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08-0513-0515pp
} CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, May 13, 2008 AT 2:00 P.M. Present --- David A. Franczyk, President of the Council, and Courj cilmembers: 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 April 29, 2008 were approved. DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [ ------------- ] [MAJ- 5] [ 2/3 - 61 [3/4- 7] * * * * * * 0 * * * May 13, 2008 FROM THE MAYOR May 13, 2008 FROM THE MAYOR - EXECUTIVE DEPARTMENT May 13, 2009 FROM THE OFFICE OF CI'T'IZEN SERVICES COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 2, 2008 l FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: ' Submission of Mont1gy Report- April 2008 The Office of Mlayo , Division of Citizen Services, here by submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Cal and Resoiution Tenter for the rtionfl i of Asir ii 2008, as mandated by Seciion 6- 20(c) of the City of Buffalo's City Charter. This monthly statistical report details the nutf - iber and mature of inquiries, requests and cornpiaini:s received, classified by Councilmatic district. Department Head Name; Oswaldo Mestre Jr. Title: Signature of Department K RECEIVED AND FILED City of Buffalo Citizens Services 218 City Hall STS - SYTEM TOTALS LISTED BY PROBLEM TYPE Calls Between 4/ 1/2008 and 4/30/2008 PROBLEM DESCRIPTION I ! I l� # OF CALLS REQUEST FOR A 35 GALLON TOTE 46 TREES ff 13 REQUEST FOR A 65 GALLON TOTE 83 REQUEST FOR A 95 GALLON TOTE 1,184 ADJUDICATION 78 ALTERNATE PARKING 3 ANIMALS 90 ASSESSMENTS 5 AUDIT FOR NUMBER OF TOTES DELIVERED 90 BERC 1 RECYCLE PROGRAM 164 BUFFALO MUNICIPAL HOUSING 16 BOARD OF EDUCATION 19 BRIDGES 2 BROKEN TOTE 396 BROKEN TOTE REPORTED BY STREETS DEPARTMENT I BULK TRASH 45 ABANDONED CARS (ON STREET) 10 COMMUNITY BASED ORGANIZATION 2 CITIZEN INFORMATION 151 CIVIL SERVICE 5 CUT AND CLEAN CITY LOTS 41 CITY CLERK 12 REQUEST VARIOUS SIZES OF TOTES 28 CURBS 28 DAMAGE FROM PLOWS OR PRIVATE CONTRACTORS 24 SUBSTANCE ABUSE 2 DUPLICATE HOUSING COMPLAINT 15 ELECTRICAL PERMITS 18 FIRE INSPECTION 4 DISPOSAL OF A REFRIGERATOR 13 GARBAGE 317 PROBLEMS WITH 'I `I3E SANIT ATION EMP 46 GGIt_AFFITI 135 GRANT PROGRAMS (TO CORRECT HOUSING 'VIOLATIONS ) 14 HOUSING VIOLATIONS 1,221 EXCESSIVE GARBAGE /TRASH ILLEGAL DUMPING GARBAGE /TRASH 21 QUICK RESPONSE TEAMS 135 PROPERTIES THAT ARE CITY OWNED 165 LARGE TRASH ITEMS NOT PICKED UP 123 LEGAL CLAIM 52 LEAVES IN PLASTIC BAGSILEAVES AT CURB 39 CONTRACTOR LICENSE 8' STREET LIGHTS 217 OLMSTED PARKS 7 PARKING 18 STREET PAVEMENT/REPAIRS 44 STAFF (STREETS DEPARTMENT ONLY) 1 PEST COMPLAINT 89 PICK UP UNWANTED TOTES 50 REQUEST FOR TREE PLANTING 87 HIGH GRASS ON PRIVATE LOTS 3 PLOWING 1 POLICE 316 POLICE EMPLOYEES 23 DAMAGE TO STREET LIGHT POST 25 POT HOLES 686 PARKS 55 PARKING VIOLATIONS BUREAU 16 REQUEST TO HAVE A TREE REMOVED 144 RODENTS 136 UNSHOVELED RESIDENTIAL SIDEWALKS 1 SEWER 50 SIGNS 40 SIDEWALK 113 HANGING SNEAKERS 4 SAVE OUR STREETS PROGRAM 72 PROBLEMS WITH EMPLOYEES IN VARIOUS CITY HALL DEPT I CITISTAT QUESTION 45 REQUEST FOR REMOVAL OF STUMP 160 ST OLEN TOTE 127 STOP SIGNS 26 STREETS SWEEPER 48 TELECOMMUNICATIONS 1 PARKING TICKET DIS PUTES 10 PROBLEM DESCRIPTION # OF CALLS TRAFFIC SIGN AND SIGNAL PROBLEMS 57 TREES ALL T2jCEPT FALLEN OR ON PRIVATE PROPERTY 56 REQUEST TO HAVE A TREE TRIMMED 63 USER FEE 6 HOUSING VIOLATIONS (VACANT) 271 WATER 67 YOUTH 4 Total 8,005 n FROM THE OFFICE OF STRATEGIC PLANNING # 1 (Rev. 1193) SINGLE PAGE TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 6, 2008 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Conditional City Easement Relocation Agreement 1180 Abbott Road - South District PRIOR COUNCIL REFERENCE: (IF ANY) Item No. 53, C.C.P. 04/01/08 and Item No. 31, C.C.P. 04/15/08 TEXT: (TYPE SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, has received a request from 1180 Abbott, LLC (Mr. Chuck Basil) as owner of 1 180 Abbott Road, Buffalo, New York for the City of Buffalo to relocate a recorded City of Buffalo Utility Easement that bisects the subject property (copy of map attached). Mr. Basil's representatives have indicated that Mr. Basil wants to build an automotive sales related buildinglfacility that would cross over the subject utility easement area. The subject property was apparently sub - divided into residential lots in the 1930's. The subject utility easement dates from 1941 and was possibly put in place to service the proposed residential lots, certain of which were never improved as residential lots. In the 1940's the subject property was developed for a single commercial use. This office has contacted the Department of Public Works, Parks & Streets and the Corporation Counsel's Office to review the request. The Department of Public Works, Parks & Streets has advised that no public utilities were ever constructed in the subject easement area, although a title review by the Corporation Counsel's Office indicates the presence of City related sewer lines along both the Abbott Road and Dorrance Avenue sides of the 1180 Abbott Road property. Accordingly, the Corporation Counsel's Office has prepared a Conditional Easement Relocation Agreement for your Honorable Body to consider approving. The Conditional Easement Relocation Agreement protects the City's interests. I am recommending that your Honorable Body authorize the Mayor to execute the Conditional Easement Relocation Agreement in substantially the form as is attached hereto and that your Honorable Body further authorize all action and the execution of all such documents as are necessary to implement, effectuate and facilitate the intent of the Conditional Easement Relocation Agreement. TYPE DEPARTMENT HEAD NAME TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD CARLA A. KOSMERL } DIRECTOR OF ADMIN. & FINANCE , 1LV_F8STRP(_T_EGI PLANNING JPH:plg CJleaselc1180abbottrescind ictyeasement Conditional Easement Relocation Agreement 1180 Abbott Road This Conditional Easement Relocation Agreement is dated as of April , 2008 and is between The City of Buffalo and 1180 Abbott, LLC. Reference is hereby made to that certain written document dated November 21, 1941 entitled "Restrictive Covenants" entered into by the City of Buffalo ( "City ") and Frank H. Arber and recorded in the Erie County Clerk's Office on November 27, 1941 in Liber 3186 of Deeds at page 12. The Restrictive Covenants document, among other things, creates and reserves to the City a perpetual casement over the rear five (5) feet of each affected lot for utility installation and maintenance (the "Reserved Utility Easement "). A portion of the real property encumbered by the Reserved Utility Easement has been purchased on September 12, 2007 by 1180 Abbott, LLC as evidenced by a deed recorded on September 14, 2007 in the Erie County Clerk's Office in Liber 11134 of Deeds at page 6289. 1180 Abbott, LLC has requested that the City consent to a relocation of a certain portion of the Reserved Utility Easement. That portion of the Reserved Utility Easement which 1180 Abbott, LLC has requested the City to allow to be relocated encumbers a five (5) foot wide strip of land at property commonly known as 1180 Abbott Road in Buffalo, said five (5) foot wide easement is shown as the "Conditionally Relocated Reserved Utility Easement Area" on the map attached hereto and made a part hereof as Exhibit A. The five (5) foot wide area to which the Conditionally Relocated Reserved Utility Easement Area is to be relocated is shown on Exhibit A as the Relocated Easement Area. The Relocated Easement Area is a five (5) foot wide area extending across the entire easterlymost property line of the 1180 Abbott, LLC property. The City is willing to conditionally consent to the relocation of the Conditionally Relocated Reserved Utility Easement Area only upon the following terms and conditions. 1180 Abbott, LLC understands and expressly accepts and hereby agrees that the City is making no warranties and or representations whatsoever with respect to the Conditionally Relocated Reserved Utility Easement Area as to whether or not the City or others have utilized, assigned and or otherwise conveyed interests in the Conditionally Relocated Reserved Utility Easement Area. 2. 1180 Abbott, LLC hereby further agrees that the Conditionally Relocated Reserved Utility Easement Area will not be disturbed and or otherwise subjected to any digging and or construction related activity without 1180 Abbott, LLC first having utilized at 1180 Abbott, LLC's sole cost and expense all available utility locator services to determine whether or not there are utility lines and or related utility facilities in, on, near and or under the Conditionally Relocated Reserved Utility Easement Area. 3. In the event that it is determined by the City, 1180 Abbott, LLC and or others that there are utility lines and or related utility facilities in, on and or under (and or within 15 feet of either side of) the Conditionally Relocated Reserved Utility Easement Area, 1180 Abbott, LLC will be responsible at its sole cost and expense for relocating those utility lines and or related utility facilities to the Relocated Easement Area in a manner acceptable to the City in the City's sole discretion and shall be done according to plans and specifications approved by the respective utility companies and or other interested parties and submitted to the City at least 30 days prior to any scheduled relocation activity. Said Relocated Easement Area shall not be subject to any encumbrances, liens and or mortgages which could under any eventuality or circumstance adversely affect the City's or other's easement interest in the Relocated Easement Area. In the event the Conditionally Relocated Reserved Utility Easement Area is relocated to the Relocated Easement Area, 1180 Abbott, LLC agrees that the City and/or others shall have access rights and a temporary work area easement on the 1180 Abbott, LLC property beyond the bounds of the Relocated Easement Area for purposes of installing, maintaining and or replacing utility lines or related utility facilities in or on and or above the Relocated Easement Area. 4. Notwithstanding anything contained herein which could bd construed to the contrary, the Conditionally Relocated Reserved Utility Easement Area shall only be deemed to have been relocated upon the completion by 1180 Abbott, LLC of a permanent building over all or part of the Conditionally Relocated Reserved Utility Easement Area. The City's Director of Real Estate shall be hereby authorized to issue a certificate in recordable form to confirm the actual satisfaction of all the relocation conditions if and when all of the relocation conditions are actually met. 6. The provisions hereof shall run with the land; however the rights of 1180 Abbott, LLC hereunder shall not be assignable and or otherwise transferable without the prior written consent of the City. The City and 1180 Abbott, LLC have executed this Conditional Release of Easement as of the day of 5 2008. The City of Buffalo By 1180 Abbott, LLc By STATE OF NEW YORK ) COUNTY OF ERIE )ss: CITY OF BUFFALO ) On this day of , in the year 2008, before me the undersigned, personally appeared , personally known to me or proved to me, on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, Commissioner of Deeds, Buffalo, New York My Commission expires X1i Notary Public, Erie County, New York My Commission expires STATE OF NEW YORK ) COUNTY OF ERIE )ss: CITY OF BUFFALO ) On this day of in the year 2008, before me the undersigned, personally appeared , personally known to me or proved to zone, on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Commissioner of Deeds, Buffalo, New York My Commission expires Im Notary Public, Erie County, New York My Commission expires Exhibit A. FARM Ch IL ,..[ C N"W aj.. sit 06 jr/,�'� j ri 4 I - ` it cr 1 ..° •� IL so) go •» f , ' f 0�� . • Y i EL ' 70 fox m Rufr �+ � . 3Ep ffl2R i �Mr nr srre Tow f drry Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May b, 2008, be received and filed; and That the Mayor be, and he hereby is authorized to execute the Conditional Easement Relocation Agreement — l 180 Abbott Load, LLC (Mr. Chuck Basil). Passed. 2 TAB : rmv t:Vvp607 mswordlnnvl2c5- 13a.dco a v� do n n 6-4�Aj 00 10"1 # 2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 7, 2008 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Permission to Designate Redeveloper Ellicott Development Company (1093 Group LLC) — Portion of Public Parking Lot at 238 Ontario Street PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) The Office of Strategic Planning has received a request from Ellicott Development Company, 1093 Group LLC, William Paladino, to purchase a portion of the public parking lot of 238 Ontario Street. They are requesting to purchase this property for the redevelopment of a Rite Aide Drug Store on the corner of Tonawanda and Ontario Streets along with parking for their tenant (Dollar General) located at 827 Tonawanda Street. The City of Buffalo will retain the remainder of the parking lot for the possible future redevelopment of former School 60 located at the corner of Ontario and Troy Alley. The Department of Public Works, Board of Parking and Land Use Planning were contacted and there were no objections to the abandonment and sale of the property. I therefore respectfully request that Your Honorable Body designate Ellicott Development Company (1093 Group LLC) 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 protect which shall be submitted prior to closing_ d. Payment of a designation fee of One Thousand Dollars ($1,000.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. e. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, FORM #2 — Page #2 TEXT CONTINUATION RE: Redeveloper Designation Portion i of Public Parking Lot -- 230' Ontario Street May 7, 2008 Compensation and Liability Act of 1980, as amended (C. E. R. C.L.A) 42 USC ss 9601 et seq_: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. f. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from the date the Common Council approves the designation_ g. Upon signing of LDA, payment by the Redeveloper to the City of a non- refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. h. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City will first allow the Redeveloper two (2) weeks to cure by written notice. This designation will expire six (6) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of Ellicott Development Company (1093 Group LLC) as the Redeveloper of a portion of the public parking lot at 238 Ontario Street 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 a portion of the public parking lot at 238 Ontario Street, and forward to the Common Council for final approval of agreements for the transfer of title. DEPARTMENT HEAD NAME: BRIAN REILLY TITLE: CHIEF ECONOMIC DEVELOPMENT OFFICER i Gt l SIGNATURE OF DEPARTMENT HEAD: BR /ms AC • Ise 16¢ Id-6 10 ROYAL AV. f O 424 S ON �� f ;110g v .9 /l/! ': /-A i 46 C C, 7 3 O 424 S ON �� f ;110g v .9 /l/! ': /-A i 46 Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 7, 2008, be received and filed; and That the Common Council approve the designation of Ellicott Development Company (1093 Group LLQ as the Redeveloper of a portion of the parking lot at 238 Ontario Street upon the above terms and conditions. Authorizes the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of a portion of the public parking lot at 238 Ontario Street, and forward to the Common Council for final approval of agreements for the transfer of title. Passed. TAB:rmv t:\xvp60\tnsword\niiv\3c5-13a.dea A1�1� O x � Ala► � � �. ; -� iti•� �1* *�� aFlr �1 �F iF �t �t .* it CIF �t 9l 9F it iF iF iF 1F CIF' . � a A1�1� O x ;tn No r- 0 000 # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 6, 2008 FROM : DEPARTMENT: Office of Strategic Planning ,' J DIVISION: Real Estate SUBJECT: Report of Auction 88 Victoria, 197.33'W Holden Lot Size: 30' x 115' Assessed Valuation: Land $2,600 Improvement $18,400 Total $ 21,000 (Masten District) PRIOR COUNCIL REFERENCE: The Office of Strategic Planning, Division of Real Estate held an auction on September 22, 2007. We received a bid of One Thousand Five Hundred Dollars ($1,500) from Ms. Cynthia Williams of 309 Watson Street, Buffalo, New York 14214 for the single family home located at 88 Victoria Street. Ms. Williams has provided estimates in the amount of Thirty Five Thousand Dollars ($35,000) to repair the property. She intends to repair and occupy the home. A letter of commitment to finance the repairs has been received from the Fillmore -Leroy Area Residents, Inc. in order to bring 88 Victoria into code compliance. The Department of Economic Development and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Ms_ Williams has signed an agreement to purchase the property in the amount of One Thousand Five Hundred Dollars ($1,500) and will commence repair to the property upon the transfer of title and will complete the required repairs within one year from the date of title transfer. The deed transferring title to the purchaser will retain a reversionary interest where title will revert to the City of Buffalo in the event the purchaser fails to complete required repairs within the time frame specified. The purchaser has also agreed to pay for all closing costs associated with the transfer of title. I am recommending that Your Honorable Body approve the sale of 88 Victoria to Ms. Cynthia Williams in the amount of One Thousand Five Hundred Dollars ($1,500). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME TITLE: SIGNATURE OF DEPARTMENT HEAD: CARLA A. KOSMERL DIRECTOR OF ADMINISTRATION & FINANCE OFFICE OF STRATEGIC PLANNING CAK:JPH.ck Resneg88VICTORIA/sales CITY OF BUFFALO REAL ESTATE AUCTION 2007 � TERMS & CONDITIONS OF SALE THE PURCHASER HEREBYAGREES TO PURCHASE THE PREMISES 1NDENTIFIED IN THIS AGREEMENT which was offered for sale at Public Auction, held on September 22nd, 2007, conducted byAuctions International, on behalf of the City of Buffalo, Office of Strategic Planning, Division of Real Estate, upon the following terms and conditions: 1) The Purchaser (or their authorized agent) must immediately sign and deliver a properly completed Terms & Conditions of Sale Agreement, along with a Purchase Offer Agreement, to the Auctions International's (Auctioneer) staff at the sale. The Purchaser will be bound by the terms of said agreements. Requests for assignments, name changes, additional descriptions or other changes made after the date of the auction will be subject to a fee of seventy-five dollars ($75.00), and this fee will be due at the time of the change request. No changes permitted after Common Council-approval. . 2) The successful Bidder will be required to pay a deposit of at least twenty percent (20 %) of the bid price, or four hundred dollars ($400.00), whichever is greater (not to exceed the bid price). Also, a nine percent (9 %) buyer premium, added to the bid price, will also be due, and both of these payments shall made payable to Auctions International (see attached addendum worksheet). Both the deposit and buyer premium will be due immediately after the high bid is struck down by the Auctioneer. In the. event that the winning Bidder fails to place said deposit and buyer premium, the property will be offered to the backup Bidder. All deposit and buyer premium payments must be drawn on U.S. banks, and in the form of cash, money order, or bank cashier's check. 3) All successful Bidders will be required to submit a detailed repair/renovation plan and detailed cost estimate for the repair /renovation to the structure(s) purchased. Proof of financial ability to complete the proposed property purchase renovation plans will also be required. Renovation plans must be submitted to Auctions International, 800 Borden Road, Buffalo, New York 14227, within thirty (30) calendar days after the auction. 4) Proof of financial ability means a letter of commitment, or line of credit from a recognized financial institution; or statement from such an institution, showing sufficient available cash or credit balances to complete the proposed work. ; 5) TheAuctioneer and/or the City of Buffalo shall refuse to transfer title to any person including without limitation, an individual, corporation, partnership, association, limited liability company or vendor (and each of such person's principles, partners, associates, members, etc.) who is not current on all obligations owed to the City of Buffalo, its authorities and agencies, including without limitation, taxes, fees, water bills, sewer rents, user fee and other charges, as of the Settlement Date. The City of Buffalo may also refuse to transfer title to any person who has current Code Violations on other properties owned by such person within the City of Buffalo. If Bidder and/or Purchaser do not comply with the Terms of Agreement of Sale and /or is not current on all such obligations as of the Settlement Date, all monies tendered by the Bidder/ Purchaser shall be forfeited, and the City will re -sell the property. CITY OF BUFFALO REAL ESTATE AUCTION 2 007 TERMS $ CONDITIONS OF SALE (page 2) ' 6) If the Purchaser is not a resident of the County of Erie, or is a Corporation (wherever located), then the Purchaser shall designate a natural person who is a resident of the County of Erie as agent authorized to accept service of process, and to receive and give receipt for notices of violation under the Codified Ordinances of the City of Buffalo. Such designation shall be on a form provided by the City of Buffalo, to be completed and submitted with final payment. 7) All properties in the auction will be sold subject to Buffalo Common Council approval and if the bid price is over $50,000 subject to Buffalo Fiscal Stability Authority approval. All properties shall close within sixty (60) days after approval by the Common Council and if necessary Buffalo Fiscal Stability Authority approval, providing the successful Bidder has submitted documents required under the terms and condition of sale. The City of Buffalo Common Council and/or the Buffalo Fiscal Stability Authority reserves the right to reject any and all bids. If said Council and/or Buffalo Fiscal Stability Authority rejects the bid offer, the same shall become null and void and neither party shall have any further liability to the other, "Except that the deposit and buyer's premium shall be returned to the Purchaser". 8) The City, or it's agent, the Auctioneer, at their option, may recall the property if the successful Bidder fails to comply with these terms of sale found in this agreement, including, without limitation, not paying the required deposit IMMEDIATELY, not signing the Terms of Agreement of Sale, not signing the Purchase OfferAgreement, not paying the balance of the bid price or bringing all obligations current by the Settlement Date. Failure to comply with the terms and conditions of sale shalt result in the Bidder and /or Purchaser declared in default, and shall result in the forfeiture of any deposit made on account. The Bidder and/or Purchaser shall be deemed to be in default and shall forfeit any .deposit made on account. The Bidder and/or Purchaser will also beheld liable for any deficiency between the sum the first sale, and the bid for which it may be sold on the resale, and also for all costs and expenses incurred as a result of the default. 9) Upon closing, the balance of the bid price must be paid in U.S. funds and in the form of a bank cashier's check or money order payable to "The Director of the Treasury of the City of Buffalo ". If the Purchaser is not ready to close title by that date, the City may cancel this sale by giving written notice of such cancellation to the Purchaser, in which case the entire deposit will be forfeited by the Purchaser, and neither the Seller or the Purchaser will'have any further claim against the other. This is a cash purchase and NOT CONTINGENT upon the Purchaser obtaining financing. 10) All property sold in an "AS IS" condition in all respects. No warranties as to physical condition, habitability, tenancies, use for a particular purpose or compliance with any environmental rules, regulations, or any other building and /or zoning laws, codes or ordinances, including but not limited to those relating to water supplies, septic systems, or lead base paint are made by either the Seller orAuctioneer unless specifically stated herein. Responsibility for and costs associated with curing deficiencies; if any, is the obligation of the purchaser. No representation is made as to whether the property is in an agricultural district, orwhetherthere are any gas or electric utility surcharges applicable to the property. 11) The Auctioneer and /or the City of Buffalo will not furnish an abstract of title or survey. The Purchaser may obtain a title report or policy of title insurance at Purchaser's expense. A fi t. h CITY OF BUFFALO REAL ESTATE AUCTION 2007 TERMS & CONDITIONS OF SALE (page 3) 12) The City shall tender to Purchaser a quitclaim deed conveying the premises in fee simple, subject to zoning restrictions, all existing easements, covenants, restrictions, rights of way of record, rights of tenants, if any and subject to right of redemption, if any, of the United State of America. The Auctioneer and/or the City of Buffalo make no warranty to title and is under no obligation to evict occupants of premises. No claim for damages will lie, against the City because of a defective title and the City makes no representations or warranties as to the purpose forwhich premises is zoned. 13) Quit claim deed will be prepared transferring title to the PURCHASER IDENTIFIED IN THIS AGREEMENT and recorded by the City of Buffalo within approximately 60 days after the City of Buffalo Common Council and if necessary the Buffalo Fiscal Stability Authority approves this sale, 14.) Upon final payment the Purchaser will be required to pay all closing costs (transfer tax, deed recording. fee, real property transfer report fee and $7.50 for the cost of each legal description). 15) Neither the Auctioneer and /or the City of Buffalo will be liable to the Bidder or Purchaser either before or after delivery of deed for any sum in excess of the bid price received by the City of Buffalo for the property. 16) The Cityof Buffalo shall have the right to set aside a bid by any person deemed by the City not to be a responsible Bidder and /or Purchaser and immediately put up the premises for sale again. 17) Any statements made in sales brochures or advertising relating to this property are not to be considered as a part of these terms and conditions of sale and should be verified by the Purchaser before the sale. 18) All property is sold subject to all taxes, fees, water bills, sewer rents, user fee and other charges levied after the transfer of title. CITY OF BUFFALO REAL ESTATE AUCTION 2007 TERMS & CONDITIONS OF SALE (page 4) I (We), the undersigned (or as agent for the below named Purchaser), on the 22nd day of September, 2007, purchased, the following described premises for the amount set forth and hereby promise and agree to comply with the terms and conditions of the sale herein set forth. Property Address to be Purchased Auction Lot # Bid Amount P'urchaser's Name (to appear on deed) Address City ST Class Code ZIP Purchaser's Social Security # Purchaser's Phone Number(s) Bidder (If agent of purchaser) Name Bidder (if agent of purchaser) Address Bidder's Social Security # Bidder's Phone Number(s) --------------- Signature of Purchaser (or'Bidder as Agent for Purchaser) Signature of Witness Date Date Mr. Fontana moved: f. f r That the above communication from the Office of Strategic Planning dated May 6, 2008, be received and filed; and That the offer from Ms. Cynthia Williams, residing at 309 Watson Street, in the sum of one thousand and five hundred dollars ($1,500.00) for the purchase of 88 Victoria, 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. M TAB:nnv 1ANvp60\nimvord\nnv14c5- 13a.doe I f' 9F a #I� *t# %n%Ct- �6 A I f' 9F a #I� *t# %n%Ct- �6 0 "1 # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 8, 2008 FROM: DEPARTMENT: Office of Strategic Planning gr DIVISION: Real Estate SUBJECT: Results of Negotiations 109 Bradley Vacant Lot- Total 1,771 sq. ft. Assessed Valuation. $2,200 PRIOR COUNCIL REFERENCE: The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Jimmy Liu, 304 Highgate, Daly City, California, 94015, to purchase a vacant lot at 109 Bradley. Mr. Liu plans to use this vacant lot, which is located behind property that he is buying at 582 Grant Street, to provide parking for a Laundromat to be located at 582 Grant Street. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from One Dollar ($1.00) to Three Dollars and Fifty Cents ($3.50) per square foot. The results of our negotiations are that Mr. Liu has agreed and is prepared to pay Two Thousand Seven Hundred Dollars ($2,700), the equivalent of One Dollar and Fifty Cents($1.50) per square foot for the subject property. Mr. Liu has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 109 Bradley in the amount of TwoThousand Seven Hundred Dollars ($2,700). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME; Brian Reilly TITLE: SIGNATURE OF DEPARTMENT HEAD: OFFICE OF STRATEGIC PLANNING Chief Economic Development Officer CK :JPH :mg Resneg 109bradleylsales Js'1 61 „/ '' •••• 49 0 �^ 25 32 a g J za.ee pQ I 35 a3 n.9a 3353 4 37 60 9 9� 99 J +a5 R to f � 2 £ 1 26 6 / 30 ]0 30 3a SO +Q7. 7 S7 a SB SG 53 4 R S9 1 28 I 124 o 36 35 33 32 r R 1 93.411 27 5 ?G � 30 b SD 1 90 I 'j 50 05.05 ]D Sp s4I..B g 34 n 24 m 1 I P ! 07319 ( S fi 7 V B' 20 `.$ TOAa • �' 2 3a 29 30 33 _ 25 I 1 ° r27s: s5 25n sa.az / as.as - 2� ^ 4 � 22 TA 28 27 25 7q 7.7 17 23 33Q g a k 3 a j1 03 m 29 28 / "27 n 30 L 30 1 40 b'9 25 33 33 57.9 .�4. - ,... u3 P3,q L308 P3 7] 77 27 27 33 37 75 75 72 30. 1p IS 60.OIX5!1�. :: „ 3.83 5 6 7 8 9 10 1' 2 3 j 4 ry 5 ffl .,a 6„ 49 sa 1 2 I I I i 4 I 4.9 1 4 I ! 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R zl 10 , 42.1 — 21 — 17 Z2 44 ry ^ 13 12.43 t 42 R 00 ) 35 20 1 t j i 9 � o21 [ 22 3a.97 $ ^^��1 34 23 R 45 R —� ^ es r2 ~ 9 23 to 17 18 20 168 24 R S_40I 1 41f a<t, R 33 ^�^ as 17 — $.� 24 „R +3 < .., 16 is ~~ I# 12 25 45 T � w �^ — ^�^ 19 47 t0 I 25 8 t r4 —_^ j 177.63 13 I 1 j ( 9 39 2 6 46 R I ^ 26 356 4 -- ~^ $ 19 Y.5 J 1 3,.15 ^ L " m _ J 14 z ,},.,� a7 3g 4 fi 27 a 9 30 ea f1 20 i 47 u �. �' J199 7Q 36 4 15 5. } 1 ffi 27 r .37 M • 8s a5 !? 3 � 35 fi,.7 a5J n 2, 'Pi 15.2[ 87 � 3 I I a ttt��t 3 1 4 5 6 i 8 8 +153 \ aQ ao 7 1 2 I a 3 4 ., 5 6 8 h g 1. i0 a I 1 i2., / ! f f s 4 4 1 I I 1 w ,2 I21 r i I 1 5.2 1 i + 'j 50 05.05 ]D Sp s4I..B g 34 n 24 m 1 I P ! 07319 ( S fi 7 V B' 20 `.$ TOAa • �' 2 3a 29 30 33 _ 25 I 1 ° r27s: s5 25n sa.az / as.as - 2� ^ 4 � 22 TA 28 27 25 7q 7.7 17 23 33Q g a k 3 a j1 03 m 29 28 / "27 n 30 L 30 1 40 b'9 25 33 33 57.9 .�4. - ,... u3 P3,q L308 P3 7] 77 27 27 33 37 75 75 72 30. 1p IS 60.OIX5!1�. :: „ 3.83 5 6 7 8 9 10 1' 2 3 j 4 ry 5 ffl .,a 6„ 49 sa 1 2 I I I i 4 I 4.9 1 4 I ! I i 5 054 r -" 3 I I 1 I i — Q ` 7 L R 48..< " 4 32 1 31 I so I 214 1 28 1 27 1 2s I P5 c Z4 z3 g so 29 28 1 27 26 ti 29 — 46 R R 45 8 _ 3> A zs I �n 9 R 5 R 1 4 I I I SP R PP 27 27 z] 27 ,p.7s _ 04 .° 44 R R 49 93 x l,s 9t 10 ° ) �� J f 45 j F 1 ry 42 Y31.15 „ .�, .�� v �F SUrr LO -" 'as, w ZI ( �., 41 Cf7 ^ 12 # 53 11 I 44 7 R _ _ $ 1 2s 20 52 2 43 I zP ! uau 1 R ^^ _ t37.a jt,s 33 R^ 39 13 88 nR 9 51 �' 42 '3Zu 39 Ry =SS,w 14 R 87 35.]716) 15 0 R 5© 4 1 10 R PO _ ^ 24(s) 05.Y7 71,ys 51 •' 36 y1 R f7 c 1 ✓ , 49 11 _ s Isle, 1 6 R 1j1 ,5 86 RR 16 40 32 9F, ^ n a +.15 s t 48 16 „ J 39 i2 R 1 Y 3g 1 1a 17 n° 37 R R t5 1 f ` 30 RR ^ 47 ,31.15 1 7 ! 28 c h 137.83 2.53 r 38 '� - - 1$ n° 3s $, 14 r Z& ~ ( 2 � ^ — n f 7 7 27 r 9, + 19 I 46 a0 R iB jj 37 14 w + _ ryR 16 39 RA t9 _ — f 25 9, ZS .�. 8 _ I 1 6J` 21) 45 36 �__— 15.1 I 2 4z 1,5 ^ ^^ � .4 P3 ^ ^�^ •`$ � ra2.03 9 72 21 h 44 6 EJ ti 20 y y 167 4 3 14 H R 3z , t7 t 7 ! R zl 10 , 42.1 — 21 — 17 Z2 44 ry ^ 13 12.43 t 42 R 00 ) 35 20 1 t j i 9 � o21 [ 22 3a.97 $ ^^��1 34 23 R 45 R —� ^ es r2 ~ 9 23 to 17 18 20 168 24 R S_40I 1 41f a<t, R 33 ^�^ as 17 — $.� 24 „R +3 < .., 16 is ~~ I# 12 25 45 T � w �^ — ^�^ 19 47 t0 I 25 8 t r4 —_^ j 177.63 13 I 1 j ( 9 39 2 6 46 R I ^ 26 356 4 -- ~^ $ 19 Y.5 J 1 3,.15 ^ L " m _ J 14 z ,},.,� a7 3g 4 fi 27 a 9 30 ea f1 20 i 47 u �. �' J199 7Q 36 4 15 5. } 1 ffi 27 r .37 M • 8s a5 !? 3 � 35 fi,.7 a5J n 2, 'Pi 15.2[ 87 � 3 I I a ttt��t 3 1 4 5 6 i 8 8 +153 \ aQ ao 7 1 2 I a 3 4 ., 5 6 8 h g 1. i0 a I 1 i2., / ! f f s 4 4 1 I I 1 w ,2 I21 r i I 1 5.2 1 i + Mr. Fontana moved: IY That the above communication from the Office of Strategic Planning dated -` May 8, 2008, be received and filed; and That the offer from Mr. Jimmy Liu, residing at 304 Highgate, Daly City, California, 94015, in the sum of two thousand and seven hundred dollars ($2,700.00) for the purchase of 109 Bradley, 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. TAB:rn,v t:k%vp601ms -13 a.doc 'x' 0 � aF � �� � � � � � � � � � �I� �E�r �E�. �.1aa� .. � . '�' �rI �IF ,1[� � �.E'� �1it 1F �Z* �I� iF 1iF � �E�I�* � � � � .� � � it � � � � * � it �� at � � .� E '� � ,� . Q � ,- � a � 5 y � � .. O U ��nt� -� . � ��� .� ' e+� ���� # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 7, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION PRIOR COUNCIL REFERENCE: Real Estate SUBJECT: Results of Negotiations 524 Grant, 125.80 N Forest Vacant Lot: 45'x 134' Assessed Valuation. $14,100 (North District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Angela Reibel, 64 Chipman Place, North Tonawanda, N.Y. 14120, to purchase 524 Grant Street, a City owned vacant lot. Ms. Reibel owns The Hammond Auto Repair Company located at 528 Grant Street, which is adjacent to the vacant lot at 524 Grant Street. She intends to use the vacant lot to expand her business. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area Sales range from One Dollar and Twenty -Five Cents ($1.25) to Three Dollars and Fifty Cents ($3.50), per square foot. The results of our negotiations are that Ms. Reibel has agreed and is prepared to pay Seven Thousand Five Hundred Dollars ($7,500), the equivalent of One Dollar and Twenty -Five Cents ($1.25) per square foot for the subject property. Ms. Reibel has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 524 Grant Street in the amount of Seven Thousand Five Hundred Dollars ($7,500). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CARLA A. KOSMERL TITLE: DIRECTOR OF -A DM I NISTRATION & FINANCE OFFICE OF �T_ifG_ C PLANNING k SIGNATURE OF DEPARTMENT HEAD: CAK:JPH:mcgj. ,;&Ase Resne 524grantlsales Ly d z •f y 6 .' �f P A • r.n • oil Cfq ctf a � Q �- 0 V Q a G d� A'O j9 a �o C d� + a_ a 16W r J o Y •� � ' f) f r �°/ /!/VJ -:4t, 34t1i,Nf� . =n "IS�� o8z z " -6 �" ?f z K �� sue ;�•► a r/ otz 1 y d z •f y 6 .' �f P A • r.n • oil Cfq ctf a � Q �- 0 V Q a G d� A'O j9 a �o d 1 1 a p Aa 4 • , Mg frd/ q�rnar4v v Xb r JJ m �O ■" N rb N� R � d 9LY �,r r !f� 1• k! 5' w 1 4 IL id" � r r /lr F C d� a 16W r J o Y •� � ' f) f r �°/ /!/VJ -:4t, 34t1i,Nf� . G tar 9 • ew \ 1 y l — 3 ai J er I / .J G' Q ti Py! tlb' w d 1 1 a p Aa 4 • , Mg frd/ q�rnar4v v Xb r JJ m �O ■" N rb N� R � d 9LY �,r r !f� 1• k! 5' w 1 4 IL id" � r r /lr F ij . E * NO * DAMS FONTANA � FRANCZYK KEARNS LOo= RrVERA RUSSELL smrr -H ( ------------- ] * . * . EMAJ- 51 * 9 * 0. [ 213 - 6 (314 - "0000 # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 5, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 53 Liddell, 340. S Brier Vacant Lot: 30'x 104' Assessed Valuation: $3,300 Fillmore District PRIOR COUNCIL REFERENCE: The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Darlene Lewis, 57 Liddell Street, Buffalo, N.Y. 14212, to purchase 53 Liddell Street. Ms. Lewis owns and resides at 57 Liddell Street, which is adjacent to the vacant lot at 53 Liddell. She intends to use the vacant lot to expand her yard space at 57 Liddell. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Cents ($.30) to One Dollar ($1.00), per square foot. The results of our negotiations are that Ms. Lewis has agreed and is prepared to pay OneThousand Dollars ($1,000), the equivalent of Thirty -Two Cents ($.32) per square foot for the subject property. Ms. Lewis has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 53 Liddell Street in the amount of OneThousand Dollars ($1,000). 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: DIRECTO F MINISTRATION & FINANCE OFFICE OF TE LANNING SIGNATURE OF DEPARTMENT HEAD: CAK :JPH:mcg Resneg53 liddelit/sales 716 SCWUTRUM�� D J o'NP n f � s s s t h -I1 ' SJ � w 1 - t \ .. .- N A p 3 1ppS WICK s #P i 1 b fl _, DEP6 fNG A P gRlE CC spay NE c el es I I V y ' +r D E� r• . n .Et 55 LIDDELL 27 33 3/ KOONS AV. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 5, 2008, be received and filed; and That the offer from Ms. Darlene Lewis, 57 Liddell Street, in the sum of one thousand dollars ($1,000.00) for the purchase of 53 Liddell, 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. 1, TAS:,niv (AivpWi -I 3a.doe E E 1 � 4 Vim. ci y i� �t Vim. U0006 # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 5, 2008 FROM: DEPARTMENT DIVISION PRIOR COUNCIL REFERENCE: Office of Strategic Planning Real Estate SUBJECT: Results of Negotiations 28 Perkins, 268. E Dewitt Vacant Lot: 27'x 151' Assessed Valuation: $3,000 (Niagara District) Il The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Jeanne C. Caryl, 420 Breckenridge Street, Buffalo, New York 14213 to purchase 28 Perkins. Ms. Caryl owns 22 and 24 Perkins, which are adjacent to the vacant lot at 28 Perkins. She intends to use the vacant lot as extra yard space for her properties at 22 and 24 Perkins.. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Sixty -Eight Cents ($.68) to One Dollar and Forty Cents ($1.40) per square foot. The results of our negotiations are that Ms. Caryll has agreed and is prepared to pay TwoThousand NineHundred Dollars ($2,900), the equivalent of Seventy Cents ($70) per square foot for the subject property. Ms. Caryl has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 28 Perkins in the amount of TwoThousand Nine Hundred Dollars ($2,900). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME TITLE: SIGNATURE OF DEPARTMENT HEAD CAK:JPH:mcg Resneg28perki nsilsa[es CARLA A. KOSMERL DIRECTOR OF ADMINISTRATION & FINANCE OFFICE OF RA LANNING 0 '``i TO THE Coop Vu ): �z ) 3 } � ! � � X/* 4 � ., ! ! • & z � k � O � J � \ k \ \ f� R � If . | | | � # 1 (Rev. 1103) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL - �SY� 7 TO: THE COMMON COUNCIL: DATE: April 24, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Land Use Planning SUBJECT: SEQR Queen City Landing Project 975 Furhmann Boulevard PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: (TYPE SINGLE SPACE BELOW} Prior to the implementation of the above - referenced action, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEAR, is a Type I Action for which the completion of a coordinated environmental assessment is recommended by the City of Buffalo Planning Board. As per Section 617.6 of the regulations, an agency responsible for determining the effect of the project on the environment must be designated from the involved agencies within 30 calendar days of this communication. It is proposed that The City Planning Board act as the Lead Agency for this action. If the Common Council has no objection to the Planning Board acting as Lead Agency, please inform my office within the 30 day period. The project Environmental Assessment Form is enclosed for your review. DEPARTMENT HEAD NAME: TITLE: Carla Kosmerl Director, Office of Strategic Planning/ Administration anc Finance OFFICE OF STRA` E-GIC PLANNING SIGNATURE OF DEPARTMENT HEAD: APOPTED STATE ENVIRONMENTAL QUALITY REVIEW ACT` 1. NOTICE of COORDINATED REVIEW and DECLARATION OF INTENT TO ACT AS LEAD AGENCY April 24, 2008 This notice is issued by the City of Buffalo Planning Board ( "Planning Board ") pursuant to and in accordance with Article S of the Environmental Conservation Law, Chapter 43 -B of the Consolidated Laws of New York, as amended {the "SEQR Act ") and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York, being 6 NYCRR Part 617, as amended (the "Regulations" and collectively with the SEQR Act, "SFQRA "). Project Name: Queen City Landing Project Location: 975 Fuhrjmann Boulevard, Buffalo, New York. ( "Site ") Classification: Type l: xxx Unlisted: Project Description: Queen City Landing, LLC ( "Project Sponsor ") proposes to demolish and renovate portions of the former Freezer Queen industrial complex and transform the 20.01 -acre Site into a modern, aesthetically pleasing, mixed -use community with condominiums, retail structures, a marina, an apartment tower, and a hotel with associated recreational and landscaping features (collectively, the "Project "). The Site will need to be rezoned to accommodate the Project. Prior to construction, portions of the industrial structures on the Site that cannot be reused will be demolished. The existing water treatment facility on the northeastern end of the Site will be removed. Also, a building associated with the existing Freezer Queen complex, directly to the west of the proposed condominium complex parking structure, will be removed, as well as a one story structure attached to the existing complex on the western side. The demolition of these structures will open up the Site and provide more Kneen space to enhance the residential. dualities of the Site and the attractiveness of its waterfront location. The renovation and construction is expected to occur in four separate phases (although the Project Sponsor has indicated that the sequence of the phases is subject to change based on market conditions). Phase I consists of transforming the six story main Freezer Queen manufacturing building into an eight story (120 ft high) condominium complex with approximately 153 residential units and 297 covered parking spaces (the parking will be located within a 3 -story attached parking garage with 99 spaces on each level). A pool pavilion will also be attached. A surface parking lot with approximately 40 spaces will be located in front of the condorniniL11 complex. .Phase IA consists of the construction of a 16,400 square foot retail facility along Fulirmann Boulevard with approximately 55 surface parking spaces. Also, an existing building on the Site along Fuhrmann Boulevard will be expanded and renovated to house 11,000 square feet of retail with approximately 37 surface parking spaces. Phase 2 of the Project entails construction of a 6,400 square foot Marina Support Facility with floating docks. A surface parking lot with approximately 42 spaces will be located in front of the marina. Phase 3 is the construction of an Apartment 'rower, which will be 14 stories (186 ft high). The Tower will have 140 residential units and include a parking structure with 3 covered levels and 280 spaces, 93 spaces per level. The final phase of the Project is the luxury hotel, which will include conference and meeting rooms. It will be 9 stories (135 ft high) and have 252 rooms. A 4 -level parking garage will be attached with 168 spaces, 42 spaces per level. There is space for another wing of the hotel to be constructed in the future, on the northwestern side of the Site. The additional wing could accommodate 85 rooms, 33 enclosed parking; spaces, and spa facilities. In front of the hotel, on the east will be located a surface parking; lot with approximately 20 spaces for valet service. Additional features include a trail located on the outer edge of the Site for residents and visitors to enjoy the waterfront. Also, an outdoor activity area will be located its front of the hotel to take advantage of the waterfront vista. Residents and visitors will be able to enter the Site off of Fuhnnann Boulevard. A secondary emergency access point is located north of the main entrance. Overall, the features of the Project are separated by interconnecting roadways and landscaping which will provide a natural, park -like setting; for the revitalization of this previously industrial area. Action Requested: 1) Please have the appropriate personnel within your agency review the enclosed documentation. If your agency is an involved agency and has no objection to the Planning Board acting as lead agency, please have the appropriate personnel sign and return the enclosed Acknowledgment of Lead Agency form consenting to the Planning Board as Lead Agency for this Project. In addition, involved and interested agencies are asked to provide the Planning Board with any inforination or comments your agency may have relative to the environmental review for the Project. .A list of identified involved and interested agencies is included with this Notice. For Further Information Contact: Martin Grunzweig City of Buffalo Planning Board Room 901 City Hall Buffalo, NY 14202 (716) 851 -5085 (716) 851 -4388 POTENTIAL INVOLVED AGENCIES 1. City of Buffalo Planning Board (Dead Agency) Room 901 City flail Buffalo New York 14202 Attn: Marty Grunzweig, Land Use Coordinator 2. City of Buffalo Common Council. Room 1413 City .Hall Buffalo New York 14202 Attn: Central Staff 3. New York State Department of Transportation Region 5 100 Seneca Street Buffalo, NY 14203 Attn: Alan Taylor, Regional Director 4. New York State Office of General Services Real Estate Development - Land Management Corning Tower, 26th floor Empire State Plaza .Albany, New York 12242 -0001 POTENTIAL INTERESTED AGENCIES City of Buffalo Department of Public Works Room 502 City [=fall Buffalo New York 14202 Attn: Michael Murphy 2. City of Buffalo Sewer Authority Storrnwater Management Officer 90 West Ferry St. Buffalo, New York 14213 3. Honorable Chris Collins County Executive County of Erie 95 Franklin Street Buffalo, New York 14202 4. Erie County Dept. of Environment & Planning Edward A. Rath County Office Building 95 Franklin Street Buffalo, New York 14202 Attn. Christopher Pawenski Erie County Department of Health Anthony J. Billittier IV, MD, FACEP � Erie County Cornnlissioner of Health Rath Building; 95 Franklin Street Buffalo, NY 14202 6, New York State Department of Environmental Conservation Region 9 270 Michigan Avenue Buffalo, NY 14203 Attn: Steven Doleski., Regional Permit Administrator 7. New York State Office of Parks, Recreation and Historic Preservation P.O. Box 189, Peebles Island Waterford, NY 12188 -0189 Attn: Ruth L. Pierpont, Director 8. New York State Department of State 41 State Street Albany, NY 1 223 1 -000 1 Attn: Daniel Shapiro, Assistant Secretary of State Doc # 01- 1733542.1 RESPONSE TO NOTICE OF PROPOSED LEAD AGENCY DESIGNATION Proposed Lead Agency: City of Buffalo Planning Board Name of Action /Project: Queen City Landing Project Please com Mete and return this name via fax 716 - 851 -4388 or by regular mail. On behalf of , I acknowledge receipt of the Iead agency (insert agency nalne) designation notice in this matter. The above named agency hereby ( please check one ): ] CONSENTS that the above named agency serve as lead agency in this application, and requests that the undersigned continue to be notified of S.EQR determinations, proceedings and hearing in this matter. [ ] DOES NOT CONSENT to the above narned agency serving as lead agency in this application and requests that _ _ serve as lead agency. To contest lead agency, the undersigned intends to follow the procedures outlined in 6 NYCRR Part 617.6(e). DATED: SIGNED: NAME /TITLE: Please return by May 23, 2008 to: City of Buffalo Planning Board Room 901 City Hall Buffalo, NY 14202 Attn: Martin Grunzweig Or Fax to: (716) 851 -4388 Doc P 01-22t2459.1 Mr. Montana moved: That the above communication from the Office of Strategic Planning, elated April 24, 2008, be received and filed, and That the Common Council hereby consents to the City of Buffalo Planning board to act as Lead Agency for the 975 Fuhrmann Boulevard, Queen City Landing Project. �I s� ADOP TED 9 TAB:Tmv c:lw p60lmswordlrmvl9cS -13a. doc 'It" 0 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 7, 2008 J FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: St. John Baptist Church Request to Use City -Owned Vacant Lot Located at 1412 Jefferson, South Corner Woodlawn Lot Size: 96 x 100 Masten District 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. Larry Webster, Co -Chair Evangelistic Ministry on behalf of St. John Baptist Church to use 1412 Jefferson for their annual tent revival. St John Baptist Church intends to have a tent revival from July 15, 2008 through July 17, 2008. They have agreed to obtain and provide proof of insurance in the amount of $1,000,000.00 naming the City of Buffalo as additional insured. The Land Use Planning Committee was contacted and they have no objections. I am recommending that Your Honorable Body approve the request of St. John Baptist Church to use 1412 Jefferson Avenue upon the above terms and conditions. I am further recommending that the Office of Strategic Planning prepare and execute the necessary use agreement. TYPE DEPARTMENT HEAD NAME: CARL A. KOSMERL TYPE TITLE: DIRECTOR OF ADMINISTRATION & FINANCE OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: TEW :JPH:plg C:mydoc:lease; GUS EAGREEMENTI Mr. Fontana. moved: That the above communication from the Office of Strategic Planning dated May 7, 2008, be received and filed; and That the offer from Mr. Larry Webster, Co -Chair Evangelistic Ministry on behalf of St. John Baptist Church to use 1412 Jefferson Avenue upon the terms and conditions as listed above. That the Office of Strategic Planning prepare and execute the necessary use agreement. Passed. 10 TAB:riuv tAwp60 \n vordlrmv110c5- 13a.doc ------------- [MAJ- 5] 0. 213 61 [3/4 7] �-*AYE* NO DAVIS FRANCZYK 90LOM13EK KEAR AMA SMr ------------- [MAJ- 5] 0. 213 61 [3/4 7] FROM THE COMPTROLLER May 13, 2008 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL J TO THE COMMON COUNCIL: DATE: April 25, 2008 FROM: DEPARTMENT: 04 -Audit and Control SUBJECT: [:Req City Departments to Submit Travel Expenses PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Item No. 127, CCP, 4115108. Per your request dated April 16, 2008, attached is a list of business related travel for the Department of Audit and Control for the period July 1, 2006 to April 25, 2008. If you have any questions or need additional information please contact my office. #SanFi SIGNATURE� L) DEPARTM ENT HEAD TITLE : Andrew /� p"o, Comptroller REFERRED TO THE COMMITTEE N HNANCE. 4 1 ' Y Employee Purpose of Trip Destination Dates Registration Transportation Meats and Lodging Total Cost Andrew SanFilippo Rating Agency Presentation New York, NY 7120/2006 - 712112006 45.00 45.00 NYS School of Business Workshop Albany, NY 7/16/2006 - 7/19/2006 180.00 161.20 509.25 850.45 NYCOM Fall Training 1002006- 10/612006 235.00 99.85 1,031.75 1,366.60 Rating Agency Presentation New York, NY 1211112006 - 12/1212006 19.03 15.00 34.03 State of the State Albany, NY 1/212007 - 1/412007 139.34 231.00 370.34 NYS GFOA Conference Albany, NY 312812007 - 3/30/2007 130.00 101.40 281.08 512.48 NYCOM Fall Training Saratoga Springs, NY 9/1712007 - 9/2112007 225.00 114.85 1,104.48 1,444.33 Bond Buyer Conference Nov -07 247.63 427.53 675.16 NYS GFOA Conference Albany, NY 412/2008 - 414/2008 140.00 116.55 608.00 864.55 Darby Fishkin Rating Agency Presentation New York, NY 7/20/2006 - 712112006 21.10 942.51 96161 NYS GFOA Conference Albany, NY 312812007- 3/3012007 230.00 74.13 264.00 568.13 Rating Agency Presentation New York, NY 12111/2006 - 12112/2006 882.39 882.39 NYCOM Fail Training Saratoga Springs, NY 9/1812007 - 9/1912007 225.00 510.00 735.00 Michelle Frazer NYS School of Business Workshop Albany, NY 7116/2006 - 7/1912006 130.00 130 NYS GFOA Conference Albany, NY 3128/2007- 3/30/2007 130.00 130.00 NYS GFOA Conference Albany, NY 4/212008 - 4/4/2008 140.00 140.00 Jeanette Mongold NYS GFOA Conference Albany, NY 4/2/2008 - 4/4/2008 280.00 280.00 Arthur Jakubowski MUMS Users Conference Chicago, IL 10/23/2006 - 1212512006 625.00 313.86 678.72 1,617.58 Darryl McPherson NYS GFOA Conference Albany, NY 312812007- 3130/2007 270.00 264.00 534.00 NYS GFOA Conference Albany, NY 4/2/2008 - 414/2008 140.00 264.00 404.00 Albert Renzoni MUNIS Users Conference Boston, MA 919/2007 - 9112/2007 625.00 169.30 701.31 1,495.61 Anne Fort /- Sciarrino Rating Agency Presentation New York, NY 7/20/2006 - 7/21/2006 29.96 29.96 MUNIS Users Conference Chicago, IL 10/23/2006 - 1012512006 625.00 279.24 708.82 1,61106 Rating Agency Presentation New York, NY 12/11/2006 - 1211212006 418.39 418.39 MUNIS Users Conference Boston, MA 919/2007 - 9/12/2007 625.00 117.30 712.33 1,454.63 NYS GFOA Conference Albany, NY 4/212008 - 41412008 140.00 264.00 404.00 Richard Catipah Rating Agency Presentation New York, NY 7/2012006 - 7/21/2006 42.94 42.94 Richard Whitcomb MUNIS Users Conference Boston, MA 9/9/2007 - 9/1212007 625.00 194.80 706,15 1,525.95 $ 19,532.19 #1 (Rev. 1193) TO: ()," �1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: DATE: May 6, 2008 Audit & Control Comptroller SUBJECT: 24 Hour and Take Home City Motor Vehicle Use PRIOR COUNCIL REFERENCE: Item. # 121CCP TEXT: My department performed an audit several years ago that was filed with the Common Council. There currently is no all - inclusive list of assigned City 24 -hour or take home motor vehicles. My Division of Accounting is responsible for determining and reporting the taxable portion of personal use to the IRS. It continues to be a challenge to obtain the appropriate information from City departments. Currently, there are approximately 15 employees who are filing monthly reports with our office. We are not required to file tax information for uniform employees, and as such we have no data related to 24 -hour or take home motor vehicles for either the police or fire departments. It would be helpful for our office to reconcile our records if the Council could provide us a copy of what is ultimately provided by City departments. Please note there are no City vehicles assigned to the Department of Audit and Control. Department Head Name: Andrew A. San ill o Title: Cam troller f ] Signature of Department (lead: ,mot DEFERRED TO TH SPECIAL C OMMIT TEE "TES° N B UDGE T Common couttri I CITY OF BUFFALO Council Staff Chief of Stag James S. Pajak • Senior Legislative Assistant IV Kevin Linder Senior Legislative Assistants Brian C. Bray Leon M. Hicks Mark J. Jaskula William Licata Marysol Rosado Jacqueline E. Rushton Legislative Aide Karen D. Privateer April 30, 2008 Hon. Andrew A. SanFilippo, Comptroller City of Buffalo Room 1225 City llall Buffalo, NY 14202 Dear Comptroller SanFiIippo: At the Common Council meeting held on Tuesday, April 29, 2008, the following resolution was ADOPTED: Item #121 CCP April 29, 2008 "City Departments to Provide Information for "24" hour and "Take Dome" City Motor Vehicle Use" Please review the enclosed item and address and file your comments and/or 65 Niagara Square, Room 1413 recom with the Common Council, 1308 City Hall, by 2:00 PM Buffalo, New York 14202 -3318 Thursday, May 8, 2008. Phone: (716) 851 -5105 Fax: (716) 851 -4234 Your assistance is greatly appreciated. Sincerely yours, � ( , C11 JACQUELINE: RUSHTON `= Senior Legislative Assistant a7 Encl. -1 °� KESOLUTION z Bbl: MR, LOCUR'ITO RE: City Departments to Provide Information for "'Twenty -[our hour" and "Take- Horne" City Motor Vehicle Use WHEREAS: The City of Buffalo owns a significant number of automobiles some of which are assigned to employees for "24 -hour" use or authorized for "take- home" use; and 'WHEREAS: The fuel and maintenance expenses for these vehicles is expected to increase, with many economists projecting that gasoline prices alone may exceed $4.00 /Gallon in the next few months; and WHEREAS: As a result of ever-rising prices for petroleum products, the amount that the City has allocated in its annual budget for such expenses may become insufficient to pay these costs; and WHEREAS: Many taxpayers are facing this same dilemma and have already taken steps to reexamine their own driving habits; and WHEREAS: The Common Council has a duty, and Taxpayers have a right, to monitor the driving; habits of City employees in an effort to cope with the unabated rise in petroleum product costs; and WHEREAS: It is also prudent to examine the policies governing the use of City owned vehicles to determine whether additional cost - savings policies can be enacted to save taxpayer dollars; and WHEREAS: All concerned have a duty and responsibility to identify and prevent any potential waste, fraud and abuse associated with the use of City -owned property. NOW, THEREFORE BE IT RESOLVED THAT: All City Departments are hereby directed to furnish to this Common Council for deliberation at its meeting scheduled for May 13, 2008, the following information regarding each City of Buffalo Motor Vehicle designated for twenty -four (24) hour or "Take -Home Use ": Name of Employee , employing Dept/Div, and Job title who have either 24 -hour or Take -Home Motor Vehicle assignment or authorization ® Make, Model and Model Year of respective motor vehicle (e.g,: car, truck, motor cycle or specify) ® Number of Engine Cylinders (e.g.. 4, G, 8 or specify) Type of Fuel Used (e.g.: gasoline, diesel or specify) Whether Marked with a City Seal or Unmarked AND BE IT FURTHER RESOLVED THAT- Each Department having applicability herein is hereby directed to furnish a copy of their Departmental policies governing the motor vehicles identified herein. AND BE IT FILIALLY RESOLVED THAT: That the Department of Police shall furnish the information requested above for Marked and Unmarked motor vehicles and that in recognition of the need to conduct undercover police work, the Police Department shall only furnish the total number of motor vehicles designated for Undercover use. Michael 3. oCurto s" A 4 1,3 Certificate of Necessit Increased Appropriation AIM Capital Outlay We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an. increase in the sum of $3,120,946 in the estimate for the fiscal year beginning July 1, 2007 is necessary in Capital Outlay to meet a contingency which could not have been reasonably foreseen when the budget was adopted_ The amount of increased appropriation will be met from increased revenue in the account titled NYS Aid incentive to Municipalities, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010 -- 335009 NYS Aid Incentive to Municipalities (AIM) $3 To: To meet the increased appropriation as set forth below: 16550007 --- 471010 Permits & Inspections - Land Improvements $3 Dated: Buffalo, NY, May 7, 2008 MAYOR M oll RECEIVED AND FILED #3 (Rev 1 -02) ( Q G 0 0.1, Certificate of Appointment 1 t' In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of'the City of Buffalo, l transmit this certification of appointment(s) or pronrotion(s). 11uriher certify that the persort(s) named in Schedule "A" have been certified or approved by the human Resources/Civil Service for the Appointment Effective: in the Department of 4130108 Audit and Control Division of investment and Debt Management to the Position of Principal Accountant Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non- Competitive (Insert one) PROMOTION Minimum, Intermediate, Maximum, Flat (Insert one) MAXIMUM jEnter Starting Salary) : Starting Salary of $56,164 LAST JOB TITLE Supervising Accountant, Permanent NAME Richard J. Whitcomb LAST DEPARTMENT Audit and Control DATE 1127192 ADDRESS 370 South Elmwood Avenue LAST SALARY $61,200 CITY & ZIP Buffalo, NY 14201 LAST 4 DIGITS OF SSN. XX -XX -9 618 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -X REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10449001 TITLE CODE NO 550 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REO. NO f l SALARY RANGE OF POSITION $47,655 d $56,164 PER YEAR DAY HOUR 'YEAR REASON FOR APPT, ABOVE THE MINIMUM: Individual appointed at Maximum salary: deemed necessary for the level of responsibility associated with the replacement of Supervising Accountant title with Principal Accountant title in this division. CCP 4 -15-08 No. 131. NAME OF APPOINTING AUTHORITY_ Andrew A. TITLE OF APPOINTING. AUTHORITY: Co ptrollt DATE: 4408 SIGNATURE OF APPOINTING AUTHORITY ORIGINA + 3 OPIES T0: CITY LERK (ON/ RE POINTME T DATE OTHER COPIES TO: #5& O1VlPTROLLER #6- HUMAN SERVI ES CIVIL SERVICE #7- 13Ub0ET #8- DEPAfnM _ NT #9- DIVISI N #10- MPLOY IS1 FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION May 13, 2008 01 "a -, 0 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: [: May 6, 2008 FROM: DEPARTMENT: [: Assessment and Taxation SUBJECT: [: City Departments - Information on [: 24 Hour and Take Home Vehicle Use PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx, C.C.P. xx /xx /xx) Item #121, C.C.P. 04/29108 The above noted item was referred to this office for reporting. Please be advised that no employee in the Department of Assessment and Taxation has possession of or the use of any City motor vehicle. When needed in the performance of their jobs departmental staff utilize their own vehicles and are compensated under provisions of the collective bargaining agreement between the City of Buffalo and AFSCME Local 650. SIGNATURE DEPARTMENT HEAD NAME: DEPARTMENT HEAD TITLE. Martin F. Kennedy Commissioner, Assessment & Ta� on FED TO THES k NH3JDGE 000 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 1, 2008 FROM: DEPARTMENT: Assessment & Taxation SUBJECT: [: Request Approval of Certificate of [: Current Base Proportions [: 2008 Roll C� PRIOR COUNCIL, REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xx /xx /xx Attached find Certificate of Base Percentages, Current Percentages and Current Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. SIGNATURE DEPARTMENT HEAD TITLE: Commissioner, Assessment & tion RP-6701 NEWYORK STATE OFFICE OF REAL PROP ERTYSERVECES «* *"*»**"••••«,.,".",.