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1 CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, December 23, 2008 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell & Smith - 9 Absent - None On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on December 9, 2008 were approved. DAVIS FONTANA FRANCZYK GOLOMBEK. KEARNS LOCURTO RI V ERA RUSSELL SMITH [-------- - - - - -] [ MAJ - 5 ] [2/3 - G] [3/4- 7] �AYE�N� Dee 23, 2008 Dee 23, 2008 FROM THE MAYOR Dee 23, 2008 r} J] `1"0: '1111_' C:`O'I'vION COIJ.N t'Ii;, DATL: 1Xce.mber 15, 2008 FRO:14: TIII -, EXECU 'I'1VI DFPARTJA/1l - L� , ,``I' SUBJECT: 2009 Capital Budget Veto Nlessage I have reviewed the Common Council's action on the 2009 Capital Budget and hereby sustain and approve seven of the Common Council's additions while objecting to the remaining five additions as outlined below. In accordance with §20 -26 of the City Charter, I hereby veto and object to the following Common Council additions to nay 2009 recommended Capital Budget as I believe that these additions were irresponsible especially given the uncertain economic times at the National, State, and Local levels. I believe that certain of these additions constitute inappropriate pork barrel spending: OBJECTIONS PURSUANT TO W -26 OF THE CITY C_ HA R`I'R Delaware Districtwide Infrastructure Repair /Replacement ($743,150); ® Fillmore Districtwide Infrastructure Repair /Replacerrrent ($743,150); Lovejoy Districtwide Infrastructure Repair /Replacement ($743,150); * Niagara Districtwide Infrastructure Repair /Replacement- Richmond Avenue - Lighting ($150,000) * South Districtwide Infrastructure Repair / Replace-ment ($593,150). However I have sustained the following Common Council additions: SUSTAINED COMMON COUNCIL ADDITIONS South Districtwide Infira.strrrcture Repair /Replacement of Cazenovia Casino ($150,000); ® Franklin- Linwood -North Pearl Street Inf rastructure Repair /Replacement ($321,680). Masten Distrietwide Infrastructure Repair /Replacement ($593,150); • Niagara Districtwide Infrastructure Repair /Repla .cement ($593,150); ® Ellicott Districtwide Infrastructure. Repair /Replacement ($743,150); ® North Districtwide Infrastructure Repair /Replacement ($743,150); a University Districtwide Infrastructure Repair /Replacement ($743,150); I must first note my strong objection to the Common Council's decis to cut 32% from my recommended capital budget, which was fully consistent with the Citizens Planning Council's recommendations. Although. I do not have the authority to veto Common Council deletions, I am compelled to state my objections to these irresponsible actions. In cutting $5,638,354 in Citywide Infrastructure funding (including $1,070,0.00 in strategic planning funding), the Common Council has greatly jeopardized the City's ability to address significant intrastructure emergencies and has reduced the Department of Public Works' flexibility to manage the City of Buffalo's infrastructure needs in a comprehensive and strategic manner. I '.f In addition, 1 was 1-Urthei- di .appointed in the conarnou Council's decision to delete $36j,000 ��r-n arl ed f:ar the police acid lire radio system. I do not support Such a en't to a necessary l:n blio safety project. As you 1 <now, both the Polic, and Fiiv Commissioners cornmunicated the necessity of this funding in wriring. I also disagree v ith t e rle Cornn1 C-oirncil's assertion that this project may be funded out of the City's efficiency grant allocations in that the YS Division of the Budget imposed a $5 million annual spending ceiling with this sum already allocated and c onsequently unavailable. This year's grants were approved by the Buffalo Fiscal Stability Authority on August 20, 2.008 and are in the implementation phase; therefore this is not a legitimate source of money. A $3.3 million capital outlay fund was also indicated as a potential funding source- - -this does not exist in the budget. Therefore there was no reasonable basis for these deletions. I also must state nay objection to the Common Council's $321,680 cut in funding for improvements to City Hall. City Fall is not only a place of business but is also listed on the National Register of Historic Places. My administration has made it a priority to improve the duality of the conditions both externally and internally in City hall, and the Common Council's action to delete funding has compromised this endeavor. It must also be noted that I have sustained the Common Council's $150,000 addition to the Carenovia Casino and the $321,680 addition for the Franklin- Linwo od -North Pearl Street replacement project as I agree these are important. Also, although I have objected to the additional $150,000 for the Richmond Avenue lighting project, I agree that this is also an important project but believe that it would be most appropriately funded out of the $593,150 added for Niagara Districtwide: lrifitastructure replacement and my administration will aggressively pursue the implementation of this project. For the foregoing reasons I hereb veto ar object to the five Common Council additions as specified in this communication, and return the 2009 Capital Budget to the City Clerk ill accordance with Article 20 of the City Charter. DEPARTME,N"T' HEAD NAME: Byron W. Brown TITLE: Mayor e S ; OF DITARTMI N1' HEAD: LAID ON THE TABLE 1 City Clerk's Department BUFFALO December 15, 2005 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 3 PASSED December 15, 2008 Capital Budget Amendments Gerald A Chwalinski City Clerk r n V em l. 100 CAPITAL BUDGET AMENDMENTS 2009 Mayor's Recommended Capital Budget 2009 Capital Improvement Budget Mayor's Recommended Budget Common Council Deletions Adjusted Budget after Common Council Deletions and Prior to Additions Common Council Additions Common Council Approved Budget Project Buffalo Public Schools bps09001 Reconstruction of Various Schools $2,000,000 $2,000,000 $2,000,000 bps09002 Chimney Reconstruction 1,500,000 1,500,000 1,500,000 bps09003 Lail Tank Improvements 820,000 820,000 820,0000 bps09004 Mechanical /Electrical Reconstruction Various Schools 780,000 780,000 780,000 TOTAL - BUFFALO PUBLIC SCHOOLS $5,100,000 $0 $5,100,000 $0 $5,100,000 COMPTROLLERS CAP - BUFFALO PUBLIC SCHOOLI $5,100,000 $5,100,000 $5,100,000 City of Buffalo Buffalo $ Erie County Historical Society 2009 Mayor's Recommended Capital Budget 2009 Capital Improvement Budget Mayor's Recommended Budget Common Council Deletions Adjusted Budget after Common Council Uelettons and Prior to Additions Common Council Additions Common Council Approved Budget Project Niagara Districtwide Infrastructure Repair /Replacement - Richmond Avenue - LI htin 0 150,000 150,000 North Districtwide Infrastructure Repair /Replacement 0 624,262 624,262 South Districtwide Infrastructure Repair /Replacement 0 624,262 624,262 University DistrieWde Infrastructure RepairlReplacement 0 624,262 824,262 OSP Citywide Infrastructure Repair /Replacement 0 1,070,000 1,070,000 ENGR07002 Niagara St. Gateway Project 110,265 110,265 110,265 ENGRO7007 Fargo Ave.lDYouville College Streetscape 97,636 97,636 97,636 ENGRO7012 Emergency Bridge Repairs 63500 0 535 000 635 ENGROB002 Humboldt Parkway Streetscape 602,500 802,500 802,500 ENGRD9001 South Park Ave Resurfacing and Streetscape Improvements 124,227 124,227 124,227 "GR00002 Fillmore Ave Resurfacing and Streetscape Improvements 85,.BA0 85,600 .85,600 ENGROD003 Seneca Street Streetscape Improvements 500,000 500,000 500,000 EDPI Dept INSP606 1 t]E OF BUILDINGSISTRUCTURES 2,351,179 2,351,179 2,351,179 DPW - Prdrks DCCM091 to City Wide - Reconstruction of Olmsted /City Parks System Martin Luther King Jr. Park Wading Pool 2,033,0110 2,033,000 2,033,000 Lasalle Park/Dog Park 26,750 26,750 - 20, 750 Lasalle Park Shelter House 32 100 32,100 32 Lasalle Park Centennial Pool /Splash Pad Riverside Park Lighting and Field Improvements Shoshone Park Field and Pool Improvements 53,500 53,500 26,750 53,500 53,500 26 750 53,500 53,500 26,750 Johnny B. Wile Sports Complex Roof & Structural Repairs 53,500 53,500 53,500 City.-wide Parks - Emer ency Repairs $09,092 509,092 509,092 PRKS06002 Citywide Parks Improvements DPW - Streets STRT08002 Streets Vehicles TOTAL - CITY OF 13UFFALO COM1PTROLLEITS CAP - CITY OF SUFFALq 500,000 $21,500,000 $21,500,ODDI 46,538,354 500,000 $14,961,646 $21 $6,588,354 500,000 $21,500,000 $21,500,000 i 2 or 2 12M512008) 2009 Mayor's Recommended Capital Budget 2009 Mayor's Recommended Capital Budget 3 of 3. 121I5170081 2009 Mayor's Recommended Capital Budget ,f h `AYE* NO * DAVIS * * * FONTANA FRANCZYK GOLOMHEK KEARNS SMITH [-------- - - - - -] [MAJ- 51 U [ 2/3 - 61 [3/4 -7] 1 �_3 City Clerk's Department BUFFALO December 15, 2008 NON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 4 PASSED December 15, 2008 Capital Budget As Amended Gerald A Chwalinski City Clerk NO CAPITAL BUDGET AS AMENDED 2009 Mayor's Recommended Capita) Budget y td 1 of 2 121151200B] Adjusted Budget after Common Council Deletions i Mayors Recommended Common Council and Prior to Common Common Council i 2009 Capital Improvement Budget Budget Deletions � Additions Council Additions Approved Project Buffalo Public Schools bps09001 Reconstruction of Various Schools $2,000,000 $2,000,000 $2,000,000 bps09002 Chimney Reconstruction 1,500,000 1,500,000 1,500,000 bps09003 Oil Tank Improvements 820,000 820,000 820,000 bps09004 Mechanical /Electrical Reconstruction Various Schools 780,000 780,000 780,000 TOTAL - BUFFALO PUBLIC SCHOOLS $5,100,OQ0 $0 $5,100,000 $0 $5,100,000 COMPTROLLERS CAP - BUFFALO PUBLIC SCHOOLS $5,100,000 $5,100,000 $5,100,000 City of Buffalo. Buffalo & Erie County Historical Society BEHS07002 Upgrade Electrical Systems $642,000 $642,000 $642,000 Fire Dept BFD07001 Purchase Fire Apparatus 1,952,155 1,952,155 1,962,155 DPW - Buildings Division Bld908001 Condition Assessment of City Buildings 535,000 L (535,000) Q 0 BIdg08004 Marcy Casino Reconstruction 202,000 202,000 202,000 BIdg08005 Autumnwood Senior Center Reconstruction 107,000 107,000 107,000 Bfdg08007 District Heat Distribution System Replacement 214,000 214,000 214,000 Bldg City Hall 463,667 - 321,680) 141,987 141,987 Bld909002 Critical InfrastructurelKey Resource Protection per the 321,000 329,000 321,000 Buffalo UASI NIPP - Homeland Securit BId909006 (Community Centers) 214,000 214,000 Genesee - Moselle Clinic Repairs and Improvements 214,000 Broadway Market Broadway General improvements 107,000 107,00Q 107,000 Northwest Buffalo Window Replacement 42,800 42,800 42,800 Ed ward Saunders Roof Repair 26,750 2fi;750 26,750 Lafayette Ice Rink Improvements 168,000 168,000 168,000 City -wide Community Centers - Emergent Repairs 163,177 163;177 163,177 Bldg09007 City. Service Buildings 214,000 214,000 214,000 Police Dept BPDO8001 Delaware Park Backup 911 Center Renovations BPDO9001 Police and Fire Radio System 2,140,000 365,000 1,775,000 1,775,000 Common Council DCCM0 906North District - Reconstruction of Middlesex Avenue 2301496 230 496 230 496 DCCM0918 University District - Renovation of Roosevelt Park 224,000 224,000 224,000 Shelter House DPW - Engineering Division ENGRO)6001 Citywide Infrastructure Repair/Replacement 5,638,354 5,638,354) 0 0 Delaware Districtwide Infrastructure RepairlReplacement 0 743,150 743,150 Ellicott Dis0rictwide Infrastructure Repair /Replacement . 0 743,154 743,150 Fillmore Districtwide infrastructure Repair/Replacement 0 743,150 743,150 Lovejoy Districtwide Infrastructure RepairlReplacement oi 743,150 743,150 Masten Districtwide Infrastructure Repair/Replacement 0 593,150 593,150 Niagara l]istrictvride Infrastructure RepairlReplacement 0 593,150 583,150 y td 1 of 2 121151200B] 2009 Mayor's Recommended Cep €tai Budget �F> { { {I :2009 Capital Improvement Budget Mayor's Recommended Budget Common Council Deletions Adjusted Budget after Common Council deletions and Prior to Additions Common Council Additions Common Council Approved Budget I Project Niagara Districtwide Infrastructure RepairlReplacement - Richmond Avenue - Lig 0 150,000 150,000 North Districtwide Infrastructure Repair /Replacement 0 743,150 743,150 South Districtwide Infrastructure Repair /Replacement 0 593,150 593,150 South Districtwide Infrastructure Repair/ Renovation of Caxenovia Casino 0 150,000 150,000 University Districtwide Infrastructure Repair /Replacement 0 743,150 743,150 Franklin - Linwood - North Pearl St Infrastructure Repair 1 Replacement 0 321,680 321,680 ENGR07002 Niagara St. Gateway Project 110,265 110,265 110,265 ENGR07007 Fargo Ave. /DYouville College Streetscape 97,638 97,638 97,638 ENGR07012 Emergency Bridge Repairs 535,000 535,000 535,000 ENGROB002 Humboldt Parkway Streetscape 802,500 802,500 802,500 ENGRO9001 South Park Ave Resurfacing and Streetscape Improvements 124,227 124,227 124,227 ENGR09002 Fillmore Ave Resurfacing and Streetscape Improvements 85,600 85,600 85,600 ENGR09003 Seneca Street Streetscape Improvements 500,000 500,000 500,000 EDPI Dept INSP09001 DEMOLITION OF BUILDINGS /STRUCTURES 2,351,179 2,351,179 2,351,179 DPW - Parks DCCM0919 City Wide -Reconstruction of Olmsted /City Parks System Marlin Luther King Jr. Park Wading Pool 2,033,000 2,033,000 2,033,000 Lasalle Park/Dog Park 26,750 26,750 26,750 Lasalle Park Shelter House 32,10 _ 3 2,100 32,100 Lasalle Park Centennial Pool /Splash Pad 53,500 53,5 53,500 Riverside Park Lighting and Field Improvements 53,500 53,500 5 3,500 Shoshone Park Field and Pool Improvements 26,750 28,750 26,750 Johnny B. Wiley Sports Complex Roof & Structural Repairs 53,500 53,500 53,500 City -wide Parks - Emergency Repairs 509,092 509,092 509,092 PRKS06002 Citywide Parks Improvements DPW - Streets STRT08002 Streets Vehicles 500,000 500,000 500,000 TOTAL -CITY OF BUFFALO $21,500,000 - $6,860,034 $14,639,966 $6,860,034 $21,500,000 COMPTROLLER'S CAP - CITY OF SUFFALC 1 $21,500,000 $21,500,000 $21,500,000 GRAND TOTAL $26,600,000 - $6,860,034 $19,739,966 $6,860,034 $26,600,000 COMPTROLLER'S CAP - GRAND TOTAL $26,600,000 $2fi,600,000 $26,600,000 Changes as a % of Total Budget 32 % 2 of 2 12/15120081 2009 Mayor's Recommended Capital Budget 2009 Capital Improvement Budget Mayors Recommended Capital Improvement Program Retommended Capital Improvement Program Common Council Revisions Common Council Revised Program Recommended Capital Improvement Program Common Council Revisions Common Council Revised Program Recommended Capital Improvement Program Recommended Capital Improvement Program -� Recommended Capital Improvement Program Project Buffalo Public Schools bps09001 Reconstruction of Various Schools bps09002 Chimney Reconstruction bpsC9003 Oil Tank Improvements 2009 $2,000 1,500,000 820,000 2009 2009 $2,000,000 1,500,000 820,000 2010 2010 2010 2011 2012 2013 bps09004 MechanicallEiectrical Reconstruction Various Schools 780,000 780,000 TOTAL - BUFFALO PUBLIC SCHOOLS $5,100,008 $0 $5,100,000 COMPTROLLERS CAP - BUFFALO PUBLIC SCHOOLS $5,100,000 City of Buffalo Buffalo & Erie County Historical Society BEHS07002 Upgrade Electrical Systems $642,000 642,000 Buffalo & Erie County Public Library BWCPL05008 Niagara Branch Library Restoration $721,192 $721,192 Fire Dept i SFD0700i Purchase Fire Apparatus DPW -Buildings Division 1,952,155 9,952,155 943,740 $943,740 1,919,921 1,919,921 - °- -"'- 1 ,952,155 BldgOSC01 Conditson Assessment of City Buildings 535,000 (535,000) 0 SldgO8004 Marcy Casino Reconstruction 202,000 202,000 202,000 Bld908005 Autumnwood Senior Center Reconstruction 107,000 107,000 107,000 i BIdg08007 District Heat Distribution System Replacement 214,0001 214,000 649,000 $649,000 214,000 207,000 5Idg08009 City Halt High Rise Elevator Modernization 2,140,000 2,140,000 Btdg08012 Salt Storage Facility 8ldg09001 City Hall Bldg09002 Critical InfrastructurelKey Resource Protection per the Buffalo UASi NIPP - Homeland Securityi 463,667 321,000 (321,680) 141,987 321,000 463,667 $463,667 2,140,000 463,667 BIdg99446 (Community Centers) Genesee - Moselle Clinic Repairs and Impro vements 214,000 Q 214,000 42$,000 $428,000 _..•..� Broadway Market Broadway General Improvements 1 107,000 107,000 Northwest Buffalo Window Replacement 1 42,800 42,800 -� Edward Saunders Roof Repair 26,750 26,750 Lafayette Ice Rink Improvements 168,000 168,000 City -wide Community Centers - Emergency Repairs 163,177 163,177 Bldg49007 City Service Buildings Citywide Libraries 214,000 214,000 t of 3 428,00131 535,OOtl $428,008 $535,000 t -� 2 15 200Fcj - -� 2009 iayor'a Recommended Capital Budget 2009 Capita! Improvement Budget M y 3 Recammended R Common Council C Common Council I Recommended R Common C Common C Recommended R Recommended R rJ Project 2 2009 2 2009 2 2009 2 2010 2 2010 2 2010 2 2011 2 2012 2 2013 Buffalo Museum of Science I BMOS09001 Storm Windows (Interior) 9 92,020 I $92,020 Police Dept - - -! BFD08001 Delaware Park Backup 911 Center Renovations 5 535,090 $ $535,900 BPD09001 Police and Fire Radio System 2 2,140,000 ( (365,000) 1 1,775,000 1 1,284,000 3 365,000 $ $1,649,000 Common Council DCCM0906North District - Reconstruction of Middlesex Avenue 2 230 2 230 496 OCCM0918 University District - Renovation of Roosevelt Park 2 224,000 2 224,000 DPW - Engineering Division ENGRO6001 Citywide infrastructure Repair /Repiaeement 5 5,638,354 ( (5,638,354) 0 0 4 4,280,000 5 54,280,000 4 4,280,000 4 4,280,000 4 4,280,000 Delaware Districtwide Infrastructure RepairlReplacement 7 743,150 7 743,150 Elficott Districtwide Infrastructure Repair /Replacement 7 743,150 7 743,150 Filimore Districtwide Infrastructure Repair /Replacement 7 743,150 7 743,150 Lovejoy Districtwide Infrastructure Repair /Replacement 7 743,150 7 743,150: Masten Districtwide Infrastructure Repair /Replacement 5 593,150 5 593,150 Niagara Districtwide Infrastructure Repair /Replacement 5 593,150 5 593,150 Niagara Districtwide Infrastructure RepairlReplacament - Richmond 1 150,009 1 150 ; ; North Districtwide infrastructure RepaiNReptacement 7 743 7 743,550 _a South Districtwide Infrastructure Repair/Replacement 5 593,150 5 533,150 South Districtwide infrastructure Repair[ Renovation of Cazenovia 1 1 1 150,000 1 150,000 University Districtwide infrastructure Repair /Replacement 7 743,150 7 743,150 l Franklin - Linwood - North Pearl St Infrastructure Repair 1 3 321,880 3 321,680 ENGR07002 Niagara St. Gateway Project 1 110,265 1 110,265 ENGR07007 Fargo Ave. /DYouviile College Streetscape 9 97,638 9 97,438 1 1 ENGR07011 Scajacquada Creek Dredging 2 267,500 $ $267,500 ENGR07008 cezenovia Creek Slope Walls & infrastructure 3 374,500 $ $374,500 ENGRO7012 Emergency Bridge Repairs 5 536,0001 5 802,500 535,000 $ $535,000 5 535,000 5 535,000 5 535,00 ENGRO9001 South Park Ave Resurfacing and Streetscape 1 124,227 1 124,227 ENGROS002 Fiilmore Ave Resurfacing and Streetscape 8 85,600 8 85,800 6 66k6 2009 Mayor Recommended Capital Budget 30£3, 12115120413] � `�--� 2009 Capital Improvement Budget Mayors Recommended Capital Improvement Program 1 � Recommended Recommended Recommended Recommended Recommended Capital Capital Common Common Capital Capital Capital Improvement Common Council Common Counc Improvement Council Council Revised Improvement Improvement Improvement Program Revisions Revised Program Program Revisions Program Program Program Program Project 2009 2009 2009 2010 2010 2010 2011 2012 2013 Kieinhans Music Haft -- KMH07001 Kieinhans - Reconstruct Air Conditioning System 1,770,040 $1,770,000 KMH09001 HVAC Chil3er Replacement 775,750 $775,750 Office of Strategic Plannin 0SP08002 Planning Neighborhood Infrastructure 1.070,000 $1,070,000 1,470,000 1,070,000 1,670,000 DPW - Parks DCCM0919 City Wide - Reconstruction of Clmsted /City Parks 1,345,819 $1,345,818 System Martin Luther King Jr. Park Wading Pool 2,033,600 2,033,000 Lssaite Park/Dog Park 26,750 26,750 Lasalle Park Shelter House 32,100 32,100 Lasalle Park Centennial PooVSplash Pad 53,500 53,500 Riverside Park Lighting and Field Improvements 53,500 53,500 Shoshone Park Field and Pool improvements 26,750 26,750 Johnny B, Wiley Sports Complex Roof & StructuraS Repairs 53,500 53,500 City -wide Parks - Emergency Repairs 509,092 509,092 PRKS08002 Citywide Parks Improvements 642,000 $642,000 642,000 642,000 642,00[3 DPW - Streets STRT08002 Streets Vehicles 500,000 504,000 850,000 $850,000 850,000 850,000 I 850,00E TOTAL - CITY OF BUFFALO $21,500,000 $0 $21,500,000 $22,290,688 $365,000 $22,655,688 $18,555,688 $15,718,421 $11 ,329,155 COMPTROLLER'S CAP - CITY OF BUFFALO $21,500,600 GRAND TOTAL $26,600,000 $0 $26,600,000 $22,290,688 $365,0001 $22,655,688 $1 tl5,718,4211 $11 COMPTROLLER'S CAP - GRAND TOTAL $26,600,600 30£3, 12115120413] � `�--� DA r Dec 0)'� V) G - '(" t -., f h 0 I b �'-o 4 a f R u 00 po r) Op I C W P21 Vi 44 -4 Ch LA r,713� W P21 Vi 44 r,713� �C, v �, . P s SMITH ----- - - - - -- [ MA7 - 5 - * # 0:* [2!3 - 6) [3/4 - 7 LE, . 0 7 ►n �o c� 1 ; #�' fly � #.�• ..l i 0 7 ►n �o c� 1 ; *AYE* NO BDNtAM- * * . GOILOMM,.,_ * . VERA RUSSELL [-------- - - - - -� - [MAJ- 5] * . 12/3 - 6 [3/4 - 7] A c I Cr -6 4 For r - A CA f c> r q *AYE* N PAYM EBAKCM RIVERA SMLM ------------ [MAJ- 5] 9 0. , [2/3 6] [3/4 71 V -6 4 For r - A CA f c> r q *AYE* N PAYM EBAKCM RIVERA SMLM ------------ [MAJ- 5] 9 0. , [2/3 6] [3/4 71 City Clerk's Department BUFFALO December 26, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 2 PASSED December 23, 2008 Extension of Tax Assessment Grievance Period. Gerald A Chwalinski City Clerk CD SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Pate: December 18, 2008 FROM: DEPARTMENT: OFFICE OF THE MAYOR SUBJECT: [: Extension of Tax Assessment Grievance Period PRIOR COUNSEL REFERI3NCE: (IF ANY) Ex. Item No. xxx.C.C.P.xx /xx /xx The New York State Real Property 'Tax Law and the City Charter allows citizens to challenge the assessed valuation of their real property. Owners of real property located in the City of Buffalo are notified by the City of changes to their assessment annually as of December I' The deadline for filing a challenge to the assessed value is December 31` of each year. At this time, when our state and country are facing an economic crisis, I am requesting this Honorable Body to extend the deadline for filing assessment challenges to January 21, 2009. Such an extension will allow citizens who wish to examine their assessment time to research their homes' fair market value, make an. educated decision as to whether or not to challenge their assessment, and if so, to file a timely challenge, I ask your I lonorable Body to extend the deadline for filing assessment challenges to January 21, 2009. Thank you for your consideration in this matter. Department Head Name: Title: SIGNATURE OF DEPARTMENT HEAD: Hon, Byron W. Brown or Mr. Fontana moved: That the above communication from the Mayor dated December 18, 2008, be received and .filed; and That the Common Council extend the deadline for filing tax assessment challenges to January 21, 2009_ Passed 2 `rAB:rinv T:\wp60\mswordV - mvQc 12- 23a.doc 5 _ a *AYE* NO * DAVIS FO NT-ANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL *J [213 6] [314 - 71 City Clerk's Department BUFFALO December 26, 2008 % vo•TT R • DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item, No. 3 PASSED December 23, 2008 Suspend Parking Meter Enforcement on Christmas Eve Gerald A Chwalinski City Clerk ?�3 - f F; (J I C �,� ��"�r.'< , �..� b;% [.,� '.vii ��. SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 18, 2008 FROM: DEPARTMENT: Executive SUBJECT: [:Suspend Parking Meter Enforcement on Christmas Eve G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C:P. xxlxxlxx) In accordance with the City's traffic ordinances as contained in Chapter 479, Section 33(96), 1 hereby request Your Honorable Body authorize the suspension of all parking meter enforcement on December 23, 2008 and December 24, 2008 in the City of Buffalo. I believe that this measure offers an excellent opportunity to support and promote our commercial districts, while providing a significant benefit to the residents of the City of Buffalo. I thank you in advance for joining me in this effort. J , g SI ATURE DEPARTMENT HEAD TITLE: Byron W. Brown, Mayor x x _ tVI . Fontana inovea. That the above communication from the Mayor dated December 18, 2008, be received and filed; and That the Common Council authorize the suspension of parking enforcement on December 23, 2008 and December 24, 2008 in the City of Buffalo. Passed `I'AB:nnv T :Vvp{ OVnswordlrmvl3ct2- 23a.doc - I �D p 4 f �4� *AYE* NO * DAVIS * * * FONT-ANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH * '" [MAJ_ S] * * 0 [213 - 6] [314 - 7] .. i FROM THE MAYOR - EXECUTIVE DEPARTMENT Dec 23, 2008 cl YJ y FROM THE OFFICE OF STRATEGIC PLANNING City Clerk's Department BUFFALO December 26, 2008 HON. BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 4 PASSED December 23, 2008 Strat Plan - Results Neg -49 Churchill (North) Gerald A Chwalinski City Cleric S7 :. ")- 1.1;:1'' 1 ��; R #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 6, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 49 Churchill, 485' N Amherst Lot Size: 25' x 100' Assessed Valuation: $3,400.00 (North District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Richard LaBarba and Mrs. Diana LaBarba, 55 Churchill Road, Buffalo, New York 14207 to purchase 49 Churchill_ Mr. and Mrs. LaBarba own and reside at 55 Churchill, which is adjacent to 49 Churchill_ They intend to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy -Five Cents ($.75) to One Dollar and Eighty -Five Cents ($1.85), per square foot. The results of our negotiations are that Mr. and Mrs. LaBarba have agreed and are prepared to pay One Thousand Nine Hundred Dollars ($1,900,00), Seventy Five Cents ($.75) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 49 Churchill to Mr. and Mrs. LaBarba in the amount of One Thousand Nine Hundred Dollars ($1,900.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Q � DEPARTMENT HEAD NAME: CARL ��a TITLE: SIGNATURE OF DEPARTMENT HEAD: CAK:J PH:ck Resne949churchillhe DIRECTO F ADMINISTRATION & FINANCE OFFICE OF S RAT.EGI?' P -- ANNING i rl, -rx 6 rec i y r`Ro n 1 p � I I I I I � f I \ o I 1 � r-'-L E I i e � I I I E :o H V .SN /fPiN6 er U O r� 0 � C9RP:q R 2 (Q s h EcEC_ -ruEC: tag[ o� VJ 17 a• ' E l / 1 gg � � e C VEv .] COMTRS. F. 68 e a� x di �j 1 9 aloi CW a "V w OCALABRE'S BR T. e /! STR5. PAPLr'R & MA/�pL /! O J i AS I c ,, [I![ON3 (Q s Fsys D t •I € F' A R X � 1 D v � i E Jl f 4-R. (C +o„ -- /r p '9g T04 • • z , ?20 �P? • 14 I16 I � aJB , 740 1d'" 746 SCALE OF FEET ,a saa��....«. d v 5 0 . . . . ° �0 - = uo AM 3 63 H E RST !e EOVYFIGNT SANdOAx AMP COVIMNY. Mr. - - - -- Fr AS.F' 4 5'T GE' fEf W. Ho. k I � I o I �d � 7CNM /N -BEN R/✓[ .fTNT/ON SNN ✓lFf- fxicks F r� 4�xas n. r *_AYE* NO v s # D CC 3 1 1, 200 3 RANCZYK ' � yy T r j /�`-� /CS_ ;��.. �1�i:� �� �� ��•�r�c' / L � (:_��.1 � -. .: ;,; i ,� ���.�..�� G� �2.e��L =ryT - -�'�, f F _...... LOCURTO # # # ' "i, �� c -..� " l L Lam•._ � .: �.� f da' RUSSEL V F # ' � yy T [ MA1- 5 # 0 # [2/3 - 6) j3/4 7 A 'A, r j /�`-� /CS_ ;��.. �1�i:� �� �� ��•�r�c' / L � (:_��.1 � -. .: ;,; i ,� ���.�..�� G� �2.e��L =ryT - -�'�, f F _...... ' "i, �� c -..� " l L Lam•._ � .: �.� f da' City Clerk's Department BUFFALO December 26, 2008 HON. BYOWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 5 PASSED December 23, 2008 Strat Plan - Results Neg -1477 E. Delavan (Lov) Gerald A Chwalinski City Clerk i ii � "( r;j : , L, E I'- 5 i" F #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 8, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 1477 East Delavan, E Cor. Freund Lot Size: 31'x 120' Assessed Valuation: $3,700.00 (Lovejoy District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Kimberly Williams, 11 Winkler Road, Cheektowaga, New York 14225 to purchase 1477 East Delavan. Mrs. Williams owns a two family house at 1479 East Delavan, which is adjacent to 1477 East Delavan. She intends to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, 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 lots in the subject area. Sales range from One Dollar ($1.00) to Two Dollars ($2.00), per square foot. The results of our negotiations are that Mrs. Williams has agreed and is prepared to pay Four Thousand Seven Hundred Dollars ($4,700.00), One Dollar and Twenty Five Cents ($1.25) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1477 East Delavan to Mrs. Kimberly Williams in the amount of Four Thousand Seven Hundred Dollars ($4,700.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. N "IF- C D OM EPARTMENT HEAD NAME: CARLA A(,` � �Vk MT. TITLE: SIGNATURE OF DEPARTMENT HEAD: CAK:JPH:ck Res neg 1477delava nlre DIRECTOR OF ADMINISTRATION & F11 OFFICE OF STRATEGIC PU11NG 1__� Al T Tr, W - vo 6:�70 r7� R 156 /J/,� w 'gr /v 1� /; /� -4 M - 1 1 1 1 1i - �11 ly"L Ava sew /->?' C,� z3y 've 'I'alf /h8 6 r —1Z9 6, 11 r_ t I �� •Q,�I F`A � y � � ` �I I v �R I�� ° G ' � � °� L uo r-1 M in 1 P] A? -T 7 6 :t5 /E -Q W A G I la w __ M, CC) \) r "ZI AdelfA I N&XLC--- swc�!Pr Ai) 0 11 N L Lj Aip" 1 I I JI ,� � `' � � ��..,�) � � V �l �i �E` ter. 3Y ly"L Ava sew /->?' C,� z3y 've 'I'alf /h8 6 r —1Z9 6, 11 r_ t I �� •Q,�I F`A � y � � ` �I I v �R I�� ° G ' � � °� L uo r-1 M in 1 P] A? -T 7 6 :t5 /E -Q W A G I la w __ M, CC) \) r "ZI AdelfA I N&XLC--- swc�!Pr Ai) 0 11 A P IR 0 DEC 3 i t )0�3 . *AYE* N O * PHIS MAMCM * * * ♦ T ----------- -- * _ [MAJ- 51 * * 0. [2/3 - 6] [3/4 - 7] ��L��.f !I_•. /,S jl f � ��`, J . __ '�! �,/ C 1 4d (m /c CCi�c[s'. �� t ' >. e cs. � €' �-- �� �- ��(r%- � !} a(c 0 1�.'. t� - -:t't e .......... $ T. Loci= SMEM ----------- -- * _ [MAJ- 51 * * 0. [2/3 - 6] [3/4 - 7] ��L��.f !I_•. /,S jl f � ��`, J . __ '�! �,/ C 1 4d (m /c CCi�c[s'. �� t ' >. e cs. � €' �-- �� �- ��(r%- � !} a(c 0 1�.'. t� - -:t't e .......... * T. SMEM ----------- -- * _ [MAJ- 51 * * 0. [2/3 - 6] [3/4 - 7] ��L��.f !I_•. /,S jl f � ��`, J . __ '�! �,/ C 1 4d (m /c CCi�c[s'. �� t ' >. e cs. � €' �-- �� �- ��(r%- � !} a(c 0 1�.'. t� - -:t't e .......... City Clerk's Department BUFFALO December 26, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, l present herewith the attached resolution item. No. 6 Strat Plan - Results Neg -104 Elmer (Univ) PASSED December 23, 2008 Gerald A Chwalinski City Clerk s e =. 6 0 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 9, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 104 Elmer, 297'N Hutchinson Lot Size: 33' x 112' Assessed Valuation: $4,100.00 (University District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Dewitt D. Overton and Mrs. Mary L. Overton, 108 Elmer Street, Buffalo, New York 14215 to purchase 104 Elmer. Mr. and Mrs. Overton own and reside at 108 Elmer, which is adjacent to 104 Elmer. They intend to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Sixty Cents ($.60) to One Dollar and Ten Cents ($1.10), per square foot. The results of our negotiations are that Mr_ and Mrs. Overton have agreed and are prepared to pay Two Thousand Two Hundred Dollars ($2,200.00), Sixty Cents ($.60) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 104 Elmer to Mr. and Mrs. Overton in the amount of Two Thousand Two Hundred Dollars ($2,200,00), I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CARLA A. KOSMERL TITLE: DIRECTOR OF ADMINISTRATIeeN & FINANCE OFFICE OF STRAiEGICh'LAN�fING SIGNATURE OF DEPARTMENT HEAD: CAK:JPH:ck Resnegl Netmerre RE ITT A/J AM I E. AMHER5;r 3 HUTCHINSON L Y ! 91 n I D L-9 D 2 _ ai R 0 1 IY A . . 9 Fl c � O �z! r A 11 1: I 1, l/ J3 r R w v D 21 n IJ �I1S� a R � l � R i I off 9 `• D F. A 9 0H DH OC IU 4J iun W fA ot ' e ` *AYE* NO P-AVIS -- ���„ „•��� # ER AN= KFA RNS fk # # # # # �ACURTO # � CJ SELL [-------- - - - - -� # [MAJ- 51 *' * 0. [213 -6) # [ 314 - 71 � ,ft 57 bt f f - / #2 (Rev. 1193) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 10, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 037 Fillmore, N Cor_ Peckham Lot Size: 30'x 125' Assessed Valuation: Land $2,800.00 Improvement: $35,900.00 Total: $38,700.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Beverly M_ McLean, 66 Summer Place, Apartment: 4H, Buffalo, New York 14209 to purchase 037 Fillmore Avenue. Ms. McLean intends to renovate the dwelling and reside at 537 Fillmore. The estimated cost of renovations is Thirty Six Thousand Dollars ($36,000.00). She has provided proof of financial ability to complete the purchase and repairs. The property consists of 2,678 square feet, two story one family brick dwelling in poor condition situated on a lot 30'x 125'. The property was acquired by the City through In Rem #41 in November 2007. There have been no serious offers for the property, since being acquired by the City. The Office of Strategic Planning Land Use Planning Committee, 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 properties in the subject area. Sales range from One Dollar and Thirty Cents ($1.30) to Two Dollars ($2.00), per square foot, land value. The structure contributes little or no value to the overall market value of the subject property. The results of our negotiations are that Ms. McLean has agreed and is prepared to pay Four Thousand Nine Hundred Dollars ($4,900), One Dollar and Thirty Cents ($1.30) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. P) Page 2 Results of Negotiations 537 Fillmore I am recommending that Your Honorable Body approve the sale of 537 Fillmore to Ms. Beverly McLean in the amount of Four Thousand Nine Hundred Dollars ($4,900). 1 am further recommending that the Office of Strategic Planning 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: CAK :JPH.ck ResnegWfillmorelre CARLA A. KOSMERL DIRECTOR OF ADMINISTRATION & FINANCE OFF CE OF ST ATEGIGP- LANNING K s..�*4ris (tUoj`. I WP -' �(�s��.'���� " � E A � .............. QrV IE K TJ L ! t � �� 1 ! 3 l r � T � i i Y � �l. i �f < _ �� T AN 1 .. .............. f,j � ; E ,q � ` �� ( F 'I �� `�(r�Z r f r F :x�ti�- .. -._.._ -._ 2 r � }� L 1 -1 1 _ - ------ ----- tA ---- -- ----- 4A -11 j AN MAI 0 mr 11 oil A Nj #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 9, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 187 Fourteenth, 110' SE Connecticut Lot Size: 30'x150' Assessed Valuation: Land $5,300. Improvement: $37,600. Total $42,900. (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Michael J. Brennan, 55 Beech Avenue, Lackawanna, New York 14218 to purchase 187 Fourteenth Street. Mr. Brennan intends to renovate the dwelling and use as a place of residence. He has provided proof of financial ability to complete the purchase and repair the property. The property consists of 1,892 square feet, two family four bedroom frame home situated on a lot 30' x 150'. The property was acquired by the City through In Rem #39 in October 2006. There have been no serious offers for the property since being acquired by the City. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Ninety Cents ($.90) to One Dollar and Thirty Cents ($1.30), per square foot of living area. The results of our negotiations are that Mr. Michael Brennan has agreed and is prepared to pay Five Thousand Three Hundred Dollars ($5,300.00), One Dollar and Seventeen Cents ($1.17) per square foot of living area for the subject property. He has also agreed-to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 187 Fourteenth Street to Mr. Michael Brennan in the amount of Five Thousand Three Hundred Dollars ($5,300.00). 1 am further recommending that the Office of Strategic Planning 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: CAK:JPH:ck Re s neg 187fo u rteenthlre CARLA A. KO DIRECTOR kF ADMI OFF40E OF_ -E FRATION & INANCE PLANNIN II Il nde i t— D u 120 �j Z- 7- 0 0 'E qi 15�"' ST - - A: ST.. .14-H NORMAL AV, ew// City Clerk's Department BUFFALO December 26, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 9 PASSED December 23, 2008 Strat Plan- Results Neg -31 S Glenwood (Mas) Gerald A Chwalinski City Clerk 1 43 iJ V � V #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 6, 2008 FROM DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 318 Glenwood, 76'E Jefferson Lot Size: 31'x44' Assessed Valuation: $1,200.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Sandra Bynum, 324 Glenwood Avenue, Buffalo, New York 14208 to purchase 318 Glenwood. Mrs. Bynurn owns and resides at 324 Glenwood, which is adjacent to 318 Glenwood. She intends to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Five Cents ($.55) to Seventy Cents ($70), per square foot. The results of our negotiations are that Mrs. Bynum has agreed and is prepared to pay Nine Hundred Fifty Dollars ($950.00), Seventy Cents ($.70) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. am recommending that Your Honorable Body approve the sale of 318 Glenwood to Mrs. Sandra Bynum in the amount of Nine Hundred Fifty Dollars ($950.00). I am further recommending that the Office of Strategic Planning 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: CAK:JPH:ck Resneg 31891e nwo odlre CARLA A. KOSMERL DIRECTOR O MINISTRATfO-1 OFFICE OF STRA C/PLANNI & FINANCE c1\ 3 u u �'* 39.7 !1 n !! V n A WOODLAWN ?7F 41 R79 .741 Z.12 4 4� �n n \ � u n i1 1! 3; Z $ 0 0. s C) N Y A 4 s SON N b AV. 11—f nI cV 3&1 y q. D. D • R D � � � D . J7 • � if X. J3 • D .34.91 i R + l• 326 3 u u �'* 39.7 !1 n !! V n A WOODLAWN ?7F 41 R79 .741 Z.12 4 4� �n n \ � u n i1 1! 3; Z $ 0 0. s C) N Y A 4 s SON N b AV. 11—f nI cV 3&1 y q. D. D • R D � � � D . J7 • � if X. J3 • D .34.91 i R + l• 10 P 9 A A � 4Rk 2 1, F ! A; R F 1111fNS G T. k f vrMa r D. 11. • � 7) • l! • A D '� 0 ! i R � • l• A A r A; R F � d D 2 D A. 2; ► If 27 IJ R lr jD Z R, t� . A J � 2 D • N n ^emu �e GR Q a P b A � Y I A R Y ( VY W WY q �r tia n� O Y ?x � 4N y C 4.N iy 35+6 a a,�5zs 3 6 35B .iG'V 6 ! 364 36S e7D ,37Z 374 376 a H N GLENWOOD AW s4_�a•,��s«�.���_ Pff FA Mr. I'orrtana moved: That the above communication from the Office of Strategic Planning dated December 6, 2008, be received and filed; and That the offer from Mrs. Sandra Bynum, residing at 324 Glenwood, in the sure of nine hundred and fifty dollars ($950.00) for the purchase of 318 Glenwood, 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 Office of Strategic Planning 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. 9 Y T'AB:rmv t:1wp60 \nswor(I\nnvl9c 12- 23a.doc DAVIS FONTANA * * * * * FRANCZYK * * _ GOLOMBEK * * * _ * * KEAR * * _ ' * _ * * * * _ RIVE * * * * * RUSSELL * * * * * S MITH * * � * * * |MAJ- 5] [Z/3 '6l [3/4 - 7l * (] * * * * � * � _ * * * Vill A P P END" YOR #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 9, 2008 FROM: DEPARTMENT_ Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 23 Hauf, 130'S Glenwood Lot Size: 30'x119' Assessed Valuation: $2,000.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. William Robinson, 21 Hauf Street, Buffalo, New York 14208 to purchase 23 Hauf. Mr. Robinson owns and resides at 21 Hauf, which is adjacent to 23 Hauf. He intends to use the vacant lot for additional yard space, The Office of Strategic Planning sand Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Four Cents ($.44) to Sixty Five Cents ($.65), per square foot. The results of our negotiations are that Mr. Robinson has agreed and is prepared to pay One Thousand Five Dollars ($1,500.00), Forty Four Cents ($.44) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. am recommending that Your Honorable Body approve the sale of 23 Hauf to Mr. William Robinson in the amount of One Thousand Five Hundred Dollars ($1,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CARLA A. K TITLE: DIRECTO F ADMINISTRATION'& FINANCE OFFICE OF S TEGJC�ANNING SIGNATURE OF DEPARTMENT HEAD: CAK:JPH:ck ResnegMauflre REFER TO THE COM I t I E A d N na soma = =nz GLEN a az� SRN n R ' G `ax i, d n � �Y �Y n A � 4 �II pow.. a 2 u fD K4 38 42 45 50 sz . , oo s . s LA P �C) H 3A 4f 49 w 55 -- -...57.s.aoo...59 SJ E. UTICA 1� z O w W - u Y 4 11 Oyu f � � • ?F �f be N tl 11 37J "77 ., J 9 9d! • 3gS 307 _fig j "' �¢ 11 { p ? 2 2 a p x PYS 2 -R. �' z.• ;; 324 a -yr; 4 CBI ® of d "- -1 P-; - - E7 �r Y7 �i • p SfYP,� /y.J may- s _'_ °_•___— u N v 14 • A � 4 �II pow.. a 2 u fD K4 38 42 45 50 sz . , oo s . s LA P �C) H 3A 4f 49 w 55 -- -...57.s.aoo...59 SJ E. UTICA 1� z O w W - u Y 4 11 Oyu f � � • ?F �f be N tl 11 37J "77 ., J 9 9d! • 3gS 307 _fig j "' �¢ 11 { p ? 2 2 a p x PYS 2 -R. �' z.• ;; 324 a -yr; 4 CBI ® of d "- -1 P-; - - E7 �r Y7 F[ SwF O O. .J_ #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE December 6, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 359 Hudson, 346' SW Wadsworth Lot Size: 26'x 115' Assessed Valuation: $4,200.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Charles HT Saunders and Mrs. Mary Simpson Saunders, 17 Days Park, Buffalo, New York 14201 to purchase 359 Hudson. Mr. and Mrs. Saunders own the single family home at 44 Days Park, which is adjacent to 359 Hudson. They intend to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Ninety Cents ($.90) to One Dollar and Fifty Cents ($1.50), per square foot. The results of our negotiations are that Mr_ and Mrs. Saunders have agreed and are prepared to pay Three Thousand Dollars ($3,000.00), One Dollar ($1.00) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 359 Hudson to Mr. and Mrs. Saunders in the amount of Three Thousand Dollars ($3,000.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME CARLA A. KOSMERL TITLE: DIRECTOR OF ADMINISTRATION & FINANCE OFFICE OF RATEGIC NNING SIGNATURE OF DEPARTMENT HEAD: CAK:JPH:ck Resneg359hudsonlre RE FERR.ED TO THE COMMI _ ON a� UNI DEVE LOPMENT, iF 9d /d I{ ii iF FF F! • �Ff N q FIb1 x eFp an 1i �9 IlCl A' f it !r r IF H(7 ' €I 0 if I . ^ G ^ V . 0 z i NO Y x Nt K B'< n� r A .i w �b €la IS flt w {{ I{ . Nor H Nq p _ = ae saR..•r s w I N nd Y. 1 i Z3 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 9, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 66 Miller, 650.85' N Broadway Lot Size: 35'x 97' Assessed Valuation: $3,800.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Loren D. Crowden, 8445 North Main Street, Eden, New York 14057 to purchase 66 Miller. Mr. Crowden owns an apartment type building at 74 Miller, which is adjacent to 66 Miller. He intends to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($.45) to Sixty Five Cents ($.65), per square foot. The results of our negotiations are that Mr. Crowden has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500.00), Forty Five Cents ($.45) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 66 Miller to Mr. Doren Crowden in the amount of One Thousand Five Hundred Dollars ($1,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: CARLA A. KOSMERL DIRECTOR OVA MINIST OFFICE OF STRAtC t SIGNATURE OF DEPARTMENT HEAD: CAK :JPH:ck Resneg66mi r CO ITTEE .D � - WE #.ia O P Hx E L e N & FINANCE ING Nl /d n4 by mc)'dOtila T (Tj O Z x #2 (Rev. 1193) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 9, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 628 E. North, 67'W Herman Lot Size: 34'x 126' Assessed Valuation: $1,800.00 630 E. North, 32'W Herman Lot Size: 35' x 126' Assessed Valuation: $1,900.00 634 E. North, W Cor. Herman Lot Size: 32'x 126' Assessed Valuation: $1,700.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Alonzia L. Stevens and Mrs. Lena D. Stevens, 618 East North Street, Buffalo, New York 14211 to purchase the above referenced propertries. Mr. and Mrs. Stevens own and reside at 618 East North and also own a one family house at 620 East North and a vacant lot at 618 East North, which are all adjacent to the lots at 628, 630 and 634 East North. They intend to beautify the area and use the vacant lots for additional yard space. The Office of Strategic Planning Land Use Planning Committee, 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 purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Twenty Five Cents ($25) to Fifty Cents ($.50), per square foot. The results of our negotiations are that Mr. and Mrs. Stevens have agreed and are prepared to pay l=ive Thousand Four Hundred Dollars ($5,400.00), Forty Two Cents ($.42) per square foot for the subject properties. They have also agreed to pay for the cost of the transfer tax and recording fees. 10 Page 2 Results of Negotiations — 628, 630 & 634 E. North I am recommending that Your Honorable Body approve the sale of 628, 630 and 634 East North to Mr. and Mrs. Stevens in the amount of Five Thousand Four Hundred Dollars ($5,400.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CARLA A. KOSMERL TITLE: DIRECTOR F ADMINISTRATION & FINANCE OFFICE OF STRATE IC P NN1NG SIGNATURE OF DEPARTMENT HEAD:" CAK:JPH:ck Resnegenorthlre ,Opp ;,b � T r N'N m�o - - S .� r .. r F r� 21 j 4 4 Q Q > Rt jl AW <Cm k t 9 Y 4 xQ� N�►W�t3H-- ...;..... k k k W a \ ° ti LLJ � �pv .sue tan x ;}'mil ` 0 � q M �S3 a � K� <Cm k t 9 Y 4 xQ� N�►W�t3H-- ...;..... k k k W a \ ° ti LLJ � �pv .sue tan x ;}'mil ` 0 � q M �S3 a � K� Y 4 xQ� N�►W�t3H-- ...;..... k k k W a \ ° ti LLJ � �pv .sue tan x ;}'mil ` 0 � q M �S3 a � K� #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 6, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 97 Potomac, 145'W Dewitt Lot Size: 22'x 99' Assessed Valuation: $2,900.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Brian M. Bonvissuto of 244 Dewitt LLC, 244 Dewitt Avenue, Buffalo, New York 14213 to purchase 97 Potomac, Mr. Bonvissuto owns downtown row type buildings at 244 and 246 Dewitt and residential vacant lots at 99, 103 and 105 Potomac, which are all adjacent to each other. He intends to beautify the area and use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy Five Cents ($.75) to One Dollar and Fifty Cents ($1.50), per square foot. The results of our negotiations are that Mr. Bonvissuto has agreed and is prepared to pay Two Thousand Two Hundred Dollars ($2,200.00), One Dollar ($1.00) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 97 Potomac Avenue to Mr. Brian Bonvissuto of 244 Dewitt LLC in the amount of Two Thousand Two Hundred Dollars ($2,200.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CARLA A. KOSMERL TITLE: DIRECTOR OF A fa F STRATIO & FINANCE OFF E OF STRATtGLCPLAN NI G SIGNATURE OF DEPARTMENT HEAD: CAK!JPH:ck ResnegWpotomac/re F `° R T F �� � 1 EE MNI �� r � � 1 LdJ_ —x 9 n W �� ✓�. e �i ?1r J. �, �� �• � �i'r `! ' '� �� Ba s S � __�___� �'1YP�oc�yar.�85a +�_ s 6 4 41 1 t1 ,�A rp ��I � �oi4r �1 �;1 ' p u b n a s 9 a a ' 1 1F �. _�, �" � ry � � � � U . f i�� 2 D !!O I1.2 ,� !� 9 fA )H #1 (Rev. 1/93) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 6, 2003 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 143 Potomac, 152.50' E Dewitt Lot Size: 27'x 107' Assessed Valuation: $2,500.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Brian M. Bonvissuto, 137 Crosby Boulevard, Amherst, New York 14226 to purchase 143 Potomac. Mr. Bonvissuto owns a warehouse building at 121 Potomac in which 123 and 127 Potomac have been combined with 121 Potomac. He also owns the vacant lot at 139 Potomac, which is adjacen. Mr. Bonvissuto intends to use the vacant lot for additional green space for his building at 121 Potomac. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area Sales range from Seventy Five Cents ($.75) to One Dollar and Fifty Cents ($1.50), per square foot. The results of our negotiations are that Mr. Bonvissuto has agreed and is prepared to pay Two Thousand Five Hundred Dollars ($2,500.00), One Dollar ($1.00) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 143 Potomac Avenue to Mr. Brian Bonvissuto in the amount of Two Thousand Five Hundred Dollars ($2,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CARLA A. KOSMERL TITLE: DIRECTOR 01 -DMINI TRAT ON & FINANCE OFF OF ST EGIC ,LANN G i SIGNATURE OF DEPARTMENT HEAD: CAK:JPH:ck REFERRED T � Resneg143pofomac / re �, -„ ,O MI Il : TEE \ N I yn M111 'AV T-S79AA , 4 Ft; - 7 11 -TA j- 10 Ivr- - F w t� - QH sst I -IN N I yn M111 'AV T-S79AA , 4 Ft; - 7 11 -TA j- 10 City Clerk's Department BUFFALO December 26, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 16 PASSED December 23, 2008 Strat Plan - Results Neg -2 ] 3 Sobieski (Fill) Gerald A Chwalinski City Clerk 4n a #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: December 6, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 213 Sobieski, 133.13' N Sycamore Lot Size: 34'x 99' Assessed Valuation: $1,700.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mohammed Asif lqbal, 215 Sobieski, Buffalo, New York 14211 to purchase 213 Sobieski. Mr. lqbal owns and resides at 215 Sobieski, which is adjacent to 213 Sobieski. He intends to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty Cents ($.60), per square foot. The results of our negotiations are that Mr. lqbal has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($1,700.00), Fifty Cents ($.50) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 213 Sobieski to Mr. Mohammed Asif lqbal in the amount of One Thousand Seven Hundred Dollars ($1,700.00). 1 am further recommending that the Office of Strategic Planning 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: CAK:JPH:ck Resneg2l3sobieskilre CARLA A. KOSMERL DIRECTOR OF ADMINISTRATION & FINANCE OFFICE OF RATEGI ~ PL' KING ._M . ,— '-�':,:i� �-ee -gF M �i II 2 li e a u Wd ! �a ve n i e I' lr II T l: 7 bf K Qn E.. Hd 294 M AIN -Z. u ! R 4 s�qm �NS� pN u I: r i l l D IG' 5 S S 6�� 3 F f � Poc"wOrlaw CgTmwrc Gyula 4� I�OlY MorN£R of Rosgvv Q npPPCN S[p rc0 F OOT ✓!)IQ � I k { F f F ' k !Y 'O tl J � n ..r a d d d �m te a ° d d d 3 Q• Y � LLJ 9 T gprs. 2y APfj • I Zd f9 w 2 .7l N W _ a olrma ytffa- Rasv�ar • I Zd f9 w 2 .7l Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated December 6, 2005, be received and filed; and That the offer from Mr. Mohammed Asif lgbal, residing at 215 Sobieski, in the sung. of one thousand and seven hundred dollars {$1,700.00} for the purchase of�213 Sobieski, 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 Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the sarne, in accordance with the terms of sale upon which the offer was submitted. Passed. 16 TART nm 1:%xvp60lrnswordli'mvA16c I2- 23a,doc � � � DAVIS c� 8 [---------| * ~ * * ^ [MAJ- 51 0 * |2/3 - 6l * * * v : X)H � ' FONTANA * * * * * * FRANCZYK * * * _ * * GOLOMBEK * * * _ * * * * * * * LOCURTO * * * _ * * RIVERA * * * * * * RUSSELL * * * * * SMITH * * * * * * c� 8 [---------| * ~ * * ^ [MAJ- 51 0 * |2/3 - 6l * * * v : X)H � #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL. DATE: December 6, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 38 St. Louis, 360.47' N Walden Lot Size: 30'x 109' Assessed Valuation: $1,400.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Michael G. Lyons, 37 Cantwell Drive, Buffalo, New York 14220 to purchase 38 St. Louis. Mr. Lyons owns a two family house at 42 St. Louis, which is adjacent to 38 St. Louis. He intends to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Twenty Six Cents ($.26) to Sixty Cents ($.60), per square foot. The results of our negotiations are that Mr. Lyons has agreed and is prepared to pay One Thousand Four Dollars ($1,400.00), Forty Two Cents ($.42) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 38 St. Louis Avenue to Mr. Michael Lyons in the amount of One Thousand Four Hundred Dollars ($1,400.00). 1 am further recommending that the Office of Strategic Planning 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: CAK:JPH:ck Resneg38stiouislre CARLA A. KOSMERL DIRECKOR OF ADMINI,CTRATION & FINANCE OFFICE F STRATEGIC PLANNING REr 79 Tf COMMITTEE G J 6tlYl"t i.3�`ti `e f E �r AV N 3 a IV --7 4T 4r ILL a '< Er ILI, r1 d7 tu rri HC pl, FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS Dee 23, 2008 #1 (Rev. 1/93) SINGLE PAGE, COMMUNICATION TO THE COMMON COUNCIL ' TO: THE COMMON COUNCIL, DATE: December 17, 2008 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10255 Install Stop Signs [: in .Depew Avenue : at Beard Avenue [: ( Delaware District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. ( Item No, xxx xx /xx /xx STOP SIGNS (ALL -WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing; existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding; thereto the following: STOP SIGNS VEHICLES ON Depew Avenue SHALL, STOP BEFORE ENTERING Beard Avenue This action is being taken in order to provide all way stop control at this intersection. There is poor visibility from the north approach due to the geometry of the intersection which is compounded by the downhill grade on the east approach. Jd :!)I r.i Mir -L)"� TYPE DEPARTMENT" HEAD NAME: Peter J. Merl o, P. F, TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: IN " ( "10255...) 