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09-1124
CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, November 24, 2009 AT 2:00 P.M. Present ---- David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek, Kearns, LoCurto, Rivera, Russell & Smith - 8 Absent - None On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on November 10, 2009 were approved. *AY* NO [-------- - - - - -J [MAJ- S] [ 213 - 6 ] f3/4- 7 FONTANA FRANCZYK * * * GOLOMBEK KEARNS *_ * * �* * LOCURTO * RIVERA * * RUSSELL SMITH * * * * * * * * * ** 0 * * * Nov. 24, 2009 A li FROM THE MAYOR Nov. 24, 2009 i FROM THE MAYOR - EXECUTIVE DEPARTMENT Nov. 24, 2009 FROM THE CITY PLANNING BOARD Nov. 24, 2009 0000: # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL ....................... . ... _ _.. TO: THE COMMON COUNCIL: FROM : DEPARTMENT: DIVISION: DATE. November 19, 2009 CITY PLANNING BOARD SUBJECT: t : SEQRA Lead Agency C : 391 Washington St. E: Lafayette Hotel t: PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. , C.C.P. ) TEXT: (TYPE SINGLE SPACE BELOW) The City Planning Board at its regular meeting held Tuesday, November 4, 2009 considered the matter captioned above and voted to solicit SEQRA Lead Agency status. Prior to the implementation of the above - referenced project, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEQR, is a "Type 1 Action" for which the completion of a coordinated environmental review is required. As per Section 617.6 of the regulation an agency responsible for determining the effect of this project on the environment must designated from the involved agencies within thirty days of any notification. The City of Buffalo Planning Board at its regular meeting held Tuesday, November 17, 2009, upon learning of additional involved and interested agencies, which include the Buffalo Common Council, the Buffalo Civic Auto Ramps and the Buffalo Parking Board, now proposes that the Buffalo Common Council would better served as SEQRA Lead Agency due to potential parking considerations and necessary approvals required by the Buffalo Common Council. The City Planning Board recommends that the SEQRA process that has already begun be incorporated into the Buffalo Common Council SEQRA process and use information already solicited by the City Planning Board. The draft of the project Environmental Assessment Form and all relevant correspondence is enclosed for your review. F THE COMMITTEE N LEQtSLATION. cc: Asst. corporation Counsel Timothy Ball (11" Fl.) Planning Board Files TYPE DEPARTMENT HEAD NAME: James E. Morrell TYPE TITLE: Chairman SIGNATURE OF DEPARTMENT HEAD: ae 617.20 Appendix A �. State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no, formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knwledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact, The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially- large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions identify the Portions of EAF completed for this project: Part 1 0 Part 2 0 Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it.is reasonably determined by the lead agency that: ® A. The project Will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect an the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ® C. The project may result in one or more large and important impacts that may have a significant impact on the . environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer ign Signature of Responsible Officer in Lead Agency Sature of Preparer If different from responsible officer website Date Page 1 of 21 PART 1 -- PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and maybe subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. if information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action L -a-ltk �k°-L'L Location of Action (include Street Address, Municipality and County) Name of Applicant/Sponsorvc Address City / PO %-6 state Zip Code Business Telephone a `I Z � 14 i e Name of Owner (if different) k L.0 r U tI zA 1 � A E r-- C ° -1-f Address tA t City ! PO V state .. Zip Code Business Telephone Ie.731'.1 1F111U1 L LA nv LI V 14. Please Complete Each Question.. Indicate N.A. if not applicable r A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: Urban ® Industrial Commercial El Residential (suburban) Rural (non -farm) Forest E] Agriculture Other 2. Total acreage of project area: -- acres. PRESENTLY AFTER COMPLETION APPROXIMATE ACREAGE K Meadow or Brushland (Non - agricultural) acres acres acres acres Forested Agricultural (Includes orchards, cropland, pasture, etc.) _acres acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) acres acres acres_ acres Water Surface Area �--�" Unvegetated (Rock, earth or fill) -^• acres acres Roads, buildings and other paved surfaces aCC2S flCrf:S acres acres Other (Indicate type) 3. What is predominant soil type(s) on project site? a. Soil drainage: E] Well drained /' % of site Moderately well drained % of site. ®Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? ,._ acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? 1:1 Yes [ErNo a. What is depth to bedrock_ (in feet) 5. Approximate percentage of proposed project site with slopes: �0 -10% % 010- 15% % 15% or greater _ % 6, is project substantial) ntiguous to or contain a building, site, or district, listed on the State or National Registers of Historic Places? Yes No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Yes �No 8. What is the depth of the water table? I (in feet) g. Is site located over a primary, principal, or sole source aquifer? Yes L_-J No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? E] Yes Na f 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? DYes (allo each 12. Are there any unique or unusual land forms on the project site? (i.e., 'cliffs, dunes, other geological formations? O Yes. O No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ® Yes 11 ®Yes ONO 14. Does the present site include scenic views known to be important to the communit 15. streams within or contiguous to project area: a. Name of Stream and name of River to which it i 1 6. Lakes, ponds. wetland areas within or contiguous to p roject area: b. Size (in acres): Omma d of 31 .I.W 17. Is the site served by existing public utilities? ElYes 13 No a. If YES, does sufficient capacity exist to allow connection? ayes []No b. If YES, will improvements be necessary to allow connection? Yes 1 a. is the site located in uyla�iscl ultural district certified pursuant to Agriculture and Markets Law, Article 25 -AA, Section 303 and 3047 [ Z [No 19 . Is the site located in or substantial) c iguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 8177 11 Yes Uj "_o 20. Has the site ever been used for the disposal of solid or hazardous wastes? ® Yes ao 6, Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: acres. b. Project acreage to be developed: acres initially, acres ultimately. c. Project acreage to remain undeveloped: 0 acres. d. Length of project, in miles: (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. % f. Number of off-street parking spaces existing P , proposed g. Maximum vehicular trips generated per hour: s o (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family ondo�min� Initially LtS Ultimately i. Dimensions (in feet) of largest proposed structure: N ik height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? --ro ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? A tons/cubic yards. 3. Will disturbed areas be reclaimed 13 Yes ❑No BNIA a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Yes [No c. Will upper subsoil be stockpiled for reclamation? E] Yes 0 No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over loo years old) or other localiy- important vegetation be removed by this project? 0 Yes aNa 6. If single phase project: Anticipated period of construction: IL_ months, (including demolition) 7. If multi - phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) C. Approximate completion date of final phase: month year, d. Is phase 1 functionally dependent on subsequent phases? El Yes ® No 8, Will blasting occur during construction? 1:1 Yes 121No 9. Number of jobs generated: during construction 4 � after project is complete 10. Number of jobs eliminated by this project a 11. Will project require relocation of any projects or facilities? ® Yes O'N' o If yes, explain: 12. Is surface liquid waste disposal involved? ® Yes [3 a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged. 13. Is subsurface liquid waste disposal involved? ® Yes �No Type 14. Will surface area of an existing water body increase or decrease by proposal? ©Yes ao If yes, explain: 15, is project or any portion of project located in a 100 year flood plain? ® Yes ETN 1 6. Will the project generate solid waste? © Yes [31No a. if yes, what is the amount per month? tons b. if yes, will an existing solid waste facility be used? 1:3 Yes 13 No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? E]Yes EFNo Page 6 of 21 e, If yes, explain: a. if yes, what is the anticipated rate of disposal? , I tons /month. b. If yes, what is the anticipated site life? years. 1 B. Will project use herbicides or pesticldes7 ®Yes �No 19. Will project routinely produce odors (more than one hour per day)? ® Yes ®No 2o. Will project produce operating noise exceeding the local ambient noise levels? ® Yes [:[No 21. Will project result in an increase in energy use? ®Yes E No If yes, indicate type($) 23. Total anticipated water usage per day gallons /day. 24, Does project involve Local, State or Federal funding? Yes re No if yes, explain: 17. Will the project involve the disposal of solid waste? MYes ONo 22, If water supply is from wells, indicate pumping capacity gallons /minute. 25. Approvals Required: T ype Submittal Date CrYes E] No City, Town, Village Board GDh/�C,1 Board ffy es � No City, Town, Village Planning City, Town Zoning Board Yes No City, County Health Department ® Yes No Other Local Agencies 0 Yes No Other Regional Agencies . Eyes ... No .. 1 - :Jj /•� .ref -♦ �. • State Agencies Yes ® No Federal Agencies Yes ® No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? IZ E3 No If Yes, indicate decision required: Wing amendment Zoning variance New/revision of master plan Subdivision Site plan Special use permit El Resource management plan Other Psae 8 of 21 2. What is the zoning classifications) of the site? 3. What is the maximum of the site if as the 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if develop as by the proposed zoning? B. is the proposed action consistent with the recommended uses in adopted local land use plans ? o es ® 7. What are the predominant land use(s) and zoning classifications within a A mile radius of proposed action? 8. Is the proposes action ci mpki -j- WVIL,I 9. if the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? f V ur � I 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? 11 Yes 0 No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? ® Yes EfNo a. if yes, is existing capacity sufficient to handle projected demand? El Yes 12. Will the proposed action result in the generation of traffic significantly above present levels? a. If yes, is the existing road network adequate to handle the additional traffic. ® Yes • Yes [aNO ® No D. Informational Details Attach any additional information as may be needed to clarify your project, if there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Date Applicant/Sponsor Name '8tx-c . . signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. R - 1 ... s November 4, 2009 CITY OF BUFFALO CITY PLANNING BOARD got CITY HALL BUFFALO, NEW YORK 14202 BYRWN W. BROWN MAYOR John Cappellino Erie County Industrial Development Agency 275 Oak Street Buffalo New York 14203 Re: 391 Washington Street, Lafayette Hotel Renovation Dear Mr. Cappellino: Please be advised, prior to the implementation of the above referenced project, the requirements of the New York State Environmental Quality Review Act (SEQRA) must be satisfied. The project as defined by SEQRA as a Type 1 Action for which a coordinated review will be completed. As per section 617.6 of the regulations, an agency responsible for determining the effect of this project on the environment must designate from among the involved agencies within 30 calendar days of the date of this letter. It is the intent of the City of Buffalo Planning Board to assume Lead Agency status for this project. The Environmental Assessment Form is enclosed for your review. If your agency has no objection to the designation of the City of Buffalo Planning Board as Lead Agency, please sign this letter and return it to my office at Room 901 City Hall, Buffalo New York 14202. Sincerely Grunzweig and Use Controls Coordinator The Erie County Industrial Development Agency accepts and approves the designation of the Buffalo Planning Board as Lead Agency for the above - referenced project. Signature 1Jate r; CITY OF BUFFALO CITY PLANNING BOARD 901 CITY HALL SUt= FALO, NEW YORK 14202 BYRWN W. BROWN MAYOR November 4, 2009 Christina Orsi Regional Director Empire State Development 95 Perry Street Buffalo New York 14203 Re: 391 Washington Street, Lafayette Hotel Renovation Dear Ms Orsi; Please be advised, prior to the implementation of the above referenced project, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. The project as defined by SEQR is a Type 1 action for which a coordinated review will be completed. As per section 617.6 of the regulations, an agency responsible for determining the effect of this project on the environment must designate from among the involved agencies within 30 calendar days of the date of this letter. It is the intent of the City of Buffalo Planning Board to assume Lead Agency status for this project. The Environmental Assessment Form is enclosed for your review. If your agency has no objection to the designation of the City of Buffalo Planning Board as Lead Agency, please sign this letter and return it to my office at Room 901 City Hall, Buffalo New York 14202. Sincerely, - `` e r' Ae Mapty Grunzweig Lind Use Controls Coordinator Empire State Development accepts and approves the designation of the Buffalo Planning Board as Lead Agency for the above - referenced project. Signature Date CITY OF BUFFALO CITY PLANNING BOARD 901 CITY MALL BUFFALO, NEW YORK 14202 BYRWN W. BROWN MAYOR November 4, 2009 Ruth Pierpont Director, New York State Office of Parks, Recreation & Historic Preservation Peebles Island P.O. Box 189 Waterford New York 12188 -0189 Re: 391 Washington St. Buffalo New York, Lafayette Hotel Renovation Dear Ms Pierpont: As you are aware, prior to the implementation of the above referenced project, the requirements of the New York State Environmental Quality Review Act (SEQRA) must be satisfied. This notice is issued by the City of Buffalo Planning Board pursuant to and in accordance with Article 8 of the Environmental Conservation Law, Chapter 43 -B of the Consolidated Laws of New York, as amended 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 (SEQRA) and Chapter 169 of the Charter and Code of the City of Buffalo. The project is defined as a Type I Action that the City Planning Board will act as Lead Agency. Although the NYS Office of Parks, Recreation & Historic Preservation is not an involved agency as defined under SEQRA, your agency is an interested agency due to the nature and scope of this project. In order for the City of Buffalo Planning Board to properly determine the impacts of this project on the environment as per SEQRA, the Planning Board respectfully requests the views of your office regarding the effect of the proposed work that will be completed in regard to this project. Please have the appropriate personal within your agency review the environmental assessment form and forward any comments that the Planning Board should consider regarding the Determination of Significance for this project. If you should have any questions, please contact this office at (716) 851 -5085. Thank Sincerey,/ r ~ Marty Grunzweig Hand Use Controls Coordinator SIGN D E V E L.,.0 P M E N T October 20, 2009 Mr. William Grillo Planning Board City Hall Buffalo, New York 14202 Dear Bill: . The Lafayette Hotel is a 250,000 sq ft hotel which was put on the National Historic Register in 2008. The designation makes it eligible for historic tax credits which will be used to close the funding gap. It was one of the focal points for the Queen City HUB Program and high on the City's list of buildings to save. It will be converted into 115 apartments and 15,000 sq ft of first floor commercial space. This project will be done with the assistance of Empire State Development and ECIDA. Thank you for your help. Sincerely yours, Rocco Termini RTlmal Inn rl 1 I - rNTT f-rr%V #- 1711rr A, I /�A kir - xv/ %t^ni/ t ,rnnn - - - TV7 LLA. -I�.V 11 JItILE,.I Lu11r "1L.w� t�4-r• /V1�1� 1��'us office 716.842.1938 cell: 716.861.5385 oujaii: rtermini@wriylofts.com 0000 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR -- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City ball 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title The Community Charter School building Additions Location: 404 Edison Avenue Type of Action: Unlisted -- Uncoordinated Description: Massachio Architects PC on behalf of The Community Charter School has proposed the construction of two building additions to their existing school located at 404 Edison Avenue, Buffalo New York. The project will encompass two proposed additions (one) and (two) to the existing school. Construction for both additions will occur simultaneously. Addition one located on the west or rear side of the existing school building is to provide a new kitchen, cafeteria and handicapped accessible toilet rooms on the first floor along with classroom space on the second floor. A new accessible elevator will connect these floors allowing for handicapped accessibility between the floors. The first addition will also include alterations for office reconfiguration to the existing school lobby, principal's office and general office areas to allow for better access control management of students and visitors. The purpose of addition two on the east side of the existing school on Edison Avenue will be to enhance the existing school entrance on the south /east side of this facade. The addition will also incorporate new classroom space on the first floor. The project scope for addition one will be approximately 3,500 square feet per floor and will include on the first floor: a new full service kitchen with storage space; new boys and girls toilet rooms with handicapped accessible stalls, a new school store, new cafeteria space for approximately 96 chairs; faculty dining for 16 chairs and a new accessible elevator along with an elevator equipment room. The second floor will include three classrooms each approximately 24� x 36' and new locker space. The addition will also provide a new drop off area with a road for the delivery of kitchen supplies. The road will connect the existing parking spaces on the north and south sides of the existing school property. A new concrete sidewalk along the north side of the addition will connect to existing sidewalks. The office configuration will include four to five new office spaces along with a file area and photocopy area. The scope for addition two will be approximately 2,850 sq. ft. on one floor. This addition will incorporate a new entrance area with vestibule to be connected to the existing school entrance. This floorwill also include three new classrooms each approximately 36`x24'. New landscaping space will be incorporated at the entrance area and along the front facade of the new addition. The construction of both additions will occur simultaneously. The anticipated start of construction for addition one and addition two will be December 1, 2009. Construction should be completed by June 15 2010. The total cost of this project is approximately 1,400,000 dollars. This project will be financed privately. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination, The facts and reasons for this decision are as follows; The new additions will allow this school to continue to grow and provide quality education to the students it serves from the greater Buffalo area. This project will also create new construction job opportunities.. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 716 851-5085 Dated: November 4 2009 CC; City Clerk City of Buffalo Public Works, Parks and Streets Department City of Buffalo Permits, Economic Development, Inspection Services Mussachio Architects PC 000013 NEGATIVE DECLARATION - <)-( � 'y,[0 A f f Nr! 'A' ' NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Convenience Store Location: 2080,2084,2092,2094 Niagara Street (AKA 2094 Niagara) Type of Action: Unlisted - Uncoordinated Description: Ellicott Development Company (10796 Group LLC) is proposing the construction of a convenience store with fuel pumps on the property located at 2080,2084,2092,2094 Niagara Street, Buffalo New York. The property located at 2094 Niagara is already under the control of 10796 Group and the remaining parcels are under the control of the Ellicott Development Company as described in the letters provided to the Planning Board. The proposed convenience store is approximately 2,793 square feet situated on a 23,995 square foot site. There also is a proposed gas pump Island and canopy that would be located on the south side of the site. The site is located in a CM zone that allows for a convenience store with gas however it is also located in a coastal review area which will require a separate review. There are twenty parking spaces proposed for the site with on handicapped space. Landscaping will be provided however they are only able to provide for 13 percent of the required 20 percent so a donation to the City of Buffalo Green Fund will be required if approved by the Planning Board. The project will be funded privately and cost approximately $400,000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will a transitional site Loth business and residential and provide the residents of this area (many walkers) an optional site to purchase groceries and or fuel. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 -- (716) 851 -5085. Dated: November 4 2009 CC: City Clerk City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works, Parks & Streets Ellicott Development Company REGEIVFM A ND FILED ®000 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Luxury Apartments Location: 305 West Utica Street Type of Action: Unlisted - Coordinated Description: FJF Development -Utica Condos, LLC (Architect, Frizlen Group) is proposing to construct a luxury apartment building on the property located at 305 West Utica Street, Buffalo New York. The sixteen (16) luxury condominium units and two studio units (ADA accessible) with secured parking under the building are designed for maximum environmental, technical and aesthetic qualities. The developer is attempting to meet the Leadership of Environmental and Energy Efficient Design rating (LEER) by applying strategies that will include a high energy efficient building envelope with high performance heating and cooling systems and low water -use fixtures, use of low - emitting interior materials, passive solar designs and the use of recycled and or rapidly renewable regional building materials. The building will include one and two story lofts all of which will include underground secured parking, the use of smart technology to monitor heating and cooling systems for maximum efficiencies, ample outdoor space with balconies and private roof terrace for all loft units, fireplaces and all units will be pre -wired for high speed internet, cable and telephone. Two office suites approximately 350 sq. ft. each are also included in this project. A building density and rear yard set back as well as office use approval will be required from the City of Buffalo Zoning Board of Appeals. The condominium project will be funded privately and the estimated cost will be approximately three million, two hundred thousand ($3,200,000) dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows; The proposed project will add new housing to one of the City of Buffalo's premier neighborhoods and eliminated two problem properties that will be demolished in the near future, The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. Short term parking and sidewalk concerns raised by the neighboring property owners will be enforced by the appropriate city departments. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 — 716 851 -5085. i1 Dated _November 4, 2009 CC: City Clerk City of Buffalo Public Works, Parks and Streets Department City of Buffalo Economic Development, Permits and Inspections Erie County Industrial Development Agency City of Buffalo Zoning Board of Appeals The Frizlen Group, FJF Development a D AND FIL _ f 0000) #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: November 16, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 169 Gibson, 105' N Paderewski Lot Size: 30'x 110' Assessed Valuation: $1,600.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Dwane Cox and Mrs. Callie M. Cox, 166 Gibson Street, Buffalo, New York 14212 to purchase 169 Gibson. Mr. and Mrs. Cox own and reside at 166 Gibson, which is adjacent to 169 Gibson. They intend to use the vacant lot for additional green space. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. Mr. and Mrs. Cox have commissioned Ms. Patricia Swan, Real Estate Appraiser of Arrow Appraisal Service, 5266 Seneca Street to estimate the Fair Market Value of the subject property. She has estimated the Fair Market Value to be Nine Hundred Dollars ($900.00), Twenty Seven Cents ($.27) per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value, Mr. and Mrs. Cox have agreed and are prepared to pay Nine Hundred Dollars ($900.00), Twenty Seven Cents ($.27) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 169 Gibson to Mr. and Mrs. Cox in the amount of Nine Hundred Dollars ($900.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: JOHN P. HANNON, JR. TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEG PLANNING SIGNATURE OF DEPARTMENT HEAD: / JPH:ck Reportsale169gibson REFERRED TO THE COMMITTEE 1 r V P q n A o r Y qk � , o p Y A e EI eY � A Y a it c' A � � M N a u n a ON � L' EI a O IE s-196 MARKET I} ® A S� PADEREWSKI DR. V .r v U ii u P d L zk wa �a Ytl �n ba EI co N..Y.!!c 0 od Mrol q a A 1� iE F J14-d' - Z Od00 G' #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: November 16, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 26 Girard, 239.10'E Humboldt Lot Size: 30'x 165' Assessed Valuation: $1,200.00 31 Girard, 294.50' E Humboldt Lot Size: 30'x 165' Assessed Valuation: $1,200.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Joyce A. Dorsey, 20 Girard Place, Buffalo, New York 14211 to purchase 26 and 31 Girard. Ms. Dorsey owns and resides at 20 Girard, which is adjacent to 26 Girard. Ms. Dorsey also owns a two family house at 29 Girard, which is adjacent to 31 Girard. She intends to use the vacant lots for additional green space. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Ms_ Dorsey has commissioned Mr. Howard Schultz, Real Estate Appraiser of Howard P. Schultz & Associates, Inc., 360 Delaware Avenue to estimate the Fair Market Value of the subject properties. He has estimated the Fair Market Value to be Four Thousand Four Hundred Dollars ($4,400.00), Forty Five Cents ($.45) per square foot. The Division of Real Estate has reviewed the appraisal reports and concurs with the appraisers' estimate of value. Ms. Dorsey has agreed and is prepared to pay Four Thousand Four Hundred Dollars ($4,400.00), Forty Five Cents ($.45) per square foot for the subject properties. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 26 and 31 Girard to Ms. Joyce A. Dorsey in the amount of Four Thousand Four Hundred Dollars ($4,400.00), 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: JOHN P. HANNON, JR. TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC P NNING SIGNATURE OF DEPARTMENT HEAD. JPH:ck REFERRED `" '1" _ 1 Reportsale26 &31 guard L �gr g � �� Fig.. .. 4� t�� t � 6 L-�. N TF _ S "Yi P7PS_ fxl 327 RI LEY rs H 14f h5� 667 663 6 669 6±5 677 679 6d8/ Odds 07 65 70/ 70 - zv 7[!7 709 // 7/3 I 1 Re I� i6• rye !7 Ipm p 1 '� z p f A� 1 f z A A• �� � g B. U 3 � �' ' • 5272 �. JJ f 1 %, D IJ fl D Z7 4f x ^,�, cR 3G 4 °"P9°' 44 Q6 60 .� S6 48 _ '� • lP 76 '8 8? .. '° 8a - 9U •_ 6rri G IRARD RL, f �✓� 31 33 3% q3 45 47 f� y � u m � X X a a W,.b�• a ti � 01. S'IM P1PF i�J N Xo yL p IQ're 'G SrA. i X C� /a•y/, o O �d w+ss es 2 1 lz = IT. - Z Z I/JSl G1 I� m s s G � " • - `" • _ -° - -, s . 51 .. _6 )3 75 77 -- D 79 - p of D 93 --. D f :6 _ 417 37 H 4 " of 7 + n z J 7jp D \ \ \: I �}� Q R o 2 l i fi H b p ti N �I ��7 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: November 16, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 81 Hampshire, 104' SW Fargo Lot Size: 26'x 116' Assessed Valuation: $4,100.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Jesus Santiago Rivera, 83 Hampshire Street, Buffalo, New York 14213, to purchase 81 Hampshire. Mr. Rivera owns the two family dwelling at 83 Hampshire, which is adjacent to 81 Hampshire. This property will be used for extra green space. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Ninety Four Cents ($.94), per square foot. Mr. Rivera has agreed and is prepared to pay Three Thousand One Dollar ($3,001.00), Ninety Four Cents ($.94) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. am recommending that Your Honorable Body approve the sale of 81 Hampshire to Mr. Jesus Santiago Rivera in the amount of Three Thousand One Dollar ($3,001.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: JPH:ck Repo rtsaleadministrator8 t hampshire REFERRED THE COPWITTEE ON COMMUMITY DEVELOPMENT. µ.. 2 .1 ILIA u II 11 II I� �n BSI 1• Of 879 BT 74 B78 S9! II 6Wot4hLl r rl A�X j w °— w w FARGO AV, D P ROSPE'C [ SCALE OF MET COPYR11mr SANBOAN "4P CQMAW).,lNG City Clerk's Department BUFFALO November 25, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. S Strat Plan- Report of Sale 76 Sobieski (Fill) PASSED November 24, 2009 Gerald A Chwaiinski City Clerk m.411 fiifI". C1 Vii ! 3 0000 #2 (Rev. 1193) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: November 17, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 76 Sobieski, 227.23' S Stanislaus Lot Size: 30' x 94' Assessed Valuation: $1,500.00 (Filimore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Taslima Rahman, 78 Sobieski Street, Buffalo, New York 14212 and Mr. Mohammad A. Khan and Mrs. Surriaya Khan, 993 Sycamore Street, Buffalo, New York 14212 to purchase a portion of 76 Sobieski, 15'x 94' each. Mrs. Rahman owns and resides at 78 Sobieski, which is adjacent to 76 Sobieski. Mr. and Mrs. Khan own a two family house at 72 Sobieski, which is adjacent to 76 Sobieski. They both intend to use their specified portion of the vacant lot as additional green space. The northerly portion of 76 Sobieski, 15'x 94' will be deeded Mrs. Rahman of 78 Sobieski. The southerly portion of 76 Sobieski, 15' x 94' will be deeded to Mr. and Mrs. Khan who own 72 Sobieski. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Cents ($30) to Forty Five Cents ($.45), per square foot. Mrs. Rahman has agreed and is prepared to pay Five Hundred Dollars ($500.00), Thirty Five Cents ($.35) per square foot for the northerly portion of the subject property. Mr. and Mrs. Khan have agreed and are prepared to pay Five Hundred Dollars ($500.00), Thirty Five Cents ($.35) per square foot for the southerly portion of the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. Page 2 Report of Sale — 76 Sobieski am recommending that Your Honorable Body approve the sale of the northerly portion of 76 Sobieski to Mrs. Rahman and the southerly portion of 76 Sobieski to Mr. and Mrs. Khan in the amount of Five Hundred Dollars ($500.00) for each portion of the subject property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH:ck ResnegportMsobieski JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE STRATEGI LANNING FV Yb u e'T u� 7� a: i �r hiY 0 ( V7 H I h f � Olt i i a S e 3 ff - .k JId✓ A i�¢ I .��1 /SC � f� � ✓ tea' �/ / I � C � —'r 5,61 z y a s ._! a ti a i i a S e 3 ff - .k Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated November 17, 2009, be received and filed; and That the offer from Mrs. Taslima Rahman, residing at 78 Sobieski Street for the northerly portion of 76 Sobieski Street and Mr. Mohammad A. Khan and Mrs. Surriaya Khan, residing at 993 Sycamore Street, for the southerpyrtion of 76 Sobieski Street, in the sum of Five Hundred Dollars ($500.00) for each portion of 76 Sobieski Street, be and they hereby are 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 sank-, in accordance with the terms of sale upon which the offer was submitted. Passed. 01-0 -- 7 2000 t:1wp60lmswordlr €rivl8d 1- 24a.doc K AYE * NO x x FONTANA x FRANCZYK x 7S GOLOMBEK x KEARNS LOCURTO x RIVERA x x SMITH 7S X� ZG X X � X Maj -5 2/3- b 3/4- 7 '� City Clerk's Department BUFFALO November 25, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 9 Strat Plan - Report of Sale 86 Sobieski (Fill) PASSED November 24, 2009 Gerald A Chwalinski City Clerk 00000 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: November 17, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 86 Sobieski, 100'S Stanislaus Lot Size: 37'x 94' Assessed Valuation: $1,600.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Nasim Ahmad and Mrs. Atiya Ahmad, 440 Sweet Avenue, Buffalo, New York 14211 to purchase 86 Sobieski. Mr. and Mrs. Ahmad own a multiple dwelling at 165 Stanislaus, which is adjacent to 86 Sobieski. They intend to use the vacant lot for additional green space. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. Mr. and Mrs. Ahmad have commissioned Mr. Michael Cutting, Real Estate Appraiser of Cutting Edge Appraisal Services, 8190 Roll Road to estimate the Fair Market Value of the subject property. He has estimated the Fair Market Value to be One Thousand Two Hundred Dollars ($1,200.00), Thirty Five Cents ($.35) per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Mr. and Mrs. Ahmad have agreed and are prepared to pay One Thousand Two Hundred Dollars ($1,200.00), Thirty Five Cents ($35) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 86 Sobieski to Mr. and Mrs. Ahmad in the amount of One Thousand Two Hundred Dollars ($1,200.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD JPH:ck ReportsaleNsobieski JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFF,GE F STRATEGIC= ANNING { i p Ao 7s aw 19 S7ANISSLAUS Z 511< 2 Hi 89 CENTEit 771 SR. F) PA R Ar �` � IS' �`•g� e9na� � a all; L4 $-APr,5 1 - 7 Tl, P 14 p. v v I fl i 19 p Ao 7s aw 19 S7ANISSLAUS Z 511< 2 Hi 89 771 �` � IS' �`•g� e9na� � a L4 $-APr,5 1 - 7 Tl, p. v v I it ti Q. Ar's 4 • fj� 71, 17 1 17 114 P FI 2 4 D F" C L 7 W W zK _77' 89 �` � IS' �`•g� e9na� � a L4 $-APr,5 1 - 7 Tl, p. v v I Q. Ar's 4 fj� 71, 17 It Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated November 17, 2009, be received and filed; and That the offer from Mrs. Atiya Ahmad, residing at 410 Sweet Avenue, in the sum of One Thousand and Two Hundred Dollars ($1,200.00) for the purchase of 86 Sobieski Street, be and hereby is accepted; and That the transfer tax, recording fee 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. D EC -- 7 2049 9 `rAB: rmv t:lcvp6©j ?isvvordlnnvl9c 11- 24a.doe n ��f *AYE *NO* * FONTANA St FRANCZYK * GOLOMBEK * '` * KEARNS X LOCURTO * ' RIVERA * SMITH * x * * * * * * Maj - 5. 2/3- 6 3/4- 7 00010 817.20 Appendix C State Environmental Quality Review f �� L SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJFCT INFO RMATiON fTo be completed by Anolicant or Proiect Sponsor) 1. APPLICANTISPONSOR 2. PROJECT NAME Buffalo Niagara Medical Campus Buffalo General Hospital Parking Ramp Lease 3- PROJECT LOCATION: Municipality Buffalo County is'rie 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc„ or provide map) 854 Ellicott Street, Buffalo New York, between Bast North Street and Goodrich Street 5. PROPOSED ACTION IS: New [] Expansion Modification /alteration 6, DESCRIBE PROJECT BRIEFLY: 1_case of the lluffalo General Hospital Parking Ranrp by Buffalo Niagara Medical Campus (BNMQ from City of Buffalo to tallow the 13NMC to coordinate parking for employees at the medical campus, as well as patients and visitors during the construction phase of the 13NMC North End Project 7. AMOUNT OF LAND AFFECTED: Initially 2 -1 acres . Ultimately 2.1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? �f Yes No If No, describe briefly 9- WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ❑ Residential El industrial 0 Commercial ❑ Agriculture Ej Park/ForestlOpen Space Other Descrit3e: Commercial and medical use 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes No If Yes, list agency(s) name and permitlapprovals: 11, DOES ANY ASPECT OFTHE ACTION HAVE ACURRENTLY VALID PERMIT OR APPROVAL? Yes z No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT /APPROVAL REQUIRE MODIFICATION? Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Mark Color racer, Ainerican Consulting Profesisor3als Date: 10/27/2009 Signature:: I 11 41. Alf the apt on is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 R�S�t PART ii - l APACT ASSESSMENT (To be com !eted by LeaO Aaencv A, DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. M Yes M No B. WILL ACTION RECEIVE COORDINATED REViEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. Yes yj No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No, facility will be maintain existing use. Parking related to BNMC north End developments assessed in GEIS completed in January 2009 C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: No, facility will be maintain existing use. Parking related to BNMC north Land developments assessed in GEIS completed in January 2009 C1 Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: No, facility will be maintain existing use. Site is fully developed as a multilevel parking facility. C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: No, facility will be maintain existing use. The lease of the Buffalo General Hospital Parking Ramp conforms with the Urban Renewal Plan for the Oak Street Redevelopment Project, C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: No adverse affects. The need for coordination of the parking at the ramp is related to, and has been evaluated in, the GEIS completed for the BNMC North End Development. C6. Long term, short term, cumulative, or other effects not identified in C1 -05? Explain briefly: No adverse affects identified with the lease of the parking garage. C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None. The need for coordination of the parking at the ramp is related to, and has been evaluated in, the GETS completed for the BNMC North End Development. Encrgy use by the facility will remain unchanged. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CI=A)? Yes 0 No . if Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑ Yes r,-(l No if Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS_ For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i_e. urban or rurat); (b) probability of occurring; (c) duration; (d) Irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, if question D of Part it was checked ;r ,: As -i mr ,et awash inra fha nntantial imnact of the or000sed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action FIAT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determir Name of Lead Agency Date Print or ype Name o Responsible Officer in Lead Agency S €gnalui of Responsible Officer in Lead Agency itle of Responsib le Officer Signature of Preparer (If different from responsible officer) 11"F N Reset FROM THE COMPTROLLER Nov. 24, 2009 0001.1 TO: `fITE COMMON COUNCIL, FROM: THE DEPARTMENT OF AUDIT & CONTROL DATE SUBJECT November 19, 2009 Petty Cash Audit On October 15, 2009 an unannounced audit of petty cash funds was conducted. All petty cash custodians working that day were audited for compliance. The methodology to this audit was to verify internal controls and proper maintenance of these funds. Eighteen of a possible twenty three custodians or 78% were audited. The Department of Audit and Control accounts for petty cash using an imprest system. Under this system, an initial one -time advance is made to the person responsible for the petty cash fund. This person known as the custodian is entrusted with the amount of the fund determined. appropriate for the needs of the department. Subsequent reimbursements are made through the City Accounts Payable with the submission of a service order with respective receipts and/ or paid vendor invoices and a Summary of Petty Cash Transactions Spreadsheet. The petty cash custodian should at all times have a combination of coins, currency and receipts equal to their petty cash advance. The purpose ofthis fund is to be used for cash purchases of goods and services as defined in City Code, Section 16 -18. The petty cash amount varies for each City of Buffalo department depending; upon need and usage, ranging from fifty dollars to five thousand dollars. A printed copy of the procedures governing the Petty Cash funds was distributed to each custodian. The audit was designed to assist management with assessing the adequacy of internal controls related to the issuance, use, and control of the petty cash process. We concluded that the controls over these funds were deficient in several key areas as outlined in the Audit findings. Much of this was due to a lack of understanding of the purpose for petty cash and the custodian's responsibilities. We are confident that the corrections needed, in regards to internal control, and the proper processing of transactions are adequately explained in the packet given to the petty cash custodian along with answers to questions received during the cash counts. We do not feel there was any intent to deceive or commit fraud on the part of the custodians, and will continue to monitor petty cash usage and to provide guidance for custodians in the future. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. RUERRED TO THE COMMITTEE ON FINANCE. DEPARTMENT HEAD- TITLE: Andrew A. SanFilippo ler SIGNATURE: CITY OF BUFFALO) DEPARTMENT OF AUDIT & CONTROL AUDIT REPORT ON CITY OF BUFFALO PETTY CASH ACCOUNTS ANDREW A. SANFILIPPO COMPTROLLER On the day of October 15, 2009 DARRYL McPHERSON CITY AUDITOR NOVEMBER 2009 1 BACKGROUND The Department of Audit and Control accounts for petty cash using an imprest system. Under this system, an initial one time advance is made to the person responsible for the petty cash fund. This person known as the custodian is entrusted with the amount of the fund determined appropriate for the needs of the department. Subsequent reimbursements are made through the City Accounts Payable with the submission of a. service order with respective receipts and/ or paid vendor invoices and a Summary of Petty Cash Transactions Spreadsheet. The petty cash custodian should at all times have a combination of coins, currency and receipts equal to their petty cash advance. The purpose of this fund is to be used for cash purchases of goods and services as defined in City Code, Section 16-18. The petty cash amount varies for each City of Buffalo department depending upon need and usage. The funds under review range from fifty dollars to five thousand dollars. A printed version of the procedures governing the proper use of the Petty Cash funds served as a template for this audit and was distributed to each custodian.. (Exhibit A) On October 15, 2009 an unannounced audit of these funds was conducted. The Department of Audit and Control performed these audits in teams of two or three auditors. Starting at approximately 9:30 A.M. the audit began and was later concluded that afternoon. All petty cash custodians working that day were audited for compliance. The methodology to this audit was to verify internal controls and proper maintenance of these funds. Eighteen of a possible twenty - three custodians or 78% were audited. Audit Scope An evaluation on the internal controls of petty cash funds assigned to current custodians, and adherence to City Policy in disbursement of these monies. Emphasis will be on the internal control of this asset along with a reminder about the roles and responsibilities that the petty cash custodian position entails. Custodians will be given the necessary forms and procedures that should be adhered to upon completion of the cash count. f` L;, 1 AUDIT FINDINGS • A total of two petty cash custodians had included an I.O. U. in their petty cash box that they considered to be part of their total petty cash count. • A total of five City employees were performing the duties of'petty cash custodian when in fact they were not classified as the custodian for the department. • A total of three petty cash custodians had their funds in a manila envelope in an unlocked filing cabinet. • Several custodians had receipts that had sales tax included as part of the total petty cash count. Since the City of Buffalo is exempt from paying tax, these amounts should not have been included as part of the petty cash advancement. • Two custodians had receipts in their cash box that exceeded their petty cash threshold of fifty dollars. • A large percentage of the receipts held by the custodians had no signature of the individual purchaser being reimbursed. • One custodian had receipts in their petty cash box that were over two years old. • A total of five of the eighteen petty cash counts were in complete compliance for mathematical accuracy. There was no evidence of a cash overage or shortage to be recorded on the petty cash reconciliation form. • The largest recorded shortage in the unannounced petty cash audit was 32 cents. • The largest recorded overage in the unannounced petty cash audit was five dollars. • One petty cash custodian asked if their petty cash could be turned back into the City treasury because they had no usage for these funds for quite some tithe. In one instance the custodian was unable to remember where the funds were stored. They located it later that day. Recommendations IOU's There is no legitimate reason for an IOU for personal reasons being used as a receipt for petty cash. This is an inappropriate use of City funds. The only reason for IOU usage is when an employee needs to nuke a purchase and does not have or want to use personal funds. It is expected the receipt will be supplied the next day. This does not appear to be the case in the instances encountered in our Audit. We have recommended through formal letters to the Department and the custodians where this occurred that this is not a proper practice and that it not be used in the future. • Updating Petty Cash Custodian and limiting access to funds We recommend that no one who is not the official petty cash custodian of a department be allowed to have access to these funds or to make cash purchases. The person on record for being the custodian is the only one responsible for the security and use of these funds. The department head should then designate the correct person by tilling in the form "Notice of Change of Petty Cash Custodian" This is to protect the custodian as they are the individual who would be accountable should there be any irregularities. • Petty Cash Fund Security We recommend that the petty cash custodian be the only person with access to these funds. All funds should be secured by a lock box with key or in a safe. Money secured in an envelope and stored in a filing cabinet is not a proper method for safeguarding funds. • Sales tax included on receipts. We recommend that petty cash custodian use the tax exempt form that was included in the packet on the rules and procedures of being a petty cash custodian. Sales tax paid for with petty cash funds are the responsibility of the custodian, and will not be reimbursed. • Exceeding fifty dollars per clay in cash purchases not permissible using petty cash. We recommend that any purchases which are going to exceed the petty cash limitation of fifty dollars be put through the MUMS system as a service or purchase order. Petty cash is not to be used to circumvent the purchase/service order system. In those unusual circumstances where a petty cash item costing more than $50.00, but less than $100.00 may be necessary, purchase may be made with written permission from Accounts Payable received beforehand. At no time should expenses exceed petty cash amount • Missing documentation on petty cash receipts by custodian. We recommend that custodians read and familiarize themselves with the rules that were given and explained to them during the course of this Audit regarding what information should be included on a cash receipt. • Prior fiscal year cash purchases by custodian. We recommend that all petty cash purchases before .tune 15 of the current year be replenished in the correct fiscal year of the purchase. All advances trade in a fiscal year should be reflected in that year's expenses. Replenishment of these cash purchases should be done on a timely basis. Any receipts not turned in for replenishment by this date will then have to go through a prior year "claim" procedure to be reimbursed. • Petty Cash shows little or no usage by custodian. We recommend that the funds issued to the custodian be turned in, and that the necessary close out count be performed and the account dissolved. Conclusion This review was designed to assist management with the assessment of the adequacy of internal controls related to the issuance, use, and control of the petty cash process. It was concluded that the controls over these funds were deficient in several key areas as outlined in the Audit findings. We feel that much of this was due to a lack of understanding of the purpose for petty cash and the responsibilities that are required of custodians. We are confident that the corrections needed, in regards to internal control, and the proper processing of transactions were fully explained in the detailed packet given to the petty cash custodian along with answers to questions received during the cash counts. We have detailed corrections needed in formal management letters to those departments where problems were encountered. We do not feel there was any intent to deceive or commit fraud on the part of the custodians, and will continue to monitor petty cash usage and to provide guidance for custodians in the futurc. C ITY OF BUFFALO WAR`C'MENT OF AUDIT AND CONTROL DIVISION OF AUDIT 1230 CITY HALL BUFFALO NEW YORK 14202 ANDREW A. SANFILIPPO COMPTROLLER DARRYI. Md"HERSON CITY AUDITOR OFFICE OF THE COMPTROLLER GUIDELINES FOR PETTY CASH ACCOUNTS These guidelines, effective July 1, 2000, are to be observed when expending Petty Cash for necessary, prudent and reasonable expenditures. Petty Cash Funds are established pursuant to the Code of the City of Buffalo, Section 16 -18. The Department of Audit and Control accounts for petty cash on an impress basis (i.e., cash in the fund plus'receipts for reimbursed expenditures should equal the total amount of the fund at all times). Petty Cash is advanced, spent and replenished based on vendor receipts, which are charged back to your department or division budgetary appropriation accounts. We recommend that both the Petty Cash Custodian and the individuals making Petty Cash transactions become familiar with the very important information contained herein. � f Andrew A. anFi Zkpo Comptroller c� INDEX PAGE NO. 1. PETTY CASH ADVANCE 3 A) Petty Cash — Defined B) Applying for a Petty Cash Advance 11. CUSTODIAN 4 A) Responsibillties of Custodian B) Change of Custodian III. EXPEIRDITURE GUIDELINES 5 IV. TWIMBACTION GUIDELINES 6 A) Sales Tait B) Purchase of multiple items C) Postage Stamps D) Thruway tolls, Telephone calls and Travel expenses V. FRAUD AND-ABUSE 7 A) Fraudulent Bills or Claims B) Items of a Personal Nature VI. RE VEST FOR INITIAL ADVAI+ICEI REIMBURSIEMENT A) Initial Advance B) Subsequent Reimbursements VII. ENCLOSURES I ) Application for Petty Cash Advance (Enclosure 1) 2) Change of Custodian (Enclosure 2) 3) Request for Vendor 1 -0 Number (Enclosure 3) 4) Request to Exceed Petty Cash Transaction Daily Limit (Enclosure 4) 5) Sample Reimbursement Request (Enclosure 5) 8 9 10 11 12 13 2 1. PETTY CASH ADVANCE A. PETTY CASH - DEFINED The Comptroller advances Petty Cash Funds to a department or division for the cash purchase of goods or services, pursuant to the City Code, section 16 -'18. D. APPLYING FOR A PETTY CASH ADVANCE A department or division submits an application for a patty cash advance to the Comptroller (see enclosure # 1) designating a custodian within the departmenUdivision stating the amount of petty cash advance requested. With few exceptions the petty cash advance is limited to $100.00 or less. After the Comptroller approves the petty cash advance application, the department sir division initiates a service order to generate a check in the amount of the approved petty cash advance (see Section VII). After the check is received and crashed, custodians may purchase goods and services as defined in Section IV. and V. 11 F- 11. CUSTODIAN A. RESPONSIBILITIES of CUPIODIAN All advanced funds become the responsibility of the petty cash custodian and should be adequately safeguarded and handled with due diligence_ Individual petty cash transactions are a joint responsibility of the custodian and the individual making the petty cash purchase. Consequently, all improper purchases will not be reimbursed and will be considered the sole responsibility of the custodian and/or the individual making the purchase. B. CHANGE of CUSTODIAN The Audit Division must be notified in writing (see enclosure # 2) whenever it becomes necessary to designate a new petty cash custodian (due to retirement. etc.). Prior to the transfer of petty cash to the new custodian, the Audit Division will conduct a physical cash count to verify the amount of cash and receipts to eliminate the need to reimburse all receipts prior to transfer. The respective department/division must also submit a request to Accounts Payable to establish a Vendor Identification Number (VIN) for the new custodian. (See enclosure # 3). 0 M. EXPENDITURE GUIDELINES The information listed below will assist you in determining whether an item can be purchased using petty cash. The purchase must be for the immediate operation of your department or division. All City of Buffalo Charter and Code requirements must be adhered to. The goods and/or services must be deemed necessary, prudent and reasonable. If an item would be determined inappropriate if submitted on a purchase/service order, reimbursement through petty cash will §9 dented and will ultimately become the responsibility of the custodianlindividual purchaser. The use of petty cash is Intended to supplement, not the requisitionlpurchaselsenviee order system. Consequently, the custodianfindividual purchaser is responsible for maximizing the efficiency of the Petty Cash Advance by balancing purchase price verses convenience/distance. Total purchasestexpenditures may not exceed the amount of petty cash advanced to you, less any outstanding receipts in your possession (e_g. if your petty cash advance is $100.00 you cannot exceed $100.00 In total receipts). The total cost of all items purchased using petty cash may not exceed $50.00 per day. However in the event a one -time purchase of an item costing over $50.00 but under $100.00 is required, written permissiont must first be obtained from the Accounts Payable section (see enclosure # 4). Petty Cash must not be used to purchase goodslservices in such a quantity or frequency of trips, to the same or multiple vendors. in order to circumvent the purchase/service order system or the transaction limits listed herein. 