•. ..,. * « « « « «, «, «...,.. *. *,. *.,.,, ". 05101/08 " 16 SHERfDAN AVENUE, ALBANY, NY 12210 -2714 CERTiFiCAT5 OF BASE PERCENTAGES, CURRENT PERCENTAGES ANC CURRENT BASE PROPORTIONS PURSUANT TO ARTICLE 19, RPTL, FOR THE LEVY OF TAXES ON THE 2008 ASSESSMENT ROLL • + " + « * « Approved Assessing Unit City of Buffalo, 140200 " « « « « « «. « * ... ,. «.... CERTIIFICATION « � » * « * « « * " «.««,,,,,,. " « "w ` Name of Portion City of Buffalo -- -- ---------------- — ---- .... — DETERMINATION OF BASE PERCENTAGES — -------- - - - - -- Section f , " (A) (B) (C) #D) " ' 1991 1981 Estimated Base Taxable Class Market Percentages « Assessed Value Equalization Rate Value , Class AI(B1100) (C1SUm of C) Homestead 2,146,800,117 69.53 3,087,588,260 58,6549854 Nonhornestea 1,836,876,875 64.40 2,176,384,402 41.3450146 " ' Total 3,983,676,992 5,263,982,661 100.0000000 ' -- -_-- ------- --- --- ----- ------ - - - - -- ------ - ----- - - - - -- DETERMINATiON OF CURRENT PERCENTAGES --------------- Section II (E) (F) (G) (H) Prior Year Prior Year Estimated Cu rent Taxable Class Market Percentages Assessed Value Equa €izatton Rate Vatue 1, the clerk of the tegislative body of {he approved Y Class Ef(F1100) (Glsum of G) assessing unit identified above, hereby certify that the legislative body determined on Homestead 3,914,739,200 100.00 3,914,739,200 65.36456 Base percentages, current percentages, and current base proportions as set forth herein for the ` Nonhorrsestea 2,074,346,056 100.00 2,074,346,056 34.63544 assessment roll and portion as identified above. Total 5,989,085,256 5,589,085,256 100.00000 - ------ - -- ------- - - - -. » _-- ------------ ---------- ------- — ------ — --- ..- DETERMINATION Of CURRENT BASE PROPORTIONS .. Section iii * (1) (J) (K) (L) (M) (N) (0) ' Local Base Updated Prospective Adusted % difference Maximum Current Proportion Local Base Current Base Base Proportion between prior Current Base Proportions ' for the Proportion Proportion used for Adjusted Base Proportion signature 1992 Part (,i) Prior Tax Levy Base Proportion Assessment Rof4 Prorated and Prospective to 100.00 Current Base Proportion Cass 1"(MID) (Jfsum of J) ((KIL)- 1'100) (L "1.05) title Homestead 45.45286 50.65224 52,57254 53.53298 -1.79 5157254 " Nonhomestea 54.54714 45.69509 47.42746 46.46702 2.07 47.42746 " date Total 100.00004 96.34733 104.00000 100.0000000 100.000Ofl ' Ratio ,�,,, * CBPH to CPH 0,604297 Mr. Fontana moved: That the above communication from. the Commissioner of Assessrrient & Taxation dated May 1, 2008, be received and filed; and 'That the Common Council approve the Certificate of Base Percentages, Current Percentages and Current Base Proportions pursuant to Article 19 of the Real Property Tax Law. That the City Clerk be, and he hereby is authorized to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210-2714. That the City Clerk. be, and he Hereby is authorized to furnish a copy of the approved Certificate to the Department of Assessment & Taxation. Passed. 15 TAB:rmv tAwj)60 \jmwor(Njnv115e5- 13a.doc ' W T , .-.k F %n �c n 1 1 k 1 1 1 t t .a. O Q I 4 O ' W T , .-.k F %n �c n 1 1 k 1 1 1 t t .a. FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS May 13, 2008 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 05/08/2008 FROM: DEPARTMENT: Management Information Systems SUBJECT: [:Approval of Contract with Buffalo General [:for usage of their facilities to install equipment [ :necessary for transmission of the wireless signal PRIOR COUNCIL REFERENCE: (IF ANY) Ex. them No. xxx, C.C_.P. xx /xxlxx) The City is in the process of installing 60 police surveillance cameras at various locations of the city. In order to transmit signal from the surrounding area, we must place equipment on Buffalo General Hospital premesis. The attached contract is between the City and Buffalo General to allow the City usage of their building. SIGNATURE DEPARTMENT HEAD TITLE : Rajender Mehta, Director, Management Information Systems PASSED SITE LICENSE AGREEMENT THIS SITE LICENSE AGREEMENT( "this license ") dated as of 7 2008 (the Effective Date "), is between The City of Buffalo, ( "Licensee ") whose address 1s74 Franklin Street, Buffalo, New York 14202, and KALEIDA HEALTH, a New York, not- for - profit corporation ( "Licensor ") whose address is 100 High Street, Buffalo, New York 14203. The parties hereto agree to as follows: 1. Premises Licensor owns the real property legally described in Exhibit "A ", commonly know as 100 High Street, Buffalo, New York 14203 ("Licensor's Property "). Subject to the following terms and conditions, Licensor Licenses to Licensee that portion of Licensor's Property depicted in Exhibit "B" including any necessary or otherwise applicable easements for access and utilities (the "Premises "). 2. Use. The Premises may be used by Licensee for the provision of construction, maintenance and operation of a portion of the Buffalo Camera System in accordance with Exhibit "B" (the "Facilities ") including the repair or replacement of such equipment and Facilities; and environmental and other testing. Licensor agrees, at no expense to Licensor, to cooperate with Licensee in making application for and obtaining all licenses, permits, and any and.all other necessary approvals that may be required for Licensee's Intended use of the Premises, other than zoning changes or any other approvals which would adversely affect Licensor's use or enjoyment of the Premises which Licensee may not seek without Licensor's consent, which consent may be withheld in Licensor's sole discretion. 3. Conditions Precedent Licensee's obligations under this License are conditioned upon Licensee, or Licensee's successors or assigns, obtaining all governmental permits and approvals enabling Licensee, or its successors of assigns, to construct and operate the facilities on the Premises by the Commencement Date. 4. Term The term of this License Agrecrnent shall commence upon execution of this License Agreement by both parties and shall expire upon 30 days prior written notice given by one party to the other. 5. Rent The City of Buffalo shall not be required to pay rent for the use of the Premises. 6. Improvements, Access (a) At any time during the Term of this License Agreement and any extension thereof, Licensee and/or its employees, agents, contractors, and /or other representatives shall have the right (but not the obligation) (A) upon prior notice to and in the company of an employee of Licensor, to enter Licenser's Property and the Premises (1) for the purpose of conducting inspections, surveys, and tests (including but not limited to, environmental surveys, engineering tests, and soil and drainage tests) (collectively, "Tests ") and (ii) for the purpose of preparing for the construction of Licensee's Facilities (as defined below) (including, but not n limited to, preparation of applications for licenses, permits, zoning approvals, special permits and construction permits) and (B) to otherwise evaluate Licenser's Property and the Premises to determine the suitability of the Premises for Licensee's Facilities (as defined below). Licensee shall maintain insurance as set forth in paragraph 13 below and also during any tests for pre - construction work. Licensee shall notify Licensor of any proposed tests for pre - construction work and shall coordinate the scheduling of salve with Licensor. During the terra of this License Agreement, if Licensee determines that the premises are unsuitable for Licensee's Facilities (as defined below) or contemplated use then Licensee shall so notify Licensor; this License will terminate. Licensor shall License the Premises to Licensee automatically subject to the terms and conditions in this License. (b) Licensee shall have the right to construct, maintain, replace, test and operate on. the Premises ( "Licensee's Facilities ") as set forth on Exhibit "B ". In connection therewith, Licensee shall have the right to prepare and maintain the Premises for Licensee's Facilities and to install utility lines and transmission lines connecting the Facilities. All of Licensee's construction and installation work shall be preformed at Licensee's sole cost and expense in compliance with all laws and in a good and workmanlike manner. In the event of area renovations and /or construction to said Premises on behalf of Licensor, Licensor shall have the right to relocate Licensee's facilities, at Licensee's reasonable expense, Licensee shall hold title to Licensee's Facilities and any equipment placed on the Premises by Licensee. All of Licensee's Facilities shall remain property of Licensee and are not fixtures. Licensor hereby waives any lien for rent or other charges, whether arising under this License, by operation of law or otherwise, whether now or hereafter to arise, or any rights to levy or detrain upon Licensee's Facilities or other property of Licensee. No lien or security interest shall attach at any time, to all or part of Licensor's Property. Licensee, at Licensee's option shall have the right to remove all or part of Licensee's Facilities at Licensee's expense on, before or a reasonable time after the expiration or termination of this License provided that Licensee repairs all damage caused thereby. (c) Licensor shall provide access to Licensee, Licensee's employees, agent, contractors and /or other representatives, to the Premises upon notice to Licensor, in the company of Licensor. (d) Any and a1I of Licensee's equipment and any of Licensee's employees, agents, contractors or invitees which enter upon Licensor's Property shall comply with all applicable laws, rifles and regulations, including but not limited to OSHA. 7. Mai ntenance, Utilities (a) During the Term, Licensee shall, at Licensee's expense, keep and maintain the Premises and Licensee's Facilities in sound condition, reasonable wear and 4120SW -2- tear and uninsured casualty excepted. If Licensee causes any such damage, it shall promptly repair same. (b) Upon the expiration, cancellation or termination of this License, Licensee shall surrender the Premises to Licensor in sound condition, ordinary wear and tear and uninsured casualty expected, and With all of Licensee's equipment and fixtures removed. & Insuranc Licensee shall maintain the following insurance: (1) Commercial General Liability with limits of $5,000,000.00 per occurrence: (2) Automobile Liability with a combined single limit of $1,000,000.00 per accident: (3) Worker's Compensation as required by law: and (4) Employer's Liability with limits of $1,000,000.00 per occurrence. Each party waives any right of recovery against the other for injury or loss due to hazards covered and paid for by their property insurance and each party shall require such insurance policies to contain an express waiver of recovery by way of subrogation against the other in connection with any damage covered by such insurance polices. Licensee shall name Licensor as an additional insured with respect to the above Commercial General Liability Insurance. Alternatively, Licensee may self insure for all risks covered by this paragraph. (a) Licensee's Indemnity To the fullest extent permitted by law, Licensee shall defend, indemnify hold and save Licensor harmless from and against any and all loss, cost, liability or damage (including reasonable attorney's fees and court cost) rising by reason of the willful misconduct or negligence or Licensee or its officers, agents or employees, in connection with the Premises, except to the extent arising out of the willful misconduct or negligence oCLicensor or Licensor's officers, agents or employees. (b) Licensoe's Indemnity Licensor shall defend, indemnify, hold and save Licensee harmless from and against any and all loss, costs, liability or damage (including reasonable attorney's fees or court costs) arising out of or in connection with Lessor's Property, except to the extent arising out of the willful misconduct or negligence of Licensee or Licensee's officers, agents or employees. 9, &Z T�pjrs. Licensee shall keep its Facilities in good order and repair by Licensee and /or its employees, agents, contractors and /or other representatives. 10. Mutual Copperation During the Term, Licensor and Licensee hereby agree to cooperate with each other to reasonably assist the other in complying with applicable Federal, state and local laws, statutes and regulations including, but not limited to, those imposed by the Federal Communications Commission at no cost to Licensor. 11. Misc ellaneous . (a) If any provision of this License is invalid or unenforceable with respect to any party, the remainder of this License or the application of such provision or persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this License shall be valid or enforceable to the fullest extent permitted by law. -91205040 -3- A (b) This License shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (c) Any notice or demand required to be given herein shall be made in writing by certified or registered mail, return receipt requested, confirmed fax, or reliable overnight mail to the address of the respective parties set forth below: Licensor: Kaleida Health 100 High Street Buffalo, New York 14203 Attention: Facilities Manager Licensee: The City of Buffalo Police Department 74 Franklin Street Buffalo, New York 14202 (d) This agreement shall be governed by the laws of the State of New York. Any and all disputes between the parties shall be adjudicated in New York State Supreme Court for the County of Erie or the Federal District Court for the Western District of New York and Licensee hereby agrees to subject itself to those Court's jurisdiction for determination of any and all disputes between the parties. rN WI'T'NESS WI- IEREOF, the panties have executed this License, the date and year first above written. LICENSEE: THE (QTY OF BUFFALO M. Y fi C�ir13 YC " Tle LICENSOR: KALEIDA HEALTH By: 41205040 -4- EXMBIT A -#1205040 Mr. Fontana moved: That the above communication. from Management Information Systems dated May 8, 2008, be received and filed; and That the Director of Management Iniormation Systems, be, and he hereby is authorized to enter into a Site License Agreement with Kaleida Health to use 100 high Street to install police surveillance cameras on behalf of the Buffalo Police Department. Passed. l6 TA, :rnry L1wp6UlmswordlrnrvU 6043a. doe 19 E/Z I o 6 ------------- * ON *HAV* HJIWS VMV-LNOtl * ON *HAV* SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 05/08/2008 FROM: DEPARTMENT: Management Information Systems SUBJECT: [!Approval of Contract with National Grid for usage of their [ :Electric Utility poles for installation of survelliance cameras C� PRIOR COUNCIL REFERENCE: (IF ANY) Ex, Item No. xxx C.C.P. xxlxxlxx The City is in the process of installing 60 police survelliance cameras at various locations of the city. In few of these locations the cameras have to be installed on poles owned by National Grid. The attached contract is between the City and National Grid to allow the City usage of National Grid Electric Utility poles. SIGNATURE C/ C 4 DEPARTMENT HEAD TITLE : Rajender Mehta, Director, Management Information Systems 13S City of Buffalo Pa 1 of 7 04/14/08 NIAGARA MOHAWK POWER CORPORATION — CITY OF BUFFALO, NY CAMERA ATTACHMENT AGREEMENT THIS AGREEMENT, effective , 200$ is by and between Niagara Mohawk Power Co oration d/b /a National Grid, a corporation organized and existing under the laws of the State of New York, having its principal office at 300 Erie Boulevard West, Syracuse, New York ( "Licensor "), and the City of Buffalo, NY , a governmental agency within the State of New York, having its principal office at 101 City Hall, Buffalo, NY 14202, ( "Licensee "). The Licensor and Licensee when referred to jointly shall be known as the "Parties ". WITNESSETH: WHEREAS, Licensee has made application to Licensor for permission to make camera and camera accessory attachments to various electric utility poles owned by Licensor; and WHEREAS, Licensor has agreed to permit Licensee to make such attachments, in accordance with the Terms and Conditions specified hereafter. NOW, THEREFORE, the parties, with the intent to be bound, agree as follows: TERMS AND CONDITIONS: FIRST: DEFINITIONS As used in this Agreement: (A) Licensor's "poles" means electric distribution poles owned in total or part by Licensor. (B) Licensee's "attachments" meads camera and camera accessory attachments to the following Licensor poles: POLE NO. ADDRESS (STREET NAME TOWN /CITY /VILLAGE City of Buffalo P ,ig (- 2 of 7 04/14/08 SECOND: GENERAL TERMS (A) Licensee attachments shall be (i) constructed and maintained in accordance with the provisions of the National Electric Safety Code (NESC) or National Electric Code (NEC) as applicable and as from time to time supplemented and amended, and (ii) of such material and in such location, form and manner as to comply with the standard specifications of Licensor. Licensce shall alter the location, form or manner of its attachments when required so to do to accommodate them to the altered or added construction of Licensor. Licensee shall inspect the attachments at reasonable intervals and shall maintain the same in good order and repair. All of the above actions shall be at Licensee's sole cost and expense. (B) Licensor does not make any representation or warranty as to the present or future strength, condition, or state of repair of any poles. Licensee shall by test or observation determine that poles are safe to perform work. thereon. If the integrity of any pole or equipment/facilities thereon is in question or is marked by Licensor as unsafe, Licensee shall confirm said condition with Licensor and refrain from working on the pole. Licensee shall assume all risk of loss to any person(s) who may be injured or any property that may be damaged as a result of its action. (C) Nothing contained herein shall be construed to confer upon or warrant to Licensee any rights of property in said poles. Licensor does not guarantee to Licensee the right to attach to said structures and maintain such license as it may have the legal right to give, and shall not be liable to Licensee in damages for any delay, obstruction or interference, whether by litigation or otherwise, with the placing and maintenance of said attachments. Licensee shall at the sole cost and expense of Licensee, comply with all laws, ordinances, .rules and regulations of the state and municipal authorities and departments relating to or affecting the right of Licensee hereunder to attach and maintain the attachments, and shall, at Licensee's sole cost and expense, secure and obtain any and all permits, licenses and consents that may be nccessary in connection therewith. (n) No use, however extended, of the poles of Licensor by Licensee shall be taken as creating or vesting in Licensee any greater right than that herein expressed. (E) Poles may be jointly owned with the local telephone company. In the event the Licensee proposes to make attachment to jointly owned poles, the Licensee shall apply to and obtain, independent of the Licensor, consent of the joint pole owner for the proposed attachment(s). (F) This Agreement shall continue in effect for a term of ten (10) years from the date hereof and thereafter automatically renew for successive periods of ten (10) years, unless at least one (1) year prior to the expiration of the initial or any renewal term either party gives written notice of termination to the other. THIRD: LICENSEE COVENANTS Licensee hereby covenants in consideration of the privileges herein granted: Pj City of Buffalo Page- 3 of 04/14/08 (A) To pay Licensor in advance, the amount of the charge(s) herein fixed. (B) To pay any and all taxes assessed against Licensor because of said attachments upon its structures, and in case Licensor pays the same, to make reimbursement of the full arnount upon demand. (C) To use the attachments only for purposes of operating and maintairrir -g public security cameras and related accessory equipment. (D) In the event Licensor's business needs .require the removal of Licensee's attachments, Licensee shall remove or relocate its attachments from the structures of Licensor within fifteen (15) days after the mailing of written notice by Licensor to Licensee at the above address, and upon failure so to remove within said fifteen days Licensor may proceed to remove the same at the expense of Licensee and the latter shall promptly and on demand pay to Licensor the entire expense incurred in making such removal. FOURTH: FEES (A) Attachment Fee - Licensee shall pre -pay to Licensor an. attachment fee. The current rate is $320.48 / pole attachment / (l 0} year neriod. The attachment fee is subject to periodic change, as determined by.l.,icensor or as directed by any governmental agency having jurisdiction. (B) Make -Ready - Licensor shall determine whether, in order to accommodate the attachments of Licensee, any rearrangements or changes are necessary to the poles. The evaluation and resulting work is referred to as "make ready" work, and is reimbursable by Licensee to Licensor. The costs of Licensor inspections made during construction and the initial post - construction survey (it' any) shall be borne by Licensee as part of make -ready charges. The costs of periodic inspections or special inspections, if found necessary due to the existence of substandard or unauthorized attachments, shall be recovered as additional make -ready payable by Licensee. If any camera, camera accessory equipment, or other facility of Licensee shall be found on a pole for which no license has been granted pursuant to this Agreement, Licensor, without prejudice to its other rights or remedies under this Agreement or otherwise, may: (i) impose a fee, (ii) require Licensee to remove such cable, equipment, and facilities forthwith, or (iii) require Licensee to make application for attachments. For the purpose of determining the fee, absent evidence satisfactory to Licensor to the contrary, the unlicensed use shall be treated as having existed for a period beginning on the date of this Agreement, and the fee for any such period shall be calculated at the then - current attachment rate. Any such fee imposed by Licensor shall be in addition to its rights to any other sums due and payable and to any claims or damages under this Agreement or otherwise. No act or failure to act by Licensor with regard to said fee or said unlicensed use shall be deemed as a ratification or the licensing of the unlicensed use. (C) Payment for all reimbursable fees shall be received by Licensor within 30 days 3 City of Buffalo Page. 4 of ? 04/14/08 of date of invoice. Late fees of 1.5 percent per month will be applied to all outstanding balances in excess of 30 days. Failure to pay all reimbursable fees and late fees on the specified date may, in the sole determination of Licensor, be deemed a material default by Licensee under this Agreement. Upon payment of make ready and attachment fees, completion of required make ready work, submittal of the required insurance certificate, and full compliance with the terms and conditions detailed herein, Licensor will permit Licensee to install and maintain Licensee's attachments, at the sole cost and expense of Licensee. FIFTH: LIABILITY (A) In consideration of the privileges granted herein, Licensee shall defend, protect, indemnify, and save harmless Licensor from and against any and all loss resulting from injury (including injuries to the employees or damage to the property of Licensor arising out of, resulting from, or in any manner caused by the presence, use of maintenance of said attachments or equipment on said poles, or by the acts or omissions of Licensee's agents or employees while engaged in the work of placing, maintaining, or renewing said attachments or equipment on said poles, or of removing them therefrom; and such loss shall include all casts, charges, expenses, and attorney's fees reasonably incurred in connection with such injury or damage and, also, any payments made by Licensor to its injured employees or to their relatives or representatives in conformity with the provisions of any workmen's compensation act or any act creating a liability in the employer to pay compensation for personal injury to any employee by accident in the course of employment, whether based on negligence.on. the part of its injured employees by virtue of any collective bargaining agreement or employee's benefit plan.. . (B) For the duration of this agreement and except as stated in section ( C ) below, Licensee shall provide and maintain at its own expense, insurance policies, issued by reputable insurance companies acceptable to Licensor, which meet or exceed the requirements listed herein: (1) A public liability policy insuring Licensee against liability for injuries to persons (including death at any time resulting therefrom) and damage to property, resulting or arising from or connected with Licensee's operations under this Agreement with the following minimum limits of liability per occurrence: Bodily Injury - $1,000,000/1,000,000 Property Damage - $1,000,000/1,000,000 OR Combined Single Limit - $,1,000,000 OR BI & PD per Occurrence - $1,000,000 General Aggregate & Produet Aggregate - $2,000,000 each This policy shall include Contractual Liability and include Licensor as an Additional Insured. 4 City of Buffalo Page 5 of 7 04/14/08 1, (ii) Licensee shall promptly provide Licensor with a Certificate of Insurance for all coverages required herein at the following; address: Niagara Mohawk Power Corporation Attn: Risk Management, Bldg. B -3 300 Erie Boulevard West Syracuse, NY 13202 Such certificates, and any renewals or extensions thereof, shall provide that at least 30 days prior written notice shall be given to Licensor in the event of any cancellation or diminution of coverage. (iii) Licensee shall promptly advise in writing Licenser's representative of (a) all claims relating to damage to property or injury to or death of persons arising or alleged to have arisen in any manner by or directly or indirectly associated with the erection, maintenance, presence, use or removal of the Licensee's equipment. Copies of all accident reports and statements, made to the Insurer by Licensee or others, shall be furnished promptly to Licensor, and (b) any discovered damage. or defects in pole or equipment condition, required repairs, etc. (C) - Licensee may elect to self - insure one or more of the insurance requirements contained in the Article FIFTI I. In the event Licensee elects self - insurance, Licensee shall indemnify and hold harmless Licensor from any and all liability that would have otherwise been covered by such insurance had the coverage been in effect. In addition, (a) the Licensee shall submit under its letterhead in writing to the Licensor's Risk Management department those insurance requirements that will be self- insured by the Licensee. (b) the Licensee understands and agrees that such right to self insure shall not be interpreted to mean a limitation or cap on Licensee's liability obligations to any third party under this Agreement. SIXTH: ASSIGNMENTS AND TRANSFERS Licensee shall not assign this instrument or any rights in or under the same without the written consent of Licensor first obtained. Any assignment, transfer, or subletting of this Agreement or any licenses by Licensee shall be null and void, unless written approval or consent has been granted by Licensor. ,Subject to the foregoing, however, this Agreement shall extend to and bind the successors and assigns of the parties hereto. 5 City of Buffalo Page 6 of 7 04714/08 SEVENTH: AMENDMENTS AND MERGER This Agreement supersedes all previous agreements between the parties for maintenance and placement of cameras and camera accessory equipment by Licensee and constitutes the entire agreement between the parties. It may not be modified or amended nor may any obligation of either party be changed or discharged except in writing signed by the duly authorized officer or agent of the party to be charged. 6 City of Buffalo Pas,e 7 of "7 04/14/08 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first above written. ACCEPTED: NIAGARA MOHAWK POWER CORPORATION (Licensor) By: Name: Title: Date: (signature) ACCEPTED: CITY OF BUFFALO, NEW YORK (Licensee) By: Name: :r ONLY 1 -'4 Title: i C Lql�t� fop nsel Date: (signature) 11 Mr. Montana moved: That the above communication from Management Information Systems dated May 8, 2008, be Deceived and filed; and That the Director of Management Information Systems, be, and lie hereby is authorized to enter into a Camera Attachment Agreement with Niagara Mohawk Power Corporation (National Grid) to use various electric utility poles to install Police surveillance cameras on behalf of the Buffalo Police Department. Passed. 17 TABj t1wp601mswordVmv1170 -13 a.doc .*AYE* DAVIS EQbg-AN—A RAN= KEARNS Loci= REM "U SBUL— smffH ------------- [MAJ- 5] 9 0. [2/3 61 [314 -7] 9 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 05/06/2008 FROM: DEPARTMENT: Management Information Systems SUBJECT: (:24 Hour or Take Home City Motor Vehicle Use I� I� 1= PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx, C.C.P. xx /xx /xx) Item No. 121 CCP April 29, 2008 G No City Motor Vehicle of any type is assigned to any staff member of Department of Management Information Systems SIGNATURE f+% " DEPARTMENT HEAD TITLE: Raj Mehta, Director RE.FERRED To THE SPE'UAL BUDGET nll SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 05/06/2008 FROM: DEPARTMENT: Management information Systems SUBJECT: [:Travel appropriations from 07/01/2006 to date PRIOR COUNCIL. REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xx /xx /xx Item No. 127 CCP April 15, 2008 Total Amount expensed on Travel since 07/01/2006 to date - $515,60 Break Down: Date of travel - Nov. 14 thru 16th , 2007 Employee Name - Daryl Springer, Destination - Toronto Purpose of Travel - Attended Self Service Reporting Training with Business Objects. The training was not offered locally. - Total cost $457.71 (Covers - Travel, meals and hotel) Date of Travel - Oct. 2007 Employee Name - Robert Leach, Destination - Manasas, Virginia Mr. Leach was paid moving expenses by the city through a different appropriation (not part of MIS Budget). This appropriation only covered his out of pocket expenses - $57.89 - SIGNATURE DEPARTMENT HEAD T TILE : Raj Mehta, Director REFER RR) .. TO SHE G'0MAP11TTEE ON FINANCE. # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 8, 2008 FROM: DEPARTMENT: Management Information Systems DIVISION: SUBJECT: Wi -Fi Pilot Project PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: (TYPE SINGLE SPACE_BELOW The City's Management Information Systems Department has begun a multi - component initiative called "Wi -F!" with the objective of increasing the number of Buffalo schoolchildren who regularly use personal computers and the internet for educational and practical day to day uses. Preliminary implementation of the Wi -Fi initiative includes at least four related components as follows: 1. City "donation" of 10 de- commissioned City owned personal computers to 10 identified students (with parental consent) at Buffalo Public Schools .74 and 30 for use of the computers in their homes for the duration of the approximately 4 week long duration of the Wi -Fi Pilot Project (if the 10 computers were not "donated ", these 10 computers which are now entirely obsolete for City uses would have to now be disposed of properly and there would 4 be no gain or advantage whatsoever to the City or City schoolchildren); 2. City "donation" or other facilitation of a donation of 10 generic wireless access cards for use in the 10 computers; 3. City acceptance or other facilitation of donated "access points" or "Wi Fi" areas at the two selected City schools (Schools 74 and 30 — the 10 identified recipient schoolchildren need to reside within 1000 feet of the schools for these computers to be able to access the internet); 4. City MIS Department technical support staff to get these aspects of the Wi -Fi initiative kick - started and up and running. I am recommending that your Honorable Body authorize appropriate MIS staff to execute all such documents and or to take all such other actions as are necessary to facilitate and implement the Wi -Fi Pilot Project and each of the above components of this early phase of the Wi -Fi initiative. TYPE DEPARTMENT HEAD NAME TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: SV RAJ MEHTA DIRECTOR rc Mr. Montana moved: c"/ That the above communication from Management Information Systems dated May 8, 2008, be received and filed; and That the Director of Management Information Systems, be, and fie hereby is authorized to execute all such documents and or to take all such other actions as are necessary to facilitate and implement the Wi -Fi Pilot Project and each of the above components of this early phase of the Wi -Fi initiative. Passed. 20 TA13:rmv t :1w1)6411 i iswordVn1v12Oc5 -13 a. d oc l *AYES` NO DAVID - FORMA KEARNS IOCL= * '� RIVERA .... *. RUSSELL * * * * * * * [MAJ- s) * 9 * 0. [ 2/3 - 61 [3/4 - 7 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS May 13, 2008 ill (Rev. 1/93) SIN PAGE COMMUNICATION 'I'O 'I'HEi COMMON COUNCIL TO: THE COMMON COUNCIL DATE.: May 7, 2008 FROM: DEPAR`T'MENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: 1: Notification Serial 1110222 [: Metered Parking - Repeal [: on Main Street, west side [. between West Tupper Street l: and a point 260 feet north therefrom [: ( Ellicott District) PRIOR COUNCIL, RE1'ERF3NCE: (I1 ANY) [: Ex. (e — a - No xx C.C.P. x xlxx /xx) METI?Rl PARKING - 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 part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therelrom the; following: METERED PARKING METERED PARKING LOCATION Main Street, west side between West Tupper Strect and a point 260 feet north therefrom PERIOD OF ME`1'I3RLD PARKING 2 hour maximum gam to 5prn Monday - Friday RATE OF METERED PARKING Rate B $.50 per hour This action is being taken in conjunction with design plans for reconstruction of the 700 block of Main Street. S.• 5 - ------- --- DAH /EDS /RWS TYPE DEPARTMENT HEAD NAME:`! '� A. Hornung, 1 TYPE TITLE: Acting City Engineer SIGNAT OF DEPARTMENT HEAD: (hfinTv,pper],6E)ultc� 1) #1 (Rev. 1193) SINGL PA GE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 7, 2008 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: Notification Serial #10223 [: Metered Parking; - Repeal j: on Main Street, west side [: between a point 260 feet north of West Tupper Street [: and Pearl Street [; ( Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. ( Item N xxx, C.G xx lxxlxx) ME'TERED PARKING - REPEAT., in conformity with Section 49 of Cliapter 479 of the Ordinances of the City of Buffalo, the City 1ngineer hereby notifies Your I Ionorabie Body of this action supplementing, emending, or repealing existing; provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after t11e first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing tberctrom the following;: NIFT'ERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Main Street, west side between a point 260 feet north of West Tupper Street and Pearl Street 8 hour inaxinunn gam to 5pm Monday - Friday Rate D $2.00 per day This action is being taken in conjunction with design plans for reconstruction of the 700 block of Main Street. e SJS /DAH /EDS /RW S "TYPE DEPARTMENT HEAD NAME: David A. Hornung, P.E. TYPE ".TITLE: Acting City Engineer SIGNA TURE OF DEPARTMENT HEAD: {nfain ?!l3Nfiggkr- Pca�IRCpaU �� � - If I (Rev. 1193) SING LE. PAGE COMMUNICATION TO "THE COMMON COUNCIL, TO: THE COMMON COUNCIL, DATE: May 7, 2008 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJFC"T: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx C.C.P. xx/ /xx METERED PARKING - INSTALL, In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council erecting at which they appear on the agenda as an itern business. [: Notification Serial 1110224 [: Install Metered Parking [: on Main Street, west side [: between West'fupper Street [: and Pearl Strect [: ( Ellicott District) That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATION PERIOD OP MI'TERF.D PARKING RATE OF ME'T'ERED PARKING Will Street, west side between West Tupper Street and Pearl Street 2 hour maximum 9am to 5prn Monday - Friday Rate B $.50 per hour This action is being taken in conjunction with design plans for reconstruction of the 700 block of Main Street. SJSIDAII IEDSIRWS TYPE DEPARTMENT HEAD NAME: ,'a ° David A, Morning, P.E. TYPE TITLE: Acting City Engineer SIGNATURE OF DL APTMFNT II AD: �- (h4ai�i 1liplxrl'aarlPisl�lp 41 (Rev. 1/93) SING P AGE COMMUNICATION "I - O `fHE COMMON COUNCIL 'I'O: THE COMMON COUNCIL DATE: May 7, 2008 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering 3 SUBJECT: [; Notification Serial #10225 [: Install Stop Signs [; in Comstock Avenue [: at Lisbon Avenue [: (University District) PRIOR COUNCIL, REFERENCE: (.IF ANY) Ex. (Item N o, x xx C .C.P. xx /xx /xx STOP SIGNS (ALL -WAY) - INSTAL.L. In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section I I of Chapter 479 of Ordinances of the City of Ruffalo be supplemented by adding thereto the following; STOP SIGNS VEHICLES ON Comstock Avenue SHALL STOP BEFORE ENTERING Lisbon Avenue This action is being taken as a result of an investigation into the accident history of this intersection precipitated by a written request for all -way stop control. The results of this. investigation indicate that this intersection meets criteria established by the Federal Highway Administration and the New York State Manual of Uniform Traffic Control Devices for the establishment ofmultiway stop applications. SJS /DAH /EDS /RW S TYPE DEPARTMENT HEAD NAME: / A. Hornung, P.E. TYPE TITLE: Acting City Engineer Id r�q t SI ,NATURE OF DEPAR`I'MEN I" .HEAD: -- z (C, A.kt: Js ,- Swp -dw) RF A ND Fit-ED 0 Ck 0 " ffI (Rev. 1/93) SIN PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 23, 2008 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [ Change in Contract [: City -Wide Sidewalk Replacement - 2006 (: Group 4658 -.P & J Construction Co., Inc.. Contract ##92011257 PRIOR COUNCIL REFERENCE: (IF ANY) (: Item #49 of C.C.P. 11/28/06 [: Item 1128 of C.C.P. 6126/07 [: Item #22 of C.C.P. 10/2/07 Item #15 of C.C.P. 10116/07 [: Item # #9 of C.C.P. 11/27/07 (: Item ## 17 of C.C.P. 4/15108 I hereby submit to Your Honorable Body the following request for additional work to the above named project. This change order is necessary to replace island curb /landscape: St. Mary's Road -- Doat to Walden. Contract Unit Estimated Estimated Item De scription Price Quantit Cost R07.105A Granite Curb - -- NYSDOT Type "A" $40 /lin.ft. 2,259 $90,360.00 5" x 16" Replacment (Mount Airy) R07.105RA Granite Curb — NYSDOT Type "A" $45 /linA 130 $5,850.00 5" x 16" Radius Replacment (Mount Airy) 8502.5014 Sawcutting Asphalt Pavement, $3 /lin.0. 2,259 $2,389.00 Concrete Pavement & Asphalt Overlay on Concrete Pavement 613.0101 Topsoil $50 /cu.yd. 125 $6,250.00 1 1.I 10 Hydroseed $0.20 /sq.ft. 9,600 $1,920.00 90.500 Miscellaneous Construction Allowance$5,000 /lump suns as necessaty$5,000.00 Total "Total $111,769.00 Existing Contract Amount $1,705,83140 Increase in Contract $111,769.00 Total Contract to Date $1,817,601.40 Funds for this work are in CDBG Account #33 -50203 ($96,961.00) and permission is requested to accept a transfer into our Capital Project Account #30032106 445100. The remaining funds ($14,808.00) are available in Capital Project Account #30032106- 4451.00. 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. DAII:MJZ:Ilf cc: Steven J. Stepniak Bill Heinhold. Ed Porter Councilmember Fontana TYPE DEPARTMI NT "EAD NAME: David A. Hornung, Ph.D., P.E. TYPE TITLE: ''ty Engineer SIGNATURE OF DEPARTMENT 14EAD: �] P Mr. Fontana proved: That the above communication from the Acting City Engineer dated April 23, 2008, be received and filed; and That the Acting 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 $111,769.00, as more fully described in the above communication, for work relating to City - Wide Sidewalk Replacement — 2006, Group #658, Contract #92011257. Funds for this project are available in CDBG Account #33 -50203 ($96,961.00) and that the Acting Commissioner of Public Works, Parks and Streets accept a transfer into the Capital Project Account #30032106- 445100. The remaining funds of $14,808.00 are available in Capital Project Account #30032106 - 445100. Passed 22 'rAB:rmv 1Awp60\msword\:nnv1220- 13ai.doc - --'� �.-- � � � � +� � �. #'� star �1* � � �t 'IR � iF �� V -. a cif �i� �l+E �i� i '� # *' �F W �t�, aE i ,� � � I *i�ri�r Q *i�l* CA '� �� �n � r ���_ ��� U U0024 #1 (Rev. 1/93) SINVL PA VE; COMMUNIL".ATION'T`O TH13 COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: DATE: May 6, 2008 [: 257 Lafayette Ave ) [; Encroachment into [: City right of way (Niagara District) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No,xxx,_C.C.P. xx /xx /xx) Mr. Karl Frizlen, President of The Frizlen Group architecture firm, has requested permission to encroach City right of way at 257 Lafayette Avenue with a parking area. The proposed parking area is part of a renovation of an existing school building into apartments and office space. The parking area is located primarily on private property but a section measuring approximately 140'x 15' encroaches City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 67 (Encroachment Regulations) of the City Charter and recommends that Your Ionorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation including a building permit. 2. That the parking area be installed exactly as shown oil plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the encroachment does not exceed 2,100 square feet in area or project more than 15 feet from the property line into City right of way. 4. That the applicant be responsible for relocation of any underground utilities affected by the installation of said addition. 5. That the applicant supply the City of Buffalo with a construction in street bond and /or certificate of insurance, in an amount determined sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachment. DAH:SJS: MGM: arb TYPE DEPARTMENT HEAD NAME: David A. Hornung, Ph.D., P.E. 'T'YPE TITLE: Acting City Engineer SIGNATURE tJRE OF DEPAR`1'MT N "T :HEAD: It REFERRED TO T H F cOMMITTEE t, e t #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 30, 2008 FROM: DEPARTMENT Public Works, Parks & Streets Commissioner's Office DIVISION SUBJECT: [: Permission to Hire Consultant [: ADA Building Signage [: Exterior Installation [: City Owned Buildings [: Job #0811 PRIOR COUNCIL REFERENCE (If Any) [: EX. (Item No. CCP ) TEXT Requests for Proposals for the Exterior ADA Signage, Exterior Installation, City Owned Buildings, were sent out on April 10, 2008 and the following proposals were received: DiDonato Associates $ 66,700.00 689 Main St., Buffalo, NY Barton, Hovey, Nardini & Tries $137,600.00 2495 Main St., Buffalo, NY Watts Engineering No Bid 2836 Main St., Buffalo, NY Permission is hereby requested from Your Honorable Body to retain a consultant to prepare plans and specifications and provide construction oversight for the ADA Signage, Exterior Installation, for City Owned Buildings. Funds are available in 36320506 445100 - Buildings. slum SJS /DAH /SAG /dIg cc: S. Harvey, Buildings Department Head Name: Steven J. Ste nick Title: Signature of Department Head: Acting Commissioner of Public Works Parks & Streets Mr. Fontana moved: That the above corrlrnunication from the Acting Corninissioncr of Public Works, Parks and Streets dated March 30, 2008 be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and lie hereby is authorized to prepare plans and specifications and provide coil stl-tactioil oversight for the ADA Signage, Exterior Installation for City - owned buildings. Funds for this project are available in 36320506 445100 — Buildings. Passed. 24 r AB:nuv '1':'nvp6U�nswm'c1�d'mv124c5 -13 a.doc *AYE* N-O DAVIS FONTANA , FRANCZYK * G�LOMBEK KEARNS IoCURTC) RIV RA * . RUSSELL * * NMffH * * * is = {Rev..s r S €' : 's_ ; E PAGE COMMUNICATION TO THL COMMON COUNCIL.. TO: THE COMMON COUNCIL DATE: May 6, 2008 FROM: DEPARTMEIv is Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids , � [: Crackfilling of City Pavements - 2008 [: Gr. #1685 PRIOR COUNCIL REFERENCE: (IF ANY) [: In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or Iess than the total bid. The following bids were received: Base Bid Thomann Asphalt Paving Co., Inc. $95,100.00 56 Gun.ville Read, Lancaster, NY 14086 Amherst Paving, Inc. $99,020.00 330 Meyer Road, Amerst, NY 14226 I hereby certify that the low bidder for the above project is Thomann Asphalt Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 95,100.00. Funds for this work are available in Capital Project Account #30310306-445100. The engineer's estimate for this work is $100,000.00 . The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not.made by June 15' 2008. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:DAH:MJZ:Ilf Attach. (1) cc: Bill Heinhold TYPE DEPARTMENT HEAD NAME: David A. Hornung, Ph.D., P.E. TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: PAS 'arks & "Streets Crackfilling of City Pavements - 2008 ITEM NO. ITEMS WITH UNIT BID PRIi Thomann Asphalt WRITTEN IN WORDS 01.400 Engi€�eering Materials UNIT BID Fixed Bid UNIT BID TOTAL 04.400 Plastic Joint Material PRICE $ 12.110 Maintenance & Protection of Traffic $500.00 10% of Base Bid, Minimum $15.25 $ 12.120 Veh Towing $1,600.00 $24,000.00 90.500 Miscellaneous Construction Allowance $1.00 Fixed Bid $40.00 $1,000.00 As Necessary Gallons Group #685 PPR OXIMAT QUANTITIES 4,300 15 Days 25 Each 100% As Necessary contractor Contractor I Thomann Asphalt Co., Inc. Amherst Paving, Inc. UNIT BID TOTAL UNIT BID TOTAL PRICE DOLLARS PRICE DOLLARS_� $500.00 $500.00 $500.00 $500.00 i $15.25 $65,575.00 $17.40 $74,820.00 $1,600.00 $24,000.00 $1,180.00 $17,700.00' i $1.00 $25.00 $40.00 $1,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 ~_ +. Total $95,100.00 Total $99,020.00 Mr. Fontana moved: `That the above communication from the Acting Commissioner of Public Works, ' \. V Parks and Streets dated May 6, 2008, be received. and filed; and Ttiat the Acting Commissioner of Public Works, Parrs and Streets, be, and he hereby is authorized to award a contract for the Crackfilling of City Pavements -- 2008 Group #685, to Thornarin Asphalt Paving; Co., the lowest responsible bidder, in the amount of $95,100.00. Funds for the project are available in Capital Project Account #30310306- 445100. Passed. 25 TAB:nnv takvp 60\mswordVnivl25c5 -13 a. doe *AYE'S NO DAMS # FONTANA FRAN, CZY ap - KEARNS LOCI= RIVERA * - RUSSELL * SMITH * * * ----- --- - - - - -� ( MA7- 51 * 9 * 0, [213 - 61 [3/4 - 71 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 25 2008 eF� FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildin s SUBJECT: [: Report of Bids [: Father Conway Park Shelter House [; Roof Reconstruction [: Job #0747 [: Fillmore District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP 111 I asked for and received the following informal bids on September 18, 2007 for the Farther Conway Park Shelter House, Roof Reconstruction. Jos. A. Sanders & Sons 99 -917 Lathrop, Buffalo, NY Jameson Roofing Co. 906 Evans, Hamburg, NY Progressive Roofing 331 Grote, Buffalo, NY Weaver Metal & Roofing 40 Appenheimer, Buffalo, NY Base Bid CO #1 $17,577.00 $ 880.00 Change Order #1 is to furnish and install an additional 64 sq. ft. roof deck and 20 If fascia wrap material. I certify that the foregoing is a true and correct statement of all emergency bids received and that Jos. A. Sanders, in the amount of Eighteen Thousand Four Hundred Fifty Seven and 001100 Dollars ($18,457.00), is the lowest responsible bidder in accordance with the plans and specifications. Funds for the work are available in S /DAH /SAG /dIg cc: Comptroller S. Harvey, Buildings Department Head Name: David A. Hornung, P.E. Title Acting City Engineer Signature of Department Hea .�- 39320806 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Acting ConInIissioner of Public Works, �A Parks and Streets dated April 25, 2008, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Father Conway Park Shelter IIouse, Roof Reconstruction, Job #0747 to Jos. A. Sanders, the lowest responsible bidder, in the amount of $18,457.00. Funds for the project are available in 39320806 445 100 - Division of Buildings. Passed. 26 'rns:rniv C:I ] 3a.doc +FIaE r W aE 1 a� *E * O V) %3h i u 6- 000028 1 #1 (Rev. 1/93) S INGLE PAG E; COMMUNICATION TO TITE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 6, 2008 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of }aids {; Repair to City Pavemncts - 2008 [: Gr.I #684 PRIOR COUNCIL, REFERENCE: (IF ANY) In obtaining these bids for the above mentioned project, t. have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Thomann Asphalt Paving Co., Inc. $91,850.00 56 Gunville Road, Lancaster, NY 14086 Surianello General Concrete Contractors, Inc. $257,832.50 635 Wyoming Avenue, Buffalo, NY 14215 I hereby certify that the low bidder for the above project is "Thomann Asphalt Co., Inc. 1 respectfully recommend that your Honorable Body authorize a contract award in the amount of $ $91,850.00. Funds for this work are available in Capital Project Account #30310306- 445100. The engineer's estimate for this work is $115,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by .Tune 15 2008. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:DAH:MJ7 :Ilf Attach. (3) cc: Billlleinhold TYPE DEPARTMENT HEAD NAME: David A. Hornung, Ph.D., P.E. TYPE TITLE: S.IGNXFURE OF DEPARTMENT HEAD: PAS EV Streets 017-1 Repair to City Pavements - 2408, Gr. #684 Contractor Contractor .r Thomann Asphalt Pavinq Co., Inc. Surianelio General Concrete, I nc. ITEM NO. ITEMS WITH UNIT BID PRICE APPROXIMATE UNIT UNIT BID TOTAL UNIT BID TOTAL, WRITTEN IN WORDS QUANTITIES PRICE DOLLARS PRICE DOLLAR 01.400 Engineering Materials 100% As $1,000.00 $1,000.00 $1,000.00 $1,000.00 Fixed Bid Necessary 02.110 Unciassified Excavation 25 Cu.Yd. $45.00 $1,125.00 $380,00 $9,500.010 (Minimum Bid $30) 01412 Small Machine Milling of Asphalt Pavement 75 Sq.Yd. $9.00 $675.00 $125.00 $9,375.00 0 " -3" inch depth (less than 50 s.y. per location) (Minimum Bid $6) 03.210 Subbase Course - Pavement 25 Cu.Yd. $45.00 $1 $392.30 $9,807.50 2" crusher run 4.120A Asphalt Concrete - Modified Fine Top 75 Tons $75.00 $5,625,00 $187.00 $14,025,00 Machine Laid (PG- 64 -22) < 2,000 sq.yd. 04.150A Asphalt Concrete - Top, Binder 0" - 3" 50 Tons $185.00 $9,250.00 $245.00 $12,250.00 Hand Laid for Pavement Repairs 04.150E Asphalt Concrete - Base, Binder, Top -Equij 50 Tons $135.00 $6,750.00 $250.00 $12,500.00 Assisted for Pavement Repairs 3" or more (bid = or less than 04.150A) 805.110 Cement Concrete Base - Replacement 50 Cu.Yd. $90.00 $4,500.00 $525.00 $26,250.00 R05.120 Metal Reinforcement - Pavement 100 Sq.Yds. $0.50 $50.00 $10.60 $1,060.00 (4 x 4 a_w.g. - 4" x 4 ") R05.205 Concete Sidewalk - 5" Replacement 2,000 Sq.ft. $4.00 $8,000.00 $8.50 $17,000.00 05.416 Sawing Pavement/Concrete Base 500 Lin.Ft. $5.00 $2,500,00 $13.30 $6,650.00 for Pavement Repair (Minimum Bid $4.00) 05.430 Sawing Curb - 10 Ramps 75 Lin.Ft. $10.00 $750.00 $42.30 $3,172.50 (Minimum Bid $10.00) i 08.112 12 inch Sewer Pipe 10 Lin.Ft, $35.00 $350.00 $375.00 $3,750.00 (Minimum Bid $35.00) gr up684 Repair to City Pavements - 2008, Gr. ##684 Contractor Contractor Thomann Asphalt Pavinq Co., Inc. Surianello General Concrete, Infa. ITEM NO. ITEMS WITH UNIT BID PRICE APPROXIMATE UNIT UNIT BID TOTAL UNIT BID TOTAL WRITTEN IN WORDS QUANTITIES PRICE DOLLARS PRICE DOLLARS 08316 Receiver Replace 5 Each $500.00 $2,500.00 $2,500.00 $12,500.00 (Minimum Bid $500.00) 08.522 2'x 2' Catch Basin 2 Each $1,000.00 $2,000.00 $9,400,00 $18,800.00 (Minimum Bid $1,000.00) 08.640 Manhole - Frame Adjustment (Pavement) 5 Each $400.00 $2,000.00 $605.00 $3,025.00 (Minimum Bid $350) 08.650 Brick Course Adjustment (Pavement) 15 Each $175.00 $2,625.00 $480.00 $7,200.00 (Minimum Bid $175) Course 08.940 Fresh Air nlet - Adjustment 5 Each $75.00 $375.04 $606.00 $3,030.00 (Minimum Bid $75) 09.810 Water Service Box, Cover & Bolt 5 Each $15.00 $75.00 $650,00 $3,250.00 Install /Replace (Minimum Bid $15) 09.812 Water Service Box, Top Section 5 Each $125.00 $625.00 $690.00 $3,450.00 Install /Replace (Minimum Bid $125 09.820 Water Service Box Adjustment 5 Each $75.00 $375.00 $605.00 $3,025.00 (Minimum Bid $75) 11,115 Hydroseeding 500 Sq.Ft. $0.50 $250.00 $7.00 $3,500.00 (Minimum Bid $0.40) 12.110 Maintenance & Protection of Traffic 100% As $5,000.00 $5,000.00 $5,000.00 $5,000.00 (fixed bid) Necessary 12.445 Yellow Temporary 4" Pavement Stripes 500 Lin. Ft. $0.25 $125.00 $0.25 $125.00 (fixed bid) 90.500 Miscellaneous Construction Allowance 100% As $25,000.00 $25,000.00 $25,000.00 $25,000.00 (fixed bid) Necessary 90.900 Mobile Office 6 Monthly $200.00 $1,200,00 $200.00 $1,200.00 (fixed bid) gr up6$4 Repair to City Pavements - 2008, Gr. #684 Contractor Contractor Thomann Asphalt Pavinq Co., Inc. Surianello General Concrete, I nc. page 2 ITEM NO. ITEMS WITH UNIT BID PRICE APPROXIMATE UNIT UNIT BID TOTAL UNIT BID TOTAL WRITTEN IN WORDS QUANTITIES PRICE DOLLARS PRICE DOLLARS 403.110 Asphalt Concrete - Type 1 75 Tons $45,00 $3,375.00 $185.00 $13,875.00 Base Course < 2,000 sq.yd.) 403.13 Asphalt Concrete - Type 3 75 Tans $45.00 $3,375.00 $187.50 $14,062.50 Binder Course < 2,000 sq.yd. 613.0101 Topsoil 30 Cu.Yd. $35.00 $1,050.00 $140.00 $4,200.00 (Minimum Bid $35) 24608,50 Detectable Warning Surface - 10 Ramps 100 Sq.Ft. $2 -00 $200.00 $102.50 $10,250.00 2' x 5' per ramp page 1 $41,700.00 page 1 page 2 $42,150.00 page 2 page 3 $8,000.00 page 3 Total $91,850.00 Total $125,340 $89,105 $42,387 $257,832 group684 Mr. Fontana moved.: That the above communication firom the Acting Commissioner of Public Works, Parks and ,Streets dated May 6, 2008, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for City Pavements — 2008, Group #684 to Thomann Asphalt Paving Co., Inc., the lowest responsible; bidder, in the amount of 01,850.00. Funds for the project are available in Capital Project Account #30310306- 445100. Passed. 27 TA13 :rmv ONvp60\im ord\miv127c5- 13a.doe . *AYE* NO AAVIS FOUNT ►,ETA * * * FRANCZYK GOLOMSEK KEARNS RPVERA * *. RUSSELL # SMC!°H * * * * [------- - - - - -- [ MA7 - 5 J * 9 * 0, [213 - 6] [314 - 71 BYI ON W, BROWN MAYOR Ms. Jacqueline E. Rushton Senior Legislative Assistant Council Staff 1413 City Hall Buffalo, New York 14202 May 2, 2008 � 4 3 s'I'I V.I-"N J. Sl`EPNIAK ACTING (;QMMISSIQNER RE: Item No. 127, C.C.P. 04/15/08 "Req. City Depts & BURA to Submit Travel Expenses from 712006" Dear Ms. Jacqueline Ruston: In response to your request of April 16, 2008 i have attached a copy of a letter stating the details of the one -day travel to New York City by myself and the City Engineer, David Hornung in February 2008. In addition, I have also attached an itemized exhibit which lists all expenses incurred under Item No. 1, entitled: Travel, Lodgins and Subsistence. The above expenses are the only travel expenses that have occurred by any employee of the Department of Public Works, Parks and Streets since July of 2006. If you should have any questions or should require additional information, please contact me at 851 -5636. a ommissioner Public Works, Parks & Streets SJS:cam cc: David A. Hornung, Ph.D., P.E., City Engineer (cc050208.doc) REFERRED, TO T"t-W ""OMMITTEE 0000 DEPARTMENT OF PUBLIC WORKS, PARKS & STREET'S 3 65 NIAGARA SQUARE / 502 CII'Y IIALL / BUFFALO, DIY 14202 -3373 /(710) 551 -5636 / FAX: (716) 851 -4201 sstepitsak(tricity,i)tiCFalo.cosn BROON W. BROWN MAYOR Alisa A. Lukasiewicz Corporation Counsel 1100 City Hall Buffalo, New York 14202 RE: Federal Transportation Agency (FTA) Capital Project Meeting February 13, 2008 STEVEN J. STE PNIAK ACTING COMMISSIONER As part of the Department of Public Works, Parks, Parks and Streets Medical Campus Project and Cars on Main Street, the Acting City Engineer, David A. Hornung, Ph.D., P.E., and myself, Acting Commissioner, are required to attend the FTA meeting to be held on February 28, 2008 in New York City. The funds for this travel expense are built into the Fait - Albert's contract (Contract No. 92011247). The purpose of this meeting is to discuss the funding schedule for the Medical Campus and the Cars on Main Street Projects. Departure: Thursday, February 28, 2008 5:50 A.M. Return: Thursday, February 28, 2008 3:05 P.M. if you should have any further questions, please contact me at 851 -5536. Very trgly yours# - f6ven )�. `Stepniak Acting Commissioner Public Works, Parks & Streets SJS:cam cc: David A. Hornung, Ph.D., P.E., City Engineer Cavette Chambers, Law Department *021308.doc) D EPARTMENT OF PUBLIC WORKS, PARKS & STREETS 65 NIAGARA SQUARL / 502 CITY HAIL / BUFFALO, NY 14202 -3373 / (716) 851 -5636 / rAX: (716) 851 -4201 / Email: sstepruakQcity- buffslo.com Buffalo Niagara Medical Campus Street Improvements - Phase Ellicott Street - Goodell Street to Best Street Buffalo, New York Exhibit C, Page 1 Estimate of Direct Non -Salary Costs t _ Foit- Albert Associates Architecture, Engineering and Surveying, PC 1: Travel Lod i and Subsistence Per Diem (NYC -FTA Offices) 1 days @ $50.00 !day $50.00 $50.00 Air Fare (NYC - FTA Offices) 1 trip @ $184.00 /RT $184.00 $184.00 Cab Fare (NYC - FTA Offices) 1 trip @ $105.00 /RT $105.00 $1 05.00 Tri s to: trios miles pet trip mileage miles e r to City 16 2 miles/trip 32 Site 55 0 milesltrip 0 Total Mileage 32 @ $0.445 $14.24 irip5 cost Per trio Tolls 0 $0.00 per trip $0.00 $0.00 Parking @ City Hall 16 . $7.25 parking fee $116.00 $116.00 Parking @ Airport 1 $20.00 parking fee $20.00 $20.00 TOTAL TRAVEL, LODGING, & SUBSISTENCE COST $489.24 $489 2. Reproduction brawincrs, & Reports Each SheeWset Sets Design Approval Document (8 1 /,' x 11 ") $0.09 0 0 $0.00 Color Documents $0.99 0 0 $0,00 Xerox - Working (11" x 1T) $0.18 550 1 $99.00 - Color Documents (11" x 17 ") $1.98 65 1 $128.70 Project Documentation (8Y :" x 1'1 ") $0.09 550 1 $49.50 Specifications $0.09 455 15 $614.25 Photocopies (11" x 17 ") $0.18 35 1 $6.30 Brochure (Color) $3.55 1 75 $266,25 Presentation Boards (Color) $40.00 6 1 $240.00 Prints (drawing submissions 22 x 34) $1.98 22 2 $87.12 Plots (22 x 34) $2.60 22 1 $57.14 Bid Sets (11 "x17 ") $1.98 22 15 $653.40.. Mylars (22 x 34) $10.39 22 1 $228.56 TOTAL DRAWING, REPORT, REPRODUCTtON COST $2,430.21 $2,430 3, Lana Distance Telephone 45 weeks 3 callslweek @ $4.00 /call $540.00 $540.00 $540 4. Posta_M Each Quantity letters @ $0.30 111 543.29 small package. @ $4.00 27 $108.00 overnight letter @ $11.25 5 $56.25 overnight package @ $25.00 5 _ $125.00 TOTAL POSTAGE COST $332.54 $333 5. Pavement Cores 10 cores $85 !core $850,00 $850.00 $850 Rfn -S0L Wt l xi L . y pay ttr, Fontana 8, 11r, LotCu to DI IE- TIN ALL C11'I DEPARTMENTS, ALOE G WITH # THE BUFFAL URBAN RENEWAL AGENCY J"SURAION BEHALF OF THE AGENCY AND ITS SUB-CWIRACTORS, TO SUBMIT A SW0ARY OF THEIR TRAVEL AND TRANSPORTATION APPROPRIATIONS FOR THE PERIOD JULY 1, 2008 TO DATE WHEREAS In r cent yaar�i the City of BuffalO has made 9feat strides to reduc_- its trav41 tperasas,- and WI°11','REAS It is ineviia able tiac:It tine j`a �jijill ho 't4iias whon it in roaso able, pfuclant 0 neces nary for na City epari:Yn nt or Agency to tray.i l in order to fulfill its duffle s, re'sponsibil ttc-'s and oblt atiow) under the City Chart �vw and othor governing shitut s; and. 1 AJ, 1 HFREAS. For roc; ons outside 01 the City of f d- 08 M ftr0l, f a cast of fuel 'N1 risen dr rrt tic -ally in recent yp ar an(! is now at record highs; and " I I These higher file) Costs have lor the cost of try` val to greatly tly incre asa as well; and WHEREAS, As pail of the City's upcoming Budget rovietoi process, it is the responsibility of the City's elected officials to raview, and if mecessary reassess, tiro travel policies of City Departments and Agencies; and THFRE O , HE IT I li OLVE THAT: Ali City Departments, and the Buffalo Urban Renewal Agency on behalf of the. agency and its sub- contraotor's, shall prepare a list, by name, e, of all present and past employees and agents who participated in business related travel on behalf of the Department or Agency and its stab - contractors, for the period froin JLaly 1, : 006 to date. This list shall include: 1. An cmp lariatiort of the purposo of SwIc"1 traVull; 2. The destinations of such travel; and 3. I cost of such travel; and All City e (at meait:3, and the Buffalo Urban Renewal Agency on behalf of tfro agency and its sub-contractors, shall file U saforernentioned information with the City Glow,( for review by the Common Council at its ragular r, eating sch€ dulc d for April 29, 200('31. Michael P. Kcanis i�Il ch Cl J. i_,oCurto Richard A. Fontana w �'� Ali y . I FROM THE COMMISSIONER OF POLICE May 13, 2008 6` 0 0 oo SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL Jj TO: THE CO�'YIMON COUNCIL DATE: NI iv 13, 2005 FROM: DT11'AR`I'MFNT Public Woi-ks, Parks and Streets Use of Portion of R.O.W. of N. Division Strect (: Between Oalc and Ellicott PRIOR COUNCIL REFT?RENCI,: (II+ ANY) (: Ex. I tem No. xxx.C.C.P.xxlxx / xx TEXT: TY{ I'F ,SI NCi,I' SPACE BELOW) The Niagara Frontier Transportation Authority has requested permission to utilize the City tight of w ay on North Division. Street between Oak and Ellicott for parking of authorized vehicles and reserved taxi stands. The area is located on the North Side of North Division Street and contains suff icicnt parking for cline vehicles within a curb cut parallel to the front of the NpT'A Bras 'ferminal. The portion of North Division between Oak and L'llicott would reinain open to thru traffic, but the parking lane within the curb out would be restricted to Niagara Frontier Transportation Authority functions and uses. The area reserved for these uses would be approximately 8' x 200' (1,600 square feet). The Department of Public Works, Parks and Streets has reviewed the request of the NFTA pursuant to Chapter 413 -67 (f.,neroachment Regulations) of the City Charter and has tro objection to the proposed encroachment and proposed usage as it will have no impacts on traffic flow or safety on this street segment. Thcrefira °e, the Department of PubhC Works, Parks and Streets has no objection to Your Honorable Body authorizing the, Commissioner to issue a. "Mea•e l.,ice rise" for the use of tlac City bight of Way for NI-'TA purposes for the use of the City Right of Way, as above described for its purposes, provided the following conditions are rnet. That the applicant obtain any and all other required City of .Buffalo permits. That the applicant shall be responsible for maintenance of the parking area within the City right of way. That the applir._rrat l,f_ r_.h rrec'cl arty ft e� establisljecl :for sirnilar situations wherein {;ity right ofvvay is utilized as a parking area. 4, That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner May order the immediate re.naoval Of the encroachment as described in Chapter 413- 67(1-') of the City Charter. That the applicant sully tile, Department of Public Works, Parks and Streets with a Certificate of Insurance, in an amount: deemed sufficient by Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use, or removal of said area. TYPE DEPARTMENT HEAD NAME: Steven J. StePniak TYPE TITLE: ActiDg Commissioner SIGNATURE OF DEPARTMENT HEAD: __ REFERRED `O T H MMIT'TE ON LEGISLATION. 