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HomeMy WebLinkAbout07-0209CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, FEBRUARY 6, 2007 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Bonifacio, Davis, Fontana, Golombek, 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 January 23, 2007 were approved. BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL SMITH [ ------------- ] [ MAJ - 5 [ 2/3 - 6 [3/4- 7] *AY* NO * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9 * 0 * * * FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January 17, 2007 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Executive Director's Office SUBJECT: BNRC Audited Financial Statements PRIOR COUNCIL REFERENCE: (IF ANY) NONE Ex. (item No. xxx, C.C.P. xx/xx/xx) TEXT: Your Honorable Body has requested information regarding the status of audits for the Buffalo Neighborhood Revitalization Corporation (BNRC). Enclosed please find audited financial statements for the fiscal year ending June 2003, 2004, 2005 and 2006. DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TITLE: EXECUTIVE DIRECTOR, OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: TEW:bst REFERRED TO THeE COMMITTEE F1 Mill CP M CONWAY PORTER, C.P.A., RC. Financial Statements i• i x'11 .i:� �i1 FINANCIAL STATEMENTS: Independent Auditor's Report ......................................... ............................... ...............1 -2 Statements of Financial Position ...................................................................... ..............................3 Statementsof Activities ................................................................................... ..............................4 Statements Cash Flows ................................................................................ ..............................5 Notesto Financial Statements ............................................................................. ...........................6 -12 Schedule of Expenditures of Federal Awards ................................................. .............................13 Notes to Schedule of Expenditures of Federal Awards ................................... .............................14 Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ... ..........................15 -16 Independent Auditor's Report on Compliance with Requirements Applicable to Each Major Program and on Internal Control Over Compliance in Accordance with OMB Circular A -133 ................................................................................. ..........................17 -18 Schedule of Findings and Questioned Costs ...... ............................... Report of Findings and Recommendations ........................................................ ..........................20 -22 Statusof Prior Year Findings .......................................................................... .............................23 CPM CONWAY HIM PORTER, C. RA., m CERTIFIED PUBLIC ACCOUNTANTS The Board of Directors Buffalo Neighborhood Revitalization Corporation Buffalo, New York 716 -881 -2277 FAX 716- 881 -2283 147 LINWOOD AVENUE BUFFALO, NEW YORK 14209 -2003 We have audited the accompanying statements of financial position of Buffalo Neighborhood Revitalization Corporation (a nonprofit organization) as of June 30, 2003 and 2002, and the related statements of activities and cash flows for the years then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes ex aminin g, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Buffalo Neighborhood Revitalization Corporation as of June 30, 2003 and 2002, and the changes in its net assets and its cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated December 15, 2006, on our consideration of Buffalo Neighborhood Revitalization Corporation's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. -1- Our audits were conducted for the purpose of forming an opinion on the financial statements of Buffalo Neighborhood Devitalization Corporation taken as a whole. The accompanying Schedule of Expenditures of Federal Awards for the year ended June 30, 2003 is presented for purposes of additional analysis as required by the U.S. Office of Management and Budget Circular A -133, udits of States, Local Governments, and Non - Profit Organizations, and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole, Buffalo,. New York December 15, 2006 -2- 51 ,1 1111 11 51 11j j - jj Lq—r @ T JUNE 30, 2003 AND 2002 Assets Cash Accounts Receivable - HOZO (Note 3) Other Receivables Loans Receivable, Net (Note 4) Grants Receivable - Related Party (Note 5) Land and Model Homes Acquired for Resale (Note 6) Furniture and Equipment, Net (Note 7) Total Assets Liabilities Accounts Payable and Accrued Expenses Deferred Revenue Section 108 Funds Payable - HOZO (Note 3) Mortgages Payable (Note 8) Total Liabilities Temporarily Restricted Net Assets Total Liabilities and Net Assets See Notes to Financial Statements. 2003 2002 (Restated Note 13) $ 1,122,262 $ 2,996,785 1,985,621 1,224,886 1,851 1,851 2,026,543 1,649,721 - 4,655 3,503,702 3,776,043 2,027 2,654 $ 8,642,006 $ 9,656,595 $ 270,758 $ 377,410 439,582 105,484 1,985,621 1,224,886 62,489 63,373 2,758,450 1,771,153 5,883,556 7,885,442 $ 8,642,006 $ 9,656,595 -3- STATEMENTS OF ACTIVITIES FOR THE YEARS ENDED JUNE 30, 2003 AND 2002 2003 2002 (Restated Note 13) Revenue and other support Government Grants Other Grants Program Income Interest Income - Loans Other Income Total Revenue and Other Support Expenses General and Administrative Salaries, Payroll Taxes and Employee Benefits Professional Fees Insurance Expense Depreciation Office Expense Travel Loss on Sale of Land Inventories and Model Homes Property Taxes and User Fees Other Program Services Provision for Loan Forgiveness and Doubtful Loans Rehabilitation and Preservation Activities Homeownership Zone Program Other Grant Funds Returned (Note 14) Grant Interest Returned (Note 14) Total Expenses (Decrease) in Net Assets Net Assets - Beginning, Prior to Restatement Restatement: To record land inventory purchased during the fiscal years ended June 30, 1999 through 2002 as assets of the Corporation (Note 13) Net Assets - Beginning as Restated Net Assets - Ending See Notes to Financial Statements. S 424,553 $ 903,223 337,728 195,000 794,078 554,356 61,388 5,293 81,524 3,178 1,699,271 1,661,050 506,916 575,645 49,739 101,026 23,469 7,406 627 481 385 93 2,772 4,335 90,510 - 13,759 189,492 20,829 4,707 709,006 883,185 661,283 503,162 658,841 807,644 1,320,124 1,310,806 1,519,669 - 152,358 - 1,672,027 - 3,701,157 2,193,991 (2,001,886) (532,941) 7,885,442 5,875,511 - 2 7,885,442 8,418,383 $ 5,883,556 $ 7,885,442 -4- STATEMENTS OF CASH FLOWS FOR THE YEARS ENDED JUNE 30, 2003 AND 2002 Cash Flows From Operating Activities (Decrease) in Net Assets Adjustments to Reconcile Increase in Net Assets to Net Cash Flows from Operating Activities: Depreciation Loss on Sale of Land Inventories and Model Homes Provision for Loan Forgiveness and Doubtful Loans (Decrease) in Grants Receivable Increase in Other Receivables (Decrease) in Accounts Payable and Accrued Expenses Increase in Deferred Revenue Increase in Section 108 Payable Net Cash (Used in) by Operating Activities Cash Flows From Investing Activities Loans and Notes Issued Purchase of Furniture and Equipment Payments from Loans Receivable Proceeds from Sale of Land Inventories and Model Homes Purchase of Land and Model Homes for Resale Net Cash (Used in) Investing Activities Cash Flows From Financing Activities Repayments on Mortgage Payable Net Cash (Used in) / Financing Activities Net (Decrease) in Cash Cash - Beginning Cash - Ending Supplemental Disclosures: Interest Paid See Notes to Financial Statements. $ (2,001,886) $ (532,941) 627 481 90,510 - 10,707 - (760,735) (160,000) 4,655 94 (106,652) (73,840) 334,098 8,828 760,735 160,000 (1,667,941) (597,378) (738,567) - (3,135) 351,038 32,842 181,831 - - (559,309) (205,698) (529,602) (884) (824) (884) (824) (1,874,523) (1,127,804) 2,996,785 4,124,589 $ 1,122,262 $ 2,996,785 $ 4,495 $ 4,555 -5- ii ' ` ' ! 3 1. °' ° • . .; i, ,.. i JUNE 30, 2003 and 2002 Organization and Programs - The Buffalo Neighborhood Revitalization Corporation (the Corporation) was established by the City of Buffalo (the City) to stimulate housing rehabilitation and revitalization within the City, primarily for the benefit of low - and moderate - income individuals. To accomplish its purpose, the Corporation provides loans and grants to eligible applicants. The Corporation receives government funding (loans and grants) which is generally restricted for uses in accordance with the purpose of the Corporation. All activities of the Corporation are designed to promote neighborhood preservation and restoration. The following describes the primary programs of the Corporation: Housing Rehabilitation Loan Program - Encourages the rehabilitation of specific targeted areas within the City by providing the following types of loans: Deferred - Borrower is required to make annual interest payments, principal is forgiven in full if the borrower complies with all provisions of the loan agreement. Principal Reduction - The loans represent the Corporation's 25% participation in loans originated by financial institutions. The Corporation receives a $20 annual service fee per loan, which is applied against the loan principal. Repayment of loan principal is required upon sale of the related property. High Risk - Loans bear interest at rates ranging from 3% to 12 %, and repayment is required in monthly installments over terms ranging from three to fifteen years. Loan Subsidy and Grant Program - Provides non - interest bearing loans to individual homeowners. Repayment is required in monthly installments over terms ranging from four to ten years. New Housing Programs - Facilitate the rehabilitation of certain areas in the City by providing low interest interim construction loans to developers which convert to secondary mortgages upon sale of the units. The non - interest bearing mortgages are forgiven after ten years if the borrower has complied with all provisions of the mortgage agreement. Rehabilitation Programs - Provide various loans and grants to promote the rehabilitation of housing in the City. I Me Basis of Accounting — The accompanying financial statements have been prepared on the accrual basis of accounting in accordance with generally accepted accounting principles. Basis of Presentation — Financial statement presentation follows the recommendation of the Financial Accounting Standards Board in its Statement of Financial Standards (SFAS) No. 117, Financial .'Statement of Not-For-Profit Organizations. Under SFAS No. 117 the Corporation is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. These net assets classifications are described as follows: Unrestricted Net Assets — not subject to donor - imposed restrictions. Unrestricted net assets may be designated for specific purposes or locations by action of the Board of Directors. Temporarily Restricted Net Assets — subject to donor - imposed stipulations that may be fulfilled by actions of the Corporation to meet the stipulations or become unrestricted at the date specified by the donor. Permanently Restricted Net Assets — subject to donor - imposed stipulations that they be retained and invested permanently by the Corporation. The Corporation has no unrestricted and no permanently restricted net assets at June 30, 2003 and 2002. Use of Estimates - The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Actual results could differ from those estimates. Cash — For purposes of these statements, cash consists of money in checking and savings accounts. Cash in the financial institutions may exceed federally insured limits at various times during the year and subject the Corporation to concentrations of credit risk. If required by the specific grant agreement, cash is held in separate accounts. The Corporation places its cash deposits with high quality financial institutions. Loans Receivable - The Corporation uses the allowance method to compute the provisions for loan forgiveness and doubtful loans. The allowance for loan forgiveness is based on management's determination of the amount of loan principal expected to be uncollectible under the terms of the various loan agreements, after evaluating current economic conditions, historical collections and current collections efforts. -7- !£ W, Loan . Loan Repayments - Principal loan repayments (and interest thereon) retained by the Corporation are generally considered program income and restricted with respect to the original purpose of the grantor. Pursuant to the terms of the grant agreements, certain loan repayments must be returned to the grantor. Land and Model Homes Acquired for resale — In the course of conducting its various programs and activities, the Corporation may acquire land to be used for future development. In addition, the Corporation funds construction financing for developers in the home ownership program. Land Inventory and Model Homes Acquired for Resale are stated at cost. Furniture and Equipment - Property and equipment is stated at cost, net of accumulated depreciation. Depreciation is provided using the straight -line method over the estimated useful lives of the assets. Grants - The Corporation receives various governmental grants for which receipt is conditional upon its use for certain eligible activities or projects. These special project grants are recorded as refundable advances until the condition is met. When the condition is met, the grant is reported as revenue in the statement of activities. Grants awarded to other organizations are recorded as expenses in the statements of activities. Income Taxes - The Corporation is a 501(c)(3) organization exempt from income taxes under Section 501(a) of the Internal Revenue Code. NOTE 3 - ACCOUNTS RECEIVABLE & SECTION 108 FUNDS PAYABLE - HOW Accounts receivable represents funds on deposit with the Buffalo Economic Renaissance Corporation (BERC), a related party company, as a reserve for debt service in connection with the Corporation's new home ownership zone program, which will promote infrastructure development in specified parts of the City. Under BERC's contract for the program with the Department of Housing and Urban Development (HUD), the Corporation is required to establish a debt service reserve to fund repayment of HUD 108 loans. Whiles these funds are shown as a receivable from BERC, they are restricted for use for payment of the Section 108 Loan obtained by the Buffalo Urban Renewal Agency (BURA), a related party, to assist in completing the new home ownership zone program. Accordingly, there is a corresponding amount due to BURA reflected on the statement of net assets as Section 108 Funds Payable. At June 30, 2003 and 2002 the amount receivable from BERC and Section 108 funds payable to BURA totals $1,985,621 and $1,224,886, respectively. -8- 1► i71Y�� ICi7_� \iy7DLil�: ►� /s�C; �� Housing Rehabilitation Loan Program Deferred Loans Principal. Reduction Loans High Risk Loans Loan Subsidy and Grant Program Loans New Housing Programs Rental Rehabilitation Programs Other Programs Less Allowance for Doubtful Loans Total Loans Receivable NOTE 5 — GRANTS RECEIVABLE 2 003 200 $ 9,729,380 $ 9,773,691 1,246,027 1,314,377 2,333,321 3,037,522 13,308,728 14 62,970 62,970 6,710,314 8,434,033 1,528,230 2,151,510 348,300 367,876 21,958,542 25,141,979 (19,931,999 (23,492,258 2,026,543 $1,649721 Grants receivable represent contract and grant amounts due from state and local government agencies for services provided or activities funded. A detail of amounts due at June 30, 2003 and 2002 are presented below. 2003 2002 Buffalo Urban Renewal Agency $ - $ 4655 The Buffalo Urban Renewal Agency is a related party, related by shared management and certain common board members. NOTE 6 - LAND AND MODEL HOMES ACQUIRED FOR RESALE In the course of conducting its various programs, the Corporation has acquired land and funded construction of new homes for low- and moderate - income buyers. These assets are recorded at cost and consist of the following at June 30, 2003 and 2002. 2003 2002 Model Homes $ 598,280 $ 775,611 Land Inventories 2,577,592 2,672,602 Land Acquired for Resale 327,830 327,830 Total Land and Model Homes Acquired for Resale $ 3,503,702 $ 3,776.043 It is the policy of the Corporation to capitalize all expenditures for equipment in excess of $1,000. Those items with a cost of less than $1,000 are expensed in the year of acquisition. All fixed assets are valued at historical cost. Repairs and maintenance expenses are charged to operations when incurred and major betterment and replacements are capitalized. Depreciation is provided using the straight -line method over the estimated useful lives of the assets. 2003 2002 Equipment $ 45,392 $ 45,392 Less Accumulated Depreciation 43 365) 4� 2,738 Net Furniture and Equipment _$ 2,027 2 654 NOTE 8 — MORTGAGES PAYABLE At June 30, 2003, the Corporation had $62,489 of outstanding mortgages in connection with its City Properties Rehabilitation (CPR) Program. The mortgages, acquired pursuant to the Department of Housing and Urban Development Rehabilitation Mortgage Insurance Program (Section 203(k)), are used to acquire and rehabilitate various residential properties purchased by the Corporation. The purchaser upon sale of the property generally assumes the mortgages. Annual principal maturities of the mortgages payable are as follows: Year ended June 30, 2004 Year ended June 30, 2005 Year ended June 30, 2006 Year ended June 30, 2007 Year ended June 30, 2008 Thereafter Less current portion of long -term debt $ 950 1,020 1,095 1,175 1,262 56,987 62,489 950) Long -Term Portion $61 Interest expense was $4,495 and $4,555 for the years ended June 30, 2003 and 2002, respectively. -10- Essentially all salaried employees of the Corporation are covered by the defined contribution pension plan of the BNRC. Employees of the Corporation are eligible participants upon completion of one year of service. Employees are fully vested after three years of credited service. The Corporation contributes 11.7% of the first $20,000 of each eligible employee's compensation and 15% of compensation in excess of $20,000. Pension expense for the years ended June 30, 2003 and June 30, 2002 was $53,706 and $56,528, respectively. NOTE 10 — RELATED PARTY TRANSACTIONS The Corporation is affiliated with BURR and BNRC through common board members. Transactions with related parties are primarily reimbursements for expenses incurred on behalf of the Corporation, and grants administered for an affiliated Company. Related party transactions not disclosed elsewhere for the years ended June 30, 2003 and 2002 are as follows: 2003 2002 Grants allocated by BURA $ 377,710 $ 172,141 NOTE 11— CONTINGENCIES The Corporation is a recipient of numerous Federal and state governmental grants. These grants are subject to compliance and financial audits by the respective agencies administering each grant. Management believes that they have substantially complied with the rules and regulations as specified under the various grant agreements, as well as the rules and regulations of the respective agency for each grant, except as disclosed by HUD in monitoring reports on the HOME and HOW new housing programs, discussed in Note 12. NOTE 12 — SUBSEQUENT EVENTS Subsequent to the balance sheet date, HUD reviewed the transactions in the Corporation's HOW new housing program. They disallowed costs claimed for administrative expenses since they were not budgeted in the grant program budget. They also disallowed costs relating to developments outside the HOZO grant boundary. These questioned costs were subsequently paid by BURR, a related party. Additional costs may be questioned if the project is not completed by December 31, 2008, the deadline imposed by HUD. The City of Buffalo and BURA are taking efforts to complete this program and management believes that deadline will be met. - 11 - In 2004 the U.S. Department of Housing and Urban Development (HUD) issued monitoring findings on the City of Buffalo's HOME grant program which cited questioned costs for the Buffalo Neighborhood Revitalization Corporation (the Corporation)). The Corporation acted as a HOME subrecipient for the City. In particular, HUD cited questioned costs for the Corporation's usage of 100% of HOME program income for salaries, fringes and other administrative costs of the agency. Grant regulations limit the use of program income for administrative costs to only 10% of the total of grant funds received and program income collected. HUD also questioned the Corporation's accounting for such program income. HUD prohibited the City from providing additional HOME or CDBG grant funds to the Corporation until all findings were resolved. In October 2004, management of the City of Buffalo transferred all Corporation employees to another related party organization and substantially curtailed operations for the Corporation. The Corporation continues to exist, collect loan repayments and interest and pay only required expenses. In addition, the Corporation is closing out its homeownership zone program, including sales of land acquired for resale. This work is being done by staff of the City of Buffalo's Urban Renewal Agency, a related party. The board of directors at this time has no intentions of closing the Corporation but will continue to conduct activities on the limited basis previously described, with the assistance of the Buffalo Urban Renewal Agency. NOTE 13 — PRIOR PERIOD ADJUSTMENT During the year ended June 30, 2003, the Corporation recognized that the prior year financial statements did not reflect $2,542,872 of land inventory purchased during the fiscal years ended June 30, 1999 through 2002 as assets of the Corporation. This amount represents $2,318,678 of land acquired for home construction for the Homeownership Zone Program and $224,194 for the CDBG Program. The acquisition costs were paid using Section 108 Funds and CDBG Grant Funds received in prior years and recorded as grant expenses rather than assets. These assets were not reflected in the prior year financial statements. The effect of correcting this error increased net assets by $2,542,872 at June 30, 2002. NOTE 14 — REFUND OF GRANT REVENUES In October 2002, HUD notified the City that it had drawn down Economic Development Initiative (EDI) Grant Funds in excess of immediate cash needs. This is a violation of Federal regulations applicable to not - for -profit grant recipients. Accordingly, HUD mandated that such funds, and any interest earned thereon, be returned to the U.S. Treasury. On October 31, 2002, the Corporation refunded $1,519,669 of EDI Grant Funds and $152,358 of interest to HUD. -12- SCHEDULE OF EXPENDITURES a.., FEDERAL AWARDS YEAR ENDED JUNE 30, 2003 Federal Grantor/Pass- Through Federal Federal Grantor/Program Title CFDA Number Expenditures U.S. Department of Housing and Urban Development/ Buffalo Urban Renewal Agency: Community Development Block Grant Section 108 Loan Guarantee (HOZO) 14.218 $ 1,007,131 * Community Development Block Grant (CDBG) 14.219 79,892 * Economic Development Initiative Grant 14.246 528,448 * Home Investment Partnership Program (HOME) 14.239 405,726 * Total Expenditures of Federal Awards $ 2,021,197 * Denotes Major Federal Program -13- NOTE A — BASIS OF PRESENTATION I. General: The accompanying schedule of expenditures of Federal Awards presents the activity of all Federal Awards programs of the Buffalo Neighborhood Revitalization Corporation (the Corporation). The Corporation is defined in Note 1 of the Notes to the Financial Statements. Federal Awards passed through other government agencies are included on the schedule. 2. Basis of Accounting: The accompanying Schedule of Expenditures of Federal Awards is presented on the cash basis of accounting. 3. Use of Funds: Federal funds have been expended during the year ended June 30, 2003 for loans, housing rehabilitation and administrative expenses. 4. Loans Receivable At June 30, 2003, the Corporation is administering $21,958,542 of Federally funded loans issued to eligible participants. -14- 716 -881 -2277 CPM CONWAY PORTER, FAX 716- 881 -22$3 ® RC. ®, HIM CERTIFIED PUBLIC ACCOUNTANTS 147 LINWOOD AVENUE BUFFALO, NEW YORK 14209 -2003 OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENTAVDITING STANDARDS The Board of Directors Buffalo Neighborhood Revitalization Corporation Buffalo, New York We have audited the accompanying financial statements of Buffalo Neighborhood Revitalization Corporation (a nonprofit organization) as of and for the year ended June 30, 2003, and issued our report thereon dated December 15, 2006. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reportin In planning and performing our audit, we considered Buffalo Neighborhood Revitalization Corporation's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide an opinion on the internal control over financial reporting. However, we noted certain matters involving the internal control over financial reporting and its operation that we consider to be reportable conditions. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over financial reporting that, in our judgment, could adversely affect Buffalo Neighborhood Revitalization Corporation's ability to initiate, record, process, and report financial data consistent with the assertions of management in the financial statements. Reportable conditions are described in the accompanying schedule of findings and questioned costs as items 03 -1, 03 -2, and 03 -3. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements -15- being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses. However, we believe all of the reportable conditions described above are material weaknesses. Complianee and Other Matters As part of obtaining reasonable assurance about whether Buffalo Neighborhood Revitalization Corporation's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed instances of noncompliance or other matters that are required to be reported under Government Auditing Standards and which are described in the accompanying schedule of findings and questioned costs as items 03 -1, 03 -2, and 03 -3. This report is intended solely for the information and use of the Buffalo Neighborhood Revitalization Corporation, management, Board of Directors, and Federal awarding agencies and pass - through entities and is not intended to-be and should not be used by anyone other than these specified parties. CONWAY PORTER, C.P.A., P.C. Conway Porter President Buffalo, New York December 15, 2006 -16- PORTER, ®, CERTIFIED PUBLIC ACCOUNTANTS 716 -881 -2277 FAX 716 -881 -2283 147 LINWOOD AVENUE BUFFALO, NEW YORK 14209 -2003 INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO EACH MAJOR PROGRAM AND ON INTERNAL, CONTROL OVER COMPLLANCE IN ACCORDANCE WITH OMB CIRCULAR A -133 The Board of Directors Buffalo Neighborhood Revitalization Corporation Buffalo, New York Compliance We have audited the compliance of the Buffalo Neighborhood Revitalization Corporation (a nonprofit organization), with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A -133 Compliance Supplement that are applicable to each of its major Federal programs for the year ended June 30, 2003. Buffalo Neighborhood Revitalization Corporation's major Federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to each of its major Federal programs is the responsibility of Buffalo Neighborhood Revitalization Corporation's management. Our responsibility is to express an opinion on Buffalo Neighborhood Revitalization Corporation's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations. Those standards and OMB Circular A -133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major Federal program occurred. An audit includes ex aminin g, on a test basis, evidence about Buffalo Neighborhood Revitalization Corporation's compliance with those requirements and performing such other procedures, as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of Buffalo Neighborhood Revitalization Corporation's compliance with those requirements. 17- 1 In our opinion, Buffalo Neighborhood Revitalization Corporationn complied, in all material respects, with the requirements referred to above that are applicable to each of its major Federal programs for the year ended June 30, 2003. However, the results of our auditing procedures disclosed instances of noncompliance with those requirements, which are required to be reported in accordance with OMB Circular A -133 and which are described in the accompanying schedule of findings and questioned costs as items 03 -1, 03 -2, and 03 -3. Internal Control Over Compliance The management of Buffalo Neighborhood Revitalization Corporation is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts and grants applicable to Federal programs. In planning and performing our audit, we considered Buffalo Neighborhood Revitalization Corporation's internal control over compliance with requirements that could have a direct and material effect on a major Federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A -133. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that noncompliance with applicable requirements of laws, regulation, contracts, and grants caused by error or fraud that would be material in relation to a major federal program audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. However, we believe all of the reportable conditions described above are material weaknesses. This report is intended solely for the information and use of the Buffalo Neighborhood Revitalization Corporation, management, Board of Directors, and Federal awarding agencies and pass - through entities and is not intended to be and should not be used by anyone other than these specified parties. Buffalo, New York December 15, 2006 BUFFALO NEIGHBORHOOD RE`IITALIZATION CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS YEAR ENDED JUNE 30, 2003 Summary of Audit Results Financial Statements Type of Auditor's Report Issued: Is a "going concern" explanatory paragraph included in the audit report? Is a reportable condition disclosed? Is any reportable condition reported as a material weakness? Is a material noncompliance disclosed? Federal Programs Type of audit report on major program compliance? Dollar Threshold Used to Distinguish Between Type A and Type B Programs Did the auditee qualify as a low -risk auditee? Is a reportable condition disclosed for any major program? Is any reportable condition reported as a material weakness? Are any known questioned costs reported? Was a Summary Schedule of Prior Audit Findings prepared? Identification of Major Programs: CFDA Number Name of Program 14.218 Section 108 Loan Guarantee (HOZO) 14.219 Community Development Block Grants 14.246 Economic Development Initiative Grant 14.239 Home Investment Partnership Program -19- Unqualified No No No No Unqualified 300,000 No Yes Yes Yes Yes FINANCIAL STATEMENT FINDINGS There were no financial statement findings for the year ended June 30, 2003. FEDERAL AWARD FINDINGS 03 -1 Ineligible Administrative Costs Criteria: Accounting records indicate that administrative costs have been charged to the Section 108 grant under the Homeownership Zone Program (HOZO). The grant budget does not provide for administrative costs. Condition: Management has not established adequate budgetary controls to ensure that only eligible costs are claimed under various grant programs. Questioned Costs: $711 Effect: The lack of budgetary controls permits ineligible costs to be charged to grant programs. Recommendation: We recommend that the Corporation institute appropriate budgetary controls which follow grantor- approved budgets. Management's Response: The Corporation has developed internal worksheets to track budgets for the HOZO Program, the only program with budgetary requirements. These were implemented in 2005. In addition, in 2005 and 2006, BURA repaid all HOZO questioned costs, returning the amount questioned to the Section 108 debt reserve account, as instructed by HUD. 03 -2 Improper Expenditure of HOME Program Income Criteria: HOME regulations permit the use of up to 10% of program income received for allowable administrative and planning costs (24 CFR section 92.503 and 92.102(b)). The remaining program income should be used for HOME - eligible projects. Condition: Management did not establish procedures to monitor the use of HOME (24 CFR section 92.503 and 92.102(b)) program income to ensure that amounts expended on administrative and planning costs did not exceed the 10% limit imposed by the regulations. Questioned Costs: $45,688 20 Effect: The Corporation cannot document that it has expended HOME Program Income on additional project costs. It appears that the full amount of Program Income was spent on administrative and planning costs, enabling the Corporation to pay salaries, fringes and other costs of operations. Spending beyond the 10% cap has resulted in questioned costs. In 2004, the U.S. Department of Housing and Urban Development (HUD) also issued monitoring findings on the City of Buffalo's HOME Grant Program which cited questioned costs for the Buffalo Neighborhood Revitalization Corporation (the Corporation). The Corporation acted as a HOME subrecipient for the City. In particular, HUD cited questioned costs for the Corporation's usage of 100% of HOME Program Income for salaries, fringes and other administrative costs of the agency. HUD also questioned the Corporation's accounting for such Program Income. HUD prohibited the . City from providing additional HOME or CDBG grant funds to the Corporation until all findings were resolved. In October 2004, management of the City of Buffalo transferred all Corporation employees to another related party organization and substantially curtailed operations for the Corporation. The Corporation continues to exist, collect loan repayments and interest and pay only required expenses. All Program Income collected by the Corporation is being transferred to BURA on a monthly basis. This work is being done by staff of the City of Buffalo's Urban Renewal Agency, a related party. Recommendation: We recommend that the Corporation and BURA continue discussions with HUD to resolve this finding. M'ana ,aement's Response: The Corporation and BURA continue discussions with HUD and have submitted a repayment plan to HUD to resolve these questioned costs and the audit finding. 03 -3 Failure to Monitor for Housing Quality Standards Criteria: During the period of affordability for HOME Assisted Rental Housing, the participating entity is required to perform on -site inspections to determine compliance with property standards and verify the information submitted by the owners no less than: (a) every three years for proj ects containing 1 to 4 units, (b) every two years for projects containing 5 to 25 units, and (c) every year for projects containing 26 or more units (24 CFR sections 92.251, 92.252 and 92.504(b)) Condition: Management has not established monitoring procedures to ensure that HOME Assisted Projects comply with housing quality standards. Questioned Costs: None. -21- Effect: The Corporation has not performed the required inspections and cannot determine that property standards are met. Recommendations: We recommend that the Corporation institute appropriate monitoring procedures to ensure that HOME assisted properties are inspected and meet housing quality standards. Management's Response: In 2006, the Buffalo Urban Renewal Agency began reviewing the Corporation's projects to determine which properties are still within the period of affordability and still retain inspection requirements. The properties found to be within the affordability period will be inspected for housing quality standards, as required. -22- Year Ended June 30, 2003 There were no financial statement findings for the year ended June 30, 2002. FEDERAL AWARD FINDINGS I. Ineligible Administrative Costs Condition: Management has not established adequate budgetary controls to ensure that only eligible costs are claimed under various grant programs. ZD Status: This finding still persists at June 30, 2003. II. Improper Expenditure of HOME Program Income Condition: Management did not establish procedures to monitor the use of HOME (24 CFR section 92.503 and 92.102(b)) program income to ensure that amounts expended on administrative and planning costs did not exceed the 10% limit imposed by the regulations. Status: This finding still persists at June 30, 2003. III.Failure to Monitor for Housing Quality Standards Condition: Management has not established monitoring procedures to ensure that HOME assisted projects comply with housing quality standards. Status: This finding still persists at June 30, 2003. -23- - ----------- r-Ifl-KII al CP El CONWAY PORTER, C.P.A., P.C. MIKE-_ Financial Statements FINANCIAL STATEMENTS: Independent Auditor's Report .............................................................................. ............................1 -2 Statements of Financial Position ...................................................................... ..............................3 Statementsof Activities ................................................................................... ..............................4 Statementsof Cash Flows ................................................................................ ..............................5 Notes to Financial Statements ............................................................................. ...........................6 -12 SUPPLEMENTAL INFORMATION: Schedule of Expenditures of Federal Awards ................................................. .............................13 Notes to Schedule of Expenditures of Federal Awards .................................. .............................14 Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ................ : ............. 15 -16 Independent Auditor's Report on Compliance with Requirements Applicable to Each Major Program and on Internal Control Over Compliance in Accordance withOMB Circular A -133 ................................................................................. ..........................17 -18 Schedule of Findings and Questioned Costs ................................................... .............................19 Report of Findings and Recommendations ........................................................ ..........................20 -22 Statusof Prior Year Findings .......................................................................... .............................23 CERTIFIED HIM PUBLIC ACCOUNTANTS The Board of Directors Buffalo Neighborhood Revitalization Corporation Buffalo, New York 716- 881 -2277 FAX 716- 881 -2283 147 LINWOOD AVENUE BUFFALO, NEW YORK 14209 -2003 We have audited the accompanying statements of financial position of Buffalo Neighborhood Revitalization Corporation (a nonprofit organization) as of June 30, 2003 and 2002, and the related statements of activities and cash flows for the years then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Buffalo Neighborhood Revitalization Corporation as of June 30, 2003 and 2002, and the changes in its net assets and its cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated December 15, 2006, on our consideration of Buffalo Neighborhood Revitalization Corporation's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. -1- Our audits were conducted for the purpose of forming an opinion on the financial statements of Buffalo Neighborhood Revitalization Corporation taken as a whole. The accompanying Schedule of Expenditures of Federal Awards for the year ended June 30, 2003 is presented for purposes of additional analysis as required by the U.S. Office of Management and Budget Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations, and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. Buffalo, New York December 15, 2006 -2- JUNE 30, 2003 AND 2002 2003 2002 (Restated Note 13) Assets Cash Accounts Receivable - HOZO (Note 3) Other Receivables Loans Receivable, Net (Note 4) Grants Receivable - Related Parry (Note 5) Land and Model Homes Acquired for Resale (Note 6) Furniture and Equipment, Net (Note 7) Total Assets Liabilities Accounts Payable and Accrued Expenses Deferred Revenue Section 108 Funds Payable - HOZO (Note 3) Mortgages Payable (Note 8) Total Liabilities Temporarily Restricted Net Assets Total Liabilities and Net Assets See Notes to Financial Statements. $ 1,122,262 $ 2,996,785 1,985,621 1,224,886 1,851 1,851 2,026,543 1,649,721 - 4,655 3,503,702 3,776,043 2,027 2,654 $ 8,642,006 $ 9,656,595 $ 270,758 439,582 1,985,621 62,489 2,758,450 $ 377,410 105,484 1,224,886 63,373 1,771,153 5,883,556 7,885,442 $ 8,642,006 $ 9,656,595 -3- STATEMENTS OF ACTIVITIES FOR THE YEARS ENDED JUNE 30, 2003 AND 2002 See Notes to Financial Statements -4- 2003 2002 (Restated Note 13) Revenue and other support Government Grants $ 424,553 $ 903,223 Other Grants 337,728 195,000 Program Income 794,078 554,356 Interest Income - Loans 61,388 5,293 Other Income 81,524 3,178 Total Revenue and Other Support 1,699,271 1,661,050 Expenses General and Administrative Salaries, Payroll Taxes and Employee Benefits 506,916 575,645 Professional Fees 49,739 101,026 Insurance Expense 23,469 7,406 Depreciation 627 481 Office Expense 385 93 Travel 2,772 4,335 Loss on Sale of Land Inventories and Model Homes 90,510 - Property Taxes and User Fees 13,759 189,492 Other, 20,829 4,707 709,006 883,185 Program Services Provision for Loan Forgiveness and Doubtful Loans - - Rehabilitation and Preservation Activities 661,283 503,162 Homeownership Zone Program 658,841 807,644 1,320,124 1,310,806 Other Grant Funds Returned (Note 14) 1,519,669 - Grant Interest Returned (Note 14) 152,358 - 1,672,027 - Total Expenses 3,701,157 2,193,991 (Decrease) in Net Assets (2,001,886) (532,941) Net Assets - Beginning, Prior to Restatement 7,885,442 5,875,511 Restatement: To record land inventory purchased during the fiscal years ended June 30, 1999 through 2002 as assets of the Corporation (Note 13) - 2 Net Assets - Beginning as Restated 7,885,442 8,418,383 Net Assets - Ending $ 5,883,556 $ 7,885,442 See Notes to Financial Statements -4- STATEMENTS OF CASH FLOWS FOR THE YEARS ENDED JUNE 30, 2003 AND 2002 Cash Flows From Operating Activities (Decrease) in Net Assets Adjustments to Reconcile Increase in Net Assets to Net Cash Flows from Operating Activities: Depreciation Loss on Sale of Land Inventories and Model Homes Provision for Loan Forgiveness and Doubtful Loans (Decrease) in Grants Receivable Increase in Other Receivables (Decrease) in Accounts Payable and Accrued Expenses Increase in Deferred Revenue Increase in Section 108 Payable Net Cash (Used in) by Operating Activities Cash Flows From Investing Activities Loans and Notes Issued Purchase of Furniture and Equipment Payments from Loans Receivable Proceeds from Sale of Land Inventories and Model Homes Purchase of Land and Model Homes for Resale Net Cash (Used in) Investing Activities Cash Flows From Financing Activities Repayments on Mortgage Payable Net Cash (Used in) / Financing Activities Net (Decrease) in Cash Cash - Beginning Cash - Ending Supplemental Disclosures: Interest Paid See Notes to Financial Statements. $ (2,001,886) $ (532,941) 627 481 90,510 - 10,707 - (760,735) (160,000) 4,655 94 (106,652) (73,840) 334,098 8,828 760,735 160,000 (1,667,941) (597,378) (738,567) - - (3,135) 351,038 32,842 181,831 - - (559,309) (205,698) (529,602) (884) (824) (884) (824) (1,874,523) (1,127,804) 2,996,785 4,124,589 $ 1,122,262 $ 2,996,785 $ 4,495 $ 4,555 -5- JUNE 30 2003 and 2002 Organization and Programs - The Buffalo Neighborhood Revitalization Corporation (the Corporation) was established by the City of Buffalo (the City) to stimulate housing rehabilitation and revitalization within the City, primarily for the benefit of low - and moderate - income individuals. To accomplish its purpose, the Corporation provides loans and grants to eligible applicants. The Corporation receives government funding (loans and grants) which is generally restricted for uses in accordance with the purpose of the Corporation. All activities of the Corporation are designed to promote neighborhood preservation and restoration. The following describes the primary programs of the Corporation: Housing Rehabilitation Loan Program - Encourages the rehabilitation of specific targeted areas within the City by providing the following types of loans: Deferred - Borrower is required to make annual interest payments, principal is forgiven in full if the borrower complies with all provisions of the loan agreement. Principal Reduction - The loans represent the Corporation's 25% participation in loans originated by financial institutions. The Corporation receives a $20 annual service fee per loan, which is applied against the loan principal. Repayment of loan principal is required upon sale of the related property. High Risk - Loans bear interest at rates ranging from 3% to 12 %, and repayment is required in monthly installments over terms ranging from three to fifteen years. Loan Subsidy and Grant Program - Provides non - interest bearing loans to individual homeowners. Repayment is required in monthly installments over terms ranging from four to ten years. New Housing Programs - Facilitate the rehabilitation of certain areas in the City by providing low interest interim construction loans to developers which convert to secondary mortgages upon sale of the units. The non- interest bearing mortgages are forgiven after ten years if the borrower has complied with all provisions of the mortgage agreement. Rehabilitation Programs - Provide various loans and grants to promote the rehabilitation of housing in the City. I Me Basis of Accounting — The accompanying financial statements have been prepared on the accrual basis of accounting in accordance with generally accepted accounting principles. Basis of Presentation — Financial statement presentation follows the recommendation of the Financial Accounting Standards Board in its Statement of Financial Standards (SFAS) No. 117, Financial Ctatement of Mot-For-Profit Organizations. Under SFAS No. 117, the Corporation is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. These net assets classifications are described as follows: Unrestricted Net Assets — not subject to donor - imposed restrictions. Unrestricted net assets may be designated for specific purposes or locations by action of the Board of Directors. Temporarily Restricted Net Assets — subject to donor- imposed stipulations that may be fulfilled by actions of the Corporation to meet the stipulations or become unrestricted at the date specified by the donor. Permanently Restricted Net Assets — subject to donor - imposed stipulations that they be retained and invested permanently by the Corporation. The Corporation has no unrestricted and no permanently restricted net assets at June 30, 2003 and 2002. Use of Estimates - The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Actual results could differ from those estimates. Cash — For purposes of these statements, cash consists of money in checking and savings accounts. Cash in the financial institutions may exceed federally insured limits at various times during the year and subject the Corporation to concentrations of credit risk. If required by the specific grant agreement, cash is held in separate accounts. The Corporation places its cash deposits with high quality financial institutions. Loans Receivable - The Corporation uses the allowance method to compute the provisions for loan forgiveness and doubtful loans. The allowance for loan forgiveness is based on management's determination of the amount of loan principal expected to be uncollectible under the terms of the various loan agreements, after evaluating current economic conditions, historical collections and current collections efforts. -7- Loan Repayments - Principal loan repayments (and interest thereon) retained by the Corporation are generally considered program income and restricted with respect to the original purpose of the grantor. Pursuant to the terms of the grant agreements, certain loan repayments must be returned to the grantor. Land and Model Homes Acquired for Resale — In the course of conducting its various programs and activities, the Corporation may acquire land to be used for future development. In addition, the Corporation funds construction financing for developers in the home ownership program. Land Inventory and Model Homes Acquired for Resale are stated at cost. Furniture and Equipment - Property and equipment is stated at cost, net of accumulated depreciation. Depreciation is provided using the straight -line method over the estimated useful lives of the assets. Grants - The Corporation receives various governmental grants for which receipt is conditional upon its use for certain eligible activities or projects. These special project grants are recorded as refundable advances until the condition is met. When the condition is met, the grant is reported as revenue in the statement of activities. Grants awarded to other organizations are recorded as expenses in the statements of activities. Income Taxes - The Corporation is a 501(c)(3) organization exempt from income taxes under Section 501(x) of the Internal Revenue Code. NOTE 3 - ACCOUNTS RECEIVABLE & SECTION 108 FUNDS PAYABLE - HOW Accounts receivable represents funds on deposit with the Buffalo Economic Renaissance Corporation (BERG), a related party company, as a reserve for debt service in connection with the Corporation's new home ownership zone program, which will promote infrastructure development in specified parts of the City. Under BERC's contract for the program with the Department of Housing and Urban Development (HUD), the Corporation is required to establish a debt service reserve to fund repayment of HUD 108 loans. Whiles these funds are shown as a receivable from BERG, they are restricted for use for payment of the Section 108 Loan obtained by the Buffalo Urban Renewal Agency (BURA), a related party, to assist in completing the new home ownership zone program. Accordingly, there is a corresponding amount due to BURA reflected on the statement of net assets as Section 108 Funds Payable. At June 30, 2003 and 2002 the amount receivable from BERC and Section 108 funds payable to BURA totals $1,985,621 and $1,224,886, respectively. Housing Rehabilitation Loan Program Deferred Loans Principal, Reduction Loans High Risk Loans $ 9,729,380 1,246,027 2,333,321 Loan Subsidy and Grant Program Loans New Housing Programs Rental Rehabilitation Programs Other Programs Less Allowance for Doubtful Loans Total Loans Receivable NOTE 5 — GRANTS RECEIVABLE $ 9,773,691 1,314,377 3,037,522 13,308,728 14;125,590 62,970 6,710,314 1,528,230 348,300 62,970 8,434,033 2,151,510 367,876 21,958,542 (19,931,999 2,026,543 25,141,979 (23,492,258 1.649.721 Grants receivable represent contract and grant amounts due from state and local government agencies for services provided or activities funded. A detail of amounts due at June 30, 2003 and 2002 are presented below. 2003 1 2002 Buffalo Urban Renewal Agency $ - $ 4,655 The Buffalo Urban Renewal Agency is a related party, related by shared management and certain common board members. NOTE 6 - LAND AND MODEL HOMES ACQUIRED FOR RESALE In the course of conducting its various programs, the Corporation has acquired land and funded construction of new homes for low- and moderate- income buyers. These assets are recorded at cost and consist of the following at June 30, 2003 and 2002. 2003 2002 Model Homes Land Inventories Land Acquired for Resale $ 598,280 $ 775,611 2,577,592 2,672,602 327,830 327,830 Total Land and Model Homes Acquired for Resale 3,503,702 $ 3,776,043 -9- It is the policy of the Corporation to capitalize all expenditures for equipment in excess of $1,000. Those items with a cost of less than $1,000 are expensed in the year of acquisition. All fixed assets are valued at historical cost. Repairs and maintenance expenses are charged to operations when incurred and major betterment and replacements are capitalized. Depreciation is provided using the straight -line method over the estimated useful lives of the assets. 2003 2002 Equipment $ 45,392 $ 45,392 Less Accumulated Depreciation (43,365) _ - (4Z , 738) Net Furniture and Equipment 2 2 NOTE 8 — MORTGAGES PAYABLE At June 30, 2003, the Corporation had $62,489 of outstanding mortgages in connection with its City Properties Rehabilitation (CPR) Program. The mortgages, acquired pursuant to the Department of Housing and Urban Development Rehabilitation Mortgage Insurance Program (Section 203(k)), are used to acquire and rehabilitate various residential properties purchased by the Corporation. The purchaser upon sale of the property generally assumes the mortgages. Annual principal maturities of the mortgages payable are as follows: Year ended June 30, 2004 Year ended June 30, 2005 Year ended June 30, 2006 Year ended June 30, 2007 Year ended June 30, 2008 Thereafter Less current portion of long -term debt - $ 950 1,020 1,095 1,175 1,262 56,987 62,489 950) Long -Term Portion S Interest expense was $4,495 and $4,555 for the years ended June 30, 2003 and 2002, respectively. -10- Essentially all salaried employees of the Corporation are covered by the defined contribution pension plan of the BNRC. Employees of the Corporation are eligible participants upon completion of one year of service. Employees are fully vested after three years of credited service. The Corporation contributes 11.7% of the first $20,000 of each eligible employee's compensation and 15% of compensation in excess of $20,000. Pension expense for the years ended June 30, 2003 and June 30, 2002 was $53,706 and $56,528, respectively. NOTE 10 — RELATED PARTY TRANSACTIONS The Corporation is affiliated with BURA and BNRC through common board members. Transactions with related parties are primarily reimbursements for expenses incurred on behalf of the Corporation, and grants administered for an affiliated Company. Related party transactions not disclosed elsewhere for the years ended June 30, 2003 and 2002 are as follows: 2003 2002 Grants allocated by BURA $ 377,710 $ 172,191 NOTE 11— CONTINGENCIES The Corporation is a recipient of numerous Federal and state governmental grants. These grants are subject to compliance and financial audits by the respective agencies administering each grant. Management believes that they have substantially complied with the rules and regulations as specified under the various grant agreements, as well as the rules and regulations of the respective agency for each grant, except as disclosed by HUD in monitoring reports on the HOME and HOW new housing programs, discussed in Note 12. NOTE 12 — SUBSEQUENT EVENTS Subsequent to the balance sheet date, HUD reviewed the transactions in the Corporation's HOW new housing program. They disallowed costs claimed for administrative expenses since they were not budgeted in the grant program budget. They also disallowed costs relating to developments outside the HOZO grant boundary. These questioned costs were subsequently paid by BURA, a related party. Additional costs may be questioned if the project is not completed by December 31, 2008, the deadline imposed by HUD. The City of Buffalo and BURA are taking efforts to complete this program and management believes that deadline will be met. -11- RUS Y N ISM I T 1 111 H 11 i. 0 In 2004 the U.S. Department of Housing and Urban Development (HUD) issued monitoring findings on the City of Buffalo's HOME grant program which cited questioned costs for the Buffalo Neighborhood Revitalization Corporation (the Corporation)). The Corporation acted as a HOME subrecipient for the City. In particular, HUD cited questioned costs for the Corporation's usage of 100% of HOME program income for salaries, fringes and other administrative costs of the agency. Grant regulations limit the use of program income for administrative costs to only 10% of the total of grant funds received and program income collected. HUD also questioned the Corporation's accounting for such program income. HUD prohibited the City from providing additional HOME or CDBG grant funds to the Corporation until all findings were resolved. In October 2004, management of the City of Buffalo transferred all Corporation employees to another related party organization and substantially curtailed operations for the Corporation. The Corporation continues to exist, collect loan repayments and interest and pay only required expenses. In addition, the Corporation is closing out its homeownership zone program, including sales of land acquired for resale. This work is being done by staff of the City of Buffalo's Urban Renewal Agency, a related party. The board of directors at this time has no intentions of closing the Corporation but will continue to conduct activities on the limited basis previously described, with the assistance of the Buffalo Urban Renewal Agency. NOTE 13 — PRIOR PERIOD ADJUSTMENT During the year ended June 30, 2003, the Corporation recognized that the prior year financial statements did not reflect $2,542,872 of land inventory purchased during the fiscal years ended June 30, 1999 through 2002 as assets of the Corporation. This amount represents $2,318,678 of land acquired for home construction for the Homeownership Zone Program and $224,194 for the CDBG Program. The acquisition costs were paid using Section 108 Funds and CDBG Grant Funds received in prior years and recorded as grant expenses rather than assets. These assets were not reflected in the prior year financial statements. The effect of correcting this error increased net assets by $2,542,872 at June 30, 2002. NOTE 14 — REFUND OF GRANT REVENUES In October 2002, HUD notified the City that it had drawn down Economic Development Initiative (EDI) Grant Funds in excess of immediate cash needs. This is a violation of Federal regulations applicable to not - for -profit grant recipients. Accordingly, HUD mandated that such funds, and any interest earned thereon, be returned to the U.S. Treasury. On October 31, 2002, the Corporation refunded $1,519,669 of EDI Grant Funds and $152,358 of interest to HUD. -12- SCHEDULE OF i OF 1 : 1, YEAR ENDED .TUNE 30, 2003 Federal Grantor/Pass- Through Federal Federal Grantor /Program Title CFDA Number Expenditures U.S. Department of Housing and Urban Development/ Buffalo Urban Renewal Agency: Community Development Block Grant - Section 108 Loan Guarantee (HOZO) 14.218 $ 1,007,131 Community Development Block Grant (CDBG) 14.219 79,892 Economic Development Initiative Grant 14.246 528,448 Home Investment Partnership Program (HOME) 14.239 405,726 Total Expenditures of Federal Awards $ 2,021,197 * Denotes Major Federal Program NIGH NOTE A — BASIS OF PRESENTATION I. General: The accompanying schedule of expenditures of Federal Awards presents the activity of all Federal Awards programs of the Buffalo Neighborhood Revitalization Corporation (the Corporation). The Corporation is defined in Note 1 of the Notes to the Financial Statements. Federal Awards passed through other government agencies are included on the schedule. 2. Basis of Accounting: The accompanying Schedule of Expenditures of Federal Awards is presented on the cash basis of accounting. 3. Use of Funds: Federal funds have been expended during the year ended June 30, 2003 for loans, housing rehabilitation and administrative expenses. 4. Loans Receivable At June 30, 2003, the Corporation is administering $21,958,542 of Federally funded loans issued to eligible participants. -14- OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STAT EMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENTAUDITING STANDARDS The Board of Directors Buffalo Neighborhood Revitalization Corporation Buffalo, New York We have audited the accompanying financial statements of Buffalo Neighborhood Revitalization Corporation (a nonprofit organization) as of and for the year ended June 30, 2003, and issued our report thereon dated December 15, 2006. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reportin In planning and performing our audit, we considered Buffalo Neighborhood Revitalization Corporation's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide an opinion on the internal control over financial reporting. However, we noted certain matters involving the internal control over financial reporting and its operation that we consider to be reportable conditions. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over financial reporting that, in our judgment, could adversely affect Buffalo Neighborhood Revitalization Corporation's ability to initiate, record, process, and report financial data consistent with the assertions of management in the financial statements. Reportable conditions are described in the accompanying schedule of findings and questioned costs as items 03 -1, 03 -2, and 03 -3. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements -15- being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses. However, we believe all of the reportable conditions described above are material weaknesses. Compliance and Other Matters As part of obtaining reasonable assurance about whether Buffalo Neighborhood Revitalization Corporation's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed instances of noncompliance or other matters that are required to be reported under Government Auditing Standards and which are described in the accompanying schedule of fmdings and questioned costs as items 03 -1, 03 -2, and 03 -3. This report is intended solely for the information and use of the Buffalo Neighborhood Revitalization Corporation, management, Board of Directors, and Federal awarding agencies and pass - through entities and is not intended to -be and should not be used by anyone other than these specified parties. CONWAY PORTER C.P.A., P.C. Conway Porter President Buffalo, New York December 15, 2006 -16- CP CONWAY PORTER, C CERTIFIED HIM PUBLIC ACCOUNTANTS 716 -881 -2277 FAX 716 -881 -2283 147 LINWOOD AVENUE BUFFALO, NEW YORK 14209 -2003 WITH OMB CIRCULAR A -133 The Board of Directors Buffalo Neighborhood Revitalization Corporation Buffalo, New York Compliance We have audited the compliance of the Buffalo Neighborhood Revitalization Corporation (a nonprofit organization), with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A -133 Compliance Supplementthat are applicable to each of its major Federal programs for the year ended June 30, 2003. Buffalo Neighborhood Revitalization Corporation's major Federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to each of its major Federal programs is the responsibility of Buffalo Neighborhood Revitalization Corporation's management. Our responsibility is to express an opinion on Buffalo Neighborhood Revitalization Corporation's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards,. issued by the Comptroller General of the United States; and OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations. Those standards and OMB Circular A -133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major Federal program occurred. An audit includes ex aminin g, on a test basis, evidence about Buffalo Neighborhood Revitalization Corporation's compliance with those requirements and performing such other procedures, as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of Buffalo Neighborhood Revitalization Corporation's compliance with those requirements. 17- 1 In our opinion, Buffalo Neighborhood Revitalization Corporation complied, in all material respects, with the requirements referred to above that are applicable to each of its major Federal programs for the year ended June 30, 2003. However, the results of our auditing procedures disclosed instances of noncompliance with those requirements, which are required to be reported in accordance with OMB Circular A -133 and which are described in the accompanying schedule of findings and questioned costs as items 03 -1, 03 -2, and 03 -3. Internal Control Over Compliance The management of Buffalo Neighborhood Revitalization Corporation is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts and grants applicable to Federal programs. In planning and performing our audit, we considered Buffalo Neighborhood Revitalization Corporation's internal control over compliance with requirements that could have a direct and material effect on a major Federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A -133. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that noncompliance with applicable requirements of laws, regulation, contracts, and grants caused by error or fraud that would be material in relation to a major federal program audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. However, we believe all of the reportable conditions described above are material weaknesses. This report is intended solely for the information and use of the Buffalo Neighborhood Revitalization Corporation, management, Board of Directors, and Federal awarding agencies and pass - through entities and is not intended to be and should not be used by anyone other than these specified parties. • ► i ; ► • ► Buffalo, New York December 15, 2006 BUFFALO NEIGHBORHOOD REVITALIZATION CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS YEAR ENDED .TUNE 30, 2003 Summary of Audit Results Financial Statements Type of Auditor's Report Issued: Is a "going concern" explanatory paragraph included in the audit report? Is a reportable condition disclosed? Is any reportable condition reported as a material weakness? Is a material noncompliance disclosed? Federal Programs Type of audit report on major program compliance? Dollar Threshold Used to Distinguish Between Type A and Type B Programs Did the auditee qualify as a low -risk auditee? Is a reportable condition disclosed for any major program? Is any reportable condition reported as a material weakness? Are any known questioned costs reported? Was a Summary Schedule of Prior Audit Findings prepared? Identification of Major Programs: CFDA Number Name of Program 14.218 Section 108 Loan Guarantee (HOZO) 14.219 Community Development Block Grants 14.246 Economic Development Initiative Grant 14.239 Home Investment. Partnership Program -19- Unqualified No No No No Unqualified 300,000 No Yes Yes Yes Yes FINANCIAL. STATEMENT FINDINGS There were no financial statement findings for the year ended June 30, 2003. FEDERAL AWARD FINDINGS 03 -1 Ineligible Administrative Costs Criteria: Accounting records indicate that administrative costs have been charged to the Section 108 grant under the Homeownership Zone Program (HOZO). The grant budget does not provide for administrative costs. Condition: Management has not established adequate budgetary controls to ensure that only eligible costs are claimed under various grant programs. Questioned Costs: $711 Effect: The lack of budgetary controls permits ineligible costs to be charged to grant programs. Recommendation: We recommend that the Corporation institute appropriate budgetary controls which follow grantor- approved budgets. Management's Response: The Corporation has developed internal worksheets to track budgets for the HOZO Program, the only program with budgetary requirements. These were implemented in 2005. In addition, in 2005 and 2006, BURA repaid all HOZO questioned costs, returning the amount questioned to the Section 108 debt reserve account, as instructed by HUD. 03 -2 Improper Expenditure of HOME Program Income Criteria: HOME regulations permit the use of up to 10% of program income received for allowable administrative and planning costs (24 CFR section 92.503 and 92.102(b)). The remaining program income should be used for HOME - eligible projects. Condition: Management did not establish procedures to monitor the use of HOME (24 CFR section 92.503 and 92.102(b)) program income to ensure that amounts expended on administrative and planning costs did not exceed the 10% limit imposed by the regulations. Questioned Costs: $45,688 -20- Effect: The Corporation cannot document that it has expended HOME Program Income on additional project costs. It appears that the full amount of Program Income was spent on administrative and planning costs, enabling the Corporation to pay salaries, fringes and other costs of operations. Spending beyond the 10% cap has resulted in questioned costs. In 2004, the U.S. Department of Housing and Urban Development (HUD) also issued monitoring findings on the City of Buffalo's HOME Grant Program which cited questioned costs for the Buffalo Neighborhood Revitalization Corporation (the Corporation). The Corporation acted as a HOME subrecipient for the City. In particular, HUD cited questioned costs for the Corporation's usage of 100% of HOME Program Income for salaries, fringes and other administrative costs of the agency. HUD also questioned the Corporation's accounting for such Program Income. HUD prohibited the City from providing additional HOME or CDBG grant funds to the Corporation until all findings were resolved. In October 2004, management of the City of Buffalo transferred all Corporation employees to another related party organization and substantially curtailed operations for the Corporation. The Corporation continues to exist, collect loan repayments and interest and pay only required expenses. All Program Income collected by the Corporation is being transferred to BURA on a monthly basis. This work is being done by staff of the City of Buffalo's Urban Renewal Agency, a related party. Recommendation: We recommend that the Corporation and BURA continue discussions with HUD to resolve this finding. Management's Response: The Corporation and BURR continue discussions with HUD and have submitted a repayment plan to HUD to resolve these questioned costs and the audit finding. 