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06-1003
CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, OCTOBER 3, 2006 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Bonifacio, Davis, Fontana, 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 Sept. 19, 2006 were approved. BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [ ------------- ] [MAJ- 5] [ 2/3 - 6 ] [3/4- 7] *AY * NO * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9 * 0 * * * t d- FROM THE MAYOR � s . SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 27, 2006 FROM: DEPARTMENT: Mayor /Executive SUBJECT: [:Mayor Byron W. Brown [:Out of Town Travel G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx /xx/xx) Pursuant to Section 4 -4 of the City of Buffalo Charter, I hereby designate Alisa A. Lukasiewicz, Corporation Counsel to perform the Mayor's duties during the afternoon of Wednesday, September 27, 2006 through the morning of Thursday, September 28, 2006. 1 will be out of town and will return to the office on Thursday, September 28, 2006. SIGNATURE . DEPARTMENT HEAD TITLE: , City of Buff 1 f t FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING # 1 (Rev. 2/01) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 25, 2006 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: General Office SUBJECT: [: Lakeview PILOT [: PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. , C.C.P. ) TEXT: (TYPE SINGLE SPACE BELOW) Pursuant to the Comer Consent Decree, the City and the Buffalo Municipal Housing Authority committed to redevelop Lakeview Homes to reduce density, vacancies and to provide alternative housing opportunities. On October 7, this Body approved a PILOT Agreement for the properties included in the redevelopment plan. The approved PILOT included 523 Busti, a property designated for rehabilitation of 6 additional residential units. 523 Busti had to be replaced with three sites, 46 York, 268 Trenton and 476 Busti, to construct 6 residential units as a part of the Project. In order to substitute these three sites, the Buffalo Municipal Housing Authority formed a new corporation, the Lower West Side Homes II Housing Development Fund Corp. Your Honorable Body is hereby requested to approve the attached PILOT Agreement for the substituted properties located at 46 York, 268 Trenton and 476 Busti for the Lakeview Project, and amend the PILOT approved on October 7, 2004 to eliminate the parcel identified as 523 Busti. Your Honorable Body is also requested to authorize the Mayor to sign any and all documents necessary to execute and implement the PILOT Agreement. The amount of the PILOT payments was calculated based upon the standard City PILOT policy for low income housing projects. TYPE DEPARTMENT HEAD NAME: Timothy E. Wanamaker TYPE TITLE: Executive Director SIGNATURE OF DEPARTMENT HEAD: I AGREEMENT FOR PAYMENTS IN LIEU OF TAXES LAKEVIEW PHASE 3A.2 THIS AGREEMENT for payments in lieu of taxes is made as of the day of 2006, by and among the CITY OF BUFFALO (the "City "), the COUNTY OF ERIE (the "County "), and LOWER WEST SIDE HOMES II HOUSING DEVELOPMENT FUND CORP, a New York corporation with offices at 300 Perry Street, Buffalo, New York 14202, (the "Taxpayer ") for the making of certain payments in lieu of real property taxes by the Taxpayer (the "PILOT Agreement "). WITNESSETH: WHEREAS, Taxpayer is the owner of three properties containing 6 units of affordable housing, known as Lower West Side Homes (a/k/a "Lakeview Phase 3A.2 6 additional units ") (the "Project "), located on Exhibit A, which includes all property addresses, in the City of Buffalo, County of Erie and State of New York (the "Land "); and WHEREAS, the development of the Project is of vital public interest to the City and the County; and WHEREAS, the development of the Project is intended to be exclusively for very low income housing, and use of the property for residential use by very low income persons shall remain consistent throughout the duration of the PILOT Agreement. NOW, THEREFORE, in consideration of the covenants and agreements contained in this PILOT Agreement and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. Tax Exemption The parties agree that Taxpayer qualifies for real property tax exemption for the Project in accordance with the provisions of Article 11 of the New York Real Private Housing Finance Law. 2. Obligation of the Taxpayer to Make Payments in Lieu of Taxes The City and the County require and the Taxpayer shall make payments in lieu of real property taxes to the appropriate taxing authorities pursuant to the real estate tax policies of the City and the County, subject to the terms of this PILOT Agreement. 3. Requirements of Taxpayer a. The development will be carried out in compliance with the reasonable requirements of the Planning Board of the City of Buffalo. Page No. 1 Lakeview Phase 3A.2/ PILOT K7 b. The PILOT Agreement period is to commence on the Commencement Date, as hereinafter defined, and be concurrent with the Project's use as affordable housing and for so long as a municipality aided, state aided and /or federally aided mortgage is outstanding on the Project, but shall not exceed fifteen (15) years. C. The Taxpayer shall provide the City and the County such information concerning its operations and the operations of the Project in form and substance as may from time to time be reasonably requested. Such information shall include but shall not be limited to, the annual financial statements of the Taxpayer from the calendar year immediately preceding the fiscal year in which payments are due. d. The Taxpayer shall permit the Comptroller of the City and County to audit its books and records within fourteen (14) days after receiving a written request from the City or the County. e. Transfer of title to the land and improvements comprising the Project will not be allowed during the term of this PILOT Agreement without the prior written consent of the City or County. f. The Taxpayer shall utilize City services for the Project at rates comparable for similar properties. 4. Taxing Authorities and Amounts a. Upon commencement of the City's next taxable status date following the execution of this PILOT Agreement (the "Commencement Date "), the Taxpayer shall make annual payments in lieu of local and municipal real estate taxes, including school taxes but not including assessments for local improvements and special assessments on the land and buildings constituting the Project as follows: i) for the first fiscal year, the Taxpayer will make a fixed annual PILOT payment in the amount of $1,137.00 in satisfaction of all property taxes as calculated on Exhibit B attached hereto and made a part hereof, ii) beginning in the second fiscal year, and continuing through the 14th year thereafter, the Taxpayer will make a PILOT payment equal to the PILOT payment paid in the previous year plus a 3% increase over the previous year's PILOT payment as calculated on Exhibit B; iii) 25% of the total PILOT payment made each fiscal year will be due to the County, and forwarded directly thereto; Page No. 2 Lakeview Phase 3A.2/ PILOT g iv) the remaining portion of the PILOT payment shall be allocated and /or distributed as the City of Buffalo sees fit between the various entities currently assessing taxes against the Project, except the Taxpayer will be responsible for paying all special district assessments and other assessments permitted by law; V) at the expiration of the fifteen -year period, this Agreement will cease to have any effect on the taxes due with respect to the property and the property will be taxed in accordance with applicable law. b. Each of the foregoing payments shall be made on or before the date that the particular tax payment would have been due to the City or the County. C. the accountant for the Taxpayer shall prepare all documents and forms required under this PILOT Agreement. 5. Defaults in Payment in Lieu of Taxes In the event the Taxpayer fails to make any payment in lieu of real property taxes when due, the amount or amounts not so paid shall be a lien on the Project in the same manner that delinquent real property taxes would be and continue as an obligation to the Taxpayer until fully paid. In addition, the Taxpayer shall pay the appropriate taxing authority's or authorities' interest and penalties on the unpaid amount or amounts accruing at the same times and at the interest rates as if such amounts were delinquent real property taxes. In addition to any other remedies available to them for the collection of delinquent real property taxes, including, without limitation, in rem proceedings, the City and County may exercise any other remedies available, and such remedies shall be cumulative and the exercise of any remedy shall not be an action of remedies under law. 6. Effect of Fulfillment of the Requirement Once having paid the amounts required by this PILOT Agreement when due, the Taxpayer shall not be required to pay any real property taxes for which such payments in lieu of taxes have been made, except special district assessments and other special assessments permitted by law. 7. Events of Default and Termination of Tax Exemption a. An event of default ( "Event of Default ") shall be defined as (1) failure of the Taxpayer to make any payment required under the PILOT Agreement when due, (2) the Taxpayer's failure to provide any notice as required by this PILOT Agreement to the City or the County, (3) Taxpayer failure to qualify, or continue to qualify, for a real property tax exemption for the Project, (4) failure of Taxpayer to provide any of the information required by Section 3(c) or 3(d) of this PILOT Agreement, or (5) the transfer of title or beneficial ownership of any portion of the Project or the Land. Page No. 3 Lakeview Phase 3A.2/ PILOT 1� b. Upon the occurrence of an Event of Default as defined pursuant to Section 7(a) above, the Taxpayer shall have ten (10) days after the receipt of Notice from the City or County regarding such default to cure such default. C. In the event the Taxpayer has not cured such default or defaults within the time period set forth in this PILOT Agreement, then the exemption from real property taxes described herein shall be deemed to have been terminated as of the taxable status date of the City's immediately preceding fiscal year. d. Upon a termination of the exemption from real property taxes set forth in Section 7(c) above, the Taxpayer shall be liable for real property taxes on a pro -rata basis from and after the City's taxable status date immediately preceding the Event of Default and the statutory lien applicable to such real property taxes shall be deemed in effect as of the lien date normally applicable to such year's real property taxes, unless a separate basis for a real property tax exemption then exists for the benefit of Taxpayer. e. Any such termination of the real property tax exemption applicable to the Project shall not void the liability of the Taxpayer for any unpaid payments in lieu of taxes required by this PILOT Agreement prior to such termination. 8. Waiver No failure on the part of the City or the County to exercise, and no delay on the part of the City or the County in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by the City or the County preclude any other or further exercise thereof or the exercise of any other right, power or remedy. 9. Modification Neither this Agreement nor any provision hereof may be amended, modified, waived, discharged or terminated, except by an instrument in writing duly executed and agreed to by the parties hereto. 10. Counterparts This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Remainder of page intentionally left blank Page No. 4 Lakeview Phase 3A.2/ PILOT IN WITNESS WHEREOF, the City, the County, and the Taxpayer have duly executed this Agreement as of the day and year first above written. COUNTY OF ERIE CITY OF BUFFALO M . Joel A. Giambra Erie County Executive Approved as to form: Print Name Assistant County Attorney Approved as to content for the County Andrew M. Eszak Commissioner of Environment and Planning an Byron M. Brown Mayor Approved as to form: Alisa Lukasiewicz City of Buffalo Corporation Counsel Approved as to content for the City Bruna Michaux Commissioner of Assessment and Taxation LOWER WEST SIDE HOMES II HOUSING DEVELOPMENT FUND CORP. ME Gillian D. Brown, President Page No. 5 Lakeview Phase 3A.2/ PILOT EXHIBIT A Lakeview Phase 3A.2 6 Additional Units Site 1 46 York 2 Units 99.68 -1 -13 Site 2 476 Busti 2 Units 110.27 -1 -16.1 Site 3 268 Trenton 2 Units 110.43 -1 -22.1 Page No. 6 Lakeview Phase 3A.2/ PILOT 'l PILOT Agreement EXHIBIT B Lakeview Phase 3A.2 (6 rental, HUD ACC units) Schedule of Payments City County Total Year 1 (a) (c) $852.75 $284.25 $1,137.00 Year 2 (b) 878.25 292.75 1,171.00 Year 3 904.50 301.50 1,206.00 Year 4 932.25 310.75 1,243.00 Year 5 960.00 320.00 1,280.00 Year 6 988.50 329.50 1,318.00 Year 7 1,018.50 339.50 1,358.00 Year 8 1,049.25 349.75 1,399.00 Year 9 1,080.75 360.25 1,441.00 Year 10 1,113.00 371.00 1,484.00 Year 11 1,146.00 382.00 1,528.00 Year 12 1,180.50 393.50 1,574.00 Year 13 1,215.75 405.25 1,621.00 Year 14 1,252.50 417.50 1,670.00 Year 15 1,290.00 430.00 1,720.00 (a) Calculation of Payments In Lieu of Taxes: Development Project's Income per Budget Project's Net Rental Income (less 5% vacancy) Other Income - HUD ACC Subsidy $384 per 6 units per month Total $10,260 27,648 $37,908 Page No. 7 Lakeview Phase 3A.2/ PILOT 1 County PILOT B rate Annual Base Year Payment (b) 3% escalator applied to years 2 through 15 (c) First Year: City Year County Year 264360 Multiply by 3% 0.03 7/01/07 — 6/30/08 1/01/07 - 12/31/07 1 137 Page No. 8 Lakeview Phase 3A.2/ PILOT ye . Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, dated September 25, 2006, be received and filed; and That the Common Council approve the PILOT Agreement for the substituted properties located at 46 York, 268 Trent and 476 Busti of the Lakeview Project and amend the PILOT Agreement approved on October 7, 2004 to eliminate the parcel identified as 523 Busti. That the Mayor be, and he hereby is authorized to sign any and all documents necessary to execute and implement the PILOT Agreement. Passed 2 PJS:rmv tAwp60\msword\rmv\2c 10- 3a.doc *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON I------------- I [MAJ- 5] 9 o 2/3 6] W 3/4 7 1 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 22, 2006 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Proposal to Transfer Jurisdiction of 312 Clinton (Lot Size: 177 x 340) From the City of Buffalo to the Buffalo Board of Education Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, has received a letter from the Buffalo Board of Education requesting the City to transfer jurisdiction of 312 Clinton (SBL 111.142 -2.1) to the Board of Education for school purposes. Our record indicates that this vacant parcel of land is located 210 feet east of Pine and was acquired by the City in the 1920's for the Clinton Market. This parcel is no longer being used for the Clinton Market. The subject property is adjacent to School No. 32 and it appears that the Board of Education is currently maintaining it. The Division of Real Estate has contacted the Land Use Planning Committee and they have no objections to transferring jurisdiction of 312 Clinton to the Buffalo Board of Education. If the Board of Education deems that they no longer need this property for school purposes, they will transfer jurisdiction of 312 Clinton back to the City of Buffalo for disposition. This office is recommending that Your Honorable Body approve to transfer the jurisdiction of 312 Clinton from the City of Buffalo to the Buffalo Board of Education. TYPE DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TYPE TITLE: EXECUTIVE DIRECTOR OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: TEW:JPH:plg C /capass /Ctransferbd ofed -3- Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 22, 2006, be received and filed; and That the Common Council approve the transfer the jurisdiction of 312 Clinton from the City to the Buffalo Board of Education on the condition that is the Board of Education deems they no longer need this property for school purposes, they will transfer jurisdiction of 312 Clinton Street back to the City for disposition. That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Passed PJS:rmv t:\wp60\msword\rmv\3c 10- 3a.doc *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * THOMPSON * [-------- = - - - -] [MAJ- 5] 9 *- 0 *_ [ 2/3 - 6 [ 3/4 71 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 27, 2006 FROM : DEPARTMENT: Strategic Planning ; DIVISION: Real Estate SUBJECT: Request to Amend and Renew Lease Between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. for use of Various City Owned Properties Ellicott, Fillmore, Masten, Niagara & University Districts PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) Item No. 12, C.C.P. June 12, 2001 TEXT: (TYPE SINGLE SPACE BELOW) Pursuant to Item No. 12, C.C.P. 6/12/01 Your Honorable Body authorized a lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. for use of various city owned properties (see attached Schedule "A ") in order to design, develop, establish and support vegetable, fruit and flower gardens. This lease commenced on November 1, 2000 and terminated on October 31, 2005. The Division of Real Estate has received a letter from Coco Wozniak, Administrative Assistant for Grassroots Gardens requesting to renew their lease agreement for an additional five -year period (commencing retroactively on November 1, 2005 and terminating on October 31, 2010. This office recommends that Your Honorable Body renew their lease agreement for an additional five year period commencing retroactively on November 1, 2005 and terminating on October 31, 2010 providing the following conditions are added to the lease: 1. Grassroots may request additional sites to be added to the lease during the term of this agreement subject to approval of Land Use Planning and the Common Council. 2. In the event that any of the city owned properties listed in Schedule "A" are needed by the City for public use or development, the City shall give the lessee a 30 day written notice to terminate the use of that particular site. The City and the Lessee will work together in an attempt to find a replacement site for any displaced garden. All other terms and conditions of the lease shall remain the same. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TYPE TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: JPH:pIg C: mydoc:lease;Cleaseamendandrenew SCHEDULE "A" REC # ## STREET SPONSOR / CONTACT FRIENDSHIP BLOCK CLUB GARY BARNES 1007 WEST 1 84 AUBURN AVE 14213 882 -8240 STREET SYNERGY 2 3259 BAILEY MARK BOSTOPH 3292 BAILEY 14215 829 -7285 MASSACHUSETTS AVE PROJECT 3 114 BRAYTON DIANE PICARD 271 GRANT 14213 816 -0000 MONTESSORI SCHOOL 4 32 CEDAR MICHELLE STIEGLITZ 271 GRANT 14213 816 -0000 CONNECTICUT STREET ASSOCIATION 5 330 CONNECTICUT ROBIN J OHNSO N 326 CONNECTICUT 14213 884 -2892 CORNWALL AVE BLOCK CLUB 6 348 CORNWALL THEODORE & ROSEMARY JACKSON 406 CORNWALL 14215 896 -6806 HUMBER AVENUE BLOCK CLUB 7 852 DELAVAN, EAST CONNIE SNELL 30 HUMBER 14215 891 -4365 ATLANTIC - WEST UTICA UNITED VOICES BLOCK CLUB 8 489 ELMWOOD ROBERT PEDERSEN 16 ATLANTIC AVE. 14222 883- 4238 E. FERRY / WOHLERS TOUCH OF BEAUTY 9 442 FERRY, EAST WARDELL LEWIS 400 E. FERRY 14208 885 -9319 MLK BLOCK CLUB ASSOCIATION 10 1223 FILLMORE RITA GAY 778 NORTHAMPTON 14211 895 -0156 NORTHAMPTON BLOCK CLUB 11 1226 FILLMORE WENDELL WHITAKER 25 PARKSIDE AVE 14214 833 -3249 FOX STREET BLOCK CLUB 12 71 FOX GLORIA MOYE 67 FOX 14212 852 -2580 HELEN STREET BLOCK CLUB 13 11 HELEN MARY HAMMOND 92 LAFAYETTE AVE. 14213 882 -0004 NICKEL CITY CO -OP 14 278 HUDSON KIRK LAUBENSTEIN 208 NORTH 14201 474 -7045 FARGO ESTATE NEIGHBORHOOD ASSN. 15 272 JERSEY GAIL GRAHAM 247 JERSEY 14201 882 -3348 BEECHER BLOCK CLUB 16 226 MARYLAND ROBERT GUARINO 265 MARYLAND 14201 852 -0710 BEECHER BLOCK CLUB 17 259 MARYLAND ROBERT GUARINO 265 MARYLAND 14201852-0710 MASSACHUSETTS AVE PROJECT 18 383 MASSACHUSETTS DIANE PICARD 271 GRANT 14213 816 -0000 FRIENDLY FRUITBELT NEIGHBORHOOD BLOCK CLUB 19 118 MULBERRY ALTHERIA WARE 100 MULBERRY 14204 856 -9567 COMMUNITY ACTION INFORMATION CENTER 20 493 NORTHAMPTON ROSA GIBSON 103 WOHLERS 14208 885 -5925 COMMUNITY ACTION INFORMATION CENTER 21 495 NORTHAMPTON ROSA GIBSON 103 WOHLERS 14208 885 -5925 COMMUNITY ACTION INFORMATION CENTER 22 498 NORTHAMPTON ROSA GIBSON 103 WOHLERS 14208 885 -5925 COMMUNITY ACTION INFORMATION CENTER 23 499 NORTHAMPTON ROSA GIBSON 103 WOHLERS 14208 885 -5925 COMMUNITY ACTION INFORMATION CENTER 24 501 NORTHAMPTON ROSA GIBSON 103 WOHLERS 14208 885 -5925 COMMUNITY ACTION INFORMATION CENTER 25 526 NORTHAMPTON ROSA GIBSON 103 WOHLERS 14208 885 -5925 MLK BLOCK CLUB ASSOCIATION 26 831 NORTHAMPTON RITA GAY 778 NORTHAMPTON 14211 895 -0156 f REC # ## STREET SPONSOR/CONTACT MLK BLOCK CLUB ASSOCIATION 27 835 NORTHAMPTON RITA GAY 778 NORTHAMPTON 14211 895 -0156 MLK BLOCK CLUB ASSOCIATION 28 841 NORTHAMPTON RITA GAY 778 NORTHAMPTON 14211 895 -0156 NORTHLAND AVE CUSHION BLOCK CLUB 29 137 NORTHLAND THELMA RICHARDSON 144 NORTHLAND 14208 883 -9048 FRIENDLY FRUITBELT NEIGHBORHOOD BLOCK CLUB 30 126 ORANGE ALTHERIA WARE 100 MULBERRY 14204 856 -9567 FRIENDLY FRUITBELT NEIGHBORHOOD BLOCK CLUB 31 157 ORANGE ALTHERIA WARE 100 MULBERRY 14204 856 -9567 ORTON GARDENS 32 20 ORTON CHRIS BROWN 34 ORTON PL 14201 884 -1914 WEST VILLAGE RENAISSANCE GROUP 33 109 PROSPECT JUSTIN BROOKS 103 PROSPECT 14201 583 -0550 SENECA BABCOCK ASSOCIATION 34 1179 SENECA ART ROBINSON 192 MAURICE ST. 14210 822 -4778 MASSACHUSETTS AVE PROJECT 35 31 SHIELDS DIANE PICARD 271 GRANT 14213 816 -0000 MASSACHUSETTS AVE PROJECT 36 33 SHIELDS DIANE PICARD 271 GRANT 14213 816 -0000 WE CARE NEIGHBORHOOD BLOCK CLUB 37 601 SYCAMORE ELIZABETH TRIGGS 595 SYCAMORE 14212 852 -2987 WE CARE NEIGHBORHOOD BLOCK CLUB 38 603 SYCAMORE ELIZABETH TRIGGS 595 SYCAMORE 14212 852 -2987 WE CARE NEIGHBORHOOD BLOCK CLUB 39 621 SYCAMORE ELIZABETH TRIGGS 595 SYCAMORE 14212 852 -2987 WE CARE NEIGHBORHOOD BLOCK CLUB 40 623 SYCAMORE ELIZABETH TRIGGS 595 SYCAMORE 14212 852 -2987 LOWER WEST SIDE ALLIANCE 41 33 TENTH LINDA (MAE SHEPHERD) SPROERLE 48 TENTH 14201 854 -8652 LOWER WEST SIDE ALLIANCE 42 35 TENTH LINDA (MAE SHEPHERD) SPROERLE 48 TENTH 14201 854 -8652 NEW WEST VILLAGE ASSN. 43 395 VERMONT ELIZABETH MANN 406 VERMONT 14213 881 -9082 NICKEL CITY CO -OP 44 217 WEST KIRK LAUBENSTEIN 208 NORTH 14201 474 -7045 COMMUNITY ACTION INFORMATION CENTER 45 108 WOHLERS ROSA GIBSON 103 WOHLERS 14208 885 -5925 COMMUNITY ACTION INFORMATION CENTER 46 110 WOHLERS ROSA GIBSON 103 WOHLERS 14208 885 -5925 COMMUNITY ACTION INFORMATION CENTER 47 112 WOHLERS ROSA GIBSON 103 WOHLERS 14208 885 -5925 Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated September 27, 2006, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and Grassroots Gardens of Buffalo, Inc., for use of various city -owned properties, as attached as Schedule "A ", for an additional five (5) year term commencing retroactively on November 1, 2005 and terminating October 31, 2010. All other terms and conditions of said lease agreement shall remain including but not limited to those conditions as listed above. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. Passed C ,. PJS:mv T:\wp60\msword\rmv \4c I 0- 3a.doc i *AYE* NO * BONIFACIO * * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL s THOMPSON [ ------------- ] [MAJ- 5] [2/3 - 6] [ 3/4 = 7 ] * * * #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 27, 2006 FROM: DEPARTMENT: Office of Strategic Planning U q, < DIVISION: Real Estate SUBJECT: Results of Negotiations 551 Best, 99' E Johnson Lot Size: 31'x 126' Assessed Valuation: $1,200. (Ellicott District) PRIOR COUNCIL REFERENCE: The Office of Strategic Planning, Division of Real Estate has received a request to purchase 551 Best from Mr. (NFN) Zulkharnain, power of attorney for Mrs. Nazeer Mahatalath, 543 Best, Buffalo, New York 14208. Mrs. Mahatalath owns and resides at 543 Best and intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City by the purchaser. The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sale prices range from Twenty -Five Cents ($ .25) to Sixty -Five Cents ($.65), per square foot. The results of our negotiations are that Mrs. Mahatalath has agreed and is prepared to pay One Thousand Two Hundred Dollars ($1,200), Thirty Cents ($ .30) per square foot, for the subject property. Mrs. Mahatalath has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 551 Best to Mrs. Nazeer Mahatalath in the amount of One Thousand Two Hundred Dollars ($1,200). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: TEW:JPH:ck Resnegllsales TIMOTHY E. WANAMAKER EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING `7 a_ J Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 27, 2006, be received and filed; and That the offer from Mr. (NFN) Zulkharnain, power of attorney for Mrs. Nazeer Mahatalath, 543 Best Street, in the sum of one thousand and two hundred dollars ($1,200.00) for the purchase of 551 Best Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed 5 PJS:rmv tAwp60\msword\rmv\5c 10- 3a.doc z [ ------------- ] [MAJ- 51 * 9 * 0 [ 2/3 - 6 [ 3/4 - 7 BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * �` RUSSELL THOMPSON [ ------------- ] [MAJ- 51 * 9 * 0 [ 2/3 - 6 [ 3/4 - 7 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 27, 2006 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 191 Dodge, 537' E Michigan Lot Size: 30' x 125' Assessed Valuation: Land: $ 1,700 Total: 21,000 (Ellicott District) PRIOR COUNCIL REFERENCE: The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 191 Dodge from Mr. Tracy L. Jones, 189 Dodge, Buffalo, New York 14209. Mr. Jones intends to make repairs in the amount of Four Thousand Dollars ($4,000), in order to bring 191 Dodge into code compliance and use as a place of residence. The purchaser has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and rehabilitate 191 Dodge. This structure is a one and one half story single family two bedroom home having 1,514 square feet of living area with a one car detached garage situate on a lot 30'x 125' in fair condition. The Department of Permits and Inspection Services and the Division of Collections have no objections to the sale. There are no code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales prices range from Two Dollars and Fifty -Two Cents ($2.52) to Seven Dollars and Fifty Cents ($7.50), per square foot of living area. The results of our negotiations are that Mr. Jones has agreed and is prepared to pay Three Thousand Eight Hundred Dollars ($3,800), Two Dollars and Fifty Two Cents ($2.52) per square foot of living area. He has also agreed to pay for the cost of transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 191 Dodge to Mr. Tracy L. Jones in the amount of Three Thousand Eight Hundred Dollars ($3,800). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: TEW:JPH:ck Resneg13 /sales 6 Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 27, 2006, be received and filed; and That the offer from Mr. Tracy L. Jones, residing at 189 Dodge Street, in the sum of three thousand and eight dollars ($3,800.00) for the purchase of 191 Dodge Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed 0 PJS:rmv t:\wp60\msword\rmv \6c 10- 3a.doc j *AYE* NO BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [-------- - - - - -] [MAJ- 5] * 9 0 [ 2/3 - 61 [ 3/4 - 71 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 25, 2006 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Division of Real Estate s h Ft a _a SUBJECT: Results of Negotiations 34 Eighteenth, 285' SE Massachusetts Lot Size: 30' x 50' Assessed Valuation: $2,200. (Niagara District) PRIOR COUNCIL REFERENCE: The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 34 Eighteenth Street from Ms. Shalisha S. Bishop, 26 Eighteenth Street, Buffalo, New York 14213. Ms. Bishop owns a two family dwelling at 30 Eighteenth. She intends to use the vacant lot for additional yard space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sales prices range from Fifty Cents ($ .50 ) to One Dollar and Fifty Cents ($1.50 ), per square foot. The results of our negotiations are that Ms. Bishop has agreed and is prepared to pay Seven Hundred Fifty Dollars ($750.), Fifty Cents ($ .50) per square foot, for the vacant parcel. Ms. Bishop has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 34 Eighteenth Street to Ms. Shalisha Bishop in the amount of Seven Hundred Fifty Dollars ($750.). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. TITLE: SIGNATURE OF DEPARTMENT HEAD: TEW:JPH:ck Resneg0 /sales TIMOTHY E. WANAMAKER EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING 1 Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 25, 2006, be received and filed; and That the offer from Ms. Shalisha S. Bishop, residing at 26 Eighteenth Street, in the sum of seven hundred and fifty dollars ($750.00) for the purchase of 34 Eighteenth Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed 7 k PJS:rmv t:\wp60\msword\rmv \7c 10- 3a.doc RUSSELL THOMPSON ------------- [MAJ- 51 9* 0 2/3 61 3/4 7 1 *AYE* NO BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON ------------- [MAJ- 51 9* 0 2/3 61 3/4 7 1 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 21, 2006 4 FROM DEPARTMENT: Strategic Planning p DIVISION: Real Estate SUBJECT: Utility Easement Agreement Niagara Mohawk Power Corporation for Use of 2827 Main Street — School No. 200 Masten District PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, has received the attached easement agreement from National Grid. They are requesting this easement in order to relocate their electric distribution facilities required to provide new electric service to Bennett High School, as described in the attached proposed easement "Exhibit A ". This office has contacted the Department of Public Works and they have no objections to this easement. We are recommending that Your Honorable Body approve the attached easement agreement. I am further recommending that the Corporation Counsel's Office review said agreement for their approval as to form and that Your Honorable Body authorizes the Mayor to execute the same. TYPE DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TYPE TITLE: EXECUTIVE DIRECTOR OFFICE OFSTRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD. TEW:JPH:plg C Ilea se /ce ase2837m a i n REFERRED TO THE COMMITTEE ON FINANCE. Coryni a "c J P(CS � STS. ) ceid C 00e "5« . a KIM M 3OHNSON Consumer Representative Business Services Department 716.831.7757 Fax: 716.831.5151 September 7, 2006 Mr. William Moss Assistant Engineer Plant Dept. Buffalo Public Schools 406 City Hall 65 Niagara Square Buffalo, NY 14202 RE: Overhead- Underground Electric Distribution Easement 2837 Main St., Buffalo Dear Mr. Moss: Enclosed please find the revised easement agreement with National Grid for the above referenced location as it pertains to the relocation of our electric distribution facilities required to provide the new electric service to Bennett High School. Please have the agreement signed and notarized where indicated, and return it to me in the enclosed envelope. If you have any questions, please contact me at (716) 831 -7757. Sincere I l Kim M Johnson Consumer Representative Business Services 144 Kensington Avenue Buffalo, New York 14214 -2799 Kim.]ohnson @us.ngrid.com GRANT OF EASEMENT s � 3 4 Y City of Buffalo of 65 Niagara Square, Buffalo, New York (hereinafter referred to as "Grantor "), for consideration of One Dollar ($1.00), and other valuable considerations paid, the receipt and sufficiency of which are hereby acknowledged under seal, hereby grants to NIAGARA MOHAWK POWER CORPORATION, a New York corporation, having an address at 300 Erie Boulevard West, Syracuse, New York 13202 (hereinafter referred to as "Grantee "), for Grantee and its lessees, licensees, successors, and assigns, the perpetual right and easement as described in Section 1 below (the "Easement") in, under, through, over, across, and upon the Grantor's land, as described in Section 2 below (the "Grantor's Land "). Section I — Description of the Easement The "Easement" granted by the Grantor to the Grantee consists of a perpetual easement and right -of -way, with the right, privilege, and authority to: a. Construct, reconstruct, relocate, extend, repair, maintain, operate, inspect, patrol, and, at its pleasure, abandon or remove any poles, crossarms, anchors, guys, insulators, overhead wires and underground electric facilities including a line or lines of wires or cables (either direct - buried or installed in underground conduits), handholes, manholes, conduit, vaults, junction boxes, pad -mount transformers, housings, connectors, switches and switching equipment, pipes, pedestals, closures, ducts and duct work, markers, cables, connections to overhead and underground wires, insulators, transformers, braces, fittings, foundations, anchors, lateral service lines, communications facilities, and other fixtures and appurtenances (collectively, the "Facilities "), which the Grantee shall require now and from time to time, for the transmission and distribution of high and low voltage electric current and for the transmission of intelligence and communication purposes, by any means, whether now existing or hereafter devised, for public or private use, in, upon, over, under, and across that portion of the Grantor's Land described in Section 3 below (the "Easement Areal% and the highways abutting or running through the Grantor's Land, and to renew, replace, add to, and otherwise change the Facilities and each and every part thereof and the location thereof within the Easement Area, and utilize the Facilities within the Easement Area for the purpose of providing service to the Grantor and others; b. From time to time, without further payment therefore, clear and keep cleared, by physical, chemical, or other means, the Easement Area of any and all trees, vegetation, roots, aboveground or belowground structures, improvements, or other obstructions and trim and/or remove other trees, roots and vegetation adjacent to the Easement Area that, in the opinion of the Grantee, may interfere with the construction, operation, and maintenance of the Facilities. The first clearing may be for less than the full width and may be widened from time to time to the full width; C. Excavate or change the grade of the Grantor's Land as is reasonable, necessary, and proper for any and all purposes described in this Section 1; provided, however, that the Grantee will, upon completion of its work, backfill and restore any excavated areas to reasonably the same condition as existed prior to such excavation; and d. Pass and repass along the Easement Area to and from the adjoining lands and pass and repass over, across, and upon the Grantor's Land to and from the Easement Area, and construct, reconstruct, relocate, use, and maintain such footbridges, causeways, and ways of access, if any, thereon, as is reasonable and necessary in order to exercise to the fullest extent the Easement. Section 2 — Description of Grantor's Land The "Grantor's Land" is described in a certain Deed recorded in the Erie County Clerk's office on Nov. 2, 1921, in Liber 01584 of Deeds at Page 00236; on Dec. 7, 1923, in Liber 1693 of Deeds at Page 472; and on Dec. 7, 1923, in Liber 1703 of Deeds at Page 536 and consists of land described as being part of Tax Parcel No. SBL #79.77 -7 -1 of the City of Buffalo, County of Erie, State of New York, commonly known as Bennett High School, 2837 Main St., Buffalo New York. Section 3 — Location of the Easement Area The "Easement Area" shall consist of a portion of the Grantor's Land 10 feet in width throughout its extent, the centerline of the Easement Area being the centerline of the Facilities. The general location of the Easement Area is shown on the sketch entitled " Exhibit A " which sketch is attached hereto and recorded herewith, copies of which are in the possession of the Grantor and the Grantee. The final and definitive location(s) of the Easement Area shall become established by and upon the final installation and erection of the Facilities by the Grantee in substantial compliance with Exhibit .A hereto. Section 4 — Facilities Ownership It is agreed that the Facilities shall remain the property of the Grantee, its successors and assigns. Section 5 — General Provisions The Grantor, for itself, its heirs, legal representatives, successors, and assigns, hereby covenants and agrees with the Grantee that no act will be permitted within the Easement Area which is inconsistent with the Easement hereby granted; no buildings or structures, or replacements thereof or additions thereto, swimming pools, or obstructions will be erected or constructed above or below grade within the Easement Area; no trees shall be grown, cultivated, or harvested, and no excavating, mining, or blasting shall be undertaken within the Easement Area without the prior written consent of the Grantee, it being the intent that the Easement herein conveyed is intended to prohibit the longitudinal or parallel} use or occupancy of said Easement Area by surface or subsurface activities or structures which might damage or interfere with the Facilities; the Easement shall not be modified nor the Easement Area relocated by the Grantor without the Grantee's prior written consent; the present grade or ground level of the Easement Area will not be changed by excavation or filling; the Grantee shall quietly enjoy the Grantor's Land; and the Grantor will forever warrant title to the Grantor's Land. The Grantee, its successors and assigns, are hereby expressly given and granted the right to assign this Easement, or any part thereof, or interest therein, and the same shall be divisible between or among two or more owners, as to any right or rights created hereunder, so that each assignee or owner shall have the full right, privilege, and authority herein granted, to be owned and enjoyed either in common or severally. This Grant of Easement shall at all times be deemed to be and shall be a continuing covenant running with the Grantor's Land and shall inure to and be binding upon the successors, heirs, legal representatives, and assigns of the parties named in this Grant of Easement. IN WITNESS WHEREOF, the Grantor has duly executed this Grant of Easement under seal this day of ,20 City of Buffalo S.) Title: State of ss: County of On the day of , in the year , 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(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public 2 cza NAVI i IIFE V3bV a 1� 30NVNiN3 Eff 29 �8H -* k kw n8v . w 9NllNn Id In 3S'M'QH -MIAV 7 r 0 gL f7 co cis IV03 39v801s Ivai 0 0 11 to '�T 101 DNrAWd 33VSM 3OV?J2131 ww 8 33V8831 00 101UNDPW M fTt r 1 % r,f - +9 WTUJ bGS7 'PE 14 FROM THE COMPTROLLER Certificate of Necessity Transfer of Funds Common Council — Legislative -� We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $3,000 be transferred and reappropriated within Common Council Legislative, as set forth below: From: Common Council Legislative 10102001 — 412002 Hourly Salary To: Common Council Legislative 10109004 —458001 10109004— 458002 Dated: Buffalo, NY, September 18, 2006 $3,000 $1,500 $1,500 Comptroller 09/18/2006 11:47 716 - 851-4845 CITY CLERK OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLD, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vitas Statistics September 18, 2006 Donna Estrich, Commissioner Department of Administration and Finance 203 City Hall Buffalo, NY 14202 PAGE 01 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 Dear Donna: Please prepare a Late File for the next Common Council Meeting 09/19/2006 for A Transfer in funds Councllmember 8 From 10102001 412002 $3,000.00 Total $3,000.00 To 10109004 458001 $1,500.00 10109004 458002 $1,500.00 Total $3,000.00 Thank you Yours truly, Gerald Chwalinski City Clerk r. t 15 FROM THE PRESIDENT OF THE COUNCIL THE HISTORY FROM wTfl=. TO "Y11tDW" On October 12, 1950, the Buffalo Munic al Housin4 Authority broke ground, on the waterfront, for Dante Place It was 1P considered as a model for future public ho and, at the ground- breaking, the state housing commission announced an allocation of $25,000 to build the Ellicott ball and also committed to building other high -rise housing. Sadly, by-,the time a study was completed for The Woodlawn Organization (TWO) in Chicago, which documented the problems inherent in high -rase public housing, Dante Place had fa -.led. Ellicott Mail, Frederick Douglass Towers and Kensington Heights were soon to follow. Future- minded city leaders and downtown businessmen :were concerned the growing eyesore of Dante Place would destroy all hope of any long --tern development of the waterfront area. They began to explore the changes which would have to take place if the area was to survive. They ,joined with a group of citizens who, adhering to the laws under which the complex was built and bonds were issued, Formed a limited - dividend housing corporation called marine Drive Apartments, BMHA granted a forty -year lease for the property, and a tenant cooperative (known as "the co -op ") began to manage Marine Drive. Under the co-op, Marine Drive became a success story for the city. While the waterfront on which the complex stood was desolate and weedy, Marine Drive had clean buildings and the grounds surrounding the complex were nicely landscaped. Moreso, while Ellicott Mali and Frederick Douglass Towers each faltered with a vacancy rate exceeding 65 %, Marine Drive had 100% occupancy and a waiting list of hundreds. The co -op had also built a reserve fund of $4.5 million, Nevertheless, early in 2003, after being leased to the co-op for four decades, the Masiello administration was said to be "reconsidering" what to do with Marine Drive Apartments. By .January 2004, the co -op had been denied an extension of its lease, and /Kissling had been awarded a contract to manage Marine Drive. Richard Hutchens was under investigation for a "dear" he made with the New York State Canal Corporation; Anthony Kissling was known for his acquisition of property in Buffalo and is reported to have entered into partnership with Hutchens for the sole purpose of purchasing Marine Drive Apartments. In a Buffalo News article (8/1/2003) a Marine Drive resident "hypothesized a scenario in which management would lead to poor maintenance and security, in an attempt to get people to move out ". Other residents didn't want to see Marine Drive revert to Dante Place, and °feared the new management would "orchestrate to second demise of the complex ". Sadly, these prophesies proved to be correct. U WHAT DO WE HAVE IN COMMON ? During the years of the co -op, the residents of Marine Drive cherished their homes and the waterfront on which the complex. stood. They welcomed their new "neighbors" - the Naval Park and the Hatch, the marina and the restaurant. They were impressed by the high -scale housing being built, and grateful to the city leaders who had made it - possible for low- to middle- income, elderly and retired people, to share the waterfront dream. A core of those early residents remain. They are concerned because, under the Hutchens /Kissling management:, the quality of Marine Drive has deteriorated. Many of the residents who have been admitted, have caused problems in the complex, in the naval park, and along the waterfront. Moreso, the vacancy rate hovers in the range of 70 -75 units, which represents a significant loss of income for the complex. Under Hutchens /Kissling management, the reserve account has not been funded, and a deficit of over $1.5 million has been created. The first priority of current residents, is to acquire new management who will restore Marine Drive to a viable part of the waterfront community. There are, however, many residents who fear the deficit will prompt the city to sell Marine Drive. Thankfully, back in 2004, in response to news articles and statements made by city officials about the sale of Marine Drive, a group of residents formed Queens Landing. Put quite simply, the intention of Queens Landing is, if Marine Drive is sold, the residents would buy it. This would make it possible for residents to buy their apartments, at an affordable price, rather than lose their homes'to an outside buyer (i.e. a developer, a real estate investor) who would seek to make a profit on the Marine Drive misfortune. Current Mayor Byron Brown is supportive of the efforts by the residents to achieve new management. He also has stated his support for Queens Landing, in the event Marine Drive is' sold. WHAT DO WE HAVE IN COMMON ? As a rental community, or as a complex owned by the residents, we in Marine Drive Apartments share your goal of maintaining and creating the Buffalo waterfront as a viable, exciting and attractive location for people both living in and visiting the city. DO YOU BELIEVE IN "COINCIDENCE" ? We have two strangely "coincidental" time - lines. 1. The contract between the New Yorks State Canal Corporation and Richard Hutchens, was the subject of controversy ... in the Spring ... January 12, 2003 : Buffalo News Buffalo begins "reconsidering" what to do with Marine Drive. and Summer of 2003. July 24, 2003 : Buffalo News Buffalo plans to hire an "interim manager" for Marine Drive during "sale efforts ". 2. On 12/10/2003 ... Eliot Spitzer was requested to "investigate" the Canal Corporation and Hutchens. ... and twenty -nine days later ... on 1/8/2004 ... Hutchens and Kissling were awarded an "interim" contract to manage Marine Drive. We have two "coincidental" similarities between some of the findings in the Canal investigation and the circumstances of Hutchens /Kissling being designated to manage Marine Drive. 1. The investigation noted the Request for Proposals "had the outward appearance of competitiveness while, in essence, guaranteeing the contract to Hutchens !% BMHA Executive Director Sharon West reported none of the proposals met the NYS technical requiremesnts, but went on ,to name Hutchens /Kissling as the "interim" manager. She said the Request for Proposals would be "reissued" but, reportedly, Hutchens /Kissling were the only applicants in the second round. 2. The investigation also noted there was not "due diligence" conducted into Hutchen's background. Hutchens "managed" and Kissling "owned" several small properties throughout Western New York, but nothing which qualified them to manage the 7- building, 616- apartment Marine Drive complex. WHY WOULD ANYONE °STRIVE TO FAIL" ? Under prior management, Marine Drive was "a well maintained safe and attractive place to live", as defined by the BMHA Executive Director Sharon West in the 1/8/2004 Memorandum of Understanding. Under Hutchens /Kissling management, - maintenance problems, reported in October 2004,` have not yet been corrected; - 911 calls, escalating in violence, have increased; - cockroach infestations and poor custodial work, in three buildings, have not been addressed; as documented by the Marine Drive Resident Council. Under prior management, Marine Drive was fully occupied with a typical waiting list of several hundred people. Under Hutchens /Kissling management, the vacancy rate hovers in the range of 70 -75 units which represents a significant loss of income for the property. Under prior management, over $4.5 million was placed in a reserve account and Marine Drive operated in - black Under Hutchens /Kissling management, no money has been placed in the reserve account, and Marine Drive is in- the - red with with a deficit of over $1.5 million. WHY WOULD HUTCHENS /KISSLING SYSTEMATICALLY DESTROY THE SAFE, CLEAN, FINANCIALLY VIABLE MARINE DRIVE COMMUNITY ? - Kissling, known for his acquisition of property in Buffalo, is reported to have entered the partnership with Hutchens for the sole purpose of purchasing Marine Drive. - Hutchens has been heard to boast that an agreement made,. at the time their management contract was negotiated, grants them first right of purchase should the decision be made to sell Marine Drive. WHY WOULD BUFFALO DECIDE TO SELL MARINE DRIVE ? - May 16th, reporting on the Marine Drive deficit, Dorothy Johnson informed the Fiscal Stability Authority that it is usual practice for New York State to require cities having housing in the state portfolio (i.e. Marine Drive) to pick up any financial " short - fall (i.e. deficit).' - The current Mayor of Buffalo, Byron Brown, made it clear. to the Fiscal Stability Authority that the city is not in anY financial position to p y this deficit ) LU W F- w LLJ LLJ t� CL in w F-- u.. � w Uj Ll- LU WHY WOULD ANYONE "REWARD" HUTCHENS /KISSLING BY GRANTING THEM THE RIGHT TO PURCHASE MARINE DRIVE APARTMENTS ? ) l 16 FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION t , # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: September 26, 2006 FROM: DEPARTMENT: Assessment & Taxation DIVISION: SUBJECT: [: City of Buffalo In Rem 40 [: Foreclosure Sale October [: 23, 24 and 25, 2006 [: Legal Assistance Availability PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) In an attempt to ensure that taxpayers who are experiencing financial hardship have access to legal services, the Department of Assessment and Taxation is providing those taxpayers with the attached information sheet, "How to Obtain Assistance to Avoid Foreclosure" describing the availability of low cost and free legal assistance to obtain Court Orders to stop the foreclosure. We have provided it to the Department of Public Works, Parks & Streets, User Fee Office, and American Water Service and the Buffalo Sewer Authority to post in their customer intake areas and provide to taxpayers facing foreclosure. The information sheet has also been posted to the City of Buffalo website and to the cable television government access channel and provided to the Mayor's office to provide to the media. We are filing it with the Common Council as an informational item so that it may be made a part of the public record. TYPE DEPARTMENT HEAD NAME: Bruna Michaux CITY OF BUFFALO �A DEPARTMENT OF ASSESSMENT AND TAXATION 65 Niagara Square * Room 101 City Hall • Buffalo, NY 14202 -3385 Phone: (716) 851 -5733 BYOWN W. BROWN BRUNA MICHAUX Mayor Commissioner HOW TO OBTAIN ASSISTANCE TO AVOID FORECLOSURE SALE SCHEDULED FOR OCTOBER 23.24 && if you need assistance to avoid foreclosure, you are strongly encouraged to retain an attorney. If you cannot afford an attorney, you may qualify for legal assistance through one of the agencies listed below. LEGAL SERVICES FOR THE ELDERLY, DISABLED OR DISADVANTAGED OF WESTERN NY Room 821 Ellicott Square Building, 295 Main Street, Telephone: 853 -3087 Property Must be Owner- Occupied; Must be 60 or Older, Disabled or Disadvantaged LEGAL AID BUREAU OF BUFFALO 237 Main Street (corner Main & Seneca), Room 1602, Telephone: 853 -9555 — Ext. 453 Property Must be Owner - Occupied; Must meet income guidelines VOLUNTEER LAWYERS PROJECT 107 Delaware Avenue (Statler Building), Telephone: 847 -0662 Must meet income guidelines YOU ARE STRONGLY ENCOURAGED TO RETAIN AN ATTORNEY. HOWEVER IF YOUR INCOME DOES NOT FALL WITHIN THE INCOME GUIDELINES OF THESE AGENCIES AND DUE TO FINANCIAL HARDSHIP YOU CANNOT AFFORD TO RETAIN A PRIVATE ATTORNEY, YOU STILL HAVE THE RIGHT TO SEEK COURT INTERVENTION WITHOUT AN ATTORNEY TO AVOID FORECLOSURE. ATTORNEYS REPRESENTING THE CITY OF BUFFALO WILL BE AVAILABLE TO SPEAK WITH YOU AT THE ERIE COUNTY COURTHOUSE ON OCTOBER 18 19 AND 20 2006 FROM 9:30 —11:00 A.M. AND 2:00 — 3:30 P.M. DIRECTIONS TO THE COURTHOUSE: ERIE COUNTY COURTHOUSE 25 DELAWARE AVENUE (BETWEEN CHURCH & WEST EAGLE STREETS) PART 22, FOURTH FLOOR YOU WILL BE REQUIRED TO PASS THROUGH A METAL DETECTOR DEPUTY SHERIFF ASSIGNED TO DOOR WILL DIRECT YOU TO 4 FLOOR TO THE COMMON COUNCIL DATE: , 0 � S tuber 20, 2006 FROM THE DEPARTMENT OF ASSESSMENT & TAXATION SUBJECT: Certiorari Proceedings Randall Benderson 1993 -1 Trust. 