71.,. 01�0 Q CITY OF BUFFAL DEPARTMENT OF POLICE BYOWN W. BROWN MAYOR May 6, 2007 Common Council 1308 City Hall 65 Niagara Square Buffalo, New York 14202 Re= Item #118 CCP April 20, 08 `The Presence in the City of Buffalo" Dear Common Council, H. McCARTHY GIPSON COMMISSIONER Need for a Greater Police Thank you for requesting our Department's comments on the afore- mentioned matter. Please be advised that our Department shares your concern for the citizens' valid complaints referenced in your Resolution. To the extent that our manpower allows, we do increase patrols city-wide. Based upon your Resolution, our Department will increase patrols in the North District as much as possible, within the limits of our budget and manpower resources. Veity truly yours, H. McCarthy Gipson Commissioner of Police REFERRED TO THE COMMITTEE ON UF`,G1.SLA1'10N. 74 FRANKLIN STREET / BUFFALO, NY 14202 --4099 / (716) 851 -4444 / www.bpdny.org FROM THE COMMISSIONER OF FIRE May 13, 2008 BYRON W. BROWN MAYOR May 5, 2008 Common Council 65 Niagara Square Room 1413 - City Hail Buffalo, NY 14202 CouncilMembers: 1 ell d� i� p Y' f TT'7' T BUFFALO FIRE DEPARTMENT MICHAEL LOWAItDO COMMISSIONER PATRICK T. L,Ir,WIS GAWE'LL M. SMITI I GARNFI. T, W. WIII'I'hI ,L17, JIt_ I7FIPUTY COMMISSIONI:,Rs The attached is in response to the travel information requested by the Common Council (Res. #127,CCP Apr 15, 2008). Sincerely, Michae Lombardo Commissioner of Fire MUjw F_y i::- ..�.F L v C �. .tsc�ll liii L t•� Y � F • ? ON i ANANCE. 191 COURT STREET / BUJI' ALO, NY 14202 -2692 / (716) 851 -5333 / FAX: (716) 851 -4304 / w\vw.6ty- U1jFfA1ox1)m BUFFALO FIRE DEPT TRAVEL 7/l/06-4/23/08 Date PO DafeS COST IVa!]]8 Locution PUOS£ BUDGET" EXPENDITURES 7!19106'_1 7/19 -20 10,4/06, 18002418'9/18 -24106 $400.00 $871.11 Whitfield,Garnelll ;Hess, John !Stasio, Robt Niagara University Orlando, Florida Bi- National Emer. Prep. Conference 2006 Conf.of International Code Council 12115/06,18004479 &812/6 -7/06 8319.51 Andrycha,Robt & Mez Paul PA State Police Pa Police Radio System Tour 12/18106: 1800449911/24 -26/07 $362.96 Lewis, Patrick Alabany, NY Best Pract under GML 207A &C Seminar 1!5/07 180048351/24 -26/07 $446.48 ''Morganti, Ronald Hawthorne, NY Biokey Research & Dev.@ Westchester Cty Fire Dept 117!07' 18004871:2/25-3/l/07 $375.00 Craft, Wm Jr SanDiego, Cal Fire House World Conference Registration only 3115/47. 18007455 :2/28 -29107 $101.67 'LaMacchia, James i Syracuse, NY Trade Meeting 4]91107; 18008188:3/20.22 107 $109.76 Parker, Larry Roch, NY Scott mask Training 4122/07; 18008727;517107 $75.00 NYAcad.Fire Science .Montour Falls, NY Fire Sery Instr I reg fee J.LaMaccia, D.Bossi, M.Eg 5/24/07: 18010051;4/30107 $23810 'Colangelo, Salvatore ;Upton, NY ATF K9 Recertification 5/29/07' 18010195'5/17 -18/07 $804.37 `Lombardo, Michael Harrisburg, PA Fire Expo 2007 5129/07 18010194'5/1 7 -1 8107 $325.35 Lucca, Frank Harrisburg, PA Fire Expo 2007 614107' 9/7/07 18010402',5/17 -26/07 20kW -07 FISCAL 1900198 916107 $1,172,50 Adinolfi, Andrew $5,601,81:: $251.92 ;Lombardo, Michael Harrisburg& Ephrata , Pa Boston, Mass Fire Expo 2007 & LTI Amer.Lafrance Aerial Training School Funeral for Firefighter 10/11107 19003094':10/5/07 $130.51 'Lombardo, Michael Emmitsburg, MD Dedication for deceased FF Donald Herbert 10/18/07' 19003192 9/29 - 10/4/07 $1,094.54 Stasio, Robt Reno, NV Inter.Code Council Annual Conference 10/22/07. 19003401.10/9/07 $71.08 Lewis, Patrick Albany, NY NYS memorial for Donald Herbert 10/24107. 19003518'10/8/07 $71,22 ',Craft, William Montour Falls, NY "Fire Instructors Conference 19008210 11/7-9/07 $318.89 ''Oneill, James Montour Falls, NY NYS Fire Inv Arson Seminar _3 124/08 1 12/28!07 190fl5566 12116 18107 ! $764.56 Lombardo, Michael ;Washington, DC National Gonf for Secure Communities wlMayor 217/08' 19006736' 1/27 -31108 $769.64 Farrow, Linda Columbia, SC Smart Masters Training Certification Event 4/27 -5 12/08 $1,780.00 ;Lombardo, Michael Virginia Beach, VA NFPA Metro Fire Chiefs Conference (estimate) 2/22/08] 19007231',5/11 -16/08 20!17 -t?$ FISCAL, _._ $225.00 1 LaMacchia, James $5,476.55 Montour Falls, NY Flre Sery Instructors 11 Course (estimate) i, CKAN E5I5 /2008 BUFFALO FIRE DEPT TRAVEL 7/l/06-4/23/08 Date PO I Dates cost i Name L ocation �U GRANT REIMBURSED TRAVEL _.._ ........ 9125106. - - - -- 18002088. 9126 -29106 1,080.45Whitfield,Garnell LasVegas, NV EMS Conference 10/20/06 18002871110120 -22/06 613.87' Whitfield, Garnell Syracuse, NY EMS Conference 10/22106 18002875'9/26 -29/06 1,165.94 Hainestetter LasVegas, NV ;EMS conference 10x'24/06 18002933 9/26 -29106 1,062.68 Mazurowski Syracuse, NY EMS Conference 11/13/061 18003423'9/26 -29106 645.00 Cyg LasVegas, NV Vegas EMS conf. Reg istrationWhitfie ld,Mazurowsik, Han estetter 12/11/06, 18004285 -30/06 - 993.19 Whitfield, Garnell Washington, DC 2006 National MMRS Conference 18005761.1129-31 /07 $345.91:. Hiller Mark Ithaca, NY Cornell Univer Basic Chemistry for Emer Responders _ 211!07` 2/6/07: 18005763:1129.31107 $338.94'Stewart.Michael 'Ithaca, NY Cornell Univer Basic Chemistry for Eme Responders 2/6/07 18005762 1/29 -31/07 $322.93'Victor, Mark ;Ithaca, NY Cornell Univer Basic Chemistry for Emer Responders 21111071 18006452 3120 -23/07 $659.47 Coyne, Thomas Los An geles, Cal. i LosAn 3/20/07 inter. 2116/07' 18006714' 1/29 -31/07 $352.93; Fitzpatrick, Thomas Ithaca, NY Cornell Univer Basic Chemistry for Emer Responders 2/16/07' 18008187' 1/29 -31/07 $780.00; Firehouse Training Ithaca, NY Basic Chemistry for Emer Responders - reg istration 4 men 4/17107'1 18008595`3/17- 20/07, $717.6 Whitfield, Garnell Nashville, Tenn National Disaster 2007 Medical Conference 4127/07'' 1800874214/15 21/07 $4,674.10! PDSI Orange County, Cal hotel & flig hts, lombardo ,lucca,parisi,coyne, lam acchia telestaff 4/0 4/27/07 18008974!4/15 -21107 $739.48 Michael Oran County Cal telestaff training 4/27107: 18008978;4115 -21107 $670.30' Lucca, Frank . Orange County, Cal telestaff training 4130/07 18009022 $167.24 Coyne Thomas ;Oran County, Cal telestaff training 4/30/07 18009025i4/15-21 $116,37``Lamacchia James Orange County, Cal Itelestaff training 7/16/07' 19000337'6110 -14/07 $347 54Clotfelter, Wm Syracuse, NY trench rescue tech level/ USAR 7/16/07 190003366/10 -14/07 $280.47 Meldrum Thomas Syracuse, NY trench rescue tech (eves/ USAR 7/16/07' 19000338 6/10 -14/07 $117,41 Raszeja Joseph . Syracuse, NY trench rescue tech level/ USAR 8/1{07: 19000921:6/10-14/07 $50.00 Fire Academy iS yracuse, NY trench rescue tech level/ USAR 8/16/071 19001390!8/5 -10/07 $232.38 Craft, Wm Syracuse, NY tre nch rescue instructor certification 8122/07' 19001498 7/31- 812107 $1,208.23' Smith Garnell Minneapolis, MN FEMA After Action 2007 Conference 9/23/07' - 190025278/20 -21/07 $301.141Meldrum Thomas Syracuse, NY i trench resc instructor certification 9125/07' 19002612:8 $50.00: Fire Academy Syracuse, NY Craft/cloffelter trench rescue tech level registration 11/2/07'' 19003887 10120 -21107 '' $85.22 Fitzpatrick ;Oriskany, NY Hazmat leadership workshop 11/16/07. 19004346.11/11-14/07 $1,511.24 Morganti SanAntonio, Texas Zoll Data Conference 19009244;1/29108 $107.47 Lombardo, Michael jAlbany, NY UASI Meetin 3/24/08' 19008317 3/15 -19108 TOTAL , . GRANT TRAVEL, $1,116.52 ;Whitfield, Garnell $20854.09 Nashville, Tenn ;National Disaster 2008 Medical Conference CKANE5/5/2008 S Iii FROM THE CORPORATION COUNSEL May 13, 2008 (��YFP MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 7, 2008 FROM: DEPARTMENT: LAW SUBJECT: (: Req Cite Depts & BURA to Submit (: Travel Expenses from 7/1/2006 to Present PRIOR COUNCIL REFERENCE: (IF ANY) (:Item No. 27, C.C.P. 04115108) TEXT: (TYPE SINGLE SPACE BELOW In response to your Honorable Body's request for information on travel expenses incurred by the Department of Law from July 1, 2006 until the present, I offer the following for your review: Generally, Department of Law staff receives an automobile allowance reimbursement pursuant to Article XVI of the Collective Bargaining Agreement between . the City of Buffalo and AF SOME Local 650. Departmental staff is reimbursed for the use of their personal vehicles in the performance of their job duties: i.e. claims investigation, service of process, oral argument before the Supreme Court, Appellate Division -- 4` Department, the Court of Appeals of the State of New York or the Second Circuit Court of Appeals. There is also a limited budget for registration fees for Continuing Legal Education (CLE) courses determined by the Department Head to be particularly germane to the practice of municipal attorneys. The Department's total travel budget for 2006 -2007 was One Thousand Three Hundred and Seventy Dollars ($1,370.00). The amount actually spent was Three Hundred Eighty -:Nine Dollars and Thirty -One Cents ($389.31), which is broken down as follows: $39.31 Transportation $0.00 Meals and .Lodging $350.00 Ducs -NYS Public Employer Labor Relations Assoc. Conference Registration for Eileen Fleming The Department's total travel budget for 2007 -2008 was "Three Thousand One Hundred and Twenty Dollars ($3,120). The amount actually spent was Two Hundred and Ninety -Four Dollars ($294.00), which is broken down as follows: REFERRED T T E COMMITEE r` CA Z $0.00 Transportation $294.00 Meals and Lodging for Asst. Corp. Counsel Eileen Fleming to attend NYS Public Employer Labor Relations Assoc. Conference $0.00 Dues Thank you for your attention to this matter. TYPE DEPARTMENT HEAD NAME: TYPE TITLE: ALISA A. LUKASIEWICZ Corporation Counsel SIGNATURE OF DEPARTMENT HEAD: FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES May 13, 2008 U 003 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL V. TO: THE COMMON COUNCIL: DATE: 5/02/08 FROM: DEPARTMENT: Economic Development, Permit & Inspection Services SUBJECT: [:Award Business Process Redesign to f= [:Environmental Management Associates, Inc. G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx, C.C.P. xx/xx /xx� Beginning in November 2006, the City of Buffalo's Department of Economic Development, Permit and Inspection Services began an intensive effort to identify the technical and related back office needs of its inspections, permit and licensing staff in order to ensure more efficient service delivery to Buffalo's residents and business owners. The Business Process Redesign of the Inspection Processes Request for Proposal sought to acquire the services of an experienced business process redesign supplier to assist the Department in redesigning its business processes with the goal of replacing its manual paper and pencil -based field data collection process with an automated, real -time solution where the data captured are a byproduct of a new capability that enhances the effectiveness of the Department's inspectors and their chiefs that comprise over 60% of the Department's total staff. The overall result of the Department's modernization program will be streamlined electronic inspection, permit and licensing activity to be made available to City staff that utilize property -based information such as the Departments of Fire, Police, Assessment and Taxation, Citizen Services, the Common Council and Office of Strategic Planning to provide more efficient intra- departmental service delivery. This RFP also calls for the Fire Department's inspectors to have their business practices streamlined into this program so that all relevant City code inspections are included in this modernization process. Modernizing the Department's inspection process will also better facilitate the efficient delivery and communications of Department services to the residents and businesses of Buffalo through enhanced government transparency. Members of the public that utilize real -time Department information will have access to this information through the City's website. This initiative is one of eight major technological projects that the City of Buffalo is undertaking to improve the effectiveness of its employees through the creation of more efficient business processes. The RFP is funded through a New York State Efficiency Grant, which has been awarded to the City of Buffalo and approved by the Buffalo Fiscal Stability Board. The Department of Economic Development, Permit and Inspection Services sought a technology partner who will ensure the success of this business transformation initiative by being responsible for: 9. Tracking the overall project plan status in accordance with the standards established by the Project Management Institute. 2. Mapping the as -is business processes. 3. Identifying current business process gaps. 4. Defining the to -be business process. 5. Documenting the functional design specifications for the new business system. 6. Communicating opportunities to the Chief Information Officer where upgrades to the City's website for public access to real -time inspection data would be cost effective. The Best Value Committee for the Business Process Redesign of the Inspection Processes RFP unanimously recommends awarding Environmental Management Associates Incorporated (EMA) the contract. We respectfully request your Honorable Body approve this contract that will not exceed $348,544. Funds are available for this purpose in account #24310526- 450000. 1 Thank you for your consideration. SIGNATURE DEPARTMENT HEAD TITLE: Richard M. Tobe Commissioner Department of Economic Development, Permit & Inspection Services REFERRED TO THE (.MMIWATTEE ON FINANCE- To: The Common Council: 0 01 1 Date: May 1, 2008 From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject: [: Food Store .License [: 3221 Dailey (University) Prior Council Reference: (If Awry) [: Ex. ( Item No. xxx, C.C.P._ /xx/xx Pursuant to Chapter 194 of the City of Buffalo Ordinances, please he advised that I have examined the attached application for a Food Store License located at 3221 Bailey (4 -11 Tip Top Enterprises) 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 ta.ccording to the attached. reports from the Zoni€ag 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: A --W— — Department Head Title: COMMISSIONER RMT:mrz REFERRED TO THE COMMITTEE ON LEGISLATION. I3i3SINE5S : PI.IONE: 8624549 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: CO.LIN RHODES APPL PHONE: - APPLICATION NUMBER: 548474 REFERRAL. DATE: 09/26/2007 REMARKS DISAPPROVAL REASON: NEW LICENSE 2008 CITY OF BUFFALO CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE F.ER.RARACCIO APPLICATION FOR: 4 —H TIP TOP FNTER—PR.ISI'S LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 3221 BAILEY BUSINESS PHONE: 862 -4549 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER REFERRAL DATE REMARKS: DISAPPROVAL REASON COLIN RI10DI;S 548474 09/26/2007 MUST CALL FOR APPOIN`.l'MI N'1' NEW LICENSE 2008 (TO BE COMPLE'T'ED BY AGENCY/DEPARTMENT RFFERRFD TO) APPROVED DATE:`� DISAPPROVED DATE: DISAPPROVAL CAIJ, RACK DATE: ***REASON FOR DISAPPROVAL MUST BE STATF,D 13ELOW - k** RI <:MARKS � L )rd INSPECTOR RNI# �'` EX'I' AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. �ppSr,p2.rpr crry OF BUFFALO CITY OF J3UI+'I +AL0 OFFICE OF LICENSES 313 CITY MALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REOUEST AGENCY / DEPARTMENT: IIOUSINC7 PROPER'T'Y INS REFERRED TO: VINCE FEERRARACCIO APPLICATION FOR: 441 TIP TOP EN'T'ERPRISES LICENSE TYPE: FOOD SPORE BUSINESS ADDRESS: 3221 BAILEY BUSINESS PHONE: 862 -4540 COUNCIL DISTRICT: POLICE DISTRICT - EXT APPLICANT NAME: C'OLIN RIIODES APPL. PHONE: - APPLICATION NUMBER: 548474 REFERRAL DATE.: 09/26/2007 REMARKS: DISAPPROVAL REASON: MUST CALL. FOR APPOINI'MI:,N'T -- - - - -- -- ------------------------------------------ - - - - -- •----------- - - - - -- NEW LICENSE 2008 (TO BY COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED i DATE C }ISAPPRC}VE;I) :f DATE: DISAPPROVAL CALL BACK DA`Z'E• ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. 'THANK YOU. AppS&p2.rpr INSPECTOR ;:::;..•« RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. 'THANK YOU. AppS&p2.rpr /, ( "� '-�' E I— OFFICE OF LICENSES 313 CITY IIALL, BUFFALO, NY 14202 (71 f,) 851 -4078 LICENSE APPLICATION (PLEASE CHECK LICENSE CATEGORY APPLYING FOR) � RESTAI_LIZANI' BAKERY --00 CTIONER RESTAURANT TAKTOU'1' CATERER FOOD STORE M1 , FISH & POULTRY Date ApPlicazztHome Phone # Applicant Address_ Ste 7i (No., Street) (Cit Tawn or V g ) Cc- Applicant Nance Co- Applicant Address ( — _ -o or age) _.__._ __ — .— _ - - - - -- _ ���� 13� No., Stret (City, Twza Vill (State} 01 Corporation Naine� '° 8 7� 64 er i'14� Date Incorporated Business Name Date of Business Certificate_ _—_ Business Address (No., Street) (City, Town or Village) (State) ( Mailing Address (if different than business addxessj (No. , Street) (City, Town ox Village) (State) (Zip) Business Phone # E _±� � _ 4 j P _ Fax State Tax 11) Number aker & Priirity # No. of Employees Subscribed and sworn to before Ine this Dayof _ Sno. 24 6 3 - — C on�rnissioner of Deeds in acrd for the City of Buffalo, New York Applicant Z),ignaiure Fees: Restaurant 0 -200 seats. $174.00 201 -400 seats $250.00 401+ $325 -00 Restaurant takeout/Cate-ring $ 88.00 Meat, Fish & Poultry (2 years) $150.00 Foots Store $115.00 Baker {cojafectioner 0 -2 employees $ 63 -00 3 -10 cmployees $105.00 11 -25 employes $157.00 26 -50 employees $315.00 51 -200 employees $525 -00 NON REFUNDABLE APPLICATION FEE Fst appl � To: The Common Council: 2 0 Date: April 28, 2008 From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject: [: Food Store License [: 882 Northland (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 882 Northland (O D's Food 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: Department Head Title: COMMISSIONER RMT: m rz REFERRED TO THE COMM ITTEE ON �L CITY OF BUFFALO OFFICE OF LICENSES 31� CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: �K N Ffff( :BALD APPLICATION FOR: O D'S FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'T'E: REMARKS: DISAPPROVAL REASON: NEW LICENSE 2009 882 NOR'T'HLAND 893 -3471 MA 16 THAI BAN1i 691 -8741 549333 01/30/2008 (TO BE COMPLETED BY AGENCY/DEPARTMENT ItEFERRED TO) APPROVE DATE: -� —, DISAPPROVED DATE: DISAPPROVAL CAIJ, BACK " REASO REMARKS: INSPECTOR RM# r� EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSrr DATE: DISAPPROVAL MUST BE STATED BELOW' CITY OF BUFFALO OFFICE OF LICENSES 31.3 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY 1 DEPARTMENT: FIRE PREVENTION REFERRED TO: LT, POCZKALSKI APPLICATION FOR: O D'S FOOD MART" LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE .DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 882 NORTIII.AND 893 -3471 MA 16 THAI BAN1I 691 -8741 549333 01/30/2008 S <A 01-c' Io- g en NEW LICENSE 2009 {TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO} ... APPROVED �. °� DATE: DISAPPROVED DATE: DISAPPROVAL CAIA, BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# Z....__ EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN; THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Apg8lip2.1pr CITY OF BUFFALO OFFICE OF LICENSES ,13 CI i Y III ALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: *F-VWFn7G =D � APPLICATION FOR: O D'S FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER: REFERRAL DATE: 882 NOWfHLAND 893 -3471 MA 16 THAI BANH 691 -8741 549333 01/30/2048 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) S APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL RACK REMARKS: INSPECTOR DATE: DISAPPROVAL MUST BE STATED BELOW` RMws�/ EXT k r't AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. npp3lip2.rpr CITY OF BUFFALO f OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY /DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: O D'S FOOD MART LICENSE TYPE: FOOD STOKE �✓ BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE:. REMARKS: DISAPPROVAL REASON: 882 NORTHLAND 893 -3471 MA 16 THAI BANII 691 -8741 549333 01/30/2008 (TO�MPI.ETED BY AGENCYIDEPA REFERRED TO) APPROVED DATE: U DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: W I [ � t n-- APPROVED DATE: DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW *** REMARKS: COMM. OF POLICE: rmV NEW LICENSE 2009 r AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. Appslip2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT; COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: O D'S FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 882 NORTHLAND 893 -3471. MA 16 THAI BANII 691 -8741 549333 01/30/2408 NEW LICENSE 2009 (TO BE COMPLE'T'ED BY AGENCY /DEPARTMENT REFERRED TO) F A PROVED DISAPPROVED DISAPPROVAL CAIA, BACK DATE:'' DATE: DATE: REASON FOR DISAPPROVAL MUST BE STATED BELOW` REMARKS: INSPECTOR ) _ RM# T____ XT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App$upZlpr y. T f L D r 0 S1 T (.. C--Ra TCTXSR CKMOORY .jPLYJNG FOF-) B� �x cOrFECTIoNM MANE jj7 , AN TAK FOTJT r GAI K MEAT`, ICISg & pow my I 200 am ,Fhonv# e - 1-kL-- Appfi= N n r 1 °I 1 x/ 0 r.1.r 1,? 4 �g c�. >} fro A' alt'all --M — CIO aWing A&drw (if '`css a ck�ss (Nc�Stx-r) (City Tawn b Vim) pat) } Far # ,Aatr-T"ID Number ($alco Co ec oracx )Illy, - A 4 E low _ St�b�ct�bat�z�s�rtabetrv�m� �� .. Cas�rtssia�ai' o�J� �� �� �Ortlra SHAIR No, OlVE60917 Notary Public -State of New York Qualified in Erie County My Commission Expires 0510512D ft- �� z4t -a�a 401+ ��oci Sto,�c �a��cozl�cGfxo�ex � � �la�css 3.10 WWIOTT' 2��{� c�sftyt�s $1'74.00 �2 rQ00 $3�5r�0 a m NON "FU"AU:UV Ap .CATIaN FFF #I (Rev. 1193) Single Page Communication to the Common Council To: The Common Council: Date: May 2, 2008 From: Department of Economic Development, Permit & Inspection Services Division: Type in Upper and Lower Case Only Office of Licenses Subject: j: Used Car Dealer [: 2300 Niagara (North) Prior Council Reference: (If Any) [: Ext. ( .item No. xxx, C.C.P. xx/xx /xx Text ( Type Single Space Below Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 2300 Niagara St and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applieable laws. I have caused an investigation by the Police Department into the moral character of Maged AIkhulagi. The attached thereto for .Maged Alkhulaqi dba/ Laears Auto. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: RICHARD M. TORE Type Title: COMMISSIONER Signature of Department Head: RT: PS:l ad 1. `l Interdepartmental Memo Date: May 2, 2008 To: Richard M. Tobe, Commissioner From: Patrick Sole Jr., Supervisor of Licenses RE: Common Council Communication Used Car Dealer at 2300 Niagara St. Per 97iy of Buffalo Ordinance Chapter 254, the following; is a check list of requirements for ffsed Car Dealer application to the Common Council: .ng Office Prevention Inspection Police Department = Police Record Check APPROVED . DA - DISAPPROVED DATE: x *XREASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: ommissiorlex AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppShp2.rp1 CITY OF BUFFALO OFFICE OF LICENSES " 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST.' % AGENCY 1 DEPARTMENT: POLICE r REFERRED TO: COMMISSIONER OF POLICE f APPLICATION FOR: LACARS AUTO � 'TYPE: ` ' LICENSE 2009 LICENSE USED CAR DEALER NEW BUSINESS ADDRESS: 2300 NIAGARA BUSINESS PHONE: (716) 877 -7771 COUNCIL DISTRICT: NO POLICE DISTRICT: 00 APPLICANT NAME: MAGED ALKHIILAQI APPL. PHONE: (716) 238 -0046 APPLICATION NUMBER; 549924 R.EI <ERRAL DATE: 04107/2008 REMARKS: DISAPPROVAL. REASON: n�Ic (TO BE COMPLETED BY AGENCY /DEP RTM NT REFERRED TO) P APP A TE: DISAPPROVED DATE: REMARKS: , • -t: t ,__� DISTRICT CAPTAIN APPROVED . DA - DISAPPROVED DATE: x *XREASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: ommissiorlex AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppShp2.rp1 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FffZGERALD APPLICATION FOR: LACARS AUTO LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: .BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'Z'E: 2300 NIAGARA (716) 877 -7771 NO 00 MAGED AI,KIIUI,AQI (716) 238 -0046 549924 04/07/2008 NEW LICENSE 2009 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED PA I'ROVEII DATE. DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW ` REMARKS: INSPECTOR RM # EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS . REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlipz.rpi CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 1€4202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: LACARS AUTO LICENSE TYPE: USED CAR DEALER NEW LICENSE 2009 BUSINESS ADDRESS: 2300 NIAGARA BUSINESS PHONE: (716) 877 -777I COUNCIL DISTRICT: NO POLICE DISTRICT, 00 APPLICANT NAME: MAGL:IJ ALKIMLAQ1 APPL. PHONE: (716) 238 -0046 APPLICATION NUMBER: 549924 REFFRRAL DATE: 04/07/2008 MAX. NO.OF VEHICLES ALLOWED APP OVER DATE: ' DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *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. AppSrplrpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL B NEW YORIC. 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: LACARS AUTO LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS- BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PRONE: APPLICATION NUMBER: REFERRAL DATE; REMARKS: DISAPPROVAL REASON: 2300 NIAGARA (716) 877 -7771 NO 00 MAGED ALKIMLAQ1 (716) 238 -0046 549924 04/07/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVE DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT \� J AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App8lip2.rpt TO B E MAMM) TO A u`uf�alo �c? �Ppartr>rt.ent �� . � G� Identifieatioit S eetTan � 7� Fr�aklin Street: B- offalo, New York 1.4202 here is X10.00 fee to process Chas data- By iaad, payment MrST be made by mo�ce or .. VO p ed Make mone T ' *vough the mail In person, payment can be nmade by.money order or cash. Checks r orders payable to the Buffalo police Depar#nlent. Be sure to inrludt a stomped, self 2 ddzessed. enyelope so that this information can be rllailed to you. Complete all the "ss-ionor of infomiation listed below and have your identifcation and signature - wrifie� by a thetas inP c (o C = NOp ]D 4s listed or1 the bottom of application_ Without tutal pomp reoeive the requested infarmation_ ALL SIGNATURES lYi` ST BE ORIGINAL n ' fMATDFN NAME NAME OF _kr LICAN]' SLR CUR"NI' ADDRESS: D ATE OF BIRT_ IL S0CIIAL SECURITY # xEA,509 FORREQUIST_ SIGNATURE OF APPLICANT DATA...— State of New Yo -Tk County of Elio } `S 3`w City of Duffaw I 011 the r day tj�( Z04 before me pl'rsoiix�ly appeared J to me known to be t11(', same person described it1, anal who executed. foregoing in.strUmmnt and 4"0 ged the REGINA A. ef;owN - NO. 01 D R6067054 Notary Public, Staie of New Yes* 121A, — – �? ualified in Magma Couniy • N PiIbLCICOI117I7- lS5101eT OfDeedS MY Commission Expires Feb. Z 2010 ...:,.._.. _,T BE C(:)MyLETED BY Il)ENTIFrCATION SKCTION PEES01ML,... , ., ,_. _k......,.......... PsCO" ATTACBEI) VER]p'7ED BY RECORD ON TI � --- ------- ---- �----- LF DATE VERMED ND NC7T USA c3E THIS INFORMI TIC)N IS NOT BASED 014 FlNciFRl'I1N'I` IDFM'IFICA'1'10N. Dc) NOT RETAIN A� TER 60 DAYS FROM DATE VERTFIED. Nc?T V'kL1D'UNTIL STAM �,0L_AyVLIV.1x0C OFFICE OF UCENSES 317 CITY HAIL BUFFALO, iYEw YORK 142V $51 -4078 LICENSE APPLICATION APPLICATION MUST RE COMPLETED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICA'T`ION NO EXCEPTIONS ,FLEAS'Z Ctl(ECB LICEMjZ CA'rEGoaY Af?MYANG FORE) USED CAR DEALER — SECONDHAND DEALER SCRAP PROCESSOR GARAGE SALE WHOLESALE JUNK PAWNBROKER ' FLEA MARKET (NO. OF VENDORR ) 3 ll r VI2 1 1 4 APPLICANT HOME PHONE 9 APPLICANT NAME i /3 V 1 [ p may Apr- I.ICANT ADDRESS -1 4 -' r . 4 ca r iL - - - (N ., s�''i"1 (cn'rri'tswrs UR vttLAr,Y) (STATE) {x� CO- APPLICANT NAME— --- -- CO- A)P'PLICANI' HOME PIIONE CO- APPLICANT A.DIIRESS___ _ — (NO., 5TItELT) (cm, TOWN Dit vl "'AGE) {5"E'A"F�'.) (ZIP) co"ORATION NAME R II — DANE INCORPORATE— BUSINESS NAME BUSINESS ADDRESS 2S ' UUS][NESS PIIONl FAXtt-� X2 �)' - = 7 �_A<PPLICANT HOME PHONE STATE TAX iD NUMBEP' � DA'T'E OF BIRTH —PLACE OF BiRTII /r 6 - —A81E YQU A C1.S. CI77ZEN.- IIA V.E YOU EVER BEEN CONVICTED OF A CRIME? MQ IF-, Sp STATE WHEN, WHEM NATURE OF OFFENSE AND DISPOSITION _— -- LIST PRINCIPAL OFFICERS OF CORPORATION (IF APPLICABLE) { (ADDRESS) � �...— ... -.�. (NANTEI (ADDRESS) [NAME) {ADRIKSS) (NAmy) (ADDRESS) 4NAM.4') (ADIDF S5) (PNWNBROKER ONLY) GIVE SCHEDULE OF RATES PROPOSED TO BE CHARGED _.__ Sutrscrihed and sworn to before me this Al F , — Cummissio'nor of D, es sin and far the REGMA A. BROWN City of Buffalo, ew Yark Na. 01 aR6gB7t N Norary Public, State of New York Oualified in Niagara County My Commission Expires Feb. 2, 2010 NON REFUNDABLE APPLICATION FEE Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated May 2, 2008, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Maged Alkhulacli d/b /a Lacars Auto located at 2300 Niagara Street. Passed. 35 TAB:rniv T:Iwp 601rnswordlnnv\3 5e5 -13 a. doe 0 \. O( *AYE* NO DAVIS FONTANA GQLOMSEK KEARNS * �' Loci O RUSSELL smrrH [- ------ - - - - -] [ Mar - s j * 9 * 0, 2 - 6 [3/4 - 71 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING May 13, 2008 431 MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: April 25, 2008 FROM: Community Services and Recreational Programming Subje Approval of Service Contract with Erie Regional Housing Development Corpor tion, Buffalo LeaderShape AmeriCorp Program ENTER PRIOR COUNCIL REFERENCE. (IF ANY) TEXT: JYPE SINGLE SPACE B Erie Regional Housing Development Corporation- Buffalo LeaderShape AmeriCorps and City of Buffalo, has agreed to a partnership for a one year period, which may be renewed annually. All Erie Regional Housing Development Corporation AmeriCorps members will serve as a member of a Community Immediate Response Team, for a maximum of 6 days /year on weekends and holidays throughout the year. City of Buffalo Department of Community Services agrees to enhance the Americorps members experience and to assist the Erie Regional Housing Development Corporation in tracking the progress of the program. School Partnerships: Corps members will serve as tutors and mentors, coordinate extracurricular activities, and encourage service and leadership opportunities for the student body. By facilitating service and leadership opportunities, members will become an integral part of the students' school experience. After - School and Out -of- School Programs: Members will provide academic support and mentoring in educational after - school and out -of- school programs. One of the most popular extracurricular initiatives is "Camp LeaderShape" a structured full -day, school -based learning and recreation program for young students held during winter and spring vacations. Youth Leadership Corps: Corps members serving on Youth Corps teams will lead elementary, middle, and high school -aged students through social issues curricula that combine teamwork and community service_ As a member of one of these teams, they will recruit youth participants and volunteers, plan and lead service projects, and implement lesson plans. Volunteer Engagement: Members will recruit and engage volunteers of all ages in service, developing onetirne service project opportunities and creating on -going volunteer opportunities. ,_3 i Physical Service: Throughout the year, teams of corps members organize and carry out service projects in the communities they serve. About once a month, you will join your teammates in a day -long physical e service project, such as turning a vacant lot into a community garden or painting murals to revitalize neighborhoods. Thank you for your immediate attention to the above. TYPE DEPARTMENT HEAD NAME: Tanya Perrin - Johnson TYPE TITLE: Commissioner of Community Services and Recreational Programming SIGNATURE of DEPARTMENT HEAD: -� r EFERVU '.� Y k - y . FROM THE COMMISSIONER OF HUMAN RESOURCES May .13, 2008 000039 U AT 0 T Y ( F B t I F DEPARTMENT OF HUMAN RESOURCES Civil Service Division BYRON W. BROWN NTAYOR /(-A VZ� Z- DATE: APRIL 28, 2008 TO: COMMON COUNCIL � / FROM, OLIVIA A. LICATA, ADMINISTRATIVE DIRECTOR./ CH CIVIL SERVICE OLIVIA A.- LICATA I ARECTOR RE: ITEM #127, CCP, 4/15/08, "Req City Depts& BURR to Submit Travel Expenses from 7/2006" In response to the above item attached is information on. travel expenses for the Department of I-luman Resources from 7/1106 to Present. REFERRUO IN) THE �'G/IOWWLFOTTEE i "'ANCE, F � N 65 jN1A(;ARASQt.JA1U 1001 CITY HALL/ BUFFALOJNY 14202-3M/ (716) 851-5900/ VAX: (716) 851-5401 S a T F fa - 0 r� DEPARTMENT OF HUMAN RESOURCES Civil Service Division BYRO N W. BROWN MAYOR Travel Expenses from 711/06 to Present Employee Relations OLIVIA A. LICATA DIRT: ?("TOR August 24, 2006 - Leonard Matarese travel to pick up display unit for Police Officer Recruitment in Toronto, Ontario $ 22.24 August 25, 2006 - Leonard Matarese COPS Conference September 26, 2006 - Leonard Matarese ICMA Conference Transportation — Airfare Meals and Lodging Registration Civil Service $ 35.29 $ 219.20 $1542.94 $ 170.00 Total $1989.67 March 28, 2007 - Vatasha Tibbs recruiting for Police Exam in Boston, Massachusetts $ 215.74 March 28, 2007 - Justine Harris recruiting for Police Exam in New York City Gas and Tolls $ 49.88 Meals and Lodging $ 65.51 March 28, 2007 T Daniel Horan recruiting for Police Exam in Boston, Massachusetts Gas and "Polls $ 120.55 Meals and Lodging $ 4.05 March 28, 2007 - Vatasha Tibbs recruiting for Police Exam in New York City Gas and Tolls $ 42.16 Meals and Lodging $ 433.16 Total $ 93.1.05 65 NIAGtARA SQU ARV / 1001 (:TTY TT AIJ, / ]DUI +PALO, NY 14202 -3310 / (716) 851-5900/ FAX: (716) 851 -5401 FROM THE CIVIL SERVICE COMMISSION May 13, 2008 IWIMN W. BRO WN NT 1YOR 0 CITY OF BUMP T O DEPARTMENT OF HUMAN RESOURCES Civil Service Division DATE: May 5, 2008 TO: Common Council Council Staff Office Room 1413 City Hall FROM Olivia A. Licata t-Ij Administrative Director C�t��tat =4 D I Rl?Cl (At RE. Documentation of Monitors Pay for Civil Service Exams (Hourly) In response to your inquiry regarding the above item be advised of the following information (see attached sheet). R�" 651MAG,ARA sQUA RHI / 1001 CITY r € IA, / tsCTVALO, NY 1-1202 / (7tO) 851 -5900 / FAX: (796) 851 -5401 Entrance -level Police Officer Written Exam $ 12,397 Entrance Level Firefighter Written Exam 6,220 Entrance -level Police Officer Physical Agility Test (to date — anticipate additional testing) 1,870 Entrance -level Firefighter Agility Test (CPAT) (estimated cost for one test administration, anticipate two )125,440 Police Promotional Written Exams Fire Promotional Written Exams General Written Exams Performance Test for Truck Driver, Equipment Operator, Heavy Equipment Operator (estimated) Consultant II REV-ERRED To THE C(I.MMiTTEE oil CA'AL SERViCE- 350 3,042.50 145 6,000 26,000 Council Staff' Common Council CITY OF BUFFALO Chief of Staff May 2, 2008 James S. Pajak Olivia Licata Director Senior Legislative Assistant 1 V2oom 1001 City Hall Kevin tinder Buffalo, NY 14202 a Senior Legislative A ss i s t an t s Dear Ms. Licata: Brian C. Bray Leon M. Flicks At the 2008 -09 Budget Hearing held on Friday, May 2, 2008, it was requested that you Mark J. Jaskula Provide the following information: William Licata Marysol Rosado Jacqueline E. Rushton 0 Please provide the Buffalo Common Council with documentation of monitor's Legislative Aide Pay for Civil Service exams. Karen A. Privateer Please compile the above requested information and deliver it to my attention in the Council Staff Office, Room. 1413, AS SOON AS POSSIBLE. Our efforts' are ongoing, Buffalo, Near York 14202 -3318 65 Niagara Square, Room 1413 therefore an immediate reply s required. hired. Phone: (716) 851-5105 Fax: (716) 851 -4234 Thank you for your cooperation. Sincerely, Marysol Rosado Senior Legislative Assistant BYRON W. BROW MAWR C r �� T "F A DEPARTMENT OF HUMAN RESOURCES Civil Service Division DATE: April 28, 2008 TO: Common Council FROM: Olivia A. Licata Director, Civil Service Administration CAJN'.[A A. ],ICATA DIRECTOR SUBJ: ry Public Safety Psychology Contract Extension — Psychological Evaluation for Entry Police Attached is an extension to the contract with Public Safety Psychology, PLLC. This company will conduct psychological evaluations during the entry Police selection process. The original contract expired December 31, 2007. A new Police selection process will begin this spring. The extension is needed for use of this service. The costs, not to exceed $28,500.00, will come from our Engineering and Technical Services accounting line. REFERRED TO THE COMMITT ON AIL SERVICE,, 3 65N I A(, ARA SQUARE:/ 14101 CITY IfALL / litIF FAW, NY 14212-3310 / (716) 851 -59[11 / VAX- (776) 851 -5401 :T BYRON W. BROWN MAYOR CITY OF BUFFALO DEPARTMENT OF LAW 0 cil !I it *iitti ma t ALISA A. LUKASIEWIC'L CORPORATION CoUNSF.f, DAVID Rol)RIGUF7 SENIOR DEPUTY CORPORATION COUNSEL INTERDEPARTMENTAL CORRESPONDENCE TO: Olivia Licata Director of Civil Service. DATE: Aril 25 2008 RE: CONTRACT APPROVAL, PUBLIC SAFETY PSYCHOLOGY, PLLC EXTENSION WE ARE RETURNING IIEREWITII, APPROVL D AS 'I'O FORM ONLY, 1111 ABOVE REFERENCED CONTRACT ONCI; ALL RE QUIRED APPROVALS & SIGNATURES HAVE BEEN OBTAINED, PI.L?ASE FORWARD A FULLY EXECUTED COPY OF THE CONTRACT TO THIS OFFICE FOR OUR RECORDS. AL,ISA A. L.UKASIEWICI, CORPORA'T'ION COUNSEL. �� ff R BY: U �. . CA E`FTE A. CHAMBERS ASSISTANT CORPORA'T'ION COUNSEL ATTAC! IMT,NT PUBLIIC SAFETY PSYCHOLOGY, PLLC EXTENSION AGREEMENT TI IIS AGREEMENT made and entered into this _ day of _.._..____., 2008, is by and between the CITY OF 13UFFALO ( "CITY "), a nnunicipal 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 RE:SOURCI�S "), and PUBLIC SAFE'T'Y PSYCHOLOGY, PLLC, a company with offices located at 756 Madison Avenue, Albany, NY 12208 ( "CONTRACTOR "). WITNESSETH: WHEREAS, the CI'T'Y and CONTRACTOR entered into the PUBLIC SAFETY PSYCHOLOGY AGRI °:T MENT ( "AGREEMENT „ ) dated attached hereto and made apart hereof as "Exhibit A'; and WIIEREAS, the CITY requires the continued services of the CONTRACTOR to conduct a pre- employment psychological evaluation of each applicant who is tendered a conditional offer of employn - icrrt for entry-level Police Officer, consistent with the Pre - employment Psychological Evaluation Guidelines adopted by the hlternational Association of Chiefs of Police ( "IACP Guidelines "); and WHEREAS, in accordance with the terms of the AGREEMENT, the CITY has agreed to exercise its option and grant to CONTRACTOR a one (1) year extension of the AGREF'MLNT; and WHEREAS, pursuant to its passage of Item No. , dated the City of Buffalo Common Council has authorized I -IUMAN RESOURCES to extend the services of CONTRACTOR to perform the aforesaid services; and WHEREAS, this Extension Agreement is intended to memorialize the agreement entered into by and between the parties and shall be attached to and made apart of the AGREEMENT; and NOW THER.FFORE, for and in consideration of the foregoing and of the promises and agreements of the parties hereto, it is agreed as follows: 1. "I'he CONTRACTOR shall continue to provide professional and technical services in the field of pre- employrnent psychological evaluation that will satisfy professional standards and prevailing guidelines in the field of personnel Management and selection; and 2. That the terms and conditions of the AGREEMENT are hereby extended for an additional one (1) year commencing Januaiy 1, 2008 and terminating December 31, 2008, 3. That as compensation for the performance of the services herein described, the CONTRACTOR shall submit invoices for services rendered to the Commissioner of 1111nian Resources. Invoices for services for the period referenced in paragraph `2" shall not exceed the sum of three thousand five hundred dollars ($28,500). 4. That except as specifically modified herein, all remaining terms and conditions of the Original Contract remain in full force and effect. IN WITNESS WI IEREOF, the parties have set their signatures this ___� Day of ._._ 2008. PUBLIC SAFE'T'Y PSYCHOLOGY, PLL.0 CITY OF BUFFALO OLIVIA A. LICATA DEPUTY COMMISSIONER OF IIUMAN RESOURCES APPROVED AS TO FORM ONLY: ALISA A. LUKASIEWICZ C RPORATION jUNSEL 13Y: CAVE'I "I CMBERS ASSISTANT CORPORATION COUNSEL ACKNOWLEDGEMENT On the clay of in the year 2008 before me personally appeared OLIVIA A� LICATA to axe known, who, being by me duly swore, did depose and say that he reside(s) in Buffalo, New York; that he is the, DEPUTY COMMISSIONER OP HUMAN RESOURCES of the CITY OF BUFFALO, the Municipal corporation described herein and that lie executed the above instrument in his 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 WILJJAM MCINTYR.E to ine kjaown, who, being by me duly sworn, did depose and say that he reside(s) in that he is the, of PUBLIC SAFETY PSYCHOLOGY, PL.LC, 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 EXHIBIT A E: AGREEMENT' This agreement is made and entered into this day of Jasu iy 2007 by and –y— between the City of Buffalo, New York, a municipal corporation ( "City ") and the Department of Human Resources, a municipal subdivision ( "Human Resources ") and Public Safety Psychology, PLLC, a company with offices located at 756 Madison Avenue, Albany, NY 12208 ( "Contractor "), WITNE SUTH Whereas, the City wishes to conduct a pre - employment psychological evaluation of each applicant who is tendered a conditional offer of employment for entry -level Police Officer, consistent with the Pre - employment Psychological Evaluation Guidelines adopted by the International Association of Chiefs of Police ( "IACP Guidelines "); and Whereas, the Contractor has represented its capabilities to provide professional and technical services in the field of pre- employment psychological evaluation that will satisfy professional standards and prevailing guidelines in the field of personnel management and selection; NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS. I: TEST ADMINISTRATION 1.) The Contractor will provide a written test to be administered to each applicant who is tendered a conditional offer of employment for entry -level Police Officer, as the first step of the psychological evaluation. 2.) The City and the Contractor will work together to administer the written test in accordance with procedures developed by the contractor and approved by the City to assure maximum protection of the security of the tests and test content. 3.) The City will provide guidelines for seating, environmental controls, comfort facilities and rest breaks. 4.) In coordination with the Contractor, the City will provide test staff with comprehensive training concerning the receipt, storage and return of material as well as other test security procedures. The Contractor will be responsible for printing, transporting and disposing of al i exam material, used and unused, if needed. S.) The City will recruit testing staff (monitors) for administration of the test, if needed. The Contractor will issue checks for payment to the monitors. 6.) The Contractor will conduct individual, face -to -face interviews with candidates, using a serni- structured, job - related interview format. The interviews will cover appropriate background infonnation and verification of the results of the written test. 7.) The Contractor will provide a sufficient number of interviewers based on the number of applicants needed to be processed within the required timefrarne. 8.) The- interviews will be conducted in accordance with Contractor's guidelines with approval by the City. 9.) The testing instruments and procedures will conform to Title VII of Chapter 42 of the United States Code, the Uniform Guidelines on Employee Selection Procedures, and the Americans with Disabilities Act as codified in 42 U.S.C.A, Sec, 2000e, I.I. REPORTING l.) The Contractor will provide the City with a written report that evaluates the suitability of each candidate for an entry -level police officer position, based upon an analysis of all psychological material, including test data and interview results. The report will discuss each candidate's ability to perform the essential functions of an entry -level police officer. 2.) The report will contain a rating and/or recommendation for employment based upon the results of the screening, justification for the recommendation and/or rating, and any reservations that the psychologist might have regarding the validity or reliability of the results. 3.) if an evaluation method is proposed that uses a specific cut -off score, the report will acknowledge the use of the cut -off score and the basis for using the specific score. 4.) The report will include a clear disclaimer so that the evaluation of the candidates' current emotional and behavioral traits or suitability for the position will not be deemed valid after a specific period of time. 5.) The Contractor will also provide the City with an analysis of the adverse impact, if any, of the testing procedure. 6.) The Contractor will participate in the appeal process as required. C 111. DURATION OF THE CONTRACT 1.) The term of this contract will commence on and will last for a period of one year. This contract may be renewed for additional one -year periods as agreed upon by both parties, in writing. 2.) Consideration for renewing the contract will be determined on the Department of Human Resources analysis of performance during the legislative session. 3.) It is mutually understood and agreed that the City shalt 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. IV. CONTRACTOR'S FEE AND METHOD OF PAYMENT 1.) The City agrees to pay the Contractor on the basis set forth in (4) below, in a total amount not to exceed $25,000 for services performed under this contract. 2.) If the contract exceeds $25,000 or the expiration date (12/31/07), an addendum to this contract must be approved before the continuation of services. 3.) Payments will 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. 4.) Payment will be made on the following basis: • Written Test Administration. and Scoring $ • Oral Interview and Completed Report $200.00 t 7 5 � 4 Total cost per candidate $250.00 {; (Note: The above cost includes Contractor's travel, lodging and meals.) V. LITIGATION SUPPORT The Contractor will 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 and paid for separately. VI. CITY'S REPRESENTATIVES The City's - representatives shall be the Corporation Counsel, the Commissioner of Police and the Commissioner of Human Resources. VII. APPLICABLE LAWS AND POLICY In the performance of this agreement, the Contractor will 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. VIII. 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 Department. In this regard, the Contractor agrees to hold the City and the Human Resources Department harmless from all damages to property or injury to persons arising out of the acts or omissions of the Contractor, its officers, agents or employees. The City and/or Human. Resources Department shall not be responsible for any costs or payments of worker's compensation, unemployment benefits or social security benefits. y f it IX. CONFIDENTIALITY The Contractor agrees that all information about the candidates gathered in the testing process and all reports generated from that information will be kcpt strictly confidential, with information to be disclosed solely to the City's authorized representatives as set forth herein. The Contractor further agrees to take all reasonable steps to safeguard the confidentiality of all candidate information, including but not limited to keeping hard copies of documents in secure areas and taking appropriate steps to secure electronically stored information. X. 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. XI. TERMINATION 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. XIL CHOICE OF LAW Any dispute arising in connection with this Agreement shall be determined in accordance with the laws of the State of New York, in New York State Supreme Court, Erie County, located in Buffalo, New York. Day of" 20 07. F By Principal By Alisa A. Luk2siewicz Corporation Counsel (Approved as to Form) 8� I)EYAR` NMXT OF AUDrT AND Co$"l ' It tt b,fob +1 :" : :r find n 01"PPIt6d A t rl�.�' '' : -.�t; :q tildh oaf= . 'At for Leonard A. Matarese Commissioner Department of Human Resources APPROVED AS TO FORM ONLY l City of Buffalo Acknowledgement On this _ � day of �� 2007, before me personally appeared Leonard A. Matarese, being by me duly sworn, did depose and say that lie is the Commissioner of Human Resources, which is a party to this Agreement, and that he has read the cor}te ts� ter �f, and signed this Agreement. h'ow Yadc Joaniq p ^r -Ion Expires Notary Public City of Buffalo Acknowledgement On this JI day of 2007, before me personally appeared Cavette A. Clambers, being by rune duly sworn, did depose and say that she is an Assistant Corporation Counsel, for the City of Buffalo, said City of Buffalo being a party to the foregoing Agreement, and that she has read the contents thereof, and has approved said Agreement as to farm and as an indication of said approval as to form she has signed in the space provided for such approval. Notary Public r -AOUM City of Buffalo Ackno+wled ement •;� C On this day of r l' _, , 2007, before me personally appeared William McIntyre, being by me duly sworn, did depose and say that he is the Principal of Public Safety Psychology, PLLC, which is a party to this Agreement, -and that he has read the contents thereof, and signed this Agreement. BRACE S. P URCELL Notary ublic ► N0 $ x5203 GutilAed In AkW CQLk* Comn4ips ► EkesFeb.20,- 6008- - 10 I3YRON W. BROWN MAYOR - "'V -r DEPARTMENT OF HUMAN RESOURCES Civil Service Division DATE: April 28, 2008 OLIVIA A. LICATA DIM!.CTOR TO: Common Council FROM: Olivia A. Licata Director, Civil Service Administration SUBJ: Inquirie In Contract Extension — Background Investigation for Entry Police and Fire) Attached is an extension to the contract with Inquiries, Inc. This company will conduct background investigations during the entry Police and Fire selection processes. The original contract expires August 31, 2008. The Police and Fire selection processes will be in progress, and the services in the original contract will exceed this date. This component is imperative to hiring new Police Officers and Firefighters. The costs, not to exceed $75,000.00, will come from our Engineering and Technical Services accounting lime. REFERRED TO THE COMMITTEE ON CWL SERVICE. fl 65 NIAGARA SQUARE 1001 CITY IIALL, / BUFFALO, NY 14202-3310/ (716) 85t- -5900 / FAX (716) 851-5401 MN BYRON W. BROWN MAYOR CI TY OF BUFFALO DEPARTMENT OF LAW CARtat gqmw ALISA A. LIJKASIE \VICZ CORPORATION COUNSEL DAVID RODRIGUEZ SENIOR DEPUTY CORPORATION COUNSEL INTERDEPARTMENTAL CORRESPONDENCE TO: Olivia A. Licata — Dir. Civil Service Administration DATE: April 21 2008 RE: CONTRACT APPROVAL. INQUIRIES INC - -- CONTRACT EXTENSION WE ARE IU TURNING HEREWITH, APPROVED AS TO FORM ONLY, THE ABOVE REFERENCED CONTRACT ONCE ALL REQUIRED APPROVALS & SIGNATURES HAVE BEEN OBTAINED, PLEASE FORWARD A FULLY EXECUTED COPY OF THE CONTRACT TO THIS OFFICE FOR OUR RECORDS. AI-,ISA A. I UKASIEWICZ, CORPORATION COUNSEL b CA �ETTE A. CHAMBERS ASSISTANT CORPORATION COUNSEL ATTACHMENT BYRON W. BROWN MAYOR A I ki p UP jkl,i_ DEPARTMENT OF HUMAN RESOURCES Civil Service Division APR 1 a rjoi'i DATE: TO: FROM: SUBJ: April 10, 2008 Cavette A. Chambers Assistant Corporation Counsel Olivia A. Licata t4 Director, Civil Service Administration t tit i OLIVIA A. MCA ".(A f)1RO�.C'TOR AP RIO Vi 2006 Inquiries Inc Contract Extension — Background Investigation for Entry Police and Fire Attached is an extension to the contract with Inquiries, Inc. This company will conduct background investigations during the entry Police and Fire selection. processes. The original contract expires August 31, 2008. The Police and Fire selection processes will be in progress, and the services in the original contract will exceed this date. This component is imperative to hiring new Police Officers and Firefighters. The costs, not to exceed $75,000.00, will come from our Engineering and Technical Services accounting line. Please review the contract for your approval. Please contact me or Nick Heidinger with any questions. 65 NTAGARA SQUARE/ 1001 (1 TIAI -, ,' - UFFA1.0, NY 14203-3310 / (716) 851 -5900 / FAX (716) 851 -5 01 i INQUIRIES, INC. EXTENSION AGREEMENT THIS AGREEMENT made and entered into this — day of , 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 ( "I UMAN RESOURCES "), and INQUIRIES, INC., ( "CONTRACTOR ") a corporation with offices located at 129 N. West Street, Easton, MD 21601, WITNESSETH: WHEREAS, the CITY and CONTRACTOR entered into the INQUIRIES, INC. AGREEMENT ( "AGREEMENT' ") pursuant to which work commenced on September 1, 2007, Said AGREEMENT being attached hereto and made apart hereof as "Exhibit A "; and WHEREAS, the CITY requires the continued services of the CONTRACTOR to conduct polygraph examinations (when applicable) for applicants who are tendered a conditional offer of employment and to provide professional, technical and confidential services in the field of pre- employment background investigations that will satisfy professional standards and prevailing guidelines in the field of personnel management and selection and to conform with Title VII of Chapter 42 of the United States Code, the EEOC Uniform Guidelines on Employee- Selection Procedures, the Fair Credit Reporting Act, and the Americans with Disabilities Act; and WHEREAS, in accordance with the terms of the AGREEMENT, the CITY desires to exercise its option and grant to CONTRACTOR a one (1) year extension of the AGREEMENT; and WHEREAS, pursuant to its passage of Item No. , dated _____, the City of Buffalo Common Council has authorized HUMAN RESOURCES to extend the services of CONTRACTOR to perform the aforesaid services; and WHEREAS, this Extension Agreement is intended to memorialize the agreement entered into by and between the parties and shall be attached to and made apart of the AGREEMENT; and NOW THEREFOla, for and in consideration of the foregoing and of the promises and agreements of the parties hereto, it is agreed as follows: 1. The CONTRACTOR shall continue to conduct polygraph examinations (when applicable) for applicants who are tendered a conditional offer of employment and to provide professional, technical and confidential services in the field of pre - employment background investigations that will satisfy professional standards and prevailing guidelines in the field of personnel management and selection and to conform with Title VII of Chapter 42 of the United States Code, the EEOC Uniform Guidelines on Employee Selection Procedures, the Fair Credit Reporting Act, and the Americans with Disabilities Ac., and 2. That the terms and conditions of the AGREEMENT are hereby extended for an additional one (1) year commencing September 1, 2008 and terminating August 31, 2009. 3. That as compensation for the performance of the services herein described, the CONTRACTOR shall submit invoices for services rendered to the Commissioner of Human Resources. Invoices for services for the period referenced in paragraph "2" shall not exceed the sun of seventy -five thousand dollars ($75,000). 4. That except as specifically modified herein, all terms and conditions of the Original Contract remain in full force and effect. IN WITNESS WHEREOF, the parties have set their signatures this Day of , 2005. INQUIRIES., INC CITY OF BUFFALO JENNIFER CLARK DIR. OF BUSINESS DEVELOPMENT APPROVED AS TO FORM ONLY: ALISA A. LUKASIEWICZ CORPORATION UNSEF, f� BY: CAVETTE CIIAMI3ERS ASSISTANT CORPORATION COUNSEL OLIVIA A. LICATA DEPUTY COMMISSIONER Ol: ROMAN RESOURCES 1� ACKNOWLEDGEMENT On the day of in the year 2008 before me personally appeared OLIV.IA A. LICATA to me known, who, being by me duly sworn, did depose and say that he reside(s) in Buffalo, New York; that she is the, DEPUTY COMMISSIONER OF HUMAN RESOURCES of the CITY OF BUFFALO, the municipal corporation described herein and that he executed the above instrument in his capacity for and an behalf of said municipal corporation by like authority. NOTARY PUBLIC ACKNOWLEDGEMENT On the __ day of in the year 2008 before me personally appeared JENNIFER CLARK to me known, who, being; by me duly sworn, did depose and say that she reside(s) in that she is the, DIRECTOR OF BUSINESS DEVELOPMENT for INQUIRIES, INC., the corporation described herein and that she executed the same in his capacity.for and on behalf of said corporation by like authority. NOTARY PUBLIC EXHIBIT A r i AGREEMENT This agreement is made and entered into this day of 2007 by and between the City of Buffalo, New York ( "City "), a municipal corporation organized under the laws of the State of New York with its principal office at 65 Square, Buffalo, New York through its Department of Human Resources ( "Human Resources "), a municipal subdivision and Inquiries, Inc., a company with offices located at 129 N. West Street, Easton, MD. 21601. ( "Contractor "). WITNESSETH Whereas, the City will conduct a background investigation and polygraph examination (when applicable) for applicants who are tendered a conditional offer of employment and; Whereas, the Contractor has represented its capabilities to provide professional, technical and confidential services in the field of pre - employment background investigations that wilt satisfy professional standards and prevailing guidelines in the field of personnel management and selection and to conform with Title VII of Chapter 42 of the United States Code, the EEOC Uniform Guidelines on Employee Selection Procedures, the Fair Credit Reporting Act, and the Americans with Disabilities Act. The procedures will be free from non job related factors which might function as biases against any group on the basis of race, color, religion, sex, age, national origin, or any other classification protected by law. i r NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: L INVESTIGATIONS 1.) The Contractor will provide the City with written information that evaluates the suitability of each prospective employee for employment with the City, based upon factors that include any or all of the following: criminal record check (national), residence verification, employment/education verification, military history, character /social reference check, credit history check. From dine to time, the City will request a more in -depth investigation for individuals seeking employment in specific titles such as entrance -level Police Officer and Firefighter and may require the company to use alternate forms of record as well as polygraph testing. The polygraph test will focus on such job - related inquiries as the theft of money or merchandise from previous employers, falsification of information on the job application, the use of illegal drugs and criminal activities. 2.) The Contractor will use a standard report format as a vehicle for transmitting to the City the information produced and/or prepared by the company. 3.) The report will contain all pertinent information needed to make an evaluation of the individual's suitability'to the job for which s/he has applied and will include methods of obtaining such information. 2 4.) Reports will be sent either by electronic or other means (over -night courier, US Mail, facsimile) based on the needs of the City. 5.) The City will provide written notice of Human Resources representatives who will be given authority to access certain reports. Human Resources alone will determine to whom authority will be given to access reports and will provide a list of names of recipients. 6.) The Contractor will agree to comply with all federal, State and local law requirements, including the Civil Rights Acts of 1964, as amended, concerning fair employment and employment of the disabled and concerning the treatment of all employees, without regard to discrimination by reason of race, religion, color, sex, age, national origin, disability, veteran status, ancestry, medical condition, marital status or other factors protected by applicable law. 7.) The Contractor agrees that all information about the candidates gathered and all reports generated from_ that information will be'kept strictly confidential, with information to be disclosed solely to the City's authorized representatives as set forth herein. The Contractor further agrees to take all reasonable steps to safeguard the confidentiality of all candidate information, including but not limited to keeping hard copies of documents in secure areas and taking appropriate steps to secure electronically stored information. 