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HomeMy WebLinkAbout06-1128CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 28, 2006 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, e4l & Thompson - Absent - Ae t , On a motion by Mr. Bonifacio, Seconded by Mr. Fontana, the minutes of the stated meeting held on November 14, 2006 were approved. [3/4- 7] *A E* NO BONIFACIO ** * DAVIS * * FONTANA * * * FRANCZYK * ** * GOLOMBEK KEARNS * * LOCURTO * * * THOMPSON * * * * * * [-------- - - - - -] [ MAJ - 5 ] * $ * 0 [2/3 - 6] [3/4- 7] FROM THE MAYOR Hon. Eliot Spitzer 330 Madison Avenue 19 Floor New York, NY 10017 BYRON W. BROWN MAYOR Dear Governor- ct Spitzer, I am writing on a matter of critical importance to Buffalo and Western New York. As we discussed during your visit to Buffalo last week, the Berger Commission is going to release its report at the end of November or early December of this year. You will be expected to face very difficult questions involving the implementation of this report during the first days of your administration. I have met with the leaders of the Catholic Health System, the Erie County Medical Center Healthcare Network, Kaleida Health and Sheehan Memorial Hospital to discuss the potential impact of the Berger Report to our community. They have agreed on a number of principles listed below and are comfortable in the knowledge that I am sending you this letter on their behalf. Although I do not know the contents of the Berger Report, I am certain that it will be important to our future. If its results are sound, if it is implemented in a thoughtful and sensitive manner and if there are sufficient resources to carry it to completion, and it contains a strategy to minimize or prevent job loss, we may have a far better health care system in our community. The implementation of recommendations from this report will impact the quality of health care, the costs of basic services and the image of our area in the national marketplace. A first -rate health care system and its costs are key components of a robust regional economy. All parties agree that improvements to the current system are required. We must find ways to raise the funds needed to safeguard and improve our current system of health care, to provide for the transformation to a globally competitive world -class health care program, and to support those who are involved in the transition. Sufficient Funding- Under all likely scenarios it will be necessary to obtain very significant new funds for our area's health care system. Transition and transformation will require multi -year funding in the hundreds of millions of dollar range. It is preferred that funds be provided as incentives to regions that will induce rather than require changes. I believe our health care systems are prepared to collectively find a way to move forward if the stage is properly set and there are 65 NIAGARA SQUARE / 201 CITY HALL / BUFF.AJ O, NTY 14202 -3392 / (716) 851 -4841 F _ %: (716) 831 -4360 / m-a— .6 c- buffalo.com assurances regarding the financial situation of all parties. Commencing a process of fundamental change where the needed funds are not available when needed could prove to be very harmful to all of our health care systems and to the overall process of improvement. Needs of Underserved- A large portion of the City of Buffalo has been designated as medically underserved due to the acute barriers to health care faced by City residents. In Buffalo, for example, mortality rates from heart disease are 20 percent higher than the New York State average. There is also a high prevalence of chronic disease among City residents leading to hypertension - related hospitalization rates that are 50 percent higher than the statewide average. Diabetes- related hospital admissions are 30 percent higher than the overall rate in the state. Moreover, teen pregnancy and infant death rates in Buffalo are among the highest in the State. Implementation of the Berger Report must result in improved health care and better clinical outcomes for Buffalo's underserved populations. Any other outcome would be unacceptable. Stability During Change- It is critical that the release of the Berger Report and the subsequent media attention not destabilize the ongoing operations of health care facilities and systems. Any statements regarding the planned closing of a hospital could precipitate a mass exodus of professional staff looking for more secure positions, perhaps outside our area. I therefore request that when the Berger Report is released you provide assurance that the Report's recommendations will not be implemented immediately, but rather will undergo what will likely be a multi -year process of review and implementation. The steps involving implementation by the Health Department should be specified along with a timeline that will show how complex this process will be. Certificate of Need Process (CON)- This process should be streamlined so that the needed approvals can be obtained rapidly rather than take the current multi -year process and at the same time altered to prevent approvals that are inconsistent with an approved plan for a region. There might be a need to place a moratorium on certain CONs to prevent unfair competitive behavior of health care providers not affected by the Berger Report while major health care systems are undergoing complex changes. Changes in Long -Term Care- It is important that the expected changes in long -term care be considered as part of this process. As patients are discharged from hospitals, it is very difficult, especially for low- to middle income residents, to obtain care in another facility. There are insufficient long -term care beds serving the city and there are not any high -level care facilities in Buffalo. Recommendations should not be implemented if there is a possibility the status of long -term care remains stagnant or deteriorates. Community and Individual Transition- As part of the implementation strategy the state should implement significantly funded, well conceived multi -year efforts to support communities and individuals who will be adversely affected by the changes that are expected. Communities and neighborhoods might have the very underpinning of their commercial districts impacted. Doctors and other professional service providers and their building owners may find themselves isolated from their patients and the hospitals that they serve. Thousands of individuals, many in their middle years with limited education, may find themselves in need of employment. These people will require the upgrade of their skills, support during the transition, capital to commence new business ventures and aggressive help in the location of new employment opportunities. We are prepared to work with your administration to improve our health care system. We know that hard decisions are called for. We also know that just because a decision is hard it does not mean it is appropriate or in the best long -term interest of a community. We are committed to finding and then implementing the correct balance for our region. incerely Yours, By n W. Brown Mayor - cc: James R. Kaskie, President & CEO, Kaleida Health Sheila K. Kee, President & CEO, Sheehan Memorial Hospital Joseph D. McDonald, President & CEO, Catholic Health System Michael A. Young, CEO, Erie County Medical Center Healthcare Network a CITY OF BUFFALO NE y; BYOON W. BROWN MAYOR The State of Emergency declared in the City of Buffalo on October 13, 2006 at 4:30 a.m., October 18, 2006, October 23, 2006, October 28, 2006, November 1, 2006, November 5 and November 10 is hereby extended as of November 15, 2006 pursuant to Section 24 of the New York State Executive Law. This State of Emergency has been declared due to hazardous conditions that remain from the storm of October 12, 2006. This situation continues to threaten the public safety. This State of Emergency will remain in effect until rescinded by a subsequent order. As the Mayor of the City of Buffalo, I, Byron W. Brown, exercise the authority given me under section 24 of the New York State Executive Law, to preserve the public safety and hereby render all required and available assistance vital to the security, well being, and health of the citizens of this City. I hereby direct all departments and agencies of the City of Buffalo to take whatever steps necessary to protect life and property, public infrastructure, and provide such emergency assistance deemed necessary. (Signature): ,:1 (Title): IV( (Date): 0 RECEIVED IL 65 NIAGARA SQUARE / 201 CITY HALL / BUFFALO, NY 14202 -3392 / (716) 831 -4841 FAX: (716) 831 -4360 / w wxity- buffalo.com CITY OF BUFFALO BYRON W. BROWN P MAYOR The State of Emergency declared in the City of Buffalo on October 13, 2006 at 4:30 a.m., October 18, 2006, October 23, 2006, October 28, 2006, November 1, 2006, November 5 and November 10, and November 15 is hereby extended as of November 20, 2006 pursuant to Section 24 of the New York State Executive Law. This State of Emergency has been declared due to hazardous conditions that remain from the storm of October 12, 2006. This situation continues to threaten the public safety. This State of Emergency will remain in effect until rescinded by a subsequent order. As the Mayor of the City of Buffalo, I, Byron W. Brown, exercise the authority given me under section 24 of the New York State Executive Law, to preserve the public safety and hereby render all required and available assistance vital to the security, well being, and health of the citizens of this City. I hereby direct all departments and agencies of the City of Buffalo to take whatever steps necessary to protect life and property, public infrastructure, and provide such emergency assistance deemed necessary. (Signat (Title): (Date): fi RECEIVED AND IL 65 NIAGARA SQUARE / 201 CITY HALL /BUFFALO, NY 14202 -3392 / (716) 831 -4841 FAX: (716) 831 -4360 / v- ,vw.citj -buff do.com FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD TO: CITY OF BUFFALO COMMON COUNCIL DATE: November 9, 2006 Department: City Planning Board SUBJECT {: Downtown Renewal Project Urban Renewal Plan Phase IV {: Additional site designation {: Planning Board Approval The City Planning Board at it's meeting on November 8, 2006 adopted the Downtown Renewal Project Urban Renewal Plan Phase IV amendment as appropriate for Urban Renewal Treatment to the Project area. Susan Hoyt offered the resolution, seconded by Horace Gioia and moved for its adoption: We, the duly appointed members of the City of Buffalo Planning Board, acting in accordance with Section 505, Article 15 of the General Municipal Law of New York State, do this 8th day of November, 2006 adopt the following resolution: WHEREAS, the Office of Strategic Planning has recommended that the Downtown Renewal Project Urban Renewal Plan Phase IV Amendment, consisting of all that tract of land bounded by the street centerlines of Ellicott Street on the east, Eagle Street on the south, Washington Street on the west, & Clinton Street on the north, be designated as appropriate for Urban Renewal treatment; and WHEREAS, the project area has been found to suffer from blighting conditions and is seen as an integral part of the Downtown core revitalization area, and WHEREAS, a public hearing on the matter was held upon due notice before the City Planning Board in City Hall Room 901 on November 8, 2006 at 8:30a.m., at which the proposed Urban Renewal Plan Amendment was presented and explained in detail, and those desiring to be heard were heard, NOW THEREFORE BE IT RESOLVED, that we the duly appointed members of the City Planning Board of and for the City of Buffalo, do hereby report to the Common Council and certify our unqualified approval of the Downtown Renewal Project Urban Renewal Plan Phase IV Amendment, as defined in Subdivision 3 of Section 502, Article 15 of the New York State Municipal Law and do hereby designate the area, pursuant to Section 504, Article 15 of the New York State General Municipal Law, as being appropriate for Urban Renewal treatment; and BE IT FURTHER RESOLVED, that, the Director of the Office of Strategic Planning is hereby directed and authorized to prepare the Downtown Renewal Urban Renewal Project Area. AYES: Messrs. Lyons, & Morrell, & Gioia Ms. Hoyt & Mrs. Schwartz NAYS: None ABSENT: Messrs. Manuel & Burns Cc: Corporation Counsel Peter Savage Planning Board Chairman: Frank Manuele REFERRZED TO THE cOMMITTEE - DEVELOPMENT. 7 FROM THE OFFICE OF STRATEGIC PLANNING # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: November 16, 2006 FROM: DEPARTMENT: STRATEGIC PLANNING DIVISION :Real Estate SUB [ :REQUEST TO AMEND LDA JEC P� [: 844 -864 MAIN STREET LLC 800 MAIN STREET 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 800 Main Street LLC (hereinafter referred to as "Redeveloper) and /or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper of the properties known as 844 -864 Main Street. The Agency entered into a Land Disposition Agreement (hereinafter referred to as "LDA) with Redeveloper on August 28, 2005 for the sale of 844 -864 Main Street which consisted of six (6) vacant severely dilapidated mixed use commercial /residential vacant buildings on the corner of Main and Virginia Street. Pursuant to Part 1, Section 4 of the LDA, the project consisted of the following: the demolition of the rear one -story section of all properties; rehabilitation of the first floor commercial spaces in 844 -862 Main Street for commercial reuse; rehabilitation of all second and third floor spaces, and the entire building at 864 Main Street, to provide for twenty -nine (29) apartments; renovation and expansion of the existing parking area at the rear of the properties to provide parking for approximately thirty -one (31) vehicles; landscaping, public utility improvements; exterior lighting; sidewalk, curb and driveway improvements; new fencing and signage. All improvements have been completed pursuant to the terms of the LDA with the exception of the number of apartment units. The Redeveloper was responsible for constructing twenty -nine (29) apartment units but has reduced the number to twenty - eight (28) apartment units. The Redeveloper combined two (2) units to one larger unit due to market demand for larger apartment sizes. The total square footage of residential space constructed, however, has remained the same. This reduction in the number of apartment units from twenty -nine (29) to twenty -eight (28) necessitates the need to amend the LDA. The Agency has also determined that the proposed Amendment No. 1 to Part 1 of the Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest 11 of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Amendment No. 1 to Part 1 of the Land Disposition Agreement 4. Land Disposition Agreement dated August 28, 2005 After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the Amendment to the Land Disposition Agreement. REFERRED TO THE COMMITTEE ON SIGNATURE OF DEPARTMENT HEAD: TYPE DEPARTMENT HEAD NAME: TIM THY E. WANAMAKER TYPE TITLE: Executive Director `-F- 7'"R TO THE COMMITTEE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT URBAN RENEWAL PROGRAM AMENDMENT NO. I TO PART 1 OF STANDARD FORM OF CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT Amendment No. I to Part 1 of Contract of Sale of Land for Private Development by and between the City of Buffalo Urban Renewal Agency and 800 Main Street LLC, Redeveloper AMENDMENT NO. 1 TO PART 1 OF CONTRACT OF SALE OF LAND FOR PRIVATE DEVELOPMENT BY AND BETWEEN THE CITY OF BUFFALO URBAN RENEWAL AGENCY AND 800 MAIN STREET LLC, REDEVELOPER THIS AMENDMENT No. 1 to Part 1 of the Contract of Sale of Land for Private Development by and between the City of Buffalo Urban Renewal Agency (hereinafter called "Agency ") and 800 Main Street LLC (hereinafter called "Redeveloper ") is made as of this day of , 2006; WHEREAS, the Agency and the Redeveloper entered into a Contract for the Sale of Land for Redevelopment consisting of Parts 1 and 2 of HUD Form 6209 -b, and 969 dated as of August 28, 2005 (the "Contract "); WHEREAS, the Agency and the Redeveloper desire to amend Part 1 of the Contract to reflect certain changes in the Redeveloper's project. NOW, THEREFORE, in consideration of the foregoing, the parties heretofore agree as follows: 1. Section 4 of Part 1 - Time for Commencement and Completion of Improvements shall be amended to read as follows: The construction or rehabilitation of the improvements referred to in Section 301 of Part II hereof shall be commenced in any event within thirty (30) days after the date of Deed, and except as otherwise provided in this Agreement shall be completed within nine (9) months after such date. Redeveloper herein agrees that it shall not use or permit the Property to be used for any purpose other than the construction of a combination of commercial /retail and residential development (hereinafter referred to as the "Project "). The Project will consist of the following: the demolition of the rear one -story section of all the properties; rehabilitation of the first floor commercial spaces 844 -862 Main Street for commercial reuse; rehabilitation of all second and third floor spaces, and the entire building at 864 Main Street, to provide for twenty eight (28) apartments, renovation and expansion of the existing parking area at the rear of the properties to provide parking for approximately thirty one (31) vehicles; landscaping, public utility improvements; exterior lighting; sidewalk, curb and driveway improvements; new fencing and signage. Notwithstanding anything to the contrary contained herein, it is acknowledged and agreed that, provided Redeveloper has completed the initial demolition and stabilization work with respect to the first floor commercial space, Redeveloper need not complete the renovation of such first floor commercial space until the end of the twenty fourth (24 month following the delivery of the Deed. 2. No Further Change All other provisions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the Agency has caused this Agreement to be executed in its name and on behalf of its Vice - Chairman and the seal to be hereunto duly fixed and the Agency and Redeveloper caused this Agreement to be duly executed in its name and on its behalf as of the date of the first above written. AGENCY: CITY OF BUFFALO URBAN RENEWAL AGENCY TIMOTHY E. WANAMAKER Vice - Chairman REDEVELOPER: 800 MAIN STREET LLC BENJAMIN OBLETZ STATE OF NEW YORK ) COUNTY OF ERIE } On the day of , 2006 before me, the undersigned, a Notary Public /Commissioner of Deeds in and for said City, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC /COMMISSIONER OF DEEDS STATE OF NEW YORK ) COUNTY OF ERIE ) On the day of , 2006 before me, the undersigned, a Notary Public /Commissioner of Deeds in and for said City, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC /COMMISSIONER OF DEEDS URBAN RENEWAL PROGRAM PART I OF STANDARD FORM OF CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT. PART I OF CONTRACT F.OR . SALE OF LAND FOR PRIVATE REDEVELOPMENT BY AND BETWEEN CITY OF BUFFALO URBAN RENEWAL AGENCY D 800 MAIN STREET LLC REDEVELOPER I SE! PAGE 1. PURCHASE PRICE 3 2. CONVEYANCE OF PROPERTY 3 3. LIQUIDATED DAMAGES ' ,- . ..- . 5 a. TIME FOR COMMENCEMENT AND 5 COMPLETION OF IMPROVEMENTS 5. ' TIlVIE FOR CERTAIN OTHER ACTIONS 6 6. EXTENSIONS OF PERFORMANCE TIME 7 7. PERIOD OF DURATION OF COVENANT ON USE 7 8. NOTICES AND DEMANDS. 7 9. SPECIAL PROVISIONS & EARLY ENTRY AGREEMENT 7 10. PROHIBITION AGAINST ASSIGNMENT OF AGREEMENT 9 11. MODIFICATION OF PART II 10 12. PROJECT SIGNS 10 13. COUNTERPARTS 10 EXHIBIT A SCHEDULE A CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting of this Part I and Part H (Form HUD- 6209- B,969) annexed hereto and made a part thereof (which Part I• and Part Il are together hereinafter called "Agreement "), made on or as of the 9N i O of tau (,)-" 2005, by and between the City of Buffalo Urban Renewal Agency, a public body corporate (which, together with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called " Agency "), established pursuant to article 15 -A of the General Municipal Law of the State of New York (hereinafter called "Urban Renewal Act') having its office at Room 920 City Hall, Buffalo, New York in the City of Buffalo, (hereinafter called "City"), State of New York, GjU7 800 Main Street LLC (hereinafter called "Redeveloper"), having an office for the transaction of business at 4508 Main Street, Buffalo, New York 14226. WITNESSETH WHEREAS, Agency has offered to sell and Redeveloper is willing to purchase certain real property located in the Project Area, and more particularly described in Schedule A annexed hereto and made part hereof (which property as so described is hereinafter called "Property'), and to redevelop Property for and in accordance with the uses specified in the Urban Renewal Plan and the provisions of this Agreement; and NOW, THEREFORE, in consideration of the premises and mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SEC.1 SALE: PURCHASE PRICE (A) Subject to all the terms, covenants, and conditions of this Agreement, Agency will sell Property to Redeveloper, and Redeveloper will purchase Property from Agency and pay therefore, the amount of One Dollar ($1.00) (hereinafter called "Purchase Price ") SEC. 2 CONVEYANCE OF PROPERTY (A) Conditions Precedent: Redeveloper and Agency understand and - agree that the Agency's obligations pursuant to this Agreement are conditioned upon satisfaction of the following conditions: (i) The terms and conditions of this Agreement have been approved by the Agency, the Common Council of the City of Buffalo; 3 Full execution of this Agreement by the Redeveloper and the Agency on or before the thirtieth (30th) day following approval - of this Agie"enienf - by "the Common Council of the City of Buffalo and payment on account by Redeveloper that sum of dollars pursuant to Section I hereof upon such execution; and (iii) Submission to and approval of construction plans and evidence of equity capital and/or mortgage financing pursuant to Section 5 and satisfaction of any contingencies with regards to mortgage financing. (B) CONDITIONS SUBSEQUENT: Conveyance of title to Property shall be subject to the conditions subsequent as provided for in Section 704 of Part Il hereof. (C) Form of Deed: Agency shall convey title to Property to Redeveloper by Quit Claim Deed (hereinafter called "Deed "). Such conveyance and title shall be subject to all conditions, covenants, and restrictions set forth O r * referred. to elsewhere in this Agreement. (D) Time and Place for Delivery of Deed: Agency shall deliver the Deed and possession of Property to Redeveloper on or before the fifteenth (15 - day after approval of construction plans and evidence of equity capital and/or mortgage financing pursuant to Section 5, or on such .other date as the parties hereto may mutually agree in writing. Conveyance shall be made at the principal office of Agency and Redeveloper shall accept such conveyance and pay to Agency at such time and place the Purchase Price. Notwithstanding anything to the contrary contained in this Agreement, in the event Agency has not delivered the Deed and possession of Property to Redeveloper by the one hundred and eightieth (180 day following the date of this Agreement, Redeveloper shall have the right to cancel this Agreement and neither party shall have any further rights or obligations hereunder. . (E) Apportionment of Taxes: City and County taxes and sewer rentals allocable to the land and improvements if any shall be adjusted as of the date of delivery of the Deed(s) in accordance with Section 520 of the New York Real Property Tax Law. (F) Recordation of Contract and Deed: Redeveloper shall promptly file this Contract and the Deed for recordation among the land records of the place in which Property is situate. Redeveloper shall pay all costs (including the cost of the New York Deed Tax on the Deed, for which stamps in the proper amount shall be affixed to the Deed by the Redeveloper) for so recording the Deed and this Contract. (G) Evidence of Title: Agency shall furnish Redeveloper with a current Title Report issued by Monroe Title Insurance Corporation (or in lieu thereof, at the request of Redeveloper, a beginning point certificate from Monroe Title Insurance Corporation) and Boundary Survey of the Property dated subsequent to the date of this Agreement. In the event Redeveloper desires a Policy of Title Insurance, the same shall be-obtained and furnished at its own cost and expense. All costs and expenses of preparing the Title Report (or beginning point certificate) and the Boundary Survey set forth above shall be borne by the Agency. (H) Condition of Property: Redeveloper specifically acknowledges and agrees that Agency shall sell and Redeveloper shall purchase the property "AS IS, WHERE IS AND WITH ALL FAULTS" and Redeveloper is not relying on any representations or warranties of any kind whatsoever, whether Drat or written, 4 express or implied, statutory or otherwise, from Agency, nor any officer, employee, attorney, agent or broker ofseller as to any matter concerning the Piopertyincludmg r -- the quality, nature, habitability, merchantability, use, operation, value, marketability, " adequacy or physical condition of the Property or any aspect or portion thereof, including, without limitation; structural elements, appurtenances, access, landscaping, parking, plumbing, sewage, and utility systems, facilities and appliances, soils, geology and/or groundwater, (ii) the dimensions or lot size of the Property, (iii) the development or income potential, or rights of or relating to, the Property, or the Property's use, habitability, merchantability, or fitness, or the suitability, value or adequacy of the Property for any particular purpose, (iv) the zoning or other legal status of the Property or any other public or private restrictions on the use of the Property, (v) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any Governmental Authority or of any other person or entity (including, without limitation, the Americans with Disabilities Act), .(vi).the ability of Redeveloper to obtain any necessary governmental approvals, licenses or permits -for Redeveloper's intended use'or" development of the Property; .