333 Amherst Street This is to advise that the taxpayer, Randall Benderson 1993 -1 Trust, instituted certiorari proceedings on 333 Amherst Street, Buffalo, New York, regarding the assessments for fiscal year 2006 -2007. The assessment was reviewed by the Department and the taxpayer expressed a willingness to settle the proceedings. The final assessment for fiscal years 2006 -2007 was $4,417,000 for each year. The taxpayer is agreeable to a settlement, which would result in a reduction to $4,267,000 for the 2006 -07 tax year on 333 Amherst Street. The taxpayer would be entitled to a refund of $2,706.34 for the 2006 -07 July Installment. Based on a review of the current market value of the property, I feel this settlement would be in the best interest of the City. I recommend this settlement, in which the Department of Law concurs. A reduction is recommended because the property is assessed at a higher rate per square foot than similar properties. The proposed settlement is subject to approval by Your Honorable Body. I therefore request that the Corporation Counsel be authorized to settle the 2006 -2007 certiorari proceedings on 333 Amherst Street by reducing the 2006 -2007 assessment from $4,417,000 to $4,267,000. DEPARTMENT HEAD NAME: Bruna Michaux TITLE: Commissioner u : IZO WP60 \MSWORD \COUNCIL\259delaware.doe SIGNATURE OF DEPARTMENT HEAL °'7 / 'REFERRED TO THE COMMITTEE � d # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL a_ Date: September 26, 2006 FROM: DEPARTMENT: Assessment and Taxation DIVISION: SUBJECT: (: Grass Cutting Invoice Transfers ( Item 17, C.C.P. September 19, 2006 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) In response to the Common Council communication submitted by Joseph N. Giambra, Commissioner of the Department of Public Works, Parks & Streets, requesting that unpaid invoices for grass cutting be placed on the Local tax rolls, it is the policy of the Department of Assessment and Taxation to assess all Local Assessment liens to the first half of the tax roll of the next succeeding fiscal year, pursuant to Section 28 -13 of the City of Buffalo Charter and Code. However, prior to doing so, the Department of Assessment and Taxation must first comply with all of the requirements of Sections 28 -15, 28 -17, 28 -40, 28- 41, 28 -42, 28 -43, 28 -52, 28 -53, of the City of Buffalo Charter and Code. When the communication is approved by your Honorable Body, the Special Assessment for Locals process starts. The Department of Assessment and Taxation sends a notices to property owners informing them of the Special Assessment Charge and gives them ten days to protest the charge. At the same time, the information is submitted to the City Record for publication for a period of ten working days. At the expiration of ten days, the Local Assessment Roll is signed by the City Clerk and forwarded to the Law Department to approve as to form. After approval by the Law Department, a certiorari proceeding must be published in the City Record for two consecutive days in two consecutive weeks. The lien date is set and Local Assessment bills, such as grass and tree cutting, sidewalk repairs, demolition, etc., are sent out giving the property owner thirty days to pay without interest. The local assessment year ends February 28 and any bills over thirty days outstanding on March 1 are added to the July 1 first half tax. The grass cutting charge will be added to the July 1, 2007 -08 tax bill. TYPE DEPARTMENT HEAD NAME TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Bruna Michaux Commissioner 17/18 FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS #3 (Re ✓ 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 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 August 28, 2006 MIS in the Department of Division of to the Position of Computer Operator Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non - Competitive (Insert one) Permanent APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) Third jEnter Starting Salary) : Starting Salary of $ 35497 LAST JOB TITLE Sr. Data Processing Equipment Operator NAME Kenneth Doverspike LAST DEPARTMENT MIS DATE 8/28/2006 ADDRESS 312 Parkridge Ave. LAST SALARY $35063 CITY & ZIP Buffalo, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX -1358 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 10871001 TITLE CODE NO 0910 BUDGET ACCT. OBJ. 41101 PROJ. ID PERSONNEL REQ. NO 2006 -18 SALARY RANGE OF POSITION 32730 -38277 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Third step is $250.00 greater than his current salary. NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: �r�r` +��CI >��,' �t�U� -_I f • S DATE: C"i - "I c C 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) 19 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS #1 (Rev. 7/00) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 18, 2006 FROM: DEPARTMENT: Public Works, Parks, and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10134 [: on Indian Church Road, northwest side [: between Seneca Street [: and a point 235 feet northeast therefrom [: South District PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. ( Item No. xxx C.C.P. xx/xx/xx NO PARKING -REPEAL 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Indian Church Road, northwest side At all times between Seneca Street and a point 235 feet northeast therefrom This restriction was installed in 1965 for loading docks of a furniture store and a grocery store which are no longer in use and therefore is not needed and will open up much needed residential on street parking. JNG /DEK/EDS /RWS TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (nd ja.ChumhsenecaNPATRep.] #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 28, 2006 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx C.C.P. xx/xx/xx NO PARKING (ALTERNATE - TYPE I) - REPEAL [: Notification Serial # 10135 [: Repeal Alternate Parking - Type I [: Bidwell Parkway, northwest drive [: between Elmwood Avenue [: and Potomac Avenue [: (North District) 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Bidwell Parkway, northwest side between Elmwood Avenue and Potomac Avenue Bidwell Parkway, southeast side between Elmwood Avenue and Potomac Avenue PROHIBITED PERIOD 4:00 p.m. Wednesday to 4:00 p.m. Sunday 4:00 p.m. Sunday to 4:00 p.m. Wednesday This action is being taken in order to provide additional on street parking on Bidwell Parkway. JNG /DEK/EDS TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: v (ns10135.doe) #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 28, 2006 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: [: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx C.C.P. xx /xx /xx NO PARKING (ALTERNATE - TYPE I) - REPEAL Notification Serial # 10136 Repeal Alternate Parking Type I Bidwell Parkway, northwest drive between Colonial Circle and the northeast building line extended of #96 Bidwell Parkway (North District) 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Bidwell Parkway, northwest side 4:00 p.m. Wednesday to between Colonial Circle 4:00 p.m. Sunday and the northeast building line extended of #96 Bidwell Parkway This action is being taken in order to provide additional on street parking on Bidwell Parkway. JNG /DEK /EDS TYPE DEPARTMENT HEAD NAME TYPE TITLE SIGNATURE OF DEPARTMENT HEAD Daniel E. Kreuz, P.E. City Engineer (ns10136.doc) #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 28, 2006 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: [: Notification Serial # 10137 [: Repeal Alternate Parking - Type I [: Bidwell Parkway, northwest drive [: between Colonial Circle [: and a point 295' northeast [: of West Delavan Avenue [: (North District) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No xxx C.C.P. xx/xx/xx NO PARKING (ALTERNATE - TYPE I) - REPEAL 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Bidwell Parkway, southeast side 4:00 p.m. Sunday to between Colonial Circle 4:00 p.m. Wednesday and a point 295' northeast of West Delavan Avenue This action is being taken in order to provide additional on street parking on Bidwell Parkway. JNG /DEK/EDS TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: (ns10137.doc) Daniel E. Kreuz, P.E. 91 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 28, 2006 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx C.C.P. xx/xx/xx NO PARKING (ALTERNATE - TYPE I) - REPEAL [: Notification Serial # 10138 [: Repeal Alternate Parking - Type I [: Bidwell Parkway, southeast drive [: between Colonial Circle [: and Potomac Avenue [: (North District) 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Bidwell Parkway, northwest side between Colonial Circle and Potomac Avenue Bidwell Parkway, southeast side between Colonial Circle and Potomac Avenue PROHIBITED PERIOD 4:00 p.m. Wednesday to 4:00 p.m. Sunday 4:00 p.m. Sunday to 4:00 p.m. Wednesday This action is being taken in order to provide additional on street parking on Bidwell Parkway. JNG /DEK/EDS TYPE DEPARTMENT HEAD NAME TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: (nsI0138.doc) Daniel E. Kreuz, P.E. 91 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 28, 2006 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx C.C.P. xx /xx/xx NO PARKING (ALTERNATE - TYPE II) - INSTALL [: Notification Serial # 10139 [: Install Alternate Parking - Type II [: Bidwell Parkway, northwest drive [: between Soldiers Circle [: and Colonial Circle [: (North District) 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Bidwell Parkway, northwest side between Soldiers Circle and Colonial Circle Bidwell Parkway, southeast side between Soldiers Circle and Colonial Circle PROHIBITED PERIOD 9:00 a.m. - 4:00 p.m. Thursday, Friday 9:00 a.m. - 4:00 p.m. Monday, Tuesday, Wednesday This action is being taken in order to provide additional on street parking on Bidwell Parkway. JNG /DEK/EDS TYPE DEPARTMENT HEAD NAME TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: (ns10139.doc) Daniel E. Kreuz, P.E. i #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL �- J TO: THE COMMON COUNCIL DATE: September 28, 2006 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx C.C.P. xx/xx/xx NO PARKING (ALTERNATE - TYPE II) - INSTALL [: Notification Serial # 10140 [: Install Alternate Parking - Type II [: Bidwell Parkway, southeast drive [: between Soldiers Circle [: and Colonial Circle [: (North District) 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Bidwell Parkway, northwest side between Soldiers Circle and Colonial Circle Bidwell Parkway, southeast side between Soldiers Circle and Colonial Circle PROHIBITED PERIOD 9:00 a.m. - 4:00 p.m. Thursday, Friday 9:00 a.m. - 4:00 p.m. Monday, Tuesday, Wednesday This action is being taken in order to provide additional on street parking on Bidwell Parkway. JNG /DEK/EDS TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: (ns10140.doc) #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 28, 2006 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No xxx C.C.P. xx/xx/xx NO PARKING (ALTERNATE - TYPE II) - REPEAL [: Notification Serial # 10141 [: Repeal Alternate Parking - Type II [: Lafayette Avenue [: between Niagara Street [: and Gates Circle [: (Niagara District) 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Lafayette Avenue, south side between Niagara Street and Gates Circle Lafayette Avenue, north side between Niagara Street and Gates Circle PROHIBITED PERIOD 9:00 a.m. - 4:00 p.m. Thursday, Friday 9:00 a.m. - 4:00 p.m. Monday, Tuesday, Wednesday This action is being taken in order to provide safe loading and unloading of buses at Lafayette High School. (see next 3 serials) JNG/DEK/EDS TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: (ns10141.doc) #1 (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 NO PARKING (ALTERNATE - TYPE II) - INSTALL DATE: September 28, 2006 [: Notification Serial # 10142 [: Install Alternate Parking - Type II [: Lafayette Avenue [: between Niagara Street [: and Baynes Avenue [: (Niagara District) 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Lafayette Avenue, south side between Niagara Street and Baynes Avenue Lafayette Avenue, north side between Niagara Street and Baynes Avenue PROHIBITED PERIOD 9:00 a.m. - 4:00 p.m. Thursday, Friday 9:00 a.m. - 4:00 p.m. Monday, Tuesday, Wednesday This action is being taken in order to provide safe loading and unloading of buses at Lafayette High School. (see previous and next 2 serials) JNG /DEK/EDS TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE SIGNATURE OF DEPARTMENT HEAD (ns 10 142.doc) City Engineer i #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 28, 2006 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No xxx C.C.P. xx/xx /xx NO PARKING (ALTERNATE - TYPE II) - INSTALL [: Notification Serial # 10143 [: Install Alternate Parking - Type II [: Lafayette Avenue [: between Colonial Circle [: and Gates Circle [: (Niagara District) 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Lafayette Avenue, south side between Colonial Circle and Gates Circle Lafayette Avenue, north side between Colonial Circle and Gates Circle PROHIBITED PERIOD 9:00 a.m. - 4:00 p.m. Thursday, Friday 9:00 a.m. - 4:00 p.m. Monday, Tuesday, Wednesday This action is being taken in order to provide safe loading and unloading of buses at Lafayette High School. (see previous 2 and next serials) JNG /DEK/EDS TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: (ns 10 143.doc) t #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 28, 2006 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: [: Notification Serial # 10144 [: No Standing School Days - Install [: on Lafayette Avenue, north side [: between a point 330' east of Baynes Avenue [: and Baynes Avenue [: (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 Lafayette Avenue, north side 8:00 a.m. - 4:00 p.m. between a point 330' east of Baynes Avenue School Days and Baynes Avenue. This action is being taken in order to provide safe loading and unloading of buses at Lafayette High School. (see previous 3 serials) JNG /DEK/EDS TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: (ns10144.doc) 1 Citci Fnoinnar #1 (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 NO PARKING (ALTERNATE - TYPE II) - REPEAL DATE: September 28, 2006 [: Notification Serial # 10145 [: Repeal Alternate Parking - Type 11 [: Johnson Park [: between South Elmwood Avenue [: and westerly Dead End [: (Ellicott District) 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Johnson Park, north side between South Elmwood Avenue and westerly Dead End (north side of the north drive) Johnson Park, south side between South Elmwood Avenue and westerly Dead End (south side of the south drive) PROHIBITED PERIOD 9:00 a.m. - 4:00 p.m. Thursday, Friday 9:00 a.m. - 4:00 p.m. Monday, Tuesday, Wednesday This action is being taken in order to provide additional on street parking on Johnson Park at the request of the District Councilmember. JNG /DEK/EDS TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (nsI0145.doc) #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 28, 2006 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Commissioner's Office SUBJECT: (: Annual Report — Buffalo Animal Shelter PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) As required by Section 15 -51 of the City Charter, I herewith submit the Annual Report from the Buffalo Animal Shelter. TYPE DEPARTMENT HEAD NAME: Joseph N. Giambra JNG /cmg (0 Ir CITY OF BUFFALO ANIMAL SHELTER REPORT TO COUNCIL BI- ANNUAL REPORT 1/1/06 — 6/30/06 Kelly McCartney Director of Animal Control September 27, 2006 A, F e 0912712006 Page I of 3 Monthly Report Date Range: 1 -1 -06 - 6 -30 -06 Status Type do 1 cat 6 dog 9 adoption - no charge 15 cat 128 d 188 adoption - regular 316 cat 42 dog 8 BORN AT SHELTER 50 cat 7 dog 9 died at shelter 16 1 cat 139 dog 455 euthanized 595 cat ` dog 37 foster 85 cat 5 dog 24 Inj ured 29 d 2 MISSING 2 cat 10 dog 28 observation 38 0912712006 Page I of 3 0912712006 Page 2 of 3 dog 3 seized 3 1 cat 7 dog 357 other 2 seizure - -- - - -- 367 d 27 seizure - adoption 27 d og 34 seizure I - r 34 do 7 Seizure 2 - rto 7 do 1 seizure 3 - rto 1 dog 3 shelter return 3 dog 1 spea brought in 1 Cat 184 dog 73 stra - dropped off 257 0912712006 Page 2 of 3 Status Type surrende 307 cat 2 dog 105 transfer - spea 0912712006 Page 3 of 3 r= Complaint Summary Date Range: 1 -1 -06 thru 6 -3 0 -06 Run # of Complaints I" Run 1102 2 nd Run 738 Total -Both Runs 1843 9128106 Page I of I # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 27, 2006 FROM DEPARTMENT: PUBLIC WORKS, PARKS & STREETS DIVISION: WATER SUBJECT: [: Report of Bids [: Colonel Ward Plant [: Phase 2 Security Upgrades - Contract 20 [: Ellicott PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) {l Plans and specifications were prepared and sealed proposals accepted for the Phase 2 Security Upgrades Project - Contract 20 located at the Colonel Ward Treatment and Pumping Plant. I hereby submit the following report of bids which were received and opened in my office at 10:00 a.m. on September 21, 2006. Kandey Company $554,992.00 19 Ransier Dr. West Seneca, NY 14224 C.H. Byron Company, Inc. $853,000.00 465 Creekside Drive Amherst, NY 14228 I certify that foregoing is a true and correct statement of all bids received and that Kandey Company is the lowest responsible bidder complying with the plans and specifications. I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a contract with Kandey Company in the amount of $554,992.00 with funds available in Capital Project Account #24147486. These funds are part of a Homeland Security Grant awarded to the City. DEK:PJM:kf TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E., City Engineer FOR T YPE TITLE: Joseph N. Giambra, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: I Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 27, 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 Colonel Ward Plant, Phase 2 Security Upgrades Project — Contract 20 to Kandey Company, the lowest responsible bidder, in the amount of $554,992.00. Funds for the project are available in Capital Project Account #24147486 part of a Homeland Security Grant awarded to the City. Passed. 17 PJS:rmv tAwp60\msword\rmv \17c 10- 3a.doc *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [-=------ - - - - -) [MAJ- 5] 9 * [2/3 61 3/4 = 71 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 13, 2006 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids [: Emergency Sidewalk Repairs @ Dunn Tire [: Park (Swan Street) [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: Item #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have received bids in regard to a contract for Emergency Sidewalk Repairs @ Dunn Tire Park necessitated by severe sidewalk settlement from an unknown source. In obtaining these bids for the above project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bid were received: Destro & Brothers Concrete Co., Inc. 411 Ludington, Buffalo, NY 14206 E & R General Contracting, Inc. 175 Lake Avenue, Blasdell, NY 14219 C. Destro Development Co., Inc. 2255 Bailey Avenue, Buffalo, NY 14211 Base Bid Unit Price Increase $155,000.00 $170,500.00 $181,200.00 $196,700.00 $193,000.00 $208,500.00 I hereby certify that the lowest responsible bidder for the above project was Destro & Brothers Concrete Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $170,500.00 ($155,000.00 Base Bid + 10% unit price increase $15,500.00 = Total Award $170,500.00 ). Funds for this work are available in Capital Project Account's # 30032106 & #39311106. The engineer's estimate for this work is $160,000.00. DEK:MJZ:Ilf Attach. (1) cc: Joseph N. Giambra Roberta Troy TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. Emergency Sidewalk Repairs @ Dunn Tire Park (Swan Street) Contractor Contractor Destro & Brothers Concrete Co., Inc. E & R General Contracting, Inc. ITEM NO. ITEMS WITH UNIT BID PRICE APPROXIMATE UNIT UNIT BID TOTAL UNIT BID TOTAL WRITTEN IN WORDS QUANTITIES PRICE DOLLARS PRICE DOLLARS 02.110 Unclassified Excavation 2,000 cu.yd. $14.00 $28,000.00 $19.00 $38,000.00 (landfill disposal) 02.11 OTM Exploratory Excavation 1 Lump Sum $5,000.00 $5,000.00 $5,000.00 $5,000.00 (landfill disposal) As Necessary 02.21A 2" Crushed Stone 1,600 cu.yd. $25.00 $40,000.00 $22.00 $35,200.00 02.21C 1" Crushed Stone 200 cu.yd. $30.00 $6,000.00 $25.00 $5,000.00 05.416 Sawing Concrete (0" - 6") 1,000 lin.ft. $3.00 $3,000.00 $7.00 $7,000.00 05.206 Concrete Sidewalk (6" 9,000 sq.ft. $5.00 $45,000.00 $6.00 $54,000.00 (float finish) 05.220 Metal Reinforcement 9,000 sq.ft. $1.00 $9,000.00 $2.00 $18,000.00 4'x 4', 4" x 4" R07.104 Granite Curb - NYSDOT Type "C" 50 lin.ft. $60.00 $3,000.00 $60.00 $3,000.00 4" x 16" Replacement including restoration with modified fine top 90.500 Miscellaneous Construction Allowance 1 $15,000.00 $15,000.00 $15,000.00 $15,000.00 - Compacting of existing material Lump Sum - Stabilize flag pole foundations As - Adjust tree grates Necessary 12.110 Maintenance & Protection of Traffic I Lump Sum $1,000.00 $1,000.00 $1,000.00 $1,000.00 As Necessary Total $155,000.00 Total $181,200.00 I < Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 13, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for Emergency Sidewalk Repairs at Dunn Tire Park to Destro &Brothers Concrete Co., Inc., the lowest responsible bidder, in an amount of $170,500.00 ($155,000.00 Base Bid + 10% unit price increase $15,500.00 = Total Award $170,500.00). Funds for this project are available in Capital Project Account's #30032106 & #39311106. Passed. W; PJS:rmv tAwp60\msword\rmv \I8c 10- 3a.doc *AYE* NO BONIFACIO DAVIS FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL i� THOMPSON ------------- [MAJ- 5] 9* 0 �[2/3 6] 3/4 = 7 1 (T #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 28, 2006 FROM: DEPARTMENT: Public Works, Parks & Streets V DIVISION: Engineering SUBJECT [: Permission to Enter into Agreements w /NYSDOT [: Provide Matching Funds [: Kenmore Ave. Reconstruction [: PIN #5757.18 PRIOR COUNCIL REFERENCE: (IF ANY) [: Permission is requested from Your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) to administer, design, bid and construct the Kenmore Ave. Reconstruction Project from Main St. to Starin Ave. In addition, permission is requested for the City to hire an engineering consultant and commit funding necessary for first instance costs and all related Federal and Non - Federal shares of project costs. The City of Buffalo's share of costs for this project is anticipated to be 5 %. Costs estimates for the work, including engineering are $5.2 million dollars and the City's share of costs will be available in our Capital Account for Local Match Reserve. JNG:DEK:jlj TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Joseph N. Giambra E Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 2006 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation to administer, design, bid and construct the Kenmore Avenue Reconstruction Project from Main Street to Starin Avenue. That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire an engineering consultant and commit funding necessary for first instance costs and all related Federal and Non - Federal shares of project costs. The City's Share of costs will be available in Capital Accounts for Local Match Reserve. Passed. 19 PJS:rmv TAwp60\msword\rmv \19c 10- 3a.doc fl *AYE* NO BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON j------------- [MAJ- 5] 9* 0 [ 2/3 6] f 3/4 = 7 1 # 1 (Rev. 1/93) SINGLE PAGE COMMUTNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 27, 2006 FROM DEPARTMENT: PUBLIC WORKS, PARKS & STREETS DIVISION: WATER SUBJECT: [: Permission to Hire Architectural /Engineering Consultant [: Structural Evaluation at the Colonel Ward Complex [: Ellicott PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) The Division of Water is requesting permission from your Honorable Body to take proposals and hire a architectural /engineering consultant to provide services for a building condition survey and structural evaluation for all buildings at the Colonel Ward Treatment Complex. The costs for these professional services is estimated not to expected to exceed $50,000.00 and funds are available in the Division of Water bond fund account 53200706- 445100. DEK:PJM:kf TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E., City Engineer FOR TYPE TITLE: Joseph N. Giambra, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: J-G) Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 27, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a architectural /engineering consultant to provide services for a building condition survey and structural evaluation for all buildings at the Colonel Ward Treatment Complex. Funds for this project are available in the Division of Water bond account 53200706- 445100. Passed. 20 rJS:rmv TAwp60\msword\rmv\20c 10- 3a.doc *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON ------------- [MAJ- 5] 9 0 2/3 6 ] 3/4 = 7 1 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 27, 2006 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: [: Signage within City [: Right of Way at [: various locations PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx C.C.P. xx /xx /xx Ms. Louise McClive, acting on behalf of the Buffalo Architectural Experience group, has requested permission to install signage within City right of way at various locations. The signs would identify the City's architectural and historic landmarks, they would be free standing and include a rectangular section measuring approximately four feet by three feet attached at a 45 degree angle to enable reading of information about the site. The Buffalo Architectural Experience has received a grant of $100,000.00 and estimates they can install approximately 20 signs. At present only ten locations are known, but this application pertains to all future locations also. The ten known locations are: 1. Niagara Square, facing west. 2. Niagara Square, facing north. 3. Niagara Square, facing east. 4. Niagara Square, facing south. 5. Lafayette Square, facing east. 6. 92 Franklin Street, Erie County Courthouse. 7. Church & Franklin Streets. 8. Main Street & South Division. 9. Theodore Roosevelt Plaza. 10. Lower Terrace in front of WNED Studio. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 63 (Encroachment Regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary review and approval. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for installation of said signage provided the following conditions are met: 1. That the applicant obtain any and all required permits including a building permit. 2. That the applicant obtain any and all required approvals including the Preservation Board, Olmstead Park Conservancy, Zoning Board of Appeals and Buffalo Place, Inc. 3. That the exact location of each sign be approved via a site visit by Division of Engineering personnel prior to installation. 4. That the applicant be responsible for maintaining said signage as long as it remains within City right of way. JNG:DEK:MGM:jaz # 3 (Rev 01/02) Certificate of Appointment 1 1 ia 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: September 18, 2006 in the Department of Public Works, Parks & Streets Division of Water g > psi, ) rl �t_ v '4 Z to the Position of Account Clerk- Typist (Permanent, Provisional, Temporary, Seasonal - (Insert One) Temporary (Appointment, Promotion, Non - Competitive) - (Insert One) : Promotion (Minimum, Intermediate, Maximum, Flat) - (Insert One) : at the: Intermediate Schedule "A" (Enter Starting Salary) : Starting Salary of: $28,505.00 ------------------------------------------------------ LAST JOB TITLE: Clerk TITLE CODE NO.: 0401 Name - - -[: Susan Tinti LAST DEPT.: Water DATE: 08/02/06 Address - - -[: 177 Breckenridge Street LAST SALARY: $ 27,847 City & Zip - - - [: Buffalo, New York 14213 Last 4 digits of S.S.N.: XXX -XX - 2574 ------------------------------------------------------ LAST JOB TITLE: Name - - -[: LAST DEPT.: /_/ s Address - - - [: LAST SALARY: $ — DATE:_ 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 TITLE CODE NO.: 0401 BUDGET ACCT. OBJ..:- 411001 Proj ID PERSONNEL REQ. NO.: 2006 -08 SALARY RANGE OF POSITION .- $ 26,271 - $ 29,269 PER: YEAR X DAY_ HOUR REASON FOR APPT. ABOVE THE MINIMUM: Ms. Tinti was receiving $27,847 in her permanent permanent position of Clerk. Per Union Contract she must receive the closest step that reflects a $250 improvement to her salary. She is therefore being appointed at Step 4 TYPE NAME OF APPOINTING AUTHORITY Joseph N. Giambra TYPE TITLE OF APP AUTH. Commissioner DATE 8/14/06 SIGNATURE OF APPOINTING AUTHORITY ORIGINAL + 3 COPIES TO: CITY CLE ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER - HUMAN R ESOURCES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DYVISION #10- - EMPLOYEE(S) t #3 (Rev 1-02) Qu=�� 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 appointments) or promotion(s). I further certify that the person(s) named in Schedule "N' have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Public Works 0 Division of Streets to the Position of Deputy Director of Telecommunicatione Permanent, Provisional, Temporary, Seasonal (insert one) PROVISIONAL Appointment, Promotion, Non-Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) FLAT fEnter Starting Salary) : Starting Salary of $37,927 NAME Richard Keane Jr. DATE ADDRESS 234 Potters Road CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX-XX-8640 mo v e NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF XXX-XX- BUDGET ORG. CODE 1000 TITLE CODE NO 6210 BUDGET ACCT. OBJ. 13366001 PROJ. ID 41 1001 PERSONNEL REQ. NO 2006- SALARY RANGE OF POSITION 37,927 PER YEAR DAY HOUR YEARI NAME OF APPOINTING AUTHORITY: Joseph N. Giarnbra TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: /2/Rj/05 61 N 1,11 UN11311 V =01 W.11 :W93 1 0 OTHER COPIES TO: #fi COMPTROLLER FPUMAN SERVICES /CIVIL SERVICE #7- #8- - DEPARTMENT #9- #10- b' } 21 FROM THE COMMISSIONER OF FIRE CITY OF BUFFALO ire Department of F Mayor Byron VV, Brown C®MMissionor Michael Lombardo 105 Court Street Buffalo, NY 14202 -2692 (716) 851 -5333 o FAX (716) 851-4364 September 18, 2006 Common Council Room 1308 - City Hall Buffalo, NY 14202 Dear Council Members: Deputy Commissioners Patrick T. Lewis Darnell M. Smith Darnall W. Whitfield, Jr Please be advised that with the exception of the vehicles outlined in Police Commissioner Gipson's previous letter to you, all other Buffalo Fire Department vehicles are and will continue to be marked as per City of Buffalo requirements. Sincerely, Michael Lombardo Commissioner of Fire ML /jw Received and Filed, and t" at the contingency imposed by this Common Council as referenced in CCP # 100 June 13, 2006 has been satisfied, and C1 ated Medical Services Vehicle t }-a at the Fire Department request to purchase the Emergency referenced in CCP #27 dated May 16, 2006 is hereby approved. #3 (Rev 1 -02) Certificate of Appointment 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 turthcr certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /C'ivil Service for the Appointment Effective: in the Department of Division of September 25, 2006 Fire EMS to the Position of EMS Coordinator Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non - Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) PROVISIONAL APPOINTMENT FLAT jEnter Starting Salary) : Starting Salary of: $50,000 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Michael A. Mazurowski DATE ADDRESS 50 Joanne Lane CITY & ZIP Cheektowaga, 14227 LAST 4 DIGITS OF SSN. XXX -XX -4563 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 12131001 TITLE CODE NO 2312 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REO. NO 2006 -22 SALARY RANGE OF POSITION flat PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NOTE: THREE MONTH RESIDENCY WAIVER ATTACHED NAME OF APPOINTING AUTHORITY. TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY Patrick T. Lewis Deputy Fire Commissioner Septem 13, 2 006 r 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) 22 FROM THE CORPORATION COUNSEL TO: THE COMMON COUNCIL DATE: September 26, 2006 FROM: THE DEPARTMENT OF LAW 1; SUBJECT: Item 180 CCP July 25), Re- Examine Agreement Between COB & EC Your Honorable Body has asked for the Corporation Counsel to provide a response regarding issues raised related to the agreement between the City of Buffalo and Erie County related to parks and forestry services in the City of Buffalo. The issue as to whether the agreement is. beneficial is a policy decision. To the extent your Honorable Body and the Administration has concerns or believes that these issues need to be revisited, our office will assist in exploring the City's rights and remedies per the agreement. DEPARTMENT HEAD NAME: TITLE: Alisa A. Lukasiewicz Corporation Counsel SIGNATURE OF DEPARTMENT HEAD: v-- REFERRED TO THE CO ON FINANCE. )C I Mayor BYOWN W. BROWN Corporation Counsel ALISAA. LUKASIEWICZ Mr. Gerald Chwalinski City Clerk 1308 City Hall Dear Mr. Chwalinski: September 25, 2006 Assistant Corporation Counsel TIMOTHY A. BALL KELLY GALE EISENRIED EILEEN S. FLEMING CARMEN J. GENTILE ALAN GERSTMAN GREGORY HEEB JOHN V. HEFFRON DENISE M. MALICAN ILO N. NOBLE 1 PETER J. SAVAGE, III EDWARD J. TAUBLIEB LISA M. YAEGER Please file the attached response from the Erie County Division of Environment and Planning regarding the proposed 511 -136 Ordinance currently before the Common Council. If you have any further questions or concerns, please do not hesitate to contact me at 851 -4116. Thank you for your assistance with this matter. Very truly yours, Enc. RECEIVED AND FU City of Buffalo Department of Law 1100 City Hall 65 Niagara Square Buffalo, New York 14202 -3379 Telephone (716) 851 -4343 Fax (716) 851 -4105 Alisa A. Lukasiewicz Corporation Counsel Peter J. Savage, III Assistant Corporation Counsel SITE PLAN OR ZONING REFERRAL TO COUNTY OF ERIE, N.Y () ,s' r J ANU REPLY I U MUNICIPALI IT I DO NOT WRITE IN THIS SPACE Note_ Please complete in triplicate. Send original and one copy (with attachments) to Erie County Division of Planning, Room 1053. 95 Franklin Street. Buffalo, N.Y. 14202 Retain last copy for your files. Case No / 1 Received: The proposed action described herein is referred in accordance with the provisions of the General Municipal Law, which provides that if no reply is received in 30 days after receipt of full information including a SEQR EAF if applicable, the municipal agency may take final 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 Buffal 2. Hearing Schedule: Date `apteilioer 26, 2006 2 :OOpm Location hymn Council Chariibers, 13th floor 3. Action is before: 4. Action consists of: 0 Site Plan 5. Location of Property: 6. Referral required as site is within 500' of: ® Legislative Body ❑ Board of Appeals 0 New Ordinance ® variance Rezone /Map Change Special use Permit �X Entire Municipality ® Specific as follows - (Location`Sketch Map Required) 0 State or County ® Municipal boundary 0 Farm Operation located in Property /Institution an Agricultural District Expressway ® County Road ❑ State Highway ❑ Proposed State or County Road, Property, Building/ Institution, or Drainageway Re- enactment of zoning ordinance requiring a use permit 7. Proposed change or use (be specific): for human services facilities in the City of Buffalo, which had expired on July 1, 2004 8. Other remarks: (ID #, SBL #, etc.) 9. Submitted by: City of Buffalo Corson Council by Peter J. Savage, III, Assistant Corpor Counsel Septeaier 14, (Name & Title) (.Date} ZUU 1130 City Hall, Buffalo, New York 14202 (Mailing Address - Please include zip code) Reply to Municipality by Erie County Division f 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 oc law, ased 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 her 'to. 4.N�o recommendation; ac n has be r few d and determined to be of local,con rn. C ® Planning Board L Ordinance Amendment Other By the Division of Plannin Date:' ZR- , EC P (Rev. 12/95) r? r � r s, 23/24 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: August 28, 2006 From: Department: Department of Economic Development Permit .& Inspection Services Division: Office of Licenses Subject: [: Go Go Girls License [ 622 Main (Ellicott) Type in Upper and [: Lower Case Only [: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx C.C.P. xx/xx/xx Text ( Type Sin lg e Space Below Pursuant to Chapter 75, Section 5 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Go Go Girl License Class 16 located at 622 Main and find that as to form is correct. I have caused an investigation into the premises for which said application for a Go Go Girl License Class 16 is being sought. According to the attached reports from the Zoning Office, Fire Department, Buffalo Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. U= AMA Type Department Head Name: RICHARD M. TOBE Type Title: CO SSI9NE R Signature of Department Head: RMT:mrz 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: CLUB MARCELLA LICENSE TYPE: GO -GO DANCERS BUSINESS ADDRESS: 622 MAIN BUSINESS PHONE: (716) 847 -6850 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 2ND REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 00 JOSEPH GUAGLIARDO (852) 344 -3448 539151 04/20/2005 03/02/2006 NEW LICENSE 2005 SEE PETER KLEMANN - PLAN'S PROBLEM (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: f 7 DISAP OVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** INSPECTOR / RM #? EXT ; AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsrtp2.rpt 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 MARCELLA LICENSE TYPE: GO -GO DANCERS BUSINESS ADDRESS: 622 MAIN BUSINESS PHONE: (716) 847 -6850 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 00 JOSEPH GUAGLIARDO (852) 344 -3448 539151 04/20/2005 NEW LICENSE 2005 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) � VE R DATE: DII- S-APPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: Ag INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlip2.rpt CITY OF BUFFALO ?R' OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: CLUB MARCELLA LICENSE TYPE: GO -GO DANCERS BUSINESS ADDRESS: 622 MAIN BUSINESS PHONE: (716) 847 -6850 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 00 JOSEPH GUAGLIARDO (852) 344 -3448 539151 04/20/2005 (TO BE COMPLETED BY AGENCY/DEPAR 4 MENT REFERRED TO) APPROVED DATE: i /v NEW LICENSE 2005 DISAPPROVED DATE: 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 AppSlip2.rpt t �� 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 MARCELLA LICENSE TYPE: GO -GO DANCERS BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 622 MAIN (716) 847 -6850 00 JOSEPH GUAGLIARDO (852) 344 -3448 539151 04/20/2005 2ND REFERRAL DATE: 03/02/2006 REMARKS: DISAPPROVAL REASON: RENOVATIONS ON GOING NEW LICENSE 2005' (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) DATE: A ROVED 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. AppSlip2.rpi J 4_. OFFICE Of LICENSES B UFFALO, NOW YORK 14202 LICENSE APPLICATION APPLICATION MUST BE COMPLETED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS (PLEAM C=CK LICEN99 CAUGGRY OMMG VOR) __,&UCADE X _-XILLIARD PARLOR AOWLV4GALLKy ?�ICC)IN GO DAL�IG ___ L, - 3 ____mwc(mzcxAwcAL) XD4USM=MDKWCE _NE WSTAND PuBlic DANCE RALLf ' __Z�AURANT DANCE iB ____9UUCUnN0VANaNG) fter -PLICANT NAME atoseo� APPUCANT HOMY, PRONE #. ?k F59 -3(/If PPLICANTADDRESS w man '!�fc t 109 /Vy ^000 (NO (cnT.TowNORVuAAGz) (STATE) (z) )-APPLICANT NAME_ NO t)f CO- APPLICANT HOME PRONE V - )-APPLICANT ADD RESS 040. Gram m (cay. TOWN OR VUAAG9) (STATE) (am W-ORATIOIII NAME _!�j �L �CMej�ll' Of gJ0,044 D INCORPORATM,c�',, - SWESS ADDRESS _V ft in Sifee4, ID/ z 649,1n , A)Y lVdOV SINESS PHONE S FAX# '71(,-95-j-2qyf ATE TAX W NUMBER i4 PL11CANT Dl0fff4lW&tLACE OF jjatTK_a_ : ARE YOU US CMZCrl -APPLICANT D/O/B PLACE OF BIRTHAjtE YOU A US CITIZEN_ LEAMWARL NON REFUNDABLE APPLICATION FEE NO. OF BOWLING ALLEYS 0 0 I - 1 ) J 2 - 7 C OF AMUSEMENT MA CmNm_i_ NO. OF BILLIARD TABLES�__ #I (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: September 6, 2006 From: Department: Department of Economic Development Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: [: Restaurant Dance License (RENEWAL) [: 533 Amherst St (University) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx C.C.P. xx/xx/xx Text ( Type Single Space Below Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 533 Amherst Street (Niagara Frontier Post #1041) for which said renewal application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. L: L-RRED TO THE COM MITTEE ON L Type Department Head Name: RICHARD M. TOBE Type Title: COM ML'SIONER�' Signature of Department Head: RMT:mrz 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: NIAGARA FRONTIER POST #1041 LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 533 AMHERST ST (716) 877 -9393 aQ (000) 000 -0000 221343 07/10/2006 RENEWED LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 7- � PROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT - t AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 'f 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: NIAGARA FRONTIER POST #1041 LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: 533 AMHERST ST BUSINESS PHONE: (716) 877 -9393 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 0 (000) 000 -0000 221343 07/10/2006 RENEWED LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 7- 11 1 - 0 � DISAPPROVED DATE: DISAPPROVAL CALL RACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** I �D INSPECTOR p�?` RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppStp2rpr #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: September 18, 2006 From: Department: Economic Development, Permit and Inspection Services Division: Type in Upper and f Lower Case Only Prior Council Reference: (If Any) Text ( Type Single Space Below [: Item No. #122 C.C.P. 09/05/06 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 #122 C.C.P. September 5, 2006. I have been requested to comment on the above item that has been referred to the Waterfront Development Committee. This item indicates that certain state grants may be available from the NYS Canal Corporation for revitalization programs. Please be advised that the Office of Strategic Planning will respond on behalf of our departments to this item. cc: Executive Director Tim Wanamaker #1038 Type Department Head Name: Richard M. Tobe Type Title: COMMISSIONER Signature of Department Head: a 1 1 TO THE SPECIAL COMMITTEE: A 4i`. i ' ERFRONT DEVELOPMENT #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: September 18, 2006 From: Department: Economic Development, Permit and Inspection Services Division: Economic Development, Permit and Inspection Services Subject: [: St. John's Community Development Corporation Type in Upper and [: Lower Case Only ( [: Prior Council Reference: (If Any) Text ( Type Single Space Below [: Item No. #11 C.C.P. 09/05/06 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 #11 C.C.P. September 5, 2006. I have been requested to respond to the above referenced item that has been referred by the Buffalo Common Council to the Community Development Committee. This item will authorize the sale 32 City owned vacant lots for $32,000 to the St. John's Community Development Corporation to allow it to construct 28 affordable housing units. The Office of Strategic Planning has requested that the Council approve this item. The Department of Economic Development Permit and Inspection Services also recommends approval of this item. #1031 Tvpe Department Head Name: Richard M. Tobe Type Title: CONMISSIONER Signature of Department Head: )I �110 #I (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: September 7, 2006 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: [: Second Hand Dealer [: 431 Tonawanda (North) 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 431 Tonawanda 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 Zinajda Samardzija. The attached thereto for Zinajda Samardzija d/b /a Duka's Thrift Store . This request is submitted for your approval or whatever action you deem appropriate. ni Y� SEP 0 7 X0046 �QO �----------- - - - -Q— Type Department Head Name: RICHARD M. TOBE Type Title: CO I ION ER Signature of Department Head: RT:MZ:jd UMT L:A or,, ri 17-111 M, I Ji - Date: September 7, 2006 To: Richard M. Tobe, Commissioner From: Mary Zizzo, Supervisor of Licenses RE: Common Council Communication Second Hand Dealer at 431 Tonawanda St. 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: L ,- Zonin g Office Fire Prevention Building Inspection l� Police Department Police Record Check Application TI-1 Supervisor o icens Date P• 147C (Revised 3/96) TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FORM { �� \ i t There is a $10.00 fee to process this data. By mail, payment MUST be made 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 orders payable to the 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 compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT , {�1�� CA ( �- SEX RACE - CURRENT ADDRESS: ` DATE OF BIRTH: z SOCIAL SECURITY #: ^--- REASON FOR REQUEST: State of New York ) /MAIDEN NAME Ho , ( C- Y SIGNATURE OF APPLICANT DATE County of Erie } SS. City of Buffalo ) On the ^ C3 day of before me personally appeared i N 4) .! H f� [ P� a rjZi , to me known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof. c� / s : _ - ........... ......TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNE ......... •••��- ' RECORD ATTACHED ? VERIFIED BY NO RECORD ON FILE DATE VERIFIED NOTE: USE OF THI S IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY /DEPARTMENT, O,-LICE--,,l REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: DUKA'S THRIFT STORE LICENSE TYPE: SECOND HAND DEALER EW LICENSE 2007 BUSINESS ADDRESS: 43,1- TpNAWANDA i. BUSINESS PHONE: (716) 873 -4653 COUNCIL DISTRICT: No POLICE DISTRICT: APPLICANT NAME: ZINAJDA SAMARDZIJA APPL. PHONE: (716) 873 -4653 APPLICATION NUMBER: 544468 REFERRAL DATE: 08/21/2006 REMARKS: CALL BEFORE GOING OUT 238 -0214 DISAPPROVAL REASON: �' - ----- ....... - � �sR --- - - - - -- (TO BE COMPLETED BY AGENCY/D EP / ARTME I NT REFERRED TO) APPROVED DATE: cy 0 91 3 0 DISAPPROVED REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED REMARKS: DATE: DATE: Z =mot' DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** COMM. OF POLICE: G AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO 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 / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: DUKA'S THRIFT STORE LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 431 TONAWANDA BUSINESS PHONE: (716) 873 -4653 COUNCIL DISTRICT: NO POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: ZINAJDA SAMARDZIJA (716) 873 -4653 544468 08/21/2006 CALL BEFORE GOING OUT 238 -0214 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVF,ll -� DISAPPROVED DISAPPROVAL CALLBACK DATE: " cap ") c DATE: 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. Appsrp2rpt 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: DUKA'S THRIFT STORE LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 43I TONAWANDA" BUSINESS PHONE: (716) 873 -4653 COUNCIL DISTRICT: NO POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: ZINAJDA SAMARDZIJA (716) 873 -4653 544468 08/21/2006 NEW t LICENSE 2007 ' CALL BEFORE; GOING OUT 238 -0214 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PPROVED \ DISAPPROVED DISAPPROVAL CALLBACK DATE: Z DATE: 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. AppSrip2rp[ 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: DUKA'S THRIFT STORE LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 431 TONAWANDA (716) 873 -4653 NO ZINAJDA SAMARDZIJA (716) 873 -4653 544468 08/21 /2006 CALL BEFORE GOING OUT 238 -0214 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PPROVED DATE:y� 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 AppS[ip2.rpt �r OOI,.APPL[V.DOC OFFICE OF LICENSES 313 CITYItAU BUFFALO, NEW YORK 14202 851 -4078 LICENSE APPLICATION APPLICATION MUST BE COMPLETED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS (pGUn CHECK UCENSE CATEGORY APPLYING FOR) USED CAR DEALER Z SECONMAND DEALER GARAGESALE APPLICANT APPLICANT _SCRAP PROCESSOR WHOLESALE JUNK PAWNBROKER FLEA MARKET (NO, OF VENDORS ) (Np„ gfiuE'L9 (CITY/fOWN OR DATE 1 - t - 06 HOME PHONE # '1 L S.J'A b° CO- APPLICANT NAME CO- APPLICANT ROME PHONE CO- APPLICANT ADDRESS (NO, STggET) (CITY, TOWN OR VILLAGE) (STAYS) (Zrp) CORPORATION NAME D ATE INCORPORATED BUSINESS NAMB BUSINESS ADDRESS 2 BUSINESS PHONE _ ti / FAR# APPLICANT ROME PHONE C� STATE TAX ID NUMBER L- '- DATE OF BIRTH , f— LACE OF BIRTH 2)g�01 a ARE YOU A U.S. CITIZEN e J HAVE YOU EVER BEEN CONVICTED OF A CRIME? IF, SO STATE WHEN, WHERE, NATURE OF OFFENSE AND DISPO OZ LIST PRINCIPAL OFFICERS OF CORPORATION (IF APPLICABLE) (NAME) (ADDRESS), (NAMB) i (ADRESa} (NAME) (ADDRESS) (NAME) ' (ADDRESS) (NAME) (ADDRESS) (NAME) (ADDRESS) (PAWNBROKER ONLY) GIVE SCHEDULE OF RATES PROPOSED TO BE CHARGED nu A cant Signature , 4ti Subscribe - nd sworn t before me this Da y of 20 ,, _ Comm' t eds its and for the of Bu .York .,IL4 q NON REFUNDABLE APPLICATION FEE µ `t Mr. Bonifacio moved: That the above communication from the Department of Economic Development Permit and Inspections Services dated September 7, 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 Zinajda Samardzija d/b /a Duka's Thrift Store located at 431 Tonawanda. Passed. 32 rJS:rmv TAwp60\msword\rmv\32c 10- 3a.doc k *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [ MAJ - 51 * 9 * 0 [ 2/3 - 61 (3/4 - 71 #I (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: September 18, 2006 11 00 `' From: Department: Economic Development Permit and Inspection Services Division: Economic Development Permit and Inspection Services Type in Upper and Lower Case Only Subject: {: B ff Io Niagara Riverkeepers [: n om^ 64 s VL . Prior Council Reference: (If Any) Text ( T p� e Single Space Below [: Item No. #89 C.C.P. 09/05/06 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 #89 C.C.P. September 5, 2006. You have referred the above referenced item to the Department of Economic Development Permit and Inspection Services. This item has been referred to the Waterfront Redevelopment Committee. This item is a letter from Jill Spisiak Jedlicka and Margaret Wooster from Buffalo Niagara RiverKeepers. The letter is in response to a meeting held with Councilman Kearns in which Riverkeepers requests an opportunity to make a presentation to the Waterfront Development Committee. Buffalo Niagara Riverkeepers is a fine organization with a great deal of knowledge about waterfront issues. A presentation by them should prove to be useful. #1039 Type Department Head Name: Richard M. Tobe Type Title: COM ISSIONER Signature of Department Head: V az RECEIVED AND FILED 3__� #1 (Rev. 1/93) Single Page Communication to the Common Council ; t To: The Common Council: Date: September 25, 2006 . , r 9 ��,C �A1, ,�c.. From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: [: Used Car Dealer [: 2431 Delaware (North) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx C.C.P. xx/xx/xx Text ( Tyne 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 2431 Delaware and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations Vd other applicable laws. I have c - sed a investigation by the Police Department into the moral character of `trowley Jr. The attached thereto for nalCrowley Jr. d /b /a Crowley's Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. Tyne Department Head Name: RICHARD M. TOBE Type Title: COMMISSIONER Signature of Department Head: RT:MZ:jad i i Date: September 25, 2006 To: Richard M. Tobe, Commissioner From: Mary Zizzo, Supervisor of Licenses RE: Common Council Communication Used Car Dealer at 2431 Delaware 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: ff Zoning Office Fire Prevention Building Inspection Police Department Police Record Check J Application Supervisor Licens Date 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: CROWLEY'S AUTO SALES LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: 2431 DELAWARE (716) 697 -1379 DE 17 RONALD CROWLEY JR (716) 871 -0886 544621 09/07/2006 DISAPPROVAL REASON: ----------------------------------- -- - - -- (TO BE COMPLETED BY AGENCY/DEPAR T FEkR] APPROVED DATE ' DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED NEW LICENSE 2007 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. AppSlip2.rpt 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: CROWLEY'S AUTO SALES LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 2431 DELAWARE (716) 697 -1379 DE 17 SON D CROWLEY JR (716) 871 -0886 544621 09/07/2006 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED ._......_. 14? APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR Ck - RM# EXT 2 i AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslip2rpr 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: CROWLEY'S AUTO SALES LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2431 DELAWARE (716) 697 -1379 DE 17. RED CROWLEY JR (716) 871 -0886 544621 09/07/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED =APPROVED DATE: �/ f o/ DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: 3 INSPECTOR RM # - - - -% EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2.rpr 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: CROWLEY'S AUTO SALES LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2431 DELAWARE (716) 697 -1379 DE 17e��� * CROWLEY JR (716) 871 -0886 544621 09/07/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO-OF VEHICLES ALLOWED APPROVED DATE D OVED 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. AppSl p2.rpt ' - 147C (REV. a/9!6) TC BE MAILED-TO: Buffalo Police Department ,dentification Section :4 Franklin Street Buffalo , New York 14202 t t � $ There is a St0.00 fee to process this data. By mail, payment MUST be made 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 the 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 signatu re. verified by a Notary Public (or) Commissioner. of Deeds, as listed on the bottom :of thisapplicatiom:Withoutaotal'. :compliance to these instructions_, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: IC,t�j'c �, t f/` . /MAIDEN NAME SEX MQ .: RACE_ J CURRENT ADDRESS: f 'P�� ' !�' .. / DATE OF BIRTH: J 2 le SOCIAL SECURITY # REASON FOR REQUEST > . - t : a SIGNATURE OF APPLICANT DATE a , t STATE OF NEW YORK COUNTY OF ERIE ) SS. CITY OF BUFFALO ) =' On the _ day of , before me personally appeared to me known to be the same person described in, and�who executed the foregoing instrument and acknowledged the execution thereof. Notary Public / Commi oner of Deeds * * * * * * * * * * * * * * * * ** TO BE COMPLETED BY IDENTIFICATION CTION P SONNEL * * * * * * * * ED RECORD ATTACHED 1 / t���` VERIFIED BY: : / � UV1 NO RECORD ON FILE DATE VERIFIED NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED 001" I :APPLIVJ)()C omm OF LICENSES 313 CITYRALL BUFFALO, NEW YORK 14102 851-078 LICENSE APPLICATION APPLICATION MUST BE COMPLETED IN FULL PHOTO IUD REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS MXXAM c=M UCXMX CATEGORY AmvmG FOR) USED CAR DEALER DEALER - GARAGE SALE _WHOLESALE JUNK T f`,�K A NO. e-A&I SCRAP PROCESSOR _PAWNBROKER -nB,k m"m (No OF VENDORS----) DATE_ — APPLICANT HOME PRONE 1z, APPLICANT N"tME—& aa4--�- &PPLICANTAIDDRESS - 7 t,5 wol &nm= (Crffffo" mt va"cm CsrAiB? Cam) CO•APPLICANT NAME -APPLICANT ROME PHONE CO- APPLICANT ADDRESS ( (crry, TOWN OR, VulAc (STATE) 0 CORPORATION NAME DATE INCORPORATED ------ BUSUMS BUSRqMADDRE.55 APPLICANT Horm"R 71 (2?9K STATE TAR IDNUMBE YOUAU.S. CMM4�— DATE OF B AM HAVE YOU gVg1t BEEN CONVWM OF A CRR4E1–ja— IF, SO STATE WHEN, WHERE, NATURE OF OFFENSE AND clt LIST PRINCIPAL OFFICERS OF CORPORATION (IF APPLICABLE (NAME) (ADDRESS), (ADISM a (NAME) (ADDSEW (ADO W WAM) (ADDRA (PAWNBROKER ONLY) GIVE SCHEDULE OF "TES PROPOSED TO BE CHARGED----- ,e, Subscribed sworn to before rte il"w Day '2035Z City Of Bu alo, New York NON REFUNDABLE APPLICATION FEE fir Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated September 25, 2006, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Ronald Crowley, Jr. d/b /a Crowley's Auto Sales, located at 2431 Delaware Avenue. Passed. 34 PJS:rmv TAwp60\msword\rmv\34c 10- 3a.doc *AYE* NO * BONIFACIO KEARNS DAVIS LOCURTO * * * FONTANA RUSSELL FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [ ------------- ] [MAJ- S] * 9 * 0 [ 2/3 - 61 [ 3/4 - 71 #1 (Rev. 1;93) Single Page Communication to the Common Council To: The Common Council: Date: September 7, 2006 From: Department of Economic Development, Permit & Inspection Services Division Type in Upper and L. Lower Case Only Office of Licenses Subject: [: Used Car Dealer [: 779 Genesee (Ellicott) 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 Used Car Dealer License located at 779 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Shlaine Freeland The attached thereto for Shlaine Freeland d /b /a Freeland & Sons Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. Type Department Head Name: RICHARD M. TOBE Type Title: COM SIONER Si nature of Department Head: RT: MZ:jad C) MI fig ii L:4 Date: September 7, 2006 To: Richard M. Tobe, Commissione From: Mary Zizzo, Supervisor of Licenses RE: Common Council Communication — Used Car Dealer at 779 Genesee St. 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: �ZOnin g Office Z Fire Prevention Building Inspection Police Department Police Record Check Application Supervis r o in 4 1 Date 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: FREELAND & SONS AUTO SALES LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 779 GENESEE (716) 602 -7520 EL 12 SHLAINE FREELAND (716) 886 -1868 544071 07/24/2006 REMARKS: CALL 602 -7520 BEFORE YOU INSPECT. DISAPPROVAL REASON: NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED PROVED 4�: DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: 7 INSPECTOR RM# r° " L EXT 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 / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: FREELAND & SONS AUTO SALES LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 774 GENESEE (716) 602 -7520 EL 12 SHLAINE FREELAND (716) 886 -1868 544071 07/24/2006 REMARKS: CALL 602 -7520 BEFORE YOU INSPECT. DISAPPROVAL REASON: NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED A DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# 10Y EXT 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 / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: FREELAND & SONS AUTO SALES LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 779 GENESEE (716) 602 -7520 EL 12 SHLAINE FREELAND (716) 886 -1868 544071 07/24/2006 CALL 602 -7520 BEFORE YOU INSPECT. NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED A PROVED DATE. 7-,2 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. AppSlip2.rpt 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: FREELAND &'SONS AUTO SALES LICENSE TYPE: USED CAR DEALER 2 NEW LICENSE 2007 _ BUSINESS ADDRESS: 779 GENESEE BUSINESS PHONE: (716) 602 -7520 COUNCIL DISTRICT: ''' EL POLICE DISTRICT: 12 APPLICANT NAME: SHLAINB FREELAND APPL. PHONE: (716) 886 -1868 APPLICATION NUMBER: 544071 REFERRAL DATE: 07/24/2006 REMARKS: CALL 602 -7520 BEFORE YOU INSPECT. DISAPPROVAL REASON: (TO' COMPLETED BY AGENCY/DEPA THE T REFERRED TO) �. ....APPROVED... DATE DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: e-G " APPROVED DATE: DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN IS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpt;; P -147C (Revise(1 3/96) TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FORM i J, r� There is a $10.00 fee to process this data. By mail, payment MUST be made 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 orders payable to the 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 verged by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these 'instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT SEX 100" CURRENT ADDRESS: DATE OF BIRTH: SOCIAL SECURITY #: REASON FOR REQUEST: State of New York ) County of Erie ) City of Buffalo ) /MAIDEN NAME On the day of /�}1(} , 19 200( before me personally 6(41 tl tt- Gf �2 it ►.3 �� to me known to be the wine erson described ' and appeared . P who executed the foregoing instrument and acknowledged the execution thereof C DEBORAH R. MARFOGLIA Q Notary public, State of New York Qualified in Erie,.County Notary Public /Commissioner o eeds 1 My Commission Expires _ .'a 1 . - » - .............. ................:............TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL . .... RECORD ATTACHED � AA �r�vrvr�n uv �ORECOD N IE _ . DATE VERIFIED' NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED AL.APPLN.DOC OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 85I -4078 JUL 2 1 2006 LICENSE APPLICATION APPLICATION MUST BE COMPLETED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS ,/ (PLEASE CMCK LICENSE CATEGORY APPLYING FOR) /" USED CAR DEALER SECONDftAND DEALER SCRAP PROC T & A DrTOSIT GARAGE SALE WHOLESALE JUNK PAWNBROKER FLEA MARKET (NO. OF VENDORS.) r j oV '(G l JU�4 06 f DATE APPLICANT NAME SF7 jA; /` h` rg�Ir3 A APPLICANT HOME PHONE# APPLICANT ADDRESS (fi t a.3 f� i.�/C� , uF_ (NO STREET) (CITYtTOwN OR vIt LAGE) (STATE) (ZIP) CO- APPLICANT NAME CO- APPLICANT ADDRESS (NO.,STREET) (CITY TOWN ORViLLAGE) (STATE) (ZIP) CORPORATION NAME DATE INCORPORATED BUSINESS NAME 4 BUSINESS ADDRESS 2 7 3 C ee �4 ,6, a� 4 1 - � f � BUSINESS PHONE fv 1, ,A -�- , 6 FAX# APPLICANT HOME PHONE t &- --i kid' STATE TAX ID NUMBER _ / DATE OF BIRTH 'LACE OF BIRTH dl �� ��� ARE YOU A U.S. CITIZEN VET' HAVE YOU EVEit BEEN CONVICTED OF A CRIME ? IF, SO STATE WHEN, WHERE, NATURE OF OFFENSE AND DISPOSITION 1✓ �A LIST PRINCIPAL OFFICERS OF CORPORATION (IF APPLICABLE). (NAME) (ADDRESS), (NAME) (ADRESS) (NAME) (ADDRESS} �iAME} (ADDRESS) (NAME) (ADDRESS) (NAME) (ADDRESS) (PAWNBROKER ONLY) GYVE SCHEDULE OF RATES PROPOSED TO BE CHARGED Subscribed an s orn to before me this — I L I Day Of �- 1 - Co N 'oner of Deeds in and far City of Buffalo, New York Signature DEBORAH R. MARFOGLIA Notary Public, State of New York_ Qualified in Erie County My Commission Expires ---- NON REFUNDABLE APPLICATION FEE #I (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: September 22, 2006 From: Department of Economic Development Permit & Inspection Services Division; Office of Licenses Type in Upper and Lower Case Only Subject: {: Used Car Dealer [: 72 Walden (Fillmore) 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 Used Car Dealer License located at 72 Walden and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building hispections, 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 Mohammad Memon. The attached thereto for Mohammad Memon d /b /a LaTour Auto Inc. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: RICHARD M. TOBE Type Title: COM I SIGNER Signature of Department Head: RT:MZ:jad f k� lfr 3� Interdepartmental Memo Date: September 22, 2006 To: Richard M. Tobe, Commissioner From: Mary Zizzo, Supervisor of Licenses RE: Common Council Communication Used Car Dealer at 72 Walden 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: Zoning Office 53 /� ire Prevention Building Inspection 'Police Department Police Record Check Application Superviso f Licen s Date P -1470 (Revised 3/96) TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FORM � There is a $10.00 fee to process this data. By mail, payment MUST be made 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 orders payable to the 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 compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT � - f - / � t�J'F�Y1i44, NAME SEX RACE CURRENT ADDRESS: DATE OF BIRTH: G� . SOCIAL SECURITY #: REASON`FOR REQUEST: a r � J [� rft) �`c�2 cjs d - SIGNATURE OF APPLICANT DATE State of New York ) County of Erie ) SS. City of Buffalo ) day of On the r _ �: , before me personally r h o , j � and appeared F_x °�rt�ri cc 1' r�'tE6tt s to me known to be the same person described m, who executed the foregoing instrument and ackn utio thereof aff N mmissioner of eeds 3 v ...............TO BE COMPLETED` Y IDENT C11�`I N SECTION PERSONNEL �... ,. - .......... RECORD ATTACHED co VERIFIED t NO RECORD ON FILE DATE VE IED - NOTE: USE OF THIS INFORMATION IS NOT BASED ON FIN T IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED 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: LATOUR AUTO INC. LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 72 WALDEN (716) 895 -0866 MA 12 MOHAMMAD MEMON (716) 895 -4349 542849 05/15/2006 NEW. > LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED / "PI PVED DATE: -.11 s { Q G 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. AppSlip2.rp! CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NY 14202 ��,�c Q fns e5 INSPECTION /APPROVAL REQUEST AGENCY/ DEPARTMENT: HOUSING PROPERTY INS. APPLICATION FOR: Y IL LICENSES TYPE: V JIr y G t � BUSINESS ADDRESS: 72 I �' BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: Al 1911 , 49 APPLICANT PHONE: ! CIO ItT APPLICATION NUMBER: 3� y l REFERRAL DATE: REMARKS: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) IC ) ". DISAPPROVED DISAPPROVAL CALL BACK DATE: �12 v &, b DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: G/ RM# J I ; EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES 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: LATOUR AUTO INC. LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: 72 WALDEN (716) 895 -0866 MA 12 MOHAMMAD MEMON (716) 895 -4349 542849 05/15/2006 NEW LICENSE 2007 DISAPPROVAL REASON: VEHICLES ON CITY RIGHT OF WAY BLOCKING SIDEWALK. (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED l D PPROVE OVED DISAPPROVAL CALLBACK DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# 5aK EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. ASppStip2.rpt CITY OF BUFFALO l OOL.APYLIV.DOC OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 851 -4078y P LICENSE APPLICATION x APPLICATION MUST BE COMPLETED IN FULL ;# PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS (PLEASE CHECK LICENSE CATEGORY APPLYING FOR) C USED CAR DEALER SECONDkAND DEALER SCRAP PROCESSOR y� GARAGE SALE WHOLESALE JUNK PAWNBROKER FLEA MARKET (NO: OF VENDORS ) DATE . -�a.h� ` - APPLICANT NAME D! �!' �6� -- APPLICANT HOME PHONE # APPLICANT ADDRESS fi r^ ©/, /eSfC1 sr sorrel.o ^4ey (q"Ll (NO., STREET) (CITY/TOWN OR VILLAGE) (STATE) (ZIP) CO- APPLICANT NAME CO- APPLICANT HOME PHONE # CO- APPLICANT ADDRESS (NO., STREET) (CITY, TOWN OR VILLAGE) (STATE) (ZIP) CORPORATION NAME DATE INCORPORATED BUSINESS NAME L t1f�U W i ti L BUSINESS ADDRES (,lvJIl W J9 BUSINESS PHONE - O_g .FAX# APPLICANT HOME PHONE STATE TAX ID NUMBER �r} DATE OF BIRTH " _h7, `°d PLACE OF BIRTH Y�f�_ YOU A U.S. CITIZEN v HAVE YOU EVER BEEN CONVICTED OF A CRIME? IF, SO STATE WHEN, WHERE, NATURE OF OFFENSE AND DISPOSITION LIST PRINCIPAL OFFICERS OF CORPORATION (IF APPLICABLE) (NAME) (ADDRESS) (NAME) (ADRESS) (NAME) (ADDRESS) (NAME) (ADDRESS) (NAME) (ADDRESS) (NAME) (ADDRESS) (PAWNBROKER ONLY) GIVE SCHEDULE OF RATES PROPOSED TO BE CHARGED Subscribed an rn to before me this___ � Day of t 20 Comm' ione of eeds n and for the Ct of Buffalo, N w York NON REFUNDABLE APPLICATION FEE 4 Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated September 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 Permit be, and he hereby is authorized to grant a Used Car Dealer license to Mohammad Memon d/b /a LaTour Auto Inc., located at 72 Walden Avenue. Passed. 36 PJS:rmv TAwp60\msword\rmv\36c 10- 3a.doc *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [-------- - - - - -I [ MAJ - 51 * 9 * 0 [ 2/3 - 6 [ 3/4 - 7 #1 (Rev. 1/93) Single Page Communication to the Common Council E v, To: The Common Council: Date: September 18, 2006 c, O 1., `; Y, From: Department: Economic Development, Permit and Inspection Services Division: Economic Development, Permit and Inspection Services Wa Zz t s 1 0 C rh o< r Subject: [: 255 Carolina St. t ) Type in Upper and I [: Lower Case Only [: Prior Council Reference: (If Any) Text ( Type Single Space Below [: Item No. #84 C.C.P. 09/05/06 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 #84 C.C.P. September 5, 2006. The item contains a letter from Tim and Louise Jones regarding the West Side Market located at 255 Carolina Street. This is not the first time that this address has been brought to our attention. The activities at this location are currently under review. If there are grounds to do so, the Department will bring charges against the operator. Should such charges be established at a hearing, the Department will take appropriate action that might include suspension or revocation of the license. #1036 Type Department Head Name: Richard M. Tobe Type Title: CO . * ISSI Signature of Department Head: t "'sr! _• 3) `'zc 1 l 25 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE & URBAN AFFAIRS #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 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: September 18, 2006 � 4 in the Department of Administration, Finance and Urban Affairs Division of Treasury to the Position of Administrator of Treasury and Collections Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) PROMOTION Minimum, Intermediate, Maximum, Flat (Insert one) �A1.►A� IeA } jEnter Starting Salary) : Starting Salary of $59,650.00 LAST JOB TITLE Sr. Treasury Administrator NAME Debbie A. Renzoni LAST DEPARTMENT Adm, Fin & Urbn Aff DATE 7/21/03 ADDRESS 20 Brost Drive LAST SALARY 52,536.00 CITY & ZIP 14220 LAST 4 DIGITS OF SSN. XXX -XX -8101 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 115560001 TITLE CODE NO 1395 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2006 -37 SALARY RANGE OF POSITION 59,650.00 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Michael A. TITLE OF APPOINTING. AUTHORITY: Director of DATE: 091131 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) 27 FROM THE COMMISSIONER OF HUMAN RESOURCES 1 MEMORANDUM DEPARTMENT OF HUMAN RESOURCES CIVIL SERVICE ADMINISTRATION Room 1001 City Hall Tel 851 -5408 • Fax 851 -5401 1 Byron W. Brown Mayor DATE: TO: FROM: SUBJ: September 22, 2006 Common Council Commissioner Leonard A. Matarese Leonard A: Matarese, rnPA- CP,ican -CM Commissioner Contract for Marketing Communications Recruitment Program for Entrance -Level Police Officer/Firefighter Examinations M a a a a a a a a a a a a a a a a a t a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a l Attached is a contract, for your approval, with Travers Collins & Company for a marketing communications recruitment program for the entrance -level Police Officer examination scheduled to be administered on in January 13, 2007. A significant part of the recruiting process will be a 6 -8 week multi -media campaign to aggressively recruit top quality candidates for the positions. Part of this process will be an effort directed at increasing minority applications. You will recall that we remain under federal court jurisdiction for this process. Further, we will b gearing our recruitment effort towards attracting candidates that see the role of the Police as m re of service to the community and less as an "adventure." We will be using ideas and concepts d�veloped by the U.S. Department of Justice, COPS Office in a grant project called "Hiring in the S I irit of Service." (HSS) and we will be using approaches that have been effective elsewhere around the country. As in other communities, we have retained the services of a professional ad agency. We are committed to running a professional and highly effective recruiting campaign to demonstrate to the courts that we are as aggressive as possible in this effort and to obtain the very best candidates. This contract is a result of the RFP selection process. i 01 THE CITY OFBUFFALO IS AN EQUAL OPPORTUNITY EMPLOYER DRAFT AGREEMENT This agreement is made and entered into this day of September 2006 by and between the City of Buffalo, New York a municipal corporation ( "City ") and the Department of Human Resources ( "Human Resources ") and ( "Contractor "). WITNESSETH Whereas, the Contractor is well - qualified and experienced in developing a marketing communications campaign for the recruitment of applicants for the upcoming entry -level Police Officer and Firefighter examinations, with the Police Officer examination scheduled to be administered on January 13, 2007, the date of which may be amended at the discretion of the Human Resources. Whereas, the Contractor shall furnish expert professional services to the City and Human Resources which are temporary in character and not otherwise available to the City and Human Resources. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: I. SERVICES TO BE PERFORMED BY THE CONTRACTOR: r s 1. The Contractor will develop a communications campaign to maximize participation in entry —level Police Officer and Firefighter examinations. 2. For the first project, the Contractor will work with the Department of Human Resources representatives and Professional Police staff in developing a marketing communications campaign for the first exam for a new class of Police Recruits, that may include: • Collateral material i.e. brochures, direct mailers, posters, etc. • Outdoor billboards • Broadcast advertising (with focus on radio) • Print advertising (with focus on weekly newspapers) • Media training for police department personnel (who would appear on local broadcasts such as AM or PM Buffalo) 3. The campaign developed by the Contractor will be designed to encourage participation of women and minorities. 4. For the first project, the Department of Human Resources has estimated an eight (8) to ten (10) week campaign that will be capped at $70,000 (refer to page 11 of contractor's proposal). II. PAYMENT 1. Payments shall be made upon the submission of vouchers by the Contractor to the Human Resources Department as the various services are completed. Payment will be made within 60 days. III. DURATION OF CONTRACT 1. The term of this contract shall commence on and will end on (one year). This contract may be renewed for additional one -year periods if agreed upon by both parties, in writing. 2. Consideration for renewing the contract will be determined on the Department of Human Resources analysis of performance of retained firm during the legislative session. It is mutually understood and agreed that the City shall have the right in its sole discretion to terminate the Contractor's services. Payments for only those services completed at the time of termination will be paid to the Contractor. IV. CITY'S REPRESENTTIVES: The City's representative shall be the Commissioner of Human Resources. V. APPLICABLE LAWS AND POLICY: In the performance of this agreement, the Contractor shall abide by and conform to any and all laws of the United States, the State of New York, the City Charter, Ordinances, Laws and Regulations of the City of Buffalo, New York. VI. RELATIONSHIPS: 1. The performance of the Contractor's services hereunder shall be in the capacity of an independent contractor and not as an officer, agent or employee of the City or Human Resources. In this regard, the Contractor agrees to hold the City and Human Resources harmless from all damages to properly or injury to persons arising out of the acts or omissions of the Contractor, or its officers, agents or employees. The City and /or Human Resources shall not be responsible for any costs or payments of worker's compensation, unemployment benefits or social security benefits. 2. All reports, including preliminary findings, interim reports, final I recommendations and the work product thereof, shall be the exclusive property of the City; and any duplication, publishing or other use thereof by any person, including the contractor, without the express authorization of the City, is strictly prohibited. VII. ASSIGNMENT: The Contractor shall not assign this agreement to any person, firm, partnership or corporation without the written consent of the City, nor shall the agreement be assignable or transferable by any process or proceeding in court or by judgment execution, receivership, proceedings in insolvency or bankruptcy, either voluntary or involuntary. VIII. 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. 1 i IN WITNESS WHEREOF, the parties have set their signatures this Day of By Leonard A. Matarese Commissioner Department of Human Resources B .- Alisa Lukasiewicz Corporation Counsel (Approved as to Form) APPROVED AS TO FORM ONLY Cortroratkn Counsel B �C of z �16� 2006. By Robert N. Travers Principal Iv ()U City of Buffalo Acknowledgement On this ��day of ��E�� 2006, before me personally appeared Alisa Lukasiewicz, being by me duly sworn, did depose and say that she is the Corporation Counsel, which is a party to this Agreement, and that she has read the contents thereof, and signed this Agreement. GREGORY A. HEES Notary Public State of New York Qualified in Erie County No. 02HE6133384 My Commission Expires: Sept. 19 t City of Buffalo Acknowledgement On this day of , 2006, before me personally appeared Robert N. Travers, being by me duly sworn, did depose and say that he is the Principal of Travers Collins and Company which is a party to this Agreement, and that he has read the contents thereof, and signed this Agreement. Notary Public (� City of Buffalo Acknowledgement On this day of , 2006, before me personally appeared Leonard A. Matarese, being by me duly sworn, did depose and say that he is the Commissioner of Human Resources, which is a party to this Agreement, and that he has read the contents thereof, and signed this Agreement. Notary Public S Mr. Bonifacio moved: That the above communication from the Department of Human Resources, Civil Service Administration dated September 22, 2006, be received and filed; and That the Commissioner of Human Resources be, and he hereby is authorized to enter into a contract with Travers Collins & Company for a marketing communications recruitment program for the entrance -level Police Officer examination scheduled to be administered on January 13, 2007. Passed. 39 PJS:rmv t:\wp60 \msword \rmv\39c 10- 3a.doc * AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON ------------- [MAJ - 5] 0" 2/3 61 3/4 7 1 e 35 FROM THE CITY CLERK M3 i3,e iov 4 -at 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 520 Niagara St. 1519 Hertel Avenue RECEIVED AND FILED Buffalo Rendezvous LLC M. T. Pockets Inc. F. Ciccarelli, Rep. P. Kelleher, Rep. l' , FERDINAND J. CICCARELLI ATTORNEY AT LAW 206 BENTHAM PARKWAY EAST AMHERST. NEW YORK 14226 716-839 - 0401 September 18, 2006 Buffalo City Clerk's Office Buffalo City Hall 65 Niagara Square Buffalo, New York 14202 Gentlemen: Please be advised that I represent Buffalo Rendezvous LLC, 520 Niagara Street, Buffalo New York, that is applying to the State Liquor Authority for an on premises liquor license. Ver, truly yours, �e e dinand J. Cicc relli FJC /mm Loz' September 20, 2006 Buffalo City Clerk City Hall Buffalo, NY 14202 RE: M.T. Pockets Inc. 1519 Hertel Avenue Buffalo, NY 14216 Dear Sir /Madam: Please be advised that subject corporation is applying to the New York State Liquor Authority for renewal of its On- premise liquor license. Ver4tru yours, f tle er Bulting Services 265 Densmore Street Buffalo, NY 14220 -2546 (716) 823 -2434 CC: State Liquor Authority A M -1 Im 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 - Police- S. Fire- Corporation Counsel- Community Services- Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DATE: September 25, 2006 POLICE DIVISION: SUBJECT: : Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx, C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE BELOW Item No. 184, C.C.P. 11/14/00 Police Officer Shellie Maraschiello assigned to the C- District has been granted an extension to her medical leave of absence without pay for the period of 30 days commencing September 8, 2006 through October 7, 2006, Report Technician Yolanda Quintana assigned to the Commissioner's Office has been granted a personal /employment leave of absence without pay for the period of 9 %2 months commencing September 18, 2006 through June 30, 2007. Laborer I Leonard Valvo assigned to Headquarters has been granted an extension to his medical leave of absence without pay for the period of 2 months commencing September 12, 2006 through November 11, 2006. Police Officer Stacey E. Lewis assigned to the E- District has been granted an extension to her personal leave of absence without pay for the period of 1 year commencing September 17, 2006 through September 17, 2007. Police Officer Danielle R. DiVito assigned to the C- District has been granted an extension to her medical leave of absence without pay for the period of 5 months commencing August 16, 2006 through January 16, 2007. Police Officer Donna Donovan assigned to the B- District has been granted an extension to her medical leave of absence without pay for the period of 1 %2 months commencing September 17, 2006 through November 4, 2006. HMG /tlo TYPE DEPARTMENT HEAD NAME: H. McCarthy Gipson TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: �j MATERNITY ❑ 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 MLL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL P-12e DATE:` NAME: *SSN: XXX - XX -.. ** LAST FOUR (4) DIGITS ONLY RANK: U UNIT: TYPE OF LEAVE EDUCATIONAL ❑ EMPLOYMENT El FAMILY MEDICAL, ❑ EXPLANATION OF LEAVE: DATES OF LEAVE t BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: APPROVED / DENIED / APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT POL CE INSPECTOR DATE APPROVED / DENIED / APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT CC: ORIGINAL - ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL P -12e DATE: NAME: !, �Z *SSN: - - �jg,�j * * LAST FOUR (4) DIGITS ONLY** RANK: UNIT: 'g_��1��� 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 ABSENCEAND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE: DATES OF LEAVE BEGINNING DATE: END DATE: &' C_ RETURN DATE: / JT f.? LENGTH OF LEAVE: (2 �n APPROVED / DENIED I APPROVAL CONDITIONED UPON SURRENDER OFDEPARTMENTAL EQUIPMENT ICE INSPECTOR DATE APPROVED / DENIED / APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT 7� POLICE COMMISSIONER DATE CC: ORIGINAL — ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL 2 DATE: 0 9 1r) , 710 c NAME: — Le- ( - ) ' J R, I/a I V y *SSN: -MX — XX - 3 2 2 2 * * LAST FOUR (4) DIGITS ONLY ** TYPE OF LEAVE RANK: L AI<. - ) P, _ems :r UNIT: 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 LEAVE: I -_u DATES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: 6 I - 0D X --// p EMPLOYEE SIGNATURE APPROVED / DENIED / APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT I !Zz�� ® -o" POLICE INSPECTOR bATE APPROVED / DENIED / APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT POLICE COOMI SIONER DATE 1 � CC: ORIGINAL -ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL DATE: 09 0 5 0(o NAME: &TF c � • L-zwl S *SSN: Xn - XX * * LAST FOUR (4) DIGITS ONLY UNIT: CIS rp 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 LEAVE: DATES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: r` W — N — Iff • AAJA ma y_ . EMPL EE SIGNATL' APPROVED / DENIED / APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT d OLICE INSPECTOR DATE APPROVED / DENIED / APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT Z 74 / CC: ORIGINAL — ADMINISTRATION AND FINANCE (FILE) LABOR RELATIONS COMMANDING OFFICER " �/ -� � . DATE REQUESTING EMPLOYEE CIVIL SERVICE COMMISSION PAYROLL `4 V-j Vu i11, L11 rnuej r , f •SSN: XXX - XX - S Lt L -% -- _ '"LAST FOUR (4) DIGITS ONLY 1 r001 004 r - 0132 . y r " I RANK: UNIT: C s c TYPE OF LEAVE EDUCATIONAL ❑ MATERNITY 13 EMPLOYMENT ❑ MEDICAL lj FAMILY MEDICAL ❑ MILITARY ❑ PERSONAL ❑ • THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILE). SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REOUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERui ONLY) • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (50) DAYS OR A CONSECUTNE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (90) DAYS: MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE. WREATH. A 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 DA TES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: - b try 4� � ? EMPLOYEE SIGNATURE APPROVED / DENIED I APPROVAL CONDITIONED UPON SURRENDER OFDEPARTMENTAL EQUIPMENT Y L LICE INSPECTOR DATE APPROVED/ APPROVAL CONDITIONED UPON SURRENDER OF DEPARTN NTAL E UtPMENT CC: ORIGINAL — ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL EXPLANATION OF LEAVE: I �'t r_ l EMPLOYEE SIGNATURE APPROVED / DENIED I APPROVAL CONDITIONED UPON SURRENDER OFDEPARTMENTAL EQUIPMENT Y L LICE INSPECTOR DATE APPROVED/ APPROVAL CONDITIONED UPON SURRENDER OF DEPARTN NTAL E UtPMENT CC: ORIGINAL — ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL EXPLANATION OF LEAVE: P -1 DATE: 1 _0 f i ° NAME: I ��. -A *SSN: XXX - XX ` - &/ * * LAST FOUR (4) I ITS ONLY** VEST FORM UNIT: ov o TYPE OF LEAVE EDUCATIONAL ❑ EMPLOYMENT ❑ FAMILY MEDICAL ❑ MATERNITY 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 LEAVE: DATES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: SIGNATURE 3 APPROVED / DENIED / / APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT ICE IN RIECTOR ATE APPROVED / DENIED / APPROVAL CONDITIONED UPON SURRENDER OFDEPARTMENTAL EQUIPMENT CC: ORIGINAL - ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL <� 46 No. 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. #3 (Rev 1 -02) r Certificate of Appointment hi 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 /Civil Service for the Appointment Effective: in the Department of Division of to the Position of 10/04/2006 Common Council Masten District Intern V 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: $8.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Lauren Lozano DATE I Q12= 6 ADDRESS 15 Wiston Rd. CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -3208 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 PROJ. 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: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Gerald Chwalinski City Clerk 10/28/2006 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) y io 47 I 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. POSITION ALLOCATION MAINTENANCE FORM Title Laborer H Department/Division Public Works, Parks & Streets, Division of Buildings Start Date Original PR No. Title Code No. Salary Budget Function No. September 27, 2006 2005 -131 9624 $8.15/hr. 13296001412002 Reason for appointment (check 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. Ahmed is replacing Mthy Elliott who resigned on 7/7/06. Employee Information: Name Abdirashid Ahmed I sS# Address 55 California Street I DOB MW city Buffalo State ip Code 1 14213 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 SEP 6 9 :08 32SOCSC Si inti Date Signature of Director of Budget Date Si store 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 SEP 6 9 :08 32SOCSC No. 4 1 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 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 /Civil Service for the Appointment Effective: September 25, 2006 in the Department of Administration, Finance and Urban Affairs Division of Collections to the Position of COLLECTION OFFICER Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) PROMOTION Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM Enter Starting Salary) : Starting Salary of $40,670.00 LAST JOB TITLE Assistant Collection Officer NAME JOSEPH LOTEMPIO LAST DEPARTMENT Adm, Fin & Urbn Aff DATE 1014199 ADDRESS 62 Tacoma Avenue LAST SALARY 37,761.00 CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX -0777 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 11545001 TITLE CODE NO 0710 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2006 -36 SALARY RANGE OF POSITION 40670.- 47203 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Michael A. Seaman TITLE OF APPOINTING. AUTHORITY: Director of Treasury a d ollections DATE: 09-21-Q6-- SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK WN /btl - UKt HrrUiN i MtN i UH i t) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #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 the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). 1 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 September 25, 2006 Law to the Position of Special Assistant to the Corporation Counsel Permanent, Provisional, Temporary, Seasonal (Insert one) PD V1 I &qa @ Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM jEnter Starting Salary) : Starting Salary of $30,232.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Martha Cramer DATE ADDRESS 64 Pavonia CITY & ZIP Buffalo, New York 14207 LAST 4 DIGITS OF SSN. XXX -XX -6051 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 10546001 TITLE CODE NO BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2006 -34 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY: Alisa A. Lukasiewicz Corporation Counsel September 25, 2006 URMINAL + 3 CONICS I U: UI I Y ULLKK (UN/tSLt VKt AF'h'UIIV I Mr-NI UM I C) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS Could you please file the following letter to the Council and proposed Ordinance, with Commentary, which is also attached as a PDF document, to be considered at the same time the Council considers Councilmember Bonifacio's proposed Ordinance Amendment at the October 3, 2006 Council meeting. This item relates to Item #1 on the Legislation Committee's Tuesday, September 26, 2006 meeting Agenda, the Proposed Amendment to Sec. 511 -136 Zoning -Use Permit Required for Human Services Facilities, which was the subject of a public hearing on that date. I can be reached at 853 -3087 or by return email with any questions.Thank you. Sincerely, William W. Berry, Attorney at Law To the Common Council: On behalf of the Inclusion Task Force, I would request that you consider the following compromise Ordinance Amendment, with Commentary, also attached as a PDF document, as a more humane and less discriminatory alternative to the Social Services Siting Ordinance "Amendment" proposed by Councilmember Bonifacio, to be voted on at your October 3, 2006 meeting. Thank you. William W. Berry, Attorney at Law By: Ms. and Mr., Ordinance Amendment Chapter 511- Zoning, Use Permit Requirement The Common Council of the City of Buffalo does hereby ordain as follows: That Article XXVII and Section 511 -136 of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: R TO THE COMMITTEE ARTICLE XXVII ON LEGISLATION. [Restricted Use Permit] Human Services Facility Permit 6s IaS) z- 4 7 I,, 9/28/2006 9t . iapot.vi.v 17 4 ,,. 511 -136 [Use] Permit required for Human Services Facilities. [A. Legislative findings and intent. It is recognized that human service facilities exist in locations throughout the City of Buffalo. It is further recognized that there exists a concentration of such facilities in certain areas of the city despite application of the current Zoning Ordinances of the City of Buffalo. The continuing placement of such facilities in areas which are already over - concentrated serves to defeat the community integration goals of these facilities and may alter the nature and character of affected areas to the detriment of both the users of such facilities and the community in general. Further regulation is therefore necessary to balance the interests of the users of such facilities and the community in general.] A. Legislative Fi ndings and Intent. The Com mon _Counc hereby finds t hat h uman_s ervic es facilities provid valuable service to our most vu lnerable residents and em op to all residents that are crucial to the econom well being_ofthe City of Buffalo. T Co mmon Co uncil finds that locating human serv facilities througho the City of Buffalo is in the best inte o f those served and of th e neighborhoods o Buffalo The Comm Council recogniz that locating a hum an services_ facility_in_a neighborhood can be a sou of con cern and by th ordina seeks to fost communication-and coop eration rather than confronta amon and between local f acilities a l ocal communities. In enacting th ordinanc the Commo Council seeks to avoid a disp distribution of human services_ fa cilities and to establish clearly - defin proce dures that best meet t hat goal and s erve the best in terests of Buffalo's vu lnerable residents, neighb orhoods and h uman services facilities. Comment: ITF proposes that the legislative findings and intent be amended to more accurately portray the critical role of human service facilities in our community. The amendment softens the tone of the current provision, which comes off as exclusionary. The amendment also more convincingly depicts the democratic purpose of the ordinance, which is to balance interests which may be seen as competing. The current provision tends to treat the human service facility as a plague to be eradicated rather than as a necessity to be accommodated. Cf. "Declaration of legislative findings and intent... "accompanying Padavan Law, L. 1978, c. 468, Sec.], attached. B. Regulated uses. Effective July 1, 1995, no public or private entity shall establish a food panty, soup kitchen, substance abuse community or residential treatment facility, walk -in or drop -in center, counseling center, detention center, temporary or short-term shelter, transient housing, residential treatment facility established for penal or correctional purposes or similar facilities, but not includ places of worship and religious facilities,_ schools anddormitorie_s hotels and motels, roo ming hous or the administrative offices of a hu man services - facili in any R or C District in the City of Buffalo without first obtaining permission from the Zoning Board of Appeals. The requirements of this article shall apply to regulated uses existing prior to the effective date of this article which are enlarged or extended after the effective date of this article. Comment: ITF proposes that the Permit requirement be limited to R and C zoning districts, because there is no legislative finding that "over concentration " has ever been a concern in any other Zoning District. To burden human service providers (and their clients) with the requirement in those other Districts would leave the Ordinance open to equal protection rationality challenges based on overbreadth. Similarly, ITFproposes language clarifying that certain types offacilities are beyond the reach of the Ordinance, because they are not perceived by the Council or the electorate as contributing to any "over concentration " of human service facilities. 9/28/2006 rage j of u C. Application to Zoning Board for Hum an Ser vices Facile P ermit . Applicants seeking to establish uses regulated under this section shall submit to the Zoning Board an ap plic atio n for Hum Services Facility Permit in the following manner, on forms to b e sullied by the Department of Permit and I ns Servi S ad_forms shall be filled outer the applic and approved as to formes the Departm Thereafter, the app I- file sai for with the _DDe artment� to except in th c ase_o f a _gov ern ment agency applicant, with th fil ing fee-provided in Chapter 175 Fees, for an app for a Restricted Use Permit._ Th e Department_shall fo such applicat to th Z onin g Bo ard, a c opies _thereof _to the _Councilme who se District th Fa cility isropos to be located and t City Pla nning Bo ard, for their revie a nd advisory reco any no t later than _five business days after the _film of th appli T he D istri ct C may require a fac -to -face me eting _ with the_aa to be had w ithin fifteen 15) b usine ss day of th e filing of the application, to discuss the apT A any time_the a pplie ant may with the_aDDlication with judic to s a pplicat ions. Such a withdr will ter the proc se t forth in th is Art icle. The app sh co ntain a detailed description of the proposed use, including but not limited to an estimation of the number of individuals to be served at the facility over a stated time period, the number of residents to be housed, the activities and programs anticipated at the facility, the hours of operation and the degree of supervision at the facility. [The applicant shall also submit a demonstration of the need for such use at the proposed location and a detailed explanation of how this use will not adversely impact the nature and character of the area in which the facility is to be based. The applicant shall also submit the information required under this subsection to both the Common Council and the City Planning Board for their review and advisory recommendation, if any.] The Zoning Board of Appeals, Common Council, or City Planning Board may also require other information as may reasonably be necessary to ascertain the impact of the proposed facility on public safety, health and welfare. Comment: The ITF amendments supply much - needed clarification and explication of the specifics of the application procedure. For instance, at the February 24, 2004 Legislation Committee meeting, a full eight months after the effective date of the current ordinance, the Planning Board and not the Zoning Board was still ruling on the concentration issue. Moreover, there were no procedures then yet in place for even making an application to the Zoning Board. The ITFproposal also brings the Ordinance more into compatibility with the provisions of The Code of City Of Buffalo, Sec. 511 -122, governing Applications to the Zoning Board, with respect to application fees and the role of the Department of Permit and Inspection Services. The current ordinance significantly conflicts with that provision, in our opinion. In addition, the ITF proposal eliminates the ` proof of a negative " standard prescribed in the current ordinance, which places a logically impossible burden on the applicant to explain how the proposed use would not adversely impact the nature and character of the area in which the facility is proposed to be based. The proposal also eliminates the requirement that the applicant demonstrate the "need for such use at the proposed location... ", which could be used to arbitrarily deny any application for the reason that the facility could also be reasonably located across the street or next door. Certainly, based on the information required to be submitted and the open -ended information - gathering power given the City in the final clause, the Zoning Board will be able to make an informed decision on the "nature and 9/28/2006 r agv, -r vi v L character " issue, without prejudicing the fact - gathering process in favor of denial. The Padavan Law (Mental Hygiene Law Sec. 41.34) absolutely does not require a sponsoring agency to prove a negative or to show that a proposed site is uniquely suitable. Indeed, the statute and case law decided under it make it clear that the objecting municipality has the seldom -met burden of showing that "concentration " would "substantially alter... " "the nature and character of the area... ". Finally, the ITF proposal expands the role of the District Councilmember, allowing the Councilmember to require a face -to face meeting with the applicant. D. Standards. In addition to a consideration of the effect of the proposed use on the public health, safety, and aesthetics, the Zoning Board shall consider the impact of the proposed use on the area in which the facility is to be based, including the concentration of existing regulated uses. In determining imp t he Zon B oard s hall presum th at the nature and cha racter of the are is not altere if fe t han . five (5) perce of th nu mber of pa rcels w ithin _a one -half (Y2) radi of t he Pro Facil� are devoted to lan d_ uses re ulated u nder t his Art icle. The Zoning Board shall consider any recommendation from the Common Council or the City Planning Board, but it is not bound by these recommendations. Within 11201 days after receiving an application, the Zoning Board of Appeals shall either approve the application without conditions, approve the application with conditions, as specified in sub E,, or deny the application. Comment: ITF proposes an objective 5% standard to guide the Zoning Board in determining whether the concentration level substantially alters the nature and character of the area in which the facility is to be located. ITF also proposes an objective definition of "area" as the neighborhood within a %2 mile radius of the proposed facility. The 5% and %2 mile figures are drawn from the original ordinance, effective July 10, 1995. ITFproposes their reintroduction to speak to the Attorney General's criticism that the old ordinance had been "...applied in an uneven and inconsistent manner. " The absence of objective standards in the current ordinance makes it more offensive, not less, to the Attorney General's concerns. See, letter of dames M. Morrissey, Assistant Attorney General, to Darryl McPherson, Assistant Corporation Counsel, dated November 22, 2002, attached. If there is no objective standard, arbitrary, political decisions based upon the amount and nature of neighborhood opposition, rather than concentration, are a certainty. Planning by providers f these indispensable services is thrown into disarray in such an atmosphere of uncertainty. While the Padavan Law contains no objective definitions, its siting approval process is more circumscribed, its reach being limited to small residential facilities operated by two state agencies. Even given Padavan's limited scope, that statute's lack of definition of the concepts of "area " and "concentration " has resulted in a multiplicity of wasteful lawsuits, which the facilities almost always win. See, for example, Jenn ings v. _OH, a Court of Appeals case, attached. The 5% "concentration " level is well below minimum "tipping point" percentages established in sociological studies of neighborhood integration. The %2 mile radius figure comports with common -sense experience as to the size of a "neighborhood". Indeed, the size of the area, so defined, is approximately equal to the area of the average City of Buffalo census tract. A census tract, usually consisting of approximately 2000 to 4000 people, is recognized as a 9/28/2006 ragc -) ciu 1 � _ viable sociological substitute for a subjectively - defined neighborhood in studies in an urban environment. The time frame in which the Zoning Board must make its decision has been shortened from 120 days to 60 days to reduce an unacceptable burden on providers' ability to plan with some degree of certainty. - E. Conditions on approval. In [the event of an approval] instan i n which mo re than 5 of t he numbe of p arcels within a V mi le radius_ of t p ropose d t are dev to land u ses r egulate d un der this art the Zoning Board may attach such conditions as are necessary [or desirable in its judgment] to ensure the compatibility of the proposed use with surrounding property and overall development of the community. Such conditions shall be expressly set forth in the Zoning Board approval. Nothing contained herein shall preclude the Zoning Board from making reasonable accommodations in rules, policies, practices or services as are necessary to allow the users of a regulated facility to use and enjoy such facility. Comment: The ITF proposal limits the ability of the Zoning Board to "condition " conforming uses out of existence. First, it allows "conditions " only when the concentration standard is exceeded. Thus, the conditions would allow an approval, when, without those conditions, the Zoning Board would likely find that the nature and character of the area is altered, because the concentration standard is exceeded. (It should be noted that the ITF interprets its proposed amendments, as set forth in this sub paragraph and others, as permitting the Zoning Board to grant a permit without conditions even when the concentration standard is exceeded. Similarly, the Board could conceivably deny a permit when the concentration standard is not exceeded, if it makes sufficient factual findings to overcome the presumption in such low concentration cases that the nature and character of the area is not altered.) Second, the ITF proposal limits the discretion of the Zoning Board to impose conditions which it deems desirable, but not necessary. To preserve balance and democratic principles, and to ensure the peace and well -being of the community, the essential nature of these social services and the civil rights of those served must always be kept in mind; the "desirable " language trivializes both. F. [Denial of] Decision on application. The _ Zoning-B oard shall grant an application if it is determined t hat the nature and character o the area in w hich the facilit i s to be based would not be substantially alte as a result of the establishment of the facility.___ The Zoning Board shall deny an application if it is determined that the nature and character of the area in which the facility is to be based would be substantially altered as a result of the establishment of the facility. In the event of a denial, the Zoning Board shall issue a written decision specifying the basis for the denial. A certified c opy_ _of the Board's _ _inc lud__ing all terms_and conditions, shall be tra nsm i tted to the Commissioner of Permit and Inspection Services and I shall be binding up and observed by the Commi ssioner, who -shall fully incorporate such terms an d conditions of the decision in the p ermit whenever a_permit is authorize by the Board. Comment: Balance. Balance. Balance. The added section makes it clear that the Board's function can also include the authorization of apermit, that it is not there just to deny or approve with conditions. Tracking and modernizing the language of the Code of the City of Buffalo, Sec. 511 -123., governing 9/28/2006 raga u vi u f decisions of the Zoning Board, it also specifies that the decision must be forwarded to the Department of Permit and Inspection Services, which must physically issue a permit if the decision authorizes a permit. This is to avoid the confusion evident at the February 24, 2004 Legislation Committee meeting about just what constitutes a "permit, "and to give providers the assurance of physical evidence of a permit other than Board minutes. G. Abandonment of use. All approvals issued under this article shall expire and terminate upon the cessation or abandonment of the permitted use for a one -year period. H. Termination. All approvals shall be deemed to be personal to the holder and shall terminate upon the transfer of title or ownership of the property or change of operator, tenant or occupant or a change of use. I. Exemption. The requirements of this article shall not apply to hospitals, sanitariums or other institutions governed by § 511 -12H of this chapter. The requirements of this article shall not apply to those facilities whose site selection is comprehensively regulated by state or federal law and when such regulation is intended to preempt local regulation of site locations as contained in this article. J. Effective date and expiration. This article shall take effect on July 1, 1995, and shall expire on July 1, [2004] K. Severability. If any word, clause, sentence, paragraph, subsection, section or part of this article included in this article now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the word, clause, sentence, paragraph, subsection, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. 9/28/2006 Board of Directors Susan A. Green, President Rosemary Duran, Vice President John Anderson, Secretary Catherine M. Braniecki, Treasurer Pamela J. Kardeen Jennifer A. Majeski Hon. James A. McLeod Andrea Mujahid -Moore Roy S. Turner Executive Director Suzanne L. Bissonette Administrative Office 206 S. Elmwood Avenue Suite 301 Buffalo, NY 14201 (716) 852 -4331 Fax: (716) 852 -4533 Turning Point House Intensive Residential Rehabilitation 9136 Sandrock Road Eden, NY 14057 (716) 992 -4972 Fax: (716) 992 -4791 Cazenovia Manor Community Residence 486 North Legion Drive Buffalo, NY 14210 (716) 822 -8932 Fax: (716) 828 -0804 New Beginnings Community Residence 376 Dewitt Street Buffalo, NY 14213 (716) 884 -4952 Fax: (716) 884 -3910 Supportive Living 605 Fillmore Avenue Buffalo, NY 14212 (716) 894 -7274 Fax: (716) 894 -7275 Visions Place Mental Health & Substance Abuse Residential Program 923 Sycamore Street Buffalo, NY 14212 (716) 893 -8598 Fax: (716) 332 -9365 CAZENOVIA RECOVERY SYSTEMS. INC. Restricted Use Permit September 24, 2006 Cazenovia Recovery Systems is an organization, which offers a variety of services, including residential treatment, for disabled persons — more specifically those in recovery from addictions or mental health disorders. The proposed Restricted Use Permit would regulate future siting of agency programs. I believe that the re- establishment of this law places unique requirements on human service facilities that are not placed on others and that these requirements are discriminatory in nature. The premise of the Restricted Use Permit is that human services facilities and the persons they will bring into a community will "alter the nature and character of affected areas to the detriment of both the users of the facilities and the community in general." Such unfounded claims have included such things as a decrease in property values, an increase in criminal behavior or a general decline in the quality of the neighborhood. I realize that this Amendment is a response to property owners who are worried about an influx of human service programs and the possible negative impact on their neighborhoods. But these contentions are not supported by statistics or facts. Most court cases involving these types of restrictions without underlying proof of the need, find the laws to be discriminatory. Cazenovia, as well as other human service facilities, pride ourselves with being responsible and considerate members of the communities where we are located. We are proud to be a part of Buffalo. I am sure that human service organizations are appreciated, but we get very mixed messages about our services. To quote a participant during our last community meeting involving counseling offices: "Your organization truly does good work and we commend you for that. But we would prefer that you do not do your work in our neighborhood. Go somewhere else!" Similarly, the proposed Restricted Use Permit sends a very confusing message and does little to int 7—, s - _ AA ervices into city planning. This law is exclusionary and it should not be adopted. A � . LPCiminelli Memorandum To: Deputy City Clerk Gerald Chwalinski (3 copies) From: Program Packaging and Development Services (PPDS) Provider Date: September 12, 2006 Reprd4, Board Packet Documents l Attached are the following documents from the Joint Schools Construction Board meeting scheduled on September 11, 2006: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated August 7, 2006 3. Fully executed Phase II Application and Certificate for Payment No. 22 — July 2006 4. Phase II Application and Certificate for Payment No. 23 - August 2006 5. Program Packaging and Development Services (PPDS) Provider Update 6. Buffalo Niagara JOBS Initiative Update 7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II Project — July 2006 r ,. `1 l 325 Delaware Avenue ■ Buffalo, New York 14202 ■ Telephone 716.566.3748 ■ Fax 716.566.3749 ■ www.lpciminelli.com Tbe Council 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@city-buffalo.com September 21, 2006 Gerald Chwalinski, City Clerk 1308 City Hall Buffalo, NY 14202 7-: Proposal for Fire Promotional Examinations Dear Mr. Chwalinski, COMMITTEES FINANCE, CHAIRMAN BUDGET CLAIMS Please file the attached documents for the upcoming Common Council Session to be held on October 3, 2006. Thank you in advance for your assistance in this matter. Sincerely, B Davis Ellicott District Councilmember REFERRED TO THE rOMMITTEE ON FINANCE. "Communication is the keyfor a better tomorrow" E. B. Jacobs, Inc. P-rDPOsal for Fire PTOMUdonal Exam, in-adons Total Co of l $225,300 (in, c travel cost of 315 Adding $99,960 for monitors an d assessars an d 00 for Option I b En c nee Test, glue cos PrDPOsal Would be$335,260 ® Additional Direct Expenses not covered in the total cost: a Estimated Assesso and Monitor Expenses: $99,960 ® Practical Exam for Engineer/Driver — Page 60- of Proposal Option I a Custom Designed Test — Approximately $18,000 to $23,000 OR Option Ib Use of Exiting Test Approximately $5,000 to $ 10,000 No schedule of fees for expert testimony, counsel or deposition The total cost is based upon the assumpt of the following number of candidates: a Division Fire Chief 15 a Battalion Chief 25 ® Fire Captain 50 0 Fire Lieutenant 250 a Fire Engineer /Driver 250 Total: 590 Note: Proposal is very comprehensive outlining specific number of test question it on written exam, assessment center exercises and test time allotment. Pages 41-43 of the proposal list the primary responsibilities for the followin of EB Jacobs and the City of Buffalo Project Startup Job Analysis Test Plan Specification and Developm Candidate Preparation Test Administration and Scoring Reports L) EB Jacobs recommendations are based upon the information in the RFP and prev experience and standard methodology. They Propose the use IOUs work position. e of tailored tests f ®r each iA EB Jacobs, 1-ne Pa-e 2 V Z� J ob Analvsis Tasks to be performed and KSAP needed to perform these tasks Promotional testing involves a content oriented strategy of test validation Detailed job analysis of the position in which essential functions are identified (AIWA) and KSAP that are pro-requisite to task performance are delineated. Determine Essential Functions (Part of the ADA Philosophy) ® For all job analysis activities involving personnel from BFD, diverse samples of incumbents and supervisors (Subject Matter Experts or SME) will be stratified by assignment and tenure and will over-represent female and minority incumbents. * Interview and observe incumbents ® Interview incumbent's supervisors ® Review incumbent's responses to questions about tasks * Detailed description of each job as performed consisting of about 15 to 25 duties with 175 to 250 tasks per position. (Appendix A) ® Ratings of the task lists allows the organization of the duties and tasks according to their level of influence on overall job performance — essential functions. (Appendix B) Multiple criteria can be applied to determine whether job function is essential as opposed to peripheral or marginal All of the criteria does not have to be net but at least one should be met for a function to be considered essential. Focus on task performance, importance day one -on O-the- Knowledge Analysis (Appendix D) Interviews and observations, a list of knowledge sources is compiled, i.e. department rules and regulations, technical manuals, union agreements, NFPA Codes and Standards, textbooks, etc. Job ® Compile preliminary tasks and ?SPA lists ® Data collected through interviews, panel review, surveys and questionnaires are combined and analyzed to identify essential j ob functions, essential KSAP, assessment content and assessment component weighting ® For the Engineer/Driver position: information should be obtained from current incumbents perfonning the "tasks" associated with this title Test Plan Specification Job analysis identifies the most important job duties, tasks and KSAP. This link runs directly from the j ob to the task duties to knowledge analysis, test format or plan to test items. ® Reading list will be developed for technical knowledge exam ® Pages 14-16 of Proposal for preliminary test plan for each position and explanation why technical knowledge exam, written in basket and oral work samples are to be used. ® Proposal is based on the assumption one written exam will be used for each position. of _ EB Jacobs Page ?r ospd Al 1i ti s to b F ed (Palg v 16 of praposal - Tab l 2) iD Measuring *ob related performance dim ensions across multiple instruments is a hallrraric of assessment centers. Table 2 fists the proposed abilities to be tapped and evaluated. o pened a to e 3 B �k chn cat r wl�d P Vest, (Appendix F and G) (1) Closed Book: memorize and apply department policies and procedures and general supervisory knowledge contained in textbooks (2) Open Book: requires candidates to quickly access the relevant information from sources they would routinely have access to on the job (3) 100 NIC items altogether - 4 hours to complete the 2 part test Question: Who is responsible for supplying the necessary book(s) needed for the open boob exam? Written Work Samples/In basket Vests (Appendix IJ and I) ® Candidate is presented with various situations and /or forms and paper work and is required to demonstrate the ability to move the various issues and situations toward an effective solutions ® 10 to 12 scenarios with related questions to which candidate must response in a narrative or outline form a panel of 2 assessors evaluate the essay -style responses Oral Work Samples ® Standard practice is to present exercise material in paper and pencil format and have assessments conducted based on candidate live performance with assessors evaluating responses and have a role playing or administrative capacity Other option: rating based on video tape. Exercise would be designed to eliminate the need of assessors in role playing/administrative capacity. ® Oral work should be evaluated by 3 panel members Question: Is the ratings by video tape considered more consistent than live performance? Panel members could replay the response if they disagree on ratings and also to make sure important points were not missed in the candidate response. Based upon the consultant's experience they anticipate using the following 2 oral work samples for all four positions: (1) Incident Command: candidate has 10 to 15 minutes to describe how he would handle the scenario; assessors to ask questions (follow -up) no more than 5 minutes Appendix J (2) Performance Discussion Exercise: Candidate is given a description of a scenario and role playing interaction typically occurs in a 15 minute period. Appendix K Ei3 Jacob Page 4 l Other possible exercises pending job analysis: {3) Department/Community Relations Exercise: Requires candidate to address a group of superiors, peers or community group on a particular issue.(15 minute to respond)Appendix L (4) Event Planning Exercise — requires candidate to present a plan for assigning and directing resources at an event to ensure safety etc. (15 minute- to respond) For security purposes, the consultant will devise a system of parallel oral exercises forms to accommodate multiple days of testing — up to 5 parallel forms of the problem can be constructed. Driving /Poring Vest foraineer /riverositizan e Optional ® Cost considerations — Page 60 a Practical Exam in 3 sections 1. driving 2. pumper operations (i.e pressure calculations) 3. aerial ladder operations Candidates physically respond to each task by performing as they would on-the-job Candidates are scored on the basis of a comprehensive and specific set of guidelines based on but not limited to department rules, regulations, procedures, policies and standard practices Note: Practical 'Testing for this position is a good idea (even though it is very costly) since the essential duties /functions of the position are driving, pumper pressure and aerial ladder operations. Competeney ®based Performance Review Board m Optional • Data on work history, experience, past performance and job related training and development as relating to potential success in next higher rank can be rich sources of information • Problem: data is not typically organized or evaluated in a structured or standardized manner. • A type of "exam plan" 1. trained assessors review personnel folder — approx. 15 minutes 2. assessors listen to candidates presentation about his /her accomplishments and specific skills and abilities possessed for promotion — approx. 