need Families ( "TANF ") program are at 100 %. Conversely, reimbursements for non - TANF workers require a local share cost that we were informed to be 35% of salary and fringes that is paid back to DSS through the ID billing process. 10 of 23 ERIE COUNTY LEGISLATURE -- AUDIT OF PARKS AGREEMENTS AUGUST 16, 2006 PAGE 11 of 23 WE RECOMMEND that DSS record ID billings on a monthly basis, as per generally accepted accounting principles. In our opinion, internal accounting controls concerning accounts receivable and accounts payable items were not adequately followed by the County. As an example, invoices to the City were not issued timely; conversely invoices received from the City were not processed or paid timely. A failure to record and track transactions resulted in the City opting to net payables against receivables, further misstating the financial records of the County. I [ of 23 ERIE COUNTY LEGISLATURE — AUDIT OF PARKS AGREEMENTS AUGUST 16, 2006 PAGE 12 of 23 THE OLMS`C'ED PARKS CONSERVANCY AGREEMENT 1-BACKGROUND On July 1, 2004, following the approvals of the County Legislature and County Executive, the County entered into a five year agreement with the Conservancy to manage, operate, maintain, restore and enhance the OImsted Parks and Parkways (as previously identified, the "Agreement "). The Agreement is renewable, at the Conservancy's discretion, for each of two (2) consecutive five (5) year terms. The Agreement, and rights, responsibilities and duties of the parties are subject and subordinate to the ICA between the City and the County. In the event of termination ofthe ICA, the Agreement shall be assigned by the County to the City. There are twelve (12) Ohnsted parks and fourteen (14) Olmsted circles and parkways identified in, and subject to the Agreement. Under the Terms of the A reement: The County and the Conservancy acknowledge and agree that although this Agreement sets forth certain duties and responsibilities of the City which may be the subject of the ICA, neither the County nor the Conservancy are, or shall be deemed to be, guarantors of the City's responsibilities or duties described in this Agreement or as provided for in the ICA. In the event of conflict between the terms and conditions of this Agreement and the terms and conditions of the ICA, the ICA shall control. (See Agreement Section I page 6) The Agreement describes the maintenance and repair responsibilities of the Conservancy and, as outlined in the ICA, the City for Parkways, Circles and Parks. (See Agreement Section 3) The Agreement specifies that the County will contract for up to thirty (30) portable toilets on a seasonal basis. (See Agreement Section 4c) For the management, maintenance and repair of certain facilities as listed., the Conservancy is responsible for general routine maintenance and minor, non - structural repairs. The County and/or the City is responsible for, or will coordinate, all structural, mechanical and major repairs that involve structural damage or improvements, and any major utility work (major electrical, water sewer, gas, fiber optics, telephone, etc.) as provided in the ICA. (See Agreement Section 5) The funding obligations specify that the County will employ 19 employees assigned to Olmsted Parks and Parkway duties until such time as such employment and assignment may cease by reason of reassignment, retirement, resignation or other cause. The County will be responsible for all wages and fringe benefits except for accrued overtime after January 1, 2005, which shall be paid by the Conservancy to the County on a quarterly basis. (See Agreement Section 9a) Upon cessation of such employment of any such County employee assigned to the Conservancy, the County shall pay the Conservancy at the rate of seventy percent (70 %) of such employee's salary and benefits, such benefits to be calculated on a basis mutually agreeable to the County and to the 12 of 23 ERIE COUNTY LEGISLATURE — AUDIT GE PARKS AGREEMENTS AUGUST 16, 2006 PAGE 13 of 23 Conservancy to be periodically calculated during the remaining term of this Agreement for each full time employee. (See Agreement Section 9a) The County shall pay to the Conservancy, as a contribution to the Conservancy's costs of performance of its obligations, the sum of $329,190 each year, adjusted in a manner similar to the adjustment of the City's payment to the County under the ICA, which is in lieu of future public benefit funding. The stun to be paid in advance in four (4) equal quarterly installments on before the fifteenth day of January, April, July and October. (See Agreement Section 9b) The County, City and Conservancy shall establish a Capital Improvement Committee consisting of the County Commissioner of Parks, Recreation and Forestry ( "Commissioner "), the City Commissioner of Public Works, Parks and Streets and representatives of the Conservancy to complete and mutually adopt a twenty (20) year management and restoration plan for the Olmsted Parks and Parkways. (See Agreement Section 7) Each year the County and the Conservancy shall consult with each other and with the City with respect to capital projects and expenditures to be proposed for inclusion in the City's and the County's capital program budget for the next fiscal year and for funding by the Conservancy. Such projects and expenditures shall be generally in accordance with the 20 -year Management and Restoration flan, as amended from time to time. (See Agreement Section 10) In September of each year, the Conservancy shall provide to the County a detailed line item budget for the next County fiscal year showing proposed operating revenues and expenditures of the Conservancy in relation to the Olmsted Parks and Parkways for the County's reasonable review and approval. (See Agreement Section 11) Subject to the approval of the Commissioner, which shall not be unreasonably withheld, the Conservancy may enter into such subcontracts and contracts for the purchase of goods or services, as shall deem appropriate in the performance of its responsibilities under the Agreement. (See Agreement Section 15) The Conservancy and /or the County shall collect all concession, permit and golf revenues within the Olmsted Parks and Parkways beginning January 1, 2005. The Conservancy shall receive the first $370,000 of all revenue. Revenues in excess of $370,000 shall be shared as follows: o Seventy (70 %) percent to the Conservancy; and o Thirty (30 %) percent to the County. Revenues from the Conservancy's self- operating concessions shall not be subject to the sharing formula and be collected and retained directly by the Conservancy. In the event the Conservancy operates concessions, the Commissioner and the Conservancy shall determine what amount of revenues shall be used for purposes of calculating the amounts to be received from and shared with the County pursuant to the Agreement. (See Agreement Section 1 G) 13 of 23 ERIE COUNTY LEGISLATURE — AUDIT OF PARKS AGREEMENTS AUGUST 16, 2006 PAGE 14 of 23 Tile County will assign to the Conservancy equipment for use in the Olmsted Parks and Parkways including a minimum of 14 pick-up trucks and 14 utility vehicles "gators" as well as other equipment. (See Agreement Section 17c) The County, the City and the Conservancy shall establish an oversight committee to review the operation of the Olmsted Parks and Parkways and jointly determine the park fees charged for all events and activities within the Olmsted Parks and Parkways. (See Agreement Section 21) The County, the City and the Conservancy shall establish an oversight committee to review the operation of the Olmsted Parks and jointly approve a naming rights policy and effect a change in the name of a park facility to recognize major donors to the Olmsted Parks and Parkways. (See Agreement Section 22) The County, the City's Special Events Committee and the Conservancy shall develop protocols to jointly review special events. (See Agreement Section 23) The City through its police force shall provide general park security. However, the Conservancy will require the permittee to provide and pay for such security services, as the Conservancy shall consider appropriate. (See Agreement Section 24) The Commissioner and the Conservancy shall develop the procedures and standards for a Parks Inspection Program Manual. (See Agreement Section 26) For the period July 1, 2004 through December 31, 2004, the Conservancy shall receive, as transition funding, the following cash payments from the County: (See Agreement Section 37) a) $294,375 in cash to be paid in full by July 31, 2004. b) 100percent ofOlmsted -park related concession /permit /golf revenue generatedprior to July 1, 2004, not to be less than $185,000. The amount to be paid within 10 business days of receipt thereof from the City under the 1CA that specifies that the City shall also transfer and provide an accounting thereof, to the County by July 1, 2004, all revenues received by the City with respect to all leases, permits, licenses, concessions, fees or other charges collected by the City which apply to Parklands activities or uses after July 1, 2004, pro rated as appropriate. C) Beginning July 1, 2004, revenue from Olmsted -park related concession /permit /golf revenue generated from July 1, 2004 through December 31, 2004 will be paid by the County to the Conservancy within 10 business days of receipt. On January 1, 2005, Section 16 of the Agreement will take effect. 14 of 23 ERIE COUNTY LEGISLATURE — AUDIT OF PARKS AGREEMENTS AUGUST 16, 2006 PAGE 15 of 23 M. ACCOUNTS PAYABLE Under Section 9(b) of the Agreement, the County is obligated to make payments to Olmsted in the amount of $329,190 each year. As per Section 12, these are to be broken into 4 quarterly payments payable on or before the 15' day of January, April, July and October. Our review found that all quarterly payments of $82,297.50 have been made to Olmsted. Some of the payments however, were not rnade in a timely manner. WE RECOMMEND that the Parks Department establish procedures to ensure quarterly payments are n on a timely basis. N. REVENUE COLLECTIONS We confirmed with the Conservancy that at January 1, 2005, revenues consisting of golf fees, concessions and permits are collected and deposited by the Conservancy in a Conservancy bank account. The Parks Department is not receiving revenue reports from the Conservancy. Per Section 16 of the Agreement, revenues in excess of $3 70,000 shall be shared with 70% to the Conservancy and 30% to the County. The County cannot determine potential revenue earnings without this information from the Conservancy. The actual revenues recorded by the Parks Division for 2005 were $2,814 for greens fees, $16,875 for general parks fees and $38,741 for fees for the Buffalo pools. We cannot determine if these monies carne from Olmsted or from another source. In the Conservancy cost center in SAP, no revenue transactions have been recorded. WE RECOMMEND that the Parks Department require that Olmsted provide revenue and bank deposit reports from the Conservancy on at least a monthly basis so that it corresponds to the contract. 15 of 23 Payment Payment Made Days Due Iaate 1 st Quarter 1/15/2005 3/4/2005 48 2nd Quarter 4/15/2005 5/2/2005 17 3rd Quarter 7/15/2005 7/15/2005 0 4th Quarter 10/15/2005 10/7/2005 0 1 st Quarter 1/15/2006 1/27/2006 12 2nd Quarter 4/15/2006 3/31/2006 0 WE RECOMMEND that the Parks Department establish procedures to ensure quarterly payments are n on a timely basis. N. REVENUE COLLECTIONS We confirmed with the Conservancy that at January 1, 2005, revenues consisting of golf fees, concessions and permits are collected and deposited by the Conservancy in a Conservancy bank account. The Parks Department is not receiving revenue reports from the Conservancy. Per Section 16 of the Agreement, revenues in excess of $3 70,000 shall be shared with 70% to the Conservancy and 30% to the County. The County cannot determine potential revenue earnings without this information from the Conservancy. The actual revenues recorded by the Parks Division for 2005 were $2,814 for greens fees, $16,875 for general parks fees and $38,741 for fees for the Buffalo pools. We cannot determine if these monies carne from Olmsted or from another source. In the Conservancy cost center in SAP, no revenue transactions have been recorded. WE RECOMMEND that the Parks Department require that Olmsted provide revenue and bank deposit reports from the Conservancy on at least a monthly basis so that it corresponds to the contract. 15 of 23 ERIE COUNTY LEGISLATURE — AUDIT OF PARIS AGREEMENTS AUGUST 16, 2006 PAGE 16 of 23 O. TRANSFER OF EMPLOYEES 'TO THE CONSERVANCY Under Section 9(a) of the Agreement, the County will employ 19 of the 61 City employees transferred pursuant to the ICA. There was no listing, as required by the Agreement, identifying the 19 former City employees assigned to the Conservancy but paid by the County. However, based on a list prepared by the County Division of Budget, Management and Finance, 19 individuals and position titles were identified as being assigned to the Olmsted Parks until such time as such employment or assignment may cease. Further, we were unable to verify on the SAP payroll module that any Parks workers are assigned to the Olmsted Parks. The County does not delineate in SAP, or in the annual County budget, which employees are working for or assigned to Olmsted. With no employee assigned to the Olmsted Branch of the City Parks Division it is impossible to determine the number of hours worked on Olmsted and non - Olmsted parks. The Parks Department accountant confirmed this finding and informed us that some of the employees do switch between the Olmsted and non - Olmsted Parks. Without looking at each time sheet for each employee, there is no way to identify employee hours expended on Olmsted and non - Olmsted parks or to know how much overtime is actually worked in the Olmsted Parks. This lack of information makes the tracking of overtime costs related to Olmsted unusually difficult. Two Ohnsted assigned employees elected to retire and pursuant to the ICA returned to the City for the purpose of retiring from the City. In accordance with the ICA each received their appropriate cash payouts for accrued leave and retiree sick bonuses from Erie County. A third Olmsted assigned employee resigned. All the cash payouts appeared reasonable and discussions with the Chief Payroll Supervisor of the County's Personnel Department revealed that neither of the 2 retirees are receiving any Erie County retirement benefits, and the worker that resigned is no longer employed in the Parks Department. We have confirmed that the positions have not been refilled and the position control numbers have been deleted from the County's payroll system. WE RECOMMEND that all payroll transactions of the Parks Department employees assigned to the Conservancy are recorded in the Olmsted Parks Division Cost Center 1644020. This recommendation is being implemented by the County. P. OVERTIME Examination of payroll records revealed that overtime was earned by 5 different Olmsted assigned employees during 2005, totaling $2,570.20. This review was based on employees originally assigned to Olmsted at the time of transition. This was split as follows. 16 of 23 ERIE COUNTY LEGISLATURE -- AUDIT OF PARKS AGREEMENTS AUGUST 16, 2006 PAGE 17 of 23 0 1" Quarter - $2,142.87 0 2 "' Quarter - $0.00 0 3 "' Quarter - $232.60 0 4 "' Quarter - 4194.73 Under the Agreement, Section 9(a): "... overtime shall be paid by the Conservancy to the County on a quarterly basis." However, the County has not billed the Conservancy or received payment for the overtime costs. WE RECOMMEND that the Parks Department prepare and send invoices to the Conservancy to recover the overtime wages paid in 2005 to Olmsted assigned employees. WE RECOMMEND that these employees should be recorded on SAP under an Olinsted designation so they can be tracked for overtime purposes, for which Olmsted is required to reimburse III e County. WE RECOMMEND that the Parks Department establish procedures to monitorall overtime wages and segregate those wages for the purpose of obtaining reimbursement from the Conservancy. Q. DUAL EMPLOYMENT During our review, we discovered that a City Parks worker simultaneously held two County positions, an acceptable practice covered by County's Personnel Policies and Procedures and the County's Handbook. Upon generating an SAP report to identify additional employees with dual positions, we found 7 individuals working in the City Parks Division. We performed a limited examination of the data and found that 2 of the 7 employees had instances of dual earnings for the same hours worked in their regular and second position. The first employee was paid in both positions for the hours of 2:30 p.m. to 3.00 p.m. on July 28, 2004. The second employee was paid for 4 sick hours taken from 11:00 a.m. to 3:00 p.m. on November 18, 2004 in his regular position, while receiving payment for working from 12:00 p.m. to 2:00 p.m. and 2:30 p.m. to 6:30 p.m. in his second position creating 2 and one half hours of dual earnings. We intend to bring this to the attention of the County Personnel Department for possible action. The County's Employee Handbook states: "Under no circumstances will dual compensation be paid to any employee for the same hours." Erie County Personnel Policies and Procedures, Chapter V, Section 9, Dual Employment in County Service states: "There can be NO CONFLICT IN HOURS FOR SEPARATE EMPLOYMENTS, nor will dual compensation be paid by the County to any employee for the same hours." It also states: "Under no circumstances is it pennissible to ... perform the duties of a secondary County job ... during the business hours of a paid County position." 17 of 23 ERIE COUNTY LEGISLATURE — AUDIT OF PARKS AGREEMENTS AUGUST 16, 2006 PAGE 18 of 23 Our review also revealed that one employee had regular work hours of 7:00 a.m. to 3:00 p.m. and began his second position job at 3:00 p.m.I I times in the 2 pay periods examined. Erie County Personnel Policies and Procedures states: "Employees with two County jobs MUST schedule at least 15 minutes between work shifts if both jobs are in the same building, or at least 30 minutes between work shifts if they must travel from one location to another." WE RECOMMEND that the Parks Department and Personnel Department flake steps to recover the amount of overpayments made to the 2 employees identified. As a condition of employment, the Parks Department should require employees with dual positions to read and understand County policy and procedures regarding dual employment. Further, the Department should implement procedures to have time and attendance personnel monitor the daily input of dual positions employees to ensure compliance with County Personnel Policies and Procedures. Lastly, Parks Department management should periodically review all employees with dual employment and make sure al l applicable policies and procedures are being adhered to. WE RECOMMEND that the Commissioner of Personnel initiate an evaluation with the SAP programmers and support team to determine if the SAP system can be configured so there can be no conflict in hours for separate employments, nor will dual compensation be paid by the county to any employee for the same hours. WE RECOMMEND that the Parks Department perform a complete analysis of the time and attendance wages paid to all individuals earning wages for a second position to ensure compliance with Erie County Personnel Policies from July 1, 2004 to date to identify if additional dual earnings occurred. R. OTHER FUNDING OBLIGATIONS Under Section 9(a) of the Agreement, the County will employ 1.9 assigned employees until their cessation or reassignment. "Upon the cessation of such employment of any such. County employee, assigned to the Conservancy, the County shall pay the Conservancy at the rate of seventy percent (70 %) of such employees salary and benefits, such benefits to be calculated on a basis mutually agreeable to the County and to the Conservancy to be periodically calculated during the remaining terns of this agreement for each full time employee." Currently, the County is paying the Conservancy for 3 employees that left service and providing personnel services for 16 employees. Providing cash payments to Olmsted in lieu of County provided personnel services is a supplement to Public Benefit funding that in the past, was provided for in the County's annual adopted budget, both as Executive and Legislature appropriations. At some point in time, when all 19 employees leave County service or are no longer assigned to the Conservancy, the County is obligated to pay the Conservancy 70% of their salaries plus an amount for fringe benefits. Using 2006 salary scales and fringe benefit rate of 46.6 %, we have estimated that the value of the County's current contribution of personnel services and cash to the Conservancy to be $1,238,914. 18 of 23 ERIE COUNTY LEGISLATURE — AUDIT OF PARKS AGREEMENTS AUGUST 16, 2006 PAGE 19 of 23 Conversely, using the samc salary scales the annual cash payment to the Conservancy is estimated to be $669,153 if all 19 Olmsted assigned employees leave County service or are reassigned. Adding the annual payment in lieu of Public Benefit funding of $329,190 increases the total to $998,343. Any personnel cost savings will only be realized if the County does not replace the positions assigned to the Conservancy. Annual County budgets provided a cumulative total of $1,215,337 to the Conservancy for the years 2000 through 2004 that ranged from $191,000 to $325,000 annually. Parks workers are assigned to specific zones in Olmsted Parks. However, it is possible that the assigned number of workers in the Olmsted Parks may be greater than the 16 ( 19 original less the 3 that left County service) that remain from the transition date. if there are more than 1.6 that continue to work in the Olmsted Parks, the County is then paying for more employees than contractually obligated with no recourse to be reimbursed for wages paid above contractual limits. WE RECOMMEND that Parks Department management closely monitor the operating costs incurred to provide services to the Conservancy and ensure that no more than 16 workers are assigned or working in the Olmsted parks. The Parks Department has already implemented a process to address this concern. S. COMMITTEES Section 7 of the Agreement calls for the establishment of a Capital Improvement Committee to complete and adopt a 20 -year Management and Restoration Plan. Section 21 of the Agreement calls for the establishment of an oversight committee comprised of the County, City and Conservancy to review the operation of the Olmsted Parks and Parkways to jointly determine the park fees charged for all events and activities within the Olmsted Parks and Parkways. Section 22 of the Agreement calls for the establishment of an oversight Committee comprised of the County, City and Conservancy to review the operation of the Olmsted Parks and Parkways and jointly approve a naming rights policy. Section 23 of the Agreement specifies that the County, the City's Special Events Committee and the Conservancy develop protocols to jointly review special events permits. Parks Department personnel confirmed that formal minutes for these committees are incomplete. However, County officials has met numerous times with the Conservancy to discuss such topics as the 20 year management plan, budgetary concerns, and capital improvements. The Conservancy's website (www.buffaloolmstedparks.org) shows their detailed 20 year management plan. Located within this plan is a Special Events and Permit Policy that has recently been updated as shown in the September 29, 2004 Buffalo Olmsted Advisory Council meeting minutes. This Special Events Policy was to take effect beginning with the 2005 permit season. 19 of 23 ERIE COUNTY LEGISLATURE — AUDIT GE PARKS AGREEMENTS AUGUST '16, 2006 PAGE 20 of 23 WE RECOMMEND that the Parks Department issue the minutes of each committee meeting and any reports generated by them to the County Executive, Legislature, County Comptroller and the City- T. "TRANSITION FUNDING Section 37 of the Agreement states that the County is to pay $294,375 to the Conservancy by July 31, 2004. The SAP system shows that two payments were made, one for $200,000 and the second for $94,375. Both the payments were processed on July 30, 2004. Section 37 also stated that 100% of Olmsted related revenue generated prior to July 1, 2004 and collected by the City per the ICA, not to be less than $185,000, shall be paid to the Conservancy. At the end of April 2006, there was $68,905 still due to the Conservancy. At our request, a 2005 fiscal year liability was established March 8, 2006 on the County's SAP accounting system. The third component of the transition funding is the revenue collected at the Olmsted Parks by the County from July 1, 2004 through December 31, 2004. Such revenue was to be paid within 10 business days of receipt. We found that the County made no payments of revenue collected to the Conservancy in the time frame specified. Revenue collections totaling $133,905 for the period July I through December 31, 2004 were certified by Parks Department staff in March 2006. We found that the 2004 budget appropriations of the Parks Division were insufficient to satisfy all the provisions of Section 37 concerning Transition Funding. The initial City Parks Division budget adopted by the Legislature on June 18, 2004 contained a revenue line for fees that, per the Agreement, was to be paid to the Conservancy. However there was no budget appropriation in the adopted resolution to allow payment of the fee revenue collected by the County to the Conservancy. The 2004 appropriations shortfall was $2£8,905. We found that $200,000 was paid in 2004 by the Erie County Industrial Development Agency ( "ECIDA ") to the Conservancy on behalf of the County. One specific payment of $100,000 (of the $200,000) was traced as paid to the ECIDA charging Environment and Planning appropriations dedicated to the ECIDA. The appropriation source of a second payment of $100,000 paid by the ECIDA to the Conservancy could not be traced directly to a County appropriation. Consequently, funds earmarked for ECIDA purposes were paid to the Conservancy. Further, only through the intercession of the County Comptroller's Office and after the Conservancy's repeated requests, was the final transition funding amount of $68,905 due to the Conservancy paid on May 5, 2006, WE RECOMMEND that the Parks Department, and the Division Budget, Management and Finance review the operating results in the City Parks Division to ensure future budgets are set at appropriate levels. 20 of 23 ERIE COUNTY LEGISLATURE — AUDIT OF PARKS AGREEMENTS AUGUST 16, 2006 PAGE 21 of 23 U. AUDITOR COMMENTS The lack of required attachments and the failure to segregate and record costs relating to the Agreement with the Conservancy on the County's accounting system required the reconstruction of data necessary to perform our review. The cost of Personnel services is the largest component of the Agreement and the only items separately recorded in the Olmsted Parks Branch of the Parks Division were the annual payment of $329,190 and an additional encumbrance of $40,000 for repair parts. As noted in our findings, the Agreement required the establishment of oversight committees. Had such committees been functioning, we believe areas of deficiency could have been identified, and corrective operational and budgetary actions by the Parks Department could have been taken. It must be understood that the 1CA for the Operation of the City Parks System is the precursor that allowed for the Agreement between the County and the Conservancy to be executed. The 1CA contains language that acknowledges that the County will enter into an agreement with the Conservancy to operate and maintain the Olmsted Parks and Parkways, whereas the Conservancy Agreement reiterates the responsibilities of the City of Buffalo as contained in the 1CA. As an example of the confusion concerning delineation of responsibilities between the County, City and Olmsted, we note the June 2006 incident in which, at the request of a property owner, the County Forester authorized the removal of tree on Richmond Avenue in Buffalo, only to have that authorization revoked by the Deputy County Executive after neighbors objected stating that the tree was City property, not the property owner's. Days later, and after media attention, it was determined that since the tree is on Richmond Avenue, an Olmsted Parkway, it is considered City property and the County did not have the authority to permit its removal. Legislative approval was given under the premise that the takeover and operations of the City's Parks, including the Conservancy Agreement, would have no fiscal impact on the County's general fund budget. Our examination revealed that 2005 operations (prior to year -end budget balancing amendments) incurred a deficit of $721,182. Unless management initiatives are implemented to better monitor and control operating costs, there is no expectation that the Parks Division will be cost - neutral, but rather, the Division will continue to require supplemental appropriations from the General Fund. The Parks Department has set up a meeting with the County Department of Public Works, County Department of Environment and Planning, the City's Parks Department and the Conservancy to formally establish all the committees as specified in the agreements. WE RECOMMEND that action be taken to establish the oversight committees specified in the Agreement and appropriate reports and /or minutes be generated. Analysis by and input from these committees could be used as management tools to ensure that operations are adjusted to achieve a break -even status. 21 of 23 ERIE COUNTY LEGISLATURE — AUDIT OF PARKS AGREEMENTS AUGUST 16, 2006 PAGE 22 of 23 We strongly urge the City and County review the Agreement as well is the 1CA to address issues relating to the City's and County's contributions as well as delineating and clarifying; their respective responsibilities. In our opinion, internal accounting controls concerning accounts receivable were not adequately followed. Quarterly payments to the Conservancy were not made on a timely basis and ConservanCy revenue reports are not being received by the County. Without these revenue reports, the County cannot determine if it has received all the monies it is due render the Agreement. County employees assigned to the Conservancy are not designated as such on the SAP payroll module. As a result, these costs cannot be easily tracked. The overtime worked by County employees on Olmsted parks was not reimbursed by the Conservancy. One employee was paid for working the same hours in two different jabs. Once again, committees as required were not established. As a result, necessary tasks were not completed and the oversight and planning tasks these committees were to perform was not undertaken. All the transition funding was not paid in a timely manner to the Conservancy by the County. SUMMARY Managing the former City parks has cost the County over seven hundred thousand dollars more than was budgeted for 2005- Expenses are expected to climb. Reimbursements, notably for the Welfare to Work Program and the COPS Program, did not meet expectations. The agreements between the City, the Conservancy and the County for the operation and management of the former City parks stated that the parks would be budget /revenue neutral for the County, but they are not. RESULTS OF EXIT CONFERENCE An exit conference was held on August 15, 2006 with the County's Commissioner of Parks, Recreation and Forestry, Erie County Attorney, Commissioner of Social Services, Chief Executive Officer of the Buffalo Olmsted Parks Conservancy and members of their respective staff. The contents of this report were discussed and there was general agreement with the findings and recommendations for the period covered by this report. With regard to the financial review they stated that the audit covered an early snapshot of the 15 year agreement and that extenuating circumstances such as the County's budget crisis, resulting in a loss of staff, union issues and New York State's denial of reimbursement for the entire Welfare to Work program had a negative impact on the first full year of operating the City Parks. They also noted that managerrrent has taken action to resolve union issues, obtain approval for reimbursement for all allowable program costs from New York State and implement some of the other recommendations noted in the audit. In accordance with the County's Audit Response System and Procedures, we request that the Commissioner of Parks, Recreation and Forestry prepare a written response to the Erie County Legislature with copies to the County Executive and this Office, concerning the findings and 22 of 23 ERIE COUNTY (LEGISLATURE — AUDIT OF PARKS AGREEMENTS AUGUST 16, 2006 PAGE 23 of 23 recommendations by September 15, 2006. ERIE COUNTY COMPTROLLER'S OFFICE cc: Hon. Joel A, Giambra, Erie County Executive lion. Byron Brown, Mayor — City of Buffalo The City of Buffalo Common Council James Hartman, Director of Budget, Management and Finance Angelo Sedita, Commissioner of Parks, Recreation and Forestry Johnathan Holifield, Executive Director — Buffalo Olmsted Parks Conservancy 23 of 23 Stop Uniland From Building a High Rise On Gates Circle Petition Page 1 of 2 ...Loma Vista Apt. Homes The Vi _ew.. @ Chastain a „. Two bedrooms starting at $799 One, Two Atlanta condo overlooking Chastain s and Three Bedrooms Buckhead's newest loft high rise r Ads. by Goo Advertise AdYertise on site Stop Uniland From Building a High Rise On Gates Circle Viekv Cun ent S naturc s - Sign the Petition_ To Officials of the City of Buffalo, Cotnrmrntiy Leaders and Uniland GATES CIRCLE UNDER ATTACK ------- AGAIN! STOP IJN1LAN - D FROM BUILDING A HIGH RISE ON GATES CIRCLE. We, the undersigned citizens, voters and taxpayers of Buffalo, New York, adamantly oppose the construction of a high rise building on Gates Circle. tlniland Develournenf Co. nroposes to build a high rise building on the site of the Park Lane Restaurant. Gates circle is a monumental part of the historic landmark Frederick Law Olmstead Park and Parkway Systern.The size and scale of a high rise building directly on Gates Circle would deliberately compromise the original vision and plan of Frederick Law Olmstead. For years, the citizens of Buffalo have labored tirelessly to restore the Olmstead Parks and Parkways to their original splendor. The efforts and financial commitment of these volunteers are unparalled. The addition of a high rise building jammed into a small site bordering the Circle would seriously reduce the openess, light and air surrounding the Circle. The ambiance, beauty and integrity of the original design would be destroyed. The already busy traffic around Gates Circle would worsen. Numerous residences in adjacent buildings would lose their light, air and view. If we do not protect our nationally recognized architectural heritage and pay greater attention to our history, we are doomed to repeat the mistakes of the past. Sincerely, REFERRED TO THE COMM ITTEE ON COMMUNITY - The Undersi yneci >r / t Click H2re to: ,qIgn Pet!'�i0tl ... -- View Current Stgnatur.es htip: //www.petitiononline.coi 940/potition.html ........... ....... .1 K <�) 7/4/2006 � (allj ¢'f dF `'' THE SENE x`A NATION OF INDIA NS Qr 5 n P 1490 Rt. 438 P.O. Box 231 ,., Irving, New York 14081 Salamanca, New York 14779 00 Phone (716j 532 -4900 0095 Phone (716) 945 -1790 Fax (715) 532 -6272 Fax (716) 945 -1565 August 8, 2006 d"Iv � VIA HAND DELIVERY David A. Franczyk, Council President Bonnie E. Russell, President Pro Tempore Fiilmore District, 1315 City Hall University District, 1508 City Hal[ Michael J. LoCurto Delaware District, 1405 City Hall Antoine M. Thompson Masten District, 1316 -A City Hall Brian C. Davis Ellicott District, 1408 City Hall Michael P. Kearns South District, 1401 City Hall Richard A. Fontana Lovejoy District, 1414 City Hall Dominic J. Bonifacio, Jr., Majority Leader Niagara District, 1504 City Hall Joseph Golombek, Jr. North District, 1502 City Hall Re: Setting the record straight Dear Common Council Members: I am writing to each of you to set the record straight regarding our proposed agreement with the City to acquire Fulton Street. Over the last few days, it has come to my attention from certain members of the Common Council that the Mayor has not provided you with a final copy of the draft agreement we were prepared to execute. I have attached a copy of this proposed final agreement with our August 1 letter to set the record straight as to what we were willing to offer the City for Fulton Street and what we had thought the Mayor and his staff had agreed to on at least three separate occasions. See Attachment A ( "Execution Version "). At the outset, I want to affirm my belief that we had provided a legally binding agreement consistent with the deal that I had reached with the Mayor. As I stated in my July 25 letter to the Mayor (copy attached as Attachment B), the Execution Version of our agreement provides substantial benefits for the City. Among other things, the Execution Version of our agreement included legally binding commitments on our part to: invest at least $125 million in capital costs for the casino facility and parking ramp alone (with possibly up to hundreds of millions more in capital investment to come for later phases and aspects of the project); 2. make up to $7 million in infrastructure improvements in the area surrounding our Buffalo Creek territory (improvements that would have benefited the entire Waterfront area); A August 8, 2006 Page 2 3. work with the City in Albany to ensure that the City was the recipient of all host municipality payments associated with the Buffalo Creek facility (which by conservative estimates could reach as much as $100 million over the term of the Compact); 4. purchase a two -block portion of Fulton Street for additional cash consideration of $631,000; 5. spend in excess of $1.7 million per year to market our facility and the City of Buffalo to visitors from outside the City and the State of New York; 6. create 1,000 good paying jobs in the City, with an emphasis on minority and women hiring; and 7. work with the City and local job banks to maximize employment of City residents. These benefits for the City were all set forth in the Execution Version of our agreement. Although we are not re- opening negotiations at this late juncture, I am prepared to move forward with the Execution Version. Since the announcement of the Mayor's rejection of the Execution Version of our agreement last week, the Mayor has made much of his need to protect the City's interests with an "iron- clad" agreement that is legally binding. The truth is that the parties had sent numerous drafts back and forth between June 28 and July 16, I negotiated the final outstanding points with the Mayor on July 16, shook hands on it with him after a four hour meeting on that date going through each paragraph of the draft with the Mayor, the Deputy Mayor and the City's corporate counsel, Alisa Lukasiewicz. With the exception of certain modifications suggested during that breakfast meeting, the draft we reviewed paragraph by paragraph with these three individuals is the Execution Version we have attached to this letter. Between July 16 and the draft sent by the City on July 28 and the Mayor's public announcement on August 2, the City apparently had a change of heart, and abruptly decided to re -open negotiations by back peddling on points already agreed to at our breakfast meeting and raising new obligations never previously discussed, which when we stated we could not agree to the back peddling and new covenants resulted in their refusal to close on our agreement in a public statement on August 2, 2006. As justification for this radical shift in view, the City now wants to make much of a few "key" issues on which we were supposedly unwilling to concede, principally: (1) an agreement by the Nation not to acquire more downtown Buffalo property; (2) an agreement to hire 1,000 employees, including 33% minorities, 33 0 /0 women and 50% local residents; and (3) the legally binding nature of the document. In an effort to set the record straight, let me address each of these issues in turn. First, with respect to an agreement by the Nation not to acquire more downtown Buffalo property, in addition to the previous letters and meetings we had already had with the Mayor on this subject, after which he declared himself fully satisfied, we also agreed in our agreement that it was the Nation's intention not to take any additional land into restricted fee for gaming purposes in Buffalo. This has been our position since the very i UV August 8, 2006 Page 8 start of our negotiations.' Indeed, it was one of the very first items on which we reached agreement with the City as evidenced by the fact that the City's attorneys produced the very first draft of our proposed agreement and included our commitment to our intentions in this regard in the Intentions section of that draft ( "City Draft of June 28 "). Although the language has changed somewhat since the City June 28 Draft included this concept as an Intention, the Execution Version retains exactly the same meaning and commitment. It is disingenuous at best for the Mayor now to suggest that somehow he was not satisfied with this element of our agreement since it was his own lawyers who produced the draft setting forth his agreement with us on this matter. Second, with respect to the Nation's commitment to employ at least 1,000 employees, again, this was one of the very first items on which we agreed with the City's negotiators. The City's June 28 Draft, which was the first draft setting forth our agreements to that point, includes the Corporation's intention to employ 1,000 people in the casino in the Intentions section of their draft. s For the Mayor now to argue that we had not reached a meeting of the minds on this point is misleading and we need to set the record straight. As to the issue of minority, women, and local hiring, again, the Mayor's current public position does not reflect our actual negotiations on this point. It is true that the City's June 28 Draft did include binding commitments for policies intended to achieve 25 0 /0 minorities and 8% women. However, we explained to the City's negotiators that we understood that such quotas could very likely violate federal law and that as a minority - owned business we are dedicated to minority hiring. Indeed, our experience in our other properties strongly substantiates our previous success in this regard, with very high percentages of minorities and women among our work force. Consequently, we asked that the City agree to work with us on that point and move the commitment to the Intentions paragraph where it would capture our common goal, while avoiding any legal problems that a contractual quota requirement might create. To ensure that there was some measure of accountability to the City on this point and confirm our ongoing commitment to these goals, we agreed to a requirement that we provide the City with an annual report on our employee workforce and to have an executive from the Corporation attend an annual meeting with the City Common Council to present it. This public forum would have provided as much See Attachment C, Letter of May 30, 2006 from SEGC to City of Buffalo. ,See Attadlnaent D, City draft of agreement dated June 28, 2006 ( "City June 28 Draft "), Section 8(c), See Section 9(c) of Execution Version. ' As we told the City's negotiators and the Mayor, the Seneca Corporations currently employ nearly 4,000 employees in its various facilities. We are fully confident that the casino facility we envisioned in Buffalo alone will employ approximately 1,000 people, not to mention the additional jobs that would be created by new corporate headquarters as we previously had planned. No corporation, however, would agree to a mandatory minimum number of employees in addition to its commitment to invest $125 million in capital costs for a project. This would put us in a position of violating our at reernent with the City if we only employed 999 people on any given day, which is a ludicrous position to find ourselves. A facility of this size will, by necessity, produce the number of'jobs we have asserted. This is a simple economic reality which the City's Negotiators agreed with on June 28 as evidenced by their own draft of the proposed agreement. 