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Home My WebLink About09-0623-0616ss-0618ppCORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, .Tune 23, 2009 AT 2:00 P.M. Present -- David A. Franczyk, President of the Council, and Councilmembers: Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell & Smith - 9 Absent - None On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on June 9, 2009 were approved. DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH ------------- [ MAJ - 51 [ 2l3 - 6 [314- 7] *AWE* NC* � f * * * * * * 7x* * * * * * * * 9 * 0 June 23, 2009 i FROM 'rHE MAYOR June 23, 2009 ITT OF BUFFALO BYRWN W. BROWN MAYOR June 9, 2009 Mr. Gerald Chwalinski Records Management Officer City Clerk Room 1308 City Hall Buffalo, NY 14202 Dear Mr. Chwalinski: Please be advised that effective immediately David Rodriguez, Senior Deputy Corporation Counsel in the Law Department will serve as Acting Corporation Counsel. Thank you for your cooperation. If you have any questions, please don't hesitate to contact me. Sincerely, RECEIVED AND FILED 65N I AGARA SQUARE. / 201 (T1Y [FALL, / BLIPFAL0, NY 14202-3192/ (716) 851 -4841 / P'AX (71 G) $51 -43 (,(1 / nivcv.cfep- hufFa)u,encn 000121 TO: THE COMMON COtJNCII. DATE: June 23, 2009 FROM: TFIf EXECI 'NE DEPARTMENT SUBJECT: Trailblazing Sighs on Kingston Place in Honor of Richard J. Keane Sadly, Richard J. Keane passed away on October 21, 2008 at the age of 75. For 33 years, Dick Keane served his beloved hometown and its residents, beginning in 1965 as a member of the old Board of Supervisors, served as the first Democratic chairman of the Erie County Legislature and subsequently was elected to the New York State Assembly in 1976. I-le; was an 18 -year €ne€nber of the Buffalo fire Department and he was renowned for his dedication to his city, his constituents and, most importantly, to his family. A native of South Buffalo, Dick Keane grew up on Kingston Place, near the Cazenovia Creek. He was one of 16 children, many of whom shared his passion for public life and who, like Dick, also served in the Buffalo fire Department and in government. Following his graduation from Boys Vocational High School, Dick Keane served his country in the United States Air Force. Dick Keane will long be remembered for his effective leadership among his colleagues that comprised the City of Bu:ffalo's New York State Legislative Delegation in the State Capitol and be was regarded highly by members on both sides of the aisle for his dedication to public service, determination to help Buffalo and his respect for all his governmental counterparts. I believe it is fitting that the City of Buffalo honor the memory and legacy of one of the City's greatest public servants. Therefore I respectfully request that Your Honorable Body authorize the placement of trailblazing signs on Kingston Place in honor of Richard J. Keane, near the very home where he grew up in the City of Buffalo. Dick Keane will always be among the City of Buffalo's greatest citizens and his memory shall be honored in perpetuity. DEPARTME'NI" HEAD NAME: Byron W. Brown. TITLE: Mayor SIGNAT Ol? DEPARTMENT ITEAD: t� SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 4, 2009 FROM: DEPARTMENT: Executive SUBJECT: [:Appointment - Johnnie B. Wiley Stadium Board PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Pursuant to the authority granted by Section 18 -39 of the City of Buffalo Charter, I hereby appoint the following individuals to the Johnnie B. Wiley Stadium Board commencing immediately. Otis T. Barker, Sr., Director, Division for Youth Room 2301 City Hall, Buffalo, New York, 14202 Dave Thomas, Director, Physical Education and Athletics, Buffalo Public Schools 86 W. Chippewa, Buffalo, New York, 14202 Aubrey Lloyd, Superintendent, Physical Education and Athletics, Buffalo Public Schools 86 W. Chippewa, Buffalo, New York, 14202 Cedric Holloway, 512 Linwood Avenue, Buffalo, New York, 14209 Danielle Judge - Johnson, 282 Babcock Street, Buffalo, New York, 14210 Thurman Thomas, 1276 Sweet Road, East Aurora, New York, 14052 Mike Buczkowski, Vice President/General Manager, Buffalo Bisons 1 James D. Griffin Plaza, Buffalo, New York, 14203 Dorothy Hill, 327 King Peterson Road, Buffalo, New York, 14204 Kenny Simmons, 445 Northampton Street, Buffalo, New York, 14208 Brett Benderson, Vice President, Benderson Development 570 Delaware Avenue, Buffalo, New York, 14202 Kenny Whigham, 190 Shirley Avenue, Buffalo, New York, 14215 Joann Wiley, P.O. Box 327, Buffalo, New York, 14205 I hereby certify that the above mentioned individuals are fully qualified to serves members of the Johnnie B. Wiley Stadium Board. F r 9f I SIGNATURE DEPARTMENT HEAD TITLE: r, ity of uffa[o REFERRED TO THE COMMITT ON ,,EC.TSLA ION, DEPARTMENT OF COLLECTIONS FROM TI--IE MAYOR - EXECUTIVE DEPARTMENT June 23, 2009 FROM CITIZENS SERVICES 00('64 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: Junes, 2009, FROM: DEPARTMENT: Office of the Mayor_ DIVISION: Citizen Services SUBJECT: Submission of Monthly Report- May 2009 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of May 2009, as mandated by Section 6- 20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. Department Head Name: Oswaldo Mestre Jr. Title: Signature of Department H RECEIVED AND FILED J �E City of Buffalo Citizen Services 218 City Hall Calls Between 51912009 and 513112009 Administrative Adjudication 1' Amencorp _ 5 Anti- Graffiti Program 25, Assessment Issue 2 BFD Fire Issue 2. Block Club CleanU p 2 BMHA 3 Board of Education 5'w BPD Employee Issue 13' Buffalo Police Department 228; Citizen Rights 2 Citizens' Information 61 Citizens Participation & Information 4= City Parks 44 CityClerk Dog License .. ense _ 8 CommServs Senior Services 1' CommSvs CommunityBased Organizations 2 CommSvs Youth Bureau Customer Satisfaction Survey EDPIS 17 Graffiti PW Traffic Z Graffiti EDPIS 24: . _ HR Comp and Benefits 1 Illegal Dumping OSP RealEstate 5' .. Illegal Dumping PW Curb 3 , Illegal Dumping PW Street 3 Inrem Real Estate ,.. 93 Law Claims 28 NationalGrid Streetlights2 159 Olmsted Parks ._ 8 OSP Housi Loans 14 OSP Other Issue 4 Pest 101 PVB Abandoned Vehicle PVB Parking Issue s 79 0 W Adj Violations 36 FROM THE CITY PLANNING BOARD June 23, 2009 0000 5 State Environmental Quality Review Act Involved Agency Findings Statement 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 Zoning Board of Appeals, as an. Involved Agency, makes the following findings. Name of Action: Buffalo Niagara Medical Campus -- North End Development Global Vascular Institute and Clinical and Translational Research Center Applicant: Kalcida Health SEQRA Status: Type 1, Positive Declaration Description of Action: Kaleida Health and the University of Buffalo are proposing to construct the Global Vascular Institute /Clinical and Translational Research Center ( "GVI /CTRC ") at the corner of Ellicott and Goodrich Streets, Buffalo, New York, Location: 122 Goodrich St., Buffalo, New York Lead Agency: City of Buffalo Planning Board Agency Jurisdiction: Pursuant to §511 -146 of the Charter and Code of the City of Buffalo ( "Code ") and New York General City Law §81 -b, the City of Buffalo Zoning Board of Appeals ( "ZBA ") has jurisdiction to consider applications for variances from the requirements of the Code. Here, the Applicant is seeking a Height Variance from the limitation found in §511 -41 of the Code. Date Final Generic Environmental Impact Statement 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: (716) 551 -5086 RECEIVED AND FILE E is j"/ Facts and Conclusions Relied on to Support the Decision: Kaleida Health, Ciminclli Development and the 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 - malting 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 environmental 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 Action was 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 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 PIanning 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 hearing on the DGEIS was held at the Buffalo 8r. 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 Applicants and determined that the FGEIS was complete on January 13, 2009. On January 15, 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 Projects to the maximum extent practicable. "I "he Zoning Board of Appeals ( "ZBA "), as an Involved Agency in this process, received and reviewed all of the documentation cited above. On May 1, 2009, Kaleida Health ( "Kaleida ") and the University of Buffalo ( "UB ") submitted a Site Plan and Area Variance Application ( "Application ") to the City of Buffalo Planning Board and 'ZBA. The Application included a Letter of Intent ( "1,01 "), a Full Environmental Assessment Form ( "FEAF ") and other relevant exhibits to the ZBA. Kaleida is seeking an Area Variance to accommodate the height of the proposed GVI /CTRC. The proposed height of the GVUCTRC is 200' -0" and §511 -41 of the Code limits the height of the building to 75' (based upon the distance to the parking structure across Ellicott St.). 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 Draft Generic Environmental Impact Statement ( "DGEIS ") and Final Generic Environmental Impact Statement ( "FGEIS ") for the entire North End Development on the Buffalo Niagara Medical Campus. Pursuant to the process set forth in the DGEIS, FGEIS and the Findings Statement, the Applicant has prepared and submitted to the ZBA the aforementioned FEAF specifically for the construction of the GVI /CTRC to assist the ZBA in reviewing; potential impacts of the requested variance. The DGEIS and FGEIS also specifically analyzed the potential impacts of the construction of the proposed GVUCTRC found that the impacts were minimal. As such, the proposed construction of the GVI /CTRC was fully analyzed as part of the Planning Board's SEQRA review and the ZBA has determined and concurred that the requested Area Variance 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 ZBA joins in the determination of the Planning Board that the potential environmental impacts of the requested variance are minimal. Additionally, Kaleida will be required to comply with all mitigation measures identified in the Planning Board's Findings Statement. Pursuant to §511 -46 of the Code and New York General City Law §81 -b(4), the ZBA has considered the potential impacts of the requested height variance, the benefits to the Applicants and weighed them against the health, safety and welfare of the neighborhood and the community and has determined that the benefit to the Applicant outweighs any detriment associated with the requested variance. CONCLUSION After evaluating; the cumulative environmental, economic, and social impacts of the proposed GVI /CTRC, and more specifically the requested height variance, the City of Buffalo Zoning Board of Appeals 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. Certification To Approve: Having considered the DGEIS, FGEIS, FEAF and the Findings Statement of the City of Buffalo Planning Board, as Lead 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 [SEQRA]) the Statement of Findings certifies that: 1. The City of Buffalo Zoning Board ol' Appeals has considered the relevant environmental impacts, facts, and conclusions disclosed in the DGEIS and the FGEIS and their supporting materials; 2. The City of Buffalo Zoning Board of Appeals has weighed and balanced the relevant environmental impacts with social, economic, and other considerations; 3. The City of Buffalo Zoning Board of Appeals, as and 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 FEAF; and 6. That adverse environmental impacts will be minimized or avoided to the maximum extent practicable by incorporating, as conditions to this decision, those mitigating measures which were identified as practicable in the Planning Board's Findings Statement dated January 27, 2009. Filing: The City of Buffalo Zoning Board of Appeals' designees are hereby directed to f le and distribute this Findings Statement as required by Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Fart 617 {State Environmental Quality Review Act [SEQRA]). Certification: These findings were adopted by majority vote of the City of Buffalo Zoning Board of Appeals at a duly called meeting held on May 27, 2009. City of B Zoning Board of Appeals Name of ency --, James A. Lewis, III Slgnat re of Responsible Official Name of Responsible Officer Chairman Title of Responsible Official Date 27, 2009 City of Buffalo Zoning Board of Appeals, 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 ' ransportation 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 Erie County Department of Health Erie County Department of Mental Health Erie County Office of Alcohol and Substance Abuse Services Eric County Industrial Development Agency Emergency Services — Sherif'f'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 1` 1 r Buffalo Police Department Buffalo Urban Renewal Agency (BURA) City of Buffalo Common Council City of Buffalo Zoning Board of Appeals City of Buffalo Historic Preservation Board Environmental Notice Bulletin (ENB) (DEC) Erie County Department of Health 00()00; SEQRA NoUre of Determination Non Significance Negative Declaration 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 Hap 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 Westminster Charter School Building Addition 4 Location: 796 East Amherst Street AKA 24 Westminster Avenue Type of Action: Unlisted- Coordinated Description: Kideney Architects on behalf of Westminster Charter School is proposing the construction of a building addition to the existing school located at 796 east Amherst Street (AKA 24 Westminster Avenue). The project will include a one -story addition of approximately 1,275 sf. to be used for the construction of a cafeteria and a food service area (interior). The addition is proposed to be constructed along the north elevation of the building on East Amherst Street. The addition would be constructed using masonry and pre -cast detailing to blend with the recently completed 2008 addition and the 1922 building. The addition will have a fully functioning sprinkler system, The project is privately funded in the amount of 800,000 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: this project will allow for better utilization of space inside the existing building in regard to food service activities, 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 June 16 2009 CC: City Clerk City of Buffalo Public Works, Parks, Streets Depintment City of Buffalo Economic Development, Permits and Inspection Kideney Architects EEC AND FILED / r J z.' .. 00007 SEQRA [Notice of Determination1 Non Significance Negative Declaration 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 SEAR, the Lead Agency has revlewed the following action as it relates to the environment: Action Title The Gardens Office /Maintenance Building with Parking Lot Addition Location; 1,2,3, West Cleveland Avenue Type of Action: Unlisted- Coordinated Description: Affinity Reality Partners / Ken -Vil associates, LLP is proposing the construction of a off€celmaintenancellaundry facility with a new parking lot on the property located at 1,2,8,3, West Cleveland, Buffalo New York. The project will include the construction of a one story building with landscaping and parking. A separate 29 space parking lot with landscaping will also be constructed on the site. Interior rehab and exterior window and door replacement that is not subject to Citywide Site Plan and Design (Repair and updating to existing buildings) is also be presented as a courtesy. The repairs will include new bathrooms and kitchens, new flooring, fixtures and appliances, new interior doors as required, refinished hardwood floors, 22 handicap adaptable apartments and new roofs. Entry areas will be updated and windows installed. New landscaping will be added to each of the buildings where new entry ways are required. The buildings currently have vast green areas and plantings around the fronts of the existing buildings. The project is being funded by the New York State Housing Finance Agency and the New York State Division of Housing $ Community Renewal. 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: this project will allow for the for the continued success of a long standing apartment complex in the Kensington/ Eggert Neighborhood updating the 276 Apartments for the tenants currently residing there and providing handicap accessibility to 22 units. The new maintenance facility /office will help to better serve the tenants of the apartments as well as the maintenance staff. 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 Crunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 716 851 -5085 Dated June16 2005 CC: City Clerk City of buffalo Public works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection New York State Housing Finance Agency New York State Division of Housing and Community Renewal Affinity Reality Partners 1 Q000S SEQRA Notice of Deter r irtation Non Significance Negative Declaration 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 SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Amrex Chemical Co. LLC tq� r,t Location: 391 Exchange Street, AKA 467 Louisiana ` Type of Action: Unlisted- uncoordinated Description: Hagopian Engineering Consultants LLC on behalf of Amrex Chemical Co. is proposing the construction of a warehouse to the existing building located at 391 Exchange Street, AKA 467 Louisiana Street, Buffalo New York. The replacement construction is founded on caisson foundations drilled to rock approximately 13 -112' below finished grade level. The structure of the replacement portion of this project will utilize a steel frame supporting new wood trusses with a shingle roof to match the existing roof lines and colors. The Exchange Street fagade will be six inch CMUs backup faced with 4 "/8" brick to match the existing brick masonry on Exchange Street. Due to the nature of the materials being stored in this building, Amrex Chemical Co. falls under the auspices of the Homeland Security Agency and therefore no windows or doors or other openings that could be burglarized will be used. The first floor will be a concrete slab on structural steel and metal deck, foundation walls will be poured concrete grade beams, and the roof framing consists of structural steel, bar joists, metal roof deck and a membrane roof system. The insulation system will meet code in both the addition and replacement structure. The wall construction of the addition consists of insulated 12" CMUS on three exterior walls and a 12" CMU firewall that will separate the addition from the existing structure. The area of the rep lacement structure will be used for dry chemical storage that will include a dry pipe sprinkler system with the same densities and coverage as is in the rest of the warehouse. A new solvent storage area will be equipped with a dry pipe (foam) suppression sprinkler system. All lighting fixtures in the new solvent storage area will be explosion -proof fixtures, all receptacles will be explosion proof and fire doors with thermally- equipped closures will be utilized at the loading dock and the access door from the existing warehouse side to the new solvent storage area. This area will be utilized for storage of palletized containers, and the area will be equipped with both thermal and vapor detection devices wired to a local security firm to provide early warnings of any heat or vapors that may generate. Landscaping will be added to the west entrance that will include Mugo Pines and Red Cedars as depicted on the site plan. There will be no additional storm water loads on the municipal system. Electrical demands are minimal, however an updated service will be installed. The project is privately funded in the amount of 500.000dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking o this acfion 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: this project will allow for the for the rebuilding of a section of an existing building (demolished section) making it safer for both employees and a improved controlled environment for the material stored in the building. 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 June 16, 2009 CC: City Clerk i City of Buffalo Public Works, Parks, Streets Department., 'ate v i City of Buffalo Economic Development, Permits and Inspection H.E. Consultants, LLC l� 00009 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR — 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 SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Erie Basin Wingate Inn Hotel Location: 10 & 15 La Riviere Drive Type of Action: Unlisted- Coordinated Description: J. W, Pitts Planning & Development LLC on behalf of Specialty Restaurant's is proposing the construction of a Wingate Inn Hotel by Wyndham and an adjacent building on the property located at 10 & 15 La Riviere Drive, Buffalo New York 14202, The proposed development will include the construction of a 98 room four story hotel and a10,500 square foot structure that would be used for cultural arts and specialty retail. The 10,500 square foot structure will be one story along the waters edge with the roof becoming a terrace for hotel activities. The parking is onsite at the ground level and will be increased with the use of the surface tot located at Shanghai Reds Restaurant next door to the proposed development. The amount of onsite parking at the ground level under the hotel building and outside on the surface lot is 56 spaces. This parking is screened by a perimeter wall along the old Erie Street right of way and the east side of the site. The onsite parking combined with Shanghai Reds Restaurant will have a total of 242 available spaces. The entrance to the hotel will be from Templeton Terrace with a two story glass lobby. The hotel building will be LEED certified (Leadership in Energy and Environmental Design) incorporating green designs. Brick facades, large windows, a natural roof with planters are included in the design. A new outdoor urban plaza will be created joining the hotel and the adjacent building with Shanghai Reds Restaurant along the waters edge. The plaza will become the entrance to the adjacent space as well as enhance the existing public access to the water area. The project is privately funded at an estimated cost of ten million dollars. The projected development schedule includes a 12 month construction period beginning in the spring of 2010. The project meets the requirements of the existing Waterfront Urban Renewal Plan, The Buffalo Waterfront Retail Development Area and the covenants of the local Waterfront Associations. A number of community meetings have been held with the developer and a public hearing was held with the City of Buffalo Planning Board. The Planning Board has taken the comments of the Waterfront Associations residents and neighboring property owners into consideration in regard to their decision, Many of the concerns raised at the Public Hearing and at other community meetings were not related to the State Environmental Quality Review Process ( SEQRA) however comments that were related to SEQRA were considered in this determ €nation. 