(vii) the presence or absence of Hazardous Materials on, in, under, above or about the Property or any adjoining or neighboring property, (viii) the quality of any labor and materials used in any improvements; if any, (ix) the condition of title to the Property, (x) the leases, contracts or any other agreements affecting the Property, if any, or the intentions of any party with respect to the negotiation and/or execution of any lease or contract;with respect to the Property, (xi) Agency's ownership of the Property or any portion thereof of (xii) the economics of, or the income and expenses, revenue or expense projections or other financial matters, relating to, the operation of the Property. Without limiting the generality of the foregoing, Redeveloper expressly acknowledges and agrees that . Redeveloper is not relying on any representation or warranty of Agency, nor any officer, employee, attorney, agent or broker of Seller, whether implied, presumed or expressly provided at law or otherwise, arising by virtue of any statute, common law or other legally binding right or remedy in favor of Redeveloper. This Section shall survive the delivery, acceptance and or recordation of the Agreement which is attached. (I) Release Provision: The Redeveloper agrees to release and save harmless the Agency as set forth in Exhibit A attached hereto and made a part hereof. SEC. 3 LIQUIDATED DAMAGES In the Redeveloper shall fail or refuse to complete or perform any term, covenant, condition, agreement, provision, or stipulation under this Agreement, Agency, at its option, may declare this Agreement terminated and void, and in such event Agency shall be released from any obligation to convey Property to Redeveloper, and Agency may retain all monies paid on account as liquidated damages and not as a penalty. SEC. 4 TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction or rehabilitation of the improvements referred to in Section 301 of Part Il hereof shall be commenced in any event within thirty (30) days after the date of Deed, and except as otherwise provided in this Agreement shall be completed within nine (9) months after such date. Redeveloper herein agrees that it shall 5 b not use or permit Property to be used for any purpose other than the construction of a combination of coramercial/reWl and fesident - id development - (hereinafte teferted to the "Project "). The Project will consist of the following: the demolition of the rear one- story section of all the properties; rehabilitation of the first floor commercial spaces in 844,862 Main Street for commercial reuse; rehabilitation of all second and third floor spaces, and the entire building at 864 Main Street, to provide for twenty -nine (29) apartments; renovation and expansion of the existing parking area at the rear of the properties to provide parking for approximately thirty (3 1) vehicles; landscaping, public utility improvements; exterior lighting; sidewalk, curb and driveway improvements; new fencing and signage. Notwithstanding anything to the contrary contained herein, it is acknowledged and agreed that, provided Redeveloper has completed the initial demolition and stabilization work with respect to the first floor commercial space, Redeveloper need not complete the renovation of such first floor commercial space until the end of the twenty fourth (24th) month following the delivery of the Deed. SEC. 5 TIME FOR CERTAIN OTHER ACTIONS (A) Time for Submission of Construction Plans. The time within which Redeveloper shall submit its "Construction Plans" (as defined in Section 301 of Part H hereof) to Agency, pursuant to Section (301) hereof, shall be not later than forty five (45) days from the date of this Agreement. (B) 'Time for Submission of Corrected Construction Plans. Except as provided in Paragraph (c) of this Section 5, the time within which Redeveloper shall submit any new or corrected Construction Plans provided for in Section 301 of Part B hereof shall not be later than thirty (3 0) days after the daze Redeveloper receives written notice from Agency of Agency's rejection of the Construction Plans referred to in the latest such notice. (C) Maximum Time for Approved Construction Plans. In any event, the time within which Redeveloper shall submit Construction Plans which conform to the requirements of Section 301 hereof and are approved by Agency shall not be later than sixty (60) days after the date Redeveloper received written notice from Agency of Agency's first rejection of the original Construction Plans submitted to it by Redeveloper. (D) Time for Agency Action on Change in Construction Plans. The time within which Agency may reject any change in the Construction Plans as provided in Section 302 hereof, shall not be more than fifteen (15) days after the date of Agency's receipt of notice of such change. (E) Time for Submission of Evidence of Equity Capital and Mortgage Financing. The time within which Redeveloper shall submit to Agency, in any event, evidence as to equity capital and any commitment necessary for mortgage financing, as provided in Section 303 of Part 11 hereof shall not be later than ninety (90) days after the date of written notice to Redeveloper of approval of the Construction Plans by Agency, or, if the Construction and Rehabilitation Plans shall be deemed to have been approved as provided in Section 301 of Part H hereof, after the expiration of ninety (90) days following the date of receipt by Agency of the Construction Plans so deemed approved. The Agency shall approve or disapprove of Redeveloper's evidence of equity capital and mortgage financing not later than fifteen (15) days of Redeveloper's submission thereof. G Z�y g Of - 6 - - EX - - - - - - - the time in which a Redeveloper has to fulfill its Obligations under this Agre shall be subject to the following conditions: (i) Redeveloper shall request, in writing, from the Agency, an extension of no more than six (6) months. Such extension shall be granted at the sole discretion of th Vi Ch a i rman o f the Agency. The granting of the extension by the Vice Chairman Of th A gency mus be in writing and no course of conduct, implicit- or explicit and no - failure to act by the Agency or any of its officers or employees shall be deemed a granting of such extension. Any additional time extension must be approved by the Agency, Upon such terms and conditions as may be acceptable to said Agency. (ii) Redeveloper shall be required to pay an extension fee in the amount of Five Hundred Dollars ($500.00) per month. Such fee shall not be credited toward the purchase price and must be paid in equal monthly installments during the six month extension period. . Failure to timely pay the extension fee, or any part thereof, renders such extension null and void and is grounds for the Agency'to cancel the Agreement. . (iii) All periods of time in which the Redeveloper has to perform its obligations under the Agreement, including any extension thereof, are stated and granted on the basis that "Time is of the Essence". SEC. 7 PERIOD OF DURATION OF COVENANT ON USE. The covenant pertaining to the uses of Property, set forth in Section 401 of Part H hereof, shall remain in effect from the date of the Deed for the period of twenty (20) Years. SEC. 8 - NOTICES AND DEMANDS. A notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) In the case of Redeveloper, is addressed to or delivered personally to Redeveloper at 4508 Main Street, Buffalo, New York 14224, with a copy at the same time and in the same manner to Hodgson Russ LLP, One M&T Plaza Suite - 2000, Buffalo, New York 14203, Attention: Terrence M. Gilbride, Esq. (ii) In the case of Agency, is addressed to or delivered personally to Agency at City of Buffalo Urban Renewal Agency, Room 920 City Hall, 65 Niagara Square, Buffalo, New York 14202, or at such other address with respect to either party as that party may, from time to time designate in writing and forward to the other as provided in this Section. SEC. 9 SPECIAL PROVISIONS (A) Early Entry Agreement: In the event Redeveloper is desirous Of commencing construction on the Property described in Schedule A following approval Of this Agreement by*the City of Buffalo- Common Co uncil ouncil but prior to transfer of title of the Property to Redeveloper, Agency agrees . to permit Redeveloper to enter upon the Property, providing the parties hereto, each hereby covenant and agree with the Other as follows: FIRST: This Section contemplates the sale and redevelopment of the Property in accordance with this Land Disposition Agreement 7 SECOND: Redeveloper agrees that the redevelopment permitted under this Section of the Agreement shah be done piusuan to construction plans appaverl mar " -" writing by Agency. THIRD: Redeveloper agrees not to begin redevelopment under this Section of the Agreement prior to the written approval of the construction plans by Agency. FOURTH: Redeveloper agreesthat all construction shall be done in a good and workmanlike manner and that Redeveloper shall take all appropriate precautions to safeguard against injury to persons and damage to property. FIFTH: Redeveloper agrees to comply with all Federal, State, County and City laws, rules, regulations which are applicable to the redevelopment of the Property SIXTH: Redeveloper agrees, without limitation and at no cost to Agency or the City of Buffalo to defend, indemnify and hold harmless Agency and the City*of Buffalo 'from any and all damages, claims, suits, actions, and costs because of bodily injury or sickness, including death, sustained by any Person or persons and from damage to or loss of property, including the loss of use thereof, caused directly or indirectly as a result of the redevelopment work performed on the Property. SEVENTH: Prior to Redeveloper entering upon the Property as herein provided, it shall secure and deliver to Agency a Certificate evidencing Owners Protective Liability Insurance coverage naming as insureds the City of Buffalo Urban Renewal Agency and the City of Buffalo. Said insurance coverage shall be maintained by Redeveloper at its expense for the duration of this Agreement in an amount of not less than ONE MILLION DOLLARS ($100,000. 00) for injuries or death sustained by any one person and not less than ONE MILLION DOLLARS ($1,000,000.00) for injuries or death sustained by two or more persons in any one accident and not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for property damage; to protect Agency and the City of Buffalo, their agents and employees from any and all claims and damages for personal injuries, or death, or from damage to any property owned by Agency, the City of Buffalo or land otherwise privately or publicly owned, arising from any cause resulting from or proximately caused by Redevelopers entrance upon and/or work performed by Redeveloper pursuant to this Section of the.Agreement. EIGHTH: Each Certificate of Insurance shall.contain a provision providing for fifteen (15) days of written notice to Agency of Redeveloper's or insurance company's intention to cancel or materially change said policies. NUJTHi In the event that Redeveloper fails.to accept title to the Property pursuant to the Land Disposition Agreement or the Redeveloper otherwise abandons its efforts to proceed with the redevelopment-of the Property,.then Redeveloper shall, at no cost to Agency or the City of Buffalo, restore the Properly to its former condition and either remove any structure, or part thereof, which it constructed on the Property or reimburse Agency for the cost of removing said structure or thereof. TENTH: Under no circumstances shall Agency or the City of Buffalo be obligated to complete the construction of any improvements commenced by Redeveloper. ` ELEVENTH: The right to enter upon the Property is reserved to the Agency and the City of Buffalo. 8 TWELFTH: This Section of the Agreement shall terminate upon the transfer of title to - Ptoperty --. to Redeveloperpursuantto Land - Disposition}: Agreement, possession of Property to Redeveloper by the one hundred and eightieth (180 day following the date of this Agreement, whichever shall sooner first occur. Any extension hereof shall be upon mutual agreement of the parties hereto. THIRTEENTH: Evidence of those commitments referred to in Section 5 -E shall have been received and approved by Agency prior to commencement of Construction under this Section 9A. B) ' Use of Property: Redeveloper shall not use or permit Property to be used for any purpose other than as provided for in Section 4 and as shown on the Construction Plans approved by Agency. C) Statements and Representations: ' The parties shall not be liable or bound by any verbal or written statements, representations, real estate brokers "set ups" or information pertaining to Property furnished by any real estate broker, agent, employee, servant, or'any, other person, unless the same are specifically set forth The parties further .. acknowledge that, except as specifically set forth herein, neither party nor any agent or representative of either party have made, and the parties are not liable for or bound in any manner by, any express or implied warranties, guarantees, promises, statements, inducements or representation of information pertaining to Property. (D) Indemnification: Redeveloper agrees to defend and indemnify Agency against the claims of any broker arising as a result of any negotiations had by Redeveloper with any broker in connection with this Agreement. Redeveloper further agrees, at Agency's option, to provide legal counsel, representation and litigation expenses to Agency, at no cost to Agency, or to pay all legal fees or an attorney of Agency's choosing and all other costs of litigation for any litigation that may result from any claims that may be brought by any broker against Agency in connection with this . Agreement. E) E.C.I.D.A. Financing: In the event Redeveloper shall elect to obtain financing from industrial development bonds issued by the Erie County Industrial Development Agency (E.C.I.D.A.), fee simple title to Property (ies) shall be conveyed to the E.C.I.D.A., if title has not been previously conveyed to Redeveloper, or Redeveloper shall convey fee simple title to Property (ies) to E.C.I.D.A. upon the closing of its industrial revenue bond financing. Notwithstanding any other provisions contained in this Agreement, to the contrary, Redeveloper and Agency agree that: 1) Upon written direction of Redeveloper, Agency shall convey fee simple title to property directly to the E.C.I.D.A; and 2) Notwithstanding such conveyance, Redeveloper shall remain solely liable for all of Redeveloper's obligations under this Agreement; and 3) Neither the E.C.I.D.A. nor Agencyshan be obligated to assume or perform Redeveloper's obligations under this Agreement. SEC. 10 PROHIBITION AGAINST ASSIGNMENT OF AGREEMENT. Notwithstanding anything to the contrary contained in this Agreement, Redeveloper shall not assign this Agreement in whole or in part to any other party, 6 corporation, partnership or other legal entity without the prior written approval of Ageacy; which consent - Bhall not - bemueasonably withheld,-conditioned or- delayed: - From_ ----------- - and after the completion the of construction or rehabilitation of the improvements described Section 4 of this Agreement, as evidenced by the issuance of a certificate of occupancy therefor, Redeveloper shall have the right to sell or otherwise convey its right title and interest in and to the Property, subject, in all cases, however, to the terms and conditions of this Agreement which remain in effect after the completion of such construction or rehabilitation. SEC. 11 MODIFICATION OF PART H. Insert after subsection 401(b) the following subsection: (c) All advertising (including signs) for sale and/ rental of the whole or any part of Property hall include the legend, "An Open Occupancy Building" in type or Lettering of easily legible size and design. The word "Project" or "Development" may be substituted for the word `Building" where circumstances require such substitution. Any references to "Urban Renewal Plan or "Area" in-Part'n of Agreement should be substituted to "Project Area". SEC. 12 PROJECT SIGNS Redeveloper agrees to construct and install a minimum of one (1) project sign described as follows, project sign shall include: 1) Name of Project 2) City of Buffalo Honorable Anthony M. Masiello, Mayor Timothy E. Wanamaker, Vice Chairman - BURA Brian Davis, District Councilmember 3) Federal financial participation, if applicable, by means of the following phrase: "This project is being carried out with financial aid from the U. S. Department of Housing and Urban Development". Project signs shall be weatherproof and shall be carefully maintained, until project has been completed. Sips shall have a background of red, white and blue in three (3) equal horizontal segments. Size'and number of signs shall be appropriate to the site and adequate to mark it. Signs shall not be smaller than 4' x 6' or larger than 8' x 8', except to meet special or local requirements. Redeveloper shall submit a sample of the proposed sign to the Executive Director of Strategic Planning for approval prior to sign construction. SEC. 13 COUNTERPARTS This Agreement is executed in six (6) counterparts, each of which shall constitute one and the same instrument. 10 IN WITNESS WHEREOF, Agency has caused this Agreement to be duly executed in _ ...__ its name and behalf by its hairman7 and its be hereunto.duly affixed, -arid. they.- ._.._.____..... Redeveloper has caused this Agreement to be duly executed in its name and behalf by its President, on or as of the first day above written. SEAL CITY OF BUFFALO URBAN RENEWAL AGENCY BY: �- - ----- TIMOTHY E. WANAMAIKER VICE - CHAIRMAN BY SEAL STATE OF NEW YORK: COUNTY OF ERIE STATE OF NEW YORK: d �1n On th i/AO day of /, 2005, before me, the. undersigned, a Notary Public/Commissioner of Deeds in and for said City, personally appeared personally known.to me or proved tome on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and :acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual, or the person upon behalf of which the individual acted, executed the -LI INTTA I)F DEEDS ut lalo, New Y� xpirw Dec. 3U��U? NOTARY PUBIC/ OMNIISSIONER OF DEEDS 11 !11"x1"SVVCL) Asti T FO RM ONLY SS 2 9 2005 CHARD E. STANTON GENERAL COUNSEL STATE OF NEW YORK: ......... .. ... COUNTY OF ERIE CITY OF BUFFALO On the _eday of 2005, before me, the undersigned, a Notary Public /Commissioner of Deeds in and for said City, personally appeared B 2n VIM 'In t (- , V g ^ z 1 personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within inst rent and'acknowledged to me that he executed the same in his capacity, and that by hi s i gn at ur e on the instrument, the individual, or the person upon behalf of which the individual, or the person upon behalf of which the individual acted, executed the instrument. -A NOTARY PUBLXt SSIONER OF DEEDS DARCEY M. RIVERA Notary Public, State of New York Qualified in Erie Coun MY Commission Expires ty 7PC)A 12 This Release and Indemnity Agreement is given by 800 Main Street LLC (hereinafter / "Redeveloper") to Buffalo Urban Renewal Agency ( "Agency") as a condition of the */ delivery and acceptance of a Land Disposition Agreement and quitclaim deed from Agency to Redeveloper of real property commonly known as 844 -864 Main Street in Buffalo, New York (the "Property"). I. RELEASE PROVISION: Redeveloper covenants and agrees at his sole cost and expense, to release and save harmless Agency and its officers, employees, directors, agents and representatives (collectively, "Agency") from and against any and all damages, losses, charges, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, actions, proceedings, costs, disbursements, and/or expenses, including without limitation, alf attorneys' and experts' fees, costs of investigation, monitoring, remedial response, removal, restoration or permanent acquisition of any kind whatsoever, which may now or in the future be undertaken, suffered, paid; awarded, assessed, imposed, asserted or otherwise incurred by Redeveloper, individually or collectively, at any time resulting from or arising out of.- (a) the past, present or future presence, Release or threatened Release of any Hazardous Substances, including but not limited to petroleum or any petroleum based substances, in, on, above or under the Property or migrating to parcels now or hereafter owned by Redeveloper; (b) any personal injury, wrongful death, or property or other damages arising under any statutory, common law or tort law theory, arising out of, or related to, the remediation of the Property or parcels now or hereafter owned by Redeveloper.; (c) Redeveloper's failure to promptly undertake and/or diligently pursue to completion all necessary, appropriate and legally authorized investigative, -containment, removal, clean -up and/or other remedial actions with respect to a release or threat of release of any hazardous substance, including but not limited to petroleum or petroleum based products, on, at or from the Property or migrating off the Property to any and all other locations off -site; (d) human exposure to any hazardous substance, including but not limited to petroleum or petroleum basedproducts, noises, noxious fumes, vibrations, or nuisances of whatever kind from any condition on the Property resulting from Hazardous materials, or the ownership, use, operation, sale, transfer or conveyance thereof; (e) ' a violation of any applicable state m federal statute or regulation with respect to any condition now or hereafter existing on the Property;. - (f) - any investigation, prosecution, enforcement, action, suit, request to negotiate or consent order or other action by any governmental body or office, including but not limited to the New York Department of Environmental Conservation ("DEC") or the Environmental Protection Agency ("EPA "); (g) any and all costs in connection with any clean -up, removal and/or investigation of environmental contamination, deposited on or into the Property or 13 migrating therefrom, whether from on or off site, for which legal requirements mandate be cleaned. up- at- -or removed -from, the - Property -or- any:other- property. contaminated..from- �-� -. - ... . the migration of hazardous material off: site. The release of Agency hereunder shall in no way be limited, abridged, impaired or otherwise affected by the following: (i) the release of Redeveloper, the Agency or any other person from the performance or observance of this agreement by operation of law, Agency's voluntary acts or otherwise; (ii) the invalidity or unenforceability of any of the terms or provisions of any. of the Property purchase documents and or related documents; (iii) any applicable statute of limitations; (iv) any investigation or inquiry conducted by or on behalf of the Agency or any other indemnitee (and or releasee) or any information which Agency or any other indemnitee (and or releasee) may have or obtain with respect to the environmental or ecological condition of the Property, (v) the sale, transfer or conveyance of all or part of the Property; (vi) the release or discharge in whole or in part of Redeveloper in any bankruptcy, insolvency, reorganization, arraignment, readjustment, composition, liquidation or similar proceeding or; (vii) - any other circumstances which might otherwise constitute a legal or equitable release or discharge, in whole or in part, of Redeveloper. Redeveloper, and his representatives, agents, employees, successors, predecessors and or assigns, shall be precluded now and in the future from asserting any and all claims (whether direct claims, cross - claims, third -party claims, defenses, counter - claims or other types of claims) against Seller, individually or collectively, including any claims under (without limitation) the Resource Conservation and Recovery Act, the Oil Pollution Act, the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act, the New York State Environmental Conservation Law, and or the New York State Navigation Law. R. REPRESENTATIONS AND WA][tRANTIES: Agency makes no representations or warranties with respect to the past, present or future presence, Release or threatened Release of any Hazardous Substances, including but not limited to petroleum or any petroleum based substances, in, on, above or under the Property, and/or migrating off the Property to any and all other locations off -site. Agency makes no representations - or warranties as to any past present or threatened non - compliance or violations of any Environmental Laws (or permits issued pursuant to any Environmental Law) in connection with the Property or operations thereon. By executing the Land Disposition Agreement, Redeveloper acknowledges that Redeveloper has had the right and a full opportunity to conduct any testing or investigation of the Property and has waived such right and opportunity. 14 III. DEFINMONS: As used in this Agreement, the following terms shall have the following "Hazardous substance" ineans, without limitation, any flammable explosives, radon, radioactive materials, asbestos, urea formaldehyde foam insulation, polychlorinated bifennels, petroleum and petroleum products, methane, hazardous materials, hazardous waste, hazardous or toxic substances and any other material defined as a hazardous substance in the Comprehensive Enviromiental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq.; The Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1801 et seq,; The Resource Conservation and Recovery Act, as amended, 42' U.S.C. § 6901 et seq., - Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy, guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. "Environmental Law" means any present and future federal, state and local laws, statutes, . ordiniances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances; relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. The term "Environmental Law' includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right to -Know Act, the Hazardous Substances Transportation Act, the Resource Conservation and Recovery Act (including but not limited to Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act, the Clean Waxer Act; the Clean Air Act, the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy Act; and the River and Harbors Appropriation Act. The term "Environmental Law" also includes, but is not limited to, any present and future federal, state and local laws, statutes, ordinances; rules, regulations and the like, as well as common law, conditioning transfer of property upon a negative declaration or other approval of a governmental authority of the environmental condition of the property; requiring notification or disclosure of Releases of Hazardous Substances or other'environmental condition of the Property to any governmental authority or other person or entity, whether or not in connection with transfer of title to. or interest in property; imposing conditions or requirements in connection with permits or other authorization for lawful activity; relating to nuisance, trespass br other causes of action related to the Property, and relating to wrongful death, personal injury, or property or other damage in connection with any physical condition or use of the Property. "Release" with respect to any Hazardous Substance includes but is not limited to any release, deposit, discharge, emission, leaking, leaching, spilling, seeping, migrating, injecting, pumping, pouring, emptying, escaping, dumping,. disposing or other movement of Hazardous Substances. Release shall also have the same meaning as given to that tern in the Comprehensive Environmental Response,. Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq., and the regulations promulgated thereunder and Articles 15 and 27 of the New York State Environmental Conservation Law, and the regulations promulgated thereunder. 15 J "Remediation" includes but is not limited to any response, remedial, removal, or corrective any'activity to clean up, detoxify, -decontaminate; - contain or- otherwise remediate any- _........ -'_ Hazardous Substance; any actions to prevent, cure or mitigate any Release of any Hazardous Substance; any action to comply with any Environmental Laws or with any permits issued pursuant thereto; any inspection, investigation, study, monitoring, assessment, audit, sampling and testing, laboratory or other analysis, or evaluation relating to any Hazardous Substances or to anything referred to herein. "Legal Action" means any claim, suitor proceeding, whether administrative or judicial in nature. "Loss or Losses" includes any losses, damages, costs, fees, expenses, claims, suits, judgments, awards, liabilities (including but not limited to strict liabilities), obligations, debts, diminution in value, fines, penalties, charges, costs of Remediation (whether or not performed voluntarily), amounts. paid in settlement, foreseeable and .unforeseeable consequential damages, litigation costs, attorneys' fees,.engineers' fees, environmental consultants' fees, and investigation costs (including but not limited to costs for sampling, testing and analysis of soil, water, air, building materials, and other materials and substances whether *solid, liquid or gas), of whatever kind or nature, and whether or not incurred in connection with any judicial or proceedings, actions, claims, suits, judgments or awards to the extent recoverable at law or in equity. "Fines" or "Penalties" means any levy imposed by a governmental body or office, including but not limited to the DEC or EPA, authorized by statute or regulation, that is not directly or indirectly, compensation for, or reimbursement of, any actual cost incurred, liability imposed, or loss sustained by said governmerital body or office or any other party. It is specifically understood that "fines" or "penalties" are levies imposed as a punitive or deterrent measure and do not include any other type of loss, except as otherwise defined by statute or regulation. IV. THESE PROVISIONS TO RUN WITH THE LAND All of the provisions contained in this Agreement shall run with the land constituting the Property and shall be binding upon Redeveloper and all his successors and assigns. 16 SCHLDULE A PARCEL A (Lands to be insured) ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buff County of Brie and State of New York, being part of Lot No. 50, 'Township 11, Range S of the Holland Land Company's Survey and further bounded and descn 'bed as follows: BEGDMG at the point of intersection of the westerly line of Main Street (99 feet wide) with the northerly line of Virginia Street (66 feet wide); thence westerly along said northerly fine of Virginia Street a distance of 118.95 feet to a point, said point being at the intersection of said northerly line of W"ugWa Street with a line midway between Main Street and North Pearl Stmt; thence northerly along said line midway between Main Street and North Pearl Street a distance of 200.74 feet to a point; thence westerly along a line at right angles to said westerly fine ofMain Street a distance of 14.97 feet to a point; thence northerly along a fine parallel with said westerly line of Main Street a distance of 50.00 fit to a point; thence easterly along a line at right angles to said westerly line of Main Street a distance of 131.00 feet to a point on the said westerly line of Main Street; thence southerly along said westerly line of Main Street a distance of 225.00 feet to the point of beginning. OFF$ ...... ASK so PA RK•G. VA AarJ I J-2 T ij AM Of MET 50 0 so pu L # 1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL '°. TO: THE COMMON COUNCIL: DATE: November 20, 2006 FROM: DEPARTMENT DIVISION SUBJECT Strategic Planning Real Estate 62 Republic (a.k.a. 70 Vincennes) Neighborhood Food Pantry Fillmore District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, has been informed that the Food Pantry located at 62 Republic (a.k.a. 70 Vincennes) and operated by the Neighborhood Food Pantry, has been abandon. The keys for the Food Pantry have been turned over to the Food Bank of WNY. A 30 -day notice of termination was sent to the Neighborhood Food Pantry on October 19, 2006. The Old 1 St Ward Community Center has a current lease with the City of Buffalo to operate the Community Center and provide community services. We have received a request from the Old 1 Ward Community Center to take over the former Food Pantry space to operate the Buffalo River Food Pantry. The Old 1 St Ward has received authorization from its Board of Directors and the Food Bank of WNY to operate the Food Pantry. I am recommending Your Honorable Body authorize the following: 1. Terminate the lease with the Neighborhood Food Pantry 2. Amend the lease agreement between the City of Buffalo and the Old 1 st Ward Community Center to operate a food pantry in the space formally used by the Neighborhood Food Pantry. All other terms and conditions of the lease shall remain the same. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME: TIMOTHY E. WANNAMAKER TYPE TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: TEW:JPH :pIg C: MYDOC: LEASE;clasefoodpantry Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated November 20, 2006, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to terminate the lease between the City and the Neighborhood Food Pantry and amend the lease agreement between the City and the Old 1 Ward Community Center to operate a food pantry in the space (62 Republic) formally used by the Neighborhood Food Pantry. All other terms and conditions of said lease agreement shall remain the same. That the Corporation Counsel be authorized to renew said lease and that the Mayor be authorized to execute the same. Passed 5 PJS:mv TAwp60\msword\rmv\5 c 11- 28a.doc J6 *AYE* NO BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO THOMPSON * [MAJ- 5] * * O [ 2/3 - 61 * Ij [3/4 -7) # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: November 20, 2006 FROM: DEPARTMENT: Strategic Planning f DIVISION: Real Estate SUBJECT: New York State Department of Transportation Acquire PIN 5512.42.221 PROC 12997 Route 33 at Grider and Kensington Masten District PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, has received a notice of Appropriation, to acquire property to widen the turn radius for safety reasons on Grider at Kensington. They have submitted comparable sales and are offering $1,600 for the acquisition of PIN 5512.42.221; PROC 12997 — Route 33 at Grider. The $1,600 includes the cost of acquisition of approximately 432 sq. ft. of land, plus costs of improvements and costs to cure (seed lawn, replace chain link fence and 2 cherry trees) The City of Buffalo Appraisal Review Board has reviewed the appraisal that was submitted by New York State Department of Transportation and concurs with the appraiser's estimate of value in the amount of $1,600.00. I am recommending that Your Honorable Body approve the offer of $1,600.00 from the New York State Department of Transportation for the acquisition of PIN 5512.42.221; PROC 12997 Route 33 — Girder Street (approx. 432 sq. ft). I am further recommending that the Corporation Counsel review the Offer and Agreement, and if acceptable, that the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TYPE TITLE: EXECUTIVE DIRECTOR OFFICE OFSTRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: TEW:JPH:plg C Aease /cnysdotacgg riderke n Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated November 20, 2006, be received and filed; and That the offer from the New York State Department of Transportation for the acquisition of PIN 5512.42.221; PROC 12997 — Route 33 at Grider, in the sum of one thousand and six hundred dollars ($1,600.00), be and hereby is accepted; and That the Corporation Counsel be authorized to review the Offer and Agreement, and if acceptable, that the Mayor be authorized to execute the same. Passed PJS:rmv t:\wp60\msword\rmv \6c I 1- 28a.doc *AYE* NO BONIFACIO * DAVIS FONTANA * FRANCZYK GOLOMBEK KEARNS LOCURTO * R THOMPSON * [MAJ- 51 * * U [ 2/3 - 6 ] [ 3M - 7 ] # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL V. TO: THE COMMON COUNCIL: DATE: November 20, 2006 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: New York State Department of Transportation Acquire PIN 5051.02.201 PROC 12854 Map 1136; Parcel 1136 Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx/xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, has received a notice of Appropriation, to acquire property along the New York State Thruway between Hudson and Jersey. The property in question was an old blacktop driveway running along the 1 -190. It is approximately 1607 sq. ft. of area they wish to acquire. They have submitted comparable sales and are offering $16,100 for the acquisition of PIN 5051.02.201, Map 1136, Parcel 1136. .The City of Buffalo Appraisal Review Board has reviewed the appraisal that was submitted by the New York State Department of Transportation and concurs with the appraiser's estimate of value in the amount of $16,100.00. I am recommending that Your Honorable Body approve the offer of $16,100.00 from the New York State Department of Transportation to acquire PIN 5051.02.201; PROC 12854, Map 1136, Parcel 1136 WOA. I am further recommending that the Corporation Counsel review the Offer and Agreement, and if acceptable, that the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TYPE TITLE: EXECUTIVE DIRECTOR OFFICE OFSTRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: ��M= TEW:JPH:plg C: /lease /cnysdotacqth ird l i .. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated November 20, 2006, be received and filed; and That the offer from the New York State Department of Transportation for the acquisition of PIN 5551.02.201; PROC 12854 Map 1136, Parcel 1136 WOA, in the sum of sixteen thousand and one hundred dollars ($16,100.00), be and hereby is accepted; and That the Corporation Counsel be authorized to review the Offer and Agreement, and if acceptable, that the Mayor be authorized to execute the same. Passed 7 PJS:rmv t:\wp60\msword\rmv \7c 11- 28a.doc *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS * * • LOCURTO * * * THOMPSON * [MAJ- 51 * * U [ 2/3 - 6 [N - 7 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL dF TO: THE COMMON COUNCIL: DATE: October 25, 2006 DIVISION: PRIOR COUNCIL REFERENCE: Office of Strategic Planning Real Estate f 9✓ , SUBJECT: Results of Negotiations 8 Brewster, 60' E Halbert Vacant Lot: 30'x 75 Assessed Valuation: $2,600. (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 8 Brewster from Koch Metal Spinning, Mr. Erik Koch, 74 Jewett Avenue, Buffalo, New York 14214. Mr. Koch owns several properties on Jewett, namely 67, 72, 74, and 98 Jewett, which are adjacent to his business at 74 Jewett and 8 Brewster. He intends to use these parcels along with 8 Brewster for future expansion and neighborhood beautification. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential parcels in the subject area. Sale prices range from Fifty Cents ($.50) to One Dollar and Fifty Cents ($1.50), per square foot. The results of our negotiations are that Mr. Koch has agreed and is prepared to pay Two Thousand Three Hundred Dollars ($2,300), One Dollar ($1.00) per square foot for the subject property. Mr. Koch has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 8 Brewster to Mr. Erik Koch in the amount of Two Thousand Three Hundred Dollars ($2,300). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: TEW:JPH:ck ResneglWsales TIMOTHY E. WANAMAKER EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING c' Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated October 25, 2006, be received and filed; and That the offer from Mr. Erik Koch, 74 Jewett Avenue, in the sum of two thousand and three hundred dollars ($2,300.00) for the purchase of 8 Brewster, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed PJS:rmv t:\wp60\msword\rmv \8c 11- 28a.doc *AYE* NO BO IFACIO FON UNA FRANCZYK SYUM JAMEK LOC GO lHu APSON [MAJ- S] 0 [2t3 6] DM 7 ] 9- 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: November 6, 2006 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 802 Clinton, 11 4' W Smith Vacant Lot: 25' x 116' Assessed Valuation: $1,300 (Fillmore District) PRIOR COUNCIL REFERENCE: The Office of Strategic Planning, Division of Real Estate has received a request to purchase 802 Clinton Street from Michael A. Klimeczko, Inc., Michael A. Klimeczko, 806 Clinton Street, Buffalo, New York 14210. Mr. Klimeczko owns adjacent property at 702 and 706 Smith, 798 and 806 Clinton Street. Mr. Klimeczko would like to cleanup and square off the land he owns on both sides of 802 Clinton and use for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Forty Cents ($ .40) to One Dollar ($1.00), per square foot. The results of our negotiations are that Mr. Klimeczko has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500), Fifty Five Cents ($ .55) per square foot for the subject property. Mr. Klimeczko has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 802 Clinton Street to Michael A. Klimeczko, Inc., Michael A. Klimeczko in the amount of One Thousand Five Hundred Dollars ($1,500). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: TEW:JPH:ck Resneg4 /sales Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated November 6, 2006, be received and filed; and That the offer from Michael A. Klimeczko, 806 Clinton Street, in the sum of one thousand and five hundred dollars ($1,500.00) for the purchase of 802 Clinton Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed L PJS:rmv tAwp60\msword\rmv\9c I 1- 28a.doc * AYE* NO BONIFACIO DAVIS * * FONTANA *. FRANCZYK * GOLOMBEK KEARNS * * • LOCURTO THOMPSON • [MAJ- S] * * 0 [2J3 - 6] [314 - 7 ] # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION PRIOR COUNCIL REFERENCE: DATE: November 6, 2006 Office of Strategic Planning Real Estate 0 0 SUBJECT: Results of Negotiations 59 Pauline, 158.57'S Gesl Vacant Lot: 20'x 104' Assessed Valuation: $1,000 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 59 Pauline Street from Ms. Veronica Gerald, 57 Pauline Street, Buffalo, New York 14214. Ms. Gerald owns and resides at 57 Pauline, which is adjacent to 59 Pauline and intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Forty -Seven Cents ($.47) to Seventy -Five Cents ($.75), per square foot. The results of our negotiations are that Ms. Gerald has agreed and is prepared to pay One Thousand Dollars ($1,000), Forty -Eight Cents ($.48) per square foot for the subject property. Ms. Gerald has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 59 Pauline to Ms. Veronica Gerald in the amount of One Thousand Dollars ($1,000). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: TEW:JPH:ck resneg28 /sales .: Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated November 6, 2006, be received and filed; and That the offer from Ms. Veronica Gerald, 57 Pauline Street, in the sum of one thousand dollars ($1,000.00) for the purchase of 59 Pauline Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed 10 PJS:rmv t\wp60\msword\rmv \I Oc 11- 28a.doc * AYE* NO BO NIFACI 0 DAVIS FONTANA IIXANCZ LYUL IMBEK APAMS LULU LTO wwaar,LL IIIU UPSON [ MAT - 5] 0 [213 6] [ 3/4 7] # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: November 6, 2006 FROM: DEPARTMENT: DIVISION PRIOR COUNCIL REFERENCE: Office of Strategic Planning Real Estate SUBJECT: Results of Negotiations 37 Peckham, 55'E Madison Vacant Lot: 27'x 120' Assessed Valuation: $1,400 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 37 Peckham Street from Ms. Bobbie K. Meredith, 31 Peckham Street, Buffalo, New York 14206. Ms. Meredith owns and resides at 31 Peckham, which is adjacent to 37 Peckham and intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Forty Cents ($.40) to Ninety Cents ($ .90), per square foot. The results of our negotiations are that Ms. Meredith has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400), Forty -Three Cents ($ .43) per square foot for the subject property. Ms. Meredith has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 37 Peckham Street to Ms. Bobbie K. Meredith in the amount of One Thousand Four Hundred Dollars ($1,400). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TITLE: SIGNATURE OF DEPARTMENT HEAD: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING TEW:JPH:ck Resnegftales 1 J Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated November 6, 2006, be received and filed; and That the offer from Ms. Bobbie K. Meredith, 31 Peckham Street, in the sum of one thousand and four hundred dollars ($1,400.00) for the purchase of 37 Peckham Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed 11 PJS:rmv t:\wp60\msword\rmv\ l l c 11 -28a. doc *AYE* NO BONIFACIO DAVIS * * * FONTANA FRANCM GOLOMBEK KEARNS * * + LOCURTO * * THOMPSON • [MAJ- 51 + U [ 2/3 - 61 [ 3/4 - 7 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 1 TO: THE COMMON COUNCIL FROM: DEPARTMENT DIVISION: PRIOR COUNCIL REFERENCE: DATE: November 6, 2006 Office of Strategic Planning Real Estate SUBJECT: Results of Negotiations 82 Tenth, 133.50' NW Virginia Vacant Lot: 27' x 100' Assessed Valuation: $4,100 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 82 Tenth Street from Ms. Margarita Gonzalez, 84 Tenth Street, Buffalo, New York 14201. Ms. Gonzalez owns and resides at 84 Tenth, which is adjacent to 82 Tenth and intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Fifty Cents ($ .50) to One Dollar and Fifty Cents ($1.50), per square foot. The results of our negotiations are that Ms. Gonzalez has agreed and is prepared to pay Two Thousand Seven Hundred Dollars ($2,700), One Dollar ($1 .00) per square foot for the subject property. Ms. Gonzalez has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 82 Tenth Street to Ms. Margarita Gonzalez in the amount of Two Thousand Seven Hundred Dollars ($2,700). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: TEW:JPH:ck Resneg5 /sales I�_ Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated November 6, 2006, be received and filed; and That the offer from Ms. Margarita Gonzalez, 84 Tenth Street, in the sum of two thousand and seven hundred dollars ($2,700.00) for the purchase of 82 Tenth Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed 12 PJS:rmv t:\wp60\msword\rmv \I2c I I- 28a.doc *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO IHOMPSON [MAJ- 5] 0 [2t3 6] [3/4 - 7] 14 FROM THE COMPTROLLER 11� #I (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: SUBJECT: ? i ° ,_ ; i DATE: Nov. 16, 2006 Audit & Control Comptroller [: 2007 Capital Budget And 5 -Year Plan TEXT: I have reviewed the Mayor's recommended 2007 Capital Budget and Five Year Capital Improvement Plan. On the whole I endorse the budget, it is in keeping with my capital bonding limit of $29 million; $23 million City and $6 million Board of Education. However, it is important that the administration present a capital budget and five year plan that is substantially more detailed than has been submitted. It must include the anticipated state and federal reimbursements along with all other funding sources. Furthermore, I have noted the following concerns, which will be forwarded to the Mayor's Office, as the Common Council deliberates the Mayor's 2007 Capital Budget Recommendations and Five Year Capital Plan. 2007 Capital Budget #29 Clean & Seal $192,600 It has been determined that the funds requested are for the purchase of vehicles and specialized equipment for the Clean & Seal Crew. Vehicles such as cars, trucks and SUV's have been declared a non bondable expense by bond counsel because it has a Period of Purposeful Usefulness (PPU) less than 5 years. Also, any equipment purchased with City funds, which will be utilized by another governmental body and/or agency must have an agreement of use in place. #35 60 Hedley Place $321,000 The Department of Public Works had requested $575,000 for this project. Without more information it is not clear whether the project has been scaled down or under funded. Although this project merits considerable consideration for its historic and community importance, the operational and financial impacts on the city operating budget have, to this date, not been revealed. 2007 -2011 Five Year Plan Purchase of Fire Dept Staff Command Vehicles $192,600 It is not clear what type of vehicle is being proposed for this project. Vehicles such as cars, trucks and SUV's have been declared a non bondable expense by bond counsel because it has a Period of Purposeful Usefulness (PPU) less than 5 years. In this situation the city may consider leasing as a viable alternative. to New Streets Garage $14,370,871 The Department of Public Works had requested $25 million for this project. Without more information it is not clear whether the project has been scaled down, under funded or may take longer than the budgeted five years. It has been determined that the $267,500 budgeted for 2007 is for planning purposes. This needs to be noted as such due to restrictions with its Period of Purposeful Usefulness (PPU). Also, I would like to advocate that a consolidation of related facilities be reviewed as part of this planning process. Authorized but Un- Issued The City's current authorized but un- issued resolutions should be considered within the recommended Capital Plan. What is not clear is whether those projects not proposed for bonding within the 2007 Budget and Five -Year Plan, along with the remaining balances of partially sold projects, should be rescinded. Below is the current list of authorized but un- issued resolutions integrated within the proposed spending plan recommended by the Mayor's Office. Date Project Title 12/28/99 Signal Improvements Various 2/8/2000 Reconstruction Main Street 6/13/2000 Rehabilitation Broadway Market 2/7/2006 Construction Outer Harbor 2/7/2006 Rehabilitation CN Rail Bridge 2/7/2006 Improvement Ellicott Gateway 3/16/2004 Reconstruction Various Schools 5/13/2005 School Windows Five Year Plan Comparison from Last Year The following projects have been removed from the Five Year Plan. My concern is that the Seneca- Remaining Authorized 11'roposed Proposed Out Years Authorized Issued 2007 Sale Sales (08 -11) Un- issued 4,000,000 - 500,000 3,500,000 1,000,000 892,541 4,750,000 107,459 1,000,000 - - 1,000,000 1,010,000 - - 1,010,000 1,800,000 - - 1,800,000 1,940,000 - - 1,940,000 1,000,000 - - 1,000,000 1,000,000 - - 1,000,000 12,750,000 892,541 500,000 11,357,459 Five Year Plan Comparison from Last Year The following projects have been removed from the Five Year Plan. My concern is that the Seneca- Southside Fire Station, which was apart of the adopted MMA study for consolidation of firehouses, has been erroneously removed from the five year plan. Although there is a budget line for the Reconstruction of Fire Stations, the site it was not specified in the council transmittal. 2007 2008 2009 2010 Total Homeownership Zone Infrastructure 610,000 610,500 610,000 170,000 902,500 Peace Bridge Northern Plaza 1,000,000 1,000,000 1,000,000 1,000,000 4,000,000 Inner Harbor Project 2,500,000 2,250,000 4,750,000 MLK Park 1,000,000 1,000,000 Seneca- Southside Fire Station 2,300,000 2,300,000 Crane Branch Library 210,000 210,000 East Delavan Branch Library 185,000 25,000 210,000 Niagara Branch Library 90,000 170,000 120,000 380,000 Riverside Branch Library 75,000 105,000 180,000 7,211,000 3,821,500 1,730,000 1,170,000 13,932,500 ON The following projects have been included within the updated Five Year Plan. Italicized projects were bonded in previous years and are proposed for future allocations. This indicates that past project cost estimates or cash flow needs were inaccurate. I respectfully remind the Common Council that there are substantial costs associated with the creation of resolutions - and those costs should only be incurred if the project is viable and ready to be included within a bond sale. 2007 2008 2009 2010 2011 Fire Department Command Vehicles 192,600 192,600 A District Police Station 696,963 1,048,064 3,963,872 5,708,899 Fire Training Center 1,070,000 1,070,000 2,140,000 City Hall Fire Alarm 1,070,000 1,070,000 City Court Fire Alarm 535,000 535,000 Vehicle Purchase Streets 647,350 802,500 802,500 802,500 802,500 3,857,350 Police HQ Renovations 107,000 107,000 Cars on Main Street 401,250 401,250 Michigan Ave Streetscape 107,000 107,000 Police Garage Windows 80,000 80,000 Shea's Air Conditioning 321,000 321,000 Grider Street 315,000 315 Signal Improvements 250,000 250,000 500,000 Kenmore Avenue Paving Streetscape 313,510 193,000 506,510 Niagara Street Gateway Project 90,201 90,201 Porter Ave Observation 96,300 96,300 Buffalo Medical Campus Streetscape 214,000 214,000 Fargo Ave/D'Youville Streetscape 107,000 107,000 Bridge Repair 428,000 428,000 Elmwood Ave 221,100 221,100 Bailey Cazenovia Creek 2,000,000 2,000,000 N Buffalo Rails to Trails 100,000 100 Anticipated NYS Match 2,200,000 2,200,000 2,200,000 6,600,000 E District Off Street parking 53,500 53,500 Clean & Seal 192,600 192,600 ADA & Code Compliance 125,000 125,000 250,000 Kleinhans Electrical Upgrade 100,045 100,045 Police Garage Car Wash 124,120 124,120 City Court Renovations 250,000 250,000 250,000 250,000 1,000,000 HVAC & Plumbing Various 125,000 125,000 125,000 125,000 500,000 Johnnie B Wiley Sports Complex 700,000 700,000 1,000,000 2,400,000 Zoo Roofs Various 294,250 294,250 NW CC Air Conditioning 160,500 160,500 Upgrade Museum of Science Electrical 700,000 700,000 60 Hedley Place 321,000 321,000 Kleinhans ADA 53,500 53,500 Cazenovia Pool 97,083 97,083 Sycamore Village 1,712,000 1,712,000 7,309,376 4,016,783 8,613,713 5,375,564 8,341,372 33,656,808 I r5 In closing, I would like to note my concern that the Five Year Capital Plan resembles more of an annual plan, and not in line with the intent of the City Charter, Article 19 -2. The Five Year Plan should include those projects that have already gone through a comprehensive planning process and are prepared for budgeting, with detailed and researched project costs to illustrate prudence and commitment. Department Head Name: Andrew A. SanFilippo Title: Signature of Department REFERRED TO THE SPECI cOMMITTEE ON BUDGETJ 4 F ' V, v Certificate of Necessity Transfer of Funds Capital Projects We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that the sum of $400,000 be transferred and reappropriated in Capital Improvements. The details of the requirements are set forth below: From: 30000106 - 445100 Planning Capital Projects $400,000 10 31540006 - 445100 Cars on Main St. $125,000 31655806- 445100 G.I.S (Geographic Information System) $125,000 (new account needed) Michigan Ave. Streetscape (Broadway to Goodell) 75,000 (new account needed) Fargo Ave /D'youville College Gateway 75,000 Dated: Buffalo, NY, November 21, 2006 Comptroller /// 1 I - B yron .s -° Mayor Daniel E. Kreuz, P.E. City Engineer 651 -5631 November 20, 2006 Mrs. Donna Estrich Commissioner of Administration & Finance Room 203 Buffalo, NY 14202 Re: Request Funds- Reserve Planning Fund for Capital Project Dear Mrs. Estrich: In order to move forward with design of capital projects our department is requesting funds be transferred from the Reserve for Planning Capital Project account #30000106 as follows: • Cars on Mains St. design and survey $125,000 Account #31540006 • Continuing Geographic Information Systems $125,000 (G.I.S.) development and implementation Account #31655806 • Michigan Ave. Streetscape, Broadway to Goodell St. $ 75,000 New account needs to be established • Fargo Ave. /DYouville College Gateway $ 75,000 New account needs to be established I would like to request that the necessary item be filed by Wednesday 11/22/06 for the Common Council meeting on 11/28/06. If you have any questions or need further information please contact my office. DEK/j lj Ve truly yours, Daniel E. Kreuz, P. . City Engineer Cc: Commissioner Joseph N. Giambra B. Troy J. Bidell S. Ghasemi 15 FROM THE PRESIDENT OF THE COUNCIL / DAVID A. FRAN CZYK PRESIDENT FILLMORE DISTRICT OF THE COUNCIL MEMBER BUFFALO COMMON COUNCIL 65 NIAGARA SQUARE 1315 CITY HALL BUFFALO, NY 14202 - 3313 (716) 351 -4138 FAX: (716) 851 -4869 E -mail: dfranczyk @city -bu ffalo.cosn City of Buffalo Website: www.city- buffalo.com November 17, 2006 John M. Laping, FAIR Chair, Buffalo Preservation Board 901 City Hall Buffalo NY 14202 AN 14 V-x-)Ak� Dear Mr. La ng: Pursuant to Chapter 337 -3 of the City Charter Preservation Code, I am appointing the following individuals to the Buffalo Preservation Board: ❖ Timothy Tielman, 65 Ketchum St., Buffalo, NY 14213 •.