Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
06-1226
CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, DECEMBER 26, 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 December 12, 2006 were approved. [ ------------- ] [ MAJ - 5 ] [ 2/3 - 6 ] [3/4- 7] *A * NO BONIFACIO * * * DAMS * t` FONTANA * * * FRANCZYK GOLOMBEK * * * f KEARNS * !* r * LOCURTO 1 7 , RUSSELL * * * THOMPSON * * * * * * * * * * 9 * 0 * * * 0 - 4 FROM THE MAYOR C -°,- TO: THE COMMON COUNCIL DATE: December 21, 2006 FROM: DEPARTMENT: EXECUTIVE DIVISION: MAYOR SUBJECT: (: Appoint Janet E. Penksa (: Commissioner - Department of Administration, (: Finance, Policy and Urban Affairs Pursuant to § 10 -2 of the Charter of the City of Buffalo, I hereby appoint Janet E. Penksa, 20 Wingate Avenue, Buffalo, NY 14216 to the position of Commissioner of Administration, Finance, Policy and Urban Affairs of the City of Buffalo at a salary of $104,000. I have attached Ms. Penksa's resume for Your Honorable Body's review. Most recently, Ms. Penksa was an associate with Hinman Straub, P.C. advocating on behalf of several municipal and not - for - profit clients at the NYS Legislature as well as state agencies. Ms. Penksa has extensive fiscal and budget management experience including positions as Fiscal and Budget Analyst, Deputy Fiscal Director, Director of Budget Studies and Fiscal Affairs, and Secretary to the New York State Assembly's Ways and Means Committee. Ms. Penksa has also served as Associate Vice President at the University at Buffalo and is a past director of the Erie County Fiscal Stability Authority. Ms. Penksa earned a B.A. in Political Science in 1981, a Masters in Public Policy and Administration in 1983, and is currently completing a Ph.D. in Geography, with an economic specialization, at the University at Buffalo. I hereby certify that Janet E. Penksa is well qualified to discharge the duties of Commissioner of Administration, Finance, Policy and Urban Affairs of the City of Buffalo, and I am proud to appoint her to this position. I urge this Honorable Body to confirm Ms. Penksa as the Commissioner of Administration, Finance, Policy and Urban Affairs at its earliest opportunity. TYPE DEPARTMENT HEAD NAME: Byron W. Brown TYPE TITLE: Mayor SIGNATURE OF DEPARTMENT HEAD: Janet Penksa 20 Wingate Avenue Buffalo, New York 14216 EDUCATION Ph.D. Geography, Economic Specialization, University at Buffalo (in progress). M.P.A. 1983, Public Policy and Administration, State University of New York at Binghamton. B.A. 1981, Political Science, State University of New York at Binghamton. PROFESSIONAL EXPERIENCE Associate, Hinman Straub, P.C. November, 2005 — present. Provide legislative and state agency representation for a variety of not -for profit clients. Areas of expertise include budget, finance, economic development, and education. Accomplishments on behalf of and in partnership with clients included: significant state appropriations for the City of Buffalo, the Buffalo Niagara Medical Campus and the State University of New York at Binghamton; development of the New York State RESTORE program, a $300 million program for property demolition and renewal in urban areas. Director, Erie County Fiscal Stability Board 2005. New York State Comptroller's appointment to a seven member board charged with advising and ensuring budgetary balance and prudent fiscal management for Erie County. Associate Vice President, University at Buffalo December, 1998 — November, 2005. Directed UB's Office of Government Affairs and actively contributed to the University's strategic direction and planning activities. Responsible for developing University proposals (project and financing strategies) leading to government and corporate funding. Represented the University on budgetary and other major issues and advanced the University's agenda in Albany and Washington. Major state accomplishments included: • Establishment of the New York State Center of Excellence in Bioinformatics and Life Sciences, including obtaining approximately $100 million in state funding. • Active participation in leveraging funds for other buildings and projects supporting the life sciences complex on the Buffalo- Niagara Medical Campus. • Supporting the award of a $1 million state grant to UB's School of Public Health from Health Care Reform Act funding to develop a pilot program and program evaluation for workplace wellness. • Establishment of the New York State Center for Engineering Design and Industrial Innovation at UB, which included multi - million dollar funding for the Center. • Successfully influencing major state legislation, including the creation of the: The NYSTAR program, resulting in UB's designation as a STAR Center in Drug Design and Therapeutics, and; The recently established New York State Foundation for Science, Technology and Innovation. • Securing nearly $52 million in capital construction funds, including: $27 million to move UB's School of Pharmacy to its Main Street Campus, $25 million for a new building for UB's School of Engineering. Major federal accomplishments include: • Securing $27 million in federal funding for the life sciences • Renewing approximately $10 million in federal funding for UB's Earthquake Center Vice President, The Center for Health Policy Studies (CHPS Consulting) January 1998 - November 1998. Responsible for supporting the firm's efforts in assisting health and human services providers with strategic business planning, managed care development, finance, budget and reimbursement systems and government relations strategies. Secretary to the Ways and Means Committee, New York State Assembly 1993 - 1998. Lead negotiator and chief advisor to New York State leadership for all fiscal and economic matters. Responsible for final preparation of New York's budget, which at the time, totaled $67 billion. Managed a large professional staff in economic, revenue and expenditure forecasting, statistical modeling, financial plan variance analysis, research and policy development, which resulted in major state legislation and, in some years, over $1 billion in financial plan expenditure savings and revenue opportunities for budget priorities. Developed and negotiated Assembly legislative agenda with the Governor, Senate Majority Leader, Mayor of the City of New York, and other local governmental officials, as well as interest groups. Directed program evaluation efforts, concentrating on the financing of public goods and program efficiency. Director of Budget Studies and Fiscal Affairs, New York State Assembly, Committee on Ways and Means 1990 - 1993. Responsible for formulating and negotiating the state's budget, including monitoring and projecting revenue and program expenditures, developing innovative financing structures, calculating program financing needs, and evaluating program implementation for all State agencies. Deputy Fiscal Director, New York State Assembly, Committee on Ways and Means 1989 - 1990. Supervised economists and policy analysts in the forecasting of state revenues. Researched, developed and negotiated legislation in the areas of state and local tax policy, economic development, fiscal management and investments, state aid to local governments and municipal finance, including legislation and special analysis of New York City's financial plan and various local financial control boards. Fiscal and Budget Analyst, New York State Assembly Committee on Ways and Means 1983 - 1989. Responsible for modeling and forecasting tax receipts and expenditures, evaluating municipal requests for state financial assistance and bonding authorization, reviewing economic development loans from state public authorities for financial assistance, and developing and drafting legislation. Analyzed state agency budget requests and determined program and funding levels for social service and regulatory agencies. Graduate Scholar, New York State Assembly 1983. Assisted professors in charge of the academic curriculum for the Assembly Intern Program and conducted research projects for the Assembly Ways and Means Committee. Teaching Assistant, State University of New York at Binghamton 1981 -1982. Taught classes and led review sessions for the University's Political Science Department in the areas of American Politics and Political Theory. ADDITIONAL BOARD MEMBERSHIP Erie County Cultural Resources Advisory Board, January 1999 to 2001. f. f BUDGET AND PUBLIC POLICY EXPERIENCE • Led budget development and negotiations for five New York State Budgets on behalf of the NYS Assembly and participated in 10 others in management and analytical roles. Areas of particular focus for this work included expenditure and revenue forecasting, education and higher education funding packages, municipal finance and local financial control boards, the real property taxes, health care financing, arts and cultural affairs funding and multi- billion dollar transportation funding packages. • Developed and implemented an ongoing economic forecasting and budget analysis program, resulting in publication of periodic reports on the economy and other fiscal issues. • Formulated research agenda for legislative leaders on major public policy and fiscal issues. • Advised local government officials on finance and budget strategies. • Actively participated in the design and development of a significant number of state programs established in law, most recently the NYS RESTORE program for urban renewal. • Directed an agency wide strategic planning process on behalf of the leadership of a large, regulatory agency, culminating in the adoption of a new five -year strategic plan. • Guided legislative development and local board adoption of legislation to create public benefit corporations for public hospitals. • Project Director for enacting major new laws for public hospitals in New York State to allow these entities to compete effectively in the changing health care market by modernizing their corporate structures. Buffalo YWCA Leadership Executive Award, 2005. SUNY Binghamton, First Annual Alpha Award for Distinguished Ethical and Innovative Public Service, 2001. UNIVERSITY COMMITTEES University at Buffalo: Academic Support Committee, Team leader for UB 2020 Metrics and Benchmarking Group, 2005. University at Buffalo: Project leader for University, Government and Industry Projects Task Group, 2004. SELECTED PUBLICATIONS Report of the Fiscal Committees on the Executive Budget Annual report on the Executive Budget produced jointly with the Senate Finance Committee summarizing the State budget as finally enacted. April 1984 through August 1997. Perspectives from the New York State Assembly's Committee on Ways and Means Series of occasional papers on select topics of current interest to the State. (e.g. "Trends in Medicaid Spending in New York State ", March 1997 and "Revitalizing the New York State Economy ", January 1994). New York State Economic and Revenue Report Annual staff report on the Ways and Means Committee's economic and revenue forecast for the upcoming State fiscal year, March 1988 through March 1997. Statistical and Narrative Summary of the Executive Budget Annual staff report on the Governor's budget submission, January 1984 through January 1997. Economic Update from the New York State Assembly's Ways and Means Committee Monthly report on the State economy, March 1993 through April 1994. Fiscal Change Financial Sense: Budgetary and Financial Reform in New York State New York State Assembly, Committee on Ways and Means, February 1989. Managing Local Investments: Pooling Opportunities for New York New York State Assembly, Committee on Ways and Means, June 1987. 4 Mr. Bonifacio moved: That the communication from the Office of the Mayor, dated December 21, 2006, be received and filed; and That the Common Council, pursuant to Article 10 Section 2 of the City Charter does hereby approve and confirm Janet E. Penksa, 20 Wingate Avenue, Buffalo, New York 14216, for the position of Commissioner of Administration, Finance, Policy, and Urban Affairs. Passed. PJS:rmv J a N •1 .1• �D *1 +N +t O F� F • *1 • I!) FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 14, 2006 FROM: DEPARTMENT: STRATEGIC PLANNING DIVISION : Real Estate SUBJECT: [ :ARTVOICE PROJECT [ :PORTION OF 667 MAIN STREET JM, LLC — REDEVELOPER PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) The City of Buffalo Urban Renewal Agency (hereinafter referred to as "Agency ") duly designated JM, LLC (hereinafter referred to as "Redeveloper) and /or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper of the properties known as a portion of 667 Main Street. JM, LLC has submitted a request to purchase the center and rear portions of the Glenny Building located at 667 Main Street, to house the Artvoice newspaper operations. The Youth Hostel occupies the remainder of the building. Since this building has always been used for a single occupant, in order to accomplish the project, without separating all of the utilities, a variance was sought and approved by the New York State Department of State. JM, LLC has agreed to undertake the rehabilitation and redevelopment of the property. Due to federal restrictions currently on the property, it is recommended that the property be leased for a period of ten years. The rent would be $9780 /year. In addition, the tenant would be responsible for all utility costs as well as the proportionate share of any taxes or other impositions assessed against the property. At the end of the tenth year, JM, LLC would be permitted to acquire the parcel for $1.00. The ability to purchase the property will be contingent upon JM, LLC fully complying with the terms of the Lease Agreement and Artvoice remaining in full compliance with the terms and conditions of a $500,000 loan from the Buffalo Economic Renaissance Corporation. I am hereby requesting that the Council Board authorize the Agency to enter into a Lease Agreement pursuant to said terms. The Agency has also determined that the terms of the proposed Lease Agreement is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, 1 have f_ taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Approving Resolution After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the Agency enter into a Lease Agreement with Redeveloper. REFERRED TO THE COMMITTEE ON SIGNATURE OF DEPARTMENT HEAD: TYPE DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TYPE TITLE: Executive Director REFERRED TO THE COMMITTEE -r.' COMMUNITY L T°Q # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 1� TO: THE COMMON COUNCIL: FROM : Dennis Sutton DIVISION: DATE: December 26, 2006 J DEPARTMENT: Office of Strategic Planning SUBJECT: [: PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. 289, C.C.P. 07/20/04) TEXT: (TYPE SINGLE SPACE BELOW) Contract Award 59 Memorial Drive Environmental Assessment The City of Buffalo plans to undertake a Phase I /II environmental assessment at the 59 Memorial Drive property. The City will be reimbursed for 100% of the allowable costs of the project through funding from the City's EPA Brownfield'Pilot Project grant. The City is the current owner of the property. The City has advertised for, received and reviewed bids to undertake the Phase I /II assessment of the 59 Memorial Drive property. The received bids for the Phase I are as follows: Four firms were shortlisted and submitted unit rates for use on the Phase II assessment, as follows: Labor Lump Sum Technical Rating ■ The Leader Group $ 1,600.00 74 • Atlantic $ 1,700.00 59 • TVGA $ 1,900.00 89 • Benchmark Environmental $ 2,200.00 90 • Panamerican Environmental $ 2,400.00 88 • GZA Geoenvironmental $ 2,500.00 76 • EMG $ 3,750.00 10 • ERM- Northeast $ 4,000.00 51 • LiRo Engineers $ 4,900.00 84 ■ Foit- Albert $ 4,970.00 70 • Emteque none given 18 Four firms were shortlisted and submitted unit rates for use on the Phase II assessment, as follows: Labor Rates Lab costs geoprobe • The Leader Group $30 - $100 /hr $650 /per $1,260 /day • TVGA $45 - $145 /hr not given $1,100 /day • Benchmark Environmental $33 - $128 /hr $385 /per $900 /day • Panamerican Environmental $30 - $85 /hr $525 /per $900 /day It is understood that funds are available for this project from the City's environmental remediation bond account #38310206. Based on their qualifications, expertise and understanding of the project scope I respectively request that your Honorable Body authorize that the contract to undertake the Phase I /II assessment of the 59 Memorial Drive property be awarded to Benchmark Environmental Engineering & Science, PLLC and to further authorize the Mayor to execute a contract with Benchmark Environmental. TYPE DEPARTMENT HEAD NAME: Timothy E. Wanamaker TYPE TITLE: Executive Director SIGNATURE OF DEPARTMENT HEAD: Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 26, 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 59 Memorial Drive, Environmental Assessment for Phase VII assessment, to Benchmark Environmental Engineering & Science, PLLC, the lowest responsible bidder. Funds for the project are available in the City's environmental remediation bond account #38310206. Passed. 3 PJS:rmv t: \wp60\msword \rmv\3c 12- 26a.doc d O► to rr +1 •1 � O +i •i + � d O O +i+ +I+ sl• •1• •1• • s • # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL. DATE: December 21, 2006 FROM: DEPARTMENT SUBJECT: Office of Strategic Planning Buffalo Preservation Board Encroachment into City ROW 448 Delaware Avenue ( #17 CCP Dec. 12, 2006) Ellicott District PRIOR COUNCIL REFERENCE: TEXT: (TYPE SINGLE SPACE BELOW) Mr. Matthew Moscati, owner of the property located at 448 Delaware Avenue, presented the proposal to install a stone wall with iron railing within the City right -of -way at the above captioned property�to the Buffalo Preservation Board on December 14, 2006. The Buffalo Preservation Board approved a Certificate of Appropriateness for the proposed work as follows: • Construct a +/- 20" h. x 110 LF garden stone wall with pre -cast or limestone coping not less than 5" on its face at front of property, surrounding three (3) sides of existing landscaped area with a +/- 20" h. black wrought iron fence on top of the length of the wall If you have any questions, you may contact Thomas W. Marchese, Executive Secretary at 851 -5029. MM CFG: tm cc: A. Gerstman, Esq., Rm. 1101, Councilmember Davis, Rm. 1408, Preservation Board Files TYPE DEPARTMENT HEAD NAME: Christopher F. Guerra TYPE TITLE: Act's Ch ' rm n 1 SIGNATURE OF DEPARTMENT HEAD: ci ( # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 21, 2006 FROM: DEPARTMENT: Office of Strategic Planning Buffalo Preservation Board SUBJECT: "C. Van Ness — Preservation Coalition of Erie Co., Concerns — 399 Franklin St. (#45 CCP Dec. 12, 2006) Ellicott District PRIOR COUNCIL REFERENCE: TEXT: (TYPE SINGLE SPACE BELOW) 1 am Christopher F. Guerra, AIA & currently hold the Planning seat on the Buffalo Preservation Board. Back in the year 2000, the Board was notified that the owner of 399 Franklin St. wished to demolish the structure at 399 Franklin St. due to the deteriorating conditions of the property. 399 Franklin St. is a c. 1867, 2 -story, brick Italianate style residence originally built for Cornelius Horton. This building is not a locally designated landmark, but certainly is a contributing building located within the Allentown Local Historic District. Six years ago the owner of record, Ralph Salerno, came before the Preservation Board and requested that the Board approve the demolition of 399 Franklin St. Mr. Salerno presented a plan for the property, if demolition were approved, which was basically a grassed lot with a couple of trees & bushes. The Board was very concerned that an empty lot would have a negative visual impact on the historic district & the surrounding neighborhood & expose the side of 401 Franklin St. which is a basically a blank, 2 -story fagade that was never intended to be visible from the street. The Board agreed to tour the site & visually inspect conditions of the building. At the time there were three (3) architects on the Preservation Board but not an Architectural Historian. After the site visit, the Board concluded that the telescoping rear portions of 399 Franklin St. were in serious deteriorating condition, but the original front section of the house was in good condition. The Preservation Board denied the proposal to demolish the building for an empty landscaped lot. The Board informed the owner that without a suitable replacement for the building, the Board could not accept or consider demolition given the fair condition of the front portion of 399 Franklin St. The Board did agree, however, to establish a Design Review Committee comprised of Board members John Laping, Dennis Masters and myself. Mr. Salerno indicated that he was planning to expand his existing printing company at 401 Franklin St. in the future, but currently did not have the means to do so. The Board informed Mr. Salerno that the Design Review Committee was ready to meet with him when ever he was ready with expansion plans & that he should study the possibility of rehabbing the front section of 399 Franklin St., demolishing the rear portion & building a new addition in the rear. He agreed to consider that. The Review Committee later met with the owner & his architect to look at their studies for expansion. The architect & owner stated they looked at the possibility of saving the front portion of 399 Franklin St. for their printing operations & offices. They indicated that because of the 3 to 4 foot floor elevation difference between his current printing shop & the front of 399 Franklin St. & for the operation of his business the level changes would not work & the area behind the house would not be enough for the reasonable expansion of his business. He also stated that there was just too much floor area in the older structure to use it just for his offices. The architect presented plans for a new structure that was setback from the street & void of windows. The Committee indicated that the design was not compatible in scale, material & placement to the existing printing shop & that the architect should consider moving the delivery operation to the new addition, removing the cedar shingle canopy over the existing print shop, bringing the face of the addition out to the street, increasing the height of the parapet, adding more windows on the west & south elevations & using a brick masonry similar in scale & color to the original. Both parties agreed to make adjustments to the design. While making changes, the owner came across an old drawing of 401 Franklin St., which was the original design for the street elevation. They indicated they would like to restore the fagade of Franklin St. back to its original look & bring back some of the missing windows. The new addition would have similar brick corbelling details & window fenestration. The Committee was enthusiastic about the restoration of the fagade & the other design changes made based on the recommendations of the Design Review Committee. The Committee told them to proceed with the plans, met one more time & agreed they were ready to present their proposal to the Buffalo Preservation Board. And after a six (6) year process, the Board felt that we had a plan & design that would warrant the demolition of 399 Franklin St. I hope this clarifies some of the history behind the proposal to demolish 399 Franklin St. & expand this printing operation in Allentown. If you have any questions, you may contact Thomas W. Marchese, Executive Secretary at 851 -5029. CFG: tm cc: A. Gerstman, Esq., Rm. 1101, Councilmember Davis, Rm. 1408, Preservation Board Files TYPE DEPARTMENT HEAD NAME: Christopher F. Guerra m� TYPE TITLE: Acting Chairmap SIGNATURE OF DEPARTMENT HEAD: RECEIVED AND F 15 FROM THE PRESIDENT OF THE COUNCIL Q M &T Mortgage Corporation A SUBSIDIARY OF M &T BANK • Over 140 Years Of Evper1ewe 13ebind Us November 22, 2006 ATTN: Mary 11. Baldwin Common Council City of Buffalo 65 Niagara Square Room 1413 Buffalo, NY 14202 Re: Resolution to Block Loans for Out of Town Landlords Dear Sirs: Richard D. Jachimiak Vice President Risk Management/ Community Reinvestment/ Finance One Fountain Plaza Fifth Floor Buffalo, NY 14203 -1495 Phone (716) 848 -3433 Fax(716)848 -3635 E -Mail: RJachimiak @MandTBank.com In her letter dated November 15, 2006, Legislative Staff Member Mary H. Baldwin ad- vised that the Common Council passed a resolution asking lending institutions to provide "a response in regards to their policy in assigning loans to out of region, state or county investors whose intention is to purchase income property in the City of Buffalo." Please be advised that M &T Mortgage Corporation does not place specific geographic restrictions on applicants who apply for mortgages for properties located within the City of Buffalo. M &T Mortgage Corporation follows well - established underwriting guidelines in deter- mining the creditworthiness of applicants for mortgages that go well beyond "the appli- cant's ability to pay back the loan." These guidelines take into consideration the appli- cants' income, the likelihood of the continuance of that income, job history, credit back- ground, assets, and liabilities. They also require an assessment of the property being fi- nanced and a determination of what the requested loan amount is relative to the appraised value of the property. We assess the likelihood of the applicants making payments when due, the risks of default, and the potential recovery in case of a default. This analysis would also limit the number and amount of mortgage loans an individual applicant will qualify for. To the best of our knowledge the absentee landlords that the Counsel has a concern about have not financed their purchases through M &T Mortgage Corporation. S erely, ' Richard D. J miak RECEIVED FILED �} 1 U° 1 December 7, 2006 Common Council 65 Niagara Square, Room 1413 Buffalo, New York 14202 -3318 Attention: Mary H. Baldwin, Legislative Staff Manager Dear Mary, Greater Buffalo Savings Bank's lending policy is consistent with other institutions that sell loans to the government sponsored entities (GSE's), FNMA and FHLMC. That is, our underwriting is focused on the borrowers willingness to repay after a careful review of the borrowers income, assets and credit history along with a review of the subject property appraisal. Greater Buffalo Savings Bank does not differentiate between local and out of town investors, however, we would consider any concerns relative to granting credit to any "known" slumlord. Please feel free to contact me at (716) 961 -2019 if further information is necessary. Sincerely, f� Lawrence A. Schiavi Executive Vice President LAS /je RECOVED AND HL Your worth more here. Main & Jewett Parkway 1 2421 Main Street 1 Buffalo 1 New York 14214 1 ph 716 854 4272 fix 716 842 0843 1 gbsb.com x �...,� i. �. .�" c`v- vd,c -._ i � .., y .. "z_. f. �. � i , .�. ,� �_ v .� � < �_ � _ � ��� _ � ✓, r, .. ,,, .... � �� ._. � �.. ,. �. ,. _ � ,._.�_ � .._.,. � , ,.� -. � %� _. � k .x,�..� � � �s cu- 19 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS d ,` #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 11, 2006 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: [: Notification Serial # 10147 [: Install Stop Sign [: in West Ferry Street [: at Norwood Avenue [: (Delaware District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. ( Item No. xxx, C.C.P. xx/xx /xx STOP SIGNS - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS (ALL WAY) VEHICLES ON West Ferry Street SHALL STOP BEFORE ENTERING Norwood Avenue This action is being taken as a result of an investigation into the accident history of this intersection precipitated by a written request for all -way stop control. The results of this investigation indicate that this intersection meets criteria established by the Federal Highway Administration and the New York State Manual of Uniform Traffic Control Devices for the establishment of multiway stop applications. JNG /DEK/EDS TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: (ns 10147.doc) Daniel E. Kreuz, P.E. #1 (Rev. 7/00) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 18, 2006 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. ( Item No. xxx C.C.P. xx/xx/xx NO STANDING - REPEAL [: Notification Serial #10148 [: No Standing School Days - Repeal [: on Hertel Avenue, south side [: between Saranac Avenue [: and North Park Avenue 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 repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Hertel Avenue, south side 8:00 a.m. - 4:00 p.m. between Saranac Avenue School Days and North Park Avenue This action is being taken at the request of the District Councilmember.(see next serial) JNG /DEK/EDS /RWS TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: City ngineer 1 SIGNATURE OF DEPARTMENT HEAD: (HwC1StW,p.C,Rep.1) #1 (Rev. 7/00) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 18, 2006 FROM: DEPARTMENT: Public Works, Parks, and Streets DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. ( Item No. xxx C.C.P. xx /xx/xx NO STANDING - INSTALL [: Notification Serial #10149 [: No Standing School Days - Install [: on Hertel Avenue, south side [: between Saranac Avenue [: and North Park Avenue [: Delaware 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 15 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 Hertel Avenue, south side 7:00 a.m. - 4:00 p.m. between Saranac Avenue School Days and North Park Avenue This action is being taken at the request of the District Councilmember.(see previous serial) JNG /DEK/EDS /RWS TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: (AeuelStMargamt'sLtslall) t' ,( vC �-js l_.)/�yS C H, VED A FLED SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 20, 2006 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Commissioner's Office SUBJECT: Apollo Media Center PRIOR COUNCIL REFERENCE: CCP Corn 29. June 13, 2006 - Apollo Media Employees - Agreement with Wellness Institute Your Honorable Body is requested to extend the current agreement with the Wellness Institute of Greater Buffalo & Western New York and this Department for the administration of the Apollo Media Center to March 31, 2007. We would like additional time to prepare a long -term operational plan for the Apollo. t .- { F TO FE�RED Department Head Name: Joseph N. Giambra Title: Commissioner of Public Works Parks & Streets r -� •� of ew Left I Mal ! ! ! ! ! ! ! ! ! ! ! �p O #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 18, 2006 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Commissioner's Office SUBJECT: (: Home Owner Waterline Repairs PRIOR COUNCIL REFERENCE: (IF ANY) [: Item No. 112, C.C.P. 11/29/05 Ex. (Item No. xxx, C.C.P. xx /xx /xx) At their November, 2006 meeting, the Buffalo Water Board discussed the proposal to accept responsibility for maintenance and replacement of all service lines. The Board decided, because of the additional cost of taking on this responsibility, they could not accept such a proposal. The Board estimates that this proposal would require a minimum five percent rate increase. TYPE DEPARTMENT HEAD NAME: Joseph N. Giambra TYPE TITLE: Commissioner of Public Works, Parks and Streets a SIGNATURE OF DEPARTMENT HEAD: Aa.,4 �- JNG /cmg --E TO THE COMM ITTEE ON F INANCE. #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 21, 2006 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: Increase in Contract — Abby St. Soil Removal [: Visone Construction [: Contract # 92011217 PRIOR COUNCIL REFERENCE: (IF ANY) [: I hereby submit to Your Honorable Body the following increase in contract for excavation, loading, hauling and dumping of contaminated soils excavated from the Abby St. right of way, Visone Construction, contract # 92011217 Hourly rates for labor and equipment to load, haul and dump contaminated soils from Abby St. right of way. Test results show that the excavated soils are not hazardous and can be disposed of as normal solid waste (garbage). • (6) dump trucks on (8) hour days • (1) bulldozer on (8) hour days • (2) front end loaders on (8) hour days Estimated quantity of soils being disposed of as solid waste in Modern Landfill, Lewiston, NY is 6,000 cubic yards and total costs are not expected to exceed $75,000.00 for Visone's operations. Permission is being requested from Your Honorable Body to issue a change order to Visone Construction not to exceed $75,000 as set forth above. Funds are available in Capital Project Accounts # 53023517 and 30032106. A contract summary is as follows: • Existing Contract Amount $187,473.00 • Amount This Change $ 75,000.00 (not to exceed) • Revised Contract Amount $262,473.00 (not to exceed) TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: City ngineer SIGNATURE OF DEPARTMENT HEAD: Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 21, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Visone Construction, an increase in the amount of $75,000.00 (not to exceed), as more fully described in the above communication, for work relating to Abby Street Soil Removal, C #92011217. Funds for this project are available in Capital Project Accounts #53023517 and 30032106. Passed 11 PJS:rmv t: \wp60\tnsword \:rmv \I 1 c 12- 26a.doc J Q� to O C O 1 1�►1# • ! O • !I •is lls, *Is •�• • • O • • #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 20, 2006 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT t [: Johnson Park [: Parking Within Right of Way [: 24 Johnson Park [: Signature Development PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. ... C.C.P. ... ... Rocco R. Termini of Signature Development has requested permission to utilize City right of way on Johnson Park for a parking area. The parking area would be located on the south side of Johnson Park beginning at Elmwood Avenue and extending approximately 350' east. This portion of Johnson Park would remain open to thru traffic but the parking lane would be restricted to exclusive use by Signature Development tenants. The area reserved for Signature Development parking would be approximately 8'x 350' (2,800 suare feet ). The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413 -67 (Encroachment Regulations) of the City Charter and has no objections to the proposed encroachment and proposed usage as it will have no impacts on traffic flow or safety on this low volume street segment. Therefore, the Department of Public Works, Parks and Streets has no objection to your Honorable Body authorizing the Commissioner to issue a "Mere License" for the use of City right of way as a parking area provided the following conditions are met: That the applicant obtain any and all other required City of Buffalo permits. 2. That the applicant be responsible for maintenance of the parking area within City right of way. 3. That the applicant be charged any fee established for similar situations wherein City right of way is utilized as a parking area. 4. That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67(F) of the City Charter. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use or removal of said parking area. JNG:DEK:jaz TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: City Engineer c Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 20, 2006, be received and filed; and That the Department of Public Works is authorized to issue a license to Signature Development for encroachment on City Right of Way at 24 Johnson Park. Compliance with all applicable codes and law is required. The Commissioner is authorized to remove the encroachment at any time in accordance with applicable law. Passed 12 PJS :rmv t:Awp60 \msword \:rmvAI l c12- 26a.doc .- %F"p -op.% J Q�� 0 .•i•!� •ia i!• •!• its •!• il• •!• • • •!• • O •!•1• o O SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 20, 2006 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Commissioner's Office SUBJECT: Obsolete Equipment PRIOR COUNCIL REFERENCE: The Office of Telecommunications, Utilities and Franchises has some equipment that is obsolete or too expensive to repair that it would like to dispose of. The list is attached. We believe that it would be too costly to advertise its availability, plus it is specialized equipment that would be useful to very few people or companies. We would like to solicit bids from entities who might wish to purchase the entire lot in "as is" condition. We would like to post a notice about its availability at the Apollo, place a message on the Buffalo TV Billboard, and contact some local companies who might have use for such items. They would be given the opportunity to physically examine the equipment, and then submit sealed bids. The results would be submitted to this Honorable Body for approval. We anticipate that this will generate several hundred dollars, which would be deposited into the PEG trust and agency account. Att. Department Head Name: Joseph N. Giambra Title: Commissioner of Public Works Parks & Streets Signature of Department Head: Old Equipment Panasonic 7500A Super VHS Sony SVP -5600 Sony VO -560 Kramer VM -95 Vidio - Audioline Amplifier Denon DN -60OF Commodore 2000 HD Edit Sony VCR V251 Sony VP -700 video player Sony VP -7020 Sony VO- 5850 JVC RS_2000 remote control unit JVC RS_2000 remote control unit JVC RS_2000 remote control unit Videotek USG -201 Autopatch 4X distribution matrix Sony Cassette Player HXPro Sony Dual Cassette Player TC -W233 Sharp Monitor 8 inch Denon DN -60OF CD Player Autopatch Sony SVP -9000 SVHS Sony VCR EVO -9800A Panasonic 7510 SVHS Videonics MXPro digital matrix Microline 184 turbo 9 pin Printer ( New ) Serial No. 35994 486'10 28320 47599 2021518859 30764 48625 48624 36308 13753225 6651789 13753231 36584 36582 36331 25682 36015 2021518859 36581 11840 35993 Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 21, 2006, be received and filed; and That the Office of Telecommunications, Utilities and Franchises is authorized to solicit bids to purchase obsolete equipment from the City of Buffalo, and that the results be submitted to the Common Council for approval. Passed 13 PJS:rmv A - - vo►u •I •I • O d Ol O O • t SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 12 -12 -06 FROM: DEPARTMENT: Public Works, Parks & Streets SUBJECT: [:Request Permission to Purchase Vehicles [: and Equipment L PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. ? xW xx, Our department is requesting permission to buy several new trucks and equipment for our Streets Division. Vechicles and equipment to be purchased are as follows: 1) (3) Dump & Salt Sreader Bodies with Accessories 2) (2) Full Leveling Wing Plows, Right Side, Installed for use with Dump Trucks 3) (1) Goodall Jump Start Unit Funds for these purchases will come from the following accounts: 52002607 - 474100 30032106- 445100 DEPARTMENT HEAD NAME: Joseph N. Giambra TITLE: Commissioner Cost: $ 95,274.00 $ 12,550.00 $ 6,244.00 SIGNATURE DEPARTME HEAD TITLE: COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS . l Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 12, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to purchase new trucks and equipment as more fully described in the communication. Funds for these purchases are available in 52002607- 474100, 30032106- 44510. Passed. 14 PJS:rmv tAwp60 \msword\rmv \14c 12- 26a.doc 1 f 1 vr�rvr �D �►I !1 +R O !1 !1 ! i 01 !1 ! •1 !1 !i *' !1 !1 ! of !1 ! ! ! ! 1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: - DATE: 12 -7 -06 FROM: DEPARTMENT: Public Works, Parks & Streets SUBJECT: [:Request Permission to Purchase Vehicles [: and Equipment G G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxtxx/xx) Our department is requesting permission to buy several new trucks and equipment for our Streets Division. Vechicles and equipment to be purchased are as follows: 1) (4) Elgin Street Sweepers 2) (9) Tandem Axel Truck Chassis for Refuse, Snow Plowing and for use with Dump Trucks City Contract #7253 3) (4) John Deere Front End Loaders with Reversible Plows and Multi- purpose Buckets City Contract #7257 4) (10) Reversible Henke 10' Snow Plow Blades City Contract #7201 5) (2) Small Dump Trucks with Plows and Salt Spreaders 6) Van properly equipped for transport of small animals Cost: $520,000.00 $590,436.00 $491,980.00 $ 70,000.00 $131,000.00 $ 30 ,000.00 7) (1) Holding and transport cage to be used at the Buffalo Animal Shelter $ 1,000.00 Funds for these purchases will come from the following accounts: 15050007 - 474100 15050007 - 474200 DEPARTMENT HEAD NAME: TITLE: 52002607 - 474100 30032106 - 445100 52002607- 474200 Joseph N. Giambra Commissioner SIGNATURE DEPARTMENT HEAD TITLE: COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS p `� Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 7, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to purchase new trucks and equipment as more fully described in the communication. Funds for these purchases are available in the accounts as listed above. Passed. 15 PJS:rmv tAwp60\msword\rmv \15c 12- 26a.doc at to O #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 20, 2006 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: Resolution for N.Y. State Multi Modal Grant [: P.I.N. 5ME017.30A [: Abby Street Extension - $1,000,000 PRIOR COUNCIL REFERENCE: (IF ANY) [ In order to authorize and implement the subject grant, NYSDOT requires a resolution be passed as follows: Resolution authorizing the implementation, and funding in the first instance of the State Multi -Modal Program - aid (and State administered federal program aid) eligible costs, of a capital project, and appropriating funds therefore. WHEREAS, a Project for the New highway construction of Abby Street Extension, in the City of Buffalo, Erie County, P.I.N. 5ME017.30A ( "the Project ") is eligible for funding {under Title 23 U.S. Code, as amended, and} New York State's Multi -Modal Program administered by the NYS Department of Transportation ( "NYSDOT "); and WHEREAS, the City of Buffalo and HydroAir desire to advance the Project by making a commitment of advance funding of the non -local share and funding of the full local share of the costs of the Project; and NOW, THEREFORE, the Common Council of the City of Buffalo duly convened does hereby RESOLVE, that the Common Council of the City of Buffalo hereby approves the above - subject project; and it is hereby further RESOLVED, that the Common Council of the City of Buffalo hereby authorizes HydroAir, in conjunction with the City of Buffalo to pay in the first instance 100% of the cost of construction work for the Project estimated at $1,000,000 and it is further RESOLVED, that the Mayor of the City of Buffalo be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and /or Multi -Modal Program Funding on behalf of the City of Buffalo and HydroAir with NYSDOT in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal -aid and all Project costs that are not so eligible, and it is further RESOLVED, that a certified copy of this resolution be filled with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, that this Resolution shall take effect immediately. DEK:jlj TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: Ci Engineer SIGNATURE OF DEPARTMENT HEAD: 1�a Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 20, 2006, be received and filed; and That the Mayor be, and he hereby is authorized to execute all necessary agreements, certifications or reimbursement requests for Federal Aid and /or MultiModal Program Funding on behalf of the City and HydroAir with NYSDOT in connection with the advancement or approval of the Project; and That the City Clerk provide a certified copy of this resolution with the NYS Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project. Passed. 16 PJS:rmv t: \wp60 \msword\rmv \16c 1 2- 26a.doc v Oh tw O #I #1 ! III Kai #1 (Rev. 1/93) ir SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 12, 2006 FROM: DEPARTMENT: Buffalo Municipal Water Finance Authority DIVISION: Chairman SUBJECT: (: Buffalo Municipal Water Finance Authority Five Year Capital Plan PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) In accordance with the Financing Agreement between the City of Buffalo, the Buffalo Water Finance Authority, and the Buffalo Water Board, attached please find the proposed Five Year Capital Improvement Plan for 2007- 2013. This plan is being sent to the Common Council for your approval. TYPE DEPARTMENT HEAD NAME: Joseph N. Giambra TYPE TITLE: Chairman, Buffalo Water Finance Authority SIGNATURE OF DEPARTMENT HEAD: JNG /cmg Cc: P. Merlo 1.% FIVE YEAR CAPITAL IMPROVEMENT PLAN OF THE BUFFALO WATER SYSTEM (IN THOUSANDS OF DOLLARS) LINE PROJECT YEAR 2007- 2008 2008 -2008 2008- 2010 2010-2011 2011 - 2012 2012 -2013 1 Fitter Plant Pipe Gallery Rehabilitation* 6,000 6,000 2 Filter Plant Fluoride Feed System 1,500 3 Filter Plant Low Lift Pump Rehabilitation 250 500 4 Filter Plant Solids Handling 1,000 5 Filter Plant - Chlorine Room Rehabilitation 250 500 6 Filter Plant - Dechlorination / Sewer for Thickener Decant 1,000 7 Filter Plant - Misc. Im rovements ** 500 500 600 700 8 Col. Ward Valve House Rehabilitation 1,000 9 Col. Ward New High Service Pumps 2,300 10 Col. Ward Misc. im rovements ** 500 500 600 700 11 Mass. Ave P.S. Additional Pumping 12 Mass Ave. P.S. Rehabilitation 500 1,000 13 Mass. Ave P.S. Misc. Im rovements ** 150 150 200 14 Manhattan P.S. Rehabilitation 200 800 15 Manhattan Tank Rehabilitation 16 Manhattan Tank - Backup Power 500 17 Manhattan Tank & P.S. Misc. Im rovements ** 150 150 200 18 Grover Cleveland P.S. Rehabilitation 600 19 Grover Cleveland P.S. Back -Up Power 500 20 lGrover Cleveland Tank & P.S. Misc. Im rovements ** 21 New Elevated Storage Tank 150 4,000 22 Metering Program 500 1,500 1,000 250 100 23 System Security*** 800 500 24 Emergency Back-Up Power 4 25 Annual Watermain / Valve Replacement / Rehabilitation 5,000 5,500 7,500 8,000 9,000 9,000 26 Miscellaneous Im rovements ** - - - - 4,500 5,000 TOTAL $18,6001 $15,7001 $15,550 $15,3001 $15,2501 $15,900 Notes: *This project is being funded via EFC (Environmental Facilities Corporation). ** This item includes miscellaneous funds to be used to perform additional upgrades in the treatment, storage and transmission systems as required to meet future regulations. * * *It is anticipated that this project will be funded via homeland security funding. POSITION ALLOCATION MAINTENANCE FORM Title Heating Equipment Service Worker Department/Division Department of Public Works - Buildings Start Date Original PR No. Title Code No. Salary December 11, 2006, 2002 -204 6380 $29,096 Budget Function No. 13296001 - 411001 Reason for appointment (check one) 9 Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) Tyne of Annointment: X Permanent Eric J. Patton ❑ Contingent Permanent ❑ Provisional ❑ Temporary As Required City Seasonal ❑ From Temporary to Provisional ❑ From Temporary to Permanent From Provisional to Permanent. . nj From Contingent Permanent to Permanent ❑ Other Classification ❑ Exempt ® Competitive ❑ Non - Competitive Comments: Status Change Only. Employee is currently at the second increment. Employee Information: Name Eric J. Patton SS# 1110 Address 704 McKinley Pkwy DOB 07/06/69 City Buffalo State NY Zip Code 14220 ^y Signature of Appointing Authority Date Signature of Director of Budget Date ignature of Adm. Director of Civil Service Date Send original copy signed by Dept. Head to Budget i. Send or e -mail Civil Service a copy lj When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget DEC 61616; —aft hs3f. y 20 FROM THE COMMISSIONER OF POLICE SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT: SUBJECT PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE BELOW December 11 2006 POLICE ADMINISTRATION & FINANCE : DISPOSAL OF USED BPD JACKETS The Buffalo Police Department hereby requests permission from your honorable body to enter into an agreement with United Uniform regarding the disposal of used Buffalo Police Department summer and winter duty jackets. Whereas United Uniform is the current authorized vendor to provide uniforms for Buffalo Police Department sworn personnel and, whereas the Buffalo Police Department is in the process of converting to a new, departmental wide, all -in -one jacket and, whereas the City of Buffalo and the Buffalo Police Department will mutually benefit, the Department hereby requests to dispose of the older, used jackets according to the agreement attached. This agreement will allow the Department to dispose of the used jackets as they are turned in, will prevent the Department from utilizing excessive storage space and will provide a revenue source to the City and the Department for an item that would normally be discarded. This is a one time agreement to help facilitate and complete the switch over to the new jackets. Please contact my office at 851 -4624 or Lieutenant Daryl Ricigliano at 851 -5645 if you should have any questions. JFS /jws ( 1 Attachment) TYPE DEPARTMENT HEAD NAME: JOSEPH STRANO TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: a 1 f p n Wi t. 1 r UNI ® M A U NIF ORM COMPANY, INC. December 6, 2006 City of Buffalo Police Department 74 Franklin Street Buffalo, New York 14202 Attn: Art Tomasulo Dear Mr. Tomasulo, As per our conversation, we are writing this letter to confirm our verbal agreement regarding Buffalo Police's issued Outdoor Outfitter's duty jackets. "Like New" Condition 2. "Light War" Condition 3. "Heavy Wear" Condition Note: SUMMER: WINTER: $10.00 $15.00 $5.00 $5.00 $0 $0 - Department Emblems and Buttons will be removed by United Uniform at No Charge - Dry Cleaning ail product will be handled by United Uniform at No Charge - Payment will be made at One Time Only, after all jackets have in turned in - Payment will be made in the form of a store credit, that may be used for any new orders, or against open invoices "Thank you for opportunity to be of service. Please do not hesitate to call with any additional questions. Sincerely, UNITED UNIFORM. -Co., Inc. Z , .Z s' f %foshuit - E. Mt�s Vice President Headquarters for all correspondence and bids Rochester branch store 495 NORTH FRENCH ROAD 1855 MONROE AVENUE at Twelve Comers BUFFALO, NEW YORK 14228 ROCHESTER, NEW YORK 14618 Phone (716) 691 -4400 Fax (716) 691 -1406 Phone (585) 442 -4140 Fax (585) 442 -1477 J t Mr. Bonifacio moved: That the above communication from the Department of Police dated December 11, 2006, be received and filed; and That the Buffalo Police Department is authorized to enter into an agreement with United Uniform regarding the disposal of used Buffalo police summer and winter duty jackets as more fully explained in the attached communication. Passed 19 PJS:rmv �afA r.rb.dvey O ' * *1 *1. *1 *I * .I ; w� • s •I ;1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE FROM: DEPARTMENT: DIVISION: SUBJECT: DECEMBER 8 2006 POLICE Drug Asset Forfeiture Wire Transfers PRIOR COUNCIL REFERENCE: (IF ANY) :Item No. 104, C.C.P. 2/2/88 Ex. ( Item No. xxx C.C.P. xx /xx/xx TEXT: ( TYPE SINGLE SPACE BELOW 05 -DEA- 457834 C2 -05 -0145 $ 572.47 06- DEA - 467710 C2 -06 -0049 7,827.96 06 -DEA- 469848 C2 -06 -0057 196.77 06 -DEA- 469852 C2 -06 -0057 663.57 06 -DEA- 468488 C2 -06 -0105 2,366.89 06 -DEA- 468497 C2 -06 -0105 2,057.29 06 -DEA- 469682 C2 -06 -0112 1,612.09 06 -DEA- 469688 C2 -06 -0114 12,543.49 06 -DEA- 470082 C2 -06 -0121 1,202.29 TOTAL $29,042.82 The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. DJR/j ws RECEIVED ADD FILED TYPE DEPARTMENT HEAD NAME TYPE TITLE: CHIEF DENNIS J. RICHARDS SIGNATURE OF DEPARTMENT HEAD 12/08/2006 13:06:40 CITY OF BUFFALO SCHEDULE OF DEPARTMENT PAYMENTS TO TREASURER REF #: DEPT/LOC: POLICE DATE: Dec. 08, 2006 RECEIPT DESCRIPTION/REFERENCE ACCOUNT 940855 DRUG ASSET FORF nqnra onnin"A 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 389001 389001 389001 389001 389001 389001 389001 399001 38§001 **** RECEIPT TOTAL 29,042.82 TOTAL COLLECTED/TURNED OVER: 29,042.82 REPRESENTING COLLECTION FROM: 12/08/2006 TO 12/08/2006 REF #: PT/L•C: POLICE - DATE: Dec, 08 , 2006 SIGNATURE- TITLE: 101 DEPARTMENT SUMMARY PAGE 1 ardptpmt 572.47 7,827.96 196.77 663.57 2,366.89 2,057.29 1,612.09 12,543.49 1,202.29 ACCOUNT DESCRIPTION 20010000 389001 DEA PROP MISC REVENUE AMOUNT 29,042.82 d MARY. L I DKEA @US DOJ.GO V 12/07/2006 11:00 PM To JWSTANCHAK @l3PD.CI.t3UFFAL0.NY.US cc bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 05 -DEA- 457834; $2068.00 USC C2 -05 -0145 - 60% Approved. Payment is in the amount of $572.47 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 12/06/2006. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.X3002 MARY.LIDKEAQUSDOJ.GOV Date: W W 1 11 Investigative Agency: IDIEIA Case Number: C2 -05 -0145 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) For Federal Use Only (For Additional Information - See Instructions) L Asset #: 05— DEA- 457834 Seizure Date: 09/28/05 Judicial District: NYW Case Type: Adoption ® Joint ❑ ( Check One) • All assets transferred must be used for the law enforcement purpose stated in the request. ® Deadline for submission of this request is sixty (60) days following the seizure. ® The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single-. asset case, for reimbursing the federal share. II. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET avrreea,v, tvr,ry twain 1 "4202 NCIC Coder I N I Y 1 01114 101110101 Contact Person: CHIEF.ANTHONY BARBA Telephone Number: (716) 851 -4575 III. Asset Requested $2, 068.00 U.S. CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item ® Cash / Proceeds 60 IV. Specific Intended Law Enforcement Use: ❑ Salaries ® Purchase of Equipment ❑ Other (Please Explain) ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? ® ❑ B. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ 0 D. Did your agency supply any unique or indispensable assistance? © ❑ E. Are there any assets located in foreign countries. associated with this case ? ❑ F. How many hours were expended 25 hours FORM DAs -71 DEC. 90 ggy�a 5 / , t,0, 3 . 11113 MARY.LIDKEA @USDOJ.GO To JWSTANCHAK @l3PD.CI.l3UFFAL0.NY.US +x V cc 12/07/2006 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 06- DEA- 467710; $30010.00 USC C2 -06 -0049 - 26.15W Approved. Payment is in the amount of $7827.96 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 12/06/2006. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.X3002 MARY.LIDKEA @USDOJ.GOV Date: L_LJ W LLLLOi6 Investigative Agency: JDJEJA Case Number: C2 -06 -0049 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) For Fed -sal Use Only (For Additional Information - See Instructions) I Asset #: 0 6 -DEA -4 67 710 Seizure Date: 05 / 04 / 0 6 Judicial District: NYW Case Type: Adoption ❑ Joint Q (Check One) i All assets transferred must be used for the law enforcement purpose stated in the request. • Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name HUFFA POLICE DEPARTMENT Address: 74 FRANKLIN STREET 3411 Contact Person: CHIEF DENNIS RICHARDS _ ^ � Telephone Number:, (716) 851 -4575 �muaccs - `.: °. M^ 1PS�^ '14e+.•.- v— ,rSTWtvC`3SX'�.L:.m. JVi3S[#'• -r :': y i, '3t'G9H III. Asset Requeste RRENCY _ ❑ Other assets in the case. (.loch list). Property Description Request Type ❑ Item ® Cash / Proceeds Ai - IV. Specific Intended Law Enforcement Use: ❑ Salaries ® Purchase of Equipment ❑ Other (Please Explain) ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) A. Did your agency originate the information leading to the seizure? B. Were any other assets seized under state law? C. Were extraordinary expenses incurred? D. Did your agency supply any unique or indispensable assistance? E. Are there any assets located in foreign countries associated with this case 7 r. SI =; near. y ho- s were expended 200 hours Yes No ® ❑ El 0 El 0 ® ❑ ❑ DEC. 90 4 5 a MARY. LIDKEA @USDOJ.GO To JWSTANCHAK @SPD.CL BUFFALO. NY. US V cc 12/07/2006 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID## 06 -DEA- 469848; $1387.00 USC C2 -06 -0057 - 15% Approved. Payment is in the amount of $196.77 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 12/06/2006. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.X3002 MARY.LIDKEA @USDOJ.GOV 0 6 - -)55 , Date: I J 1 1 1 12101016 Investigative Agency: JDJEJA Case Number: C2 -06 -0057 U.S. Department of Justice Application for.Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) I For Federal Use Only (For Additional Information - See Instructions) Asset #: 0 6 -DEA -4 698 4 8 Seizure Date: 06/20/06 Judicial District: NYW Case Type: Adoption ❑ Joint ® (Check Ore) • All assets transferred must be used for the law enforcement purpose stated in the request. • Deadline for submission of this request is sixty (60) days following the seizure. ® The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name: BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET WITVW YQRK 1420 - - - NCIC Code: 1 N 1 Y 10 1 114 1011 10101 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: (716) 851 -4575 III. Asset Requested " $1,387.00 U.S. CURRENCY ❑ Other assets in the. case. ('Wac 41&0. Property Description Request Type ❑ Item ® Cash/ Proceeds ----L IV. Specific Intended Law Enforcement Use: ❑ Salaries ® Purchase of Equipment ❑ Other (Please Explain) ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No re; =nr_ DAG -71 DEC. 9'? I3iu. ; v:;i acl;vy originate the information leading to the seizure? B. Were any other assets seized under state law? ❑, C. Were extraordinary expenses incurred? ❑ D. Did your agency supply any unique or indispensable assistance? © ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ F. Flow many hours were expended 100 hours re; =nr_ DAG -71 DEC. 9'? 4 e_1 MARY.LIDKEA @USDOJ.GO To JWSTANCHAK @l3PD.CI.l3UFFAL0.NY.US A V cc 12/07/2006 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 06 -DEA- 469852; $4499.00 USC C2 -06 -0057 - 15% Approved. Payment is in the amount of $663.57 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 12/06/2006. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.X3002 MARY.LIDKEA@USDOJ.GOV Date: I 1 1 1 1 2 0 0 6 Investigative Agency: IDJEJA Case Number: C2 -06 -0057 U.S. Department of Justice I. For Federal Use Only Asset #: 0 6 -DEA -4 6 98 52 Seizure Date: 0 6/ 2 0/ 0 6 Judicial District: NYW Case Type: Adoption ❑ Joint N (Check One) Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) (For Additional Information - See Instructions) • All assets transferred must be used for the law enforcement purpose stated in the request. ® Deadline for.submission of this request is sixty (60) days following the seizure. ® The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single- asset case, for reimbursing the federal share. II. Requesting Agency Name' BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET 142-02 NCIC Code: I N I Y 101114101110101 IV. Specific Intended Law Enforcement Use: ❑ Salaries ® Purchase of Equipment ❑ Other (Please Explain) ❑ Purchase of Vehicles ❑ Place I other to O fficial Use Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part W) Yes No A.. Did your agency originate the information leading to the seizure? ❑ B. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ D. Did your agency supply any unique or indispensable assistance? © ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ N E. V?ow lnarsy hours ware exa,,..n.ded? 7.0 0 . hours T OILM D AO -71 DEC 96 j5 � ti E. MARY. LIDKEA @USDOJ.GO To JWSTANCHAK @BPD.CI.BUFFALO.NY.US V cc ° 11 /28/2006 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 06 -DEA- 468488; $4020.00 USC C2 -06 -0105 - 60% Approved. Payment is in the amount of $2366.89 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 11/24/2006. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.X3002 MARY.LIDKEA@USDOJ.GOV f � Date: LLJ L I I L I I I I Investigative Agency: JDJEJA Case Number: C2 -06 -0105 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) I. For Federal Use Only (For Additional Information -- See Instructions) Asset #: 0 6- DEA- 4 6 8 4 8 8 Seizure Date: 0 5/ 2 4/ 0 6 Judicial District: Td ,'W Case Type: Adoption ❑X Joint ❑ (Check One) s All assets transferred must be used for the law enforcement purpose stated in the request. • Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name: BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO NEW YORK 14202 NCIC Code: I N (Y 10 11 1 4 ( 0 I 1 I 0 I 0 I Contact Person: CHIEF DENNIS RICHA Telephone Number: ( 716) 851-4575 111. Asset Requested $ 4 020. 00 U.S. CURRENCY ❑ Other assets in the case. (Attach list). Property. Description Request Type ❑ Item O Cash / Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries ❑X Purchase of Equipment ❑ Other (Please Explain): ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (if any answer to A thru E is yes, provide details in Part ICI) Yes No A. Did your agency originate the information leading to the seizure? 0 ❑ B. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ FX1 D. Did your agency supply any unique or indispensable assistance? N ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ F. How many hours were expended?- 5 hours FORM DAG - DEC. 9O MARY. LIDKEA@USDOJ.GO To JWSTANCHAK@BPD.Cl.l3UFFAL0.NY.US V cc 11/28/2006 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W/NEW YORK has made an Equitable Sharing payment related to CATS ID# 06-DEA-468497; $3504.00 USC C2-06-0105 60% Approved. Payment is in the amount of $2057.29 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 11/24/2006. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.X3002 MARY.LIDKEA@USDOJ.GOV 6 'r � o". -- Date: W W 11 -11-1 Investigative Agency: JDJEJA Case Number: C2 -06 -0105 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) I. For Federal Use Only Asset #: 0 6- DEA- 4 6 8 4 9 7 Seizure Date: 05/24/06 Judicial District: NYW Case Type: Adoption ❑X Joint ❑ (Check One) (For Additional Information - See Instructions) w All assets transferred must be used for the law enforcement purpose stated in the request. • Deadline for submission of this request is si..: r the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single- s r ,Y for rel-T bin �laa9 the '.bcic a ' iar'v. II. Requesting Agency Name: BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN. STREET . .BUFFALO. NEW YORK 14.202 - NCIC Code: I N I Y 1 011( 4101110101 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: (716) 851 -4575 III. Asset Requested S 3 5 0 4 . 0 0 U . S , CURRENCY 0 Other assets in the case. (Attach list). Property Description Request Type ❑ Item © Cash / Proceeds 60 IV. Specific Intended Law Enforcement Use: ❑ Salaries ❑X Purchase of Equipment ❑ Other (Please Explain) ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? B. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ D. Did your agency supply any unique or indispensable assistance? ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ 0 F. How many hours were expended?- 5 hours FORM DAG -71 DEC. 90 MARY.LIDKEA @USDOJ.GO To JWSTANCHAK @l3PD.CI.l3UFFAL0.NY.US V cc 12/07/2006 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 06- DEA- 469682; $2762.00 USC C2 -06 -0112 - 60% Approved. Payment is in the amount of $1612.09 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 12/06/2006. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.X3002 MARY.LIDKEAQUSDOJ.GOV Date: I I I W 2 0 0 6 Investigative Agency: LILELA Case Number: C2 -06 -0112 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) I. For Federal Use Only (For Additional Information - See Instructions) Asset #: 06 -DEA- 469682 Seizure Date: 06/22/06 Judicial District: NYW Case Type: Adoption © Joint ❑ (Check One) ® All assets transferred must be used for the law enforcement purpose stated in the request. ® Deadline for submission of this request is sixty (60) days following the seizure. ® The requesting agency will be responsible for rein bvrsing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name: BUFFALO POLICE DEPARTMENT Address; 74 FRANKLIN STREET BUFFALO, NEW YORK 14202 NCIC Code: IN I Y 1 01114101110101 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: (716) 851 -4575 III. Asset Requested $ 2 , 7 62 0 0 U S CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type — ❑ Item ® Cash / Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries © Purchase of Equipment ❑ Other (Please Explain): ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency orig r ate the information leadinL to the seizure? ® El B. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ n D. Did your agency supply any unique or indispensable assistance? 0 ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ 0 F. How many hours were expended?- 5 hours FORM DAG -71 DEC. 90 " MARY.LIDKEA @USDOJ.GO To JWSTANCHAK @BPD.CI.BUFFALO.NY.US V CC 12/07/2006 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 06 -DEA- 469688; $20981.00 USC C2 -06 -0114 - 60% Approved. Payment is in the amount of $12543.49 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 12/06/2006. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.X3002 MARY.LIDKEA@USDOJ.GOV Date: I L2i2j 0 j 6 Investigative Agency JDJEJA Case Number: C2-06-0114 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) I. For Federal Use Only Asset #: 0 6 -DEA- 4 6 9 6 8 8 Seizure Date: 0 6/ 2 2/ 0 6 Judicial District: NYW Case Type: Adoption N Joint ❑ (Check One) (For Additional In formation d See Instructions) ® All assets transferred must be used for the law enforcement purpose stated in the request. ® Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single- asset case, for reimbursing the federal share. II. Requesting Agency None: RUF" FALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO, NEW YORK 14202 NCIC Code: I N I Y I 0 1 114101110101 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: ( 716) 851-4575 III. Asset Requested 20, 981 00 U.S. CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item ® Cash / Proceeds 60 IV. Specific Intended Law Enforcement Use: ❑ Salaries ® Purchase of Equipment ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) ❑ Other (Please Explain):. V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? 0 ❑ B. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ 0 D. Did your agency supply any unique or indispensable assistance? © ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ FX1 ? - {ow many lours were exl�en v.ed? 2 hours FORM DAG -71 DEC. 90 , MARY.LIDKEA @USDOJ.GO To JWSTANCHAK @BPD.CI. BUFFALO. NY. US ter` V cc 12/07/2006 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 06- DEA- 470082; $2079.00 USC C2 -06 -0121 - 60% Approved. Payment is in the amount of $1202.29 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 12/06/2006. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.X3002 MARY.LIDKEA @USDOJ.GOV Date: I I I L-LJ 2 0 0 6 Investigative Agency: JDJEJA Case Number: C2 -06 -0121 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United :States Law Enforcement Agencies Only) I. For Federal Use Only (For Additional Information - See Instructions) Asset #: 06 -DEA- 470082 Seizure Date: 0 7/ 0 6/ 0 6 Judicial District: NYW Case Type: Adoption ❑X Joint ❑ (Check Otte) • All assets transferred must be used for the law enforcement purpose stated in the request. • Deadline for submission of this request is sixty (60) days following the seizure. a The requesting agency will be .responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name: BUFFALO POLICE DEPARTMENT _ �- m• Address: 74 FRANKLIN STREET BUFFALO . LO NEW Y(7RK 14202 NCIC Code: LN I Y 10 (1 14101110101 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: ❑ Salaries ® Purchase of Equipment ❑ Other (Please Explain) ❑ Purchase of Vehicles ❑ P If ce Into O fficial Cash) Use V. Contributions (If any answer to A thru E is yes, provide details in Part W) Yes No A. Did your agency originate the information leading to the seizure? ® ❑ B. Were any other assets seized under state law? C. Were extraordinary expenses incurred? D. Did your agency supply any unique or indispensable assistance? 0 ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ 0 F. How many hours were expended? 25 hours FORM DAG -71 DEC. 90 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 12 2006 , - .3 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: Drug Asset Forfeiture Annual Certification Report and Audit for Fiscal Year Ending June 30, 2006 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx C.C.P. xx/xx /xx TEXT: ( TYPE SINGLE SPACE BELOW Enclosed please find the completed audit report and certification report for the fiscal year ended June 30, 2006. This report is being filed with your Honorable Body as an informational item. If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. REFERRED COMMITTEE E ON JFS /jws TYPE DEPARTMENT HEAD NAME: JOSEPH STRANO TYPE TITLE: INSPECTOR ADMINISTRATION & COMMUNICATION SIGNATURE OF DEPARTMENT HEAD, _°`°- BUFFALO POLICE DEPARTMENT FEDERAL ASSET FORFEITURE ACCOUNT Annual Certification Report June 30, 2006 (With Independent Auditor's Report Thereon) TOSKI, SCI3.AEFER & CO., P.C. CERTIFIED PUBLIC ACCOUNTANTS 555 INTERNATIONAL DRIVE WILLIAMSVILLE. NEW YORK 14221 TELEPHONE (716) 634 -0700 FAX (716) 634 -0764 INDEPENDENT AUDITOR'S REPORT Commissioner H. McCarthy Gipson City of Buffalo Police Department Buffalo, New York We have audited the accompanying Annual Certification Report of the Buffalo Police Department Federal Asset Forfeiture Account for the year ended June 30, 2006. This report is the responsibility of the Department's management. Our responsibility is to express an opinion on this report based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the above - referenced statement is free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the statement. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the statement. We believe that our audit provides a reasonable basis for our opinion. The accompanying statement was prepared for the purpose of complying with the rules and regulations of the U.S. Department of Justice's Asset Forfeiture Program as described in note 1 and is not intended to be a complete presentation of the Department's financial statements. As described in note 1, the Department prepares its statement on the basis of cash receipts and disbursements. This basis is a comprehensive basis of accounting other than accounting principles generally accepted in the United States of America. In our opinion, the Annual Certification Report referred to in the first paragraph presents fairly in all material respects, the federal equitable sharing funds received, spent, and fund balance of the Buffalo Police Department Federal Asset Forfeiture Account on the basis of accounting described in note 1. In accordance with Government Auditing Standards we have also issued our report dated October 30, 2006 on our consideration of the Department's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. This report is intended solely for the information and use of the City of Buffalo and the U.S. Department of Justice and is not intended to be and should not be used by anyone other than these specified parties. Williamsville, New York October 30, 2006 2 BUFFALO POLICE DEPARTMENT FEDERAL ASSET FORFEITURE ACCOUNT Annual Certification Report Year ended June 30, 2006 Justice Treasury Funds Funds Summary of Equitable Sharing Activity: Beginning equitable sharing fund balance (cash) at July 1, 2005 $ 453,376 6,828 Federal sharing funds received 188,802 - Transfers from other law enforcement agencies - - Other income - - Interest income 2,090 - Total equitable sharing funds available 644,268 6,828 Federal sharing funds spent (211,612) (6,828) Ending equitable sharing fund balance (cash) at June 30, 2006 $ 432,656 - Appraised value of other assets received $ - - Summary of sharing funds spent: Total spent on salaries for new, temporary, not to exceed one -year employees $ - - Total spent on overtime - - Total spent on informant and "buy money" 19,725 - Total spent on travel and training 1,298 - Total spent on communication and computers 162,037 6,828 Total spent of firearms and weapons - - Total spent on body armor and protective gear - - Total spent on electronic surveillance equipment - - Total spent on building and improvements - - Total spent on drug education and awareness programs - - Total spent on other law enforcement expenses (note 2) 22,283 - Total transfers to other law enforcement agencies - - Total permissible use transfers (up to 15 percent) - - Total spent on matching grants (note 3) 6,269 - Total federal sharing funds spent $ 211,612 6,828 See notes to annual recertification report. 3 BUFFALO POLICE DEPARTMENT FEDERAL ASSET FORFEITURE ACCOUNT Notes to Annual Certification Report June 30, 2006 (1 ) Summary of Significant Accounting Policies (a) Nature of Organization The Buffalo Police Department (the Department) Federal Asset Forfeiture Account reports financial activity under an agreement with the U.S. Department of Justice whereby it is a participant in the Federal Asset Forfeiture Program (Federal Equitable Sharing Program). The Department directly receives and expends monies under this agreement. Accounting and compliance requirements for this program can be found in A Guide to Equitable Sharing of Federally- Forfeited Property for State and Local Law Enforcement Agencies (the Guide) issued by the U.S. Department of Justice dated April 2004. Regulations within the Guide require an Annual Certification Report of program receipts and expenditures. (b) Basis of Presentation The accompanying statement is not intended to represent the financial activities of the entire Buffalo Police Department nor the City of Buffalo, New York. The report is intended for the specific purpose of complying with the requirements of the Guide and thereby reflects the cash receipt and disbursement activities of the Federal Equitable Sharing Program maintained by the Department. Given the specific purpose of this statement there are no expenditures reflected for services rendered by the Department's employees responsible for these activities or other direct or indirect Department expenditures. The Department's policy is to prepare its statement on the cash basis of accounting as required by the Guide, consequently, revenues are recognized when received rather than when earned and expenses are recognized when paid rather than when incurred. (22) Other Law Enforcement Expenses Other law enforcement expenses incurred for the Justice Funds for the year ended June 30, 2006 is as follows: Purchase of services $ 8,477 Supplies 8,019 Equipment 5,787 $ 22,283 (33) Total Spent on Matching Grant The Department transferred $6,269 to Local Law Enforcement Block Grant, Year 8 for the purchase of radio equipment. 11 TOSKI, SCH:AEFER & CO., P.C. CERTIFIED PUBLIC ACCOUNTANTS 555 INTERNATIONAL DRIVE WILLIAMSVILLE. NEW YORK 14221 TELEPHONE (716) 634 -0700 FAX (716) 634 -0764 REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Commissioner H. McCarthy Gipson City of Buffalo Police Department Buffalo, New York We have audited the Annual Certification Report of the City of Buffalo Police department Federal Asset Forfeiture Account (the Department) for the year ended June 30, 2006, and have issued our report thereon dated October 30, 2006. We conducted our audit in accordance with audit standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the Annual Certification Report is free of material misstatement. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Department's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the Annual Certification Report and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts caused by error or fraud that would be material in relation to the Annual Certification Report being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving internal control over financial reporting and its operation that we consider to be material weaknesses. Com li�ance As part of obtaining reasonable assurance about whether the Department's Annual Certification Report is free of material misstatements, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grants, noncompliance with which could have a direct and material effect on the determination of Annual Certification Report amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards This report is intended solely for the information and use of the City of Buffalo and the U.S. Department of Justice and is not intended to be and should not be used by anyone other that these specified parties. Williamsville, New York October 30, 2006 31 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE 10 I • U 111 "W" 1 1 1 1► 1 001 DIVISION: SUBJECT PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx C.C.P. xx /xx /xx DECEMBER 11 2006 POLICE : Seized vehicles - 1 - ) The Buffalo Police Department hereby requests permission from your honorable body to utilize current drug asset forfeiture funds to cover administrative /seizure fees to the U.S.Marshalls Office for two vehicles recently seized by the Buffalo Police Department. One vehicle is a 2003 GM truck and the other is a 2000 Ford. The vehicles must be assigned to the Narcotics Squad as mandated through the Drug Asset Forfeiture guide book and will be utilized in future undercover operations. The total funds to be spent to cover the fees will be $5,994.53. If you have any questions, please contact me at 851 -4531. TYPE DEPARTMENT HEAD NAME: CHIEF DENNIS J. RICHARDS TYPE TITLE: CHIEF OF INVESTIGATIVE SERVICES SIGNATURE OF DEPARTMENT HEAD: c� Mr. Bonifacio moved: That the above communication from the Department of Police dated December 11, 2006, be received and filed; and That the Buffalo Police Department is authorized to utilize drug asset forfeiture funds to cover administrative /seizure fees owed to the U.S. Marshall as more fully explained in the attached communication. Passed 22 PJS:rmv v a tw �D O +1 a1 Hal -� f � s•!s '�•ffsf�f ff• � f • ht 21 FROM THE COMMISSIONER OF FIRE SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 12/19/06 Gi►I 91 Q V- am I ►l 11111 1 SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx /xx /xx) [:FEMA Grant Award EMW- 2006 -FG -17271 The Department of Fire is requesting approval to accept and expend the grant award from FEMA's Assistance to Firefighters Grants (AFG) program. We applied for this grant as a means to upgrade firefighting equipment and firefighter safety. We specifically addressed our ability to operate with increased surge capacity and the equipment purchased through this grant will further assist us in reaching our goal. The total award from FEMA is $341,871.00. As part of the FEMA AFG Program, municipalities are required to provide a 30% match to secure these funds. The matching portion of the award is $85,467.00. Commissioner Estrich has approved the use of the fire department budget to assume the costs of the grant match. We request that this grant be approved as it will greatly enhance the equipment used by our members on a day -to day basis. M ckq. - ".m r /o ---- Commissioner of Fire ck Mr. Bonifacio moved: That the above communication from the Department of Fire dated December 19, 2006, be received and filed; and That the Buffalo Fire Department is authorized to accept a FEMA AFG Grant per the terms stated in the attached communication. Passed 24 PJS:rmv ie s t •1 ♦1 • Ila O , I *1•1 * *' *1 *1. *1*1- I.1010 f *1 *1 TMW � a 23124 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES #1 (Rev. 1/93) Single Page Communication to the Common Council Q 0 1t To: The Common Council: Date: December 13, 2006 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: [: Second Hand Dealer [: 1446 Hertel Ave (Delaware) 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 1446 Hertel Ave. and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Madelynn Perillo. The attached thereto for Madelynn Perillo d/b /a Oddball . This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: RICHARD M. TOBE Type Title: CONMISSIONER t Signature of Department Head: YP RT:MZ:jd Interdepartmental Memo Date: December 13, 2006 To: Richard M. Tobe, Commissioner From: Mary Zizzo, Supervisor of Licenses RE: Common Council Communication Second Hand Dealer at 1446 Hertel Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Second Hand Dealer application to the Common Council: Zoning Office Lj ire Prevention L - 'Building Inspection i ',Police Department Police Record Check LJ Application Supervisor f , icense / — /'� — O� Date 02/15/1995 21:57 t .l (RIV. 3lN 4 7168381158 FRANK PERILLO DPM APPLICATION RELEASE FORM 1 - Ig Fake Depadmeat d SWdW MM &b , rWw York 14362 process this date. 8 mail, payment MUST t* made by money order DO rN0'>{' said cash *M4 the �'tisere is a $14.00 fee to pros y In Pew paynieW can be made by money order each. Checks &V not sceapted. Make mercy order payalSte to tuna NUA 11OW111M polkx veprrtlo Mwt.' self-addressed envelope so that this inforawdon can le+.mailed to you. Complete all the Boom to include a atargpod. Notary Public (or) Commisskwm of Deeds, as j listed below cad have your ideotificada+ aad si�atu� verified, by a Iii m the bottom of this app�icati4n WWon total compliance to these instruction' . you WELL NOT receive the requested ; AJ,X SIGNA rUM MUST' BE ORIGINAL AA 1�IAIMR,O 8� �.� � �1� / ADi�Aii : EXATS Oir MRTH: BOCIA►L SECURM 0 r T �r.IroR iltEtttl' SIGNATURE OF APPLICANT DATE STATE OF NEW YORK ) COUNTY OF PRIG ) SS- CITY OF BUFFALO On ft day of ?N . 20 -QsL, before me personally appeartd to me known to be the same person described in, and who ex acknowledged the execution thereof Not4rY public. State of New Yom Ma I Erie ,orornisilm Notary Public /Commissioner of Deeds * �•��..�'r�•�«�� , • TO BE CONFLICTED DY IDENTIFICATION SECT N PERSONNEL * " **n * * *. * * ** * *.. RECORD ATTACKED VERIFIED 8Y: / ► I NO RECORD ON FILE DATE VERIFIED NOTE: USE OP' THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN APTZR 6o DAYS FROM DATE VERIFIED. NQT VALID UNTIL STAMPED AO 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: ODDBALL LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL, DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1446 HERTEL (716) 439 -1315 MA.DELYNN PERILLO (716) 837 -2524 545141 11/16/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED 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. AppSlip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: ODDBALL LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1446 HERTEL (716) 439 -1315 MADELYNN PERILLO (716) 837 -2524 545141 11/16/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# l EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslip2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: ODDBALL LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1446 HERTEL (716)439 -1315 MADELYNN PERILLO (716) 837 -2524 545141 11/16/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) ARI'ItOVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR �c.iS�"t ' RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSltp2.rpt 11- 28 -'e6 12;16 FBOM- k3l It Vf 1JV t'f'AlLV OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMXNT: POLICE RE FERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: ODDBALL LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 1446 l%RTEL BUSINESS PHONE: (716) 439 -1315 COUNCIL. DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: MADELYNN PERELLO (716) 837- 2524 545141 11/16/2006 NEW LICENSE 2007 r (TO BE COMPLETED BY AGENCYfDEPARTMENT REFERRED TO) APPROVED DATE: N�_ DISAPPROVED REMARKS: r��. �, c, ...e.._ I \ t_ c �t DISTRICT CAPTAIN: APPROVED DATE: DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL _ BE STATED BELOW *** REMARKS: CON M. OF POLICE: T-186 P002/003 F-298 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppS102•at � / i i ' OOL.APPLN.DOC OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 851 -4078 LICENSE APPLICATION APPLICATION MUST BE COMPLETED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS (PLEASE CHECK LICENSE CATEGORY APPLYING FOR) USED CAR DEALER 4SECONDDAND DEALER SCRAP PROCESSOR GARAGE SALE WHOLESALE JUNK PAWNBROKER FLEA MARKET (NO. OF VENDORS ) DATE APPLICANT NAME Q C APPLICANT HOME PHONE # �P ofP APPLICANT ,ADDRESSr amt( 0 V ` qL O., STREET) (CITY/TOWN OR VILLAGE) (STAY (23P) CO- APPLICANT NAME CO- APPLICANT HOME PHONE # CO- APPLICANT ADDRESS (NO., STREET) (CITY, TOWN OR VILLAGE) (STATE) (Z"?) CORPORATION NAME _ W DATE INCORPORATED BUSINESS NAME Ol d hQ I I �! ��^ �Al BUSINESS ADDRESS L SS i4cL L` _ A af/- .O— -A #, --¢��I i^ ' t BUSINESS PHONE Y (s- 419 -131 AX# APPLICANT HOME STATE TAX ID NUMBE , DATE OF BIRTH PLACE OF BIRTH ��JJ 0 ARE YOU A U.S. CITIZE JI N HAVE YOU EVER BEEN CONVICTED OF A CRIME ? O 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 f plicant Signature Subscribed and sworn t before me this KATHALEEN M. WADSWORTH 1 ay Y 2° Notary Public, State of New York ` Commissioner of Deeds in and for the No. 01 WA6152506 1 City of Buffalo, New York Qualified in Erie County Commission Expires q - is - ' a) l j NON REFUNDABLE APPLICATION FEE 1'� Mr. Bonifacio moved: That the above communication from the Department of Economic Development Permit and Inspections Services dated December 13, 2006 be received and tiled; 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 Madelynn Perillo, d /b /a Oddball located at 1446 Hertel Avenue. Passed. 25 PJS:rmv i i i O • : l ♦ i O Ch �i i'f • 1; li "n ^P'A �..r yy y * 1 * *1* i ii i i +li i lt ;1; i lili 0 i �� li �� 1 * ��l i +i1; •Is i i i 1 li i ti li #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: December 13, 2006 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: [: Second Hand Dealer [: 1113 Elmwood (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 1113 Elmwood Ave. and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Joseph Maniaci. The attached thereto for Joseph Maniaci d /b /a Allentown Music . This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: RICHARD M. TOBE Type Title: CO ISSIONER % Signature _ of Department Head: � RT:MZ:jd � 1) Interdepartmental Memo Date: December 13, 2006 To: Richard M. Tobe, Commissioner From: Mary Zizzo, Supervisor of Licenses RE: Common Council Communication Second Hand Dealer at 1113 Elmwood 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: z-Zoning Office ire Prevention LIJ� I uildin g Inspection ection Police Department Police Record Check Application Supervise f Lice s Date 11- 13 -'06 09:10 FFOM- a.li it yr nvrrALV OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMIvUSSIONEP, OF POLICE APPLICATION FOR: ALLENTO'WN MUSIC LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PRONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PRONE: APPLICATION NVMBER: REFERRAL, DATE: 1113 ELMWOOD (716) 883 -2341 NO 06 JOSEPH MANIA.CI (716)578 -5611 545007 10/30/2006 REMARKS; DISAPPROVAL REASON: CALL BEFORE GOING OUT NEW LICENSE 2007 , 1-0 -- 311 owp (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 1 % / DISAPPROVED REMARKS: DISTRICT C! APPROVED DISAPPROVED DATE: DATE: ** *.REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: T - 15b FOOL 1 00c r-IJ6 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSlfplrp, 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: ALLENTOWN MUSIC LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1113 ELMWOOD (716) 883 -2341 NO 06 JOSEPH MANIACI (716) 578 -5611 545007 10/30/2006 CALL BEFORE GOING OUT NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) A PROVED- DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM # EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Apps11p2rpr 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: ALLENTOWN MUSIC LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: NEW LICENSE 2007 1113 ELMWOOD (716) 883 -2341 NO 06 JOSEPH MANIACI (716) 578 -5611 545007 10/30/2006 CALL BEFORE GOING OUT (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) AP ROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslip2.rpt OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: ALLENTOWN MUSIC LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: CALL BEFORE GOING OUT NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) �APP ROVE D� DATE DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED 'BELOW * ** REMARKS: INSPECTOR ,,� ' RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL O.F THE OFFICE OF LICENSES. THANK YOU. AppsuP2.rpt P-147C (Revised 3/96) �To RF_ MAILED TO � Buffalo Police Department Identification Section ti 74 Franklin Street Buffalo New York 14202 APPLICATION RELEASE FORM— v. cash By mail, payment MUST be made by money order, gR There is a $10.00 fee #® process this data. D:0 d. oney through the mamail. In person, payment can be made by . money order or cash. Checks are not acce orders payable to the Buffalo Police Department. Cn Be sure to include a stamped, self-addressed envelope so that -thi i can be mailed. to y ol��Co gi . 16te. all the information listed below and have your identification and signature verified by a Notary Public (01tComMissign - er of 4 _,, - o f this application. Without t compliance to these instruction you '* V* NOT Deeds, as listed on the. bottom __j F_' receive the requested information. ALL SIGNATURES AWST BE ORIGINAL NAME OF APP ICANT RACE v CURRENT ADDRESS- DATE OF ]BERTH: ---- SOCIAL SECURITY #: all REASONFORP.EQUEST: SIGNATURE OF APPLICANT DATE State of New York County of Brie SS. City of Buffalo On the day of 49, before me personally appeared t me known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof. Notary P of Deeds ............. BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL................ ............................... RECORD ATTACHED VERIFIED J 'rte BY -- ----- J C-A CORD ON FILE DATE VERIFIED NO RE NOTE USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATI DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED- no W1, i Arl- OFFICE OF LICENW; 313 CIMMU - BUFFALO, NEWYORK 14202 8514078 LICENSE APPLICATION APPLICATION MUST BE COMPLETED JN ]FULL PHOT ]D REQUIRED AT MIN OF APPLICATION No EXCEPTIONS Mr, ,M CMWX TICVM CATZG09Y APMIMG FM USED CAR DEALER sEC0N&*AND DEALER - 7 -GARAGESALF WHOLESALE JUNK _ PROCESSOR PAWNBROKER FLEA MARKET (NO. OF TENDORs- �o ,4 A I CORPORATION sysnass BuSjNMADDRVNb T$ INCORPORATED /I f 4, P -P, �) suSVMSPi0NlLt Ai# APPLICANT ROME $ STATE TAX U) NUMBEK. • DATE OF BIR s Il li L TIff LACE Or ARE YOU AV.S- SAVE YOU EVER BEEN CONVICTED OF A CRME? IF, So STATE WHEN, wMRRE. NATURE OF OFFENSE AND LIST PRINCIPAL OFFICERS OF CORPORATION (IF APPLICABLE), (KAM) (ADRTS* (AX)DRZS* (ADDXZSS) ( PAWNBROKER ONLY) G IVE SCHEDULE OF RATES PROPOSED TO BE CHARGZD---�� 0 Subscribed and wo to before me thac- P Of 20 OL Commis , er of a in andfarthe City OfDu New York tffall� NON REFUNDABLE APPLICATION FEE O-APPqVANT HOME PHONE CO- APPLICANT CO-APPLIECANT (sulm) Mr. Bonifacio moved: That the above communication from the Department of Economic Development Permit and Inspections Services dated December 13, 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 Joseph Maniaci, d /b /a Allentown Music located at 1113 Elmwood Avenue. Passed. 26 PJS:rmv TAwp60 \insword\rmv\26c 12- 26a.doc O + i s + CQ l i i i i li ♦ (! i li ! l i ! 11 i i i • 1 1 O Ch i li li r""rnnp." h�Df� 41 (Rev. 1/93) Single Page Communication to the Common Council r To: The Common Council: Date: December 21, 2006 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: [: Used Car Dealer [: 1933 Genesee (Lovejoy) 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 1933 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 Denis Wakelam. The attached thereto for Denis Wakelam. d /b /a S & W Motors. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE O Type Department Head Name: RICHARD M. TOBE Type Title: CAM ISSIONE Signature of Department Head-, A/ RT:MZ:jad ,� Date: December 13, 2006 To: Richard M. Tobe, Commissioner From: Mary Zizzo, Supervisor of Licenses RE: Common Council Communication Used Car Dealer at 1933 Genesee 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: oning Office ire Prevention L" Building Inspection Police Department Police Record Check Application Supervisor o Lice s Date CITY OF BUFFALO OFFICE OF 1,10ENSES 313 CITY HALL BUFFALO, NEW YORK 14202 AGENCY / DEPARTMENT: HOUSING PROPERTY INS �c 0 INSPECTION /APPROVAL REQUEST REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: S & W MOTORS LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 1933 GENESEE (716) 893 -5277 LO 11 DENISSWAKELAM (716) 677 -2429 545196 11(2112006 f ®�s 9 s� s REMARKS: DISAPPROVAL REASON: NEW LICENSE 2007 1),e z / P (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED D ATE• APPROVED DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * * * REMARKS: £ 9 '� -t INSPECTOR ARM# - EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSh 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: S & W MOTORS LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1933 GENESEE (716) 893 -5277 LO 11 DENIS WAKELAM (716) 677 -2429 545196 11/21/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DA � DATE: DISAPPROVED DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * * REMARKS: 2- INSPECTOR 1 RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS AppStip2.rpt REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 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: S & W MOTORS LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1933 GENESEE (716) 893 -5277 LO 11 DENIS WAKELAM (716) 677 -2429 545196 11/21/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED AP D ATE- _ DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT _--- AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS AppSlip2.rpt REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 12- 12 -'06 15:41 FROM - OFFICE OF LICENSES y 313 CITY HALF BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY /DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: S & W MOTORS LICENSE TYPE, USED CAR DEALER 6 BUSINESS ADDRESS: BUSYNESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: AI'PL. PHONE: APPLICATION DUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1933 GENESM (716) 593 -5277 LO 11 DENIS WAKMAM (716) 677 -2429 545196 11/21/2006 O BE COMPLtTED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: DATE: DATE: 1 760 1'0161/ 0101 r - iZ),) NEW LICENSE 2007 ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLY D RETU THIS AppSI'p? 04 REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. P -1_47C (Revised 3/96) APPLICATION RELEASE FORM b TO BE MAILED TO: Buffalo Police Department ]j Identification Section$t ` Ob `_` 74 Franklin Street # Buffalo, New York 14202 There . is a $10.00 fee to process this data. By snail, payment MUST be made by money order. B NtIT. send cash through the mail. In person, payment can be made by .money order or cash. Checks are not accepted. I4alce_ 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. SEX a - CURRENT ADDRESS: DATE OF BIRTH SOCIAL SECURITY #: REASON FOR REQUEST: M /MAIDEN NAME SIGNATURE OF APPLICANT / z" DATE O- � - O � State of New York ) County of Erie ) City of Buffalo ) SS. On the day of 0 CI' , m 2f 6 , before me personally appeared DP /L / S �V lfl(_ -= (4'1 , to me known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof. �I Notary Public /Co issioner of Deed f .........................::.TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL f� VERIFIED BY , t ' X NO RECORD ON FILE DATE VERIFIED 1 v NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED_ 0:407 548 715 RNIV DO ; fa s WAKELAM,DENIS 4 6618 ROYAL PKY S LOCKPORT NY 14094 SEX: M EYES: BR HT: '5-11 CLASS: D END: REST; tt ISSUED: 07-24-01 EXPIRES: 08 -03 -09 } 48523110;•' not ArpLm DOC OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 ASI -4078 LICENSE APPLICATION APPLICATION MUST BE COMPLETED ' 'F PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS < r g CMQUC EM CAIWONY APY[.YINGFOR) L)SED CAR DEALER SECONDjiAND DEALER CRAPPROCESSOR GARAGE SALE VpHOLESALE JUNK ___, PAWNBROKER A EA MARKET (No. OF VENDORS_.. ---) DATE ° `/ U C APPLICANT NAME_ I J 1 �`� 1'7 APPLICANT HOME PHONE * 71 � APPLICANT ADDRESS (STAmp (N O„ T} (cmraoWx o� vwt sc� CO- APPLICANT NAME CO AP�IJCANT ROME,PHONE CO- APPLICANT ADDRESS pto, ST>tB�O { OR SATE INCORMIRATED CORPORATION NAME BUSIlVESS NAME �� 61 v BUSIIVS.SSADDRESS , _2 BUSIIVESS PRONG �� 1 �7 FAXIf �� 5 °J Ii APPLICANT ROME PRONE STAIR TAX ID NUMBER 3 7 7 lU 7 vhf DATE OF But LACE - BD[TH �I IU �1 J7daC � N � ARE YOUA'US- CITIZEN— — --- HAVE YOU EVER BEEN CONVICTED OF A CRIME? IF, SO STATE WHEN, NATURE OF OFFENSE AND DISPOSITION LIST PRINCIPAL OFFICERS OF CORPORATION (IF APPLICABLE] {ADSSS (NAM) (ADDSESSh, (NUMB)'•. SJ QQAlvts) - (ADD1tESb7 . (KAMB) (ADDS (PAWNBROKER ONLY) GIVE SCHEDULE OF RATES PROPOSED TO BE CHARGED om 4 ) W / APPliawt Sigwture Subscribed and swo to before me this _ �l D o f { �._ `� . Co issioner of eeds in and for the City of Buffalo, New York NON RgFUNDABLE APPLICATION FEE ��hl�b 30B FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS f SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 20, 2006 FROM: DEPARTMENT: Commission on Citizens' Rights and Community Relations SUBJECT: [:Commission Appointments PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) ( CIA- � - I -� ��'t 1 0 SIGNATURE DEPARTMENT HEAD TITLE: ita Hubbard - Robinson, JD Executive Director The following appointments have been filed for your approval: - Dana Bobinchek - Special Assistant to the Mayor to fill Ross Runfola's term which expired 6130/06. - Carol Speser - working on her forth unit of Clinical Pastoral Education at Sisters of Charity Hopital to fill David Cauro's term expiring 6/30/09. And the Reappointment of: - Lana Benatovich - to be reappointed to the Commission expiring 6/30/09. The Commission has concerns regarding the appointment of a City employee to the Commission and therefore finds it inappropriate. For clarification purposes, the Commission recommends that the appointment of Carol Speser replace the vacancy left by Mark Philips and not that of David Caruso. David Caruso filled the law enforcement vacancy left by Thomas Higgins in March 2003. Someone having a background in law enforcement should therefore replace the vacancy left by David Caruso. (See attachment) Section 18 - City Charter: Commission on Citizens Rights and Community Relations I' § 18 -20. Commission on Citizens Rights and Community Relations; City Policy. It is the mission of the Commission on Citizens Rights and Community Relations of the City of Buffalo to strive to eliminate prejudice, intolerance, bigotry and discrimination to encourage equality of treatment and prevent discrimination against persons based on race, ethnic background, cultural background, language, religion, gender, sexual orientation, gender identity and expression, disability, nationality and age; and to assure respect for the civil liberties of all citizens. In furtherance of these goals, there is hereby created a commission to be designated the commission on citizen rights and community relations. § 18 -21. Membership of Commission; Conduct of Business. The commission shall consist of eleven (11) members appointed by mayor and confirmed by the common council. MEMBERS SHALL BE RECOGNIZED COMMUNITYLEADERS, SELECTED FOR DIVERSITYAND DEMONSTRATED COMMITMENT TO SOCIAL JUSTICE. AT LEAST ONE MEMBER SHALL HAVEEXPERIENCEINLAWENFORCEMENT. The initial members shall be divided into three (3) classes comprised of four (4), four (4) and three (3) members each The first class shall be appointed to one (1) year terms; the second class shall be appointed to two (2) year terms; and the third class shall be appointed to three (3) year terms. Upon the expiration of the initial terms, all terms thereafter shall be for three (3) years. The members shall appoint from among themselves each year a chairperson and a vice- chairperson. The chairperson shall preside over all meetings and hearings. The vice - chairperson shall act in the absence of the chairperson. In the absence of both, a majority of the members present shall select a chairperson pro tempore. A quorum shall be required for the commission to conduct all business and hearings, and all matters before it shall be decided by a majority vote of those members present. The commission shall meet at least four (4) times each year. Meetings shall be held upon the call of the chairperson or upon a written request of a majority of the commission. The commission shall have the power to appoint an executive director and a secretary. The commission shall request, the mayor shall recommend and the council shall appropriate sufficient funds for that purpose. The commission may also appoint field representatives and staff within funds appropriated and available therefor. The executive director shall be responsible for administering the commission's business and for carrying out such other duties as may be delegated by the commission. The mayor may remove a member at any time for reasons stated in writing upon fifteen days' notice to the common council. The chairperson shall immediately inform the mayor of any vacancy. 31 FROM THE BOARD OF EDUCATION .� r i „Ft� Karen Privateer, Legislative Aide Common Council 65 Niagara Square, Room 1413 Buffalo, NY 14202 December 21, 2006 RE: ITEM #115, C.C.P. 12/12/06 Ms. Privateer: KAM RiF b OCtU, The Buffalo Public Schools is in receipt of the Common Council's request for the Broad of Education's plan on reducing the high school dropout rate. As per this request, the Buffalo Public School district is crafting a document that outlines the district's current and future activity in addressing this concerning issue. Provided the winter recess, it is anticipated that this document will be completed no later than January 5, 2007. If there are any questions related to this correspondence, please do not hesitate to contact me. Eric Jay Rosser Director, Student Support Services 8t Compliance REFE COMMITTEE ON EDUCATION Cc: Dr. Williams, D.Collier BUFFALO PUBLIC SCHOOLS STUDENT SUPPORT SERVICES $ COMRJANCE 432 City Hall, Buffalo, New York 14202 -3375 (716) 816 -3547 Fax (716) 851 -3608 11 WE "Putting Children and Families First To Ensure High Academic Achievement for All” Common Council CITY OF BUFFALO Council Staff RECEIVED Chief of Staff DEC 14 2006 Paul W. Wolf, Esq. December 13, 2006 • SUPERINTENDENT'S OFFICE Legislative Staff Manager Dr. James A. Williams, Superintendent Mary H. Baldwin Board of Education Senior Legislative Assistant ry 712 City Hall James S. Pajak Buffalo, New York 14202 Dear Dr. Williams: Senior Legislative Assistants Castro Lisa M. Collin s Lisa At the Common Council Meeting held on Tuesday, December 12, Mark J. Jaskula 2006, the following item was referred to the Education Committee Jacqueline E. Rushton and to your office for a response: Legislative Aide Karen D. Privateer "Thompson -Req. for Bd. of Ed. to File Report on Reducing High School Drop Out Rate" 65 Niagara Square, Room 1413 (Item #115, C.C.F. 12/12/06) Buffalo, New York 14202 -3318 Phone: (71 Please review the enclosed item, address your response to the 851-42345 Common Council and file your comments and /or recommendations with the City Clerk's Office, 1308 City Hall before 2:00 p.m., on Thursday, December 21, 2006. Please contact Milly Castro or me if you have any questions at 851- 5105. Thank you for your attention to this request. Respectfully yours, I Karen Privateer Legislative Aide Cc: Board of Education Members Enclosure RESOLUTION By: Mr. Thompson 4 Re: Request for the Board of Education to File Report on Reducing High School Drop Out Rate Whereas: Last year during the 2005 -2006 academic year, almost 2,000 students dropped out of the Buffalo Public School System; and Whereas: Almost 40% of students within the Buffalo Public School System do not obtain their high school diploma; and Whereas: Youth dropping out of school contributes to the poverty, violence, and substance abuse found within communities throughout the City of Buffalo; and Whereas: Dropping out of school can be caused by numerous issues, some of which stem from illiteracy; and Whereas: Various professional studies have shown that in New York State prisons, almost 70% of inmates are functionally illiterate, providing a direct correlation between illiteracy, dropping out of school, and becoming incarcerated;. and Whereas: Successfully reducing the drop out rate will directly assist with stabilizing Buffalo communities. Now, Therefore, Be It Resolved That: This Common Council requests that the Buffalo Board of Education file a report for the next Common Council session, scheduled for Tuesday, December 26, 2006, on their plan to reduce the high school drop out rate; and Be It Further Resolved That: This Common Council also hereby requests that this item be referred to an appropriate committee of the counc'I, in addition to seeking responses from the Board of Education and the Mayor's Office for a next Common Council meeting scheduled for Tuesday, December 26, 2006. M. Thompson xY /d' i 35 FROM THE CITY CLERK # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: D ecember 12, 2006 FROM DEPARTMENT: Common Council DIVISION: City Clerk's Office SUBJECT:[: Minutes of the Board of Ethics [: PRIOR COUNCIL REFERENCE,: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) Attached please find the minutes of the February 28, 2006, March 28, 2006, May 2, 2006, June 13, 2006, & November 14, 2006 Board of Ethic meetings. Please note that the Board of Ethics did not meet during the months of July through October. TYPE DEPARTMENT HEAD NAME: Gerald A. Chwalinski TYPE TITLE: Ci SIGNATURE OF DEPARTMENT HEADi .s° \ is City of Buffalo Board of Ethics Meeting February 28, 2006 Present: Douglas Coppola James Magavern Eleanor Paterson Richard Sullivan Gerald Chwalinski Alisa A. Lukasiewicz Excused: Sylvester Harold Absent: Richard Sullivan Mr. Coppola opened the meeting by introducing the City of Buffalo's new Corporation Counsel, Alisa A. Lukasiewicz to its Board members. Ms. Lukasiewicz replaces Mr. Risman. Item #1) Roll Call Item #2) Ms. Lukasiewicz moved to accept the minutes of the January 10, 2006 meeting seconded by Mrs. Paterson. All were in favor and the minutes were received and filed. Item #3) Linda Andersen, Board Secretary, updated board members on the filings of the annual disclosure statements. She stated that all departments and boards have submitted their lists of individuals required to file for the year 2006. The board extended the filing deadline to March 28, 2006 to obtain a completion of filings. Item #4) The Board received and filed the letter of response sent to Mr. Rodenhaus regarding the Department of Permit & Inspections. Item #5) A travel request form submitted by Council Member Fontana was also received and filed by the board. Council Member Fontana is attending a Code Conference in Biloxi, MS. on March 1 — March 3, 2006 Old Business: Item #1) The Board received and filed a letter of explanation received from Mr. Giambra regarding gift expenses and the late filing of travel taken in the year 2004. Item #2) Code of Ethics Handbook Project — The status of this item remains unchanged. Item #3) Corporation Counsel representation — Mr. Coppola informed Ms. Lukasiewicz that should she be unable to attend an Ethics Board meeting that she can, in fact, send a representative from her respective department. Ms. Lukasiewicz stated that she would make every effort to attend the monthly meetings. Mr. Coppola next informed Mr. Magavern of Ms. Lukasiewicz suggestion to hold an in -house training /explanation meeting regarding the Code book. Ms. Lukasiewicz suggested that the Board should try to make an effort to set something up with the Commissioners to provide answers they may have. The meeting would also help to make Commissioners more aware of rules regarding gift and honorary sections of the code and the need to file transactional disclosures. Mr. Magavern then mentioned how the board had talked about in the past coordinating with the Human Resources Department so that the department would routinely provide written information to new hires. Ms. Lukasiewicz stated that she could definitely speak with Mr. Matarese in that regard. She also stated that she thought it would be good to hold a meeting with all Commissioners', possibly every 30 to 45 days for an hour or so to refresh the basic rules. She thought that maybe the best way to do this would be to set the ethics informational meeting in conjunction to monthly meetings of the Commissioners since all would already be attendance. She also suggested this take place sooner rather then later. A tentative date for the first informational meeting was set for March 31, 2006 at 4:00 p.m. Any board members available on this date are encouraged to attend. The boards' secretary will not be required to attend since it is for informational purposes only. Mr. Coppola then informed the board that he received a letter from a former government employee requesting an advisory opinion with regard to a position this individual might accept with a lobbying firm. The letter asks what the constraints were of the City of Buffalo Board of Ethics and weather this individual can accept employment by the City to lobby on its behalf? The Board went off the record to discuss the issue. The Board then came back on the record and Mr. Coppola sited the Code provision § 12.13 Appearance or Compensation after Termination of Service. The Board decided that this individual, in this current firm, would be free to be retained by the City to lobby or provide advice to the City for fee or services given the expertise and contacts and prior State service. Prohibition would come into play should this individual be retained by some private interest for the purpose of negotiating with the City on a private persons behalf where he acquired specific knowledge, lets call it "inside information" for lack of a better term, about plans or developments. That is where Mr. Coppola stated that you'd have to be careful. Mr. Magavern sited section § 12.22 of the Code where it basically makes this process confidential were (the Board) to record or makes public its opinion to the extent that it won't disclose the identity of the person requesting the opinion. Mr. Coppola wanted to make it clear that there was not a specific course of action that this individual was intending to engage upon and wished clarification from us as to whether that was permissible or not. This was, according to Mr. Coppola, one of the most general of advisory opinions in terms of his disclosure that he wishes to not be in conflict with i r the Code and wished to have some idea as to what the limits of activities that are permissible and are not permissible. Mr. Coppola also stated that its proper to keep until otherwise said that it does not matter if it is disclosed that an advisory opinion was sought from the Board. Ms. Lukasiewicz stated that she understands that its the Boards' capacity only to provide an advisory opinion to the extent that there is a specific question and that it may be more appropriate that this individual direct it to private counsel that he obtains. Mr. Magaven stated that private counsel is for anything other then the application of the Code of Ethics. All were in agreement. The next meeting of the Board of Ethics was set for Tuesday, March 28, 2006 in room 1317 at 9:00 a.m. Meeting adjourned. City of Buffalo Board of Ethics Meeting March 28, 2006 Present: Douglas Coppola James Magavern Eleanor Paterson Gerald Chwalinski Alisa A. Lukasiewicz Sylvester Harold Absent: Richard Sullivan Item #1) Roll Call Item #2) Ms. Lukasiewicz moved to accept the minutes of the February 28, 2006 meeting seconded by Mr. Chwalinski. All were in favor and the minutes were received and filed. Item #3) Linda Andersen, Board Secretary, updated board members on the filings of the annual disclosure statements. Ms. Andersen noted that all City Employees have filed, while there are still 29 board members who have not yet filed. Also noted is that two boards (Emergency Medical Services Bd. and the Zoning Bd.) somehow were not given the Annual Disclosure Statements for filing until March 15, 2006. Ms. Andersen stated that she has contacted the appropriate Department Heads via e -mail and telephone regarding non - filers and was, in some cases, informed that the forms were on there way to the Clerk's office. Due to the fact that some boards did not receive the filings until late March, the board agreed to extend the filing deadline to April 30, 2006 in an effort to obtain 100% compliance. The Board discussed the status of the Johnnie B. Wiley Sports Pavilion. Since the Commissioner of Community Services for the City reports that the board is non - active due to County /City issues with the facility, the board has asked Corporation Counsel, Alisa Ludasiewicz, to look into the matter and report her finding to the board at its next meeting. Items 44 & 5) The Board received and filed a travel report from Council Member Fontana as well as travel request and report forms filed by Council Member Kearns. Items 46 - 8) "Transactional Disclosures were received from Mayor Brown and staff members Steven Casey, Jessica Maglietto, Angela Joyner and Peter Cutler for travel during the month of March. The board directed its secretary to please write to the new administration and inform them that the Ethics Board now utilizes travel forms for all 3` party travel taken by City employees. The board is asking that the Mayor and his employees please file the appropriate forms for the Ethic Boards review. The Ethics Board also received a transactional disclosure from Commissioner Tobe, Economic Development, Permits & Inspection and he too was to receive a letter requesting that the appropriate travel forms be filed with the board. Item #9) The Board received and filed a letter received from Council Member Golombek regarding a working lunch he attended at Seneca Niagara Casino. Item #10) The Board received an inquiry that it is according "confidential status" as a formal complaint under the code. The Ethics Board discussed the matter in an executive session with regard to any potential violation of sections of the City of Buffalo Code of Ethics. The Board is continuing its investigations and will report its findings, as required, once complete. Old Business: Item 41) Code of Ethics Handbook Project — The status of this item remains unchanged. The next meeting of the Board of Ethics was set for Tuesday, April 25, 2006 in room 1317 at 9:00 a.m. Meeting adjourned. City of Buffalo Board of Ethics Meeting May 2, 2006 Present: Douglas Coppola James Magavem Eleanor Paterson Gerald Chwalinski Alisa A. Lukasiewicz Excused: Richard Sullivan Absent: Sylvester Harold Guests: Brian Meyer, The Buffalo News Michael Risman, Hodgson Russ Attorneys Rich Newburg, Channel 4 News Item #1) Roll Call Item #2) Ms. Lukasiewicz moved to accept the minutes of the March 28, 2006 meeting seconded by Mrs. Paterson. All were in favor and the minutes were received and filed. Mr. Risman of Hodgson Russ Attorneys asked that his item #13 be moved to the top of the agenda. Mr. Risman explained that he had to appear in court by 9:30 a.m. Mr. Coppola then moved to address item # 13. Item #13) Mr. Risman explained to the board his position with the Hodgson Russ Attorneys Law Firm and the fact that he was contacted by Ticor Title Company to represent one of its clients, Tiger Relocation Company. He further explained that the company was trying to sell a number of foreclosed properties located in the City of Buffalo. Mr. Risman is seeking the Boards' review prior to agreeing to representation. He stated that although he was Corporation Counsel during the time the City had legal dealings with this company he himself had no direct involvement with the company. He is seeking an advisory opinion pursuant to section 12 -22 of the Code. Alisa Lukasiewicz, Corporation Counsel stated that she doesn't see a problem with the representation however, she stated that would like to do some due diligence as to what judgements exist currently and what the amount is for and to confirm the properties that are there and discuss the matter with Bruna Michaux, Commissioner of Assessment and Taxation. Mr. Magavern agreed and recommended that the board wait to vote on the item until after Corporation Counsel investigates further. He also stated that there is a question of principal that he feels the board needs Corporation Counsel's opinion on where supervision of attorneys even though they are not personally involved, there ability to supervisor, weather that constitutes personal participation. The board agreed to table the item and revisit it at its next meeting. Item #3) The board then went back to the top of the agenda and item #3 a subpoena received on April 20, 2006. Ms. Lukasiewicz, Corporation Counsel to the Board explained that on April 20, 2006 the Clerks Office was served with a subpoena for the Board of Ethics which was to collect various documents that pertains to an ongoing investigation by Frank Clark in the District Attorneys Office. Ms. Lukasiewicz stated that she with the assistance of Linda Andersen the Boards' secretary is compiling the records together and complying with the request of the District Attorney. The board so noted and marked the item received and filed. Item #4) Linda Andersen, Board Secretary, updated board members on the filings of the annual disclosure statements. Ms. Andersen noted again for the record that all City Employees have filed. She then stated that there are still 9 -nine board members who have not yet filed. With regard to the BNRC Board there are two board members who have not filed, Mr. Guisiana and Mr. McIvor. Mrs. Andersen contacted Mr. Tobe, Commissioner of Economic Development, Permit and Inspection Services with regard to the two gentlemen and was informed that Mr. Tobe personally contacted Mr. McIvor via telephone to find out that. since this board had not met in three years that Mr. McIvor believed the form was sent in error. Mr. Tobe informed Mr. McIvor that the board was in fact still active and that he would need to comply with the filing of his annual disclosure statement. Mr. McIvor stated that he would do so. As for Mr. Guisiana, there was a question of his whereabouts. It was learned that another member on the board believed that Mr. Guisiana had moved out of state and the matter is being investigated. Mr. Tobe asked the board to extend the filing deadline for Mr. McIvor due to his belief that the BNRC Board was a non - active board. Mr. Coppola then asked the board secretary if the remainder of the non - filers had all been properly notified of their obligation to file. Mrs. Andersen stated that they had. Mr. Coppola then suggested that letters go out to these individuals giving them 10 -days from the date of the letter to comply. With regard to Mr. McIvor and Mr. Guisiana the board suggested that we advise Mr. Tobe that the board is granting a two -week extension to the two gentlemen giving them until May 15 to comply. If they do not respond by May 15 they too should receive the 10 -day letter. Ms. Lukasiewicz stated that while on the subject of filings, she had an update on item #1 under "old business ", the status of the Johnnie B. Wiley Sports Pavilion. She noted that it was another situation of a non - active board. She believed there was confusion on the Boards' part maybe perhaps because of the inter - municipal agreement with the County. This board too has the same situation where there are individuals that have not met in years even as to how to reach them to obtain addresses is unknown. The board secretary noted that the only information on members addresses would be from old filings and she has no way of knowing who, if any, members are on the board today. She further stated that she believed that such information should be made available via the Commissioner of Community Services whose jurisdiction this board falls. Ms. Lukasiewicz stated that the question before the Board of Ethics is, in terms of the Ethics filings is, is it necessary for them to do this and should we reach them or try to find them since they have been a non - active board and they didn't file in the previous year. Mr. Magavern stated that the first question should be are they a defunct board in which case they should be taken off the books. If the theory were that there may be business that may come before them and they need to keep the board alive then you would have to have the disclosure of each member. Ms. Lukasiewicz stated that she certainly believes there is a need for the board and perhaps the board should contact the individuals and request that they file to reinvigorate the existence of that board. Mr. Coppola asked who appoints to the board? Ms. Lukasiewicz stated that it is a mayoral appointment confirmed then with the Common Council. Mr. Coppola asked if Ms. Lukasiewicz could try to find out who appoints to the board, a list of its members and what there term is as well as the legal status of this board by the next meeting. Ms. Lukasiewicz stated that the item should be tabled until the next meeting. All were in favor. Items #5) Mr. Matarese, Commissioner of Human Resources filed a transactional disclosure statement with the board. The board reviewed and received and filed the item. Item #6) The Board received and filed a letter it sent to Mayor Byron W. Brown regarding the filing of transactional disclosure statements. Board secretary pointed out to the board that although she did not have time to place it on the agenda that filed with the transactional disclosures were the travel requests /reports that the board requested in its letter to the Mayor. Mr. Coppola noted that from the Mayors office the board received forms for travel taken on March 2 -3, 2006 to Baltimore, MD for four persons from the Mayors' office that attended a conference to discuss Citi Stat. The board moved to receive and file the items. Item #7) Due to late timing by the Boards' secretary Mr. Tobe did not receive the letter from the Board dated April 18, 2006 until May 1, 2006. Therefore, Mr. Tobe has asked that the board table this item until its next meeting giving him time to reply. The board agreed. For the record Mr. Coppola stated that the Board was due to have a orientation meeting for the new Commissioner's and the new Mayoral staff in March but it was unfortunately adjourned because of the death of the Mayor's mother. Therefore there was not an opportunity for the Ethics Board to have a briefing with the Commissioners' about the Code and Code filings. It is hoped that it will take place at a later date. Item #8) The board received a letter of disclosure from Mr. Ken Kerr, Legislative Asst. to Common Council Member Golombek. He disclosed to the Board that he received two tickets to a Buffalo Sabres game from a Dr. Hormoz Mansouri, President of the E -1 Team valued at $95.00 each. Mr. Magavern stated that the question is does the