8.) On any contract or agreement entered into under or pursuant or related to this request for proposal, the City reserves the right to unilaterally terminate any or all parts thereof with or without cause, upon 30 days written notice to Contractor. 9.) The Contractor will participate in an appeal process if required. 3 / 4 f / II. DURATION OF THE CONTRACT 1.) The term of this contract will commence on and will last for a period of one year. This contract may be renewed for additional one -year periods as agreed upon by both parties, in writing.. 2.) Consideration for renewing: the contract will be determined' on the Department of Human Resources analysis of performance during the legislative session. 3.) 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. III. CONTRACTOR'S FEE AND METHOD OF PAYMENT Cost for Employee Background Screening: The City agrees to pay the Contractor for services performed under this contract not to exceed. $75,000.00 Payment will be based on the total cost per investigation for the following requested services: 4 Requested Service Cost of Service + County Level Searches $ 11.00 Statewide Searches $ 9.50 + Social SccuriPL Verification including SSN Verification and address listin $ 3.25 + Education Verification $ 10.50 + Employment Verification $ 10.50 + Military Verification $ 10.75 + Reference Check $ 7.50 Credit Check $ 9.25 Motor Vehicle Search $ 5.50 Nationwide Wants and Warrants TOTAL COST WITH" UT POLYGRAPH SERVICES $ 87.75 TOTAL COST WITH POLYGRAPH SERVICES Minimum o£2 hours at $175.00 per hour Cost for 3 hours ($525.00) $ 612.75 *Per jurisdiction/State/Institute and plus any mandatory fees needed to access information with no additional markup. The City may request a more in- depth investigation for individuals seeking employment and may require the Contractor to perform the following .additional searches. Additional Searches Cast of Searches • Sexual Offender Search $ 5.25 • Worker's Compensation Check $ 8.50 • Professional License Verification $ 11.00 * • Civil Court Searches (Upper & Lower $ 13.00 * • Federal District Court Searches $ 10.25 Total Cost for the Additional Services: $ 48.00 *Per jurisdiction/State/Institute and plus any mandatory fees needed to access information with no additµion l markup. (Note: If travel is required, the above cost does not include Contractor's travel, lodging and meals.) IV. LITIGATION SUPPORT The Contractor will 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 and paid for separately. V. CITY'S REPRESENTATIVES The City's representatives shall be the Corporation Counsel, the Corntnissionier of Police and the Commissioner of Human Resources. 6 1 � t i VI. APPLICABLE LAWS AND POLICY In the performance of this agreement, the Contractor will abide by and conform to y any and all laws of the United ' States, the State of New York, County of Erie, the City Charter Ordinances, Laws and Regulations of the City of Buffalo. VII, 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 Department. In this regard, the Contractor agrees to indemnify and hold the City and the Human Resources Department harmless from all damages to property or injury to persons arising out of the acts or omissions of the Contractor, its officers, agents or employees. The City and/or Human Resources Department shall not be responsible for any costs or payments of worker's compensation, unemployment benefits or social security benefits. VIII. CONFIDENTIALITY The Contractor agrees that all information about the candidates gathered in this process and all reports generated from that information will be kept strictly confidential, with information to be disclosed solely to the City's authorized representatives as set forth herein. The Contractor further agrees to take all reasonable steps to safeguard the confidentiality of all candidate information, including but not limited to keeping hard copies of documents in secure areas and taking appropriate steps to secure electronically stored information. 7 � 4 IX. 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. X. TERMINATION 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. XI. INSURANCE The Contractor agrees to maintain insurance coverage in form and substance acceptable to the City, Human Resources, and the City's Corporation Counsel for the duration of the contract including but not limited to: (a) Worker's Compensation Insurance; (b) Professional Liability Insurance in the amount of $4000,000; (c) General Liability Insurance (included but not Iimited to, contractual liability, bodily injury and property damage) in the amount of $2,000,000 per occurrence. The City of Buffalo must be named as an additional insured and Certificate Holder; 8 08-08-A7 08:28 FROM- T-276 P003/003 F--46V (d) Automobile Liability Insurance providing one million dollars ($ 1,000,000) per accident for bodily injury and property dainage. The City of Buffalo must be named as an additional insttrpd and Certificate Holder (e) Any other such provisions as are acceptable to the City, Htu Resources and the City's Corporation Counsel. X11. . CHOICE OIF LAW Any dispute arising in connection with this Agreement shall be determined in accordaai" with the laws of the State of New York, in New York State Supreme Court, P-rie County, located in Buffalo, New York. IN WITNESS WHEREOF, the parties have set their signatures this Dw Uz 2007. Jennifer Clark Director of Business Development 'Alisa Lukas lowlKem, CQrpormioo Counsel (Approved as to Form Only) cc) c) o 0 rB o. rill 9 Leonard A. Mat;areqe Commissioner Department of Human Resources / f City of Buffalo Acltnowled ement I c �L.7 7 On this : ::) Y da 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. KAREN c, BO of Notary Public N ew Notary Publi State of N ew York Qualitiod in Niagara County My Commission Expires April 13, 20/22 10 08-08-147 08.27 FROM- T -274 1002/00 F- -140 City of &iffalo Acknowledgement On this � day of , 2407, before me personally Appeared Jennifer Clark, being by me duty sworn, did depose and say that she is the Director of Business Development for Inquiries, Inc., which is a party to this Agreement, and that he has read the contents thereof, acid signed this Agreement, Notary II J d Mr. Bonifacio moved: That the communication from the Commissioner of Human Resources, dated July 19, 2007, be received and filed; and That the Commissioner of Human Resources be, and he hereby is authorized to execute the Agreement between the City of Buffalo and Inquiries, Inc. to perform background investigations for the entrance -level Police Officer candidates. Passed. a IVS X010 T :Iwp60\mswordlnnv\63bc7- 24a.doe I I AUG - 2 2007 �'\ 7 fir. fi r-.. ... t; IPI\ ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYY) S I3 2007 PRODUCER D I Car,Iera Group, TLC 1410 Forest Drive, Suite 31 Annapolis MD 21403 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ 51G.LOO1254061 9/30/2005 INSURERS AFFORDING COVERAGE INSURED v - --� -. 1NSURERk Ev erest I gde€ n j_t y C_gm ��- -. - - -- K S ed__ oricers In Fund _ Inquzries, Inc. 129 N_ West Street Easton MD 21601 EC INSURR -- ._._.__�_�_-- _.__._..._�— I NSURER D INSURER E 4V vLf\MVG�] HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, OTWITHSTANDING 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 CONDITI OF S UCH POLICIES AGGREG LIMITS SHOWN MAY HAVE B EEN REDUCE 13Y PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY 51G.LOO1254061 9/30/2005 9/30/2007 EAcHO CCURRENC E „_, U —O - 0 ,000 FI RE DAMA (Any vne Si,e) _ 0 0 0 COMMERCIAL GENERAL LIABILITY MED €XP (A o n a person }....._ $ 0 0. - - -�--. -71 CLAIMS MADE L_1 OCCUR . - PERSO S A DV INJURY $1 O Q - 0 0 0 GE NERAL & Gq_ E GA3E $ PRODUC - COMPAIP AGG $1 _0 O D , 1 _ Q _ 0 0 GENt AGGREGATE L €MIT APPLIES PER' POLICY PRO• LOC A AUTOMOBILE LIABILITY 51GLOO1254061 /� 006 ..a` 9/30/2007 COMBINED StNGLELIMIT (Fa accident) $1 000, DDD !- J ANY AUTO APPI i � cl ALL OWNED AUTOS ASTC) � ` BODILY (Per Person) $ SCHEDULED AUTOS -.. _.- X X BODILY INJURY (Peraccident) ..... _ $ HIRED AUTOS NON•OWNEDAUTOS ... -� _ _ PROPERTY DAMAGE (Per acadont) $ ---_ GARAGE LIABILITY AUTO ON - EA A CCIDENT OTHERTHAN EA ACC ANYAUTO B y I $ -- _- $ J AUTO ONLY: AGG A EXCESS LIABILITY 70 OCCUR 0 CLAIMS MADE 51CC0002910GI 9/30/2006 9/30/2007 OCCURRENCE $1 ODO 000 _ EACH AGGREGATE $1 D D D $ R DEDUCT#BLE - $ XRETENTION $10 0 0 0 B WORKERS COMPENSATION AND 3969313RT* 9/30/2006 9f3D /2DD7 WC STATU- QTR• X -_ T OHYL 17 _ E. L- EACH ACC EMPLOYERS' LIABILITY E.L. DISE - EA EMPLOYEE 5 0 0 0 0 0 E.LDISEASE - POLICY LIMIT $5 D 000 - OTHER DESCRIPTION OF OPERATIONSILOCATION SIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS E: Employment Screening Services C ertificate holder shall be included as additional insured as respects to liability arising out of work performed by n amed insured. 1. It-19-A I t MV1_IJCK I I ADDITIONAL INSURLU; INSUKCK Lt ILK: S HOULD ANY OF THE ABOVE DESCRIBED POLICIES 13E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Buffalo Dept. of Administration, WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Finance, Policy & Urban Affairs CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Kathy Fitzpatrick, Director of Purchase S HALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON 65 Niagara Square, Roam 2901 City Hall THE INSURER, ITS AGENTS OR REPRESENTATIVES. Buffalo NY 14202 -3302 AUTHORIZED REPRESENTATIVE ACORn 25 S 171971 (aACORD CORPORATION 1988 J Cl 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. 7) J # I � T ACC- RD .' - CE�TIFlCATE OF LIABILITY INSUF�NCE DA E, I� , �15zv7 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OIL INFORMATION D'Camera Group, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 141p Forest Drive, Suite 31 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Annapolis MD 21403 INSURERS AFFORDING COVERAGE INSURED Inquiries, Inc. INSURER B II WOrkexs � suxance �unCl RMW LLP INSURER C: 129 N. (Jest Street lNSUR�RD: Easton MD 21601 fNSUREf2 E' - COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED Tp THE INSURED NAMED ABOVE FOR THE PDLICY PERIOD INDICATED- OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE T ERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS TYPE OF INSURANCE - - A - GENERAL LIABILITY 51GLOO1254061 9/30/2006 9/30/2007 EACH OCCURRENCE $1 000 OOD FIRE DAMAGE (Any one fire $ �, 0 0 0 0 }� COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR MEDE7(P{ orre rson SS 0 _ PERSONAL &AOVINJURY $1 000 000 Cl _ G ENERAL AGGREGATE $ — PRODUCTS - COMPIOP AGG $ D 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: ' POLICY I PRO- LOC A AUTOMOBILE LIABILITY 51GLOO1254061 9/30/2006 9/30/2007 COMBINED SINGLE LIMIT $1, 000,000 (Ea accident) ANY AUTO ALL OWNED AUTOS p ip� : 101 0 BODILY �I BODILY tt $ `j (Per person) SCHEDULEDAUTOS r O HIRED AUTOS 10 1G BODILY INJURY $ ss Poraccident) X NON -OWNED AUTOS PROPERTY DAMAGE $ (Par accident) GARAGE LIABILITY ",��� AUTO ONLY - EA ACCIDENT $ ANY AUTOi O7HERTHAN ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY 51.CCO002910�y 9/30/2006 9/30/200.7 EACH OCCURRENCE $5 000 000 }[ OCCUR F-1 CLAIMS MADE - AGGREGATE $ 0 $ $ DEDUCTIBLE Ox $ RETENTION $10 000 WC STATU- OTH- B WO RKERS COMPENSATI 3969313RT* 9/30/2006 9/3012007 X EMPLOYERS'LIABILITY E.L.EACHACCIDENT $500 OOO E.L.DISEASE-EAEmPLOYE $50 0 0 0 - E.L. DISEASE - POLICY LIMIT 1$ 500' no OTHER DESCRIPTION OF OPERATIONS ILOCATIOMSIVENICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS E: Employment Screening Services C ertificate holder shall be included as additional insured as respects to liability arising out of work performed by abed insured. [ rofessional Liability Included within the Everest Indemnity Policy 51GLOO1254061 Effective 9/30/06- 9/30/07 CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION S HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EFORE THE EXPIRATION BATE THEREOF, THE ISSUING INSURER City Of Buffalo Dept. of Administration, 4 ILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Finance, Policy & Urban Affairs ERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Kathy itzpatriek, Director Of Purchase HALF IMPOSE NO. OBLIGATION OR LIABILITY OF ANY KIND UPON 65 Niagara Square, Room 1901 City Hall rHE INSURER, ITS AGENTS OR REPRESENTATIVES. Buffalo NY 14202 -3302 AUTHORIZED REPRESENTATIVE m ArPPD CORPORATION 1988 ACORD 2" (7/97) J . -.--^ •^'�' —"" .. ..... OP ID K DATE (M ..URfYYM ACORl3 CERTIFICATE OF LIABILITY INSURANCE IN UI - 1 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE D' Camera Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1410 Forest Drive #31 Annapolis MD 21403 NAIC# Phone:410- 268 -8000 Fax:410 -268 -8001 INSUR AFFORDI COVER INSURED INSURCH Eve I ndemni ty Company _ 'f 11039 . - INSUR B: Injured H orkaz s Irsaur Eund_� I C: Tnquiries, Inc. 123 N. West Street INSUR D: — — — � - -- — Easton MD 21601 INSURER E: COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING OR THE POLICIES OF INSURANCE ANY REQUIREMENT, TERM OR COND$TI()N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN•IS SUBJECT TO ALL POLICIES- AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR NSR TYPE OF INSURANCE POLICY.NUMBER- DATE MMIDDIY DATE MMlODIY LIMITS EACH OCCURRENCE $1,000, GENERAL LIABILITY LIABILITY 51GL001254061 09/30/07 09/30/08 PREMISES Ea nu- urencel $ 100, 000 A X COMMERCIAL GENERAL - MED EXP ( one person) $ CLAIMS MADE OCCUR PER SONAL & ADV INJURY $ 1, 000,000 rn - -- - GENERAL AGG $ 21 0001000 JEFF & Omission ----- — ---�"' PROD COMPIOPAGG $ 1 GEN'L AGGREGATE LIMIT APPLIES PER: - POLICY jE p LOC - - AUTOMOBILE LIABILITY - -. - COMBINED SINGLE LIMIT $ 1 ,000,000 Ira accldenl) ANY AUTO - -- ALL OWNED A BODILY INJURY $ (Per person) SCHEDULED AUTOS 51GL001254061 09/30/07 09/30/08 BODILY INJURY $ p, X HIRED AUTOS (per accident) X NON- OWNEDAUTOS - PROPERTY DAMAGE $ - (Pe( accident) AUTO ONLY - EA ACC $ GARAGE LIABILITY -- EA ACC $ ANY AUTO OTHER THAN AUTO ONLY: AGG $ EACH OCCURRENCE $ 1, 000, 00 0 EXCESSIUMBRELLA LIABILITY MADE 51CC000291061 09/30/07 09/30/08 AGGREGATE � 1,000,000 A X OCCUR CLAIMS $ DEDUCTIBLE $ X - RETENTION $10,000 X TORY LIM ER WORKERS COMPENSATION AND EMPLOYERSUA8IGITY 39.69313RT 09/3 © /07 09/30/06 E. L.EACH $500,000 D ANY PROPRIETOWPARTNEWEXECUTIVE E. L. DISEASE - EA EMPLOYEE $ 500, 0 00 OFFIGERIMEMSER EXCLUDED? - E. L. DISEASE - POLICY LIMIT $ 500, 000 Ilyes,describennder SPECIAL PROVISIONS 4eiow - OTHER APPROVED - - AS TO FORM ONLY DESCRIPTION OF OPERATIONS/ LOCATIONS 1 VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Employment Screening Services holder shall be included as additional insured as respects to Certificate liability arising out of work perfomed by named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBEp ICIES BE CANCELLED BEFORE THE EXPIRATION BUFFALO THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Buffalo DATE THEREOF, NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 13UT FAILURE TO DO SO SHALL Dept of Admin , Finance, IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE € NSUREA, ITS AGENTS OR Policy & Urban Aff REPRESENTATIVES - 65 Niagara Sq., Rm_ 1901 AUT ED REPRfJENTATIVE Buffalo NY 14202 -3302 © ACORD CORPORATION 1988 ACORD 25 (2001108) C FROM THE CITY CLERK May 13, 2008 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 228 Franklin St 228 Franklin St John E Dobbertin 1603 Broadway 1603 Broadway Angelo Fiorello RECEIVED AND FILED W\ May 1.3, 2008 JOHN E. DOBBERTIN CERTIFIED MAIL May 6, 2008 RETURNED RECEIPT REQUESTED City Clerk City of Buffalo 65 Niagara Sq. #1308 Buffalo, NY 14202 Re: Alcoholic Beverage Control Law 228 Franklin St. Buffalo, NY 14202 Dear City Clerk: Pursuant to the Alcoholic Beverage Control Law of the State of New York, Section 64.2(a), notification is hereby provided that 228 Franklin Street Inc. is filing an Application with the New York State Liquor Authority for an On- Premises Liquor License for the premises at 228 Franklin St. in the City of Buffalo. The undersigned is representing the Applicant in connection with this matter. Very truly yours, 0 #hn E. Dobbertin PO Box 211 Jamesville, NY 1307$ (315) 559 -41$3 e- mail:johndobbertin @aol com �l ,i LIj Iq 1 4 o.0 f�te-ii Ll L � rz S= D K- -1 -c f -c v+ y /3 iA� ID F)q) LIq JJ i A' 0 ° )J n , ww /� Pilo i Y NON- OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS May 13, 2009 05/06/2008 13:59 7168783135 UNIVERSITY POLICE PAGE 02/03 1} � 4 f alibi �'ciq� 1 . Jy 31S 1 UNIVERSITY POLICE. DEPARTMENT BUFFALO STATE COLLEGE 1300 Elmwood Avenue Buffalo, New York 14222 Emergencies (716) 878 -6333 Duty Desk Fa (716) 878 -3772 May 6.20f18 Jacquelioe E. Rushton Senior Legislative Assistant Common Cour)ciI, City of Buffalo 65 Niagara Square Ream 1413 Buffalo, New York 14202 I �1J1_ affalgue Slrth' riniutdly n(mma Administrative Office (716) 878 -6332 Administrative Fax (716) 8753135 Re, Common Council Resolutio "The Nee for a Greater Police Presence in the City of Buffalo , DQa,r Jacqueline Rushton. The university Police Department at Buffalo State College would like to submit the f0lowing response to the Common Council Resolution regarding "The Need for a Greaten Police Presence in the City of Buffalo". The University Police Departmcnt at Buffalos ,State College has an excellent wotkilig relationship with the Bdralo Police Depattment. We routinely work with Officeys Qrthe Northwest District (D District) involving issues on campus as well as the surrounding community ar)d participate in joint police training. We have established open lines of communication with :13iffalo Police Corr missiotrer.H. McCarthy Gipson and Buffalo Police Command Staff. The University Police Department regularly meets with Block Clubs And Civic Organizations in our corszmimity to assist with quality of life issues such as off carnpus parties and graffiti. Buffalo State College and the University Police Department are committed to continuing Our excellent relationship iN th the Buffalo Police Department in support of their efforts in fighting crime in the surrounding community. I L.e G r S L A` i= 3 [� Email- pol ice@buffalostate,ed Web Site- http: llw+nw,buffalostato.edulaffices /police 05/06/2008 13:59 7168783135 UNIVERSITY POLICE PAGE 03/03 rt U Sincerely yours, p - PetcT M. Carey C11i.ef of University Police Wiffalo State College CC: 14� McCarthy Gipson (� 0, 4 Memorandum To: Deputy City Clerk Gerald Chwalinski (3 copies) From: Program Packaging and Development Services (PPDS) Provider Date: May 6, 2008 Regarding• . Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on May 5, 2008: 1. Draft Agenda 2. Meeting Minutes from 3SCB Meeting dated April 7, 2008 3. Fully Executed Phase III Application and Certificate for Payment No. 12 — March 2008 4. Phase III Application and Certificate for Payment No. 13 — April 2008 5. Program Packaging and Development Services (PPDS) Provider Update 6. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase III Project March 2008 7. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III -- March 2008 R ECEIVED AND FILES 3 � ] � L 0 C Pj 0 46 Councilmember Davis Subject: FW: Housing Info requested - - - -- Original Message ----- From. Hwang, iii -Ae cent. Tuesday, May 06, 2008 10 :37 AEI To: Councilmember Davis Subject: Housing Info requested To: Brian The information requested is rr . oklrr- Total number of HOZO unit (Home Ownership Units) -- 218 units Low Income Units - 115 units Higher than 80% of median income - 103 units Total number of multi unit rental housing (more than 5 units) - 1,315 units 1,315 units include all the units funded by all different kind of funding source. including HOME. If you have any question, you can reach me at 851 -5167. Thanks M i -Ae jAAMITTEE 05/06 /2008 (�Omanon �ounciC City of Buffalo BRIAN C. TRAVIS 1sI.I,ICO'I'T DISTRICT COUNCIL NUMBER 65 NIAGARA SQUARI3, Roots 1408 BUFFALO, NY 14202 -3322 PIIONI.:851- -4980 • FAX: 851-6576 F -mail: bdavis @city- buffalo.com Web: littp:/ /briancdavis.biogspot.coin April 30, 2008 Gerald Chwalinski, City Clerk 1302 City Hail Buffalo, New York 14202 Dear Mr. Chwalinski: COMMITTEES CIVIL SERVICE FINANCE LEGISLATION BUFFALO PLACE BUFFALO ECONOMIC Ri,NANSANCE CORPORATION V�-' Legal Services for the Elderly 2007 Annual Report Please file the attached item for further discussion. at the next Common Council session to be held 'Fuesday, May 13, 2008. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Councilmember "Communication is the key for a better tomorrow" LEGAL SERVICES FOR THE ELDERLY, DISABLED OR DISADVANTAGED OF W.N.Y. Executive Director: Karen L. Nicols(in, Esq. Supervising Attorney. April 23, 2008 William W. Berry, Esq. Attorneys: Thanks again for your support. B eata B anas, Esq. Carol A. Brent, Esq. Sincerely Helen Ferazaro- Zaffram, Esq. Stephanie Oates, Esq. David A. Shapira, Esq. f' Clinical Instructor: Hon. Brian Davis Anthony Szezygiel, Esq. Ellicott District Council Member Paralegafs: 1408 City .Hall Nicole Blackwell Thomas E. Haydok Buffalo, NY 14202 Cheryl Kostru a Enc Brenda A. Symans Furnette Williams Dear Council Member Davis: Social Worker: Kathleen M. Kanaley, BSW Enclosed please find a copy of our annual report for 2007. 1 hope Office Manager: enjoy reading about the work we were able to accomplish last Michaelene Bauer you year. Although I have redacted names for reasons of Administrative Assistant: Robert S. Esposito confidentiality, all the cases I describe were actual clients of the Jamie Smith, Esq. office In 2007. Board of Directors: President: Thomas F. Keefe, Esq. Thanks again for your support. Vicc Presidents: Giles P. Manias, Esq. Sincerely Frederic Paul Norton, Esq. Randolph C. Oppenheimer, Esq. Brace 1). Reinoso, Esq. f' Treasurer: Karen L. Nlcolson Shari Jo Reich, Esq. Executive Director Secretary: David J. Starkey, Esq, KLN /jp Ericka N. Bennett, Esq. Enc Harold Btvd MI) David P. Chadwick, Esq. J. Michael Collins Robert L. A7arinelli, Esq. Robert Meiss Timothy O'Mara, Esq. 3uhe Plesh, CPA Jamie Smith, Esq. Michele Sterlace- Accorsi, Esq. Patrick Walh Clifford E. Whitman Marilyn Wray, CS W.R Honorary Board Members: Elizabeth G. Clark, Esq, Crayle T., Eagan, Esq. . � E AND FILED Richard F. Griffin, Esq. Hortense B. Nash 716 -853 -3087 • Fax: 716 -856 -5317 237 Main Street • Suite 1015 . Buffalo, New York 1 4203 -2717 State of New York • State Office for the Aging • Erie County Dept. of Senior Services • Erie County • Niagara County Dept. of Social Services City of Buffalo • Catforaugus County • IOLA • Chautauqua County • Genesee County Dept. of Social Services • Seneca Notion of Inftm • Allegany County o LEGAL SERVICES FOR THE ELDERLY, DISABLED � OR DISADVANTAGED OF W.N.Y. 2007 Annual Report March 24, 2008 237 Main Street, Suite 101 Buffalo, NY 14203 -2717 {718} 853 -3087 * Fax (716.) 858 -5317 From the Executive Director... 2007 has been a year of exciting new collaborations for our organization. This year, we decided to combine forces with the Bar Association of Erie County and hold a single golf tournament developed by both the Bar Association of Erie County and Legal Services for the Elderly, Disabled or Disadvantaged of Western New York, Inc. Negotiations and planning took much of 2007, with a committee from both organizations working together to organize a single event. The new combined tournament will be held on Monday Tune 30, 2008 at the Brookfield County Club in Clarence. This is a great opportunity for collegiality for Bar Association members, and also an important fundraising opportunity for our organization. Another new development is our recent move into the Main— Seneca Building owned by local attorney and friend of the agency, David Sweet. During our almost 30 year history, we have periodically considered the idea of sharing space with the other legal service providers in our area. The Buffalo area has five separate legal services providers, catering to different demographics and client needs in Western New York. In the past, individuals looking for assistance from one of the providers might have gone to go to three or four different buildings to find the correct agency. I am happy to report that with the assistance of the United Way of Buffalo & Erie County and the Interest on Lawyers Account (IOLA), all five local legal services projects have co- located to the same building. The co- location is more efficient for clients and will enable us to jointly purchase supplies and services and share some large conference room spaces. We already have identified duplicate library books that are no longer needed with a shared library. Most importantly however, are the expected benefits to our clients. Our staffs now have daily interaction which we expect to result in more collaboration and new initiatives to better serve the low income and elderly population in Western New York. Karen L. Nicolson, Executive Director 1 Tlie Mission of P D It is the mission of Legal Services for the Elderly, Disabled or Disadvantaged of Western New York, Inc. (LSED) to improve the quality of life for low income, elderly and disabled persons in Western Now York through the provision of free civil legal services. Our primary goal is to use the legal system to assure that our clients nzay live independently and with dignity. Overview o 'Services LSED is a not - for - profit human service agency incorporated in 1.978 to provide specialized, free civil legal services to elderly people in the community of Western New York. Currently we contract with the Departments of Senior Services in the following counties: Erie, Cattaraugus, Chautauqua, Allegany, and the Seneca Nation of Indians. In Genesee and Niagara Counties we contract with the Department of Social Services to handle Medicare appeals for disabled Medicaid recipients of any age directly referred through the Departments of Social Services in those counties. In 2007, to respond to the current mortgage foreclosure crisis, we expanded our mortgage foreclosure prevention project which previously had focused on the City of Buffalo and Erie County. In partnership with our colleagues at the Legal Aid Bureau, tine Western New York Law Center and the Erie County Bar Association's Volunteer- Lawyers Project, we now handle referrals From the additional counties of Niagara, Genesee, Chautauqua, Cattaraugus, Orleans, and Wyoming. Finally, in 2004, we formed a pooled supplemental needs trust with People Inc. and Key Bank to provide trustee services to disabled persons receiving public benefits. Through our health care program, we seek to ensure access to adequate health care by handling appeals and questions regarding Medicaid, Medicare, prescription drug coverage, private health insurance, home health care, long term care insurance and patients' rights. Health care issues continue to be a major area of concern for seniors; over the last few years in particular due to the significant changes to the federal Medicare program. The goal of our housing program is to help our clients avoid homelessness by defending them in evictions, tax and mortgage foreclosure proceedings and predatory lending schemes. We also represent elderly homeowners in the City of Buffalo faced with housing code violations and assist those clients in obtaining grant money to make the necessary repairs. Many seniors are long -term city residents and, by helping them remain in the community, we also ensure the stability and character of Local neighborhoods. Our Mortgage Foreclosure Prevention Project is a joint program with the Legal Aid Bureau of Buffalo, Homefront, The Western New York Law Center and several HUD- certified counseling agencies. The project has a single point of entry for city residents facing mortgage foreclosure utilizing the resources of Homefront, a community development agency incorporated to develop and implement equitable, sustainable and efficient strategies for community development and revitalization in the Greater Buffalo Community. Pursuant to the Older Americans Act, we can provide defense counsel to individuals who are the subject of proceedings pursuant to Article 81 of the Mental Hygiene Law. We also draft advance directives for our clients, both powers of attorney and health care proxies. It is our hope that by promoting the use of advance directives, we can reduce the burden on our courts and community caused by the commencement of guardianship proceedings. In 2007, through a grant with the US Department of Justice's Office of Violence against Women, we joined forces with the Unified Court System, Crisis Services, County Protective Services, Buffalo City Police and the Erie County Sheriffs to train local law enforcement on elder abuse. We handle issues of income maintenance and some consumer matters with the goal of increasing the sell` - sufficiency of our clients. We remove illegal liens on Social Security accounts, handle utility shut -offs and represent clients in appealing adverse decisions in the areas of Social Security retirement, non - disability SSI and Veterans' benefits. We also handle bankruptcy matters for qualified clients who are in clanger of losing their homes. In 2001 we began a Grandparents' Rights Program (renamed the Relative Rights' Project) through a partnership with the Erie County Department of Senior Services. The goal of this program is to provide support to seniors caring for minor children. A secondary goal is to preserve intact families and keep children out of the foster care system. The project is funded by Erie County with a federal grant through Title III -E of the Older Americans Act. Older relative caregivers can get assistance with custody and adoption. of their minor family members and can also obtain help with issues involving the child's {and their own) public benefits. Clients Served Buffalo is the second poorest large city in the country. According to the 2000 census although Western New York is generally losing population, as the baby boomers age, the percentage of seniors will actually increase. Erie County estimates that by 2015 there will be a 73.8% increase in the number of seniors age 85 and older as compared to 1990 and that almost 1 in 4 residents will be sixty or older. www.crie.gov./(teptl4enioi ices. As the number and percentage of seniors increase in all counties of Western New York, there will be an increased need for our services to advocate for clients, many of whom will have lost family support as younger people leave the area. The problem was highlighted by a September 5, 2007 article in the Byf` do News: 3 "As the baby Boom turns into the elder boom in the confing years, economically struggling areas like the Buffalo Niagara region are likely to face a squeeze providing needed services , frir their swelling core of older residents, a new study said Tuesday. The report, from the Federal Reserve Bank of New York's Buffalo branch said upstate New York's high concentration ref older adults will spur increased demand for senior - related services and affordable housing at a time when governments and nonprofit groups are strapped for cash... "I'his is going to be an increasingly important issue . for us" said Richard .Reitz, the Federal Reserve branch's senior economist, who wrote the report with former Fed economist Ramon Garcia. They are going to be seeking more money in the context of tighter budgets and fiscal distress" Deitz said. `The demand for services and infrastructure tends to be greatest in those parts of upstate New York that are already experiencing fiscal stress because of rising expenditures and eroding tax bases. " This year LSED closed 998 cases, providing assistance to 1,327 Western New Yorkers. Based upon the information from our closed cases, it is possible to get a picture of our client population. The typical client in 2007 was more likely to be female (61%), and disabled (55 %). Forty -three percent of our clients identified themselves as belonging to a minority group. As our local population ages, our client base does as well: 56% of our clients were age 75 or older in 2007. Although the Older Americans Act prohibits us from having a strict income test for eligibility, we target economically and socially disadvantaged individuals. As required by the Older Americans Act, every client receives a survey at the close of his or her case. An impressive 95 % of our clients are either very satisfied or satisfied by our services and staff. The following comments are typical: "]:Can't stress enough how'valucablc your ur prr3gram as to those of us 0 Fundin LSED receives significant funding through. the federal Older Americans Act, which is distributed to the Now York State Office for the Aging and finally to the county Departments of Senior Services. LSED contracts with several Western New York counties in the proportions illustrated in the attached graph. Our single largest funder is the Erie County Department of Senior Services. In 2007, LSED received another grant from the Interest on Lawyers Account (IOLA) in the amount of $110,000.00. The IOLA fund was established to receive the interest earned by funds held in client accounts by attorneys. Although the interest on individual accounts is negligible, when pooled in an IOLA account, the income is sufficient to benefit needy persons. The IOLA fund was our Second largest funding source in 2007. This source of revenue supplemented our governmental contracts, allowing us to serve many more clients than would otherwise have been possible. IOLA provides critical support for our outreach programs to Hispanic and African - American elderly. Our local New York State Assembly Members and Senators have been instrumental this year in obtaining continued funding for our program. We have been fortunate to receive local initiative funding from the Assembly Majority Democrats and Senate Majority Republicans, as well as a small budget line for civil legal services. We are fortunate to have the support of the local foundation community and the United Way. In addition to the United Way Donor Designation Program, we received a one -time grant in 2007 from the United Way to support our move and collaboration with several. local legal services programs. In addition, we received a total of $31,000.00 in grants during the fiscal year from the following private foundations: The Cameron Baird .foundation $1.0,0()().0(} The J.P. Morgan Chase Foundation 1.0,000.00 .M &T Charitable Foundation — golf 6,000.00 Evans- Devereux Trust Article 11 5,000.00 $31,000.00 Each year we must ask the local community to support the work we do. We run both an annual golf tourna.-lent and a direct mail drive. In addition, we use staff to handle all administration, s - that all of the funds raised can go back into our program. As government funding has gotten snore scarce, we have had to ask more of our friends. Without their support we would be unable to accommodate the ever - increasing calls for help. This year private donations and fundraising totaled $53,175.00. k We would like to thank the following; individual donors who supported us in 2007. The list reflects donations received during the 2007 calendar year. We apoloorire if we neglected to include anyone. Please call Karen Nicolson at 853 -3087 if we need to make any corrections. Abbano, McLaughlin & Kedz.ielawa Thomas Cassano, Esq, Abbott. Tills & Knapp Charlie Calalino A.G. Edwards L. Cereone Peter S. Aiello, Esq. Anthony F. Ceirone, I'sq, David H. Alexander, Esq. Stephen Ciocca, Esq. Sharon Anscombe Osgood, Esq. Mollie Ciocca Aqua Sewer Service John S. Cipolla, Esq. Asa Ransom House Paula M. Ciprich, Esq. Brian Baird, Esq, Sanford L. Clank, Esq. Sunil Bakshi, Esq. Lynn A. Clarke, Esq- Patrick Balkin, .Esq_ Cohen & Lombardo PC. Ballow Law Firm Frederick Cohen, Esq. The Barnes Firm Maura Collett Kenneth F. Barone, Esq. Edward & Linda Coleman Mary Barone Kim Coleman, RN Roy A. Bass, Jr. Michael Collins Peter J. Battaglia, Esq. William B. Collins, f Michaelene Bauer Elisabeth Colucci, I:iscl. Leon P, Beaner COIlicei & Gallaher Beechwood Continuing Care Robert B. Conklin & Mrs. Conklin Charles Beinhauer, Esq. Joseph Connelly, Fsq, Thomas W. Bender, Esq_ Mary Joan Connelly Bengart & DeMaico, LLP Robert W. Constantine, Esq. George Berbary, Esq, Cookie Expressions Jan Berg Hon. Edward Cosgrove Elizabeth Bergen, f?,sq. Peter L., Costa, Esq. Katherine J. Destine, 1 sq. George; L. Cownie, Esq. David W. Beyer, Esq, Joseph F. Crangle, H'sq. Lisa Block- Rodwin, Esq. Brian Crosby, Esq. Ann Marie Boland, Esq. Crossroads Christian Church. Diane F. Bosse, V.sq. lion. John T. Curtin Jennifer D. Bowen, Esq. Craig M, Cwick, Esq. Brautigman & Brautigtuan William Daetsch, Esq. Briarwood Manor, Inc. Victoria D'Angelo, F:sq. Brian Brockway, E:sq. Michael Dauman, Esq. Dr. Harold Brody Designed Settlement Services Philrp Brothman, Esq, Linda De Tie, Esq. Gregory L. Brown, Esq- Sheila S. Dickinson, [, T'_ Alan Brown, lisq. Linda DiPasquale, F'ssq- Joel Brownstein, Esq, Melinda Disare, l:sq. Chris Brunea, Esq. Thomas Disare, I SEI. l'hoinas L:, 13rydges, Esq. Mark Dura Buffalo Law ;lournal Thadetis J. Dzickonski, FE.sq, R. Colin Campbell, Esq. Gayle F?agan, Esq, Canterbury Woods James Eagan James N. Carlo, Esq. John D. F,dick Aleut S. Carrel, Esq. Susan 1 gloff, Esq. Jerome: D. Carrel, F.sq. Janes D. Eiss, Esq. Patricia Carrington, Esq. John B. Elliotl, Esq. C Dr. Nora tdman Hamberger & Weiss Dr. Richard Elman Mark W. Harmberger, Esq. Warren Emerson, Esq. Thomas Hanifin, Esq. Patrick Emmerling, Esq. Vincent O. Hanley, Esq. Robert S. Esposito Paul M. Hassell, Jr., Esq. Evans & F ?vans Mary Louise I layden, I lion. Leo f allon Ann W. Herrman, Esq. Thomas C. Farley, Esq, Ann Giardina Hess, Esq. David A. Farnrelo, Esq. Thomas Hewner, Esq. Wendy K. Fechter, .Esq. Marilyn Hochfield, Esq. Joshua 1. Feinstein, Esq. Hodgson Russ Feldman, Kiefer & Herman Hogan & Willig Helen Ferraro- laffram, Esq. Homemakers of Western New York Walter Perry David A. Hoover, Esq. Robert A. Fiordaliso, Esq. Hurwitz & Fine Cheryl Fisher, Esq. Independent Health John Flaherty, Esq. Jacekle Fleischmann & Mugel Michael Flaherty, Esq, James Amato & Co. Sheila Flaherty Alice Joseffer, Esq. Howard Frank, Esq. M, Todd Joseph, Esq. Jeffrey Freedman, Esq. Hon, Norman E. Joslin Dr. Jack 1 George Kanner, Esq. Wayne I. Freid, Esq. Judith D. Katzenelson, Esq, Sandra B. Friedfertig, Esq. Kavinoky Cook L,LP Fred FriednIan, I;Sq. Frank Kedrielawa, Issq. John J. Fromm, Sr., Esq, Joseph W. Keefe, Fasq. Thomas Gaffney, Esq. Thomas F. Keefe, Esq. GAR Associates, Inc. Kenney, Shelton, Liptak & Nowak LIT Henry D. Gartner, Esq. David H. Kernan, Esq, Patricia A. George, Esq. .loan B. Kernan Hon. Joseph Gerace Hon. Mary Ann Killeen Mary Geraee Peter M. Kooshoian, Esq. Daniel Gertsman, Esq_ Ken Kraus, Esq. Sharon (.Iertsman Karl W. Kristoff, Esq. Gill Insurance Eleanor T. Kubiniec, Esq. Arthur J. Giacalonc, Esq. Paul W. Kullman, Esq. Gibson, McAskill & Crosby Richard S. Kwieciak, Esq. Pe;tter S. (Altillar, Esq. Steve Lamantia, Esq. Herman J. Ginsburg, Esq. Hon. John P. Lane Howard Gondree, Esq. Frederick M. Lang, Esq. Lillian Gondree Susan Lankenau, 1ssq. Richard H. Gordon, Esq. Dr. Toby F. Laping Gary Gruber, 1ssq. John Francis Leone, Esq, William D. Grande, Esq. Stuart G. Lerman, .Esq. Karen Gray Paula Lesrak Lestic Mark Greenbaum, Fsq_ Lipsiti, & Ponler.io Richard F. Griffin, F.sq, Sally 13. Logan, Esq. Mark Grisanti, Esq. Lombardo Funeral Horne Mark Gruber, Esq, Denis & Mary Ellen Loreto Mara Gruber, Esq. Tom & Mary T:llen Loncto Gurney, Becker & Bourne Mark Longo, Esq, Michael Hagelin, Esq. Rocco L,ucente, Esil. Hagelin & Kent Linda L. Lucente Charles J. Hahn, F'Isq. M &T Bank David Flail, Fsq. James I., Magavern, Esq. Bonnie Hall Magavern Magavern Grimm Hon. David J. Mahoney Pet :sonius Melber LLP Main Seneca Corporation Paul A. Peters, Esq, Sam Maislin, Esq. MJ Peterson Real Estate William D. Maldovan, Esq. PFalzgraf, Beinhauer & Menzies ,lames M. Maloy, Esq, Pfeiffer & Pfeiffer Giles Manias, Esq. John .1. Phelan, Esq. H. Jeffrey Marcus, Esq. Phillips Lytle Robert L, Marinelli, Esq. Susan M. Piver, Esq. Edward J. Markarian, Esq. Steven K Polowitz, .Esq. Mindy L. Marranca, Esq. Daniel Polowy, 13sq. Linda J. Marsh, Esq, Arlene Polowy Amy C. Martochi, Esq. Kevin Powers, Esq. Karen L. Mathews, Esq. Jean Powers Brenda A. Mattar, Esq. Praxair Inc. Karen McCafferty, Esq, Christopher Privateer, Esq. Athena McCrory, Esq. Public Abstract Corp/First American Title Lisa McDougall, Esq. Theodore J_ Pyrak, Esq. Philip H. McIntyre, Esq. Michael Pysz, Esq, Kathy McFee Lawler F. Quinlan 11I, Esq, Donald F. McKenna, Esq, Radack & Hartnett Kathleen E. McMahon - Stoll, l sq. Jack Reich, Axa Advisors Robert. R. Meiss Shari Jo Reich, Esq, Laurie Menzies, Esq. Bruce 1). Re- inoso, Esq. Hon, Ann Mikoll Roland Richards, Esq. Jaynes Mil George E. Riedel, Esq. Craig L. Miller Esq. Barbara A. Riedel David C. Mineo, Esq. Anny Rosen -Brand James Milbrand, Esq. 1 toward S. Rosenhoch, Esq. Francine E_ Modica, Esq, Valerie Rosenhoch Richard E. Moot, .Esq. Richard P, Rosso, Esq, Timothy Mordaunt, Esq. Arthur A. Russ, Jr., Esq. David J. Murray, Esq. Louis J. Russo, tssq. Thomas W. Nelson, Esq. Joseph F. Saeli, Esq. Karen L. Nicolson, Esq. Sarnmarco, Mattacola & Sammarco LLP Hon. John O'Donnell Michael A. Schiavone, Esq. Randall M. Odza, Esq. Geralyn Schiftler, Esq. Rita Odza Sam Sharpiro, Esq. Francis J. Offermann, Jr., Esq. Denis Scinta, Esq. Michael Olear Eugene: M. Setel, Esq. Victor Oliveri, [ sq. Michael R. Shannon, Esq. Timothy O'Mara, Esq- James M., Shaw, E`sq, Randolph C. Oppenheimer, Esq. Jaynes P. Shea, Esq. Patrick C. O'Reilly, 13sc1. Richard Sherwood, Esq. Hon. William J. Ostrowski Myron M. Siegel, Esq, Edward A. Pace, Esq. Robert Sillars, .Esq. Thomas C. Pares, Esq. David. Silverberg, Esq, Michelle Parker, Esd, Tara Singer - Blumberg, Esq. Mark Parker Michael Siragusa, Esq. Debbie Paulson Regina Siragusa Mark Pearce, Esq. Carrie Snnith, Esq. Personius Melber I'lT Dr. Joann Smith MJ .Peterson Real Estate Jamie Smith, Esq. Plesh Industries Christopher Smolka, Esq. Ron Flesh James Smyton, l:isq. Carmen Polito Patricia Smyton People. file. Margaret 1...,. Snajczuk, Esq. E Edward J. Snyder, U'Isq. Brian J. Weidner, Esq. John Spadafura, Esq. Cathryn A. Weidner Mark Spitler, Esq. Jowph Welter, Esq. Mark Starosiclec, Esq. Justin White, Esq. Thomas Steffan, Esq. Cliff' Whilman Michele Sterlace- Accorsi, Esq. Furnette Williams Mark Steiner, Esq. Williams & Williams Paul Suozzi, Esq. Douglas I., Winokur, Esq. Brenda Symans Wayne D. W isbbaum, .I:sq. Anthony Szczygiel, Esq. Hon. Penny Wolfgang Teamsters Local #264 Wolfgang & Weinniann Jahn C. Thompson, F'Sq. Laurence H. Woodward, lisq. Ticor'T`itle insurance Marilyn B. Wray, LCSW -R Susan Tobe, Esq. Phyllis A. Wray ]Richard Tobe Diane Wrightson Thomas V. Troy, .Csq. Raymond V. Wylegala, Esq. Denis J. Urninski, Esq_ Robert "Z...ahm, Esq. {Robert W. VanU'Ntry Marilyn Zallm Radhika Varavenkataraman Nelson Zakia, Esq/ Frank Vavonese, I sq. Paul Zarembka Mary E. Virginia, Esq. Joseph E. Zdarsky, Esq. I -Ion. Dale M. Volker Arnold Z_.elman, Esq, Waddell & Reed, Inc. Marjorie Zelman Dan Walh Arthur J. Ziller, {.Esq. Dave Walh George M. Zimmerman, P'sq. Patrick J. Wath Helen W. Zimmerman Robert M. Walkcr, .Fsq. Daniel John Ward, Esq. Thomas M. Ward, Fsq. Michael A. Wargula, ]Esq. Paul C. Weaver, Lisa. Lester H. Wedekindt Inc. Funeral Horne 9 Volunteers and Donations LSED draws volunteer law students and attorneys, who provide invaluable additional services to our clients and the community at large. This year we continued our relationship with the SUNY at Buffalo School of Law to run a clinic program through our office. The Students in this program earn class credit for working on LSED files. They are supervised, at no cost to the agency, by Professor Anthony Szczygiel. As a result, we received 175 hours of free law student services in 2007. 1 and Presentations Thousands of seniors and their families beard about our services this year through the media. We were interviewed on radio, newspapers and television several times this year about Medicare Part D, Social Security, predatory lending, and tax foreclosure issues. Our staff is in demand as lecturers and, during this past year, we spoke to 26 separate groups. In addition, this year we again partnered with Volunteer Lawyers Project to train volunteer attorneys on the issue of city tax foreclosure process. Our staff provided the materials and presentations to private bar attorneys who agreed to take cases pro bono, thereby increasing the numbers of clients who were able to get legal assistance and avoid losing their homes. This year, we started our Elder Abuse Training Project, supported by a grant from the United Stated Department of Justice Office on Violence against Women. Our office, along with our partners helped produce the booklet "Abuse & Exploration of the Elderly: Potential Legal Remedies." Finally, this year, we partnered with the New York State Bar Association's Elder Law Section to stet free Elder Law Clinics utilizing our staff and probono attorneys from Erie County. It is our goal to conduct 3 -4 per year in various senior centers throughout Erie County. Finally, our staff members have taken leadership .roles in the aging community. This year staff members have served on the Board of Directors of the Eric County liar Foundation and the Western New York Law Center, served on the board of HOME (Housing Opportunities Made Equal), served on the Multidisciplinary Council on Elder Abuse Steering Committee, served on the Mayor's Anti- Flipping Task Force, Kenmore .Mercy Ethics Committee and as the Medical Society of the County of Erie's liaison with the Bar Association. 10 INDIVIDUAL. CONTRACTS Erie County Our largest contract, both in terms of the D - uniber of clients served and the level of funding, is the contract we have with the Eric County Department of Senior Services New clients either call. our office directly, or are referred by caseworkers from the department. We visit clients in the community whenever necessary and work closely with the Department of Senior Services to set case priorities that will target the most economically and socially disadvantaged seniors. In 2004 we sent out an ambitious survey to ascertain the current legal needs of older persons in our community. As a result, we changed our priorities to ensure that we use our limited resources most efficiently and where we are most needed. in 2007, we started working with Bill Graham from the New York State Office for the Aging, and a coalition of Aging advocates on a statewide legal needs survey for older New Yorkers. 11 Relatives' Rights _Project Through a contract with the Erie County Department. of Senior Services with pass through funds from Title 111 -E of the Older Americans Act, we offer legal. representation and advice to older caregivers in [lie areas of` custody, guardianship, adoption and public benefits. This year our project staff helped 72 families. Although the main focus of this project involves advocacy in Family Court to obtain custody of minor children, we pride ourselves on advocating for our clients in all areas that impact these "new" families. 12 Protective Services LSED handles a limited number of highly labor - intensive protective services cases when appointed by the Court as guardian. LSED's services as guardian are typically in situations where intervention is sought by a hospital for an indigent patient who may not be capable; of giving informed consent, or in cases of elder abuse. LSED sometimes has discovered financial abuse of the elderly client in the form of misappropriation of funds by acquaintances, or by family members. In these cases, we have attempted to trace an often - difficult trail, and to recover as much of the estate as possible. In all these cases, we are often the only advocates for individuals who are poor, sick and often forgotten. Partial funding is provided by a grant from the Evans- Deveuax Memorial Trust. 13 Cattarau Yus Count We continued our partnership with the Cattaraugus County Department of the Aging in 2007. Staff attorney, Bill Berry, made monthly visits to the county in order to visit clients, conduct intake, and appear in court. 14 Chautauqua County. We contracted again this year with the Chautauqua County Office for the Aging. Staff paralegal, Brenda Symans, conducts intake at two locations in buildings occupied by the Office for the Aging. This cooperative arrangement permits LSED to provide more direct service hours at a lower cost, eliminating travel time and fostering a close day -to -day working relationship with the County. This year we closed 64 cases in Chautauqua County. We dealt with a variety of issues including: debtor /creditor matters, evictions, landlord disputes, Social Security, SSI, mortgage foreclosure and Medicaid. We also provided several trainings on a variety of topics including: Health Care Proxies, Living Wills, Powers of Attorney and an overview of the services we offer to seniors in the county. Housing Since 1982 LSED has handled housing law problems for residents of the City of Buffalo age sixty and over. Our Housing Law for the Elderly Program, unlike our programs funded with Older Americans Act monies, does have an income eligibility standard. LSED assists qualified clients with the following issues: problems with tenants (including eviction and collection of rent), compliance with building and health codes, defense of evictions, and representation of clients in Housing Court, property tax foreclosure, foreclosures due to water arrears and defense of evictions. 15 Four yews ago, we started a project to combat predatory lending in Eric County. Predatory Lending is generally defined as abusive or illegal lending practices, of loan term that are used to strip hone equity from homeowners and make loans unaffordable. The practice ultimately leads to foreclosure, homelessness and the destruction ol- urban neighborhoods. Hand in hand with these efforts is our involvement in the Mayor's Anti - Flipping Task Force. Flipping is the practice of buying real estate cheap and then turning it around and selling it for an inflated price. Purchasers often do not make repairs and the neglected homes contribute to the deterioration of neighborhood. Despite funding decreases to this project over the past few years, we have been able to continue this important work. with the help of the JP Morgan Chase Foundation. 16 Genesee Coun For several years we have contracted with the Genesee County Department of Social Services to help maximize the federal Medicare benefits available to county residents on Medicaid. Last year, we started a new relationship with the Genesee County Office for the Aging. In response to the chaos surrounding the implementation of the new Medicare Part D prescription drug coverage, the Office for the Aging contacted our office to provide assistance to their seniors. With the assistance of Tony Szczygicl we did a series of presentations to caseworkers, seniors, pharmacists and other nnedical personnel. Niagara County We have a contract with. the Niagara County Department of Social Services to handle Medicare claims for Medicaid recipients. In the process, we obtain needed Federal Medicare coverage for our clients and save the county scarce Medicaid dollars. Referrals come directly fronn the Department. Seniors with other civil legal services problems are referred back to the Niagara County Office for the Aging for assistance. 17 Alleony County We receive referrals directly from the Allegany Office for the Aging and consult with social workers from that office on legal issues that impact the elderly. Our goal is to maximize limited available resources, while at the same time providing high duality legal services to both the seniors and staff in Allegany County. Seneca Nation of'Indians This year, we represented clients on both the Cattaraugus and Allegany Indian Reservations. Common issues addressed during 2006 for the members of the Nation involved, Social. Security, SST, consumer, health care proxies and estate matters. Our attorney, Beata Banas, met with clients at the Offices for the Aging on both the reservations, as well as in the homes of our clients. Tn addition to direct representation, our "Lawyer of the Month" program at the Cattaraugus Reservation provides free, brief advice to many seniors during the lunch hour at the senior center. New York State Since 1994, LSED has received a line item in the New York State Budget. In 2006 that line item was $7,507.00. In addition, LSLD has been the recipient of local initiative funding from both the Western New York Assembly Majority delegation {$15,000.00} and the Western New York Senate Majority delegation (25,000.00). Funding from New York State has provided general support and expanded the services we are able to provide to our clients. State funding is vital to our program, particularly since allocations to the counties from the Older Americans Act, our main source of funding, have not increased in several years. Without state funding, we would have to cut staff to respond to rising costs, helping fewer clients every year. IE:j IOLA L,SED is a charter member of the Interest on Lawyer Account Fund, a prograrn dedicated to providing funds for civil legal services programs and programs for the improvement of the administration of justice. The IOLA funds are used to support our entire prograrn; with particular emphasis on the poor minority communities we serve. IOLA funds have enabled us to steadily increase our services to the Latino and African- American communities over the years. In 2007, 43% of our clients identified themselves as not Caucasian. In 1999, only 26% of our clients self - identified as non- white. Our Hispanic Outreach Program, as well as our outreach efforts into the African- American community, is supported entirely by our grant from the IOLA Fund. Pooled Trust In 2004 our office collaborated with People Inc. and Key Bank to start the first local Pooled Supplemental Needs Trust. Unlike our programs funded by the Older Americans Act, our trust is not restricted to those age sixty and older. Our supplemental needs trust allows fainily members to enhance the duality of life of their loved ones with disabilities, without causing a loss of the public benefits that the disabled person relies upon to survive. Beneficiaries pool their money together to take advantage of better investment opportunities. The trustees keep a separate sub - account for each trust beneficiary, and any money remaining in the trust at the death of the beneficiary is put irlto a fund to provide assistance to other disabled trust beneficiaries who have depleted their accounts. Try st money can be used to purchase most items beyond necessary food and shelter, including such things as purchasing a wheelchair van, paying, for a vacation, or obtaining additional medical care not covered by public benefits. Conclusion Although we have accomplished much this past year, more needs to be done. All of the counties which we serve have elderly populations that are greater- than the National. Average, and we can expect the numbers to increase as the baby boomers move into retirement. As this trend continues, it is imperative that adequate funding is provided to ensure access to our justice system for all people, regardless of income. 19 Sta Karen L. Nicolson, Esq. Executive Director Michaelene Bauer, Office Manager Robert S. Esposito, Administrative Assistant Eileen Hotho, Special Events Coordinator Beata Banas, Esq., Staff Attorney William W. Berry, Esq., Staff Attorney Carol Brent, Esq., Staff Attorney Helen Ferraro- Zaffram, Esq. Stan Attorney Stephanie Oates, Esq., Staff Attorney Anthony Szczygiel, Esq., Clinic Professor Kathleen M. Kanaley, BSW, Social Worker Nicole Blackwell, Staff Paralegal Thomas E. Hayduk, Stall Paralegal Cheryl Kostrewa, Staff Paralegal. Brenda Symans, Staff Paralegal Furnette Williams, Staff Paralegal Mary Ellen Loncto, Secretary Judy Piwowar, Secretary Kathleen Philip, Receptionist 20 2007 Board o Directors Thomas F. Keefe, Esq., President Giles P. Manias, Esq., Vice President Frederic Paul Norton, Vice President Randolph C. Oppenheimer, Esq., Vice President Bruce D. Reinoso, Esq., Vice President Shard Jo Reich, Esq., Treasurer David J. Starkey, Esq., Secretary Directors Harold Brody, MD J. Michael Collins Lenora B. Foote, Esq. Jack Freer, MD Garry M. Graber, Esq. Robert L.. Marinelli, Esq. Timothy O'Mara, Esq. Robert Meiss Rowland Richards, H'sq. Jamie Smith, Esq. Michele Sterlace- Accorsi, Esq. Petrick Wath Clifford E. Whitman Marilyn B. Wray, CSW -R Honorary BoanI_Members }aizaboth G. Clark, Esq. Gayle L. Fagan, Esq. Richard F. Griffin, Esq, Hortense Nash 21 Cattaraugus County 2.25% Miscellaneous „ 4.87% µ Chautauqua County 2.40% Grants 3.39% ,Niagara County 0.53% Z Guardianship / Attorney Pees 14.72% Fundraising / Contributions 5.80% Pooled Trust 1.58% Legal Aid of Buffalo 3.28% ` .............jz� G v� �3R i� t41 " Seneca Nation of Indians / ■ 1.64% - _New York State ■ Genesee County IOLA 0.03% 12.02% 4.75% 2007 FUNDING Erie County 42.50% Allegany County ® 0.24% ...PERCENTAGE OF CLOSED CASES BY COUNTYI Erie County 2.35% Cattaraugus County 5.12% � County >2% I ounty �o County 0 1 0 0 n , - ) City of Buffalo BRIAN C. DAVIS EL,I,ICOT1' DIS'I'RIC`I' COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1408 BUFFALO, NY 14202-3322 PHONE: 851-4980 O FAX: 851-6576 E-mail: bdavis(akity- buffalo.coni Web: http : / /I)riancdnvis.blogspot.coAn May 1, 2008 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 COMMITTEES CIVIL SERVICE FINANCE LEGISLATION BUFFALO P1,ACH BUFF'AI.O ECONOMIC RENAISSANCE CORPORATION -- Response Letter from Buffalo Fiscal Stability Authority Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held 'Tuesday, May 13, 2008. Thank you in advance for your assistance with this platter. Sincerely, Brian C. Davis Ellicott District Councilmember E "Communication is the key for a better tomorrow" BUFFALO FISCAL STABILITY AUTHORTTV March 19, 2008 Honorable Thomas P. DiNapoli State Comptroller Office of the State Comptroller 110 State Street Albany, NY 12236 Dear Comptroller DiNapoli: This letter is in reference to the attached letter, which was apparently sent to you by Senator Antoine Thompson, a copy of which we obtained from papers filed for today's City of Buffalo Common Council meeting. Naturally, we would welcome your staff to audit the books of the Buffalo Fiscal Stability Authority (BFSA) at any time. However, we would like to make a few points relative to the BFSA, since we are at a loss concerning the issues raised in Senator Thompson's letter. BFSA engages an independent auditor to audit our year end numbers and has received an unqualified opinion since BFSA's inception in 2003. BFSA is a component unit of the City of Buffalo and as such our audited numbers are included in the City's Government wide financial statements in their Comprehensive Annual Financial Report. As required by NYS Public Authority laws and NYS Comptroller's regulations copies of our audit are provided to your office. Additionally, our Annual Report and many other reports are sent to your office, the Division of Budget in the Governor's office, the Senate Finance Office and the Assembly Ways and Means Committee. BFSA has the following sources of funding which are all forwarded to the City subject to the deductions discussed below. BFSA receives directly from your office all sales taxers for the City of Buffalo and Buffalo ,School District, as well as all State Aid to the City of Buffalo and we generate investment earnings on funds we retain for debt service or operating expenses. Investment earnings are transferred periodically to the City Comptroller. Sales Taxes. Upon receipt of these f,.inds, we retain City of Buffalo sales tax funds needed to pay BFSA debt service and operating expenses, as required by the BFSA legislation. The balance is forwarded to the City and the School District on the same day Market Arcade Building, 617 Main Street, Suite 400 Buffalo, New York 14203 (716) 853 -0907 / (716) 653 -9052 (fax) www.bfsa.state.ny.us 2 the funds are received. An advice of distribution is sent to the City and the School District each time funds are transferred. Additionally we report on a monthly basis all funds received and disbursed during the month, including investment earnings. Attached are copies of such reports. State Aid. The process for State Aid funds for the City is similar to that for Sales Taxes. Upon receipt of State Aid, we retain any debt service requirements (usually related to cash flow borrowings on behalf of the City) and forward the remainder to the City on the same day. The only exception to this process has to do with AIM funds. BFSA notifies the City the day before receipt of the funds and, per legislation, we require that the City request and BFSA approve the use of these funds prior to disbursement. This process has been working well over the past year and our Beard of Directors reviews and approves all disbursements of AIM funds to the City. I hope this information is of assistance to you and your staff. If you have any questions please do not hesitate to call me or Bertha H. Mitchell, our Chief Financial Officer. Sincerely yours, Paul J. Kolkrrieyer Chair Enclosures, Letter from Senator Antoine Thompson Advice of revenue transfer — January 2008 BFSA distributions - January 2008 Copies: Honorable David A. Paterson New York State Governor Executive Chambers State Capitol, Room 204 Albany, New York 12210 Honorable Michael Cote NYS Assemblymember, 142 D strict 5763 Seneca Street Elrna, New York 14059 Honorable Francis Delmonte NYS Assemblymember, 138` District 1700 Pine Avenue Niagara Falls, New York 14301 RE- FFERREL C? THE,' 00MOTTEE O N HNANCIR, 3 Honorable Dennis Gabryszak NYS Assemblymember, 143 District <) 125 Main Street Buffalo, New York 14203 Honorable Stephen Hawley NYS Assemblymember, 139 District 121 Norh Main Street, Suite #100 Albion, New York 14411 Honorable James Hares NYS Assembly, 148' District 5555 Main Street Williamsville, New York 14221 Honorable Sam Hoyt, III NYS Assemblymember, 144' District 936 Delaware Avenue, Suite #5 Buffalo, New York 14209 Honorable George Maziarz NYS Senator, 62" d District 2578 Niagara Falls Boulevard Wheatfield, New York 14304 Honorable Crystal Peoples NYS Assemblymember, 138'' District 790 East Delavan Avenue Buffalo, New York 14215 Honorable Jack Quinn, 111 NYS Assemblymember, 146' District 3812 South Park Avenue Blasdell, New York 14219 Honorable Mary Lou Rath NYS Senator, 61 District 5500 Main Street, Room 260 Williamsville, New York 14221 Honorable Robin Schimrninger NYS Assemblyrnenzber, 140`' District 3514 Delaware Avenue Kenmore, New York 14217 4 Honorable Mark Schroeder NYS Assemblymember, 145 District 2019 Seneca Street Buffalo, New York 14210 Honorable William Stachowski NYS Senator, 58 District 2030 Clinton Street Buffalo, New York 14206 Honorable Antoine M. Thompson NYS Senator, 60 District Walter J. Mahoney State Office Building 65 Court Street, Room 213 Buffalo, New York 14202 Honorable Dale Volker NYS Senator, 59 District 4729 Transit Road, Suite #5 Depew, New York 14043 Honorable Catherine Young NYS Senator, 57 District Westgate Plaza, 700 West State Street Olean, New York 14760 Mayor Byron W. Brown City of Buffalo City Hall Room 201 Buffalo, New York 14201 President David A. Franczyk Councilmember, Fillmore District City Hall, Room 1315 Buffalo, New York 14202 Honorable Brian C. Davis Councilmember, Ellicott District City Hall, Room 1408 Buffalo, New York 14202 Honorable Richard A. Fontana Councilmember, Lovejoy District City Hall, Room 1414 Buffalo, New York 14202 5 Honorable Joseph Golombek, Jr. Councilmember, North District City Hall, Room 1502 Buffalo, New York 14202 Honorable Michael yearns Councilmember, South District City Hall, Room 1405 Buffalo, New York 14202 Honorable Michael Locurto Councilmember, Delaware District City Hall, Room 1401 Buffalo, New York 14202 Honorable David Rivera Councilmember, Niagara District City Hall, Room 1504 Buffalo, New York 1420 Honorable Bonnie E. Russell Councilmember, University District City Hall, Room 1508 Buffalo, New York 14202 Honorable Demone Smith Councilmember, Masten District City Hall, Room 1316 -A Buffalo, New York 14202 Mr. James Clancy Director of Legislative Affairs Executive Chambers State Capitol, 2" Floor Albany, New York 12224 Mr. Joe Garba Deputy Director of Legislative Affairs Executive Chambers State Capitol, 2" d Floor Albany, New York 12224 T Mr. Paul Francis Chief of Staff Executive Chambers State Capitol, Room 204 Albany, New York 12224 Mr. Martin Mack Deputy Secretary for Intergovernmental Affairs Executive Chambers State Capitol, Room 248 Albany, New York 12224 President Michael F. Drennen AFSCME Local 650, AFL -CIO 22nd Floor City Hall Buffalo, New York 14202 President Joseph Foley Buffalo Professional Firefighters Association, Inc. 255 Delaware Avenue Buffalo, New York 14202 President Robert Meegan, Jr. .Buffalo Police Benevolent Association, Inc. 74 Franklin Street, Room 110 Buffalo, New York 14202 President Philip Rumore Buffalo Teachers Federation 271 Porter Avenue Buffalo, New York 14201 President William Travis AFSCME Local 264, AFL -CIO 257 Elmwood Avenue, Ste. 201 Buffalo, New York 14222 ;. Y. i {w TH iHC, fn�QiS'ciy Office of the State Comptroller Thomas P. Dinapoli, State Comptroller I l p State Street Albany, NY 12236 Dear Comptroller Dinapoli, March 3. 