♦ Paul J. McDonnell, 82 Allenhurst Rd., Buffalo, NY 14214 Mr. Tielman works at 97 Elmwood Avenue, which meets criterion number two of the preservation standard that an applicant to the Preservation Board "shall live, work or own property" within a predominantly residential historic district. Mr. McDonnell is an Associate Architect with the Buffalo Public Schools, where he is responsible for planning, rehabilitation, construction and maintenance of schools, including project management of the $1 billion Joint Schools Reconstruction Project (see attached resume). Mr. Tielman and Mr. McDonnell replace Alison Kimberly and Dennis Masters whose terms have expired. a ECEiNfED AND FILED Enclosure Respectfully submitted P vid A.Franczyk /Council President 19 FILLMORE DISTRICT COUNCIL MEMBER DAVID A. FRANCZYK PRESIDENT OF THE BUFFALO COMMON COUNCIL November 20, 2006 Mr. Gerald Chwalinski City Clerk 1308 City Hall Buffalo, NY 14202 RE: Food Store Application 388 Paderewski, Dear Mr. Chwalinski: 65 NIAGARA SQUARE 1315 CITY HALL BUFFALO, NY 14202-3318 (716) 851-4138 FAX: (716) 851-4869 E-mail: dfranczyk@city-buffalo.coni City of Buffalo Website: www.city-buffalo.com Please file the attached. inspection report from the Division of Permit & Inspections for the next Council Meeting. The report refers to a Food Store License previously filed for 388 Paderewski. The license application is presently in the Legislation Committee (#72 of CCP November. 1.4, 2006). Thank you. Sincerely �avid A. Franczyk DAI^:Inic REFERRED TO THE COMMITTEE Q N L E V'G­ i GLATI 0 N. L CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE FERARRACIO APPLICATION FOR: BORGES GROCERY STORE LICENSE TYPE: FOOD STORE NEW LICENSE 2007 BUSINESS ADDRESS: 388 PADEREWSKI aBUSINESS PHONE: 308 -0827 COUNCIL DISTRICT: FI POLICE DISTRICT: 08 APPLICANT NAME: FRANCISCO BORGES APPL. PHONE: 308 -0827 APPLICATION NUMBER: 544265 REFERRAL DATE: 08/09/2006 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: // CZ® ® � DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** �t & mg j 4e REMARKS: 14OP43 Z iq /un INSPECTOR � RM# _ 3 i EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App3lip2.rpt r, City Of Buffalo 09/14/2006 New York Department of Assessment and Taxation Bill Number 02940800 SBL 1 123700004024000 Owner Name MOHAMED NASR ALI & Property Address Land Value Mailing Address 388 PADEREWSKI 1,100 Deed Information 65 Niagara Square 101 City Hall Buffalo, NY 14202 -3385 Roll 1 Swis 147004 Act/Inactive A ABDO ALAWI M Property Zip Code 14212 Total Assessed Value 15,700 388 PADEREWSKI DR BUFFALO NY 14212 Deed Date 10/17/1994 Deed Book 10878 Deed Page 3285 Deed Type W Property Description Frontage 0000030 Depth 0000076 Acres 0000000 Bank Code 0000000 Census # 1600305 Description East Cor. Playter Council District FI Property Class Code 482 DOWNTOWN ROW TYPE (DETACHED) Exemption Information Code Description Amount Percentage n 3 2 19 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS #1 (Rev. 7/00) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 16, 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 STOP SIGNS - INSTALL ,a )001 1 9 11 [: Notification Serial #10146 [: Install Stop Signs [: in King Street [: at Benzinger Street 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 I 1 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING King Street Benzinger Street This action is being taken to provide stop control at a previously uncontrolled intersection. JNG/DEK/EDS /RWS TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: KingBenzingerinstall Stop RECEIVED AND FILED l #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 21, 2006 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings e? SUBJECT: [: Change in Contract [: City Hall [: Surveillance System [: Job #0549 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP TEXT: I hereby submit to Your Honorable Body the following changes for City Hall, Surveillance System, U & S Services, C #92011125. Help Alarm System for the City Clerk's Office and Council Chambers; relocate two (2) cameras from the 13 floor to the 12 floor to monitor the entrance to the MIS Dept.; add three (3) additional access controls for the MIS Dept.; upgrade the access control keytags to smart cards; relocate one (1) camera from the 2 nd floor to the basement personnel entrance door near the Mayor's garage; and add a Aiphone Sub - Master Station for the Mayor's bodyguard. Add $ 18,030.00 The foregoing change results in a net increase in the contract of Eighteen Thousand Thirty and 00/100 Dollars ($18,030.00). Summary: Current Contract Amount $175,619.00 Amount of This Change Order ( #2) Add $ 18,030.00 Revised Contract Amount $193,649.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are being completely paid for with Federal Homeland Security funds from UASI Year 3 Grant, Account #24142487 - 474100, Project ID #10250. DEK/JNG /PJG /dlg cc: Comptroller C. Serafin, Bldgs. Department Head Name: Daniel E. Kreuz, P.E. Title: for ComRiissioner of PubAic Works, Parks & Streets Signature of Department Head: I Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 21, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to U & S Services, an increase in the amount of $18,030.00, as more fully described in the above communication, for work relating to Job No. 0549, City Hall, Surveillance System, C #92011125. Funds for this project are available with Federal Homeland Security funds from UASI Year 3 Grant, Account #24142487- 474100, Project ID #10250. Passed 17 PJS:rmv tAwp60\msword \:rmv\ i 7c I 1- 28a.doc [MAJ- 51 * * 0 i [ 213 - 6 ] ON - 7] * AYE* NO BONIFACIO * DAVIS FO N UNA FRANCZYK * * * * GOLOMBEK KEARNS * LOCURTO * * * THOMPSON * [MAJ- 51 * * 0 i [ 213 - 6 ] ON - 7] "1 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 21, 2006 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings ' f , , 3 - s' c SUBJECT: [: Change in Contract [: Main Mercer Fire Station [: Roof Reconstruction [: Job #0603 [: Masten District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP TEXT: I hereby submit to Your Honorable Body the following changes for the Main Mercer Fire Station, Roof Reconstruction, Jameson Roofing Co., Inc., C #92011137. 1. Reconstruction of tower roof. Add $ 11,251.00 The foregoing change results in a net increase in the contract of Eleven Thousand Two Hundred Fifty One and 00/100 Dollars ($11,251.00). Summary: Current Contract Amount $ 79,798.00 Amount of This Change Order ( #1) Add $ 11,251.00 Revised Contract Amount $ 91,049.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 39320406 445100 -Buildings. DEK /JNG /PJG /dlg cc: Comptroller C. Serafin, Bldgs. Department Head Name: Daniel E. Kreuz, P.E. Title: fomqmissioner of Public Works, Parks & Streets Signature of Department Head: Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 21, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Jameson Roofing Co., Inc., an increase in the amount of $11,251.00, as more fully described in the above communication, for work relating to Job No. 0603, Main Mercer Fire Station, Roof Reconstruction, C #92011137. Funds for this project are available in 39320406 445100 — Buildings. Passed IV PJS:rmv tAwp60\msword \:rmv \18c 11- 28a.doc I *AYE* NO BONIFACIO * DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO THOMPSON * [ MAJ - 51 * * 0 [213 - 6] [ 34 - 7 # 1 (Rcv. 1/93) COMMUNICATION TO THE COMMON COUNCIL o _ TO: THE COMMON COUNCIL F _ DATE: November 21, 2006 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Commissioner's Office SUBJECT: (: Emergency Debris Removal and Tree Contracts PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx/xx /xx) On October 13, 2006, Mayor Byron W. Brown declared a State of Emergency in the City of Buffalo. This declaration was due to a snowstorm that caused extensive damage to City -owned properties. To assist in the cleanup, this department issued the following contracts: Asplundh Environmental Services, Inc.(not to exceed $20M) 217 Fairhope Ave. Fairhope, AL 36532 Modern Corp. (not to exceed $150,000) 4746 Model City Rd. Model City, NY 14107 Phillips and Jordan, Inc.(not to exceed $20M) 191P &JRoad P.O. Box Drawer 604 Robbinsville, NC 28771 Pine Ridge Inc.(not to exceed $50,000) 7135 Davis Rd. West Falls, NY 14170 Secord & Secord (not to exceed $100,000) 10951 Holland Glenwood Rd. Holland, NY 14080 c/ Schnecks Tree Services (not to exceed $100,000) 2851 Southwestern Blvd. Orchard Park, NY 14127 G &H Contractor & Home Improvement(not to exceed $100,000) Occhino (not to exceed $25,000) 89 Leonard St. 2650 Seneca St. Buffalo, NY 14215 West Seneca, NY 14224 CGM (not to exceed $1 M) 411 Ludington St. Buffalo, NY 14206 Tamarack (not to exceed $500,000) 245 Potter Rd. Canton, NY 13617 Donald Braasch (not to exceed $50,000) 1661 Lakeview Rd. Lakeview, NY 14085 Serafmi Trucking (not to exceed $200,000) 3528 Broadway Buffalo, NY 14227 Scott Lawn Service (not to exceed $ IM) 5552 Townline Rd. Sanborn, NY 14132 Pinto Construction (not to exceed $500,000) 1 Babcock St. Buffalo, NY 14210 Page 2 Thomas Homme Inc. (not to exceed $50,000) 8606 Cole Rd. Colden, NY 14033 TYPE DEPARTMENT HEAD NAME: Joseph N. Giambra TYPE TITLE: Commissioner of Public Works, Parks and Streets SIGNATURE OF DEPARTMENT HEAD: JNG/cmg RECENED AND MLEn #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 22, 2006 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: 100 Seneca Street; [: Encroachment [: Into City right of way [: (Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx, C.C.P. xx /xx /xx Mr. Bill Leahy, Project Manager for Ellicott Development Company, has requested permission to encroach City right of way with plant landscaping beds at 100 Seneca Street. The planting beds would extend 5' from the property line into City right of way on Swan and Seneca Streets. A minimum of six feet of public sidewalk remains after installation. The applicant has obtained the appropriate building permit ( #96154) and City Planning Board (7/19/05 meeting) site plan approval including the landscaping beds for the parking lot at this location. The Department of Public Works, Parks and Streets has no objection to the installation of said planting beds provided they are maintained by the applicant and do not extend more than 5' into City right of way. JNG: DEK: MGM: jaz TYPE DEPARTMENT HEAD NAME: Joseph N. Giambra TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: C.i REFERRED TO THE COMMITTEE ON LEGISLATION. C} #2 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: BATE: Novernher 16, 2006 t DIVISION: PUBLIC WORKS, PARKS AND STREETS BUILDINGS ( "), ' SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: (TYPE SINGLE SPACE BELOW) [: Increase in Contract [: Martin Luther King Jr. Park Improvements Contract No. 92011175 We are requesting permission of your Honorable Body to increase the above contract with Scott Lawn Yard in the amount of $46,172.03. This change order was necessitated due to additional work to: - replace a concrete ramp off Best St. - repair and repoint the stone wall at the ML King Memorial -mill and repave part of Fillmore Ave and increase the pattern concrete crossway The prices have been found to be fair and reasonable by our consultant, Wendel Duchscherer. Funds for this work are available in Bond Account 31590006 and are reimbursed from a NY State Multi -Modal grant. SUMMARY Contract Amount - $400,000.00 Change Order - $46,172.03 New Contract Amount - $446,172.03 JNG /DEK /EMP TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: � (cj J_ I G� Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 16, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Scott Lawn Yard, an increase in the amount of $46 , ,172.03, as more fully described in the above communication, for work relating to Martin Luther King Jr. Park Improvements, C #92011175. Funds for this project are available in Bond Account 31590006 and are reimbursed from a NYS Multi -Modal grant. Passed 21 PJS:rmv tAwp60\msword \:rmv\21 c 11- 28a.doc *AYE* NO BONIFACIO * DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * * * THOMPSON [MAJ- 51 * * 0 [213 - 6] PM - 7] #2 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: FROM: DEPARTMENT: DIVISION: SUBJECT BATE: November 16, 2006 PUBLIC WORKS, PARKS AND STREETS BUILDINGS [: Increase in Contract [: Shoshone Park Improvements Contract No. 92011046 PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: (TYPE SINGLE SPACE BELOW) We are requesting permission of your Honorable Body to increase the above contract with Armor Fence in the amount of $9541.00. This change order was necessitated due to additional work to repair the backstops and fencing iu the park. The price has been found to be fair and reasonable by our staff. Funds for this work are available in Bond Account 38400106. SUMMARY Contract Amount - $25,71 Change Order - $9541.00 New Contract Amount - $35,254.00 JNG /DEK /EMP TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: City SIGNATURE OF DEPARTMENT HEAD: ` p Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 16, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Armor Fence, an increase in the amount of $9,541.00, as more fully described in the above communication,. for work relating to Shoshone Park Improvements, C #92011046. Funds for this project are available in Bond Account 38400106. Passed 22 PJS:rmv tAwp60\msword \:rmv\22c I 1- 28a.doc *AYE* NO * BONIFACIO DAVIS * * * FONTANA * FRANCZYK GOLOMBEK KEARNS LOCURTO * * THOMPSON * [ MAJ - 5 [213 - 6] [3t4 - 7 ] # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: November 21, 2006 FROM DEPARTMENT: PUBLIC WORKS, PARKS & STREETS DIVISION: WATER SUBJECT: [: Permission to engage services for new high service pumps [: Consulting Engineer L: Ellicott PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) We request permission from your Honorable Body to hire CRA Infrastructure & Engineering (CRA), a consulting engineer, to provide design and bidding services for the implementation of new high service pumps at the Colonel Ward Treatment Complex. The project involves the design and implementation of two (2) new 25 million gallons per day (MGD) pumps. The new pumps will enable the Division of Water to meet system demand in more efficient manner by providing more pumping flexibility. The energy saving associated with this project including a new pump at the Massachusetts Pumping Station (to be completed under a separate project) is approximately $500,000 per year. The costs for the consulting services is estimated to be $291,000.00 and the construction cost is estimated to be $2 million. CRA is a qualified Energy Services Company (ESCO) in accordance with NYSERDA (New York State Energy Research and Development Authority) procurement requirements, and thus is eligible to complete this project with funding assistance from NYSERDA PON 984. This project has been awarded $500,000 from NYSERDA 984. PON 984 provides 60% of the grant funds will be paid upon completion of construction, with the remaining 40% applied based on measurement and verification of the power saving. CRA will not bill the City for the work, but instead deduct the $291,000 fee from the grant proceeds received upon completion of construction. The remaining portions of the grant from NYSERDA will be passed through to the City. DEK:PJM:kf TYPE DEPARTMENT HEAD NAME: Joseph N. Giambra TYPE TITLE: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: )3 o Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 21, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consulting engineer to provide design and bidding services for the implementation of new high service pumps at the Colonel Ward Treatment Complex. Funds for this project have been awarded $500,000 from NYSERDA 984. PON 984 provides 60% of the grant funds will be paid upon completion of construction with the remaining 40 %o applied based on measurement and verification of the power saving. CRA will not bill the City for the work, but instead deduct the $291,000 fee from the grant proceeds received upon completion of construction. The remaining portions of the grant from NYSERDA will be passed through to the City. Passed. 23 PJS:rmv TAwp60\msword\rmv\23ci 1- 28a.doc *AYE* NO BONIFACIO * DAVIS * * * FONTANA FRANCZYK * GOLOMBEK KEARNS LOCURTO * s * THOMPSON * [ MAJ - 51 * * 0 [213 - 6) [ 314 - 7 ) �l r 22 FROM THE CORPORATION COUNSEL TO: THE COMMON COUNCIL DATE: November 22, 2006 FROM: THE DEPARTMENT OF LAW ? i 0` SUBJECT: Utility Easement Agreement, Niagara Mohawk Power Corporation for use of 32 Cedar - School No. 32 (Ellicott District) PRIOR COUNCIL REFERENCE: Com 12, CCP November 14, 2006 The law department has reviewed the proposed utility easement submitted to the Common Council for consideration by the Office of Strategic Planning regarding Niagara Mohawk's request for use of 32 Cedar. =Our office would recommend approval contingent on the attached Utility Easement Rider also being included. DEPARTMENT HEAD NAME TITLE: Alisa A. Lukasiewicz Corporation Counsel SIGNATURE OF DEPARTMENT HEAD: PY- UTILITY EASEMENT RIDER The provisions in this Rider are an integral part of the easement instrument ( "Easement ") to which it is attached, and supersede any conflicting provisions in the Easement if such conflict exists. "Owner" means the grantor of the easement rights and any future owner of the property. "Grantee" means the grantee of the easements rights and any person attempting to exercise such rights. 1) This is a non- exclusive easement. 2) All construction, installation, operation, maintenance, repair, replacement or removal by Grantee shall be at no cost to the Owner. 3) All improvements, fixtures and equipment in the easement area shall be installed below the ground surface and shall not be visible from the surface unless specifically indicated to the contrary herein or shown on an attached drawing. 4) If the surface of the easement area or of Owners property or if any improvements thereon are disturbed by Grantee's activities at any time, the surface and improvements shall be promptly restored by Grantee and to good condition. 5) Owner and its successors or assigns shall have the right to use the land within the easement in any manner which does not interfere with the rights of Grantee; including without limitation, the right to pave the land and use the same as a parking lot or roadway and the right to install, maintain, replace, repair, remove and operate utility lines, such as sanitary sewers, storm sewers and gas lines, provided, no building or structure shall be erected or permitted on the easement without Grantee's consent which consent Grantee agrees not to unreasonably withhold or delay. \ \server5 \taw \wp60 \3SG \jvh \UTILITY EASEMENT RIDER.11- 06- 06doc.doc 23/24 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES To: The Common Council: , �) f �' Date: November 15, 2006 From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject: [: Food Store License [: 2235 Genesee (Lovejoy) Prior Council Reference: (If Any) [: Ex. ( Item No. xxx C.C.P. xx/xx/xx Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2235 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Department Head Title: COMMISSIONER RMT :mrz 1, [A CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REOUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: L & B'S CORNER STORE LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2235 GENESEE 444 -5801 LO 11 LEROY HEARD 544927 10/17/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) A PFi2.2�L�A DISAPPROVED DISAPPROVAL CA T.11. U A CW DATE: ILJ�� DATE: DATE: * * *REASON FOR DISAPPROVAL MUST BE STATED BELOW* * * REMARKS: INSPECTOR 2 ) EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: L & B'S CORNER STORE LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2235 GENESEE ( 444 -5801 a(L) LO 11 LEROY HEARD 544927 10/17/2006 jt'�c1 � NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) I'PROVED DATE �� `- y DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR ;"-�.�/ - RM# 3 EXT y' 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: L & B'S CORNER STORE LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2235 GENESEE 444 -5801 LO 11 LEROY HEARD 544927 10/17/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CA DATE: DATE: DATE: * * *REASON FOR DISAPPROVAL MUST BE STATED BELOW* * * REMARKS: INSPECTOR RM# 3w EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslip2.rpt OFFICE OF LICENSES 313 CITY HALL BMALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE RGEFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: L & B'S CORNM STORE LICRNSE TYPE; FOOD STORE BUSINESS ADDRBSS: 2235 GENE= BU8II M PRONE: 444.5801 COuxem DrsTmcT: Lo : rol,IC� nlsT�cr: 1 � APPLICANT NAM; U ROY FffiOD APPI« PHONE: AEPUCATION NUMBER: 544927 UF19RAL DATE: 10/17/2006 DISAPPROVAL REASON; or) NF,W LICENSE 2007 0 BE COWLET$D BY A6BNCIUD1K RP.!'BBBED TO) APFRO D DATE: 11 c _ DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN, cii `r Cpz L� APPROVED DATES fl _ -- DISAPPROVED DATE: * * *REASON FOR DISAPPROVAL. N, YC7ST BE STAT BELOW * *" RF,AdARKS: COMM. OF POLICE: r „� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES THANK YOU. AFAWia•R# CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REOUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: L & BS CORNER STORE LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL PHONE: APPLICATION NUMBER: REFERRAL DATE: 2235 GENESEE 444-5801 LO II LEROY BEARD 544927 10/17/2006 NEW LICENSE 2007 REMARKS: DISAPPROVAL REASON: OWES PARKING TICKETS P r` �� -- ------------------ -------- - ------- - ----------- -- ----- ---------------------------------------------------------------------- --- - -- - ---- - ---- - ----- - --- - --- - --------- ------ (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) =APPROVED DISAPPROVED DISAPPROVAL rAirl'uArw k> 4. DATE: DATE: - DATE: * * *REASON FOR DISAPPROVAL MUST BE STATED BELOW* * * REMARKS: INSPECTOR Rm# -& EXT - 3; AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip-l-rPt DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES OFFICE OF LICENSES 313 CITY HALL r ., BUFFALO NY 14202 851 -4078 LICENSE APPLICATION PLEASE CHECK LICENSE CATEGORY APPLYING FOR RESTAURANT BAKERY C.ONFECTIOAER RESTAURANT TAKEOUT CATERER - FOOD STORE`' MEAT, FISH & POULTRY. Date i b / 20 -_a C� Applicant Name Applicant Home Phone # Applicant Address (No., Street) (City, Town or Village) (State) (Zip) Co- Applicant Name Co- Applicant Address (No., Street) (City, Town or Village) (State) (Zip) Corporation. Name Date Incorporated Business Name t ci✓ f S a �-� Date of Business Certificate e l k- `'o Business Address 2 e (No., Street) (City, Town or.Villae (State} {Zip) Mailing Address (if different than business address) (No., Street) (City Town or Village) (State)` (Zip) Business Phone # Fax # State Tax ID Number 2,0 -- S' J .J I Social Securi No. of Employees (Balser & Confectioner only) xd � pplicant Signature ubs ribed_and sworn to before me this Day of C� 20 FEES RESTAURANT . 0 400 SEATS $174.00 201- 400 SEATS 1 $250.00 unissione of eels and for the U 401.+ $325.00 City of Buffalo, w York RESTAURANT TAKEOUT /CATERING $ 88.00 MEAT,FISH & POULTRY (2 YRS.). $150.00 FOOD STORE $115.00 BAKER/CONFECTIONER 0 -2 EMPLOYEES $63.00 3 -10 $105.00 11 -25 $157.00 26-50 $315.00 51 -200 $525.00 RST appl Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated November 15, 2006, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Leroy Heard, located at 2235 Genesee Street.t -o. Passed. 