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HomeMy WebLinkAbout07-1016CORPORATION PROCEEDINGS COMMON COUNCIL CI'T'Y HALL - BUFFALO TUESDAY, October 16, 2007 AT 2:00 RM. Present --- David A. Franczyk, President of the Council, and Councilmembers: Bonifacio, Davis, Fontana, Goiombek, Kearns, LoCurto, Russell & Smith - 9 Absent - None On a motion by Mr. Bonifacio, Seconded by Mr. Fontana, the minutes of the stated meeting held on October 2, 2007 were approved. BONIFACIO DAVIS FONI'ANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL SMITH [ ------------- ] [ MAJ - 5 [213 - 6] X3/4- 7 *AY * NO Sk X 7,"S 9 0 Oct 16, 2007 FROM THE MAYOR Oct 16, 2007 i FROM THE MAYOR - EXECUTIVE DEPARTMENT Oct 1 C, 2007 FROM THE CITY PLANNING BOARD Oct 16, 200)7 eJ0( K? X Cy1 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board cpb Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Canisius High School Administrative Offices Location: 1193 Delaware Avenue Type of Action: Unlisted - Uncoordinated Description; Canisius High School is proposing to rehabilitate an existing building and construct an employee parking lot located at 1193 Delaware Avenue Buffalo New York. The project will include a new fifty five (55) car parking lot to be used by the employees working at 1193 Delaware Avenue, with some additional available for staff working at the High School. The parking area is surrounded by an existing masonry wall which will screen the cars from public view A new accessible ramp will be added as well as new seventeen foot (17) light poles with directional lighting to reduce light escaping to neighboring properties and new landscaping in the parking lot area as well as in the front yard of the existing administration building. The project will be funded privately and cost approximately $250,000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the new administration building will free up much needed space in the High School and the new parking should alleviate some of the parking congestion at the High school and accompanying side streets. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 — 716 851 -5085. Dated September 25, 2007 CC: City Clerk City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works, Parks & Streets Canisius High School RECEIVED AND FILED 000002 # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 25, 2007 ' FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Abandonment and Sale Dead End Portion of Providence Street Approximately 66' x 1,307' PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ltem No. xxx C.C.P. xx/xx/xx TEXT: (TYPE SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, has received a request from Burd & McCarthy Attorneys At Law, Mr. Tim McCarthy, on behalf of Hood Industries, Inc. (formerly Hood Welding) to purchase the dead end portion of Providence Street. Hood Industries has received an offer to sell its property for future industrial use. Upon doing some preliminary title work, it was discovered that a portion of the block building erected by Hood in the 1970's encroaches slightly onto Providence Street (a unused public right of way) running parallel to Tifft Street at the rear of Hood Industries property. The Division of Real Estate has contacted Land Use Planning, Public Works, Sewer Authority, Fire, Police and the City Planning Board and there were no objections and /or conditions to the abandonment and sale of a portion of Providence Street. Your Honorable Body may authorize the abandonment and sale of the property in accordance with Article 27, Section 27--5 of the City Charter. Should Your Honorable Body authorize the abandonment and sale the purchaser is required to retain a real estate appraisal(s) at their own expense, for the purpose of fixing the value of the interest of the City in such property. The City will provide a list of appraisers established by the Appraisal Review Board of the City. I am, therefore, recommending that Your Honorable Body authorize the abandonment and sale of a portion of Providence Street. The results of our negotiations will be filed with Your Honorable Body for final approval TYPE DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TYPE TITLE: INTERIM EXECUTIVE DIRECTOR OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: JPH:plg Clcapasslabandsalprovidence �5 0 , } S a � s n q 3 � S a N BOLLER AV. Nv� aoerco �' m / C5 IIl C�J 4 w s ,� Y 'CO 4 F ITIFFT Mr. Bonifacio moved: That the above communication from the Department of Strategic Planning, Division of Real Estate dated September 25, 2007 be received and filed; and That the City of Buffalo does hereby abandon the dead end portion of Providence Street, approximately 66'.x 1,307' in accordance with Article 27, Section 27 -5 of the Charter -- Sale by Appraisal of the City of Buffalo; and That the Director of Real Estate be, and he hereby is authorized to negotiate a sale with Burd & McCarthy Attorneys at Law, Mr, Tim McCarthy on behalf of flood hndustries, Inc. (formerly Hood Welding), and that the recommendations of the Appraisal Review Board and results of negotiations be reported back to the Common Council for final approval of the sale of the dead end portion of Providence Street. 2 TAB:rmv "r;wp601mnv12c 10- 16a,doc !AYE * N 0 ' BONIFACIO DAMS * * * FONTANA FRANCZYK GOL IMBEK * + KEARNS W LOC IRTO [ MAT - S ] 9 0 [?J3 -6] [ 3/4 _ 71 # 1 (Rev. 2/01) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 2, 2007 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: General Office SUBJECT: [: AD Price Apartments PILOT PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. , C.C.P. ) TEXT: (TYPE SINGLE SPACE BELOW) r� Your Honorable Body is hereby requested to approve the attached amended PILOT agreement between the City of Buffalo, the County of Erie, AD Price I LLC (owner of the redevelopment) and AD Price I Housing Development Fund Corp (the managing member of the owner). The agreement as originally submitted in Communication to the Common Council dated September 26, 2007 has been amended to more accurately reflect the intention of the owner and managing member as to the affordability of the units. This amendment does not effect the PILOT payments as submitted in the original agreement. This Project will develop vacant property bounded by Broadway Avenue on the North, Spring Street on the west Jefferson Avenue on the east and William Street on the south and is located in the Willert Park neighborhood. The goal is to create approximately fifty -five (55) units of rental housing. 1000 of the units will be made available as affordable housing. The units will be available to persons earning up to 600 of the area median income but will also be affordable to persons earning less than 30% because of the presence of an ACC subsidy. The amount of the PILOT payments was calculated based upon the City's PILOT policy, which provides for payments in the amount of 3% of the total income of gross rent assuming a 5% vacancy. Payments will increase by three percent per year for the duration of the 15 year Pilot. TYPE DEPARTMENT HEAD NAME: Timothy E. Wanamaker TYPE TITLE: Executive Director SIGNATURE OF DEPARTMENT HEAD: ER E TO E C AGREEMENT FOR PAYMENTS IN LIEU OF TAXES THIS AGREEMENT for payments in lieu of taxes is made as of the day of , 2007, by and among the CITY OF BUFFALO (the "City"), the COUNTY OF ERIE ( "County "), and AD PRICE I LLC, a New York limited liability company with offices at 300 Perry Street, Buffalo, New York 14204 ( "Taxpayer "), and AD PRICE I HOUSING DEVELOPMENT FUND CORP., a New York not-for-profit corporation formed pursuant to Article XI of the Private Housing Finance Law of the State of New York (the "PHFL "), with offices at 300 Perry Street, Buffalo, New York 14204 ( "HDFC ") for the making of certain payments in lieu of real property taxes by the Taxpayer ( "PILOT Agreement "). WITNESSETH. WHEREAS, Taxpayer is the owner of 55 units of affordable housing, known as AD Price Apartments ('Project'), located on the tracts of land listed in Exhibit A, in the City of Buffalo, County of Erie and State of New York ( "Land "); and WHEREAS, the development of the Project is of vital public interest to the City and the County; and WHEREAS, the development of the Project is intended to be affordable to very, very low income housing, and affordability of the property for residential use by very, very low income persons shall remain consistent throughout the duration of the PILOT Agreement. NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. Tax Exemption The parties agree that Taxpayer qualifies for real property tax exemption for the Project in accordance with the provisions of Article I I of the New York Real Private Housing Finance Law. 2. Oblip-ation of the Taxpayer to Make Payments in Lieu of Taxes The City and the County require, and the Taxpayer shall make payments in lieu of real property taxes to the appropriate taxing authorities pursuant to the real estate tax policies of the City and the County, subject to the terms of this PILOT Agreement. 1 Requirements of HDFC and Taxpayer a. The development will be carried out in compliance with the reasonable requirements of the Planning Board of the City of Buffalo. Page No. 1 AD Price Phase I / MOT i b. The PILOT Agreement period is to commence on the Commencement Date, as hereinafter defined, and be concurrent with the Project's use as affordable housing and for so long as a municipality aided, state aided and/or federally aided mortgage is outstanding on the Project, but shall not exceed fifteen (15) years. C. The Taxpayer shall provide the City and the County such information concerning its operations and the operations of the Project in form and substance as may from time to time be reasonably requested. Such information shall include but shall not be limited to the annual financial statements of the Taxpayer from the calendar year immediately preceding the fiscal year in which payments are due. d. The Taxpayer shall permit the Comptroller of the City and County to audit its boobs and records within fourteen (14) days after receiving a written request from the City or County. e. Transfer of title to the land and improvements comprising the Project will not be allowed during the term of this PILOT Agreement without the prior written consent of the City or County. f. The Taxpayer shall utilize City services for the Project at rates comparable for similar properties. 4. Taxing Authorities and Amounts a. Upon commencement of the City's next taxable status date following conveyance of the Land to facilitate the Project described herein (the "Commencement Date "), the Taxpayer shall make annual payments in lieu of local and municipal real estate taxes, including school taxes but not including assessments for local improvements and special assessments on the land and buildings constituting the Project as follows: i) for the first fiscal year, the Taxpayer will snake a fixed annual PILOT payment in the amounts as stated in the attached Schedule A in satisfaction of all property taxes; ii) beginning in the second fiscal year, and continuing through the 14th year thereafter, the Taxpayer will make a PILOT payment equal to the PILOT payment paid in the previous year plus a 3% increase over the previous year's PILOT payment; iii) 25% of the total PILOT payment made each fiscal year will be due to the County, and forwarded directly thereto; iv) the remaining portion of the PILOT payment shall be allocated and/or distributed as the City of Buffalo sees fit between the various entities currently assessing taxes against the Project, except the Taxpayer will be responsible for paying all special district assessments and other assessments permitted by law; Page No. 2 AD Price Phase I /PILOT V) at the expiration of the fifteen (15) year period, this PILOT Agreement will cease to have any effect on the taxes due with respect to the property and the property will be taxed in accordance with applicable law. b. Each of the foregoing payments shall be made on or before the date that the particular tax payment would have been due to the City or the County. C. The accountant for the Taxpayer shall prepare all documents and forms required under this PILOT Agreement. 5. Defaults in Payment in Lieu of Taxes In the event the Taxpayer fails to make any payment in lieu of real property taxes when due, the amount or amounts not so paid shall be a lien on the Project in the same manner that delinquent real. property taxes would be and continue as an obligation to the Taxpayer until fully paid. In addition, the Taxpayer shall pay the appropriate taxing authority's or authorities' interest and penalties on the unpaid amount or amounts accruing at the same times and at the interest rates as if such amounts were delinquent real property taxes. In addition to any other remedies available to them for the collection of delinquent real property taxes, including, without limitation, in rem proceedings, the City and County may exercise any other remedies available, and such remedies shall be cumulative and the exercise of any remedy shall not be an action of remedies under law. 6. Effect of Fulfillment of the Requirement Once having paid the amounts required by this PILOT Agreement when due, the Taxpayer shall not be required to pay any real property taxes for which such payments in lieu of taxes have been made, except special district assessments and other special assessments permitted by law. 7. Events of Default and Termination of Tax. ExcmDtion. a. An event of default ("Event of Default ") shall be defined as (1) failure of the Taxpayer to make any payment required under the PILOT Agreement when due, (2) the Taxpayer's failure to provide any notice as required by this PILOT Agreement to the City or the County, (3) Taxpayer failure to qualify, or continue to qualify, for a real property tax exemption for the Project, (4) failure of Taxpayer to provide any of the information required by Section 3(c) or 3(d) of this PILOT Agreement, or (5) the transfer of title or beneficial ownership of any portion of the Project or the Land. b. Upon the occurrence of an Event of Default as defined pursuant to Section 7(a) above, the Taxpayer shall have ten (10) days after the receipt of Notice from the City or County regarding such default to cure such default. C. In the event the Taxpayer has not cured such default or defaults within the time period set forth in this PILOT Agreement, then the exemption from real property taxes described herein. shall be deemed to have been terminated as of the taxable status date of the City's immediately preceding fiscal year. Page No_ 3 AD Price Phase I / PILOT d. Upon a termination of the exemption from real property taxes set forth in Section 7 {c} above, the Taxpayer shall be liable for real property taxes on a pro -rata basis from and after the City's taxable status date immediately preceding the Event of Default and the statutory lien applicable to such real property taxes shall be deemed in effect as of the lien date normally applicable to such year's real property taxes, unless a separate basis for a real property tax exemption then exists for the benefit of Taxpayer. e. Any such termination of the real property tax exemption applicable to the Project shall not void the liability of the Taxpayer for an unpaid payments in lieu of taxes required by this PILOT Agreement prior to such termination. 8. Waiver No failure on the part of the City or County to exercise, and no delay on the part of the City or County in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by the City or County preclude any other or further exercise thereof or the exercise of any other right, power or remedy. 9. Modification Neither this Agreement nor any provision hereof may be amended, modified, waived, discharged or terminated, except by an instrument in writing duly executed and agreed to by the parties hereto. 10. Counterparts This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Remainder of page intentionally left blank Page No. 4 AD .Price Phase I / PILOT IN WITNESS WHEREOF, the City, the County, and the Taxpayer have duly executed this Agreement as of the day and year first above written. COUNTY OF ERIE Joel A. Giambra County Executive Approved as to content for Erie County: Andrew M. Eszak Commissioner, Department of Environment and Planning; Approved as to form for Erie County. Gregory J. Dudek Assistant County Attorney Document No.: Dated: 297646 CITY OF BUFFALO Byron W. Brown Mayor Approved as to content for the City of Buffalo: Bruna Michaux Commissioner, Assessment and Taxation Approved as to form for the City of Buffalo: Alisa A. Lukasiewicz Corporation. Counsel AD Price Housing Development Fund Corp. Dawn E. Sanders, President AD Price I LLC By: AD Price Corp., its Managing Member C Dawn E. Sanders, President Page No. 5 AD Price Phase T / PILOT EXHIBIT "A" AD Pr Redeve _ Co mbine d Site Address List 7f 012007 SITE # Address of Site _ _ - - 1 _ 2 82, 286, 288, 292 Madison 3 2 br TH now address: 282 Madison -- - - _ -_ �___ -- - -- 2 477, 481, 483 4 2 br D now address: 4 Je fferson - _ -• __ _ _ - T , 493, 495, 497 J ®fferson - - 4 3 br dup new address: 489 Jeffers - 4 - 503, 507, 509, 513, 515, 599 Jefferson $ 2 2 br du 2 1 brd du - - new a ddress: 503 Je fferson - - -- 5 — .._.._... -- 455 a 4B1 46 Jeffe rson 4 2,2 br dup now address: 4 Jeff erson -- - - - - - -- - ti 566, 558, 572, 5 74, 576 J 4 2, 3 br dup wv now d ress: 566 Jefferson - 482 Jefferson -- NO Change 8 - 490, 494, 498, 502, 504.506 Jefferso 4 2 br dup & 3 br dui--- new addres 49 0 J effers on __...._.._. 9 514 Jefferson 2 3 br stop 10 394 Jefferson 20 _ 2 br th OK NO change X \I Schedule A Year Net Annual Rent Total Annual PILOT City Share 75% County Share 25% 1 272,305 8,169 6,127 2,042 2 280,474 8,415 6,311 2,104 3 288,888 8,667 6,500 2,167 4 297,555 8,927 6,695 2,232 5 306,482 9,195 6,896 2,299 6 315,676 9,471 7,103 2,368 7 325,146 9,755 7,316 2,439 8 334,900 10,047 7,535 2,512 9 344,947 10,348 7,761 2,587 10 355,295 10,659 7,994 2,665 11 365,954 10,979 8,234 2,745 12 376,933 11,308 8,481 2,827 13 388,241. 11,647 8,735 2,9 12 14 399,888 11,997 8,998 2,999 15 411,885 12,356 9,267 3,089 Totals $5,064,56 $15 1,94 $ $37,987 Page No. I AO Price I/PILOT CI'T'Y OF BUFFALO DEPARTMENT OF ASSESSMENT AND TAXATION 65 Niagara Sgaam • Room 101 City Hall s Buffalo, NY 14202-3385 Phone. (716) 851 -5733 BYROrr W. BROWN 13RUNA MICHAUX mmpr Commissioner July 24, 2007 David E. Pawlak, Vice - President Savarfno Construction Companies 26 Mississippi Street, Suite 100 Buffalo NY 14203 Re: AD Price Redevelopment Project — Phase 1 282, 285, 288, 292 Madison 477, 461, 483 Jefferson 489, 493, 495, 497 Jefferson 503, 507, 509, 513, 515, 519 Jefferson 455, 457, 461, 465 Jefferson 566, 568, 572, 574, 576 Jefferson 482 Jeffrson 490, 494, 498, 502, 504, 506 Jefferson 514 Jefferson 390 Jefferson Dear Mr. Pawlak: This will confirm: the agreement reached during our meeting today in my office that upon We transfer the Department of Assessment and Taxation will combine the parcels on Madison and Jefferson set forth on the attached spreadsheet and assign the new parcels the addresses you have requested as shown on the spreadsheet. Sincerely, DEPARTMENT OF ASSESSMENT & TAXATION 9 runs Michaux, b r ommissioner BM1gz cc: Unda L Goodman, Director of Project Development Norster Development USA, 1.P Martin F. Kennedy, District Assessor Eric Herndon, District Assessor Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated October 2, 2007 be received and filed; and That the Agreement for Payments in Lieu of Taxers (PILOT) between the City of Buffalo, the County of Erie and AD Price I LLC for the development of vacant property bounded by Broadway Avenue on the north, Spring Street on the west, Jefferson Avenue on the east and William Street on the south, located in the Willert Park Neighborhood, which contemplates the creation approximately fifty -five (55) units of rental housing and PILOT payments of 3% of total income assuming a 5% vacancy rate, increased by three percent per year for 15 years is hereby is accepted; and approved. Passed 3 TAB:rmv T:wpWnuv\3e 10 -1 Ga,doc y L D . � +t� f�irirtti ;fife *cif * iw Iflsf IM i '� i* • i� f t U '00004 # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: DATE: October 5, 2007 Office of Strategic Planning Real Estate SUBJECT: Response — Greater Refuge Temple Lot Acquisitions PRIOR COUNCIL REFERENCE: Item #37, C.C.P. 9118107 The above referenced item is a request from Bishop Robert Sanders of the Greater Refuge Temple of Christ, 943 Jefferson Avenue, Buffalo, New York, to acquire the City -owned lots at 650, 652 and 660 Genesee Street. I have forwarded the request to the Division of Real Estate. The Director of Real Estate will contact the Church and advise them on how to acquire vacant land from the City of Buffalo. The results of negotiations between the City and the Greater Refuge Temple will be filed with the Common Council for final approval. DEPARTMENT HEAD NAME: 111111114 SIGNATURE OF DEPARTMENT HEAD TEW:JPH:ck RESPONGREATREEUGEISALES TIMOTHY E. WANAMAKER EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING RECEIVED AND HLED V Page 1 of 1 No. 37 f Request for Greater Refuge Temple Lot Acquisition Please file the attached item for further discussion at the next Common Council session to be held September 18, 2007. Thank you in advance for your assistance with this matter. Brian C. Davis Please let this letter serve as a formal request to give The Greater Refuge Temple of Christ an opportunity to acquire the lots at the following addresses: 1. 650 Genesee Street 2. 652 Genesee Street 3, 660 Genesee Street The Greater Refuge Temple of Christ currently owns 666 Genesee Street and the acquisition of the properties stated above would be a benefit to us. Therefore, I am humbly requesting your assistance. Thanks in advance for your prompt response. If you have any questions or concerns, please do not hesitate to contact me at 886 -199 Bishop Robert L. Sanders, Sr. Senior Pastor REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT DEPARTMENT OF ECONOMIC DEV. PERMIT & INSPECTION AND STRATEGIC PLANNING httn• /Axrxxrxxr nitxr_hltiffnln nrYrrrf"T7 WQc—a M%M /;-1- IAiti11 '7 9 Tea, T V, Ch Z'; f q a 13f I L, r, i Ii L O VAUq Septeynber 14, 2007 The Honoiable Brian Davis Ellicott District council Person Dear Mr. Davis: fleasr' let this Imo v 5f'-rve- A", a formal roqtacst to gi vo The Groatcr'Rofaibeo Tcmvlo' Of Christ an opportunity to acquire the lots at the following addresses: 1 . 650 Genesee Street 2. 652 Genesee Street ♦ 660 Genesee Street The Greater Refuge Temple of Christ currently owns 656 Genesee Street and the acquisition of the properfies stated above would be a benefit to us. Therefore, I ata h bl.r 1— 1 'ance. 'kharib advance fox your'pmmpt response, —Y-116YOut assM in If you have any questions or concerns, please do not hesitate to contact nre At 886 199 sincewl bishop Robert t., Sanders, Sr. Senior Pastor oldwal o2niam dco:co Z-0 i�l Oias # 1 -(Rev. 1/93) SINGLE PAG ECOMiCATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 16, 2007 0 FROM DEPARTMENT: Office of Strategic Planning DIVISION: SUBJECT: [; Contract Award [: 90 Hopkins Remediation PRIOR COUNCIL REFERENCE: (IF ANY) [: Item 289, C.C.P.7 /20/04 Ex. TEXT: (TYPE SINGLE SPACE BELOW) The City of Buffalo has been awarded a State Assistance Contract (SAC) to undertake a remediation at the 90 Hopkins Street property. The SAC permits municipalities to be reimbursed for 90% of the allowable costs of the project. The City is the current owner of the property. Honeywell, Inc, has committed to providing the City of Buffalo's 10% share, .less $30,000, as per their August 9, 2004 agreement with the City (attached). The City has advertised for, received and reviewed bids to undertake the remediation of the 90 Hopkins Street property. The received bids are as follows: • Cambria Contracting Corp. - $6,550,000.00 • Sevensoan Environmental - $7,815,305.00 • Modern Construction Corp. - $6,970,500.00 I respectively request that your Honorable Body authorize that the contract to undertake the remediation of the 90 Hopkins Street property be awarded to Modern. Construction Corp. TYPE DEPARTMENT HEAD NAME: Timothy E. Wanamaker TYPE TITLE: Executive Director, OSP SIGNATURE OF DEPARTMENT HEAD: —X--l" J z s .l. CITY CLE OFFICE CITY HALL po BUFFALO December 19, 2005 '< - To Whom L IL Italy Ltt;11GC11l. - - - - - I hereby Certify, That at a Session of the Common Council of the City of Buffalo, held in the City Half, on the 13th Day of December 2005 The following item was Passed which the following is a true copy NO. 6 ESTABLISHMENT OF SEPARATE ACCOUNT 90 HOPKINS REMEDIATION ITEM NO. 289 C.G,P. 07/20/04 The City of Buffalo has been awarded a State Assistance Contract (SAG) to undertake a remediation at the 90 Hopkins property. The SAC permits municipalities to be reimbursed for 90% of the allowable costs of the project. The City is the current owner of the property, Honeywell, Inc. has committed to providing a portion of the City of Buffalo's 10% share, as per their August 9, 2004 agreement with the City (attached), The Agreement requires the creation of a separate account, dedicated to paying the covered casts of the project. The Agreement also requires that, within 30 days of the execution of the SAC by the City, the. City is to pay $30,000 into the account and Honeywell is to pay $60,000 into the account. I respectively request that your Honorable Body authorize the establishment of a separate "account for payment of the 90 Hopkins remediation project as set forth above and authorize that $30,000 from the City's onvironmenlal remediation bond account #3l82-9-206 be placed in the account to fund the City's portion of the remediation. 3�31vo6 Mr. Coppola moved: That the above cornmunicat'ion f.rom the Office of Strategic Planning, dated November 28, 2005, be received and filed; and That the Common Council authorize the Comptroller to establish a separate account. for payment of the 90 Hopkins remediation project as set forth above and authorize that $30,000 €ram the City's onirrronmentai remediation bond account #38320246 be placed in the account to fund the City's 1010 portion of the remediation.. PASSED AYES - 9 NOES - 0 . ' 1 Attest 4 City Clerk r` THE FOLLOWING RESOLUTION WAS SIGNER BY THE MAYOR QN December 14, 2005 AND RETURNED TO T7x� CITY CLERK'S OFFICE ON December 14, 2005 It . 1 t xev. 1/ ) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: November 28, 2005 �. FROM DEPARTMENT: Office of Strategic Planning / DIVISION: 0 SUBJECT: [: Establishment of Separate Account [ 90 Hopkins Remediation PRIOR COUNCIL REFERENCE: (IF ANY): Ex. (Item No. 289, C.C.P. 07/20/04) TEXT: (TYPE SINGLE SPACE BELOW) The City of Buffalo has been awarded a`State Assistance Contract (SAC) to undertake a remediation at the 90 Hopkins property. The SAC permits municipalities to be reimbursed for 90$ of the allowable costs of the project. The City is the current owner of the property. Honeywell, Inc.; -has committed to providing a portion of the City of Buffalo's 10% share, as per their August 9, 2004 agreement with the City (attached). The Agreement requires the creation of a separate account, dedicated to p aying the covered costs of the project. The Agreement also requires that, within 30 days of the execution of the SAC by the City, the City is to pay $30,000 into the account and Honeywell is to pay $60,000 into the account. I .respectively request that your Honorable Body authorize the establishment of a separate account for payment of the 90 Hopkins remediation project as set forth above and .. authorize that $.30,000 from the City's environmental remediation bond account #38310206 be pi ace ei in the account to fund the City's portion of the remediation. TYPE DEPARTMENT HEAD NAME: TYPE TITLE SIGNATURE OF DEPARTMENT HEAD: Timothy E. Wanamaker Executive Director, OSP Luiixnivii %—uuncl3 rruc;eeaangs - rue "isplay Page 1 of 1 No. 289 By: Mr. Griffin 90 �7f - 12s c� K reasCAf: The City of Buffalo is the owner of real property commonly known as 90 k') pkinsC - A�; k`DandC4 Whereas: A certain quantity of lime is present, on the Property, estimated to be approximately 35,000 cubic yards in volume; and Whereas: Funding is available pursuant to the Nei York State Department of Environmental Conservation's Environmental Restoration Program to reimburse the City of Buffalo for 900 of the costs of conducting an environmental investigation of the site and properly managing and /or removing the lime material from the property; and Whereas: New York Stage Department of Environmental 'Conservation has requested that the City take action with regard to the lime pile to avoid the potential impact of the lime pile on the wetland restoration activities taking place adjacent to this property; and Whereas: In order to fund the costs of remediation, we find it in the City's interest to apply to New York State for a remediation grant pursuant to the Environmental. Restoration Program. This program permits municipalities to be reimbursed for 90. of the costs incurred in undertaking a remediation pursuant to said program; and Whereas: Honeywell., Inc.; has committed to assisting the City by providing a portion of the City of Buffalo's 100 share of these costs pursuant to the terms and conditions of the proposed attached agreement to be entered between the City of Buffalo and Honeywell, dated July 2004; and Whereas: The City of Buffala` finds it desirable and in the public interest to remove the lime pile from the. property and undertake a remedial investigation and feasibility study of that portion of the property underlaying the lime pile; Now, Therefore, Be it Resolved;. That the Mayor is the representative authorized to act in behalf of the Municipality in matters related to State Assistance under ECL Article 56; Title 5. The representative is also authorized to make application, execute the State Assistance Contract, submit project documentation, and otherwise act for the Municipality's governing body in all matters related to the project and to State Assistance; and Now, Therefore, Be It Further Resolved: That the Municipality agrees that it will fund its portion of the cost of the project and that the funds will be available to the project's filed work within twelve months of written approval of it's application by the Department of Environmental Conservation; and Now, Therefore, Be It Further Resolved: That one certified copy of the authorization be prepared and sent to the Albany office of the New York State Department of Environmental.Conservation together with the application for State Assistance; Now, Therefore, Be It Finally Resolved: That this authorization takes effect immediately. PASSED. AYES-9. NOES-0. 1ittp:llltidex0l . el' lbu 'falo.ny.uslExelZyNET.exe104- 0720. doc? ZyActionDI3= ZyDocuniciit &Cliellt... 12/05/2005 Areeexi t q c WEEREAS, the City of Buffalo ( "City" ), a municipal corporatiotl organized pursuant to the laws of the State of New Yorlc, is the owner of certain real property located in the City of o Buffalo, commonly known as go mopkins Street and described in Exhibit A hereto ( "Propeny "); and WHEREAS, a certain quantity of lime is present on the Property, estimated to be approximately 35,000 cubic yards in volume ( "Lime Pile "); and WHEREAS, the Lune Pile is the result of manufacturing operations conducted on the Property by others not a party to this agreement; and WHEREAS, the City desires to utilize the State of New York's avirol)mental Restoration Program, Title S of the Clean Water /Clean Air Bond Act of 1996, as modified by the bond act enbairctnents of 2003 ( "Bond Act ") to defray the cost of properly managing ox disposing of cQlain lime related materials in the Lime Pile C Lime Materials "); aztd W MEREA,S, Dynd ACT assiSlc` nCe if approved for tlje Property, would provide for the reimbursement of 90% of rite City's costs related to the proper managex,lex�t or disposal of the Lithe Materials; and WHEREAS, the City has M.lUested that Honeywell International Inc. ( "I3 oneywe]1 ") (a) assist the City in preparing a Bond Act application; (b) pay for a certain portion of the City's 10% share of costs related to tlje proper xnatxagement or disposal of the Lime Materials; and (c) assist the City with certain hinds necessary to cover cosis related to Lhe proper ]r] anagemenj or disposal of Lime Materials pending re nibuxstment puxsuani to the Bond Aci; and - 1 - 0 'WHEREAS, Honeywell has agreed to Assist the City on the terms set forth below so long as the City executes this Agreement by August 13, 2004, and submits to the New York State Department of Environmental Conservation ( "NYSDEC ") a complete application for $and Act f o assistance ( "Application ") by August 13, 2004. G NOW, THEREFORR, i� CiArr i n -hn fi a " 'or '� con'_a-.on . �� 1v�cgc,3,'g all I for Diner goad ani valuable consideration, the payment, receipt and sufficiency o:fwhich are hereby acknowledged, the City and Honeywell agree as follows, 1• A Iicataon. The City shall prepare, with reasonable technical assistance from Honeywell, a complete Application seeking Bonet Act assistance to properly manage or dispose of the Lime Materials and to prepare the focused PJ/l;S as defiDed in para.g aplt 3, below. The Application will not address the disposal or .Mmagmetlt of any Diller materials or objects in, around, or under the Lame Pile (if ar)y), The Application, including any necessary sigrzattn es, resolutions or other approvals, shall be submitled by the City to the appropnate person designated for receipt of such appli( by August 13, 2404. Honey veh will be ptov'Cled with a complete copy of the Application. The Cis ty shall promptly respond to any questions o .requests for further information froxrl NYSDEC pertaining to the Application. 2. Contract Review lftlre Ciry is provided a State Assistance Contract ( "SAC' ) from NYSDEC, the City shall provide a copy thereof to Honeywell prior to execution by the City. lloneyvrell shall review the scope of work and re)ated terms of the SAC to enst?i•e that it is consistent with the scope of work sett forth in the Application, If Honeyv, in its sole discretion, concludes that the scope of Work itt tlxe SAC is not consistent with the Application, -2- Honeywell will work in good faith with the City and NYSDEC to resolve any such issues. IT —, .A Honeywell, the City and NYSDEC are, notwithstanding their good faith efforts, unable to tf resolve these issues, either Honcywell or the t,ity may te. rninate this Agremlent. C - Financial A ssistaa ce. if the Gity cacecutes a SAC with NYSDEC whereby the =Vr •s provided ri,t14 ;7Ulo °c for Covered Costs (as de below) related t'o The proper management or disposal of the Lime Materials ( c) uding a focused Remedial Investigation and Feasibility Study of the footprint of t1le Lime Pile ("RI/FS"), (collectively "Covered Costs ")), the City and Honeywell will undertake as follows: The City will pay the first $30,000 of its 10% share of tbe, Covered Costs. Honeywcll will pay the remad"17g 10% City shale of Covered Costs. M In addition to the payment discussed in the preceding sentence, Honeywell may provide the City (pursuant to the procedtu in Paragraphs 4-5 below) a scan of money necessary to cover disbursements for Covered Costs due and payable for a particular month peatding xe"smbursement by the State pursuant to the SAC. For purposes of this partgrapb, "necessary to cover disbursements for Covered Costs due and payable for a partictilm month" means that smn of MaDey represea_Ling the difference between the arnotult of Covered Costs due and payable to a contractar(s) for a panlcular Monet and the balance in Lhe Accoam (referenced in Paragraph 4 below) at thnt tile. The City will p,ay the costs of any operations artd maintenance activities pertaining to the Property and required by NYSDEC after completion of the -3- RVFS ( "O&M Costs'), including but not limited to inspections, rcporfiirg end > long -term groundwater monitoring. If the City is not rewired io incur'sucll O&M costs by � YSDEC, the,City shall pay Honeywell 530,000 within 60 gays of receipt of notice thereof:. A r'Oneyweil will not be responsible f6F any othex costs or expenses related to the Property. 4. karate Account The City shall create a separate account ( "Account") which will be dedicated to paying Covered Costs. Honeywell shall review and, if acceptable to Honeywell, approve of the proposed terms and co),ditions of the Account, including the provisions regarding the use of Rmds and the protocol for disbursing funds therefrom. In Lhe event that the proposed terms and conditions of the Account are not acceptable to Ioneywell, the parries shall attempt to negotiate mutually agreeable terrns and condidons..Ifthe parties are, notwithstanding their good fait], efforts, unable to negotiaie mutually agreeable terms and conditions, either panty may terminate this Agreement_ Within, 30 clays Of exec of the SAC by the City, the City shall. pay $30,000 into the Account and Honeywell shall pay 560,000 into the Account. As reimbursement pay rents are received by the City from NYSDEC, all such payments shall be deposited into the Account. So long as the City is not in breach of Agee - ment, Honeywell will, pursuant to paragraph], above, ensure that the halancu in the Account is adequate to pay Covered Costs due aDd payable for that par l "lar znontli. Once all Covered Costs ve paid and reimburserntnts for such costs -4- pursuant to the SAC are deposited in. the Accoum, all Fends remaining in the Accoum sl??11 bo l returned to Honeywell within 30 d�k s. 5. Rp- lmbursern.ent proci sssing The City shall, consistem with the SAC and Regulations, submit complete vouchers or other documentation necessary for r6rnb1)1S=ent of Covered Costs to the appropriate person designated for receipt thereof as required by the S AC within 14 days of receipt. if the City fails to submit the necessary vouchers or other documentation as required by the SAC within the time period set forth above, Honeywell will not be required to maintain a balance in the Account pursuant to paragraplas 3 and 4, above until such time as all vouchers and other documemat on have been stibrnittcd as required by the SAC_ All fiends reimbursed by NYSDIiC pursuant to The SAC will be immediately deposited into the Account upon receipt by the City. To the extant any Covered Costs are not reimbursed pursuant to the SAC, Honeywell shall receive credit for any such amoen.ts paid and not reimbursed, and any future payments by Honeywell imo the Account shall be reduced by like amount. Funlaerxnore, the City shall reimburse Honeywell for any Covered Costs paid by Honeywell and not reimbursed by 1YSDEC. 6. No Responsible P aM Status. The City and Hone- cell agree that Honeywell is not a responsible party with respect tea the Property. By entering into this Agretmem, Honeywell is not assuming any liability widi x espect to the Propc,l ty. Honeywell is not, and will not became, an owner or operator thereof l ilce wise, HotacywGll leas no rights regardir,.g or responsibilities for the management ar disposal of the Lime Materials or any other materials or objects in, or around or wider the Lime file. Decisions regarding how to manage or dispose of O -5- the Lime Materials inciDd1inR 11?e of a ff cihty fox disposal, shall be made solely by rbe City, Honeywell's sole obligation tmder this Agreement is to assist the City in paying a portion of the Covered Costs incitzred by the City pursuant to the SAC. Honeywell has no security 0 interest in the Property and will play no role iri the management, oversight or supervision of work performed pursuant to the SAC. 7. Authority The persons executing this Agreement repxeserat and warrant that they have the necessary authority to enter into said Agreement and bind their party hereto. S. Waivers No delay or ornission by any party hereto in exercising any right or power accruing upon the non- compliance or failure of performance by any other parry under the PI of this Agre.enaent shall iaripair any such right or power or be consuued to be a waiver thereof A waiver by any parry hereto of any of the covenants, conditions or agreements hereof to be perforrned by another party shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, c,6ndition or ag;roemcrzt herein contained. 9. Remedies Cmnulative. All rights, privileges and remedies afforded the parties by this Agreement shall be deemed cumulative and the exercise of one of such remedies steal l not be d e ern e d to be a. waiver of any other ri ght, remedy or privilege provided for herein. 10. Modifications Any alteration, change or modification hereof, in order io bccome effective, shall be made by written instiu.mem or endorsed hereon and, in each such instance, executed on behalf of each party. 