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: this project will complement the existing business, office space and recreational activities currently in place enhancing public access as well as providing employment during construction and cultural arts /specialty retail and hotel related jobs after the project is complete, 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 June16 2009 CC; City Clerk City of Buffalo Common Council ' £ City of Buffalo Economic Development, Permits and Ins -A t nt` I Buffalo Urban Renewal agency Commissioner of Health, Erie County t `I 000_.0 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Articte 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 Building Addition for use by Catholic Healthcare System Location: 400 South Park Avenue Type of Action: Unlisted - Uncoordinated Description: Ellicott Development is proposing the construction of a building addition to the existing building located at 408 South Park Avenue, Buffalo New York. The existing plaza is 17,447 square feet with the Big Basha Grocery Store, Catholic Health Systems and Family Dollar Store as the current tenants. The existing center is zoned C -2 however the recently purchased empty lot will require a rezoning as it is currently zoned R -3. The plaza will be expanded from 17,447 square feet to 35,619 square feet. The expansion is necessary in order to grow the services provided by the Catholic Health System. The health center currently occupies 7,590 square feet of the existing site. A new curb cut will be added along Louisiana Street as well as landscaping improvements, dumpster enclosures, a new fence along the perimeter bordering Hayward, Louisiana, and Fulton Streets. A gated arm will be used to control access to the entranceway. Parking for 121 vehicles will be provided however the requirement is 136 vehicle spaces. The request to allow for 121 vehicles will be handled though the zoning process. The owner is working on acquiring land in close proximity to the property that would add fifty parking spaces if the acquisition is successful. The project is privately funded in the amount of 2,550,000 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: this project will allow the Catholic Health System to provide more service's to the many residents of the surrounding neighborhood including the Perry Housing Development that is located directly across from the center as well as provide temporary construction jobs and employment opportunities to medical professionals, 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 June 16,,_2009 CC: City Clerk City of But'£a[o Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Ellicott Development Company REGEW : ' it g .T ND RLF % ,34 y i� 5 i ,jai 0003.x. SEORA Notice of Determination Non Significance Negative Declaration 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 Hail 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 Ebert Iron Works Inc. Location: 128 Sycamore AKA 21 -33 Pine Avenue Type of Action: Unlisted- Coordinated Description: Ebert Iron Works is proposing the construction of a warehouse addition on the property located at 128 Sycamore AKA 21 -33 Pine Avenue,, Buffalo New York. The project is an expansion of Ebert's existing facility at 128 Sycamore Street in downtown Buffalo. Ebert owns the vacant properties at 21 - 33 Pine Street including 108 Ash Street that will be combined into one parcel. The proposed project includes the construction of a new 8,500 square foot warehouse on the vacant parcel located at 21 -33 Pine Avenue that will be connected to 128 Sycamore Street. The addition will have a maximum height of 23 feet (no taller than their existing building. The warehouse will be used for the storage of sign posts and light weight safety grating. A Zoning Board area variance has been requested to assist with the successful completion of this project. Trucks will use North Pine to unload their product six to eight times per month. The project will be privately funded in the amount of 300,000 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 follows: this project will allow for the for the continued success of a long standing family owned business in the City of Buffalo and provide stability to current employees and possible future employment opportunities to City of Buffalo residents. 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 - 718 851 -5085 Bated June 2, 2009 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Zoning board of Appeals Ebert Iron Works Inc. ®00_bl_2 SEQRA Notice of Determination Non Significance Negative Declaration 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 SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Location: ✓✓✓ "' Type of Action: Parking Lot 256 Wilson Street Unlisted - Uncoordinated Description: ESC, a square capital is proposing the construction of a parking lot on the property located at 256 Wilson Street, Buffalo New York. The project includes the conversion of four formally city owned vacant parcels of land into a twenty four space surface parking lot for use by the tenants of the forty three unit apartment building recently completed. The apartment complex is located across from the proposed parking tot. On April 24, 2009, the City of Buffalo Zoning Board of Appeals granted a variance to construct the parking lot at this location. The project is privately funded with the estimated cost being approximately sixty thousand 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. Reasone Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow ESC a square capital to provide parking for the tenants of their recently completed apartment building . 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 e 716 851 -5065 Dated June 2.2009 CC: City Clark City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspections ESC a square capital !no. FROM THE OFFICE OF STRATEGIC PLANNING ®003 # 1 (Rev. 1/98) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 10, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: SUBJECT: SEAR Lead Agency Designation, True Bethel Housing Construction PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: TYPE SINGLE SPACE BELOW True Bethel Baptist Church proposes to undertake the construction of three single family Domes on vacant, City and Church owned land at 877 -879, 883 -885, and 884- 886 Woodlawn Avenue. The project will be partially financed with assistance from the City under the HUD HOME Program. 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 SEAR, is an "Unlisted Action" for which the completion of a coordinated environmental assessment is required. In accordance with Section 617.6 of the regulations, an agency responsible for determining the effect of this action on the environment must be designated from the involved agencies. The Buffalo Urban Renewal Agency proposes to act as the SEAR Lead Agency for this project, and respectfully requests the consent of the Common Council to this proposal. The project environmental assessment form is set forth below. DEPARTMENT HEAD NAME: ANDREW ESZAK TITLE: DEPUTY EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: V 617.20 Appendix C State Environmental Quality Review FORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I _ PRO.tErT Intl= ORMATIOM ITS ho r_on»lated by Applicant or Protect Sponsor) 1. APPLICANTISPONSOR 2. PROJECT NAME 'Prue Bethel & True Bethel Baptist Church Truf, Bethel Housing 3, PROJECT LOCATION: Municipality �' Y Brie C Of Count e 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) The proposed project is located at [lie corner of Fehr and Woodlaivii. The address along Woodlawn Avenue will include 877,879,883,885,884 &886. 5. PROPOSED ACTION IS: �✓ NOW Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: The proposed developernent is located in the Eastside of Bnffalo. The vancant lots where at one time single family hoines. The applicant is seeking funding to construct (3) single fatrrily homes each home wiil be a incude (4) bedroom each. 7. AMOUNT.�F LAND AFFECT7~t]; 75 Initially Was U3limately acres 8. WILL PROPOSED ACTION COMPLY WITH F_XIST€NG ZONING OR OTHER !~}:€STING LAND USE RESTRICTIONS? Q Yes ❑ No If Igo, describe briefly NJA g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 0 Residential ❑ Industist 0 Commercial Agriculture ❑ Paik/PorestlOpen Space ❑ Other Describe: Land use in the immediate vicinity includes rnostly residential properties, however adjancent to the proposed site is a existing commercial building that services both a Church E offices. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? 0 Yes F-1 No If Yes, list agency(s) name and permiVapprovaIs: Funding- City of Buffalo 110ME- Cl City of Buffalo Site Plan Review. City of Buffalo Building Permit 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT (DR APPROVAL? Yes Wl No If Yes, list agency(s) dame and permltlapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? Yes No I C RTIFY THAT T E I FOR ON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE- Appliea sponsor n e: Creativ Sf i •ttir rvices CIO Truo Bethel Baptist Church Date: May 7 ,2009 / Signal. if the action Is in the Coastal Area, and you are a Mate agency, complete the Coastal Assessment Forth before proceeding with this assessment OVER s I�e� - I .. DEANSUTTON Front Elevation )u Juliet Model A-P, S a r ah Front Elevation Model F irst Floor Plan Juliet Model Gara k � I � E � t i I r t I I I I I I I Cd 4 I Dining Room (D I - .... .... .. . .. . . ... Kitchen VId i I I I I I Great Room s I I I I I Porch I I I L----------------- • I I ® rte F irst Floor Plan Juliet Model J t sr. w I II ! ( I II I I I II I I I II I I 1 Bedroom 4 II U I I I I I I I I I I I I I f I _ I I I I I Bedroom 3 Isi I I II I I 7� 11 Mosier I Bedr 1 I a I o 0 I � I L/ � f --- --'- -- s.� t I I I I � I Bedroom 2 I II I I I .. VOC II I 1 I I 04. 0, �� Se con d Floor Plar - - - - -- - - - - - -V Gard_ E -9 1 05ANSUT'rON XARcHrrrzc L-t-p, O g,GN TO por& First Floor Plan Sarah Model 1/8 A N UT - rO 9 A�zCHITrECT S ��GN Yo 6 4 econd Floor Plan Sarah M ode l City Clerk's Department BUFFALO June 26, 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. 14 PASSED June 23,2009 Strat Plan- Transfer Jurisdiction 1131 Lovejoy COB to Bd of Ed (Lov) Gerald A Chwalinski City Clerk c .. C= C 00 �- t NJ 0 0 () - i :4 2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 9, 2009 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Transfer Jurisdiction of 1131 Lovejoy from the City of Buffalo to the Buffalo Board of Education Lovejoy District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, has received a request from the Buffalo Board of Education to transfer jurisdiction of 1131 Lovejoy from the City of Buffalo to the Buffalo Board of Education for a parking lot for school purposes. The property located at 1131 Lovejoy is a vacant parcel of land located on the west corner of Benzinger, Lot Size 67'x 133'. The City acquired 1131 Lovejoy in August 1979 for off - street parking purposes. This office has contacted the Board of Parking and the District Councilmember and they have no objections to transferring jurisdiction of this parking lot to the Board of Education upon the following: 1. The Board of Education will be responsible for the care and maintenance of the lot, including repaving when necessary, trash removal, snow removal, salting of parking lot and sidewalks and proper landscaping. 2. The Board of Education shall remove any signage stating the parking lot is a R.A.P.P. lot and return the signs to the Board of Parking. 3. The Board of Education shall provide reasonable access for public parking when the lot is not being used during school hours of operation or school functions on evenings and weekends. 4. The Board of Education shall post signs indicating time frames the lot is opened to the public for off - street parking and a telephone number of person responsible for the upkeep of parking lot. 5. If the Board of Education deems that they no longer need this property for school purposes, they will transfer jurisdiction of 1131 Lovejoy back to the City of Buffalo (Board of Parking) for parking purposes. The Division of Real Estate submitted the request to the Land Use Planning Committee and the Committee has no objections to transferring jurisdiction of 1131 Lovejoy from the City of Buffalo to the Buffalo Board of Education school purposes. Fj June 9, 2009 Council Communication Re: 1131 Lovejoy Page 2 The Office of Strategic Planning is recommending that Your Honorable Body approve the transfer jurisdiction of the above - mentioned property from the City of Buffalo to the Buffalo Board of Education based upon the above conditions. TYPE DEPARTMENT HEAD NAME: CARLA A. KOSMERL TYPE TITLE: DIRECTOR OF ADMIN. & FINANCE < - -- - OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: CAK:JPH:plg Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated June 9, 2009, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to transfer jurisdiction of 1131 Lovejoy from the City to the Board of Education for a parking lot for school purposes, with the conditions as listed in the above communication. That the Office of Strategic Planning prepare and execute the necessary agreement for the transfer. Passed 13 T:\wp601m %wrdlnnv1 136.23a.doc J U L - 6 2009 DAVIS * * * _ * * FONTANA * * * FRANCZYK * * * _ * * GO LOMBEK * * _ * _ * * KEARNS * * * _ * * LOCURTO * * _ RIVERA * * * * * RUSSELL * * * * * * * * _ * * F-- * * * ' ^ - - - |�0��- �l * � * � � - ' - - - [2/3 - 6 1 * * * City Clerk's Department BUFFALO June 26, 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. 15 PASSED June 23,2009 Strat Plan - United House of Prayer For All People Req to Use 134,136 & 138 Monroe Gerald A Chwalinski City Clerk CO C -) F ry 000 J J } # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 9, 2009 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: nited House of Prayer For All People Request to (U138 se City -Owned Vacant Lots Located at 134, 136 & Monroe Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) IIIallo irIJ�.101011�.Y7s 49Mrt miFE The Office of Strategic Planning, Division of Real Estate, has received a request from Saint Elder J. L. Webb, Pastor on behalf of the United House of Prayer for All People located at 60 Howard Street, Buffalo, New York to use 134 & 136 & 138 Monroe in conjunction with the 90 Anniversary Celebration of the Church on July 24 -26, 2009. The United House of Prayer for All People will conduct church activities and a cook out for the public. They have agreed to obtain and provide proof of insurance in the amount of $1,000,000.00 naming the City of Buffalo as additional insured. The Land Use Planning Committee was contacted and they have no objections. I am attaching a copy of the proposed use agreement for your approval. The attached agreement is subject to approval as to form by the City of Buffalo, Corporation Counsel's Office. I am recommending that Your Honorable Body approve the request of United House of Prayer for All People upon the above terms and conditions. I am further recommending that the Office of Strategic Planning prepare and execute the necessary use agreement. TYPE DEPARTMENT HEAD NAME: CARL A. KOSMERL TYPE TITLE: DIRECTOR OF ADMINISTRATION & FINANCE OFFICE OF STRATEGIC PLANNING - SIGNATURE OF DEPARTMENT HEAD: CAK:JPH:plg C: mydociease ;GUSEAGREement134,136 &138Monroe LAND USE AGREEMENT BETWEEN THE CITY OF BUFFALO, OFFICE OF STRATEGIC PLANNING, DIVISION OF REAL ESTATE (hereinafter sometimes called "City), a domestic municipal corporation, with its principal office and place of business in City Hall, 65 Niagara Square, Room 905, Buffalo, New York 14202, County of Erie, State of New York AND The United House of Prayer for All People (hereinafter called "Tenant "), having an office for the transaction of business at 60 Howard Street, Buffalo, New York 14206 LAND DESCRIPTION 134 Monroe, 186.50'N of Howard (30'x 109) 136 Monroe, 216.50' N of Howard (30 x 109) 138 Monroe, 246.40' N of Howard (30 x 109), Buffalo, New York 14206 The City of Buffalo agrees to allow the Tenant the use of the parcels of land described above subject to the following conditions: (a) The lease term of this Agreement shall commence on the 24 day of July 2009, and continue through and including the 26 of July 2009. The Tenant agrees to vacate the property on or before the close of business on the 26 of July, 2009 and immediately restore the property back to it's pre - existing condition in a manner satisfactory to the City of Buffalo. (b) Tenant shall have the consent of the City of Buffalo to use the property to hold the Church's 90 Anniversary Celebration. 2, The Tenant and any and all sub - contractors agree to provide and keep in force, during the term of this Agreement, general liability insurance in the amount of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) general aggregate, all naming the City of Buffalo as additional insured. A certificate of said insurance in form and substance satisfactory to the City shall be submitted to the City of Buffalo on or before the date of execution of this Agreement by Tenant and any and all of its sub- contractors. Page 2 3. The Tenant shall and does hereby defend, indemnify and hold harmless the City of Buffalo, its officers and employees, from any and all damages claims, suits, actions and costs because of bodily injury or sickness, including death, sustained by any person or persons, and or from damage to or loss of any property, including loss of use thereof, arising directly or indirectly out of the use of the subject parcel of land by the Tenant, its employees, servants, subcontractors and agents. 4. The Tenant shall protect from damage all water, sewer, gas, electric, or other pipes and conduits and all hydrants, poles, wires or other property to become displaced or damaged by reason of the use of said subject parcel of land by the Tenant and shall indemnify the City of Buffalo against any claim or amount thereof. 5. The property shall only be used as for the Church's 90 th Anniversary Celebration unless specific written permission is given by the City of Buffalo for some other temporary use. The Tenant, seeking a temporary alternative use, shall notify the City of Buffalo, in writing, prior to the intended use, of its desire for such temporary alternative use, including a description of the event and the temporary alternative use intended. 6. All operations on the property will be carried on in a responsible and orderly manner and Tenant agrees to be responsible to pay for all utilities associated with and or used in the operation of the vacant land and agrees to, repair overhead light fixtures; if any and will pay for replacement of any light poles, if damaged beyond repair. At the termination of this Agreement, the property will be immediately restored to its' pre - existing condition (reseed and regrade any grass areas, if necessary), with all materials and equipment removed and or otherwise and all to the satisfaction of the City. 7. In the event the City of Buffalo incurs any expense as a result of the use by the Tenant or any sub - contractor to repair any damage to the property it will be the responsibility of the Tenant to reimburse the City of Buffalo for the expense. 8. The Tenant shall not assign any interest in this Agreement, and shall not transfer any interest in same (whether by assignment or novation). Page 3 9. The Tenant shall pay the City One Dollar ($1.00) and no more. 10. This Agreement does not confer upon the Tenant any permit to deconstruct or demolish. The City of Buffalo, Office of Strategic Planning Division of Real Estate John P. Hannon, Jr., Director of Real Estate United House of Prayer for All People �I Z— 1 (5E Vii/ -L - ZZ ----------- ------------ 7 ri CaLVAl 2.1 1� tz cN�ecH ;NC 2� 6 1 4 90 r at! 85 9. ps --------- 37 41 17 ff 1 83 5 GRAG xUPCcI RNACLE 3 82 S7 - - - - - - - - --- - - - - - - - - - - 2 - - - - - - - - - - 77 "0 33 56 6,i L -- --^ - - Ef 7� - - --"` -- -= 15 7� 0TY OF 8� 22 33 i7rAL0 44 1 a 70 34 37 73 2 a9 I 36 72 s 10 13 IC 92 I rn ii i - - - - - - - - - - - - _ L ____- - 32 12 2 - - - - - - - - - - - - - 30.12 97 3 W� 1 , 3,� lz 15 29 75 A lz 13 - - - - - - - - - - 26.1 L 1 J27 14 _- ________ " 1 1 - - - - - - - - - - S I, 66 9 '14 - - - - - - Ys rs 76 151 16,11, 19 '33 C9 5; K 2 E° f 32 17 2, 2 27 6 76 54 17 25.2 —_ — s5 26 3 �! 15 F 3D. 1 67 Is 5.11 — — — — — — - — — — — - - - - - - - r___ -__ 17 76 7 A' - - - - - - - - - - - - - - - - 52 C 7r 71-1� 29 20 Id CZ C3 64 ZI 20 19 Te -0 re 24 7S Plg V� 1� II 4 EVC 2 1 23 22 21 AP �- 24 22 I i 23 t 19 26 25 2 j 21 2D -HD)AIARr) ST— — — — — — — — — — — — is 17 f 1 as Z4 2, se 2 ze B."rFALD SS R. - - - - - - ---- - - — - - - - - - 21 F4 2 51 2E 22 59 i ; zv ! zs 23 R 7 - - - - - - - - - - 7 64 3D 6z A Z 5a 24 R L 61 57 F - 5 A ' ffiI - - - - - - - - - - - - - - - - - - - se 5 co 'jig 9E 4 26 56 .5,3 6 27 OF FAIi C�Up� 54 . 