2 4A PJS:rmv TAwp60\rnsword\rmv\24ac I 1- 28a.doc � * AYE* NO BO CIO DAVIS FONTANA MANCZYK GOLOMBEK KEARNS LOCURTO * Lia Or * THOMPSON [MAJ- S] * 0 [2/3 - 6] [3/4 -7 26 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 11/22/06 FROM: DEPARTMENT: Community Services and Recreational Programming SUBJECT: [:Permission to Accept Funds from [:State of New York Governor's Traffic Safety Committee PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) The City of Buffalo has been successful in obtaining grant funds for a "Bicycle Safety Training and Helmet Distribution Program" from the New York State's Highway Safety Program. The amount of the grant award is $36,665. The funds are to be used by the Department of Community Services and Recreational Programming in partnership with the Police Department and Police Athletic League to conduct a series of bicycle safety seminars and helmet giveaways in schools, community centers, and parks and playgrounds. The program intends to increase understanding bicycle safety rules and the dangers of not wearing helmets while bike riding with the goal of reducing accidents and serious injuries. I am therefore requesting permission from your Honorable Body for the City of Buffalo to accept grant funds from New York State, to authorize execution of all necessary agreements to implement this grant, and to set up an appropriate account receivable for this purpose. SIGNATURE DEPARTMENT HEAD TITLE: Tanya Perrin - Johnson Community Services and Recreational Programming Mr. Bonifacio moved: That the above communication from the Department of Community Services and Recreational Programming dated November 22, 2006, be received and filed; and That the City of Buffalo accept grant funds in the amount of $36,665 from New York State's Highway Safety Program, and they hereby are authorized to execute all necessary agreements to implement this grant, and to set up an appropriate account receivable for this purpose. Passed 25 PJS:rmv t:\wpWmsword \:nnv\25c I 1- 28a.doc *AYE* NO BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * THOMPSON [MAJ- 51 * * 0 [ 2/3 - 61 [3M - 7] FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY r Nro� [f,S. epa °t ent of Hottshig aria Urban .Develots, Ol 0, Buffalo Qffico 465 Main Street Ilr� Buffalo New York 14203-1780 0 1 0 (716) 551 -5755 EP 0 G Q�p 200 Mr. Gillian Brown VU Acting Executive Director and Members of the Board. of Commissioners Buffalo Municipal Housing Authority 300 Perry Street Buffalo, NY 1.4204-2270 Dear Mr, Brown and Members of the Board of Commissioners: SUBJECT: Buffalo Municipal 1 Authority (BM1IA Comprehensive Management Assessment Report Based on your letter of July 28, 2006, along with your meeting with my staff on August: 18, 2006, this correspondence serves to address the current status of BMIIA's closeout activities associated with the Comprehensive Management Assessment Review conducted by this Office in November 2005, At this time, all findings are closed except findings number I and number 27, Please review the following to verify correctness: Finding Number 1: Board has not filled the vacant Executive Director position since: the prior director left in March 2005 BMHA's July 28, 2006 response to HUD did not address the status of this finding, To close this finding, the housing authority needs to address Tully the'following corrective actions cited in our December 31, 2005 comprehensive review report: ® Establish an interim Executive Director who will serve until a permanent Executive Director is selected. • Submit an outline of the PHA's selection process and criteria, including timeframes. The Executive Director shall be selected after a broad scarch for the inost qualified person within the salary range suitable. for this position, ® Inform this Office of t:he status of the progress in selecting a new Executive Director, Our initial report stated that this lindin -f would remain oper). until the P1-1A selects the highest qualified individual available from yotir broad search and selection, We are very concerned at the slow progress being made on this finding and request a full discussion on activities initiated to close it. Current Status, Open Finding Number 2: Board over- involved in day -to -play BM HA operations Current Status: Closed }) 0 www.luld -gov esuaI)o1.1)ifd.aov 2, Finding Number 3: 13MIIA travel irregularities and non-compliance with approved travel policy Current Status: Closed Finding Number 4: Cell phone policy abuses Current Status: Closed Finding Number 5: Ineligible uses of BM HA-issued credit caress Current Status: Closed Finding Number C: BMHA awarding contracts without full and open competition Current,Status: Closed Finding Number 7: Contract award process unduly restricts full and open competition Current Status.- Closed Finding Number S: (questionable irregularities found in selection of Architec"ngineering Contracts Current Status: Closed Finding Number 9: Procurement procedures, as required by federal law, are limited Current Status: Closed binding Number 10: Contracts being awarded without documentation to support tine cost; reasonableness of the award Current Status: Closed 1 +indhig Number 11 :` Rationale for award not documented and change orders not ira compliance with federal requirements Current Status: Closed Finding Number 12: Income improperly excluded from rent calculations for tenants with 13MIIA- related income Current Status: Closed Finding Number 13: Board of Commissioners' $75 inouthly auto allowance in. violation of Section 14(b" of the Annual Contributions Contract Current Status: Closed Finding Number 14: BMHA not documenting the rationale for award of contracts Current Status: Closed Finding Number 1.5: Minority Business Enterprise (MBE) and Section 3 Programs not in compliance with federal requirements Current Status. Closed Finding Number 16: Requests for proposals not in compliance with federal requirements Current Status: Closed Finding Number 17: No approved schedule of tenant charges for services and repairs Current Status: Closed Finding Number 18: Board-approved apartment lease with former Executive Direct is less than market rate and carries no benefit to BMHA Current Status: Closed Finding Number 1.9: BMHA in violation of Procurement policy regarding the Contract for development specialist Current Status: Closed Finding Number 20: Procurement of professional services contract not in accordance with federal procurement regulations Cary ent Status Closed Finding Nuniher 21, Mandatory federal contract forms omitted from contracts Current Status: Closed, Finding Number 22: Independent cost estimates not being performed by BI IIA Current Status: Closed , H 4. Finding Number 23: BMUA not checking Limited Denial of Participation list to identify pat-ties excluded from federal procurement prior to award of contracts Current Status: Closed Finding Number 24: BMHA fails to obtain required IIUD approval for procurement actions Current Status. Closed Finding Number 25, Contractor bonds not being checked prior to award of contracts Current Status: Closed Finding Number 26: Contract closeouts not being documented by BMHA and warranty inspections not being conducted Current Status: Closed Finding Number 27: BMHA By-Laws outdated The BMHA response states that the number of Board of Commissioners is at its full compliment and this item will be brought to the Board Chairman's attention for further action. To close this finding, BMHA must submit its updated By-Laws, along with a Board resolution addressing this item. Current Status: Open Finding Number 28: Commissioner appointed to incorrect Board term Current Status: Closed Finding Number 29: No established standard operating procedures for preparation of Voucher Man ngemeitt. System (VMS) Current status" Closed, Finding Number 30 Housing Assistance Payments (HAP) expenses incorrectly reported in VMS a Current Status. Closed As you will note from this current status report, the housing authority has made significant progress in resolving our findings. T- Towever, there are still two (2) open. findings and we are very concerned that failure to close these findings prior to October 1, 20061 will have a negative impact on your housing agency's successful transition to asset inan.agement, Should you have questions or concerns regarding this letter, please feel free to contact Michele Bauer at. 551-5755, extension 5409. Sincerely, \\J�) a4,�, � (-5 :Ioau K Spilman Director Office of Public Housing, 2CPII. cc: Buffalo Fiscal Stability Authority BMHA Board of Commissioners ' 0VE D ME BUFFALO MUNICIPAL HOUSING AUTHORITY SINGLE AUDIT REPORTING PACKAGE June 30, 2006 IN] Lumsden & McCormick, LLP Certified Public Accountants .1D '-j Mr. Bonifacio moved: That the above communication from the Buffalo Municipal Housing Authority, be received and filed; and That the Buffalo Municipal Housing Authority Single Audit Reporting Package June 30, 2006 be and hereby is approved. Passed 27 PJs:mv TAwp60\msword\rmv\27c 11- 28a.doc * AYE* NO BONIFACIO DAMS * * * FONTANA * FItANCZYK GOLOMBEK KEARNS LOCURTO THOMPSON [MAJ- Sj U (2/3 - 61 [3/4 - 7j 35 FROM THE CITY CLERK � E A Common Council City of Buffalo ANTOINE M. THOMPSON MASTEN DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1316A BUFFALO, NY 14202 - 3318 PHONE: 851 -5145 • FAX: 851 -5443 E -mail: athompson @city- buffalo.com Website: http: / /www.city- buffalo.com TO: Hon David Franczyk, Council President Mr. Gerald Chwalinski, City Clerk FROM: Antoine M. Thompson, Masten District Council Me DATE: November 14, 2006 Letter of Resignation LEGISLATIVE ASSISTANTS MARK J. BOYD SCOTT J. STEINWALD COMMITTEES CLAIMS COMMUNITY DEVELOPMENT JOINT SCHOOLS CONSTRUCTION BOARD CHAIRMAN EDUCATION MINORITY BUSINESS ENTERPRISE tuber This Letter shall serve as my official statement of resignation from the position of Council Member of the Masten District, commencing at 11:59 pm on the 31 Day of December 2006. I look forward to working with the Common Council and the Mayor of Buffalo. As the Common Council puts together its annual legislative agenda, please let me know how I can support those endeavors. If you have any questions, please do not hesitate to call me at 851 -5145 (now) or 854- 8705 (after Jan. 1). Iii "Making Things Happen, Getting Things Done" 43 No. , Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 242 Allen St. 1223 Niagara St. RECEIVED AND FILED Business Name 244 Allen LLC Fuhgeddaboudit Owner's Name E. R. Castine, Jr. P. Wright t _ i STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL NOTICE OF HEARING PURSUANT TO SECTION 64(7) OR 64 -a(7) of the Alcoholic Beverage control Law TO: Applicant and Residence Address Community Board/Municipality: Edward R Castine, Jr City of Buffalo 81 Audubon Dr. Office of the City Clerk Amherst, NY 14226 City Hall 12/6/06 Niagara Square 125 Main St. Buffalo, NY 14202 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64 -a (7) of the Alcoholic Beverage control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: Date: Time Place of Hearing Room NYS Liquor Authority 556 12/6/06 10:30 AM 125 Main St. Buffalo, NY 14203 An on- premises liquor license application was filed on 97106 with the State Liquor Authority for the following premises: Applicant's Name: ERIE OP 3132515 252 Premises Address: 244 ALLEN LLC 242 ALLEN ST '1FFALO NY 14201 Testimony will be taken from: the applicant and /or an authorized representative, an inuiviuua, uuly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre- registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at ( 716 ) 847 - 3060. Individuals who do not pre- register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing, Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. THERE WILL BE NO ADJOURNMENT OF THIS HEARING. Cc: Alcohol Management Consulting STATE LIQUOR AUTHORITY > j DATE: BY `-► ' "/� Brandon W'Ntyes, Executive Officer, Zone III �3 FORM: L.D.3 (8 /05) cb Wise Guise LLC DBA Fuhgeddaboudit 1223 Niagara Street Buffalo, NY 14213 November 16, 2006 Buffalo City Clerk 65 Niagara Square, Room 1308 Buffalo, NY 14202 To Whom It May Concern, I, Poppy Wright, President and owner of Wise Guise LLC intend to apply to the State of New York for an on premises liquor license for 1223 Niagara Street, Buffalo, NY 14213 to be doing business as Fuhgeddaboudit, a bar and grill. I am presently in the process of purchasing said property, formerly known as Danny Zack's Bar and Grill. Please contact me at (916) 213 -6853 or 338 Richmond Avenue, Buffalo, NY 14222 with any questions or concerns. Thank you, Poppy right .. 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 - L. ijia, -u 6 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. 1 I, # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: Date: November 21, 2006 Assessment and Taxation SUBJECT: [: Robyn Tisdale [: Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) I am granting Robyn Tisdale a leave of absence from her permanent position of Account Clerk in the Department of Assessment and Taxation, to allow her to accept the temporary position of Associate Tax Clerk in the Department of Assessment and Taxation. The leave of absence is effective December 4, 2006. TYPE DEPARTMENT HEAD NAME: Bruna Michaux TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: DATE: November 14, 2006 POLICE 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 ' r Laborer I Leonard R. Valvo assigned to Headquarters has been granted an extension to his medical leave of absence without pay for the period of 2 months commencing November 12, 2006 through January 12, 2007. HMG /tlo TYPE DEPARTMENT HEAD NAME: H. McCarthy Gipson TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: A NAME: L e, i: * t,. 12 *SSN: Ux - XX - ; � a a ** LAST FOUR (4) DIGITS ONLY** RANK: I- Arz>tjq UNIT: TYPE OF LEAVE EDUCATIONAL E MATERNITY [] EMPLOYMENT El MEDICAL FAMILY MEDICAL ❑ MILITARY El 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. FA /LURE TO DO SO WILL RESUL T IN THE REVOCA T /ON OF THE LEAVE OF ABSENCE AND THE CARRY /NG OF THE MEMBER BEING AWOL EXPLANATION OF LEAVE: C" }- (,10 Le z::' t! rN;v AC.,< DATES OF LEAVE BEGINNING DATE: /! / /o G' END DATE: r / j �' 7 RETURN DATE: LENGTH OF LEAVE: T'��' -I� EMPLOYEE SIG NATOP E ! e APPROVED/ DENIED APPROVAL CONDITIONED C 1 P h c Ile, DATE REQUESTING EMPLOYEE CIVIL SERVICE COMMISSION PAYROLL LABOR RELATIONS v � � —" ry '4v rINHNGE (FILE) COMMANDING OFFICER 45 No. Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium X Buffalo Sewer Authority — /) 16j . c City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Home Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED. #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE November 8, 2006 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT [: BOARD ATTENDANCE ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on November 8, 2006, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman James P. Naples, Vice Chairman John D. Kennedy, Sr., Assistant Vice Chairman Christopher Roosevelt, Secretary Eleanor C. Wilson- DiVincenzo, Assistant Secretary DEPARTMENT HEAD NAME: DAVID P. COMERFORD TITLE: GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD: , 47 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. # 3 (Rev 01/02) Certificate of Appointment' t In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Department of Human Resources /Civil Service for the Appointment Effective: November 27, 2006 in the Department of Public Works, Parks & Streets Division of Water to the Position of Water Service Worker (Permanent, Provisional, Temporary, Seasonal - (Insert One) : Seasonal (Appointment, Promotion, Non - Competitive) - (Insert One) : Appointment (Minimum, Intermediate, Maximum, Flat) - (Insert One) : at the: Flat (Enter Starting Salary) : Starting Salary of: $8.15/hr. Schedule "A" ------------------------------------------------------ LAST JOB TITLE: Name - - -[: Jeffrey P. Salvo LAST DEPT.: DATE: / / Address - - -[: 98 South Pontiac Street LAST SALARY: $ City & Zip - - -[: Buffalo, New York 14206 5627 Last 4 digits of S.S.N.: XXX -XX- ----------------- LAST JOB TITLE: °--------- --------------------------- Name - - -[: LAST DEPT.: DATE: Address LAST SALARY: $ City & Zip - - - [: Last 4 digits of S.S.N.:XXX -XX- ------------------ LAST JOB TITLE: --------- --------------------------- Name - - -[: LAST DEPT.: DATE: Address - - - [: LAST SALARY: $ City & Zip - - - [: Last 4 digits of S.S.N.: XXX -XX- -----°------------------------------------------------ LAST JOB TITLE: Name - - -[: LAST DEPT.: DATE: Address --- [ LAST SALARY: $ City & Zip - - - [: Last 4 digits of S.S.N.: XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE.: - BUDGET ACCT. OBJ..:- SALARY RANGE OF POSITION 53003611 411001 Proj ID $ 8.15 - $ REASON FOR APPT. ABOVE THE MINIMUM: TITLE CODE NO.: 470J PERSONNEL REQ. NO.: 2006 -39 PER: YEAR DAY HOUR X TYPE NAME OF APPOINTING AUTHORITY TYPE TITLE OF APPT. AUTH. DATE: 3 Joseph N. Giambra Commissioner V- I ( { SIGNATURE OF APPOINTING AUTHORITY � l • 1 '_\ ORIGINAL + 3 COPIES TO: CITY CLERK (ON/BE APOIE�- NT NTMEN DAT_ E) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN RESOURCES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) 1Np 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) Cettificate of Appointment In compliance with provisions of Section -24 -2 of the_ Charter and Chapter 35 -L 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: November 20, 2006 in the Department of Community Services Division of Substance Abuse Services to the Position of Counselor 111 Permanent, Provisional „Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $30,555 LAST JOB TITLE Assistant Director of Substance NAME Jesse Carmichael LAST DEPARTMENT Community Services DATE 6t89 ACIDRESS- 237 Lord - Street LAST SALARY 48,722.00 CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX- XX-6227 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSI4. XXX<XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15507001 TITLE CODE NO 9482 BUDGET ACCT. OBJ. 41101 PROD. ID PERSONNEL REQ. NO 2005 -92 SALARY RANGE - OF POSITION PER YEAR DAY - HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Tanya Perrin- Johnson TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: November, 15, 2006 SIGNATURE OF APPOINTING AUTHORITY: OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN - SERVICES /CIVIL SERVICE ff7- BUDGET #8- DEPARTMENT #9- DIVISION #10 EMPLOYEE(S) #3 (Rev 1 -02) Certificate o 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 appointments) 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: November 20, 2006 in the Department of Economic Development, Permit and Inspection Services Division of Plumbing and Drainage to the position of Plumbing Inspector Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non-Competitive (insert one) APPOINTMEJ Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM jEnter Starting Salary) : Starting Salary of $$39,499 LAST JOB TITLE ♦ - L 1 Joseph NAME _PATE ADDRESS 138 Lancaster Avz: CITY & ZIP Buffalo, NY 14222 LAS 4 DIGITS OF SSN. XXX -XX -4390 LAST JOB TITLE NAME DATE ADDRESS CITY & ZIP XXX-XX- BUDGET ORG. CODE 16650001 TITLE CODE NO 2990 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2006-24 SALARY RANGE OF POSITION $39,499 - $45,696 PER YEAR DAY HOUR YEAR # 3 (Rev 01/02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule " A " have been certified or approved by the Department of Human Resources /Civil Service for the Appointment Effective: December 11, 2006 in the Department of Public Works, Parks & Streets Division of Water to the Position of Meter Reader (Permanent, Provisional, Temporary, Seasonal - (Insert One) Provisional (Appointment, Promotion, Non - Competitive) - (Insert One) : Appointment (Minimum, Intermediate, Maximum, Flat) - (Insert One) : at the: Minimum (Enter Starting Salary) : Starting Salary of: $26,562.00 Schedule "A" ------------------------------------------------------ LAST JOB TITLE: Name - - -[: Eric M. Schmit LAST DEPT.: DATE: / / Address - - - 302 Esser Avenue LAST SALARY: $ City & Zip - - -[: Buffalo, New York 14207 Last 4 digits of S.S.N.: XXX -XX - 8109 ------------------------------------------------------ LAST JOB TITLE: Name - - -[: LAST DEPT.: DATE: Address --- [ LAST SALARY: $ City & Zip - - - [: Last 4 digits of S.S.N.:XXX -XX- ------------------- LAST JOB TITLE: ----------------------------------- Name - - -[: LAST DEPT.: DATE: Address --- [ LAST SALARY: $ City & Zip - - - [: Last 4 digits of S.S.N.: XXX -XX- ------------------------------------------------------ LAST JOB TITLE: Name - - -[: LAST DEPT.: DATE: Address --- [ : LAST SALARY: $ City & Zip - - - [: Last 4 digits of S.S.N.: XXX -XX- ------------------------------------------------------ REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE.: - BUDGET ACCT. OBJ..:- SALARY RANGE OF POSITION 411001 Proj ID $ 26,562 - $ 30,010 REASON FOR APPT. ABOVE THE MINIMUM: TYPE NAME OF APPOINTING AUTHORITY Joseph - N.,Giambra TYPE TITLE OF APPT. AUTH. Commissioner DATE 11/6/0 SIGNATURE OF APPOINTING AUTHORITY ORIGINAL + 3 COPIES TO: CITY CLE OTHER COPIES TO: #5- COMPTROLLER f #7- BUDGET #8- DEPARTMENT #9- L 53003601 TITLE CODE NO.: 5300 PERSONNEL REQ. NO.: 2006 -19 PER: YEAR X DAY HOUR (ON /BEFOR'E APPOINTMENT DATE) HUMAN RESOURCES /CIVIL SERVICE ISION #10- EMPLOYEE(S) #3 (Rev 1 -02) Certificate of Appointment e",' 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: November 25, 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 jEnter Starting Salary) : Starting Salary of $10.25 LAST JOB TITLE Sr list Cl Stationary Engineer NAME Dawn -Marie Ras LAST DEPARTMENT Buildings DATE 05/18/06 ADDRESS 37 O'Kell Street LAST SALARY $10.25 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -9515 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 PROD. 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: 11/Q1/2006 SIGNATURE OF APPOINTING AUTHORITY: t l e__ ORIGINAL + 3 GUF'1E5 I O: U1 by GLtKK <W /btt-UKt ANrUIN I IVILN I U/A I C) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) 93 (Rev 1 -02) ' 1/ 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: November 22, 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 jEnter Starting Salary) : Starting Salary o£ $10.25 LAST JOB TITLE Sr 1st Cl Stationary Engineer NAME Victor C. Orlando LAST DEPARTMENT Buildings DATE 05/16/06 ADDRESS 91 Hartwell Road LAST SALARY $10.25 CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN, XXX -XX -2368 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 & Stree DATE: 10/3 /20 .d SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL +3 GU 5 1 U: ' LA I YrULtKK UN/bt1 HrrUUV I Ivltly I UH I t OTHER COPIES TO: #5- C MPTROLLER #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: November 13, 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 jEnter Starting Salary) : Starting Salary of. $10.25 LAST JOB TITLE Sr 1st Cl Stationary Engineer NAME Earl J. Mekelburg LAST DEPARTMENT Buildings DATE 04/24/06 ADDRESS 1186 Seneca Street LAST SALARY $10.25 CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX -XX -0316 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 & Street DATE SIGNATURE OF APPOINTING 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 ,-5 r3 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: November 13, 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 jEnter Starting Salary) : Starting Salary of: $10.25 LAST JOB TITLE Sr 1st Cl Stationary Engineer NAME Thomas J. Pyjas LAST DEPARTMENT Buildings DATE 05114/06 ADDRESS 29 Garvey Avenue LAST SALARY $10.25 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -5556 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 & Street DATE SIGNATURE OF APPOINTING 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 1 In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: November 11, 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 CI Stationary Engineer NAME William Appenheimer LAST DEPARTMENT Buildings DATE 05/19106 ADDRESS 22 Kail Street LAST SALARY $10.25 CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX -5998 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 PROD. 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: TITLE OF APPOINTING. AUTHORITY: DATE SIGNATURE OF APPOINTING AUTHORITY: Josep N. Giambra Commissioner of Public Works, Parks & Streets 11 0112006 OTHER COPIES TO: #5- OMPTROLLER #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: November 11, 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 jEnter Starting Salary) : Starting Salary of $10.25 LAST JOB TITLE Sr 1st Cl Stationary Engineer NAME Michael A. McCool LAST DEPARTMENT Buildings DATE 05/14/06 ADDRESS 53 Oakhurst Road LAST SALARY $10.25 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -8276 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: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING Joseph N. Giambra Commissioner of Public Works, Parks & Streets OTHER COPIES TO: #5- 6OMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEElS) #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: NOVEMBER 10, 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 jEnter Starting Salary) : Starting Salary of $10.25 LAST JOB TITLE Laborer I NAME Kelly Derfert LAST DEPARTMENT Police Dept DATE 11/03/06 ADDRESS 77 Cable Street LAST SALARY $12.18 CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX -XX -0222 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 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: 11/03/2006 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 C IES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEES) #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: November 7, 2006 in the Department of Public Works, Parks & Streets Division of 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 jEnter Starting Salary) : Starting Salary o£ $10.25 LAST JOB TITLE Sr 1st Cl Stationary Engineer NAME Dennis E. Schollard LAST DEPARTMENT Buildings DATE 05109/06 ADDRESS 39 Shenandosh Road LAST SALARY $10.25 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX - XX - 5517 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 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: 10/27/2006 j � - SIGNATURE OF APPOINTING AUTHORITY: 2 ORIGINAL + 3 COPIVTO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9-DIVI #10- EMPLOYEE(S) �T i i NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS City of Buffae W ving 'Slon November 15, 2006 Cornell School Peter J. Sav III of Industrial � g Labor Relations Assistant Corporation Counsel Lou Jean Fleron t a 1130 City Hall Buffalo NY 14202 Coalition of Mack Trade Unionists - Living Wage Ordinance Amendment Sylvia T17 --m°s Office of the Mayor Dear Mr. Savage: Network of increase would not be getting that increase " bargaining g g pursuant to collective bar ainin Religious agreements, other analogous contracts or interest arbitration awards." They Communities I understand that you are reviewing the legality of Council Member Fontana's Merle Showers James Anderson proposed amendment to the City's Living Wage Ordinance, raising the living wage San) Magavem rate as of January 1, 2007 to $9.59 with health benefits and $10.77 without health WNY Area Labor benefits. Of particular interest, I know, is whether such an amendment would Federation violate the wage freeze imposed by the Buffalo Fiscal Stability Authority (BFSA). I RobertHellwltz am writing to offer two reasons why the amendment would not violate the wage freeze. WNY Welfare Monitoring Task Force The Wage Freeze Would Not Apply to a Salary Increase Made Pursuant to William ('Connell the Living Wage Ordinance The Act creating the BFSA does not authorize the freezing of any and all wages of Buffalo Partnership Niagara Partner ship Cit to rather, it authorizes the suspension of salary Y employees; Y ees; p increases made Craig runner "pursuant to collective bargaining agreements, other analogous contracts or interest arbitration awards." 