03 -3 Failure to Monitor for Housing Quality Standards Criteria: During the period of affordability for HOME Assisted Rental Housing, the participating entity is required to perform on -site inspections to determine compliance with property standards and verify the information submitted by the owners no less than: (a) every three years for projects containing 1 to 4 units, (b) every two years for projects containing 5 to 25 units, and (c) every year for projects containing 26 or more units (24 CFR sections 92.251, 92.252 and 92.504(b)) Condition: Management has not established monitoring procedures to ensure that HOME Assisted Projects comply with housing quality standards. Questioned Costs: None. -21- Effect.- The Corporation has not performed the required inspections and cannot determine that property standards are met. Recommendations: We recommend that the Corporation institute appropriate monitoring procedures to ensure that HOME assisted properties are inspected and meet housing quality standards. Mana ,-ement's Response: In 2006, the Buffalo Urban Renewal Agency began reviewing the Corporation's projects to determine which properties are still within the period of affordability and still retain inspection requirements. The properties found to be within the affordability period will be inspected for housing quality standards, as required. -22- Year Ended June 30, 2003 FINANCIAL. STATEMENT FINDINGS There were no financial statement findings for the year ended June 30, 2002. FEDERAL AWARD FINDINGS I. Ineligible Administrative Costs Condition: Management has not established adequate budgetary controls to ensure that only eligible costs are claimed under various grant programs. Status: This finding still persists at June 30, 2003. II. Improper Expenditure of HOME Program Income Condition: Management did not establish procedures to monitor the use of HOME (24 CFR section 92.503 and 92.102(b)) program income to ensure that amounts expended on administrative and planning costs did not exceed the 10% limit imposed by the regulations. Status: This finding still persists at June 30, 2003. III.Failure to Monitor for Housing Quality Standards Condition: Management has not established monitoring procedures to ensure that HOME assisted projects comply with housing quality standards. Status: This finding still persists at June 30, 2003. -23- IMP ° 2 lutta va I : 1-1-iAl SO CP CONWAY PORTER, C. RA., RC. HIM Financial Statements r• 1 11 .�r '11' FINANCIAL. STATEMENTS: Independent Report .............................................................................. ............................1 -2 Statements of Financial Position ...................................................................... ..............................3 Statementsof Activities ................................................................................... ..............................4 Statements Cash Flows ................................................................................ ..............................5 Notesto Financial Statements ............................................................................. ...........................6 -12 SUPPLEMENTAL. INFORMATION: Schedule of Expenditures of Federal Awards ................................................. .............................13 Notes to Schedule of Expenditures of Federal Awards .................................. .............................14 Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with GovernmentA uditingStandards ... ..........................15 -16 Independent Auditor's Report on Compliance with Requirements Applicable to Each Major Program and on Internal Control Over Compliance in Accordance with OMB Circular A -133 ................................................................................. ..........................17 -18 Schedule of Findings and Questioned Costs ................................................... .............................19 Report of Findings and Recommendations ........................................................ ..........................2Q -22 Statusof Prior Year Findings .......................................................................... .............................23 CP CONWAY PORTER, MINN C.P.A., CERTIFIED PUBLIC ACCOUNTANTS The Board of Directors Buffalo Neighborhood Revitalization Corporation Buffalo, New York 716 -881 -2277 FAX 716- 881 -2283 147 LINWOOD AVENUE BUFFALO, NEW YORK 14209 -2003 We have audited the accompanying statements of financial position of Buffalo Neighborhood Revitalization Corporation (a nonprofit organization) as of June 30, 2003 and 2002, and the related statements of activities and cash flows for the years then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes ex aminin g, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Buffalo Neighborhood Revitalization Corporation as of June 30, 2003 and 2002, and the changes in its net assets and its cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. In aecordance with Government Auditing Standards, we have also issued our report dated December 15, 2006, on our consideration of Buffalo Neighborhood Revitalization Corporation's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. -1- Our audits were conducted for the purpose of forming an opinion on the financial statements of Buffalo Neighborhood Devitalization Corporation taken as a whole. The accompanying Schedule of Expenditures of Federal Awards for the year ended June 30, 2003 is presented for purposes of additional analysis as required by the U.S. Office of Management and Budget Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations, and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole, Buffalo,. New York December 15, 2006 -2- JUNE 30, 2003 AND 2002 Assets Cash Accounts Receivable - HOW (Note 3) Other Receivables Loans Receivable, Net (Note 4) Grants Receivable - Related Party (Note 5) Land and Model Homes Acquired for Resale (Note 6) Furniture and Equipment, Net (Note 7) Total Assets Liabilities Accounts Payable and Accrued Expenses Deferred Revenue Section 108 Funds Payable - HOZO (Note 3) Mortgages Payable (Note 8) Total Liabilities Temporarily Restricted Net Assets Total Liabilities and Net Assets See Notes to Financial Statements. 2003 2002 (Restated Note 13) $ 1,122,262 $ 2,996,785 1,985,621 1,851 2,026,543 3,503,702 2,027 1,224,886 1,851 1,649,721 4,655 3,776,043 2,654 $ 8,642,006 $ 9,656,595 $ 270,758 $ 377,410 439,582 105,484 1,985,621 1,224,886 62,489 63,373 2,758,450 1,771,153 5,883,556 7,885,442 $ 8,642,006 $ 9,656,595 -3- STATEMENTS OF ACTIVITIES FOR THE YEARS ENDED JUNE 30, 2003 AND 2002 See Notes to Financial Statements. -4- 2003 2002 (Restated Note 13) Revenue and other support Government Grants $ 424,553 $ 903,223 Other Grants 337,728 195,000 Program Income 794,078 554,356 Interest Income - Loans 61,388 5,293 Other Income 81,524 3,178 Total Revenue and Other Support 1,699,271 1,661,050 Expenses General and Administrative Salaries, Payroll Taxes and Employee Benefits 506,916 575,645 Professional Fees 49,739 101,026 Insurance Expense 23,469 7,406 Depreciation 627 481 Office Expense 385 93 Travel 2,772 4,335 Loss on Sale of Land Inventories and Model Homes 90,510 - Property Taxes and User Fees 13,759 189,492 Other 20,829 4,707 709,006 883,185 Program Services Provision for Loan Forgiveness and Doubtful Loans - - Rehabilitation and Preservation Activities 661,283 503,162 Homeownership Zone Program 658,841 807,644 1,320,124 1,310,806 Other Grant Funds Returned (Note 14) 1,519,669 - Grant Interest Returned (Note 14) 152,358 - 1,672,027 - Total Expenses 3,701,157 2,193,991 (Decrease) in Net Assets (2,001,886) (532,941) Net Assets - Beginning, Prior to Restatement 7,885,442 5,875,511 Restatement: To record land inventory purchased during the fiscal years ended June 30, 1999 through 2002 as assets of the Corporation (Note 13) - 2,542,872 Net Assets - Beginning as Restated 7,885,442 8,418,383 Net Assets - Ending $ 5,883,556 $ 7,885,442 See Notes to Financial Statements. -4- STATEMENTS OF CASH FLOWS FOR THE YEARS ENDED JUNE 30, 2003 AND 2002 Cash Flows From Operating Activities (Decrease) in Net Assets Adjustments to Reconcile Increase in Net Assets to Net Cash Flows from Operating Activities: Depreciation Loss on Sale of Land Inventories and Model Homes Provision for Loan Forgiveness and Doubtful Loans (Decrease) in Grants Receivable Increase in Other Receivables (Decrease) in Accounts Payable and Accrued Expenses Increase in Deferred Revenue Increase in Section 108 Payable Net Cash (Used in) by Operating Activities Cash Flows From Investing Activities Loans and Notes Issued Purchase of Furniture and Equipment Payments from Loans Receivable Proceeds from Sale of Land Inventories and Model Homes Purchase of Land and Model Homes for Resale Net Cash (Used in) Investing Activities Cash Flows From Financing Activities Repayments on Mortgage Payable Net Cash (Used in) / Financing Activities Net (Decrease) in Cash Cash - Beginning Cash - Ending Supplemental Disclosures: Interest Paid See Notes to Financial Statements. $ (2,001,886) $ (532,941) 627 481 90,510 - 10,707 (760,735) (160,000) 4,655 94 (106,652) (73,840) 334,098 8,828 760,735 160,000 (1,667,941) (597,378) (738,567) - (3,135) 351,038 32,842 181,831 - - (559,309) (205,698) (529,602) (884) (824) (884) (824) (1,874,523) (1,127,804) 2,996,785 4,124,589 $ 1,122,262 $ 2,996,785 $ 4,495 $ 4,555 -5- JUNE 30, 2003 and 2002 Organization and Programs - The Buffalo Neighborhood Revitalization Corporation (the Corporation) was established by the City of Buffalo (the City) to stimulate housing rehabilitation and revitalization within the City, primarily for the benefit of low - and moderate - income individuals. To accomplish its purpose, the Corporation provides loans and grants to eligible applicants. The Corporation receives government funding (loans and grants) which is generally restricted for uses in accordance with the purpose of the Corporation. All activities of the Corporation are designed to promote neighborhood preservation and restoration. The following describes the primary programs of the Corporation: Housing Rehabilitation Doan Program - Encourages the rehabilitation of specific targeted areas within the City by providing the following types of loans: Deferred - Borrower is required to make annual interest payments, principal is forgiven in full if the borrower complies with all provisions of the loan agreement. Principal Reduction - The loans represent the Corporation's 25% participation in loans originated by financial institutions. The Corporation receives a $20 annual service fee per loan, which is applied against the loan principal. Repayment of loan principal is required upon sale of the related property. High Risk - Loans bear interest at rates ranging from 3% to 12 %, and repayment is required in monthly installments over terms ranging from three to fifteen years. Loan Subsidy and Grant Program - Provides non - interest bearing loans to individual homeowners. Repayment is required in monthly installments over terms ranging from four to ten years. New Housing Programs - Facilitate the rehabilitation of certain areas in the City by providing low interest interim construction loans to developers which convert to secondary mortgages upon sale of the units. The non- interest bearing mortgages are forgiven after ten years if the borrower has complied with all provisions of the mortgage agreement. Rehabilitation Programs - Provide various loans and grants to promote the rehabilitation of housing in the City. M Basis of Accounting — The accompanying financial statements have been prepared on the accrual basis of accounting in accordance with generally accepted accounting principles. Basis of Presentation — Financial statement presentation follows the recommendation of the Financial Accounting Standards Board in its Statement of Financial Standards (SFAS) No. 117, Financial ztatement ref Mot- For-Profit Organizations. Under SFAS No. 117, the Corporation is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. These net assets classifications are described as follows: Unrestricted Net Assets — not subject to donor- imposed restrictions. Unrestricted net assets may be designated for specific purposes or locations by action of the Board of Directors. Temporarily Restricted Net Assets — subject to donor - imposed stipulations that may be fulfilled by actions of the Corporation to meet the stipulations or become unrestricted at the date specified by the donor. Permanently Restricted Net Assets — subject to donor - imposed stipulations that they be retained and invested permanently by the Corporation. The Corporation has no unrestricted and no permanently restricted net assets at June 30, 2003 and 2002. Use of Estimates - The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Actual results could differ from those estimates. Cash — For purposes of these statements, cash consists of money in checking and savings accounts. Cash in the financial institutions may exceed federally insured limits at various times during the year and subject the Corporation to concentrations of credit risk. If required by the specific grant agreement, cash is held in separate accounts. The Corporation places its cash deposits with high quality financial institutions. Loans Receivable - The Corporation uses the allowance method to compute the provisions for loan forgiveness and doubtful loans. The allowance for loan forgiveness is based on management's determination of the amount of loan principal expected to be uncollectible under the terms of the various loan agreements, after evaluating current economic conditions, historical collections and current collections efforts. -7- Loan Repayments - Principal loan repayments (and interest thereon) retained by the Corporation are generally considered program income and restricted with respect to the original purpose of the grantor. Pursuant to the terms of the grant agreements, certain loan repayments must be returned to the grantor. Land and Model Homes Acquired for Resale — In the course of conducting its various programs and activities, the Corporation may acquire land to be used for future development. In addition, the Corporation funds construction financing for developers in the home ownership program. Land Inventory and Model Homes Acquired for Resale are stated at cost. Furniture and Equipment - Property and equipment is stated at cost, net of accumulated depreciation. Depreciation is provided using the straight -line method over the estimated useful lives of the assets. Grants - The Corporation receives various governmental grants for which receipt is conditional upon its use for certain eligible activities or projects. These special project grants are recorded as refundable advances until the condition is met. When the condition is met, the grant is reported as revenue in the statement of activities. Grants awarded to other organizations are recorded as expenses in the statements of activities. Income Taxes - The Corporation is a 501(c)(3) organization exempt from income taxes under Section 501(a) of the Internal Revenue Code. NOTE 3 - ACCOUNTS RECEIVABLE & SECTION 108 FUNDS PAYABLE - HOW Accounts receivable represents funds on deposit with the Buffalo Economic Renaissance Corporation (BERC), a related party company, as a reserve for debt service in connection with the Corporation's new home ownership zone program, which will promote infrastructure development in specified parts of the City. Under BERC's contract for the program with the Department of Housing and Urban Development (HUD), the Corporation is required to establish a debt service reserve to fund repayment of HUD 108 loans. Whiles these funds are shown as a receivable from BERC, they are restricted for use for payment of the Section 108 Loan obtained by the Buffalo Urban Renewal Agency (BURR), a related party, to assist in completing the new home ownership zone program. Accordingly, there is a corresponding amount due to BURA reflected on the statement of net assets as Section 108 Funds Payable. At June 30, 2003 and 2002 the amount receivable from BERC and Section 108 funds payable to BURA totals $1,985,621 and $1,224,886, respectively. Housing Rehabilitation Loan Program Deferred Loans Principal. Reduction Loans High Risk Loans Loan Subsidy and Grant Program Loans New Housing Programs Rental Rehabilitation Programs Other Programs Less Allowance for Doubtful Loans Total Loans Receivable NOTE 5 — GRANTS RECEIVABLE $ 9,729,380 $ 9,773,691 1,246,027 1,314,377 2,333,321 3,037,522 13,308,728 14 62,970 6,710,314 1,528,230 348,300 62,970 8,434,033 2,151,510 367,876 21,958,542 (19,931,999 2,026,543 25,141,979 (23,492,258 $ 1,649,721 Grants receivable represent contract and grant amounts due from state and local government agencies for services provided or activities funded. A detail of amounts due at June 30, 2003 and 2002 are presented below. Buffalo Urban Renewal Agency 2003 2002 $ - $ 4,655 The Buffalo Urban Renewal Agency is a related party, related by shared management and certain common board members. NOTE 6 - LAND AND MODEL HOMES ACQUIRED FOR RESALE In the course of conducting its various programs, the Corporation has acquired land and funded construction of new homes for low- and moderate- income buyers. These assets are recorded at cost and consist of the following at June 30, 2003 and 2002. 2003 2002 Model Homes $ 598,280 $ 775,611 Land Inventories 2,577,592 2,672,602 Land Acquired for Resale 327,830 327,830 Total Land and Model Homes Acquired for Resale 3,503,702 3,776,043 -9- It is the policy of the Corporation to capitalize all expenditures for equipment in excess of $1,000. Those items with a cost of less than $1,000 are expensed in the year of acquisition. All fixed assets are valued at historical cost. Repairs and maintenance expenses are charged to operations when incurred and major betterment and replacements are capitalized. Depreciation is provided using the straight -line method over the estimated useful lives of the assets. 2003 2002 Equipment $ 45,392 $ 45,392 Less Accumulated Depreciation 4� 3,365 _(4Z,7 38) Net Furniture and Equipment _ 2 2 654 NOTE 8 — MORTGAGES PAYABLE At June 30, 2003, the Corporation had $62,489 of outstanding mortgages in connection with its City Properties Rehabilitation (CPR) Program. The mortgages, acquired pursuant to the Department of Housing and Urban Development Rehabilitation Mortgage Insurance Program (Section 203(k)), are used to acquire and rehabilitate various residential properties purchased by the Corporation. The purchaser upon sale of the property generally assumes the mortgages. Annual principal maturities of the mortgages payable are as follows: Year ended June 30, 2004 Year ended June 30, 2005 Year ended June 30, 2006 Year ended June 30, 2007 Year ended June 30, 2008 Thereafter Less current portion of long -term debt $ 950 1,020 1,095 1,175 1,262 56,987 62,489 950} Long -Term Portion 61 539 Interest expense was $4,495 and $4,555 for the years ended June 30, 2003 and 2002, respectively. -10 Essentially all salaried employees of the Corporation are covered by the defined contribution pension plan of the BNRC. Employees of the Corporation are eligible participants upon completion of one year of service. Employees are fully vested after three years of credited service. The Corporation contributes 11.7% of the first $20,000 of each eligible employee's compensation and 15% of compensation in excess of $20,000. Pension expense for the years ended June 30, 2003 and June 30, 2002 was $53,706 and $56,528, respectively. NOTE 10 — RELATED PARTY TRANSACTIONS The Corporation is affiliated with BURA and BNRC through common board members. Transactions with related parties are primarily reimbursements for expenses incurred on behalf of the Corporation, and grants administered for an affiliated Company. Related party transactions not disclosed elsewhere for the years ended June 30, 2003 and 2002 are as follows: 2003 2002 Grants allocated by BURA $ 377,710 $ 172,191 NOTE 11 — CONTINGENCIES The Corporation is a recipient of numerous Federal and state governmental grants. These grants are subject to compliance and financial audits by the respective agencies administering each grant. Management believes that they have substantially complied with the rules and regulations as specified under the various grant agreements, as well as the rules and regulations of the respective agency for each grant, except as disclosed by HUD in monitoring reports on the HOME and HOW new housing programs, discussed in Note 12. NOTE 12 — SUBSEQUENT EVENTS Subsequent to the balance sheet date, HUD reviewed the transactions in the Corporation's HOZO new housing program. They disallowed costs claimed for administrative expenses since they were not budgeted in the grant program budget. They also disallowed costs relating to developments outside the HOZO grant boundary. These questioned costs were subsequently paid by BURA, a related party. Additional costs may be questioned if the project is not completed by December 31, 2008, the deadline imposed by HUD. The City of Buffalo and BURA are taking efforts to complete this program and management believes that deadline will be met. - 11 - H2 In 2004 the U.S. Department of Housing and Urban Development (HUD) issued monitoring findings on the City of Buffalo's HOME grant program which cited questioned costs for the Buffalo Neighborhood Revitalization Corporation (the Corporation)). The Corporation acted as a HOME subrecipient for the City. In particular, HUD cited questioned costs for the Corporation's usage of 100% of HOME program income for salaries, fringes and other administrative costs of the agency. Grant regulations limit the use of program income for administrative costs to only 10% of the total of grant funds received and program income collected. HUD also questioned the Corporation's accounting for such program income. HUD prohibited the City from providing additional HOME or CDBG grant funds to the Corporation until all findings were resolved. In October 2004, management of the City of Buffalo transferred all Corporation employees to another related party organization and substantially curtailed operations for the Corporation. The Corporation continues to exist, collect loan repayments and interest and pay only required expenses. In addition, the Corporation is closing out its homeownership zone program, including sales of land acquired for resale. This work is being done by staff of the City of Buffalo's Urban Renewal Agency, a related party. The board of directors at this time has no intentions of closing the Corporation but will continue to conduct activities on the limited basis previously described, with the assistance of the Buffalo Urban Renewal Agency. NOTE 13 — PRIOR PERIOD ADJUSTMENT During the year ended June 30, 2003, the Corporation recognized that the prior year financial statements did not reflect $2,542,872 of land inventory purchased during the fiscal years ended June 30, 1999 through 2002 as assets of the Corporation. This amount represents $2,318,678 of land acquired for home construction for the Homeownership Zone Program and $224,194 for the CDBG Program. The acquisition costs were paid using Section 108 Funds and CDBG Grant Funds received in prior years and recorded as grant expenses rather than assets. These assets were not reflected in the prior year financial statements. The effect of correcting this error increased net assets by $2,542,872 at June 30, 2002. NOTE 14 — REFUND OF GRANT REVENUES In October 2002, HUD notified the City that it had drawn down Economic Development Initiative (EDI) Grant Funds in excess of immediate cash needs. This is a violation of Federal regulations applicable to not - for - profit grant recipients. Accordingly, HUD mandated that such funds, and any interest earned thereon, be returned to the U.S. Treasury. On October 31, 2002, the Corporation refunded $1,519,669 of EDI Grant Funds and $152,358 of interest to HUD. -12- BUFFALO NEIGHBORHOOD REVITALIZATION CORPORATION SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS YEAR ENDED TUNE 30, 2003 Federal Grantor/Pass- Through Federal Federal Grantor/Program Title CFDA Number Expenditures U.S. Department of Housing and Urban Development/ Buffalo Urban Renewal Agency: Community Development Block Grant - Section 108 Loan Guarantee (HOZO) 14.218 $ 1,007,131 * Community Development Block Grant (CDBG) 14.219 79,892 * Economic Development Initiative Grant 14.246 528,448 * Home Investment Partnership Program (HOME) 14.239 405,726 * Total Expenditures of Federal Awards $ 2,021,197 * Denotes Major Federal Program 10 -13- 1. General: The accompanying schedule of expenditures of Federal Awards presents the activity of all Federal Awards programs of the Buffalo Neighborhood Revitalization Corporation (the Corporation). The Corporation is defined in Note 1 of the Notes to the Financial Statements. Federal Awards passed through other government agencies are included on the schedule. 2. Basis of Accounting: The accompanying Schedule of Expenditures of Federal Awards is presented on the cash basis of accounting. 3. Use of Funds: Federal funds have been expended during the year ended June 30, 2003 for loans, housing rehabilitation and administrative expenses. 4. Loans Receivable At June 30, 2003, the Corporation is administering $21,958,542 of Federally funded loans issued to eligible participants. -14- 716 -881 -2277 CP IN CONWAY PORTER, FAX 716- 881 -2283 ® ®, HIM CERTIFIED PUBLIC ACCOUNTANTS 147 LINWOOD AVENUE BUFFALO, NEW YORK 14209 -2003 OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL, STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS The Board of Directors Buffalo Neighborhood Revitalization Corporation Buffalo, New York We have audited the accompanying financial statements of Buffalo Neighborhood Revitalization Corporation (a nonprofit organization) as of and for the year ended June 30, 2003, and issued our report thereon dated December 15, 2006. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in GovernmentAuditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered Buffalo Neighborhood Revitalization Corporation's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide an opinion on the internal control over financial reporting. However, we noted certain matters involving the internal control over financial reporting and its operation that we consider to be reportable conditions. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over financial reporting that, in our judgment, could adversely affect Buffalo Neighborhood Revitalization Corporation's ability to initiate, record, process, and report financial data consistent with the assertions of management in the financial statements. Reportable conditions are described in the accompanying schedule of findings and questioned costs as items 03 -1, 03 -2, and 03 -3. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements -15- being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses. However, we believe all of the reportable conditions described above are material weaknesses. Compliance and Other Matters As part of obtaining reasonable assurance about whether Buffalo Neighborhood Revitalization Corporation's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed instances of noncompliance or other matters that are required to be reported under Government Auditing Standards and which are described in the accompanying schedule of findings and questioned costs as items 03 -1, 03 -2, and 03 -3. This report is intended solely for the information and use of the Buffalo Neighborhood Revitalization Corporation, management, Board of Directors, and Federal awarding agencies and pass - through entities and is not intended to be and should not be used by anyone other than these specified parties. CONWAY PORTER C.P.A., P.C. Conway Porter President Buffalo, New York December 15, 2006 -16- CP M CONWAY PORTER, C. RA., RC. CERTIFIED PUBLIC ACCOUNTANTS 716- 881 -2 <77 FAX 716-881-2283 147 LINWOOD AVENUE BUFFALO, NEW YORK 14209 -2003 INDEPENDENT AUDITOR'S REPORT O COMPLIANCE WITH REQUIREMENTS APPLICABLE TO EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH OMB '' • The Board of Directors Buffalo Neighborhood Revitalization Corporation Buffalo, New York Compliance We have audited the compliance of the Buffalo Neighborhood Revitalization Corporation (a nonprofit organization), with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A -733 Compliance Supplementthat are applicable to each of its major Federal programs for the year ended June 30, 2003. Buffalo Neighborhood Revitalization Corporation's major Federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to each of its major Federal programs is the responsibility of Buffalo Neighborhood Revitalization Corporation's management. Our responsibility is to express an opinion on Buffalo Neighborhood Revitalization Corporation's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations. Those standards and OMB Circular A -133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major Federal program occurred. An audit includes ex aminin g, on a test basis, evidence about Buffalo Neighborhood Revitalization Corporation's compliance with those requirements and performing such other procedures, as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of Buffalo Neighborhood Revitalization Corporation's compliance with those requirements. -17- 1 In our opinion, Buffalo Neighborhood Revitalization Corporation complied, in all material respects, with the requirements referred to above that are applicable to each of its major Federal programs for the year ended June 30, 2003. However, the results of our auditing procedures disclosed instances of noncompliance with those requirements, which are required to be reported in accordance with OMB Circular A -133 and which are described in the accompanying schedule of findings and questioned costs as items 03 -1, 03 -2, and 03 -3. Internal Control Over Compliance The management of Buffalo Neighborhood Revitalization Corporation is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts and grants applicable to Federal programs. In planning and performing our audit, we considered Buffalo Neighborhood Revitalization Corporation's internal control over compliance with requirements that could have a direct and material effect on a major Federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A -133. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that noncompliance with applicable requirements of laws, regulation, contracts, and grants caused by error or fraud that would be material in relation to a major federal program audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. However, we believe all of the reportable conditions described above are material weaknesses. This report is intended solely for the information and use of the Buffalo Neighborhood Revitalization Corporation, management, Board of Directors, and-Federal awarding agencies and pass - through entities and is not intended to be and should not be used by anyone other than these specified parties. Buffalo, New York December 15, 2006 BEIM BUFFALO NEIGHBORHOOD REVITALIZATION CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS YEAR ENDED JUNE 30, 2003 Summary of Audit Results Financial Statements Type of Auditor's Report Issued: Is a "going concern" explanatory paragraph included in the audit report? Is a reportable condition disclosed? Is any reportable condition reported as a material weakness? Is a material noncompliance disclosed? Federal Programs Type of audit report on major program compliance? Dollar Threshold Used to Distinguish Between Type A and Type B Programs Did the auditee qualify as a low -risk auditee? Is a reportable condition disclosed for any major program? Is any reportable condition reported as a material weakness? Are any known questioned costs reported? Was a Summary Schedule of Prior Audit Findings prepared? Identification of Major Programs: CFDA Number Name of Program 14.218 Section 108 Loan Guarantee (HOZO) 14.219 Community Development Block Grants 14.246 Economic Development Initiative Grant 14.239 Home Investment, Partnership Program -19- Unqualified No No No No Unqualified 300,000 No Yes Yes Yes Yes 1' ,i° i I - �i . � i 1 �I 1 There were no financial statement findings for the year ended June 30, 2003. FEDERAL AWARD FINDINGS 03 -1 Ineligible Administrative Costs Criteria: Accounting records indicate that administrative costs have been charged to the Section 108 grant under the Homeownership Zone Program (HOZO). The grant budget does not provide for administrative costs. Condition: Management has not established adequate budgetary controls to ensure that only eligible costs are claimed under various grant programs. Questioned Costs: $711 Effect: The lack of budgetary controls permits ineligible costs to be charged to grant programs. Recommendation: We recommend that the Corporation institute appropriate budgetary controls which follow grantor- approved budgets. Management's Response: The Corporation has developed internal worksheets to track budgets for the HOZO Program, the only program with budgetary requirements. These were implemented in 2005. In addition, in 2005 and 2006, BURA repaid all HOZO questioned costs, returning the amount questioned to the Section 108 debt reserve account, as instructed by HUD. 03 -2 Improper Expenditure of HOME Program Income Criteria: HOME regulations permit the use of up to 10% of program income received for allowable administrative and planning costs (24 CFR section 92.503 and 92.102(b)). The remaining program income should be used for HOME - eligible projects. Condition: Management did not establish procedures to monitor the use of HOME (24 CFR section 92.503 and 92.102(b)) program income to ensure that amounts expended on administrative and planning costs did not exceed the 10% limit imposed by the regulations. Questioned Costs: $45,688 -20- Effect: The Corporation cannot document that it has expended HOME Program Income on additional project costs. It appears that the full amount of Program Income was spent on administrative and planning costs, enabling the Corporation to pay salaries, fringes and other costs of operations. Spending beyond the 10% cap has resulted in questioned costs. In 2004, the U.S. Department of Housing and Urban Development (HUD) also issued monitoring findings on the City of Buffalo's HOME Grant Program which cited questioned costs for the Buffalo Neighborhood Revitalization Corporation (the Corporation). The Corporation acted as a HOME subrecipient for the City. In particular, HUD cited questioned costs for the Corporation's usage of 100% of HOME Program Income for salaries, fringes and other administrative costs of the agency. HUD also questioned the Corporation's accounting for such Program Income. HUD prohibited the . City from providing additional HOME or CDBG grant funds to the Corporation until all findings were resolved. In October 2004, management of the City of Buffalo transferred all Corporation employees to another related party organization and substantially curtailed operations for the Corporation. The Corporation continues to exist, collect loan repayments and interest and pay only required expenses. All Program Income collected by the Corporation is being transferred to BURA on a monthly basis. This work is being done by staff of the City of Buffalo's Urban Renewal Agency, a related party. Recommendation: We recommend that the Corporation and BURA continue discussions with HUD to resolve this finding. Management's Response: The Corporation and BURA continue discussions with HUD and have submitted a repayment plan to HUD to resolve these questioned costs and the audit finding. 03 -3 Failure to Monitor for Housing Quality Standards Criteria: During the period of affordability for HOME Assisted Rental Housing, the participating entity is required to perform on -site inspections to determine compliance with property standards and verify the information submitted by the owners no less than: (a) every three years for projects containing 1 to 4 units, (b) every two years for projects containing 5 to 25 units, and (c) every year for projects containing 26 or more units (24 CFR sections 92.251, 92.252 and 92.504(b)) Condition: Management has not established monitoring procedures to ensure that HOME Assisted Projects comply with housing quality standards. Qacestioned Costs: None. -21- Effect. The Corporation has not performed the required inspections and cannot determine that property standards are met. Recommendations: We recommend that the Corporation institute appropriate monitoring procedures to ensure that HOME assisted properties are inspected and meet housing quality standards. Management's Response: In 2006, the Buffalo Urban Renewal Agency began reviewing the Corporation's projects to determine which properties are still within the period of affordability and still retain inspection requirements. The properties found to be within the affordability period will be inspected for housing quality standards, as required. -22- There were no financial statement findings for the year ended June 30, 2002. FEDERAL AWARD FINDINGS I. Ineligible Administrative Costs Condition: Management has not established adequate budgetary controls to ensure that only eligible costs are claimed under various grant programs. Status: This finding still persists at June 30, 2003. II. Improper Expenditure of HOME Program Income Condition: Management did not establish procedures to monitor the use of HOME (24 CFR section 92.503 and 92.102(b)) program income to ensure that amounts expended on administrative and planning costs did not exceed the 10% limit imposed by the regulations. Status: This finding still persists at June 30, 2003. III. Failure to Monitor for Housing Quality Standards Condition: Management has not established monitoring procedures to ensure that HOME assisted projects comply with housing quality standards. Status: This finding still persists at June 30, 2003. -23- 4 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL f TO: THE COMMON COUNCIL: DATE: January 2, 2007 FROM: DEPARTMENT: DIVISION: PRIOR COUNCIL REFERENCE: Office of Strategic Planning Real Estate SUBJECT: Results of Negotiations 116 Gittere, 317.266 N Sycamore Vacant Lot: 30'x 102' Assessed Valuation: $1,400 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 116 Gittere Street from Mr. Adalberto Sanchez, 1021 Sycamore Street, Buffalo, New York 14212. Mr. Sanchez owns a two family home at 114 Gittere Street, which is adjacent to 116 Gittere Street and intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Thirty Cents (.30) to Seventy Cents (.70), per square foot. The results of our negotiations are that Mr. Sanchez has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400), Forty -Six Cents (.46) per square foot for the subject property. Mr. Sanchez has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 116 Gittere Street to Mr. Adalberto Sanchez in the amount of One Thousand Four Hundred Dollars ($1,400). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: TEW:JPH:ck ResnegWsales TIMOTHY E. WANAMAKER EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING N EXECUTIVE SUMMARY January 2, 2007 TO: Timothy E. Wanamaker, Executive Director Office of Strategic Planning 4 ' FROM: John P. Hannon, Jr., Director of Real Estate PREPARER PROOFREAD FOR ACCURACY BY: Chris Kasianowicz OSP LOG No.: Assigned Due Date: prior to January 4, 2007, 2:00 p.m. RE: Council Communication - Results of Negotiations 116 Gittere, 317.266' N Sycamore Lot Size: 30' x 102' Assessed Valuation: $1,400. 1. Proposal: For the City to sell the above referenced vacant lot to Mr. Adalberto Sanchez, 1021 Sycamore Street, Buffalo, NY 14212. 2. Background Information: Mr. Sanchez owns a two family home at 114 Gittere Street, which is adjacent to 116 Gittere and intends to use the vacant lot for additional green space. • Analysis of Options • Administrative /Management Issues • Financial /Funding Issues and Sources - No funding is necessary on the City's behalf. 3. Critical Milestones: Filing dead line is Thursday, January 4, 2007 before 2:00 p.m. 4. Recommended Actions: This office recommends the sale of 116 Gittere Street for $1,400. 5. Substantiation of Recommendations: Similar vacant lots in the subject area sell between $ .30 to $ .70 per sq. ft. Majority of sales are in the mid range of value. Negotiated with the purchaser for $1,400, $. 46 per sq. ft, 6. Description of any Attachments: sanborn map showing where the property is located. APPROVED: For: Timothy E. Wanamaker Date Executive Director Comments: Exsum6 ✓race ! ' Gr, ,4 �clr #s tlLf T BAs .e) DH - HOWLETT BP 51 m fo 'm 40 E %r 4 'y i 1 � o i D D D D 8 D �w D• D E n f� D D D D D D D D ,D D AD i- Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 2, 2007 be received and filed; and That the offer from Mr. Aldalberto Sanchez, residing at 1021 Sycamore Street, in the sum of one thousand and four hundred dollars ($1,400.00) for the purchase of 116 Gittere Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed 2 PJS:rmv t Awp60\mword\rmv\2c2- 6a.doc *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * RUSSELL SMITH * [-- ----------- ] [MAJ- 51 * 9 * p [2/3 - 6] [3/4 - 7] # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: FROM: DEPARTMENT: DIVISION DATE: January 2, 2007 Office of Strategic Planning Real Estate SUBJECT: Results of Negotiations 152 Orange, 100'N Carlton Vacant Lot: 30' x 100' Assessed Valuation: $700. 156 Orange, 130' N Carlton Vacant Lot: 15'x 100' Assessed Valuation: $500. (Ellicott District) PRIOR COUNCIL REFERENCE: The Office of Strategic Planning, Division of Real Estate has received a request to purchase 152 and 156 Orange Street from Mr. Thomas Harris, Jr., 278 Carlton Street, Buffalo, New York 14204. Mr. Harris owns and resides at 278 Carlton Street, which is adjacent to 152 and 156 Orange and intends to use these vacant lots to construct a garage. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Forty -Five Cents ($ .45) to Eighty -Five Cents ($.85), per square foot. The results of our negotiations are that Mr. Harris has agreed and is prepared to pay Two Thousand Five Hundred Dollars ($2,500), Fifty -Five Cents ($ .55) per square foot for the subject properties. Mr. Harris has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 152 and 156 Orange Street to Mr. Thomas Harris, Jr. in the amount of Two Thousand Five Hundred Dollars ($2,500). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: TEW:JPH:ck Resneg6 /sales TIMOTHY E. WANAMAKER EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING — In - 0 EXECUTIVE SUMMARY January 2, 2007 TO: Timothy E. Wanamaker, Executive Director Office of Strategic Planning i FROM: John P. Hannon, Jr., Director of Real Estate PREPARER PROOFREAD FOR ACCURACY BY: Chris Kasianowicz OSP LOG No.: Assigned Due Date: prior to Thursday, January 4, 2007,2:00 p.m. RE: Council Communication - Results of Negotiations 152 Orange, 100' N Carlton Vacant Lot: 30' x 100' Assessed Valuation: $700. 156 Orange, 130'N Carlton Vacant Lot: 15'x100' Assessed Valuation: $500. 1. Proposal: For the City to sell the above referenced properties to Mr. Thomas Harris, Jr., 278 Carlton Street, Buffalo, New York 14204. 2. Background Information: Mr. Harris owns and resides at 278 Carlton Street, which is adjacent to 152 and 156 Orange and intends to use these vacant lots to construct a garage for parking his vehicle. Analysis of Options • Administrative /Management Issues • Financial /Funding Issues and Sources - No funding is necessary on the City's behalf. 3. Critical Milestones: Filing deadline is Thursday, January 4, 2007 at 2:00 p.m. 4. Recommended Actions: This office recommends the sale of 152 and 156 Orange Street for $2,500. 5. Substantiation of Recommendations: vacant lots in the subject area sell between $ .45 to $ .85 per sq. ft. Majority of sales are in the mid range of value. Negotiated with the purchaser for $2,500, $ .55 per sq. ft. 6. Description of any Attachments: sanborn map showing where the purchaser's property is located and the properties to be purchased. To - IMAM ,.. For: Timothy E. Wanamaker Date Executive Director Comments: Exesum33 a` ✓r. { m� ✓r. i m tm D S/pP OFf I I / I Z 2 W J . -If 00 W Z K Q O �.N. W D I, '*. J ' I OH• � ,+ + rr s r � �r fu ueR£c SCHOOL My EC EM. MMES N�•s�:.3 --x ovl�l4 Kaw,I ' A R K' G. 1 + r r r � +� I 1 1 A X W � ■i ` /1� fiAL e°J 1 A PM 1 + r r r � +� I 1 1 A X W � ■i ` Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 2, 2007 be received and filed; and That the offer from Mr. Thomas Harris, Jr., residing at 278 Carlton Street, in the sum of two thousand and five hundred dollars ($2,500.00) for the purchases of 152 and 156 Orange Street, be and they hereby are accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed PJS:rmv tAwp60\msword\rmvl3c2- 6a.doc *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL smrIH [MAJ - 5] 9 0 2t3 6 3M 7 # 1 (Rev. 1/93) SINGLE PAGE COMMU( kC-4TION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January 2, 2007 FROM: DEPARTMENT: DIVISION PRIOR COUNCIL REFERENCE: Office of Strategic Planning Real Estate SUBJECT: Results of Negotiations 233 Mulberry, 150'S High Vacant Lot: 25' x 100' Assessed Valuation: $800.00 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 233 Mulberry Street from Mrs. Henrietta Davis, 235 Mulberry Street, Buffalo, New York 14204. Mrs. Davis owns and resides at 235 Mulberry Street, which is adjacent to 233 Mulberry Street and intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Thirty Cents ($.30) to Eighty Cents ($ .80), per square foot. The results of our negotiations are that Mrs. Davis has agreed and is prepared to pay One Thousand Dollars ($1,000), Forty Cents ($. 40) per square foot for the subject property. Mrs. Davis has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. am recommending that Your Honorable Body approve the sale of 233 Mulberry Street to Mrs. Henrietta Davis in the amount of One Thousand Dollars ($1,000). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD TEW:JPH:ck ResnegWsales TIMOTHY E. WANAMAKER EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING EXECUTIVE SUMMARY January 2, 2007 TO: Timothy E. Wanamaker, Executive Director Office of Strategic Planning FROM: John P. Hannon, Jr., Director of Real Estate PREPARER PROOFREAD FOR ACCURACY BY: Chris Kasianowicz OSP LOG No.: Assigned Due Date: prior to January 4, 2007, 2:00 p.m. RE: Council Communication - Results of Negotiations 233 Mulbery, 150'S High Lot Size: 25' x 100' 1. Proposal: For the City to sell the above referenced vacant lot to Mrs. Henrietta Davis, 235 Mulberry Street, Buffalo, NY 14204. 2. Background Information: Mrs. Davis owns and resides at 235 Mulberry Street and intends to use the vacant lot for additional green space. • Analysis of Options • Administrative /Management Issues • Financial /Funding Issues and Sources - No funding is necessary on the City's behalf. 3. Critical Milestones: Filing dead line is Thursday, January 4, 2007 before 2:00 p.m. 4. Recommended Actions: This office recommends the sale of 233 Mulberry Street for $1,000. 5. Substantiation of Recommendations: Similar vacant lots in the subject area sell between $ .30 to $ .80 per sq. ft. Majority of sales are in the mid range of value. Negotiated with the purchaser for $1,000, $. 40 per sq. ft. .6. Description of any Attachments: sanborn map showing where the property is located. APPROVED: For: Timothy E. Wanamaker Executive Director Comments: Date Exsum6 �d m P A ( .l C. L ---- — 17U ?A jr4c EA R AN vv RE TH PARA 've L payN HEAL L f Ros 183 iii It .l C. L ---- — 17U ?A jr4c EA R AN vv RE TH PARA 've L payN HEAL L f Ros 183 iii q. tl co yA EdtS by IA%GI copyRiasr sAN80,9N MAP COMPANY. INC LZ ir 61 D I y n r� 0 Aim"IF 7Z:, tl 04 of � -EZZ7 - .2N� A I I 'Ib y. yr Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 2, 2007 be received and filed; and That the offer from Mrs. Henrietta Davia, residing at 235 Mulberry Street, in the sum of one thousand dollars ($1,000.00) for the purchase of 233 Mulberry Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed 0 PJS:rmv t:\wp60\msword\rmv \4 e2 -6a. doe *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * SMITH * [ MAJ - 51 g * 0 [ 2/3 - 6 ] [3/4 -7] t , # 1 (Rev. 2/01) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January 26, 2007 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: SUBJECT: [: Union Ship Canal PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. , C.C.P. ) TEXT: (TYPE SINGLE SPACE BELOW) The City of Buffalo, in conjunction with the County of Erie, proposes to undertake the construction of a new park surrounding the Union Ship Canal, adjacent to Buffalo Lakeside Commerce Park. This project is a major component of the City of Buffalo's Union Ship Canal District Plan adopted by the City in 2002. This special review district was established in order for the City to encourage, support and control the property redevelopment of former industrial lands along the Lake Erie waterfront. Prior to the adoption of this special review district, the Buffalo Common Council, acting as lead agency, completed a Generic Environmental Impact Statement for the entire district area pursuant to SEQRA. The GEIS was approved. As a result of the GEIS, it was determined that redevelopment of the area around the canal into a park, would result in significant beneficial environmental impacts for the City of Buffalo. The City of Buffalo has recently received a $6,000,000 grant in cooperation with Erie County to undertake the remediation of the park. The remediation will include a land cover system, canal sediment cover system, canal wall stabilization, eco restoration and landscaping in support of the remedial design. Prior to beginning construction of the remedial design, the requirements of SEQRA must be met. As Lead Agency for the project, a determination of significance must be made by your Honorable Body after review of Part 1 of the Long Form EAF. Strategic Planning Staff has provided draft versions of Part 2 and a negative declaration for your review and approval. TYPE DEPARTMENT HEAD NAME: Timothy E. Wanamaker TYPE TITLE: Execut' irector SIGNATURE OF DEPARTMENT HEAD: REFERRED TO THE COMMITTEE ON QTY DEVELOPMENT. 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAT is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially - large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: F / Part 1 F Part 2 R Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: EI A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. R B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Union Ship Canal Public Open Space Name of Action City of Buffalo Common Council Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Kent McManus, P.E., BCEE website Date fi Page 1 of 21 t'% PART 1 -- PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action Union Ship Canal Public Open Space Location of Action (include Street Address, Municipality and County) East of Route 5 on the border near the City of Buffalo and Lackawanna Name of Applicant /Sponsor City of Bu ffalo Office of Strategic Planning in Partnership with Erie County Department of E nvironment and Planning Address 95 Franklin Street City/ PO Buffalo Business Telephone 716- 858 -2950 Name of Owner (if different) City of Buffalo Address 920 City Hall 65 Niagara Square Cit PO Buffalo State NY Business Telephone 716- 851 -5054 Descrintion of Action: State NY Zip Code 14202 Zip Code 14202 See Attachment I A- Project Narrative Page 2 of 21 Please Complete Each Question -- Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1 . Present Land Use: Q Urban M Industrial M Commercial FI Residential (suburban) Rural (non -farm) Forest M Agriculture F Other Former Industrial Site /Abandoned Property 2. Total acreage of project area: 30 acres. APPROXIMATE ACREAGE Meadow or Brushland (Non - agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil type(s) on project site? PRESENTLY AFTER COMPLETION 4 acres 6 acres 6 acres 1 1 acres 0 acres 0 acres 0 acres 1 acres 9 acres 9 acres 11 acres 0 acres 0 acres 3 acres 0 acres 0 acres a. Soil drainage: El Well drained % of site Fd Moderately well drained 60 % of site. ®✓ Poorly drained 40 % 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? acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? a Yes E No (estimated) a. What is depth to bedrock 25 -30 (in feet) 5. Approximate percentage of proposed project site with slopes: � 0 -10% 95 % �10- 15% 5 % F-11 5% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? HYes El No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? E] Yes QNo 8. What is the depth of the water table? 3 - 5 (in feet) (wet season measurements) g. Is site located over a primary, principal, or sole source aquifer? Yes FIN o 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? F Yes E] No Page 3 of 21 t°=`"1 11 . Does project site contain any species of plant or animal life that is identified as threatened or endangered? L_JYes [' ]No to: each 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? F]Yes R No Descrihe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? F i ] Yes F1 No yes, explain: Trespassers do use the site for fishing and ATV activities. 14. Does the present site include scenic views known to be important to the community? Yes LiNo Some people may feel that views from either east or west ends of the canal are scenic. 15. Streams within or contiquous to project area: none a. Name of Stream and name of River to which it is tributary 16. b. Size (in acres): Approximately 9 acres of the Canal is within the proposed project site. Lakes, ponds, wetiand areas wtnin or contiguous to project area: Union Ship Canal Page 4 of 21 17. Is the site served by existing public utilities? a Yes F1 No public water, public sewer, electric and gas a. If YES, does sufficient capacity exist to allow connection? Eyes Flo b. If YES, will improvements be necessary to allow connection? 1 0 1 Yes E] No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25 -AA, Section 303 and 304? NYes F-! 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 n . No 20. Has the site ever been used for the disposal of solid or hazardous wastes? 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: _ b. Project acreage to be developed: acres initially; c. Project acreage to remain undeveloped: acres. d. Length of project, in miles: n/a (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed F F No Sec attachments IA for a description of the history of the site. 30 acres. Entire 30 acres site to be developed as acres ultimately. park/open space. n/a % f. Number of off - street parking spaces existing 0 ; proposed 80 g. Maximum vehicular trips generated per hour: 55 (upon completion of project)? Based on assumed parking availability h. If residential: Number and type of housing units: One Family Two Family Initially None None Multiple Family Condominium None None Ultimately None None None None i. Dimensions (in feet) of largest proposed structure: n/a height; n/a width; n/a length. Approximate site frontage along (route j. Linear feet of frontage along a public thoroughfare project will occupy is? Ann. 300 ft. 5 )(western portion of the site) 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? 0 tons /cubic yards. 3. Will disturbed areas be reclaimed RN Yes RNo RN /A a. If yes, for what intended purpose is the site being reclaimed? Proposed site will serve as an open public space ( "parks "). b. Will topsoil be stockpiled for reclamation? R Yes RN c. Will upper subsoil be stockpiled for reclamation? E] Yes R No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? Approx. 7 -10 acres of vegetation to be added. 0 acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally - important vegetation be removed by this project? D Yes F No 6. If single phase project: Anticipated period of construction: 18 months, (including demolition) 7. If multi - phased: a. Total number of phases anticipated 2 (number) b. Anticipated date of commencement phase 1: March month 2007 year, (including demolition) c. Approximate completion date of final phase: March month 2008 year. d. Is phase 1 functionally dependent on subsequent phases? El Yes Fw_1 No 8. Will blasting occur during construction? F] Yes El No 9. Number of jobs generated: during construction 10 ; after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? 0 Yes Fm—] No if yes, explain: N/A 12. Is surface liquid waste disposal involved? E] Yes M E No a. If yes, indicate type of waste (sewage, industrial, etc) and amount N/A b. Name of water body into which effluent will be discharged N/A 13. Is subsurface liquid waste disposal involved? M Yes M No Type N/A p 14. Will surface area of an existing water body increase or decrease by proposal? M Yes M No If yes, explain: The project will result in an increase of surface area of the Canal by approximately 1 acre, which will include the development of an embayment area along the northeast side of the existing canal. See attachments I and 1D for additional details. 15. Is project or any portion of project located in a 100 year flood plain? FFIYes E]No 16. Will the project generate solid waste? F1 Yes M No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? EJ Yes 0 No c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? FYes F No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? F li ] Yes FNo Waste bricks, tires, raailroad ties, and roofing materials a. If yes, what is the anticipated rate of disposal? 2,000 tons /month, tons /total will be disposed of during the project prior to the installation of the land cover system. b. If yes, what is the anticipated site life? N/A years. 18. Will project use herbicides or pesticides? FYes I- 111 No 19. Will project routinely produce odors (more than one hour per day)? a Yes FM1 No 20. Will project produce operating noise exceeding the local ambient noise levels? R Yes I—M] No 21. Will project result in an increase in energy use? E] Yes 'N No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity N/A gallons /minute. 23. Total anticipated water usage per day 0 gallons /day. 24. Does project involve Local, State or Federal funding? F Yes F No If yes, explain: i Projected Funding sources: NYSDEC's environmental restoration program $6,030,000 NYSDOT's Transportation Enhancement Program $ 1,400,000 Erie County $700,000 Page 7 of 21 25. Approvals Required: Type Submittal Date City, Town, village Board ❑Yes � No City of Buffalo Common © TBD Council City, Town, Village Planning Board E] Yes Q No City, Town Zoning Board E] Yes E No City, County Health Department E] Yes E No Other Local Agencies Yes E No Eric County Legislature- approval of fundins4 Other Regional Agencies Fl Yes FM] No M Yes El No NYSDOT approval of funding TBD State Agencies NYSDEC- BRP approval TBD NYSDEC -SWPP approval TBD Federal Agencies F Yes • No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? MYes El No If Yes, indicate decision required: M Zoning amendment E! Zoning variance F New /revision of master plan Subdivision E] Site plan M Special use permit M Resource management plan Other Page 8 of 21 2. What is the zoninq classification(s) of the site? Open Space /Recreation 3 4. What is the proposed zoninq of the site! NA 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? Proposed Park Development 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? m Yes R No 7. What are the predominant land use(s) and zoning ciassrncatuons witnin a rune rauiva vi NiuNvaeu aULIU Office and light industrial zoning - 60 acres immediately adjacent to the proposed park site to the north, east and south Manufacturing and light industrial - 160 acres to the north, east and south east of the proposed park site. ✓hat is the maximum potential development of the site if developed as permitted by the present zoning? Proposed Park Development 8. Is the proposed action compatible with adjoining /surrounding land uses with a mile? [ Yes F No 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? N/A Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? Yes No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? R M Yes R No a. If yes, is existing capacity sufficient to handle projected demand? R Yes R No 12. Will the proposed action result in the generation of traffic significantly above present levels? E] Yes [i] No a. If yes, is the existing road network adequate to handle the additional traffic. OYes 1:1 No D. Informational Details -See Attachmcnts IA, B, ICand ID. Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification certify that the information provided above is true to the best of my knowledge. Applicant /Sponsor Name Signature Title Date If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 ' PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) ! In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and /or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. r The number of examples per question does not indicate the importance of each question. I In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. C. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change I Impact on Land 1. Will the Proposed Action result in a physical change to the project site? NO O YES rm-1 positive impact- See comments below. Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot El El 17 Yes M No rise per 100 foot of length), or where the general slopes in the project area exceed 10 %. Construction on land where the depth to the water table 17 M M Yes 17 No is less than 3 feet. Construction of paved parking area for 1,000 or more ❑ Yes f7 No vehicles. Construction on land where bedrock is exposed or El F Yes FNo _ generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or Yes 1:1 No involve more than one phase or stage. Excavation for mining purposes that would remove ❑ F Yes E] No more than 1,000 tons of natural material (i.e., rock or soil) per year. Pacie 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 'he Proposed Action will have a positive impact on the site's land, which will include the installation of a land cover Construction or expansion of a santary landfill. M r7 ❑Yes [:]No Construction in a designated floodway. 0 OYes ONo Other impacts: ❑Yes [] No I . system to m itigate the migration of the site's soil contaminates to the environment. ::� , e w y , i- _ 2, Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) FD NO F] YES Specific land forms: Q r7Yes MNo Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) 0 NO YES Positive impact- See o n comments below. Examples that would apply to column 2 Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body. Construction in a designated freshwater or tidal wetland. Other impacts: F1 0 ❑ Yes F No M 0 17 Yes FiNo F ❑ 17 Yes 17 No El ri Yes F No In 0Yes 11 No 'he Proposed Action will have a positive impact on the site's water quality, in that it will include construction of a shallow fish habitat, numerous rtif —W reefs, and emergent and submergent planting areas to support different types of aquatic plants and wildlife. 4. Will Proposed Action affect any non - protected existing or new body of water? MNO FIYES Examples that would apply to column 2 A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: El Yes F No y F Yes F No 11 1 17Yes 17 No Pane 12 of 21 5. Will Proposed Action affect surface or groundwater quality or quantity? Positive impact -see comment below. 17 NO Ei YES Examples that would apply to column 2 Proposed Action will require a discharge permit. Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed Action requires water supply from wells with greater ' than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed Action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. ' Proposed Action would use water in excess of 20,000 gallons per day. Proposed Action will likely cause siltation or other discharge into ' an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed Action will require the storage of petroleum or ' chemical products greater than 1,100 gallons. Proposed Action will allow residential uses in areas without ' water and /or sewer services. Proposed Action locates commercial and /or industrial uses which may require new or expansion of existing waste treatment and /or storage facilities. Other impacts: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change The Proposed Action will have a positive impact on surface water quality, which includes appropriate remedial measures (i.e. Land Cover System) to mitigate the migration of soil contaminants into the canal's waters. The project includes construction of new aquatic and riparian habitats to support different types o aquatic plants and wildlife. 5 �,t ill Paae 13 of 21 a Yes E] No F1 F F Yes ❑ No F r7 Yes 0 No Yes D No F Yes ❑ No F F Yes F No F F] Yes r No Yes No D Yes No El M Yes No E F FYes F No The Proposed Action will have a positive impact on surface water quality, which includes appropriate remedial measures (i.e. Land Cover System) to mitigate the migration of soil contaminants into the canal's waters. The project includes construction of new aquatic and riparian habitats to support different types o aquatic plants and wildlife. 