4 58 04 28 2 2 .1 1 2 ;2 2 32 T3 14 19 30 8 '1 29 23 27 2e 38 25 24 qs R 20 1A R 23 2 20 is 17 f 1 as Z4 2, se 2 ze B."rFALD SS R. - - - - - - ---- - - — - - - - - - 21 F4 2 51 2E 22 59 i ; zv ! zs 23 R 7 - - - - - - - - - - 7 64 3D 6z A Z 5a 24 R L 61 57 F - 5 A ' ffiI - - - - - - - - - - - - - - - - - - - se 5 co 'jig 9E 4 26 56 .5,3 6 27 OF FAIi C�Up� 54 . 4 58 04 28 2 2 .1 -2 T3 14 19 2 20 Tj 21 OF EulfAlo 6' R IR Z8 22 'z 2 R 7 2" fit 30 24 25�1 1 A 5 I" I 64" , 4 4-7 3 as 25 -, 3 2 29 is 17 f 1 as Z4 2, se 2 ze B."rFALD SS R. - - - - - - ---- - - — - - - - - - 21 F4 2 51 2E 22 59 i ; zv ! zs 23 R 7 - - - - - - - - - - 7 64 3D 6z A Z 5a 24 R L 61 57 F - 5 A ' ffiI - - - - - - - - - - - - - - - - - - - se 5 co 'jig 9E 4 26 56 .5,3 6 27 OF FAIi C�Up� 54 . 4 58 04 28 2 2 .1 Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated June 9, 2009, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into a Land Use Agreement with The United House of Prayer for All People for use of 134, 136 and 138 Monroe to commence on July 24 through and including July 26, 2009, with the conditions as listed in the Land Use Agreement. That the Office of Strategic Planning prepare and execute the necessary use agreement and the Corporation Counsel be, and he hereby is authorized to approve as to form. Passed kP m . JUL 14 TAB:nry T:1wp601mswordlr mv114c6 -23 a. doc *AYE* NO * DAVIS LOCURTO FONTANA RNERA * * * FRANCZYK RUSSELL GOLOMBEK KEARNS * * * ------------- [MAJ- 51 * 9 * 0 [213 n 6 [314 - 71 LOCURTO RNERA RUSSELL ------------- [MAJ- 51 * 9 * 0 [213 n 6 [314 - 71 I 4� FROM THE COMPTROLLER June 23, 2009 #1 (Rev. 1193) TO: SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL THE COMMON COUNCIL FROM: DEPAR'T'MENT: DIVISION: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) (ITEM NO. 94, C.C.P. 6 /9 /09) TEXT: 1: City Employees Receiving Multiple Salaries The information you are seeking does not reside in the Department of Audit and Control, however I believe the request has merit in the interests of transparency and accountability. Department Head Name. Andrew A. SanFilippo Title: Cofttroller Signature of Department Head: REFERRED TOTHE C-OW-AITTEE DATE: June 16, 2009 Audit & Control Comptroller City Clerk's Department BUFFALO Jane 26, 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. 17 PASSED June 23,2009 interfund Cash Loans Gerald A Chwalinski City Clerk CO - f7l CD } SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 10, 2009 FROM: DEPARTMENT: Audit & Control /Comptroller SUBJECT: j:Interfund Cash Loan PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No- xxx C.C.P. xxlxxlxx Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $1,000,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3141 - Babcock Street Bridge Replacement GRANT TITLE: City of Buffalo - Babcock Street Bridge Over Norfolk Southern RR C #D017672 GRANT AGENCY: New York State Department of Transportation GRANT AMOUNT: $5,280,000.00 LOAN AMOUNT: Maximum of $1,000,000.00 Estimated Date of Repayment: June 30, 2010 Signature of D�frt(itXe uesting Interfund Cash Loan Step Wk,,�bmmissioner of Public Works, Parks & Streets SIGNATUR15�'' DEPARTMENT HEAD TITLE: Comptroller Andrew A. SanFitippo BYRON W. fiROwN M AYOR CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS Honorable Andrew A. SanFilippo City comptroller Room 1225 City Hall Buffalo, NY 14202 Re: Request Interfund Loan Babcock Street Bridge replacement Project Dear Mr. SanFilippo: June 9, 2009 � E R'i �`9"�� ., STE611?N J. STF' TNIAK COMMISSIONFIZ As per discussion with your staff this letter is to request an interfund loan in the amount of $ 1,000,000.00 for the subject project. These funds are necessary to provide cash flow for construction work in this 2009 season totaling over 6.5 million dollars. This is a federally funded project and attached is a copy of NYSDOT agreement, which was recently executed and indicated the reimbursement for the loan requested. I thank you for your anticipated cooperation in this matter and if you have any question please contact Peter J. Merlo, P.E., City Engineer at 851 -5629. Very truly yours, Janet E. commi, Finance, Policy & urban Affairs 65 NIAGARA' ;Qt)Alti? / 5U2 CI'i'Y 1iAi.1. / BUFF'A[.O, NY 14202,137,1/ (710) 851 -5636 / FAX: (716) 851 -4201 / Email: (lkreuz(&ciey- bu ffilo.ct,)itI ;Dept. of put)iic works R STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION REGION FIVE 100 SENECA STREET BUFFALO, NY 14203 -2939 ALAN E. TAYLon, P.E. REGIONAL DIRECTOR May 28, 2009 Peter J. Merlo, P.E. City Engineer, City of Buffalo City Nall, 65 Niagara Square, Room 502 Buffalo, NY 14202 STANLEY GEE ACTING COMMISSIONER RE: SUPPLEMENTAL AGREEMENT NO. 3 COMPTROLLER'S CONTRACT NO. D017672- PIN 5756.67 BABCOCK STREET BRIDGE OVER NORFOLK SOUTHERN RR BIN 2260420 CITY OF BUFFALO, ERIE COUNTY Dear Mr- Merlo: Attached for your information are two (2) copies of the fully executed Supplemental Agreement No. 3 to Agreement No. 0017672, for the Preliminary Engineering (Scoping & Design I -VI), Right -of -Way Incidentals, Right -of -Way Acquisition and Construction & Construction Inspection phases of the above referenced Bridge Replacement project. The City is currently administering this project's Preliminary Engineering (Scoping & Design I -VI), Right -of -Way Incidentals and Right -of -Way Acquisition phases under Supplemental Agreement No. 2 to Non - Marchiselli Agreement No. D017672, which added the State Marchiselli Aid Funding Reimbursement Terms to the previously executed Non - Marchiselli Agreement No. D017672. Supplemental Agreement No. 3 adds the project's Construction & Construction Inspection phase to this previously executed Agreement. As a result of the execution of Supplemental Agreement No. 3, the phases of the subject project, along with their current costs, as well as current Federal, Non - Federal, State and Local (City) shares are tabulated below. t _ include costs for State Forces Oversight of these phases (Preliminary Engineering phase @ $ 30,000 and ROW Incidentals phase @ $ 2,000), see enclosed Supplemental Agreement No. 3, Schedule A, Page 3, Footnote No. 3. Under the enclosed executed Supplemental Agreement No. 3 to Agreement No. 0017672, the City would administer the subject project's Preliminary Engineering (Scoping & Design I -VI), Right -of -Way Incidentals, Right -of -Way Acquisition and Construction & Construction Inspection phases and has committed to pay, in the first instance, 100% of the Federal and Non - Federal shares of the cost of these project phases which currently equals $ 7,651,375, (see Supplemental Agreement No. 3, Schedule A, Page 2, Section D, Total Project Costs). Federal Non - Federal Phase Phase Cost Share (80% Share 20% State Share Local Share PE (Scoping & Design I -VI) $ 875,000 t $ 700,000 $ 175,000 $ 131,250 $ 43,750 Right -of -Way Incidentals $ 30,500 t $ 24,400 $ 6,100 $ 4,575 $ 1,525 Right -of -Way Acquisition Construction & Inspection $ 145,875 $ 6,600,000 $ 116,700 $ 5,280,000 $ 29,175 $1,320,000 $ 21,881 L 90,00€3 $ 7,294 $330,000 Agreement Amount $ 7,651,375, $ 6,121,100 $ 1,530,275 $ 1,147,706 $ 3B2,569 t _ include costs for State Forces Oversight of these phases (Preliminary Engineering phase @ $ 30,000 and ROW Incidentals phase @ $ 2,000), see enclosed Supplemental Agreement No. 3, Schedule A, Page 3, Footnote No. 3. Under the enclosed executed Supplemental Agreement No. 3 to Agreement No. 0017672, the City would administer the subject project's Preliminary Engineering (Scoping & Design I -VI), Right -of -Way Incidentals, Right -of -Way Acquisition and Construction & Construction Inspection phases and has committed to pay, in the first instance, 100% of the Federal and Non - Federal shares of the cost of these project phases which currently equals $ 7,651,375, (see Supplemental Agreement No. 3, Schedule A, Page 2, Section D, Total Project Costs). Peter J. Merlo, P.E. Supplemental Agreement No. 3 Agreement No. D017672 PIN 5756.67 _ PE, ROW & Construction Phases Page 2 May 28, 2008 The NYSDOT will, via the process described in Exhibit B of Non- Marchiselli.Agreement No. D017672, reimburse the City as the project is progressed the Federal share (80 %) of the cost of these project phases which currently equals $ 6,121,100, resulting in the current Non - Federal (City) share (20 %) of the cost of this project's Preliminary Engineering (Scoping & Design I -VI), ROW Incidentals, ROW Acquisition and Construction & Construction Inspection phases, which equals $ 1,530,275. Additionally, since the subject project was included in the SFY 2005 -06 and SFY 2006 -07 State Budgets for State Marchiselli Aid funding for its Preliminary Engineering, Right -of -Way and/or Construction phases, the State under the enclosed Supplemental Agreement No. 3 to Agreement No. D017672 would also reimburse the City to a maximum of $ 1,147,706 of State Marchiselll Aid as follows: ■ 15 %, the maximum reimbursement of the current $ 875,000 cost of the project's Preliminary Engineering (Scoping & Design I -VI) phase, which equals $ 131,250. Under the previously executed Supplemental Agreement No. 2 to Agreement No. D017672, the City of Buffalo would have been reimbursed to a maximum.of $157,500 of State Marchiselli Aid for this project's Preliminary Engineering (Scoping & Design I -VI) phase which equals 15%,. the maximum reimbursement of Supplemental Agreement No. 2's $ 1,050,000 cost of this project phase. ■ 15 %, the maximum reimbursement of the current $ 30,500cost of the project's ROW Incidentals phase, which equals $ 4,575. The State Marchiselli Aid reimbursement for this project phase was included in the previously executed Supplemental Agreement No. 2 to Agreement No. D017672. ■ 15 %, the maximum reimbursement of the current $ 145,875 cost of the project's ROW Acquisition phase, which equals $ 21,881. The State Marchiselli Aid reimbursement for this project phase was included in the previously executed Supplemental Agreement No. 2 to Agreement No. D017672. ■ 15 %, the maximum reimbursement of the current $ 6,600,000 cost of the project's Construction & Construction Inspection phase, which equals $ 990,000. The enclosed Supplemental Agreement No. 3 to Agreement No. D017672 will also extend Agreement No. D017672's Contract End Date to December 31, 2011. If you have any questions regarding the attached Supplemental Agreement No. 3 to Agreement No. D017672 and /or the agreement process, please contact David J. Priebe in Buffalo at (716) 847 -3137. Questions regarding the implementation of the project should be, directed to Douglas K. Smith, P.E., the Project's Manager in Buffalo at (716) 847 -3626. Very truly yours, Douglas 1 K. Smith, P.E. Local Projects Unit DKS /DJP Encl. SUPPL-(8 /07) supplemental Agreement Cover for Local Agreements Municipality /Sponsor: City of Buffalo` PIN: 5756.67 BIN: 22&04,2 Comptroller's Contract No, X017672 Supplemental Agreement No. 3 Date Prepared:(12/27 /2007) By:DJP InMals Press F1 for Instructions in the blank fields: SUPPLEMENTAL AGREEMENT No. 3 to D017672 (comptroller's contract No.) This Supplemental Agreement is by and between: the New York State Department of Transportation ( "NYSDOT "), having its principal office at 50 Wolf Road, Albany, NY 12232, on behalf of New York State ( "State "); and Ci of Buffalo (the Municipality /Sponsor) Acting by and through the Mayor of the CitV of Buffalo with its office at Buffalo City Hall, Niagara Square Buffalo NY 14202 This amends the existing Agreement between the parties in the following respects only (check applicable categories) ® Amends a previously adopted Schedule A by (check.as applicable): ❑ amending a project description ® amending the contract end date ® amending the scheduled funding by: ® adding additional funding (check and enter the # phase(s) as applicable): ® adding phase Const(3) which covers eligible costs incurred on /after IZ103120AB ❑ adding phase which covers eligible costs incurred on/after ® increasing funding for a project phase(s) ® adding a pin extension ❑ change from Non - Marchiselli to Marchiselli ® deleting /reducing funding for a project phase(s) ❑ other ( ) ® Amends a previously adopted Schedule "B" (Phases, Sub- phase/Tasks, and Allocation of Responsibility) - ❑ Amends the text of the Agreement as follows (insert text below): .Jw. F I.. kwv j - - ,0UjJfJIWININO ILOi ♦ UVWI IIII L_v M nyficvraitJ[iF Municipality /Sponsor: City of Buffalo' PIN: 5756.67 BIN: 2260420 Comptroller's Contract No. DOI7672 Supplemental Agreement No. 3 Date Prepared: (12/27/2007)" By :DJP Press F1 for instructions in the blank fields: Initials IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officials as of the date first above written. MUNIC LITY /SPONSOR: MUNICIPALITY /SPONSOR ATTORNEY: By: By: Print Na _ Print Name: )411N oq a Title: coalv STATE OF NEW YORK } )ss.. COUNTY OF ERIE ) this day of A) — , 2Q 0 before me personally came to *0kno, wn, who being by me duly savor did. depose and say that he /she res' es at L • that he /she is the � DL of the Municipal /Sponsor C oratlo ' ded 1 nd which.executed the abov strument, (except New York City) that it was executed by order of the YK I of said Municipal /Sponsor Corporation pursuant to a resolution which was duly adopted on YAaalop and which a certified copy is attached and made a part hereof; and that he /she signed his /her name thereto by like order. CAVI TTI A.' CHAMBERS RS Notary Public State of Now York � " Qualified in Eirie County X 61() 006mL,- My Commission Expires July 10, � otary Public APPROVED FOR NYSDOT: BY for Cx6missioner of T�Knsortation Agency Certification: in addition to the acceptance of this contract I also "certify that original copies of this signature page will be attached to all other exact copies of this contract. LIAR 3 0 2009 Date: APPROVED AS T M: STATE OF NEW Y ORNEY GENERAL By: Assistant Aft neral COMPTROLLER'S APPR L: APPROVED DEPT'. OF AUDIT & CONTROL• AM 2 7120 � (9 I th New York State Comptroller, By FOR THE STATE COMPTi t to State Finance Law § 112 2 s �'� y NYSDOT /Local Agreement - Schedule A for PIN 5756.67 USC Municipal Contract #: DOI7672 Contract End Date. 12/31 /2011 (mrniddy, y ) ® Check, if date changed f rom th l a s t S A Pu rpose: ❑ Original Standard Agreement ® Supplemental Schedule A No. 3 Agreement ® Locally Administered Municipality /Sponsor (Contract Payee): City of Buffalo Type: Other Municipality /Sponsor (if applicable): ❑ State Administered List participating Munlclpality(les) and the % of cost share for each and indicate by checkbox which. Municipality this Schedule A applies. ❑ Municipality:. %_of Cost share ❑ Municipality: % of Cost share ❑ Municipality: % of Cost share Authorized Project Phase(s) to which this Schedule applies: ® PE /Design ® ROW Incidentals ® ROW Acquisition ® Construction /CI /CS Work Type: BR REPLACE County (If different from Municipality): Erie Project Description ❑ ( Check, ifchangedfrom last Schedule A): Babcock St, Bridge over Norfolk Southern Railroad Additional Project Description (if required): BIN 2260420, City of Buffalo, Erie County. Marchiselli Eligible ® Yes ❑ No Check box to indicate Project Phase change from last . State Fiscal Year(s) TOTAL Schedule PE/Design ROW (RI & RA) Construction/Cl/CS ® Cumulative total for all prior SFYs $158,000.00 $26,500.00 $1,101,500.00 $1,286,000.00 [] . Current SFY $0.00 $0.00 $0.00 $ 0.00 $158,000.00 $26,500.00 $1,101,500.00 1 $1,286,000.00 NYSDOT /Local Agreement - Schedule A l `Current' MW L„`c i�� - .... - '• -1`b -P� SJJ}}�.. 3T,� 3 }- e(5KJ5 iy _£' �S SFw'r�Y� i'- '�v l. i I - li i.' aifi-- •"L'ir.l. 'i�'%i�`3y 4 -`i E �i 3� G. �- Total STATE Other PIN Fiscal or Old Funding Source TOTAL Other FEDERAL Other STATE Other LOCAL Shares entry Total LOCAL Total Costs MARCHISELLI indicator Cost Current $ $ $ $ Current $ $ $ $ $0.00 $382,569.00 $7,651,375.00 Current $ $ $ $ Current $ $ $ $ Current $ $ $ $ Current $ $ $ $ Current $ $ $ $ Current $ $ $ $ $ 0.00 $ 0.00 $ 0.00 $ 0.00 S.I's3 °S .� F+,�,.3 MW L„`c i�� - .... - '• -1`b -P� SJJ}}�.. 3T,� 3 }- e(5KJ5 iy _£' �S SFw'r�Y� i'- '�v l. i I - li i.' aifi-- •"L'ir.l. 'i�'%i�`3y 4 -`i E �i 3� G. �- Total STATE Total FEDERAL Total Other Total LOCAL Total Costs MARCHISELLI Cost STATE Cost Cost (all sources) Cost $6,121,100.00 $1,147,706.00 $0.00 $382,569.00 $7,651,375.00 Name: David J. Priebe Phone N o: 716- 847 -3137 See Agreement (or Supplemental Agreement "Cover) for required contract signatures. NYSDOT /L.ocal Agreement -- Schedule A Footnotes. (See CADB W ebsfte for fink to sample footnotes) • No.1 PREVIOUS AMENDMENT: Supplemental Agreement No. 2 to Non - Marchiselli Agreement No. D0176T dated 06/30/2007 _Amended_ Agreement No. D017672's Text, by "adding" wording converting the Non Marchiselli Payment Terms to Marchiselli Payment Terms..... • No. 2 - MARCHISELLI ALLOCATION TABLE (Page 1): (a.) ROW PHASE: $ 26,500 = $ 13,000 appropriate _plus_ $ 13,500 allocated from the Construction phase via Supplemental Agreement No. 2 to Non- Marchiset Agreement No. D017672 dated 06/30/2007..... (b.) CONSTRUCTION PHASE: $ 1,101,500 = $ 1,115,00E appropriated _minus_ $ 13,500 allocated to the ROW phase via Supplemental Agreement No, 2 to D017672 [see (a.) above)..... • No. 3 — STATE FORCES OVERSIGHT: The Preliminary Engineering (Scoping & Design I -VI) phase, Sectior A, Share 5756.67.121 @ $875,000 and ROW Incidentals phase, Section A, Share 5756.67.221 @ $ 30,50( include $ 30,000 and $ 2,000, respectively, for State Forces Oversight, per the previously executed Non. Marchiselli Agreement No. D017672 dated 08/16/2002...,. • No. 4 �_ MARCHISELLI AID REIMBURSEMENT: Marchiselli Aid Reimbursement Amounts for all phases showr in Section A equal 15 %, the Maximum Reimbursement of the current cost of each phase..... Mr. Fontana moved: That the above communication from the Comptroller dated .tune 10, 2008; be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the 3141 Babcock Street Bridge Replacement in the maximum amount of $1,000,000. The loan will be payable at date of reimbursement. Passed 16 TAB:rmv t :wp60\msword\rrnv\ 16c6 -23a. doc JUL - 6 2009 � DAVIS * * * _ * * * * * FRANCZYK * * * _ * * GOLOMBEK * * * _ * * KEARNS * * * + * L O CU RTO * * - _ RfVERA * * * * * RUSSELL * * * * * � * * � * * * �- * * * " ' - - - [MAJ- 51 * � * � * _ _ _ F2/3 ' 61 * * * [3/4 - 71 Q� () :�.S #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: SUBJECT: DATE: June 16, 2009 Audit & Control CornDtroller PRIOR COUNCIL REFERENCE: (ITEM NO. 89 C.C.P. 6119109) TEXT: (: Need for Immediate Audit of I would like to advise Your Honorable Body that I have already begun an audit review of BERC in the wake of a newspaper investigation that disclosed some of the workings surrounding a defaulted restaurant loan. While this is beyond the traditional oversight of the comptroller, I nonetheless believe that public confidence in our development agencies demands that I conduct this enquiry, and that's what I'm doing. I would also like to use this opportunity to advise the Common Council that while I will consider all your requests concerning audits, it is the sole province of the Comptroller to decide what audits will be done and the scope of those audits. I respectfully request that Your Honorable Body respect the jurisdiction of the Comptroller in the matter of audits and formalize your requests accordingly. In the meantime, I will take under advisement your request for an audit of BURR. Of course, when I have completed my review of BERG, I will file a complete report of findings with the Common Council. Department Head Name: _ Andrew A. SanFilippo Title: Co troller i Signature of Department Head: J "l, �-q REFERRED TO THE COMMITTEE ON CONI'MUN4TY DEVELOPMENT. IJ FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION June 23, 2009 City Clerk's Department BUFFALO June 26, 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. 