5 See Section 8(a), City June 28 Draft. 6 The Mayor now maintains that the goal is 33% minority and wornen hiring, a number we have never seen since and including the June 29 Draft. August 8, 2006 Page 4 leverage as the City might have ever needed if it felt we were not living up to our commitments in this regard. Recognizing the legal and political reality behind this, the City agreed to our proposal on this point at our breakfast meeting on July 16, 2006. As to the issue of local hiring, this was again a paint of early agreement with the City's negotiators. We indicated to the City early on that a substantial majority of our work force is comprised of residents from the Cities and Counties in which our various facilities are located. This is a matter of practical business reality. We agreed from the outset that to ensure that we provided Buffalo citizens with every opportunity possible to obtain employment at the new Buffalo facilities, we would work with the local job banks and employment agencies the City felt were most effective in order to hold appropriate job fairs and outreach events. From the outset, the City agreed that this was the way to satisfy their desire for local hiring, again as evidenced by their own draft of June 28, 2006. That this provision was somehow no longer adequate on August 2, 2006, is perplexing. Perhaps you can begin to understand why we have been so frustrated and disheartened by the City's negotiators in this endeavor. Finally, the Mayor and Mr. Tobe seem to imply in some of their comments that we were not providing them with a legally binding, enforceable agreement. Again, I would simply point out that the Dispute Resolution provisions in the Execution Version are essentially the same as those that the City provided to us in the City June 28 Draft. We agreed to this proposal with only minor modifications and again assumed this issue was resolved. Not once during our discussions thereafter were there any concerns raised as to the adequacy of these provisions, nor should there have been. We have very similar provisions in the Compact, and in each of the major agreements we have reached with our major lenders and other business partners. I always assumed that if such provisions were acceptable for over $500 million in lending and $750 million in construction and other contracts, and for the State of New York in the Compact, they would serve for this agreement as well. At this point, I still stand behind the agreement that we went through with the Mayor and his staff on July 16 over a four hour meeting, which was agreed at that time as the conclusion of our lengthy negotiations. Our draft Execution Version of the agreement represents the deal we finalized and agreed to in good faith on that day. I wrote this letter solely to set the record straight so that the frustration and disappointment that I and my team feel by the way we were treated during this process can be prevented in future discussions with other developers who are trying to bring economic development projects to the City. To that end, if you so choose, I would be willing to have representatives of the Seneca Gaming Corporation and the Nation attend a public meeting of the Common Council either later this week or next week for the sole purpose of walking through the Execution Version of the agreement, explaining each provision in detail for the members of the Common Council. My representatives will be prohibited from entering into any discussion of negotiating style or any "he said /she said" rehash of our negotiations. The recent political rhetoric has not served the people of Buffalo well and I think we should all rise above it. Please let me know if you think this would be helpful and I would be happy to arrange it. I want to be crystal clear, however, that we do not have the time or ability to re -open negotiations and revisit issues already agreed. Unfortunately, after almost eight 7 See Section 7(d)(iii), City June 28 Draft. s Compare Section g, City June 28 Draft with Section 10, Execution Version. August 8, 2006 Page S months of failed discussions with the City, we must now proceed with a temporary facility and an alternative permanent facility for Buffalo Creek that we can build without Fulton Street. I simply want the truth to be told of what was in the agreement we reached, one that I still believe contained very substantial benefits for the City of Buffalo. Sincerely, Barr�yder, Sr. .' President of the Seneca Nation of Indians r RAIL r. }� ATTACHMENT A Execution Version of Agreement to Transfer Futon Street August 1, 2006 '. _..,. .. �....Q'�.' °` .�„ �.a -i � .«.t R -- `�SENECA GAMING CORPORATION August 1, 2006 VIA ELECTRONIC MAIL. AND FACSIMILE Deputy Mayor Steve Casey City Hall, Room 201 Buffalo, New York 14202 Dear Steve: As you know, last week we were on the verge of terminating all further discussions with the City due to the resurrection by your side of an insistence on ari additional $1 million marketing fund to "rehab" the City's image despite the considerable commitments we had already agreed to make regarding our marketing efforts, as well as other matters. In response to President Snyder's direct and forthright letter of July 25,.2006 on this matter (a copy of which is attached), the Mayor indicated to the President that the City was withdrawing its insistence on this additional marketing demand, which . was the only remaining business point in the draft we sent to you on July 16, 2006, subject to some n inor changes of a legal nature.. At the tim.c, I thought our protracted negotiations over the last few months with you Commissioner Tobe and your legal team were finally at an end. It appears, however, that your legal team has a very different view of what constitutes some final minor changes of a legal nature to an already extensively negotiated document. Indeed, I can only assume in the best case that they were operating on instructions that were out of date and not in line with our breakfast meeting on July 16' among President Snyder, Mayor Brown, Alisa Lukasiewicz, you and me because your legal team's most recent draft of our proposed agreement revisits and rewrites so many of our fundamental deal points, each of which has been the subject of protracted discussion, or in the worst case, that the City's negotiating tactic has been disingenuous with no real .commitment to reach a final deal. As you know, the Seneca Nation and its gaming corporations, as applicable, had committed to. (1) make up to $7 million in infrastructure iumprovezmeats in the area surrounding our Buffalo Creek territory; (2) purchase Fulton Street for additional cash consideration of over $600,000, (3) work with you in Albany to ensure the City was the recipient of all host municipality payments (which by conservative estimates could reach as much as $100 million over the term of our current Compact); (4) invest at least $125 million in capital costs for the casino facility and ramp alone, with more for the other elements of our SENECA GAM #NG CORPORATION 3f0 FOURTH STREET NIAGARA FALLS, NY 14303 PHONE 7t6.299,1100 FAX 716.299.1200 www .SenecaGarningCorporation.com brand design as we built it out, (5) a reaffirmation of our commitment to minority, women and local resident hiring practices; (6) expend in excess of $ I.7 million per year to market our facility and the City of Buffalo to visitors from outside the City and the State; and (7) create 1,000 -plus good paying jobs. Your legal team's final .legal review draft is insulting at best. It fundamentally rewrites nearly every covenant that we had discussed for each side, inserting new ones that had never previously been discussed and fundamentally altering most others. It is disheartening to me that such basic agreements that were extensively negotiated and previously agreed to, such as the amount to be placed in the segregated fund to redevelop the Inner Harbor Area, the makeup of the advisory board for the fund, and the purpose of such fund, to name just a few, are being revisited at this late date. The extent of conirzients that have been made by your Iawyers is one that I would expect on the first or second draft during negotiations, but not on a draft that has gone back and forth at Ieast a dozen times over the last few months. In the interest oftime, 'we have reviewed your latest draft and culled from it such of the comments received that did not fundamentally alter the agreement we reached at our breakfast meeting on July 16` and inserted these comments into the prior draft distributed on July 16, 2606. 1 have attached this final draft to this letter for your final consideration and approval. We are not in a position to continue the endless process of disconnected, and apparently disingenuous, negotiation and drafting that has characterized our dialogue to date. Consequently, you should consider this draft to be a final one. We are ready to move forward with this agreement as drafted, but are not prepared to invest any more time or effort in a process that has been unnecessarily complicated and expensive already. Any further dialogue at this point would merely serve as an opportunity to revisit issues already decided, constituting an unnecessary waste of time and resources. I look forward to hearing from you that you can agree to move forward with this final draft as the version we will both present to our respective governing bodies for final approvals and ratification. I am available to discuss if you feel it necessary. If the City cannot accept the revised draft as attached, I will have no choice but to recommend to the members of the Board of Directors and senior mana;ement of the Seneca Gaming Corporation to terminate all discussions with the City regarding the abandonment of Fulton Street or any type of agreement regarding the commitments we were willing to provide as outlined above to build a casino complex that is less and at Buffalo Creek and to reinvest the savings in further economic development projects in Niagara Palls and Salamanca. 2 In the essence of time, let us agree that if I do not receive written confirnlation from you or the Mayor on or prior to l I a.m. on Wednesday, August 2, 2006, that the City accepts the attached draft agreement, we will have to assume that we do not have a final deal and are left with no choice but to go our separate ways. At this time, we will begirt to earnestly look to finalize our plans for an alternative design for our Seneca Buffalo Creek Casino. This alternative design will unfortunately not provide all of the benefits the grand development at Buffalo Creek, which we unveiled earlier, would provide. Res Piah Rajat SL Vice President of Corporate Development cc: Barry E. Snyder, Sr., President Byrom Brown, Mayor John Pasqualoni, CEO & President Joe D'Amato, Chief Operating Officer Barry Brandon, S"VP /General Counsel Seneca Gaming Corporation Board of Directors Peter Cutler, Cozrunications Director Alisa Lukasiewiez, Corporation Counsel Seneca Nation of Indians President - Barry B. Snyder, Sr. Cleric - Geraldine .Huff VkVMnly ox m a Trea5Urer - Maurice A. John 12837 ROUTE 438 I<RVING, YEW YORK 14081 Tel. (716) 532 -1900 rAX (716) 532 -9132 July 25, 2005 PRESIDENT'S OFFICE VIA ELECTRONIC MAIL AND FACSIMILE Mayor Byron Brown Room 201, City Hall Buffalo, New York 14202 Dear Mayor Brown: P.O. BOX 231 SALAMANCA, NEW YORK 14779 Tel, M6) 945 -1790 FAX (716) 945 -0150 As you know, we have been working extremely .hard in the last few months and especially-in the last few weeks to corne to an ag cement with the City that would confirm the City's support for our Buffalo Creek project and allow for the transfer of Fidton Street in order to allow for the grand vision we have shared with you to become a reality. I thought we had come to a final deal on this earlier this month, but was apparently mistaken. In my view, our discussions had produced a substantial win -win for both sides. For our part, we had made substantial commitments to address the elements that you identified as most important to the City, including: (1) a commitment to wake up to $7 million in infrastructure improvements in the area surrounding our Buffalo Creels territory; (2) a commitment to purchase Fulton Street for additional cash consideration of over 5500,000; (3) a commitment to work with you in Albany to ensure the City was the recipient of all host municipality payments (which by conservative estimates could reach as much as $100 million over the terui of our current Compact); (4) a con nitnient to invest at least 5125 million in capital costs for the casino facility and ramp alone, with more for the other elements of our grand design as we built it out; (5) a reaffirmation of our commitment to minority and women hiring practices; (5) a commitment to expend in excess of 51.7 million per year to market out facility and the City of Buffalo to visitors from outside the City and the State; and (7) a commitment to create 1,000 plus good paying joins. Unlike most development deals, we did not demand or receive concessions from the City; rather, as a sovereign -owned entity, we worked responsibly with you and the City to try to make our project as much a win -win as possible. Although I do not have the details on other proposed investments, I would hazard that this is the most lucrative investment agreement this City has had on the table in a very long time, perhaps ever. As I noted above, I thought we had actually reached a final agr eement earlier this month and was anxious to move forward. Indeed, the City Common Council is voting today on certain aspects of the transfer of Fulton Street, which is an essential element to our grand design for the project. Consequently, you can imagine how disappointed I was to learn that I was mistaken and that, after all the concessions and commitments we have aheady made, you are still insisting that we_pay the City an additional $1 million for marketing to help "rehab" the City's image. Your insistence on this point comes after weeks of our making it clear that, when combined with all the other elements of this agreement with the City, this was simply too much. We could not have been clearer on this point, that this was a "deal breaker" and that by insisting on this additional fund, the City ran the risk of losing the deal altogether. What should have been a productive and positive negotiation dragged on for months, with the City insisting on unrealistic commitments that unnecessarily delayed our project. We must now move on. For your information, I am attaching a copy of the agreement I thought we had reached earlier this month. I Dope my understanding is incorrect and that the deal we presented and as attached is acceptable. However, if I do not hear from you prior to the Common Council meeting today at 2 p.m., I will, with regret, reach the conclusion that we must go our separate ways and announce that we are proceeding with a less grand design for our project. I will regret this because, as I have told you many times, I believe'that our grand design was a "win -win" for the City It would be an investment that would attract visitors from around the country and the world to a new Buffalo. It would have meant more construction and other jobs for the people of Buffalo, more revenue for the City, and would have served as a magnet for other, similar investments. To see this vision become a reality, we have been willing to work with you for months to try to address the numerous concerns and issues you put on the table. Until yesterday, I thought we had been successful. I still bold out some small hope that perhaps, before the Common Council meeting today, you will call me to affinn that our shared vision of a grand development at Buffalo Creek is one that could still become a reality. I am realistic enough to realize this is not at all likely at this point, but I will take your call if you decide to rxake it. Sincerely, 1HE SENECA NA'T'ION OF INDIANS Barry E. nyder, Nresident cc: John Pasqualoni, CEO & president Joe D'Amato, Chief Operating Officer Barry Brandon, SVP /General. Counsel Rajat Shah, SVP /Corporate Development Steve Casey, Deputy Mayor Peter Cutler, Communications Director Alisa Lukasiewicz, Corporation Counsel &F--G &D " T 7 . -- E-Kecqtion version AGREEMENT TFUS AGREEMENT is made and entered into on the day of , 2006 between the City of Buffalo, New York ( "City "), the Seneca Ganging Corporation ( "Corporation "), Seneca Erie Gaining Corporation ( "SEGC ") and, solely for purposes of Sections 4(a), 8, 9(c), 10 and I I hereof, but subiect to Sectio 1. 2 and 3 hereof the Seneca Nation of Indians (the "Seneca Nation" or the "Nation "), and shall be effective as set forth in Section 2 hereof. WHEREAS, the Corporation was formed on August 1, 2002 and is wholly owned, and tribally chartered, by the Nation; and WHEREAS, the Nation is a sovereign Indian nation recognized by the federal government of the United States of America and possessing all sovereign rights and powers pertaining thereto; and WHEREAS, the Nation and the United States have entered into various treaties over time recognizing the Nation's sovereign status and rights; and WHEREAS, under the Indian Gaming Regulatory Act of 1988 ( "IGRA "), federally recognized Indian tribes are permitted to conduct class III casino operations on Indian lands, subject to, among other things, the negotiation of a compact with the affected state; and WHEREAS, pursuant to IGRA, the Nation entered into the Ntieir Qtn#e C�a�ing COB prwit] —#1t c r e,. Tr ,.- y i E � tt, . <s� ., �r.,,� c� n „� -. t P 7nr1.t,:,.i ��rai -? ife -i �3ti tits -the eclerz Rr gis r era I ec-en c '- 9 a Comoact. as tha term i5 defined herein. on . uOrust 2002; and � WHEREAS, the Compact provides the Nation the exclusive right to build and operate three class III gaming facilities in Western New York, including in Erie County; and WHEREAS, under the Compact, in consideration of this exclusivity and in consideration of the other undertakings and agreements therein set forth, the Nation agreed to contribute to the State of New York a portion of the proceeds from the operation and conduct of each category of gaming device for which exclusivity exists, based on the wim d o of such machines (e s-hgi e � dropped into machines, after �s a gut but before �esex ense the "State Contribution "), and WHEREAS, the State Contribution to the State of New York for years 1 -4 of the Compact is 18.0% paid on an annual basis; thereafter, the State Contribution is 22.0% for years 5 -7 of the Compact payable on a semi - annual basis and 25.0% for years 8 -14 of the Compact payable on a quarterly basis; and WHEREAS, the Compact also provides that "host municipalities should be compensated to be able to adjust to the economic development expected to result from the gaming facilities authorized" by the Compact and that . ec�nsisten# with that. "the State shall reach financial 1aa33sao.t _2_ agreements with the frost municipal governments, and any payment pursuant to such agreements shall be made by the State" (such compensation, the " 51)Host C2m_nut�hare'°L w_ ell come rrra _cnnsist of a s of the Stak Contribution to be . aid b the State tl�e "o. t� mun and WHEREAS, the New York State Legislature subsequently enacted legislation setting the minimum level of such �.ic�st Cc�trlrrunitY Share to be paid to the host municipality at twenty - five percent (25 %) of the total State Contribution paid in any given year with respect to gaming device revenue derived from the gaming facility to be located in the County of Erie; and WHEREAS, the Nation chartered the Corporation to operate and manage the Nation's gaming operations and for the purpose of developing, constructing, leasing, operating, managing, maintaining, promoting and financing all of the Nation's gaming facilities; and WHEREAS, the Nation's Tribal Council, at the request of the Corporation's Board of Directors, chartered three subsidiary corporations of the Corporation to operate the three sites authorized by the Compact; and WHEREAS, the subsidiary corporations are Seneca Niagara Falls Ganging Corporation, which operates Seneca Niagara Casino & Hotel, Seneca Territory Gaming Corporation, which operates Seneca Allegany Casino and SEGC which was chartered on August 9, 2003 to develop acid operate a gaming facility in Erie County; and WHEREAS, the City is a subdivision of the State of New York, possessing all rights and powers pertaining thereto; and WHEREAS, the Buffalo Fiscal Stability Authority ( "BFSA ") was created by the State of New York in 2003 with certain powers over the finances of the City of Buffalo including the- power to approve certain contracts entered into by the City of Buffalo; and Wl LEREAS, the BFSA has determined that all contracts involving the City of Buffalo that have a contract value of $50,000 or more must obtain BFSA approval; and WHEREAS, this Agreement exceeds the threshold of BFSA approval authority and .mast therefore be referred to the BFSA for action prior to the City of Buffalo executing this Agreement; and WHEREAS, on October 3, 2005, the Nation acquired approximately nine acres of land in the Inner Harbor Area of downtown Buffalo and designated that laird as its preferred site in Erie County for constructing a class III gaming facility; and WHEREAS, pursuant to and by operation of federal law, the Nation holds the Seneca Buffalo Creek Territory as restricted fee property and the Seneca Buffalo Creek Territory constitutes "Indian country" within the meaning of 18 U.S.C. Section 115 1, and gaming eligible "Indian lands" under IGRA; and WHEREAS, the Compact requires that, in order to preserve the Nation's exclusive right to establish and operate a class Ill gaming facility in Eric County, New York, the Nation must 7623324 v.13 -3 have commenced construction of a class III gaming facility in Erie County by December 9, 2045; and WHEREAS, the Nation has made the Seneca Buffalo Creek Territory available to the SEGC for its use in developing a class III gaming facility; and WHEREAS, the SEGC commenced construction of a class III gaming facility on the Seneca Buffalo Creek Territory on December 8, 2005, and, as indicated by the Nation and the Corporation, construction of the casino on the Seneca Buffalo Creek Territory (the "Seneca Buffalo Creek Casino" or "Casino "), will be completed whether or not the City transfers the Fulton Street Section to the Corporation, and WHEREAS, in order to obtain the benefits and to enter into the obligations of this Agreement, the Nation has.agreed to, and has authorized the Corporation and SEGC to agree to, the tinilted waiver of sovereign immunity set forth in this Agreement; and WHEREAS, in order to obtain the benefits and to enter into the obligations of this Agreement, the City has agreed to the alternative dispute resolution process specified in this Agreement; and WHEREAS, in recognition of the rights and responsibilities of the Parties in accordance with applicable federal, Nation and New York State law, and in order to ensure their mutual benefit, the Parties wish: to set forth their understandings with respect to certain matters pertaining to their ongoing relationship; NOW, THEREFORE, the Parties hereby enter into this Agreement. Dcfinitions For purposes of this Agreement, including the Appendices, terms defined in the preamble, recitals and other Sections of this Agreement shall have the meanings set forth therein and the following terms shall have the meanings set forth below: (a) " Agreement " means this Agreement and all Appendices attached hereto, as it may be amended from time to time in accordance with its terms. (b) " At3endix " means an appendix to this Agreement, atl of which pis incorporated into this Agreement by reference aid made a part hereof. "Appendices" means more than one Appendix. "Cas' e s the faci.li des in endix E, fo (c+" Certified Mail means certified or registered mail, Federal Express, United Parcel Service, Express Mail or any similar mail delivery service generating a return receipt or a signature of the recipient, confirming delivery of that mail. Certified Mail does not include electronic mail. LeJ (*-" has the meaning set forth in the preamble to this Agreement. 7623824 v.13 -4- ( "Q 6 "Conzoact "_rneans,thz K ati. can- �t�te _G4 in.�i��_Cc,�_n�'�__a_ut W between tlae Nation and t��e State of New York executed_ �t!�'u5t_l$ 200?���hich_��ra dccn�c a�.�3�gyud� the t1,S. ec et�irl t? i [ e_lntcrior�_tc�_,tize �atc co n5istcnt wit 1t i A and.bec�ine c eon its ptcbltc.�tin tpt_t T�ecie I�e�;i on D�cc �1. 2002 incllxdin __a�_!I_amei�dmenis. Modi ica i ns and s Iemc nt 2ereto. W (f) " Corporation " has the meaning set forth in the preamble to this Agreement but, except in the recitals and Section 2 hereto, shall also include SEGC, it being recognized that all rights and obligations of the Corporation hereunder shall also be rights and obligations of its subsidiary SEGC and that the City shall have the right to enforce this Agreement against the Corporation, SEGC or both of them in the manner specified in this Agreement. j� (& " Effectivc Date has the meaning set forth in Section 2 of this Agreement. Q t ' ulton Street Payment means a payment from the Corporation to the City, in immediately available funds, in the amount of six hundred thirty one thousand six hundred dollars ($531,600), which is the purchase price for the Fulton Street Section as determined by the City pursuant to the process set forth in the City of Buffalo Charter and ordinances. W " Fulton Street Section means that section of Fulton Street between Michigan Avenue and Marvin Streets but not including any portion of the right of way of Michigan Street or Marvin Street as delineated in Appendix A hereto; for the avoidance of any doubt, the Fulton Street Section includes any right, title or interest in the airspace above or the lands below said Section. G+ " Governmental Authorit }r " means any nation, country, commonwealth, territory, government, state, federally recognized Indian nation or tribe, county, parish, municipality, or other political subdivision and any entity, whether federal, state, local or otherwise, exercising executive, legislative, judicial, regulatory, or administrative functions of or pertaining to government. . (lam "Ht Com un rc' his fh rri ftlrtll zn tie r cl lass t illis f� {rrE21 �il.t. Lm Infrastructure Improvements means the improvements listed on Appendix C hereto. jn� (0- " Inner Harbor Area means the area described in Appendix D hereto. U (W' Material Breach means a material, uncured breach of this Agreement. "O .in �' means the date on which all the eletn.ents of th Ca.a are oiM-(L to the �erleral tlublic_ -- -- __.� � .�_ 7633s24 v.13 -5- W (e} means any signatory to this Agreement. (p- " Parties " means Ewa eF--r� the signatories to this Agreement unlou he context s,�cificaCl re uires otherwise. fs)s (q)- "Person" means an individual, corporation, partnership, trust, limited liability company, limited liability partnership, unincorporated organization, Governmental Authority, any agency or political subdivision of any government, or any other form of entity. U ( +y " Seneca Buffalo Creek Territory means the approximately nine acre site owned by the Nation in restricted fee status and bounded by Perry Street, Marvin Street, South Park Avenue and Michigan Avenue, and "Seneca Buffalo Creek Territory" shall include the Fulton Street Section if and when it is converted to restricted fee status pursuant to federal law. 4i1 r° ' State Contribution has the meaning set forth in the recitals to this Agreement. 2. Effectiveness of Agreement This Agreement shall be effective upon the latest to occur of (i) execution of this Agreement by the Mayor of the City after authorization from the Buffalo Common Council, (ii) execution of this Agreement by a duly authorized officer of the Corporation and EG C after adoption of resolutions of the Boards of Directors of the Corporation and SEGC approving the execution, delivery and perfunnance by the Corporation and SEGC of this Agreement, (iii) approval of this Agreement by the BFSA and (iv) execution of this Agreement by a duly authorized officer of the Nation after adoption of resolutions of the Nation's Tribal Council approving the execution, delivery and perfori by the Corporation, SEGC. and the Nation of this Agreement) (the latest to occur of such dates, the "Effective Date "). The City shall promptly notify the Corporation when the execution and approvals referenced in clauses (i) and (iii) of the preceding sentence have been obtained and the Corporation shall promptly notify the City when the execution and approvals referenced in clauses (ii) and (iv) of the preceding sentence have been obtained. Term of Agreement (a) Termination Date This Agreement shall terminate upon expiration or termination of the Compact in accordance with its terms, taking into account any automatic renewal term set forth therein and any renewal term agreed upon by the parties thereto. (b) Effect of Termination No termination or expiration of this Agreement shall affect (i) the obligation of any Party to pay any amount owed to any other immediately prior to such termination or expiration or (ii) any remedies of any Party hereto for breach of this Agreement. Termination or expiration of this Agreement shall not serve as the basis for a Party to seek repayment of any consideration paid or undoing of any obligation fulfilled as of the date of such termination or expiration. 4. Joint Efforts (a) New York State Matters. The Nation agrees to work with the City, in accordance with all applicable laws: 703824 v.13 (i) to facilitate dialogue between the City and New York State to have the City designated by New York State as the sole "host municipality" for the gaming facility on the Seneca Buffalo Creek Territory under, and as contemplated by, the Compact and °ubdi n 3 of 99 h of the State an.rs adev el��a?9 �f tl3e� 200 - S Scction D -h of New York ,fate Fizlan I, v ; (ii) to facilitate a dialogue between the City and New York State with the goal of assisting the City to obtain at least twenty-five percent (25 %) of the portion of the State Contribution derived from net gaining device drop in the gaming facility on the Seneca Buffalo Creek Territory; provided that in no event shall the Nation have any obligation to pay more than the State Contribution it is required to pay under the Compact attributable to net gaming device drop in the gaming facility located on the Seneca Buffalo Creek Territory; and (iii) to facilitate dialogue between the City and New York State concerning the possibility of the enactment of legislation froz+ft the New York State Legislature and/or an appropriate contract or agreement with the State of New York that would allow the Nation to pay the b e-a1 HoSY_Cpminlrrtl V Share attributable to net gaming device drop from the gaming facility located on the Seneca Buffalo Creek Territory directly to the City instead of to the State of New York as currently required by the Compact and, with respect to persons and entities other than the Nation., the Corporation and any other Nation entity, New York State Finance Law. (b) Fire. The Corporation and the City agree to work together to seek to maximize the safety of Casino employees and visitors to the Casino. In furtherance of the foregoing, the Corporation and the Fire Commissioner of the City of Buffalo will maintain a cooperative relationship and the Corporation will provide opportunities for City fire protection personnel to familiarize themselves with the floor plans of the Casino and any other improvements on the Seneca Buffalo Creek Territory and permission for such personnel to enter the Seneca Buffalo Creek Territory in the event of a fire emergency. (c) Police Should the Corporation need traffic or crowd control assistance for special events, the Corporation sha.lI request in writing such assistance from the City and the City shall provide such assistance. The Corporation agrees to reimburse the City for its out of pocket costs therefor plus the City's administrative review costs in the same amount and in the same manner as applies to other special events in the City of Buffalo. The Corporation shall maintain at the Seneca Buffalo Creek Territory its in -house security service to provide substantial protection to the Seneca Buffalo Creek Casino and its employees and patrons and their property. The Nation shall provide for police protection on the Seneca Buffalo Creek Territory in accordance with the Compact and applicable law. It is recognized and agreed that the Seneca Nation Marshals or other police services of the Nation or private security services engaged by the Nation or Corporation shall not have any police or enforcement powers within the exterior limits of the City except on the Seneca Buffalo Creek Territory where they shall have such powers as are afforded by applicable law. (d) Water Recognizing the requirement to provide water service to all eligible customers under existing applicable federal law, the City shall provide local water service to the Corporation at the Seneca Buffalo Creek Territory. The Corporation shall purchase water from 7623824 v.13 -7- the City for the Seneca Buffalo Creek Territory and shall pay water invoices at the same 4fftedue dates and at the same rate as is charged from time to time to other similarly situated customers using the same volume of water. The Corporation shall arrange for and pay for connection to water service under the same tern and conditions as applies to other similarly situated customers seeking similar connections to sewer service, including the requirement to use a licensed plumber to make the connections. The City shall arrange for the Seneca Buffalo Creek Territory to be connected to local water in accordance with its customary procedures and such connection shall be accessed and maintained on the same terms as other similarly customers. (e) Sewer Recognizing the requirement to provide water service to all eligible customers under existing applicable federal law, the City shall provide local sewer service to the Corporation at the Seneca Buffalo Creek Territory. The Corporation shall purchase sewer service from the City for the Seneca Buffalo Creek Territory and shall pay sewer invoices atop the same time dates and at the same rate as is charged from time to time to other similarly situated customers. The Corporation shall arrange for and pay for connection to sewer service under the same terms and conditions as applies to other similarly situated customers seeking similar connections to sewer service, including the requirement to use a licensed plumber to make the connections. The City shalt arrange for the Seneca Buffalo Creek Territory to be connected to the local sewer in accordance with its custoanary procedures and such connection shall be accessed and maintained on the same terms as other similarly situated customers. (f) Refuse collection It is understood and agreed by the Parties that the Corporation will not be relying upon the City to provide refuse collection services to the Seneca Buffalo Creek Territory but that the Corporation will instead engage the services of a private contractor. 5. Environmental Matters Although not required to do so, the Corporation will voluntarily cooperate in the preparation of such environmental reviews or reports that are required,of the City by state or federal laws, including, but not limited to, the City's compliance with the New York State Environmental Quality Review Act ( "SEQRA ") with respect to the approval of this Agreement. 6. Covenants of the City In exchange for the connrnitments of the Corporation and the Nation in this Agreement, the City shall (a) Fulton Street Section (i) Promptly take such steps as are necessary under applicable law to abandon and sell to the Corporation the Fulton Street Section, using the appraisal method provided for in the Charter and ordinances of the City of Buffalo and (ii) within thirty (3 0) days after the Effective Date, deliver to the Corporation, upon receipt of the Fulton Street Payment, a duly executed quitclaim deed in the form ofAppendix B hereto, together with an RP 5217 form, executed by the City, and a TP -584 form, both completed with respect to the City to the extent required. The sale of the Fulton Street Section shall be free and clear of any encumbrances. The City agrees to allow the Corporation to cap off, and to cooperate in any reasonable manner with such capping off, in each case at the expense of the Corporation and in accordance with applicable law, all public utility lines and facilities currently located within or under the Fulton Street Section. Upon delivery to the Corporation of the executed quitclaim deed to the Fulton Street Section, the City shall, at the request of the Corporation or the Nation, 9623824 v_13 _g_ transmit a letter to the U.S. Secretary of the Interior supporting the Nation's submission to have the Fulton Street Section taken into restricted fee status in accordance with the Seneca Nation Land Claims Settlement Act. (b) Infrastructure Improvements Cooperate in good faith with the Corporation in any reasonable manner requested by the Corporation to assist in the expeditious completion of the Infrastructure Improvements and to hold regular meetings with the Corporation for the purposes set forth in Section 7(d) of this Agreement. Lej Loe.al llost_Cn_ m pj Share, Deposit an amount equal to fifteen percent (15 %) of each of the first eight and a half arwual L I I. ost Com nunit Share payments- 4te�-- 11 if any, received by the City Afrq -Op o the Cats ii— , into a segregated account established by the City in the City's general fund designated solely for the purposes discussed below. Decisions as to expenditures from this designated segregated account wouldsha 1 be made by the City, w after consultation with and a e4gdvice by a board ee-tors that consists of four individuals as follows: one individual designated by the Mayor of the City, one individual designated by the City's Common Council, one individual designated by the Nation's Tribal Council, and one individual designated by the Corporation. The advisory board ; , will recommend expenditures of those funds in the des-i ated segregated account far use in the Inner harbor Area eluding e l u fan Cxvek = The funds in the designated segregated account shall only be used to stimulate business and economic development in the Inner Harbor Area in order to create a critical mass of tourism and visitors to such Area. In order to achieve such critical mass, the proceeds in the designated segregated account shall be used to (1) stimulate the development of middle and upper income housing and (2) fund improvements to roadways, signage and pedestrian areas, tourism and recreation initiatives, and any other initiative designed to stimulate tourism and visitors to the Inner Harbor Area. This advisory board shall meet on a regular basis but no less than once every three months- after creation of the designated segregated account. The advisor hoa shal rer nainn existenc fun de os zn the segregated acoitnt ha��e been ea�nded in accordance with tl�js Se ction. For the avoidance of doubt, any rmeniatning amounts received by the City from the State Contribution that are not d_eositeci in_ the segregated account referenced in th of this Section shall be for use by the City without any obligation to consult with or obtain the approval of the Fii l advisory board the Corporation or the Nation. (d) Marketing Through the Buffalo Convention and Visitors Bureau ( "CVB "), cooperate in good faith with the Corporation to promote tourism in the Inner Harbor Area. Such marketing efforts of the CVB shall include marketing of the Corporation's facilities on the Seneca Buffalo Creek Territory. 7. Covenants of the Corporation In exchange for the commitments of the City in this Agreement, the Corporation shall: (a) Build the Casino Build, on the Seneca Buffalo Creek Territory, a casino and parking ramp substantially in accordance with the design that was publicly unveiled on or about June 1, 2006, with an aggregate ca _ tal.investment by the Corporation app r - at least 7623924 vA3 one hundred twenty -five million dollars ($125,000,000) and which will include 1,900 to 2,200 slot machines and 30 to 50 table games, all as more fully described in Appendix E . (b) Fulton Street Payment The Corporation will pay the Fulton Street Payment to the City in cash, in immediately available funds, upon receipt of the deed referenced in Section 6(a). (c) Construction The Corporation agrees to dispose of construction debris from the construction of the Casino in accordance with federal, Seneca Nation, state and local laws, if and to the extent applicable. (d) Infrastructure Improvements The Corporation agrees at its ex ense. to undertake acid complete the Infrastructure Improvements in a timely and expeditious manner. Completion of the .Infrastructure Improvements is expected to occur no later than six (6) months following the ep i enin of the Casino se ice. The Infrastructure Improvements are expected to cost between S5 and $7 million. The City and the Corporation acknowledge the Infrastructure Improvements to be made on the streets and rights of way of the City of Buffalo will be completed in accordance with all applicable laws and ordinances ar-td4hat *-ty arid�ncludina without lirnitatzon, any re uirement tEaat tl�e C c�__ oratialz_e_ uir its contractors to indei n and__hald tll.e, City harmless and,_tc _ r v c Le_ 11 Mary insurance covey aue narnin ,the Cit its relevant affiliated entities as ad insu edsl. The Ci the Corporation will bold regular meetings to Ufmi : skleh e � �' T rev_i et pro.6ress on the Infrastructurenl rn oventetata (e) MWBE/Workforce Matters (i) The Corporation agrees to provide to the City, within sixty (60) days after the end of the Corporation's fiscal year, an annual written report that includes information regarding (x) the total number of people employed by the Corporation and Subsidiary at the gaming facility on the Seneca Buffalo Creek Territory and (y) the numbers of such employees who are minorities and women. The Corporation shall also make available a human resources manager of the Corporation to attend a Common Council meeting once annually, if requested, to make a presentation regarding such annual report. (ii) The Corporation agrees to work with the agencies listed in Appendix F hereto to increase economic opportunity/employment opportunities for minorities and women including, without limitation, giving to such agencies advance written notice of job fairs and conducting job fairs in economically disadvantaged areas of the City, as identified by .the City. (f) Marketing Covenants. Recognizing that it is in the best interests of the Parties that the Seneca Buffalo Creek Casino draw visitors from outside the Western New York area, and maximize the amount of tourist dollars coining to the City and the Corporation from outside of the Western New York area, the Corporation agrees to: (1) Work with the board of the Buffalo Convention and Visitors Bureau ( "CVB ") any other marketing committee or board created by the City to coordinate marketing of the City as a tourist destination in its own right. Such efforts will include marketing of the facilities located on the Seneca Buffalo Creek Territory. 76D824 v.13 -to- (ii) Spend, annually, more than the CVB's budget for fiscal year 2005 on marketing the Corporation's development project on the Seneca Buffalo Creek Territory to people outside of the eight counties of Western New York, including on marketing strategies which would market the development project on the Seneca Buffalo Creek Territory as a package with other attractions in the City. Within nine_ ..._ 90J days of the end of each fiscal year of fid Cor poration fall owing 1- rpezirn of the Casinoi dc�ppend E, the Corporation shall to the Cites certificate fepFesentiftg an officer of the Carporation co nfignJar, compliance with this Section 7(f)(ii). (iii) Have a marketing executive from the Corporation make a presentation on an annual basis to the City of Buffalo Common Council to report on the foregoing marketing efforts. 