5 IV. TRANSACTION GUIDELINES The original cash register receipt or paid vendor invoice must evidence each petty cash transaction and should include the following information: I . Vendor Name 2. Date of Purchase 3. Item Description (must be legible) 4. Unit price and total cast 5. Signature of individual purchaser, either on the back or front of the cash register receipt or paid vendor invoice Photocopies and packing slips are not acceMphle for reimburse inn of Detty cash items. A. SALES TAX All purchases of goods and/or services on behalf of the City of Buffalo are exempt from taxation. Any taxes pald wilt not be reimbursed B. PURCHASE OF MULTIPLE ITEMS Custodiansfindividuals are not authorized to split purchases to evade the objective of these guidelines when purchasing an item(s) from vendor(a) on any particular day(s). Further, the total cost of II items purchased may not exceed the department/division petty cash advance. C. POSTAGE STAMPS Reimbursement requests for postage stamps must include documentation of the necessity as distinguished from simple convenience. If the circumstance is deemed a non - necessity, the purchase of stamps will be considered a non - reimbursable personal expense. The City of Buffalo mailroom, located in the basement of City Hall, is responsible for attaching postage and mailing of official City documents. D. THRUWAY TOLLSITELEPHONE CALLSITRAVEL EXPENSES Reimbursement for these items will be on an as- required basis as distinguished from one of convenience. The name of the individual(s) paying the Thruway toll must be included on the original receipt. A telephone log must minimally include the telephone call date, telephone number called, the person called and the person making the calf. Travel expenses cannot be reimbursed with Petty Cash. 6 V. FRAUD AND ABUSE If there is reasonable suspicion that a custodian and/or individual has falsified, altered, or in any way abused an expense, the suspected expense will be disallowed. Legal and budgetary restraints require that the City resources not be abused or wasted. A. FRADULENT BILLS OR CLAIMS "A person is guilty of offering a false instrument for filing in the first degree when knowing that a written instrument contains a false statement or false infon'nation, or with intent to defraud the State or any political subdivision thereof, he offers or presents it to a public office or public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office or public servant. "...Offering a false instrument forfiling in the first degree is a Class l= felony.- (Penal Law Sec. 175 -35) B. ITEMS OF A PERSONAL MATURE Although the City will pay for necessary. reasonable and prudent expenses which fail under these Petty Cash Guidelines, the rcustodianlindividual purchasers are urged to note the distinction between purchases and services made to conduct official City business and items which can be construed to be of a personal nature (e.g. picture frames, greeting cards, barometers, thermometers, etc.). Items construed to be of a personal nature are deemed non - reimbursable petty cash expenses and are a responsibility of the custodian or individual making the petty cash transactions. 7 V1. REQUEST FOR INITIAL ADVANCE E REIMBURSEMENT A. INITIAL ADVANCE After the Comptroller approves the request for a petty cash advance and the Vendor Identification Number (VIN) is established for the custodian, the departmentldivision initiates a Service Order to facilitate payment of the initial petty cash advance. The Service Order is charged to: Organization code: 10000000 Object code: 101002 S. SUBSE UENT REIMBURSEMENTS The department/division must prepare a Service Order Requisition to periodically replenish petty cash. After entering the last transaction to be reimbursed, the Service Order must be department head approved. A copy of the printed Service Order together with the respective on inal receipts and /or paid vendor invoices, and a Summary of Petty Cash Transactions spreadsheet must be forwarded to Account Payable in City Hall, Room 1214. The Accounts Payable section will review transactions for accuracy, enter their approvals, and prepare a check to the custodian. A sample Petty Cash Reimbursement Service Carder Requisition is shown as Enclosure 5. If you have any questions please call 851 - -6697. 8 i p . 7 ENCLOSURE #E 1 CITY OF BUFFALO APPLICATION FOR A PETTY CASH ADVANCE TO: COMPTROLLER CITY OF BUFFALO DATE; ROOM 1225 CITY HALL FROM: DEPARTMENTIDIVISION OF TO BE COMPLETER BY REQUESTING DEPARTMENT OR DIVISION Please estabilsh a. Putty Cash Advance, for the following City of Buffalo employes.as Patty Cash Custodian. NAME: BUSINESS ADDRESS: TELEPHONE #• AMOUNT OF PETTY CASH REQUESTED A request for a Patty Cash Vendor Identification Number has been forwarded to the Accounts Payable :section. Department#nlvislon Head TO BE COMPLETED BY THE DEPARTMENT OF AUDIT AND CONTROL A Petty Cash Advance has been approved In the name of the above employee as the Petty Cash Custodian. Dept.lniv. Amount Approved Name Date cc: Accounts Payable Accounting Division Title L ENCLOSURE ## 2 CITY OF BUFFALO NOTICE of CHANGE OF PETTY CASH CUSTODIAN TO.' ©IVISION OF AUDIT DATE: ROOM 1230 CITY HALL FROM: DEPARTMENTIDIVISION OF Please conduct a petty cash count for the Dept. /Div. of in preparation of transferring the Petty Dash custodianship as follows: FROM: NAME Tel. Ext. TO: NAME Tel. Ext. ANTICIPATED DATE OF TRANSFER: A request for a vendor identification number for the new petty cash custodian was submitted to Accounts Payable. Signed DEPTIDIV HEAD EXT. # cc: Accounts Payable 10 ENCLOSUFRE # 3 CITY OF BUFFALO REQUEST FOR PETTY CASH CUSTODIAN VENDOR IDENTIFICATION NUMBER TO: ACCOUNTS PAYABLE DATE: ROOM 1214 CITY HALT. FROM: DEPARTMENTlDIVISION OF TO BE COMPLETED BY REQUESTING DEPARTMENT OR DIVISION Please establish a Vander Identification Number for the Wowing City of Buffalo employee as Petty Cash Custodian. NAME: ADDRESS: Return farm to: DEPARTMENTIDIVISION - - - DEPTIDIV. HEAD ROOM NUMBER TELEPHONE # DEPARTMENTIVIVI.'SION HEAD DATE TO BE COMPLETED BY ACCOUNTS PAYABLE: Vendor Identification Number has been established for the above employee as Petty Cash Custodian. ACCOUNTS PAYABLrE TITLE EXT. # II "J ENCLOSURE # q CITY OF BUFFALO REQUEST TO EXCEED PETTY CASK TRANSACTION DAILY LIMIT TO: ACCOUNTS PAYABLE DATE: ROOM 1214 CITY MALI. FROM: DEPARTMENTIDIVISION OF TO BE COMPLETED BY REQUESTING DEPARTMENT OR DIVISION We hereby request approval to purchase the items) shown below at a nest which exceeds the Petty Gash Guidelines transaction daily limit of $50.00 per item per vendor per day, as a one time exception: ITEIIII(S) VENDOR COST The cast of the above item(s) will not exceed my total Petty Cash Allowance. CUSTODIAN PHONE # TO BE COMPLETED BY ACCOUNTS PAYABLE: Your request to exceed the Petty Cash Transaction Daily Limit has been APPROVED Please, attach this approval to the Vendors Receipt for the items shown above, and include when requesting your Petty Cash Reimbursement. DENIED Please obtain the Item(s) shown above using a purchase requisition. ACCOUNTS PAYABLE TITLE PHONE # 12 srsswiw;wssrsarrsswaeNa reaasasrrsasssssl swrwrar+ rss�sss srsarrsr. �wait *pssrsirswsssaessass x Bill To �tecjufeitigtx 500016925 -00 P7C 2-00 ACCMWS PAYABLE 1314 CITY HALL Acct NO.- 10449005- 461001 33.00000 93.00 RevieW a W"ALO, NY Huger: au50 14303 SCettali s Allocated Page 1 rrrTlrrlTTS��Iryy,ifwwy,,�yye�l�a�w/rlssf�i�r �7lislasr Mw�RSS�arae�rrwsl y.5� s Vendor MILIOTO 1� 4 sl�sassllrsaasssassrsaar7es7�prae�� AM , DIV T,tN OF AUDIT PSTTY CAM 1330 CITY HALL BUFFALO, NY 14303 VeUvork Reference ROOM 1930 CITY HMPI.� - - - - - - - - - - - _ - - - - - - - ------------------ _ - ------ d --------- Date r � I orderad Numbe I Recpxir*d Trn I Department 07 /flQ� 000497 --------- i- "--- - ---- --- - -- - - -- i;;it 4 Cca�txc�3.lar .- __,.- ---- t - f - AtSRSRa�sLt ►w .• • •---- -_- t� -- - -- -- - - .My Cast Xach Xxt. P rice 001 PATTY CAN 1. 0 1.36000 1.36 = DUP-MG IN -REM AUCTION RR COP 10443005- 461001 1.36 003 SRI 6 TM CARDRIDOS M ANN MOXI MIC$ ON 3/16/00 10449003 - 461001 003 AUDIS' UNWHOOZ FROM GOMMIRMT NX O"ICMAB ARRO. 3/6/00 10449005- 461001 004 11M MY OR Mat MOM F=AL CR IT UNION TO 6M FM AUDIT SIC 3/6/00 10442005 - 461001 Rid /Catalog mar. 0 1.0 99.99000 930.99 RA 28.99 1.0 33.00000 93.00 FA 33.00 1.0 1.00000 1.00 BA 1.00 Requisition Total 54.75 *� * ** Gazeral Ledger Sunmary Section Account .AWKMnt RMainiag get 10449005 - 461001 54.55 3.90 13 Petty Cash Count For Dept / Div. per; Cash: Chedw Receipts: No, Date 1 2 3 4 5 5 7 8 9 14 Currency $ Coins $ S TOTAL � Description of PAiceipt 3 s s� • s S TOTAL ReMipts Total Petty Cash Count Less Petty Cash Fund Balance (Short or Overage) Audit Notes: Data 5 5 Cer0c;,ation: We hereby Certify that the above monies were counted in my presence and returned to us intact Petty Casts Custodian p Auditor Date F- Pray Cash Co." us ReCWpts: NO. 11 12 13 14 1s 1s 17 18 19 2D Dela"on of Rewipt S S s s s • il B C ANDREW A_ SANFIILH'PO COMPTROLLER To Whom It May Concern: DARRYL McPHERSON CrrT AUDITOR Please he advised that pursuant to the New York Slate Department of Taxation and Finance, New York Regulations Section 529,2, paragraphs (a)(3), (b)(1) and (b)(2): The City of Buffalo, a political subdivision within the State of New York, as a purchaser of personal property or services, Is not subject to sales or use tax. The City of Buffalo's Federal Tax Identification Number is 16- 6002533 Please retain a copy{ of this memo in conjunction with purchases of your company's product or services by the City of Buffalo, the Buffalo Sewer Authority, the Buffalo Municipal Water Financial Authority or the Buffalo Water Board, If you require further assistance concerning the sales tax exempt status of the organizations cited above, please contact the following: Investment & Debt Mgmt Officer 1214 City Hall Buffalo NY 14202 716 -851 -5269 CITY OF BUFFALO DEPARTMENT or AUDIT AND CONTROL COMPTROLLER'S OFFICE 1230 CITY BALL BU1 NF -W YORK 14202 NYS Dept. of Taxation & Finance Sales Tax Unit, Bldg. S, Room 9 W. A. Harrison Campus Albany NY 12227 Very truly yours, For Darryl McPherson Ci Auditor ,lames E Barrett Principal ACGOl#ntant \I ) ANDREW A. SANFILIPPO COMMOLL EK November 17, 2009 Mr. Stephen Stepniak Commissioner of Public Works, Parks & Streets 502 City Hall 65 Niagara Square Buffalo, New York. 14202 Dear Commissioner Stepniak: Re: Petty Cash Audit DARRYL HePITERSON CITY AUDITOR on October 15, 2009 the Department of Audit and Control performed an unannounced petty cash audit of the Department of Public Works, Parks and Streets. It was noticed that an "IOU" was being counted as part of their petty cash. Unless the funds were replaced that day due. to a cash purchase, this procedure is not allowed. That, however, was not the case in this situation. It was also revealed that the individual securing the petty cash funds was not the official custodian (Charles Masi) on file with the Department of Audit and Control. In the future, please have your custodian follow the guidelines that were provided to them on the day the petty cash was verified. heel free to contact this office if you have any questions regarding this communication. Thank you for your attention to this matter. Ver 7 my ;McP s 1 It DARRYL HER SON City Auditor CITY OF BUFFALO Dfl.' 'ARTMENT O AUDIT AND CONTROL COMPTROLLER'S OFFICE 1230 CITY 1IAU, BUFFALO NEW YORK 14202 cc: Charles Masi ANDREW A. SANFILIPPO COM}'TftOLLER November 17, 2009 Mr. Brian Reilly Commissioner of Economic Development, Permits & Inspection Services 920 City Hall 65 Niagara Square Buffalo, New York. 14202 Dear Commissioner Reilly: Re: Petty Cash Audit DARRYL MCPHERSON CITY Ai111a1"iOR On October 15, 2009 the Department of Audit and Control performed an unannounced petty -cash audit of the Real Estate Division. It was noticed that an "IOU" was being; counted as part of their petty cash.. Unless the funds were replaced that day due to a cash purchase, this procedure is not allowed. What, however, was not the case in this situation. It was also revealed that the individual securing the petty cash funds was not the official custodian (John IIannon) on file with the Department of Audit and Control. In the future, please have your custodian follow the guidelines that were provided to therm on the day the petty cash was verified. Feel free to contact this office if you have any questions regarding this communication. Thank you for your attention to this matter. Very ly yours, DARR L McPHERSON City Auditor CITY OF BUFFALO DEPARTMENT OF AUDIT AND CONTROL, COMPTROLLER'S MICE 1230 CITY HALL BUFFALO NEW YORK 14202 cc: John Fannon FROM THE PRESIDENT OF THE COUNCIL Nov. 24, 2009 I�LE,L.MORI:i DfS �rEZ[C "E' COUNCIL i�'tl-MI31 R November 16, 2000 rte[ I� DAVID A. F ANCZYK PRI"ISIDENT OF TI n BUFFALO COMMON COUNCIL Attn: All Common Council Members Gerald Chwalinski, City Clerk —� Changes to Common Council Committees 65 NIAGARA SQUAREE, 1315 CITY HALL BUFFALO, NY 14202 - 3318 (716) 851 -4138 FAX: (716) 857 -4869 L -maIl: dfranczykCu)city- buffalo.coinl City of BLIffifln WCbsitE> -: www.city- buffaloxom Please be informed that, pursuant to section 3 -13 of the City of Buffalo, NY Charter ( "President of the Common Council; Powers and Duties ") and Rule 3 ( "Regular Con ") of the Rules of Order of the Common Council of the City of Buffalo For The Years 2008-2009,.[ hereby make removals and appointments to the following Common Council Committees: Committee oil Civil Service: Position: Rem o Member 131 C. Davis Committee oil Finance: Positio RerrEov Member Brian C. Davis Committee on Legislation: Po Rem Menibel Brian C. Davis Subcommittee oil Taxicabs and Liverics: P osition: Remo ved: Member Brian (..'. Davis Special Committee on Education: ApRO inted: Ile ctivei Date_: NIA 1.1/16/09 A_ 1)1.?c)i I Date: Dcmone A. Smith 11/16/09 A "M(iil>ted: FIT ecti ye Da te: Bonnie ll. Iteissell 11/16/09 nI� . ointed; l "T fiectiv e Dat Bonnie f-. Russell 11/15/09 .Pos ition: Re moved: npr ointe 1. f fect' e Pat Member Brian C, D avis Michael P. Kearns I ( /15/00 Special Committee oil Minority Business Enterprise: Po sition_: Rem oved: Axlinte 1= ;f Da te: Member Brian C. Davis David A. Rivera 1 1 /16 /09 Special Committee on Waterfront Development: Positi Remo ved: Ap1?oi Effe Da te; �- Member Brian C. Davis Michael J. LoCurto 11/16/09 ti Special Committee on Parks: I' R emoved: Member Bfian C. Davis Special Committee on Police Oversight: Posi Re moved: Chairman Brian C. Davis Tbc above changes are effective immediately. 1Zespectfiilly, c )avid A. Franczyk Commm Council President Fillrnore District Council Member AP Eff ective D ate: Joseph Golombek, Jr. 11/16/09 Apm) intecl: . Efl ective Date: Richard A. Fontana 11./16/09 IVE FILED t. a` FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS Nov. 24, 2009 © 03 State Environmental Quality Review Act involved Agency Fludi ngs ataia,nicat Findings to Approve Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the City of Buffalo Common Council, as an :involved Agency, makes the following statements. Name of Action: Buffalo Niagara Medical Campus — North End Development Buffalo General Hospital Parking Ramp Lease Petitioner: Buffalo Niagara Medical Campus, Inc. SEQRA Status: Type 1, Positive Declaration Description. of Action: Buffalo Niagara Medical Campus, Inc. is requesting to lease the City of Buffalo -awned parking ramp known as the Buffalo General Hospital Parking Ramp ( "BHG Parking Ramp ") located at the corner of Ellicott and Goodrich Streets. Location: Ellicott and Goodrich Streets, Buffalo, New York Lead Agency: City of Buffalo Planning Board Agency Jurisdiction: Pursuant to §27 -13 of the Charter.of the City of Buffalo ( " Charter ") and New York General Municipal Law §507, the City of Buffalo Common Council ( "Common Council ") has jurisdiction and authority to lease City -owned property where it is in the interest of the community and consistent with an applicable Urban Renewal Plan. Date Final Generic Environmental Impact Statement (" FGEIS") Accepted: January 14, 2009 Date of Lead Agency's Findings Statement: January 27, 2009 Contact: William P. Grillo City of Buffalo Office of Strategic Planning 901 City Hall Buffalo, New York 14202 Phone: (71.6) 8515086 0 Facts and Conclusions Relied on to Support the Decision: Kaleida Health, Ciminelli Development and Buffalo Niagara Medical Campus submitted various applications to the City of Buffalo (City) associated with the BNMC -North End Projects. SEQRA requires state or local governments to assess the potential environmental 'impacts of their actions during the planning, review, and decision - making processes for those actions. The public (City, County and State) approvals and permits required for the individual BNMC --- North End Projects constitute the "Action" subject to SEQRA. The intent of SEQRA is to ensure that governmental decision - making is a balance of social, economic and enviroiunental factors be considered and weighed in reaching decisions on proposed activities or actions. Therefore, Agencies must determine whether a proposed action may have a significant effect on the environment, and if so, prepare or request that an environmental impact statement be prepared. Pursuant to SEQRA, the City of Buffalo Planning Board determined that the BNMC -North End Projects were a Type I Action and sought and received concurrence from other Involved and Interested Agencies to be the Lead Agency. Then, on September 23, 2008, the Planning Board determined that cumulatively, the Projects may have a significant impact upon the environment and issued a Positive Declaration, requiring the Project Sponsors to prepare a Draft Generic Environmental Impact Statement ( "DGEIS ") in accordance with the Planning Board - approved Scope. The Project Sponsors prepared and submitted the DGEIS to the Planning Board for review. On October 7, 2008, the Planning Board found the DGEIS to be in compliance with 6 NYCRR. Part 617.9(b) and made a determination that it was adequate to begin public and agency review. The DGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The subsequent public comment period began on October 7, 2008 and concluded on November 18, 2008. A public bearing on. the DGEIS was held at the Buffalo & Erie County Public Library on November 6, 2008. Input from the public review process was received in the form of written comments to the Planning Board throughout the public comment period and as oral /written comments received during the public hearing. The Planning Board determined that all the comments should be addressed in the form of a FGEIS. After reviewing the comments, the Planning Board requested that the Project Sponsors prepare the FGEIS. Pursuant to 6 NYCRR Part 617.9(b)(8), the Planning Board reviewed the FGEIS prepared by the Petitioners and determined that the FGEIS was complete on January 13, 2009. On January 1.5, 2009, the FGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The FGEIS addresses specific substantive comments raised during the public comment period and discusses mitigation measures which should be used to minimize potential negative impacts from the BNMC -- North End Projects to the maximum extent practicable. The Common Council, as an Involved Agency in this process, received and reviewed all of the documentation and analysis cited above. In October 2009, Buffalo Niagara Medical Campus and the Common Council began negotiating a Lease for the BGH Parking Ramp. "The request included a Draft Lease ( "Lease ") and a Short Environmental Assessment Form dated October 27, 2009 ( "SEAF "). Pursuant to §27 -13 of the Charter and New York General Municipal Law §507, the Common Council has considered the Lease for the BGH Parking Ramp and the potential impacts associated therewith. The Common Council has determined that the Lease is consistent with surrounding uses, overall City -wide planning goals and the Oak Street Urban Renewal Plan. Pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ( "SEQRA "), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts. The Project Sponsors have prepared a FGEIS for the entire North End Development on the Buffalo Niagara Medical Campus. Pursuant to the process set forth in the DGEIS and the Planning; Board's Findings Statement, the Petitioner has prepared and submitted to the Common Council the aforementioned SEAF specifically for the proposed Lease of the BGH Parking Ramp, to assist the Common Council in reviewing potential impacts of the Lease. The DGEIS and FGEIS also specifically analyzed and recommended the development of a coordinated parking; plan for the BNMC -North End to assist with the potential parking; impacts associated with the Projects. As such, the parking management mitigation measures embodied in the Lease were fully analyzed as part of the Planning Board's SEQRA review and the Common Council has determined and concurred that the requested Lease is consistent with the analysis and findings of the City of Buffalo Planning; Board as evidenced by its Findings Statement dated January 27, 2009. Therefore, the Common Council joins in the determination of the Planning; Board that the potential environmental impacts of the Lease are minimal. Additionally, BNMC will be required to comply with all relevant mitigation measures identified in the Planning Board's Findings Statement. CONCLUSION After evaluating the cumulative environmental, economic, and social impacts of the lease of the BGH Parking Ramp, the City of Buffalo Common Council is adopting; a feasible, prudent, and practicable alternative which best balances environmental. impacts with social, economic, and other essential considerations, and that allows for mitigation of all environmental impacts to the greatest extent reasonable and practicable. ' ,I/ Certification to Approve: Having; considered the DGEIS, FGEIS, SEAF and the Findings Statement of the City of Buffalo Planning Board, as Dead Agency; and having considered the proceedings, facts, and conclusions relied on to meet the requirements of 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQR.A]) the Statement of Findings certifies that: 1. The City of Buffalo Common Council has considered the relevant environmental impacts, facts, and conclusions disclosed in the DGEIS and the I;GEIS and their supporting materials; 2. The City of Buffalo Common Council has weighed and balanced the relevant environmental impacts with social, economic, and other considerations; 3. The City of Buffalo Common Council, as an Involved Agency, has provided a rationale for its decision; 4_ The requirements of Article 8 of the Environmental Conservation Law and the implementing; regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]) have been met; 5. Consistent with social, economic, and other essential considerations from among the reasonable alternatives available, the actions to be carried out are those which avoid or minimize, to the maximum Extent practicable, adverse environmental impacts disclosed in the DGEIS, FGEIS and SEAF; and 6. Adverse environmental impacts will be minimized or avoided to the maximum extent practicable by incorporating, as conditions to this decision, those relevant mitigating measures which were identified as practicable in the Planning Board's Findings Statement dated January 27, 2009. gyp' Filing: The City of Buffalo Common Council's designees are hereby directed to file and distribute this Findings Statement as required by Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 {State Environmental Quality Review Act (SEQRA]). Certification- These Findings were adopted by majority vote of the City of Buffalo Common Council at a duly called meeting held on November 24, 2009. itv of Buffalo Common Council Name of Agency David A. Franczyk Signature of Responsible Official Name of Responsible Officer Council President November 24, 2009 Title of Responsible Official Date City of Buffalo Common Council, 901 City Hall, 65 Niagara Square, Buffalo, New York 14202 Address of Lead Agency A copy of this notice sent to: New York State Department of Environmental Conservation New York State Department of Transportation New York State Department of Health New York State Office of Parks, Recreation and Historic Preservation Dormitory Authority of the State of New York New York State Office of Mental Health New York State Office of Alcohol and Substance Abuse Services New York State Board of Regents State University of New York Niagara Frontier Transportation Authority (NFTA) Erie County Department of Environment and Planning Eric County Department of Health Erie County Department of Mental Health Erie County Office of Alcohol and Substance Abuse Services Erie County Industrial Development Agency Emergency Services — Sheriff's Office Environmental Management Council City of Buffalo Department of Permit and Inspections City Water Department Buffalo Sewer Authority Street Department (Dept. of Public Works) Buffalo Fire Department 00004 91 (Rev. 1193) SING�,E P_A `T'OT'E COMMON COUNCIL TO: Ti IE COMMON COUNCIL DATE; November 18, 2000 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: 1: Notification Serial {110512 [; Repeal No Turn on Red [: "hifft Street, eastbound and westbound [: at South Park Avenue 1: (South District) PRIOR COUNCIL, REFERENCE: (IF ANY) Ex. ( Item No. xxx, C .C.P. xxlxx /xx) NO TURNS ON RED - REPEAL In conformity with Section 479 of the Ordinances of the City of 1 LIM -1lo, 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 (45) days after the first Council meeting at which they appear on the agenda as an item business. That that part of the Subdivision 1 of Section 38 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by i tlrerefrorn the following: TURNS PROHIBITED FACING STEADY RED SIGNAL. Vehi on Tiffl Street traveling eastbound and westbound at 1 ntersect o f South Park Avenue southwest corner anal northeast corner Effective Period of Time 7 am 4 pan Monday to Friday This action is being taken due to the closing of the school at this intersection, Holy Family Catholic School, to]' which this restriction was installed. SJS /PJM /EDS /RWS "TYPE DEPARTMENT HEAD NAME; Peter J. Menlo, P.E. TYPT TITLE: City Engineer SIGN OF DEPARTMENT HEAD: r t'1'i fii Gx�Ih Pa �k niTflkfsci>n:�1_doa' } } HI (Rev. 1/93) SINGLE PAGE COMMUNICA`l'I.ON TO TI[I: COMMON COUNCIL. TO: THE COMMON COUNCIL DATE: November 18, 2009 PROM: UEPARTMEN "r: Public Works, Parks and Streets D]VISION: Engineering; SUBJECT: [: Notification Serial 1110513 f: Repeal No Turrl on Red (: South Park Avenue, northbound and southbound at 1 iffl Street [: (South District) PRIOR COUNCIL_ REFERENCE: (IF ANY) [: Ex. ( Item No xxx, C.C.P. xx /xx /xx NO TURNS ON RED - R EPEAL In conformity with Section 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, aimnding, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five (45) days after the first Council meeting at which they appear on the agenda as an item business. That that part or the Subdivision I of Section 38 of Chapter 479 of the Ordinances of the City of Buftialo be supplemented by repealing therefi the following: TURNS PROHIBIT "IH,D FACING STEADY R13D SIGNAL, Vehicles on at Inter of Effective Period of 'rime South Park Avenuc Tifft Street 7 am -- 4 pun traveling northbound southeast corner and Monday to Friday and southbound northwest Corner This action is being taken due to the closing of the school at this intersection, I loly Family Catholic School, for which this restriction was installed. .. n 0, D SJS /PJM /E.DS /RWS TYPE DEPARTMENT IIEAD NAME: Peter J. Merlo, P.E. TY1?E TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: �- (jgnl,�Arkl'in1N l0ldkcjx ldIK) Ccoi5 1tt (Rev. 1193) SIN PAGE. COMMUNICATION TO THE COMMON COUNCIL `1'O: '111 E COMMON COUNCIL DATE: November 17, 2009 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT:: Notification Serial #10514 [: Traffic Control Signal - Repeal [: West Delavan Avenue at Public School I156 [; Delaware /North Districts PRIOR COUNCIL, RF;FERENCE: (I1' ANY) [ Ex. (itgi No. xxx x x/xx /x x) TRAFFIC CON'T'ROL SIGNAL - REPEAL In conforrnity with Section 49 of Chapter 479 of the Ordinances oftlie City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action suppletnenfiing, 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 itern business. That that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repeating therefrom the following: TRAFFIC CONTROL SIGNAL., INTERSECTION OF West Delavan Avenue at Public School 1156 This action is being taking a result of the Traffic Signal Warrant Study taken at 12 intersections along Delavan Avenue. (See next serial) SLS /PJM /JJP TYPE DEPAH'I'MENT' HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: LE: City Engineer SIG NA1URF OF DEPARTMENT IIE�AD: (ns10514.doc) #1 (Rev. 1193) SIN P AGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL, DATE November 17, 2009 FROM: DEPARTMENT: Public Works DIVISION: Engineering SI JBIECT: [: Notification Serial 1/10515 [: install Stop Signs [: in West Delavan Avenuc at [: Public School x`56 [: Delaware I North Districts PRIOR COU'NC.IL RFFFRENCE: (IF ANY) [: Lax. (Item No. xxx, C.C. xx /xx /xx STOP SIGNS (ALL -WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Fngincer 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 Comicil meeting at which they appear on the agenda as an iten business. 'That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of lluffalo be supplemented by adding thereto the following: STOP SIGNS VEIIICL.I.S ON West Delavan Avenue SHALL STOP BEFORE ENTERING Public School 1156 This action is being taking a result of the Traffic Signal Warrant Study taken at 12 intersections along Delavan Avenue. (See previous serial) SL_,S /PJM /JJP TYPE DFI'ARTMENT H AD NAME: Peter J. Merlo, P.E. TYPE TITLE: City .Engineer SIGNATURE. OF DEPARTMI NT HEAD: (ns 10515.doc) 1/1 (Rev. 1193) S PAGE COM.MUNICA'rION TO THE, COMMON COUNCIL TO: THE COMMON COUNCIL. DATE: November 17, 2009 FROM: DEPARTMENT: Public Works DIVISION: I ngincering SUBJECT: [: Notification Serial 1110516 [; Traffic Control Signal - Repeal [: East Delavan Avenue at Pleasant Place/ Meech Street [: Masten District PRIOR COUNCIL REFERENCE: (Ili ANY) Ex. (I No. xx C. C.P, xx/ xx /xx) TRAFFIC CONTROL, SIGNAL - RI PEAL 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 sapplernenting, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five clays after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 36 of' Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefroln the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF East Delavan Avenue at Pleasant Place 1 Meech Street "this action is being taking a result of the Traffic Signal Warrant Study taken at 12 intersections along Delavan Avenue. SLS /PJM /JJP TY DEPAIZTMI3Nr HEAD NAME: Peter J. Merlo, P.E, TY PE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (ns10516.doc) #I (R.ev. 1.193) SINGLE, PAGE COMMUNICATION TO TIIE COMMON COUNCIL 1'O: THE COMMON COUNCIL DATE: November 17, 2009 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUI3JE.CT: [: Notification Serial ##10517 [: 'traffic Control Signal - Repeal [: East Delavan Avenue at Oakgrove Ave/ Pansy Place f: Masten District PRIOR COUNCIL REFERENCE,: (JF ANY) Ex. (Rena No. xxx C.C.P. xx /xx /xx) TRAFFIC CONTROL SIGNAL - 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 suppleirienting, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five clays after the .first Council meeting at which they appear on the agenda as an item business. That that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL, SIGNAL, IN`1'I;RSI3C`FION Ol East Delavan Avenue at Oakg.rove Ave I Pansy Place This action is being taking a result of the Traffic Signal Warrant Study taken at 12 intersections along Delavan Avenue. SLS /PJM /JJP T YPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATU OF IWARTMI NI' BEAD: (ns I O517.d oc) ,I I3 I'AGF COMMUNICATION TO THE COMMON COUNCIL. ' #l1 (12_rv, 1191 SI NG _ �;. TO: THE COMMON COUNCIL, DATE: November 17, 2009 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: [: Notification Serial # #10518 [; Traffic Conti of Signal - Repeal (: Fast Delavan Avenue at Chelsea Place Masten District PRIOR COUNCIL, REIsFRENCE: (IF ANY) Ex. (Item No_x TRAFFIC CONTROL SIGNAL - REPEAL, In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Lsngineer 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 rnceting at which they appear on the agenda as an item business. That that Bart of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Exist Delavan Avenue at Chelsea Place This action is being taking a result oftlic'T'raffic Signal Warrant Study taken at 12 intersections along Delavan Avenue. SLS /PJMIJJP TYPE DEPARTMENT HEAD NAME: Peter J. Mcdo, P.E. TYPH TITLE: City Engineer SIGNA TURE OF DEPARTMENT" ITEAD: (us 10518.doc) fl (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL i TO: THE COMMON COUNCIL DATE: November 17, 2009 FROM: DEPAR'I'MENT: Public Works DI VISION: Engineering SUBJECT: [: Notification Serial 1110519 1: Traffic Control Signal - Repeal j: East Delavan Avenue at Deerfield Avenue / Schuele Avenue [: Masten District PRIOR COUNCIL REFERENCE: (II{ ANY) [: Ex. (itgn No. xxx, C.C xx /x x /xx) TRAFFIC CONTROL SIGNAL - 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 mecting at which they appear on the agenda as an item business. That that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing; therefrom the following;: TRAFFIC CONTROL SIGNAL INTERSECTION OF East Delavan Avenue at Deerfield Avenue / Schuele Avenue This action is being taking a remit of the Traffic Signal Warrant Study taken at 12 intersections along Delavan Avenue. S[,S /PJMIJJP TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE; City Engineer SIGNATURE OF DEPARTMENT HEAD: _ �1 /a, (iis 10519.doc) t1 (Rcv. 1/93) S1NGL P AGE, COMMUNICATION TO THP" COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 17, 2009 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: [: Notification Serial 1110520 [: Traffic Control Signal - Repeal [: East Delavan Avenue at Moselle Street/ Wyoming Avenue [. Masten District PRIOR COUNCIL REFERENCE: (1I ANY) I (Itej� xx C.C.P. xx /x TRAFFIC CONTROL, SIGNAL - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Eligineer hereby notifies Your Honorable Body of this action supplementing, amending, of 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 Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following. TRAFFIC CONTROL SIGNAL INT RSI CTION OF Fast Delavan Avenue at Moselle Street / Wyoming Avenue This action is being taking a result o.fthe `I raftic Signal Warrant Study taken at 12 intersections along Delavan Avenue. TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPI3 "I'I "I'LE: City Engineer SIGN ATURE OF DEPARTMENT HEAD: (rtes 10520.doe) ##I (R _ 1193) SINGLE_ AC3E. COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL., DA'I'S: November 17, 2009 FROM: DEPARTME T: Public Works I]IVISION: Engineering SUBJI C'T: PRIOR COUNCIL REFERENCE: NCI?: (IF ANY) [ Ex. (I tem No. xxx C.C.P. xxlxxl_xx 'TRAFFIC: CONTROL SIGNAL - RITEAL [: Notification Serial #110521 [: Traffic Control Signal - Repeal [: East Delavatt Avenue at Nortlitimberland Avenue [: Masten District In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Ilonorable Body of this action supplementing, amending, or repeating 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 Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF East Dclavan Avenue at Northumberland Avenue This action is being; taking a result of the 'fraffic Signal Warrant Study taken at 12 intersections along Delavan Avenue. SI,S /PJM /JJP TYPE DEPAR "1'MEN'f HEAD NAME: Peter J. Merlo, P.E. `I'YPF TITLE;: City I"ngincer SI GNATUR E OF DEPARTMENT BEAD: (nsI052I .doc) #1 (Rev. 1/93) SINGLE, IIA(;1�, COMMUNICATION TO THE COMMON COUNCIL.. TO: THE COMMON COUNCIL DATE,: November 17, 2009 FROM: DI:PAR'I'MI: N1': Public Works DIVISION: Engineering SUBJECT: Notification Serial li10522 [: Traffic Control Signal - Repeal [: East Delavan Avenue at Olympic Avenue [: Lovejoy District PRIOR COUNCIL REFERENCE: (IF ANY) [ I?x. (It No x xx, C.C,P. xx / xx /xx) TRAFFIC CONTROL SIGNAL - RI:;PEAL 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 Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTI RSECTION OF Bast Delavan Avenue at Olympic Avenue This action is being taking a result of the 'Traffic Signal Warrant Study taken at 12 intersections along Delavan Avenue. I S /PJM /JJP TYP1 DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT IIEAD: (ns10522.doc) 1!93) SI NGI,V� P AGE; COMMUNICATION TO TH1; COMMON COUNCIL ; TO: THE, COMMON COUNCIL DA`Z'E: November 17, 2009 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: [: Notification Serial 410523 Traffic Control Signal - Repeal [: East Delavan Avenue at Suffolk Street /Texas Street [: Lovejoy 1 University Districts PRIOR COUNCIL RE.FLRI NCE: (ZF ANY) [ I:x. {Item Nc�. xx C. C.I'�xx/xxlxx) TRAFFIC CON`FROL SIGNAL - RE1'EsAL 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 Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: `I'RAF IC CON1'ROI, SIGNAL IN F,RSECTION OF T;ast I)elavan Avenue at Suffolk Street /Texas Street This action is being taking a result of the Traffic Signal Warrant Study taken at 12 intersections along Delavan Avenue, Sl.,S1I'JMIJJP TYPE, DETARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE "TITLE: City Engineer SIGN ATURE, OF DEPARTMENT HEAD: _..... _� (nsI0523.doc) fil (Rev. 1193) SINGLE I AQE COMMUNICA "TION'1'0'I'IIT" COMMON COUNCIL TO: TTIE COMMON COUNCIL DATE: November 17, 2009 1aR0 M: DEPARTMENT: Public Works DIVISION: Enginecring SUBJECT: j: Notification Serial 1110524 [: Traffic Control Signal - Repeal J: East Delavan Avenue at Newburgh Avenue (southbound) (: Lovejoy 1 University Districts PRIOR COUNCIL, REFERENCE: (TI' ANY) [: Ex. (Item No. xx -C.( .I'. xx /xx /xx) TRAFFIC CONTROL SIGNAL - REPEAL In conformity with Section 49 of' Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your I lonorable Body of this action supTAernenting, 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 Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF East Delavan Avenue at Newburgh Avenue (soi.Athbound) This action is being taking a result of the Traffic Signal Warrant Study taken at 12 intersections along Delavan Avenue. SLSIPJM /JJP T DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (ns 10524.cloc) tll (Rev. 1/f)3) SI_NGL PA GE COMMUNICATION TO THE COMMON COUNCIL {: TO: THE COMMON COUNCIL DATE: November 17, 2009 FROM: DEPARTMENT: Public Works DIVISION: Engineering; SUBJECl': j: Notification Serial #t10525 [: Traffic Control Signal - Repeal. [: Fast Delavan Avenue at Floss Avenue Lovejoy Districts PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Iten1_ xxx ( � C.}? xxlxxfx TRAFFIC CONTROL SIGNAL - 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, arnending, 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 Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC; CONTROL SIGNAL. INTERSECTION OF East Delavan Avenue at Floss Avenue This action is being taking a result of the 'Traffic Signal Warrant Study taken at 12 intersections along; Delavan Avenue. SL.S /PJM /JJP TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. "T TITLE: City Engineer SIG NATURI OF DEPARTMENT � - -V (nsl0525.doc) #1 (Rev. 1/931 SING PA GE COMMUNICATION TO THE COMMON COUNCIL 4 '` `1'O: THE COMMON COUNCIL DATE: November 17, 2009 1�R0im: DEPAR'I'MEN`I': Public Works DIVISION: Engineering SIJI3JECl': j: Notification. Serial N 0526 [; 'Traffic Control Signal - Repeal East Delavan Avenue at Erb Street [: Lovejoy Districts PRIOR COUNCIL REFERENCE: (IF ANY) [: Fx. (Itegg x xx,_C, C.P. x x/xx /xx) TRA.F IC CONTROL, SIGNAL - 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 hart of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC; CONTROL, SIGNAL INTERSECTION OF Fast Delavan Avenue at Erb Street This action is being taking a result of the 'Traffic Signal Warrant Study taken at 12 intersections along Dclavan Avenue. REFS -D 1R T COMMITTEE 3N G5LA I a SLS /PJM /JJP TYPE DEPAR 'I'MEN'I' II13AD NAME: Peter J. Merle, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD:_ - -- (ns10526.doc) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE; 11/17/2009 FROM: DEPARTMENT; Public Works, Parks & Streets DIVISION Buildings SUBJECT: [: Emergency Hire [: Payment for Time Worked PRIOR COUNCIL. REFERENCE: (IF ANY) Ex. flte n No. xxx, C.C.P. xx /xx /xx_) On 10/15/2009, 1, Commissioner Steven Stepniak, declared an emergency hire of stationary engineers due to the sudden drop in temperature and the need to keep City of Buffalo owned buildings open. The following were in the process of being hired at the time of my declaration: These engineers are due the following pay: Lawrence Doctor Jr. - 40 hours @ $15.00 per hour = $ 600.00 William Gallagher - 88 hours @ $15.00 per hour = $1320.00 Andrew Krawchuk - 16 hours @ $15.00 per hour = $ 240.00 Dennis Schollard - 40 hours @ $15.00 per hour = $ 600.00 Since the emergency hire, these individuals have been processed and appointed. TYPE DEPARTMENT NAME: TYPE TITLE: C SIGNATURE OF DEPARTMENT HEAD: SJS:CAM:kh D AND H Steven J. Stepniak 00017 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 18, 2009 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering PRIOR COUNCIL REFERENCE: NIA SUBJECT: ENDORSEMENT OF THE CITY OF BUFFALO'S APPLICATION FOR BUFFALO AND ERIE COUNTY STANDING COMMITTEE GRANT FUNDING The New York Power Authority Relicensing Settlement funds are available for projects promoting the Niagara River Greenway. The application process requires an approval or endorsement of the governing body, consultation with the Erie County Greenway Commission and application to the Buffalo and Erie County Standing Committee or the Ecological Standing Committee. The Department requests your Honorable Body to endorse the City of Buffalo application for up to $710,000 to repair sinkholes caused by seawall erosion, to repair the mid section of D.A.R. Drive and to provide additional recreational opportunities in LaSalle Park. A portion of this funding will be utilized to match $250,000 provided by the Army Corps of Engineers to conduct a feasibility study on the seawall repair and renovation. For your reference the project abstract is attached. There is no City match required for this funding. ADOPTED OPTED DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. City Engineer SIGNATURE OF DEPARTMENT HEAD:: �� G� PROJECT NARRATIVE I. PROJECT DESCRIPTION AND PU RPOSE The purpose of the LaSalle Park Phase 11 Master .Plan Implementation is to address safety concerns and to add recreational features of this waterfront "diamond in the rough." The Park is strategically located near downtown Buffalo, Lake Frie, the Peace Bridge and the Frio Basin Marina. Families from the very diverse neighboring Lower West Side coMMUnity can take advantage of their neighborhood's proximity to the athletic fields, swimming pool, splash pad and the new "backyard" Dog Park. Implementing Phase 11 of the Master Plan will continue the work begun through the generous funding of the Buffalo and Erie County Greenway Standing Committee. The October 2009 Greenway award will provide for a new playground, signature pavilion and park amenities, and an enhanced entry roadway. The vision is that LaSalle Park will be Buffalo's .Premier Waterfront Park Complete redevelopment of LaSalle Park was proposed in 1997, but due to lack of funding, the Master Plan, initially estimated to cost over $11 million, is only approximately 1/3 completed. The Master Plan calls for a reconstructed riverwalk, multi- purpose lakefront structure including concession stands, a festival midway, upgraded football, soccer, baseball and softball fields, tennis and volleyball courts, fishing pier and enhanced band shell. Currently, the City of Buffalo is undertaking a $2.5 million renovation of LaSalle Park's Centennial Pool, which was closed for service for several years. In addition, the City's 2009 capital project budget provides for the upgrade of the shelter house, refurbishing the splash pad and the expansion of the "backyard" Dog Park. Private contributors have also invested in the expansion of the Dog Park, indicating the community's enthusiasm for this feature. While recreational activities serve to attract people to the park as a destination, it is critically important to address safety concerns along the R.iverwalk. lust on the other side of the Colonel Ward Pumping Station, the Riverwalk is the second entry way to the park.. Sinkholes continue to erode the pavement, and issues identified as far back as 2004 have not been addressed. due to budget concerns at the City of Buffalo and the County of Eric. The proposed project will improve safety in the short term by repairing the waterfront roadway, which if not reinforced would eventually washout. In preparation for long term safety enhancements, an engineering study will be conducted by the Army Corps of Engineers to design the reconstruction of the seawall. The Army Corps requires a 50% local match, or $250,000 from the City of Buffalo to complete this study. The City proposes to utilize Greenway funding to for the seawall study, for sinkhole repair and for replacing approximately 600 feet of roadway on D.A.R. drive in the mid- section of the park. In addition, the City proposes to add a recreational feature that was identified in the .Master Plan drafted in 2000, specifically, a skate park_ The total project cost is estimated to be approximately $710,000. City Clerk's Department BUFFALO November 25, 2009 HON, BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 18 Increase Encumbrance Contract #93000183 PASSED November 24, 2009 Gerald A Chwalinski City Clerk 0 0001'S 42 (Rev. 1193) SING P ACE COMMUNICATION TO THE COMMON COUNCIL '1 TO: THE COMMON COUNCIL DATE: November 5, 2009 FROM: DEPARTMENT: DIVISION: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx, C. xx/xx /x Public Works, Parks and Streets Engineering SUBJECT: [: Increase Encumbrance [: Contract No. 93000183 [: Item No. 15, C.C.P. 6/10108 [; Item No. 11, C.C.P. 10/28/08 [: Item No. 11, C.C.P. 03/03/09 As authorized by Your Honorable .Body in the aforementioned resolutions I have issued a consultant contract for emergency bridge repair. Under this contract our Department recently completed structural repairs to the Ohio Street Litt Bridge and several smaller projects, As a result of this work we have exhausted the funds in this contract. Currently the City of Buffalo has several structural hags active on several bridges. In order for our Department to properly address these flagged conditions, additional funding is required for a structural assessment. I atn now requesting your Honorable Body approve change order 42 to increase the encumbrance for this contract: Original Contract Amount: $ 45,000.00 Construction and Inspection Services for the Ohio Street Lift Bridge: $ 20,000.00 (Change order III, previously approved) Char Orde # #2 4 5,000.00 New Contract Amount $110,000.00 Funds for this change order are available is Account 31310606 - 445100. PJM:JDB.DJP CC: Debbie Bagarozzo Charles A. Masi TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYP TITLE: City Engineer Department of Public Wo'rks; barks & Streets S IGNATU RE OF DI?PARTMI;NT HEAD. 1 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 5, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, an increase in the amount of $45,000.00, as more fully described in the above communication, for work relating to Ohio Street Lift Bridge, Contract No, 93000183. Funds for this project are available in Account 3131 0606 - 445100. Passed DEC - 7 2009 1 O • t:1wp60\m mIV\13c 11- 24a.doc �s } * AYE *NO* FONTANA x FRANCZYK X GOLOMBEK x KEAItNS X LOCURTO RIVERA x RUSSELL__ x SMITH X K Maj -5 * * x 2/3- G 3/4- 7 X City Clerk's Department BUFFALO November 25, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAF: SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 19 Permission to Pay Retainage Franczyk Park (Fill) PASSED November 24, 2009 Gerald A Chwalinski City Clerk .ii #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 1`0: THE COMMON COUNCIL FROM: DEPARTMENT DIVISION: DATE: November 4, 2009 Public Works, Parks & Streets Commissioner's Office SUBJECT: [: Permission to Pay Retainage [: Franczyk Park [: Environmental Remediation [: Fillmore District PRIOR COUNCIL REFERENCE (If Any) [: EX. (item No. CCP ) TEXT: Permission is hereby requested from Your Honorable Body to pay 100% of the retainage for Franczyk Park, Environmental Remediation, to Hohl Industrial Services, C #92011251. Their work is complete at this time, but we request to leave the contract open with the anticipation of new work to be done at a later date as required by the NYS DEC. Funds for this additional work are available in 31310906 445100 — Buildings. The NYS DEC will be reimbursing 90% of construction and A &E costs. SJS /PJM /JS /dlg cc: S. Harvey, Buildings Department Head Name: Steven J. Ste nick Title: Signature of Department Head: Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated November 4, 2009 be received and filed; and That the Comptroller be, and he hereby is authorized to pay 100% of the retainage for Franezyk Park Environmental Rem.ediation, to Hohl Industrial Services, C #92011251. Funds for this additional work are available in 31310906 445100 -. Buildings, The NYS DEC will be reimbursing 90% of construction and A &E costs. Passed. D [C w 7 2009 19 TA[3:rmv `[':%wp60luls',aonllnnv119C [ 1 -24a. doc AYE *NO * FONTANA * FRANCZYK x GOLOMBEK x KEARNS * LOCURTO x RIVERA x RUSSELL x SMITH * x �C ifc K Ma j - 5 2/3- 6 * '� 3/4- 7 * �` 0000 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 5, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Reconstruction Project Niagara St. Streetscape Project PIN #5757.14 Informational Update North and Niagara Districts PRIOR COUNCIL REFERENCE: (IF ANY) [: Item #18 of July 10, 2007 On July 10, 2007, Your Honorable Body approved Item #18 which authorized the Mayor to enter into all necessary agreements to administer, design, bid and construct the Niagara Street Reconstruction project. At that time, the project limits were defined as Virginia/Carolina Street to Niagara Square. Given the status of the Peace Bridge project and it's impact to Niagara Street, this Department has shifted the limits of the Niagara Street project. The new limits are now from Ontario Street to Busti Avenue. This would allow the City to continue the Niagara Street improvements from the terminus of the .first project (Vulcan to Ontario) to the start of the Peace Bridge area ( Busti). Remediation from the Peace Bridge Project should then allow the City to complete the section of Niagara from Busti to Niagara Square. COV AND FILED Q P IM JDBldab TYPE DEPARTMENT HEAD NAME: TYPE 'TITLE: SIGNATURE OF DEPARTMENT HEAD: (Niagara- titni(schange -1 10509.doe) 1 l � 3 Steven J. Stevniak 000;1 . #t3 (Rev 1 -02) Certificate of Appointment In conipl with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 trattsrnit this certification of appointments) or promotion(s). I further certify that the person m s) named in Schedule "A" have been certified or approved by the tiutttan 12esourceslCivil Service for the Appointment I"fTective: � � 1 J 6 C 1 in the Department of Public Works Division of Streets to the Position of Equipment Operator Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) PROMOTION Minimum, Intermediate, Maximum, Flat (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of: $37077 LAST JOB TITLE Truck Driver NAME Jeffrey Tamsen LAST DEPARTMENT DPW DATE 11109 ADDRESS 42 Eugene St. LAST SALARY $35,955 CITY & zip Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX - XX - 6494 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & SIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 6040 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 - 090 SALARY RANGE OF POSITION $22,246- $37,077 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste nick I -- TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: t7l ; SIGNATURE OF APPOINTING AUTHORITY; ORIGINAL + 3 COPIES TO: CITY'GLERIC ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #& HUMAN SERVICESICIVIL SERVICE #7 BUDGET #8 DEPARTMENT #9- DIVISION #i0- EMPLOYEE(S} #3 {Rev 1 -02} Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of BLIffa4 ±r, I transmit this certification of appointment(s) or prornotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the 1 Turnan Rcsonrces /Civil Service for the Appointment Effective: I. in the Department of Public Works Division. of Streets to the Position of Training Officer Permanent, Provisional, Temporary, Seasonal (insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) PROMOTION Minimum, Intermediate, Maximum, Flat (Insert one) FOURTH STEP Enter Starting Salary) : Starting Salary of $39,653 LAST JOB TITLE Heavy Equipment Operator NAME Eugene Kelsy LAST DEPARTMENT DPW DATE 11109 ADDRESS 46 Shoreham Parkway LAST SALARY $38,745 CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -5862 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 15030001 TITLE CODE NO 1531 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2009 -33 SALARY RANGE OF POSITION $35,970- $40,880 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Ste nick -r . Commissioner /-1 f 1[}9 ORIGINAL + 3 t.;UFJ.LS — 1 u- _1v1_ — OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- MPLOYEE(S) � =' i /_, #'3 (Rev 1 -02) ' Certificate of Appointment in compliance: with provisions of Section 24 -2 of the Charier and Chapter 35 -1 of the Ordinances of [lie City of Buffalo, f transmit this cenification of appoirrtnment(s) or promotion(s). I further certify that the persons) named in Schedule "A" have been certified or approved by the f Inman ResourceslCivil Service for the Appointment Effective: in the Depat of Public Works Division of Streets to the Position of T Driver Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MAXIMUM �Enter Stai Salary) : Staning Salary of: $35,955 LAST JOB TITLE Equipment Operator NAME Garrett A. Buchnowski LAST DEPARTMENT DPW DATE 11109 ADDRESS 777Amherst St. LAST SALARY $35,114 CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN, XXX - XX - 5159 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4. DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE. BUDGET ORG_ CODE 52002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2009 - SALARY RANGE OF POSITION $21,573 - $35,955 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steve J. Stepniak TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 11417-409 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET ' 1 #8- DEPARTMENT #9- DIVISION #10- EMPLOYEES) f; POSITION ALLOCATION MAINTENANCE FORM / Title Truck Driver (Streets) Department /Division Public Works Parks & Streets Division of Streets Start Date Original PR .No. 2005 -032 % J � Title Code No. Salary Budget Function No. 6021 $35,955 (Maximum 52002601- 411001 [zeplac..ement ❑ Extension Reason for appointment (check one) ® Status Change ❑ Reinstatement ❑... Type of Status Change (check one) Type of Appointment: ® Permanent ❑ Contingent Permanent ❑ Provisional ❑ Temporary ❑ Seasonal ❑ From Temporary to Provisional ❑ From Temporary to Permanent ® From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification ❑ Exempt ® Competitive ❑ Non - Competitive Comments: Mr. Staniszewski currently holds this position on a provisional basis at step 5 pay. Mr. Staniszewski is being certified from the adopted Civil Service list for appointment to this title on a permanent basis. Employee Information: Name Ma rk E. Staniszewski SS# � —� - -- Address 104 Harding R oad DOB City uffalo Sete New York Zip Code 14220 Y _ �_- _ __ -._ _ __ -..._� _ �_ ..� _ Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance forth, City Clerk and Bridget — —__ POSITION ALLOCATION MAIN TENANCF FORM Title Truck Driver (Streets) Department /Division Public Works Parks . & Streets Division of Streets Start Date 'C Original PR No. 2006 -050 { `s Title Code No. 6021 Salary $35,955 (Maximum) Budget Function No. 52002601- 41.1001 Reason for appointment (check one) ® Status Change ❑ Reinstatement ❑ Repl Type of Status Change (check one) Tvoe of Annointment: ® Permanent El Contingent Permanent ❑ Provisional ❑ Temporary Seasonal vnt ❑ Extension'.-_ ❑ From Temporary to Provisional ❑ From Temporary to Permanent ® From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Cla ssificatio n ❑ Exempt ® Competitive ❑ Non - Competitive Comments: .Mr. Driscoll currently holds this position on a provisional basis at step 5 pay. Mr. Driscoll is bein certified from the adopted Civil Service list for appointment to this title on a permanent basis. Employee Information: Nance Tirnoth.yD. D riscoll SS# T f.