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08-0930
CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, September 30, 2008 AT 2:00 P.M. Present -- David A. Franczyk, President of the Council, and. Councilmembers: Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell & Smith - 9 Absent -None On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on September 16, 2008 were approved. DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [-------- - - - - -] [ MAJ - 5 [ 2/3 - 6 ] [3/4- 7] Sept 30, 2008 9 0 Sept 30, 2008 Y/ r : FROM THE MAYOR Sept 30, 2008 114 (Rev 7 -07) s � �' ., 4 Certificate of Appointment bt compliance with provisions of Section 21-2 of the Charter and Chapter 35 -1 of the Ordinances of the City ofF3uffalo, I transmit this ecru( tcatiOn of appoinwient(s) or pr011106011(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Serviee fur ttte Appointment Effective: August 28, 2008 in the Department of Executive Division of Mayor to the Position of Executive Director of the Buffalo Arts Commission Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open - Competitive, Promotional, Non- Competitive, (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 45,000, LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Emerson Barr III DATE ADDRESS 309 North Street, Unit 14A CITY & ZIP Buffalo, NY 14201 LAST 4 DIGITS OF SSN_ XXX -XX -7639 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 10301041 TITLE CODE NO 4295 BUDGET ACCT. OBJ, 411001 PROD. ID PERSONNEL REQ. NO 2008 -20 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY: _Byron W. Brown Mayor Auaust 25. 2008 ORIGINAL + 2 CUPItS rU` Gl I Y ULLKK (UNlt tz1 AVrUIN t MtN I UAl t) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) referred TO THE COMMITTEE ON CIVIL SERVICE AND DEPARTMENT OF COLLECTIONS i FROM THE MAYOR - EXECUTIVE DEPARTMENT Sept 30, 2008 L FROM THE BUFFALO PRESERVATION BOARD NEGATIVE DECLARATION'`t' NOTICE OF DETERMINATION OF NON - SIGNIFICANCE t This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. LEAD AGENCY: Buffalo Preservation Board Room 801, City Hall 65 Niagara Square Buffalo, New York., 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment. ACTION TITLE: Jewish Community Center Terrace and Playground Project LOCATION: 1 787 Delaware Ave. Buffalo, New York. Erie County. TYPE OF ACTION: Type I DESCRIPTION: The applicant, the Jewish Community Center of Greater Buffalo, Inc„ proposes to undertake the installation of concrete terraces and pathways, playground equipment, aluminum fencing along the west (Delaware Ave.) and south (Summer St.) elevations, and cast concrete comer wall at the corner of Delaware Ave. and Summer St. The project will also include the planting of trees, shrubs, and other landscaping throughout the project site. The project will be both publicly and privately financed. As a result of this environmental review, the Lead Agency has determined that the undertaking of this action will not constitute an action significantly affecting the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The impacts that are likely to occur as a result of the project appear, on the whole, to be beneficial and not significant in magnitude or effect, and will not, either individually or as a whole, have a significant adverse effect on the environment. The project will involve alterations to a site contiguous to the City of Buffalo Delaware Avenue Historic District, which is also listed on the National Register of Historic Places; the project is designed in conformance with the Secretary of the Interior's "Standards'; and will eliminate blighting influences and environmental deficiencies. The flew negative impacts are short -term construction related impacts and are not significant in magnitude or effect. For further information relative to this Negative Declaration, contact Ms. Michele Brozek, Room 901 City Hall, Buffalo, New York 14202 — telephone: 718 -851- 5029. Date: September 4. 2008 A copy of this notice was sent to: Buffalo Environmental Management Commission Buffalo Planning Board Buffalo Zoning Board Commissioner, New York DEC Environmental Notice Bulletin APPLICANT RECEIVED AND IFIIE ', �i FROM THE OFFICE OF CITIZEN SERVICES #I (Rev. 1/93) Single Page Coin munication to the Common Council To: The Common Council: Date: . September 16, 2008 From: Department: OFFICE OF THE M A'Y'OR Division: DIVISION OF CITIZENS SERVICES Subject: [: Buffalo Weed and Seed Lower East Side Site Year 3 Funding � " 1 ype in _Upper and � [: Lower Case Onl [: Prior Council Reference: (If ,Any) [: Ext. (Ite No. xxx, C.C. xx /xx /x X ): Text (T_y c�Si le Space Below): This is to advise the Honorable Common Council the funds for Year 3 of the Buffalo Weed and Seed Program, in the amount of $150,000 has been awarded to the City of Buffalo. This grant will allow Buffalo Weed and Seed to continue and expand it mission in the Lower East Side of Buffalo, within Police District "C ". During this project period law enforcement efforts will reduce street violent crimes such as drug dealing and aggravated assaults. Community policing goals will enhance police visibility and police presence in order to reduce quality -of -life crimes. Prevention, intervention, and treatment goals include a comprehensive approach for educational and skill enhancement, Healthy Life Choices /Character Development training, and substance abuse prevention, intervention, and treatment within the community. Neighborhood restoration goals will restore the neighborhood through increased home maintenance, housing rehabilitation and home ownership. Effective, this year, an interfund cash loan will no longer be available for this grant. Money will be drawn down as expenses are incurred and invoices will be paid, as the funds become available. These funds will be used to conform to the guidelines of the grant specified by the U.S. Department of Justice. Type Department Head Name: Oswaldo Mestre Type Title: Director ^� Signature of Department Head: �Q RECELVF,D AND FI L ED Department of Justice Of3ice of'!ustice Programs Office ol'tbc Assistant Attome General uu,ra »gn »,, n,C. ans3t September 5, 2008 ']'Ile Ilonoralblc l3yrors BroXvn City of Buffalo 65 Niagara Square, Room 201 Buffalo, DIY 14202 Dcal- Mayor Brown: Oil behalf of Allorticy General Michael B. Mukascy, it is my p €case €'c to iill6nn you than tic Orficc or,lttStice, Programs has approved your applicatiull for lilmling under the CCDO FY OR weed Mid Seed Progra m Guide and Application Kit: Conliuuation Site in the a mount of $150,000 for City of 13uf lido. This award lvill enable yo❑ to suppot't activities within your wccd and Seed designated area. Emlosed you will lints the Grant Award and Special Cmul it1011S ctocun 1115. This award is subject to all administrative and f €mtllclal requirulllcnt5, including (lie timely submi.ss €on of fall 611"1116 11 0114 I)FOg,riEmnlatic repol'18, resolution of all imerim audit fi ndings, and the mailllenaneC Of a lllllllllinni level Of Cas11- o[l- hell(I. Should you not adhere to these 1equiremonis, you will be in violalio €€ of tlic tum', of this agrccnicnt amt ells €nvard will be subject to lcrminatioil fOr cause of other adni i llktrativc action as appropriate. I ryou have (i nestimts regarding, this award, please contact: - Program (questions, Joyce Bradford, Probra m Manager at (202) 610-1152; and - Financial C�ucstions, dle 017icc of the C'hicf Fitl €lnciul (3fliccr, CI €slwncr Selvicc Center (C'SC') al (800) 458 -0786, or you may contact the CSC at ask.ocfO(rr71 €sdoj.gov. Collgr atulaliowi, and wo look forward to working with you. Sincerely, Jeffrey L. Scdgwick Acting Assistant Allorncy General Enclosures COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 23, 2008 FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Requested "Clean Sweeps" locations in 2008 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review information requested regarding the Mayor's Save our Street Program, "Clean Sweeps" Initiative conducted throughout the City of Buffalo in 2008, by council districts. Operation Clean Sweep is part of the Mayor's Byron W. Brown Zero Tolerance plan, which targets drug crime as well as quality-of-life offenses that harm residents and businesses throughout Buffalo. Additionally, Operation Clean Sweep has helped improve communication between the city and residents. Residents have the chance to interface with city service providers to make service requests and to provide relevant and previously unknown data for law enforcement professionals. Also be advised that the "Clean Sweeps" locations are embargoed until the following week of the sweep as not to allow the integrity of the sweep to be comprised, thus adding the element of surprise to those who threaten the quality of life of the residents we are assisting. This Division continues to monitor the activities of the "Clean Sweeps" and work tirelessly to improve its activities within the City of Buffalo. Department Head Name: Oswaldo Mestre Jr. Title Director Citizen Services Signature of Department Head: REFERRED Tf), THE COMMITTEE ON LEG 'AS TI. Z f I ) �1- Save our Street "Clean sweeps" Location in 2008 Sweep Date District ]designation #1 May 7 th Fillmore Liddell & Wick #2 May 14'' Masten Jewitt Hill Wakefield 93 May 21 s North Thompson Guernsey #4 May 28 Ellicott Sherman William Krettner #5 June 4 ' Lovejoy Keystone #6 June 11 Fillmore Lombard Kent, Clark #7 June 18 Niagara Garner #8 June 25`' Fillmore Swinburne, Brownell Ashley #9 July 9 University Clarence Parkridge #10 July 23 Masten Northumberland between Scajacuada and E Ferry Montana #11 July 30 Niagara Massachusetts Between West and 18th # 12 August 6` North Progressive and Rano #13 August 13 August 20 Lovejoy Ellicott Moeller and Warring Monroe # 14 415 September 3 Delaware Horton, Lafayette, Oxford #16 September I 01h Masten Sidney, lark, Rickert 917 September 17' Fillmore Sweet & Playter 918 September 24 South Hopkins #19 October 1" University TRA #20 October W Lovejoy TBA TRA- to be announced until the week of the sweeps FROM THE CITY PLANNING BOARD Sept 30, 2008 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 517 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Upstate Cellular Network dba Verizon wireless Location: (X 2944 Bailey Ave, AKA 106 Collingwood, 2930 Bailey Type of Action: Unlisted - Coordinated Description: Upstate Cellular Network is proposing the placement of antennas and an equipment shelter on the property located at 2944 Bailey, AKA 2930 Bailey, 106 Collingwood Buffalo New York. The site consists of approximately 840 sq, ft. of land leased to Dreamco Development Corporation. The facility will consist of side - mounted antennas on the hose tower portion of the building, an approximately 11' -7'x30 equipment shed, together with other site improvements. A landscaping plan has been completed, The project is privately funded in the amount of 45,000 dollars. The project will take approximately thirty days to complete and begin shortly after the final approvals are complete. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment, No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project is necessary as the area this project is proposed is currently suffering from a telecommunication (wireless) service inadequacy. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect, There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — (716) 851 -5085. Dated September 9, 2008 CC: City Clerk City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works, Parks & Streets Nixon Peabody LLP �J ti ( ', ,� JUG U NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment; Action Title Buffalo Recycling Enterprises LLC Location: 266 Hopkins Street Type of Action: Unlisted - Coordinated Description: Buffalo Recycling Enterprise LLC is proposing the construction of a recycling facility on the property located at 266 Hopkins Street, Buffalo New York. The Buffalo Recycling Enterprise LLC (BRE) recycling facility is ajoint venture project that includes the Modern Corporation of Lewiston New York and Great Lakes Recycling Inc. of Roseville Michigan. The proposed project includes the construction of a single stream recycling facility to handle curbside recyclable materials. The single stream system makes it easier for the general public to recycle materials and is less costly for the collection of materials. The types of materials that will be recycled include paper, metals, plastics and glass. The existing building will be expanded to include a new addition, which will be used for material tipping and handling. The estimated number of square feet to be constructed is a 800 square foot office /entrance, a 35,700 square foot warehouse - recycling area and a 280 square foot scale house. The total cost of the building construction will be approximately 2.6 million dollars. Additional equipment cost will add 10 -12 million dollars to the facilities overall cost. The project is privately funded. The design includes provisions for public education and awareness. The entrance of the building includes a reception area for public presentations. Tours of the facility will include school and other community minded organizations. Dust control will be accomplished by paving primary access roads, routine roadway cleaning and dust suppression using water and /or calcium chloride. The facility is designed for 400 tons per day of recyclable materials. The facility will be operated for two eight -hour shifts. A Third shift will be used from time to time to handle changes in market conditions and accommodate equipment maintenance, The amount of traffic anticipated for this facility is consistent with, or less than the previously approved 500 tons per day operations. The anticipated traffic is inbound, (8 tons per load — 50 loads per day), Outbound (20 tons per load, 20 loads per day, employee (40 trips per day), Peak Traffic Periods (7 -9 A.M., 11A.M. —1 P.M., 2-4 P.M.). Facility related traffic will access the site from the west via the Tifft Street entrance. Recycling trucks servicing the immediate area may enter the facility from the east, The above traffic volumes are approximately 50 percent of the facilities original approved traffic volume due to the fact that the single stream recycling material is delivered in heavier loads. There will be a small visitor component of traffic that will access the facility on Hopkins Street. Landscaping improvements will be made to the property, The facility does not need extraordinary amounts of water and will be serviced by a dry fire suppression /control system. The project sponsors anticipate starting construction of the new building in the fall of 2008 and should be completed by June of 2009. Odor mitigation measures have been studied and are included in materials submitted as described in the E -Mail to Mr. Grillo dated September 16, 2008 and reviewed by the Planning Board on September 23, 2008. Noise generated is minimal and expected to be internal to the operation of the facility, As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. / 1 RECEIVED AND F ILED Reasons Supporting This Determination: The facts and reasons for this decision are as foiiows. The project will assist with the streamlining of recycling in the City of buffalo making the process user friendly helping to increase recycling awareness and the amount of recycling being brought to the facility overall helping the environment.. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — (716) 851 -5085. Dated: Se tember 23 2008 CC: City Cleric Buffalo Common Council City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works, Parks & Streets Buffalo Recycling Enterprise LLC RECEIVED AND F CITY OF BUFFALO CITY PLANNING BOARD 901 CITY HALL BUFFALO. NEW YORK 14202 BYRWN W. BROWN MAYOR September 23, 2008 John Battaglia EnSol Inc. 661 Main Street Niagara Falls New York 14301 Re: Buffalo Recycling Enterprise, LLC, 266 Hopkins Street Dear Mr. Battaglia: The City of Buffalo Planning Board, at a meeting held on Tuesday, September 23, 2008 considered the matter captioned above pursuant to Section 511 -137 of the Buffalo Code, City Wide Site Plan Review and Section 263 -27 of the Buffalo Code, Landfills, Transfer Stations and Grading. After completing two public hearings (September 9, 2008 and September 23, 2008), the Planning Board determined that a license be issued for the operation of the recycling facility and the project design and site plan meets the criteria for site plan approval contained in section 511- 145 and 511.146. A New York State Environmental Quality Review Negative Declaration has been prepared and approved by the City of Buffalo Planning Board. The City of Buffalo Planning Board voted to approve the site plan and design dated August 2008 for the construction of a recycling facility on the property located at 266 Hopkins Street, Buffalo New York. This approval is conditioned with a new landscaping plan showing a berm along Hopkins Street and high density planting on top of and along the bermed area. The Planning Board also required the applicant to surrender the C &D license currently in place and that the license not be re- applied for in the future. This approval is in effect until September 23, 2009 This letter is not a building permit. It is the responsibility of the owner to see that all required permits are issued prior to the commencement of the actual work. If you should have any further questions regarding the above, please feel free to contact me anytime at (716) 851 -5086. Si 4i ' lia A m erely, Gr o Principal Planner WPG:MG c.c. Gerald Chwalinski David Krug, Permit Office Building Code Review Commissioner Steve Stepniak, Public Works Planning Board File ` 42 o3 1 C , 0 11 0Y 4 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Manning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Monroe Place Apartments Location: 294 Monroe Street Type of Action: Unlisted - Uncoordinated ;Description: The Polish Community Center is proposing the construction of a residential facility on the property located at 294 Monroe Street, Buffalo New York. The proposed project consists of the construction of 12 two bedroom units (24 beds) for youth aging out of foster care. In addition to the housing units, the building will contain offices for the provisions of services, community and meeting rooms, laundry facilities, s child day care center for the children of the residents, off street parking and a outside play area. The site is located near a major bus route, with access to several other bus routes. It is near downtown and all municipal services. The project site is also close to food stores, banks, schools, emergency services and other human service agencies. The not for profit sponsor /developer is partnering with Gateway - Longview providing services that include case management, referrals, independent living skills training, job training and recreation. The services are also designed to prepare the youth for independent living. The project is financed through a grant from the New York State Homeless Housing Assistance Program and Funds from the Polish Community Center_ As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment, No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared, Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The new housing will allow young people who are transitioning out of foster care a safe, supervised and properly located facility that will help them become independent of the social service system. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration., contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — (716) 851 -5085. Dated September 23_2008 CC: City Clerk City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works, Parks & Streets Polish Community Center RECEMED AND HLED tI i CNJ" ko 00 k3 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Chefs Restaurant Expansion Location 291 Seneca Street Type of Action: Unlisted - Coordinated Description: Chefs Restaurant is proposing the construction of a building addition with a drive - through window on the property located at 291 Seneca Street, Buffalo New York. The 1734 sq. ft. addition will include a renovated kitchen area, additional seating and a drive — through carryout service. Exterior finishes will be modified stucco to emulate the brick pattern and coloring of the existing building. The structure will be masonry bearing wall with steel joist roof and a wood floor. New landscaping Plan is included. The project is expected to begin in October 2008, The project is privately funded in the amount of $200,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared, Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the new addition and drive - through will help Chefs Restaurant remain one of Buffalo most successful business's. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — (716) 851 -5086. Dated _ September 9, 2008 CC: City Clerk City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works', Parks & Streets !Carl Henry, Architect ti FROM THE OFFICE OF STRATEGIC PLANNING #2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 19, 2008 FROM: DEPARTMENT: STRATEGIC PLANNING DIVISION: Real Estate SUBJECT: Approval to Transfer Six (6) Homes in Sycamore Village Subdivision PRIOR COUNCIL REFERENCE: The Sycamore Village Subdivision is a pedestrian friendly, park -like community which, when completed, will consist of twenty-four (24) new homes — twenty (20) market rate and four (4) affordable homes. The subdivision is located in the block bounded by Sycamore Street, Jefferson Avenue, Matthews Street and Mortimer Street and is currently owned by the City of Buffalo Urban Renewal Agency (hereinafter referred to as "Agency "). The entire site consists of approximately 3.86 acres. Road and infrastructure work at the site is close to completion. Phase I consists of ten (10) homes of which nine (9) are close to completion and Phase II consists of nine (9) homes of which six (6) are also close to completion. Phase III will consist of five (5) homes. The Agency has negotiated the sale of six (6) homes. Below is a list of the potential homebuyers, property addresses and proposed sale price: Purchaser Address /Sub Lot Sales Price Natalie White 385 Sycamore St. $201 ,765.00 Lot 3 Latisha M. Barron 415 Sycamore St. $211,261.00 Lot 6 Kevin and Linda Beckman 419 Sycamore St. $206,787.00 Lot 7 Pheland and Lorraine Floyd 423 Sycamore St. $212,348.00 Lot 8 Charles Glover 12 Sydni Lane $211,861.00 Lot 7 Leroyal Jr. and Jacqueline 19 Syndi Lane $205,827.00 Watts Lot 14 r ,. C% FORM #2 – Page 2 TEXT CONTINUATION RE: Sycamore Village Subdivision September 19, 2008 Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed transfer After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land. REFERRED TO THE COMMITTEE ON (� — DEPARTMENT HEAD NAME: Carla . K osmerl TITLE: Director of Administration and Finance – Office of Strategic SIGNATURE OF DEPARTMENT HEAD Planning REFERRED TO TFIE C-Ory IMITTEE # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 22, 2008 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Abandonment and Sale Easterly Dead End Portion of Carroll Street Approximately 50' wide by 57' on South Line and 88' on North Line of Carroll Street PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx,) TEXT: TYPE SINGLE SPACE BELOW The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. Joseph A. Petrella, 726 Exchange Street, Suite 600, Buffalo, New York 14210 on behalf of Mill Race Commons, LLC to purchase the easterly end of Carroll Street. The purchaser, Mill Race Commons, LLC, owns all three sides of the portion of Carroll Street that is in question. They have indicated that the purchase of Carroll Street is needed to advance the construction of a new retail and commercial office building fronting on Exchange and Smith Streets. The design of this building has already been approved by the Planning Board, including the construction of the west building on a portion of the dead end of Carroll Street. In order to have marketable floor plates and to further facilitate the rehabilitation of existing buildings along Seneca Street, they are requesting the opportunity to purchase the referenced portion of Carroll Street. The Division of Real Estate has contacted the Land Use Planning Committee, Public Works, Parks & Streets, Buffalo Sewer Authority, Fire, Police and the City Planning Board and there were no objections and/or conditions to the abandonment and sale of a portion of the dead end easterly portion of Carroll Street. Your Honorable Body may authorize the abandonment and sale of the property in accordance with Article 27, Section 27 -5 of the City Charter. Should Your Honorable Body authorize the abandonment and sale the purchaser is required to retain a real estate appraisal(s) at their own expense, for the purpose of fixing the value of the interest of the City in such property. The City will provide a list of appraisers established by the Appraisal Review Board of the City. I am, therefore, recommending that Your Honorable Body authorize the abandonment and sale of a portion of Carroll Street. The results of our negotiations will be filed with Your Honorable Body for final approval TYPE DEPARTMENT HEAD NAME: CARLA A. KOSMERL TYPE TITLE: DIRECTOR OF ADMINISTRATIO & FINANCE, OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: JPH:pIg R ` E THE COMM cicapa ss/aban DON CARROLLCITYVIEw N COMMUNITY UEVELOP c, t,4- G �ka \A - ky.�, c�Asc� G CITY OF BUFFALO CITY PLANNING BOARD 901 CITY HALL.. SUErFALO. NEW YORK 14202 BYRON W. BROWN MAYO)? February 19, 2008 .Eason R. Sobieraj Project Manager Young & Wright Architectural 726 Exchange Street, Suite 612 Buffalo New York, 14210 -5418 Re: 889 Seneca Street, The Larkin Building Office Building Dear Mr. Sobieraj: The City of Buffalo Planning Board, at a meeting held on Tuesday, January 29, 2008 considered the matter captioned above pursuant to Section 511 -137 of the Buffalo Code -City Wide Site Plan Review. The Planning Board has determined that the design and site plan meets the criteria for site plan approval contained in section 511 -145 and 511 -146 of the Buffalo Code. A New York State Environmental Ouality Review Negative Declaration has been prepared and approved by the City of Buffalo Planning Board, The City of Buffalo Planning Board voted to approve the site plan, design and elevations dated January 24, 2008 for the construction of an office building with interior parking and new landscaping (updated plan dated 2108) on the property located at 889 Seneca Street, Buffalo New York. This approval is valid until January 29, 2009. This letter is not a building permit. It is the responsibility of the owner to see that all required permits are Issued prior to the commencement of the actual work. If you should have any further questions regarding the above, please feel free to contact me anytime at (716) 851 -5086. Sincerely, William Grillo Principal planner WPG:MG c.c. Gerald Chwalinski David Krug, Permit Office Building Code Review Planning Board File Parcels _dec_2QQ6.shp f Re -sidieential Single Family Residential Two Family C] Residential Three Family Residential Other Church & Religious Use Schools & Libraries Hospitals Parks & Playgrounds Conservation Areas / Parks Community Service Entertainment Public Service j Commercial industrial Vacant �I No Data r r r�� N 889 Seneca W"m E City of Buffalo Planning Board S Office of Strategic Planning Land Use and Zoning Administration January 2008 .Q) 4 El, I js� f ,r te BUILDING SECTION BUILDING SECTION o u Mn r : �_r�rAAAI SENECA STREET ELEVATION EXCHANGE STREET ELEVATION 9 1 11 r f iw ST -IT R- .l!F TOPY" O R PMrE /PARKIN FFICE /PARKING' GRADE/ "//", AT GRADE I e 777 . 4. . - XCHANS S7REI SITE LAYOUT PLAN # 1— �0 =MX ENGINEERS 9-0 NLYL; v6?wr CH 7!,m M SENECA V AT ExcMNOL a SQFFALO .NY .... ....... ..... ...... .. .... ... ....... ......... ..... SITE LAYCUT PLAN - 1 5& , T - Y- 11 85 Rrwrt Rocs Drervr, 7i6.8]6.i Ip. Gk%.9ib C. .......... . ........ .. . CfTyvl-.w PROPMELS M SENECA ST, AT D(CKWM. a S?AR'H %1F ............ " CN - LANDSCAPE PLAN SMITH STREET ELEVATION CARROLL STREET ELEVATION -J f"') # 2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 25, 2008 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: v' Permission to Designate Redeveloper HELP USA — 775 Best — Former School 59 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx, C.C.P. xx/xxtxx) The Office of Strategic Planning, Division of Real Estate, has received a request from HELP USA to acquire the property known as 775 Best Street, former School 59. HELP USA is a New York City not- for - profit organization that has developed more than 1 ,700 units of housing, and currently operates 25 residential sites in ten communities across the country. These facilities provide transitional housing for homeless veterans, families, and victims of domestic violence, and permanent supportive housing for low - income families and individuals. HELP USA has significant experience securing financing for projects similar to the one proposed for 775 Best. The project at 775 Best will provide affordable housing for a mixed population including working adults and families, with a portion of the efficiency units set aside for special needs veterans. HELP is proposing to convert 775 Best into 37 rental apartments (18 efficiencies, 13 one bedrooms, and 6 two bedroom units). HELP will be seeking funding for the project through the NYS Housing Finance Agency, which is working with HELP to develop a financing package including support through the PHHP /85 -85 program. I therefore respectfully request that Your Honorable Body designate HELP USA 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 1 paid on account and the City shall retain all such monies. FORM #2 — Page #2 TEXT CONTINUATION RE: Redeveloper Designation 775 Best September 25, 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 f. 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. g. 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. h. 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. i. 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 HELP USA as the Redeveloper of 775 Best 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 775 Best, and forward to the Common Council for final approval of agreements for the transfer of title. DEPARTMENT HEAD NAME TITLE: CARLA A. KOSMERL DIRECT O ADM#i FINANC FFICE PLANNING,—, TION AND 4TEGIC i SIGNATURE OF DEPARTMENT H CAK ms ;a Mr, Fontana moved: That the above communication from the Office of Strategic Planning dated September 25, 2008, be received and filed; and 'rhat the Cormmon Conulcil does hereby designate HELP USA as the qualified and eligible Redeveloper of 775 Best Street (former School 59) upon the above terms and conditions; authorizes he Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 775 Best Street, and to forward to the Common Council for final approval of agreements for the transfer of title. Passed. 10 TAR:niiv f :Iwja60\mswordlrmv110c9 -3 Oa.doc #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: September 10, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT Lydia Soto — Residential Vacant Lot 182 Virginia Street (Ellicott District) Prior Reference: Item # 62, C.C.P. September 2, 2008 The above item is a letter from Lydia Soto requesting information about purchasing 182 Virginia Street. The Division of Real Estate on August 15, 2008 wrote to Ms. Soto and advised her that the lot at 182 Virginia Street is privately owned by Matthew Simonson, 2058 Sandlewood Court, Palo Alto, California 94303. The property taxes are paid up to date and is not on the upcoming City foreclosure in October 2008. If Ms. Soto is interested in acquiring this property, she should contact the owner at the above mentioned address. DEPARTMENT HEAD NAME: BRIAN REILLY, COMMISSIONER TITLE: DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT AND INSPECTION SERVICES SIGNATURE OF DEPARTMENT HEAD: - !� BR:JPH:ck Communinfoi 82virginia RECEIVED AND FIL f sl_ C .•7 T1. Y. Common counrtt CITY OF BUFFALO Council Staff Chief of Staff James S. Peja Senior Legislative Assistant IV Kevin Linder Senior Legislative Assistants Brien C. Bray Leon M. Hicks Mark J, Jaskuta William Licata Marysol Rosado Jacqueline F. Rushton Legisiafive Aide Karen Q. Privateer September 3, 2008 Mr. Brian Reilly, Commissioner EDPI, OSP, BERC Room 920 City Hall Buffalo, New York 14202 Dear Commissioner Reilly: At the Common Council meeting held on Tuesday, September 2, 2008 the following item was referred to the Committee on Comm,tinity Development and to your office for a response: Item #62, C.C.P. 9321108, "B. Davis-L. Soto Residential Vacant Lot - 182 Virginia (Ell)" 65 Niagara Square. Room 1413 Buffalo, New York 14202.3318 Please review the enclosed item and file and address your comments and/or Phone: (716) 851 - 51 05 recommendations with the Common Council, 1308 City Hall, by 2.00 PM Fa)c (716) 861 -4234 Thursda September 11, 2008.. If you should need additional information, please contact me at 851 -5144. Your assistance is greatly appreciated, Sincerely yours, ec.ni INE E. RUSHTON slativ e Assistant co S EP 0 2 2008 it /41 _ ' r -0 M ril -oil V1111 0 Un City of Buffalo BRIAN C. DAMS ELLICOT'I' DISTRICT C0C3WCIL WMBLI? 65 NIAGARA SQUARE, ROOLi 1108 BUFFALO, NY 14202 -3322 PHONK S51 -4980 e FAX: 851 -6576 E-maiL bdavis(6dty- buffaloxom Web: hitp : / /briancdavis.b.iogspot.com August 4, 2003 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 Dear Mr. Chwalinski_ Tie: 182 Virginia Street residential Vacant Lox i COM MITTEES CIVIL SERVICE FIi�1ANCE LEGISLATIOt1 BUFFALO PLACE BUFFALO ECONOMIC RENAISSANCE CORPORATION Please file the attach item for further discussion at the next Common Council session to be held Tuesday, September 2, 2008. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Councilmember I "Communication is the key fc�r a better tomorrow" l 184 V7rurnia street Xe York 14202 (716) 81? -1337 LLVL L U@ ,,aol. G[7m March 92, 2607 Dear Mayor Brown: On August 19, 2006, an arsonist got their hand on a vacant house at 182 Virginia Street located next door to my families property (984 -186 Virginia Street) for the past 20 plus years, we lived at our home with no problems, keeping up our property and doing all that is ask of us as residents of Buffalo. In the last 6 or 6 years, the house on 982 Virginia has been abandoned and in deplorable conditions, we have tried to keep it up (so our neighborhood didn't look bad), countless of complains about this eyesore have gone unanswered. I hate to think that my concern may go unanswered due to my ethnicity or just because it's a home on the Lower Vilest Side. This is the "City of Good Neighbors" not the city of abandoned. or unkempt lots. Enclosed please find copies of photos that I took last summer. Showing how the house look and not once been cited. This property never been to Housing Court before or after the City demolished the property on August 19. 1 could assure you that if one iota on my property wasn't to the inspector's standard, we could have been issue a violation immediately. No questions ask. I'm only asking for a chance at purchasing this lot at a reasonable cost, to secure my family home and have peace of mind that my children can have a place for their children and so for to say, this has always been our home. Thank you for your time and consideration in this matter, if you have any questions, please feel free to contact me at my work extension 845 -2641 (8am -4pm) or home at 842-1337. I am looking forward to a respond at your earliest convenience. /is Enc. f #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: September 15, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 61 Winslow, 67,50'W Storz Vacant Lot! 32'x 117' Assessed Valuation: $2,100 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr, Khalid Dunston and Mrs. Rasheedah Dunston, 39 Gramercy Drive, Piscatoway, New Jersey 08854 to purchase 61 Winslow. Mr. and Mrs. Dunston own the adjacent single family home at 65 Winslow and have family members residing there. They intend to use the vacant lot for additional green space. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty -Five Cents ($.45) to One Dollar and Forty Cents ($1.40), per square foot. The results of our negotiations are that Mr. and Mrs, Dunston have agreed and are prepared to pay Two Thousand One Hundred Dollars ($2,100), Fifty -Six Cents ($.56) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. am recommending that Your Honorable Body approve the sale of 61 Winslow to Mr. and Mrs. Dunston in the amount of Two Thousand One Hundred Dollars ($2,100). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CARLA A. KOSMERL TITLE: DIRECTOR OF ADMINISTRATION & FINANCE OFFICE OF STRATEG(C PLAN ING SIGNATURE OF DEPARTMENT HEAD: CAK:JPH:ck Resneg 61 winslowl .doc A j - t Y A r ,y d ! s i 3 k 0 a F 1 m 2 O x v t 6 a Y A � r Q p R �Z 1 BROOKLYN P� � p b f •o p II ---------------- Y r rq Z v •z H d P A P i-A Z d P i 3� f Y - r z n Y N ROEHRER AV. o STORZ AV. t, !) 1_F 1 Mr. Montana moved: That the above communication from the Office of Strategic Planning dated September 15, 2008, be received and filed; and That the offer from Mr. Khalid Dunston and Mrs. Rasheedah Dunston, residing at 39 Gramercy Drive, Piscatowy, New Jersey 08854, in the sum of two thousand and one hundred dollars ($2,100.00) for the purchase of 61 Winslow, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. 12 TAB jmv t Awp001mswordVtnvlr 2c 9- 3Oa.doc r-, �., �, •� i * � ��� �1� ��� FROM THE COMPTROLLER Sept 30, 2008 Certificate of Necessity Transfer of Funds City Clerk - Common Council -- Legislative We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $6,544 be transferred and reappropriated from the City Clerk, as set forth below: From: City Clerk 10220006 — 432004 Engineering & Technical Services $6,500 To: Inventory & Stores 1-OtOW1 — 4.14001 Rental Equipment & Vehicles $6,500 Dated: Buffalo, NY, September 24, 200$ Com trope � �� p RECEIVED AND HL i f` t �5 , T 4,_ - i (q J Cotroneu,%George From: Estrich, Donna Sent: Tuesday, September 23, 2008 1:30 PM To: Cotroneo,George Subject: FW: George Please prepare a transfer for City Cleric From: Lehner,Christine Sent: Tuesday, September 23, 2008 12:52 PM To: Estrich,Donna; Fitzpatrick, Kathy Subject: Hi Donna Per Gerry l am requesting a transfer in funds from The City Clerk's current budget into Administration and Finance, Division of Purchasing Budget This is to cover the lease of 2 replacement copiers. The 2 copiers we currently own are constantly breaking down because of their age. When Purchasing rebids this lease they will include these 2 machines in their Budget. Please transfer From City Clerk Admin Sery 10220006 432004 $6,500.00 To Administration and Finance Division of Purchasing 11781006 444201 $6,500.00 Thanks Chris 1 l FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS Sept 30, 2008 010h 014 TO: THE COMMON COUNCIL DATE: September 25, 2008 PROM: THE DEPARTMENT OF AUDIT & CONTROL. SUBJECT: Audit Report --- Bailey /Amherst District Management Association Upon the request of University District Councilmember Bonnie E. Russell, this office has performed an audit of the Bailey /Amherst District management Association, Inc. (BADMA). Under the authority granted by Section 4, subdivision D of the agreement between BADMA and the City, the Comptroller can audit BADMA's boobs and financial records when the City deems it necessary. As a result of this audit review, I have come to the conclusion that BADMA is no longer a viable entity as it is currently structured. The Association does not currently have an active Board of Directors and is operated solely by the Board President. The services provided to the District by BADMA are performed by contractors informally selected by the Board President. There seefns to have been no effort to expand the list of vendors providing service. As an operation run by one person, who himself has his own business to run, the needs of the District have not been fully met. This audit was initiated in April of this year, but delays in getting records expanded this simple investigation into a much longer process. There are legitimate vendors that should be paid, and the City is now in a position to see that can be done. There has apparently been a lack of oversight by the City in its relationship with BADMA. The responsibility lies with the contracting agency, the Office of Strategic Planning, not the District Councilmember. The contract with BADMA has expired, and now there is no need to renew it. If a new entity wishes to take over the duties of BADMA, a new contract and operating plan will have to be developed by a new team of interested residents and businesses. I recommend that the Council take the necessary actions to dissolve the District as it is currently constituted. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. DEPARTMENT HEAD: TITLE: SIGNATURE: Andrew A. SanFilippo K ' U0MWTTEE OW FINANCE. CITY OF BUFFALO DEPARTMENT OF AUDIT & CONTROL AUDIT REPORT ON THE BAILEY AMHERST DISTRICT MANAGEMENT ASSOCIATION ANDREW A. SANFILIPPO COMPTROLLER. FOR THE PERIOD JULY 1, 2005 THROUGH JUNE 30, 2007 DARRYL MCPHERSON CITY AUDITOR SEPTEMBER 2008 City of Buffalo DEPARTMENT OF AUDIT AND CONTROL COMPTROLLER'S OFFICE 1230 City Hall Buffalo, New York 14202 ANDREW A. SANFILIPPO COMPTROLLER September 24, 2008 The Honorable Common Council of the City of Buffalo DARRYL McPHERSON CITY AUDITOR We have performed an examination of the accounts and records of the Bailey Amherst District Management Association (BADMA) for the period July 1, 2005 through June 30, 2007. We present herewith our Summary of Findings and other supporting schedules for the BADMA for the period then ended. Our examination was made with knowledge of Government Auditing Standards, issued by the Comptroller General of the United States and Standards for the Professional Practice of Internal Auditing, as promulgated by the Institute of Internal Auditors. These standards require that we plan and perform the examination to afford a reasonable basis for our judgments and conclusions regarding the organization, program, activity or function under examination. An audit also includes assessments of applicable internal control and compliance with requirements of law and regulations when necessary to satisfy audit objectives. ANDREW A. SANFI 11 O COMPTROLLER yy� BACKGROUND In 1985, the Bailey Amherst Business Improvement District (the "District ") was established in the City Charter pursuant to the provisions of Section 24 -d of the General City Law and the provisions of Article 2 -13 of the General City Law relating to the establishment of business improvement districts. There have been various agreements between the City of Buffalo (the "City ") and the Bailey Amherst District Management Association ( "BADMA "). The BADMA is a not for profit corporation, created according to requirements in the City Business Improvement District Law. Its purpose is to carry out the activities stated in the District Plan, and to advise the City of the needs of the District. The District boundaries include all properties fronting on Bailey Avenue from Stockbridge and Hewitt Avenues to Phyllis Avenue. This includes tax lot address numbers 2981, 2992 thru 3204, 3206 and 3208. The District shall also include sixteen properties on Kensington Avenue, at the intersection of Kensington and Bailey Avenues, having tax lot address numbers 1083 4nd 1086 through 1142. Management Services and Funding The BADMA is to provide services which include pavement and Iandscape maintenance, snow plowing of sidewalks, security and other feasible services to improve the District area image. The primary source of funding for BADMA is through an annual fee (referred to as "Special Assessments) on real properties within the District. The maximum annual special assessment, exclusive of debt service, is limited to 20% of the total general city taxes levied in that year against real properties in the District. Each year of the agreement the City's Department of Assessment and Taxation will send out the special assessment bills on July 1, separate from City tax bills. The Comptroller of the City will hold these revenues in a separate district account, to be disbursed semi - annually. The City's Department of Assessment and Taxation has no legal authority to enforce the collection of the Bailey Amherst Special Assessment Charge and properties in the District subject to this fee cannot be foreclosed by the City as the charge is not for services provided by the City, nor is it a tax levied against the property. Community Concerns In a letter dated March 31, 2008, University District Councilmember Bonnie Russell requested the Comptroller to perform an audit of BADMA's books and records pursuant to Part 4 Section D of the Contract between the City and BADMA. The letter stated that the request was being made in response to complaints from members of BADMA and residents of the Bailey Amherst Business Improvement District. Complaints cited were non - performance or poor performance of services required by the contract with the City, nonpayment of vendor's invoices, and the nonpayment of the special assessment fee by a major business in the District. Councilmember Russell requested a non -- biased report for use by all concerned. AUDIT OBJECTIVE Provide an independent assessment of the effectiveness of with regards to the performance of the intended mission of the Bailey Amherst Business Improvement District for all interested parties. Verify adherence to the various terms of the contract with the City, to BADMA by -laws, and confirm the propriety of the expenditures of the funds received from the special assessment. AUDIT FINDINGS Bailey Amherst District Management Association is not currently operating according to the District Plan By -Laws The nine (9) member Board of Directors; consisting of five (5) real property owners, one (1) tenant leasing space, a representative of the Mayor, a representative of the Comptroller and a representative of the Common Council, is responsible for developing a budget and the day -to- day operations. This includes the awarding of contracts and the hiring of staff, if necessary. Currently, there is no active Board of Directors, all Directors' terms having expired. The last formal meeting held was on March 6, 2006. Minutes from that meeting do not indicate those in attendance. The business of BADMA appears to be conducted by the President, the only Officer position in the by -laws currently filled. The other unfilled positions are Vice - President, Secretary and Treasurer. It appears that the President is currently performing the function of all these unfilled positions. Contract between City and BADMA has expired The contract expired December 31, 2007 and has not been renewed. Though the City contracts with BADMA through the Office of Strategic Planning, there does not appear to be any coordination with BADMA's activities and the Office of Strategic Planning. Any City oversight seems to have been done only by the District Councilmember. Arrears forgiven In the minutes of March 6, 2006 member arrears were to be forgiven. A letter was supposed to be sent to the City and the affected members. We could find no evidence of the issuance of such a letter, or any communication to the City informing them of the Board's actions. Records requested not available Despite numerous requests, certain records were not provided. We were provided certain, but not all, bank records requested. We were not provided evidence of mandatory insurance, or copies of invoices we requested. A copy of the District's By -Laws had to be obtained from the District Councilmember. Services Provided While reviewing services that BADMA intended to provide, as outlined in their proposed services, including landscape and pavement maintenance, litter receptacle pick- up, street furniture maintenance, and security services, we could only locate contracts for snowplowing. According to their self-produced ledger, various venders were paid for maintenance -type services, but no invoice copies were produced. The District's attorney was paid for services, though repeated requests for invoices were not produced in a timely manner. It is not clear what services were provided as there are no new contracts or matters for negotiation that would require legal intervention, particularly without a Board to authorize them. RECOMMENDATION Due to a lack of cooperation regarding the review of various records, or the seeming lack of records, we were unable to give a complete overview of the financial position of the Bailey Amherst District Management Association. We can however, cite that this organization is not functioning as a viable entity. It is essentially being run by one person, allegedly with some assistance from the attorney representing it. As noted there is no acting Board of Directors, and there is no contract with the City. It is our recommendation that the City not enter into a new contract with BADMA and that steps be taken to dissolve this District and return unspent funds to the City, The Common Council should determine what outstanding invoices are valid and should be paid. Upon that determination, valid invoices should be transmitted to the Division of Accounting, which will pay them out of funds previously collected by the City on behalf of the District. Any remaining funds should be disbursed to the members on a pro -rata basis. were non - performance or poor performance of services required by the contract with the City, nonpayment of vendor's invoices, and the nonpayment of the special assessment fee by a major business in the District. CounciImember Russell requested a non -- biased report for use by all concerned. AUDIT OBJECTIVE Provide an independent assessment of the effectiveness of with regards to the performance of the intended mission of the Bailey Amherst Business Improvement District for all interested parties. Verify adherence to the various terms of the contract with the City, to BADMA by -laws, and confirm the propriety of the expenditures of the funds received from the special assessment. AUDIT FINDINGS Bailey Amherst District Management Association is not currently operating according to the District Plan By -Laws The nine (9) member Board of Directors; consisting of five (S) real property owners, one (1) tenant leasing space, a representative of the Mayor, a representative of the Comptroller and a representative of the Common Council, is responsible for developing a budget and the day -to- day operations. This includes the awarding of contracts and the hiring of staff, if necessary. Currently, there is no active Board of Directors, all Directors' terms having expired. The last formal meeting held was on March 6, 2006. Minutes from that meeting do not indicate those in attendance. The business of BADMA appears to be conducted by the President, the only Officer position in the by -laws currently filled. The other unfilled positions are Vice - President, Secretary and Treasurer. It appears that the President is currently performing the function of all these unfilled positions. Contract between City and BADMA has expired The contract expired December 31, 2007 and has not been renewed. Though the City contracts with BADMA through the Office of Strategic Planning, there does not appear to be any coordination with BADMA's activities and the Office of Strategic Planning. Any City oversight seems to have been done only by the District Councilmember. Arrears forgiven In the minutes of March 6, 2006 member arrears were to be forgiven. A letter was supposed to be sent to the City and the affected members. We could find no evidence of the issuance of such a letter, or any communication to the City informing them of the Board's actions. J Records requested not available Despite numerous requests, certain records were not provided. We were provided certain, but not all, bank records requested. We were not provided evidence of mandatory insurance, or copies of invoices we requested. A copy of the District's By -Laws had to be obtained from the District Councilmember. Services Provided While reviewing services that BADMA intended to provide, as outlined in their proposed services, including landscape and pavement maintenance, litter receptacle pick- up, street furniture maintenance, and security services, we could only locate contracts for snowplowing. According to their self- produced ledger, various venders were paid for maintenance -type services, but no invoice copies were produced. The District's attorney was paid for services, though repeated requests for invoices were not produced in a timely manner. It is not clear what services were provided as there are no new confacts or matters for negotiation that would require legal intervention, particularly without a Board to authorize them. RECOMMENDATION Due to a lack of cooperation regarding the review of various records, or the seeming lack of records, we were unable to give a complete overview of the financial position of the Bailey Amherst District Management Association. We can however, cite that this organization is not functioning as a viable entity. It is essentially being run by one person, allegedly with some assistance from the attorney representing it. As noted there is no acting Board of Directors, and there is no contract with the City. It is our recommendation that the City not enter into a new contract with BADMA and that steps be taken to dissolve this District and return unspent funds to the City. The Common Council should determine what outstanding invoices are valid and should be paid. Upon that determination, valid invoices should be transmitted to the Division of Accounting, which will pay them out of funds previously collected by the City on behalf of the District. Any remaining funds should be disbursed to the members on a pro -rata basis. 