1, , �0 Q 4 D Ck J 5 v` #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL i' TO. THE COMMON COUNCIL DATE: December 17, 2008 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item Na. xxx, C C.P, xx /xx /xx [: B. Davis ---R. Alsheimer — intersection of Edward [: & .Elmwood Changed to Two Way Traffic [: Item No. 55, C.C.P. 09/30/2008 Conversion of Edward Street between Elmwood Avenue and Virginia Street to two way traffic would require much further investigation. Documentation must be provided which shows broad support amongst the affected property owners (typically a petition of 75 %). My department must also conduct and /or review a traffic study (once support is established) to see what impacts such a change would have on the area. SJS /PJ M /EDS TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TI`T'LE: SIGNATURE OF DEPARTMENT ILEAD: (cc 121708edward.doc) REFERRED TO THE COMMITTEE ON LEGISLATION, & DEPARTMENT OF PUBLIC WORKS y i S E No. 55 of 9/30108 € . davis tion of Edward Street and Elmwood Street to be charged to two way traffic Dear Mr. Chwalinski: Please filry the attached item for further discussion at the next Common Council session to be held Tuesday, September 30, Thank you in adv <. ic;e for your assistance with this ma=tes, l g f;_s {: owner o '6 to property at the intersection of Edward and Elmwood, consisting of the former Immaculate Conception t`'hurcli i, tl o- rectory, and the school building now used by the Buffalo Board of Education. The short stretch of Edward Street between Virginia and Elmwood is currently restricted as a one -way thoroughfare heading west. There is a clear need to change this thoroughfare to allow two- way traffic so that Elmwood can be accessed from the property. Because the property is located directly at the intersection, drivers often exit the property traveling east on Edward for the short distance to Elmwood without realizing that they are going directly against permitted traffic flow. For safety's sake, as well as convenience to the invitees of the property, I would urge you to consider this revision. Plf�ase inaugurate this request and present the same to any party whose approval may be required. Please let me know whatever can do to assist in this effort. Your attention to this matter will be greatly appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS i r3 r . if . / . . , I September 24, 2008 Honorable Steven Stepniak Commissioner of Public Works, Parks and Streets B' uffala City Hall 65 Niagara Square --- Foam 5012 Buffalo, New York 14202 Dear Commissioner Stepniak: I am the owner of the property at the intersection of Edward and Elmwood, consisting of the former immaculate Conception Church, the rectory, and the school building now used by the Buffalo Board of Education. The short stretch or Edvvtard Street between Vir iiiia ant-I f-Imwood is currently restricted as a one -way thoroughfare heading west. Where is a clear need to change this thoroughfare to allow two -way traffic so that Elmwood can be accessed from the property. Because the property is located directly at the intersection, drivers often exit the property traveling east on Edward for the short distance to Elmwood without realizing that they are going directly against permitted traffic flow. For safety's sake, as well as convenience to the invitees of the property, I would urge you to consider this revision. Please inaugurate this request and present the same to any party whose approval may lac required. Please ice€ rrie know whatever. I can do to assist in this effort. Your attention to this matter will be greatly appreciated. Very truly yours, Ran Alsheimer 1 1 i ° C :sidh.nt PLAZA CROUP ;c: t OUrIr:il Member Brian C, Davis 1207 Delaware Avenue . Buffalo, New York 14209 • P. 716.874.4880 o F. 716.877.9570 City Clerk's Department BUFFALO December 26, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, 1 present herewith the attached resolution item. No. 20 PASSED December 23, 2008 Change in Contract Bailey Genesee Fire Station (Lov) Gerald A Chwalinski City Clerk r i , i %, ,1 V� r, � t uj .. V [j 7. #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 8, 2008 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Bailey Genesee Fire Station [: Construction [: Job #0722 Lovejoy District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT hereby submit to Your Honorable Body the following changes for the Bailey Genesee Fire Station, Construction, General Construction, Rodems Construction Co., Inc., C #93000104. 1. Furnish and install additional steel members as indicated by Add $ 4,271.07 Consultant and City of Buffalo. The foregoing change results in a net increase in the contract of Four Thousand Two Hundred Seventy One and 071100 Dollars ($4,271.07). Summary: Original Contract Amount $3,036,000.00 Change Order #1 Add $ 40,111.71 Amount of This Change Order ( #2) Add $ 4,271.07 Revised Contract Amount $3,080,382.78 Costs have been reviewed by the consulting architect (Chaintreuil, Jensen, Stark Architects, LLP) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in 30320106 445100 - Division of Buildings. SJS /PJM /DAH /dlg cc: Comptroller S. Harvey, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner of Public Works, Parks & Streets Signature of Department Head: Mr. Fontana moved: That the above cotnmUnication from the Commissioner of Public Works, .Parks and Streets dated December 8, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Rodems Construction Co., Inc., an increase in the arnount of $4,271.07, as more fully described in the above cor n for work relating to Job No. 0722, Bailey Genesee Fire Station, C #93000104. Funds for this project are available in 30320106 445100 - Division of Buildings, Passed 20 TAB:rnjv L Awp60kim\Yordl:rmvl2 ©c I2- 23a.doc *AYE* NO * DAVIS FONT-ANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH ------------- [MAJ - 5] 0 [2/3 6 3/4 71 % �t sh 4 . z �OV R C '._,' R k,,... ##1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL, TO, THE COMMON COUNCIL. DATE,: December 17, 2008 FROM: DEPARTMENT: Public Works, Parks &. Streets DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No, xxx, C.C.P. xx/x.x/xx [: B. Fegley & O Req 3 Way Stop [: at Avery & Virgil Avenue (Del) [: Item No. 74, C.C.P. 05/ 13/2008 An investigation by zny department into the need for all -way stop signs at the aforementioned location has yielded the following: :a 4 1) U.S. Department of Transportation Federal Highway Administration Standards state that the occurrence within a twelve (12) month period of five (5) or more reported accidents, would warrant the installation of "multi -way" stop control. Our records indicate that the accident history at this location does not meet this warrant. 2) Stop control already exists in Avery Avenue at Virgil Avenue. Therefore, as a result of this accident history study, and from field observations of the site, we find no justification to install stop signs in Virgil Avenue at Avery Avenue at this time. SJS /PJM /EDS TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak "hYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: (cc I21708averyvirgil.doc) REFER , , COMMITTEE YE ON 0.3 Ill (Rev. 1/93) SIN PAGF, COMMUNICATION TO THE COMMON COUNCIL t� TO: T14E COMMON COUNCIL DATE: December 17, 2008 FROM: DEPAWI'MENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Permission to engage services of Consulting Firm for Citywide Trec Management 2009 [: (City Wide) C. PRIOR COUNCIL REFERENCE: (IF ANY) [: I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide data, complaint and construction management services pertaining to maintenance of City owned trees. The costs for consulting services are estimated not to exceed $179,000.00. The consultant has been chosen using the RFP process and funds are available in the following Capital Accounts; 30311406-445100, 31450106- 445 100 and 30032106- 445100 SJS /JDB Cc: Andrew Santilippo, Comptroller Bill Heinold, Accountant TY DEPARTMENT HEAD NAME: TYP TITLE: SIGNATURE OF DEPARTMENT HEAD: Steven J. Stepniak M.Y. Fontana moved: That the above communication from the Cornmissioncr of Public Works, Packs and Streets dates] Decernbcr 17, 2008 be received and filed, and That the Commissioner of Public Works, larks and Streets be, and he hereby is authorized to hire a consultant to provide data, complaint and construction management services pertaining to maintenance of City owned trees for Citywide Tree Managcnnent 2009. Funds for this project are available in Capital Accounts, 303 1 1406- 44510, 31450106-445 1 00 and 300321.06- 445100. as, 44 ON =AWA N .. 22 'FAB:r,nv `:' wp60\mswordVmv\22cI2- 23a.doc City Clerk's Department BUFFALO December 26, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 23 PASSED December 23, 2008 Perm to Engage Services of Consulting Firm -Rehab Waterline Insulation, Leak Repairs and Replacement- Kensington Expy (Mas) Gerald A Chwalinski City Clerk k. #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 16, 2008 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: WATER SUBJECT: [: Permission to engage services of Consulting Engineer [: for the Rehabilitation of Waterline Insulation, Leak [: Repairs, and Waterline Replacement over Kensington [: Expressway j: Masten PRIOR COUNCIL REFERENCE. (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design, bid, and construction phase services for the rehabilitation of waterline insulation, leak repairs, and waterline replacement over the Kensington Expressway and miscellaneous construction phase services. The costs for consulting services are estimated not to exceed $150,000.00 and the construction cost is estimated to be $1,000,000.00. The funds are available in Division of Water accounts 53210716 445100, 53200696 445100, and 53023517 473020. PJ'M: cmg TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: 1, °1 Ovjzll�'-� v Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 16, 2008 be received and filed and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to faire a consultant to provide design, bid, and construction phase services for the Rehabilitation of Waterline Insulation, Leak Repairs, and Waterline Replacement over Kensington 13xpressway. Funds for this project are available in Division of Water accounts 53210716 44510, 53200696 445 100, and 53023517 473024. Passed. 23 TA13:rmv T:%wp60\niswordi miv123c12- 23a.doc DAVIS * * * * * FRANCZYK * * * _ * * GOLOMBEK * * * _ * * KE * * -----------' * - * * LOCU RTO * * -_-- RIVERA * * * * * * RUSSELL * * * * * MITIA * * * - ' _ �� [P�/\J - 5 ] * �� * 0 * [2/3 ' 61 * * * [3/4 - 71 City Clerk's Department BUFFALO December 26, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item_ No. 24 PASSED December 23, 2008 Handicap .Ramp Within City ROW -682 Abbott Rd (South) Gerald A Chwalinski City Clerk 0 P SINGLE PAG E_ COMA.'" : 0 1A ION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 1212108 FROM: DEPARTMENT: Public Works, Parks & Streets SUBJECT: [:682 Abbott Rd.; handicap ramp within city right of way PRIOR COUNCIL REFERENCE: (IF ANY) Ex. item No. xxx C.G.P. xx /xx /xx NIA Mr.Vincent Fedele, owner of the property located at 682 Abbott Road, has requested permission to encroach city right of way with a handicap ramp at said address (AP# 133061). The proposed ramp would be constructed of concrete, extend 4 feet from the building face and measure 32 feet in length. Six feet of unobstructed concrete sidewalk would remain after installation. The Department of Public Works, Parks & Streets has reviewed this request pursuant to Chapter 413 -59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: That the applicant obtain any an all other City of Buffalo permits necessary for installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the ramp be constructed so as riot to be permanent in nature. 4. That the applicant supply the Department of Public Works with a $5,000 construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said ramp. SIGNATURE DEPARTMENT HEAD NAME: TITLE: SJS /PJM /MGM /kec cc: Dave Grundy, Permits and Inspections St en J. Stepniak Commissioner of Public Works, Parks & Streets t' R b Mr. Fontana moved: That the above communication from the Department of Public Works, Parks and Streets dated December 2, 2008 be received and filed; and That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license" to Mr. Vincent Fedele, owner of 682 Abbott Road, to extend 4 feet frorn the building face and measure 32 feet in length. Six feet of unobstructed concrete sidewalk would remain after installation, subject to the conditions as listed above. Passed. 24 TAB.rrnv t A%yp60\tnswordVinv\24 a 12- 23a.doe *AYE* NO * DAVIS * '� * * * FONTANA RIVERA * * * FRANCZYK * �` RUSSELL GOLOMBEK KEARNS SMITH M LOCURTO RIVERA RUSSELL SMITH [MAJ- 5 1 * * 0 [213 - 6) [ 314 - 7 ] LJ gym. M #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 appointments) or prontotion(s). I further certify that the person(s) narned in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: .a ; c' in the Department of Division of Public Works Streets to the Position of Heavy Equipment Operator Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) PROMOTION Minimum, Intermediate, Maximum, Flat (Insert one) SECOND STEP (Enter Starting Salary) : Starting Salary of $30,344 LAST JOB TITLE Truck Driver NAME Richard L. Ferril LAST DEPARTMENT DPW ' DATE 12108 ADDRESS 16 Race Street LAST SALARY $29,216 CITY & ZIP Buffalo, NY 14207 LAST 4 DIGITS OF SSN. XXX -XX -4466 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 6041 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -073 SALARY RANGE OF POSITION $29,327- $33,392 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Per union contract employee must receive $250 more than last salary. NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 12/17/08 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL -+° 3 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TOO #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) 43 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the I luman Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of ' 1w) t) Public W orks Streets Exterminator Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non - Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) (Enter Starting Salary) : Starting Salary of: $29,604 PROVISIONAL PROMOTION MAXIMUM LAST JOB TITLE Street Worker LAST DEPARTMENT DPW DATE 12108 LAST SALARY $30,373 LAST 4 DIGIT O F SSN. XXX -XX -7171 NAME David LaVango ADDRESS 225 hartwell Rd. CITY & ZIP Buffalo, NY 14216 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 15203001 TITLE CODE NO 2810 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -60 SALARY RANGE OF POSITION $26,458- $29,604 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak ._ 1 TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 1211 7108 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ON/BEFORE_ APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #B- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) FROM THE COMMISSIONER OF POLICE Dec 23, 2008 City Clerk's Department BUFFALO December 26, 2008 HON_ BYRWN W. BROWN MAYOR OF BUFFALO i Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 27 PASSED December 23, 2008 Perrn,to Accept Various Grants and Approval for Interfund Cash Loans Gerald A Chwalinski City Clerk #2 Rev. 1/93 MULTIPLE PACE COMMUNICATION `I'O'I'IIE COMMON COIJNC11, � TO: THE COMMON COUNCIL: DA'I`.E: December 17, 2008 FROM: DEPARTMENT: Buffalo Police Department DIVISION: Grants SUBJECT: [ Permission To Accept Various Grants Awarded To Department Listed Below And Approval For Appropriate lnterfund Cash Loans] ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example ( Item No.xx C.C.P, xx /xxhx ) TEXT: (TYPE SINGLE SPACE BELOW) As you are aware, the Buffalo Police Department continues to be successful in securing grant funding through various sources. We have received official verification and confirmation from the County, State and Federal Governments as to these awards. Therefore, in order to keep within the practices of our grant processing, especially in this time of critical need for funds, we are asking permission from your Honorable Body and Buffalo's Fiscal Stability Authority for the Mayor to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an interfumd cash loan for all non- personnel expenses until such reimbursements are secured by the funding source (County, State, "Feds "). We have listed the amounts under each identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant programs. As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the next meeting. NYS MOTOR VEHICLE THEFT/INSURANCE FRAUD PREVENTION GRANT We are asking for authorization for the Mayor to enter into a renewal agreement between the City of Buffalo and the Department of Criminal Justice Services under the State's Motor Vehicle Theft and Insurance Fraud Prevention Program for the period 01 -01 -09 through 12- 31-09. We have been awarded $125,600 and the expenditures under this grant project will cover reimbursement for a Detective's position as it relates to the incidence of automobile thefts and correlated crimes (including overtime, if applicable), training expenses, equipment (air cards and related software), overtime expenditures for patrol officers involved in regional auto theft task force efforts. We are requesting an interfund cash loan for all non - personnel expenditures (training /equipment expenditures pertinent to this initiative) until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. Fhere is no City Match involved with this grant. 92- Page 2 (Rev. 1/93) page # 2 TEXT CONTINUATION: (TYPE SINGLE BELOW OPERATION PROTECT KIDS _(CIGARETTE GRANT) — We anticipate the annual renewal of this grant as awarded to the County of Erie under the New York State Department of Health's Youth Tobacco Enforcement and Prevention Grant; this initiative will run through September 30, 2009. Under this renewal agreement, the County will reimburse the City of Buffalo the sum of $45.00 for every completed compliance check of merchants who sell tobacco products. Using underage operatives as decoys, compliance checks have been conducted to see if active enforcement of New York State Public Health Laws reduces the availability of tobacco products to children. Another focus of this project has been to educate local business owners with licenses to sell tobacco products as to the law, and how this law must be enforced. Merchants who have been found violating this law and allowed the operative to purchase tobacco products, are to be subjected to penalties imposed by the /Health Department, which may include fines. The City of Buffalo will receive 50% of any fines levied in order to continue the efforts to reduce tobacco sales to minors. 2009 BULLET PROOF VEST REIMBURSEMENT: Through its Department of Police, the City is entitled to receive up to 50% reimbursement, which in turn will then be prorated between $40,000 and $80,000, for the authorized purchase of bullet proof vests that comply with the requirements of the Office of Justice Programs' National Institute of Justice. Reimbursement is handled online and the City will receive a direct payment once proper reimbursement steps are electronically initiated. OPERATION IMPACT V : The Buffalo Police Department is respectfully asking for authorization for the City to accept funds, totaling $833,500, from the NYS Division of Criminal Justice Services as part of Operation Impact Year 5 covering the grant period of 7/1/08 through 6/30109. Operation Impact is part of a comprehensive strategy in New York State to reduce violent crime involving gangs, guns and drugs through integrated anti -crime teams. Buffalo's strategy includes coordination with federal (ATF, FBI, DEA, US Marshal) state (NYS Police) and local law enforcement (Buffalo Police, Erie Co. Sheriff Dept, Central Police Services, NFTA, Housing) as well as Probation, Parole, the US Attorney's Office, and the District Attorney's Office. This year, awards were competitive throughout NY State, and also, the State will reimburse the City of Buffalo directly for the $833,500; there is no match associated with this grant. The funding award will be utilized for reimbursing a Police Officer's Salary /Fringes; 3 Report Technician Salaries /Fringes; the Salary /Fringes of a Crime Analyst; partial Salary /Fringes of the GREAT School Resource Officer; Overtime for Tactical/Strategic /Planning Operations; Overtime for Tip Line Coverage; Overtime for Field Intelligence in all 5 Districts; Overtime for Violent Felony Warrant Squad Participation; community service projects (St Brigid /Columba, Explorers OMEGA Youth Mentoring) to work with young people fostering positive activities that deal with the myriad of problems they face with an emphasis on self= love, self - knowledge, self - development and responsible citizenship; Equipment that includes 2 canine dogs and an additional surveillance camera; supplies for regional crime analysis center; training and staff development funding; subscription to crime net services and finally, utility services involved with the installation of air cards within patrol vehicles. #2- Page 3 (Rev. 1193) page # 3 TEXT CONTINUATION: ( TYPE SINGLE SPACE BELOW) GOVERNOR'S TRAFFIC SAFETY (YEAR 13) - Once again, the City Buffalo has received grant funding, totaling $34,560 under the Governor's Traffic Safety Grant Program through our participation with the County of Erie's Governor's Traffic Safety Regional Planning Committee. Through this project, a heavy emphasis is being placed on general safety by addressing speed enforcement and aggressive driving behaviors that have been determined regionally by this committee as a major problem (whereby the City of Buffalo is represented, as are the surrounding suburbs). Under this year's grant, we have requested reimbursement for overtime for the Traffic /Accident Investigation Unit to specifically pursue and address speedingiaggressive driving behaviors in identified trouble spots. Also this year, we h asked for and received funding to purchase the new, mandatory high visibility public safety vests for our Traffic /A.IU Units. Again, there is no City Match attached to this grant. We are asking for an interfund cash loan in the amount of the $1,760 for the vests, since it is a non - personnel expenditure until such time that reimbursement is secured from the State. The interfund loan would then be repaid from the reimbursement that is sent to the City from the State under this grant project. URBAN AREA SECURITY INITIATIVE (UASI).YEAR 6 As you are aware, the City of Buffalo, County of Erie, and Niagara County have been awarded grant funds for a sixth (6"') year (2008 funds) under the Urban Area Security Initiative(UASI) from the US Department of Homeland Security for urban area security and homeland preparedness, totaling $5,306,000. Also, as you know, each year this region has been cut and fortunately for Buffalo again this year, are not on sustainment, which means, if that had happened, we would have been completely cut -off from UASI funding. The City of Buf'falo's share of funding is a total of $1,854,090; the County's share is $1,568,695; Niagara County's share is $822,015, and New York State receives 20"/x,, or $1,061,200. This year, all three entities had to contribute a share of approximately $8,300 plus in order to participate with a joint initiative with Monroe County /City of Rochester for a regional specialized incident emergency management team. This team will be activated instantaneously during an all- hazard emergency and will be dispatched throughout the State upon activation from the New York State Emergency Management Office to assist at Emergency Operations Centers that are open more than 24 hours during large scale events (i.e., October Storm). Buffalo's share of these grant dollars will continue to fund the City's homeland security coordination, interoperable communications equipment for both Police /Fire, citizen preparedness activities and training, security equipment upgrades (including fast boat for Buffalo Fire, bear cat for Police's CBRNE SWAT rescue team, critical infrastructure reinforcement within City facilities, training /exercise funds, staff development /instructional funding to attend mandatory homeland security training. Again, we are asking for permission for the City to accept this award, and also, authorization for an interfund cash loan covering all non - personnel expenditures should the need arise. The loan would then be repaid as the reimbursement is sent from the State under this special initiative. This particular grant application process has been very long and bureaucratic with the State and the processing of this grant information has been difficult due to the complexity of the different entities involved, the fact that the City now has three (3) UASI grants running simultaneously. M2- Page 4 (Rev. 1/93) page # 4 TEXT CONTINUATION: ( TYPE SINGLE SPACE BELOW GREAT (Gant Resistance Education And Training) —The City of Buffalo has been awarded $22,000 (an increase of 2 %) to participate in the GREAT Program. This program instructs middle /high school students as to the dangers of gangs through education and prevention strategies, and which will tie into the Department's Operation IMPACT V Grant. The funding is broken down as follows: $14,987 will cover 25% base salary of one SRO assigned to GREAT training, in addition $4,668 will be utilized for promotional supplies supporting GREAT activities (T- shirts, water bottles, pencils, class materials, etc.), and $2,345 for required training, especially to train another School Resource Office to be able to train. In addition, again this year, there is a required Ci match of 10 %. The Police Department will be covering $3,619 of the SROs fringes as result of participation under this grant. We are asking for an interfund cash loan in the amount of the $7,013, which covers all non - personnel expenditures until such time that reimbursement is secured from the Bureau of Justice; we are not seeking an interfund loan for any personnel reimbursement. The interfund loan would then be repaid as the reimbursements are sent to the City from the "feds" under this grant project. 2008 COPS TECHNOLOGY GRANTS $1,374,891): Due to the diligent efforts of City management working closely with our State and Federal leaders in asking for 2008 federal car - marked appropriations, the City of Buffalo Police Department has been the fortunate recipient of the following COPS Technology Grants: 907241 --- As part of the City's anti -crime wireless video surveillance camera network and in order to enhance the current camera system already in place, Buffalo Police will purchase additional cameras as we continue to respond to the community's need for safety, security, and homeland security protection as these cameras will augment patrol officers' problem solving abilities within our five (5) police districts. These additional cameras, approximately between 20 and 25, dependent on the cost considering the various locations, polecams in place, backhaul equipment necessary, etc, will support the work of our police department by serving as a deterrent to violent crime, as well as an enforcement tool. The cameras will also serve as a visible means for enhancing the safety of residents living in Buffalo, improving their quality of life and the economic vitality of the City. Cameras will be strategically placed in crime "hot spots" including the theatre and entertainment district, high -risk violent crime areas, Weed & Seed areas, on the International Railroad Bridge, and around the international border area between the United States and Canada (within the City of Buffalo). Because this opportunity supports the existing camera surveillance system, moving forward, we anticipate that cameras will be installed citywide, including coverage in a majority of the City's business sections in each of the five police districts. $467,650 - To purchase a gunshot location system and related software, which will interface with our city -wide anti -crime video surveillance system as we respond to the community's need .for safety, especially when it comes to gunfire and shootings within the Buffalo metro area. The "shot spotter" has the ability to interact with existing camera surveillance, and in order to further protect the community, to support local law enforcement efforts for combating gun crime, and for analyzing the true extent of gun crime in an affected area, the "shot spotter" will enhance Buffalo Police's response to gun calls, potentially saving the life of victims, and even stepping up our 2-Page 5 (Rev. 1/93) page # 5 ir,Xt CONTINUATION. - (TYPE 5iivGLx,SI'E= siTisEfi,i,.vi'j chances for making an arrest. We will be able to purchase a system that covers one square metro mile. The gunshot detection system will consist of a minimum of three (3) specialized wireless sensors, which are equipped with up to four (2) small microphones in order to cover the one square metro area, as well as GPS software and spatial filters. Again, these funds will greatly benefit our community and bodes well for the City -at- large. POLICE REIMBURSEMENTS - Also, for your information, the Buffalo Police Department will be securing reimbursement from the DEA for overtime worked by 3 dedicated Detectives assigned there (approximately $48,986) on drug cases, along with reimbursement from the FBI for any overtime worked by the Detectives assigned to the Joint Terrorism Task Force, the Safe Streets Task Force, and the Cyber Task Force, which to date, will not exceed an additional $48,986. We will also secure reimbursement from the US Marshal's Office for approximately $11,305 for their "rolling thunder" search warrant executions. In addition this year, we have Detectives assigned to the US Marshal's Violent Felony Warrant Squad and will be reimbursed up to a maximum of $32,658 for overtime expenditures; along with reimbursements coming from our Department's participation at US Customs (approximately $15,000); Regional Crime Forensics Lab (approximately $16,328); New York State Police "Spider" Operations through Department of Homeland Security (approximately $5,000); joint Organized Crime Drug Enforcement Task Force Operations with both the DEA and FBI (approximately $40,000). Again, we are asking for permission for the Mayor to accept all of this funding, and in addition, and where applicable, authorization for an interfund cash loan covering all non - personnel expenditures should the need arise. We try to secure all the required grant information in a timely manner, however, the reality is that is always not possible, and as a result, we find ourselves in a position of having to process things, such as this request, extremely quickly in order to follow our own governmental procedures. We need your immediate approval due to the various timetables, and also, we are presenting this to the Control Board at their next meeting, which we cannot do until we secure your approval. If you have any questions or require further clarification of the above, please contact Inspector Joseph Strano at 851 -4879 or Captain Mark Makowski at 851 -5643. Thank you for your immediate attention to the above. HMeCG:BCL:mao TYPE DEPARTMENT HFAD NAME: H. McCarthy Gipson by Byron C. Lockwood TYPE TITLE. Commissioner of Police ky 1" Deputy Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: Mr. Fontana moved: That the above communication from the Commissioner of Police dated December 17, 2005, be received and filed; and That the Mayor be authorized to accept the various grants awarded to the departments listed above and approval for appropriate interfund cash loans. Passed. 27 TAB : rmv OwpWinsworAmvU7c 12- 23a.doc 1 *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMSEK * KEARNS LOCURTO RIVERA RUSSELL SMI'I'IJ [ MAJ - S ] * * 0 [2/3 - 5 [3l4 - 7] 4 1 FROM THE CORPORATION COUNSEL Dee 23, 2008 City Clerk's Department BUFFALO December 26 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 28 PASSED December 23, 2008 Lease Agreement Btwn Buffalo Naval Park and COB Gerald A Chwalinski City Clerk J COMMUNICATION TO "l HE COMMON COUNCIL TO: THE COMMON COUNCIL PROM: DEPARTMENT: DIVISION LAW Dale: December 18, 2008 CORPORATION COUNSEL SUBJECT: Lease Agreement between Buffalo Naval Park Committee, Inc. ( "Naval Park Committee ") and City of Buffalo for the Redeveloped Buffalo Naval and Servicemen's Park PRIOR COUNCIL REFERENCE: None The Naval Park Committee has operated, maintained and managed the Buffalo Naval and Servicemen's Park for the City of Buffalo since at least 1982. Since 1982, the Naval Park Committee has also played a central role and has provided informed leadership in guiding the Naval and Servicemen's Parks through many positive changes, including but not limited to the recent relocation of the Naval Vessels and completion of the newly installed "I leroes Walk" and renovated "Veterans Park" areas of the Naval and Servicemen's Park. Attached for your consideration is a Lease agreement which formalizes these important and mutually beneficial. Naval and Servicemen's Park operational, management and maintenance arrangements. Previous written arrangements for the Naval Park Committee's operation of the Naval and Servicemen's Park have expired long ago. The basic teams of the proposed Lease agreement provide for a 10 year term starting as of December 1, 2008. No lease term renewal options are provided for. Rent is $10.00 per year. City is responsible for capital repairs to the new Museum building, gas utility costs and 90% of the electric utility at least through the first 2 years of the 10 year Lease term. The gas utility is approximately $8,000 per year. 90% of the electric utility is approximately $130,000 per year. No capital repair needs are currently anticipated as the Museum building is new. The Naval Park Committee is responsible for keeping the restrooms in the Museum building open to the public free of charge during; operating hours and for all water bills (water is now $5,500 per year), all refuse trash pickup, maintenance /repair of the vessels /artifacts, snow removal/grass cutting /brush removal and general liability insurance. After year 2 of the Lease, all operations of the Naval Park will be reviewed with an eye towards shifting the full electric utility cost, the gas utility cost and capital repair costs to the Naval Park Committee. In addition, after the second year of the Lease, the Naval Park Committee agrees to pay percentage rents to the City in an amount equal to 10% of net operating; revenues. I am requesting that your Honorable Body authorize the Department of Law to execute a Lease agreement in substantially the same form and substance as attached to this communication, with only such clarifications and modifications as recommended by this Department in conjunction with finalizing the final form of the Agreement with the Naval Park Committee and their Counsel. I am further requesting that your Honorable Body authorize my office and /or, `3 other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the Lease agreement in its final form. Department IEead Name Alisa A. Lukasiewicz Title: Corporation Counsel SIGNA'T'URE; OF DI PAR`hMEN"f HF,AD L 4 �� 9 /} I , c�.71 c �i- Jc -. k�4.) Ci. G•v •� t.cL - (.. `L l.af -[lJ�E )'cZi E; .�� -t,l c.' F ✓�, �� r�r :'� c ar. ri � �kt ✓ , x ti�r . �y�� i F F / LEASE Dated as of December 1, 2008 BETWEEN THE CITY OF BUFFALO, a municipal corporation (hereinafter called the "City ") having an office at City Hall, in the City of Buffalo, State of New York, AND BUFFALO NAVAL PARK COMMITTEE, INC., a not -- for -profit corporation (hereinafter called "Tenant "), having an office for the transaction of business at 1 Naval Park Cove, in the City of Buffalo, Mate of New York. Whereas, by contracts numbered N00024 -77 -C -0202 and N00024 -77 -C: -0203, both dated June 1, 1977 and N00024 -78 -C -0211, dated August 15, 1978 and N00024 -88- 0O206, dated November 4, 1988 (hereinafter referred to as "Donation Contracts ") between the United States of America, represented by the Department of the Navy and the City (and or The City Of Buffalo Urban Renewal Agency or "BURA "), the following named vessels - THE SULLIVANS (ex DD -537), LITTLE ROCK (ex CG -4), SUBMARINE CROAKER (AGSS -246); the Fast Patrol Craft (Ex- PTF -17), and two Fighter Jets (SDA0222) (hereinafter referred to as the "Vessels "), were transferred to the City subject to certain terms and conditions as set forth in the Donation Contracts, copies of which said Donation Contracts are attached hereto as "Exhibit A" and incorporated herein; and [fit Whereas, the City has set aside certain land on the waterfront, in and adjacent to or otherwise near the Buffalo Harbor, for the purposes of mooring and or otherwise respectfully displaying said Vessels, the erection of a new museum building, and for making open and available to the public other buildings, display areas, displays, artifacts, memorabilia and other items relating to Naval and Military history, as well as a "Veterans Park" and "Hero's Walk" area, with monuments, all now collectively and commonly known as the Buffalo Naval and Military Park (said land together with any improvements, structures, displays or exhibits now or hereafter located thereon, is hereinafter sometimes collectively referred to as the "Park "); and Whereas, said land is�more fully described and is depicted and shown on "Exhibit B" annexed hereto and made part hereof; and Whereas, the Tenant:is desirous. of leasing said land and maintaining, displaying and operating the Park in accordance with the terms and conditions hereof and in accordance with the Donation Contracts; and Whereas, the City is willing to permit the Tenant to lease said land and to assume the City's (and or BURA's) duties, responsibilities and obligations under the Donation Contracts, subject (in the case of the Donation Contracts only) to the approval of the United States of America, represented by the Department of the Navy; Now, therefore, it hereby mutually agreed as follows: PREMISES The land, buildings and Vessels (said Vessels being; subject to the Donation Contracts), all being commonly known as the Buffalo and Erie County Naval and Military Park ( "Naval Park ") together with Veterans .Park and Heroes Walk, all hereinafter sometimes collectively referred to as the "Park ", are more particularly described as follows and as depicted on "Exhibit B" attached hereto. The Premises are described as including the Naval Museum Building Parcel on the southeast side of Commercial Street together with the City's land situate on the north side of the Buffalo River and on the south side of Marine Drive, between the southeasterly line of Erie Street and the northwesterly line of Commercial Street. Also included is the right and obligation of the Tenant to maintain the Vessels now situate in the Buffalo River in their current positions. The City agrees to lease to the Tenant the above described Premises, subject to the following; additional conditions: TERM 1. The term ( "Term ") of this Lease Agreement shall be for ten (10) years, commencing; as of the 1 sc Day of December, 2008, and ending the 30th Day of November, 2018. INSURANCE /INDEMNITY 2. The Tenant agrees to provide and keep in force, during the term of this Lease, Liability Insurance in the amount of not less than One Million ($1,000,000.00) Dollars bodily injury per person, Two Million ($2,000,000.00) Dollars multiple bodily injury (aggregate) naming the City as an additional insured. A certificate of said insurance shall be submitted to the City on or before the date of execution of this Lease by Tenant. Tenant shall also keep in full force full replacement property damage insurance as required by the City (naming City as loss payee) as well as any workers compensation insurance required by State law. 3. The Tenant -shall and does hereby defend, indemnify and bold harmless the City of Buffalo, their officers and employees, from any and all damages, claims, suits, actions and costs because of bodily injury or sickness, including death, sustained by any person or persons, and from damage to, or loss to, any property including loss of use thereof, arising directly or indirectly out of the use of the Premises or subject parcel of land and or caused by negligence of the Tenant, its employees, servants, subcontractors and agents. I 1 RENT /UTILITIES/MAINTENANCE 4. The Tenant shall, commencing as of December 1, 2008, pay to the City an annual base rent of Ten dollars ($ 10.00). In addition to base rent, the Tenant shall (commencing after the second full year of this Lease) pay the City an annual percentage rent equal to 10 % of the net revenues of the Park operations, net revenues being defined as revenues remaining after deducting grants, donations and operating expenses, as determined by Tenant's annual audit conducted by an independent CPA firm (currently, Lumsden & McCormick, LLP). Percentage rent is due and payable July 31" of each year. 5. Throughout the Term of this Lease, the Tenant shall be responsible for and shall maintain as well as repair (both ordinary and capital repairs) the buildings, grounds, Vessels, monuments, military and historical artifacts and all other items on display at the Park, and shall indemnify the City against any claim or damage thereto. Maintenance of the grounds includes but is not limited to snow and ice removal from walkways as well as grass cutting, brush removal and general garden and landscaped area maintenance. Notwithstanding the foregoing, the 'Tenant shall not be responsible for capital repairs during the first 24 months of the term of this Lease, Thereafter, Tenant's capital repair responsibilities and obligations are capped at $10,000 for each capital repair. 6. A) ' For the first 24 months of the Term of this Lease, the City shall be responsible for all sewer usage charges and for the maintenance of any electrical utilities and electrical systems, and all street lighting to the Park as well as for all capital repairs to and as required at the Park. B) For the first 24 months of the Term of this Lease, the electric utility costs shall be shared by the parties with ninety percent (90 %) paid by the City and ten percent (10 %) paid by the Tenant, For the first 24 months of the Term of this Lease, City shall pay the natural gas bills for the Museum building. C) Tenant agrees to pay all water charges at the Premises. I 7. Throughout the term of this Lease and any extensions, the Tenant shall maintain all the landscaping, pruning of trees and the grassy areas within the Park, and Tenant shall also be responsible for the proper removal and disposition of aII refuse for the entire term of this Lease and extensions, however, the City shall be responsible for maintenance of Commercial Street. The Tenant hereby expressly agrees to assume the duties of the City (and or ofBURA) under and pursuant to the Doiiation Contracts as well as under any other similar such contracts as shall arise during the term of this Lease. Notwithstanding anything contained in this Lease to the contrary, it is expressly agreed and understood that the City's obligations as set forth in paragraphs numbered 6 A) and 6. B) of this Lease shall be reviewed after the first 24 months of the Term of this lease. During the first 24 months of the Terre of this Lease, Tenant and the City shall review the Park related electric, sewer usage and natural gas related costs and charges along with all capital repairs in an effort to arrive at a level of conservation and efficiency as shall enable Tenant to takeover all such responsibilities. Given the uncertainty. of the financial stability/self-sufficiency of the Park and the uncertainty surrounding the ability of the Tenant's operations at the Park to stand on its own, it is specifically agreed that during the first 24 months of the Term of this Lease that the City and the Tenant will closely monitor the financial operations /income /expenses at the Park with an eye towards revisiting and renegotiating the terms and provisions of this Lease at the 2 year mark as to certain operational /fiscal matters such as: A) utilities /expenses B) capital and ordinary repairs /maintenance C) other operational expenses D) fundraising efforts /results F) gr ant funding procurement F) operational income G) overall operations of the Park ti In the event that the City determines that the operational measures are adequate but that funding /incorne'is nonetheless insufficient to permit the Tenant to take over the obligations /costs /expenses as outlined in paragraphs 6. A) and 6. B) above, then the City and the Tenant agree to renegotiate Tenant's obligations, in good faith and in accordance with Tenant's ability to assume such obligations /costs /expenses, . 8. The 'Tenant shall not assign any interest in this Lease agreement, and shall not transfer any interest in same (whether by assignment or novation and or subletting in whole or in part) without the prior written consent of the City. 9. Tenant shall, notwithstanding anything in this Lease which could be construed-to the contrary, permit no- charge free public access to the restrooms in the museum building during museum operational hours. In the event that City extends the hours of public access to the restroorns beyond the museum's normal hours of operations, Tenant shall not be responsible for the additional custodial /security costs associated with the extended restroona hours and City shall. absorb the additional custodial /security costs associated with the extended restroom hours. MISCELLANEOUS 10. At the termination of this Lease Agreement, the Tenant shall remove all its belongings (but not permanent improvements) from the occupied area and repair or replace, to the satisfaction of the City and otherwise return the property to its original condition. In the event that Tenant defaults in the performance of any "Tenant obligation under this Lease, the City shall have the right to terminate this Lease upon issuance of a written notice of default to Tenant and the Tenant failing to cure such default within thirty (30) days after Tenant's receipt of the notice of default. r ) 11. Any and all revenues generated by the Park during the terin of this Lease from whatever sources, shall be the sole and exclusive possession of the Tenant, subject however to Tenant's obligation to pay percentage rents to the City as set forth in this Lease. Tenant shall not have the right to charge the public any entrance fee to any area of the Park except for entrance to the Vessels, the Naval Museum and the Superyard parcel. The public shall have access free of charge at all times to all sections of the Park except for the Vessels, the Naval Museum and the Superyard. 12. Capital repairs to the Park shall be defined as all repairs of a structural or significant nature, to any buildings, grounds, monuments, roadways, walkways and the like. 13. Any notice to be given hereunder shall not be effective unless it skull be served by mailing such notice by registered or certified mail, postage prepaid, return receipt requested, addressed as. follows or addressed as either party may from time to time designate by notice given in like manner: To the CITY: City of Buffalo City Hall 65 Niagara Square To the COMMITTEE: BUFFALO NAVAL PARK COMMITTEE, INC. One Naval Park Cove Buffalo, New York 14202 Buffalo, New York 14202 THE CITY OF BUFFALO BUFFALO NAVAL PARK COMMITTEE, INC. M. MAYOR APPROVED AS TO FORM ONLY C45oration Coum re! STATE OF NEW YORK } COUNTY OF ERIE ) SS.: CHAIRMAN On the day of December, in the year 2008, before me the undersigned, a notary public in and for said state, personally appeared , personally known to me or proven to me on the basis of satisfactory evidence to be the individual(s) whose- name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature(s) fln the instrument, the individual(s) or the person upon behalf of which the individual acted, executed the instrument. By Notary Public STATE OF NEW YORK ) COUNTY OF ERIE ) SS.: On the day of December , in the year 2008, before me the undersigned, a notary public in and for said state, personally appeared personally known to me or proven to me on the basis of satisfactory evidence to be the individual(s) whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual acted, executed the instrument. Notary Public Exhibit A K t DEPARTMENT OF THE NAVY NAVAL SEA SYSTEMS COMMAND WASHINGTON, D.C. 24362 CONTRACT N00024- -77--C -0202 FOR THE DONATION OF THE SULLIVANS (ex . DD 537) IN REPLY FEVER To THIS CONTRACT, entered into this 1st day of June 1977 by and between the UNITED STATES OF-AMERICA (hereinafter call6d the "Govern- ment "), represented by the Department of the Navy, acrd the City of Buffalo, New York (hereinafter referred to as the "DU NEE "), represented by the Bu.ffal�,6 t3rban Renewal Agenc WLTNESSETH: WHEREAS, the Act of August 10, 1955 (F.L. 1028, 84th Congress), 10 . U.S.C. 7308, authorizes the Secretary of the Navy to transfer by gift or otherwise, on terms prescribed by hiui, any obsolete vessel.of the Nagy to any State, municipal corporation of the United States, or any cor- poration. or association whose Charter denies .it the right to oper for , rofit; and TMEREAS, by an Act of the New York. State legislature, Section 6.39 of Article 15 -B of the Genera._: 11-- nicipal La:: (Laws 1966, Chapter 306, Sec. 1} the Buffalo Urban Renewal ,agency was created as a CFrporate Governmental Agency and pursuant to Sec. 55' of the Ceneral Municipal Law has the power to acquire historic vessels as part of ':he City's maritime museum. WHEREAS, the DONEE has applied for donation of the *,solete des - troyer ex THE SUL.LIVANS (ex DD 5 ) (hereinafter called the "Vessel ") and has indicated its intention to preserve and exhibit. the Vessel; and WXREAS, the DONEE ag -ees and u€rderta'nes the oj,igation to nake and ke:: p the Vessel .safe a- nre- �zit able for 6u "lic ex' = i :dt!c3n and inspection, at no expense rnmert an` 1;' EREAS, pursuant .to 10 L _ _C 7308, of -the prop( -:;e trans - fer has been duly sent to the c` T2�S� slat calendar, dais of `Contin uous =� sion have beer, exp`':ed 7.. -e then, and no rescl 'ion bas been passe: _ the Congress s_utir,.7 s�bstace that it does not favor the nroposed t ansfer. THEREFC ^E, the uG:e .,[ agrees to transfer the V sel to the DONEE: and the DONEE agrees t:. a rent: the Vesswil subject to the following terms and conditions: •ti s.° 3. The Government shall, subject to the provisions of paragraph 5, (i) deliver the vessel to the DONEE at the Inactive Ship -Maintenance and Storage Facility, Philadelphia, Penn sylvan in urn ah "as is, where is" basis and without warranty of any kind, and (ii) notify the DONEE of the delivery date sufficiently in advance thereof to enable the DONEE to make necessary arrange meats for acceptance of delivery. 2. The DONEE.sha (a) Accept the Vessel delivery by the Department of the navy„ (b) -Not activate or permit to be activated any system aboard the Vessel for.the purpose of navigation or movement of the Vessel under its own power: (c) Establish the Vessel, on a non-profit basis, as a public memorial /museum only and exhibit at a suitable site in the harbor of the City of Buffalo, New York, and maintain . the Vessel in such a manner .that ..it ..(i)..w_W not cast discredit. upon:.the;'Navy ox .upon the dit"zonn of.- t s 7hi storic Vessel and 1i w) not �allosa .the Vessel to`.b com menace t,o; navi.gation, p6blid -health or `safety . (d) Maintain the Vessel 4r, co sati to t he Department of the Navy, To that end the DONEE shall znstal — not later than 30 July 1978, a permanent mooring arrangement acceptat�le to the Davy Pending completion of the pe.r*-..anent based mooring arrangement, temporary mooring of the vessel, shall be in a manner and at a site acceptable o -_ze Navy. The maintenance obligations assumed by the DONEE shall include but shall not be limited V' to (i) t perfo rmance of all necess painti and }> c leaning of exterior �sc,rfaces and interior compartments and passal;eways _open to t he Publici (ii.) the provision and e in a ll p�#! is a� staaces of such handrails, warning sib. :.s, fire protection, lighting and ventilation systems ar.�- :_,the.r safety devices as are neces — sary to insure the s4 =: o -, the vi siting poa.;i c 'and o f 'amain- , tenance personnel a�oa the Vessel; (iii) the.-assurance of the warenigh "t "inteC,- It3 _r. ` the ;:Mill while ".the Vess.e is ..aflo (iv) she provision a : __m aintenance of sa and eff .ci.en means o f access and egress, (v) *e prnvlsion and maintenance r<< of suitable sanitary _z. nilitles, f or visitors; and (vi) such other safer and main work as e overnment may determine to be reasonz'D y necessary, all t e o a..gation hereunder shall be .perms cored by th e �DONEE -a i _ xm expense and without reimb r' s.., . or contrib'uti.on by the Government. All work performed hez_ under shall be subject to the approval of the Coru�.andant 'Third Naval District, Fourth Naval District Headquarters, hx a ele tea, ennsv_ van a 14112; : 2 ' (e) Procure and maintain, at its own expense without reiMh«rse- --• ment or contribution by the.Government, from and after the delivery of the Vessel, Broad Form Towers Liability insurance _ including 'Tower's negligent damage to the Vessel during any tow, and Marine Hull and Protection and Indemnity liabilities - insurance all in an amount not less than $150,000 to cover the Vessel so long as the Vessel is waterborne. Upon completion of the permanent mooring arrangement the DONEE may substitute for insurance not less than $150,000 of Fire and Extended Covet age insurance including risks of vandalism and malicious ° mischief and third party bodily injury liability insurance in an amount not Jess than $300,000 per occurrence. Such insurance shall at all times protect the United States Government its agents or employees, from claims result - ing or alleged to have arisi:n'from. fault, negligence, wrongful act or omission of the Government, its' agents or instrumen- talities or -their agents or employees in berthing, preparation for use, repairing or any other use, and.shall, as to form and insurers, be subject to the'approval of the Insurance Section (MAT 024N) Naval Material. Command, Department of the Navy, Washington, D. C. 20360. (f) present'evidence satisfactory to the Government that, prior to delivery of.the Vessel, the DON financial me'ans._necessary_.t.o assure acce "pl.ish6a ht of all the ob.ligatidn6 - ereun er. , (g) Prohibit members of the general public from visiting aboard the Vessel prior to the accomplishment of all work neces- sary to make the Vessel safe and presentable for ppblic inspection, except as zlay be authorized by the Navy Depart -went. (h) 'trot. transfer or otherwise dispose ;of. the Vessel or any part thereof or any interest therein without the prior consent : of the Secretary of the Navy or his duly authorized representa- tive., (i) Indemnify and hold harmnl ess'• the :Uni.ted' States Government, i6s agents,' o employees. against ail "suits, actions, claims, costs, fees and demands, (including without limitation suits, actions, claims, costs,fees and demands for death, personal injury or prdDerty damage) to which the Gov =rn - ment, its agents or it- =trusentalities, or their agents or employees, may be subject by reason of damage or injury Uncludi.ng death) to the property.or person of anyone ' resulting or alleged to have arisen or resulted from the fault, negligence, wiongful act or omission of 'the Government, its agents or instrumentalities, or thci7r agents or - employees, in the berthing, preparation for use, repairing, restoration or any other use of the Vessel originating after delivery of the Vessel to the DONEE. (I) -Corpl.y with all Federal, State and ;oval laws and regulations in being or that may be hereinafter enacted or issued and -: relatin- to �, p tertian of th "e envrnnment' 3.. Non- Discrimination - (a) The DONEE acknowledges that it has executed and furnisher -. to the Government representative of this Contract, Navy Form NAVSA 5350/1 (11 -71) "Assurance of compliance with .