- Address 203 Eden Street DOTS ......_ _ _. W__ - - - - -- Ci 13ufalo Staate N Y ork Li Code 14220 _. _. _ _ m _.._.__.... . _ _ . �...- _ -- —_ ...._� -. -- .......... _ ..- Send original copy signed. by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and .Budget POSITION ALLOCATION MAINTENANCE FORM Title Truck Driver (Streets), Department/Division Public Works Parks & Streets Division of Streets Start Date �i bol Original PR No. 2007 -222 Title Code No. 6021 Solar $ 35,955 Y Budget Function No. 52002601 - 411001 Reason for appointment (check one) ® Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) Type of Appointment: ® Permanent ❑ Contingent Permanent ❑ .Provisional ❑ Temporary ❑ Seasonal ❑ From Temporary to Provisional ❑ From Temporary to Permanent ® From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification ❑ Exempt ® Competitive ❑ Non- Competitive Comments Mr. Buscaglia currently holds this Position on a provisional basis at step 5 pay. Mr. Busca lia is bein certified from the adopted Civil Service list for appointment to this title on a permanent basis. E11' to ee Information: Name Giuseppe Buscaglia SS# Address 18 Dakota Street DOB Ci Buffalo State New York Zip Code 14216 Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance fonn, City Clerk and Budget Si mature of App o'lift A :Z 4 Date I! 1Z O Si nature Director of B Date Signature of Adm. Director of Civil Service Date Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance fonn, City Clerk and Budget 00012 POSITION ALLOCATION MAINTENANCE FORM Title "Truck Driver Streets Dep Parks & Streets, Division of Streets Public. Works, P r j Start Date Original PR No. 2005 -063 Title Code No. 6021 ' Salar (intermediate) Y $35 111 Inter Budget Function No. 150300001 - 411001 Reason for appointment (check one) ® Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) Type of App ointment: ❑ From Temporary to Provisional ❑ From Temporary to Permanent M From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification ® Permanent ❑ Exempt ❑ Contingent Permanent ® Competitive ❑ Provisional El Non-Competitive El Temporary ❑ Seasonal Comments Mr. Mazuca currently holds this position on a Provisional basis at step 4 Day. Mr. Mazuca is bein certified from the adopted Civil Service list for aDiDointment to this title on a permanent basis. LMplayee Information: Name Richard R. Mazuca SS# A 54 South Pierce Street DOB Buffalo Stag Ncw York Zi Code 14206 Send original copy signed by Dept. Head to Budget �. Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget g { 7 a Si nature. o A . ointin - Au thori Date 1 Signatur f Director of Budget Date '4 Signature of Adm. Director of Civil Service Date Send original copy signed by Dept. Head to Budget �. Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget POSITION ALLOCATION MAINTENANCE FORM Title Department /Division Start Date Original PR No. Title Code No. Salary Budget Function No. Truck Driver (Streets) Public Works Parks & Streets Division of Streets 2007 -178 1 ; s. 6021 $33,418 (Intermediate) 52002601- 411001 Reason for appointment (check one) ® Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) Type of Appointment ® Permanent ❑ Contingent Permanent ❑ Provisional ❑ Temporary ❑ Seasonal ❑ From Temporary to Provisional ❑ From Temporary to Permanent ® From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification ❑ Exempt ® Competitive ❑ Non - Competitive Comments Mr. Evans currently holds this nosition on a provisional basis at step 2 pay, Mr. Evans is bein certified from the adopted Civil Service list for appointment to this title on a permanent basis. I♦:fn to ee Informat Nance James Evans - SS# Sign' re f A oiixtzn Authori Address 1702 LaSalle Avenue DOB _ Cit Buff State New York Zip Code 14215 Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget f Sign' re f A oiixtzn Authori Date Sig re of Director of Bud et Date Signature of Adm. Director of Civil Service Date Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget n FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES Nov. 24, 2009 City Clerk's Department BUFFALO November 25, 2009 HON. BYRWN W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 25 Food Store License 836 Niagara (Nia) PASSED November 24, 2009 Gerald A Chwalinski City Clerk 000 a To: The Common Council: Date, November 19, 2009 From: Dc artment of Ecanornic Develo meat Kermit & Inspection Services Division I Typ in U pper an l j Lower Case Only Office of Licenses Subject: [; Food Store (New) [: 836 Niagara (Niagara) Prior Council Reference: (If Any): Ext. (Item No. xxx Q.C.P. xx /xx/xx Text ( T5pe 5ingl S ac Below }: 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 836 Niagara (Red Sea food Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the .Zoning Office, Fire Department, Building Inspections, Police Department and Collection 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. Tfy e Department I-lead Name: JAMES COMERFORD =l�yRe I`itle: D UTY C OMMISSIONER mature of Department Head; fc/+' JC.PSA n t�' CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF. OF ZONING & USE REFERREp TO: KEVIIN FITZGE ZALD APPLICATION FOR.: RED SEA FOOD MARKET NEW LICENSE 2010 LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PRONE COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE= APPLICATION NUMBER: REFERRAL DATE' REMARKS' 836 NIAGARA (716) 986 -438 N1 00 M©kIAMED FADEL (716)986 -43 555571 67128/2009 DISAPPROVAL REASON. -- (TO BE COMPLETEA BY AGENCY/DEPARTMENT REFERRED TO) HATE: APPROVED DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK * *REASON FOR DISAPPROVAL - M - UST BE STATED BELOW * � REMARKS: -2 7 ",7 EXT INSPECTOR / AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS ApPStip7.rp[ REFERRAL OF THE OFFICE OF LICENSES. THANK YOU, w CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 lNSPECTIO,WA2P,R0VAL REQUEST AGENCY I DEPARTXF&F ARE PREVENTIO REFERRED TO: LT. POCZKALSKI APPLICATION FOR: RED SEA FOOD MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT. POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'Z'E: 836 NIAGARA (716) 9MG 4388 N1 00 MOHAMED FADEI. (716) 986 - 4388 555571 07/28/2009 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPTtOVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DA'Z'E: ' "REASON FOR DISAPPROVAL MUST BE STA'T'ED BELOW` REMARKS: INSPECTOR �� RM# EXT - �;, `J AFTER INSPECTION PLEASE. COMPLETE AND RE'T'URN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslip2Tpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: RED SEA FOOD MARKET LICENSE TYPE: FOOD STORE NEW LICENSE 2010 BUSINESS ADDRESS: 836 NIAGARA BUSINESS PHONE: (716) 986 -4388 COUNCIL DISTRICT: NI POLICE DISTRICT: 00 APPLICANT NAME: MORAMf� FATIEL APPL. PHONE; (716) 986 -4388 APPLICATION NUMBEW 555571 REFERRAL DATE: 0712812009 REMARKS: DISAPPROVAL REASON: (T© BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) \1 APPROVE DATE: 11_2z) DISAPPROVED DATE- DISAPPROVAL DATE: CALLBACK K ** *REASON F pISAPPROVAL MUST BE STATED BELOW` INSPECTOR RM# 31 EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2 yr CITY OF BUFFALO OFFICE OF .LICENSES 313 CI'T'Y HALL BUFFALO, NEW YORK 14202 INSPECTION / ATPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: RED SEA FOOD MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS. 836 NIAGARA BUSINESS PHONE: (716) 986 -4388 COUNCH, DISTRICT: NI POLICE DISTRICT: 00 APPLICANT NAME: MOHAMEID FADEL APPL. PHONE: (716) 986 -4388 APPLICATION NUMBER: 555571 REFERRAL DATE; 07/2812009 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGIvNCY/DEPARTMENT REFERRED TO) PPROVEn DATE:?' .d DISAPPROVED DATE: REMARKS: NEW LICENSE 2010 Q S f DISTRICT CAPTAIN: APPROVED tL r ail-or, DATE: DISAPPROVED DATE- ;'REASON FOR DISAPPROVA "UST BA STATED BELOW * ** REMARKS: i . / l/ COMM. OF POLICE- Deputy commissioner AFTER INSPECTION PLEASE COMPLETE AND RE'T'URN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. App$lip2.rpl CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY 1 DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOIL: RED SEA FOOD MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS- BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 836 NIAGARA (716) 986 -4388 NI 00 MOHAMED FADEL (716) 9864388 555571 07/28/2009 NEW LICENSE 2010 f i# (TO BE COMPLETED BY AGENCY/D1 PARTMENT REFERRED TO) APPROVED DA'Z'E: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** RENMR.KS: INSPECTOR ',,f ll'/�! -�' _ RM#! EXT� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK 'YOU. .4ppsrP2.rp? m Department Of Economic Development, Permit & Inspection Services Office Of Licenses 313 City Hall Buffalo, NY 14202 6002 8 z - Inn " Phone: (716) 851 -4078 FAX (716) 851 -4952 }t LICENSE APPLICATION,: Please check the category you are applying for Type of Entity: 0 Sale Proprietor 0 Corporation E3 Partnership © Limited Liability Company Restaurant ✓ Food Store - Restaurant Tame - Out Meat, Fish, & Poultry S (1 Applicant Name - . 0 Applicant Address - Number and Street . Co- Applicant Name .�. Bakery /Confectioner Caterer Date Z 20 Rome Phone ( 2/6 ) City State ZIP Co Applicant Address Number and Street City State ZIP Corporation Name Date Incorporated Business Name Business Phone t16) (a - - _Vike -_ BusinessAddress Number and Street ci ty Sat ZI � Date - Business- Certificate Social security # FAX #. (._ _ _ _} State Tax ID # O Mailing Address (if different from business) Number and Street Cary state ZIP Number of employees (Baker /Confectioner only) FEES Restaurant .0 -200 seats.... $174.00 201 -400 seats.... $250.00 400+ seats.... $350.00 Restaurant Takeout ..................... $ 88,00 Catering ......... ....... ...................... $ 88.00 ood Store ....... .......................... $115.00 M Is & Poultry (2 yrs) .......... $150.00 Baker/ 0 -2 employees.. $ 63.00 Confectionery 3/10 employees .. $105.00 11 -25 employees ,. $157.00 26 -50 employees... $315.00 51 -200 employees .. $525.00 ub cribed and sworn to before me this day of 20� Coca . i o ds in and for the ity of Buffalo, Now York '� -.'�4 Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated November 19, 2009, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to (Trant a Food Store License to Mohamed Fadel d /b /a Red Sea Food Market located at 836 Niagara Street. Passed R 0 EC °- 7 2009 24A TAB:rmv T:Iwp60\mswordVinv\24 ac l I - 24a.doc i x AVE *NO* X FONTANA x FRANCZYK X GOLOMBEK * KEARNS * LOCURTO x RIVERA X RUSSELL * SMITH * x * * Maj -5. 2/3- 6 3/4- 7 City Clerk's Department BUFFALO November 25, 2009 NON, BYRON W_ BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 26 24B Food Store License 1661 Hertel Ave (Del) PASSED November 24, 2009 Gerald A Chwalinski City Clerk ( Al l 0002)G' To: The Common Council: Date: November 19, 2009 From: De artment of Economic Develo ment Permit & Inspection Services Division: Office of Licenses T e in U per and J Lower Case O Subject: [: Food Store (Mew) [; 1661 Hertel (Delaware) c: Prior Council Reference: (If Any): Ext. (Item No. xxx C.C.P. xx/ Text ( Tyne Sine Space Belo 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 1661 Hertel (RMAII Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Eire Department, Building Inspections, Police Department and Collection 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. Tyra, Department Head Name: JAMES COiv1ERFORD Type Title: DEPUTY C OMMISSIO NER Si ature of Department Head: `: v l�._„ JC:PS:rf u >` CI OF BUFF OFFICE OF LICENSES 313 CITE RALL BUFFALO, NEW YORK 14202 INSPEC i ION/APPRO Y AL REQUEST 1 AGENCY / DEPARTMENT. OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERA LD • APPLICATION FOR: RIVIAH MARKET LICENSE TYPE: FOOD STORE BUSINESS AD DRESS , 4 t � 1 5 i + (I; BUSINESS PHONE: (716) 831 -4867 COUNCIL DIS TRICT: DE POLIC DISTRICT: 17 APPLICANT NAME: EL- IARMI MUNIR APPL. PHONE: (716) 931 -4867 APPLICATION NUMBER 556320 REFERRAL DATE: 10/21/2009 REMARKS: )DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGEVCYAWPAR'TMENT REVERRED TO) . APPROVED D APPROVED DISAPPROVAL CALL BACK * * *Dv y REMARKS: INSPECTOR DATE: [ -� DATE: DATE: FOR DISAPPROVAL MEST BE STATED BELOW * ** RM# 4 �i EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. "THANK YOU. 4ppS[ip2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL RF,QUEST AGENCY / DEPAWMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI_ APPLICATION FOR: RMAH MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL, DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER.: REFERRAL DATE- REMARKS: DISAPPROVAL. REASON: 1661 HERTRL (716) 831 -4867 DF 17 El,- HARIRI MMR (715) 931 -4867 556320 10/21/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: PROVED DATE: DISAPPROVAL CALLBACK DATE: *'REASON FOR DISAPPROVAL MUST BE STATED BELOW "' REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 4ppslrp2.rpl CITY. OF BUFFALO OFFICE OF LICENSES 313 CITY MALL B1 TFFALO, NEW YORK 14202 INSPECTION/ -APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY R4S REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: R.MAH MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: _ APPLICATION NUMBER: REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: 1661 HERTEL (716) 831 -4867 DE 17 EL- HAi2IRI M JNiR (7I6)931 -4867 556320 10/21/2009 i J\ I NEW LICENSE (To BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) '� APPROVED DATE - DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: FOR DISAPPROVAL MUST BE STATED BELOW" 2010 2 / 0 Rm11 EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. QppSIlp2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY .IIALL BUFFALO, NEW YORK. 14202 INSPECI'TONIAPPROVAL REQUEST AGENCY f DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: RMAH MARKET LICENSE TYPE: FOOD STORE C) BUSINESS ADDRESS. BUSINESS PHONE: COUNCIL DISTRIC'T': POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER; REFERRAL DATE: REMARKS: DISAPPROVAL, REASON: 1661 HERTEL (716) 831 -4867 DE 17 EL- I'IARIRt MUNIR (716)931.4 867 556320 f NEW LICENSE 2410 (TO BE COMPLE'T'ED BY AGENCYIDEPARTMENT REFERRED TO) ' APPROVED DATE: I DISAPPROVED REI L4 ,KS: DISTRICT CAPTAIN: APPROVED DATE: DATE: DISAPPROVED BATE: *'TREASON FOR DTSAPPROV U STATE BELOW * *� REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppsrpIrpt 0` , CITY OF BUTFALO DFFICE OF LICENSES 313 CITY HAIL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REOI'EST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FQR: RMAH MARKET LICENSE TYPE FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE; COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1661 HERTEL (716) 831 -1867 DE 17 EL- ILMURI Mi M (716) 931 -4867 556320 NEW LICENSE 2010 (TO SE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) A + DISAPPROVED DISAPPROVAL CALL RACK DATE: HATE: *hkREASON FOR DISAPPROVAL MUST BE STATED BELOW` REMARKS: INSPECTOR `r - � .pl c r RM# / EXT � - -: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSllp2.rpt . v DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES OFFICE OF LICENSES 313 CITY HALL BUFFALO NY 14202 851-4078 LICENSE A PPLICAT10i`l PLEASE CHECK LICENSE CATEGORY APPLYLNG FOR RESTAURANT T BAKERY —CONFECTIONER RESTAURANT TA.KBQUT CATEREI FOOD STORE MEAT, FISH & POULTRY . Date Applicant Name 'APplicatrt Homy Phone # ' a-4 Applicant AddressTo illagc) (State) (Zip) (No., Street) (. t y" Co- Applicant Narne Co- Applicant Address (NO. Street) (City, Town or ) (State) (Zip) CozporationNarx►e . _ 17atelitcoriiarated� . Business Name Date o fBvsiness Ceartsl"ic LA (No., Street) (City, Town or.Vlllage) Y 4.11 Prri1 - Mailing Address (if different than buAftess address) � . (No., Street) (City,. o Vwage) (Mate)' {Zip} Business Mono # t l _. Fax #' State Tax ID Number 1 Social Security No. of.Ernployees (Baker & Confectionet only) subsuibed and s orn to before ine this _ Day, of Comrcussioner of heeds in and for the City of Buffalo, NOW Yorke RST app[ iF Applic Sigdature, FEES RES'yAURA&T . 0=Zg0 SEATS WOO - 2 ©1 -400 SEA'S sus ©.00 _ 401 5325.00 R n,;�{RANT TAKEoilT /CA'fi ER1NG S 88A0 MEAT,FISH & POUL'tRy 17 -X 0-2 EMFt0yL'FS 5115100 BAKER/CoNVECTIONER 3 -10 �[OSt105.00 11-25 5157.00 26 -50 5315.00 51 -200 5525.00 OCT 2 1 2009 Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated November 19, 2009, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to El- flariri Munir d /b /a RiMAH Market located at 1661 Hertel. Passed D EC - 7 M9 RIVA TAB:rmv TA 1- 24a.doc X AYE *NO* FONTANA * �` it FRANCZYK COLOMBEK KEARNS * �` X LOCURTO RIVERA * �` RUSSELL X SMITH x X X iC Maj 5 2/3- 6 3/4- 7 #3 (Rev 1 -02) 00027 �1 Certificate of Appointment 1 I» compliancc with previsions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffialo, I transmit this certification of appointments) or promation(s). f further certify that the person(s) named in Schedule "A" have been certified or approved by the Human 1Zesourees /Civil Service for the Appointment Effective: November 16, 2009 in the Department of Economic Development, Permit and inspection Services Division of Administrative Office to the position of Associate Account Clerk Permanent, Provisional, Temporary, Seasonal (insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) THIRD STEP (enter Starting Salary) : Starting Salary of, $36,588 LAST JOB TITLE Account Clerk NAME Sandra B Roessler LAST DEPARTMENT EDPIS . DATE. 9195 ADDRESS 245 McKinley Pkwy LAST SALARY $34,104 CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN, XXX -XX -0029 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 16550001 TITLE CODE NO 0420 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -48 SALARY RANGE OF POSITION $34,006- $39,161 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Local 650 contract stipulates an increase in pay upon promotion to the increment in the higher salary grade that represents at least a $250 annual increase. NAME OF APPOINTING AUTHORITY: James Comerford, Jr, TITLE OF APPOINTING, AUTHORITY: Deputy Commissioner DATE: November 16, 2009 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE ) OTHER COPIES TO: #5- COMPTROLLER #fr HUMAN SERVICESICIVIL SERVICE, #7- BUDGET #8- DEPARTMENT #9 DIV {SION #10- EMPLOYEES) FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS Nov. 24, 2009 013025 q4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinanccs of the City of Buffalo, 1 transmit this certiiic;ition of appointments) or prinnotiorn(s)_ 1 further ratify that the person(s) named in Schedule "A" have bc,' ;i certified or approved by the Human Raspurces /Civil Scrvicc For the Appointment Effective: 11&54OM09 0 / 1 '/ 9 1 in the Department of Administration, Finance, Policy & Urban Affairs Division of Administration to the Position of Special Assistant to the Comm of A &F Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXET Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) PLAT (Enter Starting Salary) : Starting Salary of $ 35,157 LAST JOB TITLE Intern NAME Amber Small LAST DEPARTMENT Mayor DATE 10/29/09 ADDRESS 77 Colonial Circle LAST SALARY 11.57/hr CITY & ZIP 14222 LAST 4 D IGITS O F SSN. XXX -XX -2797 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 11150001 TITLE CODE NO 0359 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 200.9 -28 SALARY RANGE OF POSITION 35,157 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Janet Penksa TITLE OF APPOINTING. AUTHORITY: Commi ssqner of Ad. Finance Policy & U DATE: SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 Co IES TO Y CLERK (ONIBEFO APPOINTMENT DATE OTHER COPIES T_O_ : #3- C _WT O l_LER #4- HUMAN SERVICES SE RVICE #5- BUDGET #6- D EPARTMENT 97- DM SION #S- EMPLOYE BUFFALO URBAN RENEWAL AGENCY 0002D #2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: November 6, 2009 FROM: DEPARTMENT: BUFFALO URBAN RENEWAL AGENCY DIVISION: Real Estate SUBJECT: ` Approval to Transfer One (1) Home in Sycamore Village Subdivision PRIOR COUNCIL REFERENCE: The Sycamore Village Subdivision is a pedestrian friendly, park -like community. The subdivision is located in the block bounded by Sycamore Street, Jefferson Avenue, Matthews Street and Mortimer Street and is currently owned by the City of Buffalo Urban Renewal Agency (hereinafter referred to as "Agency "). The entire site consists of approximately 3.86 acres. The Agency has negotiated the sale of one (1) home. Below is the name of the potential homebuyer, property address and proposed sale price. The Agency is requesting the Common Council approve the transfer of the following sublot located in Sycamore Village Subdivision to the following individual at the stated minimum purchase price: NAME SUB LOTS MINIMUM SALES PRICE Peter Stokes Lot 17, 37 S dni Lane $200,000.00 Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, 1 have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. FORM #2 — Page 2 TEXT CONTINUATION RE Sycamore Village Subdivision November 6, 2009 Forwarded separately are the following documents: I. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed transfer After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land. REFERRED TO THE COMMITTEE ON NATURE OF DEPARTMENT HEA� SIG DEPARTMENT HEAD NAME: TITLE John P. Hannon Jr. Director of Real Estate REFERRED TO TH colW FROM THE CITY CLERK Nov. 24, 2009 0003'.0 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: November 17, 2009 FROM: DEPARTMENT: Mayor /Executive SUBJECT: [.Mayor Byron W. Brown [:Out of Town Travel PRIOR COUNCIL REFERENCE: (IF ANY) Ex. item No. xxx C.C.P. xx /xx /xx Pursuant to Section 4 -4 of the City of Buffalo Charter, I will be out of state on Wednesday, November 18, 2009 at 0 PM until Thursday, November 19, 2009 at 10:30 PM. I hereby designate Commissioner Janet Penksa, Administration, Finance, Policy and Urban Affairs to perform the Mayor's duties in my absence. SIGNATURE DEPARTMENT HEAD TITLE: or, City of alo E IV 0 AND MOD No. Reports of Attendance 1 transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium x Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Horne Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED. l! Nov. 24, 2009 HI SINGLE PAGE COMMUNICATION TO TIIE COMMON COUNCIL TO: 'I'HI COMMON COUNCIL,: DATE November 5 2009 FROM: DEPARTMENT B UFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SLJBJEC'I' : BOARD A ENhER PRIOR COUNCIL RITEREINCE: ( €F ANY) 1: This is to advise you that Board Members as follows were present at the Regular Meeting oI'the Buffalo Sewer Authority held on November 4, 2009, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman John D. Kennedy, Sr., Vice Chairman Christopher Roosevelt, Assistant Vice Chairman Absent: Eleanor C. Wilson- DiVincenzo, Secretary John E. Kennedy, Jr., Assistant Secretary DUTARTMENT I -1EAD NAME: DAVID P. COMP,RFORD TITLE: GENERAL MANAGER SIGNA 3 OF DEPARI'MT NT HEAD: �`� 1 ` No. Appointments - Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Nov. 24, 2009 #4 (Rev 7 -07) Certificate of Appointment ]n comptiancc with provisions of Section 24 -2 of the Charter and Chapter 35 -1 or the Ordinances of the City of Buffalo, I transirtit this certiFication of appointmcnt(s) or promotion(s). f further certify that the person(s) named in Schedule "A" have been certified or approved by the Efuma» f {ss0ure0SWivi1 Se1_Viee for the Appointment Effective: in the Department of Division of to the Position of November 2, 2009 Executive Mayor Intern IX Permanent, Previsional, Temporary, Seasonal, Exempt, Unclassified (Insert Lane) UNCLASSIFIED Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 11.57 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Kelsey Hanks DATE ADDRESS 402 Woodward Avenue CITY & ZIP Buffalo, NY 14214 LAST 4 DIGITS OF SSN, XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN, X XX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10301001 TITLE CODE NO 1778 BUDGET ACCT. OBJ, 412002 PROJ, ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY Byron W. Brown Mayor DATE: No ember 2, 2009 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVILSERVICE 45- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYI E(5) :i� 4 No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Nov. 24, 2009 113 (Rev 1 -02) Certificate of Appointment o III co€npliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffako, I transmit this certification of appoint-clit(s) or pronrotion(s), t further ccrtify that the persons) named in Schedule "A" have been certified or approved by the f himan Resources/Civil Service for the Appointment Effective: c f _ 0 �j in the Department of Public Works Division of Streets to the Position of Heavy Equipment Operator Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Nan - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FIRST STEP f Enter Starting Salary) : Starting; Salary of. $23,247 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Joseph Muscarella DATE ADDRESS 32 Julius St. CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN, XXX -XX -3996 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 5041 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -38 SALARY RANGE OF POSITION $23,247- $38,745 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepn TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 1 SIGNATURE OF APPOINTING AUTHORITY_ ORIGINAL +. 3 COPIES. TO: CITY CLERK ONIBEFORE APPOINTMENT CJATE OTHER COPIES TO: #5- COMPTROLLER #& HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9 DIVISION #19- EMPLOYEE(S) H3 (Rev 1 -02) Certificate of Appointment in compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, f transmit this certification of appointment(s) or promotion(s). I further certify that the Person(s) named in Schedule "A" have been certified or approved by the Human Resourecs /Civil Service for the Appointment Effective: o u in the Department of Public Works Division of Streets to the Position of Dispatcher Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) PROMOTION Minimum, Intermediate, Maximum, Flat (Insert one) FIRST STEP jEnter Starting Salary) : Starting Salary of $33,151 LAST JOB TITLE Laborer II NAME John Scanlon LAST DEPARTMENT DPW DATE 11109 ADDRESS 74 Dundee St. LAST SALARY $32,779 CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -6357 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 5320 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -031 SALARY RANGE OF POSITION $22,246 - $37,077 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Ste niiak t Commissioner Q9 ORIGINAL + 3 GVPIt6 I U7 ;U1 UL !$N VFy /0r-r r- nrrv113 U wI -,v OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE {S) #3 (Rev 1 -02) Certificate of Appointment 1 ]n Compliance with ptnvisionq of Section 24 -2 of the Charter and Chapter 35 -1 of' the Ordinances oft lie City of t3uflalo, I transmit this certification n!' appointments) or pruntotion(s). t further certify that the person(s) named in Schedule "A" have breu certified or approved by the FhnIian ItesouYCCS /CiviI Service JILW 1110 Appointment Effective. 11/16/2009 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $1 5.00 LAST JOB TITLE Sr 1st Class Stationary Engineer NAME Thomas J. Pyjas LAST DEPARTMENT Buildings DATE 06104109 ADDRESS 29 Garvey Street LAST SALARY $15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -5556 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2009-26 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 11/09/2009 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL. + 3 COPIES To: CITY CLERK ONIBEFORE APPOIiVTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #O- DIVISION #10- EMPLOYEE(S) 0 (Rev 1 -02) 0 / Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chaptef 35 -1 of the Ordinances of the City of 1310ilo, t transmit this certification of appointment(s) or pronrotion(s)_ I further ceftify that the person(s) named in Schedule "A" irave been certified or approved by the l'lumair Resources /Civil Service for the AI)pointnlent Effective: 1 o in the Department of Public Works Division of Streets to the Position of Truck Driver (Streets) Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FIRST STEP jFnter Starting Salary) : Starting Salary o(' $21,573 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Edward Leddick DATE ADDRESS 118 Walter St. CITY & LIP Buffalo, NY 14210 LAST 4 DIGITS OF SSN. XXX -XX -5653 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & LIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 52002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ_ 411001 PROJ. ID PERSONNEL REQ. NO 2009 -41 SALARY RANGE OF POSITION $21,573 - $35,955 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING, AUTHORITY: Steven J. Stepniak ioner DATE: 1 1 109 , 4 SIGNATURE OF APPOINTING AUTHORITY: % `=_- ORIGINAL + 3 COPIES TO: CLT_Y CLERK ONlf3EFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6 - HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8 QEPARTMENT #$ DIVISION #10- EMPLOYEE(S) 1 13 (Rev 1 -02) Certificate of Appointment 11) compliance with provisions or Section 24 -2 of the Charter amd Chapter 35 -1 of the Ordinances orthe City of BalTalo, I transmit this certification or appointrnent(s) or promotion(s). 1 further cciYify that the persons) named in Schedule "A" have been certified or approved by the I Inman IResonrecslCivil Service for the Appointment t:ffective: 6 i in the Department of Public Works Division of Streets to the Position of Truck Driver (Streets) Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Plat (Insert one) FIRST STEP (Enter Starting Salary) : Starting Salary of: $21,573 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Marvin Walker III DATE ADDRESS 263 Highgate Avenue CITY & ZIP Buffalo, NY 14215 LAST 4 DIGITS OF SSN, XXX -XX -4822 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2009 -43 SALARY RANGE OF POSITION $21,573- $35,955 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING OTHER COPIES TO: #5- COMPTROLLER 46- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT 0 DIVISION #10 EMPLOYEES) Steven J. Ste niaky. Commissioner 1/3 (Rev 1 -02) Certificate of Appointment r In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this ccrlif"ication of appointments) or promotian (s). I f urthcr certify that the person(s) namcd in Schedule "A" have becn certified or approved by thc.flnman Resources /Civil Service for the Appointment Effective: V in the Department of Public Works Division of Streets to the Position of Truck Driver Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non - Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) PERMANENT APPOINTMENT FIRST STEP jEnter Starting Salary) : Starting Salary of $21,573 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME James M. Williams DATE ADDRESS 218 North Ogden St. CITY & ZIP Buffalo, NY 14206 LAST 4 DIGITS OF SSN, XXX -XX -9523 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL_ REQ. NO 2008 -087 SALARY RANGE OF POSITION $21,573- $35,955 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste nick TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 11/1,3/Op SIGNATURE OF APPOINTING AUTHORITY: L e, ORIGINAL + 3 COPIES TO: C ITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE JS 113 (Rev 1 -02) Certificate of Appointment 3 In compliance with provisions of Section 24 -2 of the Chartcr and Chapter 35-1 of the Ordinances of the City of Buffalo, t transmit this certification of appointment(s) or promotion(s). I further certify that th4 person(s) named in Schedule "A" have heen certified or appioved by the Human Resources /Civil Service for the AppoiDttnent Fffective: 11/18/2009 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT f nter Starting Salary) : Starting Salary of $15.00 LAST JOB TITLE Sr V" Class Stationary Engineer NAME Mark D. Blake LAST DEPARTMENT Buildings DATE 05/21/09 ADDRESS 158 Dundee Street LAST SALARY $15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -2 791 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL. SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT, OBJ, 412002 PROD. ID PERSONNEL REQ. NO 2009 -26 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niiak TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 10/15/2009 j SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TQACITY . ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5 COMPTROLLER # - HUMAN SERVICES /CIVIL SERVICE 97- BUDGET #8- DEPARTMENT - #9- DIVISION #10- EMPLOYEE(S) 113 (Rev I -02) Certificate of Appointment`'' 1 III Compliance with provisions of Section 24 -2 of the Charter and Chap €er 3S -E of 1110 01 dinanees of the City of Buffalo, 1 transmit thin of appoinYment(s) or promotiota(s). 1 further certify drat the person(s) »arced in Schedule "A" have been certif ie(l or approved by the t luman lResourceslC ivil SUOCC for tIlC Appointincrit E ftectl.Vc: 11/18/2009 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Nan - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (En(er Starting Salary) : Starting Salary of $15.00 LAST JOB TITLE Sr 1 Class Stationary Engineer NAME Matthew J. Quinn LAST DEPARTMENT Buildings DATE 05/24/09 ADDRESS 42 Stevenson Street LAST SALARY $15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX - XX - 9889 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN, XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROD_ ID PERSONNEL REQ. NO 2009 -26 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak - �.-it' .. TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: !'110/2009 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO CITY CLERK: ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #S- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) 1 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON- OFFICIAL COMMUNICATIONS Nov. 2a, 2009 a Buffalo Witter Board Chairperson, Oluwole McFoy Vice Chairperson: Donna Estrich Gerald E Kelly William L. Sunderlin City of Buffalo Commissioner of Public Works, Parks & Streets Steven Stepniak 9 C� VC6 AL RFC5 VED AND OLF-D AAAERICAN WATER- Memorandum To: Deputy City Clerk Gerald Chwalinski From: Program Packaging g g and Development Services (PPDS) Provider Date: November 3, 2009 Regarding Board Packet Documents Attached are the following documents from the Joint Schools Construct- scheduled on November 2, 2009 on Board meeting I. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated October 5, 2009 3. Fully Executed Phase III Application and Certificate for Payment No. 30 - Se Pten'be c 1 r 200 � 4. Phase IIl Application and Certificate for Payment No. 31 - October 2009 . 5. Phase IV Application and Certificate for Payment No. 16 - October 2009 6. Phase V Documents 7. Program Packaging and DcveloPmcnt Services (PPDS) Provider l Jpdate o. I3evlar & Associates Inc. Construction Contract Monitoring and Coy Monthly Report for Addendum I Phase III Project - September 2008 compliance Services 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase IV Project - September 2009 10. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III �-- September 2009 REFERRED 'TO THE 1, L 0003 6 L F-A�: HuP( TRI t.Y Aft F3uFrAL-0, NFw YoFRK 5�tdo[3 AA 7 16 6 E342 ] J r I 75 332 6944 9 r'n SERV IC-F 9 OLCIED IT I UN.( v'v MAN HURON, LLC November 9, 2009 David A. Franczyk President Buffalo Common Council 65 Niagara Square 1315 City Hull Buffalo, NY 14202-3318 Dear Councilman Franczyk: I am writing to ask you for your help regarding nay business, The Old Editions Book Shop & Cafe at 74 Fast Iluron & Oak Streets and Main Hu1 When I purchased the property on Huron Street, it was almost condemned to be torn clown. I redeveloped this property with the encouragement of the Economic Development Zone. To make- a long story Short, I have been expelled from the Lone, for no good reason. They claim that I owned a bookstore before I entered the Zone, which is true, but any proposal to enter the Zone was to invest `600,000.00 to rehab the building on Fast Huron Strect. I achieved this and I created 5 additional jobs. I have received Lone benefits for 6 years (out of the .15 year term), but now I am out. This will probably force me to close. Given the present state of the economy, I cannot survive without being in the EDZ. The BEAC gave me a loan for my business, which I paid back early lest- year. Could that be the reason I no longer quality to he in the Zone? I am surprised that New York State would take this action. Can you please help me? Enclosed is some paperwork including a copy of nay appeal to New York State. I invite you to the bookshop and cafe anytime at your convenience. Thank you ('01,11161m an Franczyk, for any assistance you can give me to keep one of the few retail shops open in Downtown Buffalo, Sincerel yours, E Pr- CO ITT 44 -u s� I . ' LLUPfitt�::I a Ronald L Cozzi Old Editions Bookshop & Caf&Main Huron 11,C 716 8 12 -4937 mobile 1_ ; 0C.!2512NL19 1 . 7:24 6421734 EMf &AAle VOOPIT1011i June Z9, 2009 Ronald Cozzi Old Edatjors, Inc.. 69 -76 E. Huxaa 5L Buffalo, NY 14203 Deax R.espcusiblt: C tccr: R CO ZZ b PA GE 9 3 Th:s it-tux is to provide uo" cation tv you reguWng the Empixt Zane Ccaifxcador status of Nd Editious. Inc. with Cer1ifxcation Idendi1cadon Nusn�r 38- 0347 -7M for irs facWG y w dw HUFFA.1 O Empire Zoue. Ccrtaim st:xt€atory vcfaxrns to the Empu Zones l'rogriju weir ena�tt d as part of rye 2017 7Ca ?.i! Sense taudg!-t_ The refotz»s recluirc bar ibe Depar ent of E4 lcvrtopmem f DF- ), as the lead Mate agency responsibie fc3r administering the progtarrn. t v %ew all existing Empxre zoar - .ex.f;ed businesses to vet_ify that thc-;y quaLfy fox cantinucd participation ill the P'ogr rn bile<d �n the aew sraruco y rerluixtmwnm Sl:--,cif€cally, DED ;rjt:st xeview businesses to slettiM'W wbethex, if ccx�f~ed prier to August 1, 2002', a business res4uc.tuscd and �r=sfcrred employees or property f.ow uac business to aootbe, in oide;c to rnaxiUlize Heir ELPi - e Zone benefits. The Cum?nasstzIner of MW has conducted dW review an:f 4 re•vtrh49 Me c4mftca w" of Old F , jttians, zrnc , C"H ratiota ddeynAjrcation Xumbrr 38-0147-7040 as all E Zone cet Affa-ed j pursaext+t to Section 959 (aiti w) of the Gene -4i Mturiei 4l Law and S N CRR 11,9f0(jI Ot'ai'4s1ia'druu, true_ may app €&this deterrninrtti "by seiisf, u wrsden no+ir:e of such arvpeal to the Empire Zone Desigrtrrti0a ItOAud (KLV0jk no hWr than 15 business dgvs ) Me eWe o f th Noace of Re of tvera t lon, if told .edit om� 1MC. Vpt-aYls dais revocation dd r'r 444tiW4 as Yal fortt}a be ?aw, the revocation Sha teat be imp7er eAred tarsless the �EZDR -enders a d ecisiata to ,uphofd the gain mis5aaner's defermimifi of r- af Old Ettitio:ss..1rn,., as .art F��itY �c� ca rifird hu sirt:ss ' be tevar . cl because Old Ediliou's. VIC was [i:st cezrifzrd ptioY to august 1, 2(�3 �, anti bas eitht, caused mdividualS to ZrWISfet frCm existing =ptoyrtteztt .vita juOthez pusu,ess curcrprise Wish 5'4niiar o�vor;St►ap lad :ocaezd in ?Yep. kor'ar sfaiP C0'SUuiiar omploy(Ccat with (I �ditinns. Inc., err ez;�uired,, pxirWlaaled, leased, ox had gansferred to it Mal prc)p' r)' Vre % owned by an enuvY widx sun,I Ar 0- gexsbtp, regardless of forW of iucorlaoration Or org"24 �1 Bier+ York SlIsts Drrpertme"t of ,F.ennamiW 040- jainpmani 3o South Pear! Strsst A,bar.y Mew York 12245 '70.X16 nZ 510D Not 31t1j: Wwet.iow0re.xtats.e1,its iF 1+ @n/25/ - 2009 17:24 9471734 P wi3ZZ I Old EWdow. J6nc. Cereficataonl Ideatifiotiou Number 38 - 0347 BUFFALO Empire Zone jan4t 29. 2009 Page 2 Please stud SuCb notice of appeal vta CERTlMD MAJL toy Emjmr Zoat Dewnauoa Bo" c/o Comukissioner of £coaouxic Devticpmenr. New York State Deprrtment of Ecogouaic: Developn rt 30 South Pearl Street Sixtb Floor Albany, NY. 1 2245 PW� 0•, If a noricc of appeatl is seat u sec t'orxh above. a 3wriaen submission MAY be prescut d to tbe. X13 po facer tbau W days followbig the date of this Notice explaiaing why its cerWicarJo" should be connnued. This sr'ticrer, submission rtauat cvntai.z SprA;:.fic factual ixJ (wlocg wi d ' k , , c y - = eatadou e f s a t � a J b g Yj l h and a ll p lc / g �{ al Y a1g + a 1 un .. c + a u that de ate that 4aL4 ��✓�.W1PU.E�A� �+�•J i.. 4`� w as in Irmo' o tbx occur nee () e/�t1 Fd1s 4A`- M+a- 4�taNd��� wh ich would Iost:Jy tie continued cer-Zication of Old Edidons, loc.. if a notice of &ppe:.4 is kjpt scat as set forth above, this rt:vocalwn detcrTwnadf)n will be UTIple=euted at t3tr cad Of the 15 bu;L day period no ted above, -tie effcctivc elate of revocatiou will be 3aAuary :. 2(08. It you have questions, plr�asc conta.:.t the Dcpautolezat of Econotx e Dove:a?psacent uc t� 1$' 292 5240. izice� i Y•, andd? I). Coburn DwCCto'T E par° Goues propam i i J'l! =!C CIS & G) =,tx 7iE ='a3(1 s_'3a:' UI: %ii ?j0'3 fi3.0411H ibJU /9II New Yo:* State Vepgt4r> ?��Y �f SQ 0 .wi Audit t3meai: 1 W a Lamm ` Q w)rjpt - s 9, Worn Sao ? June 39 29G9 45 host } wPa Stt'? t Fu&o, NY 1 4103 Ro Em t7HA647M dear 4- '% aciaan- f }t,aF:tcrs 6 and it?? of the .tam's of 2 005, i pare, e::T:'nd. amend and add tmw pomsm% MMW9 m do E':'Me 'lmm Program Eirlecovc fm wabit yea #5 b( Kt1(kLt,g on or after Janu - f 1, 2005, a }]I3sumss enEGroket tin x ItiNd rC1 +.11 t:: {T.agmt 1. 2000, which has a blast% period of'mo _ mA or L hmu Ur17IP7Wy75Ef"it nu SI)ba is zoo in lTe b at t7E.iC)d mi u{J4v tlE SlibJi'Ct ':� ilP, a?a,�:�li7JF13:i C #At131G f7n)P.kil i�S. 3k i{Ual?V ACT �}',��'q£ilf 1(w if .::C c:?A��T"Ul'S� i;; Sii7ilt�i'' a:.1 t:'- t'- �s)�f'ti }Fa�3 .yid viluzaitC�n iG W� b'asiocss cr)hty {i7r ertt',uei} ts�al�f� o_r 13�av;eus3t� tanabi , �trtdrr se: t�f�at5 i 3.�, i $}, .$�, flC l3G cr 00A 9 of Q "iAx Law; v, 9 -t1, 32, vs 3' of the `?'ax Law; ox Met mak 22. or Bich amuld Jim Owl sub)e.C: 'o A..ifle 2. O's Such artit., was it) �ffec- nn irotiva y 1, �90), or the mvrrr o (or Sas:ix<,) 0 st'lwE h is ttkr east iacludab,' -? w3det ` Zt. of the Tax I.m', zh,rn qi° ab3E to cout? v, IO ':i C-.;+,'Ss hene"Ifs for td1%ab:c )'(f3n beguu,1T1g on or aunt Ja3T)i ary 1, 200Y my Me BCIIt;T(nW was .omi-6 iol l vAlid bus. Clt;SS t?1.L:'pt)c''f- alA i tY:lt yi3:!tV iCJ g'U - �!": Blllpt;:c 'r'.011t bCTl. -fi t. � iJ t}a ti'.v -;$ ELI' }){iii` .I1C'a11.S C?Rf: (i; 1ti47CC �U�1 S1taS }71k: �)fiSCS, of }1S E''t,tlzst) [1i {: 2.'D3�&t1�:� L`Z L'�ii1IGt,1Gt1, €�f is datliyyt, "`U}lIC!. '�;�4:llC {:T 1T :ci :iJll'1£:t1Gi2 yt)ilz,ek:i}:C: T.tiC t7T i�tL;J'�' IrtPSlt "�iE34.i' 9Qr 501:3!' }itJ5lkkc':$ SCCiVISV ;ir ::S'sLYls3Ct3J4i. c+'}'t1C}1 �Clt* i�'y ttF tk mlblVurt Mops W Z TIICBTLZ'- igf3.l wl!'. apart floin C'ti(��;ts tii(� fctxPlyF)T. Qi Ib- ' }7fj'c: iachl an incr.xst m dw mmkm s?1aN of Ilse taxpayer, or Ute entry by dv taxpayer Eaten Ti x }�3sit,ess rtlarF;.cts. atl DitlG .O .t;., I } ?.tUC j'7'J.= busClms cnhq'N chgibihtV to L id& QJ_ZE i'SCt c% f0f ttaxabie ; cals �C�gll14kF.lt' liii {J;" 8i'ft .s:'- ,1lLEaTY ' -, . - 1 005, 1sT .e`.tt14'p file tnilommg IIJOE7. Atiou: As NOW in ylul plovi &d S:AK":MV Ofksr esq 1)Urpose, i4�am- .('}1l aq i. C ms fC3:ir1�'.L� the 13C:'4ns j.I .is�i;4: I thc,, m-oer tivhv pf :;' : Oti5 � 'n7trd a SUL3i1 s•7L7'lkAt'3t - C and two ap;)ILTYi °flt CC�Iifpi�xE'S.�� A. 'pease g: tmde t ofpi: s WAU rr:temW m" W5 tbrr)mW W ciue't1m€ktak mn with ro. rds to ttte abmm 5tatect n=nveitol for formal g LC.' k3. Phase p:rlyitfe Ciipies of at! Colsrpnradenct wit., cotvailtarat�;, vcTxv gnu md v es of t7EJnde tl }irtlYmAS who am Mal altar P; vrer on ttl„ Ammaatirtl of MaKII mm , .LLL. }rz atiiii #: =�1:, ¢4r ir�b;,aerie'Js t��;�rslsz� c�t! tar aft ;� 1�ttra: 1, ::CtfS, f)]c�e p:�rvrder ct�pie, czt rt�ti.:clet9 >rtt���s s�t�wix:� all CAW eitgMe ral t:mPay: mes have bmu paw by ' hiti-H1ut m Li..t' during Te tax peaiaJt- W ANA they We "C &I includt::i m :crn nrts, . ;�< x QEZIC (`taint M Real t perl'j T::xes. :'lee" submit C - I' kbi,'iC W1690 0 day fi'rM be We or tins mm ift11C ,5 tSLt submi sd T w),.:t R) tj'ay,,_4aoh part71ei may be a$$E$$Vd 3Cist.Y cyiT ,i ',ax accoidt"S to t1ii.' :Slfl'I4E`11koll we C11TS'S;fl. l .lave On E"' ' - . 11ki - C)Uj S li p; ro 3'.ti7°,t:;'sl um youz qualSAcadan a5 3 {jl§ilAtA Clfkt37rc iLcne enE:Cr;TiSe- TIC (N?-364 7246 U accecdxIct w!th, N'ew York State Ta:{ 1,2w se--';LKk3U(A. I' PWACatl()O I "O-D, Ae I'V� YCAStCV0 7'J AUdll v o - I - Thank ,ou fm yous conpnnatiniL S inc e re ?,, Fred House! fax Techw6an 11 Ilworne/F =Jerk Audit Bureau AiL Group 12 Wi)ri linum ? J)O A M, to 1 P-M. STS TE OF NEW W YORK George E. Patal~wi, Governor Empire Zones Program Certificate # 7400347504 a Cerfi El igi bi t The undersigned Local Economic Development Zone Certifrctiticita Officer, laavitrg joinfl deteraaat'ned with fire eaminissioner of Labor and the Commissioner of Ecorronlic Development that the requirements of all applicable lases, rules and a•egykations have been duly safirfed, and h avi,ig been authorized by said Cor►unissloners to execufe (his insfratraierit evitlertcirrg such Joint deternaitaation, floes hereby certify that Main-Huron, LLC is eligible to receive the benefits referred to in Section Nine 11undi Sixty -Six of the General Municipal Law in Connection with the facility(ies) located at 3124 & 3162- Main; G8 - 76 East Hitron St., Buff4lo, NY 14203 within the l,raarrularies of 1116' CITY of B UF1�'.ALO Ef MPIRE Z0NE Such eligibility shall be in effect as of 518102 and continue in effect wail terminated by operation of law or by action taken pursuant to such lases, rules and regulations as inay be applicable. in testimony whereat', I have her Set my hatA this Issue Pea local Economic Development Zolie Certificate � Officer Charles A. Gaigano, Commissioner of Economic Development Linda Angello Commissioner of Labor George E�. Patak , Governo Empire re Zo n es Program Certificate # 3803477040 r i C er icate ti of t * bil tt y ' heunrlt'rsigne(I Local Erononlir Development 7nne C'rrtificolioll 01Firer, /lei €�intr join ill (1cw rained with the C`mnrni.i.siorrer of l,abnr crud the Commissioner Of Economic IkIvlopment that the requiventents of a ll applicable laths, r and r r+ rl" ations have hevo duly snti.slied, rand having hren rr €rthorized I {v sn(d conunlstlotlert to exerlife flits inslrrtnrrnf eridencstig fnitlt rrc'tc'rrnitlrrtiun, does her hjb rertift drat Olt Editi I11C. is eligible to recril'e the benefits referred to ilt Section Nine ll ttrtdrerl .Si - rtv - Si.z 00 110 (i<hrerrd r fIniripal Law in contrection €€ ith the facility(irs) located at 68--76 L- . Huron ron St. , BrtJ to, NY 14213 willtin the houndaries of fl it , 13 UFFAL 0 1; / E ZONE Stich eligiirilit }'shall be in effect as cif - 2/5/E 2 and contir€ue in f #i!rt trnlil telmirraled ht' operation of lint. of b }a crction takelf pursnow to such Jaws, rules and regulafiotrs rrs n€rr>' be opjjhcable. Ill ICSlimully wbelcur, I have h eicllllto SCt Illy I1E111CI th iS C A. ()aigntio, �'(7111ti1lSSti111Ct of IScUl onflC Development Linda Angello Issue Date Loca Eco nomic Developllcllf Zone (Mlicitfloll 01ficel Cot t €1t1551E) € €C1 l)I 1.13131)1 V 01 Brian C. Davis 409 Hickory Street Buffalo, New York 14204 November 19, 2009 Gerald Chwalinski, City Clerk 65 Niagara Square 1308 City Hall Buffalo, New York 14202 Dear Mr. Chwalinski: Please be advised that I would like to tender my resignation as Ellicott District Couneilmember. I would like to thank you for your ongoing support and assistance over the years. Sincerely, Brian C. Davis Ellicott District Councilmember AMU 'SLED } 5; � 00038 New York State Department of Environmental Conservation Division of Environmental Permits, Region 9 270 Michigan Avenue, Buffalo, New York, 14203-2915 Phone: (716) 851 -7185 - Fax: (716) 551 -7108 Website: w_ww,dec.n_y.gov Alexander B. Grannis Commissioner November 6, 2009 Ms. Margaret C. McSorley State University Construction Fund State University Plaza 353 Broadway Albany, New York 12246 Dear Ms. McSorley: SEQR LEAD AGENCY DESIGNATION STATE UNIVERSITY OF NV AT BUFFALO EDUCATION OPPORTUNITY CENTER (EOC) NORTH CAMPUS - 77 GOODELL STREET CITY OF BUFFALO, ERIE COUNTY This Department is in receipt of the proposal for the Educational Opportunity Center, to be located at the North Campus of SUNY at Buffalo. It will be located at 77 Goodell Street in the City of Buffalo. We offer the following comments: 1. Since project activities will involve land disturbance of 1 acre or more, the project sponsor, owner or operator is required to obtain a State Pollutant Discharge Elimination System General Permit (GP -0-08 -001) for Stormwater Discharges from Construction Activity. This General Permit requires the project sponsor, owner or operator to control stormwater runoff according to a Stormwater Pollution Prevention Plan (SWPPP), which is to be prepared prior to filing a Notice Of Intent (NOI) and prior to commencement of the project. Information on the General Permit and required NOI filing is available on the Department's website at www.de DV.�4ov 2. This project proposes to connect the new EOC building to the M. Wile .building. The work that is proposed could mean a change to the M. Wile building. Since the M. Wile building is on National Registry of historical places, great care should be given to any alteration of the building. The presence of elemental mercury and/or lead in buildings being renovated /demolished is also a concern of the Department. Mercury is found in many different common items such as fluorescent lights and electrical switches, while lead is mainly found in older paints (pre - 1980). For guidance on the proper handling and disposal of mercury and/or lead, please contact Mr. Thomas Corbett of this Department (716/851 -7220) or email the Department's Mercury I - ask Force ( dsh1nwrr d1)gw.decIstate.nv.us Ms. Margaret C. McSorley November 6, 2009. Page 2 Please be aware that if asbestos exists in the building to be demolished /renovated, the protection. of workers is regulated by the New York State Department of Labor (716/847 -7126) and Occupational Safety and Health Administration (OSHA) 716/684 -3891. In addition, the disposal of friable (readily crumbled and brittle) asbestos is regulated by this Department under 6 NYCRR Part 360- 2.17(p). For more information on the disposal of friable asbestos, please contact Mr. Mark Hans (716/851 -7220) at this Department. It is anticipated that "green" building measures (to conserve energy) will be incorporated, as much as possible, into the design of the expansion project and other buildings that may be envisioned in the future for the referenced property in the City of Buffalo. This Department certainly strongly encourages and recommends such green design, along with possible "deconstruction" procedures to maximize the reuse of building materials (from renovation activities) that would otherwise be disposed of as demolition debris. 4. The whole site appears to be within an areliaeologically sensitive area. As part of the SEQR process, the project sponsor should evaluate this concern, unless it can be verified by appropriate documentation that the site has been significantly disturbed in a way that would destroy potential artifacts. If you have any questions regarding this, you may wish to contact OPRHP (telephone: 518/237- 8643). We have enclosed a brochure for ReStore, which is a retail outlet that sells new and gently used household items, including building materials, to help fund the Habitat for Humanity group's effort to both renovate and build homes geared for ownership by low - income families. In our effort to encourage incorporation of environmentally sustainable practices on a daily basis, we urge you to contact these two organizations prior to your renovation demolition activities, as some items may be salvageable and could be useful donations for recycling purposes. In many cases, ReStore will also pick up and remove items acceptable for donation in the City of Buffalo. For further information, telephone ReStore at 716/852 -6607 and Habitat for Humanity at 716/204 -0740. We concur with the State University Fund acting as SEQR Lead Agency as the environmental impacts would be of local significance only. Ms. Margaret C. Mc.Sorley November 6, 2009 Page 3 if you have any questions regarding this matter, please call me or Ms. Lynne Judd of my staff at (716) 851 -7165. Sincerely, Steven J. Doleski Regional Permit Administrator LEJ /tl Enclosure cc: Mr. William Smythe, Division of Water Mr. Kevin Thompson, SUNY Mr. Jack Homkow, Dormitory Authority City of Buffalo Clerk Mr. Brian Reilly, City of Buffalo Economic Development � AND FIVE 0 00039 David hranczyk - New Article Buffalo, Lackawanna Post Office Removed from National Closure List REFERRED TO Irl-fl,"'rOMMITTEE ON C 0WI Mi U NI TY D @ E L 0 1- : E N T. f� I \i ii Buffalo, Lackawanna post offices spared Page I of'2 Access Blocked - Content Alert The URL: http: / /c5.zedo.com /_jsc /c5 /ff2.html? was blocked MM BUffAw NEWS G� PRINTTHIS Mid -city, Broadway- Fillmore, Ridge Road locations Access Blocked - removed from national closure list Content Alert "backroom" operations that could involve the relocation of some letter carriers. In September, the Postal Service removed the Kenmore Branch at 3014 Delaware Ave. If you believe fi consideration for potential Closure. this is an error or need to T'uesday's news about the three remaining local post offices being removed from the list access this carte as a relief to activists who have been fighting to prevent their shutdowns. link please Eddie Dobosiewiez, an East Side activist, said closing the Broadway- .Fi.11more Station, contact your which is near the .Broadway Market, would be a setback for current efforts to revitalize administrator. the struggling neighborhood. "To pull the post office out now at this stage of the game would be the death knell," he said. While the reprieve came as welcome news to community leaders, Mazurhiewicz stressed that the Postal Service still may consider closing some local facilities in the future. "We don't know what our financial situation is going; to look like in the upcoming year, or what our customers' habits are going to look like," she said. Closure of post offices have been considered nationwide in response to a jolting decline in mail deliveries. The http:// www. printtliis .clickability.com /pt /ept ?action =cpt& title= l3nf'ialo %2C ► Lackawan.na... 11/18/2009 The URL: Buffalo, .Lackawanna post offices spared http://c5.zedo.coMj was blocked By Brian Meyer NEWS STAFF REPOIZTUR The link you Updated: November 18, 2009, 7:35 AM 1 are accessing has been Three post offices in Buffalo and Lackawanna will be spayed from closure, at least in blocked by the the short terns. Barracuda Web Filter `I'he Mid -city Station at 1245 Main St., the Broadway- .Fillmo.re Station at 1035 because it Broadway and the Lackawanna Branch at 683 Midge Road have been removed from a matches a national list of'post offices being reviewed for potential shutdown. blocked The U. S. Postal Service will make a formal announcement Friday about the revised list, category. The a list that no longer includes any postal facilities in the Buffalo area, said Karen name of the Mazurkiewicz, district spokeswoman for the Postal Service. category is: "advertisement Instead, the Postal Service will look for ways to save money by consolidating - pop - taps" "backroom" operations that could involve the relocation of some letter carriers. In September, the Postal Service removed the Kenmore Branch at 3014 Delaware Ave. If you believe fi consideration for potential Closure. this is an error or need to T'uesday's news about the three remaining local post offices being removed from the list access this carte as a relief to activists who have been fighting to prevent their shutdowns. link please Eddie Dobosiewiez, an East Side activist, said closing the Broadway- .Fi.11more Station, contact your which is near the .Broadway Market, would be a setback for current efforts to revitalize administrator. the struggling neighborhood. "To pull the post office out now at this stage of the game would be the death knell," he said. While the reprieve came as welcome news to community leaders, Mazurhiewicz stressed that the Postal Service still may consider closing some local facilities in the future. "We don't know what our financial situation is going; to look like in the upcoming year, or what our customers' habits are going to look like," she said. Closure of post offices have been considered nationwide in response to a jolting decline in mail deliveries. The http:// www. printtliis .clickability.com /pt /ept ?action =cpt& title= l3nf'ialo %2C ► Lackawan.na... 11/18/2009 Buffalo, Lackawanna post offices spared Page 2 of 2 Postal Service has been grappling with a projected $3.8 billion deficit fogy 2009 as Ilhe reeession, inci eas - Ing use of e -snail and heightened competition frond private carriers have caused continuing financial pressures. Buffalo Common Council President David A. l °ranczyk called the decision to spare the Broadway- F'ilimore Station from closure "delightful" news. tie had led a lobbying effort to keep it open and had discussions with Rep. Louise M. Slaughter, Mairport, and district postal officials. "But we have to stay vigilant in future years," 1 7 'ranczyk said. "One battle at a time." Earlier Tuesday, the Council's Community Development Connnittee heard from numerous speakers who expressed opposition to the closing of the Broadway- F'ilhnore Station. They cited statistics indicating that nearly 80 percent of the residents living in the impoverished neighborhood do not own vehicles. The small retail operation on Broadway has one full -time staff member and does not have letter carriers working out of its facility. hill eye I'Abuffnews.com Reader comments There on this article. Rate This Article Reader comments are posted immediately and are not edited. Users can belp promote good discourse by using fire "Inappropriate" links to vote down conrnrcnis that tall outside of our guidelines. Comments that exceed our moderation threslxald are automatically bidden and revimed by an editor. 