E -1 Team have business with the City? He further stated that he believed the thing to do is commend Mr. Kerr for the disclosure but point out to him that it appears to violate section 12 -11 of the Code and caution him to be informed of that going forward. Ms. Lukasiewicz suggested having a face to face meeting with him to make him aware of � �? section 12 -11 and the obligations under 12 -11, since obviously in submitting the letter there is certainly a good faith effort on his part to understand that there is some need for disclosure however he may be unaware of what the dollar amounts are that he has to work under. Mr. Coppola stated that maybe he would want to pay for one of the tickets to place him in compliance. Ms. Lukasiewicz stated that she would contact him on this item. Item #9) The board received an itinerary of travel from Mr. Laudico, Fleet Coordinator for Streets /Public Works. The board noted that this information is a follow up to travel forms submitted at an earlier time. If this is found to be the case, the board asked that the itinerary be attached to the travel forms and filed according. Item #10) The board received and filed a letter it sent to a Mr. Schivone regarding employment of a former City employee. Items #11 & 12) Mr. Magavern stated that under the Code that both items #I1 and #12 which are a request for an advisory opinion by the Board of Ethics are of a confidential matter. The Board decided to go into executive session to discuss both items at the duration of its current meeting. Old Business: Item #1) This item was addressed by Ms. Lukasiewicz under item #4 of this meeting. Item #2) The status of an advisory opinion submitted to the board at an earlier meeting of the Board will also be discussed during the executive session at the duration of the meeting. Item # 3) This item is tabled. Mr. Sullivan was excused from today's meeting therefore the board received no further updates. Mr. Magaven moved for Board of Ethic Members to go into executive session to address issue before the board. Mr. Coppola seconded the motion. Returning to the record Mr. Magavern stated that Mr. Coppola had to leave and ask that he (Mr. Magavern) place on the record for the minutes that the Board had come out of executive session. During the executive session the board conferred with the Corporation Counsel about three requests for advisory opinions and requested further information and legal analysis by the Corporation Counsel in each case and will resume consideration of those cases when the Board receives the Corporation Counsels' report. With that the executive session meeting was adjourned. The next meeting of the Board of Ethics was set for Tuesday, June 13, 2006 in room 1317 at 9:00 a.m. Meeting adjourned. City of Buffalo Board of Ethics Meeting June 13, 2006 Present: Douglas Coppola James Magavern Eleanor Paterson Gerald Chwalinski David State for Alisa A. Lukasiewicz, Corporation Counsel Absent: Richard Sullivan Item #1) Roll Call Item #2) Mrs. Paterson moved to accept the minutes of the May 2, 2006 meeting seconded by Mr. Chwalinski. All were in favor and the minutes were received and filed. Item #3) Linda Andersen, Board Secretary explained that the City Clerk's Office was served with a grand jury subpoena on May 23, 2006. The subpoena asked for copies of Board minutes covering the months of January 2006 through March 2006. Mrs. Andersen further informed the board that she made copies of the minutes and forwarded them along with the subpoena on to Alisa Lukasiewicz, Corporation Counsel. Corporation Counsel noted that the board complied with the grand jury's request and the item was received and filed by the board. Item #4) The boards' secretary reported to the Board that it had reached 100% compliance for the filing of the Annual Disclosure Statements by City Employee's and Board Members. Mr. Coppola thanked all for their efforts in getting the job done. Items #5 - 7) The following items were received and filed by the Board. a.) Transaction Disclosure from Council Member Fontana b.) Travel Requests/Reports from Mayor Byron Brown and Staff c.) Response from Mr. Kerr regarding the receipt of and payment for Buffalo Sabres Hockey tickets he received as a gift. With regard to (c) the Buffalo Sabres Hockey tickets, Mr. Coppola suggested that Corporation Counsel notify Mr. Kerr that the board received and filed an anonymous note suggesting that he received four rather then two tickets and ask if wishes to reply. If he does not wish to reply to the board or should he continue to state that he only received the two tickets, the board would consider the issue closed. Board Members agreed that given the fact that the complaint was totally anonymous and there is no substantiation to the knowledge of the person who sent the anonymous letter; the board would have no ability to take further action. Old Business: Item #1) The board received and filed travel forms received from Mr. Laudico, Streets Division. This is a follow up to an earlier item received by the Board. At this time the Board went into executive session to discuss items #2 through items #5. Upon returning to the record Mr. Coppola responded with respect to said items. Item #2) Mr. Risman had been advised, because of the necessity of court appearances that were imminent, that there was no violation to appear on the housing court matter in as much as his position of Corporation Counsel was purely supervisory. Ethics opinions of long standing authority had basically ruled that, absent oxpress direction to the contrary, general supervisory authority over matters such as housing court would not disqualify someone from undertaking future representation in that arena. A formal letter to Mr. Risman will follow which will be a matter of our minutes and then public record. Item #3) With regard to the advisory opinion, we are still considering that matter and a formal letter will be circulated in draft form for our next meeting which will be Tuesday, July 11, 2006. We will undertake the official consideration of the response for an advisory opinion by the Comptrollers Office in that regard. Item #4) In the matter of Burke Glaser, Sr., Mr. Coppola stated that he was advised that the services that he was proposing to render, within the scope of those services and the contexts of his duties, that it did not violate the code for him to perform such service as outlined. A formal letter again, was going to be issued by Corporation Counsel which would be attached to our future minutes as a matter of public disclosure. Item #5) Mr. Coppola thanked Mr. State and Ms. Lukasiewicz of Corporation Counsel for their efforts in that regard and noted that the board is still under consideration of the item 45 for future follow -up at its next meeting as well. Item #6) Mr. State, Corporation Counsel, informed the board that Ms. Lukasiewicz stated to him that there is interest from the Mayor's Office in regenerating the Johnnie B. Wiley Sports Pavilion Board. Mrs. Paterson stated that she believed the question was whether the board was going to remain a board or whether it was going to be resolved. Mr. State responded that it is his understanding that it is a bit of a policy decision. However, when the Mayor decides to regenerate the board he will nominate individuals, they will go to Gerry and then at that point the individuals would need to comply. He also stated that at this point, there is no indication as to when this might happen. Mr. Coppola suggested that the board keeps this item active and includes it on the next agenda under old business. He further asked Mr. State to bring to Mrs. Lukasiewicz's attention that the Johnnie B. Wiley Board is still in limbo and that the Item #7) The board has no new information to report with regard to the Code of Ethics Handbook Project. The next meeting of the Board of Ethics was set for Tuesday, July 11, 2006 in room 1317 at 9:00 a.m. Meeting adjourned. ) �1 City of Buffalo Board of Ethics Meeting November 14, 2006 Present: Douglas Coppola James Magavern Eleanor Paterson Gerald Chwalinski Sylvester Harold Cavette Chambers for Alisa A. Lukasiewicz, Corporation Counsel Excused: Richard Sullivan Guest: Brian Meyer Item #1) Roll Call Item #2) After reviewing the minutes of the meeting of June 13, 2006 the board noted some corrections. The first is under Item #2, first sentence. The word "intimate" will be removed and replaced with the word "imminent." In the following sentence it should read "ethics opinions of long standing authority had basically ruled that absent express direction to the contrary," etc. With those corrections, Mrs. Paterson moved to accept the minutes of the June 13, 2006 meeting seconded by Mr. Magavern. All were in favor and the minutes were received and filed. Item #3) Mr. Tobe, Commissioner of Economic Development, Permit and Inspection Services submitted three separate transactional disclosure statements for the boards' review. After reviewing each submission the board received and filed the items. Item #4) Mr. Matarese, Commissioner of Human Resources submitted two separate transactional disclosure statements for the boards' review and each were received and filed by the board. Items #5) The board next received and filed a transactional disclosure statement received by Council Member Kearns regarding a charity golf tournament he attended. Item #6) Again, the board reviewed transactional disclosure statements received from Joseph Giambra, Commissioner of Public Works, Daniel Kruez, City Engineer, Gerald Chwalinski, City Clerk, and Patrick Sole, Jr., Deputy City Clerk regarding their attendance at Mayor Byron Brown's Annual Golf Tournament. The board received and filed the items but asked that Mr. Chwalinski find out for the Board where the proceeds for this event go. Mr. Chwalinski stated that he would do so and report back to the board at its next meeting. Item #7) The board received and filed correspondence sent to Mr. Lombardo, Commissioner of the Buffalo Fire Department regarding his submission of a transactional disclosure. Item #8) The board's secretary sent out letters to newly elected board members informing them of their obligation to file an annual disclosure statement with the Board of Ethics. The board secretary reported to the board that all had since filed. At this point the Board went into Executive Session to discuss items under old business. Upon returning to the record the following is reported. Old Business: Ms. Cavette Chambers reported on behalf of Corporation Counsel: Item #1) Corporation Counsel stated that regarding Mr. Risman's advisory opinion that she (Ms. Lukasiewicz) spoke directly with Mr. Risman and he was cleared to work on the case and noted that he has been doing so for several months now. Corporation Counsel stated that it does not feel that there is an issue. The Ethics Board agreed and stated that this item can now be removed from the agenda. Item #2) With regard to Ms. Fishkin, Corporation Counsel stated that she (Alisa Lukasiewicz) has asked Assistant Corporation Counsel, Peter Savage, III to work on this issue with her. The Ethics Board stated that this item should remain on the agenda and requested that either Mr. Savage or Ms. Lukasiewicz file a report with the Board by its next meeting. The report should clarify weather or not there will be a newly constituted board falling under the Audit & Control Department for which filings of Annual Disclosure Statements would be required in the January cycle. Item #3) Corporation Counsel reported that it has had several conversations with Mr. Glaser and he has been verbally cleared and has been working on the project for several months. Corporation Council further stated that a letter would be going out to Mr. Glaser by the end of November. The Ethics Board responded by stating that a receive and file letter should be requested from Corporation Counsel to confirm the clearance and that the item will remain on its agenda until its next meeting. Item #4) Regarding the formal complaint received by the board, Corporation Counsel has reviewed the matter and has been speaking with a Mr. Bill Grande, attorney for whom the formal complaint has been filed against. The Ethics Board followed up stating that during its executive session they discussed the formal complaint violation of the code, which under the code is to be kept confidential until such time as a determination of probable cause has been made. The Board then resolved to request that Corporation Counsel meet with its board again to continue discussing the status of that investigation. This item will remain active and be placed on the agenda for the next meeting. Item #5) Corporation Counsel believes that Johnnie B. Wiley Sports Pavilion is not an issue at this time. It informed the Ethics Board that the Johnnie B. Wiley Sports Pavilion should be considered a defunked board. Corporation Counsel further stated that if the Ethics Board wanted to leave this issue on the agenda until its next meeting it would have no problem with that decision. The Ethics Board stated that it would need clarification by its next meeting of the status of the Johnnie B. Wiley Sports Pavilion. If the board is to remain defunked, the City Clerk's Office should be advised so that this board does not pursue filings from a defunked board. If it is to be reactivated in the year 2007 the Clerk's office will need to be informed of such so that filings can be requested accordingly. This item will remain on the agenda for clarification at its next meeting. Item #6) With regard to an anonymous letter received by the board dealing with sports tickets received by Mr. Kerr, Leg. Asst. to Council Member Golombek, Corporation Counsel stated that since Mr. Kerr has since paid for the tickets it is no longer an issue. The Ethics Board agreed that this item should be closed and removed from the agenda. Item #7) The board has no new information to report with regard to the Code of Ethics Handbook Project. Mr. Magavern noted that an individual assigned by Mr. Sullivan to work on this project some time ago did put quite a bit of work into it and thought that Mr. Sullivan could give the board a status report on its progress. Mr. Coppola stated that he would speak with Mr. Sullivan requesting that he clear his calendar to attend the boards' next meeting. Cavette Chambers, Assistant Corporation Counsel reported to the Board that Corporation Counsel wanted to inform the Ethics Board that City Commissioner's did meet with the FBI at an FBI sponsored training that took place sometime in October. Mr. Coppola stated that if there were any agenda's or materials distributed at the session the Board would be interested in receiving copies of whatever the FBI provided. The boards' secretary inquired on the letter sent annually by the Mayor's office to all City Commissioner's regarding the preparation of lists of the names of City employees and board members required to file annual disclosure statement with the Ethics Board. She stated that the sooner the letter is distributed the sooner the City Clerk's Office would receive the lists for conformation of names. Mr. Coppola asked if Mr. Chwalinski could work on this. Mr. Chwalinski stated that he or Corporation Counsel would look into the matter. The next meeting of the Board of Ethics was set for Tuesday, December 12, 2006 in room 1317 at 9:00 a.m. Meeting adjourned. 'Q I 44 No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor /Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks- Police- X. c6 o r- f' a'�J�. 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: December 12, 2006 POLICE DIVISION: SUBJECT: : Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) : Item No. Ex. ( Item No. xxx C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE BELOW Laborer I Kevin Cannon assigned to Headquarters has been granted a medical leave of absence without pay for the period of 7 weeks commencing December 12, 2006 through January 31, 2007. HMG /tlo TYPE DEPARTMENT HEAD NAME: H McCarthy Gipson TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: P -12e DATE: 4 5 __ CAP NAME: �4e� iv-\) cl �' u *SSN: ®XX - 22°3 I * * LAST FOUR (4) DIGITS ONLY RANK:- 4 A -�C}2 �. UNIT: • 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: ' � I Aol C 7 ,!Zz4&� EMPLOYEE SIGNATURE APPROVED / DENIED / APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT - POLTCE 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 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: ' � I Aol C 7 ,!Zz4&� EMPLOYEE SIGNATURE APPROVED / DENIED / APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT - POLTCE 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 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT DIVISION: DATE. December 5. 2006 SUBJECT: : Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) : Item No. Ex. ( Item No. xxx C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE BELOW Police Officer Donna Donovan assigned to the B- District has been granted an extension to her maternity leave of absence without pay for the period of 30 days commencing December 5, 2006 through January 4, 2007. Lieutenant Phyllis Ostrowski assigned to the D- District has been granted a personal leave of absence without pay for the period of 4 weeks commencing December 1, 2006 through December 31, 2006. HMG /tlo TYPE DEPARTMENT HEAD NAME: H. McCarthy Gipson TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: P-1 DATE: NAME: *SSN: m - xx I �, i c i * * LAST FOUR (4) DIGITS ONLY RANK UNIT:` EDUCATI EMPL OYMENT MEDICAL e FAMILY MEDICAL El MILIT ;, 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) SWO MEMBERS REQUESTING A EXTENSIONS IN EXCESS OF THIRTY) DAYS; MUST SURRENDER OF HEIR DEPARTMENTAL WEAPON,RADIO, CAP SPRA, ACCUMU BADGE, WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE. FAIL URE TO DO SO 4� THE RESULT IN HE REVOC TION OF THE LE OF DATE CC: ORIGINAL - ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL �7'o_j DATE: NAME: ASSN: xxx — xx - * * LAST FOUR (4) DIGITS ONLY RANK: UNIT: 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 LEA VE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE: ke), ' 4 h t q _ e- LdQ Ii K e- f, To'A"rj� Or I' K dp -S e j +k":! oc � DATES OF . LEAVE BEGINNING DATE: END DATE: RETURN DATE LENGTH OF LEAVE: c e 14 S EMaLOYEE SIGNATURE APPROVED /DENIED/ APPROVED DENIED / APPROVAL CO _.q DATE CC: ORIGINAL — ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL V I i 46 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. 3l r #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: in the Department of Division of to the Position of 12 -18 -06 Common Council University District Intern VI Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) FLAT ,(Enter Starting Salary) : Starting Salary o£ $10.00 LAST JOB TITLE NAME JaHarr S. Pennington LAST DEPARTMENT DATE ADDRESS 147 Davidson Avenue LAST SALARY CITY & ZIP Buffalo, NY 14215 LAST 4 DIGIT OF SSN. XXX -XX -9420 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 1010,2 OCR 1 TITLE CODE NO BUDGET ACCT. OBJ. H 1900 PROD. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: December 11, 2006 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) f, 46A 3 No. Appointments- Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. k ' #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: 12/08/06 in the Department of Community Services & Recreational Programming Division of Youth to the Position of Intern III Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) 1' ; S S 1 F I 1° 0 Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of: $8.15 LAST JOB TITLE NAME Dorcas Rosa LAST DEPARTMENT DATE ADDRESS 340 Hampshire Street LAST SALARY CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SSN. XXX -XX 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 15513001 TITLE CODE NO BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR REASON FOR APPT. ABOVE THE MINIMUM: 1772 HOUR NAME OF APPOINTING AUTHORITY: _Tanya Perrin - Johnson TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 12/7/06 SIGNATURE OF APPOINTINC OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) EVA No. Notices of Appointments - Seasonal /Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. 1 �3 (Rev 1 -02) Certificate of Appointment n 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 )romotion(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: December 11, 2006 in the Department of Assessment and Taxation Division of to the Position of Clerk -- Seasonal Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $8.15 /hour LAST JOB TITLE College Intern Program NAME Cavina Littlejohn LAST DEPARTMENT Human Resources DATE 10/06 ADDRESS 601 Wyoming Avenue LAST SALARY Volunteer /unpaid position CITY & ZIP Buffalo NY 14215 LAST 4 DIGITS OF SSN. XXX - XX - 4863 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 10647001 TITLE CODE NO 0010 BUDGET ACCT. OBJ. 4112002 PROJ. ID PERSONNEL REQ. NO 2006 -0053 SALARY RANGE OF POSITION $8.15 /hour PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: Bruna Michaux Commis sioner DATE: D ember 11, 2006 l SIGNATURE OF APPOINTING AUTHORITY: 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) `l #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: December 18, 2006 in the Department of Administration, Finance & Urban Affairs Division of Parking Enforcement to the Position of Laborer I) Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM jEnter Starting Salary) : Starting Salary of $8.15 /hour LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Joseph Mielcarek DATE ADDRESS 43 South Pontiac CITY & ZIP Buffalo, 14206 LAST 4 DIGITS OF SSN. XXX -XX -5384 LAST JOB TITLE NAME Kevin Derfert LAST DEPARTMENT DATE ADDRESS 139 Benzinger LAST SALARY CITY & ZIP Buffalo, 14206 LAST 4 DIGITS OF SSN. XXX -XX -5957 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 11413001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2006 -79 SALARY RANGE OF POSITION $8.15 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: Donna J. Estrich Commissioner DATE: December 12, 2006 SIGNATURE OF APPOINTING AUTHORITY: 14 _ZA i C, , 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) No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. #3 (Rev 1 -02) Certificate of Appointment 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: December 14, 2006 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of: $24,430 LAST JOB TITLE Laborer II (Seasonal) NAME Jeffrey LaFrano LAST DEPARTMENT Public Works /Streets DATE 12/14/06 ADDRESS 160 North Ogden Street LAST SALARY $8.15 hrly CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX -XX -5662 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 411001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 13296001 PROJ. ID PERSONNEL REQ. NO 2006 -026 SALARY RANGE OF POSITION $24,430 - 27,726 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Joseph N. Giambra TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 12/14/2006 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 C CINftS I V' GI tY C LtKK (UN1btt Hrrvuv i wItN i UH i c) 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). 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: December 18, 2006 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $10.25 LAST JOB TITLE Sr 1st Cl Stationary Engineer NAME Kevin G. McCarthy LAST DEPARTMENT Buildings DATE 05/17/06 ADDRESS 917 Abbott Road LAST SALARY $10.25 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -4859 LAST JOB TITLE_ LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2006 -43 SALARY RANGE OF POSITION $10.25 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Joseph N. Giambra TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: SIGNATURE OF APPOINTING OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) I < --/ 48 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS DOMINIC J. BONIFACIO, JR. NIAGARA DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1504 City Hail BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5125 A FAX: (716) 851 -4970 Email: dbonifacio @city- buffalo.com December 13, 2006 Gerald Chwalinksi, City Clerk City Hall, Room 1308 Re: Niagara River Boardwalk Dear Mr. Chwalinkki: COMMITTEES COMMUNITY DEVELOPMENT FINANCE LEGISLATION LEGISLATIVE ASSISTANT CHRISTOPHER P. SAVAGE em t "t , , mmvt I am requesting that this packet discussing the Niagara River Boardwalk be sent to the Common Council's Community Development Committee for further discussion. Thank you for your attention with this matter. Very Truly Yours, a 4 f �� Dominic J. Bonifacio, Jr. Majority Leader Niagara District Councilmember 'REFERRED TO THE COMMI I y ENT. DEVELOPM When the ferryboat was running it was good for the whole of the West side. In recent years the area of Niagara Street, Grant Street, West Ferry, has seen a decline. Crime rates have risen and despite the efforts of community leaders, businesses have been moving away. There is no miracle cure for a depressed area. But it is our civic responsibility to take advantage of all resources available to improve the area. The largest asset in Buffalo in general, and the Niagara street area in particular, is the Niagara River. Draining Lake Erie and leading to the world famous Niagara falls. The Niagara River is not utilized to it's fullest potential. Imagine a Boardwalk on the mighty Niagara. What a tourist attraction that would be! This is an easily attainable dream, which could bring numerous benefits that would far out weigh the costs involved. Niagara River Boardwalk <� i1 TIONAL TOURIST ATTRA Nia ara River Boardwalk A BOARDWALK ELEVATED OVER THE BREAKWALL: (60 feet wide and 6000 feet long.) Starting at Broderick Park projecting into Lake Erie. The Boardwalk would straddle the Break wall separating the Niagara River and the Canal. The Niagara River Boardwalk could satisfy all kinds of tastes. Fishermen, joggers, bird watchers, Etc. The Niagara Boardwalk could also serve, as a place people would watch the West Side Rowing Club Regattas. Thus reviving more interest in this national and international sport. This would be a financial boom to the West side area and the City of Buffalo. Also prospering would be Niagara `Blvd. ", Grant St. and Elmwood Ave. The Boardwalk could become just as famous as the Atlantic City boardwalk and Niagara Falls. The Falls at one end of the river and the Niagara Boardwalk at the mouth of the Niagara River. Just imagine literally walking on the mighty Niagara. The future unfolds the possibility that Niagara Blvd. Along the river could become the West Side's Main Street. With motels and restaurants built on both sides of Niagara Blvd, Overlooking the Mighty Niagara. This of course would first stem from building the Boardwalk. Then let nature take its course. The possibilities are endless. There could be moving vendors such as ice cream carts, hot dog carts etc. And perhaps a souvenir shop. Colorful arts and craft shows, antique car shows would be a great drawing card for people on both sides of the border. Imagine being on the Canadian side and seeing this Boardwalk with its lights lit up at night. It would be beautiful! What a combination. The world famous Peace bridge as a background for tourists taking pictures. This one singular endeavor would have more beneficial spin off to numerous to list compared to monies spent elsewhere with the 'least investment. The real estate in this area would rise. Building motels would be encouraged along with restaurants, thus increasing our tax revenues. The Niagara Boardwalk could handle 50,000 or more sightseers per week to start. This could inject 1 million dollars or more per week in monies being spent in the area and surrounding businesses. Niagara Blvd. Riverside, Grant St. Elmwood Avenue, Etc. Charles L Griffasi 87 Shoshone st. Buffalo, New York 14214 Tel.# 833 -2505 Money intended to improve shoreline shouldn't become county slush fund Do people really not understand the phrase "Niagara Riv- er Greenway"? It's not that difficult a concept: a system of linked parks, river access sites and waterfront trails along the Niagara River. Yet, somehow, the money - spenders in Niagara County have failed to grasp the essence of the idea. Instead of want- ing to direct the money to its intended purpose, county, mu- nicipal and school officials see the program as the signal for a spending spree on projects that, however worthwhile, have nothing to do with reclaiming this region's most neglected asset: its waterfront. No wonder nothing much ever gets done in this mismanaged county. Without any evident sense of embarrassment, for exam- ple, the chairman of the Niagara County Legislature said he wants his county to ignore restrictions on the money's use. "We'd like to use that money ... throughout our county and not just be limited to a narrow corridor from lake to lake," said William L. Ross. That is, at best, an appalling lack of vision. It trades short- sighted gains — things like improving school athletic fields that otherwise might have to be paid for by school district taxpayers if the projects pass budget - process muster — for a farsighted investment in a key community improvement that rrnild nrnvirla even mnrP benefits for tax oavers in-the vJ And the Niagara River Boardwalk long run. Making Niagara a more livable community, and capitalizing on a world -class natural attraction that can lure both new residents and new companies to boost the econo- my and tax base, would be a far greater benefit for taxpayers. It's a lot of money Ross is talking about. As part of the re- licensing of the New York Power Authority's Lewiston gener- ating plant, the bicounty greenway is expected to be funded to the tune of $450 million over 50 years. If directed toward the goal of creating a river - bound greenway, that money could be decisive in restoring not just the river area, but the entire region's image of itself. But as any kid who gets an allowance knows, it takes dis- cipline to spend strategically, and when it comes to govern- ment, that commodity is often in short supply. That is espe- cially so in Niagara County. The refusal of Niagara's elected officials to use this money for its intended purpose smacks of the foster parents who get government money for the specific purpose of caring for an ill- treated child, but who use the money to suit their own preferences. The abused child in this case is Western NewYorws beau- tiful but mismanaged shoreline. Erie County is planning to use its share of greenway funds to meet the program's goals. Elected leaders in Niagara County should get their minds right on this, too. To fritter away this pot of gold would insult the region's residents, its reputation and its crucial but mis- treated environment. YEARS OF LOOKING AHEAD HARRIS BEACH /ATTORNEYS AT LAW December 6, 2006 Dorothy Johnson Executive Director Buffalo Fiscal Stability Authority Market Arcade Building 617 Main Street Suite 200 Buffalo, N. Y. 14203 99 GARNSEY ROAD PITTSFORD, NY 14534 ;> (5$5) 419 -8800 PETER J. SPINELLI DIRECT: 419 -8639 FAX: (585) 419 -8817 PSPINELLIC@HARRISBEACH. COM Re: Proposed Amendment to Living Waf4e Ordinance; Impact on BFSA Wage Freeze Dear Ms. Johnson: You have requested our advice regarding the above matter; specifically whether an amendment by the Buffalo City Council to the living wage ordinance which would increase the minimum wage rate for city employees would conflict with the BFSA Wage Freeze which became effective April 21, 2004. We have reviewed the materials you forwarded to us, including the proposed amendment, the November 8, 2006 correspondence from Sam Magavern, (Compliance Coordinator, Living Wage Commission) to Council Member Richard Fontana, the single page communication to Common Council from the Department of Administration, Finance and Urban Affairs dated October 26, 2006, and the November 15 t1i correspondence from Mr. Magavern to Assistant Corporation Counsel Peter Savage. The proposed amendment woul add a cost of living adjustment to the l' age rate, increasing it on January 1, 2007 t $9.59 er hour with health benefits an $10.77 er hour without health benefits, utilizing the Consumer Price Index to adjust these hour y rates each subsequent January 1, based upon the previous year's CPI increase (utilizing the Index for all urban consumers — CPI -U). There can be no dispute that the proposed amendment would result in an increase in wages for certain employees of the City and other "Covered Organizations" s> the BFSA Act. The November 8"' Magavern to Fontana correspondence estimate a $62,000 c st for the first six months of 2007. The October 26 single page communication mon Council F,e Dorothy Johnson December 6, 2006 Page 2 1 YEARS OF LOOKING AHEAD HARRIS BEACH ATTORNEYS AT LAW suggests that the economic impact could be offset by hiring fewer workers, but that communication also raises the concern that the increase could be a violation of the Wage Freeze. The November 15 Magavern to Savage letter raises two arguments in support of a Ending that the living wage ordinance amendment would not violate the Wage Freeze. First, it quotes the language of the BFSA Act, which allows the Authority to freeze: all increases in salary or wages of employees of the City and employees of Covered Organizations which will take effect after the date of the order pursuant to collective bargaining agreements, other analogous contracts or interest arbitration awards, now in existence or hereinafter entered into, requiring such salary or wage increases as of any date thereafter ..." (Section 3858.2 [C](i)). Mr. Magavern suggests that the proposed amendment would not fall within the phrase ``collective bargaining agreements, other analogous contracts or interest arbitration awards ". We believe this conclusion to be incorrect. In our opinion, the proposed amendment fits within the term "analogous contracts ". All employment constitutes an implied or express contract to perform services for an expected wage or salary. Employees of the City and Covered Organizations are subject to either union contracts, specific written employment agreements or an at -will contractual relationship with their employer. The promulgation of legislation by Common Council, establishing a new minimum living wage, which would require an increase in wages would violate the BFSA Wage Freeze Resolution (04 -35) which provides; "[T]his Wage Freeze shall apply to prevent and prohibit any increase in wage rates, wages, or salaries for any employee of the City or a Non - exempt covered Organization, including but not limited to, any increased payments for holiday and vacation differentials, shift differentials, salary adjustments according to plan and step -ups or increments; and including increases in wage rates, wages, or salaries pursuant to any plan or schedule for advancement or promotion; and including any increases in wage rates, wages or salaries provided for under collective bargaining agreements, interest arbitration awards, employment agreements, or discretionary increases to non - represented employees ..." Whenever interpreting statutory language, one must look to the intent and purpose of the legislation. The BFSA was empowered to enact a freeze on wages and salaries because of its finding that such action "is essential to the adoption or maintenance of a City budget or a Dorothy Johnson December 6, 2006 Page 3 f il YEARS OF LOOKING AHEAD HARRIS BEACH ATTORNEYS AT LAW financial plan ". Further, once enacted, the Authority is granted broad discretion to continue the freeze until such time as "it finds that the fiscal crisis, in the sole judgment of the Authority has abated ". (BFSA Act Section 38.58.2[D]). Thus, a City ordinance which would allow increases in wages and salaries would violate not only the language of the statute, but also the spirit and intent of the provision granting authority to the BFSA by the New York State Legislature. Mr. Magavern also relies upon the Court of Appeals decision in Patrolmen's Benevolent Association v. City of New York 41 NY2d 205 (1976). He further cites the case of Mee ag n v. Masiello 21 AD' 1266 (2005), which interprets the BFSA Act Wage Freeze provisions. In our opinion neither of these cases would support the position that a legislative wage increase is consistent with the existing Wage Freeze Resolution. In the PBA case the Court found that a judicially mandated remedy embodied in a judgment did not fit within the term "collective bargain agreements or other analogous contracts ", and there was no basis for inferring a differing legislative intent. In the Meegan case, the Buffalo police union attempted to rely upon the Court of Appeals PBA decision. This was rejected because the proposed increase was not one which was to take effect "exclusively `as a result of a judicially mandated remedy embodied in a judgment' of a court"; rather, the increase in Mee an had "its genesis entirely in a collective bargaining agreement ". In sum, the proposed legislation does not constitute a judicially mandated remedy embodied in the judgment; rather it constitutes an analogous contract to provide a wage increase, and it is thus prohibited by the Wage Freeze currently in effect. Finally, Mr. Magavern's November 15 letter expresses the opinion that the proposed ordinance would be at least valid with respect to private employers who are subject to the living wage ordinance. This is not an issue on which you have requested our opinion; however, in order to avoid confusion, should the City decide to proceed with the amendment to the living wage ordinance as to private employers, it would be advisable to have that legislation specifically provide that the ordinance will not be applicable to the employees of the City and non- exempt Covered Organizations during the pendency of the current Wage Freeze or any future Wage Freeze. Very truly yours, {..� To THE cOMMITTEE )IN LEG Peter J. Spinelli 201C93 131490.1 f�C��4r1D1 �Y Y December 2006 � (4 Franczyk Park Cleanup ctivities U pdate �roRKP p p Environmental Restoration Program Project No. B00174 -9 INTRODUCTION This fact sheet is being provided to update you on the status of planned cleanup activities at Franczyk Park through the Environmental Restoration Program (ERP). As you may know, a cleanup plan has been selected for Franczyk Park by the City of Buffalo's Department of Public Works, in partnership with the New York State Department of Environmental Conservation (DEC). A public meeting was held on January 12, 2006, at the T.J. Dulski Community Center to discuss the proposed cleanup and restoration activities for the park, and to gather public input on the recreational design for the park. PROJECT STATUS UPDATE The design of the park has been completed, however, due to unanticipated delays in securing project funding, cleanup construction was not able to begin this year, as planned in the original project schedule. Now that funding has been successfully secured, the project will continue with its original cleanup goals, but with a revised schedule. Since winter is not an ideal season for construction, cleanup activities are now scheduled to begin in the spring of 2007 and will continue through the summer of 2007. Planned cleanup activities for the park will remain the same, and are described in greater detail below. We have appreciated your input and involvement in this project, and look forward to its successfiil completion. If you have any questions regarding this project or the revised schedule, please feel welcome to contact the representatives identified on the back of this page. Thank you for your patience as we work towards our common goal of improving and restoring Franczyk Park. Fact sheets, such as this one, will be sent to keep you updated throughout the duration of this project. DESCRIPTION OF PROPOSED CLEANUP ACTIVITIES To eliminate or reduce human health and environmental threats associated with potential exposure to contaminants, and to allow continued use of the site as a City park, the City and DEC are proposing the following cleanup activities: • Implement a remedial design program to provide details necessary for the construction, maintenance, and monitoring of the cleanup program; • Excavate soil or fill determined to be hazardous and dispose ofoff site; • Increase existing soil cover through the placement of at least 18 inches of clean fill in all park areas; • Place at least six inches of topsoil and establish a vegetative cover in all green space areas, or place at least six inches of concrete or asphalt paving in non - vegetated areas; rh l iam Sl jf 4 r P; n. 3 G� t.. Franczyk Park 1 , Si R The design of the park has been completed, however, due to unanticipated delays in securing project funding, cleanup construction was not able to begin this year, as planned in the original project schedule. Now that funding has been successfully secured, the project will continue with its original cleanup goals, but with a revised schedule. Since winter is not an ideal season for construction, cleanup activities are now scheduled to begin in the spring of 2007 and will continue through the summer of 2007. Planned cleanup activities for the park will remain the same, and are described in greater detail below. We have appreciated your input and involvement in this project, and look forward to its successfiil completion. If you have any questions regarding this project or the revised schedule, please feel welcome to contact the representatives identified on the back of this page. Thank you for your patience as we work towards our common goal of improving and restoring Franczyk Park. Fact sheets, such as this one, will be sent to keep you updated throughout the duration of this project. DESCRIPTION OF PROPOSED CLEANUP ACTIVITIES To eliminate or reduce human health and environmental threats associated with potential exposure to contaminants, and to allow continued use of the site as a City park, the City and DEC are proposing the following cleanup activities: • Implement a remedial design program to provide details necessary for the construction, maintenance, and monitoring of the cleanup program; • Excavate soil or fill determined to be hazardous and dispose ofoff site; • Increase existing soil cover through the placement of at least 18 inches of clean fill in all park areas; • Place at least six inches of topsoil and establish a vegetative cover in all green space areas, or place at least six inches of concrete or asphalt paving in non - vegetated areas; i Leon M. Hicks 15 BENNETT VILLAGE TERRACE BUFFALO, NEW YORK 14214 FILED (716) 465 -2334 CIT Y- CLERK 2006 DEC 20 AM 8: 43 December 2,006 eoU4 (I- t/Ae- "It is my belief that every`, generation has a responsibility to not only carry on the legacy of our parents but to investigate and question our beliefs, habits and customs. Indeed we must wrestle with our past in order to break through the barriers that. limit us. "' By: Unknown My name is Leon Michael Hicks, and I write this letter .to you, in order to ask for your support of my candidacy for the Masten District Common Council Seat, which will become vacant, once our current Council Member Antoine Thompson becomes our next State : Senator. I see the potential in our great community. From our Beautiful Jefferson Strip to our eloquent Hamlin Park, from our, Historic Main Street to our Humboldt Pkwy, from Central Park Plaza to Martin Luther King Jr., Park, the wonder can be seen. Our Masten District is made up of beautiful neighborhoods clouded by abandoned properties, absentee landlords, and bad conduct. Our homeowners live in fear every day, of becoming the next headline in the Buffalo News. This disrespect has to stop) The City of Buffalo has positioned itself either by fate or by circumstance in a period of time, referred. to as `Re -Birth. However, to experience a re -birth one must first have experienced ".111e I am a homeowner, in the Masten District and a life long resident who, .currently works in" the Lovejoy. District. Common Council Office as a Legislative Assistant to Council Member Richard A. Fontana. I attended the Model Academic Bennett High School where I graduated with Honors from the Law Magnet Program. I feel it is. my ;responsibility to ensure that wonderful things happen in the Masten Community. I also serve as a Community Housing Court Liaison. This has opened my eyes to the epidemic of absentee landlords,, vacant and abandoned homes, and empty lots that is destroying our community.. And as Council Member, I want to carry on this legacy to restore he hope, pride and thrive in our City, by destroying the 'mindset of MEDIOCRACY, which has encompassed our city. More specifically, our Masten District, And as Council Member `I will exploit the potential on every street and force the re -birth in ourCommunity. I want the Masten District:to be the example community in the Queen City: Furthermore as Council Member, I will work closely with the_district's Block Clubs in order to better serve the district as a whole. Making "it possible for me to stay involved on every street and connected to the entire community. By saying all of this, I understand the importance of quality of life issues and will work hard and un- conditionally for such BETTERMENT. I will maintain and grow the success The 3guffato Common Council MICHAEL 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 vaoic Pia6 o- 1 �9ZTUZT M111 CLAIMS WATERFRONT DEVELOPMENT COMMITTEES 0, CIVIL SERVICE EDUCATION FINANCE LEGISLATIVE ASSISTANTS JOY M. PENDERS MARTI MURPHY TO: Gerald Chwalinski FROM: Council Member Kearns DATE: December 18, 2006 RE: File — \-, 6 I would like to file the attached information for the next Common Council meeting to be held on December 26, 2006. Thank you. R I 'Er''RP, TO THE SPECIAL COMMITTEE C — FD a ON VVA DEVELOPMENT "For the People-" \1() DECEMBER 15 - 21, 2006 New parkway sought FROM PAGE I eral gas taxes already collected by Newyork studied in the report were Louisville and state or Seattle. from a new, potential p o f f dollars. The report calls the Skyway liability in 'Albany has to be convinced this makes terms of its high maintenance costs and low good economic sense," Higgins said. reliability due to frequent closures.,, The state Department of Transportation It said both Milwaukee and San Francisco did not return a call concerning the Sky have replaced elevated roadways with new, way. bOWevard-like roadways. As a result, they Demolishing the roadway I would open have seen signifi growt in economic at least 300 acres of prime development for develo, waterfront land pment. The land is mostly along "Replacing the Skyway with a surface ',.the edge of Lake Erie but is difficult t reach and d a lift bridge would provide more direct access that supports economic devel- OPMent," the report stated. Norquist already has a local champion, Rep. Brian ,FEg- gins, D-Buffalo, who s it s on the Congressio nal Committee for Transportation and Infra- structure. As a state assemblym an in 2003, Iliggins started a push to have the Skyway demol- ished and replaced with a Parkway. He is not alone. in 1989, then-Buffalo M ayor James Griffin also called for it 9 demolition. Four ye I ate s r, so did then-county Executive Rep. Brian Hi Dennis Gorski. - ggins estimates it costs the state Depart. menit of Transportation $10 million nnually just to would The constant theme is that maintain removing the Skyway n and repair the aging' Buffalo Skyway. uld encourage Private sector-driven om- because of a convoluted network of roads is development projects - along the I . . ; al outer caused by the Skyway's presence. Higgins harbor land that extends from Buffalo to estimates another 300 or 400 acres of land Lackawanna. that sits un demeath the Skyway i might be "It is less about tearing down the Skyway Opened,for development purposes. , and more about building something up on Norquist, meanwhile, "said he is familiar the waterfront,,, Higgins said. "Until this is with how the rem of an elevated road= addressed, Buffalo will never, eve realize its way can open prime land for development. Potential as a waterfront city He led a similar effort during his te nure as The difference now, he, said, is that the mayor of Milwaukee. incoming administration of Gov. -elect Eliot The state of Wisconsin spent $27 mil- Spitzer may have a sympathetic ear. The lion to demolish its Skyway-like roadway report by the Congress .for New urbanism Renovating the structure `would have cost adds another layer of suppo for the effort. $8o'miffion. "Tine basis ofan Is fa ctual ihfOr NOrqUist looks at Buffalo and sees a par- mation," Higgins sa id. 'One of the things I allel with Milwaukee. want to do is chang th level of thinking "Buffalo has been a victim of a lot of around here when it comes to the Skyway. intrusions from Albany," he said, "The DOT .-Instead Of focusing on the cost of replacing has made Buffalo' into a truck stop along the the Skyway, Skyway, we should be looking at what it Thruway for the really costs to maintain it," past 50 Years. This is your It costs about $lo milli -chance to change that." on a year to main- List December, the DOT initiated a pre- tain the 1A.-mile-long elevated roadway that liminary feasibility study concerning the crosses Buffalo 'sinner harbor, he estimated, roadway's removal. That study has not y Replacing it with a Parkway would cost been completed. an estimated $100 million to $150 million. ".This isn't a Buffalo issue," Ffiggins said. Funding for it could come from a. number "This is an issue that transcends geographic )f sources, including the local share of fed- borders and boundaries." 000% IL m A vm" T' 40� w 6M H UUu n E `w T r Buffalo can benefit from a form-based zoning code By Chuck Banas What is a form -based code? Our disintegrating urban centers and the congested, fragmented, unsatisfying suburban sprawl of today are not merely result of the free market, nor of senseless greed. They are thoroughly planned to be as they are: the direct result of zoning and ordinances administered by municipal planning departments. Central to the national Smart Growth movement is the realization that existing laws, particularly ordinances and zoning codes, make good planning and development effectively illegal, even if inadvertently so. The resulting need for a better system has produced a relatively new class of code: the form -based code (FBC). Form -based codes have proven far more effective in shaping a high quality built environment because they focus on the appearance of buildings and the streetscape (the physical form), as opposed to conventional zoning, which focuses on land use, density, and arbitrary formulae. Also, form -based codes are written using intuitive graphics and pictures, so they are much easier to understand and simpler to administer. ,•- 1. Prescriptive, not restrictive. A conventional zoning code is restrictive, specifying what cannot be done. A form -based code is prescriptive, stating what you want, rather than what you don't want. As a result, FBCs can achieve a more predictable physical result. 2. Simple, clear, and intuitive. Average citizens, politicians, and other non - planning professionals find FBCs easier to use and more effective than conventional zoning documents because they are more concise and organized for visual access and readability. FBCs use graphics and photos to explain zoning requirements, instead of arbitrary formulae and lengthy, repetitive text and jargon. As a result, these codes make it easier for community stakeholders to achieve consensus. 3. Eliminates red tape. Adoption of a form - based code involves streamlining and simplifying the development approval process, making it easier for developers to get projects under construction. 4. Attracts investment. Intuitive and easily understandable, an FBC attracts investment by creating a streamlined development process with predictable outcomes. FBCs are helping to spur investment in cities like Milwaukee (WI), Montgomery (AL), and Rochester (NY). These cities are using form - based codes to rebuild downtowns, restore vibrant neighborhoods, and foster a greater sense of place. 5. The community's best qualities are legalized. Under the existing conventional code, many of Buffalo's best -loved neighborhoods are rendered illegal in some way. FBCs work well in established communities because they effectively define and codify a neighborhood's existing "DNA," helping to preserve unique neighborhood character and charm. Vernacular building types can be easily replicated, promoting infill that is compatible with surrounding structures 6. The community's vision is legalized. Like many communities, the City of Buffalo engages in extensive planning and visioning. Yet, despite the time, effort, and expense, plans almost always sit on the shelf, collecting dust. This is because a plan has no legal enforceability. After all, the instrument that shapes development is the zoning code, and conventional zoning often contravenes good planning principles. Unlike conventional codes, FBCs encode into law the type of development the community actually wants. This enables the vision to become reality. Contira: ea' on reverse "The Comprehensive Plan also needs a revised zoning ordinance to give it full effect... as such, it can provide the measure of predictability and certainty that Loth investors and citizens require. "Without a companion zoning ordinance the Comprehensive Plan will lack the enforceability that will make it credible and achievable." City of Buffalo Comprehensive Plan, p.58 ► Cont:inued from front 7. Eliminates protest. Because they are based on the community's vision, and allow citizens to clearly see what will happen 9. Stimulates independent development by multiple developers. Because FBCs can regulate development at the scale of an individual building or lot, this eliminates the need for large land assemblies d th e , eF k where, FBCs have much --P =, (itIeS 11P� e "tf3 move to a do I expensive megaprojects more public buy -in. nevif systea n, They s houN that are frequently This leads to a higher k)ok at the Street they proposed for such comfort level about development, and fewer Rk n the public spaces parcels. These projects public protests. th ey ike and then writ usually fail because of the massive risk taken on khe r lei to' f et f`Plore of by only one or a few 8. Better than design z;��l1 t the, developers, combined guidelines. While design guidelines do have some ''-v at they rJc3tWt_ with the unpredictability limited effectiveness, i inherent in a community they have proven flo ' sF,-'t do g�l'1" lt. �E�ltkt Bpi Nay that has no clear vision and has development difficult to apply pP Y consistently, offer too � Use ��i�t.� � a:��*t��i� a consensus. much room for l,in y hope for t t r�rjt „ subjective interpretation, Peter Katz 10. Prevents brain drain. People are a city's key and are hard to enforce. Author, Consultant, & Developer resource —and people are FBCs require less mobile. In today's discretionary review, fewer variances, and knowledge economy, Buffalo must not merely foster a less politicized planning process— seek to stem the population loss, but to attract delivering huge savings in time and money and retain the most talented and enterprising and reducing the risk of legal challenges. peopl —th so- called "creative class." A form- based code will revive Buffalo's long- dormant tradition of good urban design by promoting the development of vibrant neighborhoods, allowing the city and region to compete with other metro areas. For the first time in decades, planners, developers, and citizens will be given the right tools to create places that people want to be, and a city in which people want to live. 7 H E N E W M I L L E N N I U M G R O U P G 0, M T A C T IIy9I= .'SRM Chuck Banas P.O. Box 512 Buffalo, New York 14201 www.nmgonfine.org info @nmgonline.org R U R A L I I I I I I I f I I 1 1 I i I l I I I 1 1 1 1 T R A N 5 E O T 1 1 I I I I I I I I I 1 1 1 1 1 I I I I I i I U R B A N RURAL XNES URBAN20NES MICHAEL 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 December 18, 2006 TO: Gerald Chwalinski City Clerk FROM: Michael P. Kearns South District Councilman CHAIRMAN CLAIMS WATERFRONT DEVELOPMENT COMMITTEES CIVIL SERVICE EDUCATION FINANCE LEGISLATIVE ASSISTANTS JOY M. PENDERS MARTI MURPHY RE: Erie Canal Harbor Development Corporation Please file the attached Eric Canal Harbor Development Corporation Press Release dated 12/18/06 - "Erie Canal Harbor Development Corporation unveils updated plans for Inner Harbor." Please refer to the Waterfront Development Committee. Thank you. R E F E R RZ F D, 1`0 Tq 1 4 , E S PD E C I A �t � C 0 $ �il M1 RR T E E O N VVAIFEE R F R 0 NIT D E V EL 0 F fe , E N T "Tor the People' i Erie Canal Harbor Development Corporation Dec. 18, 2006 Contact: Chuck Rosenow, 716 - 856 -8123 x246 ECHDC unveils updated plans for Inner Harbor Benderson Development designated to develop 500, 000 sq. ft. of mixed- use space for Canal Side development at Inner Harbor The Erie Canal Harbor Development Corp. (ECHDC) today unveiled updated plans for 500,000 sq. ft. of new mixed -use development for downtown Buffalo's Inner Harbor district. The ECHDC briefed elected officials and community leaders and the media in a year -end update. Known as Canal Side, the nine -block development district will be anchored by a major retail development in either a renovated Memorial Auditorium or on the five -acre site of the And if it's determined demolition of the pre -World War II structure is most appropriate. In addition, the plan calls for a wide variety of mixed -use development including a museum and marketplace district and visitors center. ECHDC Chairman Anthony Gioia said negotiations with Bass Pro are continuing and that final resolution of the discussions is expected shortly. Gioia said the ECHDC is hopeful of making a deal with Bass Pro but said Canal Side will be developed regardless. "I want to emphasize in the strongest possible terms that the development of Canal Side is not dependent on whether or not Bass Pro decides to accept the deal we are offering," he said. This project started two years ago as a single - element plan—Bass Pro in the Aud. It has now evolved into a much larger and broader development that will go forward regardless as to who is the anchor tenant for the Aud site. We hope it's Bass Pro but if not, we have plenty of other candidates and we have the plans and resources to attract them." -more- 2 -2 -2 In coordination with Buffalo Mayor Brown, Benderson Development has been designated the lead developer of Canal Side which, in addition to the 200,000 -sq. ft. Memorial Auditorium retail development, will feature 300,000 sq. ft of mixed -use space including stores, museums, restaurants, hotels, office and residential and new parking facilities on the Webster Block, Donovan Block and along Main, Perry and Scott streets. The recently revised site plan has been developed by the architectural firm, Ehrenkrantz Eckstut & Kuhn, which prepared the highly admired Battery Park City Master Plan in Lower Manhattan as well as numerous other waterfronts around the United States. "What started as a one- dimensional project has evolved into a visionary and far - reaching development plan that will finally allow for Buffalo's waterfront to reach its potential," said Gioia. "This kind of thinking and planning is why Gov. Pataki created the ECHDC and why this project will be the one that gets done." According to Gioia, work on the project has been conducted at a steady pace since the ECHDC was created by Gov. Pataki in September of 2005. The organization has worked with the City of Buffalo to create an urban plan to leverage the original Bass Pro project and develop a vision for a new waterfront retail district. Gioia said if all goes according to plan, Bass Pro or one or more other retailers could open stores in the spring of 2009. This schedule reflects six to eight months of state - mandated environmental reviews, six to nine months for asbestos removal and mold remediation and/or demolition and 12 to 15 months for construction. Negotiations with Bass Pro are continuing and the ECHDC is hopeful a deal could be reached in the near future, said Gioia. "We're at a point where Bass Pro is comfortable with our vision for the inner harbor district and now it's a matter of working out the numbers and seeing if we can make a deal," Gioia said. "When the idea was originally announced in 2004, there was nothing to the plan other than a Bass Pro store in the Aud and frankly, we were all very uncomfortable that we did not have a vision and development plan for the entire Lower Main Street area." Developing a new master plan for the Lower Main Street district has been the ECHDC's primary focus since its inception, Gioia said. "We gathered input from Bass Pro, the City of Buffalo and developers such as Benderson and looked at previous planning efforts and used all of this information to create a vision and plan for the Inner Harbor." -more- 3 -3 -3 ECHDC will be responsible for public improvements to the Canal Side development, including the return of vehicular traffic to Main Street, relocating the Metro Rail station further down Main, creating a small harbor at the foot of Main Street. As originally disclosed, ECHDC will coordinate the construction with the City of a 1,000 -car parking structure and directly build with federal transportation funds, an Erie Canal Museum located at the Commercial Slip. ECHDC has tentative plans to meet in January at which time it will vote to approve a series of steps to advance the project including an Environmental Impact Statement for the entire Inner Harbor plan; bid documents for the remediation of the Aud; environmental clearance by the Federal Transportation Administration of the museum and public buildings designs; more detailed design of public buildings and improvements in the Inner Harbor area by EEK and visitor - experience consultants; and continued asbestos - engineering work on the Donovan Building. Gioia pointed out that the ECHDC has been in existence 15 months and was formed to take charge of waterfront development. Rather than focusing just on the Bass Pro project, Gioia said ECHDC stepped back and considered the bigger picture which was the comprehensive development of the Inner Harbor. "It became quickly apparent that this project had to be bigger in scope than just a single store," he said. "We determined through many conversations that this project should be something much bigger and it's taken us all of a year to advance to this stage of the development. It will have been worth the wait when we are done." -30- MICHAEL. P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851.5169 0 FAX: (716) 851 -4294 E -mail: mkearns@city- buffalo.eom December 18, 2006 TO: Gerald Chwalinski City Clerk FROM: Michael P. Kearns South District Councilman CHAIRMAN CLAIMS WATERFRONT DEVELOPMENT COMMITTEES CIVIL SERVICE EDUCATION FINANCE LEGISLATIVE ASSISTANTS JOY M. PENDERS MARTI MURPHY RE: News Article "Buffalo Demands Changes in Greenway" Please file the attached Buffalo News Article on Buffalo Demands Changes in Greenway dated 12/16/2006. Please refer to the Waterfront Development Committee. Thank you. REFERRED To THE SPECIAL COMMITTEE 6 "'For the People' GO T F ALO Saturday, Decernber 16, 2006 Partly cloudy City doesn't support panel's draft plan =Adve l By MARK PRI S ER c B: News Staff Reporter C _l_ ck 1211512006 The City of Buffalo will not support a draft plan for a revitalized waterfront along the Niagara River from Buffalo to Youngstown unless it is changed to the Brown administration's satisfaction. Timothy E. Wanamaker, executive director of the Office of Strategic Planning, said the city has three main concerns about the Niagara River Greenway draft plan and a number of technical objections. The biggest, Wanamaker said, is ensuring that the Greenway Commission's reach does not extend to approving or disapproving projects or allocating funds. That authority, he said, rests with a standing committee consisting of Buffalo, Erie County, the Olmsted Parks Conservancy and the New York Power Authority. I Wanamaker also said ethical guidelines that avoid conflicts of interest for Greenway Commission members must be inserted prior to a vote by the city. And the process for consultation with the commission needs to be made clearer, he said. "As it stands right now, we would not approve [the plan]," Wanamaker said. • Pre • Rya Niagara River Greenway Commission member Paul A. Dyster said he is confident that • Key Buffalo's concerns can be met, noting that the commission does not have the authority to tell • Bufi standing committees what to do. • Rec • Oliv " I don't see any substantive disagreement between the commission and the City of Buffalo • Mac on any of the items that are contained in the memorandum," Dyster said. " I think all of the • Tral issues can be adequately addressed." • Fed • Filir Wanamaker first stated the city's position at the end of a public hearing in Buffalo on • Ora Wednesday, when he was the 29th of 30 speakers. Larry Beahan, forestry chairman of the • Ricl Niagara group of the Sierra Club, said he was shocked by the city's position. Nearly all of the . The other speakers voiced support for the draft plan. "That was a punch in the gut. The greenway , Vail concept is lost if we can't get the City of Buffalo to go along with it," Beahan said. (Th( http: / /www.buffalonews.com /editorial /20061215/1027718.asp 12/16/2006 more weather >> luffalo News - Buffalo demands changes in Greenway Page 2 of 2 j3 The city appears far less intractable than the Niagara Power Coalition - a group of seven Niagara County interests consisting of four municipalities and three school districts - which has said that it would not support the draft plan unless wholesale changes are made. The draft plan - 27 months in the making - must get unanimous approval of Erie and Niagara municipalities before it goes to the state parks commissioner by March 21. Through a licensing resettlement with the Power Authority, $9 million is to be divided up on an annual basis for greenway improvements. The Niagara Power Coalition and state parks would get $3 million and Buffalo and Erie County $2 million and $1 million, respectively, for ecological projects. Wanamaker said that while Erie and Niagara counties are far apart on the issue of greenway boundaries, he is hopeful that differences can be resolved in the remaining three months. "I'm always confident that calmer minds will sit down and come up with a plan that makes sense to us all," Wanamaker said. "There's a lot of dialogue that still has to occur to ... get us there." e -mail: msommer @buffnews.com T _ .............................._............ - ............. ........................... Advertisement blocked by Barracuda firewall : Click here for details. FAQ I Help ( Site Map I Privacy Policy I Buffalo News Services I Subscribe to the News Copyright 1999 - 2006 - The Buffalo News http : / /www.buffalonews.com /editorial /20061215/1027718.asp 12/16/2006 DEC may modify or revoke a Certificate of Completion if, for example, the applicant does not comply with the terms of its agreement with DEC, or if the applicant commits fraud regarding its application or its certification that it has met cleanup levels. How Did The Contamination Get On The Site? In 1900, the Buffalo Union Steel Corporation purchased the land and developed a pig iron manufacturing area and railroad yard. The Hanna Furnace Company (later Hanna Furnace Corporation) acquired the property from Buffalo Union Steel in 1915. Hanna Furnace ceased all operations in 1982. Jordan Foster Scrap Corporation purchased the property in 1983. They removed most of the facility and the railroad. In 1986, Jordan Foster Scrap filed for bankruptcy. In 1998, the City of Buffalo acquired title to the property due to nonpayment of taxes. For future development considerations, they divided the property into four parcels: • Parcel 1 — the former railroad yard, about 43 acres in size. • Parcel 2 — the manufacturing area, about 29 acres in size. • Parcel 3 — a 200 feet wide strip around the canal, about 22 acres in size. • Parcel 4 — a 19 acre area where manufacturing wastes were disposed. The Cobey LLC project involves about 12 acres of parcels 1 and 2. The City of Buffalo and Erie County received funding from the State's 1996 Clean Water /Clean Air Bond Act to address the environmental issues at Parcel 3. An investigation of parcel 4 was completed in 2006 and remedial alternatives are currently being evaluated. The City of Buffalo conducted more extensive tests of Parcels 1 and 2 between 1999 and 2001. The tests identified various semi - volatile organic compounds, metals (e.g., arsenic, lead, and zinc) and cyanide in the soil. Where Can I View Project Documents? Project reports and a copy of the Certificate of Completion can be reviewed at: Buffalo and Erie County Public Library NYS Department of Environmental Conservation JP Dudley Branch Region 9 Offices 2010 South Park Avenue 270 Michigan Avenue Buffalo, New York 14220 Buffalo, New York 14203 (716) 823 -1854 (716) 851 -7220 See reference desk. Please call for an appointment. Icy Who Do I Call If I Have Questions? Comments and questions are always welcome and should be directed as follows: Project Related Questions Health Related Questions Mr. David Locey Mr. Matthew Forcucci New York State Department of Environmental New York State Department of Health Conservation 584 Delaware Avenue 270 Michigan Avenue Buffalo, NY 14202 Buffalo, NY 14203 (716) 847 -4385 (716) 851 -7220 dplocey��'�w. dec. state.ny.us If you know someone who would like to be added to the project mailing list, have them contact the DEC project manager above. We encourage you to share this fact sheet with neighbors and tenants, and /or post this fact sheet in a prominent area of your building for others to see. For more information about New York's Brownfield Cleanup Program, visit www.dec.state.ny us /websiteidet Site Location Map 01 ZK1 City of Buffa , C ,,, I' ,,,o I Cornell School Thank you for the chance to comment on an increase to the City's living wage Memorandum of Industrial & Merle Showers Anderson g amendment with one change: that the effective date for the 2007 rate adjustment Labor Relations be sixty days after passage of the amendment, to give employers time to prepare WNY Area Labor Lou Jean Fleron To: Common Council Robert Hellwitz From: Sam Magavern, LWC Compliance Coordinator Coalition of Re: e" Resolution #104, "Increase to the Livin g Wage" Black Trade living wage rates from being eroded by inflation, as has happened to the federal William O'Connell Unionists Date: December 19, 2006 Sylvia Thomas Partnership Craig Turner Network of Thank you for the chance to comment on an increase to the City's living wage Religious Communities rate. We urge the Council to adopt our original recommended Ordinance Merle Showers Anderson g amendment with one change: that the effective date for the 2007 rate adjustment James be sixty days after passage of the amendment, to give employers time to prepare WNY Area Labor for implementation. Federation Robert Hellwitz On July 12, 2006 the Living Wage Commission (LWC) made a recommendation that the City adjust its living wage rate for inflation with a cost -of- living adjustment, WNY Welfare or COLA. Most cities with living wage ordinances have COLAs to prevent their g g p Monitoring Task Force living wage rates from being eroded by inflation, as has happened to the federal William O'Connell minimum wage. Comparable cities such as Rochester, Syracuse, and Albany all have automatic COLA provisions (as well as higher living wage rates). Buffalo Niagara Partnership Craig Turner To make the COLA as simple and fair to employers as possible, the LWC recommended that the COLA take place every January 1, based on the inflation Common that had taken place in the year preceding the prior year. Because the rate has Council Joseph Carriero not been adjusted since 2004, the 2007 rate would be adjusted for 2004 and 2005 J J inflation. The rate for 2008 would be adjusted for 2006 inflation. An automatic COLA provision such as this creates the maximum amount of predictability for Office of the Mayor employers and obviates the need for future Ordinance amendments to adjust the Tanya Perrin - rate. Johnson Compliance The question arose whether the Ordinance change would run afoul of the Buffalo Coordinator Fiscal Stability Authority's wage freeze, given the fact that the City is one of the Sam Magavern employers covered by the Ordinance. We believe that the wage freeze does not affect wage increases granted pursuant to an ordinance or ordinance amendment Stephen Halpern because state law limits the wage freeze to increases made "pursuant to collective Sean Ryan bargaining agreements, other analogous contracts or arbitration awards." 10 -D NYS Public Authorities Law Title 2, Section 3858(2)(c). The BFSA's wage freeze power does not extend to wage increases made pursuant to ordinances. To get around this straightforward limitation on its power, the BFSA has come up with a novel legal theory. It argues that the Ordinance amendment would be an "analogous contract." Our response to the BFSA is simple: ordinances and Cornell University ILR 1 937 'Mii ain Street I Suite 1200 j Buffalo. New York 14203 1 7,16-852-4191 Vk ordinance amendments are not contracts. In amending the Ordinance, the City is acting in its regulatory role, setting rules that affect itself and private employers alike. As the U.S. Supreme Court has ruled, a state or local labor standard is something "independent of the collective bargaining process." See Metropolitan Life Insurance Co. v. Massachusetts, 471 U.S. 724 (1985). At the special Legislative Committee session on December 14, assistant Corporation Counsel Peter Savage III floated an additional legal theory: that the Control Board can reach beyond increases granted pursuant to collective bargaining agreements because of its power to "do any and all things necessary or convenient to carry out its purposes and exercise the powers expressly given and granted in this title." 10 -D NYS Public Authorities Law Title 2, Section 3854(13). As we stated in our letter of December 15, however, this "incidental powers" provision cannot be read in such a way that it would "white -out" the express limitations on the BFSA's wage freeze power. An incidental powers provision is not meant to add to an agency's express powers or create conflicts with the language in express powers provisions; it is only meant to create the subsidiary, incidental powers needed to carry out the powers expressly granted. In interpreting control board statutes, the New York Court of Appeals has made it clear that if a power is not expressly granted, it is excluded. The LWC has also pointed out that, even if the wage freeze applied, it would not prevent the City from amending the Ordinance. Rather, it would suspend the effect of the Ordinance on one group of employees — those employed by the City — until the day the wage freeze is lifted. For these reasons, the LWC urges the Council to move as promptly as possible to amend the Living Wage Ordinance with a 2007 rate to take effect 60 days after passage and an automatic COLA provision to take effect on January 1 of all future years. For your convenience, I have attached a revised version of our proposed amendment, our July 12 recommendations, and our December 15 letter responding to the BFSA's opinion. REFERRED TT �� ITT ON L , I A I . of L$Uffayo • Wage C omm i ss i on Coalition of Black Trade Unionists Repeal Buffalo City Code § 96- 19(D)(3) and replace with: Sylvia Thomas Effective sixty days after the passage of this amendment, the living wage rate will Network of be $9.59 per hour with health benefits, and $10.77 per hour without health Religious Communities benefits. Each year, effective January 1, the rate will be increased by an amount Merle Showers James Anderson Jam corres p ondin g increase, any, to the i if in the national Consumer Price Index for all urban consumers (CPI -U) published by the U.S. Department of Labor, for the year WNY Area Labor preceding the prior year. For example, the increase on January 1, 2008 will be Federation based on the annual percent change in the CPI -U for 2006. Robert Hellwitz WNY Welfare Monitoring Task Force William O'Connell Buffalo Niagara Partnership Craig Turner Common Council Joseph Carriero Office of the Mayor Tanya Perrin - Johnson Compliance Coordinator Sam Magavern Counsel Stephen Halpern Sean Ryan Cornell University ILL' 1 237 Pain Sb yet I :quite 1200 ( Buralo New York 14203 j 716 -852 --4191 City of B uffalo a. iving Wage Commission Cornell School December 15, 2006 of Industrial & ranted pursuant to the Living Wage g p g e Ordinance or an Ordinance amendment. g Labor Relations Furthermore, even if the wage freeze did apply, it would not conflict with your Lou Jean Fleron Richard A. Fontana Merle Showers Council Member Coalition of 1414 Cit Hall Black Trade y Unionists Buffalo NY 14202 Sylvia Thomas regarding your proposed amendment to the Living Wage Ordinance, which would In his opinion for the BFSA, however, Mr. Spinelli reaches a remarkable conclusion. He states that your proposed Ordinance amendment "constitutes an analogous contract." The response to Mr. Spinelli's argument is simple: the proposed Ordinance amendment is not a contract of any kind, much less a Re: Living Wage Amendment Network of ranted pursuant to the Living Wage g p g e Ordinance or an Ordinance amendment. g Religious Furthermore, even if the wage freeze did apply, it would not conflict with your Communities Dear Council Member Fontana: Merle Showers until the day the wage freeze is lifted. To add an exception for City employees to James Anderson the Ordinance is unnecessary nd would d bad e to p rivate ry send a mes p I am writing to respond to the December 13 memo from Peter Savage III and to Office of the the legal opinion he attached from the Buffalo Fiscal Stability Authority (BFSA) WNY Area Labor Federation regarding your proposed amendment to the Living Wage Ordinance, which would Robert Hellwitz raise the living wage rate to $9.59 with health benefits and $10.77 without. The Living Wage Commission strongly disagrees with the BFSA's legal opinion and WNY with Mr. Savage's suggestion that the amendment be worded to make an Monitoring Task Authorities Law Title 2, Section 3858(2)(c). The first question, then, is whether a Force exception for City employees. William O'Connell amendment to that Ordinance, would be "pursuant to collective bargaining In his opinion for the BFSA, however, Mr. Spinelli reaches a remarkable conclusion. He states that your proposed Ordinance amendment "constitutes an analogous contract." The response to Mr. Spinelli's argument is simple: the proposed Ordinance amendment is not a contract of any kind, much less a As I have written earlier, the BFSA wage freeze does not affect wage increases Buffalo Niagara Partnership ranted pursuant to the Living Wage g p g e Ordinance or an Ordinance amendment. g Craig Turner Furthermore, even if the wage freeze did apply, it would not conflict with your ordinance amendment; it would merely suspend any increases for City employees Common until the day the wage freeze is lifted. To add an exception for City employees to Council Joseph Carriera the Ordinance is unnecessary nd would d bad e to p rivate ry send a mes p employers and to the public that the City is unwilling to do what it asks others to Office of the do: pay a living wage. Mayor Tanya Perrin- Johnson The legal questions are relatively straightforward. The BFSA Act allows the BFSA to suspend wage increases which take effect "pursuant to collective bargaining Compliance agreements, other analogous contracts or arbitration awards." 10 -D NYS Public Coordinator Authorities Law Title 2, Section 3858(2)(c). The first question, then, is whether a Sam Magavern wage increase that took place pursuant to Buffalo's Living Wage Ordinance, or an amendment to that Ordinance, would be "pursuant to collective bargaining Stephen l Halpern agreements, other analogous contract or arbitration awards." The clear answer is Sean Ryan no: the increase would take place pursuant to the Ordinance, not pursuant to a collective bargaining agreement or analogous contract. In his opinion for the BFSA, however, Mr. Spinelli reaches a remarkable conclusion. He states that your proposed Ordinance amendment "constitutes an analogous contract." The response to Mr. Spinelli's argument is simple: the proposed Ordinance amendment is not a contract of any kind, much less a 4 contract analogous to a collective bargaining agreement. It is an amendment to a regulatory ordinance — a type of minimum wage law — which applies not just to the City but to a variety of private employers. A contract is a bargained -for agreement between two or more parties. The City, of course, makes contracts all the time, including collective bargaining agreements with unions. But the City as a contracting party is very different from the City as a regulator, setting rules that apply to many employers, including itself. I doubt that any city ordinance could be defined as a contract; certainly this ordinance amendment cannot be defined as one. Not surprisingly, Mr. Spinelli does not cite any cases that have held that an ordinance or ordinance amendment such as yours could be considered a contract, much less one "analogous," or similar to, a collective bargaining agreement. Mr. Spinelli states that City employees are subject to "either union contracts, specific written employment agreements or an at -will contractual relationship with their employer." This may be true, but it is irrelevant. Whatever the contractual status of the City's employees, if they get a wage increase pursuant to your Ordinance amendment, it will not be made "pursuant to" their contracts. It will not be something they have bargained for, not something arising out of a collective bargaining process or any other contractual process. Rather, they, like various private employees, will be the beneficiaries of an Ordinance designed to lift workers out of poverty, prevent reliance on welfare, and revitalize neighborhoods (see the Ordinance's legislative determination of intent, Buffalo City Code § 96 -19). If the Legislature had meant to allow the wage freeze to cover all possible wage increases, it would have said so. It would not have bothered specifying "collective bargaining agreements, other analogous contracts or arbitration awards." Mr. Spinelli ignores the word "analogous." "Analogous" means similar. For a contract to be analogous to a collective bargaining agreement, it would need to involve a group of employees making a contract as a group. The most plausible reading of the phrase "analogous contracts" is that the Legislature wanted to prevent a union and the City from making an agreement for a wage increase but naming it something other than a "collective bargaining agreement" — such as a "memorandum of understanding" — and thus evading the wage freeze. At yesterday's special Legislative Committee session, Mr. Savage offered another possible rationale for concluding that the BFSA wage freeze might extend beyond collective bargaining agreements and analogous contracts. He referred to the "incidental powers" provision in the BFSA statute. Section 3854 of the BFSA statute enumerates the general powers of the authority which it holds "in addition to those specifically conferred elsewhere" in the statute. These general powers include the power to sue and be sued, to have a seal, to make bylaws and contracts, to borrow money, procure insurance, and accept gifts. Paragraph 13 of this section gives the BFSA the right "to do any and all things necessary or convenient to carry out its purposes and exercise the powers expressly given and granted in this title." (emphasis added). 2 This phrase is what is sometimes called a grant of "incidental powers." The theory behind such grants is that it is impossible to foresee and list every power that an entity might need in order to fulfill its express purposes. A grant of incidental powers does not expand the reach of the express powers or add new, substantive powers to them. Rather, it helps make those express powers effective. In this case, the incidental powers section does not expand the scope of the wage freeze power to include wage increases coming from outside the collective bargaining process. To read the incidental powers so broadly would make the language of the wage freeze paragraph meaningless. It would effectively "white -out" the phrase "pursuant to collective bargaining agreements, other analogous contracts or interest arbitration awards." It is a cardinal rule of statutory construction to give effect to each provision in a law. The New York Court of Appeals faced nearly the same issue in construing the New York City Control Board statute. Patrolmen's Benevolent Association v. City of New York, 41 N.Y.2d 205 (1976). In that case, the police argued for a wage increase made pursuant to a court judgment, not a collective bargaining agreement. The Court found for the police, and its reasoning is worth quoting at length: The statute ... suspends wage increases "pursuant to collective bargaining agreements or other analogous contracts." In this case, the wage increase did not "take effect" by virtue of a collective bargaining agreement, but rather it took effect as the result of a ... judgment ... Hence, where as here the statute describes the particular situations in which it is to apply, "an irrefutable inference must be drawn that what is omitted ... was intended to be omitted" ... Had the Legislature intended that the wage freeze also apply to situations involving judicially mandated salary increases, they were free ... to draft appropriately worded legislation. Patrolmen's Benevolent Association, 208 -209. The Court's reasoning applies to this case as well. An ordinance amendment, like a judgment, is not a contract. If the Legislature had meant for the BFSA's wage freeze power to extend beyond collective bargaining, they would have drafted the statute appropriately. Nothing could have been simpler than to leave out the phrase "pursuant to collective bargaining agreements, other analogous contracts or interest arbitration awards." The Legislature clearly intended the wage freeze power to apply to a certain subset of wage increases, and not beyond. To apply the wage freeze power beyond the limits set by the Legislature would be illegal. To conclude, it is perfectly legal for the City to amend its Ordinance to change the living wage rate. To interpret your proposed Ordinance as a contract analogous to a collective bargaining agreement is to fly in the face of the plain language of the BFSA statute, the applicable case law, and common sense. Furthermore, even if 3 the wage freeze did apply, it would not create a conflict with the proposed ordinance amendment; it would simply suspend the wage increases for city employees until the day the wage freeze is lifted. Thank you for considering these thoughts. Feel free to call me with any questions. Sincerely, Sam Magavern Compliance Coordinator Cc: Mayor Brown, Common Council, Peter Savage III E City of Buffae,,,w�ission 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 WNY Area Labor benefits, and $10.77 per hour without health benefits. Each year, effective Federation January 1, the rate will be increased by an amount corresponding to the increase, Robed Hel witz if any, in the national Consumer Price Index for all urban consumers (CPI -U) published by the U.S. Department of Labor, for the year preceding the prior year. wNYwelfare Monitoring Task F example, le, the increase on January 1, 2008 will be based on the annual p ercent h y p Force change in the CPI -U for 2006. William O'Connell Buffalo Niagara Partnership Discussion Craig Turner 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, Office of the Cincinnati Dayton, Milwaukee, Durham, San Diego, and many others. 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 Compliance themselves adjusted with the CPI -U). Coordinator gave °,1 As passed in 1999, Buffalo's Ordinance set living wage rates for 2000, 2001, and 2002 and called for an adjustment to the rate at the end of 2002 to "reflect existing Counsel economic conditions." The City did not make the adjustment contemplated by the 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 .T 31, 2003, stating that the "amount of the living wage may be adjusted at that time to reflect existing economic conditions." Ci The living wage rate has not been adjusted since the Ordinance was amended in 2003, and so the 2004 rate has remained in effect for 2005 and 2006. Thus, the wage rate has been eroded by the inflation that took place in 2004 (2.7 %) and 2005 (3.4 %) and continues to take place in 2006. Buffalo's living wage rate is much lower than that of comparable cities such as • Rochester, which has current rates of $9.68 with benefits and $10.81 without benefits and is increased each year with a COLA, • Albany, which enacted a living wage of $10.25 with benefits and $11.91 without benefits effective January 1, 2006, including a yearly COLA, and • Syracuse, which enacted a living wage of $10.08 with benefits and $11.91 without benefits in 2005, including a yearly COLA. Even with the proposed COLA, Buffalo's living wage rate would remain lower than that of Rochester, Albany, or Syracuse. One of the principal reasons for the living wage movement is that the federal minimum wage lacks a COLA and so has been dramatically weakened by inflation over time. Without a COLA, Buffalo's living wage will suffer the same fate and will no longer achieve the goals the City set when passing the Ordinance: keeping working families out of poverty and off public assistance and thus strengthening our neighborhoods, schools, and economy. A COLA tied to the CPI -U is the best way to keep the living wage current because it is automatic, predictable, and tied to the most common measure of inflation used by businesses and individuals. For workers, a COLA means that the living wage will continue to live up to its name and keep them out of poverty. For employers, a COLA provides a predictable mechanism and removes uncertainty about when and how much the City will increase the living wage. Every employer is already used to factoring inflation into its planning, so the burden of a COLA is minimal. In addition, because the proposed COLA lags a year behind the inflation rate, it gives employers a year to adjust and plan based on a known figure, not an estimate. For example, very early in 2007, we will be able to announce the living wage for 2008 based on the 2006 inflation rate. A shorter lag time would be more fair to workers, but the proposed COLA mechanism has the advantage of simplicity: by keeping to a calendar year and providing plenty of lead time, it makes the living wage easier to keep track of, to publicize, and to implement. History of Buffalo's Living Wage Hourly Rates Proposed: January 1, 2007 $9.59 $10.77 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 $1015 As of January 1, 2006 $9.03 $10.15 Proposed: January 1, 2007 $9.59 $10.77 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). Federal Reserve Bank of Minneapolis - Consumer Price Index and Inflation Rates, 1913- 1975 53.8 9.1 1976 56.9 5.8 1977 60.6 6.5 1978 65.2 7.6 1979 72.6 11.3 1980 82.4 13.5 1981 90.9 10.3 1982 96.5 6.2 1983 99.6 3.2 1984 103.9 4.3 1985 107.6 3.6 1986 109.6 1.9 1987 113.6 3.6 1988 118.3 4.1 1989 124.0 4.8 1990 130.7 5.4 1991 136.2 4.2 1992 140.3 3.0 1993 144.5 3.0 1994 148.2 2.6 1995 152.4 2.8 1996 156.9 2.9 1997 160.5 2.3 1998 163.0 1.6 1999 166.6 2.2 2000 172.2 3.4 2001 177.0 2.8 2002 179.9 1.6 2003 184.0 2.3 2004 188.9 2,7 2005 195.3 3.4 2006* 202.5 3.7 Page 3 of 4 *An estimate for 2006 is based on the change in the CPI from fourth quarter 2004 to fourth quarter 2005. ht, p:// niinneapotisfed. org /ResearelVdata /us /ealc /hisi191 lcfim 6127/2006 EMP1 Development CERTIFIED MAIL RETURN RECEIPT REQUESTED December 14, 2006 Charles Michaux III Buffalo City Clerk Buffalo City Hall Room 1308 Buffalo, New York 14202 RE: Open Space Institute Capital Project, Public Hearing Dear Mr. Michaux: I am hereby transmitting, for filing in your office, the General Project Plan of the New York State Urban Development Corporation ( "UDC "), doing business as the Empire State Development Corporation (the "Corporation "), together with the findings required pursuant to Sections 16 -m and 10(g) of the UDC Act, for the Open Space Institute Capital Project. This material is being filed pursuant to Section 16(2) of the UDC Act. A public hearing, also required by the UDC Act, will be held by the Corporation at the Mahoney State Office Building, 65 Court Street, Buffalo, New York 14202 on Wednesday, December 27, 2006 from 10:30 AM to 11:30 AM to consider the General Project Plan. Sincerely, Susan Shaffer Project Manager RECEIVEM AND RLED � Empire State Development Corporation (/ v 633 Third Avenue New York, New York 10017 -8167 Tel 212 803 3100 Empire Opportunity Fund Open Space Institute Capital (U574) November 15, 2006 General Project Plan Grantee: Open Space Institute ( "OSI") Address: 1350 Broadway, Suite 201 New York, NY 10018 -7719 Contact: Joseph Martens Phone: (518) 427 -1564 x22 Fax: (518) 427 -0653 Project Locations: Locations throughout New York State (to be determined) NYS Empire Zone (or equivalent): N/A Economic Impact of Project: ESD Investment: Project Team: Project Completion: Project Description: Current employment level: 20 Expected level of employment on January 1, 2011: 22 Increased Economic Activity: The project will protect open space, farmland and historic sites, which are critical to local, regional and state economies, particularly in tourism and agriculture industries. A grant of up to $25,000,000 to be used for farmland and open space protection, historic preservation, salaries, consultant fees, and operational expenses. Project Management Susan Shaffer Affirmative Action Laverne Poole Environmental Paul Tronolone December 2011 Background The Open Space Institute, a not - for - profit organization founded in 1964 and based in New York, protects scenic, natural and historic landscapes to ensure public enjoyment, conserve habitats and sustain community character. OSI achieves its goals through land acquisition, conservation easements, special loan programs, and creative partnerships. OSI pursues its mission through three principal pursuits. A Land Acquisition Program buys land and easements in New York State, working with state government and local municipalities on appropriate land use policies. Through the Conservation Loan Program, OSI protects landscape by making grants and loans for land purchases, piloting innovative financing a techniques and sharing financing and management practices. The Conservation Institute, a C r Empire Opportunity Fund Open Space Institute Capital (U574) November 15, 2006 research and development center, produces and distributes information that influences landscape conservation, including land acquisition and management of lands that may never be protected through fee or easement purchase. New York's parks, open space and historic sites are important to the economy and quality of life and attract and retain economic investment. Parks and historic sites generate $500 million in sales for local area businesses from out -of -state visitors and another $20 million in tax revenue. In addition, New York is the country's 4`" largest agricultural state, generating $15.5 billion annually, and protection of the land base will help ensure this industry's long- term future. With ESD's $25,000,000 grant, OSI will build on its landscape protection work in the state over the next five years. The Project OSI has protected thousands of acres of New York State farmland, including the 800 -acre "Kinderhook Conservation Corridor" in the Hudson River Valley. ESD funds will build on this pioneering work and other projects throughout New York State, primarily for projects that will not use State Purchase of Development Rights ( "PDR ") funds, including acquisition of farms for resell or lease to farmers and protection of environmentally important farming areas. A portion of ESD funds will be used to provide a buffer between parks and forest preserve and developed areas of the state. By partnering with the New York State Office of Parks, Recreation and Historic Preservation and the New York State Department of Environmental Conservation, OSI will secure critical open space on behalf of the state by working with private landowners that donate or sell conservation easements to OSI. In addition, many OSI projects involve historic preservation, such as revolutionary war sites, Native American sites and historic barns. Some grant funds will be used to further work protecting, managing and interpreting New York's many historic landscapes and structures. A portion of ESD's funds will also be used for operating expenses for consultant fees, surveys, appraisals, and environmental assessments. To assist in setting priorities for project selection, implementation and management, OSI intends to form an advisory committee to assist in the administration of grant funds. The committee will consist of three to five members with knowledge and expertise in open space, farmland and historic preservation projects. OSI will hire a project manager and an additional staff member to support these efforts. Given the extensive negotiations with landowners, OSI foresees committing the grant funds over a three -to- five -year timeframe. 2 Empire Opportunity Fund Open Space Institute Capital (U574) November 15, 2006 Financing Uses Amount Financing Sources Amount Percent Land Acquisition, Farmland $57,500,000 ESD Grant $25,000,000 39% Protection and Historic Preservation Staff Salaries and Fringe 4,410,000 0 S Equity 39,700,000 61% Consultant Fees for Surveys, Appraisals 2,790,000 and Environmental Assessments Total Project Costs $64,700,000 Total Project Financing $64,700,000 100% Financial Terms and Conditions: At the time of disbursement, the Grantee will reimburse ESD for all out -of- pocket expenses incurred in connection with the project. 2. The Grantee will be obligated to advise ESD of a materially adverse change in its financial condition prior to disbursement. Upon receipt of the executed Grant Disbursement Agreement and satisfaction of the conditions set forth in the Agreement, ESD shall disburse to the Grantee $25,000,000. For these funds, Grantee will establish the account at a bank mutually acceptable to ESD and the Grantee. All such monies deposited in the account shall be invested in or collateralized by United States Treasury Securities or other investments authorized by ESD and the Grantee. By December 31 of each year, until ESD funds are expended and total project costs have reached $64,700,000, Grantee will provide to ESD a report of the use of funds for the year, with invoices and proof of payment for all funds spent. Grantee will provide ESD with a Final Report assessing the success of the project. Expenses must be incurred after April 1, 2004, to be considered eligible project costs. 4. ESD may reallocate the project funds to another form of assistance, at an amount no greater than $25,000,000, for this project if ESD determines that the reallocation of the assistance would better serve the needs of the Company and the State of New York. In no event shall the total amount of any assistance to be so reallocated exceed the total amount of assistance approved by the Directors. 3 Empire Opportunity Fund Open Space Institute Capital (U574) November 15, 2006 Environmental Review: ESD (the "Corporation "), pursuant to the State Environmental Quality Review Act ( "SEQRA "), Article 8 of the Environmental Conservation Law, and its implementing regulations (6 NYCRR Part 617), ratifies and makes the following findings based on the Final Generic Environmental Impact Statement ( "FGEIS ") dated June 2002 prepared by the New York State Department of Environmental Conservation and the New York State Office of Parks, Recreation, and Historic Preservation, as co -lead agencies, in connection with the 2002 update of the State Open Space Plan (the "proposed action "), which sets the basis for the administration of the Open Space Institute's Statewide Open Space, Farmland, and Historic Preservation Program. SEQRA requires the adoption of written findings, supported by a statement of relevant facts and conclusions considered, prior to agency decisions on actions that have been the subject of a FEIS. The Findings Statement, attached as Exhibit A, contains the facts and conclusions in the Draft Generic Environmental Impact Statement ( "DGEIS ") and FGEIS relied upon to support the Corporation's decision on the action that is the subject of the requested authorization. The findings that the Corporation hereby ratify and make are that: • The Corporation has given consideration to the DGEIS and FGEIS; • The requirements of the SEQRA process, including the implementing regulations of the New York State Department of Environmental Conservation, have been met; • Consistent with social, economic and other essential considerations from among the reasonable alternatives available, the proposed action is one that avoids or minimizes significant adverse environmental effects to the maximum extent practicable, including the effects disclosed in the relevant environmental impact statement; • Consistent with social, economic and other essential considerations to the maximum extent practicable, any significant adverse environmental effects revealed in the environmental impact statement process as a result of the proposed action will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigative measures which were identified as practicable; and • The proposed action is in compliance with Section 14.09 of the State Historic Preservation Act. Therefore it is recommended that the Corporation ratify and adopt the SEQRA Findings Statement attached as Exhibit A. Affirmative Action: ESD's Non - discrimination and Affirmative Action policy will apply. OSI shall use its best efforts to achieve Minority /Women -owned Business Enterprise participation of not less than 20% of the total dollar value of work performed pursuant to contracts or purchase orders entered into in connection with the consulting services related to project, and to include minorities and women in any job opportunities created by the project. 11 Empire Opportunity Fund Open Space Institute Capital (U574) November 15, 2006 Statutory Basis — Empire Opportunity Fund: Section 10 Land Use Improvement Findings: That the area in which the project is to be located is a substandard or unsanitary area, or is in danger of becoming a substandard or unsanitary area and tends to impair or arrest the sound growth and development of the municipality. Open Space Institute protects thousands of acres of open space, farmland and historic sites. Retaining open land in forests and farms may be the least costly approach to environmental protection. 2. That the project consists of a Man or undertaking for the clearance, replannin reconstruction and rehabilitation of such area and for recreational and other facilities incidental or appurtenant thereto. Open Space Institute protects parks, open space and historic sites that attract and retain economic investment and generate tourism - related revenue and investment. 3. That the clan or undertaking affords maximum opportunity for participation by priv enterprise consistent with the sound needs of the municipality as a whole Open Space Institute protects land that is a critical component of local, regional and state economies, including the agricultural land base, a key New York industry. Private investment opportunities will be undertaken as appropriate. 4. That the nr000sed facilities or aroiect is consistent with any existing local or regi comprehensive plan. Open Space Institute projects typically involve both state and local governments, and, in the case of national historic sites, the federal government. Open Space projects are in alignment with the New York State Open Space Conservation Plan. 5. The requirements of Section 10(g) of the Act are satisfied. No residential relocation is required because there are no families or individuals residing on the sites OSI will purchase. Empire Opportunity Fund Determinations The Project is in compliance with Chapter 84 of the Laws of 2002 and the Corporation's guidelines established thereunder. Individual project funding does not exceed 25 percent of the total of that project's costs, or if project funding does exceed 25 percent of that project's total costs, the Director of the Division of the Budget has authorized the provision of such amount. Attachment Exhibit A — Involved Agency Findings Statement Resolutions EXHIBIT A NEW YORK STATE URBAN DEVELOPMENT CORPORATION d /b /a EMPIRE STATE DEVELOPMENT CORPORATION INVOLVED AGENCY FINDINGS STATEMENT State Environmental Quality Review Act (SEQRA) This Findings Statement has been prepared in accordance with Article 8 of the Environmental Conservation Law, the State Environmental Quality Review Act (SEQRA) and its implementing regulations promulgated at 6 NYCRR Part 617. Co -Lead Agencies: NYS Department of Environmental Conservation (DEC) NYS Office of Parks Recreation and Historic Preservation OPRHP) Applicant: Open Space Institute (OSI) Name of Proposed Action: Open Space Farmland and Historic Preservation Program Conducted in Accordance with 2002 State Open Space Conservation Plan SEORA Classification: Tvae 1 Action Description and Location of Approved Action: The Approved Action involves the expenditure of $25 million from the New York State Urban Development Corporation d/b /a Empire State Development Corporation (ESDC) to the Open Space Institute (OSD to fund its Statewide Open Space, Farmland, and Historic Preservation Program to be undertaken in the advancement of and in accordance with the policies /procedures set forth in the 2002 update of the State Open Space Conservation Plan (the "Plan "). The 2002 Plan jointly prepared by the DEC and OPRHP in consultation with nine regional advisoa committees was submitted to the governor for approval and use by agencies following approval The Plan updates and revises the comprehensive statewide open space conservation plan adopted in 1998 and includes: identification of the types and locations of open space resources, enumeration of various open space conservation methods including voluntM protection programs, planning programs land use regulations as well as the acquisition of land or an easement interest in land, by the State. The Plan describes the selection process for deciding when acquisition may be the appropriate method of open space conservation It also includes a statement of goals and a description of the overall strategies for meeting those hose goals and an explanation of the need for creating partnerships with federal and local governments and non - profit conservation organizations. Policy recommendations are also discussed regarding protection of farmland and working forests; egr enways and trails; tourism; promoting clean water and use of water resources; conserving New York's coastal areas; protecting New York's wetlands; fish; wildlife and plants; protecting heritage areas; cultural and historic resources; environmental justice; open space needs in urban areas; environmental education; stewardship of private and public open space State resources; disposition of State lands; integration of transportation planning, and State eminent domain policy_ The Plan also integrates the recommendations of the Governor's Quality Communities Task Force, which focuses on improving partnerships among the State, local governments, non - profit land conservation organizations and land owners on such matters as open space protection and land use planning, L Introduction This Findings Statement sets forth ESDC's findings with respect to the environmental impacts of the Approved Action based on the Final Generic Environmental Impact Statement ( FGEIS) qpproved by the DEC and the OPRHP as co -lead Agencies, as well as related documents and public comments received during the environmental review process. II. Findings The relevant environmental impacts, facts, and conclusions disclosed in the FGEIS and the rationale for these findings and subsequent agency decisions are set forth below, and include ESDC's review of the Approved Action's purpose and need, the environmental impacts of the Approved Action, the ability of the Approved Action to satisfy the Plan's purpose and need, the environmental impacts of alternatives to the Proposed Action, including the Approved Action, the ability of alternatives to meet the Plan's purpose and need, and the public comments received on the Draft Generic Environmental Impact Statement ( DGEIS). Based on the reasons and conclusions set forth below, ESDC, as an Involved Agency under SEQRA, finds that the Approved Action meets the Plan's purpose and need and satisfies the Plan's goals and objectives. The Approved Action is expected to achieve these goals and objectives while minimizing the potential for adverse environmental impacts. As discussed below, while implementation of the Approved Action would potentially involve some minor adverse impacts the Applicant (OSI) has committed to fully avoid activities under the Approved Action that would potentially result in such impacts or undertake an independent environmental review to assess such activities and to implement a program of measures to mitigate impacts. ESDC has considered the relevant environmental impacts, facts and conclusions disclosed in the Open Space Plan and FGEIS and has weighed and balanced relevant environmental impacts with social economic and other considerations. Based on the foregoing, ESDC certifies that the requirements of 6 NYCRR Part 617 have been met and that, consistent with social, economic and other essential considerations from among the reasonable alternatives available, the Approved Action avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigative measures that were identified as practicable for the Approved Action. ESDC further finds that the Approved Action is in compliance with Section 14.09 of the New York State Historic Preservation Act and is consistent to the maximum extent practicable with the New York State coastal program. III. Description of the Proposed Action The Proposed Action consists of use of $25 million in ESDC funds over three to five years to build on its landscape protection work in New York State as follows: Farmland Protection. OSI has protected thousands of acres of farmland in New York State using a variety of conservation tools. It has negotiated and contributed to numerous transactions involving the State's Farmland Protection Program, acquired farms in fee and resold them to farmers subject to conservation easements and it has bought and leased hundreds of acres to local farmers. Although a portion of the ESDC funds may be used to match State Purchase of Development Rights (PDR) funds, OSI will devote a significant portion of the grant funds for projects where PDR funds are either not available or for projects that might not qualify for State PDR funding, including: • Outright acquisition of farms, which OSI would resell or lease to farmers, subject to a conservation easement; • In geographies, such as the Catskills, where farming is important for maintenance of community character, water quality and flood protection; and • Farm projects that would be lost due to the long lead -time that is involved for State PDR funding. OSI also plans to use the grant funds as an inducement to communities to pass local ordinances that encourage and protect agricultural use. Open Space Protection. In addition to its participation in the State's PDR program, OSI has partnered for years with the OPRHP and the DEC, adding thousands of acres to New York State Parks. OSI brings the added benefit of protecting valuable open space near State land by working with private landowners that donate or sell conservation easements to OSI, which holds, monitors and enforces them. OSI proposes to use a portion of the ESDC grant to protect landscapes in and around State land to provide a buffer between parks and forest preserve and developed areas of the State. Historic Preservation. Many OSI's projects involve historic preservation components. OSI intends to commit a portion of the grant to furthering its work protecting, managing and interpreting New York's many historic landscapes and structures. Advisory Committee. To assist it in setting priorities for project selection, implementation and management, OSI intends to form an advisory committee to assist in the administration of the grant funds. IV. Goals and Objectives of the Proposed Action The proposed OSI Program adopts the goals for conservation of open space and historic resources in New York State as set forth in the Plan as follows: • To protect water quality in New York State including the quality of surface and underground drinking water supplies and the quality of lakes, streams and coastal waters needed to sustain aquatic ecosystems and water based recreation. • To provide high quality outdoor recreation, on both land and water, accessible to New Yorkers regardless of where they live, how much money they have, or their physical abilities. • To protect and enhance those scenic, historic and cultural resources, which are readily identifiable as valued parts of the common heritage of New York's citizens. • To protect habitat for the diversity of plant and animal species to ensure the protection of healthy, viable and sustainable ecosystems, as well as the conservation and preservation of biological diversity within the State. • To protect habitat to sustain the traditional pastimes of hunting, fishing, trapping and viewing fish and wildlife. • To maintain the critical natural resource based industries of farming, wood products, commercial fishing and tourism. • To provide places for education and research on ecological, environmental and appropriate cultural resources to provide a better understanding of the systems from which they derive. • To preserve open space, particularly forest lands, for the protection and enhancement of air quality. The primary strategy in the Plan for achieving these goals is for State government to work cooperatively and in partnership with local governments, the federal government, not - for -profit organizations, the private sector and individual property owners to conserve a cohesive framework of open space around which all New Yorkers can build better, more rewarding lives. V. Environmental Impacts of the Proposed Action The anticipated environmental impacts of, and where significant adverse impacts have been identified, the mitigation measures for the Proposed Action are assessed in detail in Chapter 8 of the Plan and are summarized below. The environmental impacts described below focus on the impacts associated with the implementation of the Plan and includes both general and category specific impacts. While it is the intent, and in fact the stated policy, of the Plan to protect the state's open space resources using multifaceted strategies which emphasize public and private partnerships, it is also recognized that land acquisition is an important tool within that array of protection options. While most of the specific conservation strategies outlined in the Plan recommend use of alternatives to fee acquisition, some resources may require the protection of fee acquisition. Beneficial Impacts Resource Protection The major benefit associated with the implementation of the Plan is the increased opportunity for the permanent protection of natural, scenic, recreational, historic and cultural resources. While these resources have inherent value of their own, they also contribute substantially to the quality of life and the variety of educational opportunities for all New Yorkers. Protection of natural, scenic, cultural and historic resources through a variety of methods will increase the diversity of these resources under the protection of public ownership and thereby contribute to their long term stability. Biological diversity has been shown to be rapidly declining in various parts of the globe and through the State Open Space Conservation Plan, New York will be contributing to reversing that trend. Quality of Life While the emphasis of the Plan, and by extension, OSI's Program is on protection of natural, cultural, scenic, open space and other types of resources of state and regional significance, it is also evident that important benefits will flow to the users of these resources. Appropriate use of resources is a theme that connects all of the recreation subcategories whether it is related to trails, waterways, greenways or parks. By providing access to these resources, there also will be increased opportunity for residents of the State to utilize these resources as well as find rest and relaxation and enjoyment that would otherwise not be available. These opportunities bring with them considerable non - tangible benefits such as increases in an individual's physical and mental well being. There are also the social benefits that accrue to families, friends, and members of various recreation and education interest groups. Intrinsic Value In addition to the direct use benefits (i.e., recreational or commercial use), intrinsic benefits also result from public decisions to protect resources. Intrinsic benefits can be defined in terms of option and existence value. Option value is based on the individual's knowledge that the resource will continue to be available for future use by them and their children. People may benefit from this knowledge even if they are not present users. Existence values are more closely aligned with the feeling of stewardship responsibility and the satisfaction of knowing that others may be able to enjoy a treasured asset. For example, many people would feel a personal loss if Niagara Falls or Letchworth Gorge were to be inundated by massive power projects even if they have no intention or hope of ever visiting these places. Similarly, many people would feel a personal loss if a species such as the Bald Eagle became extirpated, or if the qualities of the Adirondack Park were destroyed. When an investment decision casts uncertainty upon the future availability of an important natural resource, evidence indicates that people are willing to pay to reduce that uncertainty. Thus, there are significant intrinsic as well as use benefits to be gained by the people of the State from steps taken to assure long term protection of these resources (i.e., existence value) and general public access to them (i.e., option value). Economic The economic benefits of land acquisition may include increased value of adjacent lands, increased tourism and the associated increase in trip related expenditures. Nearby property may increase in value, thus increasing other property tax revenues, due to the assurance that the property in public ownership will be preserved. Provisions for public recreational use of the open space resource may be a positive impact on the economy of the area, generating increased sales of food, recreational supplies, and other goods. Increased demand for lodging in the area would increase the total dollar revenue. Adverse Impacts (General) Future Uses Future uses have both short and long term impacts. Possible short-term adverse impacts related to construction of new facilities or significant rehabilitation and /or cleanup projects include temporary erosion, siltation and turbidity problems in streams. These impacts are generally not significant. Mitigation of short term construction impacts would be done through adherence to such guidelines as DEC's Stormwater Management (DEC, 1990) and erosion and sediment controls (DEC, 1991). Up to date biological and cultural resource inventories will also serve to reduce, if not eliminate, adverse environmental impacts. Long term impacts are those resulting from the permanent change in the character of areas protected under the guidelines of this Open Space Conservation Plan. For example, the construction of a parking facility to provide access to a public park could result in a substantial change in the character of the area acquired. Stewardship In order to maintain the quality of the existing natural, cultural and recreational resources being acquired, it is necessary that there be the provision of adequate resources for stewardship. Failure to provide adequate management of public use and infrastructure maintenance could adversely impact the attributes that prompted the development of a protection strategy. The conveyance of private land to public land may also result in an increase in use by the public of these lands. The problems experienced on State lands from public use are generally seasonal, limited in nature and similar to the types of problems reported by other municipal and private landowners. Increased public use may also result in increased traffic, littering and vegetative damage to the public property, as well as similar impacts to adjoining property owners. (DEC, 1988) Infrastructure found on State lands range from low maintenance items such as parking lots to structures such as historic buildings that have specialized one of a kind maintenance needs. Secondary Impacts The protection of a resource to achieve one resource protection goal may adversely impact a second resource. For example, while some species thrive in managed or frequently disturbed forests, others do better in undisturbed areas. Agriculture The intent and policy of this Plan is to protect and encourage the continuation of farm businesses. Thus, where the protection of other open space values for agricultural lands is also a goal, steps will be taken to mitigate impacts. In such cases, the project would be subject to site specific environmental review and as based on current agency policy: 1) any acquisition of actively farmed land will be kept to the minimum amount necessary to ensure accomplishment of the agency's objectives; 2) consideration will be given to purchase of development rights, purchase of easements or other less than fee protection strategies; and 3) any individual acquisition of actively farmed land will include consideration of mitigation measures, including leasing of the land for limited agricultural production