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08-1028-1016pp
CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, October 28, 2008 AT 2:00 P.M. Present -- David A. Franezyk, President of the Council, and Cauncilmembers: Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell & Smith - 9 Absent -None On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on October 14, 2008 were approved. DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [-------- - - - - -] [MAJ- S] [ 213 - 61 [314- 7] *AY * * * r NO * * * * * * * * * * * * 9 * 0 Oct 28, 2008 FROM THE MAYOR - EXECUTIVE DEPARTMENT Oct 28, 2008 FROM THE OFFICE OF STRATEGIC PLANNING # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT DIVISION DATE: October 20, 2008 Strategic Planning Real Estate SUBJECT: Abandonment and Sale of 115 Woltz Former Ulinski Community Center Lot Size: 59 x 108 Assessed Value: Land: $3,200 Total: $60,600 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxx/xx) TEXT: (TYPE SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 115 Woltz (former Ulinski Community Center) from Mohammad Rahhan representing Crescent Village Community Development Center, Inc. The Crescent Village Community Development Center, Inc. intends to acquire the former community center for cultural, social, religious, adult and child educational programs. They have submitted cost estimates to rehabilitate the property in the amount of $6,800.00 and proof of financing in the amount of $65,800.00 to cover the cost of purchase and rehabilitation. The Ulinski Center consists of a 3,030 sq. ft., one story masonry building, situated on a lot 59'x 108'. The building is in fair condition. The Ulinski Center was closed in May of 2006. Should Your Honorable Body approve their request, the Division of Real Estate will conduct the sale of the property in accordance with Article 27 -5 of the City Charter — Sale by Appraisal. The results of our negotiations will be filed with the Common Council for final approval. I am recommending that Your Honorable Body authorize the Office of Strategic Planning, Division of Real Estate to negotiate the sale of 115 Woltz to Crescent Village Community Development Center, Inc. in accordance with Article 27 -5 of the City Charter - Sale by Appraisal and file the results of negotiations with the Common Council for final approval. TYPE DEPARTMENT HEAD NAME: CARLA A. KOSMERL TYPE TITLE: DIRECTOR OF ADMINIS OFFICE OF STRATEGIC SIGNATURE OF DEPARTMENT HEAD: TIO N & F NAN �Nf N CAK :JPH :pIg C /capass /cabando n s afe 115wo[tz Mr. Fontana moved: That the above communication from the Department of Strategic Planning elated October 20, 2008, be received and filed; and That the City of Buffalo sloes hereby abandon 115 Woltz and authorizes the City to sell such property pursuant to Article 27, Section 27 -5 of the Charter of the City of Buffalo; and That the Director of Real Estate negotiate with Mohammad Rahhan, on behalf of Crescent Village Community Development Center, Inc,, for the purchase of 115 Woltz; and That the Director of Real Estate report back to the Common Council with the results of negotiations for final approval. Passed. '1'AB :rmv t:hv601mswordlrmvl t c t Q -28a. doc 1 � ��� ��� �i������ E . _ � �, �. �. � .� ®- , �'��' �i4F�a� : ; Q� � � �1�I�r ���� e � . 11'f 1D !► . n � tl � � E � - L � �. �� '-; ' V V i # 2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 15, 2008 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Permission to Designate Redeveloper Muhammad Mosque #23 1086 Broadway (Former Fronczak Library) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) The Office of Strategic Planning, Division of Real Estate has received a second request to acquire 1086 Broadway, former Fronczak Library. The first request filed with the Common Council (Tabled Item No. 10 — CD) has been withdrawn by Southwest Key. This request is from Muhammad Mosque #23 which is a not -for- profit religious organization that provides relief to the needy and distressed residents of the City of Buffalo for the well being and betterment of the community through comprehensive community action programs. The primary purpose and use of the facility by the mosque is to provide a place of worship for the organization. Approximately 2500 sq.ft. of the facility will be used to conduct religious services, approximately 950 sq.ft. will be utilized as a computer workshop, approximately 800 sq.ft. will be used as a food bank that will provide food to the needy in the community, and approximately 1500 sq.ft. will be used for Sunday and Summer School for its members and neighboring community members. Total project costs are estimated at $198,000.00. I therefore respectfully request that Your Honorable Body designate Muhammad Mosque #23 and or corporation, partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of six months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan for approval by the City of Buffalo Planning Board and construction plans, including landscaping, for approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of LDA. c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. d. Payment of a designation fee of One Thousand Dollars ($1,000.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price_ In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. FORM #4"— Page #2 TEXT CONTINUATION RE: Redeveloper Designation 1086 Broadway October 15, 2008 e. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. f. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from the date the Common Council approves the designation. g. Upon signing of LDA, payment by the Redeveloper to the City of a non- refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. h. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and/or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City will first allow the Redeveloper two (2) weeks to cure by written notice. This designation will expire six (6) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of Muhammad Mosque #28 as the Redeveloper of 1086 Broadway upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 1086 Broadway, and forward to the Common Council for final approval of the land disposition for the transfer of title. DEPARTMENT HEAD NAME: CARLA A. KOSMERL TITLE: DIRECTOR OF ADMINISTRATION AND FINANCE - ..OFFICE -OF STRATEGIC PLANNIN SIGNATURE OF DEPARTMENT HEAD CAK/ms r� Mt. Fontana moved: That the above communication from the Department of Strategic Planning dated October 15, 2008, be received and filed; and That the Common Council does hereby designate Muhammad. Mosque #23 and /or corporation, partnership, or other legal entity to be formed as the qualified and eligible Redeveloper of 1086 Broadway for a period of six (6) months subject to the terms and conditions as listed in the above communication. That the Executive Director of the Office of Strategic Planning be authorized to prepare the necessary agreements for the redevelopment of 1086 Broadway, and forward to the Common Council for final approval of the land disposition for the transfer of title. Passed PA TAR:ifnv 1 ANvp601inswurdlrmvVc 10 28a.doc a� I aa' �1�' � �� �i�►4� � . �l,��a� � . ���t� # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 15, 2008 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Redeveloper Designation — 1086 Broadway Southwest Key PRIOR COUNCIL REFERENCE: (Tabled Item No. 10 From Community Development Committee) Ex. (Item No. xxx, C.C.P. xx/xx/xx) The Office of Strategic Planning has been informed that Southwest Key has withdrawn their request to be designated as the developer of 1086 Broadway. I am therefore requesting that your Honorable Body receive and file the above referenced item. DEPARTMENT HEAD NAME: CARLA A. KOSMERL TITLE: DIRECTOR. OF. AQM.INISTRATION AND FINAN �— OFFICE & STRATEGIC PL NI SIGNATURE OF DEPARTMENT HEAD: -_ CAK/ms �7 FROM THE COMPTROLLER Oct 28, 2008 #r�; -1 OI T A C 7 -.� a A e<. t 1 1� Certificate of Necessity Transfer of Funds Capital Projects We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that the sum of $156,977.50 be transferred and reappropriated in Capital Improvements. The details of the requirements are set forth below: From: 30058606 - 445100 CONS EIS TFR STN 30000106 - 445100 Planning Capital Projects 30000106 - 445100 Planning Capital Projects 31310406 -- 445100 CIW Infrastructure RPR &RPL Dated: Buffalo, NY, October 21, 2008 RECF- AND FIL $ 156,977.50 Hol $ 156,977-60 From: $ 156,977.50 To: $ 156,977.50 Comptroller : i Estrich,Dcfi'ina i . . From: Forti- Sciarrino,Anne Sent: Friday, October 17, 2008 10:10 AM To: Estrich,Donna Cc: Merlo, Peter; Heinold,Bill; Whitcomb, Richard Subject: FW: Transfer of money Donna, See attached request to transfer capital projects funds. The original funds deposited 30058606 for the East Side Transfer station came from General Fund Capital Outlay, The project is now complete and we want to close the account. Since the funding source was not bonds the balance does not have to be used for debt service. Public Works would like to use them for other work. I think we should close back to the planning account and then do a transfer with Common Council from Planning to the accounts requested by Public Works or do you want to do the transfer directly from the East Side Transfer account? Let me know what you think? Anne - - - -- Original Message---- - From: Merlo, Peter Sent: Friday, October 17, 2008 9:33 AM To: Heinold,Bill; Forti- Sciarrino,Anne Subject: RE: Transfer of money Hello Anne, I may need to split between two accounts. I will let you know the other account number (either way) ASAP. I appreciate your help. Thank you, Peter From: Heinold,Bili Sent: Friday, October 17, 2008 9:24 AM To: Forti- Sciarrino,Anne Cc: Merlo, Peter Subject: Transfer of money Hi Anne, We would like to have you transfer the $156,977.50 in account #30058606 4451 ©0 into account 31310406 445100, This is needed for Street Cut Repairs. Thank You. Bill H. i' FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION Oct 28, 2008 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL � �fl TO: THE COMMON COUNCIL: DATE: October 20, 2008 FROM: DEPARTMENT: Assessment & Taxation i , SUBJECT: [: Dissolution of Bailey [: Amherst District [: Management Association PRIOR. COUNCIL REFERENCE: (IF ANY) [: Item # 69, G.C.P. 10114/08 Ex. {Item N ®. xxx C.C. P, xxfxx /xx} TEXT: (TYPE SINGLE SPACE BELOW) The above adopted resolution was referred to the Department of Assessment and Taxation directing this office to prepare a report of the funds currently collected by the City on behalf of the Bailey Amherst District Management Association (BADMA). Please be advised that no charges were levied against any property in the Bailey Amherst District Management Association (BADMA) for the 2008 -2009 fiscal year since no agreement existed between the City and the District and no budget was submitted by the Association for approval of the Common Counsel. Regarding funds already collected in the City's possession and any outstanding invoices, all of that information is maintained through the Comptroller's Office. This office merely served as the source for identifying the parcels within the District and their respective assessed values for computation of the individual annual charges. In order to comply with the directive of the Common Council this office requested this data from Accounting and we have been advised that the figures are being prepared by Audit and Control for submission to the Common Council. REFERRED TO THE COMMITTEE ON LE GISLA T I O N. TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Martin F. Kennedy Commissioner, Assessment & Taxation 1 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS Oct 28, 2008 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: October 21, 2008 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Parks SUBJECT: Buffalo Zoological Society of Buffalo, Inc. (the "'Zoological Society ") seeks City of Buffalo's sign -off and certain agreements with regard to a $400,000 Grant to the Zoological Society from New York State Offices of Parks, Recreation and Historic Preservation (Environmental Protection Fund) for a Zoo Improvements Project PRIOR COUNCIL REERENCE: CCP item 106, May 15, 2007 (Resolution in support of Zoological Society's initial grant application) The Zoological Society is planning to build /create and/or rebuild a historic farm from the mid 1800's as part of an overall plan of Children's Zoo Improvements. The New York State Offices of Parks, Recreation and Historic Preservation (Environmental Protection Fund) has approved $400,000 in grant funding to be utilized for the improvements. Because the Zoo is located on City -owned property, one of the conditions to the grant funding is a City of Buffalo Agreement under which the City of Buffalo agrees that the Zoo property improved with the grant funding will not, without prior consent of the State, be sold, leased or otherwise conveyed by the City for use for other than park purposes. City is not required to "up- front" or provide any funding in connection with this grant. For your reference and further background information about the $400,000 grant funding and related Goo improvements project, I have attached the relevant grant application documents as well as the Agreement which the City of Buffalo is being requested to sign -off on. I am requesting that your Honorable Body authorize the Mayor to execute the attached Agreement and further that your Honorable Body authorize the Mayor and/or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the $400,000 State grant funding for the subject Loo improvements project. Department Head Name: Steven J. Stepmak Title: Commissioner of Pub] SIGNATURE OF DEPARTMENT" HEAD: is Works, Parks cc Application # t.. assign if postmarked by 6129107 (AGENCY USE ONLY) Check any Category that applies: PARKS APPLICATION 2007 EPF12008 L WCF X Environmental Protection Act of 1993 Land and Water Conservation Fund APPLICANT Name: Mailing Address State: Zoological Society of Buffalo, Inc. / a.k,a. Bu ffalo Zoo 300 Parkside Avenue, Buffalo New York Zip Code: 14214 Federal ID # I6- 0911204 Check Project type: X Development Development with Acquisition Description: Construction of Heritage -Farm Children's area Location: Buffalo Zo Gardens in Delaware Park Local Historic Designation Site Address: State: Minor Civil Division: County: Charities Registration # 04 -72 -98 PROJECT Olmsted Parks Local/National Register 300 Parkside Avenue, Buffalo New York Zip Code: I 4214 B E rie Legislative Districts: Assembly 144 Senate 60 Congressional 28 Ownership Information: Liber/Reel 294 Page 180 -204 Owners City of Buffalo Electronic Filing Number Applicant's interest in property, if not fee - simple ownership (e.g.: lease, easement) lease /management contract Termination Date: renewed every 10 years A -1 AUTHORIZED OFFICIAL Name: Donna Fernandes, PhD Title: Business Address: Buffalo zoo, 300 Parkside Avenue Buffalo State: New York Zip Code: 142]A Telephone #: 716 - 995 -6144 FAX #: 716 -837 -073$ E -Mail Address: dinfemand@aol.com Name: Title: Firm: Business Address: State: Telephone #: FAX #: E -Mail Address: CONTACT Donna Fernandes, PhD President/CEO Buffalo Zoo 300 Parkside Avenu Buffalo New York Zip Code: 14214 716 - 995 -6144 716 - 837- 0738 dmfemand @aol.com BUDGET SUMMARY; (from Project Schedule page A -7) Pre - Development Costs: Construction Costs: Acquisition Costs: Administration: PROJECT TOTAL: GRANT REQUEST: APPLICANT SHARE: $ 1 14,500 $ 1,482,300 $ 0 $ 3,200 $ 1,600,000 $ 500,000 $ 1,100,000 A -2 PROJECT NARRATIVE „s o a three sentence summary of the project (who you are, what work you're doing and why it's important): The Buffalo Zoo, located within the Western Erie Canal Heritage Corridor, is seeking $500,000 in matching funds for a new Heritage Farm Children's Area. The family- friendly exhibit . will recreate a historic farm from the mid 1800's with heritage breeds of domestic animals and include an adjacent wetlands/bog and a historic replica of an Erie Canal lock. It will help patrons understand the importance of water to wildlife and domestic farm animals living within watersheds traversed by the Erie Canal as well as the historic importance of water and the Erie Canal to people as a means of transportation for crops and other goods. o local planning efforts specific to this project (i.e.; how public and community support for the project was accomplished whether through public hearings, petitions, public surveys). In addition to this narrative, to receive points under focal Assessment, if this project is included in a local plan or in your organization's strategic plan, highlighted copies of the relevant pages of the plan, clearly identified as to source, along with a copy of the resolution adopting or reaffirming the local plan within the last five years must be included. If the project is not specifically identified in a formally adopted plan, an approval /endorsement of the governing body of the applicant, which affirms public and community support for the project, must be included: (B, C, 1) In 2001, the Zoological Society of Buffalo hired renowned Zoo architect Patrick Janikowski to develop a master plan for the Buffalo Zoo. Prior to engaging Mr. Janikowski, Zoo staff held a series of Community Meetings in 1999 at 14 sites throughout Erie County to give members of the public an opportunity to voice their aspirations for a newly renovated Buffalo Zoo. In addition, public surveys of Zoo visitors were conducted onsite in the fall of 2000. The results of these community hearings and visitor surveys were shared with the Zoo designers at the start of the master planning process. Two community meetings held in May and July 2001 also gave the public an opportunity to interact with the design team and participate in the formulation of the Zoo's new master plan, Two of the improvements most requested by participants in the community meetings were a better Children's Zoo facility and a more interactive Children's Zoo experience. We have attached highlighted pages of the 15-year site improvement plan (master plan) developed in 2001 and revised in 2004. Erie County identified the Site improvement Plan as "a Type 1 action for the purpose of SEQR and acted as lead agency in the review process. The SEQR was completed in July 2006. Because the Zoo master plan was formally adopted by the Board in 2001, the plan was reaffirmed at the Zoo's most recent board meeting on June 26, 2007. The plan calls for the Zoo's major exhibit areas to be organized around bodies of WATER, due to the historic importance of water to the development of Western New York. A Sea Lion/River Otter complex will illustrate the difference between saltwater and freshwater ecosystems. An African savanna will feature a large .watering hole bordered by hoof stock and their predators. A slow- moving river will snake through exhibits devoted to elephants, rhinos and other Asian wildlife, while an indoor South American rainforest exhibit will include a two -story waterfall. An arctic complex housing polar bears, snowy owls, and reindeer will focus on frozen water. The Wonders of Water Children's Area will recreate a historic farm from the 1850's with heritage breeds of domestic animals, an adjacent wetlands/bog area and a historic replica of an Erie Canal lock to illustrate how farmers used water to transport their goods to City dwellers. o the previous, current and proposed uses of the property, site or facility, including how the project will be operated and maintained. Identify and describe any restricted maintenance funds that exist for this project: (A, C, F, G) The Buffalo Zoo was founded in 1875 and is the third oldest zoo in the country. The site proposed for the Heritage Farm Children's Area has been used as an animal exhibit for the last 132 years. The most recent renovation to the site was in the late 1930s as part of a Works Progress Administration reconstruction of the Zoo. The site has been used to exhibit hoof stock primarily and currently houses guanacos (close relatives of llamas). The operation and maintenance of the new Heritage Farm Children's Area will be covered by the Buffalo Zoo's annual operating budget of $5.8 million. The Zoo's current Children's Zoo will be demolished when the new Heritage Farm Area is constructed so there should be no net increase in operating expenses. The Buffalo Zoo has a restricted endowment of $2.8 million for operations, maintenance and capital improvements. The endowment yields approximately $140,000 annually to the Zoo, o the overall existing condition of the project, sites or facilities. Describe to what extent, if any, impact to historic and/or archeological resources will be involved in the proposed project. Submit photos and a schematic development site plan that show the facilities /areas of impact. Describe the relevant sections of any studies that have been conducted or proposals that have been prepared for this project/property. (A, B, C, D, E, G, H) A -3 The Heritage Farm Children's Area will replace an existing Zoo exhibit that currently houses guanacos. The total footprint of the existing exhibit is approximately 0.55 acres (141' x 170'), including a small 600 square foot holding building. The original exhibit was built during the late 1930's and the holding building is beginning to show signs of physical deterioration and decay. There is no heat or water service to this building, compromising staff's ability to properly care for the animals housed therein. The project will not impact any archeological resources since considerable excavation of the site was done in the 1930's (without a significant finding) to construct an 8' high x 6' wide x 225' long moat that separates the animals from the public area. Very little new excavation will be involved in construction of the proposed Heritage Farm Area. A site plan and photographs of the existing conditions of the property are attached, The project is part of the 15 -year Site Improvement Plan for the Buffalo Zoo developed in 2001, revised in 2004 and reviewed by NYSOPRHP in 2006 as part of the SEQR process. That plan calls for the Wonders of Water Children `s Area that includes an 1850's style barn housing heritage breeds of domestic animals and recreation of a historic lock system along the Erie Canal. o the number of current recreation areas available in the municipal project area (size, accessibility, amenities, condition, current and anticipated level of use, maintenance and operation): (B, C,1) The Buffalo Zoo is uniquely situated as the only zoological park within a 60 mile radius of Buffalo. The Zoo is located within the confines of Delaware Park, a park that is the centerpiece of the Olmsted Parks system in the City of Buffalo and maintained by the Olmsted Parks Conservancy. It is a 350 -acre park with a playground, rose garden, golf course, basketball and tennis courts, baseball diamond, lake and small concession area. Within the local community of North Buffalo, there is only one other park that can be considered a major recreational area, o the type of project and work proposed (acquisition, development, rehabilitation, improvement); (C, G) The proposed project is a redevelopment and improvement of our current Children's Zoo that is slated for demolition according to the Zoo's Master Plan. The Heritage Farm Children's Area will replace an existing Zoo exhibit that currently houses guanacos on a site that is approximately 141 ft. X 170 ft. The space will be redesigned and an environmental interpretive plan will be developed to focus on the historic and present importance of water to wildlife and domestic farm plants/animals living within watersheds traversed by the Erie Canal as well as the historic importance of water and the Erie Canal to people as a means of providing transportation for crops and other goods. Through fun, hands -on interaction with live animals, activities /games, demonstrations, and guided investigations, urban and suburban children of all ages will understand the importance of a strong balance between undisturbed wild spaces such as wetlands for wildlife and modified spaces such as farms and canals for human existence. No other recreation site within our municipal area highlights these environmental and historic components together. Visitors will enter the area by traversing a small bridge that crosses over a mid- 1800's historic replica of a lock and canalway. They will then follow a tow path to the left that passes by a heritage barn and farm yard containing rare breeds of domestic animals that were once commonly used in local farming practices in the 1800's. Visitors will be able to enter the barn and farm yard to come in contact with several of the species and view demonstrations involving other species. Following the tow path to the right of the bridge allows visitors further access to the farm yard and a garden that will feature heritage crops. They will also come across a wild bog area where they can view native wildlife naturally found in wetlands and conduct investigations of water quality and animal habitats. o the role and experience of municipal agencies, private organizations, consultants, volunteers, and others involved in the project: (B, F) Over the last five years, the Zoological Society of Buffalo has worked very closely with the City of Buffalo Department of Public Works and Erie County Department of Environment and Planning on the formulation and implementation of the Zoo's 15 -year site improvement (master) plan. Erie County served as lead agency for the master plan SEQR process, which was completed in 2006. In addition, Erie County has pledged $600,000 for construction of the Heritage Farm Children's Area in their 2008 Capital Budget. A team of outside consultants was used in the development of the master plan, including Patrick .lanikowski Architects (Exhibit Design and Landscaping), Main Street Design (Exhibit Programming) and Foit -Albert Associates (Engineering and Site Work), Foit -Albert Associates is currently working with Zoo staff on the Schematic Design Phase of the proposed new Children's Area. They have extensive experience in both historic renovation and new construction and have completed several other capital projects at the Buffalo Zoo. o how the proposed project relates to statewide policies and program initiatives such as public access to the Erie Canalway National Heritage Corridor and/or the proposed Erie Canal Greenway; is a priority project within, or contributes to, the NYS A -4 Open Space Conservation flan or Local Waterfront Revitalization Program (LWRP); is consistent with a Heritage Area Systems (HAS) Management Plan; whether the project is Iocated within a Certified Local Government (CLG) and how the project contributes to the CLG; as well as any other Federal or plans that apply. Cite the specific pages of the documents where the proposed project is referenced: (B, C, E, G) The Heritage Farm Children's Area is consistent with the Erie Canalway National Heritage Corridor plan. The plan emphasizes the need for conservation of natural resources, including water, native plants and animals, and habitats along the canalway (pgs. 12 -13). It also emphasizes the importance of interpretation partly through curriculum materials and interpretive signs (pgs. 16 -17). This project will interpret the conservation of the aforementioned natural resources and the historical relevance of the Erie Canal in an effort to convey the importance of a strong balance between local community needs and the needs of wildlife from a historical and current perspective. This project is also consistent with the Open Space Conservation Plan whose goal is to provide places for education and research on ecological, environmental and appropriate cultural resources to provide a better understanding of the systems from which they derive (pg. 8). The Heritage Farm Children's Area is designed to be a place of education where urban suburban children of all ages can explore open spaces including agricultural land and bodies of water such as bogs (Ch. 1, pg. 7 -- definition of open space) through hands -on investigations, o if there are special or emergency situations or any State or Federal mandates affecting the need for the project: (D, E) The Buffalo Zoo's current Children's Zoo, built in 1965, does not meet several federal mandates enacted after the area opened. The petting zoo pens are non -ADA compliant due to the width of the gates used by visitors to enter the pens. Animals can not be out on exhibit in the winter months because the current pens allow the public to have contact with the animals when a Zoo attendant is not present. Under the Animal Welfare Act, public hand washing facilities must be available if the public has the opportunity to touch the animals. The Zoo has added temporary hand wash stations in our current Children's Zoo to address this requirement but the units are not permanent structures, nor are they handicapped accessible. The new Heritage Farm Children's Area will correct all of these deficiencies and provide a year -round petting opportunity for visitors. o describe environmental elements contained within the project area (i.e.; species that are of special concern, endangered, threatened or that are rare, exploitable or vulnerable as identified on Department of Environmental Conservation (DEC) or Department of State (DOS) lists, wetlands, significant habitat areas as identified on DEC, DOS or Natural Heritage Program inventories, historic and/or cultural resources or are within a designated area of statewide significance). To receive points, describe how the project work will protect these elements and cite the specific pages of the documents where the environmental elements are referenced: (C, H) Though the project area does not naturally contain environmental elements with conservation concerns, the new Children's Area will house several native animal species of importance to the DEC. A portion of the Heritage harm Children's Area will contain a wetland/bog at the end of an artificial tow path. This area will contain species such as spotted turtles, Eastern Massasauga rattlesnakes and blue spotted salamanders, all of which are listed as species of greatest conservation need in the DEC's Comprehensive Wildlife Conservation Strategy for New York (Table 10, Lake Erie Basin; Table 8, Southwest Lake Ontario Basin). Public awareness of the conservation issues surrounding these animals through interpretation and hands -on investigations is an important step toward conserving local wildlife. In addition, this gives the Zoo an opportunity to further participate in Iocal conservation efforts with these species. An example of this participation can be seen in the Buffalo Zoo's involvement in the establishment of a Species Survival Plan for the Eastern Massasauga rattlesnake through the Association of Zoos and Aquariums, our accrediting body. Species Survival Plans are nationwide zoo plans to manage the populations of endangered species in an effort to conserve them. o describe the resulting public benefit upon completion of the project including how the project meets the Commissioner's funding priorities listed on page I and why the State should cost share in the project. In addition to this narrative, to receive points for the Quadricentennial, the project must be associated with Lake Champlain and the Hudson River, enhance the water corridor being celebrated, and be completed by 2009: (C, G) This project is in line with the Commissioner's funding priorities, namely that of a project for the construction or rehabilitation of facilities that will provide or allow for significant environmental interpretation or education_ The Buffalo Zoo is located in the Western Erie Canal Heritage Corridor and welcomed 391,729 visitors in 2006 - the highest attendance of any cultural institution in Erie County. The vast majority of those patrons visited our current Children's Zoo as part of their experience. The development of the Heritage Farm Children's Area with a focus on the.Erie Canal, heritage farming and wetlands creates an opportunity to educate almost every Zoo patron about these local historic and conservation - related themes. Through the A -5 A development of strong interpretive/educational components such as family and school- oriented environmental education lJ programs, guided and interpreted animal contact opportunities, and interactive signage and demonstrations, the goal of significant environmental education will be achieved. This project also will provide new recreational opportunities for underserved communities. The high value and low cost of attending the Buffalo Zoo as a recreational destination attracts many visitors from underserved communities. Though the Heritage Farm Children's Area will have strong environmental education components, it will also provide a fun recreational experience for visitors. Children's areas in zoos are traditionally places for children to explore nature (domestic and wild) in a fun, light atmosphere. The most effective methods of providing educational and recreational opportunities in a zoo setting is to offer patrons the chance to touch. animals, play games, actively interact with exhibit components and take part in demonstrations. For the large inner -city population of Buffalo, the Zoo may provide the only chance to enjoy a real farm experience, `Me Heritage Farm Children's Area will give patrons all of these opportunities for no additional cost beyond general zoo admission or presale group admission rates. In addition, the seventh and eighth grades of the Charles R. Drew Science Magnet School (BPS #59) are located on the premises of the Buffalo Zoo. Students attending this school are from underserved communities across Buffalo as shown by the school's poverty rating of 84 %. The students from all three Science Magnet School sites (Buffalo Zoo, Museum of Science and Early Childhood Center) enjoy free zoo admission as well as on -going free educational and recreational programming. The addition of the Heritage Farm Children's Area will provide another venue for their recreational and educational experiences. o if the proposed project is for the development of a remediated brownfield, describe how it will rehabilitate or restore the site for park, recreation or conservation purposes. In addition to this narrative, to receive points, a certificate of completion or letter from DEC that recognizes the successful removal of hazardous waste must be provided: (C, F, G) NOT APPLICABLE o if the proposed project is Iocated in the legislatively designated Hudson River Valley Greenway Region, describe how it is consistent with the Greenway criteria of natural and cultural resource protection, regional planning, economic development, heritage and environmental education, and public access to the Hudson River. In addition to this narrative, to receive points, a letter from the IJudson River Valley Greenway affirming that the project is consistent with the goals of the Hudson River Valley Greenway, must be submitted: (Legislatively Designated) NOT APPLICABLE o where you are in the planning process and whether a consultant has been chosen to prepare construction documents; how the design meets, the standards in SCORP; if pre - construction planning documents have been prepared or already submitted and found acceptable by OPRHP; whether permits are required, and if they are, the status of the permit application; include dates: (B, E; F) The Heritage Farm Children's Area is part of a 15 -year site improvement (master plan) for the Buffalo Zoo developed in 200I. To date, $26 million in master plan projects have been completed or are under construction. The project for which we are seeking funding is currently in the Schematic Design Phase. We have not yet chosen a consultant to prepare construction documents for the project but will award the contract on a competitive basis once funding is secured. The project satisfies the following recommended design standards: 1) it is durable, 2) includes drinking fountains and toilets, 3) is surrounded by an 8' fence to avoid traffic hazards, 4) is served by Mass Transit, 5) is accessible to persons with disabilities, 6) has parking for 346 cars, 7) includes adequate lighting for safety, 8) includes picnic areas, and 9) is open year round. The Buffalo Zoo's 15 -year site improvement plan (i.e. pre - construction planning document) was found acceptable by OPRHP during the SEQR process in 2006. Demolition of the existing Guanaco holding building was included in that review. In addition, we plan to submit the proposed design documents for the new 1850's style barn to OPRHP once the plans have been finalized. We will apply for building permits from the City of Buffalo once the construction documents have been completed and the construction contracts have been awarded. No special permits are required for the project. o any unremediated alienations and/or conversions of public parkland under your jurisdiction (municipalities only); not-for-profit applicants should contact local government officials in order to respond: (B, F) NO A -6 Circle one: donated purchased converted from other purpose Associated Costs Subtotal: Administration Component PROJECT SCHEDULE CPA Audit Report September 2009 21 months 3,000 Scope, Budget and Timeframe September 2008 9 months 200 Subtotal: (Eligible project costs are listed on pages 7 to 9) 1,600,000 Pre- developmer►t Component *Completion Cost Design Fees (Design Develop/ Construction Doc) January 2008 - July 2008 6 months 1 12,500 Archeology August 2008 7 months 2,000 Subtotal: 114,500 Construction Component # of Units *Completion Cost Demolition of Existing Holding Building September 2008 8 months 25,000 Outdoor (Site Work, Utility Installation) October 2008- December 2008 12 months 175,000 Indoor (Barn Construction) March 2009 — July 2009 19 months 750,000 Outdoor (Landscaping, Construction of Canal Lock) July 2009 — August 2009 20 months 200,000 Interpretive Graphics and Interactive Components July 2009 — August 2009 20 months 295,000 Bidding and Construction Supervision August 2008 — August 2009 20 months 37,300 Subtotal: 1,482,300 Acquis ition (Also include the value of any property that will be donated or converted from other purpose) Description (by parcel) Acres *Completion Cost Circle one: donated purchased converted from other purpose Associated Costs Subtotal: Administration Component *Completion Cost CPA Audit Report September 2009 21 months 3,000 Project Sign September 2008 9 months 200 Subtotal: 3,200 Total Project Cost: 1,600,000 *calculated in months from date of award A -7 APPLICANT SHARE AND SOURCES (Eligible forms of applicant share are listed on page 8) �f Identify all funding for this project. Include information on source of funds (i.e., Federal, State, Private), amount, type (i.e., cash on hand, force account, donations, real property, etc.) and date used, available or requested. Include all funds or support in -hand, committed or anticipated for this project. Please note any restrictions that may apply to any funds used as match. FUNDS COMMITTED Type of Funds (circle one): Type of Donation (circle one): Funding Source (circle one): Dollar Amount: Date Used; Date Available: Restriction: Type of Funds (circle one): Type of Donation (circle one): Funding Source (circle one): Dollar Amount: Date Used: Date Available: Restriction: Type of Funds (circle one): Type of Donation (circle one): Funding Source (circle one): Dollar Amount: Date Used: Date Available: Restriction: cash, force account, donations, cash, supplies and/or materials, Federal, State, County, Private $600,000 real property, other volunteer labor, real property March 2008 restricted to Capital Improvements cash, force account, donations, cash, supplies and/or materials, Federal, State, County, Private $500,000 support in -hand none cash, force account, donations, cash, supplies and/or materials, Federal, State, Private FUNDS REQUESTED FROM OTHER SOURCES Funding Source (circle one): Dollar Amount: Date fiends were requested: Date funds are expected: Restriction: Funding Source (circle one): Dollar Amount: Date funds were requested: Date funds are expected: Restriction: Funding Source (circle one): Dollar Amount: Date funds were requested: Date funds are expected: Restriction: Federal, State, Private Federal, State, Private Federal, State, Private real property, other volunteer labor, real property real property, other volunteer labor, real property A -8 APPLICATION CHECKLIST U Each complete application package (handwritten ttpplications will NOT he accepted) must be postmarked or received in the appropriate regional office no later than .June 29, 2007, each to include: THREE complete sets of: Forms from pages A -1 to A -9 of the application, including this checklist Ownership Documentation (page 10) Photos showing the project area (page 10) Original 1:24,000 USGS or Department of Transportation (DOT) planimetric map with the subject property circled (page 10) Schematic Development Plan (page 10) Highlighted excerpts from local planning documents, as appropriate, including adoption or reaffirmation of resolution within 5 years or copy of the approval/endorsement of the governing body of the applicant (page 10, A -3) Hudson River Valley Greenway Letter (pages 11, A -6) SEQR and/or NEPA compliance documentation (page 10) Permits (pages 11, A -6) A certificate of completion or letter from DEC that recognizes the successful removal of hazardous waste (page A -6) Signed Authorizing Resolution (pages 11,12) Signed Municipal Endorsement — Not - for - Profit Corporations — EPF ONLY (pages 11,12) Empire Zone Letter (page 11) Ground Disturbance Documentation (pages 11, A -4) Written estimate of fair market value, for any property that will be acquired or used as match (pages 7, 8,11) All letters of support (page 11) To the extent possible, all attachments should be no larger than 8 1/2" x 11" format; labeled with property name, location and cross - referenced to the specific part in the application. Only flexible portfolios less than I" thick should be used to package the application. Did you attend an OPRHP sponsored Workshop? X Yes / No If yes, May S, 2007 Reinstei.n Woods Nature .Preserve Tiffany Vanderwerf DATE LOCATION ATTENDEE(S) Incomplete applications will not be considered for funding. Additional ReQuirements Successful applicants will be required to supply additional information. Awards will be conditioned for the timely receipt of final documentation required for State or Federal approval. Final Notification Applicants should contact the appropriate regional grant representative to have unsuccessful applications returned. t A -9 14ESOLUTI{4N I, Jane C. Hettrick, the duly elected and. qualified secretary of the Zoological Society of Buffalo, Inc. of Buffalo, New York, corporation subject to the Not -for- Profit Corporation. Law of New York State and qualified for tax exempt status under the federal internal revenue code, do hereby certify that the following resolution was adopted at a regular meeting of the Zoological Society of Buffalo, Inc. held on April 24, 2007, and is incorporated in the original minutes of said meeting, and that said resolution has not been altered, amended or revoked and is in fall force and effect. RESOLVED: That Donna M. Fernandes, PhD, as President of the Zoological Society of Buffalo, Inc. is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $500,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this Zoological Society of Buffalo, Inc. for a new Children's Zoo and, if appropriate, a conservation casement/preservation covenant to the deed of the assisted property. Janf C. Hettrick, Secretary BUFFALO ZOO - 300 Parkside Avenue • Buttalo, NY 14214 • 716-837-3900 Phone - 718- 837 -0738 Fox • www.butfalgzaa.arg Accredifed by the American Zoo and Aquarfum Association . reecvclr rl J=-r - t t }lY County of Erie JOEL A. GIAMBRA Comm exreU71VE PHONE: 716.858 -8500 June 27, 2007 FAX #: 716.858 -8411 Ms. Noelle Kardos District Grant Representative NYSOPRHP Niagara Reservation State Park PO Box 1132 Niagara Falls, New York 14303 -0132 Dear Ms. Kardos, 1 am writing support of the Buffalo Zoo's Environmental Protection Fund Grant Application. As County Executive, my administration has invested millions of dollars in area cultural institutions to enhance Western New York's reputation as a major cultural tourism destination. A major recipient of that investment has been the Buffalo Zoo. In 2002, 1 was one of the first to see the completed Zoo master plan. I was most . impressed by the remarkable vision proposed for a revitalized Buffalo Zoo. Furthermore, the accompanying business plan made good economic sense. As a result, my administration pledged $8 million in support of Phase I construction. To date, the Zoo has undertaken $26 million in capital projects proscribed by the master plan. With this investment, attendance has increased by 19% over the last five years, cementing the Zoo's position as the most popular cultural attraction in Western New York. The Heritage Farm Children's Area, the next major project to be built by the Buffalo Zoo, will further enhance the Zoo's popularity, particularly among families with young.chitdren. This fall, our administration will be proposing $600,000 in the 2048 capital budget to support the now Children's Area. This amount will complete the $B million in Erie County Funds pledged in 2002 for Phase I construction. With a total budget of $1.6 million for the Heritage Farm Children's Area, I urge you to grant the $500,000 in requested matching funds to assure that this project moves forward. Sincer L-4'Na / . GIA RA ERIE COUNTY EXECUTIVE EDWARD A. RATH COUNTY OFFICE BUILDING, 95 FRANKLIN STREET, BUFFALO. NEW YORK 14202 • www.erle.Bov SAM HOYT Aesemblymarnber 144TM District noorn 837 Legislative office oulding .Albany, NowYork 12248 518. 455.4886 FAX 518.455 -4690 hoy13@asserr%b/.s1a19.ny.us 936 Oelaware Avenue, Suite 005 Buffalo, New York 14209 716. 885.9630 FAX 716.885.9(336 June 25, 2007 Carol Ash Commissioner NYS Office of Parks, Recreation & Historic Preservation Empire State plaza, Bldg. 1 Albany, NY 1223$ Dear Commissioner 690- , 0- r o k . 