5 �,t ill Paae 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change ' 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? F NO Fm Positive impact - See comments below. Examples that would apply to column 2 • Proposed Action would change flood water flows ' Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. • Proposed Action will allow development in a designated floodway. r)thar imparts- E Yes E] No Fhe Proposed Action will substantially reduce the quantities of stormwater runoff and erosion currently experienced at the site. The 'roposed Action includes pro IMPACT ON AIR D E]Yes FNo El El FYes FNo El El FYes FNo 11 F 0 Yes FNo E Yes E] No Fhe Proposed Action will substantially reduce the quantities of stormwater runoff and erosion currently experienced at the site. The 'roposed Action includes pro IMPACT ON AIR 7. Will Proposed Action affect air quality? E] NO [E YES Positive Impact - Vegetating Site will reduce dust generation Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any El DYes F No given hour. • Proposed Action will result in the incineration of more than 1 ton Yes E] No of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour El El []Yes F No or a heat source producing more than 10 million BTU's per hour. Proposed Action will allow an increase in the amount of land DYes E] No committed to industrial use. • Proposed Action will allow an increase in the density of E� El Yes FNo industrial development within existing industrial areas. • Other impacts: Yes EI No rte - � l u Olt- C - k Gl C- V IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? IeN ' NO YES Positive impact - See comments below. Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site, or found on the site. 1 2 3 Small to Potential Can Impact Be ' Moderate Large Mitigated by Impact Impact Project Change Removal of any portion of a critical or significant wildlife habitat. ❑ F Yes C No ' Application of pesticide or herbicide more than twice a year, ❑ Q C Yes F No other than for agricultural purposes. ' Other impacts: Q 0 Yes ❑ No 9'. Will Proposed Action substantially affect non- threatened or non - endangered species? NO ® YES Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. Other impacts: The proposed Action will have a positive impact on plants and animals, in that it will include the construction of new aquatic, riparian, and upland habitats to support different types of plants and wildlife. 5-,ZA2— t 1 \ IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? F NO F YES Examples that would apply to column 2 The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. Q El FYes 0 No F E El Yes ❑ No Q El F Yes 11 No F E 0 Yes El No 0 D F Yes a No Paoe 15 of 21 ' IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use ' the Visual EAF Addendum in Section 617.20, Appendix B.) El NO n Positive impact -See comments Examples that would apply to column 2 Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man -made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or - significant screening of scenic views known to be important to the area. Other impacts: F ❑ MYes r7No �v - • The proposed site design will have positive impacts on aesthetic resources, incorporating additional habitat opportunities and proving aesthetic enhancements, including removal of debris from unauthorized dumping. j _I TF IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? M NO M YES Examples that would apply to column 2 Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. M Yes [] No Yes 1 2 3 11 Yes 0 No Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change ' The Proposed Action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain Yes 17 No lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to ' increased runoff). Other impacts: ❑ F] Yes ❑ No ' IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use ' the Visual EAF Addendum in Section 617.20, Appendix B.) El NO n Positive impact -See comments Examples that would apply to column 2 Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man -made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or - significant screening of scenic views known to be important to the area. Other impacts: F ❑ MYes r7No �v - • The proposed site design will have positive impacts on aesthetic resources, incorporating additional habitat opportunities and proving aesthetic enhancements, including removal of debris from unauthorized dumping. j _I TF IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? M NO M YES Examples that would apply to column 2 Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. M Yes [] No Yes 7 No El 11 Yes 0 No Pano i R of 91 i Other impacts: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change El El E] Yes 1:1 No See Attachment lE for description of State Historic Preservation Office involvement r IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? r NO E YES positive impacts - See comments below. ' Examples that would apply to column 2 The permanent foreclosure of a future recreational opportunity. F E] Yes r No A major reduction of an open space important to the community. F ❑ Yes 0 No ' Other impacts: ❑ E] Yes 11 No The Proposed Action will have a positive impact on open space and recreation resources by creating 20 acres of new public open space, which will include recreational, animal and plant habitats, and aesthetic improvements. --7- IMPACT ON CRffICAL ENVIRONMENTAL AREAS 1 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(8 )? M i NO MYES See comments below. List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 Proposed Action to locate within the CEA? El r Yes r No Proposed Action will result in a reduction in the quantity of the F M Yes ❑ No resource? Proposed Action will result in a reduction in the quality of the M El 0 Yes E]No resource? Proposed Action will impact the use, function or enjoyment of the ❑ ❑ M Yes r No resource? _ Other impacts: OYes ❑No The proposed action will result in the increase in the quantity, quality, function, and recreational enjoyment of the existing property. Paoe 17 of 21 e IMPACT ON TRANSPORTATION t 15. Will there be an effect to existing transportation systems? M NO YES ' Examples that would apply to column 2 Alteration of present patterns of movement of people and /or goods. Proposed Action will result in major traffic problems. ' Other impacts: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change El 0 r7 Yes Q No The proposed action will result in less than 5 additional vehicle trips per hour. The impact on the existing transportation infrastructure is expected to be negligible. - �� / � s - 7`"� � t.�- "�`L- .5 u.� r (/�.- l2�- .� '_ T�� fi���� G-_v Lam' L /WL�u 'l Z `1 .. G.:� -r-/� �u!? /tt�IGLV+� 1�� ✓Gt'� IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or Yes No D Yes D No The proposed action will result in less than 5 additional vehicle trips per hour. The impact on the existing transportation infrastructure is expected to be negligible. - �� / � s - 7`"� � t.�- "�`L- .5 u.� r (/�.- l2�- .� '_ T�� fi���� G-_v Lam' L /WL�u 'l Z `1 .. G.:� -r-/� �u!? /tt�IGLV+� 1�� ✓Gt'� IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or F Yes M No ' energy supply? F DYes FINo MNO IVI YES ' Examples that 2 would apply to column f7 M El n Proposed Action will cause a greater than 5% increase in the Yes No ' use of any form of energy in the municipality. Proposed Action will require the creation or extension of an 0 Yes FJ No energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial ' or industrial use. Other imp acts: Yes [I No G .. �7 i ` 1 i GI /' G of c r �� 11 L NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? M NO MYES ' Examples that would apply to column 2 Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed Action will remove natural barriers that would act as a noise screen. �v�_ S � � � - �� t 6t�` !�� <- �''•�v`� C.L' , . ,p 2 Y"� /�C•�,e -05 � �� �L�G% CGwv`GtrL. 57 �i iGv7 fi R S ��z- - T��1c�p`rr1 S Gc rt? ��r� / '� / <CQ j� 7`4_z �l5 2 FiYes rNo Other impacts: 1:1 9 E]Yes E] No � �GL -vi �5 � GZt/'✓ / Gc C� /, (.�.-- ,/,7 G-� _ j � ✓! � L+-�9 .�' , Cr�� ct. S.a�?STi T, z,2;fu / a�� 1P..`/>r,�z F Yes M No D Yes ❑ No _ F DYes FINo FiYes rNo Other impacts: 1:1 9 E]Yes E] No � �GL -vi �5 � GZt/'✓ / Gc C� /, (.�.-- ,/,7 G-� _ j � ✓! � L+-�9 .�' , Cr�� ct. S.a�?STi T, z,2;fu / a�� 1P..`/>r,�z n ' IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? F1 NO EYES Positive impact - See comments below. Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) ' Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. ' Proposed Action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. ' Other impacts: 1 2 3 Small to Potential Can Impact Be Moderate. Large Mitigated by Impact Impact Project Change F7 M MYes rNo M 17 MYes E]No M MYes 0No The Proposed Action will have positive impacts on public health, which includes appropriate remedial measures to eliminate or mitigate the environmental threats to human health and the environment that are associated with the contaminated soils, surface soils, surface waters, and sediments on the site. .S .fie_ Pa --�— �^ , IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD ' 19. Will Proposed Action affect the character of the existing community? NO El YES Positive impact - See comments below. ' Examples that would apply to column 2 The permanent population of the city, town or village in which the project is located is likely to grow by more than 5 %. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed Action will conflict with officially adopted plans or goals. ' Proposed Action will cause a change in the density of land use. Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) r El FYes ONo F F FYes FNo 0 YeS rNo El FYes FNo F M FYes rNo Yes 11 No Paqe 19 of 21 If Any Action in Part 2 Is Identified as a Potential Large Impact or if you Cannot Determine the Magnitude of ' Impact, Proceed to Part 3 Paoe 20 of 21 1 Small to 2 Potential 3 Can Impact Be ' Moderate Large Mitigated by Impact Impact Project Change ' Proposed Action will set an important precedent for future projects. M Yes No Proposed Action will reate r eliminate employment. Yes No ' Other impacts: � El E] Yes E] No ' The Proposed Action will have a significant impact on the character of the local communities and neighborhoods surrounding the immediate area of the site, in that it will incorporate recreational, water quality, habitat and aesthetic improvements. 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? r7-NO rYES If Any Action in Part 2 Is Identified as a Potential Large Impact or if you Cannot Determine the Magnitude of ' Impact, Proceed to Part 3 Paoe 20 of 21 Environmental Assessment form Part III Union Ship Canal Park Development #1 Impact on Land The project will have the following significant beneficial impacts on this component of the environment: a. The potential effect of contaminated soils on the site will be mitigated by the implementation of a remedial site work plan which will include the actions listed below: • surface debris will be removed, the site re- graded to required elevations, a demarcation layer placed over the site and covered with a minimum of two feet of clean soil for redevelopment of the property into a recreational open space. In general, the Land Cover System will consist of 18 inches of clean fill material and 6 inches of topsoil. The site will be graded to support the Park concept plan; • Soil and fill found on top of the large concrete pads located on the south side of the canal will either be covered in place with clean soils or used as subgrade fill in other parts of the site. The soil and fill materials on the concrete pad will be consolidated prior to placement of cover material. The soil and fill material will not be removed from the site; • A small berm will be constructed around the perimeter of the parcel, as necessary, to prevent run -off from adjacent land. b. Construction of a new park with approximately 22 acres that is deliniated by a 200 foot set back from the Union Ship Canal bulkheads. No further mitigation is proposed. # 5 Surface or Ground Water The project will have the following major beneficial impacts: a. Implementation of the land cover system described in #1 above which also includes: Page 2 • Drainage of the concrete pads requiring core drilling drainage holes and cutting in drainage troughs; • Areas of the concrete pad left exposed as part of the Park development (i.e., parking lots) will be pressure washed to remove residual contamination; • Some areas of the concrete pad will receive 6 inches of topsoil in lieu of pressure washing; • Recreational trail, interpretive walkway, and nature trail materials (e.g., asphalt, crushed concrete, crushed stone) will replace topsoil, seeding and mulching requirement as necessary. b. Implementation of a Canal Sediment Cover System involving: • Placement of 2 feet of clean gravel or stone placed over geotextile in order to insure complete coverage, minimize the potential for contaminated sediment to migrate through the cover layer, and to provide sufficient clean substrate for habitat; • Placement of the Cover System through the water. No dewatering of the Canal will be preformed; • Only canal sediments east of the Route 5 Bridge will be covered; • Construction of an underwater berm at the west end of the canal to reduce potential for migration of contaminated sediments from the western portions of the Canal into the remediated portion of the Canal. c. Implementation of Canal Wall Stabilization work: The walls of the Union Ship Canal will be secured with the construction of an underwater berm along the base of those sections at risk of collapse. The canal wall stabilization berm will be constructed primarily of stone and rock with the upper most layers consisting of 6 inches of sand to support vegetative growth; Repairs to canal's walls and the construction of the sand berm will be preceded by the removal of large debris, such as submerged automobiles, from the bottom of the canal. Page 3 The stabilization described above will serve as a containment system for the land side soil /fill and will serve to mitigate the potential for structural failure of the wall, and release of contaminated soil /fill into the canal. Additionally, it will protect the investment in the land side cover system. Further mitigation is not required. # 9 Non - Threatened or Endangered Species The project will have the following significant beneficial impacts on this component of the environment: a. The new park will be extensively planted with new trees and shrubbery restoring some of the native wild life habitat of the area; b. In addition to the work in the canal described in #5 above, an Eco- Restoration Plan will be implemented. This will include installation of: eight artificial reef groupings, four benthic substrate enhancement areas, a shallow -water fish habitat (on top of the stabilization berm), submerged and emergent wetland plantings, two submerged islands, and an inland embayment area. #11 Aesthetic Resources The aesthetic qualities of the area will be substantially improved due to: the removal of surface debris; the termination of unauthorized dumping; extensive landscaping and planting work; and extensive eco- restoration work; the construction of an approximately 22 acre park with substantial recreational amenities on a former industrial site; and remediation work to the soils, water and canal walls. No further mitigation is recommended. Page 4 # 13 Open Space and Recreation The impacts on this component are all substantially beneficial. The project will create a new approximately 22 acre park on vacant, former industrial land, on the City's waterfront, and provide new passive and active recreational opportunities for area residents. The new park construction will include: play and picnic areas on the north side of the canal; an extensive system of recreational trails, interpretive walkways and nature trails; a park maintenance building with restrooms and concession stand on the southern side of the canal; three parking areas for approximately 100 vehicles; floating docks and cantilevered platforms on the canal bulkheads; access roads; a pedestrian bridge over the canal; and the provision of Eco- Restoration work. The project also involves: extensive plantings of new trees and shrubbery throughout the site; the installation of signage, park furnishings, lighting and fencing; and the possible future construction of a one story hobby /restaurant building, an outdoor entertainment area, and an industrial history interpretive area. No further mitigation is proposed. # 14 Public Health The project will have a substantial beneficial impact on this component. The potential effects of contaminants on the site will be minimized with the implementation of a "Remedial Site Work Plan ". For a full discussion of this section refer to the "Record of Decision (ROD)" issued by the New York State Department of Environmental Conservation (DEC) for the proposed project and contained in the project environment review file. State Environmental Quality Review (SEQR) Full Environmental Assessment Form (EAF) Attachment IA — Project Narrative Im UNION SHIP CANAL PUBLIC OPEN SPACE PROJECT NARRATIVE BACKGROUND The planned Union Ship Canal Public Open Space ( "Park ") site encompasses the canal and approximately 22 acres that is delineated by an approximate 200 -foot setback from the Union Ship Canal bulkheads and is part of the Buffalo Lakeside Community Park (BLCP) located in the City of Buffalo adjacent to the City of Lackawanna municipal boundary line. The site is referred to as Parcel 3 of the BLCP. The historical disposal of fill materials (e.g., slags, cinders, demolition debris, and dredged sediments) in a once marshy area, and the subsequent operations of an iron smelting facility have resulted in the disposal of hazardous substances, including heavy metals and semi - volatile organic compounds. These hazardous substances have contaminated the soils and groundwater at the site. The New York State Department of Environmental Conservation NYSDEC) has issued a Record of Decision (ROD) for the site that proposed a soil cover system, a canal sediment cover system, canal wall stabilization, eco- restoration, and park development as remedy for the site. The ROD is based on the results of the Site Investigation conducted between June 2001 and March 2003 and recommendations presented in the "Site Investigation and Remedial Alternatives Report" (URS Corporation, June 2003). This proposal includes Tpropriate remedial measures b eliminate or mitigate the environmental threats to human health and the environment that are associated with the impacts of contaminants to the soils, surface water, and sediments of the site. Details of the anticipated site remedial approach and work activities are discussed below. The Park site is considered part of the new Buffalo Lakeside Commerce Park (BLCP), an industrial park being developed by the Buffalo Urban Development Corporation (BUDC) and Erie County Industrial Development Agency (ECIDA). An Urban Renewal Plan and Generic Environmental Impact Statement (Ecology and Environment, Inc., January 2002) were completed and approved for the entire Union Ship Canal /Buffalo Lakeside Commerce Park area, including the proposed Park in January 2002. A copy of the executive summary from the Final Generic Environmental Impact Statement (FGEIS) is included as Attachment 1B. The proposed remediation and development of the Park are consistent with these documents. A survey of the site's existing topography and boundaries is presented as Attachment 1C. 0291617 im PROJECT OBJECTIVES The Erie County Department of Environment and Planning (ECDEP) and City of Buffalo Office of Strategic Planning (OSP) are leading the effort to achieve the following objectives for the site: Meet the cleanup objectives established in the Remedial Plan for the Site. The design and construction of a quality park that achieves the goals of the City and County as well as the local community. A finished project that is fully compliant with all regulatory requirements and begins the restoration of the local ecological community. DESCRIPTION OF REMEDIAL SITE WORK AND PARK CONSTRUCTION The proposed remedial and park development work are based on the results of the Site Investigation conducted between June 2001 and March 2003 and recommendations presented in the "Site Investigation and Remedial Alternatives Report" (URS Corporation, June 2003), the ROD issued by the NYSDEC, and extensive concept design meetings. The following remedy will allow for passive recreational use of the Park: Land Cover System: • Surface debris will be removed, the site re- graded to required elevations, a demarcation layer placed over the site and covered with a minimum of two feet of clean soil for redevelopment of the property into a recreational open space. In general, the Land Cover System will consist of 18 inches of clean fill material and 6 'inches of topsoil. The site will be graded to support the Park concept plan (see Attachment 1D). • Soil and fill found on top of the large concrete pads located on the south side of the canal will either be covered in place with clean soils or used as subgrade fill in other parts of the site. The soil and fill materials on the concrete pad will be consolidated prior to placement of cover material. The soil and fill material will not be removed from the site. • A small berm will be constructed at the perimeter of the parcel as necessary to prevent run on from adjacent parcels. • Preliminary calculations indicate that the soil /fill excavated to create the embayment area is not required to create the anticipated grading plan on the concrete pad. There is sufficient soil /fill on the concrete pad to create the desired grading plan. Disposal of the embayment soil /fill off -site would be more expensive than placing and capping it on the concrete pad. Accordingly, this material will remain on site and will be capped. 0291617 EM I 1 • Drainage of the concrete pad will require core drilling drainage holes and cutting in drainage troughs. • Areas of the concrete pad left exposed as part of the Park development (i.e., parking lots) will be pressure washed to remove residual contamination. • Due to the cost of handling /treating the water generated during pressure washing relative to the cost of topsoil and seeding, we have assumed that some areas of the concrete pad will receive 6- inches of topsoil in lieu of pressure washing. • Recreational trail, interpretive walkway, and nature trail materials (e.g., asphalt, crushed concrete, crushed stone) will be suitable replacements for topsoil, seeding, and mulching. Canal Sediment Cover System: • Placement of gravel/stone through the water column will be difficult to control due to various factors including the irregular sediment surface, differential settlement and placement methodologies. Therefore, we have assumed that the Canal Cover System will consist of 2 feet of clean gravel or stone placed over a geotextile in order to insure complete coverage, minimize the potential for contaminated sediment to migrate through the cover layer and to provide sufficient clean substrate for habitat. • The Canal Sediment Cover System will be placed through the water. No dewatering of the Canal will be performed. • Only canal sediments east of the Route 5 Bridge will be covered. • A underwater berm will be placed at the west end of the canal to reduce potential for migration of contaminated sediments from the western portions of the Canal into the remediated portion of the Canal. Canal Wall Stabilization: • The walls of the Union Ship Canal will be secured with the construction of an underwater berm along the base of those sections at risk of collapse. The canal wall stabilization berm will be constructed primarily of stone and rock with the upper most layer consisting of 6 inches of sand to support vegetative growth. • Repairs to the canal's walls and the construction of the sand berm will be preceded by the removal of larger debris, such as submerged automobiles, from the bottom of the canal. • Canal wall stabilization will serve as a containment system for the land side soil /fill and will serve to mitigate the potential for structural failure of the wall and release of 0291617 IM contaminated soil/fill into the canal. Additionally, it will protect the investment in the land side cover system. Eco- Restoration: • Eco- Restoration will include eight artificial reef groupings, four benthic substrate enhancement areas, shallow -water fish habitat (on top of stabilization berm), submerged and emergent wetland plantings, two submerged islands, and an inland embayment area. Park: • The Park will be constructed in multiple phases, with the first phase focusing on utility /drainage and landscaping aspects of the Park design in support of the remedial program. PARK DESIGN APPROACH Attachment 1D represents the proposed design of the Union Ship Canal Public Open Space with cross - sections of the concrete pad area shown on the accompanying figure. For the purpose of this Project Narrative, we have listed below just a few preliminary ideas or concepts for the Park design: The long stretch of canal bulkhead will be interrupted by periodic cantilevered platforms and floating dock that will be used as extension of the upland areas for fishing or vantage points to enjoy the views. Waterside improvement will impact upland park design such as the introduction of floating docks to accommodate transient boaters (car top units such as kayaks and canoes). A maintenance building will be constructed to facilitate maintenance of the Park. A creative and efficient building design will keep building costs within reason. The Open Space will be large enough to incorporate a variety of passive recreational activities. In addition to the usual picnicking, fishing, sunning, hiking, etc. activities, the Open Space will also have a space for the not-so-usual, including accommodations for hobbyist to gather and demonstrate their passion, such as radio controlled or miniature boat cruising in the canal or radio controlled cars on the uplands. Perhaps one of the most important concepts will be eco-restoration. Eco-restoration concepts will include cosigns that whance riparian /edge -of -water and upland habitats. Abulkhead stabilization berm will be constructed to support emergent and submergent vegetation plantings and provide an array of water depths to support different types of plants and wildlife. Habitat requirements have been determined for the local/ preferred fish and wildlife species to achieve optimal habitat to support these species. 0291617 RNN E3 Upland area design features will incorporate additional habitat cpportunities and aesthetic enhancements. Consideration will also be given to saturated (non- aquatic) scrubs or forested areas around the periphery of the Park This approach will provide valuable habitat diversity, water quality improvements, and aesthetic enhancements. POST CONSTRUCTION MANAGEMENT At a minimum, post construction management of the Park is anticipated to include the following: A site management plan will be developed and implemented to address residual contaminated soils that may be excavated from the site during future redevelopment, requiring soil characterization, and where applicable, disposal /reuse in accordance with NYSDEC regulations. The plan will also identify any use restrictions (e.g., use of groundwater). The property owner will be required to provide an annual certification that the institutional and engineering controls put in place are unchanged from the previous certification and that nothing has occurred that would impair the ability of the controls to protect public health or the environment. An institutional control in the form of an environmental easement will be imposed that would require compliance with the approved site management plan, limit the use and development of the property to passive recreational uses only, and restrict the use of groundwater as a source of potable or process water, without necessary water quality treatment as determined by the Erie County Health Department, and require the property owner to complete and submit to the NYSDEC an annual certification. 0291617 State Environmental Quality Review (SEAR) Full Environmental Assessment Form (EAF) .Attachment 1B - Final Generic Environmental Impact Statement (FGEIS) for the Development of the Union Ship Canal District: Executive Summary i i_.j i i i i i i i i i i i i i i u Final Generic Environmental Impact Statement for the Development of the Union Ship Canal District January 2002 RECEIVED JAN 2 9 2001 Lead Agency; CITY OF BUFFALO COMMON COUNCIL Room 1301 City Hall Buffalo, New York 14202 Prepared by: ECOLOGY AND ENVIRONMENT, INC. 368 Pleasant View Drive Lancaster, New York 14086 02002 Ecology and Environment, Inc. I OD eco oav and environment, ine. international Specialists in the Environment BUFFALO CORPORATE CENTER 368 Pleasant View drive, Lancaster, Now York 14086 Tel: 716/684 -8060, Fax: 716/684 -0844 i i i i i i i i i i i i oz- oo�zas_�nor_QZ -saaso F2 US_FGM,doc- 01 117102 Executive Summary Description of Proposed Action The Common Council for the City of Buffalo is being asked by the project applicant, Development Downtown, Inc., (DDI) to adopt a modification to the City's Zoning Ordinance that will establish the Union Ship Canal District and encourage controlled development of former industrial and railroad lands. The proposed Union Ship Canal District includes approximately 275 acres and is located along the Lake Erie waterfront in South Buffalo. Approximately 114 acres of the proposed district will be transferred to DDI, the City's economic development agency. Development of the 114 acres would be the initial phase for development within the district in accordance with the proposed zoning ordinance modifi- cation. The area proposed as the Union Ship Canal District is located along the Lake Erie waterfront in South Buffalo; it is roughly bounded by Tifft Street to the north, the Seneca Rail Yard to the east, the city line of Buffalo and Lackawanna to the south, and New York State (NYS) Route 5 to the west. The proposed Union Ship Canal District is centered around the Union Ship Canal, which flows under NYS Route 5 and Fuhrmann Boulevard and connects to Lake Erie. A railroad line, owned by CSX Corporation, extends from the Seneca Rail Yard parallel and north of the Union Ship Canal. The City of Buffalo acquired 114 acres of land south of the railroad when its previous owners declared bankruptcy and abandoned the property. Approximately 161 acres of vacant industrial land remain in private ownership, including wetland areas along the south side of Tifft Street. The purpose and need for the proposed action is to encourage eco- nomic development in the City of Buffalo through the use of for- mer industrial lands, known as "brownfields." It is critical for the City to successfully develop sites such as the Union Ship Canal. Revising the zoning classifications for this area will be a critical C-3 " „ tn ,,, ftw- C. GETS Text Revised to Address Comments Executive Summary first step in revitalizing these portions of the City, encouraging job growth and retention in the City of Buffalo, and returning (i.e., re- cycling) these lands back into productive use (although at a less intense and obtrusive use). In a more regional perspective, devel- opment of the Union Ship Canal District will counteract the grow- ing trend of office and light industrial uses migrating to greenfield sites in the suburbs, and as such will serve to limit urban sprawl. The Draft Generic Environmental Impact Statement (DGEiS) ad- dressed the potential environmental impacts associated with the implementation of the rezoning, land transfer, and development of the project area. It was prepared in accordance with the State Envi- ronmental Quality Review Act (SEQR) requirements, established by Article 8 of the New York State Environmental Conservation Law (ECL) and implemented by the New York Code of Rules and Regulations ( NYCRR), 6 NYCRR Part 617, and the Charter and Code of the City of Buffalo, Part H General Legislation, Chapter 168 (hereafter referred to as CERO.). SEQR/CERO requires a systematic, interdisciplinary approach to environmental review to allow for possible modifications to the proposed action to mitigate /avoid impacts on the environment. As lead agency, the City of Buffalo Common Council has taken all formal actions implementing SEQRICERO, including the follow- ing: formal establishment of lead agency, making a positive decla- ration that a draft GETS is required, and accepting the draft GETS. Future actions under SEQR/CERO will include the acceptance of the final GEIS and subsequent Findings Statement. This FGEIS res2grids to 2ublic re 'ew through the elabontion f existing DG text an the 'nc . n n tion, where necessary and availW _phis FGEIS incorporates the July 2001 DGEIS and identifies the existing environmental condi- tions within the project area, analyzes and discusses potential proj- ect impacts, identifies appropriate mitigation that will be under- taken to avoid or reduce potential adverse impacts, and identifies beneficial impacts associated with the proposed action. Environmental Setting The area proposed as the Union Ship Canal District is located along the Lake Erie waterfront in South Buffalo. It is roughly bounded by Tifft Street to the north, the Seneca Rail Yard to the east, the city line of Buffalo and Lackawanna to the south, and NYS Route 5 to the west. The area currently consists of vacant industrial land, a rail corridor, the Union Ship Canal, and wetland areas. The site is currently zoned M -3 for heavy industrial use. 02001245_DDOI- 0260830 C4 R_L1S_MELS,WC -0 1117102 n I J i i G n and ra�� C. GETS Text Revised to Address Comments ' Executive Summary The proposed Union Ship Canal District is located at the southwest edge of the South Buffalo Planning Community, adjacent to the Buffalo River Planning Community. While South Buffalo is largely a residential district, the Buffalo River Planning Commu- nity is identified with the industrial uses along the Buffalo River and extending south to Tifft Street along the Lake Erie waterfront. Much of the land use surrounding the proposed Union Ship Canal District (within the City of Buffalo) is vacant and industrial. The railroad corridor and vacant industrial land extends east to Hopkins Street, which has a mix of primarily residential and commercial land uses. South of the proposed district in the City of Lackawanna is the 42 -acre New Village Industrial Park. South Park is located southeast of the site, east of the railroad corridor. Land uses west of NYS Route 5 are industrial and vacant to the 1 Lake Erie shoreline. North of the proposed district, across Tifft Street, is recreational land use, including the George J. Hartman Playfzeld and Tifft Farm Nature Preserve, which was developed from a former industrial site. The proposed Union Ship Canal District is located within the state's established coastal zone boundary. The City of Buffalo is currently developing its Local Waterfront Revitalization Plan (LWRP), which is expected to be adopted within the year. In ad- dition to being located within the boundary of the state's coastal zone boundary, the Union Ship Canal area is also located within the Buffalo Coastal Special Review District (BCSRD) established by Chapter 511, Article XVI, Section 511 -67 of the City of Buffalo Zoning Ordinance, which controls development in coastal areas. Section 3.1 provides details of how the proposed development will t address the coastal zone management policies applicable to the Union Ship Canal District. The project area does not contain known prehistoric archaeological sites. The site has been significantly disturbed by prior industrial activities. The ground disturbance is evidenced by the presence of enormous spoil heaps and push piles within the bounds of the for- mer Shenango, Inc., mold plant and Hanna Furnace property. Some of these above -grade debris piles are 15 feet high. Corre- spondence received from SHPO dated,May 14, 2001, indicates that the Union Ship Canal slip is eligible for the National Register of Historic Places (NRHP). On June 4, 2041, correspondence from the OPRHP indicated that the Hanna Furnace remains may be N eligible. Discussions with SHPO that took place through- out the course of the public review period indicated that additional historical documentation of the Hanna Furnace ry is neces- 02:001246 DD01_07 -M30 C-5 R US-FlU -doc -0 IA742 ■ C. GEIS Text Revised to Address Comments Executive Summary sary a recordation of the history of the com2lex. Pho tographs of remaiLiing remaining foundations were taken and a written his- torical summary of the complex is currently under pre2aration. The City of Buffalo recently received written documentation from SBPQ (dated November 20. 2001) indicating that their review of the provided Dhotographs of the buildiniz remains was com feted Additional items are requested of the City by SBP4 to fulfill the recordation Lr4uest for development of this portion of thg Union Shill Canal District, The City is in the process of addressing these concerns. A copy of the letter i included in Appgndix 3 of thi document. Naturally occurring vegetation in the project area has been altered by past land use and subsequent placement of fill material. The predominant land use was industrial and therefore there is currently little native species vegetation. Adjacent and on -site railroad and paved rights -of -way have also been cleared of much of the natu- rally occurring vegetation. The northern portion of the proposed Union Ship Canal District contains depressions and eroding drain- age ditches that support wetland species. The two wetlands located near the northern boundary of the proposed Union Ship Canal Dis- trict are Class H and the wetland located at the eastern boundary is Class 1. No federally listed or proposed endangered or threatened species are known to exist in the project area, except for occasional tran- sient individuals. The New York State Natural Heritage Program was consulted for information on state - listed threatened and gn dan Bred Gies. Five plant sRqgies were identified as hi to ` all occurring in the City of Buffalo (the enact locations were how- ey indeterminate). Because these sMics were observed in the early 1900s and no field information indicating the current tires ence of these pant species is available it was det�ned via re- cent field visits by trained biologists that the likelihood that these p lant sW&ies pLesently exist at the proposed project Keg is ve small. The Union Ship Canal area has a long and varied history of industrial use. While environmental investigations conducted to date in the Union Ship Canal area have indicated that industrial contamination resulting from this historic use of property is marginal, environmental investigations are ongoing and remediation may be required prior to development. Any environmental investigation or remediation that would be required in the proposed Union Ship Canal District would be subject to the 010012" 02 -$0830 C -b ' C. GETS Text Revised to Address Comments .,? tcW a and envi,o*unm; Yx. Executive Summary review, purview, and jurisdiction of NYSDEC, Environmental Conservation Law, Articles 1, 3, 27, and 56. One or more parcels in the proposed Union Ship Canal District may require environmental investigation or remediation prior to t development. Cleanup levels would be in accordance with NYSDEC and N'YSDOH standards for the intended land use of the proposed developments. Each parcel within the proposed Union t Ship Canal District has undergone, or will soon be subject to, in- vestigations involving sampling of surface soils, subsurface soils, surface water, and groundwater. Ap_ o x 1 of this FGEIS con- tains the most current draft Re edial c 'on Wo PlP_fQLr_tLe H anna Furnace site S ftarcel 1 [Former Railroad Yard). This j co rrelates to Parcel 1 of the Union Ship Canal District. The VCP is r3resently under final negoti 'ons with DDI. Alternatives Considered Pursuant to SEAR, a description and analysis of a range of rede- velopment alternatives are required to ensure the selection of a pre - ferred plan that best meets the project objectives, represents the most feasible option based on environmental, social, and economic considerations, and mitigates impacts to the environment. The t identification and analysis of alternatives was integral to the overall process of selecting the proposed plan for development of the Un- ion Ship Canal area. The City considered various alternatives for development of the ' former industrial and railroad lands in the area of the Union Ship Canal, through the South Buffalo Redevelopment concept plan and through preparation of the Draft Comprehensive Plan. fipga Qn pub lic comment the evaluation of each alternative includiniz the Pref rred lte ative vas elaborated and is rovided j is FGEIS in Section 1.6. Significant Beneficial and Adverse impacts The establishment of the Union Ship Canal District and transfer of land to DDI is proposed to encourage a mix of private and public development of the former industrial and railroad lands around the Union Ship Canal that would create job opportunities and provide improved public access to the waterfront. It is consistent with the city -wide goals, objectives, and policies Identified in the City's Comprehensive Planning process. The Union Ship Canal District would further help the City achieve the goal of making brownf"7eld site redevelopment a priority. Development of the Union Ship Ca- nal area could result in negative impacts to the environment if the 02:001246_M)01_02-W C -7 R— US_FOES.doc- 01117102 rim �«+ and em3rmMCnt, inc C. GETS Text Revised to Address Comments Executive summary capacity of the utilities and infrastructure are not adequate for the established design thresholds specified in the zoning amendment. The proposed development will result in the following beneficial impacts: • Conversion of land use from vacant, former heavy industrial to office, light industrial, and manufacturing, therefore eliminat- ing adverse impacts associated with currently permitted uses such as junkyards, heavy industrial facilities, freight terminals, and others; • Preservation of wetland and open space areas with enhance- ment of access to Lake Erie; public • Achievement of the City goal of Brownfield redevelopment and getting these sites back into productive office/light industrial uses; • Provision of an opportunity for business investment and job retention/creation with the potential for 11,000 jobs within the city; and • Preservation and restoration of the NRBP- eligible Union Ship Canal and subsequently providing for increased public access and enjoyment of this resource in a safe manner. Potential adverse impacts associated with development of the pro- posed Union Ship Canal District include the following: • Increased demand on utilities and infrastructure including wa- ter, gas, and electric use and increased generation of solid wastes, although at a lower demand that required by the historic heavy industrial use of the site; • Temporary increase in air emissions and noise as a result of construction of the developments; ■ Increased traffic, especially during peak morning and afternoon periods Monday through Friday; and ■ Demolition of the remains of the Hanna Furnace structure(s). Proposed Mitigation Measures Various construction and operational methods have been identified and analyzed to minimize or avoid potential adverse impacts asso- 02. n2 -BO830 C -8 P._US_FGE1S.doc -011 17X}2 !..> ccd aua tnvimaxmelti, Inc C. GEIS Text Revised to Address Comments Executive Summary ciated with development of the proposed Union Ship Canal District ' and operation of light industrial and manufacturing facilities and office complexes. In addition, mitigation measures have been es- tablished for proper recordation of historic, architectural resources prior to development. Furthermore, mitigation measures have been established for development of areas where existing environmental conditions are of concern due to past industrial use. The mitigation measures proposed for the construction phase of the development include: 02 001246_DDO I_M -80830 C -9 IZUs_r6W. dw-01 t 17812 ■ Compliance with applicable NYSDEC Environmental Taws, Articles 1, 3, 27, and 56 and policies for parcels requiring an environmental investigation or remediation prior to develop - ment; For development at Parcel 1, implementation of a Voluntary Cleanup Program (VCP) and associated Remedial Work Plan and Soils Management Plan (SMP). If Parcels 2 and 3 require envi- ronmental remediation, a review of gp9jgnriate measures will be determine a suitable remedy, including the followin conducted to ■ Reducing localized air impacts by requiring construction equipment to be maintained and operated in accordance with manufacturers' recommendations; a Controlling dust during soil disturbing activities with dust - suppression techniques such as application of water or agglom- erating agents; ■ Reducing localized noise impacts by maximizing daytime con - struction when people are less sensitive to noise intrusion; ■ Reusing excess soils or disposing of in accordance with appli- cable regulations, the VCP /Remedial Work Plan and the SMP; and ■ Collecting surface water /stormwater runoff from the construc- tion site for pretreatment at the Buffalo Sewer Authority (BSA) and securing a Stormwater Discharge Permit from NYSDEC. Mitigation measures proposed for operation of light industry, manufacturing, and office complexes include: ■ Enforcement of deed restrictions on proposed site designs and uses; 02 001246_DDO I_M -80830 C -9 IZUs_r6W. dw-01 t 17812 ■ „� =n � C. GEIS Text Revised to Address Comments Executive Summary ■ Approval of site plan designs by the City of Buffalo Planning Board and the Department of Public Works in accordance with the proposed zoning modification; • Preparation of an appropriate SEQR documentation and the securing of necessary state and local permits and approvals for subsequent development; • Complying with the identified Coastal Management Policies; and • Establishing the current and anticipated traffic volumes to de- termine the need for an intersection analysis and subsequent implementation of appropriate traffic flow control measures. Matters to be Decided Implementation of the proposed action will require certain approv- als and actions from local, state, and federal agencies. Table 1 -2 of the Draft GEIS, included in this FGEIS provides a list of these re- quirements. Pursuant to SEQR, the City of Buffalo Common Council is the lead agency responsible for accepting the draft GEIS. The DGEIS was accepted as complete by the City of Buf- falo Common Council on July 10, 2001. This FGEIS will be pre- sented to the Common Council in January 2002. Following the Common Council acceptance of the FGEIS and the 30 day review period, the Council will prepare its Findings Statement. D 1 t Fi 07-WI 6_Dr)01_W B083a C -10 R_IJS.,FGE15.dtx'�711I 7�C}2 State Environmental Quality Review (SEQR) Full Environmental Assessment Form (EAF) Attachment IC Existing Site Plan x _ c E�s IF , WL SUR Y PERFORMED RORAN A NAt80R PLS. P.C. REI DE ! I DN 1/29/0.5 AND YD CN 8/18/04 ATTACHEMENT 1C ov PI MG UNION SHIP CANAL PUBLIC OPEN SPACE DA E JANUARY 20D6 1� EXISTING SITE PLAN SHEET _ ci NOT TO SCALE CAD RE, N0. 0291GO07 State Environmental Quality Review (SEQR) Full Environmental Assessment Form (EAF) Attachment 1D -- Preliminary Concept Flan 7 R'777 T" tu" w N v 14 � �V ...... ........ K ot 0 ft-M. WWI r ' p gg A" A Mum "k Ni. ..... ............ N , ' b� 6 4 - 9A MM v � au li Z E ' M 0*4 - ...... ------ a'' �', R1 .. ..... ....... .. Y"�ggm -g&,, 6 , 0 g A n, , g KRS, Kw ft . .3 M aw MR. i.Q MR.. k S. - �. l, UNION SHIP CANAL OPEN SPACIE �RNI Prell 11 g'1rtS �'IIA} lam- "+--4 i1 �.5' '7�hw� ts9fa f'SL!1 CM6 State Environmental Quality Review (SEQR) Full Environmental Assessment Form (EAF) Attachment lE -- State Historic Preservation Office Involvement ATTACHMENT IE Union Ship Canal Public Open Space State Historic Preservation Office Involvement The Malcolm Pirnie, Inc. and Wendel Duchscherer (MPI/WD) architectural and engineering design team has been pro-active in engaging the New York State Office of Parks, Recreation, and Historic Preservation (NYSOPRHP) in the design/review process since this initiative began. Prior to development of any concepts, the MPI/WD team conducted preliminary conversations with State Historic Preservation Office (SHPO) officials from the Peebles Island Resource Center in Waterford, NY. Conversations centered on project goals and expectations, design parameters, and options to consider as they relate to the historic integrity of the space. The design approach for the open space focused on designing a park with an industrial feel to help interpret the site's industrial past. This preliminary concept was well received by SHPO. Using SPHO's informal input, the MPI /WD team developed preliminary concept and phasing plans that addressed the project goals. These plans were then presented at a meeting conducted at SHPO's Peebles Island Resource Center. This meeting was productive and the Preliminary Concept Plan was well received. Since that meeting, the Preliminary Plan and project costs have been refined. Additionally, since that last meeting with SHPO, there has been a change in personnel at SHPO and our team now has a new contact person, Kenneth Markunas, to coordinate all SHPO related issues. We have been working to bring the new contact up -to -date with the project in order to determine the next course of action. Kenneth Markunas' letter dated February 24, 2006, included as part of this Attachment states SHPO's opinion that the proposed park development will have NO ADVERSE IMPACT upon properties in or eligible for inclusion in the State and National Registries of Historic Places. F:AProjectsV029161 7 UNION SHIP CANAL OPEN SPACE\UruR Doemnents\Rcpo,ts\EAFVanuary 2007 Revisions\Attachment I E- SHPOInvolvment.doe Oct 02 2006 10:10 WENDEL 7166256625 02 /24/ ©e FRS 16:52 FAX sib 233 aO49 FIELD SVCES. BUR. Ott ti Now York State Office of Parks. Recreation and Historic Preservation, u Historic Preservation Field cervices Bureau wmaxsra Peebles Island, Pty Box 189; Waterford, New York 1218 "139 t�►mte�e+�e Cauka ,� 6'amnvifsA7rttr February 24, 20M Mark Mistretta Wendel Duchac 140 John James AuduWn Parkway -Suite 201 Amherst, NY 14228 P.2 ZOQI 518- 237-8643 Re. DEC (E!915 183) Union Ship Canal (Brownfield re medlatio nlredevelopment) Buttalo, Erie County OSPR00363 Dear Mr. Mistretta: Thank you for requesting the comment of the Office of Parks, Recreation and Historic Preservation (OPAHP). We have had an opportunity to review the proposed redevelopment of the Brawnfisid Site B- 00483-911 acdordance with the New York State Parks, Recreation and Historic Preservation Law of 1980. Based upon our review of the proposed park development, Encloding landscaping, pedestrian btidgs,, traits, parking, canal wall repair, terrestrrai habitats and associated structures, it is the OPRHP's opinion that the project will have No Adverse Impact upon properties in or eligible for inclusion in the State and National Registers of Historic Places_ if you have any questions regarding this letter or any aspect of your project, please feel free to C ontact meet your convenience, Ext. 3273. Sincerely, Kenneth Markuna Historic SA88 Restoration Goordinato r Cc: Mar L. Doster, P.E., .DEC Region 9 FAXED: 2/2A106 - .. Past ite Fax Note 7871 Dm" i 1b}�7`f i°rwn Go:R3c�r1. i',ex Phase * Piton, An Cquai Oppomnity /Affirmative^ Action Ag-awy 0 wimed VAx• NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — New York State Environmental Quality Review Act) of the Environmental Conservation Law. Lead Agency: City of Buffalo Common Council Room 1315 City Hall 65 Niagara Square Buffalo, New York 14202 As per the provisions of SEQR, the Lead Agency, has reviewed the following action as it relates to the environment: Action Title: Union Ship Canal Public Open Space Development Location: Within an approximately 200 ft. perimeter surrounding the Union Ship Canal, which is located east of Route 5 and adjacent to the City of Lackawanna northern municipal boundary line. Erie County. Buffalo, New York. Type of Action: Typed Description: The City of Buffalo, in partnership with the Erie County Department of Environment and Planning, proposes to undertake the construction of a new park, which will be located around the old Union Ship Canal. The proposed project is a major component of the City of Buffalo's new Union Ship Canal District plan adopted by the City in 2002. This special review district encompasses approximately 275 acres located along the Lake Erie waterfront in South Buffalo, and was established in order for the City to encourage, support, and control the proper redevelopment of former industrial and railroad lands comprising the bulk of the area. The proposed park site encompasses the canal and the approximately 22 acres that is delineated by a 200 -foot setback from the canal bulkheads, and is also a part of the Buffalo Lakeside Commerce Park (BLCP), an industrial park currently being developed by the Buffalo Urban Development corporation and the Erie County Industrial Development Agency under the Canal District plan. The park itself will be constructed in multiple phases over an extended period of time, with the first phase focusing on the installation of the utility and drainage systems and the extensive landscaping component of the project design in support of a remedial site work program. Page 2 The proposed remedial site work is based on the results of extensive site investigations, the recommendations of the "Site Investigation and Remedial Alternatives Report ", the "Record of Decision (ROD)" issued by the New York State Department of Environmental Conservation (DEC), and extensive concept designs. This project component will involve, but is not limited to, the following: (a) Implementing a Land Cover System to include removal of surface debris, covering the entire site with clean fill material and topsoil, and construction of a berm around the perimeter of the site as necessary to prevent run off from adjacent land; (b) Implementing a Canal Sediment Cover System to include placement of clean gravel or stone, in the water, over a geotextile material to minimize the migration of contaminated sediments, and (c) Canal Wall Stabilization to include removal of large debris from the water and construction of underwater stabilization berms. Subsequent phases of the park development will include construction of the following major components: passive play and picnic areas on the north side of the canal; an extensive system of recreational trails, interpretive walkways and nature trails; a park maintenance building with restrooms and concession stand on the southern side of the canal; three parking areas for approximately 100 vehicles; floating docks and cantilevered platforms on the canal bulkheads; access roads; a pedestrian bridge over the canal; and the provision of Eco- Restoration work such as eight artificial reef groupings, four benthic substrate enhancement areas, shallow -water fish habitat, submerged and emergent wetland plantings, two submerged islands, and an inland embayment area on the north side of the canal. The project also involves: extensive plantings of new trees and shrubbery throughout the site; and the installation of signage, park furnishings, lighting and fencing. In addition, the design of the park includes the possible future construction of the following facilities on the southern side of the canal: a one story hobby and restaurant building; an outdoor entertainment area; and an industrial history interpretive area. The project is being funded by the DEC under a grant from the Environmental Restoration (Brownfields) Program as per the New York State Clean Water /Clean Air Bond Act of 1996 ($6,030,000), the New York State Department of Transportation's Transportation Enhancement Program ($1,4000,000), and the County of Erie ($700,000). Any additional park improvements not financed by the above agencies will be funded by the City of Buffalo. Page 3 As a result of this environmental review, the Lead Agency has determined that the undertaking of this project will not constitute an action which would have a significant adverse impact on 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: Prior to the adoption of the Union Ship Canal District special plan the City of Buffalo, the Buffalo Common Council acting as lead agency, completed a Generic Environmental Impact Statement (GEIS) as per the provisions of SEQR for the entire Canal District, including the Park and the BLCP area. The GEIS was approved, and Final Findings filed, by the City in January of 2002. As a result of the GEIS it was determined that the establishment of the Canal District should be adopted, and that the redevelopment of the area would result in significant beneficial environmental impacts for the City of Buffalo provided that appropriate mitigation measures, primarily regarding soils remediation work, will be undertaken as necessary prior to the implementation of future site specific actions. The negative impacts which were identified as a result of the environmental review for the proposed Union Ship Canal Park are all primarily due to excavation, landscaping and construction activities, which will generate increased vehicle emissions and traffic, fugitive dust, odors, and elevated noise levels. These are short-term impacts only that will have a minor effect on the environment, and are not significant in magnitude or effect. Proper construction practices in accordance with the project remedial- design program, NY State regulatory requirements, and City codes will mitigate potential adverse impacts due to project activities. Due to the disposal of fill materials in the area over the years, and past industrial uses, the soil and groundwater at the project site have been contaminated by hazardous substances. The New York DEC has issued a ROD for the site that proposes a soil cover system, a canal sediment cover system, canal wall stabilization, eco- restoration, and park development as remedies for the site. The ROD is based on the results of the Site Investigation conducted between June 2001 and March 2003, and recommendations presented in the "Site Investigation and Remedial Alternatives Report". This proposal, which will be implemented by the City of Buffalo, includes appropriate remedial measures to eliminate or mitigate the environmental threats to human health and the environment that are associated with the impacts of contaminants to the soils, surface water, and sediments of the site. The project will: create a major new recreational area for the use and enjoyment of residents of the City of Buffalo and the surrounding communities; contribute to the overall redevelopment of Buffalo's waterfront; remove threats to human health associated with potential exposure to surface and subsurface soil and groundwater; remove environmental threats associated with the impacts of contaminants to wildlife on the site, improve and restore wildlife habitats; improve the visual and aesthetic qualities of the area; and create short and long- term employment opportunities. The impacts that are likely to occur as a result of the project appear, on the whole, to be beneficial and not significant in magnitude or effect, and will not, either individually or as a whole, have a significant adverse effect on the environment. For further information relative to this Negative Declaration, contact , Room 920 City Hall, Buffalo, New York 14202 - Telephone: 716 -851- Dated: 2007 A copy of this notice was sent to: NY State Department of Environmental Conservation NY State Department of Transportation NY State Department of Health Buffalo Department of Public Works Buffalo Environmental Management Commission Mayor Byron Brown Buffalo Planning Board Erie County Department of Environment and Planning Buffalo Water Authority Buffalo Sewer Authority Environmental Notice Bulletin 14 FROM THE COMPTROLLER SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 1, 2007 FROM: DEPARTMENT: Audit and Control / Comptroller SUBJECT: [: Interfund Cash Loan PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx /xx) Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $20,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 -General Fund TO: 2421 - Occupational Safety and Health Training and Education Grant GRANT TITLE: Occupational Safety and Health Training and Education Grant #C012057 GRANT AGENCY: New York State Occupational Safety and Health Hazard Abatement Board GRANT AMOUNT: $72,000 LOAN AMOUNT: $20,000 Estimated Date of Repa nt: August 31, 2007 Signature of Depart eaJ Requesting Interfund Cash Loan Leonard re e, Commissioner of Human Resources SIGNATURE DEPARTMENT HEAD TITLE: Comptroller Andrew A. SanFilippo CC Interfund Cash Loan JW �d BYRON W. BROWN MAYOR January 31, 2007 .. I r DEPARTMENT OF HUMAN RESOURCES The Honorable Andrew SanFilippo Comptroller 1225 City Hall Buffalo, NY 14202 Dear Comptroller SanFilippo: LEONARD A. MATARESE COMMISSIONER I am requesting that you authorize an Interfund Cash Loan in the amount of $20,000 to facilitate reimbursable payments relating to a New York State grant received by the Department of Human Resources. A cash advance is needed until reimbursement is received for operations. The grant is the New York State Department of Labor Occupational Safety and Health Training Project 06 -104 - Contract number C012057. The total amount of the grant is $72,000. The estimated date of repayment is August 31, 2007. Your cooperation in this matter is greatly appreciated. Sincerely, f Leonard Matarese LAM /n r cc: File 65 NIAGARA SQUARE / 1007 CITY HALL / BUFFALO, NY 14202 -3310 / (716) 851 -5900, ext. 200 / FAX: (716) 851 -4968 Mr. Bonifacio moved: That the above communication from the Comptroller dated February 1, 2007, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the Occupational Safety and Health Training and Education Grant in the amount of $20,000. The loan is payable at date of reimbursement. Passed 6 PJS: rmv t:wp6Nnsword\rmv \6c2 -6a. doc *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL SMITH I------------- I [MAJ - 5] 9 o 2/3 6 3/4 7 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: February 1, 2007 FROM: DEPARTMENT: Audit and Control /Comptroller SUBJECT: [:Interfund Cash Loan PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx /xx /xx) Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $2,520,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3164 - Franczyk Park Environmental Remediation GRANT TITLE: City of Buffalo Franczyk Park Remediation #C303088 GRANT AGENCY: New York State Department of Environmental Conservation GRANT AMOUNT: $2,520,000 LOAN AMOUNT: Up to $2,520,000, as needed Estimated Date of Repayment: January 31, 2008 Signature f Head Requesting Interfund Cash Loan Daniel E. Kreuz, P.E., Acting ommis " , Public Works, Parks & Streets SIGNATURE DEPARTMENT HEAD TITLE : f comptroller Andrew A. San Filippo Mr. Bonifacio moved: That the above communication from the Comptroller dated February 1, 2007, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to Franczyk Park Environmental Remediation in the amount of $2,520,000, as needed. The loan is payable at date of reimbursement. Passed 7 PJS: rmv t: wp60\msword\rmv \7c2- 6a.doc *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL SMITH [ ------------- ] [ MAJ - 5 ] * 9 p ( 2/3 - 6) [ 3/4 - 7 ) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January 29,2007 FROM: DEPARTMENT: Audit 7 Control SUBJECT: [:Purchase Surplus City Equipment PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx /xx /xx) Upon learning that my computer (age- 7 years) was being given to a junk dealer, I respectfully ask the Council, per the advice of MIS (see attached letter), permission to purchase the computer for $25.00 to use at home. Thank You. R.Whitcomb SIGNATURE DEPARTMENT HEAD TITLE: Richard Whitcomb Supervising Accountant Rm. -1214 BYRON W. BROWN MAYOR CITY OF BUFFALO DEPARTMENT OF MANAGEMENT INFORMATION SYSTEMS Richard Whitcomb Supervising Accountant, Department of Audit & Control Jan. 24 2007 Subject: Purchase of used computer Dear Richard, RAJ MEHTA DIRECTOR The PC that you were previously using for work NOVA 2000 (1.8 GHZ), Machine ID 49946 will not longer be used for city purposes. We checked with our PC vendor and book value of that PC is $50. Usually we either donate the old PCs to charity or turn them over to junk dealers for few dollars. I would advice you to please petition common council to purchase that PC and put an appropriate bid for it. Sincerely, Ra J -'f Mehta, Director. 65 NIAGARA SQUARE / 1201 CITY HALL / BUFFALO, NY 14202 -3312 / (716) 851 -4836 / FAX: (716) 851 -5472 / www.city- buffalo.com Mr. Bonifacio moved: That the above communication from Audit & Control dated January 29, 2007, be received and filed; and That Richard Whitcomb be, and he hereby is given permission to purchase computer ID 49946 in the amount of $25.00. Passed PJS: rmv t:wp60\msword\rmv \8c2 -6a. doc *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * RUSSELL SMITH [ ------------- ] [ MAJ - 5 ] * g 0 [ 2/3 - 61 [ 3/4 - 7 ] TO: THE COMMON COUNCIL DATE: January 31, 2007 FROM: THE DEPARTMENT OF AUDIT & CONTROL SUBJECT: Steelfields Ltd. — Inspection of Records Item No. 119, CCP, 10/31/06 As requested by the Common Council in the above referenced resolution and in accordance with the terms of the Agreement between Steelfields Ltd., the City of Buffalo and the Buffalo Urban Renewal Agency, the Comptroller's Office has requested, received and reviewed documents and records relating to the Hickory Woods Value Protection Plan ( "VPP "). Copies of those documents have been provided to Council Staff. As you may be aware, Steelfields established a cash fund in the principal amount of $1,000,000.00 to fund cash payments to eligible homeowners in the Hickory Woods area who elected to participate in the program. One Million dollars was deposited into a money market account on October 28, 2002. After disbursements and fees were paid, $964,453.09 was withdrawn from the account and placed in a different investment account in February 2004. A checking account was established to make disbursements from the fund for the benefit of participating residents. The fund paid out a total of $127,500 by December 31, 2006, completing the payment schedule established for participating residents under the Participation Agreement. According to the documentation provided to the Comptroller's Office, the portfolio has a remaining value of $1,138,612.13 as of November 30, 2006 and $21,363.80 in the checking account as of December 31, 2006. If you have any further questions, please feel free to contact this office. DEPARTMENT HEAD: Andrew A. SanFilippo 19 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS #2 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: FROM: DEPARTMENT: DIVISION: mr _ t 3n n 2nn DA i E. J nuar ju, auu PUBLIC WORKS, PARKS AND STREETS BUILDINGS SUBJECT: [: Report of Bids (: Allison Park Fencing [: (North) PRIOR COUNCIL REFERENCE: (IF ANY) (: Ex. (Item No , C.C.P. 1 TEXT: (TYPE SINGLE SPACE BELOW) advertised on January 9, 2007 and have received the following bids for the Allison Park Fencing contract, which were publicly opened & read on January 23, 2007. General Contr actor Base Bid Titan Development, Inc. $47,000.00 8534 Seaman Road Gasport, NY 14067 Capital Fence Co., Inc $47,149.00 42 N. Ellicott Creek Road Amherst, NY 14228 Armor Fence Company $48,191.91 P.O. Box 745 Orchard Park, NY 14127 New York State Fence, Inc. $48,426.00 858 Manitou Road Hilton, NY 14468 Fox Fence, Inc. $68,231.00 2637 Lockport Road Niagara Falls, NY 14305 hereby certify the foregoing is a true and correct statement of the bids received Titan Development of Gasport, NY is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $47,000.00. request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. The Engineer's estimate for this work was $65,000 and funds for this work are available in accounts #38400106. DEKIEMp TYPE DEPARTMENT HEAD NAME: Daniel E. Kreuz, P.E. TYPE TITLE: Acting Commissioner of Public orks, Parks & Streets 10 SIGNATURE OF DEPARTMENT HEAD: Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated January 30, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Allison Park Fencing, to Titan Development, Inc., the lowest responsible bidder, in the amount of $47,000. Funds for the project are available in #38400106. Passed. 