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HomeMy WebLinkAbout08-1125CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, Novemeer 25, 2008 AT 2:00 P.M. Present— David A. Franczyk, President of the Council, and Councilmembers: Davis, Fontana, Golombek, Kearns, LoCurto,, Russell & Smith -,9-, Absent - NQa.e_ { 0 �e t On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on November 12, 2008 were approved. *AY, -* NO * [-------- - ----� [ MAJ - 5 ] [ 213 - 6 ] [314- 7] DAVIS FONTANA * FRANCZYK * * GOLOMBEK * * /* * KEARNS * LOCURTO RIVERA RUSSELL � * SMITH * * * 0 Nov 25, 2008 FROM THE MAYOR Nov 25, 2008 City Clerk's Department BUFFALO November 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. 1 PASSED November 25, 2008 Labor Contract Settlement for Local 264 Gerald A Chwalinski City Clerk Ar P t-1, �I SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 11/20/2008 FROM: DEPARTMENT: Executive Department SUBJECT: [:Labor Contract Settlement for Local 264 G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx C.C.P. xx /xx/xx) I hereby submit for Your Honorable Body's consideration and approval the attached contract with AFSCME Local 264, which has been agreed to by the Union Leadership and duly ratified by its membership after lengthy negotiations by all parties. This nine year contract provides for a $1,350 increase in salary beginning July 1, 2007, a 3.1% increase and $1,400 increase ,July 1, 2008, a 4.1% increase July 1, 2009 and a 4.15% increase July 1, 2010. The Union will receive increased auto allowance to $18 per day, increased Medical in Lieu payments and all employees will be put at the step they should have been absent the wage freeze, July 1, 2007. We anticipate that the contract will save money through 2011. Current employees will move to the Blue Cross /Blue Shield Traditional POS 204 Health Plan and new employees will pay a contribution to their health care. Employees will give up one personal leave day and their daily wash up time. The union has withdrawn claims on all litigation. The Contract has additional management rights with respect to drug testing , employee handbook, vesting of retirement health care and creation of additional pay steps for new employees. In addition, all new employees must maintain their residence and domicile in the City of Buffalo, including the Sanitation workers who are currently exempt from this provision. I urge Your Honorable Body to approve this contract at your earliest opportunity SIGNATURE C , f , DEPARTMENT TITLE: Byron . Brown Mayor P 3 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BUFFALO AND AFSCME, LOCAL 264, AFL -CIO, CLC This Agreement shall be effective as of the first day of July 2002, and shall remain in full force and effect until the thirtieth day of June 2011. It shall be automatically renewed from year to year thereafter unless either party shall notify the other, in writing, at feast one hundred fifty (150) days prior to the termination date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin not later than one hundred twenty (120) days prior to the termination date. This Agreement shall remain in full force and effect during the period of negotiations. IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION AND APPROVAL BY THE BUFFALO FISCAL STABILITY AUTHORITY TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFOR, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL. IT IS EXPRESSLY UNDERSTOOD THAT NO PROVISION OF THIS AGREEMENT, INCLUDING THOSE ITEMS CONTAINED IN DOCUMENTS INCORPORATED BY REFERENCE HEREIN, WHETHER IN WHOLE OR IN PART, SHALL BE ENACTED PRIOR TO THE UNDERTAKING BY THE BFSA OFTHE NECESSARY LEGISLATIVE ACTION AND APPROVAL BY THE BFSA PERMITTING IMPLEMENTATION BY AMENDMENT OF LAW, OR BY PROVISION OF ADDITIONAL FUNDS THEREFOR, REQUIRED TO ENACT ANY AND ALL OF THE DISCREET PROVISIONS OF THIS AGREEMENT, IN WITNESS WHEREOF, the parties mutually set their hands to this agreement on the leday of November, 2008. FOR AFSCME, L.ccal 264 FOR THE CITY OF BUFFALO President Vice President Co missioner, Admin & Finance, Policy and Urban Affairs - Treasurer Gr oner, P orks Mea otiating Committee member t4missioner, Human Resources Ll z V� N otiakin Committee member Qiraector Budget _ Yg otial - gg Committee member Administrator Publi orks N otiatin Comm member Director Lhor Relation As to form: Negotiating Committee member ( — Corporatio n Counsel Negotiating Committee member Negotiating Negotiadng Committee member ,Negotiating , Negobating Committee member Negotiating Negobatng Committee member .Negotiating . Negobafing Committee member Negotiating Negofiating Committee member 31/3,8/2008 Chy of Buffalo and AFSCME Loaf 264 Lssue Status Wages and Step ins - effective 7/1/€37 employees placed on step they would have achieved during freeze; subject to Onion withdrawal of Tentative steps litigation Agreement Medical Current employees move to the 204 plan with a 105>;1i} account funded by 50 0 /6 of difference between 201 and 204. Plant 201 available Tentative Coverage to employees who pay the difference. No 105(H) in retirement Agreement and Dental Coverage Option for current employees to select 201 plan at retiremeat until 6/3012020 at no cost, then 20k Future retirees subject to some Tentative payment terms as when they retired Agreement The Union recognizes and agrees that the City may be able to achieve more competitive haft care rates by bidding out contracts, so long as the benefit levels are identical to the benefits eurr Oy in place, with alternate health care carries for alternate medical irtsurance coverage. Upon request, annually, the City agrees that it will meet and confer with the Union regarding proposals that have been renewed before malting any changes to the cmiier. The Union may submit a shared- savings proposal and the City will bargain to agreest ml or impasse on any distribution of cost savings. Failure to agree on a formula for shared savings will be subject to impasse Tentative procedures. Agreement Tentative Redree Vesting for Retiree Medical Benefits: after 10 yrs- retiree pay 20% of City's portion; after 15 yrs-retiree pay 10 2 /6 of City's portion; Tentative Medical after 20 yes- retiree pay 0% of Citys portion.. Calculation occurs after any other rrtirre contribution that may be required. Agreement City may offer, at its option, senior care product far retsrees. Surviving spouse option to buy into City plait for medical and dental at no cost to City. The City of Buffalo will contribute toward the health insurance cost for any retiree who purchases health care coverage Tentative outside the area, up to the cost the City would have crd= wise contributed for local coverage in Western New York Agreenic at Current employees who retire following ratification and approvals enroll at own cost for Medicare Part B and Union withdraw, with Tentative Tentative Paid Time Off Personal leave - reduce by one day for all employees elrectivc 711/09 Agreement Tentative Eliminate d wash up ticae ent Public Safety Dispatcers — effective July 1. 2007. from Labor Grade 36 to Labor Grade 15; Dag Control Offtc= — effective July 1, Tentative — IIpjELdS 2007. from Labor Grade 10 to Labor Grade 13" City to issue, and provide training for, standard firearm for DCOs A t Summary of Agreement 1111=D a Each employee who is not provided with a work uniform at any time during a calendar year ahafl receive a severity- -five- dollar (S75.00) Tentative Vouchers clothing allowance voucher annuially to be used at Ci vendors. Agmemunt Drug and AM employees will be subject to testing in accordance with the U.S. Department of Transportation Federal Motor Carrier Safety Alcohol Administration Drug and Alcohol Testing proaedrcs: (Appendix A). Directors and administrausrs will be trained in the area of DOT Tentative Testing test administration. Testing pm=xhm WM be& 60 days after ratification and final Omval of this agr AL eement reemerit Probationary Period: Every appointment, permanent in claracter, froth an open competitive list, shalt be for a probationary team of tot Tentative Probation less am two 2I months and not more than 12 months, in accordance with the rules of the Municipal Civil Service Commission t Tentative Handbook Per edits. My of Buffalo and AFSCME Local 264 Auto Increase mileage rare to S 3 8/flrll day, $9/half day. The City reserves the right to identi fy titles that will be assigned City vehicles on a Tentative Allowance take basis. Use of a City vehicle, at any time, is restricted to official business use Agreement Pending Union Tentative New Hire Yrs of Setvice; RatrlMo; RatelYr.: Max Bank Unused Vae Terms 1 -5 yrs; 6 213 brs; 10 days; 20 days of €ft&e 6-15 yrs; I0 his; 15 days, 30 days Tentative VI/09 16 yrs +; 13 V3 hrs-. 20 days; 40 days Agro mcnt Contnbution to health care: Effective at ratification and approval, annual contribution for Single $170, for Family $470 family; Tentative contributions to increase armually over life of contract at same % increase as medical carrier rates increase Agreement For employees whose hire date is after December 31, 290$, residence and domicile within City boundary is required. Violations of residency and domicile requirement will resuh in diseiplmary charges brought pursuant to Section 75 of the Civil Service law for termination. Members waive the applicability of any Federal, State, local law, court decision or ruling that may permit or restrict City Tentative residency Or dnmiCile. . . Agreement New employees reach top ofgradc in seven (7) steps. (currently 5 steps) (First year and second year 60°A, third year 65%, fourth year Tentative 70 %, filth year 75 %, sixth y= 85 %, seventh year and thesea#ta 100 %. Agreement WAGES Wages; City: 2002 0 %; 2003 Wo; 2004 Vla; 2005 OYa; 2006 0 2007 $1350 11% than 3 1400; 2009 4.1 %; 201 0 4.15% 20% Summary of Agreements ti MEMORANDUM OF AGREEMENT_ BETWEEN THE CITY OF BUFFALO AND AFSCME, LOCAL 264, AFL -CIO WHEREAS, AFSCME, local 264 (hereinafter "the Union"} Is a party to litigation filed in U. 'S: District Court (WDNY), New York State Supreme Court, and improper practice and arbitration proceedings under the Employment Relations Board in connection with various claims against the City of Buffalo (hereinafter "the City'). The City and the Union may be referred to herein as the "Parties"); and WHEREAS, the City has raised those Issues in connection with the Parties` negotiations for a successor collective negotiations agreement and desires to resolve all outstanding litigation through the process of collective negotiations.and _ WHEREAS, the Parties hAve so engaged in collective negotiations in connection with the terms and conditions of employment and in anticipation of reaching a successor agreement for the period effective July 1, 2002 through June 30, 2011; and WHEREAS, the Union agrees to accept the terms contained In the Parties' agreement in full satisfaction of all claims asserted, or which could have been asserted in the lawsuit, grievances, arbitrations and PERB proceedings as set forth herein; THEREFORE, for good and valuable consideration, the acceptance and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. The Union hereby releases each and every claim that was asserted or which could have been asserted, in the fallowing lawsuits and also agrees that it will discontinue with prejudice as a party - -, -. (or intervenor) in said lawsuits, and notproceed with pending or further appeals in connection with said lawsuits: Index Caption issue W.D.N.Y. Index No. 04- AFSCME, Local 264 et al., v. Tobe et Wage Freeze CV-075M(F) al. NY: Index No. 2008- AFSCME, Local 264, et al. v. City of Take Home Cars 8266/08 and related Buffalo, et al. arbitration 2. The Union - hereby agrees that has previously withdrawn and released, 6r'does now withdraw and release, each and every claim that was asserted, or could have been asserted, in the following grievances, arbitrations and PERK, proceedings and also agrees that it will withdraw from said matters, with prejudice and without precedent as to future matters: 1 �r Index t \ � PERB A2008-262 Job Reevaluation PERB A20ON76 Staffin PERB A2008-077 Staffin �r Index Descri Lion PERB A2008-263 Crew Size PERB A2008-262 Job Reevaluation PERB A20ON76 Staffin PERB A2008-077 Staffin PERB A2008-078 - uspatching duties IP U -27356 Drug Testin IP U -28038 HEO subcontractin IP U -28067 Drug Testin IP U -28309 Seasonals schedule IP U -28508 Take Home Cars CB -03-07 Coin collectors CB -06-07* Medicare Part B CB -10-07 Dis atcher Biddin CB -13-07 Parking meter CB -14 -07 Auto Pound CB- 16.07. Step Increases du ring w e freeze CB -18-07 Harassment and OT oppoitunities CB -21-07 Street Worker staffin CB -22-07 I Workers Com differential CB -24 -07 1st shift OT CB -26 -07 1e shift starting time CB -28 -07 Upgrade CB -29 -07 Sus ension CB -30-07 OT CB -03-08 Staffin CB4U8 Staffin CB -05-08 Dispatchin Ct3 -06-08 Seasonal truck driver CB- 07-08 Working down in title CB -09 -08 Leave banks CB -10-08 Take Home Vehicles *withdraws on behalf of active employees only. Regarding retirees, the Union will not pursue said g 6evance further. 3. To the extent that the Union is a party to any litigation, action, charge, grievance, proceeding, improper practice charge, demand for arbitration or pending arbitration proceeding fried prior to the date of execution of this.agreement that is not listed above, the Uniori'hereby releases any claims asserted, or which could have been asserted (except far CB -11 -08 and CB- 12-08) in any such matters and agrees to discontinue as a party to any such matters (except for CB -11-08 and CB -12- 08) with prejudice without precedent as to future matters. 2 } r 4. With regard to the matters addressed in Paragraphs 1 and 2, above, the Union agrees not to file or commence any similar litigation, grievances, charges, actions, arbitrations or pr�eedings In the future relating to any circumstances known to Local'264 that existed on or before the execution date of this settlement memorandum. However, regarding similar matters that occur in the future, the Union reserves its rights. 5. The parties hereby agree that, with respect to the Fact - Finding matter M.2003 -042) currently pending with PERB, the Parties further agree that the wage increased contained in the Parties' agreement constitute satisfaction of any claim the Union may make for wage increases beginning 2003 and 2004. Specifically, the Union and its members shall have no right to wage increases or retroactive wage payments of any kind, regardless of the purported source of such increases and/or payments, for the period July t, 2002 through and including June 30, 2007. 6. Upon agreement by the parties, this document will serve as Local 264's consent to the f discontinuance of these matters in Paragraphs 1 and 2, above. The Union and its President Bill Travis further agree that they will take all additional steps necessary to implement the terms of the disposition of those matters. 7. This Memorandum of Agreement shall be deemed to be included as a component of the Parties' . tentative agreement for a successor collective negotiations agreement for the period July 1, 2002 through June 30, 2011. 8. This agreement will be incorporated into the parties' collective bargaining agreement and is subject to ratification by the Union membership and BFSA approval. Dated: November 14, 2008 For the City: For Local 264: Alisa Lukasiewicz, Co oration Coun BI [I Travis, P sident Fd the Union. Ye A ambino, Es . Counsel tot a Union STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE Application of William Travis as President Of AFSCME Local 264, AFL -CIO Petitioner, Vs. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. STIPULATION OF DISCONTINUANCE Index No. 008266/08 Hon. Timothy J. Drury IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November _ f 2008 FOR THE CITY OF BUFFALO FOR LOCAL 264: By: _ BY: lisa A. Lukasiewicz William Travis, President orporation C" unsel r t FOR T : UNION: B: Y Jerry Gambino, Esq. Co bI to the Union NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD AFSCME Local 254, .AFL -CIO Petitioner, STIPULATION OF DISCONTINUANCE VS. IP.0 -28038 City of Buffalo 65 Niagara. Square, 2nd Floor Buffalo, New York, 14202 Respondents. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infarct or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without casts to any party as against another. This stipulation may be filed without, further notice with the Clerk of the Court. DATER: Buffalo, New York November _ d , 2008 FOR THE CITY OF BUFFALO By: _ Alisa A. Lukasiewicz Corporation Counsel FOR WE ION: By: ; FOR LOCAL 254: BY: William Travis, resident Jerry A Gambino, Esq, Counse to the Union 1.J NEVI YORK STATE PUBIC EMPLOYMENT RELATIONS BOARD AFSCME Local 264, AFL -CIO Petitioner, vs, City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. STIPULATION OF DISCONTINUANCE IP U -27356 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November _LL_, 2048 FOR THE CITY OF BUFFALO By: Gam' Alisa A. Luk ewiez C, Corporation Csel FOR By: Y; l „ 3erry ° . Gambino, Es CounM1 to the Union FOR LOCAL 264: BY: *Wilarn Travis, President l: NEW YORK STATE PUBIC EMPLOYMENT RELATIONS BOARD AFSCME Local 264, AFL -CIO Petitioner, STIPULATION OF DISCONTINUANCE vs. I IP U -28067 City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above- entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November _ t 2005 FOR THE CITY OF BUFFALO By: (� Alisa A. Lukasiei Corporation Coui FOR By: Jerry A' Gambino, Esq. Coune to the Union FOR LOCAL 264: BY: _ William Travis, fresident NEW YORK STATE PUBIC EMPLOYMENT RELATIONS BOARD AFSCME Local 264, AFL -CIO Petitioner, vs. City of Buffalo 65 Niagara Square, 2nd Floor Rn#fAlo, N€w York, 14 Respondents. STIPULATION OF DISCONTINUANCE IP U -28309 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED. Buffalo, New York November Pt , 2008 FOR THE CITY OF BUFFALO By: _ (�a Alisa A. Lukasiewicz Corporation Counsel By: 1 , VU Je4 A. Gambino, Esq. Couhsel to the Uni FOR LOCAL 264: BY: _ illiam Travis, President t `; \J NEW YORK STATE PUBIC EMPLOYMENT RELATIONS BOARD AFSCME Local 264, AFL -CIO Petitioner, vs. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. STIPULATION OF DISCONTINUANCE IP U -28508 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and not person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November , 2048 FOR THE CITY OF BUFFALO By: l Alisa A. Lukasiewic: Counsel FO . Corporatio E UNI` N: By: 1 t FOR LOCAL 264: BY: William Travis, President Gambino, Esq. to the Union 11� NEW YORK STATE PUBIC EMPLOYMENT RELATIONS BOARD AFSCME Local 264, AFL -CIO Petitioner, STIPULATION OF DISCONTINUANCE VS. PERK A2008 -076 City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with ,prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November L i 2008 FOR THE CI'T'Y OF BUFFALO FOR LOCAL 264: By: 'z? BY: Alisa A. Lukasiewkz William Travis, President •• E MUMEN By: \' ' l Jerry Gambino, Esq. Couns 1 to the Union NEW YORK STATE PUBIC EMPLOYMENT RELATIONS BOARD AFSCME Local 264, AFL -CIO Petitioner, vs. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. STIPULATION OF DISCONTINUANCE PERB A2008 -077 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no patty hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above- entitled.action and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November _ 2008 FOR TIME CITY OF BUFFALO wom, Alisa A. LukasiW Corporation cot*' pli i11, 813 By: ' " 0 Jerr A. Gambino, Esq. Co el to the Union FOR LOCAL 264: BY: -Al / A William Travis, Viesident NEW YORK STATE PUBIC EMPLOYMENT RELATIONS BOARD AFSCME Local 264, AFL -CIO Petitioner, STIPULATION OF DISCONTINUANCE VS. PERB A2008 -078 City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk.of the Court. DATED: Buffalo, New York November. 2008 FOR THE CITY OF BUFFALO FOR LOCAL 264: By: (�� BY:/ Alisa A. Lukasiewic� William Travis, President FOR \TIE UNIT: Je A. Gambino, Esq. Couel to the Union lu NEW YORK STATE PUBIC EMPLOYMENT RELATIONS BOARD AFSCME Local 264, AFL -CIO Petitioner, V3. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. STIPULATION OF DISCONTINUANCE PERB A20€18 -262 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above-entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November IT T , 2008 FOR THE CITY OF BUFFALO By: Alisa A. Lukasiewicz �X Comoration Counsel FOR By _ V' V it `-' Je ' A. Gambino, Esq. Ca el to the Union FOR LOCAL 264: William T t NEW YORK STATE PUBIC EMPLOYMENT RELATIONS BOARD AFSCME Local 264, AFL -CIO Petitioner, STIPULATION OF DISCONTINUANCE VS. PERB A2008 -263 City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a }warty has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be fled without further notice with the Clerk of the Court. DATED: Buffalo, New York November 'V _ ' 2008 FOR THE CITE' OF BUFFALO FOR LOCAL 264: F By: E BY: Alisa A. Lukasiewi z wil iam Travis, President Corporation Coups FOR IO By: Jerry ambino, Esq. Co l to the Union 1_/ �g IN THE GRIEVANCE MATTER AFSCME Local 264, AFL -CIO Petitioner, Vs. C ity of Buffalo 65 Niagara Square, 2nd Floor BuMo, New York, 14242 Respondents. STIPULATION OF DISCONTINUANCE CB -03 -07 IT IS 14ER.EBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whore a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without casts to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November 1 a , 2008 FOR THE CITY OF BUFFALO By: � - 6'� Alisa A. Lukasiem i Corporati . n Coun FOR TkIE UNION: FOR LOCAL 264: BY: 7t Se A N �s �°/!rG �. / .:wry t e By: Jerry ' . Gambino, Esq. CounAel to the Union �r V IN THE GRIEVANCE MATTER AFSCME Local 264, AFL -CIO Petitioner, VS. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. STIPULATION OF DISCONTINUANCE CB -06 -07 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as_.R V11. ma be filed without furthe notice with the Clerk of the Court. ' agaanst anoth su er, T#ys p y DATED: Buffalo, New York > November 111 2005 A N , � FOR THE CITY OF BUFFALO Bye Alisa A. Lukasiewicz Corporation Cgunsel THE UNION: FOR LOCAL 264: BY: A President By: � N v Jei A. Gambino, Esq. Co ur gel to the Union t V IN THE GRIEVANCE MATTER AFSCME Loa 264, AFL -CIO Petitioner, VS. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. STIPULATION OF DISCONTINUANCE CB -10 -07 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above- entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November /, 2008 FOR THE CITY OF BUFFALO By. Alisa A. Lukasiewicz: Corporation Counsel FOR THE 10 1T. B re A. Gambino, Esq. Co } el to the Union FOR LOCAL 264: B Y : �� 4 iam Travis, resident i IN THE GRIEVANCE MATTER AFSCME Local 264, AFL -CIO Petitioner, W.f City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. STIPULATION OF DISCONTINUANCE CB -13 -07 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor persona not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November _16 2008 FOR THE CITY OF BUFFALO By: C , Alisa A. Lukasiewicz Corporation Counsel' FOR Jerry Gambino, Esq. to the Union FOR LOCAL 264: BY= illiam Travis, President v_(r IN THE GRIEVANCE MATTER AFSCME Local 264, AFL -CIO Petitioner, vs. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. STIPULATION OF DISCONTINUANCE IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the saute hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED. Buffalo, New York November 19 2008 FOR THE CITY OF BUFFALO By: (_�� 4�� Alisa A. Lukasiewicz t Corporation Counsel FO t THE LTMON: By. 3e , . Gambino, Esq. Couns to the Union FOR LOCAL 264: B1': 44& illiam Travis, resident IN THE GRIEVANCE MATTER AF'SCME Local 264, AFL -CIO Petitioner, Vs. City of Buffalo . 65 Niagara Square, 2nd Floor Buffalo, New York, 14242 Respondents. STIPULATION OF DISCONTINUANCE CB -16 -07 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has art interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another, This stipulation may be filed without farther notice with the Clerk of the Court. DATED: Buffalo, New York November lL , 2008 FOR THE CITY OF BUFFALO By: Alisa A. Lukasiewicz Corporation Counsel FOR THE UNIONk 1 1 By: , Je A. Gambino, Esq. Coup el to the Union FOR LOCAL 264: BY: . William Travis, President IN THE GRIEVANCE MATTER AFSCME Local 264, AFL -CIO Petitioner, STIPULATION OF DISCONTINUANCE vs. CB -18 -07 City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above- entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November , 2008 FOR THE CITY OF BUFFALO By: ( -", 2,e. Alisa A. Lukasiewicz Corporation Counsel FORT lffitUN101 ,. ti By: . -. J Gambino, Esq. to the Union FOR LOCAL 264: BY: 4 1 i lli res ident IN THE GRIEVANCE MATTER AFSCME Local 264, AFL, -CIO Petitioner, vs. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. STIPULATION OF DISCONTINUANCE CB -21 -07 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above- entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has are interest in the subject matter of this action, the above - entitled action be, and the sane hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November 6, 2408 FOR nIE CITY OF BUFFALO By: lira A. L ewicz a Corporation Cp el FOR LOCAL 264: BY: &94 4az William Travis, President Jerry 8.. Gambino, Esq. Counseko the Union ibl IN THE GRIEVANCE MATTER AFSCME Local 264, AFL -CIO Petitioner, VS. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. STIPULATION OF DISCONTINUANCE CB -22 -07 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED. Buffalo, New York November 19 2008 FOR THE CITY OF BUFFALO By: Alisa A. Lukasiewi z Corpor4tion Counse FOR' - I By. JerryO Gambino, Esq. Counsel to the Union FOR LOCAL 264: BY: William Travis, resident IN THE GRIEVANCE MATTER AFSCME Local 264, AFL -CIO Petitioner, VS. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. STIPULATION OF DISCONTINUANCE CB -24 -07 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November _ , 2008 FOR THE CITY OF BUFFALO By: Alisa A_ Lukasiewicz / Corvoration Counsel By: _ k 11 N N Jerry.. Gambino, Esq. CounsW to the Union FOR LOCAL 264: BY: - ... William Travis, President IN THE GRIEVANCE MATTER AFSCME Local 264, AFL: -CIO Petitioner, V S. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. STIPULATION OF DISCONTINUANCE CB -26 -07 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above- entitled action, that, whereas no party hereto is an infarct or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November 19 2008 FOR THE CITY OF BUFFALO By: �'� c -� Alisa A. Lukasiewicz r Corporati \nC `. FORT E 1 Jerry` . Gambino, Esq. Counsh to the Union FOR LOCAL 264: BY: William Travis, President IN THE GRIEVANCE MATTER AFSCME Local 264, AFL -CIO Petitioner, VS. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. STIPULATION OF DISCONTINUANCE CB -28 -07 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be tiled without further notice with the Clerk of the Court. DATED: Buffalo, New York November J , 2008 FOR THE CITY OF BUFFALO FOR LOCAL By: .u� BY: Alisa A. Lukasiewicz -Wiifi Corporat`on Counsel Sf FOR Hi�U O 1264: k By: _ 4 Je A. Gambino, Esq. CoQ §el to the Union IN THE GRIEVANCE MATTER AFSCME Local 264, AFL -CIO Petitioner, STIPULATION OF DISCONTINUANCE VS. CB -29 -07 City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November? 2008 FOR THE CITY OF BUFFALO By: c Alisa A. Lukasiewicz Corporation Counsel Ii ORNTHEsUNION: B e �d Y: ieirkkk. Gambino, Esq. Z Coun l to the Union FOR LOCAL 264: BY: s William Travis, resident IN THE GRIEVANCE MATTER AFSCME Local 264, AFL -CIO Petitioner, vs. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 . Respondents. STIPULATION OF DISCONTINUANCE CB -3007 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whore a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November f , 2008 FOR THE CITY OF BUFFALO By: Alisa A. Lukasie 'cz Corporation Counl By: a < a r % I y, Jerry 'A. Gambino, Esq. Couns to the Union FOR LOCAL 264: BY: William Travis, President IN THE GRIEVANCE MATTER AFSCME Local 264, AFL -CIO Petitioner, VS. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14242 Respondents. STIPULATION OF DISCONTINUANCE CB -03 -08 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above- entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above- entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November L " , 2408 FOR THE CITY OF BUFFALO By: Allsa A. Lukasiewicz l`o Corporation Counsel By: �\ \ Je �-Gambino, Esq. ['counsel to the Union FOR LOCAL 264: BY: William Travis, President � IN THE GRIEVANCE MATTER AFSCME Local 264, AFL -CIO Petitioner, VS. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14242 Respondents. STIPULATION OF DISCONTINUANCE IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above- entitled .action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above- entitled action be and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November I _ 2008 FOR THE CITY OF BUFFALO By: C_� Alisa A. L asiewicz Corporation Counsel t e", By: 0 `�1 -'J v i Jerry Gambino, Es Coun &to the Union FOR LOCAL 264: BY: William `Kravis, President IN THE GRIEVANCE MATTER AFSCME Local 264, AFL-CIO Petitioner, vs, City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202. Respondents. STIPULATION OF DISCONTINUANCE CB -05 -08 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record, for the parties.to the above - -entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the stone hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New rk November t , 2008 FOR WE CITY OF BUFFALO B Alisa A. Lukasie z Corporation Counse FOR n By: Jerry A Gambino, Esq. Counselkto the Union FOR LOCAL 254: BY: William Travis, President t IN THE GRIEVANCE MATTER AFSCME Local 264, AFL -CIO Petitioner, vs. Mayor Byron Brown; City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. STIPULATION OF DISCONTINUANCE CB -06 -08 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above- entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November t� 2006 FOR THE CITY OF BUFFALO By: Alisa A. Lukasiewicz\ Corporation Counsel By: Jerry Gambino, Esq. Counse o the Union FOR LOCAL 264: BY: ..� i President IN THE GRIEVANCE MATTER AFSCME Local 264, AFL -CIE] Petitioner, VS. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 Respondents. STIPULATION OF DISCONTINUANCE CB -07 -08 IT IS 14EREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infarct or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November .._.._� 2008 FOR THE CITY OF BUFFALO By: Alisa A. Lukasiewicz �O Corporation C�unsel By: FOR LOCAL. 264; BY `(J 4 Wi liam Travis, resident Jerry Gambino, Esq. Cc Se the Union IN THE GRIEVANCE MATTER AFSCME Local 264, AFL -CIO Petitioner, VS. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 1.4202 Respondents. STIPULATION OF DISCONTINUANCE CB -09 -08 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: But alo,. New ork November �� , 2009 FOR THE CITY OF BUFFALO By: ___(:��� Alisa A. Luk iewicz Corporation el By: \I v Jerry Gambino, Esq. Couns k to the Union FOR LOCAL 264: BY: William Travis, esident 4 IN THE GRIEVANCE MATTER AFSCME Local 264, AFL -CIO Petitioner, VS. City of Buffalo 65 Niagara Square, 2nd Floor Buffalo, New York, 14202 STIPULATION OF DISCONTINUANCE CB -10 -08 Respondents. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been - appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice, without costs to any party as against another. This stipulation may be filed without further notice with the Clerk of the Court. DATED: Buffalo, New York November T[g 2008 FOR THE CITY OF BUFFALO By: Alisa A. Lu4siewic Corporation' unse `s FORM UNION: FOR LOCAL 264: BY: l illiam Travis, President B \ Jerry ' Gambino, Esq. Counse kto the Union UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK AFSCME LOCAL 264, et al. Plaintiffs, V. U d STIPULATION OF c" DISCONTINUANCE -2 A Index Nof : 04-CV-0753S(F) Richard Tobe, et al. Defendants IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above - entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and nor person not a party has an interest in the subject matter of this action, the above - entitled action be, and the same hereby is discontinued, on the merits and with prejudice without costs to any party as against another This stipulation may be fded.without further notice with the Clerk of the Court. e� � `Q DATED: Buffalo, New York ' November _� 2008 FOR THE CITY OF BUFFALO FOR LOCAL 264: By: Alisa A. Lukasiewicz Corporation Couns t ' . FOWTHE L"ON: 'IT_ BY: i&mTra� P . t is vi resident By: ,\ I _ 1 J -- Je A. Gambino, Esq. Codasel to the Union U.S. Department of Transportation Federal Motor Carrier Safety Administration Drug and Alcoliol Testing AI.,COHOL AND DRUG RULES: AN OVERVIEW The following is a general overview of the Federal Motor Carrier Safety Administration's (FMCSA) alcohol and drug testing rules for persons required to obtain a commercial driver's license (CD.I,). 1'he information is intended to provide a general summary of the rules; it should not be relied upon to fulfill all legal requirements stipulated in the regulations. It does not contain many of the requirements or special circumstances detailed in the FMCSA and DOT rules. A. comprehensive list of the alcohol and drug testing rules published by the FMCSA and the DOT Office of the Secretary (OST) applicable to CDL drivers and their employers is available at the end of this document. WHAT ARE THE RULES? The I�MCSA regulations require alcohol and drug testing of drivers, who are required to have a CDL. The DOT rules include procedures for urine drug testing and breath alcohol testing. Urine drug testing rules were first issued in December 1989. In 1994, the rules were amended to add breath alcohol testing procedures. In the years following the implementation of the drug and alcohol testing requirements, a number of factors including changes in testing technology, and the issuance of a number of written interpretations, required OST to review and revise the rules. In December of 2000, OST published final rules that incorporated these factors, as well as input from the public sector, into the existing drug and alcohol testing regulations. in August of 2001, the FMCSA revised modal specific drug and alcohol testing regulations published in 49 Code of Federal regulations .Part 382 to reflect the revisions made by OST. WHO IS AFFECTED BY THESE RULES? The FMCSA rules apply to safety - sensitive employees, who operate commercial motor vehicles requiring a CDI_ Examples of drivers and employers that are subject to these rules are (the following does not represent a complete listing): Anyone who owns or leases commercial motor vehicles Anyone who assigns drivers to operate commercial motor vehicles Federal, State, and local governments For -1 lire Motor Carriers Private .Motor Carriers Civic Organizations (Disabled Veteran Transport, Boy /Girl Scouts, etc.) Churches WHAT ALCOHOL USE IS PROHIBITED? Alcohol is a legal substance, therefore, the rules define specific prohibited alcohol - related conduct. Performance of safety - sensitive functions is prohibited: • While using alcohol. • While having a breath alcohol concentration of 0.04 percent or greater as indicated by an alcohol breath test. • Within four hours after using alcohol. In addition, refusing to submit to an alcohol test or using alcohol within eight hours after an accident or until tested (for drivers required to be tested) are prohibited. WHAT ALCOHOL "TESTS ARE REQUIRED? The following alcohol tests are required: • Post - accident - conducted after accidents on drivers whose performance could have contributed to the accident (as determined by a citation for a moving traffic violation) and for all fatal accidents even if the driver is not cited for a moving traffic violation. • Reasonable suspicion - conducted when a trained supervisor or company official observes behavior or appearance that is characteristic of alcohol misuse. • Random - conducted on a random unannounced basis just before, during, or just after performance of safety- sensitive functions. • Return -to -duty and follow -up - conducted when an individual who has violated the prohibited alcohol conduct standards returns to performing safety - sensitive duties. Follow -up tests are unannounced. At least 6 tests must be conducted in the first 12 months after a driver returns to duty. Follow -up testing may be extended for up to 60 months following return to duty. HOW DOES RANDOM ALCOHOL TESTING WORK? Random alcohol testing must be conducted just before, during, or just after a driver's performance of safety- sensitive duties. The driver is randomly selected for testing from a "pool" of subject drivers. The testing dates and times are unannounced and are reasonably spread throughout the year. Each year, the number of random tests conducted by the employer must equal at least 10% of average number of driver positions subject to the regulations. HOW WILL ALCOHOL TESTING BE DONE? The rules allow for screening tests to be conducted using saliva devices or breath testing using evidential breath testing (EBB) and non - evidential breath testing devices approved by the National Highway Traffic Safety Administration (NFITSA). NHTSA periodically publishes a list of approved devices in the Federal Register. t Two tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first. Any result less than 0.02 alcohol concentration is considered a "negative" test. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted. The driver and the individual conducting the confirmation breath test {called a breath alcohol technician (BAT) complete the alcohol testing form to ensure that the results are properly recorded.. The confirmation test, if required, must be conducted using; an EBT that prints out the results, date and tune, a sequential test number, and the name and serial number of the EBT to ensure the reliability of the results. The confirmation test results determine any actions taken. Testing procedures that ensure accuracy, reliability and confidentiality of test results are outlined in the Part 40 rule. These procedures include training and proficiency requirements for the screening test technicians (S`fT'), breath alcohol technicians (BAT), quality assurance plans for the breath testing devices (including calibration requirements for a suitable test location), and protection of driver test records. WHO DOES THE TESTING? Employers are responsible for implementing; and conducting the testing; programs. They may do this using their own employees or contract services, or by joining; together in a consortium that provides services to all member companies. Law enforcement officers will not conduct the tests as part of roadside or other inspections. However, under certain. circumstances, post - accident tests conducted by law enforcement personnel will be acceptable. Any individual conducting the test must be trained to operate the EBT and be proficient in the breath testing procedures. WHAT ARE THE CONSEQUENCES OF ALCOHOL MISUSE? Drivers who engage in prohibited alcohol conduct must be immediately removed from safety - sensitive functions. Drivers who have engaged in alcohol misuse cannot return to safety- sensitive duties until they have been evaluated by a substance abuse professional and complied with any treatment recommendations to assist them with an alcohol problem. To further safeguard transportation safety, drivers who have any alcohol concentration (defined as 0.02 or greater) when tested just before, during or just after performing safety - sensitive functions must also be removed from performing such duties for 24 hours. If a driver's behavior or appearance suggests alcohol misuse, a reasonable suspicion alcohol test must be conducted. If a breath test cannot be administered, the driver must be removed from performing safety - sensitive duties for at least 24 hours. HOW WILL EMPLOYEES KNOW ABOUT THESE NEW RULES? Employers must provide detailed information about alcohol misuse, the employers' policy, the testing requirements, and how and where drivers can get help for alcohol abuse. Supervisors of safety- sensitive drivers must attend at Least one hour of training; on alcohol misuse symptoms and indicators used in malting determinations for reasonable suspicion testing. ARE EMPLOYEES ENTITLED TO REHABILITATION? ii s ; Ut Drivers who violate the alcohol misuse rules will be referred to a substance abuse professional for evaluation. Any treatment or rehabilitation would be provided in accordance with the employer's policy or labor /management agreements. The employer is not required under these rules to provide rehabilitation, pay for treatment, or reinstate the driver in his/her safety- sensitive position. Any employer who does decide to return a driver to safety- sensitive duties trust ensure that the driver: 1.) has been evaluated by a substance abuse professional; 2) has complied with any recommended treatment; 3) has taken a return -to -duty alcohol test (with a result less than 0.02); and 4) is subject to unannounced follow -up alcohol tests. HOW WILL THE FMCSA KNOW IF THESE RULES ARE BEING FOLLOWED? Employers are required to keep detailed records of their alcohol misuse prevention programs. The FMCSA will conduct inspections or audits of employers' programs. Additionally, selected employers will have to prepare annual calendar year surnmary reports for the FMCSA. 'These reports will be used to help monitor cornpliance and enforcement of the rules, as well as to provide data on the extent of alcohol misuse and the need for any future program and regulatory changes. ARE DRIVER ALCOHOL TESTING RECORDS CONFIDENTIAL? Yes. `Pest results and other confidential information may be released only to the employer and the substance abuse professional. Any other release of this information is only with the driver's written consent. If a driver initiates a grievance, hearing, lawsuit, or other action as a result of a violation of these rules, the employer may release relevant information to the decision maker. WILL FOREIGN OPERATORS HAVE TO COMPLY WITH THESE RULES? Yes. The FMCSA requires foreign motor carriers to comply with the alcohol rules when their drivers operate in the United States. WHAT ABOUT DRUG TES'T'ING? The drug; testing; rules cover the same drivers as the alcohol testing rules. The types of tests required are: pre - employment; reasonable suspicion; post- accident; random; return -to -duty; and follow -up. HOW IS DRUG TESTING DONE? Drug; testing is conducted by analyzing a driver's urine specimen. The analysis is performed at laboratories certified and monitored by the Department of Health and Fluman Services (DI-IH.S). The list of Dl -IIIS approved laboratories is published monthly in the Federal Register. The driver provides a urine specimen in a location that affords privacy and the "collector" seals and labels the specimen, completes a chain of custody document, and prepares the specimen and accompanying; paperwork for shipment to a drug - testing laboratory. The specimen collection procedures and chain of custody ensure that the specimen's security; proper identification and integrity are not compromised. The Omnibus Transportation Employee "Testing; Act of 1991 4 requires that drug testing procedures for commercial motor vehicle drivers include split specimen procedures. Each urine specimen is subdivided into two bottles labeled as a "primary" and a "split" specimen. Both bottles are sent to a laboratory. Only the primary specimen is opened and used for the urinalysis. The split specimen bottle remains sealed and is stored at the laboratory. If the analysis of the primary specimen confirms the presence of illegal, controlled substances, the driver has 72 hours to request the split specimen be sent to another DHI IS- certified laboratory for analysis. This split specimen procedure essentially provides the driver with an opportunity for a "second opinion ". WHAT DRUGS ARE TESTED FOR? All urine specimens are analyzed for the following drugs: I . Marijuana (`T IJC metabolite) 2. Cocaine 3. Amphetamines 4. Opiates (including heroin) 5. Phencyclidine (PCP) The testing is a. two -stage process. T" irst, a screening test is performed. If it is positive for one or more of the drugs, then a confirmation test is performed for each identified drug using state -of- the -art gas chromatography /mass spectrometry (GC /MS) analysis. GC/MS confirmation ensures that over - the - counter medications or preparations are not reported as positive results. WHO REVIEWS AND INTERPRETS THE LABORATORY RESULTS? All drug test results are reviewed and interpreted by a physician (Medical Review Officer (MRO)) before they arc reported to the employer: If the laboratory reports a positive result to the MRO, the MRO contacts the driver (in person or by telephone) and conducts an interview to determine if there is an alternative medical explanation for the drugs found in the driver's urine specimen. If the driver provides appropriate documentation and the MRO determines that it is legitimate medical use of the prohibited drug, the drug test result is reported as negative to the employer. WHAT DRUG USE IS PROHIBITED? The drug rules prohibit any unauthorized use of the controlled substances. Illicit use of drugs by safety - sensitive drivers is prohibited on or off duty. The T�MCSA has some additional rules that prohibit the use of legally prescribed controlled substances (such as barbiturates, amphetamines, morphine, etc.) by safety - sensitive drivers involved in interstate commerce. WHAT ARE THE CONSEQUENCES OF A POSITIVE DRUG TEST? A driver must be rernoved from safety - sensitive duty it he /she has a positive drug test result. The removal cannot take place until the MRO has interviewed the driver and determined that the positive drug test resulted from the unauthorized use of a controlled substance. A driver cannot f� be returned to safety- sensitive duties until he/she has been evaluated by a substance abuse professional, has complied with recommended rehabilitation, and has a negative result on a return -to -duty drug test. Follow -up testing, to monitor the driver's continued abstinence from drug use is also required. MOW DOES RANDOM DRUG TESTING WORK? Employers are responsible for conducting random, unannounced drug tests. The total number conducted each year must equal at least 50% of the safety- sensitive drivers. Some drivers may be tested more than once each year; some may not be tested at all depending on the random selection. Randorn testing for drags does not have to be conducted in immediate time proximity to performing safety- sensitive functions. Once notified of selection for testing, however, a driver trust proceed immediately to a collection site to accomplish the urine specimen collection. ARE EMPLOYEE EDUCATION AND TRAINING REQUIRED? Employers most provide information on drug use and treatment resources to safety - sensitive drivers. All supervisors and officials of businesses with safety - sensitive drivers must attend at least one hour of training on the signs and symptoms of drug abuse. 1"his training is necessary to assist supervisors and company officials in making appropriate determinations for reasonable suspicion testing. AIW,, DRIVER DRUG TESTING RECORDS CONFIDENTIAL? Yes. Driver drug testing results and records are maintained under strict confidentiality by the employer, the drug - testing laboratory, and the medical review officer. They cannot be released to others without the written consent of the driver. Exceptions to these confidentiality provisions are limited to a decision maker in arbitration, litigation or administrative proceedings arising from a positive drug test. Statistical records and reports are maintained by employers and drug testing laboratories. This in is aggregated data and is used to monitor compliance with the rules and to assess the effectiveness of the drug testing programs. WHERE CAN I GET MORE INFORMATION? ACCESS TO THE FMCSA WEBSITE: ww For assistance with the procedures of how to conduct an alcohol or drug test contained in 1 40, contact: Office of the Secretary of Transportation Office of Drug and Alcohol Program Compliance, Room 10317 400 Seventh Street, S.W. Washington, D.C. 20590 (202 )366 -3784 LISTS OF RULES PUBLISHED February 15, 1994 Part 11 Common Preamble; Limitation on Alcohol Use by Transportation Workers Part 111 Final Rule, Procedures for Transportation Workplace Drug and Alcohol Testing Programs Proposed Rule, Procedures for Transportation Workplace Drug and Alcohol "resting Programs Notice, Highway Safety Programs; Model Specifications for Screening Devices to Measure Alcohol in Bodily Fluids Part VII Final Rule; Controlled Substances & Alcohol. Use and Testing Other Important Documents Published in 1994: April 20, 1994 NHTSA Model Specs for E.BTs August 19, 1 994 DOT Final Rule - Technical amendments November 23, 1994 FMCSA Obsolete Regulations December 2, 1994 N1 =ITSA Model Specs Screening Devices December 2, 1994 Common DOT Rule Blood; Withdrawal December 2, 1994 Common DOT Rule Random Drug Testing December 16, 1994 NHTSA Correction Screening Devices December 29, 1994 NHTSA Model Specs Calibration Units 1995 Federal Register Publications March 13, 1995 FMCSA final Rule - .MIS Recordkeeping March 16, 1995 NHTSA Model Specs for EB'Ns April 19, 1995 DOT New Custody & Control Form April 20, 1995 DOT Rule - Non - Evidential Screeners May 10, 1995 Common DOT Rule: Pre- employment Alcohol September 22, 1995 FMCSA Foreign Applicability Final Rule 1996 Federal Register Publications March 8, 1996 FMCSA Technical Amendments 2000 Federal Register Publication December 1.9, 2000 Final Rule Procedures for Transportation Workplace Drug and Alcohol 'Nesting Programs 2001 Federal Register Publication 7 l; August 17, 2001 final Rule Controlled Substances and Alcohol Use and Testing Specific questions addressing any of this material may be directed to the FMCSA Division Office in your State. For a listing of telephone numbers, please click on the following link: ttl :f's �r C� ics .clot. c�yf4�1�oE t F 1111, /who we fig ` €�;(I c y ,ic lcic�i ' ,l ttn or call FMCSA's main number at 1 -800- 832 -5660. Mr. Fontana moved: I That the above communication from the Co117n11SS1oiler of Public Works, Parks and Streets dated November 20, 2008, be received amd riled; and That the Memorandum of Agreement between the A.F_S.C.M Local 264, for the contract }period July 1, 2007 through June 30, 2011; effective November 18, 2008, be and hereby is approved and ratified. Passed A `I'A i3: rm.v (:\wj)6 \mswordl:rmvlael1- 25a.doc 1 f � • V at in [ - L.A COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: November 24, 2008 FROM: DEPARTMENT: EXECUTIVE DIVISION: MAYOR SUBJECT: Renewal /Extension of Management Agreement between Zoological Society of Buffalo, Inc. (the "Zoological Society ") and City of Buffalo PRIOR COUNCIL, REERENCE: The Zoological Society has operated, maintained and managed the Zoo under written agreements with the City of Buffalo since at least 1973. The Zoo is located on City -owned property. Attached for your consideration is a draft of an Agreement which extends /renews this important and mutually beneficial management and operation arrangement. The renewal Agreement extends the management arrangements with the Zoological Society for another 10 years and continues to provide the yearly $136,000 operational subsidy from the City to the Zoological Society that has been in place for several years. The Agreement also keeps in place certain in -kind services and amenities which the City has been providing to the Zoological Society free of charge over the decades. These in -kind services and amenities are worth conservatively nearly $500,000 and include: 1. Water supply (value estimated at over $100,000 per year) 2. Sewer service (value estimated at over $38,000 per year) 3. Street paving and maintenance and snow removal from roadways adjoining the Zoo (value estimated at $125,000) 4. Forestry and park staff assistance from City's Department of Public Works, Parks & Streets (value estimated at $27,000) 5. Inclusion of Zoo's gas and electric utility usage in City's utility "pool" for optimal utility cost and pricing opportunities through City's bulk purchase (Zoological Society will continue to pay City's charged -back invoices for the Zoo's actual gas and electric usage charges) (value estimated at 10 -15% savings of total charges of over $600,000, worth approximately $60,000) 6. General repair and other maintenance services in the discretion of the Commissioner of Public Works, Parks & Streets ($47,000) 7. Forgiveness of a $41,000 annual entertainment fee (stipulated in the current contract) worth $205,000 since the zoo's last payment in 2003 8. Most recently, $147,000 for roof repairs I am requesting that your Honorable Body authorize any office to execute an Agreement in substantially the same form and substance as attached to this communication, with only such clarifications and modifications as are recommended by the Corporation Counsel's office in conjunction with finalizing the final form of the Agreement with the Zoological Society and their Counsel. I aim further requesting that your Ionorable Body authorize any office and /or other City personnel to enter into such other agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the Agreement in its final form. Department Ilead Name: Hon, Byron W. Brown Title: Mayor SIGNATURE OF DEPARTME NT HEAD: � �'�`� CI) RE COMMITTEE 0N, P�IN A N G F, r �.Q AGREEMENT AGREEMENT made as of the Stn day of April, 2008, by and between the CITY OF BUFFALO, a municipal corporation, having its principal office and place of business at 65 Niagara Square, Buffalo, New York 14202 -3331 (the "City "), and the ZOOLOGICAL SOCIETY OF BUFFALO, INC., a New York not - far - profit corporation having its principal office and place of business at the Buffalo Zoological Gardens, 300 Parkside Avenue, Buffalo, New York 14214 -1963 (the "Society "). The City and the Society are sometimes collectively referred to herein as the "Parties" and individually as a "Party ". WITNESSETH: WHEREAS, the City is the owner of certain land and buildings, structures, facilities and appurtenances thereon in Delaware Park, Buffalo, New York, together with the land, access roads, easements, etc., all as more particularly described on Exhibit "A" (the "Buffalo Zoological Gardens "); WHEREAS, the Parties, on or about the 4th day of April, 1973, entered into an agreement wherein the Society was to operate and maintain the Buffalo 'Zoological Gardens upon certain terms and conditions which agreement was extended and modified by agreements dated August 11, 1977, July 7, 1987, November 20, 1980 and May 5, 1998 (collectively, the "Original Agreement "); and WHEREAS, the Original Agreement expired on April 4, 2008. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual obligations contained herein, the Parties agree: I . The City hereby grants to the Society the exclusive use and occupancy of the Buffalo Zoological Gardens to be used and occupied for the purpose of maintaining and operating a public zoo (the "Zoo ") with the uses related or connected therewith, inclusive of all -2- concessions, for a term commencing on April 5, 2008 and terminating March 31, 2018 with the option of the Society to extend this Agreement for three successive renewal periods of ten years each to be exercised by a written notice mailed to the City not less than six months before the expiration date of the initial term or any renewal period thereof. City shall have the right to reject any such renewal by giving the Society formal written notice of such rejection on or before 60 days prior to the end of the term of this Agreement then in effect. 2. The City recognizes and agrees that (i) the Society is the owner of all animals and plants now or in the fixture contained in or about the Buffalo Zoological Gardens, (ii) that the Society shall have the right to obtain additional animals, (iii) that the Society shall have the unfettered right to exchange its animals with other zoological gardens or other individuals or institutions, and (iv) that the Society may sell or loan, some, but not substantially all, its animals without accountability to the City. Upon termination of the use of the Buffalo Zoological Gardens as a zoo, the Society shall, if requested by the City, be responsible for moving the animals at Society's sole expense to non -City related but appropriate habitats. All improvements acquired, completed or constructed by the Society on the real property constituting the Buffalo Zoological Gardens with private or public funds during the initial term or any renewal term of this Agreement, and during the term of the Original Agreement, are and shall be under the exclusive operation and control of the Society, but at the expiration or termination thereof, title to all such improvements shall revert to and become the property of the City. 4. The Society shall have the right to charge the general public an admission fee or charge (a) to the Zoo or any part thereof, (b) for providing transportation in and about the Zoo (c) to any special exhibits and (d) for parking of vehicles abort or around the Zoo. The - 3 - Society may permit and allow children under the age of two to be admitted to the Zoo without fee or admission charge, under such reasonable terms and conditions as fixed by the Society. The Society may establish reasonable rules and regulations for such admissions such as requiring notice in advance, scheduling the dates therefore and establishing standards of conduct and limiting the area of use due to safety considerations. Any changes in zoo related fees or charges shall be explained to the City in writing (copy to Mayor, Corporation Counsel, Council President, City Comptroller) by the Society in advance of the Society instituting such change. S. The Society shall have the exclusive right to operate concessions within and about any and all parts of the Buffalo Zoological Gardens for the sale of refreshments, curios, souvenirs or any other merchandise or services ordinarily available to and sold to visitors to zoological gardens and similar exhibits. The Society may lease, sub -lease or contract out any of its concession rights as provided herein without the consent and approval of the City. The revenue derived from the operation of any such concessions are to be used by the Society solely to carry out and duly perform all of its duties, responsibilities and all of its obligations arising out of this Agreement. Any such concessionaire leases and or subleases thereof shall be described in writing by the Society in a notice to the City and shall in all events be subject to unilateral termination by the City at no cost to the City in the event this Agreement is terminated or otherwise expires. 6. The Society shall use all donations to it of money, including any and all grants from the City and the County of Erie, as well as all animals, materials, exhibits or other things of value it receives, its net profits and any surplus it may have, for the purposes which may be provided in any of the terms of any gifts, its Articles of the Corporation and by -laws, and for the purposes specified in this Agreement. -4- i "j 7. The Society shall not initiate any substantial repairs or improvements to the Buffalo Zoological Gardens unless all of the details thereof are provided to the Commissioner of Public Works of the City and approved by him /her in writing, which approval shall not unreasonably be withheld, delayed or qualified. 8. The Society shall submit to the City in compliance with the City's budgetary requirements its annual proposed budget including all estimated revenues and expenses and projection of its capital improvement program for the ensuing year. In addition, such proposal shall have appended thereto a copy of the most recent audited financial statement of the Society prepared by certified public accountants. The Society shall provide the City with such additional information as the City may reasonably request from time to time. 9. The Society shall have the right to hire its own employees and executive staff to operate the Zoo. The Society shall obtain and shall pay for such workmen's compensation policy or policies as may be required by law. 10. The City of Buffalo will without charge furnish the Buffalo Zoological Gardens with: a. Water supply. b. Sewer connections and service if so approved by the Buffalo Sewer Authority. C. Refuse collections. d. Street and paving maintenance and snow removal from roadways adjoining the Buffalo Zoological Gardens. The service of its forestry, horticultural and gardening staff as may be approved by the City's Commissioner of Public Works, Parks & Streets. 11. During the term of this Agreement, the City shall subsidize the Society for its costs in maintaining and operating the Zoo to the extent of $136,000 per year, with the -5- proviso that if the revenues and expenses of the Society are such that the Society has a net surplus, the City shall be entitled to reduce the $136,000 annual subsidy for that year (or for the next year) by an amount equal to the Society's net surplus. Notwithstanding the foregoing, the Society shall be solely responsible for paying the cost of all electric and gas utility charges for the Zoo. 12. The Society covenants that it will actively solicit annually funds from other public bodies, individuals, corporations and foundations in the Western New York community to improve the Zoo and its facilities and increase the number and quality of the animals and plants to be exhibited. 13. The Society will maintain and keep current public liability insurance policies to protect itself and the City against loss by reason of bodily injury, death or property damage caused directly or indirectly by the activities in or at the Zoo or any person acting on behalf of the Society. The City shall be named as an additional insured on all such policies and such policies or certificates evidencing; such policies shall be subject to approval as to form and sufficiency by the Corporation Counsel and the Comptroller of the City and be in the following minimum amounts: a. Public Liability For one person General Aggregate b. Umbrella/Excess Property damage $ 1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 If the Society fails to maintain such insurance, the City may do so and charge the 1 1 13 Society for the amount of the premiums paid. ..6_ 14. In the event the Buffalo Zoological Gardens should be destroyed by fire or so damaged as to render them untenantable through no fault of the Society, then either Party may, upon thirty (30) days' written notice to the other, elect to terminate this Agreement. In such event, the Society shall give written notice served personally to the Mayor, Corporation Counsel, Comptroller or Deputy Comptroller of the City and the City's Commissioner of Public Works, Parks & Streets and thereupon this Agreement shall terminate. 1.5. The Society is to manage and operate the Zoo in an efficient and proper manner that will bring credit to the City of buffalo; will treat, keep and care for the animals and plants in its custody, possession or ownership in accordance with the highest standards applicable to modern zoos. The Society is not to create or suffer to be created any nuisance about the Buffalo Zoological Gardens and is to keep them in a clean and healthful condition and in a reasonable state of repair and shall comply with all, rules and regulations of the State of New York and the Ordinances of the City of Buffalo. 16. In the event the Zoological Gardens are needed by the United States Government, the State of New York, or the City for any public use or purpose, the City may cancel this Agreement upon serving a ninety (180) day notice in writing on the Society. 17. Additionally, in the event of any breach of any of the terms of this Agreement, the City shall so notify the Society by a thirty (30) day written notice that unless such breach is corrected or remedied within that time, the City may exercise its option to terminate this Agreement. That after the date of any such termination, the Society is to surrender, vacate and deliver the Zoological Gardens to the City and if the Society refuses to do so, the City shall have the right to recover possession by proceedings in the City Court of Buffalo on the ground that it is a holdover tenant in possession thereof. If such termination becomes 1"� 19 7- -,J effective, the Parties hereto shall be relieved and released of any and all liability hereunder except for charges accrued at the date of termination excluding any part of the funds to be granted by the City. 18, The Mayor, the President of the Common Council and the Corporation Counsel of the City of Buffalo shall be ex officio members of the Board of Directors of the Society with full voting power. 19. The Comptroller of the City of Buffalo shall have the right and privilege of examining and auditing the books and records of the Society to determine compliance with the financial provisions hereof and the reasonableness and appropriateness of its acts periodically, but not more than once a year. 20. The City covenants that any and all rights and privileges vested in the City to enforce compliance with the terms of this Agreement or its termination against the Society except as otherwise stated shall be exercised by an appropriate resolution passed by its legislative body. 21. ' That any and all notices required to be served by any Party shall be in writing addressed by certified mail as follows: The City of Buffalo c/o City Clerk 65 Niagara Square Buffalo, New York 14202 -3331 (with a copy to the Mayor, Corporation Counsel and Commissioner of Public Works, Parks and Streets) Zoological Society of Buffalo, Inc. 300 Parkside Avenue Buffalo, New York, 14214 -1963 unless a different address is from time to time designated by either of Party. -8- n 22. This Agreement is not to become in full force and effect unless and until approved by a resolution of the Common Council and the Society and a certified copy of such resolution is attached hereto. The approval of the Buffalo Fiscal Stability Authority is also required. IN WITNESS WHEREOF, the City has caused this instrument to be signed by its Mayor and its corporate seal to be hereunto affixed and the Society has executed this Agreement and hereunto affixed its seal, all as of the day and year first above written. CITY OF BUFFALO By Mayor ZOOLOGICAL SOCIE'T'Y OF BUFFALO, INC. By Chairman UgUDoc 4 01- 169991 6.4 STATE OF NEW YORK ) SS: COUNTY OF ERIE ) On the day of in the year 2008, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he /she executed the salve in his /her capacity, and that by his /her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF ERIE SS: -9- On the — _ of in the year 2008, before me, the undersigned, personally appeared _, personally known to me or proved to one on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her capacity, and that by his /her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 1� 3 Exhibit A Beginning at the point of intersection of the westerly line of Parkside Avenue with the northerly line of Jewett Parkway, extended, and running thence northerly and along the westerly line of Parkside Avenue to its intersection with the extension westerly of the southerly line of Amherst Street as located between Parkway Avenue and Main Street. Running thence westerly and along; said westerly extension of Amherst Street to a point five (5) feet east of the easterly edge of the park road which is the continuation southerly of Colvin Avenue; Running thence south and southeast and along a line parallel to and five (5) feet east of the easterly edge of the _park road, which is the continuation of Colvin Avenue, and then continuing along a line which is parallel to and five (5) feet northeast and east of the northeast and east edge of the park road known as North Meadow Drive to the intersection of this parallel line with the extension westerly of the north Iine of Jewett Parkway. Running thence easterly and along the north line of Jewett Parkway, extended, to the point of beginning. Doc N 01- 1699916.4 ff ( l./ FROM THE MAYOR - EXECUTIVE DEPARTMENT Nov 2 S, 2008 -:r FROM THE OFFICE OF CITIZEN SERVICES B3 'R.()i\ W. 13R()\ti\ U — �r�, � •.4` � ' cif � T° CFTY OF BUFFALO O FFICE OF THE MAYOR DIVISION OF CITIZEN SI?RVICFS OS \1`A],I)O 111P:S'T'RI[ , 1R DIRI ?CITOR November 20, 20 GIs. ,jackie Rushton Senior Legislative ,Assistant City of Buffalo Cotnnaon Council Staff Rooln 1413 City Ilall Dear Ms. Rushton: I am M receipt of your correspondence dated November 13, 2008 regarding, Item # 44, C.C.P. November 122, 2008 "Correspondence from Peggy Chadwick - Led -won, President CWA Local 1133" , n� gal sp Upon further review of the correspondence, our department has put in a service request for the city owned prope to be cleaned case number 413751. Nis. Peggy Chadwick- l.edwon will receive a letter to her office stating when the problem will be addressed and h.(.)w to contact >,:>,s for further updates. We appxeciate this .inatter being brought to Out attention and wCcoinc the future plans that the Coenniunications Workers of America Local 1133 will bring to the city. Thank you. Regards, Oswaldo Mestrc Jr., Director RECEIVED AND F ILED CC. jaTnes S. Pajak, Chief of Staff Council Staff; City of Buffalo Cominon Council \f 65 NIAGARA S( Il ARF: / 21 S CITY 1 �] AL.I. / BUIT ALO, N 110)),,��:S3i12 / � 16) 8 el - �It 9f) / 1 -AX: ( 16) 8 51 :�ai1Ci / ���r�r.cEn�..l���3lf�ilv.curi1 FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS Nov 25, 2008 #€3 (Rev I -02) Certificate of Appointment lit compliance with provisions of Section 24 -2 orthe Charter and Chapter 35 -1 of the Ordinances of the City of HutTato, 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 .f format ResomceslCivil Service for the Appointment Effective: November 3, 2008 in the Department of MIS Division of to the .Position of Network Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) Provisional Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) Step 3 AEnter Starting Salary) : Starting Salary of: $ 46104 LAST JOB TITLE Sr. Operations Comm. Coord. NAME Mark Coiern LAST DEPARTMENT MIS DATE 11/03/08 ADDRESS 38 Rutland LAST SALARY 44779 CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN, XXX -XX -6995 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP L A S T 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10871001 TITLE CODE NO 0985 BUDGET ACCT. OBJ. 41 PROD. ID PERSONNEL REQ. NO 2008 -415 SALARY RANGE OF POSITION 42754 -49566 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Third step is $250.00 greater than his current salary. NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: ,Yt' C -IL =�% , iV DATE: SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROL #6- HUMAN SERVICESICIVIt_ SERVICE #7- BUDGET #8- DEPARTMEN #9- DIVISION #10- EMPLOYE (? #3 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35.1 of the Ordinances of the City of Buffalo, I transmit this certification of appointrnent(s) or promolion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of November 10, 2008 MIS to the Position of Sr. Data Processing Equipment Operator Permanent, Provisional, Temporary, Seasonal (Insert one) Temporary Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) Step 3 jEnter Starting Salary) : Starting Salary of: $ 36779 LAST JOB TITLE Data Processing Equipment Operator NAME LAST DEPARTMENT MIS DATE 11/10108 ADDRESS LAST SALARY 36306 CITY & ZIP Muriel Somma 83 Grimes Buffalo, NY 14212 LAST 4 DIGITS O SSN. XXX -XX - LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 D OF SS N. XXX - X X- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10871001 TITLE CODE NO 0910 BUDGET ACCT. OBJ, 41101 PROJ. ID PERSONNEL REQ. NO 2008 -69 SALARY RANGE OF POSITION 34388 -39258 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: Third step is $250.00 greater than his current salary. NAME OF APPOINTING AUTHORITY: _R A.Xe A- ► b 'j" - TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: A 6�L ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATEa OTHER COPIES TO: #5- COMPTROLLER #S HUMAN BERVIC !CIVIL SFERVICE #7 BUDGE #S- DEPARTMENT #9- DIVISION #1Q- EMPLOYEE(S) I ' FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS Nov 25, 2008 S INGLE ,.3' 1c )Vt1��1�.lNiC ',���ION C� Tl..IE CONIM( :)N - {� UNC1�. t . l14-: t- ,Ol\jliM(- N COUNCIL.: l )l -: f� I` o vernher '19,2008 '1, � , s= N 4 l'r_lblrc 1J orl s, lark 13� �l1 : l:, E A , f�M�__i � . DI v lS1ON Parks SUBJECT: Endorsement of Buffalo Olmsted Parks Conservancy application for Recreational Trails Grant Funding PRIOR COUNCIL REFERENCES: NIA The Buffalo Olmsted Parks Conservancy (BOPC) seeks Safe Accountable Flexible Efficient Transportation a Legacy for Users (SAFETEA -LU) funding for is non - motorized, diverse use of pathways and trails in Delaware Park. This project is included in the Olmsted Park System's Plan for the 21 Century, which defines over 300 projects to be implemented over the next 20 years. The BOPC has consulted with the Department of Public Works, Parks and Streets to seek support of the BOPC application for $200,000 in SAFETEA -LU funding to extend the improvements of the Scajaquada Creekside Recreation Trail from its current termination point, in Delaware Park, at the Japanese Garden and the Buffalo Erie County Historical Society to a pedestrian bridge (ADA compliant) and on to the highly utilized Delaware Park Ring Road trail and the beautiful and heavily utilized Hoyt Lakeside trail. The Hoyt Lake Trail portion of the project will be renovated with a $250,000 grant from the State of New York. The BOPC will be the grantee and will secure all necessary match funding; no funds are requested from the City of Buffalo. The 36 -mile Scajaquada Creekside Recreation Trail connects along the Niagara River from Lake Erie to Lake Ontario, and links the Riverwalk trail directly to the Olmsted trail system with over 86 miles of trails. This phase of the project is estimated at $1.2 million which has been fully funded through a grant from the NYPA Greenway Commission. NYPA will fund the construction documentation and implementation of trail improvements, linking together many of Western New York States most notable cultural institutions. The Department of Public Works, Parks and Streets is supportive of the trail extension for its continuity with the overall recreational opportunity for walking and biking provided by the Scajaquada and Olmsted Trail systems. The Department is also supportive of the grant application, recognizing that the implementation of the project will require no financial commitment in terms of a match from the City of Buffalo. am recommending that your Honorable Body endorse the BOPC application for funding to enhance recreational trails around Delaware Park, as this project will promote use of city -owned property for the benefit of our citizens. DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TITLE: City Engineer C9 F IL ED SIGNATURE OF DEPARTMENT HEAD: )__ e "�-� '1 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: November 19, 2008 FROM DEPARTMENT: PUBLIC WORKS, PARKS & STREETS DIVISION: ENGINEERING SUBJECT: [: Permission to Increase Contract [: Bergmann Associates Contract #92011215 C� PRIOR COUNCIL REFERENCE: (IF ANY) [: Ear. (Stem No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) I hereby submit to Your Honorable Body the following change for this contract. Bergmann Associates is the engineering consultant for the GIS Implementation Project for the City of Buffalo. The project included detailed design, modeling, application and data development and software integration. This increase is necessary for additional design services due to a software version upgrade released by the software vendor, ESRI, as well as additional data development services for the Division of Water. I respectfully certify that this increase is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase for $91,540.00. The funds are available in Capital Projects account 31655806 445100. Original Contract Amount: $ 409,535.00 This Change Order; $ 91,540.00 Total: $ 501,075.00 PJM:eds TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. City Engineer FOR TYPE 'STILE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD : ���'� REREPPRIRM TO TH COM MITTEE �M FINANCE i City Clerk's Department BUFFALO November 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. 