11 CHAIR Committee on Local Govornments CO•CHAIR Task Force on Htgn Speed Raif COMMITTEES Ways and Means Transportation Energy rouriem, Arts 8 Sports Development Cities MEMBER Puerto Ricar04ispanlc Task Force It is without hesitation. that I offer this letter of support for the Zoological Society of Buffalo's 2007 Environmental Protection Fund Grant Application for $500,000 in matching funds. The Buffalo Zoo has long been a source of affordable entertainment and education for our area's families and is the area's most popular cultural attraction. While it is located within my Assembly district, in the historic Delaware Park, it draws visitors from a 90 -mile radius, providing unparalleled educational and recreational opportunities for its visitors. Over the last few years, the Board and staff at the Zoo have made tremendous progress in rebuilding the Buffalo Zoo into a world-class tourist destination. The new River Otter and Sea Lion habitats and the South American Rainforest exhibit currently under construction have led to a resurgence in attendance, membership, and private support for the Zoo. These funds would provide critical support to the development of a Heritage Farm Children's Area which will be themed around historic farming practices and the use of the Eric Canal for transportation of goods from rural communities to major cities downstate. This exhibit will greatly enhance the connection between the Zoo and the development of Buffalo's historic waterfront, particularly the Erie Canal terminus and Great Fakes Museum to be built in our inner harbor's Canalside development. The Buffalo zoological Society has an impressive track record of bringing in construction projects on time and on budget and I am confident that this project will be no exception. This unique attraction is sure to-draw visitors from all over Western New York and the surrounding areas and will continue to raise the profile of this cherished cultural jewel which is why I respectfully encourage you to support the Zoo's request and provide these grant funds. As always, please do not hesitate to contact me should you have any questions regarding this matter. ZMEMBER �'is •ter- c d* v^&a%wN; " ►. T OF SS EMBLY SH:sjmk cc: Noelle Kardos Printed on recycled paper. THE ASSEIVIBL.Y STATE OF NEW YORK ALBANY May 17, 2407 r I& v Common Councf Legislative ,Staff City Of Buff al oo WY ', 9 .laboratory T'orAew Ideas" Ch /of of Staff Paul WV Wolf, Esq. Legislative StaffManrrger Mary 14.138ldwin SetrlorlegtriativeAssistant Xv Iarnes S. Pajak Senior Legislative Milly Castro Lisa M. Collin Mark J. Jaskula Jacqueline G Rushton Legislative Alde Karen R. Privateer Ms. Donna Fernandez, Director BufWo Zoo 300 Farkside Avenue Buffalo, NY 14214 Dear Ms. Fernandez: At the Common Council meeting held. .on Tuesday, May 15, 2007, 'the following resolution was adopted. "A resolution iri support. of the Buffalo Zoo grant application " Res #1 -06 CCP May 15,.2007 A copy of the resolution is enclosed for your records.. Sincerely, Marc l-l9aldwiri Y Legislative Staff Manager Enc. 65 Niagara Square -Room 1413 City Hall Buffalo, NY 11202 -3318 Phone: (716) 851 -5105 Fax: (716) 851 -4234 0 241 R ESOLU,N Sponsor: Michael J. "LoCurto Co- Sponsor: David A. Franczyk RE: A resolution in support of the Buffalo Zoo grant application 05/1512007 r� Whereas: The Zoological Society of Buffalo, Inc. is applying to the New York State Office of .parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund for a park project to be located at 300 Parkside Avenue, a site located within the territorial jurisdiction of the Common Council of the City of Buffalo; 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' J . Now Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby noes approve and endorse the application of the Zoological Society of Buffalo, Inc. for a grant under the Environmental Protection Fund for a park project known as new Children's .Zoo and Iocated within this community. Therefore Be lit Finally Resolved That should the Zoological Society of Buffalo, Inc. be unable to do so, said property shall be forever maintained by the City of Buffalo as a municipal park iin this cominun:ity consistent with the roles promulgated by OPRHP. Michael J. Curio D id A. Fr czyk 9J) go 1 0 (-p �r STATE AGENCY (Name & Address): New York State Offices of Parka, Recreation and Historic Preservation Agency Building One Empire State Plaza Albany, New York 12238 GUARANTOR (Name & Address): City of Buffalo 65 Niagara Square Buffalo, New York 14214 CONI'RACI'OR (Name & Address): Zoological Society of Buffalo, Inc. Buffalo Zoo 300 Parkside Avenue Buffalo, New York 14214 CHARITIES REGISTRATION NUMBER: 047298 CONTRACTOR IS UP -TO -DATE with filing all required annual written reports with the Attorney General's Charities Bureau, or the appropriate oversight Agency FEDERAL TAX ID NUMBER: 160911204 MUNICIPALITY NUMBER: N/A STATUS: CONTRACTOR IS NOT A SECTARIAN ENTITY CONTRACTOR IS A NON -FOR- PROFIT ORGANIZATION NYS COMPTROLLERS NUMBER: C407049 NYS AGENCY NUMBER: EPF- 407049 -N8 ORIGINATING AGENCY CODE: 49070 REGION: NI TYPE OF PROGRAM: ENVIRONMENTAL PROTECTION FUND PKS INITIAL CONTRACT PERIOD: FROM: November 30, 2007 TO: December 31, 2009 FUNDING AMOUNT FOR INITIAL PERIOD: $400,000.00 MULTI -YEAR TERM: (if applicable) FROM: N/A TO: N/A APPENDICES A'FrACHED AND PART OF THIS AGREEMENT: APPENDIX A...Standard Clauses for All New York State Contracts APPENDIX A I ...Clauses Required by Office of Parks, Recreation and Historic Preservation APPENDIX B ... Budget APPENDIX C ... Payment and Reporting Schedule APPENDIX D ... Program Workplan APPENDIX X... Modification Agreement Form (to accompany modified appendices for changes in term or consideration on an existing period or for renewal periods) APPENDIX E ... Special Conditions and Requirements APPENDIX F ... Program Specific Requirements IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below, #heir signatures. r. k PROJECT NUMBER: EPF- 407049 -NS CONTRACTOR: Zoological Society of Buffalo, Inc. Printed Name: STATE OF NEW YORK ) SS.: COUNTY OF ) CONTRACT NUMBER: 0407049 Date: Printed Title: On the day of in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their/ eapacity(ies), and that by his /her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public, State of New York GUARANTOR: City of Buffalo By: Printed Name: Date: Printed Title: STATE OF NEW YORK ) SS.. COUNTY OF ) On the day of in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their/ capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public, State of New York STATE AGENCY: New York State Offices of Parks, Recreation, and Historic Preservation By: Date: State Agency Certification: "In addition to the acceptance of this contract, 1 also certify that original copies of this signature page will be attached to all other exact copies of this contract." "T's " 41 RIIA&CMIA M Approved: Thomas P. DiNapoli State Comptroller By Date STATE OF NEW YORK AGREEMENT This AGREEMENT is hereby made by and between the State of New York agency (STATE) and the public or private ' agency (CONTRACTOR) identified on the face page hereof. WITNESSETH: WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services; and WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT. NOW THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the CONTRACTOR agree as follows: L Conditions of Agreement A. This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or within a subsequent Modification Agreement(s) (Appendix X), Each additional or superseding PERIOD shall be on the forms specified by the particular State agency, and shall be incorporated into this AGREEMENT. B. Funding for the first PERIOD shall not exceed the funding amount specified on the face page hereof Funding for each subsequent PERIOD, if any, shall not exceed the amount specified in the appropriate appendix for that PERIOD. C. This AGREEMENT incorporates the face pages attached and all of the marked appendices identified on the face page hereof. D. For.each succeeding PERIOD of this AGREEMENT, the parties shall prepare new appendices, to the extent that any require modification, and a Modification Agreement (the attached Appendix X is the blank form to be used). Any terms of this Agreement not modified shall remain in effect for each PERIOD of the AGREEMENT. To modify the AGREEMENT within an existing PERIOD, the parties shall revise or complete the appropriate appendix form(s). Any change in the amount of consideration to be paid, or change in the term, is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix A 1 _ E. The CON'T'RACTOR shall perform all services to the satisfaction of the STATE. The CONTRACTOR shall provide services and meet the program objectives summarized in the Program Workplan (Appendix D) in accordance with: provisions of the AGREEMENT; relevant laws, rules and regulations, administrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program. F. If the CONTRACTOR enters into subcontracts for the performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be deemed to exist between the subcontractor and the STATE. G. Appendix A (Standard Clauses for All New York State contracts, attached hereto and made a part hereof) takes precedence over all other parts of the AGREEMENT. II. Payment and Reporting A. The CONTRACTOR, to be eligible for payment, shall submit to the STA`I E's designated payment ofEcd (identified in Appendix C) any appropriate documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the STATE. B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule (Appendix Q. The STATE shall pay the CONTRACTOR, in consideration of contract services for a given PERIOD, a sum not to exceed the amount noted on the face page hereof or in the respective Appendix designating the payment amount for that given PERIOD. This sum shall not duplicate reimbursement from other sources for CONTRACTOR costs and services provided pursuant to this AGREEMENT. C. The CONTRACTOR shall meet the audit requirements specified by the STATE. III. Terminations A. This AGREEMENT may be terminated at any time upon mutual written consent of the STATE and the CONTRACTOR. B. The STATE may terminate the AGREEMENT immediately, upon written notice of termination to the CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT. C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in Appendix A 1. D. Written notice of termination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with the terms of the notice. E. Upon receipt of notice of termination, the CONTRACTOR agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations a s possible, and agrees not to incur any new obligations after receipt of the notice without approval by the STATE. F. The STATE shall be responsible for payment on claims pursuant to services provided and costs. incurred pursuant to terms of the AGREEMENT. In no event shall the STATE be liable for expenses and obligations arising from the program(s) in this AGREEMENT after the termination date. IV. Indemnification A. The CONTRACTOR shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The CONTRACTOR shall indemnify and hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provision of services pursuant to this AGREEMENT. B. The CONTRACTOR is an independent contractor and may neither hold itself out nor claim to be an officer, employee or subdivision of the STATE nor make any claim, demand or application to or for any right based upon any different status. V. Property Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is deemed to be the property of the STATE except as may otherwise be governed by .Federal or State laws, rules or regulations, or as stated in Appendix Al. VI. Safeguards for Services and Confidentiality A. Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. S. Funds provided pursuant to this AGREEMENT shall not he used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office. C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained and used only for the purposes intended under the contract and in conformity with applicable provisions of laws and regulations, or specified in Appendix Al. STMOt1M0 CLAUSES FOR NYS CONTMCTS STANDARD CLAUSES F OR NYS CON TRACTS The parties to the attached contract, license lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract ") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EMCUTORY CLAUSE. in accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON - ASSIGNMENT CLAUSE In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5 -A of the State Finance Law, 3. COMPTROLLER'S APPROVAL In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6.a). 4. WORKERS' COMPENSATION BENEFITS In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON- DISCRIMINATI N RE UIR)EMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non - discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220 -e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is snhiect to ones of $50.00 per person per day for any violation of Section 220 -e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 7. NON - COLLUSIVE BIDDING CERTIFICATION In accordance with Section 139 -d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered' to the State a non - collusive bidding certification on Contractor's behalf. $. INTERNATIONAL. BOYCOTT PROHIBITION In accordance with Section 220 -f of the Labor Law and Section 139 -h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned , or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 240I et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4), 9. SET -OFF RIGHTS The State shall have all of its common law, equitable and statutory rights of set -off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set- off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set -off rights in accordance with normal State practices including, in cases of set -off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller, 10, RECORDS The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records "). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Junc,2006 STANDARD CLAUSES FOR MYS COKMCTS Records during normal business hours at an office of th C within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute ") provided that, (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and /or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of -goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, 110 State Street, Albany, New York 12236. origin, sex, age, disability or marital status, and %ill .nderlake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a ", "b ", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work ") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. . Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national 14. GOVERNING LAW This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article I I -A of the State Finance Law to the extent required by law. 16. NO ARBITRATION Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS In addition to the methods of service allowed by the State Civil Practice Law & Rules ( "CPLR "), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. June, 2006 STAMUND CIAIISES FOR KYS £ONMCTS L Contractor will have thirty (30) calendar days after s� -rvice. herelmder is complete in which to respond. business entcrprisPS, on this project, and has retained the documentation of these efforts to be provided upon request to the State; 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law §165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 119. MACSRIDE FAIR EMPLOYMENT PRINCIPLES In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ircland.in accordance with the MacBride Fair Employment Principles (as described in Section 155 of the New York State Finance Law), and shall permit independent monitoring: of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992 It is the policy of New Xork State to maximize opportunities for the participation of New York State business enterprises, including minority and women -owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business 30 South Pearl St -- 7' Floor Albany, New York 12245 Telephone: 518- 292 -5220 Fax: 518- 292 -5884 http://www.empire.state.ny.us A directory of certified minority and women - owncd business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 South Pearl St -- 2nd Floor Albany, New York 12245 Telephone: 518 - 292 -5250 Fax: 518- 292 -5803 http: / /www.empire. state. ny.us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women -owned (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P-L. 92 -261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to • the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. PURCHASES OF APPAR L. In accordance with State Finance Law 162 (4 -a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that: (i) such apparel was manufactured in compliance: with all applicable labor-and occupational safety laws, including, but not limited to, child labor laws, wage and hours laws and workplace safety laws, and (ii) vendor will supply, with its bid (or, if not a bid situation, prior to or at the time of signing a contract with the State), if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be utilized by the bidder. June, 2006 Zoological Society of Buffalo, Inc. Construction of Heritage -Farm Children's Area EPF- 407049 -N8 APPENDIX A I Clauses Required by Office of Parks, Recreation and Historic Preservation 1, Changes to Budget and Program Workplan. Changes shall not be made in the work described in the Program workplan as described in Appendix D or the proposed expenditure of funds as shown in the Budget, Appendix B, without the prior written approval of the STATE. Such approval will be granted if the changes are not substantive and do not alter the scope, intent or basic elements of the contract. Changes may be made in the Budget to reallocate funds between budget items provided such changes do not exceed twenty percent of the total value of the contract and have the STATE's written approval. Changes in the Program Workplan which are substantive or alter the scope, intent or basic elements of the contract, or Budget changes which are in excess of twenty percent of the total value of the contract, if agreed to by the STATE, will be implemented by an amendment to this AGREEMENT. (See Section 1, Paragraph D of the AGREEMENT). 2. Termination. A. In the event the project cannot be completed as agreed upon by the STATE and the CONTRACTOR, the CONTRACTOR shall bring it to a point of recreational usefulness agreed upon by the STATE and the CONTRACTOR. B. The CONTRACTOR agrees that the benefit to be derived by the United States, the State of New York and the CONTRACTOR from compliance with the terms of this agreement is the preservation, protection and net increase in the availability and quality of public outdoor recreation facilities and resources available to the people of the United States, the State of New York and the CONTRACTOR and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished under, this agreement. Further, payment to the STATE of an amount equal to the amount of money made available under this agreement would be inadequate compensation for any breach by the CONTRACTOR of this agreement. Therefore, the appropriate remedy in the event of breach of this agreement by the CONTRACTOR shall be the specific performance of this agreement. 3. Participation by New York State Businesses and Minority Group Members and Women with Respect to State Contracts; Omnibus Procurement Act. It is the policy of New York State to maximize opportunities for the participation of minorities and women as employees, and of New York State business enterprises, as subcontractors and suppliers on its procurement contracts. A. Omnibus Procurement Act Provisions. 1. Information on the availability of New York State subcontractors and suppliers is available from: Empire State Development Division Minority and Women's Business Development 30 South Pearl Street Albany, NY 12245 Phone: (518) 292 -5250 / Fax: (518) 292 -5803 Note: When requesting lists of potential subcontractors and suppliers please identify the SIC code, size and location of vendors. 11. If located in a foreign country the contractor is hereby notified that New York State may seek to obtain and assignor otherwise transfer offset credits created by this contract to third parties located in New York State. The contractor agrees to cooperate with the State in efforts to get foreign countries to recognize offset credits created by this contract. B. Equal Employment Opportunity Provisions. 1, The CONTRACTOR and its subcontractors shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, affirmative action shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. Zoological Society of Buffalo, Inc. Construction of Heritage-Farm ChiIdren's Area EPF- 407049 -N8 11. No later than seven days after being notified of the award of this contract the CONTRACTOR shall submit an Equal Employment Opportunity (EEO) policy statement to the STATE. 111. The CONTRACTOR's EEO policy statement shall contain, but not necessarily be limited to, and the CONTRACTOR, as a precondition to entering into a valid and binding State contract, shall, during the performance of the contract, agree to the following: (a) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts. (b) The CONTRACTOR shall state in all solicitations or advertisements for employees that, in performance of this contract, all qualified applicants will be afforded equal employment opportunities without discrimination because or race, creed, color, national origin, sex, age, disability or marital status. (c) At the request of the STATE the CONTRACTOR shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or Other agreement or understanding, to fumish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the CONTRACTOR's obligation herein. IV. No later than seven days after being notified of the award of this contract the CONTRACTOR may be required to submit to the STATE a staffing plan of the anticipated work force to be utilized on this contract or, where required, information on the CONTRACTOR's total work force, including apprentices, broken down by specified ethnic background, gender, and Federal Occupational Categories or other appropriate categories specified by the STATE. The form of staffing plan shall be supplied by the STATE. V. On a schedule to be determined by the STATE, and in a form and manner required by the STATE, the CONTRACTOR shall submit to the STATE a work force utilization report, of the work force actually utilized on this contract, broken down by specified ethnic background, gender, and Federal occupational Categories or other appropriate categories specified by the STATE. The form of the staffing plan shall be supplied by the STATE. VI. The CONTRACTOR shall include the language of sub - paragraphs (1) through (V) in every subcontract in such a manner that the requirements of the provisions will be binding upon each subcontractor as to work in connection with this contract, including the requirement that subcontractors shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and, when requested, provide to the CONTRACTOR information on the ethnic background, gender, and Federal Occupational Categories of the employees to be utilized on this contract. VII. The CONTRACTOR agrees to comply with all applicable Federal, State and local Civil Rights and Human Rights laws with reference to equal employment opportunities and the provision of services. C. Minority/Women Owned Business Enterprise Provisions. 1. A directory of minority and women -owned business enterprises is available from: Empire State Development Division Minority and Women's Business Development 30 South Pearl Street Albany, NY 12245 Phone: (5 18) 292 -5250 / Fax: (518) 292 -5803 II. Definition. For the purposes of these clauses, the following definition shall apply: (a) "Certified business" shall mean either a business certified as a minority or women -owned business enterprise pursuant to section 314 of the Executive Law. Zoological Society of Buffalo, Inc. Construction of Heritage -Farm Children's Area EPF- 407049 -N8 (b) "Director" shall mean the Director of the Division of Minority and Women's Business Development established by section 311 of the Executive Law. (c) "Minority group member" shall mean a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups: (1) Black persons having origins in any of the BIack African racial groups; (2) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American of either Indian or Hispanic origin, regardless of race; (3) Native American or Alaskan native persons having origins in any of the original peoples of North America; (4) Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands. (d) "Minority-owned business enterprises" shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (1) at least fifty -one percent owned by one or more minority group members; (2) an enterprise in which such minority ownership is real, substantial and continuing; (3) an enterprise in which such minority ownership has and exercises the authority to control independently the day -to -day business decisions of the enterprise; and (4) an enterprise authorized to do business in this state and independently owned and operated. (e) "Subcontract" shall mean an agreement providing for total expenditures in excess of $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon between a contractor and any individual or business enterprise, including a sole proprietorship, partnership, corporation or not - for - profit corporation, in which a portion of a contractor's obligation under a state contract is undertaken or assumed. (f) "Women -owned business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (1) at least fifty -one percent owned by one or more United States citizens or permanent resident aliens who are women; (2) an enterprise in which the ownership interest of such women is real, substantial and continuing; (3) an enterprise in which such women ownership has and exercises the authority to control independently the day - to -day business decisions of the enterprise ; and (4) an enterprise authorized to do business in this state and independently owned and operated. III. Utilization Program Waivers. (a) If goals have been established by the STATE for the participation of certified M /WBE's on this agreement, at the direction of the STATE, but in no case later than execution of the agreement the contractor shall submit to the STATE a utilization program on forms to be provided by the STATE. The utilization program shall list all subcontractors and suppliers the contractor intends to use on the contract and indicate which are certified M /WBE's. (b) The STATE will review the utilization program and will issue to the contractor a written notice of acceptance or deficiency within twenty days of receipt. A notice of deficiency shall include; (1) the name of any M/WBE which is not acceptable for the purpose of complying with M /WBE participation goals; Zoological Society of Buffalo, Inc. Construction of Heritage -Farm Children's Area EPF -4 07049 -N8 (2) elements of the contract scope of work which the STATE has determined can be reasonably structured by the contractor to increase the likelihood of participation ofM /WBES; and (3) other information which the STATE determines to be relevant to the utilization program. (c) The contractor shall respond to the notice of deficiency within seven days of receipt by submitting to the STATE a written statement which remedies the deficiencies in the original plan. If the written remedy which the contractor submits is not timely or is found by the STATE to be inadequate, the STATE shall so notify the contractor within five days and direct the contractor to submit a request for a partial or total waiver of M /WBE participation goals on forms to be provided by the STATE. The request for waiver must be submitted within five days of the contractors receipt of a notice that the statement of remedy was untimely or inadequate. (d) A contractor who has made good faith efforts to obtain commitments from M/WBE subcontractors and suppliers prior to submitting its utilization program may request a waiver at the same time it submits its utilization program. If a request for waiver is submitted with the utilization program, and is not accepted by the STATE at that time, the provisions of clauses (b) and (c), regarding the notice of deficiency and written remedy will apply. In this case, the contractor may submit a second request for waiver as directed by the STATE. (e) If the contractor does not submit a request for waiver, or if the STATE determines that the utilization program does not indicate that the M /WBE participation goals will be met and that the good faith efforts of the contractor have been inadequate to justify the granting of the request for waiver, the STATE shall terminate the contract, or if the contract has not been executed, the STATE shall withdraw from contract negotiations. Notice of termination or withdrawal, along with a denial of a request for waiver, where applicable, shall be delivered to the contractor no later than twenty days after the STATE receives the request for waiver. (f) The contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its utilization program, at least to the extent indicated in the program. IV. Administrative Hearing on Disqualification.of Contractor. (a) If the STATE disqualifies the contractor on the ground that the contractor has failed to remedy deficiencies in its utilization program or document good faith efforts to remedy such deficiencies, the contractor shall be entitled to an administrative hearing, on the record, before a hearing officer appointed by the STATE, to review the determination of disqualification of the contractor. (b) The hearing officer's determination shall be a final administrative determination of the STATE and shall be reviewable by a proceeding brought pursuant to the Civil Practice Law and Rules, provided such proceeding is commenced within thirty days of notice given by certified mail, return receipt requested, rendering such final administrative determination in accordance with the provisions of section 313 of the Executive Law. (c) Such review shall be commenced in the Supreme Court, Appellate Division, Third Department, and shall be heard and determined in preference to all other civil business pending therein, except election matters, irrespective of position on the calendar. Appeals taken to the Court of Appeals of the State of New York shall be subject to the same preference. V. Good Faith Efforts. In order to show that it has made good faith efforts to comply with the M/WBE participation goals of this contract, the contractor shall submit such documentation as will enable the STATE to make a determination in accordance with the following criteria: (a) Did the contractor submit a completed, acceptable utilization program and EEO program aimed at meeting the goals for the participation of minorities and women in the contract? (b) Did the contractor place advertisements in appropriate general circulation, trade and minority or woman -owned publications in a timely fashion? (c) Did the contractor make written solicitations to women and minority-owned business enterprises listed in the directory of certified businesses in a timely fashion and include plans, specifications and contract terms. Did the businesses solicited respond in a timely fashion? , Zoological Society of Buffalo, Inc. Construction of Heritage -Farm Children's Area EPF- 407049 -Ng (d) Could the contractor have reasonably structured the work to be performed under subcontracts so as to increase the likelihood of participation by certified businesses? (e) Did the contractor attend any prebid or preaward meetings scheduled by the STATE with M /WBE's which the STATE determined were capable of performing work or supplying materials on the contract? (f) Were the subcontract terms and conditions offered to M /WBE's comparable to those offered in the ordinary course of the contractor's business to other subcontractors on the contract? (g) Did the contractor make payments to M /WBE subcontractors and suppliers in a timely fashion? VI. Reports. The contractor shalt submit, and shall require subcontractors to submit, reports showing the participation of all business enterprises on this contract, including minority and women -owned business enterprises on forms and at intervals to be established by the STATE. Reports not submitted at such times as shall be required by the STATE shall be cause for the STATE to delay implementing scheduled payments to the contractor. VII. Contractor's Failure or Inability to Meet M /WBE Participation Goals. (a) 'If the contractor, after making good faith efforts, is unable to comply with a contract`s M /WBE participation goals, the contractor may submit a request for a partial or total waiver on forms provided by the STATE. If the documentation required with the request for a waiver is complete, the STATE shall evaluate the request and issue a written notice of acceptance or denial within twenty days of receipt. (b) If the STATE, upon review of the contractor's utilization program and compliance reports, determines that the contractor is failing or refusing to comply with M /WBE participation goals, and no waiver has been issued in regards to such non - compliance, the STATE may issue a notice of deficiency to the contractor. The contractor must respond to the notice within seven days of receipt. This response may include a request for partial or total waiver of M /WBE participation goals. VIII. Contractor and Agency Complaints, Arbitration. (a) If the contractor submits a request for a waiver of M /WBE participation goals and the STATE denies the request or fails to respond within twenty days of receiving it, the contractor may file a complaint with the Director according to the provisions of section 316 of Article 15 -A of the Executive Law. The complaint must be filed within twenty days of the STATE's receipt of the request for waiver, if the STATE has not responded in that time, or within twenty days of a notification that the request has been denied by the STATE. (b) If the contractor fails to respond to a notice of deficiency, the STATE may file a complaint with the Director pursuant to section 316 of Article 15 -A of the Executive Law. (c) A complaint shall set forth the facts and circumstances giving rise to the complaint together with a demand for relief, (d) The party filing a complaint, whether the contractor or the STATE, shall deliver a copy to the other party. Both the complaint and the copy shall be delivered by either personal service or by certified mail, return receipt requested. (e) Upon receipt of complaint, the Director shall provide the party against whom the complaint has been filed with an opportunity to respond to the complaint. If within thirty days of receipt of the complaint, the Director is unable to resolve the complaint to the satisfaction of the STATE and the contractor, the complaint shall be referred to the American Arbitration Association for resolution pursuant to section 316 of Article 15 -A of the Executive Law and the applicable requirements of Article 75 of the Civil Practice Law and Rules. (f) Upon conclusion of the arbitration proceedings, the arbitrator will submit to the Director his or her award regarding the alleged violation of the contract or the refusal of the STATE to grant a waiver request by the contractor. The award of the arbitrator with respect to an alleged violation of the contract or the refusal of the state agency to grant a waiver shall be final and may be vacated or modified only as provided by Article 75 of the Civil Practice Law and Rules. Zoological Society of Buffalo, Inc. `= Construction of Heritage -Farm Children's Area EPF- 407049 -N8 (g) Upon conclusion of the arbitration proceedings and the rendition of an award, the arbitrator will also recommend to the Director a remedy, including, if appropriate, the imposition of sanctions, fines or penalties. The Director will either; (1) adopt the recommendation of the arbitrator; (2) determine that no sanctions, fines or penalties should be imposed; or (3) modify the recommendation of the arbitrator, provided that such modification shall not expand upon any sanction recommended or imposed by any new sanction, or increase the amount of any recommended fine or penalty. (h) The Director, within ten days of receipt of the arbitrator's award and recommendations, will file a determination of such matter and shall cause a copy of such determination to be served upon the parties by personal service or by certified mail, return receipt requested. The determination of the Director as to the imposition of any fines, sanctions, or penalties shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules. (i) The determination of the STATE or the contractor to proceed with a complaint shall not preclude the STATE, in its discretion, from pursuing any -other remedies which it may have pursuant to law and the contract. IX. Subcontracts. The contractor will include the provisions of sub- paragraphs (v) and (viii) above in every subcontract, as defined in sub - paragraph (ii), in such a manner that such provisions will be binding upon the subcontractor as to work in connection with this contract. 4. Non - Discrimination. The CONTRACTOR shall not limit access or discriminate in the operation of the facilities against any person on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status. Zoological Society of Buffalo, Inc. Construction of Heritage -Farm Children's Area EPF- 407049 -N8 APPENDIX B - BUDGET The detailed estimated budget for the project as outlined in this AGREEMENT is as follows: EXPENSES Development To include: Barn Construction $796,800.00 Administration To include: Audit report, project sign $ 3,200.00 TOTAL COSH" $$00 :004.00 FUNDING BREAKDOWN: 11� i STATE Share $400,000.00 CONTRACTOR Share $400,000.00 i Zoological Society of Buffalo, Inc. tV Construction of Heritage -Farm Children's Area EPF- 407049 -N8 APPENDIX C - PAYMENT AND REPORTING SCHEDULE DEVELOPMENT I. Amount of Grant Award: $400,000.00 IL The STATE agrees to make available to the CONTRACTOR a sum not to exceed the funding amount identified on the face page hereof. The STATE share shall cover no more than filly percent of eligible expenditures for any reimbursement request under this AGREEMENT. The grant reimbursement rate is determined by the ratio of funding amount to the total project cost in accordance with the budget (Appendix B). III, The STATE'S share of the project cost as set forth in this AGREEMENT shall be paid to the CONTRACTOR in installment payments as follows: A. INSTALLMENTS: CONTRACTOR shall be reimbursed as expenditures accrue for costs incurred from the project as outlined in APPENDIX B. Payments shall be made upon review and approval of appropriate plans, specifications, expenditure and project documentation to the satisfaction of the STATE. No more than 3 installments shall be allowed prior to the final installment. B. A FINAL INSTALLMENT of not less than 10% of the STATE'S share of the total cost shal I be made upon, to the satisfaction of the STATE: (I) completion of the project to the satisfaction of the STATE, (2) expenditure and project documentation, (3) review and approval of the Project Completion Report, (4) performance of a Final On -Site Inspection by the STATE, (5) if an amendment is required, a fully executed document must be on file prior to release of final reimbursement and formal close -out of the project, (6) documentation verifying the recording of the Preservation Covenant (a copy of the recorded document, showing Liber and Page Number) for Historic Preservation projects only, (7) for Parks projects, documentation verifying the recording of the Conservation Easement (a copy of the recorded document, showing Liber and Page Number) if project is sponsored by a not - for -profit organization, a. list of facilities developed and acres acquired, an as -built and as- acquired site map* and a final boundary map *. When parkland is involved, a map of the entire park, even if the subject of the grant involves property that is less than the entire park. The boundary map should show both: {a) the actual boundaries of the entire park in yellow, and in enough detail to be legally sufficient to identify the parkland, and {b) the actual boundaries of those parcels that are the subject of an acquisition or donation, color -coded and keyed to the "Schedule I - Summary Sheet Per Parcel" form. Acceptable methods of identification are: { I) metes and bounds (preferred), {2} deed references, (3) adjoining water'bodies or other natural landmarks, (4) government survey, {5) adjoining ownership's and/or (6) adjoining easements of record. Where one or more of these methods are not suitable for identification, measurements from permanent locators may be used. It is recommended that the map itself clearly show pertinent features such as roads, road names and numbers, bodies of water, buildings, structures, etc. The map must also identify all known outstanding rights and interests held by others, as well as known easements, deed /lease restrictions, reversionary interests, etc. The map must also include the title and number of the project, date of map preparation and name and signature of authorized officer, (8) approval by the STATE of documentation showing efforts made to satisfy requirements for the participation by New York State Businesses and Minority Group Members and Women with Respect to State Contracts, (9) Capital construction projects and /or acquisition projects with a grant amount of $99,999 or less shall provide an Agreed Upon Procedure Review of the grant, performed by a certified public accountant currently licensed by the NYS Board of Public Accountancy, in accordance with attestation standards established by the American Institute of Certified Public Accountants and in accordance with Government Auditing Standards issued by the Comptroller General of the United States of America. Capital construction projects and /or acquisition projects with a grant amount of $100,000 or more shall provide an audit of the Statement of Contract Revenues and Contract Expenditures as performed by a certified public accountant currently licensed by the NYS Board of Public Accountancy in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. *May be prepared on one map Zoological Society of Buffalo, Inc. Construction of Heritage -Farm Children's Area EPF- 407049 -N8 IV. Payment shall be made upon approval by the STATE and audit and warrant of the State Comptroller of vouchers executed by an authorized officer of the CONTRACTOR accompanied by such receipts and documents verifying expenditures as may be required by the STATE. V. The CONTRACTOR shall submit, with each payment request, a certificate executed by an authorized officer, which shall attest that said payment does not duplicate a request for payment, or any payment received, from any other source for goods or services under this AGREEMENT. VI.. The designated payment office shall be New York State Office of Parks, Recreation and Historic Preservation, Agency Building One, Empire State Plaza, Albany, New York 12238, Attention: Grants Unit, 16th Floor. VII. Within fifteen days of receiving the voucher, the STATE shall notify the CONTRACTOR of any problem with the voucher; for example, whether there are mistakes on the voucher or additional documents must be submitted. Once the CONTRACTOR has submitted a voucher to the STATE, the STATE will review and audit the voucher and submit it to the State Comptroller within thirty days. VIII. The STATE shall make periodic inspections of the project both during its implementation and after its completion to assure compliance with this AGREEMENT. The CONTRACTOR shall allow the STATE unrestricted access to work during the preparation and progress of the work, and provide for such access and inspection by the STATE in all construction contracts relating to the project. IX. The CONTRACTOR can receive reimbursements of all or any part of the above referenced schedule provided the appropriate expenditure and project documentation is submitted and approved by the STATE. Zoological Society of Buffalo, Inc. Construction of Heritage -Farm Children's Area EPF- 407049 -N8 APPENDIX D _ PROGRAM WORKPLAN I. PROJECT NARRATIVE: The Buffalo Zoo, located within the Western Erie Canal Heritage Corridor will recreate a historic farm from the m id- I800's with heritage breeds of domestic animals and include an adjacent wetlands /bog and a historic replica of an Erie Canal lock. It will help patrons explore and understand the historic and current importance of water to wildlife and domestic farm animals living within watersheds traversed by the Erie Canal as well as the historic importance of water and the Erie Canal to people as a means of transportation for crops and other goods. Construction of the Barn is the subject of the grant. II. ARTICLE 15A PARTICIPATION: The STATE has established the following goals for the participation of certified minority and women -owned businesses (MWBEs) on this project: MBEs, 8% of total dollar value WBEs, 5% of total dollar value The CONTRACTOR shall comply with the previsions of the document labeled Appendix A 1, which is attached to and made a part of this AGREEMENT. III. PROJECT SCHEDULE: The following Schedule is a recommended timefrarne for monitoring major thresholds which will result in completion of the grant by the scheduled ending date. This does NOT describe all the required steps involved in meeting these thresholds, nor is it intended to be a precise calendar. Nevertheless, not only is the schedule to be used as a monitoring tool by the CONTRACTOR and by the STATE, non- adherence to these timeframes without acceptable justification will be used as criteria in determining grant cancellation. The project documentation listed below should be submitted for approval /acceptance by the STATE as follows: ITEM DATE DUE THE FOLLOWING ITEMS MUST BE SATISFIED BEFORE STARTING THE BIDDING PROCESS Final Plans and Specifications September, 2008- UPON SATISFACTION OF THE ABOVE, PROCEED WITH THE FOLLOWING: Construction Bidding Process Commences Bid Award M/WBE Utilization Program Staffing Plan Start of Construction M /WBE Required Reports Payment Requests Project Completion Close -out Documentation Requirements (See Appendix C) October, 2008 November, 2008 November, 2008 December, 2008 MONTHLY BEGINNING January, 2009 ONGOING December, 2009 March, 2010 APPENDIX X -MODIFICATION AGREEMENT FORM Period From: To: Funding Amount for Period: Agency Code: 49070 Project #: 407049 Contract #: C407049 This is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the Office of Parks, Recreation and Historic Preservation, having its principal office at Agency Building One, Empire State Plaza, Albany, New York 12238 (hereinafter referred to as the STATE), and the Zoological Society of Buffalo, Inc., having its principal office at Buffalo Zoo, 300 Parkside Avenue, Buffalo, New York 14214 (hereinafter referred to as the CONTRACTOR), for modification of Contract Number C407049, as amended in attached Appendix.. All other provisions of said AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their signatures. CONTRACTOR: Zoological Society of Buffalo, Inc. By: Printed Name: Printed Title: Date: STATE OF NEW YORK } SS.: County of } STATE AGENCY: New York State Office of Parks, Recreation and Historic Preservation UA Date: State Agency Certification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." On the day of in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their capacity (ics), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Notary Public, State of New York) ATTORNEY GENERAL Approved: Thomas P. DiNapoli State Comptroller Lo Date Zoological Society of Buffalo, Inc. Construction of Heritage -Farm Children's Area r � EP)~ - 407049 -NS APPENDIX E - SPECIAL CONDITIONS AND REQUIREMENTS PKS PROJECTS *I. With the commencement of the project, the CONTRACTOR shall erect a project sign at the project site .noting the State's assistance to the project. The project sign specifications are available from the STATE_ The project sign shall remain in place in perpetuity. II. In the event of any unanticipated archeological discoveries, the CONTRACTOR shall stop all work and notify the STATE immediately. Work shall not resume until the STATE determines how any previously undiscovered archeological remains will be treated. Special attention shall be given to any discovery of burials, graves, or human remains. *III. The CONTRACTOR shall provide the following documentation to the STATE prior to the final execution of this AGREEMENT: A copy of the Good Faith Efforts Program Outline. Vendor Responsibility Questionnaire. • Boundary Map which satisfies the STATE's requirements. • copy of the determination letter from the US Department of the Treasury which verifies the CONTRACTOR's tax - exempt status and identifies the CONTRACTOR's Federal ID number. • copy of the CONTRACTOR's Certificate of Incorporation. • copy of the CONTRACTOR's By -Laws. IV. Since the CONTRACTOR's not the sole owner of the unencumbered fee of land identified under this AGREEMENT, the OWNER will act as GUARANTOR and will assume and abide by all terms and conditions of this AGREEMENT. *Conditions noted with an asterisk must be satisfied prior to commencement of work on this project. Zoological Society of Buffalo, Inc. Construction of Heritage -Farm Children's Area J EPF- 407049 -Ng APPENDIX F - PROGRAM SPECIFIC REQUIREMENTS 1. Construction Requirements. A. Any consultant contract in the amount of twenty -five thousand dollars ($25,000) or more for architectural, engineering or design services shall be awarded on a competitive basis after the CONTRACTOR has developed and publicized a Request for Proposal; a copy of the Request for Proposal and documentation of all responses shall be included with submission by the CONTRACTOR of any voucher for payment for such services. B. Contract plans, specifications, and cost estimates shall be submitted to the STATE for review prior to the letting of any construction contract by the CONTRACTOR. Once all changes have been made and agreed to by the STATE and the CONTRACTOR, the CONTRACTOR shall submit three copies of the plans, specifications and cost estimates to the STATE. The STATE shall verify that the plans, specifications and cost estimates are in conformance with the work described in "APPENDIX B - BUDGET" and shall so notify the CONTRACTOR in writing; the STATE shall further verify that appropriate documents have been prepared by a professional licensed to practice in the State of New York. A complete set shall be returned to the CONTRACTOR by the STATE and shall be kept on the project site at all times. All plans and specifications as reviewed shall become part of this AGREEMENT, and no change or revision may be made to such plans and specifications without the express written consent of the STATE. C. Contracts for construction in excess of twenty thousand dollars ($20,000) shall be awarded after competitive bidding in accordance with the provisions of the General Municipal Law. A certified copy of a summary of all bids shall be submitted to the STATE prior to awarding a contract, and an executed copy of the construction contract will thereafter be submitted to the STATE. D. The CONTRACTOR shall be responsible for assuring that the project is designed and constructed in conformance with the Uniform Federal Accessibility Standards (UFAS -- Appendix A to 41 CFR part 101- 19.