111 (Rev. 1193) SINGLE PAGE; COMMUNICATION TO THE COMMON COUNCIL r � TO: THE COMMON COUNCIL DATE: September 22, 2008 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: [: Notification Serial 11 10229 [: Repeat No Standing [: on West Seneca Street, south side [: between .Franklin Street [: and Pearl Street L (Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. ( Item No. xxx C.C.P. xx /xx/xx NO STANDING - REPEAL. In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing; provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that pant of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF I-1161IWAY PRO IIIBI`fED PER West Seneca Street, south side At all times. between Franklin Street and Pearl Street This action is being taken in order to provide new short term metered parking spaces in a high demand area. SJ S /PJ M /ENDS CC: Len Sciolino TYPE, DEPARTMENT HEAD NAME: Peter J. Merlo, P. E. TYPE TITLE: City Engineer SIGNA`T'URE 01' DEPARTMENT MEAD: Y (ns 10229.doe) ,.I ill (Rev. 1/93) SIN PAGE; COMMUNICA "PION TO "THE COMMON COUNCIL TO: THE COMMON COUNCI., DATE: September 22, 2008 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: PRIOR COUNCIL, REFER.I?,NCE: (IF ANY) Ex. ( Item No. xxx, C.C'.P. xx /xx/xx PERMISSIVE PARKING - INSTAI,1_. [: Notification Serial t# 10230 [: Install Metered Parking [: on West Seneca Street, south side [: between Franklin Street [: and Pearl Street [: (excluding existing No Parking [: and No Standing areas) [: (Ellicott District) s f�� In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be Supplemented by adding thereto the following: METE3RID PARKING Metered ParkiiV Locations Period of 'Metered Parking Rate of Metered Parkin West Seneca Street, south side between Franklin Street and Pearl Street (excluding existing No Parking and No Standing areas) 2 Hour Parking 8:00 am to 5:00 pin Monday - Friday This action is being taken in order to provide new shoe term metered parking spaces in a high demand area. SJS /PJM /EDS CC: Len Sciolino TYPE DI PARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: : City Engineer SIGNATU Of^ DEPARTMENT HEAD: Rate C $ 1.00 per hour 2 hour maximum (nsIO230.doc) C� t: 1 4 f� ��a, „ 1. _� SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO. THE COMMON COUNCIL: DATE: 09 -22 -2008 FROM: DEPARTMENT: Public Works, Parks & Streets SUBJECT. [:Banners Within City Right of Way 1- PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx C.C.P. xxlxxlxx) Item No. 124. C.C.P 09102108, The Department of Public Works, Parks & Streets has reviewed the following requests to hang banners and has no objection provided all conditions provided to the applicants by the Division of Engineering are met. 1. Item #124, CCP 912108, "Permission to Good Schools for All to Hang Banner" SIGNATURE DEPARTMENT HEAD NAME: TITLE: cc: Steven J. Stepniak Peter J. Merlo Michael G. Murphy s, Parks & Streets RECEIVED FI l 111 (Rev. 1/93) SINGLE PAGE COMMUNICA'T'ION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 22, 2008 FROM: DEPARTMENT, Public Works, Parks & Streets DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Change in Contract [: City -Wide Sidewalk Replacement - 2008 f: Group #1687 [: P & J Construction Co., .Inc. f� [: item #25 of 5/27/08 I hereby submit to Your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to complete additional tree root and hazardous locations encountered during the construction operations on a District by District basis. Contract Estimated Estimated Item Description Unit Quanti t Cost See attached sheets for item descriptions & prices Existing Contract Amount $457,875.00 Increase in Contract $1.1 0,51.5.00 Total Contract to Date $568,390.00 I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to .P & J Construction Co., Inc. from Capital Project Accounts #31310406 - 445100, #31310206 - 445.100 & #30032106-445100. PJM:MJI:Ilf cc: Steven J. Stopnik Bill Heinhotd TYPL DEPARTMENT I IEAD NAME: Peter J. Merlo, P.E, TYPE TITLE: City 'Engineer SIGNATURE OF DEPARTMENT HEAD: 4y JAVA F I. w vv.v�v -, , —G 1 1 q l;G P %JJUOU i iGl K - J �aC� � 1VU UU W15VU UV Sidewalk Minimum Bid $100100 � 08.660 Course Brick Adjustment 10 Each $50.00 $500.00 Minimum Bid $50.00 11.110 H droseed 1,600 Sq.Ft. $0.20 $320.00 12.110 Maintenance & Protection of Traffic 25 % As $10,000.00 $2,500.00 Fixed Bid Necessa 613.0101 Topsoil 50 Cu.Yd. $50.00 $2,500,00 Minimum Bid $35 680.620506 Conduit, Rigid Plastic 900 Lin.Ft. $5.00 $4,500.00 Class 1,2" Minimum Bid $5.00 8502.5014 Saw Cutting Asphalt Pavement, Concrete 1,115.00 Lin.Ft. $3.00 $3,345.00 Pavement & Asphalt Overlay on Concrete Pavement Minimum Bid $2.00 24608.50 Detectable Warning Surface - 10 Ramps 200 Sq.Ft. $40.00 $8,000.00 2' x 5' per ramp (Minimum Bid $40) Total $110,515.00 City Wine Sidewalk Replacement - 2008, Gr. #687 C Contractor P & J Construction Co., Inc. ITEM NO. I ITEMS WITH UNIT BID PRICE A APPROXIMATE U UNIT U UNIT BID T TOTAL WRITTEN IN WORDS Q QUANTITIES P PRICE D DOLLARS R05.204 C Concrete Sidewalks/ 4" Replacement 5 5,000.00 S Sq.Ft. $ $186 $ $19,300.00 R05.205 C Concrete Sidewalk - 5" Replacement 3 3,600 S Sq.Ft. $ $4.25 $ $15,30(3.00 Bid =fa R05.204 05.220A M Metal Reinforcement (6 x 6, 6" x 6 ") 1 1,000 S Sq.Ft. 0 0.50 $ $50fl.00 Minimum Bid $0.50 05.414 S Sawing Concrete < =4 inch sidewalk 5 500 L Lin.Ft. $ $2.00 $ $1,000.00 R07.105A G Granite Curb - NYSDOT Type "A" 9 900 L Lin.Ft, $ $ 41.00 $ $56,900,00 5" x 16" Replacement R07,105RA G Granite Curb - NYSDOT Type "A' 2 215.00 L Lin.Ft. $ $45.00 $ $9,675.00 5" x 16" Radius Replacement 08.210 S Slotted Corrugated Polyethylene 1 1,115 L Lin.Ft. 5 5.00 $ $5,575.00 Underdrain - 4" Minimum Bid $4.00 8.316E R Receiver Replace- Top Section 3 3 E Each 1 100.00 $ $300.00 Top Box & Grate -, , —G 1 1 q l;G P %JJUOU i iGl K - J �aC� � 1VU UU W15VU UV Sidewalk Minimum Bid $100100 � 08.660 Course Brick Adjustment 10 Each $50.00 $500.00 Minimum Bid $50.00 11.110 H droseed 1,600 Sq.Ft. $0.20 $320.00 12.110 Maintenance & Protection of Traffic 25 % As $10,000.00 $2,500.00 Fixed Bid Necessa 613.0101 Topsoil 50 Cu.Yd. $50.00 $2,500,00 Minimum Bid $35 680.620506 Conduit, Rigid Plastic 900 Lin.Ft. $5.00 $4,500.00 Class 1,2" Minimum Bid $5.00 8502.5014 Saw Cutting Asphalt Pavement, Concrete 1,115.00 Lin.Ft. $3.00 $3,345.00 Pavement & Asphalt Overlay on Concrete Pavement Minimum Bid $2.00 24608.50 Detectable Warning Surface - 10 Ramps 200 Sq.Ft. $40.00 $8,000.00 2' x 5' per ramp (Minimum Bid $40) Total $110,515.00 Total $110,515.00 Mr. Fontana moved: That the above conirnut)ication from the Commissioner of Public Works, Parks and Streets dated September 22, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to P & J Construction Co., Inc., an increase in the amount of $110,515.00, as more fully described in the above communication, for work relating to City - Wide Sidewalk Replacement - 2008. Funds for this project are available in Capital Projects Accounts 431310406- 445100, #31310206 - 445100 & #30032106 - 445100. Passed 16 TAB:rmv LAwp60\n swo r(N nnvU 60 -3 Oa. doe 1 ( 001015 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL, � TO: THE COMMON COUNCIL DATE: September 12, 2008 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT:: Change in Contract [: Fire Engine 35 [: Overhead Door Replacement [: Job #0732 [: Fillmore District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT I hereby submit to Your Honorable Body the following changes for Fire Engine 35, Overhead Door Replacement, Allgaier Construction, C #93000082. 1. Remove and relocate electrical conduits located in masonry Add $ 525.00 wall and in conflict with new door lintel beam. The foregoing change results in a net increase in the contract of Five Hundred Twenty Five and 001100 Dollars ($525.00). Summary: Original Contract Amount $50,600.00 Change Order #1 Add $ 525.00 Revised Contract Amount $51,125.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 39320406 445100 -Division of Buildings. SJS /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: �4 J Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 12, 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, 1, to Allgaier Construction, an increase in the amount of $525.00, as more fully described in the above communication, for work relating to Overhead Door Replacement, C #93000082. Funds for this project are available in 39320406 445100 — Division of Buildings. Passed 17 TAB:rmv 1 A%vpWmswordVnnv1176 -30a. Bloc ffI (Rev. 1/93) SJ NGLE PAGE COMMUNICATION TO T14E COMMON COUNCIL TO: THE COMMON COUNCIL, DATE: September 19, 2008 FROM: DEI'AR`I'MEN`1': Public Works, .Parks & Streets DIVISION: Engineering SUBJECT: [ Change in Contract f: Repair to City Pavements - 2008 f: Group 4684 [: Thomann Asphalt Paving Co., Inc. f� PRIOR COUNCIL REFERENCE: (IF ANY) f: I hereby submit to Your Honorable Body the following request for additional work to the above mentioned contract as follows: Contract Estimated Unit Bid Estimated Item Description Unit 9uantit y Price Cost A02.110 Unclassified Excavation Cu.Yd. 25 $45.00 $1,125.00 A02.412 Small Machine Milling of Asphalt Pavement Sq.Yd. 1,000 $9.00 $9,000.00 A03,210 Subbase course Pavement — 2" crusher run Cu.Yd. 50 $45.00 $2,250.00 A04.120A Asphalt Concrete — Modified Finc Top Tons 75 $75.00 $5,625.00 A04.150A Asphalt Concrete — Top Bnder 0" -- 3" Tons 50 $185.00 $9,250.00 A04.15013 Asphalt Concrete -_. Base, Binder, Top Tons 50 $135.00 $6,750.00 A05.416 Sawing.Pavement/Concrete Base Lin.Ft. 1,000 $5.00 $5,000.00 A 12.110 Maintenance & Protection of Traffic As Nee. 100% $7,000.00 $7,000.00 "total Change Order $46,000.00 Existing Contract Amount Increase in Contract $91,850.00 $ 46,000,00 Total Contract to Date $137,850.00 I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable .Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Thomann Asphalt Paving Co., Inc. from Capital Project Accounts #31310406- 445100, 931310206-445 100 & #130032106 - 445100. PJM:MJG:I if Attach. (1) cc: Steven J. Stepn.iak Bill Heinhold S �i 0 t TYPE DEPARTMENT 1-1FAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: 9 Repair Contract - 2008 E Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 19, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Thomann Asphalt Paving Co., Inc., an increase in the amount of $46,000.00, as more fully described in the above communication, for work relating to Repair to City Pavements -- Group #684. Funds for this project are available in Capital Projects Accounts #31310406 - 445100, #31310206- 445100 & #30032106µ445100. Passed 18 TAB:nnv (Awp601mswordl:vmvll 80- 30a.doo 1 eL [3/4 - 7] #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 19, 2008 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Zoological Gardens [: Roof Replacement [: Job # 0805 E: Delaware District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT hereby submit to Your Honorable Body the following changes for the Zoological Gardens, Roof Replacement, Grove Roofing Services, C #93000144. I. Remove all asbestos containing material. Add $ 13,100.00 The foregoing change results in a net increase in the contract of Thirteen Thousand One Hundred and 001100 Dollars ($13,100.00). Summary: Original Contract Amount $140,000.00 Change Order #1 Add $ 13,100.00 Revised Contract Amount $153,100.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 39320806 445100 - Division of Buildings. SJS /PJM /DAH /dlg cc: Comptroller S. Harvey, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner of Public Works, Parks &Streets Signature of Department Head._ ���' Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 19, 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. 1, to Grove Roofing Services, an increase in the amount of $13,100.00, as more fully described in the above communication, for work relating to the Zoological Gardens — Roof Replacement, Job 40850, C #93000144. Funds for this project are available in 39320806 445100 --- Division of Buildings. Passed 19 TAB : r7nv t:1wp60Ijrnswordl: ruiv1130- 30a.doc +t � I v & . a j_a w Sx $1 #I (Rev. 1/93) SINGLE PAGE COMMUNICATION TO TILE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 75, 2008 FROM: DEPAR'IME;N`T': Pub]_ic Works, Parks & Streets DIVISION: I.ngineering SUB,7E;CT PRIOR COUNCIL REFERENCE: ( -IF ANYH : [: Contract Amendment [: Contract #92011045 Whereas, the City of Buffalo, hereinafter referred to as the "City" and Modern Landfila_, Inc. hereinafter referred to as the "Contractor" has been entered into a twenty- yea_r..' agreement, dat -ed July 1, 2005, bearing contract No. 9207.1045, Whereas, the City and Contractor wish to amend said contract. Now, therefore, both parties agree as follows: Por the remainder of the contract term, Modern Landf-i -Lt, Tnc ~. shall supply the City with the attached insurance and bonds. Department Head Name: Steven J. Stepniak Ti. t.1.e: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: SJS /PJM:cam Attachment C�rt` cc: Peter_ J. Merlo, P.E:., City Engineer t_J (cc091508.doc) l ' 10� 4.1.- Vo DO 40 r[Wil_. Attachment One T-184 F0163/00b e -941b Casualty Insurance REQUIRED INSURANCE The Contractor shall procure and maintain at the Contractor's own expense, without cost to the City, casualty insurance, as distinguished from fire insurance, for liability for damages arising from operations under the Contract until final acceptance by the City, and resulting in bodily injury, sickness and disease, Including death, and for damage to or loss of property. The certificate of insurance shall name the City as the sole insured only If the funding is solely from the city. If funding also comes from other agencies ( Sewer Authority, Water Authority, Community Development, etc.), a separate certificate of insurance is required for each agency, naming each agency as additionally insured. The Contractor shall procure insurance coverage as hereinafter indicated by the "x" mark opposite each form of insurance policy required, The City of Buffalo shall be listed as additional insured on each policy unless otherwise indicated. X WORKMAN'S COMPENSATION AND EMPLOYER'S LIABILITY AND DISABILITY COVERAGE Insurance to cover the contractor as named insured for his liability under the law. X PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY Insurance to cover the Contractor as named insured, and including thereunder as hereafter required; Blasting and explosion. 2S _ Collapse or structural injury to any building or structure. Injury or destruction to underground property. Completed operations insurance between date of completion of the work and Its final acceptance of the City. "Broad Form Property Damage" insurance, where Contract Involves work on existing structures. (f) "BROAD FORM" CONTRACTUAL LIABILITY insurance to indemnify the City for liability assumed by the Contractor on behalf of the owner under the terms of the Contract. The Contractor shall provide an "All Risk" Bullders Risk policy in an amount equal to the contract price. INS — 1 in Initial 0� - LL-' 08,28 FROM T -482 P004/006 P - 445 Required Insurances —page 2 M° x AUTOMOBILE LIABILITY AND PROPERTY DAMAGE Comprehensive automobile liability insurance to cover the Contractor, as named insured, for his ownership, maintenance or use, including loading and unloading, of any owned, hired or non -owned automobile used under this agreement both at and away from the job site_ X OWNERS PROTECTIVE LIABILITY INSURANCE The Contractor shall also take out, pay for and maintain until completion and acceptance of the work required by this Contract, a separate policy of insurance naming the City as the sole insured, The original policy shall be submitted for retention by the City. Said separate policy shall be in amounts of $2,000,000.00 per occurrence for bodily injury, and for property damage, and shall provide coverage for the City, their officers and employees, with respect to said work. Said policy shall provide that the coverage afforded thereby shall be primary coverage to the full limits of liability stated In the declarations, and If said City, their officers and employees have other Insurance against the loss covered by said policy, that other insurance shall be excess Insurance only. Policy Limits The following amounts on policy limits shall be provided: Automobiles -- Bodily Injury and Property Damage combined per occurrence $2,000,000.00. Comprehensive General Liability including Contractual liability, Bodily Injury and Property Damage combined per occurrence $2,000,000.00. Subcontractor's Insurance Any Subcontractor performing work under this Contract shall procure and maintain statutory insurance and other insurance as determined by the Contractor so as to properly cover the liability of both the Contractor and Subcontractor The policy limits shall be the same as required of the Contractor and certificates of Insurance shall be delivered to the Contractor. INS-2 In Initial 06 EOM; Zd eH T -482 P005/006 F - 445 Oth Insurance Provisions Cortification of Effective Insurance The Contractor shall furnish or have on fife with the City a certified copy of each kind of Insurance policy herein required of the Contractor and shall furnish the City with certificates in duplicate evidencing that the required insurance's are in effect for the particular Contract, The Contractor shall also furnish a certificate Of Insurance on the forms provided by the City substantially in the form attached herein as exhibit A, Cancellation Notice Each insurance policy and certificate of Insurance shall contain a provision providing that it shall not be canceled, changed In any respect or not renewed without thirty (30) days prior of written notice to the City of the intention to cancel, change, or not renew, Renewal of Policy All required Insurance policies shall be Dept in full form ' and effect ' until the satisfactory completion of the work to be performed under the Contract Documents and the Contractor shall provide the City wi satisfactory evidence of renewal of such policies and the payment of applied premiums at least thirty (30) days prior to the stated expiration date. State Authorization Insurance policies shall only be.written on insurance companies authorized to do . such business in the State of New York. INS — 3 Initial Initial S J.� STATE OF NEW YORK ) COUNTY OF ERIE } ss.: CITY OF BUFFALO On this day of 200., before me, the subscriber, personally appeared STEVEN J. STEPNIAK to me known, who, being by one duly sworn, did depose and say that he resides in the City of Buffalo, New York; that he, is the COMMISSIONER OF PUBLIC WORKS PARKS & STREETS of the City of Buffalo, the municipal corporation described herein and which executed the within instrument, that it was executed by order of the Common Council of said municipal corporation; and that he signed his name thereto by like order. C ac' No PubliclCommission��ec STATE OF NEW YORK ) COUNTY OF ERIE ) ss.: CITY OF BUFFALO ) On this Z. day of �cwlev, 200 before me, the subscriber, personally appeared GARY E. SMITH, P.E. to me known, who, being by me duly sworn, did depose and say that he resides in NY that he is the VICE PRESIDENT OF MODERN LANDFILL, INC., the corporation described herein and which executed the foregoing instrument; that he knows the seat of said corporation; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. NWb1 ssioner of Deeds r M r DAVID J. KYSER p Notary Public, Slate of New York Registration No. 01KY4923301 QUALIFIED IN NIAGARA COUNTY * MY COMMISSION EXPIRES: /1j I A 2080. CERTIFICATE OF LIABILITY INSURANCE OP ID DATE (MMIDDIYYYY) MODER-2 09/19/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION r f ONLY AND CONFERS NO RIGHTS UPON THE CERTIFIOA. I United Insurance Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 90 Bryant Woods South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS Amherst NY 14228 Phone: 716- 2 8 5 -84 41 rax:716- 285 -8445 IN SURERS AFFORDING COVERAGE NAIC ff INSURED INSURER A: Zurich American insurance Co. —� INSURER 8: Steadfast Insurance Company A INSURER C: Modern Landfill, Inc. GLO5254437 -05 4746 M o 4e1 City Road Model City NY 14107 INSURER D: PREMISE�S o r INSURER E: COV ERAGES THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIFS, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, U LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY E DATE MMI�� DIYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERALLIABILITY GLO5254437 -05 11/21/07 11/21/08 PREMISE�S o r $50,000 CLAIMS MADE I X j OCCUR MED EXP (Any one person) $ X Cont ractual 'Liao PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGAT $ 2 , 000,000 GENT AGGREGATE LIMIT APPOES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY PRO' JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000, X A ANYAUTO SAPS254459 -05 11/21/07 11/21/08 (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accideni) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ^� ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE s4,000,000 S X OCCUR CLAIM5MADE SE05254571 -05 11/21/07 11/21/08 AGGREGATE $4,000,000 $ $ DEDUCTIBLE X RETENTION $ 1,0000 $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY $ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE If yes, describe under E.L. DISEASE -POLICY LIMIT $ SPECIAL PROVISIONS below OTHER A Pollution Coverage PLC525659300 11/21/05 11/21/08 Ea Claim $4,000,000 Total $8,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Solid Waste Disposal Service; Conract No. 92011045 The City of Buffalo is an additional insured in regards to the work performed by the insured for the City of Buffalo as required by written contract. CERTIFICATE BOLDER CANCELLATION C -03 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 65 Ni ara Square City Buffal DPW IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Buffalo NY 14202 REPRESENTATIVES. ACORD 25 (2001/08) - / F -_ `" V' OO ACORD CORPORATION 1986 tl� IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) f( ., ( ti AC ORA. CERTIFICATE OF LIABILI I NSURANCE DATE(MMlDD)YYYY) flllH EIt - -DR PRODUCER LoVullo Associates, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6450 Transit Rd HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Depew NY 14043 — ALTER THE C OVER A GE AFFORDED BY T HE POLICIES BEL _ INS URERS AFFOR DING COVERAGE INSURERA: ESSEX INSURA COMPANY NAIC # INSURED City of Buffalo clo 65 Niagara Square Room 502 39020 INSURERS: J NSURER C: Buffalo, NY 14202 INSURER 1) _ INSURER E: GUVtKAUtb THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, A GGREGATE LIMI SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FN5R DO' P OLICY NUMBER POLICY EFFECTIVE , POLICY EXPfRATION .. TR.:.ix.R.....�._ -_ TYPE OF IN` Sf1L'1N G--- -- _ _____P OLICY . O ._ ATE [ MMf B YY - ATE1Ml LIMITS ' )DLYYJ� _...�._._..�� __.__.._....�___....._.__ A GENERAL LIABILITY - EACH OCCURRENCE $ 2,000,000 _-- 30A1510 0812912008 08 /29/2009 pAMAG� "Tq FtENTIwI] - X 1 COMMrRCtALCPNeRA Exclu _PREMISES.(Ea occurence) $ CLAIMS MADE, LX � J OCCUR MED EXP (Any one person) S _ ... Excluded X OCP PERSONAL & ADV INJURY $ Excluded GENERAL AGGREGATU $ 2 , 00 0,000 GEN'L AGGREGATE LIMIT APPLIES PER: P RODUCT S - COMPIOP AGG $ Excluded POLICY PRO- X ---- -- -.._ _._ I ��J ECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ' ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ �. SCHEDULED AUTOS (Pei person) __ HIRED AUTOS BODILY INJURY NON- OWNFOAUTOS (Per accident) $ - -- - - -- -- PROPERTY DAMAGE $ {Per accident) GARAGE LIABILITY AUTO ONLY - ACCIDENT $_ - ANYAUTO ER, ACC $ - OTHER THAN -- AUTO ONLY: AGG S EXCESSIUMHRELLA LIABILITY EACH OCCURRENCE 1 i OCCUR F-1 CLAIMS MADE AGGREGAFF $ 4- $ DEDUCTIBLE $ ------ P RE TENTIO N $ WORKERS COMPENSATION AND WC S7ATU- ' F- EMPLOYERS' LIABILITY - -TO _ EEC--. ..._..__.._.__._�_�_______..._. E.L. EACH ACCIDEN $ ANY PROPfj1 ErORVPARTNER?EXECUTiVE € _.____- __._..— ,__ -___._ OFFICERIMEMBER EXCLUDED? E. DISEASE EA EMPLOYE $ Ff yyes, describe under SPECIAL PROVISI below _ E.L. DISEAS - POLICY OMIT $ OTHER OE5CRIPTION OF OPERATIONS r LOCATIONS r VEHICLES I EXCLUSIONS AOOED BY ENDORSEMENT r SPECIAL PROVISIONS Ike: Ogden Street Transfer Station CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Buffalo IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR CIO 65 Niagara Square Room 502 REPRESENTATIVES Buffalo, NY 14202 AUTHORI REPRESENTATIVE i ACORD 25 (2001108) f (D ACORD CORPORATION 198E IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACOR© 25 (2009108) Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 15, 2008, be received and fled; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to amend the contract with Modern Landfill, Inc. for a twenty (20) year agreement dated July 1, 2005, Contract No. 92011045, for the remainder of the contract term, Modern Landfill, Inc. shall be required to provide the City with the attached insurance and bonds. Passed 20 TAB:rmv t :\wp601msword\:nnv\2Oc9 -30i. doc '�i� -� ��atl� SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 23, 2008 FROM : DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering PRIOR COUNCIL REFERENCE: NIA SUBJECT: ENDORSEMENT OF THE CITY OF BUFFALO'S APPLICATION FOR BUFFALO AND ERIE COUNTY STANDING COMMITTEE GRANT FUNDING The New York Power Authority Relicensing Settlement funds are available for projects promoting the Niagara River Greenway. The application process requires an approval or endorsement of the governing body, consultation with the Erie County Greenway Commission and application to the Buffalo and Erie County Standing Committee. The Department requests your Honorable Body to endorse the City of Buffalo application for $625,000 in enhancements at Times Beach on the Buffalo Outer Harbor and to authorize all other actions required to receive the grant. There is no City match required for this funding. DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. City Engineer SIGNATURE OF DEPARTMENT HEAD: �� RECEIVED AND FILED SINGLE PAGE, COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 19, 2008 FROM: DEPARTMENT Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [Permission to Increase Contract [Foit- Albert Associates [Contract ## 92011247 [Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. 78, G.C.P. 6/2/07) 1 hereby submit to your Honorable Body the following changes for this contract. I{oit- Albert is the engineering; consultant for the Buffalo Niagara Medical Campus site. This project involves pavement rehabilitation, new Sidewalks and streetscape improvements on Ellicott Street between Goodell Street & Best Street. This increase is necessary due to additional design services throughout the project limits and also transferring; existing water services on the West side of Ellicott Street from existing; 6" old water line to the newer 16" water line. The original consultant contract also was based on total project costs of $ 2.4 M. Now with additional funding from Federal Highway Administration (FHWA), total project costs are $ 6AM. I respectfully certify that this increase is fair and equitable for the work involve, and respectfully request your Honorable Body approve the subject change order and authorize the Commissioner of the Public works, Parks & Streets to issue said increase for $ 230,500.00 The City's share of costs for this project anticipated to be 5 %. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: Cc: Seyed Ghasemi, P.E. Peter J. Merlo, P.E. City Engineer NX ll� z i.� .* A.YB * N.p DAM * � [W3 , 61 [3/4 p 7] � � � � �� � L l �L �r��`� ��L� �i4�.#�'C r -�t,3' C -i•> (� :'� <�{�{ �� �; � 7 /�C ,i��'� CC . �? � C G ee y __ 41 (Rev. 1/93) SIN GPE PAGE COMMUNICA'T'ION TO THE' E' COMMON COUNCIL r� t TO: THE COMMON COUNCIL DATE. September 22, 2008 1°ROM: DEPARTMENT: Public Works, Parks & Strects DIVISION: 'Engineering SIJBJ:I;C'T`: Taxi Stands PRIOR COUNCIL REFERENCE: (IF .ANY) [: Ex. ( Item No. xxx, C.C.P. xx/xx/xx 'I'his item is submitted in response to a request by Council Staff to investigate the possibility of adding taxi stands in the vicinity of the NFTA bus station on Ellicott Street. Please be advised that after an investigation by my traffic e.ngincering staff, it has been determined that there are no acceptable locations in this vicinity for a taxi stand to be installed without adversely affecting the limited space available for much needed short terin parking. SJS /PJM /EDS TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPEE TI`l'I EI City Engineer SIGNATURE OF DEPARTMENT HEAD: (cc092208taxi.doe) REFERRED TO THE COMM ON LEGISLATION. 'Y +i FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES Sept 30, 2008 #1 (Rev. 1193) Single Pale: Communication to the Common Council To: The Common Council: Date: September 25, 2008 From: Department: Economic Development, Permit and Inspection Services Division: Econ and Inspection Services Subject: [:Authority to accept and receive efficiency grant monies Type in Upper and j: Lower Case O nly Prior Council Reference: (If Any) [: Ext, ( Item No XXX, C.C. XXXXX Text ( Type Sinzle Space Be loow ): I would like to petition your Honorable Body to accept and receive grant efficiency monies in the amount of one million dollars ($ 1,000,000.00) to be used for General Demolition of dilapidated properties in the City of Buffalo_ Control Board approval for this transaction was received on 8/20/2008 lype Department Head Name: dames W. Comerfor Jr. Type Title: DEPUTY COMMISSIONER Signa ture of Department Head: Q 25 , z , 15 % Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspection Services dated September 25, 2008, be received and filed; and That the Commissioner of Economic Development, Permit and Inspection Services be, and he hereby is authorized on behalf of the City to receive, accept an efficiency grant monies in the amount of one million dollars ($1,000,000.00) to be used for General Demolition of dilapidated properties in the City of Buffalo. Passed. 23 TAB:rmv tAwp60Vnswor& mv\230 -3Oa, doe �s� �ta� -I �t�d� To: The Common Council: Date: September 10, 2008 From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject: Prior Council Reference: (If Any) Ex. ( Item No. xxx, C.C.P. xx/xx/xx Food Store License 465 Best (Ellicott) 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 465 Best (Alfy's Food Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Signature: Department Head Title: DEPUTY COMMISSIONER JC:mrz REFERRED TO T HE COMM ITTEE � � CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: ALFY'S FOOD MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL_ PHONE: APPLICATION NUMBER: REFERRAL HATE: REMARKS: DISAPPROVAL REASON: 465 BEST 603 -2601 EL 12 MOHAMED ALNASAFI 603 -2601 551339 07/07/2008 ��a LP �� 4 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED �+ DATE: s DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW* ** REMARKS: Ci z ,7 INSPECTOR i3��� <���� p RM# ! EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. RppSUp2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL Y CED Yrr1T iY 1 Al L\'l" BUFFALO, NE` - x OR xv�vG INSPECTION /APPROVAL REQUEST AGENCY f DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: ALFY'S FOOD MARKET REMARKS: DISAPPROVAL REASON: BE COMPLETED BY AGENCY/DEPARTMENT REFERRED 'T'O) =APPROVED DATE: DISAPPROVED DATE: REMARKS: DISTRICT C7 APPROVED DISAPPROVED DATE: NF W LICENSE 2009 ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW -F* REMARKS: (1 COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES_ THANK YOU �tppsrrp2.�a DATE: 0- 0 g o LICENSE TYPE: FOOD ST Cf i' BUSINESS ADDRESS: 465 BEST BUSINESS PHONE: 603 -2601 COUNCIL DISTRICT: EL POLICE DISTRICT: 12 APPLICANT NAME: MOHAMED AINASAFI APPL,. PHONE: 603 -2601 APPLICATION NUMBER: 551339 REFERRAL DATE' 07/07/2008 REMARKS: DISAPPROVAL REASON: BE COMPLETED BY AGENCY/DEPARTMENT REFERRED 'T'O) =APPROVED DATE: DISAPPROVED DATE: REMARKS: DISTRICT C7 APPROVED DISAPPROVED DATE: NF W LICENSE 2009 ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW -F* REMARKS: (1 COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES_ THANK YOU �tppsrrp2.�a DATE: 0- 0 g 313 CITY HALL BUFFALO, NEW Y OR K 1 202 INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: ALFY'S FOOD MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'TRIC'T: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON.... NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFFRRED TO) �nrnn�rtn� DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL.:IVT UST BE STATED BELOW * ** REMARKS: INSPECTOR y-� RM� �C� EXT ( C1 t � AFTER° INSPECTION PLEASE COMPLETE AND RETURN .THIS '? REFERRAL :CAF THE OFFICE OF LICENSES. THANK YOU 4ppslrp2.rt OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. HAKES APPLICATION FOR: ALFY`S FOOD MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 465 BEST 603 -2601 EL 12 MOHAMED ALNASAFI 603 -2601 551339 07/07/2008 'I NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) ..., APPROVED DATE•t KDISAPP DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSttp2.rpf 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: V FERRARACCIO APPLICATION FOR: ALFY'S FOOD MARKET REMARKS: DISAPPROVAL REASON: DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL IV�tS'I BE STATED BELOW" .... REMARKS: INSPECTOR /7� ? EXTr RM# C z --- AFTER. INFECTION PLEASE COMPLETE AND RETURN 'THIS, REFERRAL QF THE OFFICE OF LICENSES. TH XOU -pperrn3_rpr NEW LICENSE 2009 LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 465 BEST BUSINESS RHONE: 603 -2601 COUNCIL, DISTRICT: EL POLICE DISTRICT: 12 APPLICANT NAME: MOI-1AMED ALNASAI APPL. PHONE: 603 -2601 APPLICATION NUMBER: 551339 REFERRAL DATE: 0710712008 REMARKS: DISAPPROVAL REASON: DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL IV�tS'I BE STATED BELOW" .... REMARKS: INSPECTOR /7� ? EXTr RM# C z --- AFTER. INFECTION PLEASE COMPLETE AND RETURN 'THIS, REFERRAL QF THE OFFICE OF LICENSES. TH XOU -pperrn3_rpr OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YOIUC 14202 .851-4078 RESTAURANT RESTAURANT TAKE -OUT xx FOOD STORE BAKERY CONFECTIONER CATERER MEAT, FISH & POULTRY 4 Date 20 APPLICANT NAME Moham A. Alnasafi APPLICANT HOME PHONE # ( 7 16 ) 603-2601 APPLICANT ADDRESS do Buffalo NY 14214 (NO., STRELT) (CITY, TOWN Olt VILLAGE) (SPATE,) (ZIP) CO- APPLICANT NAME CO- APPLICANT ADDRESS CORPORA'T'ION NAME DATE INCORPORATED BUSINESS NAME Alfy's Food Market DATE OF BUSINESS CERTIFICATION _ BUSINESS A13DRESS 465 Best Street, Buffalo, NY 14209 (NO.,S'I'ItEE1� (CITY, TOWN OR VILLAGE) (s'TATE) (ZIP) MAILING ADDRESS (if different than business address) (N6., STREET) (CITY, TOWN OR VILLAGE) (STATE) (GII'} BUSMESS PHONE pending FAX # STATES TAX ID NUMBER NO. OF EMPLOYEES SOCIAL SECURITY # (BAKRR & CONFFCTIONEER ONLY) —A b �It lll - pplicant ig Subscribed and swol to me this day of June ,20_ LICENSE APPLICATION APPLICATION MUST BE COMPLETED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS (PLEASE CHECK LICENSE CATEGORY APPLYING FOR) CO- APPLICANT HOME PHONE # (NO., STREET) - (CITY, TOWN OR VILLAGE) (STATE) (ZIPI MARY, State f "Dee n an dl or t e Nofary Puhlic, State of New York Qualified in Erie County To: The Comman Council: Date: September 15, 2008 Frown: Department: Department of Economic Development Permit & Inspection Services � Office of Licenses Subject: [: Food Store License j: 1291 Broadway (Fillmore) Prior Council Reference: (If Any) Ex. (It No. xxx, C.C.P. xx/xx/xx Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1291 Broadway (Buffalo Mini Mart) 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: C' Department Head Title: DEPUTY COMMISSIONER JC :mrz 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: BUFFALO MINI MART LICENSE 'TYPE: FOOD STORE BUSINESS ADDRESS. BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT. APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1291 BROADWAY 893 -4503 FI II SALEH AHMED 546074 04/09/2007 Sale - t AA , , ed ( NEW LICENSE 2008 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: 0 7 DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR ` RM# 3 t EXT -- AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App51ip2.rpt CITY OF BUFFALO OFFICE OF LI(7 333 CITY HALL .BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEpARTIwiENT: POLICE REFERRED TO: COMMISSIONER OF POLICE A PPLICATION FOR, BUFFALO MINI MART LICENSE TYPE: �jTORE BUSINESS ADDRESS: BUSINESS PRONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS DISAPPROVAL, REASON: 1291 BROAD WAY 8 93 -4503 F1 II SALElY ARMED 546074 0 4/09/2007 NEW LICENSE 2008 PPROVED COMPLETED BY AGEN REFERRE CY/DEPARTMENT - ) A ToI DATE: -r D ISAPPROVED R EMARKS: DISTRICT CA APPROVED D ISAPPROVED DATE: **.kREASON FOR DISAPPROVAL MU REMARK X ST BE STATED BELOW * COM, q- OF POLICE: AFT ER INS PLEASE PECTION REFERRAL TO THE COMPLETE A N i ��` OFFICE OF LICENSES. THANK y U URN THIS . .DATE: UI'I'Y ur' U OFFICE OF LICENSES 313 CITY HALL RiTTi_Tt A 7.Q NI%W Y ---- 1 d -.Q7 INSPECTION /APPROVAL REOUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: BUFFALO MINI MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1291 BROADWAY 893 -4503 Fl 11 SALF14 ARMED 546074 04/09/2007 NEW L 2008 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) / A�RIO:VF DATE: � / C � `7�_ DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS; � G l INSPECTOR p - 'C�` -cJ RM# J��S' EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Rppsrlp2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 ! ` INSPECTIONIAPPROVAL REQUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRACCIO APPLICATION FOR: BUFFALO MINI MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE. COUNCIL DISTRICT:. POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL. DATE: 1291 )3ROADWAY 893 -4503 FI II SALEH AHMED 546074 RENEWED LICENSE 2009 DISAPPROVED DATE- DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT - ;>b K AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS. REFERRAL OF THE 'OFFICE OF LICENSES.. THANK YOU. AypSr p2_rp `E8S ADDRESS: `ESS PHONE: CIL DISTRICT: :E DISTRICT: CANT NAME: PHONE: CATION NUMBER 4-RAL DATE: RMARKS: 1291 BROADWAY 893 -4503 FT A i SALEM MIMED 546074 ©4/49/2047 NEW LICENSE - 2008 KE3YLAxt tip: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF ,LICENSES. THANK YOU. AppslipZrpr OFFICE OF LICENSES 313 CITY BALL, BUFFALO, NY 14202 f71 M 9 -4078 LICEN APPLICATI (PLEASE CHECK LICENSE CATEGORY APPLYING FOR) RESTAURANT BAKERY CONFECTTONE D RESTAURANT TAKEOUT CATERER TORE F00 S MEAT, FISH & POULTRY Date 3 — / yI 20 Applicant I4ome Phone �� ApplicantName ) ,� Applicant Address w Cit Town or illage) State} {No., Street) yi Co- Applicant Name Co - Applicant Address (z (No., Street) (City, Toau or Village) {State ] Date Incorporated CorporationName �' ✓1 �" i Gi +" Date of Business Cetti cate l 1 d 0 Business Name / Business Address ,Street) (City, Ta or VViltage) {State) Zip} Mailing Address (if different thanbusiness address)o ,Street) (City, Tows or Village} (State) (ZiPj State Tax. ID Number No. of Employees Co nfectionex 0*) & SOS,-rib, cl amd 3 oxn to before me this , 4 EP IS, �3�:w �u r n COTfll]Tt531DI1C of D in and fo City of Raffalo, Yozlt NON REFI)NDABLE APP CATI ,Kr€stal J V %= l capPt Not8rY Publio, Sta O 0 No. 07 PA6126686 oualified in Erie County My Commission Expires N tLq To: The Common Council: ' = Date: September 17, 2008 From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject: [: Food Store License [: 912 Delavan East (Masten) Prior Council Reference: (If Any) [: Ex. (Item No. xxx C.C.P. xx/xx/xx): Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 912 Delavan East (Save $ Plus) 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: Department Head Title: DEPUTY COMMISSIONER JC :mrz i REfit= , ,k ED TCJ TH COMMUTT CITY OF BUFFALO OFFICE OF LICENSES 313 CIT HALL nn BUFFALO, NEW YORK 1 . • . .n .. INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRACCIO APPLICATION FOR: SAVE $ PLUS LICENSE TYPE: FOOD STORE NEW LICENSE 2009 BUSINESS ADDRESS: 912 DELAVAN FAST BUSINESS PHONE: (716) 903 -4040 COUNCIL DISTRICT: MA POLICE DIS'T'RICT: 16 APPLICANT NAME: SALAH NASSER APPL. PHONE: 0 APPLICATION NUMBER: 551460 REFERRAL, DATE: 08/12/2008 REMARKS: NEW APPLICATION. VERIFY OLD OWNER IS STILL OPERATING, RICHARD BUI DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE. DISAPPROVED DATE: DISAPPROVAL CALIF BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR T s � RM# s EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSrip2.rpr ull I yr "urrt%l.v OFFICE OF LICENSES 313 CITY HALL III T>♦ I{ A i A), NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE FERRACCIO APPLICATION FOR: SAVE $ PLUS LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE; APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 912 DEJ_.AVAN EAST (716) 903 -4440 MA 16 SALAH NASSER () 551460 07/17/2008' NEW LICENSE (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK * * *REASO REMARKS: INSPECTOR DATE: AL MUST BE STATED BELOW * ** 2009 R;; t - AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsrtpl rpt OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST / AGENCY / DEPARTMENT: FIRE PREVENTION n REFERRED TO: LT. POCZKALSKI APPLICATION FOR: SAVE $ PLUS LICENSE TYPE: FOOD STORE NEW LICENSE 2009 BUSINESS ADDRESS: 912 DELAVAN EAST BUSINESS PHONE: (716) 903 -4040 COUNCIL DISTRICT; MA POLICE - DISTRICT: 16 APPLICANT NAME: SALAH NASSER APPL. PHONE: () - APPLICATION NUMBER: 551460 REFERRAL DATE: 07/17/2008 REMARKS: DISAPPROVAL REASON: (TO BE COMPLE'T'ED BY AGENCY/DEPARTMENT REFERRED TO) API' OVE DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# t EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlfpIrpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALT. BUFFALO, NEW YORK 144202 INSPECTION /APPROVAL REOUEST ' AGENCY /DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: SAVE $ PLUS LICENSE TYPE: FOOD STORE )SUSINESS ADDRESSc BUSINESS PHONE: COUNCII. DIST14CT: POLICE MT1IYCT: APOLYCANT NAME: APPL. PHONE: APPLICATION NUMMER: REFERRAL DAT E: REMARKS: DISAPPROVAL, REASON: 912 DELAVAN EAST (716)943 4040 MA 16 SALAH NASSER C) - 551460 07/17/2008 (TO BE COMPLETED BY AGENCYIWARTkEENT REFE9 "D TO) APPROVED DAZE; DISAPPROVED DATE: (2) NEW LICENSE 2009 REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED ** *REASON FOR REMARKS; DATE: BE STATED BELOW * ** COMM. OF POLICE: Deputy COmmissi=Qr AFTER INSPECTION PLEASE COMPLETE AND RETURN TMS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 1;11 Y Ul' IsurvALV OFFICE OF LICENSES 313 CITY HALL urrRIPAI n NM WIRK 14202 xa vx x x n rl y INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: SAVE $ PLUS LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: (716) 903 -4040 COUNCIL DISTRICT: POLICE DISTRICT. APPLICANT NAME: SALA.H NASSER APPL. PHONE: 0 - APPLICATION NUMBER: 551460 REFERRAL DATE: REMARKS= DISAPPROVAL REASON: NEW LICENSE 2009 (TO BE COMPLETED BY AGENCYAMPARTMENT REFERRED TO) (APPROVED DATE; DISAPPROVED DATE: DISAPPROVAL C ALL RACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** ' l REMARKS: INSPECTOR ; l.' l C °f --�L _ RM4 �f _ EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppS[ip2.rpt \t '� I t 4 A o- L rq - OFFICE IC . OF ++ MCENSES 313 CITY HALL BUFFALO, NEW YORK, 14202 851 -4078 LICENSE APPLICATION APPLICATION MUST BE COMPLETED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS (PLEASE CHECK LICENSE CATEGORY APPLYING FOR) RESTAURANT BAKERY CONFECTIONER RESTAURANT TAKE -OUT CATERER MEAT, DISH & POULTRY xxx FOOD STORE Date July 11 1 2008 APPLICANT NAME Salah A. Masser APPLICANT HOME PHONE # ( 716) 903 - 4040 APPLICANTADDRESw 817 E. Delavan Avenue Buffalo, N 14215 (NO., STREET) (CITY, TOWN OR VILLAGH) (STAT13) (ZIP) CO- APPLICANT NAME CO- APPLICANT ADDRESS CORPORATION NAME DATE INCORPORAT13D BUSINESS NAME Save $ P lu s DATE OFBUSINESSCERTIFICATION 07/07/08 BUSINESS ADDRESS 912 E. Delavan Avenue Buffalo NY 14215 (NO.,STRERT) (CITY. TOWO OR VILLAGE) (WATE) (ZIP) MAILING ADDRESS (if different than business address) (NO., STREET) BUSINESS PHONE pending FAX # STATES TAX ID NUMBER pendi NO. OF EMPLOYEES Subscribed and sworn to me this day Of L 20 Commissione Deeds in and fo�th (NO., STREET) (CITY, TOWN OR VILLAGE) (STATE) (ZIP) CO- APPLICANT HOME PHONE #, (CITY, TOWN OR VILLAGP.) (STATE) (Z11?) SOCIAL SECURITY # (BAKER & CONFECTIONEER ONLY) 1pp;pp1i6ca6,tSig!at:ure To: The Common Council: Date: September 10, 2008 From: Department: Department of Economic Development Permit & Inspection Services 1' Office of Licenses Subject: [: Food Store License [_ 1199 Kensington (University) Prior Council Reference: (If Any) [: Ex. (Item No. xxx C.C.P. xx/xx/xx): Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1199 Kensington (Kenz Mart) 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, Dire 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 Department head Title: DEPUTY COMMISSIONER JC :mrz "' r CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REOUEST AGENCY /DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: KENZ MART LICENSE TYPE FOOD S'T'ORE BUSINESS ADDRESS: BUSINESS PHONE; COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 1199 KENSINGTON 831 -7020 UN 35 SALE H OMAR. VI-7020 551070 06/19/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) DAT E: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW ` REMARKS: P e RM## EKT INSPECTOR 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: KENZ MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSWESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL RE, EASON: 1199 KENSINGTON 831 -7020 UN 16 SAI Elf OMAR 831 -7020 551070 06/19/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCYMEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EKT ^_ AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSfip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 3 1 - 1 C ITV IIAI,L BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF TONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: KENL MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1199 KBNSTNGTON 831 -7020 UN 16 SALLH OMAN 831 -7020 551070 06/19/2008 NEW LICENSE 20€ 9 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE. DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: *'REASON FOR DISAPPROVAL MUST BE STATED BELOW` REMARKS: INSPECTOR RM# ?r 3 EXT ej<-Vf �-� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 14ppslip2.rpt CITY OF BUFFALO OFFICE OF LICENSES I I q !'T'TV 11 A l l JxJ ' .. Y YAAyf -/L BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: KENZ MART LICENSE TYPE: FOOD STORE BUSINESS AI]DRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT. APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE REMARKS: DISAPPROVAL REASON: 1199 KENSINGTON 831 -7020 UN 16 SALEH OMAR 831 -7020 551070 06/19 /2008 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL C'AIA, BACK ** *REASON REMARKS: INSPECTOR DATE: VAL MUST BE STATED BELOW "' NEW LICENSE 2009 f � 4 kT :3 RM# EX'I . AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App3lip2.rpt CITY OF BUFFALO OFFICE OF LICENSES III !