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Find this article at: http: /lwww.buffatonews. cam lcityregion /story/885540.html _I Check the box to include the list of links referenced in the article. :C 2008 The Buffalo News. bttp, Hwww. printtl iis.clickability.comlptlept'? action = =cpt& title= Buffalo %2C -4- Lackawanna... 11/18/2009 ®00U T e 3suffalo Common counctf MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5169 o FAX: (716) 851 -4294 E -mail: mkearm4city- buffalo.com 19 November 2009 Buffalo City Clerk Gerald Chwalinski 1308 City hall Buffalo NY 14202 Re: Fuhrmann Boulevard -- Passible Street Naive Change Dear Mr. Chwalinski: CHAIRMAN FINANCE WATERFRONT DEVELOPMENT CC?MMITTEES BUDGET BURA CIVIL SERVICE CLAIMS RuLEs LEGISLATIVE_ ASSISTANTS MARTHA -ANN MURPHY KELL Y M. KRUG RUSSELL C, WEAVER As work continues on the expansion of FulTr.mann Boulevard to a "parkway -type boulevard" there has been speculation that a new name may be given to Fuhrmann Boulevard. Signage can Route 5 indicates that the exits along huhrmann Boulevard are designated as "Outer Harbor Boulevard" and another exit states "Lakeside Commerce. Tart." The exits make no mention of tlic actual street name "Fuhnnann Boulevard -" This signage has been causing confusion for visitors to the businesses located along Fuhrmann Boulevard. "There are no signs along Route S informing travelers of the huhrmann Boulevard exit. I understand that construction on the site is ongoing. However, many people are unfamiliar with the area and some have had a difficult blue finding huhrmann Boulevard while traveling along Route 5. Section 286 -3 of the City Charter states a new name oi- a change of name to an existing street must be approved by the Cornnlon Council. Please file the attached item for further consideration at the next Common Council session to be held November 24, 2009. Your assistance is greatly appreciated. 1 ! Sincerely, l OMMITTEE ens : UN - chael P. Kearns South District Councilmcmber 111closure "For the People" r (Eflituritort Courtictl CITY OF BUFFALO Council Staff Chief of Staff James S. Pajak Senior Legislative Assistant IV Kevin Linder `t. n M E M O R A N D U M DATE: Senior Legislative Assistants Marite Bellf[eld TO: Brian G. Bray Mark J. Jaskula William Licata Karen D. Privateer Jacqueline E. Rushton November 20, 2009 Hon. Michael P. Kearns, South District Councilmember Legislative Aide RE: Fuhrmann Boulevard_Histaor James N. Jackson I looked into the history of Fuhrmann Boulevard and have chronicled the history and 65 Niagara Square, Room 1413 name changes that have occurred over the years. Buffalo, New York 14202 -3318 Phone: (716) 851 -5105 Fax: (716) 8514234 On April 26, 1880, the City of Buffalo appropriated lands on the shore's of Lake Erie to lay out a street, to be named Wall Street. Later on, Wall Street was renamed Sea Wall Highway. In 1915, Sea Wall Highway was renamed Hamburg Turnpike and on February 11, 1920, the name was changed again, this time to Harbor Turnpike. On July 20, 1934, Harbor Turnpike was renamed Fuhrmann Boulevard, after the former Mayor of Buffalo, Louis P. Fuhrmann. Louis P. Fuhrmann served as Mayor of the City of Buffalo from 1910 to 1917. Fuhrmann got started in politics in 1905 when he was elected to the Board of Alderman from the Fifth Ward of Buffalo. In 1909, on a campaign pledge to improve the Buffalo River, the Hamburg Turnpike and the Sea Wall, Louis Fuhrmann was elected Mayor of Buffalo. At his inauguration in 1910, Fuhrmann talked about developing the outer harbor and its importance to the future prosperity of Buffalo. He was also an advocate of parks, libraries and education for the residents of Buffalo and he supported the creation of a main boulevard between Buffalo and Niagara Falls. After leaving the Mayor's office, Fuhrmann was appointed to the Buffalo Board of Education, where he served on the Board for five years. Louis P. Fuhrmann died on February 23, 1931. 314 Hudson Street Buffalo, New York 14201 November 1, 2009 0004.E Brian C. Davis Ellicott District Common Council Member 1408 City Hall Buffalo, New York 14202 r �4 E: "Barker Commons," Proposed Construction of Eight -Unit Apartment Project at 29412981302 udson Street, City of Buffalo, by Heart of the City Neighborhoods Inc. Dear Council Member Davis: Thank you for meeting with neighbors concerned with the proposed construction of "Barker Commons" apartment project on Hudson Street. Here is a recap of some of our concerns. • Critical project details that impact the residents who live adjacent to the proposed site have not been adequately communicated to them. • The neighborhood has changed dramatically over the past few years, since the project was originally envisioned, and this project has not been evaluated within the context of these changes. - • The project has changed from condos to apartments and these changes have not been communicated to the people who live around the site. • Within the past five years, 288, 289, 293, 295, 314, 315 Hudson, 17, 21, 50, 54 Plymouth and many more properties on Cottage Street and Days Park have sold and have changed hands, from absentee - landlords to owner - occupied. These people, every house that surrounds this project, are against building an apartment complex on this site. • Although there has been an increase of home ownership in the area, residents feel that there is still a lot of work to do to make our neighborhood safe. We had two shootings recently that left residents scared and concerned. One shooting was on Pennsylvania near Hudson and the other was on Cottage near Hudson. We feet that there are too many risks associated with building an eight -unit apartment complex in our neighborhood. Heart of the City Neighborhoods Inc. does not have a proven property management background. In fact, they told neighbors two years ago that they were selling 318 Maryland Street because "they were not in the business of managing properties." HOCN stated that nobody had any interest in the lots that they want to use to build this apartment complex. This statement is false. Heart of the City has successfully kept these lots on hold for years. It is not possible for neighbors or other interested buyers to buy these lots from the City. The owners of 288 Hudson Street have asked John Hannon for his help in buying the lot that is next to their property and they have been told that it is not for sale at this time. Many homeowners are outraged that HOCN has been able to prevent other people in the area from buying these lots. • There are a high percentage of large, high - density absentee- landlord owned properties in the immediate vicinity, adjacent to the proposed Barker Commons project. In fact, there are 45 rental units immediately adjacent to Barker Commons. • Neighbors feel that it is not their responsibility to support a project of this magnitude when there is plenty of affordable housing that already exists in the neighborhood. It's up to the City of Buffalo, Department of Inspections, to make sure these apartments are in good, livable condition. • HOCN claims that this project is designed to attract families. Their definition of family is vague and includes any combination of tenants. • Neighbors are concerned that the driveway dumps out at the STOP sign on Hudson Street, near Cottage. We are in the process of documenting our traffic problems on Hudson Street. Many nights, Hudson Street becomes a 'race track' from Niagara to Wadsworth. Neighbors want a traffic study done because we are fearful that this intersection could become more dangerous with the addition of the Barker Commons Apartment Complex. There is no green space for children to play. Stephanie from HOCN admitted that they originally thought that 288 Hudson Street would be demolished and they would make a playground and green space for tenants on that lot. 288 Hudson has been purchased by the Stephen's family and they have begun restoring this property. 288 Hudson is no longer available for HOCN to use as part of their project. • Cottage Street residents are concerned about noise issues. The noise from this complex would travel down Cottage Street and affect the quality of life of the residents in that area. • HOCN is telling people that this is a 'green' project'. These properties have plastic siding and air conditioning in all units and we feel that telling people that this is a green project is misleading, • The proposed buildings are 47' wide and not in character with the rest of the neighborhood. Most buildings are 30' wide. • While residents recognize that diversity of housing is reflective of a healthy community, there are far too many details of the proposed rental project that remain unanswered. Absentee landlords, who are not accountable to the community, are a risk to neighborhood stability. Because of the lack of communication and management details, residents feel as though this will be blight on the community. • HOCN, through this project and its poor management, has driven a stake through the heart of the community. Their mismanagement and utter contempt for neighbors, whose lives they are negatively impacting, has destroyed the cohesiveness of the neighborhood. • All HOCN's board members live outside the impacted area. They have stated privately that the real reason this project must go forward is not because it's in the best interest of the community but because the will "never get another grant" should they not fulfill this grant. • HOCN has a poor track record of its organization. They were nearly insolvent a few years ago and have no documented track record. Request for board meeting minutes and other critical documentation requests have gone unanswered. • HOCN does not have the necessary funding in place should they lose their funding. • There seems to be huge conflicts of interest within the organization. Cynthia Schwartz, former director of HOCN and Planning Board member, seemed to use her influence to get the project pushed through the Planning Board. Many neighbors took time out of their work day to speak to Planning Board members, only to leave feeling like their concerns were not taken seriously. Cynthia excused herself from voting, however, she stayed at the table, rolling her eyes and kicking other board members under the table while neighbors talked about their concerns with this project. HOCN's director, Stephanie Simeon, was recently ousted from another not- for - profit that she was associated with, Buffalo ReUse, apparently through mismanagement. In conclusion, many Hudson Street, Plymouth Street, Cottage Street, and Days Park residents are opposed to HOCN building an eight -unit apartment complex on Hudson Street. We have spent countless hours discussing and trying to figure out if this project will benefit our neighborhood. We have concluded that it will not. We ask for your help and we appreciate your support. Best Regards, Lauren M. Kostek cc: Mayor Byron W. Brown Richard A. Fontana David A. Franczyk Joseph Golombek, Jr. Michael P_ Kearns Michael J. LoCurto David A. Rivera Bonnie E. Russell Demone A. Smith Christopher N. Brown REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CITY PLANNING BOARD 00042 143 Barnard Street Buffalo, NY 14206 October 19, 2049 Councilman Richard Fontana 141.4 City Mall Niagara Square Buffalo, NY 14202 Dear Councilman Fontana: My name is Nicole Mauri. l live in your district, in the Kaisertown neighborhood. f used to attend St. Bernard School on Clinton Street until it closed a lew years ago. I am now in the eighth grade, and I attend Fourteen holy Ilelpers School on Indian Church Road in West Seneca. I am writing to ask for your help in addressing the current bus situation. When I attended St. Bernard's, it was only a few blocks away Iironi my house, so it was easy to get there. Ever since the school closed, it has been very difficult to find transportation to my new school. For two years, 1 have had to take the Metro Bus with a couple of other classmates from my neighborhood. Now, the Buffalo Board of Education has decided not to provide bus passes any longer, and we don't get a yellow bus, so we have no way of to and 1rorn school. With gas prices being so high, it is difficult for parents to have to drive back and forth to and froth school every day. Fourteen Holy I lelpers is only about two miles from my house, and in my opinion, it is unfair that we cannot at least get Metro Bus passes, if not a yellow school bus. Superintendent Williams keeps saying he cares about the children, but apparently he only cares about the children who go to Buffalo public schools! Between seven and ten kids who attend my school who live in Buffalo. All of our parents pay taxes to the City of Buffalo and to New York State, so I IM that we have the right to have a bus to bring, us to and from school. Kids who live in Lancaster, Cheektowaga, and Depew are all able to get a bus to bring them to Fourteen I loly Helpers, so why won't Buffalo provide one for us'l If nay parents decided to send nee to a school far from my home, even all the way in North. Buffalo, I would be able to get bus transportation. It does not make any sense to me that we can't fret a bus for such a short distance, just because we are crossing the border into West Seneca. Thank you for taking the time to read my letter. Please respond back to me at my address above. 4r S RF ON Sincerely, o Nicole Mauri 000 43 November 19, 2009 Mr. Gerald Chwalinski Buffalo City Clerk Office Room 1308 -City Hall Buffalo, New York 14202 Dear City Clerk City Clerk: �, 15 1 . r,0 (,) u)r 1 f -Yil 1;_ I f3tY My name is Byron J. Mcfntyre and I am seeking the position of being appointed Councilmember of the Ellicott District until the next election is held. I have campaigned and ran for the Ellicott District seat in the past. I have lived in the district all my life so I am uniquely familiar with the community, the residents and some of the problems facing us. I have a political base already in place and I can be an asset to the council body. I am known and respected by many in the Ellicott District as well as the city of Buffalo. I have no political baggage and I am a fair- minded and strong willed individual who has no ties to any known or unknown political groups. I am independent by nature and I can work with any individual and /or group to move the city's agenda forward. I am requesting an interview from your honorable body to consider me for the position of Ellicott District Councilrnember. Please contact me rz (716) 310 -7005 or I can be reached by via email @ ig minds C,aol.com I have included a copy of my resume and a biography sheet for your convenience. Thank you for allowing ine this opportunity to ask for you support and your vote. sped ully, Bryn , cInt rre 0 Bryon J. McIntyre Bryon J. McIntyre is a lifelong resident of the Ellicott District. He has resided in the Michigan /Northampton area all of his life. He attended Buffalo Public School where he excelled in sports. He counts as his hobbies, basketball, bowling, softball and running. Bryon is a loyal and faithful husband to his wife Renee as well as the father of four children who are currently in the Buffalo Public Schools. In addition, he has several adult children who are the parents of children who are in the public schools as well. Mr. McIntyre is a homeowner who takes pride in his neighborhood and he works diligently with the residents of his street to make sure that issues of crime, drugs and other negative concerns are addressed by city officials. Bryon is also a member of numerous organizations that are children - oriented. Among these are the Buffalo Schools' District Parent Coordination Committee, Alliance for Quality Education and the Committee on Special Education. Bryon J. McIntyre is a Buffalo Professional Firefighter who has worked as a public servant saving lives and the city's property for over 13 years. Bryon also works as a substitute teacher for the Buffalo Public Schools on his . days off from the fire department. As a candidate for Ellicott District Councilmember, Mr. McIntyre will focus on the following issues as well as other important concerns impacting the district: _l. Redevelopment of Ellicott District commercial strips including Jefterson, Broadway, Genesee, Michigan, Main, Sycamore and the lower West side. 2. Supports the re opening of Main Street to traffic. 3. Support for University of Buffalo's 20/20 Initiative. 4. Working with the Fruit belt Redevelopment Committee. 5. Support for Main /Medical Corridor expansion. 6. Rallying to keep the Jesse Nash /Dr. Matt Gajewski Health Clinics in our community. 7. Supports the redevelopment of the inner and outer harbors. S. Working to keep the community centers in the Ellicott District funded and open as safe havens for our youth and seniors. 9. Working efficiently and collaboratively with the other elected city, county, state and federal officials to move our community forward in a productive and positive manner. Byron J. McIntyre 1239 Michigan Ave. Buffalo, New York 14209 (716) 310 -7005 ipminds0,)aol.com Employment Education Buffalo Fire Department 1997- present Buffalo Public Schools Substitute Teacher 1998- present Berkshire Farms Relief Counselor 2001-2003 ECC -City Campus AS Degree - Mental Health Buffalo State College BS Degree - Sociology Graduated 1.997 Homeland Security Training State Preparedness Training center Oriskany, New York February 12, 2008 thru January 5, 2009 ( "oat munity Involvement Citizen Action -board of Directors Alliance for Quality Education, (Board). School Reform Think Tank (member). Special Education Parent Advisory District Parent Coordinating Committee M.O.C.H.A. Society (firefighters' group). Working Families Bethel AME Church (former board of trustee member). References Available upon request. 0004 i Days Park Black Club �. 7 Days Park Buffalo, New York 14201 71 6- 885 -751 Councilmember Brian C. Davis Boom 1408 City Hall Buffalo, New York 14202 -3335 Dea � ".. 0'1- r l�lr: Davis: November 2, 2009 a il 1 F G On behalf of the Days Park Block Club, I wish to express OUr support for the reuse of the former Bilingual Early Childhood Center #36 building located at 10 Days Park, Buffalo, NY 14201. As you are aware, this public school closed its doors at the end of .tune 2009. The Tapesty Charter School has been occupying the building since September of 2009 and will continue to do so on a temporary basis throughout this school year. The Elmwood Village Charter School submitted a purchase proposal to the city real estate department on October 16, 2005 and is expected to occupy the budding for the 2010 -- 2011 school year. It has come to our attention that Sam Savarino has also been invited to submit a proposal for the building since he has expressed an interest in the building, contrary to the resolution that was passed by the Common Council on May 12, 2009. The school building is located in a neighborhood with an involved and diverse community in a. National Historic District and on an Olmsted designed park. The future use of this property will have a direct impact on the quality of life for the residents of Da Park [as well as the surrounding neighborhood] and on the integrity of the park's historic landscape, The Days Park Block Club whole heartily supports the Elmwood Village Charter School's proposal to purchase this building for continuous quality of education and commitment to the community that has been demonstrated in the past. Members of the DPBC feel that this arrangement would benefit all in our community. It is our desire that the building continue to be occupied, maintained and exist as a vital and integral part of the neighborhood and our community. We look forward to working closely with the Elmwood Village Charter School to help preserve this beautiful Olmsted Park. Thank your for your continued support of Days Park and our efforts, I remain; eery truly yours, RE F PE Dolores Murphy t y� President, Days Park Block CC: Liz Evans, Elmwood Village Charter School Mayor Byron Brown 000 4 5 Gri lith f). Pritchard 122 N. Pearl tit. Buffalo, NY 14202 (71 6)228 -722.5 November 18, 200 Bol nic Russell University District Council Member 65 Niagara Square Buffalo, ANY 14242 Dear Ms. Russell: y request to replace the outgoing Ellicott District Council Meriiber Via Please accept this letter as appointment to the Common Council of the City of Buffalo, I believe t3ufialo can become one of the greatest mid-- sized cities in the United States. But this cafe only be accomplished by people; across all walks of life working together towards common goals. My history and track record shows my ability to connect and work with all people and provide leadership. I've worked as a production supervisor for workers surviving on piece work in a clothing Iacto u managed a 112 bed homeless shelter for refugees; developed and implemented p l3uff to i hared c market penetration through distributorship throughout the U.S., and Canada for a small manufacturer; and worked as a Senior Branch Manager for a major regional bank• eater hing I've ever accomplished. was with the help and support of other people, and this leads to to greatest € building relationships, I know the importance of looking at all views and developing an holistic approach to issues where ownership (and credit) is shared. 'The importance; of allowing people and organizations to shine;. Allowing them the satisfaction and self -worth that comas from positively affecting issues important to us. I know how this encourages their continued efforts and makes what: we do open and accepting 1ol' ethers to come and join in. I would be grateful for the opportunity to positively affect my community. If you would like to sit down for coffee and have a talk concerning my views on issues, please call me at 228• -7225. Sincerely H EE r- ' KrItchard Grr rt I, Griffith D. Pritchard 122 N. Pearl 5t., Buffalo, NY 14202 716 -228 --7225 email Education: Hobart College, 1984, BA in Anthropology. M&I' Bank, Buffalo, NY 2001-2009. Served as a multi -site Senior Branch Manager covering the West Side, Black hock, and Broadway -. Fillmore areas in the City of Buffalo. These sites have collectively: • Over $90 million in deposits. Approximately $20 million in commercial and retail loans. • Generate over $5 million in yearly revenues • 1,500 managed retail households • 300 business banking customers • 22 employees Specialize in Payment Cycle Selling and responsible for generating sales in retail &, business bankiiig; merchant services, treasury management, and investments. mulso Corporation, Buffalo, NY. 1.997- 2001 Served as National Sales Representative to promote and generate sales by building and utilizing an international network of distributors in the pavement maintenance industry. Work with distributor sales representatives on how to properly use and present our product line. Directly sold to firms anc governmental agencies. Oversaw bidding process on government contracts. Vive Inc., Buffalo, NY 1991 - 1097. Managed a 120 emergency shelter for political refugees and served on the development. cornn'i.ttee. Wrote grants for government and foundations monies and oversaw compliance to terms and conditions when received. Awards_ 2 008 Top Performer for M &T Bank (on track to be a 2009 "1'op Perforiner), Managed a 2008 Top Performing Branch, 2006 Business Banking Million Dollar Club for the Greater Washington, DC area. Community Involvement: Working to develop a subcommittee to open and utilise food stands in LaSalle, Broderick, and loot of Ontario Street parks in City of Buffalo; Board of Director's Kiwariis Club of Buffalo (President during 2008.09 FY), Board of Director for the St. Adalbert`s ltc;spnnse; to Love Center; President of Broadway Area Business Association, 2008 & 2009. Advisor to Ivey Club at City Honors High School, Aktion Club (for developmentally disabled adults), and K -Club at ( "anisius College. 0004' e Ginger D. Selir &der, Esq. (716) 881 -4901 seIt rodex ies'ale al.cona November 19, 2009 Via Hand Delivery Clerk Common Council 1308 City Hall Buffalo, New York 1.4202 Re: Filing for Legislative Agenda Dear Clerk: Please find enclosed the Stillwater Undercover Investigative Report Commissioned by Area Residents for filing in order to put our concerns on the agenda for the next meeting on Tuesday, November 24, 2009. Thank you for your consideration. Sincerely, x5u TO THE C01MMITTEE SCHR ®DER, JOSEPH & ASSOCIATES, LLP ON I. x'90 .. Ginger D. Schroder GDSlmez 766 F' lict>tt `treat Buffltlo, NY 11203 3 Tel: (716) 881 --1900 F-ix: (716) W 1-009 P B.S ` - -0N SU : vlANTS, INC. 659 RIDGE R OAD LACKAWANNA, NEW YORK 1 42 1 8 OFFICE (7 822 - /NI/6STIGATNE REPORT STILLWATER RESTAURANT AND NIGHTCLUB FOR: GINGER SCHRODER /RESIDENTS N OVEMBER 17, 2009 By Lori E. Francisco- McVicar THIS REPORT IS INTENDED ONLY FOR THE USE OF THE ENTITY TO WHOM IT IS ADDRESSED AND CONTAINS INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. 1� NEW YORK & PENNSYLVANIA STATE LICENSED PRIVATE INVESTIGATORS sllllwaler investigative rap l Schroder- Issues Stillwater Restaurant and Nightclub REPORT SUMMARY On September 29, 2009, I met with Scott Huber concerning the Stillwater Restaurant and Nightclub. Requested was that information and video surveillance, as well as a noise study be conducted regarding the activities at that location. Reviewing the Commissioner of Economic Development, Permit and Inspections Services Restaurant and Dancing Class III License, the following conditions that were noted in that permit also must be addressed. * The license shall provide security at each of its exits and said security will enforce a policy that does not permit removal of alcoholic beverages from the interior of the premises • That the licensee enforce a policy that there be no loitering outside of the premises, in front of or behind the premises for the purpose of drinking. • That the licensee keep the parking lot behind the building free and clear of individuals drinking. • That the licensee promptly respond to any and all complaints from the neighbors and /or police of excessively loud music, unruly patrons or people loitering. * That the licensee shall keep all entryway and exit doors close and that no, doors be propped, hinged or kept open. • Security cameras will be installed for review as necessary. • License will be subjected to review before renewal is required. COVERT INVESTIGATION: Thursday /10/08109/11:30 PM- This investigator under covert pretense went to Stillwater Restaurant & Nightclub, dba Stillwater Grille, LLC, located at 483 Delaware Avenue, Buffalo, New York. I entered through the back door, where Chris (name provided by him), who identified himself as the bouncer and was completing the tasks of that position. The door was propped open. The back door is located on Virginia Place. He is described PBS CONSULTANTS, INC. 2 Schroder- Issues Stillwater Restaurant and Nightclub as a black male, approximately 250 pounds, approximately 6'3" in height, with long dreadlocks pulled back in a ponytail, and wearing large framed eyeglasses. The rear door to the establishment was open. (This was in violation of the permit conditions). Video was taken, but because of the light, the situation was not clear. At approximately 2:30 AM, Chris explained to me the time and date, and the door was still propped open. Chris stated that on any given night there are at the least five fights at the rear of the establishment. There was one bar back, a white male, who was located at the back door when I arrived. He is described as approximately 5'6" in height, 160 pounds, with short brown hair. He was drinking what he said was a Red Bull, a power drink, without alcohol because he was working. Chris's girlfriend arrived, who is described as a female Caucasian, Sicilian American decent, was approximately 5'2" in height, approximately 280 pounds, with long black hair. She told me that she was a four time felon arrested for fighting. I then suet with the front door man, Lamont, who is described as a black male, with a British accent, 66", in height, weighing approximately 200 pounds, wearing long dreadlocks in a ponytail with a red ribbon in his hair. He explained that he is trained in Kung flu, was in the Marines, was a teacher, and had to travel to Toronto a lot to meet his "Master" who took him under his wing since he was ten years old. Investigator FRT arrived at approximately 12:30 PM and entered through the front door. The front door is on Delaware Avenue. The establishment was quiet and fairly empty. I spoke with Chris, the bouncer located to the rear of the establishment, who stated they had issues at that location and it was a direct result of the patrons. An example was that he had to throw people out who threatened him with guns, knives or bodily harm, and later those same people returned and apologized to ask to come back in. He stated that he PBS CONSULTANTS, INC. 3 Schroder- Issues Stillwater Restaurant and Nightclub would like to find other work, such as a police officer. Inside the actual music wasn't as loud as the bass sound which thumped. As the night progressed the sound increased with a thumping noise of bass emanating throughout the location. I discontinued my covert investigation at 2 :30 AM. The back doors were propped open when I left. Throughout the evening I returned to the back door to observe that the back doors were periodically propped open for long periods of time. The bouncers were allowing people to congregate to the back of the club. I observed to black males sitting on the brick wall near the door entrance holding up a black woman. When they let go of her she fell backwards. They stated that she had to much to drink. I asked the woman if she was alright. They were allowed to sit on the brick wall for ten minutes or more. Thursday /10/15/09/12:00 AM- I went to Stillwater Restaurant and Nightclub. I entered through the backdoor that is located on Virginia Place. Chris, the bouncer, was again located at the backdoor. Sherman, another bouncer was sitting at the small round table located at the back entrance. Sherman explained that he has been bouncing at this location for approximately one year. He also works as a truck driver with United Foods, out of Rochester, New York. Chris and Sherman denied knowledge of Bouncers having to be registered and trained as security officers. Neither had knowledge of any security cameras in the area of the Stillwater Restaurant and Nightclub. 12 :30 AM- While walking from the rear of Stillwater Restaurant and Night Club with a friend to walk her back to Snooty Fox Night Club, a fight ensued. I observed a male Caucasian, with black short hair, wearing jeans, with a thin build, approximately 130 pounds, sitting down on the curb located just to the north of the back door. Another Caucasian male, approximately 130 pounds, approximately 5'9" in height was holding /caressing him. The _.. ............... ... PBS CONSULTANTS, INC. 4 Schroder- Issues Stillwater Restaurant and Nightclub two males were openly gay. The male Caucasian sitting down appeared to be ill. Chris walked over to talk to the two males and my attention was then redirected for a few moments. Moments later my attention was then brought to the back parking lot area where the taller male Caucasian was walking the other (the one that was later assaulted ). He was holding /caressing him in his arms while walking. They were not being forced away, but were walking away on their own. When almost off the property near the back fence, the male that was obviously having a hard time walking turned around and said, "you black mother fucker." I turned and saw Sherman and Chris turn their backs and another black male, approximately 5 "9 in height, 190 pounds, run quickly towards the two Caucasian males who were located almost in the middle of the street and off of the property of Stillwater Restaurant and Nightclub. This is the first time that I observed the black male and did not know him to be an employee at that time. The black male rushed the sickly male Caucasian like a football player would do, into the front quarter panel of a newer white car - -a KIA. The KIA was bearing the New York State license plate no. EH5 -8385. The male Caucasian who we will now refer to as Jonnie, has his head impact the car, both Caucasian males fell to the ground. Jonnie was then pushed to the curb near the front of the white vehicle impacting with the curb. He was stunned and unable to defend himself because of the size of the person fighting with him. He visibly had blood on his face. I attempted to video the fight with my cell phone. I screamed when I first saw the male run after Jonnie and push him into the car to alert him. I then saw the black male that pushed him into the car walk towards the Stillwater Restaurant and Nightclub. Chris the bouncer then came to the scene and he then also scuffled with Jonnic on the curb. PBS CONSULTANTS, INC. 5 Schroder- Issues Stillwater Restaurant and Nightclub Jonnie then got back up and was waving his fists in the air. The entire time Joe, his date, attempted to push the assailants off of Jonnie, pleading with them to not hurt him. Jonnie stood up from the ground visibly shaken, Chris returned and Jonnie's fist impacted hint in the facial area. Chris then pushed him back down and I watched as he continued to punch Jonnie, lastly punching him in the face before walking back to the club. Before Chris began hitting him I asked him to call the police and not to go over to Jonnie. He ignored my pleas. He then began hitting Jonnie and pushing him to the curb. I screamed to Chris to stop hitting him, saying "no more hitting" many tunes and pointing out to him that he was a security person. Chris walked away and I stood over Jonnie and Joe asking them to calm down.. I asked if they wanted me to call the police. I then left the area for a moment and met Michael Phillips, investigator and president of PBS Consultants around the corner on Edward Street as I knew that our sound person was with him. I returned to Stillwater Restaurant and Nightclub and spoke with Sherman and Chris. Chris stated that when he heard the "Black" word he "turned his back the fight" and let the other guy go after him. He said that he knew the person that hit Jonnie and that he allowed him to go back into the bar to hang out after the fight. He also stated that because he got hit in the eye he went back after Jonnic. I observed on Chris what I believe to be an abrasion above the left eye. During the fight, I observed a white male approximately 250 pounds wearing a white chef coat with a balding head of hair, wearing eyeglasses standing in the area of the driveway and also next to the white KIA car during the duration of the fight. I observed him in the cell phone video as well. In the surveillance video was a female Caucasian standing on the back steps, an employee dressed in black with a black apron., and brunette hair PBS CONSULTANTS, INC. 6 Schroder- Issues Stillwater Restaurant and Nightclub watching the fight. I believe that the vehicle that was damaged by the fight belonged to her. This investigator did not observe any surveillance cameras in the front or back of the establishment. Frank R. Tobias October 8th, 2009 12:30 AM - 3:00 AM 12:30 AM- Investigator F.T. arrived through front door which was closed and was greeted at the front table by two black women and a taller black male who was later identified as Lamont, a bouncer at Stillwater. The Investigator was required to pay the $5.00 front door cover charge collected by the two women sitting at a table. At this time the front door was closed and the inside door was propped open. The rear door was held open by another bouncer at the rear of the building. This was, as was later told to the Investigator because the inside temperature was elevated. The bouncer at the rear entrance identified as Chris, told Investigator F.T. that he was threatened with bodily harm with knives, guns, and other items after ejecting rowdy patrons and bar fighters. He also stated that there was a large amount of fights that broke out within the establishment as well as outside. 1:30 AM- Investigator's noticed that Stillwater was starting to become crowded also noting the dance floor was overflowing and the bar area was crowded 3 deep to wait to be served. The ambient noise inside as well as outside quadrupled making it hard to hear normal conversations without yelling in the other person's ear. The .......... . PLUS CONSULTANTS, INC. 7 Schroder- Issues Stillwater Restaurant and Nightclub Investigator's noted that the sound was more of a drum bass and thumping loud bass beat and it appeared to resonate high up into the second floor of the Stillwater bar. With no further activity noted and no problems observed the Investigator's departed Stillwater for PBS office. 2:30 AM - Investigator F.T. departed through front door and observed a group of Stillwater Patrons yelling at one another loudly as he entered his vehicle. They were loud enough to wake surrounding neighbors sleeping at this time. They entered their vehicles in what appeared to be an intoxicated state and drove away. VIDEO /COVERT INVESTIGATIVE REPORT: Investigative Report for October 11' Investigator Robert Davisson Stillwater Restaurant and Nightelub 11:30 PM Investigator RFD left PBS office 12:00 AM Investigator met up with MPH at location Stillwater for assignment. 12:22 AM Video taken of Stillwater's front door. 12 :213 AM Investigator walked around block to back lot of building. 12:30 AM Investigator observed a fight taking place starting at the outside of rear exit of premise and continued on to across the street of Virginia Place. A bouncer from Stillwater was observed chasing and punching a patron from the bar near a vehicle parked on Virginia Place. Investigator observed at least 3 employee's from PBS CONSULTANTS, INC. 8 Schroder- Issues Stillwater Restaurant and Nightclub Stillwater watching and assisting in the fight. Video was taken. Door was propped open. Figure I View of black males congregating during right with bouncer PBS CONSULTANTS, INC. 9 Schroder - Issues Stillwater Restaurant and Nightclub Figure 3 View of Bouncer Chris, and employee after tight PBS CONSULTANTS, INC. 10 Figure 2 View of bouncer beating patron Schroder- Issues Stillwater Restaurant and Nightclub 01:00 AM Many persons were observed outside the rear of the premises with what appeared Figure 5 View of patrons, door propped open PBS CONSULTANTS, INC. l l Figure 4 View of Chef entering Club, patrons after fight to be alcoholic beverages. Door was propped open as noted below. Schroder- Issues Stillwater Restaurant and Nightclub PBS CONSULTANTS, INC. 12 Figure 6 Another view of door propped open, patrons congregating Figure 7 Another view of doors propped open, patrons congregating Schroder- Issues Stillwater Restaurant and Nightclub 02:30 AM With no further activity and the decline of numbers of patrons in the establishment, Investigator ended surveillance and returned to PBS office. 03:00 AM Investigator arrived at PBS office End of Report. Investigative Report for October 15 2009 Investigator Robert Davisson Stillwater Restaurant and Nightclub 11:30 PM Investigator RFD left PBS office 11 :50 PM Investigator arrived on location at Stillwater Restaurant and Nightclub circled the Block and took position behind club for video surveillance. Cub doors were closed upon arrival in front and back and noise level was low. 12:30 AM Video taken of the door open at the rear of building. Investigator heard music PBS CONSULTANTS, INC. 13 Figure 8 View of door propped open, patrons congregating Schroder- Issues Stillwater Restaurant and Nightclub Figure 9 View of back door propped open 01:28 AM Investigator moved position to front of premises with very little activity in back of Building and door remained closed with the exception of an occasional patron going outside to smoke. No beverages detected outside the rear of the club. PBS CONSULTANTS, INC. 14 volume increasing. Schroder Issues Stillwater Restaurant and Nightclub Figure 10 View of door propped open for patron to smoke 01:31 AM Video taken with front door open, Music level and DJ talking is very loud with thumping of base. PBS CONSULTANTS, INC. 15 Schroder- Issues Stillwater Restaurant and Nightclub Figure 1.1 View of front door propped open, patrons congregating 01:44 AM Video taken with front door closed, patrons remained inside with occasional person or persons coming out to smoke. 01:50 AM Video taken at front with no outside activity, volume still very high from music and DJ. 02:18 AM Video taken from rear of premise with back doors propped open. PBS CONSULTANTS, INC. 16 Schroder- Issues Stillwater Restaurant and Nightclub Figure 12 View of back door propped open 02:45 AM Investigator departed location and returned to PBS office. 03:00 AM Investigator arrived at PBS office End of Report NOISE STUDY: KimKits Industrial Design and Fabrication P.O. Box 158 Hamburg, New York 14075 -0158 Website: www.Iiimk.its.com On 10/10/09 and 10/22/09 noise studics were conducted at and around the location of the Stillwater Restaurant and Nightclub by the above company on behalf of the residents in the area. Referring to that report all the noise level readings were recorded by a Quest Model 2700 sound level meter with a Quest Model OB -50 Octave Filter Set as per requirements set forth in the City of Buffalo Noise Ordinance. Instrumentation was calibrated prior to readings. Reading taken were db linear with slow response. PBS CONSULTANTS, INC. 17 Schroder- Issues Stillwater Restaurant and Nightclub The finding of that test concluded that from the four locations on both of those days the noise levels changed every 10 to 20 minutes and it would not have been feasible to record it for two full nights. The noise level changes recorded at the 125 Hz octave band noted were excessive or unreasonable as per section 293.A. of the City of Buffalo Noise Ordinance. In addition while walking past the outside of the front of the club on 10122109, at 12:50 AM, a front window exhibited loud rattling due to the structural noise created by the low frequency noise inside the club. Please see the attached report for further information. CITY OF BUFFALO NOISE ORDINANCE: Referring to the City of Buffalo noise ordinance, chapter 293, The Common Council determines that the creation of excessive noise within the city limits of Buffalo is a detriment to the comfort, convenience, safety, health and welfare of the citizens of the city and the person within the city are entitled to have maintained noise levels which are not a detriment to life, health, welfare and enjoyment of property. Therefore, it intends hereby to prohibit all excessive and unreasonable noise from all sources subject to its police power in order to persevere, protect and promote health, safety and welfare and the peace, quiet, comfort and repose of persons within the city. WITNESS STATEMENTS: Kathleen Gabel 479 Delaware Avenue, Apartment 8 Buffalo, New York Occupation: Student at UB school of Law PBS CONSULTANTS, INC. 18 Schroder- Issues Stillwater Restaurant and Nightclub On 10119109,1 met with Ms. Gabel and obtained her written and notarized statement. Ms. Gabel's apartment is located to the south of Stillwater's Restaurant and Nightclub, on the fourth floor, rear of the building. Her bedroom and bathroom share the wall to Stillwater. According to Ms. Gabel it wasn't until a few days after she moved into her apartment that she became aware that she was living next door to a nightclub. She is from another state and did not know that the bars were open in New York until 4:00 AM. The noise is worse on Saturday nights. The loud thumping noise keeps her awake and affects her sleep. She is a student of law and is having difficulty concentrating on her studies. She stated that she can not hear the notes of the music just the loud thumping of the bass drums. At closing; time there are always people lingering in the back area outside at 4:00 AM. They appear to be inebriated, are disorderly, their voices carry all the way into her apartment. On Saturday, October 15, she and her friend were awoken by a fight outside of the rear of Stillwater. She noticed a man in a chef's outfit outside and a small Caucasian male being involved. On Saturday, October 16, 2009, she heard a lot of noise coming from a car load of people who were parked at the back of the restaurant who were loud and appeared to be intoxicated. As a result of the noise she has to sleep with earplugs. She stated that Sundays seem so quiet and peaceful like it should be. She stated that during the weekends her windows are closed in her apartment. She has no problems when the location operates as a restaurant. She took the time to look up the dates that they have music, in order to schedule her life around it. PBS CONSULTANTS, INC. 1.9 Schroder- Issues Stillwater Restaurant and Nightclub After studying the other day she drew a bath, thinking she could relax. Once she got into the bathroom the loud thumping sound began. As a result she didn't get to relax after her studying. According to Ms. Gabel there is no peace and quiet enjoyment in the apartment on Saturdays. On 11/9109, 1 received an email from Ms. Gabel. She stated that the music is driving her nuts lately and she is trying to study for her final exams. The music was blasting that evening up until 11:30 PM, at the writing of the email. Nympha Averi Montagu 478 Delaware Avenue, Upper Buffalo, New York On 10/20/09,1 met with Mrs. Montagu at her residence and obtained a written notarized statement. Referring to that report, Mrs. Montagu resides directly across from the Stillwater Restaurant and Nightclub. She and her husband have resided at this location for approximately 30 years. According to Mrs. Montagu the noise problems occurred before April 23, 2008, when they were made aware that there was a proposal to build a patio on the front of the building. She observed and noted the following dates, but this does is not extensive as she did not always get up to write notes and call the police when she was experiencing problems with the club. • 4/2510811:30 AM- Called police, loud music, pounding bass, front door open, patrons walked out with beer, drinking and littering on the street. • 5/4/08/12 :50 AM- Loud live music, front door open. • 5/25/08/11 :45 PM- Music, front door open, drinking. • 6/7/08 —Bar fight, patron from Rochester, New York, hit in head with heavy beer glass requiring hospitalization. PBS CONSULTANTS, INC. 20 Schroder- Issues Stillwater Restaurant and Nightclub • 7126/08/3 :32 AM- Fight, cleared. • 3114/09/1:00 AM- Loud bass beat, front door left open, • 5/24109/2:15 AM, Front door open. • 8/1/09/3:10 PM- Front door open, load crowd on front stairs, rail and sidewalks, double parked cars, guards (possibly body guards) blocking door, loud crowd until 4:15 AM; 3:00 AM Stillwater staff picking up broken glass and beer bottles from outside. • 9/22/0912 :30 AM - Doors left open in front, four police cars arrive, #912, 657, 867, and 755. (she believed these were the numbers) • 9125/09/12:03 AM- Called police because of loud thumping noise. • 9125/09/12:58 AM- Police drive by, slowed down, didn't stop. • 8124109/12:35 AM- Called police because of loud music. • 8/24109/12:44 AM- Police arrive, talked to people on front step, police left, music wasn't turned down, door wide open. Mrs. Montagu added that she has been unable to have quiet enjoyment of her home. She has co- existed with restaurants across the street for many years prior to the Stillwater, without incident. She has now had to deal with broken bottles, littering, and her nights of sleep interrupted. She is unable to function the next day after a eight of the loud thumping noise. It vibrates across the street, and between the buildings. Seana Murphy 479 Delaware Avenue, Apartment 6 Buffalo, New York Occupation: Teacher On 10/22/09,1 met with Mrs. Murphy at her residence and obtained a written and notarized statement. Mrs. Murphy and Bob, her husband, have resided at this location for five years. There apartment is located to the northeast in the apartment complex. PBS CONSULTANTS, INC. 21 Schroder- Issues Stillwater Restaurant and Nightclub She stated that for approximately one year there has been a lot of noise on the Stillwater back patio. Her husband has been to Stillwater to speak with management regarding the noise issues. The summer before last her husband went to speak with management a few times and this past summer a few times as well. There have been occasions in which they closed their windows because of the Stillwater's noise. There have been occasions in which the noise woke them from their sleep. As a result of the noise they have had to shut their windows. They complained about the humming sound that comes from the roof fans as well. They cannot sit comfortably in their living room with the windows open because of it. There have been times when Stillwater patrons are sitting on their from stoop outside of the apartment causing an uncomfortable situation with her. The noise from the club is mostly weekends and Saturdays. Jenine Nowakowski Meg Ublinger 479 Delaware Avenue, 92 Buffalo, New York On 10122109,1 interviewed with Ms. Nowakowski and Ms. Ublinger. They moved to this location in August 2009. According to them there has been a very big tenant turn over in the building leaving many apartments empty. She has asked Stillwater to turn down their speakers on a few occasions. She stated that I should speak to an Alan Geiss, who had resided in apartment No. 5, he lived at that location for approximately four years. He lost his apartment as a result of non payment. She stated that he resides in the Lennox Hotel, she believes on the 5"' floor. He told her that he complained so much to Stillwater about the noise, that they offered him a job as a bouncer. PBS CONSULTANTS, INC. 22 Schroder- Issues Stillwater Restaurant and Nightclub She also recalls that there was a man that resided in No. 2 who moved out because he couldn't open his windows. He complained of the cigarette smoke that emanated from the patrons of Stillwater. Joseph Ira - Sharon Roth Buffalo, New York Occupation: Dance Teacher On 10/23/09, I met with Mr. Roth and obtained a written and notarized statement. On 10 /15 /09, he and his boyfriend Jonnie Correa went to the Stillwater Restaurant and Nightclub to meet with some friends. They stayed approximately 10 minutes and left because Jonnie was complaining of chest pain. Mr. Roth walked Mr. Correa outside to the rear of the club and sat him down on the curb. Mr. Correa began to feel worse and laid back on the sidewalk. A black male came from inside of Stillwater and said "this is private property and you can't lay here." The man behaved in the capacity of a bouncer of Stillwater. He had no regard for Jonnie being ill. He felt as if he was trying to pick a tight with them and was becoming aggressive. He attempted to move Jonnie who asked him not to touch him. Mr. Roth told the man that he was his boyfriend and he would care for him. Mr. Roth helped Jonnie up and began to walk him away from the location. Jonnie being sick and upset and screamed something to the bouncer about him being black. He never made any racial slurs. A black man came fi•om Stillwater running toward them. They were already out on Virginia Place when be smashed Jonnies head into a white parked car. His head hit the front passenger side wheel well. Jonnie then rolled off of the car and the man pushed him into the curb. Two black men, one that he identified as a bouncer from Stillwater, began to further attack Jonnie, kicking and punching him at the same time. After the fight, he took Jonnie to his home where he began to throw up. An ambulance transported Jonnie to the hospital for treatment. As a result of the beating he sustained a fractured PBS CONSULTANTS, INC. 23 Schroder- Issues Stillwater Restaurant and Nightclub nose, which left a bump on the left side of his nose, a black eye, abrasions to his face, a concussion and a chipped upper front tooth. Jonathan L. Correa Buffalo, New York Occupation: Barrister On 10123109,1 met with Mr. Correa. He stated that as a result of a concussion from the fight he has no memory of the incident. He did confirm that Joe Roth's statement of his injuries are true. Anthony Geiss Lennox Hotel North Street, 5 th floor Buffalo, New York Occupation: Unemployed On 10/26/09,1 made contact with Mr. Geiss. According to Jenine Nawakowski interview, a resident of 479 Delaware Avenue, 42, Mr. Geiss complained constantly of the noise when he resided in apartment no. 5. Mr. Geiss stated that approximately four months ago he last worked as a bouncer with Stillwater. He stated that the noise at that location was terrible and loud. He made so many complaints that they finally hired him to work as a bouncer at that establishment. He stated that he no longer works with Stillwater nor resides at that location and did not want to become involved. Ginger Schroder 497 Delaware Avenue Buffalo, New York Occupation: Attorney On 10/28109,1 met with Ginger Schroder and obtained a written notarized statement. Mrs. Schroder and her husband have resided at that location since March 1, 2003. When she first moved in it what is now Stillwater was Lord Chumley's Restaurant, which generally closed PBS CONSULTANTS, INC. 24 Schroder- Issues Stillwater Restaurant and Nightclub around 10:00 PM at night and it was not a nightclub. The Stillwater was purchased by Mr. William Goodhue, approximately in 2006 or 2007. The Stillwater was granted licenses that reflected requirements. Critical to the area residents was the issue of no "propped open doors" and they very much liked the condition that was ultimately placed on the Stillwater regarding the additionally requirement of security at the entrance /exits and installation of security cameras. She wrote a letter to the Common Council notifying it that the residents intend to oppose the renewal of licenses to the Stillwater, based on the Stillwater's non compliance with the required conditions expressly stated on the licenses themselves. Referring to Mrs. Schroeder's statement since the subject licenses were issued a year ago to the Stillwater Restaurant and Nightclub, a number of the conditions have been repeatedly violated. The noise that emanates from the Stillwater on various Thursday, Fridays and Saturdays is excessive and in addition to the impact it has had on the other residents, and her family as well. During the good weather months it is impossible to open her bedroom windows when the Stillwater