11. Applicable Law This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York,. -6- 12. Pa rtial lrn yaldty . if any provision of this Agreement or the application thereof to , any party ar circumstance shall, to zny extent, be invalid or unenforceable, €h(-, remaEinder of this Ab eemmt shall not be affected thereby and eachprovision of this Agreement: shall be valid and Q c.nforceable to the fullest extent permitted by law. 13. Notices (a) Every notice, deznat or consent or other doc=eat ox inst`rtiment required or desired to be given. to (Hthe:r of the parties hereto shall be in writing and shall be d eemed to have, been given if delivered by overnight courier (with evidence of receipt) or mailed by registered or certified Ignited States mail, postage prepaid, return reoeipt requested, addressed to the respective parties at the addresses stated below: If to t1le City: With a copy to: If to Honeyvtfell: with a copy to: (b) Any parry may change the place or person for the giving of77C7tices upon it by giving not less than tern days' prior notice informing the other parties of the change in the address or person to which notices shall be sent. A notice given by .nail shall be &,cored given three business days following the day on tivluch such notice is deposited in the United States mail as aforesaid. 14. Successors and As si g ns. This Agreement shall be binding upon and shall inuxe to the benefit of the respective sacc €:ssors and assigns of the parties hereto. -7- is. Assignment This Agreement nnay nail be assigned - without tine Writter} consc-Tnt of the parties. Y 16. !�t:rtheT Acts Each parry covenants and ag, ees that it will at any time and Rom time to time do, exccute, acknowledge ,md de)ivcr or will cause to be done, exccuted, acknnwli:oiged and c3 -all such 4� hc j acts, uut"u 1E� "1t5 x:1.1 1SlsullrllerlT$ as ]TJay SL'3SDT]c1bly be required by the other parry in order to carry out fully and e&ctuate the promises and covenants herein. provided. 17. 1�a Third P I3en� Sciaries . 7 11is Agreement is only for the bettcht of the pariies. It is not intended to benefit any other persons and no third party may rely an it. 1 S. Counte This Agreement may be signed in several counterparts, each of which shall be deemed an original, and all such counterparts shall constitute one and The same irnstmtrnenfi. Aly counterpart t© Which is attached the signatures Of, l parties shall constitutc an original of this Agreement; Agreed to this day Of July , 2004. City of.Buffalo B Its: Date: Ho aal, 7})c. By: DPF /pjs BTLO bcc. N lqu3't89.} Witness �1115S M x, t 1.5. the parties. 16. Assignment This Agreement may Dot be assigned wiffinlit lbe w6tten consc -"11_ of � i Further Bets Each party covenants and agrecs that it will at any tinge and from p time to time do, execute, acknowledge and deliver or will cause to be done, executed, acknowledged and delivered all such frWLhcr acts, documents and instruments as - may reasonably be required by the other party in order to carry out fully and effectuate the promises and covenants herein provided. 17. No Third. PKty Be neficiaries . This Agreement is only for the benefit of the parties. It is not intended to beiieht any other persons and no third party may rely on it. 18. Counterparts This Agreement may be signed in several counterparts, each of which shall be deemed an original, and all such counterparts shall constitute one and the same instrument. Any counterpart to which is attached the signatures of all parties shall constitute an original of this Agreement. r W Agnrq�dthis day of July ; 2004. City of Buffalo Witness y .� By s Ana l� { . } as i� ft S: [ Xccyi ii r� 41r?LI[F�'''G U1- S��Art c C ((�1r,i rN{ Date:5�� Honeywell International, Inc. Witness� Its Date: - DPF /pj,s 13FLO Doc. # 1403489.1 ,...A Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated October 16, 2007, be received and filed; and .. That the Executive Director of Strategic Planning be, and he hereby is authorized to award a contract for 90 Hopkins Remediation, to Modern Construction Corp., the lowest responsible bidder, in the amount of $6,970,500.00. Passed. TAB:rniv tAwpGflunsword\ )v\5clp- l6a.doc 000 # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 4, 2007 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Land Use Planning SUBJECT: SEAR Lead Agency Designation Century City Lofts, 501 -515 Main Street PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: (TYPE SINGLE SPACE BELDW� Signature Development Company proposes to redevelop the buildings at 501 -515 Main Street to include 28 new apartments, commercial space and the construction of a three story parking ramp located at the rear of the properties on Washington Street. The proposed project also includes the renovation of 500 and 510 Washington Street as a stand -alone development comprising new apartments and commercial space. Prior to the implementation of the above - referenced action, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. The project, as defined under SEQR, is an "Unlisted Action" for which the completion of a coordinated environmental assessment is recommended by the City of Buffalo Planning Board. As per Section 617.6 of the regulations, an agency responsible for determining the effect of the project on the environment must be designated from the involved agencies within 30 calendar days of this communication. It is proposed that The City Planning Board act as the Lead Agency for this action. If the Common Council has no objection to the Planning Board acting as Lead Agency, please inform my office within the 30 day period. The project Environmental Assessment Form is enclosed for your review. DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: ADOP PART 1 - PROJECT INFORMATION Prepared by Project' Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have 11 significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. if information requiring such additional work is unavailable, so indicate and specify each instance. 504 -5'15 Main Street and 500 & 510 Washington Street, Buffalo, NY Erie Co q susiNESS T�LEP NAME. OF APPLICANT/SPONSOR 746 842-1938 Signature Development 489 Ellicott Street Buffalo same STATE NY _ 14203 1jr-Ot mir t tIJN WF - nv ­_ The project involves various re rec onstructio n and new co nstruction initiatives as follows: • Two extant structures, the "Stuart & Benson Building" at 501 Main Street and the "Royal Beauty wilding" at 515 Main Street will be renovated, with their street level storefronts restored and their commercial spaces upgraded for new tenants. The upper two floors of both buildings will be reconstructed into new apartments. • The "J.P. Fashions Building' at 505 -509 Main Street was once two, 3 -story structures; only the first floor remains, with the demising wall between the two buildings removed in the early 1960's. The street level storefront will 6e restored and the commercial space upgraded for a new tenant. New construction will replace the upper two floors and contain additional apartments. + The Century Theater lobby was once located at 513 Main Street, connecting back to the theater house which occupied the southwest corner of Washington and East Mohawk Streets. A surface parking lot now sits where the theater house was and the lobby site is a vacant parcel. This project proposes a new 3 -story structure to infiil the vacant parcel on Main Street, housing commercial space on the street level and apartments on the upper two floors The former theater house site will 6e developed with structured parking, a three or four level ramp providing parking for the apartment tenants and replacing the public parking currently accommodated by the surface lot. • The upper two floors of all four development parcels will be interconnected with common corridors serving 28 total apartment units; the corridors terminate at either end with new code - compliant egress stairs The existing elevator in the Stuart and Benson Building will be retrofitted with new equipment to connect a new, secure grade level pedestrian entrance off the rear alley to both floors of apartments. • In addition to the development of the Main Street properties, the project will also renovate 5(30 and 510 Washington Street as stand -alone developments. Both buildings will have their street level storefronts restored and their commercial spaces upgraded for new tenants. The second floor of 500 Washington will be commercial space; the upper six floors of 510 Washington will be reconstructed into new apartments Please Complete Each Question - Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. Residential suburban F] Rural (non farm) 1. Present land use: Urban El industrial 0 Commercial El Q Forest []Agriculture E] Other 13 2. Total acreage of project area. 0.78 acres PRESENTLY AFTER COMPLETION APPROXIMATE ACREAGE 0 acres 0 acres Meadow or Brushland (non - agricultural) 0 acres d acres Forested Agricultural (Includes orchards, cropland, pasture, etc.) 0 _ acres 0 0 acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 0 acres 0 acres Unvegetated (Rock, earth or fill) 0 0 acres acres 0.78 acres Roads, buildings and other paved surfaces k 0 acres 0 0 acres Landscaped 1 Lawn Other (Indicate type) p 3. What is predominant soil type(s) on project site? Urban land Moderately well drained of site a. Sol[ drainage: ® Well drained _,% of site _% ❑ Poorly drained 100% of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? NIA acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑ Yes ® No a. What is depth to bedrock? >5 (in feet) 5. Approximate percentage of proposed project site with slopes: 00-10%100% ❑ 10 -15% % ❑ 15% or greater _% (detention swale) 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ® Yes [I No Proposed designation as historic district 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑ Yes ® No 8. What is the depth of the water table? >3 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑ Yes ® No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? C] Yes ® No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes ® No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, or other geological formations) ❑ Yes ® No Describe 13 Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑ Yes ® No If yes, explain 14 Does the present site included scenic views known to be important to the community? ❑ Yes ® No 15. Streams within or contiguous to project area: NIA a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: b Size (in acres) a. Name NIA 17. Is the site served by existing public utilities? Yes ❑ No a) If Yes, does sufficient capacity exist to allow connection Yes © No b) If Yes, will improvements be necessary to allow connection? 0 Yes ❑ No On -Site private improvements 18. Is the site located in an agricultural district certified pursuant to Agricultural and Markets Law, Article 25 -AA, Section 303 and 304? ❑ Yes 0 No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑ Yes 0 No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑ Yes ® No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 0.78 acres. b. Project acreage to be developed: 0.78 acres initially; 178 acres ultimately. c. Project acreage to remain undeveloped 0 acres. d. Length of project, in miles: NIA (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed 0 %. f. Number of off - street parking spaces existing 80 +1 - ; proposed 104 total g. Maximum vehicular trips generated per hour 30 +1- (upon completion of project)? h. If residential; Number and type of housing units: Famik Multiple Family Condominium One Family y 0 Initially _ Ultimately 28 a artments I. dimensions (in feet) of largest proposed structure 30' height; 105' width; 190' length. (parking structure) j. Linear feet of frontage along a public thoroughfare project will occupy is? 1140 ft. Main St, /190 ft Washington 2. How much naiural Tnaterial (i.e., rock, earth:, etc.) will be. removed from the site? 5.17'2 cubic yards (park'g excavat'n) 3. Will disturbed areas be reclaimed? 0 Yes ❑ No ❑ NIA a. if yes, for what intended purpose is the site being reclaimed? Parking structure b. Will topsoil be stockpiled for reclamation? ❑ Yes ® No c. Will upper subsoil be stockpiled for reclamation? ❑ Yes ® No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally- important vegetation be removed by this project: ❑ Yes 0 No 6. If single phase project: Anticipated period of construction 12 months; (including demolition). 7. If multi - phased: N/A a. Total number of phases anticipated _ (number). b. Anticipated date of commencement phase month _year, (including demolition). C. Approximate completion date of final phase _ month year. d. Is phase 1 functionally dependent on subsequent phases? ❑ Yes ® No B. Will blasting occur during construction? ❑ Yes 0 No 9. Number of jogs generated: during construction 100 +1 - ; after project is complete 15 +1 - . 10. Number of jobs eliminated by this project 0. 11. Will project require relocation of any projects or facilities? ❑ Yes ® No If yes,expiain 12. Is surface liquid waste disposal involved? 0 Yes ❑ No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount - b. Name of water body into which effluent will be discharged Lake Erie via Erie County Sewer 13. Is subsurface liquid waste disposal involved? ❑ Yes 0 No Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑ Yes ® No Explain 15. is project or any portion of project located in a 100 year flood plain? ❑ Yes ®No 16. Will the project generate solid waste? 0 Yes ❑ No a. If yes, what is the amount per month 1 +1_ tons b. If yes, will an existing solid waste facility be used? ❑ Yes ❑ No unknown c. If yes, give name _N_YSDEC approved facilit location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Yes 0 No e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑ Yes ® No a. if yes, what is the anticipated rate of disposal? tons /month. b. if yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ❑ Yes ® No 19. Will project routinely produce odors (more than one hour per day)? ❑ Yes No 20. Will project produce operating noise exceeding the local ambient noise levels? [:]yes ® No 21. Will project result in an increase in energy use? Yes [] No If yes, indicate type(s) Electric, as 22. If water supply is from wells, indicate pumping capacity NIA gallonstminute 23. Total anticipated water usage per day XXX +/- gallons /day. qj�D 24. Does project involve Local, State, or Federal Funding? 0 Yes ❑ No If yes, explain New market and historic preservation tax credit p -o grams R C. Zoning and Planning Information No 1. Does proposed action involve a planning or zoning decision? ❑ Yes if Yes, indicate decision required: subdivision site plan I] zoning amendment ❑ zoning variance El spa cial use permit ❑ ❑ new /revision of master plan ❑ resource management plan ❑ other 2. What is the zoning ciassification(s) of the site? 3. What is the maximum potential developme of covera s ite e and developed reens p er zonin code proposed zoning? Min. setbacks, arkin , buildin he! ht, l 4. What is the proposed zoning of the site? 111 1A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? NIA 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ® Yes [] No 7. What are the predominant land use(s) and zoning classifications within a' /+ mile radius of proposed action? 8. Is the proposed action compatible with adjoining /surrounding land uses within a'/ mile? Yes ❑ No 9, If the proposed action is the subdivision of land, how many lots are proposed? NIA a. What is the minimum lot size proposed? 10. Will proposed action require any authorizatton(s) for the formation of sewer or water dis k�ac� ts educa ❑ polic ®i fire 11. Will the proposed action create a demand for any community provided services (recreation, protection)? Yes a. If yes, is existing capacity sufficient to handle protected demand? Yes resen 12. Will the proposed action re adequate t traffic to handle the additional tr c? t levels? Yes Y b. if yes, is the existing road network D. Informational Details 0 r roject. If there are or may be any Attach any additional information as a d iscu s s be neede to clar and the measures which you pr pose to ad verse gate or impacts associated with your proposal, pleas avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Date 9125107 Applicant/Sponsor Name Si nature Devela meet• Title OwnerlDevelo er Signature If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 6 f 25. Approvals Required: Type Submittal Date 9/2612007 City Common Council Yes ® Yes ❑ N° ❑ No Cit -wide Site Plan 912512007 City Planning Board ❑ Yes ® No City, Town Zoning Board City, County Health Department ❑ Yes No Other Local Agencies ❑ Yes Y ® No No ❑❑ t Buildin De artment Permit TBD Other Regional Agencies ® Yes No NYSHPO State Agencies .❑Y No Federal Agencies C. Zoning and Planning Information No 1. Does proposed action involve a planning or zoning decision? ❑ Yes if Yes, indicate decision required: subdivision site plan I] zoning amendment ❑ zoning variance El spa cial use permit ❑ ❑ new /revision of master plan ❑ resource management plan ❑ other 2. What is the zoning ciassification(s) of the site? 3. What is the maximum potential developme of covera s ite e and developed reens p er zonin code proposed zoning? Min. setbacks, arkin , buildin he! ht, l 4. What is the proposed zoning of the site? 111 1A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? NIA 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ® Yes [] No 7. What are the predominant land use(s) and zoning classifications within a' /+ mile radius of proposed action? 8. Is the proposed action compatible with adjoining /surrounding land uses within a'/ mile? Yes ❑ No 9, If the proposed action is the subdivision of land, how many lots are proposed? NIA a. What is the minimum lot size proposed? 10. Will proposed action require any authorizatton(s) for the formation of sewer or water dis k�ac� ts educa ❑ polic ®i fire 11. Will the proposed action create a demand for any community provided services (recreation, protection)? Yes a. If yes, is existing capacity sufficient to handle protected demand? Yes resen 12. Will the proposed action re adequate t traffic to handle the additional tr c? t levels? Yes Y b. if yes, is the existing road network D. Informational Details 0 r roject. If there are or may be any Attach any additional information as a d iscu s s be neede to clar and the measures which you pr pose to ad verse gate or impacts associated with your proposal, pleas avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Date 9125107 Applicant/Sponsor Name Si nature Devela meet• Title OwnerlDevelo er Signature If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 6 14 FROM THE COMPTROLLER Oct 16, 2007 000 TO: THE COMMON COUNCIL FROM: THE DEPARTMENT OF AUDIT & CONTROL DATE: October 11, 2007 SUBJECT: Travel Expense Guidelines Attached please find revised Out-of-Town Travel Expense Guidelines. The revision brings reimbursement rates up to current 2007 standards as recognized by the United States General Services Administration. The guidelines are not intended to be the sole arbiter of approved travel. Each Travel Expense Summary voucher should be reviewed and approved on an individual basis by the approving authority. The Mayor will approve travel within the Executive Branch. Similarly travel by City Clerk /Council employees will be approved by the Council President, and employees of the Department of Audit and Control by the Comptroller. While the City of Buffalo is growing fiscally stronger every day, it is still expected that everyone use their best discretion when authorizing travel. A new feature of these guidelines is to restrict vendor sponsored travel for City employees. If an employee needs to travel for City business, that expense should be borne by the City. As a general policy, that standard should help avoid any appearance of impropriety that can arise with business related travel. If you have any questions, please feel to contact this office. DEPARTMENT HEAD TITLE: SIGNATURE: Andrew A. SanFilippo i { ON NAW"AL r CITY OF BUFFALO EMPLOYEE OUT-OF-TOWN TRAVEL EXPENSE GUIDELINES GENERAL: These guidelines have been developed to allow employees to be reimbursed for necessary and reasonable expenses while traveling out of town on authorized "City Business." Out of town travel is defined as a trip lasting more than three hours and where the destination is more than 50 miles beyond the City limits. City Business, in this context, is defined as activity directly related to one's duties as a City employee and for which the associated travel. and related expenses are necessary in furtherance of such duties as approved by the appropriate authority. Before an employee from the Executive branch travels out of town on City Business, he/she should receive written approval from the Mayor's office to travel. The Comptroller must approve employees of the Department of Audit & Control, and Common Council /City Clerk employees must be approved by the Council President. A "Travel Expense Summary" voucher (copy attached) along with the Mayor's "Approval for Travel" form (copy attached) must be submitted to the Division of Audit within five business days of the completion of travel. All claims for reimbursement for travel expense must be accompanied by original receipts except for: Public transportation (bus, subway, etc.) Pay telephone charges not included on hotel bill or charged to a credit card Tips not included on bill The City of Buffalo does not normally "advance" funds of travel. However, the City will directly prepay registration/tuition fees and commercial carrier transportation fees on separate vouchers where appropriate. The City of Buffalo does not reimburse for the costs of: Travel insurance Alcoholic beverages Laundry, valet and other personal services Individuals not authorized to travel TRANSPORTATION: Travelers should use the most economical and efficient transportation available under the given circumstances. Commercial Carrier The traveler is obligated to plan his /her trip in advance whenever possible to benefit from available discounts. Reimbursement for travel in a commercial aircraft, bus or train shall be at tourist class rates. City Vehicle Reimbursement shall be for actual fuel, tolls and parking. Private Vehicle Reimbursement shall be for actual fuel, tolls and parking. Rental Vehicle Reimbursement shall be at the rate for compact or economy vehicles. No reimbursement shall be made unless approval for such rental was obtained in advance from the Department of Audit & Control. Optional insurance is not reimbursable. LODGING: The employee should stay at a hotel /motel which provides a government rate whenever possible and practicable. If not available, the employee should stay in a moderately- priced hotel /motel. The employee should use the City's "Sales Tax Exemption Certificate" (copy attached) when paying hotel /motel costs within New York State. If a room is shared with someone not on "City Business," reimbursement will be limited to the standard single occupancy rate (unless only double occupancy rates are available). MEALS: Meal reimbursement will be used based on receipts up to a maximum of $54 per day. This allowance will be reduced proportionately where the meal is included in the fee for the conference /seminar attended by the employee and /or when the employee is traveling for only part of the day. The reduction shall be as follows: Breakfast $10 Lunch $15 Dinner $26 Please note: meals should be itemized on the Travel Expense Summary voucher. For some cities there may be a higher cost of living. The Federal Government General Services Administration (GSA) publishes an authorized list of cities throughout the United States. This can be used in lieu of actual expenses for various locations, some of which include New York City or Boston as an example. The Comptroller's Office will make available these rates upon request. REGISTRATION AND TUITION FEES: A copy of the function brochure and registration form must be submitted with the Travel Expense Summary voucher. TELEPIIONE/FAX CHARGES: The employee should record all "City Business" telephone /fax charges on the back of the Travel Expense Summary voucher. This includes City Business calls made on the employee's personal mobile phone. Telephone calls made to the traveler's residence may be an allowable expenditure under appropriate circumstances. VENDOR SPONSORED TRAVEL: An outside vendor is not expected to pay for, nor should an employee accept, travel expenses for City Business. If travel is necessary to evaluate the service or product offered by a particular vendor, the cost should be borne by the City with the approval of the appropriate authority. Employees are recommended to consult the City's Code of Ethics and/or the Corporation Counsel upon any instance of being offered travel assistance. MISCELLANEOUS AND UNEXPECTED EXPENSES: These guidelines cannot anticipate all situations that may arise. Insofar as it is reasonable, any special circumstances for which no provision is otherwise made herein must be specifically identified and fully explained when the voucher is submitted. 16 FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION Oct 16, 2007 � �.� SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: f: October 11, 2007 FROM: DEPARTMENT: [: Assessment & Taxation SUBJECT: [: Board of Assessment Review [: Appointment, Permanent Member PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx/xx/xx� The appointment to the Board of Assessment Review of Coralia Hetzner, 67 Lancaster, Buffalo, New York 14222 expired on September 30, 2007. Ms. Hetzner was appointed to complete the unexpired term of Robert Zielinski. By state provision, a Board of Assessment Review member whose term has expired may not participate in board actions and may not be considered for purposes of determining a quorum. Any new or re- appointed member must receive training from the Erie County Director of Real Property Services and be certified to New York State before assuming the duties of a board member. Therefore, I am respectfully requesting the Common Council reappoint Ms. Hetzner to an additional five (5) year term as soon as possible so that the required State training can occur before commencement of hearings. SIGNATURE DEPARTMENT HEAD NAME DEPARTMENT HEAD TITLE Martin F. Kennedy Commissioner, Assessment & Taxation REFERRED TO THE COMMITTEE ON LEGISLATION. DIVISION OF COLLECTIONS SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO THE COMMON COUNCIL: DATE: [: October 11, 2007 FROM: DEPARTMENT: [: Assessment & Taxation SUBJECT: [: Board of Assessment Review [: Appointment, Temporary Members C� PRIOR COUNCIL REFERENCE: (IF ANY) [ Ex. Item No. xxx C.C.P. xx/xx/xx I am respectfully requesting Common Council action to re- appoint as temporary members to the Board of Assessment Review (BAR) the individuals listed below who served last year as temporary BAR members. They will serve approximately twenty days as needed during the time period of January 2008 to mid - February 2008. The Department of Assessment & Taxation is preparing contingencies should it prove to be necessary to supplement the existing permanent board for the upcoming assessment challenge period. These two (2) temporary boardmembers working in conjunction with the five permanent members will allow this office to establish two mini - boards, if needed. Last year we needed to use all five (5) permanent and the temporary members to guarantee daily quorums due to member absences and the volume of challenges. Having temporary members appointed, trained and available for service assured the smooth function of the review process. Therefore I am recommending Common Council approval of the following individuals to serve a one (1) year term as temporary BAR members: Otis Cowart, 104 Ivy Street, Buffalo, New York 14211 Warren Glover, 17 Newport Avenue, Buffalo, New York 14216 SIGNATURE DEPARTMENT HEAD NAME: Martin F. Kennedy DEPARTMENT HEAD TITLE: Commissioner, Assessment & Taxation REFERRED TO THE COMMITTEE ON LEGISLA DIVISION OF COLLECTIONS ? i, 3 , 000010 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT [: October 11, 2007 SUBJECT: Assessment & Taxation [: Board of Assessment Review [: Appointment, Additional [: Temporary Members PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. item No. xxx C.C.P. xxlxxlxx I am respectfully requesting Common Council action to identify and appoint two (2) more individuals to serve as temporary members to the Board of Assessment Review (BAR). Temporary members will serve approximately twenty days as needed during the time period of January 2008 to raid- February 2008. The Department of Assessment & Taxation is preparing contingencies should it prove to be necessary to supplement the existing permanent and temporary board members for the upcoming assessment challenge period. This office has already requested in separate communications that your Honorable Body re- appoint Coralia Hetzner to a permanent position and appoint Otis Cowart and Warren Glover to temporary appointments but we are herein requesting two (2) additional individuals be appointed to temporary one year positions. Last year's grievance experience demonstrated that having five (5) permanent members and two (2) temporary members boardmembers was insufficient to satisfactorily service the public. The BAR chairman and membership recommended to this office and I fully agree that the number of temporary members be expanded to allow for multiple mini - boards to allow greater flexibility in the scheduling of hearings. This office will need to have the membership roster finalized in time for BAR members to attend the State required training and be available for service by the end of December 2007 in order to assure the smooth function of the review process. Therefore I am respectfully requesting the Common Council identify and appoint two (2) individuals to serve a one (1) year appointment as temporary BAR members. Any appointee to these positions should have a knowledge of the real estate market and values and be of the highest ethical background in order to assure the public that they will receive an informed yet impartial review of their challenge and to avoid any appearance of impropriety by the BAR. SIGNATURE DEPARTMENT HEAD NAME: DEPARTMENT HEAD TITLE: REFERRED TO THE COMMITTEE ON LEGISLATION,, Martin F. Kennedy Commissioner, Assessment & Taxation AA0 00.1 COMMUNICATION TO THE COMMON COUNCIL DATE: October L2, 2007 FROM: THE DEPARTMENT OF ASSESSMENT & TAXATION SUBJECT: BRACO - I Request for Refund of Excess Real Property Taxes for the 2006- 2007 Tax Year On November 30, 1977, an Agreement was executed by the City of Buffalo and the BUFFALO REHABILITATION ACTION COMPANY, (BRACO -I), a limited partnership, duly organized and existing; pursuant to the provisions of Article V of the Private Housing Finance Law of the State of New York. By the terms of said Agreement, BRACO -I's real property tax liability was limited as to certain parcels of real property in the City of Buffalo pursuant to and in accordance with Section 236 of the National Mousing Act of 1968 and Article V of the Private Mousing Finance Law. Specifically, in accordance with Federal Housing Administration requirements, the Agreement imposes a real property tax ceiling in the amount of Forty Five Thousand Five Hundred Ninety -Nine Dollars ($45,599.00) on City and County 'faxes for the real property identified therein. Said Agreement further provides that said real property shall be exempt from any further similar tax for a period of forty (40) years, beginning; December 30, 1976, Your Honorable Body passed a resolution approving said Agreement and authorizing the tax relief provided therein on February 6, 1973. Consequently, if in any one fiscal year the combined City and County real property tax liability exceeds Forty Five "Thousand Five hundred Ninety -Nine Dollars ($45,599.00), BRACO- I is entitled to a refund of the excess taxes paid above and beyond said ceiling amount. The refund is apportioned between the City of Buffalo and the County of Erie, and is based upon the tax rates prevailing at the time. The parcels subject to the Agreement are as follows: 210 Allen, 359 Busti, 346 Franklin, 352 Franklin, 74 Grant, 922 Main, 279 Niagara, 231 West, and 87 Whitney. The application before your Honorable Body pertains to the 2006 -2007 tax year and is broken down as follows: 2006 -2007 City of Buffalo Real Property Tax: 2007 Erie County Real Property Tax: Total Tax Paid (City & County): Less Combined Ceiling as per Agreement: Amount of Overpayment to City & County: Page 1 of 2 $ 42,428.54 $ 6,000.26 $ 48,428.80 ($ 45,599.00) $ 2829.80 Portion to be refunded by the City of Buffalo (88% of Total Overpayment Amount): $ 2490.22 I respectfully request that your Honorable Body authorize the Comptroller to issue a property tax refund to BRACO -I in the amount of Two Thousand Four 11undred Ninety Dollars and Twenty -Two Cents ($2490.22). Said amount is the City's portion of the excess real property taxes paid on the real property listed herein for the 2006 -2007 tax year. DEPARTMENT HEAD NAME: MARTIN F. KENNEDY TITLE: COMMISSIONER SIGNATURE OF DEPARTMENT HEAD: Page 2 of 2 Mr. Bonifacio moved: That the communication froin the Commissioner of Assessment and Taxation, dated October 12, 2007, be received and filed; and That the Comptroller be, and he hereby is authorized to issue a property tax refund to 1BRACO -1 in the amount of two thousand four hundred ninety dollars and twenty -two cents ($2,90.22) the amount is the City's portion of the excess real property taxes paid on the real property listed herein for the 200E -07 tax year. Passed. l0A TAB.rmv T:1wp60 \nswordlrmv110ac 10- 16a.doc P" Ike I 6w I 19 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS Oct t6, 2007 J1 - mm #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 25, 2007 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: Notification Serial #10174 [: Repeal Alternate Parking - 'Type I [: Park Street [: between Virginia Street [; and Allen Street [: ( Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. ( Item No. 142, C.C.P,09/04/07 NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Park Street, west side between Virginia Street and Allen Street Park Street, east side between Virginia Sheet and Allen Street ]'his action is being taken at the request of the District Councilmernber. G'. S SJS /PG /MGM /RWS TYPE DEPARTMENT HEAD NAME: Paul Gareis, P.E. TYPE TITLE: Acting City Engineer PROHIBITED PERIOD 4:00 p.m. Wednesday to 4:00 p.m. Sunday 4:00 p.m. Sunday to 4:00 p.m. Wednesday SIG OF DEPARTMENT MEAD: (P.,k V.,giei., Al7en1(cPra3J ,I D7E� 91 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 25, 2007 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial 910175 [: Install Alternate Parking -Type IIK {: Park Street between [: Virginia Street and Allen Street f: ( Ellicott District) PRIOR_ COUNCIL REFERENCE: (IF ANY) Ex. (Ite No. 1 C.C..P. 09/04/07 NO PARKING (ALTERNATE - TYPE 1) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing; provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Park Street, west side between Virginia Street and Allen Street PROHIBITED PERIOD 6:00 p.m. Monday to 6:00 p.m. Thursday Park Street, east side between Virginia Street and Allen. Street This action is being taken at the request of the District Councilmember. SJS /PG /MGM /RWS 6:00 p.m. Thursday to 6:00 p.m. Monday TYPE DEPAR'T'MENT HEAD NAME: Paul Gareis, P.E. TYPE TITLE: Acting City Engineer SIG NATURE OF DEPARTMENT HEAD (PackVirgs iM11c h1sta4) 91 (Rev. 1/93) SIN PAGE COMMUNICATION TO ` HE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 25, 2007 PROM: D.EPAR`.I'MENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial 410176 (: Repeal Alternate Parking - 'Type I (: Park Street [: between Allen Street (: and North Street (: ( Ellicott District) PRIOR COUNCIL REFERENCE: (Il~ ANY) [: Ex. ( Item No. 142, C.C.P. 09/04/07 NO PARKING (ALTERNATE - TYPE I) - REPEAL In confornuty with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Park Street, east side between Allen Street and North Street Park Street, west side between Allen Street and North Street This action is being taken at the request of the District Councilmember. 0 5 -' S.IS /PG /MGMIRWS TYPE DEPARTMENT HEAD NAME: Paul Gareis, P.E. TYPE TITLE: Acting City Engineer PROHIBITED PERIOD 4:00 p.m. Wednesday to 4:00 p.m. Sunday 4:00 p.m. Sunday to 4:00 p.m, Wednesday SIGNATURE OF DEPARTMENT HEAD: (ParkAlleiNoTthRepeal) Ill (Rev. 1/93) SINGLE PAGE, COMMUNICATION TO THE COMMON COUNCIL, TO: THE COMMON COUNCIL DATE: September 25, 2007 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT:: Notification Serial i#101.77 [: Install Alternate Parking -Type IIK [: Park Street between [: Allen Street and North Street f: ( Ellicott District) PRIOR COUNCIL REFERENCE. (II' ANY) [: Ex. ( Item No, 142, C,C.P. 09/04/07 NO PARKING (ALTERNATE - TYPE I) - INSTALL ii In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Park Street, west side between Allen Street and North Street PROHIBITED PERIOD 6:00 p.m. Monday to 6:00 p.m. Thursday Park Street, east side between Allen Street and North Street This action is being taken at the request of the District Councihnember. SJS /PG /MGM/RWS 6:00 p.m. Thursday to 6:00 p.m. Monday TYPE DEPARTMENT HEAD NAME: Paul Garcis, P.E. TYPE TITLE: Acting City Engineer SKrNATURE OF DEPARTMENT HEAD: (N,kAl l,nNwb In seal l) RECEIVED AND FILED WIAVE t DAYS ##I (Rev. 1/93) SINGLE RAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 10, 2007 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: Booth Alley; [: Blockage of City [: right of way [: (Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) ( Item No. !'C.C.P. IC /02 /07 The Department of Public Works, Parks and Streets has reviewed the Booth Alley right of way issue concerning the blockage of the area. The review found cars parked in adjacent lot have blocked the right of way. This obstruction has blocked access to Booth Alley. A review of our records indicate that Booth Alley is a public street and no permissions or permits have been granted by this department for any other use. SJS:PJG:TJD:jaz TYPE DEPARTMENT HEAD NAME TYPE TITLE SIGNATURE OF DEPARTMENT HEAD REFERRED TO THE COMMITTEE ON LEGISLATION. Steven J. Stepniak Acting Commissioner of Public Works, Parks and Streets 0000.4 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 1, 2007 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Commissioner's Office SUBJECT: Cable TV Franchise Status Your Honorable Body requested an update of the status of discussions with Time Warner Cable for cable franchise renewal, and with Verizon for a new franchise. The Office of Telecommunications and the Law Department have reviewed the City's Needs Assessment, which served as the basis for the City's franchise proposal. The Law Department recommended that, since the Needs Assessment was completed in 2005, there should be an effort to update it. It was agreed that, now that Time Warner has been serving the City of Buffalo for over a year, we should review its performance over that period of time and incorporate that and any other new developments into the Needs Assessment. We are currently working on such an update, and have informed Time Warner officials that we would like to complete that before proceeding with negotiations. However, the updating of the Needs Assessment should not require a significant amount of time to complete. We have been talking informally to Verizon officials regarding their fiber upgrade and the possibility of the company seeking a cable TV franchise, and have encouraged them to do so. Verizon recently stated its intentions to establish a video hub in Erie County and provide cable TV service in the area beginning late next year. However, to this point we have not yet received a franchise application from Verizon. REFERRED TO THRE C (A LEI( it 010N. Department Head Name: Steven Stepniak Title: Acting Commissioner of Public Works Parks & Streets Signature of Department Head: ) 00001- #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 4, 2007 FROM. DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Change in Contract [: City Wide Sidewalk Replacement - 2006 [: Group 4658, Contract 1192011257 [: P & J Construction Co., Inc. PRIOR COUNCIL REFERENCE: (IF ANY) [; Item H28 ofC.C.P. 6/26/07 [: Item #49 of C.C.P. 11/20106 [: Item 422 of C.C.P. 10/2/07 I hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to complete the following: North District .Infrastructure -- 2007 Arthur Street - -- Niagara to Tonawanda Riverside -- Niagara to Tonawanda .Intersection of forest & Danforth Intersection of Austin & Thompson Contract Item Description Unit Estimated Estimated Price Quanti Cost R05.204 Concrete Sidewalks & Approaches $5 /sq.ft. 2,076 sq.li. $ 10,380 4" Replacement R05.205 Concrete Sidewalks & Approaches $5.50 /sq.0. 3,000 sq.lt. $ 16,500 5" Replacement 11.110 Hydroseed $0.20 /sq.11. 