`I "1'V HAY I BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OIA POLICE APPLICATION FOR: KENZ MART REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: O's l es? NEW LICENSE 2009 DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW " "' REMARKS: Y COMM. OF POLICE- AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. ,4ppSltp2.rpf LICENSE TYPE: FOOD STORK BUSINESS ADDRESS: 1199 KENSINGTON BUSINESS PHONE: 831 -7020 COUNCIL DISTRICT: UN POLICE DISTRICT: 16 APPLICANT NAME: SALEI-1 OMAR APPL. PHONE: 831 -7020 APPLICATION NUMBER: 551070 REFERRAL DATE: 06/19/2008 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: O's l es? NEW LICENSE 2009 DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW " "' REMARKS: Y COMM. OF POLICE- AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. ,4ppSltp2.rpf OFFICE OF LICENSES 313 CrTY PALL - , BU,FFALiQ, NY 14202 - {716) 851 4078 LTCENSE,APPL T �.. A, FLICATIOri MUST M Cf MnSTE D IN FULL PHOTO ID REQUHLEP AT TAE TIME OF APPLICATION LEASE CHECK LICENSE'CATE+GORY APPLYING FOR } C3: (I` RESTAURANT BAKERY CONFBCT RESTAURANT TAKEOUT CA1"BRER FOOD STORFi; ' MEAT, FISH & POULTRY Date 0 E g 20 Applicant Name C1 0 1 e Applicant Home Phone Applicant Address /J;74 � �� - 1 4- /Y (No„ Street) (City, Town. or Village) (Stata) (Zip) Co ApplicantName Co- Applicant Address ' (N Street), (City, Town or Village) (State) 0P) Date Incorporated CorporationNamc . " ' � - Business Narrte !\ Dato OfBusincss Ce�[ficata !4"" ®3`- O Business Address (N ,Street (CrtY, Town oirYillage) {State) 0p) o ) Mailing Address (if different dmbusiness address) (No., Street) (City, Town or Village) (Stato) (Zip) Business Phone# /d :" Fax# State Talc 7D Number ' Social Security* "^ r No. o n ployoes ($aka &-Confectioner only? s4bscn'bed aad sworn try befort me this Day of V C IDW Comrnissioticr of Dee in and for the . City of Buffilo. NeWYorlc Applicant Signature PETER J, PECORARD N014ry Public, Stato a( Naw Park Qualified in Erie County � tbt4mf4s�n EYpires August 11, 20� NON REFUNDABEE,APPLICATIO.N VEE' list VVI . Mr. Fontana moved: 1 L That the above communication from the Department of Economic Development, !F Pen and Inspections Services dated September 10, 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 the Food Store License application of Saleh Omar located at 1199 Kensington (Kent Mart). r Y 2 7 TAB:rn - lv TAwp60 \msword\rn) 0276 -3 Oa. d oc #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: Septmeber 11, 2008 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Foodstore L 'll,IcoTT j: 325 Niagara (NiaWa District) Type in Upper and Lower Case On y j: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xx /xx /xx Text ( Type i e space Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Foodstre License located at 325 Niagara and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER Signature of Department Head: JC:PSA r CITY OF BUFFALO OFFICE OF LICENSES 31'i CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE FERRACCIO APPLICATION FOR: GARANG INTERNATIONAL MARKET LICENSE TYPE: FOOD STORE NEW LICENSE 2009 BUSINESS ADDRESS: 325 NIAGARA BUSINESS PHONE: (716) 605 -8505 COUNCIL DISTRICT: El, POLICE DISTRICT: 10 APPLICANT NAME: BEE MUSOKO LUKO APPL. PHONE: (716) 605 -8505 APPLICATION NUMBER: 551691 REFERRAL DATE: 08/05/2008 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: F n o INSPECTOR RM #� EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSl pl.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL 9-q - k S . ; BUFFALO, NEW YORK 14202 i-N ` f INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: GARANG INTERNATIONAL MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 325 NIAGARA (716) 605 -8505 EL 10 BEL MUSOKO LUKO (716) 605 -8505 551691 08/05/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVE DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: 3 � ELT INSPEC TOR RM # AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App.Vlip2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY BALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY I DEPARTMENT: IIOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: GARANG INTERNATIONAL MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PIIONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 325 NIAGARA (716) 605 -8505 EL 10 I11✓L M 0 SOKO LUKO (716) 605 -8505 551691 08/05/2008 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE DISAPPROVED DATE: DISAPPROVAL CALL BACK * * *REASO REMARKS: INSPECTOR DATE: DISAPPROVAL MUST BE STATED BELOW * ** NEW LICENSE 2009 `fl �J RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App8lip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: GARANG INTERNATIONAL MARKET LICENSE TYPE: FOOD STORE 0 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 325 NIAGARA (716) 605 -8505 EL 10 BEL MUSOKO LUKO (116)605 -8505 551691 08/05/2008 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: oe DISAPPROVED REMARKS: DISTRICT Cl APPROVED DISAPPROVED DATE: DATE: NEW LICENSE 2009 ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF P �N6-- r= DATE: q l [ I d vepu AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU AppSfip�.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: GARANG INTERNATIONAL MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL, REASON: 325 NIAGARA (716) 605 -8505 EL 10 BEL MUSOKO LUKO (716) 605 -8505 551691 08/05/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED ; DATE J _> DISAPPROVED DATE: DISAPPROVAL CALL BACK * REMARKS: DATE: FOR DISAPPROVAL MUST BE STATED BELOW * ** tJ INSPECTOR � ' ! ./ - . , �Ce f - RM# ,1 EXT AUG 1 1 2009 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSPip2.rpt EP,&RTMYNT 4F 4NU CUL�YLr� tlXtYi t� 7 r � OFF-Tc%.OFLwWs X 313 CM � -3 BUFF`AW N 1" 11-1 [Ak I IC!XN a "- UUaITox • _ - - CON��QNP,� BAgSR:S� MTALMANT ViSTAMANTTAKB CrL� V Fc7�S� Tc r `.• ILLY_ ,• F - ' ` - •Data � . •, ` .�p5�. `" g�d�� . us C) K U G 4 pca�ctSozeFhonc # Ii tAddr $rte �u lv � a� Caw . Pv) ' c� AP�Iic�rit�Cat3a� _ � 04 � - � 04xx � to ` ,Qu�� . M,I�RK'G`l" �iao�t f�? Nf ,� u �`c • gvs�l7.ess �P� # , /� � -�— •�`�' ' '• - + r . ' - .�`#1C # IA- swo�a. to t+o�orGi�cffizs `�'_ _ �Atri�' •��t?4 5�.:�5 _ _ A�� af � � f r ��" `� �• - - xal -�flu� X54.00• - + .3oa OIlct O A at�d a � tgp,14 $ woo WON �o59a RST Awl Mr. Fontana moved: That thc; above commumeation f" oni the Department of Ecoiioinic Development, Permit and Inspections Services dated September 1 1, 2008, he received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of l:aconomic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Bel Musoko Luko located at 325 Niagara. Passed 2 8 TAB:rmv T:%wp60lmswordlrmv128c9- 3Oa.doc To: The Common Council: 1 � b.. , �..F sY Date: September 15, 2008 Prom: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject: [: Food Store License [: 581 Niagara (Ellicott) Prior Council Reference: (If Any) [: Ex. ( Item No. xxx, C.C.P. xx/xx/xx Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 581 Niagara (Niagara Express Mart) 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: e el_ �- Department , lead Title: DEPUTY COMMISSIONER JC :mrz OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: NIAGARA EXPRESS MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 581 NIAGARA BUSINESS PHONE: (716) 359 -4779 COUNCIL DISTRICT: EL POLICE DISTRICT: 10 APPLICANT NAME: ABDUL ALJAMALI APPL. PHONE: U - APPLICAI'ION NUMBER.: 551762 REFERRAL DATE: 08/0812008 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: � � _ o r DISAPPROVED DATE: REMARKS: NEW LICENSE 2009 DISTRICT CAPTAIN: ( - t - Nt$ APPROVED DATE:. DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF P AFTER ]Fi KCTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU AppSliplrpt llilA i .' - Vim ----- OFFICE OF LICENSES 313 CITY MALL BUFFALO, NEW YORK 14202 AUG I 1 2008 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: NIAGARA EXPRESS MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COLJNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL, DATE: REMARKS: DISAPPROVAL REASON: 581 NIAGARA (716) 359 -4779 EL 10 ABDUL ALJAMALI 0- 551762 08/08/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) [ APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE: Ell1 DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR / �� RM# AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppS11p2.rpr OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: NIAGARA EXPRESS MART LICENSE TYPE: FOOD S'T'ORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICTi APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 5 81 NIAGARA (716) 359 -4179 EL 10 ABDUL ALJAMA.LI 0- 551762 08/08/20008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE: - l G ? DATE: 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. AppSdipl rpt %-Il X MX -"U.UVAMA�" U ROYAL REASON: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** I.-3Arrxv v A u DATE: ACT, BACK OR V --- RM# � � � EXT -� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlipl,rpt AUG 0 8 200 NO FOR LOW 'nor rp qry MOO � -�+�+F ` _ ; • � - ' �fj�.1lLL�V • �i ., w ' srt ' -•• _r •• � _4 4• i « J _ .. ., � .'7' '.. `j�,4,Q.� •cad. (roo-o9¢orlc �Y7L { 11.dd -#� 04 4T� Aa TL 10 • _ 51x40 X04 - 1 1 AA I To: The Common Council: Date: September 10, 2008 From: Department: Department of Economic Development Permit & Inspection Services Office•ofLicenses Subject: [: Food Store License [: 931 Niagara (Niagara) Prior Council Reference: (If Any) [: Ex. ( Item No. xxx C.0 -I`. xx /xx/xx): Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 931 Niagara (Niagara Asian 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: Y-4� Department head Title: DEPUTY COMMISSIONER JC :mrz REFERRED P THE COMMI ON LEGISLATiOK, CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: NIAGARA ASIAN MARKET LICENSE TYPE: FOOD STORE NEW LICENSE 2008 BUSINESS ADDRESS: 931 NIAGARA BUSINESS PHONE: 885 -6574 COUNCIL DISTRICT: NI POLICE DISTRICT: 00 APPLICANT NAME: MYATT LWIN APPL. PHONE: - APPLICATION NUMBER: 546075 REFERRAL DATE: 04/09/2007 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) C APPROVED ;! DATE: " DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: Z� , .. INSPECTOR f - lC RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App8rip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: NIAGARA ASIAN MARKET LICENSE TYPE: FOOD STORE Q BUSINESS ADDRESS: 931 NIAGARA BUSINESS PHONE: 885 -6574 COUNCIL DISTRICT: NI POLICE DISTRICT: 00 APPLICANT NAME: MYATT LWIN APPL. PHONE: - APPLICATION NUMBER: 546075 REFERRAL DATE: 04/09/2007 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2008 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 1 o ) DISAPPROVED DATE: REMARKS: G DISTRICT CAPTAIN: APPROVED DATE: DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUSS' BE STATED BELOW * ** REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppVip2 rpr r CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: NIAGARA ASIAN MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 931 NIAGARA BUSINESS PHONE: 885 -6574 COUNCIL, DISTRICT: N1 POLICE DISTRICT: 00 APPLICANT NAME: MYAT LWIN APPL. PHONE: - APPLICATION NUMBER: 546075 REFERRAL DATE: 04/09/2007 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED ROVED DATE: DISAPPROVAL CALL RACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR NEW LICENSE 2008 RM# EXT ,t AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. RppSlip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: NIAGARA ASIAN MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 931 NIAGARA BUSINESS PHONE: 885 -6574 COUNCIL DISTRICT: NI POLICE DISTRICT: 00 APPLICANT NAME: MYATT LWIN APPL. PHONE: - APPLICATION NUMBER: 546075 REFERRAL DATE: 04/09/2007 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2008 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PPROVED DATE: A f� DISAPPROVED DATE DISAPPROVAL CALL RACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR k RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSli 2 rp, CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: NIAGARA ASIAN MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 931 NIAGARA BUSINESS PHONE: 885 -6574 COUNCIL DISTRICT: NI POLICE DISTRICT: 00 APPLICANT NAME: MYAT LWIN APPL. PHONE: APPLICATION NUMBER: 546075 REFERRAL DATE: 04/09/2007 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2008 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: - 7 DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 4ppsrr12-Tt \ �.., J To: The Common Council: krtY,.. a Date: September 10, 2008 From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject: [: Food Store License [: 1981 Niagara (North) Prior Council Reference: (If Any) [: Ex. (Item No. xxx C.C.P. xx/xx/xx): Pursuant . to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a hood Store License located at 1981 Niagara (Black Rock Deli Inc.) 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, hire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Signature: Department Head Title: DEPUTY COMMISSIONER 3C ;Mrz r CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL i iiF F".LO, NE�xr , vnnu I��n� INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: BLACK ROCK DELI INC LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICY DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'Z'E: 1981 NIAGARA 348 -7920 NO 00 ALICIA MITCHELL 348 -7920 550866 06/05/2008 REMARKS: DISAPPROVAL REASON; PUBLIC SAFETY CONCERNS (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: <� t �� DISAPPROVED REMARKS: DISTRICT C) APPROVED DISAPPROVED DATE: DATE: ** *.REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: NEW LICENSE 2009 COMM. OF POLICE: `/��. C AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSCrp2rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL _ YYY\Yl ! Y' A tiYY:ttYY YYA �3Uf'i'P�t+'ll� 1�iL' VY Y V1i.tS.. 141,�11.G INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: BLACK ROCK DELI INC LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL, DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 1981 NIAGARA 348 -7920 NO 00 ALICIA MITCHELL 348 -7920 550866 06/05/2008 DISAPPROVAL REASON: NEW LICENSE 2009 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPRO DATE: t ]PISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR 6 EXT e l'a �3 . AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL INSPECTION/APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: BLACK ROCK DELI INC LICENSE TYPE: FOOD STORE NEW LICENSE 2009 BUSINESS ADDRESS: 1981 NIAGARA BUSINESS PHONE: 348 -7920 COUNCIL DISTRICT: NO POLICE DISTRICT: 00 APPLICANT NAME: ALICIA MITCIIuL, APPL. PHONE: 348 -7920 APPLICATION NUMBER: 550866 REFERRAL DATE: 06/05/2008 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL RACK DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# X EXT qP� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU App,Slip2.rpi OFFICE OF LICENSES 31-3 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: BLACK ROCS pEL1 INC LICENSE.TYpE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONES COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER: REFERRAI D 4TEs':, 1981 NIAGARA 348 -7920 NO 00 ALICIA MITCHELL 348 -7920 554866 0005/2008 REMARKS: DISA.PPROV ALREA.S.ON: /; NEW LICENSE 2009 DISAPPROVED' DATE: DISAPPROVA DATE: C'AI;I. BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: A& INSPECTOR ": - Cc�r�t 1 RM# / E 071 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS RE FERRAL O .THE :OFFICE OF LICENSES THANK YOU. ApPSr]W'T CITY OF BUBALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK J INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: FIRE PREVENTION REFERRED TO: LT, POCZKALSKI APPLICATION FOR: BLACK ROCK DELI INC REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPRO DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * * REMARKS: RM# INSPECTOR 3 2 l EXT AF'T'ER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsrpa.rpf NEW LICENSE 2009 LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 1981 NIAGARA BUSINESS PHONE: 348 -7920 COUNCIL DIS'T'RICT: NO POLICE DISTRICT 00 APPLICANT NAME: ALICIA mrrcI -TELL APPL. PHONE: 348 -7920 APPLICATION NUMBER: 550866 REFERRAL DATE: 008 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPRO DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * * REMARKS: RM# INSPECTOR 3 2 l EXT AF'T'ER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsrpa.rpf D EPARTME NT OF ECONOWC DEVELOPWN , PEWT ECTiC}N L� t V t y OFFICE OF LICWgES 313 CITY PALE T i BUFFALO NY 147,0 a�i -IrU - ! • LICENSE API�LIC ATIQX - PLEAsu CHECK LTCMNB CATFGORy PL FO C, \ � BAUPY MTAVRANT CAT RE �F60D STaRB ' R S TAU� TAKEOUT JOAT, FISH & PofiLTKY ... 20 0 Da Applicant INIame C ° - �� Applicant Accre� {State} . {Zips EN�� Street} (City: 9r illage} co- A�pliaahtNau�e , C.oAppiioazat A4dress (State} {mss} �Ta., Sheet) (City, Torn ar Vill:ao) Corporatian�C�ie �'.�' _ •- ,•,' • ca'te:•' ' - _ � -' '. Business Addresso ,Sir _t) v {Gty, a or.Vr�ag) {i£ &MM114 than St ti ens cld ess) Towiz or �I } " State} ( ) . Mg,Addzess _ - {No;,- �`tCC6t }� '�� >,. .. _ , -. •. � ' _ . - � • �� -�E �� -..._� � 7,b -Pax #� - • . _ • -. - -, •• . - `fax iD unab� `" 2-10 �O $ocu23� � • Mate, _ . moo_ of Employees � {Baku: & Canfectianer 4 y} ; �� - - • � j�pplrca�lt: Sl�ill�� _ u U7 COO bod and sworn to bo ore% e t ZS , T : o=2o0 SEATS Hof.. - FEES. SaUU` Day vf� �• ' 3 ' 'S� Comrnissiarct aD iia ate foY� city of $offalci, No1�'cnk ' jOi-400, s spti '00 4 4Q1,+ .• _ F ©01 ST ©Mp1 7,3 565 00 I BA RfCaNFECTi© 10 t0S.0 #125 415 26 50 015,00 - si 2aa a$z�.ao "T Opp, Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated September 10, 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 Alicia Mitchell located at 1981 Niagara (Black Rock Deli Inc.). Passed 31 ,.i TAB:rmv T:\wp60\msword\rjnv\3 16 -3021. doc ��a�_i ���.�� ®� �� ae' .� .�, q ,q� � �, . . _ a �� -� . . .. . Y i � Q � � � E ! � ,� � �. i Ird V irk #1 (Rev. 1193) Single Page Communication to the Common Council To: The Common Council: Date: September 12, 2008 v From: Department of Economic Development, Permit & Iins ectiou Services Division: Office of Licenses Subject: [: Lodging House License [: 531 Franklin (Ellicott) Type in Upper and [: ] Lower Case Only j [: Prior Council Reference: (If Any) Ext. (Item No. xxx, C.C.Y. xx/xx/xx) Text (Tyne Single Space Below) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 531 Franklin and find that as to form is correct. I have caused an investigation into the premises for which. said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, Health 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 Stanislav Sadigurski. The attached thereto for Stanislav Sadigurski d /b /a 531 Franklin Street Revocable Trust. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER Signature of Department Head: JC,:PS:jd `� r ITT L:� Interdepartmental Memo Date: September 12, 2408 To: Jaynes Comerford, Deputy Commissioner From: Patrick Sole Jr., Supervisor of Licenses RE: Common Council Communication Lodging House at 531 Franklin St. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Lodging House License application to the Common Council: ❑ Zoning Office ❑ Fire Prevention ❑ Building Inspection ❑ Police Department ❑ Health Department ❑ Lodging House Agent License (Not Required owner lives on Premises) ❑ Application Supervisor o Licenses Date P -1470 (REV. 3196') APPLICATION RELEASE.VORNI - FO UE MAILED TO: Buffalo Police Department Identification. Section I4 Franklin Street Buffalo , New York 14202 There is a $ 10.00 fee to process this data. By mail, pay3nent 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 availed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Comm issiotier of Deeds, as listed on the bottom of this application. Without total colxzpliance to these instructions , you WILL NOT receive the requested information. ALL SIGNATURES MUST B E: ORIGINAL NAME OF APPLICANT: � ��. '�'��� /MAIDEN NAME SEX q RACE CURRENT ADDRESS: l r t.nr (DATE OF BIRTH: SOCIAL SECURITY # REASON FOR REQUEST SIGNATURE OF APPLICANT DATE STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO On the _day of ; _._._ , before me personally appeared f_ to inc known to be the same person described in, and who executed the foregoing instrume t d acknow�d�the execution thereof. Notary 1 / Com `missioner of Deeds BE COMPLETED BY IDENTIFICATION SECTION P.3 RSONNEL' "" 66 -- i f _ VERIFsIED 13Y: NO RECORD ON PILE DATE VERIFII D NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIL AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY f DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: ' N - -Fi -- 6+*A4I:—I)' APPLICATION FOR: 531 NFRANKLIN STREET REVOCABLE TRUST LICENSE TYPE: LODGING HOUSE NEW LICENSE 2009 BUSINESS ADDRESS: 531 FRANKLrN BUSINESS PHONE: (71 602 -3222 COUNCIL DISTRICT: 1.-'L POLICE DIS'T'RICT: 03 APPLICANT NAME: STANISLAV SAINGURSKY APPL. PHONE: (716) 602 -3222 APPLICATION NUMBER: 551498 REFERRAL DATE: 07/21/2008 REMARKS: DISAPPROVAL REASON: NEW OWNER (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) NUMBER OF BEDS w _.. - . APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW'" REMARKS: INSPECTOR RM# C EXT f- s�. AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlip2.rrt 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: 531 NFRANKLIN STREET REVOCABLE TRUST LICENSE TYPE: LODGING HOUSE NEW LICENSE 2049 BUSINESS ADDRESS: 531 I BUSINESS PHONE: (7 E 6) 602 -3222 COUNCIL DISTRICT' EL POLICE: DISTRICT: 03 APPLICANT NAME: SI'A.NISLAV SA.DIGURSKY APPL. PHONE: (716) 602 -3222 APPLICATION NUMBER: 551498 REFERRAL DATE: 07/21/2008 REMARKS: DISAPPROVAL REASON: NEW OWNER (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) NUMBER OF BEDS APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: ' MATE: 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. AppSrpl.rpr CITY OF BUFFALO BUSINESS ADDRESS: OFFICE OF LICENSES r� 313 CITY HALL J BUFFALO, NEW YORK 14202''' POLICE DISTRICT: AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: 531 NFRANKLIN STREET REVOCABLE TRUST LICENSE TYPE: LODGING HOUSE � ' NEW LICENSE 2009 BUSINESS ADDRESS: 531 FRANKIAN BUSINESS PHONE: (716) 602 -3222 COUNCIL DISTRICT: EL POLICE DISTRICT: 03 APPLICANT NAME: STANISI,AV SADIGURSKY APPL. PHONE: (716) 602 -3222 APPLICA'T'ION NUMBER: 551498 REIsERRAI, DATE.: 07/21/2008 REMARKS: DISAPPROVAL. REASON: INSPECTION /APPROVAL REQUEST j NEW OWNER (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED ° DATE: DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED REMARKS: to DATE • J ' DATE: -'- "REASON FOR DISAPPROVAL MUST BE STATED BELOW xxx COMM. OF POLICE: Deputy Uoml11issioner. AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU AppSlipl.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: ERIF,, COUNTY HEAL,TI I REFERRED TO: ERIF COUNTY HEALTH DEPT APPLICATION FOR: 531 NFRAN.KLIN S'T'REET REVOCABLE TRUST LICENSE TYPE: LODGING HOUSE NEW LICENSE 2009 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 531 FRANKLIN (716) 602 -3222 EL 03 STANISLAV SATAGURSKY (716) 602 -3222 551498 07/21 /2008 NEW OWNER (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) NUMBER OF BEDS APPROVED DISAPPROVED DISAPPROVAL CALL. BACK DATE: DATE: � DATE: **REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** 4 f1 f3 � REMARKS: + INSPECTOR �. RM# r EXT f i f AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. .rpt "rFSfic�r ;� `,y t,� CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST i AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: I.T. POCZKALSKI APPLICATION FOR: 531 NFRANKLIN STREET REVOCABLE TRUST LICENSE TYPE: LODGING HOUSE NEW LICENSE 2009 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 531 FRANKLIN (716) 602 -3222 FL 03 STANISL,AV SAINGURSKY (716 )602 -3222 551498 07/21/2008 REMARKS: ClOn DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) NUMBER OF BEDS APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE:' DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW"* REMARKS: I INSPECTOR 4-�-� Egli, �: �1 .,- sA':. -.F RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2.rpf nCDA0TI'IAI =AIT nI� FC'_nNOMIC: DE VELOPMENT ; L� L... 1 rmjj ,• O NES—Id ■ v M ■wr w YV � w w . r a. PERMIT & INSPECTION SERVICES REPORT OF COMPENSATORY TIME EARNED wwwnrsr.ti.r.rrw.ww�+r nr wrrww'r.v+�. r�www.. r. rr�..►. svw.. r. +..w.wrr+ww�.rw+rew..r++�+rsrrr w+w1 �.sr.'+r I, HEREBY CERTIFY THAT I EARNED COMPENSATORY TIME AS FOLLOWS: => NO. OF HOURS WORKED IN EXCESS OF REGULAR SHIFT: X 1 HOURS EARNED. =�> DATE ON WHICH COMP. TIME WAS EARNED: =:> TIME (S) OF DAY WHEN EXCESS HOURS WERE WORKED: � "1 ' d 9 REASON FOR TIME WORKED: yz - ve EMPLOYEE SIGNATURE: DIVISION: DATE: ww. w+ �++^.+ wn.. wwr. rww, r. ww.. r�►+ �++ r+ wwws�r�vw+ r. w+ ww�ra�+ +w+...�++ww.+..wwrr.wwww�rww�m. �rwrow Payroll records reflect employee's bank of unused compensatory time will equal hours as a result of time earned on above -noted date. CERTIFIED BY , TIMEKEEPER wwww.r..w.�.rwww.w.w�.•r•.r a�rwww�.. ..r+r.rrw.www..rwwr�.,r.ww.wwwr w,tiw�...w�..w�.r.w wr+rw�wr w►..e PRIOR AUTHORIZATION TO WORK OVERTIME WAS GRANTED BY: DATE: (IMMEDIATE SUPERVISOR) (ASSISTANT DIRECTOR OF DIVISION) DATE: wwwwn.. � .w...rwrra�.ww.r.�.www.ww.r.��r �.w.+�...wwwry w.r.r+..vw�.rnMw.r. wrw�.r ^►r wr r..w'rr w+�rwww... NOTE A FULLY COMPLETED FORM MUST BE FORWARDED TO THE PAYROLL OFFICE THE DAY AFTER OVERTIME IS WORKED (ON THE FOLLOWING MONDAY IF OVERTIME IS WORKED ON A WEEKEND). V - " : 0 ' 4 ' J 1 #I (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: September 10, 2008 r , From: Department: De axtment of Economic Develo Permit &Inspection Services Division: Of fice of Licenses Subject: J Lower Case Only Prior Council Reference: (If Any) Ext. (Item No. xxx C. C.P. xx/xx/xx Text (ape Sin le S ace B [: Restaurant Dance License (RENEWAL [: 26 Mississippi (Efliu t) F t t-r-h\A R-& Pursuant to Chapter I50 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 26 Mississippi (Cobblestone) for which said renewal application for a Restaurant Dance Class N license is being sought by Daryl Carr and according to the attached ;reports from the fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. �,-_.... Sri of Department Head: e Title: Deputy Com sioner 7C:mrz L11 CITY OF BUFFALO OFFICE OF LICENSES - 4� "Fry %77SAI '010 kl l A 1 ll� BUFFALO, NEW YORK 144202 INSPEC'T'ION /APPROVAL REQUEST 3 AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: COBBLESTONE LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 26 MISSISSIPPI 848 -1930 00 DARYL CARR 628 -2450 512239 RENEWED LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) AP PROVED DATE: -2:� f� 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. AppSl p22rpf CITY OF BUFFALO OFFICE OF LICENSES BUFFALO, NEW YORK 14202 { INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: COBBLESTONE LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: 26 MISSISSIPPI BUSINESS .PHONE: 848 -1930 COUNCIL DISTRICT: POLICE DISTRICT: 00 APPLICANT NAME: DARYL CARR APPL. PHONE: 628 -2450 APPLICATION NUMBER: 512239 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: RENEWED LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: /A �/ DISAPPROVED REMARKS: A DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: DATE: DATE: ** "REASON FOR DISAPPROVAL MUST BE STATED BELOW * "" REMARKS: COMM. OF POLICE:' AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. RppSl p2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CIT riALI, BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: COBBLESTONE LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 26 MISSISSIPPI 848 -1930 00 DARYL CARR 628 -2450 512239 RENEWED LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) AP DATE: -4- OVED DATE: DISAPPROVAL CALL BACK DATE: "" *REASON FOR DISAPPROVAL MUST BE STATED BELOW" REMARKS: INSPECTOR RM## EXT y r� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK. YOU. AppS&p2.rpt #I (Rev. 1/93) Sin le Pa e Communication to the Common Council To: The Common Council: Date: September 19, 2008 From: Department of Economic Development, Permit & Inspection, Services Division: Office of Licenses I Type in Upper and I I Lower Case Only-1 Subject: Second Hand Dealer 2222 Genesee St (Lovejoy) Prior Council Reference: (If Any) Ext. (Ism No. -xxxC.C.P. mix—x1m): Text (T ype Single Space Be-low): A Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 2222 Genesee St and find that as to form is correct. I have caused an investigation into the premises for which said application for a second band 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 Dwayne Hicks. The attached thereto for Dwayne 'flicks d/b/a Ocean Blue Thrifty. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JANES COMERFORD Type Title: DEPUTY COMMISSIONER Signature of Department Head: )ANM< JCTS-Jd REM R PRE E ""') TO THE COMMUTEE C'. r} ....... ........... _... -- -�.... _.... ._.. ... .- -rr -. ...... ... ._ ...... ..._ _... ..._. -'I ..... _. ._.. -- - -- ......... _.w,.... -- Date: September 19, 2008 To: James Comerford, Deputy Commissioner From: Patrick Sole Jr., Supervisor of Licenses RE: Common Council Communication Second Hand Dealer at 2222 Genesee St. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Second Hand Dealer application to the Common Council: , U Police Record Check E Application _ �� 01 Supervisor of Licens s Date Zoning Office Fire Prevention Building Inspection Police Department , U Police Record Check E Application _ �� 01 Supervisor of Licens s Date CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: OCEAN BLUE THRIFTY LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL. DISTRICT": POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2222 GENESEE (716) 892 -0378 LO 16 DWAYNF HICKS (716) 892 -0378 551101 06/23/2008 CALL BEFORE GOING OUT (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: 1 j e 7 d - /, S ,- fy ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT NEW LICENSE 2009 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2.rpi 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: OCEAN BLUE THRIFTY LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2222 GENESEE (716) 892 -0378 LO 16 DWAYNE HICKS (716) 892 -0378 551101 06/23/2008 CALL BEFORE GOING OUT NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PPROVEI? DATE: l/ DIS PROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT - 3�1 e AFTER INSPECTION PLEASE COMPLE'T'E AND RE'T'URN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Apps'W2rpr 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: OCEAN BLUE THRIFTY LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT' POLICE DISTRICT: APPLICANT NAME. APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 2222 GENESEE (716) 892 -0378 1;0 16 DWAYNE HICKS (716) 892 -0378 551101 06/23/2008 REMARKS: DISAPPROVAL REASON: CALL BEFORE GOING OUT (TO BE COMPLETED BY AGENCY/DEPART ENT REFERRED TO) APPROVED DATE: DISAPPROVED REMARKS: DISTRICT CAPTAIN: APPROVED DATE: NEW LICENSE 2009 -�r /l , 0 DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF P AFTER INSPECTION PLEASE COMPLETE AND RETURN 'IRIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSttp2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT POCZKALSKI APPLICATION FOR: OCEAN BLUE THRIFTY LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT; POLICE DISTRICT: APPLICANT" NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL, REASON: 2222 GENESEE (716) 892 -0378 LO 16 DWAYNE HICKS (716) 892 -0378 551101 06/23/200$ NEW LICENSE 2009 CALL BEFORE GOING OUT 2ND REQUEST (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR C;� RM# �� EXT �t AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlipzrpr P -7 47C (Revised 3/96) TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 v f .L D 2008A.20 AMR-Q3 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 orders payable to the Buffalo Police Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT SEX M Akt CURRENT ADDRESS: DATE OF BIRTH: SOCIAL SECURITY #: REASON FOR REQUEST: SIGNATURE OF APPLICANT DATE �6 - --') .C3 =QdINK __ State of New York ) County of Erie ) SS. City of Buffalo On the day f � U , before me personally appeared me known to be the same person described in, and who executed the foregoin strument and acknowledged the execution thereof. ---- �� v =lu clConunissi ner of ds ...........................TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL....,........... ............................... RECORD ATTACHED VERIFIED BY NO RECORD ON FILE DATE VERIFIED APPLICATION RELEASE FORM NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAX'S FROM DATE VERIFIED. NOT VALID UNTIL, STAMPED BUFFALO POLICE DEPARTMENT RAP SHEET RlC1 #: 04762613 NYSID #: 07566849 -Y FBI #: Master Name: HICKS, DWAYNE Sex: Male Master DOB: Race: Black Current Age. 40 Ethnicity: Unknown Most Recent Address: 41 VERDI WALK, BUFFALO NY 00000 US Report hate: 06120{2008 11:22 Report Printed By: BORCZYNSKI, ROSE Page: 1 of 1 Note: The Charae dispositions show in bold below the orioinal charge_ Arrest Date Incident # Booking Name Charges Booking # First Alias Cts Law Section Serb 0 Ci cat Deg Nr= Desaipt 12/15/1993 BUF 93 - d349742 HICKS. ❑WAYNE 1 FL 230.03 x e M 4 4 099 PATF, PROST -4 93- ]3x36 -99 (1� ''., ' d IEw.. ,..�i`1150 .i r e," 9a � .w * Not based on Fingerprints 'y ari1,.APYLN.iX3C OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 151 - 40y8 LICENSE APPLICATION APPLICATION MUST BE COMPLETED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICATION . NO EXCEPTIONS (PLEASE CagCK LICENSE CATEGORY APPt.YING FOR) USED CAR DEALER - Y—_SECONljlftAND DEALER GARAGE SALE WHOLESALE JUNK _ __SCRAP PROCESSOR PAWNBROKER _FLEA FLEA MARKET (NO- OF VENDORS ) �r DATE 6 c C) Cog APPI.IGAI�ET NAME 1 �`�-' APPLICANT HOME PHONE # 6 APPLICANT ADDRESS q S 1 BLt.(� to (No., YiIE mT) (CiT "WN OR VILLAGE) (STATE) (ZIP) CO•APPLICANT NAM CO- APPLICANT HOME PHONE rl�' -,k S� y CO- APPLICANT ADDRESS (xo„ srxl�ET) (eITY. Tawiv ox �vrc.I.AGE> (sTAT�1 (ZIP) CORPORATION NAME DATE INCORPORATED BUSME.SS NAME BUSINESS ADDRESS 52 BUSINESS PHONE FAX# _, -,•., APPLICANT HOME PHONE 292-03 7k STATE TAX ID NUMBED DATI OF BIRTFI PLACE OF BIR ? y ARE YOU A U.S. CITIZEN _ RAVE YOU EVER BEEN CONVICTED OF A CR WE'i i es IF, SO STATE WIZEN, WHERE, NATURE OF OFFENSE AND DISPOSITION 5 "I" esS e JrlG, c.i` LIST PRINCIPAL OFFICERS OF CORPORATION (IF APPLICABLE) (NAME) {AllDRRSS} (NAME) (ARMS) {hiANiE} (ADDRESS) (NAIfiL�) (ADDREW (NAME) (ADDRESS) (NAME) (ADDRESS) (PAWNBROKER ONLY) GIVE SCHEDULE OF RATES PROPOSED TO BE CHARGED b "p tSignature T SuLseri d worn to before me this� 20.....,..1__ Day of a ,nissioner of De d's n s� #lEe y City of Brt,/fpl0, Ne Yor � �'. NON REFUNDABLE APPLICATION FEE #1 (Rev. 1193) Sing Rage Communication to the Common Council To: The Common Council: Date: September 16, 2008 f, From: Department Department of Econo Development Permit & In spection S ervices ( ` Division: Office of Licenses Type in Upper and I. over Case Only - - Subject: [: Sidewalk Cafe License j: 1680 Elmwood (North) Prior Council Reference: (If Any): Ext. ( Item N o. xxx, C.C.P. xx /xx / xx) - Text ( Type Single Space Below The Common Council approved a sidewalk cafe for the restaurant located at 1680 Elmwood on June 29, 1999 (Item #144)_ The restaurant, formerly known as Mr. Tony's fierce Arrow Saloon is now owned by Joseph M. Chadima 1.1.1 (Jimmys on Elmwood). Mr. Chadima has requested permission to install a similar cafe. The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing; the Commissioner to issue a "mere license" to encroach City right of way provided all.conditions in the above mentioned approval are met. Type Department Ilead Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER Sign of Department Head: L PXZ___� �._ RULf"1Z f r I> % J Applicant Nam. t 1 D!B /A m Location of Business A .V& Street OFFICE OF LICENSES 313 CITY HALL BUFFALO, NY 14202 Phone # (716) 851 -4078 • F ax # (716) 851 -4952 SIDEWALK CAFE APPL f CCATTO.N i Date AtA s 20 Zip Code Business Phone 3 ) — q (l Home Phone — 7 - 73 -7 , Dimensions of Cafe '2 / X 13 Number of Tables 3 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). Note: The Cafe may not lse ermanentl aff iced to the Main Bnildin or Public Sidewalk. 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 pedestrian passage (use reverse side if more space is needed). N ote: A,, minimum of fo ©r feet of uninteirru te ublic sidewalk MUST exist after installation of Cafe 1. swcapp[ 7-7- . T & A DI 1'O iT U N0.-.LZ .�. hf � owner of Building Signature if different than applicant Applicant Signature Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated September 16, 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 issue a "mere license" to Joseph M. Chadima III, applicant, located at 1680 Elmwood, to install a similar 21 x 13 sidewalk cafe, which would encroach city right- of-way at said address, subject to the conditions as, requested by the Commissioner. Passed. 35 TAB :rmv 'r:1wp60\ ns vordVmv"5c9- 3Oa.doe �� -- '.-- 84 {Rev 7 -07} CDZ4616�TeD LO Certificate of Appointment In cornplianc tvitlt provisions ol' Section 24 -3 of the Charter and Chapter 3-5-I of the Ordinances of the City of Ruffalo, 1 transrhhit this certification of appointments) or protnotion(s)_ I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human .RCSUnfcesK.iviI Service for the Appointment Effective: September 8, 2008 in the Department of Economic Developm Permit & Inspection Services Division of Administrative Office to the position of Special Assistant to the Commissioner of EDPIS Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open - Competitive, Promotional, Non- Competitive, (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 34133 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Michael L. Marcy DATE ADDRESS 40 Orchard Place CITY & ZIP Lackawanna, NY 14218 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSW. XXX -XX- , Li Li.. . BUDGET ORG. CODE 1655101 TITLE CODE NO 0356 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2007 -51 SALARY RANGE OF POSITION 34133 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM. NAME OF APPOINTING AUTHORITY: _Brian Reilly TITLE OF APPOINTING, AUTHORITY: Commissioner, EDPIS DATE: Septernher 8, 2008 SIGNATURE OF APPOINTING AUTHORITY: ORIGfNAL + 2 COPIES l Q: CITY GCERK U Nltipl - UHL APFUIN I Mt N I U I kl OTHER COPIE TO: #3- C IMPT F20 LLEF t #4- HUMAN SERV /C IVIL SERVICE #5- BU DGET 46- DE PARTMENT #7- DIVISION #8- EMPL OYEEL5A REG ME0 AND LE FROM THE CIVIL SERVICE COMMISSION Sept 30, 2008 { ty d"° 7" - VX7 I Y A T Cl� f; DEPARTMENT OF HUMAN RESOURCES Civil Service Division ' BYRON W. BROWN MAYOR DATE: September 19, 2008 TO: Common Council FROM: Olivia A. Licata rl Director, Civil Service Administration OLIVIA A. LICA'TA DIRECTOR RE: Addendum to Agreement with EB Jacobs, LLC — Entry -Level Firefighter Final Interview The proposed addendum with EB Jacobs, LLC, the vendor that administered the entry -level Firefighter written examination, is for the development and validation of a structured oral interview process for Firefighter candidates. The structured oral interview would become a qualifying event in the Firefighter selection process. The interview process was requested by the Fire Department. A similar interview process was given to entry -level Police Officer candidates. The interview process would consist of two panels, each consisting of a Fire rep, HR rep and citizen rep. EB Jacobs would develop the content of the interview process and train panel members how to conduct interviews and score responses. The attached proposed addendum is for a cost not to exceed $15,000. 05 NIAGARA SQUARE. / lool C TY HAI.I, / BU.FFA1,O,NY 14202 -3310 / (716) 851 -5900 / FAX: (716) 851 -5401 ADDENDUivi 1 !j THIS ADDENDUM made and entered into this,,,,,, day of �a 2008 is by and between the CITY OF BUFFALO ( "CITY"), a municipal corporation organized under the laws of the State of New York with its principal office at 65 Niagara Square, Buffalo, New York through its DEPARTMENT OF HUMAN RESOURCES ( "HUMAN RESOURCES "), and EB JACOBS, LLC, a corporation with offices located at 300 South Burrowes Street, State College, PA 16801 ( "CONTRACTOR "). WITNESSETH: WHEREAS, the CITY and CONTRACTOR entered into an agreement dated the 9th day of August, 2007, attached hereto and made apart hereof as "Exhibit A "; and WHEREAS, the CITY requires the continued services of the CONTRACTOR to develop lawful entry-level Firefighter selection procedures to be used to generate the CITY'S entry -level Firefighter eligibility fist; and WHEREAS, in accordance with the terms of the agreement, the CITY and CONTRACTOR have mutually agreed upon the services and costs relating to the administration of make -up testing necessitating a modification to the agreement; and WHEREAS, pursuant to its passage of Item No. 72, dated the 24 day of July, 2007, the City of Buffalo Common Council has authorized HUMAN RESOURCES to modify the services of CONTRACTOR to perform the aforesaid services; WHEREAS, this Addendum is intended to memorialize the agreement entered into by and between the parties and shall be attached to and made apart of the Exhibit A; and NOW THEREFORE, for and in consideration of the foregoing and of the mutual covenants, promises, representations, and conditions made herein, the parties agree as follows: 1. The CONTRACTOR shall continue to provide professional and technical services as provided for in Exhibit A. 2. That the terms and conditions of Exhibit A are hereby modified to provide the following are specific functions to be performed by the CONTRACTOR: A.) Develop and validate a structured oral interview for the selection of all candidates to the position of entry-level Firefighter from the current eligibility list; and B.) Assist the City in structuring the panel and coordinate the logistics that will rate Firefighter candidates in the oral interview process and provide training for the panel members, as set forth in more detail in Exhibit B. 3. That as compensation for the performance of the services herein described, the CONTRACTOR shall submit invoices for services rendered to the Deputy Commissioner of Human Resources. Invoices for services referenced in paragraph "2" shall not exceed the sum of FIFTEEN THOUSAND DOLLARS ($15,000.00). The compensation paid to the CONTRACTOR shall be inclusive of all services rendered and shall include airfare, transportation, meal expenditures, and hotel accommodations associated with the administration of the test under the contract as set forth in "Exhibit B" attached hereto and made apart hereof. 4. Payment shall be made upon the submission of vouchers by the CONTRACTOR to the Department of Human Resources as the various services are completed. S. All materials developed for the structured oral interview will be the property of the City of Buffalo for future use for the selection of candidates to the position of entry-level Firefighter. 6. Except as specifically modified herein, all terms and conditions of the original agreement remain in full force and effect. 11-4 W11114") WHEREOF, the parties nave set their signatures this Day oI , 2008. Ell JACOBS, LLC CITY OF BUFFALO RICK R. JACOBS PRESIDENT DEPARTMENT OF HUMAN RESOURCES APPROVED AS TO FORM ONLY: ALISA A. LUKASIEWICZ CORPORATION COUNSEL BY: CAVETTE A. CHAMBERS ASSISTANT CORPORATION COUNSEL 1� On the day of in the year 2008 before me personally appeared to me known, who, being by me duly sworn, did depose and say that (s)he reside(s) in Buffalo, New York; that (s)he is the, of the CITY OF BUFFALO, the municipal corporation described herein and that (s)he executed the above instrument in his /her capacity for and on behalf of said municipal corporation by like authority. NOTARY .PUBLIC ACKNOWLEDGEMENT On the day of in the year 2008 before me personally appeared RICK R. JACOBS to me known, who, being by me duly sworn, did depose and say that he is the PRESIDENT of EB JACOBS, LLC, the corporation described herein and that he executed the same in his capacity for and on behalf of said corporation by like authority. NOTARY PUBLIC T �U"T7fri tm A x;.r��r�e.x.x3i i H '7: !�u 1' Mr. Bonifacio moved: cl� t That the communication froizi the Commissioner of human Resources, dated July 17, 2007, be received and filed; and That the Commissioner of Human Resources be, and he hereby is authorized to execute the Memorandum. of Agreement between the City of Buffalo and E_ B. Jacobs for the preparation and administration of the next entrance -level Firefighter examination. Passed. 0 PJS:rmv T:\wp601msword\rmv%62c7- 24a.doe ��� 107 L/l CITY OF RUFFA T .n DEPARTMENT OF HUMAN RESOURCES Civil Service Division BYRON W. BROWN IS•L4YDIt DATE: July 17, 2007 TO: Common Council FROM: Leonard A. Matarese Commissioner SUBJ: Contract for Entrance -Level Firefighter Examination LEONAR1D A. U- MIRESE, ICN1_A -CM, IPMA -CP COMMISSIOI`!ER OLIVLk A. LICATA DIRECTOR ■ [ t [ i t ! E i ! ! ! l ■ [ M N N � w [ ! 1 ! i N ! [ ! ! [ ! N N [ ! N ! ! N ! ! ! ! ■ ■ ! iE ! ! N i • � M N M N [ ! 1 ! ! f ■ ! ! ! ! [ ! ! i ! [ ! ! ! ■ [I ■ ! ■ 1 Attached is a contract with EB Jacobs, the examiner selected to prepare and administer the next entrance -level Firefighter examination. This contract is a result of the RFP process and in accordance with the revised procedures to comply with the District Court's 1979 Order an hiring entry -level Firefighters. V * �A : 7 65 NIAG 11.3 SQiJ � AE / 1001 CITY I- AU / BUFFALO, NY 14202 -3310 / (716) 851 -5900 / PAX: (716) 851 -5401 Gf4 07/24/2007 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BUFFALO AND E.B. JACOBS This agreement is made and entered into this day of July 2007 by and between the CITY OF BUFFALO, NEW YORK, a municipal corporation ( "CITY'), through its DEPARTMENT OF HUMAN RESOURCES, a municipal subdivision ("HUMAN RESOURCES "), and EB JACOBS, a corporation with offices located at 300 South Burrowes Street, State College, PA. 18801 ( "CONTRACTOR "). WITNESSETH WHEREAS, an Order was filed in or about November 1 979, and entered upon the official docket in the case of United States_ of America. v. Cityof Buffalo et al Docket No. CIV- 1973.4140; which case is pending in the United States District Court for the Western District of New York before United States District Judge John T. Curtin; and WHEREAS, said Order requires the CITY to enter into a written contract with an expert to develop lawful entry -level Firefighter selection procedures to be used to generate the CITY'S entry-level Firefighter eligibility list; and WHEREAS, the CONTRACTOR is well - qualified and experienced in developing entry -level firefighting selection procedures; and 173 07/24/2007 WHEREAS, the CONTRACTOR shall furnish expert professional services to the CITY, its Law Department, its Fire Department, and to HUMAN RESOURCES which are temporary in character and not otherwise available to the CITY and HUMAN RESOURCES; and WHEREAS, the CITY did solicit proposals requesting submissions for said expert professional services and the proposal of E.B. Jacobs was selected from among the proposals received subsequent to the presentation of all competitors' proposals, and WHEREAS, the Buffalo Fiscal Stability Authority ( "BFSA ") was created by the State of New York in 2003 with certain powers over the finances of the City of Buffalo including the power to approve certain contracts entered into by the City of Buffalo, and WHEREAS, the BFSA has determined that all contracts involving the City of Buffalo that have a.contract value of $50,000 or more must obtain BFSA approval, and WHEREAS, this Agreement exceeds the threshold of BFSA approval authority and must therefore be referred to the BFSA for action prior to the City of Buffalo executing this Memorandum of Agreement, and 2 274 07/24/2007 WHEREAS, the Buffalo Common Council, which acts as the legislative branch of City government, must review and adopt a Resolution to approve certain contracts entered into by the City of Buffalo, and WHEREAS, this Agreement must therefore be referred to the Common Council for action prior to the City of Buffalo executing this Agreement; NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION OF THE FOLLOWING MUTUAL COVENANTS, IT IS MUTUALLY AGREED AS FOLLOWS: SERVICES TO BE PERFORMED BY THE CONTRACTOR: The CONTRACTOR shall perform the following activities, set forth in more detail in Part V below, A.) Develop lawful entry-level Firefighter selection procedures to generate the CITY'S open competitive Firefighter eligibility list, to include the use of a multiple- choice question component, for cognitive and personality testing and a physical abilities test.; B.) Develop a study guide for the written exam to be distributed to candidates via the Internet or hard copy; C.) Train City personnel, including, but not limited to Human Resources personnel, as required and outside monitors to administer the written exam; 3 Llo 07/2412007 D.) Train City personnel, including, but not limited to Human Resources personnel, as required, and outside raters to administer and rate the physical abilities test; E.) Shall have present on the day of the written exam and physical abilities test a representative of the CONTRACTOR to oversee and assist in the administration of said exam /test, F.) Score the examination and establish an eligibility list; G.) Prepare a validation study that complies with all federal legal requirements. 