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG -- Appendix A to 28 CFR part 36) and the New York State Uniform Fire Prevention and Building Code (parts 1100 -1102 of Tit le 9 NYCRR). Where there are discrepancies among the sets of standards with regard to a particular design /construction requirement, the one providing for the greatest degree of accommodation for the disabled shall apply. E. It is the CONTRACTOR'S responsibility to assure that all work on the project complies with all applicable state and /or local laws including, but not limited to, zoning ordinances and building codes. F. All purchase contracts involving an expenditure of more than ten thousand dollars ($10,000) shall be awarded to the lowest responsible bidder furnishing the required security after advertisement for sealed bids in the manner provided for in section 103 of the General Municipal Law. G. Is the CONTRACTOR's responsibility, pursuant to Section 57 of the Workers' Compensation Law, to maintain for STATE audit and review either proof that they have Workers' Compensation coverage for any employees, or a waiver statement from the New York State Department of Labor. The CONTRACTOR must also obtain from any contractor or sub - contractor hired to provide a service pursuant to this AGREEMENT, similar proof or waiver from the contractor or sub - contractor, and must maintain such documentation on file for audit. H. Goods and services which are not required by this contract to be procured by the CONTRACTOR pursuant to competitive bidding must be procured in a manner so as to assure the prudent and economical use of grant moneys, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption. Zoological Society of Buffalo, Inc. Construction of Heritage -Farm Children's Area EPF- 407049 -N8 11. Fees. The CONTRACTOR may charge a reasonable fee for the use of any facility, which is part of the project. A. Except for the imposition of a differential fee schedule for non - residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is prohibited. Fees charged to non - residents shall not exceed twice those charged to residents. B. Where there is no charge for residents but a fee is charged to non - residents, non- resident fees cannot exceed fees charged for residents at comparable State or local public facilities. C. Reservation, membership or annual permit systems available to residents must also be available to non - residents and the period of availability must be the same for both residents and non - residents. D. This provision does not apply to non - resident fishing and hunting license fees. III. Funding. The CONTRACTOR hereby certifies that the funds made available by the STATE under this AGR EEMENT shall not supplant local funds already appropriated or identified by the CONTRACT OR for the project. IV. Termination. The CONTRACTOR shall complete the project as set forth in this AGREEMENT, and failure to render satisfactory progress or to complete the project to the satisfaction of the STATE may be deemed an abandonment of the project and cause for the suspension or termination of any obI igation of the STAT E. In the event the CONTRACTOR should be deemed to have abandoned the project for any reason o r cause other than a national emergency or an Act of God, all monies paid to the CONTRACTOR by the STATE and not expended in accordance with this AGREEMENT shall be repaid to the STATE upon demand. If such monies are not repaid within one year after such demand, the State Comptroller of the State of New York may cause to be withheld from any State assistance to which the CONTRACTOR would otherwise be entitled an amount equal to the monies demanded (see Section III of this AGREEMENT). V. Alienation. A. The CONTRACTOR shall not at any time sell or convey any facility acquired or developed pursuant to this AGREEMENT or convert such facility to other than public park purposes without the express authority of an act of the Legislature, which shall provide for the substitution of other lands of equal fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by the STATE. B. In addition to the provisions of subparagraph (A) of this section, and notwithstanding anything to the contrary contained herein, the CONTRACTOR shall not sell, lease or otherwise convey in any manner or permit a change in use of the project, in whole or in part, unless it shall have first received the approval of the STATE. C. The CONTRACTOR agrees to own or hold by lease and to maintain and operate the project in perpetuity. The CONTRACTOR shall not authorize the operation of the project, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, lease or other arrangement without first obtaining the written approval of the STATE. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Strcets dated October 21, 2008, be received and filed; and That the Mayor and other authorized City personnel hereby authorized to execute the attached Buffalo Zoological Society of Buffalo, Inc. Agreement and to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the $400,000 New York State Offices of Parks, Recreation and Historic Preservation grant funding for the Children's Zoo Improvements. Passed. 6 r' i TAR raw tAwp60\inswordlrnrvl6c 10- 28a.doc 1. t,` �. #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL z TO: THE COMMON COUNCIL DATE: October 21, 2008 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Centennial Pool [: Alterations [: Job #0835 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT hereby submit to Your Honorable Body the following changes for Centennial Pool, Alterations, Hamilton, Houston, Lownie Architects, C #92011190. 1. Additional services required for additional sets of bid documents and drawings. Add $ 788.50 The foregoing change results in a net increase in the contract of Seven Hundred Eighty Eight and 501100 Dollars ($788.50). Summary: Original Contract Amount $ 49,900.00 Change Order #1 Add $ 10,000.00 Change Order #2 Add $ 96,500.00 Change Order #3 Add $ 2,500.00 Amount of This Change Order (#4) Add $ 788.50 Revised Contract Amount $159,688.50 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 39400206 445100 - Division of Buildings. ( �i SJS /PJM /DAH /dlg cc: Comptroller S. Harvey, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner of Public Works, Parks & Streets Signature of Department Head: bA Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 21, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 4, to Hamilton, Houston, Lownie Architects, an increase in the amount of $788.50, as more fully described in the above communication, for work relating to Job # 0835, Centennial Pool, Alterations, C #920111.90. Funds for_ this project are available in 39400206 445100 - Division of Buildings. Passed 7 TAB:rmv tlwpMnisword%: rnnvl7c l U- Mi,doc \� , °,� �1�_� ,�FjiF�i4 I 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 21 2008 FROM: DEPARTMENT: Public Works DIVISION: Buildings SUBJECT: [: Extension of Time on Contract [: Bailey Genesee Fire Station [: Construction [: Job #0674 [; Lovejoy District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT In accordance with the terms of the contract between the City of Buffalo and the following contractor, the general construction work on the above project should have been completed by December 2008. Due to pending demolition of adjacent house and possible revisions to the retaining wall, fencing and parking lot size and grading plan, along with relocation of site electrical and removal of unsuitable soil, the contractor has not yet been able to complete certain portions of their work. This is the first extension of time on this project. I have granted a no cost extension of time to June 30, 2009 for the following contractor: C #93000104 SJ -jWUAHldlg cc: Comptroller S. Harvey, Buildings Rodems Construction Co., Inc. Department Head Name: Peter J. Merlo Title Signature of Department Head Cit y E ngineer 5 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, larks and Streets dated October 21, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and lie hereby is authorized to grant a no -cost extension of time until June 30, 2009, to Rodems Construction Co., Inc., for Bailey Genesee Dire Station Construction, Job 1/0674, C #93000104, as more fully described in the above communication. Passed 8 TAB : rnly (:lwp6f)\msword%:r mv%8c 10- 28a.dou a���.8 �t�l� SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 21, 2008 FROM: DEPARTMENT: PUBLIC WORKS, PARKS & STREETS SUBJECT: [:GRASS CUTTING INVOICE TRANSFERS PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P.- xxixxlxx In accordance with Chapter 341, Article I of the Clty Ordinance, I am herewith attaching a list of parcels of land in the City of Buffalo, owners or persons having charge of such lands and the cost of cutting grass and weeds on these properties by the Department of Public Works, Parks & Streets, Division of Streets during the months of August 2007 and June, 2008 to July 2008. The Department of Public Works, Parks & Streets, Division of Streets is requesting that the following invoices be abated from miscellaneous accounts receivable and that the Commissioner of Assessment & Taxation places the charges) on the Local tax rolls. $ 230.00 - Total 2008 $11,130.00 - Total 2009 $11,360.00 - GRAND TOTAL SIGNATURE DEPARTMEN Z Zzdissioner SJSIIh tabGrassCuts gboh - vw narnet 200$ ISLAM SHAH 7AHURUL gbad_bill ares_addri 28251 16410 84Th AVE gboh fb loc Balance 2008 84 GROUP INC 2008 28018 210 ELLICOTT SQUARE HERTEL 2005 VACANT LOT GRASS CUTTING ON 8!20/07 364 FULTONOVACANT LOT GRASS CUT ON 6/20108 $ 230.00 MONGRAW SARAH & GIRARD VIOLA 2009 HOYT ROBERT R & CHRISTINE A 29017 256 BRISTOL ST 254 BRISTOL VACANT LOT CUTTING ON 6!20108 s S 210.00 .110.00 2008 EZEKWUECH CHRISTIAN & CHIE80NAM 29018 158 COIT ST 29019 111 WESLEY AVE CT 2009 ROUNDS JOHNNY 29020 1 83 GIBSON 147 DETROIT, BUFFALO NY VACANT LOT CUTTING ON 6120108 $ 210.00 1.10.E 2009 MALONEY MICHAEL . 29021 271 HUNTINGTON AVE 209 DETROIT VACANT LOT CUTTING ON 6120/05 215 DETROIT VACANT LOT CUTTING ON 6120/05 2009 WILLIAMS ROBERT L NEPHEW 2009 NEPHEW GLORIA J 29022 251 TOWNSEND ST 29024 49 M O RD 253 DETROIT VACANT LOT CUT ON 6120108 $ $ '210.00 1 210.00 2009 FOLMAR WILLIE R & CAROLYN HALL 2009. 29025 PO BOX 72 47 7 381 FULTON VACANT LOT CUT ON 80201108 287 PECKHAM BUFFALO NY VACANT LOT CUT ON 6120108 $ 210.00 LIFEWORKS MANAGEMENT GROUP 2009 TEMPI E KATHERINE 29028 132 WEST 12157 Sr SUITE 1 , 591 SMITH. BUFFALO NY VACANT LOT CUT ON 6120/06 $ $ 1110.00 2009 MACK DONALD J & ELAINE M 29027 5000 TOWN CENTER APT 606 29026 16 IRONWOOD CT 821 WITH. BUFFALO NY VACANT LOT CUT ON 8/20108 s 210.00 210.00 2009 PICHETTE THOMAS M & MARY A 29029 255 SOUTH MEADOW DR 27 GIBBON VACANT LOT CUT ON WLOT 38 GIBSON VACANT LOT CUT ON.21008 s 210.00 2009 HARWELL JAMES L 2009 BUCHANAN CALVIN A 29030 39 JOHN PAUL CT 83 GIBBON VACANT LOT CUT ON 6121!08 s $ 210.00 2009 RICCIONE JOHN 29091 6372 WEST MAIN RD *LOWER 71 GIBSON, BUFFALO NY VACANT LOT CUT ON 6121108 s 290.00 (110.00 2009 MCHUGH MICHAEL 29032 313 LONGNECKER 29033 10335 CLARENCE CENTER RD 182 TOWNSEND VACANT LOT CUT ON e/2t1o5 192 TOWNSEND VACANT LOT CUT ON 8121106 2009 JE ZIORO IRENE 2009 RUSSELL PAULINE 29034 120 MOORMAN DR APT #136 29035 875 CLARK ST 206 TOWNSEND VACANT LOT CUT ON 8121106 s 3 3 210.00 2! 10.00 2009 JOHNSON MICHAEL 29037 71 EAST WOODLAWN 215 TOWNSEND VACANT LOT CUT ON 8121108 23S WILSON VACANT LOT CUT ON 8121 Me 2 10.00 2009 RANKIN HENRY L & W 2009 LEWIS JEFFREY 29054 34 T IKON ST 364 GOODYEAR VACANT LOT GRASS CUT ON 6110108 s S 210.00 210.00 2 009 !SOME JAMES >B 29056 527 NORTHLAND AVE 29058 334 CROSBY BLVD 225 GOODYEAR VACANT LOT GRASS CUT ON 5/12168 s :!10.00 2009 TOBIN ALEXANDER & W 29059 75 HAVEN ST 367 GOODYEAR VACANT LOT GRASS CUT ON 6112108 17 HOWLETT VACANT LOT GRASS CUT ON 8112108 $ 210.00 2008 OMDAHL CARRIE A 29080 PO BOX 19732 19 HOWLETT. BUFFALO NY VACANT LOT GRASS CUT ON 8117106 $ 210.00 2009 MANN MICHAEL B 2009 CITY MISSION SOCIETY INC 29081 18 WOHLERS AVE 29082 100 EAST TUPPER ST 55 ROHR VACANT LOT GRASS CUT ON 8112108 $ $ 210.00 2009 DOVE ,BRUCE 29063 378 URBAN ST APT 204 48 RUHLAND VACANT LOT GRASS CUT ON 6012/08 156 WALDEN VACANT LOT GRASS CUT ON 6/12106 s '210.00 2009 JONES RODNEY 2009 GPM114A JOSEPH "29084 287 CARLTON 85 BARTHEL VACANT LOT GRASS CUT ON 6/13108 3 3 110,00 !!10.00 2009 PETERS CLARENCE 29085 9 PARKSIDE DR 29086 55 FIELMONT PKWY 38 HOWLETT VACANT LOT GRASS CUT ON 8113108 $ 2009 W00O JERRY 29087 528 CAMBRIDGE 39 WASMUTH BUFFALO, NY VACANT LOT GRASS CUT ON 6/13MB 50 WASMUTH VACANT LOT GRASS CUT ON 6113/08 s 210.00 210.00 2009 YWCA 2009 130YLAND TOBIAS W 29068 190 FRANKLIN ST 29089 29 PENFIELD ST 57 IVY VACANT LOT GRASS CUT ON 8118!08 s 3 210.00' ,1.10.00 2009 POST JOHN L JR 2009 29070 371 JAMISON RD PO BOX 325 76 NY VACANT LOT GRASS CUT ON 6118108 , 105 IVY BUFFALO, NY VACANT LOT GRASS CUT ON 5118108 s 210.00 ARRINGTON SHARON 2009 HAMILTON MARGARET 29071 116 DAVIDSON 52 IVY, BUFFALO, NY VACANT LOT GRASS CUT ON 8117108 3 s 110.OD r s 10.00 2009 RENFROE ROBERT 29072 47 STEVENS AVE 29017 334 LEROY 194 MILLER VACANT LOT GRASS CUT ON 8117108 s 210.00 2009 ARl H LAWRENCE & CYNTHIA A 2009 29078 729 BORDEN RD 390 GOODYEAR VACANT LOT GRASS CUT ON 8110105 234 GOODYEAR VACANT LOT GRASS CUT ON 8112a s :110.00 CAMPBELL GEORGE CALVIN & SANDRA V 2009 T 29060 397-GOODYEAR 29081 54 HUNTLEY 395 GOODYEAR VACANT LOT GRASS CUT ON 8/12108 s $' 210.00 0'.10.0!0 PR 2009 TLIM PROPERTIES INC 2009 JACKSON VTVIAN D 29054 20085 WARDELL RD 404 GOODYEAR VACANT LOT GRASS CUT ON 511.2/08 41 BARTHEL, BFLO NY, CUT ON 6119108; 73 BARTHEL, BFLO. NY & 75 BARTHEL, 2009 AURORA DISCOUNT 73R 1; SALES INC 29086 24 BARTHEL ST 29687 202 WALDEN AVE 29 WASMUTH VACANT LOT GRASS CUT ON 5173105 5FLO N s s 630.00 210.00 2009 BARNES LANELL, FRANCINE BARNES 29088 8808 PAINTER TER 44 WASMUTH VACANT LOT GRASS CUT ON 6113108 S 270.00 2009 W ERLY MOLUS R 29089 204.206 PERSON ST 112 BARTHEL, BUFFALO NY VACANT LOT GRASS CUT ON 8116108 5 214.D0 2 009 H TARTY F1T2HUGH L &SARA 29090 375 URBAN ST 80 NY VACANT LOT GRASS CUT ON 6118108 184 MOSELLE VACANT LOT GRASS CUT ON 6/t71o8 $ 210.00 2009 BAYVIEW PROPERTY MANAGEMENT CORF 2009 ABUHAFu1ARA HANi 29092 518 WILLIAM FLOYD PKWY 122 OBERLIN, BUFFALO NY VACANT LOT GRASS CUT ON 8017108 $ $ 270.rf0 2009 EVERETT R BELLEL IN TRUST FOR 29093 1507 FILLMORE AVE 29094 128 CORNWALL 695 EAST FERRY VACANT LOT GRASS CUT ON 8 129/08 $ 10.00 210.00 2009 SHROPSHIRE VALERIE C 29098 263 LEMON ST 1094 EAST FERRY VACANT LOT GRASS CUT ON 8129105 S 210.00 259 LEMON VACANT LOT GRASS CUT ON 711108 $ :.10.100 TOTAL s 11„150,00 Pap 1 'a Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 21, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to abate the invoices, as attached to the communication, from miscellaneous accounts receivable and that the Commissioner of Assessment and Taxation places the charges on the Local tax rolls. Passed. 9 sl r l l 7'AB;nXiv (A%vp601mswo3 dlranvl9c 10 -28 a.doc *AYE* NO * DAVIS FONTANA o FRANCZYK GOLDMBEK .KEARNS LOCURM 'RIVERA SMITH ------------- [MAJ- 5] 9 O: [2/3 - 6] * [3/4 - 7] ` SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL..: DATE: 10 -22 -08 FROM: DEPARTMENT: Public Works, Parks & Streets SUBJECT: [:NY Route 33 Pedestrian Bridge Lighting PRIOR COUNCIL REFERENCE: (IF ANY) Ex. iltem No. xxx C.C.P. xxlxxlxx NIA The New York State Department of Transportation ( NYSDOT) is in the process of replacing a pedestrian bridge over Route 33, the Kensington Expressway. As part of the project, NYSDOT is proposing to install lighting along the approaches of said pedestrian bridge. The city would be responsible for the maintenance, repair and energizing of the lighting system. NYSDOT requires a Common Council Resolution (sample copy attached) agreeing to these terms. Upon filing of the resolution, the city will enter into a formal agreement with NYSDOT. The Department of Public Works, Parks and Streets has reviewed this proposal and has no objection. All information has also been forwarded to the law department for review and approval. RECE AND FILE SIGNATURE DEPARTMENT HEAD NAME: TLTL_E: cc: Law Department Steven J. Stepniak Peter J. Merlo Michael G. Murphy Commissioner of Public Works, Parks & Streets 11 � -i Resolution to Maintain fthway Lighting Resolution of the Common Council of the MUNICIPALITY (Local Legislative Body) of City of Buffalo Agreeing to Maintain, Repair and Energize a Highway Lighting System on or along State Highway /Arterial /Interstate within the geographical jurisdiction of the MUNICIPALITY, such highway identified as Pedestrian Bride over NY Route 33 Kensington Expressways PIN 55.1.2.43 County of Erie WHEREAS, the State of New York Department of Transportation proposes to construct a _ State HighwaylArterial /Interstate identified as P edestrian , Br idge over NY Route 33, ., Kensington Expressway, PIN 5512.43 County of Erie within the geographical jurisdiction of the MUNICIPALITY of City of Buffalo and" WHEREAS, the MUNICIPALITY of City of Buffa approves of such project and desires to have a highway lighting system on such highway within its geographical jurisdiction, and WHEREAS, the State of New York has agreed to provide as a part of the project the following items in connection with a street lighting system: Underground duct system., including conduits, pull boxes, hand holes and drainage pockets. 2. Ducts, pull boxes and anchor bolts on structures. 3. Foundation for light standards.. g ( p y„ t h e Q y of Buffalo 4. Lig standards to a p b t„ 5. Luminaires Ito be-1) royided by National Grid) wiring switches and ballasts and all other components necessary to complete the lighting system, provided that the MUNICIPALITY of City of Buffalo agrees to maintain, repair and energize such highway lighting system for a period of 10 years or until such time as the COMMISSIONER, in his discretion determines that such lighting and /or the maintenance of such lighting system is no longer necessary for such Highway /Arterial /Interstate. NOW, THEREFORE, THE Common Council duly convened, does (Legislative Body) hereby RESOLVE, the MUNICIPALITY of City of Buffalo approves of the above - subject project; and it is hereby further RESOLVED, that the MUNICIPALITY of City of Buffalo shall maintain, repair and energize such highway lighting system, and it is hereby further RESOLVED, hereby authorizes the that the . Common Council of the MUNICIPALITY (Legislative Body) of the MUNICIPALITY of (Mayor) City of Buffalo to eater into and execute an Agreement with the State of New York and through the Commissioner of Transportation to commit the MUNICIPALITY of City of Buffalo to maintain, at its own expense, the lighting system on the above — identified project, such agreement to provide that the maintenance shall include the repair and replacement of equipment and the furnishing of electric current for the lighting system, and it is hereby further BE IT FURTHER RESOLVED: that the Clerk of this (Governing Body) is hereby directed to transmit five (S) certified copies of the foregoing resolution to the State Department of Transportation. #2 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL, TO: THE COMMON COUNCIL DATE: October 23, 2008 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx, C.C.P. xx/xx /xx Engineering SUBJECT: : Ohio Street Lift Bridge j: Replacement of the South [: Approach Span Deck [: Repair Contract I have advertised on October 8, 2008 and received bids on October 22, 2008 for the Ohio Street Lift Bridge Deck Repair Contract. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. The following bids were received: Contractor Base Bid Total Award UCC Construction $197,650.00 $217,415.00 105 Center Rd., P.O. Box 648 West Seneca, NY 14224 Donald J. Braasch, Inc. $232,200.00 $255,420.00" 1661 Lakeview Rd. Lakeview, NY 14085 Oakgrove Construction $237,237.00 $260,960.70 P.O. Box 103 Elma, NY 14059 "Insufficient Bonds I hereby certify that the lowest responsible bidder for the above project is UCC Construction and respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to Account 31310606- 445100 in an amount not to exceed $1 97,650 , plus a 10% unit price increase for an additional amount of $ 19,765.00 for a total award of $ 217 4 15.00 The Engineer's Estimate for this work is $200,000,00. The above is certified to be a true and accurate statement of the bids received. Under General Municipal Law any bidder may withdraw his bid if the award of this contract is not made by December 5, 2008. Individual bid submissions are available in our office for inspection and copies are available upon request. PJ.M: J DI3: DJ P CC: Charles A. Masi TYPE DEPARTMENT HF?AD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer Department of Public Works, Parks & Streets t..� SIGNATURE; OF DEPARTMENT HEAD: +MR 5SIAL 7 TOE LLAy SLAB WITH OF EOSTING AK ZONE TRA DIVISION OF ENGINEERING REPLACEMENT OF THE SOUTH APPROACH SPAN DECK AT THE OHIO STREET LIFT 5RIOGE Bit) TABULATION ITEM DESCRIPTION IAZAROEllt9 WkST£60k1 11UhRNOi35 CONCRETE 1ALTOVERLAY, CONCRETE ;RAt WEARING SURFACE- BOTTOM RE(1Q fc (fNClUD1NG FS?RALT O>SRLAY) L UNIT CY TON TON SY lF LS LS LS LS LS ESTIMATED QUANTITY Z2 06 r 15 125 t 1 t 1 ! ! ENGINEERS ESTIMATE ESTIMATED UNIT PRICE AMOUNT S95.Op 52096.00 $95.QIO $3,4KDO $i50,Q0 $35600 535.00 5525.10 St5.00 6!,675.90 $145,9C4,[o 5115,006.00 597,000.90 537.000,00 539.200.00 $39,ZW4p 52.000.00 52,00605 S15,000.00 315,000.00 S2,C00.07 $2.00006 520,076.U'} 520.90200 UCC CONSTRUCTORS, INC ESTIMATED UNkT PRICE AMOUNT $1$D90 33520.00 Selo $2,856,00 SSC9,09 sum Do 520.00 s300A0 $2DC $25000 $96.OD0.Of1 $66.05.90. E7609kO0 540,L00.90 E15,C90,0O $15,000.90 52,000.00 SZOODA9 58.OL9.03 S8 03.00 31200000 $t,000.4O 57,5wm $7.500.:0 S2O,i.90. $20,00000 DONALD J. BRAASCH CONST., INC. ESTIMATED UNIT PRICE AMOUNT 5100.60 $2,200.90 $2 59,000.00 $750.00 s1,69C.LL 3200.00 53.007.00 St200 $1.500.06 m ,. $10,090.90 0 522,000,00 58,065.00 5$5.00090 52.000.00 58,00.7.00 520.000.96 DAKGROVE CONSTRUCTION, INC UNIT PRICE ESTIMATED AMOUNT 53507 S770,00 Do 52,940.00 $3CQ.p9 $60000 ES5.00 6750.00 $SD3 5825,9D $3ZAOD.00 $32,000 $12AW00 $1Z.000.00 SSMO..00 $5000.00 $K0XD9 534,000.00 $5,000.00 $5,DD0.00 $70,lX,Y1.W $20.00000 NICHOLS LONG E MOORS CONSTR. COPR UNIT PRICE ES TIMAT'EL1 AMOUNT 5307.09 58.800,-0➢ $150.00 U400 - 00 S25O.00 $500.90 $25,^5 5315.00 512.00 $1,599M. $75,600.00 $15,006.00 $95,500.00 539,50000 $&.500 00 $S.SW,E>,1 $7.KOAO $750000 S5.o00.00 S2C,WO.00 520,090200 EDBAUER CONST UNIT PRICE ESTIMATE[ AMOUNT $106.96 52.290.00 S23G.00 57,299.00 5200,00 5400,60 550.9v 5750,00 55,x3 3'56.00 5110.000.00 $414070.90 E55iS $ LS S29,m6.c6 E20,00O300 BID TOTAL = ss96,�49.ao 5$9r,650.00 $232,200.00 1 $237 „237.09 $3262 ,876.00 $398,300.00 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 23, 2008, be received and filed; and That the Com>nis,sioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Ohio Street Lift Bridge Deck Repair Contract, to UCC Construction, the lowest responsible bidder, in an amount not to exceed $197,650 plus a 10% unit price increase for an additional amount of $19,765.00 for a total award of $217,415.00. Funds for the project are available in Account 30310506- 445100. Passed. 11 TAIL nv t A-,vp60 \mswordlrmv11 1 c l D- 28a.doe �l�I�t W U A •a Pei �l�I�t #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL., DATE: October 21, 2008 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [Permission to Enter into Agreement [With NYSDOT and Provide Matching Funds [Genesee Street Deconstruction Route 62 [PIN 5755.56 [Lovejoy District PRIOR COUNCIL, .REFERENCE: (IF ANY) Ex. ([tern No. 22, C.C.P. 3/18/03) Permission is requested from your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary agreements with New York State Department of Transportation (NYSDOT) to administer Design, Right -of Way Incidentals, Right -of- Acquisition, Construction and Construction Inspection phases of the reconstruction of the Genesee Street frorn Bailey Avenue to Buffalo East City line Project. In addition, permission is requested for the City of Buffalo to pay in the First instance 100% of the Federal and Non - Federal share of the project costs. Total costs of the project including Right -of -way incidental, Right -of= way Acquisition, Construction and Construction Inspection is $ $,375,870. The Non - Federal share of the project (20 %) is $ 1,716,000. Also permission is requested in the event the amount required to pay in first instance for 100% of federal and Non - federal share for all the phases exceeded amount appropriated, $ 1,71.6,000 and /or $ 8,375,870, the City will appropriate said excess amount upon the notification by New York State Department of Transportation. share. The Non - Federal share of 20% is including New York State Marchisel[i Aid fund and City of Buffalo's The City's share is currently estimated at $ 466,293 and is available in our Capital Account for the Local Match Reserve. DEPAR'T'MENT HEAD NAME: "TITLE: SIGNATURE OF DEPARTMENT 14 AD: Cc: Seyed Ghaseini, P.E. Peter J. Merlo, P.E. City Engineer i t t Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 21, 2008 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all Necessary agreements with New York State Department of Transportation to administer Design, Right -of -Way Incidentals, Right- of- Acquistion, Construction and Construction Inspection phases of reconstruction of the Genesee Street from Bailey Avenue to Buffalo East City line Project PIN 5755.56. The City's share is currently estimated at $466,293 and is available in the Capital Account for the Local Match Reserve. Passed, 12 TAB:rmv T:lwp60\mswordlrmv\ l 2c 10-28 a.doc - -- . -_ - - -r -I '[MAY- 51 * 9 0 . [ 2J3 - 61 [3/4 - 71 #3 (Rev 1 -02) 91 ill ()1,.1 Certificate of Appointment C' 'f In compliance with provisions of Section 24 -2 of the Charter acrd Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the I Inman Resources /Civil Service for the Appointment Effective: 101 ) c in the Department of Public Works Division of Street to the Position of Truck Driver Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non- Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) PROVISIONAL APPOINTMENT MAXIMUM (Enter Starting Salary) : Starting Salary of $30,793 LAST JOB TITLE Caulkit NAME Gitiseppe A. Buscaglia LAST DEPARTMENT DPW DATE 10108 ADDRESS 18 Dakota St. LAST SALARY $33,731 CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX - XX - 4261 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 52002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ, 411001 PROJ. ID PERSONNEL_ REQ. NO 2007 -222 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. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 10/20/08 s� SIGNATURE OF APPOINTING AUTHORITY: URIGINAL + :i UGHIL6 I U: l l I Y [ Lk UrlltsLt AFf -UIN 11vkCN 1 UA 3 C OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE( 43 (Rev 1 -02) If 17 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 ccrtitied or approved by the Human Resources /Civil Service for the Appointment Effective: <1A X0 o` in the Department of Public Works Division of to the Position of Streets Truck Driver Permanent, Provisional, Temporary, Seasonal (insert one) PROVISIONAL Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) SECOND STEP (Enter Starting Salary) : Starting Salary of $28,429 LAST JOB TITLE Truck Driver NAME Clayton Reed LAST DEPARTMENT DPW DATE 2/08 ADDRESS 161 Dundee St. LAST SALARY CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN, XXX -X - 6585 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN XXX -XX- NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 52002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -024 SALARY RANGE OF POSITION $27,646- $30,793 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: At the time of Mr. Reed's resignation he was step 2 pay - Mr. Reed has returned within one year & is intitled to appointment at step 2 pay. NAME OF APPOINTING AUTHORITY: _Steven J. Stepniak TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: /100 7/08 SIGNATURE OF APPOINTING AUTHORITY: - ORIGINAL + 3 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYE 4 � FROM THE COMMISSIONER OF POLICE Oct 28, 2008 , SINGLE PAG COMMUNICATION TO THE COMMON COUNCIL � TO: THE COMMON COUNCIL: DA'Z`E: October 21 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT" PRIOR COUNCIL RE'FERE'NCE: (IF ANY) Ex. ( Item No. xx.x, C.C.P. xxlx.xlxx TEXT: (_ TYPE SINGLE SPACE BELOW Change order for Contract #93000079 Citywide Surveillance Camera Project. I hereby submit to Your Honorable Body the following changes for the Citywide Surveillance Camera Project, Contract #93000079: Johnson Controls to provide power to two (2) camera poles utilizing underground cabling, stainless steel installation to meet City of Buffalo Preservation Board requirements for mounting of micro wave antennas, back haul antennas and other equipment at various locations, provide wiring for 2417 power as required on poles, and provide power to three (3) other camera poles utilizing overhead wiring. The foregoing changes result in a net increase in the contract of $41,064.00 Summary: Current contract amount $3,265,714.00 Amount of this change order ( #5) $ 41,064.00 Revised contract amount $3,306,778.00 Costs have been reviewed by the Department of Police, Planning and Analysis unit and were found to be fair and equitable. Funds for this work are being provided through State Efficiency Funds in account #24310517-474100. If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879 or Captain Mark Makowski at 851-5643. Thank you in advance for your cooperation and expediency in addressing this matter. HMG1jws TYPE DF'PAR "TMF.,N'T HEAD NAME. H. MCCARTHY GIPSON TYPE TITLE: (`OMMISSIONE.R OF POLICE SIG OF DEPARTMENT MEAD ` �. i Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 21, 2008, be received and filed; and. That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 5, an increase in the amount of $41,064.00, as more fully described in the above communication, for work relating to Citywide Surveillance Camera Project, Contract ##93000079. Funds for this project are being provided through State Efficiency Funds in account #24310517 - 474100. Passed 15 TAB:rmv tAwp60tmswordl mM15c10- 28a.doc � � � � f�F� � &+� � � f � m S PAG Ct "1'O: THE CO1vMON COUNCIL: DXFE: FROM: DEPARTMENT: DIVISION: )MMUNICATION TO THE COMMON COUNCIL t OCTOBER 15, 2008 ' POLICE SUBJECT: I : Drug Asset Forfeiture Wire T ransfers PRIOR COUNCIL REFERENCE: (IF ANY) I :item No. 104, C.C.P. 212/88 Ex. ( Ite_m No, xxx�C.C.P. xx/xx /xx TEXT: ( TYPE SINGLE SPACE BELOW 07 -DEA- 483138 C2 -07 -0078 1,314.07 08 -DIsA- 493543 C2 -08 -0029 3,056.89 08- DEA- 493969 C2 -08 -0032 4,154.89 08 DEA - 495418 C2 -08-0053 1,510.69 08 -DEA- 496854 C2 -08 -0072 1,930.09 08 -DEA- 496487 C2 -08 -0067 1,183.09 08 -DEA- 497888 C2 -08 -0086 2,284.88 08- DEA - 497146 C2 -08 -0075 819.27 08- DEA - 499216 C2 -08 -0095 2,200.69 08- DEA - 497463 C2 -08 -0078 1,455.49 08- DEA - 497918 C2 -07 -0087 1,63198 08- DEA - 499450 C2 -08 -0098 2,321.29 08- DEA - 498811 C2 -08 -0092 2,954.89 08- DEA - 499890 C2 -08 -0100 2,726.89 08- DEA - 497916 C2 -07 -0087 2,588.84 08- DEA - 499897 C2 -08 -0102 5,516.89 (15% SAFF) 08- DEA - 497146 C2 -08 -0075 153.80 (15% SAFF) TOTAL $37,804.63 The Drug Imforcemcnt Administration (DEA) and /or U.S. Customs has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, /120010000- 389001. 15% of these funds have been deposited into SAFF account 10360 for fulfilling year 3 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. I)J R/j ws RECE AND HLED TYPI DEPARTMENT HEAD NAME: CHIEF DENNIS J. RICHARDS TYPE TITLE: S IGNA'T'URE OF :DEPARTMENT HEAD CHIEF OF INVESTIGATIVE SERVICES 10/15/2008 12:47 CITY OF BUFFALO ges6 SCHEDULE OF DEPARTMENT PAYMENTS TO TREASURER REF 4: DEPT /LOC: POLICE RECEIPT DESCRIP'T'ION /REFERENCE 1228828 DRUG ASSET FORF * * ** RECEIPT TOTAL DATE: Oct. 15, 2008 ACCOUNT 07DEA 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 389001 389001 389001 389001 389001 389001 389001 389003. 389001 389001 389002 389001 389001 389001 389001 389001 10360 389001 10360 37,804.63 TOTAL COLLECTED /TURNED OVER: 37,804.63 REPRESENTING COLLEC ION FROM: 10/15/2008 TO 10/15/2008 PG 1 ardptpmt AMOUNT 1,314.07 3,056.89 4,154.89 1,510.69 1,930.09 1,183.09 2,284.88 819.27 2,200.69 1,455.49 1,631.98 2,321,29 2,954.89 2,726,89 2,588.84 5,516.89 153.80 REF #: /LOC POLICE DATE: Oct. 15, 2008 SIGNATURE: -� A/ TITLE: t f�\ f y DEPARTMENT SUMMARY ACCOUNT DESCRIPTION r AMOUNT 20010000 389001 DEA 20010000 389001 10360; PROP MISC REVENUE 32,133.94 IDEA PROP SAFF YR3 RV MISC RV { �.' i. 5,670.69 �p c 10/15/2008 12 :47 SeS6 ACCOUNT CITY OF BUFFALO SCHEDULE OF DEPARTMENT PAYMENTS TO TREASURER REPORT SUKKARY DESCRIPTION 20010000 389001 DEA PROP MISC REVENUE 20010000 389001 10360 DEA PROP SAFF YR3 RV MISC RV {PG 2 ardptpmt AMOUNT 32,133.94 5,670.69 ** END OF REPORT - Generated by stanchak john ** 10/15/2008 12:46:40 PAYMENTS PROOF CLERK: ges6 BATCH:6492 BATCH ENTRY DATE: 10/15/2008 PAGE 1 areshrct RECEIPT YEAR BILL TYPE LINE CHARGE DESCRIPTION CATEGORY PRIM PAID CUST 4 NAME PROPERTY CODE E TOTAL PAYMENT -- ---- - ------ -- --------------- PRIM AD.T INT PAID TNT HELD DISC AMT 1228828 2009 MS- MISC CASH RECEIPTS CUSTOMER - -- - -- ------ - - - - -- ---------------- ..RENCE ..___ PROPERTY LOC: 37,804.63 1 20DUNC 20 20010000 DEA MSC 37,804.63 389001 CASH ACCOUNT: 20000000 101000 20010000 389001 1,314.07 3,056.89 DESC: DESC: DRUG DRUG ASSET ASSET FORF FORF REF1: 07DEA83138 REF2: C2 -07 -0078 20010000 389001 4,154.89 DESC: DRUG ASSET FORF REF1: 08DEA93543 REF2: C2 -08 -0029 20010000 389001 1,510.69 DESC: DRUG ASSET FORF REF1: 48DEA93969 REF2: C2 -08 -0032 20010000 389001 1,930.09 DESC: DRUG ASSET FORF REFI: 08DEA95418 REF2: C2 -08 -0053 20010000 389001 1,183.09 DESC: DRUG ASSET FORF REF1: OSDEA96854 REF2: C2 -08 -0072 20010000 389001 2,284.88 DESC: DRUG ASSET FORF REF1: 08DEAD6487 REF2: C2 -08 -0067 20010004 389001 819.27 DESC: DRUG ASSET FORF REF1: 08DRA97888 REF2: C2 -08 -0086 20010000 389001 2,200.69 DESC: DRUG ASSET FORF REF1: 08DEA97146 REF2; C2 -08 -0075 20010000 389001 1,455.49 DESC: DRUG ASSET FORF REF1: 081)EA99216 REF2: C2 -08 -0095 20010000 389001 1,631.98 DESC: DRUG ASSET FORF REF1: REF1: 08DEA97463 REF2: C2 -08 -0078 20010000 389001 2,321.29 DESC: DRUG ASSET FORF 08DEA97918 REF2: C2-07 -0087 20010000 389001 2,954.89 DESC: DRUG ASSET FORF REF1: 08DEA99450 REF2: C2 -08 -0098 20010000 389001 2,726.89 DESC: DRUG ASSET FORF REF1: 08DEA98811 REF2: C2 -08 -0092 20010000 389001 2,588.84 DESC: DRUG ASSET FORF REF1: OSDEA99890 REF2: C2 -08 -0100 20010000 389041 10360 5,516.89 DESC: 15% SAFF YR3 REF1: 08DEA97916 REF2: C2 -07 -0087 20010000 389001 10360 153.80 DESC: 15% SAFF YR3 REF1: OBDEA99897 REF2: C2 -08 -0102 1 BANK XFER 1 37,804.63 CHECK /REF4: REF1: ADD'L REF4; 08DEA97146 REF2: C2 -08 -0075 TOTAL RECEIPTS 1 TOTAL PAYMENTS 37,804.63 TOTAL PRINCIPAL PAID .00 TOTAL PRINCIPAL ADJUSTED .00 TOTAL INTEREST PAID .00 TOTAL INTEREST HELD .00 TOTAL DISCOUNT AMOUNT .00 C New York State Division Of Criminal Justice Services ASSETS FORFEITURE REPORTING PROGRAM STATE OF NEW YORK ) AFFIDAVIT pursuant to Civil Practice Law and ss: Rules 1311(11)(c) COUNTY OF ERIE } I, CHIEF= DENNIS RICHARDS , as (claiming agent) (claiming authority), being duly (Name) sworn, depose and state that.on 08/28,09/16,09/26 & 09/29/2008 the BUFFALO POLICE DEPARTMENT (Date) received WIRE TRANSFERS having an estimated present value of $ (check, vehicle, personal properly, etc.) (Agency) 37 ,8 0 4. 63 (Amount) pursuant to chapter thirteen of Food and Drug Laws (21 U.S.C. , 801 et seq.) of the United States and/or chapter four of the Customs Duties Laws (19 U.S.C. 11301 et seq.) of the United States and/or chapter 96 of the Crimes and Criminal Procedure Laws (18 U.S.C. 1 1961 et seq.) of the United States. �. DATE: 10/15/2008 signature CHIEF OF INVESTIGATIVE SERVICES Title On the I ; ( h day of C A T -� � in the year � () O o , before me personally came (Day) (Month) (Year) I _ to me known, who, being by me duly sworn, depose and say (Name) _.. that s /6e is employed by the ( } �: ` � _�; l l 4 and that s" e� ' (Agency) was authorized by and did execute the above affidavit at the direction of said entity and that s/ oe signed her/ is ame thereto. �; � � / �m- MAUREEN A.OAKLEY Notary Public, State 'of New Yor Notary Public Cdttallfled In Erie Con AI My Coma Wfon Explres Mail to; NYS Division of Criminal Justice Services Assets Forfeiture Reporting Program Office of Public Safety 4 Tower Place Albany, NY 12203 COPYR €GHT a 1995 NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES (July 2005) MARYIlDKEA@USD©J.GO To JWSTANCHAK @BPD.CI.BUFFALO.NY.IJS V cc 09/26/2008 11:00 PM bcc Subject AFF Equitable Share Automated'Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 08- DEA- 497918; $9508.00 USC C2 -07 -0087 - 1'7 °s Approved. Payment is in the amount of $1631.98 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 09/26/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEAQUSDOJ.GOV 0'�--fl t 10 MARY.LIDKEA @USD©J.GO TO JWSTANCHAK @BPD.Ci.BUFFALO.NY.US V cc 08/291200811:00 PM b0e Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 07 --DEA 483138; $2403.00 USC C2 - 07 - 0078 - 60% 07- CV- 0592 -S Approved. Payment is in the amount of $1314.07 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 08/28/2008. For additional information or support, please contact: MARY LIDKEA: 715.551.4851 ext.3002 MARY. I.tIDKEA@USDOJ.GOV Date: LJJ LJ-1 L_LJ—LJ Investigative Agency: IDIEIA CaseNumber: C2 -07 -0078 U.S. Department of Justice Application for Transfer of federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) T For Federal Use Only (For, Additional Information -See Instructions) Asset #: 07 — DEA -4 8 3138 Seizure Date: 04/23/07 Judicial District: NYW Case Type: Adoption ® Joint ❑ (Check One) a All assets transferred must be used for the law enforcement purpose stated in the request. • Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO NEW YORK 14202 NCIC Code: N I Y I O 1 1 1 4 1 0 111010 I Contact Person: CHIEF DENNIS RICHARDS Telephone Number: (716) . 851 -4575 _ M. Asset Requested $2, 403.00 U.S. CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item ® Cash / Proceeds 60 % IV, Specific Intended Law Enforcement Use: ❑ Salaries ® Purchase dfEquipment ❑ Purohase of Vehicles ® PIace Into Official Use (If other than Cash) ❑ Other (Please Explain) V. Contributions (If any answer to A thru Bs is yes, provide det'alls in Part VI) Yes No A. Did your agency originate the information leading to the seizure? � ❑ D. Were any other assets seized under state law? C. Were extraordinary expenses incurred? D. Did your agency supply any unique or indispensable assistance? ® ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ F. How many hours were expendedZ2 5 �, hours FORM DAG -71 DEC. 90 n .✓ MARY.LIDKEA @USDOJ.GO To JWSTANCHAK @BPD.C1.BUFFAL0.NY.US V cc 09/16/200811:02 PM bce Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U-S. Marshals Service, District of W/NEW YORK has made an Equitable Sharing payment related to CAT'S ID1# 08- DEA- 493543; $5170.00 USC C2 -08 -0029 - 6OW Approved. Payment is in the amount of $3056.89 to BUFFALO POLICE DEPARTMENT, wire transferred to your account an 09/16/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEA @USDOd.GOV Date: K I W I I_ I I. 1 Investigative Agency: JDJEJA Case Number: C2 -08 -0029 U.S. Department of Justice Application for Transfer of Federally forfeited Property (For Use By United States Lary Enforcement Agencies Only) I. For Federal Use Only (For Additional Information -See Instructions) • All assets transferred must be used for the law enforcement purpose stated in the request. Asset #: 0 B -DEA- 4 9354 3 Judicial District: NYW 0 Deadline for submission of this request is sixty (60) days following the seizure. Case Type: Adoption ❑X Joint ❑ (Check One) r The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single asset case, for reimbursing the federal share. Il. Requesting Agency Name BUFFALO POLICE 'DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO, NEW YORK .14202 NCIC Code: IN I Y 1011 14 10 11101 01 Contact Person: CHIEF DENNIS RICHARDS. Telephone Number: (716) 851 -4575 III. Asset Requested 170 00 U.S. CURRENCY ❑ Other assets in the case. (Attach Cist). . Property Description Request Type ❑ Item © Cash 1 Proceeds 60 % IV. Specific Intended Law Enforcement Use:. ❑ Salaries ❑X Purchase of Equipment ❑ Other (Please Explain) ❑ Purchase of Vehicles ❑ Place'Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? A ❑ B. Were any other assets seized under state law? ❑ FRI C. Were extraordinary expenses incurred?.. ❑ D. Did your agency supply any unique or indispensable assistance? N ❑ E. Are there any g assets located in foreign countries associated with this ease ? El F. How many hours were expended 25 _ hours ; Seizure Date: 12/13/07 FORM DA9-7 t DEC. 90 MARY.L#DKEA @USDOJ.GO To JWSTANCHAK @BPD.CI. BUFFALO, NY. US V cc 09/16/2008 11.02 PM bcC Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW .YORK has made an Equitable Sharing payment related to CATS ID## 08 -DEA- 493969; $15000.00 USC C2 -08 -0032 - 60W 08- CV- 0327 -C Approved. Payment is in the amount of $4154.89 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 09/16/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEA @USDOJ.GOV (f I-3J 1 Date: w U—i L A l Investigative Agency: JDJEJA Case Number: ,.C2 -08 --0032 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) I. For Federal Use Only (For Additional Information - See Instructions) Asset #: 08 —DEA -4 93969 Seizure Date: 12/21/07 Judicial District: .NYW Case Type: Adoption ❑X Joint ❑ ( Check One) a All assets transferred must be used for the law enforcement purpose stated in the request. a Deadline for submission of this request is sixty (60) days following the seizure. a The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. IL Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO, NEW YORK 14202 NCIC Code: N Y 10 1 9 10 1110 10 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: 716 851-4575 III. Asset Requested $ 15 000. 00 U.S. CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item ® Cash f Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries 0 Purchase of Equipment ❑ Other (Please Explain): ❑ Purchase of Vehicles ❑ Place Into Official Use (Ifotherthan Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI). Yes No A. Did your agency originate the information leading to the seizure? 0 ❑ B. Were any other assets scized.under state law? ❑ n C. Were extraordinary expenses incurred? ❑ 0 D. Did your agency supply any unique or indispensable assistance? ❑ E. Are there any assets located in foreign countries associated with this case ?. ❑ M F. Haw many hours were expended 25 hours FORM DAG -71 DEC. 90 MARY.LIDKEA @USDOJ_GO To J WSTANCHAK @8PD.CI.BUFF'AL0.NY.US V cc 09/16/2008 11:02 PM I3cc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 08 --DEA- 495418; $2593.00 USC C2 -08 -0053 - 60% Approved. Payment is in the amount of $1510.69 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 09/16/2008, For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEA@USDOJ.GOV Date: Lj.J W 1 1 I I 1 Investigative Agency: I D I R I A Case Number: C2 -08 -0053 U.S. Department of Justice Application for 'Transfer of Federally Forfeited Property ("For Use By United States Law Enforcement Agencies Only) 1. For Federal Use Only Asset #: 08 -DEA- 9 95 918 Seizure Date: 02/11/08 Judicial District: NYW Case Type: Adoption 0 Joint ❑ (Check One) (For Additional Information -See Instructions) e All assets transferred mist be used for the law enforcement purpose stated in the request. w Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. It. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 79 FRANKLIN STREET BUFFALO NEW YORK 19202 NCIC Code: I N 1 Y 1011 E 010 i Contact Person: CHIEF DENNIS RICHARDS Telephone Number: (71 111, Asset Requested $ 2 593. 00 U.S. CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type _ ❑ Item 0 Cash / Proceeds 60 % M Specific Intended Law Enforcement Use: ❑ Salaries 0 Purchase of Equipment ❑ Oilier (Please Explain): [] Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency origi3iate the information leading to the seizure'? n ❑ B. Were any other assets seized under state law? ❑ 0 C. Were extraordinary expenses incurred? ❑ D. Did your agency supply any unique or indispensable assistance? Q ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ 0 F. How many hours were expended? 25 hours FORM DAG -71 DEC. 90 MARY. L IDKEA @USDOJ.GO To JWSTANCNAK @BPD.C[.BUFPAtO.NY.US V cc 09/16/2008 11:02 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, Distract of W /NEW YORK has made an Equitable Sharing payment related to OATS ID# 08 - DEA - 496854; $3292.00 USC C2 - 0% - 0072 - 60�; Approved. Payment is in the amount of $1930.09 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 09/16/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEA @USDOJ.GOV Date: W W I it J Investigative Agency: IDJEJA Case Number:. C2-08-0072 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) For Federal Use Only (Far Additional Information - See Instructions) I. Asset #: 0 8- DEA-- 4 9 6 8 5 4 Seizure Date: 03/11/08 Judicial District: NYW Case Type: Adoption 0 Joint, ❑ (Check One) 0 All assets transferred must be used for the law enforcement purpose stated in the request. 0 Deadline for submission of this request is sixty (60) days following the seizure. 0 The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single asset case, for reimbursing the federal share. II. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO NEW YORK 14202 NCIC Code: N I Y 10 1114 10 11 10 10 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: (716) 851 --4575 III. Asset Requested $$3, 292. 