where it is appropriate. The "Notice of Intent" requirements under §305(4) of the Agriculture and Markets Law may apply as well. (DEC, 1987) Limited Resources Because of the limited resources within both DEC and OPRHP, it is not possible to address all deserving projects in a timely fashion. Priority setting is necessary in order to protect the most significant resources. The Plan recognizes this and includes an eligibility and evaluation process to guide the selection of open space protection projects. The Plan contains an updated list of priority projects which deserve immediate conservation attention and which will remain the primary focus of State protection efforts. Projects which are not included on the list of Priority Projects will not be the primary focus of conservation efforts by the state agencies. As a result, resources associated with these projects could be lost or diminished without the implementation of appropriate alternative protection strategies. Protection of natural and cultural resources associated with the projects not on the Priority Project list will require greater involvement and participation of local governments, interest groups and the private sector with the state. As required by the 1993 legislation, the plan will continue to be subject to biannual review, at which time the list of Priority Projects can be updated. Cumulative Impacts Because of the generic nature of the Plan and FGEIS, this discussion of cumulative impacts is focused on long term, secondary (i.e., not site specific) effects of Plan implementation. Basically, the issue of cumulative impacts comes down to a question of vision. With the adoption and implementation of a State Open Space Conservation Plan, the State of New York will have the opportunity to address the protection of natural, historic, cultural, and outdoor recreation resources on a comprehensive, coordinated, statewide system basis. At all levels of government (state, regional, and local) the implementation of a plan to protect significant natural, cultural, and outdoor recreation resources in New York State will have cumulative impacts that are of substantial benefit to New Yorkers. The benefits of maintenance of natural diversity are becoming more and more apparent to not only scientists and resource managers, but to the public at large. There is a growing recognition that the well -being of people is intricately and irrefutably intertwined with the natural environment. There is also an increased awareness that the quality of the natural environment is very much dependent on protection of systems and their linkages. One of the major cumulative benefits flowing from the Plan is the opportunity to address conservation of biological diversity in New York State through an approach that is not only comprehensive, but sensitive to the protection of natural resources on a statewide system basis. The benefits accruing to protection of natural systems are both 1) intrinsic (in the sense that such resources have value in and of themselves) and 2) anthropocentric, or having direct uses for people. With respect to the latter, science continues to identify new "uses" for natural diversity in ways that can benefit people and curtail environmental degradation (Wilson 1988). The Plan will not only protect the values that natural diversity bring to the residents of New York, but will also serve as New York State's contribution to protection of biological diversity on a global basis. Likewise, there is considerable value and benefit associated with the protection of significant historic and cultural resources on a statewide basis. The history of our State as viewed through these resources, brings into the lives of all New Yorkers greater appreciation and enrichment. These resources can also be linked to form a statewide system, the protection and maintenance of which will be addressed through the plan implementation. Enhancement and maintenance of a statewide system of historic and cultural resources will also contribute to the appreciation of New York's contributions to the development of the nation. The plan implementation will also address and protect outdoor recreation opportunities on a statewide system basis. The value of outdoor recreation to all Americans has been well documented, as have the threats to the opportunity for such recreation (The President's Commission on Americans Outdoors, 1987). The Plan will provide for greater opportunity to meet the long term demands for outdoor recreation, especially in regard to linear systems such as trailways and greenways. Such recreation requires a systematic approach to management. The Plan's implementation, will over the long term, lead to regional, if not statewide systems of trails, open space and greenways. While these systems will require innovative and cooperative management strategies among local, state and perhaps federal agencies, a significant long term cumulative impact will be to broaden the opportunities for and diversity of outdoor recreation in NYS. There are substantial social and economic benefits that will accrue to the State and localities through the protection of significant natural, cultural and outdoor recreation resources. Over the long term, the plan implementation will assure the continued protection of these benefits through a system approach to the conservation of New York's resources. Unavoidable Adverse Impacts In Forest Preserve areas, some adverse impacts cannot be avoided due to the constitutional prohibition on timber cutting. Certain scenic vistas may disappear and change in wildlife species may occur. In addition, depending on the number of acres, location, proximity and accessibility to other areas, some adverse effects may result from an increase in public use. These effects are considered negligible. (DEC, 1988) Physical alteration of sites for park, trail, greenway and /or waterway access development may cause some temporary erosion, turbidity and sedimentation problems. These problems are generally negligible and short term. Some farmland may be lost or its use restricted through the management of properties for other resource purposes. It should be noted, however, that it is the policy of the Plan to encourage preservation of working farms and that any acquisition which would adversely affect working farmlands would have site specific review. Where the acquisition of land results in an increase in use by the public, there may be impacts such as littering, noise, increased traffic and trespass to adjoining property owners. Unavoidable adverse impacts may occur when the management strategies for different goals are inconsistent. Irreversible and Irretrievable Commitments of Resources Acquisition and subsequent use of land by New York State will result in irreversible and irretrievable commitments of time, funds and energy resources. Implementation of the Plan will result in the commitment of land for public purposes. State acquisition will also lead to a commitment on the part of New York State to the protection, enhancement, interpretation and use of the natural, historic and cultural resources acquired. Growth - Inducing Aspects of the Proposed Action The acquisition of land by DEC or OPRHP for either preservation or recreational development and use purposes results in the withdrawal from private ownership of lands that would otherwise be available at some future time (immediate or long -term) for development. From this perspective, the acquisition does not contribute to or induce growth. The acquisition may, however, induce growth, especially if the land is to be developed for recreational use, such as a boat launch. To the extent that the acquisition provides new or increased recreational opportunity that is utilized by the public, there may be an increase in the number of vendors providing equipment, supplies and services to the public availing themselves of the recreational uses. Examples include retailers of fishing tackle, providers of food and lodging, marina operators and outdoor guides. Also, dedication of an area for open space often creates greater interest in residential development of adjacent lands because of the additional value of being located next to open space. Effects on the Use & Conservation of Energy The State's constitutional requirements that the Forest Preserve be kept forever wild precludes on Preserve lands the harvest of wood for use as fuel and the development of streams or rivers for hydropower. The average acre of forested land in New York State has an estimated growth rate of one cord of wood per year. Acquisition of land in the Forest Preserve would preclude wood from being harvested for use as fuel. In addition to this annual loss of production, is the energy value of the standing timber. The net above - ground biomass of all live trees in the Forest Preserve counties has an average of 81.8 green tons /acre. The energy value loss of converting forest land to Forest Preserve is therefore equivalent to approximately 700 million BTU /acre. (DEC, 1988) Protection of non - Forest Preserve lands as a result of implementation of the Plan either through acquisitions or alternative methods, would not necessarily prohibit hydroelectric generation uses where such may exist, nor firewood cutting. Both activities may be allowed on a site specific basis. The recreation usage of protected lands by both DEC and OPRHP is not expected to increase the consumption of energy. In fact, the increase in the availability of recreational lands in proximity to population concentrations is expected to lead to a net decrease in the consumption of energy since those wishing to avail themselves of recreational opportunities on public lands will not have to travel as far as they would have previously. Coastal Zone Policies The process described in the Plan by which DEC and OPRHP protect land will be consistent with State coastal management policies. For each acquisition, a determination will be made regarding whether the proposed acquisition is in the coastal area. If so, the proposed acquisition must be shown to be consistent with applicable policies set forth in 19NYCRR 600.5, Coastal Policies Implementing Provisions of the Waterfront Revitalization and Coastal Resources Act. Proposed acquisitions in coastal areas which are located within communities having approved local government waterfront revitalization programs must also be consistent to the maximum extent practicable with the policies and purposes of those local programs. Acquisitions will be beneficial to coastal areas. Lands acquired may provide protection for fish and wildlife habitats, protection of watersheds and water supplies, and preservation and enhancement of scenic resources. In addition, acquisitions will provide for public access and recreation in areas best suited for public use. There is not anticipated to be any detrimental effects through implementation in coastal areas. Project Specific Reviews An FGEIS on a statewide, bi- agency plan that is to guide the future land protection programs is necessarily focused on the types of environmental impacts that can reasonably be foreseen in most situations. There are, however, circumstances where a more site - specific environmental review may be warranted for any particular project. Attachment 1 to these findings identifies those circumstances that will require site - specific environmental reviews. Each proposed OSI project will be evaluated to determine whether or not any of these exceptions are present. If they are present the proposed project will be required to undergo a site specific environmental review. If none of the exceptions are present, then the FGEIS has adequately discussed the environmental impacts associated with the proposed project and constitutes compliance with the requirements of SEQRA. Site specific environmental review may lead to a negative declaration, if that review discloses that the proposed project will not result in any significant adverse environmental effects other than those discussed in this FGEIS. If the review discloses significant adverse environmental effects (other than those discussed in this FGEIS), then a supplemental EIS would be prepared. VI. Mitigation General While the emphasis of the Plan is protection of resources either through acquisition or some other approach, there is often a proposed use that may be considered for eventual development. This section identifies the types of mitigation that would be employed to assure that short and long term adverse impacts associated with such development are, if not eliminated, then satisfactorily mitigated. Short term construction impacts associated with OPRHP and DEC projects will be mitigated through adherence to such guidelines as DEC's on stormwater management (DEC, 1990) and erosion and sediment controls (DEC, 1991). Adverse impacts will also be minimized by adherence to DEC's standards for siting, design and specifications for preservation of a rugged wild character resource. The standards used by DEC are found in Policies and Procedures Manuals, the Trail Construction and Maintenance Manual (Appalachian Mountain Club, 1975), Wilderness Management (U.S. Dept. of Agriculture Miscellaneous Publication No. 1365, 1978), and Backcountry Facilities: Design and Maintenance (R. E. Leonard et al., Appalachian Mountain Club, 1980). All properties containing historic and/or cultural resources are subject to the protection provided by the State Historic Preservation Act of 1980. This law requires that all state agencies consider historic resources during project planning. Any work that may affect historic resources will be reviewed by OPRHP's Division of Historic Preservation. OPRHP's approach to management of State Parks and Sites is through a master plan process ( OPRHP, 1997). It also enters into management and operation agreements with localities and not - for -profit groups to manage property acquired under state programs. Both of these processes include environmental impact analysis and opportunity for public participation in planning and environmental reviews. Impacts associated with the development and use of a property following acquisition will also be mitigated through appropriate management. Lands acquired for use as wildlife management areas, fishing/boating access and State lands in general are managed by application of 6NYCRR Parts 51, 59 and 190 respectively pending completion of individual management plans, These regulations address permitted and non - permitted activities on State lands such as fires, boating, camping, fishing, signs, structures, use of firearms, use of vehicles and other activities. For parcels within the Adirondack and Catskill Park appropriate management and development is determined through the preparation of a unit management plan. A unit management plan (UMP) includes proposed management activities and use of State lands, resource inventories, a proposed management strategy and a schedule for implementation - budget to cover a five -year period. The UMP's are prepared by DEC and subject to public review. UMP's are subject to individual SEQRA review; therefore, an environmental impact assessment of proposed activities on State lands is guaranteed through the UMP process. Any necessary site specific regulations are identified through the unit management planning process. For parcels outside of the Adirondack and Catskill Parks appropriate management is determined through a management planning process. The management planning process includes all of the components identified under the UMP process. Impacts associated with development and use of property acquired by OPRHP will be mitigated through appropriate management using various stewardship mechanisms. These include developing and maintaining inventories of significant biological and cultural resources, and site specific review. Potential impacts of new development will be mitigated through proper planning based on the carrying capacity of the environmental resources. Appropriate siting of new facilities will be based on inventory and resource information collected as part of the planning process. Forest Preserve The Forest Preserve is protected by the State Constitution. However, if society's needs become great enough a constitutional amendment could unencumber these lands, and their natural resources could be utilized for raw material. In the meantime, these resources are preserved in their natural state to perpetuate the wilderness ecosystem. There is no mitigation of this identified adverse impact short of a constitutional amendment. Easements and other alternatives to full fee acquisition will be used whenever possible. Use of these methods would allow certain management activities, while still protecting the natural and scenic character of the Parks. Mitigation measures to allow habitat management are not available on Adirondack and Catskill Preserve lands. However, it is only those species that require the periodic disturbance of the forest cover that will be adversely affected. In addition, where an endangered or threatened species is known to exist, the acquisition would be an exception to this generic EIS and a site specific environmental review would be performed (see Section V and Attachment 1). Overuse and other land management problems associated with the administration of Forest Preserve lands are addressed in UMPs being developed for all Forest Preserve lands. In addition, routine patrols are carried out by Forest Rangers and Assistant Forest Rangers to educate the public and enforce the laws and regulations pertaining to the use of the Forest Preserve. This will reduce littering, noise and damage to vegetation which may be associated with an increase in public use. In addition, the DEC can sometimes redirect public use itself by providing information on lesser known and under utilized areas. Non - Forest Preserve Non - Forest Preserve land acquisitions are managed to benefit the natural resource use for which it was acquired. To the extent possible, properties with resources with conflicting management needs, will be managed to minimize the adverse impacts to the secondary resource. Some change in public use patterns may result following public acquisition of land. In some cases, the change in use may have a beneficial impact on sites currently overused. At others, the agency which administers the site will explore whatever measures are appropriate to minimize problems that occur. Impacts from the public use of trails can be mitigated by restricting trail head parking, using water bars (designed to divert water off a trail) and dry tread (rocks placed in wet places on the trail) to provide drainage and limit erosion and restricting the use of motorized vehicles. Acquisition in fee of actively farmed land will include a consideration of such mitigation measures as leasing for agricultural production. Where it is not feasible to assure continued agricultural use of active agricultural land as described in the Exceptions section, the acquisition is not covered by this document. VII. Alternatives Alternatives to the 2002 revision of the Plan included: No Action — at the Plan level, non - revision is not viable because state legislation required revision of the plan. At the implementation level, no Plan would mean there is no statewide plan for the protection of open space, including no purchase of fee or easement interests by DEC or OPRHP. This alternative was not selected because it would result in a fragmented approach to open space protection and impede, if not preclude, protection of resources through a statewide system approach. Modification of Existing Category and Project Selection Systems — The category and project selection systems developed in 1992 were reviewed to determine whether changes were necessary. As a result of this review, minor modifications were made to the category and selection systems, including the addition of biodiversity and flood plain protection as two new categories of acquisition. Overall it was determined that the system continues to provide an understandable implementation process which clearly identifies the most significant resources which need protection. Modification of Priorities — This alternative would modify acquisition priorities by changing the selection criteria so either a certain geographic area or a certain category might receive greater emphasis. This alternative was not selected because it is not equitable. Both agencies are committed to the acquisition of as broad a range of lands, both in terms of categories and geography, as is feasible. The above Findings Statement was approved and adopted by ESDC on December 2006. NEW YORK STATE URBAN DEVELOPMENT CORPORATION d /b /a EMPIRE STATE DEVELOPMENT CORPORATION IC Title: Attachment 1 Exceptions Requiring Project - Specific SEQRA Reviews 1. Projects Involving Forest Preserves a.) Parcels that encompass significant wildlife or fish habitat that would be adversely impacted by Forest Preserve management restrictions. A "significant habitat" is a habitat of special interest or value due to the presence of: endangered, threatened, special concern or rare plant or animal species; unusual concentrations of a variety of wildlife or plants; unusual or unique ecological associations; or a habitat in which relatively intense wildlife or fish values are concentrated in a limited geographic area. Also, its value for wildlife or fish is likely to extend beyond its own borders. Categories of significant habitat types include: • Habitats of unusual, endangered or rare species. • Areas supporting high concentrations of wildlife. • Areas critical or essential to fish, wildlife or plant populations. • Concentrated migration routes. • Areas with unusual vegetation supporting unique wildlife. • Areas of special value for human enjoyment of fish and wildlife. Criteria used in evaluating a significant habitat include the following: • Distance - The further away a habitat's effects are felt, or the further away one would go to find the same species, the more significant a habitat is likely to be. • Dependence - The more essential an area is to providing habitat for many kinds of species, the more significant it is likely to be. • Human Use - The greater the human use associated with an area's wildlife or fish habitat (especially the greater distance from which people are drawn to a given area in order to participate in activities associated with the habitat), the more significant the area is likely to be. • Concentration - Abundance and /or variety of species (especially if it is unusual in the surrounding region) may be an indication of significance. • Irreplaceability - The less replaceable a habitat is (for instance, through migration), the more significant it is likely to be. b.) Parcels that contain significant historical, architectural, archaeological, or cultural property values that would be adversely impacted by Forest Preserve management restrictions. A proposed Forest Preserve acquisition will require a site specific environmental review if it contains any historic or prehistoric site, building or structure listed in or declared eligible for listing in the State and/or the National Register of Historic places or in the statewide inventory of historical and cultural resources or any historic building, structure or site that has been formally proposed by the Committee or Register for consideration by the New York Board of Historic Preservation for a recommendation to the State Historic Officer for nominations for inclusion in said register as indicated in Section 14.07 of the New York State Parks, Recreation and Historic Preservation Law. In addition to a site specific environmental assessment, any such parcel, where appropriate, will be subject to the procedures outlined in Environmental Conservation Law Section 9 -0109 and Section 14.09 of the Parks, Recreation and Historic Preservation Law. 14 c.) Parcels of 500 acres or more: • of which at least 50 percent is rated in the highest forest soil productivity potential class. Forest soil productivity potential classes are defined by the Essex County Soil and Site Productivity Survey, and the rating system will be applied to soil series and associations covering he Adirondack and Catskill Parks (Report of the New York Forest Soils Resources Group to the Greater Adirondack Resource Conservation and Development Council, February 7, 1987, by Philip J. Craul, SUNY College of Environmental Science and Forestry, Syracuse, New York); • of which at least 50 percent is rated in Soil Groups 1 through 7 as identified in the New York State Department of Agriculture and Markets Soil Classification System (1NYCRR 370); and/or • if the acquisition is the purchase of an easement that does not affect the sellers' right to conduct timber harvesting operations, this exception does not apply. d.) Parcels where substantial improvements exist. Substantial improvements are defined as any business such as a ski facility, golf course, drive -in theater, campground, summer camp or tourist attraction which provides recreational or other activities to a substantial number of the public, provided such business has been in operation within three years of the intended date of State acquisition. e.) Parcels that encompass habitats of rare, threatened or endangered plants or rare natural communities that would be adversely impacted by Forest Preserve management restrictions. f.) Parcels where acquisition may adversely impact public motorized access. 2. Non - Forest Preserve Projects Parcels that are rated highly in two or more categories where the individual management strategies would be inconsistent. 3. Forest Preserve and Non - Forest Preserve Projects a.) Any land devoted to the Production of crops, livestock, or livestock products at least two out of the last five years, unless acquisition by DEC does not include purchase of agricultural rights. b.) Any acquisition that will result in the construction of facilities (including parking areas) that will require the physical alteration of more than three (3) acres. c.) Any acquisition for flood control purposes. d.) Any acquisition for hazardous waste remediation purposes. e.) Any acquisition identified as, now or in the past, containing hazardous wastes or substances. f.) The acquisition of a project which contains a structure, facility or condition that is in conflict with applicable state environmental laws, rules or regulations, including but not limited to Articles 24, 25, and 34 of the Environmental Conservation Law. 4. Historic Preservation /Protection Projects a.) A protection project which generates significant public controversy on issues involving the adverse environmental effects of the proposal. 15 b.) Any protection project that includes a proposal for construction of facilities within 12 months. Projects where there is no plan for specific development of facilities for at least 12 months will not require site specific review. However, any significant development proposed in the future will be subject to environmental review. c.) Protection projects which may result in overuse or other significant adverse impacts to natural or cultural resources. d.) Any protection project involving a management agreement between OPRHP and another public or not - for - profit organization. 5. Projects Involving Properties on or Eligible for Inclusion on the State or National Registers of Historic Places a.) Acquisition of property listed or eligible for listing on the State or National Registers of Historic Places, where the acquisition or future development of the property is not designed for the preservation of the property. Notes: I "Crops, livestock and livestock products" shall include but not be limited to the following: ■ Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans. ■ Fruits, including apples, peaches, grapes, cherries and berries. ■ Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions. • Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers. • Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs and furs. "Crops, livestock and livestock products" shall not include land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. "Crops, livestock and livestock products" shall also not include "farm woodland," land used for the production for sale of woodland products, including but not limited to logs, lumber, posts, firewood and maple syrup. Z "Two out of the last five years" shall mean that the land shall have been part of a single operation of not less than ten acres of land that had an average gross sales value of ten thousand dollars or more annually for at least two of the last five years. 16 Demone Smith 370 Wyoming Buffalo, NY 14215 December 12, 2006 Common Council of the City of Buffalo City Hall 65 Niagara St. Buffalo, NY 14202 (Via Hand Delivery & General Mail) Re: Appointment to the Masten District Council Seat Dear Council Members of the City of Buffalo, c_1L' VA oT' V <'L ( -/ Please accept this letter to officially notify and ask for your support for appointment to the Masten District Council Office. Enclosed is a biography and resume that highlights various accomplishments and qualifications that will make an outstanding member of the Common Council of the City of Buffalo and Public Servant. I understand it is a recommendation of the Masten District Democratic Committee Members with approval by the Common Council. I respectfully request to be appointed. I am available for any interviews or conversations as you may feel necessary. Over the last four years I have served as Erie County Legislator of the 7 District. During my tenure as Legislator, I have kept the benefit of the residents of the City of Buffalo my prime directive that has resulted in a number of benefits to the City including the sharing of the Sales Tax. Additionally, as Chair of the Finance and Management and Vice -Chair of the Human Services Committees, I have a very good understanding of County operations that would benefit the City and Council especially on items of collaborative services and legislative initiatives. Thank you f�your consideration and I request your support. If you have any questions, comment5.'or goncerns please do not hesitate to contact me. Cc: Mayor Byron Brown City Clerk Enc. l�T R E EFERRED TOTHE COMMITTE F THE WHOL Demone A. Smith Demone A. Smith is a native of Buffalo, New York. He is a graduate of public school #69 and Burgard High School. Demone was active in student government and activities, a varsity letterman and recipient of numerous awards and accolades. Demone received a Bachelor's degree in Political Science from Wilberforce University, the nation's oldest private African American University. During his tenure at Wilberforce, Demone was active in Student Government & Activities, Alpha Phi Alpha Fraternity, Inc., a tutor as well as recipient of numerous awards and accolades form the University, the Student Body and surrounding community. Demone Smith has been active in the education, civic responsibility and political awareness of his generation, as well as older and younger generations in the City of Buffalo, Erie County and the State of New York. Currently, Demone is the Regional President of the Coalition of Black Elected Democrats (COBED), Board member of the Erie County Community Action Organization, Member of Paramount Lodge #73the Executive Committee of the Boys Scouts and member of the Wyoming Street Block Club and past - Western Vice - President of New York State Young Democrats, Demone began his first elected term as Legislator in January, 2004 and has since established himself as willing to go beyond what is required for success; dedicated to improving the welfare of others and a sincere compassion to the constituents he serves. Via his many past and present affiliations, he has managed to not only incorporate his many talents and creativity into a diverse range of entities — encouraging a more intense level of thought and heightened productivity to those who have had the pleasure of working with him. As Erie County Legislator, Demone has been an advocate of economic, social and environmental justice as well as a fighter for middle class, working poor and impoverished residents. Demon stands for safe - people, neighborhoods and work places, a fair tax system and distribution of resources, coordinated services and the establishment of partnerships to bring about a fair, responsive and responsible Government. Currently Demone is the Chair of the Finance and Management Committee and Vice -Chair of the Human Services Committee. 1 q � 1� Demone A. Smith 370 Wyoming Ave Buffalo, NY 14215 DemoneSmith @hotmail.com SUMMARY OF SKILLS, GOVERNMENT AND LEGISLATIVE EXPERIENCE Management; Governmental, community and organizational financial & budget management, monitoring and composition; Social, legal and academic research; Drafting, composition and implementation of legislation and community initiatives; Community development, regional and strategic planning; Governmental, organizational and community management; Administration of programs and funding; Development & administration of delivery systems; Negotiation of contracts and community directives PROFESSIONAL EXPERIENCE LEGISLATOR 1/03 to Present Erie County, 7` Appointed to the Erie county Legislator January of 2003, Elected for 2004; Chair of the Finance and Management Committee 2005, Chair of Human Service Committee 2004. Make appropriations, levy taxes and indebtedness, Drafting approval and amending and rescinding local laws and resolutions; Community advocacy, problem solving and strategic planning. Chief of Staff, Senior Legislative Assistant, Legislative Aid, Intern, 1/99 to 1/03 Masten District Council Office, Buffalo, NY Office management,. supervision and coordination of employees, Interns and summer workers. Representation of Council member at various community, legislative and business meetings; Drafting of legislation, proclamation and resolutions; research, correspondence and press releases; Public relations, office reception and constituent response; event planning, preparation of joumal and committee folders, data management, maintenance of office supplies and filing. Education Coordinator, 9198 to 5/99 Olmsted Parks conservancy, Buffalo NY Development and implementation of an education Department and in- school program for fourth and fifth graders. Organized citywide tree planting event in which over 550 trees were planted in Martin Luther King, Jr. Park. Increased increase volunteers and development of docent training program. Supervised troubled adolescent by channeling energies into various planting and "green activities. Martin Luther King Jr. Park Liaison Augmented presence of Olmsted Parks Conservancy in Martin Luther King, Jr. Park and East side Neighborhoods EDUCATION BA Political Science, Wilberforce University, Wilberforce, OH, and GPA: 3.2 / 4.0 Graduate Work, Administration, Canisius College j r i t ) Summary of Parking Needs Assessment By Paul W. Wolf, Esq. Chief of Staff Buffalo Common Council Desman Associates was asked by the City of Buffalo and the Buffalo Civic Auto Ramps (BCAR) to update an earlier parking supply and demand study completed in 2000. Study Purpose The Desman study presents the current parking inventory, its utilization during a peak weekday period and an analysis of future parking demand based on proposed building developments. In summary, Desman states the study identifies where people park, where people would prefer to park and the public parking system's need for additional facilities as additional development occurs. Study Area Goodell Street to the north, Michigan Street to the east, 1 -190 and the Inner Harbor to the south and Elmwood Ave. to the west. The study area is comprised of 9 districts: • Main - Tupper • Theatre • Main - Genesee • Government Office • Retail Core • Office • Elm -Oak • HSBC Arena • Elmwood Terrace Parking Supply Downtown Buffalo includes 26,486 off - street parking spaces (surface lots & ramps), of which 18,745 (71 %) is available to the general public. The study area has 2,579 on- street curbside spaces. Systemwide, there are 29,065 parking spaces, of these 9% are curbside, 64% are located in public off - street facilities and the remaining 27% are located in private off - street parking facilities. Peak Parkina Utilization The peak parking period is 10am to 2pm on a weekday. The study indicates that the effective and efficient utilization and turnover of spaces is achieved when a system has a 10% operational surplus of spaces. During the peak period studied systemwide, 79% of off - street facilities were occupied, with 20,861 of the available 26,486 spaces occupied. The most utilized districts were the Office district at 94 %, Retail Core at 91 % and the Government Office district at 90% occupancy. During the peak period 54% of on- street spaces were occupied. Each district experienced very different use patterns. The HSBC Arena district was only 22% occupied, while the Government Office district was 69% occupied. Overall 938 surplus parking spaces were available. Overall, the study area is 77% utilized during its peak period and according to the study seems to have an adequate supply of parking to meet current demand. Downtown Buffalo, as a system has a parking surplus of 3,913 spaces, with only the Office district experiencing a deficit of 64 spaces. The study does suggest that there is some stress on public off - street parking facilities in the Main - Genesee, Office, Retail Core and Government - Office Districts, as their combined peak utilization averages 92% and results in a parking deficit of 70 spaces. Even with these shortfalls, according to the study downtown Buffalo does not have a deficit of parking spaces. Where deficits in specific areas and within specific facilities exist, there is sufficient capacity in adjacent blocks or districts. Whether parkers find parking convenient when it is located two or three blocks away is another question for another study. Future Parking Supply Conditions The study identified 30 developments anticipated to occur and looked at their parking impact. The combined impact from the 30 developments will result in a parking deficit of 912 spaces. System -wide, there will be a surplus of 1,821 spaces, but three of the nine districts are expected to have a parking deficit. The largest impact will be felt in the core districts, namely Government - Office, Retail and Office, as they will experience a shortage of 844, 674, and 76 spaces, respectively. Certain blocks are expected to be particularly problematic: • The corridor along Elmwood bound by Huron & Church • The corridor along Pearl also bound by Huron & Church The Pearl Street corridor is anticipated to have a deficit of 839 spaces. o q Conclusion The surveys of peak weekday occupancy found public parking surpluses in most study area districts. Specific blocks and districts have public parking that might not be so convenient. There is little evidence to suggest that additional structured public parking is needed to meet current demand. However if more development occurs as envisioned, there will be a need for several parking structures to meet future demand. Future development will require more parking in the Main - Genesee, Government Office, Retail Core and Office Districts. These districts are expected to reach a parking deficit of between 1,600 spaces and 2,246 spaces depending on the growth trend and future development scenario. The Pearl Street corridor between Huron & Church is of concern under even the most conservative of future development scenarios, as there is insufficient surplus capacity in or adjacent to this area. Considering that this corridor is in the heart of the central business district, the acquisition of sufficient land for development of another parking structure may be problematic. Furthermore, the street network may be insufficient to process the traffic that would be generated by a 900 to 1,350 parking ramp. COMMITTEE REFERRED TO THE FINANCE. ON ♦ II I, i 1 s. f- www.desman.com sr n �ws www.desman.com DESMAN Table of Contents 1.0 INTRODUCTION ................................ ............................... 1 2.0 STUDY AREA ..................................... ............................... 2 3.0 PARKING SUPPLY ............................. ............................... 4 3.1 Off - Street Parking Supply ............... ............................... 4 3.2 On- Street Parking Supply ............... ............................... 8 4.0 EXISTING PEAK PERIOD PARKING UTILIZATION ............... 11 4.1 Off - Street Parking Utilization ........... ............................... 11 4.2 On- Street Parking Utilization ........... ............................... 13 4.3 System -wide Parking Utilization ....... ............................... 13 5.0 EXISTING LAND USE -BASED PARKING DEMAND ................ 15 6.0 FUTURE PARKING SUPPLY/DEFICIT CONDITIONS .............. 21 7.0 OFFICE ABSORPTION TRENDS ........... ............................... 28 8.0 CONCLUSION .................................... ............................... 34 APPENDIX City of Buffalo Parking Needs Assessment D , ESMA List of Tables Table I a: Off - Street Public and Private Supply ........ ............................... 5 Table lb: On- Street Parking Supply ..................... ............................... 8 Table lc: On and Off - Street (Public and Private) Parking Supply ...................... 10 Table 2a: Public Off - Street Parking Utilization and Surplus /Deficit Conditions... 12 Table 2b: Private Off - Street Parking Utilization and Surplus /Deficit Conditions... 12 Table 2c: Total Off - Street Parking Utilization and Surplus/Deficit Conditions..... 12 Table 2d: On- Street Parking Utilization and Surplus /Deficit Conditions .......... 13 Table 2e: On and Off - Street Parking Utilization with Surplus /Deficit Conditions 14 Table 3: Current Land Use Inventory by Type and Sector ........................... 16 Table 4: Parking Demand to Land Use Factors ........ ............................... 17 Table 5: Comparison of Demand Estimates to Actual Peak Occupancy ........... 18 Table 6: Land Use -Based Surplus /Deficit Conditions . ............................... 18 Table 7: Future Development, Peak Hour Demand, and Surplus /Deficit .......... 23 Table 8: Future Surplus /Deficit Conditions ............. ............................... 25 Table 9: Assumptions for Office Space Absorption (2005 -2010) .................. 29 Table 10a: Future Surplus /Deficit Conditions under Conservative Office Absorption 30 Table 10b: Future Surplus /Deficit Conditions under Moderate Office Absorption 30 Table IOc: Future Surplus /Deficit Conditions under Aggressive Office Absorption 30 City of Buffalo Parking Needs Assessment DESMAN List of Exhibits Exhibit A: Study Area Districts with Block Numbers .. ............................... 3 Exhibit B: Surface and Structured (Ramp) Parking ...... ............................... 6 Exhibit C: Public and Private Off - Street Facilities ....... ............................... 7 Exhibit D: On- Street Parking Inventory .................... ............................... 9 Exhibit E: Land Use -Based Supply and Demand Analysis ............................. 20 Exhibit F: Location of Programmed and Proposed New Development ................ 22 Exhibit G: Future Parking Surplus /Deficit Conditions ..... ............................... 27 Exhibit H: Future Parking Surplus /Deficit Conditions under Conservative Growth . 31 Exhibit 1: Future Parking Surplus /Deficit Conditions under Moderate Growth ...... 32 Exhibit J: Future Parking Surplus/Deficit Conditions under Aggressive Growth .... 33 City of Buffalo Parking Needs Assessment DESMAN ASSOCIATLS 1.0 INTRODUCTION DESMAN Associates has been asked by the City of Buffalo and the Buffalo Civic Auto Ramps (BCAR) to update selected components of an earlier parking supply and demand study, which was completed in 2000 and was entitled "Destination Downtown Buffalo 2000 — A Roadmap for an Accessible Community." Technical assistance in this effort was provided by Buffalo Place Inc. The assessment of parking need is critical as the public parking infrastructure must anticipate changes in parking demand as new development activity materializes or as current commercial vacancies become occupied. Beyond the question of "Is there sufficient parking inventory ?" there is also the question of whether existing facilities are strategically located to meet current and future parking demands. Business and property owners may voice their opinion that there is not adequate parking inventory when in fact a parking surplus may exist just blocks away. This is a problematic issue as it involves several factors to form these opinions. These issues include: • An individual's acceptable walking distance • Their trip purpose • Environmental conditions • Price versus convenience dichotomy in the City of Buffalo • The effective or ineffective marketing of parking In an effort to understand the current relationship between buildings, user groups, and parking satisfaction, this study presents the current parking inventory, its utilization during a peak weekday period and a theoretical modeling of parking demand associated with building activity. In summary, the study will identify where people park, where people would prefer to park and the public parking system's need for additional facilities as development impacts become realized. City of Buffalo I Parking Needs Assessment A S S O C I A T F S DESMAN 2.0 STUDY AREA The overall study area is bounded by Goodell Street to the north, Michigan Street to the east, I -190 and the Inner Harbor to the south and mixed -use properties to the west of Elmwood Avenue. As defined by Buffalo Place, Incorporated, the study area is comprised of 9 districts. These include: • Main - Tupper • Theatre • Main - Genesee • Government Office • Retail Core • Office • Elm -Oak • HSBC Arena • Elmwood Terrace (Elmwood Terrace was not included in the 2000 report). Exhibit A on the following page illustrates district locations and boundary overlays, as well as the block coding system utilized by the City of Buffalo. City of Buffalo 2 Parking Needs Assessment DESMAN ASSOCIATLS DESMAN A S S 0 C 3 A ,C_ F S 3.0 PARKING SUPPLY Although detailed block by block data is included in this report, the primary focus will initially be kept on individual district findings, as they provide more meaningful supply and demand analysis. The distinction between publicly and privately available parking should first be clarified to better understand a downtown's available parking supply and hence the respective peak period surplus or deficit. Publicly available parking is defined as those spaces available to the general public regardless of trip purpose. In contrast, private and /or restricted parking is only available to specific users. Off - street parking includes all public and private surface lots and ramps while on- street parking consists of metered and time restricted, curbside spaces and is available to all parkers, regardless of trip purpose. Downtown Buffalo also implements a restriction on some spaces that are reserved for authorized vehicles such as those belonging to judges and police officers. 3.1 Off - Street Parking Supply Table la presents the parking supply by district for all public and private off - street facilities within the study area. Downtown Buffalo includes 26,486 parking spaces, of which 18,745 (71 %) are available to the general public. For further analysis Exhibit B illustrates the distribution of all surface and structured parking, while Exhibit C identifies all public and private facilities within the study area. It should be noted that all of the parking ramps are publicly available. City of Buffalo 4 Parking Needs Assessment DESMAN A S S O C:' l A' 1 F S Table ]a: Off - street Public and Private Parking Supply Publicly Private/ Total Off-Street District Name Available Restricted Parking Supply Main - Tupper 226 1,222 1,448 Theater District 961 1,590 2,551 Main - Genesee 2,779 399 3,178 Government Office 1,675 415 2,090 Elm -Oak Corridor 1,289 1,485 2,774 Retail Core 4,075 102 4,177 Office District 2,890 50 2,940 HSBC Arena 2,440 2,218 4,658 Elmwood Terrace 2,410 260 2,670 Total 18,745 7,741 26,486 City of Buffalo 5 Parking Needs Assessment S C, C.' 1. A T . A S I'. S Exhibit B; G t _ a Edward St, Tlimt} PI ,:: `� :? — i - Titj3j)ei' t i�tp' i ,.�1 g q 3 q . A- 5 Joluisott 7 �� i g ;r Chippewa SC � ( U - E St & C .. # a (J G Goodell Sty 4S 4 - 3 l h tolrnctk St S� v Jarae Dr, }f$ William St, Court St ? 0� Clinton 4t. /.M ic ,Ce1�=�54't. Perkins lit ,� l MN � t a � a �. �. I a ` o1. Di isiost St. 1 -190, X Swan S't� X ,� Seneca St. g A Dwhange St, Downtown Buffa Pa rking Stud �, , ���� 1. 190 IsL `,.. tuface ancttrttchued (Ramp} Parking Scott St. L Surface Lot ,f Perm St. Parking Ranlp�� s Mock Nu mber Fulton Si, City of Buffalo 6 Parking Needs Assessment DESMAN ASSOCIATES A Exhibit C. a f 7; (Yoodell St. Edwai W r Tiinity PL M Tupper St A; Tracy 0 N kv. 8 John Mk ... .... .... chip[ f M D Hurter st" L. DL1St St C N4ohawk St. LI; wilfiarflst� Jarge Dr� I Chilton St, perkilis J: Dr� Eaaic St, N Divisicia SL cl,,ch �, - � �,�.� �� � .. F� S. Divisic eneca St. AI S X Exchange St. Downtown Buffalo Parking Study 1-190 L Public & Private Off -Street Facilities Scot S Public Facility PeITY, St, Private Facilitv Number 999 Block Fidton St. S. Park A-ve, City of Buffalo 7 Parking Needs Assessment A a 3 O C . I .. A T. E; `i 3.2 On- Street Parking Supply Table lb summarizes the number of curbside on- street parking spaces within each district. Presently, there are 2,579 available on- street spaces within the study area. This inventory includes: • 15- minute and 2 -hour metered spaces • all day metered spaces ($2 and $3 /day) • 1 -hour and 2 -hour non - metered (free) spaces • restricted spaces, typically for "official vehicles only" • free, unrestricted spaces Large concentrations of on- street spaces can be found in the Theatre and Elmwood - Terrace districts as well as the Elm -Oak corridor. Exhibit D on the following page represents the locations and types of on- street parking restrictions in downtown Buffalo. Table 1b: On- Street Parking Supply District Name On- Street Supply Main - Tupper 235 Theater District 388 Main - Genesee 283 Gov't Office 315 Elm -Oak Corridor 401 Retail Core 228 Office District 164 HSBC Arena 162 Elmwood - Terrace 1 403 Total 1 2,579 City of Buffalo 8 Parking Needs Assessment DESMAN ASSOCIATES 3 tt c [1t aI �* ' � �` ' William St- I1 t tt . 1 � _ 14 T �13 C ours st t ,I �,_> - .m Clinto St. 2.25 i ? r 6 Ny . 9 "Iz -. i, , i'cikirls lJa Eagle St i 1 (6 1� '' N, Divisittr# `St. " a' 'hum 3 Chm 32 r e M) S Divisionst� Swan S1. 1 j t a fil 9f �fkijp X112 'rC #leca {st� F UE 5 i 3 1 may �i ' I 206 i�aame fit. V7 05 Downtown Buffalo Parkin Study �� � � � . �� i It3o .-Cott 4t. Can- Street Parking Inventory �l 2 Hr. Meter No Parking All day Meter 1 fir, & 2 Hr. Free v Mj2 Restricted Unrestricted (Free) st, - 201 499 200 City of Buffalo 9 Parking Needs Assessment DESMAN A S S 0 C I A T E S Table 1 c combines the on and off - street as well as the public and private data to present the total parking supply for the entire study area. System -wide, there are 29,065 available spaces. Of these spaces 9% are curbside, 64% are located in public off-street facilities and the remaining 27% are located in private off - street parking facilities. Detailed Tables of on and off - street parking supply by block can be found in the Appendix. Table I c On and Off - Street (Public and Private) Parking Supply District Name On- Street Off - Street Total Supply Main- Tupper 235 1,448 1,683 Theater District 388 2,551 2,939 Main - Genesee 283 3,178 3,461 Government Office 315 2,090 2,405 Elm -Oak Corridor 401 2,774 3,175 Retail Core 228 4,177 4,405 Office District 164 2,940 3,104 HSBC Arena 162 4,658 4,820 Elmwood Terrace 403 2,670 3,073 Total 2,579 26,486 29,065 City of Buffalo 10 Parking Needs Assessment DESMAN ASSOCIATLS 4.0 EXISTING PEAK PERIOD PARKING UTILIZATION For the purposes of this study, information provided by the City of Buffalo Parking Board, Buffalo Civic Auto Ramps, Buffalo Place, Inc. and car counts from a September 2005 aerial photograph of downtown Buffalo have been utilized. Parking occupancy data documents the utilization of available parking and identifies the peak period of parking activity, which is the period when, as a system, it is most difficult to find an available space. Previously conducted surveys by the GBNRTC (Formerly NFTC) have determined this period is from loam to 2pm on a typical weekday. In addition to peak occupancy, an additional measure of the stress on the parking inventory is its "Practical Capacity." Practical capacity relates to the level of service of a parking facility. As the occupancy levels within a garage, lot, or throughout an entire parking system reach a certain level, drivers who are searching for an available space will be required to search longer and farther for an available space. This results in the driver spending more time searching for that elusive last space. This increases the driver's frustration, the potential for vehicle to vehicle or vehicle to pedestrian conflicts and slows the ability for cars to get in and out of the facilities. The effective and efficient utilization and turnover of spaces is achieved when an operational surplus of between 5% and 10% is provided. For the purpose of this study, a practical capacity factor of 10% will be used to analyze parking conditions in downtown Buffalo. 4.1 Off - Street Parking Utilization Tables 2a, 2b, and 2c present the utilization data for public, private and total off - street spaces in each district. System wide, off - street facilities were 79% occupied during the peak period, with 20,861 of the available 26,486 spaces occupied. The most utilized districts were the Office district at 94% occupancy, Retail Core at 91% occupancy and the Government Office district at 90% occupancy. The three tables on the following page also calculate the surplus and deficit in each district by comparing occupancy levels City of Buffalo 11 Parking Needs Assessment A S S O C I I A T L S DESMAN to practical capacity. Downtown Buffalo off - street facilities have a total surplus of 2,976 spaces, with the Office district experiencing a significant parking deficit of 109 spaces. Table 2a: Public Off - Street Parking Utilization and Surplus /Deficit Conditions District Name Publicly Available Parking Supply Practical Capacity (90 %) Peak Occupancy Percent Surplus/ Deficit Main - Tupper 226 203 108 48% 95 Theater District 961 865 615 64% 250 Main - Genesee 2,779 2,501 2,454 88% 47 Government Office 1,675 1,508 1,506 90% 2 Elm -Oak Corridor 1,289 1,160 731 57% 429 Retail Core 4,075 3,668 3,778 93% -111 Office District 2,890 2,601 2,722 94% -121 HSBC Arena 2,440 2,196 1,639 67% 557 Elmwood Terrace 1 2,410 1 2,169 1 1,581 f 66% 588 Total 1 18,745 1 16,871 1 15,134 1 81% 1,737 Table 2b: Private/Restricted Parking Utilization and Surplus/Deficit Conditions District Name Private /Restricted Parking Supply Practical Capacity (90 %) Peak Occupancy Percent Surplus/ Deficit Main - Tupper 1,222 1,100 885 72 0 % 215 Theater District 1,590 1,431 1,211 76% 220 Main - Genesee 399 359 336 84% 23 Government Office 415 374 377 91% -4 Elm -Oak Corridor 1,485 1,337 1,051 71% 286 Retail Core 102 92 10 10% 82 Office District 50 45 33 66% 12 HSBC Arena 2,218 1,996 1,618 73% 378 Elmwood Terrace 1 260 1 234 206 79% 28 Total 1 7,741 1 6,967 5,727 74% 1,240 Table 2c: Total Off - Street Parking Utilization and Surplus/Deficit Conditions District Name Total Off-Street Parking Supply Practical Capacity (90 %) Peak Occupancy Percent Surplus/ Deficit Main - Tupper 1,448 1,303 993 69% 310 Theater District 2,551 2,296 1,826 72% 470 Main - Genesee 3,178 2,860 2,790 88% 70 Government Office 2,090 1,881 1,883 90% -2 Elm -Oak Corridor 2,774 2,497 1,782 64% 715 Retail Core 4,177 3,759 3,788 91% -29 Office District 2,940 2,646 2,755 94% -109 HSBC Arena 4,658 4,192 3,257 70% 935 Elmwood Terrace 1 2,670 1 2,403 1 1,787 1 67% 1 616 Total 1 26,486 1 23,837 1 20,861 1 79% 1 2,976 City of Buffalo 12 Parking Needs Assessment DESMAN 4.2 On- Street Parking Utilization Table 2d summarizes on- street parking utilization and the surplus /deficit conditions for each district. Although system -wide, 54% of available on- street spaces in downtown Buffalo were occupied, each district experienced very different utilization patterns during the peak period. For example, the HSBC Arena district was only 22% occupied while the Government Office district experienced a much higher utilization rate of 69 %. Each district experienced a practical surplus with the overall study area exhibiting a surplus of 938 available parking spaces (see Table 2d). Table 2d. On- Street Parking Utilization and Surplus /Deficit Conditions District Name On- Street Supply Practical Capacity (90 %) Peak Occupancy Percentage Surplus/ Deficit Main - Tupper 235 212 92 39% 120 Theater District 388 349 263 68% 86 Main - Genesee 283 255 168 59% 87 Gov't Office 315 284 218 69% 66 Elm -Oak Corridor 401 361 194 48% 167 Retail Core 228 205 118 52% 87 Office District 164 148 103 63% 45 HSBC Arena 162 146 36 22% 110 Elmwood- Terrace 1 403 1 363 1 193 1 48% 1 170 Total 1 2,579 1 2,323 1 1,385 1 54% 1 938 4.3 . System -wide Parking Utilization Table 2e on the following page combines the on and off - street parking utilization summaries for each district. Overall, the study area is 77% utilized during its peak period and seems to have an adequate supply of parking both on and off - street to meet the current parking demand. Downtown Buffalo, as a system, also has a practical parking surplus of 3,913 spaces, with only the Office district experiencing a deficit of 64 spaces. However, data contained in Tables 2a through 2c does suggest that there is some stress on public off - street parking facilities in the Main- Genesee, Office, Retail Core, and Government -Office districts, as their combined peak utilization averages 92% and results City of Buffalo 13 Parking Needs Assessment A S S O C' 1 A T DESMAN FIS in a parking deficit of 70 spaces. Even with these shortfalls, downtown Buffalo does not presently appear to have a deficit of parking spaces. Where deficits in specitc areas and within specific facilities do exist, there is sufficient capacity in adjacent blocks or districts. However, do parkers destined for these high demand blocks and districts find parking convenient when it is located two or three blocks away? This question relates to a users' satisfaction, which cannot be understood in the context of parking occupancy surveys. Table 2e: On and Off - Street Parking Utilization with Surplus /Deficit Conditions District Name Total Supply Practical Capacity (90 %) Peak Occupancy Percent Surplus/ Deficit Main - Tupper 1,683 1,515 1,085 64% 430 Theater District 2,939 2,645 2,089 71% 556 Main - Genesee 3,461 3,115 2,958 85% 157 Government Office 2,405 2,165 2,101 87% 64 Elm -Oak Corridor 3,175 2,858 1,976 62% 882 Retail Core 4,405 3,965 3,906 89% 59 Office District 3,104 2,794 2,858 92% -64 HSBC Arena 4,820 4,338 3,293 68% 1,045 Elmwood Terrace 3,073 1 2,766 1 1,980 1 64% 786 Total 29,065 1 26,159 1 22,246 1 77% 3,913 City of Buffalo 14 Parking Needs Assessment A S S O C I A T L S DESMAN 5.0 EXISTING LAND USE -BASED PARKING DEMAND As previously noted, surveys of parking occupancy do not reveal parking user groups or whether parkers find their parked locations to their satisfaction. Surveys only record the number of vehicles parked in a specific facility or location during a given period. In an effort to understand levels of parking satisfaction or dissatisfaction, the following analysis attempts to quantify the relationship between land use activity and parking activity. Parking demand, as opposed to peak parking occupancy, relates to a statistical measure of need or desire (i.e. the number of persons who would like to park underneath or next to their office building, retail center, or event destination). Therefore, from a demand, surplus, and deficit perspective, a large office building with no on -site parking would exhibit a high deficit figure (demand but no supply) while a nearby parking deck would exhibit a high surplus figure (supply but no demand). In this way, the study can illustrate where people want to park and where the opportunity to park truly exists. Parking demand can best be evaluated by detailed land use analysis and parking demand factors. Parking demand factors estimate the peak demand for parking based on the type (office, retail, theatre, etc) and density (sq. ft., number of seats, dwelling units, etc) of existing /proposed development. Similar to the Year 2000 study, the general demand ratios provided by the Urban Land Institute have been adjusted to reflect travel and auto use characteristics unique to Buffalo's employees and visitors. Table 3 summarizes the block coding system, district boundaries and detailed land use data provided by Buffalo Place, Inc. This information presents an estimate of currently occupied commercial, residential, industrial, and institutional space within the study area. Excluding commercial and non - commercial parking structures, the total occupied land use density in downtown Buffalo today is 13,529,194 sq. ft. with the majority, 58% or 7,881,461 sq. ft., categorized as office space. It should be noted that complete land use data for the Elmwood - Terrace District was not available for all blocks and as a result supply and demand data for this District may be incomplete. City of Buffalo 15 Parking Needs Assessment Table 3: Current Land Use Inventory by Type and Sector District Name Retail Restaurant Hotel Entertainment Office Residential Industrial/ Manufacturing Wholesale Storage Religious Charitable Educational Total Land Use Main- Tupper 37,567 13,153 23,637 66,466 231,179 212,586 153,948 0 2,949 6,248 16,288 0 764,020 Theater District 105,963 91,077 63,516 266,596 490,126 170,556 23,985 21,041 38,176 126,840 0 14,175 1,412,051 Main- Genesee 66,787 126,839 133,109 216,000 1,121,323 127,484 13,223 0 57,658 0 0 0 1,862,424 Government Office 30,340 54,730 35,666 28,926 1,821,700 7,956 1,060 0 27,262 0 52,074 57,024 2,116,737 Elm -Oak Corridor 59,200 0 0 0 416,593 8,347 13,860 32,638 29,862 0 0 143,142 703,642 Retail Core 141,449 45,796 34,664 4,832 1,279,060 1,183 59,291 0 10,225 6,144 0 289,876 1,872,521 Office District 28,459 35,389 0 383,674 1,649,856 1,897 170,781 0 69,722 61,653 0 204,741 2,606,171 HSBC Area 1,552 3,280 0 757,198 494,007 1,664 270,031 0 0 0 0 0 1,527,731 Elmwood Terrace 1 0 1 0 25,920 1 0 1 377,617 17,280 1 13,866 1 0 0 1 0 1 0 229,213 1 663,895 Land Use Totals 1 471,318 1 370,264 1 316,513 1 1,723,690 1 7,881,461 1 548,953 1 720,045 1 53,679 1 235,854 1 200,885 1 68,362 1 938,170 1 13,529,194 A S S O C I A T I DESMAN S Table 4 presents parking demand to land use factors, which as mentioned earlier are appropriately adjusted for the modeling of existing and future parking conditions in the City of Buffalo. In addition, a comparison to current parking conditions is provided in Table 5 to evaluate the accuracy of the parking ratio. While the occupancy surveys identified 22,246 parked cars during the peak period the parking demand factors estimate that there should be 22,735. This system -wide over estimate of 489 cars could be attributed to the demand for parking within the study area that is satisfied by supply located outside the study area. Nonetheless, the parking demand ratios and peak demand analysis should be deemed valid and sufficiently accurate for purposes of this study given their close correlation to surveyed conditions (1.021 correlation ratio). Therefore, these finding will be used to: 1) Further quantify the current relationship between demand generators and parking supply and; 2) To model the parking impact associated with future development activity Table 4: Parking Demand to Land Use Factors Peak Period Parking Demand Land Use Type Factor per 1,000 sq Office 2.40 Retail 1.00 Restaurant 1.50 Hotel 1.50 Entertainment 0.25 Residential 1.00 Industrial 1.00 Wholesale 0.50 Storage 0.40 Religious 0.00 Charitable 0.40 Education 0.50 City of Buffalo 17 Parking Needs Assessment DESMAN A S S O C I A "i t. S Table 5: Comparison of Demand Estimates to Actual Peak Occupancy District Name Total Parking Demand Peak Occupancy Difference Main - Tupper 1,038 1,085 -47 Theater District 1,808 2,089 -281 Main - Genesee 3,366 2,958 408 Government Office 4,615 2,101 2,514 Elm -Oak Corridor 1,181 1,976 -795 Retail Core 3,543 3,906 -363 Office District 4,440 2,858 1,582 HSBC Area 1,653 3,293 -1,640 Elmwood Terrace 1 1,091 1 1,980 1 -889 Total 1 22,735 1 22,246 1 489 The theoretical relationship between land use activity, parking demand and parking supply by district is illustrated in Table 6. System -wide, the study area has a surplus of 3,424 spaces. However, there are large land use -based deficits in the Government - Office (- 2,450), Office (- 1,646), and Main Genesee ( -251) districts and it is still unclear how satisfied or unsatisfied these core district parkers may be. A more critical and illustrative examination breaks the study into individual blocks. Table 6: Land Use -Based Surplus /Deficit Conditions District Name System -Wide Parking Supply Practical Capacity Land Use Demand Surplus/ Deficit Main - Tupper 1,683 1,515 1,038 476 Theater District 2,939 2,645 1,808 837 Main - Genesee 3 3,115 3,366 -251 Government Office 2,405 2,165 4,615 -2,450 Elm -Oak Corridor 3,175 2 1,181 1,676 Retail Core 4,405 3,965 3,543 422 Office District 3,104 2,794 4,440 -1 HSBC Arena 4,820 4,338 1,653 2,685 Elmwood Terrace 3,073 2,766 1,091 1,675 Totals 29,065 26,159 22,735 3,424 City of Buffalo 18 Parking Needs Assessment A S S O C I A T E S DESMAN Exhibit E can be referred to as a "Hot and Cold" block analysis where Hot (red) illustrates levels of demand intensity and Cold (green) illustrates levels of supply availability. Although a number of blocks are identified with large parking deficits within the Retail Core, Government, Office, and Main - Genesee districts, each block deficit is located less than two blocks away from a block containing a large parking surplus, which generally represents a parking ramp. For example, the 696 space parking deficit created on Block 18 by the Rath Building can be captured in the surrounding public, off - street facilities on Block 6 (964 surplus) and Block 28 (59 surplus). This block by block supply and demand analysis supports the conclusion that downtown Buffalo does not presently have a parking deficit. The analysis does illustrate where the supply of available parking is not as conveniently available as some parkers may wish. City of Buffalo 19 Parking Needs Assessment A S S O C I A T E S DESMAN 6.0 FUTURE PARKING SUPPLY/DEFICIT CONDITIONS Future parking surplus /deficit conditions for downtown Buffalo were calculated by layering parking demand associated with known, proposed, and potential development information (as provided by Buffalo Place, Inc.) onto existing parking supply and occupancy figures. Note that given the speculative nature of most development information, the number of existing parking spaces that would or could be lost to development was not available for all developments. Additionally, only publicly available parking supply was utilized in this portion of the analysis, as privately available spaces should not be expected to satisfy new /additional demand in the future. Table 7 identifies 30 developments anticipated to occur and estimates their peak parking demand based on density information and appropriate parking ratios while Exhibit F illustrates their location within the study area. With the notable exceptions of the Donovan Building, Health Now, ECC Expansion, Hotel Learning Lab, and Webster Block, which will supply a combined total of 5,210 new spaces, almost all of the listed developments will create potential parking deficits as they do not include sufficient on- site parking. As a result, many parkers destined for these developments will be forced to depend on existing and adjacent public facilities. The combined impact from the 30 developments listed in Table 7 will result in a practical parking deficit of 912 spaces. City of Buffalo 21 Parking Needs Assessment DESMAN ASSOCIATFS Exhibit F: t #�� 1 31 .. r� l Yfx� t`� : 1 5 , f 5c1�ti Builclitl r721 723 Main 9t_1 Plue Burldnra Adciitirari�i+ a S Satt�t�I3ut1�3ing i ,1 1 1 A�truryll3el. Cl ru l , -- �� t Birzou Building ! 