2,600 sq.11. $ 520 12.110 Maintenance & Protection of Traffic Lump Sum as Necessary $ 1,000 613.0101 Topsoil $50 /cu.yd. 32 $ I,600 Total $ 30,000 Existing Contract Amount $ 1,567,207 Increase in Contract $ 30,000 Revised Contract Amount $ 1,547,207 Funds have been approved and are in CDBG Account #32 -50203 and permission is requested to accept a transfer into our Capital Project Account 930032106.445100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to P & J Construction Co., Inc. PAG:MJZ:1lf cc: Steven J. Stepniak Bill Ileinhold Ed Porter 1 TYPE DEPARTMENT HEAD NAME: haul A. Gareis, P.E. TYKE T[TLE: ity .Engineer SIGNATURE OF .DEPARTMENT I IEA - _ - — - - Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, barks and Streets dated October 4, 2007, be received and filed; and E rJ , That the Acting; Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to P & J Construction Co., Inc., an increase in the amount of $30,000.00, as more fully described i13 the above communication, for work relating to City Wide Sidewalk Replacement— 2006, Group #658, Contract 1192011257. Funds for this Project are in CDBG Account 1132 -50203 and permission is requested to accept a transfer into Capital Project Account #30032106445100. Passed 13 TAB:rmv t1wp601mswordVrmv113c [ 0- 16a.doc h F j 'f � - i i i i • ! 414 01 F j 000016 # 1 (Rev. 1/93) ,SINGLE -PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 9, 2007 0 FROM DEPARTMENT: PUBLIC WORKS, PARKS & STREETS DIVISION: WATER SUBJECT: [: Change in Contract [: John W. Danforth Co. [: Contract #93000015 [: Ellicott PRIOR COUNCIL REFERENCE: (IF ANY) E Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW I hereby submit to Your Honorable Body the following change order for this contract. This change order is due as part of an emergency repair of the East Thickener located at the Colonel Ward Complex. The East Thickener drive unit was shipped to the facility, Walker Process Equipment, for rehabilitation as part of the original contract. Once the unit was disassembled it was discovered that the damage to the drive unit was greater than originally expected. The Contractor and the Engineering Consultant, CRA Infrastructure, stated that the existing drive unit is beyond repair and recommends that a new unit be installed. The thickener is used to process solids that were removed as part of the water treatment process. This unit is critical for the operation of the treatment. plant. The additional cost for the replacement of the drive unit is $32,162.00. Contract Amount: $ 72,200.00 This Change Order: $ 32,162.00 Total Contract $ 104,3B2.00 I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to John W. Danforth Co. for $32,162.00, The funds are available in a Division of Water account 53210726 445100. PJG:PJM:kf TYPE DEPARTMENT HEAD NAME: Paul J. Gareis, P.E. Acting City Engineer FOR TYPE TITLE: Steven J. Stepniak, Acting Commissioner of Public Works, Parks & Streets r SIGNATURE OF DEPARTMENT HEAD: Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated October 9, 2007, be received and filed; and That the Acting Commissioner of Public Works, Paks.and Streets be, and he hereby is authorized to issue a change order, to John W. Danforth Co., an increase in the arnount of $32,182.00, as more fully described in the above communication, for work relating to all emergency repair of the Last Thickener located at the Colonel Ward Complex, Contract x#93000019. Funds for this project are available in Division of Water account 53210726 445100. Passed 14 TAB:rmv t:\wp60 \rnswordl:rmv\14c 10- 16a.doc Y 1 �b C �I�If { f f f f Ab a f �► w { I *t � +i �► �►! � �rl f ft s f s +�t * � � f 000017 # 1 (Rev. 1/93) SINGLE -PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 9, 2007 FROM DEPARTMENT: PUBLIC WORKS, PARKS & STREETS DIVISION: WATER SUBJECT: [: Change in Contract [: John W. Danforth Co. (: Contract #92011118 j: Ellicott PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) I hereby submit to Your Honorable Body the following change order for this contract. This contract is necessary for an emergency repair to the No. 1, 15 million gallons per day (mgd), low lift pump located at the Colonel Ward Treatment Plant. This pump is critical in adjusting influent flow rates to meet system demand and is currently out of service This is the only low lift pump of this size which allows flexibility in operation. The other pumps are 30 mgd and larger. All low lift pumps are currently being evaluated for a rehabilitation project to be bid in Spring 2008; however, the work required on the 15 mgd pump to maintain efficient operations needs to done as soon as possible. The rehabilitation works includes rebuilding the pump, rebuilding and rewinding the motor, all electrical work associated, all field- testing as required, and field painting of the pump. The cost for this change order is $59,985.00. Contract Amount: $ 466,070.00 This Change Order: $ 59,985.00 Total Contract $ 526,055.00 I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to John W. Danforth Co, for $59,965.00. The funds are available in a Division of Water account 53210726 445100. PJG:PJM:k£ TYPE DEPARTMENT HEAD NAME: Paul J. Gareis, P.E. Acting City Engineer FOR TYPE TITLE Streets Steven J. Stenniak, Actinq Commissioner of Public Works, Parks & SIGNATURE OF DEPARTMENT HEAD: Mr. Bonifacio moved: That the above communication from the Acting Corninissioner of Public Works, Parks and Streets dated October 9, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to John W. Danforth Co., an increase in the amount of $59,985.00, as more fully described in the above communication, for work relating to an emergency repair to the low lift pump located at the Colonel Ward Complex, Contract #923011118, Funds for this project are available in Division of Water account 53210726 445100. Passed 15 TAB:rinv tAwp60 nswor& mvll Sc10- 16a.doe �a� I- I 000018 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 10, 2007 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Fire Dispatch Office Boiler Replacement Job #0701 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT I hereby submit to Your Honorable Body the following changes for the Fire Dispatch Office, Boiler Replacement, D. V. Brown & Associates, Inc., C #93000029. 1. To install three (3) 1/3 HP inline pumps, one for each boiler. Add $ 3,973.00 2_ Replace bad heater exchangers in two (2) existing gas fired Add $ 3,329.00 unit heaters. The foregoing change results in a net increase in the contract of Seven Thousand Three Hundred Two and 001100 Dollars ($7,302.00). Summary: Current Contract Amount $ 94,381.00 Amount of This Change Order ( #1) Add $ 7,302.00 Revised Contract Amount $101,683.00 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 -Division of Buildings. SJS /PJG /dlg cc: Comptroller C. Serafin, Bldgs. Department Head Name: Paul J. Gareis, P.E. Title: Acting City Engine . r _( Signature of Department Head: i Mr. Bonmfacma moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated October 10, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to D, V. Brown and Associates, Inc., an increase in the amount of $7,302.00, as n filly described in the above communication, for work relating; to Job No. 0701, hire Dispatch Office, Boiler Replacement, C #93000029. Funds for this project are available in 39320406 445100 - Division of Buildings. Passed 16 TAB:rmv t Aw p60 \jnmordl: rrnv%16c 10- 1 Ga.doc i I k i ce• * #* i iF i i i i i. i � • li � � � is � t* i li i 1 i i �� # t i O • [ i 10 H 00 001 9 #1 (Re 1193) SINGLE PAGE Cvl' MUNICATIO V TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 3, 2007 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: Change in Contract Fire Headquarters Medical Services Training Center Window Reconstruction Job #0'715 Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP } TEXT hereby submit to Your Honorable Body the following changes for Fire Headquarters, medical Services Training Center, Window Reconstruction, Miller Enterprises, Inc., C #93000022. 1. Additional work required on windows due to the building shifting dramatically. Add $ 4,634.00 The foregoing change results in a net increase in the contract of Four Thousand Six Hundred Thirty Four and 001100 Dollars ($4,634.00). Summary: Current Contract Amount Amount of This Change Order ( #1) Revised Contract Amount $54,500.00 Add $ 4,634.00 $59,134.00 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 - Division of Buildings. 5 )�� SJSIPJGIdig cc: Comptroller C. Serafin, Bldgs. Department Head Name: Paul J. Gareis, P.E. Title: Acting City Engineer [- Signature of Department Hea Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated October 3, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Miller Enterprises, an increase in the amount of $4,634.00, as more fully described in the above communication, f.'or work relating to Job No. 0715, Fire Headquarters, Medical Services Training Center, Window Reconstruction, C. ##93000022. Funds for this project are available in 39320406 445100 -Division of Buildings. Passed 17 TAB:rmv tAwp60\nswurd\:nnv\ 17c I O- 16a.doc - 1 i .• ffsf�ir.,r tra V r O � � 1 4 #2 (Rcv. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 0000 TO: FROM: THE COMMON COUNCIL: DATE: October 9, 2007 DEPARTMENT: PUBLIC WORKS, PARKS AND STREETS z DIVISION: BUILDINGS SUBJECT: [: Increase in Contract [: MLK Park Site Improvements [: General Contract No. 93000025 [: (Masten) PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: (TYPE SINGLE SPACE BELOW) During expansion of the MLK Park Tennis Courts it was discovered that the stone base had depressed into the subsurface clay due to unsatisfactory groundwater conditions. To ensure the long term stability of the tennis courts the existing court surface was removed and the sub -base was reconstructed. To improve the ground conditions around the courts a new underdrain was installed. Stored bluestones located in the park maintenance yard were also required to be relocated to complete the renovations. Additional costs for this work are as follows: E Remove and Reconstruct Tennis Courts $ 60,440.00 Install new underdrain $ 5,900.00 Relocate stored bluestone $ 846.13 TOTAL $ 67,186.13 SUMMARY: Existing Contract Amount $ 296,710.00 This Increase $ 67,186.13 New Contract Amount $ 363,896.13 The City's Engineering Consultant and the Project Manager have reviewed and recommended these changes and costs. Funds are available in Account 30311406-445100. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to issue a change order to Louis Del Prince & Sons, Inc. as outlined above. 5.S S.IS /P.IG /EMP TYPE DEPARTMENT HEAD NAME: Paul J. Garcis, P.E. TYPE TITLE: Acting City Engineer SIGNATURE OF DEPARTMENT HEA t; Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated October 9, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Louis Del Prince & Sons, Inc., an increase in the amount of $67,186.13, as more fully described in the above communication, for work relating to MLK Park Site Improvements, Contract No. 93000025. Funds for this project are available in Account 30311406- 445100. Passed 18 TAB,rmv Chvp601mswardl:rmvll $c 10- 16a.doc _ �+�r..wr.., . , ' �� k � .. V� tw . i � � i .. _ y � x a c � I �. i #� �� .� .o � - . . � ° ;. � �. . .. . _. -. ., .: I #1 'Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 10, 2007 000021,,, FROM: DEPARTMENT: Public Works Parks & Streets c ; DIVISION: Buildings SUBJECT: [: Report of Bids [: Cazenovia Park Golf Course [: Maintenance Building [: Roof Reconstruction [: Job #0739 [: South District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) 11WAN advertised for on July 12, 2007 and received the following formal sealed bids for the Cazenovia Park Golf Course Maintenance Building, Roof Reconstruction, which were publicly opened and read on July 26, 2007. Grove Roofing $39,300.00 131 Reading, Buffalo, IVY Jameson Roofing Co., Inc. $47,252.00 106 Evans, Hamburg, NY Jos. A. Sanders & Sons $51,412.00 99-117 Lathrop, Buffalo, NY Progressive Roofing $53,850.00 331 Grote, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing, with a bid of Thirty Nine Thousand Three Hundred and 001100 Dollars ($39,300.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 38320906 445100 - Division of Buildings. SJS /PJG /dlg cc: Contract Compliance Office Chris Serafin, Buildings Department Head Name: Paul J. Gareis, P.E. Title: Acting City Engineer Signature of Department H d: Cj )j f1 Mr. Bonifacio moved: That the above communication froth the Acting Commissioner of Public Works, Parks and Streets dated September 10, 2007, be received and filed, and That the Acting Commissioner of Public Works, Parks and Streets, be, and lie hereby is authorized to award a contract for the Cazenovia Park Golf Coarse, Maintenance Building, Roof Reconstruction, Job #0739, to Grove Roofing, the lowest responsible bidder, in the amount of $39,300. Funds for the project are available in 38320906 445100 - Division of Buildings. Passed. 19 TABxmv t:lxvpb0ltnsword\nnv119c 10- 16a.doc ti k # !� �i #-j* �� � �f �4 t � k �' � I� � �► � tip � f,+ll� �. �� � �* * f* � �f f �i .IIF f f � ! i' �. � .� _ 4 U © � .� r k # !� �i #-j* �� � �f �4 t � 000 lit (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 26, 2007 PROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT, [: Potomac Avenue; [: Change portion of street [: from eastbound to westbound [: (Niagara District) PRIOR COUNCIL, REFERENCE: (IF ANY) Ex. (I tem No. '7'7, C.C.P. 914107 The Department of Public Works, Parks and Streets has reviewed the request to change a portion of Potomac Avenue, between Richmond and Baynes, from one -way eastbound to one way westbound. It is the opinion of this department that his would cause a confusing situation due to the fact that the street directly north, Bird Avenue is currently one way westbound between Richmond and Baynes, Furthermore, recent changes to Bird Avenue have made it difficult to navigate in that general area. Due to the need for emergency vehicle routing and in the interest of the general public, this department recommends not to implement the proposed change. PJG . MGM: jaz Cc: Steven J. Stepniak, Acting Commissioner of Public Works, Parks and Streets TYPE DEPARTMENT HEAD NAME: Paul G. Gareis, P.E. TYPE TITLE: Acting City Engineer SIGNATURE; OF DEPARTMENT HEAD REFERRED TO THE COMMITTEE N LEGISLATION. ��s x'U\' 17W VAO2 #I (Rev. 1/93) SINGLE PAG COMMUNICATION TO THE COMMON COUNCIL C` TO: THE COMMON COUNCIL DATE: September 25, 2007 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: j: West Chippewa Street; [: Proposed change in [: traffic direction f: (Ellicott District) PRIOR COUNCIL. REFERENCE: (IF ANY) Ex. ( Item No._140, C.C,P. 914107 The Department of Public Works, Parks and Streets has reviewed the resolution to change the one -way direction on West Chippewa Street between South Elmwood and Georgia Street from westbound to castbound. Due to the fact Georgia Street is presently one way westbound and Whitney Place is one way eastbound it would greatly increase the travel distance for vehicles destined for certain locations. In some instances it would take six blocks of travel instead of one block. Due to the consideration for emergency vehicle access and to avoid creating a confusing network of one -way streets, this department recommends that the proposed change does not take place. PJG : MGM: jaz Cc: Steven J. Stepniak, Acting Commissioner of Public Works, Parks and Streets TYPE DEPARTMENT HEAD NAME: Paul G. Gareis, P.E. TYPE TITLE: Acting City Engineer SIGNATURE OF DEPARTMENT HEAD: REFERREDT0, 1,1 COMMITTEE ON LEUSLATION. 000,0 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCL, TO: THE COMMON COUNCIL DATE: September 26, 2007 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Wilkes Avenue; [: Convert to one -way [: traffic [: (Lovejoy District) PRIOR COUNCIL, REFERENCE: (IF ANY) Ex. (Item No. 103 C.C.P. 914107) The Department of Public Works, Parks and Streets has reviewed the request to convert Wilkes Avenue from two - way to one -way traffic from Easton Avenue to East Delavan Avenue. Due to the fact there are not many one -way streets in the area and converting Wilkes will not drastically affect traffic flow, this department has no objection. However, this department requires a petition containing 75% of affected property owner's signatures whereas the petition submitted only contains 27 %. Once the overwhelming majority of property owners request it, this department will impletnentthe desired conversion. PJG : MGM: jaz Cc: Steven J. Stepniak, Acting Commissioner of Public Works, Parks and Streets TYPE DEPARTMENT HEAD NAME: Paul G. Gareis, P.E. TYPE TITLE: Acting City Engineer SIGNATURE OF DEPARTMENT ( 4 �' / J L REFER RED'm THE COMM ITTEE. ON UE - MLAT ION. I��J #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 9, 2007 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Delham Street; [: Remove alternate [: parking [: (Delaware District) PRIOR COUNCIL. REFERENCE: (IF ANY) Ex. ( Item No. 77, C.C.P, 1012107 The Department of Public Works, Parks and Streets has reviewed the request to eliminate alternate parking on Delham Street, Although the vast majority of residents approve of allowing parking on both sides of the street this department hereby disapproves the proposed change. Because the Delham Street pavement is only 30' wide it would not be possible to properly conduct snow removal with parking allowed on both sides of the street. PJG :.MGM: jaz Cc: Steven J. Stepniak, Acting Commissioner of Public Works, Parks and Streets TYPE DEPARTMENT HEAD NAME: Paul G. Gareis, P.E. TYPE TITLE: Acting City Engineer SIGNATURE OF DEPARTMENT HEAD: ON LEGISLATION. 1 000021 #1 (Rev. 1/93) ;t , SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL, FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Corn missioner's Office SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) DATE: October X11., 2007 (: Return Ice Skating to Hoyt Lake [: Item No. 104, C.C.P. 10/02/07 Ex. (Item No. xxx, C.C.P. xx /xx/xx) The referenced item was referred to this department for comment. While this department is interested in having ice - skating on Hoyt Lake, we have concerns about available: funding and public safety. Personnel would be needed to verify that the ice is thick enough to allow people to skate, to clear snow from the skating area and to monitor the area while Skating is open to the public. Our budget does not have the .funds to cover the personnel cost. Because I-loyt Lake is exposed to the elements, the ice surface will not be as smooth as an indoor riilk or a controlled outdoor rink Such as Rotary Rink in downtown Buffalo. This will increase the risk to the skaters of tripping or catching their blades and possibly breaking a leg. Unlike public pools, Hoyt Lake is not enclosed with a fence. People may try skating alter hours. No one would be there in the event of an accident such as a skater falling through the ice. TYPF DEPARTMENT HEAD NAME: Paul J. Gareis, P.E. TYPE T1TL1: Acting City Engineer of Public Works, Parks and Streets SIGNATURE OF DEPARTMENT HEA PJG /cn`ig REFERRIED "M 1 COMMITTEE FINANCE. #3 ( � 1 -02) (0 f Certificate of Appointment n 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 appointntent(s) or promotion(s). I further eertity that the person(s) named in Schedule "A" have been certified or approved by the 1luman RcYsoufces /Civi[ Service for the Appointment Effective: / 0j/ 1 16, `l in the Department of Public Works Division of Streets to the Position of Equipment Operator Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) MAXIMUM (Banter Starting Salary) : Starting Salary of $31,838 LAST JOB TITLE Truck Driver NAME Robert Hussar LAST DEPARTMENT DPW DATE 10107 ADDRESS 9 Tennessee St. LAST SALARY $30,793 CITY & ZIP Buffalo, NY 14204 LAST 4 DIGITS OF SSN. XXX - XX - 4627 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. X XX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 1000 TITLE CODE NO 6040 BUDGET ACCT, OBJ. 15030001 PROJ. ID 411001 PERSONNEL REQ. NO 2007 - 027 SALARY RANGE OF POSITION & dYjJ7y — 9 ,41 �,3g PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak ` tcv ' Acting Commissioner 10 7 F ORIGINAL + 3 COPIES TO: CITY CLERfE ONIBEFDRE AFPOiNTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET 98- DEPARTMENT 99- DIVISION #10- EMPLOYEE(S) 43 (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, 1 transmit this certification of appointments) or promotion(s). I further certify that the persons) named in Schedule "A" have been certified or approved by the I Iuman Resources /Civil Service for the -- ...... ............................... ......... ...................... . Appointment Effective: 0j // A rr in the Department of Public Works Division of Streets to the Position of Equipment Operator Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MAXIMUM Enter Starting Salary) : Starting Salary of $31,838 LAST JOB TITLE Truck Driver NAME Jeffrey Tamsen LAST DEPARTMENT DPW DATE 10/07 ADDRESS 42 Eugene St. LAST SALARY $30,793 CITY & ZIP Buffalo, NY 14214 LAST 4 DIGITS OF SSN. XXX -XX -6494 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 1000 TITLE CODE NO 6040 BUDGET ACCT. OBJ, 15030001 PROD. ID 411001 PERSONNEL REQ. NO 2007 -027 SALARY RANGE OF POSITION b 11%' 17i ° � ' A PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak� TITLE OF APPOINTING. AUTHORITY: Acting Commissioner DATE: 1 9107 SIGNATURE OF APPOINTING AUTHORITY: C J AVA_Iu l ;'.�': ORIGINAL + 3 COPIES TO: CITY CLERIC ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEES] 1/3 (Rev 1 -02) 008 Certificate of Appointment F; In compliance with provisions of Section 24 -2 of €he 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: l q,/ () r7 in the Department of Division of to the Position of Public Works Streets Truck Driver Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $30,793 LAST JOB TITLE Street Worker NAME Gregory R. Wagner LAST DEPARTMENT DPW DATE 10107 ADDRESS 16 Augusta St. LAST SALARY $30,373 CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX - XX - 8927 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 1000 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 15030001 PROJ. ID 411001 PERSONNEL REQ. NO 2007 -024 SALARY RANGE OF POSITION $27,646 $30,793 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Employee starts at Step 5 per union contract. NAME OF APPOINTING AUTHORITY: Steven Ste niak c_ TITLE OF APPOINTING, AUTHORITY: Acting Commissioner DATE: 4107 SIGNATURE OF APPOINTING AUTHORITY: r ` : (A ,.��'L . ORIGINAL + 3 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET ! #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) POSITION ALLOCATION MAINTENANCE FORM Tid Truck Driver Department/Division Public Works Parks & Streets Division of Streets Start Date I�7 6 r Original PR No. 2007 -29 Title Code No. Salary Budget Function No. 6021 $29,216 15030001 -411001 C, '. Reason for appointment (check one) ❑ Status Change Z Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) Type of Appointment ® Permanent ❑ Contingent Permanent ❑ Temporary ❑ Seasonal Classification ❑ Exempt ❑ Competitive ❑ Non - Competitive Comments Mr. Sanders has been re- instated per the attached MOA& at the salary ste 3 he was receiving prior to his termination. Employee Information: Name Danny Sanders Address 40 Fosdick St. Ci Buffalo SS# DOB State New York Zip Code ......- Send original copy signed by Dept. Head to Budget PSI %ll r Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget ❑ From Temporary to Provisional ❑ From Temporary to Permanent ❑ From Provisional to Permanent [) From Contingent Permanent to Permanent ❑ Other S' ature of of ority. . ' S Date O Sian a e of Director of Budget Date Signature of Aden. xrector of Civil Service s. ., ,,:. r TEE V -M _ �. Send original copy signed by Dept. Head to Budget PSI %ll r Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget ❑ From Temporary to Provisional ❑ From Temporary to Permanent ❑ From Provisional to Permanent [) From Contingent Permanent to Permanent ❑ Other SETTLEMENT AGREEMENT AND GENERAL RELEASE IN THE MATTER OF THE APPLICATION OF CIVIL SERVICE §71 AND THE TEMINATION OF DANNY SANDERS, AN EMPLOYEE, THE CITY OF BUFFALO AND AFSCME, LOCAL 264 Employee: Danny Sanders Department: Department of Public Works, Division of Streets and Sanitation As for this Settlement Agreement by and between the City of Buffalo (hereinafter "City''), and Danny Sanders, an employee of the City of Buffalo (hereinafter "Employee ") and bargaining unit AFSCUE Local 264 (hereinafter "Union"), the parties hereto agree as follows: WHEREAS AFSCME Local 264 is the bargaining representativeMr certain employees of the City of Buffalo and'specificaify represents Danny Sanders in this matter; and WHEREAS Danny Sanders was discharged on May 25, 2006 pursuant to Section 71 of the Civil Service Law; and WHEREAS the legal issues surrounding the discharge of May 25, 2006 are in dispute and currently in litigation; and WHEREAS settlement of the pending litigation would reduce the costs to both patties and; WHEREAS the parties have had numerous settlement discussions and are desirous, in the interest of positive labor relations, of resolving the controversy without further hearings. NOW, THEREFORE, in consideration of the above and in full settlement of the discharge of Danny Sanders relating to his termination pursuant to Section 71 of i the Civil Service law and the subsequent litigation therefrom, the parties hereby c` agree as follows: 1. Mr. Sanders shall return to employment with the City of Buffalo under the teams and conditions of his employment prior to his tennination with no loss of his seniority or benefits. a. Employee will not be eligible for any bids that have occurred since his last day of work. b. Employee will not be eligible for any overtime that might have occurred since his last day of work. 2. a. The City will make whole Mr. Sanders for lost wages for those periods that Mr. Sanders was ready, willing and able to work from March 7, 2007 to the .date of execution of this Agreement, minus any unemployment insurance payments and outside. earnings. Within 30 days of execution of this Agreement, the City will deduct from those adjusted gross wages that portion that represents Mr. Sanders' Now York State Retirement contribution and remit said amount to the New York State Retirement System. The City also will deduct from adjusted gross gages any and all required mandatory withholdings. The remaining net wages will be forwarded to Mr. Sanders. Any portions of these payments due or paid after 30 days will be assessed interest computed at a rate of 5% per annum payable to Mr. Sanders. b. The City agrees to pay Mr. Sanders the difference in pair, if any, he is owed pursuant to Article XIlt of the parties' collective bargaining agreement. c. The City agrees to provide the Union a cost accounting used to arrive at the amounts paid to Mr. Sanders. 3. Mr. Sanders will resubmit proof of residency to the Director of Civil Service prior to his return to work. 4. Mr. Sanders will submit medical certification from his physician, dated within 15 day's of the date of execution of this Agreement, certifying his medical eligibility to return to work. 5. Mr. Sanders and the Union agree to withdraw the grievance and any and all legal challenges against the City of Buffalo regarding pending Section 71 termination proceedings and the discharge of May 25, 2006. 6. Sanders and the Union agree not to disclose the terms and provisions of this Agreement to anyone other than the Union officers, the Union or Sanders' attorney, tax advisor or financial advisor'. 7. Sanders and the Union represent and agree that neither of them, individually or as a class, has filed any complaints, charges or claims (civil or criminal) against City of Buffalo or its predecessors, subsidiaries, its directors, officers, agents, attorneys, employees, their heirs, successors, or assigns, and all persons acting by or wiih them (in the aggregate " Affiliates ") with any court or agency based on any. action whatsoever by the City of Buffalo on this matter relating to Sanders which .opcurred prior to the date of this Agreement, except for pending and existing Workers' Compensation claims and the litigation in issue (NYS Supreme Court Index #12006 - 8695). Moreover, Sanders and the Union agree that if either of there has filed such a lawsuit, charge or claim (excepting those noted) based on claims that herein have been released, they will immediately withdraw those charges or claims and agree that if they fail to do so, they will be jointly and severally obligated to pay all costs incurred by City of Buffalo or its Affiliates, including aMt rney's fees in defending against such. claims. 8. Sanders, for good and valuable consideration, the receipt of which is hereby acknowledged, agrees to irrevocably and unconditionally release and discharge, and going forward not to institute any suit or action at law or in equity against the City of Buffalo or its Affiliates, from any and all charges, complaints, and any other causes. of actions (including attorney's fees and costs actually incurred), arising out of the discharge on May 25, 2006, including but not limited to any and all claims the Employee might have against the City and its Affiliates, except for these actions noted in Paragraph 7, above.. Employee specifically waives any and all claims arising out of the New 'York State Division of Human Rights and any federal or state discrimination, statutes under the Americans with Disabilities Act, as amended, 42 U.S.C. Sec. 12101 et sea the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621 gt 3 Title VII of the 1964 Civil Rights Act, as amended, 42 U.S.C. Section 2000 et seq., 42 U.S.C. 1981, the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. Section 10010 M., the Family and Medical Leave Act, 29 U.S.C. Section 2601 et sgg,, the Equal pay Act, 29 U.S.C. Section 206(4); the Worker Adjustment and Retraining Notification Act, 29 U.S.C. Section 2101, the Civil Service Law, Article 14 et seq, and any other federal, state or local statutes, ordinances, rules, and regulations relating to employment discrimination, wage and hour laws, wrongful discharge or job action, retaliatory discharge or job action, defamation of character, and/or breach of contract (express or implied). In addition to those claims particularized above, the Employee releases and .forever discharges and by this document does release and forever discharge City of Buffalo and its Affiliates from any action or actions, cause or causes of action, suits, debits, dues, sums of money, accounts, bonds, bills, specialties, covenants, contracts, controversies,. agreements, promises, variances, trespasses, damages, judgments; extents, executions, claims and demands whatsoever, in law or in equity, which against the City of Buffalo or its Affiliates the Employee ever had, now has or which his heirs, executors, or administrators hereinafter can, shall or may have for, upon or by reason of any matter, cause or thing whatsoever from the beginning of the world to the date of this Agreement. 9. The Union releases the City, and Sanders releases the City and the Union, from any and all actions, Suits or claims against the City and/or Union arising out of the discharge of May 25, 2006. IO.This Agreement and general release has been entered into solely to resolve the matters it addresses without further adversarial proceedings. This Agreement and general release shall riot in any way be construed as an admission by the City that it has acted'wrongfully with respect to Employee or any other person, or that Employee has any rights whatsoever against the City, and the City specifically disclaims any liability for any wrongful acts against Employee or any ether person on the part of itself or its Affiliates. Further, nothing herein shall be construed as an admission by the Union or the Employee that the City's conduct in relation to the Employee was justified or meritorious. 4 11.Should any application of this waiver be found by a court of competent jurisdiction to be inoperable, unenforceable or void, such term or provision shall not be enforced, although the remainder of the Agreement shall remain in effect and binding on the parties and will be enforced to the fullest extent permitted by law. 12.This Agreement and General Release constitutes the terms of the parties' agreement in its entirety and these terms shall be binding on and to the benefit of Sanders, Sanders' beneficiaries, heirs -at -law, legatees and other representatives and shall be binding on and to the benefit of the City and its Affiliates. 13.Any dispute regarding any breach of this agreement shall be resolved pursuant to the grievance procedure outlined in the collective bargaining agreement in effect at the time of the execution of this agreement. 14. Sanders represents and certifies that he understands that he has twenty -one (2 1) days to discuss all aspects of this Agreement with his private attorney, that to the extent desired he has availed himself of this right, that he has carefully read and fully understands all provisions of this Agreement and that he is voluntarily entering into this agreement. 15. Sanders further understands that he has seven (7) days from the date of the execution of this Agreement to revoke it and that the waiver contained in this Agreement is not effective until the seven (7) day period has expired, after which time the waiver is irrevocable. 16.Mr. Sanders acknowledges that he has been properly and fairly represented by the Union and acknowledges he has been afforded a full and fair opportunity to review this Settlement Agreement with legal counsel of his choosing and/or the Union. In Signing this Settlement Agreement, the Employee acknowledges that he has read the terms of this Agreement and General Release, that he understands its terms, that he has bad an opportunity to consult with a private attorney in advance of executing this Agreement ant that he is executing this Agreement and General Release of his own free will and 5 volition and that the City has made no representations to him /her concerning. the terms or effects of this Agreement and General Release, other than those contained herein. This settlement. is being made due to the specific circumstances involved in this case and will not create a precedent or practice for future like or similar grievances. This settlement in no way reduces the City's ability to properly manage and execute the collective bargaining agreement, its policies and rules in place nor shall this settlement be held to modify or expand any provision of the collective bargaining agreement. Bill Travis, President AI'SCAM Local 264- AFL -CIO Leonard Matarese, Commissioner of Human Resources, City of Buffalo Alisa. Lukasiewicz Corporation Counsel Approved as to form only "IN w 6 Dated: 2007 Buffalo, N York 20 FROM THE COMMISSIONER OF POLICE t Y l Oct 16, 2007 00 SINGL PAGE COMMUNICATION TO T14 E COMMON COUNCIL 'TO: 'VIII? COMMON COUNCIL: I)A':1'1. : September 14, 2007 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No xxx , C. C.P. xx /xx /x x) 'T'EX'T': ( TYPE SINGLE SP BELOW Approval to dispose of old equipment The Buffalo Police Department hereby requests permission from your honorable body to dispose of the following old, unusable computer and photography equipment: ITEM /.QF'SCRIPTTO.N PURCHASE DATE DATA PROCESSING KEYBOARDS/MONITORS AUGUST 1991 MICROWAVE VIDEO LINK FOR BROADCASTING JUNE 1990 FILING & RETRIEVAL FILE SERVER AUGUST 1989 DOUR CIIANNEL RECORDER FOR BROADCASTING DECEMBER 1990 CENTRAL PROCESSOR UNI"f JANUARY 1992 DISK CONTROLLER DISK DRIVE JANUARY 1992 TAPE DRIVE W /CON`1'ROLLER NOVEMBER 1994 DISK CONTROLLER DISK DRIVE JUNE 1992 CENTRAL. PROCESSOR UNIT" JUNE 1992 TAPE DRIVE W /CONTROLLEER JUNE 1992 FULL COLOR COPIER JUNE 1993 DATA PROCESSING COMPUTER JANUARY 1994 MUL ":11 PROTOCOL ROUTER NOVEMBER 1995 . SIX (6) CPU PROCESSING SERVERS MAY 1907 OFFSET" PRINTING PRESS OCTOBER 1986 PHOTO FILM. PROCESSOR SEPTEMBER 1987 PLIOTO COLOR FILM PROCESSOR SEPTEMBER 1987 PHOTO MINI PRINTER SEPTEMBER 1987 MAPPING PLOTTER AUGUST 1998 CPU INVESTIGATIVE WORKSTNI'lON JULY 2000 KRFONITE PRO -PRINT MINI PRINTER JANUARY 2000 All of the above items are no longer in use, are antiquated, and have no remaining value. All items are listed on the asset list of Police Department equipment(Fixed Asset System.) and had a value of $10,000 or more when originally purchased. If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879. Thank you in advance for your cooperation and expediency in addressing this matter. JFS /jws p REFERRED TO THE COMMITTEE ON FINANCE AND DEPARTMENT OF A &F � 1A1 TYPE DEPARTMENT MEAD NAME: JOSEPH F. STRANO 'TY:PE TITLE: INSPECTOR ADMIN & COMMUNICATI.ONS SIG NATURE Ol= DEPARTMENT ITIAD:__....... �! `� 22 FROM THE CORPORATION COUNSEL Oct ] 6 2007 COMMUNICATION TO THE COMMON COUNCIL 1 !fit ' '` :/ DATE: September 27, 2007 FROM: DEPARTMENT- DEPARTMENT OF LAW DIVISION: BUREAU OF ADMINISTRATIVE ADJUDICATION SUBJECT: [ :Municipal Code Violations deport PRIOR COUNCIL REFERENCE: (IF ANY): Ex. (Item No. 95,.0 C.C.P. gZtZI/06) Your Honorable Body has asked the Bureau of Administrative Adjudication to file a monthly report indicating the total number of violations cited by the violation type for each department, division and/or office charged with issuing violation notices. Attached are the requested reports for violations cited during the months of July and August 2007. As you can see from the attached reports, 1,284 summonses were issued in July and 1,998 summonses (55% increase) were issued in August by the various departments. This is a 115% increase from June. 4 SIGNATURE: LINDA L. SCOTT TITLE: ASSISTANT DIRECTOR BUREAU OF ADMINISTRATIVE ADJUDICATION RECOVEP AND WED Total Summonses Issued From 07/0112007 to 07/31/2007 AA Streets Sanitation Code Violations - AA 02 Garbage in street more than 12 hrs. ahead of collection 36 07 Interference with Stmt & sidewalk surfaces prohibited 1 32 Totes and Recycling Containers not Removed from Curb After Collection 24 34 More Than Two Pieces of Sulk Trash 1 40 Improper Usage of City Provided Receptacle or Tote - Chapter 216-14 and 15 24 12 Junk vehicles, equipment in open areas of premises - part 1242.10(b) 86 AA Summonses Issued FD Fire Code Violations 01 Means of Egress - part 1162 3 3 FD Summonses Issued ID Inspections Code Violations 01 Duty of Owner /Occupant to out grass,weeds,brush - chapter 341 sec. 1 53 02 Maintain open area free from physical hazard, Rodent, Infestation -341 -6E 9 04 Garbage and Refuse - part 1242, 8(a) 9 08 Garbage and Refuse adequate sanitary facilities ,storage,handlingldisposal 1 09 Garbage and Refuse multiple dwellings, proper,convenient receptacles 5 12 Junk vehicles, equipment in open areas of premises - part 1242.10(b) 1 17 Storage of Motor vehicles unregistered, more than 10 days - chapter 511 - 93 2 19 Screening, setback ,surfacing,lighting,access requirement -paved parking area 2 20 Parking on unpaved area in Front or Side yard- chapter 307 4 30 Elevators and Conveyances - Initial or Semi - Annual Inspection - Chapter 167 -15(b) 2 31 Elevators and Conveyances - Enforcement of Violations - Chapter 167 -17 and 19 8 96 0 Summonses Issued LD License Code Violations 07 Vending Machiens - chapter 483 - section 2 4 23 Music- chapter 75- section 13(A) 3 27 Restaurant - chapter 370- section 2 1 31 Sidewalk Cafes - chapter 413 - section 59(F) 1 34 Used Cars - chapter 254 section 2 (A) 2 36 Landscape and Snow removal- License required- chapter 144 - section -16 1 38 Flammable Liquid- License required for storage, sale, handling or use 1 ADMINISTRATIVE ADJUDICATION u 1791 1 >47 : 05 hliagota .Sq are, R0oin 215 :..::: Page 1 of 3 Buffa[a, Ie�v Yark 14102 71811 M -4646 14 LD Summonses Issued PD Police Code Violations 01 Drinking and/or Possessing Alcohol in public places and vehicles- 69-sec-1,2 137 05 Garbage not properly contained - Chapter 216 section 8 8 06 In Park after hours (10.00PM) - chapter 309 section 25 18 07 No Peddlers License - Chapter 316 section 1 9 12 landscaper, Snow removal license required - chapter 144 section 16 1 14 Fireworks display without permit - chapter 263 section 14 4 15 First Excessive Noise violation (residential,public,vehicle) chapter 293 sec.4&7 150 18 Repair of Vehicles - chapter 413 section 38 3 21 Unlicensed Tow truck - chapter 454 section 2 1 22 Second Excessive Noise Violation - chapter 293 sections 4 & 7 2 24 Third and Subsequent Excessive Noise Violation- chapter 293 section 4 & 7 2 26 Junk vehicles on public or private property - chapter 413 section 4(F) 16 28 Illegally Dumping - chapter 216 section 9 & 17 3 31 Deposits on streets or public places - chapter 413 section 4 10 32 Taxicab and Livery - License required on motor vehicle- chapter 413 sec. 4 1 33 Storage of Motor Vehicles unregistered, more than 10 days - Chap 511, Section 93 22 35 Sidewalks not Cleared of Ice