00 U.S. CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item ® Cash / Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries ❑X Purchase of Equipment ❑ Other (Please Explain) ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate; the information leading to the seizure? ❑ ❑ B. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ 0 D. Did your agency supply any unique or indispensable assistance? 0 ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ 0 F. How many hours were expended 25 hours FORM DAG -7I DEC. 90 (1X'04; MARY. LiDKEA @USDOJ.GO To JWSTANCWAK @l3PD.CI.8UFFAL0.NY.US V CC 09/16/2008 11.02 PM bcc S"bject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 08 -DEA- 496487; $2047.00 USC C2 -06 -0067 - 60W Approved. Payment is in the amount of $1183.09 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 09/16/2008.. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEA @USDOJ.GOV 0 a6 3 Date: W 1 1 _) 1 1 1 _1 1 Investigative Agency: D E A Case Number: C2 -08 -0067 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) I. For Federal Use Only (For Additional Information - See Instructions) Asset #: 0 8 -D EA- 4 9 6 4 8 7 Seizure Date: 03/05/08 Judicial District: NYW Case Type: Adoption 0 Joint ❑ (Check One) 0 All assets transferred must be used for the law enforcement purpose stated in the request. 0 Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. 11. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO NEW YORK 14202 NCIC Code: N Y O 1 4 0 1 0 0 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: 716 851 -4575 III. Asset Requested �$2 , 04 7 .00 U.S. CURRENCY _ _ ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item 0 Cash/ Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries 0 Purchase of Equipment ❑ Other (Please Explain) — ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part ICI) Yes No A. Did your agency originate the information leading to the seizure;? 0 ❑ B. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ D. Did your agency supply any unique or indispensable assistance? ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ 0 F. How many hours were expended? 2 5 hours FORM DAG -7I DEC. 90 MARY.t_I©KEA @USD0J.G0 To JWSTANCHAK @BPD.Cl.BUF1✓AL0.NY.US ' V cc 09/26/2008 11:00 PM bcc SUbject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, Distract of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 08- DEA- 497888; $3920.00 USC C2 -08 -0086 - 60% Approved. Payment is in the amount of $2284.88 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 09/26/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEA@USDOJ.GOV 0 0 0- 11 . �J Date: L1.1 L-Lj I _l l_ I Investigative Agency: IDIEIA Case Number: C2-08 -0086 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Latin Enforcement Agencies Only) I. For Federal Use Only (For Additional Information - see Instructions) Asset #: 0 8— DEA— 4 9 7 8 8 8 Seizure Date: 03/2 Judicial District: NYW Case Type: Adoption ® Joint ❑ (Check One) • All assets transferred must be used for the law enforcement purpose stated in the request. r Deadline for submission of this request is sixty (50) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO NEW YORK 14202 NCIC Code: I N I Y 10 1114 10 111010 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: (716) 851 --4575 111. Asset Rcquested � 3, 920. 0 0 U.S. CURRENCY ^ ❑ Other assets in the case. (Attach fist). Property Description Request Type ❑ Item © Cash I Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries © .Purchase of Equipment ❑ Other (Please Explain) ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A.thru E is yes, provide details in Part TAI) Yes No A. Did your agency originate the information leading to the seizure? 1XI ❑ B. Were any other assets seized under state law? ❑ nX C. Were extraordinary expenses incurred? ❑ D. Did your agency supply any unique or indispensable assistance? 0 ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ M F. How many hours were expended 25 hours FORM DAG -71 DEC. 90 6 5 �4x� MARY. LID KEA@USDOJ.GO To JWSTANCHAK @BPD.CI. BUFFALO. NY. US V cc 09/26/2008 11:00 PM bee Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 08- DEA- 497146; $3419.00 USC C2 -08 -0075 - 30% Approved. Payment is in the amount of $973.07 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 09/26/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEA@USDOJ.GOV `> 3 Date: W L_1.....J I I L I I Investigative Agency: JDJEJA Case Number: C2 -08 --0075 U.S. Department of Justice Application for Transfer of federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) I. For Federal Use Only Asset #: 0 8- DEA- 4 9 714 6 (For Additional Information - See Instructions) • All assets transferred must be used for the law enforcement purpose stated in the request. i Deadline for submission of this request is sixty (60) days following the seizure. . Judicial District: NYW Case Type: Adoption ❑X Joint ❑ (Check One) I • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO—NEW YORK NCIC Code: I N I Y 1 0 1114 10 11 1 0 1 p J Contact Person: CHIEF DENNIS RICHARDS Telephone Number: ( 716) 851-4 III. Asset Requested $3, 419.00 U.S. CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item Cash / Proceeds 30 IV. Specific Intended Law Enforcement Use: ❑ Salaries ❑x Purchase of Equipment ❑ Other (Please Explain) ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? 0 ❑ B. Were any other assets seized under state law? ❑ M C. Were extraordinary expenses incurred? ❑ M D. Did your agency supply any unique or indispensable assistance? 0 ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ 0 F. How many hours were expended' 2 5 hours Seizure Date: 03/14/08 FORM DAG -71 DEC. 90 MARY.LIDKEA @USDOJ.GO To JWSTANCHAK@ B PD.0 LBUFFALO. NY. US { V cc 09/26/200811:00 PM bee Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID## 08 -DEA- 499216; $3743.00 USC C2 -08 -0095 - 60% Approved. Payment is in the amount of $2200.69 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 09/26/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEA@USDOJ.GOV pf -laI Date: L_-Li L -i I I I. Investigative Agency: JDJEJA Case Number: C2 -08 -0095 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) For Federal Use Only I Asset #: 08-- DEA- 4 99216 Seizure Date: 04/24/08 Judicial District: NYW Case Type: Adoption ® Joint ❑ (Check One) (For Additional Information _ See Instructions) • All assets transferred must be used for the law enforcement purpose stated in the request. • Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name: BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO. NEW YORK 14202 NCIC Code: I N I Y 10 1114 LQjLL0L0j Contact Person: CHIEF DENNIS RICHARDS Telephone Number: ( 716) 851-4575 _ _ III. Asset Requested 3 7 4 3.0 0 U . S . CURRENCX [I Other assets in the case. (Attach list). Property Description. Request Type ❑ Item © Cash 1 Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries © Purchase of.Equipment ❑ Other (Please Explain) ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. ' Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the inforniation leading to the seizure? 0 El B. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ 0 D. Did your agency supply any unique or indispensable assistance? FX1 ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ 0 F. How many hours were expended 25 hours FORM DAG -7I DEC. 90 F .r MARY. LIDKEA @USDOJ.GO To JWSTANCHAK @l3PD.C►.l3UFFAL0.NY.US { V cc 09/26/2008 11:00 PM bcc Subject AFF Equitable Share Automated Email. Notification - DO NOT Despond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CAT'S ID# 08- DEA- 497463; $2501.00 USC C2 -08 -0078 - 60% Approved. Payment is in the amount of $1455.49 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 09/26/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEA @USDOO.GOV D 01'15" Date: U—i W I_-L I I Investigative Agency: D E A Case Number: C2-08-0078 U.S. Department of Justice Application for Transfer of Federally forfeited Property (For Use By United States Law Enforcement Agencies Only) For Federal Use Only (For Additional Information - See Instructions) I Asset #: 0 8- DEA-- 4 9 7 4 6 3 Seizure Date: 03/18/08 Judicial District: NYW Case Type; Adoption © Joint ❑ (Check One) • All assets transferred must be used for the law enforcement purpose stated in the request. • Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. 11. Requesting Agency Name: BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO, NEW YORK 14202 NCIC Code: I N 1Y 10 1 114 1 0.11- 1.0.1_0.9 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: 716 851 --4575 III. Asset Requested $2,.501._00 U . S . CURRENCY ❑. Other assets in the case. (Attach list). Property Description Request Type ❑ Item ® Cash/ Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries Purchase of Equipment 0 Other (Please Explain)' ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cush) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? 0 ❑ B. Were any other assets seized under state law? ❑ 5d C. Were extraordinary expenses incurred? ❑ FRI D. Did your agency supply any unique or indispensable assistance? M • ❑ E. Are there any assets located in foreign countries associated with this ease ? ❑ F. How many hours were expended. 2 5 hours FORM DAG-71 DEC. 90 f 'Li ,.r MARY. LIDKEA @USDOJ.GO To JWSTANCHAK @8PD.CL8UFFAL0.NY.US V cc 09/26/2008 11:00 PM bec Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 08- DEA- 499450; $3944.00 USC C2 -08 -0098 - 60% Approved. Payment is in the amount of $2321.29 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 09/26/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY. LIDKEAQUSDOJ.GOV e"o - icsy Date: W W L_.LJ_LJ Investigative Agency: IDJEJA Case Number: C2 -08 -009.8 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) For Federal Use Only (For Additional Information - See Instructions) I. Asset #: 06 -DEA- 4 99 4 50 Seizure Date: 05/01/08 Judicial District: NYW Case Type: Adoption ❑X Joint ❑ (Check One) >wi The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name: BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET s All assets transferred must be used for the law enforcement purpose stated in the request. s Deadline for submission of this request is sixty (60) days following the seizure. BUFFALO NEW YORK 14202 NCIC Code: I N I Y 10 111 4 0 1 0 0 Contact Person: C HIEF DENNIS RICHARDS Telephone Number: (716) III. Asset Requested 944 00 U.S. CURRENCY _ _ _ ❑ Other assets in the case. (Attach fist). Property Description Request Type ❑ Item © Cash / Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries ©. Purchase of Equipment ❑ Other (Please Explain): ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate th€ information leading to the seizure'. 0 ❑ B. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ 0 D. Did your agency supply any unique or indispensable assistance? E. Are there any assets located in foreign countries associated with this case ? ❑ F. How many hours were expended 2 5.— hours FORM DAG -7 t DEC. 90 MARY.LIDKEA @USDOJ.GO To JWSTANCHAK@l3PD.CE.l3UFFAL0.NY.lJS V cc 09/26/2008 11:00 PM bcc Subject AFF Equitable Shure Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID## 08 DEA 498811; $5000.00 USC C2 - 08 - 0092 - 60-C Approved. Payment is in the amount of $2954.89 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 09/26/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEA@USDOJ.GOV t t,�r W.. ..w Date: W L. L._J I I I I[ Investigative Agency: JDJEJA Case Number: C2 -08 -0092 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United Slates Law Enforcement Agencies Only) For Federal Use Only 1. Asset #: 08 -DEA -- 4 9 8 811 Seizure Date: 04/14/08 Judicial District: NYW Case Type: Adoption ❑X Joint ❑ (Check One) II. Requesting Agency Name: BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO NEW YORK 14202 NCIC Code: I N I Y 1 0111410111.0 1.01 Contact Person: CHIEF DENNIS R ICHARD S (For Additional Information - See Instructions) • All assets transferred must be used for the law enforcement purpose stated in the request. • Deadline for submission of this request is sixty (60) days following the seizure. 0 The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. Telephone Number: (716) . 851-4575 - III. Asset Requested $5, 000. 00 U.S. CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item © Cash / Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries Purchase of Equipment ❑ Other (Please Explain), ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? 0 ❑ B. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ 0 D. Did your agency supply any unique or indispensable assistance? 0 ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ 0 F. How many hours were expended 25 hours FORM DAG -71 DEC. 90 osv SS MARY.L[DKEA @USDOJ.G© To JWSTANCHAK @BPD.CI.6UFFAL0.NY.US V cc 09/26/2008 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of WINEW YORK has made an Equitable Sharing payment related to CATS ID# 08 -DEA- 499890; $4620.00 USC C2 -08 -0100 - 60% Approved. Payment is in the amount of $2726.89 to BUFFALO POLICE DEPARTMENT, ware transferred to your account on 09/26/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEA @USDOJ.GOV t C.l 4� - /\7 - 7 Date: W W L._1. --a _Lj Investigative Agency: IDJEJA Case Number: C2 -02J00 U.S. Department of .Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) For Federal Use Only (For Additional Information - See Instructions) Asset #: 08- DEA- 499890 Seizure Date: 05/07/08 • All assets transferred must be used for the law enforcement purpose stated in the request. • Deadline for submission of this request is sixty (60) days following the seizure. Judicial District: NYW Case Type: Adoption Q Joint ❑ (Cheek One) • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name: BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO NEW YORK 14202 NCIC Code: IN I Y 0 1114 10 f 1 10 10 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: (716) 851 -4575 III. Asset Requested $4, 620.00 U.S. CURRENCY ❑ Other assets in the case, (Attach list). Property Description Request Type ❑ Item ® Cash / Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries © Purchase of Equipment ❑ Other (Please Explain): ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V_ Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes Na A. Did your agency originate the information leading to the seizure? 0 ❑ B. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ Q D. Did your agency supply any unique or indispensable assistance? FX1 ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ nx- F. How many hours were expended 25 hours FORM DAG -7 L DHC. 90 I IFrp r ?1 MARY.LIDKEA @USDOJ.GO To JWSTANCHAK @BPD.Cl.BUFFALO.NY.US V cc 09/26/2008 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 08 -DEA -- 493897; $9270.00 USC C2 -08 -0102 - 60% Approved. Payment is in the amount of $5516.89 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 09/26/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEA@USDOJ.GOV aj- 1 , 71 t! � Date: W LIJ I I L I l Investigative Agency: IDJEJA Case Number: C2 -08 -0102 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) I. For Federal Use Only Asset #: 08 -- DEA- 4 9 98 97 Seizure Date: 05/08/08 Judicial District: NYW Case Type: Adoption n Joint ❑ (Check One) (For Additional Information -,See Instructions) • All assets transferred must be used for the law enforcement purpose stated in the request, • Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will b6 responsible for reimbursing the Federal Government its costs and may be responsible, in a single- asset case, for reimbursing the federal share. II. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO NEW YORK 14202 NCIC Code: I N I Y 101 114 10 11 10 1 01 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: (716) 851 -4575 III. Asset Requested �9, 270. 00 U.S. CURRENCY ❑ Other assets in the case. (Attach list). Property Description. Request Type ❑ Item ® Cash / Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries ® Purchase of Equipment ❑ Other (Please Explain): ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? � ❑ B. Were any other assets seized under state law? ❑ � C. Were extraordinary expenses incurred? ❑ R D. Did your agency supply any unique or indispensable assistance? FX1 ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ rX1 F. How many hours were expended - 25__ hours FORM DAG -71 DEC. 90 MARY. LIDKEA @USDOJ.GO TO JWSTANCMAK @BPD.CI.BUFFALO.NY.US " V cc 09/29/2008 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID## 08- DEA- 497916; $15039.00 USC C2 -07 -0087 - 17.3% Approved. Payment is in the amount of $2588.84 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 09/29/2008. j For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEAOUSDOJ.GOV Date: (j.J I 1 2 0 0 18 Investigative Agency: D E I A Case Nurnber: C2 -07 -0087 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) For Federal Use Only (For Additional Information -See Instructions) I. Asset #: 0 8- DEA- 4 9 7 916 Seizure Date: 03/27/08 Judicial District: NYW Case Type: Adoption ❑ Joint © (Check One) • All assets transferred must be used for the law enforcement purpose stated in the request. 0 Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name: BUFFALO POLICE DEPARTMENT Address: 79 FRANKLIN STREET BUFFALO NEW YORK 14202 NCIC Code: IN I Y 10 1114 10 1110 10 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: (716) 851 -4575 -- III. Asset Requested 15 , 039. 0 0 U.S. CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type. .- ❑ Item © Cash / Proceeds 17.3 IV. Specific Intended Law Enforcement Use: ❑ Salaries ® Purchase of Equipment ❑ Other (Please Explain);: ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes. Provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? Li M B. Were any other assets seized under state law? ❑ 0 C. Were extraordinary expenses incurred? ❑ 0 D. Did your agency supply any unique or indispensable assistance? 0 ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ F. How many Hours were expended 300 _ hours FORM DAG -71 DEC. 90 �v FROM THE COMMISSIONER OF FIRE Oct 28, 2009 #€a (Rev 7 -07) Certificate of Appointment In comptiance .,ifh provisions or Section 242 of die Charter and Chapter 35 -1 of the Oniinanw of the City of Buf r transmit this certification of app01 IItmen4:;) or promotion(i) _ 1 further certify that the persons) named is SdiedUle "A" have bueo certified or approved by the Hmnan Rcsvt�rcesiCiv'd Semce for the Appointment Ef Fective in the Department of Division of to the Position Of 101231200£ FIRE FIRE DIVISION CHIEF Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERItr7aANEN Open - Competitive, Promotional, Non - Competitive, (insert one) PROMOTIONA!,, Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ 78,703 LAST JOB TITLE BATTALION CHIEF NAME JOHN MOGAVERO LAST DEPARTMENT FIRE DATE ADDRESS 10050 PINELEDGE DR. WEST LAST SALARY CITY & ZIP CLARENCE, NEW YORK 14031 LAST 4 DIGITS OF SSN. XXX-XX -4194 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 12132001 TITLE CODE NO 2480 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -57 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING, AUTHORITY: MICHAEL LOMBARDO FIRE COMMISSIONER DATE: 10/20/2008 - SIGNA OF APPOINTING AUTHORITY ORIGINAL + 2 COPIES TO' CITY CLERK ONIBEFORE APPOIiJFMENT DATE) OTHER COPIES TO: #3- COMPTROLLET? #4- HUMAN SERVECESlCIVIL SERVICE #5- BUDGPT #6- CIEPARTM 97- 01\ ISION #8- EMPLOYEE(SI e ,,4 (Rev 7 -07) Certificate of Appointment In campli¢nco with yrnvisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinance; of the City of Buffalo_ I tr:msmA this certification of al ointmerrt(s) or aramntion {s). I further certify that the parson(s) nacued in Schedule 'A' ]rave been eeltificd or approved by the lfunFan Res,nnceslC ml Service for the Appointment Ef(cctive: 10/23/2008 in the Department of Division of to the Position of FIRE FIRE BATTALION CHIEF Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open- Competitive, Promotional, Non - Competitive, (Insert one) PROM OTIONA L Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ 71,524 LAST JOB TITLE LAST DEPARTMENT LAST SALARY FIRE CAPTAIN NAME FIRE DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -3886 MARK HILLERY 210 SHARON DRIVE WEST SENECA, NEW YORK 14224 _AST JOB TITLE NAME _AST DEPARTMENT DATE ADDRESS _AST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE 3UDGET ORG. CODE 12132001 TITLE CODE NO 2470 3UDGET ACCT, OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2008 -52 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR 2EASON FOR APPT. ABOVE THE MINIMUM: DAME OF APPOINTING AUTHORITY: MICHAEL LOM13ARDO - ITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER )ATE: 10/20/2008 SIGNATURE OF APPOINTING AUTHORITY: / � r ORIGINAL + 2 COF"IES TO: CITY CLERK OMIBEFORE A POINTMENT PATE OTHER COMES TO: #3- COMPTROLLER #4- HUMAN SL-RVICESICIVIL SERVICE #5- BUDGET #6- QEPARTME #7- DIVISIQN #8- EMPLOYEES} 16 I X,(/ �U 14 (Rev 7 -07) Certificate of Appointment in _-oinohance wth pmvisione of Seceion 24 -2 of the Charter and Chapter 35 -1 of the Ordui&i :es or the City of t3uiTalq I transmit this �ertificwwn of appoattment(s) or uromoi Wr(s). I further certiry that the person(s }rtamcd m Schedule "A nave bean oeniited or approved by tite human Resources /Civil Service for the Appointment Effective: in the Departrncnt of Division of to the Position of FIRE FIRE BATTALION CHIEF Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) �ERPAANENT Open - Competitive, Promotional, Non - Competitive, (Insert one) PROMOTIONAt., Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) Starting Salary of $ 71,524 A.ST!OB TITLE FIRE CAPTAIN NAME PETER KE=RTZIE _AST DEPARTMENT FIRE DATE ADDRESS 32 VIA PINTO DRIVE _AST SALARY CITY & ZIP WILLIAMSVILLE, NEW YORK 14221 LAST 4 DIGITS OF SSN. XXX -XX -9982 -AST JOB TITLE FIRE CAPTAIN NAME STEPHEN KEOHANE -AST DEPARTMENT FIRE DATE ADDRESS 106 EMPRESS AVENUE -AST SALARY CITY & ZIP AMHERST, NEW YORK 14226 LAST 4 DIGITS OF SSN, XXX - XX - 1 192 REFERRED TO THE COMMITTEE ON CIVIL SE=RVICE 3UDGET ORG. CODE 12132001 TITLE CODE NO 2470 3UDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2008 -52 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR ; EASON FOR APPT. ABOVE THE MINIMUM: DAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO - ITLE OF APPOINTING- AUTHORITY: FIRE COMMISSIONER )ATE: 10/201200 L� iIGNRTURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY C ERIS fOWBEFORE APPOINTMENT DATE OTHER COPIES TO: #3- CQMPTROLLER #4- HUMAN SERVICES1ClVIL SERVICE #5- BUDGET 06- DEPARTMENT #7- DIVISION #8- EM PLOYEt iS} es C of Appointment in cnmpliancC 111th provi8ion5 01 14 -2 orthc Charter and Chapter 35 -1 of the Ordinances arthe Cite ol'Buililo, I transmit =,his certification of appointment(s) ar psnm.tior,(>)- I further certify that the persen(s) named in Schedule 'A' have been ceiti(ied or approved Yy the 1 °lunian Rte oureve /Civil Service for Elie Appoinlinent Effective 1€3 12 312 4 0 8 in the Department of FIRE Division of FIRE to the Position of CAPTAIN Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMA Open - Competitive, Promotional, Non - Competitive, (Insert one) PROMOTIONAL,, Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (linter Starting Salary) - Starting Salary of $ 65,597 L AST _Inn Tr1TI E LIEUTE I"1"E N, ME DANIE BOSS1 LAST DEPARTMENT FIRE DATE ADDRESS 5721 COLE ROAD LAST SALARY CITY & ZIP ORCHARD PARK, NEW YORK 14127 LAST 4 DIGITS OF SSN. XXX -XX -49013 LAST JOB TITLE LIEUTENANT NAME TIMOTHY REID LAST DEPARTMENT FIRE DATE ADDRESS 8135 MCKINLEY PARKWAY LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14220 LAST 4 DIGITS OF SSN. XXX - X X - 6382 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2450 BUDGET ACCT. OBJ, 411001 PROJ. ID PERSONNEL REQ. NO 2008 -53 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: VAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO rITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER )ATE: 1012012008 >IGNATURE OF APPOINTING AUTHORITY'' �. ORIGINAL + 2 COPIES TO: CITY CLERK lDN1BEFORE APPDINTMENT QATE) OTHER COPIES TO: #3 COMPTROLLEK #4- HUMAN SERVICES /01VIL SERVICE #5- #6- DEPARTMENT #7- QIV1Sr0N #B- EM PLOYEE(S1 44 (Rev 7 -07) In conspliancu wth provisions of 5ectirnn 33 -2 of the Charter and Chapter 15 -1 of die Ordinances 411le City of Fiofralo, t transmit this eerrification of appoinnrent(s) or promotio¢t(s), t Further certify that the Peremi(s) na wd in s6edule "A' have beca ccrurted or approved by the f l"ntan Service for the Appointment Eticctive: in the 17eparument of Division of to the Position of 10/23/2008 FIRE FIRE CAPTAIN Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, (Insert one) PROMO TIONAL, Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ $5,597 1 AST JOR TIT +._F LIEUTENANT NAMF JEFFREY STAUFFIGER LAST DEPARTMENT FIRE DATE ADDRESS 16 BARTON COURT LAST SALARY CITY & ZIP KENMORE, NEW YORK 14217 LAST 4 DIGITS OF SSN. XXX -XX -8567 LAST JOB TITLE LIEUTENANT NAME PETER LOTOCKI LAST DEPARTMENT FIRE DATE ADDRESS 3452 HEATHERWOOD DRIVE LAST SALARY CITY & ZIP HAMBURG, NEW YORK 14075 LAST 4 DIGITS OF SSN. XXX - XX - 2667 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2450 BUDGET ACCT. OBJ. 411009 PROD. ID PERSONNEL REQ, NO 2008 -53 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 1012012 0 SIGNATURE OF APPOINTING AUTHORITY./ ,-� `� ,,., — pRI GINAL 2 COPIES TO: CITY CLE (ONIBE APPOINTME DATE) OTHER COPIES TG: #3- SQMPTROI_l Eli 94- HUMAN SERVICES/CIVIL SERVICE #5- BUDGkT #6- DEPARTMENT #7- 1SION #A- EMPLO!EM I #4 (Rov 7 -}7) r) Certificate of Appointment In compliance with provist3ns *f Sown ^4 -1 of the Charter and Ch;tgter 3i -I of the Ordinances of the City of IIulTato, I transmit hi certiGcntinn of nppoinrment {s) or oromotion(s). I fur3her certify that the persar.(s) named in Schedule "A" have peen cer, ied or approved by the 'Human ResourecS!Civa Service for the Appointment FlYective: 10/2312008 in the Department of FIRE Division of FIRE to the Position of CAPTAIN Permanent, PfovlSiGnal, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open- Competitive, Promotional, Non- Competitive, (Insert one) PROMOTION Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary): Starting Salary of $ 65,597 LAST JO_P, TITLE LIEUTENANT NAME RONALD MORGANTI LAST DEPARTMENT FIRE DATE ADDRESS 61 NAPLES DRIVE LAST SALARY CITY & ZIP WEST SENECA, NEW YORK 14224 LAST 4 DIGITS OF SSN, XXX -XX -8623 LAST JOB TITLE LIEUTENANT NAME KEVIN PETERSON LAST DEPARTMENT FIRE DATE ADDRESS 120 BICKFORD LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14215 LAST 4 DIGITS OF SSN. XXX -XX -4714 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2450 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -54 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOM13ARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 10/2012 = SIGNATURE OF APPOINTING AUTHORITY ORIGINA +2 COPtE T0: CITY CLERK ON18EF RE APP INTMENT DATE OTHER COPIES 70 _ #3- CDCD PTRO LEF2 #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- [EPArRTMENT #7- DIVISION #8- EMPLOYEE S 04 (Ruv 7 -07) Certificate of Appointment In eomplianee wish provisions of Secrion 342 of the Charter and Chapter 314 of the Onlinances of the City of 134rale, I transmit this cerhticalion if appointnienl(s) or pfomolioti(s)_ I funher certify chat the pereon(s) famed in Schcdule" ' have; been cerulied of approved by the Hvinnn lkcsonrceslC; vi l Service for the Appointn ;ent Effective: 10/2312008 in the Department of FIRE Division of FIRE I o the Position of CAPTAIN Permanent, Provisional, Temporary, Seasonal, Exempt. Unclassified (insert one) P ERMANENT_ Open-Competitive, Promotional, Non - Competitive, (Insert one) PROS LQT NAI.,, Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ 65,597 LAST JOB TITLE LIEUTENANT NAME KEITH BURKE LAST DEPARTMENT FIRE DATE ADDRESS 3594 S. SENZING ROAD LAST SALARY CITY & ZIP ORCHARD PARK, NEW YORK 14127 LAST 4 D IGITS OF S XXX -XX -9401 LAST JOB TITLE LIEUTENANT NAME DANIEL FLAHERTY LAST DEPARTMENT FIRE DATE: ADDRESS 15 CENTER RIDGE ROAD LAST SALARY CITY & ZIP EAST AURORA, NEW YORK 14052 LAST4 DIGITS OF SSN. XXX -XX -6013 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2450 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -54 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME: OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 1012012008 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL t 2 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- _FMPLOYEEtS) 44 (Rev 7 -07) Certificate of Appointment in atrttelumce wrh provisions of Section 24 -2 orthe Chapter and Chapter 35 -1 rthe Ordinances of he City of Su €'ialo, I trvssmit tlrih ceniflcatiun of :Lppointment Jr premolm(,). I further cerufp that the perion(0 named m Schedule "A' hive been ccrti tied or approved by the Lfwnan ReswaTees Service for the Appointunent .Ebb(:tivc in the Deparmient of Division of to the Position of 10123/2008 FIRE FIRE CAPTAIN Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) I?ERMANtmt Open - Competitive, Promotional, Non- Competitive, (Insert one) PROMOEgNA Minimum, Intermediate, Maximum, Flat, Houriy (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ 65,597 ! AOR TM F 1 IFI !TE'NAN'T NAME PAUL GRAHAM LAST DEPARTMENT FIRE DATE ADDRESS 49 FOX CHAPEL DRIVE LAST SALARY CITY & ZIP ORCHARD PARK, NEW YORK 14127 LAST 4 DIGITS OF SSN. XXX -XX -0243 LAST JOB TITLE LIEUTENANT NAME MARK EGLOFF LAST DEPARTMENT FIRE DATE ADDRESS 260 COLUMBUS LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14220 LAST 4 DIGITS OF SSN. XXX - XX - 3171 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2450 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 - SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 1012012008 SIGNATURE OF APPOINTING AUTHORITY' r. ORIGINAL + 2 COPIES 70' GITY CLERK {ONlBE�ORE APPOIt+€TMENT GATE] OTH COPIES TO: #3- COMPTROLLER #4 - HUMAN SEFtV[GESICIVIL SERVICE #5- EQ ET #8- I3EPARTMENT #7- QIVIS10 #S- EMPLOYEEtS] P #4 (Rev 7 -07) Certificate of Appointment to compliance with provisions of Section 24 -$ of the Chapter and Chapter 3: -1 of the Ordinances of the City Ora liffillo, 1 iran,jmt firs calf ffication or appoinnncnt(<) or pncinofiarrts). d further cemfv thin the person{,) named in Schedule "A' have hxcn certified or appawcd by the Human Rescfurc&Civii Sezviee Por the Appointrncnt Effective in the Dg)arnnent of Division of to the Position of 1012312008 FIRE FIRE CAPTAIN Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, (Insert one) PR OMOTIONAL, Minimum, Intermediate, Maximum, Flat, Hourly (insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ 615,597 1 AST JOR TITLE" LIEUTENANT NAME THOMAS MELDRUM LAST DEPARTMENT FIRE DATE ADDRESS 253 RANSOM OAKS DRIVE LAST SALARY CITY & ZIP EAST AMHERST, NEW YORK 14051 LAST 4 DIGITS OF SSN. XXX -XX -2798 LAST JOB TITLE LIEUTENANT NAME JOHN MURPHY LAST DEPARTMENT FIRE DATE ADDRESS 62 LINCOLN BLVD LAST SALARY CITY & ZIP KENMORE, NEW YORK 14217 L 4 D I G ITS O SSN. XXX -X -1495 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2450 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -54 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 19120/2008 SIGNATURE OF APPOINTING AUTHORITY - I• 1U ORIGINAL + 2 COPIES TO: CITY CLERK ONlBEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL $ERVI E #5- BUDGE #6- DEPARTMENT #7- DIVISION #B- EMPLOYEE(Sf ✓ . (Rev 7-17) t Certific of Appointment� In compliance w, t1) provisions of swion 24.2 of €Ire Charter and Chapter 35 -1 of Ilie Ordinances or the City of3uWa; o. I trnnaanit thiS Ccrt.ification of aptrnintrrent(s) or yxmmtion(S ) - t tunher certify that th� pessan(s) named is Schedule "A" hove been certified or apnm "d by ne Hrn:ar. ResourcesXivd Semce for the Appointinent IdCcctiv: 1 0123/2008 in the Department of Division of to the Position of FIRE FIRE LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EEqMANE Open - Competitive, Promotional, Nan - Competitive, (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Ditcr Starling Salary) - Starting Salary or $ 62,423 LAST JOB TITLE FIREFIGHTER NAME JEFFREY SZALAY LAST IDEPARTMENT FIRE DATE ADDRESS 6170 BOSTON RIDGE ROAD LAST SALARY CITY & ZIP ORCHARD PARK, NEW YORK 14127 LAST 4 DIGITS OF SSN. XXX -XX -9505 LAST JOB TITLE FIREFIGHTER NAME CHRISTOPHER HIGGINS LAST DEPARTMENT FIRE DATE ADDRESS 127 COOLIDGE ROAD LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14220 LAST 4 DIGITS OF SSN. XXX -XX -4 146 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2440 BUDGET ACCT. OBJ, 411001 PROJ. ID PERSONNEL REQ. NO 200$ -55 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 10!2012008 SIGNATURE OF APPOINTING AUTHORITY ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT nATE) OTHER CO€ IES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL $ RACE #5- BUDGET #6- DEPART #7- DIVISION #8- _K MPLOYEE (a) 44 (Rear 7-07) Certificate of Appointment ]n compliance µgth provisions of Section 24 -2 of the Charter and Chapter 3� -I of the Ordinances of the City of Buf I tntnalflA leis ceritfiea;inn of appointment(.) or pronmtien[3). 1 Further certify that the persan(s) nsrned in Schedule ",a' have beett eemlicd or approved by the Humaon Ite690reesi Civil Service fur the Appointment Effective: 1012312008 in the Departivlent of Divislol7 of ro the Position of FIRE FIRE LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERM Open - Competitive, Promotional, Non - Competitive, (Insert one) PROMOTIONAL, Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (linter Starting Salary) : Starting Salary of $ 62,423 LAST 09 TITLE FIREFIGHTER NAME JEFFREY RAPP LAST DEPARTMENT FIRE DATE ADDRESS 70 IRVING TERRACE LAST SALARY CITY & ZIP TONAWANDA, NEW YORK 14223 LAST 4 DIGITS OF SSN, XXX -XX -9353 LAST JOB TITLE FIREFIGHTER NAME RONALD BARRETT LAST DEPARTMENT FIRE DATE ADDRESS 69 KRAKOW STREET LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14206 LAST 4 DIGITS OF SSN. XXX - XX - 1929 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2440 BUDGET ACCT. OSJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -55 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: f 1012012006 SIGNATURE OF APPOINTING AUTHORITY' ORIGINAL. + 2 ©PIES TO: CITY CLERK ONl[3EFORE APPOINTMENT QAT OTHER COPIFS TO: #3- SQMPTROt L ER 94- HUMAN SERVICESlCtVIL SERV1Gt; #5- BUQGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE :14 (Rev 7 -07) Certificate of Appointment L cumplianue with pro'lSiO93 of Sectic.1 24-2 of fhe Charter and Chapter 354 of' 'lie Ordinances of the City of Bafralo, l transmit this cerui atioa of appomtntem(s) or Pro n:otion(s). I IirrEher certify that the persoa(s) Warned mSchedule "A" %avebccn certified or approved oy the Human Rms urcesfCiviK Service for the Appointment FAHt Ctive', 1012312008 in th; Deportment of FIRE Division at' FIRE - to the Position of LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PE RMANEN T Open - Competitive, Promotional, Non - Competitive, (Insert one) €?RO Minimum, intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ 62,423 T lr,n TM F F!RFF!r—HTF1P NAME TERRY i)ICKINgON LAST DEPARTMENT FIRE DATE ADDRESS 9215 HILLVIEW DRIVE LAST SALARY CITY & ZIP CLARENCE, NEW YORK 14031 LAST 4 DIGITS OF SSN, XXX -XX -4321 LAST JOB TITLE FIREFIGHTER NAME GREGORY DONOVAN LAST DEPARTMENT FIRE DATE ADDRESS 421 POUND ROAD LAST SALARY CITY & ZIP ELMA, NEW YORK 14059 LAST 4 DIGITS OF SSN. X -XX -9125 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2440 BUDGET ACCT, OBJ. 411001 PROJ. Ill PERSONNEL REQ. NO 2008 -56 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TtFLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 10!2012008 r SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO; QTY CLERK ONBEFORE APP INTMENT DAT OTHER CAS TO, #3- COMPTROLLER #4- HUMAN SERVICESIQIVIL SERVICE #5- BUD ET #6- DEPARTMENT #7- DI VISION #8- EMPLOYEEfS) j C #4 (Rev 7 -07) Certificate of Appointment ttt compliatzce vnilt provisutx,s of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of thu City of Bafhalo, t transmit this cerlifecation of appointments) or prometten(s). I further uelt&j that tlw person(a) named to Sche�tule "A" have been certified or tpproved uy the tin��ra,t Rtl' +,mrceslC�'wil Service for the Appoif:tTrtent F'4Tectiva: 10/23/2008 in the Department of Division of to the Position of FIRE FIRE LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) t IFtt AlV1VT Open - Competitive, Promotional, Non - Competitive, (Insert one) PROMOTION_AI_ Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ 62,423 LA .'7:T F„ TI c FIPFFIGH ER NAME DAVID LAUBER LAST DEPARTMENT FIDE DATE ADDRESS 92 ROSEDALE AVENUE LAST SALARY CITY & ZIP HAMBURG, NEW YORK 14075 LAST 4 DIGITS OF SSN. XXX -XX -9623 ........_.._ LAST JOB TITLE FIREFIGHTER NAME GEORGE BLAND LAST DEPARTMENT FIRE DATE ADDRESS 5 SIBLEY STREET, #2 LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14220 LAST 4 DIGITS OF SSN. XXX - XX - 9813 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132009 TITLE CODE NO 2440 BUDGET ACCT. OBJ, 411001 PROJ. ID PERSONNEL REQ. NO 2008 -56 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY; FIRE COMMISSIONER DATE: 10/20/2008 SIGNATURE OF APPOINTING AUTHORITY ORIGINAL 2 COPIES TO: CITY CLERK fO APPOINTMENT DATE} OTHER COPIES TO_: #3- COMPTROLLER #4- HUMAN SERVICESQVIL SERVICE #5- BUDGET #S- DEPARTMENT #7- €]!VISION #8- EMPLOYEEtS) 44 (Rev 7.07) Er, compieaace with pro'kions or section 24 - of the Charter and Chapter 35 -1 of the Ordin Imo of the Citv of Buffalo, I trni3sntir This eeitificauon of appointwunt(s) or ptaa:ouaris). I tether certify that the pereon(s) rtdmcd in Schedale "A' have been certified ar approved by the Human RosaurceslC'ivi l Service for the r�ppaintment Etl'cctive: 1 012 312 00 8 in the Department of FIRE Division of' FIRE to the Position of LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open- Competitive, Promotional, Non - Competitive, (Insert one) PROMOTIONA Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary): Starting Salary of $ 62,423 -AST JOB TITLE FIRFFI(- NAME DALE BLESS -AST DEPARTMENT FIRE DATE ADDRESS 267 FRANKLIN STREET APT B2 '_AST SALARY CITY & ZIP BUFFALO, NEW YORK 14202 MAST 4 DIGITS OF SS XXX -XX -7381 -AST JOB TITLE FIREFIGHTER NAME RONALD BOURGEOIS _AST DEPARTMENT FIRE DATE ADDRESS 11817 WILLISTON ROAD -AST SALARY CITY & ZIP MARILLA, NEW YORK 14102 LAST 4 0iGITS OF SSN, XXX -XX -9219 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 3UDGET ORG. CODE 12132001 TITLE CODE NO 2440 3UDGET ACCT- 0BJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -56 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: VAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 10/20 12008 a SIGNATURE OF APPOINTING AUTHORITY: - ` i , .4 `1 ORIGINAL + COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT OAT OTHER COPIEST2 #3- COMPTROLLER #4 - HUMAN SERVICESlCIVILSERVICE #5 - EU GET #6- DEPARTMENT #7- DIVISION #8- EMPLOYF_ #4 (Rov 7 -07) Certificate of Appointment la somphanco with yro of Secirun 21 -3 of the Ck,,Ie, and Chapler 35 -1 of the Ordinances of the City of Buffalo, t vansnnt this cei5tticaliort 01 appoi'Anlenl(s) or pfoniw 0a(s). I furrher certity -hat the irersmri_s) narrated in Sehedt la "A" have baern cztWkd or approved by the I fuman Rescurecs'Oi A Service for the Appointment Effective: 10123/2008 in the Department of Divi,6oti of' to the Position of FIRE FIRE LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, (Insert one) 1?ROM[JT10PlA1y Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting; Salary) : Starting Salary of $ 62,423 I AST TIT( P FIF'_FF!nHT'PR NAME PATRICK BLAKE LAST DEPARTMENT FIRE DATE ADDRESS 297 ABBY STREET LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14220 LAST 4 DIGITS OF SSN, XXX -X -4621 LAST JOB TITLE FIREFIGHTER NAME DAVID GEORGE LAST DEPARTMENT FIRE DATE ADDRESS 2152 PORTSIDE DRIVE LAST SALARY CITY & ZIP LAKEVIEW, NEW YORK 14085 LAST DIGITS OF SSN, XXX -XX -8296 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2440 BUDGET ACCT. OBJ. 411001 PROJ. 117 PERSONNEL REQ, NO 2008 -56 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 1012012008 SIGNATURE OF APPOINTING AUTHORITY: Z ORIGINAL + 2 COPIES TO: CITY CLI RK ONBEFORE APPOINTMENT PATE OTHER COPIES TO: #3- OMPf TROL #4- HUMAN SERVICESlCIVIL SERVICE #5- t3UPGET #5- DEPARTMENT 97- DIVISION #a- EMPLOYEE( 34 (Rev 7.07) Certificate of Appointment In cemptimtce with provision, of Section 34 -2 of the Charter and Chapter 3i -1 of dlt Ordinances of the City or I3 -iyatq t trans'nj,t this ceri leation of appomtrnentts) or promotion {s)_ 1 rurtltar certiry that the per3cn(s) named in Schedule "A" have 'nee: ewl ied or iiplm"d oy the Human Res lrces Service :ar the APpointnient FfiCCtive: 1012312008 in the Department of Division of to the Position of FIRE FIRE LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) FEEMA Open - Competitive, Promotional, Non - Competitive, (Insert one) ROIVt®TIONA Minimum, Intermediate, Maximum, Flat, Hourly (insert one) MAXIMUM (Enter Starting Salary) : Starling Salary of $ 62,423 1 4ST JOB TITLE FIRE'FICIHTER NAME THOMAS KRASINSKi LAST DEPARTMENT FIRE DATE ADDRESS 130 SHERBROOKE AVENUE LAST SALARY CITY & ZIP WILLIAMSVILLE, NEW YORK 14221 LAST 4 DIGITS OF SSN. X XX -XX -4387 LAST JOB TITLE FIREFIGHTER NAME LAWRENCE ROBERTSON LAST DEPARTMENT FIRE DATE ADDRESS 115 CARLYLE LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14220 LAST 4 DIGITS OF SSN. XXX -XX -1297 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2440 BUDGET ACCT, OBJ, 411001 PROD- ID PERSONNEL REQ. NO 2008 -56 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM NAME: OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING, AUTHORITY: FIRE COMMISSIONER _ DATE: 10!2012008 SIGNATURE OF APPOINTING AUTHORITY; 9 ORIGIr7At + 2 COPIES TO: CITY GLERiC ONIBEFORE APPOINTMENT t7ATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL ERVICE #5- BUDGET #6- DEPARTMENT #7- OIVISIQ #8- EM PLOYEESSi 44 (Rcv 7 -07) '.,s compliance with provisions of Section 24 -2 of the Chaner and Chapter 35-1 O f ' Ordinances of tfte City of Bullalo, ' transmit this cc,tificatiou of appointntent(s) or prorncno v(s). t farther certify that the persoM ) Warned in Schedule "A' Have bean certified or appruved by ilic Human Rewlrces�Civil Service for the Appoinirncrit Effective: 10/2312008 in the DepatTment oh FIRE Division of FIRE to the Position of LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENTr Open - Competitive, Promotional, Non - Competitive, (Insert one) PRgMC ipN& Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Niter Starting Salary) : Starting Salary oh $ 62,423 . qT .inR TIT# P FIRFFICHTER NAME THOMAS BRESKI LAST DEPARTMENT FIRE DATE ADDRESS 652 HARRIS HILL ROAD LAST SALARY CITY & ZIP LANCASTER, NEW YORK 14086 LAST 4 DIGIT OF SSN XXX -XX -6672 LAST JOB TITLE FIREFIGHTER NAME CHRISTOPHER RAY LAST DEPARTMENT FIRE DATE ADDRESS 117 HUNTERS RIDGE ROAD LAST SALARY CITY & ZIP ORCHARD PARK, NEW YORK 14127 LAST 4 DIGITS OF SSN. XXX -XX -7655 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2440 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ, NO 2008 -56 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: _ i=I _ Rff COMMISSIONER DATE: 10/20/2008 SIGNATURE OF APPOINTING AUTHORIT ORIGINAL + 2 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE THER COPE=S TO: 43- GOMPTROL 9 #4- HUMAN SERVIC£S_ICIVIL SERVICI= #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYE S P4 (Rev 7 -07) Certificate of Appointment €a compliance mth provisions of Scctron 24 -2 of tlic Charter and Chapter 3- -t of five Ordinances of the City or nulFeio, I transmit this certi6eation of apuuinunent(s) or prontonon(s), i further certify that the peiann(s) named in Schedule 'A" have been ecru ied or approved by the Hmnan ResourceslGvII Service for the Appointracat Iiiffective: in the Department of' Division of to the Position of 10/23/2008 FIRE FIRE LIEUTENANT Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANE Open- Competitive, Promotional, Non - Competitive, (insert one) PROMt3T[ONAL,, Minimum, Intermediate, Maximum, f=lat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting; Salary of $ 62,423 I neT,InP TITI FIREFIGHTER NAME WENDY MAJTYKA HARTMAN LAST DEPARTMENT FIRE DATE ADDRESS 22 BASSETT ROAD LAST SALARY CITY & ZIP WILLIAMSVILLE, NEW YORK 14221 LAST 4 DIGITS OF SSN. XXX -XX -9714 LAST JOB TITLE FIREFIGHTER NAME MARK MEN©OLA LAST DEPARTMENT FIRE DATE ADDRESS 388 SENECA PLACE LAST SALARY CITY & ZIP LANCASTER, NEW YORK 14086 LAST 4 DIGITS OF SSN, XXX - XX - 7464 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2440 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -56 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: MICHAEL LOMBARDO TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 10120/2008 —� SIGNATURE OF APPOINTING AUTHORITY�� ORIGINAL + 2 COPIES TO' CITY CLERK {O NIBEFORE APPOINTM�N7 OAS OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVI E !CIVIL SERVICE #5- BUDGET #6- DEPAR #7- DIVISION #8- EMPL EE LS) i FROM THE CORPORATION COUNSEL Oct 28, 2008 # #3 (Rev 1 -02) �� `� � ' �- ,. Certificate of Appointment In compliance with provisions of Seetion 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 pronrotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Serviec for the Appointment Effective: in the Department of Division of October 20, 2008 Law Law to the Position of Assistant Corporation Counsel I (Muni) Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM ,()enter Starting Salary) : Starting Salary of: $50,604 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Sabrina R. Bell DATE ADDRESS 1526 Amherst manor- apt.906 CITY & ZIP Williamsville, NY 14221 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX - 8776 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 10546001 TITLE CODE NO BUDGET ACCT, OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -62 SALARY RANGE OF POSITION 50,604- 52,818 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Alisa A. Lukasiewicz TITLE OF APPOINTING, AUTHORITY: Corporation Counsel DATE: October 20, 2008 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 #9- DIVISION #10- EMPLOYEE(S) ;k 2 ##4 (Rev 7 -07) 1` Certificate of Appointment 11u compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, t transmit this certification of appointment(s) of pronrotion(s). 1 further certify that the persons) named in Schedule "A" have been certified or approved by the 1 human Resources/Civil Service for the Appointment Effective. in the Department of Division of to the Position of October 20, 2008 Law Assistant Corporation Counsel II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) TEMPORARY Open - Competitive, Promotional, Non- Competitive, (Insert one) NON- COMPETITIVENON COMP T T E Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) INTERMEDIATE (Enter Starting Salary) : Starting Salary of $ 61,212.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Cavette Chambers DATE ADDRESS 188 Roebling Avenue CITY & ZIP Buffalo NY 14215 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -2314 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10546001 TITLE CODE NO BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL. REQ. NO 2008 -61 SALARY RANGE OF POSITION $61,212. to $75,641 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Alisa Lukasiewicz Corporation Counsel October 20, 22008 ORIGINAL + 2 COPIES TO: CITY CLERK ON /BEFORE APP TMENT DATE OTHER COPIES TO: #3- COMPTROLLER #E€- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES Oct 28, 2008 To: The Common Council Date: October 2, 2008 From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject: [: Food Store License [: 900 Main (Ellicott) Prior Council Reference: (If Any) /Ex. ( item No. 77, C.C.P. 1 0/1 7/2006 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 900 Main (O & N 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. Signature: ( 7 V Department Head Title: DFPU Y COMMISSIONI K JC :mrz CITY OF , BUFFALO OFFICE OF LJCFNSva 313 CITY HALL —" BUFFALO, NEW YORK 14202 INSPECTION/AppROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: O & N MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME. APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: 900 MAIN cxlpio ej 884 -5458 EL 03 NASSER MOHAMFD 8 84 -5458 540984 09/19/2005 C NEW LICENSE DISAPPROVAL REASON: �V4� INI 2 006 (TO BE COMPLETED BY AGENCY/DEPART U t - MENT REFERRED TO) APPRQVED ED DISAPPROVAL CALL RACK DATE- * "REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: Ki cssQ� 40 j RM# !