10 PJS:rmv tAwp60\msword\rmv\ l Oc2-6a. doc *AYE NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * SMITH [ ------------- ] [ MAJ - 51 g * 0 [ 2/3 - 6 ] ( 3/4 - 7 ] 6 41 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 31, 2007 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: NYSDOT Request for Maintenance and [: Repairs of State Arterial Highways PRIOR COUNCIL REFERENCE: (IF ANY) [: Our department is in receipt of a request from the N.Y. State Department of Transportation ( NYSDOT) to revise the subject agreement. The current agreement covers the following highway segments and the City is reimbursed $85,856.72 on an annual basis for routine maintenance. • Delaware Ave. from Nottingham Terrace to Kenmore Ave. Broadway Ave. from Oak St. to Bailey Ave. • Church St. from Elm -Oak Arterial to 190 Thruway ramps • Elm -Oak Arterial NYSDOT has requested that a new agreement be authorized by Your Honorable Body for the following highway segments only: • Delaware Ave. from Nottingham Terrace to Kenmore Ave. • Broadway Ave. from Oak St. to the Broadway Ave. underpass. The annual maintenance payment to the City for these segments would be revised to $84,744.57 on an annual basis. Our department has no objection to the revisions requested and annual payment. It is therefore requested that Your Honorable Body approve a resolution for signature by the Mayor to authorize execution of a new agreement for maintenance and repair of State Arterial highways. DEK:jIj TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD Daniel E. Kreuz, P.E. Actipp Commissioner Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated January 31, 2007, be received and filed; and That the Mayor, be, and he hereby is authorized to execute a new agreement with the New York State Department of Transportation for maintenance and repairs of State Arterial Highways. The annual maintenance payment to the City for these segments, as listed in the above communication, would be revised to $84,744.57 on an annual basis. Passed. 11 PJS:rmv tAwp60 \msword \rmv \1 l c2- 6a.doc *AYE* NO * BONIFACIO DAVIS FONTANA * FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * SMITH * [ MAJ - 5 ] W 9 0 [ 2/3 - 6 ] [3M - 7] #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 31, 2007 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: SUBJECT [: Request Permission to Purchase Equipment PRIOR COUNCIL REFERENCE: (IF ANY) [: Our department is requesting permission to buy new tractors, mowers and pallet jacks for our Streets Division. The items to be purchased are as follows and the equipment will be utilized to upgrade our vacant lot cutting and vehicle repair operations: • (2) New Holland TN -60A Tractors $37,668.00 • (2) Alamo Super Flail Mowers $ 8,908.00 • (2) Hydraulic Hand Pallet Jacks $ 1,190.00 Total $47,766.00 Funds for these purchases are available in the following Capital Outlay accounts: • 15050007 - 474100 • 52002607- 474100 am TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Daniel E. Kreuz, P.E. Acting issioner Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated January 31, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to purchase new tractors, mowers and pallet jacks for the Streets Department and as more fully described in the above communication. Funds for these purchase are available in Capital Outlay accounts 15050007- 474100 and 52002607- 474100. Passed. 12 M xmv tAwp60\msword\rmv\ 12c2- 6a.doc *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL SMITH [ ------------- ) [ MAJ - 51 * g * 0 [ 2/3 - 6 ] [ 3/4 - 7 ) #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 31, 2007 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: Supplemental Agreement [: Zoological Society of Buffalo [: October 2006 System Damage PRIOR COUNCIL REFERENCE: (IF ANY) [: Like many other agencies the Zoological gardens suffered substantial damage due to the October 2006 storm. In order to qualify for reimbursement from FEMA it has been stipulated that a supplemental agreement to the existing agreement between the City and the Zoo be executed. Attached for your info is a proposed supplemental agreement, which has been drafted by the Corporation Counsel in regard to this matter. This agreement has been approved by the Zoo and is being submitted to Your Honorable body for approval. DEK:jlj TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Daniel E. Kreuz, P.E. Act' Commissio er 2 SUPPLEMENTAL AGREEMENT Supplemental Agreement dated as of January , 2007, by and between City of Buffalo, a municipal corporation, having its principal office and place of business at City Hall, 65 Niagara Square, Buffalo, New York 14202 ( "the City ") and Zoological Society of Buffalo, Inc., a not - for -profit corporation having its principal office and place of business at 300 Parkside Avenue, Buffalo, New York 14214 ( "the Society ") WITNES SETH WHEREAS, the City is the owner of certain lands and improvements known as the Buffalo Zoological Gardens and the Society is currently operating the Buffalo Zoo at that site; and WHEREAS, by Agreement dated April 4, 1973 as extended and/or amended by subsequent agreements, the last of which was dated April 1998 (collectively the "Agreement "), the City has turned over the operation of the Buffalo Zoo to the Society; and WHEREAS, the Zoological Gardens suffered substantial damage as a result of the unprecedented snow storm of October 12 -13, 2006, and the Society has incurred or will incur extraordinary costs in repairing and /or remediating that damage and for debris removal. NOW, THEREFORE, it is agreed: The Agreement is being supplemented by this Supplemental Agreement. 2. The Society has submitted or will submit to the City a statement of the costs the Society incurred or will incur as a result of the October 12 -13 storm damage in each of the following categories: a. Staff overtime for clean up and debris removal, b. Equipment usage (chain saws, chippers, vehicles, generators), C. Equipment rental (1 chipper), d. Payment to outside contractors for removal of trees and broken limbs, e. Incurring costs and/or contracting for the replacement and /or upgrade (for mitigation purposes) of the Lorikeet Exhibit "netting" or "meshing." 3. As funds become available and are received by the City for this purpose, the City will reimburse the Society for those costs specifically allowed. The City will have no liability under this Supplemental Agreement to the Society or to anyone else beyond any funds specifically appropriated for and available for specific uses as described in this Supplemental Agreement. This Supplemental Agreement shall not be effective and the City shall have no obligations under this Supplemental Agreement unless and until this Supplemental Agreement has been approved by both the Common Council of the City of Buffalo and the Buffalo Fiscal Stability Authority. N r� IN WITNESS WHEREOF, the parties have duly executed this Supplemental Agreement. APPROVED AS TO FORM: CITY OF BUFFALO Corporation Counsel TAwp60\rmv \jvh\zoo -agr 1- 8- O'7.doc Hon. Bryon W. Brown Mayor ZOOLOGICAL SOCIETY OF BUFFALO, INC. 01 3 Donna M. Fernandes, Ph.D. President Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated January 31, 2007, be received and filed; and That the Mayor be, and he hereby is authorized to execute the Supplemental Agreement between the City of Buffalo and the Zoological Society of Buffalo, Inc. in order to qualify for reimbursement from FEMA. Passed. 13 PJS:rmv t: \wp60\msword\rmv \13 c2 -6a. doc *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * RUSSELL SMITH * [ ------------- ] [ MAJ - 5 ] * 9 p [ 2/3 - 6 ] [ 3/4 - 7 ] W FROM THE COMMISSIONER OF POLICE d -rrra- p ra °r-a t rev ® w `r Y Ul l Y Utz 15UPPALU = s DEPAR'TMEN'T OF POLICE H. McCarthy Gipson 74 Franklin Street Commissioner of Police Buffalo, NY 14202 -4099 Phone: (716) 851 -4444 January 30, 2007 HAND-DELIVERED Common Council 1308 City Hall 65 Niagara Square Buffalo, New York 14202 Re: "J. Golombek — Special Police Insurance" ( #58 CCP Jan. 23, 2007) Dear Common Council, Thank you for inviting our Department's comments on the above - referenced legislative item. Please be advised that our Department just received the Council's request for comments on Friday, January 26, 2007, In the interest of submitting thoroughly researched comments, prior to submitting the same, I often seek input from police personnel who serve our Department in different capacities. Thus, in the future, our Department respectfully requests at least two weeks notice for the submission of our comments. Concerning the issue of insurance for the Buffalo Special Police ( "BSP "), our Department advises that pursuant to Section 13-20 1 (g) of the City Charter, one of the Officers of the BSP organization, such as the Chief, must be required to execute the attached indemnification provision. Further, we recommend that the BSP's insurance policy also name the City of Buffalo and the City of Buffalo Police Department as additional insureds. Enclosed please find a copy of Section 13-20. Thank you again for inviting our Department's comments on this matter. Very truly yours, w H. McCarthy Gipson i Commissioner of Police Q_�a 0 0 (.� %: L_ � /Y I1►1i M � M The Buffalo Special Police hereby agree to hold harmless and indemnify the City of Buffalo, its officers and employees, including the City of Buffalo Police Department, for any and all claim(s), liability and/or loss, including both personal in nature and property, arising directly or indirectly from the action(s) of any Buffalo Special Police Officer, whether or not such action(s) is within the scope of the duties of the Buffalo Special Police, as set forth in the Buffalo City Charter. This indemnification bears no monetary limitation. Dated: Print Name and Position: Buffalo Special Police Signature= Buffalo Special Police Yage 1 of 2 Document CHARTER AND CODE OF THE CITY OF BUFFALO, NEW YORK, v79 Updated 05-30 -2005 THE CHARTER G ARTICLE 13, Department of PoflcO 13-17, Citizen COMPl int Proccs , (g) Publish a semi - annual report on the department's use of exceptional police controls and deterrents including but not limited to sprays, dogs and special squads. § 13 -18. Accreditation The commissioner of police shall seek, obtain and maintain accreditation of the department of police by an agency or organization generally recognized and accepted by law enforcement officials in New York for certifying compliance with generally accepted law enforcement training, policies and procedures and other relevant techniques and methods of operation. § 13 -19. Solicitation Prohibited. No member of the department shall circulate subscription papers, sell tickets or collect money or solicit donations, prizes or gifts for charitable or any other purposes, except as permitted by ordinance. Any such member who shall violate any of the provisions of this section shall be subject to dismissal. § 13 -20. Buffalo Special Police Officers. [Added 11 -16 -2004 by L.L. No. 10 -2004, effective 11 -24 -20041 1. The commissioner of police, on application of any person or corporation showing the necessity therefor, may appoint Buffalo Special Police Officers to do special duties required by the applicant, without any compensation from the city of Buffalo, provided that the person to be appointed submits proof of the following: (a) U.S. citizen 21 years of age or older; (b) A physical and mental health examination acceptable to and approved by the commissioner of police; (c) Complete training to discharge his/her duties, specifying his/her knowledge, experience and ability to handle firearms as required by New York State law, and training as provided by the 120 hour basic Peace Officer Course with Firearms, acceptable to and approved by the commissioner of police; (d) A current roster listing all Buffalo Special Police Officers, including the name, current address and phone number. The Buffalo Special Police shall be responsible for providing any updated information regarding its members within five (5) business days of any changes to the commissioner of police. (e) All Buffalo Special Police Officer applicants must obtain a criminal background check prior to commencing any training for membership. A Buffalo Special Police Officer cannot have been arrested or convicted of a misdemeanor or felony offense. If any Buffalo Special Police Officer is arrested and/or convicted of any crime, the commissioner of police may remove that member from the current roster, and relieve that individual of any duties or authority as outlined in this chapter. (f) The Buffalo Special Police shall provide a list of the tour of duty for each officer, including but not limited to, the location and general district covered by that officer, and the general working hours assigned to that officer. http: / /gcp.esub. net /cgi- bin /om_ isapi.dll ?clientID = 127034 &advquery =l3 -1 &infobase= buffalo.nfo &recorc... 07/12/2005 Document rage z or L (g) Provide proof of an insurance policy in the amount of at least $1,500,000, with a maximum per claim amount of $100,000, holding the city of Buffalo, and any agents of the city of Buffalo, harmless of any liability incurred to any individual, corporation or any other entity, due to the actions or inactions taken by the Buffalo Special Police or any Buffalo Special Police Officers while performing their duties as outlined by this chapter. 2. The duties of the Buffalo Special Police shall be limited to the following functions as approved by the commissioner of police: 11 http: / /gcp.esub.net/cgi- bin/om isapi.dll ?clientID= 127034& advquery =l3 -1 &infobase= buffalo.nfo &recorc... 07/12/2005 i aka i vi c, Document CHARTER AN CODE OF THE CITY OF BUFFALO, NEW YORK, M Updated 05-30-2005 THE CHAR A TICLE 13, eltart 1141st O P0icO yy # ro9 . { }�,s�t F ����.`��;P .. ° ' n �`� -24 �� =1 �• =��p. I����r��.�� �e�l�l y ell�e s�4..� €tia a (a) Walk the beat, observe and report in the assigned areas as described in § 1(f) of this section, of any criminal or suspicious activity to the Buffalo Police Department; (b) Under no circumstances shall the Buffalo Special Police attempt to perform the duties of a Buffalo Police Officer, impersonate a Buffalo Police Officer, or interfere with a Buffalo Police Officer performing his/her duties and /or conducting an investigation pursuant to his/her duties as a Buffalo Police Officer. (c) Buffalo Special Police Officers shall have no additional arrest powers beyond that of an ordinary citizen, and do not have any powers reserved and/or performed exclusively by the Buffalo Police Department. (d) Buffalo Special Police uniforms, including but not limited to shirts, pants, badges, coats, and hats, shall clearly indicate the Buffalo Special Police name and insignia, and must be approved by the commissioner of police. (e) Buffalo Special Police vehicles shall clearly indicate the Buffalo Special Police name and insignia, and must be approved by the commissioner of police. 3. Any Buffalo Special Police Officer who attempts to impersonate a Buffalo Police Officer, or is found to have impersonated a Buffalo Police Officer shall be charged criminally for such actions and unauthorized behavior, and shall be immediately and permanently removed from the Buffalo Special Police. 4. The Buffalo Special Police Officers may be removed by the commissioner at any time at his/her pleasure and during his/her term of service. ARTICLE 14, Department of Fire § 14 -1. Commissioner of Fire. The commissioner of fire shall be the head of the department of fire. § 14 -2. Appointment; Removal. The commissioner of fire shall be appointed by the mayor, subject to confirmation by the council, and shall be removable at the pleasure of the mayor. On the removal without cause of a commissioner of fire, who at the time of his or her appointment as commissioner of fire was a member of the department of fire, he or she shall be restored at his or her request to the rank and duty held at the time of appointment. In the event of the death of the commissioner of fire, or a vacancy in that office for any other cause whatsoever, the mayor shall appoint a commissioner of fire to serve for a period not to exceed one hundred and eighty days, which temporary appointment shall not be subject to confirmation by the council. http: / /gcp.esub. net /cgi- bin/om _ isapi.dll ?clientlD= 127034 &advquery =l3 -1 &infobase= buffalo.nfo &recor(... 07/12/2005 ( Vfrolommou coundr Council Staff Chief of Staff Paul W. Wolf, Esq. Legislative Staff Manager Mary H. Baldwin Senior Legislative Assistant zv James S. Pajak • Senior Legislative Assistants Milly Castro Lisa M. Collin Mark J. Jaskula Jacqueline E. Rushton Legislative Aide Karen D. Privateer CITY OF BUFFALO H. McCarthy- Gipson, Commissioner Buffalo Police Department 74 Franklin Street Buffalo NY 14202 Dear Commissioner Gipson: At the Common Council Meeting held on Tuesday, January 23, 2007, the following item was referred to the Committee on Legislation, Corporation Counsel and your department for a response: • "J. Golombek- Special Police Insurance" ( #58 CCP Jan 23, 2007) 65 Niagara Square, Room 1413 City Charter section 13- 20(1 -g) requires the Buffalo Special Police Buffalo, New York 14202 -3318 provide proof of insurance before being allowed to provide services in Phone: (716) 851 -5105 the City of Buffalo. Please review the attached binder. The Common Fax: (716) 851 -4234 Council has asked Corporation Counsel to comment as to whether this binder meets the insurance criteria as outlined in the Charter. They are asking for your comment as well. If you feel additional insurance information is needed from the Special Police, please indicate that as well. Please file and address your comments and /or recommendations with the Common Council, 1308 City Hall, by 2:00 p.m. Thursday, February 1, 2007. If you have any questions, please contact Mark Jaskula or me at 851 -5105. Sincerely, Lisa M. Collin Sr. Legislative Assistant Encl. January 24, 20OF-5 C=) At the Common Council Meeting held on Tuesday, January 23, 2007, the following item was referred to the Committee on Legislation, Corporation Counsel and your department for a response: • "J. Golombek- Special Police Insurance" ( #58 CCP Jan 23, 2007) 65 Niagara Square, Room 1413 City Charter section 13- 20(1 -g) requires the Buffalo Special Police Buffalo, New York 14202 -3318 provide proof of insurance before being allowed to provide services in Phone: (716) 851 -5105 the City of Buffalo. Please review the attached binder. The Common Fax: (716) 851 -4234 Council has asked Corporation Counsel to comment as to whether this binder meets the insurance criteria as outlined in the Charter. They are asking for your comment as well. If you feel additional insurance information is needed from the Special Police, please indicate that as well. Please file and address your comments and /or recommendations with the Common Council, 1308 City Hall, by 2:00 p.m. Thursday, February 1, 2007. If you have any questions, please contact Mark Jaskula or me at 851 -5105. Sincerely, Lisa M. Collin Sr. Legislative Assistant Encl. JOSEPH GOLOMBEK, JR. NORTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1502 City Hall BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5116 January 19, 2007 Common Council JAN 23 2007 City of Buffalo LEGISLATIVE ASSISTANTS TIMOTHY VON DER EMPTEN JOHN FRACOS COMMITTEES COMMUNITY DEVELOPMENT CLAIMS EDUCATION LEGISLATION Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 RE: Special Police Insurance Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held January 23, 2007. Thank you in advance for your assistance in this matter. Sincerely, Joseph Golombek Jr. North District Councilmember 0-e" POL- �t 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. t. ACORD 25 (2001/08) "0 Poil I T A I UFFY U L5 ALU ��fFA DEPARTMENT OF POLICE H. McCarthy Gipson 74 Franklin Street Commissioner of Police Buffalo, NY 14202-4099 Phone: (716) 851-4444 January 29, 2007 HAND-DELIVERED Common Council 1308 City Hall 65 Niagara Square Buffalo, New York 14202 Re: Street Naming Gladys Holmes and Street Naming Mary B. Talbert (#21 C.C.P. Jan.23,2007) Dear Common Council, Thank you for inviting our Department's comments on the above-referenced legislative items. Please be advised that our Department has no objection to the above - referenced proposed items. Very truly yours, H. McCarth�Cxipson Commissioner of Police CORAMIETTEE ON. / 5- summon couttrit CITY OF BUFFALO Council Staff January 24, 2007 Chief of Staff ' ra Paul W. Wolf, Esq. Q • H. McCarthy Gipson, Commissioner Legislative Staff Manager Buffalo Police Department r Mary H. Baldwin 74 Franklin Streets ' Senior Legislative Assistant rVBUffalo NY 14202 James S. Pajak C7 : 0 Senior Legislative Assistants Dear Commissioner: Milly Castro Lisa M. Collin At the Common Council Meeting held on Tuesday, January 23, 2007, the following items Mark J. Jaskula were referred to the Committee on Legislation and your department for a response: Jacqueline E. Rushton Legislative Aide Karen D. Privateer "Street Naming- Gladys Holmes Blvd. -St. Located within the Frederick Douglas Towers Redev. Proj. (Hrg. 2/20)" ( #21 C.C.P. Jan. 23, 2007) 65 Niagara Square, Room 1413 "Street Naming -Mary B. Talbert Blvd. -St. Located within the Frederick Douglas Buffalo, New York e: (716) 851-5105 318 Towers Redev. Proj. (Hrg. 2/20)" ( 921 C.C.P. Jan. 23, 2007) Fax: (716) 851 -4234 Please review the enclosed items and file and address your comments and/or recommendations with the Common Council, 1308 City Hall, by 2:00 p.m. Thursday, February 1, 2007. If you have any questions or need further information, please contact Lisa Collin or me at 851 -5105. Your assistance is greatly appreciated. Sincerely, Mark askula Sr. Legislative Assistant Enclosure #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL JAN 2 3 2007 TO: THE COMMON COUNCIL DATE: January 3, 2007 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: Street Naming [: Mary B. Talbert Boulevard [: Street Located within the [: Frederick Douglas Towers [: Redevelopment Project PRIOR COUNCIL REFERENCE: (IF ANY)[: Ex. ( Item No,xx C.C.P. xx /xx /xx TEXT: (TYPE SINGLE SPACE BELOW) Permission is requested from Your Honorable Body to name and dedicate Mary B. Talbert Boulevard which was constructed by Norstar Building Corporation according to City /NYSDOT Standard specifications. (Location Map Attached). Beginning at a point in the easterly line of Spring Street, distant three hundred sixty -four and fifty -eight hundredths feet (364.58 southerly from the southerly line of Clinton Street; Running thence easterly parallel with Clinton Street, five hundred forty -nine and eight hundredths feet (549.08 to a point; Running thence southerly parallel with Spring Street, eighty -nine and five hundredths feet (89.05') to a point; Running thence southwesterly at an angle of 126 degrees, 45 minutes and 57 seconds to the list referenced line seventy -four and ninety hundredths feet (74.90) to a point; Running thence northerly at an angle of 53 degrees, fourteen minutes, and three seconds to the list referenced line seventy -three and seventy -two hundredths feet (73.72 to a point; Running thence westerly at an angle of 89 degrees, fifty minutes, and 50 seconds to the -list referenced line four hundred eithty -nine and four hundredths feet (489.04`) to the easterly line of Spring Street; Running thence northerly along the easterly line of Spring Street sixty feet (60 to the point or place of beginning. DEK /MHH:cam TYPE DEPARTMENT HEAD NAME: TYPE TITLE SIGNATURE OF DEPARTMENT HEAD: (cc010307.doc) issi.oner J IG Daniel E. Kreuz, P. E. #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 2, 2007 t� FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Street Naming [: Gladys Holmes Boulevard [: Street Located within the [: Frederick Douglas Towers [: Redevelopment Project PRIOR COUNCIL REFERENCE: (IF ANY)[: Ex. ( Item No,xx C.C.P. xx /xx /xx TEXT: (TYPE SINGLE SPACE BELOW) Permission is requested from Your Honorable Body to name and dedicate Gladys Holmes Boulevard which was constructed by Norstar Building Corporation according to City /NYSDOT Standard specifications. (Location Map Attached). Beginning at a point in the southerly line of Clinton Street distant two hundred twenty -three and four hundredths feet (223.04') easterly from the easterly line of Spring Street; Running thence southerly parallel with Spring Street, three hundred sixty -four and fifty -eight hundredths feet (364.58 to a point; Running thence easterly_ parallel with Clinton Street, sixty feet (60.00') to a point; Running thence'northerly parallel with Spring Street, three hundred sixty -four and fifty -eight hundredths feet (364.58 to the southerly line of Clinton Street; Running thence westerly along the southerly line of Clinton Street, sixty feet (60.00) to the point or place of beginning. DEK /MHH:cam TYPE DEPARTMENT HEAD NAME: TYPE TITLE Daniel E. Kreuz, P.E. SIGNATURE OF DEPARTMENT HEAD: (cc010207.doc) 22 FROM THE CORPORATION COUNSEL - TO: THE COMMON COUNCIL FROM: THE DEPARTMENT OF LAW DATE: February 1, 2007 SUBJECT: Certificate of Insurance /Special Police No. 58 CCP Jan 23, 2007 (Legislation) Your Honorable Body has asked for the Corporation Counsel to provide a response regarding the above - referenced item currently before the Common Council's Legislation Committee. Please be advised that the Department of Law has determined that the proposed certificate of insurance is inadequate as it does not name the City of Buffalo as an additional- insured on the certificate. Please also be reminded that insurance alone does not authorize the Special Police to operate. Pursuant to Article 13 of the City Charter, the Commissioner of Police must approve of and designate special police. Therefore, we recommend that this item be referred to the Police Department as well. DEPARTMENT HEAD NAME: TITLE: Alisa A. Lukasiewicz Corporation Counsel SIGNATURE OF DEPARTMENT HEAD: r REFERRED TAP, COMMITTEE 23/24 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES #1 (Rev. 1/93) Single Page Communication to the Common Council" To: The Common Council: Date: January 22, 2007 From: Department: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store & Meat, Fish & Poultry Licenses Type in Upper and [: I Lower Case Only [: Prior Council Reference: (If Any) [: Ext. { Item No. xxx C.C.P. xx/xx/xx Text ( Type Single Space Below Dear Members of the Buffalo Common Council: Attached for your information is a list of addresses for Food Stores along with Meat, Fish & Poultry that the Office of Licenses will be renewing on or before April 1, 2007. Respectfully submitted, Type Department Head Name: RICHARD M. TOBE Type Title: COM -IS, IONE Signature of Department Head: RMT:mrz REFERRED 17 :9 COMMITTEE TI / 40 " F Report Dr: 0112212007 Page No: I LICENSES EXPIRING FROM 0410112007 TO 0413012007 FS'T 524550 HASSAN, AHMED Expiration ALI, NADIR 524559 Appl No, Applicant Name Date Bus Name Business Address Fee 524531 SIDEBOTTOM, PATTI 04/01/2007 YELLOW GOOSE MARKET 140 ABBOTT 100.00 524544 ALMADRAHI, QAYES 04/01/2007 STEVE'S DELI 185 ESSER 100.00 524545 FADEL, FAISAL 04/01/2007 SHOP SMART 128 FARGO 100.00 524546 MUFTAH, MOHAMED 04/01/2007 CITY CANDY GROCERY 544 FARGO 100.00 524547 FADDELL, ABUL 04/01/2007 AMF FOOD MART 280 FERRY EAST 100.00 524548 PEOPLES, WILLIAM 04/01/2007 UMOJA FOOD STORE 950 FERRY EAST 100.00 524550 HASSAN, AHMED 524554 ALI, NADIR 524559 MUTHANA, SALEH 524569 LUTF, SAEED 524578 POLLACK, DEMAR 524579 524584 524585 524587 524595 524598 524601 524606 524609 524626 524629 524633 524636 524637 524639 524640 524641 524642 NARAIN, EDNA NAGI, JIBRIL ABDULLA, ALAWI LE, TOM BURDINE, WARREN ALAMARI, ABDO SALEM, SAMEER MOZEB, SALEH AGHU, MOTASIM WAGNER, TIMOTHY ORTIZ, VIOLETA KHURSHED, ALI ABUBAKER, AHMED BARKER, MARCI KHULAQI, OBAD ABOBAKR, ALI SIDEBOTTOM, MARK 04/01/2007 RAINBOW MARKET 04/01/2007 METRO FOOD MART 04/01/2007 FILLMORE UTICA FOOD MART 04/01/2007 MYHEEB DELI 04/01/2007 SUNOCO A -PLUS 04/01/2007 DASH MARKETS 04/01/2007 CHIEF NARAIN 04/01/2007 ONE STOP PARTY STORE 04/01/2007 BUFFALO DISCOUNT FOOD MARKET 04/01 /2007 C & E MARKET 04/01/2007 BURDINE'S DELI 04/01/2007 JERSEY FOOD MARKET 04/01/2007 CITY FOOD 04/01/2007 MOZEB'S GROCERY 04/01/2007 ALADDIN MARKET 04/01/2007 SUPER SAVER 04/01/2007 BAYAMON GROCERIES 04/01/2007 GETTY GAS STATION (595 ONTARIO INC) 04/01/2007 WEST SIDE MARKET 04/01/2007 RED APPLE FOOD MART M0329 04/01/2007 CLINTON MINI MART 04/01/2007 CORNER STORE 04/01/2007 YELLOW GOOSE 1021 FERRY EAST 389 FILLMORE 1372 FILLMORE 2289 FILLMORE 1301 HERTEL 1770 HERTEL 914 GENESEE 309 HUDSON 279 JEFFERSON 1930 GENESEE 1440 JEFFERSON 315 JERSEY 711 KENSINGTON 3 LAKEVIEW 1177 HERTEL 1482 BROADWAY 526 BUSTI 595 ONTARIO 255 CAROLINA 1779 CLINTON 1880 CLINTON 2050 CLINTON 117 COLVIN 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 expiresinrange.rpt Report Dt.: 0112212007 FST Appl No. LICENSES EXPIRING FROM 0410112007 TO 0413012007 Expiration Applicant Name Date Bus Name Business Address Page No: 2 Fee 524643 ALOISIO, MARK 04/01/2007 HOLLY FARMS INC. 424 PEARL ST 100.00 524670 RAJEH, HAILA 04/01/2007 HOLLEY FARM MARKET 11 281 DELAVAN EAST 100.00 524675 ALFADEL, ABDON 04/01/2007 QUEEN SHEBA MARKET 426 RHODE ISLAND 100.00 524679 RAJEH, HAILA 04/01/2007 LISBON FOOD MARKET 88 LISBON 100.00 524685 ALABADI, MOHAMED 04/01/2007 MAIN UTICA MARKET 1381 MAIN 100.00 524686 SALEH, JAMEEL 04/01/2007 AROUND THE CLOCK EXPRESS MART 1421 MAIN 100.00 524687 HELMINIAK, DON 04/01/2007 B -KWIK 466 1989 SENECA 100.00 524688 LOMBARDO, JOSEPH 04/01/2007 BUZ -N -BEE 2097 SENECA 100.00 524692 ABDULLA, SALEH 04/01/2007 A & A FOOD MARKET 274 MARYLAND 100.00 524693 SAILANI, SALEH 04/01/2007 CAZENOVIA MINI MARKET 2330 SENECA 100.00 524694 ALOUDI, MANSOUR 04/01/2007 CORNER STOP MINI MART II 445 MASSACHUSETTS 100.00 524697 AL -AWDI, NAIF 04/01/2007 SMH FOOD MARKET 1027 SMITH 100.00 524699 HABIR, AMENEH 04/01/2007 WEBERS MARKET 1436 MICHIGAN 100.00 524701 CANDINO, BART 04/01/2007 FAST STOP FOOD MART 326 MILITARY 100.00 524702 SHAIBI, FADEL 04/01/2007 BIG PASHA MINI MARKET 418 SOUTH PARK 100.00 524703 ALMANSOB, RAFQ 04/01/2007 NIAGARA FOOD PLUS 259 NIAGARA 100.00 524709 GERACE, PETER 04/01/2007 G & G PETROLEUM INC 1543 NIAGARA 100.00 524710 NEWMAN, MICHAEL 04/01/2007 NOCO EXPRESS SHOP 2133 SOUTH PARK 100.00 524720 MOHAMED AMAR, SALEH 04/01/2007 LANGFIELD FOOD MARKET 313 WESTON 100.00 524721 YAFAY, HAMOOD 04/01/2007 TOWNE GARDEN I.G.A. 449 WILLIAM 100.00 524723 GHORAB, MOHSSER 04/01/2007 WILLIAM MINI MARKET 658 WILLIAM 100.00 524724 ALI, NADIR 04/01/2007 CITGO FOOD MART 1624 WILLIAM 100.00 524738 SALEH, SALEH 04/01/2007 LIER'S DELI 897 TONAWANDA 100.00 524740 ALHADIS, SALEH 04/01/2007 PRIME STOP 755 DELAVAN EAST 100.00 524745 BUI, RICHARD 04/01/2007 RICHARD FOOD MART 912 DELAVAN EAST 100.00 524747 AL- SHAMMAM, MOHAMED 04/01/2007 CITY CENTER GROCERY 1531 DELAVAN EAST 100.00 524751 POLLACK, DEMAR 04/01/2007 A PLUS 1390 DELAWARE 100.00 524752 PERRIN, JEANNIE 04/01/2007 EXXON MOBIL OIL CORP 2058 DELAWARE 100.00 524755 PAPP, BEVERLY 04/01/2007 SUNOCO INC (R & M) #7341 2731 DELAWARE 100.00 524766 04/01/2007 SUNOCO INC (R & M) 47550 460 ELMWOOD 100.00 expiresinrange.rpt Report Dt.: 0112212007 FST Appl No. LICENSES EXPIRING FROM 0410112007 TO 041 3012007 Expiration Applicant Name Date Bus Name Business Address Page No: 3 Fee 524768 NEMETH, JAMES 04/01/2007 ELMWOOD- FOREST MOBIL 1137 ELMWOOD 100.00 524769 MUTHANA, AREF 04/01/2007 STEFFIES FOOD MARKET 1592 ELMWOOD 100.00 524786 REILLY, VINCENT 04/01/2007 REILLY'S FINE FOOD MARKET 910 ABBOTT 100.00 524788 REESE, JAMES 04/01/2007 REESE'S CONVENIENT FOOD MKT 1005 ABBOTT 100.00 524789 ALJAMALI, HIZAM 04/01/2007 BILL'S FOOD MART 32 ALLEN 100.00 524790 HUSSEIN, AHMED 04/01/2007 HOLLEY FARM INC 233 ALLEN 100.00 524793 MOHAMOOD, AHMED 04/01/2007 AMHERST FOOD EXPRESS 72 AMHERST EAST 100.00 524794 MOSSA, HUSSEIN 04/01/2007 FOOD PLUS MARKET 414 AMHERST EAST 100.00 524796 KHULAQI, ALI 04/01/2007 FAMILY FOOD MARKET 412 AUBURN 100.00 524799 NASSER, MUSHIN 04/01/2007 M & N MINI MARKET 2360 BAILEY 100.00 524802 TAHER, MOHAMED 04/01/2007 FARM FRESH MARKET 2724 BAILEY 100.00 524804 PRAM, DUNG 04/01/2007 D & T MARKET 2997 BAILEY 100.00 524806 SALEM, SAMEER 04/01/2007 IMPERIAL FOOD MARKET 3039 BAILEY 100.00 524808 KANTRAS, MICHAEL 04/01/2007 BAILEY FISH & SEAFOOD INC. 3316 BAILEY 100.00 524809 ALAWBALI, ABDULLA 04/01/2007 BAILEY EXPRESS MARKET 3343 BAILEY 100.00 524815 ALABBADI, MOHAMID 04/01/2007 CHARLIES FOOD MART 927 BROADWAY 100.00 524818 MOHAMED, SALEH 04/01/2007 SAAD DELI 1069 BROADWAY 100.00 524839 CHANTHAVONG, PIE 04/01/2007 NIAGARA ASIAN MARKET 931 NIAGARA 100.00 524840 IGNATOINSKI, TERESA 04/01/2007 BABCIA'S DELI 1972 CLINTON 100.00 524841 GNABINSKI, KENNETH 04/01/2007 SAVE -A -LOT FOOD STORE 288 ONTARIO 100.00 524846 AFIF, HUSSEIN 04/01/2007 B -RITE MARKET 905 CLINTON 100.00 524848 GRANT, GEORGE 04/01/2007 GRANT'S VARIETY SHOPPE 1055 FERRY EAST 100.00 524849 OMAR, GHALEB 04/01/2007 FAST MART 410 RHODE ISLAND 100.00 524852 ORTIZ, RACHEL 04/01/2007 RACHEL'S DELI 1591 SOUTH PARK 100.00 524853 NASSER, AHMED 04/01/2007 NASHWAN MINI MARKET 173 FERRY EAST 100.00 524856 HOANG, VIET PHU 04/01/2007 DMT FOOD MART 269 WALDEN 100.00 524859 WARDENSKI, ROSEMARIE 04/01/2007 WARDENSKI DELICATESSEN 826 CLINTON 100.00 524860 MUSIAD, MOHSIN 04/01/2007 U.S. QUALITY FOOD MARKET 471 FERRY EAST 100.00 524861 ALI, MOHSIN 04/01/2007 WEST MARKET 1032 WEST 100.00 524865 TRAM, HUNG 04/01/2007 TRAN'S DELI 65 AMHERST ST 100.00 expiresinrange.rpi Report Dt.: 0112212007 FS'T Appl No. LICENSES EXPIRING FROM 04/01/2007 TO 04/30/2007 Expiration Applicant Name Date Bus Name Business Address Page No: 4 Fee 524868 ABDELLATIF, OSAMA 04/01/2007 PIKE'S PEAK MARKET 1318 FILLMORE 100.00 524872 ALAWDI, ABDO 04/01/2007 BAILEY FOOD MARKET 3209 BAILEY 100.00 524873 TRAN, TAM LUONE 04/01/2007 DUCAN GROCERY 2906 BAILEY 100.00 524874 ALSABAHI, AHMED 04/01/2007 ROYAL FOOD MART 1635 GENESEE 100.00 524875 TUYEN, KIM PRAM 04/01/2007 PHU -THAI 356 CONNECTICUT 100.00 524876 KIM, SI YOUNG 04/01/2007 LEE'S ORIENTAL GIFTS & FOOD 3325 BAILEY 100.00 524877 ABDO, ALI 04/01/2007 ALOMARI SUPERETTE 161 DEERFIELD 100.00 524879 ABDALLAH, SALEH 04/01/2007 SUPER SPEED DELI 1815 GENESEE 100.00 524887 MUSED, MOHAMED ALI 04/01/2007 UNITED'S MART 1114 BROADWAY 100.00 524892 NORANI, HESSAM 04/01/2007 CITY GROCERY 1225 HERTEL 100.00 524893 GHOZZO, VIRGINIA 04/01/2007 HERTEL NEWS & TOBACCO 1416 HERTEL 100.00 524900 SLIME, SALVATORE 04/01/2007 RITE PRICE MARKET 2484 DELAWARE 100.00 524902 04/01/2007 WALGREENS #03288 650 DELAWARE 100.00 524906 RIZEK, ALI 04/01/2007 ALLENTOWN FOOD MART 76 ELMWOOD 100.00 524912 MORREALE, ROSALIE 04/01/2007 LA MARINA RESTAURANT AND MARKET 1503 HERTEL 100.00 524914 04/01/2007 WALGREENS #03290 1556 HERTEL 100.00 524916 KAAID, LEEMAH 04/01/2007 HIGH ST DELI 195 HIGH 100.00 524918 TRAN XUAN, MINH 04/01/2007 N M GROCERY 221 HUDSON 100.00 524921 ALMANSOB, MUSLEH 04/01/2007 JEFFERSON FOOD MARKET 1616 JEFFERSON 100.00 524928 RAMADAN, NABIL 04/01/2007 SUPER STOP MARKET 970 KENSINGTON 100.00 524929 GANCI, RICK 04/01/2007 GANCIS EXPRESS FOOD MART 1241 LOVEJOY 100.00 524930 SCALISI, FRANK 04/01/2007 ROSATI IGA STORE 271 LUDINGTON 100.00 524931 SUMIDA, AARON 04/01/2007 ALDI INC (STORE #97) 3060 MAIN 100.00 524932 ELWASEEM, MUSSA 04/01/2007 ELWASEEM MARKET 1534 MAIN 100.00 524933 SAEED, MEHDI 04/01/2007 MAIN FOOD MART 1130 MAIN 100.00 524934 ORLANDO, CAROL 04/01/2007 WALGREENS #03857 3488 MAIN 100.00 524945 NEWMAN, ROBERT 04/01/2007 NOCO EXPRESS SHOP 155 BAILEY 100.00 524950 04/01/2007 SUNOCO INC (R & M) #7204 2075 DELAWARE 100.00 525007 WAGNER, JOHN 04/01/2007 PELLICANO MARKET 475 FARGO 100.00 525008 NOWACZEWSKI, RONALD 04/01/2007 RON'S FRUIT MARKET 541 FILLMORE 100.00 expire.rinrange, rp[ Report Dt.: 0112212007 FST Appl No. LICENSES EXPIRING FROM 04/01/2007 TO 04/30/2007 Expiration Applicant Name Date Bus Name Business Address Page No: 5 Fee 525009 GUERCIO, LOUIS A 04/01/2007 GUERCIO & SONS 250 GRANT 100.00 525248 YAFAI, ALI 04/01/2007 SUPER STOP GAS -N -FOOD 1547 BROADWAY 100.00 526211 SHAH, YASMIN 04/01/2007 FIYA FOOD MART 2021 BAILEY 100.00 526220 ALSAIDI, BELAL 04/01/2007 BIG BOYS FOOD MARKET 1129 FERRY EAST 100.00 526279 LAMOUREUX, PATRICIA 04/01/2007 ECKERD DRUGS #5021 801 TONAWANDA 100.00 526286 LAMOUREUX, PATRICIA 04/01/2007 ECKERD DRUGS #5661 1625 BROADWAY 100.00 526288 LAMOUREUX, PATRICIA 04/01/2007 ECKERD DRUGS 45794 2585 MAIN 100.00 526291 LAMOUREUX, PATRICIA 04/01/2007 ECKERD DRUGS #5813 2175 SOUTH PARK 100.00 526294 LAMOUREUX, PATRICIA 04/01/2007 ECKERD DRUGS #5853 202 UTICA WEST 100.00 526297 LAMOUREUX, PATRICIA 04/01/2007 ECKERD DRUGS 95940 291 FERRY WEST 100.00 526310 04/01/2007 DOLLAR GENERAL #8207 1843 ELMWOOD 100.00 526313 04/01/2007 DOLLAR GENERAL 48177 942 MCKINLEY PKWY 100.00 526314 04/01/2007 DOLLAR GENERAL #8427 315 FERRY WEST 100.00 526315 04/01/2007 DOLLAR GENERAL #8896 1336 HERTEL 100.00 526316 04/01/2007 DOLLAR GENERAL #8960 230 HOLDEN 100.00 526929 AGHA, MAJIDA 04/01/2007 PYRAMID EXPRESS 2183 GENESEE 100.00 526931 PALADINO, CARL 04/01/2007 DOWNTOWN TRADING CO 51 BROADWAY 100.00 526975 04/01/2007 RITE AID #1511 2474 BAILEY 100.00 526976 04/01/2007 RITE AID #1457 1018 BROADWAY 100.00 526978 04/01/2007 RITE AID 4565 452 MAIN 100.00 526979 04/01/2007 RITE AID #2448 1070 GENESEE 100.00 526980 04/01/2007 RITE AID #1194 1941 SENECA 100.00 526982 04/01/2007 RITE AID #499 424 ELMWOOD 100.00 526983 04/01/2007 RITE AID #498 142 GRANT 100.00 526984 04/01/2007 RITE AID 4497 350 NIAGARA 100.00 526986 04/01/2007 RITE AID 43521 1410 DELAWARE 100.00 526987 04/01/2007 RITE AID #1816 845 ABBOTT 100.00 526989 04/01/2007 RITE AID #1962 284 CONNECTICUT 100.00 526992 04/01/2007 RITE AID #1911 2141 FILLMORE 100.00 526993 04/01/2007 RITE AID #1869 756 DELAVAN EAST 100.00 expiresinrangerpt Report Dt.: Oi /22/2007 � j C LICENSES EXPIRING FROM 0410112007 TO 0413012007 1' s rl r Page No: 6 expiresinranga rpt Expiration Appl No. Applicant Name Date Bus Name Business Address Fee 526994 04/01/2007 RITE AID #1807 1224 LOVEJOY 100.00 526996 04/01/2007 RITE AID 91677 476 WILLIAM 100.00 527243 ALI, SHARYAN 04/01/2007 S & A GROCERY AND DELI 1047 GENESEE 100.00 527251 ASAAD, MAZEN 04/01/2007 REHAM ENTERPRISES 523 STARIN 100.00 527256 SAYYED, MARWAN 04/01/2007 AMAL ENTERPRISES 1225 BROADWAY 100.00 527841 RAMOS, PABLO 04/01/2007 EL ULTIMO CHANCE 340 RHODE ISLAND 100.00 528084 YAFAI, ZAID 04/01/2007 YAFA'S GROCERY 1365 SYCAMORE 100.00 528351 ABDELLATIF, LAITH 04/01/2007 SAM'S EXPRESS MART 880 FILLMORE 100.00 .528438 AGHA, MAJIDA 04/01/2007 PYRAMID EXPRESS 1055 GENESEE 100.00 .528449 04/01/2007 DOLLAR GENERAL STORE #9028 338 KENMORE 100.00 528450 JAVAID, SHAHID 04/01/2007 S.J.I. CORPORATION 1770 SENECA 100.00 528864 DAROW, JOHN 04/01/2007 X -CEL PRODUCE 224 ELMWOOD 100.00 528894 SENNETT, JAMES 04/01/2007 FAMILY DOLLAR STORE #3949 2213 NIAGARA 100.00 529079 SALEH, ALI MOHAMED 04/01/2007 CITY LINE GROCERY 860 WALDEN 100.00 529161 MONTES, ESTHER 04/01/2007 MONTES GROCERY & DELI 413 SWAN 100.00 529361 04/01/2007 SAVE -A -LOT 2160 GENESEE 100.00 529362 DO, TY 04/01/2007 O.D.'S FOOD MARKET 882 NORTHLAND 100.00 529368 KAUR, JASVIR 04/01/2007 AMAN ENTERPRISES 650 TONAWANDA 100.00 529393 04/01/2007 FAMILY DOLLAR STORE #4516 1000 HERTEL 100.00 529394 ROZYSKI, WILLIAM 04/01/2007 FAMILY DOLLAR STORE 459 WILLIAM 100.00 529442 ABDULLA, KHALED 04/01/2007 BAILEY MINI MARKET 2594 BAILEY 100.00 529448 FADEL, ABDALLA 04/01/2007 CORNER SHOP MINI MART 4 THOMAS 100.00 529449 HERRWEN, MICHAEL 04/01/2007 FAMILY DOLLAR #4950 1185 GENESEE 100.00 529450 DIETRICK, BILL 04/01/2007 FAMILY DOLLAR 2589 BAILEY 100.00 529451 04/01/2007 FAMILY DOLLAR 438 SOUTH PARK 100.00 529452 GROOMS, VERONICA 04/01/2007 FAMILY DOLLAR 738 DELAVAN EAST 100.00 529453 DUTHE, BILL 04/01/2007 FAMILY DOLLAR #3845 710 KENMORE 100.00 529564 KEDARU, SABRINA 04/01/2007 FAMILY DOLLAR 1909 SOUTH PARK 100.00 529566 04/01/2007 FAMILY DOLLAR 1370 BROADWAY 100.00 529569 ROODE, DAVID 04/01/2007 FAMILY DOLLAR 1307 JEFFERSON 100.00 expiresinranga rpt Report Dt.: 0112212007 FS'T Appl No. LICENSES EXPIRING FROM 04/01/2007 TO 04/30/2007 Expiration Applicant Name Date Bus Name Business Address Page No: 7 Fee 529570 MEJAK, SYLVANA 04/01/2007 FAMILY DOLLAR 670 OGDEN SOUTH 100.00 529571 STEARNS, TODD 04/01/2007 FAMILY DOLLAR 44665 265 FERRY WEST 100.00 529572 04/01/2007 FAMILY DOLLAR #2160 1459 KENSINGTON 100.00 529573 GOSSELIN, WAYNE 04/01/2007 FAMILY DOLLAR 43113 492 GRANT 100.00 529809 GUZMAN, HENRY 04/01/2007 GUZMAN GROCERY 43 YORK 100.00 530401 ALAYAN, LAILA 04/01/2007 ALEX DELI 1164 WEST 100.00 530468 JAY, GREGORY 04/01/2007 PARKSIDE PHARMACY 975 BROADWAY 100.00 530671 FADHEL, DAHAN 04/01/2007 HAMPSHIRE SAVE MORE 250 HAMPSHIRE 100.00 530960 MARIANO, LORENE 04/01/2007 FOOD & BEVERAGE CENTER 1245 BAILEY 100.00 531112 MUSA, NAGI 04/01/2007 STAR MARKET 2116 FILLMORE 100.00 531113 NASSER, HABIB 04/01/2007 SHOP - N - GO 984 JEFFERSON 100.00 531458 ALGUMAEI, MUFEED 04/01/2007 Y & J MINI MARKET 553 AMHERST EAST 100.00 531462 KABALAN, MOUNA 04/01/2007 TONY'S DELI 115 HERTEL 100.00 531463 MICHAELS, BRUCE 04/01/2007 BLACK ROCK BEVERAGES 538 HERTEL 100.00 531832 ABDULLAH, MOHAMED 04/01/2007 MAIN MINI MARKET 2608 MAIN 100.00 532176 MOTHANNA, ABDULLA 04/01/2007 CAZ MINI MART 576 HERTEL 100.00 532178 MUSSA, ALI AHMED 04/01/2007 CITY WIDE FOOD & BEAUTY SUPPLY INC 137 MAPLE 100.00 532421 ABDULLA, OMAR 04/01/2007 FILLMORE MINI MART 2189 FILLMORE 100.00 532426 RHOADES, RHONDA 04/01/2007 DOLLAR TREE #1422 2176 DELAWARE 100.00 532970 HASSAN, AHMED 04/01/2007 SCHOOL MARKET 1358 BROADWAY 100.00 532975 RIZEK, YASIR 04/01/2007 BLACK ROCK FOOD CENTER 442 AMHERST ST 100.00 533168 SAID, ADEL 04/01/2007 LUCKY #1 STORE 405 HAMPSHIRE 100.00 533388 NGUYEN, HUY 04/01/2007 A CHAU ORIENTAL FOOD & GIFTS 833 NIAGARA 100.00 533831 ABSTANI, MOHAMED 04/01/2007 DISCOUNT FOOD MARKET 407 GRANT 100.00 533854 MUTHANA, SALEH 04/01/2007 GOLD STAR GAS MART 1114 GENESEE 100.00 534437 ALASSRI, HAMOOD 04/01/2007 GRIDER FRIENDLY MARKET 389 GRIDER 100.00 534824 SALEH, KASIM 04/01/2007 COMSTOCK DELI & GROCERY 262 COMSTOCK 100.00 535042 ALAWI, NILE 04/01/2007 BILL'S CORNER 318 HAMPSHIRE 100.00 535130 O'BRIENS, JUSTINE 04/01/2007 O'BRIENS 1892 SENECA 100.00 535132 NAGI, ANWAR 04/01/2007 A & M GAS MART 2756 BAILEY 100.00 expiresinrange.rpt Report Dt.: 0112212007 FST Appl No. LICENSES EXPIRING FROM 0410112007 TO 0413012007 Expiration Applicant Name Date Bus Name Business Address Page No: 8 Fee 535143 BUBAK, MOHAMMED 04/01/2007 SYCAMORE VARIETY STORE 977 SYCAMORE 100.00 535152 04/01/2007 FAMILY DOLLAR 44705 1772 BROADWAY 100.00 535193 ABUHAMRA, AHMED 04/01/2007 ELMWOOD BEST MART 239 ELMWOOD SOUTH 100.00 535342 DO, BINH CONG 04/01/2007 B. C. MINI MARKET 1064 SYCAMORE 100.00 535346 ALI, MUSA 04/01/2007 MUSA PARTY EXPRESS 224 VIRGINIA ST 100.00 535526 ALRAHIMI, MAJID 04/01/2007 SUPERMARKET EXPRESS 143 WALDEN 100.00 535761 MUNASSARA, JAMIL 04/01/2007 TRADE FAIR FOOD MARKET 1345 DELAVAN EAST 100.00 535844 ALMAGRABI, MOHAMED 04/01/2007 ALPS EXPRESS MART 1069 FERRY EAST 100.00 536285 ABDULLA, ALAWI 04/01/2007 MID -CITY MARKET 45 KENSINGTON 100.00 536293 ALHARBI, DEEN 04/01/2007 HOTHARA FOOD MART 177 FRENCH 100.00 536534 GUTIERREZ, ERIC 04/01/2007 LITTLE MONEY'S GROCERY 580 NIAGARA 100.00 536801 FADHEL, FATEH 04/01/2007 ONE STOP MART 302 GRANT 100.00 536809 WHITE, CHRISTOPHER 04/01/2007 FAMILY DOLLAR STORES OF NY #6320 400 VIRGINIA ST 100.00 537188 BAGIA, TERRY 04/01/2007 NO LITER MART 294 VERMONT 100.00 537494 ALABADI, MOHAMED 04/01/2007 C & K THE CORNER STORE 630 COLVIN 100.00 537497 SHAUIBEE, ABDULSALAM 04/01/2007 GOLDEN FARM MARKET 1I 1351 KENSINGTON 100.00 537724 ALBARRAN, JOSE 04/01/2007 LOS AMIGOS GROCERY 581 NIAGARA 100.00 537923 SAEED, LUTF 04/01/2007 BETTER BUY MARKET 2005 GENESEE 100.00 537924 FADEL, MUNEAR 04/01/2007 FADEL'S PRIME SHOP 109 GRANT 100.00 537997 ALARAJI, HASHEM 04/01/2007 AL- KADHEMAIN 1044 GRANT 100.00 538140 ABUHAMRA, RANI 04/01/2007 FERRY EXPRESS MART II 669 WALDEN 100.00 538141 ALWASIM, YAQOUB 04/01/2007 BEST DEAL MINI MART 268 AMHERST ST 100.00 538236 OBAID, ADEL 04/01/2007 POTOMAC EXPRESS DELI 188 POTOMAC 100.00 538341 EMRAN, AYED 04/01/2007 DEANNA'S FOOD MART 973 FILLMORE 100.00 538494 ALI, NADIR 04/01/2007 SWAMI PETROLIUM INC 211 NIAGARA 100.00 538586 NASIR, MOHAMMED 04/01/2007 WALDEN CONVENIENT STORE 599 WALDEN 100.00 539003 MUSAID, HAKEEM 04/01/2007 FRIENDLY FOOD MARKET 1326 FERRY EAST 100.00 539038 MOHAMED, ALI 04/01/2007 HATIMY MARKET 216 GRANT 100.00 539113 ALEZI, YOUSIF 04/01/2007 TEXAS GAS CONVIENT MARKET 473 DELAVAN EAST 100.00 539155 PRAM, ANDY 04/01/2007 AN CHAU ASIAN MARKET 3306 BAILEY 100.00 expiresinrange.rpt Report Dt.: 0112212007 LICENSES EXPIRING FROM 04/01/2007 TO 04/30/2007 Page No: 9 FST Expiration Appl No. Applicant Name Date Bus Name Business Address Fee 539161 ALMADHRAHI, QAYES 04/01/2007 QUICK SHOP 1148 FERRY EAST 100.00 539520 ALFENEN, TURKI 04/01/2007 NY GROCERY & DELI 1309 BROADWAY 100.00 539521 BELLOMO, MICHAEL 04/01/2007 FEEL RITE FRESH MARKETS 2141 DELAWARE 100.00 539728 THONGCHANH, LANE 04/01/2007 BOON BEE STORE 591 FARGO 100.00 539940 HAWRAMY, HAMAWAND 04/01/2007 BRIGHT STAR FOOD MART 490 CONNECTICUT 100.00 539950 ELWASEEM, MOHAMED 04/01/2007 DELAVAN DISCOUNT DELI 817 DELAVAN EAST 100.00 540320 MOOSA, MOHAMED 04/01/2007 K1 -MINI FOOD MARKET 3154 BAILEY 100.00 540331 HASSAN, SAMIR AHMED 04/01/2007 WILLERT PARK FOOD MARKET 473 JEFFERSON 100.00 540368 ALODE, AHMED 04/01/2007 THE MARKET 443 TONAWANDA 100.00 540643 AKHTAR, MUHAMMAD 04/01/2007 WALDEN GROCERIES 57 WALDEN 100.00 540644 KAID, FAWAZ 04/01/2007 GENESEE GROCERY & DELI 1522 GENESEE 100.00 540645 FADDELL, ABDULL 04/01/2007 CITY CORNER FOOD PLUS 1538 FILLMORE 100.00 540718 ALI, NADIR 04/01/2007 PUJARI PETROLEUM INC 1266 DELAVAN EAST 100.00 540719 ALHAJ, ABDULLA 04/01/2007 SWAN STREET GROCERIES 357 SWAN 100.00 540720 ALI, MOHSIN 04/01/2007 THE CORNER STORE #1733 1733 GENESEE 100.00 540980 ALABELI, FAWAZ 04/01/2007 EAST FERRY CLOVER FARMS 436 FERRY EAST 100.00 540983 SUMIDA, AARON 04/01/2007 ALDI INC 2090 ELMWOOD 100.00 540984 MOHAMED, NASSER 04/01/2007 O & N MARKET 900 MAIN 100.00 540986 ALDIK, PETTY 04/01/2007 PLYMOUTH GROCERIES 407 PLYMOUTH 100.00 540994 MOHSEN, MOHSEN 04/01/2007 ADEN FOOD MART 1172 BROADWAY 100.00 540995 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 398 DINGENS 100.00 540996 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 975 ABBOTT 100.00 540997 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 1095 LOVEJOY 100.00 540998 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 1971 SOUTH PARK 100.00 540999 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 2406 SOUTH PARK 100.00 541001 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 3428 BAILEY 100.00 541004 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 2065 DELAWARE 100.00 541005 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 959 NIAGARA 100.00 541006 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 460 HERTEL 100.00 541007 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 481 ABBOTT 100.00 expiresinrange.rpt Report Dt.: (1112212007 FST Appl No. LICENSES EXPIRING FROM 0410112007 TO 0413012007 Expiration Applicant Name Date Bus Name Business Address Page No: 10 Fee 541008 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 2275 GENESEE 100.00 541009 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 584 ONTARIO 100.00 541046 SAEED, MOHAMED 04/01/2007 KEY'S FOOD & DEEP DISCOUNT 1517 BROADWAY 100.00 541051 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 171 GRANT 100.00 541106 HOANG, PHUONG 04/01/2007 BARIA DELI 160 DOAT 100.00 541141 ALKHULAQI, MAGED SALEM 04/01/2007 RIVERSIDE MARKET PLACE 740 TONAWANDA 100.00 541146 ALMONTASER, NAGI 04/01/2007 CEDO'S MINI MART 674 HOPKINS 100.00 541206 BEHARRY, STEVE 04/01/2007 TRINIS TROPICAL 1632 JEFFERSON 100.00 541208 AHMED, NASSER 04/01/2007 NORTHLAND GROCERY 322 NORTHLAND 100.00 541216 YAFAI, YOUSEF 04/01/2007 HOLLYWOOD NIGHTS PRIME SHOP 1304 JEFFERSON 100.00 541423 NASSER, ZIAD 04/01/2007 SARA MINI FOOD MART 115 ENGLEWOOD 100.00 541443 ABDELLATIF, TAHER 04/01/2007 BROAD SMITH MART 825 BROADWAY 100.00 541502 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 256 FOREST 100.00 541503 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 782 ELMWOOD 100.00 541504 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 2458 DELAWARE 100.00 541506 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 2078 NIAGARA 100.00 541508 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 601 PROSPECT 100.00 541509 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 304 ELMWOOD 100.00 541510 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 3211 MAIN 100.00 541511 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 281 PARKSIDE 100.00 541512 SHANAHAN, DANIEL 04/01/2007 WILSON FARMS 1540 BROADWAY 100.00 541515 BERNOLAK, GEORGE 04/01/2007 WALTER'S FOOD MARKET 178 THOMPSON 100.00 541838 AHMED, SAAD 04/01/2007 PROGRESS FOOD MARKET 289 HAMBURG 100.00 541845 ALKAATARI, ENTESAR 04/01/2007 SENECA DELI 1199 SENECA 100.00 541895 FADHEL, DAHAN 04/01/2007 NEIGHBORHOOD FOOD MARKET 430 ONTARIO 100.00 541896 MACKIEWICZ, WILLIAM 04/01/2007 FRONTIER BEVERAGE 127 GRANT 100.00 541962 MUANA -MOXI, MANUEL 04/01/2007 GOD IS LOVE LAREFERENCE 468 NIAGARA 100.00 542088 NAGI, ABDO 04/01/2007 WALDEN MINI MARKET 243 WALDEN 100.00 542095 CARUSO, VINCENZO 04/01/2007 CARUSO IMPORTS 1212 HERTEL 100.00 542131 MUFLIHI, ABDULSALAM 04/01/2007 RADFAN MINI MART 139 VERMONT 100.00 expiresinrange.rpt Report Dt.: 0112212007 LICENSES EXPIRING FROM 04/01/2007 TO 04/30/2007 FST Page No: I1 Appl No. Applicant Name Expiration Date Bus Name Business Address Fee 542259 SEREDAY, LEON 04/01/2007 ELMWOOD SUNOCO INC 905 ELMWOOD 115.00 542268 BERMAN, NAGI 04/01/2007 ALNOOR GROCERY 1200 HERTEL 115.00 542379 KOZAKIEWICZ, APRIL LEE 04/01/2007 SHERMAN DELI 819 GENESEE 115.00 542445 TAIRIMOV, ROSHEL 04/01/2007 MUNCHEES PIZZA 212 FOREST 115.00 542530 BAKSHI, KUNDAN 04/01/2007 NAMMON CITGO MART 210 PORTER 115.00 542533 NORTON, CINDY 04/01/2007 DOLLAR GENERAL STORE 4 103 11 827 TONAWANDA 115.00 542537 MUNASSAR, JAMIL 04/01/2007 TRADE FAIR FOOD MART 92 364 EGGERT 115.00 542572 BROWN, ROBERT 04/01/2007 PEE -WEE VARIETY STORE 129 HOLDEN 115.00 542577 AHMED, MOHAMMED 04/01/2007 ZACK MART 260 RHODE ISLAND 115.00 542600 ALBANNA, ALI 04/01/2007 LAKEVIEW MARKET 278 TRENTON 115.00 542603 KENNEDY, JOSEPH 04/01/2007 SPAR'S EUROPEAN SAUSAGE SHOP 405 AMHERST ST 115.00 542866 HASSAN, MOTAHAR 04/01/2007 ISLAND MINI MART 232 FERRY WEST 115.00 543130 ALOMARI, AYISH 04/01/2007 MAIN CONVENIENCE 2248 MAIN 115.00 543206 ELWASEEM, RAID 04/01/2007 VIP FASHION 456 WILLIAM 115.00 543552 MOZAHEM, MUSAID 04/01/2007 JEFFERSON PRIME STOP 155 JEFFERSON 115.00 543615 ALLEN, JAMES 04/01/2007 FASTRAC MARKETS LLC 2751 BAILEY 115.00 543661 ANTONIO, PAUL 04/01/2007 CAMERON'S 24 HOUR STORE 1054 ELMWOOD 115.00 544013 MAJID, ABDUL FAHAH 04/01/2007 LUCKY MARKET II 729 SYCAMORE 115.00 544090 ABDALLA, SAHRO 04/01/2007 HANDI MINI MARKET 398 GRANT 115.00 544261 KING, MICHAEL 04/01/2007 LEXINGTON GENERAL STORE 230 LEXINGTON 115.00 544265 BORGES, FRANCISCO 04/01/2007 BORGES GROCERY STORE 388 PADEREWSKI 115.00 544266 MOHAMED, SADI 04/01/2007 BIG DADDY FOOD & SUPPLIES MARKET 2887 BAILEY 115.00 544421 FADEL, FUAD 04/01/2007 HOPE WAY MARKET 381 BUSTI 115.00 544556 ALMATRAHI, ABDO 04/01/2007 ALMATRAHI MARKET 163 FERRY WEST 115.00 544557 ALMADRAHI, SALEH 04/01/2007 ZIP'S FOOD & BEVERAGE SHOP 896 NIAGARA 115.00 544648 KHULAQI, ALI 04/01/2007 YAFA FOOD MARKET 2140 SENECA 115.00 544649 SAYYED, MARWAN 04/01/2007 MINIMAX EXPRESS 319 MASSACHUSETTS 115.00 544756 AHMED, SALAH 04/01/2007 TWIN CITY MARKET 454 UTICA EAST 115.00 544761 ABDUSLAID, ADNAN 04/01/2007 RIVERSIDE CORNER STORE 550 TONAWANDA 115.00 544762 SINGH, KALA 04/01/2007 SUNOCO A PLUS 1981 FILLMORE 115.00 expiresinrange.rpt Report Dt.: C112212007 LICENSES EXPIRING FROM 0410112007 TO 0413012007 FST Expiration Appl No. Applicant Name Date Bus Name Page No: 12 Business Address Fee 544883 SHAMMAN, AHMED 544884 ABDULMAJID, JABR 544890 ALWAGIEN, AFAF 544922 ALYAZEED, SALEH 544927 HEARD, LEROY 545040 AHMED, SHAWQI 545044 FADEL, RIDHWAN 545125 FAWAZ, MOHAMED 545130 QASEM, FATEHIA 545134 NGUYEN, TIET 545135 HASSAN, MOTAHAR 545153 STEWARD, DOROTHEA 545173 MOHAMED, ALI 545313 ALI, YASMA 343 FST 343 GRAND TOTAL 04/01/2007 LEROY SAVE MORE 04/01/2007 ZACK MINI MARKET 04/01/2007 KEN -SUF MINI MART 04/01/2007 RIVERSIDE STAND 04/01/2007 L & B'S CORNER STORE 04/01/2007 BROADWAY MINI MART & TAKE OUT 04/01/2007 ONTARIO EXPRESS 04/01/2007 HAMPSHIRE EXPRESS 04/01/2007 CITY STYLE 04/01/2007 BAILEY MARKET 04/01/2007 MOE'S CORNER SHOP 04/01/2007 SUNNYSIDE CONVENIENT STORE 04/01/2007 HATIMY MARKET 04/01/2007 MOMMA'S DELI 431 LEROY 115.00 1 ALMA 115.00 1199 KENSINGTON 115.00 778 TONAWANDA 115.00 2235 GENESEE 115.00 535 BROADWAY 115.00 245 ONTARIO 115.00 170 HAMPSHIRE 115.00 1350 FILLMORE 115.00 2999 BAILEY 115.00 754 SYCAMORE 115.00 749 JEFFERSON 115.00 278 GRANT 115.00 2319 MAIN 115.00 expiresinrange.rpt Report Dt.: 0112212007 MFG P Appl No. Applicant Name Expiration Date Bus Name Page No: I Business Address Fee 502304 OMAR, HADI 528896 PERNA, PHILIP 531031 GIANT FOOD, STORES LLC 532170 MOHSIN, ISMAIL 532187 ZIAD, ABDULWAHAB 534827 LEE, SUNG KEUN 538784 HUTCHENS, RICHARD 539110 MAHONEY, SARAH 539953 MARAZZO, CHARLES 540370 ALODE, AHMED 541805 AKHTAR, MUHAMMAD 541837 AHMED, SAAD 541926 ASSABAHI, JAMAL 13 MFP 13 GRAND TOTAL LICENSES EXPIRING FROM 0410112007 TO 0413012007 04/01/2007 O & A THE CORNER STORE 04/01/2007 TOPS MARKET #113 04/01/2007 TOPS MARKETS, LLC 04/01/2007 KINGS DELI 04/01/2007 ZIAD MARKET II 04/01/2007 BROADWAY SEAFOOD STAND #104 04/01/2007 GALLEY DELI LLC 04/01/2007 THE WASHINGTON MARKET 04/01/2007 LATIN A FOODLAND FRESH 04/01/2007 THE MARKET 04/01/2007 WALDEN GROCERIES 04/01/2007 PROGRESS FOOD MARKET 04/01/2007 FRESH MEATS MARKET INC 257 FOREST 150.00 425 NIAGARA 150.00 1275 JEFFERSON 150.00 1445 DELAVAN EAST 150.00 3292 MAIN 150.00 999 BROADWAY 150.00 31 MARINE 150.00 461 ELLICOTT 150.00 250 ELMWOOD 150.00 443 TONAWANDA 150.00 57 WALDEN 150.00 289 HAMBURG 150.00 976 KENSINGTON 150.00 expiresinrange.rpt 41 (Rev. 1/93) Single Page Communication to the Common Councilf , ., fi per; To: The Common Council: Date: January 31, 2007 From: Department of Economic Development, Permit & Inspection Services Division: Type in Upper and Lower Case Only Office of Licenses Subject: [: Food Store License [: 357 Swan (Ellicott) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx C.C.P. xx/xx/xx Text ( Type Single Space Below 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 357 Swan and find that as to form is correct. I have caused an investigation into the premises for which said application for a Food Store License is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: RICHARD M TOBE Type Title: COM ISSIONER Signature of Department Head: RT:MZ:jd CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 142102 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: PAT LONERGAN APPLICATION FOR: SWAN STREET GROCERIES NEW LICENSE 2006 LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 357 SWAN BUSINESS PHONE: 856 -1109 COUNCIL DISTRICT: EL POLICE DISTRICT: APPLICANT NAME: 07 ABDULLA ALRAJ APPL. PHONE: 856 -.1109 APPLICATION NUMBER: 540719 REFERRAL DATE: 08/01/2005 2ND REFERRAL DATE: 09/19/2005 REMARKS: DISAPPROVAL REASON: NEEDS PROPER ZONING (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PR A DATE � 16 DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK MUST BE STATED BELOW'** * **REASON FOR DISAPPROVAL * iw t REMARKS: RM# S -6 EXT INSPECTOR AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS AppSrpz rpt REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. CITY OF BUr'r'AL" OFFICE OF LICENSES 313 CITY HALL BUFFALO NE`0r YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT, POCZKALSKI PLICATION FOR. SWAN STREET' GROCERIES SE 2006 AP NEW LICEN LICENSE TYPE: FOOD STORE 357 SWAN BUSINESS ADDRESS: 856 -1109 BUSINESS PHONE: EL COUNCIL DISTRICT: 07 POLICE DISTRICT: 7 LLA AL" APPLICANT NAME: 856 -1109 APPL. PHONE: 540719 APPLICATION NUMBER: 08/01/2005 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: - �- -- - - - -- w COMP BY AGENCY/DEPARTMENT REFERRED TO) (TO BE DATE: APf RoV!D - DATE: DISAPPROVE DISAPPROVAL DATE: CALL RACK ** *REASON FORDIS APPROVAL MUST BE STATED BELOW * ** REMARKS: RM# - -- ENT INSPECTOR RETURN THIS PLEASE COMPLETE AND A AFTER INSPECTION YOU, REFERRAL OF THE OFFICE OF LICENSES. THANK CITY OF BUFFAL J OFFICE OF LICENSES 313 CITY HALL BUFFALO NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY,/ DEPARTMENT: HOUSING PROPERTY ' REFERRED TO' PAT LONERGAN APPL ICATION FOR: SWAN STREET GROCERIES LICENSE 2006 NEW LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 357 SWAN g56 -11 BUSINESS PHONE: EL COUNCIL DISTRICT: POLICE DISTRICT: 07 ABD 07 ULLA AL" APPLICANT NAME: 856 -1109 APPL. PHONE: 540719 APPLICATION NUMBER: 08/01/2005 REFERRAL DATE: 2ND REFERRAL DATE: 09/19/2005 REMARKS: DISAPPROVAL REASON: NEEDS PROPER ZONING Y` COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) (TO BE COM ATE: A ROV DATE: DISAPPItOVE DISAPPROVA DATE: f '`: CALLBACK . ***REASON FOR DIS APPROVAL MUST_ BE STATED BELOW""" REMARKS: RM# _---- EXT -- ------ INSPECTOR RETURN THIS COMPLETE K YOU. AND Appsr;Pa:pp! AFTER INSPECTION PLEASE REFERRAL OF T HE OFFICE OF LICENSES. THAN OFFICE OF LICENSES 313 CITY HALT.. BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL, RE0UE9T AGENCY 1 DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOIL: SWAN STREET GROCERIES LICENSE TYPE: POOb STORt BUSINESS ADDRESS: BUSINESS PIIONNE; COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: At"' PL. PHONE: APPLICATION NUMBER: REFICARAL DATE: - 357 SWAN 856 -1109 EL 07 ABDULLA ALHAJ 856 -1109 540719 08/01/2005 REMARKS: DISAPPROVAL RtASON: --- O BE COMPLETED BY AGENCY/DEPARTMENT ")FUMED TO) APPROVED DATE J9" DISAPPROVED M315 DISTRICT Cy APPROVED DATE: DISAPPROVED DATE: NEW LICENSE 2006 "'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 4ppSlfp2,rpl CI'T'Y Ur'nur'VALU FOOD STORE AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: SWAN STREET GROCERIES LICENSE TYPE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: OFFICE OF LICENSES 313 CITY HALL BUFFALO NEW YORK 14202 INSPECTION /APPROVAL REQUEST NEW LICENSE 2006 357 SWAN — v 6{" - 856 -1109 EL 07 ABDULLA ALHAJ 856- 1109ltq 540719 s 1 08/01/2005 r (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: Z /-22— E XT RM# AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSl1P2.,p( RESTAURANT {'T16j 851- 4078 _ APPLICATION MUST BE COMPLETED W FULL PHOTO U) ItEQ AT T T OF APPLICATION (PLEASE CHECK I LICENSE- CATEGQRYOPLYWGFOR) P R-y CONFECTIONER. _ A FOOD STORE CS �- - RESiA - URANT TAREOU MENT, FISH & POULTRY Date `T ._ �ph�tHolnc Phase # ��� � �✓.� �'~.°�� ApplicantNa=e fl L> Apphealit Addr S . Town or Village) (State) (ZV) Co- Applrcantl�TauvG Co Applicant Address (fit Towia of Vinw) ( ) (ZP) �'�� DatBIIICO1pOTatC(� CorporahonNatne S' _ � �' j � �-�- � �`' � �S�jahc ofBusiacSs Caitfficato �" Busiurss Nama j / �� Badness Addres {zip) s {qt TavQn o "rVtr) {ma (No,, Stroct) M,0ngAddross (if m=t $,anbuswcss (City, Towst>r��llagc) {Stata) (zip) Business Yhona# J 4 Fax - Sociat Scc�rity # -� State TaxID Nu�bcr - . Ito_ of mploy�ces (Bajcor & Comft oner only) Subsat�bed aad swor�ntu btfo�cmt thi3 - � _..._. ---��� Co�irnissiancr ccds m - andfar -City of Budalo, Ncv� Yatit - - NOW RMUN0 "I•E.APPLICATIIO.N VEE F-vtapQi Applicant Signatiur PETER J. PECORARO ,Qualified iSta d$ Counntty Vlik Comiaion Evires Aup t 11. 20. T :� i . . 1�'' Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated January 31, 2007, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Abdulla Alhaj, located at 357 Swan Street with the following conditions: 1. Loitering /trespassing signs must be posted on the interior and exterior of store. 2. The exterior premises of store must be clean of debris at all times. 3. The store must be closed by l Ipm, 7 days a week. 4. Abdulla Alhaj, (Manager), must be on premises at all times of operation. In the event of a Manager /Owner change, the City of Buffalo Department of Licenses must be informed within 72 hours. 5. The store manager /owner must keep store free of patrons drinking alcohol whether inside or outside on store premises. 6. Violence directly associated with, whether inside or outside the premises at 357 Swan, may result in the immediate suspension or revocation of City of Buffalo Licenses after notice and hearing in accordance with City of Buffalo Code. 7. No gang activity or loitering will be allowed on the premises. 8. All banners, signage lighting and any exterior advertising or interior window advertising must strictly adhere to the City of Buffalo enforced codes. 9. Failure to comply with any of the above conditions may result in the immediate suspension or revocation of City of Buffalo Licenses after notice and hearing in accordance with City of Buffalo Code. Passed. -, c - 2/ 7A PJS:niiv TAwp60\msword \rmv \I 7ac2 -6a. doc *AYE* NO * BONIFACIO DAVIS FONTANA * FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * SMITH [ MAJ - 51 * 9 * 0 [2/3 - 6] [ 3/4 - 71 #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: January 31, 2007 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: [: Used Car Dealer [: 2140 Genesee (Lovejoy) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xx/xx/xx Text ( Type Single Space Below Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 2140 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of James Dingeldey. The attached thereto for James Dingeldey d /b /a Infinity Auto. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. Type Department Head Name: RICHARD M. TOBE Interdepartmental Memo Date: January 31, 2007 To: Richard M. Tobe, Commissioner From: Mary Zizzo, Supervisor of Licenses RE: Common Council Communication Used Car Dealer at 2140 Genesee. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Used Car Dealer application to the Common Council: Ll Zoning Office FA Fire Prevention J Building Inspection F- Police Department 0 Police Record Check 0 Application Supervisor of Lenses Date' CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: INFINITY AUTO LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2140 GENESEE (716) 883 -7400 NI 00 JAMES DINGELDEY (716) 627 -4478 545288 12/11/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED �pPR� DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR ��� �" RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: INFINITY AUTO LICENSE TYPE: USED CAR DEALER (% BUSINESS ADDRESS: BUSINESS PHONE: C0u � t LV lJl \lli 1. L LfJ �.1 \11 : POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2140 GENESEE (716) 883 -7400 Ni 00 JAMES DINGELDEY (716) 627 -4478 545288 12/11/2006 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: - 7 / DISAPPROVED REMARKS: DISTRICT CAPTAIN: DATE: NEW LICENSE 2007 APPROVED DATE: DISAPPROVED 1 ** *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 AppShp2rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: INFINITY AUTO LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2140 GENESEE (716)883 -7400 NI 00 JAMES DINGELDEY (716) 627 -4478 545288 12/11/2006 NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APP O ED DATE >F " DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM # EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU App.Wip2rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF, OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: INFINITY AUTO LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL, DATE: 2140 GENESEE ( 883 -7400 NI 00 JAMES DINGELDEY ( 627 -4478 545288 12/11/2006 NEW LICENSE 2007 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DAT �1 ' DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR f 7, RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2. rpt 0 :715 228 457 .» DOE. ` 2 - DINOELDEY,JAMES,E < 1446 SCHOELLKOPF MO . \ LAKEVIEW «Y 14085 \ SExm ES BR HI E , &y w« « ©« E e E _ ISSUED A23-04 P -147C (Revised 3/96) TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 4n U'\ Where is a $10.00 fee to process this data. By snail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by :money order or cash. Checks are not accepted. Make money orders payable to the Buffalo Police Department. Be sure to include a stamped, self - addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST DE ORIGINAL NAM OF APPLICANT I y !MAIDENNAME SEX RACE CURRENT ADDRESS: DATE OF BIRTH: SOCIAL, SECURITY #: REASON FOR REQUEST: C l `�y U� r �y n 4E y .I'e, SIGNATURE OF APPLICANT DATE ) l State of New York ) County of Erie ) SS. City -of ) On the N day of V p� , 1 0 ( , before me personally a ppeared ' Ya yn C-S DIN , GL d, c j -, to me known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof N� Iid ommissioner of Deeds .... . ..........................-.TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL............... ............................... - VERIFIED BY ._ ->( RECORD ON FILE DATE VERIFIED APPLICATION RELEASE FORM NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED OFFICE UFU(;biv 313 CTIT HALL BUFFALO, NEWYORK 14202 8514078 LICENSE APPLICATION APPLICATION MUST BE COMPLETED IN ]FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCE PTIONS �,�L =XM cmp.CK UCZNM CATEGORY "MY FOR) K U SED DEALER SECO1611AND DEALER GARAGE SALE WHOLESALE JUNK _SCRAP PROCESSOR YAWNBROKER _n MARKET (NO- OF VENDORS—) DEC ZQQ DATZ--=-:� APPLICANT NAME b� <� (d x h APPLICANT HOME PHONE Tc APPLICANT ADDRESS � — (NO STR88'i9 (crryn0WN0&vffAAG&) MrATIC) (Zir) CO APPLICANT NAME co HO ME PHONE CO-APPLICANT ADD 7v) oR. CORPORATION NAME DATE INCORPORATED g - US INESS N BUSINESS ADDRESS --= BUS pMS pRONZ o o AX#_____A"UCANT ROME PHONE— S-jA,TX TAX ID NUMBE LACE BIRTR��PL BIRT YOU A U-& CITIZEN---/-±j— DATE OF OF _�S HAVE YOU EVER BEEN CONVICTED OF A CRME?— k) IF So STATE WHEN, WHERE, f"TURE OF OFFENSE AND DISPOSITION LIST pRUiCIPAL OFFICERS OF CORPORATION (IF APPLICABLE), g4AM) (ADRISS) • (NAME) (ADDRESS) CKAAS) (A,DDAM) (ADDRSW roA v"gRRn1cvR ONLY) GIVE SCHEDULE OF RATES PROPOSED To Be CHARGED -------- NON "FUNDABLE APPLICATION FEE Subscribed sworn to before me 045 Day 0 7jf-- co"mum"is I er City of Buffalo, New York #1 (Rev. 113) Sin 1e Page Communication to the Common Council To: The Common Council: Date: January 12, 2007 From: Department of Economic Development, Permit &Inspection Services Division: Office of Licenses Subject: [: Used Car Dealer [: 1073 Niagara (Niagara) Type in Upper and L Lower Case Only I [: Prior Council Reference: (If Any) [; Ext. (Item No. xxx C.C.P. xx/xx/xx): Text ( Type Single Space Below Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1073 Niagara and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Sabrina Irizarry & Eduardo Perez. The attached thereto for Sabrina Irizarry & Eduardo Perez. d /b /a Cosuma 2. This request is submitted for your approval or whatever action you deem appropriate. G LLL , i a Type Department Head Name: RICHARD M. TOBE / ? C.- Interdepartmental Memo Date: January 12, 2007 To: Richard M. Tobe, Commissioner From: Mary Zizzo, Supervisor of Licenses RE: Common Council Communication Used Car Dealer at 1073 Niagara St. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Used Car Dealer application to the Common Council: Zoning Office Fire Prevention Ll Building Inspection Police Department Police Record Check J Application fi Supervis r of L' ns I I Date CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: COSUMA 2 LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1073 NIAGARA (716) 228 -9576 NI 05 SABRINA IRIZARRY (716) 228 -9576 544969 10/19/2006 CALL BEFORE GOING OUT 2007 HIGH GRASS, WEEDS, PEELED PAINT, JUNK TIRES MUST BE CLEANED UP. (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED N� a DATE: APPROVED DATE: DISAPPIgOVEI� DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS:I XT INSPECTOR` RM 4 l i NEW LICENSE AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: COSUMA 2 LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1073 NIAGARA (716) 228 -9576 NI 05 SABRINA IRIZARRY (716) 228 -9576 544969 10/19/2006 CALL .BEFORE GOING OUT NEW LICENSE 2007 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE' DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR r % I�iL 1 RM11 7 EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU RppSlip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT; FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: COSUMA 2 LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1073 NIAGARA (716) 228 -9576 NI 05 SABRINA IRIZARRY (716) 228 -9576 544969 10/19/2006 CALL BEFORE GOING oUT NEW LICENSE 2007 , (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW` REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsrp2.rpt 12-14-'06 10:54 FROM- l.11 I yr nurr AMIJ U O FFICE F LICE NSES 313 CITY BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COM,Iv1ISSIONER OF POLICE APPLICATION FOR: COSUMA 2 LICENSE TYPE USED CAR DEALER D �f� BUSINESS ADDO)m: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APP1LICANT NAME: APPL. PHONE: APPLICATION NUMBER REFERRAL DATE: REMARKS: 1073 NIAGARA (716) 228 -9576 M 05 SABRWA MIZARRY (716)228.9576 544969 10/19/2006 CALL BEFORE GOING OUT NEW LICENSE 2007 DISAPPROVAL REASON: A Q (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE t a / r, n l I DISAPPROVED DATE: REMARKS: 2 2 l� DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: I 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. App&fipz.rpf P--i'v/C 319r') . ��iA 0 U 1 17 7�1 A S _Cr,RM TO BE}/A !LED TO: Biiffi:flo Police Diepnrtrn.mit -!ell filica Section Franldir Street Buffalo 'L York 14202 There is a $ 10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the W ble mail. In person, payment can be made by.money. order or cash. Checks are not accepted. Make money order p '_a d1he Buffalo Police Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete'A the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application, Without total compliance to these instructions , you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL - , , " - NAME OF APPLICANT , --- ) /-9/,-5jC/.ev , '9 /M AIDEN NAME SEX r RACE � CURRENT ADDRESS: A .6;/V(:° C DATE OF BIRTH: �`SOCIAT SECURITY# REASON FOR REQUEST oe fPr IGNATURE OF APPLICANT DATE STATE OF NEW YORK COUNTY OF ERIE SS. CITY OF BUFFALO A—L On the day of _,aca0before me personally appeared - me known to be the same person described in, and who 'n gL to executed the foregoing instrument ah"cknowledge6the execution thereof. Notary Public / Commissioner of Deeds TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL ** * * * * * * * * * * * * * * * ** VERIFIED BY: 0 RECORD ON FILE DATE VERI NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPE ?'. \. TO: TO WHOM IT MAY CONCERN FROM: LT. JONATHAN W. SCOTT RECORDS BUREAU DATE: 10110106 SUBJ: ARRESTIRECORD CHECK THE BUREAUS ARRESTIRECORDS HAVE BEEN SEARCHED TO DETERMINE IF THE PERSON NAMED BELOW HAS A HISTORY WITH THE TOWN OF TONAWANDA POLICE DEPARTMENT. NAME: EQUARDO.PEREZ D. O. B. SOCIAL SECURITY NUMBER: OUR RECORDS INDICATE THAT THE PERSON NAMED ABOVE DOES NOT HAVE AN ARRESTIRECORD WITH THIS DEPARTMENT. (X) OUR ARRESTIRECORDS INDICATE THAT THE PERSON NAMED ABOVE HAS A HISTORY FOR THE FOLLOWING: (IF NOT LISTED BELOW, SEE REVERSE SIDE) DATE ARRESTED d5 �ae CHARGE own of ACCREDI VTL 402-4 3106102 DISMISSED 5103101 VTL TO: TO WHOM IT MAY CONCERN FROM: LT. JONATHAN W. SCOTT RECORDS BUREAU DATE: 10110106 SUBJ: ARRESTIRECORD CHECK THE BUREAUS ARRESTIRECORDS HAVE BEEN SEARCHED TO DETERMINE IF THE PERSON NAMED BELOW HAS A HISTORY WITH THE TOWN OF TONAWANDA POLICE DEPARTMENT. NAME: EQUARDO.PEREZ D. O. B. SOCIAL SECURITY NUMBER: OUR RECORDS INDICATE THAT THE PERSON NAMED ABOVE DOES NOT HAVE AN ARRESTIRECORD WITH THIS DEPARTMENT. (X) OUR ARRESTIRECORDS INDICATE THAT THE PERSON NAMED ABOVE HAS A HISTORY FOR THE FOLLOWING: (IF NOT LISTED BELOW, SEE REVERSE SIDE) DATE ARRESTED d5 �ae CHARGE DISPOSITION ACCREDI VTL 402-4 TO: TO WHOM IT MAY CONCERN FROM: LT. JONATHAN W. SCOTT RECORDS BUREAU DATE: 10110106 SUBJ: ARRESTIRECORD CHECK THE BUREAUS ARRESTIRECORDS HAVE BEEN SEARCHED TO DETERMINE IF THE PERSON NAMED BELOW HAS A HISTORY WITH THE TOWN OF TONAWANDA POLICE DEPARTMENT. NAME: EQUARDO.PEREZ D. O. B. SOCIAL SECURITY NUMBER: OUR RECORDS INDICATE THAT THE PERSON NAMED ABOVE DOES NOT HAVE AN ARRESTIRECORD WITH THIS DEPARTMENT. (X) OUR ARRESTIRECORDS INDICATE THAT THE PERSON NAMED ABOVE HAS A HISTORY FOR THE FOLLOWING: (IF NOT LISTED BELOW, SEE REVERSE SIDE) DATE ARRESTED CHARGE DISPOSITION 5103101 VTL 402-4 3106102 DISMISSED 5103101 VTL 402 -3 3106102 VTL 1201-A, $50 FINE 5103101 VTL v 306-B 3106102 DISMISSED 5103101 VTL 401-IA 3106102 $50 FINE 5103101 1 VTL 319-1 3106102 DISMISSED (OVER) THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. AN ARRESTIRECORD HISTORY WAS CONDUCTED By NAME ONLY AND IS NOT TO BE MISCONSTRUED AS POSITIVE IDENTIFICATION BY THE TOWN OF TONAWANDA POLICE DEPARTMENT. RECORD SEARCH CONDUCTED BY: CLERK, RECORDS BUREAU TTP 2 10102 H E C C', L E D PAPER, 1 7 C' (1, k E 3 Jh � A �T-5 A — 1 ]D 7 7? A Q 1 ' - 7 1 0 BE )1jl,.eULED TO: Buff flo Police Depa�rtment 4:- '11tifliv2-i sectiol" Franki Street Buffalo , NI—N York 14202 There is a S10.60 fee to process this data. By mail, payment MUST be made by money order. DO NOT selid cash-through the mai In person, payment can be.made by money order or cash. Checks are not accepted. Make money order yableAo the Buffalo Police Department.' Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complet6:bll the info listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions , you WILL NOT receive the requested -information. .ALL SIGNATURES MUST BE ORIGI NAL `NAME OF APPLICANT: ,r t� �Pl- /MAIDEN NAME SEX RACE CURRENT ADDRESS: - ,!Z )(DATE OF BIRTH V!!!!!1!1( 50t: - ?(,SOCIAT SECURITY REASON FOR REQUEST SIGNATURE OF APPLICANT, STATE OF NEW YORK COUNTY OF ERIE SS. CITY OF BUFFALO ,*DATE On the _day of C;It�Lbefore me personally appeared to me known to be the same person described in, and who execute the f6regoing instrument and aclMowledged the execution thereof. Notary Public / Commissioner of Deeds TO BE COMPLETED BY IDENTIFICATION SECTION PERS ONNEL* RECORD ATTACHED VERIFIED BY: DATE VERIFIED NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. At the law office of Thomas J. Eoannou, Cibelis Monegro of 326 S. Park appeared unannounced and gave the following statement: On September 21, `1998, while stopped in my car"at Swan and Michigan, I did allow Eduardo Perez to enter the passenger door of my car. I drove him to his apartment and he exited my vehicle. At this point I followed him up to his apartment yelling at him because I was jealous. We had dated in the past for over two years, and on September 21, 1998 I was jealous because of his relationship with another woman. While we were arguing in his apartment, some other individual not in the apartment, called the police. When the police arrived I gave them a false statement because I was extremely upset with Eduardo Perez. At no time did he threaten me with a knife nor did he attempt to have sexual relations with me. C k 0— 1 D ' Cibelis Monegro ea r - C) and subscribed to me this 2nd day of November, 1998. Notary Public N otary P e Stat i- of IVew !' ®rk. C?ualEtaec� n �r3�� Coun2y � d e , )r1IMiPSi0r, `expires September 8, BUFF POLICE DEPARTMENT CRIMINAL BACKGROUND REPORT ,t DATE OF INQUIRY: J- 0 /06/2006 12:36:1 NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THISEEPOT.',._ NAME: PEREZ, EDUARDO DATE OF BIRTH- RACE: SEX: M ADDRESS: 2747 SHERIDAN DR TONAWANDA, NY 14223 TONAWANDA, NY 14223 SOCIAL SECURITY #: 4 PCN: NYSID: BOOKING /ALIAS NAMES: PEREZ, EDUARDO PEREZ, EDUARDO FAUSTO PEREZRUIZ, EDUARDO RUIZ, EDUARDO WARRANT/WANT INQUIRY — REFER TO WARRANT #: THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND /OR FEDERAL RECORD DATA FILES. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. ARREST DATE REFERENCING AGENCY CHARGE DISPOSITION 611 10/07/1994 BUFFALO POLICE DEPARTMENT 31 4 PL 220.50 03 REFER TO: BUFFALO POLICE DEPARTMENT PL 220.16 01j - ' REFER TO: BUFFALO POLICE DEPARTMENT PL 220.21 01 ..;.; _-0 3, REFER TO: BUFFALO POLICE DEPARTMENT 0/07/1994 BUFFALO POLICE DEPARTMENT VTL 0511 01 REFER TO: BUFFALO POLICE DEPARTMENT V BUFFALO POLICE DEPARTMENT X265.01 02��� REFER TO: BUFFALO POLICE DEPARTMENT L,120.14 01 REFER TO: BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT 01 t4'. REFER TO: BUFFALO POLICE DEPARTMENT 0111011999 BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT 7 1 2 119/1994 BUFFALO POLICE DEPARTMENT �C 5.25 PG 160.55.. PL 018/ 3112002 BUFFALO POLICE DEPARTMENT PL 240.26 01 � 0-, REFER TO: BUFFALO POLICE DEPARTMENT PL 120.00 01 I'd`' REFER TO: BUFFALO POLICE DEPARTMENT NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION N NEEDED, A NEW INQUIRY SHOULD BE MADE. PAGE 'I AT 11 COUNTY or- ERIE OFFICE OF THE DISTRICT ATTORNEY Octob 19 2006 joHN J. DEFRANKS FRANK c , J. CLARK FIRST DEPUTY DISTRICT ATTORNEY DISTRICT ATTORNEY Mr. Eduardo Perez 302 Montrose Avenue Upper Kenmore, NY 14223 Re: People v. Eduardo Perez Indictment/Docket No. 02234-1194 Date of Arrest: 10/7/1994 Dear Mr. Perez: In response to your inquiry, a review of our records indicates that on 10/25/1994, this case was dismissed/not prosecuted by this office. Very Truly Yours, FRANK J. CLARK DISTRICT ATTORNEY BY: T. BUCZE Senior Clerk Typist FRANK J. CLARK DISTRICT ATTORNEY/tsb 225 DELAWAar AVENU - -T 13UFFALo, NEW YORK 14202-3903 -- � TEL: (716) 858-2424. 1-AX. (716) 858-7425 www.erie.gov BUFFALO CITY COURT OF ERIE COUNTY THE PEOPLE OF THE STATE OF NEW YORK VS PEREZ EDUARDO DEFENDANT 169VIRGIL ADDRESS BU NY 14216 --------------------------------------- CITY STATE ZIP NUMBER: 43255 DATE OF BIRTH 007804777K NYSID NUMBER 09/21/1998 -------------------- - - - - -- DATE OF ARREST /ISSUE DOCKET NUMBER: 98F -18981 SUMMONS NO: 110 - 130.35 135.10 120.14 265.01 ------------ - - - - -- ---------------------------------------------------------- ARRAIGNMENT CHARGES CASE DISPOSITION INFORMATION: DATE COURT ACTION 10/30/1998 DISM —DIR JUDGE PART -------------- - - - - -- --- - - - - -- MANZ,D 10A 7& as M I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS COURT. —d -- - - - - -- 03/07/2001 FEE: 5.00 COURT OFFICIAL SIGNATURE AND SEAL DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL.) CERTIFICATE OF DISPOSITION STATE OF NEW YORK KENMORE VILLAGE COURT ERIE COUNTY CRIMINAL PART PEOPLE OF THE STATE OF NEW YORK VS. EDUARDO F. PEREZ; Defendant CASE NO: 0001004 Date of Birth: Ticket Date: 01/09/2000 Disposition Date: 04/11/2000 Section C harged Section Disposed Ticket No & Description Disposition Fine Civil -Fee Surchg VTL 319.1 VTL 319.1 LH9888841 No Insurance Dismissed 0.00 0.00 0.00 VTL 401.1 VTL 401.1 LH988883 0 UN REG Fine 20.00 0.00 30.00 VTL 306b VTL 306b LH988882 6 Unins ected M/V Fine 20.00 0.00 0.00 VTL 509.1 VTL 509.1 LH9888815 Unlicensed Operator Dismissed 0.00 0.00 0.00 VTL 511.1 VTL 511a LH989200 2 FAC UNL OPER 3 Fine 200.00 0.00 30.00 VTL 512 VTL 512 LH989198 0 REGISTRATION REVOKED Dismissed 0.00 0.00 0.00 VTL 402.4 VTL 402.4 LH9891991 Switched plates Dismissed 0.00 0.00 0.00 Upon a proper request for an official statement of disposition, I certify that the above named defendant having appeared before this court was charged as shown above. Each of the charges was disposed of as indicated. Dated: The 10th day of October 2006 Hon. Gruber NOTE: A copy of the request will be filed with this certificate in the case records. CAUTION: This information must not be divulged if the case is sealed or where the defendant has been adjudicated a youthful offender. Order to Seal 160,50 CpL C- I o f Buffalo 1 e i y NEW YORK CITY COURT CITY COURT OF BUFFALO COUNTY OF ERIE The people of the State of New York vs ,P Defendant Add a Date o Arrest Date Precinct Arrest Number Docket # NYSID # `f"O 14 - Date 1 / - 30'0 -7 Judge Presiding n Hon. Charges aq0 . a pct In Ae name ,of the People of the State of New York. ( To the Commissioner of the Division of Criminal Justice Services ( ) To the Commissioner of the Dept. of Correction ( ) the District Attorney of the County of Erie ( To the Police Commissioner of the City of Buffalo ( ) To t he Sheriff of the County of Erie The above - captioned Criminal proceedings having on been terminated in favor of the person named therein in accordance with subdivision 2 of Section 160.50 of the Criminal Procedure Law it is, 0RDE =RED - -- That the provisions of Section 160.50 of the Criminal Procedure Law be complied wi th, t A true extract from the minute y1+' 9 Name: (��_���. UR1 CLERK,i {Signature) Criminal Records Division Address: City Court of Buffalo BUF A�Il0 POLICE DEPARTMENT CRI u5iE �L BACKGROUND REP OR T DATE OF INQUIRY:,,O /06'12006 12:36:( NOTE: THE FOLLOWING CRIMINAL Y REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRS ONLY. ARRESTS BY AGENCIES OU HE CITY OF BUFFALO ARE NOT INCLUDED IN THIS EPCSk NAME: PEREZ, EDUARDO DATE OF BIRTH: 14 t— RACE: SEX: M ADDRESS: 2747 SHERIDAN DR TONAWANDA, NY 14223 TONAWANDA, NY 14223 SOCIAL SECURITY #: 'w`'' wBE PCN: ' NYSID: BOOKING /ALIAS NAMES: PEREZ, EDUARDO PEREZ, EDUARDO FAUSTO PEREZRUIZ, EDUARDO RUIZ, EDUARDO WARRANT WARRANT /WANT INQUIRY - REFER TO #: THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE - USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY ADDITIONALLY, , THE OUTS O POLICE DEPARTMENT CANNOT RELEASE FEDERAL E T RECORDS ORDS FOR ANY OTHER ADDITIGNA , ERIE COUNTY POLICE AGENCY. ARREST DATE REFERENCING AGENCY CHARGE DISPOSITION 0/07/1994 BUFFALO POLICE DEPARTMENT PL 220.50 03��' « b �' t,G . REFER TO: BUFFALO POLICE DEPARTMENT PL 220.16 01s,� REFER TO: BUFFALO POLICE DEPARTMENT PL 220.21 01(x xt { r ,,{ 4r, `` °° REFER TO: BUFFALO POLICE DEPARTMENT " 0/07/1994 BUFFALO POLICE DEPARTMENT VTL 0511 01 REFER TO: BUFFALO POLICE DEPARTMENT 09/21/1998 BUFFALO POLICE DEPARTMENT ' PL 265.01 02t!izl REFER TO: BUFFALO POLICE DEPARTMENT PL 120.14 01 rl REFER TO: BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT ,sd PL 135.10 l�,U�sO ,tip If 'y( > REFER TO: BUFFALO POLICE DEPARTMENT PL 130.35 01 kf "4' 01/1011999 BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT PL 155.25 12/19/1994 BUFFALO POLICE DEPARTMENT PL - 'Y,S� �5� - ,�,p G PG 160.55.. PL 240.20 "~ 08/31/2002 BUFF POLICE DEPARTMENT PL 240.26 01 �`���` � „..rte REFER TO: BUFFALO POLICE DEPARTMENT PL 120.00 01_`x "' ,'`" '* REFER TO: BUFFALO POLICE DEPARTMENT e / � /&0, al- 0 NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAGE: 1 BUFFALO CITY COURT OF ERIE COUNTY NUMBER: 83736 THE PEOPLE OF THE STATE OF NEW YORK VS PEREZ,EDUARDO F --------------------------------------- DEFENDANT 2747 SHERIDAN DRIVE --------------------------------------- ADDRESS TONAWANDA NY 14223 --------------------------------------- CITY STATE ZIP DOCKET NUMBER: 2002ER015037M 1'511;2;;��- - 4V=ZMMFTM89MM6��l - -------------------- - - - - -- DATE OF BIRTH 007804777K -------------------------- NYSID NUMBER 08/31/2002 -------------------------- DATE OF ARREST/ISSUE SUMMONS NO: a 120.00 240.26 ------------------------------------------------------------------------------ ARRAIGNMENT CHARGES CASE DISPOSITION INFORMATION: DATE COURT ACTION JUDGE PART - - - - -- ---------- 09/23/2002 ------------------------------ RESV CAL -------------------- MCLEOD,J - 9A 12/01/2002 D-160.50 MCLEOD,J 9 CHARGES DMISSED AND SEALS NO PUBLIC RECORD I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS COURT. 01/3.0/2007 - ---- - ---------------- - - - - -- --------- FEE: 5.00 COURT OFFICIAL SIGNATURE AND SEAL DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL.) BUFFALO CITY COURT OF ERIE COUNTY NUMBER: 43254 THE PEOPLE OF THE STATE OF NEW YORK VS PEREZ EDUARDO --------------------------------------- DEFENDANT 1 -------------------- - - - - -- DATE OF BIRTH 77 PARKDALE ST. -------------------------------------- ADDRESS BUFFALO NY --------------------------------------- CITY STATE ZIP DOCKET NUMBER: 94M -22984 007804777K -------------------------- NYSID NUMBER 12/19/1994 -------------------- - - - - -- DATE OF ARREST /ISSUE SUMMONS NO: 155.25 ------------------------------------------------------------------------------ ARRAIGNMENT CHARGES CASE DISPOSITION INFORMATION: DATE COURT ACTION JUDGE PART -- - - - - -- ---------------------- - - - - -- -------------- - - - - -- --- - - - - -- 01/31/1995 PGSI CD =1Y CARNEY,P 11A PG 240.20 I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS COUtefi . e ,. 03/07/2001 -------------------------- - - - - -- -- FEE: 5.00 COURT OFFICIAL SIGNATURE AND SEAL DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL.) BUFFALO CITY COURT OF ERIE COUNTY THE PEOPLE OF THE STATE OF NEW YORK VS PEREZ EDUARDO --------------------------------------- DEFENDANT 169 VIRGIL --------------------------------------- ADDRESS BUFFALO NY 14216 --------------------------------------- CITY STATE ZIP DOCKET NUMBER: 99M-00752 NUMBER: 43256 ------------- DATE OF BIRTH 007804777K -------------------------- NYSID NUMBER 01/10/1999 -------------------------- DATE OF ARREST/ISSUE SUMMONS NO: 155.25 ------------------------------------------------------------------------------ ARRAIGNMENT CHARGES CASE DISPOSITION INFORMATION: DATE COURT ACTION JUDGE PART -------- ---------------------------- -------------- - - - - -- --- - - - - -- 03/23/1999 PGSI CD=1Y4 MURPHY,MARGARET 12A PG 240.20 I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS QQY T. 03/07/2001 --/ -------------- ------- FEE: 5.00 COURT OFFICIAL SIGNATURE AND SEAL DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL.) 313 C MRALL B UFFAM NEW YORK 14242 asi -4o�B - LICENSE APPUILCANION APPLICATION MUST EE COMPLETED jN TVLL PHOTO ID HEQUE GATT TM OF A"UCATION QtLEASE CMCLUCM PpyM"M9GOILYAMG701) - 'r USED CAR DEALER SBCONt) AND DEALER P YAOCSSSOR GARAGE SALE WHOLESALE JUNK _� AVgr►BRO�R FLEA MARKET (NO, OF VENDORS, --- -) DATE /Z APPLICANT ROME PHONE 1 r -- APPLICAN T A pr tI ADDRESS r �y (CIT1r/IOw1V QjLvua,AGE) �° CO•APPWANT HoME PHONE CO- APPLICANT NAME• � CO- APPLICANT ADDRESS QQO, STBSST) (CrCY,TOWN 0E. Vl1Y AG8) D AIZINCOAPORATE D CORPORATION NAME sysum xAMn B VSn!isss'AnDRessi FAX# APPLICANT ROME PgO BvsrmsPI�or SjATS TAX U) NUN BEx 7 / , ,26d J-7 - �'e DATE OF BIR IL km OP BIRTg i ( ARE YOU AU S CITIZEN-- - RAVE YOU EVER BEEN CONVICM OF A CRHNE? t ✓d IF, So STATE WMK,.VVM", r4ATURE OF OFBENSE AND DISPOST ION , LIST PRINCIPAL OFFICERS OF CORPORATION (W APPLICABLE], ; (KAM) (ADDRESS), Q"ME) (ADD1tE9s) ��) (ADDRESSI (ADDEEW i WA=) (A,DDRES� (PA "ROKE ONLX) GIVE SCUDULE OF RATES PROPOSED TO.BE CIiARGED R Applicant Siln� Subrcribe4 and sworn, i, o ' before me this ` / � �3 Of " Co»tmusiotcer o eeds i aadfor2he City of Buffalo, New York NON REFUNDABLE APPLICATION FEE #3 Rev -02 y Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I 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: January 26, 2007 in the Department of Economic Development, Permit & Inspection Services Division of Commissioner's Office Sr. Special Assistant to the Commissioner of to the Position of Economic Development, Permit & Inspection Services Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MAXIMUM jEnter Starting Salary) : Starting Salary of $39,168 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME Christopher T. Johnston ADDRESS 103 Highland Avenue CITY & ZIP Buffalo, New York 14222 LAST 4 DIGITS OF SSN. XXX -XX -1158 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 16550001 TITLE CODE NO 0365 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2006 -97 SALARY RANGE OF POSITION $39,168 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Richard Tobe Commissioner J 25, -- 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- EMPLOYEES) 0 35 FROM THE CITY CLERK SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 1/24/07 FROM: DEPARTMENT: City Clerk SUBJECT: [:Notice of Intention - [:Street Naming - Gladys Holmes Blvd. Street located within the [: Frederick Douglas Towers Redevelopment Project [:(CCP #2I -1 /23/07) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx /xx /xx) Per your resolution, this is to advise you that the public hearing for the above item is set and will be advertised for February 20, 2007 at 2:00 p.m. e '1 SIGNATURE DEPARTMENT HEAD TITLE: City Clerk REFERRED T THE COMMITTEE ON LEGISLATION. 2 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 1/24/07 FROM: DEPARTMENT: City Clerk SUBJECT: [:Notice of Intention - [:Street Naming -Mary B. Talbert Boulevard Street located within [: the Frederick Douglas Towers Redevelopment Project [:(CCP #)2- 1/23/07) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx /xx /xx) Per your resolution, this is to advise you that the public hearing for the above item is set and will be advertised for February 20, 2007 at 2:00 p.m. SIGNATURE DEPARTMENT HEAD TITLE: City Clerk F ' TO THE COMMITTEE 0041 LEG i gel M No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor/Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks- Police- L. VAI-OC I e . PAjNV1L0c- j 09 O M Fire- J . 0 - C u � L,- ( Corporation Counsel- Community Services- Economic Development & Permit and Inspection Services- Management Information Systems - J. Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. ff- SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT DIVISION: DATE: January 22, 2007 POLICE SUBJECT: : Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) 1: Item No. Ex. ( Item No. xxx C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE BELOW Laborer I Leonard Valvo assigned to Headquarters has been granted an extension to his medical leave of absence without pay for the period of four months commencing January 13, 2007 through April 13, 2007. HMG /tlo TYPE DEPARTMENT HEAD NAME: H. McCarthy Gerson TYPE TITLE: Commissi SIGNATURE OF DEPARTMENT HEAD: �' 'tz *SSN: XXX — XX ® 3 �Z a -a,, UNIT: * * LAST FOUR (4) DIGITS ONLY" TY PE OF L EAVE EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ MEDICAL Fol FAMILY MEDICAL ❑ MILITARY ❑ PERSONAL ❑ • THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE. DATES OF LEAVE END DATE: RETURN DATE: C_ m LENGTH OF LEAVE: L 1noll) - i N S EMPLOYEE SIGNA E cn APPROVED/ DENIED /APPROVAL CnNnlTinAlFn 110nu CllM0=A,r,rr� POLICE INSPECTOR DAT APPROVED / DENIED / APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQ UIPMENT POLICE COMMISSIONIER s DATE CC: ORIGINAL -ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL BATE: 1 /0/ 0 7 NAME: ��dldan� n VPsIVt� RANK: 1A6191,2klZ SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: DATE: January 19, 2007 POLICE SUBJECT: I: Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) I: Item No. Ex. ( Item No. xxx C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE BELOW Public Safety Dispatcher Karla Rainville assigned to Communications has been granted an extension to her maternity leave of absence without pay for the period of six months commencing January 18, 2007 through July 17, 2007. PO Danielle DiVito assigned to the C- District has been granted an extension to her medical leave of absence without pay for the period of six months commencing January 17, 2007 through July 17, 2007. HMG /tlo TYPE DEPARTMENT HEAD NAME: H. McCarthy Gipson TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P -12e DATE: -- *SSN: = - X •. q4b * * LAST FOUR (4) DIGITS ONLY" UNIT: C M S+lRi J f` TYPE OF LEAVE EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT [] MEDICAL FAMILY MEDICAL D MILITARY ❑ PERSONAL ❑ • THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS: MUST SURRENDER THEIR DEPARTMENTAL WEAPON. RADIO, CAP SPRAY, BADGE, WREATH, S ID CARD PRIOR TO THE START OF THEIR LAVE, FAILURE TO D SO WLL RESU IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING A WOL. EXPLANATION OF LEAVE: DATES_ OF LEAVE_ BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: APPROVED /DENIED/ INSPECTOR APPROVED /DENIED/ 3 F � i .,.:. _ f '�,�' DATE CC_ ORIGINAL — ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LA BOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL *SSN: XXX - XX - '""LAST FOUR (4) DIGITS ONLY UNIT: TYPE OF LEAVE EDUCATIONAL ❑ MATERNITY EMPLOYMENT ❑ MEDICAL ❑ FAMILY MEDICAL ❑ MILITARY PERSONAL ` C] THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF. EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE. FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE: DATES OF LEAVE BEGINNING DATE: END DATE: ° -67 ,r - - ���- ----- RETURN DATE: LENGTH OF LEAVE: 1/ mo',IIA — EMPLOYEE SfGNA - TURE APPROVED I DENIED / APPROV COND/T/ONED UPON SURRENDER OF DEPARTMENTA EQUIPMENT POLICE'CUMMISSIONER DATE CC: ORIGINAL -ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL NAME: �l �C� r-� v I o I RANK: L2 l- # 1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: January 24, 2007 From: Department: Fire Department Division: Administration Subject: [:] Leave of Absence Type in Upper and �. Lower Case Only Prior Council Reference: (If Any) [: Text (Type Single Space:) Be advised that Jaynes Otwell, Firefighter will return from his unpaid Leave of absence effective January 31, 2007. Type Department Head Name: Type Title Signature of Department Head Respectfully submitted Patrick T. Lewis Deptiryy Fire Commis ' ner �- PTL /slk SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January 24, 2007 FROM: DEPARTMENT: Management Information System SUBJECT: [:Leave of Absence without pay [:from permanent positions PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) I am approving a leave of absence without pay for the following employees from their permanent positions, in order to assume a promotion in the department of MIS. Name James Seguin Karen Marshall Thomas Sciolino Kenneth Barnes Daryl Springer Old Title System Support Specialist System Analyst System Analyst System Analyst System Analyst SIGNATUR DEPARTMENT HEAD TITLE: Raj Mehta Director of MIS Wi ll No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor /Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks- Police- Fire- Corporation Counsel- Community Services- Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT DIVISION: DATE: January 30, 2007 POLICE SUBJECT: I : Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) : Item No. Ex. ( Item No. xxx C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE BELOW Report Technician Alpha Collins assigned to the E- District has been granted a medical leave of absence without pay for the period of six months commencing December 22, 2006 through June 22, 2007. HMG /tlo TYPE DEPARTMENT HEAD NAME: H. TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P-12e T I T T T­% r"A r" T A /F DATE: Al RANK: ANK: *SSN: UNIT: LAST FOUR (4) DIGITS ONLY`* TYPE OF LEAVE EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ MEDICAL FAMILY MEDICAL ❑ MILITARY ❑ PERSONAL • THE FAMILY MEDICAL LEAVE I . S A 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF. EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE, FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE AfEMBER AS BEING A WOL EXPLANATION OF LEAVE: „t r)ATI=q OF L EAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: 0 EMPLOYEE SIGNATURE APPROVED / DENIED / APPROVAL CONDITIONED UPON. SURRENDER OFIDEPARTMENTAL EQ UIPMENT ,� POLICE INSPECTOR DATE APPROVE / DENIED / A PPROVAL conbirioNED UPON SURRENDER OF DEPA RTMENTAL EQUIP MENT POLICE COMMISSIONER DATE CC: ORIGINAL — ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION M No. Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Bonifacio moved the approval of the appointments to the position of Council Intern. ADOPTED. #3 (Rev 1 -02) 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: 01/29/2007 in the Department of Division of to the Position of Common Council City Clerk Intern VI Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM jEnter Starting Salary) : Starting Salary o£ $10.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Richard J Morrisroe DATE ADDRESS 198 Anderson PI CITY & ZIP Buffalo, NY 14222 LAST 4 DIGITS OF SSN. XXX -XX- // r 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 TITLE CODE NO BUDGET ACCT. OBJ. PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: 01/30/2007 e _ A SIGNATURE OF APPOINTING OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of January 29, 2007 Common Council University District Intern VI Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non - Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) r- a __- SEASONAL r NON - COMPETITIVE X_ FLAT jEnter Starting Salary) : Starting Salary of $10.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XX -XX -2264 NAME Natasha N. Brown ADDRESS 42 Davidson Avenue CITY & ZIP Buffalo, NY 14215 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10102001 TITLE CODE NO 1775 BUDGET ACCT. OBJ. 412002 PROJ, ID PERSONNEL REQ. NO SALARY RANGE OF POSITION $10.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: January 24, 2007 SIGNATURE OF APPOINTING AUTHORITY: r 4"A 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) #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 �9 Appointment Effective: January, 1 2007 in the Department of Common Council 4 Division of to the Position of Masten District N �a -,-r-' VI Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non - Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) jEnter Starting Salary) : Starting Salary of $10.00 {t7 i t SEASONAL NON - COMPETITIVE * LA I LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX- XX- 07,2(, LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Alonzo Barnes ADDRESS 511 Cambridge CITY & ZIP Buffalo, NY 14215 NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10102001 TITLE CODE NO BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION 10.00 PER YEAR DAY HOUR rZ, REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: 01/1 /07 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) No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. #3 (Rev 1 -02) Certificate of Appointment Q In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: JANUARY 29, 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 jEnter Starting Salary) : Starting Salary of $10.25 LAST JOB TITLE Sr 1st Cl Stationary Engineer NAME Victor A. Burgio LAST DEPARTMENT Buildings DATE 12126/06 ADDRESS 39 Hecla Street LAST SALARY $10.25 CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX -1599 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2006 -43 SALARY RANGE OF POSITION $10.25 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY Daniel E. Kreuz Acting Commissioner of Public Works, Parks & Streets DATE: /2007 SIGNATURE OF APPOINTING AUTHORITY: � uc _ 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) #3 (Rev 1 -02) a�__ 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: JANUARY 27, 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 (Enter Starting Salary) : Starting Salary of: $10.25 LAST JOB TITLE Sr 1st Cl Stationary Engineer NAME Keith M. Rathbun LAST DEPARTMENT Buildings DATE 12/17/06 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 PROJ. ID PERSONNEL REQ. NO 2006 -43 SALARY RANGE OF POSITION $10.25 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: {r NAME OF APPOINTING AUTHORITY: Daniel E. Kreuz TITLE OF APPOINTING. AUTHORITY: Acting Commissioner of Public Works, Parks & Streets DATE: 0108/2007 SIGNATURE OF APPOINTING AUTHORITY:�l a 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) #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 promotion(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: JANUARY 26, 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 jEnter Starting Salary) : Starting Salary oP $10.25 LAST JOB TITLE Sr 1st Cl Stationary Engineer NAME William R. Young LAST DEPARTMENT Buildings DATE 12/19/06 ADDRESS 374 McKinley Pkwy LAST SALARY $10.25 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -7113 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2006 -43 SALARY RANGE OF POSITION $10.25 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY Daniel E. Kreuz Acting Commissioner of Public Works, Parks & Streets DATE: 1108/2007 SIGNATURE OF APPOINTING AUTHORITY: UHIGINAL + 3 GUF Its 1 U: U1 I Y ULtKK (UN /btt Hrrvuv I Mr-IN I uH I t1 OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) / \� Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: JANUARY 25, 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 jEnter Starting Salary) : Starting Salary o£ $10.25 LAST JOB TITLE Sr list Cl Stationary Engineer NAME Alexander Porter LAST DEPARTMENT Buildings DATE 12/19/06 ADDRESS 137 Prospect Avenue LAST SALARY $10.25 CITY & ZIP Buffalo 14201 LAST 4 DIGITS OF SSN. XXX -XX -3356 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2006 -43 SALARY RANGE OF POSITION $10.25 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel E. Kreuz TITLE OF APPOINTING. AUTHORITY: Acting Commissioner of Public Works, Parks & Streets DATE: 01/17/2,007 _ r SIGNATURE OF APPOINTING AUTHORITY: V 1 ORIGINAL + 3 COPIES TO: CITY CLERK ` ON/ FORE PPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SER CES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) # 3 (Rev 01/02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule " A " have been certified or approved by the Department of Human Resources /Civil Service for the Appointment Effective: January 22, 2007 in the Department of Public Works, Parks & Streets Division of Water to the Position of Clerk (Permanent, Provisional, Temporary, Seasonal - (Insert One) : Temporary (Appointment, Promotion, Non - Competitive) - (Insert One) : Appointment Minimum, Intermediate, Max imum, Flat) - (Insert One) : at the: Minimum (Enter Starting Salary) : Starting Salary of: $25,162 Schedule "A" ------------------------------------------------------ LAST JOB TITLE: Complaint Clerk Name - - -[: Wanda L. Strong Howard LAST DEPT.: Complaint DATE: 07/17/06 Address - - -[: 31 Rawlins Street LAST SALARY: $ 25,162 City & Zip - - -[: Buffalo, New York 14211 Last 4 digits of S.S.N.: XXX -XX - 8195 ------------------------------------------------------ LAST JOB TITLE: Name - - -[: LAST DEPT.: DATE: Address --- [ LAST SALARY: $ City & Zip - - -[: Last 4 digits of S.S.N.:XXX -XX- ------------------- --------- -------------------------- LAST JOB TITLE: Name - - -[: LAST DEPT.: DATE: Address --- [ LAST SALARY: $ City & Last 4 digits of S.S.N.: XXX -XX- ------------------------------------------------------ LAST JOB TITLE: Name - - - [: LAST DEPT.: DATE: Address --- [ LAST SALARY: $ City & Zip - - - [: Last 4 digits of S.S.N.: XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE.: - BUDGET ACCT. OBJ..:- SALARY RANGE OF POSITION 411001 Proj ID $ 25,162 - $ 27,847 REASON FOR APPT. ABOVE THE MINIMUM: TYPE NAME OF APPOINTING AUTHORITY Charles A. Masi for Daniel E. Kreuz a TYPE TITLE OF APPT. AUTH. Acting Commissioner DATE ✓° /18/07 530 03501 TITLE CODE NO.: 0010 PERSONNEL REQ. NO.: 2006 -61 PER: YEAR X DAY HOUR SIGNATURE OF APPOINTING AUTHORITY 1 ' ORIGINAL + 3 COPIES TO: CITY CLERK /BEFORE APPOII NT E) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN RESOURCES—/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- -EMPLOYEE(S) No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. ;�-3 # Q2v -102) 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 pr omotion(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 I, Public Works Streets Street Worker Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non- Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM Enter Starting Salary) : Starting Salary of.. $26,779 LAST JOB TITLE NAME Scott M. Dargavel LAST DEPARTMENT DATE ADDRESS 58 Marbeth Ct. LAST SALARY CITY & ZIP Buffalo, NY 14220 LAST 4 DIGIT OF SSN. XXX -XX -6175 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIG ITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG- CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION 1000 TITLE CODE NO 5010 52002601 PROJ. ID 411001 PERSONNEL REQ. NO 2006 -083 26,779- 30,373 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel E. Kreuz, P.E. TITLE OF APPOINTING. AUTHORITY: Acting Commissioner DATE: �t107 F, t 1 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) .• NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON -OFFICIAL COMMUNICATIONS ENTERTAINMENT, INC. January 29, 2007 City of Buffalo Common Council City Hall 65 Niagara Square Buffalo, New York 14202 UU__,4_ Dear Mr. Chairman and Members of the Committee: We understand that the Legislation Committee of the Buffalo Common Council will be hearing arguments against the use of exotic animals in entertainment and traveling exhibitions. Feld Entertainment, Inc. is the world's leading producer of live family entertainment and the parent company of Ringling Bros. and Barnum & Bailey; the most well - known, traveling exhibitor of live animals in the world, with more than 137 years of experience working with a wide array of animals. In light of the inflammatory anti - circus materials from outside animal rights groups that are being presented to the Committee we want to provide you with factual information about Ringling Bros. and its animal care program and practices. Ringling Bros. first performed in Buffalo in 1919 and we have visited more than 50 times since. In 2007 Ringling Bros. three circus productions will be visiting approximately 120 cities annually. A trip to Ringling Bros. circus has long been a treasured part of the American childhood, evoking happy memories of family and fun. The sights, sounds and smells of that first trip to the circus stay with us always. Our shows not only entertain, but also teach the value of teamwork and the important role we all have as caretakers of the animals who share our planet. We pride ourselves on the excellent care that all of our animals receive and the fact that our animals are healthy, thriving, vigorous and content. Ringling Bros. animals live and travel in facilities specifically designed for their comfort and safety, and they have time to exercise and socialize. They consume fresh, nutritious food that is purchased locally and delivered to each performance site. We have a team of veterinarians, veterinary technicians, and animal behaviorists who look to their physical and mental needs daily. Regular activity and daily routines maintain our animals' physical fitness and their constant interaction with other animals and with their handlers enriches both the animals' lives and those of their human partners. In short, we take very good care of all of our animals. All circuses and other traveling exhibitors with animals are required to be licensed by the United States Department of Agriculture (USDA) and are open to unannounced and regular inspections by USDA seven days a week. The USDA frequently inspects licensed exhibitors such as Ringling Bros. to ensure that they at all times comply with requirements of the Animal Welfare Act (AWA), the same law that governs zoos and Ringling Bros. has never been found to have violated the AWA. In addition to federal regulation, our traveling shows are subject to state and local laws governing the care and well being of animals. We are Buffalo Common Council January 29, 2007 Page 2 of 3 regularly inspected in almost every one of the cities we perform in by local animal control agencies, humane associations and state agencies. Such inspections consistently find that Ringling Bros. ' animal care is excellent and meets or exceeds all applicable requirements. The cornerstone of all training at Ringling Bros. and with any reputable zoo, circus and exhibitor, lies in repetition and reward. This method of behavioral conditioning is based on a routine that builds respect and trust between trainer and animal. True animal experts know that a safe and nurturing environment is the only acceptable and successful method of training any animal. In fact the training of exotic animals is at its core no different from the training of dogs, horses and other domestic animals. Performance routines are designed to showcase an animal's physical and athletic abilities, as well as its ability to respond to voice commands. Notwithstanding the propaganda and emotionally charged rhetoric espoused by animal rights activists the facts are that performing animals in general, and at Ringling Bros. in particular, are very well -cared for and treated with care and respect. For us to do otherwise would be both wrong and foolhardy. Ringling Bros. is among the leading experts in the transportation of animals. All of Ringling Bros.' animals travel in custom -built enclosures and carriers that meet or exceed all applicable federal and state requirements. Our circus trains include cars specially- designed for the safe and comfortable transportation of elephants, horses, hoof stock and other animals. The transportation of circus animals typically exceeds not only these standards, but transportation practices and methods used for animals, such as horses and livestock, in other industries. In addition, independent scientific studies of the transportation of circus animals, specifically big cats and elephants, including those traveling with Ringling Bros., have concluded that the animals show no ill effects from transportation. While Ringling Bros. is committed to providing all of our animals with the highest and best standards of care in all respects, it is no secret that much of the debate on the issue of exotic animals is driven by the efforts of various animal rights organizations to remove elephants from zoos and circuses. This is significant not only because of the special place of elephants within our circuses, but also because of the fact that no entity knows more about the proper handling, training, and veterinary care of elephants than Ringling Bros. Moreover, Ringling Bros. continues to do more to preserve and protect the Asian elephant species then any of political activist groups that collect millions of dollars each year to fund legal, political and publicity campaigns against responsible animal caregivers. When it comes to elephants our motto says it all: `Endangered Species? Not if we can help it." Our herd includes 54 Asian elephants, the largest sustainable herd in the Western hemisphere, with approximately 20 actively traveling and performing at any time on our various circus units. The majority are cared for at the Ringling Bros. and Barnum & Bailey Center for Elephant Conservation (CEC) in central Florida. The Ringling Bros. CE is a state -of -the- facility dedicated to the research, reproduction and retirement of Asian elephants and is home to the most successful Asian elephant breeding program outside of Asia having celebrated twenty (20) births since 1992. It is completely funded by Ringling Bros. with a portion of every circus ticket sold going to support our efforts and is staffed by highly - qualified and dedicated individuals. We also care for some of our retired elephants at our Retirement Center in Williston, Florida, where they receive the best in geriatric care. With less than 35,000 remaining in the world Asian elephants are highly endangered and need help to survive in their natural habitat which is under constant pressure and is shrinking. That is why in addition to our breeding program, Ringling Bros. devotes significant financial resources to the conservation of elephants. These funds support crucial conservation and research projects all over world. Further, we regularly work in cooperation with zoos, researchers and other elephant experts on reproduction, conservation and research studies and are pleased to share our wealth of elephant husbandry knowledge with the scientific and conservation communities to achieve our mutual goal of preserving this magnificent species. Buffalo Common Council January 29, 2007 Page 3 of 3 For millions of families, the opportunity to see elephants and other animals up close in a performance setting is a unique and treasured experience. It is well- established that public exhibition of endangered species in zoos and circuses is a crucial aspect of conservation education. The affection and awe that elephants generate among our audiences helps focus attention on the current challenges facing the survival of this species and engenders a respect that no television show or movie can replicate. In fact, independent studies have shown that the opportunity to experience animals up close in an entertainment setting significantly contributes to the public's awareness of and interest in preserving these magnificent animals. This is especially true for children who not only become more aware of the animals and their special needs and abilities, but also experience first hand the importance of caring for and respecting all animals. We hope that the Committee agrees that a circus ban is unnecessary and unjustified. The fact is that PETA, API, HSUS and the other animal rights groups who oppose the circus and advocate such bans are driven not by animal welfare or public safety, but by a philosophical agenda under which nearly all forms of human interaction with animals would be eliminated. That is why they are opposed to animals in circuses notwithstanding the fact that Ringling Bros. animals are among the most well -cared for on earth. We think this is an extreme position that ultimately hurts both animals and people. For millions of families, the opportunity to see rare and exotic animals in a performance setting is a unique and treasured experience. That is what would be lost if such a ban is adopted. Please contact me, or visit www.Ringling.com, if you would like more information about Ringling Bros. and Barnum & Bailey and our animals. Sincerely, Thomas L. Albert Vice President IVFILED Page 1 of 2 Councilmember Bonifacio From: Williams, Lynn (Schumer) [ Lynn _Williams @schumer.senate.gov] Sent: Thursday, January 25, 2007 3:46 PM To: Williams, Lynn (Schumer) Subject: Schumer Calls On US Attorney General To Personally Step In To Resolve Remaining Issues So Shared Border Management Can Move Forward Once And For All Please see below sent out today. As always, please call or e -mail with any questions or comments. Thanks much, c � XCJ, /7Z A deboaah ty��n wiuian2s Western New York Regional Director v /V/ Senator Charles E. Schumer 716 846 4111 No man is good enough to govern another man without that mans consent. (Abraham Lincoln) FOR IMMEDIATE RELEASE January 25, 2007 CONTACT: Joshua Vlasto (202) 224 -7433 SCHUMER CALLS ON US ATTORNEY GENERAL TO PERSONALLY STEP IN TO RESOLVE REMAINING ISSUES SO SHARED BORDER MANAGEMENT CAN MOVE FORWARD ONCE AND FOR ALL With the FBI Having Jurisdiction over Key Law Enforcement Issues at Border Crossings, Schumer Calls on AG Gonzales to Personally Intervene and Meet with Top Canadian Officials to Resolve Outstanding Issues Including Fingerprinting Schumer: There is Room to Make a .deal that Works for All Sides — But We Must Have Key Leaders Engaged Now U.S. Senator Charles E. Schumer today called on United States Attorney General Alberto Gonzales asking him to personally intervene in the Shared Border Management negotiations. Schumer, who has long led the fight to institute shared border management, recently lobbied with both Canadian Security Minister Stockwell Day and Homeland Security Secretary Michael Chertoff to stay focused until a deal is done. Schumer said that any and all outstanding issues, including fingerprinting at the border checkpoint, must be resolved by the appropriate agencies and that, in order to keep recent momentum going, the talks must stay at the highest levels of the departments involved. "The reason we have seen progress these last weeks is because the top -dogs have been talking," Schumer said. "And the only way to keep the momentum going is if it stays that way. There is no doubt that the remaining issues will be difficult to resolve but there is room to make a deal and the only way to 1/25/2007 Page 2 ol do that is to have key players engaged now. The difficulty getting to the finish line has certainly been frustrating, but the discussions are now at the principal level where they must stay until a final agreement has been hammered out." Schumer said that one of the last major remaining issues concerns developing a protocol for travelers coming from Canada who decide not to cross the border after their primary inspection. U.S. practice is to require these travelers to be fingerprinted, but Canadian law prevents border guards from fingerprinting these travelers. "Once it was thought that guns were an insurmountable barrier, at other times people felt the same about information sharing and arrest protocols, but as each government has focused on the details, agreement has been forged. Why? Because Shared Border Management will be a boon to both nations. With the ongoing participation from Minister Day and Secretary Chertoff and now Gonzalez, I know we can do the same for the remaining issues," said Schumer. In just the last month, through dialogue facilitated by Schumer, Canadian and U.S. officials have successfully resolved issues relating to arming border guards, cooperative policing, information gathering and collecting, and arrest procedures, concerns that had bogged down progress for years. Schumer said that the next month will be a critical time for ensuring that Shared Border Management can become a reality. In his letter, Schumer wrote, "To find a resolution, shared border management must be handled at the highest levels of government, and thus I respectfully ask that you both facilitate talks between Secretary Chertoff, Minister Day and any other relevant officials and become involved on behalf of the Department of Justice as necessary." Schumer has led the charge to bring the U.S. and Canadian governments together; lobbying them for years to develop a joint customs and border management plan for Northern Border crossings. Last week, Schumer met with Stockwell Day in his Washington DC office and spoke with Chertoff personally. In September 2006, Schumer announced a new deal between U.S. and Canadian officials that would allow Canadian officers to carry weapons at the check point. In December 2004, Schumer, along with Former DHS Secretary Tom Ridge, announced the initial agreement between the US and Canada to pursue the shared border management model. The shared border management plan will serve as a model for moving people and commerce securely and efficiently across the U.S. - Canadian border. Negotiations continue almost two years since U.S. and Canadian officials first announced the plans to make shared border management a reality. Under the agreement between the U.S. and Canadian governments, it was detennined that there would be two pilot sites for the plan at the Peace Bridge and Alexandria Bay. Under a shared border management plan, all of the U.S. and Canadian border facilities are located on one side of the border. The pilot at the Peace Bridge will involve the re- location of all U.S. primary and secondary border operations for both commercial and passenger traffic from Buffalo to Fort Erie, and in Alexandria Bay, Canadian border functions will be moved to the Watertown side of the border. NUTTEE ON Lr&- , � LL M EN ®� CO YINM , OF V-C.o p oo\ t ( 0"..'Lv�' 1/25/2007 .... bit r' "cl)aitf ... , . verWrig t or E ll rwaig ? by Judy Firracb: Director of the Coalition on blest Val icy Nuclear Wastes The year is 2007 and the City of buffalo's Strategic Plan talks about being careful riot to locate, heavy industry in or too close to residential neighborhoods. Good lesson learned. So why are we even discussing the placement of RiverWright Ethanol on the Buffalo River in the, as the prtsject description calls it - ``lsistoric" l first v'Jar °d? I tliaug'it the idea is to preserve It not threaten to blow it up by placing a business in an historic district; a business that requires an evacuation plan in the event something inside the RiverWright plant were to go wrong. ivlaaybe I don't understand the meaning of "heavy industry ". But any proposed business that plans to produce and have on storage well over 2 millions gallons of this flammable material sounds like heavy industry to me. Run -off of by-products will further contaminate the Buffalo River, a river that is part of our waterfront, something we're committed to cleaning up. in other conrrrrturities across this country ethanol plants it) neighborhoods ha €je been stopped. Forget about the potential smell of fermentation. They're just plain dangerous. Yet the developers of River right say the business will "enhance the c;or unity." Most of the ethanol productions facilities I know about- are planned for more rural settings where they're closer to the vegetatiorn that's the main ingredient in ethanol. liere the attraction is old silos, railroad lines and the remains of bye -gone shipping infrastructure;. An evacuation plan would be required for at least 2.5 miles around the facility with a secondary safety plays for the 2.5 miles surrounding that. A 5-mile radius includes South Buffalo, Lackawanna, West Seneca, Slogan, a substantial amount o the East Side and all of downtown. It also includes the waterfront currently under development. In all honesty, are city and town govern ienits prepared for this? Are we prepare(I for this? I heard one First Ward resident asked the very practical question: What > ilI happens to our homeowner's insurance rates? Will they o up because air edranal plant wrens in? No one r€;preseartirrg River sight lraac; an answer. I'll bet they never even considered such a consequence. hiving in the shadow of fire hazard can't be a good thing. We work hard to take down abandoned buildings before: they because Lire hazards, but suddenly someone cornes tip with an idea to put up a fire hazard and it actually under consideration, Stunning. Anything for jobs. Not so fast. The jobs pay $30,000 a. year, which when you don't have anything coming in snakes a big difference, but there won't be that many of there. 30K isn't .enough to support a family and build a future. It's a paych ck-to -else e B existence. The plant won't be unionized if the owners have anything to say about it so benefits will not be negotiable. Step out of line stets out of a jots. Ethanol production is a big part of Federal and State energy policy. When ethanol production relies on grasses and other cellulose -based material the balance of energy inputs and outputs flavors ethanol. Bart the River Wright plant will rely an corn, at least for the first 5 year, probably Wrens. The ersergy balance using carry is at best a wash, no energy gain. it takes a lest of fossil fuel to grow and transport corn. Beath Buffalo residents opposing; the ethanol plant have stood tap to powerful people with questionable motives. Our neighbors could use support from everyone who sees the folly of this plan. Landowners, Kevin `t "ownsell and Rick Sirrith, along with public servants Congressman briars Higgins and Senator Charles Schumer support the development of River right. Once again we yee a situation where: only-the little guy," and in this case olot of "little women" champion the public interest. The "big guys," quite likely smelling money and power, seem comfortable hoodwinking the public with yet another nifty economic development scheme. Part 11 The other night, in that state of not quiet awake not quite asleep, with the drone of an I P hour TV financial markets news report holding me still slightly conscious, I perked up, opened my eyes and listened umthe reporter said that the price n[ corn keeps rising and that the number of ethanol plants ix expanding rapidly. Who created this demand? lt hit m* that investors iu corn-based ethanol care nothing about sound energy policy or sound agricultural policy. Corn-based ethanol solves nothing. All it does is attract those who are looking for greed opportunities; another opportunity \o take advantage ofa situation that does oothiog reduce carbon emissions, provide renewable sources nf*u*rg/,orprotect the public interest. Investing iocunm-boo*d ethanol production ix purely exploitative. Let's be clear, there's a distinction between corn-based and cellulosic ethanol. Corn-based ethanol is a zero gain based oo energy balance alone (high fossil fuel iupotm/|ovv non-fossil fuel uu¢mt] Corn-based ethanol raises the cost of corn thus increasing the cost of food. It takes corn out of agricultural use and puts it into energy production. Add this in and we're likely coming up with a worse than zero sum scenario. To top it off, if we put all of our corn into ethanol production, we still wouldn't make a dent in our need to produce energy alternatives. Cellulosic ethanol produces mpositive energy hu|uuoo.Tbm amount of carbon or fossil 6a*|that goes Into the production oficellulosic ethanol is less than the arnount of non-fossil fuel that's produced, We want more emurgv coming horn less fossil fuel. VVc want cour�ycoming &nmsources that don`rthrnmeoour food supply. fhe problem is that as good as cellulosic ethanol is pro to be, we haven't figured out how to produce it in a - way that's commercially viable. They have in Brazil where they use sugar care to extract the sugars oecdedin the {eomeu*o1imm process um make the gas, ethanol, 7o the 08`*mdon`( have the climate tngrow sugar cane iu the quantity weneed. And we dont have the knowledge or technology to use what we can grow, like grasses, to produce ethanol to supply a huge market, Cellulosic ethanol is years away and corn is no alternative. We're not ready |nride the ethanol bandwagon, yet the snake oil salesmen are hard mwork trying Ko convince oo that any ethanol is�on��tb000luod��mbouldb�buypyifuom$huooip|uo�mov�o�ok�ooro�i�hhocboudnr�ore specifically, into u neighborhood in South Buffalo. Wirenwe figure out how to produce ethanol from cellulosic material it's possible we'll be able to use the husks from corn, not the corn itself, for ethanol production. Ifithis happens, there will no longer be a pull to move corn away from agricultural uses, the f eding uf cattle that supply meat and dairy products, into the production of a gasoline additive. 'Tit then, those folks who tell you RiverWright Ethanol is good for the economy are forgetting to tell you that what will bring them, large profits not only puts the environment and public safety In harm's way, but also raises the cost ofthe food you need to sustain yourself and your tbmlly, We need economic development rooted in sound public pohcy and free from personal political and financial gain at the public's expense. It's remark-able how often lies are sold in the name of the pnh]io good when io fact the covered truth isoot@*o6 for the public at AL I like tu stand clear uC bullets. l reconurtend keeping our eyes on the bullet arid not letting ourselves be duped by the silver, Let the Common Council know if RiverWright doesn't sit right with you because if its UD1.0 Mayor Brown and Governor Spitzer, BUvcrYVriDhtiudustri lists, not ordinary people, will have the 0oaeroone it's protection. Dcprinted with permission from Buffalo Rocket Part I Jan. 18,9ort2 Jan. 25, '07 'REFERRED TO THE COMMITTE ON LEGISLATION. i 1W 1�. _. C.... 1614t C ? T CITY OF BUFFALO BRIAN C. DAVIS ELLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1408 BUFFALO, NY 14202 -3322 PHONE: 851 -4980 ® FAX: 851 -6576 E -mail: brdavis@city-buffalo.com February 1, 2007 Gerald Chwalinski City Clerk 1308 City Hall Buffalo NY 14202 Re: Application for Food Store License - 357 Swan Street Dear Mr. Chwalinski: COMMITTEES FINANCE, CHAIRMAN BUDGET CLAIMS Please file the attached food store license application that was previously before the Common Council, for consideration at the next Council Meeting. Thank you. BCD:mjj Enclosure Sincerely, Brian C. Davis Ellicott District Councilmember E6 1f 02 Communication is the key for a better tomorrow 1/93) Single Page Communication to the Common Council To: The Common Council: Date: September 29, 2005 From: Department: Permit & Inspections Services Division: Office of Licenses Subject: [: Food Store License [: 357 Swan (Ellicott) Type in Upper and I [ I Lower Case Only I [= Prior Council Reference: (If Any) [ Ext. (Item No. xxx C.C.P. xx/xx/xx): Text ( Type Single Space Below t 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 357 Swan and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: RAYMOND K. McGURN Type Title: COMMISSIO Signature of Department Head: RM:mrz OCT 2005 AGENCY 1 DEPARTMENT: POLICE REFERRED TO: COMMISSIONER. OF POLICE APPLICATION FOR: SWAM STREET GROCERIES LICENSE TYPE: FOOD STORE NEW LICENSE BUSINESS ADDRESS: 357 SWAN BUSINESS PHONE; 856 -1109 COUNCIL DISTRICT:. EL - POLICE DISTRICT: 07 APPLICANT SAME: ABDULLA ALHAJ APPL: PHONE: 856 - 1109 APPLICATION NUMBER: 540719 REEEYJLXL DATE: 08/01/2005 REMARKS: 2006 DISAPPROVAL MASON -' BE COMPLETED BY AGENCY/DErAYtT MXRXED TO) APPROVED DATE- DISAPPRO`V'ED DATE: DISTRACT Cr APPROVED DISAPPROVED DATE: ** *REASON FOP. DISAPPROVAL MUST BE STATED BELOW *�* REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANX VOID - ��'r' city VIC burrAsry OFFICE OF LICENSES 313 CITY HALL R-tjFFALv, rj—eV YORK sue...,_ INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: SWAN STREET GROCERIES LICENSE TYPE: FOOb STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: NEW LICENSE 2006 357 SWAN. -- owk7e ' c 856 -1109 EL 07 ABDULLA ALHAJ 856 -1109 540719 �J 08/01/2005 r (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED . DISAPPROVAL CALLBACK. DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MITS1° BE STATED BELOW*** REMARKS: RM#..P EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU APPSf'PZ rPt AkrLI aAXIOI St IM C PHI 7EEA�E (CKL_TG�NSP-�- TP�R�'�PItYIN�� ": - _ - CONFFCnONER. IWA RESTA [IR-AM a " CA FE30U ST4R I &A°T, FI54 & TOUi. 6 v L L A,p ca tAddre�s 5 ° z C TYumor -MagO C C�9P) - Co- aAF�licantl�IIa� �� - . ( ) � - - _ - ,�,3.F I}ata IncaapoYatcd • Carporattion I�amno C .�IE�Aate ofBasims 0 Yy ' {citt5r,,- Tor"vwmuorVtr) Esser? g Ages s (if Ica btysu►t csS) a sue} Cc > Tom rr ) Cst ) TT �—A S'ta�C'.�a�cIT3Z�wmbGZ _ _ _ - ' - � . - - CBa -Scar dc_CaaTec#iogcr o nfy} - . - rIo_ 561 --y �p P _ / PETER 1. PEmwto t0D A of ��6rpiraAuRuat ?OSIT �N �tEI`L .APIPLICATION i'E N BRIAN C. DAVIS ELLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1408 BUFFALO, NY 14202 -3322 PHONE: 851 -4980 ® FAX: 851 -6576 E -mail: brdavis@city- buffalo.com January 31, 2007 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 Re: National Fuel raising New York delivery service charges Dear Mr. Chwalinski, COMMITTEES FINANCE, CHAIRMAN BUDGET CLAIMS Please file the attached item for further discussion at the next Common Council session to be held February 6,2007. Thank you in advance for your assistance in this matter. Sincerely, Brian C. Davis Ellicott District Councilmember Bcd/il 'TT p 1 ON AN E n 00� )f A uo�yje QL'Ounrt CITY OF BUFFALO r , 41—S, national Fuel January 29, 2007 The Honorable Brian C. Davis Councilmember - Ellicott District Buffalo Common Council City Hall, Room 1408 Buffalo, NY 14202 Dear Councilmember Da is: /, t ,�. 