8. Covenant of the Nation Each of the Corporation and Nation will designate an individual to participate on the board of directors described in Section 6(c) above. 9. Intentions With no legal obligation of each to the other (except to the extent expressly set forth elsewhere in this Agrecment) but as a confirmation of their respective good faith intentions: 3623324 v.13 - 11 - (a) Comoration The Corporation declares its intention to (i) be a good neighbor to the City, (ii) employ approximately 4-M thou and 1 people at the facilities located on the Seneca Buffalo Creek Territory during the term of this Agreement as set forth in Section 3, with first and secondary preference given to qualified members of the Seneca Nation and Native Americans, respectively, in accordance with Nation law, and then consistent with existing human resource policies of the Seneca Gaming Corporation to provide a preference for qualified local residents, which in the case of the Seneca Buffalo Creek. Casino would be the residents of the City of Buffalo, but with due regard for diversity within the workforce at all levels and with special efforts to recruit in high unemployment areas of the City of Buffalo, as designated by the City, (iii) use local construction companies in construction of the facilities located on the Seneca Buffalo Creek Territory and local vendors and suppliers to purchase the majority of its supplies and services (recognizing that they must first be licensed under applicable Nation procedures and that the contracting and procurement processes are subject to Nation law), (iv) explore non- gaming economic development projects in the City on land not taken into restricted fee status, (v) build the Casino and all other improvements on the Seneca Buffalo Creek Territory to building code requirements that are at least as high as those analogous but otherwise inapplicable New York State building codes, acknowledging that New York State building codes are not otherwise applicable to such construction, (vi) continue to follow policies with the goal of having a workforce to be employed at the gaining facility on the Seneca Buffalo Creek Territory that is composed of at least 25% minorities (which terns includes, for purposes of this Section 9(a) and Section 7(e) above, members of the Nation and Native Americans) and at least 8% women; and (vii) to use good faith efforts to maintain in effect, during the construction phase and during the operation of the facility on the Seneca Buffalo Creek Territory, policies designed to achieve the goal that at all times 25% and 8% of such facility's suppliers of goods and services (by number and dollar volume) will be minority and female owned businesses, respectively, (recognizing that, in each case, they must first be licensed under applicable Nation procedures and that the contracting and procurement processes are subject to Nation law). (b) Cam. The City of Buffalo declares its intention to (1) be a good neighbor to the Corporation and the Seneca Nation. (ii) make such additional infrastructure improvements in the area of the Seneca Buffalo Creek Territory as may be determined at a future date to support the Corporation's development project on the Seneca Buffalo Creek Territory as well as Inner Harbor Area projects, and. (iii) to the extent permitted by applicable law, cooperate with and assist the Corporation and the Nation in their activities on the Seneca Buffalo Creek Territory. (c) Nation and Corporation The Corporation and Nation confirm that consistent with the Compact, except for the Seneca Buffalo Creek Territory, no land in the City of Buffalo will be acquired utilizing the provisions of the Seneca Nation Land Claims Settlement Act to implement Compact requirements, including requirements of any successor compact, to build and construct their class III gaming operation in the City of Buffalo. 7623924 v.13 _12W 10. Party Dispute Resolution (a) Purpose. The Parties intend to resolve disputes in a manner that will foster a spirit of cooperation and efficiency in the administration of and compliance by each Party with the provisions of this Agreement. (b) Negotiation: In the event of any dispute, claim, question., or disagreement arising from or relating to this Agreement or the breach hereof, the involved Parties shall use their best efforts to settle the dispute, claim., question, or disagreement. To this end, erg -any Party may provide written notice of a claim to the other in accordance with Section 10(a) hereof Upon receipt of such written notice, the iiz shall then meet within fourteen (14) days, shall negotiate in good faith and shall attempt to reach a just and equitable solution satisfactory to bekh involved Parties. (c) Method of dispute resolution If the involved_ Parties do not reach such resolution within a period of diii - t y (30) days after such meeting, or if the involved Parties fail to meet and thirty (30) days pass after the written notice of a claim is received, then, upon notice by either invo lved Party to the other, eitheE° invrrlve Party may submit the dispute, claim, question, or disagreement to binding arbitration. (d) Arbitration notice The notice for arbitration shall specify with particularity the nature of the dispute, the particular provision of the Agreement at issue and the proposed relief sought by the Party demanding arbitration; provided, however, that ne7it4 g in�r�lved Party may seek monetary dainages, other than specific performance, for any alleged dispute, claim, question or disagreement. (c) Selection of arbitrators Each involved. Party shall select one arbitrator and the two arbitrators shall select the third Dr ovided, howev that i a dis ute involves rwo o more_c the Cornoratton $EC'T(' -apd the Nation,as involved Parties, then these involved Partiea, I only be entitled to selec one arbitrator froi atncrngst them (f) Procedures for arbitration Arbitration under this Section shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association or such other rules as the involved Parties mutually agree. Three arbitrators shall preside and shall be selected by the in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall take place at a location agreed upon by the p involved Parties or, in the absence of such agreement, determined in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator(s) shall render a decision within forty -five (45) days after the conclusion of the arbitration. (g) Arbitration costs The cost of the arbitration shall be shared equally by the ins yo[v_ed_ Parties, but the involved Parties shall bear their own costs and attorneys' fees associated with their participation in the arbitration. (h) Remedies For Material Breaches, the arbitrators may impose as a remedy only specific performance or termination of the Agreement. For all other breaches other than Material Breaches, the arbitrators may impose as a remedy only specific performance. In no event shall 7623324 v.13 -13- monetary damages, other than specific performance, be available as a remedy to eithe ram Party for any alleged breaches of this Agreement, including Material Breaches. (i) Arbitration decision The decision of the arbitrators shall be final, binding and non - appealable. failure to comply with the arbitration award within the time specified therein for compliance, or should a time not be specified, then forty -five (45) days from the date on which the arbitration award is rendered, shall be deemed a breach of the Agreement. The prevailing party in an arbitration proceeding may bring an action solely and exclusively in the U.S. District Court for the Western District of New York to (i) compel arbitration under this Agreement or (ii) enforce an arbitration decision. The Nation and the Corporation and SEGC, irrevocably agree to waive their respective sovereign immunity on a limited basis, to consent to the jurisdiction of such federal court and any federal court having appellate jurisdiction over actions of such court and to consent to suit in such courts solely and exclusively for the strictly limited purpose of such an action in such courts as described in the previous sentence and for no other purpose. The Nation and the Corporation hereby expressly and irrevocably waive any right they may have to seek tribal proceedings or jurisdiction for resolution of a dispute related to this Agreement or the subject matter Hereof. 11. Miscellaneous (a) Official notices and communications All notices and conuununications required or authorized to be served in accordance with this Agreement shall be served by Certified Mail at each of the following addresses: Seneca Gaming Corporation President Seneca Gaming Corporation, 310 Fourth Street Niagara Falls, New York (Seneca Nation Territory) 14303 With a copy to: General Counsel Seneca Gaming Corporation 310 Fourth Street Niagara Fal Is, New York (Seneca Nation Territory) 14303 Seneca Nation of Indians President Seneca Nation of Indians William Seneca Building 12837 Route 438 7623824 v.13 -14- Irving, New York 14081 With a copy to: Seneca Nation of Indians Department of Justice P.O. Box 23 1 Salamanca, New York 14779 City of Buffalo, New York Mayor City of Buffalo Room 201 City Hall Buffalo, New York 14202 With a copy to: Corporation Counsel City of Buffalo Room 201 City Hall Buffalo, New York 14202 (b) Further Assurances The Parties shall execute and deliver all further instruments and documents and take any further action that may be reasonably necessary to implement the intent and the terms and conditions of this Agreement. Without limitation of the foregoing, the Parties will each seek, in a timely manner, any further ratification of this Agreement that may be required. (c) Successors and Assigns. All covenants and agreements herein contained by or on behalf of the Parties shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns. (d) No Assignment. Neither this Agreement nor any rights, responsibilities or obligations hereunder can be transferred or assigned, whether by operation of law or otherwise, without the prior written consent of the non - assigning parties. (e) No •Th.ird_Pat-t 13erteficiaries. All provisions herein are imposed solely and exclusively for the benefit of the Parties hereto. No other Person shall have any right, benefit, priority, or interest hereunder or as a result hereof or have standing to require satisfaction of provisions hereof in accordance with their terms. (f) Governing Law Solely and exclusively for the limited purposes of this Agreement, this Agreement shall be governed by, and construed in accordance with, the laves of the State of New York applicable to contracts executed in and to be performed in that State, 7673834 v.13 - 15 - without reference to any conflict of laws provisions thereof except Sections 5 -1401 and 5 -1402 of the New York General Obligations Law. (g) Severabilit . In the event any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement. (h) Modifications; A nd Amendments-o��,'-a}vers This Agreement may be amended only by an agreement in writing executed by all of the Parties h ereto with any approval which may be required by applicable law. (1) References References in this Agreement to Section or Appendix maiibers or Le tters shall be to Sections of or Appendices to this Agreement, unless expressly stated to the contrary. References in this Agreement to "hereby," "herein," "hereinafter," "hereof," "hereunder" and words of similar import shall be to this Agreement in its entirety and not only to the particular Section or Appendix in which such reference appears. (j) Compact. Nothing in this Agreement shall limit the rights of any party to the Compact or be deemed to supersede the terms of the Compact. In the event of a conflict between the terms of this Agreement and the terms of the Compact, the terms of the Compact shall control. (k) No taxes or assessments. Nothing in this Agreement shall authorize or provide for any form of tax or assessment of any kind to be levied by the City or any other State instrumentality, political subdivision or entity on the Nation, the Corporation, Nation members, or any Nation corporation, instrurnentality or entity. (1) Survival The provisions of Section 9(c) of this Agreement shall survive the termination or expiration of this Agreement. (m) Count s. For the convenience of the Parties, this Agreement may be executed in multiple counterparts, each of which for all purposes shall be deemed to be an original, and all such counterparts shall together constitute but one and the same Agreement. 7623N74 v.13 _16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above. CITY OF BUFFALO SENECA GAMING CORPORATION By: By: Name: Name: Title: Title: SENECA ERIE GAMING CORPORATION By: Naze: Title: For purposes of Sections 4(a), 8, 9(c), 10 and I I only, but subject ub ect_ Sections 1, 2_a 3. THE SENECA NATION OF INDIANS By :_ Name: Title: 7623824 v.13 -1"7W Appendix A Fulton Street Section 7623824 v.13 --18- Appendix B Form of Quitclaim Deed [To beer -sided by the Cit}'- e- d��-af j 7623534 v.13 _19- Appendix C Infrastructure frnprovements 1.0 FULTON STREET (presently 28' wide — 35' wide) to be abandoned from Michigan to Marvin sanitary sewer replacement (8" x 700 LF) reconstruct section from Marvin to Chicago as four (12` wide) lanes two (2) eastbound and 2 (two) westbound - 300 LF 4.0 Install two phase traffic signal at the intersection of Chicago St. water main re lacement (10" x 300 LF) 2.0 CIRCAG O STREET : ( resently 42' wide, 685' long) to be remain at current curb -curb width J Mill and overlay and re-stripe 3 lanes for turn movements at intersections between Perry St. and South Park Ave. 3.0 f MARVIN STREET= (presently 35' wide, 685' long) to be reconstructed as two (12' wide) lanes, one(l) northbound, one(l) southbound, bet«reen Perry St. and South Park Ave. and Soutl- Park Ave. and synchronize with traffic signals at Michigan Ave. & South Park Ave. and Louisiana St. & South Park Ave. 5.0 1 Adjust signal timing at intersection of Michigan Ave. and Swan St. including northbound left turn arrow base and re- stripe eastbound approach of Swan St. water main replacement (10" x 700 LF) sanitary sewer replacement (8" x 700 LF) 4.0 Install two phase traffic signal at the intersection of Chicago St. and Soutl- Park Ave. and synchronize with traffic signals at Michigan Ave. & South Park Ave. and Louisiana St. & South Park Ave. 5.0 1 Adjust signal timing at intersection of Michigan Ave. and Swan St. including northbound left turn arrow base and re- stripe eastbound approach of Swan St. 8.0 Stormwater Outfall to Clarke Skinner tunnel 36" storm sewer (South Park to Michi A ve.) Reconstruct 500 LF South Park Ave. (1 travel lane) 36" storm sewer (Michigan Ave. to Fulton) Reconstruct 375 LF Michigan Ave.(1 travel lane) 7523924 vJ3 6.0 Re -des* gate southbound lane configuration of Michigan Ave. at intersection of Michigan Ave at Perry St 7.0 Adjust signal timing at intersection of Louisiana and Perry, and at Louisiana and South Park Avenue 8.0 Stormwater Outfall to Clarke Skinner tunnel 36" storm sewer (South Park to Michi A ve.) Reconstruct 500 LF South Park Ave. (1 travel lane) 36" storm sewer (Michigan Ave. to Fulton) Reconstruct 375 LF Michigan Ave.(1 travel lane) 7523924 vJ3 -20- F 9.0 Cut/ Cap and Abandon/Remove existing utilitie within Fulton ROW 10.0 Relocate Verizon duct bank - 1750 LF of 4 conduit duct bank including Restoration 11.0 Install new Traffic Signals at Scott/Louisiana and Perry /Louisiana Intersections 12.0 CHICAGO STREET (presently 42' wide, 2,250' long) to be mill /overlaid as three (12' wide) lanes, m Scott St. to Perry St. and from South Park Ave. to Ohio St. 13. OTT Tars STREET �' esently varies 2S' wide 42' wide, 930' long} to be recons tructed (12' wide) lanes, one(1) eastbound and one(1) -we with center turn lane, between Louisiana St. and C hicag o St. 141.0 TRAFFIC SIGNAL IMPROVEMENTS Install 2 phase traffic signal at Chicago and Perry ujsta traffic s F3[ at Mic hian _ and Sec�tt m 7623824 v.13 -21 - Appendix D Definition of Inner Harbor Area The Inner Harbor Area shalt include only that area located: i ou tside the Seneca_F31if.�ilc� _Cree Ic T erri lc �r. and. ii within the portion of the City bounded by Columbia Street on the west, Scott Street on the north, Ohio/Miami Street on the south, and Louisiana Street on the east, as Graphically depicted in the map below. 7623824 v.13 -22- Appendix E Casino Description The casino shall include a specialty restaurant, a 24 -hour casual dining restaurant, a multi- purpose room, rctail stores and a 2,500 -space parking garage - ci--t-1 . Tht casino and parking garage shall have an exterior physical appearance similar to the pig -estwo cortc al drawi s set forth in Appendices E -1 and 7523824 vA3 a� ¢ , .�, �� :' rr � �� a� - �- ,,,;� ���t ;rte � � � YY� F h : -:. p o'J' �Sfi r �_ .�� �'� � � �F�dYd ._{pr "a�r � � b � �� � •�, S��F 7 "F f i.. �r �� � ��90+� d�1�y�a � 7 �! .. � + �i2 iii r E �xqY '�`'�9 ... y.:. �,:.. t_ �,:::. �d�. � :_.__.::.,,,r'._�f_:_- �:L. »L::� �1.: �. �. s. �s., �_ R. LL:.: is�� ...�..,..:....��:.:.1�..��.� ,,. � . �il �.: �.F� ii_ l��w.�.t,..., '�� ��•' \� , �w i a �t� � 1 � 1..�W..rf�,� V � ' Z. 13F � 1 e -23-- Appendix F Agency List 7623324 v. €3 ATTACHMENT B July 25, 2006, Letter from President Snyder to Mayor Brown L Seneca Nation of Indians President - Barry E. Snyder, Sr. Clerk - Geraldine Huff 12837 ROUTE 438 IRVING, NEW YORK 14051 Tel. (716) 532 -4900 FAX (716) 532 -9132 47 a ° o pA t� PRESIDENT'S OFFICE July 25, 2006 VIA ELECTRONIC MAIL AND FACSIMILE Mayor Byron Brown Room 201, City Hall Buffalo, New York 14202 Dear Mayor Brown: Treasurer - Maurice A. John P.O. BOX 231 SALAMANCA, NEW YORK 14779 Tel. (716) 945 -1790 FAX (716) 945 -0150 As you know, we have been working extremely hard in the Iast few months and especially in the last few weeks to come to an agreement with the City that would confirm the City's support for our Buffalo Creek project and allow for the transfer of Fulton, Street in order to allow for the grand vision we have shared with you to become a reality. I thought we had come to a final deal on this earlier this month, but was apparently mistaken. In my view, our discussions had produced a substantial win -win for both sides. For our part, we had made substantial commitments to address the elements that you identified as most important to the City, including: (1) a commitment to snake up to $7 million in infrastructure improvements in the area surrounding our Buffalo Creek territory; (2) a commitment to purchase Fulton Street for additional cash consideration of over $600,000; (3) a commitment to work with you in Albany to ensure the City was the recipient of all host municipality payments (which by conservative estimates could reach as much as $100 million over the term of our current Compact); (4) a commitment to invest at least $125 million in capital costs for the casino facility and ran alone, with more for the other elements of our grand design as we built it out; (5) a reaffirmation of our commitment to minority and women hiring practices; (6) a commitment to expend in excess of S 1.7 million per year to market our facility and the City of Buffalo to visitors from outside the City and the State; and (7) a commitment to create 1,000 plus good paying jabs. Unlike most development deals, we did not demand or receive concessions from the City; rattier, as a sovereign -owned entity, we worked responsibly with you and the City to try to make our project as much a win -win as possible. Although I do not have the details on other proposed investments, I would hazard that this is the most lucrative investment agreement this City has had on the table in a very long time, perhaps ever. As I noted above, I thought we had actually reached a final agreement earlier this month and was anxious to move forward. Indeed, the City Common Council is voting today on certain aspects of the transfer of Fulton Street, which is an essential element to our grand design for the project. Consequently, you can imagine how disappointed I was to learn that I was mistaken and that, after all the concessions and cormuitme is we have ahheady made, you are still insisting that we,pay the City an additional $1 million for marketing to help "rehab" the City's image. Your insistence on this point conies after weeks of our making it clear that, when combined with all the other elements of this agreement with the City, this was simply too much. We could not have been clearer on this point, that this was a "deal breaker" and that by insisting on this additional fund, the City ran the risk of losing the deal altogether. What should have been a productive and positive negotiation dragged on for months, with the City insisting on unrealistic commitments that. unnecessarily delayed our project. We must now move on. For your information, I am attaching a copy of the agreement I thought we had reached earlier this month. I hope my understanding is incorrect and that the deal we presented and as attached is acceptable. However, if I do not hear from you prior to the Common Council meeting today at 2 p.m., I will, with regret, reach the conclusion that we must go our separate ways and announce that we are proceeding with a less grand design for our project. I will regret this because, as I have told you many times, I believe'that our grand design was a "win -win" for the City. It would be an investment that would attract visitors from around the country and the world to a new Buffalo. It would have meant more construction and other jobs for the people of Buffalo, more revenue for the City, and would have served as a magnet for other, similar investments. To see thus vision become a reality, we have been willing to work with you for months to try to address the numerous concerns and issues you put on the table. Until yesterday, I thought we had been successful. I still hold out some small hope that perhaps, before the Common Council meeting today, you will call me to affinn that our shared vision of a grand development at Buffalo Creek is one that could still become a reality. I am realistic enough to realize this is not at all likely at this point, but I will take your call if you decide to make it. Sincerely, THE SENECA NATION OF INDIANS B y E. nyder, Sr, resident cc: Jolun Pasqualoni, CEO & President Joe D'Amato, Chief Operating Officer Barry Brandon, SVP /General Counsel Rajat Shah, SVP /Corporate Development Steve Casey, Deputy Mayor Peter Cutler, Communications Director Alisa Lukasiewicz, Corporation Counsel SEGC DRAFT 7 -16 -06 AGREEMENT THIS AGREEMENT is made and entered into on the day of , 2006 between the City of Buffalo, New York ( " City "), the Seneca Gaming Corporation ( "Corporation "), Seneca Erie Gaming Corporation ( "SEGC ") and, solely for purposes of Sections 4(a), 8, 9(c), 10 and I I hereof, the Seneca Nation of Indians (the "Seneca Nation" or the "Nation "), and shall be effective as set forth in Section 2 hereof. WHEREAS, the Corporation was formed on August 1, 2002 and is wholly owned, and tribally chartered, by the Nation; and WHEREAS, the Nation is a sovereign Indian nation recognized by the federal government of the United States of America and possessing all sovereign rights and powers pertainin thereto; and WHEREAS, the Nation and the United States have entered into various treaties over time recognizing the Nation's sovereign status and rights; and WHEREAS, under the Indian Gaming Regulatory Act of 1988 ( "IGRA "), federaIly recognized Indian tribes are permitted to, conduct class III casino operations on Indian lands, subject to, among other things, the negotiation of a compact with the affected state; and WHEREAS, pursuant to IGRA, the Nation entered into the Nation -State .Gaming Compact with the State of New York (the "Compact ") on August 18, 2002, which was deemed approved by the U.S. Secretary of the Interior, to the extent consistent with IGRA, and became effective on its publication in the Federal Register on December 9, 2002; and WHEREAS, the Compact provides the Nation the exclusive right to build and operate three class III gaming facilities in Western New York, including in Erie County; and WHEREAS, under the Compact, in consideration of this exclusivity and in consideration of the other undertakings and agreements therein set forth, the Nation agreed to contribute to the State of New York a portion of the proceeds from the operation and conduct of each category of gaming device for which exclusivity exists, based on the win of such machines (cash dropped into machines, after payouts but before expenses) (the "State Contribution "); and WHEREAS, the State Contribution to the State of New York for years 1 -4 of the Compact is 18.0% paid on an annual basis; thereafter, the State Contribution is 22.0% for years 5 -7 of the Compact payable on a semi- annual basis and 25.0% for years 8 -14 of the Compact payable on a quarterly basis; and WHEREAS, the Compact also provides that "host municipalities should be compensated to be able to adjust to the economic development expected to result from the gaming facilities authorized" by the Compact and that "the State shall reach financial agreements with the host municipal govemments, and any payment pursuant to such agreements shall be made by the State" (such compensation, the "Local Share "); and 10037530.1 WHEREAS, the New York State Legislature subsequently enacted legislation setting the minimum level of such Local Share to be paid to the host municipality at twenty -five percent (25 %) of the total State Contribution paid in any given year with respect to gaming device revenue derived from the gaming facility to be located in the County of Erie; and WHEREAS, the Nation chartered the Corporation to operate and manage the Nation's gaming operations and for the purpose of developing, constructing, leasing, operating, managing, maintaining, promoting and financing all of the Nation's gaming facilities; and WHEREAS, the Nation's Tribal Council, at the request of the Corporation's Board of Directors, chartered three subsidiary corporations of the Corporation to operate the three sites authorized by the Compact; and WHEREAS, the subsidiary corporations are Seneca Niagara Falls Gaming Corporation, which operates Seneca Niagara Casino & Hotel, Seneca Territory Gaming Corporation, which operates Seneca Allegany Casino and SEGC which was chartered on August 9, 2003 to develop and operate a gaming facility in Erie County; and WHEREAS, the City is a subdivision of the State of New York, possessing all rights and powers pertaining thereto; and WHEREAS, the Buffalo Fiscal Stability Authority ( "BFSA ") was created by the State of New York in 2003 with certain powers over the finances of the City of Buffalo including the power to approve certain contracts entered into by the City of Buffalo; and WHEREAS, the BFSA has determined that all contracts involving the City of Buffalo that have a contract value of $50,000 or more must obtain BFSA approval; and WHEREAS, this Agreement exceeds the threshold of BFSA approval authority and must therefore be referred to the BFSA for action prior to the City of Buffalo executing this Agreement; and WHEREAS, on October 3, 2005, the Nation acquired approximately nine acres of land in the Inner Harbor Area of downtown Buffalo and designated that land as its preferred site in Erie County for constructing a class III gaming facility; and WHEREAS, pursuant to and by operation of federal law, the Nation holds the Seneca Buffalo Creek Territory as restricted fee property and the Seneca Buffalo Creek Territory constitutes "Indian country" within the meaning of 18 U.S.C. Section 1151, and gaming eligible "Indian lands" under IGRA; and WHEREAS, the Compact requires that, in order to preserve the Nation's exclusive right to establish and operate a class III gaming facility in Erie County, New York, the Nation must have commenced construction of a class III gaming facility in Eric County by December 9, 2005; and WHEREAS, the Nation has made the Seneca Buffalo Creek Territory available to the SEGC for its use in developing a class III gaming facility; and 7633824 v.13 -3- WHEREAS, the SEGC commenced construction of a class III gaming facility on the Seneca Buffalo Creek Territory on December S, 2005, and, as indicated by the Nation and the Corporation, construction of the casino on the Seneca Buffalo Creek Territory (the "Seneca Buffalo Creek Casino' or "Casino "), will be completed whether or not the City transfers the Fulton Street Section to the Corporation; and WHEREAS, in order to obtain the benefits and to enter into the obligations of this Agreement, the Nation has agreed to, and has authorized the Corporation and SEGC to agree to, the limited waiver of sovereign immunity set forth in this Agreement; 'and WHEREAS, in order to obtain the benefits and to enter into the obligations of this Agreement, the City has agreed to the alternative dispute resolution process specified in this Agreement; and WHEREAS, in recognition of the rights and responsibilities of the Parties in accordance with applicable federal, Nation and New York State law, and in order to ensure their mutual benefit, the Parties wish to set forth their understandings with respect to certain matters pertaining to their ongoing relationship; NOW, THEREFORE, the Parties hereby enter into this Agreement. Definitions For purposes of this Agreement, including the Appendices, terms defined in the preamble, recitals and other Sections of this Agreement shall have the meanings set forth therein and the following terms shall have the meanings set forth below: (a) " Agreement " means this Agreement and all Appendices attached hereto, as it may be amended from time to time in accordance with its terms. (b) " Appendix " means an appendix to this Agreement, all of which are incorporated into this Agreement by reference and made a part hereof. "Appendices" means more than one Appendix. (c.) " Certified Mail means certified or registered mail, Federal Express, United Parcel Service, Express Mail or any similar mail delivery service generating a return receipt or a signature of the recipient, confirming delivery of that mail. Certified Mail does not include electronic mail. (d) "Cjyt " has the meaning set forth in the preamble to this Agreement. (e) " Compact " has the meaning set forth in the preamble to this Agreement. (f) " Corporation " has the meaning set forth in the preamble to this Agreement but, except in the recitals hereto, shall also include SEGC, it being recognized that all rights and obligations of the Corporation hereunder shall also be rights and obligations of its subsidiary SEGC and that the City shall have the right to enforce this Agreement against the Corporation, SEGC or both of them in the manner specified in this Agreement. 7623521 v,13 -4- (g) " Effective Date has the meaning set forth in Section 2 of this Agreement. (h) "Fulton Street Payment" means a payment from the Corporation to the City, in immediately available funds, in the amount of six hundred thirty one thousand six hundred dollars ($631,600), which is the purchase.price for the Fulton Street Section as determined by the City pursuant to the process set forth in the City of Buffalo Charter and ordinances. " Fulton Street Section means that section of Fulton Street between Michigan Avenue and Marvin Streets but not including any portion of the right of way of Michigan Street or Marvin Street as delineated in Appendix A hereto; for the avoidance of any doubt, the Fulton Street Section includes any right, title or interest in the airspace above or the lands below said Section. 0) " Governmental Authority means any nation, country, commonwealth, territory, government, state, federally recognized Indian nation or tribe, county, parish, municipality, or other political subdivision and any entity, whether federal, state, local or otherwise, exercising executive, legislative, judicial, regulatory, or administrative functions of or pertaining to government. (k) " Infrastructure Improvements means the improvements listed on Appendix C hereto. (1) " Inner Harbor Area means the area described in Anijendix D hereto. (m) " Local Share has the meaning set forth in the recitals to this Agreement. (n) " Material Breach means a material, uncured breach of this Agreement. (o) "Party" means any signatory to this Agreement. (p) " Parties " means two or more signatories to this Agreement. (q) " Person " means an individual, corporation, partnership, trust, limited liability company, limited liability partnership, unincorporated organization, Governmental Authority, any agency or political subdivision of any government, or any other form of entity. (r) "Seneca Buffalo Creek Territo " means the approximately nine acre site owned by the Nation in restricted fee status and bounded by Perry Street, Marvin Street, South Park Avenue and Michigan Avenue, and "Seneca Buffalo Creek Territory" shall include the Fulton Street Section if and when it is converted to restricted fee status pursuant to federal law. (s) " State Contribution has the meaning set forth in the recitals to this Agreement. 2. Effectiveness of Agreement This Agreement shall be effective upon the latest to occur of (i) execution of this Agreement by the Mayor of the City after authorization from the Buffalo Common Council, (ii) execution of this Agreement by a duly authorized officer of the Corporation after adoption of resolutions of the Boards of Directors of the Corporation and SEGC approving the execution, delivery and performance by the Corporation and SEGC of this 7623324 v.13 _s_ Agreement, (iii) approval of this Agreement by the BFSA and (iv) execution of this Agreement by a duly authorized officer of the Nation after adoption of resolutions of the Nation's Tribal Council approving the execution, delivery and performance by the Corporation and the Nationn of this Agreement) (the latest to occur of such dates, the "Effective Date "). The City shall promptly notify the Corporation when the execution and approvals referenced in clauses (i) and (iii) of the preceding sentence have been obtained and the Corporation shall promptly notify the City when the execution and approvals referenced in clauses (ii) and (iv) of the preceding sentence have been obtained. 3. Term of Agreement. (a) Termination Date. This Agreement shall terminate upon expiration or termination of the Compact in accordance with its terms, taking into account any automatic renewal team set forth therein and any renewal term agreed upon by the parties thereto. (b) Effect of Termination No termination or expiration of this Agreement shall affect (i) the obligation of any Party to pay any amount owed to any other immediately prior to such termination or expiration or (ii) any remedies of any Party hereto for breach of this Agreement. Termination or expiration of this Agreement shall not serve as the basis for a Party to seek repayment of any consideration paid or undoing of any obligation fulfilled as of the date of such termination or expiration. 4. Joint Efforts (a) New York State Matters The Nation agrees to work with the City, in accordance with all applicable laws: G) to facilitate dialogue between the City and New York State to have the City designated by New York State as the sole "host municipality" for the gaming facility on the Seneca Buffalo Creek Territory under, and as contemplated by, the Compact and subdivision 3 of section 99 -h of the State finance law, as amended by chapter 520 of the Laws of 2005; (ii) to facilitate a dialogue between the City and New York State with the goal of assisting the City to obtain at least twenty -five percent (25 %) of the portion of the State Contribution derived from net gaming device drop in the gaming facility an the Seneca Buffalo Creek Territory; provided that in no event shall the Nation have any obligation to pay more than the State Contribution it is required to pay under the Compact attributable to net gaming device drop in the gaming facility Iocated on the Seneca Buffalo Creek Territory; and (iii) to.facilitate dialogue between the City and New York Stag concerning the possibility of the enactment of legislation from the New York State and/or an appropriate contract or agreement with the State of New York that would allow the Nation to pay the Local Share attributable to net gaming device drop from the gaming facility located on the Seneca Buffalo Creek Territory directly to the City instead of to the State of New York as currently required by the Compact and, with respect to persons and entities other than the Nation, the Corporation and any other Nation entity, New York State Finance Law. 7623824 v.13 (b) Fire The Corporation and the City agree to work together to seek to maximize the safety of Casino employees and visitors to the Casino. In furtherance of the foregoing, the Corporation and the Fire Commissioner of the City of Buffalo will maintain a cooperative relationship and the Corporation will provide opportunities for City fire protection personnel to familiarize themselves with the floor plans of the Casino and any other improvements on the Seneca Buffalo Creek Territory and permission for such personnel to enter the Seneca Buffalo Creek Territory in the event of a fire emergency. (c) Police Should the Corporation need traffic or crowd control assistance off the Seneca Buffalo Creek Territory for special events, the Corporation shall request in writing such assistance from the City and the City shall provide such assistance. The Corporation agrees to reimburse the City for its out of pocket costs therefor plus the City's administrative review costs in the same amount and in the same manner as applies to other special events in the City of Buffalo. The Corporation shall maintain at the Seneca Buffalo Creek Territory its in -house security service to provide substantial protection to the Seneca Buffalo Creek Casino and its employees and patrons and their property. The Nation shall provide for police protection on the Seneca Buffalo Creek Territory in accordance with the Compact and applicable law. It is recognized and agreed that the Seneca Nation Marshals or other police services of the Nation or private security services engaged by the Nation or Corporation shall not have any police or enforcement powers within the exterior Iimits of the City except on the Seneca Buffalo Creek Territory where they shall have such powers as are afforded by applicable law. (d) Water Recognizing the requirement to provide water service to all eligible customers under existing applicable federal law, the City shall provide local water service to the Corporation at the Seneca Buffalo Creek Territory. The Corporation shall purchase water from the City for the Seneca Buffalo Creek Territory and shall pay water invoices at the same time and at the same rate as is charged from time to time to other similarly situated customers using the same volume of water. The Corporation shall arrange for and pay for connection to water service under the same terms and conditions as applies to other similarly situated customers seeking similar connections to sewer service, including the requirement to use a licensed plumber to make the connections. The City shall arrange for the Seneca Buffalo Creek Territory to be connected to local water in accordance with its customary procedures and such connection shall be accessed and maintained on the same terms as other similarly situated customers. (e) Sewer Recognizing the requirement to provide water service to all eligible customers under existing applicable federal law, the City shall provide local sewer service to the Corporation at the Seneca Buffalo Creek Territory. The Corporation shall purchase sewer service from the City for the Seneca Buffalo Creek Territory and shall pay sewer invoices at the same time and at the same rate as is charged from time to time to other similarly situated customers. The Corporation shall arrange for and pay for connection to sewer service under the same, terms and conditions as applies to other similarly situated customers seeking similar connections to sewer service, including the requirement to use a licensed plumber to make the connections. The City shall arrange for the Seneca Buffalo Creek Territory to be connected to the local sewer in accordance with its customary procedures and such connection shall be accessed and maintained on the same terms as other similarly situated customers. 7623824 v,13 7- (f) Refuse collection It is understood and agreed by the Parties that the Corporation will not be relying upon the City to provide refuse collection services to the Seneca Buffalo Creek Territory but that the Corporation will instead engage the services of a private contractor. 5. Environmental Matters Although not required to do so, the Corporation will voluntarily cooperate in the preparation of such environmental reviews or reports that are required of the City by state or federal laws, including, but not limited to, the City's compliance with the New York State Environmental Quality Review Act ( "SEQRA ") with respect to the approval of this Agreement. 5. Covenants of the City In exchange for the commitments of the Corporation and the Nation, in this Agreement, the City will: (a) Fulton Street Section (i) Promptly take such steps as are necessary under applicable law to abandon and sell to the Corporation the Fulton Street Section, using the appraisal method provided for in the Charter and ordinances of the City of Buffalo and (ii) within thirty (;0) days after the Effective Date, deliver to the Corporation, upon receipt of the Fulton Street Payment, a duly executed quitclaim deed in the form of Appendix B hereto, together with an RP 5217 form, executed by the City, and a TP -584 form, both completed with respect to the City to the extent required. The sale of the Fulton Street Section shall be free and clear of any encumbrances_ The City agrees to allow the Corporation to cap off, and to cooperate in any reasonable manner with such capping off, in each case at the expense of the Corporation and in accordance with applicable law, all public utility lines and facilities currently located within or under the Fulton Street Section. Upon delivery to the Corporation of the quitclaim deed to the Fulton Street Section, the City shall, at the request of the Corporation or the Nation, transmit a letter to the U.S. Secretary of the Interior supporting, the Nation's submission to have the Fulton Street Section taken into restricted fee status in accordance with the Seneca Nation. Land. Claims Settlement Act. (b) Infrastructure Improvements Cooperate in good faith with the Corporation in any reasonable mariner requested by the Corporation to assist in the .expeditious completion of the Infrastructure Improvements and to hold regular meetings with the Corporation for the purposes set: forth in Section 7(d) of this Agreement. (c) Local Share Deposit an amount equal to fifteen percent (15 %) of each of the first eight and a half annual Local Share payments after full opening of the Casino facility described in Appendix E, if any, received by the City, into a segregated account established by the City in the City's general fund designated solely for the purposes discussed below. Decisions as to expenditures from this designated.segregated account would be made by the City, in consultation with and advised by a board of directors that consists of four individuals as follows: one individual designated by the Mayor of the City, one individual designated by the City's Common Council, one individual designated by the Nation's Tribal Council, and one individual designated by the Corporation. The board of directors will recommend expenditures of those funds in the designated segregated account for use in the Inner Harbor Area, excluding Seneca Buffalo Creek Territory. The funds in the designated segregated account shall only be used to 7633834 vA _g- stimulate business and economic development in the Inner Harbor Area in order to create a critical mass of tourism and visitors to such Area. In order to achieve such critical mass, the proceeds in the designated segregated account shall be used to (1) stimulate the development of middle and upper income housing and (2) fund improvements to roadways, signage and pedestrian areas, tourism and recreation initiatives, and any other initiative designed to stimulate tourism and visitors to the Inner Harbor Area. This advisory board shall meet on a regular basis but no less than once every three months.after creation of the designated segregated account. For the avoidance of doubt, any remaining amounts received by the City from the State Contribution shall be for use by the City without any obligation to consult with or obtain the approval of the Fund, the Corporation or the Nation. (d) Marketing Through the Buffalo Convention and Visitors Bureau ( "CVB "), cooperate in good faith with the Corporation to promote tourism in the Inner Harbor Area. Such marketing efforts of the CVB shall include marketing of the Corporation's facilities on the Seneca Buffalo Creek Territory. 