11. RECORDS: (A) The CONTRACTOR shall prepare, maintain, secure and make available to the City, at no cost and as necessary, all records -as required by the Uniform Guidelines on Employee Selection Procedures, 29 G.F.R. 1607, et sea (B) Any documents provided to the CITY and /or HUMAN RESOURCES in written form will also be provided on computer disk. 111. DURATION OF CONTRACT: The term of the contract shall extend from the date of this Agreement to for a period of eighteen (18) months, or until the examination is presented to the United States District Court for a determination of its validity 4 276 07/24/2007 IV. TRAVEL AND EXPENSES: The CONTRACTOR'S fee shall be inclusive of all reasonable and necessary travel and subsistence expenses associated with the development of the test in Buffalo, New York, consistent with Exhibit "A" V. CONTRACTOR'S FEE AND METHOD OF PAYMENT: (A) The CITY agrees to pay the CONTRACTOR an amount not to exceed $121,676.00, consistent with the terms in Exhibit "A ", attached hereto. Payment shall be made as described in Exhibit "A ", attached hereto. (B) Payments shall be made upon the submission of vouchers by the CONTRACTOR to the Human Resources Department as the various services are completed. Payment will be made within 60 days of receipt of vouchers. VI. LITIGATION SUPPORT: The CONTRACTOR shall make its representatives available for consultation and presentation of testimony as requested by the City Law Department and /or outside counsel for the City in connection with presentation of the selection procedure for validation by the Court. The CONTRACTOR'S participation in these activities will be billed separately at the hourly rates set forth in Exhibit "A ". VII. CITY'S REPRESENTATIVES: i k 277 07124 {2007 The CITY'S representatives shall be the Corporation Counsel and the Commissioner of Human Resources. Vlll. APPLICABLE LAWS AND POLICY: In the performance of this agreement, the CONTRACTOR shall abide by and conform to any and all laws of the United States, the State of New York, the City Charter, Ordinances, Laws and Regulations of the City of Buffalo, New York. IX. RELATIONSHIPS: The performance of the CONTRACTOR'S services hereunder shall be in the capacity of an independent contractor and not as an officer, agent or employee of the CITY or HUMAN RESOURCES. In this regard, the CONTRACTOR agrees to hold the CITY and HUMAN RESOURCES harmless from all damages to property or injury to persons arising out of the acts or omissions of the CONTRACTOR, or its officers, agents or employees. Specifically, but not limited to, the CITY and /or HUMAN RESOURCES shall not be responsible for any costs or payments of worker's compensation, unemployment benefits or social security benefits. X. INSURANCE: 0 27B 07/24/2007 During the term of this contract, the CONTRACTOR shall maintain f� and supply to the City proof of insurance containing provisions in form and substance acceptable to the CITY, HUMAN RESOURCES, and the CITY'S CORPORATION COUNSEL, including but not limited to: a. Workers' Compensation Insurance b, Professional Liability Insurance in the amount of two million ($2,000,000.00) dollars. C. General Liability Insurance (including, but not limited to, contractual liability, bodily injury and property damage) in the amount of two million ($2,000,000.00) dollars per occurrence. The City of Buffalo must be named as an additional insured and Certificate Holder. d. Other such provisions as are acceptable to the CITY, HUMAN RESOURCES, and the CITY'S CORPORATION COUNSEL XI. ASSIGNMENT: The CONTRACTOR shall not assign this agreement to any person, firm, Partnership or corporation without the written consent of the CITY, nor shall the agreement be assignable or transferable by any process or proceeding in court or by judgment execution, receivership, proceedings in insolvency or bankruptcy, either voluntary or involuntary. 7 279 07/24/2007 XII. TERMINATION: f It is mutually understood and agreed that the CITY shall have the right in its sole discretion to terminate the CONTRACTOR'S services. Payments for only those services completed at the time of termination will be paid to the CONTRACTOR. XII. CHOICE OF LAW: The parties submit themselves to the jurisdiction of the Supreme Court of the State of New York, County of Erie and consent that any and all litigation regarding this Agreement shall be brought in and adjudicated in such Court. Any dispute arising in connection with this Agreement shall be determined in accordance with the laws of the State of New York. IN WITNESS WHEREOF, the parties have set their signatures this Day of 2007. By Leonard A. Matarese Commissioner Department of Human Resources By Alisa Lukasiewicz Corporation Counsel (Approved as to Form) Rick R. Jacobs President BB Jacobs APPROVED AS To FoRW ONLY fir' ' 07/24/2007 Citv of Buffalo Acknowled4e_ment On this day of , 2007, before me personally appeared Leonard A. Matarese, being by me duly sworn, did depose and say that he is the Commissioner of Human Resources, which is a party to this Agreement, and that he has read the contents thereof, and signed this Agreement. Notary Public 07/24/2007 City of Buffalo Acknowledgemen# On this day of ..__. , 2007, before me personally appeared Alisa Lukaslewicz, being by me duly sworn, did depose and say that she is the Corporation Counsel, which is a party to this Agreement, and that she has read the contents thereof, and signed this Agreement. Notary Public 11 #1 I R 07124/2007 Cl of Buffalo Acknowledgement On this day of , 2007, before me personally appeared Rick R. Jacobs, being by me duly sworn, did depose and say that he is the President of EB Jacobs, which is a party to this Agreement, and that he has read the contents thereof, and signed this Agreement. Notary Public 017635100009 DFLODOCS 1509907v2 II F F. M .M 07/24/2007 EXHIBI T A Description of Project Activity Cost 1. Protect KicLoff„lAdministration $4,800 ■ Kick -off communicationsfineeting between 1=B Jacobs and City project team, finalization of project plan and ongoing project administration. Includes on -site kick -off meeting. 2. lob/Trartsportability Analyses Option A: Full ,lob Analysis Option A: $16,000 ■ Review of existing job analysis data ■ On -site interview /observations and panel meetings with job incumbents and supervisors to identify the essential job functions, abilities (cognitive and physical) and personal characteristics to establish content validity evidence in support of all tests and specifications. Includes targeted discussions with Academy or other staff regarding physical requirements of job. ■ Administration of two surveys each to approximately 75 -100 incumbents and supervisors via mail -out process to obtain information regarding job duties, tasks, abilities and personal characteristics for use in validating the proposed examination based on content and criterion - related (transportability) strategies. ■ Transportability analysis to compare local duty, ability and personal characteristic profiles with those developed for general entry -level position (and 1999 Buffalo position) to provide criterion - related evidence in support of the use of the FSAB and global scoring solution (or 1999 Buffalo scoring solution). ■ Documentation of the job analysis activities and results in validity transportability and final reports. Note: if the Fitness Test Option is selected (see Item 7B), the costs associated with the Job/transportability analysis will be reduced. 12 Z64 07/24/2007 3. Candidate Prel2aration Guides: ■ Development and delivery of camera -ready and web -based Costs Included candidate preparation guides to describe the test processes within fees for and provide preparation suggestions and sample each test element items /exercises to candidates. (See Section B. Options- Item 10 for Printing /Shipping Costs) 4. Written FSAB Test Licensing and Scoring See Attached Per Candidate Fee • FSAB examination booklets and answer sheets. Schedule on Page • FSAB candidate preparation guide. 68 • Administrative manual including monitor guidelines and candidate instructions. ■ Production of scores and consultation with City regarding any cut- Estimated Cost scores and list production, based on 1999 • Production of relevant adverse impact analysis and other summary volume of 3,270 Is: statistics. " Provision of language for candidate notices. (Assumes the City will $46,075 prepare and distribute individual candidate score notices.) ■ Includes shipping /transporting of materials ■ Assumes City will provide monitors for written test administration. 5. FSAB Administration $4,440 ■ Two EBJ staff on -site for one day to oversee FSAB administration. ■ Training of City personnel /proctors prior to the FSAB administration. 6. Computational Review $5,000 ■ Preparation of materials (candidate notifications) required for review. • One EB Jacobs representative on -site for two days to conduct approximately 6 -8 review sessions 7. Physical AbIW Test Development/Updatil3a, Administration and Scoring Option A: Simulation -Style Physical Ability Test Option A: $26,500" • Development of updated PAT specifications and content validity linkages based on updated job analysis data. • Developmenttmodifrcation of PAT event blueprints and consultation during course re- construction. • Pilot testing, proctor training during pilot testing, and establishment of updated event cut - scores based on incumbent test results. • Provision of materials needed for administration including: proctor manual, score sheets, medical waiver form, video script, candidate instructions and incumbent instructions_ ■ Oversight during construction of videotape preview, if desired. (Does NOT include provision or construction of videotape preview). • Development of a camera -read or web - based candidate 13 285 07/24/2007 preparation guide to describe the test process and provide preparation Per Candidate Fee suggestions to candidates $1 Base Fee • Assumes 1 EB Jacobs staff on -site for 2 consecutive days to conduct $35,00 pilot testing, proctor training and provide oversight during videotape $30.00 construction. $25.00 • Assumes 1.EB Jacobs staff on -site for first day of incumbent testing and $20,00 first day of candidate testing. $15.00 • Production of candidate scores and list. $12.50 *Assumes that the same or similar facilities, equipment and $10,00 resources are available for the Physical Ability Test course construction. 8. Prolect Reports: $8,900 ■ One copy each of a Job Analysis Report, Transportability Report and Final Validation Report to describe and document all project - related activities in compliance with the Federal Uniform Guidelines on Employee Selection Procedures (1978). ``9. Estimated Travel Expenses: $14,404 It is estimated that approximately 10 on -site visits involving up to 20 person days will be made by multiple EBJ staff to cover the Kickoff Meeting, Job Analysis Interviews and Surveys, Written Test Administration Session, Physical Ability Test development Sessions, and Computational Review phases of the project. EBJ will bill consultant travel expenses directly, not to exceed $10,000. EBJ will work with the City to minimize travel expenses by conducting multiple activities where possible. Total Cost l: With Options 2A and 7A: $121,675 Notes: -All options assume the same candidate volume for the Written FSAB as In 1999 (3,270). -A fourth total cost option Is NOT provided for Options 2A and 7B because if a fitness. test Is used (7B), then the full Job analysis (2A) would not likely be needed. Per Candidate Fee Schedule for Written Examinations Nurnberof.Candidates Per Ailtrii' €stration Per Candidate Fee Up to 25 $1 Base Fee 26 -50 $35,00 51 -100 $30.00 101 -250 $25.00 251 -500 $20,00 501 -1000 $15.00 1001-2 $12.50 2,801 -5,000 $10,00 14 U 07124/2007 over 5,000 To be Ne otiated`' .3 Note: These costs are progressive. As an example, if there are 1,000 candidates in one administration, the price for the first 25 candidates is $1,000; the price for candidates 26 -50 is $35 per candidate, the price for candidates 51 -100 is $30 per candidate and so on as indicated in the chart. Thus, the total cost for the number of candidates that participated in 1999 (i.e., 3,270) would be $46,075. For illustrative purposes, the total costs at various candidate counts are presented below: Number of Candidates Total Price 1,000 $19,525 2,000 $32,125 3,000 $43,375 4,000 $53,375 5,000 $63 15 287 07/24/2007 B. Options Description of Project Activity 10. Printing /Shipping of Preparation Guides: If the City needs EB Jacobs to provide hard copies of the preparation guides, they can be provided for the following additional costs. These $2.50 per guide costs include printing and shipping: $2.50 per guide FSAB Guide (Approximately 40 pages): PAT Guide (Approximately 40 pages). 11. Alternate Forms Alternate forms will be provided at no additional cost since the FSAB No Charge program (and associated fees) includes the continuous generation of alternate forms and the Physical Ability Test requires no alternate forms. $800 for initial make- up for each test element (FSAB, PAT) 12. Make -up Administrations $400 for each Each additional administration required for military make -ups, ADA subsequent make -up for each test element accommodations, etc. will be billed separately. Fees for the first make- up will be higher to cover set -up. Subsequent make -up administrations These costs will be will be charged at a lower cost. Costs assume make -up administrations reduced if the same will involve small (approximately ten or fewer) make -up candidates and group of make -up that no additional training or on -site presence is required. candidates participates in multiple test elements r: ifol �o"iO� 07/24/2007 q C. Tutor /Monitor Cast Estimates Note: Per the RFP, we are estimating the potential cost of tutors /monitors for each test element assuming the use of external personnel. We would bill the City at direct cost for each test element plus an administrative fee to handle all responsibilities associated with tutorlmonitor payment. In the 19982001 examination, only physical ability test payments were handled by EB Jacobs and the direct costs for monitors approximated $165,000 at $20 per hour per monitor. For the current proposal, we have assumed a fee of $25 -$30 per hour but can adjust that fee accordingly based on the prevailing rate in Buffalo. The costs presented below are clearly estimates. Given the uncertainty associated with this fine item, we cannot provide a not -to- exceed estimate. We have provided a fixed estimate for the administrative fees for each test element but can adjust those fees as well if the number of tutors /monitors involved in any given test element falls well below our ex ectations, Estimated Monitor Written FSAB Examination Payments: Assumes approximately 50 monitors for approximately 8 hours $10,000 - $12,000 each for training and administration at $25 -$30 per hour. Admin. Fee: $1,000 Physical Ability Examination (Assuming Simulation -Style Test) Estimated Monitor Assumes same costs as In 1999 -2001 at $25 -$30 per hour instead payments: of $20 per hour. Approximately 35 monitors worked on the PAT over the course of a 2 -month period. Again, payments totaled $200,000 - $250,000 about $165,000. Admin Fee: $3,500 17 :• 07124/2007 Additional Notes EB Jacobs will bill monthly based on the approval of the City of Buffalo This cost proposal will remain valid until November 21, 2007. All services provided and outputs produced (excluding final report text) will remain the intellectual property of EB Jacobs. Our clients are given a reproduction license to cover the contract period and requirements (i.e., number of candidates), but may not make any information available to third parties without written permission from EB Jacobs. Our cost estimate has been derived using our standard daily consultancy rates for public safety projects and is based upon, a) the scope of work outlined in the proposal and b) the timeline presented. If either the scope of work or timeline is changed, a modified cost proposal may be required. Our daily rates are based upon volume of work and related cost savings. Therefore, additional contract work may be conducted at slightly different rates. The cost estimate includes: EB Jacobs travel expenses; communications, mail and courier services from EB Jacobs; and general overhead. The cost proposal assumes Priority Mail or Economy Courier Services, expedited services are available for an additional fee. The cost proposal also assumes 3 -week advance purchase airfares. The cost estimate excludes facility- related costs (acquisition, rental, furniture, equipment), litigation support services or activities beyond the scope of work. For the purpose of the Cost Proposal, we have assumed that this project will not occur under Court Oversight. However, should litigation services be required, the fee schedule in effect at the time the additional work is requested will be used to negotiate rates and policies. Our current fee schedule for litigation support and work beyond the project scope is attached. ' EB Jacobs' daily consultancy rates cover salary, benefits, rent, utilities, insurance, shared corporate services and general operating costs, 01 18 290 U7/24/2001 EB Jacobs, LLC Engagement Agreement For Litigation Support and Work Beyond Project Scope EFFECTIVE JANUARY 1, 2006 9. Litigation support Any activity proposed during the course of the contract, that a) is quasi -legal in nature (e.g., activities performed in response to oversight from a court - appointed attorney /expert or oversight agency such as the Department of Justice pursuant to litigation and associated court requirements) including, but not limited to, supplementary data transfers, data analyses, reports, meetings and conference calls; or b) is related to existing or pending litigation (e.g., Expert Witness services, Fact Witness services) will be billed at the hourly rates specified in this Agreement. When providing litigation support, EB Jacobs bills by the hour, at rates commensurate with the skills of our staff, as set forth in the attached Fee Schedule. We organize client work in such a way as to attempt to minimize the cost to the client, while still meeting exacting standards of timeliness and professionalism. Expenses such as normal copying, communications (phone, fax, and e-mail) and so forth are included in our hourly rates, large copy Jobs, shipping, and travel expenses are billed separately. Travel time is billed at 50 %n of our. standard hourly rates. No surcharge is added to out of pocket expenses. For litigation related projects, EB Jacobs will request an initial retainer to begin work. Where the client is an attorney, our retention shall be solely with the attorney. Even where the attorney forwards bills to its client for payment, the attorney shall remain responsible to us. The retainer will be appropriate to the anticipated scope of work. Consulting fees and costs will be billed against the retainer until it is exhausted. Any unexpended funds in the retainer will be retumed to client by EB Jacobs at the conclusion of the engagement. Subsequent bills will be sent on a monthly basis and payment is due within 15 days of the date on the cover letter. Each statement's cover letter describes the activities for which the statement is rendered. An interest rate of 1.6 %o will be charged for each month that an invoice is more than 30 days past due. Clients are responsible for all costs of collection incurred by EB Jacobs in collecting invoices, including attorney's fees. From time to time we may provide an estimate of fees and costs relating to litigation support. Such estimates are subject to many unknown or uncontrollable variables and they are only intended as approximate projections at a particular point in time. They may change as we move forward, and they are not intended to be an agreed -upon fixed -fee amount. EB Jacobs's fees will be paid regardless of the opinion rendered or the outcome of any litigation, settlement or other proceeding. In no event shall our liability to a client (absent gross negligence or willful misconduct) exceed the fee received by us from client on an engagement. If a final report, deposition or trial testimony is required; we reserve the right to request payment of outstanding fees and expenses prior to submission of such report or testimony. prior to the submission of any statement describing our experience, credentials or the nature of our work or opinions in this matter (e.g., answers to interrogatories); we will be provided a reasonable opportunity to review such statement for accuracy. z Fees effective as of January 1, 2004 WE 291 07/2412007 Fee Lead Testifying /Consulting Expert (Dr. Rick Jacobs) $400- $500/hour Associate Testifying and Consulting Experts $340 - $350 /hour Senior Statistician /Data Manager $3001hour Managing Consultants $300 /hour Consultants and Senior Consultants $200- $300 /hour Associate Statistician $250 /hour Associate Consultants $150 - $200 /hour interns $5041001hour Clerical and Paralegal $25 -$75 /hour Computer and other fees A computer fee of $25 per month will be included each month any of EB Jacobs's PCs are used for client work. When mainframe computing is required, connect time to the mainframe computer is billed at $1 per minute and mainframe computing (i.e., CPU processing time) is billed at $6 per minute. Additional fees will be charged for mainframe disk storage and printing from the mainframe. LEXIS connect time is billed at $50 per hour; LEXIS searches are billed at $125 per search; and LEXIS downloading/printing is billed at $5 per document. A notary fee of $10 will be charged for each notarized document required for project activities. Deposition fees /cancellations EB Jacobs will schedule depositions and court appearances as dates are available and will hold these dates once confirmed. The client will be charged a flat fee of $2,000 for canceled depositions and/or court appearances if the cancellation occurs within 72 hours of the scheduled deposition or appearance and the cancellation was initiated by a party other than EB.Jacobs. EB Jacobs's client will be responsible for any deposition fees which deposing counsel declines to pay in a timely manner (defined as no more than 90 days subsequent to the scheduled deposition). 2 Work Beyond, Prolpet Scope Any activity proposed during the course of the contract, that a) falls outside the scope of activities covered under the existing contract, and requires any substantial use of consultant resources, and b) does NOT involve litigation related activities, will be billed at a fixed price or hourly rate established through the mutual consent of the consultant and client, and the existing contract will be amended, in writing, or a new contract will be entered. Whenever possible, activities subject to this requirement will be identified by EB Jacobs and approved by the client, in writing, prior to performing any such activity. 3. General Terms If there are any questions about bills or requests for additional information, these questions or requests should be forwarded in a timely manner. We will assume that if no questions or requests have been made within 15 days of receiving an invoice, that the charges have been accepted as stated on the invoice. Note: The "EB Jacobs Engagement Agreement For Litigation Support and Work Beyond Project Scope" in effect at the time the additional work is requested will be used to determine rates and policies. Dr. Rick Jacobs would provide any expert testimony that might be required to defend the examination components and procedures. Total Cost does not include the cost of monitors, which will be billed separately, at rates to be agreed upon. Total Cost does include responding to reasonable requests for information during the term of the contract. 20 f CITY OF BUFFALO FIRE DEPARTMENT COST ESTIMATE FOR BUFFALO FIREFIGHTER FINAL PANEL REVIEW Below please find a cost proposal for the City of Buffalo Fire Department entry -level Firefighter Final Panel Interview process. Activity Description Cost 3 Activity 1: Development, Training and Administration ■ Development of the entry-level Firefighter structured oral interview. ■ Production of a master version of all interview documents including candidate preparation materials. $11,000 • Provision of rater training presentation and scoring of final panel interview. plus expenses ■ Oversight of the first administration day. ■ Travel - related costs. Mr. Fontana moved: That the above communication from the Civil Service Division dated September 19, 2008, be received and filed; and That the Commissioner of Human Resources be, and she hereby is authorized on behalf of the City to enter into an Addendum to the Agreement with EB Jacobs, LLC for the Entry -Level Firefighter Final Interview process for Firefighter candidates. Passed. 36 TAB:rmv t:1wp60bn swordlnnv136c9- 30a.doe a VI�cL• s s 1 ' W FROM THE BUFFALO SEWER AUTHORITY Sept 30, 2008 i Ai.wsiNls 1AA r1v1:: OFFICES 103(3 iii "1) ' thl I. 65 NIA( #AKA SQIiAP,E 43k Train, NY 14202= 3378 ]'ilami: (7 16) 851 -4004 FAN: (716) 856 -5810 W S I F 1,a I)WA rn14:.; IT P1.AN 1 Fool or wlsl 1:11my 90 WI..sr Fr1kl v SI lo. ;I I BIAJAl_u, NY 1 -179 Pr3o�ur:: (7 16) 883 -1820 August 22, 2008 Mr. Gerald Chwalinski City Clerk Clerk's Office 1308 City 1lall Buffalo, NY 14202 Dear City Clerk: A � q '� Nn� S I Enclosed is the Bu ffalo Sewer .Authority's 2006 -2007 Annual Report for the fiscal year ended June 30, 2007. If you would like to update your information, or he removed lroni this mailing list, please e- mail: criley�cr)sa.ci.buff��lo.l�y.us Thank you. Sincerely, BUFFA1.,0 SI WI_R AU`l'HORITY David '. Comerford General Manager DPC:cr Enclosure j SEWER AUTH®RITY RECE AND 01- ED it FROM THE CITY CLERK Sept 30, 2008 o x '111" City of Buffalo Board of Ethics Meeting September 23, 2008 Members: Douglas Coppola James Magavern Gerald Chwalinski Richard Sullivan Alisa A. Lukasiewicz Eleanor Paterson Cavette Chambers Agenda: New Business: 1) Roll Call 2) Approval of Minutes from May 6, 2008 3) Status of FOIL Request which was submitted to the Law Department regarding obtaining copies of Disclosure Reports submitted by all City Employees. Was there any further activity regarding this matter? 4) Filling the vacancy left by Sylvester Harold on the Board of Ethics Old Business: 1) City /State Code of Ethics (James Magavern) 2) Code of Ethics Handbook Project (Mr. Sullivan) ti . AND HLED �l City of Buffalo Board of Ethics Meeting Minutes May G, 2008 Members in Attendance: Douglas Coppola, James Magavern, Gerald Chwalinski, Richard Sullivan, Eleanor Paterson, Cavette Chambers 1. Roll Call 2. Approval of Minutes from the April 1, 2008 Board of Ethics Meetings 3. Updates regarding Disclosure Statements were provided --100% compliance reported on behalf of all City Employees as well as any and all Board Members affiliated with the City of Buffalo Boards and Committees. 4. Ms. Chambers updated the Committee on the FOIL request which was submitted to the Law Department by individual requesting copies of all City of Buffalo employee Disclosures statements. This request was addressed by the Law Department via mail; however, this individual has failed to respond. Aside from a P.O. Box, no additional contact information was provided in the FOIL request. 5. Mr. Coppola commented on the process for filling the vacancy left by Sylvester Harold. It was suggested that Ms. Castro contact George Zimmerman, an attorney with the firm of Schopp/Plescow (842- 1225), located in the Brisbane Building to request a recommendation for the vacancy. Old Business: 1. The committee discussed the City/ State Code of Ethics. A meeting is to be scheduled for this summer at Mr. Magavern's office. 2. Mr. Sullivan will arrange a meeting in the Fall for purposes of drafting the Code of Ethics Handbook. With 100% compliance and no further business for the Disclosure process, we will tentatively schedule our next Board of Ethics meeting for September 23, 2008 at 9:00 am. Should anything be filed or matters arise beforehand, a meeting will immediately be scheduled. Adjourned. I ' 0 4 o #4 (Rev 7 -07) Certificate of Appointment 0 In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinaoces of the City of Buffalo, 1 transmit this certification of appointwent(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Ifurnar€ Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of 0912412008 Common Council City Clerk Senior Council Clerk Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ 52,138 LAST JOB TITLE Senior Council Clerk NAME Laura Rucinski LAST DEPARTMENT Common Council DATE 09/24108 ADDRESS 115 Dempster LAST SALARY 52,138 CITY & ZIP Buffalo, NY 14206 LAST 4 DIGITS OF SSN. XXX -XX-9471 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 10220001 TITLE CODE NO 0051 BUDGET ACCT. OBJ. PROD. ID PERSONNEL REQ. NO 4804 SALARY RANGE OF POSITION 45,207- 52,138 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: change from provisional to permananet. NAME OF APPOINTING AUTHORITY: Gerald A Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: 09124/ SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK ONIBEPORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER 94- HUMAN SERVICES /CIVIL SERVICE 95- BUDGET i #B- DEPARTMENT #7- DIVISION #8- �MPLOYIwE(S1 94 (Rev 7 -07) Certificate of Appointment In compliance tviih provisions of See €iou 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, T transmit this certification of appoiutment(s) or promotion(s). 1 ftirther certify that the person(s) named in Schedule "A" have been certified or approved by the l luman resources /C'iv'il Service for the Appointment Effective: in the Department of Division of to the Position of 09/24/2008 Common Council City Clerk Senior Council Clerk Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, (Insert one) PROMOTIONAL Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) INTERMEDIATE (Enter Starting Salary) : Starting Salary of $ 50,378 LAST JOB TITLE Senior Council Clerk NAME Christine Lehner LAST DEPARTMENT Common Council DATE 09/24/08 ADDRESS 159 Villa LAST SALARY 50,378 CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -9180 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 10220001 TITLE CODE NO 0051 BUDGET ACCT. OBJ. PROJ. ID PERSONNEL REQ. NO 4803 SALARY RANGE OF POSITION 45,207 - 52,138 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: change from provisional to permananet. NAME OF APPOINTING AUTHORITY: Gerald A Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: 09/24/2008 SIGNATURE OF APPOINTING AUTHORIT 00 1yzLia &.1, ORIGINAL + 2 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7-- DIVISION #8- EMPLOYEEfS J- No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name J 601 Main Street SRAC Casual Dining, LLC SRAC Casual Dining, LLC RECEIVED AND FILED t = Sept 30, 2008 SKENF LAW FIRM, P.C. 200 Perrine Road, Suite 204 c Old Bridge, New Jersey 08857 Tel.: (732) 727 -5030 - Fax: (732) 727 -5028 Robert D. Skene, Esq. www.skenelawfino.com A New Jersey NY and NJ Bar Professional Admissions Corporation Christine G. Jennings, Esq. MA Bar Admission July 1, 2008 VIA CERTIFIED MAIL RETURN RECEIPT REVUESTED City of Buffalo 324 City Hall Buffalo, NY 14202 Re: SRAC Casual Dining. LLC. 601 Main Street Buffalo, NY 14203 Dear Sir or Madam: Please, be advised that we represent the above referenced limited Iiability company in its alcoholic beverage regulatory matters. Be further advised that our client intends to apply for a transfer of a Hotel Liquor license with the New York State Liquor Authority for the above referenced location. Please address any questions or concerns you may have regarding this application to the undersigned. Very truly yours, SKI ,AW FIRM, P.C. S ie L. Ortega Leah] Assistant r> 0 No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed- Mayor/Mayor Executive- Comptroller- Common Council- x Assessment and Taxation- Judith McCabe x Public Works, Streets & Parks- Anthony Disarno x Police- Deborah Daniel 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. Af Iv { Sept 34, 2008 i - L SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: [: September 18, 2008 FROM: DEPARTMENT: SUBJECT: [: Assessment and Taxation [: Judith McCabe [: Unpaid Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) [ Ex. (Item No. xxx, C.C.P. xxlxxtxx) Upon the employee's written request, with supporting medical documentation, I have granted Judith McCabe, Assistant to the Assessor in the Department of Assessment and Taxation a six (6) month unpaid medical leave of absence until December 26, 2008, SIGNATURE DEPARTMENT HEAD NAME DEPARTMENT HEAD TITLE A C , , - t, �� � Martin E. Kennedy Commissioner, Assessment & Taxation #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL` TO: THE COMMON COUNCIL DA'Z'E: September 22, 2008 FROM: DI;PARTMENT: Public Works, Parks and Streets DIVISION: Commissioner's Office SUBJECT: (: Leave of Absence Anthony Disarno PRIOR COUNCIL REFERENCF: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) Please be advised that Mr. Anthony Disarno, 103 Narragansett Road, Buffalo (20), has requested, and that in accordance with ARTICLE X11, LEAVES OF ABSENCE WITHOUT PAY, SECTION 12.5, EMPLOYMENT OPPORTUNITIES, of the Collective Bargaining Agreement between Local 264 AFSCME and the City of Buffalo, I have approved an Employment Leave of Absence for the duration of probation period of 18 months from date of appointment as a Buffalo Police Officer. Mr. Disarno entered the Buffalo Police Academy on August 1, 2008, and will be on a leave from his permanent Civil Service Title of�Traffic Signal Specialist with the Division of Engineering effective that date. TYPE DIPAR'I'MENT MEAD NAME: SIGNATURE OF DEPARTMENT HEAD: SJS /camlcrng Cc: Peter J. Merto, Lori Hunt Olivia Licata SINGLE PAGE ('OMMtJNICA'I'ION'1'0'1'1-11.�'I COMMON COUNCIL TO: THE COMMON COUNCIL DATE: August 27, 2008 FROM: DEPARTMENT: POLICE DIVISION, SUBJECT: Leave of Absence PRIOR. COUNCIL REFERENCE: (IF ANY) 1: Item No. Ex. (Itern No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) PO Deborah Daniel assigned to the B-District has been granted a personal leave of absence without pay for the period of 19 days commencing August 18, 2008 through September 5, 2008. I IMG/tl0 TYPE, 1.)E[ N'I'Ilf NAME: 11. McCarthy Gipson TYPE TITLF: Commissioner of Police ' SIGNATURE OF DEPARTMENTnt. AD: 08-18-'08 14.39 FROM- TYPE OF L-J AV IE EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ MEDICAL FAMILY MEoidAL ❑ MILITARY PERSONAL THE FAANLY MIW" LEAVE IS A IZ W F EK LEAVE FW: CARE OF CHW. &I'EiUM PARENT OR OW MEDICAL. MEALYN CONOITIONI (ADDITIONAL FORM REOWP") THE TAMING OWN ANY LEAVE OF ASSEW9 WILL RESULT IN THE LASS OF THE PEMM ATTENOMCE PMEFR (PBA M aWEM ONL" • SVJM &IMMERS REAUES1*6 A LEAVE OF ABSEMCE W EXCEW QP THIRTV 00 DAYS OR A CCNBEC MM ACCUMUlATIOIN OF eXTENiISIONS W EX=8 OF THIRTY (4% DAYS' MUST SLW*A ER TINA DIEPNt 44PTAL WEAPON, RADIO. CAP SPRAV. NWOE. WREATH. A in CARD PRIOR TIC THE START OF THEW LEAVE. FAILURE To Do So MLL RESULTIN THE REVMTI ON OF THE LE01VE OF ABSENCE AND THE CARRYING of THE NEWER AS RFJNG A WOL BEGINNING MATE: DENIED I { A *R0NEU r oENIED I T -488 P002/002 F -196 IRM EMPLOYEE SIONATUR19 � - CC: . ORIGINAL- A' iDMINIStWION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL. SERVICE COMMISSION f nlul"ANJI lmr. oFrlrCR PAVRflLL ** tAST FOUR Of WRI'T'S ONLY" v Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium X Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Home Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED. I Sept 30, 2008 III SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL `1'O: THE COMMON COUNCIL: DATl -; September 11, 2008 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT [: BOARD ATTENDANCE ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on September 10, 2008, in Room 1038 City Hail: Herbert L. Bellamy, Jr., Chairman Christopher Roosevelt, Assistant Vice Chairman Eleanor C. Wilson- DiVincenzo, Secretary John E. Kennedy, Jr., Assistant Secretary Absent: John D. Kennedy, Sr., Vice Chairman DEPARTMENT HEAD NAME DAVID P. COMERFORD f� TITLE GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD: � �� i No, Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. i 1 Sept 30, 2008 #4 (Rev 7 -07) Certificate of Appointment r� In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment :effective: in the Department of Division of to the Position of 0912912008 Common Council City Clerk Intern IX Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open - Competitive, Promotional, Non- Competitive, (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) PLAT (Enter Starting Salary) : Starting Salary of $ 11.00 LAST JOB TITLE Intern VI NAME Linda M Chwalinski LAST DEPARTMENT Common Council DATE 06/27/08 ADDRESS 15 Duluth LAST SALARY $10.00 CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -4473 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 1022001 TITLE CODE NO 1778 BUDGET ACCT, OBJ. PROJ, ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: 0912 1 008 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL f 2 COPIES TO: CITY CLERK ONIBEI ORE APPOINTMENT DATE OTHER COPIES TO: 93- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE 95- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) . 1, No. Notices of Appointments - Seasonal /Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Sept 30, 200$ # 3 (Rev 01/02) Certificate of Appointment ante ...a ; <_: o f Sectio n 2 of t r and C to 35 _ 1 ^f MO ; u";.�r v v In compliance .�.�w. N' - v v�.o:}vi };;y .max. .+c4. -.�v1; x - s. v;. .ac. �. O Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Department of Duman Resources /Civil Service for the Appointment Effective: September 22, 2008 in the Department of Public Works, Parks & Streets Division of Water to the Position of Water Service Worker (Permanent, Provisional, Temporary, Seasonal - (Insert One) Seasonal (Appointment, Promotion, Non - Competitive) - (Insert One) . Appointment (Minimum, Intermediate, Maximum, Flat) - (Insert fine) : at the: Flat Schedule "A" (Enter Starting Salary) : Starting Salary of $11.11 LAST JOB TITLE: Name - - -[: Joseph Szcxepanski LAST DEPT.; DATE: / / Address - - -[: 210 Grote Street LAST SALARY: $ City & Zip - - -[: Buffalo, New York 14207 Last 4 digits of S.S.N.: XXX --XX- 291 LAST JOB TITLE: Name - - -[: LAST DEPT.: DATE: Address - - -[: LAST SALARY: $ City & zip ---[: Last 4 digits of S.S.N. :XXX -XX- ------------------------------------------------------ LAST JOB TITLE: Name ---[: LAST DEPT.: DATE. Address - - -[: LAST SALARY: $ City & Zip - - -[: Last 4 digits of S.S.N.: XXX - XX - LAST JOB TITLE: Name - - -[: LAST DEPT.: DATE: Address - - -[: LAST SALARY: $ City & Zip - - -[: Last 4 digits of S.S.N.: XXX-XX- ------------------------------------------------------ _ REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE.:- 53003511 BUDGET ACCT. OBJ..:- 411001 Proj ID SALARY RANGE OF POSITION $11.11 - $ REASON FOR APPT. ABOVE THE MINIMUM: TITLE CODE NO.: 470J PERSONNEL, REQ. NO.: 2007 -149 PER: YEAR DAY HOUR X TYPE NAME OF APPOINTING AUTHORITY Stephen J. Stepniak ..' TYPE TITLE OF APPT. AUTH. Commissioner DATE 8 08 _ 2 SIGNATURE OF APPOINTING AUTHORITY ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APPOI MI NT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN RESOURCES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev ; -oz) itx't- Certificate of Appointment In compliance with provisions of Sec ?ion 24 -2 of the Charier and Chapter 35 -1 of the Ordinames of the City of Buffalo, 1 transmit this certifiention of appointments) or promotion(s), 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: c, in the Department of Public Works Division of Streets to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal (insert one) Appointment, Promotion, Non- Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) SEASONAL APPOINTMENT FLAT Enter Starting Salary) : Starting Salary of $11.11 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Justin Sumbrum DATE ADDRESS 22 O'Connell Avenue CITY & ZIP Buffalo, NY 14204 LAST 4 DIGITS OF SSN. XXX -XX -7707 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2008 -007 SALARY RANGE OF POSITION $11.11 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 91 -ID08 s, SIGNATURE OF APPOINTING OTHER COPIES TO: 45- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) Certificate of Appointment /J In compliance with provisions of Section 24 - of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved bythe Human Resources /Civil Service for the Appointment Effective: 0 iy in the Department of Public Works Division of Engineering to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non - Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) (Enter Starting Salary) : Starting Salary of: $11.11 SEASONAL APPOINTMENT FLAT LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME James Linkowski, Jr. DATE ADDRESS 189 West Woodside Avenue CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. X XX -XX -6629 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGIT OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13113001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ, ID PERSONNEL REQ. NO 2008 -013 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: Steven J. Ste niak Commissioner DATE: 9112/08 } SIGNATURE OF APPOINTING AUTHORITY: t ~� 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- EMPLOYEE(S) L� �i No. Appointments - Temporary, Provisional or Permanent 1 transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. l Sept 30, 2008 #3 (Rev 1 -02) ra c} %i Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 3 transmit this certification of appointment(s) or promotiou(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the lininan Resources /Civil Service for the Appointment Effective: 9119108 in the Department of Administration, Finance and Urban Affairs Division of Treasury and Collections to the Position of Teller Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Fiat (Insert one) FIRST STEP jEnter Starting Salary) : Starting Salary of $31,391.76 LAST JOB TITLE SEASONAL CLERK NAME HANNAH SHAW LAST DEPARTMENT PUBLIC WORKS DATE 07/02/07 ADDRESS 31 MARINE DR APT 10A LAST SALARY 23197.68 CITY & ZIP BUFFALO 14202 CAST 4 DIGITS OF SSN, XXX -XX -0928 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 116560001 TITLE CODE NO 0600 BUDGET ACCT. OBJ. 4.11001 PROJ. ID PERSONNEL REQ. NO 2008 -38 SALARY RANGE OF POSITION 31391.00 - 35109.00 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: per Union Contract must be 250.00 greater than previous salary NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY:.: DATE: SIGNATURE OF APPOINTING AUTHORITY: MICHAEL A. 9118108 LL 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) 43 (.Rev 1 -02) Certificate of Appointment d In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s), I further certify that the persott(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 9/19/08 in the Department of Division of Administration, Finance, Policy and Urban Affairs Treasury to the Position of Treasury Administrator Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non- Qompetitive (Insert one) PROMOTION Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (Enter Starting Salary) : Starting of $42,282.00 LAST JOB TITLE Assistant Collection Officer NAME Mary Lou Helminiak LAST DEPARTMENT Adm, Fin & Urbn Aff DATE 10 -11 -07 ADDRESS 10 Rebecca Park LAST SALARY 39,741.00 CITY & ZIP 14207 LAST 4 DIGITS OF SSN. XXX -XX -7090 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 115560001 TITLE CODE NO 1390 BUDGET ACCT, OBJ, 411001 PROD. ID PERSONNEL REQ. NO 2008 -36 SALARY RANGE OF POSITION 42282.00 - 48643.00 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Michael A. Sea n TITLE OF APPOINTING_ AUTHORITY: Director of re Bury a rfd Collections DATE: 9/"19/0 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL. + 3 COPIES CITY CL RK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #1()- EMPLOYEE(S? 1/3 (Rev 1 -02) 0 Certificate of Appointment In compliance with provisions of Scction 24 -2 or the Charter and Chapter 35 -I of the Ordiwmces of the City of Buffalo, I transmit this certification of appointment(s) of promotion(s). I further certify that the person(s) wilmi in Schedule "A" have heen certified or approved by the I luman Resources /Civil Service for the Appointment' Effective: �� ` � 15, 2008 it) the Department of Division of Law to the Position of Assistant Paralegal Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL. Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Fiat (Insert one) MINIMUM �Euter Starting Salary) : Starting Salary of $34,471.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME Catherine Miller ADDRESS 373 Eden Street CITY & ZIP Buffalo, New York 14220 LAST 4 DIGITS OF SSN. XXX -XX -3381 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP LA 4 DI OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10546001 TITLE CODE NO BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -28 SALARY RANGE OF POSITION 34,471 to 40,022 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 A. Lukasiewicz Corporation Counsel September 15, 2008 OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) N' (Rev 1-02) '( Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointmen €(s) or promotion(s). I further certity that the person(s) named in Schedule "A" have been certified Or approved by the Human Resources /Civil Service for the Appointment Effective: 9,11 T pi} in the Department of Public Works Division of Engineering to the Position of Engineer Inspector Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM Enter Starting Salary) : Starting Salary of: $39,826 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Phillip M. Pecoraro DATE ADDRESS 104 Santin Drive CITY & ZIP Cheektowaga, NY 14225 LAST 4 DIGITS OF SSN. XXX -XX - LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13191001 TITLE CODE NO 3100 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO :2007 -239 SALARY RANGE OF POSITION $39,826- $45,716 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: Steven J. Stepniak Commissioner DATE: 9f8 4}8 SIGNATURE OF APPOINTING AUTHORITY:; ORIGINAL + 3 COPIES TO: CITY CLERIC (ON /BEFORE APPOINTMENT.DATEI OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) lam` NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS Sept 30, 2008 O912412003 14.44 OLMSTED CONU C �� <.�' Q. X16 b�il J bUuFAL0 OLMSTED PARKS CONSGRVAM:Y r£'ur14•r1iJ7g jar;•; C pe'l,lc For Immediate Release: Septern For More Infonrnation: Katie lR BUFFALO 24, 2008 pino, development & marketing coordinator 716 -838 -1249 ext. 30 PARKS CONSERVANCY APPOINTS NEW PERATIQNS DIRECTOR Experienced historic preser6ationist with a capacity for community development will direct park operations staff t the area's leading parks management organization The Buffalo Olmsted Parks Conservancy recently appointed John Bry to the position of operations director, A native of Auburn, Indiana, Bry joined the Conservancy in early September. Mr. Rry is the founder of th ' olden Company, a company that specializes in working with historic cemeteries. Additionally, he wa eastern program coordinator of Pennsylvan!& Downtown Center in Harrisburg, Pennsylvania. I Working largely with downtown executive director of The Main. Stn Indiana (Mein Street Columbus) Street Flora), He is also on retai implementation of the first coin lawiched by the Commonwealth o nd neighborhood revitalization efforts around the nation, Dry served. m ,t Program in Champaign County, Ohio (Main Street Urbankt), Columbus, A in Flora, Illinois (Flora Community Development Corporation / Main or to the largesf branding firm in the US., and was involved in the elicnsive neighborhood revitalization program in the nation that was Pennsylvania in 2045 on Fire Street. John Bry received a BS. in Historic Preservation with an emphasis on Community Development, at Southeast Missouri State Uniiverai and held an internship with the Indiana Department of Commerce and then Governor Evan Bayh. He is al 5o a graduate of the Institute of Heritage Tourism for Illinois, and helped create two Heritage Too lsm re 'ons: One in Illinois and the other in Ohio. Bry bas been active in Preservation issues and "battles" in the Midwest in conjunction with the National Trust; for Historic Preservation. Joy Testa Cinquiino was recently ap ointed to director of institutional advancemera. She served as tine marketing and PR manager . of the onservancy for 6 years prior to her new position. Olga Gonzalez Nichols joined the qonseruanq as development manager. She was most recently the advancement services manager at oughton College in Houghton, NY, Katie Rampino was promoted to Ch position of development & ,marketing coordinates. She joiner[ the Conservancy in June 2007 as them rketicng assistant. 