8 PASSED November 25, 2008 Report of Bids Amherst St Signal Improvement Project Gerald A Chwalinski City Clerk 7 111 D- n� A P P i. i rn> >1 NLI PA�J i:: %-V "�rv'I ii1`vi�A i ION iii i Iii: ��rAAAl �(�ll,�lTtlr'IT� {Rev. lry.3 �..; TO: THE COMMON COUNCIL DATE: November 17, 2008 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids [: Amherst Street Signal [: Improvement Project [: PIN #5758.80 PRIOR COUNCIL REFERENCE (IF ANY) This is to advise Your Honorable Body that I have advertised and received bids on November 12, 2008 The lowest three bids received were: Contractor Base Bid Total Bid Price CATCO $1,182,80.0- 1, 4 ,uuu.ly 1266 Townhne Rd. Alden, NY 14004 Destro & Bros. Concrete Co., Inc. $1,1 88,177.05* $1,247,585.91 411 Ludington St. Buffalo, NY 14206 South Buffalo Electric $1,546,046.15* $1,623,351.61 1250 Broadway St. Buffalo, New York 14212 *CORREC'TED AMOUNT I hereby certify that the lowest responsible bidder for the above project is CATCO and I respectifully recommend that Your Honorable Body authorize a contract award to CATCO in the amount of' $1,242,008.29. (Base Bid of $1,182,865.03 + [5% unit price increases] $59,143.26equals ["Total Award] $1,242,008.29). The engineer's estimate for this work is $1.2M. ']'his project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in our Capital Account 931960206- 445100. SJS /JDBYI'D /dab Cc: Andrew Sanfilippo, Comptroller PASSED Bill Heinold, Accountant TYPE DEPARTMENT HEAD NAME: TYPE "TITLE: SIGNATURE OF DEPARTMENT HEAD: Steven J. Stepniak 1111 -ni TABULAT1ON OF BIDS OWNER: City of Buffalo [)apartment of Public Works Parks and Streets Division of Engineering PROJECT: ReplaaemantfUpgrade of Tmffic Signals on Amherst Street Date Advertised: Oclober22, 2008 Date Opened: November 12, 2008 Date Tabulated: November 13, 2006 Job No. 04,11 -0129 PREPARED by NUSSBAUMER & CLARKE',1NC. 3556 LAKE SHORE ROAD - SUtTE 500 BUFFALO, NEW YORK 14219.1494 I I I Fogineei's ITE61 ITEM ITEM NUMBER tl OUAN T7T UNIT Estimale Concrete Corp. 1266 Alden Amount Unit Price 13id Applied Technologies Desire (CATCC) Company Townline Rd. 411 NV Buffalo Amount Unil Pdi 0id & Brothers Concrete Booth Inc. Ludington St. 1250 NY buffalo Amount Unit Pricy Bid Buffalo Electric, Inc. Broadway SL NY Amount Unit price Bid _ 01.110 Project Photographs 14D FA $15.00 52,100.00 $0.10 $14.00 $15.00 $2,i00.00 $11,00 $11,540.00 4 LS $14,000.60 $14,00000 $21000.00 $21,000.00 $10,000.00 310,000.00 $15,000.00 515,000.00 01.210 Survey and Stakeout 02.110 Unclassified Excavation 79 CY $35.00 $2,765.00 $25.00 $1,975.00 $25.00 $1,97540 $25.00 $i.m.00 02.330 Rail and Pavement Removal 25 LF $100A0 $2,500.00 $1.00 52501) $20.00 $500.00 $210.00 $5,250.00 02.400 Milling Fisting Pavement 12145 SY $5.00 $66,725.00 $4.00 . $48,580.00 $4 OD S4a,580.00 $6.00 $72,870.00 03.21C Sub -base Course, Type C 20 CY $50.00 $1,000.68 $45.00 ;900.00 $36,60 $600,00 $50.00 $1,000.00 (Sidewalk- Gravel) 04,110 Asphalt Concrete, Fine Tap Machine Laid 1070 TON $80.00 585,600.60 $115.00 $123,050.00 $95.00 $101,650.00 $140,00 $149,800.DD (1.5" Thick) 04.610 Asphalt Emulsion, Tack Coal 1225 GAL $3.50 $4,287.50 $0.01 S12.25 ;4.00 54,900.0[1 $7.DO $6,575.00 05264 Concrete Sidewalks and Approaches, 4" 762 SF $7.25 55,524.50 $4.50 $3,429.00 $4,50 $3,429.00 $10.00 $7,620.00 805204 Concrete Sidewalks and Approaches, 4" 8025 SIP 3725 558,181.25 $4.50 $36,112.50 $4.50 $36,112.50 $13.00 VO4,325 00 Replacement R05,206 Concrete Sidewalks and Approaches, 6" 20 SF $12.00 5240.00 $6.50 $13D.00 $8.06 $160.00 $30 W $600.00 Replacement 05,220 Metal Reinforcement, 6 x 6, Wx 6° $787 SF $100 $8,78701€ $0.50 $4,393.50 $0.50 $4,393.50 $3,50 $30,754.50 R07.106 Replacement Granite Curb 169 LF $20,00 $3,780.00 $35.0 $5,615.00 $30.00 $5,670.00 $07.00 $16,44100 Ro7.10611 Replacement Granite Curb, Radius 634 LF $20.00 $12,680 -00 $35.00 $22,190.00 $38.00 $19,02040 $115.00 $72,910.00 12.110 Malnlenanca and Protection Of Traffic 1 LS $50,000.00 $50,000.00 $30,000.00 $30,000.W $15,000.60 $15,0D0.00 ;44,000.00 $44,000.00 13.250 Maintain Traffie Sigpal Equipment 180 INT. $100.00 $i8,DW.00 $12500 $22.500.00 $50.00 $9,000.00 $100.00 $18.000.08 (Requirement A) MO. $957,00 $7,656.00 $250.00 $2,o00.W $600.00 $4,800.DD $970.0 $7,780.00 12.260 Pull Box Connection 8 EA (Altar Pull Box for Conduits) 12.270€ Paint Existing Pole Black Parkside 5 EA 51,000 Oo 55,000.00 $3,000.00 $15,000.00 $800.00 $4,00G.110 $1,148.00 ;5,5Q0.06 12.2702 Paint Existing Pole Black Colvin 4 FA $1,000.00 $4,001100 $2,400.00 $9,6060D $800.00 $3,200.00 $1,160.00 $4,400.00 122703 Pain Existing Pate Black Delaware 6 EA 51,06000 $6,000.00 $3,60H w S21,600.0o $800.00 $4,800.00 $ @.100.00 $6,600.00 12.2704 Paint EAsFng Pole Black Stalin 3 EA 51,000,00 $3,000.00 $1,800.00 $5,400.00 $800.00 52,400.00 $1,100.00 $3,300.00 112705 Paint ExTsOng Pole Black Parker 4 FA $1,000.00 $4,000.00 $2,400.00 $9000.00 $800.00 $3,200.09 $1,100.00 $4,400 12.310 Galvanized Telespar Sign Post Ground 57 FAA $250.00 $14,250.00 $231.00 $13,167.00 $225.00 $12,825.60 $200.00 $11,400.00 Mounted 12.315 Galvanized Telespar Sign Post Cared 8 EA $300.00 $2,400.00 $247.50 $1,980.00 $250.00 $2,000.00 $225.00 $1,800.00 and Grouted 12.404W 4" White Preformed Reneclarized Pavement 360 LF $1.50 $540,00 $3.06 $1080.W $3.00 $1,080.00 33.00 51080.00 Stripes 12404Y 4" Yellow Preformed RefleCiorixed 2630 LF $t.75 $4,60250 $3.00 $7,8g0.00 $3.00 $7,890.00 $300 $7,890.00 Pavemenl50ipes UA06W 6" While Preformed Retiectorized 4700 LF $225 $10,575.00 $4.60 518,506.60 $400 $18,800,00 $4.00 $18,800.00 Crosswalk Stripes 12.418W 18" White Preformed ReOecforized Stop Line 3280 LF $6.75 522,140.00 $13.60 $44,608.00 $1300 $42,640.00 $13.55 544,444.110 12.470 While Ptefommed Renectorized Pavement 8 EA S148.00 51,184.00 $220.00 $1,760.00 $306.00 S2,400.00 $219.00 $1,752.00 Symbols 12,510 Riser Assemblywith Inline Fuses 6 EA 5450.00 $2,7Q0.00 $475.00 $2,850.00 $11,00.60 $8 000.00 $300.00 $1,600.00 90.900 Mobile Fiats Office 18 MO 5200,00 $3600.00 $30O.Q6 $5,401#.00 $30040 $5,400.00 $130.00 $2,340.00 05206.0305 Conduit Excavation and Backfitl 835 LF $3500 $20,225.00 $35.00 $29,225.00 $3000 $25,050.00 $39.00 532,565.00 (in Existing Roadway) 05206.0306 Conduit Excavation and Backfil) 1608 LF S16.00 525,7213.00 $15.00 324,126.0 $10.06 $16080.00 ;35.00 $58,280.40 (Not In Roadway) 6 8520.5614 Sawmiling Pavement; Asphalt and Concrete 1686 LF $260 $4,383.60 $5.00 ;8,430.00 $3.00 $5,058.00 $1500 $25,290.00 06520.51 Sawcutting Existing Concrete Curbs 148 LF $51.00 S7,548-DO $12.00 $1,776.00 514,60 $2072,00 $30.00 $4,440.00 608.21 Embedded Delectable Warning Units 370 SF $40.00 $14,806.66 $30.00 5[7,100.60 $45.00 $16,650.00 ;38.00 $14,060.00 645.7101 Ground - Mounted Sign Panel MUTCD 165.5 SF $2000 53,710.00 $35.00 $6,492.50 $40.00 $7,420.00 $24.00 $4,452,60 Codes R,P,W, and M - Up 10 l e" 645,7102 Ground- M006fed Sign Panel MUTCO 163.17 SF $23.00 53,752.9( $37.00 $6,637.28 $46.60 $6,526.80 $19.50 53,18102 Codes R.P W. and M -18" to 30" rYYMMlet31d1]B- er+l�b - N� +a�1 bBeN Signal noH�i`M�b Codes R,P,W, and M -30" fa 64" Type IX FL. Yelfow Sheeting 645.7112 Ground- Mounted Sign Panel MUTCD 117.84 S SP 5 525.00 5 52,94 6,00 $ $46.00 $ $5,420.64 ( (50.00 5 55 892,110 ( (26.40 $ $3,063.84 Cade S R,p,W, and M 30" to 64" Type IX FL. YeltoW Sheeting 645.73 Ground- M0un0ng Sign Panel MUTCD 1 12 SF $ $26.00 5 5312.00 $ $40.00 $ $480.00 5 550.00 $ $600.00 5 526.00 5 5312.00 Codes G and I 05645.7301 51rea1 Name Signs 3 30 SFT 5 5240.40 5 57,200.00 5 5330,00 5 59,900.90 ; ;350.00 5 510.500.00 5 5400.09 $ $12,(X70.00 (Band Mounting) 647.01 Removal of Signs, 5¢e A (a to 10.76 SF) 1 147 FA S S11.00 $ $1,617.04 $ $11.50 $ � $ $1,690.50 $10,00 $ $1,479.00 $14.00 $ $2,058.00 1" Die. 1720 LF $ $7.90 8 812,040.00 $ $650 3 311,184.90 5 56.00 5 550,320 00 $ $20.00 $ $34,40D.00 r -- -J. „ gEf LF 9225 524 Si.Ba $19,309.80 52.25 52408725 34.90 554 9H.901 - 680,!39514 . Signal Cabia, 5 Cunduclai, 14 AWG 3999 LF S2.80 $11,197.20 $2.00 $7,998.00 $2.25 $8,997.75 $5.00 548,995.00 6e0.730714 Signal Cable, 7 Conductor, 14 AWG 08880.78031 Remove Existing Traffic Signal Heads 43 FA S60.0D S2,580.00 !11W.00 $4,300.00 $100.00 $4,300.00 $21000 $9,03000 06680.78032 Remove Fisting Pedestrian Heads 28 EA $25.00 5700.00 3100.00 $2,6011.00 lli." $90.00 5.7,520.00 5660.79007 Remove Traffic Signal installation Crandell (1) 1 EA 31,800.00 51,800.60 $1,500.00 $1,500.00 5200.00 52,000.00 5999.00 $990.00 5680.790002 Remove Traffic Signal Installation Hill (2) 1 EA $1.80000 51,600.00 57,690.00 31,500.00 $2,400.60 52,000.00 5990.06 5990.00 5680. 791)00'. Remove Traffic Signal Installation Parkridge(3 1 EA S1000.011 51,860.09 $1,50000 51,50.00 $2,600,00 S2, 003.00 $990.00 $990.00 5680 - 790004 Remove Traffic Signal lnslaltation New 1 EA $1,800.00 57,600.40 $1,500.00 $1,500.00 $3.00.66 53,060.00 5990.00 b990.Otl Amsterdam (3) 5560.790013E Remove Traffic Signal Installation LinwIn i FA $4,800.05 51,800.00 $1,500.00 $1,500.00 $2000.00 32,00.60 $990.06 $990.00 Parkway (3) 5680.790006 Remove Tra€ ficSignal lnslellallon Military (3) 1 FA $1,806.00 51800.Otl $1,75000 $1,750.00 $3,000.00 $3,006.00 $940.00 $gg0.0 5680.796007 Remove Traffic SiprW Installation Weodsva(d( 1 EA 57,800.00 S1,800.Do $3,900.00 $3,0WrQ0 $3,00.06 $3,00000 si)Wo0 $990.00 5580.79000E Remove Traffic Signal tnslallahon Berkshire (3' 1 EA $4,100.00 51,100.00 $1,500.00 $1,50000 $1,00000 61,000.00 $990.60 S990At' 5700000.00 59,560.00 $95,000.90 S10,500.00 $105,000.0 $8,t76.00 $81,780.0( 05580.8014 Solid Slate, Modular Coniroiler Assembly 10 EA 510,00.00 680.810161 Traffic Signal Module, 30mm (12'1, Red Ball L 83 EA $145.0 572,035.00 $150.00 $42,450.00 S110.00 59,130.00 $119.00 $9.877.(K 5160.00 $13,280.00 $190.00 $i 5,770.00 $15tl.(39 $12,450.00 $127.00 $10,541.0( 680.810103 Traffic Signal M 300mm (f2'), 83 FA Yellow Ball, LED 680.810105 Traffic Signal Module, 3Wmm (12 "), e3 EA $210.00 $17,430.00 $19500 $16,185.00 $150.00 $12,45000 $127.00 $10,5410( Green Bail, LED 880.&50108 Traffic Signal Module, 300mm (121 6 FA 5300.60 51,800.06 $240.09 $1,440.00 S150.00 $9DD.00 $127.00 57620 BI -Modal YellnwlGreen Arrow, LED 680.810601 Traffic Signal Section, Palycarbonata, Type 1, 255 FA S130A9 533,150.00 $1(6.60 $28,050.0 $100.00 325,500.00 $100.00 $25,5000 300mm (12') 680.8111 Traffic Signal Bracket Assembly, i Way 75 PA $220.00 $16,500.0 $175.00 $13,125.00 $400.0 530,00000 $194.60 $44.325.0' 68G of Traffic Signal Draeket Assembly, 2 Way 4 EA $341.00 $4,244.00 $30060 $1,200.00 $500.00 $2,0(30.00 $198.0 8792.6 689.Sf3105 Pedestrian Signal Modula, 300mm 02'x, 82 EA $240.00 319,680.00 $250.00 $20,50.00 $200.00 $16,400,00 $20,00 $21,320.0 81-Modal HandlMan Symbols, LED 686,813106 Pedestrian Signal, Polycarbonale, Type 1, 124 FA $180.00 S22,320.00 $150,00 $18,600.00 5300.00 $37,200.00 $130.00 $46,120.0 300mm (12') 680,8141 Pedestrian Signal Bracket Mount Assembly 50 EA 5100.00 56,000.00 $200.00 51p,o09.00 $200 00 540,00(9.0 5515.00 55,7500 680.8142 Pedestrian Signal Post Top Mount Assembly t8 DA S200.00 $3,600.00 $150,00 $2,700 -00 $300.00 $5,400 -00 $222.00 S3 996.0 03680.8150 Pedestrian Countdown Timer Modula 42 EA $282.00 $11,844.09 $275.00 $11,550.0 $300.00 5(2,609.0 $300.0(3 312,600.0 05680.8204 overhead Sign Assembly. TYPO D. Dual Mount 1 EA $700,110 b7oo.00 31,059.00 $1050.00 $1060.00 $1,000.00 $730 -00 $730.( 05680.8205 overhead Sign Assembly, Type E, EWe Strar5 21 EA $570.00 $11,97000 $675.00 $14,175.00 $806.00 $16,80000 $7000 $14,7001 33,500.00 $650.00 $4,550.00 5900.00 $6,300.00 3660.00 $3,920.( 05680.8297 Overhead Sign Asssmtrly, Type G 7 EA $500.00 606.8225 Pedestrian Pushbutton and Sign wloul Post 42 EA $210.00 $8020.00 $125.60 $5,250.00 5200.00 $8,40(1.00 $1517.(30 $6,300.1 05680.0301 Clean and Prepare Existing Underground Cnnc 180 LF $500 $900.170 $5.0 $900,0 $5.DEl $900.00 $11.00 31980.1 156 &0.8305 Dual Channel, Shelf Mounted Loop Detector 16 EA 5200.00 $3,200.00 $175.00 $2,800.00 $200.00 53,20.00 $210.00 $3,380.1 wloutput Timing i 5560.94 Raigfight Disconnect BOX(Dreaker) t EA 5460.00 $400.00 $37500 $375.00 $500.00 $50.001 $400. $4091 15680.950202 Service Cable, 2 Conductor, 6 AWG 1310 LF 53.00 $3,934.00 $4.00 $5,240.00 $5.00 $8,550.00 $6.90 S9 039! LS $0.00 $34,40600 $34,400.00 $50,000.017 $50,00.00 $59,20.00 $59,200; 899.040001 Mobilization 1 i ll Ynfal Rid Amount .. _ 127,240.41 _ $1.102,885.03 31,188 177.05 b1 546 046- Review Notes' I Denelos math error 1111-Ms /� l' 1- V6nut -�1] - BN45 - !.moo, 5rceel5ynal Proleakidsb Mr. Fontana moved: That the move communication from the Commissioner of Public Works, Parks and Streets dated November 17, 2008, be received and filed; and That the Coinnussioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Arnherst Street Signal Improvement Project, PIN #5758.80, to CATCO, the lowest responsible bidder, in the amount of $1,242,008.29 (Base Bid of $1,182,865.03 + [5% unit price increase] $59,143 equals [Total Award] $1,242,008.29. Funds for the project are available in Capital Account 431960206- 445100. Passcd. TA13:i tA%v])60\mswoi dlrmv\Oc 1 1 -2 Sa.doc 4 r-..� � ���f - . � � - - �1� � � �:r� ��it cps ��i� �� "� � s � � � .. �� - � � �� - �. - ry � - - ', � - '. . � - - . , �--4 - . ' ; K � ti - �. - ' . ; � � A � e ���• � _ 93 (Rev '1 -D2) P fir. v.; 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 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) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) PROMOTION Minimum, Intermediate, Maximum, Flat (Insert one) MAXIMUM Enter Starting Salary) : Starting Salary of $31,838 LAST JOB TITLE Truck Driver NAME Peter Coyle LAST DEPARTMENT DPW DATE 11108 ADDRESS 140 North Street Apt#22 LAST SALARY CITY & ZIP Buffalo, NY 14201 LAST 4 DIGITS OF SSN, XXX -XX -3211 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 15030001 TITLE CODE NO 6040 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2008 -064 SALARY RANGE OF POSITION $28,179 - $37,838 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: Steven J. Ste niak _ 3 Commissioner DATE: 1 ©/08 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK ON /BEFORE APPOtNTMENT DATE OTHER COPIES TO; #5- COMPTROLLER #S- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPI OYt E(S3 l i 93 (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 App ointment Effective: I t rI in the Department of Public Works Division of Streets to the Position of Equipment Operator Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL. Appointment, Promotion, Non - Competitive (Insert one) PROMOTION Minimum, Intermediate, Maximum, Flat (Insert one) MAXIMUM Enter Starting Salary) : Starting Salary of $31,838 LAST JOB TITLE Truck Driver NAME Cruciano Monteleone LAST DEPARTMENT DPW DATE 11108 ADDRESS 3619 Moyer Road LAST SALARY $30,793 CITY & ZIP Buffalo, NY 14120 LAST 4 DIGITS OF SSN. XXX - XX - 2088 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 15030001 TITLE CODE NO 6040 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -065 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. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: CiiiaKKI:= SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT BATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE S #3 (Rev 1 -02) V Certificate of Appointment U In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the persons) 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 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) INTERMEDIATE (Enter Starting Salary) : Starting Salary of: $32,374 LAST JOB TITLE Equipment Operator NAME Joseph M. Mazur LAST DEPARTMENT DPW DATE 11108 ADDRESS 61 Miami St. LAST SALARY CITY & ZIP Buffalo, NY 14204 LAST 4 DIGITS OF SSN. XXX -XX -5332 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 15030001 TITLE CODE NO 6041 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -063 SALARY RANGE OF POSITION $29,327 - $33,392 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE.: Steven J. Stepni SIGNATURE OF APPOINTING OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EhIIPLOYEE(S? V Commissioner FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES Nov 25, 2008 City Clerk's Department BUFFALO November 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. 11 PASSED November 25, 2008 Food Store License -2483 Bailey (Lov) Gerald A Chwalinski City Clerk T . pL t.7 ` o- The Common Coljn(,il: r < Date: March 19, 2008 From: Department: Department of Economic Development Permit & Inspection Services ' Office of Licenses Subject: j: Food Store License [: 2483 Bailey (Lovejoy) Prior Council Reference: (If Any) [: Ex. (Item No. xxx C.C.P. xx/xx/xx): Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2483 Bailey (NYC Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department 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. r ".,__.. Signature: Department Head Title: COMMISSIONER RMT:m rz �i CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY I DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: NYC MARKET LICENSE TYPE. FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER REFERRAL DATE: DISAPPROVAL REASON: 2483 BAILEY 835 -2819 LO 16 NAYEFF MOKBIL 835 -2819 547527 07/16/2007 BPI APPROVED 01/23/08 r NEW LICENSE 2008 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE: 1 �` DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW ` REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppsTipzrpr 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARA.CCIO , APPLICATION FOR: NYC MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONIC: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: RRF'ERRAL DATE:.... DISAPPROVAL. CALL BACK 2483 BAILEY 835 -2819 LO 16 NAYEFF MOK131L 935 -2819 547527 {371.:1.612007 NEW LICENSE 2008 DATE * "REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** I Am eta RANk �t n 5 T.z Mo £ 1 r" 4 ✓ r' I NMI— 'M s r s re s -y 4 �, $ y 5 z 5 C Say WNW � 4 S Nw OR L t i T IATIT d 1 MIA I Am eta RANk �t n 5 T.z Mo £ 1 r" 4 ✓ r' I NMI— 'M s r s re s -y 4 �, $ y 5 z 5 C Say 4 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REOUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR; NYC MARKET LICENSE TYPE. FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 2483 BAILEY 835 -2819 LO 16 NAYEFF MOKBIL 835 -2819 547527 07/15/2007 REMARKS: CALL FIRST DISAPPROVAL REASON: 1 f NEW LICENSE 2008 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW` REMARKS: INSPECTOR P I _ �. RM# EXT �---- . AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. RppSlip2 r r l CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14242 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: NYC MARKET LICENSE TYPE: FOOD STORE NEW LICENSE 2008 BUSINESS ADDRESS: 2483 BAILEY BUSINESS PHONE: 835 -2819 COUNCIL DIS'T'RICT: LO POLICE DISTRICT: 16 APPLICANT NAME: NAYEFF MOKBIL APPL. PHONE: 835 -2819 APPLICATION NUMBER: 547527 REFERRAL DATE: 07116/2007 REMARKS CALL FIRST DISAPPROVAL REASON: OUT OF THE COUNTRY - MUST MEET WITH POLICE (TO BE COMPLETED Bar AGENC'Y/DEPARTMENT REFE , D TO) APPROVED DATE:, —2� DISAPPROVED REMARKS: DISTRICT Cl APPROVED DISAPPROVED REMARKS: DATE: DATE: DATE: ** *REASON FOR DISAPPROV US E STATED ELOW * ** DeputY COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND. RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. Appsrrp2.rpr DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES OFFICE OF LICENSES 313 CITY HALL ]BUFFALO NY 14202 8514078 LICENSE APPLICATION PLEASE CHECK LICENSE C kTEGORY APPLYING FOR RESTAURANT BAKERY CONFECTIONER RESTAURANT TAKEOUT CATERER �POOD STORE MEAT, FISH & POULTRY Date JUL 0 6 2007 20 Applicant Name 4 ' Y � c ( _ Appliea`nt Home Phone # '� C3 7I1n R. =! n__. I7�.II. / -.i III7_Iv" Applicant Address l o. 1 Town or (State) (zip) Co- Applicant Name Co- Applicant Address (No., Street) (City, Town or Village) (State) v Corporation Name _� - Date Incorporated Business Name M IT e `Gems' Dato of Busiuess 'Ceriificate Business Address t� L`01 t ZD' G. w kriu. Sireei:) (%it+y; Town or Village) (State) (zip) M ailing Address (if.different than business address) (Np,, Street) (City, Town. or Village). (State) Business Phone # Fax State 'T'ax ID Number Social Security No. or Employees (Baker Confectionex 0111 Apps t Sign. e ' Subscribe4 anti sworn to before me this Day of 26j FEES RESTAURANT 0 -200 SEATS $174.00 201 -400 SEA TS, S250.00 Cotnmiss' er of s rn for c 401 h s32S-00 Ci of T3 , New Yo . RI;MURANT T,A*M UT /CA C ERTNG S 88.00 MT.A,T,FISH & P6ULTRY (2 YRS.) 5150.40 F00Ii STORE $115.00 BAKEWC TONER 0 -2 EMTLOYEES 563.00 3 -10 $105.00 11 -25 $157.00 T A 26 -50 $315.00 51- $525.00. RST app[ DEPOSIT (zip) Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated March 19, 2008, be received and filed; and That pursuant to Chapter 194 of the City Code, the Conn - lissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Nayeff Mokbil dlbla NYC Market located at 2483 Bailey, Passed 9 TA13:1jnv 1':lti p(Olms v �rdlr �v19c l 1 -25a. doc a V Ch tA 6 i, i Id 7 h 't' 00 'tom # I (Rev. 2101) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: TILE COMMON COUNCIL.: DATE: November 25, 200$ FROM- DEPARTMENT: Economic Development, Permit and Inspection Services DIVISION: Executive SUBJECT: AM &A's Warehouse ECIDA PILOT Agreement Authorization PRIOR COUNCIL REI {ERENCE. None Ex. (Item No. , C.C.P.__� TEXT: (TYPE SINGLE SPACE BELOW Your I lonorable Body is hereby requested to approve a PILOT Agreement between the City of Buffalo and the Erie County Industrial Development Agency (ECMA) in substantial form to the attached sample agreerncM. �� t \ The proposed $10 million project at 361 Washington Street involves the conversion and renovation of the former AM &A's warehouse into mixed use development with 15,000 square feet of first floor office space and up to 48 new housing units. To fund the project, a PILOT agreement is needed, which will be similar in content and form to others authorized by Council. The level of the P1.L01' is proposed to cover a large gap, in part, fueled by the anticipated state historic tax credit that was proposed at the State level -,it the conception of this project. It dial not become law. While the rate of the PILOT is higher than standard ECIDA pilots, the term is shorter, only 6 years. This enables the project to match the tern3 of tax credits and seek anticipated bank refinancing after the 1 repays project loans. 'Phis mixed use project enables the office tenant to stay in downtown buffalo and contributes to the 50 new job count anticipated. The additional tax revenue generated as a result of the resulting project's new assessed value (estinnated by the City Assessor to be approximately $6.1 -6.7 million) will be used for the period of the pilot to offset project costs_ Because this project is in a New York State Empire Zone, the State will contribute its own rebate of taxes (called a QEZE Real Property Tax Credit) above and beyond the ECIDA PILOT. The challenge with the adaptive reuse of a large number of underutilized buildings, particularly in downtown, is the gap between the rehabilitation costs and the revenue generated from rents or sales. The cost to "cure" a building (asbestos remediation, code compliance, rernodcling for new uses, fixtures, furniture equipment, etc.) is similar to New York City, but the rents able to be charged are far less, creating; a large `Buffalo gap." 48 units of downtown mid- income housing downtown adds to the residential density downtown at a different price point than typically offered by higher end rental projects seen to date. Its creative €tse of historic tax erediis to bring approximately $1.9 million and $ 5.3 million in out of state New Market `fax Credits would be joined by the ECIDA pilot and other sources, including approximately $959,907 of owner equity to make the project work. Empire State Development Corporation has yet to make its loan approval. This file is being introduced to the Buffalo Common Council before the ECIDA Board of Directors considers this PILOT agreement, because of tinning — the project needs all approvals in 2008, To wait for ECIDA's approval to introduce this PILOT to the Common Council would not meet the timelines for the eligible New Market Tax Credit, the commitments for which expire this calendar year. The draft agreement submitted with this Council file is included and will be largely consistent in form and content to that the ECIDA will approve. The specific terms of that agreement will be determined by the ECIDA, but this Council action is seeking authorization of a P11.01' amount up to and to not exceed. $225,000, the a mount cumulative City taxes contemplated under the PILOT schedule. REFERRED TO THE COMMITI'FE ON I., �'� t J 'YPF. !)FPARTME.NT UVAD NAME: Brian�Reilly 1 � \ TYPE TITLE: Commissi 1 er SIGNATURE OF DEPARTMENT HEAD: PILOT APPLICATION AGREEMENT THIS PILOT APPLICATION AGREEMENT, made and entered into as of December 77 2006 (this "Agreement "), by and among ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY, a corporate governmental agency constituting a body corporate and politic and a public benefit corporation of the State of New York, duly organized and existing under the laws of the State of New York (the "Agency"), having is principal office at 275 Oak Street, Buffalo, New York 14203, the CITY OF BUFFALO, a New York municipal corporation having its principal office at City Mall, Buffalo, New York 14202 (the "City "), HYDRO -AIR COMPONENT'S INC., a New York corporation, having its principal office at 4950 Camp Road, Hamburg, New York 14075 (the "Company ") and IISBC: BANK USA, NATIONAL ASSOCIATION, a national banking association having its principal office at One HSBC Center, Buffalo, New 'Fork 14243 (tile "Barak "). Terms used herein, unless otherwise defined, shall have the meanings specified in the Schedule of Definitions attached as Schedule A to the Indenture of Trust dated as of December 1, 2006 between, the Agency and 11SBC M ulk USA, National Association, as Trustee (the "Indenture "). BACKGROUND 1. The Company has agreed to undertake thu acquisition of a 3141- acre parcel of land and the construction of a 152,700+/- square foot manufacturing facility and related improvements, and the acquisition and installation of machinery and equipment, all to be used for manufacturing and related purposes (the "Project "). The Project is located at Steel Fields Site Area IV, 100 Abby Street (on the site of the former Republic Steel facility), Buffalo, New York, which is a distressed area of the City of Buffalo that has been environmentally contaminated, The Project will dramatically improve the area, by facilitating the environmental remediation of the Project site and the redevelopment of the site as a manufacturing facility, which will result in an increased tax base, retainedfinereased employment witlrin Erie County and the City of Buffalo and the resulting positive economic benefit for the surrounding community. 2. Based upon the public benefits which will res frorn the Project, in the form of job creation, rernediation and redevelopment of a contaminated property, elimination of a blighting influence on the City's downtown area and an increase in property values and property tax revenue, the City has agreed that a part of the payments in lieu: of real estate taxes ( "PILOT Payments") generated by the Projeot for a 10 -year period would be made available to pay a portion of the debt service with regard to the construction of the Project. 1 The Company has agreed to a proposed 15 -year payment -in -lieu of tax schedule for tlxe Project pursuant to which the Company is to make PILOT Payments to the County of Erie (the "County ") for the full 15 -year term and to the City for the first ten (10) years of such terra in mi amount equal to the City and County real estate taxes that would be payable with respect to the Project if the Agency did not have a Iaasehold interest in the Project and had no ownership or control thereof, with payments to be made to the City fox years 11 -15 based on the Agency's standard 15 year real property tax abatement schedule (which payments over the 15- year tern shall be, referred to herein as the "PILOT Schedule "). l 4. The Company is en t e ring into a company lease agreemcut ( "Company Lease") with the Agency pursuant to which the Company will lease the Project to the Agency for a term expiring on December 31, 2023, The Company and the Agency will, in turn, enter into am Installment Sale Agreement (the "Installment Sale Agreement ") pursuant to which the Agency will sell its interest in the Project to the Company. As a result of the terms of such Company Lease, the Project shall be exempt from real property taxes and assessments, beginning with the 2008 -2009 tax fiscal year of the City and the 2009 tax fiscal year of the County, under the provisions of Section 874 of the New York General Municipal. Law ( "GML ") and Section 412 -a of the New York Real Property Tait lava, subject, however, to completion and filing by the Agency of an application for tax exernptiotn, and the assessor's approval thereof, on or before December 1, 2007. 5. The Company and the Agency are contemporaneously herewith entering into an Agreement for Payinnent in Lieu of Real Estate Taxes in the foznxn of Exhibit A hereto (as amended from time to time, the "PILOT Agreement ") pursuant to which the Company is agreeing to make PILOT Payments in accordance with the terms of the PILOT Schedule. 6. Based upon the PILOT Schedule, the PILOT Payments to be received by the City alnd the Conty will not be allocated between the City and the County in proportion to the amotwt of real property tax and other takes which would have been received by the City and County had the Project not been tax exempt due to the status of the Agency; however, based upon the public benefits to be derived by the City from the Project, as more particularly described herein, the City is willing to agree to such disproportionate treatment as required Lander Section 858 (15) of the GML. 7. At closing, the Bank, as the Initial p rchaser, will purchase and hold the Bonds -for its own account until the Tax - Exempt Conversion Date, 8. On the Tax- Exempt Conversion Date, the Bank will issue its irrevocable, transferable, direct pay letter of credit (the "Letter of Credit') to HSBC Range USA, National Association as trustee (the "Trustee ") and the Trustee will draw on the Letter of Credit for the sole purpose for making debt service payments on the Dat (as hereinafter defined). 9, Pursuant to a Letter of Credit Reimbursement Agreement between the Company and the Bank (the "Reimbursement Agreement "), the Company is obligated to pay to the Bank all principal, interest and all other sums owing; on the Taxable Bonds and to reimburse the Bank for draws on the Letter of Credit. 10. The Company, the City, the Bank mud the Agency wish to enter into this Agreement to provide for the application of a part of the City PILOT Pay rents (as hereinafter defined) toward payment under the Installment Sale Agreement on the Taxable Bonds and, after the Tax- Exerrngt Conversion Date, the reimbursement of the Bank for draws on the Letter of Credit. The use of the City PILOT Payments for such purposes is in furtherance of the economic development purposes of tlne City. ..2_ NOW, THEREFORE, for valuable consideration, the parties agree as follows: ARTICLE I CONSTRUCTION SECTION M. Background, no provisions under the caption "Background" are- incorporated into this Article 1, as if fully set forth herein, and made a part of the parties' agreement under this Agreement. Capitalized terms used in this Agreement which are defined in the "Background" provisions shall have the meanings given them therein. SECTION 1.2, Defined Terns. All capitalized terms not otherwise defined in this Agreement shall have the meanings specified in the Indenture. SECTION 1,3. Other Definitions. A. "Applied Amount" means the portion of each City PILOT Payment to be remitted to the Bank in accordance with Section 2.1 of this Agreement, in an aggregate amount not to exceed $1,300,838.00. The Applied Amount for eaeb year of the PILOT Schedule is_ 80% of the City PILOT Payment, for each of City fiscal years 2008 -2009 and 2009 -2010; 70% of the City PILOT Payment, for each of City fiscal years 2010 -2011 and 2011 -2012; 60% of the City PILOT Payment, for each of City fiscal years 20122013 through and including 2016 -2017; and 50% of tho City PILOT Payment for City fiscal year 2017 -2018. Notwithstanding the foregoing, upon the earlier to occur of (i) payment in full of the Debt Service Requirement to the holder of the Debt or (ii) the aggregate Applied Amount remitted hereurrdex equaling °x1,300,838.00, the Applied Amount shall be reduced to 0% of the City PILOT .Payment. B. "City PILOT Payment" means each payment in lieu of real estate taxes payable under the PILOT Agreement for City tax fiscal year 2008 -2009 through and including City tax fiscal year 2017-2018, C. "Debt" meazls the Agency's taxable or tax - exempt Industrial Development Revenue Bonds (Hydra -Air Components Inc. Project), Series 2006 with an aggregate principal amount of no 1 - nore than $9,800,000.00, the proceeds of which will be used to pay costs of the Project. D. "Debt Service Requirement" means the aggregate amount required to be paid over the tern of the, Debt to tuake all principal and itfterest payments on the Debt. ARTICLE II APPLICATION OF PILOT PAYMENTS SECTION 2,1. Application of Payments. F City tax fiscal years 2008 -2009 through and including 2017 - -2018, the City hereby directs the Agency to remit, and the Agency shall remit, as soon as practicable but in no event later than 30 stays from receipt of any City PILOT Payment, the Applied Amount of such City PILOT Payment into a restricted account of the -3- Company dedicated to payment to the Bank of principal of, and interest and other sums awing are the Taxable Bonds and, on and after the Tax - Exempt Conversion Date, reimbursement of the Bank for draws on the Letter of Credit (Account No, 860 - 63814 -6, HSBC Bank USA, National Association, 11 Main. Street, Hamburg, New Yolk 14075) (she "Account "), and the balance of any such City PILOT Payment to the Department of Assessment: and Taxation, Tax Division 121 City Hall, Buffalo, New York 14202, or such other place as may be, designated in writing from tame to time by the City. The foregoing direction by the City shall be irrevocable. Notwithstanding the foregoing, once the Debt Service Requirement has been paid in full or once the aggregate Applied Amount equals $1,300,838,00, whichever occurs first, the City PILOT Payments shall be remitted in whole to the City. The Bank covenants and agrees to apply the funds deposited in the Account only for the purposes set forth Herein. In the event any morries are remitted into the Account after the Debt Service Requirement has been paid in full, the Bank shall within five (5) Business Days remit any such sums deposited into the Account to the City. i the event any monies are remitted into the Account after the aggregate Applied Amount equals $1,300,838.00, then the Bank shall, five (5) Business Days after receiving a written demand from the Agency or the City or otherwise obtaining actual knowledge that the amounts remitted have exceeded the lesser of the Debt Service Requirement or $1,300,838.00, remit any monies received pursuant to this Agreement in excess of the lesser of the Debt Service Requirement or $1,300,838,00 to the City, provided, however, that the Sank does not assume any affirmative obligation to monitor the aggregate Applied Amount remitted hereunder. SECTION 2.2. City Consent. The City hereby irrevocably (a) consents to the terms of the PILOT Agreement (including a consent to the disproportionate treatment of the City, as required under Section 858(15)), (b) directs and authorizes the Company to make City PILOT Payments to the Agency pursuant to the terms of the PILOT Agreement, (e) directs and authorizes the Agency to accept the City PILOT Payments on behalf of the City, (d) acknowledges and agrees that receipt of each City PILOT payment by the Agency and the remittance thereof, in accordance with the provisions of Section 2.1 of this Agreement, constitutes receipt by the City pursuant to GML Section 874(3), and (e) waives any rights (including rights for late, payments penalties under GML Section 874(5) and to sue the Agency to recover payments under GML Section 871(6)), as Iong as the Agency complies with the provisions of this Agreement. SECTION 23. Subsequent Payments. Commencing with City tax hscal year 2018- 2019, payments made by the Company to the City under the PILOT Agreement shall be made directly to the City, as more fully set forth in the PILOT Agreement. ARTICLE III OTHER PROVISIONS SECTION 3.1. No Pecuniary Liability. A. No provision, covenant or agreement contained in this Agreement or any obligations liereum or the breach thereof, shall constitute or give rise to or impose upon the Agency a pecuniary liability or a charge upon its general credit, except in the case the Agency fails to remit the City PILOT Payments actually received by the Agency in accordance with the terms of this Agreezrient. In making the agreements, provisions and covenants set forth in this .Agrecamment, the Agency has not obligated itself except for the delivery of the City PILOT payments, as hereinabove provided. B. All covenants, stipulations, promises, agreements and obligations of the Agency contained herein shall be deemed to be covenants, stipudations, promises, agreements and obligations of the Agency and not of any member, director, officer, eraployea or agent of the Agency in his or her individual capacity, and no recourse shall be had for any claim based on this Agreement against any member, director, officer, employee or agent of the Agency. SECTION 3,2, Indemnification. Each party to this Agreement represents that this Agreenment is an enforceable obligaiion of such party, and indemnifies and holds the other parties to this Agreement harmless against any loss, cost, expense (including reasonable attorney's fees and expenses) and any liability, claim, action or proceeding, arising frOM any assertion that this Agreement is not the enforceable obligation of such party. In addition, and provided that the Agency complies with its obligations under the PILOT Agreement and this Agreement, (a) the City, the Company and the Bank indemnify and hold the Agency harmless against any loss, cost or expense (including reasonable attorney's fees and expenses) and any liability, claim, action or proceedings, arising out of this Agreement, o ther than with regard to the gross negligence or willful misconduct of the Agency, and (b) the City, the Bank and the c release the Agency from all liability arising out of this Agreement, other than liability for breach of this Agreement by the Agency (but subject to the provisions of Section 33 hereof), aimd other than with regard to the gross negligence or willful ;`misconduct of the Agency. SECTION 3.3. Modifications, Assignments, Other. This Agreement (i) may not be amended. or modified orally or by any course of conduct among the Agency, the City, the Bank or the Coinpany, but may be amended or modified only by a writton agreement duly executed by the parties hereto, (ii) is binding upon and inures to the benefit of the Agency, the City, the Bank and the Company, and their respective: successors and assigns, (iii) constitutes the entire, agreement: among the Agency, tire, City, the Bank and the Company with respect to the subject matter of this Agreement, and supercedes all oral and written proposals, representations, understandings and agreenmcnts previously made or existing with respect to such subject matter, and (iv) shall bo governed by and interpreted and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of law. SECTION 3.4. Attorneys Fees. In the event any partybrings an action or proceeding to enforce this Agreement, the prevailing party shall be entitled to recover its damages and any reasonable attorney's fees and expenses incurred in connection with any such action. SECTION 3.5. Notices. All coxnm of the parties required hereunder shall be in writing and (a) delivered in person (to be effective when so delivered), or (b) mailed by registered or certified email, retmu n receipt requested (to be effective two business days after the date it is deposited in the US, email), to the party at the address set forth on the preamble to this Agreement (or to such other address as such party shall desigriated in writing complying with this Section 3.5, delivered to the other parties). t#le IN WITNESS WHEREOF, the parties have hereto executed this Agreement as of the date first set forth above, E,RIB COUNTY Ii�1DUSTRIAL DEVELOPMENT AGENCY David . Kemhoff, .Assistant Treasurer STATE OF NEW YORK. S5. COUNTY OF ERIE ) lam .. On this L day of December, in the year 2006, before, the undersigned personally appeared David W. Kerehoff, personally blown to ixie or pxoved to me on he basis of satisfactOry evidence to be the individuals) whose name is subscribed to the within instrument and acialowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or person upon behalf of which the individual acted, executed the instrument, Notary Public VARNA, CNURCtt Notary public, State al fl" t Y # n�k Gourlr CAI In WOO Dtl�ll�6�� My Ccmmistinn �.p M APPROVED AS TO FORM ONLY - • ra ios� G'oun�'eT - Cor� STATE OF NEW YORK ss. COUNTY OF ERIE ? CITY OF BOPFALO B *ro , n W. Brow , Mayor On this Lf day of December, in the year 2006; before, the undersigned- Personally appeared Byron W. Brown, personally known to nee ar proved to tno can he basis of satisfactory evidence to be the individual(s) whose name. is subscribed to file within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or person upon behalf of which the individual acted, executed the instrument. Notary Public JOHN VINCENT HEFFRON Notary pubiic, State of New `lark No. o2HE4860576 Qualified in Frio Countyy my Corn,missiorn F-Viros may a, 2010 HYDRO ICONENTS INC. By: Wad, President By: I 6vin T. Koch, Chief Financial Officer STATE OF NEW YORK } = ss. COUNTY OF ERIE �^ y " On this _J day of December, in the year 2006, before, the undersigned persona.11y ap p ea red Walter I. Zurowski, personally known to me or proved to me on he basis of satisfactory evidence to be the individuals) whose mine is subscribed to the within instrument and acicnowledged to me that he executed the same in his capacity, and that by Isis signature on the instrument, the individual, or person upon behalf of which the individual acted, executed the instrument. f Notary Public DIRNE K, M(CH Mari Public, Stag, of Bart 1'fd' 011011ed fa 0,10.5n& Cnnr My Coffl6ssion 1:.:piro!; 01131/20 STATE OF NEW YORK ss. COUNTY OF ERIE } On this day of December, in the year 2006, before, the undersigned personally appeared Kevin T. Koch, personally known to me or proved to me on he basis o£ satisfactory evidence to be the, individual(s) whose name is subscribed to the within instrument and m acknowledged to e that he executed the same in his capacity, and that by his signatwe on the instrument, the individual, or person upon behalf of which the individual acted, executed the instrument. Notary Public hiyCa�r�;7isti ^, f pifn; l_ii /3 I'm [0 HSBC BANK USA, NATIONAL ASSOCIATION By: kZ0 Mark, Senio iae President Commercial Banking Department STATE OF NEW YORK ) . ss. COUNTY OF ERIE ) On this ff day of December, in the year 2006, before, the undersigned personally appeared Mark F. Zeis, personally Iurowll to me or proved to me on he basis of satisfactory evidonce to be the individual(s) whose name is mbscribed to the within i and acknowledged to me that he executed the same in his capacity, and that by his sigrkaiwe an the instrument, the individual, or person upon behalf of whi the individual acted, oxecuted the instrument. 