7. Covenants of the Corporation In exchange for the commitments of the City in this Agreement, the Corporation shall. (a) Build the Casino Build, on the Seneca Buffalo Creek Territory, a casino and parking ramp substantially in accordance with the design that was publicly unveiled on or about June 1, 2006, with an aggregate investment by the Corporation approximating one hundred twenty -five million dollars ($125,000,000) and which will include 1,900 to 2,200 slot machines and 0 to 50 table games, all as more fully described in Appendix E. (b) Fulton Street Payment. The Corporation will pay the Fulton Street Payment to the City in cash, in immediately available funds, upon receipt of the deed referenced in Section 6(a)_ (c) Construction The Corporation a to dispose of construction debris from the construction of the Casino in accordance with federal, Seneca Nation, state and local laws, if and to the extent applicable. (d) Infrastructure Improvements The Corporation agrees to undertake the Infrastructure Improvements in a timely and expeditious manner. Completion of the Infrastructure Improvements is expected to occur no later than six (6) months following the opening of the Casino described in Appendix A. The Infrastructure Improvements are expected to cost between $5 and $7 million. The City and the Corporation acknowledge the Infrastructure Improvements to be made on the streets and rights of way of the City of Buffalo will be completed in accordance with all applicable laws and ordinances and that the City and Corporation will hold regular meetings to ensure such compliance. (e) MWBE /Workfo Matters (1) The Corporation agrees to provide to the City, within sixty (60) days after the end of the Corporation's fiscal year, an annual written report that includes information regarding (x) the total number of people employed by the Corporation and Subsidiary at the gaming facility on the Seneca Buffalo Creek Territory and (y) the numbers of such employees who are minorities and women. The Corporation shall also make available a 7623324 v.13 -9- human resources manager of the Corporation to attend a Common Council meeting once annually, if requested, to make a presentation regarding such annual report. (ii) The Corporation agrees to work with the agencies listed in A endix F hereto to increase economic opportunity /employment opportunities for minorities and women including, without limitation, giving to such agencies advance written notice of job fairs and conducting job fairs in economically disadvantaged areas of the City, as identified by the City. (f) Marketing Covenants Recognizing that it is in the best interests of the Parties that the Seneca Buffalo Creek Casino draw visitors from outside the Western New York area, and maximize the amount of tourist dollars coming to the City and the Corporation from outside of the Western New York area, the Corporation agrees to: (i) Work with the board of the Buffalo Convention and Visitors Bureau ( "CVB') any other marketing committee or board created by the City to coordinate marketing of the City as a tourist destination in its own right. Such efforts will include marketing of the facilities located on the Seneca Buffalo Creek Territory. (ii) Spend, annually, more than the CVB's budget for fiscal year 2005 on marketing the Corporation's development project on the Seneca Buffalo Creek Territory to people outside of the eight counties of Western New `fork, including on marketing strategies which would market the development project on the Seneca Buffalo Creek Territory as a package with other attractions in the City. Within ninety (90) days of the end of each fiscal year following full opening of the Casino facility described in Appendix E, the Corporation shall provide an officer's certificate representing compliance with this Section 7(f)(ii). (iii) Have a marketing executive from the Corporation snake a presentation on an annual basis to the City of Buffalo Common Council to report on the foregoing marketing efforts. 8. Covenant of the Nation Each of the Corporation and Nation will designate an individual to participate on the board of directors described in Section 6(c) above. 9. Intentions With no legal obligation of each to the other (except to the extent expressly set forth elsewhere in this Agreement) but as a confirmation of their respective good faith intentions: 7633324 v.13 -10- (a) Corporation The Corporation declares its intention to (i) be a good neighbor to the City, (ii) employ approximately 1000 people at the facilities located on the Seneca Buffalo Creek Territory during the term of this Agreement as set forth in Section 3, with first and secondary preference given to qualified members of the Seneca Nation and Native Americans, respectively, in accordance with Nation law, and then consistent with existing human resource policies of the Seneca Gaming Corporation to provide a preference for qualified local residents, which in the case of the Seneca Buffalo Creek Casino would be the residents of the City of Buffalo, but with due regard for diversity within the workforce at all levels and with special _ efforts to recruit in high unemployment areas of the City of Buffalo, as designated by the City, (iii) use local construction companies in construction of the facilities located on the Seneca Buffalo Creek Territory and local vendors and suppliers to purchase the majority of its supplies and services (recognizing that they must first be Iicensed under applicable Nation procedures and that the contracting and procurement processes are subject to Nation law), (iv) explore non - gaming economic development projects in the City on land not taken into restricted fee status, (v) build the Casino and all other improvements on the Seneca Buffalo Creek Territory to building code requirements that are at feast as high as those analogous but otherwise inapplicable New York State building codes, acknowledging that New York State building codes are not otherwise applicable to such construction, (vi) continue to follow policies with the goal of having a workforce to be employed at the ;arcing facility on the Seneca Buffalo Creek Territory that is composed of at least 25% minorities (which term includes, for purposes of this Section 9(a) and Section 7(e) above, members of the Nation and Native Americans) and at least 8% women; and (vii) to use good faith efforts to maintain in effect, during the construction phase and during the operation of the facility on the Seneca Buffalo Creek Territory, policies designed to achieve the goal that at all times 25% and 8% of such facility's suppliers of goods and services (by number and dollar volume) will be minority and female owned businesses, respectively, (recognizing that, in each case, they must first be licensed tinder applicable Nation procedures and that the contracting and procurement processes are subject to Nation law). (b) City The City of Buffalo declares its intention to (i) be a good neighbor to the Corporation and the Seneca Nation, (ii) make such additional infrastructure improvements in the area of the Seneca Buffalo Creek Territory as may be determined at a future date to support the Corporation's development project on the Seneca Buffalo Creek Territory as well as Inner Harbor Area projects and (iii) to the extent permitted by applicable law, cooperate with and assist the Corporation and the Nation in their activities on the Seneca Buffalo Creek Territory. (c) Nation and Corporation The Corporation and Nation confirm that consistent with the Compact, except for the Seneca Buffalo Creek Territory, no land in the City of Buffalo will be acquired utilizing the provisions of the Seneca Nation Land Claims Settlement Act to implement Compact requirements, including requirements of any successor compact, to build and construct their class III gaming operation in the City of Buffalo. 7633324 ,,13 - II_ 10. Party Dispute Resolution (a) Purpose The Parties intend to resolve disputes in a manner that will foster a spirit of cooperation and efficiency in the administration of and compliance by each Party with the provisions of this Agreement. (b) Negotiation In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach hereof, the Parties shall use their best efforts to settle the dispute, claim, question, or disagreement. To this end, either Party may provide written notice of a claim to. the other in accordance with Section I O(a) hereof. Upon receipt of such written notice, the Parties shall then meet within fourteen (14) days, shall negotiate in good faith and shall attempt to reach a just and equitable solution satisfactory to both Parties. (c) Method of dispute resolution If the Parties do not reach such resolution within a period of thirty (30) days after such meeting, or if the Parties fail to meet and thirty (30) days pass after the written notice of a claim is received, then, upon notice by either Party to the other, either Party may submit the dispute, claim, question, or disagreement to binding arbitration. (d) Arbitration notice The notice for arbitration shall specify with particularity the nature of the dispute, the particular provision of the Agreement at issue and the proposed relief sought by the Party demanding arbitration; provided, however, that neither Party may seek monetary damages, other than specific performance, for any alleged dispute, claim, question, or disagreement. (e) Selection of arbitrators Each Party. shall select one arbitrator and the two arbitrators shall select the third. (f) Procedures for arbitration Arbitration under this Section shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association or such other rules as the Parties mutually agree. Three arbitrators shall preside and shall be selected by the parties in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall take place at a location agreed upon by the parties or, in the absence of such agreement, determined in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator(s) shall render a decision within forty -five (45) days after the conclusion of the arbitration. (g) Arbitration costs The cost of the arbitration shall be shared equally by the Parties, but the Parties shall bear their own costs and attorneys' fees associated with their participation in the arbitration. (h) Remedies For Material Breaches, the arbitrators may, impose as a remedy only specific performance or termination of the Agreement. For all other breaches other than Material Breaches, the arbitrators may impose as a remedy only specific performance. In no event shall monetary damages, other than specific performance, be available as a remedy to either Party for any alleged breaches of this Agreement, including Material Breaches. (1) Arbitration decision The decision of the arbitrators shall be final, binding and non - appealable. Failure to comply with the arbitration award within the time specified therein 7623824 v.13 -17- for compliance, or should a time not be specified, then forty -five (45) days from the date on which the arbitration award is rendered, shall be deemed a breach of the Agreement. The prevailing party in an arbitration proceeding may bring an action solely and exclusively in the U.S. District Court for the Western District of New York to (i) compel arbitration under this Agreement or (ii) enforce an arbitration decision. The Nation and the Corporation and SEGC, irrevocably agree to waive their respective sovereign immunity on a strictly limited basis, to consent to the jurisdiction of such federal court and any federal court having appellate jurisdiction over actions of such court and to consent to suit in such courts solely and exclusively for the strictly limited purpose of such an action in' such courts as described in the previous sentence and for no other purpose. The Nation and the Corporation hereby expressly and irrevocably waive any right they may have to seek tribal proceedings or jurisdiction for resolution of a dispute related to this Agreement or the subject matter hereof. 11. Miscellaneous (a) Official notices and communications All notices and communications required or authorized to be served in accordance with this Agreement shall be served by Certified Mail at each of the following addresses: Seneca Gaming Corporation President Seneca Gaming Corporation 3I0 Fourth Street Niagara Falls, New York (Seneca Nation Territory) 14303 With a copy to. General Counsel Seneca Gaming Corporation 310 Fourth Street Niagara Falls, New York (Seneca Nation Territory) 1430; Seneca Nation of Indians President Seneca Nation of Indians William Seneca Building 12837 Route 438 Irving, New York 14081 With a copy to. 7623324 v.13 -13- Seneca Nation of Indians Department of Justice P.O. Box 231 Salamanca, New York 14779 City of Buffalo, New York Mayor City of Buffalo Room 201 City Hall Buffalo, New York 14202 With a copy to: Corporation Counsel City of Buffalo Room 201 City Hall Buffalo, New York 14202 (b) Further Assurances The Parties shall execute and deliver all further instruments and documents and take any further action that may be reasonably necessary to implement the intent and the terms and conditions of this Agreement_ Without limitation of the foregoing, the Parties will each seek, in a timely manner, any further ratification of this Agreement that may be required, (c) Successors and Assigns All covenants and agreements herein contained by or on behalf of the Parties shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns. (d) No Assignment Neither this Agreement nor any rights, responsibilities or obligations hereunder can be transferred or assigned, whether by operation of law or otherwise, without the prior written consent of the non - assigning parties. i (e) No third party beneficiaries All provisions herein are imposed solely and exclusively for the benefit of the Parties hereto. No other Person shall have any right, benefit, priority, or interest hereunder or as a result hereof or have standing to require satisfaction of provisions hereof in accordance with their terms. (f) Governing Law Solely and exclusively for the limited purposes of this Agreement, this Agreement shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts executed in and to be performed in that State, without reference to any conflict of laws provisions thereof except Sections 5 -1401 and 5 -1402 of the New York General Obligations Law. (g) Severability. In the event any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, 7623824 v, 13 -14- such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement. (h) Modifications Amendments or Waivers This Agreement may be amended only by an agreement in writing executed by all the Parties with any approval which may be required by applicable law. (i) References References in this Agreement to Section or AppendLx numbers shall be to Sections of or Appendices to this Agreement, unless expressly stated to the contrary. References in this Agreement to "hereby," "herein," "hereinafter," "hereof," "hereunder" and words of similar import shall be to this Agreement in its entirety and not only to the particular Section or Appendix in which such reference appears. (j) Compact Nothing in this Agreement shall limit the rights of any party to the Compact or be deemed to supersede the terms of the Compact. In the event of a conflict between the terms of this Agreement and the terms of the Compact, the terms of the Compact shall control. (k) No taxes or assessments Nothing in this Agreement shall authorize or provide for any form of tax or assessment of any kind to be levied by the City or any other State instrumentality, political subdivision or entity on the Nation, the Corporation, Nation members, or any Nation corporation, instrumentality or entity. (1) Survival The provisions of Section 9(c) of this Agreement shall survive the termination or expiration of this Agreement. (m) Counterparts For the convenience of the Parties, this Agreement may be executed in multiple counterparts, each of which for all purposes shall be deemed to be an original, and all such counterparts shall together constitute but one and the same Agreement. 7623814 v.13 I -15- IN WITNESS WHEREOF, the Parties have executed this Ageement as of the day and year first set forth above. CITY OF BUFFALO By:_ Name: Title: SENECA GAMING CORPORATION By:_ Name: Title: SENECA ERIE GAMING CORPORATION By:_ Name: Title. For Purposes of Sections 4(a), 8, 9(c), 10 and 11 only, THE SENECA NATION OF fNDIANS By:_ Name. Title: 7623824 YJ3 -16- Appendix A Fulton Street Section 7623821 v.13 -1%- Appendix B Form of Quitclaim Deed [City to draft] 74523824 v.17 _ 18- Appendix C Infrastructure Improvements 1623824 v.13 1.0 1 FULTON STREET (presently 2 8' wide — 3 5' wide) to be abandoned from Michigan to Marvin reconstruct section from Marvin to Chicago as four (12' wide) lanes two (2) eastbound and 2 (two) westbound - 300 LF water main replacement (10" x 300 LF) 2.0 I STREET (presently 42' wide, 685' long) to be remain at current curb -curb width Mill and overlay and re�- stripe (3 lanes) for turn mo vement s at intersections between Perry St. and South Park Ave. 3.0 MARVIN STREET (presently 35' wide, 685' long) to be reconstructed as two (12' wide) lanes, one(I) northbound, one(1) southbound, between Perry St. and South Park Ave. water main replacement (10" x 700 LF) sanitary sewer replacement (8" x 700 LF) 4.0 INSTALL TWO PHASE TRAFFIC SIGNALS Chicago St. at the intersection of and South Park Ave. and synchronize with traffic signals at Michigan Ave. & South Park Ave. and Louisiana St. & South Park Ave. 5.0 ADJUST SIGNAL TIMING at intersection of Michigan Ave. and Swan St. including northbound left turn arrow phase and re-stripe eastbound approach of Swan St. 6.0 RE- DESIGNATE SOUTHBOUND LANE CONFIGURATION OF Michigan Ave. at intersection of Michigan Ave -at Perry St 7.0 Adjust signal timing at intersection of Louisiana and Perry, and at Louisiana and South Park Avenue 8.0 Storaiwater Outfall to Clarke Skinner tunnel 36" storm sewer (South Park to Michigan Ave.) Reconstruct 500 LF South Park Ave. (1 travel lane) 36" storm sewer (Michigan Ave. to Fulton) Reconstruct 375 LF Michigan Ave.(1 travel lane) 1623824 v.13 -19- 7623324 v, 13 9.0 Cut/ Cap and Abandon/Remove existing utilities within Fulton ROW 10.0 RELOCATE VERIZON DUCT BANK - 1750 LF of 4 conduit duct bank including Restoration 11.0 Install new Traffic Signals at Scott/Louisiana and Perry /Louisiana Intersections 12.0 CHICAGO STREET (presently 42' wide, 2,250' long) to be mill /overlaid as three (12' wide) lanes, from Scott St. to Perry St. and from South Park Ave. to Ohio St. 13.0 SCOTT STREET* (presently varies 28' wide -- 42' wide, 930' long) to be reconstructed as three (12' wide) lanes, one(l) eastbound and one(]) westbound with center turn lane, between Louisiana St. and Chicago St. 14.0 TRAFFIC SIGNAL IMPROVEMENTS Install 2 phase traffic signal at Chicago and Perry 7623324 v, 13 ?p Appendix D Definition of Inner Harbor Area The Inner Harbor Area shall include only.that area Iocated within the portion of the City bounded by Columbia Street on the west, Scott Street on the north, Ohio/Miami Street on the south, and Louisiana Street on the east, as graphically depicted in the map below. 75 2 3824 v.13 -21 - Appendix E Casino Description The casino shall include a specialty restaurant, a 24 -hour casual dining restaurant, a multi- purpose room, retail stores and a 2,500 -space parking garage and the casino and parking garage shall have an exterior physical appearance similar to the pictures set forth in Appendices E -1 and E -2.. 7633324 �U -22- Appendix F Agency List (City to provide] 7623824 v,13 ATTACHMENT C May 30 2006, Letter from SEGC to Mayor Brown SENECA ERIE GAMING CORPORATION May 30, 2005 VIA FACSTMYLi= AN ©HAND dELIVERY Mayor Byron Brown City of Buffalo Room 201 City Hail Buffalo, NY 14202 Dear Mayor Brown: We have had an opportunity to discuss the .term sheet you transmitted to President Barry Snyder, Sr., President of the Seneca Nation and Chairman of the Board of the Seneca Erie Gaming Corporation, last week with hire, Robert Porter, the Seneca Nation's Senior Policy Advisor and Counsel, as well as members of the Seneca Erie Gaming Corporation's senior management. They wanted me to convey to you our collective responses to your suggested items. At the outset, I want to reiterate our excitement at the prospect our initlal $1.25 million economic development project presents for the Seneca Nation, the City of Buffalo and the Seneca Erie Gaming Corporation. As we have discussed, it has always been our intention to create a world -class gaming and entertainment destination to serve as one component to the overall revitalization of this economically disadvantaged area in Buffalo. We have recently received the proposed plans for the Seneca Buffalo Creels facility developed through our national architectural competition. Although the initial investment required by the Seneca Erie Gaming Corporation to develop the facility envisioned will be high, I hope you ' continue to agree that it is truly impressive and should serve as a piece of the economic development plan to revitalize the Inner Harbor area. The large Seneca public park, the cutting edge design and scale of the project will be a landmark project for the City of Buffalo, similar to the 604 room full service luxury hotel we just completed in Niagara Falls. As you may know, our luxury hotel in Niagara Falls was recently selected as one of the 40 best projects of the year in the State of New York by NY Construction Magazine and will be featured in their June issue. Upon completion, we fully expect to receive design awards for the Seneca Buffalo, Creek Casino, as well. President Snyder looks forward to sharing this vision With the residents and leaders of the City of Buffalo, and with you on Thursday, June 1s' at noon at Seneca Buffalo Creek Territory. As we have discussed, our vision is for a destination facility that will be an engine for economic growth and employment locally, creating hundreds of union construction jobs, almost 1,000 hew jobs for the Buffalo area in the first year of operation and approximately $12 million of vendor and service contracts for local businesses, while at the same time serving as a magnet for additional investment and growth for the historic Waterfront District. Obviously, to make this vision a reality, we must make some critical steps forward In the coming days and our response outlined below is an effort to put on paper several of the items we have already discussed in our numerous meetings. We look forward to having an opportunity to discuss any or all of these with you once you have had an opportunity to review them. For ease of your review, with respect to each item, I will First set forth the item from your term sheet and then provide you with our collective response to it. Please note that the following responses are for discussion purposes only. Any final agreement will have to be approved and ratified by the Board of Directors of the Seneca Erie Gaming Corporation and the Council of the Seneca Nation. La Economic Benefits to Buffalo and Western New York Economy; Economic Impact -The Seneca Nation oflndians and Seneca Gaming Corporation ( "SNI/SGC ") must make a committed effort to maximize the positive impact the Casino will have on the local economy. In particular, the Casino must make a meaningful effort to attract out of area tourists to the Seneca Buffalo Creek Casino, SEGC Response As we have discussed on numerous occasions, our business plan for this gaming and entertainment destination requires us to attract visitors to our Seneca Buffalo Creek facility from outside the focal Buffalo area for us to succeed with this very significant investment of money and effort. That is a simple business reality, and I think you understand it. Obviously, the facility will also draw local visitors as well, which was envisioned from the very outset of our compact negotiations with the State. As you stated during the debate in the New York Senate when the Compact was approved, . it's something that I feel that I must do [vote yes] because I know that many in the community that I represent are pinning their hopes on this casino agreement. They're hoping that the thousands of visitors 2 to Niagara Falls on the Canadian side -- that bypass Niagara Falls on the American side right now -- might be redirected, might stay on the American side. Also, the statistics will tell you, if you [look] at these statistics, that right now, on any given day, 50 percent or more of the cars that are at Casino Niagara are cars from the United States of America. So right now our dollars are going across the border'. Let's not make any mistake about that. When we make the point that we have nothing to lose by letting this opportunity go by, that no revenue will be gained if we let this opportunity go by, we are absolutely wrong. Right now millions and millions of dollars are being earned every year, $650 million annually in Canadian dollars are being earned every year in Casino Niagara. And many of those dollars are U.S. dollars. And many of those U.S. dollars are coming from - citizens of New York State. Clearly, one of the critical benefits that will result from our facility is that it will reduce the practice of having U.S. dollars, local dollars and tourist dollars, support economic development in Fort Erie or Niagara Falls, Canada and put them to work in Buffalo instead. That being said, as noted at the outset, it is a matter of business reality for us that we must also attract significant numbers of visitors from outside the local area. To date the various Seneca gaming corporations have made in excess of $600 million in capital investments in their gaming operations in Western New York. We expect to spend approximately $13 billion in total upon the successful completion of our capital expansion. In order for our business plan to succeed, we have to attract patrons from outside the region because unfortunately there is not sufficient wealth in the region to support our $600 million capital investment let alone the $1.5 billion capital investment we plan to make in the aggregate. Our marketing strategy currently reflects that and will continue to do so when'the Seneca Buffalo Creek Casino opens. As.part of our marketing strategy we will, of course, utilize the synergy among our three facilities, sharing visitors amongst them to the maximum extent possible using our Seneca Link Players Card and integrated marketing efforts to market all three facilities. The best measure of our commitment to this is our past experience in both Niagara Falls and Salamanca. Our.casino operations have attracted significant visitors to Niagara Falls .and Salamanca every year. Seneca Niagara Casino & Hotel prior to the opening of our 604 room luxury hotel attracted more than 6 million people every year, with more than thirty percent (30 %) of our patrons coming from outside New York State. Seneca 3 Allegany Casino brought in more than 3.3 million visitors last year, its first full calendar year of operation. More than sixty-three percent (63 %) of these patrons came from outside of New York State. With the opening of our luxury hotel in Niagara Falls on March 31, 2006, and our planned resort hotel opening at Seneca Allegany Casino in December 2006, we are confident that our reach of higher end patrons from around the country and in Canada will significantly increase.. Seneca Buffalo Creek Casino will be marketed jointly with our two successful existing operations to maximize the benefit for our business, our patrons and for the City. of Buffalo. Buffalo also stands to gain a new source of revenue from local gaming dollars which currently go to Canada and outside Buffalo. Each year, residents of Buffalo and its suburbs spend an estimated $50 million to $70 million at the Slots at Fort Erie Race Track. Seneca Buffalo Creek Casino will be well - positioned to reduce this flow of local dollars out of the area, so that this revenue can support local jobs and local development, rather than go across the border or outside of Buffalo. Finally, unlike so many other projects that have been proposed for Buffalo in the past, Seneca Buffalo Creek is a reality that is ready to ,happen. We have purchased our land, we have raised the necessary capital and we have even begun construction. At this point, there is no question as to whether we will open our Seneca Buffalo Creek facility. Rather, the only question we face is whether the initial phase will be the world -class destination Facility we have designed. We need your help to determine what kind of facility we will create in the near term. Immediate abandonment of Fulton Street will clear the way for the spectacular facility we have designed. 1.b Economic Benefits to Buffalo and Western New York Economy; Reinvestment in WNY -The SNI/SGC must reinvest proceeds from gaming in the City of Buffalo ( "COB "} and WNY in business enterprises that will benefit the entire community and that will make meaningful tax or payment in lieu of tax payments to the local community. SEGC Response As I am sure you are aware, under the Indian Gaming Regulatory Act and the rules and regulations of the National Indian Gaming Commission, Seneca Erie Gaming Corporation cannot make any particular commitments to re- invest gaming profits in the City of Buffalo. To do so would violate our fiduciary obligations to our owners, create covenant compliance issues with our publicly traded debt and violate general notions of corporate prudence. However, I can relate to you our actual experience in both Niagara Falls and Salamanca, which should readily address any desire in your part to ensure that proceeds from gaming are recycled in the greater Buffalo economy. First, a casino enterprise is, by its nature, one that requires extensive capital investment, both initially and for ongoing operations. To date, the _ various Seneca gaming corporations have made in excess of $600 million in capital investments in their gaming operations in Westem New York. Using the common economic measure of $3 in economic benefit to a local community for every dollar of capital investment as the measure of the economic benefit resulting to a community from such investment, the total economic impact of our capital investments has been to date over $2 billion in the last three years. Those capital investments have been made to local construction companies and construction workers, who, as you know, remain very supportive of this new project in Buffalo Creek. The construction trades are supportive because they are aware of what our in capital investment of $12S _million will lead to, more construction jobs and ongoing capital investment. In addition, you would be interested to know that for every dollar earned in one of our facilities, 21 cents goes to our local employees, all of whom pay local taxes. To give this figure some context, we have created nearly 4,000 new jobs at our facilities. Last year alone, our employees earned more than $85.6 million in annual payroll, not counting the health and fringe benefits our employees enjoy, which allow them to provide and care for their families. The Seneca Nation and Seneca gaming corporations have also been ardent supporters of local businesses. Local vendors, suppliers and contractors capture over 18 cents of each dollar of net revenue from our facilities. We use local vendors, suppliers and contractors for various things such as, purchases of food, beverages, and retail, hotel and office products and for constant reinvestment and maintenance of our facilities. Last year alone, this translated into more than $60 million for local vendors and suppliers. Currently, an additional 15 cents of our net revenues goes to our State and local revenue share payment, of which 3.75 cents comes back to local governments In the form of local share payments.; To date,'these revenue share payments have produced nearly $100 million in. new revenue to New York State, of which nearly $25 million has been returned directly to our host communities. As you are aware, our revenue share to the State goes into the general fund, which is used for a variety of services and benefits to the 'This revenue sharing, it should be noted is based on revenues, not profits and, therefore, higher than the applicable corporate taxes that the Corporation would be paying if it were not owned and operated by the !Nation. (See Exhibit A, Seneca Gaming Corporation, Analysis of Exclusivity v. Pro Forma Taxes for Fiscal Year Ended September 30, 2005), residents of the State of New York, such as the purchase of school books and lunches, police cars and the paychecks of public service employees. As our facilities grow and mature, and the revenue share increases pursuant to our Compact obligation, these local revenues will increase significantly. . As noted above, given the substantial ongoing capital investments required to implement our significant gaming and entertainment business plan for Western New York, we have spent approximately $600 million in capital investments in our existing facilities to date. Although a majority of the capital investment has been paid from borrowings, a substantial amount has come from our net revenues. This translates into real construction jobs for thousands of construction workers in Western New York in all the building and crafts trades. As you know, the building trades unions have been strong supporters of our projects as they have seen themselves the very tangible economic benefits that result from our capital projects. We are proud that.all of our projects have been built using union labor, as will our Seneca Buffalo Creek project. Finally, the remainder of our net revenues goes to pay for other costs, including, marketing, insurance, regulatory, utilities, lease payments, the .payment of debt service on the half billion dollars we have borrowed to fund the substantial economic development we have created over the last 3 years, charitable contributions and certain ci stributlons to the Nation. Our annual charitable contribution budget is $500,000, which we have spent to benefit local research for juvenile and adult diabetes, premature birth and birth defects, area hospitals, schools and youth organizations. The Nation has used the distributions it has received to create economic development as well. For example, the Nation has recently completed the construction of a new health clinic and school expansions. The Nation has also used the funds to provide mortgage assistance to its members to build decent livable housing, college scholarships and to fund an annual charitable contribution budget for local organizations and causes of approximately $350,000_ As I have previously discussed with Deputy Mayor Steve Casey and Commissioner Rich Tobe, the Seneca Nation has been looking at several non - gaming economic development projects in Western New York over the last 9 months. The recent purchase of 257 acres in the Town of Lewiston is the first significant economic development investment the Seneca Nation has made off - territory. The construction and development of a tournament- cailber golf course designed by Robert Trent Jones II should create a competitive destination in the Town of Lewiston that brings golfers from Canada and throughout the United States to the area and provides significant additional taxable revenue to the Town, County and State. It will also provide --us with marketing synergies for attracting additional tourists to all our facilities, including Seneca Buffalo Creek. , 0 The figures and discussion outlined above are important as they constitute a real measure of the local economic boost our facility at Seneca Buffalo Creek will bring, when we are fully able to implement the vision we have developed for a first -class gaming facility. We are prepared to invest over $125 million in the first phase of this project, but we will need your support, and that of the Mayor and Common Council, if we are to succeed in making our current vision a reality, 1.c(i) Economic Benefits to Buffalo and Western New York Economy; Other factors of interest to the COB -- size of local payroll and extent to which local residents are hired for jobs including management jobs. SEGO Response If we proceed to build the world -class destination facility we have envisioned, we currently anticipate that we will employ approximately 1,000 employees at this facility in its first year of operation, currently expected to be 2008. We anticipate the payroll for Seneca Buffalo Creek Casino to be in the range of approximately $38 million. As with Seneca Niagara Casino & Hotel and Seneca Allegany Casino, we expect local residents to make up the bulk of our workforce. For example, more than sixty percent (b0 %) of Seneca Niagara Casino & Hotel employees live in Niagara County, with approximately one -third of all employees living in the City of Niagara Falls, Likewise, Cattaraugus County residents comprise approximately sixty percent (60 of the Seneca Allegany Casino workforce. All of our casino operations institute a Seneca preference in hiring, and this will continue with Seneca Buffalo Creek Casino. However, we will actively recruit for employees throughout the local area through job fairs, public job postings, - gaming - related training programs, etc. This has been our standard practice in both Niagara falls and Salamanca, where we have conducted and participated in several'job fairs to recruit and hire the best possible candidates from the local area. In Buffalo, we have already begun an effort to identify local job banks in high unemployment areas with which we intend to make a special effort to boost local employment and Delp address Buffalo's high unemployment rate. We would, of course, welcome any suggestions you might have In this regard as to organizations on which to focus our attention and efforts. 7 1 -e(H) Economic Benefits to Buffalo and Western New York Economy; Other factors of interest to the COB - extent of M/WBE enterprises engaged in the construction and operation of the Casino and the extent of minority and women in the construction and operations workforces. SEGO Response As you know, we operate our facilities in Seneca Nation territories only. Seneca Nation law requires that we publicly bid all of our construction Projects and vendor service contracts, with preference given to those organizations that are Seneca /Native- owned. In addition, Seneca Nation law requires that our construction contractors and sub - contractors employ a workforce with a preference for workers who are of Seneca /Native descent. Our practices are, of course, in accordance with all applicable laws relating to discrimination and we believe we are a leader in minority hiring and preferences. In both Niagara f=alls and Salamanca, close to 100% of the union construction workforce were residents of Western New York. In 2005, Seneca Niagara Casino provided $7 million and $37 million, of vendor and service related contracts to businesses located in Niagara and Erie Counties, respectively. In 2005, Seneca Allegany Casino provided $3.8 million and $6.5 million of vendor and service related contracts to businesses located in Cattaraugus County and Erie Counties, respectively. Based on our history and our strong preference to work with local vendors and suppliers, I am confident our core value of maximizing the use of local vendors and suppliers will continue with the opening of the Seneca Buffalo Creek Casino. 1.c(iii) Economic Benefits to Buffalo and Western New York Economy; Other factors of interest to the COB - amount Of capital investment in the casino and its equipment. SEGC Response If the. City abandons Fulton Street immediately, our plans for Seneca Buffalo Creek Casino represent an initial capital investment by SEGC of $125 million. Additional capital investment will be made if appropriate and feasible. If the City does not abandon Fulton Street, our initial capital investment will be concomitantly smaller. I.c(iv) Economic Benefits to Buffalo and Western New York Economy; Other factors of interest to the COB - extent to which .the Casino engages local providers of goods and services during construction and thereafter. SEiSC Response As noted above, the Seneca Nation and gaming corporations are strong supporters of local businesses. Our casino operations spent more than $60 million with local vendors and suppliers last year alone, and we look to establish local partnerships wherever and whenever possible. All purchasing /construction contracts are publicly bid, and in connection with the - Seneca Buffalo Creek facility we will work with local economic development personnel to ensure that all bid /RFP information is available to local companies who have an interest in conducting business with us. You should be aware that federal and Seneca Nation regulation requires that all potential vendors to the casinos must go through a mandatory licensing process before any contracts can be awarded. This process is followed at all of our gaming operations and will hold true for Seneca Buffalo Creek Casino as well. This is not by any means an impediment to any local vendors and suppliers as our experience in Niagara Falls and Salamanca demonstrate. However, it is a mandatory step in the bidding process for such contracts of which you should be aware. Z(i) Operational Issues and Relationship to the City of Buffalo; Designation of Host Community - Buffalo must be the host community as that term is derrned in the Compact and state law. SEGC Response We certainly understand and share your concerns about this issue, particularly In light of some of the issues that have been raised between the City and County of Niagara f=alls. our experience in Salamanca, on the other hand, is much more positive in this regard and you may want to discuss with officials there how best to replicate it. I We certainly want to be as helpful to the City as we can be in resolving this issue, while at the same time bearing in mind the limitations we face in its resolution. As I am sure you know, neither the Seneca Nation nor any of the Seneca gaming corporations have any direc=t say in the designation of a host community for purposes of the local share of revenue from our operations. We had raised the possibility of having such a direct say during the• compact negotiations and were told resolutely by both the Governor and the New York.State Legislature that this was a matter of State: concern. Consequently, the host community, as defined in the Nation -State Gaming Compact, is determined by New York State Law and your State Legislature. 0 . Neither the Nation nor any of its corporations, of course, has any control over decisions made by representatives. However, should the City support the Nation's endeavors to bring a world -class gaming operation to the City, the City can clearly make the ease that it is the only municipality making any significant financial investment toward the operation of Seneca Buffalo Creek Casino, and thus should be considered the host community. Ir this scenario, the Chairman of our Board, President Barry Snyder, has indicated that he will use his best efforts to reach out to Governor Pataki and the New York State Legislature with you to discuss Buffalo's designation as the host community. Together, I think President Snyder and you can successfully make this case to Albany, particularly in light of the opposition being mounted to the project by the only other government entity that might be considered for such status. 