15 minutes 3. assessors may pose a series of follow up questions 4. assessors given 20 to 30 minutes to make an independent rating based on information in personnel folder and oral presentation by candidate Note. This exercise appears to be subjective and could have adverse impact on minorities and females Test Construction and Review • each test component is reviewed to ensure correct item construction has been used and keyed correctly • consultant reviews all components for cultural fairness • a reading level analysis of all exam material will be conducted using accepted readability programs. 0 .1E EB Jacobs Wage T a Test xrid r=eview, continupTl. A 2 to 3 person panel of fire Depart ent ME will be asscmble to;3Mew all exam material. SME can establish links between the test content and job domain Question, Should the SIDE for this phase be individuals who are not eligible for the promotional examination? Possible SIDE are current incumbents holding Division Fire Chief (highest civil service position). Candidate ELL ration - Appendix M Candidate Preparation Guide and/or camera ready /electronic form And ®n -site orientation — maximum 2 hour duration and is presented via Power Point Or Tutorial Program — 2 part presentation - Part I deals with written exam and Part II deal with the oral exam. - 2 to 3 hour presentation each Test Administration - Pages 27 & 28 (1) Cut Score Establishment and Estimated Candidate Pools ® Cut points in selection process is based upon validity concerns, consideration of adverse impact, ratio of candidates on eligible lists to actual hires. Consultant will work to find solutions that maximize validity, minimize adverse impact and meet resource needs. ® Issues of validity and adverse impacts best option is to give candidates all components of the exam. This will maximize the predictive capability of the process(by collecting multiple sources of information on each candidate) and minimizes adverse impact through the inclusion of alternate test formats (i.e. written and oral work samples) ® Issue of cut score decisions (meeting resource needs) is specific to the COB. The City needs to consider the number of candidates that must be processed to fill expected vacancies over the life of the list. The consultant has assumed that all candidates will participated in all phases of the examination and names will appear on the eligible list in rank order. Questions: Is the City interested in establishing a cut score on the final promotional list to distinguish candidates who are eligible for promotion from those who are not.? Rule 9 (4) Scoring of Examinations: Does this subsection coarse into play regarding cut score of these exa* minations? 0 r, ) EB Jacobs Page b (2) Logistics (T e s 5e- ,writ -5 On site written test administration in conjunction with Civil Service personnel ® Responsible for written test monitors Oral Test ® Train oral assessors and written work sample assessors Provide oversight at onset of oral work sample administration ® On site personnel for training and first day of oral administration ® Train City /Dept. HR monitors to handle remaining oral administration process Responsible for payment to oral test monitors (3) Assessors (Pages 30 & 32) Panel of 3 members ® Recommending to recruit from agencies similar in size and operation, according to gender and racial makeup matching gender and racial makeup of the applicable position or possibility over represented protected classes. Per RFP, Consultant assumes responsibility for assessor acquisition and expenses * Assessor will be retained from outside agencies under an exchange of services model ® Consultant assumes the following: - common set of assessors at the level of Division Fire Chief or above for back -to -back assessments for Battalion Chief and Division Fire Chief - independent administrators for the Captain and Lieutenant Oral Work Sample Exams ® Page 32 — Table 3 Proposed Oral Work Sample Assessment Schedule and Logistics For Essay Style In Basket/Work Sample — Battalion Chief and Division Fire Chief ® Independent 2 member panel consisting of internal department SME. This element can be evaluate without reference to candidate identification information. Would recently retired Division Fire Chief or Battalion Chief be considered instead of current DFC? 'Pest Security - responsibility of Civil Service Test Scoring and Notification (1) 'Pest Scoring • Generate item analysis statistics • Generate descriptive statistics for each exam and each portion • Analyze results for differences by ethnic, group and/or gender • Calculate the reliability for each exam • Add agency data, i.e. seniority points, if applicable • Create a final eligible list in rank order EB Jacobs Page 7 e Test Scoring and Notificatio'n continued: 10 Consultant recommends each test component be standardized prior to being combined to produce, final promotional scones 0 Weights for the various teat components are determined through job analysis and joint discussions 0 Final scores can be trans-t to a 100 point scale, rank order format or banded formats arc also available (2) Appeals ® Recommendations by the consultant: 0 Appeals regarding content be limited to assessment instruments with pre-defined correct or incorrect answer (multiple choice style test) 0 Appeals regarding assessors evaluations: appeal matters of procedure( i.e. length of session, study NOT individual assessor ratings. ® Will work with City of establish a process for handling appeals (3) Candidate Score Reporting and Feedback ® Appendix N ® Written score report and explanation for each candidate ® Detailed explanation of the process used to derive candidate's score * Summary of performance of all candidates in which candidates can get a sense of how they ZD performed in comparison to other candidates ® Score report page providing candidates with their overall scores, test component scores and scores on elements with each test * Narrative feed back and developmental suggestions related to essay style written work sample and oral work sample ® Score reports will be ready to be given to the candidates within 2 weeks of the final eligible list. Question: With the score report, could candidates challenge the process derived to obtain their score? Validation Strate I,y ® Consultant will develop a strong content validity argument for the testing process ® This validation rests upon notion that important elements of the job are measured in the exam and links between the test items and the defined content domain be made Job analysis data will be used to link test activities to job requirements Documentation and links include: (1) identifying duties and tasks performed by incumbents and KSAP need to perform them determine the relative criticality to job performance of the various job activities and requirements (3) developing test plan specification that assess critical ability, personal characteristic and knowledge areas (4) using test plan specification directly to develop the final test components Proiect Reports • Job Analysis and Final Validation Reports will be prepared to describe and document the development, administration and validation of the examinations • A j single siob analysis and final report will be prepared and will coverall positions. L, # E�` or% _ 11 Solutions Proposal for Fire Promotional Examinations T'Ual Cost of Proposaal, $121,790 fincludes trzvel CO3t of 12 Did not address the N[onitors and Assessors expenses Does not include cost of experttestin - _ony services, deposition and counsel (Cost Proposal — Page 22 and 23 of PFP) Project Work Plan 1. Comprehensive job analysis studies for all ranks. This includes input from BFD command staff members in order to gain accurate account of essential job tasks and KSA 2. Anticipate most comprehensive and valid promotional system for each rank will consist of the following: (a) multiple- choice written examination to assess essential job knowledge (b) a practical assessment to assess job - specific skills and abilities as identified by job analysis 3. Candidates who pass the written examination, based on a valid cut oft' score, will be eligible to proceed on to the practical assessment. See Page 6 of proposal for an outline of the proposed content of the practical assessment for each rank. Job Analysis ® interview and observe a stratified random sample of job incumbents; representative number of minorities and females ® interview a sample of supervisors and command staff members ® development of a comprehensive job analysis questionnaire (JQA) listing all potential tasks and KSAP associate with job a Subject Matter Experts (SME) , who supervise the target positions to review JAQ for all job tasks and KSAP * ** ® JAQ administered to large sample of incumbents and to select command staff personnel — data from both will be compared for consistency ® JAQ data identify tasks and KSAP essential to target job and importance and frequency ratings ® Linking essential tasks to the KSAP will ensure that the job tasks are related to specific, measurable knowledge areas and KSAP that can be assessed using conventional tests and assessments ® Essential KSAP will be used as a basis for developing written exams, structured assessments, assessment centers or other types of selection tools. (question: Who would be considered SME in BFD? Incumbents in command positions would be eligible to participate in these prom. examinations including the Commissioner and Deputies. Possibility Div. Fire Chief or recently retired Battalion and Division Fire Chief? 110 Solutions Page 2 Promotional Job Kno on Z Job knowledge exam will be supported by content validity evidence which is established through a thorough linkage ofJob description/job analysis to the measareable dimension of the exam and through SNIE, involvement in the development of the exam plan and review of exam items Exam flan and Reference List DevElo merit ® Written job knowledge exam - identify knowledge areas that should be assessed by the exam and the source or reference materials from which knowledge can be drawn 1/O Solutions will identify those knowledge areas and the SME will review and finalize the selection of knowledge areas and sources or references. SME will assist indentifying the relative importance of the knowledge areas, review potential reference /source materials and identifying the chapters and sections most relevant for the target position. ® SME will ensure the exam plan and the candidate study /reference list meets their exceptions Candidates will receive a list containing sources that will be used to create the exam and the specific chapters /sections that candidates should review. Question: Will the specific sources, reference or books be made available to all candidates who will be participating in these examinations? Question Development and Review ® Approx. 125 multiple- choice questions will be drafted based on exam plan; will be reviewed and distilled down to 100 MC questions ® SME panel will review test questions to ensure questions are of high quality and collect ratings to support the validity of the test and to determine an appropriate test cut -off score. ® SME will provide the following ratings: (1) Content Validity Ratio — provides evidence of the degree to which content of test mirrors critical content of the job (2)- Anghoff Rating will identify the difficulty of each test item and allow for selection of a cut -off score that equates to minimally qualified levels of job knowledge. Note: data collected from this rating is highly valuable to the defensibility of the written exam. ® Data collected from this review will be used to select the 100 question items that will be used and select a cut -off score that will allow only minimally qualified candidates to pass the exam. ® Note: Candidates who pass the written exam based on a valid cut off score will be eligible to proceed to practical assessment. Questions: Is candidate ranking on eligible list based on the Written Exam only? What is the weight of the Written vs Assessment Center Exercises? Is the Assessment Center Exercises pass /fail? Would this type of scoring cause adverse impact on minorities and females? How defensible in court would this type of examination — pass written test before proceeding to practical assessment? 1/0 Solutions Page 3 Test Review/Appeal: 1/0 Solutions will work with department to develop a reasonable and standardized for-mat and provide the necessary materials to carr this review. J Assessment Center Revelopm-ent and Validation * Job sirnulations/exercises geared toward measuring essential management and supervisory b Z:) zn skills of promotional candidates ® Exercises include one-on-one role plays, group presentation, tactical simulations, in box simulations and written problem solving exercises; * Candidates are rated by Assessor who use a specific rating criteria developed by experts in the industry. * Supported by content validity evidence which is established through the clear linkage of job description/job analysis to the skill and abilities that will be assessed in the center and the linkage of essential job tasks to the simulation exercises selected. ® SME will review each exercise and rating criteria to ensure local validity. Question: Does the SME have an expeusive amount of input into these examin Exercise Selection and Development Identify the skills and abilities that should be assessed by the assessment center and the SME who hold target rank and/or supervisor the target rank to identify job duties and critical scenarios that would constitute valuable assessment exercises. ® Pages 14 to 19 information about types of exercises created and common skills and abilities that are assessed by the assessment centers and specific performance dimensions with behaviorally anchored criteria. ® Candidates will be provided with a written study/preparation guide about the structure and administration of the assessment centers ® 1/0 Solutions will oversee the administration of the assessment center, train the Assessors, who are from outside agencies that hold a rank at or above the level of the target rank and train individuals who will act as role-players Project Technical Report Will be compiled at conclusion of project to document the methodology and the manner in which each selection tool was validated and administered. am MHOMM BNOMMOMM Ran %am mamas mono goo ® ®a ®®®®g M All target ranks will have job analysis, written examination, assessment center development and administration. Barrett and Associates, Inc. t �� Proposal for Fire Promotional Examinations Total Cost of Proposal: $1,1.68,319.50 (Pages 72 -74) Did not address the Monitors and Assessors expenses in proposal Proposal does not include the administration, scoring and reporting of the alternate form of the tests. Would have to be negotiated Travel expenses are billed at cost. Driving mileage is billed at $.455 per mile Cost Proposal for each position: Engineer/Driver $217,174.00 Fire Lieutenant 276,798.00 Fire Captain 234,185.50 Battalion Chief 222,267.00 Division Fire Chief 217,895.00 Pages 45 -50 in Proposal outlines the timeline for all ranks Barrett and Associates will conduct a comprehensive review of the professional literature, alternative selection procedures and relevant federal and state court cases. Job Analysis • Does not plan on using a ,job analysis questionnaire at this time • Review the current job descriptions for each existing job • Conduct in -depth interviews of incumbents and their supervisors on different shifts and specialities. • Also attempt to interview a representative sample of men and women, devise a sampling plan that will have racial mixture comparable to the overall racial composition of each job • Records the interviews but will not record incumbent's name but will record the race and sex of both the interviewer and interviewee • Rely heavily on supervisory ranks to verify information from the rank and file • For Lieutenant and Captain — 20 incumbents and 5 -10 supervisors • For Battalion and Division Chief - 5 -10 incumbents and 5 -8 supervisors • For Engineer/Driver - more than 20 incumbents with 5 -20 supervisors. (Will interview a sample of incumbents currently considered "driver ".) • On site observation on different shifts and specialities • Use cognitive task analysis techniques as a supplementary procedure to obtain detailed information about the job • During the job analysis, obtain detailed information about the KSAP — supervisory input will be especially- important at this point. i Barrett and Associates The in-depth interviews and observations of representative sampling of incumbents and supervisors will be sufficient to write an accurate job description for each job. Plan to distribute the job description to all incumbents and supervisors for their critical review which will provide everyone the opportunity to be a part of the process and will enhance the face validity and creditability of the testing process. ® This level of review will provide the best information possible for test development purposes and the comprehensive process like this will make the study easier to defend. ® For the new position of Engineer /Driver, the consultant will obtain information from present incumbents, interview more supervisors than normal. Tested for this position in other jurisdiction and feel they are familiar with the position and the KSAP that are required for the successful performance in the job. ® When the final job analysis report is delivered, the consultant will make a recommendation about the type of validation strategy they will use. However, at this time their preliminary recommendation is to use content validation strategy (CVS) because the most important reason is the small sample sizes especially in the upper ranks Does not believe that empirical validation is feasible because there will not be sufficient statistical power to detect relationships between predicators and criteria Candidates Study wide ® Develop study guide for candidates to prepare for the examination; general descriptions of the test and may provide with sample test items; provide with general rules that will be followed during test administration ® May hold test preparation session over a 2 say period, i.e. morning, afternoon, evening or one session over an entire day ® Possibility of preparing videos for candidates can use as part of the test preparation process Test Development • Exam will be customize and design to fit the COD needs • Offers greater relability and validity • Standard types of test used for promotional systems might be used: (1) Multiple Choice job knowledge tests (2) Multiple Choice in basket exercises (3) Oral presentation exercises (4) Incident management /tactical exercises Steps taken to reduce adverse impact against minorities and to ensure accuracy of scoring process: ® Multiple Choice 'Pests (MC): Minorities may have difficulty with this type of test. Consultant is considering using constructed response tests (Edward & Arthur 2006) which can assess candidates knowledge of important areas of performance without having to read through multiple alternatives on a MC Test. This test is design in such a manner where there is one best answer to each question. x, Barrett & Associates Page 3 ® MC Test with 3 alternatives: use of more than 3 is superfluous (Sidwick, Barrett and Doverspike 1994) Reading Passage: try to detennine if questions can be answered without reference to the written material (Barred, Miguel & Doverspike 1997) Does not make sense to include written material that may unnecessarily confuse some candidates if it is not necessary to answer the questions. Reading material should only be included if it is necessary to answer the questions that are asked. Oral Presentation Exercise • Use of training program to familiarize candidates with testing process • Will train all candidates on how to give an effective oral presentation Expert Review of Tests and Scoring Procedures ® This review is at the same time the test is being administered. Question: Is this considered common practice that the test question items be reviewed by a panel of SME for relevancy at the same time the test is administered? • Expert panel consists of seven (7) members of the BFD who are at or above the rank that is being tested • Review the test question items and answer key and determine if keyed answers are the best answers; if any items should be eliminated or if different alternatives can be considered best answers. Review and Formal appeal ® Copies of answer sheets for candidate review to COB ® Binder from Barrett & Associates containing items and rationale for having one answer as the best and why other answers are not the best ® Source material will be available to answer stated rationale is correct Linkage Deport ® Efforts to link proposal tests to work behaviors and KSAP Examples of Possible Tests ® Job analysis and KSAP required to perform the job will determine the actual tests to be administered • Written Exam: Multiple Choice job knowledge test • Identification of test sources: recommended list of test reading sources. Question: Will these test sources be available to all candidates Barrett and Associates Page 4 Development of a Test Plan • From the list of test sources, the test plan identifies the number of items that will be written and the source • Number of items written from a test source is determined on a number of factors including importance of tasks or behaviors being assessed by the source and frequency of tasks or behavior assessed by source. • Recommending a committee of appropriate EFD personnel to assist in developing the test plan • Once the number of items per source is determined, a pool of items for each source will be written Development of Test Items ® All test items will have 3 alternative answers with only I alternative as the best answer to an item ® Will follow the Barrett & Associates structured item writing approach In Basket Exercise • Most common type of assessment center exercise — appropriate for all (except Engr/Driver) • Candidate demonstrates how he /she would deal with written material • Written instructions to candidate and a set amount of time to review and respond to material • Designed to assess a candidate's ability to organize information, prioritize work, apply rules and regulations, make decisions and plan action to be taken • Respond format can be multiple- choice or constructed response • Answer keys will be developed and used to score the candidate's response. Scoring keys will be reviewed by SME panel Structural Oral Communication Simulation (Recorded and rated later) • Candidates are given scenaaro through written instructions and have a set amount of time to review material • Candidate gives a brief presentation which is recorded, timed and rated at a later date • Typical dimensions for this type of exercise are communications dimension, organization and planning dimension and relevant material coverage dimension Incident ManaLrement /'Tactical Exercises • Most meaningful types of exercises from Fire Lieutenant to Division Fire Chief because it gets to the heart of what a fire officer does • Candidates are given a scenario and asked to resolve the situation, i.. e., major fire incident, mass casualty incident, hazardous materials incident, train derailment, etc. • Typical dimensions for this type of exercise are problem analysis, planning, decision making and resource. Do not use role players or actors for this exercise. Barrett and Associates Page 5 For Enaincer /Driver Position — Oral * Can develop an exercise similar to a constructed response test on a computer screen ® Candidate would encounter short scemaros on a computer screen and need to make "real woad decisions" about action to be taken. Example — diagram with hydrant locations and Officer in Charge might instruct Engr /Dr to drop off a "plug man" at the hydrant closest to fire OR Officer in Charge tells Engr /Dr where to position apparatus. Candidate is given a standard amount of time — operating under time constraints ® These items would have best answers similar to a written multiple choice or written constructed response tests. ® Assessors are not needed — computer automatically scores the candidates' responses. ® Would not require any review time beyond candidate examining a diagram or reading a short sceniaro, giving a response within a standard time that would be a matter of seconds ® Using 30 computers, provide candidates 15 to 30 short scenarios or diagrams; give them one -half minute to one minute to respond. Administration of Oral Simulations — pages 30 to 33 a Explains in depth how they are scored using wireless network of computer systems Candidate Feedback • Can be provided regarding their performance during the examination process • Raters discuss the candidate's performance and decide on the feedback they wish to provide • Purpose of the feedback — identify the candidate's strength and weaknesses; provide information that a candidate can use to make sense of the scores he /she received on the exercises. ® Important aspect of the feedback, the BFD will be able to identify similar areas of weakness across many candidates and can develop training programs that addresses these weakness Training of Assessors • Does not advocate live rating. Responses are recorded and rated at a later date • Using local raters from the Ohio area • Can conduct training of assessors on site in Buffalo. (Cost would increase and to be separately negotiated • Training for assessors takes an entire day; split up into a number of phases Test Administration ® Written Exam be administered during one day and any assessment procedures that need to be recorded be conducted the following day Scoring and Reporting • Test data will be analyzed using the Integrated Testing System and other statistical software programs • Candidate's score will be the number of items answered correctly • Weight of each component will depend on the job analysis and professional judgment • It is possible that separate components will be equally or differently weighted — depends on the job analysis 1, ',I. Barrett & Associates Page 6 Scoring and Reporting confinued. * After tests are scored, conduct a preliminary item analysis of the results and then clear the final scoring keys with the COB ® For each applicant, determine the number offitems answered correctly, incorrectly and omitted for each component ® Using the weighted results from the job analysis, will determine a formula that will be used to obtain a score for each applicant * Will prepare frequently distribution scores on the components and on the test as a whole and will provide data on subgroup scores ® Prepare a report for the COB detailing statistical characteristics of the examination, frequency distributions, percent scores, reliability coefficients, etc. ® Will recommend an appropriate pass point for the examination and its components ® Currently recommending that cut scores should not be used since the current legal trend is not favorable. Cited Isabel v Memphis (2005) & US v Delaware (2004) — courts upheld that cutoff score used was not indicative of a minimal qualifications of the job Final Repo and Other Reports ® Final report will be prepared for each rank that is tested. ® Will not have to do a transporability study since they will validate both test batteries (one to be used now and the other to be used at a later date) concurrently. Expert Witness Services • Will provide litigation consulting and expert testimony as and when needed • Compensation is on a pre - determined hourly rate. ►i E PROBLEMS WITH POLLING PLACES Attached is correspondence from Judy McReynolds which is available for review in the city Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE AND THE ERIE COUNTY BOARD OF ELECTIONS r 1 J X A f , fl ,,r 3 1 � „ rd • ffj Attached is the speaker list from the Public Hearing September 26, 2006 on Ordinance Amendment Chapter 511 -136 Zoning Use Permit Request for Human Service Facility. 1. � C�, s s . off- I ?, Kl z 4 q o 1 VIANd -Sy � J NO a � a Circus Myths° r' 3 L � A Closer Look at Wildlife Issue�'Facing Wildlife Should Wild Animals Be Kept as Pets? Circuses Fur and Trapping §Habitat Loss and Fragmentation Humanely Reducing Agricultural Damage by Wildlife Hunting Immunocontraception Lethal Predator Control Courtesy of Widlife Services Longline Fishing Threatens Sea Birds and Other Marine Life Protecting Threatened and Endangered Species Rattlesnake Roundups The Problems and Solutions for New Jersey's Black Bear Population Turtle Excluder Device (TED) Mldlife Trade Yellowstone Bison Hazing and Slaughter Fur and Trapping Stop Canned Hunts Cape Wildlife Center Urban Wildlife -Our Wild Neighbors Wildlife and Habitat Protection Programs Wildlife News Videos Circus Myths ' #' ................................ ............................... 000 The Humane Society of the United States has monitored circuses for 20 years, chronicling training methods and living conditions that the animals routinely experience. We have kept track of incidents and anecdotes that explode many of the myths that circuses want you to believe —myths that help them perpetuate the big lie behind the big top. Myth #1: Circus animals perform tricks out of love for their trainers. Fact: While circus promoters claim that trainers use only positive reinforcement, or rewards, reports prove otherwise. Circus training methods include beating animals with clubs and other objects (even during performances) and depriving them of food. Trainers sometimes strike elephants with sharpened hooks, which can result in physical injury. Trainers resort to brutal methods to maintain a position of dominance. Yet wild animals will always behave in instinctive and unpredictable ways and can never be made willing or safely manageable through training. f C iA .. B TI c T Myth #2: Circus animals are like beloved children, taught and nurtured their mat Us whole lives. a Donate Now l:gi3tjon a Fact: Many circus animals are leased seasonally from dealers. The animas move from circus to circus, following seasonal contracts. Many circuses don't bother to In the cts provide regular, competent veterinary care. Animals who aren't obedient or who pubfica ttt"s have grown too old to perform may be sold or given to zoos, roadside attractions, Rtes& Rom research laboratories, or pri ti s unlike) to improve their quality of life. � HE COMMI Int a tiarot ON LEG ISLA TION . NSUS in the Fieitl Myth #3: After the show, the animals rest in comfort. Page 1 of 2 http : / /Www.hsus.orglwildlifelissues €acing_wildlifelcircuseslcircus myths.html 4/18/06 i HSUS » Wkdlife » Issues Facing Wildlife » Circuses Circus Myths An( 1d Humam Ming Member Offers Receive action alerts, tips, news and special offers via e-mail. First Name Last Name ��. Your Email h ere Zip Code x J$IN Page 2 of 2 . Fact: After the show, the animals are locked in cages and shipped to the next town. Circus animals spend much of their lives in small, often dirty cages, barely able to turn around. Circus animals often are shipped in trucks and railway cars without heat or air conditioning and often are deprived of food and water for extended periods. Myth #4: The circus is safe fun for the whole family. Fact: People, as well as animals, are injured at circuses. In 1994, an elephant named Tyke charged through an audience in Honolulu after killing one circus employee and injuring another. Tyke was shot to death on a city street. In 1990, a chimpanzee abandoned his motorcycle act, rushed into the stands, and bit a child. In 1994, a baby elephant named Mickey was beaten during a performance. A month later, during another performance, Mickey attacked a child. Myth #5: Circuses sere endangered species by educating children and adults. Sa Fact: Watching wild animals perform unnatural tricks outside their natural habitats doesn't teach people anything about the animals. By displaying bears as tricycle- W Ou Sto riding buffoons and by dressing elephants in tutus, circuses present animals as � J creatures whose purpose is to amuse us. Myth #6: Laws protect animals in circuses. Fact: While standards for handling, care, treatment, and transport are written into the federal Animal Welfare Act (administered by the U.S. Department of Agriculture), those standards are minimal and poorly enforced. Persistent violators are rarely prosecuted. E -MAIL THIS PACE PRINTER FRIENDLY E ...._ .......... ............................... ...................................... .. ...... ........_ ....._...- .- ..._........._..... !r' Animma0 Orncodents at the Circus ii A nirna0 -Free Circuses and Entertainment Circuses and the Law Remaining P ®Oar Bears Seized from Suarez Circus USDA Seizes the Moment, Orders Hawthorn to Give Up 96 iEOepharnts Wha4 You Can Do about Circuses Copyright O 2006 The H umane Society of the United States. All rights reserved. I Privacy Policy 1 Contact Us http : / /Www.hsus.orglwildlifelissues facing wildlifelcircuseslcircus myths.htrnl 4/18/06 r Training Methods: The circus industry would have us believe that the animals in the ring have been exposed their entire lives exclusively to positive reinforcement training methods. But common sense dictates that elephants in the wild don't eagerly Stand on their heads and that tigers don't naturally jump through hoops. They are trained to perform unnatural tricks through the use of standard circus industry tools including bullhooks, chains, and electric prods. The bullhook (also called a "hook" or "ankus ") is perhaps the most notorious tool in the animal trainer's arsenal. Used on elephants, the bullhook is a long, thick pole with a sharp metal hook on one end. Though elephant skin is thick, it is also very sensitive. During training, it is not uncommon for an elephant to scream and drop to his or her knees to try to avoid blows from a bullhook. In addition to the bullhook for poking, stabbing, or beating, other training tools and methods used to initially "break" and train animals throughout their lives include lengthy chaining; deprivation of food and water; and the forcible use of whips, clubs and other blunt objects, and electric prods. While a circus performance is in progress, the audience may see animals receiving food rewards, praise, and positive feedback. Observant audience members, however, will also notice bullhooks and other devices of domination; elephants and large cats may even be struck repeatedly during the show, and may exhibit signs of intimidation and fear. What the circus industry doesn't want anyone to see is what happens behind the scenes, where the object is to " break" the animals and then train them throughout their lives so they will perform unnatural tricks, show after show, year after year. The circus maxim is "The show must go on" — and so it does, whether the animals are willing or even able to participate. The tricks that animals must perform are unnatural, frightening, and even painfirl; but they must perform. Only a training method tougher than the animals could command such obedience from them. Taken from Animal Protection Institute t .:t a t t 1 t t 1 �a 4 , s s, 1 ` a , a '+ a s a s s s t s a s � a ♦ ♦ s s ♦ The bright lights, the roar of the audience, the beautiful costumes... The animals of the circus look like they are having so much fun. They entertain the audience, make them laugh, and perform such amazing tricks. But did you ever think of what happens when the show is over? The truth is these animals live a dismal life of abuse and confinement. Here are some reasons why animal circuses are an outdated and an abusive form of entertainment: NO FREEDOM: Exotic animals roam over large areas of land in the wild; circuses restrict them to cages and chains. BEATEN: It is standard practice to beat, shock, and whip animals to make them perform tricks. Numerous former trainers agree that beatings are a routine part of training. ENSLAVED: Most elephants are captured from the wild and removed from their families. Baby elephants are torn from mothers and kept in isolation. All animals have no choice to be in a circus and are subject to chains and cages. ' . MINIMAL PROTECTION: The Animal Welfare Act establishes minimum guidelines and the laws are poorly enforced. Many circuses have lists of citations from AWA. UNEDUCATIONAL: Circuses show a distorted view of wildlife of animals in an unnatural habitat doing unnatural tricks. They offer no education value and confuse children about wild animals. EXPLOITED: Circuses portray animals in a distorted, humorous light in which the audience laughs at them in silly costumes doing tricks. The animals get no respect DANGEROUS: The use of exotic animals jeopardizes public safety and puts children's lives at risk. Since 1990, 47 people have died and 100 injured just from elephant attacks. HORRIBLE TRAVELING: Animals travel in poorly ventilated trailers up to 50 weeks of the year in extreme weather conditions that deviate from their natural habitat. Access to food, water, and veterinary care is inadequate. PEOPLE CIRCUSES: There simply is no need for animals when acrobats and clowns can easily replace animal acts and the circus tradition can continue. People are the only animals who have a choice. �s S A R � ftl�' "� '"- �' 1 � *v "�' "�' CIRCUSES dr SAMPLE ORDINANCE PROHIBITING THE DISPLAY OF WILD AND EXOTIC ANIMALS WITHIN THE CITY OF BUFFALO, NEW YORK In order to protect the health, safety and welfare of its citizens and to prevent the abuse of wild and exotic animals, the City of Buffalo has determined that the display of wild or exotic animals should be prohibited within the city. Section 1. Definitions. As used hereinafter, the following terms shall mean: A. Display: "Display" shall mean any exhibition, act, circus, public show, trade show, photographic opportunity, carnival ride, parade, race, performance or similar undertaking in which animals are required to perform tricks, fight, wrestle or participate in performances for the amusement or entertainment of an audience, whether or not a fee is charged. "Display" shall not include the use or exhibition of animals for animal - related educational purposes by non -profit groups, institutions or individuals. "Displayed means to be the subject thereof. B. Educational Purposes: Teaching and instructing with the intent and effect of imparting knowledge to others. C. Person: Any individual, family, group of individuals, corporation, partnership, organization, joint venture, association or institution recognized by law as a person. D. Wild or Exotic Animals: "Wild or Exotic Animal" shall mean any or all of the following animals, whether bred in the wild or in captivity, and also any of their hybrids with domestic species. The words in parentheses are intended to act as examples only and are not to be conststied as being an exhaustive list or to otherwise limit the generality of each group of animals: 1. Non-human primates and prosimians (such as chimpanzees, monkeys); 2. Felids, except domesticated cats; 3. Canids, including wolf hybrids and except domesticated dogs; 4. Ursids (bears); 5. Elephants; 6. Marine mammals, ceteceans (such as seals, sea lions, dolphins, otters); 7. Crocodilians (such as alligators and crocodiles); 8. Marsupials (such as kangaroos and opossums); 9. Snakes and reptiles; 10. Ungulates (such as hippopotamus, rhinoceros, giraffe, camel, zebra, deer); 11. Hyenas; 12. Mustelids (such as skunks, weasels, otters and badgers), 13. Procyonids (such as raccoons and coatis); 14. Endentates (such as anteaters, sloth and armadillos); 15. Viverrids (such as mongooses, civets, and genets). �v Section 2: Display Prohibited. No person may display or sponsor a display of wild or exotic animals on any public or private property within the city. Section 3. Violation. To be determined. Section 4: Exception. The provisions of this chapter shall not apply to the display of wild or exotic animals by the American Zoo and Aquarium Association (AZA) accredited institutions (such as the Buffalo Zoo) or by The Association of Sanctuaries. Stephen B. Karnath, Esq. September 26, 2006 Senior Vice President H. Christine Kregg Vice President Lance A. Fertig, Esq. Secretary Mr. Chairman and Honorable Councilmembers, I am Scott Gehl, a M Treasurer Riegel resident of Thatcher Avenue in the University District and executive Arthur Butler, director of Housing Opportunities Made Equal. As you know, HOME is a President Honorary P civil rights organization with nearly 500 members in the Buffalo area Grace A.Andriette,Esq. David J. Banks, Ph.D. which, since 1963, has led the struggle for fair housing in seven counties William W. Berry, Esq. Catherine M. Braniecki of Western New York. Rita A. Capezzi, Ph.D. Diana Cooke Rosalie l Mary HOME has been involved in the controversy over the sitin g of Gia Jo o Gia mbelluca ", James es human service since Februar 18 1995 when the Buffalo Linda R R. Linda . Hassberg, Esq. Camille S. Hopkins programs p g Y News published a viewpoints article I had written contending that a then Mark V. Johnson Dan D. Kohane, Es proposed moratorium on group homes would violate the federal Fair Samuel E. Loliger Janet B. Meiselman Housing Act. Leah R. Mervine Charles C. Thomas, III Juan Cares Valentin The following June the City of Buffalo enacted the Restricted Use Yvette Viera Scott W.Gehl Permit Ordinance —which essentially required the granting of special Executive Director D approvals whenever a human service agency wanted to open for business Friends of HOME George K. Arthur or even expand services in an appropriately zoned location. That is the Florence E. Baugh Nancy M.Blaschak key here: we are not talking about a commercial operation opening in a Joan K. Bozer Dr. John M. Bozer residential area (which would properly require a variance); we are talking Hon. Byron Robert T. Coe Brown about a non - profit commercial operation in an appropriately zoned Hon. Brian Davis commercial area. The Restricted Use Permit Ordinance raises the bar — Arthur 0. Eve a David B. Filvaroff imposing an additional burden on non - profit human service providers. Rt. Rev. J. Michael Garrison Betty Jean Grant B. Gwendolyn Greene William R. Greiner Who does this measure affect? It affects soup kitchens but not Dr. Muriel Howard restaurants. It affects food pantries but not supermarkets. It affects Hon, Sam mental health agencies but not the offices of private psychiatrists and John J.HueY Es Arthur Hyde John A. psychologists. This is a measure which regulates services to people with J ohnson Norman E.Joslin disabilities and the poor. In Buffalo, that also means it has a disparate Hon. Renee Kimble Most Rev. Edward U. Kmiec impact on people of color. John J. LaFalce, Esq. Hon. Lynn M. Marinelli Anthony M. iello Rev. Fr X. Rev. Francis X. Mazur In March of 2000 HOME helped bring together more than 30 Brenda M Eugen Meeks McDuff Eugen human service providers who subsequently took the name Inclusion Task e Deborah A. Force. This group worked with Erie County to eliminate the need for their FFankB.Mesiahifield Jesse Nash Siting Committee on Human Services. Hon. Crystal Davis Peoples Jan Peters John 1. Phelan, Esq, James W. Pitts In 2002 the Office of the New York State Attorney General, Jack Quinn concerned about civil rights violations, conducted a review of 58 Gregory P. Rabb possible Hon. Bonnie E. Russell applications for Restricted Use Permits filed between 1996 and 2001. In a Rev. Joseph J. Sicari Hon. Louise M. Slaughter Ruth Kahn Stovroff f Katherine A. Tarbell Hon. Antoine M. Thompson _ / p Dennis C. Walczyk V 3) Denis J. Woods t Daniel S. Workman, Jr. 42 Page 2 letter dated 11/22/02, the Attorney General advised the City of Buffalo of apparent inconsistencies in the application of the statute. The Inclusion Task Force then entered into a dialogue with the Legislation Committee and the Law Department to develop an even- handed ordinance to facilitate communication and cooperation between communities and human service providers. As a former Buffalo Councilman myself, I assure you I understand the importance of good communication and good neighbors. While the ITF was working with the Legislation Committee, in 2004 we determined that the old Restricted Use Permit Ordinance had expired. Nevertheless we pressed ahead and were told by the then Corporation Counsel that state law preempted local regulation in this area. Now there is a new Corporation Counsel, a new legal opinion and a new effort to resurrect an old ordinance which has had a chilling effect on human service organizations, some of which are among the largest employers and engines of economic development in our city. More importantly, this ordinance has had a negative effect on their many tens of thousands of clients —who work, pay rent and taxes, and are among our most vulnerable citizens. On behalf of the Board of Directors and the 500 members of HOME, I ask that the Legislation Committee and Common Council not approve the ordinance before us this afternoon. Instead, I urge you to commit to bringing together concerned community residents, service providers and their clients to write a law acceptable to all parties. Thank you. F ENDORSEMENTS FOR THE HUMAN SERVICES FACILITIES PERMIT ORDINANCE Alzheimer's Association of WNY American Red Cross /Greater Buffalo Chapter Aspire of WNY (UCPA) Belmont Shelter Corporation Benedict House of WNY Catholic Charities Child & Family Services Community Services for the Developmentally Disabled Crisis Services DePaul Community Services Erie County Commission on Homelessness Erie County Community Services Board Erie County Department of Mental Health Gilda's Club of WNY Hodge Pediatrics /Children's Hospital Hopevale Inc. Horizon Health Services Housing Opportunties Made Equal Jewish Family Services Jewish Federation of Greater Buffalo Lake Shore Behavioral Health Life Transitions Center Living Opportunities of DePaul Mental Health Association of Erie County Mid -Erie Counseling & Treatment Services Niagara Frontier Ministry /United Methodist Church NYS Office of Alcohol & Substance Abuse Phoenix Frontier (Niagara Frontier Vocational Rehabilitation Center) Rental Assistance Corporation of Buffalo Rt. Rev. J. Michael Garrison, Bishop of the Episcopal Diocese of WNY Spectrum Human Services Transitional Services Inc. United Way Agency Executives Association WNY Veterans Housing Coalition YWCA of WNY NOV 2 5 2002 E =nom STATE OF MEW YORK V OFFICE OF THE ATTORNEY GENERAL ELIOT SP=R Attorney General REGIONAL OFFICE DMS10N Direct Dial (716) 853 -8471 BUFFALO REGIONAL OFFICE November 22, 2002 Darryl McPherson Assistant Corporation Counsel 1102 City Hall Buffalo, New York 14202 Re: Restricred Use Permi Dear Mr. McPherson: This office conducted a review of the restricted use permit review process set forth in Sections 511 -136 and Sec. 511 -55.8 of the Code of the City of Buffalo. The restricted use permit orocess requires that all human service providers must first obtain a special permit approved by the Common Council before locating or expanding and human services within the city. We conducted the review we were contacted by human servire providers who expressed a concern that the process was being applied unevenly. The purpose of this letter is to provide you with the results of our review. First, thank you for the opportunity to meet with you and members of the Planning Departmer�i to discuss the applications for a restricted use permits. Durin:i two meetings, held on January 18, 2002 and February 15, 2002,' we reviewed the 58 applications for Restricted Use Permits filed from 1996 - 2001. The typical Planning Board file consists of only a few pages and usually includes a map showing a half -mile radius from the proposed site and a list of "Special Places" within that one - mile circle.' Lists of "special places" varied in length from as few as two to more than 50. Frequently, but not always, these lists included farilities in no way related to the applicant's proposed use (such as convents, nursing homes ci ,u -ches er,d hotels). ' Scott Gehl from Housing Opportunities Made Equal, Inc. and William Berry from Legal Services for the Elderly. Disabled and Disadvantaged. 2 Given the breadth of the ordinance and the fact that, according to Central Referral Services, the city of Buffalo has over 900 human service agencies, I was surprised that only 58 applications had been made. For 1996, only nine applications were filed, three for 1997, twelve for 1998, ten for 1999 and ten for 2000. Apparently the Planning Board uses these "special places" as a proxy for human service providers. Special places is a term used by the U.C. Census Bureau that refers to a residential living arrangement that differs from a private home or apartment. 107 Delaware Ave., Buffalo, N.Y. 14202 • (716) 853 -8404 • Fax (716) 853 -8414 3 Letter to Darryl McPherson dated November 22, 2002 Page 2 After reviewing the files, there are indications that the statute may have been applied in an uneven or inconsistent fashion. We make the following observations: a. In no case has either the Planning Board or the Council supplied a denominator — presumably the number of parcels in the mile - diameter circle — for the fraction whose numerator is the number of similar uses. There is thus no rational way for determining whether the 5% (1120) similar use threshold is exceeded, nor even any way for the Council to determine the more subjective "alter the character" concentration standard. b. The definition of similar uses appears not to be constant. Sometimes, churches are counted and sometimes they are not. C. In no case did the Planning Board or the Council make any findings concerning the effect that a proposed use would have on public health, safety, aesthetics, the general welfare, traffic patterns, municipal services and noise. See §511 - 136(D) d At times, the Council approved or disapproved an application prior to receiving the Planning Board's findings on the concentratiot. issue. e. Virtually identical numbers of similar uses in the same neighborhoGd have resulted in different determinations as to concentration. Specific illustrations of these observations are set forth below. 1996 One of the early applications under the ordinance was from the New Bethel Community to open a soup kitchen at 167 Englewood in North Buffalo. The Planning Board's list of similar uses showed only two facilities within a half -mile radius. Although the Planning Board determined "there does not appear to be a concentration of service providers ", the Common Council voted to reject the application. Later in 1996, the YWCA proposed "housing for homeless mot, - Iers" at 245 North Street. The Planning Board listed 34 similar uses, but found no concentration and recommended approval. 1997 The Salvation Army proposed to open a "family resource center" in a pre- existing shelter at 154 -56 North Pearl Street. Although the Planning Board produced no file about the 1997 application, the Common Council voted to deny the application. In March of 199a the Salvation Arnie filed a new application ppiication for an "office and training Letter to Darryl McPherson dated November 22, 2002 Page 3 facility" at 154 -56 North Pearl. Here the Planning Board inventoried 52 similar uses, but issued a finding of "no increase in concentration ". The Common Council approved the application. 1998 In March of 1998 the Veterans Housing Coalition proposed to open a "community residence" at 340 Elmwood Avenue. The Planning Board found 29 similar uses (significantly fewer than the 52 found in the North Pearl Street area), but here issued a determination of "concentration ". The Common Council subsequently denied the application. In November a leading mental health agency, Lake Shore Behavioral Health, proposed to locate "administrative offices for a human service facility" at 250 Franklin Street. The Planning Board found 36 similar uses and determined there was a concentration, however the Common Counr:! approved the application. 1999 In November of 1999 New Directions /Randolph Children's Home applied to locate administrative offices (sometimes used to interview clients) at 420 Linwood Avenue. Neignbors mounted a petition campaign against the facility. The Planning Board's inventory found 33 similar uses within a half -mile radius (including nine churches) and made a determination of "concentration ". The Cor7irrDn Council voted to deny the permit and the human ser.,'ice provider was forced to sell the property. In the same month Compass House Shelter proposed opening administrative offices and a resource center at 1451 Main Street (less than two tenths of one mile from 420 Linwood). The Planr. ;ng Board found 32 similar uses (which did not include the nine churches cited abov= despite !hose churches' being within the half -mile radius) and made a determination of "no additional concentration ". The Common Council approved the application. Because of an uncanny proximity in time and place, the City's disparate responses to the similar Compass House and Randolph Children's Home applications show a process that is uneven at best. A review of the files shows virtually coterminous half -mile radius maps, yet churches are plotted on the Randolph Children's map but do not appear on the Compass House ri - irp. 2000 The Clarkson Center applied to expand an existing human service facility at 306 Delaware. Although the Planning Board's inventory included 55 similar uses, there was a finding of "no additional concentration" and the Common Council approved the application. AIDS Community Services applied to locate a human service facility at 204 -06 South Elmwood Avenue. Although the Planning Board's inventory included 49 similar uses, the board made no determination in this matter as the Common Council had already moved to approve the application. �'f Letter to Darryl McPherson dated November 22, 2002 Page 4 By contrast, Spectrum Human Services applied for a restricted use permit at 2200 Seneca Street. Although the Planning Board's inventory included only 22 similar uses within a half -mile radius, there was nevertheless a finding of concentration and the Common Council denied the application. It is significant to note that 11 of the 22 listed "similar uses" were not human service facilities at all, but rather churches or convents. Our review revealed apparent inconsistencies in implementation of the restricted use permit. We thought it important to bring the results of our review to your attention. Very truly yours, James M. Morrissey Assistant Attorney General 7� cc: Scott Gehl, Housing Opportunities Made Equal, Inc. William Berry, Legal Services for the Elderly, Disabled or Disadvantaged L Susan M. Gonzalez, respectfully, request my name and appointment of December 1:3, 2004 be withdrawn and removed from the Buffalo Sewer Authority effective immediately. Sincerely, 6-h xy 9u,gan. M. Gonzalez RECEIVED AND RLED Sep, 2$. 2006 11:49AM PARTNERS Belmont Shelter Corp. Buffalo District United Methodist Church Buffalo Niagara Association of Realtors Buffalo Urban League Cikizens Bank Ellicott District Community Development, Inc. federal Reserve Bank of New York Nomespace. Corp. Housing Opportunities Made Equal, Inc HSBC Mortgage Corporation ( USA) MV Bank Neighborhood Legal cervices, Inc. Oxford Consulting, Inc. E rie County Fair Housing Partne No. 1251 P. 2� 1"0'. .