is operating. Often the shutting of windows is not sufficient to block the loud thumping music that emanates from the Stillwater on such nights. She purchased a white noise machine for her bedroom in order to be able to sleep through the noise at night. On late nights when she walks her dogs, she routinely observes the doors propped open with music and loud thumping emanating to the outside where it can be heard many properties away. Joe Saccone 491 Delaware Avenue Buffalo, New York Occupation: Residential Real Estate Agent On 11117109, Mr. Joe Saccone forwarded me a written and notarized statement. Referring to that statement Mr. Saccone lives in the residence located to the north of the Stillwater Restaurant and Nightclub. He reports that he has resided at that location since October 2008. PBS CONSULTANTS, INC. 25 Schroder- Issues Stillwater Restaurant and Nightclub According to Mr. Saceone his bedroom is at the rear of the building facing Virginia Place. During the year that he has lived there, there has been dozens of evenings where he has been kept awake or awoken from his sleep by the music and or patrons of Stillwater. Most of the noise seems to come between Thursday and Saturday evenings and often the real noise comes after midnight. The noise is a low bass which shakes the windows in his room. Often times in good weather he can hear the higher music when the rear door of the club is propped open. Also with his bedroom window open in summer he can hear the patrons who gather in the rear parking lot of the Stillwater clearly even though his room is on the fourth floor. He is a residential real estate agent and works on weekends almost always, particularly during the summer season, The noise makes it impossible to get a full nights sleep and is disrupting both his work and personal life. Patrons are observed outside of the establishment talking in groups loudly, sometimes smoking, and often handling what appears to be alcoholic beverages, including actual beer bottles. Scott Huber 491. Delaware Avenue Buffalo, New York Occupation: Insurance Agent On November 17 , 2009,1 made contact with Mr. Huber and interviewed him. Ile was out of town at the time and stated that he would provide a written notarized statement. Mr. Huber has been a resident homeowner of 191 Delaware Avenue for approximately 15 months. His home is located with in the contiguous set of row houses, collectively knows as "The Midway ". This encompasses the Stillwater Night Club, and is located to the north of it. Since day one of the nightclub opening he has had trouble with the patrons, including public urination, drug exchanges /use, drink cups and bottles askew, obnoxious loud music from the patrons vehicles, several fights, loss of private parking use, broken glass and litter. PBS CONSULTANTS, INC. 26 Schroder- Issues Stillwater Restaurant and Nightclub On many occasions, usually once or twice a week, he has had difficulty going to or remaining asleep due to the music being played inside of the Stillwater. He has succumbed to sleeping with ear plugs and on extremely loud night uses prescription sleeping aids. On many occasions, he has called 911 to report excessive noise and fighting. He stated that the quality of his life has been severely and negatively affected as a result of the noise. BUFFALO POLICE DEPARTMENT: Detective Kotter Main and Tupper Street Buffalo, New York On several occasions I had been contacted by Detective Kotter of the Buffalo Police Department regarding the above matter. Jonnie had reported the incident and became aware that I was at the location on investigation from another party that was involved, On 11115109,1 was told by Detective Kotter that he had enough evidence to make arrest on Chris, and he believed his real name to be Devon Jones. NEW YORK STATE LIQUOR AUTHORITY: Sara Nugent Investigative Aide According to Ms. Nugent, of the State Liquor Authority, `Bouncers are required to be registered /trained as Security Officers. She sent to me evidence of two incidents, dated 10/5/06 and 1/10/07, in which the State of New York Executive Department, Division of Alcoholic Beverage Control rejected the Iicenses of business as a result of them employing unlicensed bouncers and for disorderly premises. PBS CONSULTANTS, INC. 27 Schroder- Issues Stillwater Restaurant and Nightclub NEW YORK STATE ASSEMBLY: New York law requires bouncers to be licensed security_offigm Bouncers are now requiring establishments to have bouncers submit to fingerprints, bouncers cannot be felons, and background checks are to be conducted. Michele Barone 479 Delaware Avenue, Apartment 4 Buffalo, New York Each time that I attempted to obtain a statement from Ms. Barone she told me that she would gladly do so, but was busy at the time. She reportedly had trouble with noise; in her apartment for sometime. I understand that Ms. Barone is moving out of the building by January 2010. INVESTIGATOR COMMENTS: Stillwater Restaurant and Nightclub is in direct violation of the New York Sate Law, which requires that bouncers be licensed security officers. Law enforcement officers throughout the state are empowered to enforce this law. Throughout my investigation at the location of Stillwater the rear door was propped open, loud music was emanating from the building, as per the bouncers of that location they were not security officers, there are no visible installed security cameras, all of which are not in accordance with the conditions placed upon the permit issued to Stillwater to operate at that location. Lori E. Francisco- McVicar Senior Investigator PBS CONSULTANTS, INC. 29 Index To Exhibits To For Stillwater Undercover Investigative Report Commissioned By Area Residents. Exhibit I - Kathleen Gabel statement Exhibit 2 — Joseph Ira Statement Exhibit 3 -- Nympha Montague Statement Exhibit 4 — Seana Murphy Statement Exhibit S — Ginger Schroder Statement Exhibit G — KimKits Sound Report Exhibit 7 — Assembly Bill relating to Security Guards at bars Exhibit 8 — Division of Alcoholic Beverage Control SLA Orders Exhibit 9 — City of Buffalo Noise Ord inance Exhibit 1.0 — Stillwater Liquor License Exhibit I l — Katy Gabel e -mail Exhibit 12 — NYS Liquor Authority Rule regarding bouncers and requirement of registration /training as Security Guards Exhibit 13 — I.,etter to Buffalo Police Department Headquarters regarding production of calls to 911 regarding the Stillwater Restaurant. Exhibit 14 — Joe Saccone Statement Exhibit I DATE: /D 9 TIME: FLACE: f ' PAGE OF Z DATE: 10119lo4 TIME: v PLACE: PAGE Z- OF Z Exhibit 2 DATE: TIME: PLACE: zj , 7 y W I PAGE ./ OF�,_ DATE: TIME: PLACE: PAGE _ OF 2-- Exhibit 3 DATE: /D zv f Z a 9 PAGE / OF � TIME: PLACE: 'HDVIICI �awll —t- 40 -� 99VCT :glvc - 7 1 //- 4�71 Exhibit 4 DATE: PAGE / OF TIME: PLACE: -Yal , �f �r 1 7 NYV X Exhibit 5 10/28/09 766 Ellicott Street Buffalo, New York My name is Ginger Schroeder. I reside at 497 Delaware Avenue, Buffalo, New York. I have lived here since March 1, 2003. When I first moved in it what is now the Stillwater was Lord Chumley's Restaurant, which generally closed around 10:00 PM at night, and it was not a Nightclub. The Stillwater was purchased by William Goodhue, approximately in 2006 or 2007. I learned that Tom Corey, the owner of Lord Chumley's and the associated buildings had sold the five contiguous properties to William Goodhue of Stillwater Holdings, LLC. I met with Mr. Goodhue prior to his opening of a restaurant at Delaware Avenue wherein he discussed his plans for development of a restaurant enterprise to be known as the Stillwater. He described in great detail his plans for a family oriented restaurant. His vision was that he would develop a strong base of repeat business serving high quality reasonably priced food where patrons would want to return again and again, due to the atmosphere and the fact that they would be well known and recognized by the wait staff who would know patrons by name. It sounded like an excellent enterprise. I was very interested in having Mr. Goodhue succeed. The establishment at Delaware did open as a restaurant and Mr. Goodhue's application for a liquor permit to the New York State Liquor Authority made representations that were in keeping with his conversation with me. (A high quality restaurant set in a historic building) After about year or so of operations it seemed that the restaurant was not flourishing. Mr. Goodhue claimed that the inability to serve patrons in an outside patio setting was the reason that the business was not doing as well as expected. The residents surrounding the Stillwater restaurant find out quite by accident of his patio plans in that he had made an application to the Conunon Council to build a enormous outdoor patio. The residents opposed the building of the patio. This opposition occurred over an extensive period of time and cost the residents a significant amount of money in mounting the opposition. One of the reasons the residents opposed the building of the patio was because the Stillwater Restaurant had morphed from a restaurant only to a restaurant bar /night club in the months prior to the patio application. The weekend evening hours and early morning hours had been noise filled disturbing the surrounding residents' quiet enjoyment of their own properties. The group of residents were successful in opposing Stillwater's application for the patio expansion. However„ they were subsequently approached by Council Member Brian Davis relative to certain additional applications the Stillwater was making to the Common Council to obtain the licenses it should have had prior and still needed on a going forward basis to operate in its new format. (Restaurant /Bar/Night Club). E -mails were exchanged and communications between myself and Mr. Davis asking /receiving the residents' input on what kind of conditions should be placed on the various licenses sought by the Stillwater's license applications. On 10/23/2008, I sent an e -mail to Council Member Davis responding to an earlier e -mail of his, suggesting certain conditions for the grant of the license. His e -mail stated the following: "Ginger Unfortunately any 6:00 meeting ran much longer than anticipated. Therefore, I was unable to snake it to the Allentown meeting at TOY! I hope it was very productive and please keep me informed of fixture meetings that you may think will be a good idea to attend. Additionally, just wanted to thank you again for the lunch meeting and I look forward to working together on future, positive endeavors in and around the Allentown community. Finally, below is the listing of conditions that will be placed on the Stillwater's Restaurant /Dance License. If there are other suggestions that you and the other neighbors may think are appropriate, feel. free to let me know. -No co- mingling of patrons (no one under the age of 21 permitted after 11:00pm unless employed) -No plastic banners or sign age displayed on exterior of premise between 7:OOarn 9:00pm -If graffiti exist on exterior of establishment, it must be removed within 72 hours upon notification - Exterior of premise must be cleaned of debris by 7:OOain each day after establishment is open for operation. This shall include. entire curb line of property -There shall be no transfer of license to any other individual without going through entire process over again" I responded: "Councilmember Davis, as per your request for input into the potential conditions on the Stillwater's restaurant /dance license in addition to the ones normally imposed that you noted, the neighbors have weighed in the following options for consideration by the Common Council: Normal -No co- mingling of patrons (no one under the age of 21 permitted after 11:OOpm unless employed) -No plastic banners or signage displayed on exterior of premise between 7:00am - 9:OOpm -If graffiti exist on exterior of establishment, it must be removed within 72 hours upon notification - Exterior of premise must be cleaned of debris by 7:00am each day after establishment is open for operation. This shall include entire curb line of property -There shall be no transfer of license to any other individual without going through entire process over again (license does not run with the business or the land) P) Some other neighbor suggestions: - Explicit condition that the Stillwater will provide security at each exit and that they will enforce a policy that does not permit removal from the premises of alcoholic beverages. -That the Stillwater come current with their arrearage tax debt to the City of Buffalo before being granted any license. -No loitering outside the premises front or back for the purpose of drinking or smoking especially z crowds in the parking lot behind the building. - Prompt business response to complaints from the neighbors or police of excessively loud music, unruly patrons or loitering. (Perhaps something with teeth or a written procedure ?) -No propped open doors. Also, as I understand it from the proceedings at the legislative meeting, a new license application will be submitted that ren -oyes all the confusing and contradictory language about the patio (or "extended use dining ") as per the comments made by President Franczyk and no building permit will be attached to that application. Please feel free to contact me about any of the above. I am out of the office tomorrow but will be back in all day on Monday. Thank you as well to the other Common Council members copied herein for your diligence and support." The Stillwater was granted licenses that reflected a large majority of the suggestions. Critical to the residents was the issue of no "propped open doors" and they very much liked the condition that was ultimately placed on the Stillwater regarding the additionally requirement of security at the entrance /exits and the installation of security cameras. I have attached a copy of the above referenced e -mails to this affidavit under Exhibit Tab A. Suffice it to say that in the year since the subject licenses were issued to the Stillwater restaurant /nightclul a number of these. conditions have been repeatedly violated. The noise that emanates from the Stillwater of various Thursdays, Fridays and Saturdays is excessive and in addition to the impact it has had on the othex residents, my family has been impacted as well. During good weather months, having the windows open in our bedroom oil nights that the Stillwater is operating its nightclub is an impossibility. Often the shutting of windows is not even sufficient to block thf loud thumping music that emanates from the Stillwater on such nights. We were required to purchase a white noise machine for our bedroom in order to be able to sleep through the noise at night. On late night walks of my dogs around the block on the nights that the Stillwater is operating as a nightclub, I routinely observe the doors propped open with music and loud thumping emanating to the outside where it can be heard many properties away. I also routinely observe patrons outside of the establishment talking in grout often loudly, sometimes smoking, and often handling what appears to be alcoholic beverages, including actual beer bottles. I have attached hereto under Exhibit Tab B, a copy of a letter I recently wrote to the Common Council notifying it that the residents intend to oppose the renewal of licenses to the Stillwater based on the Stillwater's non compliance with required conditions expressly stated on the licenses themselves. I have read the above statement consisting of four (4) pages, it is the truth to the best of any knowledge. Dated: October 28, 2009 Ginger D. Schroder Notary Public: E ©RI E.MeVICRR Mary Public, Stele of NawYor No,01MC$129787 Qualified in Eris County my Commission Expires July 5, 20 Lori WVicar 4 EXHIBIT A Ginger Schroder From: Ginger Schroder Sent: Wednesday, October 22, 2008 12:38 PM To: 'Councilmember Davis` Cc: Ginger Schroder Subject: RE: Allentown Meeting at TOY Thank you. I did not stay long myself as I had another engagement at 7 pm last night but it seemed nice and well attended... Thank you for lunch as well. I believe it was productive. I will pass along these to the neighbors and solicit input. Ginger D. Schroder Schroder, Joseph & Associates, LLP THE FIRM OF SCHRODER, JOSEPH AND ASSOCIATES, LLP HAS STATE AND FEDERAL CERTIFICATION AS A WBE 766 Ellicott Street Buffalo, New York 14203 (716) 881-4901 (Direct) (716) 881 -4900 (Main) (716) 881 -4909 (Fax) (716) 863 -4000 (Mobile) gschroder @sjalegal.cora Paralegal Elizabeth Hastie can be reached at 716 - 881 -4925 and Paralegal Crystal I {rzyzaniak can be reached at 116- 881 --4502 - - -- Original Message ----- From: Councilmember_ Davis [ maiito :brdavis @ch.ci.buffa1.o.ny.usj Sent: Wednesday, October 22, 2008 5:09 AM To: Ginger Schroder Subject: Allentown Meeting, at TOY Ginger: Unfortunately my 6:00 meeting ran much longer than anticipated. Therefore, I was unable to make it to the Allentown meeting at TOY! I hope it was very productive and please keep me. informed of future meetings that you may think will be a good idea to attend. Additionally, just wanted to thank you again for the lunch meeting and I Look forward to working together on future, positive endeavors in and around the Allentown community. finally, below is the listing of conditions that will be placed on the Stillwater's Restaurant /Dance License. If there are other suggestions that you and the other neighbors may think are appropriate, feel_ free to let we know. -No co- mingling of patrons (no one under the age of 21 permitted after l] -:OOpm unless employed) -No plastic banners or sign age displayed on exterior of premise between 7 :00am 9:00pm -If graffiti exist on exterior of establishment, it must be removed within 72 hours upon notification - Exterior of premise must be cleaned of debris by 7:00am each day after establishment is open for operation. This shall include entire curb line of property -There shall be no transfer of license to any other individual without going through entire process over again Sent via CBNS Mobile Communications - Blackberry 1 Ginger Schrader From: Ginger Schroder Sent: Thursday, October 23, 2008 5:04 PM To: 'Councilmember Davis' Cc: 'Councilmember Golombek'; 'd a rive ra@city-buffalo. corn'; 'dfranczyk @city- buffalo.com'; Imlocurto @city- buffalo.com'; 'rfontana @city- buffalo.com'; Ginger Schroder Subject: Conditions for the Stillwater's Restuarant/Dance License Councilmember Davis, as per your request for input into the potential conditions on the Stillwater`s restaurant /dance license in addition to the ones normally imposed that you noted, the neighbors have weighed in the following options for consideration by the Common Council: Normal -No co- mingling of patrons (no one under the age of 21 permitted after 11:00pm unless employed) -No plastic banners or signage displayed on exterior of premise between 7:00am - 9:00pm --If graffiti exist on exterior of establishment, it must be removed within 72 hours upon notification -Exterior of premise must be cleaned of debris by 7:00am each day after establishment is open for operation. This shall include entire curb line of property - There shall be no transfer of license to any other individual without going through entire process over again (license does not run with the business or the land) Some other neighbor suggestions: -- Explicit condition that the Stillwater will provide security at each exit and that they will enforce a policy that does not permit removal from the premises of alcoholic beverages. -That the Stillwater come current with their arrearage tax debt to the City of Buffalo before being granted any license. -No loitering outside the premises front or back for the purpose of drinking or smoking especially no crowds in the parking lot behind the building. - Prompt business response to complaints from the neighbors or police of excessively loud music, unruly patrons or loitering. (Perhaps something with teeth or a written procedure ?) --No propped open doors. Also, as 1 understand it from the proceedings at the legislative meeting, a new license application will be submitted that removes all the confusing and contradictory language about the patio (or "extended use dining ") as per the comments made by President Franczyk and no building permit will be attached to that application. Please feel free to contact me about any of the above. I am out of the office tomorrow but will be back in all day on Monday. Thank you as well to the other Common Council_ members copied herein for your diligence and support. Ginger_ D. Schr6der Schroder, Joseph & Associates, LLP THE FIRM OF SCHRODER, JOSEPH AND ASSOCIATES, LLP HAS STATE AND FEDERAL CERTIFICA'T'ION AS A WERE 766 Ellicott Street Buffalo, New York 14203 (716) 881 -4901 (Direct) (716) 881 -4900 (Main) (716) 881 -4909 (Fax) (716) 8634000 (Mobile) gschroder@sjalegal.com Paralegal Elizabeth Hastie can be reached at 716 - 881---4925 and Paralegal Crystal Krzyzaniak can be reached at '116-881-4502 IRS CIRCULAR 230 DISCLOSI3RE: To ensure compliance with Treasury Department regulations, we inform you that to the extent that this message contains any U.S. federal tax advice (.including any attachments unless otherwise expressly stated therein), this advice is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code. Except with the express prior written consent of Schroder, Joseph & Associates, LLP ( "SJA") no portion of this electronic correspondence (including any attachments hereto) may be used in connection with the promotion, marketing or recommendation to another party 1 of any transaction or matter addressed herein as relates or may relate i.n any way to any tj,.S_ federal ta_x advice. The foregoing disclosure is intended to comply with the requirements of IRS Circular. 230, and is not meant to imply that tax advice is being - rendered by SJA by this communication. S,1A does not render tax advice except when we have been specifically engaged to do so. The information contained in this transmission intended only for the use of the individual or message is not the intended recipient, you are distribution, or copying of this communication communication in error, please notify us immed and delete the message. Thank You. is legally privileged and confidential, entity named above. If the reader of this hereby notified that any dissemination, is strictly prohibited. If you receive this iately by telephone call to (736} 881 --4900 PA 0 i i� A ., q 11 HUL11'IQllL LITIGATION BASEL) I'RACTICG October 23, 2009 Dear President Franczyk and Members of the Common Council: As you know, in addition to being a resident of the Midway (Row Houses on Delaware Avenue between Allen and Virginia), I also represented a group of neighborhood residents more than one year ago relative to the issuance of certain licenses and permits for the Stillwater Nightclub and Restaurant, a business establishment in the Midway (481 - 483 Delaware Avenue). The residents were successful in opposing the proposed issuance of a permit for a large outdoor patio. Subsequently, the issue was raised as to various permits necessary to run the already existing Nightclub and Restaurant. Ultimately, the Stillwater was granted the permits it was seeking with input from the residents as to the conditions that should be placed upon such permits with a condition that the permits be subject to review and renewal every year. The Licenses at Issue My understanding is that while one permit has recently been renewed, two others are currently yip for review, including the Sti llwater's Restaurant and Dance License permit. I would like to give advance notice to the Common Council that the same group of residents will be opposing the renewal of those permits on the grounds that the Stillwater Nightclub has not operated in accordance with the express conditions placed upon the original permit in the first instance. } xcerpts from the Common. Council proceedings October 28, 2005 reveal the following: * A communication from the Department of Economic Development, Permit and Inspections Services, dated October 23, 2008, was received and filed. * further, pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services was authorized to grant a Restaurant Dancing Class III License to Willianr It. Goodhue dlbla Stillwater Grille, LL.0 located at 483 Delaware Avenue, with the followin conditions 766 Ellicott Street Buffalo, NY 14203 �,� Tel: (716) 881 -4900 fax: (716) 881 - 4909 www.sjalegal-corn o The licensee shall provide security at each of its exits and said security will enforce a policy that does not permit removal of alcoholic beverages from the interior of the premises; o That the licensee enforce a policy that there be no loitering outside of the premises, in front of or behind the premises for the purposes of drinking; o That the licensee keep the parking lot behind the building free and clear of individuals drinking; o That the licensee promptly respond to any and all complaints from the neighbors and/or police of excessively loud music, unruly patrons or people loitering; o That the licensee shall keep all entryway and exit doors closed and that no, doors be propped, hinged or kept open; o Security cameras will be installed for review as necessary; o License will be subjected to review before renewal is required, Private Investigators The neighborhood group has again retained the services of private investigators to document that the Stillwater has been in non - compliance with express conditions noted above and we are prepared to share that evidence with the Common Council at the appropriate juncture in considering a renewal of said licenses. Securi The Stillwater has provided security at the exits and entrances of the establislunent. flowever, those security men are not proper security personnel as required by law. Those security personnel have also turned a blind eye to violence and misconduct oil the premises, including but not limited to violence occurring botween two Stillwater patrons in the back parking lot of the Stillwater due to (according to the security officers) racial issues, which was captured on our undercover video. Under the law, the security hired by the Stillwater roust be licensed and trained pursuant to the Rules and Regulations of the New York State Liquor Authority. These security personnel have confirmed to our investigator that they hold no such licenses and that they have not been so trained. Furthermore, Stillwater security permits patrons to leave the premises with alcohol and permits loitering in the front and the rear of•the premises. Crnplaints We have requested that the Buffalo police forward to your offices the complaint records for 481 -183 Delaware, We were only permitted to ask the Butfalo police for call records for one address, which we did. However, I ani informed by certain residents that cornp.laints were made where the caller identified the properties complained of simply as the "Stillwater or similar suet) ))ame or for another address suet) as 487 or 489. It is our belief that the police have not been totally responsive to such calls for whatever address has been complained of and we have watched police cars pull up only to pull away without the officer leaving the car, or that the noise and other problems are addressed by the police but that as soon as the police leave, the problem resurfaces, Clearly, there have been incidents of unruly patrons, and the police have been called for such instances. I n „ Doers Propped Open ...,..,. -- This has been a significant problem and has added to the noise and duality of life concerns for residents. Despite the mandate in the license that doors cannot be propped open, such are regularly prepped open and we have documentation that the Stillwater is in violation of this condition often, and, as a result, noise from the Stillwater premises can be heard far down the street from the Stillwater and across the resident's property lines. Further, we note that the City Charter prohibits such unreasonable noise under § 293 -4: Specific acts constituting unreasonable noise. The following acts and the causes thereof are declared to be in violation of this chapter and to constitute unreasonable noise: ..—R The use of any sound - reproduction device inside a structure in such a manner as to result in the sound or any part thereof from such apparatus to be projected therefrom outside of the structure or out of doors at any time within the .residential areas or during night hour's in the commercial areas whereby the .sound can he audibly heard more than one hundred (100) feet from the real pr- ©per•ty boundary line from which the noise emanates. Sound which crosses any real property boundary shall be deemed o be projected within the rneanin of this chapter. Nothing within Subsections A and B herein shall be construed to prevent the operation of any such apparatus by any person within any building or structure, provided that the sound therefrom or any part thereof is not projected outside of any building or out of dorms, or to prohibit the use of any apparatus with a personal earphone so that the soured therefrom or any part thereof is not audible to persons other than the user of the earphone. Security Cameras One of the reasons that the Stillwater was required by the Common Council to install security cameras was for the purpose of being able: to document their compliance with the. requirements of the permit and so that the residents would not have to engage costly private investigator services again, as we did the last time, to prove the Stillwater's non - compliance. We are informed that, in fact, there are no such installed security cameras (by the security personnel at the Stillwater) and a simple revicw of the area does not reveal any such installed cameras. Back Due Taxes and Foreclosure Furthermore, the troublesome question of back due City of Buffalo taxes is still an issue. Much was made of this issue in the proccedings over one year ago. The properties for 481 -489 Delaware are combined for tax purposes as noted in the Common Council proceedings and, from what we can tell, in City records. The attorney for the Stillwater promised that all back taxes would be paid during the course of last year's proceedings. That has not occurred. Taxes in the amount of $29,541.68 for both 2008 and 2009 are owed for the property that the Nightclub Restaurant and Bar are located in. A portion of the Nightclub Restaurant and Bar are located in 487 Delaware Avenue, which has not paid taxes for 2007, 2008 and 2009, and is set to go to a foreclosure sale next week (487 -489 Delaware Avenue). The taxes due on these properties are approximately $61, 20128. Conclusion. The residents are ready to move forward with their opposition to the re- issuance of Stillwater licenses and hope that these Honorable Common Council Members will notify the undersigned what the next step is, in this process. Thank you very much. Very T Yours, Ginger D. Schroder (716) 881 -4901 gspbr der cr sjalegal.co�n cc: Resident Committee Members Pat Sole, Supervisor of Licenses Brian C. Davis - Ellicott District Richard A. Fontana - Majority Leader, Lovejoy District David A, Franczyk - Council President, Fillmore District Joseph Golombek, Jr. - North District Micheal P. Kearns President Pro Tempore, South District Michael J. L - Delaware District David A. Rivera - Niagara District Bonnie E. Russell - University District Demone A. Smith - Masten District Exhibit 6 IMKITS Industrial Design & Fabrication A.O. Box 158 Hamburg, N.Y. 14075 -0158 Tel: 716- 549 -9570 Fax: 715- 649 -3873 e -mail: kim @kimkits.com website: www.kimkits.com 10/2412009 Evaluation of Complaints of Excessive Noise occurring at page l of 2 Stillwater (Club) 483 Delaware Ave., Buffalo, N.Y. 14202 All noise level readings were recorded by a Quest Model 2700 sound level meter with a Quest Model OB -50 Octave Filter Set as per requirements set forth in the City of Buffalo Noise Ordinance. Instrumentation was calibrated prior to readings. Readings taken were db linear with slow response. Octave Band readings were taken at 3 locations on 10/10/2009 and 10/22/2009. Location A: 491 Delaware Ave., third building North of the club 4` floor bedroom: 9 feet from East wall, 3 feet from South wall._ 4 feet from floor Location B: 479 Delaware Ave., second building South of the club Stairway between 2 and 3 floors: 3 feet from South wall, 5 feet from center stair tread Location C: 479 Delaware Ave., second Building South of the club Center point of 1" floor main foyer with both exterior doors closed, 4 feet from floor Readin were taken up to the 1000 Hz Octave Band. Higher frequencies were deemed to be irrelevant since the complaints occurred at the lower frequencies. As higher frequencies loose power over short distances due to short wavelengths, it was no surprise that the resulting offending noise occurred within the 125 Hz octave band since multiple layers of walls constructed of wood, mortar, lathe, and plaster were a sufficient barrier to the higher frequencies and associated harmonics, The resulting offending noise was a monotone thumping. As the noise levels of the club were found to change every 10 to 20 minutes, it would not be economically feasible to record maximum rcadin�s for 2 fu11 nights at 3 locations. Nevertheless, noise �h ? a: c Ilan c°�nj'c,. ,,,.., C u U ar use,. -a N ac C d� ;i 293 -5.A. of the City of Buffalo Noise Ordinance. Location A had a change of 6.4 db linear Location B had a change of 10 db linear. There were no other generators of noise at this octave band at the time of the readings. In addition, while walking past the outside front of the club on 10/22/2009 at 12:50 a.m., one club front window exhibited loud rattling due to the structural noise created by the low frequency noise inside of the club. There were no other generators of noise at this octave band at that time. IM KITSign & Fabrication Ro. Box 158 Hamburg, N.Y. 14075 -0158 Tel, 716 -649 -9570 Fax: 716- 649 -3873 e -mail: kim @kimkits.com website: www.kimkits.com 10/24/2009 Evaluation of Complaints of Excessive Noise occurring at page 2 of 2 Stillwater (Club) 483 Delaware Ave., Buffalo. N.Y. 14202 Sound Level Readings: db Linear / slow response Octave Band 31.5 Hz 63 Hz 125 Hz 500 Hz 1000 Hz Location A Location A Location B Location B Location C Location C 10/10/2009 10/2212009 1€/10 /2009 10/22/2009 10/10/2099 10, 12:06 a.m. 1 :12 a-m. 12:53 a.m. 12:21 a.m. 1:15 a.m. 12:45 a.m. 50.4 49.3 45.1 45.2 50.2 51.3 50.2 44 44 44 61.8 61.9 40.4 34 31.6 31.8 36.8 47 29.9 29.9 29.9 29.9 29.9 29.9 30.0 29.9 1 29.9 29.9 1 29.9 29.9 Location A: 491 Delaware Ave., third building North of the club 4` floor bedroom: 9 feet from East wall, 3 feet from South wall, 4 feet from floor Location B: 479 Delaware Ave., second building South of the club Stairway between 2 nd and 3` floors: 3 feet from South wall, 5 feet from center stair tread Location C: 479 Delaware Ave., second building South of the club Center point of I" floor main foyer with both exterior doors closed, 4 feet from floor Exhibit 7 Bills A02515 Summary: Page I of 3 R No A02515A Se',M AS No sa'I;e as SPCNSOR Ortiz rKsS CCSE:NSR Fields, Arroyo, Rivera P, -spa twat ML:'5?iGSR Colton, Greene, Mayersohn T0,d SS3, 106 & li, ABC L Requ_res awl zeta _ establishments for pr- remises co:sumption employing ore or _,..,re persons as bouncers to regtF':re such persons to submit £inaerprints. A02515 Actions: 2 +0 5G2515A 01/16/2009 reFarred to economic develcr -Ment 06/18/2C09 amend (t) and recommit to economic dove o� ent 06/_8/2009 print number 2515a A02515 Votes: A02515 Memo: S iLL N1MPE6c; r-2515 . TZTTIy CF BILL. An act to a end &_ccholic beverage ontrol law, in relation to .._im history ir.tex ga c i n rcr persons emplcved as bounc- ..rs at all retail establishments for en- p=enises corss,;mnticn and -n relation to the 1- and training of bouncers http: / /assembly.state.nv.us /lea/ ?bn =A 02515 1 012712009 Tuesday, October 27, 2009 Summary - A02515 Back; New York State Bill Search I Assembly Home See Text Bills Page 2 of 3 Purpose or general idea of the b_ 1 1 io mandate that bouncers, people ac._n,c in that capac °it y, s bT;iw to a background irvesti: tics and a __a .._-:g - rogram. Summary cf specific provisions: Section,lOE of the alcoholic beverage law is amended by adding a new subd'jvisipr 1.8. Subdivision 18 scales that all retail licensees for on premises consumption that empwoy one or more bouncers s: require a bcunccr to submit a set pf fingerprints in order to obtain criminal ;aistory information. They shall also req::est a statement ,.f a prospective bouncer's prior criminal convictions. The licensee shall receive a signed Informed consent of the prospective bcurcer on a form supplied by the division of criminal rst?ce services. The for^ will .nd_cate that the asp ective bouncer has been informed of the right and procedures necessary to cbtai ^, review and seek correction of his or her criminal history _nfcrmat:cn, and consented to the requ est. Section 17 of the al =holic beverage law _- a -ended by adding two -ewe subdivisions 11 and 16. Subdivision 15 states that t;:e state _ oacr authority shall prepare and disseminate infor::nation to advise licensees of on- premises ccnsuT,ption retail establisv;.ents cf the reauiremert to obtain the cr urinal history ir.£ormation of a prospective 'bounce:. Subdivision 16 states that each prospective bouncer takes a training course wrier to any ez;ploymert as a bouncer. Snch training shall _..c_ude dentif_caticr. procedures and other tanks deemed necessary by the state _wgaor authority. -he alecinolic beverage control law _s amer.ded by adding a new article tree stating that on or after six months fcl' -owino the effective date of this art-'c-e, only a person licensed pursuant to t: ".ls article s:: ^.al= be em;�::oyed as a bouncer. To qualify for a license, an applicant shall fulfill the f ocing criteria; file an app lication with the arther'_ty, submit a set of firaerprints to the authority, submit a list of all crimina'_ convictions, complete a training program. Law enforcerent officexs throughout the state are empowered to en,' re his law. They may request any haunter to produce his or her license Any bouncer ,, fails to do so when reques`.ed sham be subject -o a _ ne of no more than thirty -five hundred dollars and or a term of imp- -ison- r.er.^ .. exceed''_ ^.g one year. Justificat : his law was ,•ritten in no7= of Christopher O'Connor, who diecu outside a NYC 'nar after a ccr.`rc ^. ation wit.. bouncers of that bar. The bar had numerous suits brought against its bouncers by other patrons :'ho alleged that they Were assaulted by the bouncers. C'Cornor's case was never solved, ant the other suits remain pending. Cases like Christopher's, as well as .:amorous others that took place ir bars in pew York State, brought attention to the importance of mcre extensive regula__cr of bouncers. They also s_ ^owed t::e need _or bac -k- grornd checks on prospective bouncers to ensure that there was no h ry of violent Z! -me. The provision of adequate training and lice nsing of bouncers should ensure that cases like Christopher's do not ccc',;r again. T:is law has worked well in cour.tries like the Reoublic cf 1reland and t11e United http: / /assembly.state.ny.us; leg / ?bn =A02515 10/27/2009 Bills Kingdom Prix. ie s1G =_ae h'_storV: 2005 - A.111i7 -a. Beterence. Cha ued to Codes, 200712008 - A5034 - re_'erxed to Econcm, c 2evelper:ent 2CCS /2069- A2515- referred tc Eccncs,ic Deve_ocment Financial mplicatic ^s: Unknown EffeC�- -ve date: One hundred and twenty cans Liter it shall ha::L ;e a maw Contact Webmaster Page dispic sv time = 0 0243 sec Page 3 of 3 http: / /assembly.state,ny.us /leg, ?bn= AO2515 10/27/2009 Exhibit 8 4,% 1 1 STATE OF NEW PORK EXECUTIVE DEPARTMENT ' DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AI;THORITY W S. Swan street 3; 71,cnox Avmc 125 Main Strcet Altanv, New York l2210 Ncw York, Now York 10027 Bufi'a�o,N'e York l4„-03 IN REPLYING REFER TO Albany MEDIA ADVISORY For Immediate Release January 10, 2007 Contact: Bill Crowley (518) 486 -4767 PressOfflce &bc state.nv.0 s SLA ORDERS EMERGENCY SUSPENSION FOR SPIRIT SLA Board Rejects S100,004 Offer, Suspends License NEW YORK — (January 10, 2007) The New York State Liquor Authority (SLA) summarily suspended the license of Spirit New York LLC. at 530 542 West 27` Street, doing business as Spirit, The suspension was ordered by the Members of the State Liquor Authority, Chairman Daniel B. Boyle, Commissioner Lawrence J. Gedda, and Commissioner Noreen Healey at the Pull Board meeting on Wednesday. January 10, 2007. The SLA received numerous police referrals dating back to April 2004. Charges leveled against Spirit include several assaults, stabbings, hiring of unlicensed bouncers, excessive noise violations, underage sales, drug sales and use, failure to maintain supervision, health and building code violations as well as possessing bottles of liquor infested with fruit flies. Lawyers for the nightclub, which has become a focus of police attention, offered to pay a $100,000 fine with a six month suspension to settle the charges. Determining the barposed an imminent threat to the public, the Members of the Authority rejected the offer and voted unanimously for an emergency suspension of the license, Effective immediately, no alcohol may UC JC14Gd Ul L'UIISL111'1CCl on diL' 2Ci Yll�S:�. The motion to summarily suspend the license was made by Chairman Boyle after reviewing the offer to settle. Upon his review, the Chairman noted, "This is one of the worst places I've seen in operation since I've been on the Board. To consider a fine to resolve this would be inappropriate." Chairman Boyle immediately requested that Commissioners Gedda and Healey support the summary suspension, Spirit was previously fined 51,000 by the SLA on October 12, 2005 for disorderly premises due to an unruly crowd directly outside the premises and for failure to provide supervision. The club was recently closed under court order as a result of the New fork Police Departments Nuisance Abatement litigation. However, under a subsequent agreement, Spirit was permitted to remain open one day per week with a 1 Ali closing time. "This club is clearly out of control," State Liquor Authority Chief Executive Officer, Joshua B. Toas said. "People have a right to go out without being subject to this type of mayhem, p arents have a right to know their kids aren't being served alcohol and city residents have ' a right to a decent nights sleep. The Members of the State Liquor Authority have shown again this type of behavior by licensees will not be tolerated." The State Administrative Procedure Act authorizes a State agency to summarily suspend a license when the agency finds that public health, safety, or welfare imperatively requires emergency action. When the SLA summarily suspends a liquor license, it also serves upon the licensee a notice of Pleading alleging one or more disciplinary violations. In involving a summary suspension, the SLA has deemed the violation(s), considering each licensee's disciplinary history, to be sufficiently serious upon initial review to warrant an immediate suspension. The SLA's decision to summarily suspend a license is not a final determination on the merits of the case. The licensee is entitled to an expedited hearing before an administrative law judge to address the alleged violation(s) that led to the suspension. An order of summary suspension remains in effect until such time as it is modified by the State Liquor Authority or a reviewing Court. The State Liquor Authority regulates and controls the manufacture, sale and distribution of alcoholic beverages within the State. The Authority works with local law enforcement agencies and localities across the State to ensure compliance with the Alcoholic Beverage Control Law, In addition, the Authority issues and renews licenses and permits to manufacturers, distributors, wholesalers and retailers of alcoholic beverages. On the Web: www.abc.state.nv.us 44# ° STATE OF NEW YORK EXECUTIVE DEPARTMENT ^ a DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY SO S. Swan Street 317 Lenox Avenue 125 Main Sirect Albany, NNx York 12210 ?vcw York, Nen York 14027 But7alo,New York 14293 1N REPLYLNG REFER TO Albany MEDIA ADVISORY For Immediate Release October 5, 2006 Contact: Bill Crowley (518) 486 -4767 PressOff i cenabc, state.nv. us LIQUOR AUTHORITY SUSPENDS LOCKER ROOM'S LICENSE Repeated Sales to Minors Prompts Summary Suspension WESTCHESTER — (October S, 2006) The New York State Liquor Authority (SLA) summarily suspended the license of The Locker Room Inc at 1628 North Avenue in New Rochelle. The suspension was ordered by the Members of the State Liquor Authority, Chairman Daniel B. Boyle, Commissioner Lawrence J. Gedda, and Commissioner Noreen Healey at the full board meeting on Wednesday, October 4, 2006. The SLA received a referral from a joint inspection of the bar by New Rochelle Police, Fire Department. Department of .Buildings and the Westchester County Department of Health conducted on September 15, 2006, Based on the report, the bar was charged with selling alcohol to underage patrons, employing; unlicensed bouncers, improper use of a trade name, and for disorderly premises. The Members of the Authority also considered prior violations at The Locker Room. Since March of 2003, the bar had been cited by the SLA numerous times for underage sales. Most recently on April 12. 2006, the Members of the SLA imposed a 30 day suspension and a vv 1y v dhc i:ur })uac+1 uu ii;1i11uic;li dtic l its the public and voted to summarily suspend the license. Effective immediately, no alcohol can be served or consumed on the premises. "The Members of the State Liquor Authority sent a clear message today that rcpcatcd violations of the ABC Law will not be tolerated," State Liquor Authority Chief Executive Officer, Joshua B. Toas said, "Bar owners who serve minors and do not follow the law will lose the privilege of holding a liquor license." The State Administrative Procedure Act authorizes a State agency to summarily suspend a license when the agency finds that public health, safety, or welfare imperatively requires emergency action. When the SLA summarily suspends a liquor license, it also serves upon. the licensee a Notice of Pleading alleging one or more disciplinary violations. In invoking a summary suspension, the SLA has deemed the violations ), considering each licensee's disciplinary history, to be sufficiently serious upon initial review to warrant an immediate suspension. The SLA's decision to summarily suspend a license is not a final determination on the merits of the ease. The licensee is entitled to an expedited hearing before an administrative law judge to address the alleged violation(s) that led to the suspension. An order of summary suspension retrains in effect until such time as it is modified by the State Liquor Authority or a reviewing Court. The State Liquor Authority regulates and controls the manufacture, sale and distribution of alcoholic beverages within the State. The .Authority works with local law enforcement agencies and localities across the State to ensure compliance with the Alcoholic Beverage Control Law. In addition, the Authority issues and renews licenses and permits to manufacturers, distributors, wholesalers and retailers of alcoholic beverages. On the Web: www.abc.state.nv.us Exhibit 9 NPC Law Library: Buffalo, New York Noise Ordinance Pa 1 of 5 Buffalo, New York Chapter 293 NOISE § 293 -1. Findings; intent. § 293 -2. Definitions. § 293 -3. Unreasonable noise prohibited. § 293 -4. Specific acts constituting unreasonable noise. § 293 -5. Additional guidelines to determine unreasonable noise. § 293 -6. Methods of measurement § 293 -7. Penalty for offenses. [HISTORY: Adopted by the Common Council of the Cite of Buffalo 7 -31 -1990, effective 3- 13- 1990.<I> Amendments noted where applicable.] 1 Editor's Note: This ordinance repealed former Ch. 293, Noise, derived from Art. XVII of the Charter and Ordinances,] 974, of the Cite of Buffalo. GENERAL REFERENCES Building construction and demolition - See Ch, 103. Enforcement - See Ch. 137. Peace and good order - See Ch. 313. § 293 -1. Findings; intent. The Common Council determines that the creation of excessive and unreasonable noise within the city limits of Buffalo is a detriment to the comfort, convenience, safety, health and welfare of the citizens of the city and that persons within the city are entitled to have maintained noise levels which are not a detriment to life, health, welfare and e cvmcn of nror -gym: Therrfr�re, it in'.cnds hn.ehv to nro�it all excessive and "mreasnnablc noise from all sources subject to its police power in order to preserve, protect and promote health, safety and welfare and the peace, quiet, comfort and repose of persons within the city. § 293-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: AMBIENT NOISE - The all- encompassing noise associated with a given environment, being usually a composite of sounds from near and far. DAY - The hours between 7:00 a.m. and 9:00 p.m., except Fridays and Saturdays, when the evening hours shall be 11:00 P.M. DECIBEL - A standard unit of acoustic measurement having a zero- referencc oftwo ten - thousandths (0.0002) microbar. http://www.nonoise.org. 9/30/2009 NPC Law Library: Buffalo, New York Noise Ordinance Page 2 of 5 IMPULSIVE NOISE - A noise of short duration. NOISE - RATING NUMBER - The criteria established in the noise - rating curves of the International Standards Organization. OCTAVE BAND - The range of sound frequencies divided into octaves in order to classify sound according to pitch. PERSON - Any individual, firm, corporation, association, club, partnership, society or any other form of association or organization. PUBLIC RIGIiT -OF -WAY - Any street, sidewalk or alley or similar place which is owned or controlled by the City of Buffalo, including not limited to walks, regardless of designation. PUBLIC SPACE - Any real property or structure thereon which is owned, controlled or leased by the City of Buffalo. PURE TONE - A sound having a single pitch. REAL PROPERTY BOUNDARY - An imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person or from any public right -of way or from any public space. SOUND - An oscillation in pressure, partial velocity or other physical parameter in a medium with internal forces that cause compression and rarefaction of the medium. 29301 1 -10 -97 SOUND -LEVEL METER - An instrument, including a microphone, an amplifier, an output meter and frequency weighting networks, used for the measurement of sound in a specified manner and calibrated in decibels. SOUND REPRODUCTION DEVICE - Any device, instrument, mechanism, equipment or apparatus for the amplification of any sounds from any radio, phonograph, stereo, tape player, musical instrument, television, loudspeaker or other sound - making or sound - producing device or any device or apparatus for the reproduction or amplification of the human voice or other sound. UNREASONABLE NOISES - Any noise which is defined in § 293 -4 or 293.5. VEI-11CLE. - Anv lane sell= pronetled or Irnnclled h_ ar ., term! �nurec. VESSEL - Includes every description of watercraft used or capable of being used as a means of transportation in, on or upon water, including but not limited to nondisplacement craft and seaplanes. WITHIN THE COMMERCIAL AREA - Sound emanating from a source within the commercial area. Sound shall not be considered "within the commercial area" if it is projected into, heard or felt in a residential area, and such sound shall be considered to be within the residential area and governed by the rules relating thereto. ZONING DISTRICT - A district established in accordance with Chapter 511, Zoning, of this Code. § 293 -4. Unreasonable noise prohibited. It shall be unlawful for any person to make, continue, cause to be trade or permit to be made any unreasonable noise within the geographical boundaries of the City of Buffalo or within those areas over which the city has jurisdiction. The determination as to the existence of unreasonable noise may be established either by the specific acts considered http:// wv Aw. nonoise .org /lawlib /cities/buffalo,htm 9/30/2409 NPC Law Library: Buffalo, New York Noise Ordinance Page 3 of 5 to be unreasonable noise enumerated within § 293 -4 or by the measurements exceeding the limitations set forth in § 293 -5. § 293 -4. Specific acts constituting unreasonable noise. The following acts and the causes thereof are declared to be in violation of this chapter and to constitute unreasonable noise: A. The use of any sound - reproduction device outside a structure either on private property or on a public right -of way or public space at any time within the residential areas or within the commercial areas which, by causing noise, annoys or disturbs the quiet, comfort or repose of a reasonable person of normal sensitivities. This provision shall not be construed to prohibit public performances being conducted in accordance with the provisions of a special permit granted by the city. & The use of any sound- reproduction device inside a structure in such a manner as to result in the sound or any part thereof from such apparatus to be projected therefrom outside of the structure or out of doors at any time within the residential areas or during night hours in the commercial areas whereby the sound can be audibly heard more than one hundred (100) feet from the real property boundary line from which the noise emanates. Sound which crosses any real property boundary shall be deemed to be projected within the meaning of this chapter, Nothing within Subsections A and B herein shall be construed to prevent the operation of any such apparatus by any person within any building or structure, provided that the sound therefrom or any part thereof is not projected outside of any building or out of doors, or to prohibit the use of any apparatus with a personal earphone so that the sound therefrom or any part thereof is not audible to persons other than the user of the earphone. C. The operation of any sound - reproduction device on a vessel so that the sound therefrom is audible on land, which annoys or disturbs the quiet, comfort or repose of a reasonable person of normal sensitivities. D. The use and operation of any sound - reproduction device in a vehicle which would constitute a threat to the safety of pedestrians or vehicle operators or where conditions of overcrowding or street repair or other physical 29302 1 -10 -97 conditions are such that the use of a sound reproduction device would deprive the public of the right to the safe comfortable, convenient and peaceful enjoyment of a public street, park or place for public purpose and would constitute a threat to the safety and welfare of the public. E. The operation of anv sound - reproduction device within 'five hundred f 5001 feet of any school. church, health -care facility, clinic or courthouse whiie the same is in session or conducting business therein so as to interfere with the functions of such activities. F. The operation of any sound - reproduction device within five hundred (500) feet of any hospital, nursing home or similar facility whereby the sound emanating from the device can be audibly heard within the building or structure therein and so as to interfere with the functions of such activities or disturb or annoy the patients in the activity, provided that conspicuous signs are displayed indicating the presence of the zone. G. Yelling, shouting or hooting at any time or place so as to annoy or disturb the quiet, comfort and repose of a reasonable person of normal sensitivities. H. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any business, which annoys or disturbs the quiet, comfort and repose of a reasonable person of normal sensitivities. 