2 00 Operational Issues and Relationship to the City of Buffalo; Local Share - Buffalo must receive at a minimum 100% of the specified local share of gaming revenues that is collected by NYS. It is expected that the COB will seek a greater proportion of the revenues paid to the State of New York SEGC Response Again, as noted above, local revenue share is ultimately not a matter over which either the Nation or its gaming corporations have any direct say. Rather, it is a matter solely decided by the New York State legislature. if the City supports this project in the manner requested at the end of our letter, the Chairman has indicated that he would work with you to discuss with the Governor and the New York State Legislature to provide the City with the entire local revenue share. With respect to any effort by the City to seek a greater proportion of the revenues paid by the Seneca Erie Gaming Corporation to the State of New York, we certainly support the concept of returning as much of this revenue to Western New York as possible and will support any effort you might make in this regard to ensure that the City of Buffalo receives its appropriate portion .of the local share of gaming revenues paid annually to the State. With respect to this issue you should note that under the Indian Gaming Regulatory Act, local revenue sharing is intended to compensate the host community for lost tax revenues and for additional expenses incurred, if any, as a result of a. tribe's gaming operations. As you know, the nine -acre parcel of land that has been designated as gaming site in Erie County previously generated approximately $31,048 in annual tax revenue to the City of Buffalo. Our current plans do not envision any substantial additional costs to the City (or the County) as a result of our planned facility, other '10 than the infrastructure costs discussed below. Thus, the actual costs to the City of Buffalo are not expected to be substantial. The local revenue share the City of Buffalo should reasonably expect to receive from our Seneca Buffalo Creek facility, on the other hand, would be substantial. We currently anticipate that the local revenue share could range from $5 to 7 million initially and potentially exceed $10 million a year. This represents a substantial additional source of revenue for the City that will be available for City needs well above and beyond the actual loss in tax revenue or expense that City, might incur but only if we are able to implement the current vision of our project as a world -class facility, which requires the City, to immediately begin the process for abandoning Fulton Street. The local revenue share by a smaller facility, will, of course be concomitantly, and significantly smaller. 2(iii)(1) Operational issues and Relationship to the City of Buffalo; Host Community Benefit Agreement - . Police Services - by the Buffalo Police Department, including the terms for entry by the Buffalo Police onto the Casino site. SEGC Response As an initial matter of background, you should be aware that nothing in the Nation -State Gaming Compact affected the jurisdiction of the Nation or the State over the Nation's lands as provided by applicable law. Thus, the laws on jurisdiction over our new territories in Niagara Falls and Buffalo are the same as those for all our other territories. That being said, as a company that directly serves the public, the safety and protection of our customers is of our utmost concern. we have established different means of providing security and police protection in our facilities. As to general security, for all our facilities, as you know, we have a significant in -house security service and the Seneca Marshalis that provide substantial protection to the facility and its customers. In addition, in Niagara Falls, currently, New York State Police are on -site at our gaming operation's 24 hours per day and act as the lead agency in handling any criminal matter. Thus, we have no direct agreement in Niagara Falls with city or county police for regular police protection. Our security and tribal gaming - personnel have established good working relationships with local police authorities in Niagara Falls and meet regularly with them to discuss issues of interest. You.,may want to contact the Chief of Police in Niagara Falls to discuss his positive experience in this regard. In Salamanca, our security and police arrangement is somewhat different. of course, we have a significant in -house security service and the 11 Seneca Marshalls there as well, but our police protection is provided by Cattaraugus County pursuant to a separate agreement that we negotiated with them, similar to the one you suggest. In addition, the in -house security service and the Cattaraugus County police cooperate with the State Police, at their discretion, for assistance in the rare event it is appropriate or necessary. In addition to these general policing functions at each facility, from time to time we do need additional policing assistance for special events and other situations. We have cooperative agreements in place with each local police department to handle such contingencies and they have worked extremely well, Again, I urge you to contact Cattaraugus County or Niagara Falls Police Departments for their first -hand experience on these arrangements. _- With respect to the Seneca Buffalo Creek facility, we do not currently anticipate any direct police role for the Buffalo Police Department. As to police needs for special events at the Seneca Buffalo Creek facility, as the need arises for such services at Seneca Buffalo Creek Casino, we will seek out an agreement with the Buffalo Police Department outlining any agreed upon services, fees for service and terms for entry. 2(iii)(2) Operational Issues and Relationship to the City of Buffalo; Most Community Benefit Agreement; Tribal Police: - defines the role, rights and limitations on tribal marshals off the casino site. SEGC Response As stated above, the Nation -State Compact does not affect the existing jurisdiction of the Nation and their Marshals. Seneca Marshals exercise jurisdiction only on Nation lands and, in Buffalo, would be limited to the Seneca Buffalo.Creek Casino site. In general, as noted above, police services at our existing sites have been provided by services other than the Seneca Marshall Service and that would be our expectation at the Seneca Buffalo Creek facility as well. 2(iii)(3) Operational Issues and Re' lationship to the City of Buffalo; Host Community Benefit Agreement; Fire services - by the Buffalo Fire Department including the terms of entry by the Buffalo Fire Department onto the Casino site. SEGC Response Our experience with both the Niagara Palls and Salamanca Fire Departments has been excellent, In Niagara Falls, for example, fire Department personnel were provided access to our facilities throughout the 12 construction process so they could familiarize themselves with the structure, construction features and state of the art fire protection systems. During that process we coordinated all access and entry issues and have had an excellent working relationship since, Again, I would urge you to contact the Niagara Falls Fire Chief to discuss with how his first hand experience in this regard. We would hope to build the same relationship with the Buffalo Fire Department. 2(iii)(4) Operational Issues and Relationship to the City of Buffalo; Host'-Community Benefit Agreement; Water service - by the Buffalo Water Board, SEGC Response As the Seneca Niagara Falls Gaming Corporation and the Seneca Territory Gaming Corporation have done, the Seneca Erie Gaming Corporation would arrange for water service directly with the Buffalo Water Board and pay for its water service in the same manner as any other customer. As an example, Seneca Niagara Falls Gaming Corporation paid the Niagara Falls Water Board in excess of $365,000 for water and sewer service in 2005. We have experienced no problems whatsoever in our relationships with our local water providers and expect none in Buffalo either. We do not see any need for a specific agreement with the City to deal with this mundane provision of a municipal service. If we do not pay our bills, we would expect our water service to be cut off like any other customer. 2(iii)(5) Operational Issues and Relationship to the City of Buffalo; Host Community Benefit Agreement; Sewer services - by the Buffalo Sewer Authority. SEGC Response As the Seneca Niagara Falls Gaming Corporation and the Seneca Territory Gaming Corporation have done, the Seneca Erie Gaming Corporation would, , arrange for sewer service and pay for its sewer service in the same manner as any other customer. We have experienced no problems whatsoever in our relationships with our local sewer service providers and expect none in Buffalo either. We do not see any need for a specific agreement with the City to deal with this mundane provision of a municipal service. If we do not pay our bills, we would expect our sewer service to be cut off like any other customer. 13 2(iii)(6) Operational Issues and Relationship to the City of Buffalo; Host Community Benefit Agreement; Refuse User Fee - the payment of the Refuse User Fee, SEGC Response The Seneca Erie Gaming Corporation would, as the Seneca Niagara Fails Gaming Corporation and the Seneca Territory Gaming Corporation currently do; pay for those municipal utilities and services utilized by them in the same manner as any other municipal customer. However, you should be aware that all refuse collection at our current gaming facilities are handled by a private trash collector. Consequently, we do not currently see a need for a specific agreement with the City out this issue either. 2(iii)(7) Operational Issues and Relationship to the City of Buffalo; Host Community Benefit Agreement; Adherence to Codes - Agreements regarding adherence to and enforcement of local, state and federal health and safety codes including building codes, noise ordinances, environmental and public health laws, fire codes, and criminal laws. S1EGC Response Code adherence and enforcement on Nation lands is the responsibility of the Seneca Nation of Indians. Currently, the Seneca Gaming Corporation utilizes building code enforcement officers who use the New York State Building Code as the basis for their inspections. All of our facilities meet or exceed New York State Building Code requirements. As stated above, we have developed a cooperative agreement with the Niagara Falls Fire. Department, where they have had access to the building throughout construction and have attested to the fact that our building meets or exceeds all otherwise applicable codes for fire Safety. In addition, our insurance carriers require that we meet or exceed local and state building and safety codes. Further, all of our contract documents with New York Licensed architects, engineers, etc., ,demand adherence to appropriate codes. As for health and sanitation codes, the Seneca Nation of Indians has Its own Nation Health Department who perform regular inspections of our gaming operations. They enforce and inspect for adherence to both FDA and state sanitation code requirements. Finally, as stated above, the Nation -State Compact does not alter jurisdiction over criminal matters on Nation land. 14 Consequently, given that the Nation has been pro - active in its code development, adherence and enforcement with respect to all its facilities, and given that this is a matter of sovereign control of its territory, as well as good business sense, we do not see a need for any agreement with the City of Buffalo with respect to any of these issues. 2(ili)(8) Operational Issues and Relationship to the City of Buffalo; Host Community Benefit Agreement; Payment for services - SN11SGC will pay for services received from the COB and its related entities on a fair and equitable basis, generally to the same extent and under the same methods as businesses located'in the COB. These services include, but are not limited to special traffic control services by the Buffalo Police, water, sewer and refuse services. SEGO Response We have generally dealt with this issue above, but to reiterate, the Seneca Erie Gaming Corporation would, as the Seneca Niagara Falls Gaming Corporation and the Seneca Territory Gaming Corporation do, pay for those municipal services utilized by them in the same manner as any customer. Our failure to pay for such services would result in a denial of the service in question, which would adversely affect our business, and therefore, should be more than ample remedy for the City to be assured of payment. Consequently, we do not see a need for a separate agreement with the City addressing this issue. 2(iii)(9) Operational Issues and Relationship to the City of Buffalo; Host Community Benefit Agreement; No Cost to Buffalo - The City of Buffalo will not be required to pay any costs associated with infrastructure improvements directly associated with the Casino. SEGC Response In both Niagara Falls and in Salamanca, the gaming corporations pay for costs associated with on -site infrastructure improvements required by our gaming operations. This Will, of course, be the case in Buffalo as well, with such infrastructure improvements totaling well in excess of $5 million. With respect to off -site improvements, as you know, we believe that the Nation should not be treated any differently than other potential developers in the City of Buffalo which have received substantial incentives to consider investing in the City in order to foster growth dnd employment. Bass Pro, GEICO, the Buffalo Sabres, Dunn Tire Park, the Goldome Bank Project and the Hyatt Regency, for example, received a number of tax advantages, as well as Infrastructure development support, to assist them with their 15 decisions to invest in Buffalo, Inasmuch as the Nation cannot benefit from tax advantages, and its revenue share exceeds the level of corporate tax that could- otherwise be generated from any other kind of investment, we believe that the issue of off -site infrastructure costs should be a matter open for discussion and negotiation. We understand the City's current fiscal dilemma of not having the money today to be able to invest in these improvements, which will, as you know, benefit not just the Casino but all other development in the area, including Bass Pro. Consequently, we are willing to assist in an effort to seek funds from New York State for these costs. If we are not successful, we are also open to exploring some means of advancing the City such funds with the expectation of repayment out of its future local revenue share. We would even go so far as to agree that in the almost impossible scenario that the City receives no revenue share whatsoever, we could forego repayment altogether in this scenario. Finally, although this is not our preferred option, if we are unsuccessful in developing a resolution to this concern through either of the options outlined above, we would also be willing to pay for our pro -rata share of the improvements, with other area developers who will benefit from the improvements paying their pro-rata share as well. In sum, we believe that it is unfair to the Nation to expect it to bear the entire burden of off -site infrastructure improvements when the City is ready, willing and able to provide other forms of incentives to similarly - situated developers. At a minimum, we should not be expected to pay for development costs that will benefit developers other than the Nation, especially since our $125 million investment in this neglected area of town is already spurring increased real estate purchase prices and development speculation in an area that has seen little to no development in years. 16 2(iii)(10) Operational Issues and Relationship to the City of Buffalo; Host Community Benefit Agreement; Payment for Infrastructure -- Should public infrastructure improvements be required, the funds shall be sought from New York State or other non -COB sources. Should funds from New York State or a similar non -COB source not be available, then the SNI/SGC shall make a contribution to the City to cover all such required public infrastructure expenses or shall build such - infrastructure at its own cost in accordance With the COB's construction standards, SEGC Response The infrastructure improvements requested by the Seneca Erie Gaming Corporation are improvements to the city -owned system on city -owned lands. Further, we have committed to pay for more than $1 million of the associated costs if the City will fund the remaining portion (approximately $2.2 million - $2.7 million). The benefits of the requested improvements are not limited to Seneca Buffalo Creek Casino, but rather are extended to other area businesses (including HSBC Arena and the proposed Bass Pro project). As more fully described above, to work toward a successful conclusion on this matter, the Seneca Erie Gaming Corporation is willing to put forth three options: 1. The Seneca Erie Gaming Corporation will assist the City in approaching New York State for the remaining costs associated with these improvements; 2. The Seneca Erie Gaming Corporation will loan the City of Buffalo the entire cost of the improvements, with the gnt ire cost to be repaid to the Nation /SEGC once the City begins receiving Its portion of the local revenue share; or 3. The Seneca Erie Gaming Corporation will pay for its pro -rata share of the entire cost of the improvements, with other area developers who will benefit from the improvements paying their pro - rata share as well. 17 2(iii)(11) operational Issues and Relationship to the City of Buffalo; Host Community Benefit Agreement; City . Streets -- The City of Buffalo will not relinquish ownership of any City street to the SNI /SGC unless such street is required for the construction of the casino and related facilities. In such case, the COB and the SNI' /SGC shall enter into a legally binding agreement that describes the development(s) that will occur, commits the SNI /SGC to making the improvements that are described in the agreement and compensates the City of Buffalo for the land provided to the SNI /SGC. SEGC Response Development of the Seneca Buffalo Creek Casino site to its fullest Potential will require the abandonment by the City of that portion of Fulton Street that separates our two parcels. Our architects have, provided Preliminary designs showing that the abandonment of the street is required for the most desirable construction option for the proposed casino and related facilities. While other options remain available, SEGC prefers utilizing the entire site and believes that this will provide us with a facility that maximizes its benefit to the corporation and to the City. We have researched previous abandonment of city streets and have found no instance in which the City required any developer to compensate the City of Buffalo for such abandonment. In fact, abandonment of Fulton Street would appear to provide a benefit to the City of Buffalo in having one less portion of roadway to salt and maintain. If it is the policy of the City of Buffalo to charge developers compensation for the abandonment of City streets, especially for projects of this size and magnitude, please provide us with information when it has been required In the past. 2(iii)(12) Operational Issues and Relationship to the City of Buffalo; Host Community Benefit Agreement; -Public Utilities - The City will retain ownership of any public utility easements that run through the Casino site and will retain the right of access at reasonable times and with adequate notice to'perform needed repairs and maintenance to any such public utilities, SEGC Response All public utility easements that existed at the time of our purchase of our lands in Buffalo were preserved in the title documents submitted to the U.S. Department of interior as part of our application for restricted fee status. Thus, the City has already preserved any such easements as previously existed, including any rights to access appurtenant thereto. is 2(iii)(13) Operational Issues and Relationship to the City of Buffalo; Hest Community Benefit Agreement; Air Rights -- If Fulton Street is not transferred to SNI/SGC, the City of Buffalo will consider granting the use of air rights over Fulton Street upon approval of the proposed use and how it would impact the functioning of the street. SEGC Response The abandonment of Fulton Street-provides Seneca Erie Gaming Corporation with the best opportunity to build a project that maximizes its benefit to the corporation and to the City of Buffalo. We need to begin that process immediately. If abandonment is denied and, instead, air rights are granted, as you will see when you review them, our plans confirm that the provision of air rights will not impede the flow of traffic onto the portion of Fulton Street between Marvin and Michigan Streets. 2(iii)(14) Operational Issues and Relationship to the City of Buffalo; Host Community Benefit Agreement; Environmental Reviews - The SNI/SGC will voluntarily cooperate in the preparation of any environmental .reviews or reports that the COB is required to undertake. This includes, but is not limited to, compliance with the New York State En vironmental Quality Review Act ( "SEQRA "). It is assumed that the COB will be the lead agency and will be required to provide one or more consents that will qualify as "actions" under SEQRA. The SNI/SGC will be expected to cooperate in the SEQRA process in the same manner as is expected of developers who seek permissions) to proceed from the COB by providing data and reports that are needed to properly assess environmental impacts and shall make a legally binding written commitment to carry out all environmental protection and mitigation actions SEGC Response With the possible exception of the abandonment of Fulton Street, we do not believe that any of the actions we are requesting you take to support this project -would trigger any environmental review of any type. We agree that the City of Buffalo will be the lead agency for purposes of any such review, but we believe that it can be accomplished simply through the Negative Declaration ,process, if such a review is necessary at all. Seneca Erie Gaining Corporation will participate in all required processes triggered by the abandonment of Fulton Street to the same extent required of any other private developer.. 19 2(iv) Operational Issues and Relationship to the City of Buffalo; Host Community Benefit Agreement; M /WBE and Workforce Participation - The COB enter into a binding Agreement with the SNr1sGC that provides for hiring of local residents and minorities and M/WBE for construction jobs and for permanent employment at. the Casino and related projects and for the provision of goods and services both during construction and thereafter. Should it be necessary, the Seneca Buffalo Casino Corporation will use the services of local and state workfarce training and job placement agencies and shall provide training, job readiness Skills and scholarships to local residents to prepare them for positions including management positions and meaningful promotions at the Casino and related projects. Periodic reports shall be provided to the COB. 1. It will be required that 50% of the construction workers and 50% of the employees are from Buffalo, 2. It will be required that 33% of the construction and permanent workforces are minorities, 3. It will be required that 33 of the companies engaged for construction and to provide services on a permanent basis are minority and /or women owned with 25% minority and 8% women owned. SEGC Response As stated above, the Seneca Nation and its gaming corporations do not discriminate in employment opportunities or practices.on the basis of race, color, religion or sex, national origin, age, disability, sexual orientation or any other characteristic protected by law, nor do we establish "quotas" for the hiring of minorities and women. While we understand that many city projects In the past have included M/WBE work force requirements, generally, these have been required only where financial assistance for development has been provided by. the City using funds such as Community Development Block Grants, Urban Development Action Grants and Economic Development Administration, as these programs carry such requirements from their federal sources. The Seneca Erie Gaming Corporation will not be seeking this type of public funding. Therefore, it would appear that the requirement that we establish quotas on construction and hiring is inappropriate. 20 As with Seneca Niagara Casino & Hotel and Seneca Allegany Casino, we expect local residents to make up the bulk of our workforce. For example, more than sixty percent (60 %) of Seneca Niagara Casino & Hotel employees live in Niagara County, with approximately one -third of all employees living in the City of Niagara Falls. Likewise, Cattaraugus County residents comprise approximately sixty percent (60 %) of the Seneca Allegany Casino workforce. All of our casino operations institute a Seneca preference in hiring, and this will continue with Seneca Buffalo Creek Casino. However, we will actively recruit for employees throughout the local area through job fairs, public job postings, gaming - related training programs, etc. This has been our standard practice in both Niagara Falls and Salamanca, where we have conducted and participated in several job fairs to recruit and hire the best possible candidates from the local area. As noted above, in Buffalo we have already begun an effort to identify local job banks in high unemployment areas with which we intend to make a special effort to boost local employment and help address Buffalo's high unemployment rate. We would, of course, as stated above, welcome any suggestions you might have in this regard as to organizations on which to focus our attention and efforts. 2(v) Operational Issues and Relationship to the City of Buffalo; Host Community Benefit Agreement; Marketing. Efforts - COS enter into a binding Agreement with the SNI/SGC that provides for a specified amount of money to be spent by the SNI/SGC each year on marketing the Buffalo Creek Casino to out of area markets. This marketing must include the marketing of other cultural and tourism related attractions in the Buffalo area. There shall be an annual report on the marketing campaign including previews of planned content in advance coordinated with the Buffalo Convention and Visitors Bureau and a statement that verifies that the money was spent, how it was used and the impacts from the marketing campaign, SgGC Response As we have previously discussed, to publicly disclose the specifics of our integrated marketing strategy, specific dollars spent in which markets and the realization rate would put us at a severe competitive disadvantage with our competition in Fort Erie and Niagara Falls, Canada, the casinos and racinos in Western New York and our other competition in the Northeast. This is something no business could do and It would be counter - productive to our efforts to attract high end patrons from outside the region since it gives our competition a road map on how to neutralize our marketing efforts. While the Seneca Erie Gaming Corporation is willing to work cooperatively with regional marketing efforts and with the City's convention and visitors' 21 bureau, the specificity being requested would defeat our ability to attract more tourist traffic and expand our high end patron base. That being said, it is our intention to actively market Seneca Buffalo Creek Casino in conjunction with our existing gaming operations. These marketing efforts include paid advertising, direct mail and other related activities targeted to our comprehensive database of more than 1,00,000 individuals from across the United States, Canada and throughout the world. Furthermore, we are willing to have a senior employee in our marketing department participate on the City's convention and visitor's bureau to assist with and coordinate marketing efforts and have our Vice President of Marketing present our overall marketing plan in general terms. As we have done in Niagara Falls and in Salamanca, we will continue to market the local attractions along with the Seneca Buffalo Creek Casino, consistent with the Niagara Falls marketing materials I previously provided to you, which market our casino and the local Niagara Falls attractions. 3. Future Plans of the Seneca Nation of Indians /Seneca Gaming Corporation in Buffalo a. Buffalo enter into a binding Agreement with the SNI/SGC that requires the consent of the City of Buffalo before any additions can be made to the sovereign land of the Seneca Nation of Indians in the City of Buffalo. b. The Seneca Nation of Indians through its Tribal Council will resolve the issue of plans to expand its tribal holdings in the City of Buffalo by limiting its plans to the 9 -acre site that has now been acquired. SEGC Response Pursuant to the Nation -State Compact, the Seneca Nation of Indians had a right to acquire certain lands within Niagara and Erie Counties for the establishment of gaming and commercial activities associated with the' operation or conduct of a casino facility. The Nation has utilized the Compact to designate:-the Buffalo site and we have no intentions of expanding it beyond those acres already held in restricted fee. This Intent has been clearly expressed in letters addressed both to you in March 2006 and to United States Congressman Brian Higgins in February 2006. Copies of both letters are attached to this correspondence. CQNCLUSION In conclusion, Seneca Erie Gaming Corporation is determined to move forward with the completion of Seneca Buffalo Creek Casino, and we hope to do so with your and the Common Councils the cooperation. We believe that 22 the City stands to gain significantly from this project and that our success will bolster the City's economic status, As part of the overall economic development effort in the Inner.Narbor area, Seneca Buffalo Creek Casino can play a significant role in the Buffalo's renaissance. If you desire to see this $125 million economic development project come to fruition in a manner that maximizes its benefit to Buffalo and its residents, President Snyder requests that you take three to signify your support for the project. We are officially requesting that you: 1. Join President Snyder at a press conference on the Buffalo Creek Territory to be held at Noon on Thursday, June 1, 2006 to officially unveil the design plans for Seneca Buffalo Creek Casino. 2. Arrange a date when you and President Snyder cooperatively go to Albany to speak with Governor Pataki and leaders in the New York State Legislature regarding State assistance for infrastructure improvements, as well as Buffalo's designation as the host community for Seneca Buffalo Creek Casino. 3. Instruct the City's Corporation Counsel and other appropriate officials to begin the Negative Declaration process immediately as it pertains to the abandonment of Fulton Street. I- look forward to speaking with you as we work to move this important development project forward. If you have any questions regarding this correspondence, please feel free to contact my office at (7�6) 278 -3575. re Raj t Shah Senior Vice President for Corporate Development Seneca Erie Gaming Corporation cc: President Barry E. Snyder, Sr. Deputy Mayor Steve Casey Commissioner Rich Tobe John Pasquaioni, CEO & President of the Seneca Erie Gaming Corporation 23 Joe D Amato, SVP of Finance and Administration Barry Brandon, SVP /General Counsel Seneca Erie Gaming Corporation Board of Directors Robert Porter, Esq., Senior Policy Advisor and Counsel to the Seneca Nation Attachments 24 SENECA GAMING CORPORATION ANALYSIS OF EXCLUSIVITY vs, PROFORMA TAXES FOR FISCAL YEAR ENDED SEPTEMBER 30, 2005 ($ In thousands) SNFGC STGC SEGO SGC /SLIM CONSOL EXCLUS)WYFEES $ 48,016 S 22,271 $ - S - 3 67,287 PRO FORMA TAXES: , FEDERAL INCOME TAX, $ 8,980 $ 11,250 $ (333) $ (5,143) $ 14,753 STATE INCOME TAX 2,080 2,606 (77) (1,191) 3,418 SALES TAX ON F &B & RETAIL 921 415 - - 1,336 USE TAX ON EQUIP PURCHASES 826 275 - - 1,102 PROPERTY TAXES (REAL ! PERSONAL) 8,260 5,914 - - 14,174 GRAND TOTAL ESTIMATED TAXES $ 21,067 $ 20,460 $ (410) S (6,335) $ 34,782 SENECA GAMING CORPORATION ANALYSIS OF EXCLUSIVITY vs. PRO FORMA TAXES FOR FISCAL YEAR ENDED SEPTEMBER 30, 2005 {$ in thousands) STATE INCOME TAX: BOOK INCOME TIMES TAX RATE STATE TAX FEDERAL INCOME TAX: BOOK INCOME LESS: STATE TAX TAXABLE INCOME TIMES TAX RATE FEDERAL: TAX SALES TAX: FOOD & BEV SALES - CASH RETAIL SALES - CASH TOTAL TIMES SALES TAX RATE PRO FORMA SALES TAX USE TAX: SNFGC STGC SEGO SGCIELIM CONSOL $ 27,736 $ 34,748 $ (1,029) $ (15,886) $ 45,569 7.5 % 7.5 % 7.5% 7.5 % 7,5% $ 2,080 $ 2 $ 77) $ 1,191) 3,418 $ 27,736 $ 34,748 $ (1,029) $ (15,885) $ 45,569 (2 (2,606) 77 1,191 (3.418) 25,656 32,142 (952) (14,695) 42,151 35.0% 35.0 %6 35.0% 35.0% 35.0% ADJUSTED. TAXABLE BASE 128,863 92,259 - - 221,122 TIMES ESTIMATED RATE - - 8,980 11,2501 $ (333 $ ) 43 (5 . $ 1 4,753 . $ 10,260 $ 4,527 $ - $ - $ 14,787 903 500 - - 1,403 11,163 5,027 - - 16.190 8.25% 8.25% 8.25% 8.25% 8.25% $ 921 $ 415 $ - $ - $ 1,336 EQUIPMENT PURCHASES - 2005 $ 10,327 $ 3,442 $ - $ - $ 13,769 TIMES AVG. SALES TAX RATE 8.0 %A 8.0 % 8.0 % 8.0 % 8A %o USE TAX ESTIMATE $ 826 $ 275 5 - $ - S 1,102 NOTE: ASSUMES NO EQUIPMENT IN CIP PROPERTY TAXES: REAL PROPERTY NET BOOK VALUE $ 115,109 $ 81,081 $ 196,190 PERSONAL PROPERTY VALUE 36,495 27,459 63,954 TOTAL VALUE 151,604 108,540 - - 260,144 TIMES 85 % FACTOR 85% 85% 85% $5 %a 85% ADJUSTED. TAXABLE BASE 128,863 92,259 - - 221,122 TIMES ESTIMATED RATE 6.41% 6.41 %a 6.41 % 6.41% 6.41% ESTIMATED PROPERTY TAXES $ 8 $ 5,914 $ - $ - $ 14,174 Seneca. Na ns , lonof Indita ' xt�mdect Cldrk . Zerald(iic.:FT _2iff YOU 14091 TeL (71 FAX (71:o kea rer ­Umrk c, A. Job. , ?" M Wx 231 �� z W , .. -FAX(714.945-1566 V RESlDEN.T'S-�- 10MCE Mar -14, 2306 OWL BYrcrn Brawn Mayor City D Buffaip `6 y .4a W MO. Dear 5rawn - wrwo�- to c 04r recent -coavem ah. rega edit Che,prgpasecl Arta ln -.fi 94rd -"to: Vle Pi_bl%a XbL- Sengca. NaLtjqrt 0' I 0,PeMhcn an -our Buft to at t a i hdee th 2007 Nklon,5�ztf�, CrIk4k Terlita M-jand." io. --hj%. our 0 bU - Ybrk, the the State of New In ac;qfdance wn.-the cGMPO-i the :only Qtk6r tartds that th4 Natrii w lll be6 $*lPP•-SettJeMBnt - Act. ftur ds and granted to Wlthfn the qr1ginal !�0,4qre- flootp 0rit. ld - atec . Iagara.F the Corq'pact. 'Our sple _jnta),fj p .the City dr B uftalo.Is. to C0 Okiripe to 4tuld - uqQn die -econgmf csvcceq4 -we. tTAve z fadlit�-.�hdt_*hftr6 r, ate -tef4n reati4d an d 'to devetbp a.W ga dif ng - T new jcb�s, ble'IPstb�a`�til li:rldc4h ass cif yt&ltcm fcT the dWs'lrtn er 14 aroma, ' Mid, dMMAtely" r of -- ��vqp�je a4d r'3 #olive -z new -stream. r,,= g��j -tha T hope that you and your colleagues will work with us to make Seneca Buffalo Creek Casino a success for our Nation and for the people of Buffalo. Sincerely, Barry E. Snyder, Sr. President Seneca Nation of Indians �,Ax1a,r of President - 'sarry E. Snyder. Sr. ` 4► �.�. Treasurer - Mauvide A. John Clerk - Geroldine Ruff 1 ZV7 ROUTE 438 +� � � P.O. BOX 231 IRVING, NEW YOAK 14oti SALAMANCA. NEW YORK 1,4779 'AL (7161 532.4900 TO. (715) 945•1790 " FAX (7I6) 53Z -6272 L *1 FILX (716) 943 -1565 P M IDENT'S OFFICE February 16, 2045 Honorable Brian Higgins U.S. House of Representatives Washington, D.C. 20515 -3227 Dear Congressman Higgins: I am writing to respond to concerns raised yesterday by you in a letter sent to Secretary of the Interior Gale Norton. First, let me assure you that all of the land acquisition and casino development efforts of the Nation in the City of Buffalo have been in accordance with the Seneca Settlement Act of 1990, the Indian Gawking Regulatory Act, and the Nation's Class III gaming Compact with New York State. Under the Settlement Act, if the Nation seeks to acquire land in accordance with the Act's provisions, State and local governments have a 30 day periad in which to comment on that acquisition. Following the Nation's purchase,. of 9 acres in the City of Buffalo in October of last year, notice was given to all affected governments. Both Governor Pataki and Mayor Masiello wrote to Secretary Norton supporting the application that the land be placed in restricted fee status in the Nation's name. Secretary Norton did not oppose the Nation's application and, irk accordance with the Act, the land became subject to the Nation's sovereign Jurisdiction. Everything the Nation has done to fulfill its obligatiorns under the Compact has been without objection by the United States, the State of New York, Erie County, and the City of Buffalo. Regarding our future plans, the Nation - believes it has satisfied the terms of its Compact with the State regarding the "site of its Buffalo casino. We see no need for any further land acquisitions utilizing the provisions of the Seneca Settlement Act to implement Compact requirements. Cimrently, the Seneca Garr -ing Corporation is in the process of interviewing architects to design our proposed Buffalo' Creek. Casino. Because this development process has only just begun, there are no design plans to disclose at this time. Once the final plans have been reviawed by the Seneca Canning Corporation Board of Directors and the Nation Tribal Council, they will be publicly disclosed to City officials and the Buffalo community. As it always has, the Nation will seek to engage in dialogue with other governments and their officials whenever our development activities may affect theist. 1 welcome the opportunity to talk with you about this or other matters of mutual concern. Nya weh (thank you), 4 ar yder,'Sr. President , ATTACHMENT D City Draft of .tune 28, 2006 DRAFT 6128105 AGREEMENT THIS AGREEMENT is made and entered into on the day of , 2006 between the City of Buffalo, New York ("City'), the Seneca Gaming Corporation ( "Corporation ") and, solely for purposes of Sections 4, 5, 8(c), 9 and 10 hereof, the Seneca Nation of Indians (the "Nation "), and shall be effective as set forth in Section 2 hereof. WHEREAS, the Corporation was formed on August 1, 2002 and is wholly owned, and tribally chartered, by the Nation; and WHEREAS, the Nation is an Indian tribe recognized by the federal government of the United States of America and possessing all rights and powers pertaining thereto; and WHEREAS, under the United States Indian Gaming Regulatory Act of 1988 ( "IGRA "), federally recognized Indian tribes are permitted to conduct class III casino operations on tribal land, subject to, among other things, the negotiation of a compact with the affected state; and WHEREAS, pursuant to IGRA, the Nation entered into the Nation -State Gaming Compact with the State of New York (the "Compact ") dated April 12, 2002, which was approved by the United States Bureau of Indian Affairs, Department of the Interior; and WHEREAS, the Compact provides the Nation the exclusive right to build and operate three class III gaming facilities in Western New York; and WHEREAS, under the Compact, the Nation has agreed to contribute to the State of New York a portion of the proceeds from the operation and conduct of each category of gaming device for which exclusivity exists, based on the win of such machines (cash dropped into machines, after payouts but before expenses) and totaled on a cumulative quarterly basis to be adjusted annually at the end of the relevant calendar year (the "Exclusivity Fee ") ; and WHEREAS, the Exclusivity Fee to the State of New York for years 1 -4 of the Compact is 18.0% paid on an annual basis; thereafter, the Exclusivity Fee is 22.0% for years 5 -7 of the Compact on a semi - annual basis and 25.0% for years 8 -14 of the Compact on a quarterly basis; and WHEREAS, for purposes of calculating the Exclusivity percentage, the Compact commenced on April 12, 2002; and WHEREAS, the Compact also provides that a share of such Exclusivity. Fee shall be paid to the "host municipal government" as referenced in the Compact (the "Local Share "); and WHEREAS, the three Class III gaming facilities operated by the Nation in Western New York are the Seneca Niagara Casino & Hotel in Niagara Falls, New York, the Seneca Allegany Casino in Salamanca, New York, and a third Class III gaming facility to be constructed in the City of Buffalo, New York, referred to as the Seneca Buffalo Creek Casino; and 10033530.1 -2- WHEREAS, the Corporation was chartered to operate and manage the Nation's gaming operations and for the purpose of developing, constructing, leasing, operating, managing, maintaining, promoting and financing all of the Nation's gaming facilities; and WHEREAS, the Nation's Tribal Council, at the request of the Corporation's Board of Directors, chartered three subsidiary corporations of the Corporation to operate the three sites authorized by the Compact; and WHEREAS, the subsidiary corporations are Seneca Niagara Falls Gaming Corporation, which operates Seneca Niagara Casino & Hotel, Seneca Territory Gaming Corporation, which operates Seneca Allegany Casino and Seneca Erie Gaming Corporation,( "SEGC ") , Aich was chartered on August 9, 2003 to develop and operate Seneca Buffalo Creek Casino in the City; and WHEREAS, the City is a subdivision of the State of New York, possessing all rights and powers pertaining thereto; and WHEREAS, the Buffalo Fiscal Stability Authority ( "BFSA ") was created by the State of New York in 2003 with certain powers over the finances of the City of Buffalo including the power to approve certain contracts entered into by the City of Buffalo; and WHEREAS, the BFSA has determined that all contracts involving the City of Buffalo that have a contract value of $50,000 or more must obtain BFSA approval; and WHEREAS, this Agreement exceeds the threshold of BFSA approval authority and must therefore be referred to the BFSA for action prior to the City of Buffalo executing this Agreement; and WHEREAS, on October 3, 2005, the Nation acquired approximately nine acres of land in the Inner Harbor area of downtown Buffalo and designated that land (the "Land ") as its preferred site for constructing a Class III gaming facility; and WHEREAS, pursuant to federal law the Nation holds the Land as restricted fee property; and WHEREAS, the Compact requires that, in order to preserve the Nation's exclusive right to establish and operate a Class III gaming facility in Erie County, New York, the Nation commence construction of a Class III gaming facility in Erie County by December 9, 2005; and WHEREAS, the Nation commenced such construction on December 8, 2005; and WHEREAS, according to the Compact, Seneca Buffalo Creek Casino must be., operational by December 9, 2007; and WHEREAS, in order to obtain the benefits and to enter into the obligations of this Agreement, the Nation has agreed to a limited waiver of sovereign immunity on behalf of the Corporation and SEGC; and 1003353 ©3 -3- WHEREAS, in order to obtain the benefits and to enter into the obligations of this Agreement, the City has agreed to the alternative dispute resolution process specified in this Agreement; and WHEREAS, in recognition of the rights and responsibilities of the Nation, the Corporation and SEGC under federal and New York State law and in order to ensure their mutual benefit, the Parties wish to set forth their understandings with respect to certain matters pertaining to their ongoing relationship; NOW, THEREFORE, the Parties hereby enter into this Agreement. 1. I Definitions For purposes of this Agreement, including the Appendices: (a) " Agcement " means this Agreement and all Appendices attached hereto, as it may be amended from time to time in accordance with its terms. (b) " Appendix " means an appendix to this Agreement, all of which are incorporated into this Agreement by reference and made a part hereof. "Appendices" means more than one Appendix. (c) " Certified Mail means certified or registered mail, Federal Express, United Parcel Service, Express Mail or any similar mail delivery service generating a return receipt or a signature of the recipient, confirming delivery of that mail. Certified Mail does not include electronic mail. (d) " Corporation " has the meaning set forth in the preamble to of this Agreement but, except in the recitals hereto, shall also include SEGC, it being recognized that all rights and obligations of the Corporation Hereunder shall also be rights and obligations of its subsidiary SEGC and that the City shall have the right to enforce this Agreement against the Corporation, SEGC or both of them in the manner specified in this Agreement. (e) " Effective Date has the meaning set forth in Section 2(a) of this Agreement. (f) " Fulton Street Section shall mean that section of Fulton Street between Michigan Avenue and Marvin Streets but not including any portion of the right of way of Michigan Street or Marvin Street. (g) "Governmental Authori ' shall mean any nation, country, commonwealth, territory, government, state, federally recognized - Indian nation or tribe, county, parish, municipality, or other political subdivision and any entity, whether federal, state, local or otherwise, exercising executive, legislative, judicial, regulatory, or administrative functions of or pertaining to government. ' (h) " Material Breach means a material, uncured breach of this Agreement. (i) " Party " means any signatory to this Agreement. 