2048 marks the thirty-year arunive nary of tlne Opted Parks Conservancy, a not-for-profit, membership - based, community orgartizabon, w th the mission to broaden awareness of, appreciation for, and investment in the Buffalo Olnnnsted Park Syster i in order to enhance, restore and maintain this historic culwfal treasure for the benefit of current and futt are generationa. Listed on the National Register of Historic Places, the Olmsted system in Buffalo is the st of its kind in the nation designM by Am erica's greatest 1 ;`undscape architect, Frederick Lanny Olmsted. J � RECEIVED AND MED I'arkwidi: Lud M4 1 Ammo T3ufFdo, N,`1WN4 p 71(0K.W - 1240 1'(716)8,1a -1300 «�t liiE�rcdl .3 }'1:,si n 09/19/2008 14:11 OL.h18T8D CONV For Immediate Release; Friday, For More Information: Katie Pi NO, 293 DO1 W 4 4 w / A C, N14JAa V V I' PALO OLMSTED PARKS CON t jlcl!'1:s t� ;�rE!j�lc ber 19, 2008 , development & marketing coordinator, (716) $38 -1249 ext. 30 OLMSTED HISTORIAN AND SCHOLAR TO MAKE PRESENTATION Dr. Ch &.s E. Beveridge comes to Buffalo on Nov. 12 The Buffalo Olmsted Parks Com ervancy presents Charles E. Beveridge, noted. Olmsted ge -holar and prolific author, on Wednesday, 34oveniber 12 from 11.45 a - - 1 :15 p.m, at the Marcy Casino in Delaware Park. Dr. Beveridge loill speak on the impact and historical significance of our beloved /Amsted parks in Buffalo_ "We are honored to have Ch�rles Beveridge in Buffalo to share his extensive knowledge of the renowned landscape ,uchiwct t at created such a cultural gern in Our city and irr cities through out the nation," said Thomas Herrera Aishler, president and CT'O Of tare Buffalo Olmsted Parks Conservancy. "Frederick Law Olmsted left be ' d an exciting legacy and there is no one better than her. &veridge to present it to us." Charles Beveridge is Seiles Edi�or of The Papers of Frederick Lazo 01;"sted, the historical editing project sponsored by the National Ass Iciation for Olmsted Parks, that is preparing a twelve- volume editiorl of Olmsted's writings and lands c pe plans. Eight volumes of the series have been published thus far by Johns Hopkins 1L.7stiversity Dress An American social and urban lustorian, Dr. Beveridge received an AB (magna cum laude) from Hare rd College and an MA and PhD from the University of Wisconsin- He. is a founding member and men iber of the Leadership Council of the National Association for Olmsted Parks. Dr. Beveridge is also the auth r, in collaboration with photographer Paul Rocheleau, of the award - winx - rAg book Frederick bw Imsfed. Designing the Anrerican Landscarpe. )ale has received numerous awards for his work includirt the 01nisted award of Historic Massachusetts, the Garden Club of America's medal for historic p eservation, the Ohrrrsted medal of the American Society of Landscape Architects, and honorary I nern er ship in the ASLA. Ticketing details Tickets ar $ 35 for Conservancy m emb ers and $40 fo no - me mbers. Sp onsor a table of 8 for $350. Prices include lur chand presentation. Please call (716) 838 -1249 ext. 31 by November 5 to purchase tickets. TI- Guest Speaker Luncheon is supported by M &T bank and WBFO 88.7 2oo8 marks the thirty -year annivergary of the Olmsted Parks Conservancy, a nDt-for- profit, mernbersWp based; community organization, with the mission to broaden awareness of, appreciation for, and investment in the Buf o 01msted Parr aystern in order to enhance, restore and maintain this historic cultural treasure for f te benefit of current and fulture ge>erations. A national treasure, the Olmsted System is the .first of i , - i kind in the nation designed by Am erica's greatest landscape architect Frederick Law Olmsted. Listec on the National Register of historic Places, 1luffalo's Olmsted Parks are frequented by rnillio"iss aulnuall 1. ; # ## P:1rl 6iG1c LC C _ h� I ark5idc Avui1uC 111ifi110, 'Y 14214 p(710) 8.19 -124 1 (716) 935 E L4'-4 0 1AW )IFP LED `E A , New York State Department of Environmental Conservation M ' :_ of t _� o r_ _ a_ cIh ri_ 625 Broadway, Albany, New York 92233 -4250 s Phone: 598 402 -9405 FAX: (518 }402 -9028 J /�ql �q �� {° Website: www.dec.ny.gov q p 3 Alexander 0. Grannis ��V�.'i.r Commissioner September �, 2008 Dear Applicant /hitcrested Party: On behalf of Governor Paterson and Commissioner Grannis, 1. am pleased to announce the availability of funds for projects to eradicate terrestrial invasive species frorn the ecosystems of York State_ A total appropriation of up to $1,000,000 has been inade available to New York State Department of Environmental Conservation in State Fiscal Year (SFY) 2008 for eradication grants through the State Environmental Protection Fund (EI-I ). No individual grant will be awarded fbr less than the Minimum amount of $2,500 or exceed the inaximurn amount of $100,000. New York State may reimburse tip to one -half of an approved project's total cost. Acceptable projects are proposals to destroy and /or permanently remove invasive plants or animals .fi lands, water bodies or wetlands in New York State. Projects that remove only a portion of the total population of a target species are eligible for consideration. I lowever, projects that do not have as their main objective the significant or long -term removal of a target species would not be eligible for funding assistance. Please use the enclosed "Terrestrial Invasive Species Eradication Grant Program Applications and Instructions" to apply for funding assistance for these projects. The Applications and Instructions document can also be viewed and downloaded from the NYSDEC website at httpa/ www.tlec.ny. aQv - /� ni�nal sI33358_htnrl . Copies can also he requested by mail, e -mail or telephone. For further information or to request an application for terrestrial grants, contact: Doug Schmid NYSDEC, Division of Lands and Forests 625 Broadway Albany, New York 12233 -4253 (518) 402 -9425 c , w.d ec.statc ny.us EGE111 ' AND FILED t! `t 2. The Aquatic Invasive Species Eradication Grant Program will be announced later this year. Applications for Terrestrial Invasive Species Eradication Grants must be postmarked - no later than Friday, October 31, 2008. Please note that no hand- delivered or facsimile (FAX) applications will be accepted. We look forward. to working with you to protect, preserve, and restore our environment through these funding programs. Sincerely, �t Robert Davies, Director Division of Lands and Forests Enclosure �A /,1 Arl f 11ir 11 vil 1 City of Buffalo BRIAN C. DAVIS Et..Lico'rr DISTRICT COUNCIL MENIBE'R 65 NIAGARA SQUARE'', ROOM 1408 BUFFALO, NY 14202 -3322 N IONF: 851-4980 • FAX: 851 -6576 E -mail: bdavis((+city- buffalo.com Web: It ttp: / /briancda.vis.blogspot.com September 25, 2008 Gerald Chwalinski, City Clerk 1302 City ]Hall Buffalo, New York 14202 Dear Mr. Chwalinski: COMMITTEES CIVIL SI RVICE FINANCE; LEGISLATION BUFFALO PLACE, BUFFALO ECONomic RENAISSANCE CORPORATION Re: Waiving Fees for Demolition at 431 Busti Avenue Please file the attached item for further discussion at the next Common Council session to be held `l September 30, 2008. Thank. you in advance; for your assistance with this hatter. Sincerely, L. Brian C. Davis Ellicott District Councihnember REFERRED T M MI TEE _ / - ON H. �3 "Communication is the key for a better tomorrow" CITY OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES Byron W. Brown, Mayor ,tames Comerford, Deputy Commissioner September 24, 2008 Councilman Brian Davis Buffalo City Hall Room 1408 Buffalo, New York 14203 Re: 431 Busti Dear Councilman Davis, Per our previous discussion regarding the emergency demolition of 431 Busti Avenue, please be advised that I recommend that the cost of the demolition to the owner be waived by your honorable body. Before the fire took place:, I had been working with the owner to get some 'financial assistance for her home repairs because she was in Dousing court and had no apparent means to pay for them. We explored a number of fiscal assistance programs, to no avail. If you have any questions, please call me at 551 -4972. Sincerely, James Comerford Jr. Deputy Commissioner OFFICE OF THE DEPUTY COMMISSIONER 65 Niagara Square, Room 324 City Hall + Buffalo, New York 14202 -3303 Phone: (716) 851 -4972 + Fax: (716) 851 -4942 + icomerford@city- buffalo.com "Aftr _ V-LIOMMOU ,l Idly r Y 0unrit City of Buffalo BRIAN C. DAVIS FLLICOTI' DN'T tIc'r COUNCIL MHMIWIZ 65 NIAGARA SQUARE, ROOM 1408 BUFFALO, NY 14202 -3322 PHONE: 851-4980 e FAx:851 -6576 E -mail: bdavis@city- buffalo_com Web: littp : / /briancdavis.blogspot.coIII September 25, 2008 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 Dear Mr. Chwalinski: CQ1 4MITTgL's CIV11, SERVICI FINANCE LEGISLATION BUFFALO PLACE BUFFALO ECONOMIC RENAISSANCE CORPORATION Re: Intersection of Edward Street and Elmwood Street to be changed to two way traffic Please file the attached item for further discussion at the next Common Council session to be held Tuesday, September 30, 2008. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Councilmember REFERRED TO THE COMMITTEE ON LEGISLATION AND Depattment of Pu J :'Lcrks i' "Communication is the key for a better tomorrow" ` September 24, 2008 Honorable Steven Stepniak Commissioner of Public Works, Parks and Streets Buffalo City Hall 65 Niagara Square — Room 502 Buffalo, New York 14202 Dear Commissioner Stepniak: I am the owner of the property at the intersection of Edward and Elmwood, consisting of the former Immaculate Conception Church, the rectory, and the school building now used by the Buffalo Board of Education. The short stretch of Edward Street between Virginia and Elmwood is currently restricted as a one -way thoroughfare heading west. There is a clear need to change this thoroughfare to allow two -way traffic so that Elmwood can be accessed from the property. Because the property is located directly at the intersection, drivers often exit the property traveling east on Edward for the short distance to Elmwood without realizing that they are going directly against permitted traffic flow. For safety's sake, as well as convenience to the invitees of the property, i would urge you to consider this revision, . Please inaugurate this request and present the same to any party whose approval may be required. Please let me know whatever I can do to assist in this effort. Your attention to this matter will be greatly appreciated. Very truly yours, Ron Alsheimer President PLAZA GROUP Cc: Council Member Brian C. Davis 1207 Delaware Avenue • Buffalo, New York 14209 • P, 716.874,4880 • F. 716.877.9570 New York State Department of Environmental Conservation iu,iii5iur, o' I cIniviic:,1 «1 ,- ce Ir 1-11:1 ItS, rvcyivii . - -- 270 Michigan Avenue, Buffalo, New York, 14203 -2915 Phone: (716) 851 -7165 - Fax: (716) 851 -7168 Website: www.dec.ny.gov Alexander B. Grannis Commissioner September 22, 2008 Mr. Larry Zamojski Hatch Associates Document Control 100 Sylvan Parkway Amherst, New York 14228 Dear Mr. Zamojski: PHASE I ENVIRONMENTAL SITE ASSESSMENT PHASE II INVESTIGATION KILLIAN TRUCKING — CATHERINE STREET CITY OF BUFFALO, ERIE COUNTY We are in receipt of the Phase I and Phase 11 done for the Killian Trucking site proposed for use of the ice boom. After a cursory review by this office, we offer the following comments: If adjustments are made to the elevation of the site (especially filling), the project sponsor will have to apply for a Flood Plan Development Permit from the City of Buffalo as the shoreline part of the site is within the 100 Year Flood Plain. Please contact the City for a permit application. 2. Please be aware that if there are to be any buildings either demolished /renovated, there is a possibility of asbestos being present. The protection of workers is regulated by the New York State Department of Labor (7161847 -7126) and Occupational Safety and Health Administration (OSHA) 7161684 -3891 and they should be contacted. In addition, the disposal of friable (readily crumbled and brittle) asbestos is regulated by this Department under 6 NYCRR Part 360- 2.17(p). For more information on the disposal of friable asbestos, please contact Mr. Mark Hans (7161851 -7220) at this Department. 3. The presence of elemental mercury and/or lead in buildings being renovated /demolished is also a concern to the Department. Mercury is found in many different common items such as fluorescent lights and electrical switches, while lead is mainly found in older paints (pre - 1980). For guidance on the proper handling and disposal of mercury and/or lead, please contact Mr. Thomas Corbett of this Department (716/851 -7220) or email the Department's Mercury Task Force (dshmwrr w.dec_state.n .us). 4. This site is located in an area where there has been a number of previous spills and chemical releases. While there are no environmental issues at this site, it would be beneficial to contact Mr. Dan King of this Department's Division of Environmental Remediation, Spills Unit, at 716/851 -7220 before proceeding with any future development of this property. Mr, tarry Zamojski September 22, 2008 Page 2 There are tanks on the property that are no longer in use. If there is a need to remove them, please contact Ms. Andrea Skalski in our Petroleum Bulk Storage (PBS) Unit at 7161851 -7220 for any assistance in this regard. Even though the proposed Catherine Street site is located unfavorably for the storage, maintenance and operational movements of the ice boom, the site will probably be acceptable from the standpoint of contamination. However, since the proposed site seems to be located in the middle of such a highly industrial and chemical infused business area, we agree that an Environmental Assessment may be a good idea. While the assessment may reveal nothing, it would be better to error on the side of caution. Should you have any questions, please contact this office at 7161851 -7165. Sincerely, Steven J. Doleski Regional Permit Administrator LEJ:vam cc: Mr. Daniel King, NYSDEC, Division of Solid. & Hazardous Waste Ms. Andrea Skalski, NYSDEC, Division of Environmental Remediation, PBS Unit New York State Power Authority City Clerk, City of Buffalo RECOVED AND FILED MARINE DRIVE RESIDENT COUNCIL 161 Marine Drive . Apartment 4B Buffalo, N.Y. 14202 David Franczyk, President Common Council 65 Niagara Square Buffalo, N.Y. 14202 September 24, 2008 By virtue of this letter we are requesting that the Marine Drive Resident Council be notified of any future Common Council and Waterfront Committee meetings that have the Marine Drive Apartments on their agendas. The Marine Drive Resident Council is the only recognized body that represents the residents of Marine Drive and, as such, we believe.that a member of our Resident Council should be present at any of the meetings that involve discussion of Marine Drive. It appears that only a few residents are notified of these meetings and unfortunately they do not represent anyone except themselves, The entire association of the Marine Drive residents is represented by the elected building representatives. I can be reached at (716) 847 -0009 if you have any questions regarding our request. My address is 161 Marine Drive, Apartment 413, Buffalo, N.Y. 14202 Thank you for your consideration in this matter, Elizabeth Harris President of the Marine Drive Resident Council cc: Michael Kearns, Waterfront Committee Chairman RECEIVED AND HLk #3 PJA4 X MICHAEL P. K ARNS PRESIDENT PRO T EMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIA[�ARA SQUARE, 1401 CITY H ALL BUFFALO, NY 14202 - :3318 Pfi0W (710) 851 -5169 0 FAX: (716) 1351 - 4294 (mail: III kf�,,ITnS(akily- 6uffA10.COIII September 23, 2008 Gerald Chwalinski, City Clerk 1308 City Hall Buffalo, NY 14202 RE: COB Community Center Lease ,Agreements Dear Mr. Chwalinski, CHAIRMAN FINANCE_ WATT RMO )N F Uf- VITOPMEN f COMMITTEES BIJU[_;Ei I3URA CIV11. SFRVICF CLAIMS R U I.I`S SENIOR LEGISLATIVE ASSISTANT MARTI WANN MURK 1Y Please file the attached document for the upcoming Common Council Session to be held on September 30, 2008. Thank you in advance for your assistance in this matter. Sincerely, Michael P. Kearns South District Council Member THE COMMJ� TTEE � _. rrll++ fig] F NANC E f 'For the People" CITY OF BUFFALO COMIM UNITY CEN'S'ER LEASE AEA RE EME:NTS Pursuant to paragraph 8 CRt1CIAL responsible for all utilities, user fees, and costs for pickup and removal of solid waste. Pursuant to paragraphs 8 & 9 Corporation responsible For all utilities and user fees. City was responsible to pay all utilities only for first 18 months of lease. Pursuant to paragraphs 7 & 8 City responsible for all utilities. Valley responsible for user fee and solid waste removal and pickup. Pursuant to paragraph 6 City and POE each responsible for a percentage of the utilities. Bills are availed to City who then seeks reimbursement - from FOP on a quarterly basis'. Pursuant to paragraphs 4 &: 5 Fruitbelt responsible for all utilities, user fees and costs for pickup and removal of solid waste. Pursuant to paragraphs 8 & 9 City responsible for 75% of utilities, including water and sewer and remaining 25% University Ilcights. l ieights responsible for user fees and Lolid xv,aste pickup. Pursuant to paragraph 8 ABLCY responsible for all utilities based upon its pro -rata square footage use of the premises, and includin, user Fees and the pickup and removal of solid waste. CO'b;<?4' UNIT'4 CENTER ADDRESS LEASE TERNI UTILITIES I CRUCIAL 3 i8 urban Street (aka 2W Moselle) VI/05 — 7131,'08 CRUCIAL pays all t €tilities 2 Delavan Mosclie Cornmunity Ctr, (Metro Community Dev. Corp.} 877 fast Delavan 9 /1/02 -- 8!31/05 Cenicr pays all utifitics Father Carmichael Community Center (Valley Comm, Assoc.) 87 Leddy Street I /1/03 -- 12%31!07 City pays all utilities 4 Friends to the Llderly Youth & Family Ctr. l I S Last Utica Street 4;1!03 — Si; I /08 City pays 60% - friends of the L;l1crly pays 40% 5 F'ruitbclt 14omcowners and Tenants Council, Inc. 3 -- 325 1 ligh Street 5!1102 -- 4/30/07 Fruitl,elt Homeowners pays all utilities` 6 - Gloria Parks Community Ct£. (University l-leights Comm, Dev,) 3242 Main Street - - - - -_ - 8/1/03 --- 7131108 - - City plys 75% of unlit {es and -t niversitY llcir'—dits 25�wa I i enm on Park Community Center ABLEY 24 Ludington Street X11 /04 — 4, 30; 07 ABLEY pays all utilities base(d, tEllOfl prf]4ata sq Llin`C fnotauc "' 8 .. King Urban Life Center (Sacred Sites Restoration Corp) 938 Genesee Street 6/14/8 - 6/30/2058 C,orporalion pays all utihttQ�s` 9 .Nlassachusetts Community Center (;Mass. Ave. Project a/k/a MAP) 27 Grant Street 1/1/06 — 1213 1/08 City hays all utilities 10 1 ionh Buffalo Community Center (N. Bufl'alo Development Corp) 1 79 Sanders Road (203 Sanders Fed.) 7i1iO4 — 6/3 0/08 City pays all utilities" 11 ]""orthWGSt Buffalo Cornmunity Center 155 Lawn Avenue 9/1!98 - 8131108 City pays all utilities I2 Nordmcst Buffalo Community Cutter and Muncitkimand Daycare 902 —904 Tonawanda Street 10/l/04 — 9'30107 N'AVBCC pays all utilities'' 13 Old I` \Vard Coi Association [nc. 70 Vincennes St.(aka 62 Republic) U1/03 — 12/31/07 1 Ward pays all Utilities 13 14 People Inc. (IN"cighborhood Information Center) 1168 — 1170 BroadEVay 6 /1I06- 5/3 0t1 People Inc pays all utilities" 15 Polonia Ia11 (Polish Community Critter) _. 379 Paderewski Street 51 %105 — 2'28/201(3 City pays utilities i #'Center for4vards wiirt 10 dttvs ofreccipt'` 16 Pratt Willert Community Center (CAO) 406 Pratt Street 411105 — 313 1!0$ City pays for all utilities I7 _. Scltitler Park Community Ctr. (Bailey Delevan Comnwnity Sn s.) _. . 2050 Genesee Street I /1/04 -- 12/31/06 Ciiy pays utilities. Center required to contribute $8k/year" 18 Seneca Babcock Community Ctr. (Seneca Babcock Comm. Assoc.) 116$ Seneca Street 1!1103 — 12/ Center pays all utilities 19 Shoshone Enrichment Program 1975 Hertel Avenue 12/29/99 — 12/29.'09 City pays all 11tilities 20 Wcstside Community Ctr. (Mass. Comm. Ctr. & Dev. Corp) 141 Vermont Street (161 Vermont) 4!14101 — 4! 13/04 City and WSCS each responsible f«r'/ of the wilitic•s`" Pursuant to paragraph 8 CRt1CIAL responsible for all utilities, user fees, and costs for pickup and removal of solid waste. Pursuant to paragraphs 8 & 9 Corporation responsible For all utilities and user fees. City was responsible to pay all utilities only for first 18 months of lease. Pursuant to paragraphs 7 & 8 City responsible for all utilities. Valley responsible for user fee and solid waste removal and pickup. Pursuant to paragraph 6 City and POE each responsible for a percentage of the utilities. Bills are availed to City who then seeks reimbursement - from FOP on a quarterly basis'. Pursuant to paragraphs 4 &: 5 Fruitbelt responsible for all utilities, user fees and costs for pickup and removal of solid waste. Pursuant to paragraphs 8 & 9 City responsible for 75% of utilities, including water and sewer and remaining 25% University Ilcights. l ieights responsible for user fees and Lolid xv,aste pickup. Pursuant to paragraph 8 ABLCY responsible for all utilities based upon its pro -rata square footage use of the premises, and includin, user Fees and the pickup and removal of solid waste. CITY OF BUFFALO COMMUNITY CENTER LEASE AGREEMENTS hur5Uailt to paragraph 4 the Corporation r0sponsIbjc for all utilit costs, watcT - , and sewer mitals. Pursuant to paraoraphs 7 L 8 City pays all Pitt }!ties. MAI' responsibly for paying user fees and costs roi the pic and removal of solid waste Pursuant to paragraph 3 City responsible for all utilities. NBCDC re=sponsible for telephone. Pursuant to paragraph 3 City responsible for all utilities including water and sewer charges. Pursuant to paragraph G';" BCC re- sponsible for all utilities, including water and sewer charges. ' Pursuant to paragraphs 8 & 9 0 Ward responsible for all utilities, water, user fees and costs for pickup and removal of solid waste. ' Pursuant to para� graph 4 People Inc is responsible fcr paying all utilities including water and server charges. Pursuant to paragraph S the City responsible utilities including water and ponsible fa, sewer only if Center forwards bills within 10 days of receipt to Audit. 16 Pursuant to paragraphs 9 & 10, City pays for all utilities. CAO responsible for paying riser fees and costs for the pickup and removal of solid waste. " PLaisuant to paragraph 4 City responsible for paying* all utilities, except telephone. C=enter required to contr €butt SR annually towards utilities. s Pursuant to paragraphs 8 & 9 Seneca Babcock responsible for all utilities, user fees and costs for pickup and removal of solid waste. Pursuant to paragraph ' City responsible for utilities during lours of operation: heat Nov. I -- April 30: and water and electric. '° Pursuant to parag=raphs 8 & 9 the WSCS responsible for paying "12 of total utilities inclndir water and scwer: City responsible for ren aiuill" 1.. AVSC5 responsible for arse, Solid writ:; pick. up and removal. C OO RECYCLING ENTERPRISES ! City Of Buffalo Common Council 1308 City 1lall Buffalo, New York 14202 &I'lir �� // September 17, 2008 Dear Couneilinember Kearns and Colleagues, Scott Jabel of Van Dyk :Baler Corporation and 1 would like to formally invite you to visit a Single Stream Recycling plant near Baltimore Maryland that uses the same technology as we are proposing in Bullalo. A visit to this plant will demonstrate the technology we intend to use and give you a direct experience on the absence of noise and odor concerns that have been raised by you and some of the neighboring residents. We are very confident that this visit will give you the information you need to make an informed decision on behalf of the citizens of Buffalo. The tour is scheduled. for Thursday morning September 25 €I ' and should last a couple of hours. The facility is 30 - minutes away from the Baltimore Washingotn DC at Scott and I would propose picking; up the team at 9:00am at their hotel. Please don't hesitate to contact me if you have any questions. Sincerely, John Hawthorne Buffalo Recycling lnterprises 586- 747 -2366 RE CHVED AND FIL 266 Hopkins Street - Buffalo, NY 14220 � 586- 747 -2366 ' THE L IIAI� AIiJ T U mnA U OF BUFFALO, INC. I )AVID C. S(NnPP I:ixeoutive Attomey September 12, 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 237 Maim Street - Suite 1602 Buffalo, New York 14203 -2778 Phone 716 - 853 -9555 Fax 716 - 853 -3219 Civti.LE "Al. SFRVICES UNIT WAR_ GRADAVLLVKC / (/ / I /r J)d /9►r/F /! � j¢,�� ///)J Scnii)r StaCCAttpmey st1.11 - St1fiRRAF' MIRwf }OWS MI(:ktAfJ" 1. PACfFICO 1JnDrN10i I �Zorx. - T_ Enclosed please find a copy of our Monthly Report and Monthly Activity Report for August 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. Vet my yours, i i / r Dorothy Adatips Investigator Housing; Unit Enclosures REIN AND FILED h 1.9i!ai'.'JIIV AFY�['.'.y THE LEGAL AID BUREAU OF BUFFALO, INC. HOUSING COMPONENT of the CIVIL LEGAL SERVICES UNIT MONTHi.,Y REPORT FOR AUGUST 2008 Cases on I land on August 1, 2005 255 New Cases Received 85 Closed Cases Reopened 0 340 Cases Closed 64 Cases on [land on August 31, 2008 276 Court Appearances: 135 Sherree Meadows, Esq. 125 David Chadwick, Esq. 10 "Dotal Cases Received Since January 1, 2008 334 Total Cases Closed Since January 1, 2008 297 DAVID C. SCHOPP EXECUTIVE ATTORNEY The Legal Aid Bureau of Buffalo, laic. Housing Component of the Civil Legal Services Unit August 2008 Report Page 2 SOURCE OF CASES Former Client 13 Ref By Former Client 0 Lawyer 0 Agencies I Publicity 0 City 07 County 0 State 0 Federal 0 Other 4 85 CLASSIFICATION OF CASES Contracts 0 Evictions (Property Condition At Issue) 1 I Evictions (Property Condition Not At Issue) 25 I.victions (Discrimination) 0 Foreclosures (Tax, Sewer Rent, User Fee, Water) 20 Lock -Outs 0 Ordinance Violations 20 Repairs 0 Security Deposit 0 Water Shut -Offs 0 Miscellaneous 3 85 SOURCE OF INCOME Employed 30 Welfare 15 Unemployment Insurance 3 Social Security /Pension 3 Disability 24 Other 10 85 i The i.,egal Aid Bureau of Buffalo, Iue. Housing Component of the Civil Legal Sei Onit August 2008 Report Page 3 I. INVESTIGATED & CLOSED AT INITIAL INTERVIEW a financially Ineligible F b. Referred Elsewhere 2 C. Advice Only IO d. Conflict 1 19 11, DISPOSE Of WITHOUT LITIGATION AFTER INITIAL INTERVIEW a. Investi <,ated & Advised 2 b Settled 0 C . Other 0 2 III_ I VICTION LITIGATION a. Successfully Concluded for Landlord I b. Unsuccessfully Concluded for Landlord 0 C Successfully Concluded for Tenant 18 d Unsucecssfully Concluded for Tenant 1 I C. Problem Resolved 0 f Other 0 30 IV ORDINANCE: VIOLATION LITIGATION & Successfully Concluded I I b Unsuccessfully COTGIUded 0 C. Other 0 11 V_ FORECLOSURE LITIGATION (Taxes, Sewer Rent, User Fee, Water) a_ Successfully Concluded 0 b. Unsuccessfully Concluded 0 0 The Legal Aid Bureau of Buffalo, Inc. � Housing Component of the Civil Legal Services Unit August 2008 Report Page 4 VI. OTHER LITIGATION a. Successfully Concluded Emergency Motions 0 b. Unsuccessfully Concluded Emergency Motions 0 C. Other — Successfully Concluded 0 d. Other — Unsuccessfully Concluded 0 0 VII. TERMINATED BY CLIENT a. Lapsed 2 b. Withdrawn - Problem Resolved 0 C. Withdrawn - Other 0 2 64 MONTHLY ACTIVITY REPORT CDBG YEAR 34 THE LEGAL AID BUREAU OF BUFFALO INC. AUGUST 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.: 85 (exclude persons served during the previous months of this CDBG year) 4601 UNIT OF SERVICE OBJECTIVES To provide Client In terview s /Advice for Homeowners Landlords Tena 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 rnonth) 79 4602 To Provide Court A j2pearances for Homeo wners Landlor & Tenan serving an average of 1 participant per session, and offering at least 50 sessions per month, for -.10_rnonths during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 135 (attendance this month) 4603 UNIT OF SERVICE OBJECTIVES To provide Settlement Negotiation for Homeowners Landlords, serving; an average of 1 participant per session, and offering at least 4 sessions per month for 10 month during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 14 (attendance this month) 4604 To provide fnvesti ations of Housin Conditions of Homeowners Landlords Tenants, (target group) serving an average of 1 participant per session, and offering at 4 sessions per month, for 10 months during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 19 4605 TO provide Advice over the Tele for Homeown .Landlords T enants , (target group) serving an average of t participant per session, and offering at least 150 sessions per month, for 1.0 months during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 186 4606 To provide Presentations for H Landlords Tenants, (target group) serving an average of 25 participants per session and offering at least 2 sessions during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 0 141 if VJ..0 Irt rrt11 rl V.L'0 U 11 C d City of Buffalo DEM®NE A. SM I T H MASTEN DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1316A BUFFALO, NY 14202 - 3318 PEIONE:851 -5145 • FAX: 851 -5443 E -mail dsmit[i@city- buffalo.com Website: http: / /www.city- buffalo.com September 29, 2008 Gerald CZwalinski City Clerk 1.308 City Hall Buffalo, NY 14202 Dear Mr. Chwalinski: Please late file the enclosed article to Council Member Franczyk regarding the city manager idea. Thank you for your attention to this natter, if there is any a question or concerns, please do not hesitate to contact n directly. Masten District Council Member Cc: Richard Fontana, Majority Leader, Common Council REFRR-� ED 1 1`0 TH'FOOMMITTEE k � s ! Sl -[�41 LEGISLATIVE ASSISTANTS CI IANTEL HOUSTON TASHENL EUBANKs C HAIRMAN EDUCATION MtNORIIY BUSINIss ENTERPRISE COMMITTEES COMMUNITY DLVLLOPMLNT (-4 r1 -4� Please late file the enclosed article to Council Member Franczyk regarding the city manager idea. Thank you for your attention to this natter, if there is any a question or concerns, please do not hesitate to contact n directly. Masten District Council Member Cc: Richard Fontana, Majority Leader, Common Council REFRR-� ED 1 1`0 TH'FOOMMITTEE k � s ! Sl -[�41 `z..In an Uul)ublished opinion article ire Nrote sent to 1110, by way of a mutual ffiend aDd ►z'_ gijouz-naIiA - Askari said that "Ir agrs a7c with better afr i with with Rel7ublt n, " (I'he Malila gover'nanent is official.. neritral i thf. U.S, racs��, Askaai. told ri:e in ari e- r,a�ail. j Ask m . i °s enclorsernerrt of fVlcCairr comes just three 117011 after the Iraqi wtzs critical of certain conch Lions proposed under the peridlug U.S,-lraq sta:tus -oF forms agxeenaent. 111e Unifed '9tai:es MKI Iraq began work orl the " 1 94 0 - 11(l secraT °isy Jgyeo t after Bagla.. dad asked the United .Nations not to reriery the resofaa Lion that allowed U.S. acrd other,nu i t troops to eater . raaq in 2oo,�,, This past June, -Asks td told The �iTaslriugton Past: ° Clre Americans are making demands that - would lead to the colonization of Iraq. If we cazr't reach a fair agreement many .people think we should say `Good- bye, U-S. troops. We don't need you here: anymore. As the presidential election draw, near — and part- ly in response to Obanra's selection of Joe Bides as his r mate — Askari apparently has softened his rhetoric oil the U.S. presence. PW d—th 11 3 uct c ity mana2VT 1 A Commonr Council member who says he supports the incumbent mayor has dusted off an idea, which he has proposed unsuccessfully in the past, to change the form of city government, diluting the may- or s role ill favor of a city manager, ostensi bly a nonpartisan individual. North Council Member Joseph (',along belt, .Jr. says he wants Ili,,; proposal to be put before the voters in a referendum by next year. I canalot support his proposal that would relegate the duly elected mayor to no more than ceremonial duties and s trip him or her from any truly operational duties, historically the role of Buffalos mayors. I will be the first to admit that Buffalo through the Years has had some ineffective mayors, as well as some Who have done their jobs well. That is not as impor tan, as that the majority of the city's voters has elected all. That very important principle would be eliminated under (,oIombek:s ili- thought -out proposal. His i would have the city's lawmakers appoint t a he city idea ager. The democratic tradition of duly elected citizens making the determination of who should be the prin- cipal administrative voice in city government goes down the drain in favor of one wham the city's law- makers would choose to run the city government. The Galombek idea has worked in some other cit- ies but will be doomed to fail in Buffalo, where the Common Council's members never have worked in unison for the common good. it is hard to fathom how enough Council votes could agree on support for a candidate for a city manager. Golombek first made his reform proposal four Years ago and it failed then as it would now, I predict. It rightfully would once again go down the drain. A trace democracy calls for the voice of the majority of the voters to elect the chief voice of the people. Peter Cutler, Brown's communications chief, said, I�Sxarfs main a.gpi1lre,at f,,. fit' itr pz'esidrncy Centers oil coneerlis that i�lx) � r , ;vatf afe,e{I tr) appeas his and-wax coaastztrtfa cy. o on3 i.:in S i ,0 -sooaa with - drawal of Ibileocan t, 0 01, s. (fib anr.a aI a, Said he errant ' 11 a grachral wrthclracvol - c,ri „ . 1, Inonth for 16 months though hF`..; � , " brigades per' sibility of aunending dais schedul ha jjbj �, t open the os Moreover, Ask�ari say", Dernocr<ats e a) ;cy tc,r' change tivill farce iraciis "to deal L 4 a, raevv ro ¥, call over again from scratch." p ctl!111( to start rlove of Republicans here, but of co)rtar:tri[y ar7tl fid •tuning as opposed to a dramatic change in persl# carve ;r.rid poli- cy. Askari cleat•ly px'el�rs ilcC" zir,'s. " Republicans have g'oare throtiglr Lire `Ir °aqi ex perl both it bo its positive anti negative aspects, "he wrote in his article. "after five years tog ub cans and Iraqi have come to eert, uaxle ez - 1 Re Re p li and mutual grounds, making it much easier for the Americans to better' understand Iraq and its circum- stances." For Askad, at least for now, it appears that «, stayrng the course" has a better ring than "ch Washington Post Writers C 7 '% far as I call tell, the city of Bufi�lo has a city manager; one that is duly elected by the residents and that's the mayor. I agree totally with Cutler's evaluation of the situation. The residents of trL city have spoken and in what really coaint a true dertrocracy, that is s. Some Council members talked about a resolution aimed at curbing pal'tisaar politi- cal activity in City hall, but Golombek and some other Council members said the plan was unconstitutional and said the restric- tions in the proposal would go beyond state, federal acrd Iocal provisions that regulate political ac- tivity in government circles. Golombek insisted that a city manager plan would be a more effective plarl that would have more impact, "We need this to look at real reform, he insisted. I do not know Golombek. Never having met him or even spoken to him, I have no reason to question his motivation other than his true feeling that a city man- ager plan would be best for the governance of the city of Buffalo. I totally disagree with his idea, feeling it de- prives the electorate of their right to choose the top leader of the city. I personally have made no determination about the current mayor and will reserve my decision until a lat- er time, but nneanwhile I see no reason for adopting a city manager form of government that would strip the elected mayor of most of his powers. Our current foran of government in the City of Buffalo has served irs well even with some of the weaker•maYors we have liaci in past years. I would strongly advise Buffalo residents and law makers to reject the call for a city managcar for:nr of governance. It deprives the taxpayers of Buffalo of their right to select the city's trop leader. ....... _.. MurrayB. L4g7it is Zheforrner'eriitor• of Y4,13zE�jcrlc)1�ee�s A P IV�urra, common couurtt City of Buffalo DEMONE A. SMI MASTEN DISTRICT C OUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1316A BUFFALO, NY 14202 -3318 PHONE: 851 -5145 • FAX: 851.5443 E -mail: dsmith@citybuffalo.com Website: http : / /www.city- buffalo.coitt September 29, 2008 Gerald C.hwalinski City Clerk 1308 City Hall Buffalo, NY 14202 Dear Mr. Chwalinski: LEGISLATIVE ASSISTANTS CI IANTEL HOUSEON TASHLNE E0E3ANK5 CHAIRMAN EDUCATION MINORITY BUSINESS ENTERPRISL COMMITTEES COMMUNITY f7EVTI.OPMFNT t Ae� Please late file the enclosed letter to Council Member Franczyk regarding; a Parks Advisory Committee. Thank you. for your attention to this matter. if there is any questions or concerns, please do not hesitate to contact me directly. Cc: Richard Fontana, Majority Leader, Common Council � -14 Masten District Council Member ln- z Z r ell VLDMMUu. V- L'ouuctl d" City of Buffalo DEMONS A. SMITH MASTEN DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1316A BUFFALO, NY 14202-3318 PHONE: 851 -5145 • FAX: 851 -5443 -mail: dsrnRh(0)dty- bufia10.00m Website: http: / /www. city- brrffalo,com September 29, 2005 David hranczyk Council 'resident 131.5 City Hall Buffalo, NY 14202 Dear Mr. F'ranezyk: I EGISTATIVE ASSISTANTS CHANTEI_ HOUSTON TASI ]ENE EUBANKS CHAIRMAN EDUCATION MINORITY BUSINESS ENTERPRISE COMMITTEES COMMUNITY DLVELOPMErtI Erie County has sent the City notice; to terminate the Parks Agreement between both municipalities. According to the Legislation either municipality can opt out of agreement with a year notice. We are quickly approaching the year notification and as far as I ant aware there has been little conversation regarding a new Parks Agreement. As Chair of the Finance and Management of the Erie County Legislature, I was very involved in the approval of the Parks agreement that saved the City millions of dollars. Due to my familiarity with the Parks Agreement, 1 request to be appointed to Chair a Parks Advisory Committee with the specific task of working out a new parks agreement with Erie County, the City of Buffalo and the Olmsted Parks Conservancy. Thank you fo • your attention to this matter. If there are any questions or concerns please do not hes^ to contact me directly. Si one Cc: Mayor Byron Brown Board of Directors Olmsted Parks Conservancy DEMONS A. SMITH MASTEN DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, Room 1316A BUFFAI.O, NY 14202-3318 PHONE: 851.5145 • FAX: 851-5443 E -mail: dsmith9city- buffalo.com W ebsite: littp: / /www.city- buffalo.com September 29, 2005 Gerald Chwalinski City Cleric 1308 City Nail Buffalo, NY 14202 Dear Mr. Chwalinski: c q-P't (i LEGISLATIVE ASSISTANTS CHANIEL HOUSTON TASLiLNE EUBANKS CHAIRMAN EDUCATION MINORITY BUSINL5s E1N°TLRPRISE CO MMITIFFS COMMUNITY DEVEEO €'ME.N'I //- t6 r - Please late file the enclosed change to Chapter 1.50, Dances and Dance I lalls. I am requesting this item go to the Legislation Committee. Thank you for your attention to this matter. If there is any questions or concerns, please do not Ysitate to contact me directly. Sincei;ly, r le once Smith Masten District Council Member Cc: Richard Fontana, Majority leader, Common Council ( f ATOM. ZA*- /E1`"' _ 1 1 , City of Buffalo L �. s -� Chapter 150, DANCES AND DANCE HALLS [HISTORY: Derived from Art. VIII of Ch. V of the Charter and Ordinances, 1974, of the City of Buffalo. Amendments noted where. applicable.] GENERAL, REFERENCES Alcoholic beverages -- See Ch. 69. Amusements See Ch. 75. Public buildings -- See Ch. I I L Obscenity -- See Ch. 299. Peace and good order -- See Ch. 313. Restaurants -- See Ch. 370. § 150 -1. Definitions. The following words, when used in this chapter, shall have the following meanings: PERSON -- Any individual, partnership, firm, corporation, association, society, club or other organization. PRIVA`T'E HOMES -- Buildings used exclusively for private dwelling; purposes. PUBLIC DANCE -- Any dance or ball to which the public generally may gain admission and may participate in dancing. PUBLIC DANCE 1 IALL -- Any building;, structure or part thereof in which public dances are or may be held or any hall or academy in which classes in dancing are conducted or instruction in dancing is given for hire. § 150 -2. Licenses and permits required. [Amended 12 -9 -2003, effective 12 -19 -2003] A. No person shall hold any public dance or conduct classes in dancing; or give instructions in dancing for hire in any public dance hall within the City until said public dance hall shall first have been licensed as provided in this chapter. Upon the consent of the Common Council the Commissioner of Permit and Inspection Services ma issue a license hereunder to any person owning or conductine a public dance hall. Such license shall be issued by the Commissioner of Permit and Inspection Services, and in every public dance hall its license shall be posted in a conspicuous place near the main entrance. B. No person shall hold a public dance within the City without having first obtained a permit therefor from the Commissioner of Permit and Inspection Services. C. Upon the consent of the Common Council, the Commissioner of Permit and Inspection. Services may issue a license hereunder to any person owning or conducting a hotel or restaurant in the City to permit dancing therein subject to all of the provisions and conditions hereinafter contained unless specifically exempted hereinafter. § 150 -3. Applications for licenses and permits. [Amended 12 -9 -2003, effective 12 -19- 2003] A. Public dance hall. Application for a license for a public dance hall shall be made to the Commissioner of Permit and Inspection Services on forms furnished by him which shall contain such information as he may require. B. Public dance. Application for a permit for a public dance shall be made to the Commissioner of Permit and Inspection Services at least two days before the time of said dance and shall be in the form prescribed by said Commissioner. C. Hotels or restaurants. Application for a license permitting dancing in a hotel or restaurant shall be made by the owner or operator and shall be addressed to the Commissioner of Permit and Inspection Services and filed by him with the City Clerk to be transmitted to the Common Council of the City of Buffalo and shall state the place and purpose for which the license is desired as set forth in the classifications hereinafter contained in this chapter. § 150 -4. Investigation of applicants. [Amended 12 -9 -2003, effective 12 -19 -2003] It shall be the duty of the Commissioner of Permit and Inspection Services to examine all applications for public dance hall licenses and all applications for a license permitting dancing in a hotel or restaurant and to investigate or cause to be investigated each such application to determine whether or not the dance hall, hotel or restaurant for which a license is sought complies with the regulations, ordinances and laws applicable thereto and whether or not the person or persons making such application or having charge or supervision of the hall, hotel or restaurant are of good moral character. In making such investigation, the Commissioner shall have the assistance of the Departments of Police and Fire. Each such Department shall furnish to the Commissioner of Permit and Inspection Services, in writing, the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused. § 150 -5. Renewal of licenses. All licenses granted hereunder may be renewed upon application therefor and after reinspection of the premises in the manner provided herein for original inspection. § 150 -6. bees. A. Public dance hall. The fee for a public dance hall license, to be paid at the time of issuing the license, shall be as provided in Chapter 175, Fees. B. Public dance. The fee for a public dance, to be paid at the time of Cling application for a permit, shall be as provided in Chapter 175, Dees. C. Restaurant and hotel dancing. The fee for a license to conduct dancing in restaurants and hotels, to be paid at the time of filing the application for a license therefor, shall be as set forth in Chapter 175, Fees. D. Owners or operators of hotels and restaurants securing licenses under Classes 1, 2, 3 and 4 are exempt from procuring a music permit pursuant to Chapter 75 of the City Code. Licenses issued under either Class 3 or Class 4 may be reclassified to any one of Classes 1, 2 and 3 with the permission of the Commissioner of Permit and Inspection Services and by paying the difference in the fee, but no portion of any license fee shall be prorated or refunded. [Amended 12 -9 -2003, effective 12 -19 -2003] E 11e rate of fees herein set forth shall apply to renewals of existing licenses and to initial licenses. § 150 -7. Expiration of licenses; transferability. A. Each license granted for a public dance hall shall expire on the first day of August next following its issuance. B. Each license granted for restaurant and hotel dancing shall expire one year from the date of issue. Said license is personal and cannot be directly or indirectly transferred or assigned. fir - /f ` n z r r► t ' ' 'KL1i lit ilt11it V.L11i UitLtl City of Buffalo DEMONE A. SMITH MASTEN DISTRICT C OUNCIL MEMBER 65 NIAGARA SQUARE, Room 1316A BUFFALO, NY 14202 - 3318 PHONE! 851 -5145 • FAX: 851.5443 E-mail: dsmitl7Qcity- buffalo.com W ebsite: llttP://www.city September 29, 2008 Gerald Chwalinski City Clerk 1308 City Hall Buffalo, NY 14202 Dear Mr. Chwalinski: LEGISLATIVE ASSISTANTS CHANTEL HOUSTON TASH ENE EIIBANKS CFIAIRMAN EDUCATION MINORITY BUSINLSS ENTERPRISE COMMITTEES COMMUNITY DWELOPM£NT 0A, !'A Please late file the enclosed Ordinance by the Conm Council of the City of Ithaca regarding ]:; vection for Illegal Drug Use and Possession. I would like for lawmakers to take particular dote of section 177 -5 regarding multiple convictions; this change would help the Save our Streets Taskforce. I am also requesting Corporation Council draft a change in our City Ordinance to reflect the same. Also included is Zorn and the City of Ithaca vs. Howe that upholds the municipal ordinance by the New York State Supreme Court. I am requesting this item go to the Legislation Committee to discuss with the intention of passing an ordinance at the next meeting of the Common Council. Thank you flor your attention to this matter. If there is any questions or concerns, please do not hesi ate to contact me directly. Sincerel =� t f I 7 Tione Smith Masten District Council Member Cc: Richard Fontana, Majority Leader, Common Council i; ' A M ITTEE Al I 4 # I Arm Chapter 177: EVICTION FOR .ILLEGAL DRUG USE AND POSSESSION I. LHISTORY: Adopted by the Common Council of the City of Ithaca 4 -1 -1998 by Ord. No. 98- 3. Amendments noted where applicable.] A §§ 177 -LA§ Declaration of legislative findings and purpose. The Common Council finds that: A The Common Council of the City of Ithaca is concerned about the use of rental properties located within the city for the purposes of illegal drug use, possession and sale; E These illegal acts have a deleterious effect upon the neighborhoods in which the properties are located; and C The remedies provided in § 715 of the New York State Real Property Actions and Proceedings Law do not adequately address the problems resulting from the aforementioned illegal acts and the District Attorney of Tompkins County is willing to proceed with evictions pursuant to the attached Ordinance for Eviction for Illegal Drug Use and Possession_ A §§ 177 -2.A§ Eviction. A special proceeding to evict a tenant from leased premises may be maintained upon the ground that the premises, or any part thereof, have been used or occupied for the purpose of using or possessing illegal drugs. For purposes of this section, the term "tenant," in addition to its ordinary meaning, shall include an occupant of one or more rooms in a rooming house or a resident, not including a transient occupant, of one or more rooms in a hotel who has been in possession for 30 consecutive days or longer. A §§ 177 -3.A§ Procedures. The procedures applicable to summary proceedings to recover possession of real property under state law shall be applicable to any proceeding brought under this chapter. A §§ 177 -4.A§ Service of notice; commencement of eviction proceedings. A The following persons, corporations or agencies, may serve personally upon the owner or landlord, or upon his agent, of demised real property used or occupied in whole or in part for the use or possession of illegal drugs, a written notice requiring the owner or landlord to make an application for the removal of the person(s) so using or occupying the premises: Any domestic corporation organized for the suppression of vice, subject to or which submits to visitation by the State Department of Social Services and possesses a certificate from such Department of such fact and of conformity with regulations of the Department. (2) Any duly authorized enforcement agency of the state or of a subdivision thereof, under a duty to enforce the provisions of the Penal Law or of any state or local law, ordinance, code, rule or regulation relating to buildings. B. If the owner or landlord or his agent does not make such application within five days thereafter; or, having made it, does not in good faith diligently prosecute it, the person, corporation or enforcement agency giving the notice may bring a proceeding under this chapter for such removal as though the petitioner were the owner or landlord of the premises, and shall have precedence over any similar proceeding thereafter brought by such owner or landlord or to one theretofore brought by biro and not prosecuted diligently and in good faith. Proof of the ill repute of the demised premises or of the occupants thereof or of those resorting thereto shall constitute presumptive evidence of the unlawful use of the demised premises required to be stated in the petition for removal. Both the person(s) in possession of the property and the owner or landlord shall be made respondents in the proceeding. A §§ 177 -5.A§ Multiple convictions to constitute presumptive evidence Two or more convictions of any person or persons had, within a period of one year, for any of the offenses defined in Articles 220 or 221 of the Penal Law arising out of conduct engaged in at the same real property consisting of a dwelling as that term is defined in Subdivision 4 of Section 4 of the Multiple Dwelling Law shall be presumptive evidence of Conduct constituting use and occupancy of the premises for the purpose of using and possessing illegal drugs, and of the tenant knowledge thereof. A §§ 177 -6.A§ Civil penalties A court granting a petition pursuant to this section may, in addition to any other order provided by law, make an order imposing and requiring the payment by the respondent of a civil penalty not exceeding $5,000 to the municipality in which the subject premises is located and the payment of reasonable attorneys' fees and the costs of the proceeding to the petitioner. In any such case, multiple respondents shall be jointly and severally liable for any payment so ordered, and the amounts of such payments shall constitute a lien upon the subject realty. 