2008 rs .1.9r7. r3 _'2t5 t ( $i f ".i t5 This letter is a request for an audit of the financial records of the Buffalo Fiscal Stability Authority going back at least three years. It has come to rtty attention that there are a number of discrepancies on the Board's financial statements which have led people to believe the Board is wiftolding funds that belong to the City of Buffalo. Your prompt response to this matter is greatly appreciated, If I can be of any help feel free to contact me in my Albany office at 513 -455 -3371 or in Buffalo at 716 -334- 3051. Cc Flom. Eliot Spitler Governor of New York State Executive Chambers State Capitol, Rm. 204 Albany, NY i 2214 N Martin Nliek Deputy Sccretary for Intergo4c:t�ntc�ttal Affairs Chantbcrs State Capitol, Rm. 248 :klbany Y 1??2 =1 Sincerely, Antoine 1V1_ Thompson NYS Senator, 60' District 41. J 1 s r i i T � LL77 rs .1.9r7. r3 _'2t5 t ( $i f ".i t5 This letter is a request for an audit of the financial records of the Buffalo Fiscal Stability Authority going back at least three years. It has come to rtty attention that there are a number of discrepancies on the Board's financial statements which have led people to believe the Board is wiftolding funds that belong to the City of Buffalo. Your prompt response to this matter is greatly appreciated, If I can be of any help feel free to contact me in my Albany office at 513 -455 -3371 or in Buffalo at 716 -334- 3051. Cc Flom. Eliot Spitler Governor of New York State Executive Chambers State Capitol, Rm. 204 Albany, NY i 2214 N Martin Nliek Deputy Sccretary for Intergo4c:t�ntc�ttal Affairs Chantbcrs State Capitol, Rm. 248 :klbany Y 1??2 =1 Sincerely, Antoine 1V1_ Thompson NYS Senator, 60' District 41. J 1 s r i i Mr. Coe Garba Doty Director ofLegWative Affairs Executive Chambers State Capitol, 2' Floor Albany, NY 12224 Hon. Catherine Young NYS Senate, 57th District Westgate Plaza, 700 West State St. Olean, NY 14760 Horn. Robin Schimminger NYS Assembly, 140th District 3514 Delaware Ave. Kenmore, NY 14217 Hon. Dennis Gabryszak NYS Assembly, 143rd District 1- Main St. Buffalo, NY 342033 lion. Jack Quinn, lit NYS Assembly, 146th District 3812 South Park Ave. Blasdell, NY 14219 3 William Stachowski NYS Senate, 58th District 2030 Ckinton St. Buffalo, NY 1 1206 I r i i } f Mag* a: Falls, NY WAG 140 i..Ctykal Peoples NYS Assembly, 14Ist District 790 -E. lbelavan Ave, Buf#aXp; NY 142'1 Hon: yarn Hoyt, ju NY Assembly, 144th District 935 Delaware Ave_, Suite 5 Buffalo, NY 14209 Hon, Dale Volker NYS Senate, 59th District 4729 Transit Rd., Suite 5 1:3ep6sv,'NY' 14043 Hon. George Maziairz NYS Senate, 62nd District 2578 Niagara Falls Blvd. Wheatfield, NY 14304 IIon, Stephen Flawley NYS Assembly, 139th District 121 North Main, Suite 100 Albion, NY 14411 Hon. Michael Cole; NYS Assembly, 142nd District 5763 Seneca St. E1111a, NY 14059 .Hon. Mark Schroeder iIYS Assembly, 145th District 21119 Seneca St. Buffalo, NY 14210 0 t r Y' i. Ron. Domone A.. Smith Masten District Councilmember Rrn .131 1 &A C-4 Hall. Bifffaloi Y i42a2'. Horn. Michael Locurto .Delaware District Councilmember Rm. 1401 City Hall Buffalo, NY 14202 Han. Joseph Colombek, Jr. North District Councilmember R.M, 15R2 Cityl4all Buffalo, NY 14202 Hon. Dominic J. Bonafacio, Jr. Niagara District Councilmember Rn i. 15 0 City Hal I Buffalo, NY 14202 Hots. Michael Kearns South District Councilmernber Rm. 1405 City Hall Buffalo, NY 14202 Hon. 130twie F. Russell University District Councilrnember Rin. 1508 City Hall Buffalo, NY 14202 lion. Richard A. Footana boveJoy District Councilmember Rni. I41 -4 City Hail BLIf-ale, NY 14202 P r '6 S I lit BU "W Professional Pirefighteks Association, Inc,, Local 282 255,bela ' ware Ave, Buffalo, NY 14102 Lt. Robert Meegan, Jr Presidefit Buffalo Folico Benevolent Association, I 74 it 110 Buffalo, NY 14202 W. Philip Rumore Buffalo Teachers Federation President 271 Porter Avenue Buffalo, NY 14201 A,F.S.C.M.)E LOC41 264 AFL-CIO 120 Delaware Avenue Buffalo, New York 14202 A.RS.C.M.E. Local 650 AFL-CIO P.O. Box 21 Niagara Station Buffalo, New York 14202 E x jir Advice of BFSA Revenue transfer for 3/6/2008 We have transferred into the City of Buffalo account at HSBC, value date 3/6/08 the following amounts: Total Amount of Sales Tax Revenues Received $9,499,781.07 City Sales Tax Revenues $7,538,998.35 School District Tax Revenues $1,960,782.72 Deductions; Set Asides for 2004A Debt Re a rnent $ 280,000.00 Set Asides for 2005A Debt Rea meat $ 296,459.90 Set Asides for 20058 & C Debt Re a ment $ 512,458.33 Set Asides for 2006A Debt Repayment $ 224,425.00 Set Asides for 2007A Debt Re a ment $ 182,279.17 BFSA Operating Ex penses $ 100,000.00 Total Deductions $1,595,622.40 BFSA Revenue Distribution to the City $5,943,375.95 BFSA Revenue Distribution to the Schools $1,960,782.72 fy}i jf`/ BUFFALO FISCAL STABILITY AUTHORITY i•'ir Bertha H. Mitchell Chief Financial Officer Memorandum To: Mr. Andrew SanFilippo, Comptroller, City of Buffalo Ms. Janet Penksa, Commissioner of Administration, Finance, Policy and Urban Affairs, City of Buffalo Mr. Gary Crosby, Chief Financial Officer, Buffalo School District From: Greta D. Mobley, BFSA C.C. D. Estrich, City of Buffalo R. Calipari, City of Buffalo A. Forti- Sciarrino, City of Buffalo B, Smith, Buffalo School District E. Salvatori, Buffalo School District Date: February 1, 2008 Re: BFSA January Revenues As required by the amendment (Chapter 86 of the taws of 2004) to the BFSA Act, I am hereby summarizing BFSA sales tax, State Aid and investment earnings activity during the month of January 2008. Sales Taxes BFSA City Sales Tax Revenue $5,388,361.96 BFSA School District Sales Tax revenue $2,655,664.12 Total BFSA Sales Tax Revenue received $8,044,026.08 Market Arcade Building, 617 Main Street, Suite 400 Buffalo, New York 14203 (716) 853 - 09071(7'16) 853 -9052 (fax) www.btsa.state.ny.us Less: 2004A Series 2005A Series 20058 Series 2006A Series 2007A Series BFSA Operations Total Deductions $ 280,000.00 $ 296,459.90 $ 512,458.33 224,425.00 182,279.17 100,000.00 1,595,622.40 BFSA Revenue Distribution to the City of Buffalo $3,792,739.56 BFSA Revenue Distribution to the Buffalo Schaal District $2,655,664.12 $380,000 was distributed to the City of Buffalo from Spin -up funds held by BFSA. $1,178,000 was distributed from AIM funds held by BFSA. Investment Earnings: From AIM funds $ 20,842-87 BFSA Bond Funds Investment Earnings $ 7,648.75 Please let me know if you have any questions. BRIAN C. DAVIS Ir.i.ICO I �ISI1zrcr COUNC]t. h'II- Iv1[3ER 65 NIAGARA SQUARE:?, ROOM 1408 BUFFALO, NY 14202 -3322 PIIONL:951 -4980 % FAX: 851-6576 E -mail: bdavis@city- buf €alo.cora Web: http : / /briai - tcdavis.biogspot.com May 6, 2008 Gerald Chwalinski, City Clark 1302 City Hall Buffalo, New York 14202 #K-. Taxi Stands at 181 Ellicott Dear Mr. Chwalinski: CQMMI'ITEE5 CIVEI, SERVICE FINANCE I .FG15LATlON BUFFALO PLACE BUFFALO ECONOMIC RENAISSANCU CORPORATION Please file the attached item for further discussion at the next Common Council session to be held 'fuesday, May 1.3, 2007. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Councilmember a X I L ' 10 Mtn 0 it Ounrl� City of Buffalo "Communication is the key for a better tomorrow" Nj ' 6w TA Niagara f=rontier Transportation Authority Servinr� the Niagara F;'egivn 1£31 Ellicott Street BON.alo. Neva York 14203 7 1 (i 855 -7300 I ax- 716-fI 5- 76`.17 TT DE 855 -7650 www- nita.corn B rian C. Davis Ellicott District Council Member City of Buffalo 65 Niagara Square 1408 City hall Buffalo, New York 14202 -3322 Rl : Taxi Stands 181 Ellicott Dear Council Member Davis, As you requested I have attached several incident reports that were a result of inappropriate behavior by the independent Taxi operators that do business at 181 Ellicott. These were violations that warranted suspensions. Our `Fransit Police handle the day -to- day complaints and will be willing to sit with you to discuss the problems generated by the Taxi operators. Thank you, A Al Randaccio Facility Manager 181 Ellicott Street Buffalo, New York 14203 Office - (716) 855 -7345 I (716) Fax - 855 -6689 E -Mail - Albert Randaccio(a),NF "I'A.Corn Cc: WaltLmuda Ruth Keating NFTA Niagara Frontier Transportation Aulhority Serving the Magarn Regron 181 EllvC l3 Sheet € Uifala, New York 14203 716- 855 -7300 Fax: 716- 855.7657 TDD: 855 -7650 www, nfta.cc)m To: Koullid Ido From: Al Randaccio Facility Manager Date: February 26, 2007 Re: 2125107 Incident -- Fighting on NFTA property On February 25, 2007 you were involved in a physical altercation with another Taxi driver. The altercation required Transit Authority Police to fill out a police report naming you and Khalil Alkenani as being involved in a physical altercation resulting in injuries. The TAPD had to remove both of you from the property. This type of behavior is a direct violation of the NFTA zero tolerance policy. Per the rules and regulations at 181 Ellicott and the authority given this office by the Taxi License bureau at City Hall you will be suspended from doing, business at 181 Ellicott for a period of 30 days, to begin on February 27, 2007 and ending on March 28,2007. The suspension will be enforced by the NFTA police. Further misconduct may result in termination of service at 181 Ellicott and a formal complaint to the Taxi License Bureau. Attached are the rules and regulations that all taxi drivers follow at 181 Ellicott and a copy of the Police re ort. Al Randaccio Facility Manager iht P File- Taxi koullid Khalil r� AAFTA Niagara Frontier Transportation Authority .SPrving the Niaoara Region 181 Ellicott Street Brrttalo. New York 14203 716- 855 -7300 Fay, 716-855-7657 TDD. 855- 76511 www.nfta.cc3m To: Khalil Alkenani From: Al Randaccio Facility Manager Date: February 26, 2007 Re: 2/25/07 Incident — Fighting on NFTA property On February 25, 2007 you were involved in a physical altercation with another Taxi driver. The altercation required Transit Authority Police to fill out a police report naming you and KouI.lid ldo as being involved in a physical altercation resulting in injuries. The TAPD had to remove both of you from the property. This type of behavior is a direct violation of the NFTA zero tolerance policy. Per the rules and regulations at 181 Ellicott and the authority given this office by the Taxi License bureau at City Hall you will be suspended from doing business at 181 Ellicott for a period of 30 days, to begin on February 27, 2007 and ending on March 28,2007. The suspension will be enforced by the NFTA police. Further misconduct may result in termination of service at 181 Ellicott and a formal complaint to the Taxi License Bureau. Attached are the rules and regulations that all taxi drivers follow at 181 Ellicott and a copy of the Police report. Al. Randaccio Facility Manager File: Taxi Khalil k:oullid Fight ��� AW ITT N RL EGMLATIM - Transit Authority Police Department Complaint POLICE REPORT 07- 003624 ASSAULT 3RD Repnrt Date &T,me 0212512007 18:25 Mod _5 Adfless of0mo7ence Dishrct y Tract _ Om Date & Time Day of Week Type ofPremise 181 F1 I ICOTT ST 0 02125/2007 18 Sunday status Foliow LO BY 5upl TT r kz# TT EW Date 77Conr-aX rI Cancel DYate Closed N �. 114 - COGGINS Rep. M. 114 - COGGINS Supervisor: 16 - JONES IDO IMMe FhslAt M/ Ext 01 bDte White S ex ✓u ile A ted R R� Aaffess City state ZP Home Phone WO&Fhane 321 PLUMOUTH AV Apt: A2 BUFFALO NY 142 fht Weight heir dyes r Complexion Classes Scars/ritsrks/Tatlovs Cut and swollen lip. Nit Last dame first Name MI E11 Wirth Date Race Ser Age Juvenrle Arrested Repert KENANI KHALIL l 12101/1967 White M 39 N N PR Aa�ss State 20 Home Phone Wotk Phone 123 PETER ST Apt: A -1 BUFFALO NY 14207 H.Ot Weight fir Eyes Build Complexion Glasses 5cars/W0cW1att0os V 0" 250 BLK BRO L FAR Cuts to his knuckles on his fight hand Law Section GA 1 CC I DG I Reood PL 120.E -01 M A 3 XS SAULT 3RD WIINTENT CAUSE PHYSICAL INJURY PR Rep�r1 owner Year M3*6 Moer°l BoayStyle Cok+r Registrafran State ir1N &tatus 3640TX P R I;NMI KHALIL 1 1 TX " — P IDD KOULLIU D 3640 /� ` OVATOW"I'll- i-WTMst 0 XT 00 O n the above date an e R. tim . recieve a complaint from khglil Alkenani regarding an argument between himself and Koullid Ida. Based on a witness's statement, the cab driver's statements, and the apparent injuries to the cab drivers R.O. determined that a verbal argument between the two cab drivers occurred. At a point in the argument Khalil Alkenani reportedly, with his right fist, struck Koullid Ido hitting Koulil Ido in his mouth causing pain, swelling, and cuts to Koullid Ido's lip. Khalil Alkenani did have small cuts on the knuckles of his right hand. Koullid Ido reportedly defended himself by pushing Khalil Alkenani. Koullid Ido did not wish to sign on a complaint and R.O. told both parties to leave the property and not to come back for the rest of the night. Dtfncer. 114 - COGGINS - swpervfsor. 16 - JONES Pr )n datee 02/2612007 0121 PM NFU Niagara Frontier Tfansportation Authority Serving the Niagara Region i81 Ellicott Street Butfalo. New York 14203 716 -855 -7300 Fax 716- 855 -7657 TDD: 855 -7650 www,ntta.corn To: Khalil Alkenani From: Al Randaccio Facility Manager Date: July 1. 0, 2007 Re: July 5, 2007 Incident — Fighting; on NFTA property f On July 5, 2007 you were involved in a serious altercation with Taxi Operator Alernu Akwlew. The NFTA Transit police interviewed several witnesses and determined that you were trying to agitate Mr.Akwlew and provoke a fight. You were witnessed making rude gestures, racial comments and even spitting at Mr. Akwlew. This type of behavior is a direct violation of the NFTA zero tolerance policy. Per the rules and regulations at 181 Ellicott a11Vd the authority given this office by the Taxi License bureau at City Hall you will be suspended from doing business at 1.81 Ellicott for a period of 30 days, to begin on July 11, 2007 and ending on August 10,2007. The suspension will be enforced by the NFTA police. This is your second recorded instance of violence and inappropriate behavior at 1.81 Ellicott. Further misconduct will result in termination of service at 181 Ellicott and a formal complaint to the Taxi License Bureau. Attached are the rules and regulations that all taxi drivers follow at 181 Ellicott and a copy of the li ort. R� daccio Facility Manager File: Taxi Alkenani Fight Transit Authority Police Department POLICE REPORT HARASSMENT 1ST Complaint 07- 014453 � `_' Repod Dafe &Time �3 07106/2007 13:04 Dtsficf Tract oix. Date & Time Day of Week Type ofPremise 01 07/05/2007 00:00 Thursday Follow L17 By Sop/ TTMess# TTEnhy pate TT Cancel#` TT Cancel D, te ALKENANI KNAUL Addzss 123 PETER ST Apt A-1 Hoot Weight Hair Eyes 6 6 {I " 250 BLK BRO L Lasf Name 57tIva me ALEMU AKELEW 4d*ess 113 ! AFAYEITE AV Apt 107 "aght Weght l*ir Eyes Bi 5 180 BLK BRO S N Rep- m: 59 - ALVpJMO supew�sm 15 - HERITAGE M1 Ert „ BirthDate Race Sex Age /MWI7e Acres 1 12/01 /1967 White M 39 N N e ZP Home Phone Work Phone BUFFALO NY 14207 M1 Ext G cif} BUFFALO at-xi9n Glasse None tftrrn [rate Hace Sex Age Juvenile Aires 07/10/1964 Black M 42 N N .State zo home Phone WorkPhorle NY 14213 on a ove aate and time w a wo ng at t e ._ .' as , ew aims at a other cab driver by the name of Alkenani,Khalil had grabbed his private man parts,called him a black monkey and was spitting at h investigated Mr,Ale complain and found that there was Mr,Joe,Brown and Mr,ldo, Koullid,how had witness the event and said that Mr,Alkenani was the person that was wrong in doing and saying what he did .R/O will give a copy of this report to M.T.C, management and wait for a decision, 59 - ALVARADO Bate: 07/09/2007 12: supervisor. 15 - HERITAGE NFU Niagara Frontier Transportation Authority Serving the Niagara Region 181 Ellicott Street Suftato, Now York 74203 716- 855 -7300 Fax: 716- 855 -7657 TDD 855 -7650 www.nita.c.om To: Akelew Aleme Operator Cab 110 NY Reg 13169TX) From: Al Randaccio Facility Manager Date: December 18, 2006 On December 16, 2006 at approximately 0055 hours, you were the first cab on line and refused the fare due to length of trip_ The NFTA Transit Authority Police confirmed this incident. and a report was made. Another cab driver witnessed the incident causing the passenger to use a different cab company. Per the rules and regulations at 181 Ellicott and the authority given this office by the Taxi License Bureau at City Hall you will be suspended from doing business at 181 Ellicott for a period of two weeks effective December 19, 2006 and ending January 2, 2006. NFTA Police will enforce the suspension. Further misconduct will result in termination of service at 181 Ellicott and a fornnal complaint to the Taxi License Bureau at the City of Buffalo. Attached is a copy of the Police report and. the rules and regulations that all taxi drivers foil watt 1 llicott. A Randaccio Facility Manager Cc: Taxi file MTC TAPD .•.� wu.udrea rrme uayntwmw TypeofPremre LST 0 1211W006 00.24 Saturday Transit Facility follav lh> By 5clnl TT A�essA TT Entry Lrate TTCarx FT Cancel Date N USERT Rep. OfL 113 WOAY supervisor. 14 - KARASZEWSKI S UBJECT Last Name Fsst Name rEfl Ext &M Date fi'ace Sex Age Juerenk- Arrested A300 ALE ME AKELEW 07110/1964 Unknown M 42 N N PR Ad*ms zP H mePhone Work Phone 115 LAFAYETTE AV BUFFALO sta te 14201__(716) - ft Weight /fir Eyes build Complerran Glasses Scr^✓blarksrTattcrrs BLK BRO None NARRAT1W POUCE REPORT .Rep. Date. , i7iierna oo:2s Typist LOUIS LOUBERT onker. LOUBERT,LOUIS 113 . n at approximate y a ours, leer L. LOUDert was approa e y a ema a regar ing a t.a driver whom denied her a ride because her fare was too short. Officer found that the subject, an independent driver with City Cab operating cab 110 (NY REG 13169TXj did refuse a passenger and did state that the fare was too short and that he would never make any money taking short fares all night So he denied fare and went to the back of the waiting taxi line. Pedro Alzarel, another cab driver approached officers and stated that the subject has done this before. Passenger took a different cab company and stated she was going to make a complaint with the cab service. 113 - LOUBERT .( supervisor. 14 - KARASZEWSKI �te: 12!1812006 01:48 A AfAFTA Niagara Frontier Transportation Authority Serving the Niagara Region 181 Oilicott Stroet Buffalo, New York 14203 7 t 6 -Q55 -7300 Faz:716�855 -7657 TDD: 855 -7650 www,nfta com To: Tony (Operator Taxi 13141 -TX) Permit (347 -city) Vehicle Registered to Patrice Tully 285 E Park Dr. Tonawanda, NY 14150 From: Al Randaccio Facility Manager Date: April 5, 2006 f1 On April 4, 2006 at approximately 4:00 PM an employee of the NFTA needed a cab ride to Adams Mark- You were the first cab on line and refused the fare. The other cab drivers insisted and pressured you into taking the Fare. During the ride the NFTA employee reported you were rude and belligerent. The complaint stated you used fowl language and made sexist remarks. The employee made a formal complaint with. the NFTA police and NFTA management. Per the rules and regulations at 181 Ellicott and the authority given this office by the Taxi L icense bureau at City Hall you will be suspended from doing business at 181 Ellicott for a period of one month effective immlediately and ending May 4, 2006. NFTA Police will enforce the suspension. Further misconduct will result in termination of service at 181 Ellicott and a formal complaint to the Taxi License Bureau. Attached e �tles n d regulations that all taxi drivers follow at the 181 Ellicott, Al Randa cio Facility Manager �'1 ._ • ,fix'- L - � - , '�7 - V � ��' Fibag Taxi r� 7 24 Hour Service FELIX BARIKER (716) 316 -4189 To: Felix Bariker From: Al Randaccio Facility Manager Date: June 21, 2006 On June 16, 2006 at approximately 6:00 PM you were witnessed in an altercation with another cab driver. It was reported that you approached this cab driver kicked him on his left arm. This type of behavior will not be tolerated. Two operators made a formal complaint with the NFTA police and NFTA management. Per the rules and regulations at 181 Ellicott and the authority given this office by the Taxi License bureau at City Hall you will be suspended from doing business at 181 F111cott for a period of one week effective immediately and ending Saturday, June 24, 2006. NFTA Police will enforce the suspension. Further misconduct will result in termination of service at 181 Ellicott and a formal complaint to the Taxi License Bureau. Attached are the rules and regulations that all taxi drivers follow at the 181 Ellicott. Al Randaccio Facility Manager File: 'taxi Bariker Fight 4 ....d STATE of Ncw YORK EXECUTIVE CHAMBER A[13ANY 12.224 C3"m A. PATERSON GOVERNOR April 30, 2008 (- P, -, / /, -/() r Jacqueline E. Rushton Senior Legislative Assistant Common Council of Buffalo 65 Niagara Square, 1413 City Hall Buffalo, NY 14202 -3318 Dear Ms. Rushton: Governor Paterson has asked me to thank you for sending us the resolution recently passed by the Buffalo Common Council about the host community share of the Buffalo Creek Casino revenue. Your correspondence has been forwarded to the appropriate members of our staff. 1 am sure it will be of interest to them. Please be assured that we will keep the Council's comments in mind during any discussions we may have on this matter. Once again, thank you for writing. REDO V D AND FR- Sincerely, R- Sincerely, 4 x�a- 4 PETER A. DRAGO Director, Executive Chamber Operations www.ny.gov A ti t i 2' q� J Shn I Buffalo Niagara International Airport Buffalo, New York 14225 May 5, 2008 Joseph Golembek, Jr. Chairman, Taxi and Limo Commission 65 Niagara Square, Room 1502 Buffalo, NY 14202 Dear Councilman Golombek: `r* in � I i e, / t/ CX -/? S ZS Thank you for the opportunity to meet with you and your staff last week. We at Airport Taxi Service wish to express our appreciation at your continuing open door policy and your willingness to take time from your schedule to address the problems facing the taxicab industry in Buffalo and Western New York. As you know, since the last metered fare increase granted by the Common Council in 2005, the cost of gasoline has in effect doubled, from approximately $1.85 per gallon to roughly $3.75 today. What is especially concerning is the likelihood of further increases as the summer driving season approaches, exacerbating an already critical situation. The recent and dramatic upward spiral in the cost of fuel has placed a virtual stranglehold on all of us in the taxicab industry. Gasoline is our single largest expense, and, coupled with the other rising expenses attendant to the industry, such as liability insurance and vehicle repairs, to name a few, our profit margin has shrunk to such an extent that many drivers are abandoning their businesses, unable to make a decent living despite the investment of longer hours behind the wheel. This development is evident in. the unusually large number of City "Taxi Licenses which have not yet been renewed. The city of Buffalo, once a thriving taxicab town, is now in danger of losing the convenience of prompt, reliable taxicab service that it has come to take for granted, due primarily to the recent crisis brought about by outrageous fuel costs. Accordingly, we feel compelled to formally request that the Taxi Commission and the Common Council consider granting to our industry a vitally necessary meter rate increase as soon as possible. This is crucial in order to maintain the health of the industry and the continuing availability of taxicab service in the metro Buffalo area. G Office: 633 -8318 ® Fax: 633 -8297 * 1 -800 -649 -8166 Dispatch: 633 -8294 o Fax: 633 -6847 e 1 -800 -551 -9369 `Therefore, we respectfully submit a request that the initial meter rate or `drop" be increased from $2.30 to $3.00 and the mileage rate, the most important component of the fare, increased from $2.40 per .mile to $3.60 per mile. Should an increase be granted by the Council, it would be only the second fare increase in eight years. Thank: you in advance for your kind consideration of this important hatter. We feel that this issue is of the utmost urgency and a timely review by the Council would be met with considerable gratitude on our part. if we can provide the Council any additional data or assist you in any way, please don't hesitate to contact me directly at (716) 583 -2257. Respectfully submitted, Fran Iona, Secretary 1TA Airport Taxi Service REFERRED TO THE COMMITTEE ON LEGISLATION DIVISION OF LICENSE AND CORPORATION COUNSEL 1 BUFFALO TRANSPORTATION INC. May 6, 2008 Joseph Golembek, Jr. Chairman, Taxi & Limousine Commission c/o City of Buffalo Common Council 65 Niagara Square, Room 1502 Buffalo, NY 1.4202 Dear Councilman Ciolombek A 7L We appreciate the opportunity to express our concerns regarding standard- ized taxi rates for the City or Buffalo. As I am sure that you are aware, the last in- crease in taxi rates was more than three years ago. In the past three years, the price of gasoline has doubled, minimum wake has increased approximately 40 %, and taxi insurance costs have increased dramatically. As a result of these significant increases in the cost of doing business, our industry is losing a large number of professional taxicab drivers. Our goal is to pro- vide prompt, courteous, reliable and afl:ordable service to our patrons. As part of that effort, we also need to make sure that our drivers are properly compensated for their hard work. Buffalo Transportation respectfully submits a request that the initial load fee be kept the same, $2.30, as a large number of Senior Citizens and low income peo- ple utilize taxi services for short distances. We believe an increase in the rate per mile from the current $2.40 per mile to $3.30 per ':Wile is more than justified. In. or- 7I MILITARY RD der to decrease the impact on our patrons, we submit that the increments per mile BUFFALO, NY be adjusted to between 1/7 of a mile - 1 /10 of a mile. Rhone: 716 -877- 5640 Please don't hesitate to contact me directly at 716- 444 -2288 i f' I can provide you Fax: 716- 875 -5652 with any additional information or su ggestions. E -mail: BFLO @ADELPHIA.NET gUFPAi.p TR '�NSP Mint' li[�PF,11.0 Sin cer ly, 1 � T1tANS1*4)1VIW1'10N INC. Igor Finkelstein " President, Buffalo Transportation, Inc. REFERRED TO THE COMMITTEE ON LEGISLATION DIVISION OF LICENSE CORPORATION COUNSEL BUFFALO TRANSPORTATION INC. May 6, 2008 Joseph Golembek, Jr. Chairman, Taxi & Limousine Commission c/o City of Buffalo Common Council 65 Niagara Square, Room 1502 Buffalo, NY 14202 This proposal is endorsed by the following companies: Liberty /Yellow Cab: K.enniore 71 MILITARY RD BUFFALO, NY Fhona: 716 -877 -5600 Fax: 716 -875 -5652 E -mail: BFLO@ADELPHIA.NET gllfFAfp ��NSrost ���pTy . THA\SVI)KTATION 1\C. 0 (' 0 5 t May 8, 2008 Mr. Gerald Chwalinski City Clerk 1308 City Hall 65 Niagara Square Buffalo, NY 14202 Dear Mr. Chwalinski: Aih �k!, Vfc� ;`lr_ aJrnr C P/ C_ 7 y X ro rfit 6 IS PWC- Thank you for requesting the University at Buffalo Police Department`s input regarding Council Resolution Item # 113 CCP April 23, 2008 "The Need for A Greater Police Presence in the City of Buffalo." The geographical jurisdiction of the University Police is governed by the New York State Criminal Procedure Law (section 1.20) and includes the three campus centers that make up the university (North Campus South Campus, and Downtown Campus) as well as streets that abut such property. Thus, the University Police cannot make arrests for petty offenses outside of our "geographical area of employment" (the three campuses). Recognizing these jurisdictional constraints and also our shared interest in a safe community, the University at Buffalo Police Department has a Memorandum of Understanding (MOU) with the Buffalo Police Department that covers response protocols and a mutual -aide agreement for both agencies. We are in regular contact with the Buffalo Police on matters of mutual concern and maintain an excellent relationship with the BPD. In fact, UB's Police Chief Gerald Schoenle and Director of Community Relations Vince Clark recently attended a University Heights Community meeting with Commissioner Gipson where they discussed various protocols currently in place. In addition to our existing ongoing collaborations with the Buffalo Police, the university has agreed to actively patrol the perimeters of the South Campus. We have arranged for our investigators to meet with BPD's investigators on a regular basis to exchange intelligence information and to be of mutual assistance. In direct response to feedback from residents of the University Heights and the university community, the UB Police Department recently implemented an extra shift from 7 p.m, to 3 a.m, to make UB patrols even more available to assist in peak times. Finally, the University at Buffalo has recently offered to assist in purchasing surveillance cameras for use in areas surrounding the South Campus. In short, we are committed to assisting the City and the Buffalo Police Department, while maintaining the safety and security of our campuses. The university has been working diligently to improve resident and student safety in the University Heights neighborhood. A neighborhood- safety task force, led by UB, has been created to address and monitor threats to neighborhood safety. This group is working with community members, the Buffalo Police Department, and Buffalo Mayor Byron Brown to develop strategies to improve safety by the prevention of violence, theft, and other serious crime and the reduction of nuisance crimes, such as vandalism and loud parties, which affect the quality of life of all neighborhood residents. UB's Police Department also has created an early warning notification system designed to make our entire UB community, including on and off - campus students, aware of all crimes and threats including weather advisories. In addition, UB Police have launched a very successful public awareness campaign to matte students aware of their vulnerability to automobile break -ins. As part of the initiative, University Police distributed almost 4,000 vehicle - burgiary report cards to staff and student vehicles parked in South Campus lots in .January and March. With regard to the conduct of UB students, the university expects each and every one of our students to be good community citizens ---- in keeping with the values of our university — and the vast majority of our 28,000 students do behave responsibly_ To reinforce these expectations of appropriate behavior, UB: • Has created a door -to -door education campaign, reaching out to 7,000 residences in the University Heights, to remind students about proper behavior and ways to ensure personal safety. • Offers orientation sessions and student information fairs to educate students about off - campus living and good community citizenship and to inform students about UB's "zero tolerance" policy with regard to inappropriate community behavior. • Requires students to abide by a university code of conduct or face disciplinary action ranging from mandatory community service to expulsion — only 5% are repeat offenders. • Has launched a "Neighbor -to- Neighbor" program that encourages students, faculty and staff to offer volunteer service to spruce up rental properties within the neighborhood. Held a living off - campus event in April 2008 to promote good neighbor and safe practices for students moving from the campus. Vince Clark, UB's Director of Community Relations, will contact you within the next week to follow up with you on this communication and to provide any additional information or assistance that you might find useful. It is our common goal to have a safe community in the University Heights neighborhood and throughout the City of Buffalo. We look forward to continuing our collaboration with the Buffalo Police Department and the City of Buffalo in support of that goal. Sincerely, Marsha S. Henderson Vice President for External Affairs cc: The Honorable Byron W. Brown Members, Buffalo Common Council REFERRED TO TV-IF COMMITTEE ON TION. Page 2 0 0005 U F L 0 KAT 65 Sc Iare a 602 City Haft Sufiaic, Na Yor - 1'7?(.2 -330 Mliy 5, 2008 'Yhe florrorable iVlichael P. Kearns, Chair Finance Committee Buffalo Common Council 1401 City Hall Buffalo, Now York 14202 Re: Buffalo Water Board /, 1,�4fs 6 A �,e z;V F' I e ar Councllme nber Kearns: The Buffalo Water Board appreciates the opportunity the Coninion Council cxtorided to the public to present its comments and concerns with regard to the Management Agreement for the Buffalo water system at the public hearing on April 29, 2008. Commissioner Stcpnial< and .I received helpful inl'ormalion fro the Council members and the public. We have already started to work to address those concerns and to develop a plan of action that the Buffalo Water Board relay take to iMprove our management and operations. In the meanwhile, I respectfully request that the Finance Committee recommend approval of the first Amendment to the Management Agrceincnt by and between the Buffalo Water Board a,nd American Water Operations and Maintenance, Inc. ( "AWS ") as has been presented to your honorable body. This First Amendment is critical to the Buffalo Water Board's mission to deliver water service to all of Buffalo's residents, as well as commercial and industrial users of the water system. Since 1997, the Buffalo Water Board and the people of Buffalo have received significant benelits .from our agreement with AWS, including professional management of the operation and r7aaintenance of the water system at a reasonable cost to the Buffalo Water Board and to the ratepayers, We are mindful of our obligation as a State public benefit corporation to fulfill our obligations to the public. In addition, the Buffalo Water Board is charged by State law to be self- sufficient and derives its revenues solely from the water rates, fees and charges. The Buffalo Water Board must pay not only for the operation and maintenance of the water system, but also por the capital improvements through bonds that are sold by the Buffalo Municipal Water Finance Authority. Accordingly, we rust honor our covcnants not only with our ratepayers, but also with our bondholders. Our Managcment Agreement with AWS enables us to maintain stable and uninterrupted operation and maintenance of the water system. We continue to study ways in which we can fLrlfill the Water Board's mission. For example, in 2006, Raltellis Financial Consultants ( "RFC ") delivered a report that we commissioned which included an analysis of the Buffalo 1 1 U1,3110 1\717934\1 1 I - l '`;)t "3or:1L1z a/1 it ' 1 r� �� ,r ?i. Nfay 5, 2008 Page. 2 j` W alur Board water rate; stnicture. 1 his report exanlllled r itC Ct:[Ulty bctwc un cus2C).nier classes (1•csidcntial, coLnl)cr{'l l and industrial) an.cl projected system rcvr;nuc requirenic�nis or the next 5 of tl;i mu d , , , ' c : wr'v pl" 5 t:tL'cl to both tl "ic .B3 i f alc Wal cr Boar(! i,n( t) the Buffalo Connnion Council. Thy: Buffalo Water Board plans 0t] Litt i .11" the I- CSUlts of this study to continue, to promote egltity in water rates amonb customers of the Buffalo Water System. 11) addition, the BUFfalo Water Board charges a late fee for customers that are delinquent, but that late fee is established pursuant to State law and is the same rate as taxpayers of the City of Buffalo pay for unpaid real property taxes. Similarly, the Buffalo Water Board pays a commission for the collection of delinquent charges, however this has been the same rate as before AWS was engaged in 1997. It is also the same rate as was set through the Buffalo Comptrolle'r's Office after eotnpetitivca bids were received from collection agencies before; 1997. The Buffalo Water Board loops forward to working cooperatively with the Buffalo C'onitxlcjn Council and the administration in the future to fiilfill its mission to the people of Buffalo. Accordingly, we respectfillly request that the Finance Comlrnittee recommend the approval of the First Amendment to the Management Agreement and that the Corrin,ion Council promptly approve this Amendment as soon as possible. Thank you :For your consideration. Very truly yours, BUFFALO WATER BOARD By: OlLlwole A. cFoyXh - ,6r cc: The City Clerk ']'he Honorable Byron Brown Commissioner Steven. Stepniak ffilffltlo Water Board F - l y O ITT FIE N FINANCE, 13 r H 13011737934\1 ' 36uffalo O P -.off coun MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CI TY HALL BUFFALO, NY 14202 - 33 - 18 PI fo Nl-: (Z 16) 95i -5 169 ® FAX: (710) 354 -4294 1 -mail: rTrkc:arnsCt?city- laiiff rlo.cc�rn May 7, 2008 Gerald Chwalinski, City Clerk 1308 City Hall Buffalo, NY 14202 1 CHAIRMAN FINANCE WA TERFRONT DLVLLOPMFNI COMMITTEES BUI)GET BFJRA CIVIL SERVIC:L CLAIMS RULES SENIOR_ LEGISLATIVE ASSISTANT MARI[iA -ANN MURPHY RE. Letter from Council Member learns to the Chairperson of the Buffalo Water Board Dear Mr. Chwalinski, Ple,w3e tile the attached documents for the upcoming COMMO'l C:nuncii Sessio= to be hold on May 13, 2008. Thank you in advance for your assistance in this matter. Sincerely, Michael P. Kearns South District Council Member S 11 FOr the P eople", I . � f`; i)F'�`li r ZlJ Ic.3iPti.ii.c i,T;7 1,)]:iiali.7 w.1)i, ii. 1`:;y:?_- i".':. `. i+..t.r NY" ; 42"t)2 ? 113 May 7, 2008 Oluwole A. j4cFov Buffalo Water Board 502 City Hall Buffalo, New York 14202 Mr. Mcl"oy: i. i;ii. ;: i.,1 �� Lr1i!b i:a R01- S,:i`Ij LFc, ;si- . . ,, ,uvk ASL& iAiV I. As discussed in a meeting with Charles Matorana on 05/01/08, 1 am writing to inform you that the Common Council harbors concerns regarding the First .Arnendrnerrt ( "Amendr iertt Agreement ") to the Management Agreement between the Buffalo Wader Board and American Water Services Operations & 1vlaintenance, 1pe, ( "AWS ") that was approved at the 01/09/08 meeting of l- BIM -1to Watv Board, In particular, the Common Councii seeps additional information. in regards to Oic.. prtwisions of Paragraph 3 of the Amendment Agreement, Paragraph 7 of the Arnendlnc °rit - Abrecinent, Paragraph 1 I (c) of the Amendment Agrcement and Paragraph 12 of the Amendment Agreement. Pursuant to Paragraph ; of the Atnendlnent Agreement, Section 2.7(d) would be deleted in its cntirety from the Management Agreement and replaced with language stating that, amongst other thing s, "AWS shall not be rednired to spend more than One Hundred 'I'we;nty 'Chousand dollars ($120,000) for the purchase or lease of Vehicles in any Contract Yeas." "1'lle Common Council reclucsts clarif ication iii regards to: Why would a $120,000 "ceiling" he set, but no `floor," for the amount of money that AWS will spend for the purchase or lease of Vehicles per Contract Year? Pursuant to Paragraph 7 of the Arnendrrlent Agreement, Section 6.37 would be added to Article 6 of the Manage,lnent agreement which states irr relevant part that "JAWS shall use reasonable clforts to hire and c3nploy one or more students residing in this City of fluffalo ... The total cost to AWS for all students hired pursuant to this section shall not exceed thirty tbonsand dollars ($30,000) per Contract Year. Student(s) shall be selected after consultation with and subject to the approval of the Representative." .. col Y`Irl` 5 ,vlil_i1C1 a M0.000 cciliII(I be :Set, [7 € -:t Iii "1joor fbr thc a, U!I'i 01 nnonc that AVVS will spe'_1d A er CoP,Iact �tiia to hl v stucicn'_(,�)? `vkho would the R eprescntativo be that Nvill be - responsible ( approv"i.n- how muc+ of the 530,000 will be spent. hOW .i-M191 y students) will be hired and which.. 5tlide lt(s) be hired by AWS per Contract Fear.' Would the City or the C'onimon Council be consulted when the Re;pn sentative mulcts decisions regarding the hiring of students? Section 6.3 S would also be added to Article 6 of the Management Agreement pursuant to Paragraph 7 of the Anicndmeit Agrv�met3t. This section states ill relevant part that a n addition to AWS staffing requirerricnts ... AWS shall hire a full -time: employee or retain a full -tirne independent contractor who shall be assigned to assist with the managerrient of the system." The Common Council rcqu.ests clarification in regards to: * Why would it be; necessary for AWS to hire a full tinic employee or retain a full - time independent contractor to assist with the rnanageonent of the Buffalo Water System? * Apart from "assistling] with th e nianagernent of the system" what would the specific responsibilities of this full- time employee or independent contractor be? Section 6.39 would additionally be added to :Article 6 of the ivfanagome.nt Agreement pursuant to Paragraph 7 of the Amendment Agreement. This section states in relevant part that "AWS Shall provide financial support to one or more community benefit programs in the City of Buffalo at an aggregate cost to AWS not to exceed thirty thousand dollars ($30,000) ... which may include supporting community youth group programs, directly or indirectly providing one -year college scholarships to youths residing in the City of Buffalo or providing schools and /or neighborhood associations ill the City of Buffalo with financial support for neighborhood improvement projects." The Coinn Council desires clarification in regards to: Why would a $30,000 "ceiling" be set, but no "floor," for the amount of money that AWS will provide each Contract Year to one or more coininunity benefit programs? ® Who would be responsible for deciding how much of the $30,000 set aside will be spent, how many community benefit programs will be fundQd and which community benefit programs will be funded by AWS per Contract Year? ID Would the City or the Common Council be constritc'd when decisions are made regardim Iunding of coniniunity benefit programs? I'ara.graph 11(c) of the Amendment Agrc€:rnent states that "Within 30 days of the effective date of this Anwridme;nt, AWS will corrimcnce consultation with the Water Board and Sewer Authority to indentify procedures and guidelines which address the t 200f' _�i is iy a;'i�t'��. : C:i i V ; . The Cornmuii C. i.i &I clarification in rcg s to: ® her did the Witer Board filod this aridi£ tiVith the City Clerk for r;vicv by ,, , ; t,.e. C.oir�nson C.oi.,ncii . Para -raph 12 of the Amelidment Agreement states that "AWS shell develop and recommend to the Water Board and Sewer Authority suggested revisions to the procedures for collection so as to charge interest to del inclrrent ' customer accounts in accord�.arice with Water Board rcg!ilations and Sewer Board SchedulF „- of sewer rents. AWS shall recommend a plan to upgrade its Oasis Billing System in order to undertalce any revisions to procedures suggested pursuant to this paragraph.” The Common Council desires clarification in regards to: Why, when a Public Hearing was recently conducted by the Common Council in which a large number of residents voiced complaints in regards to the calculation of arrearages on their water bibs, would Paragrapli 12 be included in the Amendment Agrcemont when it appears to confirm that pro'nlenis exist with the application of interest on water bill arrearao cs? The Common Council appreciates your immediate, attention m this matter. Please feel. free to contact nm at 851 -5161 if you have any questions in regard to this request. ;sincerely, Michael P. Kcarns South District Common Council. Member CC: Charles Matorana, l sq. ftemi J. Stcpniak, Acting Commissioner James Ca.rnpolong F.nc. �,.'�'✓��rx;�! �_v ,r��. s�.� '•a�.� i �z:, �1��,'�?.1! C..'Lll o: C "r1/104 =J °;r {'t Ilia.: 1_ oualy{, 2 00 I -T . 'x'Lra l i DIVISION: Commissioner's Office S UBJECT: Buffalo Water Board Contract with American eater Services Operation and Maintenance Inc. PRIOR COUNCIL REFERENCE: (I AMY) [: I-;X. Item Islo. xxx, C.C..P. xx /xx /xx - FEXT: (TYPE SINGLE SPACE BELOW) Attached please find the First fImenclnlent to the Management Agreement between the Buffalo Water Board and American Water Services Operations and Maintenance, Inc:. (AWS), for the operation of the water system. At their meeting of January 9, 2008, the Buffalo Water Board . approved an arnendn to the current management contract, which included a 2 -year extension for the purpose of maintaining tine uninterrupted and professional nranagernerlt of the.Systerrr until a new professional manager is in place,.The ` rrrend>rncrgt does not involve any major pew_.._.. programs or reordering of priorities. It of the ex contract for the iur u crf ro�iciing gIfficient ti ne,for -Lhe 13grlr_d to_cornplet� a thorori�h R> = (�/RF1'��occss to —_fir cl _ mauagcr. A proper RFQ /RFP process will ensure that a qualified contractor is selected and that the Board achieves the greatesj j ossible value for i c - ,Furthermore, the 2 -year process will allow the transition to take place within a stable environment and reduce the risk of disrupting operations and or cash flow activities. In s>urnarnary the Arnerrdmunt includes the following itenas: The existing contract terms and conditions (except as noted below) will be extc;ndcd for 2 years cornmencing July 1, 2000 and terminating on June 30, 2010. AWS will continue to make annual vehicle investments in the same arnortrrt as agreed during; tho first 5 years of the contract. ! AWS will reduce its annual management fee by $280,000 and by $290,000 in the first and second years of the 2 -year extension. ® 3 systems. These u p grades wades will allow the Board � Tire Board is currently upgrading it pun�)pirr� y. 1 � � to provide water Service to its customers more efficiently and ultimately save hundreds of i thousands of dollars in reduced t;lectric,ity costs. Under the, current contract AWS would derive most of the bencfit from these anticipated cost reduction. Tfic amendment fixes AWS's annual cost: for (rower at $2,440,197 cluing the 2 -year extension. This will allow the Board to benefit. from the savings that result from their capital Mvestnnents. AWS has agreed to upgrade its customer service area to provide increased privacy for �[ custorners rnalcing special paymcw arrangernmils. 1 ;I l t t:. _CF i5orltit?t c!lC t` Irk <I�I i7J one i "l 11 S t - r ['.? l > i fl`., ; " ' Io." for ciil ltl?1i_ial alvl 'uoi . Clot d 7vti,i)�itt i �alOCLiI,T't tl�i. 1'S +<�a1 (' �i fll a � [ ; - actor M I ,` ,ist ! l t�lL 7 L ^�7 �.i�i /lfltlLSl6 '11_.e. e. L �VFI'_ ,�ti�y z:1��iaiL. �� €dc s I:Tlci[��1gi;i7lC�llt 0l Ilia. �3�.�ii.�ll, �-- <<�_'O /S will pravid� �r IMIal lirianciol support up to ` 30,000 dtirinu; fie 2 -yCar e:�[�;r io.i foi' � yoLtdi prograrrls, sc. ships, or rlog21)borhood iliiPI:0VcIIIIIt prof d" . AWS will irnplenicnt in tprov(:d pay neni- v erification processes. AWS has agreed to worts cooperatively with the City, BSA, Division of Mater, and Audit � Department to identify improvellic"Is to the issues raised in the recently released NYS Comptroller Audit of the BSA. This may include enhanced procedures, segregation of duties, � adjusbiient guidelines and additional inforrnatioziffi porting to the Board and other City % Agencies. AWS will make reVisions /irnprovenjcnt to the Billing System up to 10, 0[} "s necessary. Under the terms of the Oper ation .Agreement between the City of Buffalo and the Buffalo Water Board as amended August 1, 1997, the Board is requesting, authorization to enter into the First Arriondmo it to the Management Agreement between the Buffalo Water Board and AWS for the continued operation. of the water system until June 30, 2010. TYPE DETARTMFJNT HEAD NAME,: Steven J. Stepriiak TYPE TIT1,173: Acting Conimis sioner of Public Wor Strcct'�" SIGNATURE OF DEPARTMENT HEAD: _T _ O j If T HIS FIRSTAIMENDMENT TO MANAGEMCN`I A� REE MEN f (the; " Amendment "), made and entered into by and between the B uffalD W ator Board, a body corporate and politic, constituting a corporate raaunicipal instrumentality and public benefit corporation of the, State of New Fork (the "Water Board") with offices at 502 City Hall, Buffalo, New York 14202 and Americana Water Operations and Maintenance, Inc., a Texas corporation formerly known as American Water Services Operations ramd MaIntevaa$ce, Ine., with offices at 281 Exchange Street, Buffalo, New York 14204 ( "AWS "). M'ITl SSETH: WHEREAS, the Water Board'and AW,S entered into a Management Agreement dated as of July 1, 2003 (hereinafter the "Management Agreement ") for the management of the operations, maintenance, repair and improvement of the Water Board's water system located in and about the City of Buffalo (the "System "); and Wf; EA AS, the Terrn of the Management Agrcc ent expires on July 1, 2008; and WHEREAS, the Water Board has authorized the preparation and issuance of a Request for Proposals to engage a professional manager to manage the System upora the expiration of tho Management Agreement; and WHEREAS, the bequest for Proposals selection process and transition to a new professional manager is projected to continue into 2010 and the Water Board requires assurance of uninterrupted and stable management of the Systczn until tbe, Water Board enters into a new managernent agreement with a professional manager of the System; and WHEREAS, the Water Board and AWS have reached agreement as to extension of the Term, the Management and Operation Fee and related terms to facilitate such transition and to assure professional managoment of the System during such transition period. NOW T EREF0111{,, in consideratioaa of the mutual a.grocineats hercin con aincd, and subject to the terms and conditions herein stated, the Parties hereto agree as follows: )_. Capitalized words or tcrn;s used bul not dc;fiaaed herein shall have, the meanings as given them in the A /Tanagenaent Agreement. J. J-ri ArFick, 2 o tjl, 2. &. . -d f i l s _ n(C .�.,3 T orn ? l. Il ?I Ag1.,. .. Alf: , is ✓,£, ), ��(i Ll — C }:3 t1� .l / -•.li \J' A..M. on July 1, 2003 (Clic ``` °�'orarrlurlc.,rar_� rat Date "). Tho Terre of this Agreement shall begin on the Commencement bate and shall continue for a period of seven (7) years, terminating at 11:59 P.M. on Juno 30, 2410, unless s ooncr terminated as provided under Article 8 herein. 3. In Article 2 of the Management Agreement, section 2.7(d) is deleted in its entirety and veplaced with the following: (d) AWS shall negotiate purchase; or leases of Vehicles with other Persons and such purchase order or lease agreement shall be subject to the approval or the Representative on behalf of the dater Board. In acquiring Vehicles for the operation of the System, AWS may purchase Vehicles through the State - purchasing prograrn. AWS shall not be required to spend more; than One Hundred Twenty Thousand dollars ($1.24,000) for the purchase; or lease of Vehicles in any Contract Year. During the Terra of this Agreen - lent, AWS shall spend a rninin,una aggregate Oft Two Million Two l lundi ed Forty -Five Thousand Six Hundred dollars ($2,245,600) on Vehicle repair, n7ainteriance and replacement, of which a rninimunn of Eight Handred Forty Thousand dollars ($840,000) shall be spent on Vehicle replacement. If the actual aggregate spent by AWS on Vehicle repair, maintenance and rephicemer -t is less than $2,245,600 during the Torn of this Agreement, AWS shall refund the difference to the Water Board. fn tho event of early termination, such artiount shall be prorated for purposes of calculating the rcRuld due to the Water Board. 4. The Parties acknowledge and agree that the Management and Operations Fe for Contract Year 5, calculated in accordance with the formula set forth in Exhibit D to the, Management Agreement, is an amount equal to $6,605,613.83. In Exhibit D of the Management Agreement, acid the following new language after line item for "Contract Year 5 ": Contract Ycar 6 Contract Year 5 fee, adjusted in accordance with section 6.27, nairras $284,000. Contract Year 7 Contract Year 6 fee, plus $280,000, adjusted in accordance with section 6.27, minus $290,000. 8111g704.8 J , in ! _. t1c l 6 o LtIS' I�/s %!1 ? %3' f1.!31 L ,' sr_ 7`; () Elecl,t icity Cost Ac�jul,'MicnL`, During Contract W" �� I tflxo'.l ll C t'ii.'= ct %:_l:i , .0 i I ill[ti pay tC):l t[ii ('l iS C) electricity in each Y(�;ar based on tho actual "blonded price;" for electricity of $0.0637/kWh in the base, year of January 1, 2002 to Decernber 31, 2002 (the " rl -ase Ye r Mended Price"). A "utilization factor" of 993 Mh /mg shall be defined as the total annual System electrical usage, in kilowatt hours, divided by the total annual production of wator, in million gallons. AWS shall be responsible for paying all electrical costs in excess of the rrtiliza -tion factor, regardless of the, current year's 'Vended price" for electricity, in any given Contract Year when the utilization factor is exceeded. The Parties shall reconcile the actual electricity costs for the preceding calendar year (for the preceding six months in Contract Year One) in accordance with the examples attached hereto as Eh ibit D -1 . AWS shall submit supporting documentation to the Representative at the end of each calendar year. Within sixty (60) days of receipt of such supporting documentation from AWS, the Representative shall advise .AWS of its determination as to approval of suet supporting docurnontati Notwithstanding the foregoing, during Contract Year 6 and Contract Year 7, AWS shall be responsible; for electricity costs up to an amount equal to two million four hundred forty thousand, one hundred ninety -seven dollars (912,440,197) (the "Electricity Cap ") per Contract Fear. To the extent that such electricity costs exceed the Electricity Cal) in Contract Year 6 or Contract Year 7, the Water Hoard shall be responsible for payment of such electricity costs in excess of the Electricity Cap and shall directly pay such costs. To the extent that electricity costs in Contract Year 6 or Contract Year 7 arc less than the Electricity Cap, AWS shall pay or credit the, Water Board 1001% of the arnount by which such electricity costs are less than the Electricity Cal) for Contract Year 6 and Contract Year 7, respectively. 6. lr Article; 6 of the Managem(mt Agreement, acid the following, new sectioi:z 6.25(d) at the end. of section 6.25: (d) Not later than June 30, 2005, AWS shall develop and deliver to the, Representative a plan to improve: customer service progranig including, but not limited to, establishing and maintaining a private area at the AWS Exchaaugc Street office, F.48704 -8 3 J .)l.,iJ4v"A to 1")n" a19 .'u, n-tM Fr v`_.,.,.• ._tip., ie!""vC,_',tI c-I'sloi 1crs ,)1d staff wiflh 1t s'i c.it to ac 7 I.i1ts tl in ar Gist o ei '�r�;i( �lll' f C� it { :;; 'il(;N� l ±.i pa YE°ent` I , f:... -� LGS., �4��.�t G15t;�7.iI1UCt i'O.t:rk SFI'i[%5., AWS F3.Git i`:�t,�..��,[]v[?1 .Sldctl custa]lfwr servicc' progr %?iii w1Liiin thruo 7?ionth: aft '.q- IproYval Of Lhc p1aa: irJ tl.t, IR. ep soii!.ati v c. 7. in Article 6 of the Manag,7eine tit l�grc eincn +,, add the following new se ctionS at the end of Article 6: 6,37 AWS shall use reasonable cfforts to hire and cinploy ont. or more students residing in the City of Buffalo during Contract Year 6 and, Contrast Year 7. AWS shall also provide; Such students with on-the-job training in r0anagement of the Systcni, The total cost to AWS for all students hired pursuant to this section shall not exceed thirty thousand dollars ($30,000) per Contract Year. Student(s) shall he selected after consultation with and subject to the approval of the Representativo. 6.38 In addition to the AWS staffing requirements sct forth in Exhibit C, Section A., paragraph 3, during; Contract Year 6 and Contract Year 7 ACV'S shall hire a full-tiinc eiaployce or retain a full -time independent contractor who shall be assigned to assist with the management of the Syste n. 6.39 ACTS shall provide financial support to one or more community benefit programs in the City of Buffalo at an aggregate cost to AWS not to exceed thirty thousand dollars ($30,000) per Contract Year during Contract Year 6 and Contract Year 7 which inay include supporting community youth group programs, directly or indirectly providing one college scholarships to youths residing; in the City of Buffalo or providing schools and /or neighborhood associations in the City of Buffalo with financial support for neighborhood ii provcinent projects. S. hi Article 7 of the Management Agreement, add the following new section 7.9 at the, end of Article 7: 7.9 Not later than .Tune 30, 20 AWS shall develop and iinpicnicnt a payment verification system that allows Water Division employees to verify customer payments durMg busirless and noii business hours. C 4A iii i 1 ti 7 ��i•_Jil;i cl, _ _t Ii,� liix Gib - lis �.�.. ? j - t.E -4 _ _ ��3�.