10 -D NYS Public Authorities Law Title 2, Section Common 3858(2)(c). The drafters of the Act could easily have authorized all City wages to J o Joseph Garriero Jos ,but the chose to add this Ian ua e restrictin the scope of the wage be frozen y language g p g freeze to certain, clearly delineated situations. Office of the Mayor If the City chooses to raise its Living Wage rate, employees who get a wage Tanya Perri Johnson increase would not be getting that increase " bargaining g g pursuant to collective bar ainin agreements, other analogous contracts or interest arbitration awards." They Compliance would be getting that increase pursuant to a change in a City ordinance which Coordinator imposes wage thresholds on various private employers and on the City itself. San) Magavem When the BFSA enacted its wage freeze, it used broad language, stating that the S tephen Counsel tephen Halpern res pect freeze was with ect to "all rates, and salary amounts for all p wages, g , wa e g ry Sean R employees of the City." BFSA Resolution No. 04 -35 (April 21, 2004). The BFSA did include a key phrase, however: "to the full extent authorized by the Act." The BFSA is entirely a creature of the Act that authorized it. It has only the powers that the Act grants it, and the Act is very specific about the extent of the BFSA's 3 �1 r' wage freeze powers. The BFSA did not intend to take any action not "authorized by the Act," and its resolution should be interpreted to avoid conflicts with the Act. The Court of Appeals has spoken authoritatively on this issue, in a case involving the New York City control board statute, which used the same language as the BFSA Act. In that case, the police union argued that the wage freeze should not block a salary increase dictated by a prior court order. The Court agreed, reasoning as follows: The statute ... suspends wage increases "pursuant to collective bargaining agreements or other analogous contracts." In this case, the wage increase did not "take effect" by virtue of a collective bargaining agreement, but rather it took effect as the result of a ... judgment. Patrolmen's Benevolent Association v. City of New York, 41 N.Y.2d 205 (1976). More recently, applying the same reasoning to different facts, the Appellate Division ruled that the Buffalo wage freeze did block a salary increase for police officers because the increase was made "pursuant to ... a collective bargaining agreement." Matter of Meegan v. Masiello, 806 N.Y.S. 2d 442 (2005). It is clear that the BFSA can block wage increases made pursuant to collective bargaining agreements; it is equally clear that the BFSA cannot block wage increases which are not made "pursuant to collective bargaining agreements, other analogous contracts or interest arbitration awards." Therefore, the wage freeze cannot apply to salary increases made in order to bring the City into compliance with the current Living Wage Ordinance, nor can it apply to salary increases made to bring the City into compliance with the Living Wage Ordinance if it is amended to increase the Living Wage rate. Under any Reading, the Wage Freeze would not Bar the Proposed Ordinance Amendment Even if the wage freeze resolution were relevant in this situation it would not invalidate the proposed Ordinance amendment; rather, it would temporarily suspend the effect of the amendment on City employees. The Ordinance amendment would still be valid, and it would take effect regarding private employers. No one would suggest that the wage freeze prevents the City from raising the rate that private contractors doing business with the City must pay their employees. The question should not be the legality of the proposed Ordinance amendment, but rather the application of that amendment to City workers. In other words, once the Ordinance is amended, "does the wage freeze temporarily prevent one employer — the City — from complying ?" For the reasons given above, I suggest that the answer will be no. But even if the answer were yes, the wage freeze would not invalidate the amendment. In the BFSA Act, wage increases are not voided, but rather "suspended" until the wage freeze is lifted. 10 -D NYS Public Authorities Law Title 2, Section 3858(2)(c). Conclusion The BFSA wage freeze does not affect the validity of the proposed Ordinance amendment to increase the Living Wage rate, nor should it prevent the City from complying with the Living Wage Ordinance as existing or as amended. Thank you for considering these thoughts. Sincerely, 1 Sam Magavern Compliance Coordinator City of Buffalo Living Wage Commission Cc: Darryl McPherson, Esq. Common Council Mayor Brown TO THE COMMITTEE N LEGISLATION- Tbe counrit CITY • 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 November 21, 2006 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 Re: Casino Career Training Center Dear Mr. Chwalinski, COMMITTEES FINANCE, CHAIRMAN BUDGET CLAIMS Please file the attached item for further discussion at the next Common Council session to be held November 28,2006. Thank you in advance for your assistance in this matter. Sincerely, Brian C. Davis Fificott District Couneilme.mher Bed/il REFERRED TO THE COMMITTEE 0" F s NA �Nl 1 11"'E, "Communication is the ke yfor a better tomorrow" 11113/2006 15:53 7168744700 Buffalo, NY" 14207 716-874-4700 November 9, 2006 Mr. James Finamore Executive Director Workforce Investment Board 726 Exchange Street, Suite 630 Buffalo, New York 14210 t 'UV= PAGE 02 We were surprised to find out Erie County Workforce has dropped the Casino `!'raining Center from its current provider list. As you know, we are licensed under NYS Department of Education Proprietary School Division. We are an approved training site with Workforce throughout WNY including; AlleghanylCattaraugus, Chautauqua, Geoesec/Livingston, Orleans/Wyoming, Monroe, Onondaga and Oswego Counties. We are an approved tuition assistance program "TAP" for VESID, Montgomery Q.I. Bill, UAW — GM Powertrain, Delphi, American. Axle and Ford Motor Co. We are approved by Workforce of Bradford PA. (Career Link), Seneca Nation of Indians Employment and Training and Canadian Indian Tribal Workforce. Now however, we are not approved in our home County of Erie where a new casino is being built and two standing casinos exist within drive distance, "what's the matter with this p1dare "? Our agreement with WIB promised a pilot of 25 students. To date, 10 students have recently graduated and 5 others are in training. It would seem the WIB has reneged on its agreement. My understanding is this decision is based on client placement issues and WIB internal productivity ratios, which as a training provider we do not control. As with any training, no one can guarantee a job or a time frame at the end of the process. The representation we've made to WIB and our students guarantees graduates any audition with Seneca Gaming when they are hiring, we have this in writing. 1 Circumstances beyond our control found Seneca Gaming Corp. in a hiring ft`eexe for the past 4 months. Anticipated leadership changes at Seneca Nation (November 06' Seneca elections) coupled with lower than projected wagering and reservations for Seneca Niagara Hotel and expansion of the Alleghany Casing have slowed hiring. Recent conversations with Seneca Gaming have assured additional dealers will be hired for the holiday season and looking ahead to the Buffalo Creek Casino. The jobs are coming, they are real! Jim just loop out the window, you can see the new Casino being built. Ibis project is bringing Buffalo over 1000 new jabs, of which over 400 will be table game dealers! The Mayor of Buffalo held public negotiations to assure many Buffalonj.ans become employed at the new Casino. As the Workforce training arm of Buffalo, why would you pull training funding for good paying jobs just on the horizon? t � 4 e CCTC Casino Career Training enter 1 X85 Elmwood Ave. # 14 i� �, 11/13/2006 15 :53 7168744700 CCTC PAGE 03 1� I understand WIB would like the training- to- hiring process be timelier. However, we also believe being shortsighted and rigid will not serve the training needs of those seeking positions in th gaming industry, We believe it's premature for WIB to discontinue funding at this time. The WIB has invested greatly to date; the casinos are very close to hiring hundreds of table game dealers. I urge you to speak with the Seneca Gaming people yourself, ask them what their needs will be for table game dealers. FYI, many casino dealers lost jobs in the Katrina disaster. As a matter of fact, many worked for locally headquartered Delaware North Companies who lost freestanding and river boat sites in the storm. These folks are out of work ready and in anticipation of the Buffalo Creep Casino. Some have already found jobs with Casino Niagara. When Seneca Gaming begins hiring, some of these dealers will answer the call. Not having job ready trained dealers available is going to put outside people ahead of locals, hurting our community's chance to obtain these better paying jobs. Just this week we had to turn away 5 city residents seeking Workforce funding. People are excited about the training and the upcoming jobs. With some vision, our training program could end up being a success story for WIB. Dealers are earning $17 to $20 per hour plus benefits when fulltiame. These are jobs that give people with narrow experience and educational attainment the ability to purchase homes, cars and support families. These are the new manufacturing jobs! To not anticipate the Sneed, and not be ready to provide trained certified dealers would be a shame. Coincidence has it, on the eve of agreement between The Seneca Nation and the City of Buffalo for the downtown casino, Workforce cuts training funding for the jobs at the casino! Again, this is not "pie in the sky the construction of the temporary casino is underway, soon to be opened in April 2007. I guess it's a choice of being on the front end of a success story or a measurement of missed opportunity. Sincerely, Victo M. Getz Director of Marketing, Licensed Agent Cc: Honorable Mayor of Buffalo Byron Brown Honorable Erie County Executive Joel A. Giambra City of Buffalo Common Council Body 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 November 21, 2006 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 Re: Franklin Street Parking Dear Mr. Chwalinski, �F COMMITTEES FINANCE, CHAIRMAN BUDGET CLAIMS Please file the attached item for further discussion at the next Common Council session to be held November 28,2006. Thank you in advance for your assistance in this matter. Sincerely, Brian C. Davis Ellicott District Councilmember Bcd /il REFERRED TO THE COMMITTEE N LEG Como\ of f000C e4vs T CITY OF BUFFALO Dempsey & Dempsey A + Law 111- , tto--S and Counselors at 561 Franklin Street Buffalo, New York 14202 phone: (716) 885-8645 fax: (716) 885-8569 HELEN KANEY DEMPSEY JOHN MASON DEMPSEY PATRICK J. MALONEY CHRISTOPHER P. JURUSIK CATHERINE B. DEMPSEY Mr. Joseph Giambra Dept. of Public Works Buffalo City Hall., Rm. #502 65 Niagara Square Buffalo, NY 14202 Re: Franklin Street Parking Dear Mr. Glambra: November 16, 2006 EILEEN M. MURPHY, RN Nurse Consultant ANN HALLER TRIMPER, PLS, RP Uupaljon Coordnalor HE I whole heartedly agree with the sediments in Mr. Rust's letter of November 8, 2006, concerning the unsafe condition created by allowing cars to park on both sides of Franklin Street. I envision with advent of snow the situation will be made much worse and present very serious problems for the streets and sanitation in plowing. I hope that the city reconsiders and goes back to the prior situation where there is only parking on the west side of Franklin Street. Very truly yours, DEMPSEY A- yv HELEN NAINt Y IJEIVI-r3 r, Y Ams cc: Dan Cruise (Dept. of Public Works) Councilman Brian Davis Mayor Byron Brown Mr. David J. Rust I "Y3 LEAGUE OF WOMEN VOTERS° OF BUFFALO / NIAGARA INC. 1272 Delaware Ave., Buffalo, NY 14209 • 716- 884 -3550 • e -mail: Iwvbn @buffnet.net www.lwvbn.org November 14, 2006 The Honorable Dominic J. Bonifacio Niagara District Councilmember 1504 City Hall 65 Niagara Square Buffalo, NY 14202 Dear Mr. Bonifacio, ;til�ll� of- ffA /I 1v ' .- ,v Following a study, the members of the League of Women Voters of Buffalo Niagara decided that the way the sales tax is distributed to the cities, towns and villages in Erie County should be changed, that the current system for distribution is inequitable. The League has obtained a copy of a resolution by County Legislator Michael H. Ranzenhofer proposing that the current sales tax distribution agreement (established in 1977 and covering the original 3% of the sales tax) be terminated. He proposes a new agreement that would put together all the sales tax revenue that is now distributed to the cities and towns and distribute it to these municipalities according to population. While the League supports a change in the sales tax distribution formula, we are opposed to the Ranzenhofer resolution. Since the Ranzenhofer proposal would have a large negative impact on city finances, we want to inform you that we have written to every member of the Erie County Legislature and to the County Executive expressing our opposition to it. It is the position of the League that the sales tax distribution formula should recognize the value of the City of Buffalo and other urban centers to the entire region and that the formula should include consideration of a municipality's population, percentage of residents at or below the poverty level, amount of tax- exempt property, and relative fiscal capacity. Use of a formula developed by the Twin Cities, Minneapolis and St. Paul, to distribute revenues according to relative fiscal capacity would be a system that meets the League's requirements (see the attached explanation of fiscal capacity). The League has calculated the amount of sales tax revenue that would be distributed to Buffalo and to three suburban towns, as examples, under the current system, under the system proposed by Legislator Ranzenhofer, and under a fiscal capacity system. These calculations provide a basis for understanding the consequences of the Ranzenhofer resolution, which may eventually come before the County Legislature. 3 r The calculations and a sheet explaining the "fiscal capacity" concept are enclosed. The League welcomes any questions or comments you may have. Sincerely, f Marian Deutschman President League of Women Voters of Buffalo Niagara Anne Huberman Co- Chair, Local Government Committee REFERRED TO Cv,,MMITTEE ON BUDGET i 2 i { r How Tax Sharing Based on Fiscal Capacity Works A community's ability to get funds from property taxes depends on the value of the taxable property in the community. If the total value of all taxable property per person (fiscal capacity) for a community is low, then the tax rate will have to be high to yield enough money to pay for services. Communities with high fiscal capacity have an easier time of raising revenues for services (tax rates can be lower). A tax sharing system in a region can help to reduce the great differences in taxing ability among its communities and make it possible for all communities to provide adequate services to their residents. In an attempt to reduce the fiscal disparities among its communities, the Twin Cities area of Minnesota instituted a tax sharing system in the 1970s. The source of their shared tax revenues was not a sales tax, but their distribution method can be applied to any shared tax. The distribution of revenues from the areawide tax base in the Twin Cities is determined by a distribution index based upon relative fiscal capacity. For a given municipality, the index equals the municipality's population multiplied by a ratio measuring relative fiscal capacity. The ratio is the proportion that the average fiscal capacity of all municipalities for the previous year bears to the fiscal capacity of that particular municipality for the previous year. The equation for the distribution index is as follows: Population x Average Fiscal Capacity = Distribution Index of City /Town City/Town Fiscal Capacity where Fiscal Capacity = Total value of all taxable property for any given municipality or region. Population Notice that if the fiscal capacity of a city or town is small, the value of the ratio will be larger, and the city or town will have a larger distribution index than a place with a higher fiscal capacity. The fraction of the tax revenue a community receives equals the ratio of its distribution index to the sum of all of the distribution indexes of the communities sharing the tax money. Any decision by Erie County to share a portion of new or old sales tax monies with the cities and towns will require the choice of a system for distribution. The spreadsheet provided with this explanation compares the percentage of the tax that would go to each municipality if it were distributed according to the Twin Cities formula given above, according to population, or according to full value of taxable property. Notice that Buffalo, which has a disproportionate number of residents living below the poverty level and a disproportionate amount of tax exempt property, would receive a greater share if the distribution were based on fiscal capacity (49 %) than if it were based on population (31 %) or full value of taxable property (16 A struggling rural community like Collins would also benefit. Other communities with higher fiscal capacities, where citizens are more affluent and where there is a smaller proportion of tax exempt property, would receive a slightly lower percentage than they might if the distribution were based on population or full value. By strengthening its weakest members, especially its major city, this system would benefit the entire region. To see the League's presentation on the sales tax, please visit this website: http :/ /Ny , )J J yvvbLi.Sj«1� sera-,N.l /SalesTaxWeb /SalesTax.htmI Submitted to the Buffalo Fiscal Stability Control Board by Anne Huberman, May 7, 2005 Comparison of Sales Tax Distribution Systems County Legislator Michael H. Ranzenhofer has proposed a resolution that would end the current sales tax distribution agreement (established in 1977). He would like a new agreement to put together all of the money that is now distributed to the cities and towns and distribute it to these municipalities according to population. The League of Women Voters of Buffalo Niagara opposes the Ranzenhofer resolution. It is the position of the League of Women Voters that the distribution formula should recognize the value of Buffalo and other urban centers to the entire region and that the formula should include consideration of a municipality's population, percentage of residents at or below the poverty level, the amount of tax - exempt property, and its relative fiscal capacity. Use of the formula developed by the Twin Cities, Minneapolis and St Paul, to distribute revenues according to relative fiscal capacity would be one system that would meet the League's requirements (see the attached explanation of fiscal capacity). David Rusk, in his May, 2005, report entitled "Upstate New York: a House Divided" emphasized the importance of healthy central cities when he concluded from a comparison of Upstate New York cities with their peers, " Regions with strong, healthy, muscular, growing central cities at their core have outperformed economically Upstate New York's regions with their weak, sickly, anemic, shrinking central cities at their cores." (http: / /www.ariseorg .net /ThruwayAllianceReport.pdf) The following chart, based on assumptions explained below, shows how much sales tax money in a year would go to Buffalo and three of Erie County's towns under three distribution systems. Clearly, the Ranzenhofer proposal would hurt the City of Buffalo. Town/City Yearly amount -- currents stem Yearly amount -- Ranzenhofer system Yearly amount -- fiscal capaci Buffalo $55,291,386 $40,649,776 $65,058,083 Amherst $13,777,458 $22,103,151 $9,958,273 Orchard Park $3,620,908 $6,230,507 $1,989,020 Aurora $1,829,410 $3,135,012 $1,042,269 Below is an explanation of how these figures were calculated: According to the "Interim Financial Report for the Three Months Ended March 31, 2006" for Erie County, submitted by Comptroller Marc Poloncarz (http: / /www.erie.gov /comptroller /pdfs/ financial_ report _ march312006.pdf), the 1% sales tax that came in to Erie County to use for county purposes for that first quarter was $30,752,448. If we assume that the same amount of sales tax will come in for each of the remaining three quarters of this year, we can do some rough calculations about the distribution of If the sales tax were distributed as suggested in the Ranzenhofer resolution, we would combine the 10.0087% that is now distributed to the three cities and the 25.6858% that is now distributed to the cities and towns; $9,233,761 + $23,697,036 = $32,930,797 for the first quarter. For the whole year, this would be 4 x $32,930,797 = $131,723,188. If this total is divided among the cities and towns according to population, these are the totals: Town/City % of pop. of Erie County % of $131,723,188 - total sales tax per year Buffalo 30.86% $40,649,776 Amherst 16.78% $22,103,151 Orchard Park 4.73% $6,230,507 Aurora 2.38% $3,135,012 If the sales tax were distributed according to the formula used by the Twin Cities (see the attached explanation of fiscal capacity) that takes fiscal capacity and population into account, these would be the totals: Town/City % Distribution Index % of $131,723,188 - total sales tax per year Buffalo 49.39% $65,058,083 Amherst 7.56% $9,958,273 Orchard Park 1.51% $1,989,020 Aurora 0.77% $1,042,269 Here's a comparison of the three systems: Town/City Yearly amount -- current system Yearly amount -- Ranzenhofer system Yearly amount -- fiscal capacity Buffalo $55,291,386 $40,649,776 $65,058,083 Amherst $13,777,458 $22,103,151 $9,958,273 Orchard Park $3,620,908 $6,230,507 $1,989,020 Aurora $1,829,410 $3,135,012 $1,042,269 The League opposes the Razenhofer resolution to change the 1977 sales tax distribution agreement currently in effect to a formula based upon population. With over 40% of the City of Buffalo's property tax exempt, a large percentage of its population at or below the poverty level and its consequent low fiscal capacity, the Razenhofer resolution would have a severe negative impact on the City of Buffalo as well as the other two cities in the county. Anne Huberman August 17, 2006 JOSEPH GOLOMBEK, JR. NORTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1502 BUFFALO, NY 14202-3315 PHONE: (716) 851-5116 LEGISLATIVE ASSISTANTS KENNETH J. KERB GAIL A. AIKIN COMMITTEES COMMUNITY DEVELOPMENT EDUCATION LEGISLATION November 27, 2006 TO: Gerald Chwalinski City Clerk FROM: Joseph Golombek, Jr. North District Councilman Buffalo First Article — "Buy Buffalo" Please file the attached News Article — "Buy Buffalo Week". Please refer to the Committee on Community Development.. Thank you. i7i� D,J,)�> Buffalo First • L oc a l Firs L ink s • Why Loc • O Te am • Contact Us • Uirect • Members • Events • New • What is Buffalo First? Page 1 of 2 Empowering o by a resources: local producers, obusinesses. Welcome to Buffalo [4 1 ostering self-reliance & sustainability in Western New York Buy Local Campaign Buffalo First's year -long buy local campaign aims to encourage Buffalo area residents to make purchases at locally -owned independent business whenever possible. We also encourage local "mom and pop" stores to source with Buffalo's farmers, producers and retailers; and work with local nonprofits, credit unions and other institutions whenever they can. W hat is Buffalo First? Who are our me Why Local? M any studies show that shopping locally keeps more money in our area versus shopping at national big - box or chain stores. This keeps the money that goes around coming around! Local businesses create more meaningful employment relationships, decrease environmental impact and enhance Buffalo's unique local culture. Here are o ther re t go local http: / /www.buffalofirst.org/ 11/27/2006 Buffalo First r Page 2 of 2 i Buffalo First believes that it is possible for small business owners to make a living without making a killing. We encourage our members to adhere to the "tripe "_b ottom li ne : people, planet and profit. More o n l ocal li ving econornies. Buffalo First is comprised of local independent businesses and organizations that pool their resources to encourage area residents to support Buffalo's local living economy. Mem for the year begins at just $50. We use in -store messaging, a local d irector y, advertising, parties, networking events and other promotions to help Buffalo residents help Buffalo. Be part of a national movement. Download our Membershi Form and sign up today! Buffalo First is very pleased to welcome our new members. 92 Members B rowse the directory now Upcoming Events! Buy B uffalo Bash - D ec -7 Come support Buffalo's mom & pop" businesses and kick off Buy Buffalo Week. Bu Buffalo W eek- Dec 8 -1 During Buy Buffalo Week area businesses will encourage Buffalo to go local! They will offer unique incentives... Lo cal Lovers Con test Collect your receipts & enter to win a special Buffalo prize package! Sign Up Now! For far less than a one -week ad in a major newspaper, your business will be the focus of a year -long Buy Local Campaign • sin Up Now! • Memb ershiD Bene fits Copyright © 2006 Buffalo First LLC. Design by Tec Visionee http: / /www.buffalofirst.org/ 1 11/27/2006 {' n s A �] ` r; t Neto Hatinakwe Onkwehowe Inc. Tax Exempt 5010 Non - Profit. 