and Snow - First Offense - Chapter 413 Section 50 1 38 Improper Usage of City Provided Receptacle or Tote - Chapter 216-14 and 15 8 39 Garbage Rubbish Accumulation - (PM) Chapter 3 - Section 305.1 11 40 Solid Waste/Totes at curb prior to or after day of scheduled pickup - Chapter 216 Section 14 2 42 Duty of Owner or Occupant to cut grass, weeds, brush - (PM) Chapter 3 - Section 302.4 319 99 6 734 PO Sumrrsonses Issued SS Streets Sanitation Code Violations - SS 02 Garbage in street more than 12 hrs, ahead of collection 11 03 Use of Illegal containers for Garbage or not properly enclosed 11 O8 Obstructions of streets and passages 1 25 Mud and Debris left at Demolition, Construction or Tree Removal sites 1 26 Excessive amounts of Bulk trash or Unbounded trash 4 28 Numbering of Buildings - Chapter 109 section 5 3 32 Totes and Recycling Containers not Removed from Curb After Collection 3 33 Overflowing Totes Including Trash Placed on Top Of, Next To or Around Tote - Chapter 216 Section 15 34 34 More Than Two Pieces of Bulk Trash 100 41 Contractors- license required - chapter 144 section 2(A)(1) 1 Ck 211 SS Summonses Issued Total Summonses Issued 7144 I/-+o 1a8�1 A-o�� 35 Tires, Construction/Demolition Debris or Fill Placed but for Collection 10 36 Failure to Use City Receptacles 6 37 Tote Exceeds Weight Limit 22 38 Placing Commercial Use's Solid Waste for Public Collection without City Contract 1 40 Improper Usage of City Provided Receptacle or Tote - Chapter 216 -14 and 15 4 Total Summonses Issued From 0810112007 to 08/3112007 AA Streets Sanitation Code Violations - AA 02 Garbage in street more than 12 hrs. ahead of collection 54 03 Use of Illegal containers for Garbage or not properly enclosed 2 08 Obstructions of streets and passages 1 26 Excessive amounts of Bulk trash or Unbounded trash 4 27 Illegal Dumping 3 32 Totes and Recycling Containers not Removed from Curb After Collection 20 33 Overflowing Totes Including Trash Placed on Top Of, Next To or Around Tote - Chapter 216 Section 15 8 34 More Than Two pieces of Bulk Trash 19 35 Tires, Construction/Demolition Debris or Fill Placed Out for Collection 2 37 Tote Exceeds Weight Limit 3 40 Improper Usage of City Provided Receptacle or Tote - Chapter 216 -14 and 15 42 168 AA Summonses Issued ID Inspections Code Violations 01 Duty of OwnerfOccupant to cut grass,weeds,brush - chapter 341 sec. 1 41 02 Maintain open area free from physical hazard, Rodent, Infestation- 341-6E 6 04 Garbage and Refuse - part 1242, 8(a) 8 08 Garbage and Refuse adequate sanitary facilities ,storage,handlingldisposal 2 09 Garbage and Refuse multiple dwellings, proper,convenient receptacles 3 12 Junk vehicles, equipment in open areas of premises - part 1242.10(b) 1 17 Storage of Motor vehicles unregistered, more than 10 days - chapter 511- 93 11 20 Parking on unpaved area in Front or Side yard- chapter 307 5 25 Contractors - License Required - Chapter 144 Section 2(A)(1) 1 31 Elevators and Conveyances - Enforcement of Violations - Chapter 167 -17 and 19 39 11710 Summonses Issued LD License Code Violations 20 Second Hand Dealers- chapter 254 - section 2(A) 3 22 Lodging House- chapter 269 - section 3 1 23 Music- chapter 75- section 13(A) 16 27 Restaurant - chapter 370- section 2 3 34 Used Cars - chapter 254 section 2 (A) 2 38 Flammable Liquid- License required for storage, sale, handling or use 1 39 Repair,service,storage Garage- License required - chapter 185- sec.13(C) 27 LD Summonses Issued PD Police Code Violations 01 Drinking and/or Possessing Alcohol in public places and vehicles- 69- sec.1,2 202 02 Music License reqiored (mechanical device or live music) chapter 75- sec.13 1 05 Garbage not properly contained - Chapter 216 section 8 18 06 In Park after hours (I O.00PM) - chapter 309 section 25 21 07 No Peddlers License - Chapter 316 section 1 3 O8 Soliciting Money - License required- chapter 316 section 27 4 13 Transporting between 4 and 10 tires without Permit - chapter 235 section 20 1 15 First Excessive poise violation (residential,public,vehicle) chapter 293 sec.4&7 197 17 Interference with street and sidewalk surfaces - chapter 413 section 3 4 18 Repair of Vehicles -chapter 413 section 38 3 20 Maintenance of Sidewalks(cleaned and repaired)- chapter 413 section 48 2 21 Unlicensed Tow truck - chapter 454 section 2 2 22 Second Excessive Noise Violation - chapter 293 sections 4 & 7 9 24 Third and Subsequent Excessive Noise Violation- chapter 293 section 4 & 7 2 26 ,funk vehicles on public or private property - chapter 413 section 4(F) 76 28 Illegally Dumping - chapter 216 section 9 & 17 5 30 Taxicab and Livery - Drivers License required- chapter 437 - section 9 1 31 Deposits on streets or public places - chapter 413 section 4 11 33 Storage of Motor Vehicles unregistered, more than 10 days - Chap 511, Section 93 12 38 Improper Usage of City Provided Receptacle or Tote - Chapter 216 -14 and 15 61 39 Garbage Rubbish Accumulation - (PM) Chapter 3 - Section 305.1 84 40 Solid Waste/Totes at curb prior to or after day of scheduled pickup - Chapter 216 Section 14 67 41 Refrigerators - Dismantling Required - Chapter 365-1 1 42 Duty of Owner or Occupant to cut grass, weeds, brush - (PM) Chapter 3 - Section 302.4 579 99 1 1357 Pia Summonses Issued SS Streets Sanitation Code Violations - SS 02 Garbage in street more than 12 hrs. ahead of collection 8 03 Use of Illegal containers for Garbage or not properly enclosed 9 21 Over lowingAitteredluncovered Dumpsters 1 26 Excessive amounts of Bulk trash or Unbounded trash 8 27 Illegal Dumping 1 28 Numbering of Buildings - Chapter 109 section 5 5 224 SS Sun nonses Issued Total Summonses Issued 1893 �,o S 32 Totes and Recycling Containers not Removed from Curb After Collection 3 33 Overflowing Totes Including Trash Placed on Top Of, Next To or Around Tote - Chapter 216 Section 15 40 34 More Than Two Pieces of Bulk Trash 119 35 Tires, Construction/Demolition Debris or Fill Placed Out for Collection 14 36 Failure to Use City Receptacles 2 37 Tote Exceeds Weight Limit 14 23124 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES Oct 16, 2007 To: The Common Council: Date: October 9, 2007 From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject:: Food Store License [: 1069 ?ferry East (Fillmore) Prior Council Reference: (If Any) [: Ex. ( Item No. xxx, G.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 1069 Ferry East (City Market) and find that as to foam 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 (granted a 6 month conditional approval provided they maintain a trouble free location) and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Signature: Department Head Title: COMMISSIONER RMT :mrz REFERRED TO TWEA"'OMMITTEE CITY OF BUFFALO OFFICE OF LICENSES 313 CI'FY HAI.JI BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: CITY MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1069 FERRY EAST 903 -9053 Fl 12 SAMIR HASSAN 903 -9053 547529 07/16/2007 NEW LICENSE 2008 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) DATE: APPROVED DISAPPROVED PATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** f , REMARKS: INSPECTOR RM# 1I ----- EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 4ppSlip2.rpt 1.11 1 %jju L Vl i'tllull OFFICE OF LICENSES, 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: CITY MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1069 FERRY EAST 903 -9053 FI 12 SAMIR HASSAN 903 -9053 547529 07/16 /2007 NEW LICENSE 2008 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE: y - � DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR XL EXT _6Z / -, 4� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlfpZ.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARA.CCIO APPLICATION FOR: CITY MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1059 FERRY EAST 903 -9053 Fl 12 SAMIR HASSAN 903 -9053 547529 07/16/2007 V NEW LICENSE 2008 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) r APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK * * *REASON 0 J R,DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 �u55,4r �M(r / /- gl INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: CITY MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: IlliA REMARKS: DISAPPROVAL REASON: 1069 FERRY EAST 903 -9053 FI i1� jlYr�r' 12'� "� SAMIR HASSAN 903 -9053 547529 07/16/2007 NEW LICENSE 2008 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: o — ev7— DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON T}QR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTO RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AprpSllpz.rpr OFFICE OF LICENSES 313 CITY HALL IlD r ALO NEIW YORK 142 VA INSpECTIONfAPPROVAL REQUEST AGENCY I DEPARTMENT: P011CL REFERRED TO: COMMSIONER OF POLICE APPLICATION FOR: CITY MARKET LYCIENME'1 & I"001D STORE? BUSRMS ADM S: BUSINNSS PHONE: CUUNCI[. 0181WCTs POLJCX DISTRICT. APPLICANT NAME= APPL. PRONE: APPLICA'T'ION NUMBER: Rte$ L DA's; io64 FMY EAST 903 -4053 FZ 12 SAWK HASSAN 903 -9033 547529 07l16R.OD7 DISApPRovAL REASON: BE COMPLETED AY AGENCY/DEPA 7TMENT REFP.RRED TO} (: APPROVE PAIN ' . X, lo `7 DISAPMOVCD REMARKS: DI5TRICT 0 APPROVED DISAPPROVED DATE: NEW LICENSE 2m * **REASON FOR DISAPPROVAL MUST BE STATED BELOW * *' RENLUCO: CORM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN TMS REFERRAL TO TEE OFFICE OF LICENSES. THANK YOU- L9Sµd 100/100d SIS -.L - -WOH:l 85.11 L0. -50 -01 DA , _ 10v OFFICE OF L1CFNSFS 313 CITY IIALL 'BUFFALO, NEW YORK 14202 '851 -4078 LICE NSE APPLICATION (PLEASE CITECK LTCENSE CATEGORY APPLYING FOR) RESTAURANT RESTAURANT TAKE -OUT xxx FOOD STORE BAKERY CONFECTIONER CATERER MEAT, FISH & POULTRY Date_ 2D APPLICANT NAME APPLICANT ADDRESS APPLICATION MUST 13E COMPLETED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS Sa mir Ahmed Hassan , - _ .APPLICANT HOME PHONL #f� qjG 1069 East Ferry_ St., Upper, Buffalo, NY 14211 (No., STREET) (CITY, TOWN OR VILLAGE) (STATE) (Zip) CO- APPLICANT NAME CO- APPLICANT ADDRESS CO- APPLICANT HOME PHONE 1f (w, STP(vo {CITY, TOWN OR VILLAGE) (STATE.) ('LIP) CORPORATION NAME DATE 1NCORPORATEID BUSINESS NAME City Market DA'Z'E OF BUSINESS CERTIFICATION C: a Q ____ BUSINESS ADDRESS 1069 East_ _Ferry.ufa3 a, NY 14211 (NO.,STRERT) (CITY, TOWN OR VILLAGE) (STATE) (ZIT') MAILING ADDRESS (if different than business address) (NO., STREr"j) (CITY, TOWN OR VILLAGE) (STATE) (zip) BUSINESS PHONE PAX # STA'T'ES TAX ID NUMBER � _ SOCIAL SECURITY # NO. OIL EMPLOYEES Subscribe and sworn to me this _ day of :. (Zv , f _ 4 C Deeds to and for th City of B i t)94 lo, New York (BAKER & CONFPCTIO :ER ONLY) �V F> pptieant Signature MARY A. FLINTIER Notary Public, State of New York Qualified in Erie Courty My Commission Expires 091271 AN To: The Common Council: r Date �7 : eptemuber 7, From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject: [: Food Store License 278 Trenton (Ellicott) 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 278 Trenton (Trenton Food Market) 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 (granted a 6 month conditional approval provided they maintain a trouble free location) and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Signature: Department Head Title: COMMISSIONER RMT:mrz CITY OF BUFFALO OFFICE OF LICENSES 313 CITY IIA;.,L BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: 'TRENTON FOOD MARKET LICENSE TYPE: FOOD STORE NEW LICENSE 2008 BUSINESS ADDRESS: 278 "TRENTON BUSINESS PHONE: 855 -0387 COUNCIL DISTRICT: EL POLICE DISTRICT: i0 APPLICANT NAME: ALI ALHAMIDt APPL, PHONE: 602 -5406 APPLICATION NUMBER: 548284 REFERRAL DATE: .09/05/2007 REMARKS. DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) (APPROVED DATE: � � ^„ or DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: � INSPECTOR �C RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlipz.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY BALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: TRENTON FOOD MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE- 278 TRENTON 855 -0387 EL !0 ALI ALIIAMIDI 602 -5406 548284 09/05/2007 NEW LICENSE 2008 =APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# _ EXT I AFTER INSPECTION PLEASE .COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSrp2.rpi CITY OF BUFFALO OFFICE OF LICENSES 313 CIS. 7 &L"A X BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCLK.ALSKI APPLICATION FOR: TRENTON FOOD MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT. APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 278 TRENTON 855 -0387 EL 10 ALI ALIIAMIDI 602 -5406 548284 09/05/2007 NEW LICENSE 2008 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: - -s " ^DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. rlppSlip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CIT I" IIALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY I DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: TRENTON FOOD MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL, DATE: REMARKS: 278 TRENTON 855 -0387 EL 10 All ALHAMIDI 602 -5406 548284 09/05/2007 DISAPPROVAL, REASON: (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: NEW LICENSE 2008 DISAPPROVED DATE: REMARKS: UA DISTRICT CAPTAIN: APPROVED DATE: DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE .COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSlrpa.ryr [ G^ OFFICE OF LICENSES 313 CI'T'Y FALL, BUFFALO, NY 14202 ( '716) 851..407$ LICENSE APPLICATION (PLEASE CIIEC,K LICENSE CATEGORY APPLYING FOR) RESTAURANT RESTAURANT TAKEOUT BAKERY CONFECTIONER CATERER FOOD STORE MEAT, FISH & POULTRY Date ! r' 20 Applicant Name 1� ,�— - -- Applicant Home Thane #_� „_ Applicant Address 2 e L o S t r f -$-t L a c 1e -i W V r (No., Street) (City, Town or Village) (State) (Zip) Ca Applicant Name Co- Applicant Address _ (No., Street) Corporation Name Business Name Y `� `n c>0 A q- Y e Date of Business Certificate Business Address ' & T V�'F r � °� �Ye nf{�� 19 4 1F - rQ Lod 1U ® � (No., Street) (City, Town or Village) (,State) (Zip) Mailing Address (if different than business address) (No., Street) (City, Town or Village) (State) (Zip) Business Phone State Tax ID Number `L 0 Sacial Security # No. of Employees _--- _(Baker & Confectioner only) ; 0) Subscribed and sworn to before me this y #7i ty 2 ne' o ecds in for the of Buffalo, New Y Fees; Restaurant 0 -200 seats $174.00 201400 seats $250.00 401+ $325.00 Restaurant takeout/Catering $ 88.00 Meat, Fish & Poultry (2 years) $150.00 Food Store $115.00 Baker /confectioner 0 -2 ' employees $ 63 -00 3 - 10 employees $105.00 11 - employees $157.00 26 -50 employees $315.00 51 -200 employees $525.00 NON REFUNDABLE APPLICATION FEE (City, Town or Village) (State) (Zip) Date Incorporated Rst appl I I i Q at 4 O I I 000034 CITY OF BUFFALO ~rA DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES -- 4. OFFICE OF THE COMMISSIONER BROWN W. BROWN MAYOR October 1 6, 2007 Buffalo Common Council 13` Floor City Hall Buffalo, New York 14202 Proposed Transfer of Ownership Adam's Mark Hotel Dear Council Members RICHARD M. TOBF COMMISSIONER Attached is a "Term Sheet that T received via e -mail last night regarding the proposed sale of the Adam's Mark Hotel to the Oxford Lodging group. The Term Sheet is the result of a number of conversations between the City of Buffalo and BURA and the current owner and the prospective owner of the hotel. The parties are planning on closing the deal on October 31, 2007. The approval of both BURA and the Common Council are required to allow the deal to close. t respectfully request that this item be accepted for late filing at today's meeting of the Common Council and referred to the appropriate committee where this item will be presented for consideration. S' erely yours, Richard Tobe Commissioner Cc: Mayor Byron Brown Deputy Mayor Steve Casey Executive Director Tim Wanamaker REFERRED TO THE I TF ` / IN d I l� l� n /mss CORPORATION CC]CINCEC, ; AND THE COMPT�OLI,ER 65 NIAGAR -A SQ[IARE / 324 CITY HAIZ, / BUFFALO, NY 14202 -3303 / (716) 851 -4972 / PAX: (716) 851 -4242 /'Email: rtobeQcity�bvffalo.com Term Sheet Adam's Rib Ranch Corporation and Kummer Development Corporation Sale of Adam's Mark Hotel. — Buffalo to W2007 MVP Buffalo, LLC . Scheduled Closing Date -- October 31, 2007 Matters Pertaining to the City of Buffalo and the City of Buffalo Urban Renewal Agency October 12, 2007 A. Parties and Abbreviations Party Abbreviation City of Buffalo City City of Buffalo Urban Renewal Agency BURR. Adam's Rib Ranch Corporation Adam's Kummer Development Corporation Kummer HBE Corporation HBE Seven Seventeen HB Buffalo Corporation 717 W2007 MVP Buffalo, LLC MVP B. Summa of Current Status. The Adam's Mark Hotel — Buffalo (the "Hotel ") is currently owned by Adam's and Kummer. The Hotel is leased by Adam's and Kummer to 717. All three companies are wholly owned subsidiaries of HBE. LEGAL US_W # 573019112 1 The Hotel is situated on lands that are owned by BURA. These lands are currently leased to Adam's and Kummer pursuant to a 1978 land lease (the "Land Lease ") with the original owner of the Hotel. The term of the Land Lease is through August 18, 2077. The annual rent is $52,360 per year. Under the Land Lease, the owner of the Hotel has the option to purchase the lands from BURA for $748,000 provided that the option is exercised by August 15, 2008. A portion of the lands that were leased by BURR to the hotel owner pursuant to the I�and Lease were subleased to the City by way of a 1978 sublease and agreement (the "Sublease and Agreement ") for purposes of financing the construction of a parking garage that was, initially, to be operated by the City. The City financed the construction of the parking garage and then re- leased the parking garage to the then hotel owner in a 1983 lease (the "Parking Garage Lease "). The terrn of the Parking Garage Lease was forty (40) years from June 1, 1983 through May 31, 2023. The monthly rent is $20,440.03, an amount sufficient to amortize the City's financing for constructing the parking garage with interest at the rate of 5.60% per annum. The hotel owner has the right to buy out the Sublease and Agreement as well as Parking Garage Lease by paying the unamortized amount of the City's financing in constructing the parking garage. Through August of 2007, that buy -out amount was approximately $2,562,751. Adam's and Kummer currently hold the landlord's interest in the Sublease and Agreement and the tenant's interest in the Parking Garage Lease. Adam's, Kummer and/or 717 have an obligation to maintain the hotel to a defined Standard. All obligations of Adam's and Kummer to BURA and the City under the respective agrecincitts are guaranteed by "IIBE. Based on the foregoing, the owner of the Hotel could buy out the interests of BURA and the City with respect to the Hotel for $748,000 and approximately $2,562,751 (as of August, 2007), respectively. C. Sale of the Hotel; Transactions with BURA and the City HBE and its related entities have entered into a contract to sell the Hotel as well as various other hotels to Oxford Lodging related entities. A new limited liability company, MVP, will purchase the Hotel. LEGAL US W # 57301911.2 .2 2 Insofar as BURR and the City are concerned, the following would occur: Adam's and Kummer would assign their interests in the Land Lease to MVP, and MVP would assume all of the obligations of Adam's and Kummer under and pursuant to the Land Lease that arise subsequent to the sale but for the hotel maintenance guarantee which will be waived. 2. The obligations of MVP to BURA would be secured by a letter of credit in the sum of $700,000 issued by a commercial bank. BURR would be entitled to draw on the letter of credit on demand by certifying to the issuer of the letter of credit as follows: (i) MVP had defaulted under the terms of the Land Lease (beyond applicable notice and cure periods) and the amount of the draw was necessary to reimburse BURR for amounts that were then due and owing to BURR under the terms of the Land Lease; or (ii) The letter of credit was due to expire in less than thirty (30) days and had not been renewed. To the extent that the amount drawn on the letter of credit was less than the amount that MVP could elect to pay to acquire the lands covered by the Land Lease (currently $748,000), MVP would be entitled to pay the difference and, in such event, the property covered by the Land Lease would then be conveyed to MVP in accordance with the terms of the Land Lease and the Land Lease would be terminated except to the extent of any non - financial covenants that would survive pursuant to. the express terms of the Land Lease. The time to exercise the option to purchase the property covered by the Land Lease would be extended from August 15, 2008 through December 31, 2009. 4 BURR would release HBE and its related entities (Adam's, Kummer and 717) from any liabilities under the Land Lease following the sale. 5. Adam's and Kummer would assign their interests in the Sublease and Agreement and in the Parking Garage Lease to MVP, and MVP would assume all of the obligations of Adam's and Kummer under and pursuant LEGAL- US_W # 57301911.2 3 r to the Sublease and Agreement and the Parking Garage Lease that arise subsequent to the sale. 6. The obligations of MVP to City would be secured by a letter of credit in the sum of $2,300,000 issued by a commercial bank. The City would be entitled to draw on the letter of credit on demand by certifying to the issuer of the letter of credit as follows: (ii) MVP had defaulted under the terms of the Sublease and Agreement and/or the Parking Garage Lease (beyond applicable notice and cure periods) and the amount of the draw was necessary to reimburse the City for amounts that were then due and owing the City under the terms of the Sublease and Agreement and/or the Parking Garage Lease; or (ii) The letter of credit was due to expire in less than thirty (30) days and had not been renewed. To the extent that the amount drawn on the letter of credit was less than the amount that MVP could elect to pay to pay off the City financing of the parking garage (approximately $2,562,751 as of August, 2007), MVP would be entitled to pay the difference and, in such event, the City's interest in the parking garage would be conveyed to MVP in accordance with the terms of the Sublease and Agreement, and the Sublease and Agreement along with the Parking Garage Lease would be terminated except to the extent of any non - financial covenants that would survive pursuant to the express terms of the Sublease and Agreement and/or the Parking Garage Lease.. 7, The City would release HBE and its related entities (Adam's, Kummer and 717) bona any liabilities under the Sublease and AgreerneDt and the Parking Garage Lease following the sale. 8. The letters of credit balances will be reduced on a Dollar for Dollar basis for each Dollar of rent paid under the Land Lease or Parking Agreement, as applicable. D. Term Sheet for discussion purposes only. This Term Sheet is for discussion purposes only. No contractual. obligations shall arise until actual documents implementing the above transactions are negotiated, executed and delivered. LEGAL US_W # 57301911.2 4 X00035 it (Rev. 1193) Single Pi ke Communication to the Common Council To: The Common Council: Date: September 26, 2007 From: Department: De partment of Econo Development Permit &_ In Tectio n Services Division: Office of Licenses Subject: [: Sidewalk Cafe License [: 79 Chippewa West (Ellicott) Type in Upper and [: Lower Case Only [: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P._xx/xx/xx Text (T vpe Single Space Below }: The Common Council approved a sidewalk cafe Ibr the restaurant located at 79 Chippewa West in the year 2001. The restaurant, formerly known as McMonkccz is now owned by Lorrie A. Davis (Vodka). Ms. Davis has requested permission to install a similar cafe. The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are met. Type Department Head Name: RICHARD M. TOBE Type Title: COM9 Si nature of Department I-lead: �F `�'r RMT:m,i. REFERREO TO THE COMMITTEE Date ��: � 1 Ma MO AW eez .l B /A Applicant Name Location of Business skeet Zip Code Business Phone Home Phone Dimensions of Cafe c Number of Chairs Number of Tables � _. , . c�_� � � -'�' - __,/�.... Briefly describe in what manner the Cafe boundaries will be installed (Le. wooden deck with railings, wrought iron railings, flower boxes with rope attached). 0= Note The Cafe may not be ermanently axed to the Main Rnildiniv or Public Qidewalk. /1) r 4 4 'i % -6 A / -AST �W C:_- , Below please provide a drawing of the proposed Cafe showing the exists building, the area to be occupied by said Cafe, and the area of public sidewalk remaining for pedestrian passage (rise reverse side if more space is needed). ote� tl iraiffiutr� mf faor feet of o tca t at ted mtiEic sd ievralh MUST ex Cafe swcapp) 313 CITY HA LL BUFFALO, NY 14202 A0 P hone, ff 11"7161 85144078 Fax (7161851-4952 SMEW CAFE A PLICA TION Date 20 m Applicant Nam A3 t� = D)B/A — 2 - _ Location ofBusiness Street Zip Code / Home Phone Business Phone � - Dimensions of Cafe tJ 1 - 6 Number of Tables � - -� t � � - Number of Chairs Briefly" describe in what manner the Cafe boundaries will be installed (i:e. wooden deck with railings, wrought iron railings, flower boxes with rope attached). Nate: The Cafe, wa not be er anentl affixed to the Main I3aildin o� Publie �idewallc. S' -- ' Below Tease provide a drawing of the Proposed Cafe showing the existing buildirng, the area to be occupied by said Cafe, and the area of public sidewalk remaining for pedestrian passage (rase reverse side if more space is needed). a #e: t� �ivaam�a of faQr feet of wnte�°rrr tee ubtne si:dersr�ll� I�`Cl',S� evict at'ter irgstallatiom" of Cafe a swcappt E a INGLE PAGE. COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Ocotober 9, 2007 Dept. of Econ. Dev., Permit and Insp. Se ices [: #103 CCP 9118107 {: I� You have referred the above item for a comment from me. If approved, this item would purport to authorize the Buffalo Special Police to write quality of life tickets. I expect Local 2651 will state its own position about this item that would authorize volunteers to perform work now undertaken by represented members. I wish to point out that building inspectors are required take a state mandated training course that involves approximately 240 hours of class room work, to pass a state exam and to take 24 hours of continuing education courses each year. Many of the "quality of life" complaints that we receive in fact involve an assortment of issues from tall grass to issues impacting the structural integrity of buildings. Verbal warnings, letters of violations, tickets, stop work orders and housing court summons are used based upon the circumstances and in compliance with Administrative Order 2007 - 011. Chiefs review the decisions of inspectors and discuss Departmental policy with staff. I do not believe we could achieve the desired uniformity, consistent policy and oversight over a volunteer work force.The volunteers could not be expected to understand or properly respond to building code issues. Finally, it would be virtually impossible to establish a coordinated approach to code violation complaints. Requests for service on the same property would, in at least some instances, be directed to both my department and the volunteers. This would lead to duplicate citations for the same offense. SIGNATURE DEPARTMENT HEAD TITLE: Richard M. Tobe Commissioner Department of Econ. Dev., Permit & Insp. Services FER TO THE COMMITTEE N LEGISLATION. ,r 35 FROM THE CITY CLERK Oct 16, 2007 0 a 1_ SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL. TO: THE COMMON COUNCIL: DATE: October 10, 2007 FROM: DEPARTMENT: City Clerk SUBJECT: [:Notice of Intention f:Dedication and Street Naming j:Sydni Lane, Sycamore Village [:Subdivision Proj (PW)(CCP# 87,9/18,CCP# 31,914) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx, C.C.P. xx/xx /xx) Per your Resolution, this is to advise you that a public hearing for the above item is set for Tuesday, Ocvtober 16, 2007 at 2:00 pm in the Council Chambers and will be advertised in the Buffalo News on Friday October 5, 2007 and Friday October 12, 2007. SIGNATURE DEPARTMENT HEAD TITLE: City Clem Notice of Intention - Dedication and Street Naming Sydni Lane, Sycamore Village Subdivision Proj (PW)(CCP# $7,9118, CCP# 31, 914)(Hrg 10116) 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. cok 00-j On a motion by Mr. Bonifacio, seconded by , the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances -- l�f' t Mr. Bonifacio now moved that the hearing be closed. Seconded by CARRIED Mr. Bonifacio now moved approval of said item. Seconded by ('1 ( V) ( V i S PASSED AYES - 9 NOES -- 0 Mr. Bonifacio moved: That the above communication from the City Clerk dated October 10, 2007 be received and filed; and That, after a public hearing held on October 16, 2007, the Common Council hereby approves and dedicates the prospective right -of -way detailed and set forth in Item No. 31, C.C.P., September 4, 2007 as Sydni Lane. Passed 31 TAB:rmv `[':wp60\m 13 I c 10- 1 Ga.doc zi 0 43 Im Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 88 W. Chippewa,Street Buffalo. .14202 2022 Seneca Street Buffalo 14202 RECEIVED AND FILED Business Name Chipdol Corporation Ower's Name James S. Alfieri Francesca's Italian Cuisine, Inc Mary Anne Marchione jl Oct 16, 2007 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 Commun BoardlMunici all# James S Alfieri City of Buffalo 253 Norwalk Ave Office of the City Clerk Buffalo, NY 14216 City Hall RM 1308 10/23/07 65 Niagara Square 535 Washington 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: NYS Liquor Authority Room: Buffalo, NY 14202 Electric Tower Building Suite 303 10/23/07 10:00 AM 535 Washington St. Buffalo, NY 14202 An on- premises liquor license application was filed on _,J! f j with the State Liquor Authority for the following premises: Applicant's Name: Chipdel Cornoratian Premises Address: gg W Chippewa St Buffalo, NY 14202 Testimony will be taken from: the applicant and/or an authorized representative, an individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre- registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at ( 716 ) 847 - 3060. Individuals who do not pre - register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote ' during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. THERE WILL BE NO ADJOURNMENT OF THIS HEARING. STATE LIQUOR AUTHORITY DATE BY: Brandon W Noyes, Executive Officer, Zone III FORM: L.D.3 (8105) cb OUT 1 6 2007 226 Abbot Road Buffalo, NY 14222 September 25, 2007 Buffalo City Clerk 1302 City Hall 65 Niagara Square Buffalo, NY 14202 To Whom It May Concern_ By this letter, the City Clcrk of the City of Buffalo, New York., is hereby given notice (in compliance with the Alcoholic Beverage Control Law, Section 64, subdivision 2a) that aacesczk - s F A"'s Italian Cuisine, Inc. intends to file an application with the New York State Liquor authority for an on- prerniscs liquor license to be used at the premises commonly known as 2022 Seneca Street, Buffalo, New York, 14202. Mary Anne Marchione, President ��3 t 0 0 44 No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor /Mayor Executive- Comptroller- Common Council- Assessment and Taxation- xx Public Works, Streets & Parks- Kenyetta Gray, ,lames Rusin xx Police- Dana Goron xx Fire- Christopher Moore 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. ii r Oct 16, 2007 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL .i TO: THE COMMON COUNCIL: DATE: September 28, 2007 1 FROM : DEPARTMENT: PUBLIC WORKS, PARKS & STREETS DIVISION: WATER SUBJECT: [: PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) EXTENSION OF MEDICAL LEAVE OF ABSENCE KENYETTA GRAY, ACCOUNT CLERK DIVISION OF WATER Please be advised that I have granted Kenyetta Gray, 52 Maryner Homes, Buffalo, New York a three (3) month extension to her Medical Leave of Absence. This leave will expire December 21, 2007. TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak — D,-'�.- TYPE TITLE: Acting Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: J� # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: FROM : DEPARTMENT DIVISION DATE: October 2, 2007 PUBLIC WORKS, PARKS & STREETS WATER SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) Medical. Leavy_* of Absence James Rusin Water Meter Mechanic Please be advised that I have granted James J. Rusin, 30 Barnard Street, Buffalo, New York 14206 a one (1) year extension to his Medical Leave of Absence. This leave will expire September 25, 2008, TYPE DEPARTMENT HEAD NAME: Stephen J. Stepniak -' TYPE TITLE: Acting Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: # 1. (Rev. 1/93) Sinfle P a.ge C'omnzttnication to the Commmi ("otancil 1'o: The Common Council: Date: September 25, 2007 From: Department:.Fire Department Division: Administration Subiect: 1:1 Leave of Absence Type in. Upper and l.,ower Case Only Prior Council Rererence: (Lf Any) [: # Text (Type Sfiigle Space:) Be advised that Firefighter C hnstopher Moore's unpaid leave or absenec has expired; therefore his e111ployllent with tlae C.`ity of BLIff1do -Fire Depzartmelt is terminated as of September 22, 2007. Respectfully submittcd, Type Department Flead Name Type Title: Patrick T. LeNvis Deputy Iti.:re.ComMissioner Stgnattitre of Depttrtn7ent F -lead: CZ- 1'`I'l, /slk SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE September 27, 2007 FROM: DEPARTMENT: POLICE DIVISION SUBJECT: I: Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) Item No. Ex. ( Item No. xxx, C.C.P. xxlxx /xx) TEXT. (TYPE SINGLE SPACE BELOW Report Technician Dana Gordon assigned to the E- District has been granted a medical leave of absence without pay for the period of two weeks commencing September 26, 2007 through October 10, 2007. HMG /tlo I ` TYPE DEPARTMENT HEAD NAME: H. McCarthy Gipson TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P -12e DATE: NAME: `SSN: XXX Y-- XX - {� ** L.AST POUR (a) DIGITS ONLY- RANK:' UNIT: TYPE OF LEAVE EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ MEDICAL 9 FAMILY MEDICAL ❑ MILITARY ❑ PERSONAL ❑ • THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCES IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS, MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE, FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE: l DATES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: LJ I 0A 0 l � A 0 = i 1 . J APPROVED / DENIED 1 APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT P 0,W6f IN WE CTOR DATE APPROVED 1 DENIED 1 APPROVAL CONDITIONED UPON SURRENDER OFDEPARTMENTAL EQUIPMENT POLICE COMMISSIONER T DATE ;' CC: ORIGINAL — ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL 07 �. m EMPLOYEE SIGNATURE 0000-11 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 xx Buffalo Sewer Authority 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. Oct 16, 2007 #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE Oct 10, 2007 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 October 10, 2007, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman John D. Kennedy, Sr., Vice Chairman Christopher Roosevelt, Assistant Vice Chairman Eleanor C. Wilson- DiVincenzo, Secretary John E. Kennedy, Jr., Assistant Secretary DEPARTMENT HEAD NAME: DAVID P. COMERFORD TITLE: GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD. ' J. / t� 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. Oct 16, 2007 #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 appointrnent(s) or pronrotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works Streets Laborer II Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non- Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT �Entcr Starting Salary) : Starting Salary of: $8.15 hr. LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Clayton Maynard DATE ADDRESS 106 East Morris CITY & ZIP Buffalo, NY 14214 LAST 4 DIGITS OF SSN, XXX - XX - 2 243 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. X - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 1000 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 15030001 PROJ. ID 412002 PERSONNEL REQ. NO 2006 -102 SALARY RANGE OF POSITION $8 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Acting Commissioner DATE: '1.019107 C t [ SIGNATURE OF APPOINTING AUTHORITY:. ORIGINAL + 3 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) 000042 NF No. Appointments -- Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Oct 16, 2007 #4 (Rev 7 -07) Certificate of Appointment 1rr compliance with provisions of Section 24 -2 of the Charter and Crispier 35 -1 of the Ordina €toes of the City of Buffalo, i transmit this certification of appoiu[meltt(s) or promotion(s). t further certify that the person(s) milted in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the t) elm rt€nerlt of Division of to the Position of 10/1512007 Fire Fire Account Clerk Typist Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVISIONAL, Open - Competitive, Promotional, Non - Competitive, (Insert one) OPEN- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting, Salary of $ 26,270 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XX -XX -7005 NAME Elizabeth Lewis ADDRESS 146 Choate Avenue CITY & ZIP Buffalo, 14220 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 12133001 TITLE CODE NO 0401 BUDGET ACCT. OBJ. PROD. ID PERSONNEL REQ. NO 2007 -95 SALARY RANGE OF POSITION 26,720 - 29,259 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING, AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY Patrick T. Lewis Deputy Commissioner 1011! 7 ORIGINAL + COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER 44- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE (S 113 (Rev 1 -02) Certificate of Appointment III cornhliauce with Provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinranccs of the City of Buffalo, 1 transmit this cerlitication of appoiniment(s) or pronrotion(s). I further certify that the person(s) named in Schedule "A" have becn cei lificd or approved by the Human ltcsousrceslCivil SCI tier the Appoi.ntnient Effective: September 17, 2007 in the Department of Community Services Division of Substance Abuse Services to the Position of Reimbursement Specialist Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL. Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) MINIMUM �Eintcr Sta iting Salary) : Starting Salary of: $28,415 LAST .JOB TITLE Junior Accountant NAME Franklin S.M. Carter LAST DEPARTMENT Community Svices. DATE 4124106 ADDRE=SS 10 Avery Avenue LAST SALARY 28,772 CITY & zip Buffalo 14216 LAST 4 DIGITS OF SSN, X - XX - 5743 LAST JOB TITLE NAME LAST DE=PARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DI GITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGE=T ORG. CODE= 1 5507001 TITLE CODE NO 0421 BUDGE=T ACCT, OBJ. 41101 PROD. ID PERSONNE=L REQ. NO 2007 -55 SALARY RANGE OF POSITION 28,415- 30,808 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Tanya Perrin - Johnson TITLE_ OF APPOINTING, AUTHORITY: Commissioner DATE=: 9111107 SIGNATURE OF APPOINTING OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL 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: 1r) / l/ 16 t l in the Department of Division of to the Position of Public Works Streets Truck Driver Permanent, Provisional, Temporary, Seasonal (insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM Enter Starting Salary) : Starting Salary of $27,464 LAST JOB TITLE Laborer I NAME Carmen Pace LAST DEPARTMENT DPW DATE 10/07 ADDRESS 230 Tacoma Ave. LAST SALARY $25,431 CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN, XXX -)(X-1504 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 1000 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 52002601 PROD. ID 411001 PERSONNEL REQ. NO 2007 -070 SALARY RANGE OF POSITION $27,646- $30,793 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak ?. TITLE OF APPOINTING. AUTHORITY: Acting Commissioner DATE: 9/07 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK {ON/BEFOR APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEEIS) v 1 -02 !!3 (12e ) Certificate of Appointment ]n compliance with pl or Section 24 -2 of the Chnrter and Chaptcr 35 -1 orntic Ordinanees of the City of Buffalo, 1 transmit t]iis certiiieatimi of appointtimil(s) or promotion(s). 