41" 1 Notary Public MAN - , H. CHURCH Notary Public, 5tato of Nvayork Quarto in 0110205 CoRV., my Comm €55iol WINS 01131120— BXRMYF A PILOT Agreement AGREEMENT I, OR PAYMENT IN LIEU OF REAL. ESTATE TAXES This is W , agreement dated as of December 1, 2006, between the ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY (the "Agency„) an d HYDRO-AIR COMPONENTS INC. (the "Company ") for the making by the Company of certain payn"Onts in lieu of real estate takes, as required by the hlstallm,-nt Sale Agreeinent between the parties, entered into as of Decerabcr 1, 2006 (the, "Installment Sale A.greernent"). The Agency and the Company each accept and agree to the following statements or terms. This Agmemeat for Payment in Lieu of Real Estate Taxes will be referred to herein as the 'PILOT Agrootnent," Section 1. Defe Unless ofhervvise deed herein, the terms used in this PILOT Agreement shall have the meanings specified in the Schedule of Definitions attached as Sched_ ule A to the Indenture of Trust dated as of December 1, 2006 betweeix the Agency and ITSBC Bank USA, National Association, as Trustee, Section 2. A ena Tax Exei! tion. Subject to the completion and filing of an Application for Tax Exemption by the Taxable Status Date and the approval of the Application for Tax Exemption by the Assessor, tl�e p r oject shall be exempt from Real Estate Taxes commencing with the 2008 -2009 tax fiscal year of the City and the 2009 tax fiscal your of the Col)nty. The Company shall provide the Agency with all information required to complete the Application for Tax Exemption and shall provide such additional infonnatioa and take such aetions as are required by the Assessor in order to process and approve the Application. In the event the exemption from Real Estate Taxes is denied for any mason, the Company agrees to pay all Real Estate Taxes Icvied upon the Project as they become due and in such event the Company shall have no obligation to payments in lieu of real estate taxes under this PILOT Agreement. To the extent permitted by law, 2 the Company shall Dave the right to protest such denial subject, however, to the conditions set forth ill Section 6.3 of the Installment Sale Agreement. The Company hereby waives any clan or cause of action against the Agency, and releases the Agency from any liability to the Company, Rising from the denial of an exemption from Real Estate Taxes except to the extent that such denial results solely from the failure of the Agency to file the Application for Tax Exemption with the Assessor by the Taxable Staters Date. Section 3. ©Wl, ation of the Cora an to Make Pa e�rts iz Lzeu of Taxes. Subject to the approval of the Application for Tax Exemption, the Agency shall require and the Company agrees to make payments in lieu of Real Estate Taxes (hereinafter referred to as the "PILOT Payments ") pursuant to the terms of this Pll_.OT Agreement. The parties agree and acknowledge that payments made hereunder are to obtain revenues for public purposes, and to provide a revenue source drat the affected tax jurisdictions would otherwise lose because the subject parcels will not be ono the tax rolls. Section 4, Taxin- Authorities and Amnoun11. {1] As used in this PILOT Agreement, the term "Full Taxes" for each governmental agency or taxing wait shall rxzaan all Real Estate Takes that would be payable to such governmental agency or taxing unit with respect to the Project if the Agency were rot in leasehold title and had no ownership or control thereof, sa that no exemption from Real Estate 'axes was available for the Project due to the status of the Agency. U11til the commencement of the County tax fiscal your 2409 and City tax fiscal year 2008 -2009, the Company shall continue to pay all appropriate taxing authorities all Real Estate Taxes due as if Agency had no interest in the Project. Thereafter, the Company shall make PILOT Payments oil the land and buildings constituting the Project (SBL# 132.12 -1- 4.121), in accordance with this Section 4. The total PILOT Payments r 1 �f 3 required under this PILOT Agreement are not allocated among the affected tax jurisdictions in Proportion to the amount of Real Estate Taxes and other taxes which would have been received by each affeetcd tax jurisdiction had the Project not been tax exempt due to the status of the Agency and the Agency's leasehold interest in the Proj ect, however, the City (which will receive less than its proportionato share) has consented to this PILOT Agreement in accordance with Section 858 (15) of the General Municipal Law. (2) For County tax fiscal years 2009 through and including 2023 and for City tax fiscal years 2008 -2009 through and including 2017 -2018, the Company shall oral {e PILOT payments on the Project to (a) the County, in an amount equivalent to Pull Taxes that would have been paid to the County for such tax fiscal year, and (b) the City, in an amount equivalent to Full Taxes that would. have been paid to the City for such tax fiscal year. Payment for each County tax fiscal year must be made by February 15 of that year, or such payment shall be considered delinquent. 50% of each payment for each City tax fiscal year must be made by July 31 of that year with the, balance paid by December 31 of such year, or such payment shall be considered delinquent. Each county PILOT PapnQnt shall be remitted directly by the Coinpany to the County at County of Erie, Room 100, 95 Franklin Street, Buffalo, New York 14202, or such other place as may be designated in writing to the Company from time to time by the, County, Each City PILOT Payment made pursuant to this paragraph (2) shall be made to Erie County Industrial Development Agency, 275 Oak Street, Buffalo, New York 14203, or to such other address as may be designated in writing to the Company f rom tune to tune by the Agency. The City, the Agency, the Company and HSBC Bank USA, National Association (the `Barae') have entered into a PILOT Application Agreement (the "PILOT Application Agreement "), Pursuant to which the City has irrevocably divested itself Of the right to receive future PILOT Payments under this paragraph (2), and has acknowledged that 4 receipt of such payments by the .Agency shall be doemed to be receipt by the City. Such PILOT Application Agreement provides that the Agency will remit a portion of the amount received for tax fiscal years 2008 -2009 t1viou911 and including 2017 -2018 to the City, with the balance to be remitted by the Agency to dare Sank for deposit in a restricted account pursuant to the PILOT Application Agreement for use in accordance with the PILOT Application Agreement. (3) For City tax fisral years 2018 -- 2019 through and including 2022 -2023, the Company shall make payments in lieu of taxes on the Project to the City in accordance with this paragraph (3). Such payments in lieu of taxes shall have a land component and a variable component, The land component shall be based upon the then current tax rate for the then current tax fiscal year applied against the then cwTent assessed valuation of the non- depreciable portion of all tax parcels comprising the Project (assessed as land). Tlac variable component shall be based upon the then current tax rate applied against the then current assessed valuation of the depreciable portion of all tax parcels comprising the Project (assessed as buildings or other improvements). The payments in lien of general levy real estate taxes to the City shall be in air amount equal to the City Land PILOT Payment plus the City Variable PILOT Payment (as such terms are defined below) for each such tax fiscal year. The City Land PILOT Payment for each tax fiscal year shall be ail amount equal to the City tax rate then in effect for such tax fiscal year, applied against the then current assessed valuation. of the non- depreciable portion of all tax parcels constituting the project (assessed as land). The City Variable PILOT Payment for each tax fiscal year shall be an amount equal to the City tax -rate in effect for such tax fiscal year, applied to fifty percent (50 %) of the then current assessed valuation of the depreciable portion of all tax parcels comprising the Project (assessed as buildings or other improvements). Each such payment shall be made by the Company directly to the City of Buffalo, Mparbnent of Assessment, Tax Division, 121 City I-Tall, Buffalo, New York 5 1 4202 or to such other address as may be designated to the Company fi -0111 time to time by the City. 50% of payments for caell tax -seal year must be, made by July 31 of that year with the balance to be paid by December 31 of such year, or such payment shall be considered delinquent. (4) In addition to the payrents required by Paragraphs (2), (3) and (7) of this section, the Company shall pay all special assessments, charges and other Impositions that are levied against the Project as if the Agency did not have an interest in the Project. (5) The payments required under Paragraphs (2) and (3) of this section shall in no event be wore than would be otherwise payable as Full Taxes on t11e Project. (6) Each of the foregoizig payments shall be made on or before the data the particular tax would have been due if the Agency did not have an interest in the Project. (7) Upon the termination of the periods shown in Paragraphs (2) and (3) of this section for the respective taxing jurisdictions, the Company shall maire PILOT Payments i - 11 an amount equal to Full Taxes oil tho Project. Each such payment to the County shall be delivered to County of Erie, Room 100, 95 Franklin Street, Buffalo, Now York 14202, or such other place as reay be designated in writing to the Company from time to time by the County, and each such payment to the City shall be delivered to City of Buffalo, Department of Assessment, Tax Division., 121 City Hall, Buffalo, New York 11202, or such other place as may be designated to the Company from time to time by the City. PILOT Payments for each County tax fiscal year must be made by February 15 of that year, or such PILOT Payments shall be, considered delinquent. 50 11 /6 of each required annual PILOT payinont for cac11 City tax fiscal year In t be inade by July 31 of that year with the balance to be made by December 31 of such year, or such PILOT Payment shall be considered delinquent. n section 5. Proxation During the last year of the terra of the Company Lease, the Company may prorate any of its PILOT Payments on the basis of the actual period for which the Agency has a leasehold interest in the Project, so that there shall exist no period of time for which tbu Company is Obliged to n3alce PILOT Payments in addition to the actual tax payments to which the Project is subject, under current law, at the time of tecanveyailce back to the Company under the I Sale Agreement and Company Leasc> Section G. Obli ations and Iti its of the Corn an Relat to Tax Assessn?en �d Levies. (1) Subject to the pxavisions of the Installment Sale Agreement, the. Company in cooperation with theAgency shall.: (a) cause the appropriate real estate tax assessment and talc levy officers to assess the Project and apply tax rates to the respective assessments as if the Project were owned by the Company; (b) cause the appropriate real estate tax o fficers to submit to the Company, when the respective types of taxes are leaned an privately owned property, statements specifying the respective amounts and due dates of taxes involved in this PILOT Agrccmerkt which the appropriate taking authorities would receive if such property were so owned by the Company; and (c) file any accounts or tax returns required with the appropriate officer or officers. (2) The payments the Company is required to rauko under this PILOT Agreement are subject to the Company's rights, hereby granted, (a) to obtain reductions in the assessed valuation of the Project (except as set forth below) or to obtain exemptions and disco if vny, which would be 7 worded to a private owner of the Projcct (cxcept as set forth in Section 11 of this PILOT Agreement), and (b) to seek to obtain refunds of any such payments made including payments made pursuant to this PILOT Agreoznent, The Agency sllakl join in any procedure for obtaining relief under this paragraph to the extent that the A consent is required for the, Company to undertake such procedure; provided, however, that the Company shall continue to make the PILOT Payments required by this PIVOT Agreement adjusted for any reduction as provided above so long as the Installment Sale Agreerneut shall remain in effect. Notwithstanding the foregoing, the Corrapany agrees not to seek any reduction of the assessed valuation of the Project below that designated by the City Assessor on the Taxable Status Date until after the 2017 -2018 talc fiscal year of the City. Section 7. Default ixl l'a ent in L ieu pfTaxes In the event the Company fails to make or a full tax fiscal year or years or for a portion of a any such PILOT Payments when clue, whether f tax fiscal year pursuant to Sections 4 or 5 hereof, the amount or amounts sa in default shall continue as an obligation of the Company until fully paid. In addition, the Company shall pay (i) a late payment penalty equal to five (5 ° / o) percent of t o delinquent amount, and (ii) for each month, or part thereof, that the payment is delinquent beyond the first month, interest an the total amount due plus the late payment penalty, equal to the greater of (a) one (1 6 16) percent per month, or (b) the rate of interest charged by the applicable taxing jurisdiction on delinquent real estate taxes, until such delinquent payment is made in full. The Agency and the Company hereby acknowledge the right of the City and the County (in addition to the Agency) to recover directly fTom the Company any amounts so in default pursuant to General Municipal Law §874(6). The Company shall promptly notify the Agency of any action brought, or other measure taken, by a thing authority to recover such amounts. It is understood that the right of any taxing authority herein acknowledged is in Et 8 addition to, and shall not impair, the Agency's own' rights arising from a breach of this PILOT Agreoment. Should the Agency, the City, or the County cornmenee any action to recover directly from the Company any amounts so in default, such parties shall be entitled to recover from the Company the amount due, the late payment penalty, interest, expenses, costs and disbursements, together with the reasonable attorneys' fees necessary to prosecute such action or proceeding. Section 8. Effect of Fulfillment of the R uirement. Once having paid the amounts regiii by this PILOT Agreement, the Company shall not be required to pay any Real E5tatc Taxes (including, without linAtation, any Full Taxes) for which PILOT payments have been made, Section 9. Effect of Events ofDefault. (1) The following shall constitute' of Default" hereunder: (a) The Company fails to rrFake any PILOT Payment required hereunder, or fails to perform any other obligation imposed on the Companyhereunnder. (b) The occurrence and continuance of any Event of Default as defined in the Installment Sale Agreement. (2) If the Project is not being used in accordance with the Act or the Installment Sale Agreement, or if an Event of Default occurs, the Company shall make PILOT Payments ore tlnc Project in such amounts as would be payable as Real Estate Taxes levied on the Projoct if the Project were owned by the Company: 'rho applicable: tax assessment and tax levy rates shall be those inn effect in the records of the appropriate taxing authorities. (3) The period for the PILOT Payments required by Paragraph (Z) of this section shall commence On the slate the Agency declares i writixig(a) that the use of the Proj ect under the Act or the Installment Sale Agreement is not being complied with, or (b) that tin Event of Default has occurred and is continuing. A \'& V �7 Section 10. Survival of the Co rn__pany'. Qbli a fivrs, The, obligations o� the Cr�rnpany under this PILOT Agreement shall survive the termination or expiration of the Installment Salo Agreement and the Company Leasu, for whatever :reason terminated or expired, This PILOT Agreement shall be binding upon, and shall filure to the benefit af, the parties and their respective successors and assigns. section 11. Waiver of RPTL 485we Exemption i consideration of the Agency entering into the Company L.oase and the Installment Sale Agreement and enkring into this PILOT Agreement with regard to the, Project, and for other goad and valuable consideration, the receipt and sufriciency of wl-ich is hereby aelmowledged, the Company hereby waives any light that the Connpaxy may have now or in the future to apply for an exemption Rom Real Estate Taxes with regard to the project under RPTL §485 -e. This waiver shall survive any termination or expiration of t1l.is PILOT Agreement, for whatever reason terminated Or expired, Section 12. Noti=. Any notices requited under this PILOT Agreement shall be given in accordance with the provision of Seetion 12.1. of the installment Sale Agreement. [Balance of p Intentionally Left Blank NO N WITNESS WHEREOF, the Agency and the Company have caused this PILOT Agreement to be executed by their Authorized Representatives, all as of the date first above written. ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY By: David W. verchoff, Assistant Treasurer IIYDRO-AiR. COMPONENTS INC. By: Wait ley: Kevin T, I och, Chief Financial Officer STATE OF NEW YORK ).: COUNTY OF ERIE ) On the 1 -l"' day of December, in the year 2006, before me, the undersigned, a Nptaiy Public in and for said state, personally appeared David W Kcrchoff, personally known to me or proved to me on the basis of satisfactory evidence to by the individual whose name is subscribed to the within instrument and acknowledged to rue, that he executed the same in his capacity, W and that by his signature on the instrument, the individual, or the person upon behalf of which the indivridual acted, r xeciated this instrument. s Notary Public • Dl.�rlt Il. CHiJfiC'H Nofay Public, Slat,-) of PIm Yortr ualificJ ira (irl;rrr�s COM0 16 STATE OF NEW YOB ) My f oninissic�a Cxpirtst, 31/20 My SS.. COUNTY OF ERIE ) _ :. On the 2/da of f December, in the year 2006, before me, the undersigned, a No Public in and for said state, personally appeared Walter J. Zurowsld, personally known to me or: proved to one on the basis of satisfactory evidence to by the individual whose name is subscribed to the within instrument and admowledged to me that he executed the same, in his capacity, and that by his signature on the instrument, the ind idual, or the person upon behalf of which the individual acted, executed this instrument, Notary Public DIANE 1S, CifVRCf9 Way public, st- ut Nut Yorti Qualifioe if, o[JR3rIs Cr c;r�ry & MY Cnm11i Miim 10. -as 01/3..1/241,__ STATE OF NEW YORK } SS.. COUNTY OF ERIE On the clay of December, in the year 2006, before me, the undersigned, a Notary Public in and for said state, personally appeared 14evin T. Koch, personally known to me or proved to me on the basis of satisfactory evidence to by the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. Notary Public DIANE X. Cmr"I Notaly k�r1�513c, FG;n, ni ptr.�.� Yrr c QFlililils'L� 1il (�rrr �;j.z f;niifil�,' �� C� 1 CITY OF B UFFALO R ESOLUTION By Brian Davis: WHEREAS, Signature Development is proposing a $10 million conversion and renovation of the former AM &A's warehouse complex at 361 Washington Street into a mixed -use office and residential complex( "project "); and WHEREAS, the buildings have been vacant for approximately 20 years and are a slum and blighting influence on the neighborhood; and WHEREAS, the three of the four buildings in the complex were built between 1895 and 1910 and have been listed on the National Register of Historic Places; and WHEREAS, Signature Development is proposing to preserve and restore the three historic buildings, including the historic facades facing Washington Street; and WHEREAS, Signature Development is proposing to offer 28 of the 44 apartments at rents that will be more affordable to a larger proportion of downtown workers; and WHEREAS, the commercial tenant in this project is expected to create 50 new jobs; and WHEREAS, the project faces extraordinary costs due to the age and historic nature of the buildings and other factors relating to the conversion of the buildings from a warehouse to office and residential uses; and WHEREAS, the City of Buffalo has an interest in preserving and retaining the downtown structures; and WHEREAS, the City of Buffalo has an interest in eliminating slum and blighting conditions in the downtown; and WHEREAS, the City of Buffalo has an interest in providing more affordable housing options for middle income workers and residents of the City; and WHEREAS, it is in the public interest of the City of Buffalo to forego future real property tax revenues to fund the removal of slums and blight, preservation of the facades of the historic buildings on Washington Street, and encourage affordable housing and job creation; and WHEREAS, the Project is is eligible for tax exemptions under Real Property Tax Law 485 - a and 485 -e, WHEREAS, the 485 -a tax exemption for mixed -use properties, applies for the first eight years to 100% of the increase in assessed value of such property attributable to conversion of non - residential property to mixed -use and then decreases at 20% intervals for years 9 through 12; and WHEREAS, the 485 -e exemption for properties located in Empire Zones, applies for the first seven years to 100% of the increase in assessed value of the property attributable to construction, alteration, installation or improvement and then decreases at 25% intervals for years 8 through 10; and WHEREAS, Signature Development can also be designated a Qualified Empire Zone Enterprise (QEZE) under the Empire Zone Program because the property is located in an Empire Zone;and 1 �. , WHEREAS, the QEZE designation entitles Signature Development to a tax credit for real property taxes; and WHEREAS, the tax credit applies for the first 10 years to 100% of the "credit amount" or "capital investment amount," and authorization for this PILOT for up to, but not more than 10 years; and WHEREAS, the tax credit also applies to Payments in Lieu of Taxes (PILOTs) made to a municipal corporation pursuant to a written agreement approved by the Department of Economic Development and the Office of Real Property Services; and WHEREAS, Your Honorable Body is hereby requested to approve a PILOT Increment Financing which utilizes the QEZE Real Property Tax Credit under the New York State Empire Zone Program, wherein the City would continue to receive the full amount that it would be entitled to under 485 -a or 485 -e of the NYS Real Property Tax Law; NOW THEREFORE BE IT RESOLVED, that this project serves the public interest by redeveloping a slum and blighting influence, preserving historic structures, encouraging affordable housing options and encouraging job creation; and it is further RESOLVED, that contingent upon Signature Development waiving the benefits available pursuant to Section 485 -a and 485 -e of the Heal Property Tax Law, and contingent upon the City of Buffalo receiving as a minimum the amounts it is currently receiving today, this Body authorizes the Mayor or the Commissioner of Economic Development, Permit and Inspection Services to enter into a PILOT Application Agreement and any other agreements as necessary with the Erie County Industrial Development Agency, to allow for the City to be paid, at a minimum, the amount it would have received under 485 -e or 485 -a of the Real Property Tax law and for the allocation of payments received by ECIDA, in excess of this amount, to be directed to the project to accomplish the public interests herein described. f •. FROM THE CITY CLERK. Nov 25, 2008 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 416 pearl St 1104 Elmwood Aire 3051 Main St RECEIVED AND FILED Nov 25, 2008 Business Name 416 Pearl St Coles Parker Robbins LLC Owner's Name Dwain Laws David ,7. Shatzel Parker Robbins f U November 14, 2008 Dwain Laws 196 Wallace Ave Buffalo NY 14216 City Clerk's Office Room 1308 City Hall Buffalo NY 14202 Dear City Clerk's Office; Please be advised that it is the intent of Dwain Laws to develop the property located at 416 Pearl St, Buffalo NY 14203 as a restaurant/bar and live entertainment venue. Our goal is to provide an intimate, lively and comfortable atmosphere. The venue will be host to live entertainment of different forms, exceptional alcohol and non- alcoholic beverages and a restaurant that will provide exceptional food, service and quality. We anticipate opening this venue by the end of 2008. The name of the establishment has not yet been determined. Sincerely, ti Dwain Laws EJ'J7 , 1104 ELMW00r) AVENUE BUFFALO, NFvv YOFiK 14222 (!1 6) € 86 -1 449 November 5, 2008 City Clerk's Office City Hall Buffalo, NY 14202 Re: Liquor License Additional Bar Application #3005692 Dear City Clerk, This is to notify you that Cole's Restaurant is applying for an additional service bar with the NYS Liquor Authority. Sincerely, a David J. Shatzel President 1 f November 18, 2008 Buffalo City Clerk City Hall Buffalo, NY 14202 RE: PARKER ROBBINS LLC 3051 Main Street Buffalo, NY 14214 Dear Sir /Madam: Please be advised that. subject is applying to the New York- State Liquor Authority for an On- premise liquor license for the premise located at 3051 Main Street, Buffalo, NY. Very truly yours, Edtfick J. l�klleher ABC Consulting Services 265 Densmore Street Buffalo, NY 14220 Q (716) 823 -2434 CC: State Liquor Authority �a 3 (" 7? a 4, C__J r� No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor /Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks- x Police- Patricia A. Gentzler Fire- Corporation Counsel- Community Services- Economic Development & Pennit and Inspection Services- Management Information Systems Administration, finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. Nov 25, 2008 SIN PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARJ'MBNT: DATE: Novet er 18__20_ POLICE, DIVISION: SUBJEC "r: : Leave of Absence I� I� 1= PRIOR COUNCIL, REFERENCE: (IF ANY) : Item No. Ex. (Item. No. xxx C.C.P. xx /xx /xx) TEXT: ( "TYPE SINGLE SPACE BELOW RT Patricia Gentzler assigned to ffie Sex Offense Section has been grunted a personal leave of absence without pay for the period of 6 months commencing Novetnber 17, 2008 through May 17, 2009. I- 1MG /t10 TYPE D1 I'ARTMENT HEAD NAME: H. McCarthy Gipson TYPE TITLE: Commissioner of Police SIGNATURE OF DL',PARTMENT HEAD: F. TYPE OF LEAVE EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ MEDICAL ❑ FAMILY MEDICAL ❑ MILITARY ❑ - PERSONAL • THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILLI, SPOUSE, PARENT OR OWN MEDICAL I ,LTH IDIT6� (ADDITIONAL FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE. FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL. DATES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: I � MPLOYEE SIGNATUR 4 APPROVED 1 DENIED 1 APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMEWAL E UIPMENT POLICE INSPECTOR DATE APPROVED DENIED / ,� � r,.._ -_ _ . - ate t .� - :.. •� % l � �� POLICE C MIS IONER DATE CC: ORIGINAL - ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE. LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL L L_ *SSN: XXX - XX - � UNIT: _ _ * * LAST FOUR (4) DIGITS ONLY' C%/Mf AhfA rJe%Kf r%= 1 E7A% /=. ,� No, Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of parking Board of Stadium and Auditorium x Buffalo Sewer Authority 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. I_ Nov 25, 2008 41 SINGLE PAGE COMMUNICATION TO TFIE COMMON COUNCIL ` �. TO: THE COMMON COUNCIL: DATE November 05 2008 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION A SUBJECT [: BOARD AT TEN DANCE INTER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on November 5, 2008, in Room 1038 City Hall: Herbert I.,, Bellamy, Jr., Chairman John D. Kennedy, Sr., Vice Chairman Christopher Roosevelt, Assistant Vice Chairman John E. Kennedy, Jr., Assistant Secretary Absent: Eleanor C. Wilson- DiVincenzo, Secretary DEPARTMENT HEAD NAME DAVID P. COMERFORD TITLE: GENERAL ANAGER r SIGNATURE OF DEPARTM. ENT HEAD: w ` No. Appointments- Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs_ RECEIVED AND FILED. 1 Nov 25, 200 5 i 114 (Rev 7 -07) Certificate of Appointment 1 In co mpliance with provisions of Sec €ion 24 -2 of the Charter attd Chapter 35 -1 of the 01 - di oances of the City of Buffalo, I iransntit this certification of appoiotttrent(s) or promotion(s). I further certify that the persort(s) named iti Schedule "A" have been cartificd or approval by the tlurnan Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of November 10, 2008 EXECUTIVE MAYOR INTERN VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNCLASSIFIED Open - Competitive, Promotional, Non - Competitive, (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME TAYRIN TORRES DATE ADDRESS 80 PUTNAM STREET CITY & ZIP BUFFALO, NY 14213 LAST 4 DIGITS OF SSN, XXX -XX -2377 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 10301001 TITLE CODE NO 1775 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #&- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) BYOWN W. BROWN MAYOR .F No. Notices of Appointments - Seasonal /Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Nov 25, 2008 #3 (Rev 1-02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinance% of the City of Buffalo, I transmit this certification of appointme nt(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have heeu certified or approved by the Human Resources /Civil Service for the Appointment Effective: November 13, 2008 in the Department of Assessment and Taxation Division of to the Position of Clerk -- Seasonal Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $11.11 LAST JOB TITLE Seasonal Clerk NAME Tonya Stewart LAST DEPARTMENT Assessment/Taxation DATE 12119!07 ADDRESS 69 Rother Avenue LAST SALARY $11.111hr CITY & ZIP Buffalo NY 14212 LAST 4 DIGITS OF SSN. XXX -XX -2730 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -X 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: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTINC Martin F. Kennedy Commissioner November 14. 2008 OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL, SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) S� No. Appointments - Temporary, Provisional or Permanent 1 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 Nov 25, 2008 #3 (Rev 1 -02) I �lp 4 I Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointrnent(s) or promotion(s). 1 further certify that the person(s) named in Schedule °A" have been certified or approved by the IInman Resources /Civil Service for the Appointment Effective: l� in the Department of Division of to the Position of Public Works Streets Truck Driver Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM iFnter Starting Salary) : Starting Salary of $$27,646 LAST JOB TITLE Laborer 11 Seasonal NAME Michael P. Tedesco LAST DEPARTMENT DPW DATE 11108 ADDRESS 131 Fordham Drive LAST SALARY $11.11 hr CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX - -2045 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 6021 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -048 SALARY RANGE OF POSITION $27,646- $30,793 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: Potnmissioner DATE: 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 #8- DEPARTMENT 99- DIVISION #10- EMPLOYEE {S) 0 (Rev 1 -02) Certificate of Appointment III compliance with provisions or Section 24 -2 of the Charter and Chapler 35 -2 of file Ordininces of the City of Buffalo, I Imastnit this cel ification of' appointment(s) or promotion(s). I further certify that the Imson(s) earned in Schedule "A" have been certified or approved by the Human Resources /Civil Service for dic, Appointment Effective: 11/17/2008 in the Departmem of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT jl nter Starting Salary) : Starting Salary of. LAST JOB TITLE Sr 1 C1 Sta Engineer NAME Andrew Krawchuk LAST DEPARTMENT Buildings DATE 05/16108 ADDRESS 427 Forest Avenue LAST SALARY $11.1 CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SSN, XXX - XX - 6581 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2008 -004 SALARY RANGE OF POSITION $11.11 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner of Public Works, Parks & Streets 11 /14//2008 ORIGINAL + 3 CUPILS4'L3: G1 �T ULLKK fuNlBtl - UKL AF RUIN I Mtty f Uri I r1 OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE {S? 93 (Rev 1 -02) Certificate of Appointment ]n compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinatrces of the City or Buffalo. I transmit #his eertilacatioa, of alipoirnfmciit(s) or promotion(s). I further certity that the person(s) named in Schedule "A" have been certified or approved by the Ilutnan RcsomcesfCivil Service for the Appointment Effective: 11/17/2008 in the Departntcnt of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Tinter Starting Salary) : Starting Salary of $11.11 LAST JOB TITLE Sr 1 St Cl Sta Engineer NAME John P. Scanlon LAST DEPARTMENT Buildings DATE 10/05/08 ADDRESS 201 Cumberland Avenue LAST SALARY $11.11 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -8706 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REO. NO 2008 -004 SALARY RANGE OF POSITION $11.11 PER YEAR DAY HOAR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 111141!2008 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES : CITy ERK ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLE ##6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- - DIVISION #10- EMPLOYEE(S) 1 r� NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS Nov 25, 2008 \f � � Memorandum To: Deputy City Clerk Gerald Chwalinski From: Program Packaging and Development Services (PPDS) Provider Date: November 4, 2008 Regard Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on November 3, 2008: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated October 6, 2008 3. Fully Executed Phase III Application and Certificate for Payment No. 18 — September 2008 4. Fully Executed Phase II Application and Certificate for Payment No. 43 — September 2008 5, Phase III Application and Certificate for Payment No. 1.9 —October 2008 6. Phase IV Application and Certificate for Payment No. 4 -- October 2008 7. Program Packaging and Development Services (PPDS) Provider Update 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project — September 2008 9. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III — September 2008 RECf9'VFD AND FILED New York State Department of Environmental Conservation nivision of Environmental Permits, Region 9 270 Michigan Avenue, Buffalo, New York, 14203 -2915 Phone: (716) 851 -7165 • Fax: (716) 851 -7168 Website: www.dec,ny.gov November 17, 2008 Mr. William Grillo Principal Planner City of Buffalo Planning Board 901 City Hall Buffalo, New York 14202 Dear Mr. Grillo: Alexander B. Grannis Commissioner REVIEW OF DRAFT GENERIC ENVIRONMENTAL. IMPACT STATEMENT BUFFALO NIAGARA MEDICAL CAMPUS NORTH END PROJECTS CITY OF BUFFALO, ERIE COUNTY This Department has completed a review of the Draft Generic Environmental Impact Statement (DGEIS) for the proposed project of the Buffalo Niagara Medical Campus, which is located between North Street and Goodell Street and between Main Street and Maple Street in the City of Buffalo. We have prepared the following comments: The DGEIS was done well and seemed to cover almost any issue or impact that would occur. We do, however, have a couple of suggestions, minor in nature, that could clarify the Final Environmental Impact Statement. It was stated on page 2 -3 that an abandoned gas station will be removed as a result of the Skilled Nursing Facility construction. A sentence should be added that this is further explained on page 2 -44. Page 2 -41 states ...best practicable heating and insulation technology thus conserving energy usage." Will Green Building principles be considered for construction of the facilities? The rest of the DGEIS seemed complete in covering the details of the proposed project and its impacts. Please remember that all aspects of the proposed project that were covered in our SEAR Lead Agency letter of September 4, 2008 still apply and must be addressed satisfactorily. All construction and demolition activities should be done in accordance with NYS Department of Health and NYS Department of Environmental Conservation regulations. Whenever necessary, we look forward to continue working with the City of Buffalo on the review of this project. If you have any questions, please contact me or Ms. Lynne Judd of my staff at (716) 851 -7165. Sincerely, REFERRED TO THE COITTE ON $GSA TI Steven J. Doleski Regional Permit Administrator LEJ:jrf cc: Mr. Robert Derico, NYS Dormitory Authority Mr. Marc Romanowski, Harter Secrest & Emery LLP j City Clerk, City of'Buffalo `: American Consulting Professionals of New York, PLLC C & S Companies FL 1 j., 11/19/2808 14:49 OLMSTED CONU NO.589 POI t � I OLMSTW ' �csna �v� Conneeftg parks 6c people - ax Txansmi al -f orm. 'Date, November 1 2009 from: Thomas Henera- Mishler lec4u 04- President and CEO Fax number; Phone: 716. 38-1249 ext,10 Fax: 716 -5 -1300 Number of Pages: I (excluding caves sbee! Email: jmamullo @buffaloolu stedparks.org Dear Elected Officials, The enclosed documents reflec the official response of the Buffalo Olmsted Parks Conservancy regarding the Peace Bridge ExI ansion Project Seetian 106 - Adverse Effect Finding. The comments are written by Arthur J. Giacalone, Attorney at Law, retained by the Conservancy. The purpose of our November 8, 2008 communication was to express the Conservancy's stran� disc re +en with the finding _ Specifically that the proposed project, and the preferred alternative, in their words, 'wild not have an verse effect' on the ° rederick La w 0 L�ted dcsigr; d and r.�i�tcricail) desisted Front Park, Should you need further elatffiption, please contact Olmsted president & CEO, Thomas Herrera- M.ishter, at flwd iler@buffal stedpar or 716-838-1249 ext.13. The Btorlo Olmsted Parils Conservancy i an independent melobPrship- based, nor -for-profit orgunizatioro char promo; preserver, restores, enhances, and ensures maintenance of Frederick Law Olmsted - designed pales and parkways in the Greater Bu„f"alo area for current and future generations, F7rederick L Olmsted is cansidered to be America's greatest landscape architect. Buffalo, New York is home to rite first system of parks anti parkways designed by Olmsted and his partner, Calvert Yauc- The Olmsted system in Bu ado is listed on the National Register of Historic Places. It consists of six parks (Delaware. Man fn ,Luther King, Jr,, Front, South, Cazemovid and Riverside) and their connecting parkways, whidh makeup 75 percent of Buffalo's parkland REF III THE M ITTE � O N C tfi I Y DEVELOPMENT, Paarkside Lodge 84 Parksi a Ave. Buffalo, NY 14214 Phone: 716- 838-1249 F= 716. 935 -1300 wwwv.buffaloolmsfedparks.mg it A. I l-2 GU'VI0 1q : 4 I J WLI SIED CONV Fax: (716) 687 -1903 ARTHUR I GUCALONIE Attorney At Law 140 Knox Road P -O, Box 63 Fast Aurora, New York 14052 Telephone: (716) 687 -1902 E -mail: ajplaw @verizon.net November 18, 2008 Ms. Cleo Jones Regional Cultural Rt NYSDOT Region 5 100 Seneca Street Buffalo, New York 1 Re. Comments on PIN 5753.51 Dear Ms. tones: 1 have been retai "BOPC" or "Conservan, process, to prepare and : adverse effect for the Pe (hereinafter, "Preferred, This corresponds will, in fact, have an "ad Potential Effects (APE). communication is to exp that the proposed project an "adverse effect," for q New York State Departn Administration (FHWA) Wed to correctly and ob 800. I. The BOPC cQncu Protection Agency (EPAj F Coordinator Bridge Expansion Project § 106 Adverse Effect Finding by the Bnffato Olmsted Parks Conservancy (hereinafter, a !Consulting Party member in the Section 106 review rift the following comments on the proposed finding of Bridge Fxpansion Project under Ateemative 1 B -R5 ice will not focus on the conclusion that the preferred alternative erse effect" on specific historic properties within the Area of The BOPC concurs v4th those findings. The purpose of this .is the Conservancy's strong disagreement with the findings and, more specifically, the preferred altemative, will not have action 106 purposes, on Front Park, and to demonstrate that the ,nt of Transportation (NYSDOT) and Federal Highway hereinafter, referred to collectively as the "lead agency"] have Xtively apply the adverse effect criteria found in 36 CFR Part in with the conclusion of the United State's povironmenral contained in its November 29, 2007 letter to the FHWA, that N0.589 ©02 '� �y � x,,e.e� }Y • YJ UI...I'EJ E CiJ l„U1VV NO. SE39 1?03 s the proposed project's D is inadequate as a result of its failure to include a second "build" alternative considered viable by the lead agency: .. , EPA is cones ed that for all intents and purposes, the document includes only on ["build" aJterrtative. As stated in the draft EIS, shared border managem ' t negotiations between Canada and the united States are at an impasse, and are ikely to continue in the foreseeable future, Thus, the second alternative presen ed is not viable.... (Cjertainly the draft EIS could have presented anotherialternative to meet the project's purpose and need and Objectives, wheth4 from the original list of 59 alternatives in Appendix s, or a totally .new 41temkive, such us routing all truck trade to the Queenston- Lewiston Bridge... I Based on our re4w, we believe' that other reasonable alternatives having fewer environmental im acts than the preferred alternative, should be analyzed in the draft EIS. We ha a therefore assigned the proposed project and draft EIS a rating of EC -2, Enviro ental Concerns - Insufficient Information, [USEPA 11 -29 -07 letter io FRWA) This basic flaw in the September 2007 DEIS impacts, not only the NEPAISEQRA environmental review process, but also the legitimacy of the Seotion analysis. As reflected in various requirements set forth in 36 CFR Part BOO, the Se . ion 106 assessment was intended to be conducted when "the widest possible range of ternatives are under consideration,"' The absence in the DEIS of an in- depth analysis o multiple "build" alternatives (considered viable by the lead agency) greatly diminish s the ability of the PWHA and N'YSDOT to meaningfully reduce adverse impacts A historic resources, such as Front park, as well as on otter critical aspects of the environment that affect the residential community adjoining the Peace Bride site, includi* most significantly, human health, As recognized by the New York State Historic Preservation Office (SBPO) in its June 22, 2007 letter to 1✓c logy and Environment's Jwnes Criffs, "the three alternatives that utilize shared border customs services have the least affect fsicj upon historical/ cultural properties" in th project's APE. With that fact in mind, the Conservancy urges the lead agency to delay fi nalization of its Section 106 "adverse effect" .finding until either: (a) It can be deterjtined whetlier the Shared Board Management Option (SBMO) will be considered a "viable" alternative by the new Administration elected on November 4, 2001. If the answer to this inquiry is in the affirmative, the lead ' For example, Federal agenci�s are obliged to prepare "Consulting Parties" so that they can consult with agencies "early in the TEEPA E an p ncess, when the purpose of and need For the proposed action as well as the Widest a of altem fives are under considoratio ," 36 CFR 800.8(x)(2) (Emphasis add.ed.] Also see, 40 CFX 800,800.9 CXV). $ See, for example, the Nove 'her 13, 2007 DEIS comments submitted by Arthur 1, Ciacalone, Attorney_ % - I.aw, on behalf Of Clement i nd Karen Arrison. See, DETS, Appendix P, pugs 37 -38_ 2 11/19/2000 14:49 OLMSTED CONY NO.589 1?04 agency's Section 1 06 review should take into consideration the comparative impacts of the S$ O alternative and Alternative 15-115. Or, (b) If the S1f MO ontislues to be non - viable, the inadequacy of the DEIS, as described by the tPA, is rectified through the Supplemental Environmental Impact StateMentf (SEIS) proeess. Unless such steps[are taken, the 1~ WHA and NYSDOT will fail to fully and objectively comply with the letter and spirit of NEPA, SEQRA, and "Section 106.' II. Although the Vii "implementation of Altej this historic resource for document's text, nor "Tal Characteristics "), clearly by 36 CFR SO0.I I(e)(3). NYSDOT, front Park wt and the Niagara River. " the National Register of l Parkways Thematic Rest considered the most sign/ Front „ ): M ing Documentation” expresses its conclusion that ative 1 B -R5 .. , will not alter the characteristics that qualify sting in the National Register of Historic Places," neither the 2" (which includes a column entitled, "NRHP Qualifying letatifies what those "qualifying characteristics" are, as required U SBPO states in its August 13, 2007 correspondence to "originally designed by Olmsted to capture views of Lake Erie 'he significance of the lake and river views was emphasized in storic Place nomination form for the Olmsted Parks and ces, desetibing the feature tha Frederick Law Olmsted -want characieristic of Front Park (formerly known as "The ... [The Frond's i Lake Eric and the Olmsted felt, for 1 bluff`... Personall "This new public can be seen, I beli zief attraction was that it was a place from which to view vning of the Niagara River, the perfect backdrop, iblic ceremonies can a terrace planned for the top of the , Olmsted regarded the prospect from the front as unique. rapetty ...," he wrote "commands a river effect such as ve, nowhere else..." Failing to directly cknowledge the most significant aspect of Front Park in the "Finding Documentation, the lead agency ignores the adverse impacts of the preferred alternative on the public's views of the lake and river, and misleadingly claims that neither a towering comp 'on bridge, not any of the other d esigps consid in the DEIS, "would alter the cha racteristics that qualify historic architectural resources within " Regulations pramulg$ted unclar NEPA, such as 40 CFR 1502,9(c) and 23 CF`]t 771.130, and SEQRA, see 4 NYCRR 617.9(7), provide th lead agency with the authority and procedures to thoroughly assess environmental concerns that w re inadequately addressctl in the DEIS, or require review due to significant new eirauMsMflces or information_ $ See, DEIS, Appendix P, pag� 42. s See, DETS, Appendix P, pag 1 64. Also sec the detailed c omments o noted ©hnstedian s ch o lar Charles %yeddge, submitt&d to the FH tiVA and N'Y'SVOT with the Conservancy's June 26, 2008 correspondence. NO. 589 905 the APF for the NationallRegister." This assertion appears to conflict with the statement in the DIMS that, I 'visual Intrusion is affected by various factors such as height and scale of a proposed element," dnd the preliminary finding that, "views from Front Park and surrounding residential properties along Husti Avenue and Vermont Street are considered contributing to the significance of these historic properties. " The Cnnservancy[selievcs that the lead agency's conclusion that front Park will not be adversely effected�by the proposed project is belied by an examination of th existing views of Lake E e, the Niagara River and the Peace Bridge experienced at the Park. The accompanying photographs (attached to this correspondence as Exhihit.A) depict, in a less than perfict fashion, several of the existing views. A, Two of the photographs, one captioned, ►, View of 'water looking southwest from Front Park 1 �- 12 -08," and another captioned, "View of Water and Canada 100king west from Front Park 1 12 - 08," show views of Lake Erie that can be presently experienced at Front Park. The "Finding Documentation," at page 17, fails to directly address or assess the potential impacts on these views, and merely provides the follo 'ng conclusory statement: Changes ate proposed to connecting roadways adjacent to Front Park to they west and southwest, outside of the National Register property boundary. Bated on existing conditions, the proposed reconfigur Lion and construction of Ramps N', P, and PN adjacent to the sou west corner of the park will not negatively impact the historic significance, integrity, or recreational use of the Park, as tads area is already occupied by transportation uses. Without a descript ion of the plans for reconfiguring and reconometing Ramps N, P, and PN, and vi�wshed analyses from various vantage points in Front Park, the lead agency is not,in a position to objectively and rationally assess the impact of the proposed project on the views - caf the lake west and southwest of the park. El. A cornpar'son f the photograph captioned, "View of Water and Canada looking west front Front Park 11- 12 -08," with the photograph captioned, "Impact of Truck on view f Water and Canada looking west from Front Park 11 12 - 08," shows the extent o obstruction O f the existing view created by a. single truck. As is noted in the DEIS, the forecasted growth in truck traffic is expected to be "more aggressive" than 9 in automobile traffic. Despite this fact, the "Finding Documentation" fps to provide a meaningful assessment of the adverse affect on the views from Front Park of the additional truck traffic that would be generated and enhanced by the proposed project. It stands to reason that the proposed increases in the ca�acity of the bridge, plaza and roadway facilities to servo truck traffic would result in improved efficiencies, and that with such efficiencies even r DEIS, p4ge 317. DEIS, page 47. 4 NO. 509 l f larger numbers Jo=ks would be 4wuted to the Peace Bridge than under the "No Build" alte . C. The fourth p4tograph included in Exhibit A, captioned, „ View of peace Bridge from no cast section of Front Park I 1- 12 -08," shows the extent to which the existing toll b oths and facilities block the view of the Niagara River from Front Park. It als shows how visible the arch of the existing Pence Bridge is from Front Park. Given the fact that the maximum height of the existing Peace Bridge structure i approximately 164 feet (or, SO meters), it appears disingenuous, at est, for the lead agency to insist that a towering companion bridge, whether i is the 568 -foot (173- meter) two -tower cable -stay bridge preferred in the I)IS, or a modified "signature bridge," would not adversely effect views from Front Park, or alter the characteristics Wt qualify historic architectural resources within the APE for the National Register. flit, Fach of the environmental and/or historic Preservation laws utilized in the on- going review process by the .FHWA and/or NYSDOT recognizes the relevance of project's "cumulative" ef,eats or impacts: • The regulationsromulgated under the National Historic Preservation Act of 1966 (NHRP) state: "Adverseffects may include reasonably foreseeable effects caused by the undertaking that may occur later in time, be farther removed in distanO or be cumulative. 36 CFR 800.5(a)(1). NEPA's regulati ns require the consideration of direct, indirect and cumulative effects. 40 CFR 1508.7, 1508.8. "Cumulative impact" is defined as follows: [TIhe imp�ct on the environment which results from the incremental impact of°the action when added to other peat, present, and reasonab�j+ foreseeable future actions regardless of what agency (Federal o non - Federal) undertakes such actions. Cumulative impacts can result om individually minor but collectively significant actions taking pla over a period of time." 40 CFR 1508.7. [Emphasis added] - SEQRA's "criw tle for determining significance" include "changes in two or nts more eleme of environment, no one of which has a significant impact on the environment, ut when considered together result in a substantial adverse impact on the environment," 6 NYCRR 617.7(c)(1)(xi), and require the lead agency to "consrd r reasonably related long -term, short-term, direct, indirect and cumulative impac s..." 6 NYCRR 617.7(c)(2). 5 -- �-1 c.c»o 14 4J uLMSTED CQNV - Even the FHw, acknowledge the fashion, by provi (combined) proxi impair the activit7 under section Off Despite these legal ma " cumulative " impacts I agency greatly undere: of physical features wi s and the t atmospheric or audible historic f'eatures." "s regulations addressing the Section 4(f) review process mportance of "cumulative" impacts, although in a backhanded ing that a "constructive use" has not o ccearmd when "overall city impacts caused by a proposed project do not substantially s, features, or attributes that qualify a resource for protection 23 CfR 771,13*)(5)(vi). NO.589 PO? tes, the "Finding Documentation'" fails to assess the would result from the proposed project. In doing so, the lead ates the overall "change of the character of the property's use or the property's setting that contribute to its historic at to Which the preferred alternative "introduce[es] visual, nents that diminish the integrity of the property's significant Whether or not Wiy of the following proximity impacts would, individually, be considered significant enough to result in a finding of "adverse effect," it is the Conservancy's contentioij that, when considered together, they would significantly alter the characteristics that 4 alify Front Park for inclusion in the National Register and make it an important historic resource: A, Yis al imp act-, As is addressed in greater detail at faint Tf above, the Preferred alternative won d adversely affect views of the lake and river in a number of Ways. Additionally, the erms and walls pt'opcused as sound barriers along the notth and west borders of the Park ould not only impede the view of the Niagara River and Lake Erie, but would also disru t the character of the park by introducing; modern intrusions into a historic landscape, & Light Poll.utio . As stated on the Conservancy's 3une 26, 2008 carrespandence, "the Jig h generated by the new truck plate adjacent to Front Park together with the access rAmps to the plaza will greatly change the ambience and character of the Front p setting." C. Ai Pollution. Increased twk and automobile traffic resulting from construction of the prefe ed alternative would expose the users of Front Dark to increased Levels of so - cal ed "Mobile Source Air Toxics [MSA'T1, The failure of the ",Finding Documentation' to address the adverse effects of air pollution, on either .Front Park, or, more significan y, the residents of the adjoining neighborhood, is exacerbated i p Sue 40 CFR 800.5(1) & (2)( v) & (v). 1° S @C DEIS, Appendix B -N ise Analysis (US), page 5 -3. f ' Appendix A aecompanying, the September 2007 DEIS acknowledges that diesel exhaust "is likely to be carcinogenic to humans" and 'irepresents chronic respiratory effects, possibly the primary noncancer hazard from MSATs' ; that benzene is' "a known human carcinogen "; that formaidehyde is "a probable human carcinogen "; that 1,3- butadion is characterized as "carcinogenic to humans by inhalation ": and, that fs. I acetaldehyde is "a probable htt an carcinogen." See MIS, Appendix A - Air Quality Analysis (JS) - D. 5 - 6 -1W I "J I.LIYV NO. 587 U08 by the absence of at in pth assessment of the health impacts of the various alternatives ` in the DEIS." Of equal ncern is the fact that the proposed alternatives that could have Significantly reduced the egative impacts on the West Side neighborhood, including Front Park, such as a ne river crossing from Fort Erie to T onawanda ( "Alternative SGI- 1 ") or a new river cros�ng near the existing International Railroad bridge ( "Alternative IRR- 9 "), were eliminated From comideration daring the final seeping process. 15 For these reasons, the lead a ency's Section 106 review process must include meaningful consideration of the adv� se impacts of increased air pollution on Front Park, D. Noise Polluti n. When assessing the noise - related adverse effects on Front Park, the lead agency is dbliged to consider the "incremental impact" of the preferred alternative "when added to other past, present, and reasonably foreseeable future Actions.,, 4 E. es to th Historic Settiun . The "Finding Documentation" includes the following statements A finding of Adverse Effect is further supported by indirect impacts to the Prospect Hill HiAtoric District which compromise the historic setting within the neighborhoodicontext at the north end of the district. Proposed expansion of the existing Peace Bridge Plaza would require the demolition of residential, commercial, and i6titutionai structures on five city blocks north of the historic district..., replaci l og these structures with reconfigured transportation and inspection facilities. Although outside the district boundaries, the surrounding city blocks provid�e an urban setting that has retained qualities associated with its historic developmint during the district's period of significance (Co. 1880- 1955), exhibiting charac ' er- defining patterns of building density, setback and scale. Tice neighborhoo context of the district is also diminished by changes to The historic street gf i4 established n Buffalo during the early 19th century, prior to the district's period of significance.. Proposed changes— will disrupt historic circulation patterns, and alter visual and spatial relationships by terminating the existing streetsca a with the expanded Plaza facilities, or the landscaped buffer— 12 i '2 Fo a detailed discussion o th is issue, see the November 13, 2007 DEIS continents submitted by Arthur L Giacalone, Attorney -at -Law; on behalf of Clement and Karen Arrison. 17 Llsred as one of Altemativo SG I 's s potential benefits is the following: lq"his alternative has the potential to reduce negatly� environmental impacts in the existing Peace Bridge neighborhood." DE%S, Appandix 5 - Final SCoping D cumcnt - p. 339. M Listed as one of Alterpativ IRR -9's Substantial potential benefits is the fallowing: "This altemative has the potential to reduce Regativ environmctttal impacts in the existing Peace Bridge neighborhood by avoiding the Ate4 to eXpand into nearby neighborhood and avoiding the disrmoon and displacement of numerous historically significiik structures near the Peace 1311d9e DEIS. Appendix S Final Scoping Document - p. 341. Additionally, this alternative, "Offers Opportunities to restore parkland and green space new uhe existing Peace Bridge " Id. 13 See DEIS, Appendix S -P al Scraping Daft rent- p. 339.341. 16 See 36 CFR 8003(a)(1) ant do CI;P. 1508.7. 7 OLMSTED CONY ` NO.589 909 rt� For some unexplained re on, the lead agency fails to acknowledge that the s "changes to the historic s tong" would ame also indirectly and adversely im act Front Park b altering the neighhorhooicontext and urban P y Olmsted park thri�red during its period f preeminence. This Omission with the conclu in the September 2007 DE19 ;that, "D;minis residential setting,,, woui result is an "Adverse Effect,, on Front park-, r ntury urban IV. The lead en far s to ex lain the contrast betwee the D Alternative S cunclu ion t at .i n's will result in an "Adverse Ei Feet" on Front Par and the F'r�din ncu Dmerrtatian'a deter tnatin0 that the Alternative MRS will not. 11*11 The September 2 DEIS concludes that "Aiterruitive 1" [also referred to as "IB- R3 "j "will result in an A verse Effect to the following 23 historic resources: Front Par Th k; Peace .Bridge; 717, 721 &r 771 Busti A „1 B ,� venue... e Summary of for NRHP Listed and NiRHP Eligibl Historic Properties" table [Table 4 -9) found at page 319 of the LEIS references two fact�rs that contribute to the "ADVERSE EFFECT" "Removal of Baird Drive 9th lI and entrances with regarding and planting," and f D d m nishment of 1 and early 20th ce#itury urban residential setting." According to the "Findin Doewnentation," the moJificat to Alternative IR - that have resulted in cteation of the new preferred altema 've, Alternative M RS, constitute "minor design changes." Nonetheless, the lead agicy has Concluded that Alternative Section 106 "Adverse !?fect" on Front Alternative 1 B -RS will not result in a The FH'U4r`A and I YSDOT must provide the Consulting Parties and the public with an explanation of ur y the criteria of a —'Ve "e effect that _ihey found applicable to Alternative I H -R3 are in pplicable to Alternative 1 B - 1x..5, Unless and until the lead agency convincingly exp airs how "minor design changes" to such a massive undertaking Can rationally justify a finding Of "no adverse effect," the BQPC will continue to strenuously challenge the conclusion that the peace $ridge Expansion Project will no t diminish the integrity of Front Park's location, desi o any vaiicy will also co' time to respectfully request s etting , fur fe eling er ns de�rat on t be given o any and all options an altematives.available to eliminate, minimize and mitigate the adverse effects on Front Park and other elements of the Olmsted Parks and Parkway Thematic Resourcos. Thank you for your consideration of these written comments and the prior submissions and cornrnen�s made by the BQPC in its capacity as a Consulting Party. Respectfully yours, Enc, Arthur J. Ciacalone Ia 1tS, Table -9, !d � Page 319, d page 346. ra See 36 CM Safi, i I (eys)„ I O� fF�F C� G" 5 2 COUNTY OF ERIE CHRIS COLLINS COUNTY Exrcu'riv1 s 1,4Y ERIE COUNTY PARKS, RECREATION & FORESTRY November 14, 2008 Ms. Jacqueline E. Rushton Senior Legislative Assistant Common Council Staff Office 65 Niagara Street Room 1413 Buffalo, New York 1.4202 -3318 „_a-r � r „_ l'O v��F Ms . t��u� ��,vl,, Enclosed please find the information that you requested from the Erie County Parks Department in a letter dated October 29, 2008. We have included an inventory list of all Erie County Parks Department City Division Equipment, along with a list of all Parks Department City Division employees. If you have any further questions, please do not hesitate to contact me. Sincerely, James E. Hornung Sr. Commissioner Parks, Recreation and Forestry (716) -858 -7037 Erie. 2 ON lea Y i RATH BuILDING - 95 FRANKLIN STRF..'r • Bupi N.Y. • 14202.(716) 858 -6000 • Nrnxnv.LR1E.e0v Pe rs No Sdm 9796 Agro Gaetano AFSCME Permanent PARK UTILITY WORKER (CITY) GRP 05 5 Competitive 9909 Berry Herbert AFSCME Permanent LABORER 11 (CITY GRP 03 5 Non-Competitive 14845 Browning Ericka AFSCME Cont Perm Prob RECREATION INSTRUCTOR (CITY) GRP 06 1 Competitive 15629 Brozyma Jacob AFSCME Perm Probation COMMUNITY RECREATION AIDE (CITY) RPT GRP 05 0 Competitive 9797 Bundy David AFSCME Permanent PARK UTILITY WORKER (CITY) GRP 05 5 Competitive 979B Calamita David AFSCME Permanent CARPENTER (CITY) GRP 07 5 Competitive 7114 Campobello Salvatore AFSCME Permanent RECREATION INSTRUCTOR (CITY) GRP 06 3 Competitive 9803 Daniels Michael AFSCME Permanent RECREATION INSTRUCTOR (CITY) GRP 06 5 Competitive 9804 Defames Michael AFSCME Permanent PARK SUPERVISOR I (CITY) GRP 08 5 Competitive 9806 Deltapenta Kevin AFSCME Permanent PARK SUPERVISOR I (CITY) GRP 08 5 Competitive 15237 Delmonaco Vincent AFSCME Provisional MOTOR EQUIPMENT MAINTENANCE SUFV RPT GRP 07 1 Competitive 9$06 Dempsey James AFSCME Permanent RECREATION INSTRUCTOR (CITY) GRP 06 5 Competitive 9807 DiCioccio Nunzio AFSCME Permanent PARK UTILITY WORKER (CITY) GRP 05 5 Competitive 12474 Doll Wifiam AFSCME Perm Probation COMMUNITY RECREATION AIDE (CITY) GRP 05 3 Competitive 9809 Dunbar Patrick AFSCME Permanent RECREATION INSTRUCTOR (CITY) GRP o6 5 Competitive 9808 Durfee William AFSCME Permanent PARK SUPERVISOR I. (CITY) GRP 08 5 Competitive 9823 Dziedzic Jeffery AFSCME Permanent PARK UTILITY WORKER (CITY) GRP 05 5 Competitive 15314 Fields Jason AFSCME Perm Probation PARK UTILITY WORKER (CITY) RPT GRP 05 1 Competitive 9810 Fracos John AFSCME Permanent RECREATION INSTRUCTOR (CITY) GRP 06 5 Competitive 9811 Fray Patrick AFSCME Permanent PARK UTILITY WORKER (CITY) GRP 05 5 Competitive 9615 Harrington James AFSCME Permanent RECREATION INSTRUCTOR (CITY) GRP 06 5 Competitive 13839 Hom Joseph AFSCME Provisional MOTOR EQUIPMENT MECHANIC (CITY) GRP 09 2 Competitive 9817 Hornung Sr. James AFSCME Permanent HEAD STADIUM GROUNDSKEEPER GRP 08 5 Competitive 9824 Kopecky Alexander CSFA Permanent BUDGET EXAMINER (CITY) GRP 11 5 Competitive 9825 Krainik Jeffrey AFSCME Permanent HEAD GROWER (CITY) GRP 07 5 - Competitive 15235 Leonard Brian AFSCME Perm Probation PARK UTILITY WORKER (CITY) RPT GRP 05 1 Competitive 9827 Liebner Jeffrey AFSCME Permanent RECREATION INSTRUCTOR (CITY) GRP 06 5 Competitive 12600 Maracle Marcia MC Parmanent DIRECTOR OF RECREATION -CITY GRP 13 1 Competitive 9828 Marranca Paul AFSCME Permanent PARK UTILITY WORKER (CITY) GRP 05 5 Competitive 9831 Martinez Fernando AFSCME Permanent PARK UTILITY WORKER (CITY) GRP G5 5 Competitive 9836 Middlebrooks Larry AFSCME Permanent COMMUNITY RECREATION AIDE (CITY) GRP G5 5 Competitive 9837 Milovich Michael AFSCME Permanent RECREATION INSTRUCTOR (CITY) GRP 06 5 Competitive 9849 Mustafa Arlene OSEA Permanent STENOGRAPHER (CITY) GRP 03 5 Competitive 9840 Niver Richard AFSCME Pemmnent RECREATION INSTRUCTOR (CITY) GRP 06 5 Competitive 9861 Norris David AFSCME Permanent MOTOR EQUIPMENT MECHANIC (CITY) GRP 09 5 Competitive 9858 Pepke Gary AFSCME Permanent RECREATION INSTRUCTOR (CITY) GRP 06 5 Competitive 9643 Propis John AFSCME Permanent PARK UTILITY WORKER (CITY) GRP 05 5 Competitive 9845 Rogers Stephen AFSCME Permanent COMMUNITY RECREATION AIDE (CITY) GRP 05 5 Competitive 9848 SchwertfegeT Ronald AFSCME Permanent PARK UTILITY WORKER (C" GRP 05 5 Competitive 13995 Snyder Jennifer AFSCME Perm Probation COMMUNITY RECREATION AIDE (CITY) GRP 05 1 Competitive 15526 Snyder Jr. Paul AFSCME Provisional PARK UTILITY WORKER (CITY) RPT GRP 05 1 Competitive 12277 Steinwandel Justin AFSCME Permanent RECREATION INSTRUCTOR (CITY) GRP 06 3 Competitive 9850 Stevens Kenneth AFSCME Permanent PARK UTILITY WORKER (CITY) GRP 05 5 Competitive 9851 Stokely Paul AFSCME Permanent PARK UTILITY WORKER (CITY) GRP 05 6 Competitive 9910 Sumbrum Colleen AFSCME Permanent LABORER It (CITY GRP 03 5 Nan - Competitive 10038 Swaringer Phillip AFSCME Permanent PARK UTILITY WORKER (CITY) GRP 05 5 Competitive 7054 Syracuse Jack AFSCME Perm Probation PARK UTILITY WORKER (CITY) GRP 05 5 Competitive 9852 Tompomwaki Gary AFSCME Permanent RECREATION INSTRUCTOR (CITY) GRP 06 5 Competitive 9853 Wilkinson Jim AFSCME Permanent PARK UTILITY WORKER (CITY) GRP 05 5 Competitive 9856 Wo!cik James AFSCME Permanent SUPERVISOR OF RINKS & POOLS GRP 07 5 Com Nye "i 9M�WR r. 7 77, A MR, 7 575 20,7019-7,77 SET, W %1' Inventory acquisition asset Busine: Cost Q Asset Serial # License Room or Quantity Acquisition Condition Number Year Description Area (P (Park) Location Building Cost Comment 280165 Portable Air Tank 10 Gal 164 4010 Delaware Labor Center Repair Area $ 50.00 266234 chair, brown /wood 164 4010 Delaware Labor Center Office $ 50.00 old 266233 chair, brown/wood .164 4010 Delaware Labor Center Office $ 50.00 old 266241 chair, brown/wood 164 4010 Delaware Labor Center Office $ 50.00 old 266242 chair, brownlwood 164 4010 Delaware Labor Center Office $ 50.00 old 26487 office chair/grey 164 4010 Delaware Labor Center Office $ 50.00 old 266280 office chairlblack 164 4010 Delaware Labor Center Office $ 50.00 old 266279. office chairlblack 164 4010 Delaware Labor Center Office $ 50.00 old 266237 office chair/blue 164 4010 Delaware Labor Center Office $ 50.00 old 266281 office chair /green 164 4010 Delaware Labor Center Office $ 50.00 old 266230 office chair/blue 164 4010 Delaware Labor Center Office $ 50.00 old 266243 office chair/brown 164 4010 Delaware Labor Center Office $ 50.00 old 266245 office chairlbrown 164 4010 Delaware Labor Center Office $ 50.00 old 266246 office chair/brown 164 4010 Delaware Labor Center Office $ 50.00 old 266255 office chair /blue 164 4010 Delaware Labor Center Office $ 50.00 good 266257 chair, black 164 4010 Delaware Labor Center Office $ 50.00 old 266258 chair,black 164 4010 Delaware Labor Center Office $ 50.00 old 266261 red office chair 164 4010 Delaware Labor Center Office $ 50.00 good 266249 chairlblack 164 4010 Delaware Labor Center Office $ 50.00 old 266248 chairlbrownlwood 164 4010 Delaware Labor Center Office $ 50.00 old 266282 chairlblack 164 4010 Delaware Labor Center Office $ 50.00 old 266267 chair /blue 164 4010 Delaware Labor Center Office $ 50.00 good 266268 chair /blue 164 4010 Delaware tabor Center Office $ 50.00 good 266266 office chairlblue 164 4010 Delaware Labor Center Office $ 50.00 good_ 266772 office chair /purple 164 4010 Delaware Labor Center Office $ 50.00 old 266269' office chair/grey 164 4010 Delaware Labor Center Office $ 50.00 old 266273 office chair /black 164 4010 Delaware Labor Center Office $ 50.00 old 266283 office chair/grey 164 4010 Delaware Labor Center Office $ 50.00 old 280166 Floor Jack 164 4010 Delaware Labor Center Repair Area $ 100.00 280167 Floor Jack 164 4010 Delaware Labor Center Repair Area $ 100.00 280172 Floor Jack 164 4010 Delaware Labor Center Repair Area $ 100.00 280179 Floor Jack 164 4010 Delaware Labor Center Repair Area $ 100.00 280187 Floor Jack 164 4010 Delaware Labor Center Repair Area $ 100.00 Poor 280190 280163 Air Lift - Gray Power Washer - Jenny Stea 164 164 4010 Delaware Labor Center Repair Area $ 100.00 Poor 280164 Push Mower - Troy Silt 164 4010 Delaware Labor Center 4010 Delaware Labor Center Repair Area $ 150.00 208169 Push Mower - Troy Bilt 164 4010 Delaware Labor Center Repair Area Repair Area $ $ 150.00 150.00 280170 Push Mower - Troy Bilt 164 4010 Delaware Labor Center Repair Area $ 150.00 53465 280174 Push Mower -Yard Master 164 4010 Delaware Labor Center Repair Area $ 150.00 280180 Cheatah Bead Seater 164 4010 Delaware Labor Center Repair Area $ 150.00 280194 Chop Saw - Milwaukee 164 4010 Delaware Labor Center Repair Area $ 150.00 53466 Pale Saw - Echo 164 4010 Delaware Labor Center Repair Area $ 150.00 280231 Push Mower - Yar Master 164 4010 Delaware Labor Center Main Barn $ 150.00 265165 Push Mower - Troy Bilt 164 4010 Delaware Labor Center Main Bar $ 150.00 280243 Push Mower - Troy Bilt 164 4010 Delaware Labor Center Main Bar $ 150.00 280253 Weed Whacker - troy Bilt Plow - Meyers 8` 164 164 4010 Delaware Labor Center Main Barn $ 150.00 Good 280254 Plow - Meyers 7` 164 4010 Delaware Labor Center 4010 Delaware Labor Center Main Barn $ 150.00 280262 280290 Nut All 164 4010 Delaware Labor Center Main Barn Maim Barn $ $ 150.00 150.00 AUCTION Weed Whacker - troy Bilt 164 4010 Delaware Labor Center Main Barn $ 150.00 280291 Push Mower -Yard Machine 164 4010 Delaware Labor Center Main Barn $ 150.00 280292 Weed Whacker - troy Bilt 164 4010 Delaware Labor Center Main Barn $ 150.00 53452 280308 Pole Saw - Stihl 164 4010 Delaware Labor Center Main Barn $ 150.00 Push Mower -Yard Machine 164 4010 Delaware Labor Center Main Barn $ 150.00 280309 Push Mower - Troy Bilt 164 4010 Delaware Labor Center Main Barn $ 150.00 280310 280327 Blower Blower - Little Wonder 164 164 4010 Delaware Labor Center Main Barn $ 150.00 280328 Push Mower - Troy Bilt 164 4010 Delaware Labor Center 4010 Delaware Labor Center Basement $ 150.00 poor 245863 ModemllBM 164 4010 Delaware Labor Center Basement Office $ $ 150.00 150.00 266252 Monitor/Viewsonic 164 4010 Delaware Labor Center Office $ 150.00 Fair Fair 245994 266259 Modem /IBM 164 4010 Delaware Labor Center Office $ 150.00 Fair 245340 • Monitor / iewsonic Modem /IBM 164 4010 Delaware Labor Center Office $ 150.00 Fair 266271 Printerthpdeskjet 5650 164 164 4010 Delaware Labor Center 4010 Delaware Labor Center Office $ 150.00 Fair 280168 Battery Charger - Solar 164 4010 Delaware Labor Center Office Repair Area $ $ 150.00 200.00 Fair 280175 NAPA Battery Charger 164 4010 Delaware Labor Center Repair Area $ 200.00 280186 Bench Grinder - Dayton 164 4010 Delaware Labor Center Repair Area $ 200.00 280191 280192 Metal Press - Arbor Press 164 4010 Delaware Labor Center Repair Area $ 200.00 280193 Bench Grinder - Dayton 164 4010 Delaware Labor Center Repair Area $ 200.00 Drill Press - Rockwell 164 4010 Delaware Labor Center Repair Area $ 200.00 280313 Dewalt Radial Arm Saw 164 4010 Delaware Labor Center Carpentry Room $ 200.00 280314 Delta Drill Press 164 4010 Delaware Labor Center Carpentry Room $ 200.00 280315 Grinder - Wonder 164 4010 Delaware Labor Center Carpentry Room $ 200.00 280317 Swing Saw ' 164 4010 Delaware Labor Center Carpentry Room $ 200.00 280318 Key Making Machine 164 4010 Delaware Labor Center Carpentry Room $ 200.00 280319 Panel Saw 164 4010 Delaware Labor Center Carpentry Room $ 200.00 280320 Shaper - Walker Turner 164 4010 Delaware Labor Center Carpentry Room $ 200.00 280321 Disc Sander 164 4010 Delaware Labor Center Carpentry Room $ 200.00 280322 Rockwell Cutter Head 164 4010 Delaware Labor Center Carpentry Room $ 200.00 280323 Table Saw - Newman 164 4010 Delaware Labor Center Carpentry Room $ 200.00 266270 Desk(office)White top /metal 164 4010 Delaware Labor Center Office $ 200.00 266277 desk(office)Brown /metal 164 4010 Delaware Labor Center Office $ 200.00 266275 Desk/wood 164 4010 Delaware Labor Center Office $ 200.00 266260 Desklmetal 164 4010 Delaware Labor Center Office $ 200.00 266263 Desk/metal 164 4410 Delaware Labor Center Office $ 200.00 266256 Desk/storage /wood 164 4010 Delaware Labor Center Office $ 200.00 266251 Desk/metal 164 4010 Delaware Labor Center Office $ 200,00 266254 Desklmetal 164 4010 Delaware Labor Center Office $ 200,00 266244 Desk/metal 164 4010 Delaware Labor Center Office $ 200.00 266253 Desk/metal 164 4010 Delaware Labor Center Office $ 200.00 266278 Desklmetal 164 4010 Delaware Labor Center Office $ 200.00 266235 Desk/metal 164 4010 Delaware Labor Center Office $ 200.00 266236 Pile Cabinet/grey 2 drawer 164 4010 Delaware Labor Center Office $ 200.00 266229 Pile Cabinet/black 4 drawer 164 4010 Delaware Labor Center Office $ 200.00 266230 Fiel cabinetlblack 4 drawer 164 4010 Delaware Labor Center Office $ 200.00 266231 File Cabinet/black 4 drawer 164 4010 Delaware Labor Center Office $ 200.00 266232 File Cabinet/black 4 drawer 164 4010 Delaware Labor Center Office $ 200.00 266239 file cabinet/ 4drawer 164 4010 Delaware Labor Center Office $ 200.00 266276 file cabinet/ 5drawer 164 4010 Delaware Labor Center office $ 200.00 266264 file cabinet? 