1. Construction activity. http:// w v. nonoise .org,'lawlib /cities/buffalo.htm 9!30!2009 NPC Law Library: Buffalo, New York Noise Ordinance Page 4 of 5 (1) The performance or engagement in construction work, building, cxcarvating, hoisting, grading, demolishing, dredging or pneumatic hammering within the limits of the city between the hours cf 9M p.m. and 7:00 a.m. that causes sound which annoys or disturbs a reasonable person of normal sensitivities in a residential real property zone, except for emergency work of public service utilities or as otherwise provided in Subsection I(b) herein. (2) Any person desiring to engage in the aforesaid activity beyond the stated hours of limitation, based upon cases of urgent necessity or upon the interests of public health, safety and convenience, may apply to the Commissioner of Public Works for a special permit allowing such activity. The permits, if granted, shall be limited to a period of up to three (3) days' duration but may be renewed for additional periods of up to three (3) days each if the emergency or need continues. In the issuance of these permits, the Commissioner of Public Works shall weigh all facts and circumstances and shall detennine whether the reasons given for the urgent necessity are valid and reasonable, whether the public health, safety and ultimate convenience will be protected or better served by granting the permit requested and whether the manner and amount of loss or inconvenience to the party in interest imposes a significant hardship. 7. The sounding of any hom, security alarm or other auditory signaling device in any vehicle, vessel, engine, machine or stationary boiler for period of time longer than five (5) minutes, except as required by law or to provide a warning signal during use thereof. This provision shall not be construed to prohibit the use and operation of a signal device in an emergency vehicle. K. The operation of a vehicle without an adequate muffler or exhaust system to prevent any unreasonable noise in violation of the Vehicle and Traffic Law § 375, Subdivision 3 t. L. The use and operation of any lawn maintenance device, including mowers, edgers, trimmers and power - driven hedge shears, between the hours of 9:00 p.m. and 7:00 a.m. that causes sound that annoys or disturbs a reasonable person of normal sensitivities in a residential real property zone. This provision does not apply to the operation such equipment on golf courses. M. The use and operation of air conditioners, snowblowers or other mechanical devices which cause noise that annoys or disturbs the quiet, comfort or repose of a reasonable person of normal sensitivities, except upon cases of urgent necessity or upon the interests of public health, safety and convenience. This provision shall not be construed to prohibit the use 29303 1 -10.97 and operation of city, county, state or other governmental equipment otherwise in compliance with the provisions of this chapter. N. The keeping; of any animal or bird which causes noise that annoys or disturbs the quiet, comfort or repose of a reasonable person of normal sensitivities. This provision shall not apply to public zoos. ©. Any other excessive or unreasonable noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities, except that the enumerated provisions of Subsections A through N of this section shall govern and regulate the actions and activities therein prohibited, and nothing contained in this Subsection 0 shall apply to those actions and activities set forth in Subsections A through N of this section. § 293 -5, Additional guidelines to determine unreasonable noise. [Amended 10 -2 -1990, effective 10 -11 -1990] A. The subject noise must exceed ambient noise by five (5) decibels or more in any octave band to be declared excessive or unreasonable. B. Sound projecting from one use district into another use district having a lower noise -level limit shall not exceed http: / /w , Nuvv.nonoist.orge lawlib /cities/buffalo.htrn 9/30/2009 NPC Law Library: Buffalo, New York Eloise Ordinance Page 5 of 5 the limits of the district into which it is projected. § 293 -6. Methods of measurement. A. Noise measurements shall be made with a sound -level meter and compatible octave band analyzer manufactured according to the specification of the American National Standards Institute, USA Standard Specification for General Purpose Sound Level Meters (51.4 -1971) and Preferred Center Frequencies for Acoustical Measurements (51.6- 1960) or any subsequent nationally adopted standard superseding the above standards. S. Except where impractical, sound measurements shall be made from the specific position of the complainant at the premises from which noise complaints are received and shall be made at a height of at least three (3) feet above the ground and three (3) feet away from walls, barriers, obstructions or other sound - reflective surfaces. Where the nature of the noise permits, the slow response setting shall be used to obtain the noise level on the sound -level meter. The sound analysis curve shall be plotted in decibels upon the noise - rating numbers chart, and the highest portion of the curve in any octave band above a noise - rating curve shall be the noise- rating number for the measurement. The average curve of several noise measurements may be used to plot the sound analysis curve. C. When detailed sound analysis measurement cannot be made, a measurement of the noise using the A scale of a standard sound -level meter may be made, and the noise- rating number shall be determined by this measurement minus eight (8) decibels. § 293 -7. Penalty for offenses. [Added I1- 12 -I996, effective 11 -25 -1996] Any person violating the provisions of this chapter may be €iable for penalties as prescribed in Chapter 137, Article 1, of this Code. 29304 1 -10.97 http: / /www.nonoise.org /lawlib /cities /buffalo,htm 9)3012009 Exhibit 10 Public Query - Results Found 1 matches for: "3133077" in License Number Displaying records I - 1. Premises Name Address License License ' Expiration License License Type: Class Type Date Status .481483 License is Active STILLWATER DELAWARE X 252 License is AVE GRILLE LLC OP 11 /30/2010 Active :BUFFALO, NY 12/01/2008 :14202 11 /30 /2010 License Information Serial Number: 3133077 License Type: ON- PREMISES LIQUOR .License Status: License is Active Credit Group: 4 Filing Date: 10/2712006 Effective Date: 12/01/2008 Expiration Date: 11 /30 /2010 Premises Information Principal's Name: GOODHUE, WILLIAM R Premises Name: STILLWATER GRILLE LLC Trade Name: STILLWATER GRILLE Zone: 3 Address: 481 483 DELAWARE AVE BUFFALO, NY 14202 County: ERIE New York State Liquor Authority • 80 S. Swan Street • 9th Floor • Albany, New York 12210 -8002 2 Exhibit 11 Lori Mc From: Katy Gabel [kjgabel @buffalo,edu] Sent: Monday, November 09, 2009 11:41 PM To: Lori Mc Subject: Stiff #water Hi Lori, I hope you're well. I'm just writing to see how things are going with the Stillwater. They have been driving me nuts lately - I'm trying to study for final exams and they have music blasting on Monday night up to at least now (11.38). They also have a large fan they use on the roof when they're open. It sounds like a truck is idling outside or something. I don't know if I'm imagining it, but it seems like it has been getting even noisier over there. Then again, maybe I am just paying more attention to it. In any event, this is my email address, I'm interested to hear how things are going. Katy Gabel Kathleen Gabel University at Buffalo Law School Smith College Class of 2696 (516) 686 -4672 479 Delaware Ave. #8 Buffalo, NY 14202 Exhibit 12 ATTENTION: EMPLOY:1NIENT OF "BOUNCERS" This is a reminder to all establishments presently using `bouncers ". "Bouncers" are required to be registered/trained as Security Officers as per: Sara Nugent NYS Liquor Authority Investigative Aide 518 - 474 -0386 Good morning, yes, bouncers are required by NYS to be registered. For information on requirements and contacts, you can log onto the Department of State website where it should answer any questions you may have. Exhibit 13 [anger 1). SchNider, Esq. (716) 881 -4901 [Zschrodercrdsialggal -co "I 1.... I ) 1 ] C. i' 1 U i d :. ; hL 1, _ .2 i f. I i C: i. October 7, 2009 Vita Hand Deliver Mary Jane Warrington Buffalo Police Headquarters 74 Franklin Street Buffalo New York 14202 Re: 481 -483 .DelawareAvenue (The Stillwater Nightclub) Dear Ms. Warrington- .1 represent the Midway Owners Association and various concerned residents in the geographic area surrounding the Stillwater Nightclub located at 481 -483 Delaware Ave in Allentown. I am seeking certain information in connection with the renewal of licenses for the Stillwater Nightclub. This morning I discussed this information and this request with Ms. Diane T. O'Gorman, Isq. We understand that the Stillwater's Nightclub and Dance license is coming up for renewal at the Common Council very soon and I would like to request the following in connection therwith: A copy of the record of all 911 calls in the format maintained by the department regarding the address of 451 -483 Delaware Ave. (Stillwater Nightclub) for the dates of May 1, 2009 to October 5, 2009. I would respectfully request that the information be sent to the Common Council President, Mr. David Franczyk with a copy to Common Council Member and Legislative Committee Chair, Mr. Joseph Golombek at least two days before Tuesday, October 20, 2009 at: Mr. David A. Franczyk President of the Common Council 1315 City Hall. Buffalo New York, 14202 Mr. Joseph Goloambek, Jr. Chair, Legislative Committee For the Common Council 1502 City Hall Buffalo New York 14202 766 1`11icott Street BuffAo, NY 14203 = Jet: (7'16) 881 -4900 Fax: (716) 581-4909 WWw.5j'- 1Cga1.co111 A."11I101)1 1, Ginger 1). Schriider, Esq. (116)881 -49 ©1 �,chrr�dcr(u„sjalc�al�cnm I appreciate your cooperation in this regard and if you should have any questions regarding this request, please feel free to contact me at 716 - 881 -4001 (work - direct) or on my cell phone 716- 863 -4000. Thank you. Sincerely, Cc: Ms. Diane T. O'Gorman, Esq Buffalo Police headquarters 74 Franklin Street 14202 Buffalo New York 14202 SCHRODER, .10SEPH & .ASSOCIATES, I,LP M Ginger D. Sdiroder (Via Iland Delivery) President David A. Franczyk (Via E -Mail and Regular Mail) President of the Common Council 1315 City Mall Buffalo New York, 14202 Chair Joseph Gololnhek, Jr. (Via E -Mail and Regular Mail) Legislative Committee For the Common Council 1502 City Hall Buffalo New York 14202 766 [?llicott Stre t :r, 13i.ifl'alo, NY "14203 c Tel: ( (981 --4900 c I -ax: (71.6) 881 -4909 b NN"wW.5j"1leg"I I .com f 4j T1 j 9 t: I appreciate your cooperation in this regard and if you should have any questions regarding this request, please feel free to contact me at 716 - 881 -4001 (work - direct) or on my cell phone 716- 863 -4000. Thank you. Sincerely, Cc: Ms. Diane T. O'Gorman, Esq Buffalo Police headquarters 74 Franklin Street 14202 Buffalo New York 14202 SCHRODER, .10SEPH & .ASSOCIATES, I,LP M Ginger D. Sdiroder (Via Iland Delivery) President David A. Franczyk (Via E -Mail and Regular Mail) President of the Common Council 1315 City Mall Buffalo New York, 14202 Chair Joseph Gololnhek, Jr. (Via E -Mail and Regular Mail) Legislative Committee For the Common Council 1502 City Hall Buffalo New York 14202 766 [?llicott Stre t :r, 13i.ifl'alo, NY "14203 c Tel: ( (981 --4900 c I -ax: (71.6) 881 -4909 b NN"wW.5j"1leg"I I .com Exhibit 14 tltZ`8 kMP VWMx3 tiarFmFWOa 14unco 0 1 4 3 L`3 MR 0 - 1 - 1 - a191nd AUMON �" I •° - - Ow +Ir -� a o'-- ma'. l'J .................. _ - -- ---l-e �.��� Gl V 3a,I Y 1d do aiJS'cIY1aL 000 O X / ♦t ! } 1�� Hoy'- Byron W Bi o +Nn Mayor, City of Buffalo 201 City Tull 65 Niagara S i va.re Buffialo, New York 14202 t ctabei l 9, 200 Dcar Mayor Brown, I am writing on the behalf of the Colored Miasiciai Club, Inc. of Western New York, requesting to be consider for inclusion in your forth coming City of Butfalo Budget. The Club, which has been a mare stay in the world of Jazz since its inception. has embarked on a very lon overdue and ambitious pro rain to transform the first floor of its building into a Jazz Museum. This Museum will tell the history of the musical giants of Western New York. Our request is For a one time only grant of Three Hundred Thousand dollars ($300,000.00)_ This will be matched by private donations and g overnmental sources to realize our goal of Nine Hundred Thousand dollars ($900,000.00) needed for the project. I airs attaching; a copy of the preliminary cost estimate from Hadley Exhibits, Inc. and The El Team ?!;arr::1 ti'fl(ir.'srts Inc Hadley Exhibits, Inc., 1700 Elmwood Avenue, Buffa New York .1 4207 will oversee the construction of the Museum which will be state of the art and the only one of its kind in America.. i r� , •i.rnt'.r; :.f.:;ltl1 �..«;,',rt,�':'.1• :.4;- The Colored Musicians Club and Museum will be a major attraction for cultural tourism, providing visitors the opportunity For a unique musical historic experience. This will give the Buffalo- Niagara Convention and Visitors Bureau another site to sell when they go to the various conferences and especially the African - American venues. A 1 1�' _P 3 � i� t�rL With your help we will be ready fog the ('reservation's National ;: Conference that will be held in BufTalo in October, 2011. c1C'f1IC't7f = >4It!!BSrYF ?Y'I, {ia I would like to thane you for any and all considerations and if there are any questions of me or additional information please let me know, I can be t '716 -885 -1815 reached at ,, Sincerely,. 4f ��rf�ir_I � !<<r, � 1 � s • � t 5 - -!! it (!I!j , +r - - t;tal � z a � - �r _ 7 �✓✓ ( � ' George W. Scott, President Colored Musicians Club, .Inc. CC: G.k. Arthur 17; 10)41:0! I1001MWA fi(.S d. 'Williams B. Davis Slit Y yq 3 N 1:15 Broad %'ay Htd 1'01 3, NY 1'120 1 6-8.5 5 — 93 83 .,f Y r. f' 8/21/09 Welcome message — Lighting $2,590.00 Mr. George Arthur 154 Roebling Ave. Buffalo, NY 14215 Following is an estimate for the Co Musicians Club Museum. Lobby, Deception, Museum Slop This area welcomes visitors to the Included in this area are benches, -a desk, retail wall, lighting, stool. Two parsons benches, with upholst( Large photo mural — 132" x 96 ", rights not included -TBD) $3,685,00 Angled masking panel d Musicians Club. me message, a large photo mural, reception seat - 66" x 15" x 19" high, with steel frame. fixtures, installation $3,990.00 $1,200.00 Reception desk — 128" long x 24" d ep with a glass display case, and transaction counter with 3 drawers, 2 cupboard , sliding doors, with storage counter addition for sound sucks, and stool. $22,600.00 Retail wall --- 3 sections of wall with shelf brackets, shelves, hooks, graphics as needed for product — (books, CD's, lothing, posters, monogrammed items) $7,300.00 Pendant lighting; on tracks $5,200.00 Legacy A custorn "vid?eo" program Marts th " interactive introduction to 'he Colored 1 Club. The circular cc - r has 4 -- 17" touch screen monitors built into the top of the counter. Attendecs stand around the circle, and as they look up they will view graphics above them mounted to an overhead hanging ring. In addition a 12' diameter ring will have an LED mo ing message sign. Video program produced by CHIC. AV Hardware for the legacy circle VD player and parabolic speaker, wiring) $6,320.00 Circular counter with 4 monitors bui into a corian counter top that rests on a stainless steel base. Screens, compi. ters, software, and software development wiring. Cylindrical inner base structure hou ing a map with LED location pin lights. $52,100.00 Programmed "video" highlighting t e history of the club, etc TBD Overhead ring Three- tiered aluminum tubing with large graphics on the outside, and 12 interior graphics. Ring is suspended from tl e ceiling. $11,270.00 Header ring with LED moving sign�ge, hanging brackets and assembly. $24,380.00 Core Exhibit The core exhibit has S curved sections that shows the history of jazz and how the CMC of Buffalo fit into the overall culture that grew across America. This section will be the timeline of jazz, and will include graphic rails, touch screen monitors, artifacts in cases, graphics, etc. The entire core exhibit flooring is a lightly curved deck linishcd in maple veneer. Overhead is 45' of curved track wi 20 fixtures. Each of the five sections include a I x 24" graphic rail / AV station with a digital print and 14" touchscrecri, compute , software, and content. A pedestal for artifacts (approximately a 16" x 16" x 18" high with a 44" high vitrine). Wall panels are 90" high, with digi al prints mounted to aluminum substrates. barge and small vinyl graphics are appliedl on the surface. A 24" roonitcr is included in thy; wall with a repcat�;r video, soundsticic, and audio progr•alr. OvPnccad will be a h?enging pancl a�60" x 30" digital print (rights usage). In addition will be cut out letters in the overhead section of the exhibit. $66,970.00 We Are )here The stage area is used for current speakers, small combos, etc. There is a raised elliptical stage (9' 12') maple finish, with curved backwall panels — graphic print finished. In front is a graphic rail that includan MPEG player with current information about the club — rehearsals, upcoming; eve events, etc. Overhead is a wooden disk suspend .-d from the ceiling used as a projection platform. It's possible to include a closed circuit camera system, to project onto a disk that goats over the stage, as well as sew ral spotlights for the stage. This disk is a projection screen. Video can be rur from buttons on the graphic rail. Lighting over the stage is on an elli What is Jazz - interactive $77,900.00 Group interactive for 4 people -- " hat is Jazz?" The interactiv:; station includes a ki sk (that will be able to be portable) -- the computer will plug into a floor port The station includes 4- 17" touchscreens, 4 headphones, computer, software development, an overhead sign (76" circle) of aluminum tubing and acrylic letters track with fixtures. fhe kiosk has a laminate finish with corian countertop. $18,30O.00 Storagt area The storage, area is in the back cor111 ' -.r behind the sta {u -. 'Thf area ha:� a lockabl access door and two sets of adjusta le shelving. ;5,600.00 Changing Exhibits This case (20' long x 3' deep x 8' igh) is built in 5 sections and bolted together on site. There are glass bypass doors en the front of the case with gaskets for a relatively dust — free case. There is a painted atex ac wall to allow color change as appropriate for traveling exhibits. There is internal lighting in the ceiling, internal fluorescents, and track lighting witt spots. $56,500.00 Additional expenses associated wit Photo rights allowance i the museum. $38,500.00 Installation, delivery, handling, and exhibit. associated with moving and installing the $16,500.00 Project Management Conceptual design, spec and detail $10,560.00 $41,850.00 Total 1 $473,850.00 DEM ©NE A. SMITH MASTEN DISTRICT CO UNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1316A BUFFALO, NY 14202 -3318 P IIONF:851 -5145 • FAX: 851 -5443 E -mail: dsmith @city- buffalo.com Website: hltP: / /WWW.dty- b"ffaln,con) November 20, 2009 Council President David Franczyk 1315 City Hall Buffalo, NY 14202 Dear Council President Franczyk: j ,. C. LEGISLATIVE As$ISTANTS TIFFANY ]_Ew €S TASHENE EUBANKS CHAIRMAN Et3U('.ATIC)N MINORITY BUSINESS ENTERPRISE CO MMIT LEES COMMUN €TY DfVEt0PMENT I have received numerous inquiries regarding the process to appoint an interim Council Member for the Ellicott District. The questions regarding dates and processes I was unable to answer. If I am unable to answer their questions I am pretty sure Ellicott District Residents, interested candidates and the general public are not clear on the process and dates as well. In the spirit of transparency, please make available to the public a clear process and timeline. Thank you for your attention to this matter. If you have any questions, comments or concerns please do not hesitate to contact me directly. RECEIVED AND H LED 00045 Ciotairtott Couttrit City of Buffalo _ C 7 f� C'7 j f.-.. Fri (� 0 L.l'I 000 H. Thomas- Safety Concerns in the City of Buffalo Item available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT POUCE.&COURTS vi of shooting identified by Buffalo police Buffalo police have identified the LIU* � 1 ir—I�It victim of a fatal shooting in the city's Schiller Park neighbOrhood early Sat- 'As Killed was Mister Rogers, 23, of T* C F KrI B PI Police spokesman Michael I De- George said Rogers was .shot multiple j, t, Al i z x PI C-t; times while getting into his vehicle in the 2100 bloeR of Genewe Street, near v P -5 — crossIna . n Avenue, between 12:15. and 12:30 am. � IVJ r E:O We% jt � i. 11 PU He was driven by friends to Brie County Medical Center, where he later died. Anyone with inforniation is asked to (a the ConfidwnMTIP-CAT 1,11ne j; A M j TIP- ( F jt4 W I'AIVJ at W-2255. B itTE% - F Ae il c IVI i to 6 all 157C - - ,7fc-- at k e)21 -. /j, # k6S W-'E—Ar e1H, nd DewJl 'D PA4 kw. 7 PIE JT7 htz� A 6 N ' i e �F 4 E0. Z vfAl F-. FIH 1 e>� /Ny- jVrVepp Sy O 4? ki to 7W 4��C) k 3 0 Ale, Mr. 150 Surrey' NY I ad0�y1 Canal. harbor -- PLIhlic: I iCaririg Coninic nis `tltri 4 Pomeroy Si, ` , Buffl lo, Y 142 101 16 Marine Drive Apartments l Parhing R amp )vlitigate parking rarnp impact on /tarinc Drive Apartn:cnts by integrating the t-vo. - 1 - his rarnp can support green space on its roo f, but a mall diamond is inappropriatc by a iiigitway. The top .floors dedicated to Marine Drive secure parkin can be connected by skywalk to the buildings. This skywalk continues throughout the canal harbor cotnpl <":, framing the mcczan.ine level Of Its units. Ideal elevation for this walk would be such that it clears 1190. trreeting the second (loot of fIS13C tower. Connections can later be made through downtown, to the ballpark, and the LCC City Campus. The presenting face ofthe ramp can be green as well. Perhaps a very steeply terraced vineyard. 'rime Slip This is a wonderful inclusion, allowing small craft to enter the heart of the market. Contcmp(ate provisions for paddlers to park, disembark; take out an(] store as well as outfit their craft while visiting. A lock at the end of Prime Slip allowing entry into the Eric Canal would be practical and educational. Recreational Watercraft The project will attract visitors by boat who will need temporary tie - up. Frontage at D1, &W is appropriate for largcr visiting vessels. Space f - or small craft can be made by ral1ing a dock at the side of the USS Little bock. This intrusion into the navigational channel should be permitted as the channel is wide here. Perhaps the dock needs to be a barge, or a craft with its own motors and navigational lights. Off site space rip the Buffalo River would. be served by water taxi or trams on Buffalo River Greenway. Main Street if necessary for increased AMTRAK or commuter heavy rail capacity, now is the time to alter highs or width clearances at Washington, Main, Pearl, and T;rie Street bridges. Improve station access. Allow space for two lanes of traffic, northbound and southbound, on the cast side of Main Street through the Donovan block and f1SBC. A better design for• returning automobile traffic to Main Street puts northbound and southbound traffic along the east side of Main Street. All LRRT stations would be placed on the west side, of Main Street. Inbound and outbound trains travel the west, local track serving all stations including "Theater. Trains can pass at the tunnel entrance, between Court and Church Streets, and at Eric Canal Harbor. The east or express track Iets trains move north and south past the local stops. The additional lane southbound on the west side of Main Street through Seymore Knox. Plaza is the cue for the Transporter Bridge. An LRVI' track communicates with the the bridge, as does the lZiverwalk. Bridges Advantageous alignment of the Skyway above uniquely allows for a Transporter Bridge to carry local. traffic picked up at grade across the Buffalo River, Kelly Island, and the City Strip Canal. The rail from which to hang the transporter is cantilevered off the east side of Skyway steel. A tourist attraction itself, this bridge will carry pedestrians, bicycles, trams, cars, and LRIZ:F trains over land, water, or ice. The bridge and new .Beach line enable display or festival traffic trains to park on a spur along Prime St. Michigan Street, collecting traffic from most radial arterials is suited to move the remaining volume of traffic to the outer harbor. A fixed bridge with an incline starting; at the south end of the lift bridge over tile; Buffalo River carries commuter traffic tip above Ganson St. track and rail traffic. L'Ievation over the City Ship Canal would allow most masted boats to pass. A bascule lift that seldom opens sits at the top. The Michigan Street African American heritage corridor theme can continue south to the water's edge. Riverwaik A Class I Bicycle - Pedestrian way must be facilitated in the Project. Run from Lakefront, along Marine Dr., along Perry, under the Skyway above grade through Canal Harbor; through OL &W level 2 joining the Ohio St. part of Bufl:alo River Greenway; continue along Michigan St. to the Doter Harbor. Please contact me for details or clarif:rcations, Yuri I Ireshchyshyn 716 - 392 - 9657 or l lreshchy(a),eric.gov FERR ,(Y r t ") r '-4 (" VIM F I EE ON COMMUNFTY DEVELOPMENT. 1 � 9101--A 0005. Jasmine A. Smith 597 Grant Street, Iwr. • Buffalo, NY 94213• (716) 939 -5637 jasmineasmith(@yahoo.com W Re: A position within the city council office Dear council Member I am interested in becoming an active participant in the political system within the city of Buffalo. I have lived in Buffalo all of my life, and am willing to work hard to make a difference in this city. Whether it be answering phones, typing up letters, making phone calls, or making coffee for meetings and/or officials. I possess extensive experience with client relations, preparation work, scheduling and general administrative tasks. I believe that my skill set, interpersonal abilities and training experience may be a good match for this city council's office. Furthermore, I possess excellent presentation skills, experience working in social services and with the disabled. I have spent the last few years working a variety of jobs honing and refining my interpersonal skills. Finally, I come with demonstrated independent leadership, experience and a track record of working with a team, an outgoing personality. I have strong community relations experience and solid computer skills as well as excellent oral abilities. If you have any questions, I may be contacted at (716) 939 -5637 or e -mail at jasmineasmith(cyahoo.com I look forward to hearing from you in the future. T Thank you for your time and consideration. Sincerely, la� Jaqmine Smith enc. Resume references JASMINE A. SMITH 597 Grant Street, Mr. + Buffalo, NY 14213• (716) 939 -5637 ias mineasmi t h ahoo T PROFESSIONAL. PROFILE An aspiring business professional that is dependable assured and possesses customer service, clerical, office coordination, and administrative experience as well as a strong educational foundation. ATTRIBUTES y S ELF STARTER, a strong facilitator and consensus builder who is effective in a fast paced, challenging environment. OUTSTANDING communication skills with the ability to anticipate needs and prioritize effectively. Strong administration and supervision skills. T EAM ORIENTED, who is exceptionally well organized, resourceful and goal oriented. EDUCATION Medaille College B.S. (Business Administration /Media- Communications) Erie Community College A.A.S. (Business Administration) EMPLOYMENT 2009 Kelly Services Westminster Community Charter School Office Clerkl Secretary = Faxing, Filing, copying, answering multiple lined telephones. ® Assistant to Principal and Vice Principal Creating reports, memoranda, and informational documents 2009 Burlington Coat Factory Cashier • Customer Service • Point of Sale • Manage Electronic Cash Equipment 2009 Installs Inc. /Superior Temporary Services Customer Service Representative • Inbound/ outbound calling for Clients /Customers • Schedule Technical Appointments • Provide appointments for Clients /Customers • Maintenance of internal communications systems Buffalo, NY Buffalo, NY Buffalo, NY Amherst, NY Buffalo, NY 2007 - 2008 Aspire of WNY Buffalo, NY Residential Health Aide • Assist mentally and physically disabled with life skills • Home visits with families of mentally and physically disabled 2004 & 2007 VVBLK 93.7 Buffalo, NY Internship (Promotions Department) 4 art y 3° f4g..F. • Produce commercials • Coordinate events and interviews -` • Manage, direct and creation of promotional activities References Available Upon request 0€002 Donald O. Allen 232 Sycamore Street Buffalo, New York 14204 dallen7'l 030 @roaclrruisfer.com 716 -844 -8293 (home) 716- 570 -8451 (cell) November 20, 2009 City Clerk 1308 Buffalo City Hall Buffalo, New York 14202 Honorable Common Council, In the wake of recent events that have led to a seat being vacated on the Common Council, I respectfully forward this letter and resume to express my interest in serving as Common Council Merlrber for the Ellicott District. For over 30 -years I have served the City of Buffalo in a number of progressively more responsible leadership positions. 'Throughout my tenure as a city representative I have displayed an innate ability to lead change both within and outside an organization; lead people toward meeting goal objectives; produce optimum results with limited resources; employ business acumen by Managing human, financial and information resources; and build coalitions internally and with other Federal, State and local, nonprofit and private sector organizations. As Commissioner of the Departmcnt of Community Services and Sr. Deputy Commissioner of Human Resources I have become keenly aware of many of the issues and challenges faced by not only the people of the Ellicott District but the city of Buffalo. I stand willing, ready and capable of assessing, and coordinating strategic activities to address the issues and concerns of our citizens. While I ain confident that the breadth and depth of my experience is fitting, during these trying times of mistrust and deceit. the people of Buffalo are undoubtedly in search of someone who is not only experienced but grounded with strong values of honesty and integrity. Throughout my career as a public servant I have held these two character traits in the highest regard — working diligently and conscientiously to ensure compliance. In conclusion, I hope that my experiences as a leader in city government are sufficient to warrant consideration for being appointed to serve as Common Council Member for the Ellicott District. I look forward to discussing in greater detail nay experiences and qualifications for the position and ultimately a favorable conclusion. Donald O. Allen �5� Donald 0, Allen 232 Sycamore Street Buffalo, New York .14204 (716) 570 - 8.451 _E DUCATION. 1965 - 1968 East High School, Buffalo, New York 1969-1970 Bryant & Stratton Business Institute; Buffalo, New York 1992- 1993 Empire State College; Buffalo; New York EMPLOYMENT 2000 PRESENT Cornmy sioner of I)e artment g Commi nil, � g vices The commissioner of community services shall. have all the powers and shall exercise all the duties hereinafter conferred upon the divisions of the department; shall administer, correlate and coordinate all the functions of said divisions, shall provide facilities for the research, referral,` planning and evaluating of any of the projects within the purposes ofthe department, and shall prepare or have p repared b the appropriate divisions applications for. county, state anid. federal' grants. 1998-2000 Sr. I)e put Y Commissioner o Human Resources Discharge all duties of the commissioner during his absence; monitors programs and personnel assignments insure appropriate coordination, execution and administration of the duties and powers vested in the commissioner, acts as liaison between the Department of Human Resources and other city departments and agencies having a direct or indirect interest in departmental affairs; handles all divisional. business; meets regularly with directors to enhance division operation_ 1993 =.1998 brie County 1)t wtion ` Supervised building #4 of youth convicted of felonies, and n isden eanors counseled youth, maintained academic standards of youth, taught life skills, filed statistical data on progress of youth, etc. 1990 - 1.993 f'o of_Humm Resources The;conimissioner of human resources shall have all the powers and shall exercise all the duties hereinafter conferred upon the divisions of the department shall. administer, correlate. and coordinate all the functions of said. divisions; shall provide facilities for the research, referral, planning and evaluating of any of the projects.within the purposes of the department; and shall prepare or have prepared by the appropriate'. divisions applications for county, state and federal grants. 1985-1990 S enior I)ewuty (7 mraissioner of l an Resources Discharge all duties of the commissioner during; his absence; monitors programs and personnel assignments to insure appropriate coordination, execution and administration of the duties and polders vested in the commissioner; acts as liaison between the Human Resources and other city depa tmems and agencies having a direct or indirect interest in departmental affairs; Handles all divisional business, meets regularly with .directors to enhance division operation. Resume Page 2 1983 -1985 1 enfan Relati S)ec'ialist Set up programs and activities for Housing Authority tenants; liaison between tenant councils, groups /agencies and the Housing Authority; worked closely with individual tenants and councils to resolve their problems; organized and advised tenant groups, (re: social and health services, proper meeting procedures, etc.); cooperated with project managers, Housing Authority staff, [IUD and various agencies for the betterment of Housing Authority tenants. 1982-1983 Huma Resources Planner Coordinated and provided technical assistance for the development of human service programs; liaison between community and department, assisted in program applications, potential funding and resources for community agencies; reviewed and monitored Community Development Black Grant activities; assisted community agencies in preparation of organization, budgets and reporting. 1980-1982 Minority Recruiter Recruited potential minority candidates for city employment; developed methods improving promotional and job placement opportunities; worked with the minority community in counseling, training and job readiness; investigaged employment grievances; maintained records and prepared written reports; kept minority community abreast of other government employment opportunities. 1978-1980 Assistant Di rector Swnmer Y outh T r-o rani Assisted in implementation and delivery of services to community youth; liaison between city and county agencies for networking, assisted in formulation and monitoring of youth service programs; involved in youth job placement, supervised field staff for youth outreach activities; submitted written reports. Profession O rganizations Buffalo Youth Board Buffalo Handicapped Committee Chairman, Partt- Willert Revitalization Corp. Board of Directors, Community Action Organization Awards: 1983 Roberto Clemente 1986 Man of the Year, West Side Citizens Association 1989 Man of the Year, North Buffalo Civic Association 1989 Community Educator, South Park High School 1989 Urban Land Institute Award of Excellence 1990 SCLC Human Relations Award 1991 Hero of Today 1993 Youth Criminal Justice Award, N.A.B.S.W. MARILYN RODGERS 81 JOHNSON PARK 00053 BUFFALO, NEW YORK 14201 716 -440 -1106 MRodgersFCS @msn.com November 19, 2009 City of Buffalo Common Council City Hall 65 Niagara Square Buffalo, New York 14202 Re: Ellicott District Council Seat Vacancy Honorable Councilmembers: I am formally submitting my resume as required by our City Charter, Chapter C Article 3 -6 for your review and consideration. I have been charged by my advisors, colleagues and numerous residents to do so to assure the needed representation for all constituents of the Ellicott District is not compromised. Having been a fang -time resident of the Ellicott District, I have had the opportunity to work with its residents from all three distinct semi - districts. And, that is the issue that must be resolved from Day One. Too often have the residents of the Ellicott District been set apart from one another without having the opportunity to work together to enhance their quality of life, share victories as well as lessons learned and come together to give surety to the District's success that, essentially, benefits our city as a whole. My experience in corporate reengineering, communication, judicial events and research, housing, legislative research, fund development, service to the Citizen's Planning Council, community redevelopment featuring a ground up approach and my lack of political prowess make me an ideal candidate to, again, bring the people's faith back to the office. I have worked with various entities throughout our city that include the Buffalo Police Department, City Court system, Erie County District Attorney, New York State Police, as well as your honorable body. Additionally, after leaving my consultancy with Judge Nowak at the end of our Housing Court Reform Project, I have continued to work with residents in the Fruit Belt, Cold Spring, Allentown, Delaware Development Corridor, tower West Side and Porter Avenue neighborhoods as well as my home base in the West Village, I can assure you strong diligence and partnership without any other agenda than to serve as a dedicated steward to the citizens of Buffalo, New York. I thank you, in advance, for your time and consideration and look forward to meeting with you personally. Sincerely, Marilyn Rodgers Att : 1 '�) MARILYN RODGERS 81 JOHNSON PARK BUFFALO, NEW YORK 14201 t 716 -440 -1106 MRodgersFCS @rnsn.com "Marilyn has tremendous energy and a wonderfully optimistic attitude, which snakes her a pleasure to deal with. If you are seeking to hit the ground running in Buffalo, with an individual that understands the lay of lire land and has a network of contacts, Marilyn Rodgers is the person for your organization. " Paul Wolf, Esq. Joseph Golombek, Jr. City of Buffalo Common Council '7n 20 years as a commercial broadcaster (with several years teaching marketing and communications at UB and Niagara University), there have been very, very few whose honesty, self - discipline, originality, dedication and essential character is so high, my standards become redefined, andXsoon come to question whether I will meet theirs. This is how I feel about Marilyn Rodgers." Lee Zimmerman General Manager WUWU -FM "Marilyn is a real team player. Her attention to detail, willingness to learn, and suggestions of new ideas for the department are just a few of leer strengths. She is a dedicated employee, timely and always displays a positive, professional attitude. Marilyn would be a welcomed addition on anyone's team. " Nancy Davis Fleet Lease Manager ABC Washington - Dulles Auto Auction "I have been working with Marilyn on an innovative community development project in Buffalo, New York. Through my experience of working with her I have seen, first -hand, her great success in being able to bring various government agencies, the court system, the police department, and nonprofit groups together. It is her focus on solutions and not on obstacles, that I believe make her so successful. Her array of talents such as grant writing, marketing, media, fund raising, and outstanding organizational skills along with her drive and commitment, make a real difference — Patricia Woods Community Preservation Corporation "Marilyn has been a constant source of encouragement and inspiration for our efforts and for me personally and our work would have been more difficult without her. She has been an extraordinary asset to the court. Our great successes in community outreach and effect on neighborhoods would not have occurred without her. " Henry J. Nowak City Court Judge City Court of Buffalo MARILYN RODGERS 81 JOHNSON PARK BUFFALO, NEW YORK 14201 716- 440 -1106 MRodgersFCS BUSINESS SUMMARY Accomplished professional with solid record of successive promotions in marketing, funding, event coordination, program development, community reinvestment and management environments. Over 25 years experience in operations, marketing, sales and creative promotions. Special depth in: - Relations Assessment - Quality Assurance - Client Relations - Recruitment and staffing Program Development - Training and motivation - Departmental Development - Community Reassessment & Development Objective: To attain a program /community development and management position with solid personal contact, departmental enhancement and creative solution- driven problem solving methodology in the nonprofit/community sector. EXPERIENCE ERIE REGIONAL HOUSING DEVELOPMENT CORPORATION 2007 — Present Assistant Property Manager /Marine Drive Apartments Assist in oversight of Administration including rents collection and account entry, application process according to NYS DHCR regulations, Maintenance and Custodial crews, rehabilitation of apartments, marketing to population, safety and security enhancements, grounds and utilities rehabilitation and revision for best return, and other duties. 8th JUDICIAL DISTRACT — CITY OF BUFFALO HOUSING COURT 2006 —2007 Consultant — Program Coordinator In 2006 Judge Hen r.. I r, 1, qa � .-moo sided n t th -_ugh. the ,rlis hei C k kndati to k^ de e!op 1-�v: ('�k kl'E' The k„ Ki IN GI IN rn 7 tJl oYklAtitA a gran uyk k the v� ak es k L'.. on 44��+` . r . .. w. .. Housing Court Reform Project developed most of the innovations now used daily in this court. I was charged with many duties that placed me in constant contact with community leaders, block clubs, community development organizations, Buffalo Police, Erie County District Attorney and others. Duties included but were not limited to education of police officers for the Order to Vacate program, meeting regularly with block clubs and other community organizations to develop streamlined nuisance and housing issues reporting and resolution, new program development such as the Lis Pendens Program whereby financial institutions were held responsible for vacant properties they held liens on and the Rooming House Task Force which resulted in the updating of Chapter 269 of the Buffalo City Charter. Due to the many contacts I developed during this time I still work with neighborhood representatives throughout the city. M RODGERS — FREELANCE COLLECTIVE SERVICES (FCS), Buffalo, NY 2004 —2007 Consultant Worked with local nonprofits to assist their fund, grant, and marketing development. Client base (paid and in -kind) included Field and Fork Network, Making Fishers of Men & Women, the Historic Palace Theatre /Lockport, NY, The Latino Business Owners Association, NYS 8th Judicial System Housing Court Reform Project, Niagara Movement Initiative, the Johnson Park Restoration Project, Shakespeare in Delaware Park, Musical Fare, the Buffalo Outdoor Urban Education Foundation and the Environmental Education Association. WEST VILLAGE RENAISSANCE GROUP, Buffalo, NY 2002 — Present Director — Unpaid Volunteer Effort Created and developed a 501 c 3 community organization to foster crime abatement, community reinvestment, housing issues and rights, and historic recognition and tourism for a nationally recognized historic district located in the Lower West Side of Buffalo. - Recognized as one of "Western New York's Great Neighborhoods" by Buffalo Spree Magazine (Oct. 2003), - Nominated for a "Great Public Spaces Award" Developed "Internships for Sustainable Communities" Honored as a recipient of a "2004 Buffalo - Niagara All American City Civic Empowerment Award" ;t REMARKETING SERVICES OF AMERICA, INC,, Amherst, New York 1997-2004 G L National Auction Representative In the RSA National Quality Control Program, my responsibilities included on -site performance audits of various auction facilities on a nationwide basis. The audit program is of the highest quality assurance which benefits both RSA and its extensive client base. During each visit these facilities were checked for condition report accuracy; reconditioning; marketing efforts; repairs; accuracy of expense reports and estimates; transportation; proceeds timeliness and continual auction /dealer relationships. Further duties included travel cost and expense evaluation for budget and schedule recommendations; market trends; marketing and promotion review and development for each facility; new client prospecting and overall facility review and recommendations_ In addition, I assisted in the development of special promotions and training programs for both the company and auction. These promotions include The Great Texas Truck Sale for Dealers Auto Auction of Dallas, Consumer Feedback Program for f=irst Union National Bank and The Close on One training guide during the launch of RSA's Lease Maturity Management department, Other responsibilities also included - The administration and continual development of the National Quality Control Program's Monthly and Quarterly Progress Reports while monitoring partner - auction progressive development. - Special projects and presentations for internal communications; progressive marketing for clients and vendors; the benchmark project for flooring and trouble - shooting all areas of remarketing and lease maturity management. INDEPENDENT CONSULTANT, Buffalo, New York 1994-1997 1 served various clients with advertising /marketing; sales /management training and motivation; media planning; image development and management; public relations and cross training plans. The major project developed was the Triad System for the retail automotive sales industry through select areas of the Southwest. POP RADIO CORPORATIONIACTMEDIA, Buffalo, New York 1990-1994 Director of Quality Assurance/Public Relations Directed Compliance and Customer Service procedures for 18K+ stores nationwide, which included management of the Field Service Staff (auditors) of 1,400 +; in- office compliance; and customer service representatives and administration. - Created .and implemented new systems of operations for all departments including budgets; reports; new product research and development; recruitment training; and increased product development. - Reengineered public relations and marketing for innovative satellite delivery systems for 2,000 chains nationwide. - Conceived, developed, and implemented new training procedures for the national field service staff of 1,400+ that included simplified, focused materials and video which improved the quality of audit systems and productivity by 62 %. This also increased one -on -one public relations in the field. - Consolidated Administration and Compliance staffs and duties while merging Compliance and Customer Service under the umbrella of Quality Assurance. This allowed a combined staff reduction from nine to four while increasing staff satisfaction, responsibilities, and a reduction of costs by $121 K. - Designed improved, impactful sales presentations for national sales reps that produced daily updated store counts, chain identification and compliance percentages on a market -to- market, and region -to- region basis. This created increased sales via a more cohesive rate card while developing user - friendly systems. Redesigned vendor presentation materials that allowed for improved behavioral compliance of 28 %. Instituted employee motivational and cross - training programs. BUFFALO PHILHARMONIC ORCHESTRA, Buffalo, New York 1987-1990 Director of Special Events - 1988 —1990 Created high yield events to market the orchestra to previously unrecognized audiences in the Western New York community. Co- produced television, print, and radio ads for all events. - Initiated and implemented the first Great International Duck Race as part of Friendship Festival '89 which created awareness in the low to middle- income demographics, raised approximately $27K net and provided the orchestra with over $250K in sponsorships and prizes- - Planned and coordinated the first Bills at the Phil event that combined the strengths of both the orchestra and the Buffalo Bills NFL team into one event, once again creating a new awareness of the BPO while raising essential funding, Director of TeleResources -1987 —1988 - Proposed, designed and implemented the orchestra's first in -house telemarketing department which reduced overall costs by 31 % while increasing the donor base by 43 %. This resulted in increased revenue of $83K. Developed both funding and marketing campaigns that included systems, reports and lead research. WUWU -FM, West Seneca, New York 1983-1987 Operations Manager /Program Director A dual - market station, serving both Buffalo and Rochester, New York and the surrounding areas, this situation provided a number of challenges due to FCC licensing requirements and "area of service" special programming. Base responsibilities included, but were not limited to: All operations and departments including Programming; Administration; Traffic; Sales and Marketing; Compliance; Finance; and Budget. - Developed all music and informational programming, promotions and public relations - Created ArtForm Radio and the Canisius College piggyback broadcast program - Intern training program - Sales presentations and strategies - Provided on -air production mentoring to local area college and high school groups WBLK -FM, Buffalo, NY 1980-1983 Music Director Developed play list for 24 -hour programming at this innovative urban contemporary broadcast facility. Also created numerous special programs that served the area community and provided information and special events for same. Announcer During my tenure with WBLK, I held two day parts. My second day part was 7:00 PM — Midnight where the Arbitron Ratings noted that this program "Night Music" achieved the top rating for its time span throughout Western New York and Southern Ontario, Canada. EDUCATION State University of New York, Empire State College - Nonprofit/Business Administration SEMINARS & CERTIFICATIONS - Public Authorities Accountability Act - Certification - Department of Housing and Urban Development - Grant Writing Certification - Dynamic Presentation Skills; Raving Fans; Who Moved My Cheese; See You at the Top; Career Track Seminars — High Impact Business Communications; Dale Carnegie — Sales Advantage — 16 -week course PUBLICATIONS Radio Only Magazine — May 1984 — Sales vs. Programming? Buffalo Rising Online & Magazine - Various Articles Western New York Heritage Magazine — The Historic West Village After 50 News -- Various Articles re: Community Redevelopment - Strategic Lawsuit Against Public Participation - Let's Talk About Slapp ADVISORY POSITIONSIVOLUNTEER WORK Citizens Planning Council - 2006 — 2090 {Common Council Appoint t , r Y_ • Re -Tree WNY - Board Member (Grants) — 2006 - 2007 > - Save Our Streets Task Force - Board Member — 2005 - 2007 Rooming House Task Force - Legislation Committee Chair— 2005 - 2007 Friendship Festival `89 - LaSalle Park Planning Committee -1988 - 1989 0005 Nicholas J. Prlmerano 501 Washington Street, Apt 202 v Ruf . fido, NY 14203 .(716) 907 -2797 • Nielrnl as.pr'itxeratrn(a'iiir(rii,coui To the Honorable Buffalo Common Council, My name is Nicholas Primerano and I am a 28-- year -old resident of the Ellicott District in the great City of Buffalo. After Iearning of the news of Mr. Davis' decision to step down from his post, I immediately investigated how one could assume the position of Common Council Member to the City of Buffalo. love this City and I always have. Many of try close friends have chosen to leave the Queen City for other endeavors such as Atlanta, Jacksonville or Raleigh. When I told my family that t was moving, it was from the 'pillage of Williamsville to the City of Buffalo. I've decided to stay in Western New York and make a lilb and a home here. I grew trp in Buffalo's University District, on Lisbon Avenue, one parking lot away from Bailey Avenue. My family is a typical North Buffalo Italian family my mother, father, and all my uncles and aunts went to Bennett High School in the 1960's and 1970's. In 1989, my father put his Lisbon Avenue home up for sale and moved us to the Williamsville, where I graduated from Williamsville South High School in 1999. I served lily community faithfully as a member of the Williamsville Fire Department and was involved in many otlier volunteer activities and committees. It is in me, to give back to the community that has rewarded me with an amplitude of Culture, a low Cost of living and something here that many of my friends do not have — a great paying career that o.ffbrs me the ability to touch everyone in this community. I am not a politician. I'm just a professional marketer with an eager desire to help the City and make it grow, change, adapt and move into the 21 "century with honor and pride — much like our neighboring cities, Cleveland, Pittsburgh and Baltimore have done. I would very much like the opportEnrity to interview for this job and help make a difference in Western New York. So many people say whet should be clone to help this community — I'd like to be a part of that change_ Thank you, c Ni rriV rano Nichols I primerano 501 Washinglon Street, ,Pub202 *Buffalo, NY 14203 •(716) 907 -2797 • Niche /as.prin :ernrzu(u mttil.cotu OBJECTIVE To obtain a position that will use nay experience in the fields of general business, marketing, communications, public relations and attained management skills as well as my organizational and interpersonal proficicncics. EDUCATIONAND C ERTIFICATIONS University at Buffalo, School of Informatics Graduated, May 2003, Magna cum Laude University at Brockport Completion, February 2005 Bachelor of Arts— Communications Marketing, Public Relations Certification, l..eadership and Community Development Medaille College, Masters of Arts in Organizational Leadership Anticipated Completion, April 2012 Erie Community College The New York State Fire Science Academy at Montour Falls Completed 1999, '03, '05 and `07 Certified EMT and Certified first Responder - DEFIB WORK EXPERIENCA Corel0l — "Listen, Think, Create." Downtown Buffalo, NY Account Manager, Marketing Consultant September 2009 — Current • Sales and management of internet based consulting and media products with many of WNY's highest level clientele. Gold's Gym LLC Williamsville, NY Sales and Marketing Manager May 200$ -Sept 2009 • Sales of gym memberships and other fitness related products and services to individuals, groups and large. companies • Required to meet sales objectives daily, weekly, monthly and yearly • Worked with Senior Management and ownership to strategizc, create and implement marketing plans • Negotiated exclusivity agreements with equipment vendors and providers, ensuring our company's superiority over the competition. • Created. strategic development and a new mission statement which allowed our business to be moved from the listing of "gym" in most phone directories, to "health club." • Spearheaded large fundraising efforts for not- for - profit groups, such is Upstate New York Transplant Services. • Key accomplishments include: o Created and maintained the "5 -3 -1" appointment system for each sales rep, which promotes lead generation and higher sales volume. o Increased Corporate Membership by negotiating agreements with Ingram Micro, Coca -Cola, "fops, West- l Automotive Group and CNG Technologies. White Directory Publishers Inc, A Division of Hearst Holdings Inc. Buffalo /Amherst, NY Coordinator, Marketing May 2007 — June 2008 • Entrusted with a working portfolio of clientele, whose investment and value to the company totaled $10 million • Created all promotional materials for sales representatives in the North Carolina and Florida markets as well as all other sponsorships. • Negotiated trade items with several large scale national vendors in an effort to control the bottom line on advertising and promotional costs. 'Trade partnership agreements saved an average of $124,000 per fiscal quarter. • Key accomplishments include: o Coordination of all forms of marketing efforts, advertising, public relations and all new business development through major carriers, such as Lanrar, Citadel and Cumulus Radio — which helper) increase our sales representatives output by 36% through effective program sponsorship. o Negotiated the sponsorship of concessions for all vendor locations inside Jacksonville Municpal Stadium, home to the NFL's Jacksonville Jaguars. 