19 PASSED June 23,2009 Request Approval of Certificate of Adj Base Proportions 2009 Roll Gerald A Chwalinski City Clerk co t ,f r°=M f 0 �r TO: FROM SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL THE COMMON COUNCIL: DATE: June l , 2009 DEPARTMENT: Assessment & Taxation SUBJECT: [: Request Approval of Certificate of [: Adjusted Base Proportions t: 2009 Roll [_. PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx C.C.P. xxtxxlxx) Attached find Certificate of Adjusted Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. SIGNATURE DEPARTMENT HEAD TITLE: Commissioner, Assessment & TaxatiiO z } 4 RP -6733 NEW YORK STATE OFFICE OF REAL PROPERTY SERVICES 001m 16 SHERIDAN AVENUE, ALBANY, NY 12210.2714 ' CERTIFICATE OF ADJl3STED BASE PROPORTIONS PURSUANT TO ARTICLE 19, RPTL ' FOR THE 2006 ASSESSMENT ROLL ' Approved Assessing Unit City of Sufto,140200 CERTIFICATION ' Nemaof Portion City of Bubo • Referonce Roo 2009 " Levy Rol 2008 ' 1367ERMINATION OF PORTION CLASS NET CHANGE IN ASSESSED VALUE DUE TO PHYSICALAN ' ' sacttnn I EQUALMA71ON CHANGES AND COMPUTATION OF CLASS CHANGE IN LEVEL OF ASSESSMENT ^ ' (A) (13) CC) (D) (E) " ' Total Total Total Net SurvtvIN ' Assessed Vallm Assessed VM a Assessed Value Assessed VWw Total ' on the of PITOcai and of Physical and of Assessed Value ^ ' Reference Rod Quiar>tity IncraeSerQuantity Decrease "Cal onthe ' Excluding behveen the beWraen the and Reference Rol " SpeciaiFrarxhdst Reference Rao Reference Red Qua" Changer. ' and Levy Rao and Lary Roo •cuss (13-C1 (A-C) ' Hamartead 4,237,378,384 3,796,600 8,291,206 (4,494.606) 4,229,087,178 + • Nonherrestaad 2,201,285,951 29,670,250 103,968,773 (74,098,823) 2,097,317,178 ' Total Total Net Charge ' Assessed Value Assessed Value Equalization In Level of ' of Equaozatlon of Equalization Changes Assessment • 1, the Clark of the )Vstative tx* of the approved assessing ' ' Increases Decreases Factor • wt klerMed above, hereby eartty that the laoslative body , • betweenfhe between the • datanNned an base paterftges, currant » ' Reference Rao Reference Rao ' penxreages, and wrest base proportions as sell forlh herein ` and Levy Roo and Levy Roo " fore* ass"W ant roll am portion as idermed above. ' Class (F.G) (WE)+1 • Homa leaci 99,143,344 39,572,169 54,571,175 1.01409 ' Nortmestead 69,271,201 60,649,102 8,622,099 1,00411 ' COMPUTATION OF PORTION CLASS ADJUSTMENT FACTOR " • Section I " " (J) (K) (L) (M) (N) (0) ` Taxable Taxable Assessed Value of Total Twmbla Taxable Class • sigrmture • Assessed Va)ue Assessed val a Spacial Fralxhise Assessed Vakm Assessed Vaka Adlustrnent • on tte on the on ft onions on the Factor ` Levy Roo L" Roo Levy Rao Levy Rao Reference Rol " E--Wng atlhe atlha atthe ' Special Franctdsa Reference Roo Reference Roo Retwwm Roo ` Level of Assessmer Laves of Assrnd oval of Asseasneart (K +L) (MIN) ' ` KW*Stead 4,016,448,355 3,960,656,313 0 3,950,656,313 3,956,732,911 1.03393 ' • data • ' Nwhorestead 1.744,390.379 1,737,248,527 357,637,406 2,094,886,933 2,033,077,150 1.00557 ' , ' COMPUTATION OF ADJUSTED BASE PROPORTIONS ' Section M ' • (P) Current (Q) Current (R) • • Base Base Aq-1ed , Hasa ' Proportions Proportions Proporoons ' aq.mtedfor ' Ptrysicat ark • Qursruoty Changes ' Cass fP`O) (Qtsum of Q) • Homestead 52.73383 52.78612 52.61762 " ' NoNmAsteed 47.26617 47.53412 47,39238 » ' Total 100.510000 100.32024 100.00000 " " 7 If 3 Mr_ Fontana moved: That the above communication from the Commissioner of Assessment & Taxation dated June 1, 2009, be received and filed; and That the Common Council approve the Certificate of Adjusted Base Proportions pursuant to Article 19 of the Real Property Tax Law. That the City Clerk be, and he hereby is authorized to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714. That the City Clerk be, and he hereby is authorized to furnish the department with a copy of the approved Certificate. Passed. 18 TARrmv t:livp60 \mstvordlrmv\ I M -23a. doe 'SAYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * '� RIVERA RUSSELL S M I TH [-------- - - - - -� [ MAJ - 5 9 0 [2/3 6] [314 - 7) City Clerk's Department BUFFALO .tune 26, 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. 20 PASSED June 23,2009 Request Approval of Certificate of Current Base Proportions 2009 Roll Gerald A Chwalinski City Clerk co e.� 000`90 TO: FROM: SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL THE COMMON COUNCIL: DATE: June 1, 2009 DEPARTMENT: Assessment & Taxation SUBJECT: [: Request Approval of Certificate of [: Current Base Proportions [: 2009 Roll PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xxlxx) l Attached find Certificate of Base Percentages, Current Percentages and Current Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State O ffice of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210- 2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. SIGNATURE � , DEPARTMENT HEAD TITLE: Commissioner, Assessment & Taxati n 4, Pa ' RP -6701 NEW YORK STATE OFFICE OF REAL PROPERTY SERVICES 061111109 ' ` 16 SHERIDAN AVENUE, ALBANY, NY 12210 -2714 » ' CERT{FICATE OF BASE PERCENTAGES, CURRENT PERCENTAGES AND ` * CURRENT BASE PROPORTIONS PURSUANT TO ARTICLE 19, RPTL, FOR THE ` LEVY OF TAXES ON THE 2009 ASSESSMENT ROLL ' Approved Assessing Unit City of Buffalo, 140200 ' CERTIFICATION ' Name of Portion City of Suffaio DETERMINATION OF BASE PERCENTAGES " Section I ' (A) (8) (C) (D) * 1991 1991 Estimated Base * ' ' Taxable Class Market Percentages ' * Assessed Value Equalization Rate Value ' Clabs A!(B1100) (Clsunr of C) ' * Homestead r 2,146,800,117 69.53 3,087,588,260 58,6549954 * ' • * * Norhomestea 1,836,876,875 84.40 2,176,394,402 41.3450146 * » * Total 3,983,676,992 5,263,982,661 100.00013000 ' DETERMINATION OF CURRENT PERCENTAGES ' Section 11 " (E) (F) (n) (N) " * Prior Year Prior Year Estimated Current * ' ' Taxable Class Market Percentages * Assessed Value Equalization Rate Value * I, the clerk of the legislative body of the approved * Class E F1900) (O/surn of 0) ' assessing unit identfiied above, hereby certify » " that the legislative body determined on ` ' Homestead 3,956 ,732,911 100.90 3,956,732,911 65.51088 ' base percentages, current percentages, and " * * current base proportions as set forth herein for the * Nonhomestea. 2,083,077,150 100.00 2,0$3,077,150 34.46912 * assessment roll and portion as identified above. ' * * Total 6,039,810,061 6,039,810,061 100.00000 * » * — DETERMINATION OF CURRENT BASE PROPORTIONS ' SMdon III ' " (1) (J) (IQ (L) (M) (N) (0) " " Local Base Updated Prospective Adusted % difference Maximum Current ' * Proportion Local Base Current Base Base Proportion between prior Current Base Propertione • ' ' for the Proportion Proportion used for Adjusted Base Proportion * signature " 1992 Part (J) Prior Tax Levy Base Proportion * Assessment Roll Prorated and Prospective « to 100.00 Current ' Base Proportion " ' Class 1*(FUD) (.11sufn of J) ((KIL)- 9 (L *1105) title » ' Homestead 45.45286 50,76563 52.73383 52.45612 0.53 52.73383 ' » * Nonhomestea 54.54714 45,50204 47.26617 47.54388 -0.58 47.26617 ' ' date * Total 100.00090 96.26767 100.00DD0 107.0000000 100.000W " Ratio CBPH to CPH 0.804963 Pa r� if v Mr. Fontana moved: That the above communication from the Commissioner of Assessment & Taxation dated June 1, 2009, be received and filed; and That the Common Council approve the Certificate of Base Percentages, Current Percentages and Current Base Proportions pursuant to Article 19 of the Real Property Tax Law, That the City Clerk be, and he hereby is authorized to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714. That the City Clerk be, and he hereby is authorized to furnish the department with a copy of the approved Certificate. Passed. JUL TARnnv tAwp60\i swordlrmv119c6- 23a.doc *AYE* NO * DAVIS FONT-ANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL * [------- - - - - -- [MAJ- 51 * 9 * 0 [ 2/3 - 61 [3/4 - 7] e, ln` FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS .tune 23, 2009 00 0 »1 I #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 17, 2009 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial 910490 [: Repeal Handicapped Parking [; Choate Avenue, south side [: between a point 343 feet west of Abbott Road [: and a point 40 feet west therefrom [: South District =,rte PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. ( Item No. xxx,_C.C.P. xx/xx/xx HANDICAPPED PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 26 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following. HANDICAPPED PARKING HANDICAPPED PARKING LOCATION Choate Avenue, south side between a point 343 feet west of Abbott Road and a point 40 feet west therefrom PERIOD OF HANDICAPPED PARKING At all times This action is being taken in conjunction with the opening of two -way traffic on this block of Choate Avenue (see Notification Serial #10265) to provide for the safe flow of traffic. SJS/PJM /EDS /R W S TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: _7 (CtmzeHx di.pRq_Ld_) #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL, TO: THE COMMON COUNCIL DATE: June 17, 2009 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial # 10491 [: Repeal No Parking [: on Choate Avenue, south side [: between Mercy Street [: and Abbott Road [: South District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx G.C.P. xx/xx/xx) NO PARKING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Choate Avenue, south side 1:30 AM to 7:00 AM between Mercy Street and Abbott Road This action is being taken in conjunction with the opening of two -way traffic on this block of Choate Avenue (see Notification Serial # 10265) to provide for the safe flow of traffic. SJS/PJM/EDS /RWS TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: ;Chmztc !&NoPa ki.SR.Ml doc) #I (Rev. 1143) SI NGLE PAG COMMUNICATION TO THE COMMON COUNCIL, 1 TO: THE COMMON COUNCIL DATE; June 17, 2009 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10492 [: Install No Standing [: on Choate Avenue, south side [: between Mercy Street j: and Abbott Road [: South District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx C.C.P. xx/xx/xx) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Choate Avenue, south side At all times between Mercy Street and Abbott Road This action is being taken in conjunction with the opening of two -way traffic on this block of Choate Avenue (see Notification Serial #10265) to provide for the safe flow of traffic. SJS /PJM/EDS /RWS TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD (Ch- [MbWfMe yNSAT.d -) #1 (Rev, 1193) SINGLE PAG COMM IJNICAIION TO THI" COMMON COUNCIL TO: TH COMMON COUNCIL DATI?: June 17, 2009 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Isngineering SUBJECT: J: Notification Serial 1110494 [: Install Handicapped Parking; [: Pearl Street, west side [; Parking Meter number 142 [: ( Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) 1: Ex. ( Item No. xxx, C.C. /xx/xx HANDICAPPED PARKING - INSTALL in conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 26 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: HANDICAPPED PARKING HANDICAPPED PARKING LOCATION Pearl Street, west side Parking Meter number 142 PERIOD OF I IANDICAPPED PARKING At all times This action is being taken at the request of Guaranty Building; Associates to make better use of curbside space at this location in conjunction with relocation of loading zone. (see previous serial) SJS /PJM /EDS/R.W S TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.L;. TYPE "T'I'TLE;: City Engineer SIGN.AI:URE OF DEPARTMENT HFAD: � V4, l(' ,— bHD(''PAl c(,, lnA9 El d-) i City Clerk's Department BUFFALO June 26, 2009 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. 23 PASSED June 23,2009 Corrected Copy of Trade in of Vehicles Gerald A Chwalinski City Clerk SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: JUNE 19, 2009 FROM: DEPARTMENT: DEPARTMENT OF PUBLIC WORKSIWATER SUBJECT: [:CORRECTED COPY OF TRADE IN OF VEHICLES [ k , CC, W- I 0fI1 "VLf) JUG€, < 7-603 C1 G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item Na. xxx, C.C.P. xx /xx /xx) THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER, IS REQUESTING PERMISSION TO TRADE IN THE LISTED BELOW VEHICLES.FOR THE PURCHASE OF A NEW CARGO VAN WITH FUNDS FROM AMERICAN WATER SERVICES THE NEW VEHICLE WILL NOT BE A TAKE HOME VEHICLE IT WILL BE UTILIZED IN THE METER SHOP.. TRADE. IN OF W -152 1994 CHEVY PU TRADE IN OF W -176 1997 CHEVY S10 TRADE IN OF W -174 1997 CHEVY S -10 TRADE IN OF W -173 1997 CHVY S -10 TRADE IN OF W -201 1998 JEEP CHERK. TRADE IN OF W -158 1997 CHEVY C2500 TRADE IN OF W159 1994 CHEVY C2500 TRADE IN OF W166 1997 CHEVY G20 VAN SIGNATURE - DIEPARf MEN D TITLE: STEVEN STEPNIAK, COMMISSIONER DEPARTMENT OF PUBLIC WORKS f: t SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: JUNE 19, 2009 FROM: DEPARTMENT: DEPARTMENT OF PUBLIC WORKSIWATER SUBJECT: [:CORRECTED COPY OF TRADE IN OF VEHICLES [ k , CC, W- I 0fI1 "VLf) JUG€, < 7-603 C1 G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item Na. xxx, C.C.P. xx /xx /xx) THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER, IS REQUESTING PERMISSION TO TRADE IN THE LISTED BELOW VEHICLES.FOR THE PURCHASE OF A NEW CARGO VAN WITH FUNDS FROM AMERICAN WATER SERVICES THE NEW VEHICLE WILL NOT BE A TAKE HOME VEHICLE IT WILL BE UTILIZED IN THE METER SHOP.. TRADE. IN OF W -152 1994 CHEVY PU TRADE IN OF W -176 1997 CHEVY S10 TRADE IN OF W -174 1997 CHEVY S -10 TRADE IN OF W -173 1997 CHVY S -10 TRADE IN OF W -201 1998 JEEP CHERK. TRADE IN OF W -158 1997 CHEVY C2500 TRADE IN OF W159 1994 CHEVY C2500 TRADE IN OF W166 1997 CHEVY G20 VAN SIGNATURE - DIEPARf MEN D TITLE: STEVEN STEPNIAK, COMMISSIONER DEPARTMENT OF PUBLIC WORKS f: SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE JUNE 1, 2009 FROM: DEPARTMENT: DEPARTMENT OF PUBLIC WORKSIWATER SUBJECT: [:TRADE IN OF VEHICLES C: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xxlxxlxx L/C THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER, IS REQUESTING PERMISSION TO TRADE IN THE LISTED BELOW VEHICLES.FOR THE PURCHASE OF A NEW CARGO VAN WITH FUNDS FROM AMERICAN WATER SERVICES THE NEW VEHICLE WILL NOT BE A TAKE HOME VEHICLE IT WILL BE UTILIZED IN THE METER SHOP.. TRADE IN OF W -152 1994 CHEVY PU TRADE IN OF W- 1751997 CHEVY S10 TRADE IN OF W- 1741997 CHEVY S -10 TRADE IN OF W- 1731997 CHVY S - TRADE IN OF W-2011998 JEEP CHERK.. TRADE IN OF W- 1581997 CHEVY C2500 TRADE IN OF W1691994 CHEVY 02500 SI ATURE a DEPARTMENT HEAD TITLE: STEVEN STEPNIAK, COMMISSIONER DEPARTMENT OF PUBLIC WORKS Getz,Carole From: Lehner,Christine Sent: Wednesday, June 10, 2009 10:11 AM To: Getz,Carole Subject: RE: ITEM #16 OF CCP 619109 "Trade In of Vehicles" Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 1, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, Division of Water be, and he hereby is authorized to trade in the listed above vehicles for the purchase of a new cargo van with funds from American Water Services, That there be no increase in the number designated as authorized for take -home use, there be no increase in the number designated as marked and unmarked in accordance with Chapter 53 of the City Code and the exceptions thereto granted by this Common Council, and that the replaced vehicles be removed from City service and disposed of in the best interests of the City. Passed, V From; Getz,Carole Sera: Wednesday, June 10, 2009 9:10 AM To: Lehner,Christine Subject: ITEM #16 OF CCP 6/9/09 "Trade In of Vehicles" Can you please forward to me the CDND of this approval? Thank you, Carole 1 *AYE* NO * DAVIS FONT-ANA FRANCZYK ------------- [MAJ- 51 GOLOMBEK 0 [2/3 - 61 KEARNS LOCURTO RIVERA RUSSELL ------------- [MAJ- 51 9 0 [2/3 - 61 [3/4 - 71 A - e,-a =� ZIO- 414 -011" 711W t,:? (Rev 1i93) MUL TIPLE TIPLE PAGE COi?i1M°. iVOATION' TO THE COMMON C 1JNC;l ;J. t t kJ €'ICI ;tt04 t o °v e r a E. rt, ne t v 9 ; 'JM: OEP ME :1T: Public 1,Norks, Parks & Streeis DlV]SlOi'* Cornrnissionef's Office SUBJECT: [: Informational Item (: Johnnie B. Wiley Sports Complex [: Redevelopment [: Ellicott District PRIOR COUNCIL REFERENCE (If Any) f: EX. (Item No. CCP ) TEXT This item is to inform Your Honorable Body that the Buffalo Board of Education is approving the following contracts as listed below. General C'onirtldor:: Anastn5a i- ual +ln a3lr1 e 4430 'Walden Avenue Lancaster, New Yorh 14086 PPd3GI A. M DESCRIPTION PURPOSE: Grant tnndin- Fi•oin The Department ot'llout ino and Urban Development (I MD) and the National Football Lca4ue Local Initiatives Support Corporation (NFLISC) for redevelopment at the Johnnie B. Wiley Sports Complex. Per the terms oCthe grants. %vork in this project and is limited to Improvements including artiricial turf and synthetic trade surfacing. site drainage, site lighting. scoreboards and equipment to the FootballiSoccer Field. Track. and Baseball Field, and l(wker and toilet room upgrades in the'Maintenance /Storage Building. All work will be done in accordance with drawings and specifications developed by DiDonato Associates. Engineering and Architecture P.C. in collaboration with Plant Services and School Planning. " • NUMBER OF PROPOSALS: 4 Anastasi `mucking and Paving $1,745,499.00 4430 Walden Avenue Lancaster, New York 14086 MarkCcrrone Inc. $1,783,437.00 P.O. Box 33009 Niagara Falls. New York 14304 Pinto Construction Services, Inc. $2,161,300.04 1 Babcok Street Buffalo, New York 14210 R.W. Construction, Inc. $2,482,375.00 65 Mid County Drive Orchard Park, New York 14127 • TIMELINE: June 2009 to June 2010 • ADVERTISING: Buffalo News 516109 Buffalo pocket 517109 Buffalo Challenger 5!6/09 . • COST/SOURCE OF FUNDING: $ 1,745,499.00 • FUND NUMBER- F1631 From City of Buffalo HUD Grant $1,545,499.00 F00031316 293 JAL LISC - NFL Grant $200,000.00 This Grant can only be used for work on this project. i .. 'ct7moeil -'i . i is G: A : ituldiill. fl . f iic Dkfparull lit of 1lug1siIlu and Levclupincnt i i lk. i�) acid Ih% :iNaLi0nal Pootbalf _ ly!lY Local lnrtliak .Support Corporation , NRA. ) r ?dc :�.iupinzilL ill thu sohnrne B. iiltley spsii"ts I Per the terms of the gyrarli_S, work ill this pr'J Ct aild is kinited to impro including artificial tur�and s`,-nthcdc track , iurtaciug. site site lielltin�g . scorcboards and equipment to the Football. Soeca f=ield. Track and Baseball F icid, and lucks-r and toilet room upgrades in the iMaintenaocc/Storagv Building, All work will be done in accordance with drawings and sp(;60cations developed by DiConato Associatcs, Engineering and Architecture P.C_ in collaboration with PlavE Services and School Planning. 14 tiiklib BER OF ROPT)SA .S: t O'Conn0l Electric Company `.51=10,800.00 929 B Bransoin Road Lancaster, New York 14086 a TINIEEINE: .fungi 2009 to lune 2010 ADVERTISING: Buffalo News 516109 Buffalo Rocket 5/7109 Buffalo Challenger 516109 0)STISOURCE OF FUNDIINO: $140,800-00 s FUND NUMBER- 11631 From City or Bu[ alo HUD Grant This Grant can only be used for work oil this project. :'�ICCItnIiSti Ji s�iu- '.fli?It3:� �. ?)'�I C?'EiCtnt': J-R. sw;Irison Plumbing Co. Inc. 413 103 rd. Street ,Nia.;_lra Falls, New York 14304 PROGRAM DESCRIPTION PURPOSE: Grant running from The Department of HOUSing and urban Dc:veloprnent (I IUD) and the National Football League Local IrlitiativeS Support Corporation (NI FLISC) for redevelopment at the Johnnie B. Wiley Sports Complex, Per the terms of the grants, work in this project .lnd is limibc d to Improvements including artificial turf and synthetic trade Surfacing, site drainage. site lighting, scoreboards and equipment to the Football /Soccer Field, crack and Baseball Field, and locker and toilet room upgrades in the )Maintenance /Storage Building. All work will be done in accordance with drawings and specifications developed by DiDonato Associates, Engineering and Architecture P.C. in collaboration with Plant Services and School Planning. 0 NUMBER OF PROPOSALS. I A.R. Swanson Plumbing Co. Inc. 413 103 rd Street Niagara Fells, New York 14304 • TINIELINE: June 2009 to June 2010 s ADVERTISING: Butf`alo News 516109 Buffalo Rocket 5/7/09 Buffalo Challenger 516109 • COST/SOURCE OF FUNDING: $81,010.00 I: FUND NUMBER. H631 From City of Buffalo l-IUD Grant H E D AND FRIE D 10,� Grant can only,be as d :ror work on this project. SJS I? /Fl 1 cc: S. arvey, E3�tildings Department Head Name: Steven J. Ste niak Title: Commissioner c s Parks & Streets i Signature of Department Head: City Clerk's Department BUFFALO June 26, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, 1 present herewith the attached resolution item. No. 25 PASSED June 23,2009 Permission to Increase Contract -South Park Improv (South) Gerald A Chwalinski City Clerk c� co .. r �t � araC7 00` 4.1 (Rev. 1/93) SINGI_,EPAGE COMMUNICATION `I'O THE COMMON COUNCIL TO: THE COMMON COUNCI., DATE. Jane 17, 2009 FROM: DE PAR'T'MENT: Public Works, Parks & Streets DIVISION: Fngineering SUBJECT: 1: Permission to Increase Contract DiDonato Associates j: South. Park Improvements I': Contract #93000245 1: South District PRIOR COUNCIL REFER �,NC>:?: (IF ANY) [: I hereby submit to Your Honorable Body the following change for this contract. DiDonato Associates is the engineering consultant for the South Park Avenue Improvements project. This project includes the study, detailed design and construction management /inspection. This increase is necessary to incorporate detailed design for the TE,P grant awarded the City for South Park Avenue and Tifft. Street. This grant award is part of the overall South Park Improvement project and is federally funded. The finding will be 80% Federal, 15% State and 5% City, I certify that his increase is fair and equitable Im the work involved and I respectfully request that Your I Ionorable Body approve the sut�ect change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $29,990. Of this amount, 5% or 51,499.50 is the City share of the change. The Federal and State portions (95 %) have already received approval. The funds are available in Capital Projects Account #3179000€- 445500. SJS /PJM /JDB:dab Cc: Steven J. Stepniak, Commissioner TYPE DEPARTMENT IIEAD NAME: TYPE TITLE: SIGNATURE: OF DEPARTMENT I-IEM) (spark- designco- 061 709.doc) Peter J. Merlo, P.E. City Engineer f I � l/ Mr. Fontana moved: That the above communication from the Commissioner of public Works, Parks and Streets dated .tune 17, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to DiDonato Associates, an increase in the amount of $29,990, as more fully described in the above communication, for work relating to South Park Improvements, Contract #93000245. Funds for this project are available in Capital Projects Account #31790006 - 445100. Passed 23 - M�l c:lwp601mswordV mv123c6- 23a.doc I I JUL ® 6 2009 r .. fT *AYE* NO DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH Ali [-------- - - - - -] [ MAJ - 51 9 * 0 [2/3 61 [3/4 - 71 City Clerk's Department BUFFALO .tune 26, 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. 