�. the Department of Defense Directive under Tide Va of d the the Civil Rights Act of 1964," and that .it has read explanation of the Department of Defense accompanying said Navy forts; that all sanctions imposed and actions taken as a result of non - compliance therewith shall be ' in- .accordance with DOD Directive 5500.11, dated December 28, 1968, "Non-Discrimination in Federally Assisted Programs." 4. . In the event that the Vessel is Lost or destroyed prior . to the time of transfer, by fire, shipwreck, act of Providence' or of a foreign power by any ether means whatsoever, whether by negligence on the part of the Government, or not, this - Agreement shall become void, and of no effect. 5. Upon delivery to and acceptdnce by the DONEE, title to the Vessel shall vest in the DONEE and title shall remain in the DONEE until transferred under article 2 (h) or Article. 9 of.this contract. 6. The Government shall not be liable to the DONEE in any manner whatsoever for damages or otherwise on account of delayed delivery or non - delivery of the Vessel or for any other reason.. '- 7. No expense shall result to the Government as a "consequence of -the transfer of the Vessel to the DONEE or as a consequence of the terms and conditions prescribed hereunder. 8. Except as otherwise provided in thus contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be.decided by the Commander, Laval Sea Systems Command, who shall reduce his decision to Writing and mail or otherwise fur .a copy thereof to the DONEE. the decision of the Commander, Naval Sea Systems Cor-nan.d shall be final and conclusive unless, - within 30 days from the date of the receipt of such copy, the DONEE ms or otherwise furnishes to the Commander, Naval Sea Systems Couuaaad a written appeal addressed to the Secretary. The decision of the Secretary or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been. fraudulent, capricious,, or arbitrary, or so grossly,erroneous'as necessarily to imply bad faith, or not supported by Substantial evidence. In connection with any proceeding under . this clause,. the, DONEE shall be- afforded an opportunity to be heard and to offer evidence in -support of its appeal. Pending final decision of a dispute hereunder, the DONEE shall proceed diligently with the performance of the contract and in accord ante •tii.th the decision of the Commander, Naval. Sea- Systems Command. 9, overnment may, dur.n a national- emergency, request T UQNEE to re urn t..- and the DONEE s al , if an w en requested to do so, return the essa to e o ernm;entd In the event the DONEE, or their assigns, shall fail, to perform, the obligations assumed under this Contract, the Secretary of the Navy or his duly authorized representative may terminate -- . this Contract, provided That. written notice to terminate, specifying the par ticulars..wherein it is claimed that this Contract has been violated, is transmitted, by registered mail, to the DONEE. The DONEE shall have ninety (40) days from receipt of'the above- - mentioned written notice to cure the violations.or deficiencies set forth in saild notice. If, at the end of such time, it appears to the Secretary of the-Navy, or his duly authorized representative, that the same have not been cured, then the Contract shall be deemed to be terminated, in which event the DONEE shall forfeit to the Government any and all rights it may have - in - the Vessel, including any improvements Made to the Vessel by the DONEE. as the Secretary.of the Navy or his duly authorized representa° tive may decide, and shall transfer title to the Government if the Secretary of the Navy his duly authorized representa- tive so directs. 10. The term "Government" as _'represented by the Department of the Navy means, the Secretary, Under Secretary or•Assistant Secretary of the Navy, the Commander, Naval. Sea Systems Command, and any other duly authorized representative, acting -within .the limits of his authority, that the aforedesi.gnated officials may appoint. • r shall be final and conclusive unless determined by a court of competent jurisdiction to have been. fraudulent, capricious,, or arbitrary, or so grossly,erroneous'as necessarily to imply bad faith, or not supported by Substantial evidence. In connection with any proceeding under . this clause,. the, DONEE shall be- afforded an opportunity to be heard and to offer evidence in -support of its appeal. Pending final decision of a dispute hereunder, the DONEE shall proceed diligently with the performance of the contract and in accord ante •tii.th the decision of the Commander, Naval. Sea- Systems Command. 9, overnment may, dur.n a national- emergency, request T UQNEE to re urn t..- and the DONEE s al , if an w en requested to do so, return the essa to e o ernm;entd In the event the DONEE, or their assigns, shall fail, to perform, the obligations assumed under this Contract, the Secretary of the Navy or his duly authorized representative may terminate -- . this Contract, provided That. written notice to terminate, specifying the par ticulars..wherein it is claimed that this Contract has been violated, is transmitted, by registered mail, to the DONEE. The DONEE shall have ninety (40) days from receipt of'the above- - mentioned written notice to cure the violations.or deficiencies set forth in saild notice. If, at the end of such time, it appears to the Secretary of the-Navy, or his duly authorized representative, that the same have not been cured, then the Contract shall be deemed to be terminated, in which event the DONEE shall forfeit to the Government any and all rights it may have - in - the Vessel, including any improvements Made to the Vessel by the DONEE. as the Secretary.of the Navy or his duly authorized representa° tive may decide, and shall transfer title to the Government if the Secretary of the Navy his duly authorized representa- tive so directs. 10. The term "Government" as _'represented by the Department of the Navy means, the Secretary, Under Secretary or•Assistant Secretary of the Navy, the Commander, Naval. Sea Systems Command, and any other duly authorized representative, acting -within .the limits of his authority, that the aforedesi.gnated officials may appoint. IN WITNESS WHEREOF, the parties hereto have duly executed this 4 Contract as of the date first above written. THE UNITED T TES OF AMERICA � . By , CITY OF BUFFALO, NEW YORK 7. By MAYOR fa (SEAL) :s .4 . 4 r ' - ... anie_J, W1kci certify that I am the CesunsPl (City official i.e., . of the City' of Buffalo; that Stanley M- -ma ____knw Mayor, Counsel., etc.) who signed the above contract on behalf of the City of Buffalo was them Mayor of the City' and that said contract _ -- was duly signed for and in behalf of the city of Buffalo, New York, all by authority duly given. (SEAL) :s .4 . Y Y. DEPARTMENT OF THE NAVY NAVAL SEA SYSTEMS COMMAND WASHINGTON, D.0 20362 IN REPLV fiEVER TO CONTRACT N00024 - - --0203 FOR THE DONATION OF LITTLE ROCK (ex CG -4) THIS'CONTRACT, entered into this lst day of June 1977 by and between the UNITED STATES OF AMERICA (hereinafter called the "Govern - ment'V, represented by the Department oYf the Navy, and the City of Buffalo, New York (hereinafter referred to as the "DONEE "), represented by the Buffalo Urban Renewal Agency_ - WITItiESSETH: WHEREAS, the Act of August 10, 3936 (P.L. 1028, 84th Congress), 1O U.S.C. 7308, -authorizes the Secreta7~y of the Navy to transfer by gift or othercaise, on terms prescribed by him, any obsolete vessel of the Davy to any State, municipal corporation of the United States, or any cor- poration or association whose Charter denies it the nigh_ to operate for' profit; and WHEREAS, by an Act of the New York State Legislature, Section 639 of Article 15--B of the General municipal Law (Laws 1455, Chapter 306, Sec. 1) the Buffalo Urban Renewal Agency was created as a Corporate Governmental Agency and pursuant to Sec. 554 of the General 'Municipal.` ;yaw has the power to acquire historic vessels as part a{ the City's maritime museum. WHEREAS, the DONEE has = pplied for donation of the -b- solete Cruiser ex LITTLE ROCK (ex CG -4) (he�ei.nafter called the "Vessel ') and has indicated its intention to preserve and exhibit the Vessel; and T, the DONEE agrees to and undertakes the o gation to make and keep the Vessel safe an" presentable for public exhih't and inspec `ion, at no expense tc• the .'overnmenc; and WHEIRF #S, pursuant to 1' 730'8, notice of the pzorosed trans fer has been duly sent to ='h C- n-ress, sixty calendar days of contin- uous session have been ewp't_d' ..yce then, and no resolution has been xa:,s sc. by the Congress s - ?: = -„ i_c substance that it doe's -not faver the prc-:osed transfer THEREFORE, the � :rverr , ;er,.t agrees to transfer •_3:e Vessel to the DONEE a d the DONE — E agrees to a ep" the V &r_,el subject to the following terms and conditions: ' d s ; i�:l 1. The Government shall, subject to tine provisions or poragrapli S, (1) deliver the vessel to the DONi,E at the l'nact ive Ship Maintenance and Storage Facility, Philadelphia, Pennsylvania on an "as is, where is" basis and without warranty of any kind, and (ii) notify the DONEE of the delivery date sufficiently in advance thereof to enable the DONEE td, make necessary arrange menu for acceptance ©f delivery. the Department of the Navy1 2. The DONEE shall: 63M coo6 - (a) (b ) {c) L . j AO P a 5f G Accept the Vessel upon delivery by Not activate or permit to be activated any system aboard the Vessel for the purpose of navigation or movement of the Vessel under its own power. Establish the Vessel, on a non.. - profit basis,- __as - -a public. memorial /museum only and exhibit at a suitable- -site in the harbor of the City of .Buffalo, New York; -' -ands maintain the Vessel in such a manner that it (i) . ill not cast discredit upon the Na or upon the-pro adzti of this istoric ssel, and (ii.) will not allow the Vessel to become a menace to naviga�ior►, pu ie health or safety. Maintain the Vessel.in condit' n, tis actory to the Department d3 t e Navy. To.that end the DONEE shall in ta l not eater t a:o fl July 1973, a permanent based mooring arrangement acceptable to the Navy.. Pending completion of the permanent based mooring rrangement, temporary mooring of the Vessel shall be in a manuuer and at a site acceptable to the Navy. The maintenance obligations as�s d b the DONE s 11 include but she net e a_ - ted to (i.) the performance of all necessary painting a d c eal n3ng of exterior surfaces and interi.o camp rtrr. . is and passe eways open to the pu lic, (zi t e p_ovzsJ on an maint nano n a---I ps'o is nd private spaces of such handrails, warning signs, fire protection, lighting and ventilation systems and other safety devices as are neces- sary to insure the safety of thee vzsl ing public and of main- tenance personnel aboard the 'esse , iir the assurance of the watertight integrit of the hull while the Vessel is afloat, iv e provision and: maintenance of safe and efficient means of access and egre=ss,' (v) the provision an r°_Iintenance of suitable sanitary fa - lities for visitors, and (vi) such other safety and maintenance work as the Government may determine to be reasor._biy necessary, all the obligations hereunder shall'be performed by the DONEE at its own expense and w hout reimburseT - - t or contribution by the Government. All word: performed hereLnder shall be subject 'to the approval of the Co =- andant Third ` District, Fourth Naval. District . Headquarters, Philadelphia, Pennsylvania 19112; 2 „/ (e) Procure and maintain, at its own expOnse wi.th0lit reimburse- ment or contribution by the Government, from and after the delivery of the Vessel, Broad Form Tower's Liability insurance including Tower's negligent damage to the Verse du�ing any tow, and Marine Hull and Protection and Indemnity liabilities insurance all rn a u ss th $ , Q© to cover e Vessel so long as the Vessel is waterborne. Upon completion of the permanent mooring arrangement the DONEE may substitute for insurance not less than 6 0 0 of Fire and Extended Cover X age insurance including risks of vanda ism an ma is ous mischief and third party bodily injury liability insurance .in an amount not less than $3 00,O00 per occurrence.' Such insurance shall at ail times protect the United States Government its agents or employees, from claims result in or alleged have arisen from fault, negligence, wrongful act or omission of the Government, its agents or instrumen- talities, or their agents or employees in berthing, preparation for use, repairing or any other use, and shall, as to form and insurers, be' subject to the approval of the Insurance Section (MAT 024N), Naval Material Command, Department of the Navy, Washington, D. C. 20360. (f) Present evidence satisfactory to the Government that, prior to the delivery of the.Vessel, the DONEE has-the financial means necessary to assure accomplishment of all the obligations hereunder. . f (g) (h) I/ Prohibit members the Vessel prior sary to make the inspection, exce went. of the general public from visiting aboard -to the accomplishment of all work neces- Vessel safe and presentable for public at as m be aut or ze by the Ia pa t Not transfer or otherwise dispose of the Vessel or any part' thereof or any interest therein without the prior consent of the Secretary of the Navy or his duly authotized representa- tive. Indemnify and hold harmless the United - States Government, its agents, or employees, against all suits, actions, claims, costs, fees and -de:rands, (including without limitation: suits, actions, claims, costs, fees and demands for oath, personal injury or property damage) to which the Govern- ment, its agents or instrumentalities, or their agents or employees, may be subject by - reason of damage•or injury (including death) to t1_e property or person of anyone resulting or alleged try, have arisen or resulted from the fault, negligence, ur.-;igful act or omission ,of the Government, its agents or instrumentalities, or their agents or employees, in the berthing, preparation for use, repairing, restoration or any other use of the Vessel originating after delivery of the Vessel tc the DONEE. ( Co,rply with al Federal, State and Local laws and regulations in being or tt ::t may be hereinafter enacted or issued and relating to pr.:tection of the environment. :. 0 3. Non - Discrimination (a) The DONEE acknowledges that it has executed and furnished to the Government representative of this Contract, Navy Form NAV50 535011 (11-71) "Assurance of compliance with the Department'of Defense Directive under Title VI of the Civil. Rights Act of 1964," and that it has -read the explanation of the Department of Defense accompanying said Navy form; that all sanctions imposed and actions taken as a result of noncompliance therewith shall be in accordance with DOD Directive 5500.11, dated December 28, 1968, "Non - Discrimination in Federally Assisted P rograms." 4. In the event that the Vessel is lost or destroyed prior to the time of transfer, by fire, shipwreck, act of Providence or of a foreign power by any other means whatsoever, whether by negligence on the part of- the Government, or not, this Agreement shall become void and of no effect. 5. Upon delivery to and ac.- eptance by the DONEE, title to the Vessel shall vest in the DONEE and title shall remains in the DONEE until transferred under article 2 (h) or Article 9 this Contract. 6. The Government shall not be liable to the DONEE in any manner whatsoever for damages or otherwise on account of delayed delivery or non - delivery of the Vessel or for any other - reason 7. No- expense shall result to the Government as a consequence of the transfer of the Vessel to the DONEE or as a consequence of the terms and conditions prescribed hereunder. S. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be declared by the Commander., Naval Sea Systems Co-=and, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the DONEE. T?e decision of the Commander, Naval Spa Systems Command shall be final and conclusive: unless, within 30 days from the date, of the receipt of such copy, the DONEE mails or otherwise furnishes to the Co=ander, Naval Spa Systems Command a written appeal addressed to the Secretary. The decision of the Secretary or his duly authorizdd representative for the determination <af such appeals 4 shall be final and conclusive unless-determined by a court . of competent jurisdiction to have been fraudulent, capricious, or arbitrary, or so grossly erroneous as necessarily-to imply bad faith, or not supported by substantial evidence. In connection with any proceeding under this clause, the DONEE shall be afforded an opportunity to be heard and to . offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the DONEE shall proceed diligently with the performance of the contract and in accord ance with the decision of the Comaander, Naval Sea Systems Command. 9. The G yernment may during a national emergency, request t he DO IT to return the and when requeste o da so, return t e essel.to t e overnmenga In the event the DONEE, or their assigns, shall.. fail to perforza the obligations assumed under this Contract, the Secretary of the Navy or his duly authorized representative may terminate this Contract, provided that written notice to terminate, specifying the particulars wherein it is claimed that this Contract has been violated, is transmitted, by registered mail, to the DONEE. the DONEE shall, have ninety (90) days from receipt the above - mentioned written notice. to cure the violations or deficiencies set forth in said notice. If, at the end of such time, it appears to the Secretary of the Navy, or his duly authorized representative, that the same have not been cured, then the Contract shalltbe deemed to be terminated, in which event the DONEE shall, iorfeit to the Government any and all rights it may have in the Vessel., including any improvements made to the Vessel by'the DONEE as the Secretary of, the Davy or his duly authorized representa -Y tive may decide, and shall transfer title to the Government if the Secretary of the Navy or his duly authorized representa tive so directs. 10. -The term "Government" as represented by the Department of the Navy means, the Secretary-, Under Secretary or Assistant Secretary of the Navy, the Corn- mander, Naval Sea Systems Command, and any other duly authorized representative, acting within the limits o; his authority, that the aforecesignated officials may appoint. 5 IN WITNESS WHEREOF, the parties hereto have duly executed this r Contract as of the date first above written. THE UNITED I TES 0 AMERICA By re o e Vv CITY OF BUFFALO, NEW YORK �By / ' MAY,0 Daniel J. W that I am the COUNSEL (City official i.e., of the City of Buffalo; that Stanley bl. Makowski- Mayor, CW ; -., etc.) who signed the above contract on behalf of the City of Buffalo was then MAYOR of the City arid• that said contract was duly signed for and in behalf of the city of Buffalo, New York, all'.by authority duly given. (SEAL) . •Ac 3 DEPARTMENT OF THE NAVY NAVAL SEA SYS "i EMS COMMAND WASHINGTON, D.C. 20362 JUN 197E } .... IN REPLY REFER TO CONTRACT N00024 -78 -C -0211 FOR THE DONATION OF FAST PATROL CRAFT (EX- PTF -17) THIS CONTRACT,.entered into this 15th day of August 1978 by and between the UNITED STATES OF AMERICA (hereinafter called the "Government "), repre- sented by the Department of the Navy, and the City of Buffalo, New York (hereinafter referred to as the "DONEE "), represented by the Buffalo Urban Renewal Agency. WITNESSETH: WHEREAS, the Act of August 10, 1956, (P.L. 1038, 84th Congress), 10 U.S.C. 7308, authorizes the Secretary of the Navy to transfer by gift or otherwise, on terms prescribed by him, any obsolete vessel of the Navy to any State, municipal corporation of the United States, or any corporation or association whose Charter denies it the right to operate for profit; and WHEREAS, by an Act of the New York State Legislature, Section 639 of Article 15 -B of the General Municipal Law (Laws 1966, Chapter 306, Sec. 1) the Buffalo Urban Renewal Agency was created as a Corporate Governmental Agency and pursuant to Sec. 554 of the General Municipal Law has the power to acquire historic vessels as part of the City's maritime museum. WHEREAS, the DONEE has applied for donation of the obsolete Fast Patrol Craft (EX- PTF - (hereinafter called the "Vessel ") and has indicated its intention to preserve and exhibit the Vessel; and WHEREAS; the DONEE agrees to and keep the Vessel safe and presentable at no expense to the Government; and undertakes the obligation to make and for public exhibition and inspection, WHEREAS, pursuant'to 10 U.S.C. 7308, notice of the proposed transfer has been duly sent to the Congress, sixty calendar days of continuous session have been expired since then, and no resolution has been passed by the Congress stating in substance that it does not favor the proposed trans- fer. NOW, THEREFORE, the Government agrees to transfer the Vessel to the DONEE and the DONEE agrees to accept the Vessel subject to the following terms and conditions: -r 1. The Government shall, subject to the provisions of paragraph 5, (i) deliver the vessel to the DONEE at Coastal River Squadron Two, Naval Amphibious Base, Little Creek, Norfolk, Virginia 23521 on an "as is, where is" basis and without warranty of any kind, and (7i) notify the DONEE of the delivery date sufficiently in advance thereof to enable the DONEE to make necessary arrangements for acceptance of delivery. 2. The DONEE shall: (a) Accept the Vessel upon delivery by the Department of the Navy. (b) Not activate or permit to be activated any system aboard the Vessel for the purpose of navigation or movement of the Vessel under its own power. (c) Establish the Vessel, on a non - profit basis, as a public memorial/ museum only and exhibit at a suitable site in the harbor or in the Naval and Servicemen's Park of the City of Buffalo, New York, and maintain the Vessel in such a manner that it (i) will not cast discredit upon the Navy or upon the proud tradition of this historic Vessel, and (ii) will not allow the Vessel to become a menace to navigation, public health or safety. (d) Maintain the Vessel in a condition, satisfactory to the Department of the Navy. To that end the DONEE shall install not later than 31 August 1979, a permanent based mooring arrangement acceptable to the Navy. Pending completion of the permanent based mooring arrangement, temporary mooring of the Vessel shall be in a manner and at a site acceptable to the Navy. The maintenance obligations assumed by the DONEE shall include but shall not be limited to (i) the performance of all necessary painting and cleaning of exterior surfaces and interior compartments and passageways open to the public, (ii) the provision and maintenance in all public and private spaces of such handrails, warning signs, fire pro- tection., lighting and ventilation systems and other safety devices as are necessary to insure the safety of the visiting public and of maintenance personnel aboard the Vessel, (iii) the assurance of the watertight integrity of the hull while the Vessel is afloat, (iv) the provision and maintenance of safe and efficient means of access and egress, (v) the provision and maintenance of suit- able sanitary facilities ashore for visitors, and (vi) such other safety and maintenance work as the Government may determine to be reasonably necessary, all the obligations hereunder shall be performed by the DONEE at its own expense and without reimburse- ment or contribution by the Government. All work performed hereunder shall be subject to the approval of the Fourth Naval District, Philadelphia, Pennsylvania 19112; 2 N00024 -78 -C -0211 (e) Procure and maintain at its own expense without reimbursement or contribution by the Government, from and after the delivery of the Vessel, Broad Form Tower's Liability insurance including Tower's negligent damage to the Vessel during any tow, and Marine Null and Pro tection and Indemnity liabilities insurance all in an amount not less than $50,000 to cover the Vessel so long as the Vessel is waterborne. Upon completion of the permanent mooring arrangement the DONEE may substitute for insurance not less than $50,000 of Fire and Extended Coverage insurance in- cluding risks of vandalism and malicious mischief and third party bodily injury liability insurance in an amount not less than $300,000 per occurrence. Such insurance shall at all times protect the United States Government its agents or employees, from claims resulting or alleged to have arisen from fault, negligence, wrongful act or omission of the Government, its agents or ins.�rumentalities, or their agents or employees in berthing, preparation for use, repairing or any other use, and shall, as to form and insurers, be subject to the approval of the Insurance Section (MAT 024N), Naval Material Command, Department of the Navy, Washington,-D.C. 20350. (f) Present evidence satisfactory to the Government that, prior to the delivery of the Vessel, the DONEE has the financial means necessary to assure accomplishment of all the obligations here- under. (g) Prohibit members of the general public from visiting aboard the Vessel prior to the accomplishment of all work necessary to make the Vessel safe and presentable for public inspection, except as may be authorized by the Navy Department. (h) Not transfer or otherwise dispose of the Vessel or any part thereof or any interest therein without the prior consent of the Secretary of the Navy or his duly authorized representative. (i) Indemnify and hold harmless the United States Government, its agents, or employees, against all suits, actions, claims, costs, fees and demands, (including without limitation suits, actions, claims, costs, fees and demands for death, personal injury or property damage) to which the Government, its agents or instru- mentalities, or'their agents or employees, may be subject by reason of damage or injury (including death) to the property or person of anyone resulting or alleged to have arisen or resulted from the fault, negligence, wrongful act or omission of the Government, its agents or instrumentalities, or their agents or employees, in the berthing, preparation for use, repairing, restoration or any other use of the Vessel originating after delivery of the Vessel to the DONEE. 3 �j N00024-78 -C -0211. (j) Comply with all Federal, State and local laws and regulations in being or that may be hereinafter enacted or issued and relating to protection of the environment. (k) Submit to Naval Sea Systems Command, OODG, Washington, D.C. 20362 an annual material inspection report on the condition of the Vessel on or before June 30th of each year that this agreement is in effect. 3. Non - Discrimination (a) The DONEE acknowledges that it has executed and furnished to the Government representative of this Contract, Navy Form NAVSO 5350/1 (11 -71) "Assurance of compliance with the Department of Defense Directive under Title VI of the Civil Rights Act of 1964," and that it has read the explanation of the Department of Defense accompany- ing said Navy form; that all sanctions imposed and actions taken as a result of non - compliance therewith shall be in accordance with DOD Directive 5500.11, dated December 28, 1968, "Non -Dis- crimination'in Federally Assisted Programs." 4. In the event that the Vessel is lost or destroyed prior to the time of transfer, by fire, shipwreck, act of Providence or of a foreign power by any other means whatsoever, whether by negligence on the part of the Government, or not, this Agreement shall become void and of no effect. 5. Upon delivery to and acceptance by the DONEE, title to the Vessel shall vest in the DONEE and title shall remain in the DONEE until transferred under article 2 (h) or Article 9 of this contract. 6. The Government shall not be liable to the DONEE in any manner what- soever for damages or otherwise on account of delayed delivery or non- delivery of the Vessel or for any other reason. 7. No expense shall result to the Government as a consequence of the transfer of the Vessel to the DONEE or as a consequence of the terms and conditions prescribed hereunder. 8. Except as otherwise provided in this contract,'any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Commander, Naval Sea Systems Command, who shall reduce his decision to writing and mail or other- wise furnish a copy thereof to the DONEE. The decision of the Commander, Naval Sea Systems Command shall be finial and conclusive unless, within 30 days from the date of the receipt of such copy, the DONEE mails or otherwise furnishes to the Commander, Naval Sea Systems Command a written appeal addressed to the Secretary. The decision of the 4 y `A N00024 -78 -C -0211 Secretary or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any proceeding under this clause, the DONEE shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the DONEE shall proceed diligently with the performance of the contract and in accordance with the decision of the Commander, Naval Sea Systems Command. 9. The Government may, during a national emergency, request the DONEE to return the Vessel and the DONEE shall, if and when requested to do so, return the Vessel to the Government. In the event the DONEE, or their assigns, shall fail to perform the obligations assumed under this Contract, t Secretary of the Navy or his duly authorized representative may terminate this Contract, provided that written notice to terminate, specifying the particulars wherein it is claimed that this Contract has been violated, is transmitted, by registered mail, to the DONEE. The DONEE shall have ninety (90) days from receipt of the above - mentioned written notice to cure the violations or deficiencies set forth in said notice. If, at the end of such time, it appears to the Secretary of the Navy, or his authorized representative, that the same have not been cured, then the Contract shall be deemed to be terminated, in which event the DONEE shall forfeit to the Government any and all rights it may have in the Vessel, including any improvements made.to the Vessel by the DONEE as the Secretary of the Navy or his duly authorized representative may decide, and shall transfer title to the Government if the Secretary of the Navy or his duly authorized representative so directs. 10. The term "Government" as represented by the Department of the Navy means, the Secretary, Under Secretary or Assistant Secretary of the Navy, the Commander, Naval Sea Systems Command, and any other duly authorized representative, acting within the limits of his authority, that the aforedesignated officials may appoint. 5 N00024 -78 -C -0211 IN WITNESS WHEREOF, the parties hereto have duly executed this Contract as of the date first above written.. THE UNITED STATES OF AMERICA B y f,— ASsistant _ e Navy (MRA &L) CITY OF BUFFALO URBAN RENEWAL AGE14CY BY ;ice, -• / I N00024 - 78- C -0211 STATE OF NEW YORK } COUNTY OF ERIE } ss:- CITY OF BUFFALO ) On 4- hp day of��� 1978, before me personally came JAigES D. GRIFFIN, to me known, who, being by me duly sworn, did depose and say that he resides at 420 Dorrance Avenue, Buffalo, New York; that he is the Chairman of the City of Buffalo Urban Renewal Agency, the corporation described in and which executed the fore- going instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the members of said corporation; and that he signed his name thereto by like order. A �'R. OF DEEDS, BUFFALO, N. Y, COMM. EXPIRES 121311 7 DEPARTMENT OF THE NAVY VFFiCE OF THE SECRETARY WASHINGTON, D.C. 20350 -1000 CONTRACT N00024-88-C-0206 CONTRACT FOR THE DONATION OF SUBMARINE CROAKER ► (AGSS -246 ) THIS CONTRACT entered into this `7 _ * day of November, 1988 by and between the UNITED STATES OF AMERICA (hereinafter called the "Government ") represented by the Department of the Navy and the CITY OF BUFFALO (hereinafter referred to as the "DONEE "): WITNESSETH: WHEREAS, the Act of August 10, 1956 (P. L. 1028, 84th Congress) 10 U.S.C. 7308, authorizes the Secretary of the Navy.to transfer by gift or otherwise, on,,terms prescribed by him, an obsolete vessel, of the Navy to any State bf the United States, or any.municipal corporation or political sub - division thereof, or any corporation or association whose Charter denies it the right to operate for profit; and WHEREAS, the DONEE has applied for donation of the obsolete submarine CROAKER (AGES -246) (hereinafter sometimes called the "Vessel "), and has indicated its intention to preserve and exhibit the vessel; and WHEREAS, the DONEE agrees to and undertakes the obligation to make and keep the Vessel safe and presentable for public exhibition and inspection, at no expense to the Government; and WHEREAS, pursuant to 10 U.S.C. 7308, notice of the proposed transfer has been duly sent to the Congress, and Public Law 100 -526 was enacted to expedite this donation; NOW THEREFORE, the Government agrees to transfer the Vessel to the DONEE and the DONEE agrees to accept the Vessel.subject to the following terms and conditions: 1. The Government shall, subject to the provisions of Article 8 hereof, deliver the Vessel to the DONEE at the Inactive Ship Maintenance Facility, Portsmouth, Virginia, on an "as is, where is" basis and without warranty of any kind, and shall notify the DONEE of the delivery date sufficiently in advance thereof to enable the DONEE to make the necessary arrangements for acceptance of delivery. 2. The DONEE shall accept the Vessel upon delivery by the Department of the Navy, 1 3. The DONEE shall not activate or permit to be activated any system aboard the Vessel for the purpose of navigation or movement of the Vessel under its own power, and it also shall not activate or permit to be activated the galley for the purpose of serving meals, 4. The DONEE, including any successor in interest, shall establish and operate the Vessel on a non - profit basis as a public memorial /musuem only, exhibit it at the Buffalo and Erie County Naval and Servicemen's Park, Buffalo, New York, and maintain the Vessel in such a manner that it will not cast discredit upon the Navy or upon the proud tradition of this Vessel., and will not allow the Vessel to become a menace to navigation, public health or safety. 5. The DONEE shall procure and maintain at its own expense, without reimbursement or contribution by the Government, from and after the delivery of-the Vessel, Tower's broad --form liability insurance, including Tower's coverage for negligent damage during any tow and maintain marine hull and protection insurance in the amount of $60,000.00 and collision protection and indemnity liability insurance in the amount of $1,000,000.00. The DONEE shall further procure not less than $250,000.00 of fire and extended- coverage insurance, including risks of vandalism and malicious mischief, and third -party bodily - injury liability insurance in an amount not less than 1,000,000.00 (Single Limit) per occurrence and third - -party property damage insurance in an amount not less than 200,000.00 for any occurrence. Such insurance shall at all times protect the United States Government, its agents or employees, from claims resulting or alleged to have arisen from fault, negligence, wrongful acts or omissions of the Government, its agents or instrumentalities or their agents or employees, in berthing, preparation for use, repairing or any other use. Hull insurance shall name the Secretary of the Navy as loss payee. Liability insurance shall name the United States Government and Department of"the Navy as additional insured and shall, as to form and insurers, be subject to the approval of the Assistant Secretary of the Navy, Insurance Section (ASN- CBM- CM --N), Washington, D. C. 20360. 6. The DONEE shall indemnify, save harmless, and defend the Government from and against all claims, demands, actions, liabilities, judgements, costs, and attorney's fees, arising out of, claimed on account of, or in any manner predicated upon personal injury, death, or property damage caused by or resulting from possession and /or use of the donated property. 7. The DONEE shall comply with all Federal, State and local laws and regulations in being or that may be hereinafter enacted or issued relating to protection of the environment, public health, and safety, E j 8. In the event that the Vessel is lost or destroyed prior to the time of delivery by fire, shipwreck, act of Providence or of a foreign power, or by any other means whatsoever, whether by negligence on the part of the Government, or not, this Agreement shall become void and of no effect. 9. No expense shall result to the Government as a consequence of the transfer of the Vessel to the DONEE or as a consequence of the terms and conditions prescribed hereunder. 10.(a) This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601 --613) (the Act). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved in accordance with this clause. (c) "Claim," as used in this clause, means a written demand or assertion by one of the parties seeking, as a matter of right, the payment of money in sum certain, adjustment, or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim under the act until certified as required by subparagraph (d)(2) below. A'voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d)(1) A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the contractor shall be subject to a written decision by the Contracting Officer. (2) For contractor claims of more than $50,000, the Contractor shall submit with the claim a certification that (i) The claim is made in good faith, (ii) Supporting data are accurate and complete to the best of the Contractor's knowledge and belief; and (iii) The amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable. 3 (3)(i) If the Contractor is an individual, the certification shall be executed by that individual. (ii) If the Contractor is not an individual, the certification shall be executed by (A) A senior company official in charge at the Contractor's plant or location involved; or (B) An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs. (e) For contractor claims of ,*50,000 Contracting Officer must, if requested in wittin render a decision wit1jin 60 days of the request. contractor - certified claims over of $50,000, the must, within 60 days, decide the claim or notify the date by which the decision will be made. or less, the g by.Contractor, For Contracting Officer the Contractor of (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (h) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. 11. The Government may, during a national emergency, request the DONEE to return the Vessel and the DONEE shall if and when requested to do so, return the Vessel at no cost or expense to the Government. In the event that the DONEE, or its assigns, shall fail to perform the obligations assumed under this contract, the Secretary of the Navy or his duly authorized representative may terminate this contract, provided that written notice to terminate, specifying the particulars wherein it is claimed that this contract has been violated, is transmitted by registered mail to the DONEE. The DONEE shall have ninety (90) days from the date of receipt of the written notice to cure the violations or deficiencies set forth 4 in said notice or to begin diligent efforts to effect any cure which may require more than ninety (90) days to complete. If, at the end of such time, it appears to the Secretary of the Navy, or his authorized representative, that the violations have not been cured, then the Contract shall be terminated, in which event the DONEE shall forfeit to the Government any and all rights that it may have in the Vessel, including rights in any improvements made to the Vessel or fixtures attached by the DONEE, as the Secretary of the Navy or his duly authorized representative may decide, and shall transfer title and return the Vessel to the location at which original delivery was made at at no cost or expense to the Government if the Secretary of the Navy or his duly authorized representative so directs. In the event the Vessel becomes a hazard to navigation, public health, safety or property, the Secretary of the Navy or his duly authorized representative may terminate this contract immediately. 12. The DONEE agrees to allow representatives of the Government access all of the DONEE's records, documents, and facilities, including the Vessel, to assure the accuracy of information provided the donor and compliance with the terms of this contract. 13. The Government reserves the right to remove equipment from the Vessel required to satisfy Fleet material needs. In cases where such removal affects the display of the Vessel, the Navy will attempt to provide a cosmetically suitable piece of equipment as a replacement. The Government further reserves the right to conduct an annual physical inspection of the Vessel.. 14. The DONEE acknowledges that it has executed and furnished to the Government representative under this contract, the Navy Form "Assurance of Compliance with the Department of Defense Directive under Title VI of the Civil Rights Act of 1964 "; that it has read the explanation of the Department of Defense accompanying said Navy form; and that all sanctions imposed and actions taken as a result of non - compliance therewith shall be in accordance with DOD Directive 5500.11, dated 27 May 1971, "Non -- Discrimination in Federally Assisted Programs." 15. To the that there is any conflict between this contract and any other contract or agreement entered into by the DONEE, this contract shall control to the extent that any rights, interest, or remedies of the Department of the Navy or the United States of America are involved. 16. The term "Government" as represented by the Department of the Navy means the Secretary, Under Secretary, or Assistant Secretary of the Navy, the Commander, Naval Sea Systems Command, and any other duly authorized representative, acting within the limits of his authority, that the aforedesignated may appoint. 5 17. Upon delivery to and acceptance by the DONEE, title to the Vessel shall vest in the DONEE and title shall remain in the DONEE unless transferred under Article 11. IN WITNESS WHEREOF, this contract has been duly executed as of the date first written above. The UNITED STATES OF AMERICA, Represented By The Department of the Navy By B ` ff f EVERE` T- p (ATT A SISTANT SFCNETAR;' OF THEI NAVY ISHIPf3€l1LdING AND LO.61ST1CS) CITY OF BUFFALO By t �U M N Exhibit B .\` � � _--- ---- ~---' Q. I> 1> > FOIT-ALRERT ASSOCIATES 4,1 ERIE CANAL HARBOR 14203 CITY OF BUFFX-0, CWM OF 17D Bss-DD 02" "l, M au =7 T, z- M.O,6,y N-, v tl PQ Wr: L'v Nqy�: 1 0, 0 7=•.- Zz �u 0 LLT e..u_,.e�. e _ wo,rte .w w 1 .-v n • r,e u.. u u. 5.:-: e .we. ^�^:' L .. euf. n.-�an n. ivy i- s.r..nr.., ..w .:ne.xe. � � � WJ �� ABBREVIATIONS 02" "l, M au =7 T, z- 0 �u 0 LLT 02" "l, M au V�17 SURVEY CONTROL MONUMERFS'. CD 0 �u 0 LLT V�17 SURVEY CONTROL MONUMERFS'. 1 3. 1 *AYE'S NO PAYM FON''LA . FRANCZYK GOLOMHEK KEARNS LOCURTU VMA * . * * RUSSELL smum [ ------------- ) [MA7- 5] [2/3 - 6] [3/4 - 7] FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES Dec 23, 2008 P 1 (Rev. 1193) i» ,ls Page Coimmmj(- a.tion 1: l €ion Council l:c C011Mn011 Council: Daft!: Dcm —nbur 16, 2003 l 1 Divisi ?'.i.: offic" € f .ict"'fire= Sab [: J <'oo&torc Lkense- �.: 572 S. DiviAon (AKA 1 -55 JeUers €>n) ( +iffixiore) Type in Upper and I 1. L_Izomar Case Qnjy [: Prior Council Reference: (If Any) I Ext. (Itq €n No _ xxx C,C.1'._xlxxlxx): Text (_1 yp ingl� SPace..Bcl.o}��): Pursuant to Chapter 1 94 of the City of Buffalo Ordinances, }Tease be advised that I have examined the attached application for Foodstore located at 572 South Division (AKA 155 Jefferson) (WNY PETRO) and find that as to form is correct. I have caused an investigation into the premises for which said application for a foodstore license is being sought and according to the attached reports from the Zoning Office, hire 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. FAI' 1 Ty} e Department Ilead Name: JAMES COML RIaORD Type Title: DEPUTY CO MMISSI O NER Signatur of Department Head: r Jc:Ps:jad 1 C'I`I'Y 01 BUI +FAL0 OFFICE OF LICENSFS 313 C'ITV 1I:A1,I BUFFALO. NEW YO - RIB 14" '? 7:1(11 QT"1.. "Ifs Q )T.) r: {s x �l - .0' \. i L:,f�.1 A INS APPLICAT OIN FOR.: W=NY PETRO LICENSE TYPE: FOOD STORE; 13USINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL.1`11ONE: APPLICATION NUMBER: IZI+,I+ERRAL. DATE: REMARKS: 572 DIVISION SOUTH 852 -6052 FI 08 AHME1) A131JITAMRA 825 -4711 551738 08107/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCYID PARTMENT RFFURRED TO) APPROVED ,.. DISAPPROVED DISAPPROVAL CALL BACK DATE- — S- DATE: DATE: xr *REASON FOR DISAPPROVAL DUST BE STATED BELOW'k** REMARKS: 0C` ell hvo- �.; fit,• . ( AL A - -.' ���� i i INSPECTOR -- , _ .. _ ¢� XlM _ _- - EST AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSE'S. THANK YOU. a�l,,strfrz.rtr 313 CITY HALL BUFFALO, NE AN YORK 1.4202 INSPECTION/APAPROVAJ, REQUEST AGENCY f PIEPAPTry Y r a APPLICATION FOR: W N Y IIE l RO LICENSE TYPE: FOOD STORE BUSINESS ADI)TESS: BUSINESS PHONE COUNCIL DTSTTaIC:T: POLICE I)ISTRIC T: APPLICANT NAM E: APPL, PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 572 DIVISIt_ N SOU'LE1 852 -6052 I'll 08 ARMI') AI3URANIRA 825 -471 I 551738 08/07/2008 NEW LICENSE 2009 (To BI's COMPLETED BY AGENCY/DEPARTMENT REFERREP T'O) C APPROV - El )DATE:_ DISAPPROVED DATE: a DISAPPROVAL, CALL BACK DA TE:__.. "* *REASON FOR DISAPPROVAL MU ST BE STATED BELOW" REMARKS: 7 e � INSPECTOR j � -' � RM# - EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF TH OFP'IC°E OF LICENSES. TIIANK FOCI. Appsrip2.rpt CI "I'Y OF J31JF AL0 OFFICE OF LICENSES BUF .313 CITY I_I,k J 142 � \ 3 1 ���, 4'�. 14ia.�:i3 )'i.JFyti t \.i_l.l. - L " ;[�L L 1.1V.� REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: WNY PETRO LICENSE TYPE: FOOT) STORF BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE REMARKS- DISAPPROVAL REASON: NEW LICENSE 2009 572 DIVIS[ON SOUTH 852 -6052 FI 08 AIMED ABUHAMRA 825 -4771 551738 08/07/2008 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED — DATE, ` DISAPPROVED DATE: DISAPPROVAL CALL RACK DATE: t "'REASON FOR DISAPPROVAL MUST RE STATED BELOW"' REMARKS: O ctet, /-!v"o I �II'C TOR_._�..,,� _ R R M id FT AFTER INSPECTION PLEASE COMPLETE AND RE'T'URN TI4IS REFERRAL OF THE OFFICE OF LICENSES. THANK 'YOU. Appsljp2.rpe OFFICE OF LICENSE 313 CITY -MALI f fly i�'fi ��� � !: �z1 �'�� � ��'� �,�� }, =��•�� I,IC,F NS TYPE-' Fool) ST au ,aDS➢NF,SS ADDRESS. ,BUSINLI 55 I'I3I. NE, couNC,II, DISTKICT: POLICE IDIST CT' 1§rPLICANT NAME: AI'I'I„ PHONE' APPLICATION NUMBER, I ,E VW, II ZAL DATE 572 DIVISION SOUTH 852.6052 �� 'k c FI Q$ AHMED ABUHPAIRA $25d47lZ mime- SSt738 p$ /p7l20 ©6 mARK,S. JDASAPP OVAL 9E ASON: APPROVED DISAPPROVE REMARKS: DISTRICT CAPTAIN APPROVED DISAPPROVED DATE: E: ��I_ 4 49 � * 'REASON Folt DISAPPROVAL M T1q' U T S'I'ATED W KI,0 W ; LI'! r � 2009 REMARKS: COMM. OF POLWE'. A FTER INSFECTRON PLEAS COMPLETE AND E I [J I X JEFE dRAL TO Tilt OFFICE OF LICENSES- 'I'IIANK YOU. W-- 6OO /Zaad E69--1 - W09A LL : ZL 8o , -9L -Zy OFFICE OF LICENSES 313 L:I'I'y fIAILL .6 i '.i''c�l _°, NEW ' Og g .3. 1 t1! ICI` jl'E :'l.10JVA'JlRll)VAL RE0 EST ACE.ilCY /.III?PA. `)'NIE : C:OI._,I. ,CTIONS { I', tCE rv,F-;RMED T(.): (s {)I,]..I: C"t 0:1'Flf— A I'I, C'A`I'IOtN FOR- WNY I'ETRO LICENSE TYPE: FOOD STORE BUSINFSS ADDRESS: B US INESS PHONE: C:OUNC'IL DIS`I'IUC ' POLICE DISTRICT: APPLICANT NAME: APPL. PHONE, - APPLICATION NUMBER: RI?:FERRAL DATE: REMARKS: DISAPP.itOVAL RFASON 572 DIVISION SOUTH 852 -6052 FI 08 AHMED ABUHAMRA 825 -1711 551738 08/07/2008 NE W LICENSE' 2009 ('I'O BE COMPLETEI) BY AGENC;YAWPARTHENT REFERRED TO) 1 A1'E: l C_APPROVLD J DISAPPROVED DATE: DISAPPROVAL DAT E: *" *REASON] FOR DISAPPROVAL MUST BE STATED BELOW''`` REMARKS: A/ i fNSPE('TOIt RM /. I, 'I` AFTER INSPECTION PLEASE COMPLETE AND R ETURN TIM REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlip2.rpi lhwk--- WAL SIR ter- 1 �.40 -" DA WWA par - _ 'I' ll . 1 �- ! R f C l x$r land P.0 `3 z rR �J W '1 S - - (Iloilo "" iri - �'jR CAI - 1 , �. y _ 1 p . - "� 01 r OIL CY QZK T r a Ott lhwk--- WAL SIR ter- 1 �.40 -" DA WWA par - 1'hF= Con -itnoo Council: Date: December 3, 2008 From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject: [: Food Store License 431 Grant (Niagara) Prior Council Deference: (If Any) Ex. ( Itet No ): 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 431 Grant (Alrafeda.in Market) and find that as to form is correct. I. have caused an investigation into the premises for which said application for a food store liccnse 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 decrn appropriate. r r " - r Signature: A. Department flead 'Title: DEPUTY COMMISSIONER JC, .inrz CITY OF BUFFALO OFFICE OF LICENSES 313 CITY !!ALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: ALRA:FEDAIN MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PIIONE: COUNCIL DISTRICT.`: POLICE DISTRICT- APPLICANT NAME: APPL. PHONE,: APPLICATION NUMBER: REFERRAL DATE. 431 GRANT 876 -7947 NI 05 AZEEM AI_I]USSAINAWI 552033 08119/2008 REMARKS: CALI, $76 -7947 NEW LICENSE 2009 DISAPPROVAL REASON: CI,,OS.ED & LOCKED UP MUST CALL FOR APPOINTMENT - 8523086 {TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO} APPROVED j DATE: / {/ z - DISAPPROVED DATE: DISAPPROVAL CALI, BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# f " EXT € r AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppS p2.rpr CITY OF 131/ FALO OFFICE OF LICENSES 313 CITY MALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FllI -3 PREVENTION REFERRED TO: LT POCZKALSKI APPLICATION FOR: AI -RA,FF -FAIN MARKS — l' LICENSE 'TYPE: ROOD SPORT BUSINESS ADDRESS: BUSINESS PHONE.: COUNCIL DISTRICT: POLICE DISTIOCT: APPLICANT NAM !;: APPL,. PHONE: APPLICATION NUMBER: REFERRAL, DATE: REMARKS: DISAPPROVAL REASON- 433 GRANT 876 -7947 NI 05 AZEEM A1,II1SSA9NAW] 552033 08/99/2008 CALL 876 -7947 f.e� d NEW LICENSE 2009 (TO BE COMPLETIsI) BY AGENCY /DEPARTMENT IZE,FERRED TO) C APP DATE: DISAPPROVED DATE: DISAPPROVAL CAL /, BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STA'T'ED BELOW "t** REMARKS: .. h INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. ,appVipz.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 c RM€€ ( EXT AGENCY / DEPARTMENT: I [OUSMG PROPERTY INS REFERRED TO: VINCE IiERRARA.CC10 APPLICATION FOR: ALRAFEDAIN MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPS,. PHONE: APPLICA'T'ION NUMBER: REFERRAL DATE: INSPECTION /APPROVAL REQUEST 431 GRANT 876 -7347 Ni fly AZEE,M AI,IIIISSAINAWI 552033 08/19/2008 REMARKS: APPOINTMENT 9:30 A.M. NEW LICENSE 2009 DISAPPROVAL REASON: SEE BACK OF APPROVAL SHEET CLOSED S LOCKED UP MUST CALL FOR APPOINTMENT - 8523086 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE:' G DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: * **REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App.3lip2.rpr 11-26-'08 13:57 FROM- o.PA A OfA J4M VA "R i"i Bd Yb9 A' j : V C 01VyjCE or LICENSES 313 CITY HALL RUFFALO, NEW YORK I4202 INSPECTIONIAPPROVA1L, RF,()U ST AGxNcv P oZPAR ENT: P REFERMD To: C®MMISSIONFR OF POLICE ,+ M.i[CATIOlq FoR: At tAVEDAN SET 141CLNSK Tm: FOOD STORE musmas AvaRr ": susmsa »torte: cumc I DuTwCT: r0L" DJsmcT: APPUCAW NAM: AirIPLIPROW A#fIJCA,TWN M M Nkw 11tCENSE 2009 431 GUAM 676 -"47 Ni 4S AZtM ALHUSSNNAWI 552033 Ug119lmos CALL 876. biWW]PROVAL "ABON jWAI1Lg To rMERVIEW CALL nISTRICT POLICE STATION TO SCHWULE a „ ,,CM MENT REl A )WVF,O Da"rROVED bI$'I'A1<CT Cl1I'''I'A�= !3'ROYEb iIATE: a. DATE; !" - 9 y MATE: ww"'9 *ICON Folt bIsA ritOVAL MST- HE STA,TE. =- BELOW pEMenrrs: compm . OF P©LICt: AV= INSPgCTIiON1 PLEASE COMPLETE AND RETURN TRIM ApPSr P,1•0. RRFERI AL TO THE OFFICE OF LICENSE& THANK YOU' CITY of BUFF OFFICE. OF LICENSES 31.3 CITY HALL ftUFFALO, NE's Y vx.xK 2 INSPECTION/APPROVAL REQUEST AGENCY I DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: CC)(,LECTIONS OFFICE APPLICATION FOR: ALRAFEDA]N MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS' BUSINESS PHONE' COUNCII, DIS'T'RICT: T'OLICF, DISTRICT- APPLICANT NAVii: APPL, PHONE: APPLI[::ATION NU MIll"A' REV ERRAL T)ATE' 431 GRANT 876 -7947 NI 05 All EM AL.H[3SSAINAWI 552033 08/19/200 NEW LICENSE CELL 876 -794 OWES WATER BILL AT 431 GRANT RElvi ARKS: DISAPPROVAL RFA,SON- (`I'O BL COMPItI'.'TED BY AGINCYCDEPARTMEN`I' REFERRED TO) _ DATE lt' APPROVED DISAPPROVED DISAPPROVAL DATE: C:AI,I B kCK x *xREASON FOR llISAPPROVAI, MUST BF` STATED BELOVI' *"" REMARKS: `� EXT INSPECTOR 2009 1l r V & lv AFTER INSPECTION PLEA COMPLETE AND RETURN THIS RE FFRRAL OF THE OFFICE OF LICENSES. THANK YOU. City Clerk's Department BUFFALO December 26, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item_ No. 31 PASSED December 23, 2008 Food Store License — 1981 Niagara (North) Gerald A Chwalinski City Clerk `t H I t it To: The Common Council: Date: December 17, 2008 From: Department. Department of Economic Development Permit & Inspection Services Office of Licenses Subject: [: Food Store License 1981 Niagara (North) Prior Council Reference: (If Any) Ex. (Item No. C_C_1'._): 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 1981 Niagara (Doyle's Food) 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 Off I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. 2sw N r' Signature: Department Head 'Title: DEPUTY COMMISSIONER JC :Mrz OFFICE OF LICENSES 313 CITY HALL RUFFALO, NEW YORK 14202 INSpECTIONIAPPROVAL REOUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLIC FOR: AOYLE'S FOOD LICENSE TAPE: 1;OOD STORR v 3 13USINESS ADDRESS.' BUSINESS PHONE: COUr4CIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE; APPLICATION NUMBER- REFERRAL DATE: 1991 NIAGARA 359 -4779 NO 00 ABDULGABAR ALJANAL1 359 -4'179 552817 11/1812008 REMARKS: OISAPPRO+dAL REASON: NEW LICENSE 2009 (TO $E COMPLETED BY ACENCY/PEPARTMENT Rl9l ]E b TO) � � APPROVED DISAPPROVED REMARKS: DISTRICT CAPTAIN. APPROVED DISAPPROVED DATE; DATE: ** *REASON FOR DISAPPROVAL �IVST BE STATED BE LOW * ** REMARKS: COMM, OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETCIRN THIS REFERRAL TO THE OFFICE OI+ LICENSES. THANK YOU. AppJrp?.