0 Managed a team of 7 with 100% employee retention. The Bee Group Newspapers Senior Editor, The Ken-! (.)n Bee Amherst, NY Mav 2003- May 2007 • Oversee total creative and marketing and business control of specific weekly publications and special sections • Worked on a regular basis with sales managers and associates in order to oversee functional business operations, developing strategies for business development. Sales calls were made and accounts were to my $2 million portfolio • Named to the Ken -Ton Chamber of Commerce's Public Relations team due to my proficiencies with the public and media relations • Member of the Ken -Ton Chamber of Commerce Board of Directors, • Worked with a teem of four to properly execute the third largest business trade show in Western New York, The Ken -Ton Showcase. Volunteer f xnerience Williamsville Fire Department /Hutchinson Hose Company Stritow - al Firefighter, Certified First Responder, l'asi Vice President 1999 -2006 Pop Warner Little League Broncos Football Present (lead Coach foi 2006, 2007 and 2005 seasons • Successfully spearheaded three large fundraising drives, to purchase equipment, field use, referee time, as well as personal sporting good affects, for the more than 200 youths in the prograin. RAMITTEE 000 i5 F i L L D 1T CLERK 2009 Nov 2 ! P1, 6 00 November 20, 2009 Mr. Gerald Chwalinski Buffalo City Clerk Office Room 1308 -City hall Buffalo, New York 14202 Dear City Clerk City Clerk: i My naive is .Byron J. McIntyre and I am seeking the position. of being; appointed Councilmember of the Ellicott District until the next election is .held. I have campaigned and ran. for the Ellicott District seat in the past. I have lived in the district all my life so I am uniquely familiar with the community, the residents and some of the problems facing us. I have a political base already in place and I can be an asset to the council body. I am known and respected by many in. the Ellicott District as well as the city of Buffalo. I have no political baggage and I am a fair - minded and strong willed individual who has no ties to any known or unknown political groups. I am independent by nature and I can work with any individual and /or group to move the city's agenda forward. I am requesting an interview from your honorable body to consider me for the position of Ellicott District Councilnlember. Please contact me @ (716) 310 -7005 or I can be reached by via email @) igminds a,aol.com I have included a copy of my resume and a biography sheet for your convenience. Thank you for allowing me this opportunity to ask for you support and your vote. Respect.fUlly, Bryon J. McIntyre Post Script: this letter serves as a replacement for the original letter that was filed with your office on Thursday, November 19, 2009. There might be question as to when the position was posted on your website. The date of this letter is .November 20, 2009; well within the time frame for the submission of letters of consideration. Byron J. McIntyre 1239 Michigan Ave. Buffalo, New York 14209 (71 G) 310 -7005 igminds(a),aol.com Employment Education Buffalo Fire Department 1997- present Buffalo Public Schools Substitute Teacher 1998- present Berkshire Farms Relief Counselor 2001-2003 ECC -City Campus AS Degree - Mental Ilcaltb Buffalo State College BS Degree - Sociology Graduated 1997 Homeland Security ['raining State Preparedness Training center Oriskany, New York February 12, 2008 thru January 5, 2009 Community Involvement Citizen Action -Board of Directors Alliance for Quality Education, (Board). School Reform Think Tank (member). Special Education Parent Advisory District Parent Coordinating Committee M.O.C.H.A. Society (firefighters' group). Working Families Bethel AME Church (former board of trustee member). References Available upon request. :i V� Bryon J. McIntyre Bryon J. McIntyre is a lifelong resident of the Ellicott District. He has resided in the Michigan /Nortliampton area all of his life. He attended Buffalo Public School where lie excelled in sports. He counts as his hobbies, basketball, bowling, softball and running. Bryon is a loyal and faithful husband to his wife Renee as well as the father of four children who are currently in the Buffalo Public Schools. In addition, he has several adult children who are the parents of children who are in the public schools as well. Mr. McIntyre is a homeowner who takes pride in his neighborhood and he works diligently with the residents of his street to make sure that issues of crime, drugs and other negative concerns are addressed by city officials. Bryon is also a member of numerous organizations that are children - oriented. Among these are the Buffalo Schools' District .Parent Coordination Committee, Alliance for Quality Education and the Committee on Special .Education. Bryon J. McIntyre is a Buffalo Professional Firefighter who has worked as a public servant saving lives and the city's property for over 1.3 years. Bryon also works as a substitute teacher for the Buffalo Public Schools on his days off from the fire department. As a candidate for Ellicott District Councilmember, Mr. McIntyre will focus on the following issues as well as other important concerns impacting the district: I . Redevelopment of Ellicott District commercial strips including Jefferson, Broadway, Genesee, Michigan, Main, Sycamore and the lower West side. 2. Supports the re opening of Main Street to traffic. 3. Support for University of Buffalo's 20/20 Initiative. 4. Working with the Fruit belt Redevelopment Committee. 5. Support for Main /Medical Corridor expansion. 6. Rallying to keep the Jesse Nash /Dr. Matt Gajewski Health Clinics in our community. 7. Supports the redevelopment of the inner and outer harbors. 8. Working to keep the community centers in the Ellicott District funded and open as safe havens for our youth and seniors. 9. Working efficiently and collaboratively with the other elected city, county, state and federal officials to move our community forward in a productive and positive manner. 0005pu fred k. heinle SO trinity place buffalo ny 1.4201 tktTink;((&Iol.Com 716 374 -4362 November 19, 2009 Dear Sir or Madam: As a lifelong resident of the City of Buffalo, it is with the most heartfelt conviction that I submit my name for consideration of appointment to the City of Buffalo Ellicott District Common Council seat. It is extremely important that there be an open and transparent dialog regarding the filling of this vacancy. The Ellicott District is much too important a component of our Great City to allow the replacement process to be based solely upon politics and demographics. It is incumbent that the position be filled with an individual that maintains the leadership capacity, vision and true understanding of the breadth and depth of issues facing the Elliott District. Throughout my professional career i have been afforded the good fortune and opportunity to work within all aspects the real estate, finance, neighborhood redevelopment and community development arenas. As a graduate of the Erie Community College with an Associate's Degree in Paralegal Studies, I have been fortunate to build upon this solid education and achieve tremendous professional and financial success. I am greatly interested in pursuing this opportunity and remain completely confident that I possess the necessary and appropriate background and credentials to fulfill all expectations of this important position. I realize that my attached resume may not provide the complete picture of the benefits I would bring and look forward to the opportunity of meeting to discuss in greater detail this Opportunity as well as the A,vealth of resources, that I truly believe I would bring to the Ellicott District and our Great £'ity. Ides e ib €witted, <=1 Fred K. Heinle _w 4 ctF ri Let it rroi be jcir preserri delight, nor jirr preseni Erse alone; lei it Ire such work as uur deseendemis will Otank as fbr°, and let its think. -.that a time es to come when ... men will scat, See! %lris our fathers €I'id far us, " John Ruskin, Ilistor•ian 80 Trinity Place - Buffalo, New York 14201 - (716) 374 -4362 fkheinle @ao .cam Extensive background in all aspects of Real Estate Law & Development Private Consulting Contracts (2009 to present) The Community Preservation Corporation (2003 -2008) Assistant Vice President/Mortgage Officer u Duties included mortgage origination and financing product development for multi - family and mixed use development projects throughout Western New York; working with private sector developers and municipal governments throughout the region to develop strategies and programs for community development efforts, designing programs for the implementation of Smart Growth & Sustainable communities & neighborhoods. City of Buffalo Office of Strategic Planning (2001 — 2003) Director of Residential Development Services General Manager- Buffalo Neighborhood Revitalisation Corporation u Duties include the development and implementation of publicly supported neighborhood revitalization utilizing smart growth & sustainable policies and practices. Supervise and direct all new housing and rehabilitation staff in the implementation new housing construction and business district redevelopment; facilitate relationships with City Departments and Agencies; oversight of the Office of Strategic Planning's CDBG, HOME, NYS AHC Subsidy and LIHTC programs for new housing construction, neighborhood rehabilitation and community development projects. City of Buffalo Department of Community Development (1995 — 2001) Real Estate Specialist / Project Manager for New Housing Programs v Duties included the general implementation of the City's new housing, mixed use and neighborhood redevelopment programs_ Paralegal - Independent Contractor (1992 -- 1995): During the period of July 1992 through March 1995; as an independent contractor utilizing my extensive legal and real estate development and financing background I obtained numerous personal service contracts as follows: Li Paralegal Specialist: United States Small Business Administration: Three-month assignment assisting with the implementation of the SBA Earthquake Disaster Loan Program in Southern California. u Legal assistant: Law Firm of Oscar Smukler — Duties encompassed all aspects of the practice of real estate law including contract and mortgage negotiation, preparation and review; title examination; landlord /tenant matters; mortgage lien law and assessment matters; as well as representation of purchasers, sellers, builders and developers at mortgage and real estate closings. Assisting in the representation of clients facing municipal and mortgage foreclosure proceedings. d Collateral Review Specialist: M & T Bank (2 separate contract) Duties included the due diligence review and examination of collateral loan document files assFciat -r= with the bank's acquisition of other financial institutions. c a F- ii Legal Assistant - Benderson Development Company, Inc. (1989 -- 1992): Li Duties encompassed all phases of commercial real estate development, acquisition, mortgage financing, planning and property management; contract and lease negotiation; property and mortgage closing including negotiation and settlement of purchase contracts and mortgage commitments with sellers and conventional & governmental lending authorities. Paralegal/Real Estate Specialist - Gross, Shuman, Brizdle & Gilfillan, P.C. (1983 - 1989): o Duties included all phases of residential and commercial real estate practice including title examination; contract mortgage commitment negotiation; property development and planning, site plan review and design; as well as the representation of purchasers, sellers, builders, residential and commercial developers and lenders at mortgage and real estate closings. Additional duties included working together with Attorneys in the representation of financial institution in mortgage foreclosure proceeding. Memberships. Associations & Awards Buffalo Rental Assistance Corporation — Board of Directors, Secretary Partners for a Livable Western New York, Charter Member Erie Community College - City Campus Paralegal Program Advisory Council, President The Dominik Hasek Youth Hockey League, Inc. "Hasek's Heroes' - Past President BuffaloPlace Operations Committee Downtown Living Subcommittee Member Grant -Ferry Association, Member National Trust for Historic Preservation, Sustaining Member Preservation Buffalo Niagara, Member Notary Public- State of New York N) m - CD Cn 0005' 7 William F. Trezevant r F i D 227 Niagara Street ;,IT Y CLERK Buffalo, New York 1420AD9 NOV 23 PM 2: 19 (716) 842 -2558 Mr. Gerald Chwalinski, City Clerk, City of Buffalo 65 Niagara Square City Hall, Room 1308 City Hall Buffalo, NY 14202 November 23, 2009 Via, Hand Deliver r And Fax: (710), 851-4845 Dear Mr. Chwalinski: Pursuant to the Common Council's Notice of Vacancy for the Ellicott District Council seat, enclosed please find my resume as required by the City Charter. Please accept this letter and my resume as my written expression of interest in the appointment to this position by the Common Council. Should you have any questions or concerns, please feel free to contact me at (716) 842 -2558. Thank you for your time and thoughtful consideration on this matter. Very truly yours, William F. Trezevant, Esq qj William F. Trezevant 227 Niagara Street Buffalo, N.Y. 14201 71 6- 842 -2558 Work History i f LL 0 rt CITY CLLR 2009 NOV 23 PH 2= 19 Law Offices Buffalo New York of William F. Trezevant, 2005 — Present: Private practice specializing in litigation, with a concentration in labor law, criminal defense and commercial transactions. Also, a specialized focus in pro Bono landlord tenant law and family law. National Advance Team: Various Locations USA 2004 Kerry for President, Team Lead, Press Lead and Site Lead Kerry/Edwards National Advance Team. Assigned to locations in thirty six different states. Special assignment to Edwards Vice - Presidential Debate Prep Team in Chautauqua, New York. Dean for America: Seattle, Washington 2003 -2004 Howard Dean for President Deputy State Director, Responsible for day to day management of statewide Presidential primary campaign for the February 7th, caucuses. Hired and supervised a final statewide staff of over three hundred. Managed a volunteer network of over thirty thousand individuals. The Institute for Politics, Washington D.C. 2002 -2003 Democracy and the Internet. The George Washington University, Deputy Director. Responsible for day to day management of the Institute. Hired and supervised a staff of five. Produced reports, studies and leading authoritative opinions regarding the usage and integration of the emerging internet technology with political campaigns. Also responsible for "Democracy Day. ", a national symposium for student leaders from all fifty states focused on governmental leadership. Democratic Candidate: Buffalo, New York 2001 Common Council- Ellicott District Ran unsuccessfully as a Democratic Candidate for the Ellicott Distinct Common Council Seat. Law Offices Washington D.C. 23000 of William F. Trezevant: Private practice specializing in litigation with a concentration in labor law. National Labor Relations Buffalo, New York 1993 -2000 Board Region 3: Trial Attorney, Trial attorney responsible for the prosecution of violations of the National Labor Relations Act of 1934, as amended, for Region 3 which covers all of New York State except for New York City. Education State University of New York at Buffalo, School of Law. Juris Doctor 1993 Buffalo, New York 1990 -1993 Student Clerk, Professor Muhammad 1. Kenyatta -- Assisted in the drafting of various law review articles, specifically focusing in on Democracy and Capitalism as well as race relations in the United States. Student Bar Association President 1992 -1993. Oversight responsibility for thirty eight law school student organizations, as well as final financial responsibilities for a five hundred thousand dollar budget. The Minority Bar Association, John L. Hargrave Award for Outstanding Scholarship and Service 1993 National Order of the Barristers inductee for exemplary courtroom advocacy 1993 Black Law Students Association Moot Court Award 1993 Fordham University New York, New York. 1 988 -1990 Bachelor of Arts: 199E Double Major: Political Science and Economics Minor: History University Council - The sole elected student representative on Fordham University's governing body. Initiated various academic reforms including the expansion of the core curriculum. f1b AS �u PETITIONS Nov. 24, 2009 ®005"S M. Goldman, Owner, Use 245 Allen to Expand an Existing Restaurant (hg 12/1)(Ell) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, ZONING BOARD OF APPEALS t .V OFFICE OF THE CITY C LERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vita! 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: Dat€ #!L 1 ATTENTION: to be held in the Council Chamber, 13th Floor, City Hall On: AT 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /hey: agent of the above. Signed Agent Owner) lird IA" 600 Print Nance Phone # f° PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER, 851 -5086 FOR PLANNING , BOARD MEETING. C (? ✓i'1 � v n Stages ..... .. ...... - .. - - - - -_ __.. ....._ _. Date / Time By Date / Time By Processed 11116!2009 09:01 DIGEF Temp COO Issued COO Final Expires ssociated_Infarmation ... .... - _....... Valuation._ _ _ Type of Work # Plans 0 Declared Valuation 75000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Sill Group Actual Valuation 0.00 Square Footage 0.00 Name — PLANS REQUIRED Z8A APPROVAL CC WITH A PUBLIC HEARING FOR RESTRICTED USE PERMIT 511 -55 REQUIERED 1 - 0 EXPAND AN 1 I I EXISTING USE IN THE ALLEN ST SPECIAL ZONING DISTRICT 611-57 C.(3).NEG -DEC ASBESTOS SURVEY UNDER A/P 124884 Parent AIP # Project # ProjectlPhase Name Phase # Size/Area Size Description Address 245 ALLEN BUFFALO NY 14201- Location Contact ID AC330601 Mailing Address 245 ALLEN ST City BUFFALO ZIP /PC 14201 Day Phone Fax Occupant N From Contact ID AC 1258734 Mailing Address City 106 COLLEGE ST ZIP/PC 14201 Day Phone Fax Occupant N From Contact ID AC902505 Mailing Address 29 COLLEGE City BUFFALO ZIP /PC 14201 Day Phone (716)903 -8460 x Fax Occupant N From Name 245 ALLEN STREET LLC Organization StatelProvince NY Country USA Evening Phone Mobile # To Owner Y From 12103/2008 Name ALZAHER SHAQUI HUSSAIN Organization StatelProvince BUFFALO NY Country Evening Phone Mobile # To Owner Y From 02/22/2005 Name ALZAHER,SHAQUI HUSSAIN Organization StatelProvince NY Country USA Evening Phone ( )998 -8697 x Mobile # TO Owner Y From 1112612001 [-] Foreign To [. _] Foreign To 05/0612007 [ .) Foreign To 05/06/2007 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 11/1612009 09:22 AM Submitted By FLD GC Building Application Page 2 No Parcels are linked to this Application No Applicant Contacts Primary Y Capacity Type Effective Expire Contact 1D TBB Name TO BE BID Phone (716)851 -4924 x Fax Address 301 CITY HALL Comments BUFFALO, NY 14202 - APPLICANT: MARK GOLDMAN 912 -8980 999999 HIM AC125720 Check Fees APPLICATION FEE ($50.00) GC PLAN REVIEW - ASSEMBLY ($75,00) GC PMT, INSP, C OF O FEE - ASSEMBLY ($21.60) GC PMT,INSP,C OF O - INITIAL FEE ($200.00) ZONING BOARD FEE ($75.00) Check Inspections Check Reviews 484213 BCODEREV BUILDING COLE REVIEW 484215 CC APP COMMON COUNCIL APPROVAL REQ'D TO BE BID Fees Failed Unpaid Unpaid Unpaid Unpaid Unpaid Inspections Successful Reviews Failed Incomplete Incomplete Contact ID AC61487 Name MACCALUPO,P; CRITELLI,M; CANDINO,M A; GEAKF,M; Mailing Address 323 DEERHURST PARK BLVD Organization City BUFFALO State /Province NY ZIP /PC 14223 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05106/2007 Contact ID AC793686 Name MUGALLI,SHAWQI ALI Mailing Address 246 ALLEN ST Organization City BUFFALO State /Province NY ZIP /PC 14201 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 04110!2001 To 05/06/2007 � - St^ �- - '-.. ✓,� +3��s'�� -'�� A _ � .� y,y. �f�z� -+' � � Y �S'3 _ No Addresses are linked to this Application -� c' No Addresses are linked to this Application � ��� ������__= 3` >9s� � s's, �s4� �' � ?3�e��-���5 ! r�°✓e f'y�" - 'sue' � ��_�+� ,t fix- ��( 1007700003004000 No Parcels are linked to this Application No Applicant Contacts Primary Y Capacity Type Effective Expire Contact 1D TBB Name TO BE BID Phone (716)851 -4924 x Fax Address 301 CITY HALL Comments BUFFALO, NY 14202 - APPLICANT: MARK GOLDMAN 912 -8980 999999 HIM AC125720 Check Fees APPLICATION FEE ($50.00) GC PLAN REVIEW - ASSEMBLY ($75,00) GC PMT, INSP, C OF O FEE - ASSEMBLY ($21.60) GC PMT,INSP,C OF O - INITIAL FEE ($200.00) ZONING BOARD FEE ($75.00) Check Inspections Check Reviews 484213 BCODEREV BUILDING COLE REVIEW 484215 CC APP COMMON COUNCIL APPROVAL REQ'D TO BE BID Fees Failed Unpaid Unpaid Unpaid Unpaid Unpaid Inspections Successful Reviews Failed Incomplete Incomplete 484218 ELECTRICAL PLAN REVIEW REQ'D Incomplete 484216 FPLAN FIRE PREVENTION PLAN REVIEWREQ Incomplete 484214 LANDMARK LANDMARK PROPERTY DISCTRICT Incomplete 484217 PPLAN - PLUMBING PLAN REVIEW REQUIRED incomplete 484212 PRES PRESERVATION BOARD REVIEW Incomplete Check Conditions Conditions Failed MD MULTI - DWELLING PROPERTY Unapproved Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful ' Check Open Cases 0 Fees . Status Pai ZONING BOARD FEE U APPLICATION FEE U GC PLAN REVIEW - ASSEMBLY U. GC PMT, INSP, C OF O FEE - ASSEMBLY U GC PMT,INSP,C OF O - INITIAL FEE U Total Unpaid 421.60 There are no Inspections for this Report 484213 BCODEREV 0 N 11/16/2009 09:01 484215 CC APP 0 N 11/16/2009 09:01 484218 ELECTRICAL. 0 N 11/1612009 09:01 484216 FPLAN 0 N 11/16/2009 09:01 484214 LANDMARK 0 N 11/1612009 09:01 484217 PPLAN 0 N 14116/2009 09:01 484212 PRES 0 N 11/16/2009 09:01 Detail 1. PRIOR REQUIRED APPROVALS Comments No Comments Modified 6y. DIGEF Total Paid 75.00 50.00 75.00 21.60 200.00 0.00 Modified Date/Time 11/16/2009 09:20 City of Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851-5472 Repo Date 11 /16/2009 09:2 AM Subm itted By FLD P 4 PRIOR APPROVALS Bflo Arts Commission ❑ Arts Comm. Approval City Survey (con't) ❑ Subdivisions Permit Office ❑ Asbestos Survey ❑ Asbestos Abatement ❑ Special events ❑ Bond /Certified check ❑ Assessment Combination City Engineering Common Council ❑ Admin Office /Ap €s R4 ❑ First Insurances Check ❑ public Works approval ❑ Curb Cuts ❑ Beauty Parlor R2 ❑ Notarized Permission/ for portable sign one year ❑ Encroachment ❑ Canopy /Marquee ROW Lease showing Use ❑ Rodent/Vermin Bait encroachment ❑ Oversize Trucking ❑ Freestanding Sign ❑ SewerlWaier Cut ❑ Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition ❑ Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval �] Tree over 4" at 4' I� Restricted Use Permit E) Zoning /Use Check City Planning ❑ Other E) Thruway Sign approval [] Citywide Site Plan Subdivisions Environmental Review -) Preservation Board Preservation District ❑ Zoning Variance ❑ Urban Renewal ( S R.A. ❑ N.E.P.A. [ - -) Coniiguous Check City Survey ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain [] Title Held ❑ Water Retention Detail 2. PLAN REVIEWS Comments No Comments PLAN REVIEWS Modified By D1GEF Modified Date/Time 11/1612009 09:01 Plans Review Required ❑ Simple Plan Review by Permit Office (] One- and Two - Fancily Plan Review [] M it iple Dwellings Plan Review Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review [3� Plumbing Code Review (� Electrical Code Review ❑ HVAC (Mechanical) Code Review ❑ Elevator Code Review ® Fire Code Review MD N Revisions Required ❑ Revisions Required for Simple Plans (] Revisions Re.q`d for 1- and 2- Family Revisions Read for Mult_ Dwellings [] Revisions Req'd. for Bldg Code Rev. ❑ Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVAC /Mech. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau DIGEF 11/16/2009 09:01 City of Stiffalo 65 Niagara Square Buffalo, NY 14202 (716 )551 -4949 Fax(716)851 -5472 Report bate 11/16/2009 09.22 AM There is no planning condition for this project. No Records for This Search Criteria Submitted By FLD GC Building Application Page 5 J 0 No. of Residential Units Lost [] Residential [_] Work Without Permit (FINE) Dobns. 4 No. of Residential Units Added [ _J Commercial [_] Work Done by Owrier [._� Truss Construction LLLVATORS ] Zoning Board of Appeals you must till out the custom form on activity detail if there is ELEVATOR wain to be completed - Building Construction: A 360.00 Y X t 00009 E. Mauro, Agent, Use 928 Broadway -Alter l Story Masonry to HSF (Fill) ( nQ. �uG �r� REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, ZONING BOARD OF APPEALS c, i Y t NN ADDRESS ` PR5 77 OF AGENT /OWNER 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. City of Buffalo j �' USE Building Application 65 Niagara Square � Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 11/13/2009 11:03 AM Submitted By Mik Castr Page 1 AIP # 146774 Date i Time Processed 1111312009 1 0:25 issued Final By CASTM Temp COO COO Ex pires Date 1 Time By fated informatlo Type of Work # Plans 0 Declared Valuation 250000.00 Dept of Commerce # Pages. 0 Calculated Valuation 0.00 Priority Auto Reviews 13111 Group Actual Valuation 0.00 Square Footage 0.00 Name ➢��tlptiran�t.l6t�k� - � - ZBA Required — Plans required„ k 511 -136 (Human Services Facility)Common Council review w/o hearing or fee required. Alter of use from a 1 story masonry a uto service cent to a Human Services Facility. Parent AIP # Project # Project/Phase Name Phase # SlzelArea Size Description Address 928 BROADWAY BUFFALO NY 14212 - Location Contact ID AC250572 dame 2468 GROUT' INC Mailing Address 295 MAIN ST STE 210 Organization City BUFFALO StatelProvince NY ZIPIPC 14203 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/23/2007 Contact ID AC918240 name 2468 CROUP, INC Mailing Address 295 MAIN SUITE 210 Organization City BUFFALO State /Province NY ZIPiPC 14203 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 11/2612001 ContactfO AC316676 Name INC. 6253 GROUP Mailing Address 295 MAIN ST STE 210 Organization City BUFFALO StatelProvinco NY 7JP1PC 14203 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/2312007 To To 05/06/2007 To ❑ Foreign ❑ Foreign ❑ Foreign City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 11/13/2009 11:03 AM Submitted By Mike Castro C o ntact ID AC77419 Name 6253 GROUP, INC Mailing Address 295 MAIN ST SUITE 210 City BUFFALO ZIPIPC 14203 Day Phone Fax Occupant N From TO No Addresses are linked to this No Addresses are linked to this Application 1113600002026000 No Parcels are linked to this Application No Applicant Contacts Page 2 Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 05/2812000 To 05/06/2007 Primary Y Capacity Typo Effective Expire Contact ID 2446 Name ELLICOTT CONSTRUCTION JNC.(GNC Phone (716)854 -0060 x Fax Address 210 ELLICOTT SO, SUITE 210 Comments BUFFALO, NY 14203 - No Comments `' ✓ ^ 3�' aµ �`f ter' ry , *ct - `- a.Fa 534646 HIM AC663014 CARL PALADINO Chock Fees APPLICATION FEE ($25.00) Check Inspections Check Reviews Check Conditions Check Alert Conditions Check Licenses HIM Check Children Status Check Open Cases Fees Failed Unpaid Inspections Successful Reviews Successful Conditions Successful Alert Conditions Successful Valid License(s) License Valid Children Successful 0 USE Building Application APPLICATION FEE LJ 25.00 ZONING BOARD FEE A 75.00 Total Unpaid 100.00 Total Paid 0.00 City of Buffalo 65 Niagara Square Buffalo, NY 142072 (716)851 -4949 Fax (716)851 -5472 USE Building Application Report Date 1 1/13/2 1 1:03 A M T Su b m i tt e d By Mike Cast Page 3 There are no Inspections for this Report There are no Review Activities for this Report No Activity Review Details No Conditions There is no planning condition for this project. No Records for This Search Criteria ❑ Work done by owner Zoning Board [] Residential ❑ Work with out Permit (FINE) Commercial FLAT FEES ❑ Muniple Dwelling Existing Use New Use p ❑ Electrical Dwelling Units Rost E) Plumbing Dwelling Units Added U ❑ Heating Debris f There are no Items in this list No Employee Entries No Log Entries and APPLrcvoC APPLICATKON FOR i-€UNIAN SERVICES PMESTRICTED USE PERMIT Date r f 20 51� Business Name � � Business Phone c. Its €. - fie "`�a Business Address l a '�� `° K Zi (No., Street) (City, Town or it ge) (State) ( p) Human Service Facility Address 4 &0 c Buffalo, New fork � %, (No., Street) Business Standing: Private Entity- Ll Public Entity Applicant N'anae Applicant Address (No. Street) (City, Town o llage) e) (ZIP) Applicant's Business Position: Owner Partner Corporate Officer Other 3( cc.� �'��'�' E'� �� Rus! ess operational Irlrarmg FCaI Type of Facility: Food Pantry Soup Kitchen Walk -in Center Drop -in Center - Counseling Conter_ Detention Center _ Temporary or Short -Term Shelter Residential Treatment Facility (Correctional Purposes) Transient Housin Substance Abuse Community or Residential Treatment Facility Detailed description of the Proposed Other Page 1 of 2 Applicant Phone # ` `? .P�il APPLICATION MUST HE COMPLETED IN FULL. Business Operation Information / Facility DayslHrs of Operation Number of Individuals Serviced (weekly)117L - / F mpaorintinnl tJ_2`I LA i= Number of Residents to be Housed (if applicable) f / Degree of Supervision at Facility Demonstration Of Need (Why Services are neededlWhy this cation and etc.) �� (! Y --6,-,L- J LA -C �Y yC tJd i C_-z , - Other Pertinent Information w ` { Applic -M si patu e 1"? Subscribed and sworn to before me this day of l t i t�, ommis loner of Deeds in and for the STACEY S 9po New York Notary public, State of New York Erie County Lic. #006199838 Comm. Expires 01/20/2013 Page 2 Of 2 1 1 l s f� -413 301 CITY HALL 13UFFALO, N.Y. NOTICE O F APPEAL (To be filed in duplicate with the Comm. Public Works, who will forthwith transmit to the Hoard of Appeals all papers constituting the record in the matter or, in lieu thereof, certified copies of same:} , Appellant. FROM P..._:_... P Gentlemen: Concerning the Application dated Buildin _ . permit. For ands s , At Premises which was Nn _Gnov*4 by the Comm. Public Works. The reason for Appeal 11cais under section paragraph from the 4 f This notice a# an Appeal from said denial or grant is herebygiven within the twenty days or three days, respectivelq, as required, from the date of the decision of the Comm. Public Works. file in du with the required data thereon and here -with 1 will duplicate all of the official forms Of app p request duplicate copies of said official forms for said purpose. ignature of Appellant. Address e Dated P9 �, EDPiS 7106,.., CITY OF B DEPARTMENT OF PERMIT & INSPECTION SERVICES Byrom W. Brown, .Mayor J Date Filed �� T 13 20 Ld Appeal from the Decision of the Department of Permit and Inspection Services 7o tfu Beard °f .�PpealsR An appeal is hereby taken From the decision of the Commissioner of Permit and Inspection Services if 20 a copy of which is attached, for the purpose of reversing or modifying said decision to affect a variation from the requirements of the Zoning Ordinance, so as to permit the: Erection, Extension, Alteration, Conversion, Use of i a- . accordance with theapplicati6n and plans filed with the Commissioner of Permit and Inspection Services, as herein below described: No. AveJSt. on North/South/EastJWest side of said AveJSt. fj d'_ of- r,d ; Ave. /St. Distant / d Name of Appellant f __ �r Address f,t���.1 f� t,- "d� > Name of Owner ��, / � ��I /,// � �� �{ �/ f —Addres Size of Lot . z. ft. front x e-) 2- . deep -(or if irregular see plat). Front yard to be €t. of Rear yard to be _.._...._ . �. T 1017 Side yard to be fr. width of Side y and to be A. BUILDING 1 PROPOSED -413 301 CITY HALL B[IFFAI.O, N.Y. 140TICE OF APPEAL (To be filed in d with the Carom. Public matter or, in 1 eu hereof, transmit t certified Board of Appeals all papers constituting th -copies of same) , Appellant. z .eve" Gentirmen: /3 Con_ cerning the Application dated For Build Permit. At Premises which was was 6i� 4mmd by the Comm. Public Works. The reason for Appeal _ paragraph from the is under section .� This notice of am Appeal from said den ial. or grant is hereby.given within the twenty days or three days, ceapectively. as required, from the date of the decision of the Comm Public Works. du licate all of the official forms of appeal with the required data thereon and here -with Y will forthwith file in p request duplicate copies of said official forms for said purpose. ignature of Appellant. Address SOL# 111.38 -2 -25 " No. 304 WILSON STREET ✓5. ULUAN WECKSLER c ZONED R-2 1 irrF CYA? rAa wl - ,r f1.38 -2 -JS STRAUSS ST. oaa7c r.aaY las• auavu+r mrrr rND PK NAIL 121167'D dL 127.6:tM FW COR A607( A - E WALL Jr. f/ 6.35`Ik. 0.7E _ 4ED R -2 I - - - UP °"� ! e 304 „”- 11.36 --2 -34 STRAUSS 5T. WILSON WOOD STOCKADE FENCE 0 � 4ED R -2 G7 t 4 � °'• — CONC• BLOCK to N O ENCLOSURE OUMPSTER Q CONCRETE. - •— m.38 -2 -33 'j 1 STY. STRAUSS ST- o , FRM - T - - TEUU KOWALENSKI NEO R -2 2' DIA. - SBL# 111.36 -2 -28 `. Q\ No. 928 BROADWAY - •� CONC. a el L 2 DIA. CONC. BA5E 84 GROUP INCORPORATED ION EO C 5 S FT. AREAS 26.384 G. f v / � uTT - -� -� � • • - • .. BRICK PILLAR NtDC. - Ik1.36 -• 2 ^32 p 4) 06 60.80 Q) - . STRAUSS ST. PARKING - TELLA KOWALENSKI . - - BUMPER - - NED R -2 u 2a' WIDE PAVEMENT - a cm ad a' r ae■ 111.36 -2 -31 - - 4 BROADWAY - LINCOLN BANK - p - CONCRETE - NED C -3 z - PAVEMENT 0, 1 STORY I BRICK BUILDING NO.928 r 11 "3a -2 -27 i BROADWAY IDWAY FASHION INC. SEA G-3 • ♦ .,.�•� !f ] n i:;fin pARALLU w151RAUBS STRErr G • H&A SURED A r RICH r Aiva FS - - - PARKING BRICK PILLAR ctm BUMPER cur 1.75' _ :.. "K l•.. -[} ,{: ' � r7. •y � '�1' n'. 1 STY. I FIRM: BLOC.} ' „�- �DG "� itis %t'ri "s"._•..4f� FNO CVT i. P.O.B. wp vyA r tZfC 60.48' � 9►A ii cur o.IS'w .is " vAfRr ills, 5 tl�E ar a wr .F g A 000V11 W. Paladino, Agent, Use 2094 Niagara St, Erect a Frame Convenience Store with Modifications to Existing Parking(North) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD O FFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SO LE, 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 1 have been informed as to the time and place for the public hearing regarding: to be held in the Council Chamber, 13th Floor, City Hall On: AT 2:00 PM I am also inforrrred 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 � 26 Agent or Owner) Print Nnnae_�! ,1� .��7 {�Ula� Phone �� �.e..C7 U � r� ,. ➢ SY '1 f' ATTENTION: PLEASE AL SO CONTACT BILL GRILLO PRINCIPAL PLANNER 851 -5086 FOR PLANNING BOARD MEETING. City of Buffalo 65 Niagara Square Buffalo, NY 14202 ( Fax (716)851 -5472 -_.... ............ - Report Date 19/18/2009 0 PM Submitted By PLD A/P # 144711 1 Stages-_...._ - Date / Time By Date / Time By Processed 11/09/2009 13:15 KRUGD Temp COO Issued COO Final Expire .Asa(wiatedfmictmation -. - -_ _ ......._ - -- Valuation -- ...... ..... _ Type of Work # Plans 0 Declared Valuation 400000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 14 Priority. Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name J _Descdption..pf Work_- __ - - _ COMMON COUNCIL APPROVAL REQUIRED, SECTION 511 -68 D, FOR NEW USES IN THE NIAGARA RIVER COASTAL SPECIAL REVIEW DISTRICT, PUBLIC HEARING REQUIRED, CITY PLANNING APPROVAL REQUIRED, ERECT A FRAME CONVENIENCE STORE WITH MODIFICATIONS TO EXISTIN PA RKING. P LANS REQUIRED. - ......._ _.. i Parent A/P # Project # Project/Phase Name Phase # Size /Area Size Description Address 2094 NIAGARA BUFFALO NY 14207 - Location Contact ID AC333840 Name LLC 10796 GROUP Mailing Address 295 MAIN ST SUITE 210 City BUFFALO ZIP /PC 14203 Day Phone Fax Occupant N From To Organization State /Province NY Country USA Evening Phone Mobile # Owner Y From 02/25/2009 To (- ) Foreign Contact ID AC1223463 Name FBO DANIELLE CANAZZI IRA EQUITY TRUST CO_ CUSTODI Mailing Address C/O CANAZZI KEITH Organization City 14.4 MONMOUTH State /Provinco TONAWANDA NY ZIP /PC 14150 Country [.) Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/0612007 Contact ID AC1102968 Name BOB KOERNTGER Mailing Address 141 FERNWOOD LN City GRAND ISLAND ZIP /PC 14072 Day Phone (716)913 -6544 x Fax Occupant N From To ......... . . Organization State %Province NY Country USA (_) Foreign Evening Phone Mobile # Owner Y From 06/21/2002 To 05106120 07 City of Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (710)851 -5472 Report Date 11/18/2009 02:20 PM � Submitted By FLD Page 2 7 ct ID AC26000 Name CHARLENE G SCHOLES RICHARD L & g Address 2094 NIAGARA STREET Organization BUFFALO State/Province NY ZIP /PC 14207 -2033 Country USA Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05106/2007 x r W� �r> No Addresses are linked to this Application No Addresses are linked to this Application _-- == s. "� - a" ,sue'': "d`° " ,�, a�n�?'""`'�� _ 3 M y -- 0882400001009000 _ No Parcels are linked to this Application �.., No Applicant Contacts _ .-- z' - „� ^mss -�� =... ,ax.- �.hfs. �^ ..� ::;;� O'rs�ft� ry�3$r m ^ "r�f Primary Y Capacity Type Effective Expire Contact ID 2446 Name ELLICOTT CONSTRUCTION INC.(GNC Phone (716)854 -0060 x Fax Address 210 ELLICOTT SQ. SUITE 210 Comments BUFFALO, NY 14203 No Comments 534646 HIM AC663014 CARL PALADINO APPLICATION FEE U 50.00 GC PMT,INSP,C OF O - INITIAL FEE U 200.00 '. Tntni I fnnnitf 75f} nn Tntal P;40 000 City of 61iffa10 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851-5472 Report Date 11/1 812009 02:20 PM No Conditions There is no planning condition for this project. No Records for This Search Criteria 0 No_ of Residential Units Lost ] Residential ..) Work Without Permit (FINE) Debris: 0 No_ of Residential Units Added Commercial (} Work Done by Owner )Truss Construction ELEVATORS Zoning board of Appeals You must fill out the custom form on activity detail if there is ELEVATOR work to be completed !, Building Construction: There are no items in this list There are no Items in this list No Employee Entries No Log Entries City Clerk's Department BUFFALO November 25, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, f present herewith the attached resolution item. No. 61 B. Baumker, Agent, Use 474 Hertel Ave, for a Ground Sign (North) (No pub hrg) PASSED November 24, 2009 Gerald A Chwalinski City Clerk Z� : I I M L IJ6 b 0Z V V V V B. Baumker, Agent, Use 474 Hertel Ave, for A Ground Sign(North)(no pub hrg) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD [A P P R 40 VA E C - 7 2009 P �.. q- �44e( ) NAME OIL 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. LA u MESSAGE TO APPLI , ASE CONTACT BILL GRILLO OF THE CITY PLANNING BOAR (851 -5056) TO ETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL:" �' C'c ...................... City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (7i6)85i-5472 Report Date 11123/200 1 1:16 AM AIP # 147274 v Date 1 Time By Date 1 Time Processed 11/23/2009 11:10 CASTM Tomp COO Issued COO Final Expir By Associated_ Information ----- ....___ ...._...— Type of Work # Plans 0 Declared Valuation 5000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority [ Auto Reviews Bill Group FLAT Actual Valuation 0,00 Square Footage 0.00 - Name DesGription_ofWork. - – _.. - COMMON COUNCIL APPROVAL WIO HEARING OR FEE_ REQUIRED — GROUND SIGN 387 -19 IN A C2 DISTRICT _ _ _ .._ - - .... Parent A/P # Project # ProjectlPhase Name Phase # Size /Area Size Description Address 474 HERTEL BUFFALO NY 14207- Location Contact ID AC337544 Name 4 476 HERTEL AVENUES LLC Mailing Address 5875 S TRANSIT RD O Organization city LOCKPORT S State /Province NY ZIPIPC 14094 C Country USA Day Phone E Evening Phone Fax M Mobile # Occupant N From To O Owner Y From 11/22/2009 To Contact ID AC 1210756 Name N NAPOLI JOSEPH NAPOLI IGNAZIO Mailing Address O Organization City 5841 TRANSIT RD S State /Province EAST AMHERST NY ZIPIPC 14051 C Country Day Phone E Evening Phone Fax M Mobile # Occupant N From TO O Owner Y From 02/22/2005 To 0510612007 Contact ID AC13295 Name WITKOWSKI MARGARET Mailing Address 682 FLETCHER ST city TONAWANDA ZIPIPC 14150 Day Phone Fax Occupant N From To No Addresses are linked to this Application [] Foreign [) Foreign Organization State /Province NY Country USA Foreign Evening Phone Mobile # Owner Y From 05128/2000 To 05/06/2007 No Addresses are linked to this Application l .... ......... ..... _ . . . . . .. .. ........ ..... _ City of Buffalo 65 Niagara Square Buffalo, NY 14202 (7'16)85'j-4949 Fax (71G)851 -5472 Report Date 11/23/2009 11.16 AM Submitted By Mike Castro j No Activity Review Details No Conditions There is no planning condition for this project. I No Records for This Search Criteria �_) Work Done by Owner GRNDSIGNCO FLAT FEES NO. TYPE OF SIGN SIZE(S) 0 Pole Sign 1 Ground Sign 5'X10' '- 0 Wall Sign 0 Awning Sign 0 Advertising Sign 0 Projecting Sign 0 Roof Sign = 0 Zoning District: C2 There are no Items in this list No Employee Entries (_) Zoning Board of Appeals U Work Without Permit (FINE=) TOTAL SQ,FT. HEIGHT _ 0 0.0 = 50 5.0 = 0 = 0 0 = 0 = 0 No Log Entries t ja " = " AV am �a N V 317 Wheeler Street Tonawanda, NY 141SO w w w . r coxsign.Com w i c o x s i g n. c o m # ;s *AYE *NO* FONTANA * '� * FRANCZYK * GOLOMBEK * KEARNS * LOCURTO * rc RUSSELL * '� SMITH * * * Maj -5 213- 6 * '� 3/4 - 7 '� 00062 Petition We-the - people of the Broadway-Fillmore Community are opposed to the closing of our Post Office branch at 1035 Broadway We desperately need these services / Please keep this branch open Print Name Signed Address E REFERRED 77 �"` 0 N MM Fin U M /C� ell, 44 ir. Ji) yd 1 4 't Jklu L f c q - 5 Wz C N E REFERRED 77 �"` 0 N MM Fin U M L.� 1 rJ CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) City Clerk's Department BUFFALO November 25, 2009 HON. BYOON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 63 Appt Dispatcher (Perm) (4' Step) Coughlin (PW) PASSED November 24, 2009 Gerald A Chwalinski City Clerk C� = I 1 HV L— JjQb gZ CJ �i 00063 r Y Appt Dispatcher (Perm)(0 step) (Coughlin)(PW) (ecp# 31 11/10) Mrs Russell moved That Communication 31 of November 10, 2009 be received and Filed and that the Permanent Appointment of Joseph P. Coughlin, 89 Edgewood Avenue, Buffalo, NY 14220 at the 4 step of $36,095.00 is hereby approved. PASSED AYES - 8 NOES - 0 R � 1 Recommended by the Committee on Civil Servicei�� DEC APPROVED .- 7 2-000 YOR 4 t AYE NO FONTANA K FRANCZYK x GOLOMBEK x x KEARNS LOCURTO RIVERA RUSSELL ' � x SMITH T X 7C 3C Maj - 5 * '� 2/3- 6 3/4- 7 City Clerk's Department BUFFALO November 25, 2009 HON, BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 64 Appt Heavy Equipment Operator (Perm) (Inter) (Maund) (PW) PASSED November 24, 2009 Gerald A Chwalinski City Clerk 6C : i I WV L- 3':I HOZ 0006 Appt Heavy Equipment Operator (Perin)( Inter) (Maund)(PW) (ccp# 32, 11110) Mrs Russell moved That Communication 32 of November 10, 2009 be received and Filed and that the Permanent Appointment of bale M. Maundy, 16 Wheelock, Buffalo, NY 14206 at the Intermediate Salary of $37,652.00 is hereby approved. PASSED AYES - 8 NOES - 0 Recommended by the Committee on Civil Service APPROVED DIN 7 2W9 J * AYE * NO FONTANA FRANCZYK GOLOMBEK * KEARNS * '� LOCURTO * x RUSSELL * SMITH * * * * * * Mai - 5. * �` 2/3- 6 3/4- 7 City Clerk's Department BUFFALO November 25, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO r i r Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 65 Appt Sr. Account Clerk Typist (Prov) (Max) (Merk) (PW) PASSED November 24, 2009 Gerald A Chwalinski City Clerk CC -. i j JIV L- 31J HOZ 00065 3 U Appt Sr Account Clerk Typist (Prov)( Max) (Merkl)(PW) (ccp# 33, 11110) Mrs Russell moved That Communication 33 of November 10, 2009 be received and piled and that the Provisional Appointment of Madalene Merkl, 146 Downing St, Buffalo, NY 14220 at the Maximum. Salary of $35,028.00 is hereby approved. PASSED AYES - 9 NOES - 0 L L Recommended by the Committco on Civil Scrvicc _ DEC 7 2,009 3 AYE NO * FONTANA * '� * FRANCZYK * '� * GOLOMBEK * KEARNS x LOCURTO * RIVERA * RUSSELL * '� * SMITH * Maj -5 2/3- 6 3/4 - 7 City Clerk's Department BUFFALO November 25, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, 1 present herewith the attached resolution item. No. 66 Appts Truck Driver (Perm) (Inter) (Chapman, Cunningham, Pace, Pitts) (PW) PASSED November 24, 2009 Gerald A Chwaiinski City Clerk i .�' L-- JIG 6 0Z 00006 Appts Truck Driver (Penn)(lnter) (Chapman, Cunningham, Pace, Pitts)(M) (ccp# 34, 11 /10) Mrs Russell moved That Coin znunication 34 of November 10, 2009 be received and Filed and that the Permanent Appointments of Jerry Chapman, 436 Langfield Drive, Buffalo, NY 14215, Antoinette N. Cunningham, 288 Hemstead Avenue, Buffalo, NY 14215, Carmen T. Pace, 230 Tacoma Avenue, Buffalo, NY 14216 and Kenneth N. Pitts, 7 Highview Court, Buffalo, NY 14215 at the Intermediate salary of $33,418.00 is hereby approved. PASSED AYES - g NOES - 0 Recommended b the Committee on Civil Service }� (! } .. U , " +, Recomm y 01C � 2009 * AYE *NO * * FONTANA * �` * FRANCZYK * GOLOMBEK * KEARNS LOCURTO * * RUSSELL * SMITH * '� * * Maj - 5 213- 6 3/4- 7 * �` City Clerk's Department BUFFALO November 25, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 67 Appts Truck Driver (Perm) (Max) (Carney, Fiorella, Long, Wagner) (PW) PASSED November 24, 2009 Gerald A Chwalinski City Clerk 00067 Appts Truck giver (Perm)(Max) (Carney, Fiorella, I.,ong, Wagner)(PW) (ccpff 35, 1 1110) Mrs Russell moved That Communication 35 ofNovern.ber 10, 2009 be received and Tiled and that the Permanent Appointments of Sean F. Carney, 3940 Clinton St., West Seneca, NY 14224, Joseph J. Fiorella, 393 Porter Ave, Buffalo, NY 14201, Shannon V. Long, 51 Schutrum Street, Buffalo, NY 14212 and Gregory R. Wagner, 16 Augusta Street, Buffalo, NY 14220 at the Maximum Salary of $35,955.00 ', �etet,.� PASSED AYES - 8 NOES - 0 Recommended by the Committee on Civil Service � ` 1 ; N D I C 7 2009 * AYE *NO * Maj - 5 2/3- b 3/4- 7 FONTANA FRANCZYK GOLOMBEK KEARNS * '� InCURTO RIVERA RUSSELL SMITH * * * * * * * * * * * * * * * x * * * OOOGS O Notices of Appointments- Temp /Prov /Per►n(Cty Clk) (1146, 11110) Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service k t (I FINANCE (MICHAEL P. KEARNS, CHAIRPERSON) City Clerk's :Department BUFFALO November 25, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO F11M Pursuant to the provisions of Section 3.19 of the Charter, I present herewith the attached resolution item. No. 69 Lease Bflo Gneral Hospital Parking Ramp to Bflo Nia Med Campus (Ell) (Mayor) (hrg 11124) PASSED November 24, 2009 Gerald A Chwalinski City Clerk No. Lease Buffalo General Hospital Parking Ramp to Bfo Nia Med Campus(Ell)(Mayor)(hrg 11124) (CCP# 3,11110) That the above item has been sent to the Common Council without recommendation. Michael P. Kearns, Finance Committee Chairman A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On motion by Mr. Fontana, seconded by Mr. Kearns, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - Mr. Kearns, Matt Estice, Mr. Fontana, Brandan McHaffey Mr. Fontana now moved that the hearing be closed. Seconded by Mr. Rivera CARRIED. Mr. Fontana moved to take a 5 min recess at 2:55 pm. Mr. Fontana moved to reconvene at 3:00 pm Mr. Fontana now moved to approved said Item seconded by Mr Rivera PASSED AYES --- FONTANA, FRANCZYK, GOLOMBEK, LOCURTO, RIVERA, RUSSEL, SMITH - 7 NOES - KEARNS - 1 1"") Lease of Buffalo General Hospital Parking Ramp to BLlffalo Niagara Medical Campus, Inc. (Itern No. 3, C.C.P., Nov. 10 2009) 0 C ;� 14 Im That the above item be, and the stone hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Mayor be, and he hereby is authorized to enter into a lease between the City of Buffalo and Buffalo Niagara Medical Campus, Inc., for use of city -owned property commonly known as the Buffalo General Hospital Parking Ramp, under the same terms and conditions as listed in the above communication. That the Common Council has adopted the Findings Statement in accordance; with Article H of the New York State Environmental Quality Review pct of the New York State Environmental Conservation Law (SEQRA) and 6 N.Y.C.R.R. fart 617. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to said lease and that the Mayor be authorized to execute the same. Passed. Recommended by the COMD IittCe on Dina] e Chairman APPV TAK i DEC, - 7 2009 Thvj)60lmssvordlrmv\3d 1-10c (toe * AYE * NO * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA iC RUSSELL SMITH Maj - 5 2/3- 6 3/4- 7 000'0 Ef Re: Payroll Audit of Common Council Staff (C Pres) ( #12,11/10) Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance I) 0007-1 Budget and Personnel .I-Nmendment Department of Public Works, Parks & Streets 33 — 1065 Telecommunications 40 144 Parks Administration (Item No. 96, C.C,P., Nov, 10, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Kearns moved: P ` r' Th thVdd gct lid Pe onnel �mendt cnt as c Ztaine 'n Ite N . 96, C.C.P., Noveinberl 0, 9 be a �d e sal�€e he b s approved. P Recommended by the Committee on Finance C an 1 'A1 -3 :rmv t:wp60lmwordlmmvl96c I I -I Oc.doc Mr. Kearns moved that the above item be recommitted to the Committee on Finance 00072 Council Staff Audit (Compt) ( #9, 10/13) Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 1 COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRPERSON) 00073 Report of Sale — 59 Fillmore Avenue l� (Item No. 6, C.C.P., Nov. 10, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved. That e offer from 1l0. l T. Brezniak, residing at 61 Fillmore Avenue, in the sum,flfQz T usand and e Hu dred Dollars 900.00) for the r base of 59 Fiilm A ,�nue, be atl Hereby s accepted;,aid That t e transf � tax, recor ng fee and cost Vicanning scription Vshall paid pfrchaser; and ' That th xecutive Director, Office of Strata be authorized to prc necessary documents for the transfer of title and yor be authorized to vute the same. Passed. Recommended by the Committee on Community Development _ _ _ Chairman TAB:rmv 'r:\NvV Wmswor&nnv%c1i -10c fi4' Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED 00074 Report of Sale — 112 and 116 Jersey Street (Item No. 7, C.C.P., Nov. 10, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: ,That the r front Ms. Jen i r A. Gill, residi at 11 S Jersey Street, in the sum of Throe Thou nd nd Three H dre Dollars ($3 0.00 for the pu h ses of 112 and 116 Jdsey S eet, b and they reby re accepts ; and Tat the tra sfer to , recordi � fees d cost of 1 gal d criptio sha e paid by the p re aser; and That the E ec j Director, tee of Strategic Planning be authorized to prepare the n cessary doc nts for the transfer of title and that the Mayor be authorized to execute the same. Passed. Recommended by the Committee on Community Development r _ Ch airrrlan TAB:ima TA A Oc Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED M. Shapiro - Coalition for Economic Justice -DGEIS Re: Canal Side Project (x'54, 11 /10) That the above item is Hereby referred to the Special Committee on Waterfront Development. ADOPTED Recommended by the Committee on Community Development 00076 Assessment Reform in the COB (Assess) ( 964, 11 / 10 }(# 16, 10/27) That the above item. be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development • l \ 0007'7 Report of Sale --- 1606 Jefferson Avenue (Item No. 8, C.C.P., Oct. 27, 2009) (?Item No. 76, C.C.P., Nov. 10, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the o r from Phyllis rver, residing 4 Brunswi oulevard, in the sure of/one tho an and nine hu red ollars ($1,9 .00 for p or se of 1606 J46rs€ Ave ue, be an ereby s accepte , and / T the Vin , recordi 7 ties a d cost or cga� escrpi1 11 N VU I" Uy the urc aser, an That the rategic la ��g be autho ' ed to prep r he neces �arry do u eats forth f title a hat the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. Recommended by the Committee on Community Development Chairman r:1�vpG0�rnscvordlrmvl8 ]U- 2'7c.doc Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED R. Fontana -P. Ross- Concerns Poor Conditions at Houghton. Park (938, 10127) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Developme �i 00079 D. Grzebielucha- Concerns Abandonment Sale of Portion of South Pierce (Y39, 10127) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Deve r Itiit i /l 00080 Assessment Reform in City of Buffalo (Item No. 82, C.C.P., Oct. 13, 2009) That the Common Council adopts the above resoluti(Al. Adopted. Recoin mended by the Committee on Community Development _.______ Chairma TAB : rmv T wW)Mmswordlrmv182c10 -13c_ oc 4 T, 1 ©0081 Opinion of CC on COB Jurisdiction Over Properties Owned by the PBA (CC) ( #40, 5/26) That the above item be the same and hereby is Received and Filed, ADOPTED Recommended by the Committee on Community Developmen � LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) �� ` City Clerk's Department BUFFALO November 25, 2009 HON_ BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 82 J. Maucailla, Owner, Use 2144 Niagara for a Take -Out Restaurant and Convenience Store (North) (hrg 11117) PASSED November 24, 2009 Gerald A Chwalinski Ci Clerk �1 00082 J. Maucailla, Petition to use 2144 Niagara Street -- Take -taut Restaurant and Convenience Store (Item No. 55, C.C.R, Nov. 10, 2009' ) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on November 17, 2009, the petition of J. Maucailla, owner, for permission to use 2144 Niagara. Street for a take -out restaurant and convenience store be, and hereby is approved. Passed_ Recommended by the Committee on Legislation — Chairman TAB.-rmv I APPRO M, ED t: \%vp60Njw;svofd\ :rm055c 11 -1 0 F(, - l 2009 0 r� f.: e * AVE * NO FONTANA �c FRANCZYK x GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL X SMITH * �` �iC !C 3C ]rc 7�G 7k ii Mai - 5 * �` 2/3- 6 3/4- 7 City Clerk's Department BUFFALO November 25, 2009 HON, BYOON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 83 T. Fox, Agent, use 960 Busti to Convert a Warehouse to 23 Apts and 1 St Floor Commercial) Use (Nia)(hrg 11/17) PASSED November 24, 2009 Gerald A Chwalinski City Clerk u i i 14V L-- jjG 6O Z Cl i 00083 T. Fox, Petition to use 960 Busti -- Convert Warehouse to 23 Apartments and 1' Floor � Commercial Use d ' (item No_ 56, C.C.P., Nov. 10, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on November 17, 2009, the petitionand use I" floor 9 fl or for commercial use st to convert a warehouse into 23 apartments be, and hereby is approved. Passed. IN IN Recommended by the Committee on Legislation Cha rman TABirmv IAPPROVED t:\wp6ygns%vordl:rmv15&If -IOCA c DEC - 7 2009 1_\ t! F AYE NO FONTANA FRANCZYK GOLOMBEK KEARNS * LOCURTO * '� * * RUSSELL * '� * SMITH Maj -5 2/3- 6 3/4- 7 * � � 00084 A. Lojancono, Petition to use 1518 Hertel Avenue -- Convert l Story Masonry to a Take -Out Restaurant (Item No. 57, C.C.P., Nov. 10, 2040 That the above item be, and the salve hereby is, returned to the Common Council without recommendation. Mr- Colombek moved: T it after the public hearing befog th Committee on Let; station on November 17, 2009, t pe 'tion of A. janco , own for per 1sslon to use 1518 l Avenue o conve - t a 1 sto masonry ty sa o a takeout restaurant be, and herebOs apprq cd. Passed. Recommended by the Committee on Legislation__€ Chairman TAB:rmv tVvp60l n,gvv ordl:mM57c E 1- 10c.doe P-L, 0 Mr. Golombek moved that the above item be recommitted to the Committee on Legislation. 000 8 j Info -LISPS Proposed Closures (CCPres) ( 913, 11/10) That the above item is hereby referred to the Committee on Community Development. ADOPTED Recommended by the Committee on Legislation i City Clerk's Department BUFFALO? November 25, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, f present herewith the attached resolution item. No. 86 Bryant and Hodge St Signs within city ROW (Nia)(PW) PASSED November 24, 2009 Gerald A Chwalinski City Clerk U . 