26 PASSED June 23,2049 Report of Bids -City Court Elevator Upgrade Gerald A Chwalinsi City Clerk co 't7 r r- Fri to #2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL. DATE: June 11, 2009 0 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings _ SUBJECT: [: Report of Bids [: City Court [: Elevator Upgrade [: Job #0937 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY): (EX.: Item No. CCP ) TEXT I seat out Requests for Proposals on April 14, 2009, and received the following formal sealed bids for City Court, Elevator Upgrade, which were publicly opened and read on May 7, 2009. Bison Elevator $165,622.00 295 Main, Buffalo, NY Schindler Elevator $199,458.00 80 Cartwright, Williamsville, NY Access Elevator & Lift No Bid 1209 East Second, Jamestown, NY DCB Elevator No Bid P O Box 426, Lewiston, NY Elevator Maintenance of Bflo No Bid 701 Seneca, Buffalo, NY Otis Elevator No Bid 354 Sonwil, Buffalo, NY Ikeco Renovation No Bid 111 Shirley, Buffalo, NY Thyssen Krupp Elevator No Bid 2495 Walden, Buffalo, NY Gallagher Elevator No Bid 135 South Division, Buffalo, NY Metro Elevator No Bid 3110 N Ritter, Indianapolis, IN I hereby certify that the foregoing is a true and correct statement of all bids received and that Bison Elevator Co., with a bid of One Hundred Sixty Five Thousand Six Hundred Twenty Two and 001100 Dollars ($165,622.00), is the lowest responsible bidder in accordance with the plans and specifications, recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in 39162906- 445100 ($158,117.00) 8, 30125506- 445100 ($7,505.00) -- Buildings. S /PJM /DAH /dIg cc: Contract Compliance Office J. Schollard, Buildings S. Harvey, Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Engin Signature of Department Head: ��1� Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 10, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for City Court, Elevator Upgrade, Job #0937, to Bison Elevator Co., the lowest responsible bidder, in the amount of $165,622.00. Funds for the project are available in 39162906 - 445100 ($158,117.00) & 30125506- 445100 - Buildings. Passed. 24 A P P R 0 V E'Em, M D TAB: n,v t:\wp60\msword\rmv\.24c6- 23a.doc J L 2009 'SAYE* NO * DAVIS FONTANA * �` * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL * * [ MAJ - 5 9 0 [ 2/3 e 6 ] * '� [3/4 7 j City Clerk's Department BUFFALO June 26, 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. 27 PASSED June 23,2009 Report of Bids --Erie Canal Harbor Streets -Phase II Gerald A Chwalinski City Clerk na f z] 00012 7 111 (Rev. 1193) SING IIJ , PACES COMMUNICATION TO ` IIE COMMON COUNCIL TO: THE COMMON COUNCIL DATF ,tune 15, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids 1: Erie Canal harbor Streets - Phase 2 [: PIN #5755.99 [: hillmore District PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise Your honorable Body that I. have advertised and received bids on June 10, 2009 The lowest three bids received were: C ontractor B ase Bid Total }aid Pric Mark Cerrone, Inc. $2,482,962.00 $2,607,110-10 P.O. Box 3009 Niagara Falls, NY 14303 Destro & Bros_ Conrete Co., Inc, $2,683,300.00* $2,817,465.00 411 I..,udington St. Buffalo, NY 14206 North America Construction $2,779,314.95* $2,918,28030 1417 Alleghany Rd. Attica, NY 14011 *Corrected Amount I hereby certify that the lowest responsible bidder for the above project is Mark Cerrone, Inc. and I respcctifully recommend that Your Honorable Body authorize a contract award to Mark Cerrone, Inc. in the amount of $2,607,110.10. (Base Bid of $2,482,962.00 1 [5% unit lit increases l $124,148.10 equals [Total Award] $2,607,110. 1 0). The engineer's estimate for this work is $3,314,605.00_ "]'his project is a 95% reimbursed Federal Aid highway Project and funds for this project are available in our Capital Account 435872606- 445100. SJS /PJM /JDB /dab Cc: Andrew Sanfilippo, Comptroller Bill Heinold, Accountant "I�YPI 10"PARTMENf HEAD NAME: Peter J. Merlo, _T- TYPE TITLE: City Engineer _. S IGNATURE OF D1 PART'MEN'I' HEAD: l Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 15, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Erie Canal Harbor Streets --- Phase 2, PIN 45755.99, to Mark Cerrone, Inc., the lowest responsible bidder, in the amount of $2,607.110.10 (Base Bid of $2,452,962 + [5% unit price increases] $124,148.10 equals a Total Award $2,607,110.10. This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in Passed. 25 . Ilia TAB:rrnv JUL m- 6 2009 tA -23a. doe *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL * '� S M I y -------- - -- - - � 7k [MAJ- S) * 9 0 [ 2/3 - G) [3/4 - 7] FROM THE COMMISSIONER OF POLICE .Tune 23, 2009 #I (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Commissioner's Office SUBJECT DATE: June 17, 2009 {: Audit Report City of Buffalo Recycling Program I./l/2005-5/31/2008 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx /xx) I Item No. 8; C.C.P. 04/28/09 The Department of Public Works, Parks and Streets hereby submits the following reply to the Department of Audit and Control's "Audit Report on the City's Recycling Program" submitted to the Buffalo Common Council on April 28, 2009. This department agreed with many of the recommendations and findings of the report and we have begun to take steps to comply with several of the points raised by the audit. The attached reply to the audit, the audit itself and any subsequent discussion that may occur with the Buffalo Common Council and our department concerning the City of Buffalo's Recycling; Program will benefit the recycling service provided to the residents of this City and the environment in which we live. TYPE DEPARTMENT HE'AI) NAME: Steven J. Stepniak TYPE "I'I`I "L.F: Commissioner of Public Works, Parks SIGNATURE OF DEPARTMENT IILAD: .1� / SJS /PJM:cmg Attachment Cc: Peter J. Merlo, P.E., City Engincer Paul Sullivan, Streets Andrew Goldstein, Recycling REFERRED TO THECOM ON FINA , S f City of Buffalo Department of Public Works, Streets and Parr Response to the Department of Audit & Control Audit Report on the City's Recycling Program and Allied Waste Services January 1, 2005 through May 31, 2008 May 7, 2009 The Audit contained many suggestions that need to be addressed by this Department in short order. It also contains recommendations that since May 2008, we have adopted. In this response to the audit, we have identified those issues in which we agree and those issues in which we disagree. We feel it should be noted that the many important initiatives the Department and the City's Recycling Coordinator have under taken since 2005: • The City has now 13 locations where residents can pick up recycling boxes. • There has been 3 major public marketing campaigns that utilized, billboards, bus placards, newspaper advertising, direct mail, and radio spots + Public television programming, website development (buffalorecycles.com) • 8 E -Waste collection events + 4 Household Hazardous waste collection events • Special Event Recycling at over 25 events • "Recycle at Your School" program established • Outreach to Block Clubs and Community Groups • Door -to -door outreach efforts • Recycling literature inserted into every quarterly User Fee Billing since 2004. • Monitoring of citizen complaints to the Mayor's Call and Resolution Center • Collaboration with community organizations to further promote recycling (Olmsted Parks, Buffalo State, UB, Elmwood Village, Board of Block Clubs, Keep Western New York Beautiful, Buffalo Convention and Visitors Bureau, etc.) Andrew Goldstein, the Recycling Coordinator to the City of Buffalo, has set up an office in Room 502 and has been working in City Hall at least 25 hours per week. Starting May 11, 2009 the Coordinator will be reporting to City Hall every day on a full -time basis. We are committed to add to, enhance and improve the City's recycling program every year. The Audit has helped to identify our weaknesses and we expect to enact changes to the program to remedy our shortcomings. 2 Audit Findings and Recommendations 1. Develop a better model to track household participation Public Works and the Recycling Coordinator presently update recycling rates monthly. We receive tonnage reports from Allied Waste (recycling) and from Modern Disposal at the end of each month. The rates are weight -based and allow the city to monitor recycling rates by garbage districts and compare them to previous days, months or years.. Participation rates are measured by the actual counting of recycling box set outs and comparing them to garbage tote set outs. At the present time there is no mechanism to accomplish this task. In the next contract for recycling collection, Public Works will ask the contractor to make quarterly counts of the number of recycling boxes collected. In November of 2007, the Recycling Coordinator assisted a University of Buffalo intern to prepare a report on recycling participation in the city. The rates were based on sampling on the districts and the results showed variations from 8% to 80 %. (please see attached map). We will be requesting a fall intern to work with the Recycling Coordinator for the Fall semester. 2. Advertising Funds The majority of funds spent by the City of Buffalo in the years 2006 and 2007 went to fund the local match of the NYS DEC Recycling Outreacb/Coordinator Grant. For the years 2006 and 2007, approximately $124,000 was spent on promotional items, bill boards, bus placards, direct mail, radio, brochures, newspaper advertisements, website development, school recycling incentives and a -waste collections. In 2008 those expenses were over $48,000 and in 2009 we have a budget to spent approximately $70,000 on programmatic costs. It is accurate that recycling funds were spent on recycling boxes, usually averaging $13,000 per year. Public Works will to do better to keep funds available for the purchase of recycling boxes from the proper budget lines. We believe that keeping boxes always available to residents is important to keep participation as high as possible. 3. Consideration of an Incentive Program We continue to examine modifying the User Fee charges to give incentives to residents to choose smaller garbage totes. We are also exploring adding "rebates" to those who do recycle. Our Department has met twice with representatives with "RecycleBank ", a company that has programs in other cities that reward recycling 3 i with coupon give - aways. We are expecting a proposal from RecycleBank as part of our RFP for the Collection of Recyclables for the years 2010 -2015. 4. Increasing types of materials recycled Only in a new contract, can the City include other plastics as acceptable. Changes to this list will be part of the 2010 RFP. 5. Model Recycling in City Hall and other city buildings While City Hall does have recycling of both paper and bottles on most floors, we need to re- emphasize the City's commitment to Recycling and we will be working with William McGuire, Building Superintendent, to accomplish this goal. 6. Special Events, City Parks Recycling The audit missed our efforts that have brought recycling to many of the city's special events. Since 2007, we have recycled at over 30 special events, such as, Gus Maeker, Elmwood Festival of the Arts, Juneteenth, Allentown Art Festival, Corporate Challenge, Taste of Buffalo, and many races and walks. The Recycling Coordinator continue to serve on the City's Special Events Committee and actively participates with event coordinators to set -up recycling. We assisted Elmwood Village with their beautiful recycling stations. We will also assist Olmsted Parks with their 2009 recycling at their parks. 7. Mandatory recycling It is our plan to first create an incentive program before we examine mandating household recycling. We are working with the Common Council President's staff to rewrite commercial mandatory recycling ordinances. 8. Tracking System and Targeting Districts Our Department does monitor the recycling rates by district. The audit suggests that we use these numbers to target areas with outreach efforts. In analyzing the recycling rates across all districts, it is our opinion that targeting one area over another may not be the most effective use of funds; that in all districts there is room for improvement. It is also important to thank residents that are already recycling with positive messaging. 9. Hiring a full time Recycling Coordinator The City benefited by the County's covering 40% of the required local match to the NYS DEC Recycling Grant. Since 2004, the City, by joining the County, has received annually a $117,000 recycling program at a cost of only $35,000. The Audit's suggestion that the City would be able to enjoy better results by hiring its own recycling coordinator is worth serious consideration by this Department. The Coordinator is being asked, as of May 11, 2009 to spend full -time at the recycling office within City Hall. 4 It 10. Daily Log Sheets for Recycling Vehicles Allied Waste has ended all use of the City's recycling trucks outside of the City's borders. The City will begin to periodically check log sheets to verify Allied's commitment to this policy. 11. Reconcile Weight Tickets We will work with the Audit Department to develop the best way to collect weight tickets and reconcile weight tickets was fund and rebates due to the City. This Department will monitor and provide written reports summarizing weights and their expected revenues to the Department of Audit on a Monthly basis. This Department welcomes the suggestions and recommendations of the Department of Audit. Over the next few month's we pledge to come before the Common Council with a more detailed response that will include actionable tasks, budgets and timelines. As it now stands, we have outlined the expenditures of approximately $70,000 for an aggressive marketing and outreach program to be spent by December 2009. We are always willing to meet with Common Council to discuss our common effort of improving recycling in our fair city. m 33% 4.1% 'b AS# 5 % 3494 23% 32% v u i SI% Iv i 5.00 D 7,5W 10,DDD c ar of Buffalo = Census Try 200 Recycling Participation Rate 2007 i ml% 77%% 31% .. S2% zm 2 27% 1s% X356 4Z% 41% 3 VA 22% W i ll 31 i % 2E[% 37% 17% q 3 S% z7%. i #i :Z2% 17% 35 % 3si<i r� X195 53% 3 10% at% 23% e� 23% 32% v u i SI% Iv i 5.00 D 7,5W 10,DDD c ar of Buffalo = Census Try 200 Recycling Participation Rate 2007 f � City of Buffalo Department of Public Works, Streets and Parks Response to the Department of Audit & Control Audit Report on the City's Recycling Program and Allied Waste Services January 1, 2005 through May 31, 2008 May 7, 2009 The Audit contained many suggestions that need to be addressed by this Department in short order. It also contains recommendations that since May 2008, we have adopted. In this response to the audit, we have identified those issues in which we agree and those issues in which we disagree. We feel it should be noted that the many important initiatives the Department and the City's Recycling Coordinator have under taken since 2005: • The City has now 13 locations where residents can pick up recycling boxes. • There has been 3 major public marketing campaigns that utilized, billboards, bus placards, newspaper advertising, direct mail, and radio spots • Public television programming, website development (buffalorecycles.com) • 8 E -Waste collection events 4 Household Hazardous waste collection events • Special Event Recycling at over 25 events • "Recycle at Your School" program established • Outreach to Block Clubs and Community Groups • Door -to -door outreach efforts • Recycling literature inserted into every quarterly User Fee Billing since 2004. • Monitoring of citizen complaints to the Mayor's Call and Resolution Center • Collaboration with community organizations to further promote recycling (Olmsted Parks, Buffalo State, UB, Elmwood Village, Board of Block Clubs, Keep Western New York Beautiful, Buffalo Convention and Visitors Bureau, etc.) Andrew Goldstein, the Recycling Coordinator to the City of Buffalo, has set up an office in Room 502 and has been working in City Hall at least 25 hours per week. Starting May 11, 2009 the Coordinator will be reporting to City Hall every day on a full -time basis. We are committed to add to, enhance and improve the City's recycling program every year. The Audit has helped to identify our weaknesses and we expect to enact changes to the program to remedy our shortcomings. 2 � U Audit Findings and Recommendations 1. Develop a better model to track household participation Public Works and the Recycling Coordinator presently update recycling rates monthly. We receive tonnage reports from Allied Waste (recycling) and from Modern Disposal at the end of each month. The rates are weight -based and allow the city to monitor recycling rates by garbage districts and compare them to previous days, months or years.. Participation rates are measured by the actual counting of recycling box set outs and comparing them to garbage tote set outs. At the present time there is no mechanism to accomplish this task. In the next contract for recycling collection, Public Works will ask the contractor to make quarterly counts of the number of recycling boxes collected. In November of 2007, the Recycling Coordinator assisted a University of Buffalo intern to prepare a report on recycling participation in the city. The rates were based on sampling on the districts and the results showed variations from 8% to 80 %. (please see attached map). We will be requesting a fall intern to work with the Recycling Coordinator for the Fall semester. 2. Advertising Funds The majority of funds spent by the City of Buffalo in the years 2006 and 2007 went to fund the local match of the NYS DEC Recycling Outreach/Coordinator Grant. For the years 2006 and 2007, approximately $124,000 was spent on promotional items, bill boards, bus placards, direct mail, radio, brochures, newspaper advertisements, website development, school recycling incentives and e -waste collections. In 2008 those expenses were over $48,000 and in 2009 we have a budget to spent approximately $70,000 on programmatic costs. It is accurate that recycling funds were spent on recycling boxes, usually averaging $13,000 per year. Public Works will to do better to keep funds available for the purchase of recycling boxes from the proper budget lines. We believe that keeping boxes always available to residents is important to keep participation as high as possible. 3. Consideration of an Incentive Program We continue to examine modifying the User Fee charges to give incentives to residents to choose smaller garbage totes. We are also exploring adding "rebates" to those who do recycle. Our Department has met twice with representatives with "RecycleBank ", a company that has programs in other cities that reward recycling Y 6 U with coupon give - sways. We are expecting a proposal from RecycleBank as part of our RFP for the Collection of Recyclables for the years 2010 -2015. 4. Increasing types of materials recycled Only in a new contract, can the City include other plastics as acceptable. Changes to this list will be part of the 2010 RFP. 5. Model Recycling in City Hall and other city buildings While City Hall does have recycling of both paper and bottles on most floors, we need to re- emphasize the City's commitment to Recycling and we will be working with William McGuire, Building Superintendent, to accomplish this goal. b. Special Events, City Parks Recycling The audit missed our efforts that have brought recycling to many of the city's special events. Since 2007, we have recycled at over 30 special events, such as, Gus Maeker, Elmwood Festival of the Arts, Juneteenth, Allentown Art Festival, Corporate Challenge, Taste of Buffalo, and many races and walks. The Recycling Coordinator continue to serve on the City's Special Events Committee and actively participates with event coordinators to set -up recycling. We assisted Elmwood Village with their beautiful recycling stations. We will also assist Olmsted Parks with their 2009 recycling at their parks. 7. Mandatory recycling It is our plan to first create an incentive program before we examine mandating household recycling. We are working with the Common Council President's staff to rewrite commercial mandatory recycling ordinances. g. Tracking System and Targeting Districts Our Department does monitor the recycling rates by district. The audit suggests that we use these numbers to target areas with outreach efforts. In analyzing the recycling rates across all districts, it is our opinion that targeting one area over another may not be the most effective use of funds; that in all districts there is room for improvement. It is also important to thank residents that are already recycling with positive messaging. 9. Hiring a full time Recycling Coordinator The City benefited by the County's covering 40% of the required local match to the NYS DEC Recycling Grant. Since 2004, the City, by joining the County, has received annually a $117,000 recycling program at a cost of only $35,000. The Audit's suggestion that the City would be able to enjoy better results by hiring its own recycling coordinator is worth serious consideration by this Department. The Coordinator is being asked, as of May 11, 2009 to spend full -time at the recycling office within City Hall. 4 r 10. Daily Log Sheets for Recycling Vehicles Allied Waste has ended all use of the City's recycling trucks outside of the City's borders. The City will begin to periodically check log sheets to verify Allied's commitment to this policy. 11. Reconcile Weight Tickets We will work with the Audit Department to develop the best way to collect weight tickets and reconcile weight tickets was fund and rebates due to the City. This Department will monitor and provide written reports summarizing weights and their expected revenues to the Department of Audit on a Monthly basis. This Department welcomes the suggestions and recommendations of the Department of Audit. Over the next few month's we pledge to come before the Common Council with a more detailed response that will include actionable tasks, budgets and timelines. As it now stands, we have outlined the expenditures of approximately $70,000 for an aggressive marketing and outreach program to be spent by December 2009. We are always willing to meet with Common Council to discuss our common effort of improving recycling in our fair city. I 0 Z5QG 5,000, 7.500 1D,{MD 1D; City of Buffalo Census Trams 2CM Feet Recycling Padicipaton Rate 2007 ,'t'K a " Cie C19 1=':47 Roll- T -803 POOX,_,' 0 2 P -61 0 0 S -a D EPARTM ENT OF POLICE 4 �- }d �s�alo H. McCarthy Gipson 74 Franklin Street Commissioner of Police BuMdo, NY 1 4202 - 40199 Phone: (716) 85 1-4444 June 4, 2009 Jacquelin: Rushton Sr. Legal Assistant Common. Council of Buffalo 65 Niagara Sq_ Buffalos, NY 14202 : Annual. Action Plan 2009 --1019 Ms 12usht ©n In response to your Letter dated May 27, 2009, the ,Annual Action Plan 2009-2010, `•Enhancing Our Envi z:onment" and Public Safety Initiatives: 1. "Use Crimereports.com to Combat. Cri The Buffalo Police Department has implemented the use of "Crimereports.com" effective: 1000hrs, May 29, 2009. The website is available through both the Buffalo Police Department website as well as the City of Buffalo website and has also been linked to the local media including the Buffalo, News. 2. "Equip the Buffalo Pol:i.ce. De ardent with Hand Held Tinted Window canners" The Buffalo Police: Department has such scanners and has been using them for a number of years. 