� F Inc. 1195 Main Street • Buffalo, New York 14209-2196 • www.ecfhp.org sept:e nba 28, 2006 f did 1- () Honorable Council Members buffalo Common Council 1315 City Hall 65 Niagara Square Buffalo, New York 14202 Dear Honorable Council Members, Buffalo Common Council: The Erie County Fair Housing Partnership respectfully urges the Common Council not to precipitously enact the Restricted Use Permit for Human Service Facilities Ordinance ( #46 CCP September 19, 2006) now before it. This measure creates an unfair burden for human service agencies and has a potentially devastating impact on persons with disabilities and the poor. People, Inc. Since 2004 the Inclusion Task Force (a coalition of more than 30 service providers) has Second Baptist Church worked cooperatively with the Common Council's Legislation Committee and the Law Southtowns Rural Preservation Company D epartment to develo p a more even - handed ordinance ( #165 CCP Jul y 25, 2006 which University Heights Development would facilitate conumunication and c between communities and agencies. In Community Association our vi , it would be a major step backward for the City to abandon these efforts and WN.Y. Law Center, Inc. instead adopt a law which many advocates believe to be discriminatory. Thank you for your consideration. U.1 Department of Housing and SnlGerely, Urban Development N.Y.SDivision of Human Rights WN.Y. Develapmental Elizabeth Huckabone Disabilities Services office PreWent County of Erie City of Buffalo Town of Amherst Town of Cheektowaga REC IL Town of Tonawanda 1 fair Housing The Heart ofAmerira "� i OFFICE OF CLERK TREASURER 2919 Delaware Avenue, Kenmore, NY 14217 Phone: (716) 873-5700 Kathleen P. Johnson, Esq. www.vi.kenrnore.ny.us Clerk/Treaswer September 15, 2006 TO: City of Buffalo Town of Tonawanda Eric County Environment and Planning Department of Environments) Conservation NYS Department of Transportation Village of Kenmore Planning Board FROWE Kathleen P. Johnson, Esq. — Clerk/Treasurer, Village of Kenmore Proposed Local Law *12 — District Designations, Zoning Map The Village of Kenmore is considering a local law that would revise the Kenmore Zoning Map. Said revisions would eliminate the Business Use District and replace it with a General Business Use District and a Restricted Use Business District The current business use district is comprised of Delaware Avenue, Kenmore Avenue, and Elmwood Avenue. The new Restricted Use District would extend along Delaware Avenue, from LaSalle to the intersection of Delwood and Shepard- All other portions of the current business district would be designated as the General Business Use District Enclosed, please find the following in connection with the above referenced matter: 1. Environmental Assessment Form 2. Solicitation for Lead Agency Status 3. Referral Response 4. Proposed Zoning Map Please refer this matter to the appropriate office(s). Your kind and immediate response is greatly appreciated. if you should require any additional information, please contact this office at 873-5700. Very truly yours, KATHLEEN P. JOHNSON, Esq. Clerk/Treasurer Enc. RECEIVED AND FILED Ken-Ton A VIM RXIT. COMMUOY JAA Te C ColfjISf STATE ENVIRONMENTAL QUALITY REVIEW SOLICITATION FOR LEAD AGENCY STATUS r UNLISTED ACTION Pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. September 2006 TO: Erie County Department of Environmental Planning NYS Department of Transportation Town of Tonawanda, Town Clerk City of Buffalo, City Clerk Village of Kenmore Planning Board RE: Proposed Local Law #12, 2006 — District Designations — Zoning Map LOCATION: Village of Kenmore, New York The Village of Kenmore Board of Trustees has identified this project as a Type I Action for the purpose of SEQR and is coordinating the review of the involved agencies pursuant to Part 617.6 (b). Any involved or interested agency may submit objections in writing within thirty (30) days of the date of this notification. If no objections are expressed, the Village of Kenmore Board of Trustees will assume lead agency status for this action and will make a determination of its significance. The Village of Kenmore Board of Trustees has made an initial determination of no significant impact and anticipates issuing a negative declaration if no significant concerns are identified. The Environmental Assessment Form (EAF) Part I is attached for your review. Written comments may be submitted to: Village of Kenmore Office of the Village Clerk Kenmore Municipal Building — Room 17 2919 Delaware Avenue Kenmore, New York 14217 Attn: KATHLEEN P. JOHNSON, Esq. — Clerk/Treasurer kjohnson@vi.kenmore.ny.us (716) 873 -5700 All comments must be received before October 15, 2006 PROJECTNAME: Proposed Local Law #12,2006 —District Designations —Zonine map The Village of Kenmore Board of Trustees should act as Lead Agency. because should act as Lead Agency Please provide input for scopingreflectingyour agency's concerns, permit jurisdictions, and informationneeded. A The following approvals and/or permits are necessary: FURISIZI # A I Kindly direct arty questions to Kathleen P. Johnson, Esq., Clerk/Treasurer (716) 873-5700. Your response should be received by October 15, 2006. Mail to: Village of Kenmore, 2919 Delaware Avenue, Room 17, Kenmore, New York 74217 Questions: k ,(a jol? nson _ or 873-5700. PART 1 - PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION A. Site Description Change of Zoning Map reflecting District Designations — Local Law #12, 2006 Physical setting of overall project, both developed and undeveloped areas. LOCATION OF ACTION (Include street Address, Municipality and County) ❑ Rural (non -farm) ❑ Forest ❑Agriculture ❑ Other Village of Kenmore, NY Erie Count 2. Total acreage of project area: 0.24 acres NAME OF APPLICANT /SPONSOR BUSINESS TELEPHONE Meadow or Brushland (non - agricultural) 0 acres Village of Kenmore Board of Trustees 716 873 -5700 0 acres ADDRESS 0 acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 0 acres 2919 Delaware Avenue — Room 17 Unvegetated (Rock, earth or fill) 0 acres 0 acres CITY /PO 1.2 sq miles acres STATE ZIP CODE Kenmore NY 14217 NAME OF OWNER (if different) BUSINESS TELEPHONE b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS 716 875 -5091 ADDRESS a. What is depth to bedrock? >5 (in feet) CITY /PO STATE [ NY ZIP CODE Kenmore 14217 DESCRIPTION OF ACTION Adoption of a revised zoning map depicting new district designations of General Business Use and Restricted Business Use, which will replace the current Business Use District. Please Complete Each Question - Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑ Urban ❑ Industrial ❑ Commercial ® Residential (suburban) ❑ Rural (non -farm) ❑ Forest ❑Agriculture ❑ Other 2. Total acreage of project area: 0.24 acres APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (non - agricultural) 0 acres 0 acres Forested 0 acres 0 acres Agricultural (Includes orchards, cropland, pasture, etc.) 0 acres 0 acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 0 acres 0 acres Unvegetated (Rock, earth or fill) 0 acres 0 acres Roads, buildings and other paved surfaces 01.2 sq miles acres 1.2 sq miles acres Other (Indicate type) Landscaped / Lawn 0 acres 0 acres 3. What is predominant soil type(s) on project site? Urban land — Schoharie complex a. Soil drainage: ® Well drained 100% of site ❑ Moderately well drained r % of site ❑ Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? NIA acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑ Yes ® No a. What is depth to bedrock? >5 (in feet) F 5. Approximate percentage of proposed project site with slopes: ® 0 -10% 100% ❑ 10 -15% % [115% or greater _% (detention swale) 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑ Yes ® No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑ Yes ® No 8. What is the depth of the water table? >3 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑ Yes ® No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑ Yes ® No 11 Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑ Yes ® No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, or other geological formations) ❑ Yes ® No Describe 13 Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑ Yes ® No If yes, explain 14 Does the present site include scenic views known to be important to the community? ❑ Yes ® No 15. Streams within or contiguous to project area: N/A a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name N/A b. Size (In acres) 17. Is the site served by existing public utilities? ® Yes ❑ No a) If Yes, does sufficient capacity exist to allow connection ❑ Yes ❑ No N/A b) If Yes, will improvements be necessary to allow connection? ❑ Yes ❑ No On -Site private improvements 18. Is the site located in an agricultural district certified pursuant to Agricultural and Markets Law, Article 25 -AA, Section 303 and 304? ❑ Yes 0 No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑ Yes ® No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑ Yes ® No B. Project Description Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 1,2 sq miles b. Project acreage to be developed: 0_0 acres initially; 0_0 acres ultimately. c. Project acreage to remain undeveloped NIA acres. d. Length of project, in miles: N/A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N/A expansion of existing parking lot. f. Number of off - street parking spaces existing N /A; proposed N /A. g. Maximum vehicular trips generated per hour (upon completion of project)? N/A h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately Dimensions (in feet) of largest proposed structure _height; _ width; _ length. N/A Linear feet of frontage along a public thoroughfare project will occupy is? N/A ft. 3 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? 0 tons /cubic yards 3. WWII disturbed areas be reclaimed? Z Yes ❑ No ❑ NIA { a. If yes, for what intended purpose is the site being reclaimed? Adoption of new zoning map b. Will topsoil be stockpiled for reclamation? ® Yes ❑ No c. Will upper subsoil be stockpiled for reclamation? ® Yes ❑ No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? <0.1 acres. 5. Will any mature forest (over 100 years old) or other locally - important vegetation be removed by this project: ❑ Yes ® No 6. If single phase project: Anticipated period of construction 2 months; (including demolition). 7. If multi - phased: N/A a. Total number of phases anticipated _ (number). b. Anticipated date of commencement phase _ month _ year, (including demolition). c. Approximate completion date of final phase _ month _ year. d. Is phase 1 functionally dependent on subsequent phases? ❑ Yes ❑ No 8. Will blasting occur during construction? ❑ Yes ® No 9. Number of jobs generated: during construction N /A; after project is complete N/A 10. Number of jobs eliminated by this project 0. 11. Will project require relocation of any projects or facilities? ❑ Yes ® No If yes,explain 12. Is surface liquid waste disposal involved? ❑ Yes ® No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ❑ Yes ® No 14. Will surface area of an existing water body increase or decrease by proposal? Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑ Yes 0 No 16. Will the project generate solid waste? ❑ Yes ® No a. If yes, what is the amount per month _ tons b If yes, will an existing solid waste facility be used? ❑ Yes ❑ No c. If yes, give name NYSDEC approved facility location unknown d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑ Yes ❑ No e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑ Yes ® No a. If yes, what is the anticipated rate of disposal? tons /month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ❑ Yes ® No 19. Will project routinely produce odors (more than one hour per day)? ❑ Yes ® No 20. Will project produce operating noise exceeding the local ambient noise levels? ❑ Yes ® No 21. Will project result in an increase in energy use? ❑ Yes 0 No If yes, indicate type(s) 22. if water supply is from wells, indicate pumping capacity N/A gallons /minute 23. Total anticipated water usage per day 0 gallons /day. 24. Does project involve Local, State, or Federal Funding? ❑ Yes ® No If yes, explain Type ❑ Yes ® No 0 25. Approvals Required: Type City, Town, Village Board ❑ Yes ❑ No City, Town, Village Planning Board ® Yes ❑ No Site Plan City, Town Zoning Board ❑ Yes ❑ No City, County Health Department ❑ Yes ❑ No Other Local Agencies ❑ Yes ❑ No Other Regional Agencies ❑ Yes ❑ No State Agencies ❑ Yes ❑ No Federal Agencies ❑ Yes ❑ No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ® Yes ❑ No If Yes, indicate decision required: ❑ zoning amendment ❑ zoning variance ❑ special use permit ❑ new /revision of master plan ❑ resource management plan ❑ other ❑ subdivision Submittal Date 6/15/05 ® site plan 2. What is the zoning classification(s) of the site? R2 (residential) 3. What is the maximum potential development of the site if developed as permitted by the proposed zoning? Min setbacks, lot coverage and greenspace per zoning code 4. What is the proposed zoning of the site? NIA 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ® Yes ❑ No 7. What are the predominant land use(s) and zoning classifications within a 1 /a mile radius of proposed action? Residential and Business (along Delaware Avenu 8. Is the proposed action compatible with adjoining /surrounding land uses within a 1 /a mile? ® Yes ❑ No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization (s) for the formation of sewer or water districts? ❑ Yes ® No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, and fire protection)? No a. If yes, is existing capacity sufficient to handle projected demand? 12. Will the proposed action result in the generation of traffic significantly above present levels? No b. If yes, is the existing road network adequate to handle the additional traffic? D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Village of Kenmore, Kathleen P. Johnson, Esq. - Clerk Date 9 15 06 Signature If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Title Clerk/Treasurer N/A 5 t ce \a rl A Ml L I N \ 777 \11 17,77" 'MANG 0 mmmn �nn�nnu� iu�nmt� . �rnu� ,mmnm� ��� �� �,,,\ I �t�t���I.�����N����t l 1 A LE,��AW�Y �•� ,:� � A F N A] i ii 7 Cr 7 9 ZONING MAP MARq-4 1,9,1§z5 DECEMBER 15i.1959 S, ION \11" " I l l M T I T I I T I N N.1 I l i I V% III lilt Illifflipi N 'VVI I i H.£. M ICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5169 ® FAX: (716) 851.4294 E -mail: mkearns@city- buffalo.com L r' " GO CHAIRMAN CLAIMS WATERFRONT DEVELOPMENT COMMITTEES EDUCATION FINANCE LEGISLATION LEGISLATIVE ASSISTANTS JOY M. PENDERS r MARTI MURPHY Since assuming the office of South District Council Member in January of this year, I have studied the many issues confronting Hickory Woods. I have attended numerous meetings regarding the neighborhood, and met with both residents and City officials to collect information and suggestions on how to best resolve the issues that have plagued this community. The common thread throughout my conversations with Hickory Woods residents has been their perceived lack of involvement in the decisions that most affect them and their neighborhood. Residents do not feel they have been afforded the opportunity to provide any meaningful input. As elected officials, we face both an enormous challenge and a tremendous opportunity to bring closure to the Hickory Woods situation. It is our duty and obligation to represent the residents and make decisions in their best interests. This survey represents a new approach to dealing with the problems in Hickory Woods. Through openness and collaboration between the City of Buffalo and residents, I am confident that this difficult chapter in the history of Hickory Woods will be brought to a close. Although not conducted as a scientific survey, this questionnaire marks the first time that the City of Buffalo has reached out to the residents of Hickory Woods on an individual basis to identify their thoughts and opinions. Through these testimonies, the City of Buffalo has current information about residents' perceptions, the problems they face, and their ideas on how the problems in their neighborhood can best be addressed. As leaders, we now have accurate information regarding the problems and suggested solutions facing Hickory Woods. Most importantly, however, the residents of Hickory Woods now have a voice and sense of control over their own destinies. Michael P. Kearns (` South District Council Member 'For the People" ��, JA f 1. Purpose The purpose of this questionnaire is to get input from the residents of Hickory Woods and the surrounding areas. 2. Background With a new Mayor, South District Council Member, and other involved officials, there is a need to get current information in order to determine sound courses of action to address their concerns of the Hickory Woods residents. This questionnaire is designed to facilitate better communication between the residents and City Officials and to gain current input from residents on their issues and concerns about Hickory Woods. It is anticipated that there may be additional requests for information in the future and your input is both necessary and appreciated. 3. Instructions As indicated below, this survey is broken into five (5) separate subject areas. Please answer the questions in the space provided. If additional space is needed please feel free to attach additional sheets. Background Information 1) Name: 2) Address: 3) Contact information (please circle preferred method of how you would like to be reached in the event we need to contact you): a. Home Telephone number: b. Work Telephone number (optional): c. Cell Phone number (optional): d. E -mail address (optional) e. Other: 4) The number of individuals currently residing in your house in the Hickory Woods area: 5) How long have you lived at your current address? Methods of Communication We would like to get your input on improving methods to communicate information to you about Hickory Woods. For example, some of you may prefer public meeting at particular locations while others may prefer being advised of developments via a mailing list or both. In the event you have ideas or suggestions about particular methods of communication and how communication between City officials and residents can improve, please provide that information in the space provided below. - a `k iv ,f Introduction................................................. .................................................... 1 Subject Areas I. Background Information A Findings ....................................... ......................................... 3 B. Discussion of Findings ............................................................. 4 II. Methods of Communication A Findings.. .. ... ... ........... ... ............ .......... .5 B Discussion of Findings..... ........... ...... ............................... 6 C Resident Quotes ....................................... .............._...............7 III. Neighborhood Commitment A Findings....... ......... ............. ............. ......... ........ 8 B. Discussion of Findings...... ... ....... ........................ 9 C. Resident Quotes... .... .... ....... ...... ..... ............ ...11 IV. Neighborhood Improvements A Findings.............. ................................. .............................12 B. Discussion of Findings... ........ ... ... ... . ... .... ..... 13 C. Resident Quotes.. ......... ....... ... .... ........14 V. Other Concerns /Issues A Findings .................................................. .............................15 B. Discussion of Findings ........................ ................ ............... 16 C. Resident Quotes.. • • . .. .......... ............. . • .17 Recommendations from Common Council Member Michael P. Kearns..... .............18 Appendices SubjectArea 1I .................................... ............. ............................... 20 Subject Area III.. ... .................. .........................23 Subject Area IV.. ........... .. . ....34 Subject Area V............................................................................... 41 Additional Information Hickory Woods Area Map .................................................... ............................... 5 Hickory Woods Area Parcel Land Use Map ........ ..............46 Buffalo News Article, Monday, May 1, 2006 "Hickory Woods relocation survey under way" ........ ............................... 47 South Buffalo News Article, Wednesday, May 3, 2006 "Kearns seeks information from Hickory Woods residents .. ....................... 48 Kearns's letter to Hickory Woods Residents, April 5, 2006 .......... ............................... 49 Kearns's letter to Hickory Woods Residents, June 7, 2006 .............. .............................50 Kearns's letter to Hickory Woods Residents, June 7, 2006 ....... ............................... ....51 Kearns's memo to Hickory Woods Residents, August 18, 2006 ..... ............................... 52 Kearns's letter to Hickory Woods Residents, September 27, 2006 .. ............................... 53 Contact Addresses/Phone Numbers .......................... .........................Inside Back Cover questionnaire was prepared. The primary goal was to determine how many homeowners prefer to stay in their homes, how many prefer to move, and how many are undecided. Additionally, the survey would hopefully identify the factors most important to residents in making their decision, and would ensure that resident input would be considered in the development of any future plans. Lastly, participants were asked to discuss their preferred method of communication with the City of Buffalo and to identify improvements that they felt could benefit the Hickory Woods neighborhood. In anticipation of the survey, which took place between April 15, 2006 and July 31, 2006, a letter was sent by Common Council Member Kearns to residents to ensure neighborhood awareness, and articles were published in both the Buffalo News and South Buffalo News to announce the survey's commencement. In addition, Common Council Member Kearns's office sent letters to all residents, requesting that they schedule face -to -face interviews. Where face -to -face meetings were not possible, interviews were conducted by telephone. As a final attempt to interview residents who had neither completed the survey nor responded to earlier reminders, Common Council Member Kearns and his staff went door -to -door and conducted unscheduled interviews. 2 B. Discussion of jVl= In total, sixty -five (65) Hickory Woods residents including several property owners who no longer reside in the neighborhood participated in the survey. These individuals' opinions were sought and included in this report because of their continued financial interest in the neighborhood. Each interview began with an explanation of Common Council Member Kearns's confidentiality policy. Residents were informed that although their quotes would appear in the report, no quote would be attributed to any specific resident. All interviews focused on the same five (5) subject areas, and respondents were asked to elaborate on their responses. Survey questions one (1) and two (2) were included in the survey to track which residents had been surveyed, and where they resided in the neighborhood. Survey question three (3) was included to facilitate communication between Council Member Kearns and respondents during and after the interview process. Survey questions four (4) and five (5) were included to provide the City of Buffalo with some general demographic data on the residents of Hickory Woods, as well as an estimate of the number of residents that might be eligible to participate under a future settlement plan since eligibility for participation under a future settlement plan may be based on when residents purchased their home in Hickory Woods. 11 A . Nearly all respondents expressed negative comments regarding large public meetings, which had served as the primary method of communication between the City of Buffalo and Hickory Woods residents in the past. Overall dissatisfaction with these meetings appears to be influenced by a variety of factors. Some residents were unable to attend public meetings, and were forced to rely on second -hand, often inaccurate reports from neighbors to find out what had been discussed. Those in attendance frequently left meetings with very different interpretations of what had transpired. This is well illustrated by some of the comments made by residents during their interviews. Furthermore, many residents did not feel that their point of view was effectively represented at large meetings. Some respondents were uncomfortable speaking up out of concern for what people might think about them while others feared reprisal from those who might disagree. A number of people reported trying to express their opinions, but were ultimately drowned out by more vocal residents. Additionally, several respondents abstained from attending past meetings entirely because they feared that being labeled a "trouble maker" might jeopardize their employment with the City of Buffalo. The best explanation of why residents appear to dislike public meetings, however, is their frustration with the overall lack of progress that has been made over the years. This disappointment has lead to distrust of the City of Buffalo, Steelfields LTD and the legal system. More specifically: • Frustration that the City of Buffalo has not finalized a property settlement for residents • Frustration that Steelfields LTD has not completed their remediation of the area • Frustration with the pace of the legal system in addressing outstanding claims against the City of Buffalo • Frustration with the foul odors and overall poor quality of life in the area • Frustration that residents have been unable to control their own destiny on �' <f I A. Findings From previous information we have assembled it appears that some of you are interested in staying in the neighborhood depending on further developments; some of you are interested in leaving as soon as possible; and others are undecided at this point. We would like to get your thoughts on your future plans. The information you provide will not commit you in anyway to a future course of action and is simply an attempt to get current information about your plans. For ease of response we have provided some options. Please feel free to circle an option and explain your thoughts about the option in the space provided. You can also add other options that you may want. Reaction Number of Percentage of Respondents Respondents I want to stay in my home under all circumstances, 19 29% regardless of future developments I would consider staying in my home provided the 13 20% following things are done: I want to leave my home, but will only do it if I get at least 16 25% as much money from its sale as I paid I want to leave my home as soon as possible, regardless of 11 17% future developments I am not sure if I want to stay in my home or leave for the 0 0% following reasons: I am undecided for the following reasons: 6 9% Other (Please describe) 0 0% A number of residents expressed confusion in regards to the difference among the last three "reactions" provided as options. As a result, the total number of responses for "/ am not sure if l want to stay in my home or leave for the following reasons," "/ am undecided for the following reasons" and "Other" have been combined under "l am undecided for the following reasons." Many respondents expressed fears that undiscovered contamination might exist on their property and feel that the remediation efforts undertaken thus far have been piecemeal and inadequate. Others share the concerns voiced by those who wish to leave that living in proximity to contamination might affect their health, but believe that because they have already spent so much time in their home, moving out now would be unlikely to prevent any adverse effects. Residents who would prefer to stay in their homes also discussed quality of life concerns not directly related to contamination, and felt that plans must be put in place to ensure these issues are addressed. Some residents, for instance, are very concerned about how future development might impact the area, and want assurances from the City of Buffalo that their quality of life will not be negatively affected. Finally, some residents who prefer to remain in their homes explained that they unconditionally want to stay because they have been very happy in Hickory Woods. Nearly every respondent, regardless of their commitment to the neighborhood, agreed that the City of Buffalo has waited far too long to develop a comprehensive plan for Hickory Woods. Most respondents also recognized the importance of creating a settlement plan that will enable those wishing to move out of their homes to do so. Those who desire to stay believe that removing disgruntled residents is the only way to return a sense of normalcy to their community. Despite the negative publicity Hickory Woods has received, many residents continue to take pride in their homes, and want neighbors who will take pride in where they live as well. Many residents of Hickory Woods however, desire to leave their homes as soon as possible. A number of respondents discussed the severe strain that living in the neighborhood has put on their relationships and family lives. Some of these respondents indicated that the only reason they have not moved before now was because they had lacked the financial resources to do so. Others, however, have remained in the neighborhood because they are unwilling to take a substantial loss on the sale of their home. Respondents living in the newer homes almost universally expressed serious concern over the health risks posed by contamination, and some are convinced that living in Hickory Woods has already contributed to problems with their families' health. 10 A. Findings As you may know, funding from various sources may be available to make improvements to the neighborhood. We would like to get your thoughts on what you would like to see in the neighborhood. In the following space please describe any improvements you would like to see in your neighborhood. Comments/Issues Number of Respondents Percentage of Respondents Quality of Life 40 62% Neighborhood Improvements 30 46% Better Policing of area 27 42% Property /Inspection Issues 27 42% Negative and Positive Comments regarding Boone Park 15 23% No opinion 17 26% Several of the residents interviewed specified more than one area, within the neighborhood, in need of improvement. The responses listed for each comment or issue indicate the total number of times each was mentioned. 12 A number of residents used this question as an opportunity to discuss their feelings on remediation and the improvements recently completed in Boone Park. Some feel that the City of Buffalo's work is an encouraging sign for the community, which transformed Boone Park into an asset for residents. Others consider the project to have been a total waste of money that could have been better used to fund the buy-out of homes, further environmental testing, or a more comprehensive rernediation of the area. A few residents continue to question the effectiveness of the Boone Park rernediation and prohibit their children from playing there. Finally, a few respondents feel that the improvements to Boone Park have actually decreased the quality of life for residents, because the playground has become a center for drug activity and attracts juvenile delinquents from outside the neighborhood. C. Resident Quotes See, Appendix, Area IV 14 1' Most respondents answered this question by commenting about specific issues that affected their quality of life, properties they felt to be in need of maintenance, or aired grievances they had in regard to other residents. Many discussed problems that they have had with their health since moving into Hickory Woods, and doubts they harbored as to the long -term effectiveness of piece -meal remediation efforts. Some residents feel strongly that, even if current site - specific remediation efforts prove successful, there is no way any testing can guarantee the safety of residents or that additional contamination will not be discovered in the future. A few respondents explained that because prior discoveries of contamination had been in concentrated "hot- spots," every inch of the neighborhood should be tested and remediated. Several residents complained at length about the presence of noxious smells in Hickory Woods related to the remediation work being done by Steelfields Ltd. The majority of these complaints came from those residing in the newer section of Hickory Woods in the vicinity of Abby Street. According to these respondents, the odors emanate from the Steelfields remediation site and seem to worsen in warm weather. Residents claim that inhalation of these fumes has resulted in their experiencing insomnia, dizziness, nausea, and nose and throat irritation. Rather than complain about Hickory Woods, some residents stated their desire to expand the size of their property by purchasing additional land in the neighborhood. Some want to purchase privately owned land, while others inquired about land or easements owned by the City of Buffalo. In some cases the residents had been unable to locate the owner of the property in order to make an offer. Others respondents feel that because they had already been maintaining the property, it should simply be given to them. Finally, a few residents discussed problems with commercial truck traffic in the neighborhood, and several weighed in either for or against new commercial development such as the Hydro -Air and Southtown's Connector projects. 16 "When people purchase a hoarse, they also buy the neighborhood." The residents of Hickory Woods have made a significant investment in their South Buffalo community, and many were let down. The premise of this survey was to ask for input from the residents of Hickory Woods, those who know the neighborhood best. For the first time, we have listened to the residents and comprehensively documented their concerns. In doing so, we have accumulated a great deal of important and useful data. The decisions we make based on these findings will either transform a neighborhood or push it into further decline. In the opinion of many, the City of Buffalo minimally has a moral obligation to expeditiously resolve the Hickory Woods situation. The residents have experienced life - altering situations such as divorce, health problems and stress over the years, and homeowners should not be expected to sell their homes under duress. With recommendations from the residents, I have identified the following components, which should be considered when developing a comprehensive action plan for Hickory Woods: • Ensure that communication with residents is open and effective • Set a high standard when addressing remediation concerns • Prepare a thorough cleanup plan for the best results • Identify current and future funding sources (local, state, federal and private) • Hire a real estate expert to analyze and prepare a market analysis to determine each home's fair market value • Adopt an appropriate timeline and take responsible steps to get residents who wish to leave out of the neighborhood • Prepare a comprehensive plan for those residents who wish to stay _, � i "I really like the idea of segregated meetings for like- minded people. In the past, certain people felt as if they could speak for the entire community at the public meetings and 1 know those people didn't represent me or my neighbors." "The large public meetings we've had here in the past are totally unproductive and I wouldn't waste my time by going to another one." "I would like all communications to be in writing, so my preferred method would be the mail. Things said at meetings are later exaggerated and everyone seems to hear something different. I was unable to make the public meetings in the past and to I was stuck relying on reports from other residents." "Big meetings with everyone just didn't work, but I'd be willing to try smaller meetings for people looking for the same thing." "Those big meetings that the City used to have didn't work at all." "1'd attend segregated meetings, but only if there was new information to share. Otherwise all these meetings accomplish is getting people together to make them upset all over again." "I couldn't care less about improvements around here or how the City wants to contact me, all I care about is getting my family our of here." PA "Those old meetings were totally out of control." "Sig meetings are a waste of everyone's time. Send me something in the mail when you actually have something new to tell me." "We want all communications between the City and residents to be in writing because all we have received in the past is empty verbal promises. That would also encourage city employees who reside in Hickory Woods to speak their minds without the fear of losing their jobs, something they were not able to do at the public meetings. The City brought us together at those meetings and then pitted us against one another. The strain broke up more than one family. The City should be bringing people together, not dividing them." 22 "We want to stay in our home regardless, but feel that we should still receive some sort of settlement from the City. Property in Hickory Woods will be valuable someday despite everything that has happened. If we were to leave however, we would be looking to receive more than we paid for the home, like the residents were promised by the former administration. We've spent a lot of money on improvements to our home and should receive an amount that reflects, this and the amount our home would have appreciated if it were located in another area. The City should buy the homes back from the residents or sell them for us. Any settlement with residents should include the option for a one- time, lump sum, cash payout rather than installments like under the Steelfields Value Protection Plan offer. Residents have been waiting far too long to receive their money. Older homes should not be treated the same as newer homes for purposes of any settlement, because the newer homeowners should be treated as priority creditors. The Steelfields Value Protection Plan was not fair at all to residents." "I would stay provided that certain things are done. For instance, the City could do something to reduce my taxes and water bill, so that they are in line with those of my neighbors. I never knew anything about the contamination in the area before I bought my home. I found the place when I was looking at foreclosures around the City and thought the area would be peaceful." "I want to stay regardless of what happens, for financial reasons. I've been very happy in this area overall, and have not had many problems." "I'm staying here no matter what happens. I've lived here my entire life and have been very happy here. This was a tight community with a great block club. Now the area has nothing and there is no unity whatsoever among neighbors." "We want to stay regardless of what happens. We've never had any health problems or experienced any odors. People in the new homes have totally different concerns than people here in the older section of the neighborhood. Just keep us informed of the steps that are being taken to address problems, and keep us updated on the progress of those steps. We would very much like to purchase the lot next door and add it to our yard, but can't track down the owners to make them an offer. I think they are simply holding onto that land as a lottery ticket in case there is some huge settlement for the area." "We want to stay regardless. We took the Steelfields Value Protection Plan of $1,500 per year and have been very happy with it. I've lived in the area my entire life and no one in my family has ever had any health problems that we suspect have anything to do with the neighborhood." 24 they will find something buried in the ground next. Knowing this makes me depressed and anxious. The appraisal done several years ago didn't reflect the improvements 1 put into my home and out of which I expected to get a lifetime of use. These improvements were important to me at the time I made them, and l should be compensated for the money spent, because I'll never be able to enjoy them like I expected. We should also receive moving and dosing costs. Maybe the City can find a way to group moving costs in with the value of the home, because that way the attorney will only receive 10% of this part of the settlement rather than 1/3, as if these costs were considered a quality of life or injury award. We should also be given our first time homebuyers credit back from SONYA MAE. This is another Love Canal." "I took the Steelfields Value Protection Plan deal and plan on staying here regardless, because I am happy living in this area. I've lived in this house my entire life; no one in my family has ever had any health problems. People around here are exaggerating the danger of contamination and want to blame the Hickory Woods and the City for any, medical problem or bad luck in their life." "I took the Steelfields deal of $1,500 per year, for 5 years and want to stay here." "I would stay if the ground around all of the homes could be cleaned up rather than just the soil in the park. Otherwise, I would like to leave within the next 5 years. I'm also very concerned about new health, noise, smell, and rodent issues when the new company comes into the area." "We would stay provided that specific areas are cleaned up and vacant homes are demolished. Also, we would want to be properly compensated for our suffering. It's a sin that the City has ignored and underplayed the illnesses of residents from contamination in this area." "I would stay in the home provided that I could be guaranteed that property values in Hickory Woods would be comparable with the rest of South Buffalo, Otherwise, I would like to move and receive what I paid for my home. I would also want assurance that the ground around my home was safe for planting." "I took the Steelfields deal and want to stay in the neighborhood. This whole issue of contamination is a joke, and people are just looking to get rich or blame others for their problems. I would like to buy the lot next door, if the City gave me a good price." 26 "I want out of this home, and deserve the fair market value of the home as part of any settlement. I'm sick of the smells. The residents should have been moved out before any of the digging was done but I'm afraid that the damage to my family's health has already been done." "We would like to leave as soon as possible. The most important thing is to recoup the market value of our home. We're not looking to get rich off of any settlement; we just want what's fair. Our home was remediated, but afterwards the floors were uneven, drywall crinkled, and windows cracked. There is no way that we'll ever be able to sell our home on our own so the City should either buy us out themselves or guarantee the sale price of the house. We also think that the people who made down payments on their homes should be compensated for these initial cash outlays and treated differently under the settlement agreement than those who bought subsidized homes. All Hickory Woods residents should also be eligible to get our first -time homebuyer's status back." "I would like to leave my home as soon as possible if 1 can get back what I paid. We know 4 or 5 lots are highly toxic for sure and should immediately be fenced off. People, kids especially, are entering these properties. There are probably other lots, as well, that are dangerous that we just don't know about yet." "I would like to sell my property if the City buys it back from me at today's fair market value. That's what is most important to me. The City should buy the homes from people because there is no way the residents can sell them. There is no market and people couldn't get a mortgage if they were interested. Reliance on appraisals that are several years old would not be fair to residents who bought in the area expecting their investments to appreciate like every other homebuyer does. I was not happy at all with the appraisal done once the contamination came to light. I've been carrying two mortgages and renting the property out to pay the bills. I never wanted to be a landlord and still don't want to be. This entire ordeal has not only been a financial strain, it has severely strained my marriage and family life as well." "I want to leave my home as soon as possible. I think that 1 should get the value my home was appraised at 3 years ago. Just give me my money so that I can leave Hickory Woods." "I want to leave regardless of what happens, as soon as possible. I'm old and only getting older, and my wife is now in assisted living. I'm afraid that I'll be dead before this is resolved. I might want to stay if we weren't so old. 1'd like to get back what we paid so that we can get something else. We never knew anything about the Steelfields Value Protection Plan. We simply hired the same lawyer that everyone else did, and he told everyone not to take it." "I would like to leave regardless, and do so as soon as possible. The single most important thing to me is getting out of this home. The fact that some people choose to stay in Hickory Woods should not make any difference, whatsoever, in the type of settlement compensation given to those who wish to leave. The City should tell people that want to stay up front that the area is likely to turn into a ghost town. Stabilizing home values and securing the future of this neighborhood should not be the problem of people who want to leave and should not affect our compensation in any way. This whole situation has put a ton of stress on my relationship with my girlfriend because she refuses to bring her kids over to his house. The original appraisal value was fair when I purchased the home. I'd also like to get my first time homebuyer credit back. I've never heard of Steelfields or any settlement offer from them." "I would like to leave provided that 1 would get back what I paid. My wife is pregnant and she is very concerned about our health living in Hickory Woods, and even more so now that this new company is coming in." "I want out of my home for the appraised value. There are now too many drugs here and too many properties deteriorating." "I would like to leave regardless and deserve what my house should have been worth before for the contamination. I've put a lot of work into this house since I bought it, a lot of which I did himself, and this was not reflected in the dollar amount put on my home in the most recent appraisal." "We would like to leave regardless because we are getting older and this home is too big for us. This whole process of getting people out of their homes is taking way too long and needs to be resolved quickly. We want to enjoy our last few years together. Our yard was identified as a hotspot for contamination and we're sick of dealing with the smells, not to mention the open drug dealing in this area. Drug raids don't work when there is no consistent police presence. Any remediation plan that is piecemeal rather than comprehensive is unacceptable." "I moved out when I got pregnant because I was concerned about the health of the baby. I still own the apartment but rent it out. I can't believe how much value my home has lost and was unable to refinance when mortgage rates dropped several years ago. That Steelfields Value Protection Plan wasn't fair at all. We should be receiving the appraised fair market value of our homes not a paltry $15,000 bribe." -a17 "Get us out of here. We sold our home in Puerto Rico to move here and then found out about the contamination six months later. Since then my husband has been sick and I had cells removed from my breast. We would like to leave, if at all possible. The Steelfields offer was horrible though. We want at least enough money to put down a down payment somewhere else. This house was originally appraised at $95,000 and we paid $80,000 cash. We had heard rumors that the City would be making up the difference in the appraised value and sale price if people lost money on the sale of their home. If that's not the case now, we think they should institute something similar. They need to get something done soon. The former administration didn't do anything but make promises." "I want to get out of here as soon as possible, because I have been living here with all kinds of health problems and have been very sick. The only money I am concerned with is to pay my medical bills and move out of here." "I want to leave, but feel I should get the money I invested, with a reasonable amount of appreciation like any homebuyer expects, and the roughly $11,000 1 put into the home with improvements. I can't afford that type of loss- just thinking about it appalls me. My wife and kids only visit the home sporadically now and being apart from them, for the better part of 4 years, is beginning to be a huge strain on my family. I have a lot of unanswered questions, like what should I tell interested buyers- that there is a program in place for a buyout? The word is out that buyers will not make a market rate offer. Four years ago, there was going to be a plan whereby if you got an offer from low -to- moderate income people, the seller could get a $25,000 federal grant and the City would make up the difference between the sold and assessed values. Would there be a complete buyout at market rate /assessed value? I believe that there are a lot more people willing to stay than everyone thought. Some of the older homes, in my opinion, shouldn't even be included. The people over there are essentially just looking for a couple of bucks and aren't part of the original case." Quotes from residents who are undecided "We're undecided. We would consider staying if the City would pay our mortgage, in full, so that we could use that money to save for our children's college fund. We still have several nagging questions, though. Namely, will /can there ever be a clean bill of health for the neighborhood? Will our home value actually hold in the future even if the area is safe, considering all the negative press surrounding the area? Flow many more homes will be abandoned? We don't want to live in an area of vacant, derelict homes or absentee landlords with irresponsible tenants. Don't just spend money to increase the quality of life in the area just so the City can say that they did something. If that new street off of Tifft is ever connected to Abby Street, we're gone." 32 "Whatever monies become available for remediation, infrastructure improvements or beautification should be used as part of a comprehensive approach, rather than applied piecemeal to certain streets or properties." "Inspectors and police need to crack down on Mystic Street absentee landlords." "New street poles on Abby Street that wouldn't bend with the wind would look nice" "We have no opinion on improvements because we don't plan on being here." "More police manpower is needed to eliminate the drug dealers centered on Hopkins and Mystic. Also, the grass on the Abby berm should be cut regularly. It is currently cut about once a month. The electric poles on Abby Street should be straightened, or new ones should be put in, before they fall onto one of the houses. Offering home improvement grants to residents could boost home values and ward off blight. South Park should be milled and paved from Smith Street to Bailey, because the street is full of potholes and patching them will not help. Sidewalks on South Park Avenue, from Smith Street to Abby Street, would also be nice." "A `Welcome to Hickory Woods Community' sign at the entrance to the neighborhood would look great." "New curbs for the berm side of the street on Abby, and straighten out the tilted telephone poles." "Cut the grass regularly on the berm, and fix the telephone poles on Abby Street, before they fall down. Sidewalks would also be nice for Mystic near Abby. In addition, there is an eight foot -wide plot of land, between my fence and the curb, that I maintain and would like to be given as part of any settlement agreement." "No opinion, just get me out of Hickory Woods." 34 "Put a stop to the absentee landlords and renting of homes to irresponsible tenants. There is no point in investing money into a playground or infrastructure improvements when the underlying contamination problems still have not been dealt with." "More police patrolling the area and better communication between police, inspectors, the city and residents would have the most impact on this area. The current police response time is unacceptable and needs to be quicker. I also think that if the City started offering parenting classes to the young fathers and mothers around here that we could end some of the juvenile delinquency. It all starts with the parents." "One nice improvement would be to erect `Welcome to Hickory Woods' flags like those near Timon. When the Hickory Woods Block Club was still operational they had flags like that actually printed up, and I think that someone still has them. The biggest improvement that could be done for Hickory Woods is to get rid of all the drugs! Pembina, Baraga, and Hopkins are crawling with drug dealers. Also, the City should spend the money to find a way to clamp down on absentee landlords. They should be fined heavily rather than just issued multiple warnings allowing properties to deteriorate before the owners are forced to do something." "They should plant trees and install curbs on all the streets in the area. Currently, the sewer line stops at Bell and Abby, and it should be extended." "I'd like to see better policing of the neighborhood and more diligent fining of code violators by the inspectors." "The biggest improvements that could be made around here are simple quality of life issues. Clean up Hopkins, and fine people who don't take care of their yards. There should be zero - tolerance for these violations, instead of multiple warnings. The City should force people to make necessary repairs to their homes, or knock them down. Since Boone Park was remediated, we see no reason why anyone on our street should be complaining. The only problem now is that kids from other neighborhoods are coming there to hang out which can only lead to trouble. The Clean and Sweep was a great idea, but the City needs to follow through on what they found that day and the complaints people make. It's great that the Councilman, police, and inspectors were out writing down problems with trees and unkempt properties, but what is actually being done to fix these problems? Was this all just some publicity stunt ?" "No opinion. I just want to get out of my home and do not care what happens to it after I leave. I'm never going back to Hickory Woods." 36 "It would be waste of money for the City to invest in the infrastructure in this area, because whatever the City puts in will quickly be ruined. It's just a matter of time before Boone Park is a total mess. The number one thing that should be done to improve the neighborhood is to clean up Hopkins. Police and inspectors need to keep that area under constant surveillance. Its absentee landlords who will rent to anyone, and most of these renters are people who have been kicked out of other apartments in other areas of the City. Problems don't stay on one street, they affect the entire neighborhood." "The City needs to clean up Hopkins and Pembina streets by sending out more police and inspectors to the area. Abandoned or vacant homes need to be demolished. The residents are loosing their trust in the City. They should be kept informed and given updates on how problems are being addressed when they are reported." "The City did a great job over at Boone Park. Staying on top of the small things like keeping the grass cut at vacant properties, and forcing people to take care of their homes would be the best improvement. This all comes down to the inspectors and police working hard everyday and being proactive. It doesn't help when they only respond after they've received 4 calls about something. Absentee landlords are a real problem too, because they don't keep up their properties and will rent to anyone. Hopkins is a mess and is a prime example of this. Drugs and bad kids spread to other streets in the neighborhood." "Fix up the vacant buildings that can be saved, and knock down the others. The inspectors need to do something about these vacant properties and stay on top of the owners, whether they're people, realty companies or banks. There is no excuse for those lawns to go uncut." "I don't care, I've already moved out of my home." "Put curbs on all the streets. Other than that, I'm not sure what else the City can do. Any other improvements would be a waste because the kids around here will just ruin them." "I have no real preference for any particular improvements, because kids in the neighborhood will quickly ruin whatever is done. I would like to see Hopkins cleaned up and the drugs, crime, and gangs driven out. It is horrible, and I am afraid to walk there. Unfortunately, 1 don't think more police would help because the kids aren't scared of them. They will just go back to doing whatever they want as soon as the police leave. Fancier light posts and a 'Welcome to Hickory Woods' sign for the community could be nice, if they weren't vandalized. I'd also like to see the traffic light at the corner of Germania and Abby, near South Park, programmed like a regular stoplight rather than just blinking yellow. A program to help people paint their homes would probably draw a lot of interest and make the area look nicer, too." "I don't know about improvements. Fixing up Boone Park was just a waste of money. No one will let their children use it. The only people over there are older kids who play basketball. I haven't seen that baseball diamond used at all." " "There are atrocious houses, and the inspectors need to get there. Clean up or knock down all of thee vacant homes! New curbs for O'Connor and Germania would be nice, as would nicer, more ornamental street lights." "I plan on staying and don't have too many complaints. The City could improve communication with residents. I got a new driveway put in last year and had the guys do the sidewalk in front of my home and the one across the street from me. The next day the city came in and put in all new sidewalks! I wouldn't have wasted money doing it myself if they would have told me. Let people know when things are scheduled to be done!" "Boone Park should be well lit at night with closing hours posted and strictly enforced. There are always people selling and using drugs over there. They all come from Hopkins Street and the other end of Germania. The inspectors and police need to stay on top of that." "Provide money for people to make home improvements with the stipulation that they actually put the money into their homes." "We don't care what they do around here. Nothing they do will change the fact that this area is a toxic mess. Even if it is clean, it will always have that reputation. Improvements around here would just be a waste of money." "I think this is a very nice area and would be happy if it were not for my health. I guess if they were going to put money into streets or curbs that would be nice." "I'd like to think that supposed development will happen at some point which, will lead to a real remediation and redevelopment of the community, but I just can't wait that long." "Pembina, Baraga, and Hopkins streets are crawling with drug dealers, and the corner of Hopkins and Pembina always has kids hanging out dealing drugs." EEO "I've been trying to figure out who owns an empty lot for years and have had no luck. The owners have NEVER been there, so I have had to take care of the lot and mow it for years. I would very much like to purchase this lot and add it to my yard, but I can't track down the owners to make them an offer." "There is a porch failing in and rather than fix the problem, someone just threw caution tape around it. The City should force the owner to make the necessary repairs." "Boone Street needs to be cleaned up. There are 3 abandoned vehicles there, the grass cut is never cut, there is junk and debris all over which needs to be removed, and the people that live there may be neglecting their dog." "Mystic Street looks horrible and several homes need to be demolished. The brick building on the corner of Mystic and Germania also needs to be knocked down. "The City should make nearby businesses pave their turnarounds because every time a truck uses it, a huge cloud of dust is sent into the air and into the neighbors yard, which can't be healthy. Also remove the unused, vacant trailer behind them." "The glass back -board at Boone Park has already been smashed." "A house is fire damaged and boarded up with waist high grass and needs to be demolished." "Business lots and garages need to be cleaned up or demolished." "If a business park ends up coming to the Steelfields site, a large 'thruway- style' noise and visual barrier should be erected to shield the neighborhood. I would also like to see Baraga Street changed to a dead end. A `Welcome to Hickory Woods' sign and entrance to the neighborhood would be nice. Also, the City needs to cut the grass on the berm more regularly, rather than leaving it up to the residents to maintain." "I am 100% in favor of the "Southtowns Connector" plan, if it includes connecting Abby and Germania, like a large cul -de -sac, and blocking them off from South Park." 42 M " i� l� r i I AREA OF INTEREST STREET PARCEL LAND USE - RESIDENTIAL Residential single family Residential two family 0 Residential three family Residential other Other 0 10 20 0 Feet Planning Analysis Section Office of Strategic Planning City of Buffalo 12/6102 M * ear nts inf ormatiorl :eases from H ickory is S outh District Council Member er Michael R earns intends to col - lest information from residents of Hickory Woods in an effort to resolve the ongoing issues con - fronting the neighborhood. The Councilman and staff members walked door to dour in the neighborhood, delivering no- " tification of a questionnaire com- piled by his office. The question- naire 2s aimed at soliciting basic is information from residents, as well as their needs, wants, and future plans. "We k AM cannot create a community plan without input from the Pffichael R Kearns people who are directly affected," South District Council Member Kearns saki. and possible solution. In addition, Council Member Kearns has he is collaborating with Joseph A' met with May car Byron Brown and Gardella, Jr., Ph. D., a professor of his staff several times regarding +Chemistry. and Faculty Fellow the situation in Hickory Woods with the Local Governance and regional Growth at the University at Buffalo, who is also committed to resolving the matter. It is Council Member earns's belief that the needs and concerns of each Hicko ylVoods resident be identified and documented in o2,`- der to finalize a responsible coon— prehensive action plan. ` A f°ter rese arching a }e issues f ac:- S. 