10033330.1 -4- 0) " Parties " means all signatories to this Agreement. (k) " Person " shall mean an individual, corporation, partnership, trust, limited liability company, limited liability partnership, unincorporated organization, Governmental Authority, any agency or political subdivision of any government, or any other form of entity. (1) " Seneca Erie Gaming Corporation Site or "Site" means the approximately 9 acre site purchased by the Corporation and bounded by Perry Street, Marvin Street, South Park Avenue and Michigan Avenue, including the Fulton Street Section. Z. Effectiveness of Agreement This Agreement shall be effective upon the latest to occur of (i) approval of this Agreement by the Mayor of the City after authorization from the Buffalo Common Council, (ii) approval of this Agreement by after adoption of resolutions of the Boards of Directors of the Corporation and SEGC approving the execution, delivery and performance by the Corporation and SEGC of this Agreement, (iii) approval of this Agreement by the BFSA and (iv) approval of this Agreement by the Nation's Tribal Council) (the latest to occur of such dates, the "Effective Date "). The City shall promptly notify the Corporation when the approvals referenced in clauses (i) and (iii) of the preceding sentence have been obtained and the Corporation shall promptly-notify the City when the resolutions referenced in clause (ii) of the preceding sentence have been adopted and when the approval referenced in clause (iv) of such sentence has been obtained. Term of Agreement (a) Termination Date This Agreement shall terminate upon expiration or termination of the Compact in accordance with its terms, taking into account any automatic renewal term set forth therein and any renewal term agreed upon by the parties thereto. (b) Effect of Termination No termination or expiration of this Agreement shall affect (i) the obligation of any Party to pay any amount owed to any other immediately prior to such termination or expiration or (ii) any remedies of any Party hereto for breach of this Agreement. 4. Joint Efforts (a) New York State Matters. The Corporation, the Nation and the City agree to work together: -0) to have the City designated by New York State as the "host municipal government" for the Seneca Buffalo Creek Casino under, and as contemplated by, the Compact; (ii) to assist the City in obtaining at least 100% of the Local Share with respect to the Seneca Buffalo Creek Casino; and (iii) to seek an amendment to the [legislation implementing the Compact] which would permit the Nation to pay the City's Local Share directly to the City. 10033530.1 -5- (b) Fire. The Corporation, the Nation and the City agree to work together to seek to maximize the safety of visitors to the casino by establishing and maintaining a cooperative relationship between the Fire Commissioner of the City of Buffalo and the Corporation and Nation, which would include opportunities for fire protection personnel to familiarize themselves with the floor plans of the casino and any other improvements on the Land and permission to enter the Site in the event of a fire emergency. (c) Police The City of Buffalo would provide police services at the Seneca Buffalo Creek Casino as follows: . It is also anticipated that the Nation or Corporation might, from time to time, require traffic or crowd control assistance for special events and that they would work with the City police in such events on a case by case basis, compensating the City for the City's out of pocket cost therefor plus the City's administrative review cost generally in the same amount and in the same manner as applies to other special events in the City of Buffalo. The Corporation shall maintain at the Site its in -house security service and Seneca Marshals in order to provide substantial protection to the Seneca Buffalo Creek Casino and its customers. It is recognized and agreed that the Seneca Nation Marshals or other police services of the Nation or private security services engaged by the Nation or Corporation shall not have any police or enforcement powers in the City except on the Site. (d) Water The City shall provide local water service to the Corporation at the Site. The Corporation shall purchase water from the City for the Site and shall pay water invoices at the same time and at the same rate as is charged to other municipal customers from time to time. The Corporation shall arrange for and pay for connection to water service under the same terms and conditions as applies to all City water customers including the requirement to use a licensed plumber to make the connections. The City shall arrange for the Seneca Buffalo Creek Casino to be connected to local water in accordance with its customary procedures and such connection shall be accessed and maintained on the same terms as other municipal customers. (e) Sewer The City shall provide local sewer service to the Corporation at the Site. The Corporation shall purchase sewer service from the City for the Site and shall pay sewer invoices at the same time and at the same rate as is charged to other municipal customers from time to time. The Corporation shall arrange for and pay for connection to sewer service under the same terms and conditions as applies to all City sewer customers including the requirement to use a licensed plumber to make the connections. The City shall arrange for the Seneca Buffalo Creek Casino to be connected to the local sewer in accordance with its customary procedures and such connection shall be accessed and maintained on the same terms as other municipal customers. (f) Refuse collection It is understood and agreed by the Parties that the Nation and Corporation would not be relying upon the City to provide refuse collection services to them but that they will instead engage the services of a private contractor. S. Environmental Matters The Nation and Corporation will voluntarily cooperate in the preparation of any environmental reviews or reports that are required by state or federal laws, including, but not limited to, compliance with the New York State Environmental Quality Review Act ( "SEQRA ") with respect to the Site or any subsequent infrastructure projects that may be identified and undertaken at a later time. 10033530.1 6. Covenants of the Cit . In exchange for the commitments of the Corporation and the Nation in this Agreement, the City will: (a) Fulton Street Section Take such steps as are necessary under applicable law to abandon and sell the Fulton Street Section, using the appraisal method provided for in the Charter and ordinances of the City of Buffalo, to the Nation, but with all (utility] [other] easements and access rights remaining in effect [and/or] having the affected public and private utilities, if any, relocated at the expense of the Corporation. Should utilities remain in or on the Site, an easement shall be granted to the utility owner that provides for access to inspect, maintain, repair and replace such utilities upon reasonable notice and at reasonable times under the circumstances. (b) Improvements Upon receipt of the Fulton Street Payment, as defined below, commence, and proceed to complete to the extent that they can be completed using the Fulton Street Payment and Impact Payment, as defined below, when and as received from the Corporation, and subject to any required environmental review, the infrastructure improvements listed on Appendix A hereto. (c) Local Share Until the total amount deposited equals the sum of the Fulton Street Payment and the Impact Payment, deposit an amount equal to 20% of each Local Share payment received by the City to the Fund referenced in Section 8(d). (d) Marketing Covenants Through the Buffalo Convention and Visitors Bureau ( "CVB ") work with the Corporation to promote tourism in the Buffalo and Erie County region, maximize the amount of tourist dollars conning to the City and the Corporation from outside of the Western New York area, including marketing of the City of Buffalo as a tourist destination in its own. right. 7. Covenants of the Corporation In exchange for the commitments of the City in this Agreement, the Corporation will: (a) Build the Casino Build, on the Site, [on or before December 9, 2007] a state of the art casino in accordance with the design which was publicly unveiled on or about June 1, 2006 with an aggregate investment by the Corporation approximating $125 million dollars and including 1,900 to 2,200 slot machines and 30 to 50 table games, all as more fully described in Appendix B. The Parties acknowledge that the commitment to construct the facility as described herein is a material matter and is the primary inducement provided to the City to transfer the Fulton Street Section. (b) AppraisedValue. Pay to the City in cash, for the Fulton Street Section, the amount determined pursuant to the process set forth in the City of Buffalo Charter and ordinances (the "Fulton Street Payment "). (c) Construction. The Corporation agrees to dispose of construction debris from the construction of the Casino in accordance with applicable federal, state and local laws_ (d) MWBEfWorkforce Matters 10033530,1 -7_ (i) The Corporation has represented to the City that (i) it gives employment preference to members of the Nation and that it takes affirmative steps to ensure that minorities and women are well represented in its workforce and that (ii) its current workforce is composed of at least 25% minorities (which term includes, for purposes of this Section 7(b), members of the Nation) and at least 8% women at the Seneca Buffalo Creek Casino. The Corporation hereby confirms its intention to continue to achieve the percentages set forth in the preceding sentence. (ii) The Corporation agrees to deliver to the City of Buffalo, on an annual basis, information regarding the total number of people employed by the Corporation and Subsidiary at the Seneca Buffalo Creek Casino and the numbers of those people who are minorities and women, and to make a human resources manager of the Corporation available to attend a Common Council meeting annually, if requested, to answer questions regarding such information. (iii) The Corporation agrees to continue to use the same hiring, standards and practices as it currently uses with the goal of maintaining at all times a workforce consisting of at least 25% minority employment and 8% women. (iv) The Corporation agrees to. adopt and maintain in effect [a policy] [hiring and retention policies and procedures] for the Seneca Buffalo Creek Casino in order to maintain at all times a workforce consisting of at Ieast 25% minority employees and 8% women. (v) The Corporation agrees to work with the agencies listed on Appendix C hereto to increase economic opportunity /employment opportunities for minorities and women including, without limitation, giving to such agencies advance written notice of job fairs and conducting job fairs in economically disadvantaged areas of the City. (vi) The Corporation agrees to maintain in effect, during the construction phase and during the operation of the facilities, policies designed to achieve the goal that at all times 25% of its suppliers of goods and services (by number and dollar volume) will be minority owned businesses and 8% of its suppliers of goods and services (by number and dollar volume) will be women -owned businesses (recognizing that, in each case, they must first be licensed under applicable Seneca Nation procedures). (e) Lm pact Pa nt. Pay to the City of Buffalo an impact payment in an amount equal to six million dollars ($6,000,000.00) minus the Fulton Street Payment (the "Impact Payment "). (Payment schedule) (f) Marketing Covenants Recognizing that it is in the best interests-of the Parties that the Seneca Buffalo Creek Casino draw visitors front outside the Western New York area, and maximize the amount of tourist dollars corning to the City and the Corporation from outside of the Western New York area, the Corporation agrees to: (i) Work with the board of the CVB to coordinate marketing of the City as a tourist destination in its own right. f W33530. t (ii) Pay one million dollars ($1,000,000.00) to the City annually to support joint regional marketing efforts, such amount to be paid in immediately available funds on [— ] and on each anniversary thereof. (iii) Spend, annually, more than CVB's annual budget of $1.7 million dollars on marketing the casino to people outside of the eight counties of Western New York, including on marketing strategies which would market the Seneca Buffalo Creek Casino as a package with other attractions in the City of Buffalo, [such as theatre, sporting events, cultural attractions, dining and architecture] [see redacted marketing plan]. For purposes of this Section, money spent marketing all three of the casinos together shall be divided by three and the result shall count as marketing the Seneca Buffalo Creek Casino. (iv) Have a senior marketing executive make a presentation on an° annual basis to the City of Buffalo Common Council to report on the foregoing marketing efforts. 8. Intentions With no legal obligation of each to the other (except to the extent sef forth elsewhere in this Agreement) but as a confirmation of their respective good faith intentions: (a) Corporation The Corporation declares its intention to (i) be a good neighbor to the City, (ii) employ at least [1000] people at the Seneca Buffalo Creek Casino at all times after its completion, with preference given to members of the Seneca Nation but with due regard for diversity within the workforce at all levels and with special efforts to recruit in high unemployment areas of the City of Buffalo, (iii) use local construction companies in construction of the casino and local vendors and suppliers to purchase the majority of its supplies and services (recognizing that they must first be licensed under applicable Seneca Nation procedures, (iv) undertake non - gaming economic development projects in the City on land not taken into restricted fee status, (v) build the casino and related facilities to NYS building code requirements or better, and (vi) (b) Cam. The City of Buffalo declares its intention to (i) be a good neighbor to the Seneca Nation, (ii) make additional infrastructure improvements in the area of the Site to support the Site and adjoining inner harbor projects and (iii) to the extent permitted by applicable law, cooperate with the Corporation in the construction of the casino described on Appendix B hereto. (c) Nation and Corporation The Corporation declares its intention to purchase additional real estate in the vicinity of the Land for purposes of employee parking. The Corporation confirms that it intends to hold such real estate in fee and the Corporation and the Nation each hereby confirm that they do not intend to bring such real estate into restricted fee status under applicable federal law. The Nation and the Corporation further declare their intention that no,additional land in the City of Buffalo is needed for the operations of the Site and no additional land in the City will be acquired and placed in restricted fee status to operate or support the operations of the Casino. (d) Fund The City and Corporation declare their intentions to establish a Fund for inner harbor development that will be maintained in an account in the City's general fluid and 10033530.1 will be managed by a board of directors that consists of three individuals designated by the Mayor of the City, one individual designated by the City's Common Council and one individual designated by the Corporation and will spend those funds for economic development in the City's inner harbor area. 9. Part Dis ute Resolution. (a) Purpose The Corporation and the City intend to resolve disputes in a manner that will foster a spirit of cooperation and efficiency in the administration of and compliance by each Party with the provisions of this Agreement. (b) Negotiation In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach hereof, the Parties shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, either Party may provide written notice of a claim to the other in accordance with Section 10(a) hereof. Upon receipt of such written notice, the Parties shall then meet within fourteen (14) days, shall negotiate,in good faith and shall attempt to reach a just and equitable solution satisfactory to both Parties. (c) Method of dispute resolution If the Parties do not reach such solution within a period of thirty (30) days after such meeting, or if the. Parties fail to meet and thirty (30) days pass after the written notice of claim is received, then, upon notice by either Party to the other, either Party may submit the dispute, claim, question, or disagreement to binding arbitration. (d) Arbitration notice The notice for arbitration shall specify with particularity the nature of the dispute, the particular provision of the Agreement at issue and the proposed relief sought by the Party demanding arbitration; provided, however, that neither Party may seek monetary damages, other than specific performance, for any alleged dispute, claim, question or disagreement. (e) Selection of arbitrators Each Party shall select one arbitrator and the two arbitrators shall select the third. (f) . Procedures for arbitration Arbitration under this Section shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association or such other rules as the Parties mutually agree. Three arbitrators shall preside and shall be selected by the parties in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall take place at a location in the City of Buffalo or such other place as the parties may jointly agree. The arbitrator(s) shall render an award within forty -five (45) days after the conclusion of the arbitration. (g) Arbitration costs The cost of the arbitration shall be shared equally by the Parties, but the Parties shall bear their own costs and.attorneys' fees associated with their participation in the arbitration. (h) Remedies For Material Breaches, the arbitrators may impose as a remedy only specific performance or termination of the Agreement. For all other breaches other than Material Breaches, the arbitrators may impose as a remedy only specific performance. In no event shall 10033530.1 -10- monetary damages, other than specific performance, be available as a remedy to either Party for any alleged breaches of this Agreement, including Material Breaches. (i) Arbitration decision The decision of the arbitrators shall be final, binding and non - appealable. Failure to comply with the arbitration award within the time specified therein for compliance, or should a time not be specified, then forty -five (45) days from the date on which the arbitration award is rendered, shall be deemed a breach of the Agreement. The prevailing party in an arbitration proceeding may bring an action solely and exclusively in the U.S. District Court for the Western District of New York to (i) compel arbitration under this Agreement or (ii) enforce an. arbitrator's decision with respect to arbitration under the commercial arbitration rules of the American Arbitration Association and the Nation, for itself, for the Corporation and for SEGC, irrevocably agrees to waive its sovereign immunity, to consent to the jurisdiction of such court and any federal court having appellate jurisdiction over actions of such court and to consent to suit in such courts solely and exclusively for the strictly limited purpose of such an action in such courts and for no other purpose. The Nation and the Corporation hereby expressly and irrevocably waive any right they may have to seek tribal proceedings or jurisdiction for resolution of a dispute related to this Agreement or the subject matter hereof. 10. Miscellaneous (a) Official notices and communications. All notices and communications required or authorized to be served in accordance with this Agreement shall be served by Certified Mail at each of the following addresses: Seneca Gaming Corporation President Seneca Gaming Corporation 310 Fourth Street Niagara Falls, New York (Seneca Nation Territory) 14303 With a copy to: General - Counsel Seneca Gaming Corporation 310 Fourth Street Niagara Falls, New York (Seneca Nation Territory) 14303 Seneca Nation of Indians President Seneca Nation of Indians 10033530.1 With a copy to: City of Buffalo. New York Mayor City of Buffalo Room 201 City Hall Buffalo, New York .14202 With a copy to: Corporation Counsel City of Buffalo Room 20I City Hall Buffalo, New York 14202 (b) Further Assurances, The Parties shall execute and deliver all further instruments and documents and take any further action that may be reasonably necessary to implement the intent and the terms and conditions of this Agreement. Without limitation of the foregoing, the Parties will each seek, in a timely manner, any further ratification of this Agreement that may be required. (c) Successors and Assigns All covenants and agreements herein contained by or on behalf of the Parties shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns. (d) No Assi ent Neither this Agreement nor any rights, responsibilities or obligations hereunder can be transferred or assigned, whether by operation of law or otherwise, without the prior written consent of the non - assigning partias. (e) No third RAAY beneficiaries. All provisions herein are imposed solely and exclusively for the benefit of the Parties hereto. No other Person shall have any right, benefit, priority, or interest hereunder or as a result hereof or Dave standing to require satisfaction of provisions hereof in accordance with their terms. (fl Governing Law This Agreement shall be govezned by, and construed in accordance with, the laws of the State of New York applicable to contracts executed in and to be performed in that State, without reference to any conflict of laws provisions thereof except Sections 5 -1401 and 5 -1402 of the New York General Obligations Law. 10033530.1 - 12- (g) SeverabiIity In the event any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement. (h) Modifications Amendments or Waivers This Agreement may be amended only by an agreement in writing executed by the City and the Corporation, and by any other Party hereto which is affected by such amendment, with any approval of such Party's Tribal Council, City Council or other governing body which may be required by applicable law. (i) References References in this Agreement to Section or Appendix numbers shall be to Sections of or Appendices to this Agreement, unless expressly stated to the contrary. References in this Agreement to "hereby," "herein," "hereinafter," "hereof," "hereunder" and words of similar import shall be to this Agreement in its entirety and not only to the particular Section or Appendix in which such reference appears. 0) Countemarts For the convenience of the Parties, this Agreement may be executed in multiple counterparts, each of which for all purposes shall be deemed to be an original, and all such counterparts shall together constitute but one and the same Ageement. 10033530.1 -13- IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above. CITY OF BUFFALO SENECA GAMING CORPORATION By: By:_ Name: Name: Title: Title: SENECA ERIE GAMING CORPORATION By:_ Name: Title: For purposes of Sections 4, 5, 8(e ), Q and IO only, THE SENECA NATION OF INDIANS By: Name: Title: 10033530.E -14- Appendix A Infrastructure Improvements 10033530.E -15- Appendix B Casino Description The casino shall include a specialty restaurant, a 24 -hour casual dining restaurant, a nightclub, retail. stores and a 2,500 -space parking garage. [Insert more detailed description] 10033330.[ -I6- Appendix C Agency List 1 0033$30.1 August 14 2006 Attention Gerald Chwalinski: I am writing you that is troubling mej live at 82 Burgard Place in Buffalo the property is own by myself and my wife. Know there is a property next door to us 78 Burgard Place same city that has been vacant for over 2 years . My concern is there are many problems with 78 Burgard, first there is been numerous break, ins with in the past 2 years. The property has been boarded up my myself and nay neighbor since no thanks to the city. There is trash furniture dump in the back of the house this I feel is a fire hazard waiting to happen my property is very close. This is being used as a hang out for teenagers on the porch and the back yard. The city boarded up after it was already taken care of on the lowere part. The police has been called on numerous times we have been told there is nothing that can be done. The property at 78 the home owner is Ellen Sunley the bank that is listed for the home is Citicorp, I am very concern that if anything happens to 78 our home is very close I don't need nothing happen to our home. Myself and my wife have called number of times to the mayors complaint line nothing is happen. The same thing keeps going on I have called and in contact to my councilmen Dave Franzak they are very aware of the situation. There is tracking complaint numbers as follow 32370/56890/66970, My home phone number is (716)896 -2868 The latest break in was this past Saturday 1030 am my wife heard banging on pipes I call 911 they never arrived till 11:05 by that time the party was gone. The police told us the rear basement window was broken they told us to keep calling the mayor complaint line. I would be very appreciated in any help you can do for us. Thank you for your time. Thomas Stineman REFERRED `1O THE COMMITTEE ON LEGISLA'T'ION AND THE COMMISSIONER OF EDPI C J 0 rm Woodcock & Armani Mechanical Contractors A Conn fo rt Systems USA (Syracuse) Company 6500 New Venture Gear Drive East Syracuse, NY 13057 August 2, 2006 City of Buffalo Common Council www.woodcockandarmani.corn (315) 425 -7100 Phone (315) 471 -6857 Fax c: Chapter 96 of the Code of the City oCl3uffalo Gentlemen; We recently became aware that the City of Buffalo is now requiring that contractors submitting bids for city work are required to have, in place, a New York Statc DOL Apprenticeship program for bids in excess of $1.00,000.00. We have clone work :for the city in the past and would like to submit Our apprenticeship program for your approval. Our program is registered with the New York State Department of Labor in Region 5 with Diane Leahy and Region 7 with Don Voorhees, the respective NYS program adn I'M Stlr'e you will find everything in order but if you have questions you can contact me in our office in (31.5) 425 -7100 or Diane Leahy at (315) 479 -3228 or Don Voorhees at (716) 551 -2737. 1 would appreciate a return response to assure we are approved to bid future city work. Sincerely, Woodcoci A Coirrforl' I.Jenys 1.1. President Contractors Company 1_.nclosures REFERRED TO MHE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORK DST /lh P Cc: Diane Leahy J :y Woodcock & Armar i Mechanical Contractors A Comfort Systems USA (Syracuse) Company 6500 New Venture Gear Drive East Syracuse, NY 1.3057 August 2, 2006 Department of Labor Attu: Don Voorhees 290 Main Street, Room 213 Buffalo, NY 14202 Dear Dort: www.woodcockandarmani.coni (315) 425 -7100 Phone (315) 471 -6857 Fax Thanks for taking the time to spear to with me last Tuesday regarding registered apprentice programs and. the new laws in the City of Buffalo and Erie County which require New York State registered training programs for certain construction projects being bid in those areas. Attached you will find copies of our New York State Apprentice Training Registration agreements for four separate apprentice progran - is that we have in place in Region 5. Please record these in your Region 7 in the event we bid future projects in the City of Buffalo or Erie County so you can verify our concurrence with the new laws. Thank you for your assistance with this matter. Very truly yours, WOOdcoeI r' /t Convb ..SV l ems) P Enclosures Mecl nical Contractors Inc. Company DST /lh DEPARTMENT OF LABOR APPRENTICE TRAINING PROGRAM REGISTRATION AGREEMENT REVISION T ON PROVIDER o x I(nature of change) WAGE PROGRESSION RATES 1. Name of Sponsor ARMAN PLUMBING & MECHANICAL STATE USE ONLY AT -, Sponsor No. ATP Code Effective Date of AT Program 2. Mailing Address 6500 NEW VENTURE GEAR DRIVE, EAST SYRACUSE, NY 13057 ONONDAGA (Number & Street) (City) (State) (Zip Code) (County) 3. Actual Address SAME (Number & Street) (City) (State) (Zfw Casfg) _ . (County) 4. )_ - Ext. # -6857 Pone 315 425 7100 . ,,. Fax ` -- 315 4 71 5. Trade /Occupation PLUMBER / PIPEFITTER 6. No. Employees 133 No. Apprentices 5 No. Journeyworkers 35 7. Ratio: 1 : 1 / 1: 3 (Non Standard p) SIC DOT 8. Code _L 7 _L _L 9. Code 8 6 2- 3 8 1 - 0 3 0 10.Length of Program 6 0 Months 11. Apprentice Probationary Period N/A 13. Minimum Journeyworker Rate $ 17.00 per HOUR 12. Work Process: Standard or Revised X 14. Effective Date of Wages 11 15 05 15. APPRENTICE WAGE" PROGRESSION FOR EACH PERIOD - IN MONTHS (M) OR HOURS (H) 1 2 3 4 5 6 7 8 9 10 -M 6 N M 6 H M 6 —F m H 6 H T m 6 :14 6 PA 6 H H M 6 H kj 6 H M 6 H 53% 56% 60% 657 68% 74% 80% 84% 95% 95% 16. The Spons ja{grees to comply with.the provisions on this side and on the reverse side of this agreement. 17. c / -v Ill / 7/dS 18. Signatu of Official Spa or Representative Date Signature of Union Representative DELAYS THOMPSON, PRESIDENT Print Name and Title Print Name, Title, and Union Name T 10 (11 -95) 19. Signature New York State Department of Labor Date I - Date DEPARTMENT OF LABOR APPRENTICE TRAINING PROGRAM REGISTRATION AGREEMENT REVISION 7 -RELATED INSTRUCTION P ROVIDER (nature of change) WAGE PROGRESSION RATES 1. Name of Sponsor WOODCO & ASSOCIATES STA USE ONLY Sp onsor ' Sponsor No, - -j ATP Code/ ` - ° -3 Effective Date of AT Program 2. Mailing Address RE GEAR DRIVE EAST SYRACUSE NY 13057 ONONDAGA (Number & Street) (City) (State) (Zip Code) (County) 3. Actual Address SAME (Number & Street) (City) (State) (Zip Code) (County) 4. Phone (_315 )- -- ___425- 71 „00 „,,,... Ext. # Fax ( 315 _)_471 --6857 5. Trade /Occupation PLUMBER':” "PIPEFITTER S. No. Employees 133 No. Apprentices 1 No. Journeyworkers 33 7. Ratio: 1: 1 / 1: 3 (Non Standard CI) Months DOT N3anths 3. Code 1 7 1 1 9. Code 8 6 2- L8_1_- 0 3 0 1 O.Length of Program 60 11. Apprentice Probationary Period N/A 12. Work Process: Standard or Revised - X 13. Minimum Journeyworker Rate $ 17,00 per HOUR 14. Effective Date of Wages - . 11/12105 15. APPRENTICE WAGE PROGRESSION FOR EACH PERIOD - IN MONTHS (M) OR HOURS (H) 1 2 3 4 5 6 7 8 9 10 M --!]�. H H M H Mme_ H M ----- H M �]— H M 6 H M H M H M 6_ H 53% 56% 60% 65% 68% 74% 80% 84% 95% 95% 6. The Sponsor ees to comply with the provisions on this side and on the reverse side of this agreement. 7. - gnature of Official Sp6nsor Representative Date Signature of Union Representative [late DENYS THOMPSON PRESIDENT Print Name and Title, 1001-95) 19. Print Name, Title, and Union Name Signature New York State Department of Labor l �'-/ -�-- /C)5 Date F4tVV YUKK 5TATE DEPARTMENT OF LABOR [ r APPRENTICE 1.. _ PROGRAM REGISTRATION ..GREEMENT REVISION F-1 AT STATE USF O NLY (nature of change) Sponsor N o. � _ C't p ATP ) Code - Effective Date of AT Program 1. Name of Sponsor COMFORT SYSTEMS USA SYRACUSE INC. 2. Mailing Address 6500 NEW VENTURE GEAR DRIVE, EAST SYRACUSE, NY 13057 ONONDAGA (Number & Street) (City) (State) flip Code) (County) 3. Actual Address SAME 4. Phone f 3.15 x_425 -7100 Ext. ,# Fax {315 471 -6857 5. Trade /Occupation INSULATION & ASBESTOS WORKER 6. No. Employees 131 No. Apprentices 2 No. Journeyworkers 7 7. Ratio: SIC l DOT (Non Standard ) 8. Code - -- 9. Code 8 6 3- 3 6 4. 0 1 4 101ength of Program 4 8 Months 11, Apprentice Probationary Period 7 12. Work Process: Standardx or Revised 13. Minimum Journeyworker Rate $ 17.00 per HOUR 14. Effective Date of Wages 11/15/05 15. APPRENTICE WAGE PROGRESSION FOR EACH PERIOD- IN MONTHS (M) OR HOURS (H) 1 . .. 2 3 4 5 6 7 8 9 10 M 6 M 6 1 M 6 M 6 M 6 M 6 M 6 M 6 M M H H H H H H H H H 56% 60% 65% 68% 74% 80% 84% 95% 6. The Sponso rees to co y with.. the provisions on this side and on the reverse side of this agreement. 7. ignature of Off ic' 5ponsor Representative Date Signature of Union Representative Print Name and Title Print Name, Title, and Union Name F 10 (11.95) 19. ignature New York State Department of Labor 1 I Date Date ti NEW YORK STATE - r DEPARTMENT OF LABOR vo APPRENTICE TRAINING PROGRAM REGISTRATION AGREEMENT fib ^ i) 9 a , -r REVISION � AT 8 (nature of change) NTYS Department of Labor 450 S. Salina Street, Room 203 Syracuse NTY 1:3202 S USE ONLY AT _.- ATP 1 5 2 0 1 Code - Effective Date of AT Program 1. Name of Sponsor Comfort Systems 'USA (Syracuse) , Inc. 2. Mailing Address 6 500 New Venture Gear Dr. , Eas Syracuse, NY 13057 Onondaga (Number & Street) (City) (state) (Zip Code) (County) 3. Actual Address same (Number & Street) (City) (State) (Zip Code) (county) 4. Phone 315 ) 425 -7100 Ext. # 5. Trade /Occupation Sheet Metal Worker Pax 315 )471 -6857 6. No. Employees 133 No. Apprentices 2 No, Journeyworkers 13 7. Ratio: 1 : 1/ 1 :3 (Non Standard ❑) s 1 7 1 1 DDT 8 0 4- 2 8 1_ 0 1 0 10.Length of Program 6 0 Months 8. Code 9. Cade 11. Apprentice Probationary Period NIA 12. Work Process: Standard x or Revised — 13. Minimum Journeyworker Rate $ 17 .00 per hr: 14. Effective Date of Wages 11115/05 15. APPRENTICE WAGE PROGRESSION FOR EACH PERIOD - IN MONTHS (M) OR HOURS (H) 1 2 3 4 5 6 7 8 9 10 M 6 M 6 M 6 M 6 M 6 M 6 M 6 M 6 M 6 M 6 H H H H H H H H H H 53% 56% 60% 65% 68% 74% 80% 84% 95% 95% 16. The Spo agrees to compl ith the provisions on this side and on the reverse side of this agreement. 17. � /"5� 18. - / 1 'SI of Official 5PPKsor Representative Date Signature of Union Re esentative Date Denys Thompson, President Print Name and Title AT 10 (11 -95) 10 r1 Signature Ne Print Name, Title, and Union Name York State Department of Labor i l 1 Date WILLKIE PARR & GALLAGIII , "It LLP Attorneys for the Adelphia Connniunications Corporation et aI. 787 Seventh Avenue — — New York, New York 100 19-0099 (212) 728 -8000 UN1TFI) STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NE;W YORK , In re ) Chapter I 1 Cases Adelphia Communications Corporation, et A, ) Case No. 02 -41729 (RL?(;) Debtors. ) Jointly Adnninistered NOTICE OF: (I) ENTRY OF ORDER CONFIRMING 'THIRD MODIFIED FOURTH AMENDED JOINT PLAN OF REORGANIZA'T'ION UNDER CHAPTER I I OF THE BANKRUPTCY CODE FOR CENT URY -`I'CI DEBTORS AND PARNASSOS DEBTORS, AS CONFIRMED, DATED AS OF JUNE 28,2006; (IL) OCCURRENCE OF EFFECTIVE DATE; AND (III) DEADLINE FOR FILING ADMINISTRATIVE CLAIMS AND CLAIMS ARISING FROM THE RF2.3,1 IVION OF AN EXECUTORY CONTRACTOR UNEXPIRED LEASE. PL EASE TAKE.; NOTICE that on June 29, 2006, the United States Bankruptcy Court for the Southern District of New York (the "Court ") entered an order, dated .Lune 29, 2006 (the " Contirt - nation Order "), confirming the 'l"hird Modified Fourth Amended Joint Plan of Reorganization Under Chapter I I of the Bankruptcy Code for Century -TCI Debtors and Parnassos Debtors (collectively, the " JV .Debtors "), as C'onfirrnied, elated as of 28, 2006 (the; " ,IV Plan "), proposed by the debtors in the above - captioned cases. Capitalized terins used but not defined herein have the meanings given there in. the .IV Plan. PLEASE; TAKE FURTHER NOTICE, that the Confirmation Order and the .IV Plan each arc on file with the Clerk of the Court, and may be examined by interested parties at the Office of the Clerk of the Court, United States Bankruptcy Court, Southern District of Ncw [ ' V JV Debtors under the JV Plan ol'an unexpired lease or executory contract must be filed with the Bankruptcy Court and served upon counsel to the Debtors (Willkic Farr & Gallagher I_.1..P, 787 Seventh Avenue, New York, New York 10019, Attn: Shelley C. Chapman, 1 sq.) within 30 days after service of this notice. All such Claims not filed and served within such time will be forever barred from assertion against the JV Debtors, the Affiliated Debtors, the Reorganized Debtors, the Transferred Joint Venture Entities or such entities' properties. Datcd: New York, New York August 7, 2006 WILLKIF, FARR & GALLAGHER LLP Attorneys for Debtors 787 Seventh Avenue New York, New York 10019 (21.2) 728 -8000 'RECEIVED D FILED -3- 'I - fl 49 PETITIONS T. GOODSON, AGENT, USE 3223 BAILEY -USED CAR SALES, CAR REPAIR (UNIV) (HRG. 9/12) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. I t OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics q� l 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (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 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 petitjgncr— ill inf'orm,said owner, petit . er or his /her agent of the above. Signed.> gent or Owner} rint Name l r" lAone # 7 0 2:i -- Date ° �� 702,-- ATTENTION: PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER 85I -5086 FOR PLANNING BOARD MEETING. ............ ........... . .......... City of Buffalo USE Building Application 6j Niagara Square Buffalo, NY 14202 QC '7111,851-4667 Fax,7161851-5472 1, vo . .... .... .... .... . .. ....... . ....... ---- . ...... - ------- - ----- . ... ..... ....... . Report Date 08/10/2006 04:17 PM Submitted By JAMES CARR Page I . ..... .......... .. ...... ... City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716 )851.4687 Fax (716)851-5472 USE Building Application Report Date 08/10/2006 04;17 PM Submitted By .FAMES CARR Pagee" ri Ay. L.. s � • � f .P ! 3/8 ta� z ml E ryry R - RYEY RE- SURVEY RE- SURVEY HAROLD L. GAN'rzen KRAUSE k GANTzrR w « n : ► S .^ .. CIVIL ENGINB'IrIl11 & LAND SURVEYORS 4IIO MAIN STREIdT owil s •waw►ad. suIPrALO Hx 1 ! 3/8 ta� z ml E ryry R - RYEY RE- SURVEY RE- SURVEY HAROLD L. GAN'rzen KRAUSE k GANTzrR w « n : ► S .^ .. CIVIL ENGINB'IrIl11 & LAND SURVEYORS 4IIO MAIN STREIdT s •waw►ad. suIPrALO Hx 1 M N J. GOETZ, AGENT, USE 244 ALLEN (AKA 242, 244, 246 ALLEN) -SIT IN RESTAURANT (ELL) (HRG. 9112) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. q(t) fl GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics OFFICE OF THE C ITY CLERK � l 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 651 -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 Halt On:,, -� ! U 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. Signed Agent or Owner) Print Name kni' 16' Clbd Phone Date 0( ?kko - - FV" B] ztl 111M NTACT BILL GRILLO.PRINCIPAL P FOR PLANNING BOARD MEETING. �7 I /C 6 *GU E,�� city OQ" tffalo GC Building Application 65 Nr ., rw� S J Buff ltT�J —1 1 02 fl L Y_ VA 1i l 1VL V, IN 1. "L ZJ U 1Y11Y1 1 1 1 - 4 111 Mli V"1, V1 LYl L11 '" LfYlJ1V11 Vl All ✓A i.. Aivsl ✓, ua va.sa..++ -ate � •••�� +� Al "ntho`A§ Masiello, Mayor _ A lan . H. DeL,i sle, m C omm issiouer Processed Issued Final Date I Time By Temp COO COO Expires Date 1 Time By .-- --.... - Val uation - Type of Work # Plans 3 Declared Valuation 60000.00 Dept of Commerce # Pages 1 Calculated Valuation 0.00 Priority �' Auto Reviews Bill Group Actual Valuation 0.00 Sq uare Footage 0.00 Name De±<riptio, of-Work _.....--- ...- - -- - -- ......... . - --------- __ -..._. __.._____ -- _.._....- ._ - - -- - - -.... CONVERT USE - COMMON COUNCIL APPROVAL REQUIRED, SECTION 511 -57 C(3). PUBLIC HEARING REQUIRED. PRESERVATION DISTRICT. CONVERT STOREFRONT AND REAR OF ADJACENT STOREFRONT (ON SAME PARCEL) TO SIT -IN RESTAURANT. PLANS FILED. STATE VARIANCE IN PROGRESS FOR USE OF EXISTING MEZZAN FOR RES TAURAN T SEATING. Parent AIP # Project # ProjectlPhase Name Phase # Size /Area Size Description Address 244 ALLEN 14201 - Location AKA 242 -244 -246 ALLEN Contact 1D AC 1248394 Name JR WALTER J MATT Mailing Address 8 SOLDDERS PLACE City BUFFALO ZIPIPC 14222 Day Phone Fax Occupant N From To Contact 117 AC61619 Name MATT,WALTER J JR Mailing Address 8 SOLDIERS PL City BUFFALO ZIP/PC 14222 Day Phone Fax Occupant N From To Contact ID AC122368 Name ANTHONY C PICCIONE Mailing Address 159 BRYANT ST City BUFFALO ZIPIPC 14222 Day Phone (716)870 -3077 x Fax Occupant N From To Carty Livability A"JMdWCfty Awards Program Organization State /Province NY Country USA [] Foreign Evening Phone Mobile # Owner Y From 12/27/2004 To 12/2812004 Organization State/Province NY Country USA [] Foreign Evening Phone Mobile # Owner Y From 0512812000 To 02/2212005 Organization GREAT LAKES MGT GROUP LLC State/Province NY Country USA [ Foreign Evening Phone Mobile # Owner Y From 1212812004 Ta Office of hermits 301 City Hall =, Buffalo, New York 14202 (716) 851 -4925 FAX (716) 851 -5043 iv4n k�-41 Ciflv ( 1 Detail 1. PRIOR REQUIRED APPROVALS Comments No Comments PRIOR APPROVALS Bflo Arts Commission City Survey (can't) [ ] Arts Comm. Approval n Subdivisions ❑ Special events No Conditions No Employee Entries No Log Entries GC Building Application ing-- Neighborhooa --- H-ou&ing-- and...Busi portunities._ _. SubmitkedBy- -- -DAVID GRUNDY _- ,­:1.. I...".­­, Modified By grand Modified DaterTime 08/30/2008 09:28 Permit Office Common Council City Engineering Q Admin Office /Apts R4 [ ] Curb Cuts [ -] Beauty Parlor R2 [_] Encroachment (,] Canopy /Marquee ROW Oversize Trucking [_) Freestanding Sign ❑ Plumbers' Cuts [ Human Service Facility ❑ Street Cuts ❑ Portable Sign in ROW Q Simple Demolition ® Restricted Use Permit City Planning ❑ Other ❑ Citywide Site Plan ❑ Subdivisions Environmental Review [� Urban Renewal ❑ S.E.Q.R.A. Preservation District L) N.E.P.A, City Survey Address Permit Law Office [_] Development [_] Insurances Check 0 Flood Plain C) Title Held No Conditions No Employee Entries No Log Entries GC Building Application ing-- Neighborhooa --- H-ou&ing-- and...Busi portunities._ _. SubmitkedBy- -- -DAVID GRUNDY _- ,­:1.. I...".­­, Modified By grand Modified DaterTime 08/30/2008 09:28 Permit Office [] Asbestos Abatement ❑ Asbestos Survey ❑ Bond /Certified check [.] Assessment Combination ❑ First Insurances Check ❑ Public Works approval [_] Notarized Permissiont for portable sign one year Lease showing Use [ ] Rodent/Vermin Bait encroachment 0 Sewer/Water Cut [] Sewer Retention Q Simple Demolition [_] Telecommunication Q Simple Plan Approval [] Tree over 4" at 4' Q Zoning /Use Check Q Thruway Sign approval Preservation Board Q Zoning Variance Preservation District [� Contiguous Check Water Department [) New Water Supply [� Water Retention °_" R OA, City Livability Awards O €lice of Permits Program 301 City Hall Buffalo, New York 14202 l " " ds1d14 (716) 851 -4925 FAX (716) 851 -5043 � 1 Cn f of Mayors lyyb PROPERTY: Limited Summary Appraisal Report (October, 2003) Estate of Walter Matt 244 Allen Street, City of Buffalo, New York Survey: j(� A L L. E rl (;; Z:` W IDS ` T" X 'Zo J Iz1 - j �I 0 hI � k V �Ol.lBR6'1"F C' 17 �I 0 hI � k V "ORT►{ !SX't'!S iCtoR WALL. • UT' �: t.(}tl'18.t Rek—eRAk- Tr �N �G�e.> Me�*rr G,174diRSi� 5LrxJ . CI NEST to VAS 4'yS �AC�Y i I ff 0 F ��iof+lC TRI N'f • �R oue pons;wlcr U) [_ o wens L J 0 L) ,, VA Sz - r - =,F Lor &i , 'r: r i , `R. 8 i rY or= 4 c�5uT=r-A l.cD RAY L. SONNENBEIRGF -R LANG SURVEYOR N Y.S. LI C. N0. 038183 SUFFAM M.Y. Il $CALF SHEET rT.' KO. 13 �Ol.lBR6'1"F 0 rZ 4- O U� �> JQ ' o 1*-T FL -Qa4.2 I �. a.o .YtT1i '_0PIyj6 w�vE U� r R URI GK F ` an D a � "ORT►{ !SX't'!S iCtoR WALL. • UT' �: t.(}tl'18.t Rek—eRAk- Tr �N �G�e.> Me�*rr G,174diRSi� 5LrxJ . CI NEST to VAS 4'yS �AC�Y i I ff 0 F ��iof+lC TRI N'f • �R oue pons;wlcr U) [_ o wens L J 0 L) ,, VA Sz - r - =,F Lor &i , 'r: r i , `R. 8 i rY or= 4 c�5uT=r-A l.cD RAY L. SONNENBEIRGF -R LANG SURVEYOR N Y.S. LI C. N0. 038183 SUFFAM M.Y. Il $CALF SHEET rT.' KO. 13 �Ol.lBR6'1"F 1L 4- O I �. a.o .YtT1i '_0PIyj6 w�vE � URI GK a � "ORT►{ !SX't'!S iCtoR WALL. • UT' �: t.(}tl'18.t Rek—eRAk- Tr �N �G�e.> Me�*rr G,174diRSi� 5LrxJ . CI NEST to VAS 4'yS �AC�Y i I ff 0 F ��iof+lC TRI N'f • �R oue pons;wlcr U) [_ o wens L J 0 L) ,, VA Sz - r - =,F Lor &i , 'r: r i , `R. 8 i rY or= 4 c�5uT=r-A l.cD RAY L. SONNENBEIRGF -R LANG SURVEYOR N Y.S. LI C. N0. 