3. "Cz'eate a Text - - tip Program The Buffalo Police Department is researcbing an add- to Our existing "tip line" at this time. Should you have any questions please oontaet this office. very truly yours, strano Inspector, A & C RFFER,qED T F_ COMMITTEE L I rION, UUU,: SINGLE PAGE COMMUNICATION TO TEIE COMMON COUNCIL T O: THE COMMON COUNCIL: DATE: June 23, 2009 FROM: DEPARTMENT POLICE DEPARTMENT SUBJECT: {: Contract for .'Base 11 of the Citywide (: video surveillance camera project The Buffalo Police Department has sought authorization for the purchase of 51 surveillance cameras as the Department prepares to implement Phase 11 of this successful citywide crime fighting program. Attached please find the list of Phase 11 camera locations as recommended by the Buf alo Police Department. As has been conveyed on numerous occasions, surveillance cameras are a tool used by the Buffalo Police Department in lighting crime. And while the cameras that have been deployed in Phase 1 of the program have proved to be extremely effective in .Police Department crime fighting activities, we are well aware of the fact that they could never replace the active deployment of police officers throu« out the city. This is a fact that is shared by police departments across the nation that have installed surveillance cameras to reinforce their anti - crime strategies. Given that the cameras are one of several crime fighting tools in the Buffalo .Police Department, it is important that the Department determine their placement based on several important criteria, notably crime data. With that fact in mind, the Phase 11 camera locations were chosen by Bufl:alo Police Department based on the following criteria: Crime Statistics Complement I lomcland Security Efforts Availability of Necessary Power Clear .Line: of Sight What also must be considered is our original placement of cameras in Phase I. Phase 11 sites were selected to complement, but not overlap our current camera coverage in the City. Limitations as to placement of cameras were also a concern. Although a particular site may meet the above criteria, actually locating a camera at that site may be a challenge or even impossible. Factors such as unavailability of electric power or a line of sight to relay points may prohibit camera placement. These factors play into the effectiveness or return on investment oCplaeing the cameras throughout the city. Placing a camera in an area that has a dense tree canopy inhibits the view from the camera, thereby severely limiting its usefulness. Placing a camera where a large circumference of views is available maximizes its effectiveness. Areas that are surl•ounded by buildings or other obstacles limit camera views in several directions, minimizing their effectiveness and the return on investment. Repeated visits were made to many sites before deciding on final camera placement locations. final recommendations were made on the best use of these cameras for public safety based on professional police data and input. Cameras are not our only way to combat crime. Good, strategic planning and operations are vital to combating crime, cameras are only one part of our overall crime fighting effort in Buffalo. {, I'YI I�, DEI ARTMENT HEAL) .NAME: H. McCar r r E » � TYPE TITTLE: Corrrnrissiorrei• ON F INANCE. [. SIGNATURE OF DEPAftTMEN'I' HEAD: "` � � ''t•- �� \ f1 BUFFALO POLICE DEPARTMENT SURVEILLANCE CAMERAS — PHASE II Delaware /Tacoma Hertel /Fairchild Main /LaSalle Main/West Oakwood Delaware /Great Arrow Amherst /Parkside Delaware Tower (Delaware Park) West Utica /Richmond City Hall (Niagara Square) Chippewa /Franklin Chippewa/Washington Maryland /Cottage Dodge/Wohlers Erie Basin Lighthouse (covering western end of marina /waterfront area) Erie Basin Marina (covering eastern end of marina, high density public area) Sycamore /Jefferson Louisiana /South Park William /Fillmore Commercial Slip /Central Wharf Boardwalk HSBC Arena /Foot of Perry Street (also covering eastern end of Central Wharf) Burgard /Hazel Genesee /Crossman Walden /Sumner Bailey /East Delevan East Delevan /Harriet East Delevan/Wyoming Jefferson /Northland Allen /Pearl Elmwood /North Delaware /Allen Niagara /Porter Massachusetts /14' ( 5 corners) Esser /Malseh Grant /Letchworth Elmwood /Amherst 2058 Elmwood Albright Knox Art Gallery Esser /Tonawanda Seneca /Mineral Springs South Park /Ladner Hopkins /Pembina South Park /Tifft 400 Fuhrman Boulevard 1200 Fuhrman Boulevard Minnesota /Suffolk Kensington /Bailey Kensington /Eggert Main /Englewood Bailey /Berwyn Olympic /Alma Kensington /Olympic Total cameras: 51 City Clerk's Department BUFFALO June 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. 30 PASSED June 23,2009 Proposal from EM Systems Gerald A Chwalinski City Clerk 0?`'i COMMUNICATION TO TIIF COMMON COUNCIL gj . TO: tt ; COMMON t:UUNC:II.: DATE. .Tun 10, 2()09 FROM: DEPAR-I MEN`I POLICE DIVISION: SUBJEC "I'_ 1: Proposal frc)m EM Systems PRIOR COUNCIL REFERENCE: (IF ANY) I x. (11_eli N xxx C.('_P. xx/x.x /x x) TfIX`f: (TY SING SP ICI I, OW,) I hereby submit to Your Honorable Body the following proposal from E.M Systems to upgrade the existing Buffalo Police Department network and provide programming and further technical services and assistance to the BLIffalo Police Department. Specifically, h"M Systems proposes to supply the City of'Buffalo Police Department with the Mobile Police Reports, AV], and software modules as described fully in the work scope section of the proposal. In addition, these upgrades will augine.nt the development of the TRACS system, provide necessary upgrades to the CIIARMS and ("AD systems, and provide for training, maintenance and support for the programs installed. EM. Systems is currently under New York State contract to provide these services. Costs and the scope of work have been reviewed by the Department of Police, Planning and Analysis Unit and were found to be fair and equitable. Funds for this project are being provided through Drug Asset- Forl:eiture funds, account #20010006 45000. Thank you in advance for your cooperation and expediency in addressing this natter. IIMG /jws TYP _1 -. DETARTMEN`I' HEAD NAME: H. M.C:`CARTHY GIPSON TYPE TITLE: COMMISSIONER OF POLICE o �E SIGN OF I)EPARTMLNT I-IIsAL) i 4 Vii.) i City of Buffalo - Department of Police t Planning & Analysis MAN 7 20H TO: David Rodriguez, Law Department FROM: Mark Makowski, Captain, B.P.D. Planning & Analysis DATE: May 4, 2009 SUBJECT: Review EM Systems proposal Please review the attached proposal from BM Systems, Inc. to provide the scope of work indicated. EM Systems was contracted by Erie County to initially supply many of the components mentioned. The Buffalo Police Department wishes to move forward by contracting directly with EM Systems through .O.G.S. NY State contract #CMT328A (copies attached) and work with them to customize the indicated components specifically to meet the Buffalo Police Department's needs. This work will upgrade the existing network and provide programming and further technical services and assistance to the Buffalo Police Department. Please approve vendor proposal as to form, if acceptable, or advise Buffalo Police Department if additional contract language will need to be developed. Please contact me at 851 -5643 if you need any further information or clarification on this project. Thank you!!!!! �'�AI�Systems, Inc. 4043 Maple Road, Suite 211 Amherst, New York 1 4226 -1 054 Tel (716) 836 -4910 • Fax (716} 836 -4499 wwmem- sys.net April 28, 2009 Captain Mark Makowski Buffalo police Department 74 Franklin St. Buffalo, New York 14202 EM Systems proposes to supply the City of Buffalo Police Department with the Mobile Police Reports, AVL and software modules as described in the Work Scope section of this proposal. In addition, EM Systems will provide professional and consulting services to install, deploy and train appropriate Buffalo Police personnel with respect to the supplied software modules' operation. This project also includes software maintenance and support for I year for all EM Systems' software programs that the Buffalo Police department is currently using. Work Scrape Message Switch Server • Add multi communication capabilities to allow client software to communicate simultaneously through radio and or TCp /lP communication. only the current complaint type €nessages will be supported via the radio communication. All Police Report and Miscellaneous Contact functionality will operate over TCP /IP communication. • Add auto update feature which eliminates the need to touch every unit when updating software. Auto Updating can be configured to take place on a department wide level or on a district level. Add Police Report capabilities based on the current CHARMS database structure. • Add Miscellaneous Contacts capabilities Lased oil the field report provided (1' -1371 f=ield Interview Report) with link to CHARMS. • Add Clang Information capabilities as a subset ofthe Miscellaneous Contact module. Data field requirements are to be taken from the NYCIC. Gang Member Submission Form. • Acid operational Manual update capabilities. Both a server based approach and a unit based approach will be considered. The unit based approach will update the physical document in the unit and will be initiated via a process by 131 personnel. The server based approach will have all the units access the operational Manual from a shared location. EM Systems will evaluate and determine which approach is better suited for the Buffalo Police Dept. Then the appropriate process will be developed and demonstrated to 131 IT personnel. Mobile Client 6 Add multi communication capabilities. Only the current complaint messages will be supported via the radio communication. All Police Report and Miscellancous Contact functionality will operate over TC'IIIP cotta1n €nzication. • Add Police Report capabilities based on the current ('HARMS police rep llinctionality. Public Safety Software, Mobile Data ,Systems, Computer Consulting Services, Custom Programming , � Inc. 13uJJirlo Police Delml - I meat y e, � Mobde Re]xn•tscmdAP'I P'roposal • Add field Contact Report capabilities based can the field report provided (P -1371 Field Interview Report). • Add Gang Information capabilities as a subset of the field Contact module. Data field requirements are to be taken from the NYCIC Gang Member Submission Dorm. • Add Use of force reporting capabilities based can offense entry. • Add AVL map capabilities — will use same map as CAI.) EntMAt' (Buffalo Map). • Add Operational Manual viewing with keyword search module. • Integrate GPS data acquisition from Nexus Hawk. AVL Server • Establish Nexus Hawk communication to AVL Server. • Add additional fields to track required information such as district and sector. • Add data storage management capabilities based on BPI) data storage requirements. EntMap • Add AVL capabilities — ability to display and track vehicles and complaints, • Add viewing options such as by district. • Add restrictive rights to prevent vehicle display. • Incorporate Replay Route capabilities_ • Generate Reports: Out of Area (District) CHARMS Modification • hold Contact i Gangs Report • Create module in CHARMS to meet requirements set out by Mobile Client Field Contact I Gangs module. CAD Fingerprint Logon • Develop an application to authenticate and start /cnd shifts for police personnet fi `orm tilt district houses • Officers will enter sufficient inf orrmation to identify themselves and provide their fingerprint scan. The application will activate the corresponding unit in CAD logging the start shirt time —'fie application will require a unit identifier and a finger print scan to end a unit's shift. Note, ending a unit's shift is currcntl_y performed by the dispatchers. BPD needs to determine policy for ending a unit's ship and removing their unit from the.CAD application. • This application may have to be deployed locally at the District Houses due to the attached fingerprint reading hardware. CAD Modifications • Address System: Allow intersections to be flagged with hazards. • Reports: Add Shift report based can start end shift times. Operational ational Manual • 13PD to create the Operations Manual based can the specification provided by f?M Systems * The Operation Manual will he searchable by user text entry. Page 2 E,%systems, Inc. l3rt,lido Police Depari» rent kfohile Reports and AYL Proposal • Enhancerrrent Possibility: Automatically link Operational Manuari to complaint by Call Type Other Functionality • Add the agilit to lock out mobile users from CAD or other application. • Manage all relevant user rights issues. General Infrastructure • Research Nexus Hawk communication mechanism • Additional Server requirements: will be determined based on current infrastructure • AVL data storage requirements: will be determined based on BPD historical needs CPS Protocol • Provide development environment details including programming language, development tools, and components • Provide Data Dictionary inodifrications related to CHARMS IARMS such as the Field Contact and Gang modules • Provide System Flow Chart indicating system to system connections • Provide rriodule level programming documentation fir new modules • Utilize source code version control relating to any CHARMS module update • Submit source code: For new modules to CPS as system goes to production IK xclusiolls Hardware: EM Systems is only supplying software and services as part of this project and all hardware components heeded for the implementation and deployment of these systems are the responsibility of the Buf alo Police Department. It is understood that additional servers /hardware rimy be necessary tee accommodate the additional Message Switch and AVL server loads and AVI, data storage. The acquisition and cost ol'the servers are the responsibility of the Buffalo Police Department. EM Systems will provide specifications and recommendations of any additional hardware. LM Systems will also supply the hardware specifications for the fingerprint scanners. Deployment is the responsibility ofthe Buffalo Police Department. In all cases EM Systems will demonstrate the deployment process to BPD personnel. Training will he provided 11s needed on a train the trainer basis. Support LM Systems will support all Buffalo Police Department applications as they relate to Cl IARMS, CAD, Message Switch, Mobile Client and AVL servers for a period of one; year. Only support fir EM Systems configured and deployed systems will be provided. Any changes or modifications nnadc by entities other than EM Systems will not be covered under the support and rnairnenance agreement. Page 3 E*Systems, Inc. Software Licensing, Rights and Confidentiality fsrrffirlo ��vlice I)epert�ttrrestrr Mobile Reports and A VI, Proposal EM Systems will retain and own all the intellectual property rights to the software developed under this project, including without limitation the exclusive rights to market, offer, sell, license and provide software developed under this project to others. EM Systems will grant the Buffalo Police Department a nora- exclusive license to use the object code of the programs developed under this project solely in the Buffalo Police Department and in any Erie County law enforcement agency "EM Eric Licensees" to the extent provided in and subject to that certain License and Royalty Agreement between EM Systems and the County of Erie dated as of March 20, 2009 (the "Erie County Agreement "). As "EM Erie Derivative Products" under the Erie County Agreement, this confirms that the programs developed under this project (the "Programs") are subject to the same EM brie Derivative Products rights given to Eric County under the Brie County Agreement. EM Systerrns will also grant the Buffalo Police Department a limited and non - exclusive license, subject to the same rights and confidentiality restrictions of the Erie County Agreement, to use the source code of' the programs developed under this project solely to support and enhance such programs and solely for use by the Buffalo Police Department and Erie County's departments to (lie extent provided in the Erie County Agreement. EM Systems will also grant the Buffalo Police Department and Eric County the right to prepare, derivative works for use in Eric County only, subject to the rights and restriction as specified for Erie Derivatives Products under the Erie County Agreement_ The source code will be provided subject to the sanc confidentiality restrictions as the Eric County Agrectuent which requires that Eric County protects and guards the source code to the best of its ability and that Erie County maintains non - disclosure and confidentiality agreements with any consultants that require access to the source code. In accordance with the Eric County Agreement the source code may not be disclosed or provided in any form to any agencies, companies, persons or entities other than Eric County departments. This will also confirm that the Software Programs as defined in tine l -.ric; County Agreement, irtcluding any programs developed under this project, and any and all enhancements, improvements or other derivative works made to such programs by the Buffalo Police Depar•imneat, Erie County, any consultants or any other party, may only be used by the BulTato Police Department, and any other EM Erie Licensec(s), in Eric County and may not under any condition be disclosed, provided, given, sold or transferred in any manner to any agencies, companies, persons or entities outside of Erie County. Cost The total cost of the proposed systems and solutions is $260,O00.00. This cost: includcs one year of support and maintenance. The payments will be billed based on deliverables as outlined in the following schedule and will he due on net 30 terms, • 20% payment at contract start ® 20% paynncnt after Mobile Data Multi -Comm, Police Reports, and AutoUpdatc modifications delivery. ® 20% payment after AVL Server, I ntMap and Mobile Map delivery. 0 15% payment after [=ield Contact, Gangs (Chasms & Mobile) and Operationat Manual delivery. 0 1 5% payment Falter l"inger Print lo-On deliver-. 