'x' I " } i t' Y3Gds% 34 isimw2 ,.. to disc,iis t_ e u 4;nith e 2dent (% an individual l asis." be edded- ContaC a w f { Tina. 'Y4 8;2:"2 J � 6w .L'` E tom+; £:T�. A • MICHAEL P, KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202.3313 PHONE: (716) 851 -5169 4 FAX: (716) 851.4294 E -mail: mkearns @city- buffalo.com June 7, 2006 Dear Resident, CHAIRMAN CLAIMS WATERFRONT DEVELOPMEiJNT COMMITTEES CIVIL SERVICE EDUCATION FINANCE LEGISLATIVE ASSISTANTS JOY M. PENDERS MARTI MURPHY We would like to express our appreciation to those who have already completed their Hickory Woods surveys. The data you have provided is allowing us to accurately document the individual complaints and future wishes of each resident as we work towards finding a resolution that will be acceptable to all Hickory Woods residents. At this time however, there are still a number of residents who have not scheduled a time to complete this survey with our office. We would like to remind those that have not yet been surveyed of the importance of this information in finding a resolution that is reflective of the wishes of all Hickory Woods homeowners. For this reason we strongly encourage the cooperation of all residents in scheduling an interview at their earliest convenience, so that we can complete all interviews, by Wednesday, June 21 St and move forward with this process. Surveys can be conducted either in person or by phone. To schedule a time to complete your survey, or if you have any questions in regards to the survey, please contact South District Councilmember Michael P. Kearns at 851 -5169. Sincerely, Michael P. Kearns South District Councilmember s -f ®r° the People 50 I l t MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851.6169 0 FAX: (716) 851 -4294 E -mail: mkearns @city- buffalo.com To Residents of Hickory Woods Re: Nuisance Odors Update Date: August 18, 2006 CHAIRMAN CLAIMS WATERFRONT DEVEL OPMEvT COMMITTEES EDUCATION FINANCE LEGISLATION LEGISLATIVE ASSISTANTS JOY M. FENDERS MART] MURPHY Since assuming my position as South District Councilmember in January 2006, I have spent significant time studying the issues affecting Hickory Woods residents. This includes numerous conversations with various public agencies and the completion of a survey, which gave Hickory Woods homeowners the opportunity to voice individual concerns. In the last few days, I have received complaints from residents regarding an odor originating from Steelfields' closing of the containment cell. Naphalene contaminated soil is contained within the cell. Steelfields has been opening the cell, in order to regrade the soil before it can be permanently closed. On Tuesday, August 15, 2006, a representative from the New York State Department of Environmental Conservation was in Hickory Woods, and discovered that Steelfields had an unnecessarily large portion of the containment cell uncovered. As a result, the New York State's Air Division cited Steelfields for "nuisance odors," and ordered them to appear before the Air Division, on August 23, 2006, to respond to these charges. Steelfields could possibly be fined, up to $15,000 per day, until the situation is corrected. This notice of violation is the first time that the Division of Air has cited Steelfields. I have requested, in writing that the D.E.C. report their findings to me, so I can keep the residents updated on the progress at the site. It is my belief that this information will give us a more accurate view of the ongoing situation in Hickory Woods, as well as -to keep homeowners' informed on the progress being made to resolve this issue. I thank each of you, as Hickory Woods residents, for the extreme patience you have shown in regards to this matter. If you any questions, please contact my office at 851- 5169. "For the People` 52 I am what has been come to be known as a re -pat. After a 20 year absence from Buffalo, I decided with my partner to leave Atlanta and return home to Buffalo. Upon making this decision after many months of research and traveling back and fourth we decided to live in Allentown and purchased a home that was a rooming house for nearly 40 years and in deplorable condition, that ten years ago realtors couldn't even get $10,000 dollars for. I also moved my business here and now have two locations on Allen street. Terry, my partner transferred here with Bank of America and works at Fountain Plaza. The reason I mention this is that we consider ourselves to be urbanite's in the truest sense of the word. After many years of a city like Atlanta we enjoy living in a up and coming neighborhood where we can walk to the many amenity's that Allentown has to offer instead of getting into a car. We are also very excited to be in Buffalo at a time of resurgence. The city is changing rapidly. Daily, we read of property's being bought to be converted to apartments and condo's such as what has just happened at the 5 abandoned buildings now known as the "Granite Works ". If you were to walk the side streets of Allentown as I did yesterday you would notice the on going renovations of nearly every home. Obviously people are moving back to the city and spending countless millions of dollars on renovations and new construction for the same reasons we are here, for what it has to offer. All of this is bound by one phrase "Quality of life ". We all want to live in nice homes or apartments that thousands of people see on such tours as the "Secrets of Allentown" or "The Buffalo Garden Walk" and can't believe this is actually city living in Buffalo, we all want to be able to walk to stores for a gift item or clothing, we all live here to be able to walk to a coffee house or a restaurant and last we all enjoy being able to walk to a bar, sit on the patio on a nice day or evening and have a drink with friends. Being an "urban person" I bought in an area knowing full well that I was to co -exist with a plethora of bars and restaurants. For the most part I have absolutely no issue with these establishments. 1 happen to live across the street from one such establishment that I have patronized many times. Visually this bar is very appealing, the patio has a colorful awning and surrounded by beautiful planters that the owners personally maintain on a daily basis. I respect the fact that they put a lot effort into the business, it is also the only bar in Allentown that has a private security guard on the premise. Unfortunately, the patio has a direct effect on our "quality of life" as it fronts my home and is very noisy late at night. The owners recently admitted at a block club meeting that their busy time is from 10:30 until 2:30am. Even though the permit clearly states an l Ipm closing for the patio it is kept open until the bar closes. Many evening this patio is well beyond the capacity of 27 people that the permit allows. Being a late night bar the customers are enjoying themselves which is fine, but as you hear in any bar or restaurant, noise levels increase as it gets busier with people trying to out talk the noise level's to be heard. Trying to be good neighbors, knowing the owners on a personal level and having friends that work and or patronize the bar we put up with the sleepless nights for 2 years, but enough is enough. Quality of life is an important issue and also includes a good nights rest to function at work. I am literally tired of being woken up at 1 or 2 in the morning to the loud talking, yelling or hollering that travels across the street to our bedroom windows from patrons that have had a bit to much to drink. As the owner again stated at a meeting, if customer's are getting rowdy they are warned once or twice before being told to leave, but at that time it is too late as we have already heard it the first time and find ourselves wide awake. I am not necessarily singling out just this bar as I know for a fact that other neighborhoods have gone through this, hence the "Day's Park Block Club" being wary of new restaurants at the other end of Allen. I also blame the state with the smoking laws as I am sure this has had a direct impact on more people being outdoors. What amazes me is the lack of cooperation from the city, the city law enforcement and other agencies to keep these patio's in check and enforce your own laws. Even in my own yard, noise ordinance laws are in effect from 1 Ipm until Sam. I feel that now, with the demographics of the city changing, that the I 1pm closings need to be enforced, especially in area's that front residential property, and that backyard yard patio's must now be included in the permit process as they are at the moment er no Ie jurisdiction which is ridicules and insulting to surrounding residents. City of Buffalo L. iving Wage Commission 0 Cornell School Recommendations from the Living Wage Commission of Industrial & Labor Relations Regarding a Cost of Living Adjustment Lou Jean Fleron In the Living Wage Rate Coalition of July 12, 2006 Black Trade Unionists Sylvia Thomas Proposed Amendment to the Living Wage Ordinance Network of Religious Communities Repeal Buffalo City Code § 96-19(D)(3) and replace with: Reverend Merle Showers Effective January 1, 2007 the living wage rate will be $9.59 per hour with health benefits, and $10.77 per hour without health benefits. Each year, effective WNY Area Labor Federation January 1, the rate will be increased by an amount corresponding to the increase, Robert Hellwitz if any, in the national Consumer Price Index for all urban consumers (CPI-.U) I published by the U.S. Department of Labor, for the year preceding the prior year. WNY We Ifare For example, the increase on January 1, 2008 will be based on the annual percent Monitoring Task Force change in the CPI-U for 2006. William O'Connell Buffalo Niagara Partnership Craig Turner Discussion Buffalo's Living Wage Ordinance lacks a crucial component found in most living wage ordinances: an annual cost of living adjustment (COLA) to prevent the living Common wage from being eroded by inflation. Cities with COLA provisions in their living Council wage ordinances include Rochester, Albany, Syracuse, Pittsburgh, Cleveland, Joseph Carriero Chicago, Denver, Tucson, Minneapolis, Los Angeles, San Francisco, Boston, Cincinnati, Dayton, Milwaukee, Durham, San Diego, and many others. Office of the Mayor Tanya Perrin- Most cities tie their COLA to the annual increase in the national Consumer Price Johnson: Index (CPI-U) or to the annual change in the federal poverty guidelines (which are themselves adjusted with the CPI-U). Compliance Coordinator Samuel D, As passed in 1999, Buffalo's Ordinance set living wage rates for 2000, 2001, and Magavern 2002 and called for an adjustment to the rate at the end of 2002 to "reflect existing economic conditions." The City did not make the adjustment contemplated by the Counsel Stephen Halpern Ordinance, and so the rate for 2003 remained the same as it had been in 2002. Sean Ryan When the City amended the Ordinance on August 4, 2003, the amendments set a new rate for 2004 and required that the rate be "revisited no later than December 31, 2003, stating that the "amount of the living wage may be adjusted at that time to reflect existing economic conditions." K-_ History of Buffalo's Living Wage Hourly Rates Proposed: January 1, 2007 $9.59 $10.77 L Note: the proposed rate for January 1, 2007 uses the 2004 rate as a base and adjusts it for the inflation that took place in 2004 (2.7 %) and 2005 (3.4 %) as measured by the national consumer price index (CPI -U). With health benefits Without health benefits As of July 1, 2000 $6.22 $7.22 As of January 1, 2001 $7.15 $8.15 As of January 1, 2002 $8.08 $9.08 As of January 1, 2003 $8.08 $9.08 As of January 1, 2004 $9.03 $10.15 As of January 1, 2005 $9.03 $10.15 As of January 1, 2006 $9.03 $10.15 Proposed: January 1, 2007 $9.59 $10.77 L Note: the proposed rate for January 1, 2007 uses the 2004 rate as a base and adjusts it for the inflation that took place in 2004 (2.7 %) and 2005 (3.4 %) as measured by the national consumer price index (CPI -U). MICHAEL J. LOCURT'O DELAWARE DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1405 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5155 ♦ FAX: (716) 851.4553 E -mail: mlocurto @city- buffalo.com September 27, 2006 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 *e: The Micropark Revolution Dear Mr. Chwalinski: c r ; C, t COMMITTEES COMMUNITY DEVELOPMENT FINANCE CIVIL SERVICE LEGISLATIVE ASSISTANTS JOEL FEROLETO WILLIAM B. LICATA Please file the attached item for further discussion at the next Common Council session to be held on October 3, 2006. Copies of the article can be found in the City Clerk's Office for review if necessary. Thank you in advance for your assistance in this matter. Sincerely, MICHAEL J. L CURIO Delaware District Councilmember REFERRED `'O `SHE MN11 ON Miss° E �..��1 ter° �f t 0 n a clear hot sunl- Tnel day in Buffalo, yon swain where you can. For many, that means the city's pool" and splash rings, most ofrvlrich are open this year and crowded, thanks to the scorching, weather that settled over fhc region in July and early August- 'I he more fortunate may head to a beach in Canada of solith of the city, along Route 5 or cyen fm Cher, to the southern shore of Luke Ontario. AVe are, stater all, situateci at the confluence of two of the world's great. lakes. A pool seenis a ler- dowv, somehow- given the great expanse ofwaterwe dwell beside- -sad to be colt - fined haulcssly to so narrow a nond in a concl to yard, when the lakes and river' arc so neat by. On a particularly swchering weekday in raid July, a half dozen or so West Side kids swirn in the Black Rock canal, at the foot orI'vesc Ferry. They sc_ta lible Alain`; the water barefoot, jacknifing into the cool, grcell black water front thc°ju mblc of broken concrete slabs that have fall- en away- from the breakwall. There are condoms floating in the canal, broken glass and rocks. 'l here at e beer can,, trash, fc(es and the remnanrs of small fires. The iron rails that run along one side of dae breakcc-all, separating the boy, from the roiling cur- rents of the Niagara River, are loose in spots. Ile and his It iends corm- down every day in the simmer; says jovan, who lives o School Street and is headed to Canisit high School in the fall. "From 10 o'clock in the morning all IF wa till six o'clock," jovan says_ "Swig jump off the bridge. ICs kind of ciangc ous, but it's fun too." Re indicates a ctu on leis feet front it day before, then points to a wash ca that he and sonic other boys had haute out of t'he spot >rere they like to div Jovart', flitnd, Christopher, dives int Llre water flwu high atop a me tl la ing while Jovan picks his way along If water's edge, painting out the trash the others have left behind, or which h: washed up from the canal_ "This olace looks like a (LLunn." Toga W 1 9 JI � BUFFALO. Totally remodeled, totally ready for new owners. 4 bedroorn, 1.5 bath - all new roof, windows, mechanicals, siding & new porch. Must be income - qualified owner occupant. $69,900. Rich Morrisroe 444 -9732 for more info www. klein hanscaarg %tourklei.ht m a gu t17 -a g- t23.2006 X, it sav:s. ° "Dwi crack needles oil the ,.{)Or ... ehcr 's needles, lucre's gl ass. Yes - tcrday we In a Lake ovt °_r liege, rake sll this stuff np." To he sure, lxtffalo's waterfront feautres some gems: The Eric Rasin &'Carina and the adjacent naval park ant consis- tent crowds, as does Riverside Park; and Squaw Island remains a hidden, un- di rused tic asure, though new signage alum, Aiagtra Street tray educate city rear tents o[ its existence and location. and there hmw ocea improvements to the city's waterfront in recent Sears, and exciting mete pt aspects on the ho- r�izon: South Ruffalo's Gallagher Beach, iol exantplc, owe.* ii, continuing rcfur= bislnnent in large part to the effoi is of Congressfnan Biian Higgins, who also was ntstrinnental hh retching a relicens- ing settlement with the New'Vork Power Anthmip- that will mean Sll50 million to promote public and private redevelop- ment: in Buffalo's Inner alid Omer I'lar- hors and 5 million for the. proposed Bidfilo dial aln Greenway, which in;ag- irnes a continuous ribbon of waterfront ,reenspace from Lackawanna to Lake Oin nio. At the foot of hfain Street, in the it riaiglu of land once known as the fi lectedDisnict,thelitsto:icrcconstruc- Lion of tile Elie Canal uesterrt to llyllitus comillues_ But for rile most pal r.. and for most of its, Lite face of luffao's v, -ter fi cant looks like die foot of bVest Ferry, where Jovan and :cis friends like to shirr.: of like the be- fuddling bike path between Tifft Fauns and downtown Nitrate; or like the bar- ren expaw c of LaSalle Park. Overgrown, unkempt, difficult to access, strewn with garbage- Invisible. Conhis- ilig. Divorced from the city and its peo- pie h) highways, Industrial iufras;nu ink e and chain -link fences. There_ are sweeping plans afoor to trans - forin the city's lvaicrfrorrt, certainly there always have been Poliricia.ns and business leaders have been peddling top - down redevelopment of the warerfnnt. for i(7 years, since the death of heavy industry made anachronisms of its facto- ties, railroads and Hghways_built there at the hehest ofpast business leaders and past politicians. This time, thanks in large part to to advocacy of Higgins, there is money to make something happen. But many Rtil: falonians are rightlywan of overarching Schemes, becanse thev have failed to ma- terialize again and again, (Rcrnernber file Iiomons Waterfront Commission ?) The Buffalo Niagara Gfie cnNay Conirnis- siori, wliose drattplan is due next. month, cannot, even seem to get the participat- ing municipalities to agree on what "wa- terfront" means, many towns along the route want to access the funds for inland projects that will ill no way contribute to glcenspacc along the lakes and the Ni- agara River, In order to just,{}' that, t;c y are u,sisung that the project. 1) )11 ics extend beyond dtc water to canbiace en- tire iowniships. T'he greenway concept is further coni- plicated by tremendous environmental concerns especialh in "Tonawanda and Nragara Palls, and balkanized by Buffa- lo's separate plans for redeveloprneut. Those plans include the BassPro project, which, with every pas_in Inoatkr, de- serves to be called the "long-heralded" BassPro pfcJcct, or even die . 'stalled , ; BassI'ro project. `7`he fishing mcgastore, to be hunt 'inside a refurbished Nlemo- hial NudiLoritnn widh a S60 million pule lcc subsidy, scans to have hi( still waters: RrssP)o keels asking for tnore money a nd reassut traces, and shov-4s few signs of noviftg for iv al ✓ chl in the piecemeal ownership of wa- terfront property, parric:ularly in the city of Buffalo, and most likely it will be Sears before thes grand plans for file i',atev- front hear fi nit. Meanwhile, the cash - s,rapped city and cxnanty do what they can to maintain cite waterfront parks they control within die Cily of Buffalo, which dearly is not enough. The tmicropark solution FtAECI Jay i4fcC'.arth}t a 3 Scar =old b�ntk- er- dined- bartender from family with Mrong connections in the City's political and busirre"s establishments. McCarthy has decided that thcrc's no point in wan- ing on goverrunent and hi,g developer;. He Wallis to motivate pi wale citizens and conolninity groups to work will; public officials to make smal, immediate m,- provrinenes to the city s wj wt h Afliat Fi cdeiic:k I.aw Ohnsecet envisioned when Ile conceived the city's integrated packs, McCarthy sags, were ,aretivays which carried pat k -goers out of their ev- eryday circumstance's into enlightening envn'otnnents iuffalo's icinarkahlc wa- tert out, hidden behind and degraded by the city's industrial le pi .rvides exactly that experience - - -or it could, if only it were more accessible and more invl tin,. "The only way to bring people to the water front is through the park, sysicnr," McCarthy saps. "As soon as you cross that industsiai pallier. you hotddi�;alk into a natural oasis." McCarthy believes drat a practical (list step in revitalizing the city's watcrfiont fs a series of microllarks —sn a.11 aruac. Lions along the 3.25 -mile bike path he- t:ween Titit Farms and Riverside Park_ Each micropark would offer a unique attraction; one might consist of a com- rnunity garden sun by benches, another might cater to fishermen on Squaw Island, another might compiise a skate park or a picnic area. These whir roparks could be built, and maintained h5 coraunumty,l oups %vorking with local government, using, both public and pri- vate mOrteY. Small, atu active parks that c "tcrto niche audiences will draw more people to the watelliont. As hnoi'e people make their way to the water's edge, thew will feel a greater investment in the parks tliere- cicating impetus for pore mlcioparks, y ffi fflt � ;�. «; Above: The stage at LaSalle Park, one of the park's underused assets. Right: Many water- front amenities, like this picnic area, are made to seem inaccessible to the public from the city side of the park. Below: The soccer fields at LaSalle Park, near the proposed dog Park, afford a tremendous view of the downtown skyline. There are nrochis for the successful fic- volopment of ntirroparks in other citias. Ill Ta( Onla, Washingron, for evampc., a series of rnicropmks were installed to acommottate kat.eboauicu:s and inline skaters. -- -the first of these was built on the city's waterfiont for a inerc. s2,000. Say City, Michigao has planned a series of eight to 10 microparks connecting locations of CUItU2al and historical intta- "rill that cite_ .1 li( doing it w th two grants for $100,1000 in plivare, not pub- lic, money. On a grander scate —and of —{;-t 17-- put25. 2006 `' 13 which will draw more people, which will West Sine kids jump off the breakwall into draw the attention of businesses who will the Black Rock Canal at the foot of West want to capitalize on the presc irce of so Ferry. Visit www.artvaice.com to watch an many people with leisure rime and do]- interview with two of the boys. LOS to spend.. special iraerest, considering its parallels to the Buffalo'viagaia C =reenway praj.. ect —is Ole IManhaltan Worcittont Gic- entvay pi'oiect which is a. 32 -mile route circumscribing Manhattan, replete with nricropaiks, bike paths and pedestrian walkways. McCarthy °s position is that he needs to build public interest first and use that to coax motley and snppw t Born poli- ticians and piivatc donors, particularly those companie —Rich products, for example, of Gencrtl Mills- -who have a pits'—lice on thcr walerfionl and who thcrcfow xercise sortie control over puhlic access to the water. Start with one success, one rrricropark, with all eye to- ward budding an enure chain of them, connez.ted by flic existing bike path. "tt-e call build upon one si cc c,s," M(- Cardry says, "and then two, and dreri three and then foot, and create comnfu- nal areas from Tifft hainis to Riverside, where people will be able to come enjoy ilaetnselvcs on a warm summer day'." First step: a dog park To lamidi the idea McCarthy hopes to tap into the passion and euc rgy of a particular, exisidng corstintenry in the coomirittity, one that is already active and organized: dot; owners, who have long sought a dedicated cnced in park for walling their clogs ctflcash McGar.- tlry hopes to redirect their campaign-- - which has, in any case, fotildct in reccntyears —away from it sites in favor of an underrrsed snetch of T.aSallct Park. Foin !remelt of _ill Buffalo homes iri- dtulc ortrr of Wrote clogs, according to RtcdSteveft. oresidcutof Ole Niagara Frontier Vcleritlaiv Socico, a coaliucrn of 65 rctttinaiv clinics and 173 vctc.ri- nariarrs. The.te are 2:50 cities in the, US that East dog parks, and 500 uog parks in the couriny overall. But the nearest one to Buffalo is across the Peace Bridge in St. Catharinc's. Stevens is a. veter ii of previous nlove- rnems to establish dog perks in AVestern New York. Ile advised a group in Am- herst that tried and failed to establish st dog park and was intimately involved h1 thing to establish a dog pail: in ilcla- vm e Park a few years ago. That effort failed, too, in part .rccausc: many dog owi,ci ah use Dclawaic Park as a de facto off -leash park; though the po- lice occasionally hand out tickets, for the mostpart, they look the Other way. Thee dog owners felt they already road a dog park that they liked, though it was tcc:h- ail ally illegal, and wenc afraid of losing what they had if a sanctioned, fenced -in thig park wt i e to he consnfrcted. So support for a dedicated, fenced -in dog pal k was fr -_t toted even atnonQ the city 's dog owners, stcVenS explained. Add to that split the consents of' the Olmsted Consc;t Fincy. who pointed out that fenc- es had no place in Olnrsted's idea ol'what a park should be. Then .Mayor Anthony- Masiello, who had originally supported the idea, eventually hacked oil and the McCarthy ilrfnks that a w°ateifiant dog park would attract unified suppor antong; (tic city s dog owners, because i t would not threat(1110 n the stairs dl in Del- awrai c Park —i t would simply pr oxide ar other option. And 'it would draw people r to the hate front every day of the week, buildi-rg the son t of cr mass ass lie feels will lead to a go eater sense of community oivirciship of the parks. Croat,° XfcCarthy rr hies, :`they will see what they've been rr is,ing —die water= fronlwill become a rcgular pal t of their t expcniencc ofhrtffalo, which iris not for most people now." Additionally, LaSalle Park is accessible not only to Buffaloniatis but to the cri- tile region: It's at the foot of thr-. Peace bridge, next to an exit off the T-190. Rced Stevt its thinks that LaSalle Park is a promising site because so much of dic ` Tfvou get _it istasl till per centataeofthose park isunderuscd,anditsirot part ofthe people to take their dogs to the water- Olrnsted system, so a fenced -in clog park Top: Javon, who says he swims every day j at the foot of West Ferry, points to trash floating in the water. Middle: Detritus gathers along the krreakwall, as well as along the land -based piers. Bottom: The cash - strapped city is unable to keep up with litter and other degradations, rendering the parks uninviting even at the entrances, where the public first encounters them. should not be deemed all inappropriate use. Plus, dogs like to swim just as non -u as people do. "Water is a Iruge phns," he says. "If You can et a place where dogs can SWilrl ---- wl'tere they can net into the water and out of the watcr, that", huge.° Over an evrni,ig drink at the Tian It in Ihc. Ftic Basin Mar'int, Reed rcitcran.cs the size of the cottstituency doh owners comprise: '10 percent of Buffalo house- holds are (lot: others; there are 122,720 households in the city, according; to the 2001) census. IIt(! Marius is swamped with pcople and both the Hatch and Shatighai Red's are doing a brisk busi.. t r ess. Meanwhile, a halltnilc x at LaSalle Park, the concession stands arc dosed. The baseball diarnonds get i cg nl cr user. and on weekends people sholl along the walkway.. Rare);, there is a conectt'rn the ban dstari d. „ Look at chc sign coming into this park: `No dogs allowed,' Stevens says. "What percentage of the city has lx rls' rind look at. what ire devote to boalin i. tiVhar percentage of households play Soccer' What percent tae plays baseball? Look at die space we devote to tennis.' The benefits of a dot; park extend to the rest of the community as wc11. "An exercised do;,, a socialized do,, is a well behaved dog„" stcvcrt says. '"That's a he.n- efit (u everybody." I'he cost of a dog; park is minin al; it cs- scntially amounts to the cost of 1clocrog and signage Maintcnancc is not air is- sue, either: Recd Stevens has visited dog; parks in other cities and says that dog owners are conscientious stakeholdcis; they police their own, because they don't want to lose % ial got. To m ake i t happen, how ever, people 'stave to ask forit and the city, which maintains Lasalle Park has to sty ycs. With help from die NVcllnc4s Ir:.stillac of Greater Buffalo arid, W'cstent 'New 3 "ork, McCat= Illy is drool rul s an onlhte lx noon to icst support for a water ft ow clot, park. "Lets start with y clog park,` says McCrr- tl:y, who says lie has no personal take in the matter; fics allergic to dog "l 11"n well build microparks fen' the fisher - inen, the skateboarders and even'bocly else. And soon we'll have avibrrnt.water. floor, filtedwith people, all coninuming with this incredible bock ofwater_" , A hike ride along the water M Cardi already has the support of Assenrblptnan Sam Hoyt, to whoa; he pitched the micropalk concept in Jame. Hoyt found ;14,000 in seed money to get the project rollin" Ivo weeks ago McCarthy took Hoyt, alnn,i wftii members of the tuceua and a handled of other iuteresicd parties, on a bike rule. from Tifft Farris to Riverside Paik in older to explain the concept. Gi 1, `steverns, of Par nu s Su vcns Redevel- opment, has been advising McCarthy: he took pail in the Saturday mwmuig tide, guiding the rota' through tale picky ire.. dr. trial section that cvcrturally shits out bikers behind the IFSIiC Arena_ From there the path leads past the Inner 11ar- hot pr c jeer, to the naval park, to the Erie Bashi Marina and on to LaSallc Park. Then the path shoots up onto Niagara Stiect for a tvlriFc, bcfore reioimng the w+ 11 c! ll out at the foot of w( Tory. ")'ou can make this ;arorl: it vou'ic cre- alivc and yore knot, =whatyou'le doing," . Gleg Stevelts says, pointing out that the w i s little signage and il missing Birk in the bike path - - --a bridge at the foot of MIichigan Avenue, which would neatly obviate the need for the cfrcnitous, hard -to- follow route that ex- sts now. "But ifvo l come floret St. Cath eiincs and you want top for a ride for a day, how would You begin to find this? It would take a GPSsystcrn." A munbcr of activists are lobbying for ilrc° reconstruction of that Michigan Av- enue bridge as part of ill(' Isuffalo sec.. lion of the buffalo Niagara t rcciaway. G'clwial Mills, whose facility sits at the end of Michigan Avcnue, has opposed it, appawntly worried 111,11 enhamed pair lie aecess would inleirere witli its hack traffic. I`he problem of the absent Michigan Avenue bridge, and specifically General Mills' opposition to replacing it, rflrrs n ales thetiiggesi obstacle to rmeroparks, and tv a erfiont development F,eneraIl % _flre.e are so many plop -0 owners on the w;itel (root ivith diifcrent agendas, not all of t,htcir align wide each other; anal ve y Cmv tit MIMI eor rider public act( ss and w t c ! r onl to be a priority-. General Mills mate have to relent eventu- ally; the Greerrway, though fiaught with ht.rrtics, has enough political nua!nen- tum to achieve at least its rninimmit goal of an integrated waterfiont pathivay. A city ordinance Iras required developers in the Inner and (biter harbors to alloy; access and space for GI eenway develop - nrent, including waterfront paths. The NFflw committed to + devtlopint water - frolo t;1 e-enspace on its prober n- before it hands that property over to pr ivat.e &- vclopers. - 1 lie k r, accor ding to (,i cg Ste- velm is to start working with the NFI crow, to embed the mictopark, cuvision in dre authority's thinking as it considers how it) d0 that. "It ;s possible to work with the NF LA now, and again later with i nilaud and the other developerswhowill build their proiecis on the waterfront" Steven says. "Rfv;ht now you're nrissill' continuity, YOU can't get from one place to anodrer. There_ are breakages iu the system. But Willa fairly sirriple implovetnents yon could incre2tsc the accessibility and use -. ability of the infrastructure that's there. "Most of this is mAcrappreciawd and under Ill thzed," Steven adds. "There's not a whole lot of stttkelrolding going oil, Fller.gized by the ]tilt ropark proposal, IIo }t says that lie is rnegotiatingwith the New York State. Tfirmway Authority to open public access to a small stretch of wale+ fi on t underneath the Peace Bridge. For Several years he has been ncgotiat- ing iv th tic. Army Corps of Engineers, Buffalo District to open a visitors center and museum in is offices next to Squaw Island. 'I he nauseam would illustrate dre history of the Arrny Corps work,~ in the egion, and would allow visitor's to watch he working canal lock connecting the Niagara River and the Black Rock Ca- nal. `XVc go on field trips to to( k port to visit: the working lock, and we leave one ri ht here in the heart of Buffalo," Hoyt says- 'lie. Buffalo District office is the ,Yrmy Corps 1!cadquarters for the lower Great Lakes; the headquarters for the upper ( ',real Lakes, ire Minnesota, has a visitors center and musctmi much like the one Hoyt imagines. 'The Buft;alo District of- fice, once r'ccelrtive to [lie idea, rs less so now, citing post'I!I I security concenrs about n,vitiug the public onto its prop - cI 'TcoPie always say that Bull rlo's gt eawst a.,sct, are it people, and theme -'re right, but I think our second greatest asset is our waterfront," llo . t says, standir!g amid broken glass on Squaw Islatd. "There's a lot of complaints about our inability to develop the waterfront in a user=#iicndty way, but the fact (if the rnatG ter is that there arc endless opporttutities to do cool and visionary and interesting things along the lines of this micropark concept. And, as we see here on Squaw Island, (the best kept secret ill Western New fork) there is public access and there arc existing opporttrnitics for the public ro crnjoy the err,raordinait wattl- front thatwe have." Start small, start now McCarthy stands on the brcakwalt at the foot of' M Fer!y, anion, tire broken glass ant{ used syringes, watching Jovan and his friends jumping over and over again into the Black Rock Canal. The r_oncessior!s stand beside than park- ing lot is closed; so are the public rest - rooms. There's a pothole in a nearby section of the bike path that's about 16 Niches deep and two feet v6de, filled Willi trash. "I don't understand tfiv there has been a l ack of m terest in this ar c a where we're sea n di n g rigrh t n ow, ' �1cCa illy stay's. `This was the original gate to Buffalo when it was a, thriving ntettopolis Now it's be- come t gravc),ai cl of industrial waste and t , C1 , -it-t 17 - -g-t 23. A', 15 z F I T� . sec a rc and Syrjnges. Talking a mute a rzrinut_e, lie trills oft a string of w hat ifs. ['that if there were a tahlr installed so fishermen cool( -tit their fish right there' Glrtrtt if' a colitnutnity €soup took ownership of the landscaping What if, at the etird of the long walk down the bicakwall, there were some benches and a garden, inaybe even a snack bar —in other words, t chit rop;htl-- instead of a batten circle of rock% tit i at it Ole water taxi that Rick Stnith of lZigidized Mclals hopes to pill in the tearer stalled cat lying Ircdesnians and hic froth Eric Fusin -Ia- iina to that hreal<walt rnicropai k, and to others up and down Buffalo's water front? "Places to conhmunc, to gei rogt ihcr with tour family, your friends, to enjoy what eve have right in clor bank va r(I" f i t .says. 'Tvc lived het all my life. I'vi: traveled this Waterwal all rc}- life," he adds. "I grrwup fishing all along [lie Ni- aga�a Ricer and the lake. 'Chars why f'm doing this- - Dei ause I watrt heople to see it the c,a} 1 c10 to loge it as rnuch as I do Later that afternoon, on Scnaw Island, McCartlet strikes up zi conversation with a couple tdhose relation - hip began ttith a suo11 doticn the breakwall. As lie talks with them, the revolving bridge over the canal "wivels to let the ilrss I3ufj4lo pass through, carrying a couple dozen sightseers. The man, also named Jay, reflects on the charges on the waterfront since he lvas kid in the 196(k and I970s, _swirnrning and fishing and dunking 11r °e11 )n sq(taw Island. `Rro ;a that they're doing something it's ml improve - mc'nt over [lie last 313 tears," the says. "Gallagher Beach, Timc - Beach I aSalte Pat has been in transition since thcc decided to start huildnlgs toWnlsouscS and cortdoS clown there. it shortened np tike bark hurt it nhadc it IIe retu€ IiS a Wave to the pee} le on the rhtacs 111141(ln, who have cleared Ow handge. 'This was Ilse joint when I was a kid," he says and gins " S'oft cane back here, you drank settle beers and went sivinhrnmg_.Fou get bevond the stink, Ws a pretty' good place u3 Lang." a Above: Reed Stevens, president of the Niagara Frontier Veterinary Society, is an advocate for dog parks. Above right: Assemblyman Sam Hoyt has found sto,000 in seed money to pursue the micrpoarks concept. Below right: Developer Greg Stevens is consulting with Jay McCarthy to promote McCarthy's micropark project. r € �_. . Chuck Close: Self-Portraits 1967-2005 July 21 - October 22, 2006 The oxhdbition is ory .ri( red b the Walker Art Ce.., _ r, h4ioneapoliS J flit. sm, €ar cis+ o €llu_e, r . of Mrt: Teri, An, Sapp, rt for the exNbition. has }aver provided by the cjiohal Firiancial services film uIl >, fhe Evelyn. D. fads i xhihit tin Fund, fha ia:itri l l ncowmnrit for ttxe Pats, ae, i an An gus l�razrYele. M&T the pre., n t 0 Cior of tha exhibitiar in western P rey York is r. tie Fmssibiv by iii% hank. ,� �� ' � A c s ue. Expect the unexpected 1285 Elmwood Avenue, Buffalo, New York 715.882.8700 + www.albrightknox.oig (detail} Chuck Close ( American, horn 1940). S"e1f Portrait, 2004.05. Oil o!. canvas, 102 x 86" (254.1 x 2 on.i. Pi Ovate Coltection, Now York. Photograph courtesy the artist. Close A. hu g sp L 0 S E 16 A- auf, st l7 ang ist 23, 2OO6 r� � 1 � BONNIE E. RUSSELL PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1508 City Hall BUFFALO, NY 14202 -3318 September 26, 2006 PHONE: (716) 851 -5165 e FAX: (716) 851 -4580 E -mail: brusseII@ch.ci.buffalo.ny.us. Gerald Chwalinski, City Clerk Clerk's Office City Hall, Room 1302 Buffalo, NY 14202 COMMITTEES CIVIL SERVICE, CHAIR RULES LEGISLATION COMMUNITY DEVELOPMENT BUFFALO URBAN RENEWAL AGENCY LEGISLATIVE ASSISTANTS JOANN B. COLE SANDRA D. MUNSON Medaille College Request to Make Physical and Cosmetic Improvements to the 90 ft. Baseball Diamond located at McCarthy Park Dear Mr. Chwalinski: Attached please find the above - referenced item to be filed for the next Buffalo Common Council meeting to be held on Tuesday, October 3, 2006. Very truly yours, 1 V S yr Bonnie E. Russell President Pro Tempore University District Council Member BER:sdm Attachment cc: Commissioner Joseph A. Giambra, Departments of Public Works, Parks & Streets (w /encl.) Commissioner Andy Sedita, Department of Parks, County of Erie (w /encl.) REFERRED TO THE COMMITTEE ON F � l,M /�'� (C. - ��. � .i � �. -t, t. r�� ! 4�t..: 41.1 `�� Z �'�`� ✓� "t� t`'�.m3 "'United for University' Sep, 26. 2006 3:16PM MEDAILLE COLLEGE (716) 884 1887 No. 4721 P. 1 r Ronald Nero 1. �� Medaille College Baseball 18 Agassiz Cir, Buffalo, NY 14214 Mr. Jim Hornung, Erie County Parks Department Please accept this letter as my formal request to the City of Buffalo, Erie County Parks Department and Kensington Little .League to make numerous physical and cosmetic improvements to the 90 ft baseball diamond located at McCarthy Park, as per our conversation of September 08, 2006. The cost of these marked improvements will be covered by Medaille College and its baseball program with absolutely no additional cost to the City, County or Little league. Though the Medaille College is growing in leaps and bounds we have yet to develop an athletic facility to house our teams, so, on a yearly basis, we use your facility at McCarthy Park, which is greatly appreciated. But, this year the NCAA and our home conference, the Allegheny Mountain Collegiate Conference, (AMCC), has developed strict guidelines as to baseball and softball field requirements, which places both the Medaille Baseball Program and McCarthy Park in a win -win situation. We will all benefit from these mandatory improvements to the ball park. With that being said, the following are the improvements that we need to and are willing to make: Baseball 1. Dugouts - concrete /roofed dugouts will be built 2. Bullpens - home and away bullpens will be in place I Fencing removed where applicable 4. Fencing repaired where applicable 5. Fencing added where applicable 6. Outfield fencing will be covered with green screening and topped with a yellow plastic protective capping. 7. Foul poles, yellow, will be in place 8. Infield grass will be replaced with new 9. A 150' infield tarp will be utilized 10. A remote scoreboard will be in place 1 l . The use of the facility building for bathrooms and concessions. Softball 1. Dugouts - concrete /roofed dugouts will be built 2, Bullpens - home and away bullpens will be in place 3. Fencing will be removed, repaired and added where applicable 4. A portable outfield fence will be utilized S. Infield grass will be stripped 6. An infield tarp will be utilized Sep-25, 2006 3:16PM MEDAILLE COLLEGE (716) 884 1887 No-4721 P. 2 Page 2 Please note that none of these projects will be completed without first conferring with Tim Hornung for input and final authorization. If allowed to proceed with this plan, the McCarthy Park facility will have two of the forest ball fields in the Western New York area. Our plan is to also allow the Buffalo City schools the opportunity to play league and championship games on the refurbished diamond. I would also offer our services to the Kensington Little League in the form of free baseball clinics and the opportunity to share in the concession profits at the field. Please allow me the opportunity to present myself and these ideas personally at a meeting with all of those who will be involved in thew decisions. Thank you in advance for your time and consideration into this matter. tS� cerely, of T. Nero Medaille College Baseball Coach `r T'exec 7168948257 09128/2006 14:06 #733 P.002 /002 / �, ..sur Q 1 \ V V N DEVELOPMENTAL DISABILITIES ALLIANCE OF WNY Thomas A. Sy President Mark R. Foley Vice President Rhonda Frederick Treasurer loan Erickson Secretary Donna Saskowski Adult Services Stephen R. Anderson, Ph.D. Children's Services Michael Gross Government Affairs Jeff Sanderson Public Education Judith A. Shanley, Esq. Administrative Services Lorraine Blum Coalition of Self Advocates and Parents September 27, 2006 Mr. Paul W. Wolf – Chief of Staff Buffalo Common Council 1413 City Hall Buffalo NY 14202 Phone: 716 -851 -5105 Fax: 716- 851 -4234 Dear Mr. Wolf: F Speaking on behalf of the Developmental Disabilities Alliance of Western New York ( DDAWNY), our Board of Directors and the entire 40 agency membership, I urge the Common Council not to approve the Restricted Use Permit Ordinance (RUPO) being presented on Oytober 3, 2006. 1'r3e nbers of DDAWNY as well as the individuals and families we assist are deeply distressed over the recommendation of the Common Council's iLegislation Committee to approve the Restricted Use Permit Ordinance (RUPO). Instead, we urge you to commit to bringing together concerned community residents, service providers and their clients to write a law acceptable to all parties. _ov. may know, many of our member agencies have programs located within the city limits. Several agencies are among the lar esg t employers in our city ( DDAWNY agencies employ over 8,000 workers and contribute over $250 million annually into the WNY economy). An estimated 10.000 individuals with developmental disabilities and their families live, work and do business in our wonderful cijy daily. This proposed ordinance will have a negative effect on thousands of maple —cites residents who are among our most vulnerable citizens. Members of DDAWNY realize that it is important for us to keep our elected officials abreast of issues that are of concern – particularly those that may negatively impact the lives of the truly needy population we both serve. It is for this very reason that I strongly urge the Buffalo r ^*^ mon Council members to not reinstate the proposed Restricted Use Permit Ordinance. Sincerely, w ^as A. Sy DDAWNY Board President �m linking agencies ... supporting people ... linking agencies ... supporting people ... linking agencies ... supporting pp 7 Community Drive o Cheektowaga, NY 14225 o Phone: 716. 877 -7007 i Fax: 716 - 892 -2025 E -mail: ddawny @ddawnyorg + Website: www.ddawayorg CA PETITIONS I � K. MCCARTHY, AGENT, USE 139 (aka 139/145/151/157) BUFFALO RIVER - ETHANOL PROCESSING PLANT (rte) (HRG. 10 /10) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD OFFICE OF THE CITY CLERK 01 i ; GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics 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 Hall On:� AT 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Si neck Agent or Owner g g ) -' CA PZ Print Name fL= t Phone # Date , e, ATTENTION: PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER, 851 -5086 FOR PLANNING BOARD MEETING. City of Buffalo GC Building Application_, 65 Niagara Square Buffalo, NY 14202'? (716)851 -4667 Fax (716)851 -5472 Repor. Date 09/14/2006 03:45 PM Submitted By DAVID KRUG Page 1 A/P # 97214 AppIl"001000rrr Stages Date / Time By Date / Time By Processed 09/14/2006 15:43 KRUGD Temp COO Issued COO Final Expires Associated Information Valuation Type of Work # Plans 0 Declared Valuation 80000000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name Description of Work COMMON COUNCIL APPROVAL REQ. (BUFFALO COASTAL SPECIAL REVIEW DST.) PUBLIC HEARING REQ. Z.B.A. APPROVAL REQ. CITY WIDE SITE PLAN APPROVAL REQ. ERECT A MULTI -STORY ETHANOL PROCESSING PLANT WITH FERMENTATION TANKS AND SEPARATE ETHANOL STORAGE TANKS. REUSE EXISTING GRAIN ELEVATORS FOR STORAGE OF CORN. LOTS TO BE COMBINED IN ASSESSMENT. (A.K.A. 139/145/151/157 BUFFALO RIVER AND 4/77 LOT LINES) PLANS REQ. Parent A/P # Project # Project/Phase Name Phase # Size /Area Size Descriptio J?sperfylS►Te (nfaation Address 139 BUFFALO RIVER Location iner/lenar[t Contact ID AC128279 Name RIVERWRIGHT LLC Mailing Address 20 CHILDS ST. Organization City BUFFALO State /Province NY ZIP /PC 14203 Country USA Day Phone Evening Phone Fax Mobile # Li►Icec}Addte§ees No Addresses are linked to this Application Ai'P LinkI Addresses No Addresses are linked to this Application Linked Panels 1221400003002000 +tP par,ceis: No Parcels are linked to this Application Foreign City of Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851-4667 Fax (716)851-5472 —Y Report Date 09/14/2006 03:45 PM Submitted By DAVID KRUG Page 3 Review Miivitiles Ac "-fttuo Act t T W ary M d 'C a ion ti 314105 CITYWIDE 0 N 314106 ZONVARI 0 N tly 'Ac 'fty'"lew Wafts- No Activity Review Details rolved ate u p er ia c s r ti No Conditions ff 0 No. of Residential Units Lost Q Residential E) Work Without Permit (FINE) Debris: 0 No. of Residential Units Added Commercial Q Work Done by Owner Ej Truss Construction Zoning Board of Appeals 09/14/2006 15:40 ELEVATORS You must fill out the custom form on activity detail if there is ELEVATOR work to be Building Construction: STEEL completed. - 7 7- 7 7 77777 USE,SQ,FT 4 7 7 7 77 ir,� E'ie ift H 45000.00 Y EMp!0 ye � . ......... . . E mp l oyee D at No Employee Entries Ac on Description Eatered >riy Start Stop Hours No Log Entries K. OLSON, AGENT, USE 1860 SENECA STREET - INTERNET CAFE /SALES, ETC. (SOUTH) (HRG. 10/10) (, C 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 CITY CLERK r � 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 Hall On: 10 -1 — 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 or Owner) Print Name t = Phone # Date E lT�_s - NUM CIS► PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER, 851 -5086 FOR PLANNING BOARD MEETING. City of Uuffalo USE Building ApplicaVon 65 Niagara Square Buffalo, NY 14202 (716)651 -4667 Fax (716)851 -5472 Report Date 09/18/2006 12:17 PM Submitted By Mike Castro Page 1 A/P # 97296 Applirationi IttfEirtF _Stag Date / Time By Date / Time By Processed 09/18/2006 12:01 CASTM Temp COO Issued COO Final Expires sociated Information Valuation Type of Work # Plans 0 Declared Valuation 70000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name Description of Work — PLANS REQUIRED — — COMMON COUNCIL APPROVAL REQUIRED (511- 64) * *" PUBLIC HEARING REQUIRED, FEE REQUIRED. CONVERTA 2 STORY WAREHOUSE TO AN INTERNET SERVICE W /CAFE & CRAFTS SALES ON FIRST FLOOR AND GAME ROOM AT SECOND FLOOR, IN THE SENECA STREET DISTRICT. CONTACT KEVIN OLSON @ 560 -6790. Project/Phase Name Size Description Phase # Contact ID AC95603 Name FOSER,ROGER A Mailing Address 1877 SENECA STREET Organization City BUFFALO State /Province NY ZIP /PC 14220 Country USA Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05128/2000 To Linked Addresses No Addresses are linked to this Application A/I? Linked Addresses Y No Addresses are linked to this Application Licked Foiel: 1236500001075000 Ai . Lirtket€. Palcels No Parcels are linked to this Application Api�hcants/Gontac�s' No Applicant Contacts City of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4667 Fax (716)851 -5472 Report Date 09/18/2006 12:18 PM Submitted By Mike Castro Page 3 PRIOR APPROVALS Bflo Arts Commission City Survey (con't) ❑ Arts Comm. Approval ❑ Subdivisions ❑ Special events ❑ public Works approval ❑ Notarized Permission/ Common Council City Engineering ❑ 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 Preservation Board ® Restricted Use Permit City Planning ❑ Other ❑ Citywide Site Plan ❑ Subdivisions Environmental Review ❑ Urban Renewal ❑ S.E.Q.R.A. E) N.E.P.A. City Survey ❑ Address Permit Law Office ❑ Development ❑ Insurances Check ❑ Flood Plain ❑ Title Held No Conditions There is no planning condition for this project. No Records for This Search Criteria ® Work done by owner ❑ Residential ® Commercial ❑ Multiple Dwelling Permit Office El Asbestos Survey ❑ Asbestos Abatement ❑ Bond /Certified check ❑ Assessment Combination ❑ First Insurances Check ❑ public Works approval ❑ Notarized Permission/ for portable sign one year Lease showing Use ❑ Rodent/Vermin Bait encroachment ❑ S ewer/Water Cut Sewer Retention ❑ Simple Demolition ❑ Telecommunication ❑ Simple Plan Approval ❑ Tree over 4" at 4' ❑ Zoning /Use Check ❑ Thruway Sign approval Preservation Board ❑ Zoning Variance ❑ Preservation District ❑ Contiguous Check Water Department ❑ New Water Supply ❑ Water Retention ❑ Zoning Board ❑ Work with out Permit (FINE) FLAT FEES Existing Use STORAGE FACILITIES New Use CAFE AND GAME ROOM Dwelling Units Lost 0 ® Electrical Dwelling Units Added 0 ❑ Plumbing ® Heating Debris 0 C. SCHMITTER, AGENT, USE 1209 HERTEL AVENUE - WINERY (DEL) (HRG. 10/10) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOAR . G� 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 CITY CLERK 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: -/ I a -e f 4- C to be held in the Council Chamber, 13th Floor, City Hall On: oc 66-e ,r' c�- 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 Owner) Print Name Phone # �, Date I��I� ATTENTION: _PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER, 851 -5086 FOR PLANNING BOARD MEETING. City of Buffalo CONVRT Building Application 65 Niagara Square Buffalo, NY 14202 i (716)851 -4667 Fax (716)851 -5472' Report Date 09/21/2006 11:44 AM Submitted By Mike Castro Page 1 A/P # 78828 implication IMcrmoa Stag Date / Time By Date / Time By Processed 05/23/2005 11:03 DIGEF Temp COO Issued COO Final Expires Associated Information Type of Work # Plans 0 Dept of Commerce # Pages 0 Priority ® Auto Reviews Bill Group Square Foo tage 0.00 Name Valuation Declared Valuation 10000.00 Calculated Valuation 0.00 Actual Valuation 0.00 Phase # Description of Work CONVERT AN EXISTING STORE IN A C -2 DISTRICT TO A WINERY (511 -48B (2). --- PLANS,SURVEY,ZBA,COMMON COUNCIL APPROVAL REQUIRED PUBLIC HEARING REQUIRED, FEE REQUIRED FOR USE IN A SPECIAL ZONING DISTRICT (511- 59E). *" Parent A/P # Project # Project/Phase Name Phase # Size /Area Size Description PrOpertyiS�� Inform�ti� . .. , .. Address 1209 HERTEL 14216 - Location Y Contact ID AG 1112737 Name SCHIERLITZ WILLIAM Mailing Address 1368 HERTEL Organization City BUFFALO State /Province NY_ ZIP /PC 14216 Country USA Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 06121/2002 To 02/22/2005 Contact ID AC19203 Name SCHIERLITZ WILLIAM Mailing Address 129 WINDSOR AVE Organization City BUFFALO State /Province NY ZIP /PC 14209 Country USA Q Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 06/21/2002 Contact ID AC1216648 Name CHRISTOPHER WERELY Mailing Address 348 UMBERLAND AVE Organization City BUFFALO State /Province NY ZIP /PC 14220 Country E) Foreign Day Phone Evening Phone Fax Mobile # Occupant N from To Owner Y From 02/22/2005 To City of Buffalo CONVRT Building Application 65 Niagara Square Buffalo, NY 14202 (716)8514667 Fax (716)851 -5472' Report Date 09121/2006 11:44 AM Submitted By Mike Castro Page 3 There are no Inspections for this Report 177828 ZONVARI 0 N 05/23/200511:03 177830 CC APP 0 N 05/23/2005 11:04 05/23/2005 11:04 DIGEF No one showed to file this use permit with the Common Council Detail 1. PRIOR REQUIRED APPROVALS Modified By digef Modified Date/Time 05/23/2005 11:03 Comments No Comments PRIOR APPROVALS Bflo Arts Commission E) Arts Comm. Approval City Survey (con't) [I Subdivisions Permit Office [I Asbestos Survey Asbestos Abatement Special events E) Bond /Certified check E) Assessment Combination Common Council E) First Insurances Check City Engineering ❑ Admin Office/A pts R4 E) public Works approval Curb Cuts E) Beauty Parlor R2 E) Notarized Permission/ for portable sign one year Encroachment Canopy /Marquee ROW Lease showing Use ❑ Rodent/Vermin Bait encroachment [-) Oversize Trucking Freestanding Sign 0 SewerNVater Cut 0 Sewer Retention El Plumbers' Cuts E) Human Service Facility � Simple Demolition Q Telecommunication Q Street Cuts Portable Sign in ROW E) Simple Plan Approval City ® Restricted Use Permit (-) Zoning /Use Check EJ Tree over 4" at 4' Planning Q Other D Thruway Sign approval E) Citywide Site Plan ❑ Subdivisions Environmental Review Preservation Board ® Zoning Variance E) Urban Renewal Q S.E.Q.R.A. E) Preservation District Q N.E.P.A. E) Contiguous Check City Survey Address Permit Law Office Water Department Development E) Insurances Check Q New Water Supply E) Flood Plain Q Title Held Water Retention No Conditions There is no planning condition for this project. No Records for This Search Criteria HERTEL 1 100' WI DE ) AVENUE cANOI'Y 3.45 N 75.00t - �__..._. s BLDG. 13L OG. e Q _ SLOG. o.is'w. '� o."Is. O,oC s. 3,10 - .,O 0.02' It'd `'`` -- BRICK °lJE1LOT 2 BUILDING CONCRETE d BRICK BUILDING No. 1207 O O C> 15 � u1 c9 ro Pt 0c. N ch 0.20'E. ca y uTn.1 EY I o; ifl 19.00' r -aLe __ _ a 1 ro u� Q �L31'E, o Fv t FRAME 0, 2 w. '. GARAGE n t 96.00 a rt•NCG � C I O W. L'so'F• 61 0,50 N 1 V 1.72W CONCRETE DRIVE DRIV 11.0 16.13 .