11 W4 L- 3306901 00086 Sims — 219 Bryant at Hodge (Item. No. IS, C,C.R, Nov. 10, 2009) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "Mere License" to Women and Children's Hospital, to install signs on Bryant and Hodge Streets, which would encroach city right - of- -way at said addresses in the vicinity of the hospital, subject to the conditions as listed in the above communication. Passed. Recommended by the Committee on Legislation _ MIA W Chairman �J TAB t Awp60% m.qwor&rmvA 5d 1- 10c.dix AP P R OVED DEC - 7 2009 -�a C * AYE * NO * FONTANA * '� FRANCZYK GOLOMBEK * '� KEARNS LOCURTO RiVERA " � RUSSELL * SMITH * * Maj - S. * �` 2/3- 6 * �` 3/4- 7 * '� City Clerk's department BUFFALO November 25, 2409 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 87 Bus Shelter (7) Within City ROW (Var) (PW) PASSED November 24, 2009 Gerald A Chwalinski City Clerk Ct, , 1114V L- 330 GOOZ 00087 Bus Shelters (7) City Right -of -Way (Item No. 16, C.C.P., Nov. 10, 7009) That the Commissioner of Public Woks, Parks and Streets be, and he hereby is authorized to issue: a "Mere License" to Robert W. Gower, Mana of Service Planning for the Niagara Frontier Transportation Authority, for the installation of seven (7) bus shelters, as more fully described in the above communication, which would encroach city right-of-way at said addresses, subject to conditions, as listed in the above communication. Passed. Recommended by the Committee on Legislation Chairman `FAB:rmv I t DEC - 7 2009 * AYE *NO* * FONTANA * FRANCZYK * GOLOMBEK * KEARNS * �` * LOCURTO * '� * RIVERA '� x RUSSELL * SMITH * * * * * Maj - S * '� 213. 6 * �` 3/4- 7 00088 City of Buffalo Snow Plan (PW) ( #19, 11110) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 4 �L9— 00083 Food Store License — 2154 Genesee (Item No. 39, C.C.P., Nov. 10, 2009) That the above itern be, and the same hereby is returned to the Common Council without recommendation. Golombek uit to C apter 104 of th City 0 6es be an he 'ereby is au hori. dlbla Thing "n the Spot to �d �.ed'to grant 4 F at 2154 Gene it and to Recommended by the Committee on Legislation Chairman TAB:rniv `!':\ivp6O �nscvordlttnv}39c11 -I Oc.doe Mr, Golombek moved that the above item be recommitted to the Committee on Legislation. City Clerk's Department BUFFALO November 25, 2009 HON. BYOON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 90 Restaurant Dance License Renewal — 274 Delaware (Ell) (EDPI) PASSED November 24, 2009 Gerald A Chwalinski City Clerk I Aj L 33000Z 00090 Restaurant Dancing Class IV — 274 Delaware Avenue (Item No. 41, C.C.P., Nov. 10, 2009) That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to graft a Restaurant Dancing Class IV License to Andrew Munro d /b /a Underground located at 274 Delaware Avenue. Passed- (t Recommended by the Committee on Legislation � Chairm n TAB:miv t:Iwp60 )jnswordimrv141 c 11 -10 c. doe APPROVED D V C 7 2009 �F AYE NO * FONTANA * FRANCZYK * GOLOMBEK * KEARNS * �` * LOCURTO * '� * K RUSSELL * SMITH * * * * * * * * Maj - 5 * �` 2/3- 6 3/4- 7 City Clerk's Department BUFFALO November 25, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 91 Restaurant Dance Class 11l — 47 Past Mohawk (Ell) (EDPI) PASSED November 24, 2009 Gerald A Chwalinski City Clerk C�:j!t 'v L-~ A MZ a -T 0009 Restaurant Dancing Class Ili — 47 East Mohawk Street (Item No. 42, C.C.P., Nov. 10, 2009) d That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to Scott Leary d/b /a The Mohawk Place located at 47 East Mohawk Street. Passed. r� Recommended by the Committee on Legislation Chairman - AP P R 0 V E D 'rA Rtmiv tnvfi (31s3vsuonil�t�tv142c1] -1(lc. x 1) Est, w. I A l * AYE * NO FONTANA * �` FRANCZYK GOLOMBEK KEARNS * '� LOCURTO * '� RIVERA � RUSSELL SMITH Maj - S 2/3- 6 3/4- 7 City Clerk's Department BUFFALO November 25, .2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 92 Bd of Ethics - Nomination for Board -Dr. E. Paterson, R. Sullivan (Cty Cik) PASSED November 24, 2009 Gerald A Chwalinski City Clerk 00092 Appointment Members to the Board of .Ethics (Item No. 43, C.C.P., Nov. 10, 2009) That the reappointment of Dr. Eleanor Paterson and Richard Sullivan, to the Board of Ethics, For a five year term, commencing November 1, 2009 and expiring October 31, 2014, are hereby approved on the condition that they do not owe any outstanding liens to the City of Buffalo. Passed Recommended by the Committee on Legislation Chairman TARnwk ON YjY0D\nisword 43d I- 1Oc.doc 4 s , LC - 1 2009 AYE NO FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RUSSELL SMITH maj - 5 2/3- 6 3/4- 7 ®0093 T. Briatico, Petition to Use 194 Maple -- Parking Lot (Item No. 16, C.C.P., Sept. 15, 2009) (Item No. 73, C.C.P., Oct. 27, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: J ha, after the, ubli hearin efore he Comrnf' - e'e n Legislatio'h Se to 'ber { 2, 2009'the tition f T. Bri tiro, aged, for per�nisefn to u e 194a`p 1? P Stie t far parki4 lot on 2 p eels on 11 I t 933 tic Egan Aven e e, and here Passed. a com Recommended by the Committee on Legislation �. Ch �irrr iali TAB:rmv tA%vp Mnv 15c.doe ,j: Mr. Golombek moved that the above item be recommitted to the Committee on Legislation Fll * AYE *NO* * FONTANA * *` * FRANCZYK * GOLOMBEK KEARNS * '� LOCURTO * '� * i.IYERA *` RUSSELL SMITH * Maj -5. 2/3- 6 3/4 - 7 00094 T. Briatico, Petition to Use 203 Maple -- Parking Lot (Item No. 17, C.C.P., Sept. 15, 2009) (Item No. 74, C.C.P., Oct. 27, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. j Th f after the September 22, 2009, t Strgbt for n8 space c h wring be 'tion of T. ink; lot be, the is a on Losl ion on perr{ission to use 203 Maple Recommended by the Committee on Legislation TAB:rmv lawp6ftiswor&nnv�170- 15c.doc Mr. Golombek moved that the above item be recommitted to the Committee on Legislation 1:1 �. *�i�Ti] z * AYE *NO* * FONTANA * / * * FRANCZYK * * * GOLOMBEK * �` KEARNS LOCURTO RIVERA * _ RUSSELL x / SMITH` * * * * * Ma j - 5 * ' 2/3- 6 3/4- 7 * '� 00090" Lodging House License — 83 Prospect (Item No. 37, C.C.P., June 23, 2009) That the Commissioner of Economic Development Permit and .Inspections Services be, and he hereby is directed to deny a Lodging House License to Dimitry Fayblyuru d/b /a Big Star Development LLC located at 83 Prospect Avenue. If- ed. At�� Recommended by the Committee on Legislation 'r'nn:r,v t:1wp6O\inswotdlixitvl37c6.23 c.doe 0009G M. Rodgers -Info Re 83 Prospect -West Village Block Club Concerns (Ell)(EDPI) (#31,3/31) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation a r Special Committees POLICE OVERSIGHT r� .i (RICHARD A. FONTANA) 0009 -1 ( z Police Oversight Review of Stokes Affair (CP) (96,9/15) That the above item be the sane and hereby is Received and Filed. ADOPTED f' Recommended by l? the Special Committee on Police Oversight R, Fontana - Article Elderly Lovejoy Sisters Claim Fraud Scam Artist ( 437, 3117) That the above iteYn be the same and hereby is Received and Filed. ADOPTED �, � Recommended by the Special Committee on Police Oversight_ !fie -_C/ 4� F 00®99 Testimony of C. Rodriguez in Regards to ht. Kwiakowski (Cit Rts) (##36, 12123) That the above item be the same and hereby is Received and Filed. ADOPTED j Recommended by the Special Committee on Police Oversight l � 000 M. Kearns -M. Ryan- Quality of Life Concerns -Need to .Enforce Law on Unlawful Posters ( #76, 4114)( #41,3131) That the above item be the same and hereby is Received and hued. ADOPTED Recornimnded by the Special Committee on Police Oversight A 00 101 tsE The Need lot A Greater Police Presence in COB (exec 1" lies) (06, 9/30)( 4113, 4129) That the above item be the same and hereby is Received and Filed. ADOPTED r Recommended by the Special Committee on Police Oversight �1�1 r\ LX RESOLUTIONS Nov. 24, 2009 00-.02 f'= U Sy: Mr. Fontana No. Appointment Marriage Officer Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person whose appointment as a Marriage Officer shall expire on December 31, 2009. Charles L. Michaux III ADOPTED. 00103 # 4 (Rev. 1193) SUBJECT: APPROVAL TO TRANSFER ONE (1) HOME IN SYCAMORE VILLAGE SUBDIVISION BY Councilmember WHEREAS, the City of Buffalo Urban Renewal Agency has approved the transfer of one (1) home in the City of Buffalo Sycamore Village Subdivision to one (1) individual homebuyer, and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and NOW, THEREFORE, BE IT RESOLVED: 1. That the Mayor, the Chairman, Vice - Chairman, or any duly authorized officer of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land to the following purchaser which is subject to approval of Agency Legal Counsel: NAME SUB LOTS MINIMUM SALES PRICE Peter Stokes Lot 17, 37 S dni Lane $200,000,00 R TO THE GOMM ON coNj DEVELOPMENT. JH /ms (,r 0010 # 4 (Rev. 1193) RESOLUTION By: Councilmember SUBJECT: SET PUBLIC HEARING SYCAMORE VILLAGE SUBDIVISION 37 Sydni Lane WHEREAS, the City of Buffalo Urban Renewal Agency and one (1) individual homebuyer have negotiated a Purchase Contract for one (1) home in the Sycamore Village Subdivision; and; WHEREAS, the terms of said Purchase Contract has been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land may be approved only after a public hearing with due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marred "Notice of Hearing" in the Buffalo News, no later than the 28th day of November 2009. 2_ That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 8 of December 2009. a ADOPTED JHlms f City Clerk's Department BUFFALO November 25, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 105 PASSED November 24, 2009 Discharge Legislation Committee Item #23 C.C.P. October 27, 2009 "Restaurant Dance Class III - 391 Ellicott (Ell)(EDPI) Gerald A Chwalinski City Clerk lz d S Z aiZ 'f:jI" A! I3 0 - 1 i 13y: Mr. Golombek Re: Discharge Legislation Committee Item #23 C.C.P. October 27, 2009 "Restaurant Dance Class 111 -391 Ellicott(Ell)(EDPI)" Whereas: The above item is currently in the I..,egislation Committee; and Whereas: It is no longer necessary for this item to be considered by that counn - iittee; Now, Therelore Be it Resolved: That this Common Council floes hereby discharge the Legislation Committee from further consideration of Item #23 C.C.P. October 27, 2009 "Restaurant Lance Class 111 -391. Ell ico.tt(Hll)(EDPI)" and said item is. now before the Common Council for its consideration. IN 01Y ,} 4 . t _1� %, -- , Joseph Golombek, Jr. N r j �- i f_ f C ommunication to the Common Council J \ l To: The Common Council: I late: October 8, 2009 From: Department _Department of 1 cono is IJcvelo ►Went. I'� rmit &Inspection Ser vices Division Office of Licenses Subject: Restaurant Dance Class III j: 391 Ellicott ,St ( cst) Prior Council Reference: (]f a iry) [: Ext. Item N o. xxx C.C.P. xx /xx /xx: Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class III License located at 391 Ellicott Street and find that as to form is correct. I have caused an investigation into the premises for which said application fur a Restaurant Dance Class III license is being sought and according to the attached reports from the Zoning Office, Dire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Steven Lorenzo. The attached thereto for Illusions Nightclub & Entertainment Complex (dba Buffalo Illusions Entertainment Inc.) This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: Department Head Name: JC:cap 41 (Rev. o f /1993) .TAMES COMERFORD, DEPUTY COMMISSIONER Office Of Licenges 31,3 CRY 1-1-All Buffalo, �i_y Phone: (716' 351-4078 7 V 351 -4952 ENSE ATPLICATIOk Please check thO C YOu are. apply g Jc mracde (Mechanical) 'A �)g of Anspecuou krublic A_lsembty) Skating Rink Coin - Controlled Amusement — u (Liv no dancing) — Arcade Z._ Dance C 1,�, 1 ; 3 _ Billiard Parlor Newsstand Public Dance HA' — Go-Go Dancing Datejt 1) E7W� Home Phone ' kpplicant Nam _ Applicant Address street City State M" Co-Applicant Name co-applicantph DEP081T ` # 17 .l Co-Applicant Address city state, ZIP Street . B 01 Date Incorporated � corporation Nae m 812 -5GC! � Business Name YIA 1 X Business Phone 5qL e ,t L�joH�, hkLq--�O — Business Address Street city state ZCP State Tax ID FAX# Co- applicant DOB ------- Applicant D01 Ap plicant Place of birth Co- applicant Place of Birth Fees Certificate o f I .......... __$56-00' V C Controlled Amusement Device 10 (per game) .....$4 Arcade .. ............ (Per gatqO ....$ Music (mechanical)_ .............. dan ding) 2 Floor Sho .......... Go-Go Dancing . ............. ................ Nblic Dance Hall ....,.. (based on square feet) Skating Rink ............. ....................... ....... ................. ........ $210-00 Newsstand_ .... $ 63.00 Bowling Alley ......... (per alley) _-$ 3 Billiard Parlor ..... 31.50 L z �/o Nutnbl,17 of Amusement Machines Njinbet of piffllliding Alleys ard Tables a pplicant Sipaftuo �1 Printed Name Date _Tf 1 _� - e—i— Subsefibed aiA'g'W b efo re me this day of �rn to . 20--A mmi� ssi� ones o f Deeds in and for e City of Buffalo NY Jo OFFICE OF LICENSEES 31:3 CITY HALL B UFFALO, NEAN YORK 14202 INSPECTION /APPROVAL, REQUEST AC�E I DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZOLRALD APPLICATION FOR,: ILLUSIONS NIGII "I'CLUB & .ENTERTAINMENT LICENSE TYPE, RESTAURANT/DANCE NEW LICENSE BUSINESS ADDRESS; 391 ELLIC017 BUSINESS PHONE; s COUNCIL DISTRICT: EL POLICE DISTRICT- 04 APPLICANT NAME: STEVEN LORENZO APPL. PHONE: APPLICATION NUMBER: 555425 REFERRAL DATE: 07/17/2009 REMARKS- DISAPPROVAL REASON: COD (TO BE COMPLETED BY AGENCYIDEPART'MENI' REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE: 8 c) % 0 -1 DATE: DATE: 2010 'REASON FOR DISAPPROVAL MUST RE STATED BELOW ** REMARKS: INSPECTOR RM# :3 � l EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Ap lip2ipt 0MC wl ° +S'+7rndY 313 CITY HALL W"AL0, IMEW YORK 142W3 INSFECTIONIAP1 REQUEST AG 1 DEPA d OLIC REFERAYD TO, CONMSSIONER OF POLICE AP PLICATION FOR: 9J..USIONS NIG HT CLUB & ENMRTARWNT � M1 aC i � NE LXENSE x s m " s o Il TT 391 lcoTl '�pg y yy , �� UCE DI CT 04 APPLICANT NAME: NMVEN LC►RENZO L.PHOW : REMPALBATIK. 117/2009 .' O )P OVAL REASON. PRA DAM L: DISAPPRO 11�ATE: AMOVE D ; 3 03 r) c fit) ��' ILXCIJ: ��•���- .�._..r - �- ....._._....., ....,� ...p� u�� Cc5[nr�tiS�.i. ®I1�.� AF TER INSPECTION PLEA$)k COMPIXTE AND RFTVM ` IUS REMERRAL TO 'MX ® CE OF LIC"SES. TUANK V0 4pAoz v DEPARTMENT OF ECON DEVELO ANT, i pF 0 - FICE OF T Ii'E CO1 IZ BYRO W. BRO N1 N[ayor JAMES COtVIEREDRD, Jr, Deputy Commissioner In accordance with the appropriate laws of the State of Near York and or the ordinances of the City of Buffalo, the stn:ctures at 391 ELLICOTT Buffalo, New York, having been inspected and found to conform substantially to applicable laws, ordinances, rules or regulations, the portion identified on this certificate is hbreby certified for occupancy. This compliance certificate is subject to the limitations specified herein and is valid until revoked unless automatically voided by this certificate being altered in any manner if there is any ejation of a law or ordinance found to exist subsequent to the issuance of..the certific i.e. continupd compliance with applicable codes and ordinances is required. r of Permit & Inspei#i Building Classification: S Occupancy: A -2 Services Building Perm4(s)'Number: N/A Building Inspector: Plevniak, ,lack Date of Inspection: 09/17/2009 Date issued: 09/30/200.9 Date Issued: N/A Receipt Number: 19697 Portion of wilding being inspected and certified: FIRST (I FLOOR.; NIGHT CLUB, LAVATORIES & STORAGE. MEZZANINE, (BAR AREA), SECOND (21D) F1,OOR, STORAGUME11CANICAL ROOMS & OFFICE. 65 NIAGARA SQUARE / 324 CITY HALL / BUFF U.0, NY 14202 -3303 / (716) 851 -1972 / FiA.X: (716) 857 -4242 / Ttnal jcorixcrfov (]@city- buffalo.coin - a() ?C-tZco Dep :rcl:�- , Zd�ai�atao� �ectic�� 74- fiankUft Street New v o , rlC 1420 .,• 13u�r�a, T�i3 f� process P9 eat MUST be madc by MOD-ey Order. DO thtoug tho mail. � person, P by ezt c be madeox�e order o ash. e� ceept .none ordexg payable to- the Blf ,,.10 _F(?l1Co Departmtu'- ol complae, aU the O n can bo to s tamped, self ac d esse�, M.veloe s,) th t this info p a d b o Y '' lie (or} Co SSIMer of aad lie see to juclude a p - W - ILL NOT inform a lase belo =4 have yam it aou eaxnp ace to- these i truc$io s, yo Dees, � It d o� the �ottoz�t t� #lam �� receive tho re(luested iaformatiou. SiGNAT(IA3 4F A2PLTCANT State of Now York ) County of Elio ) cityoauffao (� � � day of oil the . N anc� tQ me known to be the sa�ae c peCSO� �escrib ed �a, �: g�saxect' instr u t a unwleded who e ,cutedthefor -VA . f clCo�missso�er CZY ] I TI ' C QN CTION rF TQ � COMPLETE D T I y_�.......t— H.•..H eh..,.rVr..h.r- .ir�rH �/ /[ % � �..� �a.F` O — -- VLRWI�D BY— DATE, VERMF 60 No FBCORD 014 TAB bo USA Op' TES p ATtON S C3T BASW 014 F19GF N �DBI�I�TCATInN. D� UTS NC) DAYS FROM DATE �R�'ED NO'S` VA T3NT1L STAMPED. '� ��� ��n � ��: a �� ��5S � „ b y u :� ,. ry �' -� ;4wa- S n -�, -- J c-- � Nr 4�w-,c 11 tc �C;tc� LX LrfslCt +1 X. L 1 :_�bLiLr' E iN Assistant Your Progress: 1. identity 2. Authenticate Addmsses 4. Details 5" EIN � Congratulations! The EIN has been successfully assigned. Help Topics EIN Assigned: 27 L egai Name: BUFFALO ILLUSIONS ENTERTAINNIEUT INC The conrifMatinn letter gill be mailed to the appiirant. This letter will be fhe applicanf's official lids notice and will conta important information regarding the EIN . Allow up to 4 weeks for the letter tO arrive by mall, W strongly recommend you print this page for your rvcor dt. Click "Continue" to get additional lnforrnatican about using the now EiN. ire the totter is re G, A 7/1 0f2009 hops: // sat. wwv4. irs. gc )v /modie,in/individual/conf nnation isp Filed B . Y: . Uppes M W ex l er F LLP 665 Main Street Suite 300 Buffido, NY 14203 9 Mt , 1 , Q � �f �i %l o3a,19�'00 M on � Ts Filed B . Y: . Uppes M W ex l er F LLP 665 Main Street Suite 300 Buffido, NY 14203 9 Mt , 1 , Q � �f �i %l o3a,19�'00 M to be, made a part] to, or is iravol;Md n an dueaWned, pending o "lompleted Wtion, wait or Proceeding, ether civil, criminal, ac is tive, or investigative, by reason flf c fact that such person is or was a Dircutor or officer of the Corporation or is or was serving at the request of the Corporation as a Director or officer of another corporation, partnership, joint venture, trust or other enterprise, to the West extent permitted by the New York Business Corporation Law, as the same e;Xists or may hereafter be amended; provided however, that except for proceedings dings to enforce rights to indemnification, the Corporation shall not. be obligated to index anify any Director or officer (or his or her heirs, executors or administrators) in connection with a proceeding (or part thereof) initiated by such person unless such proceeding (or part thereof) was authorized or consented to by the Beard of Directors of the Corporation. (c) Expenses (including attomeys' fees) incurred by an officer or Dirmtor in defending any civil, climinal, administrative or investigafivd action, suit car procOe ft shall be paid by the CoWration in a vancg of final disposition of such a suit rsr proceeding upon receipt of an undertaking by or on behalf of such DimctOr or officer to xepay such amount if it shaU ultimately be determined.that he is not entitled to be inderranifaed by the Corporation as authorized in this Article. . (d) To the extent authorized from tij4e t time by the Board of Directors, the corporation may provide rights to indemnification and to the advancement of expenses to employees and. agents of the Ccarpontion who are not Directors or officers similar to those conferred in this article to Directors and officers Of ffi CwPomtioaa. (e) The rights to indeinnification and to the advancement of expenses conferred in this article shall not be exclusive of any other right which any person may have or hereafter acquire gander this Certificate of orporation, the By -laws, any statue, aagreernent, vote of shwholders or otherwise. IN- WYTNESg V-AIMM lher mzdea -siga ed h a s -exec utr. cl ihis -QvI ate this day of MY, 2009. Gregory . Tvancic, Incorporator 665 Main Street, Suite 300 Buffalo, New York 1$203 J r' r i 1 I� r i S FA CERTIFICATE OF INCORPORATION TION BUFFALO ILLUSIONS ENTERTA11'W T, INC. Under Section 402 of the Business Corporation Law The undersiped, being over the age of cighteeu, for the p pose of for png a corporation pr want to Section 402 of the New 'York Business Corporation Law, lr y certifies: E i I _ The name of the corporation is: l3utwo Illusions Bntert inment, Inc- (hominafter the F . "Corporation "). 2. Tire purpose for which the Corporation is formed is to engage in any lawful act or activity for which corporations may be organized under �e New York Business Corporation L , v; provided that, the Corporation is not formed to engage in any act or activity mquiring the consent or a proval of any state official, department, mod, agency or other body without such consent or approval first being obtained. 3. The office of the Co ration is to be located in Eric: County, New York. I 4. The aggregate number of shares which the Corporation shall have the authority to issue is two hundred (200) shares vvithout any par value per shad. 5. The Secretary of State is designated as the agent of the Corporation upon whom prmcoss -amt it- raay - -�ry arid- € wee- ,adcht� cl� t� Seta33+-rsf State s� mail a copy of any such process against it served upon him is: Gregory T. Yvax ic, Esq. Lippes Mathias Wexler Friedman LLP 565 Main Street, Smite 300 Buffalo, New York 14243 -1425 6. (a) To the fullest extent that the New.York Business Corporation Law, as now m effect or as may hmafter be amended, permits elimination or limitation of the liability of Directors, no Director of the Corporation shall be liable to the Corporation or its shareholders for damages for any breach of duty in such capacity, Any repeal or modification of this Article by the shareholders of the. Corporation shall be prospective only and shall not adversely affect any elimination or limitation of the personal liability of a Director of the Corporation for acts or omissions occurring prior to the effective date of such repeal or modification. s (b) The Corporation shall indemnify and hold harmless mh person (and the heirs, executors, or admi:nistraiors of such person) who was or is a party or is threatened i SIA TE 01 y I hereby certify that the annexed copy has been compared with the or,g al doc mcnt i_n the custody of the Sccretwy of Stag and that the same is a true copy of said original. ASS ffiy hwd aad official seg Of the Depaiment of State at the City of Aly, on July 9, 2009. Daniel E. Shapiro First Deputy Sccrey of State Rev. 06107 CORL- =PRAT ICN.3 00 STXfE Y FILING RECEIPT ENTITY - NME: BUFFALO ILLUSIONS ENTERTAINMEM, INC. D'oCUMENT TYPE: INCORPORATION (DOM BUSINESS) COUNTY: ERIE ----------- - FILED: 07/09/2009 DURATION: PERPETUAL CASH#: 0907090000 97 FILM #:090709000086 FILER: LIPPES MATHIAS WEXLER FRIEDMAN LLB' 665 MAIN STREET SUITE 3 0 0 BUFFALO, NY 14203 ADDRESS FOR PROCESS --------------------- Gp-EGO T. IvANCIC, ESQ. LIPPM MATHTAS WEXLER ET AL BUFFALO, NY 14203-1425 REGISTERED AGENT, ----------------- STOCK: 200 NPV EXIST DATE ---------- 07/09/2009 665 MAIN STREET, STE 300 SERVICE CODE. 07 SERVICE COMPANY--CT CORPORATION SY . STEM - 07 PAYMMqTS 195-00 FEES 195-00 ---- ---- -------- CASH 0,00 FILING 125.00 CHECK 0.00. TAX 10-00 CHARGE 0.00 CERT 0.00 DRAWDOWN 195.00- COPIES 10.00 OPAL 0.00 HANDLING 50.00 REFUND 0.00 DOS-1025 (04/2007) 76b3229CAS P � dated !he 1$L11 Panes Premises Term SIMON REALTY GROUP, LP dayof F#_f3kLIARY 2009 hereinafter efarred to as the Landlord, and ILLUSIONS NIGHTCLUB AND ENTERTAINMENT COMPLEX, LLC hereinafter referred to as the Tenant. IEsSETLI: That the Landlord hereby demises acid leases unto the Tenan €, and the Tenant hereby and takes from the l.andiord for the term and upon the rentals hereinaffer spacified, the premises ibed as follows, situated in the CITY of BUFFALO Iv of ERIE and State or NEW YORK 1 -393 ELLICOTT STREET, FIRST FLOOR ONLY FOR PUBLIC IFt'ALO, NEW YORK 14203 ASSEMBLY, APPROX,5000 SQ.FT. - the term of this demise Shall be for THREE (3) YEARS; WITH TWO (2) YEAR OPTION ginning MARCH 1, 209 and ending FEBRUARY 29. 2012 Rent The rent for the demised term shaft be MONTHLY AS FOLLOWS', YEAR 142,500 + $433 EXCESS LINE INSURANCE + $500 PROPERTY TAXES= $3,433. ($30,000+ YEARLY) YEAR 2- $2,750 + $433 EXCESS LINE INSURANCE + $500 PROPERTY TAXES = $3,683.00 ($33,000* YEARLY) YEAR 3- $3,625 + $433 EXCESS LINE INSURANCE + $500 PROPERTY T,4XES�$3,958 - ($36,300+ YEARLY) The said rent is to be payable monthly in advance on the first day of each calendar month for the term hereof, in Installit eats as follows; SEE ABOVE Payment of Rent SECURITY DEPOSIT OF $5000.00 (INCLUDES LAST MONTH'S RENT) at the office of SIMON REALTY GROUP, LP 367 ELLICOTT STREET, BUFFALO, NY 14203 or as may be otherwise directed by the Landlord in writing. THE ABOVE LETTING IS UPON THE FOLLOWING CONDITIONS: Peaceful Possession .f1" drd The Lanto covenants that the Tenant, on paying the said rental and performing the covenants and cendi[iers in this Lease contained, shell and may peaceably and quietly have, hold and enjoy the demised premises for bile term aforessld. rRvswr� The Tenant covenants and agrees to use the demised premises as a Purpose BART NIGHTCLUB! CONCERT HALL and agrees not io use Or permit the premises to be used for an other pumnao vdthoul the priorwritiaa consent of the Landlord endorsed hereon. Ow - The Tenant shall, rvilhcut any Omvious demand therefor, pay to the Landlord, or Its agent, the said rent at the times Default in and In the manner ahoy¢ provided. In the event of the non - payment of said rent, or any Installment thereof, at the times and rm the Payment of manner above provided, and if the same shall remain in default for ten days after becoming due, or if the Tenant shall be dis- Renl possessed for non - payment of rent, or it the leased premises Shall be deserted or vacated, the Landlord or its agents shall have the right to and may onler the said premises as Ilia agent of fie Tenant elther by force or oltro Wse, without being liable for any Abandonment prosecution or damages therefor, and may reset the premises os the agent of the Tenant and receive Ilia rant therefor, upon such of Premises terms as shad be saltsfaclmy to the Landlord, and a ll tights of the Tenant to repossess the premises under th[s!ease shall be forfeited. such re -entry by the landlord shall not operate to release The Tenant from any rent to be paid or covenants to be per - Re entry and formed hereunder during the f1W term W 1115 lease. For the purpose of relaning, the Landlord shall be authorized to make during Reletfing by the full term of this lease. For the purpose of retailing. the Landlord shall be authorized to make such repairs or alterations in or to Landlord the leased premises as may be necessary to place the same In good order and condition. The Tenant shall be liable to the landlord lot the cost of such repairs or alterations, and a ll expenses of such refetling. If the sum realized or to be realized from the Tenant Liabls refatling is insufficient to satisfy the menthiy of term rent provided In this lease, the Landlord at its option, may require the Tenant to pay such de@clemdy month by month, or may hold the Tenant in advance for the entire dafndency to be realized during the terns of Lien of the rife €ling. The Tenant shall not be enlitled to any surplus accruing as a result of the refitting. The Landlord is hereby granted Landlord to a iien, fn addition to any stalutow lien or right Ia disdain that may exist, on all per &oval property of the Tenant in or upon the Secure damised premises, to secure payment of the rent and performance of the covenants and conditions of this lease. The Landlord shall have the right, as agent of the Tenant, to lake possession of any furniture, fWUceA of other personal pmpady of 1110 Tenant th{`rrle - rnonicoacorrun,t fe -.0 "h rus F•3e5 and .a.o an di5tess 3r;1dgment. -` he -Orel agrees .o pay. is su. rnat,si J, dci .ril�mr.( .ens anu J1h.r , -,c s � Tuned nv the Landlord in enforcing any or the ":ngal!ons under !his !ease - ned by the 5uh ieting and ,fewer. Thu Tenant "'hall not srb lut'he demised Prrmisas our any lxrrrion the�aaf, r3 "E shat! this te:r.. f ° - " ".g Assignment I Tananl withovj the l.nor wniten consent of the Landlord endorsed hereon. I Tha Tanasil ties oxarriiried the demised premises. and - �ccaplS Wem in their Present condition (except as otitef+%ise GCndIIIOn of exprCSSiy provided herein) ant v�ithaut any rnpreseniallons on inn par' of'ilo Landlord or its agents as to the ;'remises, present or tutors cnrdi!ion of the said premises. Tile Tenant shall keep the demised premises rn good rtmditiCn, and shall reducnr- Repairs a te, pain! and renovate the said premisos as may be necessary to keep them!" repair and gaud appearance. The 7enanf snail quit and surrender the premises at the end of the demised term in as good condition as the reasonable use theeo€ will permit. The Alleralions and Tenant shall not make any alterations, additions, or impfovemunls to said pfemtses vnthout the pnOr written consent of the Land - ations, addihens and lmprovemanla whetter temporary of permanent in character, which may be made Improvements lard. Al elections, alter upw5 the premises adher by the l,and[ord Or the Tenant, escep[lumilure or movable trade Fxturos installed a[ 11P, expense of inn Sanitation, Tenant, z" be ltfo properly of [Ile Landlord and shall remain upon and be surrendered with the Promisas as a pad thereol al Jae inflamm2bie termination ar this Lease, without compensation to the Tarrant The Tana nl Fudher ag ras to keep said promises and all parts there- Materials of in a clean and sanitary condition and free worn trash, tRtammaGle malarial and other cb]ectinnab!e matter. If this !uaso "O'er" premises, all or a part of which are on the ground ttoer, the Tenant fudher agrees to keep the sidewalks in front of such ground Sidevialks lquor pcil #on of the demised premises cioaa and flea of obstructions, sriow and ice. &,- In tine event that any mechanics' lien is Fled against the promises as Or result of allem"ons, additions Of!mprovelfen[ Mechanic's mad,, by the l enanl, the Landlord, at its option , offer thirty days notice to the Tenant, maY lerminale this lease and may pay ills Lien said Tion, hvithout inyuinng into the validity Iherof, and tho Tananl shall forthvdlh reimburse the tandjord the fatal expense iacuned by the Landlord in discharging the said Tien, as addhionat rent hereunder. �ruynflr. The Tanant agrees to replace at the Tenant's expanse any and all ytasa which may become broken in slid on line Glass demised Prendses. pate glass and mirrors, R any, Shutt be insured by the Tenant at their full insarahlo value in a company 'satisfactory to the Fandlmd. Said policy shall be of tine full premium type, and shall be deported with the Landlord Or its agent. The Landlord shalt nut be responsible £or the joss of or damage to prVpedy , or injury to parsons, occurring in or Liabtii {y of a bout i Eke demised premises, by reason of any existing or future condition, defect, matter or thing in said demisetl premises or the ns or tenants in and about Landlord property of which the premises are a part, er for (be eels, omissions or nng@ganco of other pelso said property. The Tenant agrees to indemnify and save the Landlord harmless from all ciaims and liability for InssP.s of or damage to property, or injuries to persons occurring In of about the defolsed premises. 16A -- Litilifles and services furnished to ire demised premises for the henefit at the Torom S all tie prov and paid for us aeby the TENANT ;eloctrjcitytiythe Se and roliows: water 6y the 1ENANT 9 TENANT hrltwaterbytho TENANT Utilities ;heat by the TENANT refrigeration bytha he Landlord shall not be liable for any interruption or delay in any of the above sorvires for any reason. DUMPSTER MUST BE OBTAINED BY.TENANt `FIRE SPRINKLER" IS BILLED SEPARATE FROM "WATER ". MAINTENANCE AND TESTING IS LANDLORD'S RESPONSIBILITY UNLESS DAMAGED BY TENANT The Landlord, or its agents, shall have the right to enter the demised promises at reasonable hours In the day Or night i shall de "�n necessary to examine the same or to run telephone or other wires, or to make such repairs, addllior75 or alterations as i Right to of the safety, preservation or restoration of the improvements, or for the safeiy or convenience of the a ccupan(s er users thereof Inspect and {There being no obtjgalien, however, an the part of the Landlord to match any such repairs, addsions or alterations), of to exhibit the Exhibit same to pmspecrive Purchasers and put upon the premisos a suitable 'For Sale" sign. For three months prior t the expiration of She demised term, the Landlord. Of its agents, may slmilariy exh +Uil the premises Iq prospecGV" tenants. and may place the usual - Tq Lot" signs thereon. Etuv,A_ in the "vent of the doslfuction of the demised premises or the building containing the said premises by fire. exptoslon, tho eiamea% or otherwise during the term hereby croatod, or previous lhPreto, or such partial destruction thereof an to render the Damage by premises wholly untenen tables or until for occupancy, or should the demised premises be so badly Injured that the same cannot be Fina,ExploSiion, ropaired within ninety days from the happening of such injury, then and in such case the term hereby created shaft, at the option of s and become null and void from the date of such damage of destruction, and the Tananl shall immediately The Elemen[5 the Landlo d, ceas interest Iha;oln to the Landlord, and strati pay font only to the time a4 such surrender, of Otherwise surrender said premises and all the Tenaal's in which event the Landlord may m -enter and re- possess the premises thus discharged from this lease and may remove all parties therefrom. Should the demised premises be rendered untuitanlabla and unfit (or occupancy, but yet be re rab i ll railty an days from the happening of said Injury, the Landlord may eel "r and repair the same with reasonable sp eed. accme after said iniory or v431Ic repairs are being matte, but shalt recommence immediately after said repairs shall he uoml'i 10 d. The Tenant agrees to observe and complywth all laws, urdiramces, ruins and regulations of lire Federal, State, njes applicable to the business to bn canduced by the Tenant in the demised premises. Tha Tanant Ot3S6rvali0St of County and Municipal author wilich w il l f Laws, agrees not to do or permit anything to be done in said premises, or keep anything here €n, or whi hwi I obstruct Of lnlerfe re wi=th Ordinances, insurance premiums on the improvements or any pad th or on property kep Rules and he fights of other tenants, or con flict wi h the regulations of the Fire Department or vdih any insurance pa!icy upon "Od' ipmve, Regulations meets Or any part thereol in the event of any inaease In Insurance p` amiums rosui ng from the Tanant' occupancy premises, Or from any act or omission on the part of Fite Tenant, the Tenant agrees to pay satd increase In Insurance premiums on Ti improvements or contents thereol as additional rent. X yL No sign, edvortisanhoat or notice Shall be affixed to or placed upon any part of the dumisod Premises by the Tenant. Si ns except in such manner. and of such size, design and coyer as shall be approved in advaners in Writing by the Landlord. g 1� rj 1 -� .1� 3 ucrrd!na6r,n ;O Mortgages and Deads of I rust y :r,dsr_ s ;.:, iccl „na - s - ri, -,irt r;rlinateo W :_ii sscnt! ar ; An-1 : -: ys, .rer ir:ms - 'WO �irar CamllmntBS atf9Gtlr l 'al demised prem35ea eF itI£ praperiy of wtl!Gfr sa4d ti1::mI5e5 2rc^ a Sari, ' he i en;;W :gWce ;:.o ;f,x rr,".. no expense to the # any instrument which may be dncarod nocessary or desirable by the i and!ord -o furihat sleet 1 suiwrdinaliG of :h,s taa,....n , ", _.;Ct mortnage decd ar �rusl or sneurnbreoea- In the event of tha Sale by the Landlord of tlo demised premises, or the Pfopc"y Of INhich sold premises are A pad, Safe of Premises Landlord or the purchaser may Ierrnlna!e this lease in the lhidielh day of April in any year upon giving fhe Tenant police of such lination prior to the first day of January in the same year. The rules and regulations regarding fha demised premises, affixed to ibis lease, if any. as well as any other and Rules and Regulations of Landlord Vlofatioft of Covenants, Forfeiture of Lease,fte -entry by Landlord Nnn- waiver of Breach her reasonable rules and regulations which shah be made by the Landlord, shall he observed by nm Tenant and by the "' enanl's pfoyees, agents and eus €emars. The Landlord resorvos the right :o (acted any presently ex m!es applica0ila to the demised anises, and to make such other and fudi:er reasonable rules and regulallona as, in its "Adgmenl, may from time to tire" be draNe for !ho safety, cafe and dean4fiess of this premises, and for the proservation of good order therein, which ruins, when made and notice thereof given la the Tenant, shall have trio same force and effect as if argirlafly made a part of tills lease. ;h 61be and further rufe5 shall not, however, be inconsisfeel with the proper and nghlful enjoymonl by the Tenant of the premises. In case of vteiatien sy the Tenant of any of the covenants, agreements, and conditions of this lease, or of the rules I mquEat mm new or harpatter to be reasonably estate €fished by the Landlord, and upon failure to discontinue such violation hin ten days after notice thereofgivan to the Tenant, [his lease shalt thenceforth, at the option of the LandEofd, become null 1 void. and the landlord may re- enterwithout further notice or demand. The rent in such case shall become due, be apportioned I paid on and up to the day of such re- aniry, and the Tenant shalt be Stable for al loss or damage resulting from such violation aforesaid. No waiver by the Landlord of any violation of breach of condition by the Tanant short Constitute or he construed as a iver of any other violation or breach of condition, nor shall [Apra of time after breach of condition by lha Tenant before The ridtoad shalt exorcise its option under this paragraph operate to defeat the right of the Landlord to declare tills tease null and void d to re -enter upon the demised premises after the sold breach or violation. All notices and demands, legal or olllerwiser, inddentaf to this lease, or The occupallan of the demised premises, shall Notces l f iling, If the Landlord or its agent dostres to givo or serve upon the Tenant any notice or demand, it shall be sufficicnt to rid a copy thereof by registered mail, addressed to the Tenant at the demised premises, or to leave a cagy Ihereof with a poison soitabler age found at) tha premises, or to post a copy thereof upon the door to said premises. Notices from Ibe Tenant to the ndlord shall be sent by registered mail or do Wered to the Landlord at the place heminbelore designated for 1116 payment of ront, to such party or place as the Landlord may from time to time designate in writing. It is further agreed that if at any time during the term of this lease, the Tenant shall make any assignment for the bene- Bankfvptcy. InsoiVenGy. Assignment for Benefit of Creditors of creditors, or be dsefeed insolvent or bankrupt according td taw, or if a raoeiversbail be appointed for the Tenant, than the ndford may, at Its option, terminate this tease, exercise of such option to be eviden"d by notice to that offact served upon the sfgnee, receiver, trustee or other poison in Chang" of the liquidation of the property of the Tenant or the Tenant's estate, but cYr teminatiort shaE# not release or discharge any payment of rare payable hereunder and then Homed. or any liability then cmad by reason of any agreement or covenant herein contained on the part of the Tenant, or the Tenant's legal representatives. In me event that the Tenant shall remain In file demised premise, after the exptfaVon of the tore of this lease without Holding Over Eminent Domain, Condemnation security flrhitralion Delivery of ng executed a new written lease with the Landlord, such holding over shall not wnstituta a renewal or extonsiars of this tease. Landlord may, at {[s option, elect W treat the Tenant as one who has not removed at the end of his term, and the' upon ba led to all the remedies against the Tenant provided by law in that situation, Of the Landlord may elect, at its option, to construe r holding over as a tenancy front month to month, subject to aft the terms and conditions of this lease, except as to duration sot, and In that event Via Tenant shall pay monthly rent in advance at the rate provided heroin as affective during the last month the demisd tenn- The Tenant has of this day deposited with the Landlord the sum of S 5000.00 as security for the full and ful performance by the Tenant of all the terms, covenants and conditions of this lease upon the Tenant's part to be pedormed, ,b said sum shall be relumed to the Tonanl, aflef the time fixed as the expiration of the term herein, provided the Tenant has fully faithfully carried out all of sold tome, covenants and conditions on Tenant's part to bo performed. In the avant of a hone lido sale. act to this lease, the Landlord shall have the right to transfer the security to the vendee for the heroin of the Tenant and the dlofd shall be considered released by the Tenant iron all 11WIlity far the return of sucb sec' -urdy; and the Tenant agrees to look to the Landlord solely for the return of said security, and it is agreed that this shall apply to every IT at of assipnmenl made of the arty to a new Landlord. Tile security dellosi!ad under this lease shat# not be mortgaged, assigned or aneembared by the Tenant out the written content of the Landlord. If the property or any paft thereof wherein the demised premises are located shall be lake" by public or quasi•pubi!c V under any power of eminent domsm or coademnation, this lease, at ire option of the Landlord, shall forthwilh terminate and the shall have no claim or intarost in or to any award of damages for such taking. Any dispute arising under tills lease may he settled by arbilratfon. Then Landlord and Tenant shall each choose an or, and ilia two arbitrators thus Chosen shall select a third arbitrator. The findings and award of Iho three arbitrators thus shall he Final and binding on trial parties hereto. Landlord may choose litigation. Legal fees of Landlord are to be paid by the No rights are to b conferred upon the Tenant until this lease has been slgred by the Landlord. and an exesuled copy -d5B !�turFU.f. ' Provisions Nut - fill) IGregolr:g ([gh4s and femedies are = ^.Ot iniuresied !n fe' excfus" +e but as a<;dilicnal !n 311 righia, and remodigs I t'xrinSivo i�Landiaid r.,n„," of .,,,.is'a dove by J °f Lease sinning } vrifs AEI of Ina totm8, =1COanis and condiuvas of 1.h * lea*a 9half inure to the benefit of and ha Binding upon Ilte respective on Heirs, heirs. 6 ecuto s, adr iinisfrators successar5 and assigns of the psdias hereto. However, in the event of the death of the Tenant, if an successors. Individual, lt?e Landlord may. at 115 000A terminate this ?ease by rnlfliyiFig the eyocumr or administrator of the Tenant at the demised Etc. !!!, prrmisos , , -- This Idase and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agfoernents rounder on pall of Tenant to be performEd shall in nowiso be affected, impaired or excused becausu Landlord 1r, unable to Supply or delayed to supplying any ser✓IGa expressly or Imphedly to be supplied or is unable to make, or is delayed In making any repairs, 'ditiorts, alterations or decorations or is unable to supply or is delayed in supplying any oqv €pment or rixlures if Landlord is prevonled delayed from so doing by reason of govemmenlal preemption to conneclion with the tdafional Emergency declared by the I resideaf of o Unitod Statas or in connection with any rule, order or regulation of ahydepadment or subdivision thereof of any governmental Ioncy or by re2snn of She conditions of supply and demand V&,i h hava been or are affected by 1he war. -fills instrument may not be changed orally. EXHIBIT A AND EXHIBIT B ATTACHED. WITNESS WHEREOF, the said portles have hereunto set their hands and seals the a� eve written. USIONS NIGHTCLUB AND 1 ENTERTAINMENT COMPLEX, LLC landlord �z Tenant nant ; enter f Guarantor Exhibit A ADDENDUM LANDLORD: SIMON REALTY GROUP, LP TENANT: ILLUSIONS NIGHTCLUB & ENTER`1'AfIN- MEN`I` COMPLEX, LLC PREMISES: 391-393 ELLICOTT STREET, BUFFALO, NEW FORK 14203 DATED: FEBRUARY 18, 2009 29. Provided that the Tenant is not in material default, Tenant shall have tho option to renew this lease for an additional two year period beginning March 1, 201.2 through February 28, 2014 at an annual rent to be mutually agreed upon, with a maximum increase of Ten Percent (10 %) fion the vase rent of Three Thousand Twenty -Five ($3,025.00) for the third year. Tenant must notify Landlord that it wishes to exercise the option by giving the Landlord not less than six (6) months written notice. Any increases in insurance or taxes will be added at this time. 30. The Tenant must purchase and maintain a liability insurance policy in the amount of One Million Dollars ($1,000,000.00) or more, naming the Landlord and the Tenant as named insured. This is in addition to the excess line insurance referred to in "Terms of Lease ". 31. Tenant may enter the premises upon the execution of the Lease Agreement. 32. The second floor of the premises may be used by the Tenant as storage and/or office space at no additional charge. Provided, however, if the Tenant obtains a Ceitificate of occupancy for the second floor for purposes of public assembly, or sublets the same, a rental fee for the second floor will then be negotiated as an extra charge to the Tenant under this Lease. 33_ The obligation of the Tenant under this Lease is contingent upon Tenant obtaining all necessary pen and licenses to operate 'a nightclub and/or concert hall. Tenant shall have ninety (90) days to obtain the necessary licenses and permits. The Tenant must pay rent during the ninety (90) day period notwithstanding the fact that the Lease may be cancelled because of failure to obtain the necessary licenses and permits.. Cancellation of the Lease on the basis of failure to obtain the necessary licenses and permits must be made upon written notice to the Landlord prior to May 1, 2009. -I- 34. The existing 'car {equipment in the premises is the sole property of the Landlord and will be left on premises for use by the Tenant and must be maintained by the Tenant and returned to the Landlord upon termination of the Lease, normal wear and tear excepted. A list of the aforesaid bar equipment is attached hereto as Exhibit B. If any item of the listed equipment is not functional, it will be deleted from Exhibit and the Tenant will not be responsible for it. The 'Tenant has to option not to use any of the equipment on Exhibit B in which case the 'Tenant shall store the same on the second floor of the premises. 35. Repairs and Remodeling: The Tenant accepts the demised premises in an "as is" condition and any remodeling, repairs or modifications will be done at the expense of the Tenant. If major renovations are to be undertaken., the Tenant will first obtain permission from the Landlord to do so, which said permission will not be unreasonably withheld. 3 The Tenant will maintain it's own casualty insurance policy for it's own furnishings and equipment and the equipment of the performers hired by the Tenant and will include in the coverage of said policy the Landlord's equipment as listed on Exhibit B. 3`7. In the event the Tenant deems it necessary to replace any locks for the demised premises, the Tenant shall provide the Landlord with copies of the keys for those locks which the Landlord will securely hold. In addition, any alarm codes for any alarm systems servicing the premises will be disclosed to the T,andlord for purposes of emergency entry only. Current system must be maintained by Tenant. 3& The Tenant shall be responsible for the cost of gas, water, heat, garbage user fees, sprinkler system fees and electricity utility service. Tenant will also share the cost of the plowing the adjacent lot as outlined in paragraph 39. The sprinkler fee or T he Tenant's Tenant is liable is an annual charge which is levied by the City of Buffalo. responsibility for such fee will not exceed four hundred dollars ($400.00) per year. Note that Landlord receives bill and passes on to Tenant for payment. 39. The Tenant will have the use of any available spaces in the adjacent parking lot commonly known as 383 -389 Ellicott Street containing approximately forty (40) parking spaces for automobiles, from 5.00 p.m. until 5:00 a.m., daily, for use by patrons of the Tenant. The parties agree that if a parking charged ame that the proceeds will beirrres when the Tenant's patrons are allowed to use the shared equally between the Landlord and the Tenant. The landlord reserves the right to cancel this Agreement upon the sale of the parking lot property, assignment to Management Company, or if the parking lot is needed for the development of adjacent p upon giving the Tenant ninety (90 days building at the rear of said lot low ;access, at all times, to the overhead door to g commonly known as 264 Oak Street. -2- 1 �d During special events, such as, but not limited to, Thursday In The Square and New Year's Eve, the Landlord has exclusive rights to the parking area for purposes of parking revenue, notwithstanding other provisions of the Lease. Landlord will, when possibly:, reserve space for a limited number of buses and tracks used by performers at the premises and by organizations and groups that provide services to the Tenant in connection with concerts being held at the premises. Whenever the Tenant requests reserved spaces for buses and trucks as aforesaid, the Tenant will pay the daily parking fees for the spaces occupied by the said muses and trucks, and those necessary to get buses and tracks access. 40. The freight elevator in the building is NOT operable and is considered "locked out" and is not to be used by the Tenant or it's patrons. Locks must be kept in place at all times. If the Tenant chooses to bring the freight elevator into compliance for it's rise, said compliance, licensing and inspection expenses will be paid by the Tenant with no cost or liability on the part of the Landlord. Written permission from Landlord must be obtained. 41. Exterior Structural Maintenance: Repairs for the premises are the responsibility of the Landlord. The Landlord affirms that the building is in good repair as of the date of the commencement of. this Lease. Routine maintenance; of the exterior such as replacement of light bulbs, repair of broken glass, and paint is the responsibility of the Tenant. 42. Interior Maintenance: The Tenant will be responsible for upkeep and maintenance. The Tenant Will purchase and pay for a preventative maintenance service agreement with a qualified heating, ventilation and air conditioning maintenance provider. Tenant will be responsible for the cost of any replacement parts or components to the HVAC system other than the cost of routine consumable items such as filters and motor belts. The Landlord will be responsible for keeping the electrical and sprinkler systems in good operating condition subject to the Tenant's responsibility regarding the 1 VAC maintenance system and the Tenant's responsibility for routine maintenance on said systems. Notwithstanding any of the foregoing,. the Landlord will not be responsible for any damage or repair necessitated because of vandalism, negligence or intentional damage on the part of the Tenant or on the part of the patrons of the Tenant or for damage caused by the negligence of the Tenant or the Tenant's patrons. 43. This Agreement may be cancelled by the Tenant in the event the Tenant cannot obtain a New York State Liquor License after using all customary and reasonable efforts to obtain said liquor license. Tenant will advise the Landlord in the event that it is unable to obtain said liquor license within ninety (90) days of the commencement of this Lease. Tenant agrees to pay rent for a period of sixty (f 0) days after giving said notice of the failure to obtain a liquor license. -3- 44. `tenant will supply Landlord with a copy of emplument applications for all employees of the Tenant for purposes of identification of said employees. The Landlord is to be informed of the identity and address of all contractors and individuals hired by the Tenant to perform work: at the premises. In the event of the filing of a Mechanic's Lien by any contractor or service provider hired by the Tenant, the Tenant will be responsible for the prompt satisfaction of such lien and all associated costs. 45. Steven Lorenzo, residing at 202 Baynes Avenue, Buffalo, New York 14213; Ronald Coons, Jr., residing at 202 Baynes Avenue, Buffalo, New York. 14213; and Ronald Coons, Sr., residing at 10571 Millers Road, Lyndonville, New York 1409$ executing this Lease and the Addendum thereto are Guarantors of the payment o f th rent as provided on page 1 of the Lease Agreement. Illusions Nightclub and Entertainment Complex, LLC Guarantor Simon By= Landlord -4- Approve with the following conditions: • There will be no one under the age of 21 years old permitted after 10:00pm Unless employed by establishment (No Co- mingling of Patrons) • if present, graffiti must be removed from exterior of establishment within 72 hours • Exterior of premise must be cleaned and free of debris by 7:00 am each morning this shall include removal of trash from any receptacles in front or adjacent to property • There shall be no plastic banners and/or non permanent signage displayed between the hours of 7:00am -- 9:00pm daily • There shall be no outdoor music allowed AYE NO * FONTANA * FRANCZYK GOLOMBEK * KEARNS * LOCURTO * RIVERA * RUSSELL * SMITH * * * Maj - 5 2/3- 6 3/4- 7 00 1 � Resolution By: Demone Smith RE: A Commitment to Public Health WHEREAS, tobacco use kills more than 25,000 New Yorkers every year, yet is the leading preventable cause of death in our communities; and WHEREAS, each year, another 21,000 New York State children start to smoke; and WHEREAS, in New York State alone, the tobacco industry spends $423 million annually to market its deadly products; and WHEREAS, tobacco use rates are actually higher in the City of Buffalo in part because of the predatory marketing practices of the tobacco industry, especially targeting; our children; and WHEREAS, tobacco marketing; in retail stores has become commonplace and inescapable to all who shop in such stores whether they use tobacco or not; and WHEREAS, research shows that marketing of tobacco products in retail stores encourages adults and youth to use tobacco, despite its known harmful health effects; and NOW THEREFORE BE IT RESOLVED: All stores that sell tobacco products in the City of Buffalo will be required to have a local tobacco license with the following; provisions: • A requirement that retailers who sell tobacco products post visible health warnings and information about cessation services at the point of sale; and • That all tobacco advertising be black lettering, on white paper; and • That tobacco products not be visibly displayed outside of the store and limited visibility inside of the store BE IT FINALLY RESOLVED that a restriction on the number of licensed tobacco selling outlets that are permitted to operate within the City of B Demone Smith THE I T 00 - ILO 71 BY: DEMONE A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the terra ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clem: 0 Anna Marie Diina TOTAL 1 ADOPTED 0 0 1.0 8 gal BY: DEMONS A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Karen Weatherbee Kristen E. Priore TOTAL 2 ADOPTED 00109 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 1.3` floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev. Committee on. Legislation Special Committees Tuesday, December 1, 2009 at 9:45 o'clock A.M. Tuesday, December 1, 2009 at 10:00 o'clock A.M. Tuesday, December 1, 2009 at 1:00 o'clock P.M. Tuesday, December 1, 2009 at 2:00 o'clock P.M. (Public Disclaimer All meetings are subject to change and cancellation bye respective Chairmen of Council Committees. In the event that there is sufficient ti me given for notification it will be rovided. In addition there ma be meetin s set a whereb the Cit Clerk's Office is not made aware: therefore unless we receive notice from the res ective Chairmen we can only make notification of what we are made aware. 00110 No. Adjournment On a motion by Mr. Fontana, Seconded by 'ns, the Council adjourned at GERALD CHWALINSKI CITY CLERK Nov. 24, 2009