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BVC1 "LilaOX, iVl?.VY YORK A' -#2VG INSPECTION/APPROVAL REQUEST AGENCY l DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: DOYLE'S FOOD LICENSE "TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT; APPLICANT" NAME: APPL. PHONE,: APPLICATION NUMBER: REFERRAL, DATE: REMARKS: DISAPPROVAL REASON; 1981 NIAGARA 359-4779 NO 00 ABDULUABAR ALJANALI 359 -4779 552817 11/18/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR TZM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL IiLF F Ai.1iy, i N TIE vw ' 1 1 0" r I :2-2 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE F RRARACCIO APPLICATION FOR: DOYLE'S FOOD LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: B(ISINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER REFERRAL DATE. REMARKS: DISAPPROVAL REASON: 1981 NIAGARA 359 -4779 NO 00 A13I U1,GABAR AIaJANALI 359 -4779 552817 11/18/2008 NEW LICENSE 2009 (T0 BE COMPLE'T'ED BY AGENCY /I) PARTMENT REFERRED TO) APl Rfl N VE D HATE: p DISAPPROVED DATE: DISAPPROVAL CALL BACK *' *REASON,FOR DISAPPROVAL M. LIST BE STATED BELOW*** REMARKS: INSPECTOR DATE: RM# 2 6 , EXT --j S" AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Rpp.Tip2rpr CITY OF BUFFALO OFFICE OF .LICENSES 313 Cill( BALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: DOYLE'S FOOD LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'['R.IC'I': APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: E: REMARKS: DISAPPROVAL REASON: 1981 NIAGARA 359 -4779 NO 00 ABDUI..GABAR ALJANAIA 359 -477} 552817 1 1/18/2008 NEW LICENSE 2 009 (TO BE COMPLETED BY ACENCY/DEPARTMENT REFERRED TO) ( DATE: /ZL DISAPPROVED DATE:. _ DISAPPROVAL DATE: CALL BACK - - - *"'REASON FOR DISAPPROVAL MUST BE STATED BELOW "'r REMARKS: INSPECTOR /� 'r'C c:�dC RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2_rpi CITY OF BUFFALO OFFICE, OF LICENSES CY1'Y TT A 313 l.11 Y YYAL i BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: DOYLE'S FOOD I,ICFNSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PIIONE: COUNCIL DISTR[CT: POLL €A? DIS'TRIC:T: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 11EMARKS: DISAPPROVAL REASON: 1981 NIAGARA 359 -4779 NO 00 ABDULGABAR ALIANAI.1 359 -4779 552817 11/18/2008 NEW LICENSE 2009 (TO BE COMPLETED BY ACENCYIDEPARTMENT REFERRED TO) -� _� DATE: APPROVED" DISAPPROVED DATE: DISAPPROVAL CALL, BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE S TATED BELOW" REMARKS: INSPE,CTOR. ;i RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU_ JjjpSbp2.r>>t �xr at+rii7Y 7i'C �" ..i D 1�.'1�' DEPARTMENT OF ECONOMIC DEVELOPMENT, PER & lr'iSF'EC. ox"" x. �� OFFICE OF LICENSES 313 CITY HALL BUFFALO NY 14202, 851 -407 LICENSE APPLICATION PLEASE CHECK LICENSE CATEGORY APPLYING FOR RESTAURANT BAKERY CONFECTIONER ) - RESTAURANT TAKEOUT CATERER _ FOOD STORE MEAT, FISH & POULTRY , J Date Applicant Name !� �`:� f { : Applicant Home Phone # f Applicant Address (No., Street) (City; Town or Village) (State} (dip) Co- Applicant Name — Co- Applicant Address (No,, Street) ' (City, Towrs or Village) (State) (Zip ) . Corporation Name Date Ir�coapoi'ated , Le ? i Date of Busi ness Certificate Business BusinessAdd�ress � 1 E (No., Street) (City, Town or.Vtltage} (State) (dip) . Mailing Address (if different than business address} (No -, Street} (City, Town or ViLtage) (Zip) . Business Phone # r fax# State Tax 1D Number .Social Seeurity # -- (Baker & Confectionet nnl) , 1 No. of Employees / l Applicant's gnature Subsc jbed and sworn to before iue this Day of s �.. °,, t -r`2� , 20 U) Commissioner ofDeeds in and tot jbe City of Buffalo, New York LEES W fAbRA U . 0 -200 SiAiS $174.00 201 -400 SEA i 5250.04 3 .r RMTAMANTTAKEQUT /CA'fFR }l�+iCY� ' B$. MFA - r,FiSH & f ovLTRY (2 "tS.). so 00 BA IY,WCONFECTIONER 0 - EMPLO ES S 3,00 3_10 $105.00 1 -25 $157.00 26 -50 $315.00. 51-200 5525.00 RST app[ 1 0 V X A E D D L� ! D Cl . * NO DAVIS * GOLOMBEI� - RAFERA * * * * * * * * * RUSSELL _* Mrm [-------- - - -- -I [MAJ- 5 * * 0. [2/3 - 61 [314 - 7] `cc..._ ��<� e�. r•.��. C,r .ter �:. -r: ii {. ��:,._. �...�.. 3 _yr��.,. -... .0 , f..,i,t,.t 17...,�., t�ri'�z��:zfiJ '- iE.-- r,t.tr Io: Th Common Coun Jl: Date: December 3, 2008 Froin: Department: Department of Economic Development Permit & Inspection Services Office of Licenses ti Subject:: Food Store License [: 108 'William (Urri��rsity�, +' �.�� Prior Council Reference: (If Any) Ex. Ptirsuant: 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 108 William (Mobil City) and find that as to forin 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, hire I]cpartnIent, I3u11dilrg Irispections, 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 dean appropriate. R RE E 1! " ;. �� T I M Signature: ti� �`.�`'��' �' :`�� Department Head "Title: DT;PU'f Y COMMISSIONER JC :rnrz CITY OF BUFFALO OFFICE OF LICENSES 313 CITY MALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPAR'T'MENT: COLLECTIONS OFFICE ITEFERT2ED TO: COLLECTIONS OFFICE APPLICATION FOR: MOBIL CITY LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT POLICE DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER REFERRAL DATE: REMARKS: DISAPPROVAL, REASON: 108 WILLIAM (716) 601 -9793 tJN ZAIIRA SAEED (716) 685 -5657 551701 08105/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: . 0-A DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: f U/ INSPECTOR P ���� � �� � �[r �! A) -- RM# � .� EXT 9 5 /- � A`� 1� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlipz.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW 'YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: MOBIL CITY LICENSE TYPE: FOOD STOREM% BUSINESS ADDRESS: 1.08 WII.I.,IAM BUSINESS PHONE: (716) 601 -9793 COUNCIL DISTRICT: UPI POLICE DISTRICT: APPLICANT NAME: ZAH12A SAE ED APPL. PHONE: (716) 685 -5657 APPLICATION NUMBER 551701 REFERRAL DATE: 0810512008 REMARKS: DISAPPROVAL REASON: _ (T© BE COMPLETED BY AGENCY /DEPAR'T'MENT REFERRED TO) Q'APPROVED DATE: DISAPPROVED REMARKS: DATE: N ,;W LICENSE 2009 (� DISTRICT' CAPTAIN: DATE: � 1 Qj APPROVED DISAPPROVED REMARKS: DATE: d * * *R.EASON FOR DISAPPROVAL MUST BE STATED BELOW * ** 0/-) COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICE NSES. THANK YOU AppStipz.rpr CyTY OF BUFFALO OI;FICI? OF LICENSES 313 CITY HALL >>��r.r7 ^i A`fR1 I3UFFALO, NEW Y tilickl 4202, INSPECTION/APPROVAL REQUEST AGENCY l DEPARTMENT: I�1RE PREVENTION REFERRED TO: LT POC_'IKALSKI. APPLICATION FOR: MOBIL CITY LICENSE TYPE: FOOD S'1'ORL' DiJSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICIs', DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAI'PROVAI REASON: 10$ WILLIAM (716) 601 -9393 UN 'LA.IIRA SAEED (716) 685-5657 551701 08105/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) �AIPIZOVTD DATE.: I)ISAPPIZOVED DATE: DISAPPROVAL CALLBACK DATE:. ** *REASON FOR DISAPPROVAL MUST TIE STATED BELOW * ** REMARKS: INSPEC'T'OR RM# iV AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSrlp2.rpr CITY OF ' BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY I DEPARTMENT: OFF, OF ZONING & USE REFERRED TO: VINCE F RRACCIO APPLICATION FOR: MOBIL CITY LICENSE TYPE; FOOD STORE BUSINESS ADDRESS: 108 WILLIAM BIJSTNFSS PHONE: (716) 601 -9393 COUNCIL DISTRICT: UN POLICE DISTRICT: APPLICANT NAME: ZAHRA SAEFD APPL. PHONE: (716) 685 -5657 APPLICATION NUMBER: 551701 REFERRAL DATE: 08/05/2008 REMARKS: DISAPPROVAL REASON: DATE: (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) DATE: APPROVED DTSIIOVED� DATE: DISAPPROVAL CALL BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * * REMARKS: INSPECTOR RM# EXT ] j NEW LICENSE 2009 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. RPPSillarpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY FALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCF FFRRACCIO APPLICATION FOR: MOBIL CITY LICENSE TYPE: FOOD STORE BUSINESS ADDRESS' 108 WILLIAM. BUSINESS PHONE (716) 601 -9393 COUNCIL DISTRICT: UN POLICE DISTRICT: APPLICANT NAME: CATIRA SA1 ED APPL. PHONE: (71.6) 685 -5657 APPLICATION NUMBER: 551701 REFERRAL DATE: Y 08/05/2008 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCYfDEPARTMENT REFERRED TO) C APPROVED DAT DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: * **REASON FOR DISAPPROVAL MUST BE STATE[) BELOW * ** REMARKS: INSPECTOR NEW LICENSE 2009 RM # EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. a��Tsrr�z.f r �.�:. #3 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 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 Unman Resources /Civil Service for the Appointment Effective: December 16, 2008 in the Department of Economic Development, Permit and inspection Services Division of Inspections to the Position of Director of Housing and Inspections Permanent, Provisional, Temporary, Seasonal (insert one) Exempt Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT jEnter Starting Salary) : Starting Salary of $ 65,17'8 LAST JOB TITLE Supervisor of Licenses NAME Patrick Sole, Jr LAST DEPARTMENT EDPIS DATE 3114/97 ADDRESS 12 Rosemary Ave LAST SALARY $59,664 CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -7267 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 16550001 TITLE CODE NO 5910 BUDGET ACCT. OBJ. 411001 PROD, ID PERSONNEL REQ. NO 2008x78 SALARY RANGE OF POSITION $ 65,178 PER YEAR DAY HOUR YEAR REASON FOR APPT- ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: James Comerford, Jr Deputy Commissioner of EDPIS December '15, 2008 UI^ IUMAL f ;J WF1t5 I U: LA I Y ULtKK MY /b=r VKe xrrvnv 11VICrV 1 ut" c OTHER COf'IE5 TO: #5- COMPTROLLER #6- HUMAN SERVI ESICIVI S RVIC #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE4S) P FROM THE COMMISSIONER OF HUMAN RESOURCES Dec 23, 2008 #4 (Rev 7 -07) Certificate of Appointment � In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the C=ity of Buffalo, I transmit this certification of appointmcnt(s) or promotion(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of Human Resources Employee Relations to the Position of Secretary to Commissioner of Human Resources Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) EXEMPT Open - Competitive, Promotional, Non - Competitive, (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 32,972 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Jacqueline White DATE ADDRESS 205 laurel Street CITY & ZIP Buffalo, NY 14208 LAST 4 DIGITS OF SSN, XXX -XX -7014 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 12553001 TITLE CODE NO 0345 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2008 - SALARY RANGE OF POSITION $32,972 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE: THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Karla L. Thomas Commissioner November 3, 2008 r d .t f' sra�ir ORIGINAL + 2 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #$- EMPLOYEE(S) � �k 1/3 (Rev 1 -02)� Certificate of Appointment In cornpliance with provisions of Section 24 -2 of the Charter and Chapter 35 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 its Schedule "A" have been certified or approved by the l lunnan Resources /Civil Set for the Appointment Effective: December 15, 2008 in the Department of Human Resources Division of Compensation & Benefits to the Position of Compensation & Benefits Specialist Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) INTERMEDIATE (Enter Starting Salary) : Starting Salary of $40,886 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Heather Machin DATE ADDRESS 14 Rosedale St CITY & ZIP Buffalo, NY 14207 LAST 4 DIGITS OF SSN, XXX - XX - 4265 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 12555001 TITLE CODE NO 1487 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO )Ook ' SALARY RANGE OF POSITION $37,950 - 43,837 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: was temporary re- appointed provisional ]NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING, AUTHORITY Karla L. Thomas Commissioner DATE: December 10, 2008 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK CONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- t3UDGET ##8- DEPARTMENT #9- €DIVISION #1 D EMPLOYEE {S) V t�rJ FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS Dec 23, 2008 Z . :y N�_. BYRON W. BROWN MAYOR To: Cominissioners John C. %)avis From: Chairman •: <1J h~� s°a ,.tea � �- .-� -�. � �I 1 Y O B U FF ALO COMMISSION ON CITIZENS' RIGHTS & COMMUNITY RELATIONS DAYSTA7. J. R0I)R1GtJ Z, )I)., LL.M. Police Oversight Committee, Common Council City of Buffalo Crystal J. Rodriguez, Executive Director Commission on Citizens' Rights and Community Relations Dana Bohincilek pate: December 10, 2008 Sherrill Colston Testimony of Crystal J. Rodriguez, Executive Director William Covinbton This testimony is being provided to the Police Oversight Committee of the Common Council Carol Speser for the City of Buffalo. The Board of Commissioners has asked that the following statements Kenny Simmons be made formally and made available to the public. This testimony is specifically regarding allegations that were printed in The Buffalo Criterion, VOL. 83 — No. 45, dated November 15- 21, 2008 In response to the article and numerous calls from citizens, I met with Inspector Patrick Stafford from the Professional Standards Division of the Buffalo Police Department. I am limited in what I can disclose but I have looked at Lt. Kwiatkowski's record in its entirety and would like to submit the following: • With regard to incident #1 discussed in article: o That was, in fact, an incident that occurred and the details are similar to those written in the article. However, the two individuals who were victimized NEVER identified then Officer Kwiatkowski as the officer who used any racial slurs and he was not the target of PSD's investigation. The officer who was identified as using racial slurs and excessive force was suspended for 5 days. Lt. Kwiatkowski has never been suspended in his 18 year career with BPD, • With regard to incident #2 discussed in article: o Then Officer Kwiatkowski was fully exonerated of the charges. Both black and white police officers testified at the hearing where this determination was made. • With regard to incident 43 discussed in article: 65 NJA(;ARA SQUARE / 1316(; (T1'Y HALL / BUFFALO, NY 14202 3,318 / (716) 951 -8000 / FAX: (710) 851 - 8002 / www. city- buFralo -cot" "� o The suspect /complainant that was ultimately arrested was intoxicated at the time of the incident and had been allegedly involved in at least two physical altercations on the morning in question. Then Officer Kwiatkowski was the 2"' officer on the scene and not the arresting officer. The suspect, who eventually filed a formal complaint with PSD, spat in the arresting officers face two times. He was placed under arrest, resisted and was injured as a result. The witnesses that were interviewed and corroborated these details included the establishment's security guard, off duty police officers, off duty corrections officers and civilians. Submitted by: Crystal J. Rodriguez Executive Director Commission on Citizens' Rights & Community Relations REFERRED TO THE SPECIAL COMMITTEE OIL POLICE OVERSIGHT SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL l TO: THE COMMON COUNCIL: DATE: December 16, 2008 FROM: DEPARTMENT: Mayor /Executive SUBJECT: [:Mayor Byron W. Brown [:Out of Town Travel PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Pursuant to Section 4 -4 of the City of Buffalo Charter, I will be out of state on Tuesday, December 16, 2008. hereby designate Commissioner Janet Penksa, Administration, Finance, Policy and Urban Affairs to perform the Mayor's duties in my absence. SIGNATURE 1S Byron W. Brown DEPARTMENT HEAD TITLE: Mayor, City of Buffalo REC,EIVF.D AND FILE U_ No. Liquor License Applications Attached hereto are communications from persons applying for liquor Iicenses from the Erie County Alcohol Beverage Control Board. Address 1853 Clinton St 30 Mississippi St 30 M7 ,i ssiiD�i St 508 .Peckham Street RECEIVED AND TILED Business Name Owner's Name 1853 Clinton St Charity DeCaro & Roy Schutraft Benehwarmers Quinn O'Brien Benchwarmers Quinn O'Brien (State Notice) Arty's Grill Paul 1 Kwiatkowski r r � � Dec 23, 2008 HEI.�LEUFJ?, CUOMO & O'CONNOR •rruvNvys Ar LAW Snyder Ptafe's'sit)TIal Center 4536 Maim Street fZ (�Ilald () O'Comior Ai"hci NY 14226-3828 Neil N. Cimino Tf_-I (716) 839-4001 Fix (710) 839-0964 December 15, 2008 Via Certified Mail Return Receipt Requested Buffalo City Clerk City Hall Buffalo, NY 14202 RE: Applicant: Charity DeCaro & Roy J. Schufraft Premises: 1853 Clinton Street, Buffalo, NY To whom it ma. concern: Reti hiuk N. Cuomo Please be advised that it is the intention of the above-named individuals, as principals of an entity to be formed, to apply for an on-pre-mises liquor license for premises located at 1853 Clinton Street in the City of Buffalo, New York. This not-ice is bein qcrved pursua 0 pp 10 the applicable r o, -equirernents rol tg Mi a m ficatior, lo sa isfak oJt Ve1T truly yours, Neil N. Cuomo cc: Charity DeCaro & Roy J. Schurraft The Irish I�aY LLC B Z1lissisSippi Street Buffalo Ny 14203 ('716 Decertxber 11, 2008 City (--']Irk CitY of Buffalo 65 Niagara S Buffalo NY 14202 hI: Benchkartzxers 10 Whonx It May Concern: r wri t1 a 9 °n .behave suite 200, Buffalo �f th e rz s.h Wa Previo t ' �1Y 14203 and 1 a Y (3ench«ai- txxc�,z5 tfce tvas isszzecl on I� • . zn a1'plYzn for ) located at 30 ccc-nxbe 17 g a ]iquot license Mississippi Strcet, 1'13axik You for , 2007 to the ci . for r3ench�,ar con ven i ence our assistance MY clerks c>Fficc. rners, t (716) 4 you Ixave ni at 18W 2617 1 f azay questicxns Sinc please contact Y your" ' I nc of yo �r �cuxzx ty }3rie11 l he lrzs Way I.LC; B enchw axmers f.) Q'I STATE OF *14. V VOD� EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL NOTICE OF HEARING PURSUANT TO SECTION 64(7) OR 64 -a(7) of the Alcoholic Beverage Control Law f .. TO: Applicant and Residence Address Communit Board /Munici alit : Quinn O'Brien Cityy of Buffalo RM 1308 642 Kenmore Ave t�ffice of the City Clerk Buffalo, NY 14216 Buffalo City Hall 65 Niagara Sanare Buffalo NY 14202 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64 -a (7) of the Alcoholic Beverage control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: An on- premises liquor license application was filed on 10120/08 with the State Liquor Authority for the following premises: Applicant's Name: Time: P lace of Hearing: NYS Liquor Authority Room: FDate: Buffalo, NY 14203 Electric Tower Building Suite 303 10 :00 AM 535 Washington St, Buffalo, NY 14202 An on- premises liquor license application was filed on 10120/08 with the State Liquor Authority for the following premises: Applicant's Name: Erie OP 3141127 The Irish Wav LLC Premises Address: 30 Mississippi St Suite 101 Buffalo, NY 14203 Testimony will be taken from: the applicant and/or an authorized representative, an individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at ( 716 ) 847 - 3060. Individuals who do not pre - register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. THERE WILL BE NO ADJOURNMENT OF THIS HEARING. DATE: STATE LIQUOR AUTHORITY Brandon W ayes, Executive O4�r, one Ill FORM: L.D.3 (8 /05) cb STATE OF NEW YORK standardized RENEWAL APPLICATION NOTICE FORM for Providing a o +. EXECUTIVE DEPARTMENT 3fl -IJaY Advance Notice to a Local Munici alit or Community Board r j r , 6 2 4 ,11 D .1100 nr .10110"- n rn ♦ E nv CONTROL ,.a. h n.h,";.r:nn r.. A me I.inrrnr prerhiW v of" 'a F1 wa a.r. vv R'.. .......... .. .,...,.,�., .... r. cc::.:ce::�n .. k: r .... .,�.,.,...,...... .. . .3a STATE LIQUOR AUTHORITY RenewallA Gcation €or an On- Premises Alcoholic Bevera a License um 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. is. 16. 18, 19. 20. 21, 22. 23. 24. 25. 26. 27. 26. 29. 30, Date the Original copy of this Notice was Mailed to the Local Municipality or Comm Board: r 2 a e, n f� +. ..c�+.i 6 . � (`- C L e k- 9e) Name of the Local Municipality or Community Board: 17 Y �' I� L`'Y` rQ � Street Address of Local Municipality or Community Hoard: f t y ` / v t-w NY Zip Code: City, Town, or Village: l) Telephone Number of Clerk of Local Municipality or Community Board: �^ } as �, i^ - + - 9 - .✓ St .l. *".� : - -`'a t' _ $1tlrt' Vi# ++C4 �"' .{� - =ESA -bc. Attorney's Full Name Is: r d Attorney's Street Address: - �7 �' (» Zip Code: f City. Town, or Vt)lage: t5 [ J �y Business Telephone Number of Attorney: M . . - * ' i c'} 4,�. .eW e � ��_. _.,,�_- �.._.z , ti t� ., 2_• t � 6 "F: }.3._ .. _ Type(s) of Alcohol sold under the License ('X" one : ❑ Beer Only ❑ Wine and Beer Only Liquor, Wine, and Seer Extent of Food Service: avem / Cockt' lounge / Adult Venue / Restaurant (Sale of Food Tavern - Restaurant (A mixed -use establishment that n T a 0 ❑ bil l Food Menu; ❑ has both a sit -down dining area and a "stand -up" bar 'mot Bar (Alcohol i6jes primarily - meets legal ( -g o ne primarily: Kitchen run by Chef) where patrons may receive direct deliverles of alcohol) minimum £ood'4vailabigty,requtrements) Type of Live Hotel C ; ❑ Disk Juke Patron Dancing Jockey Box ❑ (Small Scale) [] Cabaret. Night Club, Discothequal �apacity for 600 (Large Scale Dance Club) � ° Irnore patrons ❑ Establishmeut: Music OO { °X" all ❑ Club {e.g. Golf/ ❑ Bed & ❑Catering ❑Stage ❑Topless Other s, Shows Entertainment ❑ (specify): that apply) Fraternal Org.) Breakfast Facility Licensed Outdoor Area: None Roottop Patio Freestanding Garden / Other . ❑ or Deck ❑ Covered Structure ❑ Grounds F1 (Specify): Days and Hours Operation Magil" A - - 01 .QPM 1gesday /l :Ott a PM wednesdav & : L? #:' 9 PM ..... fty � (a�PM Fridaky C4 P M saturda9 : , M I Sunday / �.: t ~ ANOM of {Complete all: circle AM or PM) TO Y :( C_ �pM TO ` 1 !uv PM 'i'Q l P :6C' ' PM `/ : Do' Q PM i t` PM To r 7 : Z>MM TO Will the License !-colder or a Manager be physically present within the establishment during All Hours of Operation? ( "X' one ): YES ❑ NO vv �� al Ywr License Serial Number: r� C 17. Expiration Date: T he License Holder's Full Name, as it appears f . on the Alcoholic Beverage license Certificate" Is: The Full Name of the Establishment {the Trade Name under which the Licensed Establishment conducts business) is: The Licensed Establishment is located urithiaa the street building which has the following address: City, Town. or Village: O .. - ,/ /C) :) NY Zip Code: f� The Licensed Establishment is located on the following floor(s) of the building at the above address: Within the building at the above address, the Licensed Establishment is located within the roomis) numbered as follows: Business Telephone Number of Current License Holder: 1 ( - Does the License Holder own the If "YES'. SI4P Items No, 26.29. If "NO ". ANSWER items No. 26 -29, building in which the Licensed Complete the 3 entries �jj and complete the 3 entries Yes at Item No. 30. NO )c1 at Item No. 30. - V ❑ Establishment is located? ( one 77 7 7 4 y ° OYV13>vt�}1v °I >fBU1T1Y01 r lCf�'fiEI IE1SLrD f (A6LSFfN l E C?A31 Building Owner's Full Name is: Building Owner's Street Address: ( Zip Cod e: � f z { - City. Town, or Village: C �� . � e � / ( Business Telephone Number of Building Owner: ; I3ioid- th�3ti�risir or ipat aX t f>��l�e I�eI2r{' sen}atibY'Ls�''�� �onfori�t #.�ire�r�e'sentat�acns�q�oand db�ui�Salfieliec) tfpnft}, �+ �ilA�tlrtlri%' wh� 'g��khBeade`Itiil�liautllstr. L�11der�fiatldtltAF' repx�rtk "]�t�d�GitXt{ki$�ce�YiU81s4:bere 41 po . tha tli( icier- clay af$rnf iizldernal a#F�etjw y fiat tae repre�entatioF made fn•.s ford are tntc r' atatinns Yaag in tevcfii atoi of �cr sititre t v..7 Printed Name 7Yt3e // algnatum/ �1 �"' At Cry . T I�l�ll 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- x Assessment and Taxation- Judith McCabe Public Works, Streets & Parks- X Police- Sheryl Sanchez Fire- Corporation Counsel- Community Services- Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & urban Affairs- Human Resources- Civil Service CornTniSSion- RECEIVED AND FILED. Dec 23, 2008 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL ffwj •s THE COMMON COUNCIL: DATE: (: December 17, 2008 DEPARTMENT SUBJECT: (: Assessment and Taxation (: Judith McCabe (: Unpaid Leave of Absence C� PRIOR COUNCIL REFERENCE: (IF ANY) (: Ex. (Item No. xxx, C.C.P. xx/ndxx) Upon the employee's written request, with supporting medical documentation, I have granted Judith McCabe, Assistant to the Assessor in the Department of Assessment and Taxation a six (6) month extension of her unpaid medical leave of absence until June 26, 2009. SIGNATURE DEPARTMENT HEAD NAME: DEPARTMENT HEAD TITLE: Martin F. Kennedy Commissioner, Assessment & Taxation SINGLE. PAGE. COMMUNICATION TO ' HE' COMMON COUNCIL TO: THE COMMON COUNCIL, DATE: December 3, 2008 l FROM: DIJPAR`I'MENT DIVISION: POI,ICE SUBJECT: : Leave of Absence I: PRIOR COUNCIL, REFERENCE,: (IF ANY) 1: Item No. Ex. ( Item No. xxx C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE BELOW PO Sheryl Sanchez assigned to the E- District has been granted a personal leave of absence without pay for the period of one year commencing November 28, 2008 through November 27, 2009, LIMG /tlo TYPE DEPARTMENT HEAD NAME: B ron C. Lockwood TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Nov 24 08 06:22p Sheryl Sanchez ou I Daooaoa N. I P -12e DATE: NAME_ RANK: UNIT: '``LAST FOUR (Q) DIGITS ONLr TYPE OF LEAVE EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ MEDICAL ❑ FA MILY MEDICAL ❑ MILITARY ❑ PERSONAL THE FAMILY MEDICAL LEAVE IS A• 1a WEEK LEAVE FOR: CARE OF C 111LO, 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 {PSA NtEMBERS 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: n DATES OF LEAVE BEGINNING DATE: �%/ ,A� �� END DATE: ._ �_ _ RETURN DATE: LENGTH OF LEAVE: / c. r EMPL` YEE SIGNAT APPROVED I DENIED / C DATE CC: ORIGINAL. — ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL No. Reports of Attendance I transmit herewith communications received by one, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board. Board of Parking Board of Stadium and Auditorium X Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Home Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED. Dec 23, 2008 III SINGLE PAGE COMMUNICATION TO THE, COMMON COUNCIL TO: THE COMMON COUNCIL,: DA'I'S December 3, _2008 FROM: DEPARTMENT BUFFALO SEWY R AUTHORI`hY DIVISION ADMINIS'CRA`I'IVI��. SUBJECT" [: BOARD AT'l'ENDANCI_ EN FR PRIOR COUNCIL REFERENCE: (IF ANY) : This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on December 3, 2008, in Roorn 1038 City Hall: Herbert L. Bellamy, Jr., Chairman John D. Kennedy, Sr., Vice Chairman. Christopher Roosevelt, Assistant Vice Chairman Eleanor C. Wilson- DiVincenzo, Secretary John I3. Kennedy, Jr., Assistant Secretary Absent: None DEPAR'T'MENT HEAD NAM DAVID P. COMERFORD TITLE GENFIRAL MANAGER SIGNA TURE' OF IDI3PAR'I'MI N"I' lII?AD: No. Notices of Appointments - Seasonal /Flat I transmit herewith certificates received by tne, reporting seasonal and flat salary appointments made in various departments. RECELVED AND FILED. Dec 23, 2008 #3 (Rev E -02) Certificate of Appointment In co€rrphance with provisions of Section 21-2 of the Charter and Chapter 35 -1 of the Ordinances of tlrc City of ffid alo, I transmit this eerli€icatiolt of appointment(s) or promotion(s). I further certify that the 11uson(s) mimed in Schedule "A" have been ecoiticd or ippfoved by the t.luman Resoutces /Civil Service for the Appointment Effective: December 10, 2008 in the Department of Division of Assessment and Taxation to the Position of Clerk -- Seasonal Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Miniml_lm, Intermediate, Maximum, Fiat (Insert one) FLAT Enter Starting Salary) : Starting Salary of $11.11 LAST JOB TITLE Seasonal Cleric NAME Sharone Lewis LAST DEPARTMENT Assessment/Taxation DATE 211!2008 ADDRESS 218 East Ferry Street LAST SALARY $11.11/hour CITY & ZIP Buffalo, New York 14208 LAST 4 DIGITS OF SSN. XXX -XX -5868 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10647001 TITLE CODE NO 0010 BUDGET ACCT. OBJ. 4112002 PROJ. ID PERSONNEL REQ. NO 2007 -242 SALARY RANGE OF POSITION $11.11 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Martin F. Kennedy TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: December 10, 2008 SIGNATURE OF APPOINTING AUTHORITY: , k ORIGINAL + 3 CUPILS 10: (A l Y ULLRK WNMEf - ORL APPUM-UL€V I UA I E) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIML SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) x .. 44' .9 4 Y. I 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. 4 Dec 23, 2008 iM Rev 7 -01) Certificate of Appointment In compliance µi Ili provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transrnit this cerlification of appointmenl(s) or -; promoiion(s ) _ I further certify that the persun(s) named in Sehedule "A" have been certified or apyraved by the Haman Resources /Civil Service for the Appointment I f lective- 12104/2008 in the Department of Fire Division of Fire to the Position of Senior Administrative Assistant Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, (Insert one) PROMOTIONAL„ Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary): Starling Salary of $ 43,799 LAST JOB TITLE Administrative Assistant NAME Jilt Parisi LAST DEPARTMENT Fire DATE ADDRESS 104 Portland St LAST SALARY $42,994 CITY & ZIP Buffalo, New York 14220 LAST 4 DIGITS OF SSN, XXX -XX -7556 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12131001 TITLE CODE NO 1390 BUDGET ACCT. OBJ. PROJ. ID PERSONNEL REQ. NO 2008 -81 SALARY RANGE OF POSITION $43,799 - $50,864 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Patrick T, Lewis TITLE OF APPOINTING. AUTHORITY: Deputy Commissioner of Fire DATE: 112108 /2904 SIGNATURE OF APPOINTING AUTHORITY: ORIGIN + 2 COPIFS TO: CITY C .I RK„ QWBEFOR DA El 2iw COPIES T3: M3- GC "r,RTnGLLER t,4- HUIrAN SERViCFSICiVlL ERVIGE 45- BUDGET #6- DEPARTMENT #7- DIVISION #&- EMPLOY! =E(S] i A (Re•. 7 -07) C rrul: C aW Wrw r+rpparrwrtrrrrr. br compliance lvith pro,unc s or Section 24 -2 of II }e Charter and Chapter 35 -1 of the Ordinances of the City or R,atfalo, t transmit this certification of appointment(s) or promotion(s). t fuather certi €y that the person(s) named in Schedule "A" Irave been certified or approved by the Human ResonreeslCivil Service for tlse ' Appointment Ef1betive: 12101/2008 in the Department of Fire Division of Fire to the Position of Senior Administrative Assistant Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non- Competitive, (insert one) PROMOTtt)NAI� Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 43,799 LAST JOB TITLE Administrative Assistant NAME Jill Parisi LAST DEPARTMENT Fire DATE ADDRESS 104 Portland St LAST SALARY $42,994 CITY & ZIP Buffalo, New York 14220 LAST 4 DIGITS OF SSN. XXX -XX -7556 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12131001 TITLE CODE NO 1390 BUDGET ACCT. OBJ. PROJ, ID PERSONNEL REGI, NO 2008 -81 SALARY RANGE OF POSITION $43,799 - $50,664 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Patrick T. Lewis TITLE OF APPOINTING, AUTHORITY: Deputy Commissioner of Fire DATE: 1 .. SIGNATURE OF APPOINTING AUTHORITY:h''�� �3 CRE 1." ,zt > Z COPIE F0RE A P Iti T.' — FIN T „ t3A TE) OTHER COPIES 3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUQGET #6- DEPARTMENT #7- DIVISION #8- 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 appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the human Resources /Civil Service for the Appointment Effective: 6 in the Department of Public Works Division of Engineering to the Position of Engineering inspector Permanent, Provisional, Temporary, Seasonal (Insert fine) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) MINIMUM jEnter Starting Salary) : Starting Salary of C� LAST JOB TITLE NAME William R. Barton LAST DEPARTMENT DATE ADDRESS 37 Winter Street LAST SALARY J &o CITY & ZIP Buffalo, NY 14213 LAST 4 DIGITS OF SSN. XXX -XX 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 13112001 TITLE CODE NO 3100 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2007103 SALARY RANGE OF POSITION p_a, 4 '-` PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: �) NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING, AUTHORITY: 1 148 SIGNATURE OF APPOINTING AUTHORITY: DATE Steven J. Commiss O RIGINAL + 3 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #5- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEIM 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 appointmenr(s) or proniotion(s). 1 further ccrtify that the person(s) named in Schedule "n" have been certified or approved by the human Resources /Civil Service for the Appointment Effective: in the Department of Public Works Division of Streets to the Position of Equipment Operator Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY Appointment, Promotion, Non- Competitive (Insert one) PROMOTION Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of. $28,179 LAST JOB TITLE Truck Driver NAME John Baker LAST DEPARTMENT DPW DATE 12108 ADDRESS 915 Clayton Street LAST SALARY 27,646 CITY & ZIP Buffalo, NY 14207 LAST 4 DIGITS OF SSN. XXX-XX -0799 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS O SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 6040 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -077 SALARY RANGE OF POSITION $28,179- $31,838 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak t TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: OS r SIGNATURE OF APPOINTING AUTHORITY_2`'� ca ORIGINAL _+ 3 COPIES TO: CITY CLERK (IJNIBEFORE APPC}It ITMENT DATE} OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #S- DEPARTMENT #9- DIVISION 410- E MPLOYEE(S) #3 (Rev 07/03) Certificate of Appointment , i r Mayor's e Approval: In Compliance with provisions of Section 24 - 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 c6rtified or approved by the Department of Human Resources /Civil Service for the Appointment Effective: Decem 15, 2008 PERSONNEL REQ, NO, 200 8 — 2 9 REQUIRED in the Department of: Police Division of: to the Position of: School Crossing Guard LF! ermanen# Provisional Tem ora Seasonal - Insert One T emporary ( Appointment, Promotion Non-Competitive) Insert One : _N n-Competiti (Minimum, Intermediate, _Maximum, ria_ - iinsert Onef a"r tire: Mi n i MUM (Enter Starting Salary] Starting Salary of: $ 9.90 Schedule "A° LAST JOB TITLE: Name - - -[ : LAST DEPT.: DATE f Address - - -[ LAST SALARY: $ D.O.B.: XX 1XX City & Zip - - -[ Last 4 digits of S.S.N.: /XX/ 19 64 LAST JOB TITLE: Name - - -[ LAST DEPT.: DATE / Address - - -[ LAST SALARY: $ D.O.B.: /XX /XX City &Zip [ Last 4 digits of S.S.N.: /XXI LAST JOB TITLE: Name - [ : LAST DEPT.: DATE / Address LAST SALARY. $ D.0.9,: City & Zip -- -[ .' Last 4 digits of S.S.N.: /XX/ -- ------------------- — ----- -_. ------------------ ------------------------------------------ LAST JOB TITLE: ------ Name . - ---[: LAST DEPT.: DATE 1 Address - - -[ : LAST SALARY: $ - D.O.B,:XX /XX /XX City & Zip - - -[ Last 4 digits of S.S.N.: LAST JOB TITLE: Name - - -[ : LAST DEPT.: DATE i Address : - - -[ : LAST SALARY: $ D.O.B.:XX / XXIXX Ci & zip - - -[ : Last 4 digits of S.S.N. : XXXIXX / Sh eila Brown 19 2 Reitz Ave. _—D j u lfalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET O RG. CODE.: - 1 TITLE CODE NO.: 2010 BUDGET ACC ` ��p3QD14120�71 PERSONNEL REQ. NO.: SALARY RANGE OF POST I PER: YEAR ❑ DAY ❑ HOUR] $9.90 - $10.10 REASON FOR APPT, ABOVE THE MINIMUM: TYPE NAME= OF APPOINTING AUTHORITY: n TYPE TITLE OF APPT, AUTH . Commissioner of Police DATE �t D a I U SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL. + 3 COPIES TO CITY CLERK (ON / BE_FORE APPOINTMENT DATE) OTHER COPIE TO #5 - COMPTROLLER #F — . HUMAN RESOURCES SERVICE #7 — BUDGET #8 — DEPARTMENT #9 — DIVI SION #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. i 1`� 43 (Rev 1 -02) Certificate of Appointment Y In comptiance 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 appoinhnent(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Unman Resources /Civil Service for the Appointment Effective: in the Department of Division of December 15, 2008 Human Resources Civil Service to the Position of Personnel Assistant (Civil Service) Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $31,391 LAST JOB TITLE NAME Nichalos Heidinger LAST DEPARTMENT DATE ADDRESS 172 Alabama St -AST SALARY CITY & ZIP Buffalo, NY 14204 LAST 4 DIGITS OF SSN. XXX - XX - 3586 -AST JOB TITLE NAME -AST DEPARTMENT DATE ADDRESS _AST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE MIDGET ORG. CODE 12554001 TITLE CODE NO 1371 WDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL, REQ- NO 2008 - >ALARY RANGE OF POSITION $31,391 - $35,111 PER YEAR DAY HOUR YEAR ZEASON FOR APPT. ABOVE THE MINIMUM_ IAME OF APPOINTING AUTHORITY: Karla L. Thomas ITLE OF APPOINTING. AUTHORITY: Commissioner SATE: DeQem ber 10, 2008 IGNATURE OF APPOINTING AUTHORITY: 4 Of21GINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER 46- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT 99- DIVISION #10- EMPLOYEE(S) E� NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS Dec 23, 2008 THE i Tel A 11 A 7 fi l El Y T T' A Y T �EGALJ n1l"u B a al�..>G.�-�. (i OF BUFFALO, INC. :; )AVID C_ SOHOPP Gaercutive Attorney 237 Maim Strect - Suite 1602 BIIf llo, New York 14203 -2778 Phone 716 - 853 -9555 Pitx 716 - 853 -3219 CIVIL L EGAL SYIZVICES UNIT LPSAR.GRADAWT R' Senior Staff Atlomey StllrAtwmgs S11EtRR(it; MEADOWS MKMA17. I. Pncifico Nn ornt3 k;- PATMRsON December 4, 2008 Gerald Chwailnski, City Clerk City Hall, 1.3"' Floor 65 Niagara Square Buffalo, NY 14202 Attn: Hon, Brian C. Davis Chairperson of Finance Committee Dear Chairperson Davis, Enclosed please find a copy of our Monthly Reports and Monthly Activity Reports for October and November 2008. Please feel free to call me at 853 -9555 Ext. 453, or our Housing Attorney, Sherree Meadows, at 853 -9555 Ext. 555, if you have any questions. Ve truly yours, Dorothy Adam Investigator Housing Unit Enclosures REGEME-D AND FILE Y R �.�oa w.,rrrTw TH . T.FCYAt . Am RURF,AIJ OF BUFFALO, INC. HOUSING COMPONENT of the CIVIL LEGAL SERVICES UNIT MONTHLY REPORT FOR OCTOBER 2008 Cases on Hand on October 1, 2008 335 New Cases Received 280 Closed Cases Reopened 1 616 Cases Closed 312 Cases on Hand on October 31, 2008 304 COUrt Appearances: 318 Sherree Meadows, Esq. 248 David Chadwick, Esq. 35 Lisa Gradaseevic, Esq. 20 Nadine Patterson, Esq, 15 Total Cases Received Since January 1, 2008 673 Total Cases Closed Since January 1, 2008 620 D DAVID C. SCHOPP Cj EXECUTIVE ATTORNEY The Legal Aid Bureau of Buffalo, Inc. Housing Component of the Civil Legal Services Unit 1 "` October 2008 Report Page 2 SOURCE OF CASES Forster Client 17 Ref. By Forster Client 0 Lawyer 0 Agencies 2 Publicity 0 City 254 County 0 State 0 Federal 0 Other 7 280 CLASSIFICATION OF CASES Contracts 0 Evictions (Property Condition At issue) 7 Evictions (Property Condition Not At Issue) 15 Evictions (Discrimination) 0 Foreclosures (Tax, Sewer Rent, User Fee, Water) 246 Lock -Outs 0 Ordinance Violations 12 Repairs 0 Security Deposit 0 Water Shut -Offs 0 Miscellaneous 0 280 SOURCE OF INCOME Employed 102 Welfare 9 Unemployment insurance 8 Social Security /Pension 29 Disability 42 Other 74 Unknown 16 280 The Legal Aid Bureau of Buffalo, Inc. Housing Component of the Civil Legal Services Unit October 2008 Report Page 3 1. INVESTIGATED & CLOSED AT INITIAL INTERVIEW a. Financially Ineligible 3 b. Referred Elsewhere 2 C. Advice Only 19 d. Conflict 1 25 11. DISPOSE OF WITHOUT LITIGATION AFTER INITIAL INTERVIEW a. Investigated & Advised 28 b. Settled 1 C. Other 0 29 EVICTION LITIGATION a. Successfully Concluded for Landlord 2 b. Unsuccessfully Concluded for Landlord 3 C. Successfully Concluded for Tenant 15 d. Unsuccessfully Concluded for Tenant 1 e. Problem Resolved 0 f. Other 0 21 IV. ORDINANCE VIOLATION LITIGATION a. Successfully Concluded 18 b. Unsuccessfully Concluded 3 c. Other 0 21 V. FORECLOSURE LITIGATION (Taxes, Sewer Rent, User Fee, Water) a. Successfully Concluded 192 b. Unsuccessfully Concluded 8 200 The Legal Aid Bureau of Buffalo, Inc. Housing Component of the Civil Legal Services Unit October 2008 Report Page 4 V1. OTHER LITIGATION a. Successfully Concluded Emergency Motions 0 b. Unsuccessfully Concluded Emergency Motions 0 C. Other --- Successfully Concluded 0 d. Other — Unsuccessfully Concluded 0 0 VII. TERMINATED BY CLIENT a. Lapsed 9 b. Withdrawn - Problern Resolved 5 C. Withdrawn a Other 2 16 312 i ' r MONTHLY ACTIVITY REPORT ' CDBG YEAR 34 THE LEGAL AID BUREAU OF BUFFALO INC. OCTOBER 2008 SUMMARY OBJECTIVE To provide services to a total of 205 unduplicated program participants by the end of the contract period. NUMBER OF UNDUPLICATED PERSONS SERVED THIS MONTH: 280 (exclude persons served during the previous months of this CDBG year) 4601 UNIT OF SERVICE OBJECTIVES To provide Client Interviews /Advice for Homeowners,.. Landlords,. Tenants serving an average of I participant per session, and offering at least 15.5 sessions per month for 10 months during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 345 (attendance this month) 4602 To Provide Court Appearances for Homeowners Landlords & Tenants serving an average of I participant per session, and offering at least 50 sessions per month, for 110 months during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 318 (attendance this month) 4603 UNIT OF SERVICE OBJECTIVES To provide Settlement Negotiation for Homeowners Landlords Tenants serving an average of 1 participant per session, and offering at least 4 sessions per month for 10 month during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: (attendance this month) 299 4604 To provide investigations of Housing Conditions of Homeowners, Landlords, Tenants (target group) serving an average of I participant per session, and offering at 4 sessions per month, for 10 months during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 4605 5 To provide Advice over the Telephone for Homeowners, Landlords, Tenants (target group) serving an average of 1 participant per session, and offering at least 150 sessions per month, for 10 months during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 297 To provide Presentations for Homeowners Landlords Tenants (target group) serving an average of 25_ p articipants per session and offering at least 2 sessions during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: Vu,urtttttutt QLAMICIi City of Buffalo RICHARD A. IFONTANA MAJORITY LEADER LOVEJOY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1414 City Hail BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5151 ♦ FAX: (716) 851 -5141 December 18, 2008 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 RE: 2009 Capital Improvement Budget Dear Mr. Chwalinski: CHAIRMAN BUDG[T COMMITTLE C MMITrEE.S CLAIMS COMMUNITY DLVLI.OPML.NT F]?UCATION MBEC RULES SENIOR LEGISLATIVE ASSISTANT RO5LlTA J. KENNn)Y LEGISLATIVE AIDE BRYAN BOLLMAN Please file the attached item for further discussion at the next Common Council session to be held Tuesday, December 23, 2008. Thank you in advance for your assistance with this matter. Sincerely, Richard A. Fontana Lovejoy District Councilmember b. r - • •• �i 1 � University, $277,500 Delaware, $370,000 Sout 'e, $321,000 ovejoy, $107,000 Barth, $326,796 Niagara, $97,638 Masten, $2,974,600 Excludes Citywide Projects South, $1,31 X965,765 Fillmore, $1,064,150 North, $1,069,946 Niagara, $1,162,4 Lovejoy, $850,150 Masten, $3,567,750 Includes Citywide Infrastructure, but excludes all other Citywide Projects. University, $1,020,650 Delaware, $1,113,150 Ellicott, $965,765 South, $774,227 Fillmore, $321,000 Lovejoy, $107,000 North, $1,069,946 Niagara, $1,012,468 Masten, $3,567,750 U Includes partial Citywide Infrastructure, but excludes all other Cityvuitle. Projects.. Delaware, $370,000 University, $1,020,650 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0 ■ Mayor's Recommended Council Approved After Mayor's Veto Excludes Citywide Projects MIC"AEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL - BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5169 4 FAX: (716) 551 -4294 E -mail: €nkearns @city- buffalo_co €n MEMORANDUM TO: Gerald Chwalinski FROM: Councilmember Kearns DATE: December 3, 2008 RI: Executive Summary of Skyway Study CHAIRMAtj FINANCE WATERFRONT DEVELOPMENT COMMITTEES BUDGET BURA CIVIL SERVICE CLAIMS RULES LEGISLATIVE ASSISTANTS MARTHA -ANN MURPHY KELLY M. KRUG RUSSELL- C. WEAVER I would like to file the attached information for the next Common Council meeting to be held on December 9, 2008. Thank you. , 'Tor the People' f'r i At-AN F. TAYLOR, P.P. REGIONAL DIRECTOR November 21, 2008 Honorable Michael Kearns Cornrnon Council Member, SOLIth District 1413 City Hall Buffalo, NY 14202 ASTRIF3 C. GLYNN COMMISSIONER Re: BUFFALO SKYWAY MANAGEMENT STUDY Dear COUncil Member Kearns The New York State Department. of Transportation is pleased to announce the completion of the Buffalo Skyway .Management Study. In. the past, you have expressed interest in the Skyway and its impact on transportation and economic development. The Executive Summary and lull version of the report are available for download at the following website: litti)s: //www.yiysdot. g )N regional- offices / rr 2ior15 /other -to )ics In addition, I have enclosed a copy of the recent news release on the topic. If you have any questions or would like a hard copy of the report, please call me at 716 -847 -3238 or Gary Gottlieb at 716 --847- 3241.. Sincerely, Alan Taylor RE, Regional Director AET /G V G /PN /lk Encl. STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION REGION FIVE 100 SENECA STREET BUFFALO, NY 14203 www.nysdot.gov F `� M)T TH P CIA. COMMI N WA"I`ERI ETON I DEVELOPMENT cc: Gary V. Gottlieb, Regional Planning and. Program Manager i NEW YORK STATE ROUTE 5 BUFFALO SKYWAY MANAGEMENT STUDY EXECUTIVE SUMMARY PIN 5134.31, BIN 1001579 CITY OF BUFFALO ERIE COUNTY OCTOBER 2008 4 m � C..,,- ...! /l. -M_1 G f 5 '�� ✓ ,?" :x e -"" i Bergmann associates New York State Dep��rtmerkt of Transportation In association with: f a � a r t ti e r 5 I p Skvwav Manaizement Studv PIN 5134.31 / D025511 City of Buffalo, Erie County Page ES -2 Executive Summary InfrndIIrlinn The Buffalo Skyway is an elevated steel bridge. 100 feet over the Buffalo River and 1.1 miles in length. It is an expressway link of New York State Route 5 connecting the southern suburbs of Erie County with the Business District of the City of Buffalo, northern suburbs of Erie County and Interstate 190. It serves local, regional, intrastate, national and international travelers. The Bridge is located at the edge of Central Business District of Buffalo and directly interchanges with Interstate 1.90. The Skyway has been the subject of considerable public debate in Western New York. Much of the discussion has focused on its structural integrity and safety for vehicles traversing the elevated structure. Some community officials consider the bridge a barrier to Waterfront development and feel that it occupies valuable real estate. Consequently, they want it removed. The New York State Department of Transportation commissioned this study to evaluate the functional state of the Skyway with respect to the following: • Bridge Condition and Vulnerabilities • Existing Traffic and Travel Patterns • Future Traffic Demands • Accident and Incident Analysis • Skyway Bridge Management Options This study was conducted to assemble factual information on the operational characteristics of the Skyway and make this information widely available to the public and community officials. NYSDO'I' will use this information as the basis to guide future management decisions for the bridge. The study is not intended to evaluate alternatives to the Skyway if it were to be removed. It is certain that removal of the Skyway would have significant impacts to the regional highway network and travel patterns and would require a thorough analysis tinder the National Environmental Policy Act (NEPA) and the State E,rivironmental Quality Review Act (SEQR). Such analysis is beyond the scope and intent of this study. Construction of the Skyway and its associated on and off ramps began in 1950 and was completed in 1956 under five different contracts and at a cost of approximately $9.6 million ($129 million in 2006 dollars). The on and off ramps to the southbound 1 -190 were constructed under two additional New York State Thruway Authority contracts. The Skyway is a grade separated structure that carries traffic on Route 5 over the Buffalo River and Buffalo Ship Canal and is approximately 5800 ft long and consists of 48 piers and 53 spans. In addition, there are four ramps that provide access on and off the Skyway. The Skyway is elevated to provide 100 feet of vertical clearance above the low water elevation of the Buffalo River and Buffalo Ship Canal. The horizontal clearances for shipping under the Skvwav Mana�_ Study PIN 5134.31 / D025511 City of Buffalo, Erie County Page ES -3 Skyway are 215 ft for the Buffalo River and 193 ft for the Buffalo Ship Canal. A .number of Great Lakes freight ships pass under the Skyway each year. According to the U.S. Coast Guard. District 9 (Cleveland) office, shipping on the Buffalo River has fluctuated in the past few years, with usage currently on the rise. The office was unable to provide an exact usage number without completing additional analysis. Data from local shipping enthusiasts, who monitor commercial shipping traffic and are associated with the group Great Lakes and Seaway Shipping, indicate that there were approximately 45 commercial transits of the 2 channels under the Skyway in 2006 (Each transit is comprised of one trip up and one trip down the channel, or a total of 90 passages under the bridge). In addition, an additional 50± transits were made by the Fire Tug Cotter and her ice breaking trips, Great hakes towing tugs, and marine tugs moving barges. Occasional dredging operations also increase channel marine traffic. A proposed Ethanol plant located upstream of the Buffalo River from the Skyway could add another 45 transits per year. Marinas immediately north of the Skyway moor numerous high mast sail boats that .may occasionally wish to head south under the Skyway bridge. Skvwav Structural_ Conditions The superstructure of the bridge, excluding the deck, is constructed of steel. 'T'he piers located adjacent to and north of the 1 -1.90 underpass are also built of steel, along with the piers on Ramp C and the'll - truway Loop Ramp. A paint system is used to protect the steelwork from corrosion. The original paint system and some subsequent coats used lead based paint with asbestos filler. From 7999 to 2005 a project was undertaken, and progressed under several contracts, to remove the Iead -based asbestos - containing paint from the Skyway and repaint the steel. In 7.994, a separate contract was let to replace the deteriorated steel catwalk system that runs under the deck. The catwalk allows for bridge maintenance and inspection access. Other deteriorated steel components, including floor beams and stringers, were also repaired or replaced at that time. Reinforced concrete was used for the construction of the deck, abutments, a majority of the piers, and all of they pier footings. The concrete piers that support the Skyway are generally in good condition with some delamination and spalling at the tops of several piers. In 1990, the concrete substructures underwent an extensive $9.3M rehabilitation The structural conditions of the Skyway structure indicate that today, the primary and secondary steel members are generally in good condition with some areas of minor deterioration. '.I'hese areas of minor deterioration appear to be localized primarily to web stiffeners, lower web plates, connection plates and cover plates and do not affect the structural integrity of the bridge.. "the concrete deck of the Skyway is generally in fair condition. Traffic Volumes and Speeds To obtain the travel characteristics of vehicles crossing the Skyway Bridge, several data collection efforts occurred. Peak hour manual counts were collected for 20 highway and bridge Skvwav Management Studv PIN 5134.31 / D025511 City of Buffalo, Erie County Page ES -4 locations and a continuous machine count our the bridge was conducted. Vehicles were recorded by type during the manual peak hour commuter counts to identify heavy vehicles - those with either two or more axles or vehicles with dual tires on at least one axle. During the continuous count effort, vehicles were counted by direction of travel as they crossed the bridge and locations of distribution. 'Phis information provided a clearer picture of the directional bias of travelers during peak comt -luter periods. Results show that the Annual Average Daily Traffic volume (AADT) on the Skyway is 43,400 vehicles as measured in 2008 by MSD(YI'. Approximately 4,500 vehicles use the Skyway in both the eastbound and westbound directions during the: AM peak hour and 3,900 vehicles during the PM peak hour. Of those vehicles, 6.5 percent are considered heavy trucks. Figures FS-1A and ES -113 show the peak hour volumes. Table. ES-1 is a summary of traffic volumes. Figure ES-2 shows the distribution of Skyway traffic as it approaches I -190 and the downtown City of Buffalo area. A Travel Time & De ay study was performed for four roads that included segments of. a) NYS Route 5 - between Church Street and Tifft Street b) Ohio Street - between Michigan. Street and NYS Route 5 c) South Park Avenue - between Michigan Street and Bailey Avenue d) Interstate 190 - between Elm /Oak interchange and 1 -90 Interchange The study was conducted during weekday peak period commuter tunes by direction of travel - inbound and outbound toward the Central Business District of the City. The travel tine information collected quantified the typical peak period operating speeds of vehicles. Typically, vehicles during the morning commuter period travel on the bridge at a speed of approximately 56 mph outbound from and. 48 mph inbound toward the City. During the afternoon peak commuter period, traffic typically travels 53 mph inbound toward the City and 55 mph outbound from the City. Skyway Management Study PIN 5134.31 / D025511 City of Buffalo, Erie County Page ES -5 Figure ES -1A Year 2008 Peak Hour Volumes - Upper Bridge Section SKYWAY MANAGEMENT STUDY PEAK HOUR TRAFFIC VOLUMES LOCATION 1 Al4 PEAK: 2;970 PM PEAK:. 