276 A.D.2d 51, 716 N.Y.S.2d 128, 2000 N.Y. Slip Op. 10326 In the Matter of Elayne Zorn, Petitioner, and City of Ithaca, Respondent, v. Robert Howe, Appellant. Supreme Court, Appellate Division, Third Department, New York November 22, 2000 CITE TITLE AS. Matter of Zorn v Howe SUMMARY Appeal from an order of the Tompkins County Court (John Sherman, J.), entered June 11, 1999, which, in a summary proceeding pursuant to RPAPL article 7 and Ithaca Municipal Code chapter 177, affirmed a judgment of the City Court of the City of Ithaca in favor of petitioner. HEADNOTES Local Laws -- Preemption by State -- Ordinance Authorizing Eviction Based on Illegal Drug Use and Possession (1) Respondent tenant may lawfully be evicted from his apartment in a summary proceeding based upon his admitted illegal drug use and possession pursuant to a municipal ordinance which authorizes the maintenance of a "special proceeding to evict a tenant from leased premises .,. upon the ground that the premises, or any part thereof, have been used or occupied for the purpose of using or possessing illegal drugs." The ordinance is not invalid as being preempted by State law. The fact that illegal drug use and possession are not among the grounds for eviction for illegal use of premises specifically prescribed by Real Property Law § 231 (1) and RPAPL 715 (1) does not demonstrate an impermissible conflict between the State statutory scheme and the local law, or that the State intended to occupy the entire field to the exclusion of local law. Rather, the ordinance is consistent with the State statutory scheme of grounds for eviction based on illegal activity. The ordinance merely supplements the State statutory scheme by adding additional grounds for eviction. The ordinance does not prohibit conduct that the State statutory scheme allows and does not impose additional restrictions on rights granted by the State, Constitutional Law Validity of Statute - -Local Ordinance Authorizing Eviction Based on Illegal Drug Use and Possession (2) A municipal ordinance which authorizes the maintenance of a "special proceeding to evict a tenant from leased premises ... upon the ground that the premises, or any part thereof, have been used or occupied for the purpose of using or possessing illegal drugs" does not create an unconstitutionally impermissible distinction between tenants and property owners. As with the provisions of RPAPL 715 (1) dealing with the use of demised premises for illegal purposes, the clear purpose and effect of the ordinance is to protect the health, safety and welfare of the surrounding community. Furthermore, the ordinance does not violate a tenant's right to privacy. While people have a privacy interest in their homes, they have no corresponding right to violate the law in the privacy of their homes. A tenant has no legitimate privacy interest in the possession or use of illegal drugs in his or her apartment. *52 TOTAL CLIENT SERVICE LIBRARY REFERENCES Am Jur 2d, Landlord and Tenant, §§ 1014, 1037; Statutes, §§ 142, 342. McKinney's, RPAPL 715 (1); Real Property Law § 231 (1). NY Jur 2d, Landlord and Tenant, §§ 838, 840; Statutes, § 217. ANNOTATION REFERENCES See ALR Index under Ejectment, Eviction, and Ouster; Statutes. APPEARANCES OF COUNSEL LoPinto, Schlather, Solomon & Salk, Ithaca (Diane Campbell of counsel), for appellant. Patricia Dunn, City Attorney, Ithaca, for respondent. OPINION OF THE COURT Mercure, J. In April 1998, the Common Council of the City of Ithaca in Tompkins County enacted ordinance 98 -3, which added a new chapter 177 to the City of Ithaca Municipal Code (hereinafter chapter 177). As primarily relevant to this appeal, chapter 177 provides that "[a] special proceeding to evict a tenant from leased premises may be maintained upon the ground that the premises, or any part thereof, have been used or occupied for the purpose of using or possessing illegal drugs ... "[and] [t]he procedures applicable to summary proceedings to recover possession of real property under State law shall be applicable to any proceeding brought under this law" (City of Ithaca Municipal Code, ch 177, §§ 2, 3). In February 1999, petitioner Elayne Zorn (hereinafter petitioner), the owner of an apartment building at 402 North Geneva Street in the City, brought a summary proceeding in Ithaca City Court against respondent, the tenant of apartment No. 4, seeking judgment awarding petitioner possession of the premises based upon respondent's alleged illegal drug use and possession. Upon respondent's admission that the premises had been used and occupied by him for the purposes of illegal drug use and possession, City Court granted judgment in favor of petitioner. Respondent appealed to County Court, whichgranted *53 the application of the City of Ithaca to intervene as a petitioner and thereafter affirmed City Court's judgment. Respondent now appeals to this Court, primarily contending that chapter 177 is preempted by State law and is unconstitutional. We disagree and accordingly affirm. (1) Initially, we reject the contention that chapter 177 of the City of Ithaca Municipal Code is preempted by provisions of the Real Property Law and the RPAPL. Real Property Law § 231 (1) provides in pertinent part as follows: "Whenever the lessee or occupant other than the owner of any building or premises, shall use or occupy the same, or any part thereof, for any illegal trade, manufacture or other business, the lease or agreement for the letting or occupancy of such building or premises, or any part thereof ... shall thereupon become void, and the landlord of such lessee or occupant may enter upon the premises so let or occupied." RPAPL 715 defines the grounds for eviction and the procedure to be followed when the use or occupancy of leased premises is illegal, i.e., when "used or occupied in whole or in part as a bawdy - house, or house or place of assignation for lewd persons, or for purposes of prostitution, or for any illegal trade, business or manufacture" (RPAPL 715 [11). Chapter 177 mirrors the substantive provisions and procedures of Real Property Law' § 231 and RPAPL 715, but expands the grounds for eviction to include illegal drug use and possession. Respondent makes much of the fact that, in enacting Real Property Law § 231 and RPAPL 715, the Legislature chose not to touch upon illegal activities of a private noncommercial nature and that chapter 177 therefore expands upon the grounds for eviction prescribed in those statutes. Although undoubtedly true, that fact has little bearing on the relevant issues of whether the State has evinced a desire to occupy the entire field or, alternatively, whether there is a direct conflict between the State and local laws (see, Albany Area Bldrs. Assn. v Town of Guilderland, 74 NY2d 372, 377; Jancyn Mfg. Corp. v County of Suffolk, 71 NY2d 91, 96 -97). In our view, neither of those criteria for a finding of preemption has been satisfied in this case. First, we have not been made aware of any statute or legislative history evidencing the Legislature's intention to preempt local laws authorizing eviction on the basis of an illegal use of premises. We are unpersuaded by respondent's effort to utilize the comprehensive statutory scheme embodied in RPAPL article 7 as a predicate for its preemption argument when but *54 one discrete ground for eviction is truly at issue (cf., Tartaglia v McLaughlin, 190 Misc 256, affd 273 App Div 821, revd on other grounds 297 NY 419). In our view, the mere fact that the Legislature chose to address illegal . business activity in RPAPL 715 in no way evidences an intent to preclude a municipality from exercising its municipal home rule power by similarly addressing illegal private activities. It is 'only when the State has evidenced a desire or design to occupy an entire field to the exclusion of local law that the city is powerless to act" (People v Judiz, 38 NY2d 529, 532). The case of Tartaglia v McLaughlin (supra), upon which petitioner places substantial reliance, provides a telling contrast. In the face of an emergency housing shortage, New York City enacted a local law intended to restrict evictions from apartments by providing that no tenant could be removed from any apartment unless the Temporary City Housing Rent Commission first issued a certificate attesting to the existence of one or more grounds for eviction or exclusion (id., at 268 -269). Observing that Civil Practice Act article 83, the predecessor to RPAPL article 7, was a general State statute applicable to the civil practice in all courts of record in the State (id., at 269) and that "[t]he organization of courts and the procedure to be followed therein are matters exclusively of state concern" (id., at 270), Supreme Court, Kings County determined that the local law had the effect of abrogating State law by "assum[ing] to impose restrictions upon the rights of litigants to bring actions or proceedings in the courts to recover possession of dwelling space" (id., at 271). In sharp distinction, the ordinance at issue here places no impediment upon landowners` free access to the courts or to the remedies provided in the RPAPL. Rather, it merely supplements the State statutory scheme by providing an additional ground for eviction. Municipal home rule is deeply rooted in the history of this State. "Article IX of the State Constitution declares that effective local self- government and intergovernmental cooperation are purposes of the people of this State, and it directs the Legislature to provide for the creation and organization of local governments so as to secure the rights, powers, privileges and immunities granted by the Constitution" (Kamhi v Town of Yorktown, 74 NY2d 423, 428; see, NY Const, art IX, § 1). It has been long recognized by the Legislature "that situations may arise where laws of State -wide application are appropriately tailored by municipalities to fit their own peculiarly local needs" (Kamhi v Town of Yorktown, supra, at 430). "So long as x`55 local legislation is not inconsistent with the State Constitution or any general law, localities may adopt local laws both with respect to their'property, affairs or government' ... and with respect to other enumerated subjects, except 'to the extent that the legislature shall restrict the adoption of such a local law'" (Albany Area Bldrs. Assn. v Town of Guiiderland, 74 NY2d 372, 376, supra, quoting NY Const, art IX, § 2 (c] [i], [ii]; Municipal Home Rule Law §. 10 [1] [i], [iij). Second, respondent has made no demonstration that chapter 177 expressly conflicts with any provision of State law. Notably, inconsistent is not to be narrowly defined as meaning different (see, Sherman v Town of Rhinebeck, 133 AD2d 77, 79; Town of Clifton Park v C. P. Enters., 45 AD2d 96, 98; Council for Owner Occupied Hous. v Koch, 119 Misc 2d 241, 245, affd 61 NY2d 942). "[T]he mere fact that both the State and local governments seek to regulate the same subject matter does not, in and of itself, render the local legislation invalid on preemption grounds" (Ba Mar v County of Rockland, 164 AD2d 605, 612, appeal dismissed 78 NY2d 877, Iv denied 78 NY2d 982; see, Incorporated Vii. of Nyack v Daytop Vil., 78 NY2d 500, 505; Council for Owner Occupied Hous. v Koch, supra, at 244). In order to satisfy the inconsistency prong, it must be shown that the local law permits conduct prohibited by State law, prohibits conduct specifically permitted by State law or imposes restrictions on rights granted by the State (see, Jancyn Mfg. Corp. v County of Suffolk, 71 NY2d 91, 97, supra; see also, Matter of Lansdown Entertainment Corp. v New York City Dept. of Consumer Affairs, 74 NY2d 761, 764; Bracker v Cohen, 204 AD2d 115; 116; Matter of County of Niagara v Shaffer, 201 AD2d 786, 787; Council for Owner Occupied Hous. v Koch, supra, at 245). Consistent with that view, courts have upheld local laws that provide details of a topic on which State statutes remained silent, wherein the local ordinance supplements, rather than supplants, the State legislation (see, e.g., Jancyn Mfg. Corp. v County of Suffolk, supra [State law regulating use of sewage system additives did not preempt local legislation prohibiting use of any sewage system additives without county health. department approval]; New York State Club Assn. v City of New York, 69 NY2d 211, affd 487 US 1 [city discrimination ordinance defined "distinctly private" clubs, whereas State Human Rights Law did not]; People v Judiz, 38 NY2d 529, supra [city code provision criminalizing possession of toy gun which duplicates real gun held valid, despite State statute criminalizing *56 possession of toy weapon with intent to use it unlawfully]; Matter of JIJ Realty Corp. v Costello, 239 AD2d 580, Iv denied 90 NY2d 811 [zoning ordinance prohibiting storage of petroleum products not preempted by ECL's provisions dealing with petroleum storage]; Metropolitan Funeral Directors Assn. v City of New York, 182 Misc 2d 977 [local legislation requiring posting of funeral home price lists not preempted by State regulations requiring that price lists be given to customers]; Council for Owner Occupied Hous. v Koch, 119 Misc 2d 241, supra [city code supplemented State regulatory process of condominium conversion]; but see, Halpern v Sullivan County, 171 AD2d 157 [State legislation comprehensively regulated mobile home parks, preempting focal legislation]; Ba Mar v County of Rockland, 164 AD2d 605, supra; Town of Moreau v New York State Dept. of Envtl. Conservation, 178 Misc 2d 56 [comprehensive State statutes and regulations on hazardous waste disposal and cleanup preempt local legislation in that area]). In the present case, chapter 177 is consistent with the State statutory scheme of grounds for eviction based on illegal activity. Use and possession of illegal drugs are illegal activities. The local ordinance merely supplements the State statute by adding additional grounds for eviction. Chapter 177 is not inconsistent with RPAPL 715 because it does not prohibit conduct that the statute allows- -drug possession and use is certainly not permitted by the RPAPL, and is criminalized by Penal Law article 220 - -and does not impose additional restrictions on rights granted by the State (see, Jancyn Mfg. Corp. v County of Suffolk, supra, at 97). We therefore conclude that chapter 177 is not preempted by State law. (2) We are also unpersuaded by respondent's various claims of unconstitutionality. Legislative enactments, including local ordinances such as the one at issue here, carry a strong presumption of validity, imposing a burden on the challenger to prove unconstitutionality beyond a reasonable doubt (see, People v Judiz, 38 NY2d 529, 531, supra; Metropolitan Package Store Assn. v Koch, 89 AD2d 317, 324, appeal dismissed 58 NY2d 1112, appeal dismissed 464 US 802). Viewed in that light, we reject the contention that chapter 177 creates an impermissible distinction between tenants and property owners. As with the provisions of RPAPL article 7 dealing with the use of demised premises for illegal purposes, the clear purpose and effect of chapter 177 is to protect the health, safety and welfare of the surrounding community (see, City of New York v Wright, 222 AD2d 374, 375, appeal dismissed 87 NY2d 1054). *57 Nor are we persuaded that chapter 177 violates respondent's right to privacy. While people have a privacy interest in their homes (see, People v Dennis, 263 AD2d 618, 619, Iv denied 94 NY2d 822), they have no corresponding right to violate the law in the privacy of their homes (see, Bowers v Hardwick, 478 US 186; People v Shepard, 50 NY2d 640; People v Rodrick, 205 AD2d 841, lv denied 84 NY2d 831, cert denied 514 US 1040). Clearly, respondent has no legitimate privacy interest in the possession or use of illegal drugs in his apartment. Respondent's additional contentions have been considered and found to be similarly unavailing. Cardona, P. J., Peters, Spain and Graffeo, JJ., concur. Ordered that the order is affirmed, with costs. *58 Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) h€ xs ,'A _ A V Appt Special Asst to commissioner of EDPI(Prov)(Max)(Marcy)(EDPI) (CCP## 38, 09116) That the above item be the same and hereby is Received and Filed ADOPTED r� Recommended by the Committee on Civil Service U , Notices of Appointments - Temp /Prov /Perm(Cty Clk) (ccp# 43, 9/16) That the Above item be the same and is hereby Received and Filed. ADOPTED l � Recommended by the Committee on Civil Service._ ,�� FINANCE (Michael P. Kearns, Chairman) Response Audit Mayor's Impact Team (Cit Serv) f (ccp# 4, 9116) That the Above item be the same and is hereby Received and Filed. ADOPTED Recommended by the Committee on Finan 1 I ' Contract Extension — Intermunicipal Agreement between the City and the County of Erie Municipal Waste Reduction and/or Recycling Project (Item No. 16, C.C.P., Sept. 16, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Mayor be, and he hereby is authorized to enter into the contract extension, renewing the Intermunicipal Agreement between the City and the County of Eric for Municipal Waste Reduction and /or Recycling Project for an additional one (1) year in compliance with the Intermunicipal Agreement, Article IV, as attached to the above communication, Passed. Recommended by the Committee on Finance Chairman TnB:rmv T \wP60\msword\rmv\ 1 60-16c. doe 1A. �� � _ ..` �taF, ���is A► ��� �t�l� a � � � ' � G A 6 H E 1 ' 1 ' 8 r I") G, i J. Campo long-Monthly Report for The Buffalo Water Board (ccp## 44, 9116) That the Above item be the same and is hereby Received and Filed. ADOPTED Recommended by the Committee on Fina D. Smith- Clarify Budget Request for Martin Luther King Jr, Park (eep# 53, 9116) That the Above item be the same and is hereby Received and Filed. ADOPTED v Recommended by the Committee on Finance_ \p COMMUNITY DEVELOPMENT (Michael J. LoCurto, Chairman) NYSDOT- Notice of Design Approval NY Route 33 (#52, 9/16) That the above item. be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development 7 .ff Sirs has . Year 33 Community Dev Quarterly Reports (2/1108- 4 /30 /08)(Coinm Serv) (947,9/2) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development r f Fi �i �1 M. Kearns -S Banko- Assisting the City in implementing an Attack on d Blighted Properties in Our Neighborhoods ( #67, 9/2) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended b the Committee on Cofnanunit Devel Y Y P C, '110 ' M � y t. H. Garrett -West Side Community Collaborative -Re Demo of 0 White Bros, Livery & Boarding Stable ( 856, 6/24) That the above item be the same and hereby is Received and Piled. ADOPTED Recommended by the Committee on Community Development 61 �f Addressing Vacant Properties as a Regional Issue (Item No. 102, C.C.P., Dec. 12, 2006) That the above item be, and the sane hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above - mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Community Development irman TAB:rjnv T:Awp6Mn)swor&nnv!102c 12- 12c.doc LEGISLATION �1 (Joseph Goiombek Jr., Chairman) x M. Agha, Petition to Use 1 175 Hertel Avenue — Alter Existing Restaurant from a Take -out to a Sit -in (Item No. 54, C.C.P., Sept. 16, 2008) That after the public bearing before the Committee on Legislation on September 23, 2008, the petition of M. Agha, owner, for permission to extend a restricted use restaurant at 1175 Hertel Avenue from a take -out restaurant and food store to a sit -in restaurant and food store be, and hereby is approved. Passed. Recommended by the Committee on Legislation TAB:rmv t:hvp6GVnswordl:nnv154c9- F 6c.doc I )�" � \ |� 34 Appointment Member to the Citizens' Rights and Community Relations (Item No. 2, C.C.P., Sept. 1 6, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the appointment of Kenneth A. Simmons, residing at 7 Eller Street, to the Citizens' Rights and Community Relations Board, for a three year tern, commencing immediately and expiring August 31, 2011, is hereby approved on the condition that he does not owe any outstanding liens to the City of Buffalo. Passed Recommended by the Committee on Legislation 1 Chairman. , rAB jnv! [:Nwp6011nsword\nnv\2c9 -] 6c,doe � s J. Battaglia, Petition to Use 266 Hopkins Street to Expand an Existing Recycling Center fE; (Item No. 84, C.C.P., Sept. 2, 2008) (Item No. 107, C.C.P., Sept. 16, 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 before the Committee on Legislation on September 9, 2008, the petition of J. Battaglia, agent, for permission to expand an existing recycling center at 266 Hopkins Street for license pursuant to §263 -27 are hereby approved upon the following; conditions: 1. A new landscaping plan showing installation of a berm along Hopkins Street. 2. ITigh- density plantings on top of and along the berm on Hopkins Street. 3. Plantings and landscaping along the Tifft Street truck entrance to the facility. 4. The applicant will surrender the current C &D license currently in place. 5. No C &D license can be applied for in the future. 6. GLR will make available a phone number for neighbors to call with any concerns or complaints. 7. No outdoor storage of materials will be permitted on any portion of the site. 8. All trucks will enter and exit from Tifft Street. 9. Buffalo Recycling Enterprises (BRE) will make available a phone number and email address for neighbors to call with any concerns or complaints. 10. Buffalo Recycling Enterprises (BRE) will guarantee odor mitigation measures if deemed necessary. 11. Delivery trucks will not idle at any time on city streets, while waiting to drop off or pick up materials. Passed. Recommended by the Committee on Legislation ' Chairman TAB:rmv #fx' -� �6�lar� �� �. � .. '. � 1Q t+ ° e 9 8 r i � � i € �. 1� 4�i � ied . B. Davis -C. Brown & Others - Request for Changes in Traffic controls on Hudson St/or Et c, Plymouth U (ccp# fl9, 912) That the Above item be the same and is hereby Referred to the Special Committee on Police Oversight ADOPTED Recommended by the Committee on Legislation € Landmark Designations — "Pan Am House "Heath House ", "Davidson House" and "Urilwood Parr 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, NIr. Crolombek moved: That after the public hearing held before the Committee on Legislation on September 23, 2008, the "Pan Am House" located at 1950 Delaware` Avenue, "Heath House" located at 76 Soldiers Place, "Davidson House" located at 57 Tillinghast Place and "Elmwood Park and Former School 46 located at 386 Virginia Street" be,designated as local historical preservation districts, pursuant to Article 11.1, 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`fior the reasons set forth ih,the reports of the Buffalo Preservation Board; and That the Secretary of the Preservation. Board bq, 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 TA$:rmv #:lw�Gq�»,swardtnnvl3c9- 2c.dac - 8 09/0212008 Recommendation from Buffalo Preservation Board f to Buffalo Common Council Re: Four Applications for Landmarks /Landmark Sites The Buffalo Preservation Board recommends that the attached applications for City of Buffalo Local Landmark designation be approved by Buffalo Common Council The applications were initiated and prepared by the Preservation Board as a result of the recognition of the historic and cultural value that these properties offer the City of Buffalo as well as possible threats the buildings may face in the future. Below is an overview of their significance. • "Pan Ana House" A rare example of a pre -Civil War vernacular farmhouse located in the North Buffalo community, the "Pan Am House" is representative over 150 years of Buffalo's history and development, and is thought to be one of the last remaining buildings used during the Pan American Exposition held in Buffalo in 1901. • "Heath House" One of four remaining houses designed by Frank -Lloyd Wright in the Buffalo area, the Heath house was completed in 1905 and is considered a precursor to Wright's renowned Robie house built in Chicago in 1909, and is an important example of Wright's Prairie style. • "Davidson House" Also designed by Frank Lloyd Wright, the Davidson House was completed in 1908 and embodies many typical characteristics of Wright's work while also including some unique and atypical features. • "Elmwood Park and Former School 46 located at 389 Virgina St." Although already included in the Allentown Preservation District, Elmwood Park and Former School 46 located at 389 Virginia St. posses enough significance to benominated individually. The land on which the school was constructed was given to the City by Louis Le Couteulx in 1839 for the organization of a school. Former School 46 at 389 Virginia Street was designed by prominent Buffalo architect Henry Harrison (H.H.) Little. Little was a prominent Buffalo architect who practiced from 1874 until his death in 1917. The applications were prepared and reviewed by the Preservation Board in accordance with Chapter 337 Article III of City Charter. According to Chapter 337, "any person, group of persons, or association may request designation of a landmark, landmark site, or an historic district by submitting an application for designation... The Preservation Board may also initiate proceedings for designation of a landmark, landmark site, or historic district." The attached applications were reviewed by the Buffalo Preservation Board at its May 1, 2008 meeting. A public hearing was also held at this meeting. An additional public hearing for the "Pan Am House" was held on May 15, 2008. The property owners were contacted by mail and given opportunity to comment. Please feel free to contact John Laping, Preservation Board Chair, or Michele Brozek, Senior Planner- Historic Preservation, at 851 -5029 if you have any questions. :3 �Pg� . � S�v ?a goo A 09/02/2008 Form LS -1 Page 1 of 3 Application for Landmark/Landmark Site: "Pan Am House" at 1950 Delaware Ave. Buffalo, New York Buffalo Preservation Board 901 City Hall Buffalo, New York 14202 Telephone: (716) 861 -5029 Fax: (716) 851 -4388 Instructions to Applicant: The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete: a) Three (3) copies of this application; b) One complete set of quality photographs, (Preferably 8" x 10 "), of all exterior elevations of the building. Interior photographs may also be submitted; c) A site plan, map or survey that indicates in sufficient details what building /properties are being proposed for designation; d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result in an incomplete application and delay the review process: * * ** check in the amount of $500.00 made out to the City of Buffalo Preservation Board must be submitted at time of application for non -owner occupied structures /sites. 10 09/02/2008 Please provide the following on the property for which landmark consideration is requested. 1. Address of Site 1950 Delaware Ave. 2. Name of Property (if any) Known as the "Pan Am House" 3. Name of Present Owner Alfred Coppola Owner Address 1952 Delaware Ave. City Buffalo Zip_,,,14216 Contact person Alfred Coppola Note: If property is in multiple ownership, list the namesladdresses of other persons having legal or equitable interest in property: 4. Has the owner, if other than applicant, been contacted? Yes X No if yes, is owner in favor of landmark designation? Yes No Unknown - X If yes, submit a signed statement/affidavit by owner supporting Designation. 5. Present use of property Residential 6. Year of Construction Unknown, c. 1840 Information Source N/A 7. Architect Unknown Information Source NIA 8. Is property endangered? Yes X No If yes, explain. An aRplication to demolish the building was submitted on October 22 2007. The Buffalo Preservation Board voted to deny recommendation for demolition at its November 1 2007 meeting and also voted to initiate its nomination as a Local Landmark. 11 9, Please describe the architectural, historical, geographical and cultural significance of this landmark and /or landmark site. Attach additional pages if necessary. Please indicate the sources of information. (See attached pages) 10. Please attach any additional material which might be useful in considering the site for landmark designation, i.e.; newspaper clippings, magazine articles, photographs, etc. Please list below, which of these materials you would like returned. If you would like to present additional materials at a meeting of the Preservation Board, please indicate nature of such materials. (see attached Pages) 11. Name of Applicant Buffalo Preservation Board Address 901 City Hall City Buffalo Zip 14202 Phone — (716) 851 -5029 l hereby certify that the information contained herein is true and correct to the best of ow edge. Signature of Appl 09/02/2008 John Laping, Acting Chair, Buffalo Preservation Board 12 09102/2008 Overall Significance icance The "Pan Am House ", located at 1 950 Delaware Ave. has architectural significance because it is a rare surviving example of a pre -Civil War vernacular farmhouse in the City of Buffalo. It has historical, cultural, and geographic significance because it is a remnant of the rural setting of the North Buffalo during the mid nineteenth century, because it believed to be used as part of the Pan American Exposition held in 1901, and because it has survived the rapid residential and commercial development in the land surrounding it following the Exposition and throughout the early to mid 2& century. 1950 Delaware Ave. was likely built c. 1840, based its architectural style and apparent method of construction. The building is located on the west side of Delaware Ave. on a large rectangular parcel located about 750 ft. from Delaware Park, about 200 feet north of Middlesex St. and 1000 ft. south of Bedford Ave. A large two -story residential structure, also known as 1950 Delaware Ave. is located on the same parcel, less than 10 feet from the rear of the building. This structure was built in 2004, and is not included in the proposed landmark designation. Descr iption The structure is an excellent example of a pre -Civil War Greek Revival vernacular farmhouse. The Greek Revival style, and similar vernacular versions of the style, was a dominant style of domestic architecture in America between 1830 and 1850 (McAlester, 1997). Based on its style and architectural features, it is likely that it was built circa 1840. It is a simply styled front - gabled two -story house is set on a rusticated stone foundation. It is covered in a bevel lap wood clapboard siding that is believed to be original. The roof is a non- original asphalt shingle material. The east (front) elevation is separated into three bays, with original nine -over -six double hung wood windows found on the first floor and six - over -one double hung wood windows on the second floor. An original six -lite glazed and wood panel door is found on the northeast corner of the east (front) elevation. The door is surrounded by a simple, yet elegant, transom and sidelites with small, even, and rectangular openings; a common feature of the Greek Revival style. The west (rear) elevation is also separated into three distinct bays. Only one of the four existing windows (the six - over -six double -hung wood window found on the second floor) appears to be original. Three one -over -one wood windows are also found on the west (rear) elevation. The first floor also has an original four - paneled wood door, and another wood door covered by a metal storm door that is likely not original. 13 09102/2008 The north (side) elevation is separated into three bays and has three original six - over -six wood windows (one on the second floor and two on the first). The window opening at the northwest corner has been covered with wood. The south (side elevation) also has three bays and has one original six -over -six double - hung wood window, one non - original window that appears to be either aluminum or vinyl, and one non - original aluminum window. History and Significance The house was located on land owned by Bronson G. Rumsey as a part of a large tract of land owned by the Rumsey family that extended from Delaware Park to north of Amherst St. By 1890, the land was known as the Niagara Stock Farm, and was listed in city directories by this name. The owners of the farm were listed as Bronson C. Rumsey and William H. Gibson. In 1890, Rumsey resided at 132 W. Tupper, where he lived with his wife and children for a number of years. The residence of William H. Gibson is not listed in city directories around this time, and Gibson may have been an out -of -town investor. It is likely that the "Pan Am House" was utilized by head caretaker of the farm and his family. In 1890, The Niagara Stock Farm did not have a street address; its general location was described in city directories. Prior to 1890, the house may have been listed under the address 292 - 359 Delaware Street. The 1872 city atlas refers to a nearby business address, "The Delaware House ", which was a saloon located at the corner of Delaware Ave. and Amherst St., as 291 -365 Delaware St. 1880 U.S. Census records list William Temfileoil, his wife Agnes and four young children as residents of 292- 359 Delaware St. Temfileoil's occupation was listed as "farmer ". The house was likely occupied by the farm overseer and his family until the land was leased by the operators of the Pan American Exposition in 1901. 1950 Delaware Ave. was located just inside the boundaries of the 1901 Pan American Exposition. The event highlighted the social, cultural, and technological advances of the Western Hemisphere that was held in Buffalo from May 1, 1901 until November 2, 1901. The Exposition drew approximately 8 million visitors from around the world, and the Exposition grounds covered a 350 - acre area of Buffalo. Most historians regard the Pan American Exposition as a major event in the history of the City of Buffalo and the region; not only for the size and scale of the event, but because the event was associated with the death of President William McKinley, who was murdered in Buffalo after making an appearance at the Exposition in September, 1901. According to the book Symbol and Show: The Pan- American Exposition of 1901 (Fox, 1987) and local folk history, 1950 Delaware was used as a part of the Indian Stockade exhibit and was covered in bark to simulate a longhouse. The stockade was located near the Six Nations 14 09102/2008 Indian Exhibit and overlooked the U.S. Government Grass exhibit and a canal landing. At the stockade, visitors could purchase Indian goods such as tools, dolls, and utensils. Following November, 1901, the lease for the lands where the Exposition came to an end, and its ownership was returned to the Rumsey family. Gradually, much of the land north of Delaware Park was subdivided and sold, and by 1904, 1950 Delaware, or 1800 Delaware Ave., as it was known at the time, was purchased by Frederick Jackeft. According to U.S. Census records, Jackett was born in England, and lived in the house with his sister and four young children. In 1910, his profession was listed as "laborer". By 1916, 1800 Delaware St. appeared on Sanborn Fire Insurance maps with a small T-- shaped one -story wood structure located just to the west (rear). Three other smaller structures were located adjacent to it. These buildings were used to store ice and coal as the Hertel Ice & Coal Company, which first appeared in city directories in the early 1930s. The Hertel Ice & Coal Company was owned and operated by Federrick Jackett until about 1950, when the business was taken over by his sons, Howard and Wesley, who renamed the business the Hertel Fuel Co. and operated it at least another ten years. Wesley Jackett resided in the main house during this period. The original T- shaped structure located behind the house was demolished by 1 935, and another one -story wooden structure was built to house the business. That structure was demolished by 1961. The Hertel Ice & Coal Company was likely an important business in the rapidly developing residential and commercial areas of North Buffalo beginning in the 1910s. Coal was an important commodity for everyday life as the newly built homes of Buffalo had coal furnaces, instead of the wood - burning brick fireplaces and cast iron stoves found in earlier homes. The first steel coal furnace was introduced in 1885 by David Lennox and furnaces located in the basements or first floors of homes transported either warm air or warm water or steam through ducts or radiators throughout the house. Coal- fueled furnaces were the dominant heating method for American homes until shortly after 1935, when gas and oil -fired furnaces were developed and became a dominant heating method. Conclusion 1951 Delaware is significant to the history and culture of Buffalo because it represents at least four distinct periods of the history of North Buffalo- a period of rural landscape and farming, the period of the Pan American Exposition, and the period of subdivision and rapid residential and commercial growth of the area beginning in the 1910s. Its site now compromised by nearby residential and 15 09/02/2008 commercial development, the "Pan Am House" serves as reminder of the history and development of North Buffalo and the City of Buffalo as whole. Criteria for Designation In accordance with Section 337 -15 of Buffalo Charter, the Preservation Board shall, upon such investigation as it deems necessary, make a determination as to whether a proposed landmark, landmark site or historic district meets one or more of the criteria identified in the Charter. The "Pan Am House" located at 1950 Delaware Ave. meets the following criteria: (1) It has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. The "Pan Am House" located at 1950 Delaware Ave. is representative of the Pan American Exposition held in Buffalo in 1901 and of the subdivision of land and the subsequent development of North Buffalo following the Exposition. (2) Its location is a site of a significant local, state or national event. The "Pan Am House" located at 1950 Delaware Ave. is located at the site of the Pan American Expostion held in Buffalo in 1901. 5) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials. The "Pan Am House" located at 1950 Delaware Ave. is a good example of a pre - Civil War Greek Revival farmhouse. (9) It is a unique location or contains singular physical characteristics that make it an established or familiar visual feature within the city. The "Pan Am House" located at 1950 Delaware Ave. is a familiar visual feature of the North Buffalo neighborhood because it one of few, if not the only, remnant of the Pan American Exposition of 1901 in this neighborhood. Additionally, the "Pan Am House" located at 1950 Delaware Ave. has sufficient integrity of location, design, materials and workmanship to make it worthy of preservation. Bibliography City of Buffalo City Directories, 1890, 1904, 1935, 1960 Fox, Austin. Symbol and Show: The Pan American Exposition of 1901. Buffalo, New York: Western New York Wares, Inc., 1987. G.M. Hopkins and Co. 1872 Atlas of the City of Buffalo, Erie County, New York. Philadelphia, Pennsylvania, 1872. McAlester, Virginia & Lee. A Field Guide to American Houses New York, New York: Alfred A. Knopf, Inc., 1984. Sanborn Fire Insurance Company. 1916 Sanborn Fire Insurance Map Philadelphia, Pennsylvania, 1916. Sanborn Fire Insurance Company. 1935 Sanborn Fire Insurance Map. Philadelphia, Pennsylvania, 1935. U.S. Census Records, 1880. 09102/2008 U.S. Census Records, 1910. urn ��■ ■ �� F } Y - I 1' .f u j ��. a ,�'. 5"tg 1 d _. 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R.v I =.Y, rz. ,, _ .. ,.. z •. ,..... ...... ,, r.. . _ .._,. ..,. ..., .�..,. �.. .... _.. .. .. e ;1 s 1 :iz f ` ,, Q h���- ��•� �,� �f " K ahl e ;, rat .r ,a< y¢k .s! � ?fsi � } �i y `Sa�3 •�� � la���b'�� hf1 y"" EV fa 1 I If elE�' EE Plil�r�iE �� ti�;•••� >s 17 F'.I i 1 MM q F F1 ,� ,. ��sR °�� y r � l�.e r j --- -� ■ Ni .\ y> ■ 26 0 Pa"A ,,./ cF 4- X E, (q35 saviborn Fife, in5uuckou.- LA http://sanbom.umi.com.gate.lib.buffalo.edulsanbom/i-rnage/fetchimage?state— ny&reelid=re 4/23/2008 6� L - — — - - - - — — - 5004, 11 g cF 4- X E, (q35 saviborn Fife, in5uuckou.- LA http://sanbom.umi.com.gate.lib.buffalo.edulsanbom/i-rnage/fetchimage?state— ny&reelid=re 4/23/2008 27 1872 Atlas of the City of Buffalo, Erie County, New York 09102 /2008 09102/2008 Form LS -1 Page 1 of 3 Application for 1LandmmarklLandmark Site: The "Heath House" located at 76 Soldiers Place Buffalo, New York Buffalo Preservation Board 901 City Hall Buffalo, New York 14202 Telephone: (716) 651 -5029 Fax: (716) 851 -4368 Instructions to Applicant: The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete: a) Three (3) copies of this application; b) One complete set of quality photographs, (Preferably 8" x 10 "), of all exterior elevations of the building. Interior photographs may also be submitted, c) A site plan, map or survey that indicates in sufficient details what buildingg /properties are being proposed for designation; d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result in an incomplete application and delay the review process: * *** check in the amount of $500.00 made out to the City of Buffalo Preservation Board must be submitted at time of application for non -owner occupied structureslsites, 09/02/2008 Please provide the following on the property for which landmark consideration is requested. 1. Address of Site 76 Soldiers Place 2_ Name of Property (if any) Known as the "Heath House 3. Name of Present Owner Nancy Elwood Schmidt Owner Address 16 Knollwood Lane City Williamsville Zip 14221 Contact person Note: if property Is in multiple ownership, list the namestaddresses of other persons having legal or equitable interest in property; 4. Has the owner, if other than applicant, been contacted? Yes X No If yes, is owner to favor of landmark designation? Yes No Unknown X If yes, submit a signed state mentlaffidavit by owner supporting Designation. 5. Present use of property Residential 6. Year of Construction _ _ 1904 Information Source Buffato Architecture: a Guide 7. Architect Frank Lla d Wright Information Source Buffalo Architecture: a Guide B. is property endangered? Yes No X. If yes, explain: NIA 30 09/02/2008 9. Please describe the architectural, historical, geographical and cultural significance of this landmark and/or landmark site_ Attach additional pages if necessary. Please indicate the sources of information. (See attached pages) 10. Please attach any additional material which might be useful in considering the site for landmark designation, i.e.; newspaper clippings, magazine articles, photographs, etc. Please list below, which of these materials you would like returned, If you would like to present additional materials at a meeting of the Preservation Board, please indicate nature of such materials, (see attached pages) 11. Name of Applicant: Buffalo Preservation Board Address 901 Ci Hall City Buffalo Zip 14202 Phone 716 851 -5028 1 hereby certify that the information contained herein is true and correct to the best of my knowledge__ , Signature of Ap John Laping, Acting Chair, Buffalo Preservation Board 31 09/0212008 Descri tion and Si nificance The Heath House is described as a two -story brick and stone residence built between 1903 and 1905 in the Prairie Style. The Heath mouse is considered a precursor to Wright's renowned Robie house built in Chicago in 1909. Through the turn of the century, Wright's distinctively personal style was evolving, and his work in these years foreshadowed his so- called "prairie style," a term deriving from the publication in 1901 of "A Howie in a Prairie Town" which he designed for the Ladles' Home tome Journal. Prairie houses were characterized by low, horizontal lines that were meant to blend with the flat landscape around them. Typically, these structures were built around a central chimney, consisted of broad open spaces instead of strictly defined rooms, and deliberately blurred the distinction between interior space and the surrounding terrain. The Heath House is located at 76 Soldier's Place, at the corner of Soldiers Circle and Bird Ave. near Granger's Place. It was built for William H. Heath and his wife, Mary Hubbard Heath. Hubbard Heath was the sister of Elbert Hubbard, a former Larkin Company Executive who retired in 1893 to establish, a few years later, the Roycroft Arts and Crafts community in nearby East Aurora, New York. Mr. Heath, a Chicago attorney, had come to Buffalo in 1899 to work as a lawyer for the Larkin Soap Company. He soon became the Office Manager and later, a Vice President of the Company. Heath was a loyal client and friend of Frank Lloyd Wright, and traveled with him to Japan in 1905. The Heath House is different from the other Wright Houses in Buffalo in several respects. The lot is long and narrow, different from Wright's favorite cross -axial scheme. Wright placed the house right up against the sidewalk in order to provide the maximum enjoyment of the yard and woodlot. Wright's interest in spatial openness caused privacy issues in this case. His piers, cantilevered roofs, and bands of windows would enable passing strangers to peer into the house, so Wright made several shifts in elevation from the street level, as evident from studying the interior layout. Inside the house, the chimney mass is placed in the near wall of the living room, effectively screening the room from public view. In a more typical prarie house, Wright would have positioned the fireplace and chimney near the intersection of the major spaces of the houses, as he did in the Davidson, Boyton, and Martin Houses. Elaborate art glass windows are located in halls, landings, and other less primary spaces on this side of the house, which also assist in screening and providing interior privacy. The interior of the house opens outward to the Lincoln Woods area located to the south. The area was once park -like, but is now developed with modern housing. The main entry of the house is quite confining and leads to a reception area. Wright utilized screens of thin oak slats to create an Asian inspiration. Overhead moldings and art glass lights lead to the living room. The fireplace is the main focal element of the living room. The simplicity of the fireplace is contrasted with 32 09102/2008 an elegantly decorated art glass- fronted bookshelf that was removed in the 1920s. At the rear of the house, there is a stable and garage, designed as an apartment dwelling by Frank Lloyd Wright in 1911. Criteria for Designation In accordance with Section 337 -15 of Buffalo Charter, the Preservation Board shall, upon such investigation as it deems necessary, make a determination as to whether a proposed landmark, landmark site or historic district meets one or more of the criteria identified in the Charter, The "Heath House" located at 76 Soldiers Place meets the following criteria: (1) It has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. The "Heath House" located at 76 Soldiers Place was built during the period of Frank Lloyd Wright's activity in the Buffalo area. Wright's "Buffalo years" began in 1903 when Wright designed the Larkin -Soap Company Administration Building on Seneca Street. He designed the Prairie -style Darwin Martin house for a Larkin Company executive. The adjacent George Barton house was designed for Martin's sister and her husband. He designed a house for William R. Heath, a lawyer and Larkin company executive who was company president John Larkin's brother -in law. The Walter Davidson house was designed for another Larkin executive. Wright also designed Graycliff in 1926, the Isabelle and Darwin Martin summerhouse at Lake Erie in Derby, south of Buffalo. (4) It is identified with a person or persons who significantly contributed to the development of the city, state or nation. The "Heath House" located at 76 Soldiers Place is identified with William and Mary Hubbard Heath, who commissioned the house and were its first owners. 5) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials. The "Heath House" located at 76 Soldiers Place was designed in the Prairie Style. The Prade style is marked by horizontal lines, flat or hipped roofs with broad overhanging eaves, windows grouped in horizontal bands, integration with the landscape, solid construction, craftsmanship, and discipline in the use of ornament. (6) It is the work of a master builder, engineer, designer, architect or landscape architect whose individual work has influenced the development of the city, state or nation. 33 09/02/2008 The "Heath House" located at 76 Soldiers Place was designed by master architect Frank Lloyd Wright, who is a nationally and internationally recognized designer. (7) It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant. The design, detailing, and materials of the "Heath House" located at 76 Soldiers Place embodies the "Prairie Style ", the architectural style developed by Frank Lloyd Wright. Additionally, the Heath house is considered a precursor to Wright's renowned Robie house built in Chicago in 1909. Additionally, the "Heath House" located at 76 Soldiers Place has sufficient integrity of location, design, materials and workmanship to make it worthy of preservation. Biblio ra h Banham, Reyner, et. al. Buffalo Architecture: A Guide. Cambridge, MA: MIT Press, 1981. Mahoney, Patrick. Tour Script: the William Heath }-louse. McAlester, Virginia & Lee. A Field Guide to American Houses New York, New York: Alfred A. Knopf, Inc., 1984. 