{ EXT AVER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Ap.-Vi,p2.rpt 08- 26 - '05 10;55 FROM - CITY OF BUFFALO OFFICE OF LICENSES 313 CI'T'Y HALL BUFFALO, NEWYORK 1 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO; COMMISSIONER OF POLICE APPLICATION FOR: O & X MARKET LICENSE TI(PY.: . FOOD SWORE ® 3- r) BUSINESS ADDRESS: BUSINESS PHONE: C€ UNCR. OYSTMT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLIC NVM8E)R' REFERRAL DATE: 900 MAN 884 -5458 EL 03 MASSER MOHAMED 8845458 540984 08/19/2005 DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCyA[)EP ARTMENT REFERRED TO) J f APPROVED DATE: 47 ` / r d-1- DISAPPROVED PATE: NEW LICENSE 2006 REMARKS; 61 DISTRICT CAPTAIN; APPROVED DISAPPROVED 14 A DATE: 2 DATE: - TREASON FOR DISAPPROVAL MUST BE STATED BELOW " ' REMARKS: COMM. OF.POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE. OF LICENSES. THANK YOU. Mo�pa •� T-07Z FUMIOW r -366 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: O & N MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE. APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 900 MAIN 884 -5458 El, 03 NASSER MOHAMED 884 -5458 540984 08/19/2005 NEW LICENSE 2006 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE • 4 r DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: INSPECTOR RM## EXT t AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. A�p5tip2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, .NEW YORK. 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: O & N MARKET LICENSE TYPE: FOOD S'T'ORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 900 MAIN 884 -5458 EL 03 NAS SER MOHAME D 884 -5458 540984 08/19/2005 NEW LICENSE 2006 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: - eis ' DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: * "REASON FOR DISAPPROVAL MUST BE STATED BELOW * *" REMARKS: INSPECTOR RM# EXT ' 1 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSTip2.rpt OFFICE OF LICENSES 313 CITY HALL BUFFALO NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: O & N MARKET LICENSE TYPE: FOOD STORE NEW LICENSE 2006 BUSINESS ADDRESS: 900 MAIN BUSINESS PHONE:. 884 -5458 COUNCIL DISTRICT: ET. POLICE Dis'TRicy: 03 APPLICANT NAME: NASSER. MOIIAMED APPL. PHONE: 884 -5458 APPLICATION NUMBER: 544984 REFERRAL DATE: 48/19/2005 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) DATE: DA'Z'E: DATE: * *TREASON FOR DISAPPROVAL MUST BE STATED BELOW ** REMARKS: 313 CITY HALL, BUFFALO, NY 14202 � V16) 851 -4078 LICENSE APY:L C.;A .1ON :_ LNO APPLICATION MUST BF, COMPLETED IN FULL PHOTO ID REQUMD AT THE Tlt1YIE OF APPLICATION (PLEASE CHECK LICENSE CATEGORY APPLYING FOR) RESTAURANT BAKERY CONFECTIONER ly RESTAURANT TAKEO T CATERER "FOOD STORE MEAT, FISH & POULTRY Date 20 .Applicant Name —NAA � - -� ►r °�= •. Applicant Home Phone # - 0 � ?c ° 2. Applicant Address p GvL i� F (No., Street) (City, wn or Village} fate} (Z�p} Co Applicant Name Co- Applicant Address (No., Street) (City, Town or Village) (State) (Zip) Date Incorporated Corporation Name Business Name 1),J - Al IYZ_ _ L Date of Business Certificate Business �No., 10Z Mailing Address (if different than business address) (No, Street) (City, Town or Village) 1(State) (Zip) Business Phone # (a c d Fax # State Tax ID Number �LR Social Security ' _ - . No_ of Employees (Balser & Confectioner only) Subscribed and sworn to before me this Bay..._.- ---' 20 S Corrzmiss on r of 17 e in.aud for the City of Buffalo, Yw York Applicant Signature fi NON REFUNDABLE - APPLICATION FEE xrt appl a Mr. Fontana moved: 1 That the above communication from the Department of Economic Development, Permit and Inspections Services dated October 2, 2008, be received and filed, and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Nasser Mohamed (O & N Market) located at 900 Main Street. Passed 23 TAB:rmv TAwpMmswordl mM23c10- 2Sa.doc a i n � 0 9 9 ` To: The Common Council: Date: October 20, 2008 Frorn: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject: Prior Council Reference: (lf Any) Ex. Qtm No. , C.C.P ): Food Store License 490 Connecticut (Niagara) } �J Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a hood Store License located at 490 Connecticut (Alex Deli) and find that as to forin is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Off lire 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. Signature: _ _�._• },....,rte V Department lead Title_ DU'PUTY COMMISSIONER JC :mrz REFERRED TO THE COMMITTEE ON LEGISLATION. CITY OF BUFFALO OFFICE OF LICENSES 3f z C H A L.L. x� w.xx BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO. VINCE FERRARRACIO APPLICATION FOR. ALEX DELI LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: 490 CONNECTICUT' 886 -2726 NI 1 0 LAILA ALAYA.N 885 -0911 552273 09/12/2008 DISAPPROVAL REASON: MUST CALL FOR APPOINTMENT NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) rAPPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON ]FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR a "r RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsrp2.rpt CITY OF BUFFALO OFFICE OF LICENSES / 3-1-1 V11TV HAI.I. �.. BUFFALO, NEW YORK 14202 J INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: ALEX DELI LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT, POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 490 CONNECTICUT 886 -2726 NI 10 LAILA ALAYAN 885 -091.1 552273 09/12/2008 REMARKS: DISAPPROVAL REASON: MUST CALL FOR APPOINTMENT NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON: { DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslip2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: ALEX DELI LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE 490 CONNECTICUT 886 -2726 NI 10 LAILA ALAYAN 885 -0911 552273 09/12/2008 REMARKS: DISAPPROVAL REASON: MUST CALL. FOR APPOINTMENT NEW LICENSE 2909 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: WsA`PPRow DATE: DISAPPROVAL DATE: CALLBACK `1 t ** *REASON DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSliplrpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HAI.A., BUFFALO, NEW YORK .14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: ALEX D.f LICENSE TYPE: FOOD STORE BUSINESS ADDRESS, BUSINESS PHONE: COUNCIL. DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PRONE: APPLICATION NUMBER: REFERRAL DA'T'E: REMARKS DISAPPROVAL REASON: 490 CONNECTICUT 886 -2726 N1 10 LA1LA ALAYAN 885 -0911 552273 09/12/2008 �� .fie) (TO BE COMPLETED BY ACC.N(`Y /DEPAR'T'MENT RI leERRED'1'0) APPROVED DATE: [+ lb " DISAPPROVED DATE: 1 REMARKS: (9 NEW LICENSE 2009 DISTRICT CAPTAIN: �l lit APPROVED DATE: 1 f 1/ DISAPPROVED DATE: ***REASON FOR DISAPPROVAk - MUST IMSTATED BELOW '' r REMARKS: COMM. OF POLICE: Deputy Commissioner AFTER .INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. ,ippMij,2rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 1€202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS 01-1 REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: ALF.X DELI LICENSE lYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL, DISI RICI': P01,1CF, DISTRIC "I': APPLICANT NAME AP.1 PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 490 CONNI. CTICIA' 886 -2726 NI 1 () I..,AR A MAYAN 885 -0911 552273 NEW LICENSE 2009 TAX AND WAT13R I3IIILS, SEVE'RAI, PROPERTIES (TO BE COMPLETED BY AGENCYIDEPAR'I'MENT REFERREDTO) /APPROVED DATE: DI SAPPROVFD DATE: DISAPPROVAL CALL RACK DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW"' REMARKS: J INSPECTOR RM #� EXT /� 211 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. DEPARTMENT OF ECONomc )gv PERMTT & INSPECTION S&IRN OFFICE' OF LICENSES 313 CITY HALL BUFFALO NY 14202 $514478 LICENSE APPLICATION PLEASE CHECK LICENSE CA.TEGORi( APPLYING FOR RESTALJRAN T BAKERY CONb'ECT104M, RESTAURANT TAKEOUT �ATFBRER _FOOD STORE MEAT, FISH & POULTRY Date - ICES , POSIT SEP 1 I 20 t Applicant Name 1 e Iq X4 on,,/ Applicmt Hoxae Phone 71b ' 1 Applicant Address `�/ / c'U /�LZ4 An jam 0 /' ,, ,v y 1 (No., Street) Co- Applicant Name Co-Applicant Address Town or Village) — (State) Mp) (No., Street) (City, Town or Village) (State) (Zip) y C01porationName - - Date hicorporated ' Business Name f � �J� ��C/ Date of Business'Certiticate Business Address 7 (No., Street) (City, Town or Village) (State) (Zip) My ilirag Address (if different than business address (Np., Street) t (Gty, Towii ox Village) , (State) (Zip) Business Phone # �r� �S ,� �•'� Fax # State Tax ID Number Social Security # N ofEmployeres _ ' ^ (Bakei: & Cobfectioner only) Apphcant S.0 attire Su crib d and swgtn to before me this. 6 ay Of i T+,S: RE.SxACJRAIr(i 0 SEATS $174;U0 01-400 9FUTS 52$0.00 om ►issinner of vuA in alld foeh City of vvv � " I CU, 401+ $325.00 RESTAURANT T'AKEOUTICATERM - 5 88.00 iv��'.A">",RiSH & pOUx,TitY {2 Y1tS.) Si50AQ It ©OD STORE 5115.00 BAKE1t/COri7FUCT1(3NER 0_2 E�PI.CIYE�:S S63.00 340 5105.00 11 -ZS . � 26 50 x3�S.40 JENNIFFER E.SPANJEf� R7 appl COMM, #15673 NMAAy plUOU CAUFORMA A sAN tx�ao couNrr U My Gahm. Expires A T 8 2009 t.. sx 20a Q .i ..c . sszs.00. #I (Rev. 1/93) Communication to the Common Council To: The Common Council: Date: October 7, 2008 From: Department: De artment of Economic Develo meat Permit & Ins ection Services Division: Office of Licenses Subject: Prior Council Reference: (If Any) Ext. (Item No. xxx C.C.P. xx/xx /xx): [: Restaurant Dance Class I & 11 88 Chippewa West (Ellicott) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class I & II License located at 88 Chippewa West and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class I & II license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of James Alfieri. The attached thereto for James Alfieri d /b /a Croc Bar. This request is submitted for your approval or whatever action you deem appropriate. Tyne Department Head Name: JAMES COMERFORD, DEPUTY COMMISSIONER TyTe Title: COMMISSIO Si gnature of Department Head: JC:mrz CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: CROC BAR LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 88 CHIPPEWA WEST 843 -8630 Ell 00 JAMES ALFIERI 843 -8630 550955 06/11/2008 l 5 `z u�y3 X � 4w NEW LICENSE 2009 i (TO BE COMPLE TED BY AGENCYIDEPARTMENT REFERRED TO) { APPROVED DATE DISAPPROVED DATE: DISAPPROVAL CALL BACK REMARKS: DATE: DISAPPROVAL MUST BE STATED BELOW' k* RM# r 3 EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2.rpt �1-V :'I T Y xI ALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT POCZKALSKI APPLICATION FOR: CROC BAIL LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS. BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 88 CHIPPEWA WEST 843 -8630 EL 00 JAMES ALFIERI 843 -8630 5,50955 06/I I/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE. DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT; HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLIC OC BAR LICENSE TYPE: R AN I /D/ 1NCE .BUSINESS ADDRESS: BUSINESS PHONE& COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL. REASON: 88 CHIPPEWA WEST 843 -8630 EL 00 ,TAMES ALFIERI 843 -8630 550955 06/11/2008 oc ve," e S�tlt- V . 9 l q14 f5rj NEW LICENSE 2009 (TO BE COMPLE'T'ED BY AGENCY /DEPARTMENT REFERRED TO) j s APPROVED DATE: l DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK * * *REAS" FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: &" I EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppsuY2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14211E INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: CROC BAR LICENSE TYPE: RESTAURANTMANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME- APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS. DISAPPROVAL REASON: 88 CHIPPEWA WEST 843 -8530 EL 00 JAMES ALFIERI 843 -8630 550955 06/1 1/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REF 'BRED TO) APPROVED DATE: DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED ** *REASON FOR D REMARKS: DATE: �y DATE: 1. u u (L � &*F AL MU5LT BE STATED BELOW * ** COMM. OF POLICE: Dep Commissioner AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK. YOU. AppSl+p2.rpt .l'.lfi w De13TY'!,R �f E � � ^,,11� 74 Franker ftcct An f&l o lqowYo& 14202 tb& d B ft4 p"mt MUST be mA& by Xftftq O!r<W D D NOT Sm d OW $10.00 ff* to pro 7= � a d M 1� ju0noy 0& or4g or ,&. chmkr go not scow -C& 9* mow tr *0 mz. in p"Von, pa ' ra" eke gl i om be mWod to You * conplo au d Be site to fiao& *Wpo'k 3&4awed ony6lor $* bfonuxam fisted bolow and bwo ym idfivafia to bwooa°�. YOU WU• NO A SiMU-TUM MOT' SE ORIGRaL MAWIlf NMU XAmoltAl-ruCANT ADDIMSS' D,&Iz /Z ftLto of liow Y*& c Wore ma P=Omuy oixtbb A of d in, and A. COOPER tic SATE Of foiegolo9z ftatamW and "M JR�FAIRY PUB NY IkAtfFIED IN ERIE COUNT, C O MMISSIO N EXPIRES, rnn ID', 'M . OmMISSIO. N o C) " T(> 11 X ColalXM Nd VZRW= zy xBOORD 00 Faz - r AIR AFM' 1' i4(,7r DASM 01 1) ONO W 7TNTIL STAUMI DAYS FROM DATE VMUV= E itch J 7- �!!,J fLj �j i COI B A 2 7 PH 5: tb& d B ft4 p"mt MUST be mA& by Xftftq O!r<W D D NOT Sm d OW $10.00 ff* to pro 7= � a d M 1� ju0noy 0& or4g or ,&. chmkr go not scow -C& 9* mow tr *0 mz. in p"Von, pa ' ra" eke gl i om be mWod to You * conplo au d Be site to fiao& *Wpo'k 3&4awed ony6lor $* bfonuxam fisted bolow and bwo ym idfivafia to bwooa°�. YOU WU• NO A SiMU-TUM MOT' SE ORIGRaL MAWIlf NMU XAmoltAl-ruCANT ADDIMSS' D,&Iz /Z ftLto of liow Y*& c Wore ma P=Omuy oixtbb A of d in, and A. COOPER tic SATE Of foiegolo9z ftatamW and "M JR�FAIRY PUB NY IkAtfFIED IN ERIE COUNT, C O MMISSIO N EXPIRES, rnn ID', 'M . OmMISSIO. N o C) " T(> 11 X ColalXM Nd VZRW= zy xBOORD 00 Faz - r AIR AFM' 1' i4(,7r DASM 01 1) ONO W 7TNTIL STAUMI DAYS FROM DATE VMUV= DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES OFFICE OF LICENSES 31 t;:TTY IIAL BI,WALO NY 14202 � .. $51.4078 PLEASE CHCI CK.LICENS>v CAT]�GE3RY APPLYING F0 ARCADE BILLIARD PARLOR = BOWU VG ALLE Y —CEP.TIFICATE of 1NSPECUON COIN-CONTROLLED GO GO DANCING _ _,M(ISIC OASCHANICAL) MUSIC (LIVE NO DANCING) i AMU8FNENI' DEVICE NEWSTAND — PUBLIC DANCE IIALI . �RE,STAU AW DANCE —SKA nNO RINK DATE 3 � APPLICANT NAME L- 1 APPLICANT PHONE APPLICANT ADDRESS { Zi I� Code ) (No., Street) (City, Town, Village) (Stake) CO-APPLICANT NAME U I !ll �' Ptil L p -'. rU CO- APPLICA? T PHONE # CO- APPLICANT ADDRESS i V (No., Street)" (City, Town, V (Zip CORPORATION NAhffi C 1 iV C DA`i`I? INCORPORATED BUSINESS NAME___„ f S BUSINESS ADDRESS BU S I NESS Pxol FAX # STATE TAX IP # C� ` APPLICANT D /OB PLACE OF BIRTH 1 7 �dT _�: —�75 CITIZEN � - (YE (Np) C4- APPLICANT D10 PLACE OF BIRTH - (US CITIZEN() — (NO) AYPLIC AME NO. OF AMUSEMENT MACIIINES NO. DP BILL'IA W TABLES NO. OF L ING ALLEYS C Ppt) cant Signator Sworn and swore to before me � Day of - s J Cormmissione Deeds �inuna'�for The City of Buffalo, N. Y. -S381dX3 NOISS1=03 AN AM03 3183 N10301VA AN JO 31VIS Al ION 83403 [1139 T r)EPOSIT FEES: ARCADE. $47.25 EA. GAME . COIN C 0NTR4mrji AMUSEMENT DEVICE: $4715 EA. GAME NEWSTA.ND t $63.00 BILLA" PARWR: $31.50 PER.TABLE GO GO ]DANCING. $1311 PUBLIC DANCE HALL: BASED ON SQ. FT, BOWLING ALLEY; $31.50 PEIt ALLEY MUSK (MECHANICAL): $52.50 MUSIC (LIY'I{" Nq llANG'IN STAURANTDANC .CLASS 3 &Z LO SHOW) 2#60,00 CLASS 4 (MECHANIICAL) $135.25 ERTIF`ICATE OF INSPECTIONt $56.00 // TING RINK: $2100 ARC ETC. appl Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated October 7, 2008, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Econoric Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class I & Il License to James Alfieri d /b /a Croc Bar located at 88 Chippewa West. Passed. ,,4/ / c_C 4/N 24 TAB:nnv TA%vp601msword\nnvl24c ] 0.28 a.doc Approve with the following conditions: • Thera will be no one under the age of 21years old permitted after 10.00pm • If present, graffiti must be removed from exterior of establishment within 72 unless employed by establishment (No Co- mingling of Patrons) hours • Exterior of premise mint be cleaned and free of debris by 7:00am each morning this shall include removal_ of trash from any receptacles in front or adjacent to property • There shall be no plastic banners and/or non permanent signage displayed between the hours of 7:00am - 9:00pm daily • There shall be no outdoor music allowed �, ..', � �: � � ��. � .� -" • ..� Y � � � � � � E ���.� k � � ��� ��� �' aE i i i ���,�, �iaF � � III SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: 10 -23 -08 FROM: Department of Economic Development, Permit & Inspection Services. Division: Office of Licenses SUBJECT: (: Restaurant Dance (: 483 Delaware (Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) (: Item Nos. C.C.P.10 /14/08) TEXT: (TYPE SINGLE SPACE BELOW) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 483 Delaware (Stillwater Grille, LLQ for which said application Tor a Restaurant Dance Class III license is being sought by William R. Goodhue and according; to the attached reports from the Fire Department, Police Department and Building; Inspections, I fired it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: JAMES COMERFORD DEPUTY COMMISSIONER t Interdepartmental Memo Date: October 14, 2008 To: James Comerford, Deputy Commissioner From: Patrick Sole Jr., Supervisor of Licenses RE: Common Council Communication Restaurant Dance at 483 Delaware Ave of Buffalo Ordinance Chapter 254, the following is a check list of requirements taurant Dance application to the Common Council: ning Office e Prevention ilding Inspection. lice Department lice Record Check plication S pervisor of Licenses ate UFFT UY bUlfYALV OFFICE OF LICENSES 313 CITY HALL I =" AI..O. NEW YORK 14202 INSPECTION /APPItO'4?'AL REO TIEST AGENCY I DEPARTMENT: POLICE REFEi RILED TO: COMM3.SSIONER OF POLICE f APPLICATION FOR: STILLWATER GRILLE LLC Y.ICI:IVBE'I'7lPE: IiESTAURANTfDANCE �. f� NEW LICENSE 2009 I BIISIN1 s ADDRES 4$11DIBLAWAU BBSINSSS SHONE:. COUNCIL DWMCT; POLCE DISTRICT - APPLICANT NAME: APPL, PRONE: AlehicATIoNN[fMEER: REFER. DATZ. REMARKS: DISAPPROVAL REASON. (716) $84A2$3 EL 03; WILLIAM GOODHUE (716) 689 -7244 352292 0/10008 ('f0 DE CONr LEnW By AGEINCY/AEPAXTMENT PSMARED TO) APPROVED mu: ) 0 1 13 1)r DISAPPROV ED REMARXS: DISTRICT CAPTAIN: ,APPROVED D ATE; DISAPPROV9D DATEv ** *REASON FOR DISAPPROVAL MM RE STATED BELOW *** REMARKS: COMM. OF POuct. AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS PEFERIUL TO TTY OFFICE OF LICENSES. THANK YOU. �vvsl�y2•�r E I 1 P-147C (REV. 3196) O EM L DTO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 ;°x'YTd xrxnN n FI .F .qF, FORM There is a $10.00 fee to process this data. By mail, payment MUST be made by money order_ DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions , you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF CURRENT ADDRESS: ko � DATE OF BIRTH: SOCIAL SECURITY # REASON FOR REQUEST SIGNATURE OF APPLICANT t DATE f �{ STATE OF NEW YORK NAME ---------------- t w -F COUNTY OF ERIE ) SS. CITY OF BUFFALO On the —� - - day of �l T' U ��, before me personally appeared —N �} � � , to me known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof. Notary Public I Commissioner of Deeds * ** * * * * * * * ** * * ** TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL * * * * * * * * ** Lj RECORD ATTACHED VERIFIED BY:° ro NO RECORD ON FILE DATE VERIFIED NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL A P D. Ocr'-ub - �Wb FRI 10 SCI FERaONJUS MELEER LLP FPY NO. 71M551'1052 DRpARTMENT 10F ECONOMIC D9VELOPMENT, pLr9 T & INSPISCTIaN OFFICE 01? LICENSES 313 MY Xk L ,BCfWALON1t 14102 SS1-407A PLEASE CRECk LICENR CATWORY Ark'),,XM(; FOR AB.CADS —93t.I,iA,]tty PARLOR HOWUNO ALLY CER7 FICATE Or CUiN�RULLBO — ODDANCINOf MMTC (AtfgiAN1M) ^ ,,,WSlC (L,M NO A�i't't3E►+tt� �. (4:s 3 P. 03 VI T WSTAND DLMUCDANCE HALL t! RESTAGtiMTM4 rCg S a 1 OATE APPLICANT NAME S�1IWAT fR R/) / 1- ANT PRONE APPPLICANr AD10RZS 3 = CNa,, Stmt (City, Town, Yilla$e) (WO) C649) MAPPLICAWNAMS M- APPLICANT PRONE # .- .. -- CO-- APPLICANT ADDRESS (No:, sheet) (City Town, V illage) (State) (Zip Coda) CORPORA770MNAMJi4 �14W jllf- U-4WE INCO"ORATED DVX1)113SS > ss $ 3 ,E 1 F") A44. V 110 1 - s r.1 FA4 STATE TAX ID # A??WANT Droll CE OI�• a1KT11 A'-� lei �cr�rzxri I%(3r�s� (NO) CQ,APPUCANT DIU� P ACE 4F Biknt ,,,!V ,us a �Ci�S) _._.,,(NO) 11 &MWABLE NO OF �lM[J$t AITMACH�DBS NCI, OF BII.LIM TABLH3 N6M' 7" S 1 J 8w= and sworn 14 betbre the ttds I BS; ARCALD?) >. 54125 Di A. t AMLE Day of „ r ,.,,,,. Z4,, _ CORN- CK?KMOLLXD AMUS1SMriT DEVICE: $47,2$ U. GAME NMTAND: 563,00 mlr eu ritr Of Du& 41 and for BII.IARD POWItl $31.90 PER TABLE no City nfB Q, N, Y. GO GOAANCWC: 3131,2S PUBLIC DANCR RALm OASED ON SQ. FF. ' BOWL= ALLEY. 5SIM PM ALLEY MUSIC (bff'c t mmAL)- 30a N=rC (LIVE NO AASCING) SILSO n$STAIIRANr PANCI�s CLAM &2 (OWOR MOM 3361,0 CLASS } t" iViVKC) $ZXUD CL AO AO 4 allCffAMCAL) $131.25 CERTMC,iTE OF IDV$PEC'17ON WA8 g ,C'$I3ECORD3 CHE�C,gum S KATWO YfIW $210.04 ARC qsl Mr. Montana moved: r That the above corntnunication from the Department of Econon is Dcvelopnient, Permit and Inspections Services, dated October 23, 2008, be received and tiled; and That pursuant to Chapter 150 of the City Code, the Commissioner of I cononflic development, ;Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to William R. Goodhue d /b /a Stillwater Grille, LLC located at 483 Delaware Avenue with the following; conditions: 1. No co- mingling of patrons (no one under the age of 21 permitted after I L00p.m. unless employed by the owner). 2. No plastic banners or signage displayed on the exterior of the premises between 7:00 a.m. and 9:00 p.m. 3. If graffiti exists on the exterior of the establishment, it must be removed within 72 hours of notification of its existence. 4. Exterior of the premises must be trust be cleared of all debris by 7:00 a.m. each day, after the establishment is open for operation. This shall include the frontage of the property from its fad ade to the curbhne. 5. This license shall be non- transferrable and shall be Feld exclusively by the applicant. Any individual seeking to acquire licensure under Section 150 of the City Charter and Code, other than the applicant, shall be required to apply anew. 6, The license shall apply exclusively to the location listed on the application 493 Delaware Avenue, which combined 491 -497 Delaware Avenue for taxation purposes. The property commonly known as 493 Delaware Avenue shall be the only property licensed through this application. 7. The licensee shall provide security at each of its exits and said security will enforce a policy that does not permit removal of alcoholic beverages from the interior of the premises commonly known as 483 Delaware Avenue. 8. 'I hat the licensee enforce a policy that there be no loitering outside of the premises either in front of or behind the premises for purposes of dritikin- j 9. That the licensee keep the parking lot behind the building free and clear of individuals s. or drinking. 10. That the licensee promptly respond to any and all complaints from the neighbors and/or police of excessively loud music, unruly patrons or people loitering. 11. That the licensee shall keep all entr way and exit doorsc loseda �n then doors be propped, hinged or kept opcn.pX ��- IJ �'` & :� Passed. 4(( '� d �-�(�?' i ; s FIT�relt, W < C A a n C GVirF 1C. TAB:rmv '1 I 0- 28a.doc 41 (Rev. 1193) Single Pagc Communication to the Common Council To: The Common Council: Date: October 17, 2008 hrolm Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Second hand Dealer [: 283 West Ferry (Niagara) { TVDC in UDDer and : Ls ower Case Ottly Prior Council Reference: (If Any) Ext. Q_Lt m_No. xxx, C.C.P. xx lxx/xx ): "Text ( Type Single Smpc _below): t Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second bland Dealer License located at 283 West Ferry and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, fire Department and building Inspections. .I find it complies with all regulations and other applicable laws. l have caused an investigation by the Police Department into the moral character of Mark Specse. The attached thereto for Mark Speese dlb /a. Kent A Center. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO ITT ON LGISLAIO ' (1yp e Department I:.lead Name: JAMES COMEKhOKD kw 'Title: DEPUT COMMISSIONER Signature of Department Head: JC:PS:.id r i1U Interdepartmental Memo Date: October 17, 2008 To. James Comerford, Deputy Commissioner From; Patrick Sole Jr., Supervisor of Licenses RE: Common Council Communication Second Hanel Dealer at 283 West Ferry Per City of Buffalo Ordinance Chapter 254, the following is a check. list of requirements for y �Second Eland Dealer application to the Common Council: Zoning Office 1''lre Prevention 0 �Audding Inspection Police Department Police Record Check CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HAI,I., BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: RENI" A CENTER LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 283 FERRY WEST BUSINESS PHONE: (716) 883 -3435 COUNCIL DISTRICT: POLICE, DISTRICT: APPLICANT NAME: APPL. PHONE: 0 - APPLICATION NUMBER: 552192 REFERRAL DATE: 09/05/2008 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: ZL a ROVED DATE: DISAPPROVAL CALLBACK DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT r,. AFTER INSPECTION PLEASE COMPLETE ANI} RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. APP8102_rp, CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZ(iERALD APPLICATION FOR: RENT A CENTER LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE- REMARKS- DISAPPROVAL REASON: 283 FERRY WEST (716) 883 -3435 0- 552192 09/05/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: OVER DATE: DISAPPROVAL CALL BACK DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Apps"pl.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: PIK£: PR1sVEN'TI0N REFERRED TO: LT POCZKAI,SKI APPLICATION FOR: RENT A CENTER LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 283 FERRY WEST BUSINESS PIIONE: (716) 883 -3435 COUNCIL DISTRICT. POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: (} W APPLICATION NUMBER: 552192 REFERRAL DA'Z'E: 09/05/2008 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2009 (TO BE COMPLE'T'ED BY AGENCY /DEPAR'T'MENT REFERRED TO) PPRO V ED DATE DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: *"*REASON FOR DISAPPROVAL MUST BE STATED BELOW" REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Rppsrn2.,-nr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: RENT A CENTER LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 283 PERRY WEST (716) 883 -3435 O - 552I92 09/05/2008 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: 1 , J Idd I DISAPPROVED DATE: NEW LICENSE 2009 REMARKS: 06 DISTRICT CAPTAIN: APPROVED DATE: l DISAPPROVED DATE: ** *REASON FOR DISAPPROV,.A.L MUSMBE STATED BELOW * ** REMARKS: COMM. OF POLICE: DePUty Ccommissi AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. nnpsrp2.rpr Page 3 of 4 BACKGROUND REPORT SUMMARY Package Name: PER COMPONENT STATU-5 DISCREPANCY $CARE ADDITIONAL SEARCHES-ORIDEREQ Cholcepoint National Criminal Pile Completed N Felony Including Misdemeanor Completed N Remarks * There is inconsistency between what the consumer provided versus what Choice Point's research confirmed. Please refer to the corresponding detailed component report section for additional information. ** Further review is required by the client to determine the consumer's eligibility based on background check results. Please refer to the corresponding detailed component report section for additional infonmation. SOCIAL SECURITY NUMBER VALIDATION The Social Security Number Validation is a process where the SSN is confirmed as being Issued by the Social Security Administration. The Social Security Number Validation also confirms that the SSN does not belong to a deceased individual. Valid SSN7 Date ssued State Issued Re Deceased? YES BETWEEN 1968 -9969 MICHIGAN NO Disclaimer: The results of the Social Security Number Validation do not provide a verification that the Social Security Number belongs to the Consumer of this report. PUBLIC RECORDS Disclaimer: The ChoiceF'olnt National Criminal T=ile Search is a search against all repositories In the database. Local courthouse searches are an approptiate supplement to ChoicePoint National Criminal File searches. DA IME-SEARMS Search Type ChoicePoint National Criminal File Search Search Results NO RECORD FOUND Type of Search Choicepoint National Criminal File Search Date of Search 1010112008 Address Covered Address City Covered Address County Covered Address State Covered Address Zip Records Source 5600 CHAMPION DR PLANO COLLIN TX 75083 DATABASE SEARCH Given Name Searched MARK SPEESE Search Type FELONY INDEX SEARCH INCLUDE Search Results NO RECORD MISDEMEANORS FOUND https: / /www.cpsereen.cornlpublCP Screen /orderVie w ingl6'70A6lF5AAE6AF451A14EFE... 10/3/2008 OUL.APrLIV.DUC OFFICE DF LICENSES, 313 CITYHALL FU FAL(O_ ]VA.W YORK 14202 851 -4078 LICENSE APPLICA'T`ION APPLICATION MUST BE COMPLETED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS {PLEAS), CIMCK LIC$NSE CATEGORY APPLYING FOR) USED CAR HEALER SECONI!.) AND DEALER ._.._,..._.._ _$ CRAP PROCESSOR GARAGE SALE WHOLESALE NNK PAWNBROKER FLEA MARKET (NO, OF VENDOR _) DATE SEp 0 5 2008 pert APPLICANT NAME APPLICANT HOME PHONE APPLICANT ADDRESS (3VE].,STRI4I:T) tCITYfTE1WNOAVII.LAGE) t5'TA'TE1 (ZTP) CO-APPLICANT NAME CO- APPLICANT HOME PHONE CO- APPLICANT ADDRESS �{3., STRItET) {CITX,TOVYN OR VD.LAGE) (STA3`E) (71P) CORPORATION NAME ent W4 G ATE INCORPORATED___, BUSINESS NAME _ R ent '" A C ► ite r �r 0 X1°'4 BUSINESS ADDRESS 2 $ 3 W � BUSINESS PIIONE 71{0$W FA7{it'�rD1? APPLICANT NOME PHONE S'TAT'E TAX ID NUMBER 4 DATE OF BIRTH PLACE OF BIR ARE YOU A U.S. CITIZEN HAVE YOU EVER BEEN CONVICTED OF A CR[MF,7 IF, SO STATE WHEN, WHERE, NATURE OF OFFENSE AND DISPOSITION LIST PRINCIPAL OFFICERS OF CORPORATION (IF APPLICABLE) (NAME) (ADDRRSS) - (NAME) (ADDRESS) (NAME) (ADDRESS) P _ , (PAWNBROKER ONLY) GIVE SCHEDULE OF RATES PROPOSED TO. BE CHARGED. (NAME) (A)MSS) (NAME) (ADDRESS) (NAME) (ADDRIE -W Subscribed a warn to before me IN 5 Day o 20 O Cj#y of R%g4U X y VnrFr Applicant Signature -.. r O F N l"tarY Public, Sta of Tex Y C© +raiss)on expires eebltrary 03, 212 at�, 1 > Tv ki :T f v NON REFUNDABLE APPLICATION FEE #1 (Rev. 1193) Sin I;a Communication to the Common Council To: The Common Council: Date: September 22, 2008 From: Department: De artment of Economic Dc yelo�ment Permit & Inspection Servic c � ' Division: Office of Licenses Type in Upper and L Lower Case Only I Subject: j: Sidewalk Cafe License [: 3148 Main (University) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xx/xx /xx Text ( Tyne Sin le S ace Be1ow): The Common Council approved a sidewalk cafe for the restaurant located at 3148 Main on October 3, 2006 (Item #100). The restaurant, formerly known as Mojo's is now owned by Jessica Kominiarek ( Mojo's). Ms. Kominiarek has requested permission to install a similar cafe. The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are met. f oes j . Type Department Head Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER S n,__g, ature of Department I-lead: ):;L-� RM`f:¢mz c1- C OFFICE OF LICENSES 313 CITY HALL BUFFALO, NY 14242 Phone # (716) 851 -4478 + Fax # (716) 851 -4952 SIDEWALK CAFE APPL- CAT -10N % Date `i� �Ci h 20 Applicant Name Location of Business Street Zip Code Business Phone ; 1 �- l�ln t __ Home Phone Dimensions of Cie Number of Tables Number of Chairs Briefly describe in what manner the Cafe boundaries will be installed (i.e wooden deck with railings, wrought iron railings, flower boxes with rope attached). Nate: 'I he Cafe ma► no# be enmanen #t affixed to the Main Buildin or Public Sidewalk. i f un CL ' X owner of Building Signature if different than applicant Applicant Signature FIVE COPIES OF YO1IR SURVEY MUST BE.INCLUDED WITH APPLICATION swcappf Below please provide a drawing of the proposed Cafe showing the existing building, the area to be occupied by said Cafe, and the area of public sidewalk remaining for pedestfian passage (use reverse side if more space is needed). ote: A mini urn of four feet of unintorru #ed ublic sidewalk "ST. exist after is�stalla#iun of Cafe Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated September 22, 2008, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is directed to deny a "Mere License" to Jessica Kominiarek, applicant, d/b /a Mojo's located at 3148 Main. 27 t; TAB:rniv 'F:Iwp6Mjnswordlrmv127c [ 0- 28a.doc ���a�j i *t'x'.� �l�l� -4 `H �. 1 . #] (Rev. 1l93) Si le_Nae Communication to the Common Council To: The COnnnon Council: Date: October 17, 2,008 From: Department of Economic Development, Permit _& Inspection Services Division: - Office of Licenses TVI) in Upper and L Loti C ase Only Subject: [: Wholesale Junk Dealer (: 40 Hopkins (South) Prior Council Reference: (if Any) [: Ext. (ftor No. xxx, C .C.P. xxJx "Text ( T ype S ingle S pace Below Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Wholesale Junk Dealer License located at 40 Hopkins and find that as to form is correct. 1 have caused an investigation into the premises for which said application for a Wholesale Junk Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Walter Hanley The attached thereto for Walter Hanley dlbla LKQ Self Service Auto farts Buffalo. This request is submitted I01 your approval or whatever action you deem appropriate. 0 THE COMMI m" , "Tyke Department 1 lead Name: JAMES CO.MI .RFORD "]ype Title: DEPU CO MMISSIO NI It Signatu of Department 1 lead: JC:PS:jd v Interdepartmental Memo Date: October 17, 2008 To: Jaynes Cornerford, Deputy Commissioner From. Patrick. Sole Jr., Supervisor of Licenses RE: Cor mon Council Communication Whole Sale Junk at 40 Hopkins St. Per ;City of Buffalo Ordinance Chapter 254, the following is a check list ofreduireDlents for /WWhole Sable Junk application to the Common Council: oning Office Fire Prevention Building Inspection Police Department Police Record Check. © Application e e SuIiez'visor of Licenses Date CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: IHOtJS1NG PROPERTY INS REFERRED TO: KEVIN FJT7GERALD APPLICATION FOR: LKQ SELF SERVICE AUTO PARTS BUFFALO LICENSE TYPE: WHOLESALE JUNK NEW LICENSE 2009 BUSINESS ADDRESS_: 4011OPKINS BUSINESS PHONE: - (716) 823 -0515 COUNCIL DISTRICT: SO POLICE DISTRICT: 15 APPLICANT NAME: WALTER IJANLEY APPL. PHONE: (708) 447 -1461 APPLICATION NUMBER: 550141 REFERRAL DATE: .. 05/01/2008 � (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPR DATE: -- SAPPROVED DATE: DISAPPROVAL DATE CALLBACK ** *REASON FOR DISAPPROVAL M BE STATED.BELOW * *" REMARKS: j INSPECTOR RM # EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 4ppslip2 -rpl CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 t' INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FnYGERALD APPLICATION FOR: LKQ SELF SERVICE AUTO PARTS BUFFALO LICENSE TYPE: WHOLESALE JUNK NEW LICENSE 2009 BUSINESS ADDRESS: 40 HOPKINS BUSINESS PHONE: . (716) 823 -4515 COUNCIL DIS'T'RICT: SO POLICE DISTRICT: 15 APPLICANT NAME: WALTER ITANLEY APPL.. PHONE: (708) 447 -1461 APPLICATION NUMBER: 550141 REFERRAL DATE: 0510.1/2008. . REMARKS: DISAPPROVAL, REASON: (TO BE COMPLETED.BY AGENCY /DEPARTMENT REFERRED TO) APPROVFn DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR ' RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES, THANK YOU.. RppSrrp2rpr 09- 02 -`08 09:24 FROM- . Ul'1'7[ vr ot11r.rAx.v OFFICE OF LICENSES i�-2 rrTv UAi T. 0 J %,A BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I ]DEPARTMENT: POLICE REFERRED TO: COMMCSS70NER OR POLICE '1r_'L'L roo r!_gVja APPLICATION FOR: LKQ SELF SERVICE AUTO PARTS BUFFALO LICENSE TYPE: WHo LF - sALE R NK NEW IACENSE BUSINESS ADDRESS: Busuq s iffwj"4R CtDUNCIL DISTRICT: POLICE DISTRICT: APPLICANT 'NAME' APPL. PHONE- APPLICATION NUMBER: REFERRAL DATE: REMARKS: 40 HOPKINS (';16) 0 3 -0 515 SO 15 WALTER HANLEY (708) 447 -1461 550141 05/01/2006 2009 I)VWPROVAL REASON: (TO BE COWLETED BY AGENCYIDEPARTMENT REFERRED 'TO) APPROVED LATE: DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW * �' REMARKS: coMM. OF F AFTER INSPECTION ]PLEASE COMPLETE AND RETURN THIS AppSlfpB.rpr REFERRAL TO THE OFFICE OF LICENSES. TIIANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORiK.14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT POCZKALSKI APPLICATION FOR: LKQ SELF SERVICE AUTO PARTS BUFFALO LICENSE TYPE: WHOLESALE RMK BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 40 HOPKINS (716) 823 -0515 SO 15 WAL HANL,EY (708) 447 -1461 550141 05/01/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL, BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM # EXT i AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App.7hp2.rpr Accurate Background Check, Inc. 352.291,1155 352,854.8917 fax www.AccurateBack roundCheck.com Confidential Profile of Walter P, Hanley Prepared on behalf of LKQ M inagement Attention: Penny Kronberg Phone No. 312,621.2711 pj kronberg @lkgcorp. com Account Number 646 Fax No. 312.621.1969 Applicant Profile Applicant: WaltcrP. Hanley Date of Birth:' Social Security: Reporting Date: 04107/2008 Social Security: No discrepancies were found with the information provided on the waiver. Criminal History -- ------------------ - - - - -- ------- - - - --- - -- ------------------- - - - - -� A criminal background check was conducted on the applicant in the below jurisdiction. Based on the information obtained by the jurisdiction noted below, the applicant had the following criminal history. Record State of Illinois (Cook) No Criminal Records Found within the past 7 years No Sex Offender Records Found within the past 7 years End of Report 03/13/2008 12:20 9056436166 DOMINION AUTO PAGE 04 r m gt n,.noc OFFICE OF LICENSES 313 CUT fJAL A E 10VI FAL0, Now YORK 1062 LICEMIg MgUCATION 1 �� &PPLICATION MUST WE CONPLET" jN 'FULL PHOTO Its RItgt=E.D AT TOE Of APPLICATION PIED EXCEPTIONS (P1.IGM CK�=Mc"19 CATMMY AVMVNG FOR) GR+l1' pROCPSSOR L+SED CAR DEALER � SECONDHAND DEALER --- � yy}IOL�ALS JUNK PAV MxROKER ,_GARAGE SAILS FLEA NxARVXr (ND. OF VF.H] OItS.,,.. --I DAT -- , �nr U q� I APPLICANT HOME P14ON # �,,.� _ AppT,I CANT NAME . �t (G Y E AvTgr'1£CANT AL)bRESS �yGy arraR�n t rraw+v ol►vrit.nCdtf fsrAT61 0- C0 4T HOME PHONE It co- ArntcANT NAW 1 1 C .5 OI C.�a L t+ -46v - ro..ApPUCANT A CORppRA' Bvsxl`lw uus ,nm 11usWEM STP&TE TAX 11D KU&ME ~ DA'M'S Ta OF Oval CE 0B SIQT11 A►RE YOU A U.S. CTTi HAVE YOU XVBIR 81REN CONVRCTIED OF A CRIMR ?—LIQ— IF, SO STATE WHEN. VVMPB, NATURE OF OFFENSE AND DLSPq►SlflDi+) L1 PPINCtPAI OFFICERS OF CO �PV' t 4t PL e 11 G �OG�J' GhfANtR? tADDRES.M (NASNfi! Wad g4uVimll fADD�IBSSt (NAtu.S1 t AM MOSS) OR veir.A01t) MAW Wo (PAWNMt0 nR OWLy GI(ViL ScklEDULE OF RATLS PROPOSED TO BE CHARGEfD ST Subscribed and sworn befurr me fAb Applim I Sip" Day _jfW rr 20 __ -- "01"FIC1AL SEAL" KA1RI 1(1.()C Cray of S aw Notary Public. State of 111i+uris I my Corr]missit)" Expires 1.21171'(1 I NON REFUNDABLE LICA + + v FROM THE CITY CLERK Oct 28, 2008 le1 - f , - �. . .. ;R E110 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 268 Main St 230 holly St 391 e l l icott RECEIVED AND FILED Business Name City Grill 2 Patricia A. Penske Dwain Laws Owner's Name Virgina and Scott Rossi Patricia A. Penske Dwain Laws i Oct 28, 2008 October 21, 2008 To the Honorable Mayor of Buffalo Byron Brown, Virginia and Scott Rossi are incorporating in the name of City Grill 2, and are applying for an on premises liquor license for 268 Main Street, Buffalo, NY. This is a request to waive the 30 day wait on notification. Thank you for consideration of this matter. Sincerely, ✓ _ ' Robert G. Heil Representative for Virginia and Scott Rossi 7.16 - 5 12 -5018 r October 17, 2008 Dear City of Buffalo - City Clerk: Notice is hereby given that I, Patricia A. Fenske President of Doodles Enterprises, Inc., will be applying for a on —premises liquor license (beer, liquor, wine) for retail under the Alcoholic Beverage Control law at 230 Holly Street, Buffalo, New York 14206 in the county of Erie, for on —premises consumption. Thank You, President of Doodles Enterprises, Inc. 138 Shanley Street Cheektowaga, N. Y 14206 October 23, 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 391 Ellicott St (formerly the Buffalo Icon Nightclub), Buffalo New York 14203 as a '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 drinks and a retaurant 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, Dwain Laws ; 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- x Public Works, Streets & Parks. Giuseppe A. Buscaglia X Police- Danielle DiVito Fire- Corporation Counsel- Community Services - Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. Oct 28, 2008 �1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 20, 2008 FROM: DEPARTMENT: Public Works DIVISION: Water SUBJECT: [: Leave of Absence - [: Giuseppe A. Buscaglia PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. ( Item No. xxx, C.C.P. xx /xx /xx Please be advised that Mr. Giuseppe A. Buscaglia, 18 Dakota St., Buffalo (16), has requested, and I have approved, a general leave of absence from his Permanent -Non- Competitive Civil Service position of Caulker, with the Division of Water, to allow Mr. Buscaglia to be appointed to the Provisional Title of Truck Driver (Streets). This leave of absence commences effective this date and will remain in effect for as long as Mr. Buscaglia remains a Truck Driver (Streets). TYPE TITLE SIGNATURE OF DEPARTMENT HEAD: SJS /CAM /jb Cc: James Campolong Frank Mangione Henry Jackson Pahl V. Sullivan Kathy Fay Jackie Barnett Olivia Licata Carolyn Lenczyk Dana Bobincheck Giuseppe A. Buscaglia Commissioner SINGL PAGE. COMMUNICATION TO THE COMMON COUNCIL., TO: THE COMMON COUNCIL FROM: DEPARTMENT DATE October 15, 2008 POLICE DIVISION: SUBJECT: I :Leave of Absence PRIOR COUNCIL kEIaER -ENCE: (IF ANY) : Item No. Ex. ( Item No. xxx, C.C.P. xx /xx/xx TEXT: ( "TYPE SINGLE SPACE BELOW PO Danielle DiVito assigned to the C- District has been granted an extension to her medical leave of absence without pay for the period of 6 '/z weeks commencing October 14, 20018 through November 30, 2008. HMG /tlo TY1 I)F l)ARTMI`,NT HEAD NAME: 11. McCarthy Gipson "TYPE TI7LI:?: SIGNATURE: OF T)EPARI'MENT HEAD: DATE: NAME: *SSN: XXX -- XX * * LAST FOUR (4) DIGITS ONLY RANK: UNIT: EDUCATIONAL ❑ MATERNITY ❑ . EMPLOYMENT ❑ MEDICAL \9 FAMILY MEDICAL ❑ MILITARY ❑ PERSONAL ❑ • THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO. CAP SPRAY, BADGE, WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE. FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE: DATES OF LEAVE BEGINNING DATE: t � � r END DATE: - RETURN DATE: LENGTH OF LEAVE: EMPLOYEE SIGNATURE 4 ROVpl DENIED 1 APPROVAL CONDITIONED UPON SURRENDER OF ©EPARI"MENTAL F UIPMENT POLICE INSPECTOR APPROVED I'DEN Z DATE e G V 3 POLICE CO ISSIO DATE V CC: ORIGINAL -ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL f/ No. Notices of .Appointments - Seasonal /Hat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Oct 28, 2008 #S (Rev 1-02) Certificate of Appointment (�_ -I i.` 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 proinotion(s). I further certify that the persons) named in Schedule "A" have been certified or approved by the Human Resources /Civil Smice for the Appointment Effective: in the Department of Division of to the Position of Public Works Streets Clerk 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 LAST DEPARTMENT LAST SALARY NAME Jay Malone DATE ADDRESS 309 Lakefront Blvd. CITY & ZIP Buffalo, NY 14202 LAST 4 D O F S XXX -XX -8940 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SS XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 0010 BUDGET ACCT. OBJ. 412002 PROJ, ID PERSONNEL REQ. NO 2008 -010 SALARY RANGE OF POSITION $11.11 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: /1 i.8 SIGNATURE OF APPOINTING AUTHORITY:- ORIGINAL + 3 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) S !J No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. 00 2s, zoos I!3 (Rev 1 -02) Certificate of Appointment In compliance with provisions (d Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, t transmit this certification oi' appointrrient(s) of p romotion(s). I further certify that the persons) maned i n Schedule "A" have heco certified or approved by the 141111,1n Rcsourccs /Civil Scl vice for the Appointment effective: 10/17/2008 ill the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT �.Elitcr Starting Salary) : Starting Salary cif: 1111 LAST JOB TITLE Sr. 1 Class Stationary Engineer NAME Timothy M. Keenan LAST DEPARTMENT Buildings DATE 10/04/08 ADDRESS 77 Carlyle Avenue LAST SALARY $11.11 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX - 88 60 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 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 1 SIGNATURE OF APPOINTING AUTHORITY: Steven J. Ste niak Commissioner of Public Works, Parks & Streets i0/02/2008 / OK16INAL + 3 C UYI�� t U: l l 1 Y [ � tKtB�(Vtvrts�r �r`c rsrrvrry a iviciu i vr� r_c1 OTHER COPIES TO: #5- COMPTROLLER ##6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET 48- DEPARTMENT #9- DIVISION 410- EMPLOYEE(S) 0 (Rev 1 -02) t v Certificate of Appointment d a In comtrhaoce with provisions of Section 24 -2 aC the Charter and Chapter 35 -1 of the Ordinances of the City ol` M3 ffalo, 1 transmit dais certification of appointments) or promotion(s). 1 further certify that the puison(s) named in Schedule "A" have been certified or approved by the Itmllan Rcsourccsl(:'ivil Service for the Appointment Effective: 10/21/2008 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FIAT tEnter Starting Salary) : Starting Salary of: $11.11 LAST JOB TITLE Laborer 11 NAME Cherie Ciaudella LAST DEPARTMENT Buildings DATE 10/03/08 ADDRESS 2219 Bailey Avenue LAST SALARY $12.08 CITY & ZIP Buffalo 14211 LAST 4 DIGITS OF SSN XXX -XX -3733 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2008 -004 SALARY RANGE OF POSITION $11.11 PER YEAR DAY HOUR 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.: 10/02/2008 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY RK ONIBEFORE APPOINTMENT GATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLQYEEts) 113 (Rev 1-02) / l � U Certificate of Appointment In campliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of'thc Ordinances of the City of BLIMIO, I transmit fibs certification of appoinunent(s) car prornotion(s). I further certify that 1heperson(s) marred in Schedule "A" have hecti certified or approved by the Human Resourec°s/Civil Service for the Appointment Effective: 10/21/2008 in the t epartinent 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 jEntcr Starting Salary) : Starting Sabry of $11.11 LAST JOB TITLE Sr. 'I Class Stationary Engineer NAME Earl J. Mekelburg LAST DEPARTMENT Buildings DATE 05/13/07 ADDRESS 1186 Seneca Street LAST SALARY $10.25 CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN, X XX - XX - 0316 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN, XXX - X X- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROD, 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: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 10/02/2008 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES KO: CIT1&j�itK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #B- DEPARTMENT #9- [DIVISION 910- -EMPLOYEE(S) 113 (Rev 1 -02) Certificate of Appointment 1 3n compliance with Provision-, of Section 24 -2 of the Charter and Chapier 35 -1 of the Ordinances of tine City of Buf alo, 1 transmit this certification of appointments) or prumodon(s). 