3.360 LOCATION 2 AI -A AK: 3,421 PM PEAK: 2,6 IOCATiON 3 , ,,; PEAK: 825 PP,.# ?EAK: '333 LOCATION 4 AM 'Ekr 1 ,704 ?Mv,PEAK: 82G LOCATION 5 AM PEAK: ':50 PNt PEAK: 819 LOCATION d AM P =,AKt '85 PM P AK: 29 LOCATION 7 AM P EAK.: 218 PM PEAK° 7':3. .. ;a GaF,�'PER3vFFAlG- hktC�G.A.'kR �� . eaxnx� nes� +nr��x Skyway Management Study PIN 5134.31 / D025511 City of Buffalo, Erie County Page ES -6 Figure ES -1B Year 2008 Peak Hour Volumes - Slip Ramps of NY Route 5 SKYWAY MANAGEMENT STUDY PEAK HOUR TRAFFIC VOLUMES LOCATION 14 AP.1 ? =_AK.: 50 ?tvt PEAK: 20 LOCATION 17 AM P -AK:.0 PM P =AK: 40 L 7 0CATION T8 A1aA P=AK; 15 I'M PEAK: °2 LOCATION 15 AM P_AK: ?22 PM PEAK: 266 LOCAT ION 16 p[ AM P =AK::76 PM PEAK: 507 b LOCATION 14 AM P =HAK: 486 PM PEAK: 1 I LOCATION 20 ANN P= =AK: 564 PM PEAK,: W �F�ar�.e- se�rF��aa�c��ama Skyway .Management Study PIN 5134.31 / D025511 City of Buffalo, Erie County Page ES -7 Table ES -1 Skyway Bridge Traffic & Travel Patterns - Year 2008 TRAFFIC VOLUMES DAILY 43,400 AM PEAK HOUR 4,500 PM PEAK HOUR 3,900 DIRECTIONAL FLOW OF VOLUMES AM PEAK HOUR 76 % INBOUND, 24 % OUTBOUND PM PEAK HOUR 6 W, OUTBOUND, 32 % I NBOUND PERCENT OF TRAFFIC HEAVY VEHICLES DAILY 6.5 AM PEAK HOUR 5,4% PM PEAK HOUR 4.6% TYPICAL OVERALL OPERATING SPEED ON SKYWAY AM PEAK HOUR INBOUND 48 MI'H OUTBOUND 56 MPI.I PM PEAK HOUR INBOUND 53 MPH OUTBOUND 55 MPH Skvwav Management Study PIN 5134.31 / D025511 City of Buffalo, Brie County Page ES -8 Skyway Manaveme;if gtvtdv { PIN 5134.31 / D 025511 City of buffalo, Erie County Page ES-9 Future Traffic Traffic forecasts were developed from information provided by the regional Metropolitan Planning Organization (MPO), Greater Buffalo Niagara Regional Transportation Council (GBNR'I'C). '.Phis agency is responsible for forecasting regional traffic growth. GBNRTC provided year 2030 AM and PM peak hour travel forecasts for the Skyway and surrounding road system using a calibrated and approved travel forecast model. The future travel forecasts were developed for the "existing plus committed" highway system.. The increase in traffic forecasted for year 2030 volumes was predicated on certain highway improvements being constructed by year 2012. Funding has been committed by area governmental agencies to insure implementation. Specific projects within the immediate area of the Skyway Bridge considered being "committed" and affecting roadway capacity are the following projects: • Ohio Street - between Louisiana. Street and Michigan Avenue will be constructed as a 3 lane road with one travel land in each direction and a center two -way left turn lane. • Fuhrmaiun Boulevard - between Michigan Avenue and 'Fifft Street will be reconstructed as a two -way road. A comparison of capacity to existing and forecasted daily volumes is shown in Figures FS-3 and ES -4. Skyway Management quildv PIN 5134.31 / D025511 0 k N � e R ilw S F. WE g. i" Skl irisxiingcficciit Study PIN 51.3431 / D02551.1 City of Buffalo, Erie County Page ES -12 Accident Review and Analysis A review of accidents that occurred on the Skyway was conducted using police reports of collision investigations. Collision information documented on MV -104A forams was provided by the Buffalo Police Department. The information encompassed a period of slightly more than four years, inclusive froze December 1, 2002 through December 31, 2006. The Skyway is 1.1 miles long and accommodated typically 43,400 vehicles per day during 2007. A total of 94 accidents were reported by the Buffalo Police Department between December 1, 2002 and December 31, 2006 on the bridge. During this report period, the average accident rate for the Skyway between the west (south) end and I -190, was 1.00 accidents per million vehicle miles of travel (acc /mnvmt). ['his rate is approximately 32 percent less than the statewide average rate of 1.47 acc /mvmt for a fully access controlled 4 lane divided highway. An accident rate of 1.34 acc /mvmt occurred for the Skyway 4 lane divided highway between 1 -190 and Church Street. This is approximately 9 percent less than the statewide average rate of :1.47. Clusters of accidents occurred at two spots on the bridge. Cluster 1 is located at the juncture of they eastbound Skyway and an exit ramp to southbound 1 -190. A total of 13 accidents occurred at this location during the study period. This total produced an average accident rate of 0.40 acc /mev. 'I his is approximately 2.5 times greater than the statewide average rate of 0.16. Cluster 2 is located at the juncture of 1 -190 southbound exit ramp onto the westbound Skyway. This cluster experienced 24 accidents during the study period. This total produced an average accident rate of 0.75 accidents per million entering vehicles (ace /mev). This rate is approximately 6.8 times greater than the statewide average rate of 011. Collectively, these two clusters of accidents represent 37 of the 94 total accidents on the bridge during the study period, or approximately 39 percent. Skyway Incidents Additional information about "incidents" reported and provided by the Buffalo Police Department was reviewed. Incidents are recorded as calls to the police department that may require their assistance. These include calls regarding abandon and stalled vehicles, debris on roadway, persons on bridge, assistance with work zones for construction and roadway maintenance, assistance with utility companies, drunk drivers, vehicles speeding, issues with traffic control, and accidents. Incident reports were provided for a four year period inclusive of January 1, 2003 through December 31, 2006. Table FS -2 shows a summary of the reports. Figure ES-5 shows a distribution by incident type. Sky aay lY an[agen ent St PIN 5134.31 / D025511 City of Buffalo, Erie County Table ES-2 1t� Paize ES -13 Skyway Incidents Reported By Buffalo Police Department INCIDENTS YEAR TOTAL AVERAGE PERCENT PER YEAR AVERAGE NUMBER PER YEAR Description Type 2003 2004 2005 2006 Accident - Property Dania >e Onl 1 70 50 54 35 209 11.4 52.2 Accident - Injury 2 9 13 9 1.0 41 2.2 10.2 Assist Agencies / Utilities 3 3 4 4 7 18 1.0 4.5 Assistance w/ assault / mischievous behavior / rescue / warrant / etc. 4 2 1 6 1 10 0.5 2.5 Assist a person in need of hel 5 13 11 14 3 41 2.2 10.2 Drunk Driver 6 13 9 12 9 43 2.3 1.0.8 Irrational or questionable p erson behavior 7 35 39 44 42 160 87 40,0 Assistance: w/ vehicle 8 25 20 20 16 81. 4.4 20.2 Assist w/ questionable driver behavior 9 28 36 35 33 132 7.2 33.0 Assist w/ traffic or road op erations 10 6 5 10 4 25 1.4 63 Animal Loose 11 14 9 6 0 29 1.6 7.3 Miscellaneous 12 72 57 60 66 255 1.18 63.8 Motorist Stranded 13 209 219 217 1.51 796 433 199.0 Total 499 1 473 491 377 4840 100.0 1 460 Footnote The total 250 incidents reported by the Buffalo Police Department as accidents reflect telephone calls they received that an accident occurred. When investigating the reports, in many occurrences, an accident could not be verified.. In such cases, no MV 104A accident report form was completed. Only 94 MV 104A forms were completed and documented as accidents on the Skyway by the Buffalo Police Department. The rest were reported as incidents. ei Sky M anagem ent Study � F PIN 5134.31 / D025511 City of Buffalo, Erie County Page ES -14 Figure ES-5 Annual Distribution Of Skyway Incidents By Type .................... Skyway Incident Reports - Annual 50.0% 45.0% 40.0% 35.0% c 30.0% a� 2 25.0% a 20.0% 15.0% 10.0% 5.0% 0.0% 112003 ■ 2004 ■ 2005 ■ 2006 ■ Average Incident Types ... ... ... __..... Notes: Incident Type 1: Accident - Property DaYnag 2: Accident - Injury 3: Assist agencies /utilities 4: Assistance w/ assault/ mischievous/ rescue/ warrant/ etc. 5: Assist a person in .need of help 6: Drunk driver 7: Irrational or questionable person behavior fl: Assistance w/ vehicle 9: Assist w/ questionable driver behavior 10: Assist w/ traffic or road operations 11: Animal Loose 1 2 3 4 5 6 7 8 9 10 11 12 13 S w,r a _. .m...... a Sh �Kyi%Ja�% arxaxccx .reuuy PIN 5134.31 / D025511 City of Buffalo, Erie County Pag ES -15 1.2: Miscellaneous 13: Motorist Stranded Additional information about "incidents" is retained by the Niagara International 'Transportation Technology Coalition (NITI'EC), an organization of fourteen agencies in Western New York and Southern Ontario. They record incidents reported for lane closures on the bridge related to: • Accidents. • Construction and Maintenance. • Disabled Vehicles and Debris, and • Weather. NI`I "I'EC provided "incident" reports for a slightly more than three year period of October 1, 2003 through November 30, 2006. NIITI C either receives calls directly or monitors calls to the Buffalo Police: Department and records incidents for the Skyway that impact its lane capacity. Incidents for Construction and Maintenance, Disabled Vehicles and Debris, and Weather are recorded as they pertain to lane closures. A summary of incidents reported by NlI "tEC over the three year period of October 2003 through November 2006 are provided in Table EIS-3. The information identifies if lane closures occurred and the cause if lanes were closed. Table ES -3 Skyway Incidents Reported By NITTEC FULL FULL CLOSURE OF CLOSURE SINGLE NO LANE PERCENT INCIDENTS BOTH OF ONE LANE CLOSURE TOTAL DISTRIBUTION DIRECTION CLOSURE OF TOTAL DIRECTION S ACCIDENT 0 12 1.5 0 27 15.4 DEBRIS 0 1 19 1 21 11.9 1N13ATf IER 4 0 0 2 6 3.4 MAINTENANCE 0 1. 1.7 6 24 13.6 CONSTRUCTION 0 0 50 4 54 30.7 DISABLED 0 0 37 7 44 25M VEI °1ICLE JIOTAI.., 4 14 138 20 176 100 PERCENT OF 2.3 7.9 78.4 11.4 100 T(Y1'AL g + Sky-way 1WYAllagCYLYCYI6 i:7tU4Ry PIN 5134.31 / D025511 City of Buffalo, Erie County Page ES -16 Weather related closure of both directions of the Skyway occurred four (4) times over the three year reporting, period, Accidents prompted closure of one direction of the bridge twelve (1.2) tithes or approximately four (4) times per year on average Sky - way v Study PIN 5134.31 / D 025511 City of Buffalo, Erie County Bridge Management Options t } i Page ES - The following two (2) Skyway management options were considered as part of this study and preliminarily screened for further consideration: • Bridge Preservation (maintain current condition/ functionality) • Bridge Rehabilitation The Bridge Preservation option would protect the bridge from unacceptable deterioration and extend its service life for another 20 years. The bridge is currently in good overall condition, and this option would be in keeping with the philosophy of "keeping the good bridges good ". It is less expensive to taxpayers in the long run to keep a good bridge in good condition, than to let it deteriorate and then reconstruct it. Under the Bridge Rehabilitation option, the bridge would be retained, structurally rehabilitated and the seismic vulnerabilities addressed. As part of the rehabilitation, the structural concrete deck would be replaced and the number of deck joints would be reduced. Two alternatives were considered under this option: 1) east -in -place concrete deck; and 2) precast concrete deck. With today's technology, particularly if prefabricated deck units are utilized, 75 years of reliable service is a realistic expectation Planning level cost estimates were developed for the Bridge Preservation and Bridge Rehabilitation options. An inflation rate was estimated using rates from both the US Department of Labor's Consumer Price Index and from Engineering News Records Construction Cost Index. The Consumer Price Index indicated an annual average 4% inflation rate since 1950 and a 4% inflation rate over the past three years. The Construction Cost Index showed a 5% and. 4% annual inflation rate for same periods. The main difference between these two indices is that the Consunier Price Index tracks the prices of consumer goods while the Construction Cost Index tracks the costs of both labor and construction materials. 'Ibis cost indices are summarized in Table LS -4. Table ES -4 Cost Indices US Depar�of Lal7or: Consunier Puce Index Year Index Rate 1950 24.1 3.597. 2008 220.0 2 2008 1 4.03% 220.0 El 4Mi Recgrci: Construction Cost Index Year Rate 1950 — index 510 4.94% 2008 8362 74'79 �3..% [ 8362 In New York State, transportation agencies have experienced a significant increase in highway and bridge construction costs in the past four years due in large part to fuel and material price Skyway Management Stuoy PIN 5134.31 / D02551.1 City of Buffalo, Erie County Page PS -1 escalations. Increases have averaged 8% per year.. In light of the recent experiences in the New York State transportation market, a 5% inflation rate was used for the cost analysis. The total costs are very sensitive to the inflation rate. For example, if the inflation rate were to remain at 8 %, the Present Worth of the rehabilitation options would increase by almost $20 million dollars over a 20 year period. A summary of the advantages and disadvantages of each option is provided. An objective of the study was to provide a 20 -year maintenance /capital forecast for each option. The forecast would involve an assessment of needs for the structure based on a review of current conditions and vulnerabilities. Costs considered in each option include construction, maintenance and operation, a maintenance paint overcoat of the entire superstructure, right of way, and soft costs such as design, permitting, inspection, etc. Costs are summarized in Table I;5-5. It should be noted that when reviewing the options below the time frame for deck replacement has a major influence on the life cycle cost comparison of each option. Table ES -5 20 Year Life Cycle Costs By Option * Net present worth represents the cost associated with all work items over a 20 year period in today's dollars **Total cost represents the total number of dollars that will be spent over a 20 year period. The total cost dollars account for inflation. Bridge Preservation. Option Bridge Rehabilitation O Lion 1 Bridge Rehabilitation Option 2 Life S pan 50 ears 75 ears __ - 39 - years Concrete Overlay Cast In Mace Deck Precast Deck Net Present Worth's $26,861,000 $62,477,000 $71,576,000 Total Cost" $42,729,000 $7.09,249,000 $124,936,000 * Net present worth represents the cost associated with all work items over a 20 year period in today's dollars **Total cost represents the total number of dollars that will be spent over a 20 year period. The total cost dollars account for inflation. MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE; (716) 851 -5169 8 FAX: (716) 851 -4294 E -mail: mkeariis @city- 6ufFalo.com MEMORANDUM TO: Gerald Chwalinski FROM: Councilmember Kearns DATE: December 10, 2008 RE: Lehigh Valley Railroad CHAIRMAN FINANCE WATERFRONT DEVEI.OPMFNT C©MMITTEES SUDGET BURR CIVIL SERVICE CLAIMS RULES LEGISLATIVE ASSISTANTS MARTFiA -ANN MURPHY KELLY M. KRUG RUSSELL C. WEAVER T would like to file the attached information for the next Common Council meeting; to be held on December 23, 2008. "Thank you. ®s 'F®r the people" New York State Department of Environmental Division of Environmental Remediation Bureau of Technical Support, lVh Floor 625 Broadway, Albany, New York 12233 -7020 Phone: (518) 402 -9543 • FAX: (518) 402 -9595 Website: www.dee.ny.gov Conservation August 7, 2008 Ms. Karen Wallace Tifft Nature Preserve 1200 Fuhrmann Blvd. Buffalo, NY 14203 RE: Lehigh Valley Railroad Site No.: 915071 Dear Ms. Wallace: Am Nwr Alexander $. Grannis Commissioner The New York State Department of Environmental Conservation (Department) maintains a Registry of sites where hazardous waste disposal has occurred. Property located at 110 Furhmann Blvd. in the City of Buffalo within Erie County, and designated as Tax Map No. 132.12 -1 -1.11 was recently reclassified from Class 2 to Class 5 in the Registry. The name and site I.D. number of this property as listed in the Registry are Lehigh Valley Railroad, Site No. 915071. The Classification Code 5 means the Site is properly closed, no evidence of present or potential adverse impact - no further action required. We are sending this letter to you and others who own property near the site listed above, as well as the county and town clerks, officials and public water supplier. We are notifying you about these activities at this site because we believe it is important to keep you informed. If you currently are renting or leasing your property to someone else, please share this information with there. If you no longer own the property to which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so that we can correct our records. The reason for this recent classification decision is as follows: Previous investigations documented soil contamination with volatile organic compounds (VOCs) and lead. To address the contamination, a phased Interim Remedial Measure (IRM) was performed which included the excavation of a total of 3,400 cubic �i Lehigh Valley Railroad #915071 Page 2 yards of contaminated soils. Confirmation samples of the bottom and sides of the excavation confirmed that the action taken in the IRM met remedial action goals. Upon completion of remedial activities, the site was backfilled with clean soil, seeded and restored to a small wetland. Several rounds of groundwater monitoring were subsequently completed which further indicated a successful rernediation. Consequently, a "No Further Action" Record of Decision was issued on March 27, 2006. Since the Lehigh Valley Railroad site has been successfully remediated and is protective of public health, it is appropriate to reclassify this site from Class 2 to Class 5. If you have any questions or seek additional information, please contact the Project Manager, Maurice Moore at (716) 851 -7220. Sincerely, Kelly A. Lewandowski, P.E. Chief Site Control Section KAL /dm/ss Electronic copies: D. Desnoyers A. English K. Lewandowski R. Knizek R. Dana A. Snyder, Reg. 9 M. Doster, Reg. 9 M. Moore, Reg. 9 M. Brady, Reg. 9 S. Doleski, Reg. 9 G. Litwin, DOH D. Moloughney _' s =& y i p "ELA T a vr-- V�, So I,. T environmental matters related to health, safety and general welfare of the community. As noted above, proposed projects within the Buffalo Lakeside Commerce Park are subject to the Union Ship Canal Urban Renewal Plan which overrides the provisions of the Citywide Design and Site Plan Code. Local WaterfrontRevitalizat Program Following the federal Coastal Zone Management Act of 1972, New York State adopted the State Waterfront Revitalization of Coastal Areas and Inland Waterways Act (Article 42). Through the Coastal Management Program (CMP), Article 42 provides a set of management policies that address use and development of waterfront areas. The State provides municipalities an opportunity to participate in the CMP by enabling them to establish their own (locale specific) Local Waterfront Revitalization Program (LWRP). A municipal driven LWRP evaluates its waterfront resources and develops a comprehensive plan and vision for its waterfront. Through the LWRP, the municipality can refine and expand the State CMP's thirteen general policies by tailoring them to meet the local situation and vision. Having an LWRP in place (adopted locally and approved by New York State Department of State) provides a municipality additional control over local and state actions. Once the LWRP is adopted and approved, State and local permitting, funding and direct actions within the Local Waterfront Development Area (LWRA) must be reviewed for consistency with the LWRP policies. The consistency review is used to ensure adherence to the LWRP policies and typically is conducted as part of the State Environmental Quality Review of Type I or Unlisted Actions. - In 2005, the City of Buffalo coripleted a Draft LWRP was submitted to the New York State Department of State (NYSDOS) for review, comment and approval. The Draft LWRP was subsequently revised in January 2007 and is pending adoption by the City of Buffalo Common Council. Adoption of the City of Buffalo Waterfront Consistency Law is also pending Council action. Once approved, actions to be directly undertaken, funded or permitted within the LWRA must be reviewed for consistency with the policies of the City of Buffalo LWRP. Through the Waterfront Consistency Law, the City will have the legal mechanism to review direct and indirect actions with the LWRP. The Waterfront Consistency Law sets forth the local review process. The LWRP presents the City's vision for future use and access to waterfront areas along Lake Erie, the Buffalo River, the Niagara River, and Scajaquada Creek. A portion of the South Buffalo BOA adjacent to the Buffalo River is included in the LWRA and therefore is subject to the policies set forth in the City of Buffalo LWRP. This area is identified as Sub -areas 3 and 4 in the LWRP, and includes Tifft Nature Preserve, Buffalo Lakeside Commerce Park /Union Ship Canal and the area between the Buffalo River and abandoned railroad corridor on the Riverbend Commerce Park. Map 5 - Local Waterfront Revitalization Program Sub -Areas shows those portions of LWRA Sub -areas B and 4 that are within the BOA. The recommendations and policies set forth in the City of Buffalo LWRP that are applicable to Sub -areas 3 and 4 within the BOA include the following: ■ A re- occurring theme in the LWRP is the stated need to protect and create public access to the waterfront and development of greenway linkages. The LWRP recommendations and policies include a proposed greenway along the shoreline of the Buffalo River. ■ The LWRP's proposed Land Use Map depicts the following land uses within the BOA: A -9 • An open space corridor along the Buffalo River; Retention of public service and infrastructure along the north -south rail corridor; Mixed commercial and light industrial uses on the Riverbend Commerce Park property; and • A continuation of the conservation.use for Tifft Nature Preserve.. ■ The LWRP identifies the following proposed projects within the BOA: • The Buffalo River Greenway Program, a proposed multi- purpose open space corridor and trail system designed to improve access and management of the rivers recreational, cultural and ecological assets. A plan has been developed for this project and portions of the plan are being implemented. Funding is required for implementation remaining portions of the plan; • Funding for Buffalo River Sediment Remediation, including funding for remediation and collaboration with the Army Corps of Engineers to undertake necessary dredging should be continued; • Southtowns Connector (NYS Route 5 Access Improvements) for both economic development (access) and transportation efficiency purposes; An expansion of Tifft`Nature'Preserve.to include the` former. Lehigh Valley railroad property.to the immediate east ofTifft Nature Preserve, and • A Tifft Street Greenway trail to extend along Tifft Street (from the George J. Hartman Playfields to Furhmann Boulevard). ■ The LWRP Proposed Zoning Map for the areas within the BOA recommends the following zoning designations for key areas in the BOA: Buffalo Lakeside Commerce Park —CM General Commercial District; • Proposed green space surrounding the Union Ship Canal --RPF Recreation /Public Facilities; Tift Farm Mature Preserve and former Lehigh Valley railroad property — RPF Recreation /Public Facilities; • Steelfields property (now Riverbend Commerce Park), areas along Tifft Street, and the north - south rail corridor --CM General Commercial District. is Section III of the LWRP presents the State's 13 general program policies which have been expanded to implement the Buffalo LWRP. The LWRP policies and the policy standards (i.e., the policy standard are a sub -set of those policies that apply to specific areas) which are applicable and relevant to the BOA are briefly summarized below, • Policy 1 generally provides land use guidelines that enhance community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of waterfront locations and minimizes the adverse effects of development. Policy Standard 1.1 calls for concentrating development and redevelopment in order to revitalize deteriorated and underutilized areas of the waterfront. a Specifically, this policy standard states: `The lands proximate to portions of the Buffalo River and the inland areas around the Union Ship Canal also offer opportunities for redevelopment to revitalize lands that were formerly used for heavy industry.' o Policy Standard 1.3 calls for public open space (including greenways) along the waterfront to be continued and increased, including along certain portions of the Buffalo River. A -10 No 48 M. Kearns -Rock Harbor Commons Handbook Rock Harbor Commons (RHQ is the new, non- cookie- cutter, eco- friendly, living and learning community designed for today's college students. Nestled in Buffalo's Historic Black Rock district, where the Niagara River meets Scajaquada Creek, RHC is located within minutes of Buffalo State, Canisius, D'Youville and Medaille colleges. °F—I! _'. v t�f li STATE OF NEW YORK [DEPARTMENT OF TRANSPORTATION REGION FIVE 100 SENECA STREET BUFFALO, NEE YORK 1 4203 -2939 www.nysdot.gov ALAN E. TAYLOR, PE. ASTRm C. GLYNN REGIONAL DIRECTOR COMMISS10NER D260856 CPIN 5810.13.321 4.5 Km of Asphalt Concrete Resurfacing on Route 198 Scujacquada Expressway, City of Buffalo Eric County December 16, 2008 Mr. Gerald Chwalinski, City Clerk City of Buffalo Buffalo City Hall 65 Niagara Square Buffalo, NY 14202 Dear Mr. Chwalinski: This is to advise you that the completed work on the above- notcd. Contraet was officially accepted by the New York State Department of Transportation on December 1, 2008. As per the Project Proposal for 1)260856, Page 239: After acceptance of this contract, the State will resume maintenance of the highway. All intersecting roads, highways, or streets not on the State highway system shall be maintained by the agency or local unit of government having jurisdiction beyond the outside edge of shoulder, curb .line, or back of ditch of the State highway across the intersection. This letter serves as a courtesy to notify you that the contractor for this project, Oakgrove Construction, Inc., is no longer directly involved in roadway maintenance. Very truly yours, ALAN E. TAYLOR, P.E. RI:GiONAL DIRECTOR 13 Y: `M e6va John R. Kowalski, P.E. Regional Construction Engineer A1'I':JRK:sjb cc: C. J. Morgante, Director of Operations D. W. Paskie, P.E., Associate Construction Engineer M. A. Kinbaum, Engineer in Charge 'k 1 I V /" V T tY .H a aio Dater ►� Stern Vi Y Monthly Water Board Report November 2008 Buffalo Water° Board Chairperson: 4luwole McFoy Vice Chairperson; Dorma Estrich Gerald E Kelly William L. Sunderlin City of Buffalo Commissioner of Public Works, Parks & Streets Steven Stepniak lV '' . 3„ u SEAR requirements for Elmwood Village Design Standards amendment to the Charter: littp : / /www.dec.. ► Gov /r)ubl is /32521.htrnl 1. Classify the Action. Type I for Elmwood Village Design Standards (IVA DS) 2. Complete fsnvironniental Assessment Form (f;AS) "Full" EAS Form 3. Coordinate review Common Council is the Dead Agency and only agency charged with legislation therefore other agency's input is not required. 4. Determine significance of action. No significant adverse impacts therefore Issue "Negative Declaration" E -mail Negative (Declaration to e�b,cr� �w.dec.state.n�._us File with the Mayor of the City of Buffalo d'art 617.12 (b)(1)(i) http; / /wwxv.dec.ny. gov /e ►fi / 4886.litml 'fhe most frequent notices that appear in the I NB are SEQR notices as required by FC1, 8- 0113(2)(1), 6 NYCRR Part 617.12 (c)(1): REFFRUED TO. 1 -HE COMMITTEE N ONiMU M "f Y DEVELOPMENT. r The ENB SEQRA Notice Publication Form - Please check all that aj)hly IRset> =arm � Deadline: Notices must be received by 6 pan. Wednesday to appear in the fallowing Wednesday's ENB ✓ Negative Declaration -Type I Conditioned Negative Declaration Draft Negative Declaration Positive Declaration with Public Scoping Session Draft EIS _ with Public Hearing _ Generic Supplemental Final EAS _ Generic _ Supplemental DEC legion # 0 County: Erie lead Agency: City of Buffalo Common Council Project -Title: Elrnwood Village Design Standards Brief Project Description: The action involves ... Proposed amendment to City of Buffalo Charter ARTICLE XXVIII, § 511 -137- Citywide Design and Site Plan. The "Elmwood Village Design Standards" § 511 -155. The Elmwood Village Design Standards have been created to ensure that future development (which includes new construction as well as alterations to existing buildings) in the Elmwood Village maintains and enhances the unique character and scale of the community. Project Location (incl €tde street addressltnunicipality): Elmwoo Village, Buffalo Contact PerSOn: Councilmember Joseph Golombek Address: Buffalo City Hall City. Buffalo -- State: NY..-.. Lip: 14202 Phone: 716 -851 -5116 Fax: 716-851-5117 For Draft Negative Declaration / Draft EIS: Public Cornment Period ends: I I For Public l learing or Scopinag Session: Date Location: I I Tin1c: _____ atn /pm A bard copy of the DIASIFI IS is available at the following locations: The online version of the; DEIS /FEIS is available at the following publically accessible web site: For Conditioned Negative Declaration: In luminary, conditions include: 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF 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 :E Part 1 FJ Part 2 0 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: 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. EI 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.* FI 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 LIniwood Village Design Standards Name of Action City of Buffalo Common Council Name of Lead Agency Print or Type Name of Responsible Officer in lead Agency Signature of Responsible Officer in Lead Agency website - title of Responsible Officer Signature of Preparer (If different from responsible officer) 12/23/08 Date Page 1 of 21 PART 1 -- PROJECT INFORMATION Prepared by Project Sponsor C 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 Elmwood Village Design Standards Location of Action (include Street Address, Municipality and County) Elmwood Village (as described in proposed amendincnt), Buffalo, brie County Name of Applicant /Sponsor C;otnacilnacmher .Joseph C;olombek Address Buff €10 City Hall, Room 1316A City I PO Buffalo Business Telephone 716- 851 -5116 Name of Owner (if different) Address State NY Zip Code 14202 City / PO Business Telephone Description of Action: State Zip Code Proposed amendment to City of Buffalo Charter ARTIC "LI XXV111, § 511-137: Citywide Design and Site flan. [The "Ehuwood Village Design Standards" § 511 -155. The Elmwood Village Design Standards have been created to ensure that future development (which includes new construction as well as alterations to existing; buildings) in the Elmwood Village maintains and enhances the unique cliaractcr and scale of tlic community. Page 2 of 21 3. What is predominant soil type(s) on project site? a. Soil drainage: o Well drained _% of site H Moderately well drained % of site. F] Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4, Are there bedrock outcroppings on project site? EJ Yes E] Noy a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: A E10 0 10- 1 5% % 15% or -1 0% io greater % y 6. Is project substantial! contiguous to, or contain a building, site, or district, listed on the State or National Registers of Histo `RC- Places? 1J Yes EJ No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Yes FINo g, What is the depth of the water table? (in feet) g. Is site located over a primary, principal, or sole source aquifer? FYes 7 No 10, Do hunting, fishing or shell fishing opportunities presently exist in the project area? El Yes F-1 No Page 3 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:.. ✓V Urban 1-1 Industrial El Commercial EI Residential (suburban) Rural (non -farm) E] Forest 11 Agriculture 11 Other 2. Total acreage of project area: acres. CA APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non - agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: o Well drained _% of site H Moderately well drained % of site. F] Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4, Are there bedrock outcroppings on project site? EJ Yes E] Noy a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: A E10 0 10- 1 5% % 15% or -1 0% io greater % y 6. Is project substantial! contiguous to, or contain a building, site, or district, listed on the State or National Registers of Histo `RC- Places? 1J Yes EJ No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Yes FINo g, What is the depth of the water table? (in feet) g. Is site located over a primary, principal, or sole source aquifer? FYes 7 No 10, Do hunting, fishing or shell fishing opportunities presently exist in the project area? El Yes F-1 No Page 3 of 21 11 . Does project site contain any species of plant or animal life that is identified as threatened or endangered? UYes LNo \ccordin to: Jenti!2 each species: 12. Are there any unique or unusual land forms on the project site! (i.e., cults, dunes, other geological tormations! 0Yes E] No Describe: 13. Is the project site presently used by the community or neighborhood as an open space at recreation area? F Yes E] No If 14. Does the present site include scenic views known to be important to the community? RNo 15. Streams within or contiguous to protect area: a. Name of Stream and name of River to which it is tributary 16. b. Size (in acres): Page 4 of 21 17. Is the site served by existing public utilities? E Yes 11 No r P a. If YES, does sufficient capacity exist to allow connection? R Yes E] No b. If YES, will improvements be necessary to allow connection? FYes No 18. Is the site located in rfn ultura l district certified pursuant to Agriculture and Markets Law, Article 25 -AA, Section 303 and 309? ❑ 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? F — ] Yes No 20. Has the site ever been used for the disposal of solid or hazardous wastes? Yes No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: acres. b. Project acreage to be developed: acres initially; acres ultimately. C. Project acreage to remain undeveloped: acres. d. Length of project, in miles: (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. % f. Number of off - street parking spaces existing proposed g. Maximum vehicular trips generated per hour: (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure: height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? tons /cubic yards. 3. Will disturbed areas be reclaimed OYes F] No EI NIA a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? r] Yes 1-1 No c. Will upper subsoil be stockpiled for reclamation? El Yes 1:1 No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally- important vegetation be removed by this project? Yes 1:1 No 6. If single phase project: Anticipated period of construction: months, (including demolition) 7, if multi - phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? D Yes 0 No 8. Will blasting occur during construction? Yes No 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 1 1 . Will project require relocation of any projects or facilities? 1:1 Yes 1:1 No If yes, explain: 12. Is surface liquid waste disposal involved? El Yes F No a. if yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? 0 Yes E] No Type 14. Will surface area of an existing water body increase or decrease by proposal? FYes FNo If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? Dyes E] No 16. Will the project generate solid waste? Yes No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? Q Yes E] No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? QYes Q No Page 6of21 e. if yes, explain: 17. Will the project involve the disposal of solid waste? Dyes nNo a. If yes, what is the anticipated rate of disposal? tons /month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? Oyes No 19. Will project routinely produce odors (more than one hour per day)? E] Yes FI No 20. Will project produce operating noise exceeding the local ambient noise levels? nYes E]No 21. Will project result in an increase in energy use? 11 Yes 1-1 No If yes, indicate type(s) 22, If water supply is from wells, indicate pumping capacity gallons /minute. 23. Total anticipated water usage per day gallons /day. 24. toes project involve Local, State or Federal funding? 1:1 Yes ❑ No If yes, explain! Page 7 of 21 25. Approvals Required: Type City, Town, Village Board E Yes Vote No City, Town, Village Planning Board 0 Yes El No City, Town Zoning Board Yes No City, County Health Department Ely" E No Other Local Agencies ❑ Yes 0 No Other Regional Agencies El Yes ED No State Agencies El Yes n No Federal Agencies 1:1 Yes E] No Submittal Date C. Zoning and Planning information 1, Does proposed action involve a planning or zoning decision? Eyes No If Yes, indicate decision required: lil Zoning amendment Zoning variance ❑ New /revision of master plan ElSubdivision El Site plan Special use permit EI Resource management plan 0 Other Page 8 of 21 2. What is the zoninq classification(s) of the site? U �. A. 9 /hat is the maximum potential development of the site if developed as permitted by the present zo ning? V. A. 4. What is the proposed zoning or the sfteY N. A. 5 B. Is the proposed action consistent with the recommended uses in adopted local land use plans? R Yes O No 7. What are the predominant land usc(s) and zoning classitications within a Yn mile raoius or proposea acuonr ......................... . R 1, R2, R4, Cl, Mat is the maximum potential development of t h e s ite if developed as permitted by the proposed zoning? N. A. 8. Is the proposed action compatible with adjoining /surrounding land uses with a 1 /4 mile? Yes F1 No g. if the proposed action is the subdivision of land, how many lots are proposed? N. A. a. What is the minimum lot size proposed? Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? n Yes E No l 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? D yes • No a. If yes, is existing capacity sufficient to handle projected demand? Q Yes 1-1 No 12, will the proposed action result in the generation of traffic significantly above present levels? El Yes [i] No a. If yes, is the existing road network adequate to handle the additional traffic. E]Yes 1:1 No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant /Sponsor Name Joseph Cxoloinbek Signature Date 12/23/08 Title C'ouncilnnember North District, City of Buffalo 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 u B. District Boundaries: The Elmwood Village Design Standards shall include all commercial properties located within the area extending north from the north side of With Street to the south side of 1 "orest Avenue, and west from Delaware Avenue {excluding properties fronting Delaware Avenue) to the east side of Richmond Avenue. SNIA ... �....ryj r r_ ��w VV tav an' ...._..... f ( 66 i lIj?lCtt f _ �]I L y y _ L. i I I _S° SNIA ... �....ryj 12 -12 -79 (3199)-9c State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non - Significance Project Number Date: 12/23/08 SEQR This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, The City of Buffalo Common Council as lead agency, has determined that the proposed action described below will not have a significant environmental impact and a Draft Impact Statement will not be prepared. Name of Action: Elmwood Village Design Standards SEAR Status: Type 1 0 Unlisted ❑ Conditioned Negative Declaration: ❑ Yes No Description of Action: Proposed amendment to City of Buffalo Charter ARTICLE XXVIII, § 511 -137: Citywide Design and Site Plan. The "Elmwood Village Design Standards" § 511 -155. The Elmwood Village Design Standards have been created to ensure that future development (which includes new construction as well as alterations to existing buildings) in the Elmwood Village maintains and enhances the unique character and scale of the community. Location: (Include street address and the name of the municipality /county. A location map of appropriate scale is also recommended.) Buffalo's Elmwood Village. See attached map and description. SEQR Negative Declaration Page 2 of 2 Reasons Supporting This Determination: (See 617.7(a) -(c) for requirements of this determination ; see 617.7(d) for Conditioned Negative Declaration) This proposed amendment to the City of Buffalo charter will not result in significant adverse environmental impacts (Article 8 Part 617.2 (y) ). In considering possible significant adverse environmental impacts according to §617.7 it is determined that this action has only positive environmental impacts because of its conformity to the planning concepts supported in the City of Buffalo 2006 Comprehensive Plan and recent Common Council Action Plans; especially in their insistence on "Smart Growth" principles. Page 105 of the, 2006 Comprehensive Plan (2.6 Framework for Revision of the City's Zoning Ordinance) calls for the City "To support the implementation of the Buffalo Comprehensive plan and the smart growth principles on which it is based, the City's zoning ordinance needs to be revised and updated. " This is exactly what this proposed action calls for. If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 days from date of pubication In the ENB) For Further Information: Contact Person: Councilmember Joseph Golombek Address: Buffalo City Hall, Buffalo NY Telephone Number: 716-851-5116 For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to: Chief Executive Officer, Town / City 1 Village of Buffalo Other involved agencies (If any) Applicant (If any) Environmental Notice Bulletin, 625 Broadway, Albany, NY 12233 -1750 (Type One Actions �. 1.3 District Boundaries: The Flmwood Village Design Standards shall include all commercial properties located within the area extending north from the north side of North Street to the south side of Forest Avenue, and west from Delaware Avenue (excluding properties fronting Delaware Avenue) to the east side ofRichn - iond Avenue. i 7 - 23 IS A 5t J Miles J t:ata 6t cl - s f i 9 Y I i r , Y I f These excerpts from the City of Buffalo 2000 Comprehensive Plan demonstrate the importance of "smart growth ". "Smart Growth" is mentioned throughout the document indicating its importance to the future of a vital City of Buffalo. T have indicated in bold typeface the words "smart growth" wherever they appear. Smart growth is mentioned thirty one times and. is defined on Page 61 of the document. These tenets of smart growth are well served by the proposed Elmwood Village Design Standards (EVDS). The EVDS would be exactly the sort of legislation recommended by the Comprehensive Plan (see Pages 17 & 58). Note the recommendation for the Elmwood Planning Community by the Office of Strategic Planning copied at the end of this document for immediate implementation of the Forever Elmwood design standards. The Queen City in the 21st Century: the Buffalo Comprehensive Plan is the one plan for the City of Buffalo. Page N Preface The Queen City in the 21st Century: Buffalo's Comprehensive Plan is a bold statement by residents, businesses and political leaders about what kind of future Buffalo can expect if we plan together and implement with commitment. Buffalo is the second largest city in the State of New York and the hub of the Buffalo - Niagara Region. As Buffalo goes, so goes the region. The Queen City in the 21st Century is based on that fundamental understanding. The plan makes an unequivocal commitment to the use of smart growth principles as tools to revitalize the City and stabilize the region. By building on our cultural assets, increasing the economic base through strategic investments in infrastructure and business development, and enhancing the green environment, we are confident that we can reestablish Buffalo's position of greatness in the nation and world. Page 3 The Comprehensive Plan is not a traditional master plan. It is intended to be a general guide — not a detailed and rigid prescription — for land use, development, urban design, capital investment and related activities. Likewise, it is intended to be adaptable. The plan is also based on key Smart Growth Principles that present an opportunity for reestablishing the City as the HUB of the region. Page 4 I. Buffalo in 2030: A Vision In 2030 Buffalo will be the Queen City of the Great Lakes once more, growing again, renewed, and rebuilt from its foundations, a model of smart growth and sustainability. Page 5 This vision for Buffalo translates into a single goal, which is no less than to transform Buffalo as the urban center of the Buffalo Niagara region through application of smart growth principles, targeted investments, and managed physical change to restore the economic well being, environmental health and sustainability of the city and promote an increase in its population. Page 17 The City should also support legislative efforts for "smart growth" and "quality communities" initiatives that promote coordinated planning and encourage mixed -use development with multi- modal transportation connections. Page 32 The great opportunity is to coordinate schools reconstruction with neighborhood revitalization, including housing rehabilitation and new construction, maintenance of appropriate residential densities, good neighborhood design, promotion of public transit, and other smart growth principles. Such coordination of investments is all that much easier because the planned first phase of the schools reconstruction program has one school in each of the City's Planning Communities slated for improvements. Page 39 The Buffalo Comprehensive Plan should be a step towards that goal, explicitly integrating considerations of environment, economy and community. Smart growth principles, which should also be incorporated into the plan, are fully consistent with basic concepts of sustainability. In general, initiatives to be undertaken in the name of sustainability must work to reduce the consumption of energy, land and other non - renewable resources; minimize the waste of materials, water and other limited resources; create livable, healthy and productive environments; and reduce greenhouse gases in order to assist in alleviating the impact of global climate change. Page 53 Public Transit Continued improvement in the system is crucial to the application of smart growth principles. Page 58 Likewise, the Comprehensive Plan needs be based on a sound planning philosophy and sound planning principles. For Buffalo, that means taking a regional approach; integrating economic, environmental and community considerations under a concept of sustainability; and implementing principles of smart growth. The Comprehensive Plan also needs a revised zoning ordinance to give it full effect. Such an ordinance must reflect the Comprehensive Plan and its smart growth principles. As such, it can provide the measure of predictability and certainty that both investors and citizens require. Without a companion zoning ordinance the Comprehensive Plan will lack the enforceability that will make it credible and achievable. Revised zoning categories and districts and a revised zoning map to reflect and support the Comprehensive Plan and the principles of smart growth should be prepared by the Office of Strategic Planning (OSP) as soon as possible. It will be one of the City's principal tools for implementing the Plan. Page 60 The Comprehensive Plan promises to help Buffalo achieve this vision and meet its goal. It is a plan to transform Buffalo as the urban center of the Buffalo Niagara region through application of smart growth principles, targeted investments, and managed physical change to restore the economic well being, environmental health and sustainability of the city and promote an increase in population and employment. 2.1 Key Principles The Comprehensive Plan is driven by a small and simple set of key principles that have helped identify the development priorities of the plan. These include the concept of sustainability, the planning and design ideas incorporated in the smart growth movement, and two other simple rules: fix the basics and build on the assets. Page 61 Smart Growth Consistent with the idea of sustainability, the planning and urban design principles of smart growth have been fully integrated into the Comprehensive Plan. A movement of planners and designers has created principles of smart growth in recent decades as a means to limit urban sprawl and make better communities. Followed carefully, smart growth principles can help conserve land, protect environmental resources, promote more efficient multi -modal transportation, create healthy neighborhoods and Downtowns, conserve energy, foster community involvement, support the creation of affordable housing and more_ Smart growth principles can be implemented by states, regions, cities or neighborhoods through planning and zoning ordinances, development regulations, public incentives, and regulations like urban growth boundaries. New York State has taken a less aggressive approach to smart growth than other states, but planners and policy makers here are exploring how to improve patterns of urban development. Smart growth principles have most often been applied in regions where there is much growth to manage. But Buffalo- Niagara needs smart growth, too, to control sprawl on the suburban periphery, strengthen inner -ring suburbs, and redevelop neighborhoods in the urban core. The Comprehensive Plan calls for the City to adopt ten basic principles of smart growth: 1. Mix land uses 2. Take advantage of compact building design 3. Create a range of housing opportunities and choices 4. Create walkable neighborhoods 5. Foster distinctive, attractive communities with a strong sense of place 6. Preserve open space, farmland, natural beauty, and critical environmental areas 7. Strengthen and direct development towards existing communities 8. Provide a variety of transportation choices 9. Make development decisions predictable, fair and cost - effective 10. Encourage community and stakeholder collaboration in development decisions Buffalo can set the example for the rest of the region by adopting these smart growth principles and by working with policy- makers at the regional and state levels to establish policies and programs that will promote more efficient and attractive patterns of development. Application of smart growth principles is indispensable for Buffalo, both in implementing the Comprehensive Plan and preparing for its eventual success. Smart growth principles can help us guide investment decisions and stimulate development and it can help us better cope with new growth when it resumes. Page 67 Plan structure As already noted, the Buffalo Comprehensive Plan pursues a vision of a green, prosperous and revitalized city and a goal of reversing the long -term decline in population and employment. It is driven by fundamental principles of sustainability, smart growth and the dual commitment to "fix the basics" and "build on assets." 