�• 30- _ _ - _ s5 t.w a. - -moo, lluoc. . 7 L22 S. WINDOW I.s s. r o Nc� a.cs w, o �l wwe ` 0.00 N FRAME o,zo w HOUSE No. 96 9LLA. & M ACKA.Y F & A7T w. • ; r.;Y.f � u 1 ^'s't:1Q'.7f'T +•4 i3C. T.Y - r :rrr` :r:. ^r cr r1Ei.t! xJr� s� ; >ta LAND SURVEYORS f, v. •FIkkl =� YORK E: X28 -93 !.%t ".:y1.1 h`.•.V {.G r.1:�29 - BUFFALO, NEW 8 I - J�9O _E: 1 " 20' C • - 1'1 116 MAP VOID 11111 CMt' ' EAST 10 OF SUBL_OT 2 +^s. ALL cennosaco SURVEY OF: EAST AL N4A6� COVER tI0�6 wmiNr _wvo ,CA l ATPL t7tAND _ IIN04 OF SUBLOTS 3 & 4 - O I' T i 11 Fcf > >,; liM nl1'4i IINU ANV II'FM ON 11115 MAP IS A VIOLAI IOPI or II IL PAFi'r OF LOT Y6 S "� _ T. -1 R.._ �- COUNTY OF ERIC . __N.Y. LAW cxcel•r AS VR0Vlocaw ^cctivN HOLLAND LAND COMPANY'S SUR V EY �,_ -.__ 720 il.PArt7 it QP /nT( OF THE _,. ,. _�. _.__,- .— ,•.- - -. ....._._ ... ,.... —� _ _..— .___.. gL11JGnnrNIAW STREET ADDRESS: 1209 -1215 HERTEL AVENUE, CITY OF SU(=F'ALO NO. `lA.T2 1 -3 EO 'd 'ON xv_i Z.1 I Sd I l WV 63:11 IIHI 5003- 3O -Ntlf I -413 301 CITY HALL BUFFALO, N.Y. NOTICE OF APPEAL (To be filed in duplicate with the Comm. Public Works, who will forthwith transmit to the Board of Appeals all papers constituting the record in the matter or, in lied thereof, certified copies of same:) FROM Appellant. Gentlemen: Concerning the Application dated For Building Permit. and use. At Premises which w Denied by the Comm. Public Works. e� The reason for Appeal OM the en 'al �C is under section paragraph .grant ) r t rg This notice of an Appeal from said denial . or grant is hereby given within the twenty days or three days, respectively, as required, from the date of the decision of the Comm. Public Works. I will forthwith file in duplicate all of the official forms of appeal with the required data thereon and here -with request duplicate copies of said official forms for said purpose. G���� Signature of Appellant. Address Dated g Z j DEPARTMENT OF THE TREASURY— ALCOHOL AND TOBACCO TAX AND TRADE BUREAU BASIC PERMIT (Under Federal Alcohol Administration Act) 1. PERMIT NUMBER NY -W -15039 2. DATE OF PERMIT SEP 2 3 ° } 5. NAME AND ADDRESS OF PERMITTEE (Number and street, city or town, State and Zip Code) 3. REGISTRY NUMBER (it app Ica e BWN -NY -15033 Chateau Buffalo, LLC 1209 Hertel Avenue Buffalo, NY 14216 6. TRADE NAMES AUTHORIZED BY THIS PERMIT (Trade name approval does not constitute ap- proval as a brand name for labeling purposes. if needed, list on reverse or use continuation sheet.) Chateau Buffalo 4. DATE OF APPLICATION AUGUST 15, 2005 7. PERMIT GRANTED FOR (ONE TYPE OF OPERATION ONLY) Pursuant to the application of the date indicated in item 4, you are authorized and permitted to engage, at the above address, in the business of: a. ❑ Distilled Spirits - ❑ distiller ❑ rectifier (processor) ❑ warehouseman and /or ❑ warehouseman and bottler and while so engaged, to sell, offer or deliver for sale, contract to sell or ship, in interstate or foreign commerce, the distilled spirits so distilled or rectified, or warehous- ed and bottled, or the wines so rectified, b. ® Wine - ® producer and blender El blender and while so engaged, to sell, offer or deliver for sale, contract to sell or ship, in interstate or foreign commerce, the wine so produced or blended, C. ❑ Importer - importing into the United States the following alcoholic beverages: and while so engaged, to sell, offer to deliver for sale, contract to sell or ship, in interstate or foreign commerce, the alcoholic beverages so imported, d. ❑ Wholesaler — Purchasing for resale at wholesale the following alcoholic beverages: and while so engaged, to receive or to sell, offer or deliver for sale, contract to sell or ship, in interstate or foreign commerce, the alcoholic beverages so Purchased. This Permit is conditioned upon your compliance with the Federal Alcohol Administration Act; the Twenty-first Amendment and laws relating to its enforcement; all other Federal laws relating to distilled spirits, wine, and malt beverages, including taxes with respect to them; the Federal Water Pollu- tion Control Act; and, all applicable regulations made pursuant to law which are now, or may hereafter be, in force. This basic permit is effective from the date shown above and will remain in force until suspended, revoked, annulled, voluntarily surrendered, or automatically terminated. THIS PERMIT WILL AUTOMATICALLY TERMINATE THIRTY DAYS AFTER ANY CHANGE IN PROPRIETORSHIP OR CONTROL OF THE BUSINESS, unless an application for a new basic permit is made by the transferee or permittee within the thirty day period. If an application for a new basic permit is timely filed, the outstanding basic permit will continue in effect until the application is acted on by the District Director, Alcohol and Tobacco Tax and Trade Bureau. THIS PERMIT IS NOT TRANSFERABLE. ANY CHANGE IN THE TRADE NAME, CORPORATE NAME, MANAGEMENT OR ADDRESS OF THE BUSINESS COVERED BY THIS PERMIT, OR ANY CHANGE IN STOCK OWNERSHIP (MORE THAN 10 %) MUST BE REPORTED TO THE NATIONAL REVENUE CENTER OR PUERTO RICO OPERATIONS OFFICE WITHOUT DELAY. THIS IS AN ORIGINAL PERMIT U AMENDED PERMIT REASON FOR AMENDMEN I DATE OF AMENDMENT JOHN J. MANFIIEDA, ADMINISTRATOR F 5170.2 (112005) FSI- 890(Rev. 7104) i A report of the Department's findings will be mailed to you within five working days. The results f the inspection show: The establishment in substantial compliance in that no critical deficiencies were observed C] Critical deficiencies which were corrected at time of inspection EST. R TITLE EST. R INSPEI PLEASE NOTE: A critical deficiency is a sanitation or food safety condition that must be corrected immediately It may result in the assessment of civil penalties and other action provided by law, including administrative hearing or court action. Article 28 of the New York State Agriculture and Markets Law requires a retail food store to post a copy of the date and results of its most recent sanitary inspection in a conspicuous location near each public entrance. A retail food store may comply with this requirement by posting a copy of this Notice of Inspection. If you offer to give any benefit, thing or money to any employee of the Department of Agriculture and Markets, your conduct will be reported to your local police or sheriffs department. An inspection of your establishment was made today pursuant to provisions of the New York State Agriculture and Market.s Law relating to food. D Critical deficiencies o £ V, t` R. DOLLMAN, AGENT, USE 161 ELMWOOD- SIT -IN RESTAURANT (ELL) (HRG. 10 /10) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD L,L--- OFFICE OF THE CITY CLERK d i GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics 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: /-e to be held in the Council Chamber, 13th Floor, City Hall On: L — / ( — ( 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_ ®.- L4 �A:gen or Owner) Print Name alp belk - Phone # � Date> ATTENTION: PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER, 851 -5086 FOR PLANNING BOARD MEETING. City of B - GC Building Application 65 N.a3ara Square /_1 fix. -� Bu ft NY 14202 ffs (716)851 -4667 Fax(716)851 -5472 Report Date 06/22/2006 09:39 AM Submitted By DAVID GRUNDY Page 1 A/P # 93700 Stages Date / Time By Date / Time By Processed Temp COO Issued COO Final Expires Associated Information Valuation 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 0.00 Name iption of Work CONVERT USE - COMMON COUNCIL APPROVAL REQUIRED, SECTION 511 -56 D(1), FOR RESTRICTED USE PERMIT, FOR A SIT -1N RESTAURANT. PUBLIC HEARING REQUIRED. IN A 1 STORY MASONRY AND STEEL COMMERCIAL BUILDING, CONVERT USE FROM AUTO RENTAL (B OCCUPANCY) TO SIT -IN RESTAURANT (A -2 OC CUPANCY). PLANS REQUIRED. Parent A/P # Project # Size /Area Address 161 ELMWOOD 14201- Location Project/Phase Name Phase # Size Description Contact ID AC1257388 Name ORIOLE MANAGEMENT INC Mailing Address Organization City 3999 GENESEE ST State /Province BUFFALO NY ZIP /PC 14225 Country E) Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To Contact ID AC60104 Name ORIOLE MANAGEMENT INC Mailing Address 3999 GENESEE ST Organization ORIOLE MANAGEMENT INC City BUFFALO State /Province NY ZIP /PC 14225 Country USA 0 Foreign Day Phone (716)632 -4675 x Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 11/26/2001 Contact ID AC901127 Name ORIOLE MANAGEMENT INC Mailing Address 3999 GENESEE ST Organization City BUFFALO State /Province NY ZIP /PC 14225 Country USA E) Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 11/26/2001 To 02/22/2005 City of Buffalo GC Building Application 65 N`;3gara Square Buffalo, NY 14202] (716)851 -4667 Fax (716)851 -5472_ Report Date 06/22/2006 09:39 AM Submitted By DAVID GRUNDY Page 3 "Activities > A¢t # Act 7 Status Waived issued Scia rted GCimpted . �grttp By„ '�C�TI'ltlrier#ts : �, 288620 HPLAN 0 N 288621 PLAN REV 0 N 288622 PPLAN 0 N Activity f2ev eHr:De#alls„ Detail 1. PRIOR REQUIRED APPROVALS Modified By GRUND Modified Date/Time 06/22/2006 09:30 Comments No Comments PRIOR APPROVALS Bflo Arts Commission City Survey (con't) Permit Office ❑ Asbestos Abatement Ej Arts Comm. Approval 0 Subdivisions Q Asbestos Survey El Special events E) Bond /Certified check ® Assessment Combination City Engineering Common Council ❑ Admin Office /Apts R4 D First Insurances Check E) public Works approval Curb Cuts E) Beauty Parlor R2 Q Notarized Permission/ for portable sign one year p g y Encroachment C) Canopy /Marquee ROW Lease showing Use g � RodentNermin Bait encroachment EJ Oversize Trucking 0 Freestanding Sign El Sewer/Water Cut ❑ Sewer Retention 0 Plumbers' Cuts 0 Human Service Facility El Simple Demolition Q Telecommunication 0 Street Cuts Q Portable Sign in ROW E) Simple Plan Approval ® Restricted Use Permit D Tree over 4" at 4' City Planning 0 Other El Zoning /Use Check ❑ Thruway Sign approval ® Citywide Site Plan Preservation Board Q Subdivisions Environmental Review Preservation District Zoning Variance Urban Renewal EJ S.E.Q.R.A. 0 N.E.P.A. 0 Contiguous Check City Survey Q Address Permit Law Office Water Department Development 0 Insurances Check E) New Water Supply E) Flood Plain ❑ Title Held E) Water Retention t�r611�1c G4T1411110 ns " Ct o �� Ap ptc#�r l A#tptavetf y Apps sd [� to � kp 4 15y Appitetf Dste As l�eei[ , - upefrnsar R�qulteEt - 11 , C, 6mments . No Conditions emPloyee. Employee !f1 L st ,itrt Ml Comments No Employee Entries L0g Deriptloantetee#By,; start., - Stop omltieiits No Log Entries 7 i I I � i �evcoo,ervmEEan --� I I i9 t Ei s iii ( IT ELLOw Ryv' ars000ia I qNG NEW SITE PLAN PHASE ONE CO MPREHENSIVE PLAN PHASE ONE NEW PARKING LAYOUT/ STRIPING NEW EXTERIOR COOLER / FREEZER ADDITIONS SCREEN PARKING LOT WITH "ADOBE SCREEN WALL" NEW BOLLARDS AS REQUIRED TO PROTECT WALL NEW "HALF" PLANTER BARRELS NEW SEASONAL TIRE (CURB) STOPS m: t: L` Re hh 0 Z O J V c� s I LU ' IS goo d. O W a Lu 0 z y aa "ADOBE" SCREEN WALL ELEVATION ELMWOOD AVENUE ------------ — --------------------- --- - - -- - -- T v PARTIAL FIRST FLOOR FOUNDATION PLAN NORTH W A L L T Y P E S WAll I�'/ WA LL OF . N :A4TOH NAE PA AAAG O 04 1 , LEGEND rsff wutrmESCHEgaq O D]ORM+.tBEt rsAE OOa,scxEGU�1 n `c m: �' AMSRiGDOCAIOBFAEMOUEG GENERAL NOTES Wwuwrn msnro �� MNCN IXG. Pt1NCEM Ear corsrmcro�+ ro Sci:;° y:ee "� ti= . =3,•. toi ::^ m r c xmw rau.cncw . w rsff wutrmESCHEgaq O D]ORM+.tBEt rsAE OOa,scxEGU�1 GENERAL NOTES O ooLLranmsn 4�-1 o z z 'Q a rs;e > g /7DETAIL FOUNDATION @ COOLER/FREEZER Q p O L. LL 1L i. NORTH "ZI NEED W/M IaTCH it REFLECTED CEILING PLAN NORTH KEY TO CEILING TYPES AF RCP LEGEND vw.r ♦�E11mN GRILLES O O A - 7 - Z C W E I ,. 0 Z U. ui cx uj U i T�� oo� mn (sEE oE,a„s rNe sM 1 f�LETAII v COPING @ MASONRY PARAPET ustE: , ur -ra RN? EXHAUS( VEN15 &FLlR6? ROOF PLAN SCREE: v4•. r.v NORTH Eu i ui�nu� <.IMUE 1 i.aaEx lx oc L x�NexEn w SfnUen Ietae bv EPOM MEM1B0.arR xopfgG RFAIFOVroop elOCletuG �l1�NROtGN WOK IO CURB cornwuous so-x:EnwumE -.. ____________ rotNAVF SFntER ,.. .. _ vu suf.LxEV�E� i 114 we cotun rs wreessEESECa EEwF4 KMN. K.4. °�o�MNGm <. <, � DETAII \Z/PITCH POCKET scuE:, yr -ra l Alrx ron Mw� w � i +�mES muiEo 1 t awNVUUra OOtu[ uc suuM EpOf fENElRatpt.' 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ROOF PLAN SCREE: v4•. r.v NORTH Eu i ui�nu� <.IMUE 1 i.aaEx lx oc L x�NexEn w SfnUen Ietae bv EPOM MEM1B0.arR xopfgG RFAIFOVroop elOCletuG �l1�NROtGN WOK IO CURB cornwuous so-x:EnwumE -.. ____________ rotNAVF SFntER ,.. .. _ vu suf.LxEV�E� i 114 we cotun rs wreessEESECa EEwF4 KMN. K.4. °�o�MNGm <. <, � DETAII \Z/PITCH POCKET scuE:, yr -ra l Alrx ron Mw� w � i +�mES muiEo 1 t awNVUUra OOtu[ uc suuM EpOf fENElRatpt.' E��oM. ovER lxeErzs i i I &I «i�MSwE,RNIEo ENMROOfWG E<OEE m— fu Ev<MRCOFwo ON<I6FAMipE EOOi Mh9 RtIG 12 uYtlt5SEE SRCJ � - R�uY',6 ,�i ?MN.Rxo� fppiVK.a�E g1SFPMSFAluu1 Malo51 Ec xRpo wsu I ursEauw 11 M naYERSSEES�E <, ; ��,aEROOf�< I E� oMwvucs FOR : AlKM ipr<�jp OfEac n doe, N�E�EE° EW�N.,`� M�o�MxGwG.<. ovERio�E�"EK'� /GIDETAIL �E 3 DETAIL DETAIL ROOF DRAIN .I Iir_I'.o• PLUMBING VENT sate I Aix• , a Q TIMBER SUPPORT 0 O O Q M+-Y c'/ U. a � 0 0 c trz = K� ( i1DETAIL 1 f 7 DOORJAMB @ INTERIOR WALL a'• I'- wi aNC ' ism RcaR wpe DETAIL � ED,x � ROE9 T DOOR JAMB @ INTERIOR WALL acxE: a'•,'-0' r1DETAIL (..I DOOR JAMB @ CMU uua: r.,•m DOOR HARDWARE SCHEDULE j� � /// HARDWARE GROUPI vEM1FAD W9Ai EoC tEO pw,aaKTtTERR tGCK § - =ARE GROI 2 R� P °�,��Dp pRaD�DDR xD�wp, xDLLDwemk ED�ER EtDWE Rte« DKE Dp„� wxe ;o ER�9t9 �E AO D OB © D °'"` mRwoO"' , io D �mso rarbNp aursNr -F Ew, DwNEp i34_a HARDWARE GROUP , � I 1 anDeotr wi�ixurs, paEwoa q � ❑ wFarxExnminNOlauamwuq p a O o mm awam- Ewi-1 �� '� HARDWARE GROUP 4 0.PF 4gV�p e/CWiFR 6DDIi FwNUfARIRFP. vw �ceD',W/ xav�caxcR OOV•s AR � M.a� E� Dove sucrsD tlABDWARE GROUPS D «, wRex>PLLC,pD.r o.WEm n p+ a�awhDEDmwPU., DDOR O © OH J� OD HARDWARE GROUP 6c "^E acrwm. ETAiL ° DOOR TYPES scut: vn•., xcrDEn,KCK DO iNDWAR GROUP NpEa<K,DHaRE: I—E CW Ea ' NA,E (mD� ED WIYI C E Cv StFVEV SntE tDClafl HARDWARE GROUP8 Ek OON SRt£ OODR ro V YSagE. EACx rD MFVF� F -7 F -2 9ppc :ERDEMDx /"1FRAME TYPES DWAREaGROUPP9 P, ERNFW pON EICOR ��iEC [o � 9¢aD6Nt4f.ID BF 9w�,E�xr9� ���ED�9wNEp, ,�rED�9w�R, EM�E DKENED,DwD x"D.�9DRr�.Em� 3 DETAIL e�i DETAIL Y77 DOOR HEAD @ SLIDING DOOR: a'•r.a• " 717 DOOR HEAD @ INTERIOR WALL scuE: r. na , �ovvsuMeaam,vam+,o aE m mwu va wo90 sws ,sEiEC,o�` ° o�ai /DETAIL xAPOxmDDRIDVpERWk �7N DOOR JAMB @ INTERIOR WALL scuE: a• -ro• a 0 \1 � i r.. W y 2 � C) } Z O J IL L Q LR DETAIL DOOR HEAD @ CMU scxE: a•• r.m R �o� co>t [o]�0� ®� ®a�oe ®�mmm � [o;t��� ®�soe���a® m co>tpp ® ®m ©o�� ■a ®�aso�� co>t ®m ®��oa��e�a smasoa�� WON trz = K� ( i1DETAIL 1 f 7 DOORJAMB @ INTERIOR WALL a'• I'- wi aNC ' ism RcaR wpe DETAIL � ED,x � ROE9 T DOOR JAMB @ INTERIOR WALL acxE: a'•,'-0' r1DETAIL (..I DOOR JAMB @ CMU uua: r.,•m DOOR HARDWARE SCHEDULE j� � /// HARDWARE GROUPI vEM1FAD W9Ai EoC tEO pw,aaKTtTERR tGCK § - =ARE GROI 2 R� P °�,��Dp pRaD�DDR xD�wp, xDLLDwemk ED�ER EtDWE Rte« DKE Dp„� wxe ;o ER�9t9 �E AO D OB © D °'"` mRwoO"' , io D �mso rarbNp aursNr -F Ew, DwNEp i34_a HARDWARE GROUP , � I 1 anDeotr wi�ixurs, paEwoa q � ❑ wFarxExnminNOlauamwuq p a O o mm awam- Ewi-1 �� '� HARDWARE GROUP 4 0.PF 4gV�p e/CWiFR 6DDIi FwNUfARIRFP. vw �ceD',W/ xav�caxcR OOV•s AR � M.a� E� Dove sucrsD tlABDWARE GROUPS D «, wRex>PLLC,pD.r o.WEm n p+ a�awhDEDmwPU., DDOR O © OH J� OD HARDWARE GROUP 6c "^E acrwm. ETAiL ° DOOR TYPES scut: vn•., xcrDEn,KCK DO iNDWAR GROUP NpEa<K,DHaRE: I—E CW Ea ' NA,E (mD� ED WIYI C E Cv StFVEV SntE tDClafl HARDWARE GROUP8 Ek OON SRt£ OODR ro V YSagE. EACx rD MFVF� F -7 F -2 9ppc :ERDEMDx /"1FRAME TYPES DWAREaGROUPP9 P, ERNFW pON EICOR ��iEC [o � 9¢aD6Nt4f.ID BF 9w�,E�xr9� ���ED�9wNEp, ,�rED�9w�R, EM�E DKENED,DwD x"D.�9DRr�.Em� 3 DETAIL e�i DETAIL Y77 DOOR HEAD @ SLIDING DOOR: a'•r.a• " 717 DOOR HEAD @ INTERIOR WALL scuE: r. na , �ovvsuMeaam,vam+,o aE m mwu va wo90 sws ,sEiEC,o�` ° o�ai /DETAIL xAPOxmDDRIDVpERWk �7N DOOR JAMB @ INTERIOR WALL scuE: a• -ro• a 0 \1 � i r.. W y 2 � C) } Z O J IL L Q LR DETAIL DOOR HEAD @ CMU scxE: a•• r.m lAN. �Cq j N CLOSET $$ 10) yDgyySqq h a nm EN u - ��� I vj G�Ryq MEN 61j' Eli ,D� PASSACE COAM TOILET ROOMS Z 6 � sEF oE, scxEOU[ TOP rvM kVIMW _ 5 7 i ie OB O O r1ON z REST 1NTERI ELEVATIO MS O 1' ll_ IL. R v cn g z Q O TOILET ACCESSORY SCHEDULE O i 4S GRAB daP O Otfl PAPErt �C6EtSER O � E� owxFn = Q z e > es O j oM CyytDnvWti ExeFv NO)E5: wA 1. PRONDE ALlaE8URE0 WALL BLOCgNG 10 MOUM RESTRJOM -MB. T. Weiser, Agent, Use 1237 Delaware- Freestanding Lighted Ground Sign (Del) (Name of Agent, Owner) (Address) - (Project) (Phone #) (775 -0104 x33) 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— q-AME 0 OWNER IJ3 I I ADDRESS r(e e k PROJECT ( DI S-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 6 o MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD AT 851-5N'4-TD- WEATHER OR NOT YOU NEED PLANNING BOARD APPROVAL-\ City of Buffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 14202 x (716)851 -4667 Fax (716)851 -5472 Report Date 09/25/2006 01:07 PM Submitted By DAVID GRUNDY Page 1 A/P # 97564 Ap}tlica#ion 1 0f I, tlon stages Date / Time By Date / Time By Processed Temp COO Issued COO Final Expires Associated Information - Valuation Type of Work # Plans 0 Declared Valuation 5500.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group - FLAT Actual Valuation 0.00 Square Footage 0.00 Name GO,IMON COUNCIL APPROVAL R (4UIRED, SECTION 387-19: PREESTANQINGSIGN. NO POIBLIC HEARING REQUIRED. ZBA APPROVAL F2ECIUIRED, SEGTION511 =#16 I1, FOR SIGN81N fi DISTRICT. PROPOSED SIGN IS A LIGHTED GROUND SIGN, TO REPLACE EXISTING LIGHTED BOARD GROUND SIGN. VARIANCE FOR SIZE. Phase # Contact ID AC 1250224 Name GUNDERMAN ANNE S Mailing Address Organization City 1237 DELAWARE AVE State /Province BUFFALO NY ZIP /PC 14209 Country Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To Contact ID AC52852 Name GUNDERMAN,ANNE S Mailing Address 1237 DELAWARE AVE Organization City BUFFALO State /Province NY ZIP /PC 14206 Country USA Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05128/2000 To 02128/2002 Contact ID AC893925 Name GUNDERMAN,ANNE S Mailing Address 1237 DELAWARE AVE Organization City BUFFALO State /Province NY ZIP /PC 14209 Country USA Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 11/25/2001 To 02/22/2005 City of Buffalo SIGNS Building Applic tion 65 Niagara Square Buffalo, NY 14202 (716)851 -4667 Fax(716)851 -5472 Roport Date 09/25/2006 01.07 PM Submitted By DAVID GRUNDY Page 3 PRIOR APPROVALS Bflo Arts Commission ❑ Arts Comm. Approval City Survey (con't) ❑ Subdivisions Permit Office ❑ Asbestos Survey ❑ Asbestos Abatement ❑ Special events ❑ Bond /Certified check ❑ Assessment Combination City Engineering Common Council Q Admin Office/A pts R4 ❑ First Insurances Check Q Public Works approval Q Curb Cuts E) Beauty Parlor R2 Q Notarized Permission/ for portable sign one year E) Encroachment Q Canopy /Marquee ROW Lease showing Use ❑ Rodent/Vermin Bait encroachment ❑ Oversize Trucking ® Freestanding Sign Q Sewer/Water Cut Q Sewer Retention ❑ Plumbers' Cuts Q Human Service Facility El Simple Demolition ❑Telecommunication El Street Cuts Q Portable Sign in ROW Q Simple Plan Approval El over 4" at 4' City Planning ❑ Restricted Use Permit El Other Q Zoning /Use Check El Citywide Site Plan E) Thruway Sign approval ❑ Subdivisions Environmental Review Preservation Board E) Preservation District El Zoning Variance E) Urban Renewal El S.E.Q.R.A. Q N.E.P.A. Q Contiguous Check City Survey ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑ Water Retention No Conditions No Employee Entries No Log Entries 6" 3 -1/2" — -- — — — — — — — — — — — 6 " r Scale 1" = 14" 4" Revised: 09/19 /06 kec Mounting: 48" Direct Embed in Concrete 9" 48" 40" 96" — -- -------------------- — -- — — — — — — — — — — — r r Scale 1" = 14" � Revised: 09/19 /06 kec Mounting: 48" Direct Embed in Concrete — -- -------------------- a — I I I � i — — — — — — — Electric Feed - - — — — — — 1.4 amps @120 Volts 12" 18000 PSI Concrete Top View Header Background VPS 5013 Satin Aluminum (SP) ITC Avant Garde Demi 3M 280 -85 Black Reflective (SLTV) ITC Avant Garde Demi 7/8" x 55" Rule Line White Back -lit Graphics 114" Gusset Plate / Weld to Frame 8 Mounting Tube 2 Square Tube Welded to Frame and Post 2 x 91 -3/4" Base Reveal SC -905 Black (SP) _ I 3 "x3 "x1/8" Square Tube a sia , modulex ASI- Modulex /Buffalo 2957 Alt Boulevard Grand island, NY 14072 graphics.buffalo @asimodulex.com Project: Main ID Double -sided illuminated aluminum sign cabinet (Series 12 Hingeable with Bleed Retainer) with .090 routed aluminum faces with translucent plexiglass backing. (3) T12 CWHO 96" Lamps Electrical Requirements: 120 Volt; Final electric hook up by others Scale 1" = 14" Client: 1237 Delaware Revised: 09/19 /06 kec Mounting: 48" Direct Embed in Concrete 3 6 R. Santoro, Agent, Use 847 Main St.- Ground Sign (Ell) (Name of Agent, Owner) (Address) - (Project) (Phone #) (895 -8875) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD ANTI' � 6 V lo, &7 & NAME OF AGENT /OWNER ADDRESS PROJECT 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 f0o10j� MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD AT 851 -M8t TO DETERMINE WEATHER OR NOT YOU NEED PLANNING BOARD APPROVAL City of Buffalo SIGNS Building Application 65 Niagara Square r s Buffalo, NY 14202 (716)851 -4667 Fax (716)851 -5472 (J Report Date 09/26/2006 12:54 PM Subm By JAMES CARR P age 1 A/P # 97600 Date / Time By Date / Time By Processed 09/26/2006 12:50 CARRJ Temp COO Issued COO Final Expires i Inf rmatinn V Type of Work # Plans 0 Declared Valuation 3900.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name D r' i n f A, — INFORMAL PLANS FILED — COMMON COUNCIL APPROVAL REQUIRED- 387 -19 FREE STANDING SIGN, NO PUBLIC HEARING REQUIRED, NO FEE REQUIRED A GROUND SIGN, 4' X 9', NON - ILLUMINATED, TO READ "SMART PILL" AND MORE. NO STRUCTURAL CHANGES TO A 1 STORY MASONRY OFFICE BUILDING Parent A/P # Project # Project/Phase Name Phase # Size/Area Size Description Address 847 MAIN Location Contact ID AC1067652 Name 847 MAIN STREET,LLC Mailing Address 4 CENTER DRIVE Organization City ORCHARD PARK State/Province NY ZIP/PC 14127 Country USA Day Phone (716)882 -0701 x118 Evening Phone Fax Mobile # No Addresses are linked to this Application Q Foreign No Addresses are linked to this Application 1112300001003100 No Parcels are linked to this Application C�4 City of Buffalo SIGNS Building Application 65 Niagara Square '`1 Buffalo, NY 14202 (716)851 -4667 Fax (716)851 -5472 v FA t Report Date 09/26/200612:54 PM S ubmitted By JAMES CARR P` ge 3 Ask M _, xoma: mstenor - - 7'AIEf1/16 WOU0104Mi . Sp !u . W . 1W . IL Sp- pro '71 �� I.i,w Yi,�tii H. � N:9r CkT, "�• 2,.' �.� ".vY,T3. \. \ x i PAWW41P.VDENT .. r iv v t v amssACC - u .s. " v�wve r e�Ww } soa >r ol \ * y s e[ VAT oat ra mesa ,n �� �oYr v�vm rd i sw e � �onwm ar v Y va�is n • so�ian s p 0 E� crz s+ � .rr. d B > i eZe'�e gMW 4 KPOISiEB aJ lU0 �.Y. s B � B _ _ JE • we r m A 1 M S T R f w V I -0.' ` a ems At I g ss� i eRW rvv 3 m YM D u�ne� t Mal O SITE DATA REQUIREMENTS xoma: mstenor - � ceea..f 1MraW 7'AIEf1/16 WOU0104Mi . Sp !u . W . 1W . IL Sp- pro '71 S1rL ACIICAGC . I.i,w Yi,�tii H. ia/annAl' SSit 93AOU N. . PAWW41P.VDENT .. dA7R a1 amssACC - u .s. 7.p1s .r. � Pro}et AYx Jn SCOIK ea... ,... _ '. ,... _ 4' GRADE 4' DEEP CONCRETE FOUNDATION ZS CUT OUT OF 1/4" ALUMINUM a STRUCTURAL ALUMINUM FACE MATERIAL.125 GRAYALUMINUM Client Approval: Date: [Da=twq-22-2oo6 Page: 1111-min. Project Welded Frame JWRocco T. WE LAWFULLY DECLARE THAT ALL ORIGINAL INTELLECTUAL PROPERTY SHOWN SHALL REMAIN OUR PROPERTY EXCLUSIVELY UNLESS AND UNTIL IT IS TRANSFERRED TO THE CLIENT UPON ACCEPTANCE AND COMPLETION S HED PROJEC BREACH OF THIS LAWFUL DECLARATION SHALL ENTITLE US TO LEGAL, ART, COLLECTION AND ADMINISTRATION FEES. IN CONSIDERATION, WE AGREE To PRUDENTLY PROTECT ALL INTELLECTUAL PROPERTY FUR BY CI IENT I Scale- 1 /2"=1 I Designer: Kcra Caldwell Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only . .......n.�.. ire 2% .....,.. imcarl by enniir_ant nr Prniect snonsor) PAK I I - rlwdCao r n.r.rr....., ...,.. ... _- - - - -- - -- 1. APPLICANT/SPONSOR I PROJECT NAME 3. PROJECT LOCATION: 4. PRECISE LOCATION (Street address and road 100msai(ns, Pra *WM Ism, dc-, or Pry nOP) (r' ( k 6 5 PROPOSED ACTION IS: 6. DESCRIBE PROJECT BRIEFLY: fl 7. AMOUNT OF LAN AFFECTED: M6IatlY '. acres UNkn dw acros 6. WILLPROPOS D Al ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑ Yes No If No, describe briek l,� ° � .. C 5 �f l/ti 0- L(! f 6. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? .pidentiel ❑ kidusbW ❑ Agriailure ❑ ParWForeWOpen Space ❑ Other Desodbir 10. DOES ACTION INVOLVE A PERMIY ARPROVAI; I: R PUNDING; NOW C)R UC'TII�ITLYTAOM ANY OTHER: GOVERNMENTAL' "J�►OEN -f (FEDERAL, STATE OR LOCAL)? ❑ Yes . No If Yes, Nd agency(s) name and Perrnitlapprovais: 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? D Yes 0 No If Yes, Id agMy(s) nwm and pwffA aPPmvals: 12.: AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT /APPROVALREGUIRE MODIFICATION? Yes I CERTIFY E INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE W o c 4. J '� !� r %2 G Data: - Appk*d/spon name. If the action is in the Coastal Area, and you are a state agency, complete the nacta� Assessment F proceeding with is assessment OVER r-" ;ty R. Santoro, Agent, Use 187 Southside- Ground Sign (South) (Name of Agent, Owner) (Address) - (Project) (Phone #) (895 -8875) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD A �S --Ga NA OF kGENbOWNER �A ADDRESS PROJEC 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 / d1l olo 6 MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD AT 851-nft TO DETERMINE WEATHER OR NOT YOU NEED PLANNING BOARD APPROVAL City of Buffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4-567 Fax (716)851 -5472 # Report Date 09/26/200612:31 PM Submitted By JAMES CARR Page 1 A/P # 97598 ages Date / Time By Date / Time By Processed 09/26/2006 12:06 CARRJ Temp COO Issued COO Final Expires Associated Information----- I i n Type of Work # Plans 0 Declared Valuation 3255.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name Description of Work ** *INFORMAL PLANS REQUIRED * * *ZBA APPROVAL REQUIRED FOR SIGN IN A RESIDENTIAL DISTRICT. 511- 8F2 * * *, COMMON COUNCIL APPROVAL REQUIRED FOR FREE STANDING SIGN 387.19, * ** NO PUBLIC HEARING REQUIRFED, NO FEE REQUIRED PLACE A GROUND SIGN, 4' X 8', TOTAL' HEIGHT 6', NON - ILLUMINATED, TO READ "GOOD SHEPHERD" AND MORE. NO STRUCTURAL CHANGES TOA 1 STORY MASONRY CHURCH Project/Phase Name Size Description Contact ID AC98538 Name CHURCH OF BFLO GOOD SHEPHERD BAPTIST Mailing Address 185 SOUTSIDE Organization City BUFFALO State/Province NY ZIP/PC 14220 Country USA Day Phone (716)824 -4112 x Evening Phone Fax Mobile # No Addresses are linked to this Application Phase # O Foreign City,of El'Iffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -?667 Fax (716)851-5472 Report Date 09/26/200612:31 PM Submitted By JAMES CARR Page 3 DEMENTIONS AND INTALLATION DRAWING FOR NON - ALUMINATED SIGN ME c y YC g,2 AND !A1fjRXf TO ANY AILLARD & MACKAY LA NR SLAWLYORS BUFFAIX), NEW YORK 6 31-- - 14 0 h "I v I Od 11, k! 10 hVA rVA um r AO a So Al l I a , KIPP W! 11 'WHF MMEYAK PART Of I W STRFET ADOMS: W S cfn OF 11 y- ITWV HUI a W� pum"I u haW K" MAW 1 I( Ar.;Jf 1 AH AO mv! j, 4 ti o�n HI p 5 0 VAN s ty A4a r. � "0101 '5 4 C; « J� 3% YC g,2 AND !A1fjRXf TO ANY AILLARD & MACKAY LA NR SLAWLYORS BUFFAIX), NEW YORK 6 31-- - 14 0 h "I v I Od 11, k! 10 hVA rVA um r AO a So Al l I a , KIPP W! 11 'WHF MMEYAK PART Of I W STRFET ADOMS: W S cfn OF 11 y- ^ ?, G CITY Anthony M. Masi -m Ma y or - - DPIS 5/02 ERVICES Raymond K. McGurn, Commissioner Date Filed [ �> 20 6 Appeal from the Decision of the Department of Permit and Inspection Services To the Board of A ppeals: An appeal is hereby taken. from the decision of the Commissioner of Permit and Inspection Services 5( 76 20 0 a copy of which is attached, for the purpose of reversing or modifying said decision' to affect a variation, from the requirements of the Zoning Ordinance, so as to permit the: i r f e�ctt'on, Extension, Alteration, Conversion, Use of L 6 in accordance with the application and plans filed with the Commissioner of Permit and Inspection Services, as herein below described: No. S is 5 t 0 Ave. /St. on North/Sou est side of said ,Ave. /St. Distant j3 . 3—Ft. o outh/East/West of Av . /St. (A Name of Appellant EGG/ ( t - :4 V 6� 6 ( - Address � P) N - z z Name of Owner 6 0 0 42 t�(L, 0 0 OAA C Address ( �r � t) Size of Lot F t. front x . dee irregular see. Front yard to be _ j ft. Side yard to be ft. Dep th of Rear yard to be ft. width of Side vard.to be ft. CHARACTER AND USE EXISTING BUILDING PROPOSED BUS] G Size of Building ft. front x ft.deep ft. front x ft. deep Height ft. i . stories ft.. stories Character of Construction Frame Slow- Burning Brick, etc. Fireproof : Frame Slow Burning Brick re r etc. Fioof Are there any private restrictions as to uses and yards, setbacks or building lines on this property? so attach copy) Zoned as Hasthere been any previous appeal to this Board for these premises? If sc, when and further, if so, is there now any new evidence to Be submitted which could not be presented at the previous hearing? . Attached hereto and made a part of this appeal, are submitted all papers as required. STATE OF NEW YORK COUNTY OF BRIE ss. CITY OF BUFFALOS .Al" j IQ - = being duty sworn, hereby deposes and says that he has read a!1 the above statements and kytoiws the contents thereof and that the same are true to the best of h information and Subscribed and sworn to bore me this f ctary Public) �AT1TP��9n� inn �n�n J. Kawczynski, Agent, Use 976 Broadway- Ground Sign (Fillmore) (Name of Agent, Owner) (Address) - (Project) (Phone #) (677 -0192) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD _ nnuu•�ri- •- ....�wu+nrTitTCFi (, l NAME OF AGENT' /OWNS PROJECT 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-f86frTO DETERMINE WEATHER OR NOT YOU NEED PLANNING BOARD APPROVAL J City of Buffalo / y SIGNS Building Application 65 Niagara Square t ! C Buffalo, NY 14202 (716)851 -4667 Fax (716)851 -5472 Repo Date 09/27/2 11:22 AM Submitted By JAMES CARR Page 1 A/P # 97642 Date / Time By Date / Time By Processed 09/27/2006 11:19 CARRJ Temp COO Issued COO Final Expires Assoc iated Information — __ __ __.. _ ___- n Type of Work # Plans 0 Declared Valuation 5200.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name Descript of Wr — INFORMAL PLANS REQUIRED COUNCILAPPROVAL REQUIRED PUBLIC HEARING REQUIRED, NO FEE REQUIRED. PLACE A GROUND SIGN 60" HIGH, 40" WIDE, 78" HIGH INCLUDNING BASE. SIGN TO READ 'BROADWAY MARKET" AND MORE. NON - ILLUMINATED 976 BROADWAY AKA 970 BROADWAY (NOTE - SIGN IS FOR BROADWAY AREA BUSINESS ASSOC. SIGNED LANDOWNER PERMISSION REQUIRED. URBAN RENEWAL AREA, BURA APROVAL REQUIRED. Parent A/P # Project # Project/Phase Name Phase # Size/Area Size Description Address 976 BROADWAY 14212- Location Contact ID AC1244236 Name C/O D & K STORES DWECK DOROTHY Mailing Address Organization City 235 MAPLEWOOD AVE. StatelProvince OAKHURST, NJ ZIP/PC 07755 Country Q Foreign Day Phone (732)869 -0015 x Evening Phone Fax Mobile # No Addresses are linked to this Application A!P Linked �td�lres No Addresses are linked to this Application 1113600004031000 No Parcels are linked to this Application _ ......................... City of Buffalo SIGNS Building Application 65 Niagara Square , Buffalo, NY 14202 (716)851 -4667 Fax(716)851 -5472 Report Date 09/27/2006 11:22 AM Submitted By JAMES CARR Page 3 scale I" = T concrete foundation 48' deep W 40" PROPOSED SIGN LOCATION 970 Broadway, Buffalo 14212 Corner of Broadway & Fillmore Inside triangular patch of grass area 1 u 489 Center 0 , 4 West eneca, NY 14224 Phone /Fax: 677 -0192 TO: FROM: Jude Kawczynski phone /fax 716 -677 -0192 DATE: 9 -25 -2006 PAGES: RE.: Broadway Market Viallage Sign PROJECT DESCRIPTION - Architectural style aluminum extrusion /panel sign (similar to park signs) 60" H x 40" L x 9" W with arched top; Painted forest green; High performance vinyl lettering /graphics on both sides; Clear graffiti resistant coating - Brick/concrete foundation with slab top; Above ground portion: 18" H x 48" L x 18" W; Below ground portion: poured concrete 48" deep - Sign secured to slab top with expansion bolts (hidden) Regular Committees 1. 3 CLAIMS (Michael P. Kearns, Chairman) Personal Injury That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be comprised and settled: A. 1. Ronetta Wilkerson P/N /G Antonio D. Perez v. City of Buffalo $ 5,000.00 A. 2. Nikkia Blaylock v. City of Buffalo $ 22,500.00 A. 3. Patricia Livingston v. City of Buffalo $ 5,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed 3 Recommended by the Committee on Claims Chairman AI-A3 *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL T T THOMPSON ------------- [MAJ- 5] 9 0 f 2/3 61 3/4 7 1 A. 4. Joseph Shields v. City of Buffalo That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That a check in the amount of $6,000.00 be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed J rN Ak (IF *AYE* NO .1* BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [MAJ- 5] f 2/3 61 [ 3/4 71 5 y Property Damage That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 1. Booth, Justin, 103 Prospect Avenue, Buffalo 14201 $123.86 B. 2. Colpoys, Donald, 177 Hedstrom Dr., Amherst, NY 14226 $161.22 B. 3. Grigsby, Shirley, 98 Folger Street, Buffalo, NY 14220 $884.57 B. 4. Herman, Joy A., 8 Rainbow Park, Ransomville, NY 14131 $ 18.48 B. 5. Palumbo, Dino L., 331 Davey Street, Buffalo, NY $202.08 B. 6. Sobocinski, Lawrence, 345 Gold Street, Buffalo, NY 14206 $161.11 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [MAJ- 5) 9 o [2/3 61 [ 3/4 7 j Miscellaneous Reimbursements That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: C. 1. Casey, Anthony, 346 Longnecker Street, Buffalo, NY 14206 $ 50.00 C. 2. Sell, Randall, 104 Duerstein Street, Buffalo, NY 14210 $1 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims 'Chairman C/-C2 *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON --- --------- [MAJ- 5] 9 0 f 2/3 - 61 [ 3/4 - 71 D. 1. Loss Transfer Claim by State Farm Insurance Company for no -fault payments arising out of motor vehicle accident involving their insured, Margaret A. King -Reen That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved; That a check in the amount of $33,168.16 be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims Chairman r� � C *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK w GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [-------- -- - - -J [MAJ- 51 9 o 2/3 61 3/4 7J E. 1. Permian Properties NY, Inc., c/o Cappuccitti, Michael, 2316 Delaware Avenue #163, Buffalo, NY 14216 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved; That a check in the amount of $560.00 be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims Chairman t:\wp60\jnsword\nnv\9-27-06cimcomm.doc *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON --- ------ - - [MAJ- 5] 9 [2/3 6] f 3/4 7 1 CIVIL SERVICE (Bonnie E. Russell, Chairperson) d-. 1m( Appointment Resources Development Technician (Inter) (Compt) (Item No. 5 -Sept. 19, 2006) That Communication 5, Sept. 19, 2006 be received and filed and the provisional appointment of Leonardo Tempestoso Jr. stated above at the intermediate starting salary of $44,830.00 effective on September 11, 2006 is hereby approved. PASSED Recommended by the Committee on Civil Service � XN V�\ , , �,�M Chairperson *AYE* NO BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * THOMPSON ---------- [ MAJ - 51 . * g p [2!3 - 6] [ 314 - 7 4 F E Appointment Pumping Plant Operator (Max) (PW) (Item No. 24 -Sept. 19, 2006) That Communication 24, Sept. 19, 2006 be received and filed and the temporary promotion of William Appenheimer stated above at the maximum starting salary of $42,289.00 effective on September 11, 2006 is hereby approved. PASSED Recommended by the Committee on Civil Service mu F-� Chairperson *AYE* NO BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * RUSSELL * THOMPSON [-------- - - - - -] [MAJ- 5] g p [ 2/3 - 61 [ 314 - 71 1 Appt.- Detective (Max) (Pol) (#26, 9/19) That the above item be, and the same hereby is received and filed. ADOPTED S Recommended by the Committee on Civil Service 3 l� Appointment Motor Equip. Maintenance Supv. I (Inter) (Pol) (Item No. 27 -Sept. 19, 2006) That Communication 27, Sept. 19, 2006 be received and filed and the intermediate promotion of John Sheely stated above at the intermediate starting salary of $33,094.00 effective on August 24, 2006 is hereby approved. PASSED Recommended by the Committee on Civil Service &OML� (3 - Chairperson 4 *AYE* NO BONIFACIO DAVIS * * * * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * THOMPSON * [-------- - - - - -] [ MAJ - 5 ] . * 9 p [213 - 6] [ 3/4 - 7 ] i t 4 L k Notices of Appt- Temp. /Prov. /Perm. (C. CIL) ( #41, 9/19) That the above item be, and the same hereby is received and filed. ADOPTED Recommended by the Committee on Civil Service Budget and Personnel Amendment 20- Department of Police 1100 — Commissioner of Police (Item No. 132, C.C.P., Sept. 19, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Russell moved: That the Budget and Personnel Amendment as contained in Item No. 132, C.C.P., September 19, 2006 be and the same hereby is approved. Passed Recommended by the Committee on Civil Service Chairman PJS:rmv t:wp60\mword \rmv \budgete.doc 3 s� Q i 7 *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [-------- - - - - -I [MAJ - 51 9 o 2/3 61 3/4 7 1 � R. Coniglio -Req. Payment of Vacation Days ( 01, 7/25) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Civil Service 7 J ►_ (Brian C. Davis, Chairman) J Setting Aside 1 St Day of In Rem 40 Foreclosure Auction for First Time Buyers (Assess /Tax) ( #6, 9/19) That the above item be, and the same hereby is received and filed. . K*• Recommended by the Committee on Finance Report of Bids — City Wide Sidewalk Replacement — 2006 Group #658 (Item No. 8, C.C.P., Sept. 19, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved- That e ooriimissioner of Pu orks, Parks and Streets, be nd he hereby is authorize o aw rd a contract for Wi e Sidewal ep ceme — 2006, Group #658, to P & J onst ' tion Co., the est r p nsible der, in he mount of $ 4.00 ($1,10 ,740 0 ase Bid + o unit pri ncr se $110,87 .00 = Tot ward $1,2 ,614:00). Funds the project are ailable in ita r ' t Accounts #39 11106 &3 6. Recommended by the Committee on Finance Chairman PJS:rmv t: \wp60\msword\rmv \8c9- 19c.doc Mr. Davis moved that the above item be recommitted to the Committee on Finance. ADOPTED. s Change in Contract — City Hall Surveillance System — Job #0549 (Item No. 17, C.C.P., Sept. 19, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to U & S Services, an increase in the amount of $32,069.00, as more fully described in the above communication, for work relating to Job No. 0549, City Hall Surveillance System, C #92011125. Funds for this project are being completely paid for with Federal Homeland Security funds from UASI Yea 2 Grant, Account #24080467 — 474100, Project ID #10222. " !L ' Ij � Passed. ( = i( Recommended by the Committee on Finance PJS:rmv tAwp60\msword\rmv \17c9- 19c.doc C - f S Chairman *AYE* NO BONFACIO .-DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THONWSON ------------- [MAJ - 5] ------- 0 '9 --------------- [2/3 6] 3/4 7] � o Grass Cutting Invoice Transfers (Item No. 20, C.C.P., Sept. 19, 2006) That the invoices as attached to the above communication be abated from miscellaneous accounts receivable and that the Commissioner of Assessment and Taxation be, and she hereby is authorized to place the charge(s) on the Local tax rolls for the 2006 Total in the amount of $35,650.00. Passed. Recommended by the Committee on Finance PJS:rmv Chairman T : \wp60\msword \:rmv\2Oc9- 19c.doc * *AYE �4 � BONEFACIO * * * - * * * * * * _ FONTANA * * * _ * * * FRANCZYK * * * _ * * * GOLOMBEK * * * _ * * * YEARNS * * * _ * * LOCURTO * * * * * * RUSSELL * * * * * * THONWSON * * * * * * - * * [I��^J- 5 l � * � ' - - - - [2/3 - 6 ] * * * [ �/4 - 7 l . ' - - , t t is f i Lease — Kleinhans Music Hall (Item No. 21, C.C.P., Sept. 19, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. D is moved: at the ity of Buffalo is here author zed to extend its lease with the Kleinh ns Music all Management orporation for one year acco ' g all previously autho zed terms nd conditions hat the Mayo be, and he eby is auth ized to exec - to an agree nt as dra d by the Departm t of Pu c Works, Parks a Streets and ivision of Rea te. ed Recommended by the Committee on Finance ' Chairman PJS:rmv TAwp60 \msword \rmv\21 6- 19c.doc 7e -0 7 I a_ 3 Mr. Davis moved that the above item be recommitted to the Committee on Finance. ADOPTED. 1 � L. Kelly -Req. Old First Ward Comm. Ctr.- Neighborhood Food Pantry - 62 Republic ( #43,9/19) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Finance 4 t I � 0 Q in I , - e < � 0 City Owned Vehicle Inscription -Sec. 348-Charter/Ord. Of COB (Fire) (#73,9/19) (#36, 7/25) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Finance iy B. Davis -C. Wilkins -Req. Change of Lots - Jefferson Ave. - First Calvery Miss. Baptist Church ( #49,7/11) That the above item be, and the same hereby is received and filed. • ti' � Recommended by the Committee on Finance �5 V i" )1" 1 '_. User Fee Arrears -278 Brinkman (PW) ( #25,5/30) ( #75,6/27) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Finance f Prov. Prop. Tax relief for Owner Occupied Non- Homestead Properties (# 109,4/4) ( #77,2/7),( #8,12/27) That the above item be, and the same hereby is received and filed. Recommended by the Committee on Finance v o c t Setting Aside 1 St Day In -Rem 40 Foreclosure Auction -Just for 1 St Time Buyers ( #128,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Finance is 'r Model Quality of Life Center (Pol) ( #43,915) That the above item be, and the same hereby is referred to the Special Committee on Budget. ADOPTED. Recommended by the Committee on Finance C.O.P.S. Information (Exc. 1 & 2" Res) (# 147,414) That the above item be, and the same hereby is referred to the Special Committee on Budget. Recommended by the Committee on Finance a�) i j 1d LEGISLATION (Richard A. Fontana, Chairman) Ordinance Amendment - Chapter 511 — Zoning (Use Permit) (Item No. 121, C.C.P., Sept. 19, 2006) That after the hearing before the Committee on Legislation on September 26, 2006, the Ordinance Amendment as contained in Item No. 121, C.C.P., September 19, 2006, be and the same hereby is approved. Passed Recommended by the Committee on Legislation Chairman PJS:rmv T: \wp60\msword\rmv \121 6- 19c.doc z� y *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * RUSSELL * THOMPSON * [-------- - - - - -] [MAJ- 5] * 9 * 0 [ 2/3 - 6 [3/4 - 7] GML 239 -m for COB Ord. Amend. -Zng. -Use Permit Req. for Hum. Svs. Fac. (Law) (#28,9/19) That the above item be, and the same hereby is received and filed. r•� r Recommended b the Committee on Legislation Y g �a rr Lindelow & O -Opp. To 511 Ordinance ( #51,9/19) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended b the Committee on L �I 's y L e gislation 9 J J 23 M. Mancuso, Petition to Use 1001 Main Street — Ground Sign (Item No. 46, C.C.P., Sept. 19, 2006) That after the public hearing before the Committee on Legislation on September 26, 2006, the petition of M. Mancuso, agent, for permission to use 1001 Main Street for a ground sign be, and hereby is approved. Passed. Recommended by the Committee on Legislation !ICI , ► '► _. _. Chairman PJS:rmv t : \wp60\msword \:rmv \46c9- 19c.doc 1y mot *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * RUSSELL THOMPSON [-------- - - - - -J [MAJ- 51 * 9 * 0 [ 2/3 - 6 ] [3/4 - 7] 0 J. Manno, Petition to Use 3144 a/k/a 3148 Main Street — Outdoor Patios /Accessory (Item No. 47, C.C.P., Sept. 19, 2006) That after the public hearing before the Committee on Legislation on September 26, 2006, the petition of J. Manno, agent, for permission to use 3144 a/k/a 3148 Main Street to install outdoor patios 32' x 5' and 22' x 5 accessory to a tavern be, and hereby is approved with the conditions that no more than 50 patrons be allowed on the patio and that the owner add 2 -3 security guards depending on the night. Passed. Recommended by the Committee on Legislation Chairman PJS:rmv t:\wp60\msword\:rmv\47c9-19c.doc �i.. l *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON (-------- - - - - -J [MAJ- S] * g * 0 [ 2/3 - 61 [ 3/4 - 7 ] D. Pawlik, Petition to Use 658 Ohio Street — Warehouse Addition (Item No. 48, C.C.P., Sept. 19, 2006) That after the public hearing before the Committee on Legislation on September 26, 2006, the petition of D. Pawlik, agent, for permission to use 658 Ohio Street to erect a one story steel warehouse /manufacturing addition 100' x 200' to an existing manufacturing facility "rigidized metals" be, and hereby is approved. Passed. Recommended by the Committee on Legislation PJS:rmv t : \wp60\msword\:nnv \48c9- 19c.doe Chairman f n r 1 *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [-------- - - - - -] [MAJ- 5] 9 * 0 [ 2/3 - 6 [ 3/4 - 7 A " Y�F4 B. Kufel, Petition to Use 260 Eggert — Ground Sign (Item No. 49, C.C.P., Sept. 19, 2006) That after the public hearing before the Committee on Legislation on September 26, 2006, the petition of B. Kufel, agent, for permission to use 260 Eggert for a 4' by 8' wide ground sign at the front to a church be, and hereby is approved. Passed. Recommended by the Committee on Legislation Chairman PJS:rmv t : \wp60\msword \:rmv \49c9- 19c.doc 2� r *AYE* NO * BONIFACIO DAVIS * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * RUSSELL * THOMPSON [-------- - - - - -j [ MAJ - 5 ] * 9 * 0 [ 2/3 - 61 [ 3/4 - 7 ] J. Goetz, Petition to Use 244 Allen (a/k/a 242, 244 & 246 Allen) Sit -in Restaurant (Item No. 100, C.C.P., Sept. 5, 2006) (Item No. 81, C.C.P., Sept. 19, 2006) That after the public hearing before the Committee on Legislation on September 12, 2006, the petition of J. Goetz, agent, for permission to use 244 Allen (a/k/a 242, 244 & 246 Allen) for a sit -in restaurant be, and hereby is approved. Passed. Recommended by the Committee on Legislation r ;� 4 .0 � Chairman PJS:rmv t : \wp60\msword \:rmv \100c9- 5c.doc *AYE* NO BONIFACIO DAVIS FONTANA FRANCZYK * GOLOMBEK KEARNS LOCURTO * RUSSELL * THOMPSON * -------- - - - - -] [ MAJ - 51 * 9 * Q f 21 - 6] [ 314 - 71 ,i r t: M. Sanders, Agt., Use 224 Allen -Sit In Rest /Outdoor Patio (Ell) (Hrg. 9/12) ( #82,9/19) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation �J c� J. Leone -260 Allen St. -The Proposal ( #44,9/19) That the above item be, and the same hereby is received and filed. ADOPTED. Recommen i c dcd by the Committee �n Legislation 3u f' B. Davis -D. Ellis -Days Pkg. Blk. Club- Comments -260 Allen St.- Restricted Use Permit ( #42,9/19) That the above item be, and the same hereby is received and filed. Recommended by the Committee on Legislation 0 ` 0' - 0 IT €. K. Mosgeller, N. Pearl St. Blk. Club- Complaints -Allen St. Businesses ( #45,9/19) That the above item be, and the same hereby is received and filed. Recommended by the Committee on Legislation_ 3a' r s K. Mosgeller & O. -N. Pearl St. Blk. Club - Concerns -Allen St. Businesses ( #50,9/19) That the above item be, and the same hereby is received and filed. Recommended by the Committee on Legislation 33 ) ) i(I �7 _J Ord. Amend.- Chapter 235 -Haz. Materials & Wastes (PW) ( #22,9/19) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation 3y Ordinance Amendment - Chapter 387 — Signs (Item No. 122, C.C.P., Sept. 19, 2006) That after the hearing before the Committee on Legislation on September 26, 2006, the Ordinance Amendment as contained in Item No. 122, C.C.P., September 19, 2006, be and the same hereby is approved. Passed Recommended by the Committee on Legislation :iJ�'F� a Me MM PJS:rmv T:\wp60\msword\rmv\122c9-19c.doc I - J I f' *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [ ------------- ] [MAJ- 5] * 9 * 0 [ 2/3 - 61 [ 3/4 - 7 ] " Y Y Y.4' A I. f r ,a ; Local Law Intro. No. 16 (2006) Department of Police (Chiefs) (Item No. 133, C.C.P., Sept. 19, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on September 26, 2006, the Local Law as contained in Item No. 133, C.C.P., September 19, 2006, be and the same hereby is approved. Passed. L t i .r Recommended by the Committee on Legislation I Chairman PJS:rmv T:\wp60\msword\rmv\133c9-19c.doc 3 �' �2� - *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [-- ----------- ] [ MAJ - 5 ] * g * p [ 2/3 - 6 ] * # [ 3/4 - 7 J. Leone, Petition to Use 260 Allen — Restaurant (Item No. 89, C.C.P., July 25, 2006) That after the public hearing before the Committee on Legislation on September 12, 2006, the petition of J. Leone, agent, for permission to use 260 Allen Street for a restaurant be, and hereby is denied. r Recommended by the Committee on Legislation Chairman PJS:rmv t : \wp60\msword \:rmv \89c7- 25c.doc t 3 -/ R. Sasala, Petition to use 253 Allen — Sit -in Restaurant /Outdoor Cafe (Item No. 90, C.C.P., July 25, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That'fte e pu lic heari, fore the Committee on Legislation on Septerxber ,- ; 2006, t tit' oi of R. sala, a en en—m§ to use 253 Allen Street for s' -in restau n �utdooT cafe 0" x 5' n h icap p to laced at th fi nt �` he building e, an ereby is approved. 3 Recommended by the Committee on Legislation r `� Chairman PJS:rmv t:\wp60\rnsword\:rmv\9Oc7-25c.doe _ 0 D. Mika, Petition to Use 1250 Clinton — Ground Sign (Item No. 102, C.C.P., Sept. 5, 2006) That the petition of D. Mika, agent, for permission to use 1250 Clinton for a 4' x 6' non - illuminated ground sign be, and hereby is approved. Passed. Recommended by the Committee on Legislation Chairman PJS:rmv t: \wp60\msword \:rmv\ 1020- 5c.doc �) 1 *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [ ------------- ] [MAJ- 51 g p [ 2/3 - 61 [ 3/4 - 7 ] D. Mika, Petition to Use 1437 Clinton — Ground Sign (Item No. 103, C.C.P., Sept. 5, 2006) That the petition of D. Mika, agent, for permission to use 1437 Clinton for a 4' x 6' non - illuminated ground sign be, and hereby is approved. Passed. Recommended by the Committee on Legislation d Chairman PJS:rmv t : \wp60\msword \:rmv \103c9- 5c.doc �- C-) s I t t' r *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [-------- - - - - -] [MAJ— 51 * 9 * 0 [ 2/3 — 6 ] [ 3/4 — 71 D. Mika, Petition to Use 939 Delaware Avenue — Ground Sign (Item No. 104, C.C.P., Sept. 5, 2006) That the petition of D. Mika, agent, for permission to use 939 Delaware Avenue for a 2.5 x 4 ground sign be, and hereby is approved. Passed. Recommended by the Committee on Legislation ic- rcxl-O Chairman PJS:rmv tAwp60\ nsword \:rmv \1046- 5c.doc a *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * i THOMPSON [-------- - - - - -] [MAJ- 5] g 0 [ 2/3 - 61 [ 3/4 - 71 r' Increase Max Fine for Illegal Dumping to $2,500.00 ( #163,7/25) That the above item be, and the same hereby is received and filed. Recommended by the Committee on Legislation y 4 f i ` Ord. Amendment- Chapter 235 -Haz. Materials & Wastes ( #127,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation " ~` Ordinance Amendment - Chapter 372 — Bouncer Law (Item No. 112, C.C.P., Sept. 5, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. ��• � Iic hearing the same, the Co mittee on Legislation 42.'._� 1 '.... T ment as �a����a =1�Y o. 112, C.C.P., = Recommended by the Committee on Legislation 1 ` 0 � P9CxS Chairman PJS:rmv TAwp60\msword\rmv \1 126 -5 c.doc q (-/ A0.0i.� Capital Improvements Budget Process -Req. for Submissions, etc. (Str. Pl.) (# 10,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation 1 9s�- } Appointment Special Events Coordinator (Item No. 2, C.C.P., Sept. 5, 2006) That the appointment of Susan Gonzalez, as Special Events Coordinator be, and hereby is approved. Passed Recommended by the Committee on Legislation t Chairman PJS:rmv tAwp60\msword\rmv\2c9- 5c.doc J � *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON (-------- - - - - -] [ MAJ - 5 g 0 [ 2/3 - 61 [ 3/4 - 7 ] I It 0 '01 Appts. -Preservation Board (CP) 17,9/5) That the above item be, and the same hereby is re ADOPTED. Recommended by the Committee on Legislation C" t %-, 1!" 0 r") 1 "'2 �_' Length of Time Permissible -Hang Banner in COB (Exc. 1 st Res) (# 13 8,4/4) ( #134,7/25) That the above item be, and the same hereby is received and filed. �r•► r Recommended by the Committee on Legislation cr. `I S Side Street Speed Limit ( #110,5/30) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation 6 s , q Ci Side Street Speed Limit (PW) ( #45,6/13) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation Ord. Amendment Chapter 265 Property Managers (#112,5/30) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended b the Committee on Legislation ' Y g -5-1 r Demolition by Neglect (Law) (#26,1/24) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation_ i _ Demolition by Neglect (2" Res. Only) (#129,4/19) That the above item be, and the same hereby is received and filed. FRIV Recommended by the Committee on Legislation , t 53 Req. SLA to Revoke Liq. Lic. Of Problem Drinking Est Whose Lic. Were Revoked for Illegal Activity (#100,11/15) That the above item be, and the same hereby is received and filed. 