1' I wanted to make you aware of a request that National Fuel Gas Distribution Corporation has made to the Public Service Commission to raise its New York delivery service charges beginning in 2008. The formal request is expected to be submitted on January 29, 2007. For the first time, National Fuel's request includes a significant commitment to several conservation -based initiatives. It also contains an innovative program designed to help low - income customers with money - saving energy audits, rebates and conservation strategies in the context of expanded community outreach. The Utility's Conservation Incentive Program includes significant commitment to advertising and outreach to consumers to educate them about conservation, a rebate offer for the purchase of new, energy efficient equipment and targeted programs, including a new assistance program for low- income customers, all designed to help customers lower their bills. I have enclosed a copy of a news release issued today. As always, if you have any questions, please do not hesitate to contact me at 716- 857 -7780. Regards, Patricia J. Paul Manager, Government Affairs PJP /lem Enclosure NATIONAL FUEL GAS DISTRIBUTION CORPORATION / 6363 MAIN STREET / WILLIAMSVILLE, NY 14221 -5587 NEWS natio=nal Fuel 6363 MAIN STREET /WILLIAMSVILLE, NY 14221/TEL 800 - 634 -5440 www.nationalfuelgas.com _ RELEASE DATE: January 29, 2007 FOR ADDITIONAL INFORMATION PLEASE CALL Julie Coppola Cox (716) 857 -7079 National Fuel's Rate Filing Includes Incentives to Help Customers Conserve Utility Requests New Rates, Conservation Program to be Effective in 2008 (January 29, 2007) Williamsville, New York: National Fuel Gas Distribution Corporation's New York division (the "Utility "), the natural gas utility serving more than 514,000 customers in Western New York, today submitted to the New York State Public Service Commission ( "PSC ") a request to re- design and raise its Delivery Service Charges beginning in 2008. National Fuel Gas Distribution Corporation is a subsidiary of National Fuel Gas Company (NYSE: NFG). If approved in full, the proposed $52 million, or 6.4 percent, increase to total revenues would raise the average customer's monthly budget plan bill by $7.96 in 2008. The Utility's request includes a significant commitment to several conservation -based initiatives that are captured in its proposed Conservation Incentive Program. If approved, the Conservation Incentive Program will result in the Utility making a substantial commitment to running extensive programs promoting the benefits of conservation through education, rebate offers and targeted low - income initiatives. This is only the third rate request the Utility has filed with the PSC since 1995, an accomplishment due largely to its successful cost - containment strategies, including workforce reductions of more than 34 percent since 1996. The Utility's last request to raise its Delivery Service Charges was submitted in August 2004. Typically, a request like this involves an 1I- month review process that includes a series of hearings. Public statement hearings, where customers will have an opportunity to comment on the proposal, will be scheduled by the PSC and held in the Utility's Western New York service area. Ronald J. Tanski, President of the Utility, said that cost containment over the last decade has been successful, keeping its delivery charges to consumers stable. -more- Page 2. National Fuel January 29, 2007 "This rate request reflects increases in necessary business expenses associated with operating and maintaining a safe and reliable pipeline system. Each year, approximately $40 million is invested in system upgrades and replacements on the more than 14,000 miles of pipeline the Utility owns and operates in western New York," Tanski said. "Our commitment to cost containment in all sectors has allowed us to control the Delivery Service component of a customer's bill to the consumer's benefit. Now, with our proposed Conservation Incentive Program, we will work with customers to help them find ways to save on the Gas Cost component of their bills as well. Our plan, if approved, will provide customers with incentives to save energy and money while, at the same time, participating in an effort that can help stem the growing demand for energy, reduce market prices and mitigate the decline of an important natural resource." Major Elements of the Company's Filing: Operating Expenses and Revenue: $ 18.5 million Rate of Return: $ 4.3 million Construction program, Depreciation, Gas Inventory: $ 13.2 million Conservation Incentive Program $ 12.7 million Taxes: $ 3.3 million Total Base Rate Revenue Requirement: $ 52.0 million Proposal Includes a New Conservation Incentive Program Plans like the Utility's proposed Conservation Incentive Program, that fundamentally change traditional utility rate design and offer broad conservation programs, have received support from numerous organizations representing the interests of utilities, elected officials, consumer, conservation, and environmental groups, government agencies and others. -more- Page 3. National Fuel January 29, 2007 The Utility's Conservation Incentive Program, as proposed, includes: • A year -long initiative to promote the benefits of conserving energy. Conservation will help customers save money on their individual energy costs and, in the context of the energy marketplace, will contribute to efforts to reduce demand for natural gas, further helping to bring down market prices. • Rebates of as much as $400 for the purchase of new, energy efficient natural gas equipment and less costly, but effective measures like programmable thermostats. Another component of the rebate program will include customized rebates for small, non - residential customers who install high - efficiency natural gas equipment. A residential customer who upgrades their furnace from a low - efficiency model to a high - efficiency model can save more than $300 per year by using less energy. • Special programs for low - income customers to reduce their consumption of energy and save on their energy bills. The proposed Low Income Usage Reduction and Helping Hands Programs will provide, at no cost, Conservation Starter Kits, heating system safety checks, energy audits, wall and attic insulation, the replacement of heating equipment and other energy conservation services to qualifying low- income customers. These programs will complement the array of other low- income programs the Utility already has in place. Utility Bills Include Two Main Components Customers are reminded that their monthly bill includes the cost of the natural gas itself (Gas Supply Charges) and the cost of having it delivered to their home or business (Delivery Service Charges). The proposed rate increase pertains to the Delivery Service Charge component of the Utility's bill, an element that has remained relatively stable since 1996. Gas Supply Charges are, by law, passed on to customers dollar for dollar, without any mark -up or -more- Page 4. National Fuel January 29, 2007 discount and, in the winter months, can amount to as much 80 percent of a customer's total bill. No utility can influence the cost of natural gas, which is determined in a national, and increasingly international, marketplace where the forces of supply and demand principally determine price. Prices are impacted by events like weather, both during the winter and summer months, availability of supply, the consequences of natural catastrophes like hurricanes, and other things. In recent years, energy costs have been both volatile and at record -high levels. For example, in January 1996, National Fuel's average residential utility customer paid $108.11 for natural gas alone, in January 2001, gas costs rose to a peak of $266.46. Meanwhile, the Delivery Service Charge, which is what will be examined in this rate case, remained stable since 1996, averaging $61.46 for a customer's January bill between 1996 and 2007. Average Costs for Residential Customers in western New York (Costs are based on consumption during normal weather conditions and do not reflect budget plan billing): Service Period Gas Supply Charges Delivery Service Charges Total January 1996 $108.11 $65.16 $173.27 January 1997 $137.11 $67.20 $204.31 January 1998 $91.76 $67.84 $159.60 January 1999 $86.50 $62.87 $ 149.37 January 2000 $93.89 $62.61 $156.50 January 2001 $266.46 $55.27 $321.73 January 2002 $95.61 $58.50 $1_54.11 January 2003 $135.62 $59.79 $195.41 January 2004 $169.20 $59.10 $228.30 January 2005 $172.23 $57.48 $229.71 January 2006 $241.78 $61.50 $303.28 January 2007 $186.39 $60.18 $246.57 -more- Page 5. National Fuel January 29, 2007 About National Fuel National Fuel Gas Distribution Corporation is a regulated utility and is one of the subsidiaries in the National Fuel Gas Company system. The Utility provides natural gas service to more than 514,000 customers in western New York. Additional information about National Fuel (NYSE: NFG) is available at wu -Al.nationalfuel ag s.com or by calling 1- 800 - 365 -3234. Media contact: Julie Coppola Cox 716- 857 -7079 Analyst Contact: Margaret M. Suto 716 -857 -6987 -30- Judith E"inach i I Dublic Comments to CitV oll Buffalo Coiration Council 11 e: Proposed 1"thanol Plant In South Buffialo -to - )Por' o L - i�i�tbt, in a groul-) setting, 1 was abbe to ask the maym ustil�-- his scq L I I asti t'l J proposed ethanol play nt, RiverWright- t. He told me he had "assurances" that the la t would riot be a nolluter. Well I have wail - assurarices" coins ftoni "he most disreputable sources and fina fr rances" from invested parties less than reassuring. Iniao, tbe experiences of Comrnunities in NY State and around the nation where art ethanol plant has been at issue cause me to se.riously doubt"assurances". rhe mkt�,`or also talked about j obs, maybe 60 at $3 5,00 0/year. I am 1100 % tbr creatnig good paying jobs. But sound econounic development does not, equal jobs crIelation. 'Sound econrallic development is anything that improves the well being of resideints in a I community, The mayor mentioned the Si ill that conies with an eflaariol plant. Ile said it will of be a small sniell. I live with small smells from industrial operations. I have the privilegc of having to go indoors awrid close my windows on warm surnirver days when the Sewer Fhavii e e y windows anv - y ernit e-e of it' it los iii Authoril _s si tall smells. have the privil g t of yem when at ticighlbofing business emits pairit flunies that foul the air, tie ethanol plant wall, colistantry foul the air. Small smells do riot itniprove the quality of life, for -fildreir out to play I �A J hen y ou cannot ei1joy your residents. When you, cannot send yc ur cl porch or your ya d, your quality ol is diminished. Diminished quality of life does not r P) fit the def'ruition of s'ound economic developnient. Arid would you welcome evert a smaill ne 'Sn -,I] in your neiighborhood? - it will require an evacuation -t is dan An - hanol plant ocrous. "Me size ol the propose i d pla )a q ( plari 'For a 2.5 infle radius around the in iand a secondary sad"ety plan t the next 2.5 h ethanol, ati - are serious fires associated wit j kr miles around, Every year across this w ion 'there yJ I'l recii.ait- -ratajietl - ia -riolplaritorhap )erwhe,-ietillat 11 'I ese fires have been deadly and necessuivae evacul"I'lions. Who Picks tip the bill for ffie M Are local governrlielits prepared em ergency respo t e� D oes the public -over the cost'. "Ift" economically? Do we have proper facilities in place to -are for evacuated families in the even of wri explosion or catastroplin!dam fi What ffe ct does fiving near a fire hazwrIld have on 'homeowners insurancel The mere fact that these questions can Lie raised spec -Iks to I w irrcsponsible it would- to locate an ethanol plant in a ticioliboehood. L The vast of eth'anol PIMS are, planned - 3or rural areas because At s so Tooiisli to loci rte thein in densely populated neighborl RCgardttess of "assurances" eves al plants are known to add hundreds of totis o f t po-Iftition to the air. The proposed plaint l diesel I nty or will operate round the clock, 1 1 - nave la rin g lights, Create noise and bdrn Ae i J. i.,iii ici: „ C'my- "1ni ents l /30/07 Ethanol P lat - it pc we 2 ei "{C{ l s into tli neighborhood. Mist as west side residents whose a €hr is rates ai'e a'iiii��ng the highest in t nation how diesel particles also e.e have contributed to causing s uch high rates of this preventable illness that on-c otit c ed has no cure. CiIi$Za.. ^ bb£xSE,Yd ethanol production is increasingly bei ng exposed as no w:olutio. t o our energy problerri. Sit it takes so much lossil tuel to grow and - transport corn, the ; l s . i , zsit ? ' E�`i1t;i °- b liii`#c e i s zero r at best a ei. y7 small net t,,ain. 1��re ssur 131 �;�"�� corm industry to shift feed corn into fuel production t akes corn out of agricu l lisi.s attd z n raises its price is causes the price of meat and daity products to rise as the cost of .;p d rs,� ,. Cellulosic ethanol, which comes from grasses an agricul rite, is 1`101 rr � <, s c � z f {� i ## e h i expected to b i'€'ii` me ci�slly viable for another 5 -10 years. Unlike B razil , coft tly tl -at 6­ has p erfected commercial use of cellulosic etha -a nd where ethanol-an sugar cane is the main in{;''eieiif in efhtlii€31, � can grow cane 1F11f11, � because we d t ¢� b� � 4 ��1� {bsi2r'1 io sLiC3i`t 1I. Corn-based effiairol production is §ntlleasii °g1,i acknowled �ed t�. be poor energy C °l� and I�oo ax.gricultuI` policy. SCE we re �,a�.1 1f3.� c9�3�.)d cR.X'Tf33'� £� ��Il built �; iJ K ii , ti u re sid.�`a_fit of South Bti..3.. =.ail and diminishing t1heir utility o $i e for an ethaf of p l an t, - t p or. a D el that is being discredited by the best Milkers° ` Because it is already seen as a discredited iriodel, the pl ant stands a good likelihood of .. 3 lii F ii�ba to sllsfs if its lt. at v i l iise � milli n ?c'�.l�C: ns o 1%'/ ter �3 day, �$ � °'ia� £r3 1 €� polluting by-products into the uff to diver, a river we need to t,lc au p. I t will dirty ithle a ir. It will rower the quality o f life. And it is a bsolutely sta i to l {cate heavy industry 111 a resi dential neighborhood- I f this plarit is allowed to be wilt and fails, as it likely Al fail, the uDlic wi;l be left with hutg e - unpaid water bails., sickened 01,11 ren and ad li s, a further polluted environment, and stilt n'aore d isrespect for local ov ernment. f € o not let your decision be :tiz�itly ated by your concern Ifor your i - putafio "2 €1Cf ono politicians a t higher levels of gov'erarnent who 1 know full we'll support his p 1 je f that is undoubtedly looked upon as benefiting their c reae$is irrespective of how it Nvill irnp ct the p ublic good, Let your decision be motivated by your concern for the real public interest b' i 13 i xt lii �i� J 11 3 ifi {; f1i 1 `i 6 ii i ( this coiraff - unify . C rge you not to �f; prove RivulAlright Ethanol!, n ,. COMMITTEE ���L 'I Lommon VIL'ounrit City of Buffalo JOSEPH GOLOMBEK, JR. NORTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1502 City Hall BUFFALO, NY 1 42 02 -3 3 1 8 PHONE: (716) 851-5116 January 19, 2007 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 RE: Benderson Project Article Dear Mr. Chwalinski: LEGISLATIVE ASSISTANTS TIMOTHY VON DER EMPTEN JOHN FRACOS COMMITTEES COMMUNITY DEVELOPMENT CLAIMS EDUCATION LEGISLATION Please file the attached item for further discussion at the next Common Council session to be held January 23, 2007. Thank you in advance for your assistance in this matter. Sincerely, Joseph Golombek Jr. North District Councilmember _ 7anuary 13, 2007 Sarasota Herat - C uss in ... — V County planners like `new urbanist' changes on Benderson mall plans. By DOUG doug.sword@heraldtribune SARASOTA — For a few hours Friday, Sarasota became the capital of new urbxiism.. A collection of`natioital plan - nirig experts were here to vet Benderson Development's overhaul of its plans for the re- gion's biggest mall during a spe- cial three -hour morning ses- sion before county commis sioners. t STAFF .- „,.... HOW TO REA►CN �, ROBERT ECKHART, Sarasota city editor I (941) 3614962 / robert eckh - _ At 1.9 million aqua' ;e feet, UnV 0 Benderson's_Ut11VerSlty zoides, who has be Town Center remains the - _Poly nears twice come familiar with the area P 1 st �5 same size '° y since landing work two o to help New Col t hat ster plan, of the county's years ag lege develop its ma current bigge mai was one of six planners 1 �� Sarasota Square Mall. The hired by the county. 1 �✓ Also testifying Friday y� project faces an y i ® un- AP -r1 own vnf�s i � retail proiect Looking . around at all the ex- of �Srkway andIntersjtate 75 as tY perts Friday, one county em- es timated that Bender = - es simply too big for congest d as too big of p loyee son and the county were likely thousands of dol- roads an d pos sibly a retailing threat to downtown being charged Lars an hour for the assembled Sara ver the last month, Ste - talent. Two of the experts took the fans P 1 Las Angeles - rede ist opportunity to plug their guru ro•ect to reduce its signed the p 1 books. - Whether the vision of Bend traffic impact. At 1.9 million square feet, the erson' s University Town Cen- "a satellite city” to Saraso project remains the same size that of the coun - ter as will wash with s commission- to be known until Jan. -- nearly twice t 's current biggest mall, Sara - Y Mall. But er won't 23, when the project faces an sofa Square planners say they excited up -or =down vote. In November, commission- PLEASE SEE BENDERSON ON 6B ers rejected an earlier version JOSEPH GOLOMBEK, JR. NORTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1502 City Hall BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5116 January 26, 2007 V"Llom-1-mon Lounrit City of Buffalo Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 N : SmartCode article Dear Mr. Chwalinski: LEGISLATIVE ASSISTANTS TIMOTHY VON DER EMPTEN JOHN FRACOS COMMITTEES COMMUNITY DEVELOPMENT CLAIMS EDUCATION LEGISLATION Please file the attached item for further discussion at the next Common Council session to be held February 5, 2007. Thank you in advance for your assistance in this matter. Sincerely, Joseph Golombek Jr. North District Councilmember ITT REFERRED T ways Buffalo can b nelf t from a form-based ed o n cods By Chuck Banas Our disintegrating urban centers and the congested, fragmented, unsatisfying suburban sprawl of today are not merely result of the free market, nor of senseless greed. They are thoroughly planned to be as they are: the direct result of zoning and ordinances administered by municipal planning departments. Central to the national Smart Growth movement is the realization that existing laws, particularly ordinances and zoning codes, make good planning and development effectively illegal, even if inadvertently so. The resulting need for a better system has produced a relatively new class of code: the form -based code (FBC). Form -based codes have proven far more effective in shaping a high quality built environment because they focus on the appearance of buildings and the streetscape (the physical form), as opposed to conventional zoning, which focuses on land use, density, and arbitrary formulae. Also, form -based codes are written using intuitive graphics and pictures, so they are much easier to understand and simpler to administer. FM 1. Prescriptive, not restrictive. A conventional zoning code is restrictive, specifying what cannot be done. A form -based code is prescriptive, stating what you want, rather than what you don't want. As a result, FBCs can achieve a more predictable physical result. 2. Simple, clear, and intuitive. Average citizens, politicians, and other non - planning professionals find FBCs easier to use and more effective than conventional zoning documents because they are more concise and organized for visual access and readability. FBCs use graphics and photos to explain zoning requirements, instead of arbitrary formulae and lengthy, repetitive text and jargon. As a result, these codes make it easier for community stakeholders to achieve consensus. 3. Eliminates red tape. Adoption of a form - based code involves streamlining and simplifying the development approval process, making it easier for developers to get projects under construction. 4. Attracts investment. Intuitive and easily understandable, an FBC attracts investment by creating a streamlined development process with predictable outcomes. FBCs are helping to spur investment in cities like Milwaukee (WI), Montgomery (AL), and Rochester (NY). These cities are using form - based codes to rebuild downtowns, restore vibrant neighborhoods, and foster a greater sense of place. 5. The community's best qualities are legalized. Under the existing conventional code, many of Buffalo's best -loved neighborhoods are rendered illegal in some way. FBCs work well in established communities because they effectively define and codify a neighborhood's existing "DNA," helping to preserve unique neighborhood character and charm. Vernacular building types can be easily replicated, promoting infill that is compatible with surrounding structures 6. The community's vision is legalized. Like many communities, the City of Buffalo engages in extensive planning and visioning. Yet, despite the time, effort, and expense, plans almost always sit on the shelf, collecting dust. This is because a plan has no legal enforceability. After all, the instrument that shapes development is the zoning code, and conventional zoning often contravenes good planning principles. Unlike conventional codes, FBCs encode into law the type of development the community actually wants. This enables the vision to become reality. ,on,ev e e City of Buffalo Comprehensive Plan, p.58 JOSEPH GOLOMBEK, JR. NORTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1502 City Hall BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5116 January 26, 2007 City of Buffalo Gerald Chwalinski, City Clerk 1302 City_ Nall Buffalo, New York 14202 -*- , Support for Special Police Dear Mr. Chwalinski: LEGISLATIVE ASSISTANTS TIMOTHY VON DER EMPTEN JOHN FRACOS COMMITTEES COMMUNITY DEVELOPMENT CLAIMS EDUCATION LEGISLATION Please file the attached letters for further discussion at the next Common Council session to be field February 6th„ 2007. Thank you in advance for your assistance in this rnarter. Sincere] Joseph Golombek Jr. North District Councilmelnber REFERREr i ,' January 16, 2007 Dear Councilman Golombek, We are writing you to express our support for the Buffalo Special Police. We meet monthly, as you know, and quality of life crimes are generally our largest issue. We Dave had more people leave the area for the quality of life issues than for the murders that have occurred in our area. I know this sounds hard to believe, but it is the day-to-day annoyances of loud music, graffiti, open containers and panhandlers that the residents cannot tolerate. We have a good neighborhood that is on the brink of becoming a bad one- We see efforts on the west and east side pushing a bad element into our area while attempting to clean up their own. We need more help, city wide, to combat the decline of our area- We feel that having uniformed officers on the street as foot patrols would quell a large amount of the quality of life issues. We have been told that the Buffalo Police Department does not have enough officers to offer foot patrols and with new officers coming in they are needed in cars. We agree. We would like to see twice the current number of Buffalo Police Officers but still would want the ground level patrols that the Special Police provide. An officer walking by mid saying hello to people will quickly learn who belongs in a home and who doesn't. They quickly get to know the residents and can spot trouble often before it happens. 'We believe in this so much that we have had citizen patrols of our neighborhood by block club members. We were able to spot and report many things but do not feel we are trained to patrol the streets- The Buffalo Specials have gone through a rigorous training that exceeds the requirements of a l Peace Officer. They are far better qualified to patrol than we are. We are asking for your help and support as our councilman, for the Buffalo Special Police. We have helped raise money to pay their required insurance and believe very strongly that they will make our neighborhood safer, cleaner and a better place to be. It is important for us to have them on the streets city wide, not just in our little area. Crime does not stop or start at borders of neighborhoods. With that, -we ask that you work to gather support of your colleagues in city hall and that we can all unify together to make our city better. Sincerely, Tim Lyman, President Grant-Amherst Block Watchers January 19,2007 Dear Councilman Golornbek We are writing you to voice our support of the Buffalo Special Police (BSP). As you recall, two years ago when we had them foot patrolling up and down our business sector, we had a decrease in crime and people commented to many business owners that their perception of our neighborhood was positively affected- People fell more safe and secure while the BSP were patrolling. Unfortunately, the city charter was revised to require them to be self-insured. While financially we can understand the reasons for this, we regret not -having them patrolling our streets. This is why we have contributed $ 1000.00 towards the cost of their insurance. This is no small sum for our organization, Lout we fee] it is a very worthwhile investment in our city and will pay dividends in the viability of our business district. Beat officers are, in our opinion, one of the best ways to give a community a sense of security and to quell the numerous quality of life crimes that are unnoticed from a patrol car- It is these quality of 'life, crimes that most often lead to residents and business leaving the arm We work hard as volunteers to preserve and strengthen our business district but need more help. We feet that having the BSP on foot patrols as eyes and ears for the Buflklo Police will decrease the level of crime in our area and the city as a whole. We feel we need the help of the BSP to keep our community a safe place to live and do business. It is our understanding that the city police union is officially opposed to allowing the BSP to patrol. We see no logical reason for this opposition. We feel that having the BSP on foot patrols throughout our city can only enhance and augment the efficacy of the paid police department. Further, it is our understanding that the ButTalo Police simply do not have the manpower to offer foot patrols by uniformed officers. However inefficient foot patrols may be as a policing strategy, we nonetheless feel it is effective. The BSP can get results that regular citizens cannot. We are asking for your support and for you to push the city for their full support of the Buffalo Special Police. We feel they are a very important part of the protection the city provides its residents. They have been in existence for many years and we need them patrolling for marry more. Vermy truly you.?; Arz canna D Bison, Secretary rant -Amherst Business Association January 19, ` 007 Couincilinarn Golonnbek, I annn writing you to ask your support. for the Buffalo Special Police. They have been in the city charter since the late 192tf s and are an integral part. of our city's crime prevention efforts. As you know, I am involved in many grassroots community-building efforts. I am frustrated by the proliferation of quality of life crimes. This past Monday morning, my wife and I decided to take the day to spend with our 6- i tionth -old scan. We were going to go out for breakfast: and then to the Niagara Falls Atftuaril unn. W- inking to the car, I discoverer] that vandals had spray painted the brick front . of my building. I had no choice but to clean it. tip because it was still fresh and easier to remove. I use easier cautiously because it took over two hours. My moaning was ruined. I work bard ant] volunteer many hours ant] when I finally get to take some personal time with my fannily, some punk ruins drat. I run very resilient, but feeling that anger and frustration Monday made me question my efforts and decision to stay in the city. If I have doubts, as dedicated as I am, who can blanne the nnnasses that leave every clay? Now perhaps with the Buffalo Specials on patrol, my building would have still been spray painted, but I would unnagnne the vandals wouldn't have been able to graffiti over 15 buildings as they walked down the street that night. They may have not. felt as confident . they were not going to get caught. It is these seenningly little mines that are the biggest issue for those of us stupid or brave enough to still live in the city= We need help! I feel that. the Buffalo Special Police can give the city some of that help. With over 70 officers trained and up to 120 chartered, I feel that we would see significant improvements in quality of life issues. 'We need more eyes and ears on the street level. We all live and nun our businesses on the street level, - we see things that you cannot see or hear from a car. The Buffalo Specials are chartered to be the eyes and cars of the ButTalo Police. They are well tr ained and dedicated to making sloe city a safer place to be. It is unfortunate that the PBA has decides] to tike a stunt] against. the Buffalo Special Police. Their objections that I have heart] border on childish ego trips. The Buffalo Specials are not going to replace the Buffalo Police: they cannot They are there to augment. the Police Department. They are very- much like volunteer firemen who stand beside paid firemen to put out the blaze. We have a blaze of crime and need all the help we can get. I ask that you work to help get the Buffalo Special Police back on the streets. Very tn_ulyctns, Captain Caleb P. Basiliko C'P Basiliko Custom Woodworking 414 Antfrerst, Street, ButIalo, NY 14207 t� Beh mnielte January 19, 2007 Buffalo Common Council c/o City Clerk 1308 City Hall Buffalo, New York 14202 Honorable Councilmembers: 1195 Main Street • Buffalo, NY 14209 -2196 (716) 884 -7791 • Fax (716) 884 -8026 174 Main Street • Hamburg, NY 14075 -4917 (716) 312 -8075 • Fax (716) 312 -8086 www.belmontsbelter.org Thank you for the opportunity to offer input on your recent resolution "Addressing Quality of Life Issues Caused by Irresponsible Tenants and Landlords." First, allow us to commend your efforts to seek out and explore new strategies for improving our area's quality of life. Since decent, affordable housing is an essential part of life in a growing, thriving community, anything that enhances it benefits everyone. Which brings me to our first comment regarding the proposal inspired by Rochester's experience with its Pro - Active program. Should the City of Buffalo move forward with the development of a similar program, we would urge you to make it available to all City tenants and landlords rather than limit it to only those repeatedly involved in housing- related disputes. The real potential of a program of this kind should be measured not just by how many problems it can settle but bow many it can prevent. Even tenants and landlords who have not yet become involved in conflicts would benefit from the preventive education such training would provide. In addition, it would avoid reinforcing the belief that people receiving Social Services benefits as being particularly poor tenants, an inaccurate stereotype that benefits no one. Our other area of concern lies in the actual content of such training classes. Your best opportunity to meet the challenge of generating participation among City residents other than those who you feel the system can compel to attend Iies in offering training that appropriately addresses the realities and needs of this community. Our recommendation would be that, should you choose to proceed with your examination of the Rochester program, it would be wise to ensure that any curriculum you adopt reflects them. Over the past 30 years, our organization has worked with thousands of tenants and landlords, providing similar training designed to improve conduct and attitudes on both sides of the renting relationship. I hope you won't hesitate to call upon us if we can be of any assistance with the development or implementation of this program. You can reach me directly at 884 -2358 Ext. 129. Sincerely, Elizabeth Huckabone �� SLATI o President � S 1 �4 Archele Hundley Sissonville, WV 25360 252- 339 -1135 January 30, 2007 The Honorable Richard Fontana Lovejoy District Common Council Member 1413 City Hall Buffalo, NY 14202 Dear Mr. Fontana: .� ► 1 - I worked on Ringling Bros. and Barnum & Bailey Circus' animal crew from April through June 2006. I grew up around horses, and when I was with Ringling, I primarily cared for the horses and miniature horses. My duties included feeding, watering, cleaning, and grooming the horses; setting up the compounds; and escorting animals on the animal walk. I quit the circus because the animal abuse was too upsetting. The abuse didn't occur every once in a while; it occurred every day. Witnessing this abuse was traumatic and left me a nervous wreck. One incident I will never forget happened during our two -week layover at the Tulsa, Okla., fairgrounds. I observed head elephant trainer Sacha Houcke as he tried to make the elephants lie on their bellies and put up their trunks. One elephant was distressed and kept getting up. Sacha smacked her with a sharp metal bullhook repeatedly behind the ear and on the leg. He hooked her behind the ear, holding the bullhook with both hands, and pulled with all his body weight. When the elephant still did not go down, Sacha then swung the bullhook into the elephant's ear canal like a baseball bat and — grasping the bullhook handle with both hands —again pulled down with all his weight. This incident lasted for approximately 30 to 45 minutes, resulting in severe wounds. The elephant bled profusely from inside her ear and from behind her earflap. Blood was covering the whole side of her face. She squealed in pain three or four times and let out a loud, shrill shriek. It is not just one bad trainer or handler; it's Ringling's culture. Handlers are taught to keep the animals afraid. Instead of reprimanding abusers, management warned handlers not to punish animals in view of the public. When I voiced concerns to Ringling management, I was either ignored or told, "If you don't like it, pack your bags." What few laws exist are not protecting these animals from inhumane treatment. The circus always knows in advance when it is being inspected, and authorities only spend a few minutes on what is basically a guided tour. Whenever the public is not around, the elephants are chained. The animal crew is not allowed to carry cameras because Ringling does not want photos circulating of the elephants while they are chained in the boxcars and at arenas. I have seen horses beaten with leads and slugged in the face and elephants abusively hooked. I have seen many bloody wounds and elephants limp in pain. I urge you to do everything in your power to protect animals from this abuse. Banning exotic- animal acts would bring an end to the mistreatment that I witnessed on a daily basis but was powerless to stop. Sincerely, Archele Hundley RECEIVED AND FILED AA-H-N I I I TM 12.59 MA BA OUIDOOR AWSEMENTRUSINESS-ASSOCUITON, Inr- The Lwgest XafiondTrade association Representing the Mobile AnmementInduary Serving our Membersfor Over 42 years ... 1965 - 2007 TO: Council Member Fontana Buffalo City Council Legislative Committee DATE: January 30, 2007 Fk(: (716) $51-4234 1 NIMM "M in Proposed Ban on Exotic Animals - Meeting at 2 PM Today ' 10 t - - 11 ITT-1747:17- mm MAN a I 17V Please contact me should you or others have any questions. Thank you in advance' for'your review of this document Bob Johnson, President OABA OUT DOOiRAMUSEMEN7'BUSINESS,ASSOCIATION, Inc. 1035 South Semoran Blvd. :Suite 1045 A winter Park, Florida 32792 407-681-9444 oaba@aotcom Fax407-681-9445 RECOVED AND FLED 3-s- AHO 12,09 fih A ni 9M�pOT�YN ON Sl BNOjItvN.,�Mat�� /1�® January 29, 2007 At:n. Council Member Fontana Legislat ve Committee 60ffalo City Council 65 Niagara Square SGffalo, NY Rey: Propesed Ban on EXCUC Animals Dear Legislative Committee Members: via facsimile P.00� /00� We are writing to respectfully urge you to reject proposals to prohibit the use of wild or exotic an mall in performing or traveling shows. Our national trade association represents carnivals, circuses, food and game concessionaires, independent ride owners, circus performers and animal acts (both exotic and domestic animals) and mg nufacturers and suppliers to the outdoor, mobile amusement industry. For over 40 years we have represented some 5,000 members on legislative and regulatory issues affecting the livelihood of members who are predominately small, family business owners_ All animal exhibits, which move in interstate commerce or are open to the public, are required to be licensed by the U.S. Department of Agriculture (USDA) under the federal Animal Welfare Act (AWA). The AVIA is administered by the USDA through the Animal Care Division of the Animal Plant and Health inspection Service (APHIS). There are extensive regulations, which govern the housing, care and transport of animals held by licensees and these exhibitors are subject to routine unannounced inspections by APHIS ins aectors. in addition, circuses, zoos and other animal exhibitions are often subject to state and/or local rules, permitting and license requirements and are subject to local animal welfare laws. Circuses and fairs, many of which employ exotic animal acts, provide much needed education and "9 -rated" entertainment for millions of families. Unfortunately, animal acts have become a target of activist groups who conjure -up fictitious arguments to deprive our patrons from enjoying and learning more about the - ;e arrazing animal performers. Their agendas are not limited to performing animals and often extend to oth ext ibitions such as rodeos, cattle ranching, fishing and hunting. While we believe in — and support -- sound laws and regulations to promote animal welfare and pro all animals, we also believe In the public's right to experience exotic animals in circuses, zoos fairs and another traveling exhibits and the right of our exhibitors to pursue their livelihood. We hope you will reject the proposed ban as an extreme solution to a problem that does not exist. We would be happy to provide you with additional information on the care and well being of exhibition animals. Should you or your staff have any questions, you may contact me at 1-300- 517 -5222. Sincerely, Ro be rt Jo Rot ert W. Johnson President Outdoor Amusement Business Association, Inc. 1035 S. Semoran Blvd #1045A . Winter Park, .FL 32792 407- 681 -9444 " fax 407 -681 -9445 ` 1- 800 - 517 -OASA gaba@aol.com * www.oaba.org Environmental Restoration Program (ERP) Site No. R- 00164 -9 INTRODUCTION New York State Department of Environmental Conservation (DEC) and the Niagara Frontier Transportation Authority (NFTA) are pleased to announce that construction has started on Buffalo Outer Harbor's Greenbelt site. The Greenbelt project is a proposed 90- foot -wide green space to extend along approximately 6,600 feet of the Lake Erie Buffalo Outer Harbor shoreline, from the former Pier Restaurant to the Terminal `B" Building of Buffalo's old port facilities. Cleanup work on the site is being performed under the New York State 1996 Clean Water /Clean Air Bond Act "Environmental Restoration Program" (ERP). Through the ERP, DEC provides Michigan Avenue S1 financial assistance to local governments for the cleanup and restoration of brownfield sites. A brownfield is a o� property that is unused, abandoned, or idle due to the presence of real or perceived environmental contamination. W v c� J N, Brownfield sites often have an industrial history. Greenbelt Additional funding for this project was made available by New York State Department of Transportation, and the Federal Highway Administration's Safe, Accountable, Flexible Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU) Program. Close to 14 million dollars in funding have now been invested in this shoreline improvement project. Once constructed, the Greenbelt will offer a new opportunity for the public to enjoy a scenic section of Lake Erie's waterfront that was previously inaccessible. The project includes constructing a paved recreational path for public use along the shoreline for walkers, bikers,- etc. hi addition, the project includes ecological improvements such as the creation offish habitat and landscaping with native plants to attract local wildlife and provide an improved natural setting. SITE BACKGROUND The project area, owned by the NFTA, occupies a significant length of the Buffalo Outer Harbor shoreline. NFTA also owns the adjacent 120 acres of adjacent land. Nearly all of the NFTA - owned properly is land that has been reclaimed from Lake Erie using fill material. The fill material is composed mostly of sediments dredged from the Buffalo Outer Harbor area that were disposed of at the site from the mid- 1800's to the mid- 1960's. The fill material contains various metals and other environmental contaminants. NFTA filed a funding application with DEC for the Greenbelt Remediation Project under New York State's Environmental Restoration Program (ERP). The project provides for engineering design and construction of shoreline protection in accordance with a Record of Decision issued by DEC in early 2002, which addressed shoreline improvements. In 2004, the Record of Decision was modified to include a greater portion of the existing shoreline. Changes in the New York State legislation also increased ERP funding for the project. Completed in 2006, the shoreline design includes the addition of fish habitats and native plant landscaping. A Public Information Session was held on Thursday, May 11, 2006 at Erie County Community College's downtown campus to give interested citizens and groups an opportunity to learn more about project plans for the site. PROJECT HIGHLIGHTS AND DETAILS Construction on the project began in the fall of 2006 and is expected to last through late 2007. Project highlights include: • Removing the debris and rubble currently found along the shoreline embankment; • Excavating about 111,000 cubic yards (or about 170,000 tons) of soil from the existing embankment to properly prepare and shape it for the placement of an erosion- resistant, heavy stone revetment; • Placing a geo- textile fabric and a one -foot layer of clean soil over the entire Greenbelt; • Constructing shallow -water fish habitats to create ideal spawning areas for local fish species along the shoreline and within the existing embayment area known as the Bell Slip; • Constructing a paved recreational path (greenbelt) for public use along the shoreline for walkers, bikers, etc.; and • Landscaping with native plants to attract local wildlife and provide an improved natural setting. Once completed, this project will transform a once unusable and industrially contaminated area into a clean and scenic path along a prime section of Lake Erie's shoreline for public use and enjoyment. Details of the selected cleanup plan can be found in the ROD and construction design documents, which are available for public review at the locations identified at the end of this fact sheet. WI-10 SHOULD I CALL IF I HAVE QUESTIONS ABOUT THE SITE? Should you have questions regarding the Buffalo Outer Harbor Greenbelt site, please feel free to contact the representatives below. Site - Related Environmental Questions David Locey Project Manager NYSDEC 270 Michigan Avenue Buffalo, NY 14203 (716) 851 -7220 Site - Related Health Questions Cameron O'Connor Public Health Specialist NYS Department of Health 584 Delaware Avenue Buffalo, NY 14202 (716) 847 -4385 Greenbelt Project Questions Mike Bykowski Acting Director; Engineering NFTA 181 Ellicott St. Buffalo, NY 14203 (716) 855 -7389 L ®CATIONS TO VIEW PROJECT RELATED DOCUMENTS You are welcome to review project - related documents for the Buffalo Outer Harbor project at the locations below: Buffalo & Erie County Public Library NYS Department of Environmental Conservation 1 Lafayette Square 270 Michigan Avenue Buffalo, NY 14203 Buffalo, NY 14203 (716) 858 -8900 (716) 851 -7220 (See reference desk.) (Please call for an appointment.) MICHAEL J. LoCURTO DELAWARE DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1405 CITY HALL BUFFALO, NY 14202-3318 PHONE: (716) 851-5155 0 FAX: (716) 851-4553 E-mail: mlocurto@city-buffalo.com February 2, 2007 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 * Casino ruling could eliminate perks Dear Mr. Chwalinski: CQ LMITTEES COMMUNITY DEVELOPMENT FINANCE CIVIL SERVICE LEC;ISLATIVE ASSISTANTS JOEL FEROLETO WILLIAM B. LICATA Please file the attached item for further discussion at the next Common Council session to be held February 6, 2007. Thank you in advance for your assistance in this matter. S incere l y, Sincerely, MICHAEL . LoCURTO Delaware yistrict Councilmember REFER RED 'VO T11C SPE' ITT EE ON WA"R -, kF-'Q0N'T 0LVk__1& ENT WE Buffalo News - Casino ruling could eliminate the perks Front Page > City&Region > Buffalo Casino ruling could eliminate the perks By PML FAIRBANKS News Staff Reporter 1/2812007 Patrons of the Seneca Niagara Casino can smoke without inhibition. They also can eat and drink tax free. But those same perks and privileges - key ingredients in the casino's success - might not be available in Buffalo, regardless of whafs built on the downtown casino site. That's because the Seneca Nation stands to lose more than just the legal right to gamble as part of a recent federal court ruling. "Our position is any responsibility or obligation that landowners have under the law would apply to them and their land," said Joseph M. Finnerty, lead attorney for the anti- casino groups. The one exception, Finnerty said, is property taxes The ruling by U.S. District Judge William M. Skretny casts new doubt on the status of the downtown land acquired by the Senecas and could have consequences beyond the issue of gambling. Anti- casino lawyers claim the ruling opens the nation to a whole array of local, state and federal regulations, from zoning laws to smoking prohibitions to sales taxes. "Until it's declared Indian land, zoning laws, building restrictions and other state and local regulations apply," Erie County Attorney Laurence K. Rubin said. City officials are confident the land will eventually be classified "Indian land" and that any suggestion to the contrary represents a "big if." Privately, both critics and supporters wonder if the Senecas would build anything at the site in the event gambling is out of the question. "At this point, I'm waiting for the Indian Gaming Commission," said Alisa Lukasiewicz, city corporation counsel. "Until we get their opinion, we're in no position to speculate." No one doubts the Senecas' ownership of the nine acres at Michigan Avenue and Perry Street. At question is the status of the property and, more specifically, whether it can now be classified Indian land. Skretny ruled that a federal agency, the National Indian Gaming Commission, improperly granted the Senecas a gambling license in 2002 and ordered the agency to reconsider its decision. In his ruling, Skretny said the commission acted in an "arbitrary and capricious" manner. He also said the commission's chairman failed to adequately examine whether the land can be legally considered "Indian lands." Page 1 of 2 tsuiraio ivews - ii asino ruiing couiu eiirniriate Lie perxs "It does not have sovereign status," Finnerty maintains. "It does not have Indian country status, and it does not have Indian land status." Skretny's ruling represents a setback for the Senecas, who had planned to open a temporary casino downtown in April. They hope the commission will issue a new decision before then and expressed confidence last week that the project will move forward. Meanwhile, the early stages of construction on the $125 million casino project continue. "We understand that further federal review is forthcoming," Seneca President Maurice A. John said in a statement. "We are confident that the National Indian Gaming Commission will reach the same conclusion that the U.S. Department of the Interior and the U.S. Department of Justice have already reached that, as a result of how they were acquired, the lands in question are indeed Seneca lands again." Just how long it will take the gaming commission to act is unclear. One commissioner indicated that a decision is likely to take months but left the door open to an expedited decision. e -mail: pfairbanks@buffi7ews.com rage /- 01 G This material is copyrighted and is for your exclusive personal use only. , 11110 Republication or other use of this material without the express written consent of The Buffalo News is prohibited. & . Copyright 141999 - 2007 The Buffalo News*'^ - Ad UNITED STATES POSTAL SERVICE January 30, 2007 ATTN: MARK JASKULA SR. LEGISLATIVE ASSISTANT BUFFALO COMMON COUNCIL 65 NIAGARA SQUARE RM 1413 BUFFALO NY 14202 -3318 Dear Mr. Jaskula: This is in reply to your request for comments regarding the street naming of Gladys Hanes Blvd and Mary B. Talbert Blvd, both within the Frederick Douglas Towers Redevelopment Project ( #21 C.C.P. Jan. 23, 2007). The U. S. Postal Service has no objections relative to this matter. As a matter of fact, both street names have already been added to the national directory of addresses and are valid within our address management system. Thank you for the opportunity to comment on the Council's deliberation on this matter. Sincerely, P oseph . Montemaro cting Postmaster, Buffalo NY cc: Doug Hlavaty, Mgr. AMS Louis Mustillo, Mgr. Eastside Station i$ 1200 WILLIAM ST BUFFALO NY 14240 -9998 716- 846 -2401 FAx: 716 -846 -2407 osououo,r^wu"""n/p^uuUv~uu'vu^u"/U Ultiu'uo-/7 1v'/vn���~~- ' ,-, ^aa^^""^^� J � \` " . PEL — the Permissible Exposure Urn|t of the vapor according to OSHA standards, expressed in parts of` million parts of contaminated air. The PEL is listed because many of these substances present inhalation hazards. Classes of Some Flammable Uquii �11�� at ��� Benzene CorbonOisu|Ude 1,2-Dich|oroethy|ene Ethyl Acetate Carbon bisulfide Ethyl Alcohol Ethanol, Grain alcohol http://www.osha.gov/SLTC/smallbusiness/sec8.html 1/29/2007 ��������U������ AN DE �8U ��8� mvu~*�m�"�e~�w n�u��� " na=m��� 5 ff AF' rD G'C lG L J Animal Advocates of Western New York P.O.Box 475 Amherst, NY 14226 January 10, 2407 Buffalo Common Council City Hall 65 Niagara Square Buffalo, NY 14202 F� Dear Council Members, In order to promote the welfare of animals and to protect public safety, Animal Advocates of Western New York wishes to approach the city of Buffalo to propose an ordinance that would ban the display of exotic animals for entertainment purposes. Animals in circuses are denied the stimulation and comforts of their natural environments and are not allowed freedom of movement. The standard methods for confinement, training, and discipline are inhumane and often brutal. These conditions are the norm, not the exception. Abuse and deprivation can potentially transform these animals into frustrated and dangerous creatures, setting the stage for disaster. There have been documented incidents of animal attacks and rampages resulting in human injury and death. Several communities in the United States have already passed legislation prohibiting these displays and bills have recently been introduced in the states of Massachusetts, Nebraska, and in the city of Chicago. An increasing number of animal -free circuses are touring the country with great success. We can applaud the towns and counties who have enacted these laws and hope to add the city of Buffalo to the list. This will send an important message and prevent cruel and potentially dangerous shows from ever coming to our community. Thank you. Sincerely, Animal Advocates of Western New York RECEIVED AND FILED - PC 1 S " $' Randall L. Raup President, HSBC Mortgage Corporation Common Council City of Buffalo City Clerk's Office 1308 City Hall Buffalo, New York 14202 January 22, 2007 Resolution #112 CCP ' Ladies and Gentlemen: y This is in response to your request regarding lending policies to individuals purchasing income property in the City of Buffalo. HSBC Mortgage Corporation (USA) originates and acquires residential mortgages on a national basis. HSBC follows lending guidelines which are consistent with those of the national secondary market, and these lending standards are applied uniformly to all of the geographic areas where loans are originated. Loans are underwritten on the basis of the borrower's credit capacity, credit worthiness and level of equity It value of the proposed collateral. The proximity of the borrower to the property is not a consideration in the lending decision for mortgage loans secured by investment property. Sincerely, RECHVE AN FETED Randall L. Raup Y 0 HSBC Mortgage Corporation (USA) 2929 Walden Avenue, Depew, NY 14043 �_ e Tel: (716) 651 -6265 Fax: (716) 651 -6949 common Council -City of Buffalo 01222007.doc 1 siHc &Mail: i us.hsbc.com LENDER Mel Richardson, DIM 6372 Harvey Rd., Paradise, CA 95969 530 -513 -1786 doctormel1950@sbeglobal.net s January 30, 2007 ` j r f To Mayor Brown and Buffalo Common Council Members: I am a veterinarian with more than 37 years of professional experience that includes treating, observing, and caring for elephants, primates, bears, kangaroos, sea lions, big cats, birds, horses, and domestic animals. I was first hired as a zookeeper in 1969 for the Atlanta Zoo. As a zoo and wildlife veterinarian, I worked at the International Wildlife Park in Grand Prairie, Texas; the Dallas Zoo; the Woodland Park Zoo in Washington; the San Antonio Zoo; and the International Animal Exchange, Inc., and was an on -call vet for Ringling Bros. and Barnum & Bailey Circus. Throughout my career, I have observed exotic animals forced to live without adequate space in enclosures that do not meet their physical, social, or psychological needs. I have witnessed time and time again animals who displayed abnormal neurotic behavior brought on by the stress and boredom of captivity. Exotic animals in captivity are plagued with diseases uncommon in their wild counterparts. Often such illness leads to the premature death of the animal. Last year, I was asked to review video footage taken in 2006 of Ringling Bros. elephants. The footage showed Ringling employees abusively using the bullhook (sometimes referred to as an ankus). As is common with these tools, handlers struck elephants with excessive, unnecessary force. In one instance, a handler punctured the sensitive skin behind the elephant's ear with the bullhook, causing a bloody wound. The elephant reacts by shrieking. Training methods used in circuses all too often result in needless suffering. I also observed footage of an elephant exhibiting limited mobility and extreme joint stiffness. The elephant appeared to be suffering from painful arthritis or osteomyelitis, a problem common in captive elephants who are confined, chained, and not given freedom of movement and adequate space. These large mammals need access to a naturalistic environment with varied terrain and soft substrates and should not be forced to stand on hard surfaces, such as concrete or asphalt, which is common in circuses. I support a ban on exotic animal acts, where abusive training methods are the industry standard. The animals are denied everything that's natural to them and spend a lifetime in barren enclosures that lack any resemblance to their native habitats and social groupings. Sincerely, Henry Melvyn Richardson, DVM REC HVED AND FILED t� F CHARLES E. SCHUMER COMMITTEES: NEW YORK BANKING FINANCE Hitt ats Gnat JUDICIARY C6L t 6 i $j RULES WASHINGTON, DC 20510 January 17, 2007 Hon. Frank Manuele, Chairman Buffalo City Planning Board 920 City Hall Buffalo, New York 14202 Proposed RiverWright Energy Ethanol Plant 129 Childs Street, Buffalo, NY Dear Chairman Manuele: I am pleased to express my support for the proposed RiverWright Energy Ethanol Plant on Childs Street in the City of Buffalo. The RiverWright proposal will create sorely needed new jobs for Western New York, provide a new buyer for local crops, generate local tax revenues, and help to reduce America's dependence on foreign oil. RiverWright LLC's $80 million ethanol manufacturing project will utilize more than 20 existing buildings including four grain elevators, two former flour mills and a malting house. This job - creating project is consistent with the miNed -use, vibrant waterfront rebirth that I have advocated for over several years. Located on an 18 -acre parcel along the Buffalo River, the proposal will provide a projected 250 to 350 construction jobs, as well as up to 65 full -time permanent jobs. In addition to new jobs, the proposed plant would provide a new consumption outlet for locally produced agricultural products, with a target usage of 40 million bushels of corn. I have already fielded calls from local farmers interested in doing business with RiverWright. The benefits of this project reach much further than the Western New York economy. All over the country Americans are suffering from skyrocketing gas prices that will rise unless America develops alternative sources of energy. A pillar of the effort to reduce dependence on foreign oil is to encourage more domestic production of ethanol — especially in states like New York that consumes, but does not produce ethanol. - The RiverWright ethanol project will bring cutting edge technology and put Western New York at the forefront of ethanol production and distribution in the Northeast. This is a win - win -win for the region and will pave the way for new jobs, use our own local crops and bring down the price at the pump. I appreciate your consideration of my support. If there are any questions on this matter, please call my western NY Regional Director, Lynn Williams at 716- 846 - 4111. PLEASE RESPOND TO THE FOLLOWING OFFICE: (20 Charles E. Schumer United States Senator ❑ ALBANY: ❑ BINGHAMTON: ❑ BUFFALO: ❑ HUDSON VALLEY: ❑ LONG ISLAND: ❑ NEW YORK CITY: ❑ ROCHESTER: ❑ SYRACUSE: ❑ WASHINGTON: LEO O'BRIEN BUKDING FEDERAL OFFICE BUILUING 111 WEST HURON P.O. BOX A TWO OREENWAY PLAZA 767 THIRD AVENUE 100 STATE STREET 100 SDUTH CLINTON 313 HART SENATE OFFICE BUILDING ROOM 420 15 HENRY STREET ROOM 620 RED HooK, NY 12571 145 PINE LAWN ROAD SUITE 1702 Roo. 3040 Roo. 841 WASHINGTON, DC 20510 ALBANY, NY 1220% Room B6 BUFFALO, NY 14202 (914) 285 -9741 Roo. 30ON NEW YORK, NY 10017 RocHEsTER, NY 14614 SYRACUSE, NY 13261 (2021224 -6542 (518) 431 -4070 BNGHAMTON, NY 13901 1716) 846 -4111 (845) 569 -0923 MELvILLE, NY 11747 1212) 486 -4430 1716) 263 -5866 (315) 423 -5471 TED: (202) 224 -0420 (607) 772 -8109 (631)753 -0978 TED: (212) 486-7661 http://schumer.senate.gov I COMMITTEE V 2" ERIE •�,�'. � County of E rie JOEL A. G,AMBRA COUNTY EXECUTIVE January 9, 2007 Hon. Frank Manuele, Chairman Buffalo Planning Board 920 City Hall Buffalo, New York 14202 Dear Chairman Manuele: z fl ke > d V, PHONE: 716 - 858 -8500 FAX #: 716 -858 -8411 I am pleased to convey my support for the proposed RiverWright Energy Ethanol Plant on Childs Street in the City of Buffalo. This project will benefit both prospective existing waterfront employers as it will help ensure the ongoing dredging of the Buffalo River and the City Ship Canal by the US Army Corps of Engineers (USACE). Presently, the Buffalo River and the City Ship Canal are dredged regularly by the USACE. This dredging is important to shippers who still use this infrastructure and who, together, employ hundreds of Western New Yorkers. The USACE only dredges Great Lakes harbors which handle one million tons of cargo or more per year. At present, all Buffalo shippers combined handle only slightly more than one million tons of cargo per year. Developing a facility which will increase the overall tonnage of cargo delivered to Buffalo by lake freighter will help ensure that the USACE continues its regular dredging operations here. Again, I am pleased to offer my support for this initiative as it is consistent with important national and regional employment and development local priorities. Sincerely, OEL A. GIAMBRA ERIE COUNTY EXECUTIVE cc: Hon. Byron Brown, Mayor of Buffalo Hon. David Franczyk, President of the Common Council of the City of Buffalo Hon. Michael Kearns, Chairman of the Waterfront Development Committee of the Common Council of the City of Buffalo Rev. James Lewis, Chairman of the Zoning Board of the City of Buffalo r. Richard Smith, RiverWright Energy EDWARD A. RATH COUNTY OFFICE BUILDING, 95 FRANKLIN STREET, BUFFALO, NEW YORK 14202 • www.erie.gov BRIAN HIGGINS 27TH DISTRICT, NEW YORK COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE HIGHWAYS, TRANSIT AND PIPELINES WATER RESOURCES AND ENVIRONMENT COAST" GUARD AND MARITIME TRANSPORTATION COMMITTEE ON GOVERNMENT REFORM ENERGY AND RESOURCES NATIONAL SECURITY, EMERGING THREATS, AND INTERNATIONAL RELATIONS December 20, 2006 'talc agbington, O C 20515 -3227 WASHINGTON OFFICE: 431 CANNON HOUSE OFFICE BUILDING WASHINGTON, DC 20515 (202) 225 -3306 (202) 226 -0347 (FAX) WESTERN NEW YORK OFFICES: LARKIN BUILDING 726 EXCHANGE STREET SUITE 601 BUFFALO, NY 14210 (716) 852 -3501 (716) 852 -3929 (FAX) FENTON BUILDING 2 EAST 2ND STREET SUITE 300 JAMESTOWN, NY 14701 (716) 484 -0729 (716) 484-1049 (FAX) 'WEBSITE: www,house.gov /higgiiis DEC 2'' 2006 Hon. Frank Manuele Chairman Buffalo Planning Board 920 City Hall Buffalo, New York 14202 Dear Chairman Manuele: RIVER\tifRIGHT, L LC, BUFFALO, iIly I am pleased to convey my support for the proposed RiverWright Energy Ethanol Plant on Childs Street in the City of Buffalo. This project is wholly consistent with important national and local priorities. This project is consistent with the national goal of expanding ethanol production capacity generally. The expansion of ethanol production capacity is rightly considered an important priority with regard to the national security of the Unites States, as it reduces our dependence on the importation of foreign oil. The expansion of ethanol production capacity is also an important national priority when its implications for environmental policy and energy policy are considered. As importantly, this project is consistent with overall efforts to rejuvenate the waterfront of the City of Buffalo. The highest and best use of valuable waterfront land is to put it toward uses which are water - dependent, i.e., uses which are significantly enhanced by the fact that they are located in immediate proximity to the water's edge. Clearly, this use is greatly enhanced by the unique confluence of excellent water, road and rail infrastructure at this unique site. Further, it is important that the redevelopment of the waterfront include a broad diversity of uses. The jobs and lake -based shipping traffic which are projected to be generated by this project will be a very positive complement to other planned residential, commercial, entertainment and recreational uses. This project will also be of benefit to other, preexisting waterfront employers as it will help ensure the ongoing dredging of the Buffalo River and the City Ship Canal by the US Army Corps of Engineers (USACE). Presently, the Buffalo River and the City Ship Canal are PRINTED ON RECYCLED PAPER Hon. Frank Manuel Page 2 of 2 December 20, 2006 dredged regularly by the USACE. This dredging is important to shippers who still use this infrastructure and who, together, employ hundreds of Western New Yorkers. Generally speaking, the USACE only dredges Great Lakes harbors which handle one million tons of cargo or more per year. At present, all Buffalo shippers combined handle only slightly more than one million tons of cargo per year. Developing a facility which will increase the overall tonnage of cargo delivered to Buffalo by lake freighter will help ensure that the USACE continues its regular dredging operations here, which is operationally important to some significant existing employers here. Again, I am pleased to offer my support for this initiative as it is consistent with important national and local priorities. Thank you very much. Sincerely, Brian Higgins Member of Congress Cc: Hon. Byron Brown, Mayor of Buffalo Hon. David Franczyk, President of the Common Council of the City of Buffalo Hon. Michael Kearns, Chairman of the Waterfront Development Committee of the Common Council of the City of Buffalo Rev. James Lewis, Chairman of the Zoning Board of the City of Buffalo Mr. Richard Smith, RiverWright Energy Dec, 19. 2006 4:46PM No, 0008 P. 1/1 Erie Counly Legislator Timothy M. Kennedy 92 Franklin Street, Buffalo, KY 14202 December 15, 2006 Hon. Byron W. Brown Mayor, City of Buffalo 201 City Hall Buffalo, New York 14202 Re: Proposed RiverWright Energy Ethanol Plant Dear Mayor Brown: I would like to express my full support for RiverWright Energy's proposed Ethanol Plant to be located on Childs Street, As Chairman of the Erie County Legislature's Economic Development committee I take great pride in my duty to advocate for issues that promote economic development, job creation and workforce development on behalf of the residents of Erie County, This project will provide opportunities for all of those criterions, ultimately benefiting the City of Buffalo. With over $80 million of private investment, this project aims to awaken the abandoned sleeping giants that have plagued our waterfront and an area that has not seen any type of development for many years. By utilizing the existing infrastructure such as buildings, grain elevators, railways and barge channels, this project will restore life to the grounds of Childs Street, the Old First Ward and our waterways. Also, with the proposed project seeking r very little public investment and in return generating an estimated $6 million in taxes, this would be a win -win situation for taxpayers and the City of Buffalo. This proposed plant will not only create 65 permanent jobs, 10 of which are already operational for research and preparation purposes, but will also create spin -off employment opportunities, Putting an anticipated 250 to 350 Erie County residents to work in the construction industry as well as the countless corn farmers RiverWright Energy will need to meet it yearly production goals are only a few examples. In addition, after discussing this project in detail RiverWright Energy I was assured that everything was being done to address all safety and quality of life concerns of area residents. RiverWright Energy will operate in compliance with all of the mandated New York State's Department of Environmental Conservation codes. In closing, this innovative "green energy" project will not only benefit the City of Buffalo with recognition and property tax dollars, but it will also benefit our environment and our economy as our country moves forward to find alternative energy resources to free our current dependency on middle- eastern oil. If I can advocate any further on behalf of RiverWright Energy please feel free to contact me at my district office at 716 -824 -6180. Sincerely, Timothy M. Kennedy Erie County Legislator, District 2 Cc. Rick Smith, Rigidized Metals Representing rie County's Second Legislative District: South Buffalo, Kaisertown, Love oy, The Old First Ward, The Valley, Seneca - Babcock, Clinton - Bailey, The Village of Sloan, and South Cheektowaga. DEC -19 -2006 16:47 96% P.01 From The Desk Of Commissioner Leonard A. Williams 0❑ Buffalo Municipal Housing Authority Since 300 Perry Street - Buffalo, New York 14204 -2299 1934 (716) 855 -6711 Ext 423 Hon. Byron W. Brown Mayor, City of Buffalo 201 City Hall Buffalo, New York 14202 Re: Proposed RiverWright Energy Ethanol Plant Dear Mayor Brown I am writing on behalf of the RiverWright Energy Ethanol Plant proposal, which is being proposed for Childs Street near the Perry Project. As a resident activist and a commissioner of the Buffalo Municipal Housing Authority, where chromic unemployment is more than a problem, its an epidemic, I am acutely aware of the need to bring good, high paying, job for to the city of Buffalo I understand this proposed plant will not only create 65 permanent jobs, a few of which I hope will go to BMHA, or Section 3 resident, but will also create spin -off employment opportunities that will put an anticipated 250 to 350, area residents to work in construction jobs, not to mention the Countless supporting jobs in trucking farming etc., RiverWright Energy will need to meet it yearly production goals. . Second. I am particularly impressed with the fact that the project will be utilizing the existing infrastructure such as buildings, grain elevators, railways and barge channels. This will not only restore life to the area around Childs Street, the Old First Ward and our waterways, but this innovative "green energy" project will of great benefit to our environment, our economy, and will help move our country forward toward finding alternative energy resources and free us from our current dependency on middle- eastern oil. This, to me, is a win for City of Buffalo with its property tax dollars, as well as our State and our Country. What could be better that that! I have discussed this project in detail with RiverWright Energy and was impress with the fact that many of the concerns a community such as the Perry Project might have about smell, rodent abatement, and environmental particulate matters has been addressed in the building and design false, and I been assured that everything was being done to address all safety and quality of life concerns that area residents might have. RiverWright Energy further assured me that they will be operating with strict compliance with all mandated New York State's Department of Environmental Conservation codes. I would very much like to see this project go through. I have spoken to more than 100 people who live in the Perry Homes, as well as many others who live in public housing through the city. To a person, they were gleeful at the prospect of new jobs coming to the city. I hope you can make that happen. AS' ely ) 4 � Leonard Williams Elected Commissioner, Buffalo Municipal Housing Authority BUFFALO NIAGARA PY\RTNESH1P November 20, 2006 Hon. Byron W. Brown Mayor of the City of Buffalo 201 City Hall Buffalo, New York 14202 Re: Proposed RiverWrightEnerg� Ethanol Plant 129 Childs Street, Buffalo, NY Dear Mayor Brown: The Buffalo Niagara Partnership supports the RiverWright Energy Ethanol Plant proposed for Childs Street in the City of Buffalo. The Partnership is made up of 2,500 employers, working together, for growth in Buffalo Niagara. This is the right project in the right place. The RiverWright plan calls for the re -use of long- decaying assets associated with our City's industrial past: it proposes to reuse all of the grain silos existing on the property, the two existing mill buildings, and two existing office and lab buildings. Another item not to be overlooked is the project's ability /plan to utilize our underutilized rail and barge transportation network. Buffalo, once the world's largest barge hub, has both the assets and the ability to leverage these cost - attractive transportation options to help businesses grow and this could be the (albeit small) start to creating such a hub again in Buffalo. Because of the reuse of industrial assets and use of existing infrastructure and transportation networks, this project moves forward with almost no public investment. There is no question for us that this is a value -added plus. This project will also bring in needed jobs and investment in the City and into an area of the City that has not often seen such an investment. We have been advised that the project investment will exceed $80 million, result in the generation of almost $6 million in taxes, create 250 to 350 construction jobs, and 65 permanent plant jobs. An astounding investment which will, we are sure, pay dividends to the City and our community many -fold over the years. Finally, in our view, the fact that this ethanol plant will be a key component of a nationwide initiative to create "green" fuels and will aid in weaning our country off the economic burden associated with foreign oil is simply abonus. We think this a wonderful project, one that any City would wish for and would be proud of. For the reasons we have d' d, the Buffalo Niagara Partnership supports the RiverWright Energy Ethanol Plant project wholeh a edly d we strongly encourage the City to approve it —for our future and our community's Thank yo for your consideration. Andrew 665 MAIN STREET, SUITE 200, BUFFALO, NEW YORK 14203 -1487 (716) 852 -7100 FAX: (716) 852 -2761 www.thepartnership.org December 8, 2006 Margaret V. Overdorf 176 Machinaw Street Buffalo, NY 14204 Attention: John Fell Buffalo Planning Board City Hall 65 Niagara Square Buffalo, NY 14202 Dear Board Members: It gives me great pleasure to write in support of the proposed River Wright Ethanol Plant. The project provides a reuse for long abandoned grain elevators left in disrepair. They had become a place for illegal and unsafe activities particularly for adventurous young people in the community. In my position as Executive Director of the Valley Community Association, I see many individuals starving for work. This proposed plant will supply 65 jobs paying an average of $30,000 per year. It will rejuvenate the area and create a positive economic impact for the area. As a lifelong resident of the Old First Ward, I am excited to see this redevelopment on the Buffalo River. Demolition costs of these elevators would be prohibitive and River Wright will prevent further decay of what was once part of Buffalo's rich waterfront history. Clean alternative fuel and useful byproducts will mean less reliance on foreign fuel and little waste. Buffalo River Fest Park will be built a short distance downstream on the banks of the Buffalo River under the direction of the Valley Community Association. Visitors to the park which will feature the history of the Buffalo River through interpretive signage will see first hand lake freighters, tugs and barges in action once again. I am confident that Rick Smith III with his partners are very capable of undertaking this project. Mr. Smith's successful leadership at Rigidized Metals and his concern and commitment to the Buffalo River Community lead me to believe this will be an asset to this great city! Sincerely, Margaret "Peg" Overdorf HSE Harter Secrest & Emery LLP ATTORNEYS AND COUNSELORS WWW.HSELAW.COM January 30, 2007 Neighbor lye: RiverWright, LLC - RiverWright Ethanol Energy Project — 139 Buffalo River, Buffalo, NY Dear Neighbor: As you are probably aware, RiverWright is planning to construct an ethanol energy plant at 139 Buffalo River, Buffalo, New York. The proposed facility is located in proximity to your neighborhood so you have received prior public notices already regarding our project. This letter is to advise you that RiverWright will be hosting another public information meeting to provide information and solicit any comments or questions you may have on the project. Our meeting is scheduled for February 12, 2007 commencing at 5:00 p.m. and will be held at the Old First Ward Community Center, 62 Republic Street, Buffalo, New York 14203. We encourage our neighbors and any other interested members of the public who are residents in our neighborhood to attend the meeting. We will have in attendance knowledgeable members of the RiverWright team who will describe the project and respond to any questions you may have on it. If you would like more specific project information, you may view a complete copy of the Design and Site Plan Application for the RiverWright Energy Ethanol Plant and the Full Environmental Assessment Form that have been filed with the City of Buffalo that are on file at the Old First Ward Community Center. We hope to see you there and we look forward to answering any questions you may have on this significant economic development project for Buffalo. Very truly yours, Attorneys for RiverWright, LLC TWELVE FOUNTAIN PLAZA, SUITE 400 BUFFALO, NY 14202-2293 PHONE: 716,853.1616 FAX: 716.8 ROCHESTER, NEW YORK • BUFFALO, NEW YORK • ALBANY, NEW YORK • NAPLES, FLORIDA Harter S_ecrest & Emery LLP ATTORNEYS AND COUNSELORS January 30, 2007 Page 2 ;bcc: W. Grillo M. Grunzweig Councilman M. Kearns Councilman D. Franczyk Councilman R. Fontana Rev. James A. Lewis (Chairman Buffalo ZBA) Frank A. Manuele (Chairman, Buffalo City Planning Board) %4 _ • , i a •• ' •p ' i • O - slanj 1!ssol pa4iodwi joj paau aqj ui uoipnpa�j asn oqu@@j5 ui uo ipnpa�j • • • ql! mlwj ij • • . o • ai• • ui aseanui B • "SJ@WJPJ,je:)Oj wOjj ujo:) Joj puewap paseaj:)Uj, - je@A jad 000 o4 000 wojj 5uiAed sqol Sq 9 .i l e p4 snpui 4Ue:)eA . 