1 further ca'tify ilia( the pefsori(s) named in Schedule "A" have been certified or approved by the 11LIMan ResaireesWMI SCI - ViCe 1 the Appointment Effective: 10/02/2007 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 tEnter Starting Salary) : Starting Salary of. $10.25 LAST JOB TITLE Sr 1 5t Cl Stationary Engineer NAME Keith M. Rathbun LAST DEPARTMENT Buildings DATE 09/09/07 ADDRESS 239 Cumberland Avenue LAST SALARY $10.25 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -6618 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: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Acting Commissioner of Public Works, Parks & Streets DATE: t4 2007 SIGNATURE OF APPOINTING AUTHORITY: I_ ORIGINAL + 3 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVOON #10- EMPLOYEE(S1 M . NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS Oct 16, 2007 0000 DOMINIC J. BONIFACIO, JR. NIAGARA DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1504 City Hall BUFFALO, NY 14202 - 3318 PIIONI: (716) 851 -5125 ♦ FAX: (716) 851 -4970 Email: dbonifacio@city- bi)ffalo.com October 15, 2007 Gerald Chwalinski City Clerk City hall, Room 1308 , Co (Count" City of Buffalo MAJORITY LEADER Re: Buffalo Maritime Museum Project / Lake Erie Schooner Exhibit Dear Mr. Chwalinski: CHAIRPERSON Bl1r)G F'r BI- NATIONAL BRIDGE COMMITTEES COMMUNITY DEVELOPMENT FINANCE LEGISLATION LEGISLATIVE ASSISTANT CHMSTOPHER P. SAVAGE Please file this packet regarding the Buffalo Maritime Museum Project / Lake Erie Schooner Exhibit for the next regular meeting of the Common Council on Tuesday October 16, 2007. Thank you. Very Truly Yours, "4 Dominic J. 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Aaujojjv loafoid -' dtoic') aaou>j ail 01- uojeasa�j IseayIJoN 'oul `Alai bS .ua� naasaa &'euelpeueo . sS C I , . .r7 00 e. 0 4 4 Memorandum To: " Deputy City Clerk Gerald Chwalinski (3 copies) From: Program Packaging and Development Services (PPDS) Provider Date: October 2, 2007 Regarding: Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on October 1, 2007: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated September 10, 2007 3. Fully Executed Phase II Application and Certificate for Payment No. 35 — August 2007 4. Phase II Application and Certificate for Payment No. 36— September 2007 5. Phase III Application and Certificate for Payment No. 6 — September 2007 6. Program Packaging and Development Services (PPDS) Provider Update 7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase 11 Project -- August 2007 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase III Project --- August 2007 9. Buffalo Niagara JOBS Initiative Update 1 � REFERRED TO SPECIAL COMMITTEE O : WA` ION :., BRIAN C. DAVIS ELLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1408 BUFFALO, NY 14202 -3322 PHONE: 851-4980 • FAX: 851-6576 E -mail: bdavis ®city- 6uffaloxom October 9, 2007 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 CHAIRMAN FINANCE INCLUSION COMMITTEES BUDGET CLAIMS EDUCATION MINORITY & WOMEN BUSINESS JOINT SCHOOLS CONSTRUCTION BOARD BUFFALO PLACE Re: Opposition to sale /reuse of 390 Hudson Street to Friends of the Night People Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held October 16, 2007. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Councilmember Common Countff City of Buffalo "Communication is the key for a better tomorrow" ALLENTOWN ASSOCIATION r A 40+ Years of Community Service 1 -' �6� 14 ALLEN STREET, BUFFALO NEW YORK 14202 WWW.ALLENTOWN.ORG * (716) 881 -7024 October 4, 2007 Mr. John Hannon Director of Real Estate Buffalo City Hall 65 Niagara Square Buffalo, NY 14202 RE: Opposition to sale/reuse of 390 Hudson St. to Friends of the Night People Dear Mr. Hannon, As president of the Allentown Association, I'm writing to you today to communicate the Allentown Association's unilateral opposition to the reuse of 390 Hudson Street as a parking lot and its sale to the Friends of the Night People. The Allentown Association is opposed for the following reasons: 1.) Loss of tin - street parking for Hudson Street residents The creation of a parking lot would diminish the on- street parking available to residents. This would be a further blow to the neighborhood as a year ago, the city -owned parking; lot on Wadsworth and Hudson Sts. was privatized and residents no longer have access to that parking area. Parking is now at an absolute premium and the neighborhood cannot afford to lose any more parking spaces, especially since there is no on- street parking on Wadsworth Street at any time. Even the loss of one on- street parking space is completely unacceptable to the residents of Hudson Street. It could mean the difference of an elderly resident having to carry their groceries further or an ill resident having to walk further. 2.) Inap prop riate_ development and land use for Allentown The Allentown Historic Preservation District is a densely -built area noted for its historic architecture. It is absolutely an inappropriate use to create a parking lot. Not only does this set a negative Allentown precedent, it is not the highest and best land use for the land, The Allentown Association feels that the land could be used to expand the house on the south on Hudson Street (388), possibly for an addition to that house, Or possibly construction of it new house on the site. In the interim, a community garden would be a fine use until a permanent solution can be found. A parking lot, on the other hand, is an absolutely inappropriate use for the land, especially one so close and visible from Wadsworth/Allen Street, the backbone of the Allentown community. t A October 4, 2007 Page Two 3.) Opposition to the expansion of Friends of the Night People operations in the Allentown neighborhood While the Association is supportive of the principle of the mission of Friends of the Night People, its negative impact on the Allentown community cannot go unchallenged. The houses along Wadsworth Street are largely abandoned and derelict. As a long -time board member and now leader of the Allentown Association, I have met with most of the property owners along Wadsworth Street. Many of them have left the area because of the negative impact caused by behaviors of the Friends of the Night people's clients. The subsequent poor condition of the properties on Wadsworth, and to some extent on Hudson Street, has had a compounding negative effect on the entire Allentown community. The fact that friends of the Night People is attempting to buy and create a parking lot adjacent to their structure at 394 Hudson Street strongly suggests that the building no longer meets their requirements. This is further evidenced by the poor quality vinyl windows that were installed in the building several years ago. Not only are these windows very visible from Allen Street, but neighbors wonder why they are held to a standard for their own homes in a preservation district to which friends of the Night People is not. Again, if Friends of the Night People does not have the resources to maintain their building to the standards of Buffalo building and preservation codes, there are countless buildings outside of a preservation district that could hest their organization. Similarly, the structure at 394 Hudson Street no longer meets the parking requirements of Friends of the Night People. Their volunteers and support organizations (Planned Parenthood, etc.) park illegally on the sidewalk and near Wadsworth Street, creating a safety hazard for the surrounding; community. Under no circumstances should Friends of the Night People be allowed to purchase and create a parking lot at 390 Hudson Street and exacerbate their negative impact to Allentown, as articulated by the reasons above. If you have any questions or require additional explanation, please feel free to contact me. Sincerely, Christopher N. Brown President cbrown4884@aol.com Copy; Mr. Richard Baer, Buffalo Preservation Board Hon, Brian C. Davis, Ellicott District Councilman Mr. Richard Tobe, Commissioner of Permits, Inspections and Economic Development Days Park Block Club Kleinhans Community Association Block Club The Allentown Association, Inc. is a 501(C)3 not for - profit association formed in 1962 to encourage preservation and improvement of the 36 -block national historic district in Buffalo known as Allentown. The Association's mission is to serve the neighborhood encompassed by the Preservation District and to ensure its vitality as a first -rate urban neighborhood for families and individuals as well as a vibrant commercial and dining district attracting visitors from around the world. REFERRED To THE COMMITTEE 0 N F �E'. fj trt trt o rt C ju u n c it City of Buffalo BRIAN C. DAVIS ELLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1408 BUFFALO, NY 14202 -3322 PHONE: 851 -4980 • FAX: 851 -6576 E -mail: bdavis@city- buffalo.com October 9, 2007 Gerald Chwalinski, City Clerk 1302 City J1all Buffalo, New York 14202 Re: Mrs. Freda Daniels' Auto Accident Claim Dear Mr. Chwalinski: CHAIRMAN FINANCE INCLUSION COMMITTEES BUDGET CLAIMS EDUCATION MINORITY & WOMEN BUSINESS JOINT SCHOOLS CONSTRUCTION BOARD BUFFALO PLACE Please file the attached item for further discussion at the next Common Council session to be held October 16, 2007. Thank you in advance for your assistance with this platter. Sincerely, Brian C. Davis Ellicott District Councilmember REFERRED TO THE COMMITTEE ON CLAIMS® l "Communication is the key for a better tomorrow" 2007-OCT-05 01:3VIA FROM-LEGISLATOR BARBARA MILLER-WILLIAMS A fFR/t- COUNTY LEGISLI"ITURE BARBARA IWILERI-W)WAMS LEGI�c�'1`01 �-,iRl) DISTRIGY +2 T-669 P-001/003 F-320 C1 427 William Street Buffalo, New York 14204 - 7161842 -0490 FAX: 716/854-5722 (J 92 Franklin Street, 4th Floor Buffalo, New York 14202 7161858-8869 FA)(- 7161858-8995 FAX TRANSMITTAL DAIE NUMBER OF PAGES ATTENTION: FAX C 1 4e" 0 , V _: I pi jp_ NIFYSAC � a—,- e are here to se.iwc the Coinmunit) � / � 5 4 ' 2007 01 IMM `'POI, BARBARA MILLER-WILLIAMS +2 T-669 P -002 /DOS F-320 DEPARTMNT OF LAW 1132 City Hall Buffalo, New Yark 14202 (716) AS 1.4340 W 40 W x � 3W 4Dk IP 4 0 jr, JVA. z mm (?LUSE RFAD M INSTRUCTION SHEET) NAM OF ATTORN (IF A", (FOR ACCOUNTMG VURPOSES) ic ZIP _VRON8 ADDRE810— CITYtSTATL ____ ___,_..__,. ZIP DATA GIV Mls�la r Timm pLA(, ap am Tei c.Tvp. 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(YOUR HOUSE, 04RAGX TRH, FEN , DRIVEWAY, LAW E7Cj HOURM POL70Y NO t e Cit { to ZIP Cott* Phone LC�Ct� L C#T i NAME PHONE —_ city/State zip Carle , HAVE YOU F'ILAD A CLAIM WITH YOUII INSUIiANO$ COMVANV vrs 000047 City of Buffalo BRIAN C. DAVIS ELLICOTT DISTRICT COUN01, MEMBER 65 NIAGARA SQUARE, ROOM 1408 BUFFALO, NY 14202 -3322 PHONE: 851 -4980 • FAX: €351 -6576 E-mail: bdavis�Pci # buffaloxom October 9, 2007 Gerald Chwalinski, City Clerk 1302 City hall Buffalo, New York 14202 Re: Legal Aid Bureau September 2007 Monthly Report Dear Mr. Chwalinski: cH ArRnanly FINANCE INCLUSION CommI I TEES BUDGET CLAIMS EDUCATION MINORITY & WOMEN BUSINESS JOINT SCHOOLS CONSTRUCTION BOARD BUFFALO PL ACE Please file the attached item for further discussion at the next Common Council session to be held October 16, 2007. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Councilmember • I �. "Communication is the key for a better tomorrow" THE T GAL ATD BUREAU OF BUFFALO, INC. DAV[n C. SO 101 1 1' E.xecotivc Attorney 237 Main Street - Suite 1602 Buffalo, New York 14203 -2778 Phone 716 - 853.9555 Fax 716 - 853 -3219 CIVIL, LEGAL SERVICES UNIT Maff AlFomtys TASA R, GRADA.M.TVIc $11F;fiEtf 1: MEADOWS October 3, 2007 Gerald Chwailnski, City Clerk City Ilall, 13 Floor 65 Niagara Square Buffalo, NY 14202 Attn: Mon. Brian C. Davis Chairperson of Finance Committee Dear Chairperson Davis, Enclosed please find a copy of our Monthly Reports for September 2007. If you have any questions, please feel free to call me at 853 -9555 Ext. 453, or our Housing Attorney, Sherree Meadows, at 853 -9555 Ext. 555. Very truly yours, I. Dorothy 4 Loke - Adams Investigator Housing Unit Enclosures RECEIVED AND HLED T"E LEGAL AID BUREAU OF BUFFALO, INC. ROUSING COMPONENT of the CIVIL LEGAL SERVICES UNIT MONTHLY REPORT FOR SEPTEMBER 2007 Cases on Hand on September 1, 2007 291 New Cases Received 45 Closed Cases Reopened 0 336 Cases Closed 24 Cases on Hand on September 30, 2007 312 C;oUrt Appearances: I 13 Sherree Meadows, Esq. 113 Total Cases Received Since January 1, 2007 315 Total Cases Closed Since January 1, 2007 266 DAVID C. SCI-1 PP EXECUTIVE ATTORNEY The Legal Aid Bureau of Buffalo, Inc. Mousing Component of the Civil Legal Services Unit Septeniher 2007 Report Page 2 SOURCE1 OF CASES Former Client 7 Ref 13y Dormer Client 0 Lawyer 0 Agencies 0 Publicity 0 City 34 County 0 State 0 Federal 0 Other 4 45 CI,ASSIRCATION OF CASES Contracts 0 Evictions (Property Condition At Issue) 0 Evictions (Property Condition Not At Issue) 3 Evictions (Discrimination) 0 Foreclosures (Tax, Sewer Rent, User Fee, Water) 24 Lock -Outs 0 Ordinance Violations 14 Repairs I Security Deposit I Water Shut -Offs 2 Miscellaneous 0 45 SOURCE: OF INCOME Employed 13 Welfare 4 Unemployment Insurance 0 Social Security /Pension. 8 Disability 12 Other 8 45 The Legal Aid Bureau of Buff a o, Inc. Housing Component of the Civil Legal Services Unit September 2007 Report Page 3 1. INVESTIGATED & CLOSER AT INITIAL INTERVIEW a. Financially Ineligible 0 b. Referred Elsewhere 2 C. Advice; Only 3 d. Conflict 0 5 II.. DISPOSE; OI WITHOUT LYFIGATION AFTER INITIAI, INTERVIEW a.. Investigated & Advised 0 b_ Settled 1. C, Other 0 I Ill, EVICTION LITIGATION a. Successfully Concluded for Landlord 0 b. Unsuccessfully Concluded for landlord 0 C. Successfully Concluded for Tenant 0 d. Unsuccessfully Concluded for Tenant 0 C. Problen Resolved 0 0 IV. ORDINANCE VIOLATION LITIGATION a. Successfully Concluded I I b. Unsuccessfully Concluded 2 c. Other 3 16 V. MORTGAGE IAORIECLOSURE,S a. Successfully Concluded 0 b. Unsuccessfully Concluded 0 e. Other 0 0 VI. FORECLOSURE LITIGATION (Taxes, Sewer Rent, User Pee, Water) a. Successfully Concluded 0 b. Unsuccessfully Concluded 0 0 T' - L egal Aid Bureau of Buffalo, Inea Housing Component of the Civil Legal Services Unit September 2007 Report Page 4 VII. OT HEIR LI'T'IGA'T'ION a. Successfully Concluded I nuergency Motions 0 b. Urisuceessfully Concluded Emergency Motions 0 C. Other — Successfirlly Concluded 0 d. Other - - unsuccessfully Concluded 0 {) VIII. T.F.RMINATED BY (IAENT a. L,al)sed 0 h. Withdrawn - Problem Resolved 0 C. Withdrawn - Other 2 0 24 ;y MONTHLY ACTIVITY REPORT CDI3G YEAR 33 THE LEGAL AID BUREAU OF BUFFALO INC. SEPTEMBER 200' SUMMARY OBJECTIVE To provide services to a total of 205 unduplicated program participants by the end of the contract period. T NUMBER OF UNDUPLICA`T'ED PERSONS SERVED THIS MONTH: 45 (exclude persons served during the previous months of this CDI3G year) 4601 UNIT OIL SERVICE, OBJECTIVES To provide Client interviews /Advice for 1-lomeowners, Landlords, Trenants serving an average of I participant per session, and offering at least 15.5 sessions per month for 10 months during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: (attendance this month) 58 4602 To Provide Court Appearances for Homeowners Landlords & "Tenants serving an average of 1. participant per session, and offering at least 50 sessions per month, for 10 months during the contract year. UNITS OF SERVICE, DELIVERED THIS MONTH: 113 (attendance this month) 4603 UNIT OF SERVICE 013JECTIVES To provide Settlement Neglotiatio for homeowners, Landlords, 'Tenants serving an average of 1 participant per session, and offering at least 4 sessions per month for 10 month during the contract year. UNITS OF SERVICE DELIVE 2ED THIS MONTH: (attendance this month) 2 4604 To provide Investigations of fjousing Conditions of Homeowners Landlords Tenants (target group) serving an average of 1. participant per session, and offering at 4 sessions per month, for 10 months during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 75 4605 `1'o provide Advice over the Telephone for Homeowners, Landlords, Tenants (target group) serving an average of 1 participant per session, and offering at least 150 sessions per month, for 1_0 months during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 4606 261 To provide Presentations for Ho meowners Landlords Tenants (target group) serving an average of 25 participants per session and offering at least 2 sessions during the contract year. 1 UNITS OF SERVICE DLLIVERI D `PHIS MONTH: 0 0 0 0 4> ........... ENERGY CURTAILMENT SPECIALISTS, ING. 9/26/07 David A. Francyk C:om.nrorr Council President 1315 City Hall Buffalo, NY 14202 Deal Mr. Pranczyk: Company Headquarters 3735 Genesee Street Buffalo, NY 14225 Toll Free #: 1.877.711 .5453 Fax; 716.565.0506 E -mail: into @ecsny.com www.ECSNY.com 0 ft"I(A My name is Brendan Biddlecom and i am the Program Manger at Energy Catr�t��rriarrettt Sjrccicalists, Inc. (ECS), a Buffalo -based energy company that is the largest Denrand Response :Provider in the United States_ The reason :I am writing is because 1 have been in contact with Paul Wolf about the possibility of enrolling eligible City of Buffalo lacilitics in our dernand response prograrn, "Operation Save New York." Ifunamiliar, demand response is a viable resource option for reducing peak electricity to help stabilize the power grid during supply shortages. This much needed capability comc;s to New York at a tirne when additional capacity is necessary in the face of increasing demand for electricity and the likelihood of continued shortfalls. We currently manage a portfolio of resources that represents over 50 % of the New York. State's demand response reserves, or approximately 600 MW's of electricity. Participants corn from a variety of industries including all areas of the rnanul'acturiJlg sector, school. systcrns, hotels, lrcalthcare facilities and various municipal /government al entities. By participating in "Operation. Save New York ", ECS pays you significant dollars for agreeing in advance to reduce sornc level of your power usage on "peak usage" days. Notification takes place a day in advance, with participants being contacted via phone, fax, e -mail, pager etc. Onco this notice is received, the participant will typically prepare for reducing their electric use on the following day. This may .involve shifting production. schedules (ifnranufacturcr /industrial), notifying staff, switching to secondary power sources, initialing 11VAC shut downs /reductions, etc. Long bctbrc a call for a reduction is ever made, ECS will provide you with insight as to what loads yield the most redaction. ECS will also provide a demand response audit at the facility as needed or requested by the participant. A few other notable items • You are paid a rnininnun guaranteed arnount per kilowatt annually based on the amount of the committed curtailable load or reduced electric (capacity payment). This "curtailment" results frorn load shedding (reduction) and/or the operation of on -site generation. • You also qualify for additional paynrcnts based on the anrornrt actually reduced and the duration of that curtailment, during; an energy crzrergency (energy payment). You are paid just as if you arc kt power plant selling electricity to the NYISO. • There is no cost to participate! You will never pay a dime for rnetering, enrolling, or anything else. .ln Fact, if you have an on -site generator and you are running it as part of your participation in this progrun, EVS even reimburses you for the fuel expense (natural gas or diesel) associated with doing so. • Historically, there has only been between 2 and 4 requests for reduction per year, from a minirnurn of I horn' to a maximum of 4 hours on those days. • If you reduce electricity as requested ffrr only I hour in the winter and 1 horn` in the sumrrrcr, you will be paid your capacity payment. If the call is Im 3 hours and you only perform for I hour, you may be affected in future periods by being de- rated, but you will receive the capacity payment because you pe601111ed the I hour necessary. • No financial penalties for non - performance. If we call on you to curtail power and you don't, you will never be financially penalized by us. ECS does not impose financial penalties for non - performance. You will never be billed or charged hack for failing to meet your curtailment objective. • If you fail to perform, but do perform to some degree, you arc still paid for hove much you curtail. In other words, it is not all or nothing. The effect of failing to continually perl'orrn is that we may not ask you to remain in the program in later periods and you may be de -rated for the next seasonal periods. • There have been periods of time when NYISO didn't call a test or event at all. If no emergency event or test is called by NYISO, you still receive payment without any action on your part! • We install. interval metering at your facility free of charge. Also, tlrerc are no monthly service, data hosting or maintenance charges associated with the meter. This easily installed metering provides data you can utilize; to more effectively ruanage your facility's energy usage. There is no interruption to your facility during installation of the meter. Attached you will .fend recommendation letters thorn several of our more notable clients, as well as a few other supporting documents. As you review this literature, please consider that ECS has a distinguished track - record in the field of Demand Response, working with high profile customers like Wal -Mart, Alcoa, and the Marriott Corporation. Our experience, especially as it relates to New York's programs, is exemplified by the fact that among our management and advisory team are William hlynn (recently retired Public Service Commission Chairman in. New York State), Paul Afonso (recently retired Chairman of the Massachusetts Department of Public Utilities), Marie Pieniazek (former ranagement at NYISO that helped develop and analyze the demand curve in New York State) and Robert Doyle (former management within 'NYISO .Market Monitoring Division). Throughout the past few years, as NYISO has looked to modify the rules pertaining to the SCR program, ICS has played the lead role from the demand response provider perspective, filing comments and holding rrrect.ings and conference calls as necessary to advocate the expansion rather than the restriction, of demand response in New York and elsewhere. Our experiences have warranted attention on both the national and international scale as well. We have personally met with all tive 1+1W commissioners and in fact had Commissioner ,Ion Wellinghoff visit our office for an entire day to find out how we operate and how he can assist us at ff?RC. Internationally, we have been asked by the Irish and Canadian governments to assist thern in their dernaud response initiatives. The point is that there is no other provider with more experience or success than Energy Curtailment Specialists, Inc. If you have any other questions, please; don't hesitate to contact nre. Otherwise, please let me know when we can take this conversation to the next level. If.necessary, I'd be more than happy to come to council chambers to present the program, or if you'd prefer, we can set up a teleconference to go over the program in more detail. Sincerely, A tz � •, Brendan Biddlecoru Senior Program Manager Energy Curtailment Specialists To[] Free: 877 -327 -0032 x 286 Fax: 877-711-0506 www,ccsny_com REFERRED TO THE COMMITTED ON FINANCE OF PUBLIC WORKS Coluinbia _joins energy conservation program I Cra.in's New York Business Page i of 1 t.bt`eI3 r, G3 -' I (VVL 1 HE N..W o € .I; i r:i 1€ i is °zt t. 1 3 "WEi'y I s I NEW 10 FORTY J Columbia joins energy conservation program Horf D 1 11 adfino —e Published. February 22, 2007 - 3:21 pm In-�id Columbia University has signed on to an } R Ieoalth pulso i R1,N! I I € - 11S ,t t EJ', 'F.as'; Lists energy reductioi) incentive program f_.;';F,ii. 7C3 I= Ali: °_: F -Vonts called "Operation Save New York." i't�tctt'r;F The conservation, program, operated by l 1� 40 Mn&r Energy Curtailment Specialists, Inc. in . r . Buffalo, will pay the university for saving �crd� antiz€1 electricity in certain areas of its Art operations. Columbia will receive day - g^ , �_ , . , . sue;: g ahead notice of periods when the electric tt�. ici i Gare grid is forecast to be unstable, and will respond by turning off liglatijig, a�. iztaiit � elevators and nova- critical equipment, for example. �o-i3rl� lid rc�;=,6J:J1,'Et'�.ta�� irtx s tiaati�ar '� Without this kind of program, the typical way of dealing with t anv N todia imbalances on the electric grid is to enact rolling brownouts that leave iAiflfj €x t. ita; v9s conrrnunities in the dark without any warning. ,ionpr olii New York State's electric suppl is static, but demand is increasing I P � - ''ltAJtiC L;§5�5;y PO , q�(� >t every year. On Ant;• 2, 2oo6, one of the hottest days of the summer, RcA fil l Apporct the state set a record peak demand of 53,939 megawatts, up from s ahas ; i .Ea i tit�l.3 iaooUs record peak of 1,864 megawatts. Programs like "Operation Save" could po tenti ally lower demand by 3%, T BC: 4 i'Te ^coin£ Other schools participating in the program include the Pratt Institute, Polytechnic University, American Academy of Dramatic Arts, Cooper Union and Suffolk Community College. littp: / /www.iiewyorkbL] sines. cot' ztlal)ps/ pbcs. dlil at- licie?A [D- =1200702221FREE17022.._ 2/23/2007 THE GRANT -FERRY AssOCIATION 134 Dorchester Road . Buffalo, NY 14213 Tel. 716.597.4387. Email: iitfo.grant- ferry.org September 21, 2007 Hon. Joseph Golombek, Jr. North District Councilman 1502 City Hall Buffalo, NY 14202 Dear Councilman Golombek: I think the time has come where we can all say that Buffalo's population loss has been catastrophic for the entire region. We may debate the causes, but there is no question about the result. Shattered neighborhoods, loss of services, and palpable declines in quality of life characterize the majority of our neighborhoods. Unless we make repairs at this base level, we stand little chance of regaining our position as one of this nation's great cities. Great urban environments are what all successful cities have in common and they're not that hard to describe. Housing is an essential characteristic, of course, but successful neighborhoods feature dynamic commercial districts that provide a sense of community and definition, and ensure that services are readily available to residents without having to leave the neighborhood. Green space and public spaces are abundant and connected to the districts and there is so much activity that crime is dramatically reduced. Commercial districts also reflect the demographic nature of the area and don't require affluence as a foundation. Finally, they provide significant economic opportunity for everyone from teenagers to seniors. My contention is that our neighborhood commercial districts are profoundly important to rebuilding our neighborhoods at a micro level, but our city as whole. It is a primary means of addressing job creation, economic opportunity, and building the tax base. Consider: 1. Entrepreneurial opportunity and job creation - Collectively, small local businesses are the largest employer nationally and in our community, and provide the most new jobs to residents. We can best support the aspirations and dreams of our community by enhancing local entrepreneurial opportunities, especially in neighborhood commercial districts. 2. Circulating money - when purchases are made at locally owned businesses, more money is kept in the community because these businesses often purchase from other local businesses, service providers and farms. Studies indicate that a locally spent dollar circulates 6 -15 times in the local economy as opposed to once or twice for the dollar spent in a national chain. 3. Creating character and definition - Neighborhood commercial districts are integral to developing distinctive character. That character is what brings and keeps people in our neighborhoods. 4. Reduced environmental impact - Neighborhood commercial districts usually make more local purchases requiring less transportation. Their location in neighborhoods means less sprawl, congestion, habitat loss and pollution. I 5. Enhanced community investment and involvement - Local business owners live in this community, are less likely to leave, and are more invested in the community's fixture. b. Attracting new residents - A growing body of economic research shows that entrepreneurs and skilled workers are more likely to invest and settle in areas that preserve one -of -a -kind businesses and distinctive character. 7. Public benefits far outweigh public costs - Neighborhood commercial districts require comparatively little infrastructure investment and make more efficient use of public services compared to nationally owned stores entering the community. 8. Competition and diversity leads to more choice - Marketplaces of multiple small businesses is the best way to ensure innovation and low prices over the long -term. Neighborhood products based not on a national sales plan but on their own interests and the needs of their local customers, guarantees a much broader range of product choices. Given the points made above, I'm willing to say that no single factor is more important to our neighborhoods than the success of their commercial districts. What's more, I believe no sustainable progress can be made on other fronts unless this factor is addressed. The question now becomes, how do we best support, develop and nurture our neighborhood commercial districts? The answer is not to reinvent the wheel, but to apply a proven methodology that has worked in cities across the nation. To that end, I advocate the adoption of the "Main Street" approach as defined by the National Trust for Historic Preservation. My suggestion is that the City's erstwhile economic development not - for - profit, the Buffalo Economic Renaissance Corporation, immediately be transformed into an organization supporting and developing Main Street organizations in each of our neighborhood commercial districts. While you can research the Main Street concept outside the contents of this letter, let me provide some of the primary tenets of the program (freely adapted from the program description at www.mainstreet.org): • Organization involves getting everyone working toward the same goal and assembling the appropriate human and financial resources to implement a Main Street revitalization program. Supported by BERC, this would be an easier achievement than most such organizations have. • Promotion sells a positive image of the district. By marketing unique characteristics, an effective promotional strategy forges a positive image through advertising, retail promotional activity, special events, and marketing campaigns carried out by local volunteers (a key element and one of our City's best assets). These activities improve consumer and investor confidence and encourage commercial activity and investment in the area. • Streetseape involves getting the district into top physical shape. Capitalizing on assets -- --such as historic buildings and pedestrian- oriented streets —is just part of the story. An inviting atmosphere, created through attractive window displays, parking areas, building improvements, street furniture, signage, sidewalks, lighting and landscaping, conveys a positive visual message. Design activities also include instilling good maintenance practices, enhancing the physical appearance by rehabilitating buildings, encouraging appropriate new construction, developing sensitive design management systems, and long -term planning. • Economic Restructuring strengthens the district's existing assets while expanding and diversifying its economic base. The program helps recruit compatible new businesses to build a commercial district that responds to contemporary needs. Converting unused or underused commercial space into economically productive property also boosts the municipal tax base. As I said, this is not an exercise in reinventing the wheel. I suggest creating Main Street organizations throughout the city and supporting them in the same manner as is done in Boston, MA (see www .cityofboston.gov /mainstrects) where a significant portion of CDBG funds are committed Main Streets program. Funding is provided in four basic categories: program overhead, physical improvements, technical assistance and promotion. In Boston, individual programs are also teamed up with "corporate buddies" that contributes $5,000410,000 each year to operational expenses, as well as access to technical resources such as printing, marketing assistance, and volunteer projects. The Boston project has yielded some impressive results in the last decade, including: • 580 new businesses and nearly 4,000 new jobs, • over 165,000 volunteer hours, • 597 storefront improvement projects, • 741 businesses receiving design assistance, and • over $10 million private investment leveraged with program grants. I'm convinced we could equal or exceed those results here in Buffalo. This administration and council appears firmly rooted in a reactive mode. A problem is not noticed unless reported into CitiStat's reaction mechanism. Thus, we treat symptoms alone, and act as a municipal emergency room. As any expert will testify, this is the most expensive method of healthcare delivery and one which supports a perpetual cycle that drains resources away from addressing root causes. Incarceration, demolition, and public support of large -scale private enterprise are the municipal equivalents of open heart surgery. Now, we must build on initiatives such as CitiStat and take them to their logical conclusion with organic governmental structures, that include ties into the neighborhoods through mechanisms such as "Main Street" networks. Until we commit to encouraging healthy urban life, we will waste diminishing resources and continue to betray our children and all those who come after us. The last four decades have seen us employ little creativity in efforts to reverse negative trends. We've become generic recipients of generic state and federal aid and, in the process, lost our identity as a city and become fully engulfed in the poverty industry. We are now the municipal equivalent of the individual who buys scads of lottery tickets, lowers expectations for children, doesn't read books, has limited understanding and exposure to the surrounding world, and doesn't notice the slow, but steady, deterioration of his house and neighborhood. It's time for us to get up from the QuickDraw table, wipe the sand out of our eyes, accept our responsibility for the health and welfare of future generations, and fix up our house. Thank you for your attention. I hope we can discuss this strategy further and I'm available to contribute to such discussion at any time. It is, in fact, my hope that I can present this issue in detail to the Council's Community Development Committee. I look forward to hea 'ng from you, - , , "' A 9- «,. --1- , REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT,COMM_ OF ECONOMIC DEV PERMIT & INSPEC AND OFFICE OF STRA'T'EGIC PLANNING VA) 4,P00 MICHAEL P. KEARNS SOUTH DIS TRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, IVY 14202 -3318 PHONE: (716) 8S1 -5169 o TAX: (716) 851 -4294 E -mail: mkearnsgci €y- buffalo.com CHAIRMAN CLAIMS WATERFRONT DEVELOPMENT COMMITTEES FI IJCATION FINANCE LEGISLA - 110N SENIOR LEGISLATIVE ASSISTANT JENNIFER L. WISTERHOLT LEGISLATIVE ASSISTANT MART] MLIRPIIY MEMORANDUM "1'O: Gerald Chwalinski FROM: Council Member Kearns DATE: October 10, 2007 R1: Letter from Carl Hoepfinler (Buffalo Fire Museum)- 1���'• 1 would like to file the attached information for the next Common Council meeting; to be held on October 16, 2007. Thank you. "F th People, " �uffato ,Fire �t',5tortfrat SHU!6eum 25 Annf b eroarp 19S2 - 2007 1550 V i iam *trees 39 QV 14206 - jobone S -S400 "The Firehrary !" Web. Site: h September 24, 2007 Council Members City of Buffalo Ladies and Gentlemen, On behalf of the Buffalo Fire I- Iistorical Society, I would like to thank all the members of the Common Council for the very pleasant surprise at our General Meeting Wednesday, September 1.9, 2007. It is a great honor to be acknowledged by your distinguished members for the 25 years of work that so many of our volunteers have accomplished in making our Fire Museum one of the best in the country. The Proclamation lists some of our artifacts, however I would like to add that the Fire Museum has one of the most extensive varieties of memorabilia anywhere in the country. We invite you, your family, friends and associates to visit our Fire Museum. Although we are officially open on Saturdays, we would be glad to open for a special tour during the week, when it is convenient for any and ail. The Fire Museum is not only a history of the Fire Department, but also a history of the progress of the City of Buffalo. A special thank you to South District Council Member Michael P. Kearns who presented our Dire Museum with the Proclamation naming September 15, 2007 as "The Buffalo Fire Historical Society Day" in the City of Buffalo. Thank you, also to Lovejoy District Council Member, Richard A. Fontana and City Clerk, Gerald Chwalinski. We will display this Proclamation proudly. Sincerely, l jlal�- C Carl J. I-Ioepfinger President Buffalo Fire Museum R WED AND FIL �� The Al uffato Common Council MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY [HALL BUFFALO, NY 44202 -3318 PH ONE: (7T6) 851 -5169 ♦ FAX: (716) 851 -4294 F -mail. mkeams@dty- bL1ffa10.00111 CHAIRMAN CLAIMS WATERFRONT T7FVF.1,01'MFNI COMMITTEES EDUCALION FINANCE LEGISLATION SENIOR LEGISLATIVE ASSISTANT JENNIFER L. WESTFRf 101-T LEGISLATIVE ASSISTANT MART[ MURPJ iY TO: Gerald Chwalinski FROM: Council Member Kearns DATFI': October 11, 2007 .RE: Michael Cerrone, Trustee -- Village; of Hamburg I would like to file the attached information for the next Common Council meeting to be held on October 16, 2007. Thank you. 'Fora the People' Michael Cerrone Trustee -- Village of Hamburg RESOLUTION WHEREAS, the Village of Hamburg is a municipality of about 10,000 residents approximately 10 miles from the southern border of the City of Buffalo; WHEREAS, the New York State Department of Transportation ( "NYSDOT ") is currently reconstructing Routes 62 and 391 in the Village of Hamburg; WHEREAS, the NYSDOT's reconstruction plan for Routes 62 and 391 in the Village of Hamburg utilizes a state -of- the -art context - sensitive design which includes four modern roundabouts replacing six outdated and inefficient traffic signals, narrow 10 -feet wide travel lanes, bike lanes, widened sidewalks, the retention of on- street parking, inset parking with curb extensions, several mid - block pedestrian crossings, and the transformation of acres of asphalt into three new green spaces, among other progressive design features; WHEREAS, the NYSDOT, through their reconstruction design for Routes 62 and 391 in the Village of Hamburg, has recognized that good road design that accommodates the needs of all users, motorists, pedestrians, and bicyclists, can be a catalyst for revitalization and economic development; WHEREAS, the NYSDOT is planning to reconstruct Route 5 in the southern portion of the City of Buffalo; WHEREAS, the NYSDOT offered three options for the reconstruction: (1) reconstruct the roadway as is; (2) eliminate the raised portion of the highway and the adjacent Fuhrmann Boulevard and replace both roads with a single at -grade boulevard; or (3) reconstruct the raised roadway essentially as is while reconstructing Fulu - mann Boulevard as a two -way parkway on the west side of Route 5; WHEREAS, the NYSDOT has chosen option 3; WHEREAS, evidence from several cities across the globe has shown that replacement of waterfront elevated highways with at -grade boulevards results in the reintegration of the city to the waterfront and is the catalyst for hundreds of millions of dollars of waterfront development; WHEREAS, Buffalo's waterfront is currently occupied largely by abandoned industrial buildings and vacant or polluted land; WHEREAS, the lack of development along Buffalo's waterfront is caused, in large part, by the existence of the raised portion of Route 5 which acts as a barrier between the City of Buffalo and the waterfront; WHEREAS, Western New York has a once in a lifetime opportunity to transform its waterfront from a relic of the industrial age to a modern, vibrant, and successful waterfront that can be the catalyst for the revival of the Buffalo area; WHEREAS, construction of the boulevard option for Route 5 will allow Western New York to capitalize on this opportunity; WHEREAS, the residents of the Village of Hamburg use Route 5 to drive to and from the City of Buffalo; WHEREAS, the residents of the Village of Hamburg desire to see a vibrant and accessible waterfront in the City of Buffalo; WHEREAS, the residents of the Village of Hamburg believe that the revitalization of the City of Buffalo is necessary to the survival . of the entire region; In consideration of the foregoing, IT IS HEREBY RESOLVED THAT, the NYSDOT should reconsider its chosen design option and instead choose to reconstruct Route 5 using the boulevard option; and it is further RESOLVED THAT, copies of this resolution shall be transmitted by the Clerk to the NYSDOT Regional Office, the offices of United States Senators Hillary Clinton and Charles Schumer, United States Representative Brian Higgins, New York State Senator William Stachowski, and New York State Assemblyman Jack Quinn. REFERRED TO THE SPECIOL COMMITTED; ON WATERFRONT DEVE ,DEPARTMENT OF PUBLIC WORKS AND OFFICE OF STRAMIC PLANNING 1 1 1 C) 5 1Z h I> 38 It f f a Jn (E n irp Cminrif MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5169 ® FAX: (716) 851 -4294 E -mail: mkearns @city- buffaio.com MEMORANDUM TO: Gerald Chwalinski FROM: Council Member .Kearns DATE: October 1, 2007 REV Southtowns Connector Phase I CHAIRMAN CLAIMS WATERFRONT DEVELOPMENT COMMITTEES EDUCATSON FINANCE LEGISLATION LEGISLATIVE ASSISTANTS MARTI MURPHY KEVIN M. LINDER I would like to file the attached information for the next Common Council meeting to be held on October 2, 2007. Thank you. °,for° the People" i 26 September 2€ 07 Ms. Astrid C. Glynn, Commissioner New York State Department of Transportation Albany, NY 12232 Re: Southtowns Connector Phase 1, PIN 5044.01.121 Dear Commissioner Glynn, ".11ie Outer .Harbor of Buffalo represents an outstanding opportunity to create a great urban place in are area close to downtown, that has history, nature, the beauty of Lake lrie and outstanding'recreation potential_ As a professional transportation engineer, I have built any career around trying to make appropriate transportation investments that foster the creation of good "human habitat" where people harness their energy and creativity, socialize, play, and have the opportunity to live near where they work. With major transportation investments, we recognize that government sets the stage for up to 50 years, as the development and growth opportunities respond to the system tl-tat is provided. NYSDO'F has an opportunity to help allow Buffalo's Outer Harbor to reach its potential as an awesome urban place, but this opportunity will be squandered if the current "preferred alternative" for the Southtowns Connector is pursued. I very much appreciate the time you have taken to read our report and become familiar with the project. I have reviewed your letter to Congressman Higgins, and see there are a number of important issues that are still somewhat clouded with misunderstanding. I hope to add some clarity on our views with this letter. I have highlighted in the fallowing sections some of the major issues that should be discussed further between NYSDOI' and the Buffalo community. P z . C �.) aCL: I-SV i- �C- ,...3.