4 drawer /black 164 4010 Delaware Labor Center Office $ 200.00 266265 storage desk/6 drawer 164 4010 Delaware Labor Center Office $ 200.00 266262 file cabinet/ 5 drawer 164 4010 Delaware Labor Center Office $ 200.00 266247 7' conference table 164 4010 Delaware Labor Center Office $ 200.00 266240 7' conference table 164 4010 Delaware Labor Center Office $ 200.00 266284 fie[ cabinetIT 2 doors 164 4010 Delaware Labor Center Office $ 200.00 280181 Welding Tank & Torches 164 4010 Delaware Labor Center Repair Area $ 350.00 280184 Wire Feeder - Miller 164 4010 Delaware Labor Center Repair Area $ 400.00 t1 . . t1 l old l l old old l l old l O l l l old l old l l r 109- 280249 Spreader - Lely 164 4010 Delaware Labor Center Main Barn $ 400.00 296081 Stihl 191 Chain Saw 164 4010 Delaware Labor Center Forestry Truck $ 450.00 296083 SUN Pro Chain Saw 164 4010 Delaware Labor Center Forestry Truck $ 450.00 53461 Stihl Chain Saw 164 4010 Delaware Labor Center Forestry Truck $ 450.00 280183 Miller Arc Welder on Cart 164 4410 Delaware Labor Center Repair Area $ 500.00 280209 Seeder - jacobson 164 4010 Delaware Labor Center Cold Room $ 500.00 280268 Pioneer Striper 164 4010 Delaware Labor Center Main Barn $ 500.00 280269 Sod Cutter - Ryan 164 4010 Delaware Labor Center Main Barn $ 500.00 280316 Letter Machine 164 4010 Delaware Labor Center Carpentry Room $ 500.00 296082 Stihl 084 AV Chain Saw 164 4010 Delaware Labor Center Forestry Truck $ 650.00 280213 York Rake (for 545) 164 4010 Delaware Labor Center Cold Room $ 800.00 280311 Ammco Brake Service Centi 164 4010 Delaware Labor Center Vinny's Office $ 800.00 280324 Trench Digger - Case 164 4010 Delaware La PKT 8106 Basement $ 800.00 280136 Equipment Trailer - 12' Kristi 164 4010 Delaware La PKT 9709 L -60512 Outside $ 1,000.00 280137 Equipment Trailer 164 4010 Delaware La PKT 9600 L -60479 Outside $ 1,000.00 208144 Equipment Trailer - Landoll 1 164 4010 .Delaware Labor Center L -60518 Outside $ 1,000,00 208145 Equipment Trailer- Hurst 164 4010 Delaware Labor Center AH -71522 Outside $ 1,000.00 208146 Equipment Trailer 164 4010 Delaware Labor Center C -75784 Outside $ 1,000.00 208147 2002 Equipment Trailer - Cross 0 164 4010 Delaware Labor Center M-44493 Outside $ 1,000.00 280152 Equipment Trailer 10' 164 4010 Delaware La PKT - 9602 Outside $ 1,000.00 280232 Equipment Trailer - Kristie 164 4010 Delaware La PKT 9704 L -51733 Main Barn $ 1,000.00 280235 Equipment Trailer 164 4010 Delaware La PKT 2006 -1 M 4492 Main Barn $ 1,000.00 280245 Equipment Trailer 164 4010 Delaware La PKT 9601 L51731 Main Barn $ 1,000.00 280255 Equipment Trailer 164 4010 Delaware Labor Center L -56722 Main Barn $ 9,000.00 280272 Equipment Trailer 164 4010 Delaware Labor Center L -57407 Main Barn $ 1,000.00 280286 Equipment Trailer - Landoll 164 4010 Delaware La PKT 2008 L -51739 Main Barn $ 1,000.00 280332 Equipment Trailer 164 4010 Delaware La PKT 2006 -2 L -87394 Houghton $ 1,070.00 280185 Engine Lift 164 4010 Delaware Labor Center Repair Area $ 1,200.00 280188 Engine Lift 164 4010 Delaware Labor Center Repair Area $ 1,200.00 280205 Plow 6' (for Jeep) 164 4010 Delaware Labor Center Cold Room $ 1,200.00 280217 Ford 6610 164 4010 Delaware La PKT 8806 Cold Room $ 1,200.00 280226 Roller - Roll Pac 164 4010 Delaware La PKT 9402 Cold Room $ 1,200.00 280301 Snowblower - Toro 164 4010 Delaware Le 270002198 Main Barn $ 1,200.00 280300 Snowblower - Toro 164 4010 Delaware La 270002199 Main Barn $ 1,200.00 280202 Blower - Olathe 61 164 4010 Delaware Labor Center Cold Room $ 1,500.00 280227 Plow Western 164 4010 Delaware Labor Center Main Barn $ 1,500.00 280248 Fisher Plow 8' 164 4010 Delaware Labor Center Main Barn $ 1,500.00 Poor Fair Fair Fair Fair Poor Fair Fair Good Good Good Poor 280250 Western Plow - 8' 164 4010 Delaware Labor Center Main Barn $ 1,500.00 280263 Western Plow - 8' 164 4010 Delaware Labor Center Main Barn $ 1,500.00 280264 Western Plow - 8' 164 4010 Delaware Labor Center Main Barn $ 1,500.00 280326 Post Hole Digger 164 4010 Delaware Labor Center Basement $ 1,500.00 280177 Tire Changer - Coats 164 4010 Delaware Labor Center Repair Area $ 2,000.00 280200 Mott Mower For Interstater 164 4010 Delaware Labor Center Cold Room $ 2,000.00 280201 Mott Mower for Interstater 164 4010 Delaware Labor Center Cold Room $ 2,000.00 280214 Flail Mower 164 4010 Delaware Labor Center Cold Room $ 2,000.00 280215 Flail Mower 164 4010 Delaware Labor Center Cold Room $ 2,000.00 280216 Flail Mower 164 4010 Delaware Labor Center Cold Room $ 2,000.00 280218 Mott Mower for Interstater 164 4010 Delaware Labor Center Cold Room $ 2,000.00 280219 Mott Mower for Interstater 164 4010 Delaware Labor Center Cold Room $ 2,000.00 280220 Mott Mower for Interstater 164 4010 Delaware Labor Center Cold Room $ 2,000.00 280252 Mott Mower for Interstater 164 4010 Delaware Labor Center Main Barn $ 2,000.00 280312 Compressor - Ingersoll 164 4010 Delaware Labor Center Grease R000m $ 2,000.00 280282 Plow for 544 High Lift 164 4010 Delaware Labor Center Main Barn $ 3,500.00 208148 Equipment Trailer - Cam Su! 164 4010 Delaware Labor Center AT -66934 Outside $ 4,000.00 280203 1983 Tractor - Ford 530A 164 4010 Delaware La PKT 8301 Cold Room $ 4,000.00 280237 2007 Equipment Trailer - Cam Su 164 4010 Delaware La PKT 2007 -01 Main Barn $ 4,000.00 280158 Log Splitter - Briggs & Strattl 164 4010 Delaware Labor Center Repair Area $ 5,000.00 280156 Toro Workman Utility Truck 164 4010 Delaware Labor Center Repair Area $ 6,000.00 280196 Kawasaki Mule 164 4010 Delaware Labor Center Cold Room $ 6,000.00 280325 Mower - Jacobson T423D 164 4010 Delaware La PKT 2000 -03 Basement $ 6,000.00 280330 SmithCo Aerifier 164 4010 Delaware Labor Center Basement $ 6,000.00 280162 Hydraulic Lift - 2 post 164 4010 Delaware Labor Center Repair Area $ 8,000.00 280171 Cushman Mower - Frontline 164 4010 Delaware La PKT 9300 Repair Area $ 8,000.00 280176 Hydraulic Lift - 2 post - USM 164 4010 Delaware Labor Center Repair Area $ 8,000.00 280182 Hydraulic Lift 2 post - Challe 164 4010 Delaware Labor Center Repair Area $ 8,000.00 280189 Water Wheel - Kifco 164 4010 Delaware Labor Center Repair Area $ 8,000.00 280198' 1994 Smithco Field Groomer 164 4010 Delaware La PKT 9401 Cold Room $ 8,000.00 280204 1994 Cushman Mower - Frontline 164 4010 Delaware La PKT 9408 Cold Room $ 8,000.00 280207 York Rake (for 545) 164 4010 Delaware Labor Center Cold Room $ 8,000.00 280210 Tractor - Ford 4610 164 4010 Delaware Labor Center. L -51699 Cold Room $ 8,000.00 280221 Ford Tractor, 538 164 4010 Delaware Labor Center M0395 Cold Room $ 8,000.00 280223 Cushman Mower - Frontline 164 4010 Delaware Labor Center Cold Room $ 8,000.00 280224 Cushman Mower - Frontline 164 4010 Delaware La PKT 9203 Cold Room $ 8,000.00 280225 Smithco Field Groomer 164 4010 Delaware La PKT 8901 Cold Room $ 8,000.00 AUCTION AUCTION Poor Poor Fair Fair Poor Poor Fair Good Fair Poor poor 280246 Smithco Field Groomer 164 4010 Delaware La PKT 9400 Main Barn $ 8,000.00 Good 280256 Cushman Mower - Frontline 164 4010 Delaware La PKT 9206 Main Barn $ 8,000.00 Poor 280274 1997 Smithco Field Groomer 164 4010 Delaware La PKT 9706 Main Barn $ 8,000.00 280329 Smithco Field Groomer 164 4010 Delaware La PKT 9705 Basement $ 8,000.00 Dead 280333 Smithco Field Groomer 164 4010 Delaware La PKT 9704 L -60494 Houghton $ 8,000.00 280154 1998 TCM Forklift 164 4010 Delaware La PKT - 9822 L -60446 Repair Area $10,000.00 Fair 280161 Greens aerator - Toro 164 4010 Delaware Labor Center Repair Area $11,000.00 280197 Top Dresser - Turtco F1 2D 164 4010 Delaware Labor Center Cold Room $11,000.00 280233 Front Line Mower - Jacobsoi 164 4010 Delaware La PK07EQ Main Barn $11,000.00 Good 280236 Front Line Mower - Jacobsoi 164 4010 Delaware La PKT 2006 -13 Main Barn $11,000.00 Good 280278 Stump Grinder - Vermeer 11 164 4010 Delaware La PKT 51 EQ Main Barn $11,000.00 280295 Vermeer Chipper 1800 Turb 164 4010 Delaware La PKT 50 EQ Main Barn $11,000.00 280304 John Deere Mower F932 164 4010 Delaware La PKT 402Q Main Barn $11,000.00 280307 Front Line Mower - Jacobsoi 164 4010 Delaware La PKT2006.05 - Main Barn $11,000.00 280139 2003 Jeep Wrangler 164 4010 Delaware La 1J4FA3959: L -82635 Outside $12,000.00 Fair 208149 1994 Chevy-Pick Up 164 4010 Delaware La 1GCFC242:1 -49788 Outside $12,000.00 Fair 184330 1998 Ford Van 164 4010 Delaware La 1 FBNE31 L> L -64407 Outside $12,000:00 Fair 280150 F -150 Pick up 2wd 164 4010 Delaware La 1ZF1723W( L -64420 Outside $12,000.00 Fair 280995 1986 Ford Tractor 6610 164 4010 Delaware La PKT 8600 Cold Room $12,000.00 Parts 280208 Tractor - Ford 530A 164 4010 Delaware La PKT 8302 L -60477 Cold Room $12,000.00 280157 Jacobson Front Line 628 164 4010 Delaware Labor Center Repair Area $13,000.00 Poor 280159 Jacobson Front Line 628 164 4010 Delaware Labor Center Repair Area $13,000.00 280160 Jacobson Front Line 628 164 4010 Delaware La PKT - 2006 -14 Repair Area $13,000.00 280153 1996 Jeep Cherokee 164 4010 Delaware La 1J4FJ28S5" L -33096 Outside $14,000.00 Fair 53932 2004 Chevy Ventura Van 164 4010 Delaware La 1GNDUO3E L -57312 Outside $15,000.00 Fair 280142 City Band Shell - 36' 164 4010 Delaware Labor Center Outside $15,000.00 Fair 280173 1999 Chevy 1500 Suburban 164 4010 Delaware La 3GNFKJ6R L -56789 Repair Area $15,000.00 280234 1998 F -150 Ford Pick up 164 4010 Delaware Labor Center L -64439 Main Barn $15,000.00 Good 280244 1998 F -150 Ford Pick up 164 4010 Delaware La 2FTZF1726 L64415 Main Barn $15,000.00 Good 280260' 1998 F -150 Pick up 4X4 164 4010 Delaware La 2FTZF172S L -64414 Main Barn $15,000.00 280275 Chevy 2500 164 4010 Delaware La 1 GCFC24H' L -60487 Main Barn $15,000.00 280293 1997 Chevy 1500 164 4010 Delaware La IGCECI4V1 L -60509 Main Barn $15,000.00 280199 Chemical Sprayer on Trailer 164 4010 Delaware Labor Center Cold Room $16,000.00 Fair 280151 1998 Ford' Van 15 passenger 164 4010 Delaware La 1 FBSS31 L7 L -57416 Outside $18,000.00 Fair 280270 1997 F -350 Dump 164 4010 Delaware La 1 FDKF38G) L -64404 Main Barn $19,000.00 280229 F-350 Ford Pick up 164 4010 Delaware Labor Center L -82604 Main Barn $21,000.00 280289 2004 F -350 Pick up 164 4010 Delaware La 1 FTSF31 L1 L -56769 Main Barn $ 21,000.00 280211 Roto Dairon 164 4010 Delaware Labor Center Cold Room $ 22,000.00 280242 1990 Chevy 2500 4x4 164 4010 Delaware La 1000K24R L -33716 Main Barn $ 22,000.00 Good 280257 1998 Chevy Dump - 3500 164 4010 Delaware La 1 GBJC340V L -60504 Main Barn PKT 9810 $ 22,000 .00 280258 Chevy Dump -'3500 164 4010 Delaware La 1 GBHK34K L -39327 Main Barn $ 22,000.00 280259 1998 Chevy Dump - 3500 164 4010 Delaware La OGBJC3482 L -60503 Main Barn $ 22,000.00 280261 Chevy Dump - 3500 164 4010 Delaware La 1 GBJC34Rt L -57419 Main Barn $ 22,000.00 280276 1998 Chevy 3500 Dump 164 4010 Delaware La 1GBJC34R L -60516 Main Barn $ 22,000.00 296084 F -550 Dump Truck 164 4010 Delaware Labor Center Out for repair $ 22,000.00 280140 1972 International Packer -Green 164 4010 Delaware La 1 HTSCZWt L -60429 Outside $ 25,000.00 Fair 280206 Loader - Ford 545 164 4010 Delaware La PKT 8304 L -60476 Cold Room $ 25000.00 280212 Loader - Ford 545 164 4010 Delaware La PKT 8303 L -60478 Cold Room $ 25,000.00 280283 Ford F700 delsel Dump w/ w 164 4010 Delaware La 1 FENT74BC L51695 Main Barn $ 25,000.00 280285 hi Lift John Deere TC 54 H 164 4010 Delaware La PKT 9720 L -60502 Main Barn $ 25,000.00 280297 1970 Ford 700 Diesel 164 4010 Delaware La 1 F6KK7445 L- 6.0435 Main Barn $ 25,000.00 2801334 Ford 545A Tractor wl York F 164 4010 Delaware La PKT 8816 Houghton $ 25,000.00 280240 2003 F - 550 Ford Dump 164 4010 Delaware La IF DAF57 PE L -82766 Main Barn $ 29,000.00 Good 280303 New Holland Interstater TLA 164 4010 Delaware Labor Center L -57409 Main Barn $ 32,000.00 280141 1989 International Tractor (Band ; 164 4010 Delaware La 1 HTSCZWt L -60430 Outside $ 35,000.00 Fair 280143 Intemational Packer - RED 164 4010 Delaware La 1 HTGLAPT! C -44505 Outside PKT 2007 $ 35,000.00 Fair 280155 Jacobson tri wing 5111 164 4010 Delaware Labor Center Repair Area $ 35,000.00 poor 280178 Highlift - John Deere 544C m 164 4010 Delaware La PKT 8408 L60480 Repair Area $ 35,000.00 280238 Tri Wing mower - Jacobson 164 4010 Delaware La PKT 2000 -05 Main ' Barn $ 35,000.00 Good 280239 Tri Wing mower - Jacobson 164 4010 Delaware La PKT 2006 -01 Main Barn $ 35,000.00 Good 280265 Ford Backhoe Loader 555E 164 4010 Delaware Labor Center L -60428 Main Barn $ 35,000.00 280280 Ford Hi Lift 544C 164 4010 Delaware La PKT 8407 L -60433 Main Barn $ 35,000.00 280287 Tri Wing mower - Jacobson 164 4010 Delaware Labor Center Main Barn $ 35,000.00 280305 Tri Wing mower - Jacobson 164 4010 Delaware La PKT 2000 -02 Main Barn $ 35,000.00 280306 Tri Wing mower - Jacobson 164 4010 Delaware La PKT 2006 -05 Main Barn $ 35,000.00 296085 Bucket Truck 490ODT 164 4010 Delaware La XH612964 L -60437 Cold Room $ 45,000.00 280299' New Holland Interstater w13 . 164 4010 Delaware Labor Center L- 497998 Main Barn $ 50,000.00 280302 Ford 6610 Interstater wf 3 m 164 4010 Delaware Labor Center L -60490 Main Barn $ 50,000.00 280331 Interstater New Holland wf 3 164 4010 Delaware La PKT 9804 Houghton $ 50,000.00 280296 Hanson International 164 4010 Delaware La 1 HTGLAHT L - 60427 Main Barn $ 55,000,00 280294 1999 International sky lift 4900 DI 164 4010 Delaware La 1 HTSDAAN L -60517 Main Barn $ 75,000.00 c� Inventory acquis asset Number Year Description Busine Cost Cc Asset Vin/serial License Room or Quantifi Acquisition Condition Area (I (Park) Location Building Cost Comment 266376 Fairway Mower - Jacobson F -10 164 1020 Delaware Labor Center Main Barn $ 266377 Fairway Mower - Jacobson F -10 Delaware Labor Center Main Barn $ 266378 Fairway Mower - Jacobson F -10 Delaware Labor Center Main Barn $ 266379 1997 Chevy Pickup 2500 2wd Delaware Labor Center L -60487 Main Barn $ 266380 Roller - Ryan Delaware Labor Center Main Barn $ 266381 Verticut - Ryan Delaware Labor Center Main Barn $ 266382 Greensmower - Toro Walk behind Delaware Labor Center Main Barn $ 266383 Spreader - Scott Delaware Labor Center Main Barn $ 266384 1980 Packer - International Delaware Labor Center C -44505 Main Barn $ 266385 1997 Chevy Pickup Delaware Labor Center Main Barn $ 266386 Smithco Diamond Groomer Delaware Labor Center Main Barn $ 266387 Chevy one Ton Dump Delaware Labor Center L -60516 Main Barn $ 266388 International 10 Ton Dump Delaware Lai PK FO 982 L -60427 Main Barn $ 266389 Chevy Dump 3500 Delaware Labor Center Main Barn $ 266390 Tri Wing Mower - Jacobson 5111 South Park Barn $ 266391 2000 Tractor - New Holland South Park PK - 2000 -06 Barn $ 266392 Toro Groundsmaster - 325D South Park PK -15 -EQ Barn $ 266393 EZ - GO Utility Cart South Park Barn $ 266394 F -150 Ford Pick Up South Park L -64417 Barn $ 266395 Tractor - Ford 545A Riverside PK 8815 Barn $ 266396 Equipment Trailer Riverside PKT 9800 L -60515 Barn $ 266397 2006 Chevy Pickup 2500 2wd w1 Plow Riverside L -87384 Barn $ 266398 John Deere tractor 430 MLK Barn $ 266399 Smithco Diamond Groomer Caz Main Barn $ 266400 John Deere Front Line F932 Caz PK -03 -EQ Main Barn $ 266401 John Deere Front Line F932 Caz PK -04 -EQ Main Barn $ 266402 Jacobson Front Line T423D Caz Main Barn $ 266403 Roller Caz Main Barn $ 266404 Top Dresser Caz Main Barn $ 266405 Spreader Caz Main Barn $ 266406 2006 Chevy Pickup 2500 Caz L -87383 Main Barn $ 266407 1992 Cushman Front Line Potter Road PK 9204 Equipment Bldg $ 266408 Tri Wing Mower - Jacobson 5111 Potter Road PK 2000 -04 Equipment Bldg $ 6,000.00 Good 6,000.00 Good 6,O00.00 Good 12,000.00 Good 2,000.00 Good 2,000.00 Good 4,000.00 Good 500.00 Good 25,000.00 Good 11,000.00 Good 8,000.00 Good 22,000.00 Good 50,000.00 Good 22,000.00 Good 35,000.00 Good 25,000.00 Good 8,000.00 Good 6,000.00 Good 15,000.00 Good 15,000.00 Good 1,000.00 Good 15,000.00 Good 8,000.00 Good 8,000.00 Good 8,000.00 Good 8,000.00 Good 6,000.00 Good 2,000.00 Good 2,000.00 Good 500.00 Good 15, 000.00 Good 6,000 .00 Good 35,000.00 Good `d,e'3� H Buffalo Water Board Chairperson: Oluwole McToy Vice Chairperson: Donna Estrich Gerald E Kelly William L. Stmderlin City of Buffalo Commissioner of Public Works, Parks & Streets Steven Stepniak N N:�. jkM EPJCAN WATER ��, _ +,.,.- ���,�,•��, ur ��� -ter r r v i .k C62 Ll "k.l -I 1. ]L LA— I., I Y l.. JL I ATTORNEYS AND COUNSELORS Novcmber 21, 2008 VIA IIAND DEI,I:VEIZY City ofBuffalo Common Council 1315 City Mall Cis Niagara Square Buffalo, NY 14202 Atm. Ball, E'sq, Re: Abandonment of Goodrich Street between t;llicott St. and Michigan Ave. Dear Ladies and Gentlemen: On behalf of Kalcida Ilealth ( "Kaleida "), we are submitting; this Letter of latent in furtherance of Kalcida's request ft3r the abandonment of City -owed Right -of -Ways originally submitted to the City of Buffido Common Council ( "Common ( ,`ouncil ") on August 18, 2008. At this time, Kaleida is requesting; the abandonment of Goodrich Street (between Ellicott Street and Michigan Avenue) to help faeilita.te the construction ofKalcida's proposed Global Vascular Institute 'I'lre proposed GVl will be located at the corner of Ialicott and Goodrich Streets and be directly connected to Buffalo General Ilospital ( "I3(iH ").'phis connection will permit enhanced patient services by connecting facilities within the proposed GVI to a reorganized BGII. This will facilitate a dynamic unity between BGII and GVL By abandoning this portion of Goodrich Street, the City will also help facilitate a more unified development of the North End of the Buffalo Niagara Medical Campus. A unified site paves the way for a world -class medical earnpus in the City of Buffalo. The following exhibits are also attached hereto and made part of this Letter of Intent in Furtherance of Kaleida's request for the abandonment: I+axhibit "A" _ ALTA Survey of the Goodrich Right-of-Way Exhibit "Ii" State Flivironmental Quality Review Act Full Environmental Assessment Form for the abandonrrrent of Goodrich Street REFERRED TO THE COMMITTEE ON LEGISLATION, OFFICE OF STRATEGIC PLANNING, PUBLIC WORKS AND CITY PLANNING HOARD 7'viELVE FOUN1Aiti r-LA4A sUITF 400 BUFFALO, NY 14202 2293 V1H0 fE: /16.85;3.1616 rAx 71(5_853.1617 RC ?G1iF 5fER, NEW YORK • BUFFALO, NEW YORK a ALBANY, NEW YORK ° NAPLES, FLORINA z t / t. �j Harter Secrest & L;rraei'y L,L.P AT TORNEYS AND COUN5Ei3Of3S November 21, 2008 Page 2 PRO.IECT .I)ESCRIP`I'ION A. OVERVIEW The overall project area for the Buffalo Niagara .Medical Campus -North Isnd Development ( "North End Development ") is bounded by "Pilgrim Village" to the north, McCarley Gardens to the south, "Allentown" to the west and the "I:�ruitbelt" neighborhood to the east. The design of the North faad Development minimizes impacts upon these adjacent residential neighborhoods while maximizing the collaborative interaction between the current and future health care and research facilities. 'Phis collaborative development will enhance the integration between the facilities to Delp foster further community and economic development in and around the Buffalo Niagara Medical Campus. L3. 'I'llE GLOBAL, VASCULAR INS'I'TI'um The GVI will be located adjacent to I3GII at Ellicott Street and High Street in the City. The GVI will be approximately 11 -12 stories in height and total approximately 500,000 scl, ft. of floor area. The GVI is being developed in conjunction with the closure of Millard hi.11morc Gates Circle Hospital, and to provide a state -of -the -art vascular center that will serve the Western New York region. The existing 13GII building complex includes 5 rnajorbuildings (A— L Wings). The 19 storey "A" Wing (1969 - 1985) houses the Inpatient Care as well as Surgery, .I3mcrgency Department and Imaging. 13 l' wings generally house ambulatory and service programs and date born 1.900 - 1952. The GVI is proposed as an 11 -12 storey facility adjacent to 13GLI and will house the following_ • Imiergency Services and Chest Pain Center; • Non Invasive Diagnostics, Imaging, Patient Services and Extended Recovery Services; and • Invasive Services - including Catheterization and Hybrid Labs, Critical Care Beds, Procedure Support and Physician Support Services. In addition to the foregoing, the University at Buffalo will also occupy a portion of the GV1 and provide Transitional Research, I3ducat.ional and Incubator facilities. The GVI wil l be designed to facilitate the development of a world -class cardiovascular treatment and rescarch center through collaborative spaces and shared medical facilities. Final details of the GV1 are still being deterruincd and more information will follow in subsequent application materials. I Tarter Secrest & Emery LIT ATTORNEYS AND COUNSELORS 4 November 21, 2008 Page 3 ABANDONMENT A. THE PROCESS Kaleida is submitting the remaining supporting; documents necessary for facilitating; the requested abandonment of a portion of the Goodrich Street Right -of -Way. Pursuant to the Charter and Code of the City of Buffalo, New York, the City of Buffalo may abandon and sell certain real property. Section 27.4 of the Charter specifically provides as follows: §27 -4. Stile ofAbantloned Real Prnfyerty 4fter an appraisal ill° afder the receipt of7bitty inade at public auction as provided in the two succeeding sections, the council may by a two- thirds vote of all the members elected thereto authorize the side of real properly acquired by the city for public rase, which has not been appropriated thereto, or the use oj'whieh fbr such purpose has been abandoned, or of carry 1111- appropriated or abandoned portions of real properly so acquired (emphasis added). To begin the process of abandonment, the Common Council must review the request and forward the request to the City of Buffalo Planning Board for review and comment (Charter § 18-48). If the Common Council then determines that abandonment is appropriate, a vote to abandonment occurs. Approval of abandoning City -owned property requires the support of two - thirds vote of the Common Council. Before the abandoned property can be sold, an appraisal of the property to be abandoned must be performed. This can be clone either by the City itself, or by the applicant using City - approved appraisers. Kaleida is willing to retain a City - approved appraiser if the Common Council deems it appropriate. The appraisal then serves as the basis for determining; the compensation for the transfer of the abandoned properly. (See, Charter X27 -5 "Appraisal"). Lastly, since the abandonment of the City -owned Right -of -Way would alter the zoning; map, a referral to the County I lanning; Department pursuant to General Municipal Law §239 -rn is also required. B. THE REQUEST Kaleida is seeking to purchase only that portion of the Goodrich Street Right-of-Way which extends from Bllicott Street to Michigan Avenue. In furtherance of this application, attached hereto as Exhibit "A" is an ALTAIACSM Land "Title Survey for that portion of Goodrich Street of which Kaleida I lealth is seeking to purchase from the City. Kaleida health is seeking that portion of the Goodrich Right -of -Way which extends from the limits of the Iaticott Street Right-of-Way eastward to the limits of the Michigan AVenlle Right -of -Way. 'this span includes two separate parcels and totals approxiniate;ly 2.651 Acres. The size and description of'these parcels is also included in the attached survey. See Exhibit "A» I Iart:er Secrest & Emery 1,1.1' ATTORNEYS AND COUNSULOliS November 21, 2008 Page 4 Within the Goodrich Right -of-Way are several easements and sections of infi�astrUcturc associated with various utility or public services. The entities include the following: AT &T Buffalo Fire Department Buffalo Water Department Buffalo Sewer Authority I- ibertech, LLC National Fuel Gas National Grid SUNY at Buff<rlo `l.'itne Warner Cable V eri zon Kaleida I fealth representatives have contacted each of these entities and determined and indicated the location of their casements and/or infrastructurc. Kaleida will preserve these casements and infrastructure to the greatest extent practicable. However, to the extent any of the existing infrastructure needs to be moved, Kaleida I- Icalth will take responsibility for making the necessary changes to maintain the existing levels of service of the above - referenced providers. The utility study done as part of the September 23, 2008 Draft Generic Environrnentat Impact Statement ( "DGEIS ") prepared for the North Errd Development found that the: impact from construction of'the GVI and the abandonment of the Right - of -Way on the existing utilities is expected to be dcminimus and will not adversely affect any of the services provided, . STATE ENVIRONMENTAL QUALITY REVIEW ACT Pursuant to the State Environmental Quality Review Act, Article 8 ot'New York EnvironTnental Conservation Law and b NYCRIZ Part 617 ( "SI.iQRA "), a governincrrtal agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts-Here, the Project sponsors have prepared a Draft Gcneric Environmental Impact Statement for the entire North End 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, Kaleida FIcalth has prepare and attached hereto as Exhibit "B" a full I nvironmentat Assessment Form ( "FEAF ") specific to the abandonment of Goodrich Street. The individual FF.AF for this abandonment is being submitted to assist the Common Council in reviewing the specific potential impacts associated with this request. The DGMS specifically analyzed the potential impact associated with the abandonment of Goodrich Street between I:a,llicott Street and Michigan Avenue and tound that the impacts were minimal or could be mitigated through the relocation of the impacted services. With respect to traffic, since Goodrich Street between Ellicott Street and Michigan Avenue primarily services Kalcida's facilities, the impact of traffic of abandoning and closing Goodrich Street is expected to be minor. Since the impacts of Harter Secrest & E'mery 1,1,1 AYTORNEVS AND CODNSELOR5 November 21, 2008 t ;` Page S the requested abandonment are minimal and consistent with what was studied in the DGEIS, further environmental review is not necessary. CONCLUSION Kaleida I Iealth believes that the requested abaridonrnent of Goodrich Street is essential to developing; its portion of the Buffalo Niagara Medical Campus. The direct multi -level connection between the GVI and Buffalo General Hospital is critical to Kaleida Health's mission of providing world -class medical services to the citizens of Westenr New York. As set forth .in the DGE1S and the FE,A1 submitted herewith, the abandomucnt. and sale of this portion of the Goodrich Right -of -Way will not have a significant adverse environmental impact on the City. For the foregoing reasons, Kaleida Health respectfully requests that the City abandon and sell its interest in Goodrich Street between Ellicott Street and Michigan Avenue to facilitate the further development of Kal.eida's presence at the Buffalo Niagara Medical Campus, Should you have any questions about this request, please do not hesitate to contact us. Thank you for your anticipated cooperation and courtesies. Very truly yours, IIart_cr &. Ell y I I I 1/40 Marc A. Romanowski ulRrc °r uinl.: ��u,r saa -3nr3 C UAll. ?ROMAN'OWSKIfir, IINF LAW CUM MAR /lks Enclosures cc: Joseph Kessler, Kaleida I lealth Foofse > > C- isms IF - �I�t.f�!� f Fo ,_P.o a :. �„ r.. r r+ 3� +..: V ' / � % .., 't -- TR Z W, 'wl SNrl Ai[W vu ry m .1=1 - SDHV.1 - N01602 JVO�j v. mouva - Nouadorago �wn - �I�t.f�!� f Fo ,_P.o a :. �„ r.. r r+ 3� +..: V ' / � % .., 't -- TR .Ll �l M; 7V 1 7 I W, 'wl 7V 1 7 I 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 CAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. it provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially - large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: F Part 1 1 Part 2 D 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. FI 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.* I'_ _J 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 Abandonment of'Goodrich ROW between Ellicott & Michigan City of Buffalo Planning Board Name of Action ]Name of Lead Agency Witham Grillo Print or Type Name of Responsible Officer in Lead Agency Principal Planner Title of Responsible Officer Signature of Responsible Officer in Lead Ardency Signature of Preparer (If different from responsible officer) 11/21/2008 website Bate Page 1 of 21 PART 1-- PROJECT INFORMATION I "IC: �1u1 uy "I�uj%.a L .I'.YVNI'm1 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 EAI" 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 Abandonment of Goodrich ROW between Ellicott & Michigan Location of Action (include Street Address, Municipality and County) The cast side of Goodrich Street and Ellicott Street to the west side of Goodrich Street and Michigan Avenue, City of Buffalo, County of Eric Name of Applicant /Sponsor Kalcida Health Address Larkin Building Suite 200, 726 Exchange Street City/PO Buffalo State NY Business Telephone Name of Owner (if different) City of Buffalo Address Zip Code 14210 City / PO State Zip Code Business Telephone Description of Action: Kalieda Health is seeking the: abandonment and sale of the Goodrich Street Right -of -way From the cast line of Ellicott Street to the west line of Michigan Avenue. The abandoned land will be incorporated into the construction of the Global Vascular Institute that is being planned by Kaleida Ilealth_ Both the abandonment and the construction of the Global VaSCUIaI" Institute were evaluated as part of the Draft Generic Environmental Impact Statement (dated October 1, 2008) that was prepared for the pr jects located in the Burfdo Niagara Medical Campus - North End. Page 2 of 21 Please Complete Each Question -- indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1 . Present Land Use: Fl Urban ❑ Industrial 0 Commercial Forest F] Agriculture ❑ Other 2. Total acreage of project area: 1. acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or 6rushland (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 1.603 acres 1 -603 acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? Esc a. Soil drainage: ❑ Well drained % of site ❑ Moderately well drained % of site. Poorly drained 100 % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑ Yes No a. What is depth to bedrock 100 (in feet) 5. Approximate percentage of proposed project site with slopes: ED 0 -10% % 010-15% % ❑ 15% or greater % 6. Is project substantiall contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? t Yes � No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑ Yes 17 8. 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? F] Yes 7 No 10, Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑ Yes F—M] No n 1 FI Residential (suburban) D Rural (non - farm) Page 3 of 21 1 1 . Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes [—!] No l According to: each 12, Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? r - ] Yes F E I N o Desc ribe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? Yes F m— ]No If yes, explain: 14. Does the present site include scenic views known to be important to the community? E] Yes ENo 15, Streams within or contiguous to project area: None a. Name of Stream and name of River to which it is tributary 16. Lakes, None )onds, wetland areas within or contiguous to project area: b. Size (in acres): Page 4 of 21 1 7. Is the site served by existing public utilities? FN] Yes ❑ No a. If YES, does sufficient capacity exist to allow connection? F m- ] Yes ❑ No b. If YES, will improvements be necessary to allow connection? ❑Yes No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25 -AA, Section 303 and 304? ❑YeS 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 017? ❑ Yes No 20. Has the site ever been used for the disposal of solid or hazardous wastes? C❑ Yes 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: 13.37 acres. b. Project acreage to be developed: 1.603 acres initially; acres ultimately. c. Project acreage to remain undeveloped: 0 acres. d. Length of project, in miles: 205 (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. % f. Number of off - street parking spaces existing 20 ; proposed 0 g. Maximum vehicular trips generated per hour: 850 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Initially Ultimately No Condominium i. Dimensions (in feet) of largest proposed structure: 300 height; 360 width; 300 length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 360 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 ❑ Yes Fo-I No ❑ NIA a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ❑ Yes F No c. Will upper subsoil be stockpiled for reclamation? ❑ Yes F No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally - important vegetation be removed by this project? U Yes No 6. If single phase project: Anticipated period of construction: 36 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 ❑ No 8. Will blasting occur during construction? ❑ Yes No 9. Number of jobs generated: during construction 100+ ; after project is complete 100+ 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? 7 Yes ❑ No If yes, explain: 12. Is surface liquid waste disposal involved? Fly (-" S E! — ] 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? ❑ Yes E No Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes 1E No If yes, explain: 1 S. Is project or any portion of project located in a 100 year flood plain? ❑Yes El No 16. Will the project generate solid waste? ❑ Yes F No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? 11 Yes F No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Oyes ❑ No Page 6 of 21 C. If yes, explain: ,l 17 Wilt the project involve the disposal of solid waste? ❑Yes ONo 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 E No 19. Will project routinely produce odors (more than one hour per day)? ❑ Yes 7 No 20. Will project produce operating noise exceeding the local ambient noise levels? ❑ Yes [i] No 21, Will project result in an increase in energy use? ❑ Yes F 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 0 gallons /day. 24. Does project involve Local, State or Federal funding? ❑ Yes F±1 No If yes, explain: Abandonri - icrrt will not require public hinding. However, the abandortmenl will facilitate C0115tRICti011 Of'ilte GV1. Thc GVT will likely be constructed will some public funds. Wage 7 of 21 25. Approvals Required: City, Town, Village Board -f Type Submittal Date Ater €ndonment /sale of ROW Ye;s ❑ No City, Town, Village Planning Board Yes Review request to _ ❑ No abandon ROW City, Town Zoning Board ❑ Yes No City, County Health Department ❑ Yes ❑ No Other Local Agencies ❑ Yes No Other Regional Agencies ❑ Yes E No State Agencies ❑ Yes E No Federal Agencies ❑ Yes ❑ No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? ❑Yes 0 No If Yes, indicate decision required: ❑ Zoning amendment ❑ Zoning variance D 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 3 What is the maximum potential development of the site if developed as permitted by the present zoning? The site is currently a City street, once the ROW is abandoned it will be zoned CM (as adjacent). 