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ViSY ^.sv-m%TY`4' "Mx'.:ri.YXl'�FIF Gr�Y: ^J';lS.:'.'T ° -� _nti t i, t�{ t •�� I � 1 � 4 li 111 . a I _ - a�+'�v�:'�a:..:eaura::�_: - _: mss:.^^. era.' errsn;xec�.�= :. ^a•.�c.�r.^.rx. c_ �.- �- n�. a.' r,[ rr�-^" �rim�azx,= �: w. �. r^:.•:e.*.:•t'^.,'�....r�.rrs:� v�. ca','•' e��cr^ M. xr. wx: c: x� ':.n,.rc,,v�ea:.ca:.sp. =��: ter.. - a�,•, mCkYdlxr"C.Tt'�za "u^.5 ewt:u•: = ':�'.^ 0 0 0 0 0 w 163 West Side 53 Wi6tiam R. Heath House, 1904 -1905 76 Soldiers Place Architect: Frank Lloyd Wright (Detail photo shows stairwell window.) William Heath was a lawyer who served as of- fice manager and eventually as a vice - president of the Larkin Company. Mrs. Heath was the sister of Elbert Hubbard, a former Larkin Com- pany executive who retired in 1893 to establish, a few years later, the Roycroft Arts and Crafts community in nearby East Aurora. The Heath commission presented Wright with the problem of situating a substantial prairie house, with its characteristically open structure, on a deep, narrow lot alongside Bird Avenue. In order to ensure a measure of privacy, Wright placed the house right up against the sidewalk (thus opening the rear of the house to a private 164 lawn), elevated the principal living spaces well West Side above the eye level of passersby, and treated the broad chimney, tiny entry, and stained -glass windows as screening devices. Privacy does prevail, although the splendid window patterns seem to draw attention rather than avert it. The Meath house is a precursor to Wright's renowned Robie house in Chicago (1909) where, on a similarly narrow streetside lot, Wright struck an even more daring balance be- tween cantilevered roofs and subtly adjusted screening mechanisms. _ r CY1 R ` estern New Yorkers have long 3 considered Buffalo to be a treasure trove of American archi- tectural forin. One of its crowning jewels is the venerable 1901 William R. Heath House, located at 76 Soldiers Place at the intersection of Bird Avenue and Soldiers Circle in Buffalo, NY. it is privately owned. This masterwork of Frank Lloyd Wright's early "Prairie Period" is charac- terized by dramatic, continuous flowing horizontal lines of brick and concrete organized along a single elongated axis. The house is sited close to the street, parallel to and above the sidewalk. The north elevation, facade of the house, con- taining the entrance, presents a massive 192 -foot exposure along Bird Avenue. The entrance area is indicated by a single colossal circular urn set off against a stark blank brick wall. The urn projects fonvard and upward as a symbol of welcome and hospitality. The design of the Heath House was a complete expression of Wright's prin- ciples of organic architecture. The broad projecting eaves of the house culminate in the cantilevered veranda roof that dramatically projects out beyond the masonry tivalls below. The distinctive art - glass windows of the house are consid- ered to be among Wright's best. Unique to the pattern of the Heath House Heath House urn. North elevation of the winiam R. Heath House, Buffalo, NY, i SHERWIN GREENBERG PHG[u, . i 4 s4 9, , I L t l Map showing the location of she death House (darker red) at Soldiers Place Circle. NEW CFNTUAY ATLAS OF GREATER BUFFALO. 1915, windows are horizontal lines joining several adjacent windows into an integrated hor- izontal continuity. The vistas from the home's living room and master bedroom frame . the circular intersection of three major parkways of Frederick Law Olmsted's Buffalo Park and Parkways system. The large 15,500 -- square -foot house stands on a lot that is only 68 feet deep. The south elevation of the Heath House originally looked out upon an open landscape called Lincoln Woods. William R. Heath, a prominent lawyer and a Larkin Company vice president, commis- sioned the distinctive house in 1903. Heath was born in 1863 on a farm in Boone County, Illinois. He worked briefly as a teacher before attending law school. He obtained a law degree from Northwestern University in Evanston, Illinois. Soon after establishing a practice in Chicago at the age of 25, in 1888, he married Mary Hubbard. Mary Hubbard was the sister of Elbert Hubbard, the eventual founder of the Roy - croft Arts & Crafts colony in East Aurora, N.Y., who was then a partner of John D. Larkin in the Larkin Soap Company. A sis- ter of Itlary Heath and Elbert Hubbard, Frances Hubbard was married to John D. Larkin. The Heaths had a total of five children together: Horton, Paul, Evelyn, William T. and Clark. The youngest son, Clark, had the distinction of carrying a familiar middle 09102/2008 Fall 2006 WESTERN NEW YORK t1Ea[TAUE 29 MIAM name — Wright. The middle name was a tribute to the close friendship that was developed between architect, client and friend. In 1899, the Heath family moved to Buffalo where William became person- nel director at the Larkin Soap Manu- facturing Company. Soon after, he was named an office manager and legal adviser. He then became vice president of the Larkin Company and its sub- sidiary companies including Buffalo Pottery, the Buffalo Leather Company and Greensburg Glass Company. William Heath was an intellectual. He and Mary held weekly readings and discussions of Ralph Waldo Emerson in their home. It is now generally known that Heath was the source of most of the mottoes inscribed in the spandrels and other surfaces of Wright's Larkin Build- ing. For example, "Honest Labor Needs No Master; Simple Justice Needs No Slaves." During Heath's 33 -year resi- dence in Buffalo and East Aurora he was prominently identified with many citric movements and institutions. Following his retirement from the Larkin. Company, Heath became an executive officer and treasurer of Elmer E. Harris &. Co. in Buffalo, a franchisee of the Tidewater Oil Co. better known as Tydol. It was because of Heath's involve- ment in the company that Wright was encouraged to design a series of gas sta- tions for the Tydol Company. Currently, one of Wright's many concepts of a gas 30 station for Western New York is being built on the site of the Buffalo Trans - portation - Pierce Arrow Museum in downtown Buffalo. (For more information on the Gas Station, see Heritage Sumter/ Fall 2003 Issue. ) F K L `' VURMINT Frank Lloyd Wright was already well established in an independent architec- tural practice by the turn of the century, having previously worked under Joseph Lyman Silsbee and the "Father of the American Skyscraper' — Louis Sullivan. Wright's Oak Park Office was turning out several impressive residential struc- tures that gained much attention in the world of art and architecture, including the 1901 Ward Willits House in the Chicago suburb of Highland Park and the substantial 1902 Susan Lawrence Dana House of Springfield, Illinois, William R. Heath's familiarity of the young architect's work was enhanced, no doubt, by his brother -in -law, Elmer Andrews, who was the general contrac- tor on Wright's 1902 J. J. Walser House of Chicago. The Walser House is an important predecessor, and some con- sider a fraternal twin, to the 1903 Delta and George Barton House of Buffalo, located on the grounds of Darwin D. Martins Jewett Avenue Estate. The major project in what Wright biographer Grant Manson has termed the 'Buffalo Venture" was the Larkin WRSMUTH PHOTO, 1911 Administxation Building. While it is now debatable how Darx-vin Martin came to stumble upon Wright's work, one can assume that Mr. Heath provided some direction. Heath's confidence in Wright was demonstrated when he became the first Western New Yorker to commission Wright to design his residence. The Barton and Heath commissions were built simultaneously under the direction of the same general contractor, O.S. Lang. (The homes share several of the same subcontractors and suppliers including: Walbridge & Co. Akron Shingle and Linden Glass Co. who pro- duced the art -glass windows for both commissions.) As early as August of 1903, cost over- rides of construction at the Heath House put the project in jeopardy. In an excerpt from a letter from Frank Lloyd Wright to his friend and patron Darwin Martir dated the 22nd of August 1903, Wright wrote: Like the Darwin 1\ 1 1artin House Wright planned every facet of the design of the Heath House including furnit PC art -glass windows and doors and li;h° fixtures. Not only did this add substaaf tially to the design integrity of the livir" Heath House exterior from the northeast. 50 environment, it also added much to the overall cost of the commission. Stagger- ing cost and estimates that far exceeded the budgetary allowarice of many clients were very common with Frank Lloyd Wright. Getting details promptly to the contractors, so that they could execute Wright's wishes in a tirntly fashion, was another frustration for most clients that added to the cost - averages associated with executing a Wright design. Wright had many expressions to minimize such'short- comings; to paraphrase one, "Luxuries come first, necessities take care of them- selves." Darwin D. Martin, a friend of Heath and one of Wright's most loyal clients, once reflected on Wright's habit of overspending his clients' money. He wrote to Wright on December 30th, 1905 and offered him several suggestions to live by. 1st. Follow the precedent you have already established lot yourself in the. Unity Church, of building within the appropriation, or approximately, not as in Mr, heath's case, way beyond, or in my case, way, way beyond. 2nd. Fix your plans. 3rd. Bake adequate dravdngs and specifications. I am oware that you never agree with me that you have tailed on this point... but, the stubborn fact remains... 4th. Be punctual. Though the heavens full, be punctual. Delays of months running into years are killing. Only an unlimited supply of enthusiasm will live down such adverse conditions. (Courtesy of the LlMvursity Archives, onjversiry at Butielo.) As the Heath House commission carne to a conclusion, a housewarming party was set for late December of 1904. The society pages were a -buzz and the warming became an important social affair. In a letter from Retirement Tever Looked so g ood Perfect for active, independent seniors looking for a carefree lifestyle. 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Specializing in the areas of multi - family housing finance and community development, LBD has extensive experience in a wide range of areas, including: U Low - income Housing Tax Credit U Historic Rehabilitation Tax Credit * Brownfield Tax Credit HUD -FHA Programs State & Local Housing Programs Ct Brokerage Services © Section 8 Portfolio Reengineering HUD Mark-To-Market Program * Non - Profit Transactions rr Tax - Exempt Bond Financing CJ Land Sales / Acquisition /Development /Assemblage For more information, call David Fedak, President of LBD, at 716- 835 -3382. 1 X LAND BANKING & DEVELOPMENT, INC. 105 Kenville Road Buffalo, NY 14215 716- 835 -3382 Fall 2006 «IFsrERN NEW YORK HFR1TAGE 31 LR O the general contractor for the Heath and the Martin commissions, O.S. Lang wrote enthusiastically on December 17,1904: 51 /02/2008 WASMUTH PORTFOLIO, 1E First and second floor plans of the Heath House. Frank Lloyd Wright's response to Lang was indirect. Mr. Wright sent a brief note to Darwin D. Martin asking Martin to offer to Lang his apologies. In an excerpt from the letter by Wright to Martin, Wright wrote, the 28th December 1904: The opening of the Heath House in 1904, prior to the completion of the Martin complex, offered Western New York, and indeed the world, a look into Wright's genius on an opulent scale. Most every facet of the home's interior spaces were executed in high Wrightian manner offer- ing the very best in the prairie school style and Arts 8& Crafts detailing. In Wright's major commissions, he was known to design every object of a home's interior. In this regard, the Heath House was certainly among his grandest. Wright's office executed for the Heaths many exquisite details for decorative glass sconces, hanging light fixtures, dining room furniture, built -ins, bedroom sets, library tables, assorted chairs and even a piano design. The completed Heath House was a tour -de- -force in VVright's body of work. The "Buffalo Venture" of Wright's early career received much of his undivided attention. Other commissions of the same year have been noted to suf- fer as Wright offered his Buffalo clients the very best he was able to "shake out of his sleeve." The Heath commission gave Wright a steady cash flow that entitled the Heath family to a masterwork. The Heath House is built at a larger scale than most of Wright's Oaf: Park commissions. It is definitely larger than Darwin D. Martin's brother's home. The William E. Martin House of Oak Park, built the same year as the Heath House, was known to have not received the same attention offered to the projects of his brother Darwin. The preferential treat- ment is evident from the fact that Dar%vin Martin kindly shipped the dining room furniture meant for the Barton House to his brother William in Oak Park out of concern that William did not get any basic furniture designs for his home and was offered a completed, but emp house. Wright had informed William tl he was simply too busy on the Buff commissions to get to those details. Vertical wall sconce from the Heath F at Taliesin. PATRICK MAHONEY P THE �E K LET 52 The long rectangular mass of the house, close to the street, with the main floor raised above the sight lines of passers --by, contains a full basement. It is often cited as a forerunner to Wright's famous 1907 Robie House in Chicago. The red bricks of the Heath House are the same color, size and texture as those used in the Larkin Administration BAd- ing. They are probably from the same manufacturer. Like most of the 'Wright homes of the period, the front door is somewhat con- cealed. It is placed at a right angle to the street in a solid brick-wall that adjoins the solid brick massing of the chimney. A secondary front door for the children and servants is harder to find, as it is set into a darker maze --like crevasse deep in the facade. The front: portion of the house contains a veranda with the rear facade terminating where servant rooms were once located. In 1911, a separate garage and carriage house were joined to the main structure by a cohered, but open, Nvalkwa1 to the rear of the home. A 1940s SEE WHAT'S OUR DOORS Discover how Elmwood Franklin School's enriched academic environment and small class size can prepare your child for scholastic success, personal growth, and a lifelong Iove of learning. if you are the parent of a student in pre - school through eighth grade, please join us at our Open House —and get ready to experience a school beyond your expectations. Contact Elaine Acker at i One of a pair of parallel ceiling lights in the vestibule of the Heath House, approximately six feet long. SHERWIN GREENBERG PHOTO, 2006 Fall 2006 WESTERN NEWYORK HERITAGE 33 5'% remodeling eliminated the opening an created an entrance into a doctor's offnc The Heath House is an introspect; urban dwelling. The interior is rich i detail and subtle in execution. As or enters, spaces are revealed to be contir ual in nature, fluid and open to or another, with sightl€nes extending beyor the limits of a single adjoining space. Fe spectives and views merge in all conse utive areas or rooms. The floes= of tt principal living space, simultaneous) extends into the dining room, halltivai ar veranda. Wright blurs the boundaries of room by removing walls between spaces that adjoining areas seem to ebb and ftc into the nett zone. The connection of the entrance fc >' with the higher main floor is subtle m -�( by the use of a large ceiling medallion` wood molding, incorporating tie-in pa:I let art -glass lay-lights. As the Dan 1'Iartin House is a portrait of the cli �r so too is the William Heath hour Heath was a tall inan and a book logs The ceilings, usually quite lon' N houses, are high and con able for a tall person. Heath's living roc 'X A Interior view looking from the Living Room through the Hall into the Dining Room of the Heath House. Note: the series of art -glass bookcase door surmounted by a horizontal sequence of art -glass windows; the massive oak library table and the fireside armchair; the hanging art - glass ligi fixture (one of four corner lamps); vertical wall sconces are visible in the hall and in the dining room. WASMUTH PHOTO, 19 Gross wall sconce ;rorn the Heath House at Taliesin. COPYRIGHT 2006 THE FRANK LLOYD v FOUNDATION, TALIESIN VlEST. SCOTTSDALE, AZ 54 is unique in Wright's designs as a com- bination living room and library. The fiery heart of the house, and the heart of this magnificent room, is the fireplace with a simple, but monumen- tal, rectangular slab of sandstone. The large dominant rectangle of the fireplace is part of the grammar of the house, on its rectangular site. Wright created a grand balance between the heaviness of the massing of the simple red sandstone fireplace and the intricate delicacy of the bank of art -glass bookcases on the oppo- site wall. One could almost imagine how light flickering from the fire allowed the iridescent opulence of the glass on the bookcase doors to seem to shimmer and dance on the faceted surfaces. Separat- ing these two key elements in the same room was an elongated rectangular Library table that anchored the room and repeated the grammar of the house. The long solid table with its multi -post legs mimics the house and site, with the inter- play of horizontal lines and exterior piers that stand out from the corner of the structure. A similar detail is seen in the abstract pattern of the multiple art -glass windows strung above the bookcases. Once again, the corners of the pattern resemble the way the pier clusters stand out from the corners of the house. The decades from the mid -1940s to early 1960s was a time of much flux and change to the original design of the Heath House. Exterior changes were plentiful. Walls were removed, altered, lowered and sometimes completely relo- cated. Built -in flower-boxes were elimi- nated. The eaves were rebuilt and scaled back. An interestingly designed and detailed copper rainwater receiver at the (continued on page 38) nR ALL YOUR REAL ESTATE NE`Eo NOBODY KNOWS BUFFALO LIKE WE KNOW BUFFALO! ...After more than 140 years in business in Buffalo and and commercial properties in Buffalo and throughout the Western New York area, it's more than just a slogan. Western New York. Gurney, Becker & Bourne is a Full - service Real Estate and Insurance Firm founded in 1864. Since our origin, the firm has been prominently associated with the development, sale and leasing of significant residential Our sales strength is attributed to longterm knowledge- able sales personnel who understand, are involved with and live in the community the) serve. GURNEY BECKER & BouRNE Reat Esrme & Insurance 560 De laware Ave., Suite 200 Buffalo, New York 14202 Ph: 716-849-1234 Fx: 716. 849 -0407 E- \43iL• ebbCpce.ner Vlebsire: xvc"v gbbourue.eom Q gkcher 1664 R>"N1. E9a_a & LNsUIZ.aNcE s u Fall 2006 WESTERN INEW YORK HERITAGE 35 One of a series of five extant horizontal art -glass windows above the former bookcase area in the Heath House. SHERWIN GREENBERG PHOTO, 2006 EGGERTSVILLE DELAWARE DISTRICT ORCHARD PARK HAMBURG 55 (continued from page 35) top of each corner pier has completely disappeared. A large picture window was clumsily cut into the south facade. A few 38 other windows were added in the former servant's apartment, changing the rhythm of the 'Wright- designed Con necting; window elements. Two distinct buildings — the 1901 Heath House and its 1911 NVright- designed Carriage House &. Stables — were joined together, forever altering the designer's intention and the look of the facade. Interior "modernizing" included the lightening of the interior trim and wood - work of the entire home. Rooms that once reflected a palette of warm autumn hues were painted a stark white. Many original furnishings were removed dur- ing this time period and sold. Some bed- room furniture was dispersed at a garage sale. Other decorative objects were donated to the Goodwill. The removal of the bank of Wright- designed book- cases and art - -glass doors from the library/living room for the aforemen- tioned picture window was an unfortu- nate change that occurred during this time period. A minor fire in the late 1940s resulted in the destruction of sev- eral priceless art -glass windows and forced an alteration to a few bedrooms, as well as the dining room. In the earl) 1960s, recently widowed Olgivanna Wright, Frank Lloyd Wright's third wife, accepted the don2- 3 tion of several Heath I decorative elements at Taliesin. This donation included approximately one dozen wall sconces, three hanging art -glass fixtures and up to three pairs of art -glass win - dows and doors. The Taliesin collection of Heath House artifacts is second only to the Nlartin House collection of Heath House artifacts. The Martin House Restoration Corporation now owns the complete dining room set from the Heath House including the table, chairs, a buffet and a formerly built -in china cabinet complete with three intact art - glass doors. A few other Heath House artifacts are now in private collections. The prominently photographed library table is still in existence in Hawaii. Even though it has been altered and cut into two end tables, it still can be restored. A side chair that was stolen from the Roycroft a few years ago rernains missing. An oak living roorn armchair fared much better and was sold at a December 2003 Christie's Auction in New York for a record 589,625. Certainly, because of the accessibility of several of these original objects in museum collections, it would be possible to repro', duce the missing \Yright design element and return there to a completely restored Heath House. The second floor stair hall, with a massive rectangular banister and prominent corner piers and a complete set of horizontally joined art -glass windows, is a major intact Wright design. SHERWIN GREENBERG PHOTO. 2006 56 H H0V5 �E T 0 T Y: a fiB I k- d%B !'ile" i 1 9 I 7°yam'! 1 What still remains at the Heath House are some of the best spaces and most complex window designs of Wright's career. The Heath windows have a unique significance. For the first time in Wright's career, he created a harmo- nious, horizontal composition of a con- tinuous principal pattern that extended i in i tx I i• i across several planes. t vvrliae vvr igrlt did create a connecting window design com- position in the 1900 B. Harley Bradley House of Kankakee, Illinois, those win- dows had a vertical element, whereas the Heath House windows emphasize the horizontal and stretch across as many as The original dining room table from the Heath House is in the collection of the Martin House Restoration Corporation. COURT ESY OF THE UNIVERSITY ARCHIVES, STATE UNIVERSITY OF NEW YORK AT BUFFALO E C 0 4 Hanging Lamp from the Heath House at Taliesin. COPYRIGHT 2006 T HE FRANK LLOYD WRIGHT FOUNDATION, TALIESIN WEST, SCOTTSDALE, AZ 09/02/2008 I Rt - LLV I U VV 1 3 RAY( L I r.. r E S T A T E Major Restoration Now in Progress DAILY GUIDED TOURS By Reservation Only - Standard Tours S 10 716- 947 -9217 20 mins. South of Buffalo on the cliffs of Lake Erie 6472 Old Lake Shore Road, Derby NY VISIT THE PAVILION GIFT SHOP Wright Books • Jewel - Decor Ask about Sat. in -depth "Architecture Tour" and discount joint- ticket offer for � G !7 r � ayc ll iff & Martin House Tours ® MQZ.l B[il✓E,I1. Gf2YCl:fi I OJ` S2G =G ��� _ ❑lataiy .'3fPS °:li��'J Bank Fall 2006 1U STERN NEW YORK HERITAGE 39 THE HATURAt HOUSE THE GENIUS Of AR(HITE(TURE THE BEAUTY 0E NATURE R OO- s- - ............ Ar The original dining room table from the Heath House is in the collection of the Martin House Restoration Corporation. COURT ESY OF THE UNIVERSITY ARCHIVES, STATE UNIVERSITY OF NEW YORK AT BUFFALO E C 0 4 Hanging Lamp from the Heath House at Taliesin. COPYRIGHT 2006 T HE FRANK LLOYD WRIGHT FOUNDATION, TALIESIN WEST, SCOTTSDALE, AZ 09/02/2008 I Rt - LLV I U VV 1 3 RAY( L I r.. r E S T A T E Major Restoration Now in Progress DAILY GUIDED TOURS By Reservation Only - Standard Tours S 10 716- 947 -9217 20 mins. South of Buffalo on the cliffs of Lake Erie 6472 Old Lake Shore Road, Derby NY VISIT THE PAVILION GIFT SHOP Wright Books • Jewel - Decor Ask about Sat. in -depth "Architecture Tour" and discount joint- ticket offer for � G !7 r � ayc ll iff & Martin House Tours ® MQZ.l B[il✓E,I1. Gf2YCl:fi I OJ` S2G =G ��� _ ❑lataiy .'3fPS °:li��'J Bank Fall 2006 1U STERN NEW YORK HERITAGE 39 THE HATURAt HOUSE THE GENIUS Of AR(HITE(TURE THE BEAUTY 0E NATURE 57 w Art -glass from a pair of Heath House bookcase doors was installed in Taliesin, Spring Green, Wi. PATRICK MAHONEY PHOTO The china cabinet was built into a recess between two sets of extant art -glass doors in the dining room. One set is pictured here. SHERWIN GREENBERG PHOTO, 2006 The original dining room China cabinet from the Heath House is owned by the Darwin Mar_in� Restoration Corporation_ COURTESY OF THE UNIVERSITY ARCHIVES, STATE UNIVERSITY OF NEV YORK AT 8UFFALC? 09/02/2008 six window sashes and then continue around a corner to include even more windows that are intercon- netted. The master bedroom had a total of 10 win - y dows creating one continuous composition. The master bedroom windows disappeared from the house in the early 1960s and have not yet been found. Fortunately, two rear bedrooms have the same pat- tern. Reproductions can someday be installed to restore this important feature that once faced the parkway circle. The current owner of the Heath. House, the longest owner of the home in its long history, has never sold any Wright - designed objects or windows from the home and has lovingly stew- arded the house since taking ownership in the 1960s. Maintenance of g the house is a continual and formidable respon- sibility, Of the more than 40 original windows, doors and skylights that stilt exist, many are in need of immediate repairs. Repair estimates run as high as 55,000 per window. Ideally, the windows should remain in situ with the house as One of the oak living morn Wright intended. armchairs designed for the Heath House (continued on page 42) IN A PRIVATE COLLECTION? Art -glass from a pair of Heath House bookcase doors was installed in Taliesin, Spring Green, Wi. PATRICK MAHONEY PHOTO The china cabinet was built into a recess between two sets of extant art -glass doors in the dining room. One set is pictured here. SHERWIN GREENBERG PHOTO, 2006 The original dining room China cabinet from the Heath House is owned by the Darwin Mar_in� Restoration Corporation_ COURTESY OF THE UNIVERSITY ARCHIVES, STATE UNIVERSITY OF NEV YORK AT 8UFFALC? LOLN (fontiweedfiom page 40) For this reason alone, the expense of preserving the art -glass windows, the future of the house seems uncertain. In a joint effort with the owner of the Heath House, a nonprofit Friends of the Heath House volunteer organization is being formed to help with future preser- vation efforts. At this time, the Heath House will retrain in sympathetic private hands. The INlission of the Friends group, which is being formed by some of the same founding members of the Graycliff Conservancy, is to help protect the design elements of the Heath House for future generations. Someday, in the far and distant future, it may be possible that this outstanding masterwork could be operated as a house museum, thus creat- ing in Western New York the largest concentration of Wright Masterworks open to the public. Until that day, per- haps years from now, it will be important to preserve those elements that remain. 09/02/2008 To this end, the current owners must be commended for the excellent attention they pay to the house. It does remain in good hands. Upstairs study. Solid oafs sliding pocket doors at the head of the stair hall open to reveal another intact major Wright - designed space witn a fireplace. A stunning sequence of horizontally unified art -glass windows wraps around three walls. Built -in radiators are concealed p ene a t z of window ledge. The sideboard from the Heath house dining room is also in the collection of the Martin Hm'5`• Restoration Corporation. COURTESY OF THE UNIVERSITY ARCHWES, STATE UNIVERSITY OF NEW YORK AT BUFFALO 59 On the surface of the large medina sandstone fireplace the following anony- mous quotation, undoubtedly chosen by William Heath, is incised; The Beauty o, f `Me House is Order The Blessing of the House is Contentment The Glory of the House is Hospitality The Crown of the House is Godliness A true `Blessing" would be the com- munity embracing this masterwork, as it has the Martin House and the Grayclif£ Ri y SEPT. 15 -OCT. 1, 2006 A timeless musical classic and the story of forbidden love. MARI W OCTOBER 7 -15, 2006 The wedding event of the year returns: A hysterical celebration! NOV. 17 -DEC. 10, 2006 A Christmas tale about a trusting friendship and a little girl's belief in Santa Claus. 09102/2008 OCTOBER 6 -15, 2006 The whimsical cadence of Dr. Suess comes to life, with an appearance by the Grinch. OCTOBER 19 -22, 2006 Diabolic seduction and terror converge in this saga of suspense and triumph. A NOVEMBER 2 -5, 2006 A drop -dead funny Irish wake dinner theater! RTllbWsE DECEMBER 2 -17, 2006 This "do not miss "heartwarming Christmas Classic returns to Lancaster: F eaturing Original AM&A's Animated Window Displa Extended hours for shopping ivith pillage Merchants & Restaurants Holiday Concerts and Daily Events, Shows and Visits from Santa tall 2006 WESTERNT NEW YORK HERITAGE 43 A single window of the pendant diamond design is seen at the rear entrance of the William R. Heath House. SHERWIN GREENBERG PHOTO 2006 w - NOVEMBER 11, 2006 to JANUARY 8, 2007 This Holiday Season the Village of Lancaster will be transformed into.- vvnere OuldyOL other be rowsing than Oifilff fit 4iw irAL K300 ILIEV(Sis 11.13003KCS J r Z E N :, > OCS 1 q IWI. 4 yz, 10 R HOUR 1 pit 101 ate O all! la A S'l Vill! VON " - mm } :r £ r 3°' - rte.• - �i 'kA Mal iR g, mmm ........................ ..................... ....... . . . . . . . . . . . Tito 0 70 IN HUM k — �, �� t 'tA F4 1 k IN - 1 MO A 'I V A NMI oil - K AA �;K la 4 p NO w -N, J, 1 an ft A.20% -tng w, Z_ 1 PAO A im 40��RGUOKUX R 1 0 0� maw m SEEMS% W Nj Elf P1 0 go MEMO vonvideavesbooksnorm m 09/02/2008 Form LS -1 Page 1 of 3 Application for Landmark/Landmark Site: The "Davidson House" located at 67 Tillinghast Place Buffalo, New York Buffalo Preservation Board 901 City Hall Buffalo, New York 14202 Telephone: (716) 851 -5029 Fax: (716) 851 -4388 Instructions to Applicant: The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete: a) Three (3) copies of this application; b) One complete set of quality photographs, (Preferably 8" x 10 "), of all exterior elevations of the building. Interior photographs may also be submitted; c) A site plan, map or survey that indicates in sufficient details what building /properties are being proposed for designation; d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result in an incomplete application and delay the review process: * * ** check in the amount of $500.00 made out to the City of Buffalo Preservation Board must be submitted at time of application for non -owner occupied structures/sites. 1� 09102/2008 Please provide the following on the property for which landmark consideration is requested. 1. Address of Site 5T Tillin hast Place 2. Name of Property (if any) Known as the "Davidson House" 3. Name of Present Owner. Russell Maxwell Owner Address 312 Summer Street City Buffalo Zip_14222 Note: If property is in multiple ownership, list the namesladdresses of other persons having legal or equitable interest in property: 4. Has the owner, if other than applicant, been contacted? Yes X No If yes, is owner in favor of landmark designation? Yes No X If yes, submit a signed statementlaffidavit by owner supporting Designation. 5. Present use of property Residential 6. Year of Construction 1908 Information Source Buffalo Architecture: a Guide 7. Architect Frank Lloyd Wright Information Source Buffalo Architecture: a Guide 8. Is property endangered? Yes No X If yes, explain: 63 9. Please describe the architectural, historical, geographical and cultural significance of this landmark and /or landmark site. Attach additional pages if necessary. Please indicate the sources of information. (See attached pages) 19. Please attach any additional material which might be useful in considering the site for landmark designation, i.e.; newspaper clippings, magazine articles, photographs, etc. Please list below, which of these materials you would like returned. If you would like to present additional materials at a meeting of the Preservation Board, please indicate nature of such materials. (see attached pages) 11. Name of Applicant Buffalo Preservation Board Address 991 City Hall City Buffalo Zip 14202 Phone 716 851 -5029 hereby certify that the information contained herein is true and correct to the best of m know ledge. Signature of Applicant 09/02/2008 .John L.aping, Acting Chair, Buffalo Preservation Board 64 09/02/2005 Description Significance The Davidson House is described as a two -story wood and stucco residence designed by architect Frank Lloyd Wright built in 1908 in the Prairie Style. Through the turn of the century, Wright's distinctively personal style was evolving, and his work in these years foreshadowed his so- called "prairie style," a term deriving from the publication in 1901 of "A Home in a Prairie Town" which he designed for the Ladies' Horne Journal. Prairie houses were characterized by low, horizontal lines that were meant to blend with the flat landscape around them. Typically, these structures were built around a central chimney, consisted of broad open spaces instead of strictly defined rooms, and deliberately blurred the distinction between interior space and the surrounding terrain. The Davidson House was commissioned and built by Walter Davidson in 1908. Davison came to Buffalo to join the Larkin Company as an executive in 1906. The Frank Lloyd Wright - designed Barton, Heath, and Martin Houses had all been built for executives of the Larkin Company. The two -story stucco house carries many prairie -style features, including a broad, flat chimney over a low- pitched, hipped roof, and wide soffits under projecting eaves that shelter clear leaded glass windows. The ground - hugging, horizontally spreading, tightly interknit cross -axial configuration presents itself as a three - dimensional entity with no primary elevation. The secluded main entrance at the front of the house was typical Wright, as was the low entryway. In these respects, the design is similar to two other existing Frank Lloyd Wright houses, the 1908 Isabel Roberts House in River Forest, Illinois, and the 1909 Frank Baker House in Wilmette, Illinois. The Davidson House is located near the middle of the residential street, Tillinghast Place, located in the Parkside National Register of Historic Places District. Famed architectural historian Henry Russell Hitchcock described the Davidson House as "the finest Wright house in Buffalo is of wood rather than masonry and has therefore a lightness and articulation which the others lack. The cross - shaped plan is here more boldly developed so that the chief rooms have three exposures, while the two -story living room has the height so frequently lacking in Wright's interiors." Interior Description One enters a two -story living room with cathedral ceiling and a wall of diamond - shaped leaded glass windows rising from low cabinets to the ceiling. This is one of Wright's "Tall Living Room" homes where the art glass windows are 1 112 stories high. The living room was directed to the side of the house, giving a view of the surrounding woods, although when a home was built on the lot next door quite close to the lot line, the view was lost. 65 09102/2008 To the west of the living room, the house divides into two stories that are in turn divided into multiple floor levels. According to Buffalo Architecture: A Guide, "Spatial grandeur is cleverly played off against intimacy, while even the smallest of spaces is opened up through Wright's use of banded window sequences." Criteria for Designation In accordance with Section 337 -15 of Buffalo Charter, the Preservation Board shall, upon such investigation as it deems necessary, make a determination as to whether a proposed landmark, landmark site or historic district meets one or more of the criteria identified in the Charter. The "Davidson House" located at 57 Tillinghast Place meets the following criteria: (1) It has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. The "Davidson House" located at 57 Tillinghast Place was built during the period of Frank Lloyd Wright's activity in the Buffalo area. Wright's "Buffalo years" began in 1903 when Wright designed the Larkin Soap Company Administration Building on Seneca Street. He designed the Prairie -style Darwin Martin house for a Larkin Company executive. The adjacent George Barton house was designed for Martin's sister and her husband. He designed a house for William R. Heath, a lawyer and Larkin company executive who was company president John Larkin's brother -in law. The Walter Davidson house was designed for another Larkin executive. Wright also designed Graycliff in 1926, the Isabelle and Darwin Martin summerhouse at Lake Erie in Derby, south of Buffalo. (4) It is identified with a person or persons who significantly contributed to the development of the city, state or nation. The "Davidson House" located at 57 Tillinghast Place is identified with Walter Davidson, a Larkin Company executive, who commissioned the house and was its first owner. 5) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials, The "Davidson House" located at 57 Tillinghast Place was designed in the Prairie Style. The Prarie style is marked by horizontal lines, flat or hipped roofs with broad overhanging eaves, windows grouped in horizontal bands, integration with the landscape, solid construction, craftsmanship, and discipline in the use of ornament. (6) It is the work of a master builder, engineer, designer, architect or landscape architect whose individual work has influenced the development of the city, state or nation. 66 09102/2008 The "Heath House" located at 76 Soldiers Place was designed by master architect Frank Lloyd Wright, who is a nationally and internationally recognized designer. (7) It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant. The design, detailing, and materials of the "Davidson House" located at 57 Tillinghast Place embodies the "Prairie Style ", the architectural style originated by Frank Lloyd Wright. Additionally, the "Davidson House" located at 57 Tillinghast Place has sufficient Integrity of location, design, materials and workmanship to make it worthy of preservation. • •0 t Banham, Reyner, et. al. Buffalo Architecture: A Guide Cambridge, MA: MIT Press, 1981, Mahoney, Patrick. Tour Script. the Walter Davidson House. 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" � � - �. � - � •_� r� - s I { r a t- � Jm s : y } I CRC-SCIENT AV, Pa U4/� /2008 A IE J Th-LINGHAST PL- I fAW) nY -- 7 I L- I I if �� yY — �4� ��i �..� ` �._.,t rpe faff � rya =Hr:Y.,.,.�� € l f _1 "f�� 'rte {, "� f k � €'� l .''- . - =a F � j I U I N 1 s J http://sanbom.u,mi.com.gate.lib.buffalo.edu/sanbom/image /fetchimage?state=ny&reelid=re 4/23/2008 J ,206 North Park and Central Park i 8 Walter V. Davidson House, 1908 57 Tillinghast Place Architect. Frank Lloyd Wright (Detail photos show exterior of living room ,hay and living room interior-) Wright designed this house for a Larkin Company executive, Walter Davidson, who joined the company in 1 908 and left both the company and the house in 1913 in order to establish the Davidson Shoe Company, The house has a number of prairie house features in common with the Darwin D. Martin house, but its stuccoed wood construction and colorless glass are indicative of a relatively modest budget. With this in mind, Wright seems to have traded material richness for the non - material possibilities of space and light- The unobtrusive exterior of the house gives little indication of a two -story cathedral -like living room illuminated by a huge bay window at the east end of the room and by the clerestory win - dows along the north and south walls, West of the living room the house divides into two stories, which are in turn divided into multiple floor levels. Spatial grandeur is cleverly played off against intimacy, while even the smallest of spaces is opened up through Wright's use of banded window sequences. Additional rooms were added to the garage in the 1930s in a manner that closely follows the style of the original house except for the arched passageway that leads through to the back yard. (0 O N N O O 00 70 BUILDING - STRUCTURE INVENTORY FORM DIVISION FOR HISTORIC PRESERVATION NEW YORK STATE PARKS AND RECREATION ALBANY, NEW YORK f 518) 474.0479 YOUR NAME: Debra A. Mattice YOUR ADDRESS 9/02/2008 FOR OFFICE USE ONLY LIl*illjlJ C: .71 i L: 1VtJ QUAD SERIES NEG. NO. DATE - August: 7, 1384 37 Congress, Bflo 14213 TELEPHONE (716) 884 -5899 ORGANIZATION (if any): City of Buffalo - Division of Planning IDENTIFICATION I- BUILDING NAME (S): 2. COUNTY: rie TOWN /CITY: Buffalo -- VILLAGE: 3- STREET LOCATION: 4. OWNERSHIP: a. public ❑ b. private U 4, PRESENT OWNER: j d_e� Cnrr�t anr_ ADDRESS: 10 0. USE: Original: ge qjd e_�� Present: - 7. ACCESSIBILITY TO PUBLIC: Exterior visible frorn public road: Yes No ❑ Interior accessible: Explain By �s - - -- DESCRIPTION 8. BUILDING a. clapboard ❑ b, stone ❑ c. brick ❑ d. board and batten ❑ MATI:1tIAL: e. cobblestone ❑ f. shingles ❑ g. stucco Ill other: 1 ). STRUCTURAL a, wood frame with interlocking joints ❑ SYSTEM: b. wood frame with light members (if known) c. masonry load bearing walls ❑ d. metal •(explain) e. ather 10. CONDITION: a_ excellent, b. good ❑ c. fair ❑ d. deteriorated ❑ 11. INT1_GRITY: a. original site b. moved ❑ if so,when? c. list major alterations and dates (if known): 12. PHOTO: ,549 - HP -1 13. MAP: i s t "ej {' 3 ` }d *K- (IK r= 1 C- f 77 09/02/2008 1908 ARCHITECT: Frank Lloyd Wright: BUILDER: 10. HISTORICAL AND ARCMTECTURAL IMPORTANCE: Outstanding example of a Frank Lloyd Wright designed Prairie house. In the Albrigt —Knox Art Gallery's Henry — Russel. Hitchcock's Areni.tectural Exhibition, 1940, Hitchcock wrote; " The finest Wright house in Buffalo is of wood rather than of masonry ans has therefore a lightness nad articulatin which the others lack. The cross shaped plan is here more boldly developed so that all the chief rooms have three exposures while the two story living room has the height so frequently lacking in Wright's interiors." The house was designed by Wright for a Larking Co. executive, Walter Davidson, who joined the company in 1906 and both the company and the house in 1913 in order to establish the Davidson Shoe Comapny. The stuccoed wood construc- tion and colorless glass are indicative of a relatively modest budget. City 21. SOU RCES:Atlas of the Cit of Buffalo. 1894, 1915. (See Continuation Sheet) City of Buffalo- Department of Building Permits: Building Plans (E-20) 1908. Buffalo Courier Express September 18, 19-16, pg. 4. Buffalo Evening News August 9, 1959, pg. 31. 22 THUMF: Residential architecture associated with Parkside development Prairie Style 14 iii 15 TI-1RLATS TO BUILDING: a. nonc known b. zoning ❑ c, roads ❑ d. developers ❑ e. deterioration ❑ f. other: kE:LATLD OUTBUILDINGS AND PROPERTY: a. barn❑ b. carriage house ❑ C. garage Q d. privy ❑ e. shed ❑ f. greenhouse ❑ g. shop ❑ h. gardens ❑ i. landscape features: j. ether: SURROUNDINGS OF THE BUILDING (check more than otte if necessary): a. open land ❑ b. woodland c, scattered buildings ❑ d. densely built-up 0 e. commercial ❑ f. industrial ❑ g. residential h. other: 17. INTERRELATIONSHIP OF 1UILDING AND SURROUTNDINGS: (Indicate if building or structure is in an historic district) This building located in the center of a long curvilinear east --west block is situated on a large size builiding lot: within Olmsted's Parkside subdivision. Single family residences, c. 1915, American Four Square, Craftsman, with moderate size front lawns line this street. The grounds of the Buffalo Zoological Society are located one block to the south. interior features if known): 18. OTHER NOTABLE FEATURES OF BUILDING AND SITE (including Two story Prairie Style . Wide spreading eaves of low pitched hip roof. The plan of house is T shaped.with free spatial .flow between the Living areas. This structure low to the ground and horizontal with windows arranged in continuous bands under the roof eaves. Leaded glass windows with delicate geometrical patterns. SIGNIFICANCE 19. DATE OF INITIAL CONSTRUCTION M 09/02/2008 BUILDING- STRUCTURE INVENTORY FORM DIVISION FOR HISTORIC PRESERVATION NEW YORK STATE PARKS AND RECREATION ALBANY, NEW YORK (518) 474 -0479 CONTINUATION SHEET: PARKSIDE DEVELOPMENT SURVEY SHEET #: I Building Address: 57 Tillinghast Place Public Buildings Inventor Code #: 40 -9a Item 20 (continued) permits, Buffalo, NY listes the cost of the home at $6,000. The unobtrusive exterior of the house gives little indication of a two -story cathedral -like living room illuminated by a huge bay window at the east end of the room and by the clerestory windows along the north and south walls. 4dest of the livin €, room the house divides into two stories, which are in turn divided into multiple floor levels. Spatial grandeur is cleverly played off the intimacy, while even the smallest of spaces is opened up through Wright's use of banded window sequences. Additional rooms were added to the garage in the 1930's in a Manner that closely follows the style.of the original house except for the arched passageway that leads through to the back yard. Item 21 (continued) ; Buffalo Architecture: A Guide @ 1981 pg. 206 79 09102120 09/02/2008 TILLI1vG,-1A S7G wrv p /✓ c, S� M \ /Xrf' o.e,yy�6ST ? C.+�1 xIRSC. hl G Nc1PEJ`G � 1 o.c7 W&1V A ^fJ J�Cff P .4 V I h I a.¢SEA5? �9 7 /1.3J .1 A.a Y /.ad tvj .7 •R da �� tai R 4 . h 9 U] s •70tf1 sT f1.0 4 V Q - /•n W- E.sr - 1 1 fw: SUBLQT-- if f2 BLOC - ___ MAP COVER ROY J. STRALEY SURVEY LOCATE IN THE I.ItCNSED [AND SURVEYOR ND, 31746 c /7-y o,, �LlFi AL c BRISBANE BUILDING SUFFALD, MEW YORK DATE/;FW. f4. /.967 SCALE SUCCILrtart TO J. J. STRALEY AND STRALEY BROS. BOOK & PAGE MAP 3,4 G mcAr. T^K04 NlTN D.r. WrANDAPID AND N.Y. rrArcTUttD rrrr,. TAR,, I CERYFIY T.:S SURVEY WAS — EPAREO IN AEGORD—t n,'- a. nn , --. — - .IAGARA FRO. TIER 411.0 %Q-vc YOR3 A -- AND THE RAR A55 - N OF ERIE EPUNTY, RE" YORK. ' .. - _'"' w'A�3fKG3lSR>.�"WYS"vF Ki:RYieY�7fi. L7C.r �' '^�i.�e.. �.74Frk.. 1. •_ .. . _'�. 1 C OV- y A E cl, - 1 $c• cn v � �� L a' ;l � 1 � t r Fl. �• n t F i0 Vi v N r ' �l G�c yYCJ !i LIYEt CIZ L;L i LCII -1 :Nrr, coaxr:cTio�s :ea /9 . _J rT t dal. •.. ., .�.'. �..�w :, •'aa'u ✓ �... sl - r .a r is [i ..,.... .. :..�..:- ..._..mss..:. <. -. ��. .. �. �.......-..- �.-. �—..-.»......_...-.-_...,,. �.:.-.. �-........:- a=:: .......�.....w...- ._:.zw:.:::.. r....r�.c.....__._ _ 09/02/2008 Form LS -1 Page 1 of 3 Application for Landmark/Landmark Site: "Former School 46" located at 389 Virginia Street and Adjacent Greenspace Known as "Elmwood Park" Buffalo Preservation Board 901 City Hall Buffalo, New York 14202 Telephone: (796) 851 -5029 Fax: (716) 851 -4388 Instructions to Applicant: The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete: a) Three (3) copies of this application; b) One complete set'of quality photographs, (Preferably 8" x 10 "), of all exterior elevations of the building. Interior photographs may also be submitted; c) A site plan, map or survey that indicates in sufficient details what building /properties are being proposed for designation; d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result in an incomplete application and delay the review process: * * ** check in the amount of $500.00 made out to the City of Buffalo Preservation Board must be submitted at time of application for non -owner occupied structures /sites. F e e N Please provide the following on the property for which landmark consideration is requested. 1. Address of Site 389 Virginia St. and the adjac green space known as "Elmwood Park"- the block bordered by South Elmwood Avenue Virginia Street and Edward Street not including the modern sculpture located in the greenspace 2. Name of Property of any) Known as the former School 46 and "Elmwood Park" 3. Name of Present Owner Buffalo Public Schools Owner Address 712 City .Hall City Buffalo Zip 14202 Contact person N/A Note: If property is in multiple ownership, list the namesladdresses of other persons having legal yr equitable interest in property: 4. Has the owner, if,other than applicant, been contacted? Yes X No If yes, is owner in favor of landmark designation? Yes X No If yes, submit a signed statement/affidavit by owner supporting Designation. 5. Present use of property Educational/ Greens ace 6. Year of Construction 1888 -1889 Information Source Cornerstone and Buffalo Board of Education 7. Architect H.H. Little 09/02/2008 Information Source Cornerstone and Buffalo Board of Education 8. Is property endangered? Yes No X 03 Abu If yes, explain: 9. Please describe the architectural, historical, geographical and cultural significance of this landmark and/or landmark site. Attach additional pages if necessary. Please indicate the sources of information. (See attached pages) 10. Please attach any additional material which might be useful in considering the site for landmark designation, i.e.; newspaper clippings, magazine articles, photographs, etc. Please list below, which of these materials you would like returned. If you would like to present additional materials at a meeting of the Preservation Board, please indicate nature of such materials. (see attached pages) 11. Name of Applicant Buffalo Preservation Board Address 901 City Hall City Buffalo Phone _(716) 851 -5029 hereby certify that the information contained herein is true and correct to the best of my knowledge. Signature of Applicant Zip ' 14202. 