1 ttrrther certify that the persons) milted ill Scliedule "A" haw been certified or approved by the Human RcsourCCS /Civil Sel - VICC for the Appointment Effective: 10/22/2008 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat. (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $11.11 LAST JOB TITLE Combustion Inspector NAME Mark Blake LAST DEPARTMENT Permit & Inspection DATE 10/08/08 ADDRESS 158 Dundee Street Services LAST SALARY $43,000 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -2791 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT, OBJ. 412002 PROD. ID PERSONNEL REQ. NO 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 10108112008 d .. -. UKIl7lNAL + 6 i;UY1t5 I U: U1 Y ULI:7KN 1-1114ftIcr•Urcr MrrUllV 3 EjY! unj L- OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) POSITION ALLOCATION MAINTENANCE FORM Me Department/Division Original PR No. Title Code No. Salary Budget Function No. Reason for appointment (check one) Type of Status Change (check one) Type of Appointment: 0 Permanent ❑ Contingent Permanent Provisional ❑ TOMPMMY ❑ seasonal comments Employee bfo_rm_gfgn• Cr Laborer H AN 1��1s a� Public Works. Parks & Streets = Builifinkys 2008-037 E622 $24 13296001411001 ED status cheap El Reintsatement la 5 91temen, epcemel 's ❑ From Temporary to Pro • iond From Temporary to P eat 10 ❑ From to rm Provisional anent I 'ment ❑ From Contingent P a an rmncnt to Other 0 Competitive 0 Non- Competitive [:1 Extension Name Curtis McN / SS# Address 696 Taunton Place 1 DOB +14 City z State NY .!.7,ipCc& I A 2 J 01 , f . - = T I MA EWAN"= , M 74, Send original COPY signed by Dept. Head to Budget Send or e-mail Civil Service a'copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clark and Budget * Applicant appointed on or after this date NON- OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS Oct 28, 2008 THE Lt U L AIU tiUK�AU OF BUFFALO, INC. DAVID C'. SCHOPP Executive Attorney October 20, 2008 Gerald Chwailnski, City Clerk City Hall, 13' Floor 65 Niagara Square Buffalo, NY 14202 Attn: Hon, Brian C. Davis Chairperson of Finance Committee Dear Chairperson Davis, =.A f.� 237 Main Street - Suite 1602 Buffalo, New Yoj�k 14203 -2778 Phone 716 - 853 -9555 Fax 71.6 - 853 -3219 CIVIL Lk:( " =A1, SERVICES UNrr LMAR. GKAD Aicravrf_ Santos Stall Aumlcy Staff Attomcys SHERReli ML'ADO &'S MIE:71 I PACIFICO Enclosed please find a copy of our Monthly Report and Monthly Activity Report for September 2008. Please feel free to call me at 853 -9555 Ext. 453, or our Housing Attorney, Sherree Meadows, at 853 -9555 Ext. 555, if you have any questions. Ve truly yours, DA V ltlm � Dorothy Ad ms Investigator Housing Unit Enclosures P-k FILED 10 .1i"'�,�"--' TF1P f 1 - .'!'S A T A Tres nr Tn A Y T I F t'lt� t 2NL, t DUMrAU (, OF BUFFALO, INC. HOUSING COMPONENT of the C1`VfL LEGAL SERVICES UNIT MONTHLY REPORT FOR SEPTEMBER 2008 Cases on Hand on September I, 2008 276 New Cases Received 59 Closed Cases Reopened 0 335 Cases Closed II Cases on Hand on September 30, 2008 324 Court Appearances: 132 Sherree Meadows, Esq. 110 David Chadwick, Esq. 8 .Lisa Gradascevic, Esq. 4 Nadine Patterson, Esq. 10 Total Cases Received Since January I, 2008 393 Total Cases Closed Since January i, 2008 308 DAVID C. SCHOPP ( EXECUTIVE ATTORNEY The Legal Aid Bureau of Buffalo, Inc. Housing Component of the Civil Legal Services Unit September 2008 Report Pagc 2 SOURCE OF CASES Former Client 6 Ref By Former Client 0 Lawyer 0 Agencies 0 Publicity 0 City 53 County 0 State 0 Federal 0 Other 0 59 CLASSIFICATION OF CASES Contracts 0 Evictions (Property Condition At Issue) 2 Evictions (Property Condition Not At Issue) 6 Evictions (Discrimination) 0 Foreclosures (Tax, Sewer Rent, User Fee, Water) 28 Lock -Outs 0 Ordinance Violations 22 Repairs 0 Security Deposit 0 Water Shut -Offs 0 Miscellaneous 1 59 SOURCE OF INCOME Employed 22 Welfare I Unemployment Insurance I Social Security/Pension 7 Disability I I Other 17 59 The Legal Aid Bureau of Buffalo, Ine. Housing Component of the Civil Legal Services Unit September 2008 Report .Page 3 I, INVESTIGATED & CLOSED AT INITIAL INTERVIEW a. Financially Ineligible 2 b. Referred Elsewhere 0 G. Advice Only 4 d, Conflict 0 6 II. DISPOSE OF WITHOUT LITIGATION AFTER INITIAL INTERVIEW a. Investigated & Advised 0 b. Settled 0 C' Other 0 0 III. EVICTION LITIGATION a. Successfully Concluded for Landlord 0 b. Unsuccessfully Concluded for Landlord 0 c. Successfully Concluded for Tenant 5 d. Unsuccessfully Concluded for Tenant 0 e. Problem Resolved 0 f, Other 0 5 IV. ORDINANCE VIOLATION LITIGATION a. Successfully Concluded 0 b. Unsuccessfully Concluded 0 c. Other 0 0 V. FORECLOSURE LITIGATION (Taxes, Sewer Rent, User Fee, Water) a. Successfully Concluded 0 b. Unsuccessfully Concluded 0 0 Tloo l nasal Aim Rivyansk of nvittaln ine Housing Component of the Civil Legal Services Unit September 2408 Report Page 4 VI. OT14ER LITIGATION a. Successfully Concluded Emergency Motions 0 b. Unsuccessfully Concluded Emergency Motions 0 C. Other — Successfully Concluded 0 d. Other — Unsuccessfully Concluded 0 0 Vll. TERMINATED BY CLIENT a. Lapsed 0 b. Withdrawn - Problem Resolved 0 C. Withdrawn - Other 0 0 J, MONTHLY ACTIVITY REPORT CDBG YEAR 34 THE LEGAL AID BUREAU OF BUFFALO .INC. SEPTEMBER 2008 SUMMARY OBJECTIVE To provide services to a total of 205 unduplicated program participants by the end of the contract period. NUMBER OF UNDUPLICATED PERSONS SERVED THIS MONTH: 59 (exclude persons served during the previous months of this CDBG year) 4601 UNIT OI± SERVICE OBJECTIVES To provide Client Interviews /Advice for Homeowners, Landlords, Tenants serving an average of 1 participant per session, and offering at least 15.5 sessions per month for 10 months during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: (attendance this month) 83 4602 To Provide Court Appearances for Homeowners Landlords & Tenants serving an average of 1. participant per session, and offering at least 50 sessions per month, for 10 months during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 132 (attendance this month) J j` `J 4603 UNIT OF SERVICE OBJECTIVES To provide S et t lement Negotiation for Homeowners, Landlords, Tenar is serving an average of participant per session, and offering at least 4 sessions per month for 10 month during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 5 (attendance this month) 4604 To provide Investigations of Housing Conditions of H omeowners, Landlords, Tena (target group) serving an average of 1 participant per session, and offering at 4 sessions per month, for 10 months during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 25 4605 To provide Advice over the Telephone for Homeowners Landlords Tenants (target group) sewing an average of 1 participant per session, and offering at least 1.50 sessions per month, for 10 months during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 243 4606 To provide Presentations for Homeowners, Landlords, Tenants (target group) serving an average of 25 participants per session and offering at least 2 sessions daring the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 0 41C 4, t M V aae a -9x" 8� "$gym -o-4 MICHAEL P. KEARNS PRESIDENT PRCT TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, - 1401 CITY €1AL1_ € UFFALO , NY 1 4202-3318 P] ]ONI:: (710) 851 -5169 ® FAX: (716) 851 -4294 E -mail: mkearr7sC� city- €��Ifalo.com CHAIRMAN FINANCI WATERFRONT DEVEI_C)PMENT C0lMM1TTEFS B[A)GE1 BURR CIVII S[RVICE CLAIMS RULES SFNIOR LTGISLA1IVE ASSISTANT MARTI IA-ANN MURI'I W MEMORANDUM T0: Gerald Chwalinski FROM: Councifinember Kearns DATE: October 27, 2008 RE: Lawrence W. Griffis and Waterfront Art I would like to file the attached information for the next Common Council meeting to be held on October 28, 2008. Thank you. "For the Pe ople , " f; ". CwuncHim-QirnbQr Kearns From: Lawrence W Griffis {larrygriffiis @roadrunner.com) g Sent: Wednesday, October 01, 20081 :05 FPM To: Councilrnember Kearns Subject Waterfront Art Dear Councilman Kearns, Thank you for meeting with me this morning October 1, 2408. 1 would appreciate the opportunity to share what I know about public art and how it can apply to the Buffalo Waterfront. I would present a slideshow showing art in other cities with the idea of stimulating discussion toward developing our own unique art attraction. Leading with art has for years increased development and public awareness. Since Buffalo has been a leader in art with many fine museums and art works from the past, it is time to renew our dedication and find the necessary funding for art. There is a law in Buffalo that states 1% of a buildings budget should be dedicated to the arts. We should look into this and see if it is working. I am sure we can develop a fascinating Sculpture Park along the waterfront trail. Best Regards, Larry Griffis III R Tn THE SPECIAL COMN -IT DEVELOPMENT I John Maxfield Hague & family 186 Linwood Avenue � '� � s') , -�,, Buffalo NY 14209 -2010 (716) 882 -5761 11 October 2G? -)8 Honorable Byron Brown 201 City Hall 65 Niagara Square Buffalo, New York 14202 Re: April UPDATE on illegal yard signs at UB /MD office at 300 Linwood Avenue To: Mayor Byron Brown and Council Members Franczyk and Rivera. The subject medical office in our neighborhood has been open for a few years in a formerly vacant pharmacy buiioincg, and is zoned "R4. it has a large and unnecessarily prominent three -sided sign comprising three blue- and -white 4 -foot by 4 -foot metal panels that are almost two feet too high, above grade. They violate limits specified by the Buffaio Preservation Board Certificate of Exception of 27 Aoril 2001, enclosed. My review of Buffalo Code, Sections 337 (SIGNS) and 511 (ZONING), indicates that a billboard, pole sign, or ground sign, as defined in §387 -2 (Word Usage, Definitions), is not appropriate in the front yard of an R4 building in a residential preservation district, halfway to the street. it is wrong for three reasons: Illegal height. --- "...sign is not to be More than 5' H (OVERALL HEIGHT) & BE 1' OFF THE GROUND..." (Buffalo Preservation Board 27 April 2001). Overall height was recently measured as 6' 9" and distance from ground to lower edge is 2' 9 "— almost 2' too tall. Visual clutter — "...all such signs contribute to the increasing visual clutter which has increasingly characterized many major thoroughfares" (§387-27B) Traffic safety -- "No sign shall ... obstruct, impair, obscure or ... mislead or confuse vehicular or pedestrian traffic" (§ U7-4A(4)). The sign partly obscures the view of intersectil Ig traffic on Utica Street. We and many neighbors have been fruitlessly protesting this intrusive illegal sign fo�ars. I have made scores of calls to your Mayor's complaint line and to Lou Petrucci and others in the Inspections Dep't. The latest rebuff, on 10 October, was a statement from Deputy Commissioner Jim Corfrerford -hat "...at this time we were not pursuing the matter." WHY NOT? We have lived in and improved this neighborhood since 1981- - much longer than the UBIMD operation at 300 Linwood, and request, again, that you or the Common Council or (most appropriately) the administrative functions of Buffalo such as the Office of Inspections in the Dep't of Inspection and Permit Services take action to uphold the law and reverse this bl tit on our nee hborhood. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL John M. Hague ADD 'SHE DEPARTMENT OF EDPI Also known as 312 Linwood Avenue Cc.''Council President D. A. Franczyk, Niagara Councilman David Rivera, Deputy Commissioner Dep't of Inspections Jim Comerford, Linwood Preservation District & Friends block club 1rho '�1I�f n (fin T ri (f`nrt riY MICHAEL J. LoCURTO DELAWARE DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1405 CITY HALL. BUFFALO, NY 142 02 - 3318 PHONE: (716) 851 -5155 4 FAX: (716) 851 -4553 E -mail: mlocurto @c:ity- buffalo.c:om LEGISLATIVE ASSISTANTS PAL I ALA(; NA BRADLEY K. HAMM SAMUEL SA"Mober 23, 2008 Gerald Chwalinski 1302 City Fall Buffalo, NY 14202 Re: WNY Foreclosure Study Dear Mr. Chwalinski: 1 Do r vpzE CHAIR COMMUNLTY DFNELopmFNT COMMITTEES LEGISLATION FINANCE BUDGET BOARDS BURA `r ) Please file the attached item for further discussion at the next Common Council session to be held on October 28, 2008. Thank you in advance for your assistance in this matter. Sincerely, Michael J. 1, Curio 4 \s l -- Working for Today - Planning for Tomorrow WESTERN NEW YORK LAW CENTER, INC. 237 Main Street, Suite 1130, Buffalo, New York 14203 Telephone: (716)855 -0203x 104 Fax: (716) 270 -4005 October 23, 2008 Michael J. LoCurto Delaware District Council Member 65 Niagara Square, 1405 City Hall Buffalo, New York 14202 -3318 Dear Couneilmember LoCurto: E -Mail; wiiyle a)wnyle.com clyr ch cr,wUlc.c As you know, the Western New York Law Center is conducting a foreclosure study to ascertain the impact of this current crisis on the City of Buffalo and Erie County residents. We have been giving presentations on our findings to interested groups including BURA, the Erie County Legislature's Distressed Properties Task Force, the Buffalo Niagara Association of Realtors, the Partnership for Public Good and at the Ending Homelessness Symposium. We have been able to map out foreclosure filings according to Council District and thought that members of the Common Council might be interested in this information. We are happy to schedule a presentation for the Council. We can either conduct it at City Ilall or here at the WNYLC office. We would also use this opportunity to inform the Councilmembers about the grants WNYLC has received from NYS DHCR and the NYS Banking Department to assist homeowners facing foreclosure. Please let me know whether the Councilmembers are interested in this presentation and we will do our best to schedule it in the near future. Sincerely Kathleen A. L THE COMMITTEE Supervising Attorn 914 tH 1 L ES T°. Cc: Honorable David A. Franczyk, President, Common Council Joseph Kelemen, Esq. Executive Director, WNYLC A Grantee of the IOLA Fund of New York, Inc. TO: Gerald Chwalinski FROM: Councilmember Kearns DATE: October 14, 2008 RE: Letter from Christin Michener concerning larking 1 world like to file the attached information for the next Common Council meeting to be held on October 21, 2008. Thank you. t.,hrr tin .lVichezter S Oschawa Ave 'West Seneca, To Whom It May Concern, I live on the border of West Seneca and Buffalo at 18 Oschawa. 1 pay bath West Seneca and Buffalo taxes. The beginning part of my driveway is Buffalo. My West Seneca neighbor at 20 Oschawa owns the City of Buffalo house at 16 Oschawa in which he rents. In West Seneca there is no street parking. 'Hicre is Buffalo parking on 1 side of the street which is the opposite side of which I own my house. My Buffalo neighbor insists on parking in front of her house which blocks me from getting in and out of my driveway. This has developed a parking issue. I have spoken to my neighbor regarding arty concern and she advised me that this parking is perfectly legal. What I don't understand in Buffalo, is why there is parking on both sides of the street I live on, but not on any surrounding Buffalo streets in my neighborhood? What's most annoying is that my neighbor's car is the ONLY car parked on the opposite side of the street, and it is left there for WEEKS at a time! Last year we had numerous incidents involving Buffalo school buses unable to get up and down the street. At lam they would be in front of my house laying on the horn until someone moved the car parked on the opposite side of the street. The car was moved either by the renter, or the landlord. I did call Buffalo police, but by the time they responded to the call, it was too late. The car had been moved. I called the bussing system to complain and was told that the bus drivers have to radio in any issues they have. West Seneca snowplows our street. Last year they side swiped the side mirror right off the neighbor's car that was parked on the opposite side of the street. Also the senior citizen living across the street from me, who is also a Buffalo tax payer, had an incident this summer backing out of her driveway. She backed right into the neighbor's car as it was parked on the opposite side of the street. My issue is that from my house to Indian Church is Buffalo parking. There is parking on both side of the street and it is MOST inconvenient for me and my tax paying neighbors. I am requesting a NO Parking sign be put up. This way there is only parking on 1 side of the street permanently. I'm also requesting that this No Parking be enforced by Buffalo. I'm also asking that West Seneca enforces the No parking sign that is in place for winter months so the snow plows can get through. If this makes my neighbors park in their driveways, than so be it, that's what they are there for, right? I have notified the West Seneca Highway department about this situation. I was told that this is a Buffalo parking issue. It would be nice to see the two jurisdictions working together to resolve this on going issue. I have also attached and labeled pictures for you to view and see how much a NO Parking sign is needed here to clear up this matter. Sincerely. 18 Oschawa Ave REFS RED O THE ITT Buffalo, NY 14210 N GI SLA T IOK AND THE COMMISSIONER OF PUBLIC WORKS, PARKS � AND STREETS ry Chew are No Parldm lions. Since we axe the border, we do not get patroled mou,6 -h to enforce this i:rs1Le. The top Act e shows a car parking in front of a Fire hydrant. Flo the bottom pictnre i8 a . o Parking sign in front of y house that u t b'e`t Seneca lout there that the neigihbor, to not like to obey Clean=ly there is plenty of parld% on the opposite side of the ,trees. < r.M a IL R l a t 9 rs + - r r 4 +p 5 non vR v r C L ?1� t � Peter & Joanne Certo 776 Columbus Parkway Buffalo, NY 14213 Elizabeth Martina 774 Columbus Parkway Buffalo, NY 14213 October 21, 2008 Re: LEGAL RULING REQUEST REGARDING PBA -OWNED PROPERTIES ON BUSTI AVENUE Dear Council Members, We respectfully request your help to obtain a ruling from the City of Buffalo Legal Department regarding the hazardous condition of properties owned by the Public Bridge Authority (PBA). The properties in question are: 757, 765, 771, 777, 783, 791 and 793 Busti Avenue, Buffalo, 14213. We have formal, properly filed, complaints on file with the City of Buffalo Housing Inspection Department. The city has formally acknowledged our complaints. Yet no action to bring the properties into code has been taken. City Mousing Inspector, Steve Pieri, surveyed the houses and issued a letter to the PBA on March 12, 2008. The PBA response to Mr. Pieri`s letter, dated April 10, 2008, is enclosed. Tony Brounscheidel, PBA Facilities Manager, stated that no action will be taken on any of the Busti Avenue properties until a Record of Decision (ROD) is reached. The anticipated date for a ROD was July 2008. Apparently, the PBA believes it has the legal standing to ignore City housing law, while acting as slumlord of these properties, refusing to bring them up to housing code standards. Their prolonged neglect will only exacerbate the already hazardous conditions that, as "backyard neighbors," we are forced to endure: = The properties are a breeding ground for rats and feral cats. The PBA is aware of this chronic problem. + Illicit drugs are bought and sold behind the homes. Prostitutes frequent the property. The PBA is aware of illegal activity occurring on their property. = Used needles, condoms and other paraphenalia are discarded behind the houses. Cars drive illegally behind the houses at a high rate of speed which has endangered our property and our safety. = On one recent night, in the yards behind 765 and 771 Busti, of 2 :30 am, a car was speeding recklessly for several minutes before finally crashing into a tree. We contacted Police, and the car was eventually towed. At no time that night was there evidence of a PBA pesence. At times like these, we, in effect, become "custodians" of the properties. The PBA has never publicly addressed this. u 2µ-- -Legal Ruling Request • Our garages, storage sheds, and cars are frequently broken into. Private property is constantly stolen. The backyard fence between 768 Columbus Parkway and 765 Busti is knocked down by criminals on a regular basis, so they can park on Busfi while committing crime on Columbus parkway. The access allows them to escape faster and evade detection. • The properties are not secure. Oraffitti is evident on interior walls of the houses. Clothing is discarded inside of the homes, Plywood has been ripped from windows. • There is no lighting behind any of the properties. 771 Busti Col._$. H. Wilkenson Home ca. 1865 • The National Historic Wilkenson house was purchased in 1995 by the PBA. The property has remained unoccupied, unattended, and blighted since its purchase. The structure is deteriorating. The roof is imploding. The exterior walls are water damaged. The interior has been badly vandalized. Today, drug users and prostitutes drive cars behind the home to conduct their illicit business. Exterior and interior decay of 757, 765 and 771 is rapidly increasing, causing collateral damage to adjacent properties next door and directly behind them on Columbus Parkway. • 773 Busti is occupied. Residents sandwhiched between blighted, decaying properties must live within inches of dangerous conditions. The Public Bridge Authority has owned most of these properties for 13 years. They have consistently demonstrated a callous disregard not only for the properties on Bust! Avenue but also for the surrounding community. They have intentionally and systematically blighted our neigborhood, recognized by the National Trust for Historic Preservation and the Preservation League of NYS as one of the most historically significant and endangered districts in the City of Buffalo, the State of New fork and, indeed, the nation. Liven the City of Buffalo refers to the irresponsible management of the PRA properties in their 17EIS comments dated November 2007; "Further explanation is needed as to how the PBA willfully comply with city building property maintenance code regarding properties it acquired between 1995 and 1999 along Busti Avenue and Vermont Street. These properties are in disrepair and eroding neighborhood character. %li 3--- -Legal Ruling Request Therefore, We request a legal ruling on the PBA's position relative to maintenance of their Busti Avenue properties. • That no action to bring the houses up to code can to be made until a Record of Decision is issued for the proposed peace bridge expansion. • The PBA has the legal authority to refuse to comply with city building and property maintenance codes, • The PBA, as owner of an historically significant property (771 Busti, ca. 1865), can intentionally destroy its history by sheer neglect and with impunity. • That the residents near these properties must endure illegal activity and health and safety hazards relative to these properties resultant from inaction by the PBA and the City of Buffalo. As responsible taxpayers, we make every effort to be good citizens. As homeowners, we must live within the housing code laws set forth by the City, not above them. Unslurnming Busti Avnue will restore vitality to the surrounding neighborhood. Stopping the decade -long period of blight imposed upon this community by the PBA is the only right and proper thing to do. The economic value of old housing in the Columbus Park - Prospect Hill historic district is irreplaceable. it was created over time, and is a value that a vital city neighborhood can only inherit and sustain through the years. No entity has the right to destroy it. Sincerely, Peter Donne Certo , 776 Columbus Parkway, Buffalo 14213 M ark Westerh olt . 774 C m s ar a , 13 lo, 4213 John and Emily MarfiQp, 772 Columbus Parkway, Buffalo, 14213 Cc: Honorable David Franczyk, David Rivera, Michael LoCurto, Brian Davis, Joseph Golumbek, Mickey Kearns, Bonnie Russell, Darnone Smith, Richard Fontana Kathy Mecca, President, Niagara Gateway Columbus Park Association —� Catherine Schweitzer, WNY Representative NTHP, Executive director Baird Foundation _4tt 4/. ' t�Regional Director of Technical and Grant Programs, Preservation League of NYS REFERRED TO THE COMMITTEE CAN LEGTSLATTON AND THE COMMISSIONER OF EDPI i� \�� i j � � � 1� ��w� ������ � � 1 �s ���r � ��J Col. S. H. Wilkenson Home 771 Busti Avenue i • 1.865 Italianate style home built by Col. S. H. Wilkenson, a Civil War veteran. The three -story brick ltalianate house is one of the oldest properties in the project demolition zone and is scheduled for demolition for the peace bridge expansion prc3jeet. • It was built by Colonel Samuel H. Wilkenson before 1866. • This home can be clearly seen on an 1866 map of the City of Buffalo. The family and the property may have been involved in the Underground Railroad, especially since a tunnel is known to exist in the basement. • This building is called "one of the finest buildings of its type surviving in Buffalo_ "Thanks to the community, it is now listed on the National Register of historic Places. • Samuel 11. was a grandson of the Buffalo mayor responsible for Buffalo harbor's naming as terminus for the Erie Canal, which connected trade from the eastern United States with the west via the Great Lakes. • This great mayor was also a leading abolitionist who spearheaded the establishment of Liberia. He was also "a parishioner at the Breckinridge Church and was known to assist slaves in crossing to Canada" With a grandfather like Samuel, Sr., who encouraged such attitudes in his sons (Samuel Jr. was President of the Buffalo City Anti- Slavery Society, and John was Secretary to his father's National Colonization Society and was Consul to Turk's Island in the West Indies), there is a strong likelihood that Colonel Samuel It Wilkenson was also an abolitionist. • The National Historic Wilkenson house was purchased in 1995 by the PBA. The property has been left unoccupied, unattended, and blighted since its purchase. • The structure is deteriorating. The roof is imploding. The exterior walls are water damaged. The interior has been badly vandalized. Today, drug users and prostitutes drive cars behind the home to carry out their criminal acts. Recently, a car drove behind the historic house at a high rate of speed, hit a tree, and. then smashed into the corner of the house further damaging the base of the structure. 771 are adjacent to an occupied home at 775. The structures are separated by a matter of inches. The continued deterioration of the Wilkenson house has caused collateral damage to the house next door to it. The homeowner at 775 Bush as well as the residence on Columbus Parkway has lived with the neglect caused by the PBA for 13 years. 3 771 Busti, Cal. Wilkenson House continued: "They have had to endure years of looking at rotting properties, intentional neglect, vandalism, fires, squatters, rats, and recently a host of prostitutes and drug users who use the darkness behind a block of homes to deal drugs and commit unlawful sexual acts. LI -Ole -Rc, c cax& , r-v' k3 F/ 1 ) 3 ,61wsrl 71 +qcen 41, -/De 14 -/., d)- 0 F �.Y . -), /I Z" t4 ?"?,c x / /7- ql, g �- `7 P), r 9/lo / o 8' / /f L./ OAX n I �/o V l -, )o (,r)i � zc jv 0- - Mariano Lucca House ca.1932 790 Columbus Parkway As a nation we recognize Columbus Day as a national holiday because of the efforts of one of a Columbus Parkway resident Mariano Lucca, who successfully lobbied Congress to designate Columbus Day a national holiday. Mariano and Clara Lucca lived at 790 Columbus Parkway. Today, we proudly call the Olmsted Park on Porter Avenue, Columbus Park in honor of Christopher Columbus. "The statue of Christopher Columbus was erected in 1952 by the Italian American Federation under the direction of Mariano Lucca. In the mid I.990's the parks bordering streets were renamed Columbus Parkway and Columbus Park West in honor of Mariano Lucca. The Lucca home is in the project demolition zone. The PBA fought vigorously against this property becoming listed on the National Register of Historic Places_ I 5 { t l 5 THE PEACE I3RIDGE CROSSING PATHS BUILDING FU'rURES April 10, 2008 Steven L. Pied Building Inspector City of Buffalo Department of Permit and Inspection Services 304 City Hall Buffalo, NY 14202 Dear Mr. Pieri: In response to your letter dated March 12, 2008, regarding Authority owned properties on Busti Avenue, please consider the following as it relates to the Authority's intended use for these assets, The Authority has initiated a Bi- National Integrated Environmental Process (BNIEP) that considers as single action capacity improvements to the Peace Bridge, plazas, and connecting roadways in the Town of Fort Erie and the City of Buffalo. The environmental review is being performed in accordance with the National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA), and the City Environmental Review Ordinance (CERO). In accordance with NEPA, demolition of properties within a proposed project area cannot occur until a Record of Decision (ROD) is reached. The ROD is expected in July 2008 and will identify the environmentally preferred alternative for the project. At that time the Authority will be better positioned to detail the future of the properties noted in your letter. Should you have any further questions or concerns, please do not hesitate to contact me directly. Yours truly, Anthony D. Braunscheidel Facilities Manager ADB /kak cc: Ron Rienas Louis Petrucci BUFFALOAND FORT ERIEPUBLIC BRIDGE AUTHORITY 100 QUEEN STREET, FORT ERIE, ON L2A 3S6 * 1 PEACE BRIDGE PLAZA, BUFFALO, NY 14213 -2494 PHONE (905) 871 - 1608/(716) 884 -6744 ■ FAX (905) 871 -9940 Niagara Gateway Columbus Park Association 761 Colrjmhijs Parkway 8nffalo, New York 14213 www.movetheplaza.stirsite.com Contact: Kathy Mecca, President 716-881 -5309 krmecca @yahoo.com f .. 4" Colurnhus Park- Prospect Hill Historic Neighborhood Designated a Seven to Save' Historic Location by the Preservation League of New York State AA a,- ti v Mr. Lou Petrucci - unS m � Chief Building Inspec . � Department of Licensing and Inspections 324 City Hall Buffalo, NY 14202 February 2f, 2008 Dear Mr- Petrucci Recently, The Niagara Gateway Columbus Dark Association received a distinguished designation from the Preservation League of New York State (PLNYS). On. January 23, 2008 the President of PLNYS, Jay Di Lorenzo, announced that the Columbus Park -- Prospect Hill community was dcsignated a ",Seven to &roe" historically endangered location in the Empire Male. The Preservation League's decision. to declare our community endangered was a direct result of the proposed Peace Bridge: Expansion project, "Unfortunately, Mr. DiL enzo stated this area's historicfahric and residential character have been forced to take a back seat to the demands Uf truck and automobile traffic. „ In a recent letter to the Amy Jackson Grove, Assistant Division Administrator for the Federal Highway Administration, Roberta Lane, Program Officer, and Regional ,41torney for National 7r-ust far Historic Preservation (NTHP) described our neighborhood as "a predominantly urban residential setting that has retained much of its historical development pattern from the turn of the 19' century. " *The Public Bridge Authority became a responsible party to our historical residential community in the mid - 1990's by purchasing all of the homes and properties along Busti Avenue between Rhode Island and Vermont Street. The PISA spent approximately $2.4 million dollars twelve years ago to purchase these properties. The buy -outs were well over market value even by today's standards. All of the homes were either owner occupied or rented at the time of purchase. None were vacant, blighted, or abandoned_ In 1994, Busti Avenue from Massachusetts to Porter Avenue was one of the City's most desirable and stable residential streets. The view of Front Park, Lake Erie, and the Niagara River were breathtaking. But that has all changed since the PISA became property owners. Every single home currently owned by the PBA (except for one) is either on the historical registry or NRE eligible. Each one has been left abandoned, vacant and willfully neglected by the PBA for over a decade. The PBA apparently has the authority, even as property owner, to operate above the laws of the City of Buffalo, New York State Office of Parks, Recreation and Historic Preservation (SHPO) and The National Trust for Historic Preservation. The PBA obviously is held to different housing code standards than the general public. ,, The City has never explained why the PBA as residential property owner is sanctioned from obeying, the law./ Even when the City of Buffalo refers to the irresponsible management of the PBA properties in their DEIS comments, no consequences seem to apply: "Further explanation is needed as to how the PBA will fully comply with city building property maintenance code regarding properties it acquired between 1995 and 1999 along Busti Avenue and Vermont Street. These properties are in disrepair and eroding neighborhood character. " For years, this community has lived with the collateral damage caused by the blighting; of these properties. The end result has impacted the value of our properties, desirability as a residential community and sustainability as a vibrant and stable: community. Why should we have to endure years of looking at an entire block of decaying and neglected historically significant homes month after month, year after year. Because of the PBA's neglect, tax- paying; homeowners have lived with the undesirable and unwanted experiences of homeless squatters, vagrants who have set fires, unkempt back yards filled with housing debris, broken fences, or years of fallen tree branches that give shelter to lcral eat colonies along; with rodents. The homes are unsightly, rotting reminders of what life is like living in the shadow of the Peace Bridge. As a community, we are well aware of how public and private partnerships engage in the practice of `phony blight designation' in order to drive clown the market value of a neighborhood so that it can be condemned for future land development projects. It is no surprise that the historic Columbus Park - Prospect Hill community is faced with this exact scenario. Condemnation of our properties and 45 acres of land seizure on the West Side is a veiled attempt by the PBA to invoke eminent domain power and hardly a benevolent act of mercy which they so often report. # The Department of Strategic Planning; sums up what we have as a community been forced to live with over the past 13 years, "these properties are in disrepair and eroding neighborhood character. " -fr We would like to meet with you as soon as possible to discuss how the city plans to address these serious property violations at 757, 765, 771, 777, 783, 791 and 793 Busti Avenue. I can be reached at 881 -5309 (984- 4218 cell). Thank. you for your time and consideration. Sincerely, Kathleen. Mecca, President Niagara Gateway Columbus Park. Association 763 Columbus Parkway Buffalo, New York 14213 www.movetheplaz.a..stirsi.te.com Cc: Commissioner Richard 'robe Council Member David Rivera Harvey Garrett, Executive Director WSCC Mark Mitskovski, VP NGCPA A community ofgaod people living in the shadow of the Peace Bridge 5 p Kathleen Mecca krmccca[c�yahoo.com Dear Ms. Kathleen Mecca: September 12, 2008 I" understand that you recently contacted nay office regarding the list of blighted properties on Columbus Parkway and P a Brid e arca s.:I hope: my staff was helpful and able to assist you with your concerns. Please continue to contact my office whenever I can be of information or assistance to you and your family. Blighted properties/Rousing Violations are a great concern for my staff and L Neglect of properties is a problem occurring in the city, and throughout other Rust Belt cities struggling with vacant and aging housing stock. I'm happy to report that the State Legislature recently recognized this dilemma and instituted a number of provisions designed to limit property owners from abandoning/neglecting their properties. It is my attention to follow up with local law enforcement officers and government departments on the enforcement of this important law. My staff informs me that they have put these properties through to the Mayors Call & Resolution. Center 311, and alerted the Inspections Division of the Economic Division of Permits & Inspections. Letters were also sent to property owners of the letters on the list. Again, thank you for contacting Wray office. Please feel free to call me at 851 -5125 if you have any other problems in the future. Sincerely, DAVID A. RIVERA Niagara District Councilmember nm Re: Blighted properties - Yahoo! Mail MAIL c i,)Sslc Re: Blighted properties Prom: "311 0acity- buffalo.com" <311 @city- buffa1o.corn> To. krmecca@yahoo.com Dear Ms. Mecca, Page i of 3 Wednesday, September 3, 2008 1:03 PM The complaints from your recent email have been entered into our new 311 System and forwarded to the Department of Inspections for follow -up. You should have received confirmation emails for these complaints. My apologies if there are a few duplicates, this is a new system and we're still working out a couple bugs. The only complaint that I was not able to enter for you is the one for 78€3 Columbus Parkway, which is not an assessed address. It is sometimes the case that the mailing address and the tax address are different, particularly in the case of corner properties. To find out the accurate address for this property, you should contact the Assessment Department at 851 -5733. Tell the receptionist you need the tax address for a property, then when you are transferred, explain where the property is located, ideally in relationship to an address of which you are certain. Then either call us at 311 or 851- 4890, or enter your complaint online. Please keep in mind that we are limited in the amount of text we can forward through our system to the inspector, so a quick list of the issues will suffice. If you would like to speak with the inspector about more in -depth concerns, please feel free to contact the Dept. of Inspections at 851.4949_ Best time to call is early in the morning, between 8:30- 9:30am. Thank you, Erika Division of Citizen Services Mayor's Call and Resolution Center 311 -OR- 851 -4890 -T - -- Original Message ---- Prom: k..rmeeca @yahoo.com Sent: 2008 -08 -19 12:13 :530 To: 3.11 @city- buffalo.com Subject: Blighted properties Please address the following housing issues: 1.) 751 Columbus Parkway vacant. Owner is in housing court but property is still vacant and in terrible disrepair. Exterior clapboard is damaged_ Windows on lower and upper floor are damaged and water seeps in. Interior walls and ceilings are collapsing from water. Roof is rotting and chimney has fallen damaging homes on either side. Copper and lead have been stripped from both apartments as well as both fireplaces_ The owner lives in the suburbs. Neighbors for more than 20 years have filed housing complaints against the owner to no avail. 2). 768 Columbus Parkway vacant - This property has been in the housing system. Another absentee owner living in the suburbs who purchased the home several years ago and has left the house vacant. Interior pipes have ruptured causing extensive water damage. Utilities have been turned off frequently. Roof, clap board and windows are rotting. Cats climb in and out of a hole on the left side of the house. Temporary 'house guests` stay in the upper rear apartment but for short periods of time. 799 Columbus Parkway vacant. The owner understands that if he maintains the outside of the property, he can avoid housing codes regarding long term vacancy_ Isn't there a city ordinance against owning property with the intent of keeping it vacant? Rumor has it that the owner has ties to housing inspectors. He recently put lawn chairs on the front porch and told a neighbor that the insurance company was coming and he wanted the place to look "lived in ". http: / /us_mc332. mail .yahoo.com / c /showMessage`1fd— housing %2520complaints&sort dat... 10122/2008 Re. Flighted properties - Yahoo! Mail Page lof3 3.) 780 Columbus Parkway. This property has been called in recently. Adults and children climb in and out of front windows. There are no screens on several upper windows where small children live. The owners do not live in Buffalo and ignore complaints from neighbors. Upstairs tenants had a grill on the upper top porch blazing with fire during high winds. The adults left the building with the fire still blazing and two adolescents were throwing debris into the fire. Sparks began to fly. This could have been a disaster. Peeling paint on side of house. The property owners apparently has ties to housing inspectors and never respond to neighborhood complaints. 4.) 865 Columbus Parkway_ Front porch filled with massive amounts of junk and debris. Fire hazard for residents on either side of dwelling Unsightly for other homeowners to have to live with this. 5.) 871 Columbus Parkway. This house appears to be abandoned and boarded up. 6). 50 Vermont Street - Owner occupied. Rotting roof, clap board_ Dormers, gutters and eves rotted. Wooden window frames are rotted and water is seeping in. Peeling paint, clap board exposed to elements. Chimney disintegrating and poses threat to adjacent properties. 7.) Public Bridge Authority (PBA) properties: 757, 763, 771, 777, 783, 791 and 793 Busti Avenue. All properties have been previously reported to inspections and are in the system. 771 Busti is a historical property. All the homes were purchased by the PBA 13 years ago and have been left vacant and blighted. All the homes are in the Endangered Historical Community Zone issued by the National Trust on Historic Preservation (NTHP) in Washington and the Preservation League of NYS in 2008. The City of Buffalo has intentionally allowed the PBA to operate and own these properties in violation of housing code law. The City has an unofficial "hands off' policy regarding inspections and has for over a decade refused to issue code violations that have any 'teeth'. The neighborhood demands that these properties be inspected and brought up to code by the PBA. The double standard that exists between the PBA and the City of Buffalo Housing and Inspections department has caused intentional blight on our community forcing us to live with abandoned, rotting properties.that are in terrible disrepair. The City must not allow the PBA to operate above the housing code law. The properties are not under any eminent demolition order. Therefore, demolition is not a reason for this blight to continue to adversely impact the rest of the community. 8_) St. Mary's Church at the corner of Niagara and Vermont Streets Immediate action required- The building owners reside in another state. Bricks and stones from the building are falling down_ Portions of the roof are missing and the interior structure is exposed to the elements. Soon the church walls will begin to implode which is the same scenario as the White Livery Stable on Jersey Street. St. Mary's is NRE and historically eligible for designation and should be treated as a significant historical anchor in the community. 9.) Episcopal Church Home property and Historical Hutchinson Chapel - Rhode Island and Columbus Parkway. The property has been abandoned for two years and has not been well maintained. The historical on -site chapel sited by the National Trust in Washington is boarded up. The roof is showing signs of decay and weathering. The parcel is owned by the Episcopal Church home. However, the property has never gone on the housing market for sale. This is another community historical anchor that is operating under the radar because of the Public Bridge Authority's intention to purchase the property for demolition purposes. There is no eminent demolition order in effect for this property. The PBA does not own this property. Demolition is not a reason for this $11 million dollar parcel of land to remain abandoned and blighted. As a community historical anchor, we demand that the City inspections address this property. http : / /us.mc332.rnai 1. yahoo_ comlmels howMessagc ?fid— housing &sort= dat... 1 0/22/2008 Re: Blighted properties -- Yahoo! Mail Pale 3 of 3 j ,. The matters brought to your attention have had an adverse impact on the Columbus Park - Prospect Hill community. A thriving historical community designated by both the National Trust and the Preservation League of NYS as an endangered historical location that meets the requirements of a 'historical save'_ In addition to attention from housing inspections, these properties should be brought to the attention of the City of Buffalo Preservation Board for immediate evaluation before it is too late. Most have significant historical integrity. Thank you. Kathy Mecca, President Niagara Gateway Columbus Park Association 763 Columbus Parkway. 881 -5309 http:fl us. mc332. niaii .yahoo.coinlmclshowMessage ?fid = housinglo2520complaints &sort= dat... 14122/2008 Blighted properties - Yahoo! Mail MiAIL t.I�3s5E� Blighted properties From: "Kathleen Mecca" <krme(:ca@yahoo.com> To: 311 @city- buffalo.corn Page 1 of 2 y Tuesday, August 19, 2008 12:04 PM Cc: "david rivera" <darivera @city- buffalo.com >, "michele brozek" <mbrozekacity- buffalo.com>, 'Urn tielman" <c4gb @aol.com >, "Catherine Schweitzer" <cfs @bairdfoundation.org>, Ipetrucci @city- buffalo.com, "Harvey Garrett" <ttgarrett @roadrunner.corn >, "liz martin" <elizmartina @yahoo.com >, "whitney crispell" <wcrispell @city- buffalo.com> Please address the following housing issues: 1.) 751 Columbus Parkway vacant Owner is in housing court but property is still vacant and in terrible disrepair. Exterior clapboard is damaged. Windows on lower and upper floor are damaged and water seeps in. Interior walls and ceilings are collapsing from water. Roof is rotting and chimney has fallen damaging homes on either side - Copper and lead have been stripped from both apartments as well as both fireplaces. The owner lives in the suburbs. Neighbors for more than 20 years have filed housing complaints against the owner to no avail. 2). 768 Columbus Parkway vacant - This property has been in the housing system. Another absentee owner living in the suburbs who purchased the home several years ago and has left the house vacant. Interior pipes have ruptured causing extensive water damage_ Utilities have been turned off frequently. Roof, clap board and windows are rotting. Cats climb in and out of a hole on the left side of the house. Temporary'house guests' stay in the upper rear apartment but for short periods of time. 799 Columbus Parkway vacant. The owner understands that if he maintains the outside of the property, he can avoid housing codes regarding long term vacancy. Isn't there a city ordinance against owning property with the intent of keeping it vacant? Rumor has it that the owner has ties to housing inspectors. He recently put lawn chairs on the front porch and told a neighbor that the insurance company was coming and he wanted the place to look "lived in ". 3.) 788 Columbus Parkway. This property has been called in recently. Adults and children climb in and out of front windows. There are no screens on several upper windows where small children live. The owners do not live in Buffalo and ignore complaints from neighbors. Upstairs tenants had a grill on the upper top porch blazing with fire during high winds. The adults left the building with the fire still blazing and two adolescents were throwing debris into the fire. Sparks began to fly_ This could have been a disaster. Peeling paint on side of house. The property owners apparently has ties to housing inspectors and never respond to neighborhood complaints. 4.) 865 Columbus Parkway. Front porch filled with massive amounts of junk and debris. Fire hazard for residents on either side of dwelling. Unsightly for other homeowners to have to live with this. 5.) 871 Columbus Parkway. This house appears to be abandoned and boarded up. 6), 50 Vermont Street- Owner occupied. Rotting roof, clap board. Dormers, gutters and eves rotted. Wooden window frames are rotted and water is seeping in. Peeling paint, clap board exposed to elements. Chimney disintegrating and poses threat to adjacent properties. 