- [jf (�_, Y) A WS -� 1 a •..t t he Z1 f r Bo a' , )d 3i�:��'`L'.i AU ' 1.')1 -2" ' oil � A WS l - a.11 �1GGj�cr� � �Yiifl txi�, ��`i dt"Idorn3 clit C�1 SL'a;� i Stti,( rcvisio to procedL rez, l:or billing ad ' s E ilt's ca, s'd fort` .r �._ "rfI i F, 'd�.. Jt 7 ...i ��=d ri;� orti . ui rc.:�i�����s �i l iz1 �, p=1 �c r 1 �- oiec1 an n th an, aflows t(ansac ions to bo vic d liy tho {21.ty �tils. - 10.11 Di �IY r, s vc i Authority, and City Audit Bepartlncnts when required, and will include procedlir for notation on a customer's account of the reason for any billing adJustinent, and procedures that will limit the ability to affect adjustments to customer accounts. These; recommendations will tape into consideration existing staffing levels of City el ployces available to AWS and U itatious of the Oasis Billing System. z) AWS sb.all con tinue to maintain a segrcgation of duties within the cash collection process to the extent reasonably practicably; given availability of staffing levels of City employees. Staff' receiving cash payments shall be identified within the billing system as "Tellers ". aa) AWS shall develop arid recommend to tho Water Board and Sewer Authority suggested revisions to procedares to restrict access to the billing system to Authorized users by as'sigixm nt of user privileges based on the needs of a specific job function of the staff member and in accordance with the titles and duties as defined within the Collective Bargaining Agree i ent. These reconamendations shall be subject to and take into consideration the availability of suitable staffing levels of City einploye:es and the limitations of the Oasis Billing System, 10. In }exhibit `C' of tho Management Agrecn3ent, add the; following new sections at the egad of Article `B' `Reporting Requirements': r) Ii formation can the type and the value of billing adjustments made during the previous calendar inonth shall be included in the monthly operations report to the Water Board. AWS shall develop and reconnnend to the Wator Board and Scw(s1- Authority, revisions to this billing and collection process with a goal of reducing the number of future adjustments. These recommendations shall take into Consideration limitations of the Oasis Billing System and the availability of suitable staffing levels of City employees. s) Information on metered accounts that are. subject to three consecutivc estimatod readings shall be included in the Mouthly Operations Report to the Water - Board. AWS shall develop and reco=el�d to the Water Board and Sewer Authority, revisions to the billing and collection process with a goal of reducing the number of future occurrences of three, consecutive estimated readings. Thesc recornmei,datioiis shall take into consideration limitations of th.e; Oasis Billing System and the availability of suitable staffing levels of City crllployees. 8�ift7C)4.8 c !I - °S;C,i.?�i'�J )" 9f Y��: �! ll ii - , NnS , i; 1� f€ )C', P. rlirrl�� f�"1;�( �r r, L?r i c !(' � c _`� �._, _ . � ��?, _ _ _ ! � 33 rr ff11 I 5 cl, to Lh., - at i s c) -( �� ;r 16J� ,- t . - ' " . "' ,i l L'2�LJ�ti,.0 i• to G:,i�iv �. 7 � v>✓�11 �i G�u . ; ✓l..� -0 ' 1, J I l -. a) AWS shall nc -A be lri bib, R)c tit_ c Qi Luny duLz s o' �rni.%iit l puLs•? �nt t o, J r: il. 12 C.i Lliss A'_ :r l.11 tltc C,Vf�_;i. said is thQ result of or due in siu i d parL to ti o Doavailabllily C. ' a '.:ll af� -- staffing levels of City employees. AWS shall use its best ~.-fjrorts to bring to the ationLion of the Watcr Hoard thoso contractual provisions the perforrxance of which are imperiled by a lack of adequate staffing levels. b) In the event that implementation of the recornrxaendations contenrplated by Sections 9, 10, 11(c) and 12 of this Amendment require modification to the Oasis Billing System, AWS shall he rc sponsible for payment of costs of such implernexitation up to a limit of $10,000. Any modifications costing, in excess of $10,000 shall he presented to the Water .Board for approval. Upon such approval, the Water. Board shall be solely responsible for the payment of such costs and expenscs in excess of the $10,000 paid by AWS as aforesaid. c) W ithin 30 days of the effective date of this Amendment, AWS will coirxmenec coMaill-al -ion with the Water Board and Sewer Authority to iclentify procedures and guidelines which address the issues raised in. the audit of the New Fork State; Office of State Comptroller dated November 2007. Within 30 days after conipletion of the aforcrxr.cirtioned consultation AWS will submit to the eater Board and Sewer Authority any and all recommendations jointly developed pursuant to paragraphs 9, 10, and 12 of this Arxrcndment. Each rceoninrendation shall include a specific timetable for implementation and shall include identification of whatsoever interinediaa y waypoints as are necessary to communicate to the Water Board and Sewer Authority, the substance of the recommendations and the timetable for their implementation. The recommendations will not be implemented until jointly approved by the Water Board and Sewer A.uthot. 12. AWS shall develop and recorninend to tlxc Water Board and Sewer Authority suggested revisions to the procedures for collection so as to charge interest to delinquent custorner accounts in accordance with 'Water Board regulations and Sewer Authority schedule of sewer rents. AWS shall recommend a plan to upgrade its Oasis Billing; System in order to undertake any revisions to procedures suggested pursuant to this paragraph. 11 Except as otherwise provided herein, all terms and provisions of the Manage, lent Agreement shall remain unchanged, in full force and effect and are hereby confirmed by the Parities. 14. This Anxendment may be exccuted in counteilmrts, and each counterpart of this AnxeFxdment will be effective as to each Party that executos the same whether or not all of such Parties uxe:t;ute the sarne counterpart. If counterpails of this Aniendmer.t are executed, the SM70 ;.f, _ 6-- �c c, 0 1 0 3 1 1 C I ts o hl.�r W , 'fl co ustiiOU" of dv b � 10, --'v�nd 1( il, nip os c Ls, A 1 - ar s t g, , I vi 1.1 be coo—dcrcd angi. 1 N TF, SS V/ I I E R F 0A the PaTJJ'f, ha v cx1ccutcul this i\i as c, f [lic - -) y ihc - 1 1 - d ilil -al F ; 7. ,- 03 " - , c j C) i BUFFALO WATER BOA BY: Name: Oluwolc A. McFoy Title: Chairperson , AMERICAN WATER OPER-ATIONS AND F)IIAINTENANCE, INC. Bv: Name: Mark F. Strauss Title: Presidont 9,IS704.9 •U 5 N. s> > l -' 0 � , ?ter L 011. the T day of _ - -__ - _ In tiic yc ar 20 x _t'or ync, the tl+ dcrs gilc(3, a T101 'y iiCJ ] --d {' r c c, t' , 1L i:.�l.,.ly a� pe"."nf d ��( ^l�( F. ` i !- atls�` f:l ral�y 1�i1owl t" l2f: i 3 ' c in F iI U`ltC '� TS(3 i �� � � proved to noe on thl basis of satisfactory evidence to tic tic individual whose nano is subscri d to the within instrument and acknowledged to we that he /she, executed the sarnu in his /hor capacity, and that by his /her signature on the instrunncat, the individual or the porson upon behalf of which the individual acted, exccated the instrument. :Notary Public ) sse COUNTY OF ERIE On the day of _ in the year 2008, before me, the undersigned, a notary public in and f said state,, personally appeared Oluwole A. McFoy, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed I o the within instrument and acknowledged to nee that he /she executcd the same ire his /her capacity, and that by his /l on the instrument, the individual or the person Capon behalf of which the individual acted, executed the instrument. Notary Public :,48704.8 r tfi MIC HAEL P. KEARNS PRESIDENT VRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 01Y HALL BUFFALO, NY 14202 -3:318 PHONE: (716) 851 -;I {i9 4 VAX; (716) 851 -4294 E-mail: mk(lalllS@(:ity- f)Llffalo -uOrII CHAIRMAN FINANCE WATI:RFRONr r)(iVFLOPMENi COMMITTEES 13ui)(;I:I BURR CIVIL SFRVICE CI.AIMS MULES May 13, 2008 Oluwole A. McFoy Buffalo Water Board 502 City Hall Buffalo, New York 14202 SENIOR LEGISLATIVE AS5FSTANr MARTIIA-ANN MUNIFIY Re: Common Council approval of the Amendment Agreement between the Buffalo Water Board and American Water Services Operations & Maintenance, Inc. Mr. McFoy: The Buffalo Common Council has been asked to approve; an amendment that, among other things, would extend the Management Agreement between .AWS and the Buffalo Water Board for an Additional two years. As you are awa�-e, the current Marl.agement Agi•eernent is set w expire on July 1, 2048. Many have expressed serious concern regarding the way in which the Buffalo Water System is currently being managed. Numerous ratepayers Have contacted Members of the Common Council to urge us to withhold our approval of this Amendment Agreement, or alternatively, to extend the Management Agreement for a shorter duration than the two years presently stipulated. Common Council Members are advocates of the residents of the City of Buffalo and have a duty to address these concerns and protect the interests of City residents. To this end, the Common Council respectfully requests that the Buffalo Water Hoard commit to enacting two initiatives in conjunction with Common Council approval of the Water System Operating Agreement extensioll: I . Implementation of a Ratepayer Bill of Rights similar to the enclosure attached hereto 2. insertion of a new paragraph in the Amendment Agreement that reaffirms the requirement that the water service provider, American Water Services, track, monitor and report monthly, all customer service complaints. The existing Management Agreement in Appendix C ",, Section B, Paragraph 1, farts n and p, already mandates submission of "[clomplaints received and how they were addressed" and "jc]ustomer service issues and discussion of pcl•formance against established nneasurements" as part of the Buffalo Water System Monthly Operation's Report for Water Quality Issues, however this information has not appeared as stipulated in Management Agreement. 'ate , "Tor th People" A 1) P i r % j J r These actions will hopefully allay many of the concerns of those who oppose extension of the Management Agreement and increase public confidence in both the Buffalo Water Board and the current management of the Buffalo Water System. On behalf ofthe Members of the Common Council, we thank you for your continuing; attention to this matter. Please feel free to contact me at 851 -5161 if you have any questions regarding; the above. Sincerely, �zz — - Tv'4.ichacl P. Kearns South. District Common Council Member CC: Charles Martorana, Esq. Steven J. Stepniak, Acting Commissioner James Campolong 1',nc. :t I Water Ratepayer Bil l City of Buffalo, of 'Rights NY Basic Entitlements Ratepayers skull be furnished with a copy of this Water Ratepayer Bill of Rights, at no charge, once annually between the months of .January and March. Ratepayers with accounts in good standing shall be provided with clean, potable drinking water. Ratepayers shall be treated fairly and with respect by the water service provider. Regulations, Policies Pro rams & Protections Ratepayers shall be afforded access to applicable regulations and policies pertaining to obtaining water service in the City of Buffalo, as well as a summary of special protections and programs that may be available to help the elderly, blind, disabled, those on Supplemental Social Security Income or additional state payments, or that otherwise may allow ratepayers to lower their water bill. '['his information may be obtained by accessing the City of Braffalo honrepage at h1tp://rvu�tiv .city- liufcrlt).corrl, from the 13usiness Office of the water service provider and telephonically or by mail at the locations stated herein, whereupon . a copy will be mailed to the ratepayer within five (5) business days. Customer Service Ratepayers shall be afforded an opportunity to speak with the water service provider telephonically or by visiting the business office of the water service provider and should be prepared to reference their water service account number. Ratepayers may contact a customer service representative to request detailed information regarding the status of their account, an explanation of any water service bill or notice that they have received, or to provide notification to the water service provider that they would like to dispute all or part of their bill. Emereencies b. All water service related emergencies should be reported to the water service provider by telephone 7 -days a week, 24 -hours a day at 716 -851 -4747. Business Locations Hours of Operation & Contact information 7. Ratepayers may contact a representative of the water service provider to discuss their accounts) from Monday through Friday between the hours of 8:30am to 4:1.5pm, except on Holidays, at the Billing Office located at 281 Exchange Street, Buffalo, New York 14204, or by telephone at 716- 547 -1065. Billing Procedures and Account Adjustments 8. Ratepayers shall be mailed a copy of their monthly (metered accounts) or quarterly ('flat -rate accounts) water bill for the current billing period listing the period of usage, the amount of water used, the date payment is due, the total amount due, any additional charges, fees or adjustments included in their total bill and for metered accounts, the date of the next scheduled meter reading. The billing shall also provide notice of when their water bill will become past due, when their account will begin to inc €u• additional charges, fees, surcharges, taxes or penalties, and when water service will be scheduled for shut -off due to non - payment including the date on which shut -off is scheduled to occur, the minimum payment to avoid shut -off and th.e date by which such payment 111ust be received. Any "Shut -Off Notice" must also inform you that if you heat your ]ionic with water or steam, that your water service will not be shut -off for non - payment during the winter months which are classified as November I" through April 15'x' Notice to Third -Par Designees 9. Ratepayers may designate a third party to receive duplicate copies of all bills and notices associated with their account(s) by providing; written notice and authorization to the water service provider, at the locations stated herein. Valid third party designations must in writing and signed by the ratepayer, and must include the nanne, address and telephone number of the third -party designee. Third party designations shrill become effective as of the next scheduled billing period. Lost Bills and Notices 10. Ratepayers may request a duplicate copy of any current water bill or notice, associated with their account(s) free of charge, at the locations stated herein. Telephone and mail requests will be responded to within five (5) business days of receipt by the water service provider. Discontinuation of Service 11. Ratepayers may discontinue their water service and thereby deactivate their water service account by providing valid notice to the water service provider, at the locations stated herein. Valid notice shall be evidenced by appearing in person with appropriate identification at the Business Office of the water service provider, or in writing by certified mail return receipt requested to include a notarized request to discontinue service together with a copy of the ratepayer's New York State Driver's License or Identification Card. Ratepayers who have made proper notice to discontinue their water service and deactivate their account, or who have had their water service shut -oft` due to Pon- payment, will continue to he obligated to pay any amounts in arrears as well as interest and penalties until their account is made current, but will not incur any other new charges to their water service account. Bill Pa 12 Payments .may be made by cash, check or money order in person at the Business Oi`fice of the water service provider or at the City of Buffalo Division of Treasury located at Rm. 117, City f fall, Buffalo, New York 14202, by mail to these locations using a check or money order. Alternatively, payment may be made electronically by credit card at the Ciry qf I3arffcdo website at him.-I -h irlo. or by phone at 716 -852 -0197, and by credit or debit card in person at the I:.;xchange Street location only. BillinE Disputes 13. Ratepayers may dispute any or all of the charges, fees, surcharges, adjustments, taxes or other items within thirty (30) days of their appearing on their water use billing at the locations stated herein. Any associated termiaration or turn -off of water service will be postponed pending resolution of the billing dispute. Ratepayers nonetheless, are obligated to pay all charges on their water use billing that are not in dispute. Pavment Plans 14. All ratepayers are obligated to pay their water use bill(s) in a timely fashion. Ilowever, in certain circumstances on a case -by -case basis, the Buffalo Water Board may approve a ratepayer's request to establish a payment plan to keep their account current. For additional information on Payment Plans, ratepayers are encouraged to contact the BusineSS Office of the water service provider. Proper identification 15. Ratepayers shall have right and are encouraged to request that any person purporting to be, a representative of the City or its water service provider furnish proper identification before being allowed to enter their property. Ratepayers may verify the atithenticity of such person(s) by contacting a customer service representative of the water service provider at 716- 851 -4747. BUFFALO WATER BOARD 65 Niagara Square e 602 City Hall Buffalo, New York 14202 -3306 Phone:: (716) 851 -4766 e Fax: (716) 851 -4772 May 9, 2008 The I-lonorable Michael P. Kearns Chairman, Finance Committee Buffalo Common Council 1401 City 1 -fall Buffalo, New York 14202 Re: Buffalo Water Board Dear Councilmember Kearns: Thant{ you for your letter dated May 7, 2008 relating to Common Council concerns in respect of the First Amendment to the Management Agreement between the Buff alo Water Board. and American Water Services Operation & Maintenance, Inc. I would be pleased to respond to the points raised in your letter and would comment accordingly: `Why would a $120,000 `ceiling' he set, but no floor' for the amount of money AWS will ,spend ' for the purchase or lease of Vehicles per Contract .Year? • "fhe original agreement stipulated that AWS was required to spend a minimum, of $600,000 on the purchase or lease of vehicles over the Cull term of the 5 -year agreement. It was specified that AWS would not be required to spend more than $120,000 in any Contract year. However at the end of the 5 -year period their total expenditure including purchase, lease, repair and maintenance must be at least $1,604,000 of which the purchase /lease element would equal a maximum of $600,000 (5 x 120,000). If for any reason the total sum of $1,604,000 was not spent then the contract stipulates that AWS must refund any shortfall to the Water 13oard. Within the contract amendment the above figures were pro -rated to reflect the additional 2- year contract period. This being the case the original $600,000 becomes $840,000 and the `minimum aggregate' moves from $1,604,000 to $2,245,600. Over the full 7 -year period of the contract AWS would be committed to a total of $2,245,600 in respect of this part of the contract. The honorable Michael P. Kearns, Chair May 9, 2008 Page 2 of 4 `Why mould a $30, 000 `ceiling' be set, but no floor', .for the amount of money that AWES' will ,spend per Contract Year to hire student(,)? • This item did not appear in the original contract and it is a voluntary inclusion from AWS to indicate their support of the local community they are operating within. AWS is committed, as stated by .Tim Campolong (AWS, Project Manager), at the Council Finance Committee meeting, to spend the money allocated in this area and the Representative will work cooperatively with AWS to maximize this initiative. Who would the Representative be that will be responsible for approving how much gl'the $30,000 will be spent, how many student(,) will be hired and which student(,) will he hired by AWS per contract year? • The CDMD1lSSioner of Public Works would be the `Representative' (per section 7.5 of Management Agreement). The intention is to try and spend the allotted sum of $30,000. AWS will spearhead the initiative, update the Water Board accordingly and seek assistance by including members from the community at large. It is not determined at this stage how marry students will be hired and it will be easier to address this when the process is underway. Would the City or Common Council be consulted when the Representative makes decisions regarding the hiring of students? • The Representative, on behalf of the Water Board, will work cooperatively with the Common Council and the City to develop a process to promote AWS' commitment to hire student(s) and to ensure the relevant job qualifications are satisfied. Why would it be necessary for AWS to hire a firll time employee or to retain a full -time independent contractor to assist with the management of the Buffalo Dater System? • Exhibit C (A3) of the Management Agreement stipulates that AWS will retain a minimum of 4 full -time employees; this position makes 5 in total. "The cost of this position is being met solely by AWS and represents added value for the Water Board. Furthermore, AWS has already engaged this individual and he is currently working on management of the water system. Apart ,front assisting with the management of the system', what would the spec fc responsibilities of this full -time employee or independent contractor be? • Ile is solely assisting; with the management of the system, specifically this relates to Quality Assurance and Quality Control to support the meeting of contractual goals. Why would a $30,000 `ceiling' be set, but no `floor', for the amount of money that AWS will spend per Contract Year to one or more community benefit programs? • This item did not appear in the original contract and it is a voluntary inclusion from AWS to indicate their support of the local community they are operating within. AWS is committed to attempt to spend the money allocated in this area and the Representative will work cooperatively with AWS to maximize this initiative. ,F 01 The Honorable Michael P. Kearns, Chair Ma 9, 2008 Page 3 of 4 Who would be responsible for deciding how much of the $30,000 set aside will be spent, how many community benefits programs will be funded and which community benefzi programs will be funded by AWE' per Contract Year? s AWS would welcome Agencies and Community leaders making them aware of the various programs that exist within their designated areas. Based on the level of response and the content they will then establish evaluation criteria and make their decisions accordingly. Would the City or Common Council be consulted when decisions are made regarding . funding q f community bene=fit programs? • AWS will seek input from the Common Council members in accordance with identifying the community programs currently in existence (per above bullet point). When did the Water Board file the audit with the City Clerk fr review by the Common Council? • The document was made public in Nov. 2007 and related to the Sewer Authority and not specifically the Water Board. it is my understanding the BSA has supplied a copy to the City Cleric. Why, when a .Public Hearing was recently conducted by the Common Council in Which a large number of residents voiced complaints in regard to the calculation of arrears on their water bills, would Paragraph 12 be included in the Amendment Agreement when it appears to confirm that problems exist with the application of interest on water bills? s Paragraph 12 was added to the First Amendment to address technical concerns presented by the November, 2007 State Comptroller's audit about flow interest charges were applied to invoices by the Oasis billing system on behalf of the Buffalo Sewer Authority. The regulations of the Buffalo Sewer Authority and the Buffalo Water Board require, in accordance with State law, that late charges be imposed in the same manner as late charges for delinquent real property taxes established by the City Charter. Paragraph 12 requires AWS to develop procedures to ensure the Oasis billing; system complies with this requirement. This is not a response to the statements presented at the public hearing. The Buffalo Municipal Water Finance Authority has recently approved the refinancing of approximately $63 million in revenue bonds, which is scheduled for sale next week. The Rating Agency (S &P) and Underwriters have expressed concern regarding the upcoming expiration of the Management Agreement and specifically, the lack of approval- for the agreement to be extended. This could result in a deterioration of our credit rating and an increased debt cost to the Water Board, which obviously we are keen to avoid. d The Honorable Michael P. Kearns, Chair May 9, 2003 Page 4 of 4 The Buffalo Water Board looks forward to workiaig cooperatively with the Buffalo Common Council and the administration in the future to fulfill its mission to the people of Buffalo. Accordingly, we respectfully request that the Common Council approve the First Alnendinent to the Management agreement at its May 13, 2008 Meeting. Thank you for your consideration. Very truly yours, BUFFALO WATER BOARD Oluwolc McFoy -'- - - Chairman Cc: The City Clerk The F-lonorable Byron W. Brown Commissioner Steven Stepniak Buffalo Water Board IfCtJA, =t P ..X"AR; 5 MIV.;AXA :: r1��3ii� n3icr�:;n ?lt:rt'r ��u�iaa.s:�1�2 C. C;l hy1? May 7, 2008 01tiwole A..McPoy Buffalo Water Board 502 City Ifall Buffalo, New York 14202 Mr. MCFoy: s i:,`•iloR L�tets��arhi� AAssj�s�r. +.rr� MART A -ANNI MIJKPi-ty As discussed in a meeting with Charles Matorana on 05/01/08, 1 am writing to inform you that the Common Council harbors concerns regarding the First Akmendrmen[ ( "Amendment Agreement ") to the Management Agreement between the Buffalo Water Board and American Water Services Operations & Maintenance, Inc. ( "AWS ") that was approved at the 01/09/08 meeting of the Buffalo Water Board. In particular, the Corrzmon Council seeks additional information in regards to the provisions of Paragraph :3 of the Amendment Agreement, Paragraph 7 of the Armcndmeni Agreement, Paragraph 11(c) of the Amendment Agreement and Paragraph 12 of the Amendment Agreement. Pursuant to Paragraph 3 of the Amendment Agreement, Section 2.7(d) would be deleted in its entirety from the Managernent Agreement and replaced with language stating that, amongst other things, "AWS shall not be required to spend more than One Hundred T' + Tl,r,[ z[ d Ir.Tl�rc ('020 ) fo. the nurchsis o r l edsfe of Vehicles i,1 a31V x l`v'iii�y 1 �av� +ucEC, Vtvltul. v x v ,. Contract Year." The Con1111011 Council requests clarification in regards to: Why would a $ 120,000 "ceiling" be set, but no "floor," for the amount of money that AWS will spend for the purchase or lease of Vehicles per Contract Year? Iursuant to Paragraph 7 of the Amendment Agreement, Section 6.37 would be added to Article 6 of the Management Agreement which states in relevant part that "AWS shall use reasonable efforts to hire and employ one or more students residing in the City of Buffi.lo ... The total cost to AWS for all students hired pursuant to this section shall not exceed thirty thousand dollars ($30,000) per Contract Year. Student(s) shall be selected after consultation with and subject to the approval of the Representative." r 1 d ®r the People` he Coiron Cou;)Ci� L a $30,000 ' St�t, -A bUt 110 - !1 r, "I hM, 0 L monc Aws will spCild per C Year to hir- student(s) tlj�j[ w hw ill be responsible for approving w Who would the ) eprescnta-L ve L � I - how tr a will be lair el and r,uch of tl�c $30,000 will be spent-, my student's) which studcrit(s) will be hired by AWS per Contract Ycar' Would the City or the Common Council be consulted when the Rcprt-sentative makes decisions regarding the hiring of students? Section 6.38 would also be added to Article 6 of the Management Agreement pursuant to A greement. ' Para 7 of the Amendment A, Th section states in releva, it part that "In addition to AWS staffing requirements ... AWS shall hire a full-time employee or retain a full -timc independent contractor who shall be assigned to assist with the management of the system." J' he Common Council requests clarification in regards to: * Why would it he necessary for AWS to hire a Cull time employee or retain a .full-time independent contractor to assist with the management of the Buffalo Water System? * Apart from "assist[ing] with the management of the system,' what would the specific responsibilities o f this full-time employee or independent contractor be? Section (x.39 would additionally be added to Artielc 6 of the Management Agreement pursuant to Paragraph 7 of the Amendment Agreement. This section states in relevant part that "AWS shall provide financial support to one or more community benefit programs in the City of Buffalo at an aggregate cost to AWS not to exceed thirty thousand dollus ($30,000) ... which may include supporting community Youth group programs, directly or indirectly providing one-year college scholarships to youths residing in the City of Buffalo or providing schools and/or neighborhood associations in the City of Buffalo with financial support for neighborhood improvement projects." The Common Council desires clarification in regards to: * Why would a $30,000 "ceiling" be set, but no "floor," for the amount of nioney that AWS will provide each Contract Year to one o . r more community benefit programs? ® Who would be responsible for deciding how much of the $30,000 set aside will be spent, how many community benefit programs will be funded and which community benefit programs will be funded by AWS per Contract Year? * Would the City or the Common Council be consulted when decisions are made regarding funding of community benefit programs? p,lyagraph I I (c) of the Ainendmcrit Agreement states that "Within 30 days of the effective date of this Amendment, AWS will cominerice consultation with the Water Board and Sewer Authority to indentify procedure and guidelines which address the _'tilt S) uitc ,l,aitj7 [ Fi t' d�itrll tiovcrnber 2 -007- 7 ' 1.h4 Conlr Ton C;c1� nci1 d Slr° 5 clari icat o z 111 r,' to. When slid the Water Boaird filed this audit with the Ci y Clcrk i nLvie:sv by the common Council? Paragraph 12 of the Amendment Agreennent statcs that "AWS shall develop and recommend to the Water Board and Sewer Authority suggested revisions to the procedures for collection so as to charge interest to delinquent customer accounts III accordance with Water Board regulations and Sc -vver Board Schedule of sewer rants. AWS shall recommend a plan to upgrade its Oasis Billing System in order to undertake any revisions to procedures suggested pursuant to this paragraph." The Common Council desires clarification in regards to ® Why, when a Public Hearing was recently conducted by the Common Council in which a large number of residents voiced comphlints in regards to the calculation of arrearages on their water bills, would Paragraph 12 be included in the Amendment Agreement when it appears to confirm that problems exist with the application Of interest on water Dill arrearages? The Common Council appreciates your immediate attention to this matter. Please fccl free to contact nre at 951- 5161 if you have any questions in regard to this request. Sincerely, Michael P. Kearns South District Common Council Member CC. Charles Matorana, Esq. Steven J. Stcpniak, Actin; Co.n inissioner James Campolong 1;110. �a I MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER Cis NIAL;"ARA SQUARE, 1401 CITY I TALL BUFFAi o, NY 14202 -3318 P1J0NL: (7I6) 951- .`iI69 o FAX, (71(:x) 851 - 4294 E -mad: mke�arnSC?1 <ify 4nlflato. <:c�rn MEMORANDUM TO: Gerald Chwalinsi FROM: Councilmemher Kearns DATE: May 7, 2008 C ouncil CHAIRMAN LINANCI WATERFRONT DWELOPME:NF COMMITTEES F9Ut3GF.l BURA CIVIL SI- RVICt- CLAIMS RuLEs SENioR LEGiSLATiVE ASSWANT MARL IIA -ANN MURK iY I / ,Ir-, 6/1,x/ //e--' P2(2C- A LL k -Ar e ;� RE: Law Department's Legal Opinion to Comptroller Re: Move Back to Buffalo Inentive Program and Roof Replacement I lomeowner/Neighborhood Investment Stabilization Program (South District) i would like to file the attached information for the next Common Council meeting to be held on May 1. 3, 2008. Thank you. u F TEE OW U, "For the fie ®p ®e" ( _k ,Q CITY OF i y DEPARTMENT OF LAW BROON W. BROWN MAYOR April 30, 2008 Jeanette Mongold, Deputy Comptroller City Comptroller's Office City Of Buffalo 1225 City Hall Buffalo, New York 14202 Re: Legal AnaIysis/Opinion Move Bach To Buffalo Incentive Program ALISA A. LUKASIBWICG CORPORATION COUNSEL DAVID RODRIGUEZ SENIOR DEPUTY CORPORATION COUNSEL -Roof Replacement Homeowner/ Neighborhood Investment Incentive Stabilization Program (South District) Dear Ms. Mongold: You've recently requested that the City of Buffalo Law .Department render a legal opinion as to the above referenced programs generally and as to the question of whether or not a transfer of funds by the City to The City of Buffalo Urban Renewal Agency C BURA') for purposes of funding either or both of the above referenced programs is a violation of the New York State Constitution's prohibition against gifts of public property (or funds) (Article VIII, Section 1 of the State Constitution). The City of Buffalo Law Department is of the firm opinion that neither the fund transfer by the City to BURA nor the BURA acceptance of funds and implementation of the two above referenced programs are violative of the State Constitutional prohibition against gifts of public property. Move Back To Buffalo HousiLig incentive Program The Move Back To Buffalo Housing Incentive Program is specifically designed as a necessary measure to facilitate and implement the City of Buffalo's legitimate interest and responsibility to promote City -wide residential neighborhood stabilization while at the same time incentivizing both new and current Buffalo Police Officers, Buffalo Firefighters and Buffalo Teachers to relocate/reside in the City of Buffalo. 65 NIAGARA SQUARE / 1100 CITY RAL1. / BUFFALO, NY 14202-3379 / (716) 851 -4343 1 FAX_ (716) 851 -4105 / www.city- buffalo.com The Move Back To Buffalo program, briefly described, is designed to incentivize the residential relocation of Police Officers, Firefighters and Teachers to the City of Buffalo through an incentive program aimed at making urban residential homeownership and City living a viable and attractive alternative to suburban Iiving for these individuals by recognizing and addressing the practical and financial challenges these individuals face in such a relocation. The Move Back To Buffalo program provides an incentive in the form of down payment assistance and or reimbursement of up to between $7,500 to $10,000 in the aggregate for relocation/moving/housing related expenses associated with a permanent relocation of Buffalo Police Officers, Buffalo Firefighters and Buffalo Teachers into City neighborhoods. The Move Back To Buffalo Program is based upon a clear program outline and is fairly and appropriately administered by BURR via a formalized and established uniform written application and sound follow -up documentation process. The commitment of individuals to stay in the City homes to which they relocate with program assistance is confirmed, monitored and enforced by way of a uniform five year Grant Enforcement Demand Note and Mortgage (the "Mortgage "). The Mortgage is recorded against the respective home in the Erie County Clerk's Office and in effect operates as a fail safe measure which would "claw- back" the monetary incentives in the event the relocated City resident fails to abide by program requirements that they actually reside in the home for at least five years. The City's Office of Strategic Planning and BURR staff have made findings to the effect that the positive influence of responsible homeownership that is fostered by the Move Back To Buffalo program and similar such programs further the legitimate municipal obligations, purpose and objectives of stabilizing neighborhoods, growing the tax base, increasing general homeowner /neighborhood confidence, act as a catalyst for further private investment in homeownership in the affected neighborhoods and in general provides a fulfillment of a primary and legitimate municipal purpose in proactively doing something public in character and necessary for the common good and general welfare of the people of the City of Buffalo. In the case of the Move Back To Buffalo program, the public benefit "of incentivizing highly trained Buffalo Police Officers, Firefighters and Teachers to permanently relocate to the City of Buffalo in this manner and under the guidelines and safeguards involved in this specific program is very clear. Any private benefit under the program is merely a byproduct of or otherwise merely incidental to the public benefit. Roof Replacement Homeowner/Neighborhood Investment Incentive^ Stabilization Program (South District) The Roof Replacement Homeowner/Neighborhood Investment Incentive Stabilization Program (South District) (the "Roof Program ") is specifically designed as a necessary measure to facilitate and implement the City of Buffalo's legitimate interest, responsibility and objective to promote residential neighborhood stabilization while at the same time incentivizing actual homeowner private investment in upgrading the City's i 4 precious but aging housing stock. Equally important is the fact that the replaced roofs will be safer for Buffalo Firefighters in the performance of their duties in the event that their firefighting services are called upon at homes where roofs have been replaced. The Roof Program is being started in the South District utilizing approximately $75,000 of funds originating from the City's general fund. The Roof Program will be administered though BURR and then possibly eventually expand into other districts of the City of Buffalo after a successful $75,000 start-up program has gotten off the ground in the South District. The Roof Program, more specifically but briefly described, is designed to incentivize, foster and ensure residential neighborhood stabilization by providing the impetus for roof tear -offs and roof replacements which are crucial to preserving the . City's precious but aging housing stock. The Roof Program plan is to assist up to 70 homeowners in the amount of up to $ 1,000. 00 each on a first come first serve basis to be applied on a reimbursement after the fact basis towards the cost of expensive roof tear offs/replacements as opposed to and distinguished from roof cover -ups. The City Office of Strategic Planning or BURR is expected receive an administrative fee of up to 5% to 10% of the $75,000 in Roof Program funding. The Roof Program, like the Move Back To Buffalo Program, is based upon a clear program outline and is to be fairly and appropriately administered via a formalized and established uniform written application and sound follow -up documentation process. The City's Office of Strategic Planning and BURR staff have made findings to the effect that roofing repair is a key component to preserving Buffalo's housing stock and that incentivizing homeowner investment in roofing repair as fostered under a program such as the Roof Program and similar with such programs will further promote realization of the City's legitimate municipal obligation, purpose and objectives of stabilizing neighborhoods, growing the tax base, increasing general homeowner /neighborhood confidence, act as a catalyst for further private investment in homeownership in the affected neighborhoods, and in general provide a fulfillment of a primary and legitimate municipal purpose and objective in proactively doing something public in character and necessary for the common good and general welfare of the people of the City of Buffalo. In the case of the Roof Program, the public benefit of incentivizing necessary measures to preserve the City's housing stock in the manner and under the guidelines and safeguards being established and involved in this specific program is very clear. Any private benefit under the program is merely a byproduct of or otherwise incidental to the public benefit. The above fact specific inquiry into each of the two individual programs addressed in this opinion and application of these facts, viewed in relation to the cited administrative findings and the City's legitimate purpose, goal and achievable objectives in residential neighborhood stabilization and preservation of the City's housing stock inescapably lead to the legal opinion and conclusion that City funding to BURA for implementation of the programs described in this opinion is not violative of the prohibition against gifts of public funds but instead are each legitimate effectuations of the City's municipal purpose, obligation and objective to stabilize residential neighborhoods for the common good and general welfare of the people of the City of Buffalo. Any private benefit under either program is merely a byproduct or otherwise incidental to the clear public purpose of each program. In summary, the Move Back To Buffalo Program and the Roof Program are programs of a type which are clearly and generally recognized in case law and New York State Attorney General opinions as appropriate methods of promoting legitimate municipal purposes and objectives sufficient to satisfy legal requirements and are not violations of the New York State Constitution's prohibition against the gift of public property (or funds). Very truly yours, Alisa A. LukasieWicz Corporation Counsel /ohnfV. on Assistant Corporation Counsel AAL:JVH/dml 00 S TO sffafo COW- Mon coultcif MICHAEL J. LoCURTO DELAWARE DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1405 CITY HALL BUFFALO, NY 14202-3318 PHONE: (716) 851 -5155 ♦ FAX: (716) 851 -455:1 E- mail: nilucurto(Mcity- buffalo.com May 6, 2008 Gerald Chwalinski, City Clerk 1302 City I loll Buffalo, New York 14202 COMMITTEES COMMUNITY DEVELOPMENT FINANCE CIVIE $LRVICL LEGISLATIVE ASSISTANTS EI_IIABET1I A. BURAKOWSKI WILLIAM B. LIC.ATA 4 : Partnership for the Public Good Statement on 2008 -2000 Budget Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held May 13, 2008. "Thank you in advance for your assistance in this matter. Sincerely, MICI IALI.., J. I,oCURTO Delaware District Councilmemher Working for Today - Planning for Tomorrow ? e S Partnership for the Public Good ' Please see the PPG statement on control boards for a more detailed analysis (ppg- buffalo,wikispaces.com). 2 Buffalo's city govenim.ent spends roughly $1536 per capita, substantially less than Syracuse ($1830) and Rochester ($2059). State aid to Buffalo rose less (21.5 %) from 2001 to 2006 than aid to Syracuse (29 %) or Rochester (29.5 %). See fiscal data assembled by James L. Magavern from State Comptroller reports, available at ht €p:Hppg- bufPalo.wiki spaces, com /Local +Government. Note his caveats as to quirks in the data. Statement on 2008 -2009 Budgets and Four -Year Plans PPG Steering Committee May 5, 2008 Introduction The Partnership for the Public Good (PPG) does research and advocacy for the Anthony Armstrong LISC Buffolo community -based revitalization of Buffalo. Endorsed by 38 local organizations, PPG's principles and its 2008 platform focus on problems such as poverty, inequality, Aaron Bartley PUSH Buffelo and pollution, on assets such as diversity, historic neighborhoods, and natural resources, and on. solutions that bring; greater accountability and democracy to local Allison Duwe Coalition f government. Based on those principles and platform, we offer the following EconomicJusttce comments, including calls for: Lou Jean Kleron Corfiolt University . Greater public input in the budget process; iLf? School • More funding for the targeted preservation, renovation, weatherizatlon, Nancy Freeland demolition, and deconstruction of Buffalo's abandoned and at -risk housing; VOICE Buffalo • A comprehensive approach to greening Buffalo; Rahvda Ghirrnatrion Ujima C • The centralizing and reform of City contracting procedures; and • The creation of an Office of New Buffalonians; Army Kedron Bulfaio First? • A living; wage policy for the Buffalo Public School District. Sam Wigavorn university of Buffalo Context Law School Due to forces largely out of its control, Buffalo has limited fiscal resources. Our state William O'Connell and federal governments have systematically disfavored cities, especially older Homeless Alliance, industrial cities. In discussing Buffalo's fiscal and economic problems, people often of tNiilY neglect these federal and state policies and mistakenly blame local governments and `7usan Swarts their employees. The imposition of the control board was surrounded by this type of Cornell University 1LR School j rhetoric. LIA The facts, however, tell a different story. , Fhe facts say that the state and federal governments have starved cities while encouraging wasteful sprawl — subsidizing roads, sewers, waterlines, schools, and business development farther and farther outsidc the city. The facts say that Buffalo's fiscal "crisis" was artificially induced by the state, which, after raising local aid regularly for decades to match increasing costs, abruptly froze aid from 2001 to 2004. The facts say that the number of city employees was cut by over 50% from 1972 to 2003. The facts say that Buffalo spends much less per capita on city government than Rochester or Syracuse, and that state aid to Rochester and Syracuse rose more in the last years than aid to Buffalo. ' Please see the PPG statement on control boards for a more detailed analysis (ppg- buffalo,wikispaces.com). 2 Buffalo's city govenim.ent spends roughly $1536 per capita, substantially less than Syracuse ($1830) and Rochester ($2059). State aid to Buffalo rose less (21.5 %) from 2001 to 2006 than aid to Syracuse (29 %) or Rochester (29.5 %). See fiscal data assembled by James L. Magavern from State Comptroller reports, available at ht €p:Hppg- bufPalo.wiki spaces, com /Local +Government. Note his caveats as to quirks in the data. 2 U Real Reform: a Needs -Based Formula for State Aid Buffalo does not need a control board: an un- elected, unaccountable, state - appointed body with the power to overrule our elected officials. What Buffalo needs from the state are real reforins that focus investment and development in established communities instead of the exurban fringe -- reforms that distribute the burdens and benefits of metropolitan life equally. Only if such reforms were made could Buffalo (and other upstate cities) possibly do business without large, and increasing, amounts of state aid. In the meantime, an important first step is to reform the current system of ad hoc, unpredictable, highly - politicized state aid, and replace it with a rational, needs -based formula that would allow Buffalo and other upstate cities to budget prudently and appropriately each year. Comments on the 2008 -2009 Budgets and Four Year Plans Public Input The public lacked meaningful input in the budget process, with only a few days separating the release of the budgets and the public hearing. PPG proposes that our local governments hold publics hearing before the budgets are drafted, and additional public hearings two weeks after the proposed budgets are released but well before they come before a vote. The Housing Abandonment Crisis PPG's 2008 Platform, endorsed by 38 different organizations, calls on the City to: Work with the university and non -profit communities to develop a Regional Real Property Intelligence Network and a strategic, block -by -block housing plan incorporating foreclosure and abandonment prevention, with specific goals for weatherization, green rehab, re -use, demolition, deconstruction, the creative re -use of vacant lots and incorporating job opportunities disadvantaged city residents, including youth. Buffalo faces a crisis of abandoned housing, caused mainly by population loss, poverty, and segregation, but exacerbated by predatory lending, partial foreclosures, fraudulent house hipping, and other exploitative practices. Unfortunately, this crisis feeds on itself: when one house on a block is abandoned, it attracts crime, depresses property values, and encourages other homeowners and investors to abandon their properties. Each abandoned property causes the city direct costs averaging $5,000 per year, with an additional average of $20,000 to demolish it. The problem is getting worse, not better. While Buffalo was spared the worst of the subprime debacle, both tax and mortgage foreclosures have risen sharply in recent years, particularly in Buffalo's most vulnerable neighborhoods. In last year's tax foreclosure auction, the City took title to 1100 properties, the vast majority of which it intends to demolish. The City has succeeded in stepping up the pace of demolitions. It has also taken an important step by contracting for 10 deconstructions this year. Deconstruction, which f, involves salvaging and reusing as much as possible from a building, causes much less pollution and waste and creates more jobs than demolition. But in order to stop the abandonment spiral, the City needs to do many more demolitions and deconstructions. It also needs a strategic plan to preserve and renovate houses and spare them from the demolition list. Demolishing one of five vacant houses on a block can do very little in and of itself. The City needs a comprehensive, block -by -block approach in which all the housing needs in a small area are addressed at once, so that resident and investor confidence is restored. The Westside Community Collaborative has enjoyed substantial success using this approach, working west from Richmond Avenue; we need to replicate that model city -wide. The City can take some of these steps with existing resources. Most notably, the City can shift CDBG and IIOME funds away from stand -alone new construction projects like Sycamore Village (which make little sense in a city with a huge surplus of units) toward tax and mortgage foreclosure prevention, preservation, renovation, and weatherization. Even if those shifts are made, however, a huge gap will remain between the number of houses that need attention and the number that will receive it. The City needs to find more resources, by transferring funds from other sources, by drawing on control board efficiency funds, and by limiting the reduction in property taxes, to address this vicious spiral and all of the threats it poses to the city's residents and tax base. Greening Buffalo One of PPG's 2008 Platform planks is the creation of a sustainability office at City Hall. PPG welcomes Mayor Brown's announcement that the 2008 -2009 Budget includes funding for an environmental office with two staff persons. We note with some caution the news that the staff will be graduate students; it is vital that the City's environmental officers be full - time employees, fully integrated into all the work of the City. We also hope that, as proposed in the PPG platform, the City will honor the commitment it made in the US Mayors Climate Protection Agreement to make and implement a plan to reduce its greenhouse gas emissions 7% by 2012. PPG recently released a report titled "Greening Buffalo: What Local Governments Can Do," with detailed discussion of sustainability offices and projects being done by other cities and recommendations for Buffalo. We hope to work with the City and local environmental groups to pursue the ideas in the report, many of which offer substantial cost savings, as well as environmental benefits, to the city and its residents. Contracting Reform PPG's 2008 Platform calls on the City to "centralize City contracting in one City department and reform contracting procedures to make them more open, impartial and transparent" and to "post information about all City contracts on a publicly accessible website." PPG believes that centralizing contracting and making it more transparent will also save the City money 3 For more information and analysis, please see the PPG report, "An Integrated Approach to Fighting Poverty and Blight" and the PPG response to the City's 2008 -2009 Action Plan, both available at ihttp : / / ppg- buffa[o.wikispaces.co»i_ 4 Available at ppg- buffalo.wikispaces.com 4 d and free up money in the budget for other purposes. For example, it seems very questionable whether the City is getting the best possible deal in renting out the Erie Basin Marina and the City Hall cafeteria to Brand -On Services and Brand -On Services 11, companies which are owned by an employee in the Public Works Department -- the same department that lets the contracts. When the cafeteria contract was renewed last year, it appeared that Public Works had arranged natters so that only Brand -On would bid and that Brand -On would get an extremely favorable deal. If nothing else, the appearance of favoritism undermined confidence in the City's contracting processes — especially given the recent convictions of the former Commissioner and Acting Commissioner of Public Works on corruption charges. Office of New Buffalonians PPG's 2008 Platform calls for the City to work with the County and State to "work together to create a publicly funded Office of New Buffalonians offering comprehensive assistance to refugees and immigrants encouraging them to settle permanently in the Buffalo area." We believe that our immigrants are one of our greatest assets, and that if we help them to settle permanently in the City and find jobs and open businesses, as generations of immigrants have done before them, they will provide one cornerstone for Buffalo's revival. Living Wage Policy for the Schools Included in PPG's 2008 Platform is the call for the Buffalo Public School District to adopt a living wage policy, comparable to the City's, covering all school employees and all the employees of businesses that do over $50,000 worth of business with the District. The District currently employs hundreds of food service workers and bus aides at poverty -level wages. Providing them with a living wage will reduce poverty, reduce reliance on public assistance, improve morale, decrease turnover, and improve the service that they provide to school children. Esther Macklin has worked in food service for the District for five years; she now makes $8.25. On that wake, she is trying to raise her son, a Buffalo public school student. Ms. Macklin reports that she enjoys her work and takes great pride in it. She loves the kids and tries to teach them rules, manners, and respect. She also reports that the work is hard, and that getting by on her income is even harder, forcing her to rely on Medicaid for health . insurance and HEAP to pay her heating bills. As she asks, "How can we feel good about ourselves, be happy with the kids when we are not being; appreciated? We aren't being shown that we are worth anything other than being a second class citizen." FOE z -4 E COMMITTEE ON HNANCE. N N " �� INN", � A. Machamer-Concerns- User fee, Water Bills and Tote Size Correspondence available for Review in The City Clerk's Office I il;'I IE 14 E F ON HINAMM 0 1 f r� - 81i�►BF woo t%( Al223 Schuele 1 5 3132 A 42 5 Buffalo, NY 4 4, r .. � .. _..., Jj 1 n T_ v e ry _ ry -. U fat Pkv Town of Cheektowaga 3301 Broadway Cheektowaga, NY 14227 Alice Magierski Telephone: 716 - 6863400 April 23, 20108 llflli lllllilllliltlllllllllllll Gerald Chwalinski City of Buffalo 65 Niagara Square Buffalo, NY 14202 Dear Gerald Chwalinski: Please be advised that the Town Board, at a meeting held on April 21, 2008 6A5 PM, considered the following resolution(s)! Resolution RES -2008 -236 Support University at Buffalo UB2020 Program Adopted [Unanimous] Sincerely Yours, Alice Magierski Board Meeting of April 21, 2008 RESOLUTION 2008 -236 DOC ID: 2769 Support University at Buffalo UB2020 Program WHEREAS, the University at Buffalo is a member of the prestigious Association of American Universities; and WHEREAS, the University at Buffalo is the largest and most comprehensive campus in the 64- campus State University of New York System; and WHEREAS, the University at Buffalo's has a student body of over 28,000 and employs 11,700 people; and WHEREAS, the University at Buffalo is a comprehensive, research intensive public university dedicated to excellence; and WHEREAS, the University at Buffalo spends more than $267 million annually on research, in search of knowledge that will lead to new cures and therapeutics, faster computers, smarter software, smaller machines and thousands of other life improvements; and WHEREAS the University of Buffalo is re- defining its role as a major public research university with its UB2020 initiative, and WHEREAS, UB2020 aims to increase the student body to 37,000 and employ 19,781 people in the Buffalo Niagara region; and WHEREAS, UB2020 will increase the economic impact of the university by over $1 billion to over $2.6 billion by the year 2020; and WHEREAS, the University at Buffalo has a comprehensive plan to become one of the top research universities in the country and leader in the world and greatly improve the economy and community in Western New York; and WHEREAS, an affinity group, the UB Believers, has been created to demonstrate community support for the ambitious goals of the University at Buffalo; NOW, THEREFORE, BE IT RESOLVED that the Cheektowaga Town Board supports the goals and spirit of UB2020; AND BE IT FURTHER RESOLVED that Western New York, the State of New York and the Town of Cheektowaga will benefit from the ambitious goals of the University at Buffalo UB2020 Town of Cheektowaga Plan; AND BE IT FURTHER Board Meeting of April 21, 2008 ` RESOLVED that the Cheektowaga Town Board encourages all elected officials and citizens to support the University at Buffalo by learning more about UB2020 and by becoming a "UB Believer " by visiting www.ubbelievers.buffalo.edu. RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Holtz, Supervisor SECONDER: Charles Market, Councilmember AYES. Holtz, Jaworowicz, Swiatek, Rogowski, Zydel, Markel, Kaznowski State Of New York This is to certify that 1, 19V4ft4&, Clerk of the 7� 44e daa Erie County ss: e,, r a6 E,4,, have compared the foregoing copy of resolution with the Office Of The Clerk Of The original resolution now on file at this office, and which was passed by the Town of Cheektowaga Town Board of the ?.0 q ( agd in said 6�4tiu q Ste, on Monday, April, 21, 2008, and that the same is a correct and true transcript of such original resolution and the whole thereof. (Seal) 9. Z - eee 2(/dmt4. t ve hereunto set my hand and affixed the seat of said Town on wed s y, April, 2008` CLERK OF THE TOWN BOARD, TOWN OF CHEEKTOWAGA, NY kly 000GI Town of Cheektowaga 3301 Broadway Cheektowaga, NY 14227 Alice Magierski Telephone: 716 -686 -3400 April 23, 2408 I I Ii I III I I 111 I I I I I I I I I[ I l I I I I I II City of Buffalo 65 Niagara Square Buffalo, NY 94202 Iq c, At / //r p P LAA 0 Dear City of Buffalo: f/ Please be advised that the Town Board, at a meeting held on April 21, 2008 6:45 PM, considered the following resolution(s): Resolution RES -2008 -253 Adopted [Unanimous] Call for Public Nearing on Proposed Amendments to Zoning Law Relating to Drive Through Businesses Sincerely Yours, Alice Magierski RECEIVED AND F IL ED { f � Board Meeting of April 21, 2008 RESOLUTION 2008 -253 DOC ID: 2776 Call for Public Hearing on Proposed Amendments to Zoning Law Relating to Drive Through Businesses WHEREAS, by resolution dated January 21, 1992, Local Law No. 1 of the Year 1992 of the Town of Cheektowaga, entitled "A Local Law Relating to Zoning" was adopted, and WHEREAS, the Building Inspections Department and Zoning and Petitions Committee have recommended that this Town Board enact revisions to the Zoning Law to further regulate drive through businesses in the Town, and WHEREAS, a draft of such amendment has been prepared by the Building Inspections Office, NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held on the 5th day of May, 2008 at 7:00 P.M. at the Town Hall, 3301 Broadway, Cheektowaga, New York to consider the advisability of adopting "A Local Law to Amend the Zoning Law Relating to Drive Through Businesses ", and BE IT FURTHER RESOLVED, that the Town Clerk be and hereby is directed to publish the attached Notice of Hearing in the Cheektowaga Times and BE IT FURTHER RESOLVED, that the Town Clerk be and hereby is directed to forward copies of this resolution and the attached Notice of Hearing to the Erie County Department of Environment and Planning, the City of Buffalo, and the Towns of West Seneca, Amherst and Lancaster, and the Villages of Sloan and Depew. Town of Cheektowaga Board Meeting of April 21, 2008 rt NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that, pursuant to the Municipal Home Rule Law of the Sate of New York, a Public Hearing will be held before the Town Board of the Town of Cheektowaga on the 5th day of May, 2008 at 7:00 P-M. at the Town Hall, 3301 Broadway, Cheektowaga, New York to consider and discuss and, if need be, act upon the proposed enactment of Local Law Intro No. 2008 -4 of the Year 2008, entitled "A Local Law to Amend the Zoning Law Relating to Drive Through Businesses ". Following is a synopsis of the proposed Local Law Intro No. 2008- 4: Local Law Intro No. 2008 -4 A Local Law to Amend the Zoning Law Relating to Drive Through Businesses A new section, Section 260 -48.2, entitled "Accessory Drive Through Windows ", would be created under the Town Zoning Law to establish design standards and restrictions for accessory drive through windows /facilities for the purpose of controlling the negative impacts associated with such appurtenances. A copy of the entire text of such proposed local law is on file in the Town Clerk's Office, where the same may be viewed during regular business hours. Dated: April 21, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF CHEEKTOWAGA, ERIE COUNTY, NEW YORK ALICE MAGIERSKI Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Holtz, Supervisor SECONDER: James Rogowski, Stanley Kaznowski AYES: Holtz, Jaworowicz, Swiatek, Rogowski, Zydel, Markel, Kaznowski Town of Cheektowaga Board Meeting of April 21, 2008 k State Of New York This is to certify that I, ,4Gce7Kageewki, Clerk of the 7. la r c Erie County ss: Kra q have compared the foregoing copy of resolution with the Office Of The Clerk Of The original resolution now on file at this office, and which was passed by the Town of Cheektowaga Town Board of the 7. of P��ekr��ya in said g"e�, q 6,4, on Monday, April, 21, 2008, and that the same is a correct and true transcript of such original resolution and the whole thereof. (Seat) 9. wW..