0 Final I O'No upon system acceptance - rel iable: operation of ific systems for' 3 months. fags" 4 E,% Systems, inc. Isulfuro police Depot 11nePri A Reports and A VL Proposal We are looking forward to working with the Buffalo Police Department again and we greatly appreciate the opportunity to provide your department with software solutions in the areas of CAD, Mobile Data and AVL- Thank you for your interest in our solutions and services. lf'tlie foregoing terms are acceptable, please execute and date this letter agreement as indicated below. Accepted and Agreed to by EM Syst s, Inc Date its ta f Presiden i � By Accepted and Agreed to by Buffalo Police Department By: Title: Date: t Page 5 Elf,Sy stems, Inc. 4043 Maple Road, Suite 21 Amherst, New York 14226 -1054 Tel (7'16) 836 -4910 • Fax (716) 836.4499 salesgem- sys.net www.etn- sys.net Contact: Elias Sarraf, President LM Systems, Inc. News Release \\ EM Systems Awarded IT Services Backdrop Contract for the State of New York Amherst, NY, 12/21/07 – LM Systems, Inc. announced today that it was awarded a backdrop contract for lnforniation Technology (IT) Services for the fitate of New York (Contract #CMT328A). The contract, awarded by the New York State Office Services (OGS), is intended to provide services related to the computer systems of OGS Authorized Users. Application development services included under this contract include consulting, systems integration, training services and on -going services — including maintenance and support. "With the New York State Backdrop Contract, 1.M Systems continues to provide our clients with contract vehicles to supply integrated justice and public safety solutions," said Elias Sarraf, President of EM Systems. "13M Systems teamed with ASAP Software earlier this year to provide our standard software solutions under ASAP's state contract. This backdrop contract provides us the ability to work with our clients to customize and enhance those solutions." EM Systems' Law Enforcement. Managemer,i .system (LEMS) is now in its third generation of development and consists of a complete set of Windows - based programs utilizing an Oracle high - end database server. The LEMS applications include: Computer Aided Dispatch (CAD), Records Management System (RMS), Jail Management System (JMS), Arrest/Booking, Mobile Data System (MDS) and Automatic Vehicle Location (AVL). IM Systems also provides numerous additional application modules including an evidence /property module with bar coding, crime analysis and mapping, document imaging, messaging and chat applications, parking, personnel, etc. Cl here fo r a l ist of ' modules The OGS provides centralized statewide contracts for software and other commodities, services and technologies for use by all state agencies, )- alt sub - divisions (such as municipalities, towns, villages, etc.), and others authorised by law to use state contracts. Additional information about the OGS can be found at: �VGtrlv_ 1M Systems, Inc., headquartered in Amherst, NY, provides computer consulting services, custom programming, public safety software, and m6rile data systems. EM Systems has been developing integrated public safety systems since the early 1990s, teaming with local public safety agencies to create highly intuitive and dynamic solutions. Addloonal information about EM Systems and their products is available at: wv,!w.em Public Safety Software, Mobile Data Systems, Computer Consulting Services, Custom Programming NYS OGS - 73012 5960275 IT Services - Award Page 1 of 2 (loafs Contact US PSGSoarch :rite Map I'locuI ww-ot Scn ic.cs_ borne Page I [ anitipdII ics I [nforn rt�c�p }� I SOT Vives I rclecom Ill ui1i Cali oils IT Se Contract Period: February 2, 1998 - December 31, 2010 Group: 73012 Award: S960275E.1 Contract Type: Mufti- vendor Use of Contracts: Statewide, all state agencies, political subdivisions, local governments and other authorized users. Designated Contacts: Fax: (518) 486 -6867 Pat Weidman patweid.a...n @ags_state,,ny.us (518) 473 -2045 Theresa Kuo the_resa, kuo[cc)o. gs, state. ny. us (518) 474 -0259 Jenny Fung jenny,.fung. @ogs.sta.te. riy...gs (518) 486 -2775 Description: Contracts are uniform in their Backdrop Terms & Conditions and will remain active through December 31, 2010. Each contract may cover a gamut of IT Services (Consulting, Systems Integration, Training, On -Going Services, Maintenance and Support). The Procurement Lobbying Law imposes certain restrictions on communications between OGS and an Offerer/Bidder during the procurement process ( "restricted period "). For Continuous Recruitment Contracts, the restricted period begins upon receipt of proposal by OGS PSG and ends upon contract approval by OSC_ Details of the Procurement Lobbying law are available within RFPS960275 -E.1. Contract Specifics Download RF.PS95Q275 -E._3 If interested in Pre - Qualifying for a Back -Drop Contract for IT Services. Contract Terms & Canditinns List of Pre- QUalifled Qontraa, ctors (Contractor Information, Services & Categories, Pricing, etc.) Contractor Policy & Procedures Manual � Contractor. Pricing &..Ma.ili.ng. Li.s.t Contractor Amendment Packet (Nord HL) Contractor . Semi- An (deport Form (Excel File) raip Contractor. Policy of Good Standing L littp:llwww.ogs. state. ti usI purcliaselsi itlr iwai 75call.htill 51112009 NYS OGS - 73012 5960275 IT Services - Award Procurement Information Road- Mar) (Getting Around the IT Services Web Site) Frequently Asked_Questions (FAA's) Guidelines, Forms Templates_for al_I Procure-ment, Options NYS_C_I.OIOFT_(Plan_To Procure) Quick Contract Processing Criteria {OSC 3 -5 day turnaround) Contractor Performance Report Form (Word rile) M...onthly.. P... urchasln.g..Memoranda GTC Presentation ]nstall_lµree._Adobe Acrobat, Reader for PDF Documents CO State of New York, Office of General Services Legal.N.ot.ice.s. I Priv_a...cy...Po..licy Page 2 of 2 littp: // www.ogs. state. ny. usIpLii - ch. iscl ntlaw, it diiote , s1730125960275Gaii.,liti - i 5/1/2009 NYS OGS - Contractor Type - Services Home Colrta €,t U ; PSG Search Site lvm i 1 r.c?! ur.O cnl Scl]' Ces 1 IoIII c_Y -e C;� Mnodifiey 1 l kmrt wwj 1'1,chngl.ugy I &L, :Fe 4c4rn nElni lions i g� � I Detailed Company Contact Information C'nn� tract # Contractor & Address 11 Telephone i# Fed. ID 11 CM'I7328A E.M. Systems Incorporated Tel: (716)836 -4910 22- 3040490 L I Mr. Elias Sarraf, President Fax- (716 )836 -4499 SpcEct �i>ctst LI 4043 A4aple Road, Suite 21 l esarralrzcnr- sys.net I {I Si €c13t I mherst, NY 1 $314.70 $340.43 $367.15 $393.38 $262.25 CONTRACT PRICING INFORMATION 1` t Contract Title: ConsultinglSl Services NOT -TO- EXCISED HOURLY RA'Z'ES Job Classilicationrfitle 1,r0rj I'voj Contractor Manager Ni ma-ger Proj I'.1-4.f I, Prog i Manager Analyst P. e9.1; 1:1'0l; Anal Analyst Ar al }st [ [, Spclst SpcEct �i>ctst It I {I Si €c13t I 11 ifl. $314.70 $340.43 $367.15 $393.38 $262.25 $28$.48 $314.70 $340.93 $209.80 $236.03 $262.25 $288.48 E ms porated NO'FE: All contractors with on -going services on contract have agreed to a minimum 10% discount from list/published prices when bidding on services related to maintenance & support. The discount is a separate pricing scheme and has nothing to do with the not -to- exceed hourly rates.. SERVICES NOT CURRENTLY PROVIDED Live. Training Services Computer Based Training (CBT) Services Video Based Training (VBT) Services Web Based Training (WBT) Services Interactive Web Based Training (lWB "C) Services Ancillary Job Classifications Titles Equil)MIC11t Maintenance & Support Services In Any County RETUR TO CONTRACTOR LI (Q) Srate of'New York, Oil of General Serviecs i 1 ' Legal Notices I Privacy Page I of I li.tip://www.ogs.state. asp/ l) itrcliase/ snt/ c(.)nsuIIIng /Coii)paiiyDetai]. asp ?('tlstoiiici -�... 5/1/2009 Mr. Fontana moved: That the above communication from the Commissioner of :Police dated June 10, 2009, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to enter into a contract with EM Systems to upgrade the existing Buffalo Police Department network. Funds for this project are being provided through Drug Asset Forfeiture funds account 920010006 45000_ Passed 27 TAB:mv T:\xvp60\ms%vurd\nj)v\ 27cO- 23a.doc � � s JUG. - 6 2009 *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA R_ USSELL * * * [ MA,J - 51 9 0 [213 a 6 [3/4 - 7] FROM THE COMMISSIONER OF FIRE June 23, 2009 0 0 11, 1. 1 � SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 6116109 FROM: DEPARTMENT: 2100 Fire SUBJECT: [:Agreement with Revenue Rescue Intermedix PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx /xx /xx) We are requesting approval to enter into an agreement with Revenue Rescue Intermedix, 425 Round Rock West, Round Rock, Tx 78681 to handle the invoicing for fire rescue /cost recovery services for the Buffalo Fire Department. The RFP was sent out for formal bid and Revenue Rescue was awarded the contract, The contract is in the process of being finalized by the Law Department. We currently have a vendor providing this service and the funds are appropriated in our budget. SIGNATURE, DEPARTIVIItNT HEAD TITIL ; Michael Lombardo, Commissioner of Fire calk REFERRErD 1"0 THE COMMITTEE ON FINANCE, i 1� fi FROM THE CORPORATION COUNSEL TO: THE COMMON COUNCIL DATE: June 23, 2009 FROM: THE DEPARTMENT: LAW DIVISION: SUBJECT: Abandonment and Sale of a Portion of Goodrich Street Between Ellicott and Michigan approximately 67' Wide by 1057'Length (Item No. 4, C.C.P., 2/17/2009) The Department of Law is submitting the attached Sale Agreement for the Common Council's final approval per the instructions of the Common Council as set forth in Item No. 4, C.C.P., February 17, 2009. The Corporation Counsel respectfully requests that the Common Council approve the attached Agreement for the sale of a portion of Goodrich Street and further authorize the Mayor to execute the Agreement and a deed to Kaleida Health as set forth in the Agreement. The Corporation Counsel also requests that your Honorable Body further authorize the Mayor and any appropriate Department Heads and staff to take all steps as are necessary to facilitate the terms and provisions of the Sale Agreement. The sale price being paid to the City is $1,100,000. The closing of the sale is expected to be within the next few months. REFERRED O 1 DEPARTMENT HEAD NAME: TITLE: DR:JVH:rmv T: \W P60 \MSWORD \COUNCIt\good richabandonment.doc Acting Corporation Counsel \ j! f David Rodriguez r 1 �J i� AG SEMEN 1' THIS AGREEMENT is made and entered into on the day of July, 2009 (the "Effective Date ") by and between the City of Buffalo, New York (the "City ") and Kaleida Health, a New York not - for - profit corporation (the "Corporation "). RECITALS: WHEREAS, the City is a municipal corporation of the State of New York (the "State "), possessing all rights and powers pertaining thereto; and WHEREAS, the Buffalo Fiscal Stability Authority (the "BFSA ") was created by the State in 2003 with certain powers over the finances of the City including the power to approve certain contracts entered into by the City; and WHEREAS, the BFSA has determined that all contracts involving the City that have a contract value of $50,000 or more must obtain BFSA approval; and WHEREAS, this Agreement exceeds the threshold of BFSA approval authority and must therefore be referred to the BFSA for action prior to the City executing this Agreement; and WHEREAS, the Corporation is undertaking the construction of certain impirovenments (as hereinafter defined) to be located in an area of the City known as the Buffalo Niagara Medical Campus -North End which area is generally bounded by East North Street to the north, Main Street to the west, High Street to the south and Michigan Avenue to the east (the "Project Site "); and WHEREAS, the Corporation has requested and the City has agreed, subject to the conditions and approvals more fully described herein, that the City abandon a portion of a dedicated street known as Goodrich Street located between Michigan Avenue and Ellicott Street and contiguous to a portion of the Project Site and sell such abandoned street bed and any title, right and interest thereto to the Corporation for the consideration and on the terms set forth herein. NOW, THEREFORE, in consideration of the mutual premises and for other good and valuable consideration, the Parties hereby agree as follows. 1. Definitions For purposes of this Agreement, including the Appendices, terms defined in the preamble, recitals and other Sections of this Agreement shall have the meanings set forth therein and the following terms shall have the meanings set forth below: (a) " Agreement " means this Agreement and all Appendices attached hereto, as it may be amended from time to time in accordance with its terms. (b) " Podix means an appendix to this Agreement, each of which is incorporated into this Agreement by reference and made a part hereof. "Appendices" means more than one Appendix. (c) " BFSA " has the meaning set forth in the recitals of this Agreement. 1 (d) "BSA" has the meaning set forth in Section 7(b) of this Agreement (e) " Certified Mail means certified or registered mail, Federal Express, United Parcel Service, Express Mail or any similar mail delivery service generating a return receipt or a signature of the recipient, confirming delivery of that mail. Certified Mail does not include electronic mail. (0 "C " has the meaning set forth in the preamble to this Agreement. Agreement. (g) " Closing Date has the meaning set forth in Section 5 of this (h) "Commissioner" the meaning set forth in Section 6(a) of this Agreement (i} " Conditions Precedent has the meaning set forth in Section 2 to this Agreement. (j) " Conti ngency_Date 'has the meaning set forth in Section 2 to this Agreement. () " Corporation " has the meaning set forth in the preamble to this Agreement. (1) " Deed ' ' has the meaning set forth in Section 6(a) of this Agreement. (m) " Effective Date has the meaning set forth in the preamble to this Agreement. (n) "Environmental Law" shall mean all federal, state and local environmental, health, chemical use, safety and sanitation laws, statutes, ordinances and codes relating to the protection of the environment and/or governing the use, storage, treatment, generation, transportation, processing, handling, production or disposal of Hazardous Substances and the rules, regulations, policies, guidelines, interpretations, decisions, orders and directives of federal, state and local governmental agencies and authorities with respect thereto. (o) " Goodrich Street Pam means a payment from the Corporation to the City, in immediately available funds, in the amount of One Million One Hundred Thousand Dollars 000), which is the purchase price for the Goodrich Street Section. (p) " Goodrich Street Section means that section of Goodrich Street between Michigan Avenue. and Ellicott Street but not including any portion of the right of way of Michigan Avenue or Ellicott Street as delineated in Appendix A hereto; for the avoidance of any doubt, the Goodrich Street Section includes any right, title or interest in the airspace above or the lands including any mineral rights, below said Section. (q) " Gov_ermnental Authority means any nation, country, commonwealth, territory, government, state, county, parish, municipality, or other political subdivision and any entity, whether federal, State, local or otherwise, exercising executive, legislative, judicial, regulatory; or administrative functions of or pertaining to government. 2 (r) " Hazardous Substances" shall mean, without limitation, and flammable explosives, radioactive materials, asbestos, formaldehyde foam insulation, polychlorinated biphenyls, methane, hazardous materials, hazardous wastes, hazardous or toxic substances or related materials, oil or petroleum of any kind or in any form, and any other material defined as a hazardous substance in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seA .),.the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801, et seg .), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 6901, et sect .), the Toxic Substances Control Act, as amended (15 U.S.C. Sections 2601, e_t sect }, Articles 15 and 27 of the New York State Environmental Conservation Law, Article 12 of the New York Navigation Law, or any other currently applicable Environmental Law and the regulations promulgated thereunder. (s) "Infrastructure Im rovements" has the meaning set forth in Section 6(b) to this Agreement. (t) " Party " means any signatory to this Agreement. (u) " Parties " means all the signatories to This Agreement unless the context specifically requires otherwise. (v), " Permitted Exceptions shall mean those exceptions set forth in commitment for the fee title insurance in Appendix D hereto. (w) " Person " means an individual, corporation, partnership, trust, limited liability company, limited liability partnership, unincorporated organization, Governmental Authority, any agency or political subdivision of any government, or any other form of entity. (x) " Project Site has the meaning set . forth in the recitals of this Agreement. (y) " State " has the meaning set forth in the recitals to this Agreement. 2. Conditions Precedent This Agreement and the parties' obligations hereunder shall be contingent upon the occurrence of each of the following no later than July 31, 2009 (the "Contingency Date "): (i) resolution of the Buffalo Common Council approving the execution, delivery and performance of this Agreement by the City; (ii) resolution of the Board of Directors of the Corporation approving the execution, delivery and performance by the Corporation of this Agreement; (iii) approval of this Agreement by the BFSA; and (iv) determination of the Commissioner (as hereinafter defined) in his reasonable discretion that the Corporation has satisfied or is able to satisfy the City's reasonable concerns with respect to BSA and utility related matters deriving from the pending sale of the Goodrich Street Section. 3. Term of Agreement (a) Termination Date In the event that the Conditions Precedent have not been satisfied by the Contingency Date or the closing has not occurred by July 31, 2009, the Corporation shall have the right within its sole discretion, upon written notice to the City, to extend the Contingency Date and/or the Closing Date by up to sixty (60) days. If the Corporation does not elect 3 i to extend either date or once extended, the Conditions Precedent still have not been satisfied by the Contingency Date or the Closing has not occurred by such closing date as the same may have been extended, either the City or the Corporation shall have the unilateral right to terminate this Agreement upon written notice to the other party. (b) Effect of Termination Termination or expiration of this Agreement shall not serve as the basis for a Party to seek repayment of any consideration paid or undoing of any obligation fulfilled as of the date of such termination or expiration. 4. Title (a) The Corporation shall be responsible for obtaining any tide and survey documents. After receipt, the Corporation will promptly furnish to the City's attorneys a copy thereof together with a specification in writing of any objection to title set forth in such report that the Corporation believes it is not required to take title subject to in accordance with the provisions of this Agreement other than the Permitted Exceptions. Subj ect to the provisions ofparagraph (b) below and the covenants of the City set forth in Section 6 below, the'Corporation (only after prior written notice to the City and at the Corporation's sole cost and expense) at its sole cost and expense and at within its sole discretion, shall be solely responsible for bringing any actions or proceedings or taking such other action as may be reasonably appropriate to render title to the Goodrich Street Section marketable or insurable. Notwithstanding anything in'this Agreement which could be construed to the contrary, the City shall have the right to review and comment to the Corporation on the substance, strategy and course of any such proceedings and/or actions taken by the Corporation. (b) If the City is unable to convey a good and marketable or insurable title to the Goodrich Street Section, subject to the Permitted Exceptions and in accordance with the provisions of this Agreement, then, except as hereinafter provided, the Corporation may elect in its sole discretion, by written notice to the City, to: (i) terminate this Agreement by notice, in the manner hereinafter provided, delivered to the City, and this Agreement shall wholly cease and terminate and neither party shall have any further claim against the other by reason of this Agreement; (ii) proceed with the purchase, provided the City or the Corporation is able to obtain a commitment for title insurance in the amount of the Goodrich Street Payment naming the Corporation as additional insured at standard rates and the Corporation thereafter pays the premium for said insurance; or (iii) accept such title as the City may be able to convey, without reduction of the Goodrich Street Payment or any credit or allowance against the same and without any other liability on the part of the City. Notwithstanding anything contained in this Agreement which could be construed to the contrary, City shall not be obligated to spend more than $5,000 in the aggregate on title matters, curative measures and/or utility related and/or utility relocation related measures under this Agreement. 5, Closing Date Upon satisfaction of the Conditions Precedent and subject to the Corporation'. s right of extension pursuant to Section 3 (a), the Parties shall close the purchase and sale of the Goodrich Street Section at 10:00 AM in the Erie County Clerk's Office on the fourteenth (14` day following the satisfaction of the last Condition Precedent or at such other time and date as the Parties shall agree (the "Closing Date "). 6. Covenants of the City In exchange for the commitments of the Corporation in this Agreement and upon satisfaction of the Conditions Precedent, the City shall: 4 (a) Goodrich Street Section (i) Promptly take such steps as are necessary under applicable law to abandon and sell to the Corporation the Goodrich Street Section on the Closing Date, and (ii) deliver to the Corporation, upon receipt of the Goodrich Street Payment, a duly executed quitclaim deed in the form of Appendix B hereto (the "Deed "), together with an RP-5217. form executed by the City, and a TP -584 form, both completed with respect to the City to the extent required, which shall be subject only to the Permitted Exceptions and such other title exceptions as shall be acceptable to the Corporation in its sole discretion. Notwithstanding anything contained in this Agreement which could be construed to the contrary, City shall not be obligated to spend more than $5,000 in the aggregate on title matters, curative measures and /or utility related and/or utility relocation related measures under this Agreement. Subject in each case to the prior written approval of the City's Commissioner of Public Works, Parks & Streets (hereinafter, the "Commissioner ") in his reasonable discretion which ,shall not be unreasonably withheld, conditioned or delayed, the City agrees to allow the Corporation to cap off, and agrees to cooperate in any reasonable manner with such capping off, in each case at the expense of the Corporation and in accordance with applicable law, all public utility lines. and facilities currently located within or. under the Goodrich Street Section. (b) Infrastructure Improvements Cooperate in good faith with the Corporation in any reasonable manner requested by the Corporation subject to the reasonable approval of the Commissioner with such approval not to be unreasonably withheld, conditioned or delayed, to assist in the expeditious completion of those improvements more fully described on Appendix. C hereto (the "Infrastructure Improvements "), to hold regular meetings with the Corporation for the purposes set forth in Section 7(b) of this Agreement and execute and deliver any reasonable instrument or document necessary to abandon and/ /or relocate any utility easement currently encumbering the Goodrich Street Section or the Project Site. City is not obligated under this Agreement to rake expenditures regarding the Infrastructure Improvements. 7. Covenants of the Corporation In exchange for the commitments of the City in this Agreement, the Corporation shall: (a) Goodrich Street Payment At the Closing Date, pay the Goodrich Street Payment to the City in immediately available funds, upon receipt of the Deed. (b) Infrastructure Improvements. At its expense, undertake and complete the Infrastructure Improvements in a timely and expeditious manner. The City and the Corporation acknowledge the Infrastructure Improvements to be made on the streets and rights of way of the City will be completed in accordance with all applicable Iaws and ordinances (including, without limitation, any requirement that the Corporation require its contractors to indemnify and hold the City, the Buffalo Sewer Authority ("BSA") and the Buffalo Water Board harmless and to provide primary insurance coverage naming the City and such affiliated entities as additional insureds). The City and the Corporation will hold regular meetings to review progress on the Infrastructure Improvements. (c) Build the proposed Global 'Vascular Institute. 