4k 7.) Public Bridge Authority (PBA) properties: 757, 763, 771, 777, 783, 791 and 793 Busti Avenue. . An properties have been preyiou..sly reported to inspections and are in the system.... 779 Bush is a historical property. . All the homes were purchased by the PBA 13 years ago and have been left vacant and blighted. e All the homes are in the Endangered Historical Community Zone issued by the National Trust on Historic Preservation (NTHP) in Washington and the Preservation League of NYS in 2008_ The City of Buffalo has intentionally allowed the PBA to operate and own these properties in violation of housing code law. http: / /us. mc3 3 2. mail .yahoo.com /mc /showMessage ?fi d= housing %2520complaints &sort= dat ... 10/22/2008 Blighted properties - Yahoo! Mail Page 2 of 2 n . The City has an unofficial "hands ofr' policy regarding inspections and has for over a decade refused to issue code violations that have any 'teeth'. . The neighborhood demands that these properties be inspected and brought up to code by the PBA_ . The double standard that exists between the PBA and the City of Buffalo Housing and Inspections department has caused intentional blight on our community forcing us to live with abandoned, rotting properties.that are in terrible disrepair. • The City must not allow the PBA to operate above the housing code law. . The properties are not under any eminent demolition order. Therefore, demolition is not a reason for this blight to continue to adversely impact the rest of the community. 8.) St. Mary's Church at the corner of Niagara and Vermont Streets Immediate action required- The building owners reside in another state. • Bricks and stones from the building are falling down. Portions of the roof are missing and the interior structure is exposed to the elements. • Soon the church walls will begin to implode which is the same scenario as the White Livery Stable on Jersey Street. • St. Mary's is NRB and historically eligible for designation and should be treated as a significant historical anchor in the community. 9.) Episcopal Church Home property and Historical Hutchinson Chapel - Rhode Island and Columbus Parkway. The property has been abandoned for two years and has not been well maintained. The historical on -site chapel sited by the National Trust in Washington is boarded up. The roof is showing signs of decay and weathering. The parcel is owned by the Episcopal Church home. However, the property has never gone on the housing market for sale. This is another community historical anchor that is operating under the radar because of the Public Bridge Authority's intention to purchase the property for demolition purposes. There is no eminent demolition order in effect for this property. The PBA does not own this property. Demolition is not a reason for this $11 million dollar parcel of land to remain abandoned and blighted. As a community historical anchor, we demand that the City inspections address this property. The matters brought to your attention have had an adverse impact on the Columbus Park- Prospect Hill community. A thriving historical community designated by both the National Trust and the Preservation League of NYS as an endangered historical location that meets the requirements of a 'historical save'. In addition to attention from housing inspections, these properties should be brought to the attention of the City of Buffalo Preservation Board for immediate evaluation before it is too late. Most have significant historical integrity. Thank you. Kathy Mecca, President Niagara Gateway Columbus Park Association 763 Columbus Parkway. 881.5309 http.Ilus.mc332.maii _yahoo.comlmc;lshowMessage ?fid= housing %2520complai nt.s &sort= dat... 1.0/22/2008 A STRID C- GI..YNN CONEMfSSIONER October 14, 2008 STATE OF NEw YORK D EPARTMENT OF TRANSPORTATION ALBANY, -N.Y. 12232 www.nysdot.gov DAVID A. PATERSON Go veRNOR Ruth Pierpont Director, Field Services Bureau State Historic Preservation Office Peebles Island State Park / PO Box 189 Waterford, NY 12188 -0189 Attn: John Bonafide, Historic Preservation Services Coordinator RE: PIN 5753.58101 PR04982 PEACE BRWEIVAN ALTERNATIVE 113-115 SECTION 106 ADVERSE EFFECT FINDING Dear Ruth: The Federal Highway Administration ( EH�11A ), in coordination with the New York State Department of Transportation (NYSDOT) and the Peace Bridge Authority (PBA), has a lie the c riteria of adve rse effect (36 CFR 800.5(x)(1)) to identified historic properties within the Area of Potential Effects (APE) for Alternative 1 B -135. In consultation with 'the New York State Historic Preservation Offic and the Adviso Council. on. Hi storic Preservation iCo uncil), we propose ' of Adverse Effect for the Peace Bridge Expansion Project. This finding takes into consideration the views of the public and Consulting Parties. Enclosed for your review is a package of supporting materials meeting documentation standards for an Adverse Effect finding, as outlined in 36 CFR 800.11(e). This documentation was prepared by NYSDOT in coordination with FHWA, and served as a basis for discussion with the SHPO and the Council during a joint conference call held on October 1, 2008. Following review by the SHPO, this documentation will be circulated among Consulting Parties for a 30 day review period, as notification of the project's adverse effect, At this time, we respectfully request the concurrence of the SHPO with an Adverse Effect finding fgr ace Sridge_Expansion Project I Alter - , s iscussed, FHWA will seek the concurrence of the Council following the end of the 30 day comment period. rely, DANIEL P. HITT, RLA Director, Environmental Science Bureau NYS Department of Transportation DPHIMCS Enclosure ROBERT M. DAVIES Upstate Team Leader Federal Highway Administration cc: Katry Harris, Advisory Council on Historic Preservation Ron Rienas, Peace Bridge Authority e 0.. Y ci 2 1 70 m V Y ti O NFW YORK STATr z New York State Recreation and Office of Parks, Historic Preservation Historic Preservation Field Services Bureau • Peebles Island, PO Box 189, Waterford, New York 12188.0189 518- 237 -8643 www.nysparks.com October 16, 2008 Daniel P. Hitt Director, Environmental Science Bureau NYS Department of Transportation Albany, NY 12232 Re: PIN 5753.58/01 PR04982/05PR.00930 P eace Bridge FxpansiL) Proj Alternatives l R Buffalo, Erie County Dear Mr. Hitt: David A. Paterson Govprfior Carol Ash Commissioner Thank you for requesting the comments of the State Historic ['reservation Office (SHPO We have reviewed the project in accordance with Section 106 of the National Historic Preservation Act of 1966. These comments are those of the SI1PO and relate only to Historic /Cultrn resources. They do not include potential environmental impacts to New York State Parkland that may be involved in of near your project. Such impacts must be considered as part of the environmental review of the project pursuant to the National [:nvironmental Policy Act and/or the State Environmental Quality Review Act (New York Environmental Conservation Law Article 8). We have completed our review of the effect funding document and concur with the findings of your agency and those of the Federal Highway Administration. Weagi nronosed will have an adverse effect upon histor reso urce u�rithin the defined area of pot enti Q ffect (AP[) for the undert_akina, We look forward to continued consultation under the Section 106 Process. If I can be of any further assistance, pleased do not hesitate to contact me at (5 18) 237 -8643. Sincerely, y ohn A. onafi c I Iistoric Preservation Services Coordinator cc: Robert M. Davies, F14WA An Equal Opportunity /Affirmative Action Agency �� r' " "' °" " v`'''d pipc, LM 0 a 0 1) 0 41 011 ill w Se rest & F "une y .l.,LP ATTOR NrYS AND COUNSELORS 5 1; FLAW CO M October 10, 2008 City of Buffalo Common Council Division of Planning Zoning Department 920 City Hail Buffalo, NY 1.4202 Re: Notice of Completion/Notice of hearing for the Buffalo Niagara Medical Campus .North End Development Dear Sir or Madazn: Pursuant to the State Environmental Quality Review Act ( "SEQRA "), we are enclosing the Notice of Completion/Notice of Hearing prepared by the City of Buffalo Planning Board for the Buffalo Niagara Medical Campus -- North 1:nd Development Project.. We are also enclosing a CD of the Draft Generic I3nvironmental impact Statement ( "DGEIS ") for your review and comment. If you would like: a hard copy of the DGF S, please contact my office. The public comment period on the DGf IS extends until November 18, 2008 and a public hearing will be 'held on November 6, 2008. If you should have any questions or concerns about the Notice, the Hearing, the DGEIS or the Project, please do not hesitate to contact my office, 'Thank you for your courtesies and cooperation. Very truly yours, lIartcr Sccrest & 11 "a1 cry L t E�W� TT ON LEC-WS,"LJOATION. a c A. Romaiowski IARE`HAAI. (716)864 -3709 i! -ALV L 1fKOh1AA`O%VSKI(i, I ISH,AW,C0. '11 MAR/lks Enclosures cc: William P. Grillo, Principal Planner (w /o enclosures) TVJt.I_VE FOUNTAIN PLAZA, _ UI FE ADD Fi LWFALO. NY 14202 ? 2 93 PHONE: 71E5.853- 1616 FAX: 71663` -i3. 1617 ROCFIESIER, Nvw YORK o BUFFALO, NrYJ YORK u ALBANY. Nr.YV YORK n NAl LES, FLORIDA 14.52 -9 (3139) -9c SEAR State Environmental Quality Review Notice of Completion of Draft and Notice of SEAR Hearing Lead Agency: I City of Buffalo Planning Board Project Number Address: 901 City flall Date October 10, 2008 Buffalo, New York 14202 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. A Draft Generic Environmental Impact Statement has been completed and accepted for the proposed action described below. Comments are requested and will be accepted by the contact person until _November 18, 2008 A public hearing on the Draft EIS will be held on November _6, 2008 (a - ), 6:30 p.m. at the Buffalo & Erie County Public Library Lafayette Square, Buffalo, New York 14201 Name o f Action: Buffalo Niagara Medical Campus — North End Development Description of Action: Development of approximately 1.2M square feet of medical facilities at the North End of the Buffalo Niagara Medical Campus. The Project consists of the following: (1) Construction of a — 600,000 sq.ft. Global Vascular Institute ( "GVI "); (2) Construction of a — 200,000 sq.ft. Skilled Nursing Facility ( "SNF "); (3) Construction of a 300,000 sq.ft. Medical Office Building ( "MOB "); and (4) Construction of a 1,200 -1,600 space Multi -Modal Transportation Structure ( "MMTS ") to service the North End of the Buffalo Niagara Medical Campus. Location: (Include street address and the name of the municipality /county. A location map of appropriate scale is also recommended.) See AttachQd Location o` SEQR Notice of Completion of Draft /Notice of Hearing Page 2 of 2 Potential Environmental Impacts: The potential significant adverse environmental impacts from the Projects include impacts to traffic, parking and infrastructure /utility services. All of these, and other impacts, have been analyzed in the Draft Generic Environmental Impact Statement ( "DGEIS °) prepared by the Project Sponsors and submitted to the City of Buffalo Planning :w. r A copy of the Draft 1 Final EIS may be obtained from: Contact Person William 1 Grillo, Principal Planner, City of Buffalo Office o€ Strategic Planning Address: 901 City Ilall, Buffalo, New York 14202 Telephone Number: 1 (716) 851 -508 A copy of this notice must be sent to: Department of Environmental Conservation, 625 Broadway Albany, New York 12233 -1750 Chief Executive Officer, Town /City/Village of Buffalo, New York Any person who has requested a copy of the Draft / Final EIS Any other involved agencies Environmental Notice Bulletin 62513roadway Albany, NY 12233 -1750 Copies of the Draft EIS must be distributed according to 6NYCRR 617.12(b). a s� R . P � L4 ; 'tea P +k �« M -Il & �'s N • wiYn 5 'fi �, ✓- 1 E S E i` ✓... d. THE POWER O F YOU= _.._ October 22, 2008 David A. Franczyk, President Buffalo Common Council 65 Niagara Square, room 1413 Buffalo, NY 14202 -3318 Re: PEG Access — City of Buffalo Dear Mr. Franczyk: am writing in connection with the resolution passed by the Buffalo City Council on October 14, 2008 regarding a fifth PEG access channel on Time Warner Cable's system serving the City. We believe that certain statements made in the resolution are inaccurate and we would like to bring our understanding of the facts to the Council's attention. The Office of Telecommunications ( "the Office ") has notified Time Warner Cable that it believes the criteria for the provision of a fifth PEG access channel — as set forth in Section 31.1 of the franchise — have been met. We have advised the Office that Time Warner Cable disagrees and explained the basis for our position. The Office regards all the programming on channels 19, 20, 21 and 22 as PEG access programming. While Time Warner Cable generally agrees with the Office with respect to the programming on channels 19, 20 and 22, we believe the programming carried on Channel 21 is not PEG access programming. Rather, it is a service — ThinkbrightTV - assembled and scheduled by New York PBS broadcast stations [and carried pursuant to an agreement between Time Warner Cable and our Buffalo PBS station]. The channel is not programmed by the public ( "P" or Public Access); qualified educational institution ( "E" or Educational Access); or the City of Buffalo ( "G" or Governmental Access) as required by Section 31.1 a of the franchise. Nor does it meet the comparable definition of PEG access set forth at Section 895.4 of the regulations of the New York Public Service Commission, i.e. used by either the public on a first -come, first - served nondiscriminatory basis (Public Access); school districts and not - for - profit educational institutions chartered or licensed by the New York State Department of Education or Board of Regents (Educational Access); or municipal, county and State government or agencies thereof (Government Access). Thus, Channel 21 is not currently used for PEG access purposes. Further the information provided by the Office for the other three channels to establish usage was for different periods_ The information for channel 20 was for a time period in 2007 and that for channels 19 and 22 for a time period in 2008. We believe that the utilization test established in the franchise for provision of an additional access must be applied for all existing PEG channels for the same time period. We have previously met with representatives of the Office and the NYPSC to discuss the issue. As we have advised the Office, we remain willing to continue those discussions in order to amicably resolve this matter. Sincerely, Robin L. Wolfgang Vice President, Public & Government Affairs Time Warner Cable, WNY Division Cc Terence Rafferty, Division President New York State Public Service Commission REF ERRED TO. THE COMM ITTEE ON L E GR TI 2875 Union Road, Suite 359, Cheektowaga, NY 14227 1 -866 -668 -6044 r: PETITIONS Oct 2s, 2008 P' 1.1. tE� J. Persico, Owner, Rezone 11 West Northrup From a (CM) Comercial to a (R2) Dwelling District (Hrg 11112/2008 )(Univ) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics OFFICE OF THE CITY CLERK F,, _/ d 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: f 6 (A- to be held in the Council Chamber, 13th Floor, City Hall On: .___..._ A I` 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the above. Signed Print Name Date I d ATTENTION: � A✓gent or caner) �Ph©ne #.. PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER 851 -5056 FOR PLANNING BOARD MEETING. INSTRI.r(MM LQR,FILLIM Ola A.REZQMG MICATIQN 1. FILL OUT i;LTM pN FO IN QUADRUPLICATE. 2. W$IiAT.CIE?L1, TAKE TII1t T0'ROQ (#5 FOR `MR CATION 10 -HIIV N A�1D.r 1 R S'PERMH- COST I,S S15 0p SAS PER ITEM O) METES ACID QUNDS (AS PER ITEM #. 3. TAKE THE PE':i'MON FORMS TO THE OM CIE OF THE Cm PLANNING BO*O, ROOM 901, FOR EXAIVIMA100N AND APPROVAL•A& "FORM. 4. FILE FORMS IN U OFFICE OF THE CITY -C E KK 1308 CITY RALL, Wr T 'A,INO FEE OF $M.00. MAIM CHECK PAYABLE TO'THE "Crff CLERK" PETI i 10# - TO AMEND jZONiNG MAP (MtiS?C f�C i�I1,�D. x# Qt�ADIiUI't.1CA'f`C) (REVISED JANUARY 1993) APPROVED AS TO.FORM TLY DATE. BY Pai. Dlvis Pon f 1160m. 901 City Hall TO: Tflis COMMON COUNCIL OF HE CITY OF HU[ Pursuant to Artlaie XXV Section 511 -M of Chapter 513 of the Code,of the City or nufiPalo, the undersigned petitioner hereby, makee aixplication for an amendment or change In the Baetalo Zon3.pg Nap concerning certain premises in. the pity as foliowa: 1. Name aqd Address of Petitioner: i P. Description of - property_ sought; to be rezoned by' street and4ddress. (this must be v0vIf1ed Icy the Survey Ofrioe- Division of Engineering- Itoo&.6 5 City fial.l,) S � � Q NF 3. Total area of' property to be rexnned in square feet: 4. iF the petitioner is not the owner of the °premises give A. Name of owwr(s) Address(es). fl: 'What is Interest of petitioner 1n thia 'proposed Zoning Amendment 7 5. An aaourate ,survey, by a licensed surveyoo of property, showing dimensions and all boundary lines, and the location of 41JL structures on the premises. To be attached on path original and oopias of patition. SY� ,PctT - -- f✓ b. Legal description, by mates and bousrds of -tho property sought to be rezoned: v . T. Present zoning Giassific,ation of premises p. Proposed zoning classification. of premisee: 9. Present .use of premises: ���, _ - gp)tft4 hm llmm p a Proposed use or premises: �tDlsTt - 11. Deaeriptlon, of uses on promises adjAoent tri the proposaed - rezoning recµsest and #ha general. description. of the kind' of neighbo0hoo(l this area Is situated: North- s� n East-_ Q South- Ll� ,IYE1�Lz we Neighb description _ ^ °4 _ Ptt1iT►F+ci ;ti i �l f Y�14 Fiei?r r tt + 4-�1 4 UN-nm, uc I?� 40M urn 4 ,_j 10/ A-1 LJ ` S 11. 0esaription of the adjacent goning.dlat:iriops surrounding property to be rezoned: North - _ �'G - ?F4r>', C Si YknOt t Gast- _ South s West- EXTRA 3[1CC'fS =MAY• 11G -Apm I F NL'LIIC,D vo ANSNLt1" M ossrq-r'TnM.g1 PACE 1 2 (itevlsed .1 /93) 13. Mal) athowlitg all propar6laff, and ounere o� such properties, Included In the -proposed change, and all. properties having a f on'both sides of the public highway or highways upon which any. premis Included in the - proposed change have a frontage, within 400 feet In both direotLons along such hi ghway or highways from the nearest side line,. or nearost side. line extended, of the premises included In the proposed ohange; and also, the names` of the owners or all properties icoated within 50 feeb of the rear or side line of any premises Included in the proposed change must be attached on the original and ail ooptea of the pettLlan. III. LI.st< of all owners and current mailing addresses as shown an the above map, required in accordance with Section 511 - 126 U (2) or Chadter 511 or the Code of the City of Buffalo: ���lWyj ti Name Please PItIi't' Address Please PIIiN't' t. Ram 2. 3. �I 6. 9. _ 10. 12. 15.E 17. 1n. 19. 21 . 22. 23.� - 2�1. 25. 2ti . - - 2Et. . 30. 31. 32. 33. . 34. . 36. 37. 38. 39. - - i10 - 41. X12, 3. X15 III. JI9. 5o: II1ST.: rY'i'nA S41l7f�'1'.tr 'fn .t[arr•o�rinv� -... ft . PAGE -I 3 (Revised 1/93) 15. 'I'lu: petit.loner states the use under, the prsoposed amendment to the zoning rump is . not eonLrary to or in v1olatiou of' apy private . agreement, building restriaLions or other legal reatriottocis record. The peP.tioner holds that the proposed reconing is nat inconsiateOt with a well c plan for the development of the City as described In Section 511- 2, of Chapter 511 of the Code of the City of Hufra:io, and that: tied proposed zoning is not to aonflioL wLLh local. ob;)eut,ives In the development of the Clty.as a whole. Ili. The following a dditional Information In furnished by the petitioner to assist the Cossquon counct.l In its consideration of the matter. set forth In the petition: 17- Every application, pptition or request fora change of.zoning.or for a variance or amendment of the 2oni.ng:or planning regulations, and every applloaLton, peLiL•[on- or request for the approval of plat or for the exemption' Crow a 1118L, ol'rlolal maps, license or permit, shall contain the following;: (A) State, to. the ' extent known by the applleanti whether arty State officer or any officer of the County of Erie or the C;lty of Huffislo or any employee of said County or City iias any interest in th aforesakd application: (YES) (NO) (ft) State the name and address of the a resa[d Interested person or persons: (C) State the nature and extent or the interest: NOTICE; TO Pf'YI'i'IONEA AN OFFICER Ott. EMPLOYF,E SMALL,, HE I)EEHLI) TO HAVE AN INTEREST IN THE ICANT MIEN 1121511l:, HISMER ,SPOUSE, OR - 1-11EIR IHIIMIERS, ,S[STERS, PARENTS, CHILDREN, GRANt)1:II11.011CM. On 'file SPOUSC Or ANY OF THEM: (a) IS TIlL AI'PLICANT, Oil (b) '13 AN OFFICER, 01REC O11, PART'S IR Oil EMPLOYEE OF *file APPLICANT, Olt (c) f.CGALLY Oil 11ENCFIC1AL14Y (A"S (lit C0Wr11OL6 STOCK OF A. CORPORATE APPLICANT Olt 1-3 A RE14BEII OF A kRTHERS1111! Olt ASSOCIATION 1;011 11113 APPLICANT, Olt (d) IS A PARTY '1 AN AGREEMEOT WITH SUC1i- AN APPLICANT,. ESPRF:S:S OR IMPLIE1), W11011211Y I4E /3110 MAY 111:CCiVE ANY PAYMENT" Oil 0011911 BENEFIT, W1IC'1ilizo on Nar Folk SLItVICCS ti(rNl)c1fdS1), I)11 OR WNTINOENT UPON 1 FA 011ABLC A1 OF SUCIi APPLICA't'ION, PE'T'I Oil laur. 'r. OWN [:IlSlllP OF LeSS.'1't1AT 1 fVE (5) - PERCENT OF T1 113 STOCK OF C011[011ivrioN WlIOSC S'T'OCK IS LISTED. ON THE NI W YORK Oil AMCIIICAN STOCK CXCIIAN13C SHALL 1. t.ONS'1't't'U'YE AN lhTEREs'r V011 Till"-' PURPOSES OF THIS APPLICATION. I)ATE, .�� h� � 1 llUFFALO, hEW YORK. fil (Sign tore' of P'etitl rii r) f h, ST41'1'C OV, NEW YO_ i1K ) (' COIJ14TY OF BRIE ) CITY pl' 1111FI'AL0 ) . Oil this day of `'Cj , �3 � perSo f na.l.11y appeared before me ` ( Na D5 4J Aadre85r ) . .YJ� �,/ I i the goer. i 00110r, 3tder, t o -M8 known to tre the same person rtes rihed In and who signed and executed Lice foregoing petILLorr a nd who duly acknowledged to we the execution of lase same d'cor the purpose therein.mentfo d'. lINaRFliI. 8HAUCHiif33'f ��� 1;s Puhlic,SlafeplHeM Commissioner of I)eods, Ruffal.o, N.Y. auillt In Erietkuniy Notary Publlo, Erie County, .N.Y. 142p tlQmmisshre Expires April 13,20 N Hy Coicimisslon. escpires ( Does peLition require aat.ien in acdordanee with the General Huricipill Lau, SeatlDo 239 -1, and 23.9 -M ?; (`1'o be -answered, by ,1)1v[Sion of Planning). U( . . No 1 City of Buffalo 65 Nlagara Square Buffalo, NY 14202 (718)8514949 Fox (718)851 -5472 Receipt Sur9�nitted Customer Address JENNIFER C. PERSICO 825 DELAWARE AVE SUITE 304 R11FFA1O MY 1A202 USA ]RESS PERMIT FEE Cash Payment Cheek p 15.00 Tote[ Amount Amount Paid Total Amount Due i 7NS7RUAIENT(S) URLIZEO iN NE1FR.kNN.C'YG C0CA114W OF BOUNAARr uN£S' t1BER tOStl5 PAGE 2904 7Nls SURw)l i!'AS PREPAREV Wlhwr THE BENEP7T OA' A C!lRRENT AVVRACT Or 17yze AND 15 5UB,ACr Tt7 ANY SrAW 0' rAC75 WAr VAr Be RE4£AtCD N .SAID ABSTRACT: A'07r. PROPERTY CORNER MCAT MrS HERE NOT P"M AS PART Ci' INS SURWr OCOP 2006' AMEND: BY: /,,�jt}/^� /r� T7NS S/RYEY NAP WAS PRfPAREU NY AL1:A90ANCE NI7r! 711[" 1 �y� Ma�Ka i +•� rs CURRENTSrRAP WAS (AND ACC VAAW- fr WC Ward ii Uyt SURVEY DATE: 12- 14--06 BAR AssodATlav or• fw Cauvrr MM nrE R uESr or Mosey Persko, LLP ® DRAWING DATE: 12- -18 —p6 J LAND SURVEY RS, LLP 150 AFR DRIVE SCALE: 1" = 20' i — Vv. O "' PHONE (716) 5140�R 631 - -3811 ALL RIGHTS RESERVED ON THIS MAP IS A,MOLA11ON OF THE PART OF LOT 71 SECTION TOWNSHIP 11 RANGE 8 OF THE: iitig PART i r W YORK Holland Lend 00 an 's SURVEY - rre� COUNTY, N.Y. STATE EOUCATION r_l,W. SURVEY OF: 91 West ftrtAW Place, ! it of Buffalo SBL No. 79.54 -3--41 `t r r 2 C �L �A IL I FRAME GARAGE SOUrN LINE OF 2.00' ' i PARALLEL W1rN WFSr Fence 6.31 5. a• a54 f. NORTi'IRUP PLACE 31.70' cn ' 4.12' Blacktop Aarlrinp lD.9J' 4,27' 7, 744' Fence 2,J2' F. M T s.rz' J00• ' } d 2!9' FRAME HOUSE PROPOSED DRIVEWAY 0 0 i EA SEMEN r If i 24.44' I Y/oCd i I Path �i R Y LDING — 3176 REET I I L - k € 'OO. 31. ©� \ round Iron P06 102' K: 103.30' 70 7H1E N. W LINE -- Concrete a69' H: of MAIN (999 sme WE,5 T NORTHRUP ( WIDE) AL CE 7NS7RUAIENT(S) URLIZEO iN NE1FR.kNN.C'YG C0CA114W OF BOUNAARr uN£S' t1BER tOStl5 PAGE 2904 7Nls SURw)l i!'AS PREPAREV Wlhwr THE BENEP7T OA' A C!lRRENT AVVRACT Or 17yze AND 15 5UB,ACr Tt7 ANY SrAW 0' rAC75 WAr VAr Be RE4£AtCD N .SAID ABSTRACT: A'07r. PROPERTY CORNER MCAT MrS HERE NOT P"M AS PART Ci' INS SURWr OCOP 2006' AMEND: BY: /,,�jt}/^� /r� T7NS S/RYEY NAP WAS PRfPAREU NY AL1:A90ANCE NI7r! 711[" 1 �y� Ma�Ka i +•� rs CURRENTSrRAP WAS (AND ACC VAAW- fr WC Ward ii Uyt SURVEY DATE: 12- 14--06 BAR AssodATlav or• fw Cauvrr MM nrE R uESr or Mosey Persko, LLP ® DRAWING DATE: 12- -18 —p6 J LAND SURVEY RS, LLP 150 AFR DRIVE SCALE: 1" = 20' i — Vv. O "' PHONE (716) 5140�R 631 - -3811 ALL RIGHTS RESERVED ON THIS MAP IS A,MOLA11ON OF THE PART OF LOT 71 SECTION TOWNSHIP 11 RANGE 8 OF THE: iitig PART i r W YORK Holland Lend 00 an 's SURVEY - rre� COUNTY, N.Y. STATE EOUCATION r_l,W. SURVEY OF: 91 West ftrtAW Place, ! it of Buffalo SBL No. 79.54 -3--41 `t r r 2 C �L �A IL I �AU THAT TRACT Qty PASCEI. OF Lam, situate in the Ca 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 -, Place (as a .50 foot.wide woad), distant 109.30 feet westerly frow the northwesterly line of Main Street (as a 99 foot wide road); Thence * esterly continuing along the northerly line of said hest fTorthruip` Place, a distance of 31.70 feet to a point; Thence- < ,Aortherly at right. angles, a distance of 84.68 feet to a point; Thence easterly and parallel with : the northerly line of said West Northrup Plate a .. distance of 31:70 feet' to a point;`.. Thence 'southerly at right angles with the northerly line of said Nest 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 TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot 71, Township 116 Range 8, being more particularly described as follows: BEGINNING at a point in the northerly line of West Northrup. Place (as a 50 foot aide road), distant 109.30 feet westerly from the northwesterly line of Main Street (as a 99 foot wide road); Thence northerly at right angles, a distance of 84.68 feet to a point; Thence easterly 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 Nartbrup 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. y . _ 3 �1 r w s• .. r r ..r. ,:. !11 12; 141 ss 1tg 1 115 7 5 9 '10 11 12 13 l 15 e is n 16 19 2a 21 77 23 21 Y 25 28 R7 30 28 29 31�' 32 37 34 a 35 38 y7 ITa i Jr 1 • # n QQ u R tl f f3� 13Y t33 38 39 I f t72 € • 1 • 1 i I i 1 T f t � t i 71 70 69 66 67 66 6t Fi0 59 56 57 56 55 5a 53 52 51 ; g0 49 a8 � F 1 45 ad 43 Rj IS I r ' ;_ ' w �. ^ n t i y � / r l l as l I I I i I 1 r • .Y• rlm4 1'w.n wuwo 27 \ 1R`•� rs� �t ra � ' a z 'o r r r r K ra rQ rr ea rr m z re . °� ..� ` u 5 70 >z r rb •{ 73 72 71 70 69 66 67 66 55 61 63 62 Sc 60 59 58 57 56 55 54 53 Si 51 56 a9 [e 47 46 • - 45 44 [3 - 42 43 13 cNr 54 53 52 51 gp d9 [6 d7 96 - RS t4 1,7 i2 dt 10 39 ]& ]7 36 55 34 33 32 31 30 28 \ J r w s• .. r r ..r. ,:. !11 12; 141 ss 1tg 1 115 7 5 9 '10 11 12 13 l 15 e is n 16 19 2a 21 77 23 21 Y 25 28 R7 30 28 29 31�' 32 37 34 a 35 38 y7 ITa i Jr 1 • # n QQ u R tl f f3� 13Y t33 38 39 I f t72 € • 1 • 1 i I i 1 T f t � t i 71 70 69 66 67 66 6t Fi0 59 56 57 56 55 5a 53 52 51 ; g0 49 a8 � F 1 45 ad 43 Rj IS � MWSPF �RO [.1 — �I£Sr rmmwlur 8!— _ _ -- _ .»... w. _ — — _ — _ _ »..___�...— 1 —(59 11R3f _ �...� ...... ....� '{to6Rfex1 571 — „r 6 7 6 9 10 i !11 12; 141 ss 1tg 1 115 116 77 IB { t9t 26i 211 122 f23 ITa i25 26 i 27 i T6; T9� iytl f3� 13Y t33 3d �y5 € • 1 • 1 i I i 1 T f t � t i I I � F 1 ' 1 � I' (' I r ' ;_ ' w �. ^ n y f r l l as l I I I i I w u A n u a +F 70 >z r rb •{ 73 72 71 70 69 66 67 66 55 61 63 62 Sc 60 59 58 57 56 55 54 53 Si 51 56 a9 [e 47 46 • - 45 44 [3 - 42 43 I 38 1 r�� Ro / R TA&E 5P(CNL IN53MC S .. C { C3F IO BUFFA 8 079 P p[ mum. 14" FA iOWI'i511t tltm ANf,'� 8 1 Bryan & Debbie Dibble 15 W. Northrup Jo Frances Cipolla 17 W. Northrup Tillie & Marvin Forman 19 W. Northrup James Steinwachs 23 W. Northrup James & Josephine Doran 27 W. Northrup Craig T Cawthan 31 W. Northrup Sheldon Milo 33 W. Northrup Reta Wedderburn 37 W. Northrup Elizabeth Flood 41 W. Northrup Paul Costello 56 W. Winspear Joseph Jack 52 W. Winspear Daniel Chimera 50 W. Winspear Bobbie Gardner 48 W. Winspear 44 W. Winspear LLC 44 W. Winspear Cheyenne Pietri 40 W. Winspear Vernon Fowler 38 W. Winspear Rogert Baldinger 34 W. Winspear Franks Independent Service Inc 3198 Main Street Benjamin Igwe 40 W. Northrup Qua & Tuyen Vu Tam Duy 36 W. Northrup Gary Illos 34 W. Northrup Mustafa Rashid 30 W. Northrup Kumarendra Bose 26 W. Northrup Main -Huron LLC 3162 Main Street Michael V. Miranda Jr. 3152 Main Street Michael V. Miranda Jr. 3160 Main Street Michael V. Miranda Jr. 3144 Main Street Helen Grabowski 3142 Main Street 3151 Main Street Inc. 3151 Main Street Samuat Tucker Curtain 3165 Main Street 3171 Main Street Inc. 3171 Main Street Russel Bassarath 3189 Main Street Michael V. Miranda Jr. 11 Northrup Pl. Zamdee Construction 3205 Main Street Michael Miranda. 3203 Main Street J.B. Elite Inc. 3199 Main Street Marc & Harry Metcalf 3193 Main Street Marc & Harry Metcalf 3191 Main Street Rudolph & Tanya Moore 138 W. Winspear William Hughes 134 W. Winspear Barbara Dunn 130 W. Winspear Burton A Pearman Jr. 126 W. Winspear .Corti.[ (A 14) Zoning Application 3172 Main Street, Inc. --11 W. Northrup 16. This property was a vacant house which was included in the parcel owned by 3172 Main Street Inc. with an address of 3172 Main Street. The property at 3172 Main Street Inc, was subdivided into the residential lot at 11 West Northrup and the commercial lot at 3172 Main Street. The ZBA has approved the subdivision after proper application and hearing on March 19, 2008. At the meeting wherein approval was granted, the ZBA suggested that the residential lot be re -zoned residential as opposed to its current commercial zoning and the instant application ensued. The property has been rehabilitated into residential home and the current owners wish to sell it to an individual who will use it as a residential property. The ZBA reasoned that since the neighborhood is primarily residential, this property should be re -zoned to conform to the majority of the surrounding properties and its actual use. Should the Council require any additional information, please contact Jennifer C. Persico, Esq. at 882 - 4890. asA. L, (0 It,) Regular Committees CLAIMS (David A. Rivera, Chairman) Personal h1l'ury Ciaims That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be comprised and settled: A. l . Cyril and Walter Clark A. 2. Mary Woods 3,500.00 18,500.00 That checks be drawn on the account of Org 17221008 (480205) Judgnncnt and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed Recommended by the Committee on Claims �,, - '�•��� _ -- Charrman t.¢ �\`- �\y A. 3. James and Lannie Curry That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Rivera moved: That upon the recommendation of the Corporation Counsel, the following action for personal injury arising out of alleged negligence on the part of the City of Buffalo, be comprised. and settled: A. 3. James and Lannic Curry $225,000.00 This check should be drawn on the account of Org 17221008 (480245) Judgment and Claims Prior Years, or (480204) Current f=iscal Year, payable to the respective claimants and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed Recommended by the Committee on Claims Chairman J,. Personal Injury Claims That upon the recommendation of the Corporation Counsel, the following actions(" for personal injury arising out of alleged negligence on the part of the City of Buffalo, be comprised and settled: A. 4. Amanda DiFrancesco $ 12,500.00 A. 5. Comelius Johnson $ 2,000.00 A. 6. Rebecca Ross $ 10,000.00 A. 7. Darryl C. Watkins $ 27,000.00 A. 8. Joseph P. Busch $ 5,000.00 A. 9. Dianna Brooks $ 5,000.00 A. 10. Mary Waterman $ 5,000.00 A. 11. Janee Washington $ 5,000.00 A. 12. Maurice Walker $ 24,000.00 A. 13, James Rosebrough $ 12,000.00 A. 14. Philip Schneider v. Aero Transporters, Inc., City of Buffalo $ 10,000.00 A. 15. Christine Lauer $ 90,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed A Recommended by the Committee on Claims Chairman r : Property Damage That upon the recommendation of the Corporation Counsel, the following action for property damage arising out of alleged negligence on the pant of the City of Buffalo, be comprised and settled: B. 1. Jeanine Balys $ 133.00 B. 2, Jacqueline Barnett $ 500.00 B. 3. Kenneth Chambers $ 9,120.00 B. 4. Raymond Dalton $ 200.00 13, 5. Lillian Fowler $ 3,139.51. B. 6, David. Gilmour $ 499.60 B. 7. Carol Hangen $ 50.00 B. S. Susan Itzenplitz $ 106.03 B. 9. Lawrence Kordasiewicz $ 189.81 B. 10. Jar -me Meldrum $ 8,004.53 B. 11. Donald Palmer $ 170.40 B. 12. Latorre Pitts $ 776.05 3, 13. Mary Ann Snyder $ 217.46 B. 14. State Farm a /s /o Grocery Delivery Service, Inc. v. City of Buffalo, et. al $ 3,187.26 B. 15. Travelers Insurance a /s /o Kim Galbo $ 1,456.47 B. 16. Jean Ann Pfohl $ 3,500.00 B. 17. Robert Roche $ 717.75 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of prober releases and closing papers. Passed ' I Recommended b the Committee on Claims Recommended �.�.� Y �__ Chairman �,1 � # � �!� ' �� ���; # | »� #�■ , �1� ■.■ ;�I�� �� ■ �# e # � ©!■ e!� \ �� # # � #� �\ {J C. l ABG Associates That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Rivera moved: That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following claim be paid: C. 1. ABG Associates $14,156.60 That a check be drawn on the account of Org 17221008 (480205) .Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper release where such release is indicated. Passed Recommended by the Committee on Claims A — Chairman rt � Miscellaneous Invoices That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: C. 2. American Rated Cable & Communications $ I30.00 G 3, Chudy Paper Company $ 60.00 C. 4. Colgate Heating Corp. $ 3,9833 C. 5. 1 fills Pet Nutrition $ 138.25 C. 6. Krista Gottlieb $ 517.99 C. 7. Linstar Inc. $ 390.93 C. 8. MJ Mechanical $ 3,439.10 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of prober releases where such releases are indicated. Passed Recommended by the Committee on Claims Chairman .02 O Cie IMQ C. 9. NYS Industries for Disabled - $47,992.67 That the above item be and the same is recommitted to the Committee on Claims. a d Recommended by the Committee on Claims Chairman f� O l`, y �Ii.; I I I IDI�Z " � - f l That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims Chairman s A O � Miscellaneous Invoices That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: C. 10. Parkside Press $ 32.00 C. l 1. RP Mechanical $ 3,26529 C. 12, R S Lang Enterprises $ 554.37 C. 11 Safety -Kleen Corp. $ 586.00 C. 14. STS Trailer & Truck Equipment $ 95.55 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims Chairman s A O � .*. AYE*. NO * PAYMS - "U &L FONTANA SM ITH [-------- - - - - -I [MAT- 5] 9 0 W - 61 LOCURM [3/4 - 71 - "U &L SM ITH [-------- - - - - -I [MAT- 5] 9 0 W - 61 [3/4 - 71 Miscellaneous Reimbursement That, upon the recommendation of the Corporation Counsel and the appropriate" . f : City Department, the following claim is to be paid: D. 1. William Ford $ 209.74 That a check be drawn on the account of Ord; 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper release where such release is indicated. Passed Recommended by the Committee on Claims Chairman D. 2. New York Environmental Protection and Shill' Compensation Fund Claim — 513 Sycamore St. That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Rivera moved: That upon the recommendation of the Corporation Counsel, and the appropriate City Departments, the following claim is to be paid: D. 2. New York Environmental Protection and Spill Compensation fund Claim -- 513 Sycamore St. $200,000.00 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims Chairman Miscellaneous Reimbursement That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claim is to be paid: D. 3. Linda Weiglein 246.82 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper release where such release is indicated. Passed Recommended by the Committee on Claims Chairman T: %vp60AmswordU 0- 22- 08committee.doc .*AYE* Ng PANVA FRANCZYK KEARNS (------- - - - - =- (- 51 9 0, M 61 [3/4 7] CIVIL SERVICE (Bonnie E. Russell, Chairperson) Notices of Appointments - Temp /Prov Perm(Cty C[k) (ccp# 27, 10/21) That the above item be the same and hereby is Received and Sited ADOPTED Recommended by the Committee on Civil Service a FINANCE (Michael P. Kearns, Chairman) r. Audit report-Gun Buy Back Program 9127108 (Compt) (ccp# 7, 10114) f That the above item be the same and hereby is Received and Piled M 9109M.N. 7 Recommended by the Committee on Audit Report - Bailey /Amherst District mngt Assoc (Univ)(Compt) / (ccp# 14, 4/30) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance F COMMUNITY DEVELOPMENT (Michael J. LoCurto, Chairman) Transfer Two ( 2) Homes in Sycamore Village. % hdivision . , , _ ... _ . _ __.._._ ___ _ (Item No. 63, C.C.P., Oct. 14, 200 8) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Mayor, the Chairman, Vice - Chairman, or any officer of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey lands to the purchasers which is subject to approval of Agency Legal Counsel: Charles Glover Dwaim M. James and Valerie E. Harge Passed. 7 Sydni Lane Lot 12 31 Sydni Lane Lot 16 $211,861.00 $206,963.00 Recommended by the Committee on Cvommun i ty DeW opme t Chairman TA3 :nnv t:lwp60�wsword'aniv\63c lo- l4c.doc A *AYE* NO * AAYIS * * * 9 * 0 :* FQNTA,NA ` FRANCZ1'K GOLOMEEK KEARNS LOCURTO RAM [-------- - - - - -I [MA7- 51 [ 2/3 - 61 [3/4 - 71 * * * * 9 * 0 :* t_E e ta ` `hransfer Two (2) I [ones in Sycamore Village Subdivision (Strat. Plan.) (Item No. 6, C.C.P., Oct. I4, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Lo Curto moved: That the above item be, and the same hereby is received and filed. Adopted Recommended by the Committee on Community Development Chi TAB: €my tAwp60vawwoi d\r1 nv\6u 10- 14c.doc Abandonment and Sale — Portion of Carroll Street i3 (Item No. 10, C.C.P., Sep. 30, 2008) vF; That the City of Buffalo does hereby abandon the easterly dead end portion of Carroll Street and authorizes the City to sell such property pursuant to Article 27, Section 27 -5 of the Charter of the City of Buffalo; and That the Director of Real Testate negotiate with Mr. Joseph A. Petrella, on behalf of Mill Race Commons, LLC, for the purchase of a easterly dead end portion of Carroll Street; and That the Director of Real Estate report back to the Common Council with the results of Negotiations. Passed. f f � Recommended by the Committee on Community Development - Z� Chairman TAB:rmv 1:%Nvp60%msword\rmv A10e9- 30(;.doc U) vswr 6L B. Davis -G. Ruiz- Acquiring Corner Lot on Virginia & Prospect St (Ell) (No 46, Sept 16) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development 1` LEGISLATION (Joseph Golombek Jr., Chairman) S. Marchione, Petition to use 2022 Seneca Street -- Outdoor Cafe (Item Flo. 36, C.C.T., Oct. 14, 2008) 'That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golornbek moved: That after the public hearing before the Committee on Legislation on October 21, 2008, the petition of S. Marchione, agent, for permission to use 2022 Seneca Street for an outdoor cafe to the rear of an existing sit -in restaurant 17' x 45' and at grade be, and hereby is approved with the following conditions: s Patio will be at least 7 ft. the rear property line before the installation of the wall. The applicant will construct a wall at the rear of the patio. The well will be the same height as the adjoining building (approximately 10 ft high). The entire patio will be fenced in and there will be no entrance or exit iron Seneca Street or the neighboring property. '['he only entrance to the patio will be from inside restaurant. 0 Applicant will landscape the area around the perimeter of the patio. ® The applicant will provide an area for smokers near the front of the patio. S1110king will not be allowed at the rear of the patio near the neighbors' yarn. ® The patio will close Sunday through Thursday at 10:00 pm and on Friday and Saturday at 11:00 pm. No use of the patio after these hours will he permitted. 0 The approval will be conditional for I year and must be re- approved by the Common Council After the initial I year period. There will be no outside music, speakers, or other amplified sound devices allowed on the patio at any time. There will be no garbage receptacles or garbage allowed on the patio at any tine. The approval of this patio is for the applicant only. if the property is sold or 14'a new owner takes over, a new application must be applied for and approved by the Common Council, Passed. Recommended by the Committee on Legislation Chairman TA.B:rmv l :Iw[)60lntswiirdl: rnrvl3f c 10- 1 4c.(Io(; AG S. Marchione, Petition to use 2022 Seneca Street — Outdoor Cafe (Item No. 36, C.C.P., Oct. 14, 2008) L That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on October 21, 2008, the petition of S. Marchione, agent, for permission to use 2022 Seneca Street for an outdoor cafe to the rear of an existing sit -in restaurant 17' x 45' and at grade be, and hereby is approved. Passed. Q)jC_0A)M !; Recommended by the Committee on Legislation Chairman L/ TAB :rmv tA%vp60 \mswordl:rmvN36c 10- 14c.doc Y'� �9F! � @� ��� '� "x'��'• �1�1s �• e � �p P o 0 f , � 1 tl 6�d .. G..1 .. 31 111�15 M, Oberst Petition to use, 807 Clinton Street — A iter the, C Tse of the. Rectory to a I - 41.1m 1r� Services Facility (Item No. 37, C.C.P., Oct. 14, 2008)1! That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golotrnbek moved: That the above - mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Legislation ( r _ Ciairman TAl3:rmv t:1wp6Mtuswordl:rmv137c 10- 1 4c.doc V1 Lodging House License -- 194 Chadduck u u (Item No. 17, C -C.P., Oct. 14, 2008) That pursuant to Chapter 269 of the Cit Code, the Commissioner of Economic Develop ent, Permit an nsp tions Ser ces b ,and he her is a lorize - � �t a Lodgin HouskLicef �to Wan any dlbla Lcxy ,LC located at 94 Chadd�lck. P r` Recommended by the Committee on Legislation --sA Chairman TAB:rmv T:\Nvp60lmsivordlrmv117c 10- 14c.doc 1 �� K� Mr. Golombek moved that the above item be recommitted to the Committee oil Legislation. M Kf. r ` ..o, Lodging House License — 557 Potomac (Item No. 18, C.C.P., Oct. 14, 2008) r} l•.'4 fiat �ursuant to Chapter - ?�9 of the City Code Ihe.Commissiozief - bevel pent, emit and Ispection�_Services b,e;'and he herby is:aiihorized'rai�t a Lodging House icense, Amin Hassan - located at 557 Potomac. Passed Recommended by the Committee on Legislation _ � ; Charrman TAB:nnv TAxvp60 \mswurdlrmv118e [ 0- f 4c.doc L� Mr. Golombek moved that the above item be recommitted to the Committee on Legislation. Restaurant Dancing Class III -- 483 Delaware (Item No. 19, C.C.P., Oct. 14, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to C apter 150 of sh� Code, the CarmIxris over of Economic Develolmlent,' ',Permit 1 1nection r z e vices be, jtl he -her6by is at7thrr�� zcd�to >an �r- Restaurant Daing�Class Iff to William R. Goodhue, dlbla Stillwater Grille, LLC, located at 483 Delaware. I'as�eci. o -:��S to - �'..,_. � ` l''d 1 i' Recommended by the Committee on Legislation 5 i CChairnlan TAB:i - mv 1:\wp60\mswordlra v119c1(l- I4c.doc 1 F � 0 lZ I A.H Urging Verizon to Prioritize the City ox Buffalo ror I"iO x v . ueploymetA (Item No. 68, C.C.F., Oct. Id, 2008) That the Common Council expresses its support for Verizon prioritizing the City of Buffalo for FiOS Internet and television deployment. Adopted Recommended by the Committee on Legislation I V Chairman TAB :rmv T Awp6O\mwcirdlmiv168c10- 1 4c. d oc Secondhand Dealer — 2222 Genesee Street (Item No. 37, C.C.P., Sept. 30, 2008) (Item No. 54, C.C.P., Oct. 14, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer License to Dwayne Hicks dlbla Ocean Blue Thrifty located at 2222 Genesee Street. Passed. Recommended by the Committee on Legislation Chairman TAR:rmv tAwp6 m9wordlrmv\37e9- 30c.doc ,'a ■ e� # a # #f� �I� #�■ ■ � # � e ■ ; #! #� #] #� # � � � . ,! # .