�, I have hereunto set my hand and affixed the seal of said Town on Wednes April, 23 CLERK OF THE TOWN BOARD, TOWN & CHEEKTOWAGA, NY � I 0 Ellicott ( Development C Omp`dny A Division o f 10 Eflicoff Sq uare Court Co 210 Ellicott Square 295 Main Street Real Estate Development, Management & l casing Buffalo, N.Y, 14203 -2219 Commercial . Residential May 2, 2008 Hand Delivery Common Council City of Buffalo City hall Buffalo, NY 14202 Gentlemen My remark was not racial. It stated a fact. r, C 716.854.4060 fax 716.852.2829 www.ellicottdevelopment.com , zr,O "C P F The irresponsible Brian Davis wanted to paint it as racial to spin his community out of their growing distaste for his self - serving special tax benefits and relationship with program workers who were compelled to share their checks with him. I believe Buffalo is still subject to the U.S. Constitution and the First Amendment prot�ets free speech. It also protects the right of Councilpersons to slander citizens o11 the Council floor, Last Tuesday the Council voted a resolution to censor my true statement concerning the reason that James Williams was hired by the School Board. Under 42USC1983, the Council's resolution violated my First Amendment rights to free; speech. I demand that the Council rescind the resolution at its next scheduled meeting, or I will litigate the matter. Very truly yours, Ellicott Development Company Carl P. Paladin Chief Executive Officer CPP /llnh Cc; Alan'Bedariko Jim Fink Mary, Alice Demler LL A T 0N ORRI J April 24, 2008 13tiffalo City I fall Att: City Clerk 65 Niagara Square; City of Buffalo, 3rie Connty, N.Y. 1.4202 Ile: A' Verizott Wireless Bailey- Clinton Site Mergenhagen Street City of Buffalo, Erie County, N.Y. 14205 TO Whom It May Concern: In 2005, the Federal Coin munications Commission (FCC) revised the Nationwide Programmatic Agreement (NPA) regarding the effects of new telecommunications towers on historic properties as defined in Section 106 of the National [ l.istoric Preservation Act (NIIPA). Section V of the NPA requires local government notification as part of Section 106 of the National Ilistmic ]'reservation Act (NJ IPA), as amended, Consultation process for new tower sites. This letter serves as the applicant's written notification to the local government having primary land use jurisdiction where the proposed site is located. Verizon Wireless (Verizon) proposes to build an approximately 110' high monopole - tower at the Bailey- Clinton site in Erie County. Verizon also proposes to build an equipment shelter to house all necessary mechanical and electrical equipment. The site is a paved area for an active commercial property in the City of Buffalo adjacent to Interstate -190 to the north and the intersection of Seneca Street and Bailey Avenue to the southwest. Less than one -half -acre of ground will be disturbed for this project. `.1`he project site has been highlighted on the portion of the USGS Buffalo SE Quad Sheet (attached) for your review. In addition, the NPA requires that a written notice be provided to the public of the planned teleC09Tln7ttnicatlons tower. Please post a copy of this letter in a public area. Public comments on the proposed tower site may be provided to. Randy Pekarski, (7t6) 856 -5636 x1189. Please note that this letter is just a notification of Veriron's intentions and. that they intend to file for all necessary permits With the City of I3tltfal0 when appropriate. I'hank you in advance for' your anticipated cooperation. YOtN'S truly, UIRS CORPORATION Randy S. Pekarski Urlrtn Planner File: 1 1175489.00000 ((v -1 URS Corporation 77 Goodell Street Buffalo, NY 14203 Tel: 716.856.5636 Fax: 716.856.2545 REFERRED TO THE COMP' ITTE ON LEGISW21ON AND THE CITY PLANNING SD URS V G4 ) Ck a April 24, 2008 Bul alo City I fall Aft: City Clerk 65 Niagara Square City of Buffalo, Eric County, N.Y. 14202 Re: R Verizon Wireless Bailey 33 Site 106 Collingwood Avenue City of Buffalo, Eric County, N.Y. 14203 `fo Whoan It May Concern: In 2005, the federal C[111117]uniCations Commission (FCC) revised the Nationwide Programmatic Agreement (NIIA) regarding the effects of new telecommunications towers on historic properties as defined in Section 106 of f)e National 1 Preservation Act (NI IPA), Section V of the NPA requires local government notification as part of'Section 106 of the National Ilistoric Preservation Act (NHPA), as amended, consultation process for new tower sites. This letter serves as the applicant's written notification to the local government having primary land use jurisdiction wbere the proposed site is located. Verizon Wireless (Verizon) proposes to collocate two sets of panel antennas to the building at 106 Collingwood Avenue in the City of Buffalo, Eric County, New York. Verizon also proposes to build an equipment shelter to house all necessary mechanical and electrical equipurent. Less than one -half acre of ground will he disturbed for this project. 'The project site has been highlighted on the portion of the USGS Buffalo NE Quad sheet (attache(l) for your review. In addition, the NPA requires that a written notice be provided to the public of the planner( telecomauunications tower. Please post a copy of this letter in a public area. Public comments oil the proposed tower site may be provided to: Randy Pekarski, (716) 856 -5636 xI 189. Please note that this letter is just a notification of Veriron's intentions and that they intend to file for all necessary permits with the City of Buffalo when appropriate. I'hank you in advance fill your anticipated cooperation. Yours truly, URS CORPORATION Randv S. Pe€carski Urban Planner bile: 11175520,00000(C-1) URS Corporation 77 Goodell Street REFERRED 'TO THE COMMITTEE ON LEGISLATION AND THE CITY A ING BOARD Buffalo, NY 14203 Tel: 716.856.5636 Fax: 716.856.2545 .5' = "fn,rin Park t.:ibearyF Copyright (C) 1997, Maptech, Inc - :°fl� f Name: BUFFALO NE Location: 042° 56'06.4" N 078'48'54,9" W Date: 3/4/2008 Caption: VZW Bailey -33 Site Scale: 1 inch equals 2000 feet Copyright (C) 1997, Maptech, Inc April 24, 2008 Buffalo City I hall Att: City Clerk 65 Niagara Square City ol` Buffalo, Erie County, N.Y. 14202 Re: � Verizon Wireless Scott Street Site 50 Mississippi Street City of Buffalo, Erie County, N.Y. 14203 To Whonr It May Concern: In 2005, the federal COn7nn Lill ications Conrrnission (FCC:) revisecl the Nationwide progranurratic Agreement (NI'A) regarding the effects of new telecommunications towers on historic properties as defincd in Section IOC oftire National Historic Preservation Act (Nf1pA). Section V of the NPA requires local government notification as part of Section 106 of the National Historic preservation Act (N1 IPA), as amended, consultation process for new tower sites. This letter serves as the applicant's written notification to the local government having; primary land use ,jurisdiction where the proposed site is located. Verizon Wireless (Verizon) proposes to collocate three sets of panel antennas to the building at 50 Mississippi Street in the City of Buffalo, Erie County, New York. Verizon also proposes to build an equipment shelter to house all necessary rnechanical and electrical equipment. Less than one -half acre of ground will be disturbed for this project. The project site has been highlighted on the portion of the USGS Buffalo NE Quad Sheet (attached) for your review. In acidition, the NPA requires that a written notice be provided to the public of the planned telecommunications tower. Please post a copy of this letter in a public at Public comments on the proposed tower site may be provided to: handy pekarski, (716) 856 -5636 xI 189. please note that this letter is just a notification of Verizon's intentions and that they intend to file for all necessary permits with the City of Buffialo when appropriate, fhank you in aclvance for your anticipated cooperation. YOUI - S truly, URS CORPORATION Randy S. pekarski Urban planner 1� ile: 11175486.00000( URS Corporation REFERRED TO THE COC+'1MMEE ON LEGISLATION C qr CITY PLANNING BO 77 Goodell Street Buffalo, NY 14203 ��y� ±� s � � C.:��iY�i�r�U TeL 716.856.5636 Fax: 716.856.2545 t,JP tjfhh 5eh Emerstencv; � ff _ • "['S �Q 6 • P � a ' i tAE Name: BUFFALO NB Date: 2/4/2008 Scale: 1 inch equals 2000 feet x' f k ti �N `o j r Location: 042"52'30.1" N 078'52'28.8" W Caption. VZW Scott Street Copyright (C;) 199/, Maptech, Inc. �Y ; Janies T. Sandoro 191. Swan Street Buffalo, New York 1.4204 (716) 855 -1931 May 5, 2008 City of Buffalo Common Council 65 Niagara Square Buffalo, New York 14202 k e: Change of Use - 175 South .Division Honorable Council Members: I am submitting this in opposition to a request by Ellicott Group, LLC for a special use permit to convert what has been designated as residential property at 175 South Division to a commercial use. I am a life -long resident of the City of Buffalo, and moved to Myrtle Avenue in the Ellicott District in 1969. . I am familiar with loss of the residential infrastructure in the area prior to 1964, and the City's successful, but not completed efforts to redevelop a downtown neighborhood in the Willert Park Homeownership Zone. Despite what Ellicott Development might like to use as a distraction, my problem with the attempt to abandon the residential plan for the neighborhood is not about a dispute of personalities, and it is not about commercial competition. It is about protecting the community, and the investment in the surrounding residential properties by my neighbors. This is about keeping a promise to those who invested in this community as to how this property would fit into that process. This is about preserving; and building upon the most successful turnaround of a neighborhood that this City has enjoyed. Unfortunately, this is not the first time that Ellicott Group LLC, or its sister entities, has attempted to circumvent the Common Council's adopted land use plans for the area (Zoning, Ellicott Dousing flan, Willert Park Homeownership Plan, Queen City Hub Plan or Common Council moratoriums against new surface parking in downtown). 'Fhe land the redeveloper wants to use as commercial parking has had residential usage since at least 1896. The redevelopment of the area as a downtown neighborhood had its first six homes built in 1965 . by the Connecticut developer chosen by the Common Council. N City of Buffalo Common Council May 5, 2008 Page; 2 In 1979 Ellicott Management acquired the six houses developed by Ellicott Sales Housing Corp for the City as the first step in reestablishing residential housing in the downtown neighborhood. In 1991 the City added 41 new built homes to the block Mr. Paladino wants to convert to non- residential use. The new homes were constructed after extensive community involvement to devise a plan which would have the most positive impact on the neighborhood. The review was coordinated by the Ellicott PAC" of which I was a part. I believe this was all done as part of the Consolidated Planning Process necessary to allocate CDBG funds, In the summer of 1996 Ellicott evicted the 6 families who lived in the Ellicott Homes, and later that year tore down the sound structures. In 1997 Ellicott again attempted to have the residential land use restrictions vacated. Ellicott tried once again to pave over the property in 1999, and again in 2005. Each time the developer sought to circumvent the Common Council's adopted plans the neighborhood invested in, the neighborhood rallied together to protect the community. The neighborhood is mixed income and multi - racial. The cohesion in this area is strong, crime rate is minimal and the area works together as a community. I urge you to consider the neighbors and the promises made to them, and the successes built upon sound planning for the area, and then deny this request for a change of use. I am not asking that this be done for me or for any reason other than that it is the right thing to do for the community and the City as a whole. Res ec ully, Jam T. San®ro JT: rh Cc: Mayor Byron W. Brown, City of Buffalo RAID AND LLD j ` + tiVi r' Common counrit 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 E -mail: dsmitti@city- bttffalo.com Website: littp! / /www.city- bkiffalo.com May 8, 2008 Dear City Clerk LEGISLATIVE ASSISTANTS Gt-RAt1]INE f0w LA51UNE EUBANKS C HAIRMAN EDUCATioN MINORITY BUSINESS ENTERPRISE COMMITTEES COMMUNHY DEVELOPMENT Please file the attached Action Plan for the Progressive Legislative Caucus of the Common Council ot'The City of Buffalo for the next Council Meeting. Thank you for your attention to this matter. Ifthere are any questions, comments or concNis please do not hesitate to contact me. S.il nemone Smith Master District Council Member i 2008 -2009 Action Plan of the Progressive Legislative Caucus of the Common Council Definition "Legislative caucus" means an organization that is composed exclusively of members of the legislature who organize to advocate or influence legislation that promotes their common goals and interests. The Caucus can elect or appoint officers and recognizes identified legislators as mertnbers of the organization. The Caucus exists for research and other support of policy development and interests that the membership hold in common. The term includes an entity established by or for a legislative caucus to conduct research, education, or any other caucus activity. Mission Statement The Progressive Legislative Caucus of the Common Council of the City of Buffalo is a Legislative caucus that is proudly non- partisan and welcomes members regardless of political party affiliation who support the progressive principles outlined in this document. The Progressive Caucus advocates for urban & governmental reform, adequate representation of all citizens, efficient & rational governmental operations, social justice, and community based economies built on diversity and sustainability as well as active participation of citizens in government. The PLCCC is formed due to changing political circumstances that created both the opportunity and the motivation for organizing. The organization of the PLCCC will make the Common Council of the City of Buffalo more democratic by creating an additional center of legislative power that promotes cooperation. It will also promote debate, organization and defend the interests of people and groups not in the focus of the current Majority Caucus. The PI.,CCC will support, oppose and collaborate on legislation and initiatives of common interest without regard to the affiliation of the author, as well as without regard to their membership in the PLCCC. The Goals of the PLCCC are to: Promote progressive legislation Encourage research that acknowledges and investigates progressive initiatives Publish objective, nonpartisan research for distribution Serve as a network for resources and moral support to members Provide organizational resources to pursue policy interests Advance the nonpartisan education of citizens for effective involvement in government Inform and promote positive perceptions about Buffalo and its citizens The PLCCC has worked very hard to outline our priorities in. our 2008 -2009 Action Plan We have outlined an action plan for the Caucus in the following areas: Finance and Management Economic/ Community Development Public Health and Safety Community and Human Services Governmental Affairs R F EH- TO THE COMMITTEE ON LECASLATION. Submission to Common Council Redeveloper's Request to Redevelop R-3 Land in Downtown Sector of HOZO as Surface Parking [Mel COQ IT ZONING AND THE CITY PLANNING BOARD Submitted by Richard E. Stanton., Esq. The Knoer Group, PLLC Attorneys for Petitioner 1707 Liberty Building Buffalo, NY 14202 (716) 332-0032 PETITIONS May 13, 2008 Albert A. San ita Jr, Owner, Use 1.194 Lovejoy Outdoor Patio and Pavilion(Lov) (hrg 5120) ' REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics f 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: I I q - L--c) U ew.; to be held in the Council Chamber, 13th Floor, City Hall On: c( 16 AT 2:00 PM I any also informed that this is the only notice that the . petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Signe r ' r Aent or caner) ��i?� �: ���i��9 .7 Q Print Nance Phone # -5' 11)ate Ll `W 2 S �- ATTENTION: PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER, 851 -5086 FOR PLANNING BOARD MEETING. City of Buffalo 6! Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 04/28/2008 02:48 PM Submitted By JAMES CARR USE Building Application Page 1 I A/P # 123000 E Application: informa Dale I Time Processed 04128/200814:22 Issued Final zso.c.iate.d_Informati Type of Work Dept of Commerce Priority Square Footage 0.00 Contact ID AC297290 Name CAROL E Mailing Address 1194 LOVEJOY ST Organization City BUFFALO State /Province NY ZIPIPC 14206 Country USA Day Phone Evening Phone Fax Mobile # Contact ID AC276458 Name SANITA ALBERTA JR. Mailing Address 1194 LOVEJOY ST Organization City BUFFALO StatelProvince NY ZIP /PC 14205 Country USA Day Phone (716)893 -4921 x Evening Phone Fax Mobile # A/P Linked Addresses No Addresses are lin to this Application Linked Parcels 1124 200005030000 AT Linked Parcel . No Parcels are linked to this Application [] Foreign r) Foreign 403936 Z_ONVARI 0 N No Employee Entries 1 No Log Entries No Condi CHANGE 0 use I X Work done by owner (X] Zoning Board [.� Resident €aI Work without Permit (FINE) Commercial (._] Multiple Dwelling FLAT FEES Existing Use UARIRESTARANT New Use TO INCLUDE OUTDOOR PATIO Dwelling Units Lost 0 [_] Electrical Dwelling Units Added 0 (] Plumbing n Heating Debris NONE No Employee Entries 1 No Log Entries FtS L ABSTRACT Oi TETt.E ANtl IS a JECT T ANY &TATS;; FACTS THAT MAV BE RMALED BY AN UUMINAT10N CW SAME Z a� z(O z tz z a W L'v � W z P r� a NEC w j 3B. SO FENCE 0.l0 15 I. yvCs 1.19SaUTH - ISA E? N tu Q F J J [Y FENCE 0_05 EASI W. U) luu E :AvES 0.23 NORTH EA VES 0.31 EAST 47 soar wwiiii,o $*I; Wo# F' Lq EN-DG- 1.9.5 EA5 7' 1.0 W ILE R _ o. rye NaRrH SRlCK 29 T ,/X72 METAL CANOPY PROD &CTS METAL CANOPY PRO.1ECT5 2.0 L ovejoY METAL_ FRONT SECOND FLOOR CANOPY PROJECTS .3_0 66!0 WI DE sm .SOUTH PART OF SUB-LOT 27 BLOCK 17, COVER 9 PART DF LOT 41, T. 11, R.7 CITY OF' SUFPALQ EPIC COUNTY NEW YORK RAY E... SONNEN®ERGIER LAND SUR VEYOR N Y.S. LIC. NO. 038793 BUFFALO. N,Y, SCALE i L-2o DATE N OV . -4, 1998 SHEET 48667NO, .9g - 562 TK13 mop v910 u0hp EM8039 EO A1lsrin¢ any Item an this mop is In vlatatlon of w iln New Mk Stiff L €esnsta Lena COPYRIGHT 1998 the law. *xeopt €np as Provided In 84010a T700, S.-eva s Sae' No 0,1093 Part 2 nt the New Yerk Stale Education Law, S. Z 2.0 Z W, q. Z !1. V O t a. j �: m W w W W _ 0i © ct u m 7D. Z f O Lq W 0 .30 SAS T ao. X94 u: �o• C o. 2,0 EA P AVES M : M STUCCO R io NO -AVES v EN-DG- 1.9.5 EA5 7' 1.0 W ILE R _ o. rye NaRrH SRlCK 29 T ,/X72 METAL CANOPY PROD &CTS METAL CANOPY PRO.1ECT5 2.0 L ovejoY METAL_ FRONT SECOND FLOOR CANOPY PROJECTS .3_0 66!0 WI DE sm .SOUTH PART OF SUB-LOT 27 BLOCK 17, COVER 9 PART DF LOT 41, T. 11, R.7 CITY OF' SUFPALQ EPIC COUNTY NEW YORK RAY E... SONNEN®ERGIER LAND SUR VEYOR N Y.S. LIC. NO. 038793 BUFFALO. N,Y, SCALE i L-2o DATE N OV . -4, 1998 SHEET 48667NO, .9g - 562 TK13 mop v910 u0hp EM8039 EO A1lsrin¢ any Item an this mop is In vlatatlon of w iln New Mk Stiff L €esnsta Lena COPYRIGHT 1998 the law. *xeopt €np as Provided In 84010a T700, S.-eva s Sae' No 0,1093 Part 2 nt the New Yerk Stale Education Law, J. McCarthy, Agent, Use 483 Delaware, Sidewalk Cafe & Patio in Rear Yard (hrg 5 /20)(Ell) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA R ICO Deputy City Clerk Vital Statistics f 65 NIAGARA SQUARE ROOM 1348 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that 1 have been informed as to the time and place for the public hearing regarding: 0-u( Ak/-' to be held in the Council Chamber, 13th Floor, City Hall On: 0 AT 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if 1 am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. S --- I d'`' ` ( en r Owner) Print Name P one Date ATTENTION: PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER 851 -5086 FOR PLANNING BOARD MEETING. Address 483 DELAWARE BUFFALO NY 14202- Location Contact 10 AC308194 Mailing Address PO BOX 466 City EAST AMHERST ZtP /PC 14051 Day Phone(716)884 -9283 x Fax Name JERRY MCCARTHY No Addresses are linked to this Application No Addresses are linked to this Application 1112200003004000 Organization STILLWATER HOLDINGS LLC State /Province NY Country USA Evening Phone Mobile # Foreign No Parcels are linked to this Business D.B.A.STILLWATER RESTARANT Length 50.0 Width 12.0 Location of Patio: tX , i Front ). ]Left Side (_ j Flight Side ()Rear Total Area 0 . 0 sq. ft. If There Is A Raised Deck Deck Height above grade h• Does the Patio have its own exiting? (Require6� Yes .) 1 step - No handraits required, no guardrails required. Is this required exiting adequate for the patio area' Yes t 2 steps or more - Handrails Does the patio involve or affect required exiting from the buiidih4ves required each side of stairs; no guardrails required until deck is 30" or more in height. Width of public sidewalks/walkways remaining for pedestrian pass ge ff. (... beck 30" or more in height - Type of patio boundaries: Handrails and guardrails required. WROUGHT IRON FENCE Tread width (= Exit Width) in. 80 Number of Tables 20 Number o #Chairs: No Employee Entries No Log Entries j u°ff G've LX! C L e, 2+ LL, ✓eICW C a l�1 C �X e {� f O I ' StG!O Yc°talY11 ✓C� wall abovi° arabs w/ 2 511Gf1B Gap New 42' 30 11l 2rl Gorro lee 1iC R'ti. 1eial r'dllinc' i. ra I, �a '. �fi GG�i^ a aelG� � '�a - fn A CXiSt. Ga+"G T � i0 rE:t^a I!^ E 7 X15t. State° Re"'1Gve exi5 GaSe GU11p; oLe c� Steppe wa 1 ; LI. Y1dY1 r3 '1t1. Sleeve :G35t carcrete to 42" 4 DELAWARE DELAWARE A V E N U E r PROPOSED FRONT PATIO PLAN I U L} F a ac. Th�'se dccurent5 drd a'rs;r I . Member of The American Institute of Architects FRONT PATIO EXPANSION 4S' - 48: DelaWa's Ave. '� . 1422 ccn;Bn:s are ne 'rope ;u or F4efbert K. Guerther as eovereed c,; law, any r�rcdticticn, mcdirrGa;icns cT d�tEfd tiGrl5 1 10 these daG�mer:t5 SK I- ' ' W� ".r0'ut th'P. eX.'^.reg5°d :,rift °uYi GOnSe t Of Hu° b° t K Gucrther 5 7r° ' "'� n idw Y ` a v4n;d tsar ct t Nem York Premier Pmentabons, PLLC Herbert K. Guenther, AIA, NCARB 1 f!ar ra'.un Bu, ^°� Issie Date:412510o Gi'�Ca.d �'. NICE ,;GO No: m & -19 Suc�T NO. 8683 Ty4LtirlCJhc3�? TGrr. willi8?`=5vl lfl, NsL Ycr� 14221 &3Z--002/ -fax '��0) v34 -0025 Stale cducatlor law to 21.er ;hrs drawing. ca 6 cn � �C3 n {? Q+ ra c c� > \ _- f Av- 0 M I' a , 8 , 8' T {b O O W z 0 _ C� rD �- 3 vese decuments 4nd tFelr Member of i --rt5 are try P-FEr1Y of C) 4SI 483 Deldu are Ave. Herbert K. Guenther 65 aoverred b law an dr SK 0 111 - 1- v of Architects Buf Halo N�' 14202 _ 1 f; 'Kt Out tiw expressed written PreinlerPresentafions,FLLG pitio Man G0i5on! of Herbert K.0 =ate }fir s� Herbert K. Guenther, AIA, NCARB o 1 8x89 Nottircgnarl Terr. - LUilliamSvllle, New York 14221 Drawn 6y: HKG ssue Date- 4/25108 a (�h, (llv) 634 -Q��24 -Fax (116) 634 -825 W a x rb � ra (jr a m Sts F L) c . rb cn � �C3 n {? Q+ ra c c� > \ _- f Av- 0 M I' a , 8 , 8' T {b O O W z 0 _ C� rD �- 3 t1 x (b t.Q'- -� x u� TI � � l f= Q1 0 x e 3 v 0 [D c ci 'T, C. � 1 ns a x vese decuments 4nd tFelr Member of REAR PATIO EXPANSION --rt5 are try P-FEr1Y of I N The American Institute 4SI 483 Deldu are Ave. Herbert K. Guenther 65 aoverred b law an dr SK 0 111 - 1- v of Architects Buf Halo N�' 14202 reproduction, rnodlriratior5 dlierd llor�3 to lF±ese dOC{Y1'11i5 f; 'Kt Out tiw expressed written PreinlerPresentafions,FLLG pitio Man G0i5on! of Herbert K.0 =ate }fir s� Herbert K. Guenther, AIA, NCARB -- - 5 f ronbited h law €t r a ,� vlolallon Of the Nei York 8x89 Nottircgnarl Terr. - LUilliamSvllle, New York 14221 Drawn 6y: HKG ssue Date- 4/25108 State Eciucation law to aker this ckawir!- 5r1FET NO- (�h, (llv) 634 -Q��24 -Fax (116) 634 -825 W a rb ra a O t1 x (b t.Q'- -� x u� TI � � l f= Q1 0 x e 3 v 0 [D c ci 'T, C. � 1 ns a x - J- Lo ram x vese decuments 4nd tFelr Member of REAR PATIO EXPANSION --rt5 are try P-FEr1Y of I N The American Institute 4SI 483 Deldu are Ave. Herbert K. Guenther 65 aoverred b law an dr SK 0 111 - 1- v of Architects Buf Halo N�' 14202 reproduction, rnodlriratior5 dlierd llor�3 to lF±ese dOC{Y1'11i5 f; 'Kt Out tiw expressed written PreinlerPresentafions,FLLG pitio Man G0i5on! of Herbert K.0 =ate }fir s� Herbert K. Guenther, AIA, NCARB -- - 5 f ronbited h law €t r a ,� vlolallon Of the Nei York 8x89 Nottircgnarl Terr. - LUilliamSvllle, New York 14221 Drawn 6y: HKG ssue Date- 4/25108 State Eciucation law to aker this ckawir!- 5r1FET NO- (�h, (llv) 634 -Q��24 -Fax (116) 634 -825 Checked : FiKG ,fob No: 08 -19 - J- Lo ram x O F 5UCM u C�if3 A�C�fv T. JS!"1 6C MCI11Tn.Sh, A'_L N 5 ' LOT - 136 Ck JNE B;OG NC. 493 I HOUSE IC. 25 3058 E 5. t53 u __ �mm Li ui W PC R n 53 t/� 15320 QEEp 154.13 MEAS f uas IN SE IRON PIPE WI CAP . .- 54,5 _ -;' V BLOC t I .'+�,j• ...... .. � STEPS L.J " . ^ -6809 r LOT —'13 � ''' I t+ bti FAR�EL 0 LLJ o Ina FLOOR 4: ^ "VAa ..____ - - - ,�, - `- I.tRC- NAIL �• SET IRCfa PPF .✓ -2.52' :53- -1 /S 4E 5 - I1, W _ w/ CAP $IDG. --�� - 14.82' N a ••.! 25" EAST 3 °a h'0 469 . LOT 134 �<;vFST 5 - Law nl U. �y z 5., ,G $RIGKr 153 MAP 5 I IPIPE -ARCS 497 w O BLOC, NO. 1R J O w ��. ¢ 5 o or V �_ _ 9E RO'a AIDE C) - ,•� n.7C' eos ._8.87• wA .-�T- EL I f .6r 16 . -5 y� hc oEEtle 154.CB tiI SFEAS NA :. Lp .. . v o � q p "TB. P - 6F09 $25 \`` , .L. 1 �:t .., i N�i:� 1 CaYA41 9!OG. NC. aB3 PARCEL B 15N %t57 W So.: T-' �.4C 'D %ARC a -657, ' ,5E - S- � 5 0 f , 4.l L. Wi , TEK 4�; �� '512'± OEEC� :5407' uFAS %' CUT �3 1 (� J -131 l (N CONC. WAiK S LOT ay. 48 € PARCEL. A , ;.]" wT_ST a � .. O16 S(Y.. `,• 01G' IC, 2 E S' IS} MAP RCE 1 � x Bt Cn 34 5'7 045 Sa7'K €.ry 1 69 A $ v Z SEA PIPE WI CF3 1� c •.__._ BD s he ,]9 LOT -130 O x `o ti, :ENCF W 1� Lzi C2 0 0 WIDE} V (66.01 VIRGINIA STREET j E �AR_y 'NA. k,REVMFN ;E Y7'.rA 3i,.,..;iN 4F7 3c 4B5 ..-5 7 P - 5'0 4 ._ -96 3- = - 513 ALSO BEING SUB LOTS -- 131, 132, 133, 134 & PART OF SUB LOTS -130 & 135 MCINTOSH & MCWTOSH, P.C. ?S N: N rOrc� BS1uFAL -3, tiE YORK %CR-, tiE�FALO, vr' YCRK RE5uRV� = E' ✓'SI _CC'f. ?HON= 43A -9138 PILONE 625--8360 — — SURVEY OF PART OF LOT --50, TWP. -11, R. —B, H OLLA N D PUR CHASE —�_. __.� O CI OF BUFF ERIE COU NTY, NE YOR -U ! OFxWti -- uA5 1!F :lk�l!!'- V()R12C0 AI. g..2nPd1 OR AnD TO iN' =S _ A 1"1 r't1 �� 11] n h r1 Is,nf'Y� ♦ i s n I�.r1l a"t+ M. Hunter, Owner, Use 2608 Main Street, Reopen A Night Club (hrg 5 /20)(Del) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 1 t.,, OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: to be held in the Council Chamber, 13th floor, City Hall. On: } A'1'2:00 PM I am also informed ihzat this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed t�� Agent or weer/ Print Name # Phone 4 `110 119r 7 Dated jam` ATTENTION: PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER, 851 -5086 FOR PLANNING BOARD MEETING. Cit of Buffalo G C Building Application 65 Niagara Square Buffalo, NY 14262 (716)851 -4949 Fax(716)851 -,5472 t " Report Date 04/30/2008 10:55 AM Submitted By 1= LD I Page 1 Mailing Address 553 E AMHERST ST Organization City BUFFALO State /Province NY ZIP/PC 14215 Country USA Foreign Day Phone Evening Phone Fax Mobile # Occupant N From TO Owner Y From 1211212006 To Contact ID AC1229406 Name AHMED MALLAHI Mailing Address 1819 GENESEE Organization City BUFFALO State /Province NY ZIP /PC 14211 Country Foreign Day Phone Fvening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC31925 Name MAROTTO,GIRARD Mailing Address 335 CRESCENT Organization 404241 ELECTRICAL 0 N 04130/200810:54 404239 FPLAN 0 N 04/301200810:54 404242 PERMIT 0 N 04/301200810:54 Bffo Arts Commission City Survey (cont) Arts Comm. Approval Suhdivis €ons Special events Bond /Certified check Common Council City Engineering Admin Office /Apts R4 Curb Cuts Beauty Parlor R2 Encroachment Canopy /Marquee ROW Oversize Trucking Freestanding Sign Plumbers' Cuts Human Service Facility Sheet Cuts Portable Sign in ROW Simple Demolition " Restricted Use Permit City Planning Other Citywide Site Plan Subdivisions Environmental Review Urban Renewal S.E.Q.R.A. N.E.P.A. City Survey Address Permit Law Office Development Insurances Check Flood Plain Title Held Detail 2. PLAN REVIEWS Comments No Comments Permit Office Asbestos Abatement Asbestos Survey Bond /Certified check Assessment Combination First Insurances Check 'Public Works approval Notarized Permission/ for portable sign one year Lease showing Use encroachment Rodent /Vermin Bait Sewer Retention Sewer/Water Cut Simple Demolition Telecommunication Simple Plan Approval Tree over 4" at 4' Zoning /Use Check Thruway Sign approval Preservation Board Zoning Variance Preservation District Contiguous Check Water Department New Water Supply Water Retention Modified B DIGEF Modified Dafe/Time 04/30/2008 10:54 %1115 5URVLY W_ EPAStEO W 111 PrNEFjj OF ACVf1IXENT FlltL ASSTIXAC7 Of TITLF AND 15 SUMO TO ANY STAFF OF W15 MAr MAY B* kkVt IY APJ' tXAPAIIITIC>- Of SAME 7,US LOT 23 BLOCK M COVER 250 PART OF LOT 67 VOWNSHIP 11 RANGE 8 CITY OF' BUFFALO MIC COUNTY NEW YORK wt) W I De Hay 1- rojtnexdjergev K,.,W Surveyor N 1,i( No. 036193 (;o Nisigarst Sit'tt" mdfulo- N—V YOH( Viioste. s ,. ;e I" - 20' D-ie April 9, 20Q3 Sheet 11757 ND.. 03 —181 Copyr1Sl 0 2003 ,I,, J, p1i,q as P—W, P-1 2 m the New y- 0. Rauvenpoor, Agent, Use 494 Franklin AKA 69 Allen, Renovation of Interior Restaurant (hrg 5120)(Ell) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics c, 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: Cl to be held in the Council Chamber, 13th Floor, ] City Hall On:,��� A 'r n I' V a f l? /cv AT 2:00 PM 1 any also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed Agent tOwner ) Print Name ` Phone # 2 -C -7 1:) ate ! (A �'-) VCS r} 0(Y ATTENTION: PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER, 851 -5086 FOR PLANNING BOARD MEETING. City of Buffalo 65 Niag - ara Square 13uffalo, NY 14202 (7. 0)861 4999 F x (716)851 6472 Report Date 051066'2008 03 23 PM /VP # 123434 Appticatioii'Information - -- Date / Time By Date / Time By 3 I Ptceessed 05106/2008 10 38 DIGEF T"ertrp COO 1 lssuect CQO Final Expires Asoate d.Information Vatuat9rr ...... Type of Work # Plans 0 Declared Valuation 7100.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority j Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0-00 Name € - -- L e. cripti9?n Pf Work - -- _.- .._...... ... ......... .... . -- . _ R AT IM PLANS /RESTRICTED USE PERMIT(511- 57C.(3)) /COMMON COUNCIL APPROVAL AND PUBLIC HEARING REQUIRED TO PCRMIT THE AL.T RENOVATION OF THE INTERIOR AN EXISTING RESTAURANT SPACE IN A 2 STORY MASONRY STRIP MALL. AKA 69 ALLEN ST.SURVEYISKETCH SCA INED. ......... _ - - -- Parent A/P # Project # Project/Phase Name Phase # Size /Area Size Description Address 494 FRANKLIN BUFFALO NY 14202.- Location 7t Contact ID AC311148 Name DELAWARE - FRANKLIN Mailing Address 348 HARRIS HILL RD Organization City WILLIAMSVILLE State /Province NY ZIP /PC 14221 Country . USA Foreign Day Phone Evening Phone Fax Mobile It Occupant N From To Owner Y From 12/0211992 To Contact ID AC61831 Name PARTNER LP DELAWARE- FRANKLIN Mailing Address C/O THE UPSTATE NATIONAL Organization City 729 PROCTOR AVE State /Province OGDENSBURG NY ZIP/PG 13669 Country l.} Foreign Day Phone (716)856 -8538 x Evening Phone Fax Mobile # Occupant N From To Owner Y From 05128/2000 To 05/06/2007 Contact ID AC1259073 Name DELAWARE - FRANKLIN PARTNER LP Mailing Address 9601 WILSHIRE BLVD SUITE 220 Organization City BEVERLY HILLS State /Province CA ZIP/PC 90210 Conntry USA [] Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/2212005 To 05106/2007 City of Buffalo CSC; RWldir)g . /pplicafion 65 Niagara Square Buffalo, NY 14202 (716 }851 -4941 Fax k 7 16'"1 -5r72 Report Date 05/06/2008 03 PM Submitte By FLD Page 3 Pa 9 st ein Description O ro . St atus Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 0 Fees .. ........ Status Paid gate _... ------ - - .... - -- - - - - -- . ._._ _ Amouni APPLJC:ATION FEE U SG GC PLAN REVIEW - ASSLM,1 JLY U 75.00 GC PMT, INSP, C OF O FEE - ASSEMBLY U 0.00 GC PMT,INSP,C OF O - INITIAL FEE U 200.00 Total Unpaid 325.00 Total Paid 0.00 In spections ... There are no Inspections for this Report ReWmv Activities Act.:#f Aar Type Status Waived issued Started Coritpleled Camp Sy Comments 405221 BCODEREV 0 N 051061200810:38 4052.23 CC APP 0 N 05/06/2008 10'38 405226 ELECTRICAL 0 N 051051200810:38 405224 FPLAN 0 N 05/061200810 -38 405222 LANDMARK 0 Y 05106/200810:38 NO EXTERIOR WORK 405228 PERMIT 0 N 05/06/2008 10 405225 PPLAN 0 N 05/06/2008 10 405227 PRES 0 Y 05/06/200810:38 ALL INTERIOR WORK Activity ReVio D taits Detail 'I- PRIOR RE=QUIRED APPROVALS Modified By DIGEF Modified Oate/Time 05106/2008 10:36 Comments No Comments A 0.00 Y IWO By Start Stop He ats f Jude Kawczynski, Agent, Use 93 Maple St., Replacement of Ground Sign (no hrg )(Ell) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD t` iJ e 14 �c 7 vi le 1 %0* 1 � m.,i L C 5( (�c) ,- f -") L 0 t -b "'ptce- Hovs e SIG. L NAME OF AGENT /OWNER ADDRESS PROJECT THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851 -5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. SIGNS Building Application Date 1 Time Processed 05/13/200810:24 Issued Final Submitted By JAMES CARR 13y CARRJ Temp COO COO Expires Date 1 Ti me B y ssoci - information_ . ........ _.. -- Type of Work # Plans 0 Declared Valuation 3600.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group Actual Valuation 0.00 Square Foot 0.0 Name - ` " "ZBA APPROVAL REQUIRED PERMIT THE PLACEMENT OF A GROUND SIGN 38" HIGH X 48" WIDE 68" TOAAL HEIGHT. SIGN TO REA6 "HOSPICE HOUSE" AND MORE;NOT ILLUMINATED. ALSO =APPROVAL REQUIRW 387 -19 FORA GROUND SIGN, NO PUBLIC HEARING. REQUIRED, Parent A/P # Project # Project/Phase Name Phase # Size/A Size Descrip property/ Infort riatron Address 93 MAPLE BUFFALO NY 14204- Location C)virnerfl'enart Contact ID AC238144 Name BUFFALO URBAN RENEWAL AGENCY Mailing Address 920 CITY HALL Organization City BUFFALO State/Province NY ZIP/PC 14202 Country USA (..) Foreign Day Phone Evening Phone Fax Mobile # Contact ID AC306164 Name ST JOHN FRUIT BELT COMMUNITY Mailing Address 184 GOQQELL ST Organization City BUFFALO State/Province NY ZIP/PC 14204 Country USA �,] Foreign Day Phone Evening Phone Fax Mobile # Contact ID A0310524 Name ST JOHN FRUIT BELT COMMUNITY Mailing Address 84 GOODELL ST Organization City BUFFALO State/Province NY ZIP /PC 14204 Country USA) Foreign Day Phone (716) - x Evening Phone Fax Mobile # No Addresses are linked to this Application No Addresses are linked to this Application ... .............. ......_ _........... ...... SIGNS Building Application APPLICATION FEE S16N PERMIT FEE ZONING BOARD FEE There are no Review Activities for this Report No Conditions [ Work Done by Owner FLAT FEES NO. TYPE OF SIGN SIZE(S) 0 Pole Sign 1 Ground Sign 3BX48 0 Wall Sign 0 Awning Sign 0 Advertising Sign 0 Projecting Sign 0 Roof Sign Zoning District; R2 No Employee Entries No Log Entries Submitted By JAMES CARR Status ' Paid Oate jn U 25.00 U 75.00 A 75.00 Total Unpaid 175.00 Total Paid 0.00 ® Zoning Board of Appeals Work Without Permit (FINE) TOTAL SQ.FT. HEIGHT 0 0.0 _ 12 6.0 0 0 0 0 W 0 Page 3 I - A NDiNA, A f � K S C� � S PROACT SH HE "9 CENTER 151 ST, jO! N BAP I ,T H(X PlCi:- NY 14224 BUFFALO HOU'S'F, N IONETAX 107-0192, , Yv 117 MAPL E S I LWFNSE WWI SUFFALCI NEW WW', I JIM KAMMYNSKi Of C T Al � mg ................... SY F! 11 A V r C F 1 b 11 G L F FA t t NO I - A NDiNA, A f � K S C� � S PROACT SH HE "9 CENTER 151 ST, jO! N BAP I ,T H(X PlCi:- NY 14224 BUFFALO HOU'S'F, N IONETAX 107-0192, , Yv 117 MAPL E S I LWFNSE WWI SUFFALCI NEW WW', I JIM KAMMYNSKi Of 2 � « I N \ 670C,<4 E FENCE f' FIRE Svc. y ro' '4.[CzH UJOC7D STOC<AC?E r AB METER ' 4 4° DO3'ESTIG U1ATEi+,' SVC.. L — N W FEN CE SET 1' INSI DE OF ELEGtRIG, GABLE FRCiDERTY LW A E (TYPlG_J TELEPNaNE "' Y�L�C Pl - Si G45 Sv,.,. � SEE AR 1 -- -` D OS . ES s - -- ` - I w - - -- cars. F,.D 25' i�'EAR ; ETE3AGK L!N Asc;�1CA � r- CGESS 12r P �T�vACK LINE � —.\ � = � � 1 -- -- r 4' tiJHkTE S�i2If =lNc CONCR£'_PADS AND SERViGE (TYPICAL) FOR Gi- �Ii_LEI2� ANZ> IA €42 CbNV7I0NE1 e SEE DI2. moo PORCH AREA ° 5' CONCR X ETE" VEF',F : DIMENSIONS �\! G1�a WAL< EQUIP IFNT AND ADJUST AS 5' SIDE Y \• \ w REGr'JiRED SET3ACK L INE =. _ FATE = SE A FENGE DO, IGSTIG WATEf2 _ FRONT YARD \ 4 FIRE LENE Iv` f h \ Sl =T6AGK LjNE Lil 2 A�Pq LT Dl�C SEE GlO� RA P 5 AIRS U� DERGRCUND i EN VG E AND GABLE 7r SE ER \ E 8 CONCRETE A ITAE2Y j Fi` SORt'i 8' GO vGR TE i N I i S' N RETE WAL �IALK � N ,, �•' ' l \,` WALK 7 ; CNA?"fPFER Y N4 f'' r - _ -- -- - _ - . _ . ..._.. —'—f- E E - - - J 4 - r WAI-< S GIf6 - t: i i c POLE % GO GR As REQLJfRi =pi t� ✓ d .. r4 ✓ f .{ AP1'2Oi,[ // I i 1. J x 1 t �Q 1 CtRAti TE -` idNDiGAP R.41"IF'� GCNNECt TO EX €STI lGzFa _ GITY 6EWE M INT DETEC I AH L� � r —E GIa vC r s t1 1/3tJ + coo 0 . }{ G @, a .. , nl 0 110, $1 24 April 2008 Councilmember Michael J. LoCurto 1401 City Hall Buffalo, NY 1.4202 (716) 851 --5155 To Council Member LoCurto, Please find the attached petition that serves to express the strong interest of the North Buffalo community and Avery Avenue /Rolling Homes Block Club to put into action a three-way stop at the intersection of Avery Avenue: and Virgil Avenue. Currently there is just ONE stop sign located at the east side of Avery Avenue. Due to non - enforcement of parking regulations, cars park at the edges of the intersection, removing the ability to see oncoming traffic. We respectfully request that a review of this intersection be completed with an end result of a THREE -WAY stop in all directions. Implementing this community request will work to create a safer community for our families children and community residents. Thank you for your attention to this mater. I look forward to hearing from you. If you should have any questions regarding this request please do not hesitate to contact me at (H /C) 716- 361 -8225 or via email at inibeameniagara.edu . Best Regards. Michael Beam President REFERRED TO THE COMMITTEE ON LEGISLATION & CONI OF QBLIC WORKS Avery Avenue /Holling Homes Block Club PARKS AND STRE&S Avery Avenue /H®lling Homes Block Club Virgil facing south (110-stop sign) Virgil facing north (no -stop sign) Avery Ave. facing south Community Petitioi'! for in"i le�nenLat�on of � ���a Sto at ttie � intersection of Avery Avenue and Virgil Avenue. This petition serves to express the interest of the North Buffalo community and the Avery Avenue /Holling Homes Block Club to put into action a three -way stop at the intersection of Avery Avenue and Virgil Avenue Implementing this community request will work to create a safer community for our families, children, and community residents. Please print your information slowly and clearly — Thank You! i a C V 6 Name Address phone email 7— /f"?O 9 ;z) V 6 ! / 7 Lg, t 0 - O I I — cam" Y 0 q0nvi o A b 7— /f"?O Community Petition for implementation of a 3-way stop at the intersection of Avery Avenue and Virgil Avenue. This petition serves to express the interest of the North Buffalo community and the Avery Avenue /Holling Homes Block Club to put into action a three -wa sto at the intersection of Aver Avenue and Virgil Avenue. Implementing this community request will work to create a safer community for our families, children, and. community residents. Please print your information slowly and clean — Thank You! Name Address phone email A-1 P etition for im lementatioti of a 3-way stop at the intersection of Avery Avenue and Virg Avenue. This petition serves to express the interest of the North Buffalo community and the Avery Avenue /Holling Homes Block Club to put into action a three -wa_y stop at the intersection of Aver Avenue and Vir it Avenue. Implementing this community request will work to create a safer community for our families, children, and community residents. Please print your information slowly and clearly -- Thank You! I f Name Address phone email t/'✓" 4' G �'�'f.�id`f` �'... -. I/f 1 / / / VV� . ���� lll f / J ( �T p r 3 = � r � - -�`, __) f 1 MAW- Cf'iI7ii y' U nit petition for implementation of a 3 -way stop at the intersection of Avery Avenue and Virgil Avenue. This petition serves to express the interest of the North Buffalo community and the Avery AvenuelHolling Homes Block Club to put into action a three-way sto at the intersection of Avery Avenue and Virgil Avenue Implementing this community request will work to create a safer community for our families, children, and community residents. Please print your information slowly and clean — Thank You! J t Name Address phone email r ,. Y� ✓r ze ,,S//j r L� "10 h jt.C.c 'FYI Cc -LL L - 1 ��_CiJ f l J r Community P et i tion for imVieme of a a"-wa - stop at the intersection of Avery Avenue and Virgil Avenue. This petition serves to express the interest of the North Buffalo community and the Avery Avenue /Holling Homes Block Club to put into action a three -way stop at the intersection of Avery Avenue and Virgil Avenue. Implementing this community request will work to create a safer community for our families, children, and community residents. Please p rint y our information slowly and clean -- Thank You! (11 f� C_ f All- Name Address phone email % ^ 4 J r 1 f � 1 Avery Avenue/Holling Homes Block Club Initiative Please print your information slowly and clearly - Thank You! Name Address phone email 11-.. 0, �2 11-.. Community P etition for im cementation of a 3-way at the intersection of Avery Avenue and Vir it Avenue. This petition serves to express the interest of the North Buffalo community and the Avery Avenue /Rolling Homes Block Club to put into action a three-way stop at the intersection of Avery Avenue and Virgil Avenue. Implementing this community request will work to create a safer community for our families, children, and community residents. Please print your information slowl and clearly — Thank You! t c. t f V r.� Name Address phone email c� S c, A C) / r - 4 6 ✓� 1X I 4 ' Z Community Petition for implementation of a 3-way stOp at t he intersection of Avery Avenue and _yLr&i1 Avenue. f1 '`' 1 ) This petition serves to express the interest of the North Buffalo community and the Avery Avenue/Holling Homes Block Club to put into action a three-wa stv �at the intersection of Avery A venue and Virgil Avenue. Implementing this community request will work to create a safer community for our families, children, and community residents. Please print your information slowly..and clearly — Thank You! I CS 10 2 Name Address phone email I A"-"P Y4 V14og I y I k77- 7 41- C - IJ12 �o2 19-2 I A"-"P Communitv Petition for implementation of a 3-way stop at the intersection of Avery Avenue and Virgil Avenue. This petition serves to express the interest of the North Buffalo community and the Avery Avenue /Holling Homes Block Club to put into action a three -waystv at the intersection of Avery Avenue and Virgil Avenue. Implementing this community request will work to create a safer community for our families, children, and community residents. Please print your information slowly and clearl — Thank You! Name Address phone email u 1);1 Community Petition for im �emen"ation o' a 3 -era stop at "he r intersection of Aver Avenue and Virg Avenue. This petition serves to express the interest of the North Buffalo community and the Avery Avenue /Holling Homes Block Club to p ut into action a three stop at the intersection of Avery Avenue and Virgil Avenue Implementing this community request will work to create a safer community for our families, children, and community residents. Please print your information slowly and clearl — Thank You! Name Address phone email - "� J Community Petition for imp lementation of a 3-way stop at the intersection of Avery Avenue and Virgil Avenue. This petition serves to express the interest of the North Buffalo community and the Avery Avenue /Rolling Homes Block Club to put into action a three-way at the intersection of Aver Avenue and Vir it Avenue. Implementing this community request will work to create a safer community for our families, children, and community residents. Please rint your information slowly and clean -- Thank You! r �f 1 Name Address phone email ii 23 ' ao .� R- _ r f a lie /V� _ ii } Community .Petition for imp lementation of . a 3-way stop at the intersection of Avery Avenue and Vir it Avenue. This petition serves to express the interest of the North Buffalo community and the Avery Avenue /Holling Homes Block Club to put into action a three-way stop at the intersection of Aver Avenue and Vir it Avenue. Implementing this community request will work to create a safer community for our families, children, and community residents. Please print your information slowly and clearly — Thank You! l 11, Name Address phone email -2 ff-4- w /4 11j�/ A/ ,1x'/r 3 - 3 PVI S J, L ; V-3 0 Avery Avenue/Holltntg Homes Block Club Initiative Please print . our information slowly and dearly - Thank You! Name Addres,43 phone email fl 75 BRIAN C. DAVIS EL1.,ICOT'L DISTRIC`P COUNCIL. MEMBER 65 NIAGARA SQUARE, ROOM 108 BUPFALO, NY 142 €12 -3322 PHONE 851 -4980 ® PAX: 851 -6576 l - raai).: lidavis(rkity- buffalo.com Web: ht tp: / /bi7iancdavis.blo8spot.com May 12, 2008 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, Now York 14202 Dear Mr. Chwalinski: Clummon clounrit City of Buffalo f COMMITTEES CIVIL SERVICE FINANCE LEGISLATION BUPTALO PLACE.' aUFFA.L.o ECONOMIC - RENAISSANCE CORPORATION Re: Petition to Stop the City of Buffalo & D'Youville College from Closing off Fargo Avenue to Motor Vehicle Traffic Please file the attached item for further discussion at the next Common Council session to be held Tuesday, May 13, 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 THE DEPARTMENT OF PUBLIC WORKS "Communication is the key for a better tomorrow" PETITION To Stop the City of Buffalo and D'Youville College From Closing Off Fargo Avenue to Motor Vehicle Traffic We the people of Fargo Avenue, the Santa Maria Towers, and Buffalo, New York oppose the City of Buffalo and D'Youville College closing off Fargo Avenue to motor vehicle traffic between Porter and Connecticut Streets in Buffalo, New York. To close Fargo Avenue further increases the response time to our community by police, fire, and ambulances in times of emergency. It is unsafe and harmful to destroy current, easy access in the north and south bound directions. "Going down the next street" to get to our homes in an emergency is outrageous to all of us. To close off Fargo Avenue is not justified by the speeding traffic around D' Youville College. The problems from speeding cars, running of stop signs, illegal parking, blocking of inter- sections, fire hydrants, and crosswalks is attributive to D'Youville College students and to other non - students attracted to D'Youville College for events and programs. What is not being considered is the higher number of emergency response tails on Fargo Avenue. Life and death responses have increased on Fargo Avenue. We have had higher rates of crime, fire, and medical emergencies over the last twenty years. "Traffic diversions do not improve our safety but instead cause difficulty and waste tune. We suggest instead better traffic enforcement, a tunnel, an elevated walkway, or a traffic light. Imposing upon us the biased safety plan for D'Youville College while doing harm to our public safety is an exclusive, unfair, and wrongful act upon our rights as resident members of this community. We.demand that Fargo Avenue continues, to remain open to motor vehicle traffic on a permanent basis. Printed Name: Vick ' pr"'V /sco Joy rurm Cz 60 A A13e Cre,� TgCC- e�e -e r4 �s C Address: Signature: z Fi,v hy t!o Gl rd i+ S 5 t�aJV�t� �7 /6 u- 7' Awe s,�p � 4 a ,I PETITION To Stop the City of Buffalo and D'Youville College From Closing Off Fargo Avenue to Motor Vehicle Tr#W, Page Two Printed Nagle: �G I ! G( 5 sAddress: 7 I Signature: 3 6 1 ,- 5 s� 1 - To (n U-c n 1`Y�2zs6n OW S 2 PWU � AS r�u ���s��� V P-Y Wk 9 s � T A C� y fl � LviijLl �/� I S Fa( L y o A v e Ile- t -D— �� '� �V•l'� j`Jy.ai 7 S ,�2l� Zcl o FAI� A--�� t 16 co N Fly ST �5 C� Regular Committees fi CIVIL SERVICE (Bonnie E. Russell, Chairperson) 1 Appt Supervisor of Maintenance I (Perm)(2" d Step)(Krathaus)(PW) (No 30, 4129) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service -0.00 Appt Account Clk Typist(Prov)(4 Step)(Doyle)(EDPI) (No 40, 4129) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service Appt Executive Director of comm. On Cit Rights (Exempt)(Rodriguez)(Comm Cit Rts) (No 42, 4129) That the above item be the same and hereby is Received and piled ADOPTED Recommended by the Committee on Civil Service FINANCE (Michael P. Kearns, Chairman) J. B. Wiley Sports Complex Partnership Agreernent (Item No. 29, C.C.P., Apr. 29, 2008) That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to enter into an agreement with the Board of Education that allows the Board of Education to manage improvement activities to take place under the HUD Grant for the Johnnie B. Wiley Sports Complex. Passed. Recominended by the Committee on TAR mw (Awj)6Mni9word\rin vl2 90 .29r.doc # Y # FRANCZYK 4 _ # COW-MBE # # # KEARNS . Loc= * * # RIVERA RUSSELL SMITH * # # I-------- - - - - -I # # [ NW - 51 * 9 _* 0 . _# [213 - 61 * * # [314 - 71 i t - l B. Davis - Support Letter for Sale of Main PI Ramp to Main PI Liberty Group (No 56,4/29) That the above itefn be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance J I V 00 81 Transfer of Funds -- Parking Violations Bureau (Item No. 119, C.C.Y., Apr. 29, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Comptroller be, and lie hereby is authorized to z-eappropriate PVB 11475006- 432001 Auditing Services to PBV 11412006- 480000 Towing; in the sum of $65,000. Passed Recommended by the Committee Cllai T'AB:rmv tAwp60 \msword\nuv\I 19A- 29c.doc a O *IaEi+F v,vsn 1 F , 1 F 1 1 y en City Deets to Provide 24 hr and Take Home City Monitor Vehicle Use (Ex V, 2 nd and 3 `d Res) (No 121,4129) That the above item be the same and hereby is Referred to the Special Committee on Budget ADOPTED Recommended by the Committee on Finance 'f. rz i f3�' � 1 U Buffalo Water Board Contract with American Water Services Operation and Maintenance, Inc. (Item No. 24, C.C.P., Apr. 15, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Common Council approve the Buffalo Water Board Contract with American Water Services Operation and Maintenance, Inc. for the operation of the water system with the terms and conditions as listed in the above communication.,aw* 44VOO Pass Recommended by the Committee on Finance TAB:rmv T :%wp6ON uword\rniv124 ISc.doc Chairman f" Aternate #2 -Supply and install new faucets, trapsltailpiece, shut off valves and piping to sinks in the two (2) V 1 floor washrooms. Supply and install new faucets on each of four (4) slob sinks in various locations in the building. Alternate #3 - Remove existing, supply and install new wall hung sink, drains, traps, shut off valves and traps in the: 2 Floor Women's Room, 1st Floor Women's Room + same for H/C Sink, 1' Floor Men's Room + same for H/C Sink. Remove existing, supply and install new pedestal sink, drains, traps, shut off valves and traps in the 18t Floor Staff Toilet Roam. I hereby certify that the foregoing is a true and correct statement of all bids received. W.C. Roberson & Sons was disqualified by Corporation Counsel because.they did not have a bid bond, therefore, L & D Johnson Plumbing & Heating, Inc., with a Base Bid of $51,546.00, add Alternate #1 for $3,124.00, add Altemate #2 for $2,586.00, add Alternate #3 for $4,670.00, for a total bid of Sixty One Thousand Nine Hundred Twenty Six and 001100 ($61,926.00) is the lowest responsible bidder in accordance with the plans and specifications. recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 30320806 445100, Buildings. Mr. Fontana moved: That the above communication from the Acting Commissionerof Public Works, Parks and Streets dated April 4, 2008, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Museum of Science, Booster Pump & Service Replacement, Job #0801, to L & D Johnson Plumbing & Heating, Inc., the lowest responsible bidder, in the Base Bid of $51,546.00, add Alternate #1 for $3,124.00, add Alternate #2 for $2,586.00, add Alternate #3 for $4,670.00 for a total bid of $61,296.00. Funds for the project are available in 30320806 445100, Buildings. PASSED AYES - 9 NOES - 0 NO. 23 REPORT OF BIDS SENECASTREEf STREET LIGHT STANDARD REPLACEMENT GROUP #683 This is to advise Your Honorable Body that I have advertised and received bids on March 19, 2008. The following bids were received: Base Bid Total Bid Price Contractor O'Connell Electric Co. $58,300.00 $61,215.00 830 Phillips Road Victor, NY 14564 South Buffalo Electric, Inc. $94,440.00 $99,162.00 1250 Broadway Street Buffalo, NY 14212 Spoth Enterprises, Inc. $96,500.00 $101,325.00 8746 Lakeshore Road Angola, NY 14006 Concrete Applied Technologies Corp. $135,000.00 $141,750.00 Dba: CATCO 1266 Townline Road Alden, NY 14004 I hereby certify that the lowest responsible bidder for the above project is O'Connell Electric Co. and f respectfully recommend that Your Honorable Body authorize a contract award to O'Connell Electric Co. in the amount of $61,215.00. (Base Bid of $58,300.00 + [5% contingency increase] $2,915.00 equals [Total Award] $61,215.00.) This Contract is a lamp sum bid, all work necessary,to complete the project has been included in the contractors bid amount. Funds for this project are available in Account #37310506- 445100. The engineer' s estimate for this work is $100,000.00. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated April 7, 2008, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Seneca Street Light Standard Replacement, to O'Connell Electric Company, the lowest responsible bidder, in the amount of $61,215.00 (Base Bid of $58,300.00 + 15% contingency increase] $2,915.00 equals [Total Award] $61,215.00). Funds for the project are available in Account #37310506 PASSED AYES -9 NOES -0 NO. 24 BUFFALO WATER BOARD CONTRACT WITH AMERICAN WATER SERVICES OPERATION AND MAINTENANCE INC. rBuffato ttached please find the First Amendment to the Management Agreement between the Buffalo Water Board and Amedcan Water ervices Operations and Maintenance, Inc. (AWS), for the operation of the water system. At their meeting of January 9, 20 h the Water Board approved an amendment to the current management contract, which included a 2 -year extension for the urpose of maintaining the uninterrupted and professional management of the System until a new professional manager is in place. he amendment does not involve any major new programs or reordering of priorities. it is primarily an extension of the existing ontract for the purpose of providing sufficient time for the Board to complete a thorough RFCURFP process to find a new manager. proper RFQIRFP process will ensure that a qualified contractor is selected and that the Board achieves the greatest possible alue for its customers. Furthermore, the 2 -year process will allow the transition to take place within a stable environment and reduce the risk of disrupting operations and or cash flow activities. In summary the Amendment includes the following items: • The existing contract terms and conditions (except as noted below) will be extended for 2 years commencing July 1, 2000 and terminating on June 30, 2010. • AWS will continue to make annual vehicle investments in the same amount as agreed during the first 5 years of the contract. • AWS will reduce its annual management fee by $280,000 and by $290,000 in the first and second years of the 2 -year extension. • The Board is currently upgrading it pumping systems. These upgrades will allow the Board to provide water service to its customers more efficiently and ultimately save hundreds of thousands of dollars in reduced electricity costs. Under the current contract AWS would derive most of the benefit from these anticipated cost reduction. The amendment fixes AWS's annual cost for power at $2,440,197 during the 2 -year extension. This will allow the Hoard to benefit from the savings that result from their capital investments. • AWS has agreed to upgrade its customer service area to provide increased privacy for customers making special payment arrangements. AWS will make reasonable efforts to employ one or more students living in the City of Buffalo during the 2 -year extension for an annual amount not to exceed $30,000. • AWS will hire another full time employeelindependent contractor to assist in the management of the System. • AWS will provide annual financial support up to $30,000 during the 2 -year extension for youth programs, scholarships, or neighborhood improvement projects. • AWS will implement improved payment verification processes. • AWS has agreed to work cooperatively with the City, BSA, Division of Water, and Audit Department to identify improvements to the issues raised in the recently released NYS Comptroller Audit of the BSA. This may include enhanced procedures, segregation of duties, adjustment guidelines and additional information /reporting to the Board and other City Agencies. AWS will make revisions/improvement to the Billing System up to $10,000 as necessary. Under the terms of the Operation Agreement between the City of Buffalo and the Buffalo Water Board as amended August 1, 1997, the Board is requesting authorization to enter into the First Amendment to the Management Agreement between the Buffalo Water Board and AWS for the continued operation of the water system until June 30, 2010. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO 25 72 -76 PEARL. STREET STAIRCASE WITHIN CITY RIGHT OF WAY (ELLICOTT DISTRICT) Mr. Drew J. Gedra and Mr, Earl A. Ketry, owners of the Pearl Street Grill and Brewery, located at 72 -76 Pearl Street, have requested permission to encroach City Right of Way at said address. The proposed staircase and railing would connect the second floor deck and the public sidewalk. The staircase would be elevated approximately nine (9) feet above the public sidewalk at one point and occupy seven (7) feet of right of way at the point it meets the sidewalk. A minimum of over 5' of public sidewalk will remain after installation. The department of Public Works, Parks and Streets has reviewed this request with regards to the encroachment issue pursuant to Chapter 413, Section 67 (encroachment regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. The applicant also needs Preservation Board approval and is on the April 17, 2008 agenda. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary. 2. That the staircase and railing be installed exactly as shown on plans submitted to and approved by the Department of Permit & Inspection Services. Installation to be inspected and signed off by design professional. 3. That the applicant be responsible for maintenance of the encroachment as long as it remains within City Right of Way. 4. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of construction, maintenance, use or removal of said staircase and railing. Mr. Fontana moved That the application of Drew Gendra and Earl A. Ketry, owners of the Pear Street Grill and Brewery, Located at 71 -7 Pearl Street to obtain a "mere encroachment' is hereby approved by the Common Council subject to the approval of the Planning Board PASSED AYES - 9 NOES -0 NO 26 CERTIFICATE OF APPOINTMENT Appointment Effective 4/7/2008 in the Department of Public Works Division of Engineering to the Position of Street Repair Worker Temporary, Non - competitive at the starting salary of $28,817 Salvatore Howard, 149 Southside Pkwy, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO 27 CHANGE ORDER FOR CONTRACT #93000079 CITYWIDE SURVEILLANCE CAMERA PROJECT I hereby submit to Your Honorable Body the following changes for the Citywide Surveillance Camera Project, Contract #93000079: Request to increase contract encumbrance for Johnson Controls to provide expansion of the current surveillance system for the purchase of three (3) additional cameras, an additional command control station center, and integrated camera system adaptable f Thu buffalo Commen counrit MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SO UTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, ICY 14202 - 3:318 PHONE: (716) 851 -5169 s FAX: (716) 851 -4294 E -mail: rnkeains(ocity- buffaloxom May 13, 2008 Oluwole A. McFoy Buffalo Water Board 502 City Hall Buffalo, New York 14202 r { CHAIRMAN FINANCE WATERFRONT []WfLOf MENT COMMITTEES BUDGET BURR CIVIL SFRVICE CLAIMS RUi_Es SENIOR LEGISLATIVE AssisTANT MARTI WANN MURPHY Re: Common Council approval of the Amendment Agreement between the Buffalo Water Boars! and American Water Services Operations & Maintenance, Inc. Mr. McFoy: The Buffalo Common Council has been asked to approve an amendment that, among other things, would extend. the Management Agreement between AWS and the Buffalo Water Board. for an additional two years. As you are awa.Se, the current Management Agreement is set to expire orL July 1, 2008. Many have expressed serious concern regarding the way in which the Buffalo Water System is currently being managed. Numerous ratepayers have contacted Members of the Common Council to urge us to withhold our approval of this Amendment Agreement, or alternatively, to extend the Management Agreement for a shorter duration than the two years presently stipulated. Common Council Members are advocates of the residents of the City of Buffalo and have a duty to address these concerns and protect the interests of City residents. To this end, the Common Council respectfully requests that the Buffalo Water Board commit to enacting two initiatives in conjunction. with Common Council approval of the Water System Operating Agreement extension: I . Implementation of a Ratepayer Bill of Rights similar to the enclosure attached hereto 2. Insertion of a new paragraph in the Amendment Agreement that reaffirms the requirement that the water service provider, American Water Services, track, monitor and report monthly, all customer service complaints. The existing Management Agreement in Appendix C, Section B, Paragraph 1, Parts n and p, already mandates submission of "f complaints received and how they were addressed" and "[c]ustomer service issues and discussion of performance against established measurements" as part of the Buffalo Water System Monthly Operation's Report for Water Quality Issues, however this information has not appeared as stipulated in Management Agreement. _ � For the People' rf These actions will hopefully allay many of the concerns of those who oppose extension of the Management Agreement and increase public confidence in both the Buffalo Water Board and the current management of the Buffalo Water System. On behalf of the Members of the Common Council, we thank you for your continuing attention to this matter. Please feel free to contact me at 851 -5161 if you have any questions regarding the above. Sincerely, ichael P. Kearns South District Common Council Member CC: Charles Martorana, Esq. Steven J. Stepniak, Acting Commissioner James Campolong Enc. Water Ratepayer Bill of Rights City of Buffalo, NY Basic Entitlements 1. Ratepayers shall be furnished with a copy of this Water Ratepayer Bill of Rights, at no charge, once annually between the months of January and March. 