1 1 52' L7Ciuland 1 134 I n is Building w r 1 130 f Ellicott Corrunoris: Pierca BuilcGn« 1 t, LVaslri #rgton hf5thet. CopylFix Building, } l' i Future laxll Bitildia Ne�v 1 Spa L t s `„, Era Cap £ t': 117 1 GzeiFes 3 1 E Squared C�rndos. 11 '216 >\ , r 1 = '" Brrelil Block Federal ourtlioirse 104 1 ' 2 +4 ?�3cGu re Buildvrg i i .._ f C=Bkeh,, r24 � m 1�F1 11 n 2 3 _ . zz 7 Seneca Paper l-lealtlr Now :Buildbig ""V 1 i t 1 G 212 El CC Es rtsic�ti: b 1 , 1 i 21 3 �; l w t Hotel L earning Lab Building, ` l ? j connnuni ersity v' C ' 1# ;>7 21 o Classroom Building, r� ,a 3 Public Safety Center 1 l jr� 209 €9 !Bass �Pzo 20i r 1 .� Donovan Build sig; t t j 3 03 Downtown Buffalo Parking stud ' LT4elisier Bloi11 Location of Programmed and I ,iii cin�i xztoi` Proposed Nc I tc elc n�cnt i � 1 20 -2 � -�- ij General k Housing � � 1, 14 Galabl crone Lotls 2 01 499 200 City of Buffalo 22 Parking Needs Assessment DESMAN Table 7: Future Development, Peak Hour Demand, and Surplus/Deficit City of Buffalo 23 Parking Needs Assessment Density Land Use/ Peak Provided Operational Displaced Peak Hour Block # Development Name (sq.ft. /units) Population Factor Demand Parking Capacity Parking Surplus/Deficit 6 McGuire Building Office 277,000 0.00240 665 138 124 120 -661 Subtotal 665 138 124 120 -661 9 Seneca Paper Residential 30 1.00000 30 0 0 0 -30 Subtotal 30 0 0 0 -30 10 Hotel Learning Lab Hotel 30,000 0.00150 45 0 0 0 -45 Education 75,000 0.00050 38 600 540 375 128 Subtotal 83 600 540 375 83 14 ECC Expansion Education 210,000 0.00050 105 600 540 205 230 Subtotal 105 600 540 205 1 230 34 ECC Communiversity Education 200,000 0.00050 100 0 0 0 -100 Subtotal 100 0 0 0 -100 35 Public Safety Center Office 120,000 0.00240 1 288 20 18 0 -270 Subtotal 288 20 18 0 -270 64 Donovan Building Site Retail 26,000 0.00100 26 0 0 0 -26 Ram - -- - -- 0 1,450 1,305 154 1,151 Subtotal 26 1,450 1,305 154 1,125 65 Bass Pro Hotel 200 1.00000 200 0 0 0 -200 Retail 200,000 0.00100 200 0 0 0 -200 Restaurant 12,000 0.00150 18 0 0 45 -63 Subtotal 418 0 0 45 -463 101 Federal Courthouse Office 260,000 0.00240 1 624 30 27 205 -802 Subtotal 624 30 27 205 -802 105 Courtyard Mall Office 33,400 0.00240 80 0 0 0 -80 Retail 19,800 0.00100 20 66 59 0 40 Subtotal 100 66 59 0 -41 105 Baker Shoes Office 9,900 0.00240 24 0 0 0 -24 Residential 35,000 0.00100 35 0 0 0 35 Subtotal 59 0 0 0 -59 110 Buehl Block Residential 5 1.00000 5 5 5 0 -1 Retail 2,500 0.00100 3 0 0 0 -3 Office 13,875 0.00240 33 0 0 0 -33 Subtotal 41 5 5 0 -36 115 Grevers Residential 2 1.00000 2 0 0 0 -2 Subtotal 2 0 1 0 0 -2 115 Spa Lofts Residential 2 1.00000 2 0 0 0 2 Subtotal 2 0 0 0 -2 115 E Squared Condos Residential 6 1.00000 6 6 5 0 -1 Subtotal 6 6 1 5 0 -1 City of Buffalo 23 Parking Needs Assessment A S S O C I A T L S DESMAN Table 7 (Continued) City of Buffalo 24 Parking Needs Assessment Density Land Use/ Peak Provided Operational Displaced Peak Hour Block # Development Name (sq.ft. /units) Population Factor Demand Parking Capacity Parking Surplus /Deficit 119 New Era Cap HQ Office 100,000 0.00240 240 146 131 0 -109 Subtotal 240 146 131 0 109 129 Ellicott Commons Office 20,000 0.00240 48 25 23 0 -26 Residential 34,422 0.00100 34 0 0 0 -34 Retail 15,318 0.00100 15 0 0 0 -15 Subtotal 98 25 23 0 -75 129 Is Building Residential 18,000 0.00100 18 25 23 0 5 Subtotal 18 25 23 0 5 132 Birzon Building Retail 3,000 0.00100 3 0 0 0 -3 Residential 10 1.00000 10 12 11 0 l Subtotal 13 12 11 0 2 132 Pierce Building Office 8,000 0.00240 19 0 0 0 -19 Residential 7,200 0.00100 7 0 0 0 -7 Subtotal 26 0 0 0 -26 133 Saturn Building Residential 42,150 0.00100 42 0 0 0 -42 Entertainment 8,430 0.00025 2 0 0 0 -2 Subtotal 44 0 0 0 -44 135 Unhand Office 116,800 0.00240 280 100 90 0 -190 Subtotal 280 100 90 0 -190 135 Asbury /Del. Church Office 9,000 0.00240 22 0 0 0 -22 Retail 6,000 0.00100 6 0 0 0 -6 Entertainment 19,000 0.00025 5 45 41 0 36 Subtotal 32 45 41 0 8 142 Plue Bldg. Addition 1 Office 34,030 0.00240 82: P57q 51 0 -30 Subtotal 82 51 0 -30 144 Schmidt Building Residential 36 100000 36 36 32 41 45 Subtotal ( 36 36 1 32 I 41 i -45 145 721 & 723 Main St. Office 5,550 0.00240 13 40 36 0 23 Subtotal 13 1 40 36 0 23 225 Health Now Building Office 452,000 0.00240 1,085 1,650 1,485 0 400 Subtotal 1,085 1,650 1,485 0 400 304 Erie Canal Harbor Retail 20,000 0.00100 20 0 0 0 -20 Education 20,000 0.00050 10 0 0 0 -10 Subtotal 30 0 0 0 -30 305 Webster Block Office 200,000 0.00240 480 910 819 0 339 Retail 26,900 0.00100 27 0 0 0 -27 Residential 38,000 0.00100 38 0 0 0 -38 Subtotal 545 910 819 0 274 311 Cobblestone Lofts Residential 37,500 0.00100 38 45 41 0 3 Office 17,600 0.00240 42 20 18 0 -24 Retail 19,900 0.00100 20 0 0 0 -20 Subtotal 100 65 59 0 -41 Total Develo ment Im act 5,190 6,026 5,423 1,145 1 -912 City of Buffalo 24 Parking Needs Assessment DESMAN A S S O C I A T L S Table 8 presents development based deficits and their impact on existing public parking within each district and for the study area as a whole. System -wide, there will be a surplus of 1,821 spaces, although three of the nine districts are expected to have a parking deficit in the future. The largest impact will be felt in the core districts, namely Government - Office, Retail Core, and Office, as they will experience a shortage of 844, 674, and 76 spaces, respectively. Table 8: Future Surplus /Deficit Conditions District Total Public Parking Supply Practical Capacity Peak Occupancy Existing Surplus/Deficit Development Impact (1) Future Surplus /Deficit Main- Tupper 461 415 235 180 -52 128 Theatre 1,349 1,214 889 325 -326 -1 Main - Genesee 3,062 2,756 2,622 134 -41 93 Gov't Office 1,990 1,791 1,724 67 -911 -844 Elm -Oak 1,690 1,521 745 776 -140 636 Retail Core 4,303 3,873 3,839 34 -707 -674 Office 3,054 2,749 2,825 -76 0 -76 HSBC Arena 2,602 2,342 2,519 -177 865 688 Elmwood Terrace 2,813 2,532 1,061 1,471 400 1,871 TOTAL 21,324 19,192 16,459 2,733 -912 1,821 (1) Includes new demand, addition of new spaces, and displacement of existing spaces Exhibit G presents a more detailed impact assessment by block where green identifies surplus and red identifies deficits. The specific surplus or deficit figures are also illustrated within each block. For blocks where large parking deficits are anticipated, Exhibit G has included a 2 -block radius around the deficit. This attempts to illustrate a user's acceptable walking distance from a parked location to their destination. The 2- block radius applied here is simply an industry standard. The acceptable distance is greatly affected by physical conditions and/or barriers (light rail line), environmental conditions (winter conditions), the perception of safety and security and parking pricing. This illustration suggests that certain blocks' and developments' parking needs will not be satisfied by existing or adjacent public parking surpluses. These are the main areas of concern: City of Buffalo 25 Parking Needs Assessment DESMAN A long corridor area along Elmwood Avenue bound by Huron Street and Church Street A long corridor area along Pearl Street also bound by Huron Street and Church Street The Pearl Street corridor is particularly problematic as a deficit of over 839 spaces is anticipated. This vision of the future presumes that a considerable amount of new development activity will occur in the not so distant future, that the majority of these developments will not provide sufficient parking, that the automobile will continue to dominate trip mode, and that the public sector will be "counted on" to meet any projected parking deficits. Whether this vision can be deemed the highest demand or worst case scenario is questionable, but it does illustrate the important role that parking and the public sector will play in the continued development of the downtown. City of Buffalo 26 Parking Needs Assessment . . .. . . ���. . \. .. 3 S S 0 C!± T T S \ \ \: E&a» G Goodell sE < � Umw Clinton .a a\ %& Seneca s —. \ \\ Exchanve S«< S » -16 2: » a« st DESMAN ASSOCIATES 7.0 OFFICE ABSORPTION TRENDS In addition to incorporating the impact of new development into the future surplus and deficit conditions, office absorption was also projected for downtown Buffalo as it is expected to occur in conjunction with the previously mentioned projects. Similarly to the Destination Downtown Buffalo 2000 report, previous trends in occupancy of Class A and B office space were reviewed. For purposes of this study, DESMAN utilized the 5 -year growth trends provided by Buffalo Place, Inc. which include a conservative growth trend of 2 %, a moderate growth trend of 10% and an aggressive growth trend of 20 %. It may be of interest to note that in revisiting the Buffalo 2000 report, which set a stabilized vacancy rate of 80% for each subject property /building, the conservative growth trend from that earlier report predicted less growth than was actually experienced in Downtown Buffalo over the past five years. The moderate growth trend is most similar to the Downtown experience, while the aggressive growth trend projects a higher rate of growth then experienced over the last five years. As in the 2000 report, it was also assumed that the occupancy of Class C buildings might change when that property becomes part of a specific development project, as described in the previous section. These developments often involve a change of land use, such as a shift from Class C office space to residential. It should be noted that all property information was grouped into blocks and districts in order to maintain confidentiality. Office occupancy information for the downtown area was graciously provided by J.R. Militello Realty. City of Buffalo 28 Parking Needs Assessment DESMAN ASSOCIATTIS Table 9 presents the selected blocks with their respective newly occupied square footage and applies a land use factor of 2.4 (office space) to identify the land use demand. Tables lOa -c on the following page utilize this data to establish the appropriate future surplus /deficit conditions for each district by overlaying the development impact as well as office absorption onto appropriate city blocks. Development impacts, whether positive or negative depending on the provision of on -site parking, are added to the existing surplus or deficit conditions. The office absorption scenarios, on the other hand, are presumed to reflect parking deficits (i.e., are subtracted from base figures) as they only represent additional demand. Table 9: Assumptions for Office Space Absorption (2005 -2010) Block # Conservative (2 %) Growth Demand ( Moderate (10 %) Growth Demand Aggressive (20 %) Growth Demand 7 39 196 320 8 1 1 1 19 1 2 2 46 13 65 130 51 5 23 46 105 6 31 53 112 16 61 106 117 6 20 20 118 3 16 32 123 2 9 18 124 6 6 6 126 6 29 59 132 2 10 18 133 3 15 30 135 1 5 9 139 1 4 4 140 2 12 23 143 1 6 13 147 6 32 63 150 2 12 16 151 1 3 5 164 1 5 5 311 0 2 4 Total 126 565 983 Note: Demand is Calculated Using Peak Period Parking Demand Factor of 2.4 for Office Space Although certain blocks are expected to experience a significant shift from a surplus to a deficit, downtown Buffalo as a system, will still experience a practical surplus of 1,290 spaces under the aggressive growth trend of 20 %. However, parking deficits in the core districts will continue to grow. Combined, the Main - Genesee, Government Office, Retail Core, and Office districts can expect peak daytime parking deficits of 1,600 spaces under the conservative growth scenario, 1,937 under the moderate growth scenario, and 2,246 City of Buffalo 29 Parking Needs Assessment A S S O C I A T E S DESMAN spaces under the aggressive growth scenario. Detailed tables of office absorption growth trends by block can be found in the Appendix. For further analysis, Exhibits H, I, and J graphically illustrate the impact of the conservative, moderate, and aggressive growth trends respectively. As the level of growth increases from conservative to aggressive, more districts begin to display deficits of over a 100 spaces. Table IOa: Future Surplus /Deficit Conditions under the Conservative Growth (2 %) Trend for Office Absorption District Total Public Parking Supply Practical Capacity Peak Occupancy Existing Surplus /Deficit Development Impact 2% Office Absorption Future Surplus /Deficit Main- Tupper 461 415 235 180 -52 10 118 Theatre 1,349 1,214 889 325 -326 7 -8 Main - Genesee 3,062 2,756 2,622 134 -41 20 73 Gov't Office 1,990 1,791 1,724 67 -911 4 -848 Elm -Oak 1,690 1,521 745 776 -140 8 628 Retail Core 4,303 3,873 3,839 34 -707 63 -736 Office 3,054 2,749 2,825 -76 0 13 -89 HSBC Arena 2,602 2,342 2,519 -177 865 0 688 Elmwood Terrace 1 2,813 1 2,532 1 1,061 1,471 1 400 1 1,869 T OTAL 1 21,324 1 19,192 16,459 2,733 -912 126 1,694 Table lob: Future Surplus/Deficit Conditions under the Moderate Growth (10 %) Trend for Office Absorption District Total Public Parking Supply Practical Capacity Peak Occupancy Existing Surplus /Deficit Development Impact 10% Office Absorption Future Surplus/Deficit Main - Tupper 461 415 235 180 -52 50 78 Theatre 1,349 1,214 889 325 -326 34 -35 Main - Genesee 3,062 2,756 2,622 134 -41 65 28 Gov't Office 1,990 1,791 1,724 67 -911 18 -861 Elm -Oak 1,690 1,521 745 776 -140 38 598 Retail Core 4,303 3,873 3,839 34 -707 289 -963 Office 3,054 2,749 2,825 -76 0 65 -141 HSBC Arena 2,602 2,342 2,519 -177 865 0 688 Elmwood Terrace 2,813 2,532 1,061 1,471 400 7 1,864 TOTAL 21,324 1 19,192 1 16,459 2,733 1 -912 1 565 1 1,255 Table 10e: Future Surplus/Deficit Conditions under the Aggressive Growth (20 %) Trend for Office Absorption District Total Public Parking Supply Practical Capacity Peak Occupancy Existing Surplus /Deficit Development Impact 20% Office Absorption Future Surplus/Deficit Main - Tupper 461 415 235 180 -52 99 29 Theatre 1,349 1,214 889 325 -326 62 -63 Main - Genesee 3,062 2,756 2,622 134 -41 103 -10 Gov't Office 1,990 1,791 1,724 67 -911 33 -877 Elm -Oak 1,690 1,521 745 776 -140 68 568 Retail Core 4,303 3,873 3,839 34 -707 479 -1,153 Office 3,054 2,749 2,825 -76 0 130 -206 HSBC Arena 2,602 2,342 2,519 -177 865 0 688 Elmwood Terrace 2,813 1 2,532 1 1,061 1,471 1 400 1 9 1 1,861 TOTAL 21,324 19,192 16,459 2,733 1 -91 983 838 City of Buffalo J Farkmg Neeas Assessment DESMAN A\; o /\\ T E 9 Goode c � . William Clinto ■ :2 ( . . � \ `. c! 1y A S S O C I A T DESMA .E S 8.0 CONCLUSION The surveys of peak weekday occupancy found public parking surpluses in most study area Districts. The study of current land use activity and parking demand agreed with this conclusion but did find specific blocks and districts where available public parking might not be so convenient. Although, there is little evidence to suggest that additional structured public parking is needed to meet current real or perceived inconveniences, there will be a need for several new parking structures if development occurs as envisioned. This will become most evident in the core districts mentioned throughout this report as the Main - Genesee, Government Office, Retail Core and Office districts are expected to reach a parking deficit of between 1,600 spaces and 2,246 spaces depending on the growth trend and future development scenario. The Pearl St. corridor between Huron St. and Church St. will be of another concern under even the most conservative of future development and absorption scenarios, as there is insufficient surplus capacity in or adjacent to this area. Considering that this corridor is in the heart of the central business district, the acquisition of sufficient land for the development of yet another parking structure may be problematic. Furthermore, the street network may be insufficient to process the traffic that would be generated by n 900 to 1,350 space parking deck that would be required (depending on growth and development scenarios). City of Buffalo 34 Parking Needs Assessment DESMAN Appendix City of Buffalo Parking Needs Assessment A S S O C I A T E S DESMAN Appendix A: Existing Parking Supply, Peak Occupancy, and Surplus/Deficit City of Buffalo Parking Needs Assessment Block Off - Street Practical Peak Surplus/ Main- Tupper Code On- Street Public Private Total Supply Capacity (90 %) Occupancy Percent Deficit 1 140 32 0 0 32 29 10 31% 19 1 141 31 0 258 289 260 242 84% 18 1 142 43 138 163 344 310 205 60% 105 1 143 0 88 157 245 221 111 45% 110 1 144 40 0 102 142 128 64 45% 64 1 145 25 0 320 345 311 282 82% 29 1 146 30 0 190 220 198 149 68% 49 1 147 34 0 32 66 59 22 33% 37 Theatre 235 1 226 1,222 1,683 1,515 1,085 64% 430 2 129 54 34 228 316 284 261 83% 23 2 130 45 0 385 430 387 386 90% 1 2 131 42 0 130 172 155 89 52% 66 2 132 20 0 72 92 83 60 65% 23 2 133 25 141 95 261 235 227 87% 8 2 134 45 557 45 647 582 408 63% 174 2 135 74 79 315 468 421 273 58% 148 2 136 34 150 55 239 215 123 51% 92 2 137 3 0 70 73 66 45 62% 21 2 138 30 0 60 90 81 83 92% -2 2 139 16 0 135 151 136 134 89% 2 Main-Genes e 388 961 1,590 2,939 2,645 2,089 71% 556 3 104 7 0 0 7 6 14 200% -8 3 110 18 0 61 79 71 50 63% 21 3 113 31 0 150 181 163 143 79% 20 3 114 26 713 0 739 665 663 90% 2 3 115 10 85 0 95 86 71 75% 15 3 116 6 0 0 6 5 17 283% -12 3 117 38 165 60 263 237 203 77% 34 3 123 27 1,357 0 1,384 1,246 1,239 90% 7 3 124 22 250 0 272 245 232 85% 13 3 125 16 0 32 48 43 31 65% 12 3 126 30 0 66 96 86 68 71% 18 3 127 22 101 0 123 111 105 85% 6 3 128 30 108 30 168 151 122 73% 29 Gov't Office 283 2,779 399 3,461 3,115 2,958 85% 157 4 3 15 0 0 15 14 13 87% 1 4 5 0 0 0 0 0 0 0% 0 4 18 15 0 100 115 104 90 78% 14 4 19 30 0 15 45 41 22 49% 19 4 20 30 773 0 803 723 809 101% -86 4 22 0 0 0 0 0 0 0% 0 4 23 37 0 0 37 33 33 89% 0 4 101 25 120 0 145 131 101 70% 30 4 102 39 0 0 39 35 35 90% 0 4 103 10 0 0 10 9 10 100% -1 4 118 33 280 14 327 294 214 65% 80 4 119 4 160 189 353 318 343 97% -25 4 120 0 0 0 0 0 0 0% 0 4 121 38 0 87 125 113 100 80% 13 4 122 39 342 10 391 352 331 85% 21 315 1,675 415 2,405 2,165 2,101 87% 64 City of Buffalo Parking Needs Assessment A S S O C I A T E S DESMAN Appendix A (Continued): City of Buffalo Parking Needs Assessment Block Off-Street Practical Peak Surplus/ Elm -Oak Code On- Street Public Private Total Supply Capacity (90 %) Occupancy Percent Deficit 5 11 46 0 43 89 80 30 34% 50 5 12 43 0 0 43 39 34 79% 5 5 13 25 0 43 68 61 19 28% 42 5 14 30 0 255 285 257 232 81% 25 5 34 8 0 0 8 7 2 25% 5 5 35 39 0 0 39 35 23 59% 12 5 36 6 200 0 206 185 182 88% 3 5 37 0 0 0 0 0 0 0% 0 5 49 0 200 0 200 180 180 0% 0 5 50 2 280 280 562 506 208 37% 298 5 51 22 0 160 182 164 118 65% 46 5 52 0 160 0 160 144 15 9% 129 5 148 13 140 0 153 138 121 79% 17 5 149 14 0 32 46 41 30 65% 11 5 150 10 0 105 115 104 90 78% 14 5 151 0 0 204 204 184 184 90% 0 5 152 0 0 75 75 68 4 5% 64 5 153 0 250 0 250 225 187 0% 38 5 154 13 0 0 13 12 0 0% 12 5 155 7 0 26 33 30 0 0% 30 5 156 33 0 68 101 91 73 72% 18 5 157 47 59 75 181 163 143 79% 20 5 158 20 0 60 80 72 34 43% 38 5 1 159 1 23 0 1 59 1 82 74 67 82 7 Retail Core 401 1,289 1,485 3,175 2,858 1,976 62% 882 6 6 22 1,316 0 1,338 1,204 1,282 96% -78 6 7 27 1,002 0 1,029 926 955 93% -29 6 8 22 0 0 22 20 3 14% 17 6 9 10 0 84 94 85 64 68% 21 6 10 12 375 0 387 348 273 71% 75 6 15 7 0 0 7 6 3 43% 3 6 16 15 1,160 0 1,175 1,058 1,103 94% -46 6 17 0 0 0 0 0 0 0% 0 6 31 0 0 0 0 0 0 0% 0 6 32 5 0 0 5 5 1 20% 4 6 33 7 0 0 7 6 1 14% 5 6 105 27 0 0 27 24 16 59% 8 6 106 6 0 0 6 5 4 67% 1 6 107 0 0 0 0 0 0 0% 0 6 108 18 0 18 36 32 20 56% 12 6 109 5 0 0 5 5 2 40% 3 6 111 30 222 0 252 227 168 67% 59 6 112 15 0 0 15 1 14 11 73% 3 Office 228 4,075 102 4,405 3,965 3,906 89% 59 7 28 30 115 0 145 131 133 92% -3 7 29 17 0 35 52 47 59 113% -12 7 30 14 0 0 14 13 15 107% -2 7 38 6 0 15 21 19 3 14% 16 7 39 0 269 0 269 242 249 93% -7 7 40 6 0 0 6 5 1 17% 4 7 41 5 0 0 5 5 3 60% 2 7 43 12 50 0 62 56 42 0% 14 7 44 26 105 0 131 118 103 79% 15 7 45 15 365 0 380 342 351 92% -9 7 46 5 125 0 130 117 125 96% -8 7 53 12 969 0 981 883 925 94% -42 7 56 0 435 0 435 392 397 91% -6 7 1 399 1 16 457 1 0 1 473 426 1 452 96% 26 164 2,890 50 1 3,104 2,794 2,858 92% -64 City of Buffalo Parking Needs Assessment DESMAN A S§ 0 C.' 1 A T I I S Appendix A (Continued): Summary ofAnnendix A: District Name Block Off - Street Public Private Off - Street Practical Capacity (90 %) Practical Peak Surplus/ Deficit Surplus/ HSBC Arena Code On- Street Public Private Total Supply Capacity (90 %) Occupancy Percent Deficit 8 58 58 135 0 193 174 85 44% 89 8 59 0 0 0 0 0 0 0% 0 8 60 0 55 0 55 50 0 0% 50 8 61 0 30 0 30 27 17 57% 10 8 62 0 0 0 0 0 0 0% 0 8 63 0 0 0 0 0 0 0% 0 8 64 0 0 154 154 139 100 65% 39 8 65 13 45 0 58 52 44 76% 8 8 304 0 175 0 175 158 94 54% 64 8 305 0 283 0 283 255 278 98% -23 8 306 32 0 994 1,026 923 693 68% 230 8 307 0 507 0 507 456 409 81% 47 8 308 10 1,100 0 1,110 999 651 59% 348 8 310 0 0 0 0 0 0 0% 0 8 311 0 0 0 0 0 0 0% 0 8 312 18 0 374 392 353 276 70% 77 8 313 31 0 271 302 272 290 96% -18 8 314 0 0 265 265 239 225 85% 14 8 499 0 0 0 0 0 0 0% 0 8 699 0 110 0 110 99 65 0% 34 8 799 0 0 1 160 160 144 66 0% 78 Elmwood' 162 2,440 2,218 4,820 4,338 3,293 68% 1,045 9 1 62 360 0 422 380 339 80% 41 9 2 37 380 0 417 375 344 82% 31 9 21 22 0 0 22 20 24 109% -4 9 24 0 320 0 320 288 224 70% 64 9 25 0 0 0 0 0 0 0% 0 9 26 10 700 0 710 639 364 51% 275 9 42 8 0 200 208 187 146 70% 41 9 57 0 80 0 80 72 48 0% 24 9 160 4 0 0 4 4 0 0% 4 9 161 10 0 0 10 9 0 0% 9 9 162 23 570 60 653 588 457 70% 131 9 163 24 0 0 24 22 4 0% 18 9 164 10 0 0 10 9 15 150% -6 9 165 55 0 0 55 50 11 0% 39 9 166 0 0 0 0 0 0 0% 0 9 167 32 0 0 32 29 0 0% 29 9 168 38 0 0 38 34 0 0% 34 9 169 14 0 0 14 13 4 29% 9 9 170 54 0 0 54 49 0 0% 49 9 225 0 1 0 1 0 1 0 0 1 0 0% 0 403 2,41Q 260 3,073 2,766 1,980 1 64% 786 TOTAL -- 2,579 18,745 7,741 29,065 26,159 22,246 77 0 % 3,913 Summary ofAnnendix A: District Name On- Street Off - Street Public Private Total Supply Practical Capacity (90 %) Peak Occupancy Percent Surplus/ Deficit Main - Tupper 235 226 1,222 1,683 1,515 1,085 64% 430 Theater District 388 961 1,590 2,939 2,645 2,089 71% 556 Main - Genesee 283 2,779 399 3,461 3,115 2,958 85% 157 Government Office 315 1,675 415 2,405 2,165 2,101 87% 64 Elm -Oak Corridor 401 1,289 1,485 3,175 2,858 1,976 62% 882 Retail Core 228 4,075 102 4,405 3,965 3,906 89% 59 Office District 164 2,890 50 3,104 2,794 2,858 92% -64 HSBC Arena 162 2,440 2,218 4,820 4,338 3,293 68% 1,045 Elmwood Terrace 403 2,410 260 3,073 2,766 1 1,980 64% 786 Total Z 579 18,745 7,741 29,065 26,159 22,246 77% 3,913 City of Buffalo rarkmg Iveeas Assessment I of to m 0 Appendix B: Existing Land Use Inventory by District Appendix C: Existing Parking Demand by District Industrial/ Total District Name Retail Restaurant Hotel Entertainment Office Residential Manufacturing Wholesale Storage Religious Charitable Educational Land Use Main- Tupper 37,567 13,153 23,637 66,466 231,179 212,586 153,948 0 2,949 6,248 16,288 0 764,020 Theater District 105,963 91,077 63,516 266,596 490,126 170,556 23,985 21,041 38,176 126,840 0 14,175 1,412,051 Main- Genesee 66,787 126,839 133,109 216,000 1,121,323 127,484 13,223 0 57,658 0 0 0 1,862,424 Government Office 30,340 54,730 35,666 28,926 1,821,700 7,956 1,060 0 27,262 0 52,074 57,024 2,116,737 Elm -Oak Corridor 59,200 0 0 0 416,593 8,347 13,860 32,638 29,862 0 0 143,142 703,642 Retail Core 141,449 45,796 34,664 4,832 1,279,060 1,183 59,291 0 10,225 6,144 0 289,876 1,872,521 Office District 28,459 35,389 0 383,674 1,649,856 1,897 170,781 0 69,722 61,653 0 204,741 2,606,171 HSBC Area 1,552 3,280 0 757,198 494,007 1,664 270,031 0 0 0 0 0 1,527,731 Elmwood Terrace 0 0 25,920 0 377,617 17,280 13,866 0 0 0 0 229,213 663,895 Land Use Totals 1 471,318 1 370,264 1 316,513 1,723,690 7,881,461 548,953 720,045 53,679 235,854 200,885 1 68,362 938,170 13,529,194 Percent 1 3% 1 3% I 2% 13% 58% 4% 5% 0% 2% 1% 1 1 % 7% 1 720 Appendix C: Existing Parking Demand by District cr. . :o� Industrial/ Total District Name Retail Restaurant Hotel Entertainment Office Residential Manufacturing Wholesale Storage Religious Charitable Educational Demand Main - Tupper 38 20 35 17 555 213 154 0 1 0 7 0 1,038 Theater District 106 137 95 67 1,176 171 24 11 15 0 0 7 1,808 Main - Genesee 67 190 200 54 2,691 127 13 0 23 0 0 0 3,366 Government Office 30 82 53 7 4,372 8 1 0 11 0 21 29 4,615 Elm -Oak Corridor 59 0 0 0 1,000 8 14 16 12 0 0 72 1,181 Retail Core 141 69 52 1 3,070 1 59 0 4 0 0 145 3,543 Office District 28 53 0 96 3,960 2 171 0 28 0 0 102 4,440 HSBC Area 2 5 0 189 1,186 2 270 0 0 0 0 0 1,653 Elmwood Terrace 0 0 39 0 906 17 14 0 0 0 0 115 1,091 Demand Totals 1 471 1 555 475 1 431 1 18,916 1 549 1 720 1 27 1 94 0 27 469 22,735 2% 1 2 '% 2% 1 2% 1 83% 1 2% 1 3% 1 0 % 1 0 % 0 % 0% 2% cr. . :o� A S S O C I A T I DESMAN S Appendix D: Land Use -Based Supply and Demand City of Buffalo Parking Needs Assessment Block System -Wide Practical Land Use Surplus/ Main - Tupper Code Parking Supply Capacity Demand Deficit 1 140 32 29 98 -69 1 141 289 260 48 212 1 142 344 310 143 167 1 143 245 221 94 126 1 144 142 128 143 -16 1 145 345 311 192 119 1 146 220 198 132 66 1 147 66 59 188 -129 Theatre 1,683 1,515 1,038 476 2 129 316 284 120 165 2 130 430 387 0 387 2 131 172 155 51 103 2 132 92 83 402 -319 2 133 261 235 328 -93 2 134 647 582 126 456 2 135 468 421 374 48 2 136 239 215 106 109 2 137 73 66 33 32 2 138 90 81 85 -4 2 139 1 151 136 183 -48 Main - Genesee 2,939 2,645 1,808 837 3 104 7 6 225 -219 3 110 79 71 18 53 3 113 181 163 172 -9 3 114 739 665 163 502 3 115 95 86 47 38 3 116 6 5 443 -438 3 117 263 237 374 -137 3 123 1,384 1,246 34 1,212 3 124 272 245 962 -718 3 125 48 43 811 -767 3 126 96 86 86 1 3 127 123 111 0 111 3 128 1 168 151 32 120 Gov't Office 3,461 3,115 3,366 -251 4 3 15 14 888 -874 4 5 0 0 248 -248 4 18 115 104 800 -696 4 19 45 41 372 -331 4 20 803 723 398 325 4 22 0 0 145 -145 4 23 37 33 368 -335 4 101 145 131 0 131 4 102 39 35 455 -420 4 103 10 9 120 -111 4 118 327 294 269 26 4 119 353 318 206 112 4 120 0 0 94 -94 4 121 125 113 63 50 4 1 122 1 391 1 352 189 163 2, 405 2,165 4,615 -2,450 City of Buffalo Parking Needs Assessment A S S O C I A T E S DESMAN Appendix D (Continued) of Buffalo Parking Needs Assessment Block System -Wide Practical Land Use Surplus/ Elm -Oak Code Parking Supply Capacity Demand Deficit 5 11 89 80 75 5 5 12 43 39 0 39 5 13 68 61 0 61 5 14 285 257 0 257 5 34 8 7 115 -108 5 35 39 35 92 -57 5 36 206 185 17 169 5 37 0 0 28 -28 5 49 200 180 53 127 5 50 562 506 29 477 5 51 182 164 141 23 5 52 160 144 0 144 5 148 153 138 0 138 5 149 46 41 145 -104 5 150 115 104 183 -80 5 151 204 184 82 102 5 152 75 68 0 68 5 153 250 225 0 225 5 154 13 12 0 12 5 155 33 30 0 30 5 156 101 91 43 48 5 157 181 163 121 42 5 158 80 72 42 30 5 1 159 82 1 74 17 57 _ tetail Core 3,175 2,858 1,181 1,676 6 6 1,338 1,204 240 964 6 7 1,029 926 1,044 -118 6 8 22 20 303 -283 6 9 94 85 56 28 6 10 387 348 0 348 6 15 7 6 159 -153 6 16 1,175 1,058 0 1,058 6 17 0 0 603 -603 6 31 0 0 0 0 6 32 5 5 0 5 6 33 7 6 0 6 6 105 27 24 423 -399 6 106 6 5 0 5 6 107 0 0 98 -98 6 108 36 32 0 32 6 109 5 5 1 3 6 111 252 227 30 196 6 112 1 15 14 583 570 Office 4,405 3,965 3,543 422 7 28 145 131 71 59 7 29 52 47 672 -625 7 30 14 13 0 13 7 38 21 19 102 -83 7 39 269 242 31 211 7 40 6 5 619 -613 7 41 5 5 438 -433 7 43 62 56 0 56 7 44 131 118 129 -11 7 45 380 342 322 20 7 46 130 117 292 -175 7 53 981 883 92 790 7 56 435 392 0 392 7 1 399 1 473 426 1,672 1 -1,246 3,104 2,794 4,440 1 -1,646 of Buffalo Parking Needs Assessment DESMAN A S S O C 1 A T E ti Appendix D (Continued): Summary of Appendix D: District Name Block System -Wide Practical Land Use Surplus/ HSBC Arena Code Parking Supply Capacity Demand Deficit 8 58 193 174 0 174 8 59 0 0 0 0 8 60 55 50 0 50 8 61 30 27 0 27 8 62 0 0 0 0 8 63 0 0 419 -419 8 64 154 139 327 -189 8 65 58 52 0 52 8 304 175 158 49 109 8 305 283 255 0 255 8 306 1,026 923 488 435 8 307 507 456 0 456 8 308 1,110 999 140 859 8 310 0 0 9 -9 8 311 0 0 83 -83 8 312 392 353 0 353 8 313 302 272 0 272 8 314 265 239 41 197 8 499 0 0 97 -97 8 699 110 99 0 99 8 799 160 1 144 1 0 1 144 Elmwood Terrace 4,820 4,338 1,653 2,685 9 1 422 380 0 380 9 2 417 375 0 375 9 21 22 20 54 -34 9 24 320 288 0 288 9 25 0 0 0 0 9 26 710 639 39 600 9 42 208 187 200 -12 9 57 80 72 0 72 9 160 4 4 93 -89 9 161 10 9 0 9 9 162 653 588 500 88 9 163 24 22 0 22 9 164 10 9 77 -68 9 165 55 50 67 -17 9 166 0 0 0 0 9 167 32 29 12 17 9 168 38 34 48 -14 9 169 14 13 2 10 9 170 54 49 0 49 9 225 1 0 0 0 1 0 3,073 2,766 1,091 1 1,675 TOTAL 29,065 26,159 22,735 1 3,424 Summary of Appendix D: District Name System Wide Parking Supply Practical Capacity Land Use Demand Surplus/ Deficit Main - Tupper 1,683 1,515 1,038 476 Theater District 2,939 2,645 1,808 837 Main - Genesee 3,461 3,115 3,366 -251 Government Office 2,405 2,165 4,615 -2,450 Elm -Oak Corridor 3,175 2,858 1,181 1,676 Retail Core 4,405 3,965 3,543 422 Office District 3,104 2,794 4,440 -1,646 HSBC Arena 4,820 4,338 1,653 2,685 Elmwood Terrace 3,073 2,766 1,091 1,675 Totals 1 29,065 1 26,159 1 22,735 1 3,424 City of Buffalo Parking Needs Assessment DESMAN ASSOCIATES Appendix E.• Existing and Future Surplus/Deficit Conditions City of Buffalo Parking Needs Assessment Block Total Public Practical Peak Existing Development Future Main - Tupper Code Parking Supply Capacity Occupancy Surplus/Deficit Impact Surplus/Deficit 1 140 32 29 10 19 0 19 1 141 31 28 10 18 0 18 1 142 181 163 110 53 -30 23 1 143 88 79 45 34 0 34 1 144 40 36 15 21 -45 -24 1 145 25 23 12 11 23 33 1 146 30 27 24 3 0 3 1 147 34 31 9 22 0 22 Theatre 461 415 235 180 -52 128 2 129 88 79 61 18 -71 -53 2 130 45 41 40 1 0 1 2 131 42 38 36 2 0 2 2 132 20 18 16 2 -29 -27 2 133 166 149 142 7 -44 -37 2 134 602 542 385 157 0 157 2 135 153 138 83 55 -182 -127 2 136 184 166 89 77 0 77 2 137 3 3 1 2 0 2 2 138 30 27 30 -3 0 -3 2 139 16 14 6 1 8 0 8 Main - Genesee 1,349 1,214 889 325 326 -1 3 104 7 6 14 -8 0 -8 3 110 18 16 8 8 -36 -28 3 113 31 28 8 20 0 20 3 114 739 665 663 2 0 2 3 115 95 86 71 15 -5 10 3 116 6 5 17 -12 0 -12 3 117 203 183 149 34 0 34 3 123 1,384 1,246 1,239 7 0 7 3 124 272 245 232 13 0 13 3 125 16 14 7 7 0 7 3 126 30 27 14 13 0 13 3 127 123 111 105 6 0 6 3 128 138 124 95 1 29 0 1 29 Gov't Office 3,062 2,756 2,622 134 -41 93 4 3 15 14 13 1 0 1 4 5 0 0 0 0 0 0 4 18 15 14 2 12 0 12 4 19 30 27 22 5 0 5 4 20 803 723 809 -86 0 -86 4 22 0 0 0 0 0 0 4 23 37 33 33 0 0 0 4 101 145 131 101 30 -802 -773 4 102 39 35 35 0 0 0 4 103 10 9 10 -1 0 -1 4 118 313 282 201 81 0 81 4 119 164 148 159 -11 -109 -120 4 120 0 0 0 0 0 0 4 121 38 34 14 20 0 20 4 122 381 343 325 1 18 0 18 1,990 1,791 1,724 67 -911 -844 City of Buffalo Parking Needs Assessment A S S O C I A T F S DESMAN Appendix E (Continued): City of Buffalo Parking Needs Assessment Block Total Public Practical Peak Existing Development Future Elm -Oak Code Parking Supply Capacity Occupancy Surplus/Deficit Impact Surplus/Deficit 5 11 46 41 5 36 0 36 5 12 43 39 34 5 0 5 5 13 25 23 10 13 0 13 5 14 30 27 12 15 230 245 5 34 8 7 2 5 -100 -95 5 35 39 35 23 12 -270 -258 5 36 206 185 182 3 0 3 5 37 0 0 0 0 0 0 5 49 200 180 0 180 0 180 5 50 282 254 187 67 0 67 5 51 22 20 0 20 0 20 5 52 160 144 is 129 0 129 5 148 153 138 121 17 0 17 5 149 14 13 11 2 0 2 5 150 10 9 5 4 0 4 5 151 0 0 0 0 0 0 5 152 0 0 0 0 0 0 5 153 250 225 0 225 0 225 5 154 13 12 0 12 0 12 5 155 7 6 0 6 0 6 5 156 33 30 25 5 0 5 5 157 106 95 88 7 0 7 5 158 20 18 7 11 0 11 5 1 159 23 1 21 1 18 1 3 1 0 1 3 Retail Core 1,690 1,521 745 776 -140 636 6 6 1,338 1,204 1,282 -78 -661 -738 6 7 1,029 926 955 -29 0 -29 6 8 22 20 3 17 0 17 6 9 10 9 4 5 -30 -25 6 10 387 348 273 75 83 158 6 15 7 6 3 3 0 3 6 16 1,175 1,058 1,103 -46 0 -46 6 17 0 0 0 0 0 0 6 31 0 0 0 0 0 0 6 32 5 5 1 4 0 4 6 33 7 6 1 5 0 5 6 105 27 24 16 8 -99 -91 6 106 6 5 4 l 0 1 6 107 0 0 0 0 0 0 6 108 18 16 13 3 0 3 6 109 5 5 2 3 0 3 6 111 252 227 168 59 0 59 6 1 112 15 14 11 3 0 1 3 Office 4,303 3,873 3,839 34 -707 -674 7 28 145 131 133 -3 0 -3 7 29 17 15 26 -11 0 -11 7 30 14 13 15 -2 0 -2 7 38 6 5 3 2 0 2 7 39 269 242 249 -7 0 -7 7 40 6 5 1 4 0 4 7 41 5 5 3 2 0 2 7 43 62 56 42 14 0 14 7 44 131 118 103 15 0 15 7 45 380 342 351 -9 0 -9 7 46 130 117 125 -8 0 -8 7 53 981 883 925 -42 0 -42 7 56 435 392 397 -6 0 -6 7 399 473 426 452 -26 0 -26 3,054 2,749 2,825 - 7 6 1 0 -76 City of Buffalo Parking Needs Assessment A S S O C I A T E S DESMAN Appendix E (Continued): Summary of Appendix E: District Block Total Public Practical Peak Existing Development Future HSBC Arena Code Parking Supply Capacity Occupancy Surplus/Deficit Impact Surplus /Deficit 8 58 193 174 188 -14 6 -14 8 59 0 0 0 0 0 0 8 60 55 50 0 50 0 50 8 61 30 27 82 -55 0 -55 8 62 0 0 0 0 0 0 8 63 0 0 0 0 0 0 8 64 0 0 0 0 1,125 1,125 8 65 58 52 0 52 -463 -411 8 304 175 158 97 61 -30 31 8 305 283 255 278 -23 274 251 8 306 32 29 0 29 0 29 8 307 507 456 409 47 0 47 8 308 1,110 999 650 349 0 349 8 310 0 0 651 -651 0 -651 8 311 0 0 1 -1 -41 -42 8 312 18 16 0 16 0 16 8 313 31 28 13 15 0 15 8 314 0 0 19 -19 0 -19 8 499 0 0 0 0 0 0 8 699 110 99 65 34 0 34 8 799 0 0 66 1 -66 1 0 -66 Elmwood Terrace 2,602 1 2,342 2,519 -177 865 688 9 1 422 380 288 92 0 92 9 2 417 375 395 -20 0 -20 9 21 22 20 36 -16 0 -16 9 24 320 288 248 40 0 40 9 25 0 0 0 0 0 0 9 26 710 639 0 639 0 639 9 42 8 7 0 7 0 7 9 57 80 72 48 24 0 24 9 160 4 4 0 4 0 4 9 161 10 9 0 9 0 9 9 162 593 534 0 534 0 534 9 163 24 22 12 10 0 10 9 164 10 9 4 5 0 5 9 165 55 50 15 35 0 35 9 166 0 0 11 -11 0 -I1 9 167 32 29 0 29 0 29 9 168 38 34 0 34 0 34 9 169 14 13 0 13 0 13 9 170 54 49 4 45 0 45 9 1 225 1 0 1 0 1 0 0 400 400 2,813 2,532 1 1,061 1 1,471 400 1,871 TOTAL I - -- 1 21,324 19,192 16,459 1 2,733 1 -912 1,821 Summary of Appendix E: District Total Public Parking Supply Practical Capacity Peak Occupancy Existing Surplus /Deficit Development Impact Future Surplus/Deficit Main- Tupper 461 415 235 180 -52 128 Theatre 1,349 1,214 889 325 -326 -1 Main - Genesee 3,062 2,756 2,622 134 -41 93 Gov't Office 1,990 1,791 1,724 67 -911 -844 Elm -Oak 1,690 1,521 745 776 -140 636 Retail Core 4,303 3,873 3,839 34 -707 -674 Office 3,054 2,749 2,825 -76 0 -76 HSBC Arena 2,602 2,342 2,519 -177 865 688 Elmwood Terrace 2,813 2,532 1,061 1,471 400 1,871 Total 21,324 19,192 16,459 2,733 -912 1,821 City of Buffalo Parking Needs Assessment E _. . Appendix F: Future Surplus/Deficit Conditions under the Conservative (2 %) Growth for Office Absorption City of Buffalo Parking Needs Assessment Total Public Peak Development Conservative Future Block Parking Supply Occupancy Impact Demand Surplus/Deficit Main - Tupper Code Col. A Cot. B Col. C Col. D (Col. A *.90% -B +C -D 1 140 32 10 0 2 16 1 141 31 10 0 1 142 181 110 -30 1 143 88 45 0 1 33 1 144 40 15 -45 1 145 25 12 23 1 146 30 24 0 1 147 34 9 0 6 15 Theatre 461 235 -52 10 118 2 129 88 61 -71 2 130 45 40 0 2 131 42 36 0 2 132 20 16 -29 2 -29 2 133 166 142 -44 3 -40 2 134 602 385 0 2 135 153 83 -182 1 -128 2 136 184 89 0 2 137 3 1 0 2 138 30 30 0 2 139 16 6 0 1 7 Main- Genesee 1,349 889 -326 7 -8 3 104 7 14 0 3 110 18 8 -36 3 113 31 8 0 3 114 739 663 0 3 115 95 71 -5 3 116 6 17 0 3 117 203 149 0 6 28 3 123 1,384 1,239 0 2 5 3 124 272 232 0 6 7 3 125 16 7 0 3 126 30 14 0 6 7 3 127 123 105 0 3 128 138 95 0 Gov't Office 3,062 2,622 -41 20 73 4 3 15 13 0 4 5 0 0 0 4 18 15 2 0 4 19 30 22 0 1 4 4 20 803 809 0 4 22 0 0 0 4 23 37 33 0 4 101 145 101 -802 4 102 39 35 0 4 103 10 10 0 4 118 313 201 0 3 78 4 119 164 159 -109 4 120 0 0 0 4 121 38 14 0 4 122 381 325 0 1,990 1,724 -911 4 -848 City of Buffalo Parking Needs Assessment DESMAN Appendix F: (Continued) City of Buffalo Parking Needs Assessment Total Public Peak Development Conservative Future Block Parking Supply Occupancy Impact Demand Surplus/Deficit Elm -Oak Code Col. A Col. B Col. C Col. D (Col. A - .90%) -B +C•D 5 11 46 5 0 5 12 43 34 0 5 13 25 10 0 5 14 30 12 230 5 34 8 2 -100 5 35 39 23 -270 5 36 206 182 0 5 37 0 0 0 5 49 200 0 0 5 50 282 187 0 5 51 22 0 0 5 15 5 52 160 15 0 5 148 153 121 0 5 149 14 11 0 5 150 10 5 0 2 2 5 151 0 0 0 1 -1 5 152 0 0 0 5 153 250 0 0 5 154 13 0 0 5 155 7 0 0 5 156 33 25 0 5 157 106 88 0 5 158 20 7 0 5 1 159 23 1 18 1 0 Retail Core 1,690 745 -140 8 628 6 6 1,338 1,282 -661 6 7 1,029 955 0 39 -68 6 8 22 3 0 1 16 6 9 10 4 -30 6 10 387 273 83 6 15 7 3 0 6 16 1,175 1,103 0 6 17 0 0 0 6 31 0 0 0 6 32 5 1 0 6 33 7 1 0 6 105 27 16 -99 6 -97 6 106 6 4 0 6 107 0 0 0 6 108 18 13 0 6 109 5 2 0 6 111 252 168 0 6 112 15 11 0 16 -14 Office 4,303 3,839 -707 63 -736 7 28 145 133 0 7 29 17 26 0 7 30 14 15 0 7 38 6 3 0 7 39 269 249 0 7 40 6 1 0 7 41 5 3 0 7 43 62 42 0 7 44 131 103 0 7 45 380 351 0 7 46 130 125 0 13 -21 7 53 981 925 0 7 56 435 397 0 7 399 473 452 1 0 3,054 2,825 1 0 13 -89 City of Buffalo Parking Needs Assessment A S S O C I A T L S DESMAN Appendix F: (Continued) Summary of Appendix F: Total Public Peak Development Conservative Future Block Parking Supply Occupancy Impact Demand Surplus/Deficit HSBC Arena Code Col. A Col. & Col. C Col. D (Cal. A *.90 %) -B +C -D 8 58 193 188 0 2,622 -41 8 59 0 0 0 -911 4 8 60 55 0 0 8 628 8 61 30 82 0 -736 Office 8 62 0 0 0 HSBC Arena 2,602 8 63 0 0 0 2,813 1,061 8 64 0 0 1,125 16,459 -912 8 65 58 0 -463 8 304 175 97 -30 8 305 283 278 274 8 306 32 0 0 8 307 507 409 0 8 308 1,110 650 0 8 310 0 651 0 8 311 0 1 -41 8 312 18 0 0 8 313 31 13 0 8 314 0 19 0 8 499 0 0 0 8 699 110 65 0 8 1 799 0 66 0 Elmwood Terrace 2,602 2,519 865 0 688 9 1 422 288 0 9 2 417 395 0 9 21 22 36 0 9 24 320 248 0 9 25 0 0 0 9 26 710 0 0 9 42 8 0 0 9 57 80 48 0 9 160 4 0 0 9 161 10 0 0 9 162 593 0 0 9 163 24 12 0 9 164 10 4 0 1 4 9 165 55 15 0 9 166 0 11 0 9 167 32 0 0 9 168 38 0 0 9 169 14 0 0 9 170 54 4 0 9 225 0 0 400 2,813 1,061 400 1 1,870 TOTAh - 21,324 16,459 - 912 126 1,695 Summary of Appendix F: Conservative Future Total Public Peak Development Demand Surplus/Deficit District Parking Supply Occupancy Impact Col. D (Col. A •.90/) -B +C -D Main - Tupper 461 235 -52 10 118 Theatre 1,349 889 -326 7 -8 Main - Genesee 3,062 2,622 -41 20 73 Gov't Office 1,990 1,724 -911 4 -848 Elm -Oak 1,690 745 -140 8 628 Retail Core 4,303 3,839 -707 63 -736 Office 3,054 2,825 0 13 -89 HSBC Arena 2,602 2,519 865 0 688 Elmwood Terrace 2,813 1,061 400 1 1,870 Total 21,324 16,459 -912 126 1,695 City of Buffalo Parking Needs Assessment DESMAN A S S (l C 1 .�A T 11 S Appendix G: Future Surplus/Deficit Conditions under the Moderate (10 %) Growth for Office Absorption City of Buffalo Parking Needs Assessment Total Public Peak Development Moderate Future Block Parking Supply Occupancy Impact Demand Surplus /Deficit Main - Tupper Code Col. A Col, B Col. C Col. D (Col. A *.90 %) +C - D 1 140 32 10 0 12 7 1 141 31 10 0 1 142 181 110 -30 1 143 88 45 0 6 28 1 144 40 15 -45 1 145 25 12 23 1 146 30 24 0 1 147 34 9 0 32 -10 Theatre 461 235 'S2 50 78 2 129 88 61 -71 2 130 45 40 0 2 131 42 36 0 2 132 20 16 -29 10 -36 2 133 166 142 -44 15 -52 2 134 602 385 0 2 135 153 83 -182 5 -132 2 136 184 89 0 2 137 3 1 0 2 138 30 30 0 2 139 16 6 0 4 4 Main - Genesee 1,349 889 -326 34 -35 3 104 7 14 0 3 110 18 8 -36 3 113 31 8 0 3 114 739 663 0 3 115 95 71 -5 3 116 6 17 0 3 117 203 149 0 20 13 3 123 1,384 1,239 0 9 -2 3 124 272 232 0 6 7 3 125 16 7 0 3 126 30 14 0 29 -16 3 127 123 105 0 3 128 138 95 0 Gov't Office 3,062 2,622 -41 65 28 4 3 15 13 0 4 5 0 0 0 4 18 15 2 0 4 19 30 22 0 2 3 4 20 803 809 0 4 22 0 0 0 4 23 37 33 0 4 101 145 101 -802 4 102 39 35 0 4 103 10 10 0 4 118 313 201 0 16 65 4 119 164 159 -109 4 120 0 0 0 4 121 38 14 0 4 122 381 325 0 1,990 1,724 -911 18 -861 City of Buffalo Parking Needs Assessment DESMAN ASSOCIATFS Appendix G: (Continued) City of Buffalo Parking Needs Assessment Total Public Peak Development Moderate Future Block Parking Supply Occupancy Impact Demand Surplus/Deficit Elm -Oak Code Cot. A Col, B Col. C Col. D (Col. A *.90 %) -B +C -D 5 11 46 5 0 5 12 43 34 0 5 13 25 10 0 5 14 30 12 230 5 34 8 2 -100 5 35 39 23 -270 5 36 206 182 0 5 37 0 0 0 5 49 200 0 0 5 50 282 187 0 5 51 22 0 0 23 -3 5 52 160 15 0 5 148 153 121 0 5 149 14 11 0 5 150 10 5 0 12 -8 5 151 0 0 0 3 -3 5 152 0 0 0 5 153 250 0 0 5 154 13 0 0 5 155 7 0 0 5 156 33 25 0 5 157 106 88 0 5 158 20 7 0 5 1 159 1 23 1 18 0 Retail Core 1,690 745 -140 38 598 6 6 1,338 1,282 -661 6 7 1,029 955 0 196 -225 6 8 22 3 0 1 16 6 9 10 4 -30 6 10 387 273 83 6 15 7 3 0 6 16 1,175 1,103 0 6 17 0 0 0 6 31 0 0 0 6 32 5 1 0 6 33 7 1 0 6 105 27 16 -99 31 -122 6 106 6 4 0 6 107 0 0 0 6 108 18 13 0 6 109 5 2 0 6 111 252 168 0 6 1 112 15 11 0 L 61 -58 Office 1 4,303 3,839 1 -707 289 -963 7 28 145 133 0 7 29 17 26 0 7 30 14 15 0 7 38 6 3 0 7 39 269 249 0 7 40 6 1 0 7 41 5 3 0 7 43 62 42 0 7 44 131 103 0 7 45 380 351 0 7 46 130 125 0 65 -73 7 53 981 925 0 7 56 435 397 0 7 1 399 1 473 452 0 3,054 2,825 1 0 65 -141 City of Buffalo Parking Needs Assessment A S S O C I A T L S DESMAN Annendix G: (Continued) Summary of Appendix G: Total Public Peak Development Moderate Future Block Parking Supply Occupancy Impact Demand Surplus/Deficit HSBC Arena Code Col. A Col, B Col. C Col. D (Col. A'.90o/) -B +C -D 8 58 193 188 0 1,990 1,724 8 59 0 0 0 745 -140 8 60 55 0 0 -707 289 8 61 30 82 0 65 -141 8 62 0 0 0 688 Elmwood Terrace 8 63 0 0 0 Total 21,324 8 64 0 0 1,125 Needs Assessment 8 65 58 0 -463 8 304 175 97 -30 8 305 283 278 274 8 306 32 0 0 8 307 507 409 0 8 308 1,110 650 0 8 310 0 651 0 8 311 0 1 -41 8 312 18 0 0 8 313 31 13 0 8 314 0 19 0 8 499 0 0 0 8 699 110 65 0 8 1 799 0 66 0 Elmwood Terrace 2,602 2,519 1 865 0 688 9 1 422 288 0 9 2 417 395 0 9 21 22 36 0 9 24 320 248 0 9 25 0 0 0 9 26 710 0 0 9 42 8 0 0 9 57 80 48 0 9 160 4 0 0 9 161 10 0 0 9 162 593 0 0 9 163 24 12 0 9 164 10 4 0 5 0 9 165 55 15 0 9 166 0 11 0 9 167 32 0 0 9 168 38 0 0 9 169 14 0 0 9 170 54 4 0 9 225 0 0 400 2,813 1,061 400 5 1,866 TOTAL -- 1 21,324 16,459 -912 563 1,257 Summary of Appendix G: Moderate Future Total Public Peak Development Demand Surplus /Deficit District Parking Supply Occupancy Impact Col. D (Col. A *.90 %) -B +C -D Main - Tupper 461 235 -52 50 78 Theatre 1,349 889 -326 34 -35 Main - Genesee 3,062 2,622 -41 65 28 Gov't Office 1,990 1,724 -911 l8 -861 Elm -Oak 1,690 745 -140 38 598 Retail Core 4,303 3,839 -707 289 -963 Office 3,054 2,825 0 65 -141 HSBC Arena 2,602 2,519 865 0 688 Elmwood Terrace 2,813 1 1,061 400 1 5 1 1,866 Total 21,324 16,459 -912 5 6 3 1 1,257 ffnln Parking Needs Assessment DESMAN A S S 0 C l A T I! S Appendix H: Future Surplus /Delicit Uona>itnous unaer the Aggressive ILu ro) kiruwlu fur v11mv tiusu111uu Total Public Peak Development Aggressive Future Block Parking Supply Occupancy Impact Demand Surplus/Deficit Main- Tupper Code Col. A Col. B Col. C Col. D (Col. A x`.90 %) -B +C -D 1 140 32 10 0 23 -4 1 141 31 10 0 1 142 181 110 -30 1 143 88 45 0 13 22 1 144 40 15 -45 1 145 25 12 23 1 146 30 24 0 1 147 34 9 0 63 -41 "Theatre 461 235 -52 99 29 2 129 88 61 -71 2 130 45 40 0 2 131 42 36 0 2 132 20 16 -29 18 -45 2 133 166 142 -44 30 -67 2 134 602 385 0 2 135 153 83 -182 9 -137 2 136 184 89 0 2 137 3 1 0 2 138 30 30 0 2 139 16 6 0 4 4 Main - Genesee 1,349 889 -326 62 -63 3 104 7 14 0 3 110 18 8 -36 3 113 31 8 0 3 114 739 663 0 3 115 95 71 -5 3 116 6 17 0 3 117 203 149 0 20 13 3 123 1,384 1,239 0 18 -11 3 124 272 232 0 6 7 3 125 16 7 0 3 126 30 14 0 59 -46 3 127 123 105 0 3 128 138 95 1 0 Gov't Office 3,062 2,622 -41 103 -10 4 3 15 13 0 4 5 0 0 0 4 18 15 2 0 4 19 30 22 0 2 3 4 20 803 809 0 4 22 0 0 0 4 23 37 33 0 4 101 145 101 -802 4 102 39 35 0 4 103 10 10 0 4 118 313 201 0 32 49 4 119 164 159 -109 4 120 0 0 0 4 121 38 14 0 4 1 122 381 325 0 1,990 1,724 -911 33 -877 City of Buffalo Parking Needs Assessment DESMAN Appendix H. (Continued) City of Buffalo Parking Needs Assessment Total Public Peak Development Aggressive Future Block Parking Supply Occupancy Impact Demand Surplus/Deficit Elm -Oak Code Col. A Col. B Col. C Col. D (Col. A - .90 %) -B +C -D 5 11 46 5 0 5 12 43 34 0 5 13 25 10 0 5 14 30 12 230 5 34 8 2 -100 5 35 39 23 -270 5 36 206 182 0 5 37 0 0 0 5 49 200 0 0 5 50 282 187 0 5 51 22 0 0 46 -27 5 52 160 15 0 5 148 153 121 0 5 149 14 11 0 5 150 10 5 0 16 -12 5 151 0 0 0 5 -5 5 152 0 0 0 5 153 250 0 0 5 154 13 0 0 5 155 7 0 0 5 156 33 25 0 5 157 106 88 0 5 158 20 7 0 5 1 159 23 18 0 Retail Core 1,690 745 -140 68 568 6 6 1,338 1,282 -661 6 7 1,029 955 0 320 -349 6 8 22 3 0 1 16 6 9 10 4 -30 6 10 387 273 83 6 15 7 3 0 6 16 1,175 1,103 0 6 17 0 0 0 6 31 0 0 0 6 32 5 1 0 6 33 7 1 0 6 105 27 16 -99 53 -144 6 106 6 4 0 6 107 0 0 0 6 108 18 13 0 6 109 5 2 0 6 111 252 168 0 6 1 112 15 11 0 106 -103 Office 4,303 3,839 -707 479 -1,153 7 28 145 133 0 7 29 17 26 0 7 30 14 15 0 7 38 6 3 0 7 39 269 249 0 7 40 6 1 0 7 41 5 3 0 7 43 62 42 0 7 44 131 103 0 7 45 380 351 0 7 46 130 125 0 130 -138 7 53 981 925 0 7 56 435 397 0 7 1 399 1 473 452 0 3,054 2,825 0 130 -206 City of Buffalo Parking Needs Assessment A S S O C I A T L S DESMAN Appendix H: (Continued) Summary of Appendix H. Total Public Peak Development Aggressive Future Block Parking Supply Occupancy Impact Demand Sorplus/Dericit HSBC Arena Code Col, A Col. B Col, C Col, D (Col. A *.90 %) -B+C -D 8 58 193 188 0 1,990 1,724 8 59 0 0 0 745 -140 8 60 55 0 0 -707 479 8 61 30 82 0 130 -206 8 62 0 0 0 688 Elmwood Terrace 8 63 0 0 0 Total 21,324 8 64 0 0 1,125 Needs Assessment 8 65 58 0 -463 8 304 175 97 -30 8 305 283 278 274 8 306 32 0 0 8 307 507 409 0 8 308 1,110 650 0 8 310 0 651 0 8 311 0 1 -41 8 312 18 0 0 8 313 31 13 0 8 314 0 19 0 8 499 0 0 0 8 699 110 65 0 8 1 799 0 66 0 Elmwood Terrace 2,602 2,519 865 0 688 9 1 422 288 0 9 2 417 395 0 9 21 22 36 0 9 24 320 248 0 9 25 0 0 0 9 26 710 0 0 9 42 8 0 0 9 57 80 48 0 9 160 4 0 0 9 161 10 0 0 9 162 593 0 0 9 163 24 12 0 9 164 10 4 0 5 0 9 165 55 15 0 9 166 0 11 0 9 167 32 0 0 9 168 38 0 0 9 169 14 0 0 9 170 54 4 0 9 225 0 0 400 2,813 1,061 400 5 1,866 ToTAi 21 324 16,459 -912 1 979 842 Summary of Appendix H. Aggressive Future Total Public Peak Development Demand Surplus/Deficit District Parking Supply Occupancy Impact Cot. D (Col. A *.90'/o)-B +C -D Main - Tupper 461 235 -52 99 29 Theatre 1,349 889 -326 62 -63 Main - Genesee 3,062 2,622 -41 103 -10 Gov't Office 1,990 1,724 -911 33 -877 Elm -Oak 1,690 745 -140 68 568 Retail Core 4,303 3,839 -707 479 -1,153 Office 3,054 2,825 0 130 -206 HSBC Arena 2,602 2,519 865 0 688 Elmwood Terrace 2,813 1 1,061 400 5 1,866 Total 21,324 16,459 -912 979 842 ty of Buffalo Parking Needs Assessment c Lance Woods rAfk m pc-.-/ 141 East Amherst St. Apt# e- 20 /P.O. Box 333 Buffalo, N.Y. 14215 December, 05/2006 City Clerk's Office 1308 City Hall Buffalo, NY 14202 Attn: Clerk's Office I, Lance Woods, would like to express my interest in requesting appointment to the "Masten District" Council member vacancy. I have been a resident of the city of buffalo, all my life. In the past I have been a democratic committee men twice. Also, I have worked, affiliated with ex- council member Charlie Fisher the 3 " I have an A.A.S. degree in recreation leadership. I am an effective problem- solver. Currently, I work with juveniles at a Non - secure Boarding facility, Refuge Temple which required excellent communication skills, understanding people and patience. I would welcome the opportunity to assist the community /district I would serve without bias or prejudice. I will use my experiences with the public in the effort of improving the quality of life within the community. Enclosed is my resume, which outlines my experiences and training to date. I would welcome an opportunity to discuss career possibilities and my qualifications in a personal interview. Sincerely, Lance Woods 4 /OWV RE€� TO THE COINMiTTEE OF HE WHO l� � Lance Woods 141 East Amherst St. Apt# E- 20 /P.O. Box 333 Buffalo, N.Y. 14215 OBJECTIVE: To secure a professional position in the Human Service, Public Safety field which I will utilize my training & experience SUMMARY OF SKILLS: COMPUTER SKILLS: Excellent communication skills HIV /Aids & Crisis Intervention training First Aid Certified Youth Restraint & Child Abuse training Incident Report Writing/Mandated Reporter Community Policing Course Basic Knowledge of computer operations(windows 95/98) EMPLOYMENT RECORD: 10/03 - 5/04 Erie County Detention Facility, 810 E. Ferry St. Buffalo, N.Y. 14209 Detention Security Guard(part- time /provisional) Report writing/ 2 -way radio communication/monitoring youth activities Ensure visiting public and facility employees safety by means of camera, etc., 6/01- present Citadel Of Hope /Refuge, 420 Carlton Ave. Buffalo, N.Y. 14211 Non- secure youth detention(full- time /Program Aid) Counselor, Advocate, Report writing, Maintain safety, security of remanded youth 10/99 -2/01 Board Of Election, 134 W. Eagle St. Buffalo, N.Y. 14202 Election Clerk(part- time /provisional) Voter signature scanning, Mail pick -up, Stocking supplies 12/98 -4/99 Erie County Heap, 95 Franklin St. Buffalo, N.Y. 14202 Energy Crisis Worker (part- time /seasonal) Calculate household census, Senior Citizens /SSI Income documents for gas & electric eligibility assistance EDUCATION: Erie Community College, 121 Ellicott St.,Buffalo, N.Y. 14203 A.A.S. Recreation 49 PETITIONS C. McCaffrey, Agent, Use 700 Michigan- Ground Sign -(Ell) (Name of Agent, Owner) (Address) - (Project) (Phone #434 -0167) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. tAA - L s, 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 AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851 -5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. j ciq af Nuffalo SIGNS Building Application 65 N'agara Square !. Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Repo D ate 1 2/12/2006 03:5 PM Subm itted By JAMES CARR Page 1 A/P # 100660 Stapes -- – — Date / Time By Date / Time By Processed 12/12/2006 15:53 CARRJ Temp COO Issued COO Fin Expires A dated Information V I uati Type of Work # Plans 0 Declared Valuation 6290.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name Desription of Work _ — INFORMAL PLANS FILED A GROUND SIGN, 48" WIDE X 68" HIGH, ON A 30' PEDISTAL, ILLUMINATED, TO READ "WESTERN NEW YORK MEDICAL ARTS CENTER" CC APPROVAL REQUIRED, SECTION 387 -19 — NO PUBLIC HEARING, NO FEE REQUIRED — ZONED CM, ELLICOTT DISTRICT, BRIAN C DAVIS Parent )VP # Project # Project/Phase Name Phase # Si ze / Area Size Description Property/Site Information Address 700 MICHIGAN 14203 - Location Owner/Tenarit Contact ID AC 1219931 Name BUFFALO URBAN RENEWAL AGENCY Mailing Address 319 CITY HALL Organization City BUFFALO State/Province NEW YORK zip /PC 14202 Country UNITED STATES Day Phone Evening Phone Fax Mobile # Linked Addresses No Addresses are lin ked to this Application A/P' Linked addresses = No Addresses a r e li to this Applic Linked Pardels 11139000030 A/P Linked Parcels ' No Parcels are linked to this Application E) Foreign City of Buffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851- 5472 Report Date 1 2/12/ 2 006 03:54 PM Submitted By JA CA Page 3 INE, MATCH 63.0'1 I lYP.'v )F PVMT. –� 1 0 6 "0 PIPE 03 q m BOLLARD °o N m O ®. 3 N Q �" m l _ 9.0' 0 207.0' TYP. i 6 36.0 m 23 - -/�� c 0 4 ,fin ,1 • 18.0' m d� 3 0) R EX. 9.0' 99.0' ^ N n r. 17.80' EQUIPMENT P. p v ` r.. 2 BLDG. > X 26 5'X5' WALL 3 0 15 Q 4 � ry0, / CENTER 3 2 1 3 ON DOOR T APPROX. 5,0 45 ' y�O A LOCATION 8.55 3 1> OF NEW I6 FENCE 2 1 0'.• 0 9 p, S ?0, 94.80' 2 - i D' 1 Ty 4 p, —6'-0" HIGH DEC ATIVE o TYP. F 2 g -� //_>° NEW 12'X 12'SHED. METAL FENCE & 5' "WIDE LO OF4 2 5 / 6 " EXACT SHED & LOCATION LOCKABLE GATE. a' 7 2� 5 1 t\ ✓ }� TO BE COORDINATED STYLE &COLOR TO BE �O• WITH OWNER SELECTED BY OWN ER 240', i i t 5 6 . 0 ' 9.05' 0 3 ' 2 SS m O Rg, < r > ` 9.05' — 63.0' PROPOSED u 2 PROPOSED vx MEDICAL WNY MEDICAL 3 ° 1 BUILDING O ARTS BUILDING 6 TYP. 4 �p 8.55 2 STORY O m SINGLE STORY 2 a .) o, 10 a In 17.0' (PHASE TWO) (PHASE ONE) R5' till 2 - (21 .204 Sq. FT.) (9,802 Sq. Fr.) 4 9.0' \ _ 1 b TYP. O 10.0' of \ \ 55 5' WIDE TYP. 3 5' WIDE 3 5.0' O7 4 ro O 6 9a j - 6' -0" HIGH DECORATIVE METAL FENCE & 5 WIDE m 24.0' 9.0' TYP. 135.0' LOCKABLE GATE. 3 2 10.0' 3 6 TYP. TYP. \ / ° STYLE & COLOR To BE LIMITS OF - -�4 \ SELECTED BY OWNER NEW SIDEWALK 240' 90' OF2 153.0' \ GROUND' (2) 7" RISER \ \ SIGN ��.._� R6' \ 07 " RIS RS 63.0' 1 B i 3 0 TYP. b 5.0' o �t _ ,.... 2 5 5 .... 24.0' ? 3 \ " LIMITSOF CONCRETE SIDEWALK � \ — I N Typ, CONCRETE SIDEWALK NOTE: E) EW SIDEWALK PER CITY STANDARDS ��f\ � � PER CITY STAN _ BBOKENL w vee ® s a�rmcwc �, -Qi M PER -aTY- J I W. Shylo, Owner, Use 356 Hertel -Pole Sign- (North) (Name of Agent, Owner) (Address) - (Project) (Phone # The attached is for Common Council Approval; but per Permits, no public hearing is required. J) t: City of Buffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Repo Date 12/06/2006 03:02 PM Submitted By J AMES CARR Page 1 A/P # 100418 Stages - Date / Time By Date 1 Time By Processed 12/06/2006 15:01 CARRJ Temp COO Issued COO Final Expires City of Buffalo SIGNS Building Application 65 Niagara Square tA Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 12/06/2006 03:02 PM Submitted By JAMES CARR Page 3 No Employee Entries No Log Entries IM d w ' 50;99 � +w 3 N a� 8p f� ww ioAnmywr�r i Y a �� an N►syN �.n/7 • :s AHONno.4 �. xo cEpa ..�. � ir►s eti+ NK . -�� I i7LY7iiMi. _��\ f'.I 11YIfit7RwO11 m+rQnr nur i a z s3UOV +518'Z V38V SL' E xxm 7L3pIW bacO.w. �M -p K tP .a bufip.. / �•�/� „/� 7� al [fi 1 ra � 6 ��b 4 fMOI i7° AblfW a" OM!!M !0 lilt * S' 7 / : , X9 L X 7/,,77 • %vwf4& S 'L wrimor %"mum won 3HC11.SQG� VM,ivu OXAMM —_ 1°YfifwlYl.�i�.(N. bXI NA'f •ww..W YyYa_•M YI MwMPw wYw ww...�.yY�.� fwlt� ~w•f �•�� . Y.oi° f�►wplMYl w un°ea • MIY tnww Ye.fronarunss... a a+w�o.wyf..of 7Nf s.sw+iNlurR...sna�a�a..w aw° t7#vt. t afuw 4'tiS'^j 7M♦ IY01MI 74115Otirf'YfflY/ I` Nrr a ran.a. iw a.° az.. iaw •wr w 10�7w1?1ut �r.iwYwtr•.0 �YbN Y.O�OI11.w1tif0M171'It �RYWfNW.? mftna 0 a d w ' 50;99 � +w 3 N a� 8p f� ww ioAnmywr�r i Y a �� an N►syN �.n/7 • :s AHONno.4 �. xo cEpa ..�. � ir►s eti+ NK . -�� I i7LY7iiMi. _��\ f'.I 11YIfit7RwO11 m+rQnr nur i a z s3UOV +518'Z V38V SL' E xxm 7L3pIW bacO.w. �M -p K tP .a bufip.. / �•�/� „/� 7� al [fi 1 ra � 6 ��b 4 fMOI i7° AblfW a" OM!!M !0 lilt * S' 7 / : , X9 L X 7/,,77 Appendix C State Environowntai Quality-Review . SHORT ENVIRONMENTAL ASSESSMENT FORM Far UNt.tSTED AWNS Only, . PART I - f'R"".. MIFQRMATION o be CoMkftd OY t PR wPlAi s nso & PROJECT LOCATiON! TiON sdrinM tnd roaKf lii ciloes, P Ions 4 - r � or Pry mop) � � �� 4. PRECISE LOCA (�� r r- c/ cl e p/ t }� l� 3 5 - <f r6 C `.��ZfF 0 c fw 4 r / II . PRVrWGV p• ,+.+w.• ... Y.- ;........ Y..i , y ...,«�'. .w.Ia: ...N•.. . - ..!•• an,;1.,.• k ern • : n•r : • .•'' ' ' ... ': s. pCR�E.PROJECT BRIEFLY: /� / . 