�'!It -$1. �.:'s'���z, -� I:IUI �a. - ?i, �1 l�(1_�s fa)� °.,'r. 3,1,_f , 0�- 26 September 2007 Is Route 5 to Remain a Limited Access Highway after the Skyway is Removed? On page 2 of your letter, you assure Congressman Higgins that the preferred alternative will not extend the life of the Skyway Bridge. On the next: page, in the third paragraph of the "Response. " it is noted that "maintaining an embanked, limited access facility is desired . . ." It seems you are suggesting that the Skyway Bridge could be remove=d, but uow the limited- access highway portion of the Buffalo Skyway would reinain in place. "Phis is a critically important issue to discuss with all the of the project stakeholders in Buffalo. 1. truly believe that those advocating the removal of the Skyway, and there are many, intend this to mean the removal of the entire Buffalo Skyway, which refers to the entire limited access section of route 5 —.not just the Skyway Bridge. Furthermore, your contention that .maintaining Route 5 as a limited- access embanked highway is desired "to provide a direct connection between the waterfront and the Interstate system" leads to the conclusion that NYSDOT would only replace the Skyway Bridge with a similar limited access, high speed facility connecting directly to 1 -190, and not an at -grade lift bridge connecting; the Outer I larhor to the street network of downtown Buffalo, as desired by the community. Will NYSDOT consider replacing the Skyway Bridge with an at-grade alternative, if you intend to maintain Ratite 5 as a limited access facility? .Replacing the ctnbanked section of Route 5 with a surface boulevard is the only option completely compatible with replacing the Skyway Bridge with an at -grade lift- bridge that connects the Outer Harbor to downtown. Maintaining Route 5 as an embanked, limited- access facility is highly contrary to the urban redevelopment goals of skyway removal supporters. The Outer I .I arbor is a small, potentially highly valuable area. With an embanked limited- access highway, and the C tt4 "dead tune" created in its shadow, too much s g a2 of this narrow strip of potentially valuable Buffaro .: land is sacriFiced to save commuters just: a few minutes! Consider the role of the Buffalo y , 4 Skyway in the region. It is a limited access facility only Fox a few iniles, as shown to the Fes;: r right, and then transitions to a more L l ,.Il`f. is conventional at -grade arterial_ It also changes . names at that point to the I lamburg'Furnpike (the entire corridor is Route 5). Also consider s, recent demonstration of the elasticity of the "demand" for the Skyway. When the tolls on .I -I90 were eliminated, traffic data on NYSI7C ?'1 "s websitc shows a drop in daisy L kc , 3 I raffic of 6.5 %. Given that use of Route 5 was already highly uneven directionally due to the tolls being collected in only one direction, this sz means an even more significant reduction in peak hour traffic. Re- Design of the Boulevard Alternative and Traffic Analysis The 11 15 Ends that a six -laoc boulevard will provide adequate levels of service. While I believe that the traffic volumes will allow for a four -hine boulevard without undue congestion, this is a design detail that can be addressed later. A six lane multi -way boulevard (illus(rated below) may prove to be an ideal solution to Smart Mobility, Inc. page 2 26 Septe 2007 accommodate the to- and thru- traffic. The .important thing; is change the preferred alternative to the � Boulevard alternative, which allows Buffalo to pursue its vision of a highway -free waterfront. Niultiway Boldevard rencleri €Ig by Stcfartos Polyzoides, Atigwt, 2007. In proceeding with a better design for Route 5, it is important to consider the context whet) assessing the potential for traffic congestion. This is an urban area, and in urban areas with high land values, somewhat higher levels of traffic congestion can be tolerated (i.e. level of service "1 "). It is not appropriate to use suburban standards (i.e. level of service "C ") for a high value area so close to downtown Buffalo. In re- designing the Boulevard Alternative, it is important to consider appropriate models for an urban boulevard: great urban streets lined with parallel parking and pedestrian- oriented development. The current and forecast traffic volumes on Route 5 easily allow for this type of development along Route 5, and there are many examples of great streets and great: places that serve the combination of to- and tluu- traffic. There may also be concerns about lowering; the grade of Route 5. The embankment was important for keeping snow off the highway, given that the area had no development or buildings along the roadside. However, if the boulevard is lined with buildings, elevation of the road is not required, as noted in the public Df STINATION r)M,0Rr0 LY KSIPVNTa AND VIS €TORS At,IKC, WITH A GOULEVARD "✓,� tUNTEAD W AN EMBANKED HI(.HWAV. 111€ THOROU,IIfANt CAN BL CONNLCI'W To A SERICS of SMALLE14 BLOcKS .... AND HAPPOW 5TREfTS THAI INCREASE. WALKABILITY. hearing record containcd in the 1 What are the Economic Development; Goals, and What Type of Investment will Advance those Goals? Numerous letters in the FTUS from the various economic development promoters in the region all support the preferred alternative because it will maximize the vehicular traffic volume on Route 5, which will support retail. The correlation between high traffic volumes and successful retail development is only applicable to auto - oriented development, such as big; box retail or fast food establishments. Is this the type of development that NYSDOT is promoting for the irreplaceable Outer I (arbor waterfront? I strongly believe that the community's vision for the Outer I Iarbor is not of conventional, auto - oriented Smart Mobility, Inc. page 3 26S ept ember 2007 retail, and the tired models of economic development based on suburban sprawl are not what should be 1 pursued for the Outer Ilarbor. In other portions of the comments, the economic development goals are more appropriately described as "far significant redevelopment activity designed to create a tourist /waterfront destination as well as a residential waterfront community." 'Phis type of development requires a very different type of infrastructure investment than the aniventional big boa /fast food strip. It requires creating a great:, memorable place, which starts with creating a great street. The Boulevard alternative, which as you noted achieves the project Objectives as defined by IN Y51}U1, can create a great urban street that will facilitate these goals. Well - designed major urban streets can accomplish multiple objectives: carrying high volumes of traffic At A moderate speed and provide a great public space for development. There is one further significant misconception in the input from the regional economic development agencies that commented on this project The preference for the "preferred" alternative is sornewbat based on the notion that the Boulevard alternative will require a street network. In fact, any good urban, walkable development will require a street network, and a well - designed network will truly maximire the potential land uses and values, compared with the conventional suburban roodel of single lots and single driveways from a collector. The figure on the right illustrates a possible street network for the Outer 1 larbor, which by any measure, Y ew r A NETWORK OF STREETS AND BLOCKS EXPANDS ACCESS AND CONNECTIVfTY TO THE OUTER HARBOR. r provrcles far more development opportunity, more valuable street -front space, and far more efficient use of the land, than any conventional suburban model of development The statements in the letters that suggest a street network is a negative are based oil a complete lack of understanding of urban design. What Makes a Place Walkable? When considering which alternative will create amore "walkable" environment, it is really important to consider what makes a place walkable. It is not just sidewalks, lighting and shrubbery. In t:he "preferred" alternative, Fuhrnnann Boulevard will have an embanked highway on one side, and driveways and parking lots to auto - oriented retail on the other side. It will not be a pedestrian- friendly place, no matter how nice the landscaping or light fixtures. Single -use lots, single -use driveways, and single -user parking areas will consume all the land. Consider the possibilities with the Boulevard alternative: pedestrian -- oriented development would be focused onto the boulevard, with buildings immediately facing the street and parking located on -street (which protects pedestrians from the traffic) and On the side streets. Developers will all contribute to c.reating a walkable street network, which will serve to provide additional on-- street parking that is shared by all, greatly reducing the need for on -site parking. 'There will be a coherent, walkable street network, adding great value and Smart Mobility, Inc. page 4 Stakeholder Input on the Alternatives One of the primary reasons Oven in the FINS for selection of the Preferred Alternative is "stakeholder input." 1lowever, in reviewing the documentation of the public hearing and comments, I find ample evidence of strong; support for the Boulevard alternative, as well as strong support to remove the Skyway (which I believe is intended to also mean eliminating the limited access portion of Route 5, not just the Skyway Bridge). There were numerous comments in the public hearing transcript that supported a slower speed facility, and many were not in favor of the high - speed, limited- access portion of Route 5. 'These comments all lend support to the Boulevard alternative rather than the preferred alternative. In addition, many written comments, all made by citizens except where noted, were specifically in favor of the boulevard alternative: On p.4 -26: "I believe that the right alternative in concept is the Boulevard Alternative. However, as presented it represents a 40 ISPI I arterial highway with one pedestrian crossing between the Buffalo River and the union ship canal..:." (continues to recommend additional pedestrian crossings) On page 4-30, the Friends of the Buffalo Niagara Divers letter states: `Boulevard Alternative - Traffic flow is not our first priority which is why we prefer the Boulevard Alternative. This alternative is the closest that people have in mind when they say make the `Outer IIarbor more accessible. From a commuter and citizen p. 4 -38, notes, "As a daily southtown commuter as well as an urban educator working within Buffalo ... I support and would highly prefer the Boulevard Alternative and convert [sicf Route 5 and Fuhrmann into a single six lane roadway over any other options being considered by NYSDOT. WHO SAID TI 1IS? "For the cost and scope of the project — as well as the numerous physical, social, economic, cultural and environmental benefits grained — I support and would highly prefer the boulevard alternative." Smart Mobility, Inc. page 5 26 Septem 2007 o )ortuRit for maximizing the Pl Y � development potential as well as creating a great memorable place. Valuable l ' P l � great, 1 �.. street frontage will be maximized with this network. Is the (Fifer I °Iarbor served better by a tired old model of unsatisfying, auto- oriented '. retail development? Or is it s~ more. appropriate to develop a great street and a pedestrian - P __ friendly, connected streets network, providing shared on- t t street parking and numerous s� T walkable destinations, , � sk pit °£e li �r (V g"i - d n� J' y promoted by the. boulevard �_ ' i �.��} alternative? While this 15 not - � t - p I what NYSDO'F engineers are t accustomed to, well. designed urban streets do work to carry traffic and p rovide a &neat Urban enviromment, and there are many successful examples to consider. Stakeholder Input on the Alternatives One of the primary reasons Oven in the FINS for selection of the Preferred Alternative is "stakeholder input." 1lowever, in reviewing the documentation of the public hearing and comments, I find ample evidence of strong; support for the Boulevard alternative, as well as strong support to remove the Skyway (which I believe is intended to also mean eliminating the limited access portion of Route 5, not just the Skyway Bridge). There were numerous comments in the public hearing transcript that supported a slower speed facility, and many were not in favor of the high - speed, limited- access portion of Route 5. 'These comments all lend support to the Boulevard alternative rather than the preferred alternative. In addition, many written comments, all made by citizens except where noted, were specifically in favor of the boulevard alternative: On p.4 -26: "I believe that the right alternative in concept is the Boulevard Alternative. However, as presented it represents a 40 ISPI I arterial highway with one pedestrian crossing between the Buffalo River and the union ship canal..:." (continues to recommend additional pedestrian crossings) On page 4-30, the Friends of the Buffalo Niagara Divers letter states: `Boulevard Alternative - Traffic flow is not our first priority which is why we prefer the Boulevard Alternative. This alternative is the closest that people have in mind when they say make the `Outer IIarbor more accessible. From a commuter and citizen p. 4 -38, notes, "As a daily southtown commuter as well as an urban educator working within Buffalo ... I support and would highly prefer the Boulevard Alternative and convert [sicf Route 5 and Fuhrmann into a single six lane roadway over any other options being considered by NYSDOT. WHO SAID TI 1IS? "For the cost and scope of the project — as well as the numerous physical, social, economic, cultural and environmental benefits grained — I support and would highly prefer the boulevard alternative." Smart Mobility, Inc. page 5 26 September 2007 Another citizen comment: p_ 4 -39 states, "l wish to support the Boulevard scenario for the following; reasons - both the improvements and the hybrid .force pedestrians over bridges and I think that goes against what this plan is really trying to do, encourage development not just improve commuting. Page 4 -42 is a letter from a citizen which states, "At a recent family gathering we discussed the Southtowns Connector which amounted to roughly 75 people and the consensus was 1) WE StJPP(Arl "11IE BOUI.I?Vi1Rl:) 2) W1.1 t)l'POS1?.'I'1II: 1 NIPROV I) AND I1YBR1I) AI,'C'E NA ] IVI: ? ". On p. 4 - 47 is the simple statement, "I like the Boulevard alternative because it eliminates a road ." Al conclusion from reviewing; the stakeholder input in the F)l JS is that there is by no [Weans consensus on the preferred alternative and that most citizens who contented actually prefer the Boulevard alternative, as well as one non - profit organization. It seems that the votes of the economic development authorities trumped those of the people_ While I have not doubt that the intentions of the economic development groups are good, I believe they are misguided in chasing the wrong type of development (i.e. conventional auto- oriented gjrowth) for the Outer l larbor. 1'.hcre are fa.r more appropriate models of urban development and the Boulevard alternative serves these much better. I II conclusion, in your capacity as the leader of the NYSI)OT, please consider the following: I) I lalt the bid process of the Fuhrmann Boulevard improvements, 2) I -lave a conversation with the Buffalo community about the future of Route 5, and that if you proceed with the Preferred Alternative, a limited- access facility will be maintained in perpetuity. Please make sure that all the stakeholders understand the implications of selecting the "preferred alternative" on the entire corridor for the long term future. 3) Determine what the stakeholders in Buffalo want for the economic development of the Outer I'larbor --- ---ask the community if they want auto - oriented or pedestrian- oriented development? Then, consider what types of transportation investments will help achieve their vision. 4) Reconsider the selection of the Preferred Alternative, and chose the Boulevard Alternative instead, if it. better fits the community's vision for their waterfront. Please do not hesitate to contact me by phone or e -mail to discuss this further. If you would like to meet, in person to discuss this important matter, I can easily make a trip to Albauy. Again, thank you for your consideration of this important decision regarding Buffalo's future opportunities. Sincerely, �t,tc - �ftL� Lucinda P'- Gibson, P.1?. President CC. Brun I Iiggins Senator Charles Schumer Honorable Byron W_ Brown, itilayor, City of Buffalo Nlicllacl Kearns, Buffalo City Council David Franczyk, Common Council President Alan E. 'Taylor, P.1?,. Darrell F, Kaminski, P.E. Gary V. C.3)ottlieh, P.E. Smart Mobility, Inc. page b REFERRED TO THE SPECIAL COMMITTEE ON WA'T='ERFRONT DEVE., DEPARTMENT OF PUBLIC WORKS AND OFFICE OF STRATEGIC PLANNING 000 .lie iauffafo ( nrif MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1 401 CITY HALL BUFFALO, NY 14202-3318 PHONE: (716) 851 -5169 4 FAX: (716) 851 -4294 E -mail: mkearnsgcitybuffalo.com MEMORANDUM TO: Gerald Chwalinski FROM: Council Member Kearns DATE: October 1, 2007 RE: LWer to Gov. Spitzer WE NYSDOT Southtowns Connector Proposal CHAIRMAN CLAIMS WATERFRONT DEVELOPMENT COMMITTEES EDUCATION FINANCE LEGISLATJON LEGISLATIVE ASSISTANTS MARTI MURPHY KEVIN M. LINDER I would like: to file the attached information for the next Common Council meeting to be held on October 2, 2007. Thank you. 1 t 1, V { ��It I II k�JL MICHAEL I', KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 1 4202 -3318 PHONE: (716) 851 -5169 0 FAX: (716) 8514294 E -mail: mkearns@city- buffalo.com September 28, 2 007 Governor Eliot Spitzer Executive Chambers State Capitol Albany, NY 12221 Dear Governor Spitzer: t. CHAIRMAN CLAIMS WATERFRONT I)EVFLOPMFNT COMMITTEES EDUCATION FINANCE LEGISLATION LEGISLATIVE ASSISTANT$ MARTI MURPHY KEVIN M. UNDER As members of the City of Buffalo Common Council, we formally request that you focus your immediate attention on the New York State Department of Transportation ( NYSDOT) Southtowns Connector proposal. We believe that the plan and the "Modified Improvement" alternative advanced by NYSDOT are A EW!y flawed and not in the hest interest of the City of and the Western New York region's taxpayers, bustne rest eats. Earlier this month, we introduced a resolution of the Common Council, as a formal objection to the NYSDOT "Modified Improvement" alternative proposal and declared our support for the proposed "Boulevard" alternative. We subsequently requested that NYSDOT reconsider its plan for this project. We believe that the NYSDOT does not share our goal of creating the access necessary to make the Outer Harbor a destination, providing a welcoming environment for pedestrian and bicycle use, nor does it share our vision of an impressive, valuable waterfront. If the department did, the "Modified Improvement" alternative would not be the plan of choice. As it stands, this alternative lives our area essentially a landscaped version of what already exists. In addition to an expanded frontage road, this alternative maintains a separate, high- speed, limited- access highway, which is only compatible with low - value, suburban -style development. Our vision is greater. The Southtowns Connector EIS considered a "Boulevard" alternative that offers an opportunity for our vision to be realized. An urban boulevard would enable higher -value development and better access to the waterfront from downtown and nearby city neighborhoods. It would bring Route 5 down to surface level as a boulevard that could be connected with a street system. This would allow for more valuable land to be developed instead of wasted on oversized roads, interchanges, driveways, and surface parking lots. We have yet to find an example of a successful waterfront with a street system similar to what the NYSDOT is proposing. In addition, a switch to the "Boulevard" alternative allows for the future removal of the Skyway Bridge. We have heard overwhelming public support. for the replacement of this limited- access bridge with an at- grade crossing that could accommodate pedestrians and bicyclists, as well as automobiles. The Skyway Bridge is currently under study to determine options for its future, which should include an exploration of downsizing to an at -grade facility. Although recent letters from NYSDOT officials have taken pains to assure members of the Buffalo Common Council and other elected leaders that its current plans for the Southtowns Connector will not preclude any options for the Skyway Bridge (into which the preferred alternative's Route S highway feeds), these letters also emphasize that the NYSDOT's decision to maintain Route 5 as a limited - access highway is based, in part, on a strong desire to maintain a high -speed freeway connection between the waterfront and the Interstate system. The only conclusions that can be drawn are Ze#°_ _ -f — n - - - i1a ,z that the Skyway Bridge would be maintained as an elevated highway or replaced with a similar grade - separated highway, both of which are unacceptable, unpopular and have damaging; outcomes for downtown Buffalo and the Outer Harbor. It seems best to wait until the findings of the Skyway Bridge study are released and properly considered before making any decision about the related Southtowns Connector project. A project of this size and importance to the future of our city ought to adequately consult the local community and be presented to the Buffalo Common Council. Moreover, the NYSDOT has repeatedly discussed the potential for loss of funding and time delays. It is our understanding that monies secured by Senators Schumer and Clinton and Congressman Iliggins in the 2005 SAI;ETEA -LU will not be lost, regardless of the project's commencement or completion date. This funding will be available to the City of Buffalo Southtowns Connector project until it is spent or Congress itself rescinds it; therefore, it is essential that we take the time to consider the matters that are truly at stake. Buffalo is beautiful, complex and diverse; it was once one of America's richest cities. However, it lost nearly 323,000 residents between 1950 and 2000, due in large part to urban renewal and deindustrialization. Since World War 11 and Robert Moses's tenure at the NY State Thruway Authority, the New York State government has repo edly imposed hi cture on Buffalo that has significantly dama cd the city and its econom iv Buffalo's entire waterfront, north and south, is separate from the fabric of the city by large, concrete, grade - separated highways. Furthermore, we know you to be a progressive thinker and visionary, and our city needs and deserves a plan that allows the Outer Harbor, Kelly Island and the neighborhoods along the Buffalo River to achieve their full potential. Please join us in rebuilding Buffalo into the rich and valuable city it once was and surely can be. The dismal, dreadful plan being pushed by NYSDOT will set back Buffalo's efforts to help itself out of deficit and decline. Therefore, we ask that you: • Personally review the Southtowns Connector alternatives and allow us to present you our concerns face -to -face. • Direct Commissioner Glynn to refrain from letting bids on the NYSDOT "Modified Improvement" alternative, and instead let bids on the `Boulevard" option. The `Boulevard" alternative satisfied the requirements within the EIS anal, with design modifications, could support the revitalization of Buffalo's waterfront. • Clarify to the public that the funding available for the waterfront will not disappear, regardless of which alternative is chosen or the project start date. Please feel free to contact our offices at (716) 851 -5169 or (716) 851 -4138 to discuss this further, We welcome the opportunity for meaningful dialogue on this important matter. Sincerely, Michael P. Kearns South District Council Member c VidA.D .Franczyk Council President, Fillmore District REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVE DEPARTMENT OF PUBLIC WORKS ANDAOFJ3ICE OF STRATEGIC PLANNING �`'[� 0000-54 The 43uffain Commian Counrit MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851.5169 0 FAX: (716) 851 -4294 E -mail: mkearns@city- 6uffalo.com MEMORANDUM TO: Gerald Chwalinski FROM: Council. Member Kearns DATE: October 1, 2007 Revitalizing; Buffalo's Waterfront CHAIRMAN CLAIMS WATERFRONT DEVELOPMENT _COMMITTEES EDUCATION FINANCE LEGISLATION LEGISLATIVE ASSISTANTS MARTt MURPHY KEVIN M. LINDER I would like to file the attached information for the next Common Council meeting; to be held on October 2, 2007. Thank you. 1 Qo fn REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT OEVE0 AND C OF POBLIC WORKS fir. „ T ®r the People" CONGRESS FOR THE NEW URBANISM CENTER FOR NEIGHBORHOOD TECHNOLOGY HIGHWAYS TO BOULEVARDS INITIATIVE BUFFALO IS A WATERFRONT CITY WITH A DEEP HISTORY ALONG THE SHORES OF LAKE ERIE. WITH MORE THAN HALF OF THE CITY'S WATERFRONT LEFT VACANT. THE POTENTIAL FOR REVITALIZATION IS IMMENSE. WHOLE NEIGHBORHOODS AND COMMERCIAL DISTRICTS COULD BE BUILT WITH STRONG CONNECTIONS TO DOWNTOWN AND THE CITY'S EXISTING NEIGHBORHOODS. TO ACHIEVE THIS VISION, BUFFALO NEEDS TO LAY DOWN THE PROPER FOUNDATION. GOOD DEVELOPMENT IS TIED TO GOOD INFRASTRUCTURE. THE FORM OF THE STREETS CAN SEAL THE FATE OF VAST AMOUNTS OF LAND. THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) EVAL- UATED THREE INFRASTRUCTRE ALTERNATIVES FOR THE OUTER HARBOR. IT SELECTED THE PLAN THAT WILL, IN ALL LIKELIHOOD, KEEP THE WATER- FRONT VACANT FOR ANOTHER 50 TO 100 YEARS. THIS PLAN MAINTAINS THE ELEVATED SKYWAY AND THE EMBANKED ROUTE 5 AND EXPANDS A MAJOR FRONTAGE ROAD, WHILE CONSUMING UNNECCESSARY AMOUNTS OF LAND THAT COULD OTHERWISE BUILD THE CITY'S TAX BASE. BUT BY SIMPLY CHOOSING THE BOULEVARD ALTERNATIVE ALREADY DEVEL- OPED BY THE DEPARTMENT OF TRANSPORTATION, BUFFALO COULD BUILD A SINGLE URBAN THOROUGHFARE THAT WOULD ACCOMMODATE TRAF- FIC DEMANDS AND BECOME A VALUABLE DESTINATION IN IT'S OWN RIGHT. THE NEW BOULEVARD WOULD SIGNIFICANTLY IMPROVE WATERFRONT AC- CESS AND SUPPORT THE REVITALIZATION THAT BUFFALONIANS HAVE BEEN FIGHTING FOR. BUFFALO HAS TWO VERY DIFFERENT CHOICES ON THE TABLE. BY CHOOSING THE BOULEVARD ALTERNATIVE, THE CITY WILL OPEN THE DOOR TO WORLD - CLASS DEVELOPMENT. THE FOLLOWING SERIES OF IMAGES DEMONSTRATES WHAT COULD HAPPEN ALONG THE WATERFRONT WITH THE RIGHT INFRASTRUCTURE IN PLACE. IT CONSTRASTS THAT FUTURE WITH WHAT WILL HAPPEN IF THE NYSDOT IS ALLOWED TO CONTINUE WITH ITS CURRENT PLANS. G A NETWORK OF STREETS AND BLOCKS EXPANDS ACCESS AND CONNECTIVITY TO THE OUTER HARBOR. M-�� . A MIXTURE OF COMMERCIAL, OFFICE, AND RESIDENTIAL DEVELOPMENT, ALONG WITH PARK SPACE, WOULD MAKE THE WATERFRONT A REAL WITH A BOULEVARD INSTEAD OF A HIGHWAY, THE m N EMBANKED THOROUGHFARE ' CAN BE CONNECTED TO A SERIES OF SMALLER BLOCKS AND NARROW STREETS THAT INCREASE WALKABILITY. f RKWAY. c - > 3 1 THE CURRENT PLANS ARE TO EXPAND FUHRMANN BOU- LEVARD INTO A FOUR-LANE PARKWAY ON THE LAKE SIDE OF THE EMBANKED ROUTE 5. ADDITIONAL MONEY WILL BE SPENT RECONSTRUCTING TWO INTERCHANGES BETWEEN FUHRMANN BOULEVARD AND THE HIGHWAY. BECAUSE THESE PLANS RETAIN THE EMBANKED HIGHWAY, ALONG WITH THE ELEVATED SKYWAY BRIDGE, THE FULL POTENITAL OF THE WATERFRONT WILL BE NOT BE REALIZED. 4 X o Coast Guard Station Lake Er"i"e WITH AN EMBANKED ROAD ON ONE SIDE, DEVELOPMENT ALONG FUHRMANN WILL CONTINUE TO BE LOW-VALUE AND AUTO-ORIENTED, YIELDING MINIMAL SHORT-TERM GAINS INSTEAD OF A LONG LASTING WATERFRONT NEIGHBOR- HOOD. AND DESPITE THE MILLIONS INVESTED, LACK OF CONNEC- TIVITY WITH THE REST OF BUFFALO ESSENTIALLY REMAINS THE SAME. NFTA Outer Harbor Lands F-1 Lake Erie .� THE CURRENT PLANS CREATE TWO PARALLEL ROADS VERY CLOSE TOGETHER -- OCCUPYING AN UNNECCESSARILY LARGE SWATH OF VALUABLE WATERFRONT REAL ESTATE. THE LAYOUT MAKES DEVELOPMENT ALONG THE STREET EDGE HIGHLY UNLIKELY. ONE SIDE IS COMPLETELY OC- CUPPIED BY THE EMBANKED HIGHWAY, THE OTHER SIDE IS ONLY LIKELY TO SUPPORT ISOLATED SUBURBAN -STYLE DEVELOPMENT. /�h '/RIIIIIA111 \� � Proposed NYSDOT Boulevard Alternative Crass Section THE BOULEVARD ALTERNATIVE DEVELOPED BY NYSDOT SHOULD BE USED INSTEAD OF THE COMBINATION OF ACCESS ROAD AND EMBANKED HIGHWAY. IT BRINGS ROUTE 5 DOWN TO SURFACE LEVEL AND ALLOWS FOR THE SKY- WAY BRIDGE TO BE REPLACED WITH AT-GRADE BRIDGES, WITH SLIGHT DESIGN CHANGES, THIS BOULEVARD COULD BE TRANSFORMED FROM ONE THAT SERVES ONLY THROUGH TRAFFIC TO ONE THAT SUPPORTS ENDURING ECONOMIC DEVELOPMENT ROOTED IN A STRONG SENSE OF PLACE. 2,18m 1 t8m 3.6 3,5m 3A 5 3611' ;fins 3.F:m 1Rm� 510MALK SHOULDER TRAM LAME TRAVEL LANE TRAM LANE������ MEDIAN ����� � TBANEL _ LA� TRAVEL _,,., ..� "..__ AVEL LANE TRAWL LANE SHQW,C3E.R FUHRMANN AND ROUTE 5 SHOULD BE REPLACED WITH ONE THOROUGHFARE THAT HAS DEVELOPMENT LINING THE STREET. THE THOROUGHFARE COULD THEN BE CONNECTED WITH SEVERAL CROSS STREETS ALL ALONG THE WATER- FRONT. Four Lane Avenue Cross Section GIVEN CURRENT TRAFFIC VOLUMES, AN AVENUE WITH FOUR MOVING LANES AND TWO PARKING LANES COULD EASILY PROVIDE ADEQUATE TRAFFIC CAPACITY. WITH A BICYCLE LANE, LARGE SIDEWALKS, AND BUILDINGS ALONG THE STREET EDGE, THIS STREET COULD ATTRACT A VARIETY OF USERS. 1 Sm 2:Sm 13m 3.3m 3:3m 3.3m 2.5m 4m 5m PEOESTRZ� PA TRAVEL LANE TRAVEL LANE TRRVE €LANE TRA VEL PARKING �' 81CYCLELANES�� PEDESTRIAN REALM A MULTI-WAY BOULEVARD COULD ALSO BE CONSIDERED. IT ALLOWS THROUGH TRAFFIC TO KEEP MOVING IN THE CENTER LANES AND LOCAL TRAFFIC --THE KIND NECESSARY FOR COMMERCIAL DEVELOPMENT --TO CONTINUE AT ITS OWN PACE. _.. . __. . i THE BOULEVARD OPTION WITH A STREET NETWORK WOULD OPEN UP AN ADDITIONAL 235 ACRES FOR DEVELOPMENT. CURRENTLY, THESE UNDERUTILIZED ACRES ARE ONLY AS- SESSED AT $17.6 MILLION--WELL BELOW THE CITY AVERAGE. CREATING A VALUABLE PLACE CONNECTED TO THE CITY WOULD RAISE PROPERTY VALUES UP TO THE CITY AVERAGE, YIELDING $82 MILLION IN ASSESSED VALUES. AND THERE'S NO REASON TO THINK THAT THE VALUES WOULD STOP THERE. FOLLOWING MILWAUKEE'S FREEWAY CONVERSION EXAMPLE, THE SAME DEVELOPMENT RATES COULD RAISE THE ASSESSED VALUES TO $168 MILLION. F NV HARKENING BACK TO THE GREAT DEVELOPMENT PATTERNS FOUND IN BUFFALO'S DOWNTOWN AND NEIGHBORHOODS, THE WATERFRONT COULD BE BUILT UP WITH BUILDINGS THAT MATCH THE LOCAL VERNACULAR THE BOULEVARD OPTION WITH A STREET NETWORK WOULD OPEN UP AN ADDITIONAL 235 ACRES FOR DEVELOPMENT. CURRENTLY, THESE UNDERUTILIZED ACRES ARE ONLY AS- SESSED AT $17.6 MILLION--WELL BELOW THE CITY AVERAGE. CREATING A VALUABLE PLACE CONNECTED TO THE CITY WOULD RAISE PROPERTY VALUES UP TO THE CITY AVERAGE, YIELDING $82 MILLION IN ASSESSED VALUES. AND THERE'S NO REASON TO THINK THAT THE VALUES WOULD STOP THERE. FOLLOWING MILWAUKEE'S FREEWAY CONVERSION EXAMPLE, THE SAME DEVELOPMENT RATES COULD RAISE THE ASSESSED VALUES TO $168 MILLION. 4 i S F � r 1; � t f ? 4 i � r a S t ? A w 1 yf+� THE LONG TERM HORIZON LOOKS EVEN BETTER. PORTLAND REMOVED THEIR WATERFRONT FREEWAY IN THE 1970S. IF BUFFALO FOLLOWS PORTLAND'S EXAMPLE, THE VALUE OF THE RESTORED WATERFRONT ACREAGE COULD REACH $1.3 BILLION. - :_ rg acs €€ t��f i g i t_ r k ¢ { r t I N + Jf A a S t ? 9 J t A w 1 yf+� THE LONG TERM HORIZON LOOKS EVEN BETTER. PORTLAND REMOVED THEIR WATERFRONT FREEWAY IN THE 1970S. IF BUFFALO FOLLOWS PORTLAND'S EXAMPLE, THE VALUE OF THE RESTORED WATERFRONT ACREAGE COULD REACH $1.3 BILLION. - :_ rg acs €€ t��f i g i t_ r k ¢ { r t I N + The u fora Common Council MICHAEL N. KLARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY I IALL BUFFALO, NY 14202 -3318 PI ]ONE: (716) 851 -5169 8 FAX: (716) 851 -4294 E -nmiL mkearnq@( -buf 110.(7om MEMORANDUM TO: Gerald Chwalinski FROM: Council Member Kearns DATE: October 12, 2007 : League of Women Voters CHAIRMAN CLAIMS WATERFRONT DFVFLE)PMFNT COMMITTEES EDUCATION FINANCE LEGIAA SENIOR LEGISLATIVE ASSISTANT )rNNIFER L. WLS1 RIfOl.1 LEGISLATIVE ASSISTANT MARTI MURPHY I would like to file the attached information for the next Common Council meeting to be held on October 16, 2007. Thank you. r t F Cam= "Tor the people" 0 V 4�Ir~3 Of New York Male ny, Vew York 1=7 F 3X: 518-466 -1X12 I &it: IwuTty@ IWVny_4rg THE LEAGUE F WOM a IVP -711 Y ll V b '�'P,-Y Y'� n gigue Of Women 'Voteks Buftlo Nib comider the of B al% hmer and Ott barbox, and the proms &velppment ofExie County's lakcfi oid to be Pb 3oWely mcntw to tho fil1ux'e mmov e haoltb of ° ea m New yoxxt The vague of wome Vomrs RN %itb, 8M snppoxts the fmdamentd ism of he Lsb'SOIA 0 Ae si'ry OpubHo amem and conaec4At jkl mx g a vibr&ut %zmer H%x r and TAmijont fc�r Bufto and B rie Cou*. e 1.eaPe afWO eR VOW BIN SUPPOM the C*W=aity coDSM= Ofe ice; the SV "y and bad an at- d&, taovjevard in p ciftW cw;t cd Route 5, vod lion of and added eavwest connWfivity to 4owntovm Btxf to. The League of WOmm 'fiats B/N (Uswm with tl)� YMT', notion to lmV tae eMb=kcd and clewted bl r y which eut�; Boo off from Ole waw&zat Wd rages the NYSDOT to support ow co =nutty mww= nad not xeWa ft dais of tie Est tO e ble the reg W move finwatd to a btW d - vibz t if we- WATERFRONT CHAIR -f 4AMES A.' MET2GE t REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVE� - COMMISSIONER OF PUBLIC WORKS fob AND OFFICE OF STRATEGIC PLANNING L� 1011112007 10 : 11 AM DJ-6 ();005G The jB uffato Co Counrif MICHAEL P. KEARNS SOUTH DISTRICT C OUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY 1 ]ALL BUFFALO, NY 14202-3318 PHONE: (716) 1351 -5169 ♦ FAX: (716) 851 -4294 E-mail: mkearm@dty- buffaloxom MEMORANDUM CHAIRMAN CLAIMS WAuRLRONT DEVEi OPMENT COMMITTEES FOUCA - 110N FINANCE LE_GISI -KNON SENIOR LEGISLATIVE ASSISTANT JENNIFER L. WESTFR1 1013 LEGISLATIVE ASSISTANT MARTI MURPHY oA TO: Gerald Chwalinski FROM: Council Member Kearns DATE: October 1.5, 2007 RE: Letter to Gov. Spitzer I would like to .file the attached information for the next Common Council meeting to be held on October 16, 2007. Thank you. � s. or the People' October 44, 2007 Governor Eliot Spitzer State Capitol Albany, New York 42224 In recent years, NYSDOT has updated its practices to better reflect the realities of urbane mobility, and on marry projects has shown remarkable sensitivity to community concerns. Buffalo's Scajaquada Expressway will soon be restored to a parkway, adding value and restoring prorninence to historic Delaware Park. The Village of Hamburg is rebuilding and reclaiming a vibrant, walkable main street. soon: to be the envy of other towns and villages throughout the country- These changes reflect the growing recognition worldwide that cities thrive when supported by complex, connected street networks accommodating multiple modes of travel. We expect that NYSDOT show the same level of vision and care with Route 5 and the Buffalo waterfront. i Dear Governor Spitzer, We are writing you regarding a road project that is poised to harm Buffalo's waterfront and squander its vast potential to help establish a brighter future for Buffalo and Western New York. Buffalos Outer I [arbor currently exists in the shadow of the embanked Route. 5 highway, as well as the Skyway E t ff< =lc� j fnrttCiYt CO Anion elevated highway bridge. Now is the time to fix what has been a mistake for over 50 years. Instead, the New York State Department of Transportation is preparing to repeat these mistakes, to hold back waterfront redevelopment, and to reduce the quality- of -lite of area citizens for many decades to come. We represent a growing coalition of community groups deeply concerned about the fate of the ,, waterfront. We have come together over the shared conviction. that NYSDOT is about to snake a grave mistake on our waterfront_ Although NYSDOT evaluated three street plans for the Outer Harbor, s including one that would replace the Route 5 highway with a single boulevard, NYSOOT instead C ;ry V`11- Pr>x -,1i �: selected a "Moditied Improvement" option that maintains the embanked highway and expands a parallel frontage road. We oppose this backward - looking plan because it is at odds with our community's long- term vision of a redeveloped waterfront with walkabfe neighborhoods, parks, and expanded habitat restoration. By maintaining the elevated and embanked highway that has separated our community from the waterfront for 50 years, the "Modified Improvement" alternative does almost nothing to improve access to the Outer Harbor, and dues not support long -term, high -vafue redevelopment. Unnecessary side -by -side roadways would dominate the waterfront, continuing to cut it off from downtown and surrounding neighborhoods, occupying a large swath: of developable waterfront land, and robbing the area of its potential character and sense of place. If allowed to proceed, the "Modified i. v ,. '�k;! 