2. Ratepayers with accounts in good standing shall be provided with clean, potable drinking water. 3. Ratepayers shall be treated fairly and with respect by the water service provider. Regulations, Policies Pro rams & Protections 4. Ratepayers shall be afforded access to applicable regulations and policies pertaining to obtaining water service in the City of Buffalo, as well as a summary of special protections and programs that may be available to help the elderly, blind, disabled, those on Supplemental Social Security Income or additional state payments, or that otherwise may allow ratepayers to lower their water bill. This information may be obtained by accessing the City of Buffalo homepage at htip:llwww,city- huffalo.coni, from the Business Office of the water service provider and telephonically or by mail at the locations stated herein, whereupon a copy will be mailed to the ratepayer within five (5) business days. Customer Service 5. Ratepayers shall be afforded an opportunity to speak with the water service provider telephonically or by visiting the business office of the water service provider and should be prepared to reference their water service account number. Ratepayers may contact a customer service representative to request detailed information regarding the status of their account, an explanation of any water service bill or notice that they have received, or to provide notification to the water service provider that they would like to dispute all or part of their bill. Emergencies 6. All water service related emergencies should be reported to the water service provider by telephone 7 -days a week, 24 -hours a day at 716- 851 -4747. Business Locations Hours of Operation & Contact Information 7. Ratepayers may contact a representative of the water service provider to discuss their account(s) from Monday through Friday between the hours of 8:30am to 4:15pm, except on Holidays, at the Billing Office located at 281 Exchange Street, Buffalo, New York 14204, or by telephone at 716 - 847 -1065. Billin Procedures and Account Adjustments 8. Ratepayers shall be mailed a copy of their monthly (metered accounts) or quarterly (flat -rate accounts) water bill for the current billing period listing the period of usage, the amount of water used, the date payment is due, the total amount due, any additional charges, fees or adjustments included in their total bill and for ;metered accounts, the date of the next scheduled meter reading. The billing shall also provide notice of when their water bill will become past due, when their account will begin to incur additional charges, fees, surcharges, taxes or penalties, and when water service will be scheduled for shut -off due to non - payment including the date on which shut -off is scheduled to occur, the minimum payment to avoid shut -off and the date by which such payment must be received. Any "Shut -Off Notice" must also inform you that if you heat your home with water or steam, that your water service will not be shut -off for non - payment during the winter months which are classified as November I" through April 15'x'. Notice to Third-Party Designees 9. Ratepayers may designate a third party to receive duplicate copies of all bills and notices associated with their aecount(s) by providing written notice and authorization to the water service provider, at the locations stated herein. Valid third party designations must in writing and signed by the ratepayer, and must include the name, address and telephone number of the third -party designee. Third party designations shall become effective as of the next scheduled billing period. Lost Bills and Notices 10. Ratepayers may request a duplicate copy of any current water bill or notice, associated with their account(s) free of charge, at the locations stated herein. Telephone and mail requests will be responded to within five (5) business days of receipt by the water service provider. Discontinuation of Service 11. Ratepayers may discontinue their water service and thereby deactivate their water service account by providing valid notice to the water service provider, at the locations stated he Valid notice shall be evidenced by appearing in person with appropriate identification at the Business Office of the water service provider, or in writing by certified mail return receipt requested to include a notarized request to discontinue service together with a copy of the ratepayer's New York State Driver's License or .Identification Card. Ratepayers who have made proper notice to discontinue their water service and deactivate their account, or who have had their water service shut -off due to non- payment, will continue to be obligated to pay any amounts in arrears as well as interest and penalties until their account is made current, but will not incur any other new charges to their water service account. Bill Pavment 12 Payments may be made by cash, check or money order in person at the Business Office of the water service provider or at the City of Buffalo Division of Treasury located at Rm. 117, City Hall, Buffalo, New York 14202, by mail to these locations using a check or money order. Alternatively, payment may be made electronically by credit card at the City of'Buffalo website at htW:11www.city- buffalo.com or by phone at 716 -852 -0197, and by credit or debit card in person at the Exchange Street location only. BillinLy Disputes 13. Ratepayers may dispute any or all of the charges, fees, surcharges, adjustments, taxes or other items within thirty (30) days of their appearing on their water use billing at the locations stated herein. Any associated termination or turn -off of water service will be postponed pending resolution of the billing dispute. Ratepayers nonetheless, are obligated to pay all charges on their water use billing that are not in dispute. Pavrrtent Plans 14. All ratepayers are obligated to pay their water use bill(s) in a timely fashion. However, in certain circumstances on a case -by -case basis, the Buffalo Water Board may approve a ratepayer's request to establish a payment plan to keep their account current. For additional information on Payment Plans, ratepayers are encouraged to contact the Business Office of the water service provider. Prover Identification 15. Ratepayers shall have right and are encouraged to request that any person purporting to be a representative of the City or its water service provider furnish proper identification before being allowed to enter their property. Ratepayers may verify the authenticity of such person(s) by contacting; a customer service representative of the water service provider at 716- 851 -4747. ' BUFFALO WATER BOARD /Ssr: j 65 Niagara Square e 602 City Hall �- Buffalo, New York 14202 -3306 Phone: (716) 851 -4766 + Fax: (716) 851 -4772 May 9, 2008 The Honorable Michael P. Kearns Chairman, Finance Committee Buffalo Common Council 1401 City Hall Buffalo, New York 14202 Re: Buffalo Water Board Dear Councilmember Kearns: Thank you for your letter dated May 7, 2008 relating to Common Council concerns in respect of the First Amendment to the Management Agreement between the Buffalo Water Board and American Water Services Operation & Maintenance, Inc. I would be pleased to respond to the points raised in your letter and would comment accordingly: `Why would a $120, 000 `ceiling' be set, but no floor' for the amount of money AWES' will spend for the purchase or lease of Vehicles per Contract Year? • The original agreement stipulated that AWS was required to spend a minimum of $600,000 on the purchase or lease of vehicles over the full term of the 5 -year agreement. it was specified that AWS would not be required to spend more than $120,000 in any Contract year. However at the end of the 5 -year period their total expenditure including purchase, lease, repair and maintenance must be at least $1,604,000 of which the purchase /lease element would equal a maximum of $600,000 (5 x 120,000). If for any reason the total sum of $1,604,000 was not spent then the contract stipulates that AWS must refund any shortfall to the Water Board. Within the contract amendment the above figures were pro -rated to reflect the additional 2- year contract period. This being the case the original $600,000 becomes $840,000 and the `minimum aggregate' moves from $1,604,000 to $2,245,600. Over the full 7 -year period of the contract AWS would be committed to a total of $2,245,600 in respect of this part of the contract. The Honorable Michael P. Kearns, Chair May 9, 2008 Page 2 of 4 `Why would a .$30, 000 `ceiling' be set, but no floor', for the amount of money that AWS will spend per Contract Year to hire student(s)? • This item did not appear in the original contract and it is a voluntary inclusion from AWS to indicate their support of the local community they are operating within. AWS is committed, as stated by Jim Campolong (AWS, Project Manager), at the Council Finance Committee meeting, to spend the money allocated in this area and the Representative will work cooperatively with AWS to maximize this initiative. Who would the Representative be that will be responsible for approving how much of the $30,000 will be spent, how many students) will be hired and which student(s) will be hired by AWS per contract year? • The Commissioner of Public Works would be the `Representative' (per section 7.5 of Management Agreement). The intention is to try and spend the allotted sum of $30,000. AWS will spearhead the initiative, update the Water Board accordingly and seek assistance by including members from the community at large. it is not determined at this stage how many students will be hired and it will be easier to address this when the process is underway. Would the City or Common Council be consulted when the Representative makes decisions regarding the hiring of students? • The Representative, on behalf of the Water Board, will work cooperatively with the Common. Council and the City to develop a process to promote AWS' commitment to hire students) and to ensure the relevant job qualifications are satisfied. Why would it be necessary for AWS to hire a full time employee or to retain a full -time independent contractor to assist with the management of the Buffalo Water System? • Exhibit C (A3) of the Management Agreement stipulates that AWS will retain a minimum of 4 full -time employees; this position makes 5 in total_ The cost of this position is being met solely by AWS and represents added value for the Water Board. Furthermore, AWS has already engaged this individual and he is currently working on management of the water system. Apart from `assisting with the management of the system', what would the specific responsibilities of this full -time employee or independent contractor be? • He is solely assisting with the management of the system, specifically this relates to Quality Assurance and Quality Control to support the meeting of contractual goals. Why would a $30 000 `ceiling' be set, but no floor', for the amount of money that AWS will spend per Contract Year to one or more community benefit programs? • This item did not appear in the original contract and it is a voluntary inclusion from AWS to indicate their support of the local community they are operating within. AWS is committed to attempt to spend the money allocated in this area and the Representative will work cooperatively with AWS to maximize this initiative. The Honorable Michael P. Kearns, Chair May 9, 2008 Page 3 of 4 Who would be responsible for deciding how much of the $30, 000 set aside will he .spent, how many community benefits programs will be funded and which community benefit programs will be funded by .4 WS per Contract Year? • AWS would welcome Agencies and Community leaders making them aware of the various programs that exist within their designated areas. Based on the level of response and the content they will then establish evaluation criteria and make their decisions accordingly. Would the City or Common Council be consulted when decisions are made regarding funding of community benefit programs? • AWS will seek input from the Common Council members in accordance with identifying the community programs currently in existence (per above bullet point). When did the Water Board f le the audit with the City Clerk for review by the Common Council? The document was made public in Nov. 2007 and related to the Sewer Authority and not specifically the Water Board. It is my understanding the BSA has supplied a copy to the City Clerk. Why, when a Public Hearing was recently conducted by the Common Council in which a large number of residents voiced complaints in regard to the calculation of arrears on their water bills, would Paragraph 12 be included in the Amendment Agreement when it appears to confirm that problems exist with the application of interest on water bills? • Paragraph 12 was added to the First Amendment to address technical concerns presented by the November, 2007 State Comptroller's audit about how interest charges were applied to invoices by the Oasis billing system on behalf of the Buffalo Sewer Authority. The regulations of the Buffalo Sewer Authority and the Buffalo Water Board require, in accordance with State law, that late charges be imposed in the same manner as late charges for delinquent real property taxes established by the City Charter. Paragraph 12 requires AWS to develop procedures to ensure the Oasis billing system complies with this requirement. This is not a response to the statements presented at the public hearing. The Buffalo Municipal Water Finance Authority has recently approved the refinancing of approximately $63 million in revenue bonds, which is scheduled for sale next week. The Rating Agency (S &P) and Underwriters have expressed concern regarding the upcoming expiration of the Management Agreement and specifically, the lack of approval for the agreement to be extended. This could result in a deterioration of our credit rating and an increased debt cost to the Water Board, which obviously we are keen to avoid. The Honorable Michael P. Kearns, Chair Y May 9, 2008 f Page 4 of a ', The Buffalo Water Board looks forward to working cooperatively with the Buffalo Common Council and the administration in the future to fulfill its mission to the people of Buffalo. Accordingly, we respectfully request that the Common Council approve the First Amendment to the Management Agreement at its May 13, 2008 Meeting. Thank you for your consideration. Very truly yours, BUFFALO WATER BOARD L McF�- Chairman Cc: The City Clerk The Honorable Byron W. Brown Commissioner Steven Stepniak Buffalo Water Board NOCHAEL P. KrA.i NS PRESIDENT 65 NIAGARA 5C?UAFE, 141) 1 CITY HALL BUFFALO, N� i4202 -;,118 PHGii1c: (716) 351 -5169 #- FAX: (, l )i 331 -4294 f' -mai(: ti�kearr�sr� city- i�uf #alo.carn FINANCE %/VA` FRS=RG ^e E Gf VEI_C.)PmEN7 BUDGET BURN CIVIL SUIRMCE CLAIjti15 RULES May 7, 2008 Oluvvole A. McFoy Buffalo Water Board 502 City Hall Buffalo, New York 14202 Mr. McI° oy: 5timOR }ECISLAME ASsiSTAN1 MARTHA -ANN MURPHY As discussed in a meeting with Charles Matorana on 05101108, 1 am writing to inform you that the Common Council harbors concerns regarding the first Amendment ( "Amendment Agreement ") to the Management Agreement between the Buffalo Water Board and American Water Services Operations & Maintenance, Inc. ( "AWS ") that was approved at the 01109/08 meeting of the Buffalo Water Board. In particular, the Common Council seeks additional information in regards to the provisions of Paragraph 3 of the Amendment Agreement, Paragraph 7 of the Amendment Agreement, Paragraph II(c) of the Amendment Agreement and Paragraph 12 of the Amendment Agreement. Pursuant to Paragraph 3 of the Amendment Agreement, Section 2.7(d) - would be deleted in its entirety from the Management Agreement and replaced with language stating that, amongst other things, "AWS shall not be required to spend more than One Hundred Twenty Thousand dollars ($120,000) for the purchase or lease of Vehicles in any Contract Year." The Common Council requests clarification in regards to: Why would a $120,000 "ceiling" be set, but no "floor," for the amount of money that AWS will spend for the purchase or lease of Vehicles per Contract Year? Pursuant to Paragraph 7 of the Amendment Agreement, Section 6.37 would be added to Article 6 of the Management Agreement which states in relevant part that "AWS shall use reasonable efforts to hire and employ one or more students residing in the City of Buffalo ... The total cost to AWS for all students hired pursuant to this section shall not exceed thirty thousand dollars ($30,000) per Contract Year. Student(s) shall be selected after consultation with and subject to the approval of the Representative." "For the P eople "I T he Common Council requests clarification in regards to: � Why would a $30,000 "ceiling" be set, but r=o "floor," for tho amount of money that AWS will spend per Contract Year to Dire student's)? Who would the Representative be that will be responsible for approving how much of the $30,000 will be spent, how many student(s) will be hired and which student(,) will be hired by AWS per Contract Year? Would the City or the Common Council be consulted when the Representative makes decisions regarding the hiring of students? Section 6.38 would also be added to Article 6 of the Management Agreement pursuant to Paragraph 7 of the Amendment Agreement. This section states in relevant part that "In addition to AWS staffing requirements ... AWS shall hire a full - time employee or retain a full -time independent contractor who shall be assigned to assist with the management of the system." The Common Council requests clarification in regards to: ® Why would it be necessary for AWS to hire a full time employee or retain a full -time independent contractor to assist with the management of the Buffalo Water System? Apart from "assist[ing] with the management of the system," what would the specific responsibilities of this full -time employee or independent contractor be? Section 6.39 would additionally be added to Article 6 of the Managezxaent Agreement pursuant to Paragraph 7 of the Amendment Agreement. This section states in relevant part that "AWS shall provide financial support to one or more community benefit programs in the City of Buffalo at an aggregate cost to AWS not to exceed thirty thousand dollars ($30,000) ... which may include supporting community youth group programs, directly or indirectly providing one --year college scholarships to youths residing in the City of Buffalo or providing schools and /or neighborhood associations in the City of Buffalo with financial support for neighborhood improvement projects." The Common Council desires clarification in regards to: ® Why would a $30,000 "ceiling" be set, but no "floor," for the amount of money that AWS will provide each Contract Year to one or more community benefit programs? * Who would be responsible for deciding how much of the $30,000 set aside will be spent, how many community benefit programs will be funded and which community benefit programs will be funded by AWS per Contract Year? ® Would the City or the Common Council be consulted when decisions are made regarding funding of community benefit programs? Paragraph 11(c) of the Amendment Agreement states that "Within 30 days of the effective date of this Amendment, AWS will commence consultation with the Water Board and Sewer Authority to indentify procedures and guidelines which address the issues raised In the auC�W o1" the INe York Statc office of t17e State Co iptrc3liex d�atzd r f.. November 2007," The Common Council desires clarification in regards to: When did the Water Board filed this audit with the City Clerk for rcvicw by the Common Council? Paragraph 12 of the Amendment Agreement states that "AWS shall develop and recommend to the Water Board and Sewer Authority suggested revisions to the procedures for collection so as to charge interest to delinquent customer accounts in accordance with Water Board regulations and Sewer Board Schedule of sewer rents. AWS shall recommend a plan to upgrade its Oasis Billing System in order to undertake any revisions to procedures suggested pursuant to this paragraph." The Common Council desires clarification in regards to: Why, when a Public Hearing was recently conducted by the Common Council in which a large number of residents voiced complaints in regards to the calculation of arrearages on their water bills, would Paragraph 12 be included in the Amendment Agreement when it appears to confirm that problems exist with the application of interest on water bill arrearages? The Common Council appreciates your immediate attention to this natter. Please feel free to contact me at 851 -5161 if you have any questions in regard to this request. Sincerely, �} Michael P. Kearns South District Common Council Member CC: Charles Matorana, Esq. Steven J. Stepniak, Acting Commissioner Jaynes Carnpolong Enc. *AYES` NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA * RUSSELL SMITH [-------- - - - - -] [ MA7 - 51 * 4 * 0 [213 - 6] [314 - 7] 1 CIS 4 Ji Report of Auction 9122107 -771 .Fillmore (Fill)(Strat .Plan) (No 8, 4/ 1) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Coininittee on Finance q 5 Results - --Real Estate Auction — September 22, 2007. (Item No. 15, C.C.P., Mar. 4, 2008) That the Common Council approve the sale and transfer of title for 105 Schutrum to Laquest Walker, in the amount of one thousand and two hundred dollars ($1,200.00), as attached to the above communication to the bidders listed in accordance with the terms and conditions of the sale. That the Office of Strategic PIanning be authorized to prepare the necessary docurnents 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 offers were submitted. That the remaining properties be recommitted to the Committee on Finance. Passed f CMS I P ✓A g -A - rV f /P Recommended by the Committee o/Fi Chairman TAB:rmv TAwpWnrswordlrinv1150 -4 c.doc i� # # IIh # # # aE iF iE f iF 1F # �k # # * # ae gk (�► ! # r - s r d� u 6 - 1 6.a 6r Results — Real Estate Auction --- September 22, 2007, 31 Koons (Item No. 14, C.C.P., Jan. 22, 2008) (Item No. 57, C.C.P., Feb. 5, 2008) That the Common Council approve the sale and transfer of title for 31 Koons to Barry Edgerton, in the amount of five hundred dollars ($500.00), as attached to the above communication to the bidders listed in accordance with the terms and conditions of the sale. 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 offers were submitted.. That the remaining properties be recommitted to the Committee on Finance. Passed -� j I <'D n ;" S } Recommended by the Committee on Fji Chairman TAB:mv T :hvp61)lmswordlmiv\S?c2- 5c.doe *AYE'S NO DAVIS * * FONTANA * * * , FR ANCZYK GOLOMBEK KEARNS LOCURTO * ` RIVERA * *_ RUSSELL` * * * SMITH * * * [-------- - - - - -] [ MAJ - 51 * 9 0 ' [ 2/3 - 61 [3l4 - 71 Results -- Real Estate Auction — September 22, 2007, 325 Koons, etc. J (Item No. 3, C.C.P., Dec. 26, 2007) (Item No. 60, C.C.P., Feb. 5, 2008) That the Common Council approves the sales and transfers of titles ,for 325 Koons transferred to .Tamar McDuffie, in the amount of two hundred dollars ($200.00), 288 Hudson transferred to Jose Lorenzo, in the amount of ten thousand and one hundred dollars ($10,100.00), 1002 Fillmore transferred to Matthew Meyer, in the amount of seven hundred dollars ($700.00), 58 Schreck transferred to Matthew Meyer, in the amount of seven hundred dollars ($700.00), 211 Lombard transferred to Matthew Meyer in the amount of three thousand and five hundred dollars ($3,500.00), as attached to the above communication to the bidders listed in accordance with the terms and conditions of the sale. 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 offers were submitted. That the remaining properties be recommitted to the Committee on Finance. Passed Recommended by the Committee-on TAB:rinv ` Awp60Vnswordlmiv160c2- 5c.doc *AYE* N O_..*. DAVIS * *_ * * * FONTANA , FRANCZYK * '� GOLOMBEK * * * KEARNS LOCURTO * * * RIVERA * * * RUSSELL * '� * * * SMITH_ T * * * [------ --- - - -- CMAJ- 51 * g p [ 213 — s a [314 - 7] flo _' Greater Transparency in Government (No 15,910 That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on. Finance COMMUNITY DEVELOPMENT (Michael J. LoCurto, Chairman) Designate Redeveloper — True Bethel Baptist Church — 275 -279 and 549 Winslow (Item No. 14, C.C.P., Apr. 29, 2008) That the above itch be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Common Council does hereby designate True Bethel Baptist Church and/or corporation, partnership, or other legal entity as the qualified and eligible Redeveloper of 275 -279 Kehr and 549 Winslow for a period of six (6) months subject to the conditions listed in the above communi cation. I? a n , ed `"'�° PASSED Recommended by the Committee on Community Development Chain i TAB:rmv t A wpOl )lmsword \rniv\I4c4- 29e..(Joe *AYE* N R&V-IS- ,FRANCZYK WHU 2 M LE K KFAMS - - RIVERA 0 W RUSSELL- SMr -------------- [mm- 51 # 9 0 [213 6] [314 7] f : PM'; 0) Report of Auction — September 22, 2007 227 Strauss (Item No. 16, C.C.P., Apr. 19, 2008) That the offer from Mr. William Fowler and Mrs. Betty Fowler, 471 Linwood in the sunk of four hundred dollars ($400.00) to purchase the property described as 227 Strauss, be and hereby is accepted; and That the purchase has also agreed to pay for all closing costs associated with the transfer of title; 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 bids were submitted. Passed. Recommended by the Committee on Community Development M Chairn n TAK rn »v t':VvpO0\i sword\nnvAI U 4- 29c.doc 0 W *1� � � d �IF iF iF 1E dF CIF �E 9F �F �! iF' W y a . ' G7 �l�I� +�I�t� Q �t *lir i �I1 1D L� t z � + �� � �. �.+ v ,_ . � f Resolution f)n Sonwil Distribution Ctr- Shift of Operations (EDPI) (Com 39, •4129) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Community Development NYSDEC- Brownfield Cleanup -229 Elk St(Fill) (No 61, 4129) That the above itern be the same and hereby is Received and Filed ADOPTED v ' Recommended by the Committee on Community Development J NYSDEC- Brownfield Cleanup - 85 Lee St(Fill) (No 62,4/29) That the above item be the same and hereby is Received and Filed ADOPTED Z 4f Z ; Recommended by the Committee on Community Development J �( b NYSDEC -COB Draft Local WIFroDt Revitalization Plan (No 63, 4129) That the above item be the same and hereby is Referred to the Special Committee on Waterfront ADOPTED Recommended by the Committee on Community Development is /! OO H A _74 5 'F lJ A.Jaros- Kaleida Health- Proposed Plan- Diagnostic and Treatment Center (No 55, 4115) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Community Development LEGISLATION (Joseph Golombek Jr., Chairman) C0 P. Lalley, Petition to use 2134 Seneca Street — Outdoor Cafe } (Itern No. 66, C.C.P., Apr. 29, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the petition of P. Lalley, owner, for permission to use 2134 Seneca Street to place an outdoor cafe (25' x 30') on private property to the side of an existing; sit -in restaurant "Blackthorn" with a 6' high fence and gate around it ire, and hereby is approved. Passed. i Recommended by the Committee on Legislation Chairman TAB:rmv t:\xvp601ms ardl:rnM66c4- 29c.doc 9A r; *AYE* lyO DDS KEARNS S, �iTiL i iA T y R T -------------- [314 - 71 P. Gregory, Petition to use 175 Division South - Parking Lot l (Item No. 67, C.C.P., Apr. 29, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golonlbek moved: That after the public hearing before the Committee on Legislation on April 22, 2008, the petition of P. Gregory, agent, for permission to use 175 Division South for a 150 car parking lot be, and hereby is aid. R ;C Recommended by the Committee on Legislation )�� _ - hairman TAB:rmv tAwp 60\Tnswordl:rmv161c4 -29c, doc 1) I QO" X{ D. Moeller, Petition to use 120 Broadway Pole Sign (Item No. 69, C.C.P., Apr. 29, 2008) ` That after the Public hearing before the Committee on Legislation on May 6, 2008, the petition of D. Moeller, agent, for permission to use 120 Broadway for an existing pole sign for a new, smaller illuminated sign be, and hereby is approved on the condition that it use the existing foundation and pole. Passed. Recommended by the Committee on Legislation � � Ch.airn�an TAB : rniv tawp60 1gnsword\:nnvlb9c4- 29c.doe L II +FI�� * 1 * �� , P. Johnson, Petition to use 765 Elmwood to Expand an Existing Restaurant r (Item No. 70, C.C.P., Apr. 29, 2008) r That after the public hearing before the Committee on Legislation on May 6, 2008, the petition of P. Johnson, agent, for permission to expand an existing restaurant and sidewalk cafe at 765 Elmwood be, and hereby is approved. Passed. Recon7mended by the Cormnhittc.e on Legislation ` F �� Chairman TAB:rm L :hvp661m,gm)rdl:niM70c4- 29c.doe /1 L.V W a F iF � 1F IF � dE W A 1F L 1F In m r E E E E E p i d d W a F iF � 1F IF � dE W A 1F L 1F In m r E E E E E 0 00 .ID: Appointment of Crystal Rodriquez — Executive Director of Commission on Citizens' Rights & Community Relations (Item No. 1, C,C.P., Apr. 29, 200 8) That the appointment of Crystal Rodriquez — Executive Director of Commission on Citizens' Rights & Cornmunity Relations be, and hereby is approved on the condition that she does not owe any outstanding liens to the City of Buffalo. Adopted Recommended by the Committee on Legislation c ' - -- C air nan TAB:mNA t:Iwp6fAn1swordlr1nvl3 c4- 29e.doc COB Living Wage Common Annual Report for 2007 (No 51, 4129) That the above item be the same and hereby is Received and Filed. ADOPTED r � Recommended by the Special Committee on Legislation 1 t 20082009 Annual Action Plan (Item No. 52, C.G.P., Apr. 29, 2008) That the Common Council adopts the 2008 -2009 Annual Action Plan.' Adopted Recommended by the Committee on Legislation r:Rnv T:1wp60 LsNvordtmiv�52a4- 29c.doc a� � Ordinance Amendment - Chapter 413 --- Streets and Sidewalks X , (Item No, 122, C.C.P., Apr. 29, 2008) hat the =_Ord inanceAinendmelit as contained in Item No. 122; C.C.P., ` April 29,�WS, he:and the same hercb ' is approved, 5 Passed` Recommended by the Committee on Legislation Chau7nan TAB.'ranv I':l� p6[Hms�vordunv1122c4- 29c.doc Mr. Goloanbek moved that the above item be recommitted to the Committee on Legislation �r X r1 B. Davis - Parking Lot 175 S. Division � ( #47, 4/1) (No 83, 4129) ` That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Special Committee on Legislation 9�4-wws �, G. Smith, Petition to use 19 Clyde Street -- Used Car Sales (Item No. 69, C.C.P., Apr. 15, 2008) (Item No. 87, C.C.P., Apr. 29, 2008) That the above item be, and the same hereby is, retumcd to the Common Council without recommendation. Mr. Golombek moved: Tl at t e p i 'on o G. inith, n far rmiss n use\t9 to ad a of u d car es lot Npwfd hereb s approved. 1'.3d. X,6 c, Recommended by the Committee on Legislation aairinan TA I3:rmv t A%vpWjnswordl: ramv187c4 -29c. doc Mr. Golombek moved that the above item be recommitted to the Committee on Legislation •NA' N 0 0 () ' 21, 0 G Basil Group Req. for Removal of Easement -1180 Abbott Rd ( #91, 4/29)( 953, 411)( #31, 4 /15)(CC) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Special Committee on Legislation C ' i ;. 3.d P t Secondhand Dealer — 333 Connecticut Street (Item No. 40, C.C.P., Apr. 15, 2008) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Secondhand Dealer License to Ismail Smailoric d /b /a Duda Second Hand Store located at 333 Connecticut Street, Passed. Recomnnended by the Committee on Legislation % Chairma T B:rmv tAwp6(AinswordlnnvA00- 15c.doc *AYB* NO * DAVIS EQNI&NA .KEARNS. 'RNERA- RUSSELL $MITH I ------------- I (MAJ- 51 9 O! 70 61 [3/4 71 Food Store License --- 1421 Main (Item No. 33, C.C.P., Apr. 1, 2008) That the above item he, and the same hereby is returned to the Common Council without recommendation. Mr. Goloinbek moved: That p u �t to Chapter 94 o he City Code Co�nrniss' ner f I'erinit and ions i e, an 1 hereby is uthorize o grai t a Fo Store cease t L S eh located 1 Main Street d the Cloc xpress Mart). 1 1. GOY Recommended by the Committee on Legislation hairtnau. TABxmv "1':hvP60'unsword\rmvU R4-1 c.doc Mr. Golombek moved that the above item be recommitted to the Committee on Legislation RESOLUTIONS May 13, 2008 RESOLUTION f: _F By: Mr. Davis: „- 51st Annual Allentown Art Festival WI IEREAS, The Allentown Village Society, Inc., has requested permission to conduct the 51st Annual Allentown Art Festival on the weekend of June 1 4th and 15 th 2008, and WHEREAS, The purpose of the festival is to promote fine arts and crafts and support those talented individuals who create such work; and V4'REREAS, The Allentown Village Society seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and WHEREAS, Each year the Allentown. Art Festival attracts hundreds of thousands of people to the City of Buffalo, including hundreds of talented artists and craftspeople; and WHEREAS, The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter & Code of the City of Buffalo: will meet to considerthe application of the Allentown Village Society to holdthe 51 st Annual Allentown At Festival; NOW, THEREFORE, BE IT RESOLVED, This Common Council hereby grants to the Allentown Village Society, Inc. permission to conduct. the 51 st Annual Allentown Ail Festival subject to the ter nsand conditions contained herein as well as any additional terms and conditions established by the Special Events Advisory Committee. BE IT FURTHER RESOLVED, Date and Time of Event Theevent shall take place the weekend of June 14th and 15th 2008, between the hours of 11:00 A.M. and 6:00 P.M. each day and the streets wits tx; closed to general trafhcfrorn 8:00 am, until 8:00 p.m. BE IT FURTHER. RESOLVED, Event Area Tho event area shall be defined as follows: The area bounded by Sunriner Street on the north, Elmwood Avenue and South Elmwood Avenue (east side) on the west, Tracy Street (extended easterly) on the south, and Main Street (west side) on the cast. BE IT FUR` HER RESOLVED, Event .Participants The following terms and conditions shall apply to the event area: ADOPTED Art and Craft lxMbitors Art and/or craft exhibitors shall be permitted at the following locations only: Delaware Avenue between North Street and Tupper Street (east and west sides); liranlLlin Street between Allen Street and Virginia Street (one side only); Allen Street from Elmwood Avenue to Franklin Street (one side only)? Virginia Street between Delaware Avenue and Franklin Street (one side only); and Edward Street between Elmwood Avenue and Delaware Avenue (south side only). 2. A royal Process. Only art and craft exhibitors approved in accordance with the <411entown Village Society's application and selection process will be permitted to participate in the event within the event area defined above. No more than 465 art and craft exhibitors will be permitted. Exhibitors engaged in the exhibition or sale of so- called "pseudo" art and commercial exhibitors not engaged in the exhibition or sale of arts and/or crafts shall not be included in that total, 3_ Food Concessionaires and Vendors Only food concessionaires and vendors approved in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the event within the event area defined above. Such approved food concessionaires and vendors shall be located in an area determined by the Allentown Village Society in accordance the recommendation of the Commissioner of Police or his designee and the Fire Commissioner of Fine or his designee. Food concessionaires and vendors will not be permitted to operate outside of the event area. 4, Promotional Items The Allentown Village Society, at its sole discretion, may select and designate a single vendor employing a reasonable number of persons to vend balloons in the event area. The Allentown Village Society may also select and designate a single vendor to produce and sell Art Festival T-shirts, sweatshirts or similar merchandise. The Allentown Village Society in accordance with the recommendation of the Commissioner of Police or his designee and the Conunissioner of Fire or his designee shall locate such vendors. 5. Compliance with Existin Laws. Not Mthstandina the above, participant concessionaires and vendors are required to comply with all applicable city county and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk cafe's operating in accordance with Section 413 -59 of the Charter &. Code of the City of Buffalo. BE IT FINALLY RESOLVED, Remote Broadcasts Radio and television broadcasts from remote broadcast units located outside of a building regularly occupied by a radio or television station may bw permitted within the event area at the discretion of the Allentown Village Society. No such remote broadcast or telecasts shall be permitted on the public streets or out - of -doors on adjacent private property without the permission of the Allentown Village Society. Promotional activities other than those permitted by the Allentown Village Society are strictly prohibited. 2. Vendor and Exhib The AV 5 shall provide all participants with suitable identification expressly indicating that each is an authorized participant in the event. Except as herein provided, there shall be no other participants within the event area during; the event whether on public streets or out-of-door. on adjacent private property, including, but not limited to, exhibitors, concessionaires, vendors, and t' performers, individuals engaged promotional activities, fimdraising activities, displays of good or otherwise. Performances are prohibited within the event area. 3. Inflatable De vices . All temporary inflatable devices used to advertise or direct attention to a business, service, product and/or activity shall also be excluded from the event area, 4, Banners in celebration of the 51st Anniversary of the Allentown Art Festival, pennission is hereby granted for the Allentown Village Society, inc. to erect vertical banners on city light poles on Delaware Avenue between North St. and Tupper St. The banners must comply with conditions set by the Department of Works. . BRIA-N C. DAVIS P BY: MR. FRANCZYK RE: SUPPORT "GREEN" BLOCK GRANT PROGRAM WHEREAS: Cities need to "go green" in this era of ever escalating energy costs and the reality of global warming; and, WHEREAS: Toward this end, Congress recently passed the Energy Independence and Security Act which creates a special Energy Efficient and Conservation Block Grant program; and, WHEREAS: This addendum to the CDBG program authorizes up to $2-billion per year for states and municipalities for building energy conservation programs, energy audits, fuel conservation programs, building retrofits to increase energy efficiency, "Smart growth" planning (which the Common Council is already exploring) and zoning, and alternative; energy programs, as well as urban agriculture; and, WHEREAS: This "Green" CDGB program is in addition to the existing CDBG administered by HUD, and could be a source of new funding to the City of Buffalo, in addition to the CDBG the city already receives; and, WHEREAS: The Green CDBG can also be used to help cities undertake environmentally friendly initiatives, such as updating building codes, adopting renewable energy solutions, creating incentives for people to use transportation alternatives and implementing energy saving campaigns; and, WHEREAS: A. recent summit on the Green Economy at Buffalo State College as well as a series of articles on this topic published in The Buffalo News underscore that cities can play an innovative role in implementing energy conservation and environmental protection programs; and, WHEREAS: Funding for the Energy Efficiency and Conservation Block Grant is currently waiting to go through the appropriation process in Congress, and will be decided in the next few months; NOW THEREFORE BE IT RESOLVED: That the Common Council fully supports the $2-billion per year appropriation of the Energy Efficiency and Conservation Block Grant Program and urges the Western New York Congressional delegation to vote in favor of this funding; BE IT FURTHER RESOLVED: That the Department of Strategic Planning, Public Works, and the Mayor's new Sustainability Office develop an application for the new "Green" Block Grant Program if and when these funds are appropriated by Congress. C� J A00PTED e�j � () Q 0 1. 1 J By: Mr. Franczyk RE'SOLUI'ION Trailblazing Sign request for Rose Procknal Whereas: Trailblazing signs, otherwise known as honorary street names, are generally assigned to honor and commemorate noteworthy persons associated with the City of Buffalo; and Whereas: Rose Procknal emigrated from Lipsig, Germany in the early 1900'x, originally settling in Midland, Maryland; and Whereas: In 1922, Rose and her husband Andrew moved to Buffalo and settled on Katherine Street in the First Ward area ofthe City where they had fifteen children and raised their family; and Whereas: The Procknal's, despite a limited formal education, owned properties, including an apartment building, and managed a thriving restaurant business in the neighborhood. In 1939, the Courier Express honored the Procknal family in a special Father's Day article; and Whereas: Our Lady of Perpetual. Help Church on O'Connell Street was a central part of daily life fir the Procknal family. Rose Procknal believes she received two healings from God that saved her children from serious illness; and Whereas: Rose's faith, work ethic and perseverance were an inspirational example For all of her descendants. She planted the seeds and the family Nourished; and Whereas: To pay tribute to the life of Rose Procknal, the family has requested that this honorable Body place a trailblazing marker tip at the intersection of Katherine Street and O'Connell Avenue; blow, `Wherefore be it Resolved: That the Common Council joins in with the members of Procknal family in expressing its sincere appreciation to Rose Procknal for her dedication and commitment to the City of Buffalo, and especially the First Ward community; and Be it Further Resolved: That the Common Council of the City of Buffalo does hereby approve the request to place a trailblazing marker at the intersection of Katherine Street and O'Connell Avenue in honor of Rose Procknal. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMI OF PUBLIC WORKS PARKS & STREETS W T avid A. Franczyk V — Coll (`?j r ' ,a RI SOLUTION By: Mr. Kearns and Mr. Gol©mbek Re: Shared Municipal Services — Traffic Signals and Signage t <J Whereas: 'There has been talk through the years calling for local governments in Erie County to cooperate and coordinate and create regional plans that would provide for the streamlining of services. This approach would avoid duplication of services and save cities, villages and towns money; and Whereas: The City of Buffalo has the capacity to provide sign making and fabrication to the cities, towns and villages of Erie County. This service could potentially save these municipalities the expense of having to perform these duties on their own, while also being a step toward regionalism and sharing of resources with our neighboring municipalities; and Whereas: In January 2006, Lackawanna Mayor Norman Polanski sent a letter to the Common Council about the City of Lackawanna working together in the interest of`regionalism and having the City of Buffalo consider handling traffic signals and signage for Lackawanna; and Whereas: On March 7, 2006, the Common Council approved a request firoin the Department of Public Works, Parks and Streets, CCP #21, requesting Council authorization to enter into a purchase agree rent with various municipalities who would be interested in having the City of Buffalo fabricate and sell various traffic signage; Now, Therefore be it Resolved: That the Department of Public Works, Parks and Streets file with this Common Council the results of the 2006 request to the Council for authorization to enter into a purchase agreement with various municipalities; and Be it Further Resolved: That the Department of Public Works, Parks and Streets contact other cities, towns and villages in Erie County that may be interested in contracting with the City of Buffalo to design and fabricate street and traffic signage; and Be it Finally Resolved: That this item be sent to the appropriate committee for further discussion. REFERRED TO THE COMMITTEE ON LEGISLATION AND DEPAR'T'MENT OF PUBLIC WORKS J Michael P. Kearns C" 20 olnbek, Jr. q� j By: Mr. Kearns I Increased Appropriation j AIM Capital Outlay That, Pursuant to §20-11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in Capital Outlay for the current fiscal year, be and the same hereby is increased in the sum of $3,120,946. The increased appropriation will be met from AIM money. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010 — 335009 NYS Aid Incentive to Municipalities (AIM) $3 To: To meet the increased appropriation as set forth below: 16550007 — 471010 Permits & Inspections - Land Improvements $3 e /100 �'SAYE* NO DAVIS EMMA" E&&NCM QQLQMM KEARNS Log= RPAMU RUSSEL ------------- (MM- 51 9 0. [213 61 [3/4 7] RE O€ -UTION By: Mr. Kearns RE: Shift in Operations for Sonwil Distribution Center Whereas: Sonwil Distribution Center ( "Soiiwil ") has provided distribution services for over 25 years For General IviilIs with a steady volume growth of 5 to 10% per year; and Whereas: Sonwil has provided vacuum parts distribution services and remanufacturirrg services to Dyson, USA for the pest { years with an annual growth of 35% per year; and Whereas: Sonwil creeds to consolidate multiple local distribution sites; and Whereas: Sonwil is constructing a new 308,000 square foot distribution facility at the Buffalo Lakeside Commerce Park n Buffalo; and Whereas: Sonwil histributiolr Center will operate this facility as a distribution center and a rernanufacturing center; and Whereas: This new facility will enable Sonwil to consolidate smaller ]eased facilities resulting in lower distribution costs to current customers, accommodating currellt customer's anticipated growth, and to provide rail and distribution services to future potential customers; and Whereas: Based on the projected growth, Sonwil total pro ected employment increase over the next 5 years will be 30 positions created in the City of Buffalo; and Whereas: Sonwil met with local economic development officials to assigi, them in their efforts to find a location for their expansion project prior to finalizing their decision to build at Buffalo Lakeside Commerce Park. Now, Therefore, Be It Resolved That: this Common Council consents to the relocation of Sonwil Distributi011 Center from 901A and 901 B p'uhrmann Boulevard to 275 & 315 Ship Canal Parkway located in the Buffalo Empire Zone, and Be It Further Resolved, that certified copies of this resolution be forwarded to Sonwil and the buffalo Ecoomnic Renaissance corporation; and 13I.�, It Finally Resolved That: this resolution shall take effect immediately MIC11FAL P KIi:ARNS /'AS;c/' �' W .s O vn vo n ..6-4 &..A 6..J By: Messrs. LoCurto, Rivera and Golornbek Re: Ordinance Amendment Chapter 413, Streets and Sidewalks Article XM Complete Streets The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 413 of the Code of the City of Buffalo be amended to read as follows: 413 -68 Complete Streets Defined A. Complete Streets are defined as facilities that are desi ned and operated to enable safe access for all users. Persons with disabilities pedestrians, bicyclists, motorists and transit riders are able to move along and across a complete street. '413 -69 Imp] ernentafi2p ol`Com fete Streets and Exce Lions A. The Commissioner of Public Works Parks and Streets shall include pedestrian and bicycle facilities in all new street construction street reconstruction street maintenance p ublic works and park projects undertaken of Buffalo subject to the exceptions contained herein. stree C. The inclusion of bicycle and pedestrian facilities shall be mandated in all new street construction, street reconstruction and street maintenance projects undertaken by the Cit of Buffalo unless one of the followinv conditions exists: I Iq Public Works Parks and Streets. 2. The cost of establishin bikewa s or walkwa s would be dis ro ortionate to the need or robable use. Costs shall be considered di, ro ortionate for ur oses of'this section if the cost of including. bicycle and pedestrian facilities exceeds twenty of the cost of the lar ger ro'ect. file it with a ro riate su ortin y docum entation with tlpe Common Council and Bicycle and Pedestrian Advisory Board for its information and review_. 4. Where the Commissioner detenpines that the inclusion of bic Ale and /or nedestrian facilities on a roadwav would constitute a threat to the health, safety. and/or to the motorists and /or p edestrians and bic clists of the City of Buffalo. if the 4) issioner makes said determination he shall confirm it in writin r and file it with t ri2te sunnortiiw documentation with the Common Council and Bicycle and its 1 5413 -70 Plannim4, Design and Maintenance of Facilities .A. Bicycle and Pedestrian facilities will be planned, desi =necl developed and maintained in accordance with guidelines adopted by the United States Department of Transportation (USDOT) New York State Department of Transportation (NYSDOT ) and the American Association of State I flAway and Transportation Officials (AASUTO) or APPROVED AS TO FORM Asst. Corporation Counsel. NOTE: Matter underlined is new. "1'Awp60VI'ABICocmcil - Ord Aind\Chapter 433 Complctc5lrcets . doc REF IFRRI F C , �� , Yk c a.s. SIN LEGISLA 2 4)0);4) 1, i RESOLUTION Sponsor: Michael J. LoCurto RE: Requesting Traffic Study on Sterling Avenue Whereas: Family Video is opening a store on the corner of Hertel and Sterling Avenues; and Whereas: The site plan calls for a parking lot driveway on Sterling Avenue; and Whereas: The residents of Sterling Avenue; were not notified for the North Buffalo GNPA meeting to review the site plan and meet with representatives from Family Video; and Whereas: Said residents are concerned the driveway will be a safety hazard to the many children on the street; and Whereas: On any commercial strip, there needs to be a balance between commercial and residential interests; and Now Therefore Be It Resolved: The Common Council requests that the Planning Board perform a traffic study to examine the impact of the Sterling Avenue driveway; and Now Therefore Be It Finally Resolved: Copies of this resolution be sent to the City Planning Board. �aa Michael J. LoCurto BY: Ms. RUSSELL t, BUDGET AND PERSONNEL AMENDMENT 08 — DEPARTMENT OF MIS 1071 - MIS 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 08 - Management of Information Systems, 1071- MIS - which currently reads: 2 Senior Data Processing Equipment Operator $ 30,472 - $ 35,063 Is hereby amended to read: 1 Senior Data Processing Equipment Operator $ 30,472 - $ 35,063 1 Network Engineer $ 38,358 - $ 44,779 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been fled 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 ROBERT LEACH, CHIEF INFORMATION OFFICER 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. RAJENDER MEIITA DIRECTOR OF DATA PROCESSING "- 'GOMUTTEE ON FINANCE. APPROVED AS TO FORM T Cotporation Counscl 04/11/2008 Attachment _ DONNA J. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE ,� t '.1', 1 Resolution By: Mr. Smith Re: Alternative Veteran's Benefits Whereas: The City of Buffalo provides veterans exemptions to eligible wartime veterans for service during the following periods: Persian Gulf: August 2, 1990 to (open) Panama: December 20, 1989 to January 31,'1990 Lebanon June 1, 1983 to December 1, 1987 Grenada October 23, 1983 to November 21, 1983 Vietnam December 22, 1961 to May 7, 1975 Korea June 27, 1950 to January 31, 1955 WWII December 7, 1941 to December 31, 1946; and Whereas: The period from the end of WWII to the collapse of the Soviet Union, 1945 to 1 991, has been recognized as the Cold War by Congress in the 1998 National Defense Authorization act; and Whereas: In the last 10 years local municipalities have yet to add this recognition to tax exemptions for Veterans; and Whereas: Veterans exemption applications are accepted between July 1 st and December 1St Now Therefore Be It Resolved: That the City of Buffalo recognizes Cold War Veterans and make all Cold War Veterans immediately eligible for tax exemptions with the passage of this resolution; and Be It Finally Resolved: That the Department of Tax and Assessment appear at the next Legislation Committee Meeting of the Common Council to discuss the implementation of Cold War Veterans exemptions. one S P. jo A *AYE* NO DAVIS FONTANA * * * FRANCZYK_ GOLOMEEK * * * KEARNS * * * LOCURTO * RIVERA * * * RUSSELL * * * SMITH * * * {-------- - - - - -] [MAJ- 51 9 0 [213 - 61 [314 7] r A aAj 4 Rte. By Mr. Smith Re: City Contracting Resolution Whereas: Workforce Development, EEO, MBE and WBE utilization goals were established to provide parity and encourage broad based economic development to businesses and people in Buffalo and western New York; and Whereas: Currently goals are not providing enough incentive for contractors and departments to utilize a diverse economic strategy; and Whereas: Co- operation is need by all parties involved in City contracting opportunities to ensure equity in contracting; and Whereas: Some contractors take advantage of the undefined language of lowest responsible bidder and good faith effort in the City's contracting policy; and Whereas: An updated strategy is needed to truly promote broad based contracting opportunities Now Therefore Be It Resolved That: Research, dialogue and composition of legislation to make current utilization goals law be immediately undertaken; and Be It Finally Resolved That: The MBE Committee establish a taskforce to undertake this responsibility, define la guage and investigate obstacles the city currently has in contracting opporturpties. 016mone Smith Masten District Council Member REFERR TO THE MINORITY B USIN ESS ENTERPRISE SPECIAL COMMITTEE, i 3 )` . :(, 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 72nd Annaa]. Safety Conference and Trades Exhibit By Councilmember Franczyk Felicitation for 75th Anniversary of the Ukrainian "Holodomor" By Councilmember Franczyk Fontana Rivera Golombek LoCurto Davis Russell Kearns- Smith 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 RECEIVED AND FILE May 13, 2008 X- T o ut uton 010HUrd At the regular meeting of the Common Council of the City of Buffalo, held on Taaesdny, May, 13, 2008, the follorving resolution was unanimously adopted, sponsored ley Council Member David A. F'ranczyk: Whereas: In 1935, a group c?fsafety minded individuals in Western New York_foined together to discuss the importance of safety education to both workers and management an el, after several meetings, these crusaders organized the Western. New York:Safety Conference; and Whereas: It was their trim to supply inforrnation, � techniques and basic administrative assistance to . front -line supervision through an annual conference and exhibit in an effort to reduce the number of'injuries ira plants; :an Whereas: The safety group conducted theirfrst conference and exhibit in the spring of 1936 and are continuing toehold confer•enees and exhibits annually; and Whereas: This conference is attended by some 500 delegates each year an is the lcwr est gathering of ;safely- orientated and interested people in the -Eastern United States,. and Whereas: The. .Western New York ,S'crfety Conference, Inc., 'which is c•elebrcatrng: ti 72 ` Anniversary in 200 is an .independent, 'nvn- profit organization dedicated to' the conservation of human lives crud the .safety and health of the individual through the,, revention of ccident.s and occupational diseases; and " Whereas: 7'l.• e :7� ` Annual �Safc�ty C.'onference and Trades. isxhihit will lie held at t1�e'C.rrarrd island Holiday`Inn on iWay 12th, .13th, 14th and 15th, 2008. Now, Therefore Be It Resolved That. The C `ity elf 13iaffalo Common Council, do hereby proclaim May 12- 16th, 2008 as, "�S'afety Week" in the City of Buffalo and urge all citizens to SUP orl' the conference's many safety objectives during these .special days and throughout the year, I._ � i Mvid A. Frmiczyk, Council Presidelit Chwalinski, Fillirlore District, Council member City Clerk Itu of TSUCUIO At the regular ineeting of the Common Council of [lie City of Buffalo, held on Tuesday, May 13, 2008, the following resolution was unanimously adopled, ,sponsored by Fillinore District Councilmernber and Council President David A. Frmtczyk: Whereas. 2008 (narks the 75 anniversary of the Ukrainian "Holodomor" or Famine, a man -made disaster that resulted in the deaths of millions of innocent Ukrainian men, women, and children and wiped out an estimated 25 percent of the rural population of that country; and Whereas: Requisition brigade's, actin' on Soviet leader Joseph Stalin orders to ful1ill the impossibly high grain quotas, seized the 1932 crop, gften taking away the last scraps of food slarving families and children and killing those who resisted; and .. Whereas: As a result, millions of Ukrainians starved amid some of'.the world's inos•t fertile farmland while Soviet authorities prevented them from traveling to areas inhere food was more availahle; and Whereas: The Uniled Stales Governtnen I s Commission on the Ukrain an Famine concluded that former Soviet leader Joseph Stalin and his associates committed genocide against UkrainianS in ,1532 -3 using food as a political weapon to achieve the aini of suppressing any Ukrainian expression Of political and cultural identity and self - deterniination, cinrl Whereas: The Ukrainian:. Famine tivas not a result of natural causes, hut wets. instead /lie 'consequence qf' calculated, ruthless policies that fvere designed to destroy the political, cullural, and human rights of the Ukrainian people; and Whereas: Delegates of the' National'Committe.e to Coinmemorate.the 75' Anniversary of the, Ukrainian Genocide of 1932- 33 will visit Buffalo on May 15, 2008; and Whereas: The "Ukrainian Genocide Tiwh Relay" much like the Qlyinpic Run, is runnirig'thmugh countries with sizeable Ukrainian unities, Including the United States,'will.make a stop at the..Ukratnzcin Cultural Center Dnipr n, of 526 Genesee- Street, iii Buffalo at 6: 00 pm on May15, 2008; Now, Therefore, Be It Resolved. That the millions of victims gf'thc.Sov e.t engineered Ukrainian amine p1'1932 -33 he solemnly remembered acid honored the 75'�'.araniverscrry of the "Molodomoi ' and Be it Further Resolved: That this Honorable Body supports the. efforts of the Ukrainian.gover and Verkhovna Rada (the Ukrainian Parliament) to publicly acknowledge and call greater international attention tr the Ukrainian Famine. David A. Franezyk Jos P/ dolombek, Jr. Brian C. Davis Council President North District Counrilinewber' ' Ellicott District Counciltnember Richard A. Fontana. Lo e Distrie t Cain cilinenther Delaware District Councilmernber .South District Couneilnlember Cam(: r s L- avid A. A. Rivera Bonnie E. Russell Deinorrefi. Smith Niagara District Councilinernber University District Councihneinber Maslen District Councilmeniber °1 BY: DEMONE A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Rebecca Brooks Christina Kallay Jason Saramak Lynda Kulik Donald Freiing TOTAL ADOPTED 193 Joseph Malczewski Frederic Tedesco Joshua Sanders Alan Brown Walter Koch Barbara Sloma Robert Rentz Patrick McDonnell i -� ' 1:. 24 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: John Kennedy Kurt Heffle Andrew Boris Total: 8 I w O 11 Timothy Whalen Richard Finnegan Matthew Davison Timothy Elling William Burgin I J '? ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13"' floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev Committee on Legislation Tuesday, May 20, 2008 at 9:45 o'clock A.M. Tuesday, May 20, 2008 at 10:00 o'clock A.M. Tuesday, May 20, 2008 at 1:00 o'clock P.M. Tuesday, May 20, 2008 at 2:00 o'clock P.M. Special Committees (Public Disclaimer All meetin s are sub'ect to cyan e and cancellation b the respective Chairmen of Council Committees. In the event that there is sufficien time iven for notification it will be ravided. In addition there ma be meetings set up whereby the City Clerk's Office is not made aware, therefore unless we receive notice from the res eclive Chairmen we can onl make notification of what we are made aware. q.I No. 43 Adjournment On a motion by Mir. Fontana, Seconded by Mrs, the Council adjourned at J GERALD CHWALINSKI CITY CLERK May 13, 2008