038183 SUFFAM M.Y. Il $CALF SHEET rT.' KO. 13 M. SANDERS, AGENT, USE 224 ALLEN -SIT IN RESTAURANT /OUTDOOR PATIO (ELL) (HRG. 9/12) .REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING HOARD AND CORPORATION COUNSEL. "( q2, OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SO LE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics � �s11 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (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 li loor, City Hall On:„„ .� -mot 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. Signed Agen� or Owner) Print Name Phone # / c z& " ��� � Date �(3 t� t' b E 1 "Il I�901 0 PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER, 851 -5086 FOR P - -- CANNING BOARD MEETING. City of Buffalo 65 Niagara Square Buffalo, NY 14202 (710851 -4667 Fax (716)851 -5472 Repori Date 08/29/2006 01:32 PM Page 1 AIP # 96590 Processed Issued Final Date I Time By By Temp COO COO Expires Date 1 Time Associated Inform ___._.___ ________._ _-_.___ Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0,00 Square Footage 0.0 Name I�escriptlon.of..]Ilfark. -------._._.....__._..._......_...--- ----------- ........... COMMON COUNCIL APPROVAL REQUIRED, SECTION 511 -57, FOR RESTRICTED USE PERMIT FOR A RESTAURANT. IN A2 AND 2,5 STORY MASONRY AND FRAME MIXED -USE BUILDING, CONVERT USE ON THE 1 ST FLOOR FROM STORE, LAUNDRY DROP -OFF CENTER AND PARTIAL APARTMENT TO SIT -IN RESTAURANT AND OUTDOOR PATIO. 2ND FLOOR FRONT APARTMENT TO REMAIN, 2ND FLOOR REAR APARTMENT TO BE REDUCED TO BEIN ON 2ND FLOOR ONLY, 1 ST FLOOR PORTION OF APT TO BE PART OF RESTAURANT. PLANS REQUIRED. Parent A/P # Project # Project/Phase Name Phase # Size /Area Size Description Address 224 ALLEN 14201- Location Contact ID AC1258843 Name TOMASELLI MARY Mailing Address City 26 CALIFORNIA ST ZIPIPC 14213 Day Phone Fax Occupant N From To Contact 1D AC61596 Name TOMASELLI MARY Mailing Address 26 CALIFORNIA ST City BUFFALO ZIPIPC 14213 Day Phone (716)884 -8316 x Fax Occupant N From To Organization State /Province BUFFALO NY Country Q Foreign Evening Phone Mobile # Owner Y From 02!2212005 To No Addresses are linked to this Application Organization State/Province NY Country USA 0 Foreign Evening Phone Mobile # Owner Y From 05/28/2000 To 02/22/2005 No Addresses are linked to this Application City of Buffalo 65 Niagara Square Buffalo, NY,14202 (713)851 -4667 Fax (716)851 -5472 N ReporL Date 08/29/2006 01:32 PM Submitted By DAVID GRUNDY 304580 PRES 0 Detail 1. PRIOR REQUIRED APPROVALS Comments ❑ Asbestos Survey No Comments ❑ Bond /Certified check PRIOR APPROVALS First Insurances Check Bfio Arts Commission City Survey (con't) ❑ Arts Comm_ Approval ❑ Subdivisions ❑ Special events ❑ Sewer/Water Cut ❑Sewer Retortion Common Council City Engineering C._) Admin OfficelApts R4 Curb Cuts ❑ Beauty Parlor R2 Encroachment ❑ CanopylMarquee ROW Oversize Trucking ❑Freestanding Sign ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Street Cuts ❑ Portable Sign in ROW Restricted Use Permit City Planning ❑ Other Citywide Site Plan ❑ Water Retention ❑ Subdivisions Environmental Review ❑ Urban Renewal ❑ S.E.Q.R.A. [] N.E.P.A. City Survey ❑ Address Permit Law Office ❑ Development ❑ Insurances Check ❑ Flood Plain ❑ Title Held No Conditions No Employee Entries Modified By grund GC BI. Modified Datefrime 08/29/2006 13:19 Permit Office Asbestos Abatement ❑ Asbestos Survey ❑ Bond /Certified check ❑ Assessment Combination First Insurances Check 0 public Works approval Notarized Permission/ for portable sign one year Lease showing Use ❑ Rodent/Vermin Bait encroachment ❑ Sewer/Water Cut ❑Sewer Retortion ❑ Simple Demolition ❑ Telecommunication ❑ Simple Pian Approval ❑ Tree over 4" at 4' ] ZoninglUse Check Thruway Sign approval Preservation Board Zoning Variance Preservation District ❑ Contiguous Check Water Department ❑ New Water Supply ❑ Water Retention No Log Entries BRIAN FLE5SA 77. 77.S3SG T1 " 7 oa/za/OG 06:00p- P. 00, ALLEN ST. (62') 721 b LO a- w z cr- 30.00 70.00 D. Mika, Agent, Use 1250 Clinton-Ground Sign (Fillmore) (Name of Agent, Owner) (Address) - (Project) (Phone #) (434 -0167) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. �to NAME OF AGENT /OWNER ADDRESS PROJECT q'" (4 -o (, -) ,' THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE RE FERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND TIIE CORPORATION COUNSEL MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD AT 851- 5o8F; TO DETERMINE WEATHER OR NOT YOU NEED PLANNING BOARD APPROVVAI, City of Buffalo 65 Niagara Square Bi.;ffalo, NY .4202 171 51-4667 Fix 17161851 -5472 Report Date 07/27/2006 10:17 AM A/P # 95087 Submitted By JAMES CARR SIGNS Building Application Page 1 an Date /Time By Date / Time By 'rocessed 07/27/2006 09:19 CARRJ Temp COO sued COO inal Ex pires 1Ss0ciaterf...infg.r- matian _,__ --- - -- .. .................. ____.. _- Type of Work # Plans Dept of Commerce # Pages Priority Auto Reviews Bill Group Squa Foot age 0.00 Name Descripti,gn.of Work_ INFORMAL PLANS REQUIRED : CQMMON COUNCIL. APPROVAL REQUIRED "Nr) i GROUND SIGN, 4'X 6 NON ILLUMI TO READ "CLINTO BAILEY COMMUNITY Parent AM # Project # ProjectlPhase Name Size/Area Size Description 1 Address 1250 CLINTON 3 14206 - Location Contact ID AC 1317990 Name C/O ELK PROVISION CO INC ELK PROVISION CO INC € Mailing Address ALBERT KING Organization city 1260 CLINTON ST State/Province BUFFALO NY ZIP /PC 14206 -2822 Country Day Phone Evening Phone Fax Mobile # Phase # U Foreign City of Buffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4667 Fax (716)851 -5472 . .... .................. ...... . . . ...... . ....... . ... Report Date 07/27/2006 10:17 AM Submitted By JAMES CARR Page 3 --l-1-1 ........ .. .... W. Riviernr ACt]Vltl . 16ted . A6t flj".' w4t. Issued C .— MP. �j C►ftJ( diti T oruitti ..pproy f proved By Approved tta :' A y: Apptrel Date Assigned " S R C. orn No Conditions Work Done by Owner Zoning Board of Appeals FLAT FEES Work Without Permit (FINE) NO. TYPE OF SIGN SIZE(S) TOTAL SQ.FT. HEIGHT 0 Pole Sign 0 0 1 Ground Sign 4X6 24 7 0 Wall Sign 0 0 Awning Sign = 0 0 Advertising Sign = 0 0 Projecting Sign = 0 0 Roof Sign = 0 Zoning District'. C2 rr.n ir Ployi'":':�. A Z No Employe E ntri es rsrr on Entered By Start stop Hours No Log Entries . .. ... .... .. . 250 State Road Lockport, New York 74094 Phone (776) 434 -0767 Fox(776)434-0226 *We agree that the content, layout & spelling are correct Clinton Baiie� 7 /26/06 N66ihbor -Briton Bailey Neig „h,bor h A. 5oehmor %F',ot2 J. a Q L IWI-- V1?MZ f_L- I b6 1iS/Z- /z ST 1\ O a I ! ?1 b N • 73� 234aG L //U, PXR4ZZI 3(��lvzz ' sr. �/rYE��+,�' L IWI-- V1?MZ f_L- I b6 1iS/Z- /z ST 1\ O a I ! ?1 b N • 73� 234aG L //U, PXR4ZZI 3(��lvzz ' sr. 0()JLA .� D. Mika, Agent, Use 1437 Clinton - Ground Sign (Fillmore) (Name of Agent, Owner) (Address) - (Project) (Phone #) (434 -0167) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. l;a NAME OF AGENT/OWNE ADDRESS PROJECT 1 4 , 3 qty— b { k. 7 C� THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE REFERRED TO THE COMMITTEE ON LEGISLA'T'ION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD AT 851 -5086 T O DETERMINE WEATHER OR NOT YOU NEED PLANNING BOARD APPROVAL City of Buffalo 65 Niagara 8quaie Lrittaln; NY 14202 3 (718)851 -9667 Fax (716)851 -5472 Repo D ate 07/ AM Submitted By JAME=S CARR A/P # 95089 Appliestldn lotormation Date /Time By date / Time By ocessed 07/27/2006 09:26 CARRJ Temp COO cued COO tal Expi Contact ID AC1318050 Name JILL E LAVOCAT PAUL L;THOMAS Mailing Address Organization City 5468 UPPER MOUNTAIN RD State/Province LOCKPORT NY ZIP /PC 14094 Country Day Phone Evening Phone Fax Mobile # LinkedAddresse .' No Address are lin to this Application A/F t.ink Addresses No Addresses are linked to lhis Application Linikect P sre�ls 7. 12 WP. .inked Parcels No Parcels are linked to this Application [1 Foreign City of Buffalo 65 Niagara SQULre Butiatc, NY 14202 (716)651 -4667 Fax(716)B51 -5472 Report Date 07/27/2006 10:11 AM Submitted By JA MES CARR No Conditions U Work Done by Owner FLAT FEES NO. TYPE OF SIGN 0 Pole Sign 1 Ground Sign 4X6 0 Wall Sign 0 Awning Sign 0 Advertising Sign 0 Projecting Sign 0 Roof Sign Zoning District: M2 No Employee Entries Zoning Board of Appeals (_) Work Without Permit (FINE) SIZE(S) TOTAL SQ.FT. HEIGHT 0 0 24 7 0 0 0 0 0 No Log Entries Lockport, New Phone (716) 434 -0167 Pox (716) 434 -0226 Clinton 5ailey Neighborhood 7/26/06 Q Clinton Bailey Neighborhood A. 5oehmer /Rob ,.,1_ * We agree that the content, layout & spelling are correct k) 6&kc-,' � I Lpto .," CUUTOW (\,qloc) 6Tat� o., % 'T C� I ICES A\TV Ul" C- 0 % cif } - JJ0 00010' D. Mika, Agent, Use 939 Delaware- Ground Sign (Del) (Name of Agent, Owner) (Address) - (Project) (Phone #) (434 -9167) The attached is for Common Council Approval, but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NAME OF AGENT /OWNER ADDRESS PROJECT V3 --- 0 /c _-? ( a ) 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, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD AT 85l_ -508 TO DETERMINE WEATHER OR NOT YOU NEED PLANNING BOARD APPROVAL City of aUff1110 65 Niagara Square [ Buffalo. NY 14202 (716)851 -4667 Fax (716)851 -5472 Report Date 08/01/2006 09:58 AM AfP # 95457 Processed Issued Final soci ated lrormatt Type of Work Dept of Commerce Priority Square Footage Submitted By JAMES CARR _. SIGNS Building Application Date I Time By bate / Time Temp COO COO Expires Page 1 By # Plans 0 f Declared Valuation 0.00 #Pages 0 Calculated Valuation 0.00 Auto Reviews Bill Group Actual Valuation 0.00 0.00 Name L 5' WIDE BY 2.5 HIGH 5.5' OVERALL HT SIGN TO READ "SCHOOLHOUSE APART AND MORE Parent A/P # Project # Project/Phase Name Sizewea Size Description Address 939 DELAWARE 14209 - Location 1E[ .PRESERVATION APPROVAL OF A MULTI -STORY APARTMENT BUILDING. Phase # Contact 10 AC1253799 Name THEODORE FLEMMING Mailing Address 805 WEST FERRY Organization SCHOOL 16 ASSOCIATES city BUFFALO State/Province NY ZIP/PC 14222 Country USA Day Phone (716)$84.0505 x Evening Phone [ Fax Mobile # No Addresses are linked to this Application (� Foreign city of utiffalo 65 Niagara Square Buffalo, NY 14202 (716)€3514667 Fax (716)851 -6472 SIGNS Building Appli Report Date 08/01/2006 09:58 AM Submitted By JAMES CARR Page 3 1 Avery Deep Greer Gerber Dark 5ureur,�y L�p�S Cfi C URB Q. ZZ9 6 "CONCt2ETE CL1F2E3 BASE 'STONE POST 2.6sx2.�s rW EDGE OF WALL OXG NOt iF MAIN 1'k � TAR ivy 85 nzoR7x k � i• 7 RTH 7+r.n 50- TAI INN 'Vt2 ()�'4 Si Lo ( Cv� v Z' sEr T � ?A � w iz' concrz�;� RErni., n.;c w� -4 SUN m � �K 24:9a e �a N A FENCE -{ kjt4 O T 12.' �- Of�RETTi vc � - ' w — At` ti 24,70 8.48 EtA�N��` v�YrtfS t- U L- CZ -lcj. I MAIN RIC."i 00014 M. Hernandez, Agent, Use 549 Niagara St.- Sidewalk Cafe (Ell) (Name of Agent, Owner) (Address) - (Project) (Phone #) (885 -2233) The attached is for Common Council Approval, but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. q� j I ~I �% <- ),3 14� A � "�-1 Q P, ' N, A � �c - z- NAME OF AGENT/OwNEIt , ADDRESS PROTECT 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, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD AT 851- DETERMINE WEATHER OR NOT YOU NEED PLANNING BOARD APPROVAL, City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4667 FaY (716)851 -5472 Report Crate 08/04/2006 12:07 PM QUTDORCAFE Building Application Submitted By DAVID GRUNDY Page 1 A/P # 95579 Gate / Time Processed 08/04/2006 11:51 Issued Final By GRUND Temp COO COO Expires Date / Time By Assmiated_infe Name MELENDEZ JORGE L Mailing Address _ Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group Actual Valuation 0.00 Name MELENDEZ JORGE L S quare Foota 0.00 game City BUFFALO Description of V11[ Day Phone COMMON COUNCIL APPROVAL REQUIRED NO PUBLIC HEARING REQUIRED. PLACE AN OUTDOOR CAFE= TO THE FRONT OF AN EXISTING SIT - €N Occupant N From RESTAURANT ON THE CITY RIGHT -OF -WAY DRAWING ATTACHED. Parent A!P # Project # ProjectlPhase Name Phase # Size /Area Size Description Address 549 NIAGARA 14201- Location Contact ID AC1248086 Name MELENDEZ JORGE L Mailing Address City 549 NIAGARA ST ZIP/PC 14201 Day Phone Fax Occupant N From To Contact ID AC50697 Name MELENDEZ JORGE L Mailing Address 549 NIAGARA ST City BUFFALO ZIP/PC 14201 Day Phone Fax Occupant N From To No Addresses are linked to this Application No Addresses are linked to this Application 0998300006024000 Organ €nation State/Province BUFFALO NY Country ❑ Foreign Evening Phone Mobile # Owner Y From 02/22/2005 To Organization StatelProvince NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 06/28/2000 To 02/22/2005 No Bartels are linked to this Application rity of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851-4667 Fax(716)851 -5472 OUTDORCAFE Building Application Report Date 08104/200612:07 PM Submitted By DAVID GRUNDY Page 3 1 OFFICE OF LICENSES 3.13 CITY HAIL BUFFALO, NY 14202 Phone # (716) 851 -4078 - Fax # (7I6) 851 -4952 SIDEWALK CAFE APPLICATION Date 04.r' - - -- 20 Applicant Name -DB /A Location of Business Street Business Phone ' _ nw a Zip Cadc,� f Ir r° 1 Home Phone Dimensions of Cafe Number of Tables - Number of Chairs Briefly describe in what manner the Cafe boundaries will be installed (i .e. wooden deck with railings, wrought iron railings, flower boxes with rope attached). Note: The Cafe may not be permanently affixed to the Main Building or Public Sidewalk. Below please provide a drawing of the proposed Cafe showing the existing building, the area to be occupied by said Cafe, and the area of public sidewalk remaining for pedestrian. passage (use reverse side if more space is needed). N ote: - A minimum of four feet of uninterrupted public sidewalk MUST exist after installaii of Cafe t WA ..� Yea Q er of Building Signature if differe than applicant Applicant Signature FIVE COPIES OF YOUR SURVEY MUST BE INCLUDED WITH APPLICATION swcappl LLciF *1 H DT[: THIS SLI;?vF:Y N.•s ; P�EPAHF.D v /lT!{HHT THE DEHEFIT OF AN AH �Tfi ACT OF TITLE �.Vn IS CIF, f E ^.T 7f? ANY `ui T F. or e;,�; rs THAT MAY Ht REVEALED HY AN EXAMINATION 6F sem E. Go,a� , �- � T ire � /•�p..� � A.4V7. 6.25E TDC.dA' 2. S2..JViV . 0.77AIW. rye �� a.4 /sue. �Q i a- - ' 4 Ile. O - riirv' QfJ �. . G [\ lt 2JGa(fl.1. N W f�fnn } "I Z i wrp Ki4tf iCiHt+7 s. tmB003EG 711T'H NEW V011K 'rAT[ LrCE"Fo LAND Altering enY Item on this n1Hp Is in violavon ill `. ( :i Y:AL Nfl, �F.7?.O (1{ t11' ItS:'1, C�= L'•, �, uS I`I'4VIGEC] t'Pt i ..) 0, thi 3` pw yorl( Slab EFIHLT tiz)n L.L'.Y. RE- SURVEY,/rr4_-.,'2_�l,-� RE-SURVEY RE- SURVEY s iay / 990 HAROLD L. GANTZER KRAUSE & GND SURVEYORS . e .- ...+ •+ n m n �o a 0 .- � C1YIL ENGIN &LAND ��Q NGEN . , . . . ................. ....... ........... .... .. .....,.....,.......,.........,. £nTY BANK SLOG. . . , ..... tH2 p w n n i a h m P p �4 ""``"" - III SIQMb1Y " S Ld B 120 MAIN /TALCf BIf FFALO.N.Y. 1A ZD2 IWO- MOYV: TH IS rl: Fp4pr0 VIIVO T JIM 'NO if"" or 4 , ;T, ,y [ I' fjlA 3 V 75 A4'd 44- :3,7�' 0 .Z--- U00a M. Ward, Agent, Use 2677 Delaware -P"k Sign (Del) (Name of Agent, Owner) (Address) - (Project) (Phone #) (566 -3508) The attached is for Common Council Approval; but per Permits, no Public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NAME OF AGEN'I� /OWNER .ADDRESS PROJECT (SLR -- 36 P 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, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD AT 851 O DETERMINE WEATHER OR NOT YOU NEED PLANNING BOARD APPROVA City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)M51 -4667 Fax (716)851 -5472 Deport Date 08/30/2006 01:25 PM Sub mitted By DAVID} KR SIGNS Building Application Page 1 AP # 93730 Date f Time Processed 06122!200610:15 Issued Final By CARRJ Temp COO COD Expires Date 1 Time By Associated.Information--, ___ . . ............_......__..._.. -_ ------ .--- ____.__.._-- .._.__. Valuatio - - - - -- - - -- Type of Work # Plans 0 Declared Valuation 11000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group Actual Valuation 0.00 Sq uare Footage 0.0 Name 1?��rip#ipn.4f.3�lQrk�_� -_ -___- " PLANS REQUIRED "`CC APPROVAL R.EQUIREQ SECTION 387 1H, F.OR.A GROUND SIGN IN A C-2 DISTRICT NO PUBLIC HEARING REQUIRED; -Y SIGN TO BE 6'X 6 5 WITH A CHANGEABLE COPY SIGN OVERALL HEI TO BE 11' -6 "' SIGN TO READ 'BUDGE ANC! MORE. PLANS REQ Parent AIP # Project # Project/Phase Name Phase # SizelArea Size Description Address 2677 DELAWARE= 14216- Location Contact ID AC 1212004 Name ROGER TUNMORE TUNMORE OLDSMOBILE INC. Mailing Address 2677 DELAWARE Organization City BUFFALO State /Province NY ZIPIPC 14216-1131 Country USA Day Phone (716)877 -1500 x Evening Phone Fax Mobile # No Addresses are linked to this Application No Addresses are linked to this Application 0783900007005100 Q Foreign No Parcels are linked to this Application City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)81 -4667 Fax(716)851 -5472 Report Date 08/30/2006 0 1:25 PM Submitted By DAVID KRUG SIGNS Building Application 1 Page 3 304742 CC APP 0 288672 PLAN REV 0 288671 CC APP 2 NOWAC No Activity Review Details No Conditions H Work Done by Owner FIAT FEES NO. TYPE OF SIGN 0 Pole Sign 1 Ground Sign 6 X 6.5 0 Walt Sign 0 Awning Sign 0 Advertising Sign 0 Projecting Sign 0 Roof Sign Zoning District: C2 No Employee Entries N N N Q Zoning Board of Appeals ❑ Work Without Permit (FINE) SIZE(S) 08/04/2006 00:00 01310412006 00:00 TOTAL SQ.FT. HEIGHT = 0 0 = 39 '11 0 0 = 0 0 0 No Log Entries I y s RE-SURVEY RE-SURVEY HAROLD L. GANTZER --�e-v - KRAUSE&GANTZER 72Q3. Pert 2 of sna PILLA E 1W. . ' DA5,&-. , 32 Q A�x -lK y s RE-SURVEY RE-SURVEY HAROLD L. GANTZER --�e-v - KRAUSE&GANTZER 72Q3. Pert 2 of sna PILLA E 1W. . Av�-XIV-c 5 A�x -lK Al w &Z �Ilw �` � W i nN�'t — fi, Av�-XIV-c 5 ti �` � W i nN�'t — fi, ti �� �, �1� C3) .. �i.� � e J. Camacho, Agent, Use 3160 Main St.- Enclosed Outdoor Patio (Univ) (Name of Agent, Owner) (Address) - (Project) (Phone #) (340 -4620) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. o NAME OF GF.,NT/ WNER ADDRESS PROJECT �cj c ) THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL NO PUBLIC HEARING IS REQUIRE,D AS DETERMINED BY THE PERMIT OFFICE REFERRED TO THE COMMITTEE., ON LEGISLATION, THE CITY PLANNING 130ARD AND THE CORPORATION COUNSEL MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD AT 851- DETERMINE WEATHER OR NOT YOU NEED PLANNING BOARD APPROVAL r _� ...._... T. City of Buffalo OUTDORCAFE Building Application 65 Niagara Square " Buffal -D, NY 14202 (716')851 -4667 Fax (716)851 -5472 y Repo Date 08/29/2006 01:37 PM T^ Submitted By DA VID KRUG Page 1 A1P # 96589 Date / Time By Date I Time By Processed 08/29/2006 13:16 DIGEF Temp COO Issued COO Final Expires Declared Valuation 200.00 Calculated Valuation 0.00 Actual Valuation 0.00 Comm N COUNCIL APPROVAL REQ. (ENCROACHMENT ON CITY R.O.W.) NO PUBLIC HEARING REQ. INSTALL AN OUTDOOR PATIO 8'X28' ONTO THE R.O.W. IN THE FRONT OF AN EXISTING TAVERN ENCLOSED BY A 3' HIGH WROUGHT IRON RAILING AS PER ATTACHED(OLE) SKETCHE=S AND SURVEY. Parent AIP # Project # Project/Phase Name Phase # SizelArea Size Description Address 3160 MAIN 14214- Location Contact ID AC22259 Mailing Address 3080 MAIN ST City BUFFALO ZIPIPC 14214 Day Phone Fax Occupant N From Contact ID AC1219702 Mailing Address City 3080 MAIN ST ZIP /PC 14214 Day Phone (716)836 -6600 x Fax Occupant N From Name JR MICHAEL & NANCY MIRANDA Organization State /Province NY Country USA Foreign Evening Phone Mobile # To Owner Y From 05/28/2000 To 02/22/2005 Name NANCY J MIRANDA MICHAEL V JR & Organization Statelprovince BUFFALO NY Country Foreign Evening Phone Mobile # To Owner Y From 02/2212005 To No Addresses are linked to this Application No Addresses are linked to this Application 0795400004038000 No Parcels are linked to this Application — ---. _ .. --- - City of Buffalo OUTDORCAFE Building Application 65 Niagara Square Buffalu, NY 14202 (716)857 -4667 Fax (716)851 -5472 ) Report Date 08/29/2006 0 1;37 PM Su bmitte d By DAVID KRUG Page 3 PRIOR APPROVALS Bflo Arts Commission ❑ Arts Comm. Approval ❑ Special events City Engineering ❑ Curb Cuts ® Encroachment ❑ Oversize Trucking ❑ Plumbers' Cuts [.] Street Cuts City Planning ❑ Citywide Site Plan ❑ Subdivisions ❑ Urban Renewal City Survey (con't) ❑ Subdivisions Common Council ❑ Admin OfficelApts R4 ❑ Beauty Parlor R2 ❑ CanopylMarquee ROW () Freestanding Sign (.] Human Service Facility ❑ Portable Sign in ROW ❑ Restricted Use Permit ❑ Other Environmental Review [.) S- E.0.R.A. ❑ N.E.P.A. Permit Office ❑ Asbestos Survey [ ,) Bond/Certified check [) First insurances Check ❑ Notarized Permission/ Lease showing Use RodenttVermin Bait ] Sewer/Water Cut ❑ Simple Demolition ❑ Simple Plan Approval ❑ Zoning /Use Check Preservation Board ❑ Preservation District Contiguous Check Asbestos Abatement ❑ Assessment Combination [,] Public Works approval for portable sign one year encroachment ❑ Sewer Retention ❑ Telecommunication ❑ Tree over 4" at 4' ❑ Thruway Sign approval ❑ Zoning Variance City Survey ❑ Address Permit ❑ Development ❑ Flood Plain No Conditions Law Office ❑ Insurances Check ❑ Title Hetd Water Department ❑ New Water Supply ❑ Water Retention Business Q.B.A. ROOM 101 Length 2 $. 0 Width 8 -0 Location of Patio: 0 Front ❑ Left Side ❑ Right Side U Rear Total Area 2244 sq. ft. If There Is A Raised Deck Deck Height above grade ft. Does the Patio have its own exiting? (Required) Yes (Y� 1 step - No handrails required, no guardrails required. is this required exiting adequate for the patio area - 9 Yes ❑ 2 steps or more - Handrails required each side of stairs; Does the patio involve or affect required exiting from the building Yes no guardrails required until deck is 30" or more in height. Width of public sidewalkslwalkways remaining for pedestrian passag� ft. ❑ Deck 30" or more in height - t of patio boundaries: Handrails and guardrails required. WROUGHT IRON RAILING Tread width (= Exit Width) in. Number of Tables: 3 Number of Chairs: 12 No E=mployee Entries NOM TWS SURVEY WAS PREPARED 9ATHOOT THE BENEFIT OF AN ABSTRACT OF TITLE AND 19 SUBJECT TO ANY STATE OF FACIS THAT MAY BE REVEALED BY AN EXAMINATION OF SUCH. 'S.4. - .3 9a ° 6'v G HG S XY 1 I / du LOi ✓G o /G. C1.4N� I 4 d r �a 4 W tin ^ I �J O /SSE. MAIN 99' e.o.1�.� STREET Zo PART OF L L_ S T �/ ft OF THE fi�G19.Vd Z9Mb (oislo.9�✓ VILLAGE OF ; CITY/flO t{ OF - 8�1F AL0 COUNTY OF `� STATE OF NEW YORK NOTE: UNAUTHORIZED ALTERATION OR AOD1110H TO ANY _ PLAN OR SURVEY, D DESIGN, S A770N S VIOL OF SECTION 720 SI REPORT IS ViDl,�CRON 7204, PRPROVISION 2 REPO OF THE NEW YORK STATE EOUCAT7ON LAW. TVGA ENGINEERING, SURVEYING, P.C. RFMSION ENGINEERS • SURVEYORS • PHOTOCRAMMETRISTS 70 LINWOOD AVEUE, P.O. BOX 718 TEL(716) 662 -9366 DATE JOB DESCRIPTION ORCHARD PARK, N.Y. 14127 -0718 FAX (716) 662 -7689 l � DRAM CHECKED SCALE JOB NO. DATE SBL Nn. 79 5¢ ht'_38 BOOK 3 PAGE MAP. �J IV q 2 1 -� °A, -4-1 r-all w Tlere� V / NOTr: DIIS SURVEY WAS PREPARED M lhw l kkst ULM— . — ABSTRACT T OF TITLE ANO 15 SUBJECT TO ANY STAT€ OF FACTS HAT MAY BE REVEALED BY AN EXAMINATION OF 5UCN. n o 2 (� I I F. F7 � l "- 3 " ✓. rr. J � ♦ t V .. j � A.' • 3 "iY � N 1. 9'"i! a✓ � l I 3 rw7 2 n � w sue. i �a r i o O z �j , :t Common Council - Cit of Buffalo ANTOINE M. THOMPSON MASTEN DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1316A BUFFALO, NY 14202 -3318 PHONE; 851 -5145 • FAX: 851 -5443 E-mail; athompson0city- buffalo.com Website: http: / /www,city- buffato.com August 9, 2006 Mr. Gerald Chwalinski City Clerk Ran. 1308 City Hail Buffalo, NY 14202 y h U" " -$- t f 1• AJ..NfiTT t �j .Re: Deerfield & Fernhill Stop Sign Request Dear Mr. Chwalinski: =t 1 5 LEGISLATIVE ASSISTANTS MARK J. BOYD SCOTT J. STEINWALD COM MI11E IS C LAIMS COMMUNITY DEVELOPMENT JOINT SCHOOLS CONSTRUCTION BOARD CHAIRMAN EDUCATION MINORITY BUSINESS ENTERPRISE Please file the attached documents for the nett Common Council Meeting for September S, 2006. Sincere , Antoine M. Thompson Masten District Councilmember REFERRED TO THE COMMITTEE ON LEGISLATION � c o f pt� b P I "Making Things Happen, Getting Things Done" q J We the undersigned, of the Fernhill Block Club, are hereby requesting a stop sign to be placed on Deerfield Avenue at the intersection of Fernhill Avenue: DATE NAME ADDRESS PHONE f 0 i F IJ. 0.9-N 61(N Q Al� N � /P f �. L l ilk ' 7 11 H Y We the undersigned, of the Fernhill Block Club, are hereby requesting a stop sign to be placed on Deer#ield Avenue at the intersection of Fernhill Avenue: ___ (v f V �. N I I 4 WMAM VA Kf WMAM ff� _ mi RAM Film _ NNW ___ (v f V ALLENTOWN ASSOCIATION 40+ Fears of Community Service August S, 2006 Mayor .Byron W. Brown The Common Council Corporation Counsel Alisa A_ Lukasiewicz Assembly Member Sate Hoyt State Senator Marc A. Coppola The Public Service Commission Mr. Julian Adams, State Historic Preservation Office ,Sirs, Mesdames: The attached petition bearing more than 200 signatures has been circulated by the Allentown Association since May 25, 2006, to try to resolve the stalemate with National Fuel Gas Corp. over placement of outside gas ureters in historic preservation districts. The Allentown Association and the city Preservation Board have been working for six years to prevent and combat the proliferation of meters in front of homes. At the request of Judge Henry J. Nowak of Buffalo City Court's Housing Section, Association representatives tried to negotiate a compromise agreement with National Fuel Gas. The gas company rejected our proposal that if it found it necessary to install meters in front of properties in preservation districts, the company would pay for evergreen shrubbery to screen the meters. It is our hope that public officials will take action to ensure that provisions of the law regarding exterior changes at historic sites are respected and enforced. Sincerely, ' I REFERRED TO THE COMMITTEE N LEGISLATION. Gret an. Grobe, presid 7 t Paul Carroll, member, Board of Directors 14 Allen Street Buffalo, NY 14202 p 716/881.1024 f 716/882.5332 www.allentewn org o' PETITION We the undersigned petition the City of Buffalo and other public entities of the State of New York to take immediate and vigorous action to prevent installation of exterior gas meters in historic preservation districts, including; but not limited to Allentown and Hamlin Parr historic preservation districts, and at any registered landmark without permission of the city Preservation Board. The city code, under provisions of state law, authorizes the Preservation Board to approve or deny proposals for such installations. If this provision appears in conflict with any regulation of any state commission, we seep judicial or legislative action to establish the preeminence of the authority of the Preservation Board under the law. Si 1 2 ��. Name in block letters 3 . 1��' L- �•, l- ki i f f � � addr i �0 C E-- � X b g ._( i � t 10 11 12 13 14 15 17 Ev Lj r?, T o 1 L L� bifo PETITION We the undersigned petition the City of Buffalo and other public entities of the State of New York to take immediate and vigorous action to prevent installation of exterior gas meters in historic preservation districts, including but not Iimited to AIlentown and Hamlin Park historic preservation districts, and at any registered landmark without permission of the city Preservation Board. The city code, under provisions of state law, authorizes the Preservation Board to approve or deny proposals for such installations. If this provision appears in conflict with any regulation of any state commission, we seek judicial or legislative action to establish the preeminence of the authority of the Preservation Board under the law. S' nature Name in blocklqtqs address 2 r� r t� 1 , r 1 yN N N� �s A l e P (j') &c}t'n'1 f Y� 0f r . A l t� trip• + 'v 4 [ 4 i� q 12 13 � �.• 1.4 15 f , - 16 I f�- 7, \ f PETITION We the undersigned petition the City of Buffalo and other public entities of the State of New York to take immediate and vigorous action to prevent installation of exterior gas meters in historic preservation districts, including but not limited to Allentown and Hamlin Park historic preservation districts, and at any registered landmark without permission of the city Preservation Board. The city code, under provisions of state law, authorizes the Preservation Board to approve or dony proposals for such installations. If this provision appears in conflict with any regulation of any state commission, we seek judicial or legislative action to establish the preeminence of the authority of the Preservation Board under the law. Sigmature Name in block letters address (��� �t� n �� S 6 ' 1 : C� n:� �� y � f 7 t. lu. 1 if Po i C vZ Ck 1 jj l p i't V 1 i D ), 10 f ell X _Ai� IM V-0 1.3 u f ( ofov r�ru 1Uy111�2 14 /q;;10 15 16 61 Fl PETITION We the undersigned petition the City of Buffalo and other public entities of the State of New York to take immediate and vigorous action to prevent installation of exterior gas meters in historic preservation districts, including but not limited to Allentown and Harlin Park historic preservation districts, and at any registered landmark without permission of the city Preservation Board. The city code, under provisions of state law, authorizes the Preservation Board to approve or deny proposals for such installations, If this provision appears in conflict with any regulation of any state commission, we seek judicial or legislative action to establish the preeminence of the authority of the Preservation Board under the law. Signature Name in block letter address '!"'Y AJA�6 Qr' A f ,r 2 f' - � A - ' � j r�l f� c� [�''�1 �`�� L � �� _� I�'I � (fi in �' � 4 � A\f C\)rA - 6 -� � I Nl �� � t 12(�- 17 7 PETITION We the undersitmed petition the City of Buffalo and other public entities of the State of New York to take immediate and vigorous action to prevent installation of exterior gas meters in historic preservation districts, including but not limited to Allentown and Hamlin Park historic preservation districts, and at any registered landmark without permission of the city Preservation Board. The city code, under provisions of state law, authorizes the Preservation Board to approve or deny proposals for such installations. If this provision appears in conflict with any regulation of any state commission, we seek judicial or legislative action to establish the preeminence of the authority of the Preservation Board under the law. Stgnature j 3� F G' -1 1 Name in block letters A LIB � 4Z - r � ' �S , - �- e- ' 9 VV 14 11 12 13 14 15 16 17 address . 7X'''� N 7 � il f pit fl"46 z Bo' ', L c� - cx CX 1' r e v ' yvu"" Na� (r4x �. �1 . to i i ('L' I �� i �.! �v►'� l r� f . 0 l 1OCL L � r roL-1-4 , 4 Cry') PETITION We the undersigned petition the City of Buffalo and other public entities of the State of New York to take immediate and vigorous action to prevent installation of exterior gas meters in historic preservation districts, including but not limited to Allentown and Hamlin Park historic preservation districts, and at any registered landmark without permission of the city Preservation Board. The city code, under provisions of state law, authorizes the Preservation Board to approve or deny proposals for such installations. if this provision appears in conflict with any regulation of any state commission, we seek judicial or legislative action to establish the preeminence of the authority of the Preservation Board under the law. Sig ufe Name in block letters address C 001 2 ;I1! ( �� .. : f f ( -e <) c)r, ��6 L " Lel 1 Rm -: 1.4 ;F vl,.� , ' k, 15 !-' /V �� 1 fI � � � `� A PETITION We the undersigned petition the City of Buffalo and other public entities of the State of New York to take immediate and vigorous action to prevent installation of exterior gas n - teters in historic preservation districts, including but not limited to Allentown and Hamlin Park historic preservation districts, and at any registered landmark without permission of the city Preservation Board. The city code, under provisions of state law, authorizes the Preservation Board to approve or deny proposals for such installations. if this provision appears in conflict with any regulation of any state commission, we seek judicial or legislative action to establish the preeminence of the authority of the Preservation Board under the law. Signature Name in block letters 3 ,a �JcSs 0v try/ Aiv — k&/ fe l ] I 9 addressf / L xl 0, /0 1 1 0 i C4\ ' .mss �� �'�� -. � �; � t���G ?u•.�Slx v`-j�, (colt a:v� �� �-9��c " - ' ��,�. ' 13 (�?(L 14 �-4s 15 1.6 1 �J �l Al Dq PETITION We the undersigned petition the City of Buffalo and other public entities of the State of New York to take immediate and vigorous action to prevent installation of exterior gas meters in historic preservation districts, including but not limited to Allentown and Hamlin Park historic preservation districts, and at any registered landmark without permission of the city Preservation Board. The city code, under provisions of state law, authorizes the Preservation Board to approve or deny proposals for such installations. If this provision appears in conflict with any regulation of any state commission, we seek judicial or legislative action to establish the preeminence of the authority of the Preservation Board under the law. Si at re Name in block letters address tla-4y 2 pry A 3 4 5 7 -4-1 qe' 1V C ( k�/'Vmn _ ��,., }` ��. ;� �..•u 1,+J 1�`t' �z - C. �; ;J f - j f, "t� c �� �s?- J C,-C �! '�`r'�` =' � f I . � � "I 1 /'��f. / � 17 9 V 0 cl- Z - D , I Xt 12 vc 11 'a-44 ,1 �Pllu /Illy N k ot"C'4 13 1. 4 15 ( ZZ"-�'A"J 16 V, k 17 V) PETITION We the undersigned petition the City of Buffalo and other public entities of the State of New York to take immediate and vigorous action to prevent installation of exterior gas meters in historic preservation districts, including but not limited to Allentown and Hamlin. Park historic preservation districts, and at any registered landmark without permission of the city Preservation Board. The city code, under provisions of state law, authorizes the Preservation Board to approve or deny proposals for such installations. If this provision appears in conflict with any regulation of any state commission, we seek judicial or legislative action to establish the preeminence of the authority of the Preservation Board under the law. Name in block letters acw c ss Signature co i f 4 ilt O q -beer �' C�� LA l II" ;J / Z Z "iv" h, 9 10 Z ✓tom PC � L r SfLr�� zv _ 12 r 1 14 "c C Y�C�r t ! � l Y, Cam ��: x G f'i lei L'Xf1'�' ` + 1.7 PETITION We the undersigned petition the City of Buffalo and other public entities of the State of New York to take immediate and vigorous action to prevent installation of exterior gas meters in historic preservation districts, including but not limited to Allentown and Hamlin Park historic preservation districts, and at any registered landmark without permission of the city Preservation Board. The city code, under provisions of state law, authorizes the Preservation Board to approve or deny proposals for such installations. ff this provision appears in conflict with any regulation of any state commission, we seek judicial or legislative action to establish the preeminence of the authority of the Preservation Board under the law. Signature Name in block letters address 'J All 4 S f{ r � ii / f lr f FBI' �� S 1 ' L•'V .L f /�;7 J ,� ) 6 L v1 t CkE S, :.. 9 _ 1 � � � �';r, 9a� v - - off �'t L.%I��'c' � -���- � �,�. 12 S t �) ,.,) ts? •77` 3r' (r%C tG <r� -� 13 14 15 2 17 . PETITION 11 12 13 14 15 We the undersigned petition the City of Buffalo and other public entities of the State of New York to take immediate and vigorous action to prevent installation of exterior gas meters in historic preservation districts, including but not limited to Allentown and Hamlin Park historic preservation districts, and at any registered landmark without permission of the city Preservation Board. The city code, under provisions of state late, authorizes the Preservation Board to approve or deny proposals for such installations. If this provision appears in conflict with any regulation of any state commission, we seek judicial or legislative action to establish the preeminence of the authority of the Preservation Board under the law. Sianature 3 _.... 4 .5 5 f 7 8 9 � e 7 r- L--[p ` l 5�. s Name in block letters Jam 0� cEc'2 41 vt , 6 L -o V--<— W 11- L(Aa'-- La Pw c1l"' Q, M A� O'V l 17 address � kfo �!a yS l�z` Jz C u �tfa,R.I3'Nu 1'20 33 Da 1+ I �- 4V7 v PETITION 'C) u sr tl We the undersigned petition the City of Buffalo and other public entities of the State of New York to take immediate and vigorous action to prevent installation of exterior gas meters in historic preservation districts, including but not limited to Allentown and Hamlin Park historic preservation districts, and at any registered landmark without permission of the city Preservation Board. The city code, under provisions of state law, authorizes the Preservation Board to approve or deny proposals for such installations. If this provision appears in conflict with any regulation of any state commission, we seek judicial or legislative action to establish the preeminence of the authority of the Preservation Board under the law. V l� in blo letters "-; � f, P " � " S C -�' IL e- v (n 1 , 6 % �— -- 7 ►0 9 N �- � l " 4 to if k4 % 1 j t4 eeaT 1p, fAW4 (2 11 J 12 �r 13 addrf i_ st -0. C j d)-���� 1 {i, 14 t 1.6 3 . <: =i cc v xv1 t �� 1 Li 17 so RESOLUTIONS RESOLUTION RE: Burchfield- Penney Art Center Project Sponsor: Mr, Bonifacio Whereas, A new 75,000 square foot Burchfield Penny Art Center occupying 4.9 acres is being constructed at the corner of Elmwood Avenue and Rockwell Road; and Whereas, The two -story building, is scheduled to be completed in spring of 2008, and will have a major presence on Elmwood Avenue in the heart of Buffalo's Museum District; and Whereas, The Art Center is being constructed on land originally owned by the City of Buffalo that was transferred to the State of New York in the 1870's; and Whereas, The original deed from the City states that the property shall only be used for an Insane Asylum and provides the City with reversionary rights in the event the land stops being used as an Insane Asylum; and Whereas, In order for this important project to proceed it is necessary to address the reversionary right held by the City; and Now Therefore Be It Resolved. That the Common Council hereby directs the Department of Real Estate and the Corporation Counsel to prepare and file with the Common Council, the necessary legal documents to release the reversionary right held by the City of Buffalo in the land where the Burchfield- Penney Art Center is being construc ol, Dominic J. onifaci , Jr. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, (P f I CC.. b ( � JI 0 By: Mr. Bonifacio Re: Ordinance Amendment Chapter 168, Environmental Review The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 168 of the Code of the City of Buffalo be amended to read as follows: § 168 -7. Establishment of lead agency. A. Automatic designation of lead agency. For Type 1 and Unlisted actions ts Or directly undertaken by the city or Type and involved, the lead agency shall automatically approval when more than one city agency be: (1) The City of Buffalo Planning Board for the following actions [except as provided for in Subsection A(7) of this section]: ( Subdivision developments. (b) Site plan review. ( Landfills. (d) Transit station site plan review. (2) The City of Buffalo Common Council for the following actions [except as provided f in Subsection A(7) of this section]: ( Adoption of, and amendments to, the Charter and Code of the city. (b) Establishment of, and amendments to, urban renewal plans. (c) Establishment of, and amendments to, City Master Plans. (d) Actions undertaken wholly or partially within, or contiguous to, Coastal Special Review Districts (as per Chapter 511 of the Code of the city). ( Amendment or change in land use and development of ordinances and regulations. (f) Planned developments. (g) Cluster developments. (h) Official Street Map amendments. (i) Purchase, sale or lease of city -owned property. (3) The Buffalo Preservation Board for the following actions [except as provided for in Subsection A(7) of this section]: _1 ( Actions occurring only within locally d require t a ertif�cat districts, riots, or affecting individual local landmarks and sites, a ropriateness, or other approval as per Chapter 337, and which involve any of the p p following: � }" The exterior restoration, renovation or reconstruction of buildings. [2� The construction of exterior building additions. [31 Exterior building demolitions. [4] Construction of new buildings, structures or other facilities and site improvements. (4) The Departmcnt of Community Development for the following actions [except as provided for in Subsection A(7) of this section] ( Issuance of building and demolition permits [except as provided for in Subsection A(3) of this section }. (b) issuance of licenses. ( Capital budget actions undertaken, or requiring approval, by the Department of Community Development. 5 The Department of Public Works for the following actions [except as provided in Subsection A(3) and (7) of this section]: ( Construction of city - owned buildings and facilities. b) Renovation, restoration, rehabilitation, alterations of city -owned buildings, facilities and other property. f existing or installation of new streetlights, ( Renovation and expansion o water lines and street furniture. (d) Construction or reconstruction of roads, curbs and sidewalks. (e) Construction, rehabilitation or expansion of parks and park facilities. (� Actions occurring within local hiso wholly or partially w�thin, or landmarks so designated under Chapter 337, occurring li hi substantially contiguous to, any storic buildingl or that listed d the sted or nom on nominated to the National Register of Historic P aces Register of Historic Places, A( of this s coonBoard does not have provided that the Buffalo g jurisdiction udder Chapter 337 and Subsection Authority for the following actions: (6) The Buffalo Municipal Housing 2 ( All public housing programs under Title I of the United States Housing N t of 1937 in accordance with Section 26 (42 U.S.C. § 1`137x) (including mutual help programs). the ublic housing agency under Section Vlll of the United (b) Assistance by P except for assistance under 24 Cp'R Part $86 as per Section States Housing Act of 1937 26 (42 U.S.C. § 1437x). (7) The Buffalo Urban Renewal Agency for the following actions: ( Actions involving . funding by the United States Department of Housing and Urban 17evetoprrlent (HUD) except as provided for in Subsection A(6) of this ose rants section and except for HUD special pure g B. Where there is no automatic designati atic desi t nation u this ter -w n +l ,,Q,- P.nfitles Wlt�1 r 5 t0 aL1tOTTl -- + 4— +k;c , h it1fE r- tt or w hen multi le entitles Jjja � °�' " �� - shall be followed. procedures as set forth in G NYCRR 617.6 (b) it is hereby certified pursuant to Section 3 -19 ordnanced of is necessary. Buffalo, that the immediate passage of the foregoing P,F,FEaRE0 TO THE COMMITTEE ON LEG APplZ()VLI) AS TO FORM Corporation ounsel NOTE: Matter underlined is new, matter in brackets is to be deleted. AALTJS:rmv T:1,,vp6olmswordlpjslord- amend -1 G8- environmental- review By: Mr. Davis 0001.1. Re: Ordinance Amendment Chapter 372, Bouncer Law The Common Council of the City of Buffalo does hereby ordain as follows: That the Code of the City of Buffalo be amended to add a new Chapter 372 to read as follows: 372 -1, Boun cer Re fib This C shall be known and ma be cited as the "Bouncer Law of 20 06." "Bouncer" paeans any empl ee whose rind le duties are enae_d_in providin tection andl securit of an remises wherein al coholic bevera�es_are sold for c ons umion on s aid remises or a remises o crated for rofit or pecuniary rain or as a pl ace of as sembl y wh ere alcoholi bevcrages are provi by th ope of th premis "Principle Duties' r more of an employee's duties on a work - d 372 -2 A licabilit and Prohibited Conduct § 372 -3, A lieation and Re uirements for a Bouncer Re istration C ard Application for a Bouncer Registration Card shall be made to the Cit y Clerk b the individual, i n writing, duly sworn to upon forms to be furnished by the City Clerk and shall show the individuals name address, telephone number, the_ b usiness names) and addresses where the individual provides his or h er services and an other information as ma be z easonabl re uired b the Cit Clerk. The a licant shall be res onsible for keeping all information rovided on said forms both ac curate and current and a datin this information as ma robe necessary and practical. X372 -4, Background Investigation All app lications for a Clerk to the Commissioner of Police, who shall_ rorrz tl cause an investi ation to be made into the crizniz�al back round and moral character of the a licant. The Commissioner of Police shall investigatq_and report such fi rk as to w or not approval and issuance of t he Bouncer Re istrati Card is In addition, no establishme shall employ a bouncer who does not obtain and dijpIay a recomm ended. If a royal is not r€ coirtmendcd. such report shall state the reasons 1 therefor. X372 Issuance and Denial of a Registration Card A. Upon receipt of a completed appli cat_iou and all necessary appro valsthe City Cle shall issue to each applicant a Bouncer Registration Card and a Bouncer Identification Badge sh owin g; a picture of the individual and the number assi ned to such individual. The Bouncer I Badge shall be con icuousl dis la ed and worn by_such individual at all times w on duty. S badge shal r emain the prop erty of the City of Buffalo and shall be surrendered upon th expiration, suspension and /or revocation of the ind regist B. In the event that the Cit Clerk denies th issuance of a Bouncer Registration Car such denial shall be in writing and shall be provided to the applicant. No applicant shall be denied a registration ca based on the background investigation unless there is a direct relationshi between one or more of the revious criminal offense and th specifi l icense or emplo gt sou ht, or the issua o f the lic ense or the granting o th employment would in volve an unrea risk to pr or to the s afety or welfare of specific individuals or the ge neral public. New York Correction Law Section 752 and the City C shall take into consideration the factors set forth New York Correction Law Section 753. 