2.4 Development Priorities and Planning Policies The Comprehensive Plan identifies seven major development priorities and planning policies necessary to meet the overarching goal of the plan. These are driven by fundamental principles of sustainability, smart growth and the continuing imperative to "fix the basics" and "build on assets." These priorities and polices are to: Repair the broader fabric of the city consistent with Buffalo's heritage and with principles of smart growth and sustainability. Page 78 Improve transportation /land use coordination through mixed-use corridor development; regional "Smart Growth" policies;... � . Public transit Public transit is a key issue for the Comprehensive Plan. High quality public transit service is a critical element in Buffalo's economic development work and in the implementation of the principles of sustainability and smart growth. Successful cities and regions have good transit. Page 85 The great opportunity is to coordinate schools reconstruction with neighborhood revitalization, including housing rehabilitation and new construction, maintenance of appropriate residential densities, good neighborhood design, promotion of public transit, and other smart growth principles. Such coordination of investments is all that much easier because the planned first phase of the schools reconstruction program has one school in each of the City's Planning Communities slated for improvements. Page 87 In general, every plan developed through the GNPA is obliged to address the four guiding principles of the Comprehensive Plan. Plans should provide for sustainable development to achieve the interdependent goals of economic growth, environmental regeneration, and greater social equity. They should also incorporate principles of smart growth to repair or reinforce Buffalo's typically compact and efficient urban environments. In addition, they should follow the basic principles of "fix the basics" and "build on assets" in all their proposals. Page 94 Work on both of these issues is fundamental to the overall strategy of the comprehensive plan, Progress in these areas will advance the sustainability of development in Buffalo. Preservation of the built environment will be wholly consistent with smart growth principles. Both take seriously the call to "fix the basics" and "build on assets." Together, attention to historic architecture and the natural environment will improve /) �p� 0 �s the quality of life in Buffalo and help attract both people and capital to the city. Page 95 In many ways, these principles are already woven throughout the Comprehensive Plan. They are visible in the principles of sustainability and smart growth, approaches to environmental regeneration, and philosophies of neighborhood revitalization. The metropolis has a necessary and fragile relationship to its agrarian hinterland and natural landscapes. The relationship is environmental, economic, and cultural. Farmland and nature are as important to the metropolis as the garden is to the house. Buffalo will help relieve the pressure for growth in agricultural and rural areas when it reinvests in itself as a vital urban center and implements the ten principles of smart growth. Page 105 2.6 1 i'or Revision of the city's Zoning Ordinance To support the implementation of the Buffalo Comprehensive plan and the smart growth principles on which it is based, the City's zoning ordinance needs to be revised and updated. DRAFTCOMPREH ENS IVEPLAN MAYOR ANT HONYM.MASI ELL Community Action Items The Elmwood Planning Community features a viable and unique commercial corridor that serves as the lifeline for the Elmwood community and is one of the key communities for marketing the City of Buffalo to the region. Continued support of Elmwood Avenue businesses, along with attention to neighborhood revitalization and preservation issues, are key elements in keeping the Elmwood Planning Community vibrant. To address these issues, the City has identified a number of key Community Action Items which will be implemented in the Community over the next ten years. They include: IMMEDIATE ACTIONS Implement Urban Design Standards Redevelop and Preserve Richardson Complex The City will work with Forever Elmwood and the community to implement zoning recommendations and urban design standards for the Elmwood Avenue commercial strip. The City will continue to work with the State of New York to redevelop and preserve the Richardson Complex, including the potential for a consolidated Olmsted School. � rr 12 -12 -79 (3199 ) State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non - Significance Project Number Date: 12/23/08 SEAR This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The City of Buffalo Common Council as lead agency, has determined that the proposed action described below will not have a significant environmental impact and a Draft Impact Statement will not be prepared. Name of Action: Elmwood Village Design Standards SEAR Status: Type 1 ❑✓ Unlisted ❑ Conditioned Negative Declaration: ❑ Yes ❑/ N o Description of Action: Proposed amendment to City of Buffalo Charter ARTICLE XXVIII, § 511 -137: Citywide Design and Site Plan. The "Elmwood Village Design Standards" § 511 -155. The Elmwood Village Design Standards have been created to ensure that future development (which includes new construction as well as alterations to existing buildings) in the Elmwood Village maintains and enhances the unique character and scale of the community. Location: (Include street address and the name of the municipality /county. A location map of appropriate scale is also recommended.) Buffalo's Elmwood Village. See attached map and description. ;I SEAR Negative Declaration Page 2 of 2 Reasons Supporting This Determination: (See 617.7(a) -(c) for requirements of this determination ; see 617.7(d) for Conditioned Negative Declaration) This proposed amendment to the City of Buffalo charter will not result in significant adverse environmental impacts (Article 8 Part 617.2 (y) ). In considering possible significant adverse environmental impacts according to §617.7 it is determined that this action has only positive environmental impacts because of its conformity to the planning concepts supported in the City of Buffalo 2006 Comprehensive Plan and recent Common Council Action Plans; especially in their insistence on "Smart Growth" principles. Page 105 of the 2006 Comprehensive Plan (2.6 Framework for Revision of the City's Zoning Ordinance) calls for the City "To support the implementation of the Buffalo Comprehensive plan and the smart growth principles on which it is based, the City's zoning ordinance needs to be revised and updated." This is exactly what this proposed action calls for. If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 days from date of pubication In the ENB) For Further Information: Contact Person: Councilmember Joseph Gofombek Address: Buffalo City Hall, Buffalo NY Telephone Number: 716 - 851 -5116 For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to: Chief Executive Officer, Town/ City/ Village of Buffalo Other involved agencies (If any) Applicant (if any) Notice Bulletin, 625 Broadway, Albany, NY 12233 -1750 T e One A i 13. District Boundaries; The Elmwood Village Design Standards shall include all conlmucial properties located within the area extending north from the north side of North Street to the south side of Forest AMILte, and west from Dclaware AverItre (excluding properties fronting Delaware Avenue) to the east side of 'Richmond Avenue. E/ These excerpts from the City of Buffalo 2006 Comprehensive Plan demonstrate the importance of "smart growth ". "Smart Growth" is mentioned throughout the document indicating its importance to the future of a vital City of Buffalo. I have indicated in bold typeface the words "smart growth" wherever they appear. Smart growth is mentioned thirty one tunes and is defined on Page 61 of the document. These tenets of smart growth are well served by the proposed Elmwood Village Design Standards (EVDS). The 1: , .VDS would be exactly the sort of legislation recommended by the Comprehensive Plan (see Pages 1.7 & 58). Note the recommendation for the Elmwood Planning Community by the Office of Strategic Planning copied at the end of this document for immediate implementation of the Forever Elmwood design standards. The Queen City in the 2 ast Century: the Buffalo Comprehensive Plan is the one plan for the City of Buffalo. Page IV Preface The Queen City in the 21st Century: Buffalo's Comprehensive Plan is a bold statement by residents, businesses and political leaders about what kind of future Buffalo can expect if we plan together and implement with commitment. Buffalo is the second largest city in the State of New York and the hub of the Buffalo - Niagara Region. As Buffalo goes, so goes the region. The Queen City in the 21st Century is based on that fundamental understanding. The plan makes an unequivocal commitment to the use of smart growth principles as tools to revitalize the City and stabilize the region. By building on our cultural assets, increasing the economic base through strategic investments in infrastructure and business development, and enhancing the green environment, we are confident that we can reestablish Buffalo's position of greatness in the nation and world. Page 3 The Comprehensive Plan is not a traditional master plan. It is intended to be a general guide — not a detailed and rigid prescription — for land use, development, urban design, capital investment and related activities. Likewise, it is intended to be adaptable. The plan is also based on key Smart Growth Principles that present an opportunity for reestablishing the City as the HUB of the region. Page 4 1. Buffalo in 2030: A Vision In 2030 Buffalo will be the Queen City of the Great Lakes once more, growing again, renewed, and rebuilt from its foundations, a model of smart growth and sustainability. Page 5 This vision for Buffalo translates into a single goal, which is no less than to transform Buffalo as the urban center of the Buffalo Niagara region through application of smart growth principles, targeted investments, and managed physical change to restore the economic well being, environmental health and sustainability of the city and promote an increase in its population. Page 17 The City should also support legislative efforts for "smart growth" and "quality communities " initiatives that promote coordinated planning and encourage mixed -use development with multi- modal transportation connections. Page 32 The great opportunity is to coordinate schools reconstruction with neighborhood revitalization, including housing rehabilitation and new construction, maintenance of appropriate residential densities, good neighborhood t: design, promotion of public transit, and other smart growth principles, Such coordination of investments is all that much easier because the planned first phase of the schools reconstruction program has one school in each of the City's Planning Communities slated for improvements. Page 39 The Buffalo Comprehensive Plan should be a step towards that goal, explicitly integrating considerations of environment, economy and community. Smart growth principles, which should also be incorporated into the plan, are fully consistent with basic concepts of sustainability. In general, initiatives to be undertaken in the name of sustainability must work to reduce the consumption of energy, land and other non - renewable resources; minimize the waste of materials, water and other limited resources; create livable, healthy and productive environments; and reduce greenhouse gases in order to assist in alleviating the impact of global climate change. Page 53 Public Transit Continued improvement in the system is crucial to the application of smart growth principles. Page 58 Likewise, the Comprehensive Plan needs be based on a sound planning philosophy and sound planning principles. For Buffalo, that means taking a regional approach; integrating economic, environmental and community considerations under a concept of sustainability; and implementing principles of smart growth. The Comprehensive Plan also needs a revised zoning ordinance to give it full effect. Such an ordinance must reflect the Comprehensive Plan and its smart growth principles. As such, it can provide the measure of predictability and certainty that both investors and citizens require. Without a companion zoning ordinance the Comprehensive Plan will lack the enforceability that will make it credible and achievable. Revised zoning categories and districts and a revised zoning map to reflect and support the Comprehensive Plan and the principles of smart growth should be prepared by the Office of Strategic Planning (OSP) as soon as possible. it will be one of the City's principal tools for implementing the Plan. Page 60 The Comprehensive Plan promises to help Buffalo achieve this vision and meet its goal. It is a plan to transform Buffalo as the urban center of the Buffalo Niagara region through application of smart growth principles, targeted investments, and managed physical change to restore the economic well being, environmental health and sustainability of the city and promote an increase in population and employment. 2.1 Key Prinelples The Comprehensive Plan is driven by a small and simple set of key principles that have helped identify the development priorities of the plan. These include the concept of sustainability, the planning and design ideas incorporated in the smart growth movement, and two other simple rules: fix the basics and build on the assets. Page 61 Smart Growth Consistent with the idea of sustainability, the planning and urban design principles of smart growth have been fully integrated into the Comprehensive Plan. A movement of planners and designers has created principles of smart growth in recent decades as a means to limit urban sprawl and make better communities. Followed carefully, smart growth principles can help conserve land, protect environmental resources, promote more efficient multi -modal 1[� transportation, create healthy neighborhoods and Downtowns, conserve energy, foster community involvement, support the creation of affordable housing and more. Smart growth principles can be implemented by states, regions, cities or neighborhoods through planning and zoning ordinances, development regulations, public incentives, and regulations like urban growth boundaries. New York State has taken a less aggressive approach to smart growth than other states, but planners and policy makers here are exploring how to improve patterns of urban development. Smart growth principles have most often been applied in regions where there is much growth to manage. But Buffalo- Niagara needs smart growth, too, to control sprawl on the suburban periphery, strengthen inner -ring suburbs, and redevelop neighborhoods in the urban core. The Comprehensive Plan calls for the City to adopt ten basic principles of smart growth; 1. Mix land uses 2. Take advantage of compact building design 3. Create a range of housing opportunities and choices 4. Create walkable neighborhoods 5. f=oster distinctive, attractive communities with a strong sense of place 6. Preserve open space, farmland, natural beauty, and critical environmental areas 7. Strengthen and direct development towards existing communities 8. Provide a variety of transportation choices 9. Make development decisions predictable, fair and cost - effective 16. Encourage community and stakeholder collaboration in development decisions Buffalo can set the example for the rest of the region by adopting these smart growth principles and by working with policy- makers at the regional and state levels to establish policies and programs that will promote more efficient and attractive patterns of development. Application of smart growth principles is indispensable for Buffalo, both in implementing the Comprehensive Plan and preparing for its eventual success, Smart growth principles can help us guide investment decisions and stimulate development and it can help us better cope with new growth when it resumes. Page 67 Plant structure As already noted, the Buffalo Comprehensive Plan pursues a vision of a green, prosperous and revitalized city and a goal of reversing the long -term decline in population and employment. It is driven by fundamental principles of sustainability, smart growth and the dual commitment to "fix the basics" and "build on assets.' Page 68 2.4 Development Priorities anti Tanning Policies The Comprehensive Plan identifies seven major development priorities and planning policies necessary to meet the overarching goal of the plan. These are driven by fundamental principles of sustainability, smart growth and the continuing imperative to "fix the basics" and "build on assets." These priorities and polices are to: Repair the broader fabric of the city consistent with Buffalo's heritage and with principles of smart growth and sustainability. Page 78 Improve transportation /land use coordination through mixed -use corridor development; regional "Smart Growth" policies;.._ f Public transit Public transit is a key issue for the Comprehensive Plan. High quality public transit service is a critical element in Buffalo's economic development work and in the implementation of the principles of sustainability and smart growth. Successful cities and regions have good transit. Page 85 The great opportunity is to coordinate schools reconstruction with neighborhood revitalization, including housing rehabilitation and new construction, maintenance of appropriate residential densities, good neighborhood design, promotion of public transit, and other smart growth principles. Such coordination of investments is all that much easier because the planned first phase of the schools reconstruction program has one school in each of the City's Planning Communities slated for improvements_ Page 87 In general, every plan developed through the GNPA is obliged to address the four guiding principles of the Comprehensive Plan. Plans should provide for sustainable development to achieve the interdependent goals of economic growth, environmental regeneration, and greater social equity. They should also incorporate principles of smart growth to repair or reinforce Buffalo's typically compact and efficient urban environments. In addition, they should follow the basic principles of "fix the basics" and "build on assets" in all their proposals. Page 94 Work on both of these issues is fundamental to the overall strategy of the comprehensive plan. Progress in these areas will advance the sustainability of development in Buffalo. Preservation of the built environment will be wholly consistent with smart growth principles. Both take seriously the call to "fix the basics" and "build on assets. Together, attention to historic architecture and the natural environment will improve the quality of life in Buffalo and help attract both people and capital to the city. Page 95 In many ways, these principles are already woven throughout the Comprehensive Plan. They are visible in the principles of sustainability and smart growth, approaches to environmental regeneration, and philosophies of neighborhood revitalization. The metropolis has a necessary and fragile relationship to its agrarian hinterland and natural landscapes. The relationship is environmental, economic, and cultural. Farmland and nature are as important to the metropolis as the garden is to the house. Buffalo will help relieve the pressure for growth in agricultural and rural areas when it reinvests in itself as a vital urban center and implements the fen principles of smart growth. Page 105 2.6 Framework l:or Revision of the City's Goniug Ordinance To support the implementation of the Buffalo Comprehensive plan and the smart growth principles on which it is based, the City's zoning ordinance needs to be revised and updated. fit. DRAFTCOMPREHENSIVEPLAN MAYO RANT NONYM.MASIELLO Community Action Items The Elmwood Planning Community features a viable and unique commercial corridor that serves as the lifeline for the Elmwood community and is one of the key communities for marketing the City of Buffalo to the region. Continued support of Elmwood Avenue businesses, along with attention to neighborhood revitalization and preservation issues, are key elements in keeping the Elmwood Planning Community vibrant. To address these issues, the City has identified a number of key Community Action Items which will be implemented in the Community over the next ten years. They include: IMMEDIATE ACTIONS Implement Urban Design Standards Redevelop and Preserve Richardson Complex The City will work with Forever Elmwood and the community to implement zoning recommendations and urban design standards for the Elmwood Avenue commercial strip. The City will continue to work with the State of New York to redevelop and preserve the Richardson Complex, including the potential for a consolidated Olmsted School. Proposed "Elmwood Village Design Standards" to be added to ARTICLE XXVIII, § 511 -137: Citywide Design and Site Plan § 511 -155. Elmwood Village Design Standards (Proposed: 03127/2008) A. Legislative Intent. The Elmwood Village Design Standards have been created to ensure that future development (which includes new construction as well as alterations to existing buildings) in the Elmwood Village maintains and enhances the unique character and scale of the community. Important aspects of community character to be protected (or enhanced in areas where it has been lost or encroached upon): a. Pedestrian- oriented building and site design; b. Mixed -use buildings; C. Small scale appearance; d, Creativity and eclecticism. Specific goals to be met through the maintenance and enhancement of these important aspects of community character: a. The easy identification of the Elmwood Village as a unique place within the City and the region; b. A lively and active street life in the Elmwood Village; C. The promotion of sate and pleasant pedestrian access to and around the Elmwood Village; d. The promotion of small -scale commercial enterprises that comprise the intricate web of commerce keeping the Elmwood Village healthy and vibrant. If B. District Boundaries: The Elmwood Village Design Standards shall include all comincreial proper located within the area extending north from the north side of North Street to the south side of Forest Avenue, and west from Delaware Avenue (excluding properties fronting Delaware Avenue) to the cast side of Richmond Avenue. y 'K) #{ p y riS ! t7lf1,'G rr E. 3. f ` -Rf and I l 9 K+ r� 5i 3 ?ltiifl' l F -1r _ ;t�tL�Ciil ti C. Definitions: Definitions relevant to the l lmwood Village Design Standards. Accordion Gate: A metal gate assembly, jointed so that it can be moved to and locked in position across the window or other opening, in order to prevent unauthorized entry through the opening. 2. Awning: A roof like cover extending over or in front of a storefront (as over the deck or in front of a door and/or window) as a shelter. 3. Bay: A main division of a structure 4. Bay window: A window or series of windows forming a bay in a room and projecting outward from the wall 5. Belt Course: A narrow horizontal band projecting from the exterior walls of a building, Usually defining the interior floor levels. 6. Bulkhead: The area below the display windows at the sidewalk level. 7. Canopy: An ornamental projection, over a door, window, niche, etc. 8. Coiling Shutter: A moveable screen or cover used to protect an opening. 9. Clerestory: an outside wal I of a room or building that rises above an adjoining roof and contains windows. 10. Column: A supporting post -- often round in shape --found on storefronts, porches, and balconies; may be fluted or smooth. 11, Cornice: The projecting uppermost portion of a wall, sometimes treated in a decorative manner with brackets. 12. FaVadc: The face of a building, especially the principal face. 13. Fascia Signboard: A flat horizontal member of a building having to be used for a nameplate over the front of a shop. 14. Fenestration: The arrangement of windows in a wall. 15. Frieze: The portion of the facade found just below the point where the wall surface meets the building's cornice or roof overhang. 16. Front Lot- T...,ine: On a regular lot, the front lot line is the shared line between the lot and a sidewalk /public right -of -way. IT Gable roof .A roofthat consists of two sloping planes that meet at the ridge or peak. The planes are supported at their ends by triangular, upward extensions of walls known as gables. 18. Mansard Roof: A roof that has two slopes on all four sides. 19, Massing of the Building(s): The combined effect of the arrangement, volurne and shape of a building or group of buildings. Also called bulk. 20. Parapet: The portion of an exterior wall that rises entirely above the roof, usually in the form of a low retaining wall; the parapet may be shaped or stepped. 21. Pilaster: A shallow pier attached to a wall; often decorated to resemble as classical column. 22. Public Right -of -Way: Includes the street, curb and sidewalk area in front of private property at the front lot line. 23. Scale: A relative level or degree; to make in accordance with a particular proportion or scale with the surrounding architecture. 24. Secretary of the Interior Design Standards: The U.S. Secretary of the Interior sets the standards for national preservation programs. 'file Standards for Rehabilitation provides guidelines for rehabilitation and adaptive reuse ofhistoric properties. 25. Setback: An architectural expedient in which the ripper stories of a tall building are stepped back from the lower stories; designed to permit more light to .reach the street. 26. Side light: A framed area of fixed glass alongside a door or window opening. 27. Storefront: `fire front side of a store or store building facing a street 28. Texture: The visual or tactile surface characteristics and appearance of a building 29. ['ransom: A small- hinged window above a door or another window. 30. Transparent Glass — .Degree of Tinting: Capable of transmitting light so that objects may be easily seen on the other side. 31. Valance: A short drapery, decorative board, or metal strip mounted across the bottom of an awning to conceal structural fixtures. 31 Viewing Zone: The viewable portion of a storefront front the outside sidewalk. D. Community Notification. In addition to the City's normal notification procedures, the following additional notification procedures shall apply to all commercial properties within the Elmwood Village Design Standards district as well as residential properties that are requested to be rezoned to a commercial use or where a demolition is requested: Within three business days of receipt of an application for a building permit, a demolition permit, or a rezoning request, the City will transmit a copy ofthe application to the appropriate contact person at the appropriate community organization(s). These contact people will be kept on file in the offices of the City Planning staff assigned to the Planning Board and Preservation Board. It will be the responsibility of the community groups to keep this information current. 2. The City Planning Department staff person responsible for nuking up the Planning Board, Zoning Board, and Preservation Board agendas will transmit each agenda of those Boards to the appropriate contact person(s) at the community organization(s) seven business days prior to the subject board meeting. 3. Immediately upon submission ol'an application for a building permit or a rezoning request, the applicant is required to affix a permit request sign to the property, in such a location that it is immediately visible from the major street with which the property is associated. Said sign shall state the nature of the permit requested (building permit, demolition permit, application for rezoning, etc.) and the appropriate phone number to call for more information. Such sign will be applied by the applicant at their expense and will be made and printed with durable material to withstand weather clements, and will be a minimum size of 4 feet by 4 feet. Such sign must be displayed for a nlirrirnum of 10 days prior to public hearing. (Photo #1 below) t?. Demolitions. Demolition of structures for reasons other than to preserve public health and safety are not encouraged. Any proposed demolition of private property must have a reuse plan reviewed and approved under this Article prior to demolition. I�. Building to site relationships. Site design shall be oriented toward the pedestrian. Buildings shall be built to the front lot -] ine, with setbacks of up to 10 feet from the lot line allowed to accommodate pedestrian- friendly uses such as outdoor eating spaces or small public plazas or sitting areas that welcome pedestrians but that do not impede pedestrian traffic. 2. Parking will not be allowed in front of or at the sides of buildings. Parking is only allowed behind buildings. New site uses should accommodate existing mature trees and all sites should incorporate appropriate landscaping. 4. New buildings built on corner lots shall be placed on the lot in such a way that they hold the corner by building to the front and side street lot lines. f, G S. Dumpsters shall he completely and attractively screened from the public right of way, Specific standards and consideratio»s. Scale. New buildings will maintain the predominant scale of other buildings in the Elmwood District a. New buildings shall respect the predominant height of buildings within the area. (Drawing I )The predominant height of buildings is between two to two and one half stories, sometimes with the 2 % story portion located behind a one or two story storefront. This height provides noise separation between residential neighborhoods and the commercial street; creates the density levels that are critical to maintaining a viable and pedestrian- friendly commercial district; and contributes to the safety of the district and its liveliness. One story buildings and buildings of more than five stories are considered inappropriate. � 3 t�L Wl i .`vtst :'tr5�`rtf�t�t'l:�rc Drawing #I 17�'k i'Iittt No t r b. The floor to floor height of the ground floor story shall be approximately 15 to 18 feet tall or approximately 50% greater than the upper story floor to floor height(s). Cornice . W1 3 E , � � l (3xvei Y'd4:-ad - q.`��lT1l.It�E3l2�J �,i Drawing 92 C. New storefronts shall respect the predominant width of storefronts in the Efinwood Village which tends to be not more than 25 feet wide. Where tr new storefront is intended to be wider than this, it should incorporate architectural elements, such as bays, columns, and divided windows, that allow it to appear to be several smaller storefronts and thus allow it to be subdivided into smaller storefronts in the futrn N'- t� . P t Drawing #3 General Resign. Architectural designs and details that respect IIrc character of the Elmwood Village shall be incorporated to encourage building design diversity, break up the mass of larger buildings, and create a strong pedestrian orientation. a. 'Traditional organizational composition, including a strongly articulated lower facade, an identifiable upper facade, and a decorative cornice capping the building is encouraged (Drawing #2) Buildings shall create visual separation between the lower faVade and the upper fir4ade, as this creates a strong orientation toward the pedestrian. Some design elements that are particularly successful in creating this separation include utilizing canopies (Drawings #4, mote 8), varying textures (Drawings ##4, note 9), varying window patterns (Drawings #4, note 10), and incorporating sign friezes or storefront cornices ( Drawings #4, note 11). Signage extending above the first story of a building is discouraged for ground floor uses that do not extend to upper floors (Drawings #4, note 12). Drawings ##4 Include design elements such as window bays, columns, awnings, changes in material or texture, and window and entrance design and placement, in a way that serves to break up the massing of the building. s d. Details on existing buildings, such as transoms, decorative cornices, pilasters, Columns, or beltcourses are encouraged and should not be covered up or removed from existing buildings. Exterior materials shall be durable and of high duality. On facades that are easily visible from the street( synthetic materials that mimic natural materials (such as vinyl siding, dry -vit or concrete block) may be not be used. Buildings built on Corners, or on lots where the size or setback of adjacent buildings makes more than one side visible from the public right -of -way, must treat each visible side as a primary facade and incorporate the appropriate details, materials, and fenestration. g. Roof design shall be functional and in -scale and character with the building and the community. In the Ehnwood Village roofs are generally either front gable steeply - pitched or flat /slightly pitched surrounded by a parapet (Drawings 95, note 13). Roofs should not make rip more than 25% of tile visible facade area of tile building (Drawings #5, note 14), except where the portion of the rooron the facade is considered "useable space," as with a Mansard style roof. The cornice and /or parapet is an area where architectural detail and materials are important as they can add distinctiveness and visual emphasis to a building, but they should be designed to be consistent with the body of the design in scale art(] detail. Drawings #5 14. Mechanical equipment should be located on the rear of buildings or on the roof and be properly screened (e.g., with a parapet). Entrances: Entrances shall be well articulated and oriented toward the primary street. a. Architectural detail shall be incorporated into the ground floor facade in order to create an easily identifiable and welcoming entrance. This is typically accomplished through: recessed entries placed between two display windows (Drawing #6, note d . 4 .. 9 Drawings #5 14. Mechanical equipment should be located on the rear of buildings or on the roof and be properly screened (e.g., with a parapet). Entrances: Entrances shall be well articulated and oriented toward the primary street. a. Architectural detail shall be incorporated into the ground floor facade in order to create an easily identifiable and welcoming entrance. This is typically accomplished through: recessed entries placed between two display windows (Drawing #6, note 4) V 15), decorative or distinctive entryway paving (Drawing 86, note 16); bulkheads of contrasting materials (Drawing 46, note 17) — note that bulkheads should not extend higher than 30 inches from the ground plane; and /or per signage or awnings placed directly over the entrance (Drawing 46, note 18). 1. 17' 1 11. Drawing ##6 Major entrances should be oriented toward the primary street. Under no circumstances should a building's primary entry be located through a parking lot. (Drawing 47) y J� Drawing #7 4. Fenestration. Window design should respect the window patterns (including size, Proportion, spacing, and rhythm) of the street. First floor window and display design should create a feeling of transparency on the grotind floor of the building. This contributes to a sense of safety and is welcoming to pedestrians. The viewing zone of the first floor fa.gade (from 2 to 8 feet above the ground plane) should be made up of approximately 75% transparent glass. Signs painted on windows and temporary window signs are encouraged, so long as they do not obstruCt more than 30% of the view from the sidewalk to the interior. T his amount of transparent, unobstructed glass is necessary on first floor facades in order to re provide a safe and welcoming sidewalk environment. Where a new building is to be located on a corner, each side visible from a street should be considered a primary storefront fad ade and incorporate these fenestration patterns, unless doing so should be unduly obtrusive into a primarily residential street. {Drawing #8} Drawing #8 b. Sill heights for window displays should not exceed 30 inches. Window displays are encouraged, but visibility into the building from the sidewalk should be maintained. (Drawing 0) Drawing; 49 C. Display windows should generally be designated as large frill glass openings. Smaller panes or ornamentations on storefront windows should generally be reserved for clerestories or sidelight areas so as not to present a residential or fake historic character. d. Upper stories should incorporate window patterns and designs that are compatible with and complimentary to existing upper story window patterns on the block. C. Existing windows, transoms, or sidelights are important scale and character elements and should not be covered up or changed in size unless in an effort to restore the original appearance of the building. Transparent glazing should be retained and not replaced with transluceut glass or any opaque material. f. Security devices such as coiling shutters and accordion gates are discouraged on front facades. Alternative security devices such as lighting, alarms, and interior barriers are generally more effective in deterring crime and less likely to create an oppressive or unsafe feeling on the sidewalk. ' t i ! _..£ i Drawing #8 b. Sill heights for window displays should not exceed 30 inches. Window displays are encouraged, but visibility into the building from the sidewalk should be maintained. (Drawing 0) Drawing; 49 C. Display windows should generally be designated as large frill glass openings. Smaller panes or ornamentations on storefront windows should generally be reserved for clerestories or sidelight areas so as not to present a residential or fake historic character. d. Upper stories should incorporate window patterns and designs that are compatible with and complimentary to existing upper story window patterns on the block. C. Existing windows, transoms, or sidelights are important scale and character elements and should not be covered up or changed in size unless in an effort to restore the original appearance of the building. Transparent glazing should be retained and not replaced with transluceut glass or any opaque material. f. Security devices such as coiling shutters and accordion gates are discouraged on front facades. Alternative security devices such as lighting, alarms, and interior barriers are generally more effective in deterring crime and less likely to create an oppressive or unsafe feeling on the sidewalk. Signage and Awnings. Signage; and awnings should be pedestrian- oriented in size, placement, material, and color. a. Perpendicular signs placed about 8 to 12 feet above the ground plane, extending no more than .5 feet from the building face, and with a total area of no more than 16 sq. ft. are strongly encoiuraged. No morc than one horizontal sign per establishment shall be permitted, except in those instances where an establishment has .more than one customer entrance or faces onto more than one public right-of-way/ side street. Drawing # 10 Wall signs attached flush to the building facade are also e11couraged, so long as they do not extend above the roolline and do not obscure architectural details or features, including windows, transoms, and clerestories. On existing buildings there will often be a fascia signboard spot above the first floor windows and entryway where wall signs can be attached. (Drawing #11, note 23) 23 Drawing 911 d x 23 Drawing 911 Signs for ground floor establishments shall not extend above the ground floor f i� adc, unless the establishment itself extends to the upper stories. d. Freestanding pole signs should not be used under any circumstances. Freestanding signs may be permissible in circumstances where a commercial use is being developed in a building that has already been developed with a substantial setback from the property line (such as offices being developed in former residential spaces). Under these circumstances, freestanding signs should not project past the property line, obscure the building, be more than five feet in total height, or have a total area exceeding 16 sq. ft. Nor should these signs extend all the way to the ground, allowing sonicone to conceal themselves behind them. These signs should be set back at least 2' from the public right -of -way. Under no eir"GUnistances should signs or awnings be attached to a building in such a way that obscures or damages significant arehiteetnral elements of the building. Awnings that are 'functional for shade and shelter purposes are encouraged. These awnings should be made of canvas or a canvas -like material, should fit the -shape and scale of the window or door they are sheltering, and should be designed to be compatible with and complimentary to building signage and design. Awnings should not be considered signs and lettering or signage. should not be located on any portion of an awning, including the valance. g. Under no circumstances should plastic - farmed or vacuum - formed awnings or any other style o €awning whose primary purpose is to act as signage be permitted. Under no circumstances may awnings or signs be backlit or internally lit. Instead lighting should typically come from direct shielded light sources and be carefully integrated into the overall design of the building so as to provide visibility and safety but to avoid creating glare or light distrlbUtlon that adversely affects motorists, pedestrians, or neighboring properties. Neon signs and accents are a part of the character of the Elrnwood District and are generally encouraged so long as they are carefully designed with shapes and colors that complement the architecture of the building and the district. Temporary neon advertising signs shall be limited to no more than two individual signs per storefront. �1 Presently the JDaximum square footage for businesses in the FI'B zoning district is regulated in: 511-56.E.(9). "Maximum floor area for a single business outlet, two thousand five hundred (2,500) square Feet on any single floor or five thousand (5,000) square feet total floor area in any single building." There has been some confusion about the exact meaning of this and we recommend changing it to: "A single business outlet is allowed to have a maximum floor area of two thousand five hundred (2,500) Square feet per floor and five thousand (5,000) square feet maximUM in a single building." f NIA PETITIONS Dee 23, 2008 l K. LANG, OWNER, USE 1900 HERTEL AVENUE FOR AN OUTDOOR PATIO (UNIV)(HRG, 12/30) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 0 GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics OFFICE OF THE CITY CLERK 65 NIAGARA SQUARE ROOM 1908 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: 0__ t 1 l r4 rc s to be held in the Council Chamber, 13th Floor, City Mall On: AT 2:00 PM ATTENTION: NTACT BILL GRILLO PRINCIPAL PLA FOR PLANNING BOARD MEETING. 3 YY 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. Signe - -Agent a�Ownerr Print Name ; hone Date 851 -5086 J �kt/ City of Buffalo 65 Niagara Squa p Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 12/16/2008 1 0:49 AM A1P # 133661 Page 1 A pplication Information - -- Stages - - -- - Date ! Time By Date/Time By Processed 12/16/2008 10A3 CARRJ Temp COO Issued COO j Final Expire ........ ... ... ... ..... -- - - -- - _ - -- - -- Ass9ciated Information -- - - - - .... Type of Work # Plans 0 Declared Valuation 3000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name L?e &S _ riplQ:Ci 4zf iNt?xk - - -, CC APPROVAL REQUIRW *!' "61.1- 59E,F.:TO REESTABLISH A RESTRICTED USE IN THE HERTEL AVENUB SPECIAL DISTRICT DUE TO CHANGE OF OWNERSHIP AND TO PERMIT THE ESTABLISHMENT OF AN OUTDOOR PATIO AT THE FRONT OF A TAKE OUT RESTARANT. FEE REQUIRED, PUBLIC HEARING REQUIRED, UNIVERSITY DISTRICT BONNIE RUSSEL C - - . ....... __ - - -- Parent A!P # Project # Project/Phase Name Phase # Size/Area Size Description Address 1900 HERTEL BUFFALO NY 14214- Location Contact ID A0212484 Name MINED JANET M Mailing Address 842 THOMAS FOX DR City NO TONAWANDA ZIP /PC 14120 Day Phone Fax No Addresses are linked to this Application 0796100001003000 USE Building Application t Submitted By JAMES CARA Organization State/Province NY Country USA [] Foreign Evening Phone Mobile # No Parcels are linked to this Application �plicantslCantacts. '-ity of Bufifaio USE Building Application i5 Niagara Square 3uffalo, NY 14202 1 71(3)851.4 Fax (716)851_5472 leport D ate 12/18/200810: A Su By - JAME CA RR Page 2 Primary N Capacity OWNER Effective Effective Expire Name MINED JANET M Contact ID OWNER Clay Phone Name Eve Phone Pager PIN p Fax Comments Mobile E -Mail No Comments Address 842 THOMAS FOX DR NO TONAWANDA. NY 14120 USA Comments No Comments DM1 Primary N Capacity APPL Effective ACJ22429 Expire Name KEVIN LONG AC123700 Day Phone (716)912 -0568 x Eve Phone Pager OWNER OF PROPERTY OR TENANT PIN # Fax Mobile E -Mail Address 34 MORRISON TONAWANDA, NY 14150 USA Comments No Comments Contact ID AC212484 ❑ Foreign Organization Position Profession Contact ID AC324095 ❑ Foreign Organization 1900 HERTEL AVE INC Position Profession Primary Y CC APP Capacity Type 440263 Effective 0 N Expire Contact ID OWNER Name OWNER (TENANT) Phone Fax Address (SEE UNDER APPLICANT) Comments No Comments 000000 DM1 AC 12792 OWNER OF PROPERTY OR TENANT 0000000 SPC ACJ22429 OWNER 222222 SPC AC123700 OWNER 000000 HIM AC12792 OWNER OF PROPERTY OR TENANT APPLICATION FEE U 25.00 Total Unpaid 25.00 Total Paid 0.00 440282 CC APP 0 N 440263 PLAN REV 0 N ..... -- r City of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14282 (716)851 4949 Fax (716)851 -5472 ) ........ ......... - -- .... Report Date 12/16/2008 10:49 AM Submitted By JAMES CARR Page 3 Review Aetrvities Act # Act Type . Status 1Na €ved Issued Started Com leted GQmp By: Cotnmarits . Check Conditions I' r ved 8 Ap roved Crate Ap lied a Annlipel Date - Assigned Rn 1 10 Ap rove p Q Y Supervispr Iequire Comments ....::.. ..... - ............ ---------- p. p Y No Conditions CHANGE OF USE.. Work done by owner D zoning Board F] Residential [ ]Work with out Permit (FINE) Commercial (_) Multiple Dwelling FLAT FEES Existing Use TAKE OUT REST New Use TAKE OUT REST, OUTDOOR PATIO ON PVT PROP I 8 ❑ Electrical Dwelling Units Lost 8 ❑ Plumbing Dwelling Units Added [] Heating Debris NONE i I�mp €Qyeo - Employe* ID Last First Nil Comments No Employee Entries r No Log Entries 121 l 0 cy- W Q Q u FENCE .. /7" . 2 !i 3 3 x ASPHALT PARKING EXIST BUIG' i 5 1 10 A. 11 12 13 x S SERVING ER V INDOWS 7 IN ASPHALT S E ' 90p 9 22 q2lz�3 � 80 121' H E R T E L A V E N U E REFRESHMENT STAND SITE 'LAIC EVIN LONG lw SCALE- 1 =2Q _p © 24 8 12 20' 28' �� �' �� ° _�c �` ^� '` 1900 HERI EL AVENUE �; -�'~ ' r L,� '�, ■ ►mom BUFFALO, NEB' YORK t 4 r ' %; n ' � ► a SITE PLAN ,yo �`,�,. EDWIN G. EGAN ARCHITECT M W � 205 YORKSHIRE ROAD GREEN ACRES BLDG. TONAWANDA, MY, 14150 745 - $36-47 - REVISED DEC. 10. 2008 came . 2 & - - 2fl asw L", , P , , ")nR A- FLOOR PLAN REFRESHMENT STAND SCALE; % " =l' -0" 1900 HERTEL AVENUE DEC. 1, 2008 BUFFALO, NEW YORK REVISED DEC. 10, 2008 28 -PR -20 EXISTING BUT D E G K SEE A -3 5 �s ,i t = 5 ? W I N G. E L A N• ARCHITECT 5 YORKSHIRE ROAD 74 ';,..r �:YO NAWANDA, N.Y. 14150 / 7 16 - 836 -4277 A- m 24' USE TREATED LUMBER EXTERIOR - DECK DETAILS SCALE DECK PLAN REFRESHMENT STAND � ,� �` � A �� DWI N G. E G A N • ARCHITECT v X4 1900 HERTEL AVENUE � -' �° 2 0 5 YORKSHIRE ROAD SCALE: /4 - 1 -0 -� � . x � DEC:. 10, 2008 BUFFALO, NEW YORK � © , � � � T O N A W A N D A, N.Y. 14150 28- PR -20 1 716- 336 -4277 A -3 ^7 1 1 -q J ss ?Y�F�a K. ELLIOTT, OWNER, USE 810 ELMWOOD FOR A RESTAURANT (NORTH)(HRG,12 /30) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD , I 11-w OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: to be held in the Council Chamber, 13th Floor, City Hall On: AT 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed �� t � Agent orOwner) ` Print Names b Phone # 1 Data ATTENTION: PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER 851 -5086 FOR PLANNING BOARD MEETING. City of Buffalo 'P5 Niagara Square Buffalo, NY 14202 (716 Fax (716)851 -5472 1 USE Building Application w Submitted By FLD I Date / Time By Processed 12118/200815:46 DIGEF Issued Final Page 1 Temp COO COO Expires Date / Time By - __ __ -- Declared Valuation 0 -00 Calculated Valuation 0.00 Actual Valuation 0.00 ssociated_tnCQr_m i n -_- ...- ... — Type of Work # Plans 0 Dept of Commerce # Pages 0 Priority Auto Reviews Bill Group Squa Foot age 0.00 N ame e .Ctp..ti.9n of Work - -- _._. — ............. _.......__ .. . — PLANSJRESTRICTED USE PFRMIT (511- 55)C.0 APPROVAUPUBUC HEARINGIFEE ALL REQUIRED TO ALTER THE FRONT PORTION A2 STORY FRAME MIXED USE BU TO ALL RESTAURANT(A2) IN THE ELMWOOD AVE SPECIAL ZONING DISTRICT. SURVEY SCANNED. Parent A/P # Project # Project/Phase Name Phase # Size /Aroa Size Description Address 810 ELMWOOD BUFFALO NY 14222- Location Contact ID AC51015 Name LEONG,JAMES Y & SUSAN S- Mailing Address Organization City 500 LEBRUN ROAD State /Province AMHERST, NEW YORK ZIP /PC 14226 Country [ ] Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/2B/2000 To 05/0612007 Contact ID AC892082 Name LEONG,SUSAN S. Mailing Address Organization City 500 LEBRUN State /Province AMHERST NY ZIP /PC 14226 Country U Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 11/25 To 05/06/2007 Contact ID AC1248399 Name NEIGHBORHOOD COLLECTIVE I Mailing Address Organization City 810 ELMWOOD State /Province BUFFALO NY ZIP /PC 14222 Country [ ] Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 City of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14202 ( -49491 Fax L (i1r3)ts5i -54!2 Date 1 211 81 2608 03:57 PM Su By FL D � Page 2 Cv1t r/7rtnt Contact ID AC233755 Name NEIGHBORHOOD COLLECTIVE INC Mailing Address 810 ELMWOOD AVE Organization City BUFFALO State /Province NY ZIP /PC 14222 Country USA Cj Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 04130/2004 To Llilfesd A4'rlra�,s`BS No Addresses are linked to this Application A!P t.lnk 9� ; Addres5 No Addresses are linked to this Applic t_trCrsd f*ar�efs _ .. 10 02100 0 03015000 No Parcels are linked to this Application �Spli�atrts�Contaat;a- - ..; No Applicant Contacts Contractats Primary Y Capacity Type Effective Expire Contact ID T88 Name TO BE BID Phone (716)851-4924 x Fax Address 301 CITY HALL Comments BUFFALO, NY 14202 - TENENTlAPPLICANT: KATE ELLIOTT 553 -7208 999999 HIM AC125720 TO BE BID tten � ;attrS llerrt t�;sscriptlal� ....' Check Fees Fees Failed APPLICATION FEE ($25.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 440732 CC APP COMMON COUNCIL APPROVAL REQ'D Incomplete. 440733 FPLAN FIRE PREVENTION PLAN REVIEWREQ Incomplete 440734 PLAN REV - REVIEW REQUIRED Incomplete Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Valid License(s) HIM License Valid Check Children Status Children Successful Check Open Cases 1 Case # 92405 trees '. St$t€ Pa1d p�t�3 AttTOUrlt APPLICATION FEE U 25.00 Total U npaid 25.00 Total Paid 0.00 City of Buffalo 65 Niagara Square R, Buffalo, NY 14202 (716)851- 4949 Fax (716)851 -5472 Report Date 12/18/2008 03:57 PM Submitted By FLD USE Building Application page 3 440733 FPLAN 0 N 440734 PLAN REV 0 N Activity Review Detai No Activity Revre w Details No Condition Plann rrrg.C�sndrtran bescirptran There is no planning condition for this project. I No Records for This Search Criteria Work done by owner Residential [ ] Commercial [_] Multiple DwelMq Existing Use New Use Dwelling Units Last 0 Dwelling Units Added d Debris U Zoning Board U Work with out Permit (FINE) FLAT FEES ( j Electrical .) Plumbing (.) Heating I There are no Items in this list D L E. SAHA1, AGENT, USE 1010 MAIN STREET FOR A HUMAN SERVICE FACILITY (ELL)(No Pub I-Irg) REFERRED `I'O `I,HE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD r� 4 t 1� NAME OF G NT/ . WNFR jo Y5,N (- ADDRESS PROJECT THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851.5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. —%y vt 4Jl{' 65 Aliagara Scivare Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -6472 uu timaing Application 4 �rc �rfarr irate 121u2i2i:uF 003,14 PIA Submitted By DAMIi KRUG Page i � A1P # 133131 r rikppll�atioM lrttortt�tlr�rt u Bate / Time By Date 1 Time By Processed 12/02/2008 15:10 KRUGD Temp COO issued COO Final Expires ---- Pion Type of Work # Plans 0 Declared Valuation 40000.00 Dept of Commerce # Pages 0 Calculated Valuation 0,00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name Z.B.A. APPROVAL REQ. FOR A HUMAN SERVICE FACILITY. COMMON COUNCIL AND CITY PLANNING RECOMMENDATIONS REQ. (NQ PUBLIC HEARING REQ.) ALTER 2 EXISTING 3 STY. MASONRY OFFICE BLDGS. FOR A HUMAN SERVICE FACILITY (COUSEUNG AND TREATMENT) BLDGS. ARE AT 10 10 MAIN AND 1026 -1028 MAIN. PLANS REQ, NO EXTERIOR WORK Parent A/P # Project # Project/Phase Name Phase # Size /Area Size Description Address 1010 MAIN BUFFALO NY 14202 - Location s f�` Contact Ill AC275126 Name LLC 1010 GROUP Mailing Address 295 MAIN ST STE 210 Organization City BUFFALO State /Province NY ZIPIPC 14203 Country USA (_) Foreign Day Phone (716)854 -0060 x Evening Phone Fax Mobite # No Addresses are linked to this Application J No Addresses are linked to this Application 1007100006004100 No Parcels are linked to this Application City of Buffalo 65 Niagara Square Buffalo, NY 14202 (7 16)851-4949 Fax(716)851 -5472 GC Bui[dina AppNe.ation Report Date 12/02/2008 03:14 PM Submitted By DAVID KRUG Page 2 Primary Y Capacity OWNER Contact ICI AC275126 ❑ Foreign Effective Expire Name LLC 1010 GROUP Day Phone (716)854 -0060 x Eve Phone Organization Pager PIN # Position Fax Mobile Profession E -Mai l Address 295 MAIN ST STE 210 BUFFALO, NY 14203 USA Comments MARK ROMANOWSKI 844 -3709 AGENT WITH HARTER SEACREST & EMERY Primary N Capacity Type Effective Exp€ re Contact ICs 2446 Name ELLICOTT CONSTRUCTION INC.(GNC Phone (716)854 -0060 x Fax Address 210 ELLICOTT SQ. SUITE 210 Comments BUFFALO, NY 14203 - No Comments 534646 HIM AC663014 CARL PALADINO r^ ' ,..xu.:• s� 5 r s'' r < d ""� E ;�,,.'�� t k - .- ✓y " u � �:.:,�,,� -_- ' r p F rv, �ti .,,-i ',r Check Fees Fees Failed APPLICATION FEE ($50.00) Unpaid GC PLAN REVIEW - BUSINESS ($604.98) Unpaid GC PMT, INSP, C OF O FEE - BUSINESS ($810.00) Unpaid CC PMT,INSP,C OF O - INITIAL FEE ($200.00) Unpaid ,ZONING BOARD FEE ($75,00) Awaiting Check Inspections inspections Successful Check Reviews Reviews Failed 437684 CC APP COMMON COUNCIL APPROVAL REQ'D Incomplete , 437680 LANDMARK LANDMARK PROPERTY DISCTRICT Waived 437682 PERMIT REVIEW OF PERMIT TAB Approved 437681 PRES PRESERVATION BOARD REVIEW Waived 437685 ZONVARI ZONING BOARD VARIANCE REQUIRES] Incomplete Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 0 _ � `` rs� z - � � t: y, �. ,� a z x r � �x ' �;,�.•, �.. - s ,��, �� t - �. < - ; -�- e - t :�s-r ���- : =�YZY r r : r€ N 8 y a ' cy c - - v t��TEt ate ✓ s r o- _x�Ot1R� ` ��: APPLICATION FEE U 50.00 GC PLAN REVIEW - BUSINESS U 604.98 GC PMT, INSP, C OF O FEE - BUSINESS U 810.00 GC PMT,INSP,C OF O - INITIAL FEE U 200,00 ZONING BOARD FEE A 75.00 Total Unpaid 1739.88 Total Paid 0.00 a,Ity u1 oullcuu 171r ouiluirl!j J"kPJj11t;dL1U11 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date I21u2i2008 03: PM Submitted By DAVID KRUG Page 3 437684 CC APP 0 N 437680 LANDMARK 0 Y 12/021200815:10 437681 PRES 0 Y 121021200815:10 437685 ZONVARI 0 N 437682 PERMIT 1 N 121021200815:10 121021200815:10 121021200815:10 KRUGD No Activity Review Details 'ate 7 ✓rs� r �+ � �,."' ac - mss' `� �,- ?i . ' - �hw3y� °�-•� �.$� -'x�a. $ .�-x � , �y_.:e�s� _ ,�; " .�n a��`. ��_ �"',�:�.������' � "c„- y�'�- �rr��,;�.., � � ` �?�., -� s� �°��`�^•,.'= �..����,`�*'` �`. � �'�, -so- �.`1�,� -� ���`��" No Conditions ";.. �_yf y ;; sue d „x, . r ' �; z. F k _nx.. _. _ z x �.• "�` ,� sue. z�g ., -:;fit, r,""'4, -..3 . a - , 5 "� �''k. "3 -- a�9f�r�t7[t$tIQ�1ti,�t ��:. .',, �d _�r- >._ ,_.. Via.. h:..:2 .a..,. ,� •.> 4'1.. ,_.._ ... .. m tt :.� ..:r,.._ .� 0 No. of Residential Units Lost [] Residential ❑ Work Without Permit (FINE) Debris: 0 No. of Residential Units Added ❑ Commercial E) Work Done by Owner E) Truss Construction ® Zoning Board of Appeals 12/02/2008 15:07 ELEVATORS You must fill out the custom form on activity detail if there is ELEVATOR work to be Building Construction: MAS. completed. �c B 20250:00 Y i C, � �6.�_:�"x' - a^sa3"` 2"'.__ `F �,.x '~:�� +� �"�- v_. � n."�,r ".`: �" c� _ v 'z'a�s3..- ,j�s �.k,} -'C �•,asa , �.c� �s � °¶ �..