85 West Avenue, Buffalo, NY 14201. Phone and Fax (716) 446 -0155, www.netobuffalo.org November 17, 2006 Ms. Susan Gonzalez 65 Niagara Square City Hall Buffalo, NY 14202 Dear Ms. Gonzalez, AP I'm writing on behalf of Neto Hatinakwe Onkwehowe, Inc. which is in the Cayuga language and means, "Here Lives the People" We are a non - profit organization that has been conducting programs and services for at least 10 years in the Western New York region primarily for the Native American communities. I'm enclosing a copy of the Travel Guide we produce each year and am writing to request consideration for a one day art and craft sale in the lobby of city hall? This sale would feature authentic Native American arts and crafts. The vendors would include some seniors over 55 and some disabled. The Vendors would not be charged ,anything for participating and would keep all money from their sales. Enclosed you will find a copy of our 5016 determination letter. The possible dates could be December or 22. A sincere Nya wen or Thank. Please call or e-mail me if you have any questions. ) ,,5) 1\ 31 C,_vrL"_ , I C, -) I Sincerely, Allan Jamieson Director, Neto... f '.j C_1LJ\_ -Al- Board of Directors: Jason Corwin, Earl Dionne, Tom Doekstader, John Frank, Don Harry,Wendy Sturgeon, Jolene Rickard, Art Isbell, Cynthia Conides, Tina Kettle. Advisory Board: Gloria Brennan, Tom Huff, Ed Johnson, John Thomas, Judith Spear, Susan Swarts, Rick Hill. 3 Y_ INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR G.P.O. BOX 1680 BROOKLYN, NY 11202 Date: Employer identification Number: 16-1416509 Contact Person: JACQUELINE C TURPIN NETOHATlNA#KE OKNEHONEH INC Contact Telephone Number: C/O ALLAN R JAMIESON (713) 488-2321 85 NEST AVENUE ' BUFFALO; NY 11102 Accounting Period Ending: December 31 Foundation Status Classification: 509(a)(1) Advance Ruling Period Begins: Jan. 22, 1992 Advance Ruling Period Ends:: Dec. 31, 1996 Addendum App |ies: Yes Dear App\icaot;� e on i you supplied, and assuming your operations Oi { | be as stated in your app{{cat{on for recognition of exemption, we have determined you are exempt from federal income tax under section 501(a) of the Internal Revenue Code as an orga;izatioo described in section 501(c)(!). Accordingly, during an advance ruling period you will be treated an a publicly supported organization, aod not as a private foundation. This advance ruling period 6agios and ends on the dates shown above. Within 9O says after the end of your advance rul ing period, you most send as the information needed to determine whether you have met the require- men of the ap�`|icab4e support test during the advance ruling period. If you es -- - {ish that you have been a publicly supported organization, me will c|assi- �i 509(a)(1) or 509(a)(2) organization as l as you continue fy you as a s ection t he of the applicable support test. If you do not meet ' �e - � - o ��- �- sop ' ^rt requirements during the advance ruling period, we xi|| ~ ''- foundation for future periods. classify ' you as a private o . A}so, if we classify you as a private foundation, we will treat you as a private foundation from your beginning date for purposes of section 507(d) and 4940. Grantors and contributors may rely on our determination that you are not a private foundation until 9O days after the end of your advance ruling period. If you send us the required information *ithin the 90 days, grantors and contributors may continue to rely on the advance determination until xe make a final determination of your foundation status. If we publish a notice in the internal Revenue Bu|{etin stating that we will no longer treat you as a publicly supported organization, grantors and contributors may~~~�-- y� on this determination after the date we publish the notice. In addition, if you lose your status as a publicly supported urgan|- Letter 1045(00/CG) Alk _ w 9 i / New York State Department of Environmental Conservation 1 r Buffalo, Erie County Environmental Cleanup Action Completed at Cobey, LLC Site; Remedial Action Report Under Review Cleanup work has been completed to address contamination related to the Cobey, LLC Site located within the Buffalo Lakeside Commerce Park (former Hanna - Furnace /Union Ship Canal) site in the City of Buffalo, Erie County, New York under New York's Brownfield Cleanup Program (BCP). See map on last page for the location of the site. Krog submitted a Brownfield Cleanup Program (BCP) Application to the DEC to participate as a volunteer in the BCP to develop the Cobey manufacturing facility on approximately 12 acres of land at the Buffalo Lakeside Commerce Park (Parcel 1). The application proposed that the future use of the site will be light industrial. The application was accepted by DEC, and remedial action and construction at the site began during September, 2005. The Krog Corporation has completed DEC - approved cleanup actions and has submitted a Remedial Action Report (RAR) to the DEC for review. "Retnedial activities " and "remediation " refer to all necessary cleanup actions to address any known or suspected contamination associated with a site. The report states that remediation requirements have been achieved regarding site contamination to fully protect public health and the environment for the proposed future site use. A copy of the RAR is available for public viewing at the locations identified at the end of this fact sheet, under the heading "For More Information." Highlights of the Remedial Action Report The Remedial Action Report (RAR) has several goals. It will: 1) Describe the cleanup activities completed; 2) Certify that cleanup requirements have been achieved or will be achieved; 3) Define the boundaries of the site; 4) Describe any institutional /engineering controls to be used at the site. An institutional control is a non - physical restriction for use of the site, such as a deed restriction that identifies a remedial action that leaves residual contamination making the site suitable for some, but not all uses. An engineering control is a physical barrier or method to manage contamination such as a cap or vapor barrier; Institutional and engineering controls were defined in the DEC approved Enviromnental C l Cobey, LLC Site October 2006 Site # C915202 For future development considerations, the property was divided into four parcels. (See site map.) The Cobey site is situated in Parcels 1 and 2 as described below: • Parcel 1 — the former railroad yard and is about 43 acres in size. • Parcel 2 — The former manufacturing area as is about 29 acres. To fulfill the requirements of Voluntary Cleanup Agreements, the City of Buffalo conducted more extensive sampling of Parcels 1 and 2 between 1999 and 2001. This sampling identified Contaminants of Potential Concern (COPCs) in the surface and subsurface soils, and fill material. The COPCs included various semi - volatile organic compounds, metals, and elevated pH of the groundwater. The elevated pH is attributed to the presence of lime that was used as a raw material in the iron manufacturing process. Assessment activities conducted on Parcels 1 and 2 concluded that the primary exposure pathway for contaminants was through direct contact with the contarninated soils and fill. Analysis indicated that the contaminants did not readily leach or release to the groundwater. With the possible exception of pH, the groundwater was not significantly impacted; groundwater is not used at the site and therefore no direct contact with the groundwater is anticipated except during invasive construction activities. It was proposed that a cover of clean soil, asphalt or concrete would eliminate the potential for direct contact and hence be protective of public health. Remedial Action Work Plans were submitted to the DEC and approved in February of 2002 (Parcel 1) and November of 2002 (Parcel 2). Remedial action and construction at the site began during September, 2005. FOR MORE INFORMATION Locations to View Project Documents Project reports for this site, including the Remedial Action Report, are available for public review at the following locations: Buffalo & Erie County Public Library JP Dudley Branch 2010 South Park Avenue Buffalo, New York 14220 (716) 823 -1854 NYS Department of Environmental Conservation Region 9 Offices 270 Michigan Avenue Buffalo, New York 14203 (716) 851 -7220 Hours: 8:30 AM — 4:45 PM Please call to schedule an appointment. Who to Contact Comments and questions are always welcome and should be directed as follows: Site - Related Project Questions Mr. David Locey, Project Manager NYS Department of Environmental Conservation 270 Michigan Avenue Buffalo, NY 14203 (716) 851 -7220 dplocey @gw.dec.state.ny.us Site- Related Health Questions Mr. Matthew Forcucci, Public Health Specialist NYS Department of Health 584 Delaware Avenue Buffalo, NY 14202 (716) 847 -4385 If you know someone who would like to be added to the project mailing list, please have them contact the DEC project manager above. We encourage you to share this fact sheet with neighbors and tenants, and /or post this fact sheet in a prominent area of your building for others to see. 4 . m PETITIONS V R. OLIVER, AGENT, USE 2423 SENECA STREET -TATOO PARLOR (SOUTH) (HRG. 12/5) REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 ' This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: to be held in the Council Chamber, 13th Floor, City Hall On: AT 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will info said owner, petitioner or his /her agent of the above. Signed Agent r Owner) �'��_ � � Print Name I Pho � e # ® / — Date ft G ATTENTION: PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER, 851 -5086 FOR PLANNING BOARD MEETING. ty o f Buffalo USE Building Applicatic Niagara Square ffalo, NY 14202 16)851 -4949 Fax (716)851 -5472 !port Date 11/22/2006 09:32 AM Sub By JAMES CARR Page A/P # 99653 l Application Information Stages Date / Time By Date / Time By Processed 11/20/2006 10:10 CARRJ Temp COO Issued COO Final Expires Assoc iated Inf VI in Type of Work # Plans 0 Declared Valuation 1000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name Description f Work ** COMMON COUNCIL APPROVAL REQUIRED* "511-64FI PUBLIC HEARING REQUIRED, FEE REQUIRED — TO PERMIT THE USE OF A BUILDING IN THE SENECA STREET SPECIAL DISTRICT FOR A TATTOO PARLOR, A RESTRICTED USE. 2421 SENECA ST ASSESSED AT 2423 SENECA ST OLE Parent A/P # Project # Project/Phase Name Phase # Size/Area Size Description Property/S11te Information Address 2423 SENECA 14210 - Location 'Owner/Tenant, i Contact ID AC101292 Name DALY,WILLIAM M & W Mailing Address 2423 SENECA ST Organization City BUFFALO StatetProvince NY ZIP /PC 14210 Country USA Foreign Day Phone (716) x Evening Phone Fax Mobile # Linked Addresses N A a re linked t this Ap plication ATP Linked Addresses No A are linked to this Application Linked i >arcefs 1 3343000040 2 0000 AIR Linked, parcels - z No Parcels are linked to this Application ApplicantalCotttacts City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 USE Building Application t Report Date 11/22/2006 09:32 AM Submitted By JAMES CARR Page 3 fir ON SENECA Amw 6WR f?1w. 1030 37/ 7373 1379 7103 V07 Af," VAzf P-902- I405 9 fno'f Il r 7 il El Iur r I R S7 93 1 70 77 71 63 67 57 15 53 49 I 47 - tu SENECA • NEWMAN PL. 6. , 1 1".4 Z f N 6 V I A ?A/1 A 2249 A.7 O 0 .0 E otc. L VACI-S (L Ell o Z L J x z O L ti • .9-R. P A R SENECA Amw 6WR f?1w. 1030 37/ 7373 1379 7103 V07 Af," VAzf P-902- I405 9 fno'f Il r 7 il El Iur r I R S7 93 1 70 77 71 63 67 57 15 53 49 I 47 - tu SENECA • NEWMAN PL. 6. , 1 1".4 Z f N 6 V I A ?A/1 A 2249 A.7 A41 "'p C 0 0 P& \ N A otc. VACI-S L J x AxSll F • .9-R. P A R - IT F Jn•rr 71 A41 "'p C 0 0 P& \ N A - Appendix C State Environmental Quality -Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART i . PROJECT. INFQRMATION To be c N tl;:d 11 E >F Onso 1. APPUCANT/SPONSOR it Or & PROJECT LOCATION: and road �. Pr do., or prvAb m@) P 4. PRECISE LOCATION (Slraat addraas t PROPoPD ACTION IS: .,.i,�.�.M�.• .�MOd1flC�IlorU.all�rMN011; y• + • ° . tl•'r. •- - ".r »� =` .vf,ix: v ,w. 6. DESCRME.PROJECT BRIEFLY: T. AMOUNT OF LA SID �� U �� .. mom �• L WILL ACTION COMPLY-WITH EXISTING ZONING OR OTHER ManNG LAND USE RESTRICTK *W E K Na. dnaaiba b w / j c) � Vag r. 0 1 A WHAT 18 PRESENT LANO USE IN VICINITY OF PROJECT? O ' . 13 R:ra " 13 w p, n p illvi araaf/OPan spw : p �`trHDINGI. NOiIIITdt UC Y F1i;01N- t0. ObEB ACS ION INVOLVE I1 PERW 11PMOVAL; T ITEL AFNY OTIiER:C�OVERNNI�NT ' 7UtiEEN1 (FEDERAL. STATE LGCALTt Yea • KYas. Nd aD�a'►Y(a) P DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVALT Yas Wylie, iR N�(s) nand � pwmlt/apNw 12 : AS A RESULT OF OP /1CTWN W LL DUSTING PERt� EC /APPROVALRUIRE MODIFICATtON4 ❑ Yas . I' THAT THE iMFORMATION PROVIDED ABOVE 18 TRUE TO THE E BEST OF MY KN : Sbndum if the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form•befom proceeding with is assessment OVER C. PALADINO, OWNER, USE 460 MAIN - PORTION OF 3RD FLOOR -HUMAN SERVICES FACILITY (ELL) (NO PUB HRG REQ) (AMENDED APPLICATION) REFERRED TO THE COMMITTEE ON LEGISLATION. i l e-W) , Q/ & ^'''y.,`'-"...' APPLICATION FOR W7wAN sEA VICES BESTMCTED VSR Pl'iV VnT `" r AppUCATION MUST OZ COrCP(-$TCD IN FULL { 'n ' u i•��' .; i' : : 'li.;..$Y�;�, •�� � � • .i: !. .N• .. .. ARt}►•n'a ,: r,i '.�5:'P'i 6.i: ':1 .. t•.i ',t. ;^:371�nYdir!! .n... •) 4 •. , "�l,6 ,tp ";L„ t ,� :p „tr:�d� �I In�i S: {.; :,'�,. "� .. J i� !. iP � I� j� • • ' is ��„� i'�':: "' r'ys,l i .' tilt• iki'tSiij.': �n�A � } .i:�ri:i:::ri �•• s'n�: •i �jy� . , .�.�. .' =i :i I� •, r', ��'i s /�i1VK •• •. 4 ". It'i'GI J'L '� -3• : ,.a.;.ra �, .: 'dl w qa;n i i'1 ' S': L� O��� °•' ' !�,� ;•:7• R'�.}s�i'�r .. �,... r.!. r... {.I it ,1:;1 ,� i , }I . , �: ' ',. c.� g �! �iT'�,d+tr .. .t � , .,� +,i• pTi' ! �� �� w i � •II •I, s... r 11 f1 1 , } , I u I , -' i . � • I her' i! „ n....;' yIC.! thdnt •:)Wa7 / )�,. �'� f �al +'; !i ,:: r , ' i t d ::' ., ..r •.1 .'1 , tf r;rt v!L {Ylrt M 5 i'�ri V1Y!N :�eni R.'1 ha }!;i;is;, d.r.' } . +;. : s; 4 1 ,: , y •. ' t r,hX.d iafM• ii� { '' R.: •z�.' n �r.�' «s'. t.u. 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Owner_____ Partner Corporate mpror__�__ � Business operational Information soup IK.itche�u Tolls -In Center„_,,, Drop -10 Center, Type of Facility: Food Poway p (;ouallMllig Fencer_______ DIAMU a C S.MWI Tempe rarY oP b`e"-rr6M' c hattlsr�^ Transkst Douslu -_ substance Abuse Community or Resldentiai Trestoueut Facility Reds mil Tmiment PUNY (Gtrrec1ioasl Purposes) Otber o f 1 A � OAJ D5616 d aeon of r mp mod Urs• —�-- _ . . —A S �,.� 15.�c•Kr- - Tr A � rIV J�t3L1 �.1� +�i F �/�.N 6' �E� � 1 �+ }� •e''Iit ,(�t��i 7 m 70 - tnv. t n, rn tH i ^ Hnn 'stn t��of�t✓ r f�' /Al,� INP* c JAL Sk( LL16 . s mmnmrrnqT. rr 147 7 �r MAIMS Opera on n ,FscitiW DaywUrs of operation Number of Ytesideats to be Horsed pt appttcsoa)_______..,._— Number ofYr dividuals Serviced (weekly) — =� e--,v . Activitieelprogra►ms at VMwity 6tJN / d #9 - & r puree of supervialao at pemonstratton Of Need (Why !cervices are aeedeMft &k L006600 sad Me i, h..hj& other p"ineut Ir[olrtnaaaDn subscribed and swam to before Ate !kris AD dtt d.�t2 - 1/ ^=''' Rr rD .20 ala eNL"kdoxer of Deeds . and for Aw MY of e,4 . , New Park tr.4t 1L ��40 VS* Pege2ofa I*Oiwwdwi��Yea VMM .- n XXI4H I gtinn >iatit' 906ZE689 66 311 900Z/0Z/ CIVIL SERVICE (Bonnie E. Russell, Chairperson) Appointment Sr. First Class Stationary Engineer (Max) (PW) (Item No. 26 -Nov. 14, 2006) That Communication 26, Nov. 14, 2006 be received and filed and the permanent appointment of Gregory Morcio stated above at the maximum starting salary of $37,213.00 effective on November 6, 2006 is hereby approved. � IT610a E Recommended by the Committee on Civil Sery *AYE* NO * BONIFACIO DAVIS FO N UNA FRA ICZYK GOLOMBEK * KEARNS LOCURTO * * THOMPSON * [MAJ- S] * U [2!3 - 6] DA - 7] Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.) (#47,11/14) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Civil Service FINANCE (Brian C. Davis, Chairman) c Utility Easement Agreement — National Grid - 32 Cedar — School No. 32 (Item No. 12, C.C.P., Nov. 14, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the Executive Director of Strategic Planning be, and he hereby is authorized to enter into an easement agreement between the City and National Grid, for use of city - owned property located at 32 Cedar — School No. 32.1 That the Corporation Counsel be, and he hereby is authorized to review said agreement and that the Mayor be authorized to execute the same. Passed. 0 PJS:rmv T: \wp60\msword\rmv \12c 11- 14c.doc r TO: THE COMMON COUNCIL DATE: November 22, 2006 � ljQ 2 FROM: THE DEPARTMENT OF LAW SUBJECT: Utility Easement Agreement, Niagara Mohawk Power Corporation for use of 32 Cedar - School No. 32 (Ellicott District) PRIOR COUNCIL REFERENCE: Com 12, CCP November 14, 2006 The law department has reviewed the proposed utility easement submitted to the Common Council for consideration by the Office of Strategic Planning regarding Niagara Mohawk's request for use of 32 Cedar. -Our office would recommend approval contingent on the attached Utility Easement Rider also being included. DEPARTMENT HEAD NAME: TITLE: Alisa A. Lukasiewicz Corporation Counsel SIGNATURE OF DEPARTMENT HEAD: i n UTILITY EASEMENT RIDER The provisions in this Rider are an integral part of the easement instrument ( "Easement ") to which it is attached, and supersede any conflicting provisions in the Easement if such conflict exists. "Owner" means the grantor of the easement rights and any future owner of the property. "Grantee" means the grantee of the easements rights and any person attempting to exercise such rights. 1) This is a non - exclusive easement. 2 ) All construction, installation, operation, maintenance, repair, replacement or removal by Grantee shall be at no cost to the Owner. 3) All improvements, fixtures and equipment in the easement area shall be installed below the ground surface and shall not be visible from the surface unless specifically indicated to the contrary herein or shown on an attached drawing. 4) If the surface of the easement area or of Owners property or if any improvements thereon are disturbed by Grantee's activities at any time, the surface and improvements shall be promptly restored by Grantee and to good condition. 5 ) Owner and its successors or assigns shall have the right to use the land within the easement in any manner which does not interfere with the rights of Grantee; P the land and use the sam including without limitation, the right to e as a parking lot or roadway and the right to install, maintain, replace, repair, remove and operate utility lines, such as sanitary sewers, storm sewers and gas lines, provided, no building or structure shall be erected or permitted on the easement without Grantee's consent which consent Grantee agrees not to unreasonably withhold or delay. \\server5\law \wp60\JSG \jvh \UTILITY EASEMENT RIDER.11- 06- 06doc.doc 1`6`� * AYE* NO BONIFACIO DAMS * * * * * * FONTANA *. FRANCZYK * * * GOLOMBEK KEARNS LOCURTO THOMPSON * * • [MAJ- S] * ; 0 [213 - 6] [ 34 - 7 J � � 00 a 1j Report of Bids — City Wide Sidewalk Replacement— 2006 Group #658 (Item No. 8, C.C.P., Sept. 19, 2006) (Item No. 64, C.C.P., Nov. 14, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for City Wide Sidewalk Replacement — 2006, Group #658, to P & J Construction Co., the lowest responsible bidder, in the amount of $1,219,614.00 ($1,108,740.00 Base Bid + 10% unit price increase $110,874.00 = Total Award $1,219,614.00). Funds for the project are available in Capital Project Accounts #39311106 & 30032106. Passed. Recommended by the Committee on Finance Chairman PJS:rmv t: \wp60\msword\rmv \8c9 -19e. doe I • * �t it +t it s +t s • a� • +► • hr a It • 1• �, f O 1 If z o W •lit +t +t # is it lit �t lit s L # If If � Is • l+t It s +t f +t f � f * it � s • • . f �t • �t it it la Is o � � zg 0 0 c c o A w w c� a uuuu z 4A Ord. Amend. Chapter 16- Finance; Improved Noise Ordinance Resolution (Pol) (#25,10/17) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Finance S �. j Audited Financials -Bflo. Neighborhood Revital. Corp. (BNRC) (Strat. Plan.) ( #8,6/13) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Finance BMHA Audits-2006 (Compt) (# 18,2/7) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Finance 7 Response -BMHA Audits -2006 (BMHA) ( #70,6/13) That the above item be, and the same hereby is received and filed. Recommended by the Committee on Finance 0 ?i.i - -i" B. Davis -BMHA Comprehensive Management Report ( #49,10/31) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Finance i LEGISLATION (Richard A. Fontana, Chairman) )14 Prevent Cutting Down of Healthy Trees (PW) ( #22,11/14) That the above item be, and the same hereby is received and filed. ADOPTED. 6 Recommended by the Committee on Legislation 0 , Ordinance Amendment - Chapter 194 — Food Stores (Item No. 87, C.C.P., Nov. 14, 2006) That after the hearing before the Committee on Legislation on November 21, 2006, the Ordinance Amendment as contained in Item No. 87, C.C.P., November 14, 2006, be and the same hereby is approved. Passed Recommended by the Committee on Legislation Chairman I PJS:rmv T: \wp60\msword\rmv \87c 11- 14c.doc By: Mr. Bonifacio Re: Ordinance Amendment Chapter 194, Food Stores The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 194 of the Code of the City of Buffalo be amended to read as follows: § 194 -9. Check Cashing Service Notification Effective January 1, 2007 any food store who provides or intends to provide check cashing services to customers for a fee shall notify the City Clerk in writing of such service or intention. APPROVED AS TO FORM Corporation Counsel AAL:PJS:rmv TAwp60\msword \pjs \ord- amend- 194 - check -cash irig NOTE: Matter underlined is new, matter in brackets is to be deleted. NOV 1 f ,2006 4- 3w�' a)-Y3 1 [MAJ- S] 0 [213 - 6] [3/4 - * AYE* NO BO CIO DAVIS * * * FONTANA FRANCZYK * * GOLOMBEK KEARNS * LOCURTO * THOMPSON * * * * � t [MAJ- S] 0 [213 - 6] [3/4 - Secondhand Dealer — 594 Niagara Street (Item No. 30, C.C.P., Oct. 17, 2006) (Item No. 17, C.C.P., Nov. 14, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Mae Jackson d/b /a Lifestyles by Consignment located at 594 Niagara Street. Passed. Recommended by the Committee on Legislation Chairman PJS:rmv tAwp60\msword\rmv\30c 10- 17c.doc 1 21 *AYE* NO BOXIFACIO DAVIS FONTANA F RANCZYK GOLOMBEK KEARNS LOCURTO THOMPSON [MM- 5] 0 [213 61 [3✓4 7) Golombek -J. Panczak & O- Petition -Re: Complaints about Police In Riverside ( #51,11/14) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation r, City Clerk's Department BUFFALO November 28, 2006 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 59 PASSED November 28, 2006 T. Goodson, Petition to Use 3223 Bailey -Used Car Sales, Car Repair Gerald A Chwalinski City Clerk A8110 A 1 .6 1 . 1 0 013-11 T. Goodson, Petition to Use 3223 Bailey — Used Car Sales, Car Repair (Item No. 99, C.C.P., Sep. 5, 2006) That after the public hearing before the Committee on Legislation on September 12, 2006, the petition of T. Goodson, agent, for permission to use 3233 Bailey Avenue for used car sales and auto repair, as previously approved by the prior owner under permit #2051 be, and hereby is approved. Passed. Recommended by the Committee on Legislation Chairman PJS;rmv tAwp60\msword \:rmv \99c9 -5 c.doc MIME \ ri l, C [MAJ- 5] * 0 [2t3 - 6 ] [ 3/4 - 7 ] *AYE* NO BO CIO DAVIS * * FON CANA FRANCZYK GOLOMBEK KEARNS LOCURTO * THOMPSON * 4 � [MAJ- 5] * 0 [2t3 - 6 ] [ 3/4 - 7 ] C" R. Fontana -Ell. Dev. Co.- Amendment -Urb. Ren. Plan. -S. Division, Swan & Michigan Ave. ( #43,512) ( #75,10/17) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation f LA�j:r D. Thompson- Woodcock & Armani Mech. Contractors - Ch. 96 -COB Code ( #97,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation ptas i, �1 Is. ( "�('f ;� "4 D. Thompson -Ch. 96 of the Code of the COB ( #59,10/31) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation e `' j Improve Enforcement Measures Against Motorists Who Violate Noise Ordinances (Item No. 152, C.C.P., Oct. 3, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: Tha e B falo Police Department comment as to the feasibility of implementing a policy o impoun t g vehicles used in the commission of cri es, especially quality of life cri s, so long as here is a reasonable basis to believe t at th ehicle is evidence of a crim or if it is conne ed to criminal activity or it further police c munity care takin functions such as feguarding streets from traffic ongestion, p king violations or road hazards; and That the Corporation ounsel prepare any n `essary ordinance amen( sistent with applicable law oviding that'mot ists who violate the noise presence of a police officer m be arrested nd punished accordingly. �r Recommended by the Committee on Legislation ffil Chairman PJS:rmv tAwp60\msword\rmv \152c 10- 3c.doc I �1 F L f/ x()00 <� M. Kearns -Tree Debris ( #80,7/25) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation 1I OU i t Ban Large Stereo Systems in Motor Vehicles (Item No. 123, C.C.P., June 13, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That the Corpo tion Co sel be, and she hereby is authorized to research and draft an ordinance a endment ba ing the installation and use of vehicle non - factory originated large step&o sound syste s, or any large stereo system, in pri otor vehicles in the Cif , with possible e eptions of professional vehicl or busi esses holding a city ri�usie license for sanetl ned public entertainment ents, which maybe permitted to have such systems install in their vehicles; an r r That the Buffalo Police Departme t continue its ummons blitz against th e vehicle oxaners, as well as set up check poin at var' us city locations in order to p 11 over alL/motor vehicles violating the noise ordinance, or any other traffic or motor vehicle relate ordinance in the City of Buffalo. P r Recommended by the Committee on Legislation Chairman PJS:rmv T:\wp60\msword\nnv\123c6-13c.doe f � f Require City License to Offer Check Cashing Services (# 102,6/27) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation c II VI Require City License to Offer Check Cashing Services (EDPI) ( #49,7/25) That the above item be, and the same hereby is received and filed. Recommended by the Committee on Legislation D'a- �'o - 1 Municipal Code Violations Report (Law) ( #42,4/18) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation G. Bernas- Comments /Buffalo Env. Task Force -Final Report/Comments ( #76,6/13) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation - rf Immediate Est. of the Parks Adv. Bd. (Exc. Final Res.) ( #155,10/3) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation s €M1 e y e °s Restaurant Dancing Class IV — 199 Delaware (Item No. 54, C.C.P., Sept. 5, 2006) That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV license to Christopher Wahl d/b /a Club W Inc., located at 199 Delaware Avenue. Passed. Recommended by the Committee on Legislation Chairman rJS:rmv t: \wp60\msword\rmv \54c9- 5c.doc * AYE* NO BONIFACIO DAVIS * * * FONTANA * FRANCZYK GOLOMBEK KEARNS * * s LOCURTO THOMPSON [MAJ- S] + 0 [2/3 - 6] [ 3J4 - 71 fi v4 Secondhand Dealer — 1384 Main Street (Item No. 58, C.C.P., Sept. 5, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Charles Smithgall, d/b /a SEI/Aarons located at 1384 Main Passed. Recommended by the Committee on Legislation Chairman PJS:rmv tAwp60\msword\rmv \58c9- 5c.doc E) 1 2 [ MAJ - S ] * * 0 [2/3 - 6] [ 314 - 71 * AYE* NO BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * * THOMPSON * [ MAJ - S ] * * 0 [2/3 - 6] [ 314 - 71 ii T. Hill -Req. 24/7 & Alternate Pkg.- Regent Street ( #83,6/13) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation :� h Pkg. On Regent Street (PW) ( #35,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation { �j C�f �Tr 329 Franklin Street - Encroachment (Item No. 17, C.C.P., Oct. 17, 2006) (Item No. 92, C.C.P., Oct. 31, 2006) That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license" to Mr. Paul Fineburg, located at 329 Franklin Street, to install a 13' x 5 kalwall glass panel supported by structural rectangular tubing which would encroach city right -of -way at said address, subject to the conditions as listed in the above communication. Passed. Recommended by the Committee on Legislation PJS:rmv t:\wp60\msword \:rmv \17c 10- 17c.doc Chairman * AYE* NO BONIFACIO DAVIS * * * FONTANA * * * FRANCZYK * * * GOLOMBEX KEARNS * * * LULU U0 * TfIOMPSON * * • [MAJ- S] * * U [213 - 61 * + [ 314 - 7 ] B. Davis -G. Wallenfels -Req. Signal at Georgia & Niagara Sts. Be Converted to Functioning Traffic Light ( #66,4/4) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation ,3 � G. Grobe & O- Allentown Assn. -Stop Installation of Gas Meters In Historic District ( #109,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation � f9 { - P 3 1 A. Sedita -Req. to Make COB Parks Handicap Accessible ( #85,7/25) That the above item be, and the same hereby is received and filed. • i Recommended by the Committee on Legislation -Y") T. Stineman - Problems -78 Burgard Place ( #96,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. g Recommended by the Committee on Legislation 3�i COMMUNITY DEVELOPMENT (Joseph Golombek Jr., Chairman) t t? Amendment to the Oak St. Redev. Urban Renewal Plan (Hrg. 11/28) (CCP #89- 11/14/06) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. t , Chairman —J A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Bonifacio, seconded by , the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances –- r ` Mr. Bonifacio now moved that the hearing be closed. Seconded by CARRIED. M r) TI or- Amendment t -tfie OaA Street Redevelo}m (Item N . 