# # �H #I� �■ ■, #la 000OG"I Food Store License -- 465 Best (Item No. 27, C.C.P., Sept. 30, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Mohamed Alfasafi located at 465 Best (Alfy's Food Market). Passed Recommended by the Committee on Legislation ` Chairman TA13:rmv T :1wp601rn sword\rmv\27c9- 30c.duc aFI� � ;dt.1� � , � � �l��� i ICS ti{i C+ o ; ��_ �. �, . ���� 00 0 06 4 Request Establishing & Charring Parks Advisory Con - iinittee (Item No. 62, C.C.P., Sept. 30, 2008) That the above item be, and the same hereby is recommitted to the Committee on Legislation. Adopted �j Y Recommended ley the Committee on Legislation � :�"X i � �� Chairman TA €3:m1v t v. 3Oc.dm iU 901 Landmark Designations -- "Heath House" and "Elmwood Park and Former School 46 Located at 386 Virginia Street" (Item No. 3, C.C.P., Sept. 2, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved That after the public hearing held before the Committee on Legislation on September 23, 2008, the "Heath House" located at 76 Soldiers Place and "Elmwood Park and Former School 46 located at 386 Virginia Street' be designated as local historical preservation districts, pursuant to Article III, Section 337-7 through 8 of the Preservation Standards of the Buffalo City Code; and That these designations are made upon due consideration of the reports and for the reasons set forth in the reports of the Buffalo Preservation Board; and That the Secretary of the Preservation Board be, and hereby is directed to file a description of the historic districts with the City Clerk, the Planning Board, the Director of the Division of Planning and with the Department of Public Works, Parks and Streets; and That the Petitioner is directed to file a description or map of the properties with the Erie County Clerk's Office. Passed. Recommended by the Committee on Legislation�'� Chairman TAB:rrnv t:Nwp60\ynsword\rmv\3c9- 2c.doe iF 91• %n don 0 ,T R. Stanton- Proposed Improvements 481 -483 Delaware (Ell) (#48,6!24)(101,718 /)( #22,7130)(120,7122)( #121,9116) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation�°� ra k .x'+ Notif Serials 1 0240 -1 024 3 (Ell)(PW) (# 14,9!2) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 1�� 1)0G Lodging Clouse License — 120 Church Street (Item No. 42, C.C.P., Sept. 2, 2008 That pursuant to Chapter 269 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Lodging House License to Rudi Rainer d /b /a W2007 MVP Buffalo, LLC located at 120 Church Street. Passed 1 Recommended by the Committee on Legislation f+ hairrmall TAB:rmv 1 2c.doe �U DAVIS FONTANA ERANCZXK- CURM RESOLUTIONS Oct 28, 2008 (1�9 0 I- ESOL.,UTION By: Mr. Fontana ' 11 M j 1J Re: Agree to Maintain, Repair, and Energize a Highway Lighting System on or along State Highway within the geographical jurisdiction of the City of Buffalo -- Iledestrian Bridge over NY Route 33, Kensington Expressway, 'IN 5512.43 Whereas: The State of New York Department of "transportation proposes to construct a pedestrian bridge over NY Route 33, Kensington €.xpressway, P1N 5512.43, in the County of Erie; and Whereas: The State of New York Department of'Iransportation proposes to construct a pedestrian bridge over NY Route 33, Kensington hxpressway, PIN5512.43, within the geographical jurisdiction of the City of fluffalo; and Whereas: The City of Buffalo approves of such project and desires to have a highway lighting system on such highway within its geographical jurisdiction; and Whereas: The State of New York has agreed to provide as part of the project the following items in connection with a street lighting system: • Underground duct system, including conduits, pull boxes, hand holes and drainage pockets • Ducts, pull boxes and anchor bolts on structures • Foundation for light standards • Light standards (to be provided by the City of Buffalo) • Luminaries (to be provided by National Grid), wiring switches and ballasts and all other components necessary to complete the lighting system; and Whereas: The City of Buffalo agrees to maintain, repair and energize such highway lighting system for a period of 10 years or until such time as the Commissioner of Public Works, Parks & Streets, at his discretion, determines that such lighting and/or maintenance of such lighting is no longer necessary for such highway; Now, `therefore be it Resolved: That the Common Council of the City of Buffalo approves of the above subject project; and Be it Further Resolved: That the City of Buffalo shall maintain, repair and energize such highway lighting system; and Be it Further Resolved: That the Common. Council of the City of Buffalo hereby authorizes Hon. Mayor Byron W. Brown to enter into and execute an Agreement with the State o:[New York and through the C orrimiss io tier of Transportation to commit the City of Buffalo to maintain, at its own expense, the lighting system on. the above - icfenti ied project, such agreement to provide that the maintenance shall include the repair and replacement of equipment and the furnishing of electric current for the lighting system; and Be it Filially Resolved: That the City Clerks office is hereby directed to send five (S) certified copies of this resolution to the New York State 13epartment of "I'ransportatiom PASSED NI Richard A. Fontana 09 0 1- 070 lg RESOLUTION 1 By: Mr. Fontana Re: Waive Construction Fees & Contractor License Fees for Habitat for Humanity Buffalo for 2009 Whereas: Habitat for 1- lumanity has an excellent reputation as a not -for- profit organization; and Whereas: The Habitat for I lumanity volunteer work force continues to rehabilitate older homes and build new odes; advancing their mission to increase home ownership and property tax revenue for the City ofBuflalo, all while strengthening our City; and Whereas: In 2008, Habitat for Humanity has completed rehab projects at 38 Glendale, 227 Peach, 1061Iubbell, 449 Breckenridge, 38 IKenova, 44 Brinkman, 95 Vanderbilt, 99 Weber, and 317 Cornwall Avenue; -and Whereas: Current rehab projects are underway at 314 Vermont, 374 Woodside, 68 Brinkman, 98 1-Iunrason, 421 Cambridge, and 529 LaSalle, with new build projects at 27, 30, 33, 48 Guilford Street and 19 Ferguson Avenue; and Whereas: Habitat for Humanity has completed 182 projects in 23 years of building, which translates to 731 more citizens of Buffalo now living in decent of fordable housing, of which 475 are children; and Whereas: All fees waived by the City of Buffalo will translate directly into reduced building costs and more construction dollars, thus allowing for more; projects to be completed. Ninety cents of every dollar Habitat for Humanity spends is directed towards construction expenses; and Whereas: The City ol'Buffalo, and especially this Common Council, sees to maintain and encourage Such a valuable partnership by increasing our support to all causes aimed at strengthening and revitalizing our "City" neighborhoods; Now, Therefore be it Resolved: That the Common Council does hereby request that the Department of F;conomic Development, Permits & Inspection Services waive all construction permit fees and contractor license fees Im the 2009 calendar year for Ilabitat for I -lu nanity of Buffalo in order to promote our goal of increasing home ownership in the City of Buffalo; and C Be it Further Resolved: %I 7 That the Commissioner of the Department of Economic .Development, Permits & Inspection Services report back to the Common Council on any and all action taken to achieve the above goal of waiving constriction and contractor license fess for Habitat for l lumanity for the 2009 calendar year, within 30 days of passage of this resolution by the Common Council; and Be it Finally Resolved: Tliat the City Clerk is directed to send certified copies of this resolution to Commissioner Brian A. Reilly, EDPI, Alisa Lukasiewicv, Corporation Counsel and Ronald `f'alboys, President, Il.ahitat for Humanity Buffalo, 995 Kensington Avenue, Buffalo, NY, 14215 for their review. PASSED ;. Richard A. Fontana f� �7 ��� a # ■!e e�# ■ �.e e 6 : ■) � aPa. .9 }a #�+ #�# ��-�- :. � � 01310 RESOLUTION Sponsor: Mr. Franczyk f �EJ Subject: Request for Audit of the Recapture of City Assets on the Termination of the Broadway !Market [Management Agreement Whereas: The Broadway Market Management Corporation (BMMC) has notified the City of its desire to terminate on October 31, 2008, its current operating agreement with the City of Buffalo which expired on June 30, 2008 and has since been extended on a month to month basis; and Whereas: The City of Buffalo is the owner of the facility more commonly known as the Broadway Market and certain assets and real property improvements therein as well as day - to-day responsibility for the supervision and management of the facility, will revert to the City or its operator designee on October 31, 2008; and Whereas: This transaction may affect certain City Departments and Agencies and will require of them that they undertake an immediate review of the impact that the departure of the BMMC will have on their operations; and Whereas: All elected and appointed officials and employees of the City of Buffalo are responsible for protecting the interests of the taxpayers in such matters as well as ensuring a smooth transition for market tenants and the continued viability of market operations for customers and visitors to this landmark. Now Therefore Be It Resolved: That this Common Council hereby requests the Comptroller of the City of Buffalo in concert with any and all affected City Departments and Agencies, to immediately undertake an audit of the recapture of City assets as well as the transfer of utilities and facility supervision to the City or its successor operator designee, to protect the interests of City taxpayers and to ensure the seamless transition of business affairs in anticipation of October 31, 2008; and Be It Further Resolved: That the Comptroller report to this Common Council as soon as possible thereafter, on the outcome of efforts by his Department and other affected City Departments and Agencies to effectuate an orderly transition as stated herein. ADOPT 15t RESOLVE THE REMAILRDER REFERRED TO THE COMMITTEE ON FINANCE AVID A. FRANCZYK N Common Council Member, Fillmore District 0 �K X` �° 00`e Sponsor: Mr. Franczyk RESOLUTION 4 Subject: Request for Status Update on the announcement of the Erie County Executive of his intention to terminate the intermunicipal agreement to operate and maintain City of Buffalo Parklands Whereas: The Erie County Executive as part of his remarks to the media regarding the release of his upcoming budget for the operation of the County of Erie, NY, for the fiscal period beginning January 1, 2009, has stated his intention to terminate the intermunicipal agreement between the City of Buffalo, NY and the County of Erie, NY together with the Olmsted Conservancy, for the operation and maintenance of City Parklands; and Whereas: This transfer of responsibility would greatly impact on the operations and budgets of the County of Erie and the City of Buffalo and by terms of the agreement, requires that each party give to the other, appropriate notice of termination of the agreement and the inherent transfer of supervision and responsibility for operation and maintenance of City Parklands; and Whereas: The current intermunicipal agreement in Article III, par 3.3 states "The County may terminate this Agreement for cause only, upon one (1) years written notice to the City." Now Therefore Be It Resolved: That this Common Council hereby requests that the Department of Public Works, the City Administration and related City Agencies to immediately file with this Council, any official notice from the County of Erie, NY stating their intention to terminate the existing intermunicipal agreement for the operation of City Parklands; and Be It Further Resolved: That all City Departments and Agencies undertake a review of their operations to assess the impact that the termination of the intermunicipal agreement for the operation and maintenance of City Parklands could have on their operating, personnel and capital budgetary needs and file a report of same with the Common Council as soon as possible; and Be It Finally Resolved: That the City Administration immediately advise this Common Council of its ongoing efforts, any, to address this matter including short and long range planning to assume responsibility for the operation and maintenance of City Parklands should the need arise. DAVID A. F - Common Council Member, Fillmore District if ADOPT Ist and 2nd RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON FINANCE By: Mr. Kearns Transfer of Funds Capital Projects 'chat, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $156,977.50 be and hereby is transferred and reappropriated as set forth below. From; 30058606 - 445100 CONS EIS TFR STN $156,977.50 To: 30000106 - 445100 Planning Capital Projects $156,977-50 From; 30000106- 445100 Planning Capital Projects $156,977.50 31310406 - 445100 CM Infrastructure RPR &RPL $156,977.50 LA )'�� © |# e/� # ■ # � � ■!■ � ■ � a ■ ��■ �I #� # [e # «l# #!a �+ � .�.. #I� #0# � �� ■ !� l e �� . #�a!# � . �! ■!■ �| � � � | . , . . � � � �- � § .` � � � � . 01 0 00 1- 0 1 Resolution Sponsor(s): Mr. LoCurto, Mr. Franczyk Re: Waive Building Permit and Planning Board Fees for the Buffalo Zoo WHEREAS: The Buffalo Zoo, the third oldest facility of its kind on the country, over the last several years has made tremendous progress toward a full renovation of its Delaware Park facility; and WHEREAS: "Their successful campaigns have raised more than $26 million for capital projects which includes updating the Main Animal Building, creating the Sea Lion Cove and Otter Creek exhibits, as well as the American Rainforest exhibit; and WHEREAS: The Zoo is now expanding their Veterinary hospital and constructing a new Children's Zoo at a cost of $2 million and $1.7 million, respectively; and WHEREAS: The Zoo has worked hard to raise; the necessary funds to build these two projects; and WHEREAS: The Buffalo Common Council desires to assist in any way possible the renovation efforts of the Buffalo Zoo, this tremendous regional tourist attraction, and a true gem. in Buffalo's Olmsted Park System; NOW THEREFORE BE IT RESOLVED: That the Buffalo Common Council agrees to waive any fees associated with the building permits and Planning Board review fees required for the expansion of the Buffalo Zoo's Veterinary Hospital and the construction of their Children's Zoo, in order to assist the 'Zoo in their ongoing work to make our Zoo the best it can be. a Michael J. ,oCurto David A. Franczyk c f' f f j l 5 Or 1 � 1 By: Messrs. Rivera and LoCurto Re: Ordinance Amendment Chapter 43l Tax Prcparer Repl ation Ther The CorrrnTron Council of the City of Buffalo does hereby ordain as follows: That Chapter 431 of the Code of the City of Buffalo be amended to read as follows: §431 -1. Definitions A. For the purposes of this section, the terra "tax p re l arer" or "P means a person, _partnersllip, corp oration or other busines entity, that for valu conside advises or assists or offers t o_ ad vise or as sist in the p of incom tax returns for anothe _ � B, Far the pur poses of this subchapter, the te rm "refund antic loan" mea an loan a taxpayer mad rec eive again his or her ariticipated income tax te §431 -2. Disclosure A. A tax who is required, _pursua to feder l sta or local la o r regulation, to siyn income tax retu as a lire varie shall prominently an po st o n the business premises an identificati and qualifi statement. The t ter uent shall includ but is no limited to, the nam of t tax pre pa an a ddress and phone number at which t ement of any qualifications possessed by the tax preparer, whicla may include a sta of satisf actory completion of an educational or training ro wain in income tax law tl, reory or practice by the p reparer. B. � The tax preparer shall provide the c with a receipt containin address and num at which the preparer ca be c thr the year X43 -3. Records No tax preparer shall intentionally misstate or misrepresent any i relating to his or her education, traini or experience on an identification and q ualification state A tax preparer shall maintain re to substantiate all of the informat contained on such a st atement, rovided, however, th an affidavit j. m ed by the tax prep arer _indic pi that the informa cont ained on a stat ement is true sh all be sufficient t sub stantiate any information if othe re cords are not ava Such rec ords ad/oraffli shall be kept on file on the business prem and shall be p on demand for insvection by th Buffalo Police De `43§ 1 -4. R A Loans `1 i l� A . A ny tax preparer who advertises the availability of a r efund anti ation loan _may not directly or indirectly represent su a loan as a refund. Any advertis which men tions a refu anticipatio loan must state conspicuously that it is a loan and tha _a lee or interest will be charged by the l endin_a , i nst itutio n,.__`l h e advertisement must also disclose the name of the lendinLl institution. H. Bef an taxpaver enters into a refund ant iciatioi� loan the tax pre parer facilitating such loan shall provide the f oll ow in g disclos to the taxpaye in wzi tiz� , in E n �lish And�anis in at least 14 - point type. In the event th the taxt�aye dodoes not understand E li�or Spanish, the tax spar s a lsoprovide a poin - by - -oint oral expl anation of the followin J required disclosure in a Ian e_ understood by the ta paver: -YO ARE N OT REQUIRED TO ENTE IN TO T HIS REFUND ANTICIPATION L A.GRE MERELY BECAU YO HAVE; RECE IVED THIS INFORMATIO ~ • IF YOU DO SIGN A CONTRACT FOR A REFUND ANTICIPATION LOAN, YOU WILL BETA OUT A LOAN. YOU WILL BE I?- ESPO FOR REPAYMENT OF THE ENTIRE LOAN AMOUNT AND ALL RELATED COSTS AN FEES, RE OF HOW MUCH MONEY YOU ACTUALLY RECEIV IN Y OU R `FAX REFUND. • IF YOU DO NOT TA O T H I S RE FUND ANTICIP LOAN YOU ARE ELIGIBLE TO RECEIV A GROSS TAX REFUND O F APPROXIMATELY $ (insert amount) • IF YOU DO TAKE OUT THIS REFUND ANTICIPATION LOAN, YOU WILL BE RESPONSIBLE TO PAY $ amount) IN FEES F TH LOAN. AFTER THESE FEES A RE PAID, YOU WILL RECEIVE APPROXI $ (insert amounts AS YOUR LOAN. • THE ESTIMATE AN NUAL , PERCENTAGE RATE OF Y REFUND ANTICIPATION LO &N I nsert amo unt)%. TH IS BAS O ACTUAL AMOUNT OF TI YOU WILL BE LENT MONEY TH THIS REFUND ANTICIPATION LOAN. • IF YOU DO TAKE OUT THIS REF ANTICIPATION LOAN, YOU CAN _EXPE TO RECEIVE YOUR LO WITHIN APPROXIMATELY TWO BU SINES S D OF (insert date) • IF YOU DO NOT TAKE OUT THIS REFUND ANTICIP LOAN YOU CAN STILL RECEIVE; Y TAX REFUND QUICKLY. IF YOU FILE YOUR TAX RETURN ELECTRONICALLY AND RECEIVE YOUR TAX REFUND THROUGH THE MAIL, YOU CAN EXPECT TO REC YOUR REFUND WITI -I1N AP T WO B USINESS DAYS OF [insert date]. IF YOU FILE YOUR TAX RETUR ELECTRONICALLY AND HAVE YOUR T AX REFUND DIREC DEP I NTO A BANK ACCOUNT, YO CAN EXPECT TO RECEIVE YOUR REFUND WITHIN APPROXIMATELY TWO BUSINESS D AYS OF (insert date). C. ^ It shall be the obligation of the tax prepares to cgpV]ete the recfuired disclosure accurately_ with all relevant information for each taxpayer, to provide the required poi�it- by oral explanation when necessary, and to ensure that the completed disclosure for is signed by the taxpayer before he or she en into a refu anticipation loan. §431 -5. Exemptions. A art Iro 431-2 and the aceo a� nyin as .l isted in 031 -6, the provisions of this subchapter shal not aVply to: A . An officer or employee of a corporation or business_ enter prise who, in his or her capacity as such, advises or assists in the preparation of income tax returns relatin to s uch corporation or business en terprise. B. - An attorney at law who advises or assists the_preparation of income tax. returns _ in the practice of law and the employees thereof. C . A fiduc and the e_m to ees t hereof w h_o adv ise or assist in the �paratio of i ncome tax returns on behalf of the fiduciary eestate.th testator, trustee, grantor or beneficiaries thereof'. D. A certified public accountant and the employees thereof. E. A public accountant licensed pursuant to the education law an the employ th ereof : 1' _ An em0ovee of a governmental unit, ag ent or instrum entality who advises or assists in the preparation of income tax returns in the performance of his or her official duties. G. An went enrolled to - pra before t he i nternal revenue service pursuant to section 10.4 of subpart . A of part ten of title thirty -one of the code of federal regulations. §431 -6. 1?e naltics Any person, partnership, corporation or other business entity who v iolates anY pI'ovision of this subchapt or any of the reula is hereunder shall be liable for a civil penalty of two hundred fifty dollars for the first violation and for each succeeding violation a civil penalty of five hundred dollars. I RE °" APPROVED AS TO FORM r} r Asst. &rporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. cp 00007% RESOLUTION Sponsor: Mrs. Russell Re: MAIN STREET RECONSTRUC'T'ION PROJECT- PHASE I- HERTE.L AVENUE TO BAILEY AVENUE - P.I.N. NO.: 5034.93 WHEREAS, Oil December 19, 2003, tale City of Buffalo, Department of Public Works, Parks and streets received bids for Phase I of the Main Street Reconstruction Project, for the reconstruction of Main Street from NY Route 198 to Ilertel Avenue, PIN 3 5034.93 and said bids were forthwhile reported to the Common Council for approval; and WHEREAS, On Jai) nary 6, 2004, the Common CotmciI of the City of Buffalo accepted said bids and authorized the Commissioner of Public Works, Parks and Streets to enter into a contract with file lowest responsible bidder, that being CATCO, 1298 Townline Road, Alden, NY 14004, with a total bid price of $16,061,028.23; and WHEREAS, The Corn inissi oil er therea fter cxccuted a standard construction contract with CATCO for the above - referenced construction project; WHEREAS, As part of said contract, the City was authorized to maintain a retention find in order to satisfy any claims made against the contractor and/or its subcontr=actors for negligence resulting in property damage during the construction project; and WHEREAS, There remains at least one ottstanding claim against CATCO and/or its subcontractors for property damage incorred as a result. of said construction project; and WHEREAS, Upon information and belief, the retention fund established for said project has not yet been released to the Contractor; and WHEREAS, By copy of this Resohttion, the Commissioner of Public Works, Parks and Streets is hereby notified of the existence of outstanding claims against the contractor and /or its subcontractors relative to this project. NOW THERFORE BE IT RESOLVED, That the Commissioner of Pttblie Works, Parks and Streets is hereby directed to withhold the retention fund established in connection with the contract for Phase I of the Maid Street Reconstruction Project -Phase I from Hertel Avenue to Bailey Avenue, PIN #5034.93 until he has verified that all ontstanding claims against the contractor an d its subcontractors have been resolved; and 13F IT FURTHER RESOLVED: That a copy of this Resolution be forwarded to the Commissioner of Public Works, Parks and Streets forthwith; and BE IT FURTHER RESOLVED: That the Commissioner of Public Works, Parks and Streets is directed to report the release of the retention fund for the above- referenecd project to the Contractor to the Common Council, alter he has verified that all outstanding claims against the Contractor and /or its subcontractors have been resolved. Bonnie E. Russel[ University District Council Member PASSED .� � � � ��s �4is � � � � �r� ��x�t� M rs, D USs Re: Ordinance Amendment Chapter 264, Rental Dwelling Unit Registration The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 264 of the Code of the City of Buffalo be amended to read as follows: Chapter 264, RENTAL DWELLING UNIT REGISTRATION [HISTORY: Adopted by the Common Council of the City of Buffalo 9 -8 -1998, effective 9 -25- 1998; amended in its entirety 7 -6 -2004, effective 7 -16 -2004. Subsequent amendments noted where applicable.] GENERAL REFERENCES Certificates of occupancy -- See Ch, 129. Housing standards -- See Ch. 242. Property maintenance -- See Ch. 341. § 264 -1. Legislative findings and intent. The Common Council of the City of Buffalo hereby finds and declares that the rental of dwelling units constitutes a business which impacts upon the public health, safety and general welfare of the people of the City of Buffalo. The intent of this chapter is to regulate the offering for rental of dwelling units to protect the public health, safety and general welfare of the people of the City of Buffalo and to further achieve the following beneficial purposes: A. The protection of the character and stability of residential areas; B. The correction and prevention of housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well -being of persons occupying dwellings; C. The enforcement of minimum standards for heating, plumbing and other sanitary equipment necessary for health and safety; D. The enforcement of minimum standards for light and ventilation necessary for health and safety; E. The enforcement of minimum standards for the maintenance of existing residential buildings and the prevention of slum and blight conditions; I F. The preservation of the value oflancl anCl buildings txuuLiwIxUuL siic � ��}. 264 -2. Definitions. f As used in this chapter, the following terms shall have the meanings indicated: COM2VIISSIONER Of PERMIT AND INSPECTION SERVICES or CO viMISSIONER -- The Commissioner of Permit and Inspection Services or his designee. DWELLING UNIT -- A single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile or residence of one or more human beings. HOUSING CODE -- All state and local laws, codes, ordinances, rules and regulations for the establishment and maintenance of housing standards. OWNER -- The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee or agent. § 264 -3. Rental dwelling unit registration required; exemptions. A. Registration required. No person shall allow to be occupied, or rent to another for occupancy, any dwelling unit unless the owner has first obtained a rental dwelling unit registration certificate as hereafter provided. 13. Exemptions. The provisions of this chapter shall not apply to owner - occupied properties containing two or fewer dwelling units; hotels; motels; bed - and - breakfast establishments; rooming or boarding houses; hospitals; nursing homes; or other dwelling units which offer or provide medical or nursing services : if such units are subject to state or federal licensing or regulations concerning the safety of the users, patients or tenants. The provisions of this chapter shall not apply to buildings having an existing and valid certificate of occupancy. [Amended 1- 11 -2005, effective 1 -24 -2005] § 264 -4. Application for registration. A. Within 60 days after the effective date of this chapter, the owner of each dwelling unit existing on the effective date of this chapter shall make written application to the Commissioner of Perinit and Inspection Services for a rental dwelling unit registration certificate. In addition, the owner of each dwelling unit constructed after the effective date of this chapter shall make written application to the building official for a rental dwelling unit registration certificate as herein provided prior to any initial occupancy. Such application shall be made on a form furnished by the Commissioner and shall set forth the following information, in addition to other information required by the Commissioner from time to time which may be necessary to administer, enforce, and insure compliance with the provisions of this chapter and the housing code. 2 1i l y Y a '� t �pr� inn- ..', lr� Name, principa 4 �..J1l.+ynL� C�E�ZI.�CJJ, �t tt�.A}JUt ULSJL31l.J.7 0.111114,]) C,iS1lJ. lVll,. l.Jlll /S1L AAI,SAIli�1 the owner. (2) If the owner is an association, limited liability partnership, joint tenancy, tenancy in common or tenancy by the entirety, then each and every owner or general partner shall be indicated on the application and register an address in accordance with Subsection A(1) of this section. (3) If the owner is a corporation, the principal place of business of the corporation must be provided and the name, title and residence address of all officers, directors, managing or general agents must be included. (4) If the owner has designated an agent or managing company, then the name, principal residence address, principal business address and telephone number of such agent or managing company must be included in addition to that of the owner. (5) It shall be the responsibility of the owner to properly register any change of address, agent or any other information which occurs after the filing of the application. (6) For purposes of this section, a post office box shall not be accepted as the owner's address. Further, the building intended to be licensed shall not be accepted as the owner's address unless it is the principal place of business or residence of the owner. (7) The owner shall specify the address to which all notices of violation issued pursuant to § 264 -15 of this chapter, and other violations of the housing codes, and invoices for fees are to be forwarded. (S) If the owner does not reside within the County of Erie (New York State), the nafne address and telephone number of a contact/agent who resides in the County of Erie (New York) must be provided. B. Failure to provide such information shall be grounds to deny a rental dwelling unit registration certificate. § 264 -5. (Reserved) § 264 -6. Issuance or denial of rental dwelling unit registration. Upon completion of an inspection of a building and dwelling units therein, if the Commissioner f nds noncompliance with the housing code, the Commissioner shall issue a notice of violation in accordance with § 264 -15 of this chapter for the correction of any violations of the housing code. Upon reinspection, if the Commissioner finds noncompliance with the notice of violation the Commissioner shall deny a certificate or revoke any issued certificate in accordance with the procedure set forth in § 264 -10 of this chapter: The Commissioner shall issue a written statement setting forth the reasons for the denial or revocation. 3 S 264- 7..Effect of derilal or 1CVOC LUIU11. r _s A. Vacant units. When a rental dwelling unit registry €tion certificate has been denied or revoked, no further rental and occupancy of dwelling units then vacant shall be permitted until a rental dwelling unit registration certificate has been issued. B. Occupied units. In addition to other penalties under this chapter, when a rental dwelling unit registration certificate has been denied or revoked, the dwelling units containing such violations shall be vacated after the Com missioner provides notice to the owner and the occupants of the dwelling units containing said violations. Such notice shall direct the owner and occupants of the dwelling units containing such violations to vacate within a period of time as determined by the Commissioner and may provide a reasonable period for the owner or occupants an opportunity to correct such violations. For the owner, such notice shall be mailed by first class mail to the owner at the address provided by the owner pursuant to § 264 -4 of this chapter or personally served upon the owner by delivering the notice to the owner or by delivering the notice to a person of suitable age and discretion at the owner's residence or place of business. For the occupants, such notice shall be mailed to the occupant at the dwelling unit or posted conspicuously at the occupant's dwelling unit. Vacated dwelling units shall not be reoccupied until a rental dwelling unit registration certificate has been issued. C. Occupied units; immediate hazard. In addition to other penalties under this chapter, when a rental dwelling unit registration certificate has been denied or revoked for reasons which, in the determination of the Commissioner, present violations of the housing code that create an immediate hazard to the health and safety of the occupants, the dwelling units containing such violations shall be vacated within 30 days of such determination. The Commissioner's determination shall be in writing and shall direct the owner and occupants of the dwelling units containing such violations to vacate the premises within a period of time not to exceed 30 days, as determined by the Commissioner. The Commissioner's determination shall be mailed by first - class mail to the owner at the address provided by the owner pursuant to § 264 -4 of this chapter or personally served upon the owner by delivering the notice to the owner or by delivering the notice to a person of suitable age and discretion at the owner's residence or place of business. The Commissioner's determination shall also be posted at the subject building and, to the extent possible, it shall also be posted conspicuously at each dwelling unit. Vacated dwelling units shall not be reoccupied until a rental dwelling unit registration certificate has been issued. D. The notices provided under this section shall not be used to institute, or deemed to establish sufficient grounds for, a summary eviction proceeding under the Real Property Actions and Proceedings Law. § 264 -8. Term of rental dwelling unit registration. A rental dwelling unit registration issued pursuant to this chapter shall expire one year after the date of its issuance, unless sooner revoked pursuant to § 264 -10. Within 60 days prior to the 4 I expiration of a rental dwelling unit registration certiiicaic, the Vvvliii shad ialai{e written application for a rental dwelling unit registration certificate in accordance with § 264- -4 of this chapter. In no event shall a certificate be issued pursuant to this chapter remain in effect more than one year after the date of its issuance unless further extended by the Commissioner for sufiicierit cause. 264 -9. Transfer of rental dwelling unit registration. A rental dwelling unit registration issued pursuant to this chapter is transferable to any person who has acquired ownership of a registered building for the unexpired portion of the one -year term for which it was issued, provided that an application to transfer such certificate is filed with the Commissioner within 30 days of title transfer and the dwelling units therein are in compliance with the housing code. § 264 -10. Revocation of rental dwelling unit registration certificate. A. A rental dwelling unit registration certificate issued pursuant to this chapter may be revoked by the Commissioner for any one or more of the following reasons. (1) Fraud, misrepresentation or a false statement as to a material fact in the application. (2). A finding that a rental dwelling unit registration was issued in error and not in accordance with applicable law. (3) A violation of any of the provisions of this chapter, including noncompliance with a notice of violation issued pursuant to § 264 -15. (4) The Commissioner or hi designated r determines that the rental dwelling unit does not substantially conform with this Chapter or the New York State Uniform Fire Prevention a nd Building Co de. B. Prior to such revocation, the Commissioner shall hold a hearing, after at least 10 days' notice of the time and place of the hearing provided to the owner. The Commissioner shall issue a written statement setting forth the reasons for the decision. § 264 -11. Duties of certificate holder. Every holder of a rental dwelling unit registration certificate shall: A. Conspicuously post the certificate in a protected mounting in the public corridor, hallway or lobby of the building for which the certificate was issued. This posting shall be in a common entrance. If no common entrance exists, then posting shall be made at the entrance of each dwelling unit. In the alternative to such posting, the license shall be produced by the owner at the request of a tenant, a prospective tenant or upon demand of the Commissioner. 5 R f :,r f.r, .xritl, x,11 ctat� r•nrintrr anri ('itcr nnil nrdinstnces on ma- lcrs '! 1.J. �V111V 11L1 YY tl1A LCA.L 'V L11lA LL�J�+AA4lLV Ate+ 4LlF,L V, +V +? J uaau �i +J au ri. aaa'u �.x aa+,wxa..vU .a +��.- `� >•' "j not spec ifieally addressed in this chapter. -/ § 264 -12. fees. A. The Commissioner shall review the fec schedule annually and recommend changes as he deems appropriate, to the Common Council. § 264 -13. Penalties for offenses. [Amended 4 -22 -2005, effective 4 -25 -2005 A. Any violation of this chapter by a person., firm, corporation or other entity shall be a violation punishable in accordance with the general penalty provisions under Buffalo Code § 1- 15, with said penalties to be in addition to the revocation of a rental dwelling unit registration certificate issued under the provisions of this chapter. In addition, the annual registration fee will double 30 days after the due date has passed and a second invoice for payment has been sent first -class mail to the owner. In addition, a summons will be issued 60 days after the due date has passed and a fine in the amount of $75.00 will be imposed in addition to all outstanding registration fees and late charges. Furthermore, a notice to vacate may be issued and all tenants removed for failure to register a dwelling unit 30 days after the due date has passed and after notice to the owner and occupants by the Commissioner. B. Notwithstanding the lack of a specific reference thereto, failure to comply with any section, provision or requirement in this chapter shall be a violation and shall be punishable by a fine or penalty of not more than $1,500 or by imprisonment for not more than 15 days, or by both such fine and imprisonment, for each such offense and any other applicable state statutes. This chapter is a part of the City health, safety, housing, building, fire prevention and housing codes, and a violation thereof shall be deemed to be a violation for purposes of state statutes allowing escrow of rent to remedy violations. Any charges involving violations of this chapter may be brought before the Housing Part in Buffalo City Court. § 264-14. Enforcement inspection criteria and authority. A. U_ on the rental dwellin unit bein registered the owner of the rental dwellin unit consents to the inspection of the dwelling unit by the Commissioner or his desi Hated representative. The Commissioner or his desi Hated re resentative rrka make an ins ection of the ren tal dwelling unit to determine whether or not such rental dwelling unit is in subs tantial compliance with this Chapter and the N ew York State Uniform lire Prevention and . Bu Codes. At the conclusion of said inspection, the Commissioner or his designated representative shall provide the Owner or the Owner's representative at the inspection with a copy of the results of tl� ection. B. If the results of the inspection conducted pursuant to § 264 -14(A) above demonstrate that the d wellin unit is in substantial co m fian with this C ha and the New York State Uniform J a s• r. a 1 �Z�.- CsL., .] 1 4 1� 11 k� n1 to retain hid fa "� �` Fire P and B odes tiie Owner o ���e uwv u>14L s1 or her Rent D welling Unit Registratio Certificat [Inspection criteria. The Commissioner shall not inspect any rental dwelling unit for the purpose of registration unless it falls within one or snore of the following cri teria, and a rcgi tration certificate will not be issued if one of the following occurs: (1) The owner fails to properly register subject properties, or this registration certificate is revoked; (2) Such unit has been abandoned by the owner, or the owner of such unit cannot be found; (3) An excessive amount of exterior inspection violations or excessive callback fees have been imposed or billed as a result of enforcement activity under Chapter 137 of the Legislative Code; (4) The unit is on a parcel of land which is on the list of delinquent taxes filed by the Department of Assessment and Taxation, or on a list of delinquent user fee charges, or outstanding administrative adjudication charges, or any other collection accounts outstanding with the City of Buffalo; (S) The unit or the property within which the unit is located has, within the preceding three months, been the subject of a written petition filed with the Office of Citizen Services or by any district Councilmernber, which petition requests that such unit be inspected and is signed by five or more persons having personal knowledge of the unit or property, stating one or more reasons why such unit should be inspected by the City; (b) The Commissioner has probable cause to believe that there exists within such unit one or more violations of codes which constitute a serious danger to the health, safety and welfare of persons living in such unit, or which would make the unit or structure in which the unit was located a dangerous structure or unfit for human habitation under § 242 -9 of the Legislative Code. (7) If the owner has failed or refused to pay fees to the City for inspections or certificates; I3. The Commissioner is hereby authorized to snake or cause to be made inspections of premises subject to the requirements of this chapter to determine the condition of dwelling units in order to enforce the provisions of this chapter. The Commissioner is authorized to enter, upon consent of the owner, any premises or dwelling unit subject to the requirements of this chapter in order to enforce the provisions of this chapter. C. Inspection access. If any owner, occupant or other person in charge of a dwelling or dwelling units fails or refuses to permit free access and entry to the structure or premises under 7 his control for any inspection pursuant to this chapter, the t ominis s-1-1 ma, seek a Se =ark 11 ' ° warrant or other appropriate court order authorizing entry. Nothing in this chapter shall be deemed to authorize the Commissioner to conduct an inspection of any premises subject to this chapter without the consent of the owner, or occupant, or other person in charge of the property, or a warrant duly issued by an appropriate court.] § 264 -15. Notice of violation. A. Whenever the Commissioner determines that a building or a dwelling unit contained therein is in violation of the housing code, he shall issue a notice of violation setting forth at a minimum: (1) The location of the subject property; (2) Specific violations of the housing code, and (3) A reasonable time, not to exceed 60 days, for the correction of any violations. B. Such notice may contain any additional information as determined by the Commissioner which may be necessary to achieve the goals of this chapter. C. For purposes of this chapter, the Commissioner may grant additional time to correct violations of the housing code beyond 60 days for sufficient cause as determined by the Commissioner. Any such extensions shall be issued in writing by the Commissioner stating the reasons for such extension and otherwise in accordance with the requirements of this section. D. The notice of violation may be mailed by first class mail to the address provided by the owner pursuant to § 264 -4 of this chapter. § 264 -16. Tenant accountability. A. With respect to the dwelling unit which the tenant occupies, controls or uses, the tenant shall be responsible for the following; standards. (1) Occupancy limitations and the lawful use of a dwelling unit. (2) Maintenance of the dwelling unit in a clean, safe and sanitary condition. (3) Maintenance of plumbing, cooking and refrigeration equipment, appliances, fixtures and facilities contained in the dwelling unit in a clean and sanitary condition and providing reasonable care in the operation and use thereof. (4) Keeping exits in the dwelling unit free and clear. (5) Disposing of garbage and refuse into provided facilities in a sanitary manner and keeping the dwelling unit free and clear from garbage, refuse and debris. �. 8 rr +.,_ im 1,. ,7 qtr an annr o nriatc. rn m if-.r and wilder Control 1 Voj Xepiiib doilleslic anals and p. s — ;; n > B. To the extent that the owner can provide the Commissioner with competent evidence that tenants have not complied with the above standaz•ds or that the tenants have contributed to the existence of housing code violations at the property, the Commissioner may deem such circumstances to be sufficient cause to extend time for the correction of the violations pursuant to § 264 -15 of this chapter. § 264 -17. Appeals. A.. Any person affected by any notice or order which has been issued under any provision of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Commissioner of Permit and Inspection Services. Upon receipt of a written petition from such person, which petition shall contain a brief statement of the grounds therefor, the Commissioner shall hold a hearing, at which time such person shall be given an opportunity to show why such notice or order should be modified or withdrawn. No such hearing shall be required unless the petition therefor shall have been filed in the office of the Commissioner within five days after the date the notice or order was issued. On receipt of such petition, the Commissioner shall set a time and place for such hearing and shall give the petitioner written notice thereof. The hearing shall be commenced not later than 10 days after the date on which the petition was filed. After such hearing, the Commissioner may sustain, modify or withdraw the notice or order complained of by the petitioner, depending upon his finding as to whether the provisions of this chapter and of rules and regulations adopted pursuant thereto have been complied with. After any such hearing, in the case of any notice or order suspending any permit required by this chapter, when such notice or order has been sustained by the Commissioner, such suspended permit shall be deemed to have been revoked. The. proceedings at such hearing, including the findings and decision of the Comi shall be reduced to writing and entered as a matter of public record in the Office of the Commissioner. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Commissioner may appeal therefrom to any court of competent jurisdiction under the procedures provided by the laws of this state. B. No provision or requirement herein contained for a hearing shall in any way whatsoever affect or impair the right of the Commissioner to at any time bring such legal proceedings, actions or prosecutions as otherwise or elsewhere are permitted by law or ordinance. C. Whenever the Commissioner finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to rneet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon written petition to the Commissioner, shall be afforded a hearing as soon 9 •< ., t'_.. 1..L'..., +,. .�.. il,�., v.rner:c.innc as possible. After such hearing, dependil - 1g upu11 1it� MIU111g Cl- -) �v vvtiwUiie h e pro viii chapter and the rules and regulations adopted pursuant thereto have been complied with, the Commissioner shall continue such order in effect or modify or revolve it. § 254 -13. Severability. If a term, part or provision, section, subdivision or paragraph of this chapter shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to affect, impair or invalidate the remaining terms, parts, provisions, sections, subdivisions and paragraphs. § 264 -19. Commissioner's regulations. The Commissioner is authorized to promulgate regulations consistent with the provisions of this chapter in order to carry out the objectives of this legislation. § 264 -20. Remedies not exclusive. The provisions of this chapter are not exclusive and are in addition to and do not supersede or preempt other remedies or provisions of the City, state, or federal laws and housing codes as may apply. § 264-21. Fees. [Amended 4 -22 -2005, effective 4 -25 -2005; 6 -14 -2005, effective 6 -24 -20051 A. Certificate issuance. The fee, to be submitted at the time of application, for the issuance of a rental dwelling unit registration certificate and the first year fee shall be $20 for a rental dwelling unit in a single - family dwelling and $40 for a two -unit rental dwelling. B. Annual renewal fee. The owner of a rental dwelling unit shall pay an annual renewal fee of $10 for a single -unit rental dwelling and $20 for a two -unit rental dwelling, commencing on January 1, 2006, and payable each year thereafter. The owner remains obligated to pay such fee during ownership of the rental dwelling unit and shall pay any delinquencies therein before transferring all or any part of the ownership of said unit. Notwithstanding the foregoing, a new owner making application for a certificate is obligated, and shall be required, to pay all such current and delinquent annual fees with the application. All funds generated from the Rental Dwelling Unit Registration Ordinance shall be placed in a designated T &A account starting in the 2006 -2007 fiscal year. The use of these funds shall be solely for the hiring of an additional staff person and /or necessary equipment for the Rental Dwelling Unit Registration Program in the Department of Permit and Inspection Services. C. No fee for new buildings. There shall be no fee charged for the issuance of a rental dwelling unit registration certificate for new dwellings at the completion of their construction covered by a building permit. 10 T� r._ a' F i' ttr nt yrne ahall at, a fPP (d �75 in he, asses,; against the very L) . jts pec i o n property, for each inspection after the second inspection in which violations of a state or local building code are found, unless such fee is waived by the Bureau of Administrative Adjudication. Inspectors shall assess the fee, after consultation with the Chief Building Inspector or the Comn7issioner of Inspections, Licenses and Permits, when, in the evaluation of the inspector, the status of the violation has not progressed or been satisfactorily completed. The fee shall not be applicable to inspections ordered after the corrrimencement of a court action. APPROVED AS TO FORM Asst. Corporation Counsel REFERRED TO THE COMM ITTEE ON LEGISLATION. 11 NOTE: Matter underlined is new, matter in brackets is to be deleted. r = f �J V BY: DEMONE A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: • Todd Nibbe • Robin M. Barker Total: 2 EVOTOODOW j . ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Special Committees L Wednesday, November 5, 2008 at 9:45 o'clock A.M. Wednesday, November 5, 2008 at 10:00 o'clock A.M. Wednesday, November 5, 2008 at 1:00 o'clock P.M. Wednesday, November S, 2008 at 2:00 o'clock P.M. (Public Disclaimer) All meetin s are sub'ect to than e and cancellation b the respective Chairmen of Council Committees. In the e vent that there is sufficient time iven for notification it will be provided. In addition there pi be meetings set up whereby the City Clerk's Office is not made aware; therefore unless we receive notice from the rest)ective Chairmen, we c only make notification of what we are made aware. No. iry � Adjournment On a motion by Mr. Fontana, Seconded by Mr. Kerns; the Council adjourned at 2', GERALD CHWALINSKI CITY CLERK Oct 28, 2008 Board of Police and Fire Pension Proceedings #9 Office of the Mayor -201 City Hall October 16, 2008 Present: Gerald Chwalinski, City Clerk, David A. Franczyk, Council President The Journal of the last meeting was approved. No. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of October 2008 amounting to $3,740.00, and request that check be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -2. Noes -0. No, 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of October 2008 amounting to $3,760.00, and request that check be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -2. Noes -0. Received and Filed No, 3 On motion by Mr. Franczyk the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:05 a.m.