0 4 U@W 4 S@AU I UO 08$ oleling J• •• 9 V- M@IAJ@Ao J:)@10 111 • ►'� Mll� Me R 0 Wiwi N I 21®1 s4:)a j jD 4nd4n0 a w (Pa[oad jouey ;3 ;y6�a/y�aanib aql ylinn pa ;e��ossb s�a}}3 xel pa ;e�aa pue �nd�np pue a�.uo�uI jeu0sa3d' ;u9wAojdw3 palewlls3) l:)bdlnlI DIInIONOD:l IViOJL a 171 ��. .e3 .. �. +�L�. e,Q,�l -- dio,�J.,ti This Project Is Ready To Go • C ommitted Lo Owners • Site Control N o Public Su •• • • pue loueq4a joj sja ew • • • S@14!1!:)ej abejo4s pue • • •• el '@AlleJ4SIUIWPV • • • ' • jo - • • r.•, I elld e:) o4 ssaD:)d •abejo4s lepajew passmoid 4ual:)L.UnS •4uawdinba ssa:)oad aoj s6uiplinq pue puel 4uai:)i j.n, •a6eao4s lelaa4ew mej 4u@i :)UjnS •puel 4u@i :)UjnS •sAemg6iq aolew o4 ssa:):)d •saa4g6laa j aileI off. ssa:):)d •saull Ilea off. ssaD:)d - don ua o:) of ssa:):)b N N e • jo _ • pue sbu!pl!nq@Al4eJ4SIUIW UO @belUOJJ JO J@@j 008 PUe (4@@J4S Spl!q:)) "PeOJ @4eAijd aimas • s uol4nq 'rue • _r i r•s pe l je:) I! ej bul4sixa ZE _ • ••. r . i •; bui4sixa • s uo ill!w -sj@4q biajj @lei 5 • - _ .•• • . 04 •_ • _ , olejjng aq4 uo @ jo paj 100 - su oiiejado r pue @6ejo uiejb se p A ' 6uijn4:)e j nuew jo P. i S@ . 6 T o M@N S@WOD@El PIO @ 1 • a, aliS �... ... a���o�F�i���ro�ih,. i�, �, w����a :`;.ft.�i,z�,ttry,"a�..�Y.eS ���,da?aYt�.,�,, ... ;, ..,� ., ..... .�...� .; >. r�,�..,.;; ✓,; � s; ,,, ? • Ij@@j4S oiqo pl!nqaj ll!m joqjeH jalno olejjng/jo4:)auuoD • ! 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(p,juo:)) :)�i�ads :sanssI 121U@WUOJIAU:l - j eaA jad suolle6 %O •'i• i ' ' • ) leJ4u@D r • _ w ojj sdox) • • asepind ui aseanui lenuue • molegns wojj buiieuewa:)ujeji 1!ej ui aseanui lenuue UOIII!W OE$ 0 • • -saxel A:padoid lenuue ui aseanui palewilsa 000 9 pue p uel t pue lugw dinb@Ul _ _ r OO 0 111 1 ', •• -' • • • w-ZT joj sqoC • • is 1 •t • • �. M W`th4 wll 'I'A w..�.. ....��. f�..., 9.tM( t4sYlau l0"At4tA�', ON "i 1a. .,u evJdcaSUGlat p" Y'tl. 34 Ti►�u u•eMl (Estimated Employment, Personal Income and Output and Related Tax Effects Associated with the RiverWright Ethanol Project) Employment Effect Ethanol Project Households Total Direct Employment (FI'E) 65.0 0.0 65.0 Indirect (1.9030 to Direct) 123.7 0.0 123.7 Induced (0.9545 to Direct) 0.0 62.0 62.0 Total Employment (FfE) 188.7 62.0 250.7 Personal & Other Property Income Effects Direct Personal & Property Income $13,260,000 $0 $13,260,000 Indir. Pers. & Prop. Inc. (0.5238 of Direct) $6,945,588 $0 $6 Induced Pers. & Prop. Inc. (0.2056 of Direct) $0 $2,726,256 $2,726,256 Total Personal & Other Property Income $20,205,588 $2,726,256 $22,932,844 Indirect Business Taxes Effects [Direct] Indirect Business Taxes $4,773,600 $0 $4,773,600 [Indirect] Indirect Bus. Taxes (0.1821 of Dir.) $869,273 $0 $869,273 [Induced] Indirect Bus. Taxes (0.0721 of Dir.) $0 $344,177 $344,177 Total Indirect Business Taxes $5,642,873 $344,177 $5,987 Output Effects Direct Output $265,200,000 :. $0 $265,200,000... . Indirect Output (0.2828 of Direct) $75,000,000: $0 $75,000,000 Induced Output (0.0858 of Direct) . $0 $22,754,000 $22,754,000 Total Output $340 $22,754,000 $437,954,000 a�$ P! a a a 6 P 4 0 ,l s4:)a j jD 4nd4n0 !d w o:) -ssaamidpigiowemp .1leW-3 Z/-EO-gTf- NOW :OuO'4d 031. :) dnoq) u6l.sga ssg:)Oid"l)l Ijawei)i Apue-d wo:)-ed3uj@3puF5fUwi. :IleW-3 E909-StPE (ZOV) :9uO4d 9 :)'.JjO :) dnoq) u6l.s8a ssg:)Oid'l)i Juieipuer wir wo:) :)'J 'j461JMJ8AIN "119SUMOJL UIAD)l wo:)mp9zlpjlSpU4jjws)pp :Ilew3 I M PETITIONS J. DOUGHERTY, AGENT, USE 160 DELAWARE- GROUND SIGN (ELL) (HRG. 1/13) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLAN BD. OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: W to be held in the Council Chamber, 13th Floor, City Hall On: AT2:00PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Sign nAgentr Owner) Print Name Phone # 6 0 4.- 5 7 L Date 14IC90 ATTENTION: PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER, 851 -5086 FOR PLANNING BOARD MEETING. City of Buffalo SIGNS Building Application 65 Nia „ara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 f2epart ®a te 01/23 /2007 03:17 PM Sub By DAVI GRU Page 1 I A/P # 101465 Date / Time By Date / Time By Processed 01/04/2007 11:45 GRUND Temp COO Issued COO Final Eypires Associated 9imati0.n - - -- - Type of Work # Plans 0 Declared Valuation 1500.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group FLAT Actual Valuation 0.00 Square Footage 0.0 Nam r Desc ption of Work CC APPROVAL, SECTIONS 511 -63 AND 387 -19 FOR GROUND SIGN. 64" GROUND SIGN TO THE FRONT OF A 3 STORY VIASONRY OFF=ICES. ("NEW ER/A") DRAWINGS R.E OUIRED. I Parent A/P # Project # Project/Phase Name Phase # Size /Area Size Description Address 160 DELAWARE 14202. Location Gontrct 1D AC1318904 Name NY FEDERAL RESERVE_ BANK OF Mailing Address Organization City 160 DELAWARE AVE State /Province BUFFALO NY ZIP /PC 14202 -2404 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/23/2005 To Contact ID AC79067 Name NY FEDERAL RESERVE BANK OF Mailing Andress 160 DELAWARE AVENUE Organization City BUFFALO State /Province NY ZIP /PC 14202 -2404 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 02/23/2005 No Addresses are linked to this Application No Addresses are linked to this Application 1114500002001100 No Parcels are linked to this Application City of Buffalo 65 Cis , ara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 SIGNS Building Application Report Date 01/23/2007 03:17 PM Submitted By DAVID GRUNDY Page 3 No Conditions No Employee Entries No Log Entries Fi We, the undersigned, are City of Buffalo residents, and fully support the RiverWright Ethanol Project planned along the Buffalo River on Childs Street. ON LEGISLATION. REFERRED TO THE COMMITTEE We, the undersigned, are City of Buffalo residents, and fully support the RiverWright Ethanol Project planned along the Buffalo River on Childs Street. We, the undersigned, are City of Buffalo residents, and fully support the RiverWright Ethanol Project planned along the Buffalo River on Childs Street. v We, the undersigned, are City of Buffalo residents, and fully support the RiverWright Ethanol Project planned along the Buffalo -River an Childs Street. LIU LLJ ILJ s. MU, KIL,3 Ilk Ls <rl LIU LLJ ILJ s. MU, KIL,3 140 Hamburg Street Buffalo, New York 14204 January 23, 2007 Planning Board City of Buffalo City Hall - Room 901 65 Niagara Square Buffalo, New York 14202 Attention: Mr. Frank Manuele, Chairperson Re: Proposed RiverWright Ethanol Plant Ladies and Gentlemen: Attached is a copy of a petition circulated in the First Ward in opposition to the above - mentioned subject. The First Ward, which is the neighborhood directly affected by the project, consists of the following streets: Alabama, Fitzgerald, Hamburg, Katherine, Kentucky, Louisiana, Mackinaw, O'Connell Avenue, Republic, Sidway, South, St. Clair, Tennessee, Vandalia and Vincennes. Mention is made of these streets because only they comprise what is known as the First Ward. We want to emphasize through the petition that the majority of residents are vehemently opposed to this project. It will not only have an adverse effect upon our neighborhood but also Downtown and the Waterfront. Also, we respectfully want to remind the Board that RiverWright is requesting to be rezoned to increase its aboveground storage capacity 1,000 percent (from 150,000 to 2,350,000 gallons of flammable liquid in an M -3 district). Penn -Marr proposed an ethanol plant of similar size in Franklin County, Pennsylvania. Their emergency evacuation plan called for everyone within a 2.5 -mile radius to be evacuated. A 5.0 -mile radius would require a stay- indoors policy. Planning Board Attention: Mr. Frank Manuele, Chairperson January 23, 2007 Page 2 We have also attached articles concerning the negative effects of ethanol. Thank you for your assistance. Very truly yours, f , L Julie M. Cleary CA Maureen A. Schaeffer Attachments cc: Zoning Board of Appeals File Citizens Against Ethanol Plant in Buffalo We care about Buffalo and protection of our city. We belies Riv hborhoods, waterfront proposed rfront and ethanol plant on the Buffalo River is to close to our sc h o ols, g downtown Buffalo. The noise, odor, hazardous materi Is and a hip/truck/train aresourcesi ethanol economic plant at this site, would unnecessarily threaten our public safety, values. our elected representatives development, tourism, quality of life and property to protect the integrity of our city, the character of our community and the safety of our anol plant in the City of Buffalo. _...,:ao„te by denving RiverWright Energy's plan for an eth Citizens Against Ethanol Plant in Buffalo We care about Buffalo and protection of our city. We believe RiverWright Energy's proposed ethanol plant on the Buffalo River is to close to our schools, neighborhoods, waterfront and downtown Buffalo. The noise, odor, hazardous materials and ship /truck/train traffic of an ethanol plant at this site, would unnecessarily threaten our public safety, natural resources, economic development, tourism, quality of life and property values. We urge our elected representatives to protect the integrity of our city, the character of our community and the safety of our residents by denying RiverWright Energy's plan for an ethanol plant in the City of Buffalo. , Ple ase P n� 1 1 -■! 1 � My ♦ _r ��'! � ���� °.�+��� � f ��d � mot.? ■�l � I 1 \ • � pia I 'I �� ��� ►��a�i� ilk 'I'ii +��� �, ®�� � r a M V76 WOMEN MIA SAM NNE VANI MR NAM NIAMM, F ICA i INA MV11 Mr " SAPS, VIVO I _i rr , - ` 3 3 Citizens Against Ethanol Plant in Buffalo We care about Buffalo and protection of our city. We believe RiverWright Energy's proposed ethanol plant on the Buffalo River is to close to our schools, neighborhoods, waterfront and downtown Buffalo. The noise, odor, hazardous materials and ship /truck/train traffic of an ethanol plant at this site, would unnecessarily threaten our public safety, natural resources, economic development, tourism, quality of life and property values. We urge our elected representatives to protect the integrity of our city, the character of our community and the safety of our residents by denying RiverWright Energy's plan for an ethanol plant in the City of Buffalo. f V , , \j - 171 OW A't _ _ �. ill- \7 /ice d� (I N�M5 r� �. 1a'. /i �� "J t r r(r:�.t t♦ �_. iY .sue.(• MIN IWVA f V , , \j - 171 Citizens Against Ethanol Plant in Buffalo We care about Buffalo and protection of our city. We believe RiverWright Energy's proposed ethanol plant on the Buffalo River is to close to our schools, neighborhoods, waterfront and downtown Buffalo. The noise, odor, hazardous materials and ship /truck/train traffic of an ethanol plant at this site, would unnecessarily threaten our public safety, natural resources, economic development, tourism, quality of life and property values. We urge our elected representatives to protect the integrity of our city, the character of our community and the safety of our residents by denying RiverWright Energy's plan for an ethanol plant in the City of Buffalo. Please Print Name Address Signature Date 79 I .u-7-416 "e ,JQ�( -VC Co u j !! If ,oc , -A l & A,5 C iI -A a3 lo I C W cc ` r ' `1 dZ t eU C S C J �- j7 l / 1 : F`' I o� 7 bOc C c P. . 61 a F d ��Y Citizens Against Ethanol Plant in Buffalo We care about Buffalo and protection of our city. We believe RiverWright Energy's proposed ethanol plant on the Buffalo River is to close to our schools, neighborhoods, waterfront and downtown Buffalo. The noise, odor, hazardous materials and ship /truck/train traffic of an ethanol plant at this site, would unnecessarily threaten our public safety, natural resources, economic development, tourism, quality of life and property values. We urge our elected representatives to protect the integrity of our city, the character of our community and the safety of our residents by denying RiverWright Energy's plan for an ethanol plant in the City of Buffalo. Please Print Name Address Signature Date / 2 Z91VI J h"i / r r � i b� r (6� A IA b;9 M A �^ :- 1 iA 94 '�� < n f ` ��,d",� .1 L <G'.iC✓/'�f /! C.. °'�l�Ll� '�t/`L %' G'+✓ < 'U I , � /.� /GCS otd N v F rj I Citizens Against Ethanol Plant in Buffalo We care about Buffalo and protection of our city. We believe RiverWright Energy's proposed ethanol plant on the Buffalo River is to close to our schools, neighborhoods, waterfront and downtown Buffalo. The noise, odor, hazardous materials and ship /truck/train traffic of an ethanol plant at this site, would unnecessarily threaten our public safety, natural resources, economic development, tourism, quality of life and property values. We urge our elected representatives to protect the integrity of our city, the character of our community and the safety of our residents by denying RiverWright Energy's plan for an ethanol plant in the City of Buffalo. "Please Print Name a, .�. • ! t • ♦, r ' . t • ! il. : �. _ � : +�'�i iIt !s .i1 M '117 .� IMY MY " Al ILi . mil.' /���II�� t - • J � _'. I I I i ,y �. � 6 � .; ./�� f1 y'�✓ _ � 3 N 00 " � 1= 1 16 a Citizens Against Ethanol Plant in Buffalo We care about Buffalo and protection of our city. We believe RiverWright Energy's proposed ethanol plant on the Buffalo River is to close to our schools, neighborhoods, waterfront and downtown Buffalo. The noise, odor, hazardous materials and ship /truck/train traffic of an ethanol plant at this site, would unnecessarily threaten our public safety, natural resources, economic development, tourism, quality of life and property values. We urge our elected representatives to protect the integrity of our city, the character of our community and the safety of our residents by denying RiverWright Energy's plan for an ethanol plant in the City of Buffalo. Please Print Name Address Si nature Date (L4 tZ /2A5 ,�- C-4' rte s w. I 1- � j { t S ,C �/ i. + 1 � �le.ES..� r1' E' I Y/1 i J I r ti0 CT �/�u "� GC�b rti GL'G'`� "C�h' `— ek,Cr�t rG L. � KU � "r :.cc•k= j� �� �'-c„� -._ �i.�- l �- ' i f k 1 l �i`vw�„ J l t t 3- ) 1 try r q JL r i g F to io IQ 1 r r -,/ � �. 3T r , U - Q4-66 . V l� ra J Citizens Against Ethanol Plant in Buffalo and ity. We believe RiverWright Energy's proposed We care about Buffalo p rotection of our c neighborhoods, waterfront and ethanol plant on the Buffalo River is to close to our schools, es economic 'se odor, hazardous materials and ship/truck/train f rc tra ffic downtown Buffalo. The not of an ethanol e our elected representatives lant at this site, would unnecessarily threaten our Public s W eturg natural re p quality of lie and prop tourism, 9 Y f rop unit and the safety of our develop m protect the integrity __ _ . , . of our city, the character of our comet Y ,-- „tan for an ethanol plant rt.,�� in the City of Buffalo. V r° Citizens Against Ethanol Plant in Buffalo We care about Buffalo and protection of our city. We believe RiverWright Energy's proposed ethanol plant on the Buffalo River is to close to our schools, neighborhoods, waterfront and downtown Buffalo. The noise, odor, hazardous materials and ship /truck/train traffic of an ethanol plant at this site, would unnecessarily threaten our public safety, natural resources, economic development, tourism, quality of life and property values. We urge our elected representatives to protect the integrity of our city, the character of our community and the safety of our residents by denying RiverWright Energy's plan for an ethanol plant in the City of Buffalo. Please Print Name 'Signature MIN KI "if Owl .:� , = = ",� — - «.:._ � IWAI 1 /e- a ., ��:► ��% E lm IME �Z+► /. , ..r 1 L i._� . .�, ' e d!q /iiiiiail IME , _ ) t I r Citizens Against Ethanol Plant in Buffalo We care about Buffalo and protection of our city. We believe RiverWright Energy's proposed ethanol plant on the Buffalo River is to close to our schools, neighborhoods, waterfront and downtown Buffalo. The noise, odor, hazardous materials and ship /truck/train traffic of an ethanol plant at this site, would unnecessarily threaten our public safety, natural resources, economic development, tourism, quality of life and property values. We urge our elected representatives to protect the integrity of our city, the character of our community and the safety of our residents by denying RiverWright Energy's plan for an ethanol plant in the City of Buffalo. C1.1ease Print Name �I .. ., ! as O W MI � Fa. 0 I RW I N "Z /�•tly� "ter � � f� �� �w � . � -.:. _ _ M �� � � •r/ + �GS /i� �� �i��1 !I 1I OM,,,v�fai 1� I VA I NSA 111�:I� tll 5M,fIl1'3I1 � I + O I � r Citizens Against Ethanol Plant in Buffalo We care about Buffalo and protection of our city. We believe RiverWright Energy's proposed ethanol plant on the Buffalo River is to close to our schools, neighborhoods, waterfront and downtown Buffalo. The noise, odor, hazardous materials and ship /truck/train traffic of an ethanol plant at this site, would unnecessarily threaten our public safety, natural resources, economic development, tourism, quality of life and property values. We urge our elected representatives to protect the integrity of our city, the character of our community and the safety of our residents by denying RiverWright Energy's plan for an ethanol plant in the City of Buffalo. "Please Print Name �Signature W V IN Rim IMF Nip �V O►is:♦lt1l'L�l I. '� mss_ M �VF WM W ! M!Zip �i[!.J j MUMM MOM NMI t .� \\ ► 1\ ' EWA W E Mti r ♦ ' — - - a ,airy 1, w I - - - v V 1 - Citizens Against Ethanol Plant in Buffalo We care about Buffalo and protection of our city. We believe RiverWright Energy's proposed ethanol plant on the Buffalo River is to close to our schools, neighborhoods, waterfront and downtown Buffalo. The noise, odor, hazardous materials and ship /truck/train traffic of an ethanol plant at this site, would unnecessarily threaten our public safety, natural resources, economic development, tourism, quality of life and property values. We urge our elected representatives to protect the integrity of our city, the character of our community and the safety of our residents by denying RiverWright Energy's plan for an ethanol plant in the City of Buffalo. Please Print Name Address Signature Date �. 6 'd c r r p . S re ,. C )IU- , i - VCjam., SA I _. - J c ks S GCO n° f U C J l , a LnAr k k T4 s� 1 1� �} j j.- ,� f ... � �� 7� a t' � `' '` f . f ` 71 °c ' B _. 90 r . f L-x.' c-' IG' t' d^ " Citizens Against Ethanol Plant in Buffalo We care about Buffalo and protection of our city. We believe RiverWright Energy's proposed ethanol plant on the Buffalo River is to ° close to our schools, neighborhoods, waterfront and downtown Buffalo. The noise, odor, hazardous materials and ship /truck/train traffic of an ethanol plant at this site, would unnecessarily threaten our public safety, natural resources, economic development, tourism, quality of life and property values. We urge our elected representatives to protect the integrity of our city, the character of our community and the safety of our residents by denying RiverWright Energy's plan for an ethanol plant in the City of Buffalo. Please Print flame I k T JA i' � Address III - Sir-K Signature Date 96 eeJv a 1e 1Z �z _t 12 S i jet. ; i 11. n < 1�;'I �? r . •`rr? Ct f? Ch r Lt ni Ila 1 � :tv F4' N71 P, A 1 6 , 5 - 0 o 01 G-> �y Citizens Against Ethanol Plant in Buffalo We care about Buffalo and protection of our city. We believe RiverWright Energy's proposed ethanol plant on the Buffalo River is twlose to our schools, neighborhoods, waterfront and downtown Buffalo. The noise, odor, hazardous materials and ship /truck/train traffic of an ethanol plant at this site, would unnecessarily threaten our public safety, natural resources, economic development, tourism, quality of life and property values. We urge our elected representatives to protect the integrity of our city, the character of our community and the safety of our residents by denying RiverWright Energy's plan for an ethanol plant in the City of Buffalo. Please Print Name Address IsiglAture Date oss f -77 Q rage t of e : tna of Production This web page was last modified Tue, Jul 11, 2006 at 1:48 AM. Ethanol production is a multifaceted operation. From tie processing and storage of incoming raw materials through to the storage and shipment of the final products, many industrial processes, come into play. Ethanol production combines aspects of both the grain handling and chemical production industries. Despite producers' claims that they'll use the best available technology and pay strictest attention to safety procedures, human error and mechanical failure must be into account when considering potential hazards to employees and the surrounding community. Table of Contents I. 2. 3. 4: s. 6. 7. "Bad news is all the wind can carry" Public Relations as -part of- the - ethanol - production machinery In October, 2002, the plant started operation. As seen in this photo, ethanol is being manufactured in Monroe WI? The above photo and breathless caption appeared on the Wisconsin & Southern R.R. web site in October of 2002 only to be replaced a short while later by the photo below, re -using the same caption. A simple case of n N'f ^71� fifiC U X%J1 11V- -1U%1L1V11 Yage 'z of b Billowing smokestacks no longer inspire the feelings of pride and accomplishment evoked at the dawn of the Industrial Age. Today, the sight of billowing smokestacks is more likely to provoke fear and loathing in communities surrounding such plants. Ethanol Production Issues What is Ethanol? 0 It will biodegrade in soil, pr obably to acetic acid and formaldehyde. yde. Water issues & June 25th, 2006 — by Dennis Lien — St. Paul .Pioneer Press — Officials know a lot about the groundwater capacity in the Twin Cities metropolitan area. But the picture is sketchier in rural areas, where they must rely on a patchwork of already — drilled wells for most of their information. "In some places, there just isn't the density of wells for us to accurately map the boundaries of these aquifers,"' said Dale Setterhohn assistant to the director of the Minnesota Geological Survey . and in retrospect, the Granite Falls plant's water problems aren't that big of a surprise. When it was proposed, the plant and the state knew the aquifer below it had limited potential as a long —term source of water. But the DNR gave the plant a temporary permit, knowing it eventually would need other sources of water. Problems emerged sooner than anyone guessed. "It looks like the aquifer is even less able to handle pumping than I felt, and I was very conservative," said Jay Frischman, a hydrogeologist for the DNR's waters division. "The reality is this: Granite Falls was a unique situation. If they had not had other sources available nearby, I would not have recommended a permit for them." Peter Buliene, a spokesman for Granite Falls Energy, declined to comment. i.sa..,..lfi.....r...- .- + ..,�.. -. �, ....,,......1......., «..f..a.i/ «...3..,.a..�. -, i.a..,..i llf7'7f�'!f'1/1< – CHAMPAIGN, Ill. — City officials in Champaign and Urbana took notice when they hoard that an ethanol plant proposed nearby would use about 2 million gallons of water per day, most likely from the aquifer that also supplies both cities. 'There was concern about impacting a pretty valuable resource,' said Matt Wempe, a city planner for Urbana. `It should raise red :Flags.' • February 18th, 2006 – – Grand Forks Herald – `If we're in a drought, there's lots of places that have the potential' to be prohibitive to new industrial plants, said Doug Emerson, a hydrologist in Bismarck with the U.S. Geological Survey. `Even if water exists, it might be appropriated for some other use.' o December 26th, 2005 – – Star T r i bune -- `People can see they're running out of water,' said Tim Cowdery, a Minnesota –based hydrologist with the U.S. Geological Survey. `They'd like to build more industry. They'd like to build more ethanol plants. They just don't have the water to do it.' i• August, 2004 – : How the Government's Lax Enforcement of the Clean Water Act is Poisoning Our Waters by diehard Caplan – U.S. Public Interest Research Group Education Fund To get the data for this report, the-author-had to file .a Freedom of Information Act request, wait several months, and correct mistakes. The data received from California, Wisconsin and Vermont was deemed unusable. This is unacceptable for data on whether facilities are operating in accordance with the law. Some indt4strial considerations The Environmental Analysis ordered for the Friesland facility, despite occasionally exuding the new business friendly WDINR regulatory atmosphere, is a detailed look at the nuts and bolts implications of the industrial scale production of ethanol. it is estimated that the facility could have up to the following level of air emissions: 76.2 tons per year (TPY) of particulate matter, 0.7 TPY sulfur dioxide, 97.5 TPY nitrogen gxides, 90.9 TPY volatile organic compounds (V ©Cs), and 97.3 TPY carbon monoxide. In addition, emissions of any known federal hazardous air pollutants (HAPs) are estimated to be less than 10 TPY for any one HAP, and less than 25 TPY for all HAPs combined. That's close to 388 tons per year of pollutants emitted into your neighborhood which weren't there before. The economic benefits. cited in the analysis are, however, lifted directly from contained in a report which is erroneously cited in the EA as having been prepared specifically for UWGP. I think it's scandalous that a document which is the deciding factor in whether or not an Environmental Impact Stateirient is required, would use unproven numbers supplied by the very industry under scrutiny. What is most galling about such slipshod science, is that this EA will be used as a stand –in evaluation for fixture ethanol plant proposals propagating the suspect numbers throughout Wisconsin, and precluding a more thorough examination of future plants. (June 28th Update: Please read the June, 2006 study, by University of Iowa economist Dave Swenson found elsewhere on our web site. He singles out John Urbanchuk's studies (used almost verbatim in the UWGP Environmental Assessment above) as outstanding examples of inflated economic benefits claims.) And finally, if you happen to live within a few miles of the plant, Some of the pollutants identified above may result in odors from the facility. In addition, it is believed that this facility is likely to i..aa..,.. f f9 ..................,...�....., ,...�.,. /,.,..... «.. f,.�,3 !.�_..,3....i:...., i.a...., i fl f'9'7 f�'ffif�L have some amount of odors associated v th it most of the time. However, odors are regulated .as a nuisance, not as a health concern. Enjoy! s This is a link to their page outlining the benefits of choosing Delta -T. In the years ahead, you "ll rind our overall design is the most forgiving in the industry. 'You "11 be able to add capacity or upgrade to the highest purity with minimum cost and production interruption. Your facility will also accommodate the innovations now on our drawing boards such as simultaneous production ftom di Brent. feedstocks. One day soon we '71 even recycle organic landfill into ethanol. A note in passing regarding the )delta -T Corporation, . designer of many of our nations ethanol plants: Ethanol Plant Operator Pined North Platte (Nebraska) 10:28 AM Jun 10, 2005 Associated Press The former owners of the Sutherland Ethanol plant have been ordered to pay money for dumping ethanol by- products into waterways. The Department of Environmental Quality said the company that owned the plant, the Delta -T Corporation, pumped ethanol by- products into irrigation canals. Delta T- founder and CEO R. L. Bigg Swain was ordered to pay $100,000 to the Boys and Girls Club of Nebraska. Officials say the company violated orders by disposing of thin stillage waste from the Sutherland plant onto surrounding farmland. This was considered an environmental risk. The Delta -T company did not have to admit any wrong- doing. In 2003, Swain was ordered to pay the state $780,000 for dumping pollutants near its plants. From Delta T's website, Of all the outstanding features built into the Benson plant, we're proudest of those that protect the health and safety of the workers and reduce the environmental impact on the community. Couldn't you use more of this kind of - thinking? More industrial considerations . {web site disappeared) September 20th, 2002 -- U.S. Chemical Safety Board Votes 5 -0 to Recommend New OSHA, EPA, and Industry Standards to Control Chemical Reaction Hazards a -t,- -- - Just 'high react � inn n l b c �.. S �,�r Y !' S b_ 1.�� 3� t..cavuiJe" C =�e�a�.ula arm current c overed u;}r L11G ��7LV1 stan But the l. ' iJLS s tudy docurnl n ted numerous examples where chemicals considered to be less reactive no netheless caused runaway reactions, explosions, fires, or toxic gas releases, often with fatal consequences. General information from ®titer States. 2005 P) - - Gr eater Ohio Ethanol, LLC. - Unusually candid series of questions and answers from an Ohio ethanol start -up. - How many acres of land will be required to construct the facility? Answer: The facility will set on 30 acres or less, but from a practical standpoint it will require at least 40-60 acres or more to allow for a buffer zone around the facility and for possible future expansion or companion businesses. October, 2002 - - Nebraska Department of Environmental Quality - Overview of Nebraska's permitting process and overview of the industry ;September, 1999 - by Monitor Company - Prepared for the 4merican Methanol Institute - Converting from MTBE to ethanol in California • .February 61h, 1997 - - State of Minnesota Office of the Legislative Auditor- Minnesota study of their ethanol industry NOTE: Some of the preceding links are to AdobeW Portable Document Format files. If you don't already have the Adobe Readerg installed on your machine, it is available as a for many different platforms. Subject Pages • . Ethanol Production more -+ Subject Pages 1, a�... .1fG.....� ..................... ......../.... .._._.: /�a.3i......,7..,.w..._. 3.a....7 f117'7/7hfti' "terra 1 -iuo to aue aouum tSeno t✓tnanoi Yiant -a As Congress stands poised to produce an energy bill that would give billions of dollars to the ethanol. industry, the Sierra Club said it intends to sue two ethanol facilities --- including -one in South Bend-- - for violations of the Clean Air Act. The Club's announcement comes after the Environmental Protection Agency warned ethanol producers that ` Imost, if not all, ethanol facilities were in significant violation of the law, and offered to meet with producers to discuss resolving the violations "on terms most favorable to industry ". The two facilities named in the lawsuit are Ethanol 2000 of Bingham Lake, Minnesota, and New Energy Corp. of South Bend, Indiana. "By the EPA's own admission, these two plants are only the tip of the iceberg," said David Bookbinder, senior attorney with the Sierra Club. " There's a clear pattern, in this industry of systematic disregard: for the law. These Iawsuits should serve as a warning to the entire industry to clean up their act, and to the EPA to enforce the law." The EPA's findings, which are based on data from recent .emissions tests, reveal that corn -based forms of ethanol production —which accournt for around 93 percent of all ethanol produced in the J.S. ---are far more dangerous than had been suspected: the two plants that are the subject of the initial lawsuits were found to be releasing volatile organic compounds (VOCs) and otherr chemicals well above permitted levels, Indeed, Ethanol 2000 was exceeding its permitted level by nearly 10 times and was emitting acetaldehyde and formaldehyde. Both of these chemicals are classified by the EPA as probable human carcinogens, while VOCs contribute to the production of ozone, which causes serious respiratory problems, including asthma and lung diseases. . . . . .. . . . . Other ethanol facilities were found by the EPA to be emitting unlawful amounts of carbon monoxide, a poisonous gas that causes visual Page l of 2 Fa /I ot . /_ . . . . . . . . . ge . . impainiaent,reduced. ivork.capacity, reduced manual dexterity, and a 'host of other human heAlth Despite this clear indication that many. ethanol producers are breaking t he - law: and putting hwnan health acid the environment at risk.. .Con gress . on in 1 . is shaping an energy that wo $5, bil .1 � uld provide subsidies :fbr. the industry. Lawmakers would also exempt ethanol - producers from any liability when people become sick from drinking polluted water. "When ethanol producers violate the -Clean Air Act and endanger'. human health, Congress should treat them like the corporate - polluters they are, not give.them yet more tax breaks,". continued Bookbinder. "Until.these plants clean up their acts, they deserve. fines, not haW- outs-'� Copyright 01 2005 HoosterChapter Sierra - Club, all rights resqved,[12/51021efp - Chippewa Valley Ethanol Settlement - Compliance and Enforcement - U.S. EPA Page I of 2 Civil Enforcement Search: > Chippewa Valley Settlement Compliance and Chippewa Valley Ethanol Company Enforcement Home Settlement Enforcement Home in 2002, the US Environmental Protection Agency.(5-PA) began investigating a suspected pattern of noncompliance with the Prevention of Serious Deterioration/ Civil Enforcement New Source Review (PSD/NSR) requirements of the Clean Air Act (CAA) within Home the ethanol industry.The Clean Air Acts NSR program requires a source to install Basic Information pollution controls and undertake other pre-construction obligations to control air Newsroom pollution emissions. Subsequent investigations of several companies in the ethanol industry found them to be in violation for failure to obtain either PSD or minor source permits for new construction and/or modifications made at twelve Clean Air Act facilities in Minnesota. Clean Water Act Safe Drinking Water The ethanol Indus" sector manufactures ethanol for blending with automobile Act fuel, principally from industrial corn. Ethanol's high oxygen content allows automobile engines to combust fuel better, resulting in, reduced tail pipe Resource emissions. During the ethanol manufacturing process, dry mills bum off gasses Conservation and Which ernit volatile organic compounds and carbon Monoxide into the aitz Recovery Act This agreement, announced on October 2, 2002 and one of twelve agreements Toxic s Substances with ethanol producers, will ensure Chippewa Valley Ethanol Company's Benson Control Act plant witl utilize air pollution control equipment to greatly reduce air emissions, Federal insecticide Emissions of volatile organic compounds (VOCs) will be reduced by 2,400-4,000 Fungicide Rodenticide tons per year and carbon monoxide (CO) by 2,000 tons per year. In addition to Act contributing to ground-levet ozone (smog), VOCs can cause serious health Emergency Planning problems such as cancer and other effects; GO Is harmful because it reduces and Community Right oxygen delivery to the body's organs And tistnies. Th0s6ttI6MLhnt also Will result to Know Act in annual reductions of nitrogen oxides (NOx) by 180 tons, particulate matter (PM) by 450 tons and hazardous air pollutants by 250 tons. Multimedia Enforcement Chippewa Valley Ethanol Company is required to install the Best Available Small Business Control Technology (BACT) and obtain appropriate permits from the state of Regulatory Fairness Minnesota. Under the settlement, the plant will install thermal oxidizers that Act reduce VOC emissions by 95.percent from the feed dryers and meet new, more restrictive emission limits for NOx, PM, CO and hazardous air pollutants. In addition to emission control requirements valued at about $2 million, the facility will also pay a civil penalty ranging from $29,000 - $39,000. The company cooperated with the state and federal enforcement officials resulting in a expedited settlement process, (PDF, 652KS, 21 pages, D �eak i e ,- ) Sup; o;� �� noll, 9. , 1 "Y--ej I< 10. ✓ �'2 11. 12. 13. 14. 15. 16. 19. 20 r 21 22. 23.1 fJ r � 24. 25. I 2/� LU 7 y\ We, the undersigned support the proposed River Wright Ethanol Plant. We look forward to new jobs, new development and a new vibrancy on the Buffalo River. - Z 2 We, the undersigned support the proposed River Wright Ethanol Plant. We look forward to new Jobs, new development and a new vibra on the Buffalo River. Name Address Zip Code 2 r 3. 4. 6. 8. 9. 10. F C. x 12. /" • / s ,'i' C ? ' Ifs �6 ! F`E = 15. 18. Q= 7 e Out lV F o 0 20. 21. r _ � 23 We, the undersigned support the proposed River Wright Ethanol Plant. We look forward to new jobs, new development and a new vibran-c y on the Buffalo ever= Name � Address Zip Code 2. 3. 4. 5:` 6. 7. 8. 9. 10 12. 13. 14. 15( 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. -7ZrZ�, Regular Committees CLAIMS (Michael P. Kearns, Chairman) Personal Injury That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be comprised and settled: A. 1. Vikki Harland v. City of Buffalo $ 5,000.00 A. 2. Larry Loder v. City of Buffalo $ 5,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed Recommended by the Committee on Claims Chairman *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * RUSSELL SMITH * [----- -------- ] [MAJ- 51 g * 0 [2t3 - 6 ] [N - 7] Personal Injury A. 3. Martha Newson v. City of Buffalo That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: A. 3. Martha Newson v. City of Buffalo $ 5,500.00 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, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed Recommended by the Committee on Claims Chairman *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL SMITH [-- ----------- ] [MAJ- 51 * g * 0 [2/3 - 6] [3/4 -7] Personal Injury A. 4. Darnell Jackson v. City of Buffalo, et al $ 1,000.00 Juliette Hill v. City of Buffalo, et al $ 1,000.00 Dequilla Fugate v. City of Buffalo, et al $ 2,000.00 A. 5. Aaron Harris v. City of Buffalo $ 3,500.00 Archie Harris v. City of Buffalo $ 3,500.00 A. 6. Reginald Austin v. City of Buffalo, et al $ 3,300.00 A. 7. Brian Schepart v. County of Erie, City of Buffalo $ 2,500.00 A. 8. Donald Williams v. City of Buffalo $ 5,000.00 A. 9. Rita & Donald Eisenbeis $1,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed Recommended by the Committee on Claims °� - Chairman A -�-/) C, *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL SMITH [ MAJ - 5 ] * 9 [ 2/3 - 6 ] [3/4 - 7] * 0 C ,--_ , � C� ��- f -� _5 � k, �)- Property Damage That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 1. Abdulla, Saleh, 225 Sobieski Street, 14211 $929.81 B. 2. Bragg, Mary Lou, 176 Davidson Avenue, 14215 $250.00 B. 3. Burrough, Raab, 217 Maple, 14204 $2,091.05 B. 4. Darlene Bush, 112 Rutland Street, 14220 $207.40 B. 5. Corbett, Deborah, 77 Polish Place, 14210 $ 54.29 B. 6. Cutler, Malcolm, 75 Custer Street, 14220 $187.50 B. 7. Dowling, Margaret, 98 Crescent Avenue, 14214 $386.75 B. 8. Eleey, Barry W., 6734 Shawnee Road, Wheatfield, 14120 $275.78 B. 9. Green, Michelle, P.O. Box 1644, Buffalo, NY 14215 $164.35 B. 10. Henn, Stefan, 38 Via Pinto Drive, Williamsville, NY 14221 $194.76 B. 11. La Porte, Yvonne, 396 Northland Avenue, 14208 $500.00 B. 12. McCaslin, Dawn, 108 Grote Street, 14207 $120.91 B. 13. Miller, Raymond, 122 Covington, 14216 $231.90 B. 14. Patrizi, Ziby, 12 Euclid Place, 14210 $212.92 B. 15. Payne, Russell, 208 Commonwealth, 14216 $ 62.84 B. 16. Santos, Brenda, 41 Howell Street, Apt. 2, 14207 $1,049.56 B. 17. Sokolowski, Ronald, 87 McKinley Pkwy., 14220 $973.31 B. 18. State Farm Mutual Insurance Co. a/s /o Mary C. Kane $5,000.00 B. 19. Stelmach, Peter J., 8 Cathedral Court, West Seneca, NY 14224 $ 97.86 B. 20. Termini, Charles, 619 Bird Avenue, 14222 $106.08 B. 21. Travelers Insurance Co., as subrogee for Joseph & Stella Andrycha $5,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims �`� *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS * LOCURTO RUSSELL SMITH [-------- - - - - -] [ MAJ - 5 ] * g * 0 [2/3 - 6] [ 3/4 - 71 Miscellaneous Reimbursements That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: C. L 1. Comtel, 750 Ensminger Road, Tonawanda, NY 14150 $2,457.75 2. Hodgson Russ, LLP, One M &T Plaza, Buffalo, NY 14203 This is a claim for payment of invoice No. 534864 for services rendered to the Department of Law from 5/2/06 - 5/31/06. $ 492.00 C. 3. Hodgson Russ, LLP, One M &T Plaza, Buffalo, NY 14203 This is a claim for payment of invoice No. 538153 for services rendered to the Department of Law from 1/6/06- 6/30/06. $23,869.00 C 4. Hodgson Russ, LLP, One M &T Plaza, Buffalo, NY 14203 This is a claim for payment of invoice No. 541626 for services rendered to the Department of Law. $34,103.23 C 5. Hodgson Russ, LLP, One M &T Plaza, Buffalo, NY 14203 This is a claim for payment of invoice No. 537723 for services rendered to the Department of Law. $ 727.50 L 6. Hodgson Russ, LLP, One M &T Plaza, Buffalo, NY 14203 This is a claim for payment of invoice No. 537724 for services rendered to the Department of Law from 1/1/06- 6/28/06. $18,314.90 C. 7. Hodgson Russ, LLP, One M &T Plaza, Buffalo, NY 14203 This is a claim for payment of invoice No. 537722 for services rendered to the Department of Law from 1/18/06- 6/30/06. $ 2,433.50 C 8. Hodgson Russ, LLP, One M &T Plaza, Buffalo, NY 14203 This is a claim for payment of invoice No. 537726 for services rendered to the Department of Law $ 758.50 C 9. Hodgson Russ, LLP, One M &T Plaza, Buffalo, NY 14203 This is a claim for payment of invoice No. 537725 for services rendered to the Department of Law from 6/5/06- 6/30/06 $ 2,204.00 C. 10. Nixon Peabody, LLP, 40 Fountain Plaza, Buffalo, NY 14202 This is a claim for invoice No. 8772975 for services rendered to the Department of Law. $ 59,687.05 C. 11. Nixon Peabody, LLP, 40 Fountain Plaza, Buffalo, NY 14202 This is a claim for invoice No. 8775065 for services rendered to the Department of Law. $ 3,067.71 C. 12. Phillips Lytle, LLP, 3400 HSBC Center, Buffalo, NY 14202 This is a claim for invoice No. 460223 for services rendered to the Department of Law. $ 38,752.72 C. 13. Phillips Lytle, LLP, 3400 HSBC Center, Buffalo, NY 14202 This is a claim for invoice No. 472424 for services rendered to the Department of Law. $ 29,127.00 C. 14. Phillips Lytle, LLP, 3400 HSBC Center, Buffalo, NY 14202 This is a claim for invoice No. 46472425 for services rendered to the Department of Law. $ 33,725.50 C. 15. Phillips Lytle, LLP, 3400 HSBC Center, Buffalo, NY 14202 This is a claim for invoice No. 472426 for services rendered to the Department of Law. $ 28,891.60 C. 16. Rupp, Base, Pfalzgraf, Cunningham & Coppola, LLC, 1600 Liberty Building, Buffalo, NY 14202 This is a claim for invoice No. 42400 for services rendered to the Department of Law. $ 11,563.00 C. 17. Utilityaccounts.com, 325 Delaware Avenue, Buffalo, NY 14202 $ 1,330.00 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,' airman *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * * s RUSSELL SMITH * * s [ MAJ - 5 ] g * 0 [213 - 6] [ 34 - 71 Miscellaneous Reimbursement D. 1. Bucholtz, David, 64 Pavonia Street, 14207 $ 540.20 D. 2. Crawford, Leslie, 988 Kensington Avenue 14215 $ 225.00 D. 3. Hunt, Sandra, 138 Leroy Avenue, 14214 $1,350.64 D. 4. Sly, Jennifer, 361 West Delavan, 14213 $ 13.98 D. 5. Sullivan, Sean, 304 Okell Street, 14220 $ 749.56 D. 6. Zaprzal, Melissa, 12 Pleasantview Lane, West Seneca, NY 14224 $ 40.00 That checks in the amount of $1,000.00 be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, 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 _K Chairman D i -i)G *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * RUSSELL * SMITH [ --- ----- ----- ] [MAJ- 5] * g * 0 [ 2/3 - 6 ] [3/4 - 7] z BREACH OF CONTRACT E. 1. Aria Contracting Corp. v. City of Buffalo $11,000.00 E. 2. Xerox $20,000.00 That checks in the amount of $1,000.00 be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, 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 *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * SMITH * * [ MAJ - 51 * g 0 [213 - 6] [3M - 7] DEATH BENEFITS F. 1. Donald Herbert $7,163.06 F. 2. William Lewis (Homer) $7,852.97 That checks in the amount of $1,000.00 be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, 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 RMV T: \wp60\msword\rmv\ 1 -31 -07 clmcomm. doc *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL SMITH [---- --------- ] * . [MAJ- 51 * g p [ 2/3 - b ] * W [ 3/4 - 7 ] CIVIL SERVICE (Bonnie E. Russell, Chairperson) Appointment Associate Account Clerk (Inter#3) (Compt.) (Item No. 10 -Jan. 23 2007) That Communication 10, Jan. 23, 2007 be received and filed and the contingent permanent appointment of Judy S. Banks stated above at the intermediate starting salary of $31,538.00 effective on January 16, 2007 is hereby approved. PASSED Recommended by the Committee on Civil Service L,", Chairperson *AYE* NO BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL SMITH * [-------- - - - - -] [MAJ- 51 g p [ 2/3 - 6 ] [ 3/4 - 7 ] Appointment Associate Auditor (Max) (Compt.) (Item No. 11 -Jan. 23 2007) That Communication 11, Jan. 23, 2007 be received and filed and the temporary appointment of Pamela A. Tyler stated above at the intermediate starting salary of $44,779.00 effective on January 15, 2007 is hereby approved. PASSED 3 Recommended by the Committee on Civil Service L k Chairperson -D-1, *AYE* NO BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL SMITH [-------- - - - - -] [ MAJ - 5 ] * g p [ 2/3 - 61 [3/4 - 7] Appointment Jr. Accountant (Perm. Cont.) (Inter #2) (Compt.) (Item No. 12 -Jan. 23 2007) That Communication 12, Jan. 23, 2007 be received and filed and the contingent permanent appointment of Ronald L. Wachowski stated above at the intermediate starting salary of $29,682.00 effective on January 8, 2007 is hereby approved. PASSED Recommended by the Committee on Civil Service Chairperson *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * SMITH [ ------------- ] [ MAJ - 51 * g * 0 [ 2/3 - 6 [ 3/4 - 7 Appts.- Detective (Max) (Pol) ( #25,1/23) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Civil Service L i� Uk V Appt.- Detective Sergeant (Max) (Pol) ( #26,1123) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Civil Service +,; z� j : Appt.- Detective Sergeant (Cont. Perm.) (Max) (Pol) ( #27,1/23) That the above item be and the same hereby is received and filed. r s Recommended by the Committee on Civil Service t� L Appt.- Police Lieutenant (Cont. Perm.) (Max) (Pol) (#28,1/23) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Civil Service R ,�� 1 Appt.- Police Lieutenant (Perm.) (Max) (Pol) ( #29,1/23) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Civil Service b-,�.uxw Appointment Report Technician (Temp) (Max) (Pol) (Item No. 30 -Jan. 23 2007) That Communication 30, Jan. 23, 2007 be received and filed and the temporary appointment of Carrie Price stated above at the maximum starting salary of $30,213.00 effective on December 23, 2007 is hereby approved. PASSED Recommended by the Committee on Civil Service NN\kk Jl Chairperson *AYE* NO * BONIFACIO DAVIS * * * FONTANA * FRANCZYK * * T GOLOMBEK KEARNS LOCURTO * RUSSELL * * T SMITH [ ------------- ] [ MAJ - 51 * 9 p [ 2/3 - 6 ] [ 3/4 - 7 ] Appointment Report Technician (Perm.) (Max) (Pol) (Item No. 31 -Jan. 23 2007) That Communication 31, Jan. 23, 2007 be received and filed and the permanent appointment of Stephania Ovak stated above at the maximum starting salary of $30,213.00 effective on December 25, 2007 is hereby approved. PASSED Recommended by the Committee on Civil Service t Chairperson *AYE* NO BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL SMITH [ ------------- ] [ MAJ - 5 ] * 9 * p [ 2/3 - 6 ] [3/4 - 7] Appointment Senior Budget Examiner (Inter#2) (Pol) (Item No. 32 -Jan. 23 2007) That Communication 32, Jan. 23, 2007 be received and filed and the intermediate appointment of John W.Stanchak stated above at the intermediate starting salary of $52,684.00 effective on December 11, 2007 is hereby approved. Recommended by the Committee on Civil Service c� � V gµ Chairperson *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL SMITH [-------- - - - - -] [ MAJ - 51 * 9 p [ 2/3 - 6 ] [ 3/4 - 71 n Notices of Appt. - Temp. /Prov. /Perm. (C. Clk.) ( #44,1/23) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Civil Service I z Notices of Appt.-Temp./Prov./Perm. (C. Clk.) (#45,1/23) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Civil Servicel�o� � , " I �u w (11 I FINANCE (Brian C. Davis, Chairman) Audit Report-Div. Of City Clerk - 7/1/05- 6/30/06 (Compt) ( #5,1/23) That the above item be and the same hereby is received and filed. i •' i Recommended by the Committee on Finance /y Response to City Clerk's Audit (C. Clk.) (#40,1/23) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Finance Permission to Enter into Agreements w/NYSDOT — Buffalo Niagara Medical Campus Site — PIN #5757.59 (Item No. 10, C.C.P., Jan. 9, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation, PIN #5757.59 to administer, design, bid and construct streetscape improvements throughout the Buffalo Niagara Medical Campus Site. The City's share of costs anticipated being 5% would be available in Capital Account for Local Match Reserve. Passed. Recommended by the Committee on Finance Chairman PJS:rmv tAwp60\msword \:nnv \1 Oc 1- 9c.doe *AYE* NO * BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS * LOCURTO * RUSSELL * i SMITH * * * * [MAJ- 5] * 9 p [213 - 6] [ 3/4 - 7 ] B. Davis- Audited Financials for BNRC ( #48,3/21) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Finance BNRC Audited Financial Statements (Strat. Plan.) (#7,11/14) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Finance BERC Audited Financial Statements (Strat. Plan.) ( #4,10/17) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Finance ) 7 LEGISLATION (Richard A. Fontana, Chairman) { NO. Request to Rename Portion of Abbey Street from Tifft Street to Railroad Right of Way to "Riffling Blvd" (Hrg. 2/6/07) CCP #Z ?- January 9, 2007 That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE CO TEE O LE ATION Richard A. Fontana, Chairman 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 for two consecutive weeks, a copy of which is attached hereto. On a motion by Mr. Bonifacio, seconded by , the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - In Favor: Opposed: fl. Mr. Bonifacio moved that the hearing be closed. Seconded by. ' CARRIED. — :Bonifacio nbkv moved that, after.-h quired public hearing held by this Council, the ab&e item-be an the same rabvis anmroved: -b 17 Buffalo News Jan. 24, 2007 Jan. 31, 2007 Request to Rename (Itc That. the above item be, without recommendation. _ `J4 WNV , Mr.. t moved: ion of Abby Street to o. 68, C.C.P., Jan.9 the same hefebv is Common Council That pursuant to Section 286 -3 of the City Code, the request to rename a portion of Abby Street from Tifft street to the railroad right -of -way to "Rittling Boulevard ", is hereby approved. Passed. Recommended by the Committee on Legislation Chairman PJS:rmv t:Awp60\msword \:rmvA68c t - 9c.doc Wing Boulevard" r` *AYE* NO * BONIFACIO DAVIS FONTANA FRA.NCZYK GOLOMBEK KEARNS LOCURTO * * e RUSSELL SMITH * [ MAJ - 5 ] * 9 0 [ 2/3 - 61 [ 3/4 - 7 ] k Notice of Intention - Request to Rename Portion of Abby Street to "Rittling Boulevard" (Item No. 39, C.C.P., Jan.23, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Legislation Chairman PJS:rmv tAwp60\msword \:rmv\39c 1- 23c.doc i� s Request to Rename Portion of Abby Street to "Rittling Boulevard" (Police) (Item No. 24, C.C.P., Jan.23, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Legislation PJS:rmv tAwp60\msword \:rmv\24c I - 23c.doc Chairman a, Request to Rename Portion of Abby Street to "Rittling Boulevard" (Adm.) (Item No. 33, C.C.P., Jan.23, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Legislation Chairman PJS:rmv t:Awp60\msword \:rmvA33c 1- 23c.doc Postmaster - Request to Rename Portion of Abby Street to "Rittling Boulevard" (Item No. 63, C.C.P., Jan.23, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Legislation PJS:rmv tAwp60\msword \:rmv \63c 1- 23c.doc f Chairman l E K. McCarthy, Agt., Use 139 (AKA 139/145/151/157) Bflo. River - Ethanol Plant (So) (Hrg. 10/10) ( #62, 10/3) That the above item be and the same hereby is referred to the Common Council without recommendation. Mr. Fontana moved: That the above item be and the same hereby is recommitted to the Committee on Legislation. ADOPTED. Recommended by the Committee on Legislation R. Frederick, Agt., Use 2635 Delaware Ave. -Suite F -HSF (No Pub Hrg Req) ( #65,1/23) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation �C Rooming House Legislation (Exc. 1 -4 Res.) (#147,10/3) ( #76, 1/23) That the above item be and the same hereby is received and filed. Recommended by the Committee on Legislation jl�� Addressing Vacant Properties as a Regional Issue (CP) ( #15,1/23) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation. y 4� J. Golombek- Special Police Insurance ( #58,1/23) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation 9 ,11 b$9 G. Harp -Time Warner Cable- Comments -COB Contract ( #59,1/23) That the above item be and the same hereby is received and filed. ADOPTED. Recommended by the Committee on Legislation Request the Department of Law Add the Goals of the City of Buffalo Section 3 Program to the Charter and Code of the City of Buffalo (Item No. 104, C.C.P., Dec. 26, 2006) That the Common Council requests that the Law Department research and draft if legal the necessary ordinance amendment that would include the Section 3 Program. The Law Department is to file a written response with the Common Council within thirty (30) days of the adoption of this resolution; and That the Common Council requests the Buffalo Urban Renewal Agency (BURR) and Buffalo Economic Renaissance Corporation (BERG) also consider adopting the City's Section 3 Program as part of their Agency's policy; and That the City Clerk is to forward certified copies of this resolution to the City's Law Department, BURA and BERC and the Western New York delegation to the State Legislation for a response. Adopted Recommended by the Committee on Legislatio Chairman PJS:rmv tAwp60\msword \:rmv \I04c 12- 26c.doc Food Store License — 754 Sycamore (Item No. 18, C.C.P., Jan. 9, 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 Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Motahar Hassan, located at 754 Sycamore (Moe's Corner Shop), with the following conditions: 1. Violence directly associated with, whether inside or outside the premises at 754 Sycamore Street, may result in the immediate suspension or revocation of City of Buffalo Licenses after notice and hearing in accordance with City of Buffalo Code. 2. No gang activity or loitering will be allowed on the premises. 3. All banners, signage lighting and any exterior advertising or interior window advertising must strictly adhere to the City of Buffalo enforced codes. 4. Failure to comply with any of the above conditions may result in the immediate suspension or revocation of City of Buffalo Licenses after notice and hearing in accordance with City of Buffalo Code. Passed Recommended by the Committee on Legislation � 71 - Chairman PJS:rmv T:\wpWmsword\rmv \I 8c I -9c. doe *AYE* NO BONIFACIO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL SMITH [-------- - - - - -] [ MAJ - 5) * g * p [ 2/3 - 6 ] [ 3/4 - 7 ] COMMUNITY DEVELOPMENT (Joseph Golombek Jr., Chairman) 2007 -2008 Annual Action Plan — Year 33 Community Development Block Grant (Item No. 3, C.C.P., Jan. 23, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Common Council approves the 2007 -2008 Annual Action Plan for the Year 33 C m unity Develop nt Block G nt ith the alloi8,n of funds set ro the U.S, ° depart enttof�Housin� UrbaWDevelon ent. Recommended by the Committee on Community Development '.- .-. , pa q ChairmzW PJS:rmv t:\wp60\msword\:rrnv\3cl-23c.doe .d J. Booth - Bicycle- Pedestrian Adv Bd- Resolution -Opp Removal, Merger or Elimination of Theatre District Metro Rail Station as Part of Cars Sharing Main St Project CCP# 50, Jan 23 That the above item be the same and is hereby received and filed ADOPTED Reconniiendea by the Commit e on Community Development D. Bonifacio- Niagara River Boardwalk CCP# 35,12/26 That the above item be the same and is hereby received and filed ADOPTED Reco en ed by the Committe on Community Development 35- 50 RESOLUTIONS { RESOLUTION By: Mr. Davis Co- Sponsor(s): Messrs. RE: Permission for St. John Baptist Church to Hang Flags Whereas: The congregation of St. John Baptist Church is delighted to be celebrating the Church's 80 Anniversary with year long events; and Whereas: Located at 184 Goodell Street, in Buffalo's Ellicott District, St. John's Baptist Church has been a significant part of the community since 1927; and Whereas: To honor the 80 Anniversary milestone, St. John Baptist Church is requesting permission from the City of Buffalo to hang flags; and Whereas: St. John Baptist Church wishes to hang the flags on City light posts at the St. John Campus on Michigan Avenue and Goodell Street, for 45 days; Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo does hereby approve the placement of flags at the St. John Campus on Michigan Avenue and Goodell Street, in celebration of the 80 Anniversary of St. John Baptist Church; and Now, Therefore, Be It Further Resolved That: This Honorable Body does hereby approve the request for flags by St. John Baptist Church with the condition that all City of Buffalo regulations as they pertain to the hanging of flags be met. y Brian C. Davis - *AYE* NO * BONIFACIO DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL * SMITH [ ------------- ] [ MAJ - 5 ] * g 0 [ 2/3 - 6 ] [ 3/4 - 7 ] By: Mr. Davis Re: Ordinance Amendment Chapter 137, Code Enforcement The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 137 of the Code of the City of Buffalo be amended to read as follows: § 137 -7. Schedule of fines and penalties. The schedule of fines and penalties shall be as follows: Initial Additional Maximum Type of Violation Fine Penalty Penalty Total Fine Class C $52.50 $52.50 $52.50 $157.50 [Lodging house, § 269 -31 Fine Class D $75.00 $75.00 $75.00 $225.00 Operating a Lodging house with unlicensed agent, § 269 -5 Fine Class E $105.00 $105.00 $105.00 $315.00 Operating a lodging house without a license, § 269 -2. APPROVED AS TO FORM Corporatio Counsel ,F I ON LEGISLATION C r 0 &V . rot -p) / I-DV By: Mr. Davis Q- Re: Ordinance Amendment Chapter 175, Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: § 175 -1. Enumeration of fees. The following schedule of fees is hereby established with respect to licenses, permits and activities required or regulated under the provisions of various chapters of the Code of the City of Buffalo. Applications for and the issuance of such licenses and permits shall be subject to the provisions of the specific chapter of the Code which is indicated for each type of license or permit. The business, activity or operation for which the license or permit is required shall be subject to all regulations set forth in the chapter to which reference is made. These fees may be adopted or revised by the Common Council from time to time. Code Chapter Section, Type of Application, Permit or License Fee Chapter 269, Lodging Houses § 269 -13, license For 3 to 14 beds or cots New license $71.00 License [renewal] reissuance $57.00 For 15 to 25 beds or cots New license $118.00 License [renewal] reissuance $104.00 For more than 25 beds or cots (new license) $118.00, plus $2.50 For each bed or cot in excess of 25 $104.00, plus (license [renewal] reissuance $2.50 Lodging House Agent License $30.00 annually APPRO D AS TO FORM Corporation 'Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. qf8 AAL:PJS: T Awp60 \msword \pj s \ord- amend - 175- lodginghouse -fees REF E k T THE COMMITT o ,.. L EG I SLAT I O N , �i�' >nv +a. G5(` C=� Nvini�. i✓��tt;� /�is"��i.