� No Employee Entries No Log Entries December 2, 2008 VIA IIAND DEL.:IVERY City of Buffalo Zoning Board of Appeals 901 City Hall 65 Niagara Square Buffalo, NY 1.4202 Attn: Tore Chwalinski Re: Community Mental Health Center - Use Pen for Ilulnan Service Facilities 1010 -1028 Main Street, Buffalo, New York Dear Ladies and Gentlemen.: On behalf of Kaleida Health ( "Kaleida "), we are submitting this Letter of Intent in furtherance of Kaleida's request for a Use Permit for Human Service Facilities to relocate its Community Mental 14calth Center ( "CMH( .") from its existing location at the corner of Ellicott Street and Goodrich Street to the proposed site at 1010 -1028 Maim Street, Buffalo, New York ( "Project Site "). The CMI -IC needs to be relocated to accommodate the construction of the proposed Global Vascular Institute ( "GVI" ), The new location will provide more modern facilities and easier access for patients. include: The Community Mental Health Center contains five (5) di.ffcrc:nt outpatient programs. These • The Adult Mental Health Outpatient Clinic • A Behavioral Health Case Management Services • A Continuing Day Treatment Program • The Outpatient Partial I lospitalization Program; and • Alcohol and Substance Abuse Clinic. All of the services offered are outpatient only and are currently operating at the existing facility at the corner of 1Ilicott Street and Cloodrich Street. Notably, the relocation of these services will not result in an increase in services offered in the neighborhood and the New York State Department of Health specifically required Kalcida to relocate the CMHC within close proximity to its existing facility. The proposed Project Site nieets all of these criteria. TWELVE FOUNTATH PLAZA, '.QUITE 400 BUFYALO, NY 14ZOP PF93 PHONE: 71E,. £�5;3. 1616 FAX: 716.853.1617 ROCHESTER, NEW YORK • BUFFALO, NEW YORK • AEBANY, NE.W YoHK • NAPL..E'i, FLORIDA HEir S ecresi. far. Emery ATTORNEYS AND COUNSELORS w V!V✓. N SEA. Ave. C.OM December 2, 2008 VIA IIAND DEL.:IVERY City of Buffalo Zoning Board of Appeals 901 City Hall 65 Niagara Square Buffalo, NY 1.4202 Attn: Tore Chwalinski Re: Community Mental Health Center - Use Pen for Ilulnan Service Facilities 1010 -1028 Main Street, Buffalo, New York Dear Ladies and Gentlemen.: On behalf of Kaleida Health ( "Kaleida "), we are submitting this Letter of Intent in furtherance of Kaleida's request for a Use Permit for Human Service Facilities to relocate its Community Mental 14calth Center ( "CMH( .") from its existing location at the corner of Ellicott Street and Goodrich Street to the proposed site at 1010 -1028 Maim Street, Buffalo, New York ( "Project Site "). The CMI -IC needs to be relocated to accommodate the construction of the proposed Global Vascular Institute ( "GVI" ), The new location will provide more modern facilities and easier access for patients. include: The Community Mental Health Center contains five (5) di.ffcrc:nt outpatient programs. These • The Adult Mental Health Outpatient Clinic • A Behavioral Health Case Management Services • A Continuing Day Treatment Program • The Outpatient Partial I lospitalization Program; and • Alcohol and Substance Abuse Clinic. All of the services offered are outpatient only and are currently operating at the existing facility at the corner of 1Ilicott Street and Cloodrich Street. Notably, the relocation of these services will not result in an increase in services offered in the neighborhood and the New York State Department of Health specifically required Kalcida to relocate the CMHC within close proximity to its existing facility. The proposed Project Site nieets all of these criteria. TWELVE FOUNTATH PLAZA, '.QUITE 400 BUFYALO, NY 14ZOP PF93 PHONE: 71E,. £�5;3. 1616 FAX: 716.853.1617 ROCHESTER, NEW YORK • BUFFALO, NEW YORK • AEBANY, NE.W YoHK • NAPL..E'i, FLORIDA Harter Secrest & Emery i,LP ATIORNEY5 AND COUNSEi3ORS December 2, 2008 Page 2 The following exhibits are also attached hereto and made part of this Letter of Intent in furtherance of Kaleida's application for a Use Permit: Exhibit "A" — Previously approved Site Plans and Elevations for 1010 -1030 Main Street Exhibit "B" — K.aleida's proposed space allocation for 1010 -1028 Main Street Exhibit "C" — L,andowner Authorization. Exhibit "D" -- State Environmental (duality Review Act Full Environmental Assessment Form for the relocation of the Community Mental health Center Exhibit "E" — Human Services Application Form PROJECT DETAILS Applicant: K.alcida I lealth Local Contact: Marc A. Roxnanowski, Esq. Harter Secrest &, Emery LLP Twelve Fountain Plaza Suite 400 Buffalo, New York 14202 (716) 853 -1.616 Facility Location: 1010 -1028 Main Street City of Buffalo, New York Landowner: 4628 Group, Inc. (A landowner authorization is attached as Exhibit "C ") Zoning District_ CM -- Commercial R5 - Residential Facility Description: Provides individualized treatment services and clinical coordination designed to help those affected by behavioral health issues, psychiatric disorders or substance abuse. PROJECT DESCRIPTION The Community Mental Bealth Center at Buffalo General Hospital provides treatment and rehabilitation services to those in Western New York whose lives have been touched by emotional struggles, substance abuse and dependency, behavioral difficulties, severe mental illness, and those who are on a journey of recovery. Harter Sec,rest & Emery LLP ATTORNEYS AND COUNSELORS f. December 2, 2008 t Page 3 Helping people with mental illness and addictions identify the tools and resources they need to achieve balance in spiritual, emotional, physical and intellectual health is the mission of the Community Mental Health Center at Buffalo General Hospital. Kaleida believes people can, and do, recover from mental illness and addictions when they are involved in shaping their own treatment plan. By giving them the chance to regain control of their lives, Kaleida helps them focus on personal wellness, reenergize hope and opera the door to recovery. To help understand the layout of the proposed CMHC on Main Street, we have attached the previously - approved Site Plans for 101.0 -1030 Main Street (Exhibit "A ") and Kaleida's proposed floor plans for the CMHC within 1010 -1.025 Main Street (Exhibit "S "). Also attached as Exhibit "E" is the Human Services Use Permit Application Form. Overview of Services Offered at the CMHC The CMHC provides individualized treatment services and clinical coordination designed to help those affected by behavioral health issues, psychiatric disorders or substance abuse. Highly integrated services through a multi- disciplinary team approach facilitate the stabilization of acute symptoms and enduring recovery for patients and their families. The CMHC is licensed by the New York State Office of Mental Health and accredited by the Joint Commission for Accreditation of health Organizations (JCAIIO). The CMHC will continue to offer a variety of outpatient services including: • Walk-lit Clinic: Provides a comprehensive psychiatric assessment, referral and linkage for follow -up care based upon the needs of the individual. This service is available without an appointment, Monday through Friday. • Scheduled Assessments: Available for those who do not wish to use the walk -in clinic. The first part of the assessment is completed by a skilled therapist, followed by a psychiatric evaluation on the next visit. MedCare Clinic: Provides a medication evaluation for individuals with a current behavioral health linkage in the community but who are unable to meet with their own physician on a timely basis. Counseling Services: Intensive, brief treatment is provided in both individual and group settings with specialized therapies for obsessive compulsive disorders, anxiety, depression and post traumatic stress disorder. A treatment track for individuals diagnosed with Huntington's Chorea is currently under development. The patients served by these facilities include the mentally ill, those suffering from substance abuse and dependency, those with behavioral difficulties and those trying to cope with significant emotional struggles. All these services are offered at the existing location and will continue to operate at the new location on Main Street. Harter Secrest & Emery LL P AT7UfiNEYS AND COUN5ELOF5 December 2, 2008 Page 4 USE PERMIT RE UIREMENTS The City of Buffalo has developed specific provisions governing the siting of Human Service Facilities within the City of Buffalo. Section 511 -136 of the Code of the City of Buffalo ( "Code ") requires a Use Permit from the City of Buffalo Zoning Board of Appeals ( "ZBA ") to establish a facility such as the CMI -1C. The relevant requirements of §511 -136 are set forth below with our responses thereto, §511.130. Use pertnit required fr)r human service C. Application to Zoning Board, Applicants seek'ing to establish uses regulated under this section shall submit to the Zoning Board a detailed description o f the proposed use including but not limited to an estimation of the number of individuals to be served (it the f iedity over a stated time period, the nunlbcr Of residents to be housed, the activities and programs anticipated at the the hours of operation and the degree ref supervision at the_fr cility. The applicant shall also submit a demonstration of the need for such use at the proposed location and a detailed explanation of how this use will not adversely impact the nature and character of the area in which the facility is to be haled. Response: The following is a brief outline of the various services, hours of operations and member of clients for each of the programs offered at the CMHC: a. Adult Mental Health Outpatient Clinic- J" Floor- East Comprehensive outpatient treatment services provided by skilled counselors, psychiatric nurse practitioners and psychiatrists, including: • Daily mental health intake assessments (no appointment necessary) • Individual and group counseling; • Medication evaluation. and monitoring Treatment for a wide array of psychiatric disorders, including, but not limited to: depression, anxiety, obsessive - compulsive disorder and schizophrenia, utilizing evidence -based therapy modalities 40 -50 clients per day Hours: 8 a.m. -- 4:30 p.m. (Mon., Weds., `I'hurs. and Fri.) 8 a.m. 7 p.m. Tues. Harter Secrest & F"Inery L1..P ATTORNLYS AND COUW3ELOR5 December 2, 2008 Page 5 h. Case Mana «ement 2 "" and 3 rd Floor- Ia;ast and West • Case Management Case managers provide ongoing services to individuals or groups with chronic behavioral health issues. Services include monitoring, advocacy, linkage and referral. • Dually diagnosed treatment Counselors provide treatment to individuals who are diagnosed with a mental illness and chennical dependency. Treatment includes one -to -ore sessions and therapies: cognitive behavioral in dialectical behavior therapy • Post 'Traumatic Syndrotne Disorder treatment `Phis specialized treatment has been developed to address the unique needs of men and women who struggle with symptoms due to having the dual diagnoses of P`l'SD and. addiction. "Thcrapists are trained in specific protocols to deal with PTSD in both one -to- one sessions and group therapy. • Clozaril clinic The predication `Clozaril' has been successful in the treatment of schizophrenia. Norse counselors manage the care of these individuals in one-to-one sessions, group treatment and monitoring of roLrtine blood work. • MICAID program The MICAID Program seeks to help patients avoid the need for hospitalization through intensive services to individuals who are diagnosed with a mental illness and chemically dependency. The goal is to assist with compliance, stabilization and linkage for appropriate ongoing treatment. Assistance with entitlements and community needs are also provided. • 125 clients per day Hours: S ami. -- 4 p.m. (Mon. - Fri.) C. C;°ontiuuin ► Day Treatment Pro rani- 3"' Floor- East Provides a comprehensive array of services for rehabilitation and recovery from mental illness. • COnSLlmers attend the program two -three times per week with the goal of returning to work, school or volunteer placement, and treatment is provided by a multi- disciplinary team through individual and group treatment modalities. • 40 -50 clients per day at] day 1 tarter Secrest ATTORNEYS ANO COUN$E�-ORS C l � o December 2, 2008 Page fi hours 8:30 a.im 4:30 p.m. (Mon. Fri.) d. Partial Hospital Pro _ram- 3 "' Floor East Provides stabilization of acute psychiatric symptoms as an outpatient alternative to hospitalization. • Consumers attend the program for up to six hours a day, five days per week for up to three weeks. • 18 -25 clients per clay hours: 8:30 a.m. 4:30 p.m. (Mon. — Fri.) e. Addiction Clinic- 2"'` Floor- West Offers outpatient assessment and treatment to individuals and families suffering from alcohol or drug; addictions. All clinics are certified by the New York State Office of Atcoholism and Substance Abuse Services. The clinics work closely with physicians, community agencies and the criminal justice system. • Addiction education • Assess n • Dual diagnosis groups • HIV education, linkage for hI1V testing • Individual, group and aftercare counseling • Linkage to detoxification, inpatient rehabilitation and mental health treatment • Referral for medical services • Relapse prevention Vocational assessment, linkage and referral • Women's track of treatment 60 clients per clay Harter Secrest & l rnery t..LP ATTORNEYS AND COUNSELORS December 2, 2008 Page 7 Referrals are accepted from private physicians, hospital clinics, Trie County Department of Social Services, employers and the Criminal Justice System. Hours: 9 a.m. — 7 p.ni. (Mon. -- Thurs.) 9 a.m. -- 5 p.m. (Fri.) The proposed facility at 1010 -1028 Main Street is a relocation of the existing CMHC located at 80 Goodrich Street. The move is necessitated by the need to construct Kaleida's proposed Global Vascular Institute adjacent to Buffalo General hospital. The existing CMHC is only 750 linear feet from the Project Site, as such, the relocation will not bring new services to the neighborhood. More importantly, the New York State Department of health specifically ac�uired that the CMHC be kept in this neighborhood. The Project Site keeps the CMHC in the neighborhood and establishes a new state -of- the -art facility in close proximity to Kaleida's facilities on the Buffalo Niagara Medical Campus. D. Standards. In addition to a consideration of the effect of the proposed use on the public health, safety, and aesthetics, the Zoning Board shall consider the impact of tine proposed use on the area in which the facility is to be based, including the concentration of existing regulated uses. Response: As noted above, the CMHC is being relocated within the same neighborhood, so the new site does not impact the existing concentration of regulated uses in the neighborhood. In addition to the CMIIC, the following additional health care facilities are nearby: Research Institute on Addictions, 1.421 Main Street: RIA is a research center of the University at Buffalo, The State University of New York, and a national leader in the study of alcohol and substance abuse issues. Research includes topics related to a variety of issues, including the following: the etiology, prevention, and treatment of addictions; the role of alcohol and other drugs in violence; needs of special populations, including minorities, women, and youth; family functioning and. its relationship to alcohol and substance use; the assessment and treatment of persons arrested for driving while intoxicated; the social, medical, psychological, and neurophysical aspects of addictions; gambling. Salvation Army, 964 Main Street: The Salvation Army's Emergency Family Shelter provides temporary living accommodations and programs that help enhance the duality of fife of approximately 700 women, men and children. The facility is staffed 24 hours a day, seven clays a week, with trained counselors who work diligently to meet the basic needs of the homeless population in Western New York. Additional services at the location include parenting education/supervised visitation, emergency family assistance, and employment services. d f Jart.er Seerest & Ernery I.1 _T ATTORNEYS ANo COUNSELORS December 2, 2008 Page 8 EPIC, Main: I 00O Main Street: I.aP�IC - Lvery.Person Influences Children, Inc. is a national not-for-profit organization that provides effective programs and resources for parents, teachers and school administrators that help adults raise responsible and academically successful children. EPIC's mission is helping parents, teachers and community members raise children to become responsible adults. To achieve its mission, EPIC combines an award- winning parenting program with a school -based character education curriculum and otters leadership training; in several areas. The Center for Hospice & Palliative Care, 892 Maier Street: The Center for Hospice & Palliative Care is the parent organization of Hospice Buffalo, Home Care Buffato, Fife Transitions Center, Caring Hearts Ilornc Care, the Ilospice Foundation of WNY and CMI Education Institute. The Center for Hospice & Palliative Care serves individuals with serious illness and their families and caregivers through a continuum of care spanning the course of illness and bereavement. The Center's specially- trained professionals, support staff, and volunteers assist individuals to make choices about their care, support those who are grieving;, and educate the professional and lay communities about end -of -life care. Clearly, the relocation of the CMHC to Main Street will be consistent with existing uses in this block of Main Street. Since the CMIIC is already operating in this neighborhood and is consistent with surrounding uses, relocating the CMHC to Main Street will not affect the character of the neighborhood and therefore the requested Use Permit is appropriate. S'T'ATE ENVIRONMENTAI.1 QU ALITY REVIEW ACT Pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCKR fart 617 ( "SEQ.RA "), a governmental agency is required, prior to taking action on an application, to undertake an environrn.ental review of a project to assess whether the action has the potential to have significant adverse environmental impacts. Ilere, the Project Sponsors have prepared a Draft Generic Environmental Impact Statement for the entire North I:nd Development on the Buffalo Niagara Medical Campus. The City of Buffalo Planning Board is acting as Lead .Agency and has reviewed the DGEIS and deemed it complete. Pursuant to the process set forth in the DGEIS, Kalcida Health has prepare and attached hereto as Exhibit "D" a Full Environmental Assessment Form, specifically for the relocation of the CMIIC to 1010 -1028 Main Street to assist the City of Buffalo in reviewing the potential impacts of this request. The DGEIS specifically analyzed the potential impact of' relocating the CM.HC to the P.roject. Site and found that the impacts were minimal. CONCLUSION ({;.. The proposed relocation of the CMI-IC. is part of the exciting development of a world -class gathering of medical facilities on the Buffalo Niagara Medical Campus. By relocating the CMHC to Main Street, Kaleida health paves the way for the development of the Global Vascular Institute as well as unproved facilities for its existing CMHC patients. The proposed location on Main Street also is better Harter Secrest & Finery I.LT ATTORNEYS ANh COUNSELORS /f December 2, 2008 Page 9 suited to the outpatient services provided by the CMIIC and is consistent with neighboring uses. In light of the foregoing, the relocation of the CM HC will clearly have a positive impact upon the public health, safety and safety of the neighborhood as the re -use of 1010-1028 Main Street helps revitalize a once vacant stretch of buildings. Therefore, we believe that the requested Use Permit for the CMI-lC should be granted. Very truly yours, Ilartcr Sec ' .. Erg y LIT Affootw Marc A. Romanowski C)IKI -C'I DI AL: (71(,) M 37n9 13- MAIL.: MROMMOWSK10JISL'I. AW,COM MARIlks I3mclosures cc: Joseph Kessler, Kalcida health 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF 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 atso 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: Part 1 D Part 2 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: 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. 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. * O 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 Restricted Use Permit for the Community Mental Health Center Name of Action City of Buffalo Planning Board Name of Lead Agency William Grillo Principal Planner Print. or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (it different from responsible officer) 12/1/2008 vvebsite Date Page 1 of 21 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 Restricted Use Permit for the Community Mental health CCntC]' Location of Action (include Street Address, Municipality and County) 1028 Main Street, City of Buffalo, County of Erie Name of Applicant /Sponsor Kaicida Health Address Larkin Building Suite 200, 726 Exchange Street City/PO Buffalo Business Telephone Name of Owner (if different) 1010 Group, LLC Address 295 Mein Street Cit PO Buffalo Business Telephone Description of Action: State NY Zip Code 11210 State NY Zip Code 14203 Kaleida Health is requesting a Restricted Use Permit to relocate the Community Mental Health Center (CMI IC) to 1010 - 1028 Mein Street. The CMHC is currently located at 80 Goodrich Street at the intersection of h.11icott Street and Goodrich Street. The building that currently houses the CMHC is undergoing review for demolition to make way for the. new Global Vascular Institute (GVl). Both the demolition of the CM1-IC and the construction of the GVl were evaluated as part of the Draft Generic Environmental Impact Statement (13OMS) (dated October 1, 2009) that was prepared for the group of actions known as the Buffalo Niagara Medical Campus - North I.. nd Projects. To best serve the patients of this clinic, the facility needs to be relocated in proximity to the current location. The proposal to relocate the CHNIC: to 1010 - 1028 Main Street near die intersection of East North Street, approximately 750 feet to the west, wilt allow tale CMI 1C to continue to serve clients in proximity to the existing location. Relocating to 1010 - 1028 Main Street will also comply with the mitigation detailed in the DGF1'lS regarding the demolition of 80 Goodrich Street. Pane 2 of 21 3. What is predominant soil type(s) on project site? Pavcd a. Soil drainage: E] Well drained % of site Moderately well drained % of site. m Poorly drained 100 % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑ Yes F—PI No a. What is depth to bedrock 100 (in feet) 5. Approximate percentage of proposed project site with slopes: 0.10% % 010- 15% % F11 5 or greater % 0. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? Yes F-1 No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑ Yes F i DNo g, What is the depth of the water table? 20 to 30 (in feet) g. Is site located over a primary, principal, or sole source aquifer? El Yes ❑r No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 0 Yes No Page 3 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: Urban ❑ Industrial Commercial Residential (suburban) ❑ Rural (non-farm) Forest Agriculture Other 2. Total acreage of project area: •356 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non - agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces .356 acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? Pavcd a. Soil drainage: E] Well drained % of site Moderately well drained % of site. m Poorly drained 100 % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑ Yes F—PI No a. What is depth to bedrock 100 (in feet) 5. Approximate percentage of proposed project site with slopes: 0.10% % 010- 15% % F11 5 or greater % 0. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? Yes F-1 No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑ Yes F i DNo g, What is the depth of the water table? 20 to 30 (in feet) g. Is site located over a primary, principal, or sole source aquifer? El Yes ❑r No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 0 Yes No Page 3 of 21 I 1. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes F Accordin to: Site Inspection Identify each species; 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? 1:1 Yes r No Descfibe: 13. is the project site presently used by the community or neighborhood as an open space or recreation area? ❑ Yes F No yes, explain: 14 . Does the present site include scenic views known to be important to the community? ❑Yes FM]No 15. Streams within or contiquous to project area: Nome 16. a. Name of Stream and naive of River to which it is tributary b, Size (in acres): Lakes, ponds, wetland areas witrim or contiguous to project area: None Page 4 of 21 17, Is the site served by existing public utilities? F w_ D Yes ❑ No I a. If YES, does sufficient capacity exist to allow connection? Yes ❑ No b. If YES, will improvements be necessary to allow connection? El Yes no 18. Is the site located in Nylellsc ultural district certified pursuant to Agriculture and Markets Law, Article 25 -AA, Section 303 and 304? .❑ No 19. Is the site located in or substantial) contiguous to a Critical Environmental Area designated pursuant to Article 8 of the FCL. and 6 NYCRR 617? ❑Yes substantially 20 Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes F1 No B. Project Description 1 . Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor; .35 acres. b. Project acreage to be developed: 0 acres initially; 0 acres ultimately, c, Project acreage to remain undeveloped: 0 acres. d. Length of project, in miles: 0.03 (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. 0 % f. Number of off - street parking spaces existing 30 : proposed 36 g. Maximum vehicular trips generated per hour: 50 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure: N/A height; NIA width; NIA length. j, Linear feet of frontage along a public thoroughfare project will occupy is? 151 ft. 2. How much natural material (i.e. rock, earth, etc.) wiIJ be removed from the site? 0 tons/cubic yards. 3. Will disturbed areas be reclaimed ❑ Yes ❑ No F NIA a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? 1:1 Yes ❑ No c. Will upper subsoil be stockpiled for reclamation? ❑ Yes ❑ No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. Page 5 of 21 S. Will any mature forest (over 100 years old) or other locally- important vegetation be removed by this project? E] Yes 7 No 6. If single phase project: Anticipated period of construction: 3 months, (including demolition) 7. If multi - phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? ❑ Yes 0 No B. MI blasting occur during construction? ❑ Yes F—m] No 9. Number of jobs generated: during construction 0 ; after project is complete 0 1 G. Number of jobs eliminated by this project 0 11, Will project require relocation of any projects or facilities? D Yes F!] No If yes, explain: Building is currently vacant 12, is surface liquid waste disposal involved? ❑ Yes ❑� No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13 . Is subsurface liquid waste disposal involved? F Yes a] No Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑ Yes F No If yes, explain: 15. Is project or any portion of project focated in a 100 year flood plain? ❑ Yes El No 16. Will the project generate solid waste? Eil Yes Q No a. If yes, what is the amount per month? -� I tons b, If yes, will an existing solid waste facility be used? a] Yes ❑ No c. If yes, give name Re gulated landfill ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Oyes E No Page 6 of 21 i= i3 e. If yes, explain: 17. Will the project involve the disposal of solid waste? ❑Yes F a. If yes, what is the anticipated rate of disposal? tons /month. b. If yes, what is the anticipated site life? years. 18. Wilt project use herbicides or pesticides? ❑Yes Fm—] No 19. Will project routinely produce odors (more than one hour per day)? ❑ Yes 1�1 No 20. Will project produce operating noise exceeding the focal ambient noise levels? ❑ Yes 7 No 21. Will project result in an increase in energy use? E Yes ❑ No If yes, indicate type(s) Natural Cias and Electric 22. If water supply is from wells, indicate pumping capacity gallons /minute. 23. Total anticipated water usage per day 1500 gallons /day. 24_ Does project involve Local, State or Federal funding? ❑ Yes F No If yes, explain: Page 7 of 21 C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? F--]Yes ❑ Na If Yes, indicate decision required: ❑ Zoning amendment ❑ Zoning variance ❑ New /revision of master plan ❑ Subdivision ❑ Site plan!' Special use permit ❑ Resource management plan ❑ Other Page 8 of 21 1 25• Approvals Required: Type Submittal Date Town, Village Board ❑ Yes ❑ No Advisory Review City, Town, Village Planning Board a] Yes ❑ No Advisory Review City, Town Zoning Board � Yes ❑ No Restricted Use Permit City, Department 0 Yes 1:1 No Erie C:or.mty Department City, County Health of Mental Health Other Local Agencies 0 Yes E No Other Regional Agencies ❑ Yes ❑ No � Ye:s ❑ No Of of Mental Health State Agencies Office of Alcohol and Substance Abuse Federal Agencies ❑ Yes ❑ No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? F--]Yes ❑ Na If Yes, indicate decision required: ❑ Zoning amendment ❑ Zoning variance ❑ New /revision of master plan ❑ Subdivision ❑ Site plan!' Special use permit ❑ Resource management plan ❑ Other Page 8 of 21 2. What is the zoning classification(s) of the site? "'M- Commercial tS - Residential 3 /hat is the maximum potential development of the site if developed as permitted by the pr esent zoning? No ( "M11C is proposed for a existing; structUM of 33,149 sq ft. This is therefore the maximum development allowed on the site 4. What is the proposed zoning of the siteY Jnchanged 5. ' hat is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? U Yes U No 7. Whist are the predominant iand useLs) ana zoning ClasSillULMOW, Wllllln [l %4 Illtll= IQUJU - J UI NJUJJU-� ai.lids: Land use is predominately medical, research and residential within a quarter mile. Zoning Class i Fications CM- Commercial C2 - Commercial R3 - Residential Its - Residential fhc CMfK' is pinposed fora existing structure of 33,149 sq ft. This is therefore the maximuni development allowed on the site g. Is the proposed action compatible with adjoining /surrounding land uses with a 1 /4 mile? g. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? F —m l yes 1:1 No Page 9 of 21 10. Will DrODOSCd action require anV authorization(s) for the formation of sewer of water districts? F� Yes I' I No 1 1. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? F Yes F No a. If yes, is existing capacity sufficient to handle projected demand? M Yes 0 No 12. Will the proposed action result in the 9e11eration of traffic significantly above present levels? 0 Yes r No a. If yes, is the existing road network adequate to handle the additional trancc. FYes EI No C1, Informational Details Attach any additional information as may he needed to clarify your project. If ibere are or may he any adverse imparts associated with your proposal, (*lease discuss suclr impacts and t1w measures which you propose to rrritigate or avoid Chem. E, Verification I certify that the information provided above is true to the bo( t of my knowledge. Applicant/Sponsor Name Kaleida Health ill p Signature i�``tk Date 1211/208 Title Agent for Applicarrt 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 iocality, 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. • The number of examples per question does not indicate the importance of each question. • 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(coiumn 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. Page 11 of 21 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? NO ❑ YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 fool El 1:1 0 Yes 11 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 Yes F-1 No is less than 3 feet. • Construction of paved parking area for 1,000 or more ❑ Yes ❑ No vehicles. • Construction on land where bedrock is exposed or ❑ Yes E] No generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or ❑ D Yes ❑ No involve more than one phase or stage. • Excavation for mining purposes that would remove El 0 Yes E] No more than 1,000 tons of natural material (i.e., rock or soil) per year. Page 11 of 21 f: F� 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Construction or expansion of a santary landfill. ❑ ❑ ❑Yes []No • Construction in a designated floodway. ❑ ❑ ❑Yes ❑ No • Other impacts: ❑ C❑ ❑Yes ❑No 2. Will there be an effect to any unsque or unusual Jana Terms rouria on the site? (i.e., cliffs, dunes, geological formations, etc.) ❑NO ❑YES Sn�rifir, land forms: ❑ ❑ :]Yes ❑Nc Impact on Water 3, Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Envsronmental Conservation Law, ECL) ❑ NO ❑ YES 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: ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No ❑ ❑ Yes ❑ No El ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No 4. Will Proposed Action affect any non - protected existing or new ooay w water? ONO F1 YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of ❑ ❑ ❑ Yes ❑ No water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface ❑ ❑ ❑ Yes ❑ No area. • Other impacts: ❑ ❑ ❑ Yes F_] No Page 12 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? r — ] NO El YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ❑ Yes ❑ No • Proposed Action requires use of a source of water that does not ❑ ❑ ❑ Yes ❑ No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater ❑ ❑ ❑ Yes ❑ No than 45 gallons per minute pumping capacity. + Construction or operation causing any contamination of a water ❑ ❑ ❑ Yes ❑ No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ ❑ Yes ❑ No • Liquid effluent will be conveyed off the site to facilities which ❑ ❑ ❑ Yes ❑ No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons ❑ ❑ ❑ Yes ❑ No per day. • Proposed Action will likely cause siltation or other discharge into ❑ ❑ ❑ Yes ❑ No 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 ❑ ❑ ❑ Yes F1 No chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without ❑ ❑ ❑ Yes ❑ No water and/or sewer services. • Proposed Action locates commercial and /or industrial uses ❑❑ ❑ Yes ❑ No which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ ❑Yes ❑ No Page 13 of 21 6. Wil! Proposed Action alter drainage flow or patterns, or surface water runoff? ❑ NO ❑ YES 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 deveiopment in a designated floodway. rlthar imnartc ❑ ❑ Dyes [ IMPACT ON AIR 7. Will Proposed Action affect air quality? ❑ NO ❑ YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given hour. • Proposed Action will result in the incineration of more than 1 ton of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land committed to industrial use. • Proposed Action will allow an increase in the density of industrial development within existing industrial areas. nthor imoacts: ❑ ❑ ❑Yes 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change ❑ ❑ ❑ Yes ❑ No ❑ ❑ Dyes ❑No ❑ ❑ Dyes ❑No ❑ ❑ ❑ Yes ❑ No ❑ ❑ Dyes [ IMPACT ON AIR 7. Will Proposed Action affect air quality? ❑ NO ❑ YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given hour. • Proposed Action will result in the incineration of more than 1 ton of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land committed to industrial use. • Proposed Action will allow an increase in the density of industrial development within existing industrial areas. nthor imoacts: ❑ ❑ ❑Yes ❑No ❑ ❑ Dyes ❑No ❑ ❑ Dyes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes 0NO IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? R NO ❑ YES 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 sfte. ❑ ❑ Dyes ❑No Page 14 of 21 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated by Project Change • Removaf of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑ Yes ❑No • Application of pesticide or herbicide more than twice a year, ❑ ❑ ❑ Yes ❑ No other than for agricultural purposes. nthar imnac is ❑ ❑ ❑ Yes ❑ No g. Will Proposed Action substantially attect non- tnreateneri or non - endangered species? ❑ NO ❑ YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident ❑ ❑ ❑ Yes ❑ No or migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres of ❑ ❑ ❑ Yes ❑ No mature forest (over 100 years of age) or other locally important vegetation. • OtherimDacts: ❑ ❑ ❑Yes ❑No IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? ❑ NO ❑ YES Examples that would apply to column 2 limit to ❑ ❑ ❑ Yes ❑ No • The Proposed Action would sever, cross or access agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑ Yes ❑ No agricultural land. • The Proposed Action would irreversibly convert more than 10 ❑ ❑ ❑ Yes ❑ No acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 IMPACT OIL AESTHETIC RESOURCES 1 2 s Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of ❑ ❑ ❑ Yes ❑ No agricultural land management systems (e.g., subsurface drain ❑ ❑ ❑ Yes lines, outlet ditches, strip cropping); or create a need for such from or in sharp contrast to current surrounding land use measures (e.g. cause a farm field to drain poorly due to patterns, whether man -made or natural. increased runoff). • Proposed land uses, or project components visible to users of • Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT OIL AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617,20, Appendix B.) ❑ NO ❑ YES Examples that would apply to column 2 • Proposed land uses, or project components obviously different ❑ ❑ ❑ Yes ❑ No 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 ❑ ❑ ❑ Yes ❑ No aesthetic resources which will eliminate or significantly reduce ❑ ❑ ❑ Yes ❑ No their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or ❑ ❑ ❑ Yes ❑ No significant screening of scenic views known to be important to the area. ❑ ❑ ❑Yes ❑ No • Other impacts: IMPACT ON H15 tOKtU ANIJ AKL r1At QLVU1k,AL rccauurt� ca 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? ❑ NO ❑ YES Examples that would apply to column 2 ❑ ❑ ❑ Yes ❑ No • 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 ❑ ❑ ❑ Yes ❑ No the project site. • Proposed Action will occur in an area designated as sensitive ❑ ❑ ❑ Yes ❑ No for archaeological sites on the NYS Site Inventory. Page 16 of 21 .J nthWr imm;rtq- 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change ❑ ❑ ❑ Yes ❑ No IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? ❑ NO ❑YES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. • A major reduction of an open space important to the community • Other impacts: ❑ 0 ❑ Yes ❑ No ❑ ❑ ❑ Yes No ❑ ❑ ❑]Yes ❑No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(8)? 1-1 NO F] YES List the environmental characteristics that caused the designation of ih. C'r-A Examples that would apply to column 2 • Proposed Action to locate within the CEA? ❑ ❑ []Yes No F-1 • Proposed Action will result in a reduction in the quantity of the ❑ ❑ ❑ Yes ❑ No resource? • Proposed Action will result in a reduction in the quality of the ❑ ❑ ❑ Yes ❑No resource? • Proposed Action will impact the use, function or enjoyment of the ❑ ❑ ❑ Yes ❑ No resource? • Other impacts: ❑ ❑ Dyes ❑No Page 17 of 21 IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ❑ NO ❑ YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or ❑ ❑ ❑ Yes ❑ No goods. • Proposed Action will result in major traffic problems. ❑ ❑ ❑ Yes ❑ No • Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON ENERGY 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ❑ NO ❑ YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or ❑ ❑ ❑ Yes ❑ No goods. • Proposed Action will result in major traffic problems. ❑ ❑ ❑ Yes ❑ No • Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON ENERGY 16, Will Proposed Action affect the community's sources of fuel or energy supply? ❑ NO ❑ YES Examples that would apply to column 2 ❑ ❑ ❑ Yes ❑ No • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an ❑ ❑ ❑Yes ❑ No energy transmission or supply system to serve more than 50 ❑ ❑ ❑Yes ❑ No single or two family residences or to serve a major commercial or industrial use. ❑ ❑ ❑ Yes ❑ No noise screen. ❑ ❑ ❑ Yes ❑ No ether impacts: NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ❑ NO ❑ YES Examples that would apply to column 2 ❑ ❑ ❑Yes ❑ No • Blasting within 1,500 feet of a hospital, school or other sensitive facility. • Odors will occur routinely (more than one hour per day). ❑ ❑ ❑Yes ❑ No • Proposed Action will produce operating noise exceeding the ❑ ❑ ❑Yes ❑ No local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ ❑ Yes ❑ No noise screen. Other impacts: Page 18 of 21 r 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH ❑ ❑Yes ❑No ❑ 18. Will Proposed Action affect public health and safety? ❑Yes ❑No ❑ ❑ ❑ NO ❑YES 1:1 No ❑ ❑ ❑Yes • Proposed Action may cause a risk of explosion or release of ❑ ❑ ❑Yes [ hazardous substances (i.e. oil, pesticides, chemicals, radiation, ❑ ❑Yes 1:1 No 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" ❑ ❑ ❑Yes ❑ No in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied ❑ ❑ ❑Yes ❑No natural gas or other flammabie liquids. • Proposed Action may result in the excavation or other ❑ ❑ ❑Yes ❑ No disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ ❑Yes [ IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? ❑ NO 1:1 YES 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.) ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes 1:1 No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes 1:1 No Page 19 of 21 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mifgated by Project Change • Proposed Action will set an important precedent for future ❑ ❑ ❑ Yes ❑ No projects. • Proposed Action will create or eliminate employment. ❑ ❑ ❑ Yes ❑ No • Other impacts: ❑ ❑ ❑ Yes ❑ No 20. Is there, or is there likely to be, public controversy reiatea to potenuai adverse environment impacts? ❑NO ❑YES 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 Page 20 of 21 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. Page 21 of 21 OO r. APPLIC.DOC APPLICATION x�'O HUMAN SERVICES RESTRICTED USE PERMIT Business Name Kaleida Health Date December 2 2008 Business Phone # ( 716) 859-5600 Business Address 100 High Street Buffalo NY 14203 (No., Street) (City, Town or Village) (State) (Zip) Human Service Facility Address 1010 -1028 Main Street Buffalo, New York 14202 (No., Street) Business Standing: Private Entity X Public Entity Applicant Name M nro A Rom ow- ' , -E, -_� - -- Applicant Phone Harter Secrest & Emery LLP Applicant Address (1�Io., Street) (city, Town or Village) (State) (LtP) Applicant's Business Position: Owner Partner Corporate Officer Other Agent for owner Business Operational Information Type of Facility: Food Pantry Soup Kitchen 'Walk -In Center Drop -In Center Counseling Center X Detention Center Temporary or Short -'Term Shelter Transient Housing Substance Abuse Community or Residential Treatment Facility X I cwi. e:t €iai '�re:t tt:c .ft l+acill y (Car sectional purposes) othez• - -_ Detailed description of the Proposed Use See the Letter of Intent Page 1 of 2 APPLICATION MUST BE COMPLETED IN FULL Business Operation Information Facility Days/Hrs of Operation See the Letter of Intent Number of Individuals Serviced (weekly) Number of Residents to be Housed (if applicable) Activities/Programs at Facility (description) See the Letter of Intent Degree of Supervision at Facility Demonstration Of Need (why services are needed /Why this Location and etc.) See the Vetter of Intent Other Pertinent Information Subscribed and sworn to before me this day of ,av Commissioner of Deeds in and for the City of Buffalo, New York Pau 2 of 2 CLAIMS i s (David A. Rivera, Chairman) City Clerk's Department BUFFALO December 26, 2008 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 55 PASSED December 23, 2008 Claims Personal Injury A-I A -7 Gerald A Chwalinski City Clerk ... 10 rn, 111 I 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 compromised and settled A. 1. John 'Butler 3 500 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 napes and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed Recommended by the Committee on Claims . _ ............... Chairman 1111v A. 2. Ulysses Foster $25,000.00 A. 3. Patricia Pabon $75,000.00 A. 4. Kelly Wegryzn $ 3,000.00 A. 5. Deborah Allen $35,000.00 A. 6. Ida DiPalnla $ 4,200.00 A. 7. Dennis D'Aurla $30,000.00 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 napes and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed Recommended by the Committee on Claims . _ ............... Chairman 1111v �p DAVIS * * FRA * * --- - - -------' * - * * GOLOMBEK * * * _ * * * KEARNS * * * * _ * * LOCURTO * * _ RWERA w * * * * * RUSSELL * * * * * SMITH ---'-- ---------- * * * - - * * * �__-_-_-� ^ �� |&0)1J- 5 l * �� � 0 * Y City Clerk's Department BUFFALO December 26, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item_ No. 56 PASSED December 23, 2008 Claims Property Damage B -1 — B -15 Gerald A Chwalinski City Clerk (., .. a, }.111 'JI�FtIt� 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. Kelly Basile $ 449.70 B 2. Briget Brown $ 546.44 B 3. Richard F ininzio $ 37.00 B. 4. First Niagara Bank $5,700.00 B. 5. Melissa Gokey $ 171.43 B. 6. James Greenberg $2,0W00 B. 7. Concetta Grieco $I,275.64 B_ 8. Mary I larrison $2,985.50 B. 9. Gerald Komorows.k.i $ 138.00 B. 10. Pat Laity $ 175.00 B. 11. Deborah Lipinski $ 723.00 B. 12, Calvin Peyton $ 3,270.00 B. 1.3. David Sawicki $ 369.74 B. 14. Dashawn Stroud $ 457.30 B. 15. Suzanne Todaro $ 140.00 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 11 Recommended by the Committee on Claims 2 ' DAVIS * * ' * * * FRANCZYK * * * _ * * GOLOMBEK * * * _ * * * KEARNS * * * _ * * LOCURTO --- ' RIVERA * * * * * RUSSELL * * * * * * SMITH * * * * * �____�_ ` ' [MAJ- 57 |2/3 -67 [3/4 - 71 * yl * * * * � �* _ * * * City Clerk's Department BUFFALO .December 26, 2008 HON. BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 57 PASSED December 23, 2008 Claims Miscellaneous Invoices C -I C -I0 Gerald A Chwalinski City Clerk ttj ._,:J That cheeks 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 b the Committee n y o Claims Chairman I•mv 12- 19-08uhnconun.doc A'�} 3 Miscellaneous Invoices That upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: C. 1. Air Cleaning Systems $ 482.35 C. 2. Bluepay Inc. $ 317.14 C. 3. Buffalo Occ.Mcd LLC $95,359.39 C. 4. Buffalo Police Benevolent Assn. $ 6,922.50 C. 5. Coventry WC Services $69,066.06 C. 6. Drearnco Development Corp. $34,545.16 C. 7. Niagara Frontier Trans Authority $ 4,24998 C. 8. Xerographic Solutions $ 1,242.00 C. 9. Xerox Corporation $ 4,608.31 C. 10. Jimnnie Steward $ 439.00 That cheeks 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 b the Committee n y o Claims Chairman I•mv 12- 19-08uhnconun.doc A'�} 3 *AYE* NO * DAVIS FONTANA * * * FRANC.ZYK p „(Z ( I GOLOMBEK �Jf�� KEARNS LOCURTO RIVERA RUSSELL SMITH [------- - --- -- [ MAJ - 5 ] * * p [213 - 6] [314 - 7] p „(Z ( I �Jf�� f CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) City Clerk's Department BUFFALO December 26, 2408 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 58 PASSED December 23, 2008 Appt Dog Control Officer (Prov)(Max)(Loubert)(PW) Gerald A Chwalinski City Clerk i �, u fo ) �, 1 , ; 3 Appt Dog Control Officer (Prov)(Max)(Loubert)(PW) (ccpA 26, [2149) That Communication 26 of December 9, 2008 be received and Filed and that the Maximum appointment of Charles E. Loubert of 900 Prospect, Buffalo, NY 14213 at the Maximum Salary of $29,604.00 is hereby approved. PASSED AYES -8 NOES - 0 e _ � Recommended by the Committee on Civil Services - 4 � �_ *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [__- _---- - - - - - [MAJ- S] [2/3 6 [ 3/4 7 0 City Clerk's Department BUFFALO December 26, 2008 HON. BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 59 PASSED December 23, 2008 Appt Equipment Operator (Prov)(lnter)(Buchnowski)(M) Gerald A Chwalinski City Clerk r t Appt Equipment Operator (Prov)([nter)(Buchnowski)(M) (ccp# 27, 12109) That Communication 27 of December 9, 2008 be received and Filed and that the Provisional appointment of Garrett Buhnowski, 777 Amherst St, Buffalo, NY 142I6 at the Intermediate Salary of $29,095.00 is hereby approved. PASSED AYES -8 NOES - 0 Recommended by the Committee on Civil Service w l_ a_ *AYE* NO * DAVIS V, FONTANA 0 FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITIT f------------- I [MAJ- 5] [2/3 6 [3/4 7 V, 0 V, City Clerk's Department BUFFALO December 26, 2008 HON_ BYRON W, BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 60 PASSED December 23, 2008 Appt Equipment Operator (Temp)(Inter)(Salter)(PW) Gerald A Chwalinski City Clerk �I Appt Equipment Operator (Temp)(lnter)(Salter)(PW) (cap# 28, 12109) That Communication 28 of December 9, 2008 be received and piled and that the Temporary appointment of Roderick D. Satter of 321 Hastings Avenue, Buffalo, NY 14216 at the Intennediate Salary of $30,009.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH ------------- [MAJ - 51 0 2/3 6 3/4 7 j City Clerk's Department BUFFALO December 26, 2008 HON_ BYOON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 61 PASSED December 23, 2008 Appt Training Officer (Prov)(Max)(Ostroff)(PW) Gerald A Chwalinski City Clerk Appt Training Officer (Prov)(Max)(Ostroff)(PW) (ccp# 29, 12109) That Communication 29 of .December 9, 2008 be received and Filed and that the Maximum appointment of Mark L. Ostroff of 1034 Thomas Fox Drive East, N. Tonawanda, NY 14120 at the Maximum Salary of $35,381.00 is hereby approved. PASSED AYES -9 NOES - 0 Recommended by the Committee on Civil Service • - -t *AYE* NO * DAVIS FONTANA * '� * * * FRANCZYK GOLOMBEK �� K KEARNS * LOCURTO * RIVERA RUSSELL SMITH [---- ---- - - - - I [ MAJ - 5 [213 - b) [314 - 7] 0 * * �� K City Clerk's Department BUFFALO December 26, 2008 HON. BYOWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 62 PASSED December 23, 2008 Candidate Physical Ability Test -Admin Contract (CS Comm) Gerald A Chwalinski City Clerk E f3� Candidate Physical Ability -- Test Administrator Contract (Item No. 45, C.C.P., Dec. 9, 2008) That the Commissioner of Human Resources, be and she hereby is authorized to enter into contract for CPA:I' Test Administrator for the entry -level Firefighter selection process be and the same hereby is approved. Passed t r Recommended by the Committee on Civil Service Chairman TAI3:rmv l':h3 p601rtis i ordlrrt }v145c 12- 9c.doc 4 *AYE* NO * DAVIS FONTANA Ui VU * * FRANCZYK GOLOMBEK KEARNS LOCURTO * RIVERA RUSSELL SMITH -------- - - - - -� [MAJ- s] * o [ 2 / 3 - 6 ] [3/4 - 7] 10 Ui VU 10 City Clerk's Department BUFFALO December 26, 2008 HON. BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 63 PASSED December 23, 2008 Candidate Physical Ability - Proctor Test (CS Comm) Gerald A Chwalinski City Clerk t C, v _A, 3 -,;.. %-� Y ' 3 C ndiclate Physical Ability --- Proctor Test (Item No. 46, C.C.P., Dec. 9, 2008) ' That the Commissioner of Human Resources, be and she hereby is authorized to enter into contract for CPAT Proctors for the entry -level Firefighter selection Process be and the same hereby is approved. Passed 4 � C` Recommended by the Committee on Civil Service �N\ Chairman TAB:rmv T:1wp6U \msword \rniv \4GC 12 - doc Gr DAVIS FONTANA * * ' * * * FRANCZYK * * * _ * * GOLOMBEK * * * _ * * KEARNS * * LOCU * * _ RIVERA * * * * * * RUSSELL * * SMITH * * * * * -J ^ �^ [���J �l * * � * ^ - ' _ �� _ _ X City Clerk's Department BUFFALO December 26, 2008 HON_ BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item_ No. 64 PASSED December 23, 2008 Candidate Physical Ability - Proctor Test Contract (CS Comm) Gerald A Chwalinski City Clerk �f'Ju 1V Candidate Physical Ability Proctor Trainee Contract (Item No. 47, C.C.P., Dec. 9, 2008) :y That the Commissioner of Duman Resources, be and she hereby is authorized to enter into contract for CPAT Proctor 'Trainer administers the Proctor Training Course for the entry -level Firefighter selection process he and the same hereby is approved. Passed Recommended by the Committee on Civil Service Chairman TAB:rmv T:Vvp60\nswordVrnv\47cI2 9cAoc 'I *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK K .EARNS LOCURTO RIVERA RUSSELL SMITIT [_a------ - - -_- [MAJ- 5] [2/3 - 6 ] [314 - 7] * 0 4j S` i Notices of Appointments Temp /Prov /Perm (ccp# 52, 12/09) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRPERSON) City Clerk's Department BUFFALO December 26, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 66 PASSED December 23, 2008 Results Neg 129 Stockbridge (Univ)(Strat Plan) Gerald A Chwalinski City Clerk J 3 B 's ` q Results of Ne.aoti;ltirtnc — 1 2L] Ckn�.lrl 1,.