1, c,:: E: f Improvement" alternative will do irreparable damage to our city and region and perpetuate a widely recognized mistake. We instead support the building of a surface boulevard option that Gan support the urban -scale ... development that will add long - term value to the city. A boulevard alternative was fully evaluated in the Souihtowns Connector EtS, and while it met all of NYSDOT's criteria, it was not selected for reasons never stated in the EIS. The community has rallied around a boulevard alternative because it substantially improves connectivity to Buffalo's Outer Harbor area, keeps redevelopment options on the table, and satisfies NYSDO s traffic concerns. Along with our Waterfront Coalition, both the Buffalo Common Council and the Village of Hamburg Board have expressed support for the Boulevard Alternative. The Buffalo News and ether local publications have recommended a reexamination of the issue to avoid another waterfront mistake with negative consequences that could last for a century. In recent years, NYSDOT has updated its practices to better reflect the realities of urbane mobility, and on marry projects has shown remarkable sensitivity to community concerns. Buffalo's Scajaquada Expressway will soon be restored to a parkway, adding value and restoring prorninence to historic Delaware Park. The Village of Hamburg is rebuilding and reclaiming a vibrant, walkable main street. soon: to be the envy of other towns and villages throughout the country- These changes reflect the growing recognition worldwide that cities thrive when supported by complex, connected street networks accommodating multiple modes of travel. We expect that NYSDOT show the same level of vision and care with Route 5 and the Buffalo waterfront. i 3 At a recent meeting, Laura Monte of your Buffalo office related several concerns raised by NYSDOT regarding a switch to a boulevard alternative. We have found that the Southtowns Connector EIS already answers many of these questions. The attached document summarizes these findings and provides essential information about the many advantages of replacing Route 5 and Euhrmann Boulevard with a single urban boulevard. At a time when cities around the world are removing highways from their street system to improve mobility and increase economic development, we ask you to reexamine the potential a boulevard -only alternative represents for Buttalos Outer Harbor As a leader who's always had clear and progressive vision, and as the elected official with the authority to protect. the people of Buffalo from another project that will be regretted for decades, we hope that you see the same potential that we see in Buffalo's waterfront. We ask that you Delp us stop a project that will undoubtedly lead to another 50 years of economic stagnation along our shoreline. Please feel free to contact us with questions. Sincerely yours, The Buffalo Waterfront Coalition The Baird f oundation Buffalo First BuWo RegwmU n tai The CaTpagn for (YE' cr ";310 ON tFie*rr PIVp -Nrl, 4-- Lavdmark qty of the Niagara Frortw ftte; Uacw of Wor KyAttas Biff,mma' ThekbmvMk*inuniGr p ofVMt t-al c s for a LNaUb Mc txn New York P esu inn E c olaron of Ere Eaxxrity S'wa0Hb,Ni 91'd GEbiJf} Jane Doe, The Baird Foundation Jane Doe, Buffalo First Jane Doe, Buffalo Preservation Board ,lane floe, Buffalo Riverkeepers Jane Doe, The Campaign for Greater Buffalo John Doe, City View Properties, Inc_ Jane Doe, The League of Women Voters, Buffaloftagara Jahn Doe, The New Millennium Croup of WNY John Doe, Partners for a Livable Western New York' Jane Doe, Preservation Coalition of Brie County John Doe, Sierra Club, Niagara Group John Doe, The Wellness Institute of Greater Buffalo John Doe, Landmark Society of the Niagara Frontier 2,6 i CA1: t. What is the difference betw the New York State department of Transportations plans The t -de -v a m for the Outer Harbor and the plan that a coalition of community groups and the Buffalo T he Hig Common Council are calling for? F r entage Raind NYSDOT looked at three options for the Outer I iarbor, including an option that would have replaced the embanked stretch of Route 5 with a single boulevard. Instead, NYSDOT selected a preferred option that maintains the embanked Route 5 highway, adds and. expands Route 5 interchanges, and expands a parallel frontage road, Fuhrmann Boulevard. The community groups and Council are calling on the DOT to switch to a modified version of its "Boulevard" alternative, which replaces the embanked highway and trantage road with a single u €ban boulevard connected directly to city streets, By removing the embankment that has blocked: waterfront access and put a damper on development, the boulevard provides vastly improved direct access to the waterfront and supports higher -vafue patterns of mixed -use urban development both along the boulevard and on a future network of urban streets and blocks connecting to it. Please reference the EIS documents at: hips llrua��JOt g vo 1port al3.eLhr�li9t_ off icesLreyio�� � /prajec_ Y _ ret�osit�ty /stcb�hf�toc�rEttents.ltttt7l 2. How does a single boulevard provide better waterfront access than the embanked highway and parallel frontage road planned by WYS[DO7' The embanked Route 5 highway serves through- traffic from downtown to Lackawanna and points beyond at the expense of waterfront access. The embankment itself serves as a physical barrier that limits cross- tratfic on the Outer harbor to a limited number of underpasses. Everywhere else, the embankment blacks access to the waterfront. The DOT's preferred plan would add one additional interchange connecting Route 5 with the waterfront, but otherwise the highway's limited access character and preference for serving through - traffic would not change. Similarly, the frontage road expanded as part of the DOT's preferred plant, also known as the "Modified Improvement" plan, would be compromised in providing additional access by its proximity to the embankment. The embankment would stand between the frontage road and areas to the west of Route 5, blocking access to most of the inner harbor. The boulevard, on the other hand, will greatly expand waterfront access by connecting directly to existing and new surface streets in the area. A boulevard makes local access, local traffic, and bicycle and pedestrian mobility high priorities allongside mobility for commuters passing through: the area. 3. How well will a boulevard accommodate various modes of travel, from bicycles to truck traffic? Both the "f3ouievard" and the 'Modified. Improvement' alternatives fulfilled the NYSDOT criteria for handling current and projected traffic volumes of commercial and commuter traffic as stated in the Southtowns Connector EIS (see page 5 -2). According to NYSDOT, the "Boulevard" altef native will handle the current and projected traffic volumes for the corridor, whether it is commuter or commercial traffic. As a result, the boulevard -only plan was deemed a "feasible" alternative in the EIS. &6 In addition to commuter traffic, a boulevard alternative wifl far outperform the "Modified Improvement" alternative in all other modes of transportation, especially in trips made by walking and bicycling. Local circulation —not just commuter trips —will be taken into account. By building multiple connections to the existing city street system, combined with the community's plan for a new system of streets and blocks on the Outer Harbor, the boulevard will form a more resilient system. 4. What will happen to travel times along the Outer Harbor if Route 5 were replaced with a boulevard? In the EIS, NYSDOT states that, compared to existing conditions, per -trip commuting time for the boulevard will increase by 3.22 minutes at peak ( "rush- hour ") times, and 1.31 minutes during off - peak periods. It is also important to consider that with a surface boulevard and a system of streets and blocks on the Outer Harbor, travelers will be able to get to their destinations via more direct routes. Instead of having to backtrack using one of the only two interchanges, travelers will be able to navigate the street grid and travel in a more efficient manner. And the boulevard will help to make this vastly underused waterfront area a destination in itself, not just a commuting route. 5- How can a boulevard handle as much traffic as a highway? It is widely known among traffic engineers that boulevards, when properly designed, can handle very high traffic volumes, in some cases higher than an equivalent limited - access highway. This is because maximum traffic throughput occurs at about 30 m.p.h. At higher speeds, drivers have to increase the space between cars to travel comfortably. When traffic is traveling at roughly 30 mph, more cars are able to got through a given area because they are traveling comfortably close to each other. So, as long as traffic is kept moving at a mare- ordess steady pace using good design, throughput is maximized. In addition, a grade -level boulevard provides the opportunity to connect to the existing city street network at multiple points. Traffic engineers know that a network of interconnected streets absorbs tremendous amounts of traffic. A grade - separated highway bottlenecks traffic, at only a few ramps and access points, while a boulevard connected to a street network at multiple points distributes traffic throughout the system. It is this redundancy and flexibility that make an at -grade boulevard so efficient. 6. What type of roadway has proved more successful in creating valuable waterfronts in other cities — highways or boulevards? The value of removing highways and restoring connectivity to waterfront land has been substantially demonstrated in other cities. From Vancouver to Paris to New York City, the most scenic and valuable waterfronts in the wortd are served by boulevards and other city streets. Progressive leaders in numerous U.S. cities have realized that building waterfront freeways in their cities has been a major mistake and have replaced these highways with boulevards and other surface street improvements. For example, Milwaukee's Park East Freeway removal and San Francisco's Embarcadero Boulevard restoration have spurred hundreds of milfions in private investment in both the areas vacated by the freeway and the surrounding land. Once blighted land next to highways has become part of a vibrant urban renaissance. 4/6 r � y By comparison, there are no known examples of waterfronts where a combination of highway and frontage road like the one NYSDOT plans for the Outer Harbor has led to valuable development. Divert that development along one side of Fuhrmann Boulevard is made impossible by the embankment and there are no plans for on- street parking to accommodate urban storefront businesses, it is clear that the only possible economic development envisioned by the DOT and other supporters of its preferred alternative is for suburban -style drive -up destinations. 7. As the "Boulevard" alternative attracts high -value development to Buffalo's Outer Harbor, what will that mean to redevelopment efforts in other areas of the city? The replacement of highways with boulevards in Milwaukee, Portland, San Francisco, and other cities resulted in no known negative economic impacts in other areas of these cities. In fact, all of these projects increased the amount of private development far beyond the original projected revels both on -site and off -site. Of course, the respective state DO "rs issued the usual dire warnings about the traffic impacts of removing the highways, none of which ever happened. In fact, no negative traffic impacts have ever been measured in any city implementing a highway -to- boulevard project. It is worth mentioning that, according to the EIS, the DOT's Boulevard Alternative would cost $28.9 million more than the currently selected alternative, but generate $48.3 million in short -term economic benefit. Although NYSDOT did not evaluate any long -term economic impacts, there is ample evidence to suggest that the boulevard will spur much more long -term investment as well. The Boulevard Alternative consumes much less valuable waterfront land {there would only be one roadway instead of two, parallel, redundant roads), and enables development of both sides of the roadway instead of just the land to the West. In this way, combined with the connectivity benefits discussed above, there is every reason to expect the potential long -term economic impact of the Boulevard Alternative to be at least double that of the Modified Improvement ( "Preferred ") Alternative. 8. What will happen to existing funding when NYSDOT switches to its boulevard alternative? No evidence has been presented that reexamination of the project alternatives wili take an exorbitant amount of time, or be subject to loss of funding. The Boulevard Alternative is already included in the EIS as a "feasible" alternative, and therefore fulfills NYSDOT criiteria, Money for the project comes mainly from NYSDOT itself with the remaining from the federal government. Unless local Congressional representation decides to rescind the federal money, there is no chance that the project will lose any funding. This is unlikely, given the importance that the community has assigned to this project. Furthermore, the support of the community is behind the Boulevard Alternative. An overwhelming (and growing) coalition of diverse community groups has expressed support for the Boulevard Alternafive. The Buffalo Common Council's Waterfront Committee unanimously supports the boulevard. The Buffalo News has recommended a re- examination of the Boulevard Alternative. In addition, the Village Board of Hamburg, whose constituents would be directly affected by any traffic impacts, is passing a resolution in favor of the boulevard option. 616 r 9. Why do NYSDOT and some other elected officials back the dual- roadway plan that makes so little sense for the Outer Harbor? Most DOTS focus rather narrowly on automobile capacity and see places like neighborhoods, downtowns, and waterfronts as places to drive traffic through, rather than places where investment and livability can be maximized. They tend to overlook any social or economic activity that could or should take place there. Because of this narrow perspective, NYSDOT is attempting to solve a problem that doesn't exist. The highway infrastructure in the Buffalo area is already well below capacity, and there are redundant highway routes that serve the same destinations as Route 5. In addition, Route 5 itself becomes a surface -level boulevard several thousand feet south of Buffalo I larbor anyway, which in itself calls into question the necessity of an elevated highway across the relatively short stretch of Outer Harbor waterfront. Waterfront cities slmiiar to Buffalo that have replaced highways with boulevards have seen such positive results occur because in each case, the larger planning picture and the community's long- form vision were taken into account. Investments were made that maximize benefits to the city and region as a whole. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVE , COMMISSIONER OF PUBLIC WORKS AND OFFICE OF STRATEGIC PLANNING US A Steelfields Ltd. Project Bulletin October 2007 Volume 1 -07 Cleanup Activities Nearing Completion at Steelfields Site Availability of Construction Closeout Report and Project Update New York State Department of Environmental Conservation (DEC) in cooperation with New York State Department of Health (DOH), is pleased to announce that construction activities to clean up the former Steelfields, Ltd. (Steelfields)site are nearing completion. DEC has received a Construction Closeout Report for work completed in Area 1 and is anticipating acceptance of the final document. The State is providing this bulletin to announce the availability of this document and satisfactory completion of the cleanup in Area 1 as well as to update the community on the status of the remainder of the site. Site Background In October, 2002 Steelfields, Ltd purchased several vacant industrial properties in Buffalo, New York out of bankruptcy from the LTV Steel and Hanna Furnace Corporation. At the same time, Steelfields entered in to a Voluntary Cleanup Agreement (VGA) with DEC. The subject property was broken up into four "Areas ", based on operational and ownership history. After the initial purchase and VCA, Steelfields, purchased the Former August Feine facility. Following the December 27, 2002 approval of a "Work Plan for Voluntary Cleanup Program Remedial Design /Remedial Action for the Former Steel and Coke Manufacturing Site ", dated September 2002, by Turnkey Environmental Restoration, work was started to clean up the four areas. Since that time there have been several project updates to the community from Steelfields, the last in May of 2006. This update will continue from that time and summarize what has been completed since then. Pro ress to ©ate: When last updated the overall site remedial construction activities were about 90% complete. Major items remaining included; Area ill blue stained soils excavation and treatment, Area III and IV tar excavation, disposal and backfill and completion of the Area II containment cell. At the time of the last update Area I remediation had been complete (2003) and final closeout reports and necessary documentation were being finalized. Construction Activities Completed. Work completed since the last update included; Remaining blue stained soils containing elevated inorganic and/or volatile organic compounds located in Area III were treated and placed in the containment cell in Area It; Remaining tar soils in Area III were excavated and disposed, off site, to facilities in Pennsylvania and Ohio. The site was backfilled with clean, off -site material and the surface prepared and seeded; Area IV remaining tar soils were removed and disposed of off -site; Completion of the Containment Cell in Area ll; Groundwater monitoring wells installations in Area III & IV; and, RECOVE AND FILED sy Free New York! 1313 Main St. BLiffalo, New York 14209 (715) 556 -7720 President ' Jaynes Ostrowski October 12, 2007 lion. David .A. Iaranczyk - Common Council President lion. Dominic J. Bonifacio Jr.- Majority Leader, Niagara District Hon. Michael LoCurto - Delaware District Hon. Brian Davis - Ellicott District Hon. Richard A. Fontana - Lovejoy District Hon. Demone A. Smith - Masten District I lon. Joseph Golombek Jr.- North District lion. Bonnie E. Russell - President Pro Tempore, University District Hon. Michael Kearns - South District Mr. 'Timothy Wanamaker Office of Strategic Planning Attn, John Hannon Director of Real Estate City Hall Buffalo, New York 14202 BY HAND FrecNcwYork.or €r Blog-freeny.org cell (715) 435 -8918 hxnutive Dimlor Paulette l'etertion Re: Proposal of Free New York, Inc. to purchase the Fairfield Library Greetings: Free New York, Inc, hereby requests that the Common Council authorize us to purchase the Fairfield Library by appraisal, pursuant to the City Code and Charter. The city has already appraised the building; at $75,000. Thus, the appraisal process is complete and all that remains is for the Council to approve the sale to us at that price. We are in the process of fundraising drive to raise those funds and we arc i, Hon. David A. Franczyk, et al. October 12, 2007 Page two confident that we can do so by the end of January. We would ask for that amount of time to do so. (Obviously, this offer is subject to full disclosure of all possible environmental issues which may impact on the costs of renovation and our opportunity to inspect and obtain estimates of the cost of remediation.) As the City and Council are well aware by now, our primary use of the property would be to establish a Grover Cleveland Presidential Library on that site. We also intend to have our corporate offices there. Our corporate staff will double as staff for the Library. As things progress, we may use the building; for other cultural tourist. projects such as a Liberty Hall of Fame (a/k /a, Libertarian Hal] of Fame). We have previously described our Library project in letters to the City and Council, on the internet and in the media. The Administration has issued a Request for Proposals containing a complex and onerous set of demands on potential purchasers. The term "request for proposal" does not appear in the city code or charter. The Charter and code clearly vests the power to sell property with the Council. The Council is under no legal obligation to abide by this RFP procedure. We also object to the requested fee of $150 as it does not appear to have a basis in law. Frankly, it is apparent to us that the RFP is so structured as to guarantee that only a wealthy and well- established develo er could bid for this pro . This is ironically a typical example of how government regulations, while appearing to be wall- intended, actually subtlety discriminate in favor of the wealthy and against those of more modest means. When I asked the Real Estate Department for the legal basis of the RIP, they quoted Section 27-13. However, not only does that section not authorize the RFP process, it positively contradicts it. "Real property or any interest therein and appurtenances thereto belonging; to or in the control of the city, necessary for or incidental to the clearance, replanning, development or redevelopment, reconstruction and rehabilitation in substandard and insanitary areas, or for urban renewal, may be sold or leased for a terra not exceeding; ninety -nine years, or otherwise disposed of, to any person, firth or corporation at public auction f lon. David A. Franczyk, et al. October 12, 2007 Page three or by sealed bids at the highest marketable price or rental, when authorized by resolution of the council which shall desi mate the officer to conduct such sale or lease to ether with the terms and conditions thereof Notice of the time and place of auction or the date when bids will be received, with a brief description of the property or interest therein to be sold or leased, shall be published at least once each week for two weeks in the official publication of the eit y and in such other p1iblication or p ublications specified by the council. Upon the receipt of such bids, the person designated to receive them shall forthwith report and certify to the council the highest marketable price or rental, and the council may thereupon, by a vote of three - fourths of its members, order the sale or lease." I am not aware of any Council resolution that authorized this process and I have made many inquires about this property for many months, including; a formal inquiry that was placed on the Council's agenda. Whether or not this property is sold to an entity that fills out this RFP to the satisfaction of the Administration— whatever that might mean as they have published no guidelines —the buyer will of course be subject to all relevant laws including; zoning, property maintenance, handicapped access, and environmental laws. We are frankly not happy at the manner in which. our interest in this property has been handled. We were first told that the property had been sold. This turned out not to be the case. Rather, the Council had authorized a sale by appraisal to a private individual. The appraisal had not been obtained nor had it been approved by an administrative body, as were told must be done. Finally, the Council had unfettered discretion to approve or reject the sale. Apparently, this buyer lost interest in the property, leading us to renew our request for purchase. (We even offered to lease the property but were told that some state law forbade that. See Section 27 -13) however, suddenly and without explanation, after Free NY got involved the City decided to change its course from the procedure outlined in the Charter to one not outlined in the Charter. We are concerned that this sudden change of policy may be based on the controversial nature of Free NY itself. If so, that would be clearly illegal under the First .Amendment. The City may not discriminate against a group or individuals because of their political views, speech or associations. The Administration has clearly failed to handle this matter properly. The Council however, has full legal authority to act. We urge them to do so without further delay. Hon. David A. Franczyk, et al. October 12, 2007 Page four We are competing; with other regions of the country and other nations where it doesn't take eons to complete relatively simple real estate transactions. It would be tragic if the City loses the opportunity to turn this splendid building; into an important cultural institution and tourist attraction. We first expressed our interest in the Fairfield Library thirteen months ago. No progress has been made in that time toward a sale in spite of our numerous inquires. All the while the buildin Y and grounds of the farmer Fairfield Librar continue to decay and deteriorate. Let's not let the grass continue to grow under our feet, literally or figuratively. Sincerely, J tries Ostrowski President Free New York, Inc. OCT, 11. 2007 11:49AM THE KNORR CROUP NO. 0347 P. 2 THE KNO GROUP, PLLC 00 (716) 332 -4032 4z4 Main �tt"t, Suit; 1707 wwv .knoergroupxom Buffalo, New York 14202 Richa .td E. Scamon Of Cmise/ x5tanton@l�ix0ergeoup. October 11, 2007 Gerald Chwalinski City Clerk Commoa Council City Hall Bi)ffalo, NY 14202 CR '�: Appeal of Denial of Certificate of Exception for Proposed Improvements to 72 -76 Pearl ,street Dear Mr. Chwalinski: Please accept this letter as confirmation that the applicant, Pead Street Grill & Brewery, waives the right to a public hearing with regard to this appeal of the denial of the iregmst for a Certification of Exception. Should you have any questions, comments or concerns, please do not hesitate to call me at the number indicated above. Very truly yours, The Knoe:r Group ch�d E. St antola RS\jr Cc: Timothy Ball, Esq. ECEWE D AND FLED � �,'� a . 4�J PETITIONS Oct ] 6, 2007 0000iG T. Klentos, Elmwood, AKA 512 Elmwood, 510 -516 Elmwood for a Canopy over the ROW (Nia)(No Pub Hrg) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL, City Or, Aluffalo 65 Niabara Square Buffalo, NY 14202 (116)851 -4849 Fax(716)861 -5472 Report Date 10/04/2007 03:19 PM Submitted By DAVID GRUNDY Page 1 A1P # 1124 r. StJc� Date ! Tirire t y Date 1 lime UY Processed 10!0112007 13:24 GRUND Temp COO Issued COO Final Expires ype of Work # Plans 3 iept of Commerce # Pages 1 riority ® Auto Reviews Bill Group FLAT iquare Footage 0.00 Name Declared Valuation 1600.00 Calculated Valuation 0.00 Actual Valuation 0.00 L R1 QULRER, "SECTION 413 -56 0(4) FOR A CANOPY OVER THE RIGHT -OF WAY P.UB�, C I3i"AR1NG } l QUtRI;C NAGS TO THE FRONT OF A 1 STORY MASONRY STOREFRONT. AWNING HAS FRONT'SU ROLES. PLANS REQUIRED Parent AiP # Project# Projecul -hale Name . . Size/Area Size Description Address 510 ELMWOOD BUFFALO NY 14222 - Location AKA 512 ELMW000, 510 -516 ELMWOOD Contact I AC237646 Name TIM KLENTOS Mailing Address 36 FAWN MWADOWS CT City GETZVILLE ZIPIPC 14068 Day Phone Fax Occupant N From To Contact ID AC 124217 Name TIM K KLENTOS Mailing Address 36 FAWN MEADOWS CT City GETZVILLE ZIPIPC - 14066 Day Phone (716)886 -9176 x Fax Occupant N From To Contact ID AC1227733 Name WILLIAM E LOSING Mailing Address 237 MAIN City BUFFALO ZIPIPC 14203 Day Phone Fax Occupant N From To SIGNS Building Application Phase # Organization StatatProvinee NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 09/30/2007 To Organization MYTHOS REST StatelProvince NY Country US ❑ Foreign Evening Phone Mobile # (716)958 -1001 Owner Y From 1212312004 To 05/06/2007 Organization StatelProvince NY Country US ❑ Foreign Evening Phone Mobile # owner. Y From 12/2312004 To 05!0612007 City of MEMO 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Rannrt Date . 10/0412007 03:19 PM Page 3 374056 EIA 374055 ENGINEER No Conditions No Employee Entries SIGNS Building Application Submitted By DAVID GRUNDY � ,r3t:$rtE N 1©101/200713:24 N 10/011200713:24 No Log Entries WEST UTICA (rc,' WIDE) STREE T PARALLEL. WITH WEST UTICA STREET BUILDING Blag, 5.07 N. 93.0' Jolnl On Line z. III '.Fig z3 -nhln! Qj IF 1"11 RIC < w .J.r ✓�..... ° ti ° BRICK o+ Bldg. 3.35 E, ci 0 c Q. V C L -j w p BAREA ' . ` 0.1 . Bldg. G°Fh9 4.03 5. 0.07 W. 0n Line Guy �Ui J O G FRAME a� 3.0 E 1-1111, P PARALLEL. WITH WEST UTICA STREET BUILDING Blag, 5.07 N. 93.0' Jolnl On Line PART OF LOT 57 TOWNSHIP 11, RANGE 8 CITY OF BUFFALO ERIE COUNTY, NEW YORK rs+ ln7 E O 0 Ld III '.Fig u� v -nhln! Qj IF 1"11 RIC < w .J.r ✓�..... Bldg. O 2.47 N. o+ Bldg. 3.35 E, L Q Q. 6.32 -j w p ` 2.93 E. 4.03 5. 0.07 W. ' E c S �Ui J O G FRAME a� 3.0 E CL Ec1 e a L1 Bldg. 3.56 E. �m a 1 L -- � .lal.• n u tr u: z�. •. D' rn 83dg. 2.33 N. Utll. Pole 94.77 Fence 0,42$, €.42 W. . --- / / , Fen ca Bid 9• " 1.07 W. „ 1.21 S. u v rN o / 0,2z S. 3 0 o FRAME m ° ' BLDG. cu PARALLEL WITH WEST UTICA STREET PART OF LOT 57 TOWNSHIP 11, RANGE 8 CITY OF BUFFALO ERIE COUNTY, NEW YORK rs+ ln7 E O 0 to D O O J W z Ld W u� v 0 Bldg. 2.47 N. o+ On Line Bldg, W Bldg. On Line 2.93 E. 4.03 5. 0.07 W. ' E c S �Ui J O G _ 3.0 E e a L1 �m a n u r 2.3 E. to D O O J W z Ld u� v 0 Bldg. 2.47 N. o+ On Line Bldg, 2.11 N, , , Bld / / /O'If �lVtf3e Bldg 0.12S. T €la Coping 0.21 S. BRICK BLDG. I tay L. Sonnevitherger Laud Survey N.Y.S. Lie. No. 0:36193 60 Nis«*urfl Strevi 10. F. Nowak, Agent, Use 118 Schiller AKA 127 -135 Ogden, North For a HSF Food Pantry (Lov)(No Pub Hrg) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL C City of Buffalo USE Building Application F' Niagara Square Suffalo, NY 14202 (716)851 -4949 Fax (716)851- 5472 Report Date 10/ 02:62 P Submitted By DAVID GRUNDY Page 1 AIP # 112618 Date I Time By Date I Time By Processed 10/0412007 13:03 GRUND Temp COO Issued COO Final Expires 7BA APPROVAL. REQUIRED, SECTION 511 -136, FOR A HUMAN SERVICE FACILITY. TO EXISTING USE OF RECTORY, ADD USE OF FOOD PANTRY (NO KITCHEN FACILITIES U FOOD HAND -OUT ONLY). A2. STORY FR AME BUILDING. Parent A1P # Project # ProjectlPhase Name Phase # Size /Area Size Description Address 118 SCHILLER BUFFALO NY 14206 - Location AKA 127 -135 OGDEN NORTH Contact ID AC256715 Name ST FRANCIS OF ASSISI Declared Valuation 0.00 Calculated Valuation 0.00 Actual Valuation 0,00 7BA APPROVAL. REQUIRED, SECTION 511 -136, FOR A HUMAN SERVICE FACILITY. TO EXISTING USE OF RECTORY, ADD USE OF FOOD PANTRY (NO KITCHEN FACILITIES U FOOD HAND -OUT ONLY). A2. STORY FR AME BUILDING. Parent A1P # Project # ProjectlPhase Name Phase # Size /Area Size Description Address 118 SCHILLER BUFFALO NY 14206 - Location AKA 127 -135 OGDEN NORTH Contact ID AC256715 Name ST FRANCIS OF ASSISI Mailing Address 122 SCHILLER ST city BUFFALO ZIP/PC 14206 Day Phone Fax Occupant N From To Contact 10 AC87828 Name ST FRANCIS OF ASSISI Mailing Address 122 SCHILLER STREET City. BUFFALO ZIPIPC 14206 Day Phone Fax Occupant N From To Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 09/30/2007 To Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 05/28/2000 To 05/06/2007 No Addresses are linked to this Application No Addresses are linked to this Application 1125100004015100 No Parcels are linked to this Application APPLICATION FOR HUMAN SER"CtS RE STRICTED U SE PERMIT Date Octo 2 07_ Business Name C at h o l i c C h a _ r i t i e s of B u f f a l o 716 856-4 Butinims Jiddress 52 WaStre n t Stre T ows �r Buff alo, IVY 14203 � ---- . .�_�_ P) 127 Nor th Ogden Street Buffalo, New York _ 1 4206 Human Service Facility Addres�____��_,.,,_ .�- -- Dwine;as Standing. Private En ity Public Entity klypliealit Name, Applicant Phone #_ 716 8534424, ext 3004 ApplicanfAdtimss Catholic C 525 Washi ngton St Buff N Y 14203 -17 (No., Street) _ r. (City, Town or ViUgo) (State) - VIP) Appliczat's Business PasitioU Owner__ ftrtner Corporate L3 oor _ Outer De Director Business Operational Inf€ rruation Type of Facility; Food Paotry_ Soup Kiteben� wally -- In Center Drop -In Center___ Ccounselimg Center Deteation center Teutporary or Snort -Term he _ Transiout Houniu Substance Abuse Commuaity or Reddentiul Trestruent Vscility , presidential Treatment Facility .(Corrections! Furpow0 _____ Other — __._.___...�_ etail�dclesarilatil�ri ,ePrapos primary function o f this f acili ty is a, foo pa ntry to provide tempo food assistance to those in and /or families The secondary responsibility of the pantry is to provide information and referra on all public and socialprograms that areper to them as well as hel to make proper referrals for any long term assistance needed. The pantry also promotes the education of th c lient in such areas as budgeting, how to shop efficiently, how to stretch food dollars, nutrition education, meal p lanning. Eileen C. Nowak Wage F of Z APPLICATION MUST BE CtflVtt'GET0IN PML Regular Committees CLAIMS (Michael P. Kearns, Chairman) L Per,wnal 111jury c% That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: A. 1. Gregory Olma v. City and County of Erie $ 15,000.00 That a check be drawn on the account of Org 17221008 (480205.) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimant and his attorney, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed Recommended by the Committee on Clam Chairman ' h VO+N I i h �1 1�, � i 1F � iF # � !r• f f �p a o I i I 0 Personal Injury That upon the recommendation of the Corporation Counsel, the following action for personal injury arising out of alleged negligence on the part of the City of Buffalo, be comprised and settled: A. 2. Lawrence Chojnicki $ 2,500.00 That a clieck be drawn on the account of Org I7221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimant and his attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed Recommended by the Committee on Claim. Chairman ra��� al #A I 'I cm t N ol I ()O P Property Damage That, upon the recommendation of the Corporation Counsel, the following actions for property damages arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled. B. 1. A. Gareleck & Sons v. O'Herron v. City $ 750.00 B. 2, Dale Bless $ 92.50 B. 3, Harold Hooper $ 122.12 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims — Chairman �. O Acs,. Hsi• � � � ��� �� p • I+� • If s !� f i+r 1� x' W f1+ � * �� i.► f if�i�s� f i 1* � !1F O ;a+ . # 1� *. i� is .� : � r � � � �. �r � � � a � _ � � +r +t w � o+ s i� � 4 �� � y U O O Acs,. Hsi• � � � ��� Property Damage That the above item be, and the same hereby is returned to the Common Council without recommendation. MA -earns moved: B. / 4. Joseph That a chee Cl ims Prior Years, o pl intiffs and their att ai d delivered to them w ere such release a P $ 9.18 k be dr9hn on the ccouj 1008 (48020 Judgment • d� r (48 04) Current fisce to t respe et ve claim 11 ar or ys, if any, herei abthe amounts set posi their n pon execution and lrporation Counsel roper relt rel ndlcated. r; Recommended by the Committee on Claims Mr. Kearns moved that the above item be recommitted to the Committee on Claims. ADOPTED. — �' .,X" Property Damage That, upon the recommendation of the Corporation Counsel, the following actions for property damages arising; out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 5. Pauline Kosmoski $ 24.00 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims 7 O - O Z rA • tit R p #tf * J * I •t �' #►f w sf �� it �� # +►f a► +tf i► i `� �i � � w wf ; � D i Z I 3 - I - 0000 ,.y Property Darnage That the above item be, and the same hereby is returned to the Common Council without recommendation, Mr. Kearns moved: b. Marlene Myree $ 712.44 That a checkpe dra on the acc, unt o Wig 172210 S"'(4$0205) Judgment and Claims Prior Years, 0(480204} urrent F Pcal Yeas, ayable o the er sective jOad wants or plaintiff's and their a orneys, if an3� here' above nam.�� in t e amonr�t apt opite t eir r and delivered to the i upon execution and delivery to the - orporation Couns f roper el where such releases are indicated. P Recommended by the Committee on Claims zp Mr. Kearns moved that the above item be recommitted to the Committee on Claims. ADOPTED. OOOOGS Property Damage That, upon the recommendation of the Corporation Counsel, the following actions for property damages arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 7. National Fuel $ 555.22 B. 8. Mary O'Brien 51.31 B. 9. Darling Olivero $1,975.00 B. 10. Angelina Piraino $4,655.83 B. 11. Edward Weihing $ 196.20 B. 12, Roger Chainani $ 300.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims ch *1 4W R" 000069 ? Miscellaneous Reimbursements That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: C. 1. Monique Halton $ 90.00 C. 2. Joseph Hanson $200.00 C. 3. Donald Puccio $ 2.50 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, .or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims _ u- Chairman L pw � C+ 4 • � � y a pw � 0 4 e Miscellaneous Invoices That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid. D. 1. AAMCO Transmissions $ 550.00 D. 2. Dennis J. Campagna $1,500.00 D. 3. Colucci & Gallaher $1,006.50 D. 4. First Niagara Risk Mgt. $ 497.33 D. 5, First Niagara Risk Mgt. $3,837.38 D. 6. Hiscock & Barclay $2,428,35 D. 7, Hodgson Russ, LLP $10,104.60 D. 8. Jaeckle Fleischmann & Mugel $11,156,00 D. 9. The HD Group Inc. $1,175.00 D. 10, Xerographic Solutions $1,242.00 D. 11. Mercantile Adjustment Bureau Inc. $ 124.42 BRH Inc/POS Card Systems $3,495.15 M &T Bank $1,220.74 City Treasurer (clearing account) $6,857.06 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims,— ' Chairman f.'F ch to I O I o I t � ! I r Report to the Claims Committee That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: E. i . Edward Good $ 817.81 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimant, herein above named, in the amount set opposite his name and delivered to him upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims Chairman TAwp60Vnsword\mM 10- 10- 070mcomm,doc i AM P +h cok po Ot ti o E j - k i #1 #1# �I�r �I#► fit• s # � • �, a O E E j ' t V4 . k 1 CIVIL SERVICE (Bonnie E. Russell, Chairperson) 1901 0 0 0 '� Appt Motor Equip Mechanic (Prov)(Inter)(Alessl)(PW) (Item No. 31, Oct 2, 2007) That Communication 31, Oct 2, 2007 be received and filed and the Provisional appointment of Michael Alessi stated above at the intermediate starting salary of $31,743.00 is hereby approved. PASSED AYES - 9 NODS - 0 Recommended by the Committee on Civil Service Chairperson t I k . v o war 0000`x' Appt Water Meter Mechanic (Temp)(Max)(Barth)(PW) (Item No, 32, Oct 2, 2007) That Communication 34, Oct 2, 2007 be received and filed and the Temporary appointment of Andrew Barth stated above at the Maximum starting salary of $33,350.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service Chairperson i • .rya C � � O. �, O y O CI tit i �F �F � +f � !iF f �l • # # � f a � • � I 07 k Appt Public Safety Comm Director (Perm)(Flat)(DeGeorge)(Pol) (CCP# 34, 1012) That the above item be and the Same hereby is received and filed. ADOPTED. Recommended by the Committee on Civil Service Appt Assistant Corporation Counsel II(Perm)(Inter)(Cotter,Jr)(CC) (Item No. 36, Oct 2, 2007) That Communication 36, Oct 2, 2007 be received and filed and the Permanent appointment of John Cotter, Jr stated above at the Intermediate starting salary of $59,158.00 is hereby approved. Recommended by the Committee on Civil Service Chairperson - O • h► r Iw � h► � t� It � I�► �* *r i� +} I� {ice . +r�r•r�� x *��� fish D � o d a H h M Appt Secretary to Comm of A &F,(Pol) & Urban Affairs (Exempt)(Anderson) (A &F) (CCP# 30, 10/2) That the above item be and the same hereby is received and filed. ADOPTED. 0 Recommended by the Committee on Civil Service r Wy\' . � _ Notices of Appointments Temp/Prov/Perm (CCP# 58, 10/2) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Civil Service 1 f, �O FINANCE (Brian C. Davis, Chairman) 00078 A.D. Price Apartments PILOT (item No. 11, C.C.P. ,October 2, 2007) That the above item is hereby Received and Filed ADOPTED Recommended by the Committee on Finance 00 1 Abatement of Uncollectible Accounts Receivable Invoices (Item No. 18, C.C.P., October 2, 2007) That after the removal of the attached listing of uncollectible accounts receivable invoices totaling $7,178,190.38 from the City's records is hereby approved. Passed Recommended by the Committee on Finance Chairman PTS:rmv T :Iwp601mswordlmrv11 k10- 2c.doc L i I . # �. � . t z� s� .� - � o r� ��,. ��* ��� *rte �.* >. r t+ � + :�� � � O � � �� U � x C � �� � - +� -,r-,� - - »got► �� ���� . ���� L 0 0 00 Grass CLitting Invoice Transfers (Item No. 26, C.C.P., October 2, 2007) That the invoices detailed on the attached communication be and hereby are abated fi miscellaneous accounts receivable and the Commissioner of Assessment & taxation is hereby authorized to place the charges totaling $7,670.0 0 on the Local tax. rolls. Passed. Recommended by the Committee on finance Chairman. PJS:riiry TAw [)(i0 mswordlrm02GcP0- 2c.doc V_ M. Kearns -J. Pierakos -Bond Requirements (ccp# 49, 4117) That the above item be and the same hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 0 M. Kearns -J. Pierakos -Bond Requirements(Admin & Fin) (ccp# 69, 7124) That the above item be and the same hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 00008 Status of Downtown Parking Situation (Bd of Pkg)( #3,7110) (ccp# 106, 7124) That the above item be and the same hereby is Received and Filed ADOPTED Recommended by the Committee on Finance COMMUNITY DEVELOPMENT (Joseph Golombek Jr., Chairman) 000ON 4 S.Gee NYSDOT- Response S OUthtOWI1S Connector Project (No.64 10/02/2007) That the above item is Hereby referred to the Special Committee on Waterfront ADOPTED Recommended by the Committee oll Co►11mullity Development , i � -4— H.Kozlowski — Notice of Approp Fuhrmann Blvd Map #343 (No.66 10/02 /2007) That the above item is hereby referred to the Special Committee on Waterfront ADOPTED Recommended by the Committee on Community Development_ �� 0 H.Kozlowski — Notice of Approp Fuhrmann Blvd Map #339 (No.67 1 0/02/2007) 'That the above item is hereby referred to the Special Committee on Waterfront ADOPTED Recommended by the Committee on Community Development ��- 00008 7 } H.Kozlowski — Notice of Approp Fuhrmann Blvd Map #3388 -1,351 (No.68 1 010212007) That the above item is hereby referred to the Special Committee on Waterfront ADOPTED Recommended by the Committee on Community Developmen %4T a.1-Juang- Req Asst in Updating Buffalo's Nad. Flood Insurance .Program (No.60 03/20/2007) That the above item is hereby Received and Filed ADOPTED Recommended by the Committee on Community Development ` �_ . ki l i LEGISLATION (Richard A. Fontana, Chairman) Food Store License ---- 2534 Bailey (Item No. 37, C.C.P., October 2, 2007) That pursuant to Chapter 194 of the City Code, the Commissioner oi' Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Hatem Hassan located at 1245 Delavan East (City Market & Deli). Passed C Recommended by the Committee on Legislation Chairman TAB:rmv T:Iwp60 \nswordlnnv\37c 10- 2a.doe Ig •,�,.