11 � Recommended by the Committee on Legislation x 5� Req. SLA to Revoke Liq. Lic. Of Problem Drinking Est Whose Lic. Were Revoked for Illegal Activity (Permits /Insp.) ( #50,12/13) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation �( o ;3, t Food Store License — 398 Grant Street (Item No. 49, C.C.P., Sept. 5, 2006) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Food Store License to Sahro Abdalla, located at 398 Grant Street. Passed. Recommended b the Committee on Legislation 9 y g Chairman PJS:rmv TAwp60\msword\rmv \49c9- 5c.doc r� f,. I v j *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [ ------------- ] [ MAJ - 51 * 9 * 0 [2/3 - 6] [ 3/4 - 7 Food Store License — 3211 Main Street (Item No. 50, C.C.P., Sept. 5, 2006) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Food Store License to Daniel Shanahan, located at 3211 Main Street. Passed. Recommended by the Committee on Legislation : Chairman PJS:rmv T: \wp60\msword\rmv\5Oc9- 5c.doc I -�- 7 *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK * - W GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [ ------------- ] [MAJ- 51 * 9 * 0 [2/3 - 6] [ 3/4 - 7 D. & J. Skulski -Used Car Dealer -227 Paderewski ( #58,7/11) That the above item be, and the same hereby is received and filed. Recommended by the Committee on Legislation_' 4 i M. Kearns- Police Procedures Need for Review of 911 Calls ( #90,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation S I Edward Street Trailblazer Signs "Louis Stephen Le Couteulx Way" (Item No. 172, C.C.P., July 25, 2006) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street signs on Poles #28, #132 and #192 on Edward Street proclaiming that portion as "Louis Stephen Le Couteulx Way." Passed Recommended by the Committee on Legislation PJS:rmv tAwp60\msword\imv \1720-25c. doc Chairman C C) *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [-------- - - - - -J [MAJ- 51 * 9 * 0 * [ 2/3 - 6 ] * * * [ 3/4 - 7 $ + t.. e n? 0, Terrorism Prevention in Hazardous Materials Transportation (#189,7/25) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation Terrorism Prevention in Hazardous Materials Transportation (Dis. Prep ( #4,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation 1, u l COMMUNITY DEVELOPMENT `t- 1 (Joseph Golombek Jr., Chairman) � Assess Asbestos Risk at H -O Oats (Exc I" & 2" Res)( #125,6/13) ( #84,6/27) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Community Development - ' _ , i3 G. Robins -Opp. High Rise -Gates Circle ( #94,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Community Development CY t V, ; 4 jo Results of Negotiations — 21 Garner (Item No. 9, C.C.P., Apr. 18, 2006) (Item No. 102, C.C.P., May 2, 2006) That the offer from Mr. Said Mubarek, residing at 126 Lawn Avenue, Apartment C, for the purchase of 21 Garner, be and hereby is denied Recommended by the Committee on Community Development�� �1 � Chairman PJS:rmv tAwp60\msword\rmv\ 1 020 -2c. doc L� Special Committees WATERFRONT DEVELOPMENT MICHAEL P. KEARNS CHAIRMAN Grant Funding from the NYS Canal Corporation (Item No. 122, C.C.P., Sept. 5, 2006) That the Common Council supports the creation of a voluntary Erie 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, Natural and Cultural Resource Protection, Local and Regional Protection, Economic Revitalization; and That the Common Council supports the submission of an application for funding from the NYS Canal Corporation through the Erie Canal Greenway Grant Program; and That the City Clerk's Office sends certified copies of this resolution to the Office of Strategic Planning, the Department of Economic Development, Permits and Inspection Services, Governor Pataki, the NYS Canal Corporation, and the members of the Western NY Legislative delegation. Adopted. Recommended by the Special Committee on Waterfront Development Chairman PJS:rmv t:\wp60\msword \:rmv \122c9 -5 c.doc V }. Putting Marine Drive Apartments on the Tax Rolls ( #131,4/19) (#119,9/19) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Special Committee on Waterfront Developmen iQ- I I ''/ 50 RESOLUTIONS `s P Resolution By: Mr. Bonifacio Re: Request Rules Committee to Add a Committee Meeting Before Common Council Summer Recess Whereas: The Buffalo Common Council ends its yearly session with a regular meeting and not a committee before breaking for the August Recess; and Whereas: By conducting a committee meeting before the start of recess, it would give the Common Council the opportunity to come back from recess and carry on City business without a longer delay; and Now Therefore Be It Resolved: That the Common Council's Rules Committee does hereby augment the current schedule by instituting a Committee Meeting before the start of the August Recess and that it be reflected immediately. l By: Mr. Davis Re: Ordinance Amendment Chapter 16, Finance The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 16 of the Code of the City of Buffalo be amended to read as follows: ARTICLE VII - SHARED ASSET FORFEITURE FUND (SAFF) X16 -24 Legislative Intent - Shared Asset Forfeiture Fund (SAFF) A Shared Asset Forfeiture Fund (SAFF) shall be establ in the Department of Police to provide funding to private not - for - profit and community based organizations classified as and meeting the he requirements of 26 U.S.C. §501(c), (3 ) or (4), for conducting programs ams associated with law enforcement crime drug and alcohol abuse prevention. that contribute to the safety, betterment, and physica well -being of youth within the City of Buffalo. The SAFF shall be accounted for in the appropriate fund and account group designated by the Comptroller in accord with eg nerally_ accepted accounting principles and regulatory requirements. The SAFF shall be comprised of fifteen percent (15 %) o all Drug Asset Forfeiture Funds (DAFF) received annually by the City, interest earned on the investment of idle SAFF, and /or donations from other sources. Currently U. S. Department of Justice regulations allow DAFF to be transferred to a SAFF in an amount not to exceed 15% of DAFF recovered and received by the City during a fiscal year. SAFF spending shall be in accord with an Approved SAFF Annual Spending Plan that shall be fully expended annually. SAFF principal shall be used to pay spending plan expenses; idle SAFF shall be invested to maximize interest earnings thereon. SAFE purchases shall be consumed and /or distributed upon delivery or as soon as possible thereafter and shall not be stored to create an inventory. SAFF shall not be used for salaries, operating supplies, equipment, capital improvem real estate acquisition, SAFFAC expenses, or like expenses. Unless identified otherwise all positions and entities referred to herein are as listed in the City Charter and Code. X16 -25 Shared Asset Forfeiture Fund Advisory Committee (SAFFAC) t j {j The Shared Asset Forfeiture Fund Advisor Committee (SAFFAC) shall consist of five (5) members each having voting power. The Commissioner of Police shall serve ex- officio; the Mayor and the Common Council shall each appoint. two (2) qualified electors who shall serve subject to confirmation by majority vote of the Common Council. SAFFAC appointment shall be for a term of and for not more than two (2) consecutive years excluding appointment during the unexpired term of a replaced incumbent except that the Mayor and the Common Council shall each initially select one member who shall serve for a term of three (3) consecutive e� ars. SAFFAC membership shall be voluntary and without compensation; however, Committee members may be reimbursed for authorized expenses to the extent funds are allocated and approved by the Common Council. 16 -26 SAFFAC Duties and Responsibi The SAFFAC shall prescribe its forms and rules of order; initiate actions by majority vote; annually select from amongst its members a Chairman Vice - Chairman and Secretary who shall maintain the orderly conduct of SAFFAC actions; conduct public hearings and meetings as needed; accept and review SAFF spending applications; and prepare a Recommended SAFF Annual Spending Plan for submission to the Mayor. SAFFAC actions and proceedings shall be documented immediately thereafter by filing minutes thereof with the Clerk SAFFAC meetings and hearings are subject to the New York State Open Meetings Law, and an thereto. The SAFFAC shall seek the assistance of the Commissioner of Police the Corporation Counsel the Comptroller and any other Cit�Department(s) who shall provide guidance, counsel advice and assistance as needed. &16 -27 Reports The Commissioner of Police shall report the then current guidelines for transferring DAFF to the SAFF and the amount of DAFF transferred to the SAFF during the current and prior two fiscal years by January 15 of each year, to the SAFFAC, the Mayor, the Common Council and the Comptroller. The Comptroller shall report the financial position of the SAFF as of December 31 and June 30 by January 10 and July 10 respectively during each ach year. The report shall list SAFF beginning and ending balances, commitments and summaries of revenues, interest earnings and expenditures during the period and shall be filed with the SAFFAC, the Mayor, the Common Council and the Commissioner of Police. 06 -28 Auditing The Comptroller may audit and /or examine the books and records of any entity receiving or disbursing the SAFF upon appropriate notice thereto. Any audit performed by the Comptroller shall upon completion be reported to the SAFFAC the Mayor, the Common Council and the Commissioner of Police. 06 -29 The SAFF Recommended Annual Spending Plan Subject to the availability of at least one - thousand dollars ($1,000.00) of uncommitted SAFF as of December 31 of each year as reported by the Comptroller, the Commissioner of Police during the month of January, shall make application available and accept completed applications for SAFF spending. Prior to their forwarding to the SAFFAC, the Commissioner of Police shall review each application for compliance with this code and shall certify whether it is complying or non-complying. The SAFFAC shall review all applications received by the Commissioner of Police; conduct public hearing(s) within the community and with community service providers, to seek encourage and discuss suggestions and ideas for SAFF spending; prepare a Recommended SAFF Annual Spending Plan that identifies applications and programs that best serve the needs of the city, their respective funding amount and ranking by importance; and the amount of SAFF (if any) designated for use in the next annual spending plan. The SAFFAC Recommended SAFF Annual Spending Plan and supporting applications shall be submitted to the Mayor by March 1 of each year. The Mayor shall review the SAFFAC Recommended SAFF Annual Spending Plan and supporting applications for compliance with the goals and objectives of the City, it's Annual Budget and Four -Year Plan; and shall annotate each recommended application as in compliance or not -in- compliance and the reason(s) therefore. The Mayor's Recommended SAFF Annual Spending Plan and supporting applications shall be filed with the Common Council by pril 1 of each year. 06 -30 The SAFF Approved Annual Spending Plan The Common Council shall review the Mayor's Recommended SAFF Annual Spending Plan and supporting applications and by majority vote no later than May 1, shall approve or deny each Spending Plan line item and the corresponding application, thereby creating the Common Council Approved SAFF Annual Spending Plan. The Common Council, for any Spending Plan line item and corresponding application that is denied may authorize and direct the SAFFAC to reconvene to submit a revised Recommended SAFF Annual Spending Plan; and shall correspondingly designate a revised temporary timetable to achieve the spirit and intent of this Code. Notwithstanding the SAFF annual fiscal period shall conclude June 30. The Ma oy r may object to any Recommended SAFF Annual Spending Plan and corresponding Application that is denied by the Common Council, by the return thereof to the Common Council within ten (10) days thereafter, together with the reasons for objection. The Common Council may within ten (10) days thereafter, affirm its actions by two - thirds vote of its members; otherwise, the Mayor's Recommended Spending Plan and supporting application(s) shall be deemed approved. r The Commissioner of Police with the assistance of the Corporation Counsel shall execute the appropriate contract(s) to which the respective application shall be appended thereto, in accord with the Approved SAFF Annual Spending Plan, as a prerequisite to program delivery by successful applicant. &16 -31 Remedies for Violations Any person(s) either employed by or associated with any entity in receipt of SAFF, and /or serving as a Director or Officer thereof including their successors, shall be responsible for safeguarding SAFF and /or the goods and services procured therefrom. The inappropriate and /or illegal spending of the SAFF are considered a theft of government services that may subject such individuals to legal prosecution and responsibility for damages incurred by the City as a result thereof. APPROVED AS TO FORM t Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. AAL:PJS:rmv T:\wp60\msword\pjs\ord-amend-finance-saff REFERRED TO ITT 4 RESOLUTION By: Brian C. Davis Subject: Elimination of Pocket Park, 181 Prospect Avenue Whereas: The new collaboration of block clubs on the lower West Side of Buffalo (Lower West Side Partnership), West Village Renaissance Group, Fargo Estate, Kleinhans Community Association, Hispanics United of Buffalo, Holy Cross Community Efforts, Prospect 200 Block Club, and others has forged a stronger neighborhood presence to assure the safety and security of the residents of this area; and Whereas: Certain areas within the Lower West Side have been identified as neighborhood "hot spots" and nuisances that are frequented by vagrants, drug users, gangs, and other social and criminal persons, and Whereas: One of these areas that impact the neighborhood children and adults most frequently, adding great concern for quality of life to the surrounding residents has been identified as the City Owned Property at 181 Prospect Avenue, corner of Virginia, due to the installed park benches (2) and trash can (1); and Whereas: Allegedly this site is known for drunken and drugged activity, gangs, fights, and more, threatening the quality of life for the surrounding residents. Now, therefore be it resolved: That the Buffalo Common Council supports the removal of the two metal park benches and the metal trash can from this site; and Be it further resolved: That the removal of said infrastructure shall take place as soon as possible; and Be it finally resolved: The reuse of this land as a community garden project will provide a victory to the community as well as the City, understanding this corner is a designated park. Brian C. Davis ADOPTED D-J-2 LOWER WEST SIDE PARTNERSHIP c/o HISPANICS UNITED OF BUFFALO 254 VIRGINIA STREET BUFFALO, NY 14201 September 28, 2006 Councilmember Brian C. Davis 65 Niagara Square Buffalo, NY 14202 Councilmember Davis: The Lower West Side Partnership is a collaborative of all the block clubs and neighborhood associations within the borders of the west side of the Ellicott District. We come together to assure solution -based delivery of issues regarding housing, crime, quality of life, and other complaints in order to provide a professional presentation to government and community organizations. Some of the community /neighbor groups that comprise the Lower West Side Partnership include: • Hispanics United of Buffalo (support location and organization) • Fargo Estate (support neighborhood association) • West Village Renaissance Group (support neighborhood association) • Holy Cross Church and Programs (support location and organization) • Johnson Park Association (Block Club) • Prospect 200 (Block Club) • Seventh /Pennsylvania BB (Block Club) • Beecher BC (Block Club) • Niagara /Jersey BC (Block Club) • Niagara Street BC (Block Club) • Prospect BC (Block Club) We are in support of the request for the removal of the two park benches and the trash receptacle on the city -owned pocket park land located on the corner of Prospect and Virginia Streets. (aka 181 Prospect) This site has been a local gathering spot for gangs, vagrants, drunkards, and other persons /activities that challenge the quality of life of the Lower West Side, particularly in the area of Prospect to Whitney and Virginia to Maryland. Thank you for your attention and consideration, Marilyn Rodgers Chair — Public Safety Lower West Side Partnership, et al Via e -mail — October 2, 2006 Resolution 9 . By: Brian C. Davis Re: Permission to Hang a Banner Across Delaware Avenue Whereas: The organizers of the Trinity White Elephant Sale is requesting permission to temporarily hang a banner across Delaware Avenue in front of Trinity Episcopal Church located at 371 Delaware Avenue; and Whereas: The said organizer would like the banner to be displayed from October 21, 2006 through November 5, 2006; and Whereas: The organizers of the Trinity White Elephant Sale are familiar with the banner requirements, and will purchase the necessary bond before the banner is hung. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the organizers of the Trinity White Elephant Sale to hang a banner at said location advertising the event; and Be It Finally Resolved: That the banner meets all the requirements of the Department of Public Works Streets and Parks and that no existing laws are violated. Brian C. Davis Ellicott District Councilmember i. Resolution By: Brian C. Davis Re: Permission to bang a,annerross Delaware Avenue Whereas: The organizers of the Trinity White Elephant Sale is requesting permission to temporarily hang a banner across Delaware Avenue in front of Trinity Episcopal Church located at 371 Delaware Avenue; and Whereas: The said organizer would like the banner to be displayed from October 21, 2006 through November 5, 2006; and Whereas: The organizers of the Trinity White Elephant Sale are familiar with the banner requirements, and will purchase the necessary bond before the banner is hung. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the organizers of the Trinity White Elephant Sale to hang a banner at said location advertising the event; and Be It Finally Resolved: That the banner meets all the requirements of the Department of Public Works Streets and Parks and that no existing laws are violated. Brian C. Davis Ellicott District Councilmember l _ LI P Shirley P. Hudders 16 Fox Chapel Road Williamsville, NY 14221 September 15, 2006 Brian C. Davis Ellicott District Council Member Buffalo City Hall, Room 1408 Buffalo, New York 14202 Re: Trinity White Elephant Sale Dear Mr. Davis: Once again, I am writing on behalf of the Trinity White Elephant Sale, and seeking permission to hang a banner across Delaware Avenue advertising the event. It is our intention to hang a banner across Delaware Avenue in front of Trinity Episcopal Church located at 371 Delaware Avenue, from approximately October 21 through November 5, 2006. At the next Common Council meeting, would you kindly issue a resolution granting permission for the installation of said banner and forward the same either to my address above or to the Church. We are familiar with the banner requirements and have purchased the necessary bond. Please feel free to call me at 632 -4990 should you have any questions. Trinity's FAX # is 852 -2551 and confirmation may be sent there. The church phone # is 852 -8314. Thank you. Very truly yours, -,- / a� Shirley P. Hudders BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK * KEARNS LOCURTO RUSSELL THOMPSON [MAJ- 5] * 9 * [ 2/3 - 6 ] [ 3/4 - 71 i RESOLUTION Sponsor: Brian C. Davis Co- sponsors: Subject:ROOMING HOUSE LEGISLATION Whereas: During the late 19 and early 20 centuries, properties known as a "Rooming Houses" in Buffalo, New York were utilized as temporary quarters for those from outlying rural areas and other cities and towns who sought work during the growth and development of our City; and Whereas: During the progression of the mid -20 century, rooming houses provided a full service to their tenants including clean rooms with meals and a "surrogate family" atmosphere; and Whereas: There were approximately 104 `Lodging House" licenses issued in 2004 in the City of Buffalo. Approximately 16 were submitted by known hotels and motels with sufficient staffing to assure compliance with state and local law, and many "Rooming Houses" are either not recognized or listed in this licensure process; and Whereas: Improper screening and selection of managers are inconsistent in the enforcement of the "500 foot law" under the current "Lodging House" Chapter 269. Therefore, under an amendment to this ordinance, legislation to strengthen licensure of managers of such facilities is necessary; and Whereas: Single Room Occupancy Multiple Dwellings (SROs), as defined by the New York State Multiple Dwelling Law, show a clear and definitive difference from hotels, motels, and inns as described in Chapter 269 - Lodging Houses of the City Charter of Buffalo, New York; and Whereas: This proposed legislation utilizes the New York State Multiple Dwelling Law as a base for providing the needed regulations to properly govern these entities while providing safe, secure, and thriving neighborhoods for our City and protecting the tenants of such properties; and Whereas: This legislation will call for an additional chapter s . (Chapter 270 - Rooming Houses) to be added to the City Charter in order to fully define the needed legislation for Rooming Houses as a (A separate entity from Lodging Houses (hotels, motels and inns). f L Now, Therefore Be It Resolved: That the City of Buffalo Common Council instructs the Law Department to draft the appropriate ordinance amendment to the City of Buffalo Charter for "Rooming Houses" for future adoption (approval) by the Buffalo Common Council; and Be It Further Resolved: That, this new chapter will also address and demand on -site, screened, qualified, and licensed managers with either a medical or mental health background for each 10 Tenants. This shall be in order to assure the safety and health of each resident of said buildings /businesses and the residents of the surrounding neighborhoods; and Be It Further Resolved: That, this new chapter will also address and demand that a register of all tenants shall be kept, which will show the name, signature, and room occupied. This register shall be provided to local police or other City of Buffalo entities /representatives upon request; and Be It Further Resolved: That, this new chapter will also address and demand that an additional requirement of a doorbell or buzzer system (security system) to be installed for each room to ensure the sanctity of both tenants in these structures and the surrounding residents of the neighborhoods; and Be It Further Resolved: That a moratorium of all new "Lodging House" licensing procedure for facilities other than branded hotels, motels, and inns is to be instituted to assure compliance for this legislation; and Be It Further Resolved: That the introduction and promotion of this new legislation will be fully instituted to all citizens of the City of Buffalo through notification via water bill, user fee, and /or tax statements in order to ensure full recognition and implementation; and Be It Finally Resolved: That this resolution remain in the Legislation Committee until deemed no longer necessary. D 'M 7P COMM an C. Davis r / ; ) r E�J By: Mr. Davis Transfer of Funds Common Council — Legislative +8 That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $3,000 be and the same is hereby transferred within Common Council Legislative and said sum is hereby reappropriated as set forth below: From: Common Council Legislative 10102001 — 412002 Hourly Salary To: Common Council Legislative 10109004 —458001 10109004— 458002 a $3,000 $1,500 $1,500 � b * * * FONTANA FRANCZYK * * * GOLOMBEK KEARNS LOCURTO RUSSELL * THOMPSON * [MAJ- 5] * q U [ 2/3 - 6 ] [ 34 - 7 09/25/2006 jv RESOLUTION '- Sponsor: Council Member Richard A. Fontana Co- Sponsors: Michael Kearns, Michael LoCurto, and Brian Davis Re: Keeping the Lights On After School WHEREAS: Boys and Girls Clubs of Buffalo stands firmly committed to quality after school programs and opportunities because they: ❖ Provide safe, challenging, engaging and fun learning experiences to help children and youth develop their social, emotional, physical, cultural and academic skills. •e• Support working families by ensuring their children are safe and productive after the regular school day ends. ❖ Build stronger communities by involving our students, parents, business leaders and adult volunteers in the lives of our young people, thereby promoting positive relationships among children, youth, families and adults. ❖ Engage families, schools and diverse community partners in advancing the welfare of our children. WHEREAS: Boys and Girls Clubs of Buffalo has provided significant leadership in the area of community involvement in the education and well -being of our youth, grounded in the principle that quality after school programs are key to helping our children become successful adults. WHEREAS: Lights On After School, a national celebration of after school programs on October 12, 2006 promotes the critical importance of quality afterschool programs in the lives of children, their families and their communities. WHEREAS: more than 28 million children in the U.S. Have parents who work outside the home, and 14.3 million children have no place to go after school. WHEREAS: many after school programs across the country are facing funding shortfalls so severe that they are being forced to close their doors and turn off their lights. THEREFORE BE IT RESOLVED THAT: Boys and Girls Clubs of Buffalo urges the citizens of Buffalo to ensure that every child has access to a safe, engaging place where the lights are on after school; And be it further resolved that Common Council enthusiastically endorses Lights On After school and is committed to innovative after school programs and activities that ensure that the lights stay on and the doors stay open for all children after school. Richard A. Fontana Michael Kearns Michae oCurto Brian Davis ADOPTED f A BY: MESSERS FRANCZYK &: KEARNS RE: NAME THE AIRPORT AFTER "WILD BILL" DONOVAN WHEREAS: As part of the planned redevelopment of Memorial Auditorium involving Bass Pro, the General William J. Donovan State Office Building will be demolished; and, WHEREAS: "Wild Bill" Donovan, as he came to be known, had a legendary career as soldier, lawyer, diplomat and spy; and, WHEREAS: As Director of the Office of Strategic Services (OSS), in World War II, Donovan is regarded as the father of the American intelligence services. The OSS was forerunner of the Central Intelligence Agency; and, WHEREAS: Bill Donovan was born on Michigan Avenue in the shadow of the Old First Ward and went on to St. Joseph's Collegiate Institute and Columbia University; and, WHEREAS: Under the Command of Black Jack Pershing, Donovan pursued Mexican desperado Pancho Villa, and later earned the Congressional Medal of Honor during World War I. A Hollywood fihn about Donovan's exploits staring James Cagney playing Donovan's colleague was released in the 1940's; and; WHEREAS: A summary of Donovan's career tells the story of a war hero, candidate for governor of New York State, confidante of presidents and co- founder of a prestigious international law firm; NOW THEREFORE BE IT RESOLVED: That as a fitting tribute to William "Wild Bill" Donovan, the Common Council requests that the Niagara Frontier Transportation Authority (NFTA) rename the Buffalo- Niagara Airport the General William Donovan Airport. AVID A. RANCZYK MICHAEL P. KEARNS R By: Mr. Franczyk Re: Installing Additional Decorative Banners in the Clinton Bailey Neighborhood WHEREAS: The Clinton Bailey Community Association was organized in early 2003 and successfully fought the infamous "New York City Garbage Train" that harmed the health and safety of their community; and, WHEREAS: The Clinton Bailey Community Association has since focused on neighborhood beautification projects, quality of life issues and general community improvements; and, WHEREAS: The Clinton Bailey Community Association wishes to install eight additional decorative street lamp banners on the lampposts at 1435, 1453, 1463, 1479, 1491, 1505 Clinton Street and 540 and 518 Bailey Avenue, in order to continue their ongoing neighborhood beautification efforts; and, WHEREAS: The Clinton Bailey Community Association will notify the City of Buffalo's Department of Public Works in order to ensure that all requirements for proper installation are met; NOW, THEREFORE BE IT RESOLVED: That this Common Council grant permission to the Clinton Bailey Community Association to hang additional decorative banners on the above aforementioned street lamp posts. /avi�dA. Franczyk *AYE* No BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL THOMPSON [ MAJ. 5 ] * 9 2t3 61 3/4 7 1 f By: Mr. Franczyk Re: Improve Enforcement Measures Against Motorists Who Violate Noise Ordinance Whereas: Motorists who violate the noise ordinance create a public nuisance and negatively impact the quality of life of the residents of the City of Buffalo; and Whereas: The City of Buffalo enacted a Noise Ordinance contained in Chapter 293 of the City Code; and Whereas: Although the Buffalo Police Department has effectively implemented a "zero- tolerance" policy as to quality of life offenses including an increased enforcement of the noise ordinance, there may be additional opportunities for the City to address these types of problems; and Whereas: Under the prevailing case law in New York State, police are entitled to arrest a motorist for a violation, in their presence, of a noise ordinance; and Whereas: Also under the law, police are entitled to impound a vehicle if there is a "reasonable basis to believe that the car itself is evidence of a crime," or "if it is supported by probable cause to believe that it is connected to criminal activity or it furthers police community caretaking functions such as safeguarding streets from traffic congestion, parking violations or road hazards;" and Whereas: Although violations of the Noise Ordinance are not crimes, many crimes are committed through the use of a vehicle, including crimes that may involve loud music in which the vehicle could be impounded as evidence; and Whereas: Impounding disorderly vehicles in addition to strengthening the City's enforcement capabilities under the noise ordinance can be effective tools in improving the quality of life in the City of Buffalo; and, Whereas: Police could easily do license plate number checks on vehicles violating the noise ordinance, or other infractions, to ascertain if there are traffic or other violations or crimes attributed to the vehicle or operator in question which could warrant impoundment or arrest of the driver; Now, Therefore Be It Resolved: That the Buffalo Police Department comment as to the feasibility of implementing a policy of impounding vehicles used in the commission of crimes, especially quality of life crimes, so long as there is a reasonable basis to believe that the vehicle is evidence of a crime or if it is supported by probable cause to believe that it is connected to criminal activity or it furthers police community caretaking functions such as safeguarding streets from traffic congestion, parking violations or road hazards; and Be It Further Resolved: That the Corporation Counsel prepare any necessary ordinance amendments consistent with applicable law providing that motorists who violate the noise ordinance in the presence of a police officer may be arrested and punished accordingly. AVID A. FRANCZYK REFERRED TO THE COMMITTEE ON I n %Yi Csnrait,vrTl��� fG� C v'LY�{t 2 �t�' �CJL >��`. ') Y RESOLUTION BY: Mr. Golombek, Mr. Kearns RE: The NFTA Transferring Outer Harbor Land to the Erie Canal Harbor Development Corporation Whereas: Over two years ago the NFTA, sought to sell the Small Boat Harbor to the State for $4 million; and Whereas: The Buffalo Common Council through legal action sought to stop the transfer of the Small Boat Harbor on the basis that the City of Buffalo maintained ownership rights to the Small Boat Harbor and to the land commonly referred to as the Outer Harbor; and Whereas: In addition to the land ownership claim, Councilmembers expressed concern that the NFTA as a bus company was not the appropriate entity to oversee the development of the City's most valuable asset, the Outer Harbor, and Whereas: The Common Council was criticized by the Buffalo News for standing in the way of waterfront development by commencing legal action to regain control of our waterfront land; and Whereas: The Council in a 8 -1 vote settled the legal action against the NFTA with the signing of a Memorandum of Understanding between the City and the NFTA; and Whereas: Two years later the Small Boat Harbor has not been transferred to the State, the Outer Harbor has not been developed, and the NFTA's desire to transfer the Outer Harbor to the Erie Canal Harbor Development Corporation is applauded by the Buffalo News because now apparently it does not make sense to have a bus company in charge of developing our waterfront; and Whereas: The Memorandum of Understanding (see attached copy), as weak as it was between the City and the NFTA contained specific language to provide some protections to the City: • Development of the Outer Harbor required the City to receive payments in lieu of taxes; • Any lease or sale of the Seaway Pier Parcel, requires that the City receive 50% of any remuneration; j • In the event the sum of $500,000 or more has not been spent in development of the Seaway Pier within 10 years, the City has the option to purchase the Seaway Pier Parcel for $1.00; • The NFTA agrees that the sale proceeds from the transfer of the Small Boat Harbor will be placed in an operating account to be used for transportation related purposes in Buffalo; • All uses of the Outer Harbor will be required to comply with the City's Local Waterfront Revitalization Plan; • The City will have two representatives who will play a role in the NFTA's redevelopment of the Outer Harbor. Whereas: The Memorandum of Understanding states that it is not a binding and that a settlement does not exist "...until and unless the parties have negotiated, agreed to and executed formal settlement documents..'; and Now Therefore Be It Resolved: That the Buffalo Common Council hereby requests a report from the Corporation Counsel as to the status of the City's settlement of the Outer Harbor litigation with the NFTA. Specifically, whether formal settlement documents have been executed? Be It Further Resolved: That the Buffalo Common Council requests a report from the Corporation Counsel as to the impact of the NFTA transferring the Outer Harbor to the Erie Canal Harbor Development Corporation, upon the legal settlement agreement reached between the City of Buffalo and the NFTA regarding the Outer Harbor? n 6 seph Golombek J(. Michael P. Kearns ERRED TO THE COMMITT � REF ON COMMUNITY DEVELOPMENT t� 0 it This Memorandum of Understanding made and entered into this 3r day of November, 2004, by and between the Niagara Frontier Transportation Authority ("NFTA"), a New York public benefit corporation with its principal office for the transaction of business at 181 Ellicott Street, Buffalo, New York 14203, and the City of Buffalo ("City"), a New York municipal corporation with its principal office for the transaction of business at City Hall, Buffalo, New York 14202. Whereas, the NFTA and the City are parties.to an action entitled Niagara Frontier Transportation Authority v. City of Buffalo, Index No. 2004-4273, pending in New York State Supreme Court ("Action") which includes the claim of the NFTA (for work performed by the NFTA on City-owned property adjacent to the DL&W building) and two counterclaims interposed by the City (one for work performed by the City on NFTA right-of-way property and the other regarding the City's claimed reversionary interest in Boat Harbor property); and Whereas, the parties desire to set forth the elements of a proposed settlement agreement with the understanding that each party must obtain the formal approval of its governing body and that the terms set forth in this Memorandum of Understanding will be formalized in final settlement documents acceptable to both parties. Now, Therefore, in consideration of the mutual covenants and promises hereinafter set forth, the parties agree as follows: 1. The NFTA agrees to waive with prejudice the claims set forth on Exhibit A. A copy of the Release to be executed by the NFTA is annexed hereto as Exhibit B. 2. The NFTA and the City will execute a Stipulation of Discontinuance on the merits and with prejudice for the action entitled Niagara Frontier Transportation Authority v. City of Buffalo, Index No. 1-2003-2550 (snow dumping by City on NFTA property). 3. The NFTA and the City will execute a Stipulation of Discontinuance on the merits and with prejudice for the Action, including the First and Second Counterclaims, and the City will cancel the Notice of Pendency filed in conjunction with the Action and release and discharge the NFTA from all liability whatsoever arising out of the allegations contained in the Second Counterclaim. A copy of the Release to be executed by the City is annexed hereto as Exhibit C. 4. The NFTA agrees that in the event the NFTA leases all or any part of the outer Harbor parcel, which is defined as the area delineated on the Port of Buffalo Plot Plan annexed hereto as Exhibit D, that payments in lieu of taxes will be made to the City for property developed, improved or used for non - transportation purposes, in accordance with section 1299 -r of the Public Authorities Law. With regard to such payments in lieu of taxes, for purposes of this Memorandum of Understanding and the final Settlement Agreement only, the term "non- transportation" is defined as including, but not limited to, residential, entertainment, medical support campus and /or business service campus uses, which are the likely uses for the Outer Harbor parcel identified in the Request for Proposals for Purchase and /or Lease and Redevelopment of Site Commonly Known as the Outer Harbor. Exceptions to the above - referenced uses being considered non- transportation purposes pursuant to section 1299 -r of the Public Authorities Law will be specifically negotiated in the final Settlement Agreement. In the event that all or any part of the property is sold it will no longer be subject to section 1299 -r of the Public Authorities Law. 5. The City agrees that it will not contest in any manner whatsoever the NFTA's title to, possession, occupancy, control and /or use of the Outer Harbor parcel and /or any improvements thereon, that all reversionary interests set forth in section 1299 -c of the Public Authorities Law have been extinguished and title to the properties set forth in section 1299 -c (8) shall now revert to the State of New York in the event of the termination of the existence of the NFTA, and shall release and discharge the NFTA from any and all claims, liens or demands of any nature regarding any portion of the Outer Harbor parcel and /or any improvements thereon. The City agrees to cooperate in good faith with the NFTA's development of the Outer Harbor parcel and use its best efforts to make the project a success. This agreement to cooperate does not affect or limit the City's right to seek PILOT payments pursuant to section 1299 -r of the Public Authorities Law. 6. The NFTA agrees that in the event the NFTA leases or sells any part of the Seaway Pier parcel, which is defined as the area delineated on the survey annexed hereto as Exhibit E, the City will be entitled to receive fifty percent of any remuneration received by the NFTA pursuant to such a lease or sale, net of all direct expenses associated with the parcel paid by the NFTA from the date of execution of the final settlement agreement. Direct expenses shall not include NFTA employee overhead or the costs associated with overall development of the Outer Harbor parcel, as opposed to the Seaway Pier parcel, but shall include any costs -2- incurred by the NFTA for environmental remediation of the Seaway Pier parcel. The City has the right to audit the NFTA's records regarding any direct expenses claimed by the NFTA. Notwithstanding the language of this section, the parties agree that the City is not a partner or joint venturer with the NFTA with respect to the Seaway Pier parcel, and has no liability, including environmental liability, resulting from the terms of this section. 7. The NFTA agrees that in the event the sum of $500,000 or more has not been spent in development, which term shall not include environmental remediation, of the Seaway Pier parcel within ten years from the date of execution of the final settlement agreement the City has the option, to be exercised within one year following the expiration of the initial ten year period, to request that the NFTA deed the Seaway Pier parcel to the City for the sum of $1.00. 8. The NFTA agrees that the net sale proceeds from the transfer of the Boat Harbor to the New York State Office of Parks, Recreation and Historic Preservation, less the amount necessary to replace certain equipment being sold as part of the transfer for an amount not -to- exceed $300,000, will be placed in an operating account restricted to use by the Niagara Frontier Transit Metro System, Inc. "(Metro ") for transportation purposes within the City of Buffalo. Metro will account for utilization of the proceeds in a manner consistent with Metro's accounting practices as of the date of execution of the final settlement agreement. The City has the right to audit Metro's records regarding the use of the proceeds. 9. All uses of the Outer Harbor parcel will be required to comply with the City's Local Waterfront Revitalization Plan, as adopted or amended from time to time. 10. The City is entitled to maintain two representatives, one to be appointed by the Mayor and an ex officio member to be appointed by the South Buffalo Councilmember, each with voting rights equal to any of the other four representatives, on the NFTA's Request for Proposal for Purchase and /or Lease and Redevelopment of Site Commonly Known as the Outer Harbor Evaluation Team. 11. The City is entitled to maintain two representatives on the Citizen's Advisory Review panel to assist the selected developer in preparation of the Master Plan with respect to the Outer Harbor. 12. The City agrees to authorize and execute such other documents as may be necessary to fully execute this Memorandum of Understanding and to extinguish any and all -3- claims of the City pursuant to Public Authorities Law section 1299 -c, including, but not limited to, documents in recordable form to be filed in the office of the Erie County Clerk. 13. The NFTA will convey title to its property located at 3011 Main Street to the City for the sum of $1.00. 14. The City will require the Buffalo Urban Renewal Agency to extend its lease with the NFTA for approximately 3.04 acres of land adjacent to the LaSalle Station for an additional ten years, commencing September 15, 2009, at a rental of $1.00 per year. 15. The parties agree to formalize the terms of this Memorandum of Understanding in settlement documents to be signed by both parties after approval by their respective governing bodies. The parties acknowledge that this Memorandum of Understanding is not intended to constitute binding settlement documents and that no such settlement will exist until and unless the parties have negotiated, agreed to and executed formal settlement documents covering the terms of this Memorandum of Understanding, and all other essential terms of such settlement, as approved by their respective governing bodies. In Witness Whereof, the parties hereto have caused this Agreement to be executed as of the date set forth above. P RA FRONTIER TRANSPORTATION AUTHORITY e M. Meckler, Execu ive Director OF BUFFALO thong M. Masiello, Mayor r vid A. Franczyk, Common Council President RESOLU a s � � " a 1 Whereas: In June 2006, the Buffalo Common Council enacted Ordinance Amendment 96: Bonds & Contracts, informally known as the City Apprenticeship Law; and Durin th rev process leading up to the approval o Jun in City department personnel b an! community reside were invited to offer their opinions as to the impact the ordinance would have on ! ! business with the City of Buffalo Wh As previous ordinance • ment continues • r eq u i r e ! subcontractors ! r ! contr acts ` ! Buffalo ! ` established appren ag a ! p s i i be pe under the w Whereas. The previous ordinance required companies bidding on City contracts to c omply above noted app renticeship when the c ont r act s . e $250 and Wher eas: ! Amendment a in June 2006 re quires th at all contracts .! g00 in value • p and sponsor • Durin apprenticeship program as outlined in Chapter 96; and the review process ! .i up to the approval of r in June 2006, City department personnel and businesses voiced opposition to LOWERING the contract value amount from $250,000 to $100,000; and Whereas: Since the approval in June 2006, it has been noticed that fewer c ompanies are bidding ♦ i . ♦ ` comp is bidding and the companies are larger companies with a previously esta blished apprentice progr an Whereas: In addition, the decrease in competitive bids has resulted in the City awarding contracts to bidders for work that historically has cost less and had been done by a smaller company; and 1(. Whereas: Speculation as to why contract costs are up and bidders are fewer is that it is too costly for a small business to support an apprentice program under the new City Ordinance and therefore they are not bidding; and Whereas: The result of higher contract bids being awarded to larger companies means the taxpayers of the City of Buffalo are paying more for work than they have in the past and small companies are loosing business; Fill I'll !! 1111:1111111 The Common Council of the City of Buffalo does hereby request that the Department of Public Works file a report as to the number of RFPs and thd name of the companies that bid and their bid amounts since Ordinance Amendment Chapter 96 became effective; and 71114 itM1 a 11111111111 pplillip Ems= • The Common Council of the City of Buffalo does hereby request the Corporation Counsel respond as to the legality of amending Chapter 96 t* exempt small businesses, (a business with fewer than 10 employees), or exempt City owned businesses from this Ordinance: and This Honorable Body requests the Department • Public Works and the Corporation Counsel file their response with the City Clerk, 1308 City Hall, ni.k later than 2pm, on Thursday, October 12, 2006; and This resolution is referred to the appropriate Council Committee for further consideration. Jo ph Golombek, Jr. ADOPTED REFERRED TO THE COMMITTEE ON LEGISLATION. t RESOLUTION 4h 1 e.5 Sponsored by: Mr. Kearns Co- sponsored by: Mr. Franczyk RE: Immediate Establishment of the Parks Advisory Board Whereas: On July 1, 2004, the City of Buffalo and Erie County entered into agreement for the operation, management and improvement of the City Parklands; and Whereas: Article 13.4 of this agreement 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. The County and the City will also continue to work with such neighborhood or community advisory bodies as may be currently established for any of the Parklands;" and Whereas: Article X of the Charter and Code of the City of Buffalo, "Parks Advisory Board," which was adopted April 19, 2005 and became effective April 29, 2005, of which Section 6 -54 established such committee to "ensure that the Parks Department for the County of Erie is providing constant and consistent maintenance of the City of Buffalo parks system" and that "the Board shall also provide a vehicle for City of Buffalo residents and public officials to voice concerns and identify issues that require attention by the Parks Department;" and Whereas: The members of said Board shall be appointed as follows: two representatives appointed by the Mayor, three representatives appointed by the Council President, one representative appointed by the County Executive, one representative appointed by the County Legislature, and one representative jointly appointed by the applicable unions. The City of Buffalo Commissioner of Public Works, Parks and Streets, the Erie County Commissioner of Parks, and the Executive Director of the Buffalo Olmsted Conservancy shall serve as ex- officio members. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby requests the immediate establishment of the Parks Advisory Board to ensure that the Parks Department for the County of Erie is providing constant and consistent maintenance of the City of Buffalo parks system and to provide a vehicle for City of Buffalo residents and public officials to voice concerns and identify issues that require attention by the Parks Department; and Now, Therefore, Be It Further Resolved: That the City Clerk forward certified copies of this resolution to Mayor Byron W. Brown, County Executive Director Joel A. Giambra, County Legislative Chairperson Lynn M. Marinelli, Eire County Commissioner of Parks Angelo Sedita, and Executive Director of the Buffalo Olmsted Parks Conservancy Johnathan M. Holifield. � 4 Michael P Kea David A. liranczyk REF&RED TO THE COMMITIFEE-r °A f RESOLUTION Sponsor: Michael P. Kearns Re: Name George J. Hartman Fields Football Field in honor of "Paul Fitzpatrick" Whereas: In 1993, the Tifft Playfields were renamed the George J. Hartman Fields. George Hartman was a lifelong resident of South Buffalo who spent forty years coaching, refereeing and working with children at the Babcock Boys Club; and Whereas: Bishop Timon High School has called the football field at George J. Hartman Fields home for many years; and Whereas: A sign at the front of the playfields declares the football field as "Home of the Tigers "; and Whereas: The Bishop Timon Tigers football team has been led by Paul Fitzpatrick, the legendary coach, who recently retired after coaching the Timon boys for 28 seasons, compiling a record of 174 wins, 58 losses and 4 ties; and Whereas: During his 28 -year coaching career, Coach Fitzpatrick's teams won 14 league championships and were ranked #1 in all of Western New York twice; and Whereas: As a student, Paul Fitzpatrick was All- Catholic in both football and basketball. He was the team MVP in both sports, leading Timon to the Monsignor Martin football championship and the Manhattan Cup basketball championship as a student athlete; and Whereas: Paul Fitzpatrick's humble leadership and dedication to his players, school, and community have made him a living legend to his former players, students, assistant coaches, and to all those who have happened come across this true gentleman; Now, Therefore be it Resolved That: To recognize the extraordinary accomplishments Paul Fitzpatrick has made to Timon football and high school athletics, this Honorable Body does hereby approve the request to name the George J. Hartman Field football field "Paul Fitzpatrick Field"; and Be it Further Resolved That: That the City Clerk be directed to file a notice of intention which directs a public hearing on the proposed naming in accordance with Chapter 286 of the City Code; and Be it Finally Resolved That: The Common Council hereby approves the naming of the George J. Hartman Field football field "Paul Fitzpatrick Field ". ADOPTED Michael P. Kearns R . ` & C ITTEE 1 "� a. S RESOLUTION BY: Mr. Kearns, Mr. Golombek RE: Having A Council Representative Serve on the Erie Canal Harbor Development Corporation Whereas: The development of the waterfront is a vital part of revitalizing the City of Buffalo; and Whereas: The Erie Canal Harbor Development Corporation (ECHDC) was formed to serve as a focal point for overseeing the planning and development of Buffalo's waterfront including serving as the lead contact for the Bass Pro project; and Whereas: The overall investment in the Buffalo waterfront is expected to exceed $100 million and include state, federal, local and private dollars; and Whereas: When first formed the ECHDC Board of Directors consisted of seven individuals, six of which were from the private sector; and Whereas: Recently the ECHDC Board of Directors was expanded to include the Erie County Executive and the Mayor of Buffalo; and Whereas: Given the importance of developing Buffalo's waterfront and the fact that Bass Pro and other waterfront projects will require some form of Common Council approval, additional representation by the Common Council on ECHDC would be helpful in terms of providing communication to the Council regarding waterfront projects; and Whereas: In November of 2004, the City of Buffalo and the NFTA entered into a Memorandum of Understanding to settle litigation regarding land located in the area commonly referred to as the Outer Harbor; and Whereas: The Memorandum of Understanding provides that the City is entitled to maintain two representatives one to be appointed by the Mayor and a member to be appointed by the South Buffalo Councilmember to a NFTA committee overseeing the purchase /lease of the Outer Harbor; and Whereas: The NFTA is now seeking to transfer their ownership of the Outer Harbor land to the Erie Canal Harbor Development Corporation (ECHDC). Whereas: To comply with the terms of the legal settlement agreement between the City and the NFTA, the City should have two representatives appointed to the ECHDC. Now Therefore Be It Resolved: That the Common Council hereby requests the Erie Canal Harbor Development Corporation place representation from the Common Council and the Mayor on the Erie Canal Harbor Development Corporation, as required by the terms of the legal settlement reached between the City and the NFTA regarding the Outer Harbor. Be It Further Resolved: That a copy of this resolution be forwarded to the Erie Canal Harbor Development Corporation for their comments. Be It Finally Resolved: That this item is referred to an appropriate Committee of the Council for further follow up and consideration. k t t gs d Michael P. Kearns Jo ph Golombek Jr. 7 ADOPTED 1 t 3 ejO , j TO THE COMMITTEE ON LEGISLATION. tA Resolution By: Bonnie Russell - - Whereas: Currently, the Ordinances of the City of Buffalo allow for various Business Licenses to be issued within the City of Buffalo without any approval by the Common Council; and Whereas: Many businesses are currently operating within the City of Buffalo without prior notice or information being provided to the Common Council; and Whereas: District Councilmembers field numerous complaints from constituents concerning the operation of some of these businesses; and Whereas: Common Council Members should be aware of all business operations located within their respective Council Districts and should also be involved in the approval process for the issuance of their business license; and Now, Therefore Be It Resolved: That the Common Council hereby requests that the Corporation Council research the legality of having all New Business License Applications requiring a Zoning Approval also require Common Council Approval and if legal prepare all necessary ordinance amendments in order to affect this requirement. FF T THE 1!7 "FEE E ON LEGISLAMN V-A 5� 16 �-tcw G �n mkA p Bonnie E. Russell i� 20 L tio t Resolution By: Bonnie Russell Whereas: Currently, the Ordinances of the City of Buffalo allow for various Business Licenses to be issued within the City of Buffalo without any approval by the Common Council; and Whereas: Many businesses are currently operating within the City of Buffalo without prior notice or information being provided to the Common Council; and Whereas: District Councilmembers field numerous complaints from constituents concerning the operation of some of these businesses; and Whereas: Common Council Members should be aware of all business operations located within their respective Council Districts and should also be involved in the approval process for the issuance of their business license; and Now, Therefore Be It Resolved: That the Common Council hereby requests that the Corporation Council research the legality of having all New Business License Applications requiring a Zoning Approval also require Common Council Approval and if legal prepare all necessary ordinance amendments in order to affect this requirement. �t Bo nnie F. Russell lY'i� i 51 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 By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for By Councilmember In Memoriam for J L - 0ovj o ('A " I By Councilmember s , Ft,- r , �uz" V- y c-' cN c k- �Vt C R LU fN L w se- ADOPTED 1 'I ,1 J - IN MEMORIAM JAMES EDWARD DONOVAN At the regular meeting of the Common Council of the City of Buffalo, held on Tuesday, September 19, 2006, the following resolution was unanimously adopted, sponsored by Councilmember Michael P. Kearns: Whereas: On August 17, 2006, Almighty God, in His infinite wisdom, has removed from our midst James Edward Donovan in whose death we have lost 'a sincere and loyal citizen; his community, a valued and respected businessman and friend; and his family, a kind and devoted member; and Whereas: James Edward Donovan was born in Buffalo, New York, on June 1, 1917. He served in the United States Army during World War II, was captured by German soldiers in the summer of 1944 and was confined to a prison camp for eleven months before he was liberated. He received the Purple Heart, designated as the Badge of Military Merit, for a leg wound he suffered while in the service; and Whereas: Mr.'Donovan was owner of Donovan's Five and Dime, a store located on South Park Avenue until 1970. He was known to always treat his customers and employees with dignity, respect and appreciation. In 1962, he became a toll collector for the New York State Thruway and carried on this same work ethic until his retirement in 1982; and Whereas: Mr. Donovan was also active in his community. He was a past president of the South Buffalo Business Association, a member of the Knights" of Columbus and,a "member of the Holy Name Society at St. Ambrose Catholic Church; and Whereas: James Donovan met and married the late Marcella Hazlett, shared 57 years together, and from this union, came four sons, Dennis, Michael, Kevin and Thomas; and two daughters, Mary Ellen and Sheila. Jim will always be loved and remembered as the cherished grandfather of Ryan, Colleen, Mary Kate, Lexie and Chessa. Now, Therefore Be It Resolved: That this Common Council of the City of Buffalo mourns the passing of our worthy and beloved friend, James Edward Donovan, and extends this expression of heartfelt sympathy to his family in this, their sad bereavement. Michael P. Kearns David A. Franezyk Gerald Chwalinski South District Councilmember Council President City Clerk 51 No. #"() () f. l 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 ma.- [ v By Councilmember —,- 4—,,,, Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for By Councilmember In Memoriam for By Councilmember ADOPTED -� q,4 ti BY: ANTOINE M. THOMPSON y 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 Christine Ruggiero Kevin Linder Kathleen Harrington TOTAL 3 x 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. Tuesday, Oct. 10, 2006 at 9:45 o'clock A.M. Tuesday, Oct. 10, 2006 at 10:00 o'clock A.M. Tuesday, Oct 10, 2006 at 1:00 o'clock P.M. Tuesday, Oct 10, 2006 at 2:00 o'clock P.M. Monday, Oct. 16, 2006 at 10:00 o'clock A.M. (Public Disclaimer All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification it will be provided. In addition, there maybe meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. 53 ly () 0 1 G "I MM Adjournment r On a motion by Mr. Bonifacio, Seconded by-AUg.-Rtell, the Council adjourned - 3- at GERALD CHWAUNSKI CITY CLERK