4. What is the proposed zoning of the site? M - C 03113nerical 5. W hat is the maximum potential deve l op ment of the site if developed as permitted by the proposed zoning? gonc, is it a street. 6. Is the Droposed action consistent with the recommended uses in adopted local land use plans? 0 Yes ❑ No 7. What are the predominant land use(s) and zoning classifications within a Y4 mire raoius or proposeea action CM- Commercial R3 - Residential 8 9 Is the proposed action compatible with adjoining /surrounding land uses with a '/4 mile? If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? Yes ❑ No Page 9 of 21 i 11. VVIII propVSt: I ,- - ,:.-.- I f tiLO H U iii iy [iLit( Ior iLallUf l(SJ f L)I t116' fof maLion of sevvei of Water diSt n(AS? [ Yes No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? F Yes 1 No a. If yes, is existing capacity sufficient to handle projected demand? n Yes El No 1 2. Will the pr action result in the generation of traffic significantly above present levels? a. If yes, is the existing road network adequate to handle the additional traffic. FYes R Yes11 No 0 No Yes, abandonment will allow for cnnsh RICE ion of GV1. See DGEIS dated October 1, 2008. 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 Mime K aluid a Health Signature(' �1 [date 11/21/2008 Title Agent for Applicant If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment farm before proceeding with this assessment. Page 10 of 21 PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of t_ead 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. r The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • 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(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. SMO 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 foot ❑ ❑ ❑ Yes 0 N 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 ❑ 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 ❑ E❑ D Yes F No generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or ❑ ❑ ❑ Yes ❑ No involve more than one phase or stage. • Excavation for mining purposes that would remove ❑ ❑ ❑ Yes ❑ No more than 1,000 tons of natural material (Le., rock or soil) per year. Page 11 of 21 1 2 '.i -f r 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 €loodway, ❑ ❑ [ ❑No • Other impacts: ❑ ❑ ❑Yes F. 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) F-1 NO F-1 YES gnpr..ifir. larid fnrms ❑ ❑ Dyes ❑No Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) ❑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. nthar imnncts- ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑Yes ❑No 4. Will Proposed Action affect any non - protected existing or new body of water? ❑NO ❑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 ❑ No Page 12 of 21 1 2 3 1 Ill) 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? 7 N ❑YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. • Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action, • Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity, • Construction or operation causing any contamination of a water supply system, • Proposed Action will adversely affect groundwater, • Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per day. • Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and /or storage facilities. C?thPr imnacts' ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No ❑ ❑ 1:1 Yes ❑No ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No ❑ ❑ Yes ❑ No © ❑ ❑Yes ❑ No Wage 13 of 21 1 2 3 Small to Potential Can Impact Be !. h...J�_�i._ La RA:3.- ...i....l L... M oderate Large IVI ltl � gatcu I,I j( Impact Impact Project Change 6. Will 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 development in a designated floodway. nthor imnart� ❑ ❑ Eyes ❑JNo ❑ ❑ Dyes 1:1 No ❑ ❑ Oyes ❑No ❑ ❑ ❑Yes 1:1 No ❑ ❑ ❑Yes ❑No 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 ❑ ❑ ❑Yes ❑No given hour. • Proposed Action will result in the incineration of more than 1 ton ❑ ❑ ❑ Yes 0 No of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour ❑ ❑ ❑Yes ❑ No or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land ❑ ❑ ❑Yes ❑ No committed to industrial use. • Proposed Action will allow an increase in the density of ❑ ❑ ❑Yes ❑ No industrial development within existing industrial areas. • Other impacts: ❑ ❑ ❑Yes 0 N IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ❑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 site. ❑ ❑ ❑Yes ❑No Page 14 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑ Yes ❑ No • Application of pesticide or herbicide more than twice a year, ❑ ❑ ❑ Yes ❑ No other than for agricultural purposes. Other impacts: ❑ ❑ ❑Yes ❑No g. Will Proposed Action substantially affect non - threatened or non - endangered species? ❑ NO ❑ YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetations. • nthPr imnacts- ❑ © [ ❑ No ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? F_�NO ❑YES Examples that would apply to column 2 • The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) • Construction activity would excavate or compact the soil profile of agricultural land. • The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No Page 15 of 21 IMPACT ON AESTHETIC RESOURCES 1 2 3 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 No patterns, whether man -made or natural. increased runoff). • Proposed land uses, or project components visible to users of ❑ ❑ ❑ ❑ ❑ • Other impacts: ❑ ❑ Yes No IMPACT ON AESTHETIC RESOURCES 1 1. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) 1:1 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 Yes No 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. • Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? ❑ NO ❑ YES Examples that would apply to column 2 ❑ ❑ ❑ ❑ • Proposed Action occurring wholly or partially within or Yes No 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 r)thar imnarts: 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 irnn2cts- ❑1 ❑ ❑ Yes ❑ No ❑ ❑ ❑ Yes ❑ No ❑ Yes ❑ ❑ ❑ 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(g)? 0 N ❑YES List the environmental characteristics that caused the designation of ih,� r'Pa Examples that would apply to column 2 • Proposed Action to locate within the CEA? ❑ ❑ ❑ ❑ ❑ ❑ Yes ❑ ❑ No • 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 O ON Page 17 of 21 1 2 3 Small to Potentiai Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? 0 N F] YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. • Proposed Action will result in major traffic problems. nthPr imnart -, ❑ ❑ ❑ Yes ❑ No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No IMPACT ON ENERGY ❑ ❑Yes E] No ❑ 16. Will Proposed Action affect the community's sources of fuel or ❑ Yes ❑ No ❑ ❑ energy supply? ❑ No ❑ ❑ ❑Yes ❑ 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 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ ❑ Yes ❑ No NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ONO [ Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive facility. • Odors will occur routinely (more than one hour per day). • Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a noise screen. nthor imnar fa ❑ ❑ ❑Yes E] No ❑ ❑ ❑ Yes ❑ No ❑ ❑ [:]Yes ❑ No ❑ ❑ ❑Yes ❑ No ❑ ❑ E] Yes 0 N r"1 --- 1 D -f )I IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? ❑NO ❑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 of 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 ❑ 1 2 3 ❑ ❑ Small to Potential Can Impact Be `. Eyes Moderate Large Mitigated by ❑Yes Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18, Will Proposed Action affect public health and safety? 1:1 NO F] YES • Proposed Action may cause a risk of explosion or release of ❑ ❑ ❑Yes ❑No hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" ❑ ❑ ❑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 flammable liquids. • Proposed Action may result in the excavation or other ❑ ❑ Dyes 1:1 No disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? ❑NO ❑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 of 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 ❑ ❑ Oyes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ Eyes ❑No ❑ ❑ ❑Yes ❑No Page 19 of 21 • Proposed /action will set an important precedent for future projects. • Proposed Action will create or eliminate employment. rlth"r imnact S' 1 2 3 Small to Potential Can Impact Be Moderate Impact Large Impact iviitigaied by Project Change ❑ El E] Yes 1:1 No ❑ 1:1 Yes ❑ No ❑ ❑ El Yes ❑ No 20. Is there, or is there likely to be, pubiic controversy reiatea to poteutlai adverse environment impacts? 0 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 Fart 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 ANTOIN1-:1M THOMPSON SE Ev�lr)i. ruE-� r�15)t.ECr 213 rbiAriO U.t STAIE L�EFlCE :1.3111LfJlNi: Q (OUR Y WRITE J' 811FW u.. NEI; YORK 1-4A "16)8A 8705 lox ION M1m l EMAIL A I I f0M PS' )4('SI N TIESINiF NY.US November 17, 2008 Mr. 1-l. McCarthy Gibson DelnFty Commissioner Buff do police Department. 74 11anklin St, Buffalo, NY 14202 5Tr1W OF NEW YORK f f : Request Mr lfaffic Chmem at Intersection of Fillmore & Sycamore Dear Conm issioner Gipson: F' RN VKUWa N YNORrgY MF Wt R L N V IRONMF' 111_ COiN.�lIR\L 7 COMMITT CONIME WK. E_Ctt \,) 4 Ei: bE VL'LC_fl >_1FN "I'b SMALL. ITUSI !E_W NNAN(:P: 4OURI'3Mi. RI-C:REA110N SL'C PP, DF,V €E olmi:V' "r A- 1ILI't;ARY Al PAIRS Cfl -CWR1R �'ENATE':' "'I N €)RIT1'r- IWF'F'F" SKI oRCE IMI1\roREIY& J,II BUSINESS VN VRPRISE.I Over the course of this past weekend, it was brow >ht to my a llmlion by a nwnher of residents, patrons, and business owners drat a traffic camera is needed at the intersection of Filhnore Avenue & Sycamore Street. residents have con'ipNhwd Am suspohms vehicles, individuals toilesring, late night activity and more. I would like to respectfully rapest your assistance with revicwilrf; the ELccessary criteria I to install a camera at this locatiot). If my office can be of any Wher assistance, please feel free to contact nay office at (716) 854- 8705. Sincerely, nt )ine M. 'Thompson New York State Scnator, 60 Distrief CC: llon. Byron Brown, Mayor of Buffalo Hon. David Frarrczyk, Fillnlore District Councilmember Mr. Steve Casey, Deputy Mayor Ms, Donna Brown, Deputy Mayor Mr. Byron Lockwood, Deputy Police ( "oaxuzrissiorrer Mr. Daniel Derenda, Deputy Police ('cu Inissioner REFERRED TO THE f(COMN3ITTEE ON POLICE OVERSIGHT C) Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) City Clerk's Department BUFFALO November 26, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO X I Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 26 PASSED November 25, 2008 Addendum to Agent With I/o Solutions Police Promotional Make Up Oral for Military Candidates (CS) Gerald A Chwalinski City Clerk gAy A Addendum to Agreement with UO Solutions — Police Prornotional � (Item No. 35, C.C.P., Nov. 12, 2008) That the Commissioner of the Department of Human Resources be, and she hereby is authorized to enter into the Second Addendun) with Un Solutions to iinplement lawful Police prornotionaI selection procedures in accordance with New Yolk State Military Law §243 -b, in an amount not to exceed $60,000. Passed. 1Zecolnrnelided by the Cc }In>nittee on Civil Serviee a� \: Chairman T:\wp60'unswor(N - i v115cII- I2c.dnc O• , ��ae ��� �.iAn�aE ,: .. . G .. .� � - � . . .. � , � U A 4 Notices of Appointments- Temp /Prov /.Perm (ccp# 40, 11 /12) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service FINANCE (Michael P. Kearns, Chairman) M Kearns - Article Regarding City Leaf Removal (2007) (cep# 42, 1311.2) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance Updated Travel Expense Guidelines(Compt) (ccp# 14, 11112) That the above item be the same and hereby is Received and Filed ADOPTED II A Recommended by the Committee on Finance City Clerk's Department BUFFALO November 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. 30 PASSED November 25, 2008 Budget and Personnel Amendment - Public Works, Parks and Streets Gerald A Chwalinski City Clerk A 3 y fl-!, 0wi U :1 � Budget and Personnel Amendment 30 Public Works, Parks & Streets 1090 - General Office (Item No. 80, C.C.P., Nov. 12, 2008) That the Budget and Personnel Amendment as contained in Item No. 80, C.C.P., November 12, 2008 be and the same hereby is approved. Passed Recommended by the Committee on Fina i- -— .. _ ._ _ - _- Chairman `t'AB:rmv t: wp60\mword\rm v180c l 1 -12c. doe i �'f.f i►1 � aF f � V O► A ; . . �'f.f i►1 � aF f � Request for Audit of the Recapture of City Assets on the Termination of the Broadway Market Mngt Agreement (Except I" Res) (ccp# 71, 14128) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance COMMUNITY DEVELOPMENT (Michael J. LoCurto, Chairman) City Clerk's Department BUFFALO November 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. 32 Req to Amend LDA-50 Court St (firg 11125) PASSED November 25, 2008 Gerald A Chwalinski City Clerk �R �� _. i � og A I 8 �', V 0 `l s No. Req to Amend LDA -50 Court St (hrg 11/25) # 73, 11112 Mr. LoCurto moved: That the above item be returned to the Common Council without recommendation. Michael LoCurto, Chairporson, Community Development A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of Same has been published in the Buffalo News, a copy of which is attached hereto. r On a motion by Mr. Fontana, seconded by �` ° �� O tt , t the item is properly before the Cotmnot Council, and the hearing is opened. CARRIED. Appearances, a K, f �2ts Mr. Fontana now moved that the hearing be closed. Seconded by CARRIED " Ours , ulan" ursuant to sectio 507(2) of tho General Mr. Fontana now moved approval of said item. Seconded by f ,� PASSED AYES - 8 NOES - 0 Vunlclpal Law; notice is herby iven thal a hear ing wilfbe held.before the Corrltnon Couhdt, Council Chambers; It Hull at 7 2:00 P.M. on I �ovaml+ar I 25, 2. 8 on the following: 7o aonelder an Amend ] ment4t'the Cantractiar Sale sit: LBnd.fgr Prtvale L avalopment {# end r Oiapoiltion Agreement) is aed.6e)wAen.'the City I of OtWalo Urban Re- ge t s t>ewa);Ancy and 949? Gr66' 'L C, dated'May ' 3 �txt$e far the rop- arty known as 5D spurt Sired _, The Agarxy has proved - -v an - Flme ment to a LAA svitklFl6developer to takeantd a the . . ptolo2edlitlyation: chat naln , She Cnybi:Buffaio, Agoncy End ROOM h 0 fendants:`The 1 fl n,ii h nWnri e I. X.. F airs m 1• The parties of the pro - 8 . posed Amendment are- ,„ tha Gily of Buffalo Urban Request to Amend. Land Disposition Agreement-- 50 Court Street (Item No. 73, C.C.P., Nov. 12, 2008) That the above item be, and the same hereby is returned to the Common Council without recomnhendation. Mr. LoCurto moved: That after a public hearing; on November 25, 2008, the Common Council does hereby designate 1097 Group, LLC as the qualified and eligible Redeveloper of 50 Court Street That the Mayor, the Chairman or Vice - Chairman of the Buffalo Urban Renewal Agency is authorized to execute any and all documents necessary to effectuate the proposed "Amendment to the Land Disposition Agreement" between tlhe Buffalo Urban Renewal Agency, and 1007 Group, in accordance with the terms of said Agreement and for the consideration therein. Passed Recommended b the Committee n Community y C cc o Development Clhan- an TAB: rmv 1 :AwpOONwswwd\mvW3cJ 1- 12c.doc * A -Y E * NO DAM « XEAR fMAY- S] [N -7] Request to Amend Land Disposition Agreement — 50 Court Street 1097 Group, LLC, Redeveloper {'' (Item No. 4, C.C.P., Nov. 12, 2008) That the above itern be, and the same hereby is returned to the Cornnion Council without recommendation. Mr. LoCurto moved: That after a public hearing on November 25, 2008, the Common Council does hereby designate 1097 Group, LLC as the qualified and eligible Redeveloper of 50 Court Street. That the Mayor, the Chairman or Vice - Chairman of the Buffalo Urban Renewal Agency is authorized to execute any and all documents necessary to effectuate the proposed "Amendment to the Land Disposition Agreement" between the Buffalo Urban Renewal Agency, and 1097 Group, in accordance with the terms of said Agreement and for the consideration therein. P� s d RECEIVED AND FILED Of Recommended by the Committee on Community Development Chaff, all TABS rmv t:%wp60\inswordVmv\4c 11- 12c.doc (r City Clerk's Department BUFFALO November 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. 34 PASSED November 25, 2008 Results Negotiation -105 Lopere (Fill)(Mayor) Gerald A Chwalinski City Clerk 4 1 ° _ Resuits or Negotiations -- r 105 �oepe:rc +) (Item No. 7, C.C.P., Nov_ 12, 2008) That the offer frorn Mr. Gliazanfar Iqbal, residing at 110 Lathrop, in the Sun] of four thousand and five hundred dollars ($4,500.00) for the purchase of 105 Loepere, 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. Recommended by the Committee on Community Development / n TA[3_rmv TAwP60lmswor&rmv17c1 E -12c c1 t. m I . A V3 1p R'► � e e e e e e e e ' FAPWd B. Campbell -Peace Bridge Exp Proj -Draft Envir Impact Statement (No 35 9118) That the above item be the same and hereby is Received and Filed. ADOPTED 4 Recommended by the Committee on Community Development it) r A x :1 LEGISLATION (Joseph Golombek Jr., Chairman) City Clerk's Department BUFFALO November 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. 36 PASSED November 25, 2008 J. Perisco, Owner, Rezone I I West Northrup From A (CM) Commercial to a (R2) Dwelling District (Univ)(hrg 11112)(#42, 10128) Gerald A Chwalinski City Clerk U -14M O Jennifer C. Persico, Petition to Rezone I I West Northrup from a (CM) Commercial to a (R2) Dwelling District (Item No. 42, C.C.P., Oct. 28, 2008) (Item No. 66, C.C.P., Nov. 1.2, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek proved: That the Common Council of the City of Buffalo sloes hereby ordain as follows: That that part of the Loving Ordinances of the City of Buffalo, Section 511 -126 of Article XXV of Chapter 511 as it relates to the use reap thereof be amended to show a "R2" Dwelling I_)istri.ct rather than a "CM" Conn - iercial District for the premises known as 11 West Northrop, and more particularly described as follows: ALL TIIAT `i OR PARCEL OF LAND, situate in the City of Buffalo, County of 1 "rie and State of New York, being part of Lot 71, Township 11, Range 8, being more particularly described as follows: BtG1NNING at a point in the northerly litre o' West Northrup Place (as a 50 foot wide road), distant 109.30 feet westerly from the northwesterly line of Main Street (as a 99 foot wide road); Thence westerly continuing along the northerly line of said West Northrup Place, a distance of 31.70 feet to a point; Thence northerly at right ankles, a distance of 84.68 Fcet to a point; Thence easterly and parallel with the northerly line of said West Northrup Place a distance of31.70 feet to a point; "Thence southerly at right angles with the northerly line of said West Northrup .Place, a distance of 84.68 feet to the point and place of beginning. This parcel containing 2,684 Ft. more or less, and also Driveway Access Easement ALL THAT TRACTOR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot 71, Township 11, Range 8, being more particularly described as follows: BEGINNING at a point in the northerly line of West Northrup Place (as a 50 foot wide road), distant 109.30 feet westerly from the northwesterly line of . 'Main Street (as a 99 foot wick road); Thence northerly at right angles, a distance of 84.68 feet to a point; Thence easter=ly and parallel with the northerly line of said West Northrup Place, a distance of 14.0 feet to a point; Thence southerly at right angles with the northerly line of said West Northrup Place, a distance of 84.68 feet to a point in the northerly line of said West Northrup Place; Thence westerly along the northerly line of said West Northrup Place, a distance of 14.0 feet to the point and place of beginning. i This rezoning shall be effective providing the following; conditions are met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Eric County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this rezoning wi.fl not be effective until such conditions as set by the City Plaiiiiing Board are met. That this Common Council finds this action to be an Unlisted Action under the S.f:.Q.R. Act and adopts petitioner's findings such that no further environmental review is required unde. € said Act. It is hereby certified, pursuant to Section 3 -19 of the Charter that the Unmechate passage of the fioregoing ordinance is necessary. y9.,y l Reconncnded by the Committee on Legislation A ( YI, - A ' Ch 11' 11a11 - -- Approval as to Form Alisa A. Lukasiewicz Corporation Counsel Timothy A. Ball Assistant Corporation Counsel Passed "FAR:rnv t:lwpf 0\msword\rmv%42c I 0- 28rezonecAoc •� � ;ir ;� . IA i t/i 1p !► ' t f f - i t i t ` f t ' City Clerk's Department BUFFALO Novem 26, 2 008 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. 37 PASSED November 25, 2008 Second Hand Dealer -1049 Broadwaffill)(EDPI) Gerald A Chwalinski City Clerk 1 F I V I VIA Sep o --hand Dealer — I (AQ �........� r.uavx � av - ri viiiuuvv sty (Item No. 28, C.C.P., Nov. 12, 2008) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Marls Speesc d /b /a Relit A Center located at 1049 Broadway. Passed. Recommended by the Committee on Legislation t Chairman 'TAB:nnv tA%vp60\m.-, vord\mw\28c l I- 12c.doc City Clerk's Department BUFFALO November 26 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO f 101 : F.11 00,41.4 1 IN Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 38 PASSED November 25 2008 Second Hand Dealer-2400 Seneca St (South)(EDPI) Gerald A Chwalinski City Clerk 1: 0 Secondhand Dealer — 2400 Seneca Street (Item No. 30, C.C.P., Nov. 12, 2008) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services he, and he Hereby is aUthoriled to grant a Second Hand Dealer License to Mark Speese d /h /a Rent A Center located at 2400 Seneca Street. Passed. Recommended by the Committee on Legislation - � D' Chairman 1 Tna:rmy tA%vp6Udnsword\rmvl3 k 1 - 12c.doc .. � ����� .. � � ; • � � i � " V Cif � �_ r..ru� • � � � � I . -� � �® � i� 1 } t ar� � ? � � f f # � ��4����� a f � �- r • �' - , �.^ '_.�_. City Clerk's Department BUFFALO November 2b, 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. 39 PASSED November 25, 2008 Ordinance Amendment Ch 270 Eviction for Illegal Drug Use Gerald A Chwalinski City Clerk 0 �fl zu!y dt i )l1 Ordinancc Anic1Ad moot - Chapter 270 - I°.+Ikdoll Or Blegal Drug Use and PossessKii L/ (Item No. 81, C.C.P., Nov. 12, 2008) That the Ordinance Amendment as contained in Item No. 81, C.C.Y., Noven 12, 2008, be and the same hereby is approved. Passed Recommended by the Committee on Legislation lr� �Q- Chairman nj 'rAB;rmv TAwp601nmvordlnmA81 c I 1- 12c.doc 1` � �l�ttar C W% %D � E e3 t City Clerk's Department BUFFALO November 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. 40 PASSED November 25, 2008 Ordinance Amendment Ch. 150 Dance and Dance Halls Gerald A Chwalinski City Clerk [5 VY P "J P) "J (J 1 V11 in at e t11[1G11U111[:113. Chapter 1 50 - -' ' Dance aml LJancu liallS �` "� (Item No. 82, C.C.P., Nov. 12, 2008) d That the Ordinance Amendment as contained in Item No. 82, C.C.P., November 12, 2008, be and the same hereby is approved. Passed Recommended by the Committee on Legislation � ? Chairman TAB.rniv T:lwpfi4lmsworc3lrnrv\22c 1 I - 12c.doc w 1 b %D t-ft Recommendations -Four Applications for Landmark Sites (Pres Bd) (Except Heath House & Elmwood Park - former school 46 at 389 Virginia) (Publ Hrg 9/23)(43, 912)( #80,9130) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation p Y'I_Q 1� I! Parking Reg- Lafayette Pres Church -592 Lafayette Ave (#1131, 314) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation �l v (Y 17 Special Committees (I BUDGET COMMITTEE (Richard A. Fontana, Chairman) 11 " r Third Quarter Gap Sheets (ccp# 14, 718) That the above item be the same and hereby is Received and filed ADOPTED Recommended by the Special Committee on Budget C S! Schedule of Common Council Budget Meetings and Budget Hearings (CP) (ccp# 23, 4129) That the above item be the same and hereby is Received and Piled ADOPTED Recommended by the Special Committee on Budget \r1 r= Request City Depts & BURA to Submit Travel Expenses From 7/2005 (Exec I" & 2 °d Resolve) (ccp# 127, 4 /I6) That the above item be the same and hereby is Referred to the Committee on Finance ADOPTED I � - �Ic X. "- 0 , e�ya—� Recommended by the Special Committee on Budget C"" r 'a' ngy - ce ( _3_. , t+ Second Quarter Gap Sheet FY ending June 30, 2008 (Comet) (cop# 35, 314) That the above item be the same and hereby is Received and Filed ADOPTED Ied Recommended by the Special Committee on Budget 9�-, � Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2007 (Compt) (ccp# 15, 1122) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Special Committee on Budget 2 °d Quarter Gap 2007 -2008 (ccp #27,2119) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Special Committee on Budget COB Four Year Finwicial Plan- 511107 (Mayor) } (cep #3, 5/15) That the above item be the same and hereby is Received and Filed ADOPTED .. _. Ile ZAV Recommended by the Special Committee on Budget P. Wolf- Responses- Support of Creating Quality of Life Ctrs (ccp #67, 5115) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Special Committee on Budget C�� D. Bonifacio- Capital Improvement Program Memo Aug I, 2007 i (ccp#79, 914) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Special Committee on Budget '14' `f) 5. STS Bringing City Gov't Closer to Our Neighborhoods by Est Neighborhood Quality of Life Centers (9130,4/17) (ccp# 114, 10/30) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Special Committee on Budget J B. Davis -H. Nowak - Funding for Receivership Revolving Loan Fund (ccp# 65, 414) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Special Committee on Budget G Funding for Receivership Dev Loan Fund (Strat Plan) (ccp# 2, 5 /2) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Special Committee on Budget C �j WATERFRONT DEVELOPMENT MICHAEL P. KEARNS CHAIRMAN 0CID0S :, E� C. Avino- Concerns Safety at Buffalo Naval Park(Speeding Vehicles)Agreernent (Except I" Res) (ccp# 71, 7122) That the above item be the same and hereby is Received and piled. ADOPTED Recommender[ by the special Committee on Waterfront Development RESOLUTIONS Nov 25, 2008 0,0 1005G By: Mr. Davis Re: Appointments to Shared Asset Forfeiture Fund Advisory Committee (SAFFAC) Whereas: The Shared Asset Forfeiture Fund (SAFF) was added to the City Charter in 2006, Section 16 -24, in the Department of Police to provide funding to private, not -for- profit and community -based organizations classified as and meeting the requirements of 26 U.S.C. 501C (3) or (4), for conducting programs associated with law enforcement, crime, drug and alcohol abuse prevention, that contribute to the safety, betterment, and physical well-being of youth within the City of Buffalo; and Whereas: Section 16 -25 of the City Charter states the Shared Asset Forfeiture Fund Advisory Committee (SAFFAC) shall consist of five members, each leaving voting power. The Commissioner of Police shall be a member, along with the Mayor and Common Council each appointing two members; and Whereas: In compliance with Section 16 -25 of the City Charter, the Common Council advances the following undersigned for appointment to the SAFFAC with voting power: •:+ Danielle N. Judge- Johnson, 34 Montana Avenue, Buffalo, 14211, is the Director of Resource Development for the Boys and Girls Clubs of Buffalo. She has over 10 years experience dealing with youth in the not for profit sector; and ❖ Montique Williams, 6 Freeman Street, Buffalo, 14215, is a Vice President at Key Bank and has over 9 years experience in the finance community; and Now, Therefore, Be It Resolved: �t1 t O r� That this Common Council hereby appoints Danielle N. Judge - Johnson and Montique Williams as members of the Shared Asset Forfeiture Fund Advisory Committee with voting powers for a two -year term expiring on December 31, 2010. Brian C. Davis t 1 By" ey; :Mr, Davis RESOLUTION RE: Shoreline Apartments Renovation Proposal WHEREAS, On October 141, 1960, the Buffalo [urban. Renewal Agency (hcreinafter "BUIIR ") granted, conveyed and rcle;ased its interest in a piece of'property commonly: known as 99 Carolina Street, . Buffalo, N.Y., 14201 and n specifically described in a Deed on file under Liber 7637, Pagc 630 at the Erie County Clerk's Office to the New York State Urban Development Corporation as part of the Waterfront Redevelopment Projcct N.Y. R -35; WHEREAS, Said Deed contained a restriction that provided that from the time of the indenture through October 29, 2013, no change shall be made in the improvements constructed thereon without the consent and approval of the Common Council at Nbcr 7637, Page 565; WHEREAS, Norstar Development USA, L.P. acquired the general partner interest in the Shoreline Limited Partnership, which owns the Shoreline; Apartments located at 99 Carolina Street, has come forward with a proposal to demolish and renovate 142 apartment units in 11 two - and three -story buildings located on the site; WH f AS, Norstar Development's proposal contemplates the conversion of said buildings from 28 one - bedroom units, 102 two - bedroom units and 12 three- bedroom units into 87 units, including I I one — bedroom units, 37 two - bedroorn units, 8 three - bedroom units with one bath., 29 three - bedroom units with two baths and two five- bedroom units with two baths, with all units to be outfitted with new kitchens and baths; WHEREAS, Norstar's $18.2 million proposal also calls for the re-pointing, painting/covering of the ribbed concrete block fagade, the replacement of the block walls on the patios with ornamental railings and the addition of new windows with louvers and paneling and the conversion of the exiting electrical heating system to a gas -fired system; WHEREAS, the Common Council supports the modernization and reconstruction of the property as above -described; NOW, THEREFORE ,13E IT RESOLVED, that the Common Council hereby approves and consents to the changes in the improvements constructed at 99 Carolina Street in the City of Buffalo, as they are enumerated and described above and in so doing consents and approves any demolition, reconstruction and rehabilitation work incidental thereto and; +, IT FURTHER RESOLV ED, that the Common Council authorizes the Corporation to Counsel to draft, finalize, execute and file any legal instruments necessary to evidence its approval and consent to the changes enumerated herein. ADOPTED Brian C. Davis 1 f if <` > By: Mr. F ontana RE xt!use Coun ilowniber Rivera frojj, C'ouncil i1!Iecting on Mwe"Iber 2 -, 2008 Whereas: David A. Rivera, Niagara District Councilmcnlber, requests permission to be excused from the November 25, 2005, meeting of the Common Council. Nov, Therefore, Be It Resolved: That the Common Council of the City of I31tffalo excuses .David A. Rivera, Niagara District Co Line]Iinember, from the November 25, 20088 meeting of the BufTalo Common Council. Richard A. Fontana ADOPTED 7 - 4 � �- BY: MR. FRANCZYK RE: ADDITIONAL APPOINTMENTS TO BROADWAY MARKET TASK FORCE WHEREAS: The Broadway Market Task Force has been created to assist in the improving and strengthening of the Broadway Market, ensuring its viability as a unique neighborhood, city and regional asset for many years to come; NOW THEREFORE BE IT RESOLVED. That the following individuals be added to the Broadway Market Task Force: Martin Biniasz, 244 Potters Road, Buffalo, NX 14220 and Darryl McPherson, 600 Main Street, Suite 901, Buffalo, N.Y. 14202. Mr. Biniasz is employed by New York State OTB and is co- organizer of the Annual Dyngus Day Parade and Mr. McPherson is City of Buffalo Auditor. I C, (A VID A. FRANCZYK MoprejD 1 01 �' C .� gig. By: Mr. Golornbek and Mr. LoCurto RESOLUTION r RE: Permission to Mang Banner Across Delaware Avenue Whereas: The Delaware Family Branch of YMCA Buffalo Niagara will kick off its annual Strong Kids Campaign on December 1, 2008; and Whereas: Serving the local community since 1927, the Delaware Family Branch provides essential programs to individuals and families as well as providing scholarship assistance to many more children and families who otherwise would be unable to participate in YMCA programs; and Whereas: The YMCA Buffalo Niagara is requesting permission to hang, one (1) bander at the corner of Delaware and Avery in front of their building to promote this event; and Whereas: 'Fhe banner will hang across 2564 and 2579 Delaware Avenue from December 1, 2008 to March 1, 2009; Now, Therefore, Be It Resolved: That the City of Buffalo hereby permits the Delaware Family Branch ofthe YMCA Buffalo Niagara to hang a banner across 2564 and 2579 Delaware Avenue to promote their Strong Kids Campaign. The banner will be installed on December 1, 2008 and stay up until March 1, 2009; and Now, Therefore, Be It Further Resolved: That the banner be hung in accordance; with all conditions, restrictions, and requirements as sett forth by the City of Buffalo and the Department of Public Works, Parks and Streets. ADOPT Michael J. LoCurto 1A Je.. City Clerk's Department BUFFALO November 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. 61 Scajaquada Creekside Recreation Trail PASSED November 25, 2008 Gerald A Chwalinski City Clerk k C I , - RESOLUTION Sponsor: Michael J. LoCurto RE: Scajaquada Creekside Recreation Trail Whereas; the Buffalo Ohnsted Parks Conservancy is applying to the New York State Office of Parks, Recreation and Historic Preservations for a $200,000 grant under the Recreational Trails Program for a trail project to be located in the City of Buffalo from Delaware Park. to the Niagara Riverwalk Greenway Trail, a site located within the territorial jurisdiction of this Council; and Whereas: as a requirement under the rules of these programs, said not - for - profit corporation must obtain the "approval/endorsement of the governing body of the municipality in which the project will be located "; NOW TIlf'RETORE, be it resolved that the Common Council of Buff'alo hereby does approve and endorse the application of the Buffalo Olmsted Parks Conservancy for a grant under the Recreational Trails Program for a trail project known as the Scajaquada Creekside Recreation Trail and located within this community. And further, it is resolved that, should Buffalo Olmsted Parks Conservancy be unable to do so, said properly shall be maintained by the City of Buffalo consistent with the rules promulgated by OPRI -IP. Michael J. KoCurto Er ` P ASSED �� 1 . 14 is LA City Clerk's Department BUFFALO November 26, 2008 , IN %-.* I 1 -.00 0 " ,1, 1 ' DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 62 PASSED November 25, 2008 Salary Ordinance Amendment Various Departments Gerald A Chwalinski City Cleric t t qx J ° j � i v1 BY: Ms. RUSSELL SALARY ORDINANCE AMENDMENT !1 f VARIOUS DEPARTMENTS The Comnton Council of the City of Buffalo does ordain as follows: That Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to Various Departments under the various subheadings relating to positions listed below is hereby as follows: Note: Old Salaries are in brackets This ordinance shall take effect as per the respective dates on the attached schedules. APPROVED AS TO FORM Corporation Counsel 11/19/2008 Attachment (Y This ordinance shall be effective July 1, 2008. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Janet Penksa, Commissioner of Administration, finance, Policy & Urban Affairs, 11, McCarthy Gipson, Commissioner of Police, Michael Lombardo, Commissioner of hire, Karla L. Thomas, Commissioner of Human Resources Steven Stepniak, Commissioner of Public Works, Parks & Streets, Tanya Perrin "- Johnson, Commissioner of Community Services, Gerald Chwalinski, City Clerk, Andrew A. SanFilippo, Comptroller and Donna J. Estrich, Director of Budget, Administration and Finance, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing; ordinance. ®ro ran An rew A. San.l"Ili o Comptroller a of Administration, Finance, y & Urban Affairs - 8feven J. Swp"' iak Commissioner of Public Works, Parks and Streets Michael Lombardo Commissioner of Fire H.,McCarthy Gipson Commissioner of Police f= 114 .1 Gerald Chwalinski City Clerk Donna J. Fstrich Director Administration & Budget Tanya Perrin J nson Commissioner of Community Services a la L. Thoma, Commissioner of I luman Resources 1 4 1 2 1 1 2 1 4 13 1 3 ON 9622 9621 5340 2160 9622 5320 5200 5330 9622 9622 1 6170 962B 5 6100 11 9622 1 9600 1 9622 3 2101 19 2100 5 1 1 9 5 2 2169 6170 6150 6011 9622 LABORER II (25,780) - (29,183) LABORER I (23,733) -- (26,782) 05-1052 (25,780) - (29,183) ADMINISTRATIVE ADJUDICATION ORDINANCE COMPLIANCE OFFICER (27,819) - (31,106) 14 -1112 (32,447) (37,353) TOWING & STORAGE (30,677) - (34,742) SUPERINTENDENT OF FLEET OPERATION (36,381) - (42,173) LABORER II (25,780) - (29,183) DISPATCHER (29,529) - (33,188) 14 -1113 (41,074) - (48,198) METERS & ENFORCEMENT (32,156) - (36,731) PARKING METER MECHANIC (27,808) - (30,954) PARKING ENFORCEMENT OFFICER (27,143) - (30,038) SUPT OF PARKING METERS & ENFORCEMENT (36,381) - (42,173) LABORER 11 (25,780) - (29,183) 15 -1045 COLLECTIONS LABORER 11 (25,780) - (29,183) 17 -1081 INVENTORY & STORES MOTOR EQUIPMENT MECHANIC SUPERVISOR 1 (32,156) - (36,731) LABORER II (DAILY) (26,946) - (30,532) TIRE MECHANIC (27,143) - (30,038) LABORER II (25,780) - (29,183) LABORER (26,297) - (28,900) 17 -1082 33,314 29,385 - PRINT SHOP 38,909 44,880 LABORER II (25,780) - (29,183) 20 -1121 POLICE ADMINISTRATION & COMMUNICATIONS SENIOR PUBLIC SAFETY DISPATCHER (32,447) (37,353) PUBLIC SAFETY DISPATCHER (30,677) - (34,742) CAMERA MONITORS (29,514) - (33,339) 20 -1122 FLEET MAINTENANCE SUPERINTENDENT FLEET MAINTENANCE (41,074) - (48,198) MOTOR EQUIPMENT MECHANIC SUPERVISOR 1 (32,156) - (36,731) MOTOR EQUIPMENT MECHANIC (30,349) - (34,011) TOW TRUCK OPERATOR (27,808) - (30,954) LABORER 11 (25,780) - (29,183) 20 -1123 27,979 31,488 25,869 29,012 30,081 - 33,470 38,909 44,880 27,979 - 31,488 31,845 35,616 30,070 33,314 29,385 - 32,369 38,909 44,880 27,979 - 31,488 27,979 - 31,488 34,553 - 39,270 29,181 - 32,878 29,385 - 32,369 27,979 - 31,488 28,512 - 31,196 27,979 - 31,488 34,853 39,911 33,028 - 37,219 31,829 - 35,773 43,747 - 51,092 34,553 - 39,270 32,690 - 36,465 30,070 - 33,314 27,979 - 31,488 Salary Ordinance Amendment Local 264 t 2QQ8. ,lot) Title. 