�. � 1} 1� D � }� 1� ef+ . �► !# t# w � O I , \r/ j����/ ., ,�f �' it f w� � � � � � � �► � � # la� • 1+� � l� O �� � �� W f If f � a. 1# +� t� � I� � I+t � !� � hr # hr �+ ;f �r���s.�� sf ir+a�irsf�� k �i �`� M"�r"tirti h � I� i � � � _ Food Store License — 1440 Kensington (Item No. 41, C.C.P., October 2, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrr-- Fontana moved: Th t Pursuant to Chapter 104 of the City °Codb he Commissioner f Economic Developmo it, Permit & JrfVe�tions Services, �b and he ereby is a 70, rued to grant a Food Stor it t Mohalrx�d AsMdni (AM PM Ia Mart lcated at 1440 Kensington avenue. Passed. Recommended by the Committee on Legislation Chairman TAB:rmv Tawp601mswardlrnrv141 c 10- 2c.doc \h Mr. Fontana moved that the above i Legislation II� be recommitted to the Com.ittee o ADOPTED. i L %<% oo 9i Food Store License -- 1892 Seneca (Itern No. 43, C.C.P., October 2, 2007) That the above item be, and the same hereby is returned to the Common Council without recoffimendation. Mr. Fontana moved: T at pursuan "- Chapter 194 of the Gity Code, the Commissioner of F -Ohomic Developm nt, Per t & Ins actions Sexyices be, ah e he eby� s authorized to giant a Food Store icens7tto Angela Alyanedi (Mastrianni'0,1 cated at 1892 Seneca Street. Passed. Recommended by the Committee on Legislation Chairman tab :rmv T:Iwp60Ijnswordlnnvl43c [ 0- 2c.doc 9-0 Mr. Fontana moved that the above i Legislation fem be recommitted to the Committee on ADOPTED. f I a L k % mmm r, Food Store License — 117 -11 Colvin (Item No. 89, C.C.P., October 2, 2007) �> (Item No. 53, C.C.P., Sept. 4, 2007) (Item No. 88, C.C.P., Sept. 18, 2007) "Chat the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That 1I rsuant tai C >aa e Cjl pter 194 of the , the Commissio cr of Fscon Dev lopme t,�ennit Inspections ser'V1C j be, and 1 b- ,hereby is a hori d to gr Food More icer e iwvaii I lam, loc'Zd at 117 -119 Colvin: Passed. Recommended by the Com F'JS:nnv T:1wp60\niswordlnnl189c 10- 2c.doc �� �1 Aft- Fontana moved that the above Legislation item be recommitted to the Committee on OPTED_ s �,t,s Restaurant /Dance License (Renewal) (Item No. 45, C.C.P., October 2, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class License III to Curtis Drake d /b /a New Golden Nugget Inc. located at 2046 Fillmore. Passed. Recommended by the Committee on Legislation TAB:rmv TAwp60jnswordVmv145c 1 0- 2c.doc Chairman MT .- "J-"P" • � � f E V o y 0 5 41 0 o G () '; Restaurant Dancing Class III -- 45 Chippewa West (Item No. 26, C.C.P., Apr. 17, 2007) (Item No. 92, C.C.P., October 2, 2007) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That Grsuant to Chapter 150 of the City Code, c - C nuiss_io er of Economic Developmen Permit & Ins kttion Servj eg he;7andphe hereby is authori2ed,.lo/ grant a Restaurant D sing Class II licehse-- tAandall Pfeifer d/b/a Big Shotz, located at 45 Chippewa West. Passed. Recommended by the Committee on Legislation Chairman TAB:rmv t:Iwp6NnswordlrmvW2c 10- 2c.doc Mr. Fontana moved that the above item be reco Legislation mmitted to the Committee on ADOPTED. 1 f { �, %: Used Car Dealer License -- 411 Walden (Item No. 47, C.C.P., October 2, 2007) That the above item be, and the same hereby is returned to the Common Council Without recommendation. Mr. Montana moved: That 1. rsuant to Chap i 25�t of the City Cer e, _he Coma tissioner of Econom is bevel pn�cnt; en and lns ection Service/ n�it be,, ld h reby is author' zed to gran" Used'Ca Dealer liceise to Sac lbla Allstate Auto located at 41 l 1deii. Passed. Recommended by the Committee on Legislation 'rAB:n nv '1':1av1)60\ziiswordlriiiv\47c 10- 2c,doc Chairman TA I& - Fontana moved that the above Legislatioxt item be recommitted to the Committee on ADOPTED. �, k:+ Appeal of Denial of Certificate of Exception: for Proposed In to 72 -76 Pearl Street (Item No. 72, C.C.P., Oct. 2, 2007) That pursuant to City Charter and Codes §337 -26 the Pearl Street Grill and Brewery's appeal of the Preservation Board's denial of its Certificate of Exception on June 21, 2007 for the extension of the second floor balcony along Franklin Street by twelve feet, three inches (12' 3 ") at 72 -76 Pearl Street is hereby modified to allow said extension, after the Public Bearing requirement of §337 was waived with the consent of the applicant at the October 9, 2007 meeting of the Committee on Legislation. Passed. R Recommended by the Committee on Legislation Chairman TAB. rtmv T:1wpWjnsword\rjnv172c 10 -2c, doc PLO I o- � I Ordinance Amendment - Chapter 137 — Code Enforcement (Item No. 100, C.C.N., Oct. 2, 2007) That after the hearing before the Committee on Legislation on October 2, 2007, the Ordinance Amendi as contained in Item No. 100, C.C.N., October 2, 2007, be and the sane hereby is approved. Passed Recommended by the Committee on Legislation Chairman TAB:rniv TAwp60lmswordlramV 00c 10- 2c.doc z . Ch 0 11 u .49 a W ca u 0 0 iH o 9 "t t' Unresponsiveness of National Fuel and National Grid to Citizen Complaints(Exept I" & 2 ° Res) (CCP# 103, 1012) That the above item is hereby Received and Tiled ADOPTED ,r - :2 Recommended by the Committee on Legislation � r ` �'� A. Armstrong- Response Resolution Policy to Take Title to Properties Not Receiving Bids at In Rein Sponsored By CM Bonifacio (CCPfl 85, 07124) That the above item is hereby Received and Filed ADOPTED Recommended by the Committee on Legislation C_� jo 1 D. Bonifacio -The LandBank Initiative -A Model for Cities (CCP #$6, 07/24) That the above item is hereby Received and Filed ADOPTED Recommended by the Committee on Legislation �` �Y\ C� ENNUM Appeal of Driveway Application Denial - 47 Orton Place (Item No. 88, C.C.P., July 24, 2007) That pursuant to City Charter and Codes §337 -26, the appeal of Pamela Obershei mer, 47 Orton Place, Buffalo, New York 14201 from the Preservation Board's May 10, 2007 denial of her requcst to install a parking pad at 47 Orton Place is hereby granted and the Preservation Board's denial is therefore reversed, after the public hearing requirement of §337 was waived with the consent of the applicant at the October 9, 2007 meeting of the Committee on Legislation. Passed. Recommended by the Committee on Legislation ( - - p1d J2 1 ?�� �a - Chairman TAB:rmv T:VvpWD mswordVinvl88c7- 24c.doc © 1 z� W � 1� w � f Is s Ef * I� � i� � 1+� f Is v �+ f If ,�. # � i 1 'Q : � . +r � � �. �r * �r # � � s �' �► � +w D► � * 1# 1# O i.i � � � � � � � � � z 0 A � � ►-� � a y . � .- +.�,.�w. - �� r e � _ ��� �.t w..ra.r�r • 4 Dal O D. Bonifacio -L. Fleron- Findings and Recommendations Living Wage Comm (CCP# 41, 07/10) That the above item is hereby Received and Filed ADOPTED Recommended by the Committee on Legislation � 0 D. Bonifacio -C. Turner-Findings and Recommendations Living Wage Comm (CCP# 42, 07110) That the above item is hereby Received and filed ADOPTED Recommended by the Committee on Legislation D. Bon ifacio- S.Snow-Article How I Saved My Street Tree From the Wrecker's Ball (CCP## 45, 07110) That the above item is hereby Received and Filed ADOPTED el� �_ Recommended by the Committee on Legislation �V i 4 `` �� Time Warner Cable- Response to City's Franchise Proposal (PW) (CCP# 36, 06/12) That the above item is hereby Received and Filed ADOPTED Recommended by the Committee on Legislation 7 00w COG Support Creation of Dog Park in COS (Exc. I" & 2 " Res.) (CCP# 134, 0413) That the above item is hereby Received and Filed U- 1101MINE Recommended by the Committee on Legislatio e D. Bonifacio -Model Quality of Life Centers (Draft) (CCPHSO, 05129) That the above item is hereby Received and Filed ADOPTED Recommended by the Committee on Legislation 0001 Food Store License — 1445 East Delavan (Item No. 36, C.C.P., May 15, 2007) (Item No. 95, C.C.P., July 10, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 194 of the City C� he Cammissione echo services be, a =he eby is authzed to gra re License to id oh D locate t Dclayo Passed. Recommended by the Committee on Legislatio Chairman TAB:rmv T:%wp60Vmword\nPvW5c7- 10c.doc Mr. Fontana moved that the above Legislation item be recommitt to the committee on ADOPTED, • F i k- V k 0 00.09 Food Store License - 1981 Fill)nore (Item. No. 37, C.C.P., May 15, 2007) > ' (Item No. 100, C.C.P., .Tune 26, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That p suan o Chaptcr 194 o'the Ci y Code, the Coi Winer of Eco De elopment, ermit & e tic�ns Services be, a r c y is author e t� ant a Foo Store Dense to Kala Singh, located at 1981 Fillmore (Sunoco A Plus). Recommended by the Committee on Legislation Chairman TAE3 :rmv TA ,.vpWniswordlrmv1100c6- 26c.doc Mr_ Fontana moved that the above item be rec Legislation ommitted to the Committee on ADOPTED. E 1 f `s 4 50 RESOLUTIONS Oct 16, 2007 U RESOLUTION Appoint Legislative Aide Hy: Mr. Franczyk Whereas: I, David A .Franczyk., wish to appoint Aniela M. B lj of 180 Sheffield Ave, BLIffalo, NY 14220 to the position of Legislative aide of the Fillmore District effective October 22, 2007; and Now, 'T'heref'ore, Be It Resolved: That the Common Council hereby appoints .Aniela M. Baj to the position of Legislative Aide to the Fillmore District Councilmember. Da id A. Franezyk ADOPTED 000111 RESOLUTION Appoint Sr. L gistative Assistant 13y: Mr. Franczyk Whereas: 1, David A. Franczyk., wish to appoint Michael Kuzma of 189 Clinton St, Buffalo, NY 14206 to the position of Sr. Legislative Assistant of the Filln District effective October 22, 2007; and Now, Therefore, Be It Resolved: That the Common Council hereby appoints Michael Kuzma to the position of Sr. Legislative Assistant to the Fillmore District Councilmember. David A. Franczyk - ADOPTED Resolution o., Sponsor: Mr. Franczyk, Mr. Golombek RE: Recognizing UNESCO's First World Audiovisual Heritage Day Whereas: Buffalo, New York is unique in the world in the history of Motion Picture Theaters, for the number of theaters that survive from 1896, 1908, 1910, 1919 and other years; and Whereas: Mitchell Mark (1868 -1918) of Buffalo was the visionary who founded the Vitascope Theater on October 19, 1896 at the Ellicott Square Building, the Vitascope Theater being probably the first true motion picture theater in the world; and Whereas: The Regent Theater, built in 1910 still survives as the Bethesda International World Harvest Church; and Whereas: In 1952, the American Optical Company of Buffalo under contract to Mike Todd developed the camera and projectors for the unique and influential TODD -AO 70mm motion picture process, used for "Around the World in 80 days" and "Oklahoma" among other films; and Whereas: Richard Rogers and Oscar Hammerstein 11 witnessed the first test demonstrations of this process in August 1953 at the Regent Theater in Buffalo leading to the adoption of TODD -AO as the method for filming "Oklahoma "; and Whereas: The United Nations Educational Scientific and Cultural Organization (UNESCO) has proclaimed October 27 as World Day for Audiovisual Heritage, which will be celebrated for the first time on October 27, 2007; and Whereas: UNESCO's stated concern is that much of the world's 20 century audiovisual heritage is now lost, and much more is slipping beyond recovery because of neglect, natural decay and technological obsolescence; and Whereas: The Main objectives of the World Day for Audiovisual Heritage are to: • raise public awareness of the need to preserve our Audiovisual Heritage; • provide opportunities to celebrate specific local, national or international aspects of this Heritage; • highlight the accessibility of Audiovisual archives; • attract media attention to Audiovisual Heritage issues; • raise the cultural status of the Audiovisual Heritage; • highlight Audiovisual Heritage in danger, especially in developing countries; and Now Therefore Be It Resolved That the Buffalo Common Council hereby recognizes the City of Buffalo's contribution to audiovisual history and recognizes October 27 as the World Day for Audiovisual Heritage. avid A. Franczyk J eph Golombek Resolution Sponsor: David A. l'ranczyk RI?: "Maggie Y. Boyd. Way" trailblazing signage Whereas: 1Zcvcrend Boyd, served as pastor of Metropolitan United Methodist Church for nine years, and helped her congregation and the surrounding community until her death due to Cancer. Whereas: Reverend Boyd loved children and served the poor. Reverctld 13oyd provided food, clothing and shelter to the poor in the con71l1unity, as Well as guidance Whereas: Reverend Boyd's reputation for .helping the impoverished has outlasted her h6c, today almost two years later people are still coming to Metropolitan United Methodist Church seeping her assistant, comfort, and guidance:. Whereas: Reverend Boyd was a.niother, pastor and friend, not only to her congregation but also to the surrounding community. Whereas: Reverend Boyd served her haniily, congregation, community and the lord, and was an example of how we s',,ould all live our lives and, Now Therefore Be It Resolved 'Fhe Common Council of the City ol'Buffalo grants permission to designate a portion orthe street, which extends from the corner ol'Best Street and Herman Street to the parking entrance to the church "Maggie Y. Boyd Way" lie It Further Resolved Tliat the trailblazing signs are installed and meet all requirements ol'pertinent City Departments and that no existing laws should be violated. L David. A. Franczyk REFERRED TO THE COMMI'T'TEE ON LEGISLATION & � COMMIOSLONER OF PUBLIC WORKS urvEr�o 3 0 CHURCH September 19, 2007 Metropolitan United iMethodist Church 657 BEST STREET a BUFFALO, NEW YORK 14211 (7 16) 893 -5652 fAX(7161 595 -3626 To Whom It IV1ay Concenin O CT 0 2 2007 We are writing this letter to ask you to consider naming a portion of the street that extends from the comer of Best & Herman to the parking entrance to our church; "Maggie Y. Boyd Way ". Reverend Boyd served as pastor for nine ,years until she lost her battle with cancer in September 2005. Rev. Boyd was pillar in our community; she loved children and had an overwhelming compassion for the poor. Under Rev. Boyd's leadership, Metropolitan UMC provided food, clothing and shelter to ho>nelcss single mothers at our satellite; home. If no one in the congregation was available to supervise the house; Rev. Loyd would sIe;ep over herself until someone became available. Reverend Boyd was a mother, pastor, and friend, not only to her congregation but also to many neighbors that surround the church.. Today almost 2 years later people still come to the church looking for her knowing that she would feed, clothe, and shelter therm. Reverend Boyd truly believed in helping the poor and saving souls! Reverend Boyd was a servant of the lord until she took her last breath! We would like to horror our former pastor by naming this corner, "Maggie, Y. Boyd Way" where she believed there was a place for everyone in God's house, the Rich and the Poor, the Young and Old! Thank, ypu for your consideration. ,IT Blake, Pastor , Joa�r Harris,` Coordinator Rev. 1. T. Blake, Pastor MIN. IOLA AARON, LAY LEADER BRO- EARL PARK, LAY LEADER EMERITUS �� 000114 Oponsur: MR. DAVID A. FRANCZYK � `"A ����'�� � r�1 ► =��%� . .�' Subject: The C.R.U.C.I.A.L. Solution Whereas: CRUCIAL, the Coalition for the Redevelopment of Unified Community Involvement & Leadership, located on 230 Moselle St. Buffalo, NY 14211, is a not - for - profit community services center committed to providing educational and recreational opportunities to youth, seniors, and community members at large and a "Safe Haven" for community residents living within the North Fillmore area; and Whereas: CRUCIAL is located in the heart of Buffalo's Federal Enterprise Community (FEC) where community needs are great and resources are limited; program participants reside in a policing district renowned for high crime activity, high adult unemployment, households with annual incomes of less than $20,000, high teen pregnancy rates and a third of the residents under the age of 18 live in single - parent homes; and Whereas: CRUCIAL was established to provide accessible services that address the needs of at -risk youth through homework assistance activities, community residents through recreational and cultural enrichment programming to enhance their quality of life, and community seniors, by providing an alternative to isolation through their involvement with arts and crafts, table and board games, aerobics, shopping trips, computer instruction and seminars specific to the needs and desires of seniors; and Whereas: CRUCIAL is designated as a "Safe Haven" to provide community residents with a safe space and place to socialize, learn, and play, and to provide youth with an alternative to juvenile /criminal activities during vulnerable periods of the day in. the form of athletic sports (i.e., basketball, soccer) table and board games, arts. and crafts activities, after school tutorials, life skills activities, job training activities, and external excursions; and Whereas: CRUCIAL's computer lab provides community members with an opportunity to learn word processing, data -base and spreadsheet programs, internet, e -mail, and web design and the television room is linked to a network that provides community block clubs access to information and insights into new initiatives that they may find helpful in their planning processes, along with a state of the art kitchen, an arts and crafts room and a dining and home economics room; and Whereas: CRUCIAL offers its services and activities to the community thereby benefiting the participants and the City by utilizing a "Leave No Neighborhood Behind" work ethic. Whereas: CRUCIAL now finds itself at the crossroads of its existence by virtue of a experiencing declining revenues and escalating expenses associated with operating a facility many times larger than its previous cramped facility on Genesee Street which have led the organization to accumulate arrearages to the City amounting to in excess of $70,000 for utility and refuse removal costs; and Whereas CRUCIAL continued existence can be best served by greater community assistance and relief from the City in the form of a new operating agreement and abatement of all outstanding billings_ old It Now T herefore Be it Resolved: 4 That this Common Council hereby releases CRUCIAL of their total liability for the unpaid reimbursement of utility costs owing to the City as of this date. And Be It Further Resolved: That this Common Council hereby requests the Mayor to direct the Real Estate Division to prepare a new operating agreement for the period beginning today, that would temporarily relive CRUCIAL of the burden of reimbursing the City for utilities at their present location, pending their return to fiscal stability as determined by the Department of Community Services and Recreation Programming, AVID A. FRANCZYK APP_ -'2nd RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF PUBLIC WORKS PARKS AN H STREETS / Y `., RESOLUTION By: Mr. Franczyk WHEREAS, Revitalizing Urban Neighborhoods, Inc, (RUN Buffalo) is a non- profit organization formed to encourage neighborhood revitalization through the elimination of urban blight in the City of Buffalo; WHEREAS, RUN Buffalo proposes the demolition of vacant and dilapidated structures which are not eligible for, nominated to, or listed on the National Register of Historic Places; WHEREAS, RUN Buffalo proposes the construction of community gardens and or other landscaping on said properties; WHEREAS, Buffalo Urban Renewal Agency approved a land disposition agreement transferring 832 Sycamore; WHEREAS, Due to their charitable purpose, RUN Buffalo requests a waiver of fees for demolition permits at 832 Sycamore; NOW THEREFORE BE IT RESOLVED, that fees for demolition permits at 832 Sycamore be waived. cv, D vid A. Franczyk REFERRED TO THE COMMITTEE ON FINANCE C-C, AND CORPORATION COUNSEL 0 Resolution Sponsor: Mr. Golombek Re: Making the Empire Zone Program Work For Buffalo and Other Upstate Communities Whereas: The key to our local and national economy is small businesses employing fewer than 50 people as that is where a majority of jobs are created; and Whereas: Governor Eliot Spitzer has committed to addressing upstate New York's need for jobs and economic development; and Whereas: Many government programs at the national and state level that may work in cities such as New York, simply do not fit or work well for assisting small businesses in the City of Buffalo; and Whereas: As pointed out in a recent editorial in the Buffalo News by developer Rocco Termini, the states Empire Zone program is an example of a program that may need a different set of rules for New York City and a different set of rules for Buffalo; and Whereas: In order for a developer to receive the significant benefits provided by the Empire Zone program, the developer must hire new employees as part of a project; and Whereas: In New York City it is not uncommon for a developer to hire many new employees, but in Buffalo a developer typically builds space for other companies to occupy with their employees. The developer himself does not create jobs on the developers payroll, but the businesses locating in a renovated or newly built building do create jobs; and Whereas: The focus of the Empire Zone program should be on the number of jobs the project creates, not the number of jobs the developer creates; and Whereas: Without Empire Zone benefits, a developer cannot offer low -cost rent to small businesses, as such the feasibility of changing Empire zone rules for upstate New York should be explored; and Now Therefore Be It Resolved That the Buffalo Common Council is interested in receiving comments as to the feasibility of changing Empire Zone rules for Buffalo and other upstate communities, from Daniel Gunderson Upstate Chairman of the Empire State Development Corporation, Richard Tobe Commissioner of Economic Development Permits and Inspection Services, area developers, the Buffalo Niagara Partnership and other upstate New York communities. Be It Further Resolved That this item is referred to an appropriate Committee of the Common Council to receive and discuss the comments requested above. J eph Golombek J 9 ADOPT lst RESOLVE. REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT of-I ' Resolution Sponsor: Mr. Kearns Co- Sponsors: Mr. Franczyk, Mr. LoCurto RE: Southtowns Connector Project Whereas: The New York State Department of Transportation ( NYSDOT) is preparing to let contracts on November 15, 2007, to begin work on the Southtowns Connector project; and Whereas: John Norquist of the Congress for the New Urbanism, Smart Mobility, Inc. consultants and several Buffalo Common Council Members have expressed concerns regarding the development plan selected by the NYSDOT; and Whereas: Roads are for more than just moving traffic from point A to point B; roads can create a sense of place and spur economic development when constructed correctly; and Whereas: It is important that Route 5 be redeveloped correctly, to avoid making a mistake that will have ramifications for years to come; and Whereas: The Western New York Region has learned a number of hard lessons from projects which were well- intentioned, but are widely considered to be "mistakes," such as: placement of the Buffalo Bills football stadium in Orchard Park; the University at Buffalo's Amherst Campus; the Scajaquada; the Buffalo skyway; and Whereas: The Buffalo Common Council is interested in establishing a dialogue with Governor Spitzer, NYSDOT, Congressman Brian Higgins, Mayor Byron Brown, John Norquist of CNU, Smart Mobility, Inc. and others to ensure that the NYSDOT is proceeding in a fashion which makes the most sense for developing our waterfront; and Whereas: The Common Council is in receipt of a notice from NYSDOT stating that the City of Buffalo has a possible right, title, or interest in land which is being appropriated by the State of New York, through Eminent Domain, as part of the Southtowns Connector project. The communication from the State indicates that there is a 3 -year Statute of Limitations in which to file a claim in the New York State Court of Claims, regarding the appropriation by the State (copies of the communication are attached); and Now Therefore Be It Resolved That the Buffalo Common Council hereby requests that Governor Spitzer and the New York State Department of Transportation delay the letting of contracts for the Southtowns Connector project planned for November 15, 2007, so that this important project may be more fully discussed with all interested parties. Be It Further Resolved That the Buffalo Common Council requests an immediate report from the City Law Department, which discusses the legal remedies available to the City, in conjunction with the above mentioned communications from the State regarding Eminent Domain of land for which the City has a possible, right, title or interest. Be It Further Resolved That the Southtowns Connector project is located in a Coastal Review Zone, as well as a City special zoning district, and given that the City Council adopted a Local Waterfront Revitalization Plan in 2005, an immediate opinion is requested from the Law Department as to whether the State, in moving forward with the Southtowns Connector project, has complied with the requirements of a Coastal Review, the City's Coastal Review Special Zoning District and the Local Waterfront Revitalization Plan, Be It Further Resolved That the Buffalo Common Council hereby directs the Law Department to file a claim in the New York State of Claims opposing the States appropriation of Fuhrmann Boulevard, Parcels 379, 380, 386, 394, and 395. Be It Finally Resolved That this Resolution be referred to an appropriate Committee of the Common J Council to further consider and discuss the res " poonses�rej;lpested above. Michael P. Kearns Michael J. LoCurto David A, Franczyk ADOPT 1st, 2nd & 3rd RESOLVE, REMAINDER `TAO THE SPECIAL COMMITTEE ON WATERFRONT DEVE 01r i By: Mr. Smith , RE: Request For Public Hearing on City of Buffalo's Police Department Policy, Procedures & Citizen's Complaints Whereas: It is the duty the Buffalo Police Department and its' officers to provide for the safety of the residents of the City of Buffalo; and Whereas: One of the goals of this Common Council is to provide for and make adequate provisions to provide the Buffalo Police Department with the necessary means to provide for the public safety for the residents in the City of Buffalo; and Whereas: In recent months there have been incidents and concerns that have come to the attention of this Council regarding police policy and procedures; and Whereas: In an effort to assure the public that Public Safety oCour residents is of utmost importance to this Council, a meeting should be held between the Buffalo Police Department, the general public and this Council to outline, explain and evaluate Police policy and procedures as well as air any grievances of the public with the Buffalo Police Department; Now, Therefore, Be It Resolved That: The Buffalo Common Council is requested to hold a Public Hearing to address Police Department Policy, Procedures and concerns of the general public against the Buffalo Police Department; and Be It Further Resolved, That the City Clerk is directed to schedule a Public hearing after the adoption of this resolution; and Be It Finally Resolved That: the City Clerk is hereby directed to sen c pies of this resolution to Mayor Byron W. Brown, Police Commis' n - • H. McCarthy Gipson and Alisa A. Lukasiewicz, Corporation Couns f - their review and comments. SMITH ADOPT 2nd and 3rd RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION J� ���� .p � �" � t - L.t �..■IM.r.I Vr a ... . ,� � r #, f tt �� f 0 *i ,�� r� a � Q r o � � 0 �, � � � � � � c �► . x �f���i� *ff #�� ����� }* .. ,� � . Resolution Sponsor: Demone Smith Re: Request for Information regarding Living Wage, MWBE and Diversity Goal Compliance Whereas: The City of Buffalo has adopted a Living Wage Law and has had challenges in the full implementation; and Whereas: There has been a willing desire for full compliance but legalities, incomplete information and understanding has hindered successful observance of the Living Wage Law; and Whereas: Implementation of the Living Wage Law and compliance of Diversity Goals and Minority Business Enterprise together are successful tools in combating poverty in the City of Buffalo. Now Therefore Be It Resolved That: This Common Council of the City of Buffalo hereby requests the following information regarding implementation of the Living Wage Law, Diversity Goal Compliance and Minority, Women and Business Enterprise: • Current legalities involved restricting implementation for the City, Rural Metro and Brand On • Progress in compliance of the Living Wage • Total budgetary expense for complete observance of the Living Wage Law for City Employees • Breakdown of ethnic composition of City Workforce • Diversity and MWBE Compliance reports of all City Departments and Authorities, businesses, contractors and organizations subject to Minority and Women's Business Enterprise and Diversity Goal Legislation. • Opinions and any pertinent information regarding the aforementioned requests contained within this resolution. Be It Further Resolved: That this Resolution be forwarded to the responsible City Departments and Minority Business Enterprise Committee of the Common Council of the City of Buffalo; and Be It Further Resolved: That this Common Council of the City of Buffalo officially go on record to support a resolution filed by Ferry District School Board Member Pamela - Cahill, Chair of Finance and Operations, requesting the Board of Education adopt a living Wage Policy for bus aids and food workers and Be It Finally Resolved: That all requested information or reason for inability be submitted tthe Minority Business Enterprise Committee by October 22, 2007 at 2:00 PM A. Sm ADOPT 1st & 2nd RESOLVE, REMAINDER To THE MINORITY BUBINESS ENTERPRISE SPECIAL COMMITTEE Iv - 3 Resolution Sponsor: Demone Smith Re: School Truancy Whereas: There has been complaints by residents regarding students "skipping school" by hanging out in the neighborhood, in front of corner stores and other public locations during school hours; and Whereas: Formally there was a patrol that helped to deter school truancy. It is either understaffed or not in existence; and Whereas: In addition to Legal and social justification in higher attendance rates, the Buffalo Public School District losses funding for non attendance in sales tax revenue due to the usage of attendance as a factor in the formula in distribution of sales tax dollars; Whereas: There currently exists a need of enforcement of laws and policies requiring students to attend school; and Whereas: Other municipalities such as Miami and Rochester have developed strategies to combat school truancy; Now Therefore Be It Resolved That: The appropriate representatives from the Board of Education and City Administration attend the next meeting of the Education Committee of the Common Council of the City of Buffalo to discuss, develop and implement a system of enforcement to prevent school truancy; and Be It Finally Resolved That: This resolution is forwarded to the Mayor, School Superintendent, Police ommissioner, and Board of Education. Demone Smith ADOPT 2nd RESOLVE REMAINDER TO THE SPECIAL COMMITTEE ON EDUCATION .f f 00012, �l. 51 No. By Mr. Smith Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Barabara Sims By Councilmember Brian Davis Felicitation for Richard McKee By Councilmember All Memtbers Felicitation for Ronald Harvey Jr By Councilmember All Members Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for By Councilmember In Memoriam for By Councilmember ADOPTED 4; Oct 16, 2007 J c; At the regular meeting of the Common Council of the City of Buffalo, held on Tuesday, October 2, 2007 the following proclamation sponsored by Ellicott District Councilmember Brian C. Davis, was unanimously adopted and; Whereas: Barbara M. Sims was born in Buffalo NY to Frank and Car►nelita Merriweather the founders of the Buffalo Criterion Newspaper, the oldest Minority owned business in the City of Buffalo. Whereas: Barbara M. Sims became the first African American Women to receive a law degree at the University of Buffalo and upon graduating from law school she entered into a law partnership with her husband, the late Judge Williams Sims under the firm name of Sims and Sims; and Whereas: Judge Sims was recruited to join the Office of the District Attorney of Erie County, and became the first African American women Assistant District Attorney in Erie County. As acting Assistant District Attorney, she began to write appellate briefs and argued appeals to the highest court in the State of New York; and Whereas: Barbara M. Sines was the first African American Women to sit as City Court Judge in the City of Buffalo; and Whereas: Judge Sines has been elected to every office within Women Lawyers Association where she has served as President, Vice Secretary and Treasurer. She also served as Vice President of the National Association of Black Women Attorneys headquartered in Washington, D.C.; and Whereas: Judge Sims was recruited to teach at the University at Buffalo Law School and appointed to the position of Special Assistant to the President of the University at Buffalo for Minority and Women's Affairs and headed its office of equal opportunity; and Whereas: During Judge Sims career she acted as local Counsel to the NAACP where she represented clients in various civil right laws including discrimination in housing and in employment. Judge Sims has received over fifty awards for her services to the community and as an attorney; and Now Therefore Be It Resolved: That I Brian C. Davis, Ellicott District Councilmember pause in my duties to recognize Judge .Barbara M. Sims for all her many contributions to the City of Buffalo; and Be It Finally Resolved: That 1 join with the residents of the City of .Buffalo in bestowing our highest praises to Judge Barbara M. Sims for all of her wonderful accomplishments and outstanding success and ask that the lord continue to bless her and her family. Brian C. Davis Gerald Chwalinski Ellicott District Councilmember City Clerk (91 ot , T Vulmon (910HUM At the regular meeting of the Common Council of the City of BmJjido, field on Tuesday, October 2, 2007, the following resolution was unanimously adupied, sponsored by Councilmember Michael I'. Kearns: Whereas: It is with pride that the Common Council of the City of Buffalo honors Richard G. AlIcKee for the marzy achievements in his lif e that has brought hire to the point for Marrs to attend college with- n rngjor in criminal jaastice and rruaking the military his career; choices that require leadership skills; and Whereas: Richard has been in the Boy .Scaiits Organizration since thc first grade; lac earned his Earle rank at 15 years of cage, the youngest to earn: the Eagle rank in his troop. in 35 - years. He has since earned enough merit badges for -_hint to receive his bronze, silver and gold palms. Richard has also become a member r the Order of the Arrow, a se.r °vacE - hrotherhood :where he has crblainM the second level oaat of' three. lle currently holds the.positionof Assistant Scoutmaster and m7 s tawarded Scouter of the Yea.r 2000; anal' Whereas: Richcar-cl is now ti senior at .Bishop Tirnon --St. ,lade High .School, where he .is.rt member cif the National I:lonor Society and has attained 1lonor roll stratus each sonEster. Active in, other high school activities, he flayed on thc� and participated in Little Ihceage, Drama Ch., h, Mock Trial, The Interncrtionol Club and Radio Club; and 14'hereas: This sumfiraer, Richard was nominated by the American Legion to attend boys State, a respected and Selective edatcational program cif government instruction. Only young rnen With oatstcngcling qualities of leadership elaara scholarship, loyalty and service to their schools 'considered_for they program. While there, Richard was appointed Comin.issioner of Parks.. . Now, Therefore, B e:.It Resolved: That this Common Council of the .City of Bi(1fedo pauses in its deliberation to commend Richard G. thlekee on his oir.tstctridirag.letidersh p Skills. Cheat wore 'recognized�hy Boys State and extencls its 'best i1�i h.es for fiatur -c ,jaaecess. i iic,hcael 1'. Kearns I avid A '.Fren7czyk Dorninic -J. Boy .yacio, Jr. Smith District COU77f. ilmernbel Council President tl ajorityLeader Bonnie E. Russell Brian C. Da vis Richard A/ I'vratcana PI esident Pro Ternpore Joseph Golorrrbek, Jr. North District C:naarrcilnwinber - Ellicott District Counci.lmember Mic•hael.I, ..oCurto Delaivare District Councilmernber Lovejoy Zistrict Counc•ilinernber Deinone A. Smith" Masten. District Counc_ilmernber (91"'ftu of T o m man Tjonmil At the regular meeting of the Common Council of the City of Ru field on Tuesday, October 2, 2007, the hollowing resolution was unanimously adopted, sponsored by Coitncilrnernber Michael P. Kearns: Whereas: It is with pride that the Common Council of the City of ffillMlo honors Ronald D. Harvey, Jr., for the significant achievement of his election cis Governor of T he American Legion Boys Stale during this year's tuinual Boys State program held at the State University of New York tat Morrisville, the week ending July 2, 2007; and 1 Election to Coverrnor.of Boys State is. a noteworthy ac<n iPlishrnent. Vic American Legion is arraong the most respected and selective educational progrrwms of government instruction for high school students; the 1,002 attendees fi across New York State are accoriiplished your mete who excelled in academics, athletics, leadersdzip anal community set - Wce- Governor is the highest elected office at Boys State; and kVhereas: Rontilyd is'nowv a'�senior at McKinley High School, where he is ct.'membor of thr National Honor Society and the ..Student Council. Active in other- McKinley High School. activities, tie playedon both the offr,nsivc and.... lincs`for the. 2006 McKinley high School Harvard Gaap ,Aamprniiship football teanz, parrtac iputeil in the Gospel Chorus and Bible Chib, and plays the trorrrbon canal W hereas: In. addition to his outstanding academic and extracurricular activitu.s;.,fZon ald`is one ref the tcrp leaders in theJunior- RD,TCG program ut McKinley. He is the recipient of numerous JROTC invar.'ds for academic excellence exemplary conduct and community service. A Therefore, Ri, It Resolved The it this :C,.'ontrrion..Coitn.c.rl of the City of Buffalo pauses in its deliberation to commend Ronald D. Hat•vey, Jr. on his outstanding - ��leadership skills- that were .recogni&d..by has electanri to Governor of The Am(ric an?Legion Boys State and extends its.best `wishes for fiaticre sircce3s. Michael I. Kearns - — Iciv' l A T'rcanczyk Dot inic J. B, z acio, Jr. youth Distr'ic't Councilmernber Cu rreil President _ Alfirjority Leader I F - r� Bonnie L. Russell Irian C. Davis RicharfIA. T'ontcanrr _...__ President Pro Tompore Ellicott District C'ouncilmernber 1,ovejgy District Councilinember •t f ff Joseph Golombek, Jr. Michael J. E� Wurio L_) �11 nc !l..Sr�rri a Aforth District Gouncilrn-enzber Delaavare Disirict Cotmcilme niber Masten District Coaancilinember I 1, d d", ANNOUNCEMENT OF COMMII"TEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13`'' floor City Hall, Buffalo, New York, unless otherwise noted. Reaolar, Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev P.M. Committee on Legislation Special Committees Waterfront Development Taxicab & Livery Ad Hoc room 1417 Tuesday, October 23, 2007 at 9:45 o'clock A.M. Tuesday, October 23, 2007 at 10:00 o'clock A.M. Tuesday, October 23, 2007 at 1:00 o'clock Tuesday, October 23, 2007 at 2:00 o'clock P.M. Wednesday, October 1.7, 2007 at 1.1:00 AM Thursday, October 18, 2007 at 10:00 Am in (Public Disclaimer All meetings are subject to change and cancellation by the res ective Chairmen of Council Committees. In the event that there is sufficient time given for notification it will be provided. In addition there may be meeting set up whereby the City Clerk's Office is not made aware therefore unless we receive notice from the respective Chairmen, we can onjy make notification of what we are made aware. ��S 0 11 001 -11 213 53 No. Adjournment On a motion by Mr. YO, Seconded by Mrs. Russell, the Council adjourned at GERALD CHWALINSKI CITY CLERK Oct 15, 2007 Board of Police and Fire Pension Proceedings #9 Office of the Mayor -201 City Hall October 18, 2007 Present:Alisa A. Lukasiewicz, Corporation Counsel; Gerald Chwalinski, City Clerk - 2 The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of October 2007 amounting to $5,610.00 and $5,610.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -4. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of October 2007 amounting to $3,760.00 and $3,760.00, respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -4. Noes -0. July 31, 2007 No. 3 On motion by Mr. Chwalinski the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.