372 -6 Expiration, Sus and Revocation A. All Bo uncer Re vistrations shall expire- annually on September 30 and shall be renewed on o r before said expiration date. 3 . AIL _I3o uncer 1Z isfra caro issue utnd the Cha pter may be su spend e d rev oked or renewal thereof refused b the Cit Clerk but onl after sufficient notice to the holder of the Bouncer Registration Card and a hearing before the City Clerk, his desi nee. The lit Clerk ma desi Hate an Administrative Law Jud who shall be an attorne admitted to ractice in the State of New York for at least three 3 years, to administer hearings held_ pursuant to this chapter. Said Administrative Law Judg shall recommend to the Cit Clerk whether a Bouncer Registration card issued under the Cha ter should be revoked, suspended, o renewal thereof refused, after notice and he The holder shall be entitled to present evidence at this hearing a to why the Bou Registration Card should not be suspended revoked or renewal thereof refused. C. In determining whether a Bounce Registration Card should be suspended, revoked or renewal thereof refused the City Clerk ma c onsider all relevant facts and circumstances including, but not limited to complaints received regardiy bou ncer, criminal incidents involving the bouncer, includim police incident repo arrest information and criminal convictions an dispositio violations of City ordinances incluidinbu not limite to _failing to cii� lay the i dentification ba re while on dut and other c which threatens the p 1reaIth, sa and welfa D. Any individual whose r card has been revoked, suspended, or renewal thereof refused may c 78 of the Civil Practice Law and Rules. §372 -7, Penalties An bouncer who fails to obtain a valid Bouncer Re istration Card and/or display a valid bouncer identification card in violation of this chapter may be fined and/or imprisoned i:n accordance with Buffalo Charter Section 1 715 and Chapter 137 of the City Code, and said penalties shall be administered pur suant to same. Each day that a violation of this chapt exists shall constitute a new and s offe In addition, any establishment foundjp individuals in violat of this cha pter shall be notified in wri ting by the City Clerk of the alleged violation. T City Clerk may also notify t he De artment of Economic Develo ment Permit and Ins ectians Services of the alleged violation which may conduct its own hearing and _reviesv process in accordanc with all applicable provisions of the Cha and Code of the City f Buffalo to determine whether any license it may have issued to the establishment should be revoke cient notice and hearing. In instances where an establishment has been found to employ bou in violation of this chap on t hree (3 ) or more o ccasions, the City Clerk shal notify the Departmen of Economi Developme Perinit, and Inspections Services of t he allct ed vio which shall conduct it own hearing and review process in accordance with all applicabl provisions of the Charter and Code of the City of Buffalo to determine whether an licenses it in iv have issued to the estab lishment should be revoked, suspended, or renewal thereof refused upon sufficient notice and hearing. X372 - 5, Exemptions AnY individual possessinY a valid rejistration c authorized by the Department of State issued under the S ecurity G uard Act of 992 may pro s aid vali regi stratio n car to the _City Cl erk and be ex from the aforemen a l� icatio and entitle to a non -char >eable Bouncer Re istration Card. X3 72 -9, Separab_iity_ I f any part of this Chapter shall for any reason, be adiudged by a court of competent urisdiction to be invalid such 'ud Yn�ent shall not ins air or invalidate the remainder of this Chap R EFERRED TO THE COMMITTEE ON LEGISLATION. APPROVED AS TO FORM �Corporati n Counsel Matter underlined is new. Matter in br ckets to be deleted. J' §372 -10, Registration Fee ,-B, LL N v 0� 15 Resolution UK Subject: In Support of Roswell Park Cancer Institute's Smoke -free Campus Whereas: Roswell Park Cancer Institute is an internationally renowned cancer treatment, research and education facility, and is dedicated to the cure, management and prevention of all forms of cancer; and Whereas: Roswell Park Cancer Institute is committed to achieving a healthier environment, and as part of their mission, a public mandate to set an example by creating a completely smoke -tree campus environment; and Whereas: 440,000 Americans die from disease caused by tobacco use; and Whereas: Tobacco use is a leading cause of death from heart disease, stroke and chronic obstructive pulmonary disease (COPD); and Whereas: Smoking of tobacco or any other weed or plant is the number one cause of preventable death within the United Slates; and Whereas: Secondhand smoke kills 53,000 American annually; and Whereas: Roswell Park Cancer Institute believes that prohibiting smoking throughout the campus will also lower the risk of fires across our campus; and Whereas: In accordance with the above, Roswell Park Cancer Institute has instituted a completely smoke free campus as of July 4, 2006; and Now therefore be it resolved that: I Irian C. Davis, Ellicott District Councilmember and the entire Common Council of the City of Buffalo recognizes Roswell Park Cancer Institute as a community leader in providing a healthy environment for its staff, patients, visitors and guests, Be it further resolved that: In support and accordance with Roswell Park Cancer Institute's aforementioned commitment, let it be known that the Common Council of the City of Buffalo decrees that henceforth the smoking of any tobacco substance is prohibited in all public areas and rights of way, including streets and sidewalks, within 200 feet of all entrances of buildings of Roswell Park Cancer Institute and on any property operated by Roswell Park Cancer Institute. ) 0-) Be it further resolved that: The security force at Roswell Park Cancer Institute is vested with the authority to enforce this policy. Brian C. Davis Ellicott District Councilmember 000s:14 RESOLUTION By: Brian C, Davis SabJect: Sarriba "est on Johnson Park in the Historic 'west Village Whereas. The .rri.enrbers of'the Johnson Park Association (JPA) have endeavored to draw coniniutrity intei Qst into the Lower West Side; area of Buffalo, NY since .August 2002, arid. Whereas: During these. efforts the ,IPA has pulled together a rich cultural mix from various or-ganiz�:�tions t:hr-ouf;h.orrt the Lower West Side, and Whereas: Recognizing the historic significance of the green of Johnson Parkas oLrr city's first establi shed hark through the efforts of Mayor Ebenezer Joluison, and that the Jobiison Park Green, recognized as historic by the National Register of Historic Places, is a featured site during "Samba l; est on Johnson Park 2006 ", and Whereas: The .TPA wishes to partner with Folkloric Dance Productions to celebrate and promote the activities ofvarious organizations from the Lower West Side including various youth activities from Holy Crass Church and Primavera United Church, Arneri.corps, Citizei, Pteparedness Centers, El Buen Arlligo, focusing on African Crafts, Hispanic Cultures, drum, circles, ci'a cep fitness, children's positive: activities that promote affirmative views and efforts and arfs r:nnd c1rlterre: of the area as well as unify this very diverse community. E , 1;1r�,tc�fcaz e Ire it resa�IveJ: That the City of Buffalo Common Council now corm ends the effort;. ol't e. Jolinsora Park Association to promote the livability of'the Lower West Side along with the pailnership and cf'for..ts of surrounding civic and cultural organizations through t.lje. display of tlrese orga►7izatioris on the Johnson Park Cncen on Sunday, September 10, 2006 along with 1 loric Dance Productions in "Samba Fest on Johnson Park 2006 ", and lie it further resolved: That, the Johnson Park Association has the support and co.intriendation of' tile City of .}Juf['alo Cormnon Council to present these organizations in a positive light between tlrc hours of 1:00 and 5:00 pnt, Sunday, September 10, 2006 on the Johnson Park Green 13]'iii11 ��. Davis Y 000ju RESOLUTION ` By: Mr. Franczyk Subject: [SET PUBLIC HEARING REQUEST TO AMEND LDA — 1 106 GENESEE, 836 SYCAMORE & 182 WILSON — REVITALIZING URBAN NEIGHBORHOODS, INC. - REDEVELOPER WHEREAS, Revitalizing Urban Neighborhoods, Inc. and /or a Corporation, Partnership, Joint Venture or Other Legal Entity to be formed, herein referred to as the "Redeveloper" has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; WHEREAS, the City of Buffalo Urban Renewal Agency has duly received a proposed Land Disposition Agreement by and between the Agency and Redeveloper; WHEREAS, the terms of the Land Disposition Agreement have been amended; and WHEREAS, the terms of said Amended Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Amended Eland Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law; and WHEREAS, Section 507(2) of the General Municipal Law requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Public Hearing" in the Buffalo News, no later than the 15' day of September 2006. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00pm in the Council Chambers on the 19' day of September 2006. a Vd- By: Mr. Franczyk RESOLUTION 000 1-lb , Subject: (REQUEST TO APPROVE PROPOSED AMENDMENT TO LAND DISPOSITION AGREEMENT" FOR 1106 GENESEE STREET, 836 SYCAMORE STREET AND 182 WILSON STREET' WHEREAS, Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) and/or a Corporation, Partnership, Joint Venture or Other Legal Entity to be formed, herein referred to as the "Redeveloper" has submitted a plan for the demolition of the improved properties located at 1106 Genesee, 836 Sycamore and 182 Wilson Streets. WHEREAS, the City of Buffalo Urban Renewal Agency has duly received a proposed .Land Disposition Agreement by and between the Agency and Redeveloper; NOW, THEREFORE, BE IT RESOLVED, by the City of Buffalo Urban Renewal Agency: 1) That the terms contained in the document entitled "Contract for the Sale of Land for Private Redevelopment" by and between the City of Buffalo Urban Renewal Agency and RUN Buffalo, .Inc. and /or other legal entity to be formed, which is the proposed Agreement for the transfer of title of 1106 Genesee Street, 836 Sycamore Street and 182 Wilson Street are determined to be satisfactory. The properties will be transferred from the City of Buffalo to BURA for One ($1.00) Dollar and then from BURA to RUN Buffalo, Inc. and/or other legal entity to be formed for One ($1.00) Dollar. 2) That the Chairman or Vice - Chairman is hereby directed to forward a copy of the amended Agreement to the Common Council of the City of Buffalo for its action, pursuant to Section 507, subdivision 2(d) of the General Municipal Law, 3) RUN BUFFALO, INC. and/or other legal entity to be formed, is hereby designated as a qualified and eligible Redeveloper in accordance with the rules and procedures adopted by this Agency. 4) That upon approval of the terms in the above mentioned Agreement by the Common Council of the City of Buffalo, pursuant to Section 507 subdivision 2(d) of the General Municipal Law, the Chairman or Vice- Chairman or Secretary is hereby authorized to execute said Agreement on behalf of the City of Buffalo Urban Renewal. Agency and the B U R-A Secretary and General. Counsel is authorized to impress the Corporate Seal thereon. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. a7 By: Mr, Franczyk RESOLUTION 0001-i Subject: [SET PUBLIC .HEARING ENDORSEMENT OF THE CITY OF BUFFALO URBAN RENEWAL AGENCY'S APPLICATION FOR THE RESTORE NY COMMUNITIES INITIATIVE PROGRAM WHEREAS, Agency seeks Buffalo Common Council endorsement of its application for the Restore NY Communities Initiative program WHEREAS, the City of Buffalo Urban Renewal Agency seeks finding in the amount of $5 million for strategically targeted demolitions in the City of Buffalo; WHEREAS, the terms of the Restore NY Communities Initiative .Program requires the solicitation of public input to apply for said funding. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Public Hearing" in the Buffalo News, no later than the 15'" clay of September 2006, 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2 :00ptn in the Council Chambers on the 19 "' day of September 2006. { � t -- 1 �0 fii 16 V\ RESOLUTION By: Mr. Franczyk = LOA Co- Sponsor(s): Messrs. RE: Restore NY Communities Initiative -- Municipal Grant Program WHEREAS, The City of Buffalo has a large stock of vacant and dilapidated structures causing a blighting effect on their surrounding neighborhoods, WHEREAS, In the 2006 -2007 enacted New York State Budget, Empire State Development Corporation received a $300 million appropriation to implement Restore NY Communities Initiative; WHEREAS, The Restore NY Communities Initiative is a municipal grant program created for the sole purpose of revitalizing urban areas and stabilizing neighborhoods as a means to attract residents and businesses; WHEREAS, The Restore NY Communities Initiative will fund municipally sponsored projects for the demolition, deconstruction, rehabilitation or reconstruction of vacant or obsolete structures; WHEREAS, The Restore NY Communities Initiative will enable Buffalo to aggressively target demolition worthy structures for neighborhood revitalization efforts, consistent with the City of Buffalo Comprehensive Plan; WHEREAS, Targeted demolitions in economically distressed areas, Empire Zones and Renewal Communities within the City of Buffalo will bolster economic development opportunities; WHEREAS, The City of Buffalo Urban Renewal Agency will prepare and submit an application for the Restore NY Communities Initiative seeking funding in the amount of $5 million for the demolition of derelict structures in targeted, economically distressed areas of Buffalo; WHEREAS, The City of Buffalo Common Council endorses the application for funding through the Restore NY Communities Initiative; NOW, THEREFORE, BE IT RESOLVED: That the Mayor is hereby authorized to execute any and all documentation necessary to apply, accept and administer said grant funding. o�P 4r REFERRED T THE COMMITTEE avid A. ranczyk ON CO MMUNITY D EVELOPMENT. 000.1 RESOLUTION By: Mr. Franczyk �, �, (3 v�'r � v T' WHEREAS, Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) is a non- profit organization formed to encourage neighborhood revitalization through the elimination of urban blight in the City of Buffalo; WHEREAS, RUN Buffalo proposes the demolition of vacant and dilapidated structures which are not eligible for, nominated to, or listed on the National Register of historic Places; WHEREAS, RUN Buffalo proposes the construction of community gardens and or other landscaping on said properties; WHEREAS, Buffalo Urban Renewal Agency approved a land disposition agreement transferring 1106 Genesee, 836 Sycamore and 182 Wilson to RUN Buffalo on August 24, 2006 for the purpose demolishing these dilapidated structures; WHEREAS, Due to their charitable purpose, RUN Buffalo requests a waiver of fees for demolition permits and associated performance bonds required for the demolitions of 1106 Genesee, 836 Sycamore and 182 Wilson; NOW THEREFORE BE IT RESOLVED: that a waiver of the demolition permit fees be granted to RUN Buffalo for their demolition of 1106 Genesee, 836 Sycamore and 182 Wilson Streets, AND IT BE FURTHER RESOLVED: that that a waiver of the performance bonds be granted to RUN Buffalo for their demolition of 1106 Genesee, 836 Sycamore and 182 Wilson Streets. I ------------- ------------- David A. ? nczyk DEFERRED TO THE COMMITTEE ON L EGISLATIONI r,owV ©�� 4�J �► F W, By: Mr. Golombek RE: Legislative Assistant Appointment WI-LERI�AS: I am appointing John F. Fracos, who resides at 314 St. Lawrence Avenue, Buffalo, New York as a Legislative Assistant in my office; and WIIEREAS: Mr. Fracos has previously worked for the City of Buffalo Parks Department, and is quite capable of filling this position; and WHEREAS: Mr. Fracos is graduate at the State University of New York College at Buffalo with a Bachelor of Arts degree in Political Science and is also involved in many North District community organizations. NOW THEREFORIa IIE IT RESOLVED 'I HAT: Mr. John F. Fracos is appointed as a Legislative Assistant for rile North District. =1 Joseph Golombek, Jr. 110 By: Mr. Kearns City of Buffalo Local Law No._(2006) Introductory No. 15 (2006) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Coirinlon Council BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOW: Section 1. That Article 3 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follow: § 3 -6. Vacancies in the Common Council In t case of a vacancy in the office of district council mcmber, otherwise than by expiration cif the term, the remaining members of the council shall appoint a qualified resident of the same political party and district as the council mcmber whose place is vacant to fill such vacancy until the first day of January following the next general election at which a district council member may, pursuant to law, be chosen for the balance of the term.. The person so elected shall take office on the .first day of January following such general election. Prior to an a lerk to advertise the vacancy f or a n- inin1um of five (5) days on the Crity's Web -site and using n�nt� and video media outlets that are gen erally consider to pro vide district - w ine distribution or co and obtain from an qualified resident seekina considerati for aPPOintrrlcnt, a WSLUne, a letter reque a0yointme to th vacanc and an other information the Common Council de necessary to fultill its duties and obl4�1ati01ls Linder this section. The Common Couneil may re pear before the Common Cou ncil or an of its Con�n�ittces rior to a ointment. In the case of a vacancy in the office of president of the common council otherwise than by expiration of his or her terra, the remaining members of the common council shall appoint one of their members to fill such vacancy until the next organizational meeting. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. Adoption of this local law is subject to mandatory referendum in accordance with Municipal Horne Rule Law Section 23, APPROVED AS TO FORM LA ID OIN THE VOLE 1. l ...,ration Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. AAL:PJS: TAm pWinswonrlpjslcokmei vacani es-k kearn s RESOLUTION t ( >3y: Mr. Kearns 000J. ,) Re: Request Grant Funding From the New York State Canal Corporation Whereas: The New York State Canal Corporation is soliciting projects to irnplernent Governor George Pataki's vision for an Eric Canal Greenway, which was first proposed by the Governor in May 2005; and Whereas: The December 2005 report released by the New York State Canal Corporation Interagency Task Force, entitled "Report on the Future of New York State Canals ", recommended a voluntary, collaborative strategy for providing assistance to communities along all four canals of the New York State Canal System through a canal -wide greenway program; and Whereas: Funding for a grant program to implement the vision of the Governor and the recommendations of the task force was approved in the 2006 -2007 New York State Budget, and $6 million is available under four grant categories; and Whereas: The City of Buffalo has many vacant undeveloped parcels of land on or near the waters edge which are ripe for development, including the proposed Buffalo River Park Project; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo supports the creation of a voluntary Eric Canal Greenway, as proposed by the Governor and recommended in the report by the Interagency Task .Force, based on the six Erie Canal Greenway Principles: �= Waterfront Public Access Tourism Recreational development y Natural and Cultural Resource Protection Local and Regional Protection Economic Revitalization; and Be it Further Resolved: That the Common Council supports the submission of an application for funding from the New York State Canal Corporation through the Erie Canal Greenway Grant Program; and Be it Finally Resolved: That the City Clerk's Office send certified copies of this resolution to the Office of Strategic Planning, the Department of Economic Development, Permits and Inspection Services, Governor George Pataki, the New York State Canal Corporation, and the members of the Western New York Legislative delegation REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVEL OPMENT� � �� Michael P. Kearns' City Clerk's Department BUFFALO September 8, 2006 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. 123 PASSED September 5, 2006 Giving Public Works Permission to Pave St. Catherine's Gerald A Chwalinski City Clerk RESUI..U.11ON 0001 Sponsor: Michael J. LoCurto RE: Giving Public Works permission to pave St. Catherine's Whereas: St. Catherine's has not been paved in over live years and is experiencing extreme deterioration which makes it difficult for motorists and pedestrians to cross; and Whereas: residents have expressed complaints and concern over the condition. of the roadway; and Whereas. Previously St. Catharine's has been paved with a special capping process; and Now 'Therefore Be It Resolved: That the Common Council give Public Works permission to pave St. Catherine's leaving the cobblestone intact in case further .funds become available for restoration. Michael J. L, (urto 13 SSE l i { ; SEA' 1 S 2006 1 r �� *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS * LOCURTO RUSSELL THOMPSON [ MAJ - S) * 9 * 0 [2f3 - 61 [ 314 - 71 RESOLUTION TION 0001.4 Sponsor: Michael J. LoCurto RE: Permission to Haag "Party in the Parr" Banners. Whereas: The Olmstead Conservancy organization is celebrating, its Annual "Party in the Park "; and Whereas: Representatives from Olmstead Conservancy organization have requested permission to hang their banners across Elmwood Avenue south of lAidwel l Avenue and across Delaware Avenue south of North Street from August 20, 2006 until the party ends on September 10, 2006; Whereas: The Olmstead Conservancy organization representatives are familiar with the banner requirements and will purchase the necessary bond before the banner is installed; Now Therefore lie It Resolved: That the Common Council does hereby grant permission to the Olmstead Conservancy organization to hang banners celebrating its Annual party with the banners located at Elmwood Avenue south of Bidwell Avenue crossing Elmwood Avenue and Delaware Avenue south of North Street crossing Delaware Avenue from August 20, 2006 until the party ends on September 10, 2006. Michael J. .,oCurto ., I I Y City Clerk's Department BUFFALO September 5, 2006 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. 125 PASSED September 5, 2006 Budget and Personnel Amendment Councilmember 13 Gerald A Chwalinski City Clerk zU i 0 1 l tiL I 0 lI BY: ,'As. RUSSELL O00 BUDGET AND PERSONNEL AMENDMENT 01— DEPARTMENT OF COMMON COUNCIL 1014 — COUNCILMEMBER # 13 The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 --- Department of Common Council, 1011— Councilmember # 13 which currently reads: 2 Legislative Assistant to Councilmember $ 34,631 Is hereby amended to read: 1 Legislative Assistant to Councilmember $ 34,531 1 Legislative Aid to Councilmember $ 30,258 t IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above- mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position GERALD A. CHWALINSKI, CITY CLERK AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO .FORM Corporation Counsel 01811112006 SEP - 6 2006 J. ESTRICH SSTONER OF :STRATTON, FINANCE AND AFFAIRS ii Estrich,Donna From: Lehner,Chrlstine Sent: Friday, June 30, 2006 11:28 AM To: Estrich,Donna Subject: Salary Ordinance Amendment Per Gerry Please prepare a Salary Ordinance Amendment for Councilmember Golombek for the next Common Council Meeting 10114001 411001 FROM (2) Legislative Assistants $34,631 Total $69,262 TO (1) Legislative Assistant $34,631 (1) Legislative Aide $30,258 Total $64,889 Thanks and have a good weekend *AYE* NO BONIFACIO AAVIS FONTANA FRANCZYK GOLOMBEK * KEARNS LOCURTO * �` RUSSELL THOWSON City Clerk's Department BUFFALO September 5, 2006 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. 126 PASSED September 5, 2006 Budget and Personnel Amendment Councilmember 11 Gerald A Chwalinski City Clerk �. i ii YS C� LA ILJ `ij BY: Ms. RUSSELL. BUDGET AND PERSONNEL. AMENDMENT 01 -- DEPARTMENT OF COMMON COUNCIL 1012 -- COUNCILMEMBElt The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 — Department of Common Council, 1012 — Councilmember 9 11 which currently rends: 1 Legislative Assistant to Councilmember $ 34,h31 Is hereby amended to react: 1 Legislative Aid to Councilmember $ 30,258 r IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary_ That a personnel requisition incident to the creation of the above - mentioned position, containing a statement or 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. GERALD A. CHWALINSKI, CITY CLERK AND DONNA J. ESTRICH, COMMISSION LIZ OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. GERALD A. CHWALLNSKI� CITY CLERK PASSED vNA J. ESTRICH MM[SSI NER OF AP C O A INISTRATION, FINANCE AND APPROVED AS TO FORM CEP -- 6 2006 U AN AFFAIRS s � Corporation Counsel MA 4/8/31/2006 �1 GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics O FFICE OF THE CITY CL ERK August 31, 2006 Donna Estrich, Commissioner Department of Administration and Finance 203 City Hall Buffalo, NY 14202 Dear Donna: 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 Please prepare a Salary Ordinance Amendment for Councilmember 11 for Tuesdays Council Meeting. From (1) Legislative Assistant $34,631.00 14112001 411001 To (1) Legislative Aide $30,258.00 10112001 411001 Your cooperation is greatly appreciated. Y urs truly, a � I I Gerald Chwalinski City Clerk GC /cl II *AYE* NO * BONIFACIO DAVIS * �` * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [MAJ- 5] * 9 * 0 [213 - b) [ 314 - 7 Fay: Mr. Thompson 000123 Re: Ordinance Amendment Chapter 235, Hazardous Materials and Wastes The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 235 of the Code of the City of Buffalo be amended to read as follows: ARTICLE IV, Terrorism Prevention in Hazardous Materials '235 -21. Findin Ys. The C ommon Council finds that . a . terrorist a tta c k on a lag "e - quantity haz ardous material shipn - tent in the C of Buffalo w ould pose a sig ris t the public health, sa fet y , a nd welfa with a potential de va st atingeennom = ic impact. These risks arkn te b the City of Buffalo_ an th yreater Buffalo-Erie-Niagara region's status as a border crossing and tourist destination. The threat of terrorism requires an urg nt response from the City of_Buffalo to insure the safety of its residents and workers. §2 35 -22. Definitions. "Emergency "-m eans an unanticipated, temporary situation t threatens the immediate _s_afcty o individu gr,property, as determ by t he City _ of 31iffalo Departm of Public Works. "Person" means an individual or commercial entity. "Prac alternative route" mea a r which lies entirely outside of the City of Buff and whose use would not .make s hipment of the materials in question_ cos prohibitive. 235 -23. Prohibitions. Except in cases of emergency, it shall be prohibited in the Cit of Buffalo, without a p ermit , to transport ex plosives of Class 1 Division 1.1 o.r Class 1 _ Di_v 1.2., as desig nated in 49 CFR Section 173.2., in a q uantity vreater than 500 kg.; Flammable gasses of Class 2, Divisirn 2.1., as designated in 4 CFR Section 1.73.2., in a quantity greate than 1.0,000 liters; Poisonous gasses of Class 2, Division 2 3, as (tesi gnated in 49 CFR Sec tion 17 3.2., in a quantity greater th 500 lite a nd belonging to Hazard Zones A or B as defined in 49 C FR 173.1.16, and Poisonous ma othe than gasses, of Class 6. Divis 6. 1, in a quantity greater than 1,000 kg , and belon ging to 14 rd Zones A or B as defined in 49 CFR 173.133. It shall be fur ther prohibited to operate a vehicle or move a rail car that has exterior markings indicatin ) that it con such materials prohibited in this Article. �iti X23 -24. Perm Th City of Buffalo Dep artme nt of Public Works may issue permits authorizi� transportation of m aterials prohibited in this Article upon a demonstration that there is no P racti c al alternative route. T he De pot tm ent of Public Works may im reas conditi the adoption of sa_ fAy measures such as. but not limited to, t ime -of da_y restrictions. The De of Public Works may also im a reasonable fee, c with enforcement of this chapter for an erntit issued under this Article. X235 -25. Penalties. Violations of this Article shall be punishable in accordance with '1 -15 of the Cit Charter parate offense. 235 26 Tim orati of c hap es in fed eral rc fulations. In the event that the federal re ulations cited in this Article and enacted =pursuant to statutor authorization are amen or reclassified the amended or reclassified reg ulation sha ll be deemed to have been inco orated herein. 235 -12. Preemption. In the event tha the req uirements of this Article a re or becom inconsistent with any r f orth in or federal law, the Article _requirements shall be dee med inv alid. 235 - 13. Severability_. I t is the intention of the Common Council of t he City of Buffalo that each )rovision i t his Article shall be deemed independent of all other provisions herein and it is further deemed intended that in the event that at provision of thi c hapter be d invalid, all oth p rovisions thereof shall remain valid and enforceable. APPROV AS TO FORM Corporation Coun l NOTE: Matter underlined is new, hatter in brackets is to REFERRED TO Tie C OMMITTU be deleted. ON U`�'GISLATION. AAL:PJS:rtnv T Awp601mswordlpj slord- ameFrd- hazardous- terrorism RESOLU'T'ION 000J.2B By: Mr. Thompson j �" t,"" f' , C, ery i t (b i {t-0 51 VVL. Re: Setting Aside the I Day of the In -Rem 40 Foreclosure Auction Just for First -Time Home Buyers Whereas: An abundance of vacant, foreclosed properties currently exist within the City of Buffalo; a moderate percentage of which are salvageable, requiring; rehabilitation; and Whereas: Some of these; properties are public safety hazards- potentially spawning illegal activity in addition to being community eyesores; and Whereas: A portion of residential properties are either in moderate -to -fair condition or are salvageable structures that should be either sold at low -cost or donated to needy and interested low -to- middle- income families; and Whereas: Some City of Buffalo residents may purchase their first residential property from the Tax foreclosure Auction; and Whereas: Additional services should be made available to increase levels of home ownership, as the 2000 Census indicates that owner- occupied dwellings in the City of Buffalo are at roughly thirty -seven percent (37 %); and Whereas: Priority for financial assistance should be given to first -time homebuyers whose respective property will serve as their primary residence (owner - occupied dwelling and. Now, Therefore Be It Resolved That: This Common Council hereby requests that the Office of Strategic Planning and the Department of Taxation & Assessment set aside the I day of each In -Rem Foreclosure Auction specifically for first -tune homebuyers, granted that they are residents of the City of Buffalo; and Now, Therefore Be It Finally Resolved That: This Common Council also hereby requests that this item be referred to the Committee on Community Development, and seeks responses from Office of Strategic Planning, the Department of Taxation & Assessment, Habitat lbr Humanity, the Division of Real Estate, and the Department of Economic Development, Permits, & Inspection Services for the next Common Council Meeting scheduled for 'Tuesday, September 19, 2006. Antoine: M. Thompson UN E, 4 a'-X� � CC— j 1 I -� f� 1 Sl No. By Mr. Thompson Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Bishop Paul Morton By Councilmember DAvis and City Clerk Gerald A- Chwalinski Felicitation for Marlin T, Harper By Councilmember Davis & City Clerk Gerald A_ Chwalinski Felicitation for lsias Gonzalez B Councilmember Davis & City Clerk Gerald A Chwalinski Felicitation for East High School- Class of 1956 By Councilmembemavis & City Clerk Gerald A Chwalinski Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for Stanley B. Franczyk By Councilmember All Councilmembers & City Clerk In Memoriam for By Councilmember ADOPTED At the regular meeting of the Common Council of flat City of Buffalo, held on Tuesday, July 25, 2006 tht sponsored by Ellicott District Councilsnemher Brian C; Davis, was unanimously adopted: Whereas: Bishop Paul Sylvester Morton Sr. was born in Windsor, Ontario, Canada on July 30, 1950, In 1972, he moved to New Orleans, Louisiana where he resides today; and Whereas: In 1975, he was installed as Pastor of the Greater St. Stephen Missionary Baptist Church. Bishop Morton works diligently with his wife, Elder .Debra B. Morton, who serves as Co- Pastor, to minister God's Wore; and .Brian C. Davis Ellicott District Councilmember Gerald Ch wailnt kf City Clerk GI Touturtl At the resgular mif rf tdre CordmcO z Cauncil of he Cif of Buffalo-, held € n 2"um dray, .1uly 25, .2006, if, r /s,llcrr�,:r�I lrrOCIranzcat on, sponsored ky the Elikofff D&tr'act Counei€ og7ber Bruin C. Dav&. WIS rrrrrr€ainrousa p Whereas: Marlin I. Harper was born an Bu&lo and raised in.Niagara Falls, New t'or•k; an Whereas. Marlin 7' harper, cr;�raduate ofjVlogara Falls IlighxSchool with 4mAdvanced Re,4;erms Mstioction, will be attending the llnivei-sa'y of Rochester era hrtr,es (?I - one clay becoming ar &m.w r•, crud Whereas, Marlin d° .harper has boem an GeaRv rnenzber � �ltrs� �l�urc h, Mt. H'rie B aptixi Church, h, ar Sc hool and ar host Elf c:arrtrmunity orgaritt'c 4on w;Iaer e & EhA v�4It s ttnzr ` =r�ricl tafcrrts try F r�lrrrrtr c r rr,. ;:::rr r Whereas, [)su the Vegr, hd� al wg ho fors fire° hi achievements as a student dnU IYtr&alleer, i�'irera�ars: in 200. a r i peg `became om o' r i�0: ate. - i!Itll trtrittrr y liol(rrq iyr l.r (fates Millennium Sc 0 ar v I (c ended 4.'a grant from the Bill & Oat' fe;s Poo I, 1_a0 m. +)c 1,1 in I V99 to pr oviaoi ortisvtahrlinkA: `fr k on, A",' ficat?. American TndianZ# &s IVcilives� "I sicxn : Purr li TsIoirrle (IfiCs 1,c JLiP €IG 1 FYEerk" "on i��f G�'1 S'��iir€ t� Z £��7lC t ��. " ?i t`E? c.^ysiplete an ?Er1r�E'r�;1C�rltlf %�`? .( o IfG'g!? ( ?[iY�(:tTlt()ii. {�1 =" 5cfrcrlrsr shri3 can discipline aro r7 as Wetll'brag�a( ote education n. lhbSc, s trrdrrrt� rrrathBmutiCy'..s'C °L"1C c',:,Lngfiww rl'$,� ! &aC n. or ft- Var"p% scieme T hgg! of of GAPS' is to P1 11( lie rac r1a Et' f , e i nd to pr crVNo a/2 oliPrnAt 'umky 21 "r;usaiat�o� E ?f oui standi'gz sIut with, sib =rrificuy I t ftrlerirc ial need tri: of Wh fhr ; farllr�st lrrrtc�rttipl; Now, Thcn f�r� 00���� 1 her€ 1, Ilr tan C Davis. dr likoll Dish ki QE uncllrner^rrlrer €ongrWidolav- Marlin I. Il arl)(ct- frit his rrrTtslriYr ho .; rIC ,, lcf is uc hieerrrrlr7's,'l�s �crtrtb2t�ie�ra to ils craiiYt�,' °navy, aril fsa rata ��c1'tcalt'ntcr jiitr,siiiri his eritcErti <jtrrl sporrl.s. f:rrti Bc� It Furlher esrrlvel l7rat ort l3clral.,l'rllt tc.cll3prr�xs nrat iv 300, 000 irlenf y c3 hr �:'tty ofineffiwo we srxlrslc. Marlin l: Uorper•jor� bi a:r,. rfrr inspiration to us call Cl especi4 * yogbh, rd'-'ud ry: and Ike it nnaaliv Resol'vem 'I rat the Ilrt_ffalo Common (', council doe h��'elay �ecZa, e ��e d��, ,luly2S, 2t7i)fi, " "t�ftra 7; llrttlrt'r' �)a��r' }fr�f frrlcr. r' Brian C. Davis CYa�rtrlyd (:`hry dirr.s•kt lzllir.on. Tlistr•ici C `ouncilrnember Cily (,Yerlr. IN MEMORIAM Stanley B. Franczyk Whereas: Stanley B. Franczyk, widely known for his contributions to Politics and Government in Buffalo and the Polish- American Community, passed away after a lengthy illness on July 13, 2006; at the age of 76; and Whereas: Finding love and happiness with Alina Smolarek, they married, and their union produced three children: David, Tim and Nancy. Stan and Alina raised their family in Buffalo's Kaisertown neighborhood; and Whereas: At just eighteen years of age, Stan was elected line steward and trustee of Local 1581, IUE- AFL -CIO at Westinghouse. Later, during the Korean Conflict, he was a S Air Force Staff Sergeant and Senior Information Officer. Recognized for writing and editing U.S. Air Force Information pamphlets on absentee voting and a booklet on the Korean people, Sergeant Franczyk earned a Bronze Star; and Whereas: Upon his return from the Korean Conflict, Mr. Franczyk was hired as a City of Buffalo Assessor and later appointed as the Common Council's Chief of Staff; and Whereas: Mr. Franczyk continued his Government service with Mayor Stan Makowski as Assistant Director of Demonstration Projects and later with Senator Tom Bartosiewicz, D- Brooklyn, as his Staff Assistant. In 1981, Stan was appointed Executive Director of the NYS Insurance Fund; and Whereas: In addition to being a husband, father and along with a career in Government, Mr. Franczyk, had extensive and impressive volunteer contributions. In 1948, Stan worked on Harry Truman's campaign for President. In 1968, he worked for Senator Edmund Muskle's campaign for Vice President and again in his 1972's Presidential run. Mr. Franczyk also worked closely with many members of the Carter Administration including National Security Advisor Zbigniew Brzezinski —whom attended the investiture of Pope John Paul II with Stan in 1978; and Whereas: Stan Franczyk was very active in Western New York's Politics. He was especially recognized at his brother, Gus Franczyk's campaign events. Gus Franczyk served on the Erie County Board of Supervisors and the Buffalo Common Council; and Whereas: Stan is survived by three children: Buffalo Common Council President David Franczyk, Buffalo City Court Judge Tim Franczyk and Nancy Small, a self employed Dietician; and four grandchildren; Emily, Natalie, Claire and Anna; and many dear friends; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby join Stan Franczyk's family and friends in remembering his life and his contribution to his Family, National and Local Politics and his Community. Dominic J. Bonifacio, Jr. Bonnie E. Russell Michael J. LoCurto Brian C. Davis Majority Leader President Pro Tempore Delaware District Ellicott District Gerald A. Chwalinski City Clerk Richard A. Fontana Antoine M. Thompson Joseph Golombek, Jr. Michael P. Kearns Lovejoy District Masten District North District South District �f f� 1 1 4 a Fkt A meeting of the Common Council of the City of 1l ffalo, held on It'ues I July 25, 2006, the following; resolution was unanimously adopted, sponsored by Councilrneinbcr Briars C. Davis: Whereas: Isaias Gonzalez was born in Moca, Puerto Rico to Justo Gonzalez and Benita Soto, one of five children: .Maria, Nicasio, Ismael and Benito; and Whereas: At the age of 18 Isaias joined the United States Army during World War H. He served in the military as Staff Sergeant, returning to Puerto Rico after an honorable discharge at the. age of 22; and Whereas: Isaias arrived in Buffalo with his wife Carmen in 1950 (the first wave of Puerto .[Zicatis.to.reside in the.Buffalo area) and froiri this U came Israel, Johnny, l.o.uie, Susie, Joe, Cindy, Justo, and Isaiirs Jr and Whereas: DarinIsaias first years in Buffalo he worked for Belhlehiin Steel : FIc also owned a business, "La Bodega" on Seventh Street where he and s Iii resided for many years; and Whereas: Throughout Isaias Gonzalez' life in Buffalo he was'a m"or figure in the'Hispanic Cornia unity and spearheaded various programs for the cornmUnity.. : =Hc was the founder and hest of "La Voz Hispana" radio.. progran7, he provided a:Mix of'.. Spanish entertainment as well as educational information to cnrployrnent, housing and community services; and Whereas:. While opening doors of opportunity for.Ilispariic iii varro�rs areas, Isaias , w a continuous challenge to his own advancement as. well. He received'ihrs Bachelors of Science degee at the age of 56 frorn.the Empire State College; and Whereas: Isaiap. was a great pioneer and advocate of education and was rnstaimental`''n`the establishment of "E.S.T.t).11.LA. "; a community Based bilingual educational progrann;'.aud Now, Therefore, lie It Resolved: That .this Honorable - able body acknowledge and praise Isaias Gonzalez :Fdr his many contributions to the City ��f Buffalo, the Hispanic Community, and the many lives he touched throughout. his lrfc, Nov, Therefore, lie It Further Resolved: That this 11 onorable give homage to Isaias Gonzalez who dedicated his entire career to improving the ClUality of life for others and that in. recognition of his legacy, a portion of Seventh Street will be dedicated and proclaimed " Isaias Gonzalez Way " on August 1.4 "', 2006. Brian C. Davis Gerald Chwalinsk:i Ellicott District Councilmember City Clerk r tlt the regular meeting of the Common Council of the City of Buffalo, held on Tuesday, July 25, 2006, the fallowing proclamation, sponsored by Ellicott District Councilmember Brian C. Davis, was unanimously adopter. Whereas: The East Nigh School Class of 1966 will celebrate its' 40` Reunion in Buffalo, New York, and Whereas: In 1966, East High School, was a unique institution, being one of the first to combine acadernic Brian C. Davis Ellicott District Councilmember f a: Gerald Chwalinski City Clerk f ��i WEI101WI10MM01101INl�Y0li•I Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2006, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Sidney Clanton Jr Total: 1 ADOPTED I I q zM BY, ANTOINE, M. TfIOMPSON Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2006, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo John Fracos Catherine Burke Richard Ippolitto TOTAL 3 ADOPTED g6l !-�2 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 "' floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev Committee on Legislation Special Committees MBEC in Room 1417 City Hall. Waterfront Development A.M. in the Council Chambers. Tuesday, Sept. 12, 2006 at 9:45 o'clock A.M. Tuesday, Sept. 12, 2006 at 10:00 o'clock A.M. Tuesday, Sept. 12, 2006 at 1:00 o'clock P.M. Tuesday, Sept. 12, 2006 at 2:00 o'clock P.M. Monday, Sept. 18, 2006 at 10:00 o'clock A.M. Wednesday, Sept. 20, 2006 at 11:00 o'clock (Public Disclaimer All meetini4s are subiect to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time Oven for notification it will be provided. In addition there may be meetin s set a whereby the City Clerk's Office is not made aware therefore unless we receive notice from the respective Chairmen we can one make notification of what we are made aware. 53 = I'-- No. at Adjournment p1 On a motion by Mr. Bonifacio, Seconded by M rise rthe Council adjourned GERALD CIIWALINSKI 'lf / , CITY CLERK