89, C.C.P., / ov. 1 That the a?ove item be, and e sam hereby is without recomnik-ndation. Mr. Golombek moved: Urban Renewal Plan 2006) to the'Common Council That after a public hearing on November 18, 2006, the Common Council does hereby certify the City Planning Board's unqualified approval of the Amendment of the Oak Street Redevelopment Urban Renewal Plan Amendment, consisting of Parcel 8A1 and 8A2 (known as 45 Carlton Street) land use designation be changed from Residential Medium Density to Hospital and Medical Services, as defined in Subdivision 3 of Section 502, Article 15 of the New York State Municipal Law. Passed Recommended by the Committee on Community Developmen Ali Chairman PJS:rmv t:\wp60\msword\rmv \89c I 1 -14c. doc 3S ,,,,� � , ��. ��'`�, � �t a� # � s s � it �► a� i► +� +► I+r it I�r • � O 1 � If la� z o la� 1; � If # Nr It � �Ob s f f � f # �t * � it � f � � s • � # +t If It O aC U '4� W F y v� � U � y a . O � Q � w � O � w w � ►a ���� war ,�, ��� � �.+u rr <tiy Amendment to the Oak Street Redevelopment Urban Renewal Plan (CP) (Item No. 6, C.C.P., Nov. 14, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: Tha City Planning Boar certifies t eir unqualified approval of t Amend nt o he Oak Street evelopment an Renewal Plan Ame ment, consists g of Pa e1 8A1 an A2 (known as 45 C lton Street) land e designation be cha n from Resi edium Density to Hospita d M' e cs, a de d ed Srvies fined in S>�bdivision 3_of Section 502, Article 15 of the New York State Municipal Law. Pssed. '� 1; A/� �✓� c- ✓�' `� J E - v- +�° - C,.. G ��.__ - ��v✓ �dC-w� `+6"r' °7,, -'�.'� ,tee -zs Recommended by the Committee on Community Development Y p air an PJS:rmv t:\wp60\msword\rmv \6c 11- 14c.doe 3 Request to Open Up Emergency Assistance Program to Roofing Repairs (Item No. 94, C.C.P., Oct. 17, 2006) That this Common Council seek responses from each Councilmember, the Office of Strategic Planning, and local community -based organizations such as: FLARE, Belmont Shelter, South Buffalo Weatherization, Broadway Fillmore Neighborhood, Kensington Bailey Neighborhood Housing, and others for the next Common Council meeting. Adopted Recommended by the Committee on Community Development _ < hairman PJS:rmv tAwp60\rnsword\rmv\94c 10- 17c.doc 7� Special Committees BUDGET COMMITTEE (Dominic J. Bonifacio Jr., Chairman) a Crime in BMHA Projects (Exc. 1,2,3 Res) (#125,9/19) That the above item be, and the same hereby is received and filed. Recommended by the Special Committee on Budget N 1. Capital Improvements Budget Process (Strat. Plan.) ( #9,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Special Committee on Budget a P 6 Z3 4xi Local 264- Arbitrator's Opinion & Award Judgement ( #88,7/25) That the-above item be d the PIED. Recommended by the Special Committee on 1 1 AP f l; 2ti�h Mr. Bonifacio moved that the above item be recommitted to the Special Committee on Budget. /_I�7�)��� i Inviting Reps. Of MBBA & JER Rev. Svs. To Meet W /Council Re: Properties in COB (Assess /Tax) ( #18,5/2) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Special Committee on B J.Chilson- Inviting Reps. To MBBA 2003 & JER Rev. Services LLC -Meet with Council- Prop.COB ( #41,5/2) That the above item be, and the same hereby is received and filed. • ii' � Recommended by the Special Committee on �{2 rr(j< Y Req. of Bonds Funds for Demo. Of Kensington Heights ( #154,4/4) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Special Committee on Budget Unaccounted for Water Study (PW) ( #38,4/18) ( #70,5/2) That the above item be, and the same hereby is received and filed. ADOPTED. l_� 4 BURA Salary Reimbursements (Strat. Plan) ( #2,11/1) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Special Committee on Budget Creation of False Alarm Red. Unit- Utilize Crywolf (# 108,2/4) That the above item be, and the same hereby is received and filed. U • _' D Recommended by the Special Committee on Budget �l M. Coppola - Graffiti on COB Street Signs ( #58,2/7) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Special Committee on �a Graffiti Removal Program ( #99,1/24) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Special Committee on l� r i n I .r; IOD Reports (HR) ( #45,5/16) That the above item be, and the same hereby is received and filed. ADOPTED. Recommended by the Special Committee on Budgei i �j Abatement of Charges for Snow Removal County of Erie (Item No. 13, C.C.P., July 11, 2006) That the Common Council has authorized the abatement of invoices #19598, #19599 and #23536 as more fully described in the above communication and that the Commissioner of Public Works, Parks and Street adjust their records abating the invoices. Passed. Recommended by the Committee on Budget PJS:rmv t: \wp60\msword \:rmv \130 -1 1 c.doc �o F t *A_YE* NO BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * * THOMPSON [MAJ- 5] * U [2/3 - 6] [ 314 - 71 50 RESOLUTIONS q �f9 RESOLUTION By: Mr. Bonifacio Re: Excuse Councilmember Russell from Meeting Whereas: Councilmember Bonnie E. Russell will be unable to attend the Council meeting on Tuesday, November 28, 2006; Now, Therefore, Be It Resolve That: The Common Council excuses Councilmember Bonnie E. Russell from attending The Tuesday, November 28, 2006 Common Council meeting. DOMINIC J. T30NIFACIO, JR. BY: Council member Brian Davis RE: Amendment to the Downtown Renewal Project Urban Renewal Plan WHEREAS, the Downtown Renewal Project Urban Renewal Plan was approved by the City of Buffalo Common Council, CCP Item # 190, on June 29, 1965 and subsequently amended with Phase II on December 17, 1968 (CCP Item # 70) and Phase III on April 6, 1976 (CCP Item # 170; and WHEREAS, the Office of Strategic Planning has recommended that the Downtown Renewal Project Urban Renewal Plan Amendment Phase IV, consisting of all that tract of land bounded by the street centerlines of Ellicott Street on the east, Eagle Street on the south, Washington Street on the west, & Clinton Street on the north, be designated as appropriate for Urban Renewal treatment; and WHEREAS, the additional site designation is seen as an integral part of the Downtown core revitalization that has suffered from blighting conditions; and WHEREAS, it will provide new economic development and job opportunities to the community at large and will aid in the stabilization of local property tax rolls and provide a framework for public and private reinvestment within the area; and WHEREAS, the Housing Act of 1949, as amended, and Article 15 of the General Municipal Law requires that the Urban Renewal Plan Amendment be approved only after a public hearing on due notice; and WHEREAS, the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Public Hearing" in the Buffalo News and the City Record, no later than the 2nd day of December, 2006 and that this Common Council will conduct a public hearing on the matter stated at 2:00 PM in the Council Chambers on December 12, 2006. Now Therefore Be It Resolved That, We the duly appointed members of the City Planning Board, do hereby report to the Common Council and certify our unqualified approval of the Downtown Renewal Project Urban Renewal Plan Phase IV amendment as defined in Subdivision 3 of Section 502, Article 15 of the New York State Municipal Law; and Be it further Resolved; That the Director of the Office of Strategic Planning is directed and has authorized the amendment to the Downtown Renewal Project Urban Renewal Plan Phase IV for the long -term, comprehensive redevelopment of the designated parcels within the approvedmareas, Council Member Brian Davis f C, II #f 4 (Rev. 1/93) SUBJECT: REQUEST TO AMEND LDA. 844 -864 MAIN STREET 800 MAIN STREET LLC - REDEVELOPER BY: Coundlmember .Brian Davis WHEREAS, the Buffalo Urban Renewal Agency has duly designated 800 Main Street 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 WHEREAS, the proposed Amendment to the Land Disposition Agreement has been duly submitted to this Common Council by the City of Buffalo'Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. 800 Main Street LLC and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the City of Buffalo Urban Renewal Agency, was previously approved as the Redeveloper of 844864 Main Street. 2. That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to effectuate the proposed "Amendment to the Land Disposition Agreement" between the City of Buffalo Urban Renewal Agency and 800 Main Street LLC. TEW/MS /rns REFERRED TO THE COMMITTEE N COMMUNITY DEVELOPMENT. '0-- � #4 (Rev. 1193) RESOLUTION By: Councilmember Brian Davis SUBJECT: ( SET PUBLIC HEARING [REQUEST TO AMEND LDA — 844 -864 MAIN STREET — 800 BLOCK MAIN STREET LLC - REDEVELOPER WHEREAS, 800 Block Main Street 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 had executed a Land Disposition Agreement dated August 28, 2005 and has transferred the properties known as 844 -864 Main Street for the sum of One Dollar ($1.00) to 800 Main Street LLC, Redeveloper, and WHEREAS, the terms of the Land Disposition have been amended; and WHEREAS, Amendment No. 1 to Part 1 of the Land Disposition Agreement has been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Amended Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to 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 an amendment to the terms of a Land Disposition Agreement may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 2nd day of December 2006. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing's at 2:00 P.M. in the Council Chambers on the 12th of December 2006. TEWIMSJms ADOPTED By: Mr. Davis Transfer of Funds Capital Projects That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $400,000 be and hereby is transferred and reappropriated as set forth below. From: 30000106 - 445100 Planning Capital Projects To: $ 400,000 31540006 - 445100 Cars on Main St. $125,000 31655806- 445100 G.I.S (Geographic Information System) $125,000 (new account needed) Michigan Ave. Streetscape (Broadway to Goodell) 75,000 (new account needed) Fargo Ave /D'youville College Gateway 75,000 C REFERRED TO THE SPECIA y� By: Mr. Franczyk Re: Ordinance Amendment Chapter 293, Noise The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 293 of the Code of the City of Buffalo be amended to read as follows: § 293 -7. Penalty for offenses. Any person violating the provisions of this chapter may be liable for penalties as prescribed in Chapter 137, Article I, of this Code[.] and §1 -15 of the City Charter and Code which states: "Every violation of any of the Code of the City of Buffalo shall be punishable by a fine or penalty of not more than $1.500 or by imprisonment for not more than 15 days, or by or fine for a violation thereof is provided. Each day that a violation continues shall be deemed a separate violation. In addition to the aforesaid fines and penalties, a licensee who violates any provision of the Code shall be subject to a suspension or revocation of his license Any payment returned by the Director of Treasury for insufficient funds will be subject to an additional charge as outlined in Chapter 175, Fees." A Buffalo Police Officer who in the course of his/her duties and with firsthand knowledge observes a i)erson in violation of the City's noise ordinance may m; arrest without a warrant as authorized and provided by Criminal Procedure Law § 140.11 In the event a police officer makes an arrest without a warrant pursuant to this chapter, he /she must without unnecessary delay bring the arrested person before a local criminal court and file an appropriate accusatory instrument charging the individual with the appropriate offense as required by Criminal Procedure Law § 140.20. Alternatively, the arresting officer may issue and serve an appearance ticket upon the arrested person and release him/her from custody provided that the police officer wh< issued and served the appearance ticket at or before the time the appearance ticket is returnable files with the local criminal court in which the ticket is returnable an accusatory instrument charainiz the named Berson with the appropriate offense pursue to thi Law If the defendant does not appear in the designated local criminal court on the return date the accusatory i Procedure Law. APPROVED AS TO FORM f �f✓ Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION. AAL:PJS: NOTE: Matter underlined is new, matter in brackets is to be deleted. j T: \wp60\tnsword \pj s \ord- amend - noise - arrest- franczyk. doe RESOLUTION Sponsor: Mr. Franczyk Co- Sponsors: Mr. Kearns Re: Demolition of 171 Smith Street �l0 o -4 Whereas: 171 Smith Street has been sitting vacant and dilapidated, awaiting demolition for many months; and Whereas: The property is currently on the City demolition list; and Whereas: Neighbors are concerned that vagrants and vandals who have been frequenting this property may start a house fire and may cause additional damage to the property as well as adjacent properties in the area; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo requests that the Department of Economic Development, Permits and Inspection immediately commence the demolition of 171 Smith Street as order by the City Court Housing Court Judge Henry Nowak; and Be It Further Resolved: That the Department of Economic Development, Permits and Inspections report back to this Honorable Body as to when the property of 171 Smith Street will be demolished; and Be It Finally Resolved: That this Honorable Body requests that the property at 171 Smith Street be treated with utmost priority. David A. Franczyk Michael P. Kearns s N+ By: Mr. Golombek r04, 10 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 -13 (G)(1) Apprenticeship Training Program Pursuant to New York State Labor Law 816 -b, the City of Buffalo hereby requires all contractors and subcontractors entering into any construction contracts with the City of Buffalo, to have established apprenticeship agreements appropriate for the type and scope of work to be performed under the contract, that has been approved by the NYS Commissioner of Labor. Construction contracts shall mean any contract, which involves construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, or physical structure of any kind with a value in excess of $100,000. § 96 -13 (H) Workforce Development and Diversification Apprenticeship Training Program. Definitions: "Worker Training Program" shall mean: a state registered apprenticeship program through New York State Department of Labor that includes the following standards: (a) An organized, written plan in place that embodies the terms and conditions of employment, and the training and supervision of one or more workers; and (b) A schedule of wages to be paid to the worker consistent with the skills required and approved by the New York State Department of Labor; and (c) Equal opportunity and affirmative action plans; and (d) Workforce development and diversification goals ensuring that the contractor will work toward a minority workforce goal of 25 %, and women workforce goal of 5% combined in project personnel including trades people, trainees, journeymen, apprentices, and supervisory staff, and (e) A minimum of ten (10 %) percent of the workforce employed by any and all contractors and subcontractors be done by a person or persons participating in an apprenticeship program which has been registered with and approved by the New York State Commissioner of Labor in accordance with Article 23 of the NEW YORK LABOR LAW; and (t) Residency goals ensuring that the contractor will work toward a minimum of twenty - five (25 %) percent of the workforce to include qualified residents from the City of Buffalo. "Commissioner" shall mean the Commissioner of the City of Buffalo Department of Public Works. "Construction contract" shall mean any contract to which the City of Buffalo shall be a signatory, which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. "Construction subcontract" shall mean any subcontract between a contractor who has a construction contract with the City of Buffalo which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. "Contractor" or "subcontractor" shall mean a contractor or subcontractor that directly employs ten (10) or more workers under a construction contract or construction subcontract, as defined herein, for which a worker - training program, registered through New York State Department of Labor is required. "Construction worker" shall mean an individual directly involved in the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. (1) Requirements and Exceptions (a) Any contractor, prior to entering into a construction contract, as defined herein, with the City of Buffalo, or any subcontractor entering into a construction contract as defined herein, with a contractor who has a construction contract, as defined herein with the City of Buffalo, is required to have in place at the time of bid a NYS Department of Labor apprenticeship training program, as defined herein, either internally to the contractor or subcontractor and /or through an organization servicing several contractors or subcontractors, appropriate for the type and scope of work to be performed. (b) The Commissioner shall file reports on a quarterly basis with the Mayor of Buffalo and the Common Council as the training of workers and certification. ( c) Any contractor with the City of Buffalo, or any subcontractor entering into a construction subcontract with a contractor who has a construction contract with the City of Buffalo, is required to ensure that the workforce which it engages to perform work in execution of the contract or subcontract meets the minimal workforce diversification { i<. standards as defined above, such contractors and /or shall provide the Commissioner or designated compliance officer with the following: (i) A monthly workforce census and such other employment and /or payroll records necessary to verify achievement of the workforce diversity goals and the demonstrate compliance with the minimum standards. (ii) Access and cooperation to the project compliance officer to review records on -site and /or at worksite premises to validate workforce participation. (iii) With bid submission, a statement committing to providing apprenticeship training opportunities to workers, as well as details of workforce diversification recruiting programs directed at attracting candidates to fill positions .to meet such requirements. (2) Rules & Regulations The Commissioner of the City of Buffalo Department of Public Works is hereby authorized to promulgate such rules and regulations that are lawful, necessary and appropriate to implement, enforce, or otherwise carry out the purpose of this section. (3) Equal Employment Opportunity Oversight The Commissioner of Community Services and Recreational Programming for the City of Buffalo shall conduct oversight and review functions over apprenticeship training programs operated in accordance with the provisions of this section to ensure compliance with federal, state, and local laws and regulations concerning minority and women participation, and shall report to the Common Council annually concerning such compliance. (4) Penalties Violation of any provision of this section may constitute cause, grounds or other legal justification for termination of any contractual agreement with any contractor or subcontractor engaged in a construction contract or construction subcontract with the City of Buffalo, in accordance with city, county, and state laws, rules, and regulations governing the termination of such contractual agreements. (5) Severability If any clause, sentence, paragraph, subdivision, section or part of this section or the application thereof, to any person, individual, corporation, firm, partnership, entity or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional such order of judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this section or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such judgement or order shall be rendered. (6) Expiration The Apprenticeship Training Program ordinance as contained in § 96 -13(G) and § 96 -13(H) of this chapter, and all enforcement thereof shall expire on July 1, 2007. The Common Council, by a majority vote, may extend this ordinance and its enforcement beyond the expiration date. APPROVED AS TO FORM z2 , Corporation 'Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. AAL:PJS T:\wp60\msword\pjs\Ord-amend-apprenticeship-exemption-golombek LEGISLATION. REFERRED TO THE COMMITTEE ON 4 B Y: Ms. RUSSELL BUDGET AND PERSONNEL AMENDMENT 20 - DEPARTMENT OF POLICE 1100— COMMISSIONER The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 20 - Department of Police, 1100 - Commissioner, is hereby amended to read: 1 Special Assistant to the Police Commissioner for Communications $ 55,000 From: 12021001 - 411001 Salary $ 28,659 To: 12000001 - 411001 Salary $ 28,659 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing 'a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil: Service, title for the proposed position H. MCCARTHY- GIPSON COMMISSIONER OF POLICE AND DONNA J. ESTRICH, , " COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, hereby:certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. H. MCCARTHY -GIP N COMMISSIONER OF POLI F . ,:fr APPROVED AS TO FORM Corporation Counsel 11/06/2006 Attachment DONNA J. ESTRICH COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS ITS OF BUFFALO DEPARTMENT OF POLICE H. McCarthy Gipson 74 Franklin Street Commissioner of Police Buffalo, NY 14202 -4099 Phone: (716) 851 -4444 October 25, 2006 Donna Estrich, Commissioner of Admin. & Finance 65 Niagara Square City Hall, Budget Room 203 Buffalo, NY 14202 The Buffalo Police Department is requesting the following budget amendment to the 2006/2007 fiscal year adopted budget: - Add 1 "Special Assistant to the Police Commissioner for Communications" / Title Code $# 1433 / Org 12000001 411001 Salary Range: $55,000.00 - Increase salary line, Org 12000001 Object 411001, by $32,083 ($55,000 X 7/12). The Department anticipates hiring the incumbent by 12/01/06, the position is exempt and there is only one flat salary. - Increase fringe line, Org 17301002 Object 421002, by $8,000 to cover all fringe benefits. - Utilize salary savings already realized from civilian vacant positions since 7/1/06 to the present. If you have any questions, please call Inspector Joseph Strano at ext 4879 or Captain Mark Makowski at ext 5643. Sincerely, H. McCarthy Gipson Cc: Inspector Joseph Strano, BPD Admin. & Communications Lieutenant Daryl Riciglano, BPD Admin. & Finance POLICE Year to Date Budget PP # 8 Savings to Date 12021001 411001 3,491,743.00 1,005,073.00 65,193.05 Anticipated start date 12/11/2006 13.6 Payperiod # 12.5 Salary $ 55,000.00 per pay period $ 2,107.28 $ 28,659.00 Surplus $ 36,534.05 z� *A YE* NO * BONIFACIO DAVIS * * * FONTANA * FRANCZYK GOLOMBEK KEARNS * LOCURTO s * THOMPSON [MAJ- S] * * 0 [ 2/3 - 61 PM - 7] tjQ A S :y, M I_\ Ikfillk1l:8 kTj NJ:[OI &IU:je] k1 Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: James Alonzo Lisa Anzalone Carol Benz William Carey Kristina Drewery Carolyn Fleming Ronal Fleming Nancy Frost James Griffin Sharon Griffin Deborah Herbert Willie Earl House Margaret Kelly Christine Kirby Maureen Lewis Alfred Marino Theresa Michalski Yvonne Minor -Ragan Signia Morales Viola Palmer Dalia Dispenza Barbara O'Connell Marian Nowaczyk Michael Seibert Scott Hirsch Philip Dicarlo Magali Maedorado Therese Sardo Ruthanne Suchy James Hunter Mary Jo Conrad Alexis Oberlander Anne DeGeorge Gail Buch Cynthia Donoghue Angela Angelo Christina Nendza Gloria Phillips Leola Browder Deborah Cielencki Eileen Katz Mary Alice Mason Barbara Brauch Annie Deck - Miller Mary Jane Wajmer Kimberly Schaus Pauline Young Mica Swartwood Wayne Galloway Eric Schiffman David Filsinger Allen Brown Sr Michael Clayton Harold Cardwell Jr Robert Marshall Jr Sara Pause Afrika Richardson Georgette Antecki Ginger Carey Patricia Szczesny Seanna Jo Milewski Kimberly Budzynski Sandy Winkowski Total: 63 r 4 010 1 4 BY: ANTOINE M. THOMPSON Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Alice Radka Ralph Hernandez Richard Fontana Louise Cerrone Francine Russo Julia Paul Carla Ruffino Kathleen Gregoire Jacqueline Rushton Lee Adanti Joanna Alfonso -Cooke Marilyn Archer Kelli Blakeley Richard Carter Timothy Collins Lisa Geier Diane Kaczmarek Nancy Lauria Sharon Levy Inez Mirco Michelle Olszowy Teri Jo Ritz Maria Thomas Michael Zulewski Jeffery Abraham Kristin Alabisi Frances Boles Rose Bologna Shirley Bonanducci Danielle Casillas Francis Clouden Janet Cochrane Melinda Collins Patrice Colpoys Robert Corp Jacqueline Costantino John Crangle Christina Cybulski Elaine DeFranks Loretta DiBella Linda Drake Willmer Fowler Karen Fritsch Mary Jo Gang Richard Geer Francine Giumento Ann Marie Hawes Sara Hibbard Debra Hogan Kathleen Hochol Dorothy Mae Hunter Judith Ivey Joanne Karamanos Nancy Kostek Joyce Krawczyk Edna Lovegrove Beverly Marino Brian Mayo Michael McGee Douglas Mercer Kimberley Mesi Lynn Miller Michael Nowakowski Joy Peterson Leonard Potwora Marlene Prather David Rosen -Brand Lynette Ryan Paul Sorrentino Louis Strauss Carl Szarek Elaine Szematowicz Patricia Thomas Susan Tilley Bonnie Jean Tolbert Mary Wolf Diane Zigrossi Angela Filppone Patrick Sole Jr Christine Ruggiero Maria Grisanti Linda Chwalinski Gerald Chwalinski Karen Barone Lisa Nowak Suzanne Buffamanti Laura Rogers Nell Daley Madonnna Scoville Mae Jackson Kea Rusch Cheryl Kinmartin Mary Pat Tyler Sharon Knope Marquitta Whitehead Madeline Marrone Barbara McAlister Paula Gehm Broc Dehn Kathy Rine Judith Lips Charles Bartolotta Herbert Bellamy Keith Dearmyer Damon Evans Robert Hecht Vito Masiello Randolph Paul Christine Lehner Mary Baldwin John Fracos Joseph Golombek Jr ADOPTED ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, I P 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, Dec. 5, 2006 at 9:45 o'clock A.M. Tuesday, Dec. 5, 2006 at 10:00 o'clock A.M. Tuesday, Dec. 5, 2006 at 1:00 o'clock P.M. Tuesday, Dec. 5, 2006 at 2:00 o'clock P.M. (Public Disclaimer All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition there may be meetings set up whereby the City Clerk's Office is not made aware; therefore unless we receive notice from the respective Chairmen we can only make notification of what we are made aware. 2�y 53 No. ;1 , Adjournment�� at y `' f On a motion by Mr. Bonifacio, Seconded b -??. ,i ll, the Council adjourned D GERALD CHWALINSKI CITY CLERK