09/02/2008 John Laping, Acting Chair, Buffalo Preservation Board Historical Significance of Elmwood Park Elmwood Park, the green space between School 46 and South Elmwood Avenue., from Virginia Street to Edward Street, is believed to have been part of the tract along Edward Street from Main Street to Virginia Street, donated by Louis LeCouteulx for religious and charitable use, including St. Louis Catholic Church. In 1850 or 1851, a four -story building was constructed on the site which included the present Elmwood Park, part of the present South Elmwood Avenue and part of the present St. Mary's Square property to house the Buffalo Orphan Asylum which had been founded in 1 837. On the east, the Buffalo Orphan Asylum site then bordered a thoroughfare called Morgan Street. The Buffalo Orphan, Asylum occupied the site from 1852 to 1912 when it moved to 1500 Elmwood Ave., the present site of McKinley High School. At some point between 1912 and 1915 Elmwood Avenue was extended south of Virginia Street diagonally through what had been the site of the Buffalo Orphan Asylum, connecting to a portion of Morgan Street and extending southward. The new extension is known as South Elmwood Avenue, and is shown on Plate 30 of the Atlas of Greater Buffalo, Vol.2, published in 1915. The Sanborn Map of Buffalo in 1925, Volume 1, number 10, shows Elmwood Park and School 46 with the present alignment of streets surrounding the block. One reason for the diagonal extension, northwest to southeast, was to facilitate the new extension of the street -car line. A photograph "circa 1920" of the Elmwood Music Hall, at the northeast corner of Elmwood Avenue and Virginia Street, published in The Buffalo News Nov, 8, 1988, shows Elmwood Park with a circular pond and fountain, trees, shrubbery, lawn, flowers and a park bench. In 2001, under the efforts of the Allentown Association and the Adult Education Center, a restoration effort of Elmwood Park began and has progressed with some additional landscaping still envisioned. The Buffalo Orphan Asylum, after selling the site at 1500 Elmwood Ave. to the City of Buffalo in 1922, occupied a site at Michigan Avenue and Florida Street, and from 1927 until at least 1936, in a remodeled private house at 538 Linwood Avenue. During this period the asylum limited its care to children of less than two years of age, as public policy increasingly placed orphaned children in foster homes. 09/0212008 (Sources include The Buffalo Express, Oct. 30, 1907; The Buffalo Commercial, Aug. 29, 1907; The Buffalo Courier - Express, Nov. 16,1936; The Buffalo Evening News, Nov. 13, 1936;The Allentown Neighbor, published by the Allentown Association„ 2001 to 2007, The Buffalo Orphan Asylum annual report for the year ending June 30, 1922.) M 09/02/2008 Application for Local Unndmq& npSi" atinn 389 Virginia Street, including the green space known as "Elmwood Park" Criteria for Designation In accordance with Section 337 -15 of Buffalo Charter, the Preservation Board shall, upon such investigation as it deems necessary, make a determination as to whether a proposed landmark, landmark site or historic district meets one or more of the criteria identified in the Charter 389 Virginia Street, including the green space known as "Elmwood Park" meets the following criteria: (1) It has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. (3) It exemplifies the historic, aesthetic, architectural, archaeological, educational, economic or cultural heritage of the city state or nation. The land on which the school was constructed was given to the City by Louis Le Couteulx in 1839 for the organization of a school. A small wood building was erected which serviced the children of the Orphan Asylum located at Elmwood Avenue and Edward Street. Several additions were made to the structure to accommodate the area's increased population, leading to the construction of the present structure in 1888. 5) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials. The simplified Romanesque Revival style building exhibits the characteristic rough - faced, ashlar stonework, round arched entrdnce�',Ind window grouping of three rectangular windows. (6) It is the work of a master builder, engineer, designer, architect or landscape architect whose individual work has influenced the development of the city, state or nation. 389 Virginia Street was designed by prominent Buffalo architect Henry Harrison (H.H.) Little. Little was a prominent Buffalo architect who practiced from 1874 until his death in 1917. Little joined a partnership with Eugene L. Holmes in 1878, and together designed one of their largest commissions, the pitch Accident Hospital at the corner of Seneca and Michigan Streets in Buffalo. One of Little's largest independent commissions was the Niagara University Medical College, built in 1884 at 295 Ellicott Street. Other notable works include the Red Jacket Apartments (1894) at Main and Allen Streets, Public School 15 (1884) at Oak and Carlton Streets, and several notable residential structures including the W.W. Sloane Residence at 869 Delaware Ave., the Behn Residence at 90 Norwood Ave., the Kronenberg Residence at 100 Norwood Ave., the Jones Residence at 242 Norwood Ave., and the Forster Residence at 3 St. John's Place. Little was also known for his political involvement in the Democratic Party. He was a founding member of the Cleveland Democracy which backed the presidential campaign of Grover Cleveland, and served as Alderman for the 4 Ward of Buffalo between 1886 and 1887. Additionally, 389 Virginia Street, including the green space known as "Elmwood Park" has sufficient integrity of location, design, materials and workmanship to make it worthy of preservation. 4 k •a �.., ',ra n- � '�` m,,.wf _, .tnm.urs+a.�,�;�, �' a a+ai�na - �"- :��..!r ra.- .wew•� -....� ".. ', y"".r"�•�.,x",„f�_ y„.a"ux _' �t - � �-.� ���s�N I�x — ^ •K 3 „�. .�,. ,R�. 1 k , � r x1� - ! �� IZ -'•a 44 °�h '1r. I: tF 4rf 5 '- w. - �" At ?'.G � - M, � `t y r S: 4 k •a �.., ',ra n- � '�` m,,.wf _, .tnm.urs+a.�,�;�, �' a a+ai�na - �"- :��..!r ra.- .wew•� -....� ".. ', y"".r"�•�.,x",„f�_ y„.a"ux _' �t - � �-.� ���s�N I�x — ^ •K 3 „�. .�,. ,R�. 1 k , � r x1� - ! �� IZ -'•a 44 °�h '1r. I: tF 4rf 5 '- w. - �" At ?'.G � - M, � Manw— nns ............. ::::::: ... . . . . . . . . . . . . . . . 0 7". 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J:.ILt.{!'G /U �`' o�l,d It 1J �acoaoe4 PC •.JU - tv '^ r•�*r- �i �� � �'� . � - --f! -� .� �rvsse� � ,., x c:;al � r .Ls.brai w • < ^1[J i 4 s� ° ss lrznc d f a :r•L v u� �v_ J��` ,} 1 .S irte ur't r L J,la� Ar rj i p. r 8 i H � �� ria+ r • ; ,., � � � ::,�� x � : ?� }� 3ZG"x` �., '� ' -.'ri �J, �^ i f {1 1 E`I ��..« 1y �..� I� - '�I �,�Y 5.,'�I. : � .. v' i "}+, ?. r.,r „F ..<. S. 1 l . �” F r . � 1 �3 P P � A� -.. __ __ �— �...,............�. _• ..._.._ �.r- . .. �-, ;r. -- nG?+�rircM ' .;:s:n�. - -. r_.. ..,._, kx.7._ti.r __µ.• -. -'.,' „. h ' 99 Adult Ed A p t Lens "jung Center PS No. ) Elmwood Avenue and Virginia Street, Buffalo, New York Click on illustrations for larger size Pa t6162 /2008 Architect Date of Initial Construction H.H. Little 1888 See also: Highlights of B uffalo' s I- listo 1888 Historical and The structure is the oldest public school building in Buffalo in Architectural use as a school. Importance The simplified Romanesque Revival style building exhibits the characteristic rough- faced, ashlar stonework, round arched entrances and window grouping of three rectangular windows. The architect H.H. Little was a prominent Buffalo architect having designed school buildings in Olean and Silver Creek, NY. He was also the architect of the Red Jacket building at Main and Allen Streets. The land on which the school was constructed was given to the City by Louis Le Couteulx in 1839 for the organization of a school. A small wood building was erected which serviced the children of the Orphan Asylum located at Elmwood Avenue and Edward Street. Several additions were made to the structure to accomodate the area's increased population, leading to the construction of the present structure in 1888. For several years the school housed students from Central High and Hutchinson High School.. With the construction of Public School No. 76, at 300 South Elmwood Avenue, In 1926, the school was made an annex of Public School No. 36 located at Day's Park and College Street. In February, 1946 the building housed the Veteran's High School for veterans resuming their high school education. The school remained at this site until 1949 when the program was discontinued. During a seven year vacancy the building was vandalized and in 1953 the north wing was damaged by fire. http:// ah. bfn .org/a/elmwd/adult46 /index.html 04/14/2008 1 oo Adult Ed p a 9 6616�/2048 Photos and their arrangement © 2002 Chuck LaChiusa ... Amt Page ...f ..Bu Architecture t ndex ... I ..Buffalo History Index... � -flail ...I .. http://ah.bfn.org/a/elmwd/adult46/index.html 04/14/2008 The building was remodeled in 1955 and reopened as temporary quarters for Public School No. '06, with a remedial reading center occuping the structure in 1957. interrelationship of The school building is located on a triangular block bounded Building and by Virginia Street to the west and north, Edward Street to the Surroundings south and Elmwood Avenue to the east. The building is located within the Allentown Historic District designated in March, 1978. The building's frontage borders Elmwood Avenue, a major north/south thoroughfare in the City. Other Notable The school building is a two and one half story, five bay, Featu aiE Building brick structurewith a two story, one bay, half hip roof wing and Site extending from the south facade and a two and one half story, one bay, gabled roof wing attached to the north facade. The rectangular plan with hip roof features the Romanesque Revival style. The symmetrical facade is divided horizontally by a continuous Medina sandstone lintel over second floor windows and a rusticated stone band course at the basement level. The center and end bays project slightly from the front facade. The structure has a low rusticated stone basement level with brick facing the principal elevations. The central entrance bay with crowning cornice interrupts the main roof lime. Rusticated, regular course stone faces the first floor and features a round arched opening with recessed double doors. A small round arched, 111 light window flanks the entrance to the south. The second and third floor building ends of the entrance bay are decorated with rusticated stone quoins. The pedimented gable end bays with cornice end returns have three part, 111 light windows with rusticated stone sills and lintels. Window fenestration consists of paired straight headed, 1/1 light windows. Bui Materials Stone and Brick S tr u ctural System Masonry load bearing wails Soirees Buffalo Times, January 16, 1927; Buffalo News, January a, 1946. Photos and their arrangement © 2002 Chuck LaChiusa ... Amt Page ...f ..Bu Architecture t ndex ... I ..Buffalo History Index... � -flail ...I .. http://ah.bfn.org/a/elmwd/adult46/index.html 04/14/2008 O O O N N O m O I fF rrn fl 11 F) n I NY 1 f I) C�7 I� xg Cry AZ � 4 �"p u ����� ` {u3mddid hf QI c � d � R il AO fl� dp S1� of d Si V C) r Jfbxdd (7OCA4W7 j 6 b 6L r17J O �� ' 4 0 "5 1 , %0 1 r I ,p 'I d p }� I 1' A = {� �r f. of 1l n � St ti n A a � n g6 tt � n ., n N 1' A = {� �r f. 102 October 1993 1 - Issue . 2 The Adult learning Center 389 Virginia Stmet Buffalo, I�rw York preen Regan - Editor and! Klein - fisst. Editor ula Williams - Eapg Editor od Morgan - Layout Editor By Doreen Regan here quite a long time, well before any of us made our p �' p February of 1946 as School X16 in 1954 debuts into this world. Veteran's High School, -' you wander towards your Catering to young service- -�� It was the year 1$88, men whose military duty � �� N O a time when the education had interrupted their high trl� .. �_t_ system was rapidly enlarg- school education. The quently remained empty ing and developing its school offered an acceler- Center, located on the comer o Virginia and smucture. All across ated program to allow the school began to serve a new u ose. Ito cried in America, one- room'school- veterans to earn their high houses still existed; but in school diplomas as quickly - ihe bigger cities, the need as possible, so they could for larger school buildings qualify for college under was quickly increasing, the GI Bill of Rights. And yes, Buffalo at that As the years passed time was considered a and the war faded into School n4(, Today "big city. Thus, Public School history, School #46 under- went yet another name Adult Education Act. This programs, but a variety of encouraged the Buffalo.. other skffls are taught 46 was erected, and change. In the late 1950's, Board of Education to within the school as well. completed W 1889, It was it became the Reading become involved in The ALC also has over 30 originally an elementary Center, a facility for various adult learning satellites throughout the school, serving children elementary students with programs and citizen - Buffalo area, targeting the from grades kindergarden learning disabilities and preparation. In 1973 School specific needs of the adult through 8th. The first reading difficulties. There #46 adopted its current ' community. principal of the school was were only a handful of title, i:he Adult Learning Even to this day, the named Arthur Detmers. He students, however, since Cefiter. Over the past 20 number of students enter - earned an annual salary of the need for such a service years, the ALC has educated ing this 104 year -old build - 51,300. That may not seem was not very great. Most of several thousand adult ing at 389 Virginia Street like much, but the original the classrooms were virtu- students. Adult Basic Educa- continues to grow, along teachers of School #46 only ally empty, tion, General Education with the Adult Learning earned between 5450 and 5600 per year! In the mid 1960's, Development, and English Center's reputation as a In the late 1930's, the the New York State Educa- As A Second language are top- quality institution. tion law implemented the some of the more popular Have you ever won- school became an annex to dered how the Adult Learn- nearby School #36, which ing Center Came to be? As had more modern facilities, you wander towards your such as a gymnasium. classroom each day, do you School #46 quickly became ever think about whose outdated as more and more voices echoed through the "modernized" facilities halls before yours? were built, and conse- The building which quently remained empty houses the Adult Learning for several years. ' Center, located on the comer o Virginia and After World War H, Elmwood, ha been standing the school began to serve a new u ose. Ito cried in Not long before the opening of School #46 in 1889, most teachers were still teaching in one -room schoolhouses. Their work environment was quite d. ent then, as you can tell from this list: 1872 RULES for These rules, reprinted from an educational journal, show us just how much the teaching, profession has changed since 1872! I. Teachers each day will fill lamps, clean chimneys. 2. Each teacher will bring a bucket of water and a scuttle of coal for the day's session. 3. Make your pens care- fully. You may whittle nibs to the individual taste of pupils. 4. After ten hours in school, teachers may Spend the remaining time reading the Bible and other good books. 5. Every teacher should lay aside from each day's pay a goodly sum of his earnings for his benefit during his declining years so that he will not became a burden on soci- ety. 6. The teacher who performs his labor faith- fully and without fault for five years will be given an increase of twonty -five cents per week in his pay, provid- ing the Board of Educa- tion approves. TEACHER FEATURE By Virginia Collier Valerie Fahey is a unique addition to the Adult Learning Center. She teaches English as A Second Language, Level 4 in the morning session. She is fascinated with the differ- ent cultures of her stu- dents. Valerie says that working at the ALC helps her feel connected to the outside world. She also appreciates the fact that she learns from her stu- dents. Valerie has traveled to japan and Spain. She has taught.English in Tokyo and in Spain. In Spain, she taught workers at the Firestone Company and also taught English in a hospi- tal. Valerie's hobbies include traveling, dancing, and reading. She received her Master's Degree from the University of Buffalo. 1 enjoyed interviewing Valerie. Valaie Fahey selazing is Bali 09/02/2008 BUFFALO ORPHAN ASYLUM 3 T HE BUFFALO ORPHAN ASYLUM was organized on October 15, 1.836, and incorporated April 14, 1837. It is conducted under the supervision of the State Board of Charities with the object of providing a home for orphan and destitute children an €l for furnishing elemen- tary education. THE INSTITUTION HAS OCCUPIED THE FOLLOWING HOMES: 1837 - 1838 —Lower Franklin Street. 1833 -1840— "Opposite Widow St. ,john's stone house on Seneca Street below Ellicott." 1840 - 1345 — Cosner Niagara and Maryland Streets. 1845 -1852— Cornier of Main and Virginia Streets. 38;Pf -iR1" - "6 is in a: SC.refAt, opposite Elmwoo( Avenue. PRUIF3'EN" I'S OF' THE BOARD OF TRUSTEES *CYRUS ATHRARN ... . .................. . .....Elected Jan. 11, 1838 *STEPHEN G. AUSTIN; ....................— Elected June 11, 1839 'ALBERT H. TRAVY ................ -- , ....Elected June 8, 1841 ^GEORGE PALMER - . ........................Elected June 14, 1842 '=PETER CURTIS ...... ........................Elected Juzie 13, 1842. "HERMAN B. POTTER...... ....... . ... . ....... Elected June 9, 1846; "GAIUS B. RICH ........... . .................. Elected June 8, 1847 *RUSSELL H. HEYWOOD ....... . ............. Elected June 13, 1848 "JASON SEXTON.... .......... ........... .E lecteed Jan. 13, 1863 *GEORGE HOWARD ....... . ...................Elected Jan. 20, 1874 *JOFI:4 D. FALL, M.D .. ........................Elected May 4, 1875 'NELSON HOLLAND .... . .....................Elected Oct. 8, 1878 *JOHN DJ FALL, M.D .. ........................Elected Oct. 21, 1873 "JOSEPH B. SWEET ....... . ... . .............. Elected April 5, 1863 *WALTER H. JOHNSON .......................Elected May 4, 1893' CONRAD E. WETTLAUFER ................... Elected Aug. 19, 1915 WILLIAM W. REILLEY .... . ............. . ... Elected July 18, 191.8 *Deceased 0 0 i 0 N N 0 0 OD 104 .vember 8, 1988 The Elmwood Music Hall circa 1920. Paderewsk Played, Volleys Clanged By Nathaniel Gorham Whenever the old Elmwood Music Hall at Elmwood Avenue and Virginia Street is mentioned, as it was in a recent article by Herman Trotter, The News music critic. t never fail to recall an event 1 witnessed in f924 in that ugly, drafty, cold, uncomfort- able, shell -Thin structure, It was the sixth appearance in Buffalo of ignace Jan Paderewski, probably the greatest pianist of his time. While Paderewski's first three appearances in Buffalo in the late 19th century were noted for their musical bril- liance alone, the three appearances he made in Buffalo in 1922, 1923 and 1924 had an added luster. He had become by then a towering hero of the Polish people, having Formed the Republic of Pnland after World After Paderewski's final number, the crowd, in the words of one critic of the day, "surged in great numbers to the stage and applauded so vociferously that the famous Polish artist Leas obliged to present another entire program." Meanwhile, out in Elmwood Avenue. the ranks of a menacing enemy of the concert had assembled — 14 trolley cars waiting Eo carry the concert -goers home. No one drove to concerts in those days; one walked or took the trolley. Paderewski's first encore in his "second" program was Debussy's Reflets dans I'eau. The trolley cars waited patiently, Next came the Spinning Song from Wag - ner's Flying Dutchman. The motormen and the conductors on the street Cars hPonn 2r.:;.bii n;_. but more and more intense as the minutes ticked by. Paderewski played Liszt's Rhapsodic No. 2, which left his audience "breathless." The din from the trolley bells had reached into the hall where the noise from the bells became as loud as the cheers of the Paderew- ski fans. Now it was a struggle between those in- side the hall and those outside_ More de- mands for encores. Paderewski obliged time after time, playing in competition with the street car bells, But the trolley troops were fresher than the great pianist and his idolaters. Two more encores midst the clangor. By then, however, it was time to quit. Managers of the halt and of the concert tumed cut the lights. Only !hen did the audience disperse into fl ,c r�lrl 09/02/2005 VIEWPOINTS .. "'352.•: �. - - __ + ' -'=rte• 4 `y'�'e ..:s F,f 4 I g. Z - : -. s:+ �'�•:jR�~Ly��r".ws`C�~' w - Z y N 1 l e ..: 1.�.� rw�1• a` 3v,°<4� ?�1 `S�r A � %� � F _3 � �. The Elmwood Music Hall circa 1920. Paderewsk Played, Volleys Clanged By Nathaniel Gorham Whenever the old Elmwood Music Hall at Elmwood Avenue and Virginia Street is mentioned, as it was in a recent article by Herman Trotter, The News music critic. t never fail to recall an event 1 witnessed in f924 in that ugly, drafty, cold, uncomfort- able, shell -Thin structure, It was the sixth appearance in Buffalo of ignace Jan Paderewski, probably the greatest pianist of his time. While Paderewski's first three appearances in Buffalo in the late 19th century were noted for their musical bril- liance alone, the three appearances he made in Buffalo in 1922, 1923 and 1924 had an added luster. He had become by then a towering hero of the Polish people, having Formed the Republic of Pnland after World After Paderewski's final number, the crowd, in the words of one critic of the day, "surged in great numbers to the stage and applauded so vociferously that the famous Polish artist Leas obliged to present another entire program." Meanwhile, out in Elmwood Avenue. the ranks of a menacing enemy of the concert had assembled — 14 trolley cars waiting Eo carry the concert -goers home. No one drove to concerts in those days; one walked or took the trolley. Paderewski's first encore in his "second" program was Debussy's Reflets dans I'eau. The trolley cars waited patiently, Next came the Spinning Song from Wag - ner's Flying Dutchman. The motormen and the conductors on the street Cars hPonn 2r.:;.bii n;_. but more and more intense as the minutes ticked by. Paderewski played Liszt's Rhapsodic No. 2, which left his audience "breathless." The din from the trolley bells had reached into the hall where the noise from the bells became as loud as the cheers of the Paderew- ski fans. Now it was a struggle between those in- side the hall and those outside_ More de- mands for encores. Paderewski obliged time after time, playing in competition with the street car bells, But the trolley troops were fresher than the great pianist and his idolaters. Two more encores midst the clangor. By then, however, it was time to quit. Managers of the halt and of the concert tumed cut the lights. Only !hen did the audience disperse into fl ,c r�lrl 09/02/2005 105 sill llafl•i I11 EJi it l[ir"ll. "'1" 1 Gi r.'2 p Tular#ro 21`2 ('i,mar]r)la� "AItlo /02/2000 31t' to Qualif Ave.., b rl:Af rae mla r""I end rml#rrl the Flrr Department. F or College I Ircllillflr; junior s.a ,t. Mar ,r. ,.....Sw. commanding Reer:ue lirl'I 1, In- Prtneip l of the n ew Veterans vend ated and found Lire. UI- ( arlo . mr.mic•onmriot In Fligh S�hcxsl Ft Elltiu'ood and Vir . kitchen (if he lowr,r rear flt at gi , Joseph E gtu d eclared the 13umtl Jive. AddfIt }3hs 'JV4 ix yesterday . than after" an Inhalator er+r►+ ' E ..: . . , E i n the t h r ..ret'Ived wnrkrcl ahr311t 3tl ,rnJnutea. - � l'. weeks of the Coal KAm fumep fro,m a def ►.c- achrx,l's exlnt- tive furnace were blarnell tar ence..h.e ham Firm. I)l('XrIr;m ronrlition. Rho noted a. ",nee_ r rrrarairtr:d at horn• uncles the velour attitude, c-are of a ph y sician. . .•. on the hart of the students." < "Their atten- Clellan, Ala., after which h• r• _.: .`':' "'... ....... _ _- .. tlon is remark- E'tlYvCl , R CI,r71rn1eelMfi &x ., a , Aft-rind . - able," he maid, Drut��nant In' �4lmrnt,' Via : in Jiln." "and they are '.11344 He wan prnrnntrd - to . firist so.' hungry . f lieutenant In i:irliterraber. .194 knowledge that ' f• "rmrr M ajarn InP the instructors f�lnuharl(cd lit F't. 1,ix Ufl Y. t)- ..E. Mufp .. prefer . teaching , ruary 10th, lie r1fow .14"Id i at (ett,+ I there!." rrita<xtr)n an flrrlt neutrtlatit In th.. The new school, which offern ac- Army Remerve ('+,rjrs. ]s f�,r• en ; cvlemted courses and special at- trrini the Array, be IA"Kht Crier!• 1 tention to veterans, was started nnervIal at Fo0wilck Mlalrtrn under the supervision of the City.'" Park And lierinett h1Kh srtux,la: A �. veterans education and rehabilita- graduate of Hauth Paris .114h, h. . tion.progranx,4 enable ntudentm to received h I4 1314 "degree frorn. the complete hlgh sithooi as quickly as Wharton W-hool of . Ylnance. [lrrl• ypss#ble and qualify. for college vermity..of Pennsylvania, and hin under'. the Gr Bill of Rights." - manter's degree front NleKara Uni. SpecW privileges tare granted vermity. to the veterans, who are treater! Murphy and. hin wifr., thr furmar Uke adults and allowed to smoke Jane Bremnahitn _ live at 7!, O'(; in the school basement, said..Mur hell. Ave. phi►. :Tie majority 'of tha faculty Mariy of the:.',:(} veterans attenri of iS saris returned service 'men Ing., the school are marriwi Anil themselves.. many. are, more. than 25 years ol Murphy is acquainted w1W the said. Murphy, Most of thews hasre viewpoints of both the enlisted about a year to go. . 'n-Pro. are ttrlas and the commissioned officer, eight class perio" during the day `. baking aeerved as. n private in the from 8 ;30 a. M. to 5:30 P. M. rn fantry for; 17 weeks tilt P'ta. Mc- Attempting to admit returning Jeterans 1=2 of QIIAIa�Y an quickly star prwolblo. the school - will accept nvw student,t D i>rAUTiFUtt CAGES AND sTA�oa every ten weeks and. If necessary, tSTA CANARSI tritrCH will find larger quarters in iha .. f 4AJV$ !3t AgAtN ZT, future, Murphy said. . t 106 adult46 P M 6/ 1 6�12008 L< G > http : / /ah.bffi.org/a/elmwd/adult46 /source /2.html 04/15/2008 Mir. Golombek moved that the above item be recommitted to the Committee on Legislation, z Elmwood Village --- Their Design Standards in the Charter (Item. No. 51, C.C.P., Apr. 1, 2008) (Item No. 121, 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 the above item be recommitted to the Committee on Legislation. Adopted Recommended by the Committee on Legislation r 'A' , Chairman - TABi nnv t:\wp60\iiisword\niiv\124c9-2c.doc 1 .r) The Establishment of Elmwood Avenue Design Guidelines (Item No. 101, C.C.P., May 29, 2008) (Item No. 127, C.C.P., Sept. 2, 2008) That the above item be, and the same hereby is retuned to the Common Council without recommendation. Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation. Adopted j . Recommended by the Committee on Legislation Chairm, TAB:miv t:lwp60\tnsword\miv \J 276- 2c.doc J Wayshner & O- Security Camera Petition From Cottage St Block ClubPlymouth (ccp# 68, 6124) That the Above item be the same and is hereby Referred to the Special Committee on Police Oversight ADOPTED Recommended by the Committee on Legislation CI S. Radford- Issues of Police Brutality (ccp# 63, 6124) {?' I That the Above item be the same and is hereby Referred to the Special Committee on Police Oversight ADOPTED Recommended by the Committee on Legislation B. Davis -C. Rodriguez - Introduction of Mandate of City's Comm. On Citizens Rights and Community Relations Y' (cc # 37, 6114) That the Above item be the same and is hereby Referred to the Special Committee on Police Oversight ADOPTED Recommended by the Committee on Legislation U 3�19 J'' The Need for A Greater Police Presence in COB (Exe I" Res) � (ccp# 113,4129) J That the Above item be the same and is hereby Referred to the Special Committee on Police Oversight ADOPTED Recommended by the Committee on Legislation c J Utilizing Crimereports xurn /Crime Prev (ccp# 115,4/15) That the Above item be the same and is hereby Referred to the Special Committee on Police Oversight ADOPTED Recommended by the Committee on Legislation C `� Special Committees WATERFRONT DEVELOPMENT MICHAEL P. KEARNS CHAIRMAN M. Kearns - NYSDEC — Lehigh Valley Railroad (CCP# 71, 412) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Special Committee on Waterfront Development q -PO K. Lewandowski- Lehigh Valley Railroad -110 Fuhrm.ann Blvd (CCP# 75, 9/2) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Special Committee on Waterfront Development i 3 ' K. Lewandowski- Lehigb Valley Railroad -110 Fuhnnann Blvd (CCP# 54, 5127) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Special Committee on Waterfront Development Rf s r, ,or L B. Davis -Using Col Ward Pumping Station for Bflo Maritime Museum (CCP# 57, 4/29) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Special Committee on Waterfront Development dal t� FEMA- Final .Flood Elevation Determination (CCP# 59, 4129) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Special Committee on Waterfront Development NYSDEC- National Flood Insurance Program (CCPH 64, 4129) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Special Committee on Waterfront Development D. Katninski- Buffalo Southtowns Connector Project (CCP# 41, 6110) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Special Committee on Waterfront Development c ��1 1 M. Kearns - article Boulevard Alternative Would Give Bflo A Great Place (CCP# 62, 314) That the above item be the same and hereby is Received and Piled ADOPTED Recommended by the Special Committee on Waterfront Development �, Southtowns Connector Project(Exec 1", 2 „a & 3rtd Res) � (CCP# 117, 10116) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Special Committee on Water£Tont Development Request More Information From NYSDOT in Regards to the Southtowns Connector Project (Exe Z" d res) 9 (ccp# 150, 914) That the Above item be the same and is hereby Received and Filed ADOPTED Recommended by the Special Committee on Waterfront Development M. Kearns -M. Dabney -FEMA Program to Update Flood Ins Map ( #46,10130) (CCP# 60,11/13) That the above item be the same and hereby is Received and Filed ADOPTED a R.ecorn.inended by the Special Committee on Waterfront Development RESOLUTIONS Sept 30, 2008 j. # 4 (Rev. 1193) RESOLUTION By: Councilmember Davis SUBJECT: SET PUBLIC HEARING SYCAMORE VILLAGE SUBDIVISION 385, 415, 419, 423 Sycamore and 12, 19 Sydni WHEREAS, the City of Buffalo Urban Renewal Agency and six (6) individual homebuyers have negotiated Purchase Contracts for six (6) homes in the Sycamore Village Subdivision; and; and WHEREAS, the terms of said Purchase Contracts have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land may be approved only after a public hearing with due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marred "Notice of Hearing" in the Buffalo News, no later than the 4th day of October 2008. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 14th of October 2008. J ADOPTED �- # 4 (Rev. 1193) SUBJECT: APPROVAL TO TRANSFER SIX (6) HOMES IN SYCAMORE VILLAGE SUBDIVISION BY Councilmember Davis WHEREAS, the City of Buffalo Urban Renewal Agency has approved the transfer of six (6) homes in the City of Buffalo Sycamore Village Subdivision to six (6) individual homebuyers; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and NOW, THEREFORE, BE IT RESOLVED: 1. 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 following purchasers which is subject to approval of Agency Legal Counsel: Purchaser Address /Sub Lot Sales Price Natalie White 385 Sycamore St. $201,765.00 Lot 3 Latisha M. Barron 415 Sycamore St. $211,261.00 Lot 6 Kevin and Linda Beckman 419 Sycamore St. $206,787.00 Lot 7 Pheland and Lorraine Floyd 423 Sycamore St. $212,348.00 Lot 8 Charles Glover 12 Sydni Lane $211,861.00 Lot 7 Leroyal Jr. and Jacqueline 19 Syddi Lane $205,827.00 Watts Lot 14 CAKIms REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. s C) 73 A Lul d Cm' OPBUFFAIO OFFICE OF STRATEGIC PLANNING ROOM 920 CITY HALL SW 1618 -07 -A 5 YrA1 jolp-F- C NATTHEN5 (2o wim STREET RESOLUTION sponsor: Mr. Davis Re: Shift of Operation into an Empire Zone Whereas: The Martin Group, LLC, which is wholly owned and operated by Tod Martin, has been an advertising and marketing firm located on the second floor of the First Niagara (formerly Greater Buffalo Savings Bark) at 47 Court Street since 2001; and Whereas: The Martin Group currently employs 17 full -time professionals with tv, full -time equivalents; all of whom are residents of the City of Buffalo or its environs; and Whereas: Due to a steady growth in business and the need for the additional staff and more office space, The Martin Group deems it necessary to relocate; and Whereas: The Martin Group had met with members of the Buffalo Economic Renaissance Corporation in order to identify a desirable location within a City of Buffalo Empire Lone; and Whereas: The Martin Group will relocate to 477 Main Street, which is located within a City of Buffalo Empire Zone; and Whereas: The zone property owner will be 477 Main Street, LLC which is wholly owned and operated by Tool Martin. I Now, Therefore, Be It .Resolved: That the City of Buffalo consents to the relocation off he Martin Group .from 47 Court Street to 477 Main Street, which is located in a City of Buffalo Empire Zone. Brian C. Davis Ellicott District Councilmember f i� j�; PASSED ��� 1 . i ���I j��,�' I � i �_ ��� �� By: Mr. Fontana RE SOI.,UIJ ON RE: Endorsement of the City of Buffalo's Application for Buffalo and Erie County Standing Committee Grant Funding Whereas: The NYS Power Authority Relicensing Settlement funds are available for projects promoting the Niagara River Greenway; and Whereas: The City of Buffalo's Department of Public Works has submitted an application requesting $625,000 for enhancements at Times Beach on the Buffalo Outer Harbor; and Whereas: There are no City matching funds needed for this project; and Whereas: The application process requires an approval or endorsement of the governing body, consultation with the Erie County Greenway Commission and application. to the Buffalo and Erie County Standing Committee; and Now, Therefore, Be It Resolved That: the Buffalo Common Council does hereby endorse the City of Buffalo's application for $625,000 in enhancements at Times Beach on the Buffalo's Outer Harbor and does hereby authorise all other actions required or needed to receive the grant, and BE it Finally Resolved That: the City Clerk is hereby directed to send a copy of this resolution to Mayor Byron W. Brown and to the Commissioner of Public Works Stephen Stepniak for executing; all necessary documents for this application. 41 - ---- - ---- --------- - -- RICHARD A. FONTANA VT a ■ # ■ ■�■ � I# � # e ■ #!�! #�a � + |� �>| � ]� .� ■!�� �1� ��. �. BY: MR. FRANCZYK 4f 4'h I':, 3 , y f- � RE: BROADWAY MARKET ADVISORY TASK FORCE WHEREAS: The Broadway Market Management Corporation's (BMMC) vote to terminate its management of the Broadway Market effective October 31, 2008, affords the city a golden opportunity to strengthen and invigorate the Market with effective new stewardship; and, WHEREAS: Recognizing the Broadway Market's extremely important historic role in Buffalo, the Mayor, his staff and Common Council, have been working diligently to bring about positive change to this important city and regional asset; and WHEREAS: Individuals who have expertise in the food industry, business, marketing and community organizing have demonstrated passionate interest to "re- imagine" the Broadway Market as volunteers, as well as expressing a wish to serve on a Broadway Market Advisory Task Force. NOW THEREFORE BE IT RESOLVED: To help the Mayor and Common Council in their efforts to chart a better course for the Broadway Market, I am appointing the following citizens to the Broadway Market Advisory Task Force. Drew Cerza --- Organizer, Buffalo's Annual Chicken Wing Festival 4595 Greenbriar Road Williamsville, N.Y. 14221 Kristen Armstrong -- M.A. in Public Health Policy from Johns Hopkins, thesis entitled "Food Policy in Buffalo Public Schools." Developed pilot program to grow vegetable gardens on vacant lots. 74 Edward Street Buffalo, N.Y. 14202 Ike Gray ---- Owner and Proprietor Ike and BG's BBQ Restaurant 1645 Genesee Street Buffalo, N.Y. 1421.2 Russell Pawlak — Former President Central Terminal Restoration Corporation, current member Buffalo Preservation Board 1.290 Delaware Avenue Buffalo, N.Y. 14209 Thomas Pleban -- Vice President, Calspan Corporation 10 Copper Heights gF Snyder, N.Y. 14226 'l Bobby Horton - owner and Proprietor Subway Restaurant, William Street, Buffalo 356 Carleton Street Buffalo, N.Y. 14204 Amy Kedron — M.A. African Studies, Columbia University. Ph.D. candidate, UB, conducted two -year study on local economic revitalization. National Member of Business Alliance for Local Living Economies. 371 Crescent Avenue Buffalo, N.Y. 14214 Edward Dobosiewicz — Host of nationally syndicated television program "Off Beat Cinema ", Co- organizer Annual Buffalo Dyngus Day Parade 170 Woodward Avenue Buffalo, N.Y. 14214 Steven H. Siegel — Associate Professor, Niagara University College of Hospitality and Tourism Management. 489 Ellicott Street Apt 4 Buffalo, N.Y. 14203 Erwin Rakoczy ---- helped develop Winter Market on Elmwood Avenue and Hertel Farmers Market on Delaware. Manager of Fund Raising events, Brewfest, Wine and Cider Fest, Oktoberfest, Dyngus Day festival. Board Member, Clarence Hollow Farmers Market. 4850 Ransom Road Clarence, N.Y. 14031 Scott Horrigan mm- Business Controller, former Manager of Corporate Development and Financial Analyst, Wilson Greatbatch, Inc. 63 Barker Square Buffalo, N.Y. 14209 Ralph M. Visano — Attorney, New York State Insurance Fund 310 Downing Street Buffalo, N.Y. 14220 Sandra Simpson — Simpson Tax Services, Broadway Market 999 Broadway Buffalo, N.Y. 14212 Irene Wosczak — Broadway Optical, Broadway Market 999 Broadway Buffalo, N.Y. 14212 Michele Lupas — Lupas Meats, Broadway Market 999 Broadway Buffalo, N.Y. 14212 Chris Byrd — Broadway- Fillmore Alive 442 Campus Drive Snyder, N.Y. 14226 Eileen Nowak — Vice President Broadway Area Business Association (BABA), past Broadway Market President 8591 Greenway Court East Amherst, N.Y. 14051 6 rr;,,t�i BE IT FURTHER RESOLVED That the Broadway Market Advisory Board report its findings and recommendations to the Common Council within thirty days. r v1DA. REFERRED TO THE COMMITTEE ON C01 DEVELOPMENT. 01015. RESOLUTION By: Mr. Golombek RE: Request to Hang Banner on Bidwell & Elmwood Whereas: The Buffalo & Erie County Historical Society will be celebrating a new exhibit named Shaking Hands and Kissing Babies; and Whereas: The Buffalo & Erie County Historical Society has shared the stories of Western New York, from the ordinary to the extraordinary since 1862; and Whereas: The Buffalo & Erie County Historical Society has requested to hang a banner approximately two and half feet (2 1 /2 ') wide by twenty five (25') long; and Whereas: Sign Crafter has been chosen to provide the banner and the respective installation; and Whereas: The banner will hang over Elmwood Avenue and will be attached to Cafe Aroma and the light pole in front of McGarrets located just south of the intersection of Elmwood Avenue and Bidwell Parkway; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby requests that the Department of Public Works, Parks and Streets grant the necessary permission to The Buffalo & Erie County Historical Society to install banners near the intersection of Elmwood Avenue and Bidwell Parkway from October 10, 2008 to January 10, 2009. Jo�epGolombek, Jr. sr� R 0111 5 RESOLUTION SPONSOR: Mr. Golombek RE: Council Manager form of Government for the City of Buffalo WHEREAS, public officials, at all levels of government, have the responsibility of providing effective public services at the least possible cost to the taxpayers; and WHEREAS, the organization structure of government, especially at the local level, where vital, basic services are most often delivered, has a direct relationship to how efficiently those same public services are offered and delivered; and WHEREAS, while the council - manager form of government is used in 58% of all United States cities with populations over 100,000, Standard & Poor's has documented the fact 62% of cities with similar populations have an Aaa credit rating; and WHEREAS, the National Civic League has endorsed the council - manager form of government as the preferred form of governance in its model city charter since 1915. WHEREAS, the council - manager form of government models the most effective and efficient private sector organizational structure; combining strong political and leadership of elected officials with strong managerial experience of a professional manager, appointed on the basis of education and experience in managing local government, serving as Chief Executive Officer to implement policy directives of the Council. NOW, THEREFORE, BE IT RESOLVED; the City of Buffalo Common Council does hereby support the creation of a panel of public and private sector representatives to research the adoption of a council - manager form of government for the City of Buffalo, and BE IT FURTHER RESOLVED; The city of Buffalo Common Council recommends the President of the City Council develop a listing of individuals to serve on the Council - Manager Task Force, requesting such names from various elected officials and organizations; for example, the Center for Governmental Research; Syracuse University's Maxwell School of Citizenship and Public Affairs; the Mayor of the City of Buffalo; the International City /County Management Association; the New York State City /County Management Association; the Buffalo Niagara Partnership to mention a few; and BE IT FURTHER RESOLVED; the President of the Common Council of the City of Buffalo will submit this list to the Common Council, who will select 9 -11 individuals to serve on the Council- Manager Task Force, with the understanding this body will prepare a detailed report to the Common Council by a date certain or about January 1, 2009. t Joseph Golombek, Jr. REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORA'T'ION COUNSEL RESOLUTION SPONSOR: Mr. Golombek RE: Exploring Alternate Forms of Government for the City of Buffalo WHEREAS: The City of.Buffalo has had. its Present form of government since the Kenefick Charter Commission of 1927; and WHEREAS: The Charter of 1927 was a direct result of a desire to reform government in the City of Buffalo; and WHEREAS: Since that time a strong mayor form of governirient has existed in the City of Buffalo; and Wt-f1 REAS: The City of Buffalo finds itself with a Control Board overseeing our finances, HUD noting irregularities in our CDBG practices and an increased alienation of our citizens which can be seen by the declining percentage of voters /citizens participating in the election process at all levels of government; and WHEREAS. Government and Politics are so intertwined in the City of Buffalo that we now live in a region that has lost hope for our future, NOW THEREFORE BE IT RESOLVED: That this honorable body begins looking at other ways to manage city government including but not limited to a City Manager type of Government in its various forms, and that this item be referred to an appropriate Committee of the Council for further discussion. QP .' Joseph Golomhek, J.r. REFERRED TO THE COMMITTEE ON E T�EGISLATION ` AND CORPORATION 0OUNSEL i ,k) �Q BY: Mr. Kearns Transfer of Funds Common Council — Legislative That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $6,500 be and the same is hereby transferred from the City Clerk and said sum is hereby reappropriated as set forth. below: From: City Clerk 10220006 — 432004 Engineering & Technical Services $6,500 To: Inventory & Stores ,1-9+09001 -- 4- 1-1 Rental Equipment & Vehicles $6,500 I� lid I 1 0 00108 Urrnr -VT Aran VERSONNFI. A1%AVNnX4VN1T" JII VJIJ V.II.JI AIAl YJL/ Al J.%AL tiJ'VA \A'YJ� Axi. 'v s�irxx�li x 21-- DEPARTMENT OF FIRE 1131 — ADMINISTRATION The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 21 — Department of Tire, 1131 - Administration which currently reads: 1 Administrative Assistant $ 37,648 - $ 42,994 Is hereby amended to read: i 1 Senior Administrative Assistant $ 43,799 - $ 50,664 IT 1S HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position MICHAEL LOMBARDO, COMMISSIONER OF FIRE AND DONNA J. ESTR.ICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. r3 PROv . �z orporation Counsel 09/22/20 8 Attachment SOA y MICHAEL LOM13ARDO COMMISSIONER OF FIRE DONNA J. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE Fire Department Vacancies Budget Account Clerk Typist 26,271 Associate Account Cleric 31,535 57,809 126 payperiods 2,223 x 6 payperiods Savings to date @ 6th payperiod 13,341 Cost Administrative Assistant - Step 5 42,994 Senior Administrative Assistant - Step 1 43,799 Annual Cost 805 'l 1 . Current year savings 12,536 { fd� o� a . 6.J L._j L_ h., BY: Ms. RUSSEL BUDGET AND PERSONNEL AMENDMENT 65 — DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMITS & INSPECTIONS 1150 -•- HOUSING & INSPECTIONS The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 65 T- Department of Economic Development, Permits & Inspections, 1150- Housing & Inspections which currently reads: 1 Senior Coordinator of Permits $ 50,000 Is hereby amended to read: I Director of I- lousing & Inspections $ 65,178 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BRIAN REILLY, COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS & INSPECTIONS AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation. for said position be fixed at the respective amount set forth in the foregoing ordinance. 61 BRIAN RMLLY COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS & INSPECTIONS DONNA J. ESTRICI DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE t PROVE , , ��ORM ]e4A(61 Corporation Counsel . 1221200 fs�.. fit` Attachment SOA BYRON W. BROWN Mayor C ITY OF BUFFALO 17 DEPARTMENT OF ECONOMIC DEVELOPMENT PERMIT" & INSPECTION SERVICES � . ` OFFICE OF THE I3EI'U'I`Y COMMISSIONER BRIAN W ILLY Colntnissioner JAMES C OMF:R ORD, Jr. Deputy COI 11nissioner September 18, 2008 Janet Penksa, Commissioner Administration, Finance & Urban Affairs 203 City hall Buffalo, NY 14202 RE: Salary Ordinance Amendment Dear Janet: We would like to request a salary ordinance amendment to facilitate the creation of one new position in our department as follows: 'I`liat part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 65 --- Economic Development, Permit and Inspection.. Services, 1150 — Dousing and Enforcement which currently reads: 1. Sr. Coordinator of Permits $ 50,000. 0 Director of Dousing and Inspections $ 65,178. Should be amended to read: 0 Sr. Coordinator of Permits $ 50,000. 1 Director of Housing and Inspections $ 65,178. Please call me at extension 4972 with any questions or concerns. Thank you. Sincerely, �— CA-",& James Comerford, Deputy Commissioner EDP:I:S JC /sr CC: I" Deputy Mayor Steve Casey EDITS Commissioner Brian Reilly Donna Estrich, Admin & Finance Director 65 NIAGAita', )f)ARF / 1 CITY f feint. /'BIJI'] +AL0, NY 14202 -3303 /(716) 851-49 1�A \: (716) 951.61242 / 1 "Maff: jconuxfnxcl(u e;eu- hu[lalacor�i Permits Senior Coordinator of Permits Budget 50,000.00 Per payperiod 1,923.08 Savings for 10 payperiods 19,230.77 Cost Director of Housing & Inspections 65,178.00 Annual Increase 15,178.00 Per payperiod increase 583.77 Cost for 16 Payperiods 9,340.31 Ft [ r Current year savings 9,890.46 ��� ',�`6� �.� ,. ;. ,wta�,1 �lx�l� No. By Mr. Smith Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Capt. Dydney Cole By Councilmember Michael P. Kearns Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for By Councilmember In Memoriam for By Councilmember ADOPTED Sept 30, 2008 Tantmatt ('901turit At a regular meeting of'the Common Council of the City of Buffalo, held on Tuesday, September 30" r , the following resolution was unanimously adopted, sponsored by Councilmember Michael P. Kearns: BY: DEMONS A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Luis A. Reyes TOTAL ADOPTED M� BY: DEMONS A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: • Daleylah D. Alhaqq Total: 1 ii t v� r� UNFINISHED BUSINESS Sept 30, 2008 (1 1 P01 J No. LL Intro # 5- Amend Charter in Relation to Areas of Special Flood hazard Within The COB ( #2,7130) ccp# 156, 7/22/08 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Kearns CARRIED RECOVED AND HLED 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 following Civil Service Committee on Finance Committee on Comm.. Dev. Committee on Legislation Special Committees Tuesday, October 7, 2008 at 9:45 o'clock A.M. Tuesday, October 7, 2008 at 10:00 o'clock A.M. Tuesday, October 7, 2008 at 1:00 o'clock P.M. Tuesday, October 7, 2008 at 2:00 o'clock P.M. Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. the event that there is sufficient time given for notification it will be provided. In addition there ma be meetings set up whereby the Ci Clerk's Office is not made aware• therefore unless we receive notice from the respective Chairmen we can only make notification of what we are made aware. No. Adjournment On a motion by Mr. Fontana, Seconded by Mr. mss, the Council adjourned at 2 GERALD CHWALINSKI CITY CLERK Sept 30, 2009