7. AauwNTOF o aa.: Umnd* l Udlt�r • . 14 a L WILL.PROPOSED � 11► WITH OUT ZONING OR OTHER E�OSTN�G LAND USE RESTRICTIONS? C p YM No rNo, a..oaaallb ? �� r/ -- C> - tlSE IN VICINITY OF.PROJECT"d , a ww►Tli PRESENT p i;a,r,w,oi.l p AOrman p P4irWFawNOPm ap*°' p one Di s" i►cfiw�l i�iv�0%vr?� utr Ji�!aRONNt: tote I rr �'t Taw 0y oTl (FEDERAL, STATE OR LOCALP p Yam- IL7�NO . N1/�s, Nit apn�(sj rornr+ and prannN/aPPbv ti. •DOSS ANYASPEOT OF THE ACTIM HAVE A CUrjt& LY VALID PEI6ff 0R APPROVAL?' . 1} ym NY.YA iit�so.nalrtj anrnt rand PM+PP 12 : ABA OF P M*QSED AcfM WILL PERkNI'/APP.**%I•RFAUNtE ICJITION? . 13 y" j' THAT THE v4MwTION PR ABOVE IS TRUE TO T14E 6EST OF W KNOWLEDGE Lo - �� It the action Coastal n is In o m efore prroceedi OVER state a aomPlete the nil with Is assessm - Mr. Bonifacio moved: That the petition of William Shylo for a pole sign at 356 Hertel Ave. is hereby approved. Passed. .. PJS:rmv r- ...,.•,,r., ��� � , , VaN ��vriv� �p O •1N# •1!. #1•fl• #•••f +f • � • � �`� �, ` "'�°� .� The 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 December 26, 2006 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 3 3 COMMITTEES FINANCE, CHAIRMAN BUDGET CLAIMS Re: Frederick Douglass Senior Community Building 180 and 210 Jefferson Avenue Dear Mr. Chwalinski, Please file the attached item for further discussion at the next Common Council session to be held December 26, 2006. Thank you in advance for your assistance in this matter. Sincerely, __. �'D T THE 1`E 0 ®'0.8 Brian C. Davis Ellicott District Councilmember 61 j� t Bcd /il "Communication is the Ivey for a better tomorrow" �. � December 15, 2006 Buffalo Municipal 300 Perry Street Buffalo, New York Dear: B.M.H.A. Housing Authority 14204 We the Tenants of The Frederick Douglass Senior Community, Building 180 and 210 Jefferson Ave. are in desperate need of Protection. We need Security and /or Cameras in our buildings. The front and rear entrances of our buildings are far from safe. Preditors can easily gain entry by coming in behind tenants, or by constantly damaging the door leaving it available to enter at will. Drug users are loitoring our halls, stairways and roof. Area children have also gain entry, playing and yelling on the stairways, elevators, restrooms, and running through the halls. Several of our tenants have experience attempted break -ins. Some apartments have been broken into where food and money has been stolen. This type of behavior is like other areal Classified as Home Invasion. We that live here are elderly and disabled and we need protection. We also want to address the inconvience and dangers of not having access to a emergency telephone on the ground floor or Community Room. A telephone will safely assist us in lockouts, medical emergencies, and dangerous situations. Enclosed please find Tenants petition from 180 and 210 Jefferson Ave. buildings. We humbly request your attention to obtain some type of solution to resolve our problem. Thank You, Concerned Residents Frederick Douglass Seniors 180 and 210 Jefferson Ave. CC: Vanessa Solomon, Housing Mgr. James Pitts, Dir. Norstar Dev. Brian Davis, Councilman FREDRICK DOUGLAS SENIOR CITZENS COMPLEX BUILDING 180 AND 210 JEFFERSON AVENUE PETITION FOR SECURITY AND /OR SURVALENCE CAMERA AND PETITION FOR EMERGENCY TELEPHONE (ON THE GROUND FLOOR OR THE COMMUNITY) (ROOM) 7 5 �( SAL b 1�• f � - 4p, � L 4 i '// � ;)- �a5 � d/ ne �' 23���;T' la `�' Gyp y� 3a. �r �G �� �0.2 FREDRICK DOUGLAS SENIOR CITIZENS COMPLEX BUILDING 180 AND 210 JEFFERSON AVENUE PETITION FOR SECURITY AND/OR SURVALENCE CAMERA UN PETITION FOR EMERGENCY TELEPHONE (ON THE GROUND FLOOR OR THE COMMUNITY ROOM) q z, 17 �� ��r -y '� n� 7-v ,, l 1 1 0 f'sl �Y/ �, j fl`' e OX 6 6r ri C) �1 � Al � ii i ��S ,�s` .0 lG-F2�4�* t (2 �1 {Jx /C t � � li i fu 5 s V ,- 0 � m CIVIL SERVICE (Bonnie E. Russell, Chairperson) Appointment Supervising Auditor (Inter) (Compt) (Item No. 11 -Dec. 12, 2006) That Communication 11, Dec. 12, 2006 be received and filed and the temporary appointment of Elizabeth Mancuso stated above at the intermediate starting salary of $47,456.00 effective on November 6, 2006 is hereby approved. � Recommended by the Committee on Civil Service Chairperson e3 v a � m - IrAl n �D O zz O • • -r Appointment System Administrator (Max) (MIS) (Item No. 14 -Dec. 12, 2006) That Communication 14, Dec. 12, 2006 be received and filed and the provisional appointment of James Seguin stated above at the maximum starting salary of $52,785.00 effective on November 28, 2006 is hereby approved. PASSED Recommended by the Committee on Civil Service - }° Chairperson rrr *1 *1 * �o 0 *1 *1 *1 *1 * 1 *1 * 1 *1 * * 1 * * 1. 1 * 1 * *1 *[. *1 * *1 * * *1. *1 * * * 4 * a 0 a x * *O Appointment Asst. Collection Officer (Prov.) (Inter #3) (AFUI) (Item No. 29 -Dec. 12, 2006) That Communication 29, Dec. 12, 2006 be received and filed and the provisional appointment of Carmen Bryant stated above at the Intermediate starting salary of $35,518.00 effective on December 4, 2006 is hereby approved. PASSED Recommended by the Committee on Civil Service C Chairperson 3 P"rm,,. q v a H yyyv.d ^ s o y. a a x 0 0 101: K 0 x s o a a 0 K x Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.) (#35,12/12) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Civil Servic �� Budget and Personnel Amendment 20- Department of Police 1122 -Fleet Maintenance (Item No. 111, C.C.P., Dec. 12, 2006) That the Budget and Personnel Amendment as contained in Item No. 111, C.C.P., December 12, 2006, be and the same hereby is approved. Passed Recommended by the Committee on Civil Service ; Chairman PJS:rmv t:wp60\mword \rmv \l l I C 12- 12c.doc vo+tw i�/Vrvivr . Did Ifni Iml ;fA , IwI O � o O fl *i * ail f . +i ! •� f • • .f f a • � f f a, a , �, � ��w Budget/Personnel Amendment-Assessment (#92,10/17) That the above item be and the same hereby is received and filed. . * 000 Recommended by the Committee on Civil Service FINANCE (Brian C. Davis, Chairman) -, J/ Knight - Sale /Development -117 & 120 Fenton St. (Lov) (Law) (422,12/12) That the above item be and the same hereby is received and filed. Recommended by the Committee on Finar I Vacant Lots Being Charged a User Fee (Law) ( #26,12/12) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Fins . Vacant Lots Being Charged a User Fee ( #111,10/31) ( #54,12/12) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Finance C B. Davis - Casino Career Training Center (#38,11/28) That the above item be and the same hereby is received and filed. ADOPTED. 4, Recommended by the Committee on Finance (7) t Renew Lease Agree. Betw. COB & Metro. Comm. Dev. Corp. (Delavan Grider Comm. -Comm. Ctr.) Use of 877 E. Delavan (Masten) ( #4, 5/2) (Strat. Plan.) ( #75,7/11) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Finance G. Halsey- Friends to the Elderly, Youth & Family Center - Req. Lease Rev. ( #53,3/21) ( #90,5/16) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Finance J� d J. Knight -Sale /Development -117 & 120 Fenton St. ( #91,9/5) That the above item be and the same hereby is received and filed. ADOPTED. 3 Recommended by the Committee on Finance LEGISLATION (Richard A. Fontana, Chairman) M. Benthin, Petition to Use 242 Hopkins — Erect a Steel Sided Pole Barn to Enclose an Existing Concrete Manufacturing Plant (Item No. 46, C.C.P., Dec. 12, 2006) That after the public hearing before the Committee on Legislation on December 19, 2006, the petition of M. Benthin, agent, for permission to use 242 Hopkins to erect a steel -sided pole barn to enclose an existing concrete manufacturing plant be, and hereby is approved. Passed. Recommended by the Committee on Legislation Chairman PJS:rmv tAwp60 \msword \:rmv \46c 12- 12c.doc ' • s •iau �.rvir.r WWI .•1N* �• •�• •�• +1• •1• s�f Na► s f �� f � O •1 �) • N s . •1 • N a� i � ss •f��+rf• • Xin Yong Yang to Use 2262 Seneca Street - Restaurant (Item No. 48 C.C.P., Dec. 12, 2006) That the petition of Xin Yong Yang, owner, for permission to use 2262 Seneca for a restaurant be, and hereby is approved. Passed. Recommended by the Committee on Legislation Chairman PJS:rmv tAwp60 \msword \:rmv \48c 12- 12c.doc i a N et'' v o+ew !1 !1 ! O +H !1 ! '37 Q ! ! 1 s ! Ordinance Amendment - Chapter 137 — Code Enforcement (Item No. 95, C.C.P., Dec. 12, 2006) That after the hearing before the Committee on Legislation on December 19, 2006, the Ordinance Amendment as contained in Item No. 95, C.C.P., December 12, 2006, be and the same hereby is approved. Passed Recommended by the Committee on Legislation C.-C, V . , Chairman PJS:rmv T:\wp60 \msword\rmv \95c 12- 12c.doc � L a e vurr ' U.n +IlI! O # ! ! # Ordinance Amendment - Chapter 299 — Obscenity (Item No. 96, C.C.P., Dec. 12, 2006) That after the hearing before the Committee on Legislation on December 19, 2006, the Ordinance Amendment as contained in Item No. 96, C.C.P., December 12, 2006, be and the same hereby is approved. Passed Recommended by the Committee on Legislation W Chairman PJS:rmv T:\wp60\msword\rmv\96cl2-12c.doc I� at fw •..r yy y •1 #I s �o O •I •1 • owl O rival FBI •1f +►I• •1* sus �1� fif fi• a +� � • 1 � •I s. +l• sl � • � f s • f f f s � • � �w Ordinance Amendment - Chapter 254 — Junk Dealers and Pawnbrokers (Item No. 103, C.C.P., Dec. 12, 2006) That after the hearing before the Committee on Legislation on December 19, 2006, the Ordinance Amendment as contained in Item No. 103, C.C.P., December 12, 2006, be and the same hereby is approved. Passed Recommended by the Committee on Legislation Chairman E t � 5 PJS:rmv TAwp60 \msword \rmv\ 103 c 12 -12 c. doc r- .. �� ,.•.,..� . a e3 �+ �� v a tw \�vdl�dv �� ! O � • �, w s F Increase to the Living Wage (Item No. 104, C.C.P., Dec. 12, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. ` re Mr. Fontana moved: 1 e L Recommended by the Committee on Legislation - - `'I Chairman PJS:rmv t: \wp60\msword \rmv \104c 12- 12c.doc � F, A. Thompson- Living Wage Ordinance Amendment ( #43,12/12) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation f r - 448 Delaware Avenue - Encroachment (Item No. 17, C.C.P., Dec. 12, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to grant permission to Mr. Mathew Moscati, owner of 448 Delaware Avenue to install a stone wall with iron railing, which would encroach city right -of -way at said address, subject to the following conditions: 1. That the wall and railing be installed exactly as shown on plans approved by the Department of Inspection Services. 2. That the applicant be responsible for maintenance of the encroachment as long as it remains within the City right -of -way. 3. That the applicant supply the Department of Public Works, Parks and Streets with certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use or removal of said encroachment. Passed. Recommended by the Committee on Legislation Chairman PJS:rmv tAwp60 \msword\rmv\ 17c 12- 12c.doc 1i V p� to • l il• �o O •I �1 • • r1ml 321 L f f f a • i f s 1 •1•. +ice N• * • � 4 • • f � � • • * ,� r� C. Van Ness -Pres. Coalition of Erie Co.- Concerns -399 Franklin St. ( #45,12/12) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation Trocaire College — Trailblazer Signs (Item No. 105, C.C.P., Dec. 12, 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 Choate Street, between Abbott Road and Mercy Street proclaiming that portion as " Trocaire Way." Passed Recommended by the Committee on Legislation Chairman PJS:rmv t:\wp60\msword\rmv\ 105 c 12 -12 c. doc F —� a e3 V a t/1 �r.r�„dyy O • #1 #1 # Ini Q r Used Car Dealer — 779 Genesee (Item No. 35, C.C.P., Oct. 3, 2006) (Item No. 63, C.C.P., Dec. 12, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. MkFo moved: That pursuant to Chap 54 of the Cit o , he Commissioner of Perm=ens( ion Se i es be, and e here is aut ized to gran e ar Deale Freehand, b/a F eland &Sons uto Sales located at 779 Genesee. Recommended by the Committee on Legislation Chairman PJSrmv tAwp60 \msword\rmv \35c 10- 3c.doc — i 11 Mr. Fontana moved that the above Legislation item be recommitted to the Committee on ADOPTED. V / y1 R. Oliver, Petition to Use 2423 Seneca Street — Tatoo Parlor (Item No. 44, C.C.P., Nov. 28, 2006) That after the public hearing before the Committee on Legislation on December 19, 2006, the petition of R. Oliver, agent, for permission to use 2423 Seneca Street for a tatoo parlor be, and hereby is approved with the following conditions: 1. The business is to be closed on all Sundays. 2. The business is to schedule no appointments after 9:00 pm. 3. The business will not allow body piercing to be performed. 4. The business will not allow anyone under 18 to be served or allowed on the premises. 5. The license is for Robert Oliver only and cannot be transferred to another party. 6. The license can be revoked within one year if conditions are not met or if the District Councilmember determines that the business is not in compliance with the conditions stated above or the guidelines of the Special Seneca Street District. Passed �xr Recommended by the Committee on Legislation Chairman PJS:rmv t:\wp60\msword \rmv \44c 11 -28c. doc �O O * 1 * * 1 *1 * 1 * 4 . 1 *1 . ' •1:*1 01. sl 01 • *1 # "=7 La I Q • f i f # ! f •ice a � •1• • `4uG R. Fontana -N. Blaschak & W. Berry- Comments - Restricted Use Permit (#43,10/17) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation W. Berry - Comments -Ord. Amend. - Chapter 511 -Zng. -Use Permit Req. (#45,10/3) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation t .p Amendment to Living Wage Ordinance (Law) (Item No. 29, C.C.P., Nov. 14, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: Ck btuJC K . I IN ., - I � Recommended by the Committee on Legislation ` 99 Chairm n PJS:rmv t\wp60\msword \rmv\29c -1 1 c 14c. doe 1` Amendment to Living Wage Ordinance (Adm. & Fin.) (Item No. 41, C.C.P., Nov. 14, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: (.1 Recommended by the Committee on Legislation Chairman PJS:rmv t: \wp60 \msword \rmv \41 c I I- I 4c.doe a City of Buffalo Living Wage Commission (dated 11/8/06) (Item No. 49, C.C.P., Nov. 14, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Recommended by the Committee on Legislation PJS:rmv t: \wp60\msword \nnv \49c 11- 14c.doc y City of Buffalo Living Wage Comm — Proposed Amendment (Item No. 58, C.C.P., Oct. 3, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: -FLO+ 41".,! is -- 114L - , .( A 11 k Recommended b the Committee on Legislation . F a ` Y g Chairman PJS:rmv t:\wp60\msword\rmv \58c 10- 3c.doc City of Buffalo Living Wage Commission (dated 11/15/06) (Item No. 37, C.C.P., Nov. 28, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: a,,+ � i e n 6 E Ad Recommended by the Committee on Legislation Chairman PJS:rmv tAwp60\msword \rmv \37c I 1- 28c.doc M. Kearns- Concerns -Tree Trimming- Choate Avenue ( #53,7/11) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation Cp Req. to Make COB Parks Handicap Accessible (Exc. 2 " Res.) ( #109,7/11) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation OKA �f Strengthen COB Sex Offender Ordinance (Exc. 1 St Res.) ( #121,6/13) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation Req. Notif. Of New Business License Applications ( #158,10/3) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation �l Identification of Business Entities (Exc. 1 St Res) ( #120,4/18) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation <? y Identification of Business Entities (EDPI) ( #26,6/27) That the above item be and the same hereby is received and filed. ADOPTED. Recommended b the Committee on Legislation Y g . t� Request to Expand Community Access Advisory Board (Item No. 73, 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 the Co investigate the p report back to t ie Co Passed Counsel, be, and she hereby is authorize o researcTi a exnnndina th'e Comm ' v Acces visory Board and Recommended by the Committee on Legislation PJS:rmv tAwp60\msword \rmv \73 c7- 25c.doc Chairman e . ti ate; Mr. Fontana moved that the above item be Legislation m tecomitted to the Committee on ADOPTED. �( 0 P. Smith & O -Req. Trafic Signal /2 Addl. Stop Signs - Corners of Masten/Riley St. ( #51,10/17) That the above item be and the same hereby is received and filed. Recommended by the Committee on Legislatio �' COMMUNITY DEVELOPMENT (Joseph Golombek Jr., Chairman) C. J. Golombek -BSA Res -Auth to Apply for Grant Funding SMS Grant Prog (CCP# 40,12/12) Mr. Golombek moved that the above item be the same and is hereby received and filed. ADOPTED on Community Development 50 RESOLUTIONS t # 4 (Rev. 1/93) RESOLUTION By: Councilmember Brian Davis - A l 7 91A SUBJECT: [SET PUBLIC HEARING [REQUEST TO ENTER INTO LEASE AGREEMENT — PORTION OF 667 MAIN STREET - JM, LLC - REDEVELOPER WHEREAS, JM, LLC and /or other legal entity to be formed (herein referred to as the "Redeveloper ") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper have negotiated a Lease Agreement for the property known as a portion of 667 Main Street; and WHEREAS, the terms of the proposed Lease Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said request to enter into a Lease Agreement and said terms of the proposed Lease Agreement have been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law; and WHEREAS, Section 507(2) of the "General Municipal Law" requires that the terms of the Lease Agreement may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 30th day of December 2006. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 9th of January 2007. TEW /MS /ms (Al 8 r _ C ALOE t 1� # 4 (Rev. 1/93) SUBJECT: REQUEST TO ENTER INTO LEASE AGREEMENT — Portion of 667 MAIN ST. JM, LLC - REDEVELOPER BY: Councilmember Brian Davis WHEREAS, the Buffalo Urban Renewal Agency has duly designated JM, LLC LLC and /or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and NOW, THEREFORE, BE IT RESOLVED: 1. JM, LLC and /or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the City of Buffalo Urban Renewal Agency, was previously approved as the Redeveloper of a portion of 667 Main Street. 2. That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to effectuate the proposed "Lease Agreement" and the documents necessary to convey title to the property described in the proposed Lease Agreement between the City of Buffalo Urban Renewal Agency and JM, LLC. TEW /MS /ms ( By: Mr. Fontana Re: Ordinance Amendment Chapter 96, Bonds and Contracts The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 96 of the Code of the City of Buffalo be amended to read as follows: § 96 -19 Living wage. D. Living wage. (1) Applicability. Covered employers shall pay no less than a living wage to their covered employees. (2) Amount of wage. The living wage shall be calculated on an hourly basis. With health benefits, the living wage rate shall be $8.08 (2003); $9.03 (2004) $9.59 (2007) Without health benefits, the living wage rate shall be $9.08 (2003); $10.15 (2004) $10.77 (2007) The living wage rates for 2007 shall be effective sixty (60) days after the passage of this provision. (3) [Re- evaluation period] Cost of living adjustment (COLA) [This section shall be revisited no later than December 31, 2003, to re- evaluate the living wage legislation. The amount of the living wage may be adjusted at that time to reflect existing economic conditions.] Beginning on January 1 2008 and on January 1 of each year thereafter assuming inflation the rate will be increased by an amount corresponding to the increase, if any, in the National Consumer Price Index for all urban consumers (CPI -U) as published by the U.S. Department of Labor, for the year preceding the prior year. For instance the increase if any, on January 1 2008 shall be based on the annual percent change in the CPI -U for 2006 The rates set in this chapter, along with any increased cost of living adjustments are not intended to interfere with any freeze on wages of City employees as imposed by the Buffalo Fiscal Stability Authority, if applicable and to the extent that this chapter is inconsistent with applicable New York State law this provision shall not control. APPROVED AS TO FORM Corporation Counsel ` AALTJS T: \wp60 \msword \pj s \ord- amend -96 -L W -cola `s C��vn�j NOTE: Matter underlined is new, matter in brackets is to be deleted. 5 -� BY: MR. FRANCZYK RE: EXPLORE USING PART OF CITY'S SURPLUS FOR RESIDENTIAL DEMOLITIONS WHEREAS: The current city demolition list contains roughly 1,200 residential properties that need to be removed; and, WHEREAS: These properties are either city- owned, acquired through the In Rem tax foreclosure sale, or privately owned and either consented for demolition by the owner or ordered to be torn down by a Judge, and, WHEREAS: The current City demolition accounts have reportedly nearly dried up, and with the likelihood of a significant gap in time before the receipt of proposed New York State allocations, or additional City funds being budgeted to continue the demolition process; and, WHEREAS: The state allocated $5- million directed through the Dormitory Authority to demolish dilapidated properties in Buffalo and $3- million from the Restore New York program though the Empire State Development Corporation for the same purpose; and, WHEREAS: As of yet, the City has not received either of these State allocations and has no clear time frame for delivery of these funds; and, WHEREAS: The City purports to have an approximate $56 million surplus from the 2005 -2006 fiscal year; NOW THERFORE BE IT RESOLVED: That the City utilize a portion of its 2005 -2006 budget surplus to begin tearing down the current 1,200 properties on its demolition list; and, BE IT FURTHER RESOLVED: That the City ascertains if it can reimburse City accounts borrowed from for these demolitions, with future allocations of the above referenced State demolition monies, in order to render the City surplus whole. 0, `�A ► //,-; Davfd A. F R EFERRED TO THE 1 pa"2P 9- O N r () L_ eT_ 3 C-) BY: MR. FRANCZYK IThvPez) L)t7 RE: URGE DEMOCRATIC CONGRESS TO CURTAIL WAR FUNDING FOR IRAQ WHEREAS: Although there no longer appears to be a federal agenda to aid American cities, the Bush Administration has squandered nearly $380- billion on the failed war in Iraq, which amortizes to a cost of $297 million for the City of Buffalo and $33- billion for the State of New York; and, WHEREAS: 3,000 American soldiers have died, with over 22,000 wounded, in addition to hundreds of thousands of Iraqi dead, with violence in that beleaguered country only getting worse; and, WHEREAS: Despite this tremendous waste of human lives and material cost, the Bush Administration is proposing to send more American troops to Iraq, in addition to entertaining the Pentagon's request to allocate another $100- billion for the war; NOW THERFORE BE IT RESOLVED: That the Common Council urges the area's federal delegation to vote to discontinue this wasteful funding for the Iraq War, and set a new agenda prioritizing addition funding for cities, particularly the City of Buffalo. i ,.� Cv, o ,/f U Cn . C id A. Franczyk _ yam RESOLUTION Sponsor: Mr. Kearns Co- sponsors: RE: Addressing Quality of Life Issues Caused by Irresponsible Tenants and Landlords Whereas: Problem properties and problem tenants affect the quality of life for many City of Buffalo residents; and Whereas: The City must explore new and innovative ways of addressing quality of life issues; and Whereas: Several years ago the City of Rochester, partnered with the County of Monroe Department of Social Services and created a Pro - Active Property Management Program to address quality of life issues; and Whereas: The Pro - Active Property Management Program requires landlords who have accumulated a certain number of code violations, police calls etc. to attend landlord training. The training will educate landlords on how to screen tenants, identify drug activities, the eviction process and property management; and Whereas: Tenants who have a history of moving (3 times in a year), multiple claims for damage (exceeding $1,000), police calls, will receive training in basic life skills on how to be a good neighbor, parenting skills, drug awareness, house cleaning etc; and Whereas: The penalty for tenants not participating in training if required is that tenants lose their public assistance benefits, the penalty for landlords not participating in the training if required is that they lose the ability to receive their rental payments directly from the Monroe County Department of Social Services; and Whereas: As part of the Rochester program an inspection of a property is completed in order for a landlord to receive rental payments directly from the Department of Social Services. This inspection protects landlords and tenants as to the condition of the property; and Whereas: Monroe County Social Services reimburses the City for the cost of one housing inspector. Monroe County additionally received a state grant in the amount of $125,000 for start up funding; and i Whereas: The Pro - Active Property Management Program appears to be a great tool to address quality of life issues. The key to changing negative behavior is training and education, which is the basis of the program; and Now Therefore Be It Resolved That the Common Council is interested in learning more about the Pro - Active Property Management Program as a tool to address quality of life issues. Be It Further Resolved That a copy of this resolution be forwarded by Council Staff to the Erie County Department of Social Services, the City of Buffalo Corporation Counsel, the Commissioner of Economic Development Permits & Inspections, the Police Department, Citizen Services, Good Neighbor Planning Alliances, Housing Opportunities Made Equal, Buffalo Municipal Housing Authority, Greater Buffalo Niagara Realtors Association and Belmont Shelter for their comments. Be It Finally Resolved That this item is referred to an appropriate Committee of the Council for further discussion and consideration. ro Michael P. Kearns :ADOPTED ", 'DEFERRED TO THE COMMITTEE O 't"'GIS LATI d 0 7ROE 9 DEPARTMENT OF SOCIAL SERVICES Jack Doyle Richard F. Schauseii County Executive Director March 17, 1999 THIS LETTER CONTAINS IMPORTANT INFORMATION ABOUT A NEW PROGRAM THAT MAY EFFECT YOUR PROPERTY. e. Dear Property Owner: The Monroe County Department of Social Services will begin operating the Pro - Active Property Management Program effective May 1, 1999. This one -year program resulted from ongoing meetings with neighborhood planning teams, landlord associations, the County, the City of Rochester and the Village'of' East Rochester. The purpose of this project is to provide quality housing by addressing landlord and tenant behaviors that may be negatively impacting the quality of life in the targeted neighborhoods. There are three major components to this program: ► Mandatory training for owners of properties that have been identified and documented by DSS as being a public nuisance.. A public nuisance is defined as a unit that has accumulated 12 or more points in a six month period or 18 or more points in a 12 month period under the DSS Pro - Active Program point process. ► Mandatory tenant training for Temporary Assistance recipients who have caused damages in e DSS as $500 to rental units, have moved two or more times within a year or have been identified by lords may make referrals to _DSS for tenants who they having multiple quality of life complaints. Land believe would benefit from training• • Housing Quality Inspections for authorization of Direct Rents by MCDSS in Zip Codes 14609, 14611, 14613 and 14445. 'b'� Landlords who own properties that have exceeded the threshold of allowable points under the Pro -Active Program rules will be required to training session, conducted by. the Housing Council,.,.,. Attached attend a tra to this letter is a separate listing of guidelines which describes how and under what circumstances Points: will be assessed and the notification procedures. Also attached is a list of the offensesre d rents Pro - Active Program. Failure to attend the training will result in an immediate revocation of i for all properties which the non - attending landlord owns. Landlords who attend the training at the class pally placed on probation for one year. Any subsequent Pro - Active Program points cited unit may result in an immediate revocation of the right to receive direct rents from MCDSS- Fax (7l 6) 274 1296 111 Westfall Road • Rochester, New York 1462Q • (716) 274 6295 „• V ° _- . similar program will operate in the Village of East Rochester. You may contact Dennis Essom at 385 -3513 for further information. Mandator Tenant Training Tenants who consistently cause damages to properties, move frequently or are involved in activities which negatively impact the quality of life in their neighborhoods will be required to attend training as a condition of receiving Temporary Assistance Benefits. Failure to attend will result in the case being closed. This training will be conducted by the Housing Council. Quality Housin Inspections Zip Codes 14609 14611 146 and 1444 In order to receive direct rents for any new tenant on or after May 1, 1999 in Zip Codes 14609, 14611, 14613 and 14445, a property MUST pass a Quality Housing Inspection. The property owner must call 428 -6521 to schedule an appointment for an inspection for properties in Zip Codes 14609, 14611 and 14613; and 385 -3513 (Dennis Essom) for Zip Code 14445 (East Rochester). In order to receive direct rents for the first month of tenancy, properties must pass inspection by the last business day of the month. Rents for properties that have failed the inspection will be sent to the tenant. Property owners may reschedule inspections to receive future direct rents. _ _ q0 Quality Housing Inspections will be valid for 30 days. Property owners are encouraged to call for the inspection as soon as the unit is ready to be rented. You will not be required to provide a tenant name and case number to schedule an appointment, but you must occupy to unit within 30 days of passing the inspection or another inspection will be required. City Certificates of Occupancy issued within the previous 60 days of a required Quality Housing Inspection will satisfy the inspection requirements. The exception will be when a landlord who qualifies for the "grace period" requests a landlord /tenant agreement. In such cases, the Move -In inspection will be required in addition to the City C of O inspection. A landlord requiring a Quality Housing Inspection will have the option to voluntarily request that during this inspection a City C of O inspection also takes place. A C of O issued as part of the simultaneous C of 0 process will be valid for standard five years. A Quality Housing Inspection will be required for any subsequent new tenarits. -- Landlords_. requesting -the._ simultaneous inspection will .have__1lie City's C of O application fee waived. LandIord/Tenant Agree Move In/Move Out Inspections - All City Zip Codes and Eas Rochester Move -In and Move -Out Inspections for the Landlord/Tenant Agreement will continue to be required. Move- In/Move -Out Inspections will be expanded to include the Village of East Rochester for any tenant who moves in or out effective May 1, 1999. East Rochester property owners should call 385 -3513 (Dennis Essom) to arrange for inspections. MCDSS will not authorize payments under the Landlord/Ter ant Agreement for any claim in which the inspections were not completed. The Quality Housing Inspection will be combined with the Move -In Inspection for those properties located in the targeted Zip Codes where a Landlord /Tenant Security Agreement has been requested. You must advise the City of Rochester or Village of East Rochester at the time you call for the inspection that you are requesting both a Housing Quality and Move -In Inspection. `,.uality Housing Inspections will replace Move -In Inspections when appropriate, so as not to duplicate inspections. rA . Questions regarding this program should be directed to the following: k! _ ry79 MCDSS Housing Unit 274 -6630 Webster Avenue NET Office 428 -7650 Lyell Avenue NET Office 428 -7620 Dewey Avenue NET Office 428 -6710 Village of East Rochester 385 -3513 Any comments or concerns may be put in writing and mailed to: Pro- Active Property Management Program 111 Westfall Road, Room 278 Rochester, New York 14620 We anticipate we will be speaking to various landlord and community organizations regarding the implementation of this new program. Please watch for these sessions and we encourage you to attend in order to learn more about the program. We believe this project will have a positive impact on improving the quality of life in these targeted areas. We look forward to continuing to work together with you to reach our goal of providing quality housing for everyone residing in our community. Thank you. Sincerely, Richard F. Schauseil Director, Monroe County Department of Social Services RFSllmj By: Ms. Russell City of Buffalo Local Law No. O Introductory No. 20 (2006) I�iZ • iv e' T o n f IN , i)(1c IJ amending the Charter of the City of Buffalo in relation to the Department of Administration Finance, Policy and Urban Affairs. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article 10 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: Article 10 Department of Administration, Finance, Policy and Urban Affairs § 10 -1 Commissioner of Administration, Finance, Policy and Urban Affairs. The commissioner of administration, finance, policy and urban affairs shall be the head of the department of administration, finance, policy and urban affairs, and shall act as the budget director to carry out all of the functions, duties and responsibilities as a member of the Buffalo urban renewal agency. §10-2 Appointment; Removal. The commissioner shall be appointed by the mayor, subject to confirmation by the council, and shall be removable at the pleasure of the mayor. § 10 -3. Qualifications of the Commissioner. The commissioner shall be a graduate from an accredited college or university and have at least five years of experience in the management of fiscal operations, or in supervision and administration, or an equivalent combination of training and experience sufficient to indicate ability to perform the work. § 10 -4. Duties and Powers. The commissioner shall have all of the powers and shall be responsible for all the duties hereinafter conferred upon the several divisions of the department and such other duties or powers, as may be conferred upon the commissioner or divisions by law or ordinance. The commissioner shall countersign all checks drawn on the city treasury and shall have custody of all pension and trust funds. ,6 Where under any provision of law any moneys payable to the city are required to be paid directly to any officer or agency of the city, other than the commissioner or his or her designee, or where the commissioner and the comptroller certify that any such moneys may be more conveniently paid directly to such other officer or agency, the commissioner or his or her designee and the comptroller shall prescribe the time, manner and form in which such moneys shall be accounted for and paid. The Commissioner shall assist the mayor in the formulation of the budget and four -year financial plan submitted to the Buffalo Fiscal Stability Authority (BFSA) if required, and in assembling, correlating and revising the estimates and requests for appropriations of the departments, boards and agencies of the city, and shall participate in the investigation, supervision and coordination of the expenditures, and other fiscal operations of such departments, boards and agencies. He or she shall exercise all of the powers and shall perform all of the duties necessary to administer and coordinate the operations of the city budget. He or she shall direct, coordinate and administer the fiscal management of all federally and state funded programs and any agencies related thereto including financial planning, management, program or project budgets, accounting, auditing, budget control, financial statements, federal reporting, the receipts and disbursements of grants, contract administration involving the system of reporting, monitoring and auditing third -party contracts. The Commissioner shall have the power to formulate and conduct special studies on departmental operations, functions or methodology and make recommendations to the mayor for increasing efficiency at all levels. The Commissioner shall act as a Senior Policy Advisor to the Mayor and assist the Administration in major policy decisions and shall also oversee Federal and State Government relations, including direct contact with agencies of the State and Federal government, and with elected officials, and works to create both State and Federal legislative agendas; travels to Albany, Washington D.0 and other appropriate locations to advocate on behalf of the City of Buffalo, oversees the activities of the City's lobbyists and initiates legislative recommendations at the local, state and federal level. The Commissioner functions as Liaison to the Buffalo Fiscal Stability Authority (BFSA); attends meetings held by the BFSA and works closely with City departments and agencies regarding relevant BFSA issues. As a senior policy advisor, the Commissioner shall assist the Mayor in implementing improved management efficiency and accountability measures and shall serve as a member of the CitiStat Buffalo review panel. § 10 -5. Divisions. There shall be in the department the following divisions: (a) Division of Administration and Finance [Urban Affairs] (b) Division of parking enforcement. (c) Division of the treasury and collections. (d) Division of purchasing. (e) Division of Urban Affairs Division of Administration and Finance § 10 -6. Director of Administration and Finance [Urban Affairs; Qualifications. The head of the division of administration and finance shall be the director of administration and finance. He or she shall also be a deputy of the commissioner with power to act eg nerally for and in dace of the commissioner. He or she shall be a graduate of an accredited college or university and shall have at least three years of supervisory experience in fiscal operations, municipal government administration and /or management research or an equivalent combination of training and experience sufficient to indicate ability to perform the work. [The head of the division of urban affairs shall be the director of urban affairs. The director shall be appointed by the commissioner and shall be removable at his or her pleasure. The director shall have at least five years of responsible experience in public administration, intergovernmental and intra - governmental policy and operation and with at least three years of supervisory experience or an equivalent combination of training and experience sufficient to indicate the ability to perform the duties of the position.] § 10 -7. Appointment; Removal. The director shall be appointed by the commissioner and shall be removable at the will of the commissioner. §10-8. Duties and Powers. The director shall assist the mayor in the formulation of the budget and in assembling, correlating and revising the estimates and requests for appropriations of the departments, boards and agencies of the city, and shall assist the commissioner in the investigation, supervision and coordination of the expenditures, and other fiscal operations of such departments boards and agencies. He or she shall exercise all of the powers and shall perform all of the duties necessary to administer and coordinate the operations of this division. He or she shall direct coordinate and administer the fiscal management of all federally and state funded programs and any agencies related thereto including financial planning management, program or project budgets accounting auditing budget control, financial statements, federal reporting, the receipts and disbursements of grants contract administration involving the system of reporting monitoring and auditing third-party hird -party contracts. The director shall have the power to formulate and conduct special studies on departmental operations, functions or methodology and make recommendations to the commissioner and to the mayor for increasing efficiency at all levels. [The director of urban affairs shall have immediate charge of the division of urban affairs, and shall be responsible for the following: (a) Initiate, develop, prepare, coordinate and /or assist others in the development and preparation of applications to solicit public or private grants, with the objectives of obtaining additional resources for more efficient and economical provisions of governmental services. The director shall also be responsible for researching grant opportunities from both public and private venues, and provide periodic reports on the status of all grants by department and division. (b) Review in conjunction with the commissioner of administration and finance, and representatives of the mayor's office, the operation of city departments and other agencies for the purpose of identifying services that may be improved after careful analysis of existing procedures. The director shall be responsible for reporting monthly or in an otherwise appropriate time period the results of the departmental review and suggestions for potential improvement. (c) Conduct research to identify areas of city services that may be improved by incorporating best practices, programs or projects from other municipalities or governments, and provide for the distribution of information resulting from such research. (d) Exercise such other powers and perform such other duties as may be conferred upon the director of urban affairs by the mayor or the commissioner of administration and finance for research on special projects with the objective of improving administration of city services or practices. (e) Prepare an annual report or at an otherwise determined time period, identifying opportunities, and reviewing progress in realizing current and previously identified opportunities.] Division of Parking Enforcement § 10 -9. Director of Parking Enforcement; Qualifications. The head of the division of parking enforcement shall be the director of parking enforcement, who shall be a deputy commissioner of administration and finance, and shall also be the director of the parking violations bureau. He or she shall be a graduate of an accredited college or university with a bachelor's degree and six years, experience in the organization or management of a business enterprise or a governmental agency, two years of which must have been in a responsible supervisory capacity; or possess a master's degree from an accredited college or university and four years experience in the organization or management of a business enterprise or governmental agency, two years of which must have been in a responsible supervisory capacity; or be a graduate of an accredited law school and three years experience in the organization or management of a business enterprise or a governmental agency, two years of which must have been in a responsible supervisory capacity; or possess an equivalent combination of training and experience sufficient to indicate ability to perform the work. § 10 -10. Appointment; Removal. The director shall be appointed by the commissioner and shall be removable at the will of the commissioner. § 10 -11. Duties and Powers. The director of the division of parking enforcement, under the supervision of the commissioner of administration and finance, shall: (a) Supervise, manage and be responsible for the affairs of the division of parking enforcement, which division shall include the following functions: (i) Parking meter operation, which includes installation, maintenance and removal of parking meters, as well as summons issuance; (ii) Fleet operations, including fleet maintenance, towing and storage of impounded vehicles, and auction of unclaimed vehicles; and (iii) Parking violations bureau operations, including: (i) the administrative adjudication of charges related to parking violations and fine /penalty collection, for purposes of establishing and maintaining a comprehensive parking enforcement program; (ii) the administrative adjudication of charges relating to violations of article seven of the agriculture and markets law and of any local law or ordinance relating to the licensing, identification and control of dogs; and (iii) the administrative adjudication of charges relating to violations of certain ordinances relating to streets, sidewalks and sanitation. (b) Direct, coordinate and administer the fiscal management of the division, including financial planning, budget control, financial reports, contract administration, and the remittance of all penalties, fees, or revenues received by the director of the treasury as provided by local ordinance and state law; (c) Be responsible for the development and operation of computerized management information systems to compile, maintain and retrieve complete and accurate records relating to: (i) Towing and storage of impounded vehicles; and (ii) All charges and dispositions of parking violations; (d Establish and maintain operating policies, standards and procedures for the division and its personnel, including orientation and training programs; rn (e) Develop and implement parking enforcement programs not inconsistent with the provisions of local ordinances or state laws, including the administration of special towing activities and procedures to identify and process scofflaws; (f) Act as a liaison between the department of administration and finance and other city departments and agencies having a direct or indirect interest in the affairs of the division; (g) Identify on- street parking problems in the city and develop relevant policy responses for the mayor, common council and commissioners of administration and finance and of public works, parks and streets; (h) Cooperate with the board of parking in addressing and developing a comprehensive strategy for on- street and off - street parking throughout the city; and (i) Exercise such other powers and perform such other duties as may be conferred or imposed by the commissioner, or by any provision of this act or by local ordinance or state law. § 10 -12. Payment of Parking Fines by Credit Card. The city of Buffalo is authorized to enter into agreements, with one or more financing agencies to provide for the acceptance of credit cards (as such term is defined in Section 5 (a)(1) of the general municipal law) as a means of payments of fines. Any such agreement shall govern the terms and conditions upon which a credit proffered as a means of payment of a fine shall be accepted or declined and the manner in and conditions upon which the financing agency shall pay to the city the amount of fines paid by means of credit card pursuant to such agreement. Any such agreement may provide for the payment by the city to such financing agency of fees for the services provided by such financing agency pursuant to such agreement, which fees may consist of a discount deducted from or payable in respect of the amount of each such fine or otherwise as the agreement may provide. Division of the Treasury and Collections §10 -13. Director of the Treasury and Collections. The head of the division of the treasury and collections shall be the director of the treasury and collections. He or she shall be a deputy of the commissioner with power to act generally for and in place of the commissioner. §10 -14. Appointment; Removal; Qualifications. The director shall be appointed by the commissioner and shall be removable at his or her pleasure. The director shall be a graduate of an accredited college or university and shall have at least three years' experience in banking administration or accounting management, including the oversight of cash or cash equivalent transactions. § 10 -15. Duties and Powers. The director of the treasury and collections shall have immediate charge of the division of the treasury and collections, the custody of moneys therein and the receipts, deposits and disbursements of city moneys. He or she shall receive on behalf of the commissioner of administration and finance all current and past -due accounts, revenues, water rents and fees, license fees, fines, state moneys presently due and owing to the city and all taxes and assessments, whether presently due or past due, and shall deposit the same daily to the credit of the city in the depositories designated by the comptroller. Provided, however, that the proceeds of the sale of any capital assets, the purchase or improvement of which has been financed by the issuance of bonds having a maximum maturity of not less than five years and to the extent that such obligations, together with interest, are outstanding and unpaid, shall be deposited to the credit of a reserve find which is hereby established for the payment of one or of several issues of bonds and the comptroller shall disburse said find for the payment of such bonds and accrued interest thereon, from time to time, as principal payments and interest thereon become due. The 'director shall disburse city moneys but only upon warrants or checks prepared and signed by the commissioner or his or her designee as provided in this act. He or she shall keep full, accurate and separate accounts of the various funds and moneys in his custody and shall render to the comptroller at the end of each day's business a detailed statement of all moneys received and paid out by him or her. He or she shall have such other powers and duties as are conferred by this article or by ordinance or general law. A report shall be promptly made to the director by each officer, department, board and commission or other city agency of all moneys due to the city and of all unliquidated claims as soon as such claims shall become due and owing, together with all particulars in reference to such unliquidated claims. The director under the supervision of the commissioner shall be charged with the supervision and management of the collection of all moneys and accounts, due and owing to the city which have been billed by a department, agency, division or board of the city and which have not been paid to the city on a timely basis in accordance with the terms of such bill. The director shall immediately proceed with the collection of all such claims reported to him or her. The director shall be entitled to the assistance of the relevant billing department, agency, division or board in enforcing collection of the money or account. He or she shall be entitled to the services of the department of law to institute the necessary court proceedings to aid in such collections. The director shall make recommendation to departments, agencies, divisions and boards of the city regarding billing practices and shall recommend to the council a schedule of fees, charges and penalties in connection with billing, collection and enforcement practices and procedures. He or she shall account for the moneys so collected. § 10 -16. Charges Against County of Erie. The actual and necessary expenses incurred by a member of the police force, when directed by the mayor, commissioner of police or district attorney of Erie county (a) in serving or executing any process, except for or on account of an offense which a court of special sessions has jurisdiction to hear and determine or (b) in endeavoring to detect or arrest or procure the extradition of any perpetrator of crime against the laws of the state, including the expense of legal counsel without the state, or in furnishing food at station houses to prisoners there detained for offenses which a court of special sessions has not jurisdiction to try, shall be a charge against the county of Erie. Such charges may be paid in the first instance as other city charges out of an appropriation for such purpose in the budget. The director shall render an account on behalf of the city of such expenses made out in detail and verified by the oath of the person or persons who incurred such expenses to the effect that the sums charged therein have been actually and necessarily paid for the purposes set forth in the last preceding section, to Erie county to be audited and paid as are other county expenses. The county of Erie is empowered and required from time to time to levy and raise by taxation all money required to pay such charges, and it shall be the duty of said county to pay over to the director the moneys so raised. § 10 -17. Reports of the Director of the Treasury. The director shall furnish the council, from time to time at its request, with a detailed statement of the exact condition of all funds and moneys in his or her custody and of all the fiscal affairs of the city pertaining to his or her office. § 10 -18 through 10 -24. (Reserved)EN § 10 -25. Division and Director of Purchase; Qualifications. There is hereby established a division of purchase within the department of administration and finance. The head of the division of purchase shall be the director of purchase, who shall also be a deputy commissioner of finance and administration and shall act for and generally in place of the commissioner. The director shall be a graduate from an accredited college or university with a bachelor's or master's degree in business administration, accounting or finance and shall have at least five years of responsible experience in procurement and buying procedures and with at least three years of supervisory experience or an equivalent combination of training and experience sufficient to indicate ability to perform the work. § 10 -26. Appointment and Removal. The director shall be appointed by the commissioner and shall be removable at the will of the commissioner. § 10 -27. Duties and Powers of the Director. (a) Rules and lists of standard articles. The director of purchase shall establish from time to time, with the approval of the commissioner of administration and finance, rules consistent with the policies established by the procurement policy board prescribing the conditions and manner under which materials, supplies and equipment shall be purchased by or furnished to the various agencies of the city government. Before such rules and lists are established, the director shall advise, consult and cooperate with the head of each agency of the city which may be affected thereby and request their recommendations. In the event of any disagreement between the director and the head of any agency of the city with respect to such rules or lists, the written direction of the commissioner of administration and finance shall prevail. (b) Standards and specifications. The director of purchase shall, after consultation with the heads of the various city agencies which may be affected, establish from time to time standards and standard specifications for all materials, supplies and equipment so listed as capable of standardization, which must be submitted to and approved by the heads of the various city agencies, and in the event of a disagreement between the director and any such head in respect thereto, the written direction of the commissioner of administration and finance shall prevail. (c) Purchases. The director of purchase shall directly contract for and purchase all materials, supplies and equipment required by any agency of the city, and, where requested by any other city governmental unit, for such city governmental unit, and except in such cases as the director by written rule or order stating the reasons therefor and prescribing conditions for such purchase, authorize the purchase directly by the agency requiring the materials, supplies or equipment. The director of purchase shall establish all terms and conditions of purchase including, without limitation, whether or not to seek bid, performance or maintenance bonds in connection with any project in a manner consistent with policies established by the procurement policy board. The power herein given shall not be construed to include contracts for any work or improvement where materials, supplies or equipment are furnished by the contractor pursuant to the requirements of his contract. (d) Requisitions. All requisitions for materials, supplies and equipment, whether to be purchased by the director of purchase or directly by the agency, upon concurrence of the director of purchase as provided in subsection (c) above, shall be in the form prescribed by the director, shall bear the written approval of the head of the appropriate city agency, shall be filed with him or her, and shall be subject to his or her approval, and if the agency filing such requisition desires that the purchase be made directly by such agency, the requisition shall specify fully the reasons for such request. No requisition shall be honored unless there is to the credit of the agency an available appropriation balance sufficient to pay therefor, the existence of which balance shall be certified by the director of the budget and by the comptroller after a preaudit of such requisition. (e) Charging appropriations. Such purchases shall be charged against and paid from the funds appropriated in the budget for such purpose to the city agency making the requisition, except that if the purchases have been made in advance of the requisition from the city agency, they shall be charged against and paid from the revolving fund of the office of inventories and stores. (f) City -wide services. The director of purchase shall have the power to contract for services to be furnished to the city on an agency -wide basis. (g) Sale of surplus materials. The director of purchase shall be responsible for the sale of all surplus materials, supplies and equipment reported by any city agency, the sale or disposal of such surplus items to be conducted in accordance with applicable provisions of the city ordinances and general law. (h) Testing. The director of purchase shall be responsible for developing procedures for the testing of any products, materials and equipment purchased or to be purchased by the city. (i) Competition. All contracts for the purchase of materials, supplies and equipment, whether made by the director of purchase or directly by the city agency, upon concurrence of the director as provided in subsection (c) above, shall, except as provided in the next section, be awarded to the lowest responsible bidder following competitive sealed bidding. The director of purchase shall, not later than the third business day following the making of the award, mail written notice to all bidders of such award and a copy of the bid upon which the award was made. 0) Small Purchases. Any contract not exceeding $10,000 may be made in accordance with the small purchase procedures authorized herein. Contract requirements shall not be artificially divided so as to constitute a small purchase. Insofar as it is practical for small purchases in excess of $500, no less than three responsible businesses shall be solicited to submit written quotations. Award shall be made to the business offering the lowest acceptable quotation. The names of the businesses submitting quotations, and the date and amount of each quotation, shall be recorded and maintained as a public record. The director of purchase shall adopt operational procedures for making small purchases of $500 or less. Such operational procedures shall provide for obtaining adequate and reasonable competition for the supply, service, or material being purchased. Further, such operational procedures shall require the preparation and maintenance of written records adequate to document the competition obtained, properly account for the funds expended, and facilitate an audit of the small purchase made. (k) Review of award. The mayor, the comptroller, and the president of the council shall constitute a board of review of all contracts awarded pursuant to the last preceding subdivision. Within ten days after such award is made, any person conceiving himself aggrieved may appeal from said award to said board of review upon objections stated in writing filed with the director of purchase, and said board of review shall immediately proceed to a review of said award and may, in its discretion, grant a hearing and shall have power and authority to affirm said award or reverse the same and reject all bids and require that new bids be advertised for. Any contract awarded on such new bids shall be subject to like review. In the event of a timely protest hereunder, the director of purchase shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or until the board of review makes a determination on the record that the award of a contract without delay is necessary to protect substantial interests of the city. (1) Contracts. If no such appeal is filed within the time stated in the last subdivision, or if the award is affirmed, the director of purchase shall enter into the contract of purchase. The original contract of purchase shall be filed in the division of purchase and a copy thereof immediately filed with the department of audit and control. (m) Delivery. All materials, supplies and equipment purchased shall be delivered at the place or places specified in the contract of purchase, and the director of purchase shall have the right to inspect the same at the time of delivery and to make a final determination as to the specifications, f[il quality and quantity. The head of the city agency or an employee of said agency designated in writing to the director of purchase shall certify in writing to said director the receipt of the goods. (n) Non - compliance. Any purchase order or other contract for the purchase of materials, supplies and equipment which is entered into by any city agency other than in strict compliance with the provisions of this article shall not be enforceable against the city. § 10 -28. City Agency /City Governmental Unit. The words "city agency," as used in this article, shall include every officer, department, board and commission of the city. § 10 -29. Revolving Fund Purchases. The annual budget shall provide a revolving fund for use by the director of purchase when market conditions are favorable for the requisition of materials, supplies and equipment used in large quantities by the several agencies of the city, in anticipation of their needs. Any purchasing through this revolving fund, however, shall be shall be subject to all applicable provisions of the city ordinances and general laws and to the established procedures of the division of purchase. If purchases are made in advance of requisitions from the city agencies pursuant to this section, they shall be charged against and paid from the revolving fund of the office of inventories and stores and any requisition of any city agency thereafter filled from the stock so purchased shall be charged to the appropriate fund of such city agency, and a like credit given to the revolving fund of the office of inventories and stores in an amount determined by the director of purchase as the cost of the materials, supplies and equipment so furnished. § 10 -30. Procurement Policy Board. There shall be a procurement policy board consisting of up to seven members, three of whom shall be appointed by the mayor with the consent of the council, two of whom may be appointed by the board of education, and one of whom may be appointed by each of the Buffalo municipal housing authority and the Buffalo sewer authority. Each member shall serve at the pleasure of the appointing official or body, without compensation. Members shall have demonstrated sufficient business or professional experience to discharge the functions of the board. No member shall hold any public office or public employment. The mayor shall designate the chair. The board shall create policies for procurement of goods and services for the city, including (1) policies designed to encourage cooperative purchasing by the city, the Buffalo city school district, the Buffalo municipal housing authority and the Buffalo sewer authority through the director of purchase, (2) policies with respect to the methods for soliciting bids or proposals and awarding contracts, (3) standards and procedures to be used in determining whether vendors are responsible, and (4) policies governing the manner in which agencies shall administer contracts and oversee the performance of contracts and contractors. The board shall make such recommendations as it deems necessary and proper to the mayor and the council regarding the organization's personnel structure and management of the procurement function including, where appropriate, recommendations for revision of this charter or local laws affecting procurement by the city. The board shall also review the form and content of standardized city contract documents and shall submit to the law department recommendations for standardization and simplification of contract language. The board shall not exercise authority with respect to award 11 t or administration of any particular contract or with respect to any dispute, claim or litigation pertaining thereto. § 10 -31. Deputy Director of Purchase for Inventories and Stores; Qualifications. The head of the office of inventories, garages and stores shall be the deputy director of purchase for inventories and stores, who shall report to the director of purchase. The deputy director shall have at least three years of responsible experience in inventory controls, or an equivalent combination of education and experience sufficient to indicate ability to perform his or her duties. § 10 -32. Duties and Powers of the Deputy Director. The deputy director of inventories and stores shall be charged with and exercise all the following duties and powers: (a) Operate and control all printing and duplicating services within the city government. (b) Maintain and control inventories to be drawn upon by city agencies of their needs, including any necessary warehousing and storage. (c) Have direct supervision over a revolving fund used for the purchase of inventories. (d) Be responsible for normal billing procedures to the city agencies using supplies and equipment from such inventories. (e) Develop and administer messenger and mail service within and between city -owned buildings and facilities. § 10 -33. Warehouses. Warehouses may be established and maintained for the storage of materials, supplies and equipment purchased pending its use, which warehouses shall be under the control and management of the deputy director of inventories and stores. § 10 -34. Authority to Debar or Suspend. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the director of purchase, after consulting with the corporation counsel, is authorized to debar a person for cause from consideration for award of contracts. The debarment shall be for a period of not more than three years. After consultation with the corporation counsel, the director of purchase is authorized to suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity which might lead to debarment. The suspension shall be for a period not to exceed three months. The causes for debarment include: (a) conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract; 12 (b) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a contractor; (c) conviction under state or federal antitrust statutes arising out of the submission of bids or proposals; (d) violation of contract provisions, as set forth below, of a character which is regarded by the director of purchase to be so serious as to justify debarment action: (i) deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or (ii) a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment; (e) any other cause the director of purchase determines to be so serious and compelling as to affect responsibility as a city contractor, including debarment by another governmental entity for any cause listed in this charter; and . (f) for violation of the ethical standards set forth in the code of ethics or knowing participation in a transaction which violates the code of ethics. § 10 -35. Decision to Debar or Suspend. The director of purchase shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken and inform the debarred or suspended person involved of its rights concerning judicial or administrative review. § 10 -36. Notice of Decision. A copy of the decision required by section 10 -35 (Decision to Debar or Suspend) shall be mailed or otherwise furnished immediately to the debarred or suspended person. § 10 -37. Finality of Decision. A decision under section 10 -35 (Decision to Debar or Suspend) shall be final and conclusive, unless the debarred or suspended person within 10 days after receipt of the decision takes an appeal to the board of review established pursuant to section 10 -27(k) above. § 10 -38. Political Solicitation. No employee of the division of purchase shall solicit, receive or participate in the arrangement of any political contribution by any person who has sold within the past twelve months or proposes to sell goods or services to the city or any of its agencies. 13 Division of Urban Affairs 6 10 -39. Director of Urban Affairs; Qualifi The head of the division of urban affairs shall be the director of urban affairs. The director shall be appointed by the commissioner and shall be removable at his or her pleasure. The director shall have at least five years of responsible experience in Public administration intergovernmental and intra- governmental policy and nd operation and with at least three years of supervisory experience or an equivalent combination of training and experience sufficient to indicate the ability to perform the duties of the Position. § 10 -40. Appointment and removal. The director shall be appointed by the commissioner and shall be removable at the will of the commissioner. 10 -41. Duties and Powers. The director of urban affairs shall have immediate charge of the division of urban affairs, and shall be responsible for the following: (a) Initiate develop prepare coordinate and/or assist others in the development and preparation of applications to solicit public or private grants with the objectives of obtaining additional resources for more efficient and economical provisions of governmental services. The director shall also be responsible for researching rg ant opportunities from both public and private venues, and provide periodic reports on the status of all rag nts by department and division. (b) Review in conjunction with the commissioner of administration and finance, and representatives of the mayor's office the operation of city departments and other agencies for the purpose of identifying services that may be improved after careful analysis of existing procedures The director shall be responsible for reporting monthly or in an otherwise appropriate time period the results of the departmental review and suggestions for potential improvement. (c) Conduct research to identify areas of city services that may be improved by incorporating best practices programs or projects from other municipalities or governments and provide for the distribution of information resulting from such research. (d) Exercise such other powers and perform such other duties as may be conferred upon the director of urban affairs by the mayor or the commissioner of administration and finance for research on special projects with the objective of improving administration of city services or practices. (e) Prepare an annual report or at an otherwise determined time period identifying opportunities, and reviewing progress in realizing current and previously identified opportunities. 14 Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately upon its passage. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local law is necessary. APPROVED AS TO FORM \ Corporation Counsel T:\wp60\nisword\pjs\1120\af\director B N W. BRO MAYOR NOTE: Matter underlined is new, matter in brackets is to be deleted. 15 O ! ! i !I!1 #1+►I!'#1 #1 # I ' D 1 # 1! 1 !1!1# tiL i1 #N O a �rvr RESOLUTION By: Ms. Russell . g ar Co- Sponsor(s): Mr. Kearns ' RE: Requiring All Certificate, License, Permit & Registrations To Clear A Collections Check Whereas: In a recent Finance Committee meeting of the Council it was brought to light that some individuals and businesses who owe funds to the City of Buffalo are actually issued various certificates, licenses, permits and registrations by the City of Buffalo; and Whereas: The current city practice is to require some first time certificate, license, permit and registration applicants to undergo a collections check to determine if outstanding funds are owed to the City of Buffalo; and Whereas: It appears that the same practice of a collections check is not the standard practice for all first time certificate, license, permit and registration applicants nor is it standard practice to have collection checks for the renewal of said certificates, licenses, permits and registration; and Now Therefore Be It Resolved That the Common Council supports requiring all applicants and the renewals thereof for any certificates, licenses, permits or registrations to undergo a collections check for outstanding debts owed to the City of Buffalo prior to their issuance. Be It Further Resolved That this item is referred to the Commissioner of Economic Development Permits & Inspections and Corporation Counsel for their comment. Be It finally Resolved That this item is referred to an appropriate Committee of the Council for further consideration of this desired policy change. Bonnie E. Russell Michael P. Kearns = ADOPTED 15 t � ,� o (Z <s o t- vc - ; i 3 "' REFERRED TO THE COMMITTEE ON L E G ISLA TION. ! RESOLUTION By: Mr. Thompson I A d Re: Improving Diversity in New York State Government Whereas: 2006 represents a transition year in the state government of New York with open seats for governor and attorney general; and Whereas: 2006 represents an opportunity to assess the direction of government of New York State; and Whereas: It is recognized that most importantly the work of government can be no better than the quality of its workforce; and Whereas: Accordingly, that workforce should reflect the diversity of the population of New York State; and Whereas: It is appalling to learn of the disproportionate loss of African- American and Hispanic employees from the total workforce of New York State while taking note of the miniscule participation of Asians, Native Americans, and other members of the diverse population groups in New York State; and Whereas: The loss of nine thousand (9,000) African- Americans and one thousand (1,000) Hispanics is an unacceptable public policy result of the reduction in the New York State workforce; and Whereas: It is recognized that a new executive administration has a unique opportunity to take a fresh look and prioritize administrative governance that will result in a statistically significant diversification of the New York State government workforce; and Whereas: It is recognized that the effective use of trained Affirmative Action officers and units are when they are able to give direct advice and counsel to the presiding officer without mediation of that advice and counsel by subordinate officials; and Now, Therefore Be It Resolved That: In recognition of their efforts, we, the Buffalo Common Council, commend the work of Assemblyman Peter M. Rivera and the New York State Assembly /Senate Puerto Rican/Hispanic Task Force in bringing the heretofore discussed issue to the attention of the general public with public hearings and the groundbreaking report, Hispanics and African - Americans Need Not Apply: The Alarming Under - representation of Minorities in the New York State Government Workforce; and Now, Therefore Be It Finally Resolved That: That we, the Buffalo Common Council, would encourage the Black, Puerto Rican, Hispanic and Asian Legislative Caucus of the New York State Legislature to take a more active role in the improvement of diversity in the New York State government workplace which has had a negative impact on their constituencies in realizing opportunities in the New York State public sector workforce. Antoine M. Thompson AnOPTEM By: Mr. Thompson j (')(, v Co- Sponsor(s): Messrs. RE: Mandatory Penalties for Crimes Committed Against Seni Citizens and Disabled Persons I Whereas: As baby - boomers age, the senior citizen population in our communities is growing at record rates; and Whereas: Senior citizens and the disabled are the most vulnerable members of society and special punishments should exist when they are victimized; and Whereas: In recent years, and occurring more frequently, senior citizens have been targeted by individuals that see seniors as defenseless and easy prey; and Whereas: When apprehended and charged, the accused is often a teenager or young adult who may opt to plea to a lesser crime for a shorter or suspended sentence and the records are sealed due to their age; and Whereas: Due to the vulnerability of these populations, this Common Council feels that a plea bargain should not be allowed when a criminal act is committed against an elderly or disabled person; and Whereas: In addition, maximum sentencing should be implemented for crimes against the elderly and disabled even if that means detainment continues in an adult facility after the youth - offender reaches the age of majority; Now, Therefore, Be It Resolved That: The Common Council does hereby request that certified copies of this resolution be forwarded to the Erie County District Attorney with this Common Council's urging that the Offices adopt a "No Plea" and "Maximum Sentencing" policy toward crimes against the elderly and disabled populations. Antoine . Thompson 5-611-1 RESOLUTION By: Mr. Thompson Co- Sponsors: Re: Resume City of Buffalo Adjudication of Traffic Violations Whereas: Motor vehicle traffic violations in New York State have been handled by local jurisdictions since the early 1900's. In 1970, the State set up an Administrative Adjudication of Traffic Violations program under the New York State Department of Motor Vehicles and the State Unified Court System to handle traffic violations. In 1973, the City of Buffalo opted into this program. Currently, New York State holds all hearings in the City of Buffalo without the option of a plea bargain system; and Whereas: If the City of Buffalo adjudicates traffic infractions, they will implement a system that would allow traffic violators to have an option of a plea bargain, which could lead to traffic school, the same system that is used in the surrounding suburbs; and Whereas: This system would offer benefits to Buffalo residents currently enjoyed by suburban residents. The violator would be allowed to attend traffic school, thus hopefully becoming a safer driver and would also not be charged any points on his /her drivers license, which raise insurance rates for the driver; and Whereas: The City of Buffalo currently pays the Department of Motor Vehicles and the State Unified Court System administrative costs for a function that could be done "in- house" by city employees; and Whereas: State Legislation has previously been introduced in the past, but not successfully passed; and Whereas: Allowing the City of Buffalo to adjudicate traffic violations that occur within the City could bring in revenues in excess of $500,000 per year. The Town of Cheektowaga collects almost $1 million dollars per year in fines and surcharges adjudicating their own traffic violations; and Whereas: City of Buffalo residents already pay higher auto insurance rates and the current system only causes these rates to increase without any of the options that are offered in the surrounding suburban communities; Now, Therefore be it Resolved: 1 That the Common Council of the City of Buffalo supports the passage of Legislation that would allow the City to adjudicate its own traffic violations; and Now, Therefore be it Resolved: That the Common Council of the City of Buffalo requests the Corporation Counsel to outline the steps necessary to end the 1973 decision to have the New York State Unified Court System handle motor vehicle traffic offenses that occur within the City of Buffalo and allow the City to adjudicate its own traffic violations; and Be it Further Resolved: That the City Clerk be directed to forward certified copies of this resolution to Governor George Pataki, to the New York State Department of Motor Vehicles, to Assembly Speaker Sheldon Silver, to the Clerk of the Assembly, to Assembly Majority Leader Paul Tokasz, to the Secretary of the Senate, to Senate Majority Leader Joseph Bruno, and to members of the Western New York Legislative delegation. Antoine M. Thompson ADOPTED �,. ( )-'<yVx — n, By: Mr. Thompson u g Subject: Support for an Additional Housing Court Judge for the City of Buffalo Whereas: The issues addressed in Housing Court are critical to the future revitalization of Buffalo; and Whereas: A Housing Court Judge makes daily decisions that have a major impact on the day to day quality of life in our neighborhoods. Whereas: It is a monumental struggle to keep up with the backlog of housing cases while processing new ones for Court appearances. Now Therefore Be It Resolved: That the Buffalo Common Council supports an additional City Court Housing Judge in an effort to be proactive and innovative while addressing the scores of housing issues and cases affecting the City of Buffalo; and Be It Further Resolved: That a certified copy of this resolution be forwarded by the City Clerk, to the Chief Justice of City Court, Thomas P. Amodeo, Governor George Pataki, and the New York State Delegation. Be It Finally Resolved: That if necessary, this item be referred to an appropriate Committee of the Council for further consideration. M. Thompson l.. I v k - q L u 1 kmw ve r i , ` yu 5 , co lap i J -G, u m. By: Messrs. Thompson & Davis RESOLUTION 6ev u RE: Requesting the Department of Law Add the Goals of the City of Buffalo Section 3 Program to the Charter and Code of the City Buffalo Whereas: It is the general policy of the City of Buffalo to organize and administer its operations and affairs to provide the maximum possible benefit to all residents of the City, with equal opportunity to participate to all citizens including minority group members, women, minority and women owned businesses. The workforce and recipients of the benefits of business opportunities generated by the City will reflect the diversity of the City to the greatest extent possible, a factor to be considered in awarding of all incentives and contracts, and Whereas: To further the goals set forth above, in May 1997 the Mayor of the City of Buffalo signed a Section 3 policy for the City of Buffalo that stated that the necessary efforts would continue to be extended to ensure that the obligations and objectives of section 3 of the Housing and Urban Development Act of 1968, as amended would be met by the City of Buffalo; and Whereas: It is the desire of the Buffalo Common Council to formally adopt the attached City of Buffalo's Section 3 Program at this time; and Whereas: The City of Buffalo's Section 3 Program establishes the standards and procedures the City will follow to ensure that its obligations and objectives of Section 3 of the Housing and Urban Development Act of 1968, as amended, are met. Therefore it is the goal of this Common Council that all departments in City government, including BERC and BURA Agencies would also utilitize and adhere to the Section 3 Program; Now, Therefore, Be It Resolved That: The Buffalo Common Council requests that the Law Department research and Draft if legal the necessary ordinance amendment that would include the Section 3 Program. The Law Department is to file a written response with the Common Council within thirty days (30) of the adoption of this resolution; and Be It Further Resolved That: The Common Council requests that the Buffalo Urban Renewal Agency (BURA) and Buffalo Economic Renaissance Corporation (BERC) also consider adopting the City's Section 3 Program as part of their Agency's policy; and Be It Further Resolved That: the City Clerk is to forward certified copies of this resolution to the City's Law Department, the Buffalo Urban Renewal Agency (BURA), and Buffalo Economic Renaissance Corporation (BERC) and the Western New York delegation to the State Legislation for a response., and Be It Filly Resolved That: This resolution be referred to the appropriate committee for discussi n. d, ANTOINE M. THOMPSON BRYAN C.DAVIS Rj REFERRED TO THE COMMITTEE ¢; ON LEGISLATION, 122 1 5n r e n — '4� '. . U PART A: GENERAL PROVISIONS �~~�- _�4 {. POLICY AND PURPOSE ........................................................................................................................... - ......... 4 [[ PROGRAM ......................................................................................................................................................... 4 - 1I1. APPLICABILITY AND THRESHOLDS ._---__'_'-_--__-.'_'---_.----------___._______5 A. Section 3{3nverud Assistance ........................................................................................................... J [V. REQUESTS FOR WAIVER mm .---_,-_--'_---_-.—'----.---'--._---------6 V. DEFINITIONS ..................................................................................................................................................... 6 \/L DELEGATION OF AUTHORITY . ............................................................................................... ........................ l� PART B: ECONOMIC OPPORTUNITIES'FOR*SECTION 3 RESIDENTS AND SECTION 3 BUSINESS PROCEDURES 1 2 ' A. ` ` ' ~ and /bne/uh/��---------1--------.-...-.—._.--.._-.-----J2 B. Compliance determination ............................... '........................... /^............................... .......... 14 11. PREFERENCE OF SECTION 3 RESIDENTS O«TRAINING A0DEumpLOYnusza` OPPORTUNITIES . ............................. 20 A. {�u�r � ofprovkdiNg pre/erenc� .......................................... .......... .-- ... ... ------- ..'---'_-.Jp B. E8gdbilityforprefer*mcu-_----.----..-' ----'-----.._-__-----.---'J1 C.......................................................... 21 DI PREFERENCE FOR SECTION ] BUSINESS CONCERNS IwCONTRACTING '..- ..................... A, Order ofpruviding pneferemc� ........................................................................................................ JJ u) Category | businesses: ....................... .................................. ........ --- ............ ......... 22 W Category 2 businesses: .................................................................. --_ ................. - ....... 2% 4 Category 3hodnnxses- .................................... ............................ - ................. ............ 2% 0 Category 4 businesses: .......... ......... ........... .......................................................... ....... 2% -- B. Eligi6ildy}6r preference .... ..................................................................... .......... .................... ........ JJ C. Ability /o complete contract ............... ........................................ -.................. ............................ %J PART C: REPORTS AND RECORD KEEPING .._~_ ...... L REPORTING .............. - ............................... ......................................................................................... ........ 2J UL RECORD KEEPING AND ACCESS r0 RECORDS ................. ........ .................................. ..................................... 25 PART D: COMTLAINT ADD CONTLIANCE REVIEW .................................. ..................... -_ ............... ...... %6 LPURPOSE ................................ .' ........................ ....................................... ................................................ 6 D. COOPERATING 0x ACHIEVING COMPLIANCE .................................................................................. ................. 26 DI COMPLIANCE REVIEW PROCEDURES ..................... ............................................................................... ....... 0 A. Compliance rev bv Section 3 Director. ..... ............................... ........................................ ........ J0 B. Form of compliance review ......... ............... ........... .......... ....... ............................................... 27 J7 C. --'---------------------'-------------''--' Il......................... ................ .................................. ............................ 7 E. Conducting compliance review before the uoard ......................... __. ................... Z7 CV. FILING AND PROCESSING COMPLAINTS . ............................ .-............................. ........................................ %8 A. Who mayfile u complaint ....................... ..................... ......... ................................ ...................... J8 f[ Where rofileu ..................... .............. --..................... ........................................... ... J8 ` ' City of Buffalo Section 3 Program May 8. 1997 124 '•} 5 41 :w f�`3� C . Time offil ing . ..................................................................... ............................................................. 28 D . Contents of complaint .......... ...........................................................,....::............ ... ........................... E. Resolution of complaint by recapient .................................................................. .............................29 F Resolution ofcomplaint by Section 3 Director . .............................................................................. 30 I. Dismissal of complaint.._ .................................................................................. ............................... 30 2. Informal resolution ........ _ ................................................................................. ............................... 30 3. Effective date of imposed resolution ................................................................ ............................... 30 4. Section 3 appeal panel. .._ ................................................................................. ............................... 30 a) Members ........ _ ................................................................................... ......................._.....31 b) Procedure ....... _ .................................................................................... .............................31 G . Sanctions . ................................. d ..................................................................................................... .32 H. Intimidation and retaliatory acts prohibited ...................................................... .............................32 IJudicial relief ..........................._..............................................................._......... ........................_....32 Sign Mare ........................... ............................... _................................................................. ............................... _..... 30 City of Buffalo Section 3 Program May 9, 1997 - 3 L P r PART A. GENERAL PROVISIONS I. Policy and EiLrpose It is the policy of City of Buffalo (City) to organize and administer its operations and affairs to provide the greatest possible benefit to all residents of the City. Equal opportunity to participate is provided to all A further purpose of the City's policy is to ensure that employment and other opportunities generated by certain financial assistance from the United States Department of Housing and Urban Development (HUD) shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations thereunder, be directed to low ----income- -and—very . low,_--income persons, particularly those who are recipients of government assistance for housing, - and to business concerns which provide economic opportunities to such persons. 11. Program. This program establishes the standards and procedures City will follow to ensure that its obligations and the objectives of Section 3 of the Housing and Urban Development Act of 1968, as amended, are met. Cit of B. fr S 3 P,og,.. May S. 1997 Section 3 applies to City activities funded with the following HUD assistance. b) Housing construction; and c) Other public construction prqjects (which includes other buildings or improvements, regardless of ownership). 2. Thresholds for Section 3 Covered ffousip and Commmai_!Y Development Assistance are: a) Categorical thresholds - applies to each category within housing and community development , program assistance where the overall expenditures within that category exceeds Two-Hundred Thousand ($200;000) - 000) Dollars.. Each project -under that category is then covered to the extent that it meets the other thresholds as listed below. b) Contractor and subcontractor - applies to contractors and subcontractors performing work on Section 3 covered projects described in the preceding subparagraph when the amount of the assistance received exceeds Twenty Five Thousand ($25,000-00) Dollars; and the amount of the contract or subcontract exceeds Five Thousand (S5,000.00) Dollars. City of Buffalo S 3 Program May 8, 1997 5 c) Recipients other than contractors or subcontractors - applies if a recipient receives Section 3 covered Dousing or community development assistance in excess of Twenty Five Thousand (S 2 5,000) Dollars. I Op V. Definitions. As used in this program, the following terms shall have the meanings indicated: BMHA means the Buffalo Municipal Housing Authority. Business Concern means a business entity formed in accordance with law, and which is licensed to engage in the type of business activity for which it was formed. Corn fain means an allegation of noncompliance with provisions of this program. Complainant means the party which files a complaint with the Section 3 Director, alleging that a recipient, contractor or subcontractor has failed or refused to comply with the terms of this program. City of Bufralo Section 3 Pmgram May 8, )997 6 U n 12S Contractor means any entity which contracts to perform work generated by the expenditure of Section 3 covered assistance, or for work in connection with a Section 3 covered project, including a subcontractor. HUD means the United States Department of Housing and Urban Development, including its Field Offices to which authority has been delegated to perform functions under Section 3 of the statute. it Youth Build Proar my mean programs that receive assistance under subtitle D of Title IV of the National Affordable Housing Act, as amended by the Housing and Community Development Act of 1992, and provide disadvantaged youth with opportunities for employment, education, leadership development, and training in the construction and/or rehabilitation of housing for homeless individuals and members of low and very low income families. means the job Training Partnership Act. Me Area means Eric and Niagara counties in the State of New York. _MOCC means Mayor's office of Contract Compliance. 7 City of B.ff.]. Swim 7 P1081-M May 8. 1997 " 1 IJU 29 U J NeLghborhood Area means a geographic location within City designated as a Community Development Block Grant Neighborhood, as provided in the pertinent regulations of the applicable cornmunity development program. New Hires mean full time or part time employees for permanerut-, temporary or seasonal employment opportunities. Noncompliance with Section 3 means failure by a recipient, contractor or subcontractor to compl he provisions of the City of Buffalo"s Section 3 program. -c Other HUD ELOrams mean HUD prog'ams, other than FIUD publi - provide housing and corrim. ty gr housing pro • ams that�:! - development as* stance for Section 3 covered projects. si Resvondent means any recipient or -contractor against TVhich a complaint of noncompliance has been filed. Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended. Section 3 Appeal Panel means a three member group which upon request reviews determinations of the Section 3 Director on matters related to compliance, complaints, or alleged noncompliance. Members of the panel are: a) Executive Director of the Office of Strategic Planning, or said Executive Director's designee; b) BMIIA's Executive Director, or said Executive Director's designee; J r 2 130 c) a Chair mutually agreed upon by and between the Mayor of-, City and the BM 's Executive Director. w1po I I � 11111il -W M-WOM Section .3 Clause means the contract provisions set, forth in Part B, ,paragraph IV. Section 3 Covered ELigjcect means the construction, reconstruction, conversion or rehabilitation of housing (including reduction and abatement of lead-based paint hazards), other public construction —which includes -- building or improvements any improvexnents� regardless of ownership, aided by housing or co unity development assistance. Section 3 Director means Mayor's designated appointee assigned in the office of MOCC to implement Section 3. Section 3.Loint Venture means an association of business concerns, one of which qualifies as a Section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or permanent basis for conducting business generally, and for which the Section 3 business concern is: City or Buffalo Section 3 Program May 8, 1997 9 a) Responsible for a dearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and b) Performs at least 40 percent of the work and is contractually entitled to compensation proportionate to its work. Section 3 Resident means a person who resides in a City of Buffalo Community Development Block Grant neighborhood, or is a resident • any BMHA housing or a property managed by the BMHA and who a) a low income person, meaning families (including sin e persons). -whose incomes dd not exceed 80,percent of median, Iainily income for the metropolitan area,' as deternlied by the Secretary of HUD; or Step-u,2 Pro-gram means a two year building maintenance repairer apprenticeship program certified by the New York State Department of Labor with a one year step-up term approved by HUD. City of Buffalo Section 3 Program May 9, 1997 10 functions FMI The -a to the implementation and enforcement of program are de • - to the City of Buffalo's Office of,.Contract • i •• Dixector. decisions of.the Section -Director regarding requests formdiver or modification of e of •_g • . appeal • •n i forth -matters may determination on complaints or compliance be;taken in the manner set below. Nothing herein is intended to relieve a recipient or contractor from other Federal State or local laws or requirements which may also -b - tur applicable • the economic opportunities generated from the expendi of • assistance. City of BUITal. Section J P,agam May 8, 1997 11 PART B: ECONOMIC OPPORTUN=S FOR SECTION 3 RESIDENT S AND SECTION 3 BUSINESS CONCERNS 1. Procedures and Goals aft R The City of Buffalo, as recipient of HUD assistance demonstrates its compliance with the "greatest extent feasible" requirement of 24 CFR, Part 13S regarding the provision of training, employment, and contracting opportunities to Section 3 residents and Section 3 business concerns by: b) .35 percent of the work hours in 'each tTaide for work to be performed on Section 3 covered projects for the one y ear period beginning October 1, 1995; c) 40 percent of the work hours in each trade for work to be performed on Section 3 covered projects for the period beginning October 1, 1.996, and continuing thereafter. 2. Adopting hiring -goals for all new hires on Section 3 covered projects as follows: a) 30 percent of the aggregate number of new hires in each trade for the one year period beginning October 1, 1994; b) 35 percent of the aggregate number of new hires in each trade for the one year period beginning October .l, 1995; c) 40 percent of the aggregate number of new hires in each trade, for the period beginning October 1, 1996, and continuing thereafter. 3. Adopting training goals for each contractor working on a Section 3 covered project as follows: City of Buff.[. Section 3 Program May 8, 1997 t2 134 a) when the work force of a contractor reaches four individuals, at least one of those persons shall be a Section 3 resident who is enrolled in an approved program certified by the New York State Department of Labor or HUDs Bureau of Apprenticeship and Training; b) when the work force of a contractor reaches eight individuals, at least two of those persons shall be Section 3 residents who are enrolled in an approved program certified by the New York State Department of Labor or HUD's Bureau of Apprenticeship and Training; c) When .,the work force of a contractor reaches twelve- individuals, at least three of those persons= s- shall'-be'. Section 3 residents who are enrolled ire.. an. approved program certified by the New York State Department of Labor or HUD's Bureau of Apprenticeship and Training; d) for each five workers employed thereafter, at least one shall be a Section 3 resident;_;-, - e) the hours of training and employment of these Section 3 residents shall be substantially uniform throughout the length of the work on a Section 3 covered project; f) it shall be the responsibility of any contractor to ensure its subcontractors comply with the above goals. 4. Awarding Section 3 business concerns at least 20 percent of the total dollar amount of all Section 3 covered projects. S. Awarding at least 15 percent of the total dollar amount of all other Section 3 covered contracts to Section 3 business concerns. 6. Facilitating the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns by assisting and actively working with recipients, contractors and subcontractors in obtaining compliance of contractors and subcontractors with the requirements of this program, and refraining from entering into any contract with any contractor where it has notice or knowledge that the contractor has been found in violation of this program, and/or any provision of 24 CFR Part 13S. City of Buffalo Section 3 Program May 8, 1997 13 5 7. Supporting organizations whose membership includes significant numbers of Section 3 business concerns, such as, but not necessarily limited to, the Nubian Contractors Association, the Buffalo Economic Development Corporation, and the Alliance for Minority and Women Enterprise Development. The City reserves the right to provide this support directly or provide other needed incentives to non" Section 3 business concerns so as to generate other economic opportunities consistent with this program. 8. Adopting alternate strategies for the awarding of contracts to ensure geographic preference for Section 3 business concerns. .9. Tomoting su a=. P support for, and utilizing -step-up progr 10. After selection of bidders but prior to execution of, contracts, ..incorporating - into the contract a negotiated provision for a specific number of Section 3 residents to bet trained or ...employed on the Section 3 covered assistance. 11. Coordinating plans and implementation of economic 'd (e.g-, job training and. ,. preparation, business development assistance for residents) with planning for -.housing anal .co mmunity development. j In the absence of evidence to the contrary, a recipient or contractor that meets the minimum goals set forth in this -part will be considered to have complied with the Section 3 program requirements. C. Good Faith . Recognizing that immediate compliance with the above goals may prove difficult in some case, the following is provided: I. Recipients of Section 3 covered community development assistance, and - their contractors, and subcontractors not meeting the goals of this program may demonstrate a "good faith " attempt to meet those goals by developing a program, acceptable to the Section 3 Director, committed to employment of Section 3 residents as employees, and/or apprentices, and utilizing Section 3 business concerns, in a 1A City of Buffalo Section 3 Program May 8, 1997 14 manner reasonably calculated to meet the program goals in the shortest feasible period of time. f) advertising the training and employment positions by distributing, and posting flyers which identify the positions to be filled, the qualifications required;' and where to acquire additional information about the application process may be obtained in (1) the co on area or other prominent areas of the community development block grant neighborhoods and the service area of the Section 3 covered project, and (2) all BMFfA occupied dwelling units. g) sponsoring or participating in job informational meetings to be conducted by City or its designee at a location where` Section 3 persons reside or in the City of Buffalo Scction 3 Program May 8, 1997 15 137 neighborhood or service area of the Section 3 covered project; such participation may include the scheduling, advertising, financing or providing in-kind services for such meetings; h) arranging for locations in the immediate area where Section 3 residents reside, or the neighborhood or service area of the project where job applications may be delivered and collected by a recipient or contractor representatives; a) adopted alternate strategies for the awarding of contracts to ensure geographic preference for Section 3 business concerns; b) contacted business assistance agencies, minority contractor associations, and community organizations to inform them of the contracting opportunities; c) contacted resident management councils, and tenant organizations, requesting their assistance in identifying Section 3 business concerns; d) following up with Section 3 business concerns that have expressed an interest in the contracting opportunities by providing any additional information needed to avail themselves of such opportunities; City or Buffalo Section 3 Program May 8, 1997 16 138 City of Buffalo Section 3 Program May 8, 1997 17 D. Awarding of Contracts b) does not exceed the total price of the,, lowest responsive bid from any responsible bidder above the applicable percentage listed below:. City ofDufralo Section 3 Program May 8, 1997 1 s Section 3 Business Category When the loWe responsive bid is: 1 11 Ell 17V W Less than $100,000 10% 9% 8% 4% At least $100,000 but less than $200,000 .9% 8% 7% 3.5% At least $200,000 8% 7% but less than $300,000 6% 3.0% - - At least $300,000 but less than $400,000 7% 6% 5% 2.5% At least $400,000 but less than $500,000 6% 4% 2% At least $500,000 but less than $1 million -- S% S% 4% 1.5% At least $1 million but less than $2 million 4% 3% - 2% 1% At least $2 million but less than $4 million 3% 2% 1% .7% At least $4 million but less than $ 7 million 2% 1% .9% S% $ 7 million or above 1.5% .9% 1 .7% .3% City ofDufralo Section 3 Program May 8, 1997 1 s Cate o PA The award shall be made to the responsible firm whose offering is the most advantageous, considering price, and all other factors specified in the rating system. Cit o r a u rr a jo Section) Program May 8, 1997 19 141 b) Participants in HUD Youth Build programs( category 2 residents) d) other Section 3 residents 2. Recipients of housing assistance programs may, at their own discretion, provide preference to residents of the housing development receiving the Section 3 covered assistance within the service area or neighborhood where the Section 3 covered project is located. 3. Recipients of community development programs may, at their own discretion, provide priority to recipients of government assistance for housing, including recipients of certificates or vouchers under the Section 3 covered project is-located. City of Buffalo Section 3 Program May 9, 1997 20 142 B. Eligibility for Preference® Section 3 residents seeking a preference in training and employment provided by this program shall certify, or submit evidence to the City of Buffalo, that he /she is a Section 3 resident, as defined by this program. C. Elibility for plo.ent Nothing in this program shall be construed to require the employment of a Section 3 resident who does not meet the qualifications of the position to be filled. City of Buffalo Section 3 Program May 9, 1997 21 111. Preference for Section 3 Business Concerns in Contracting op ortunities. Recipients, contractors and subcontractors shall direct their efforts to award Section 3 covered contracts, to the greatest extent feasible, to Section 3 business concerns in the order priority as follows: In housing and community development programs, priority consideration shall be given, where feasible, to: A business concern seeking to qualify for a Section 3 contracting preference shall certify or submit evidence, that such business concern is a Section 3 business concern as defined in this program. Such concern must be certified as a Section 3 business by the Section 3 Director of the City of Buffalo Mayor's Office of Contract Comphance. City of Buffalo Section 3 Program May 9. 1497 22 t YJ B. The parties to the contract agree to comply with both HUD and. City of Buffalo regulations iinplementing Section 3; whenever there exists a divergence in the goals set out in those regulations, the City of Buffalo's regulations shall be controlling. As evidenced by their execution of this contract, the parties hereto certify that they are under no contractual or other impediment that would preVent them from complying with such regulations. C. The contractor agrees to send to each labor organization or workers' representative with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and Will post copies of the Section 3 notice in a conspicuous place at the work site where both employees and applicants, for training and employment positions can see the notice. The notice shall describe the Section 3 preferences, shall set forth the minimum number of job titles subject to hire, availability of apprenticeship and training City of Buffalo Section 3 Program May 8, 1997 23 145 IJ positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the and the anticipated to the work shall begin. City of Buffalo Section 3 Program May 8. 1997 24 146 M Id. City Of Buffalo Section 3 PrOglam May 8. 1997 25 14 1 ;;1 1 q;LT URT ii Rut The purpose of the following is to establish the procedures for handling complaints alleging noncompliance with this program, applicable HUD regulations, and the procedures governing the Section 3 Director's review of a recipient's or contractors compliance vAth this program. The Section 3 Director shall periodically conduct Section 3 compliance reviews of selected recipients and contractors to determine whether they are in compliance with the regulations in this program City of Buffalo Section 3 Program May 8, 1997 26 D. Continitin g__N_OnQO_3MlIanCe- A continuing failure orrefusal by the recipient or contractor to comply-with these regulations shall result in the application of sanctions specified in the contract through which assistance is provided. In the alternative, the Section 3 Director may elect . to; .apply the sanctions specified in the federal regulations governing: the HUD program under which HUD financial assistance is provided. The Section 3 Director shall notify a recipient of any continuing failure or refusal by any of its contractors to comply with the regulations in this program for possible action under ., any procurement contract between the recipient and the contractor. Debarment, suspension and limited denial of participation pursuant to the City of Buffalo's regulations, where appropriate,: may be applied to the recipient or the contractor. Mwo, M 7 8 r-xm -JA Section 3 compliance reviews may be conducted before the award of contracts, and especially where the Section. 3 Director has reasonable grounds to believe that the recipient or contractor will be unable or unwilling to comply with the requirements in the program. City or Buffalo Section 3 Program May 8, 1997 27 IV. FA The following individuals and business concerns may, person?_1'y or through an authorized representative, file with 'the Section 3 Director, a complaint alleging noncompliance with Section 3: U] A complaint must be filed with the City of Buffalo OCCs Section 3 Director 1. A complaint must be received not later than 60 days from the date of the action or omission upon which the complaint is based, unless the time for filing is extended by the Section 3 Coordinator for good cause shown. 2. When a complaint alleges noncompliance with Section 3 and these regulations are continuing, as manifested in the number of incidents of alleged noncompliance, the complaint will be timely if filed within 60 days from the date of the last alleged occurrence of noncompliance. 3. Where a complaint contains incomplete information, the Section 3 Director shall request the needed information from the complainant. In the event this information is not City of Buffalo Section 3 Program May 8. 199 28 dA furnished to the Section 3 Coordinator within 30 days of the iate of request, the complaint sh�Lll be deemed abandoned, r f no f urt h er act 1 0 13 « , 1tt f , Each c shall be t d b y the c omplainant, •' i nc l ude : a) the c omplainants +, • add ress; 2. If the recipient believes that the complaint lacks merit, within 20 days of the date of receipt of the complaint, the recipient shall notify the Section 3 Director, in writing, setting forth its positions, together with supporting reasons. 3. If the recipient determines that there is merit to the complaint, the recipient will have 20 days from the elate of receipt of the complaint to resolve the matter with the complainant. At the expiration of the 20 day period, the recipient must notify the Section 3 Director in writing whether a resolution has been reached. If such resolution has i 219 city or Buffalo Section 3 Program May 8, 1997 151 been reached, the notification must be signed by both the recipient and the complainant, and must summarize the terms of the resolution reached between the parties. 4. Any request for an extension of the 20 day period by the recipient must be submitted in writing to the Section 3 Director, and must include a statement explaining the need for the extension. ; -1 -10 1 I - Where a complaint has not been resolved in a manner indicated above, the Section 3 Director shall determine a just resolution to the complaint. Such resolution shall be in accordance with requirements and procedures concerning the imposition of sanctions or resolutions as set forth in the regulations governing the program under which, the Section 3 covered assistance was provided. The imposed resolution will become effective and binding at the expiration of IS days following mailing of notification to the respondent and complainant, by certified mail, unless either party appeals the resolution before the expiration of such 15 days. Any appeal shall be in writing. The original shall be filed with the Section 3 Director and shall include the City of Buffalo Section 3 Program May 8, 1997 30 basis for the appeal. Copies of the appeal shah also be served on the respondent or complainant, as the case may be. 4. Section 3 Appeal Panel a) Members a) The appeal panel shall consist of the Executive Director of the Office of Strategic Planning, or his /her designee; the Executive Director of the Buffalo Municipal Housing Authority, or his/her designee; and a Chairperson agreed upon by the Mayor of City and the Executive Director of the Buffalo Municipal Housing Authority. In the event that said Executive Director fails, within 5 days, to veto in writing, any person recommended by the Mayor, the individual so recommended shall be deemed selected. The appeal panel shall hear the appeal of any decision rendered by the Section 3 director. b) Procedure (1) The- Appeal Panel shah issue a letter to the appellant and opposing party where appropriate, stating the date, . time and location of the hearing; (2) The hearing will be an informal meeting, and all parties will have an opportunity to respond, both in person, and in writing, and to present relevant information and arguments. (3) The decision of the Section 3 appeal panel shall be rendered in writing within 20 days of.'the close of the hearing. City of Buffalo Section 7 Program May 9, 1997 31 Sanctions that may be imposed upon recipients for noncompliance include debarment, suspension and denial of participation in City of Buffalo programs. No recipient or other person shall intimidate, threaten, coerce, or discriminate against my person or business because such person or business has made a complaint hereunder, or has testified, or otherwise assisted or participated in - any--Manner with an ding, or undert -.,program. The investigation,*�.procee identity of compl shall,be kept confidential, except to the extent Recessary to carry out the - purpose of this 'Trogram, includini the conduct of any:,investigatio-n, hearing- or judicial proceeding arisipg.thereunder. IMMERM �-� Nothing herein. precludes or otherwise limits - the ability of any individual or entity from exercising the right to seek relief, which may otherwis.e be available. As Chief Executive Officer of The City of Buffalo, I hereby affirm and fully support this Section 3 policy , and state that the necessary efforts will continue to be extended to ensure that -- the -- obligations- and - objectives of Section 3 of the Housing and Urban Development Act of 1968, as amended, are met. DIJA City of Buffalo Section 3 Program May 8, 1997 32 1 51 No. ,. By Mr. Thompson Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for By Councilmember -<- c {tom a� + aj 1 i -' 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 Titu of Tsuffato c9ammott (91jund"I Whereas. At the regular meeting of the Common Council of the City of Buffalo, held on Tuesday, December 26, 2006, the following resolution was unanimously adopted, sponsored by Councilmember David A. Franczyk: On January 4, 2001 the Buffalo Common Council unanimously appointed Antoine M. Thompson Masten District Council Member. Upon winning the general election of November 2002, Mr. Thompson was sworn into office in January 2003 to a full four year term as Masten District Council Member; and Whereas: Mr. Thompson a Buffalo University of New York-C( of Ghana, West Africa ort aj related to Black' thealo6 " Whereas: Prior on Whereas: : .WK Tu*bsOn served as an Whereas: Whereas: Now, Therefore, Be It-Resolved : That the rtaerrtbei City of Bu ffa ,o -,c <. for his tremend( Council Member I y ,gavid A. Franczyk, Council Pre: has the York Senate. the Jr. Richard A. Z'ocurto a" Michael J. , - ,i,seph Golombek J Bonnie E. Russell of Science degree in History from State _ 4, Mr„ Thompson studied at the University ge, wl e he presented papers on si.�bjects - council Membek, 1Y h ...... forked as the Executive `ives Inc. an ec oration that focuses iness develo,�ment aid t1rto a tz policy issues. Mr. ive Assistant tv the B?lffla z�tttozcil's Central Staff zmittee on and I tirelessly city service New York, Heisa i and a elected Mr a, o balf of the citizens of the arts ta,A1VTOlNE M. THOMPSON 7rd of service as Masten District 1 ( 1 Brian C. Davis ichael Kearns Gerald Chwalinski, City Clerk BY: ANTOINE M. THOMPSON Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Margaret Murphy Maria Pietras Leslie Sickau Tracy Caldarella Lynette Gospodarski Clara Sciandra Kathleen Grabiec Linda Deguire James Jackson Sr Albert Steele Sherry Smith Grace Campanella Frank Marks Alfred Melchiorre Lisa Gangloff Renee Rechan Irene Morris Total: 17 :I•' D BY: ANTOINE M. THOMPSON Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Nancy Schmelzer James Brem Susan Hughes Patrick Lewis Brian Martinez Edwin Ortiz Joseph Tomizzi Michael Merriweather Sr Gary Ziolkowski Paul Wie Ronald Sokolowski Larry Schiavone Sandra Roessler Steven Pied Katherine Orlando Charles Moore Lawrence Michalski Timothy McCarthy Kevin Luthringer Dwain Laws David Krug Timothy Keenan Brian Hayden David Granville James Gallagher Robert Felschow Jr Judy Doyle Frank DiGennero Kevin Coyne James Carr Robert Barrali Anthony Ando Barbara Reif Michelle Thompson Randall Burgio Michael Garrity Richard Waite Susan Anderson Cheryl Kane Michael Lombardo Ronald Morganti Jill Parisi Garnell Whitfield Jr Tyrone LaMar Hargrove David Zofuto Betty Tryjankowski Nancy Smardz JosephSchiavone John Plevniak Louis Petrucci Richard Ogorek Jr Pamela Mix -Rush Holly McNamara William Mara Patrick Lonergan Joseph Latona Arthur Kostrzewa Robert Katilus Donald Grzebielucha Kevin Gould Kevin Fitzgerald Gary Fazio Charles DiSalvo Ronald Deschenes Ronald Collins Thomas Brodfuehrer Richard Balesteri Elizabeth Martina Linda Rautenstrauch William Barto Joseph Catanzaro Christine Herring Christopher Savage George Arthur Jr Sandra Karn Joseph Marchitte James O'neil Garnell Smith Pamela Zawistowski Mary Zizzo David Wischnewski Michael Sullivan Michael Schieber Marilyn Ruggiero David Pierowicz Stefania Ovak Michael Muscarella Paul Mielearek Raymond McGurn William Manuszewski Joseph Licata Tracy Krug Peter Klemann Brian Higgins David Grundy David Gilmur Vince Ferraraccio Anthony Fanti Frank DiJames Timothy Curtin Paul Clift Mark Blake Jason Bailey Shelley Laudico Tami Burns- DiCioccio Diane Wicher Chris Chiodo John Herritage IV Fred Jones III Richard Lewis David Wayne Theresa Farrell Pamela Grzebielucha Francisco Guzman Christine Kasianowicz Jay Duderwick Thomas Smith Nicole Drye Dana Bobinchek Kathleen Fulle Ann Burka Shirley El-Amin Diana Foster Kenneth Kerr Jodi Lombardo Mia Moore Ndidi Nwabugwu Greg Rodemeyer Paula Sebastian David Williams TOTAL 175 Marty Jones Joseph Riga Gayle Syposs Maria Scinta Marianne DeMarco Sandra Miller Pamela Walker - Jarmon Rise - Geller - Alongi Otis Barker Jessica Maglietto Barbara Kloberdanz Sharon Bardo Audrey Cannizzaro Peggy Feldmann Elaine Garbe Peter Lane Stephanie Masiello Arinna Neal Millard Perry Denise Sanchez Lawrence Sherlick Gaynell Williams Philip Karaszewski Christine Southerland Thomas Marchese Phillis White Evelyn Rodriguez John Lynch Lawrence Tyler Robert Kreutinger Melanie Greg Steven Casey Peter Cutler Maureen Brinkworth Rhonda Cannon Sharon Fortunato Melinda Hill Doreen Leidolph Catherine McNaughton Sharon Nelson Suzanne Piccolo Arlene Sciandra Nancy Uzdygan Chet Wrobel 0191SHW UNFINISHED BUSINESS IA r < No. Local Law Intro.# 18 (2006)-Vacancies in the Common Council ( #x' 9 ,12/ 12) Mr. Bonifacio now moved that the above item be taken from the table. Seconded by CARRIED. Mr. Bonifacio now moved approval of said item. Seconded bye °` PASSED. AYES-9. NOES-0. low@ '40 �r� 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 Tuesday, Jan. 2, 2007 at 9:45 o'clock A.M. Tuesday, Jan. 2, 2007 at 10:00 o'clock A.M. Tuesday, Jan. 2, 2007 at 1:00 o'clock P.M. Tuesday, Jan 2, 2007 at 2:00 o'clock P.M. (Public Disclaimer All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. Adjournment On a motion by Mr. Seconded by the Council adjourned at P.M. k / 0 --/, UA P�"v 44