2007 2008 200$ 1 8210 7 9621 3 9622 1 7480 1 104B 1 7461 3 7460 2 7420 1 9 2310 1 2350 1 6170 6 6150 1 1 3586 1 6730 1 9621 1 1 1 2 1 2 1 7 1 1 9621 2180 7422 7430 7421 6730 6700 7090 9622 9621 2 1 1 6 1 2 1 1 1 1 2 1 4 4311 6040 6680 4310 9622 9621 6002 6150 6321 6700 6920 7060 6000 BUILDING MAINTENANCE HEAD JANITOR LABORERI LABORER 11 21 -1135 FIRE ALARM & TELEGRAPH SUPERINTENDENT OF COMMUNICATIONS OPERATIC RADIO SUPERVISOR COMMUNICATIONS MAINTENANCE SUPERINTENDEN COMMUNICATIONS TECHNICIAN COMMUNICATIONS SPECIALIST SENIOR EMERGENCY SERVICES FIRE DISPATCHER ,EMERGENCY SERVICES FIRE DISPATCHER (27,143) - (30,038) (23,733) - (26,782) (25,780) - (29,183) - - (71,816) (39,472) - (45,789) (39,472) - (45,789) (32,156) - (36,731) (30,677) - (34,742) (41,983) - (49,271) (29,514) - (33,339) 21 -1136 FIRE FLEET MAINTENANCE SUPERINTENDENT OF FIRE VEHICLE MAINTENANCE (41,983) (49,271) MOTOR EQUIPMENT MECHANIC SUPERVISOR 1 (32,156) - (36,731) MOTOR EQUIPMENT MECHANIC (30,349) - (34,011) J r 29,385 - 32,369 25,869 - 29,012 27,979 - 31,488 - - 75,442 42,095 - 48,608 42,095 - 48,608 34,553 - 39,270 33,028 - 37,219 44,684 - 52,198 31,829 - 35,773 44,684 - 52,198 34,553 - 39,270 32,690 - 36,465 21 -1138 FIRE HEADQUARTERS & STATION HOUSE CARPENTER (29,529) - (33,188) 31,845 35,616 SIGN PAINTER (29,529) - (33,188) 31,845 35,616 LABORER[ (23,733) - (26,782) 25,869 29,012 25 -1054 (27,808) - (30,954) 30,070 33,314 CIVIL SERVICE (25,780) - (29,183) 27,979 - 31,488 LABORER I (23,733) - (26,782) 25,869 29,012 31 -1191 (28,989) - (32,520) 31,288 - 34,928 TRAFFIC ENGINEERING SUPERINTENDENT OF TRAFFIC SIGNAL SYSTEM (36,381) - (42,173) 38,909 - 44,880 TRAFFIC SIGNAL TECHNICIAN (35,637) - (41,151) 38,142 - 43,826 TRAFFIC SIGNAL SPECIALIST SUPERVISOR 1 (32,156) - (36,731) 34,553 - 39,270 TRAFFIC SIGNAL SPECIALIST (30,677) (34,742) 33,028 - 37,219 SIGN PAINTER (29,529) - (33,188) 31,845 - 35,616 ELECTRICIAN (29,529) _ (33,188) 31,845 - 35,616 MACHINE OPERATOR (27,143) (30,038) 29,384 - 32,369 LABORER 11 (25,780) _ (29,183) 27,979 - 31,488 LABORER I (23,733) - (26,762) 25,869 - 29,012 31 -1211 REPAIR & CONSTRUCTION OF STREETS STREET REPAIR SUPERVISOR 1 (31,422) - (35,661) 33,797 38,166 EQUIPMENT OPERATOR (29,529) - (33,188) 31,845 35,616 CEMENT FINISHER (29,529) - (33,188) 31,845 - 35,616 STREET REPAIR WORKER (27,808) - (30,954) 30,070 33,314 LABORER II (25,780) - (29,183) 27,979 - 31,488 LABORER[ (23,733) - (26,782) 25,869 _ 29,012 31 -1213 BRIDGES SUPERVISOR OF WATERWAY AND BRIDGE MAINTEN (35,242) (41,231) 37,734 43,909 MOTOR EQUIPMENT MECHANIC (30,349) - (34,011) 32,690 - 36,465 MARINE ELECTRICAL MECHANICAL OPERATOR (29,529) (33,188) 31,845 - 35,616 ELECTRICIAN (29,529) _ (33,188) 31,845 - 35,616 GENERAL MECHANIC (29,529) (33,188) 31,845 - 35,616 COMBO WELDER (29,529) - (33,188) 31,845 - 35,616 BRIDGE: OPERATING ENGINEER (28,989) - (32,520) 31,288 - 34,928 3 31 -1216 LIGHTING OF STREETS 21 9622 1 LABORER 11 2 1 1 2 2 2 1 1 17 9 1 1 6 13 5 30 24 4 12 1 10 6740 6920 6380 6510 6550 658B 6630 6700 9622 9621 9600 32 -1096 OPERATIONS & MAINTENANCE PUBLIC WORKS PAINTER GENERAL MECHANIC HEATING EQUIPMENT SERVICE WORKER PLUMBER STEAMFITTER CARPENTER MASON ELECTRICIAN LABORER II LABORERI LABORER 50 -1230 STREETS & SNOW REMOVAL 5021 SUPERINTENDENT OF STREET SANITATION 5020 SUPERVISOR STREET SANITATION 1 6041 HEAVY EQUIPMENT OPERATOR 5320 DISPATCHER 6040 EQUIPMENT OPERATOR 6021 TRUCK DRIVER STREETS 962B LABORER 11 (DAILY) 9622 LABORER 11 TRAINING OFFICER 5010 1 6191 3 7059 2 6170 7 6150 1 962B 61 9622 1 1 1 3 6 1 1 2830 2811 SA95 2810 2850 9622 962B 50 -1235 STREETS LABOR POOL ISTREETWORKER 50 -1250 STREETS FLEET MAINTENANCE FLEET COORDINATOR WELDER MOTOR EQUIPMENT MECHANIC SUPERVISOR I MOTOR EQUIPMENT MECHANIC LABORER II (DAILY) LABORER II 52-1303 VERMIN & ANIMAL CONTROL DIRECTOR ANIMAL CONTROL HEAD EXTERMINATOR ANIMAL SHELTER ATTENDANT EXTERMINATOR DOG CONTROL OFFICER LABORER II LABORER II (DAILY) 55 -1412 SENIOR SERVICES 1 9621 ]LABORER 1 2 6031 VAN DRIVER (25,780) - (29,183) (31,422) - (35,661) (29,529) - (33,988) (29,529) - (33,188) (29,529) - (33,188) (29,529) - (33,186) (29,529) - (33,188) (29,529) - (33,188) (29,529) - (33,188) (25,780) - (29,183) (23,733) - (26,782) (26,297) - (28,900) (36,381) - (42,173) (31,422) (35,661) (30,677) _ (34,742) (29,529) - (33,188) (29,529) - (33,188) (28,996) - (32,143) (26,946) - (30,532) (25,780) - (29,183) (32,156) - (36,731) (28,129) - (31,723) - - (41,751) (28,989) (32,520) (32,156) - (36, 731) (30,349) (34,011) (26,946) - (30,532) (25,780) (29,183) (34,341) - (39,546) (34,341) - (39,546) (28,629) (31,775) (27,808) - (30,954) (28,989) - (32,520) (25,780) - (29,183) (26,946) _ (30,532) (23,733) - (26,782) (23,651) - (26,656) 27,979 - 31,488 33,797 38,166 31,845 35,616 31,845 35,616 31,845 35,616 31,845 35,616 31,845 35,616 31,845 35,616 31,845 35,616 27,979 31,488 25,869 29,012 28,512 31,196 38,909 44,880 33,797 38,166 33,028 37,219 31,845 35,616 31,845 35,616 31,295 34,539 29,181 32,878 27,979 - 31,488 34,553 39,270 30,401 - 34,106 - 44,445 31,288 - 34,928 34,553 - 39,270 32,690 36,465 29,181 32,878 27,979 - 31,488 36,805 42,172 36,805 42,172 30,917 34,160 30,070 - 33,314 31,288 34,928 27,979 31 ,488 29,181 32,878 25,869 29,012 25,784 28,883 Salary Ordinance Amendment Local 264 008 Job Title 2007 2008 ENTERPRISE FUNDS WATER 37 -1360 WATER - INSPECT & METER READING 1 4820 CHIEF WATER SERVICE INSPECTOR (33,670) -- (38,866) 5 4800 WATER SERVICE INSPECTOR (32,014) - (36,798) 7 5300 METER READER (27,912) - (31,360) 1 1 8 1 1 4 1 5 37 -1361 WATER - REPAIR & INSTALL METER 5240 WATER METER MECHANIC SUPERVISOR 1 5210 WATER METER TESTER 5230 WATER METER MECHANIC 37 -1362 WATER - ENGINEERING & INSPECTION 4830 WATERLINE INSPECTOR 37 -1370 WATER - FILTRATION PLANT 4780 FILTRATION PANT MAINTENANCE SUPERVISOR 1 4410 FILTRATION PLANT OPERATOR 4821 CHIEF WATER POLLUTION INSPECTOR 4409 ASSISTANT FILTRATION PLANT OPERATOR 962W LABORER II 37 -1371 WATER - INTAKE 2 3 1 5 6 1 2 1 1 2 8 2 45 70 6 LABORER II 37 -1372 WATER - DISTRIBUTION 602W HEAVY EQUIPMENT OPERATOR (WATER) 6020 TRUCK DRIVER 4710 SENIOR WATER SERVICE WORKER 532W DISPATCHER 4700 WATER SERVICE WORKER EQUIPMENT OPERATOR 37 -1380 WATER - MECHANICAL SERVICES 6722 ELECTRICAL SUPERINTENDENT 624W ENGINE MECHANIC 655W STEAMFITTER 670W ELECTRICIAN 692W GENERAL MECHANIC 5021 5020 5320 6021 5010 9622 STREETS ENTERPRISE 51 -1260 REFUSE & RECYCLING SUPERINTENDENT STREET SANITATION SUPERVISOR OF STREET SANITATION I DISPATCHER TRUCK DRIVER STREETS STREET WORKER LABORER 11 51 -1280 BUILDING & FLEET MAINTENANCE 1 6170 MOTOR EQUIPMENT MECHANIC SUPERVISOR 1 7 6150 MOTOR EQUIPMENT MECHANIC (33,670) (38,866) (31,954) - (35,736) (30,388) - (34,700) (35,637) - (41,151) (33,670) - (38,866) (32,447) - (37,353) (33,670) - (38,866) (30,388) - (34,700) (26,289) - (29,255) (26,289) - (29,255) (33,670) (38,866) (27,808) (30,954) (32,014) (36,798) (30,388) - (34,700) (30,388) - (34,700) (34,371) - (39,830) (32,447) - (37,353) (32,447) - (37,353) (32,447) - (37,353) (32,447) - (37,353) (36,381) - (42,173) (31,422) - (35,661) (29,529) - (33,188) (28,996) - (32,143) (28,129) - (31,723) (25,780) - (29,183) (32,156) - (36,731) (30,349) - (34,011) 36,113 41,471 34,406 39,339 30,177 33,732 36,113 41,471 34,345 38,244 32,730 37,176 38,142 - 43,826 36,113 - 41,471 34,853 - 39,911 36,113 - 41,471 32,730 37,176 28,504 - 31,561 28,504 - 31,561 36,113 41,471 30,070 33,314 34,406 39,339 32,730 37,176 32,730 37,176 36,837 - 42,465 34,853 - 39,911 34,853 - 39,911 34,853 39,911 34,853 - 39,911 38,909 44,880 33,797 - 38,166 31,845 - 35,616 31,295 34,539 30,401 34,106 27,979 31,488 34,553 - 39,270 32,690 36,465 This ordinance shall be effective: July 1, 2007. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Janet Penksa, Commissioner of Administration, Finance, Policy & Urban Affairs, 11. McCarthy Gipson, Commissioner of Police, Michael Lombardo, Commissioner of Fire, Karla L. `I bomas, Commissioner of Human Resources, Steven Stepniak, Commissioner of Public Works, Parks & Streets, Tanya Perrin — Johnson, Commissioner of Community Services, Gerald Chwalinski, City Cleric, Andrew A. SanFilippo, Comptroller and Donna J. Estrich, Director of Budget, Administration and Finance, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the. positions set forth in the foregoing ordinance. B o W. Brown or i ndrew A. San.Fil' po Comptroller 11 of Administration , Finance, & Urban Affairs d I -1. 4cCarthy Gipson Commissioner of Police ' Michael Lombardo Commissioner of Fire Streets Gerald Chw linski City clerk f Donna J. Estrich Director Administration & Budget Tanya Perrin- o nson Commissioner of Community Services a L. Thomas missioner of Human Resources Salary Ordinance Amendment Local 264 D08 Jo.b Title 2007 - 2008. 2007 2008 ` 02 -1020 CITY CLERK 1 9622 LABORER II (24,430) - (27,833) 25,780 - 29,183 W' 02 -1021 RECORD MANAGEMENT IMPROV. 4 9622 LABORER If (24,430) -- (27,833) 25,780 - 29,183 03 -1514 REAL ESTATE 1 9622 2 9621 1 5340 1 2160 2 9622 1 5320 LABORER II LABORER I (24,430) (27,833) (22,383) (25,432) 25,780 - 29,183 23,733 - 26,782 4 5200 13 5330' 1 3 9622 2 9622 1 6170 962B 5 6100 11 9622 1 9600 1 9622 3 2101 19 2100 1 2161 1 6170 9 6150 5 6011 2 9622 05 -1052 ADMINISTRATIVE ADJUDICATION ORDINANCE COMPLIANCE OFFICER 14 -1112 TOWING & STORAGE SUPERINTENDENT OF FLEET OPERATION LABORER II DISPATCHER 14 -1113 METERS & ENFORCEMENT PARKING METER MECHANIC PARKING ENFORCEMENT OFFICER SUPT OF PARKING METERS & ENFORCEMENT LABORER II 15 -1045 COLLECTIONS LABORER II 17-1081 INVENTORY & STORES MOTOR EQUIPMENT MECHANIC SUPERVISOR I LABORER II (DAILY) TIRE MECHANIC 1BORER II ,BORER 17 -1082 PRINT SHOP LABORER II 20 -1121 POLICE ADMINISTRATION & COMMUNICATIONS SENIOR PUBLIC SAFETY DISPATCHER PUBLIC SAFETY DISPATCHER CAMERA MONITORS 20 -1122 FLEET MAINTENANCE SUPERINTENDENT FLEET MAINTENANCE MOTOR EQUIPMENT MECHANIC SUPERVISOR I MOTOR EQUIPMENT MECHANIC TOW TRUCK OPERATOR LABORER It 20 -1123 BUILDING MAINTENANCE (26,469) - (29,756) 27,819 - 31,106 (35,031) (40,823) (24,430) (27,833) (28,179) - (31,838) 36,381 - 42,173 25,780 - 29,183 29,529 - 33,188 (26,458) _ (29,604) (25,793) (28,688) (35,031) (40,823) (24,430) (27,833) (24,430) - (27,833) (30,806) - (35,381) (25,596) (29,182) (25,793) (28,688) (24,430) (27,833) (24,947) (27,550) (24,430) - (27,833) (31,097) (36,003) (28,164) (31,989) (28,164) (31,989) (39,724) (46,848) (30,806) (35,381) (28,999) (32,661) (26,458) (29,604) (24,430) (27,833) 27,808 - 30,954 27,143 - 30,038 36,381 - 42,173 25,780 - 29,183 25,780 29,183 32,156 - 36,731 26,946 - 30,532 27,143 - 30,038 25,780 - 29,183 26,297 - 28,900 25,780 - 29,183 32,447 - 37,353 30,677 - 34,742 29,514 - 33,339 41,074 - 48,198 32,156 36,731 30,349 - 34,011 27,808 - 30,954 25,780 - 29,183 Salary Ordinance Amendment Local 264 1 7 3 1 1 1 3 2 1 9 7480 1048 7461 7460 7420 2310 1 2350 1 6170 6 6150 1 358B 1 6730 1 9621 9621 25 -1054 CIVIL SERVICE a 1 2180 1 7422 7430 2 7421 1 6730 2 6700. 1 7090: 7 9622 1 9621 2 1 1 6 1 2 1 1 1 1 2 1 4 3 21 -1135 FIRE ALARM & TELEGRAPH SUPERINTENDENT OF COMMUNICATIONS OPERATIC RADIO SUPERVISOR COMMUNICATIONS MAINTENANCE SUPERINTFNDEN COMMUNICATIONS TECHNICIAN COMMUNICATIONS SPECIALIST SENIOR EMERGENCY SERVICES FIRE DISPATCHER EMERGENCY SERVICES FIRE DISPATCHER - - Jnb Ti #le 3007 :: 2008 (38,122) 2007 - 2008 8210 HEAD JANITOR (25,793) (28,688) 27,143 - 30,038 9621 LABORER I (22,383) (25,432) 23,733 - 26,782 9622 LABORER II (24,430) - (27,833) 25,780 - 29,183 7480 1048 7461 7460 7420 2310 1 2350 1 6170 6 6150 1 358B 1 6730 1 9621 9621 25 -1054 CIVIL SERVICE a 1 2180 1 7422 7430 2 7421 1 6730 2 6700. 1 7090: 7 9622 1 9621 2 1 1 6 1 2 1 1 1 1 2 1 4 3 21 -1135 FIRE ALARM & TELEGRAPH SUPERINTENDENT OF COMMUNICATIONS OPERATIC RADIO SUPERVISOR COMMUNICATIONS MAINTENANCE SUPERINTFNDEN COMMUNICATIONS TECHNICIAN COMMUNICATIONS SPECIALIST SENIOR EMERGENCY SERVICES FIRE DISPATCHER EMERGENCY SERVICES FIRE DISPATCHER - - (70,466) (38,122) (44,439) (38,122) (44,439) (30,806) - (35,381) (29,327) _ (33,392) (40,633) (47,921) (28,164) (31,989) 71,816 39,472 -- 45,789 39,472 - 45,789 32,156 - 36,731 30,677 - 34,742 41,983 - 49,271 29,514 - 33,339 21 -1136 FIRE FLEET MAINTENANCE SUPERINTENDENT OF FIRE VEHICLE MAINTENANCE MOTOR EQUIPMENT MECHANIC SUPERVISOR I MOTOR EQUIPMENT MECHANIC 21 -1138 FIRE HEADQUARTERS & STATION HOUSE CARPENTER SIGN PAINTER LABORERI LABORER 31 -1191 TRAFFIC ENGINEERING SUPERINTENDENT OF TRAFFIC SIGNAL SYSTEM TRAFFIC SIGNAL TECHNICIAN TRAFFIC SIGNAL SPECIALIST SUPERVISOR I TRAFFIC SIGNAL SPECIALIST SIGN PAINTER ELECTRICIAN MACHINE OPERATOR LABORER II LABORER I 31 -1211 REPAIR & CONSTRUCTION OF STREETS 4311 STREET REPAIR SUPERVISOR 1 6040 EQUIPMENT OPERATOR 6680 CEMENT FINISHER 4310 STREET REPAIR WORKER 9622 LABORER 11 9621 LABORER I 6002 6150 6321 6700 6920 7060 6000 9622 31 -1213 BRIDGES SUPERVISOR OF WATERWAY AND BRIDGE MAINTEN MOTOR EQUIPMENT MECHANIC MARINE ELECTRICAL MECHANICAL OPERATOR ELECTRICIAN GENERAL MECHANIC COMBO WELDER BRIDGE OPERATING ENGINEER LABORER 11 (40,633) (47,921) (30,806) - (35,381) (28,999) (32,661) (28,179) (31,838) (28,179) _ (31,838) (22,383) - (25,432) (22,383) - (25,432) (35,031) - (40,823) (34,287) (39,801) (30,806) _ (35,381) (29,327) - (33,392) (28,179) - (31,838) (28,179) - (31,838) (25,793) - (28,688) (24,430) - (27,833) (22,383) - (25,432) (30,072) - (34,311) (28,179) - (31,838) (28,179) - (31,838) (26,458) - (29,604) (24,430) - (27,833) (22,383) - (25,432) (33,892) (39,881) (28,999) - (32,661) (28,179) - (31,838) (28,179) - (31,838) (28,179) - (31,838) (28,179) - (31,838) (27,639) (31,170) (24,430) (27,833) 41,983 - 49,271 32,156 - 36,739 30,349 - 34,011 29,529 - 33,188 29,529 - 33,188 23,733 - 26,782 23,733 - 26,782 36,381 - 35,637 32,156 - 30,677 29,529 29,529 - 27,143 - 25,780 23,733 - 42,173 41,151 36,731 34,742 33,188 33,188 30,038 29,183 26,782 31,422 - 29,529 - 29,529 - 27,808 -- 25,780 - 23.733 - 35,242 30,349 29,529 29,529 - 29,529 29,529 28,989 25,780 - 35,661 33,188 33,188 30,954 29,183 26,782 41,231 34,011 33,188 33,188 33,188 33,188 32,520 29,183 r;� Salary Ordinance Amendment Local 264 219622 2 1 1 2 2 2 1 1 17 9 1 6740 6920 6380 6510 6550 6588 6630 6700 9622 9621 9600 LABORER II 32 -1096 OPERATIONS & MAINTENANCE PUBLIC WORKS PAINTER GENERAL MECHANIC HEATING EQUIPMENT SERVICE WORKER PLUMBER STEAMFITTER CARPENTER MASON ELECTRICIAN LABORER II LABORER I LABORER (24,430) (27,833) 25,780 - 29,183 (30,072) (34,311) 31,422 - 35,661 (28,179) - (31,838) 29,529 - 33,188 (28,179) - (31,838) 29,529 - 33,188 (28,179) (31,838) 29,529 - 33,188 (28,179) (31,838) 29,529 - 33,188 (28,179) (31,838) 29,529 - 33,188 (28,179) (31,838) 29,529 - 33,188 (28,179) (31,838) 29,529 - 33,188 (24,430) (27,833) 25,780 - 29,183 (22,383) (25,432) 23,733 - 26,782 (24,947) (27,550) 26,297 - 28,900 50 -1230 STREETS & SNOW REMOVAL 5021 SUPERINTENDENT OF STREET SANITATION 5020 SUPERVISOR STREET SANITATION 1 6041 HEAVY EQUIPMENT OPERATOR 5320 DISPATCHER 6040 EQUIPMENT OPERATOR 6021 TRUCK DRIVER STREETS 962B LABORER 11 (DAILY) 9622 LABORER 11 TRAINING OFFICER 1 6 13 5 30 24 4 12 1 10 5010 1 6191 3 7059 2 6170 7 6150 1 962B 61 9622 1 1 1 3 6 1 1 2830 2811 SA95 2810 2850 9622 962B 50 -1235 STREETS LABOR POOL STREET WORKER 50 -1250 STREETS FLEET MAINTENANCE FLEET COORDINATOR WELDER MOTOR EQUIPMENT MECHANIC SUPERVISOR I MOTOR EQUIPMENT MECHANIC LABORER 11 (DAILY) LABORER II 52 -1303 VERMIN & ANIMAL CONTROL DIRECTOR ANIMAL CONTROL HEAD EXTERMINATOR ANIMAL SHELTER ATTENDANT EXTERMINATOR DOG CONTROL OFFICER LABORER II LABORER II (DAILY) 55 -1412 SENIOR SERVICES 1 2 (35,031) (40,823) 36,381 - 42,173 (30,072) _ (34,311) 31,422 - 35,661 (29,327) - (33,392) 30,677 - 34,742 (28,179) - (31,838) 29,529 - 33,188 (28,179) - (31,838) 29,529 - 33,188 (27,646) (30,793) 28,996 - 32,143 (25,596) (29,182) 26,946 - 30,532 (24,430) (27,833) 25,780 - 29,183 (30,806) (35,381) 32,156 - 36,731 (26,779) (30,373) 28,129 - 31,723 - - (40,401) - - 41,751 (27,639) - (31,170) 28,989 - 32,520 (30,806) - (35,381) 32,156 - 36,731 (28,999) - (32,661) 30,349 - 34,011 (25,596) - (29,182) 26,946 - 30,532 (24,430) - 27,833 25,780 - 29,183 (32,991) - (38,196) 34,341 - 39,546 (32,991) - (38,196) 34,341 - 39,546 (27,279) - (30,425) 28,629 - 31,775 (26,458) - (29,604) 27,808 - 30,954 (26,458) - (29,604) 28,989 - 32,520 (24,430) - (27,833) 25,780 -- 29,183 (25,596) - (29,182) 26,946 - 30,532 9621 (LABORER 1 (22,383) - (25,432) 23,733 - 26,782 6031 VAN DRIVER (22,301) - (25,306) 23,651 - 26,656 1 5240 1 5210 8 5230 1 4830 1 4780 4 4410 1 4821 5 4409 962W 37 -1361 WATER - REPAIR & INSTALL METER WATER METER MECHANIC SUPERVISOR I WATER METER TESTER WATER METER MECHANIC 37 -1362 WATER - ENGINEERING & INSPECTION WATER LINE INSPECTOR 37 -1370 WATER - FILTRATION PLANT FILTRATION PLANT MAINTENANCE SUPERVISOR I FILTRATION PLANT OPERATOR CHIEF WATER POLLUTION INSPECTOR ASSISTANT FILTRATION PLANT OPERATOR LABORER II 37 -1371 WATER - INTAKE 21962W 3 1 5 6 602W 6020 4710 532W 4700 1 2 1 1 2 8 2 6722 624W 655W 670W 692W 5021 5020 5320 6021 LABORER 11 37 -1372 WATER - DISTRIBUTION HEAVY EQUIPMENT OPERATOR (WATER) TRUCK DRIVER SENIOR WATER SERVICE WORKER DISPATCHER WATER SERVICE. WORKER EQUIPMENT OPERATOR 37 -1380 WATER - MECHANICAL SERVICES ELECTRICAL SUPERINTENDENT ENGINE MECHANIC STEAMFITTER ELECTRICIAN GENERAL MECHANIC STREETS ENTERPRISE 51 -1260 REFUSE & RECYCLING SUPERINTENDENT STREET SANITATION SUPERVISOR OF STREET SANITATION I DISPATCHER TRUCK DRIVER STREETS (32,320) - (37,516) (30,604) - (34,386) (29,038) - (33,350) (34,287) - (39,801) (32,320) Salary Ordinance Amendment (31,097) - 36,003 (32,320) (37,516) I lW A (33,350) (24,939) - (27,905) QOS -:. Job Title . 2007 - 2008 2007 2008 ENTERPRISE FUNDS 4 WATER 37 -1360 WATER - INSPECT & METER READING 1 4820 CHIEF WATER SERVICE INSPECTOR (32,320) (37,516) 33,670 38,866 5 4800 WATER SERVICE INSPECTOR (30,664) (35,448) 32,014 36,798 7 5300 METER READER (26,562) - (30,010) 27,912 T 31,360 1 5240 1 5210 8 5230 1 4830 1 4780 4 4410 1 4821 5 4409 962W 37 -1361 WATER - REPAIR & INSTALL METER WATER METER MECHANIC SUPERVISOR I WATER METER TESTER WATER METER MECHANIC 37 -1362 WATER - ENGINEERING & INSPECTION WATER LINE INSPECTOR 37 -1370 WATER - FILTRATION PLANT FILTRATION PLANT MAINTENANCE SUPERVISOR I FILTRATION PLANT OPERATOR CHIEF WATER POLLUTION INSPECTOR ASSISTANT FILTRATION PLANT OPERATOR LABORER II 37 -1371 WATER - INTAKE 21962W 3 1 5 6 602W 6020 4710 532W 4700 1 2 1 1 2 8 2 6722 624W 655W 670W 692W 5021 5020 5320 6021 LABORER 11 37 -1372 WATER - DISTRIBUTION HEAVY EQUIPMENT OPERATOR (WATER) TRUCK DRIVER SENIOR WATER SERVICE WORKER DISPATCHER WATER SERVICE. WORKER EQUIPMENT OPERATOR 37 -1380 WATER - MECHANICAL SERVICES ELECTRICAL SUPERINTENDENT ENGINE MECHANIC STEAMFITTER ELECTRICIAN GENERAL MECHANIC STREETS ENTERPRISE 51 -1260 REFUSE & RECYCLING SUPERINTENDENT STREET SANITATION SUPERVISOR OF STREET SANITATION I DISPATCHER TRUCK DRIVER STREETS (32,320) - (37,516) (30,604) - (34,386) (29,038) - (33,350) (34,287) - (39,801) (32,320) (37,516) (31,097) - 36,003 (32,320) (37,516) (29,038) - (33,350) (24,939) - (27,905) (24,939) - (27,905) (32,320) - (37,516) (26,458) - (29,604) (30,664) - (35,448) (29,038) (33,350) (29,038) (33,350) (33,021) - (38,480) (31,097) - (36,003) (31,097) - (36,003) (31,097) - (36,003) (31,097) - (36,003) (35,031) - (40,823) (30,072) - (34,311) (28,179) - (31,838) (27,646) - (30,793) 33,670 38,866 31,954 - 35,736 30,388 34,700 35,637 - 41,151 33,670 38,866 32,447 37,353 33,670 _ 38,866 30,388 34,700 26,289 - 29,255 26,289 29,255 33,670 27,808 32,014 30,388 30,388 38,866 30,954 36,798 34,700 34,700 34,371 - 32,447 - 32,447 - 32,447 - 32.447 - 36,381 - 31,422 29,529 28.996 39,830 37,353 37,353 37,353 37,353 42,173 35,661 33,188 32,143 Salary Ordinance Amendment f Local264 Budget 2008 fab Tine Zfl07 - 2008 2007 2008 200 701 50101 STREET WORKER 6 9622 LABORER II (26,779) (30,373) (24,430) _ (27,833) 28,129 - 31,723 25,780 - 29,183 51 -1280 BUILDING & FLEET MAINTENANCE 1 6170 MOTOR EQUIPMENT MEGHANIC SUPERVISOR 1 7 6150 MOTOR EQUIPMENT MECHANIC (30,806) (35,381) (28,999) - (32,661) 32,156 - 36,731 30,349 - 34,011 *161 ' P " P-q g W% H e City Clerk's Department BUFFALO November 26, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO FITWIT Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 63 PASSED November 25, 2008 Salary and Wage Schedule B. Gerald A Chwalinski City Clerk RA K' C BY: Ms. RUSSELL r SALARY AND WAGE SCHEDULE "B" ; t , July 1, 2007 -w- ;)rune 30, 2011 The Common Council of the City of Buffalo does ordain as follows: That part of Subdivision (A) of § 35 -9 of Chapter 35 of the Code of the City of Buffalo, relating to Salary and Wage Schedule "B" , I.,ocal 264, is hereby amended to read as follows: This ordinance shall take effect as per the respective date on the attached schedule. See attached Schedule "B" PE !1i'PROV AI AS TO FORM Corporation' sel 191t812008 Attachment SOA 9 We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. 1"V. 6 U, I,. x t It ANDREW A. COMPTROL 11/1912008 Salary and Wage Schedule "B" 200 -2008 �_ . GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 1 23,340 23,844 24,351 24,857 25,362 2 25,379 26,028 26,681 27,330 27,980 3 25,266 25,820 26,380 26,937 27,494 4 25,844 26,438 27,041 27,645 28,251 5 26,026 26,654 27,281 27,924 28,568 6 26,297 26,937 27,579 28,239 28,900 7 26,551 27,209 27,870 28,563 29,252 8 27,143 27,854 28,568 29,304 30,038 9 27,476 28,223 28,973 29,735 30,498 10 27,808 28,592 29,377 30,167 30,954 11 28,485 29,323 30,167 31,007 31,847 12 28,613 29,462 30,303 31,149 31,999 13 28,989 29,869 30,751 31,637 32,520 14 29,529 30,446 31,359 32,273 33,188 15 30,677 31,694 32,711 33,724 34,742 16 31,422 32,482 33,541 34,599 35,661 17 32,156 33,300 34,444 35,588 36,731 18 33,880 35,132 36,381 37,668 38,956 19 34,341 35,616 36,892 38,220 39,546 20 35,637 37,001 38,360 39,752 41,151 21 36,381 37,809 39,237 40,674 42,173 22 41,074 42,852 44,636 46,417 48,198 23 41,983 43,803 45,625 47,450 49,271 24 23,733 24,464 25,278 26,030 26,782 25 25,780 26,573 27,366 28,285 29,183 26 25,596 26,486 27,389 28,285 29,182 27 35,242 36,731 38,226 39,722 41,231 28 27,373 28,031 28,690 29,382 30,071 29 28,629 29,411 30,198 30,987 31,775 30 29,305 30,144 30,987 31,829 32,667 31 30,349 31,264 32,178 33,093 34,011 32 31,496 32,516 33,530 34,545 35,563 33 23,651 24,359 25,156 25,892 26,656 34 32,447 33,649 34,851 36,104 37,353 35 38,781 36 29,514 30,469 31,423 32,380 33,339 37 41,751 38 28,129 29,022 29,927 30,822 31,723 39 28,996 29,779 30,566 31,356 32,143 40 27,695 28,508 29,327 30,143 30,958 41 27,819 28,643 29,460 30,281 31,106 42 39,472 41,016 42,558 44,172 45,789 43 30,466 31,360 32,264 33,161 34,060 44 33,819 34,791 36,126 37,172 37,830 45 53,938 46 26,289 27,028 27,768 28,512 29,255 47 27,912 28,775 29,636 30,498 31,360 48 30,388 31,466 32,545 33,622 34,700 49 50 51 52 53 54 55 56 57 OCR Salary and Wage Schedule "B" 71,816 34,639 35,962 37,281 38,634 39,992 32,933 34,148 35,362 36,610 37,860 Effective July 9, 2007 ,f�.. 2007 -2008 32,014 33,192 34,371 35,583 36,798 32,447 33,649 34,851 36,103 37,353 33,670 34,954 36,235 37,547 38,866 34,371 35,716 37,062 38,417 39,830 29,766 30,726 31,683 32,639 33,600 31,954 32,871 34,131 35,116 35,736 25,104 25,724 26,347 27,001 27,650 71,816 34,639 35,962 37,281 38,634 39,992 32,933 34,148 35,362 36,610 37,860 Effective July 9, 2007 ,f�.. Salary and Wage Schedule "B" 2008.2009 GRACSTEP 1 STEP 2 STEP 3 STEP 4 STEP 5 1 25,463 25,983 26,506 27,028 27,548 2 27,566 28,235 28,908 29,577 30,247 3 27,450 28,021 28,598 29,172 29,746 4 28,045 28,658 29,279 29,902 30,527 5 28,233 28,881 29,527 30,190 30,854 6 28,512 29,172 29,834 30,514 31,196 7 28,774 29,452 30,134 30,848 31,559 8 29,385 30,117 30,854 31,612 32,369 9 29,728 30,498 31,271 32,057 32,844 10 30,070 30,878 31,687 32,502 33,314 11 30,768 31,632 32,502 33,368 34,234 12 30,900 31,775 32,643 33,514 34,390 13 31,288 32,195 33,104 34,017 34,928 14 31,845 32,789 33,731 34,673 35,616 15 33,028 34,077 35,125 36,169 37,219 16 33,797 34,889 35,981 37,072 38,166 17 34,553 35,732 36,912 38,091 39,270 18 36,331 37,621 38,909 40,235 41,564 19 36,805 38,120 39,436 40,805 42,172 20 38,142 39,548 40,949 42,384 43,826 21 38,909 40,381 41,853 43,335 44,880 22 43,747 45,580 47,420 49,256 51,092 23 44,684 46,561 48,439 50,321 52,198 24 25,869 26,623 27,462 28,237 29,012 25 27,979 28,797 29,615 30,562 31,488 26 27,789 28,707 29,638 30,561 31,487 27 37,734 39,270 40,811 42,353 43,909 28 29,622 30,300 30,979 31,692 32,403 29 30,917 31,723 32,534 33,347 34,160 30 31,613 32,479 33,347 34,216 35,079 31 32,690 33,633 34,575 35,519 36,465 32 33,873 34,924 35,970 37,016 38,065 33 25,784 26,514 27,336 28,095 28,883 34 34,853 36,092 37,332 38,623 39,911 35 41,383 36 31,829 32,814 33,797 34,783 35,773 37 44,445 38 30,401 31,322 32,255 33,177 34,106 39 31,295 32,102 32,913 33,728 34,539 40 29,953 30,792 31,636 32,478 33,318 41 30,081 30,931 31,773 32,620 33,470 42 42,095 43,688 45,277 46,941 48,608 43 32,811 33,732 34,665 35,589 36,516 44 36,267 37,270 38,646 39,724 40,402 45 57,010 46 28,504 29,266 30,029 30,796 31,561 47 30,177 31,067 31,955 32,843 33,732 48 32,730 33,842 34,954 36,064 37,176 i S 49 50 51 52 53 54 55 56 57 60 Salary and Wage Schedule "B" 2008.2009 34,406 35,621 36,837 38,086 39,339 34,853 36,092 37,331 38,622 39,911 36,113 37,438 38,758 40,111 41,471 36,837 38,223 39,611 41,008 42,465 32,088 33,079 34,065 35,051 36,042 34,345 35,290 36,589 37,605 38,244 27,283 27,922 28,564 29,238 29,907 75,442 37,113 38,477 39,837 41,231 42,631 35,354 36,607 37,858 39,145 40,434 Effective July 1, 2008 Salary and Wage Schedule "B" 2009 -2010 GRACSTEP 1 1 26,507 2 28,696 3 28,575 4 29,195 5 29,390 6 29,681 7 29,954 8 30,589 9 30,947 10 31,303 11 32,030 12 32,167 13 32,570 14 33,151 15 34,382 16 35,182 17 35,970 18 37,820 19 38,314 20 39,706 21 40,505 22 45,540 23 46,516 24 26,930 25 29,126 26 28,929 27 39,281 28 30,836 29 32,184 30 32,909 31 34,031 32 35,261 33 26,841 34 36,282 35 36 33,134 37 38 31,647 39 32,578 40 31,181 41 31,315 42 43,821 43 34,156 44 37,754 45 46 29,673 47 31,414 48 34,072 STEP 2 STEP 3 27,048 29,392 29,170 29,832 30,065 30,368 30,660 31,352 31,749 32,144 32,929 33,078 33,515 34,134 35,474 36,319 37,197 39,163 39,683 41,170 42,037 47,449 48,470 27,714 29,977 29,884 40,880 31.542 33,024 33,810 35,012 36,356 27,601 37,571 27,593 30,093 29,771 30,480 30,737 31,057 31,369 32,119 32,553 32,986 33,834 33,981 34,462 35,114 36,565 37,456 38,425 40,505 41,053 42,628 43,569 49,364 50,425 28,588 30,829 30,854 42,484 32,250 33,868 34,714 35,993 37,444 28,456 38,862 34,159 35,183 STEP 4 28,136 30,789 30,368 31,128 31,428 31,765 32,113 32,908 33,371 33,834 34,737 34,888 35,412 36,095 37,652 38,592 39,653 41,885 42,478 44,122 45,112 51,276 52,384 29,395 31,815 31,814 44,090 32,992 34, 714 35,619 36,975 38,533 29,247 40,206 36,209 32,606 33,578 34,538 33,418 34,263 35,111 32,055 32,933 33,809 32,199 33,076 33,957 45,479 47,134 48,866 35,115 36,086 37,048 38,798 40,231 41,353 30,466 31,260 32,059 32,341 33,265 34,190 35,229 36,387 37,543 STEP 5 28,677 31,487 30,966 31,778 32,119 32,475 32.853 33,696 34,190 34,679 35,638 35,800 36,360 37,077 38,745 39,731 40,880 43,268 43,901 45,623 46,720 53,187 54,338 30,202 32,779 32,778 45,709 33,732 35,561 36,518 37,960 39,626 30,067 41,548 43,080 37,239 46,268 35,505 35,955 34,684 34,842 50,601 38,013 42,059 59,347 32,855 35,115 38,700 49 50 51 52 53 54 55 56 57 60 Salary and Wage Schedule "B" 2009 -2010 35,817 37,082 38,347 39,647 40,952 36,282 37,572 38,862 40,206 41,547 37,594 38,973 40,347 41,756 43,171 38,347 39,790 41,235 42,690 44,206 33,404 34,435 35,462 36,488 37,519 35,753 36,737 38,089 39,146 39,812 28,401 29,066 29,735 30,436 31,133 78,536 38,634 40,054 41,470 42,922 44,379 36,803 38,107 39,410 40,750 42,091 Effective July 1, 2009 t�' Salary and Wage Schedule "B" 201 0 -2011 GRACSTEP 1 STEP 2 STEP 3 STEP 4 STEP 5 1 27,607 28,171 28,738 29,304 29,867 2 29,887 30,612 31,342 32,067 32,794 3 29,761 30,380 31,006 31,628 32,251 4 30,407 31,071 31,745 32,420 33,097 5 30,610 31,312 32,013 32,732 33,452 6 30,913 31,628 32,346 33,083 33,822 7 31,197 31,932 32,671 33,446 34,216 8 31,859 32,653 33,452 34,274 35,094 9 32,231 33,066 33,904 34,756 35,609 10 32,602 33,478 34,355 35,239 36,119 11 33,359 34,295 35,239 36,178 37,117 12 33,502 34,450 35,391 36,336 37,286 13 33,922 34,906 35,892 36,882 37,869 14 34,526 35,550 36,571 37,593 38,615 15 35,809 36,946 38,083 39,215 40,353 16 36,642 37,826 39,010 40,193 41,380 17 37,462 38,741 40,020 41,299 42,576 18 39,390 40,789 42,185 43,623 45,064 19 39,904 41,330 42,756 44,241 45,723 20 41,353 42,878 44,397 45,953 47,517 21 42,185 43,781 45,377 46,984 48,659 22 47,430 49,418 51,412 53,404 55,394 23 48,447 50,482 52,518 54,558 56,593 24 28,047 28,864 29,774 30,615 31,455 25 30,335 31,222 32,108 33,135 34,139 26 30,129 31,125 32,134 33,135 34,138 27 40,911 42,576 44,247 45,919 47,606 28 32,116 32,851 33,588 34,361 35,132 29 33,520 34,394 35,274 36,155 37,036 30 34,275 35,214 36,155 37,097 38,033 31 35,443 36,465 37,487 38,510 39,535 32 36,725 37,865 38,998 40,132 41,271 33 27,955 28,746 29,637 30,460 31,315 34 37,788 39,131 40,475 41,875 43,272 35 44,868 36 34,509 35,577 36,643 37,712 38,785 37 48,188 38 32,961 33,959 34,971 35,971 36,978 39 33,930 34,805 35,685 36,568 37,447 40 32,475 33,385 34,300 35,212 36,123 41 32,614 33,535 34,449 35,366 36,288 42 45,640 47,367 49,090 50,894 52,701 43 35,573 36,572 37,583 38,586 39,590 44 39,321 40,408 41,900 43,069 43,804 45 61,810 G 30,904 31,730 32,557 33,389 34,219 47 32,718 33,683 34,645 35,609 36,572 48 35,486 36,691 37,897 39,101 40,306 49 56 51 52 53 54 55 56 57 60 Salary and Wage Schedule "B" 2010 -2011 37,304 38,621 39,938 41,293 42,651 37,788 39,131 40,475 41,874 43,272 39,154 40,590 42,022 43,489 44,963 39,938 41,442 42,946 44,461 46,040 34,790 35,864 36,933 38,002 39,076 37,236 38,261 39,670 40,771 41,464 29,580 30,273 30,969 31,699 32,425 81,795 40,238 41,716 43,191 44,703 46,221 38,331 39,689 41,046 42,441 43,838 Effective July 1, 2010 i b r- ,�.,�� .. � .���, . � A _ �,�� V iwr VI ! �..t �� ' � � � � � 1���9! � � � � � �� � '� 6)'0 G 4 By. Messrs: Smith and Davis Resolution Opposition to Rate Increases'by Niagara Frontier Transit Authority Whereas: The Niagara Frontier Transit Authority. (NFTA) has proposed a 17% fare increase from $1.50 to $1.75 on January 1, 2009 followed by an additional 17% rate increase of another 17% rate increase from $1.75 to $2.00 in July; and Whereas: 78% of funding for the NFTA is subsidized from allocations from Federal, State and County funding sources. The NFTA receives over 20 million dollars from sales tax allocations and County funding and is expected to receive almost an increase of almost a half a million dollars in 2009 County Budget; and Whereas: The Proposed increase will cause an $2,100,000 cost in 09/10 budget to the largest client of the NFTA, the Buffalo School District, and cause a unexpected $600,000 gap in the current budget; and Whereas: Due to increased gas prices, the NFTA has and will continue to see an increase in users especially citizens who participate in the Park and Ride initiative. A 33% fare increase does not coincide with an estimated 20% rise in gas prices; and Whereas: The majority of users of the NFTA are low to moderate income. The current fiscal condition of our area continues to provide a burden on area citizens, a rate increase of 33% on citizens who can least afford it should not be considered at this time. Now Therefore Be It Resolved: That this Common Council of the City of Buffalo rejects and opposes the requested 33% fare increase proposed by the Niagara Frontier Transit Authority. And Be It Further Resolved That: City residents are encouraged to attend the public hearing j regarding rate increases on Wednesday, December 3, 2008, 7:00 — 9:00 p.m., Erie Community College City Campus, 121 Ellicott Street, Buffalo —NY 14203 e Smith Brian Davis U "o'c q5 Be It Finally Resolved: Certified Copies be sent to the NFTA Board of Commissioners, Governor's Office, NYS Delegation, WNY Delegation, Erie County Legislators, Board of Education. () 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 ADAMCHICK, MARK J. ADAMS, CHRISTIAN J. AHMED, RITA ALABISI, KRISTIN L. ALAGNA, PAUL ANDERSEN, LINDA L. ARMBRUSTER, LAVERNA S. BAGAROZZO, DEBRA A. BAGDASARIAN, ARMEN BAINES, ANGEL BAJ, ANIELA BALDUCCI, JASON A. BALLARD, MATTHEW J. BANKS, JUDY S BARKER, OTIS L. SR. BARTLETT, JUDITH A. BATTEL, SANDRA S. BAUDO, MATTHEW S. BELLFIELD, MARITE BEVILACQUA, M. ALICIA BEYER, VIRGINIA A. BLACHOWSKI, JACQUELINE A. BOHEN, COLLEEN BOLES, FRANCES V. BOLLMAN, BRYAN J. BOLOGNA, ROSE BONADUCCI, SHIRLEY BREM, JAMES BREMER, CANDICE L. BRILL, ROBERT BROWN, ALAN D. BROWNE, M. CAITLIN BURKE, KEVIN CAMPBELL, CHERYL CARABALLO, LYDIA CARY, EILEEN M. l Vii' " . 1� CASTRO, MILDRED CHAPMAN, APRIL D. CHWALINSKI, GERALD CHWALINSKI, LINDA M. COCHRANE, JANET T. COLLINS, MELINDA COLLINS, SUSAN D. COLPOYS, PATRICE CONROY, LORI -ANNE M. CORCORAN, LORRAINE CORP, ROBERT R. COSTANTINO, JACQUELINE K. CRANGLE, JOHN J. JR CRISPELL, WHITNEY A. CURRY, MICHAEL DANOWSKI, ANN M. DAVIS, BRIAN C. DAVIDSON, JOHN E. DEMPSEY, MARIA L. DIAZ, ROBERTO DIBELLA, LORETTA DRAKE, LINDA L. EHRMANN, ROBERTA M. EVANS, GARY L. FAUCETT, NANCY M. FELL, ROBERT FELTON, FREDERICK FLANAGAN, DEBRA R. FLYNN, MARK FOLAN, JAMES R. FONTANA, RICHARD A. FOWLER, WILLMER JR. FRACOS, SHANNON FRANCZYK, DAVID A_ FRANCZYK, MICHELLE FRITSCH, KAREN L. FROST, LISA M. GARMON, LARRY T. GEER, RICHARD GERMAN, KIMBERLY R_ GIGLIO, MARK A_ GIUMENTO, FRANCINE GOLDBERG, AIMEE F_ GOLOMBEK, JOSEPH JR. GONZALEZ, LIZBETH GRANT, BELINDA L. t- ` GULAS- KARASZEWSKI, HEATHER L. GUNSAULEY, JAMES HADLEY, DIANE B. HALADY, WALTER J. HALL, LORNE E. HAMM, BRADLEY K. HARIG, NATALIE M. HARRINGTON KATHLEEN M. HAWES, ANN MARIE S. HAYDEN,SANDRA HIBBARD, SARA J. HLUCHYJ, THERESA HODGE, ASHLEY HOFFMAN, REBECCA HOGAN, DEBRA L_ HOUSTON, CHANTEL HUNTER, DOROTHY M. IRVIN, ANGELA JANKOWSKI, JOANNE M. JASKULA, MARK J_ JENKINS, LISA JOHNSTONE, DIANA KALLAY, CHRISTINA M. KALOSZA, DEBORAH A. KELLY- MORAN, ANNE M. KENNEDY, ROSETTA J. KEARNS, MICHAEL P. KERN, MARILYN KOCH, ROBERT KOPIASZ, LINDA M. KOSTEK, NANCY B. KOTLER, ADRIENNE KRANTZ, SALLY J. KRANTZ, SUSAN D. KRAWCZYK, JOYCE KRUG, KELLY M. KULIK, LYNDA A_ KULP, LISA A. KU RZAWA, PAULA M_ KURDZIEL, THOMAS J. LAFORCE, KATHRYN LAUBACKER, SUSAN L. LAUBENSTEIN, KIRK LEE, RAMONA LEHNER, CHRISTINE A. LEWIS, TERRANCE 0 LICATA, WILLIAM B. LINDNER, KEVIN M. LITTLE, JENNIFER LOCKWOOD, CYNTHIA LOCKWOOD, MEGAN D. LOCURTO, MICHAEL J. LONG, LAURIE LORENZO, IRMA MAHIQUES, CAROL A. MANZUK, THERESA M_ MARCHESE,ANN MARINO, ALFRED MARINO, BEVERLY A. MARTIN, KATRINA A. MASECCHIA, DANIELLE MASSEY, CRAIG E. MATOS, ZORAIDA MATTER, CHERYL MAZUR, WILLIAM J. MAZGAJEWSKI, MICHAEL P. MCALISTER, BARBARA A. MCBRIDE, BRIAN MCCULLEN, REGINA R. MCELROY, BRIAN M. MCGEE, F. MICHAEL MCKEAGUE, KAREN M MEDRO, NOEMI MERCER, DOUGLAS W. MESI, KIMBERLY M. MESSINA, JAMES J. MILEWSKI, JOSEPH I. MILKS, NEIL MISZEWSKI, DELPHINE R. MOLENDA, DONALD MOLNAR, TIMOTHY MORIARTY, SEAN A. MUNSON,SANDRA MURPHY MARTHA -ANN NOBLE, WENDY NORTON, DEBRA B. NOWAKOWSKI, MICHAEL J. NOWICKI, TRACEY L. OLIVENCIA, WILMER A. OLIVENCIA, WILMER JR O'NEIL, SYLVIA M. ORTIZ, KAREN M_ E, OTT, SUSAN M. PALERMO, FRANK PALMA, JANET PALMARA, JOHN PARSONS, TAMMY PAUL, JULIA A. PAWLOWSKI, KORIE M. PAYNE, RUSSELL C. PEPE, CAROL, A. PERRIN-- JOHNSON TANYA PIERCE, LENAY S. PINSKI, ELAINE F. PORTER, BETI PORTO, LACEY L. POTWORA, LEONARD M. PRATHER, MARLENE A_ PRIM, DAYEENAH M_ PRIVATEER, KAREN D. QUINN, JAMES E. RENTZ, ROBERT E. REYES, LUIS A. RICO, DIANA RIVERA, MARITZA RODRIGUEZ, CRYSTAL RODRIGUEZ, ERIKA M. RODRIGUEZ, JOHN ROGOWSKI, TARA A. ROSEN- BRAND, DAVID ROYSTER, ANGELA D. RUCINSKI, LAURA RUDD, DAVID C. RUSHTON, JACQUELINE E. RUSSELL, BONNIE RYAN, LYNETTE L. SALEH, ALI SANDERS, JOSHUA SANTOS, ROBERT SHAW, CHERYL SHAW, ROOSEVELT JR. SIMONICK, GEORGE SLOMBA, BRIAN SLOMA, BARBARA A. SLOMCZEWSKI, MARIA V. SMALLS, MARK A. SMITH, DEMONE STRAUSS, LOUIS C. f STRICKLAND, DEBORAH L. SZAREK, CARL E. SZCZESNY, GARY J_ SZEMATOWICZ, ELAINE M. TARAVELLA, JACQUELINE M. TAYLOR, ELAINE TERESI, ANDREA THOMAS, PATRICIA S. TILLET, AMINA J. TOBER, ALAN P. TOJEK, SHARON L. TURANO, KATHLEEN K. VERTINO, JOHN VINOVRSKI, RONALD VON DER EMPTON, TOMOTHY J. WAGSTAFF, WILFRED WALKER III, LUTHER WEAVER, RUSSELL C. WILLIAMS, DARRYL L. WILSON, ROBERT J. WOLF, JOSEPH B. WOLF, MARY A. YONKOSKY, KIM M_ YOUNG, LATONYA C. YOX, DAVID ZIGROSSI, DIANE M. TOTAL 4 f 7 i I • S 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 M. ANTECKI, GEORGETTE BAKER, G. THOMAS BANKS, ALEXIS C. BENZ, CAROL A. BRADY, MELISSA J. BRUCATO, LISA BUDZYNSKI, KIMBERLY S. CAREY, GINGER Y. CONRAD, MARY JO CRUMP, CAROL A. CZAMARA, CASIMIER T. D'ANGELO, JENNIE DE GEORGE, ANNE DICARLO, PHILIP L. DONOGHUE, CYNTHIA DREWERY, KRISTINA EUGENE, GRZECHOWIAK FELLOWS, ROBERT O. FLEMING, CAROLYN FLEMING, RONALD H. GIST, DOLORES GIST, LAURA GLEED, THOMAS E. GRABIEC, KATHLEEN A. HAMMOND, JOHN HOWARD, SALVATORE HUNTER, JAMES E. JACKSON, JAMES L. KIEDROWSKI, JEANETTE E. KOPACK, JOSEPH A. KOPTI, CANDICE LEWIS, MAUREEN A. MAHONEY, KELLY MALDONADO, MAGAU MARION, KATHLEEN F_ MARKS SR, FRANK L. MARLETTE, GUY MILLER, DIANE PARKER, LINDA L. PERLMUTER, SANFORD R_ PERSITYN, DIANNE M_ PEZZIRO, TONY PYRAK, MARY ANN PETRAS, MARIA H. REID, YVONNE RICHARDSON, AFRIKA RYKOVICH, LORI A. SARDO,THERESE SCOTT, PRISCILLA G. SUNDAY, LINDA SZCZESNY, PATRICIA S. VACANTI, LOUIS VACCARO, DONNA WILLARD, CHARLENE M. Total. f ADOPTED i'0, ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13` floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Tuesday, December 2, 2008 at 9:45 o'clock A.M. Tuesday, December 2, 2008 at 10:00 o'clock A.M. Tuesday, December 2, 2008 at 1:00 o'clock P.M. Tuesday, December 2, 2008 at 2:00 o'clock P.M. Special Committees Committee on Police Oversight Wednesday, December 3, 2008 at 11:00 o'clock AM It Public Disclaimer): All meetings are subiect to change and cancellation b the res ective Chairmen of Council Committees. In the event that there is sufficient time given for notification it wall 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 from the res ective Chairmen we can only make notification of what we are made aware. Im i Adjournment 0 A ftl >? On a motion by Mr. Fontana, Seconded by Mr.-I4e�s, the Council adjourned at 2 GERALD CHWALINSKI CITY CLERK l pp { if f ,, P " Nov 25, 2008