�� � �, �rvS('bc- `�cs6"S sc� cry a "c E�00'1 By: Mr. Davis Re: Ordinance Amendment Chapter 269, Lodging Houses The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 269 of the Code of the City of Buffalo be amended to read as follows: Chapter 269, Lodging Houses § 269 -1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: LODGING HOUSE — A building in which three or more persons are accommodated for a fee with sleeping privileges. The term shall also include any establishment known as a "rooming house" which accommodates three or more persons for a fee with sleeping privileges. § 269 -2. [(Reserved)] Licensed Required. A No person firm corporation or like entity shall occupy, operate use or maintain any building or portion thereof as a lodging establishment nor conduct a lodging house in any building or portion thereof without first having been issued license by the Department of Economic Development Permits & Inspection Services pursuant to a verified written application upon forms provided by the Department. B No license shall be issued unless the owner or the approved agent of the owner as provided and licensed pursuant to this chapter resides on the premises of the lodging house as so defined in this chapter § 269 -3. Lodging House license application and approvals. [License Required.] A Every person firm cop2oration or like entity in applying for a license to conduct, use operate or maintain a lodging house shall submit with its application the following information: (1) The name and address of a permanent resident of the City of Buffalo who shall be the agent and responsible for the management of said lodging house. The Commissioner shall approve of any proposed agent and the agent shall obtain a license in accordance with §269 -5 This requirement shall not apply to those lodging houses exempt from providing an agent as also provided for in §269 -5G. (2) A description of the property y street number, the number of rooming units on the premises the number and location of rooms and beds to be used for lodging house purposes on the premises. (3) The number of persons occupying each rooming unit. Vic (4) A plan or diagram of the lot containing the lodging house and of each floor in the building, showing all dimensions, doors, windows, closets, wat c losets, bathrooms, staircases and means of exit B. Such information shall be filed annually with the Erie County Department of Health unless the applicant shall state under affidavit that no changes have been made affecting the previous plan or diagram filed. [No person, firm or corporation shall occupy, use or maintain any building or portion thereof as a lodging house nor conduct a lodging house in any building or portion thereof without first obtaining a license therefor from the Commissioner of Permit and Inspection Services. No license shall be issued unless the owner or lessee or the agent of the owner or lessee as designated in § 269 -4A(1) hereof resides on the premises of the lodging house or within 500 feet of the premises. The application for such license shall be prepared by and obtained from the Commissioner of Permit and Inspection Services. The application shall require only such information as is pertinent to the conduct, use, occupancy and maintenance of a lodging house, together with the information required in § 269 -4 hereof. Each application, including an application for the reissuance of a license, shall be referred to the Commissioner of Fire for compliances with applicable fire and safety laws, to the Commissioner of Police for the police record of applicant or applicant's agent and to the Commissioner of Permit and Inspection Services for his approval as to conditions of health and sanitation.] § 269 -4. Referral of lodging house license application. [Applications; filing of required information.] A. The application for a lodging house license shall be prepared by and obtained from the Commissioner of Economic Development, Permit and Inspection Services. The application shall require only such information as is pertinent to the conduct, use, occupancy and maintenance of a lodging house together with all information required pursuant to this chapter. All applicants shall produce satisfactory photo identification as a part of the application process as well as sufficient proof of residency if claiming to reside on the premises. [Every owner or lessee of any lodging house shall submit with his application to conduct a lodging house the following information: (1) The name and address of a permanent resident of the City of Buffalo who shall be the agent and responsible for the management of said lodging house. (2) A description of the property by street number, the number of apartments in each lodging house, the number of rooms in each apartment and the number of rooms for sole occupancy. (3) The number of persons occupying each room and /or apartment. (4) A plan or diagram of the lot containing the lodging house and of each floor in the building, showing all dimensions, doors, windows, closets, water closets, bathrooms, staircases and means of exit.] B. All applications for a lodging house shall be referred to the Commissioner of Economic Development Permit and Inspection Services for his /her approval. The Commissioner shall cause an inspection of the premises to ensure that the building or structure is in compliance with all applicable zoning and building codes. The referral shall be returned with a recommendation for approval or disapproval of the application. All disapprovals must state the basis therefore in writing. [Such information shall be filed annually with the Department of Health, unless the applicant shall state, under affidavit, that no changes have been made affecting the previous plan or diagram filed.] C All applications for a lodging house shall be referred to the Department of Fire for qpproval and to ensure that the premises is in compliance with all gpplicable Fire and Safety Codes. The referral shall be returned with a recommendation for approval or disapproval of the application All disapprovals must state the basis therefore in writing. D All applications for a lodging house license issued under this chapter shall be referred to the Commissioner of Police who shall promptly cause an investigation to be made into the criminal background and moral character of the applicant. The Commissioner of Police shall also cause an investigation into the relevant criminal history � t the premises. The Commissioner of Police shall investigate and report such findings and make a recommendation to the Department of Economic Development, Permit and Inspection Services as to whether or not approval and issuance of the license is recommended. If approval is not recommended such report shall state the reasons therefore in writing. E. All applications for a lodging house license shall be referred to the Erie County Department of Health for approval as to conditions of health and sanitation. If the County fails to respond within ninety (90) days of its referral the Commissioner of Economic Development Permit and Inspection Services may issue license if deemed appropriate after an inspection by the Department of Economic Development Permit and Inspection Services and all other necessary approvals have been met. F All new applications for a lodging house license shall be referred to the Common Council for approval. § 269 -5. Approving, of Agent, License required. [Expiration; reissuance. A lodging house license shall expire on the first day of February next after issuance. Applications for reissuance of a license may be made 30 days prior to the expiration date and shall in any event be made not later than January 31 next after its original issuance. Each applicant for reissuance shall be required to submit a new application therefor.] A No individual shall be permitted to serve as agent as provided in this chapter without first obtaining a license from the Department of Economic Development, Permit and Inspection Services upon the approval of the Commissioner. B Prospective Agents shall appear in person in the offices of the Department of Economic Development Permit and Inspection Services and shall be required to complete a license application as provided by the department C All prospective agents shall produce satisfactory photo identification as a part of the application process as well as sufficient proof of residency. D. The Commissioner mgy disapprove of a proposed agent if in his /her discretion the proposed agent is unqualified or unfit. In determining whether an agent is qualified or fit, the Commissioner may consider factors including but not limited to: 1. The moral character of the agent; 2. Relevant experience of the agent; 3. The degree of supervision deemed appropriate at the premises; 4. The number of occupants residing at t the premises; 5. Occupant safety; and 6. Any other relevant factors. E. Moral Character of Prospective Agent. All applications for licenses to serve as agents issued under this chapter shall be referred to the Commissioner of Police who shall promptly cause an investigation to be made into the criminal background and moral character of the applicant. The Commissioner of Police shall investigate and report such findings and make a recommendation to the Department of Economic Development Permit and Inspection Services as to whether or not approval and issuance of the license is recommended. If approval is not recommended such report shall state the reasons therefore. F. Suspension or Revocation of Agent's license An agent's license issued pursuant to this chapter may be revoked or suspended for cause after notice and hearing by the Commissioner of Economic Development, Permit and Inspection Services. The Commissioner of Economic Development and Permit and Inspection Services may designate an Administrative Law Judge who shall be an attorney admitted to practice in the State of New York for at least three (3) years, to administer hearings held pursuant to this chapter. Said Administrative Law Judge shall recommend to the Commissioner of the Department of Economic Development and Permit and Inspection Services whether a license should be revoked or suspended after notice and hearing. G. Exemption from Agent requirements. Lodging houses that contain full bathrooms in each rooming unit, maintain and staff twenty -four (24) hour a day registration desks and provide rooming unit doors equipped with outer door locking devices requiring separate keys to gain entrance shall be exempt from all licensed agent regLuirements contained in this chapter. H. Licenses issued to agents are nontransferable in accordance with § 269 -10. Should the owner or lodging house licensee for any reason change agents, he /she shall notify the Department of Economic Development Permit and Inspection Services in writing, and the prospective agent shall appear any apply for a license as required under this chapter. The prospective agent may not serve as agent without the approval of the Commissioner and issuance of a license. § 269 -6. Expiration; reissuance. [Certificate of occupancy; registration. A. Every lodging house which lodges five or more persons shall procure a certificate of occupancy, as provided for in the Multiple Dwelling Law or Chapter 129 of the Charter of the City of Buffalo. B. No license shall be issued pursuant to § 269 -3 hereof unless the applicant for said license shall first register the proposed lodging house with the Commissioner of Permit and Inspection Services.] A lodging house license shall expire on the first day of February next after issuance. Applications for reissuance of a license may be made 30 days prior to the expiration date and shall in any event be made not later than January 31 next after its original issuance. Each applicant for reissuance shall be required to submit a new application therefore. § 269 -7. Certificate of occupancy; registration. [Lodging house register. Every lodging house shall have, keep and maintain a register in a suitable place in said lodging house, and every person applying for a room, bed or cot shall register his or her name and address therein. Said register shall be open to the police for inspection.] A Every lodging house which lodges five or more persons shall procure a certificate of occupancy, as provided for in the Multiple Dwelling Law or Chapter 129 of the Charter and Code of the City of Buffalo. B No lodging house license shall be issued pursuant to this chapter unless the qpplicant for said license shall first register the proposed lodging house with the Commissioner of Economic Development Permit and Inspection Services. § 269 -8 [(Reserved)] Lodging house register. Every lodging establishment shall have keep and maintain a register in a suitable place on the premises and every person gpplying for a room bed or cot shall register his or her name and address therein. Said register shall be open to the police for inspection. § 269 -9. Revocation or suspension of license. A license issued pursuant to this chapter may be revoked or suspended for cause after hearing by the Commissioner of Economic Development, Permit and Inspection Services. The Commissioner of Economic Development and Permit and Inspection Services may designate an Administrative Law Judge who shall be an attorney admitted to practice in the State of New York for at least three (3) years to administer hearings held pursuant to this chapter. Said Administrative Law Judge shall recommend to the Commissioner of the Department of Economic Development and Permit and Inspection Services whether a license should be revoked or suspended after notice and hearing. Any violation of or failure to comply with any of the laws or ordinances applicable to a lodging house shall be cause for revocation. The Commissioner or his designee may also consider such factors, including, but not limited to, the nature and disposition of any notices of violation from the Bureau of Administrative Adjudication issued for conduct at the property; and the nature and frequency of complaints about the property generated from, among other sources, Police Department incident reports, 911 calls, property inspection reports and other verifiable information reported to the City. § 269 -10. Transferability and display of licenses. A lodging house license issued hereunder ( as well as any license issued to an agent under this chapter) is not transferable, and shall be kept posted in a conspicuous location in the main entrance hallway of such lodging house at all times. The name of the agent (if applicable) as well as a telephone number and room number or location whereby the agent may be reached in the case of an emergency shall also be posted and displayed in a conspicuous location in the main hallway at all times, except for those lodging houses exempt from the agent requirement as set forth in § 269 -5G. § 269 -11. (Reserved) Fines and Penalties. Any person firm corporation or like entity, occupying, operating using or maintaining any lodging house in violation of the provisions of this chapter may be liable for penalties as prescribed in Chapter 137 of this Code and any lodging house found operating without a license may be subjected to the immediate closure by the Buffalo Police Department and /or the Department of Economic Development, Permits & Inspection Services. § 269 -12. Inspections. The Commissioner of Health, the Commissioner of Economic Development, Permit and Inspection Services, the Department of Fire and the Department of Police shall be given free access to all parts of any lodging house at any reasonable hour. § 269 -13. Fees. The license fee for each lodging house license and lodging house agent license shall be as provided in Chapter 175, Fees. § 269 -14. Applicability. This chapter shall not apply to hospitals, orphan asylums or charitable or nonprofit institutions. APPRO D AS O FORM Corporation Counsel NOTE: Matter underlined is new; matter in brackets is to be deleted. AAL:PJS: T:\wp60\tnsword\pjs\ord-aniend-ch269-lodging-FINAL.doc R r CO MMITTE ON LE06- z r r CO Ord 0 :; A--f0 RESOLUTION By: Mr. Fontana RE: Trailblazing Sign -Andy DiVincenzo Whereas: Trailblazing Signs, otherwise known as honorary street names, are generally assigned to honor and commemorate noteworthy persons associated with the City of Buffalo; and Whereas: The Common Council has received a request for a Trailblazing Sign to honor Chef Andy DiVincenzo; and Whereas: Mr. DiVincenzo dedicated most of his life in helping both local and national charitable events, including donations to support St. Agnes Parish and youth sports programs. Other events that Mr. DiVincenzo highly supported included "Kids Escaping Drugs," "Camp Good Days and Special Times," "March of Dimes," "Food banks of Western New York;" "Hunter's Hope Foundation," and the "Ilio DiPaulo Scholarship Foundation;" and Whereas: Chef DiVincenzo diligently worked his trade, serving customers from all of Western New York the best and widely diverse meals from his well known restaurant, "Billy Ogden's," located at 1834 William Street in the City of Buffalo for over 16 years; and Whereas: A Trailblazing Sign is truly appropriate due to Chef DiVincenzo naming his business after the city streets where it is located; and Whereas: An honorary sign is desired to commemorate Mr. DiVincenzo as a noteworthy person in this Lovejoy District neighborhood. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby approves the installation of Trailblazing Signs proclaiming the portion of William Street from North Ogden Street to Bailey Avenue as "Chef Andy DiVincenzo Way;" and Be It Further Resolved: That this Common Council requests that the Department of Public Works, Parks and Streets install the Trailblazing Signs on the northwest corner of North Ogden and William, as well as the southwest corner of Bailey and William; and Be It Finally Resolved: That this item be referred to the appropriate committee for further action. Richard A. Fontana RE FERRED __ ITS O ��, L_ t t _, i Cof-1 m , 6 r Co 6 u C Wcvt /� S t ell H (c By: Mr. Franczyk , City of Buffalo Local Law No._(2007) Introductory No. 1 (2007) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Boards and Commissions BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOW: Section 1. That Article 18 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follow: Buffalo Environmental Management Commission § 18 -51. Establishment of the Buffalo Environmental Management Commission. There is hereby established a commission to be known as the Buffalo environmental management commission that shall be charged with advising city government on present and proposed methods and plans for the preservation, enhancement, protection and management of the environment and encouraging action to improve environmental quality among public and private agencies and organizations operative within the city of Buffalo. § 18 -52. Membership. The commission shall consist of nine members; four of whom shall be appointed by the mayor, four of whom shall be appointed by the common council and one of whom shall be appointed by the Buffalo Niagara partnership or any successor organization to the Buffalo Niagara partnership. The terms of the members shall be two years, except that five of the members first appointed after the enactment of this charter shall be appointed for two years and two of the mayor's appointees and two of the common council's appointees shall be appointed for one year. The members of the commission shall have environmental oriented training or background in public service and shall be committed to the preservation and enhancement of environmental quality. § 18 -53. Powers and Duties of the Buffalo Environmental Management Commission. The commission: (a) shall hold at least six (6) meetings each year, all of which are open to the public; (b) shall adopt rules and procedures for its meetings and keep accurate records of its meetings and activities; (c) in appropriate cases from time to time, may recommend programs for the protection, preservation and ecologically suitable utilization of open land areas, scenic and historic sites, natural areas, shorelines, marshlands, drainageways and other wetlands in the city to the mayor and common council; (d) in appropriate cases, may recommend the expansion and development of the amount of open space within the city; (e) may advise and make recommendations to the mayor, common council and director of environmental affairs as requested or as may be deemed appropriate by the commission on matters affecting the environmental quality of the city; (f) may develop, recommend and assist in the conduct of a program of public information in the city which shall be designed to increase the understanding of environmental problems and to foster support for their solution; (g) shall cooperate with and assist such other governmental or nongovernmental boards or organizations in the review of proposals or applications as the mayor or common council may direct; W. (h) may recommend in writing that the common council accept by gift, conditional or unconditional grant, devise or otherwise, real property in fee, or any lesser interest, including conveyance with limitations or reversions, for the purpose of this article. (i) may hold hearings for specified purposes in accord with the general purposes of this article; 0) may report its findings to the mayor, common council, director of environmental affairs, public and private agencies and organizations and interested parties; (k) may submit an annual budget to carry out its purposes and powers as fixed by this article or any other applicable ordinances; (1) may prepare and present a periodic state of the environment report to the mayor and common council; (m) may encourage that environmental concerns be considered and all existing laws, rules and regulations are being complied with by the responsible departments; (n) may encourage appropriate departments to take legal and /or enforcement action pursuant to their authority as warranted and where necessary; and (o) may recommend that the corporation counsel seek an injunction to abate violations of any laws, rules and regulations pertaining to environmental affairs. § 18 -54. Meetings. The commission shall: (a) Hold at least six meetings each year, all of which are to be open to the public; (b) Adopt rules and procedures for its meetings; and (c) Keep accurate records of its meetings and activities. § 18 -55. Powers, Duties and Functions. The commission, in cooperation with the appropriate city offices, shall prepare and keep current an inventory and map of all areas within the city, including, but not limited to, those open land areas, scenic and historic sites, natural areas, shorelines, marshlands, drainageways and other wetlands in the city, for the purpose of obtaining information pertinent to the preservation, enhancement, and use of such areas. The commission, from time to time, may recommend programs for the protection, preservation and ecologically suitable utilization of such areas to the mayor and common council. In addition, the commission, in cooperation with appropriate city departments, may recommend the expansion and development of the amount of open space within the city. The commission shall advise and make recommendations to the mayor and common council as requested or as may be deemed appropriate by the commission on matters affecting the environmental quality of the city, and may act as a lead agency for the city concerning any report, recommendation, study, or other matter required by the terms of the state environmental quality review act. § 18 -56. Qualifications of Staff. The commission's staff shall be provided from the division of environmental affairs. The chief staff person shall be the director of environmental affairs and the staff shall also include an environmental research analyst who shall have earned a bachelor's degree and have one year of experience in the field of urban planning or environmental analysis. § 18 -57. Powers, Duties and Functions of Staff. (a) The director of environmental affairs shall be responsible to the commission as chief administrator of the commission to ensure that its duties and responsibilities are carried out, and shall assist the commission as necessary. (b) The duties of the environmental research analyst shall include, but not be limited to, the following: (i) Analyze environmental assessment forms and environmental impact statements relating to the work of the commission: (ii) Analyze all license applications for licenses which may have environmental implications. (iii) Perform necessary inspections in connection with license application review for environmental compliance. (iv) Work with and advise other city departments, as may be necessary or appropriate. (v) Assist the commission as may be deemed necessary or appropriate. (vi) Respond to environmental concerns as necessary. § 18 -58. A. Environmental Notices. The mayor, as the chief executive officer of the city of Buffalo, and all other city officials shall file with the city clerk all notices received on behalf of the city of Buffalo pursuant to the provisions of the State Environmental Review Act and the regulations promulgated pursuant to the Act. Such a notice shall be filed before the end of the next business day with the city clerk who shall promptly forward a copy of such notice to the Buffalo Environmental Management Commission. B. Buffalo Pest Management Sub - Committee There shall be a standing sub - committee known as the "Buffalo Pest Management Sub - Committee." The Buffalo Pest Management Sub - Committee shall fully incorporate the "Buffalo Pest Management Board" previously perating under Chapter 6 of the Cite. 1.Declaration of policy. a. The Common Council of the City of Buffalo finds and declares that the environmental) sound_ management of plant and animal species within the city is an integral part of preserving human health and maintaining a vibrant and healthy ecosystem in the city. b. The Common Council also finds and declares that the potential hazards involved in the use of pest control methods must be given the highest scrutiny in light of the need to preserve the fragile ecosystem of this city. Indeed in order to so protect the heritage of our future generations, it is the declared policy of this city to phase out the use of pesticides that are toxic to nontar eg t organisms by the City of Buffalo, to employ pest control strategies which are the least hazardous to human health and the environment, to adopt pest management _ programs and strategies which place first priority on the prevention of pest problems and to use pesticides that are toxic to nontarget organisms only in emergencies as defined in § 18 -58 B9. c. Towards this end wise planning and control of activities which influence the ecological balance of the natural resources and environment of this city and the natural and functional beauty of its surroundings require broad -based participation and cooperation of government entities, public and private organizations and the people of the City of Buffalo. d. It is therefore in the best interest of the city that a Pest Management Sub - Committee of the Buffalo Environmental Commission be created with the responsibility of assisting the Buffalo Environmental Commission in developing pest management policies for the city. These policies shall include decision making processes that will incorporate preventative pest management planning for all City of Buffalo projects involving plantings building and remodeling designs, maintenance programs, etc. In furtherance thereof, when pest management treatment programs are undertaken, they must be: (i) Least disruptive or nondisruptive of natural controls. (ii) Least disruptive or nondisruptive to human health. (iii)Nontoxic to nontar eg t organisms. (iv)Feast damaging or not damaging to the environment. (v) Most likely to produce a permanent reduction in the environment's ability to support the pest infestation. 2. Membership. a. The Buffalo Pest Management Sub - Committee shall consist of nine members. Two members shall be appointed by the Mayor, one by the Environmental Management Commission and six by the Council. The terms of the members shall be for two years except those of the members first appointed. Of those, five shall be appointed for terms of two years and one of the Mayor's and three of the Common Council's appointees shall be appointed for terms of one year. All members shall serve without compensation. A vacancy uring the term of any member shall be filled in the manner that the original appointment was made for the duration of the expired term. b The Buffalo Pest Management Sub - Committee will establish and consult with as it deems necessary, a subcommittee of city department personnel involved in pest management activities. 3. Qualifications. The members of the Buffalo Pest Management Sub - Committee shall have a demonstrated commitment to the preservation and enhancement of environmental quality and to public service.. 4. Meetings. The Buffalo Pest Management Sub - Committee shall: a. Hold at least nine meetings each year, all of which shall be open to the public. b Adopt rules and procedures for its meetings including specific provisions for public participation during Board meetings and on major policy decisions. c. Keep accurate records of its meetings and activities. d File an annual report with the Mayor Common Council and Comptroller on or before the 31 st day of March of each year. 5. Objectives. The objectives of the Buffalo Pest Management Sub - Committee are: a To limit the use of substances that are toxic to nontar eg t organisms in pest control undertaken by the City of Buffalo or by contract or subcontract to the City of Buffalo. b To progressively direct the city and its departments toward dealing with pests by preventive means and by means that are not toxic to nontar eg t organisms. c To aid in bringing the city's pest management practices to such an environmentally benign level that Buffalo will become a role model for its citizens and for other municipalities. 6. Functions and powers. a. To assist in carrying out the above- mentioned objectives, the Buffalo Pest Management Sub - Committee shall prepare and adopt a pest management plan for use by city departments. This plan shall address pest population monitoring and least -toxic pesticide use, and pest control strategies that are not toxic to nontar eg t organisms for use after such date. b. The Buffalo Pest Management Sub - Committee shall review, summarize and respond to the required emergency pesticide waiver reports from boards, commissions, departments, employees, contractors of the city or subcontractors of the city as described under § 18 -58 B9. c. The Buffalo Pest Management Sub - Committee shall also be empowered to engage in, but not be limited to, the following activities: (i) Identify all City of Buffalo programs, departments, individuals, employees, contractors or subcontractors directly or indirectly implementing pest management methods or strategies y obtaining documents, including but not limited to purchasing contracts, invoices, certification applications, material safety data sheets, labels, accident reports, incident reports or records, workers' grievances and inventory storage sheets properly maintained by the city, its programs, departments, employees, contractors or subcontractors and any other documents required to be filed by the federal government, State of New York or City of Buffalo relative to pest management. (ii) With the specific goal of removing, modifying or replacing any city programs or strategies which are not consonant and consistent with the declaration of policy enunciated hereunder, the Pest Management Sub - Committee shall evaluate and monitor all present pest management programs utilized by, contracted for or engaged in by any city department including but not limited to reviewing pesticide application records and requests for pesticide purchases. (iii) Develop procedures and guidelines for decision making consistent with the declaration of policy referred to above. (iv) Develop programs for evaluating and monitoring pest problems in the city_ (v) Develop guidelines for city staff and residents in handling of typical pest problems; these guidelines to be reviewed and updated periodically. (vi) Develop educational materials to increase public awareness and understanding of the availability of safe alternative methods of pest control and of the hazards associated with the use of pesticides that are toxic to nontar eg t organisms. (vii) Offer assistance to citizens with pest or other related problems. (viii) Work with and invite active citizen participation in monitoring pest control programs. (ix) Consult with the various departments of the city which are involved with, contract for or are engaged in pest management programs and methods. (x) Submit recommendations to the Environmental Management Commission,_c_ity departments or the Council, as appropriate. (xi) Develop a mechanism for record keeping and monitoring all pest management programs authorized by the City of Buffalo or authorized by any board, commission, department, employee, contractor or subcontractor of this city. (xii) Develop and maintain an accessible, interactive database for all city departments, employees, etc., relative to integrated pest management that is not toxic to nontarget organisms. (xiii ) Develop, distribute and conduct outreach and educational programs, including but not limited to developing materials such as warning notices, pamphlets, brochures, workshops, speaking engagements and any and all other materials and programs deemed necessary and consistent with the declaration of policy herein. (xiv) Conduct or recommend studies, surveys or inventories as are in accord with the general purposes of this article and to do so with appropriate coordination with existing or prospective work of a similar nature performed by federal, state, county, municipal or private agencies and organizations. (xv)CCooperate with and assist such other governmental or nongovernmental boards or organizations in the preparation of plans or reports and in the review of proposal applications related to nest management as the Mayor Common Council or Comptroller may direct. (xvi) Advertise promote prepare print and distribute information including but not limited to print and electronic media. (xvii) Accept by gift grant bequest or otherwise money or other personal property in the name of the City of Buffalo for use in the furtherance of the provisions of this article. (xviii) Hold hearin gs for a specified purpose in accord with the eg_ neral purposes of this article. (xix) Report findings related to pest management to the Mayor, the Common Council the Comptroller, public and private agencies and organizations and interested citizens. (xx) Act as a resource on matters concerning pest management issues upon the request of any city department. (xxi) Promote the consideration of and compliance with existinglaws, rules and regulations by the responsible departments. (xxii) Suggest where warranted that appropriate governmental entities and/or city departments take legal and /or enforcement action pursuant to their authority. (xxiii) Promote the developmen t of a pesticide poisoning educational center in consultation with hospitals or other organizations. (xxiv) Serve as a resource to facilitate training in integrated pest management. (xxv) Oversee the sunset provisions of 18 -58 B9 of this article. (xvi) Advocate for the hiring of the personnel necessary to effectively cut pesticide use by the city and participate in the oversight of those employees. 7. Procedures for nest management. The Buffalo Pest Management Sub - Committee shall establish a pest management decision making process for use by city departments which includes the following components: a Strategies which emphasize prevention and which are the least disruptive of natural systems shall be selected first. These include such strategies as design and maintenance of buildings, appropriate plants, good soil maintenance practices, etc. b. After monitoring and determining that there is a need for pest management, non - chemical management techniques shall be considered including but not limited to the following methods and techniques: (i) Modification of land and botanical management practices including watering, mulching, fertilizing, waste management, etc. (ii) Modification of pest ecosystems to reduce food and living space. (iii) Use of physical controls such as handweeding, traps and barriers. Div) Use of biological controls. (Given the burgeoning field of biotechnology, the Pest Management Subcommittee shall develop criteria for the use of biological controls consistent with the declaration of policy.) c Use of pesticides that are toxic to nontar eg t organisms should only occur as a last resort, and after their class is sunsetted under this article an exemption per § 18 -58 B9 will be required for their use. d. All treatments should be monitored to evaluate effectiveness. 8. Notice of pesticide use. The Common Council resolves that, in the best interest of public health and courtesy to neighbors, since there are a variety of f ways by which individuals may involuntarily come in contact with pesticides, city residents are encouraged to post notices of intent to spray pesticides on their Property 48 hours in advance. It is recommended that the notices remain hosted for 48 hours after the pesticide application and that warning notices be similar to those in use by the various departments of the city engaged in pest management. 9. Municipal pesticide use; sunset provisions. a. For the purposes of this section, the following definitions shall apply_ ANTIMICROBIAL PESTICIDE -- A pesticide as defined by 7 U.S.C. 135(mm). PEST -- Any insect, rodent, fungus, weed or any other form of terrestrial or aquatic or animal life or virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other living animals) which the Commissioner of the New York State Department of Environmental Conservation declares to be a pest. PESTICIDE -- Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest; and any substance or mixture of substances intended for use as a plant regulator, defoliator or desiccant. It shall include all pesticide products registered as such by the United States Environmental Protection Agency and the New York State Department of Environmental Conservation and all products for which experimental use permits and provisional registrations have been granted by the United States Environmental Protection Agency and the New York State Department of Environmental Conservation. b. Effective September 1, 1999, no City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city shall apply on City of Buffalo property any pesticide classified as Toxicity Category I by the United States Environmental Protection Agency or any pesticide classified as a known, likely or probable human carcinogen by the United States Environmental Protection Agency, except as provided for in Subsection e of this section. c. Effective September 1, 2000, no City of Buffalo board, commission, department, employee, contractor of t he city or subcontractor of the city shall hall apply on City of Buffalo property pesticide classified as Toxicity Category II by the United States Environmental Protection Agency, any pesticide classified as a possible human carcinogen by the United States Environmental Protection Agency or any pesticide classified as restricted use by the United States Environmental Protection Agency or the New York State Department of Environmental Conservation, except as provided in Subsection e of this section. d. Effective September 1, 2001, no City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city shall apply any pesticide on City of Buffalo property, except as provided in Subsection e of this section. e. Notwithstanding any other provisions, this section shall not apply to the following_ (i) Pesticides otherwise lawfully used for the purpose of maintaining a safe drinking water suppl Twat drinking water treatment plants, wastewater treatment plants, reservoirs and related collection, distribution and treatment facilities. (ii) Antimicrobial pesticides. (iii) Pesticides in contained baits for the purposes of rodent or insect control. (iv) Pesticides classified by the United States Environmental Protection Agency as exempt materials under 40 CFR 152.25. (v) Boric acid when used according to its label. (vi) Pesticides prescribed by a licensed veterinarian for the control of parasites of wild, domestic or exotic animals. f Should a Ci+3, of Buffalo board congnission department employee contractor of the city or subcontractor of the city determine that an emergency warrants the use of pesticide that would otherwise not be allowed under this section it may apply for a single -use waiver from the Commissioner of the department responsible for the property in question If the waiver is granted, the Commissioner shall file a notice of such waiver with the Common Council. (i) The Commissioner shall determine if such a waiver is warranted based on the following criteria: (a) The pest situation poses an immediate threat to human health or to valuable public resources; and (b) Viable alternatives consistent with this section do not exist. (Such a determination should be made in consultation with a locally recognized expert in integrated pest management whose credentials are deemed satisfactory by the Pest Management Sub - Committee or qualified city Personnel.) (ii) As a condition of approval the Commissioner shall require a commitment from the City of Buffalo board commission department employee contractor of the city or subcontractor of the city which made the qpplication for waiver that the underlying causes of the pest outbreak will be addressed in order to prevent future outbreaks. (iii) When a pesticide prohibited by this section is used under the authority of a waiver obtained from the Commissioner, the entity engaged in emergency esp ticide application is required to post the following information at the site of application to inform city employees and the public: (a) The date of posting. (b) The address date approximate time pest to be controlled method of application and specific sites to be treated. (c) Any trade names of the pesticide. (d) The acute and chronic toxicity of the pesticide duration of toxicity and appropriate warnings. (e) The name and telephone number of the person responsible for the application. (fl The phone number of the poison control center. (g) The name of the city epartment responsible for the pest management procedures. (4) As a condition of approval the Commissioner shall require a commitment from the City of Buffalo board commission department employee contractor of the city or subcontractor of the city which made the application for waiver to file a report with the Common Council and the Pest Management Sub - Committee detailing the reasons the waiver was needed the details of when and how the application was made and the steps to be taken to address the underlying cause of the pest problem. This report must be filed with the City Clerk within 30 days of the pesticide use. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this law shall be controlling. Section 3. This local law shall take effect immediately upon its passage. APPROVED AS TO FORM Corporation Counsel Note: Matter underlined is new, Matter in brackets is to be deleted. TAwp60 \msword \pjs \LL 1- boards- commissions -pest R,EFERRED TO THE COMMITTEE ON I TI P ��31r�.���a�>ut7�a,� rv►h��•� Cvmmsti�u�� t V) L C T h\ r� N A GL ---,A tS i t By: Mr. Franczyk, Re: Ordinance Amendment Chapter 6, Boards, Committees, Agencies, and Commissions The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 6 of the Code of the City of Buffalo be amended to read as follows: ARTICLE VII, [Buffalo Pest Management Board] § 6 -39.[ Declaration of policy. A. The Common Council of the City of Buffalo finds and declares that the environmentally sound management of plant and animal species within the city is an integral part of preserving human health and maintaining a vibrant and healthy ecosystem in the city. B. The Common Council also finds and declares that the potential hazards involved in the use of pest control methods must be given the highest scrutiny in light of the need to preserve the fragile ecosystem of this city. Indeed, in order to so protect the heritage of our future generations, it is the declared policy of this city to phase out the use of pesticides that are toxic to nontarget organisms by the City of Buffalo, to employ pest control strategies which are the least hazardous to human health and the environment, to adopt pest management programs and strategies which place first priority on the prevention of pest problems and to use pesticides that are toxic to nontarget organisms only in emergencies as defined in § 6-47. IF. C. Towards this end, wise planning and control of activities which influence the ecological balance of the natural resources and environment of this city and the natural and functional beauty of its surroundings require broad -based participation and cooperation of government entities, public and private organizations and the people of the City of Buffalo. D. It is, therefore, in the best interest of the city that a Pest Management Board be created with the responsibility of developing pest management policies for the city. These policies shall include decisionmaking processes that will incorporate preventative pest management planning for all City of Buffalo projects involving plantings, building and remodeling designs, maintenance programs, etc. In furtherance thereof, when pest management treatment programs are undertaken, they must be: (1) Least disruptive or nondisruptive of natural controls. (2) Least disruptive or nondisruptive to human health. (3) Nontoxic to nontarget organisms. (4) Least damaging or not damaging to the environment. (5) Most likely to produce a permanent reduction in the environment's ability to support the pest infestation.] § 6 -40. [Establishment. There is hereby established a Pest Management Board to be known as the "Buffalo Pest Management Board. "] § 6 -41. [Membership. A. The Board shall consist of nine members. Two members shall be appointed by the Mayor, one by the Environmental Management Commission and six by the Council. The terms of the members shall be for two years, except those of the members first appointed. Of those, five shall be appointed for terms of two years, and one of the Mayor's and three of the Common Council's appointees shall be appointed for terms of one year. All members shall serve without compensation. A vacancy during the term of any member shall be filled in the manner that the original appointment was made for the duration of the expired term. B. The Board will establish and consult with, as the Board deems necessary, a subcommittee of city department personnel involved in pest management activities.] § 6 -42. [Qualifications. The members of the Board shall have a demonstrated commitment to the preservation and enhancement of environmental quality and to public service.] § 6 -43. [Meetings. The Board shall: A. Hold at least nine meetings each year, all of which shall be open to the public. B. Adopt rules and procedures for its meetings, including specific provisions for public participation during Board meetings and on major policy decisions. C. Keep accurate records of its meetings and activities. D. File an annual report with the Mayor, Common Council and Comptroller on or before the 31 st day of March of each year.] § 6 -44. [Objectives of the Board. The objectives of the Buffalo Pest Management Board are: A. To limit the use of substances that are toxic to nontarget organisms in pest control undertaken by the City of Buffalo or by contract or subcontract to the City of Buffalo. B. To progressively direct the city and its departments toward dealing with pests by preventive means and by means that are not toxic to nontarget organisms. C. To aid in bringing the city's pest management practices to such an environmentally benign level that Buffalo will become a role model for its citizens and for other municipalities.] § 6 -45. [Functions and powers. A. To assist in carrying out the above - mentioned objectives, the Buffalo Pest Management Board shall prepare and adopt, on or before September 1, 1999, a pest management plan for use by city departments. This plan shall address pest population monitoring and least -toxic pesticide use prior to September 1, 2001, and pest control strategies that are not toxic to nontarget organisms for use after such date. B. The Buffalo Pest Management Board shall review, summarize and respond to the required emergency pesticide waiver reports from boards, commissions, departments, employees, contractors of the city or subcontractors of the city as described under § 6- 47.1 F. C. The Buffalo Pest Management Board shall also be empowered to engage in, but not be limited to, the following activities: (1) Identify all City of Buffalo programs, departments, individuals, employees, contractors or subcontractors directly or indirectly implementing pest management methods or strategies by obtaining documents, including but not limited to purchasing contracts, invoices, certification applications, material safety data sheets, labels, accident reports, incident reports or records, workers' grievances and inventory storage sheets properly maintained by the city, its programs, departments, employees, contractors or subcontractors and any other documents required to be filed by the federal government, State of New York or City of Buffalo relative to pest management. (2) With the specific goal of removing, modifying or replacing any city programs or strategies which are not consonant and consistent with the declaration of policy enunciated hereunder, the Board shall evaluate and monitor all present pest management programs utilized by, contracted for or engaged in by any city department, including but not limited to reviewing pesticide application records and requests for pesticide purchases. (3) Develop procedures and guidelines for decisionmaking consistent with the declaration of policy referred to above. (4) Develop programs for evaluating and monitoring pest problems in the city. (5) Develop guidelines for city staff and residents in handling of typical pest problems; these guidelines to be reviewed and updated periodically. (6) Develop educational materials to increase public awareness and understanding of the availability of safe alternative methods of pest control and of the hazards associated with the use of pesticides that are toxic to nontarget organisms. (7) Offer assistance to citizens with pest or other related problems. (8) Work with and invite active citizen participation in monitoring pest control programs. (9) Consult with the various departments of the city which are involved with, contract for or are engaged in pest management programs and methods. (10) Submit recommendations to the Environmental Management Commission, city departments or the Council, as appropriate. (11) Develop a mechanism for record keeping and monitoring all pest management programs authorized by the City of Buffalo or authorized by any board, commission, department, employee, contractor or subcontractor of this city. (12) Develop and maintain an accessible, interactive database for all city departments, employees, etc., relative to integrated pest management that is not toxic to nontarget organisms. (13) Develop, distribute and conduct outreach and educational programs, including but not limited to developing materials such as warning notices, pamphlets, brochures, workshops, speaking engagements and any and all other materials and programs deemed necessary and consistent with the declaration of policy herein. (14) Conduct or recommend studies, surveys or inventories as are in accord with the general purposes of this article and to do so with appropriate coordination with existing or prospective work of a similar nature performed by federal, state, county, municipal or private agencies and organizations. (15) Cooperate with and assist such other governmental or nongovernmental boards or organizations in the preparation of plans or reports and in the review of proposal applications related to pest management as the Mayor, Common Council or Comptroller may direct. (16) Advertise, promote, prepare, print and distribute information, including but not limited to print and electronic media. (17) Accept, by gift, grant, bequest or otherwise, money or other personal property in the name of the City of Buffalo for use in the furtherance of the provisions of this article. (18) Hold hearings for a specified purpose in accord with the general purposes of this article. (19) Report findings related to pest management to the Mayor, the Common Council, the Comptroller, public and private agencies and organizations and interested citizens. (20) Act as a resource on matters concerning pest management issues upon the request of any city department. (21) Promote the consideration of and compliance with existing laws, rules and regulations by the responsible departments. (22) Suggest, where warranted, that appropriate governmental entities and /or city departments take legal and/or enforcement action pursuant to their authority. (23) Promote the development of a pesticide poisoning educational center in consultation with hospitals or other organizations. (24) Serve as a resource to facilitate training in integrated pest management. (25) Oversee the sunset provisions of § 6 -47.1 of this article. (26) Advocate for the hiring of the personnel necessary to effectively cut pesticide use by the city and participate in the oversight of those employees.] § 6 -46. [Procedures for pest management. The Buffalo Pest Management Board shall establish a pest management decisionmaking process for use by city departments which includes the following components: A. Strategies which emphasize prevention and which are the least disruptive of natural systems shall be selected first. These include such strategies as design and maintenance of buildings, appropriate plants, good soil maintenance practices, etc. B. After monitoring and determining that there is a need for pest management, nonchemical management techniques shall be considered, including but not limited to the following methods and techniques: (1) Modification of land and botanical management practices, including watering, mulching, fertilizing, waste management, etc. (2) Modification of pest ecosystems to reduce food and living space. (3) Use of physical controls such as handweeding, traps and barriers. (4) Use of biological controls. (Given the burgeoning field of biotechnology, the Board shall develop criteria for the use of biological controls consistent with the declaration of policy.) C. Use of pesticides that are toxic to nontarget organisms should only occur as a last resort, and after their class is sunsetted under this article, an exemption per § 6 -47.1 will be required for their use. D. All treatments should be monitored to evaluate effectiveness.] § 6 -47. [Notice of pesticide use. The Common Council resolves that, in the best interest of public health and courtesy to neighbors, since there are a variety of ways by which individuals may involuntarily come in contact with pesticides, city residents are encouraged to post notices of intent to spray pesticides on their property 48 hours in advance. It is recommended that the notices remain posted for 48 hours after the pesticide application and that warning notices be similar to those in use by the various departments of the city engaged in pest management. § 6 -47.1. Municipal pesticide use; sunset provisions. A. For the purposes of this section, the following definitions shall apply: ANTIMICROBIAL PESTICIDE -- A pesticide as defined by 7 U.S.C. 136(mm). PEST -- Any insect, rodent, fungus, weed or any other form of terrestrial or aquatic or animal life or virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other living animals) which the Commissioner of the New York State Department of Environmental Conservation declares to be a pest. PESTICIDE -- Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest; and any substance or mixture of substances intended for use as a plant regulator, defoliator or desiccant. It shall include all pesticide products registered as such by the United States Environmental Protection Agency and the New York State Department of Environmental Conservation and all products for which experimental use permits and provisional registrations have been granted by the United States Environmental Protection Agency and the New York State Department of Environmental Conservation. 4 B. Effective September 1, 1999, no City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city shall apply on City of Buffalo property any pesticide classified as Toxicity Category I by the United States Environmental Protection Agency or any pesticide classified as a known, likely or probable human carcinogen by the United States Environmental Protection Agency, except as provided for in Subsection E of this section. C. Effective September 1, 2000, no City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city shall apply on City of Buffalo property any pesticide classified as Toxicity Category II by the United States Environmental Protection Agency, any pesticide classified as a possible human carcinogen by the United States Environmental Protection Agency or any pesticide classified as restricted use by the United States Environmental Protection Agency or the New York State Department of Environmental Conservation, except as provided in Subsection E of this section. D. Effective September 1, 2001, no City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city shall apply any pesticide on City of Buffalo property, except as provided in Subsection E of this section. E. Notwithstanding any other provisions, this section shall not apply to the following: (1) Pesticides otherwise lawfully used for the purpose of maintaining a safe drinking water supply at drinking water treatment plants, wastewater treatment plants, reservoirs and related collection, distribution and treatment facilities. (2) Antimicrobial pesticides. (3) Pesticides in contained baits for the purposes of rodent or insect control. (4) Pesticides classified by the United States Environmental Protection Agency as exempt materials under 40 CFR 152.25. (5) Boric acid when used according to its label. (6) Pesticides prescribed by a licensed veterinarian for the control of parasites of wild, domestic or exotic animals. F. Should a City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city determine that an emergency warrants the use of pesticide that would otherwise not be allowed under this section, it may apply for a single -use waiver from the Commissioner of the department responsible for the property in question. If the waiver is granted, the Commissioner shall file a notice of such waiver with the Common Council. (1) The Commissioner shall determine if such a waiver is warranted based on the following criteria: (a) The pest situation poses an immediate threat to human health or to valuable public resources; and (b) Viable alternatives consistent with this section do not exist. (Such a determination should be made in consultation with a locally recognized expert in integrated pest management whose credentials are deemed satisfactory by the Board or qualified city personnel.) (2) As a condition of approval, the Commissioner shall require a commitment from the City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city which made the application for waiver that the underlying causes of the pest outbreak will be addressed in order to prevent future outbreaks. (3) When a pesticide prohibited by this section is used under the authority of a waiver obtained from the Commissioner, the entity engaged in emergency pesticide application is required to post the following information at the site of application to inform city employees and the public: 5 (a) The date of posting. (b) The address, date, approximate time, pest to be controlled, method of application and specific sites to be treated. (c) Any trade names of the pesticide. (d) The acute and chronic toxicity of the pesticide, duration of toxicity and appropriate warnings. (e) The name and telephone number of the person responsible for the application. (f) The phone number of the poison control center. (g) The name of the city department responsible for the pest management procedures. (4) As a condition of approval the Commissioner shall require a commitment from the City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city which made the application for waiver to file a report with the Common Council and the Pest Management Board detailing the reasons the waiver was needed, the details of when and how the application was made and the steps to be taken to address the underlying cause of the pest problem. This report must be filed with the City Clerk within 30 days of the pesticide use.] APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. AAL:PJS: T: \wp60Nmsword \pjs \ord- amend -ch6- pest.doc COMMITTEE RIVERRSD TO THE ON LEGISLATION, 60AIL0 6 � v Resolution By: Mr. Franczyk, Ms. Russell, Mr. Bonifacio Re: Council Staff Mission Statement Whereas: The Common Council central staff under the leadership of Paul Wolf, Esq. Chief of Staff has developed a Mission Statement to guide the direction of the staff office; and Whereas: The Mission Statement which was developed with the input of Council staffers and Councilmembers is as follows: Council Staff Mission Statement "A Laboratory For New Ideas " Our mission is to: • Assist Councilmembers with policy decisions affecting the City of Buffalo. • Initiate innovation in City government. We thrive on the power of ideas and having our office serve as a laboratory for new ideas. • Serve as problem solving liaisons while working with Councilmembers as catalysts for change. • Assist Councilmembers with being effective and accountable to their constituents as they strive to improve the quality of life within the City of Buffalo. Now Therefore Be It Resolved That the Buffalo Common Council supports this Mission Statement and looks forward to working with the Council staff office to improve the quality of life within the City of Buffalo through new and innovative ideas J David A. Franczyk i Bonnie E. Russell Dominic J. o ifacio J E J:�)B RESOLUTION Sponsor: Mr. Golombek , W`� � 3 RE: Support For A Downtown Public Market Whereas: Public markets are making a comeback as economic development projects and as a social gathering place that build community; and Whereas: Spending millions of tax dollars to entice a Big -box mega businesses such as Bass Pro is not the way to build an authentic, interesting an exciting downtown; and Whereas: A public market is uniquely situated to fill the role of a lively destination gathering place and small business incubator; and Whereas: Support for a downtown public market is in no way intended to slight the great historic Broadway Market currently in operation on Buffalo's East side; and Whereas: A downtown market at this point is envisioned as a weekend seasonal outdoor market, where vendors could sell antiques, jewelry, crafts, and ethnic foods, that would provide an additional opportunity for Broadway Market vendors to sell their goods; and Whereas: One possible location for a downtown market is the vacant DL &W building owned by the Niagara Frontier Transportation Authority (NFTA); and Whereas: The DL &W building is a magnificent location, in that an outdoor market could be located on the upper deck of the building with scenic views of the Buffalo River and downtown Buffalo. The building is adjacent to the upcoming Cobblestone District, the HSBC Arena, convenient to public transportation and has nearby parking available; and Whereas: The idea of a downtown public market is being led by Newell Nussbaumer of Buffalo Rising and has obtained the support of many individuals including Assemblymember Sam Hoyt; and Whereas: Directing some of the public funds available for the Bass Pro project and /or the New York Power Authority Settlement toward the creation of a unique downtown public market makes more sense then spending millions on a mega -box store on our historic waterfront; and Whereas: People crave unique authentic experiences where they can enjoy scenic surroundings, interesting diverse people and attractions. A public market provides a real experience that a mega -box store simply cannot. Now Therefore Be It Resolved That the Buffalo Common Council hereby joins Assemblymember Sam Hoyt in supporting a seasonal outdoor public market in downtown Buffalo as a way of creating a unique community destination point. ADOPTED I S r f' �k o') 12 , : � ; - REFERRED TO THE (3 COMMUNITY DEVELOPMENT. Be It Further Resolved That a copy of this resolution be forwarded to the NFTA, the Erie Canal Harbor Development Corporation, the Empire State Development Corporation, Mayor Byron Brown, Commissioner Richard Tobe, State Senator Antoine Thompson, and Assemblymember Sam Hoyt. Be It Finally Resolved That this item is referred to an appropriate Committee of the Council for further discussions to move this project forward. J eph Golombek Jr. i RESOLUTION Co- Sponsored By: Mr. Kearns, Mr. Fontana, Mr. Lo Curto RE: Requesting That the State of New York Grant a Waiver to All Applicants for the Buffalo Police Exam Who Would Have Been Less Than Thirty -Five (35) Years of Age on the Date for which the Exam was Originally Scheduled, but due to the Exam's postponement, will now have reached Thirty -Five (35) years of age when the exam is held. Whereas: The Buffalo Police Exam is offered infrequently and it has been more than six (6) years since this Exam was last offered; and Whereas: Eligibility requirements for the Buffalo Police Exam stipulate that all applicants must be younger than thirty -five (35) years of age on the date that they take the Exam; and Whereas: The Buffalo Police Exam was originally scheduled to be held on January 13 2007 but was cancelled less than one week before that date and rescheduled for April 7 2007; and Whereas: A number of applicants were less than thirty -five (35) years old on January 13 2007, but, as a result of the exam being postponed until April 7 2007, will now be thirty -five (35) years old when the exam is offered; and Whereas: The postponement of this exam occurred through no fault of these applicants and there is no reason to believe that as a result of their being thirty -five (35) years and three (3) months of age on April 71n 2007 that their ability to perform the duties required of a Buffalo Police Officer will be negatively affected by this slight age difference; and Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo declares its support for a waiver of the thirty -five (35) year old age limit for those who will be thirty -five (3 5) years of age when the Buffalo Police Exam is held on April 7 2007, but applied prior to the original January 4 th deadline and would have been under age thirty -five (35) years old on January 13 2007, the date for which the exam was originally scheduled; and Now, Be It Further Resolved That: The Common Council of the City of Buffalo directs the Department of Human Resources of the City of Buffalo to petition the State of New York for a waiver of the thirty -five (35) year old age limit for those who will be thirty -five (35) years of age when the Buffalo Police Exam is held on April 7 2007, but applied prior to the original January 4 th deadline and would have been under age thirty -five (35) years old on January 13' , 2007, the date for which the exam was originally scheduled. MICHAEL P. K ' RNS RICHARD A. ONTANA MICHA J. LO CURIO Resolution By: Ms. Russell Re: Accepting Late Tax Payments Whereas: Taxpayers who send in payments late containing the full amount of their tax bill have their payments rejected by the City as the payment does not contain late fees and interest charges; Whereas: In the 2003 -2004 fiscal year there were 3,687 payments returned to taxpayers due to the payment being over or under the amount owing, in 2004 -2005 there were 3,814 payments returned; and Whereas: The City Charter authorizes the payment of taxes in two installments, and the City is not authorized per the Charter to accept less than the full amount due and owing; and Whereas: Individuals who pay late should always be subject to interest and penalties, however the City should be in the position of accepting and processing payments if the billed amount is being paid, even though a payment does not include penalties and interest charges; and Whereas: An exception may have to be made for properties that are in the process of being foreclosed by the City, as at some point the City may not legally be able to accept payments for less than the full amount including interest and penalties, if foreclosure is being pursued; and Now Therefore Be It Resolved That the Common Council supports amending the City Charter to provide the City the ability to accept late tax payments that contain that correct billed amount even though the payment does not contain penalties and interest fees, with appropriate exception made for the City's foreclosure process. Be It Further Resolved That this item is referred to the Corporation Counsel and the Commissioner of Assessment and Taxation for comment as to the feasibility of amending the City Charter as requested. J5%lr fl/A Be It Finally Resolved That this item is referred to an appropriate Committee of the Council for further discussion and consideration of the anticipated responses from the Corporation Counsel and the Commissioner of Assessment and Taxation. t Bonnie E. Russell REFERRED TO THE COMMITTEE C' --Ilse 51 No. "J \- 1 'C' By Mr T Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for r -0, By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for By Councilmember In Memoriam for By Councilmember ADOPTED (9itu of Tsuffato (90mutatt Qlauttrit RESOLUTION By: Mr. Kearns RE: Recognizing the Contributi P. Kearns, South D id raised in South Buffalo and �s:a -hf -1a Margaret, and is happily resident of the City of f y ttf $i� to for the last City Ha1 end 4ririg 0 Executive leadership z fiends; and provided by is earned the Her many ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev Committee on Legislation Special Committees Tuesday, Feb. 13, 2007 at 9:45 o'clock A.M. Tuesday, Feb. 13, 2007 at 10:00 o'clock A.M. Tuesday, Feb. 13, 2007 at 1:00 o'clock P.M. Tuesday, Feb. 13, 2007 at 2:00 o'clock P.M. Special Leg. Comm. Mtg. Wednesday, Feb. 7, 2007 at 2:00 o'clock P.M. in Room 1417 City Hall on the Police Dept's new Mobile Response Unit. (Public Disclaimer All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings sett whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only notification of what we are made aware. 53 No. Adjournment On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned + at GERALD CHWALINSKI CITY CLERK