� o S � ge (Item No. 11, C.C.P., Dec. 9, 2008) That the above item be, and the same hereby is returned to the Cominozl Council without recommendation. Mr. I.,oCurto moved: That the offer from Mrs. Elsa Reid of Isimpi Star Properties Inc., 415 East Fifth Street, Mount Vernon, NY, in the sum of twelve thousand and one hundred dollars ($12,100.00) for the purchase of 129 Stockbridge, 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 Executive Director, Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Passed. Recommended by the Committee on Community Development _ VhEi TAB:rmv T:hvp60'u nsworAirtvl1 1 c 12 -9c CA *AYE* NO DAVIS FONTANA * FRANCZYK * '� GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH * ' [-------- - - - - -] [ MAJ - 5 1 U (213 - 6) [3l4 - 7] q $ J J c M. Kearns -P. Chadwick- Ledwon- Concerns Property at 821 Ells St (ecp# 44,11/12) That the Above item be the same and is hereby Referred to the Special Committee on Waterfront Development ADOPTED Recommended by the Committee on Community Development 4. �O K. Lynch - Foreclosure Study (ccp# 37, 10/28) That the Above item be the same and is hereby Received and Filed ADOPTED Recommended b the Committee on Community Development Y tY P City Clerk's Department BUFFALO December 26, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 69 PASSED December 23, 2008 Results Neg 441 East Ferry (Mas)(Strat Plan)( 0, 4115)( #81, 4129) Gerald A Chwalinski City Clerk 'Results of ivi:gotlatlon's — 441 J' Telly (Item No. 7, C.C.P., Apr, 15, 2008), (Item No. 87, C.C.P., June 24, 2005) � Ile �. X(, Cj2 fati fl ��, �<;�) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mr. Geoffrey Gerow, residing; at 449 East t=erry Street, ill the sum of three thousand and six hundred dollars ($3,600.00) for the purchase of 441 East Ferry, 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 Executive Director, Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Passed. Recommended by the Committee on Community Development r� airman 7A13:nnv T:1wp601tns wordlrinv187c6.2Ae *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH I------------- I [MAJ - 5] [2/3 6 [3/4 7 o 0 1 1 LEGISLATION (JOSEPH GOLOMBLK JR., CHAIRPERSON) SEQR - -- Alaf Heat Transfer Expansion i (Item No. 6, C.C.P., Dec. 9, 2008) That the above item be, and the same; hereby is returned to the Common Council � without recommendation. Mr. LoCurto moved: That the Common Council hereby adopts the Negative Declaratioli appended to the Environmental Assessment Form attached hereto. Recommended by the Committee on Legislation Chairri an TA.B:rniv t:lwj)O(N tswordVilivAG] 2- 4c.doe S.UQR River Wright Energy Ethanol Plant Oten1 No. 7, C.C.P., Dec. 9, 2008) That the above item be, and the salve hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Common Council hereby adopts the Negative Declaration appended to the Environmental Assessment Dorm attached hereto. Recommended by the Committee on Legislation. Chaln �n TAB:rmv €:hv60lmsword\nnv17c 12- 4c.doc *AYE* NO * DAVIS FONTANA * * * FRANCZYK * * * GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL EMI "1'Il [MAJ- 51 * * 0 [213 e 61 [314 - 7� Report of Auction - 2347 Bailey (Item No. 8, C. C.1 Dec. 9, 2008) , �9, ,. That the above iten be, and the same hereby is returned to the Common Council without recommendation. Mr. Golornbek moved: That the offer from Ms. Brenda J. Lewis, 188 Roslyn Street in the suns of three thousand dollars- $3,000.00} to purchasp-th property described as 2347 Bailey, he and hereby is ac pte -, and That the purchase has also %agreed top y for aII clas, casts associat' d with the transfer bf title; an That the O lice of St /I�tegic 1'lannit1g bt authorlZed to prepare the necessary documents for the ransfer cif tide and that the May& be authorized to execute the same, in accordance with h �Wn of sale upon which the bids were submitted. �v._ (j l Recommended by the Comm' ttee on Legislation � y - Chairman TAB;r nv TAwp \msword\nnvN8c 12- 9C.d0C 0 e 1 � Mr. Goiombek moved that the above item be recommitted to the Committee on Legislation. ei �[ Report of Auction - 1290 East Ferry (Item No. 9, C.C.P., Dec. 9, 2000 { That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. GoIombek moved: That the offer from Ms. Brenda J. Lewis, 188 Roslyn Street in the sum of six hundred dollars ($60 0) purchase the property oesrribed as 1290 East Ferry, be and hcrebyjis accepted, d l hat the p'ilrehase has ]so agreed to ay for all cl!sing cos[ associated with the of tit] i , / " at he Office of Strategic p arming be authorized'ta 44repare the necessary docume is or the transfer of title and that the Mayor be authorized to execute the sane, in accordance with the terms of sale upon which the bids were submitted. PAsed. Recommended by the Committee on Legislation _ Ea man TAh3:rmv TA%Yp601insword\ invl9c 12- 9c.doc 1 b 1 Mr. Golombek mowed that the above item be recommitted to the Committee on Legislation NYS Empire Zone #38 --- Inclusion of RSP (Item No. 48, C.C.P., Dec. 9, 2008) ,2 That the above itern be, and the same hereby is returned to the Common Council without .recommendation. Mr. LoCurto moved: That the above - mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Legislation Agl , Cha' man TAB:rmv 1 awp6O\mswordlrm v148c 1.2 -9c. doe "� ,.. uutsidU Vatio %-1 I5ii1` 66 VY C illppewa (Item No. 54, C.C.P., Dee, 9, ZOOS) f That the above item be, and the sane hereby is returned to the common Council without recommendation. Mr. Golornbek moved: That the Commoner of Public Works, Parks and Streets be, and he hereby is authorized to grant permisg on to Cr c Bar, located at 88 W. Chippewa Street, to use their outside patio during the win&r- mo the of 2008, which would encroach city right-of-way at said address, subject to the co itions as determined by the Commissioner. Recommended by the Committee on Legislation Chairman TAB:rmv (:\wp60ktn,-word \nnv\54c ] 2- 9c.doc s rp t f , 3 }l Mr. Golombek moved that the above item be recommitted the Committee on Legislation k +►1 T ! l t.. B. Davis -R. Rienas -PBA and Busti Avenue Properties(Ell) (ccp# 55, 12/09) That the Above item be the same and is hereby Received and Filed ADOPTED Recommended by the Committee on Legislation ;i i T. McCarroll- Urging Verizon to Prioritize The COB for HOS TV Deployment j (ccp# 58, 12/04) That the Above item be the same and is hereby Received and Filed ADOPTED Recommended by the Committee on Legislation City Clerk's Department BUFFALO December 26, 2008 HON. BYRON W, BROWN MAYOR OF BUFFALO KNEW r Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 78 PASSED December 23, 2008 D. ZapfeI, Agent, Use 2525 Bailey Ave for A Ground Sign (Lov)(No Hrg) Gerald A Chwalinski City Clerk JJ 0 z D. Zapfel, Petition to Use 2525 Bailey Ground Sign � (Item No. 60, C.C.P., Dec. 9, 2008) That the petition of D. Zapfel, agent, for permission to use 2525 Bailey for a 3' x 2.5', 64' height, non - illuminated sign be, and hereby is approved. Passed. Recommended by the Committee on Legislati011 " Chairman "TAB : rmv (Awp60%mswur&rmv\60r 12- 9c.dac t .� 1 � ` DAVIS * * * * FONTANA * * * * * * FRANCZYK * * _ * * * * GOLOMBEK * * _ * * * * KEARNS * * _ * * * * LOCURTO * * _ * * * * RIVERA * * * * * * RUSSELL * * * * * * SMITTI * * * * * * --1 [M8J- 51 |2/] -6l [3/4 - 7l Ai -_- � YM * * * m � * * * Ai -_- � YM City Clerk's Department BUFFALO December 26, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 79 PASSED December 23, 2008 LL Intro #7 -Amend Article 6 in Relation to the Empire Zone 938 Gerald A Chwalinski City Clerk J.. L3 sJ LA C, iq q - - Local Law Intro. #7 Empire Zone — 38 (Item No. 91, C.C.P., Dec. 9, 2008) That the above item be:, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Local Law as contained in Item No. 91, C.C.P., December 9, 2008, be and the same hereby is approved. Passed Recommended by the Committee on Legislation �,� , - Chairman TAB:rrnv T \wp60lrnswordVnivW t c 12- 9c.doe t *AYE* NO * DAVIS * _4 [ MAJ - 51 F'ONTANA 0 [213 - 61 * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIV ERA RUSSELL SMITH * ------------- [ MAJ - 51 *, * w 0 [213 - 61 * [314 - 7] r� l J. Hague- April Update on Illegal Yard Signs 300 Linwood Ave (ccp# 35, 10128) That the Above item be the same and is hereby Received and Filed ADOPTED Recommended by the Committee on Legislation �� NJ C. Michener- Request No Parking Sign Oschawa Ave (ccp# 38, 10/28) That the Above item be the same and is hereby Received and Filed ADOPTED Recommended by the Committee on Legislation �. ;J i r a_� P- ...'ate B. Davis - Chippewa Entertainment District Meter Poles (430, 10114) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation i` B. Davis -R. Alsheimer- Intersection of Edward & Elmwood to Changed To Two Way Traffic (#55, 9130) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation aV e � E s Lodging House License -- 45 West Chippewa Street (Item No. 53, C.C,P,, July 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek proved: ThA pursuant to Chapter 194 of the City C64 the Commissioner of I conoinic Developme .I, Permit and Inspections Services be, and'he hereby is aa1-f 6fT7edl-to,,grant Lodging HoiAq Lie ense�tc Candace Isaacs located at 45 We iippewa Street. psrg� Recommended by the Committee on Legislation C hairman TAI3:rmv ' f:A %vp60lmswordlrartv153c7- 22c.doc a - ry 77 ") , t)'1k c% Mr. Golombek moved that the above item be recommitted to the Committee on Legislation M. LoCurto -J. Rouche & O- Request Change in Parking Regulations on Harvest Ave (Del) (ccp# 52, 215) That the Above item be the same and is hereby Received and Filed ADOPTED r Recommended by the Committee on Legislation �K Food Store License --- 465 Best 0 ` (Item No. 35, C.C.P., Sept. 16, 2008) That the above item be, and the salve hereby is returned to the Common Council without recommendation. Mr. Giolombek moved: That 'ursuant to Chapter 194 of the City Code, the Commissioner oi'Economic Development, Per ' and Inspeetions Services be e hereby is authorized to grant a Food Store License to Mohanie&AI- irasafi -loC ted at 465 B st der- Alfu'.s Food Market. I - n l �0 Recornmended by the Committee on Legislation q MU � C airman '['A wP60\oiswwc €lmiO350- 29c.doc C' / Mr. Golombek moved that the above item be recommitted to the Committee on Legislation Food Store License -- 529 Dodge (Item No. 28, C.C.P., Apr. 1, 2008)] (item. No. 102, C.C.P., Apr. 15, 2008) That the above item be, and the sane hereby is returned to the Common-Council without recommendation. Mr. Golornbek moved: That pursuant to Chapter fz94 of the City-Code, the Commissi aneP c Development, Permit Inspections Services be, aind.lie hereby.i authorized to grant a Food Store License to V' &twal, 47bla Dodge i i; kss Mart located at 529 Dodge. -Aar d. Recommended by the Committee on Legislation_ "Chairman ' AB. rmv `r:1w60\mswor&rmvA 02c4- 15c.doc a d0 Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ' -)5 1 Q City Clerk's Department BUFFALO December 26, 2008 HON. BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No, 88 PASSED December 23, 2008 Ord Amendment -Ch 264 Rental Dwelling Unit Registration Gerald A Chwalinski City Clerk Ordinance Amendment - Chapter 264 — Rental Dwelling Unit registration (Item No. 77, C.C.P., Oct. 28, 2008) That the Ordinance Amendment as contained in Item No. 77, C.C.P., October 28, 2008, be and the same hereby is approved. Passed r Recommended by the Committee on Legislation Clia3rmill3 TAB:rmv TA%vp601mswordlrn v\77cl0- 23c,kJ(x; 'SAYE* NO * DAVIS * * * FONTANA FRANCZYK GOLOMBEK * ` K_EARNS LOCURTO RIVERA RUSSELL SMITH (-------- --- --j (MAJ- S) [ 2/3 - 6 ] [3/4 - 7] p EDUCATION e (DEMONE A. SMITH, Chairman) Sw Dedicating Riverside HS Field to Former Coach Charles Dingboom(Bd of Ed) (ccp# 50, 912) That the Above item be the same and is hereby Received and Filed ADOPTED Recommended by the Committee on Education 1 Dedicating Riverside HS Field to Fortner Coach Charles Dingboom(Except I" & 2" d Res) � (ccp# 122, 718) That the Above item be the same and is hereby Received and Filed ADOPTED Recommended by the Committee on Education �J �� 1''' w��E,•7 4 Truancy Ordinance (ccp# 129, 718) That the Above item be the same and is hereby Received and Filed ADOPTED Recommended by the Committee on Education SPECIAL COMMITTEE POLICE OVERSIGHT (BRIAN C. DAVIS) / i r:1 Drug Asset Forfeiture Wire Transfers (Pol) (Com #32, 9/16) That the above item be the same and hereby is Received and Filed. ADOPTED Recornmended by the Special Committee on Police Oversight 3' B. Davis -C. Brown & Others - Request For Changes in Traffic Controls on Hudson St /or Plymouth ( # 89, 9/2)( #79, 9/30) That the above item is hereby referred to the Committee on Legislation. ADOPTED Recommended by the Special Corninittee on Police Oversight 4/ B Davis -C. Rodriguez - Introduction of Mandate of City's Comm on Citizens Rights & Community Relations ( #37, 6/10)( 985, 9130) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Special Committee on Police Oversight t ., r tJ SAFE Reports and Current Status ( #31, 4/29)( 445, 10/14) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Special Committee on Police Oversight j1 o. RESOLUTIONS Dec 23, 2008 f `0 Resolution By: Brian C. Davis Subject: The New York State Department of Transportation Request Permission to use City of Buffalo Streets as Alternate routes to perform maintenance and repairs to the bridges on the 1 -190 Niagara Street Ramps Whereas: The New York State Department of Transportation proposes to perform maintenance repairs to bridges, BIN 1063090 and BIN 1063100, on the Interstate 190 Southbound Ramps `H' and `J' (Niagara Street ramps) in the City of Buffalo, Erie County, and Whereas: The New York State Department of Transportation proposes to utilize the following roads and streets as detours during the period of construction: Niagara Street, South Elmwood Avenue, Church Street, Virginia Street, Trenton Avenue, Maryland Street, Porter Avenue, and Baird Drive; and Whereas: `The New York State Department of Transportation will provide traffic control devices and the Department's maintenance responsibility will be limited to those devices. Now, Therefore Be It Resolved: That the Council of the City of Buffalo does hereby authorize the New York State Department of Transportation to utilize the above - mentioned roads and streets as detours during the period of construction; and Be It Further Resolved: That the City of Buffalo will continue to provide routine maintenance on the above mentioned roads and streets, including snow and ice control; and Be It Finally Resolved: That the clerk of this Council is hereby directed to transmit five (S) certified copies of this resolution to the New York State Department of Transportation. Brian C. Davis REFERRED TO THE COMMITTEE ON FINANCE & DEPARTMENT OF PUBLIC WO E R.1 S0L LI`11ON By: Mr. Fontana Re: Ex Councilmember Davis front Meeting Whereas: Councilmerfiber Brian C. Davis will be unable to attend the Council meeting on Tuesday, December 23, 2008; Now, `Therefore, Be It Resolved That: The Common Council excuses Councils - nernber Brian C. Davis from attending The Tuesday, December 23 2008, Common Council meeting. .. . . ......... �� Richard A. Fontana „. tt "J �Za Amendments to 2009 Capital Bud get Tay: -Mr. Smith Whereas: The decision to delete- the citywide infrastructure line and create separate district specific lines is not based on firm economic principles or sound municipal n-anagement decisions. The logic of this decision is narrow minded and jeopardizes the City's ability to address significant infrastructure emergencies_ A political game of chicken, to totally delete City -wide; infrastructure funding and replace it with individual district allocations, against the will of the administration by a 5 -4 vote or a slink majority, has ultimately left the City with zero dollars for City -wide infrastructure repairs and is highly irresponsible. Council Members are trying to become rnini Mayors as well as determine what City priorities are with no consultation froin engineers, planners or trained professionals. The brazen arrogance of the slim majority of the Council to try to corner the administration, without a supermajority, to veto the changes and lose City -wide infrastructure is politics at its worst that gambles with the safety of residents and is unproductive for the future of the City; and Whereas: The division of the citywide infrastructure repair and replacement Line of $5,638,354 into 9 separate pots i.s not equa $5,638,354 divided by nine is $626,483.77. 1"he amendment lists the division as $593,150 a difference of $33,3 33."7 essentially leaving Masten with less than an equal share. What the Slink Majority of the Council failed to do is account for additional discretionary allocations of $150,000 l:or 8 members (totaling $1.2 million) by not deleting an appropriate amount to coincide with the addition. Council deletions to account for the increases which were taken from BPDO9001 (Police and fire Radio) $365,000 & Bldg08001 (Conditions and Assessment of City Buildings) $535,000 only added to $900,000 (which would be $11.2,000 for each of the eight). $320,000 short of the needed $1.2 million wanted for Council Members discretionary spending. flssen.tia.11y the remaining ,$320,000 is now being taken from the citywide infrastruettire line to supplement additional discretionary dollars for 8 members, thus creating unequal allocations of the citywide account. It should also be noted an additional cut of $321,680 was made from bldg09001 (City I tall) but an identical addition was made in Franklin -- Linwood N. Pearl St Infrastructure of $321,680; and Whereas: The parochial view that Martin Luther King, Jr. Park is a district project and not a citywide initiative is problematic. This way of planning, logic and action is the reason the pool has been left to deteriorate for over a dccadc while investments were made in other Olmsted parks, MLK was not maintained. No investments in the park were made for over 10 years from the 80's until the 90's� Erie County and the State of New York have noted the entire_ Ol rhhsted. P arks system as regionally significant assets. Most users ol'the park are not Masten District residents; and A, k lv t Whereas: Due to the City's investment in a regionally significant project, Renovation of the MLK Park Basin, The Council has set a new precedent of prohibiting any district discretionary funding for a district Council Member where a large project is taking place. This has never been done before and there have been projects over two million dollars in districts but Council Members still received discretionary capital dollars. There are no established guidelines on how .much city investment a project does not warrant to be excluded from receiving district allocations or who makes the determination. I truly believe this practice will not be enforced fairly as well. Whereas: Written amendments requested at the Budget Cornmittec Meeting in the prior week, were not received until the start of the special meeting to approve the City wide Capital Budget for 2009. The special meeting was recessed for 20 minutes and a different set of budget amendments were handed out for approval. No time for review was allowed which leads me to believe the involvement of nefarious purposes in the submission of the Capital Budget Amendments. 32% of the City's 2000 Capital Budget was changed with no opportunity to review besides on the question on approval. This is a very bad way to conduct the peoples business with surprise amendments on the floor. The Council Itself has gone on record numerous times against this measure, but utilizes this method of r•llse in its approval procedures is contemptible; and Whereas: Due to improved economic status, The City is in the process of seeking an upgrade in credit rating to lower borrowing costs in an arduous economic climate; No city -wide infrastructure compromises the effort with credit rating agencies; Now Therefore Be It Resolved: That funding allocated to the Masten District be transferred to the City- wide infrastructure line; and Be It Further Resolved: 111cott, Niagara, University and N transferred to the City -wide inirast . istrict specific allocations be c line. one Smith E UM:) TO THE COMMITTEE 1N LEGISLATION. BY: DEMONE A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Ahmed, Joseph S. DiPasquale, Frank Arcara, Michael Doyle, Richard P. Arnold, Allison Duderwick, Jay B. Arthur George K. Duffy Teresa M. Azzarello, Leanne Dunham, James P. Bannister, William. C. Eldridge, Patrice R. Baudo, Catherine Ellis, Kathleen J. Beeny, Kathleen Emerson Harold J. Bernacik, William P. Eschborn Wendy S. Bettinger, Christine M. Evans, Mary C. Bevelock, Patsy J. Farley, John P. Blake, William P. Farrell, Theresa Blakeley, Kelli Fecio, John Blosat, Gregg G. Feliz Yasaias Bolrelli, Antonio Flowers, Michael J. Brown, Sandra D. Galante, Paola R. Bursie, Ernest W. Gannon, Paul T. Bath, Sean K. Gaspar, Michael F. Buyers, Deborah A. Gawlick, Barry Carter, Calvin D. Geier Lisa A. Carter, Richard A. Geller- Alongi, Rise T. Caruso, John W. Gordon, Dana M. Cash, Joelle D. Gregg, Melanie J. Caulfield, Thomas E. Griggs, Marlene L. Cavaretta, Judith M. Grzebielucha, Pamela L. Chwojdak„ Gary Gagliuzza, Mary E. Colangelo, Salvatore Guzman, Francisco Collins, Timothy Colucci, Lawrence R. Heidinger, Nicholas C. Comerford, Mary K. Hennessy Ed Cooley, William J. Hilly, Michele D. Crowe, Donald A. Hirsch, Scott E. Dee, James T. Hussar, Michele T. Delano, Sr, Paul R. .Irwin, Patrick K. Diague, Deborah S. James, Ivy A. Diehl, Marilyn M. Jones, Fred DiFonzo Dawn M. Jones, Kerry F. DiGiulio, Joyce M. Jr. Harris Phelix Jr. Joseph E. i Jr. Smith Dennis A. Pandolfino, Bert Judge, Patrick J. Parisi Jill M. Kasianowiez, Christine Parker, Annette Kiefer, Brendan J. Perez, Natalie Kiszewski, Sherry L. Phillips Kevin S. Kobler, David S. Pierchala, Joseph Kubala, Michelle R. Pleasant Teresa A. Lane, Marilyn F. Podsiadlo, Kathleen Lapinski, Darlene Pratts, Mario T. Lark, Barbara A. Pryndota, Maria Lauber, Mark J. Rambino, David J. Lauria Nancy Reilly, Debra A. Lawson, Margaret A. Renzoni, Debbie A. Lema, James A. Richards, Dennis J. Lenczyk, Carolyn Richardson, Marie Lewis Patrick T. Rinaldo, Jeffrey Licata, Olivia A. Ritz Teri Buffum Lillis, David Rodriguez, Evelyn Linkowski, Robert Ross, Brian G. Liol.kowski Mary J. Salamone, Timothy J. Lonergan, James P. Santiago Lydmia Lotempio Thomas Sawicki, Mary Ellen Lozano Kevin J. Schmitz, Michelli Lynch, John J. Schuster, Mary Pat Maciejewski, Joseph L. ,Scinta, Maria L. Malec, Scott Sciortino Brenda Malkowski, Steven R. Shell Jason C. Maloney, Kevin F. Simich, John P. Martinez Brian K. Solanke Gwendolyn Masterson, Thomas J. Solomon, Joyce M. Mathewson, Loretta Starzynski, Margaret A. Mayer, Pamela L. Szi.lagyi Michael A. Mayfield, Jean F. Terry, Donna L. Mazur, Paul Thibaudeau Peter McCabe Erin Thill Amy McCarthy, Jacqueline Timineri, Elizabeth McCarthy, Thomas Toroizzi Joseph J. McFoy Olvwole Turner, Steven M. McGrath, Leo Tyler, Lawrence A. McLaughlin, Willie Vanevery Donald A. Minor, Reginald Vaughn, Mark J. Mirco Inez Wagstaff, Richard Mourgas, Nicholas A. Walker- Jarmon, Pamela L. Nathan K Jo Walsh, Noreen E. Nichols, Steven J. Weiss, Barbara J. Niemann, Edward C. Wetter Marilyn O Neill James J. Weyand, Jeffrey R. Olszewski Julie White, Phillis A. Ortiz Edwin O. Williams, Danny Wilson Paul Wisniewski, Marilyn Wolasz, Michael TOTAL. i _ Zanistowski Pamela Zulewski Michael ADOPTED BY: DEMONS A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Alspaugh, Tyler A. Bailey, Daniel F. Block, Carmen Carey, William E. Crist, Jill Diagne, Deborah S Diggins, Nora A. Gainous, Juanita Gospodarski, Lynnette M. Harris, Sr., Phelix Hill, Sean Dennis Melchiorre, Alfred Nowaczyk, Marian O'Connell, Barbara Palmer, Viola Rechan, Renee Rodriguez, Jessica Rosa, Elena Sacco, Frank Sharman, Sharon Stevens, Kristin H. Taft, Lucinda M. Taylor, Teresa L. Van Every, Donald A. Wagner, Lynne Williams, Furnette J. Young, Pauline Total: 27 ADOPTED V r7 i ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 €h 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 Tuesday, December 30, 2008 at 9:45 o'clock A.M. Tuesday, December 30, 2008 at 10:00 o'clock A.M. Tuesday, December 30, 2008 at 1:00 o'clock P.M. Tuesday, December 30, 2008 at 2:00 o'clock P.M. Public Disclaimer): All meetings are subject to char e and cancellation b the res ective Chairmen of Council Committ In the event that there is sufficient time given for notification it will be rovided. In addition there ma be meetin s set a whereb the Cit Clerk's Office is not made aware therefore unless we receive notice fr om the res ective Chairmen, we can only make notification of what we are made aware No. Adjournment On a motion by Mr. Fontana, Seconded by M .K am -&, the Council adjourned at 2 G F GERALD CHWAI.INSKI CITY CLERK Dec 23, 2008 COMMON COUNCIL CITY HALL — BUFFALO SPECIAL SESSION Monday, December 15, 2008 at 10:00 A.M. PRESENT: David A. Francxyk President of the Council, and Council Members Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell, Smith - 9. ABSENT None. [MAJ- 51 * 9 * 0 [ 2/3 - 6 [3/4 - 7] *AYE* NO DAVIS * FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA * * * RUSSELL SM1TU * * * [MAJ- 51 * 9 * 0 [ 2/3 - 6 [3/4 - 7] C-N 0 C, i, " 71tt"0 CITY OF BUFFALO December 11, 2008 All Items Relating To 1.) Capital Budget Yours very truly, r David A. Franczyk Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated December 11, 2008 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on December 15, 2008 at 10:00 A.M. for the following puposes: To receive and take appropriate action on : r President of the Council OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics WILMER OLIVENCIA, JR. Deputy City Clerk DIANA RICO Deputy City Cleric Vital Statistics Registrar of Vital Statistics December 11, 2008 TO EACH MEMBER OF THE COMMON COUNCIL: 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 859 -4845 YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Couneilmembers, dated December 11, 2008, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on December 15, 2008 at 10:00 A,M. for the following purpose: To receive and take appropriate action on all items relating to All items Relating To 1.) Capital Budget Yours very truly, J. 4 V 0j - Gerald A. Chwalinski L� City Clerk December 11, 2008 Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All Items Relating To 1.) Capital Budget We request that this Special Meeting be held on December 15, 2008 at 10:00 A.M. Zr Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: BRIAN DAVIS JOSEPH GOLOMBEK MICHAEL LOCURTO BONNIE E. RUSSELL RICHARD FONTANA MICHAEL KEARNS DAVID A. RIVERA DEMONE SMITH hereby states that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on December 15, 2008 at 10:00 AM I STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) appeared On. this 11th day of December 2008, before me, the subscribers, personally To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. C AA, UA J RECEIVED , Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/08 TO: THE COMMON COUNCIL DATE: October 31, 2008 FROM: THE EXECUTIVE DEPARTMENT SUBJECT: 2009 Capital Budget Recommendations & 2009 -2013 Capital Improvements Program Recommendations In accordance with §20 -24 of the City Charter, attached please find my recommended 2009 City of Buffalo Capital Budget and 2009 -2013 recommended Capital Improvements Program. Based on the Comptroller's recommended debt limits, the 2009 Capital Budget consists of $21.5 million in funding for City of Buffalo projects, and $5.1 million for Buffalo Public Schools projects. In recommending individual expenditures, my administration has thoroughly reviewed the recommendations of the Citizens Planning Council (CPC} and has submitted a recommended budget consistent with the CPC's funding recommendations. My recommended capital budget contains a wide variety of capital improvement projects, including over $1 million for community center improvements, $2 million for the reconstruction of the Martin Luther King, Jr. Park splash pad, an additional $750,000 for parks citywide, $535,000 for a comprehensive condition survey of all city -owned buildings and $2.3 million for demolitions, The City's $21.5 million in funding is also highlighted by: s Broadway Market General Improvements $107,000 * Seneca Street Streetscape Irmprovements $500,000 * LaSalle Park Centennial Pool /Splash Pad $53,000 LaSalle Park Shelter House $32,100 LaSalle Park Dog Park $26,750 • Riverside Park Lighting & Field Improvements $53,500 Johnny B. Wiley Sports Complex Improvements $53,500 • Shoshone Park Field & Pool Improvements $26,750 • Upgraded Police & Fire Radio System $2,140,000 • Buffalo & Erie County Historical Society Electrical System Upgrade $642,000 Autumnwood Senior Center Reconstruction $107,000 Lafayette Rink Improvements $168,000 �► Emergency Bridge Repairs $535,000 • Niagara Street Gateway Project $110,265 • Buffalo Public Schools $5,100,000 l r, F. ._ i DEPARTMENT HEAD NAME: Byron W. Brown TITLE: Mayor SIGNATURE OF DEPARTMENT HEAD: c, 1 City of Buffalo 2009 Recommended Capital Improvements Program L LO Byron W. Brown, Mayor 2009 Mayor's Ra `m r� endtad (.3'apitai Budget Project I Amount bps09001 Reconstruction of Various Schools $ 2,000,001 bps09002 Chimney Reconstruction 1,500,001 bps09003 Oil Tank Improvements 820,001 bps09004 Mechanical /Electrical Reconstruction Various Schools 7. .780,00( TOTAL $ 6,100, 000 COMPTROLLERS CAP = BUFFALO PUBLIC SCHOOLS $ 5,100,000 BEHS07002 Upgrade Electrical Systems I $ BFD07001 Purchase Fire Apparatus 1 1,952,1 BLDG08001 Condition Assessment of City Buildings 535,000 8LDG08004 Marcy Casino Reconstruction 202,000 BLDG08005 Autumnwood Senior Center Reconstruction 107,000 BL.DG08007 District Heat Distribution System Replacement 214,000 €11dg09001 City F-talt bldg09002 Critical Infrastructure /Key Resource Protection per the M ~�� Buffalo UASI NIPP_- Homeland Securit 463,667 4- v 321,000 Bldg09006 Community Centers Genesee - Moselle Clinic Repairs and Improvements 214,000 Broadway Market Broadway General Improvements 107,000 Northwest Buffalo Window Replacement 42,800 Edward Saunders Roof Repair 26,750 Lafayette Ice Rink Improvements 168,000 City -wide Community Centers - Emergency Repairs 163,177 BIdg09007 City Service Buildings BPDO9001 Police and Fire Radio System 214,000 2 140,�Q0 �9 DCCM0906North District - Reconstruction of Middlesex Avenue 230,49 DCCM0918 University District •- Renovation of Roosevelt Park 224,00 Shelter House inn E��A�i � 1VAMA C l AAAIIMti�Ir'Y+►AN/�IA �A :ll�� �. ■.J.�. / 4 2009 M a Re coiiiliien ded vapiw.ai Bud Project ENGR ©6001 Citywide Infrastructure Repair /Replacement Amount 5,638,354 ENGR07002 Niagara St, Gateway Project 110,265 ENGR07007 Fargo Ave. /DYouville College Streetscape 97,638 ENGR07012 Emergency Bridge Repairs 535,000 ENGR08002 Humboldt Parkway Streetscape 802,500 ENGR09001 South Park Ave Resurfacing and Streetscape Improvements 124,227 ENGR09002 Fillmore Ave Resurfacing and Streetscape Improvements 85,600 ENGR09003 Seneca Street Streetscape Improvements INSP09001 DEMOLITION OF BUILDINGSISTRUCTURES M ai l DCCM0919 City Wide - Reconstruction of Olmsted /City Parks System 500,000 2,351,179 Martin Luther King Jr. Park Wading Pool 2,033,000 Lasalle Park/Dog Park 26,750 Lasalle Park Shelter House 32,100 Lasalle Park Centennial` Pool /Splash Pad 53,500 Riverside Park Lighting and Field Improvements 53,500 Shoshone Park Field and Pool Improvements 26,750 Johnny B. Wiley Sports Complex Roof & Structural Repairs 53,500 City-wide Parks - Emergency Repairs 509,092 STRT08002 Streets Vehicles 500,000 TOTAL $ 21,500,000 COMPTROLLER'S CAP - CITY OF BUFFALO $ 21,500,000 2009 -2013 d MAYOR'S RECOMMENDED CAPITAL IMPROVEMENTS PROGRAM 2009 -2013 MAYOR'S RECOMMENDED CAPITAL IMPROVEMENTS PROGROnn City Clerk's Department BUFFALO December 1.5, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 3 Capital Budget Amendments PASSED December 1.5, 2008 Gerald A Chwalinski City Clerk -� NO CAPITAL BUDGET AMENDMENTS 2009 Mayor's Recommended Capital Budged 2009 Capital Improvement Budget Mayors Recommended Budget Common Council Deletions Adjusted Budget after Common Council Deletions and Prior to Additions Common Council Additions Common Council Approved Budget Project Buffalo Public Schools bps09001 Reconstruction of Various Schools $2,000,000 $2,000,000 $2,000,000 bps09002 Chimney Reconstruction 1,500,000 1,500,000 1,500,000 bps09003 Oil Tank improvements 820,000 820,000 820,000 bps09004 Mechanical /Electrical Reconstruction Various Schools 780,000 780,000 780,000 TOTAL - BUFFALO PUBLIC SCHOOLS $5,100,000 $0 $5,100,000 $0 $5,100,000 COMPTROLLERS CAP - BUFFALO PUBLIC SCHOOLS $5,100,000 $5,100,000 $5,100,000 City of Buffalo Buffalo& Erie County Historical Society BEHS07002 Upgrade Electrical Systems $642,000 $642,000 $642,000 Fire Dept BFD07001 Purchase Fire Apparatus 1,952,155 1,952,155 1,952, DPW - Buildings Division Bld908001 Condition Assessment of City Buildings 535,000 (535,000) 0 0 Bldg08004 Marcy Casino Reconstruction 202,000 202,000 202,000 Bldg08005 Autumnwood Senior Center Reconstruction 107,600 107,000 107,000 Bidg08007 District Heat Distribution System Replacement 214,000 214,000 214,000 Bldg09001 City Hall 463,667 463,667 463,667 Bldg09002 Critical Infrastructure /Key Resource Protection per the Buffalo UASI NIPP - Homeland Securit 321,000 321,000 321,000 BIdg09006 (Community Centers) Genesee - Moselle Clinic Repairs and Improvements 214,000: 214,000 214,000 Broadway Market Broadway General Improvements 107,000 107,000 107,000 Northwest Buffalo Window Replacement 42,800 42,800 42,800 Edward Saunders Roof Repair 26,750 26,750 26,750 Lafayette Ice Rink Improvements 168 168,000 168,000 City -wide Communi Centers - Emergency Repairs 163,177 163,17? 163,177 Bldg09007 City Service Buildings 214,000 214,000 214,000 : Citywide Libraries Police Dept BPD08001 Delaware Park Backup 911 Center Renovations BPD09001 Police and Fire Radio System 2,140,000 365,000 1,775,000 1,775,000 Common Council DCCM0906North District - Reconstruction of Middlesex Avenue 230 230 496 230,496 OCCM0918 University District - Renovation of Roosevelt Park Shelter House 224,000 224,000 224,000 DPW - Engineering Division ENGRO6001 Citywide Infrastructure Repair /Replacement 5,638,354 (5,638,354) 0 0 Delaware Districtwide Infrastructure RepairlReplacement 0 624,262 624,262 Ellicott Oistrictwide Infrastructure RepairlReplacement 0 624,262 624,262 Fillmore Districtwide Infrastructure RepairlReplacement 0 624,262 624,262 Lovejoy Districtwide Infrastructure RepairlReplacement 0 624,262 624,262 Masten Districtwide Infrastructure Repair /Replacement 0 474,262 474,262 Niagara Districtwide Infrastructure RepairlReplacement 0 474,262 474,262 2009 Mayor's Recommended Capita! Budget 2009 Capita[ Improvement Budget Mayor's Recommended Budget Common Council Deletions Adjusted Budget after Common Council Deletions and Prior to Additions Common Council Additions Common Council Approved Budget Project . Niagara Districtwide Infrastructure Repair /Replacement - Richmond Avenue - Lightin 0 150,000 150,000 North Districtwide infrastructure Repair /Replacement 0 624,262 624,262 South Districtwide Infrastructure Repair /Replacement 0 624,262 624,262 University Districtwide Infrastructure Repair /Replacement 0 624,162 624,262 OSP Citywide Infrastructure Repair /Replacement 0 1,070,000 1,070,000 ENGR07002 Niagara St, Gateway Project 110,265 110,265 110,265 ENOR07007 Fargo Ave.lDY College Streetscape 97,638 97,638 97,638 ENGRO7012 Emerg Bridge Repairs 535,000 535,000 535,000 ENGRG8002 Humboldt Parkway Streetscape 802,500 802,500 802,500 ENGR09001 South Park Ave Resurfacing and Streetscape Improvements 124,227 124,227 124,227 ENGR09002.Fillmore Ave Resurfacing and Streetscape Improvements .85,6.00 $5,600 .85,600 ENGRO9003 Seneca Street Streetscape Improvements 500,000 500,000 500,000 EDPI Dept iNSP69001 DE MOLI T ION OF BUILDINGSISTRUCTURES 2,351,179 2,35 1,179 - 2,351,179 DPW -Parks . . - DCCM0919 City Wide - Reconstruction of Olmsted /City Parks System Martin Luther King Jr. Park Wading Pool 2,033,000 2,033,000 2,033,000 Lasalle Park/Dog Park 26,750 26,750 26,750 Lasalle Park Shelter House 32,100 32,100 32,100 Lasalle Park Centennial Pool /Splash Pad 53,500 53,500 53,500 Riverside Park Lighting and Field Improvements 53,500 53,500 53,500 Shoshone Park Field and Pool Improvements 26,750 26,750 26,750 Johnny B. Wiley Sports Complex Roof 8, Structural Repairs 53,500 53,500 � 53,500 City -wide Parks - Emergency Repairs 509,092 509,092 509,092 PRKS06002 Citywide Parks Improvements DPW - Streets STRT08002 Streets Vehicles 500,000 500,000 500,000 TOTAL -CITY OF BUFFALO COMPTROLLER'S CAP - CITY OF BUFFAILq $21,500,000 $21,500,000 - $6,538,354 $14,961,6461 $21,500,0001 $6,538,3541 1 $21,500,000 $21,500,000 2 of 2 1211512008} 2009 Mayor's Recommended Capita! Budget 2009 Capital Improvement Budget Illlayora Recommended Capital Improvement Program Recommended Recommended Common Recommended Recommended Recommended Capital Common Common Common Council P Capital Capital Capital Capital Improvement Council Council Revised Improvement Council Revised Improvement Improvement Improvement Program Revisions Program Program Revisions Program Program Program Program Project 2009 2009 2009 2010 2010 2010 2011 2012 2013 Buffalo Public Schools bps09001 Reconstruction of Various Schools $2,000,000 $2,000,000 bps09002 Chimney Reconstruction 1,500,000 $1,500,000 bps09003 Oil Tank Improvements 820,000 $820,000 bps09004 Mechanical/Electrical Reconstruction Various Schools 780,000 $780,000 TOTAL - BUFFALO PUBLIC SCHOOLS $5,100,000 $5,100,000 COMPTROLLERS CAP - BUFFALO PUBLIC SCHOOLS $5,100,000 City of Buffalo Buffalo & Erie County Historical Society BEHS07002 Upgrade Electrical Systems $642,000 $642,000 Buffalo & Erie County Public Library SWCPLO6008 Niagara Branch Library Restoration $721,792 $721,192 Fire Dept BFD07001 Purchase Fire Apparatus 1,952,155 $1,952,155 943,740 $$43,740 1,919,921 1,919,921 7,952,155 DPW - Buildings Division Sidg06001 Condition Assessment of City Buildings 535,000 (535,000) $0 Bldg08004 Marcy Casino Reconstruction 202,000 $202,000 202,000 BId908005 Autumnwood Senior Center Reconstruction 107,000 $107,000 Bldg08007 District Beat Distribution System Replacement 214,000 $214,000 649,000 $649,000 214,0000 107,000 207,000 BldgO8009 City Hall High Rise Elevator Modernization Bld908012 Salt Storage Facility 2,140,000 2,140 000 BIdg09001 City Hall 463,667 $463,667 463,667 $463,667 2,140,000 463,667 BId909002 Critical Infrastructure/Key Resource Protection per the 321,000 $321,000 Buffalo UASI NIPP - Homeland Securit BIdg09006 (Community Centers) 428,000 $428,000 Genesee - Moselle Clinic Repairs and Improvements 214,000 $214,000 Broadway Market Broadway General improvements 107,000 $107,000 Northwest Buffalo Window Replacement 42,800 $42,800 Edward Saunders Roof Repair 26,750 $26,750 Lafayette Ice Rink Improvements 168,000 $168,004 City -wide Community Centers - Emergency Repairs 163,977 $163,177 BIdgOS007 City Service Buitdings 214,000 $214,000 428,000 $428,000 Citywide Libranes 1 of 3 535,0001 1 $535,000 t 151200:9] 2009 Mayor's Recommended Capital Budget 2009 Mayor's Recommended Capital Budget r P� 3 aT 3 12I15120(M] *AYE* NO * DAVIS * * * FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH * ' [-------- - - - - -] * �, [ MAJ - 5 ] 0 [2/3 - 6] [3/4 - 7] City Clerk's Department BUFFALO December 15, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item_ No. 4 PASSED December 1.5, 2008 Capital Budget As Amended Gerald A Chwalinski City Clerk � NO CAPITAL BUDGET AS AMENDED 2009 Mayor's Recommended CaP tat BudgOt �...y '3 1 of 2 12! 1512008) Adjusted Budget 4 after Common Mayor's Council Deletions Recommended Common Council and Prior to Common Common Council I ` 009 Capital i mp rovement B udge Budget Deletions Additions Council Approved Budget I i Project Buffalo Public Schools Reconstruction of Various Schools $2,000,000 $2,000,000 $2,000,000 Fbps(01N)02�Chimney Reconstruetion 1,500,000 1,500,000 1,500,000 Oil Tank Improvements 820,000 820,000 820,000 bps09004 MechanicallElectrical Recoust..ction Various Schools 780,000 780,400 780,000 TOTAL - BUFFALO PUBLIC SCHOOLS $5,100,000 $0 $5,100,000 $0 $5,100,000 COMPTROLLERS CAP - BUFFALO PUBLIC SCHOOL $5,100,000 $5,100,000 $5,400,000 City of Buffalo Buffalo & Erie County Historical Society B Upgrade Electrical Systems $642,000 $642,000 $642,000 Fire dept B FD07001 Purchase Fire Appa ratus 1,952,455 1,952,155 1,952,155 DPW - Buildings Division BIdg06001 Condition Assessment of City Buildings 535,000 I (535,000) 0 D Bldg08004 Marcy Casino Reconstruction 202,000 202,000 202,000 B0608005 Autumnwood Senior Center Reconstruction 107,000 107,000 107,000 Bldg0 District Heat Distribution System Replacement 214,000 214,000 214,000 BIdg090 City Hall 463,667 - (321,680 141,987 444,387 321,004 BldgO9002 Critical InfrasiructurelKey Resource Protection per the 321,000 321,000 Buffalo UASI NIPP - Homeland Seamii BIdg0 (Community Centers) 214,000 214,000 214,000 Ge nesee - Moselle Clinic Repairs and Improvements 107,000 Broadway Market Broadway General Improvements 107,000 107,000 Northwest Buffalo Window Replacement 42,800 42,800 42'800 26,750 Edw ard Saunders Roof Rep 26,750 26,750 168,000 168,000 Lafayette Ice Rink Improvements 168,000 _ 163,177 163,177 City -wide Community Centers - Emergency Repairs 163,177 BdgO9007 City Service Buildings 214,000 214,000 214,004 Police Dept _ BPDO8001 Delaware Park Backup 911 Center Renovations BP D09001 Police and Fire Radio System 2,140,000 365,000) 1,775,000 1,775,000 Common Council DCC District - Reconstruction of Middle Avenue 23.0496 230 230 496 224,000 DCCM0918 University District - Renovation of Roosevelt Park 224,000 224,000 Shelter House DPW - Engineering Division FNGR©6001 Citywide Infrastructure RepairlReplacement 5,638,354 (5,638,354) 0 - D Delaware Districtwide Infrastructure RepairlReplacement De 0 743,450 743,150 1 1ltcott Districtwide Infrastructure RepairlReplacement 4 743,151 743,160 i illmore Districtwide Infrastructure RepairlReplacement 0 743,150 743,150 Lovejoy tistrictwide Infrastructure RepairlReplacement 0 743 743 Masten Districtwide Infrastructure Repair/Replacement 0 5 593,150 N Districtwide Infrastructure RepairlReplaceirte 0 699 583,154 �...y '3 1 of 2 12! 1512008) 2009 Mayor's Recommended Capital Budget j L u0 Capital Improvement Budget Mayor's Recommended Budget Common Councif I�e!etions Adjusted Budget after Common Council Detetions and Prior to Additions Common Council Additions Common Council Approved t3udget t I W Project Niagara Districtwide infrastructure Repair /Replacement - Richmond Avenue - Li htin 0 150,000 150,000 North Districtwide Infrastructure Repair /Replacement 0 743,150 743,150 South Districtwide Infrastructure Repair/Replacement 0 593,150 593,150 South Districtwide Infrastructure Repair/ Renovation of Cazenovia C 0 150,000 150,000 _ University Districtwide Infrastructure Repair /Replacement 0 743,150 743,150 Franklin - Linwood - North Pearl St Infrastructure Repair 1 Re l 0 321,680 321,680 ENGR07002 Niagara St. Gateway Project 110,265 110,265 110,265 ENGR07007 Fargo Ave.1DYouville College Streetscape 97,638 97,638 97,638 ENGR07012 Emergency Bridge Repairs 535,000 535,000 535,000 ENGR08002 Humboldt Parkway Streetscape 802,500 802,500 802,600 ENGR09001 South Park Ave Resurfacing and Streetscape Improv 124,227 124,227 124,227 FNGRO9002 Fillmore Ave Resurfacing and Streetscape Improve 85,600 85,600 85,600 ENGR09003 Seneca Street Streetscape Improvements 500,000 500,000 500,000 EDl'1 Dept INSP 09001 DEMOLITION OF BUILDINGS /STRUCTURES 2, 351,179 2,35 1,179 2,351,179 DPW - Parks DCCM0919 City Wide - Reconstruction of O lmsted /City Parks 5 ste€m Martin Luther King Jr. Park Wading Pool 2,033,000 2,033,000 2,033,000 Lasalle Park/Dog Park 26,750 26,750 26,750 Las alle Park Shelter House 32,100 _ 32,100 32,100 La salle Park Centennial Pooll Splash Pad 53,500 53,500 53,500 Riverside Park Lighting and Field Improvements 53,500 53,500 53,500 Shoshone Park Field and Pool Improvements 26,750 26,750 26,750 John B. Wiley Sports Comple Roof& Structu R epairs - 53,500 53,500 53,500 City - Parks - Emergency Repairs 509,092 509,092 509,092 F RKS06002 Citywide Parks Improvements DPW - Streets STR T08002 Streets Vehic 500,000 500,000 500,000 TOTAL - CITY OF SUFFAL COMPTROLLE=R'S CAP - CITY O 13U VFAIC $21,500,000 $21,500,000 -$6,860,034 $14, 639,966 $21,500,000 $6,860,034 $21,500,000 $21,500,000 - GRAND TOTAL $26,600,000 - $6 ,860,034 $19,739,966 $6,860,034 $26,600,000 COMPTROLLER'S CAP - - GRAND TOTAI $26,600,000 $26,600,000 $26,600, Changes as a % of Total Budget 32% r� ?of 2 12115120081 2009 Mayces Recommended Capital Budget 1 i 2009 Ca ital ram rovement Budg May ors recommended Capital Improvement Program p 9 �° J Recommended Capital Improvement Program Common Council Revisions Common Council Revised Program Recommended Capital Common Improvement Council Program Revisions Common Council Revised Program .-.. flrayo Recommended Recomrended Capital Capital Improvement improvement I Program :grogram �Qrayors - - -., Recommended Capital Improvement Program Project 2009 2009 2009 2010 1 2010 2010 2011 2012 2 013 Buffalo Public Schools bp509001 Reconstruction of Various Schools $2,000,000 $2,000,000 - bps09002 Chimney Reconstruction 1,500,000 1,500,000 bps09003 Oit Tank Improvements 820,000 820,000 bps08004 MechanicallElectrt as Reconstruction Various Schools 780,000 780,000 - -- TOTAL - BUFFALO PUBLIC SCHOOLS E $5,100,000 COMPTROLLERS CAP - BUFFALO PUBLIC SCHOOLS $5,100,000 $0 $5,100,000 City of Buffalo Buffalo & Erie County Histwical Society �- BEHS07002 Upgrade EEectrica{ Systems $642,000 642,000 -r � Buffalo & Erie County Public Library �- BWCPL06008 Niagara Branch Library Restoration $721,192 $721,192 j -- Fire Dept BFD07001 Purchase Fire Apparatus 1,952,155 1,9$2,155 943,740 $943,740 1,999,921 i,91$,92f 1,952,155] DPW - Buildings Division - .__........_.._.._ Bidg08001 Condition Assessment of City Buildings 535,000 BldgO3004 Marcy Casino Reconstruction 202,000 (535,000) 0 202,000 -- 202,0p0+ T BIdg08005 Autumnxood Senior Center Reconstruction 107,000 107,000 107 -- Bldg08007 District Heat Distribution System Replacement 214,0001 1 214,000 649,000 $6 49,000 214,000 207,000 Bldg08009 City Hall High Rise Elevator Modernization Bldg08012 Salt Storage Facility 2 2 94q 0{30 2,140,04 - Bidg09001 City Hall 463,667 (321,680) 141,987 463,667 $463,667 &dg09002 Critical InfrastructurelKey Resource Protection per the 321,000 BufEa[o UASI NIPP - Homeland Securit 321,000 - - Bldg09006 (Community Centers) 0 428,000 $428,0013 1 Genesee - Mosel €e Ctinic Repairs and Improvements 214,000 214,000�� _ _......�_�. ___ Broadway Market Broadway Generai tmprovements 107,000 107,000 Northwest Buffalo Window Rep {acement 42,800 42,800 _ - - -� Edward Saunders Roof Repair i 26,750 26,750 _ _ - i - Lafayette Ice Rink Improvements 168,000 168,000 y City -wide Corrrnunity Centers - Emergency Repa irs 163,177 163,977 -- i � -- -- - !Bldg09007 City Service Buildings 214,000 214,040 428,000 $428,000 a Citywide Libraries 1 of 3 535,400 $535,000 ]5f2008? 2009 Mayor's Recommended capital Budget 2009 capital improvement buaget mayors rcecommeaaea uapirai improvement grogram Recommended capStal improvement Program Common Council Revisions Common Council Revised Program Recommended Capital Improvement Program Gommon Council Revisions Common Council Revised Program y0I5 Recommended Capital improvement Program 1CFSlgOTS Recommended Recommended wap4ai Capital improvement I Improvement Program Program Project 2009 1 2009 1 2009 2010 2010 2010 2011 2012 2013 ^I ' Buffalo Museum of Science - BMOSo90o1 Storm Windows (Interior) 92,020 $92,020 i -- Police Dept _ r BPDO8001 Delaware Park Backup 911 Center Renovations 535,000 $535,000 BPDO9001 Police and Fire Radio System 2,140,000 y (365,000} 1,775,000 1,284,000 365,000 51,649,000 -- -��- ' Common Council j 0CCU10906North D }strict - Reconstruction of Middlesex Avenue 230.496 230,496 DCCM0918 University District - Renovation of Roosevelt Park 224,000 Shelter House 224 DPW - Engineering Division v ENGRO6001 Citywide Infrastructure RepairlRepiacement 5,638,354 (5,638,354) 0 4,280,000 $4,280,000 4,280,000 4,280,000 4,28 6 Detawars Districtwide Infrastructure RepairlRepiacement 743,150 743,150 E'licott Districtwide Infrastructure RepairfReplacement 743,150 743,150' - �- Fillrnore Districtwide Infrastructure RepairfReplacement 743,1501 743,150 Lovejoy Districtwide Infrastructure RepairfReplacement 743,150 743,150 - - Masten Districtwide Infrastructure Repair/Rep 593,150 593,150 I Niagara Districtwide Infrastructure Repair /Replacement 593,150 593,150 Niagara Districtwide Infrastructure RepairfReplacement - Richmond Avenue - Llahtin 150,000 150.000 { North Districtwide Infrastructure Repair /Replacement 743,150 743,150 South Districtwide Infrastructure RepairlRepiacement 593,1501 593,150 South Districtwide infrastructure Repair/ Renovation of Cezenovia Casino 150,000 150,000 University Districtwide Infrastructure Repair/Replacement 743,150 743,150 I.. Franklin - Linwood - North Pearl St Infrastructure Repaid Replacement 321,680 321 mmmm I ENGR07002 Niagara St. Gateway Project 110,265 110,265 ~ I, ENGRO7007 Fargo Ave. /DYouvi[!e College Streetscape 87,638 97,638 ENGR07011 Scajacquada Creek Dredging 267,500 $267,500 � ENGR07008 cazenovia Creek Slope Walls & Infrastructure 374,500 $374,500 ENGR07012 Emergency Bridge Repairs 535,000 ENGRO8001 Pearl Street Conversion 535,000 535,000 1,765,500 $535,000 $1,765,500 53a,00� 535,0 535,OG 1,765,5W� 1,765,500; - ENGRC &002 Humboldt Parkway Streetscape 802,500 802,500 1 1 ENGR09COl South Park Ave Resurfacing and Streetscape 124,227 Improvements 124,227 _ ENGRO9002 Fillmofe Ave Resurfacing and Streetscape 85,600 lmpravements 85, 600 ENGR09003 5eneca Street Streetscape improvements 500,000 500,000 �Ca EDP1 Dept INSP08401 DEMOLITION OF BUILOINGSSTRUCTURES 2,351,179 1,179 2,535,0001 $2,535,000 2,535 GQO,GGv ti 2009 Mayor's Recommended Capital Budget 2009 Capital Improvement Budget �i May Rec ommended Capital Improvement Program -- - rerryrn� -� Recommended Capital Improvement Program Common Council Revisions Common Council Revised Program Recommended Capital Improvement Program Common Council Revisions Common Council Revised Program pora Recommended Capital Improvement Program Recommended Capital Improvement Program Recommended Capital Improvement Program Project 2009 2009 i 2009 2010 2010 2010 2011 2012 2013 Kleinhans Music Hall KMH07001 Kleinhans - Recenstruct Air Conditioning System 1,770,000 $1,770,400 KMHO9001 HVAC Chiller Repiacement 775,750 $775,750 Office of Strategic Plannin _ OSP08002 Planning Neighborhood Infrastructure DPW - Parks 1,070,000 51,070,OOfl 1,070,000 7,070,000 1,070,GO t -- DCCM0919 City Wde - Reconstruction of Olmsted /City Parks Sy stem 1,345,818 $1,345,819 Martin Luther King Jr. Park Wading Pool 2,033,0017 2,033,000 — Lasalle Park/Dog Park 26,750 26,750 —� 1 Lasalle Park Shelter House 32,100 32,100 Lasalle Park Centennial PoollSpiash Pad Riverside Park Lighting and Field Improvements 53,504 53,500 53,5 53,51 Shoshone Park Field and Pool Improvements 26,750 26,750• Johnny B Wiley Sports Complex Roof 8, Structural Repairs 53,500 55,500 -- City -wide Parks - Emergency Repairs 509,0921 509,092 PRKS06002 Citywide Parks Improvements 1 642,000 $642,000 642,000 642,000 642,OOt� DPW - Streets STRT08002 Streets Vehicles 500,000 500,000 850,000 $850,000 850,0001 850,000 850,O0G TOTAL - CITY OF BUFFALO 521,500,000 $0 $21,500,000 $22,290,688 x365,000 $22,655,688 $18,555,0881 $15,718,421 $1 (,329,1 COMPTROLLER'S CAP - CITY OF BUFFALO $21,500,000 GRAND TOTAL $26,600,000 $0 $26,600,000 522,290,688 ;365,000 $22,655 $18,555,088 $15,71a.4211 $11,329,1551 COMPTROLLER'S CAP - GRAND TOTAL $26,600,0001 1 – _ 3of3, i2i1512JC ^8} ��'-� Cq- �)\ 0 �Y\ ck- 4t lot P6 P� O'Ke IIJ . *AYE - * NO DAVIS * �° EMANA FRAN= KEARNS Locum RUSSELL` SMITH * _ [_ .,_ -------- ) [MAJ- 5] [ 213 - 6 [ 3/4 - 7 * * * V O *AYE* NO * PAYIS * ° ERANCZYK, KEARNS * *` LogBm MSELL SMITH '� [MAT- 51 * 0: [213 - fi] [3/4 - 71 3 _ c k w . *AYE* p DA,VIS # ERA N= S w Is L . SM H [[MAJ- 51 * * 0. * ' [ 2/3 -' 6 � [314 . 71 w *AYE* NO * PAIMS FRANCZYK * * KEARN RDM RMSELL [---- - - - - -- - -] [ (MAJ- 5] - [y3 w 5] [3/4 r 71 -o fj p A o() 'l--ti; _ f A -t, . *AYE* �,,, a FRANCZYK * *. _ LO CTR TO PASSED ** SMITH [-------- - - - -w) [ MAJ- 5 ] * 9 0. * - [2l3 - 6) [314 - 71 No. On a motion by Councilmember Adjournment fib.. ,Seconded by the Council adjourned at o, ( P 055c Wilmer Olivencia Jr. ACTING CITY CLERK l *lat(ar O \ CK *1*1* 1 t t E U *lat(ar O \ CK *1*1* 1 t t E )—, 65 NIAGARA SQUARE i3i5 G 1'Y HALL / - BUFFALO, NY 14202 -3318 �l (716) 851 4138 }'AX: (71.6) 851 -4869 AVID . FRANC YK 1 111aik PltE SIDBNT ci fraticzyk(?city- biiffalo.coin FILLMC)Rl DISMICT OF7ltG City of Buffalo Website: COUNCIL, MIENIBE"N BUFFALO COMMON COUNCIL Www.city- buffalo.coni December I5, 2008 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated December 15, 2008 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on December 16, 2008 at 1:45 P.M. for the following puposes: To receive and take appropriate action on : All Items Relating To I . Claims Committee Agenda Yours very truly, )avid A. Franczyk President of the Council December 15, 2008 Han. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 39 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All items pertaining to 1. Claims Committee Agenda We request that this Special Meeting be held on December 16, 2008 at 1:45 PM. OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics WILMER OLIVENCIA, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics Registrar of Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 December 15, 2008 TO EACH. MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmernbers, dated March 25, 2008, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Tuesday December 16, 2008 at 1:45 P.M. for the following purpose: To receive and take appropriate action on all items relating to I . Claims Committee Agenda Yours very truly, Wilmer OliveN Deputy City Clei Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: BRIAN DAVIS JOSEPH GOLOMBEK MICHAEL LOCURTO BONNIE E. RUSSELL RICHARD ItONTANA MICHAEL P. K.EARNS DAVID A. RIVERA DEMONS SMITH hereby states that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on December 16, 2008 at 1:45 P.M. COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 15th day of December, 2008 before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same A ,A , Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/3 1/08 STATE OF NEW YORK Special Claims Meeting Hon. David A. Rivera, Chairperson Personal In' ur A. 1. John Butler $ 3,500.00 A. 2. Ulysses Foster $25,000.00 A. 3. Patricia Pabon $75,000.00 A. 4. Kelly Wegryzn $ 3,000.00 A. 5. Deborah Allen $35,000.00 A. 6, Ida DiPalma $ 4,200.00 A. 7. Dennis D'Auria $30,000.00 Property Damage B. 1. Kelly Basile $ 449.79 B 2. Briget Brown $ 546.44 B 1 Richard Fininzio $ 37.00 .B. 4. First Niagara Bank $5,700.00 B. 5. Melissa Gokey $ 179.43 B. 6. James Greenberg $2,000.00 B. 7. Concetta Grieco $1,275.64 B. 8. Mary Harrison $2,985.50 B. 9. Gerald Komorowski $ 138.00 B. 10. Pat Laity $ 175.00 B. 11. Deborah Lipinski $ 723.00 B. 12. Calvin Peyton $ 3,270.00 B. 13. David Sawicki $ 369.74 M 14. Dashawn Stroud $ 457.30 B. 15. Suzanne Todaro $ 140.00 Miscellaneous Invoices C. 1. Air Cleaning Systems $ 482.35 C. 2. Bluepay Inc. $ 317.14 C. 3. Buffalo OccMed LLC $ 95,359.39 C. 4. Buffalo Police Benevolent Assn. $ 6,922.50 C. 5. Coventry WC Services $ 69,066.06 C. 6. Drea eo Development Corp. $ 34,545.16 C. 7. Niagara Frontier Trans Authority $ 4,249.98 C. 8. Xerographic Solutions $ 1,242.00 C. 9. Xerox Corporation $ 4,60831 REFERRED "V -1E COMMITTEE ON CLAIMS, 0 FI 11 Adjournment On a Motion by Mr. Fontana Seconded by Mr. Rivera The Council adjourned at V' Wilmer Olivencia, Jr Deputy City Clerk