5 (d) Accept the Goodrich Street Section in an "as -is" condition. . (e) Agree to Defend. The Corporation for itself, its affiliates and their respective successors and assigns, agrees to assume the defense for and against any and all suits, claims or actions against the City, the Corporation or its affiliates and their respective agents, successors and assigns related to any alleged violations of any Environmental Law (as defined herein) relative to the Goodrich Street Section, as a result of the storage, treatment, generation, processing, .handling, transportation, production or disposal of, any Hazardous Substances (as defined herein), in the soil, groundwater or otherwise, which violates any Environmental Law (as defined herein) or requires reporting to any governmental authority. Notwithstanding the foregoing, City retains the right in City's sole discretion, but at its sole cost, to defend itself. (f) Environmental Indemnity. The Corporation for itself, its affiliates and their respective successors and assigns, agrees to indemnify and hold the City harmless from and against any and all suits, claims, actions, damages, investigations, cost and expense, including without limitation, reasonable attorneys fees and expenses and any consultant, environmental response and/or rernediation costs incurred with respect to the Goodrich Street Section, as a result of the storage, treatment, generation, processing, handling, transportation, production or disposal of, any Hazardous Substances (as defined herein) on or before the Closing Date, by the Corporation, its affiliates, successors and/or their respective predecessor hospitals, in the soil, groundwater or otherwise, which violates any Environmental Law (as defined herein) or requires reporting to any governmental authority. (g) Environmental Representation To the best of the Corporation's knowledge, without independent investigation, the Goodrich Street Section does not contain, any Hazardous Substances (as defined herein) attributable to the Corporation, its affiliates or any predecessor hospital thereof, in the soil, groundwater or otherwise, which violates any Environmental Law (as defined herein) or requires reporting to any governmental authority. This representation is limited to knowledge of the Corporation as obtained or otherwise discovered during the course of the Corporation's engineering and other due diligence in connection with the purchase of the Goodrich Street Section and/or the development of the proposed Global Vascular Institute. (h) at closing provide City (and /or Buffalo Water Board) with a recorded easement for the water line section or sections now within or to be placed or built within and near the Goodrich Street Section, as determined by the Corporation's engineers in consultation with the Commissioner with input/reasonable approval from the Buffalo Water Board. Such easement must be in form and substance reasonably acceptable to the City and subject only to such title matters or encumbrances as are reasonably acceptable to the Commissioner. The Corporation shall at its sole cost and expense provide the City with a certified survey showing the as built location of any now water lines installed in the. proposed new easement area contemplated for the new water lines in Appendix C. (i) as to storm sewer and sanitary sewer lines located or to be located within the Goodrich Street Section, the Corporation, subject to final confirming resolution and/or related formal conveyance /abandonment documentation of the BSA and after satisfaction of BSA by Corporation of all of BSA's reasonable concerns, the Corporation shall own, operate, maintain and /or replace those sections of the said sewer lines within the Goodrich Street Section so designated or to be n. designated by the BSA. BSA and /or City shall have no operational, maintenance and /or repair or replacement obligations with respect thereto. Said sewer lines shall in effect become private lateral " lines. All documentation relative to the sewer line arrangements shall be subject in each case to the prior written approval of the Commissioner not to be unreasonably withheld, conditioned or delayed. (j) as to street lighting matters impacted by the sale of the Goodrich Street Section, it is agreed that, subject to the approval of the pertinent utility company, any new lighting to be located within the Goodrich Street Section_, will be purchased or procured and installed, operated, maintained, repaired and /or replaced by the Corporation. As to existing street lighting located within the Goodrich Street Section, it is agreed that, subject to the approval of the pertinent utility company, existing street lighting will be taken over by the Corporation which shall thereafter at its sole cost and expense upgrade, operate, maintain, repair and /or replace said street lighting. The City shall not have any responsibility with respect to the street lighting. It is agreed that the Corporation shall pay the cost of electricity for the street lighting. (k) as to utility matters relating to the sale of the Goodrich Street Section, it is" agreed that the Corporation shall and does hereby indemnify and hold harmless the City from and against all reasonable "expenses, liabilities and any related costs associated with the sale of the Goodrich Street Section as derive from or are in any way related to such utility concerns. Further, prior to closing, the Corporation shall request.from each utility company affected by the sale of the Goodrich Street Section such releases of the City as shall be in form and substance reasonably acceptable to the City and to the extent customarily provided by such utility companies. All agreements and arrangements reached and made as between the Corporation and the affected utility companies shall be subject to the prior written approval of the Commissioner not be unreasonably withheld, conditioned or delayed. " 8. Miscellaneous (a) Official notices and communications All notices and Communications required or authorized to be served in accordance with this Agreement shall be served by Certified Mail at each of the following addresses: Kaleida Health Larkin at Exchange 100 High Street Buffalo, New York 14203 Attn: Robert Nolan, Esq. With a copy to: Harter Secrest & Emery LLP 12 Fountain Plaza Suite 400 Buffalo, New York 14202 Attn: Marc A. Romanowski, Esq. 7 City of Buffalo, New York Mayor City of Buffalo Room 201 City Hall Buffalo, New York 14202 With a copy to: Corporation Counsel City of Buffalo Room 201 City Hall Buffalo, New York 14202 Attn: David Rodriguez, Esq. With a copy also to: Commissioner of Public Works, Parks & Streets City of Buffalo Room 502 City Hall Buffalo, New York 14202 (b) Further Assurances The Parties shall execute and deliver all further instruments and documents and take any further action that may be reasonably necessary to implement the intent and the terms and conditions of this Agreement. Without limitation of the foregoing, the Parties will each seek, in a timely manner,'any further ratification of this Agreement that may be required. (e) Successors and Assigns All covenants and agreements herein contained by or on behalf of the Parties shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns. (d) No Third Party Beneficiaries Other than as to BSA and Buffalo Water Board as referenced in this Agreement, all provisions herein are imposed solely and exclusively for the benefit of the Parties hereto. No other Person shall have any right, benefit, priority, or interest hereunder or as a result hereof or have standing to require satisfaction of provisions hereof in accordance with their terms. (e) Governing Law. Solely and exclusively for the Iimited purposes of this Agreement, this Agreement shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts executed in and to be performed in that State, without reference to any conflict of laws provisions thereof except Sections 51401 and 5 -1402 of the New York General Obligations Law. �v 8 �. (f) Severability In the event any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or enforceability shall not affect any other provision of this Agreement. (g) Modifications and Amendments This Agreement may be amended only by an agreement in writing executed by all of the Parties hereto, with any approval which may be required by applicable law. (h) References References in this Agreement to Section or Appendix numbers or letters shall be to Sections of or Appendices to this Agreement, unless expressly stated to the contrary. References in this Agreement to "hereby, herein," "hereinafter," "hereof," "hereunder" and words of similar import shall be to this Agreement in its entirety and not only to the particular Section or Appendix in which such reference appears. (i) Survival Sections 6, 7, and 8, and any other provision in this Agreement that, by its nature should survive the Closing and delivery of the Deed, will survive the Closing and delivery of the Deed. {j) Counterparts For the convenience of the Parties, this Agreement may be executed in multiple counterparts, each of which for all purposes shall be deemed to be an original, and all such counterparts shall together constitute but one and the same Agreement. [NEXT PAGE IS SIGNATURE PAGE] �. 9 IN WIINESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. CITY OF BUFFALO By: Name: Title: KALEIDA HEALTH By: Name: Title: [to] Appendix A Description of Goodrich Street Section 11 { r ' SCHEDULE A. PARCEL A ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie s Sande State more New York, being part ofLot No. 29, Township 11, Range 8 of the Holland Land Company y particularly bounded and described as follows: south line of BEGINNING at the intersection of the east line of Ellicott Street ( of et wide) Goodrich and h e a d of Goodrich Street (66 feet wide); thence easterly along the south line Street,closed to 691.28 feet to the west line Of the former Elan "Street (50 feet thence northe Elm a tan interior angle © 103° byCommon Cou icilPmceedinkNo.17ionMarch23,19 , 03'56 a distance of 67.75 feet to the north line of said Goodrich Street; thence westerly along the said north line of Goodrich Street at an interior angle of 76 56' 04 ", a distance of 691,74 feet to the said east Brie of Ellicott Street; thence southerly at an interior angle of 102 40'54", a distance of 67.65 feet to the point and place of beginning. PARCEL B. ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie and State of New York beingpart of Lot No. 29, Township 11, Range 8 of the Holland Land Company's Survey, more particularly bounded and described as follows: south line BEGINNING at the interrsection'ofthe west line of Michigan Avenue (66 fed hwidde)an a distance of Goodrich Street (66 feet wine); thence northerly along the west line of Mi 8 Avenue) . of 67.62 feet to the north line of said Goodrich Street; thence westerly along the said north line of Goodrich Street at an interior angle of 77 2533", a distance ot366.34 feet to the west line of the former Elm Street (50 feet wide), said Elm Street closed to the public by 03' Conunon a distance Council P o oceedi f N to the o n March 23,1965; thence southerly at an interior angle of 103 , sand south line of Goodrich Street; thence easterly along the said south line of Goodrich Street at an, interior angle of 76 56'04",-a distance of 366.93 feet to the point and place of beginning. I. Appendix B Form of Quitclaim Deed QUIT CLAIM DEED THIS INDENTURE is made this day of , 2009 between The CITY OF BUFFALO, a domestic municipal corporation, with its principal office and place of business in the City Hall, 65 Niagara Square, Buffalo, New York 14202, County of Erie, State of.New York ( "Grantor "), and KA LEIDA HEALTH, a New York not - for - profit corporation, with an address of 100 High Street, Buffalo, New York 14203 ("Grantee "). WITNESSETH, that the Grantor, in consideration of 1100 Dollars ($ (TBD)) paid by the Grantee, does hereby remise, release and forever Quit Claim unto the Grantee, the distributees, successors and assigns of the Grantee forever, ALL THAT TRACT OR PARCEL OF LAND situated in the City of Buffalo, County of Erie and State of New York, and more particularly described on the attached Schedule A . THIS CONVEYANCE is made and accepted subject to covenants, easements and restrictions of record, if any, affecting the above - described premises. This conveyance is made pursuant to a duly adopted resolution of the Common Council of the City of Buffalo on as item number TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the Grantee, the heirs or successors and assigns of the Grantee, forever. IN WITNESS WHEREOF, the Grantor has executed this Deed the day and year first above written. CITY of BUFFALO, a domestic municipal corporation By: _ Name Title: r� 5 State of New York } )ss County of Erie ) On this day of___ �, 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her capacity, and that by. his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Appendix C Description of Infrastructure Improvements �. DiDonato Associates, P.E., P.C. st Civil Engineers ;) 669 Math Street + fluffalo. New York 14203 • 7161656 -1900 . Fax: 7T813554987 lei February 12, 2009 Office of Siralegic Planning 901 Cttyffalt Buffalo. NY 14202 -Attn: - Wiltlam Grillo Re: Utility Relocations Goodrfch Street Abandonment Kateida Health Global Vascular Institute Mr. Grillo; ' 7hiimeindeF ndum Is tieing submitted to'sunimadze the agreed inrrastruclurs changes associated with the• construction of Kalaida Health's proposed Global Vascular lnstltute (GVQ and the assocfa #ed Abandonment and safe of the Goodrich Street.rlght -of- -way (ROW) between Ellicott Street and Michigan Avenue. -With the abandonment of Goodrich Street, converting It from a City- nwried street to a privy #a drive, a number br City owned citilitles will ilecil to be ielocated andlar as "andaned.: The utilities which will be affected In ctude an.e water main, 13'and ( s'sewer lines and street lighting. Contact flat been mada with both :City of Diviolon of yvpter and the buffalo . Sewer Auttiarity to address relocation and/or abandonment. of these utllitibs In a manner that Is consistent vv h City of Suffato requiremants. The (allowing summary. Is provided,' corresponding to the 'atlached' Exhlbits, to convey our untierstanding of the Improvements which are required for each respective utility: Therd !;'in existing 8 -Inch public watermain on the north side of the Gordrich Street ROW between t lhe.Forar tnT Street ROW and Elllcott StrbeG The fopowing Is a l {st of changes which are being proposed tq riiebt #he.Cltyof Buffalo DivlsiorT of Watsr requirenTents: = •W1. :rip xlsffng oublic 8-Inch watermaln will be fertiovidla bapoloned beMeen Ellicott Sire e1 and the *w Site Access Drive. W2. -. Aneypubllc8•lnch watermain wlll Installed along the NeW Site Access Drive between _ the - r " "amalning'8-tn4h wolarn•Tain on Goodrich Street and. the existing 16 -Inch public A watermain on East North Street to malritaln proparlaoplhg. W3. An easement will be provided to the City of Buffalo for maintaining the exlsiing 8 -Inch public. Watermain within the abaAdoned Goodrich Street right- of•way and the along 1ha New Site Access Drive. W4. Fird Hydrants will be relocated as hecessary to be placed within public right -of -ways and easements. Weida Health will coordinate with the City of Buffalo Fire Department for the ; decommissioning and recommissioning of fire hydrants. �I M I DiDonato Associates, P.E., RC, Civil Engineers 6a8Mairr5 #rea; 8ulrafo,,fanY6rk 1420) . 116 1 556 -Ik0 . Fax lip;�5S•i9c7 5 1 February 12, 2009 Attn: William Grillo Re: utility Relocations far Goodrich Street Abandonment t3uffato General Hospital Page 2 SANITARY and STORM 5 FWERS There are'two (2) existing public sewer dries which run along Goodrich Street within the area of aba(idohment. The existing 12 -inch storro sewer line is located within the Goodrich Street roadway and begins approximately 100 -feet west of the Michigan Avenue ROW and outlets to an existing 21- in&4 c6m6inatton sawar at Efficoit Street. The ezlsting 18 -inch sanliary sewer llrre is facaisd within the Goodrich Street roadway and begins approximately at the old Elm Street RoW andoutlets to an axis tlnd 2 f, inch combination, sevVer at Ellicott, Stmet. Both th a storm and sanllary saver Mss service only the Buffalo General fiospf roperty and Goodricfr Street surface drainage. 7 he fnllo4virig is a list of oranges whlch'arn b6Ing pioposed to mast the Buffalo SewerAuthc;Mlea requirements: SL The pi !sung 12 -Inch aho 18 -Inch sewer lines running within the Goodrich Street ROW will be rriairiiained and repfaced as necessary to accommodate the eonstrucilon of the Both sewers wllf be'located underthe nowbuilding and vvl connect to existing manholes located vr MA thi Ealcoft,Street ROW. - S2. All sewers (senllery and storrri) within the Goodrich Street ROW wflf be owned and malirtalned by`Kalfeida,Health to their connection poirit at the manhole structures faceted vrllhtri 6i ROW of El fcdtt Street, 53.. There are.rlo -to sejkgp "located at the intersectlpnof Goodrich S tree t'and Michigan Ave and therefore, r ®locations and easements are riot requfred. 5TRE&LtGN IN(3 Tho. existing public gtreit lighting is currently located along'lhs'nor•ttt side of the Goodrich Street Ftgiil!. between M16hlgAn Avenue and Elilcoft $treat and consists of pate mounted luminaires and un' uil . de�gmtrnd`corsduifwlth cohdc ctprs supptying tgeach pots: Thg existing lightpoles and underground condare awned by the C1Ey of Buffalo. Tlioexisting pgte- mounted lumnleras and L11 conduct Qra are oi�mei# by Natlonaf Grid. Eleatricityis suppifed through the cxlsling underground cariductars by National Grtd.. Li. the axlsEfng publle sEreet llghUng located between ElNcottlreet end the new site access drive wilkiln the existing Ga6drtch Street FLOW will be removed and retained to the City of . Buffalo Street Department. Aft luminaires will be returned to Natlor' I Grid. - L2. The existing public sEreet tlgl6rig located between the new site access drive and Michigan Avenue will remain in the. same location and the light.pole'and "fuinlnara style wll1 be determined'durfrig the site plan revfaw process and any lnfrastruclural Issues will be worked out with the Cily as necessary. ►� : Mona #o Associates, P.E., P.C. Civil Engineers 689 Main Street w Sulfalo, Now YarX 14203. 7161556.1900 • Fax; 716 r 656.1987 February 12, 2009 Attn: 'William Grillo Re: Utility Relocations for Goodrich Street Abandonment Buffalo General Hospital Page 3 'if you, have any questions .orconcerns, you can contact me at (716) 656- 1900 or email me at • ' ' jblarlkQitldonatn.ca.. � . Very "fY yours, ' fafDonatoAssoclates, P.E.,P.C. i s y J. ank, P.E: Sr. Project Englrieer - cc: Brand ;if A�elyelly Eeq. 4 Se l�tenl CnraaraUanCaunEef .CFlyalBuNaloDepartmealclt.aw . Mara fumiabm ri Q, L Hitler 8eveil b Finary LLP MAi1 i*(MidiK; KAWdi hertth . YeaerRleapAy,?4hrklaNealrh ' Mkliael Betl,. t3udalo "Nteyer3 �fedlgf campus John Hal MC Canaan Do34n t srriiiii Pravdniaria, CiAm Drsrprr • .1alsnDlgriMt'a.P.>:., ptQnnito °Runsuta� _ • perarRJrian P.E.. 17106016A.Iiodatae ,1, r �S S I (�; :qty ••+... ._ A r � ,. :E' . .. po t} Irr: ,r r FE ' m ' - ' . � . � � ' � -" �' _ `• ill " :!•1� i - ' . � 4H, 4s�Y� L I • f HIM � � � x t• ! Fr" �I - re: Al • rr E; � a t .� 1 , t``y � if � .`iti F , 1E�'� - � � , � =•�.5 - � Appendix D Permitted Exception ONROE TITLE INSURANCE RPORATI N 130 PEARL STREET, BUFFALO, NEW YORK 14202 -4068 Applicant: Attention: TMENT F R TITLE INSURANC Harter-Secrest & Emery Title No.: - 201- 064998 LLP Anthony D. Mancinelli Property: Goodrich St. Buffalo, NY UPON EXAMINATION OF TITLE to the premises described in Schedule "A" we find the same as of May 4, 2009, vested in fee simple in City of Buffalo. . UPON receipt of its scheduled premium, this Corporation covenants to. issue its Policy in the amount of $TBD subject to the conditions ofSchedule "B "herein. This Commitment shall constitute a binderto issue . said Policy to Kaleida Health. THIS Commitment is preliminary to the issuance of such policy or policies of title insurance and shall become null and void'and all liability aind obligations hereunder shall cease and terminate six months after . the effective. date hereof or when the policy or policies committed for shall issue,.whichever first occurs, provided that the failure to issue such.policy or policies is not the fault of the Company. MONROE TITLE INSURANCE CORPORATION Authorized Signatory Date Authorized Signatory - Rcdated Exceptions appearing herein may affect marketability of title. Yourlawyer should be consulted before taking any action based upon the contents of this report. Title insurance companies may not act as legal advisors. Address Inquiries to: Peter Iannini Title Number: 201- 064998 Telephone No. (716) 852 -0737 Page i i } l` MONROE TITLE INSURANCE CORPORATION POLICY FORMS [ X J ALTA Owner's Policy (6/17/06) with Standard New York Endorsement [ j ALTA Loan Policy (6/17/06) with Standard New York Endorsement [ ) ALTA Short Form Residential Loan Policy (6117106) with TIRSA Amendments [ j TIRSA Owner's Extended Protection Policy (1/11101) [ J TIRSA AWor Loan Policy (10/21/97) [ j TIRSA Short Form Junior Loan Policy (10121/97) [ J ALTA U. S. Policy (199 1) ENDORSEMENTS (with applicable charges) [ ] TIRSA Access Endorsement (Loan Policy) ($25) [ j TIRSA Additional Interest Endorsement (Loan Policy) (Regular Loan Rate Per $1000) [ J TIRSA CIuster Endorsement (Loan Policy) ($25) ( j TIRSA Condominium Endorsement (Endorsement 4) [ J TIRSA Contiguity Endorsement ($25) [ ] TIRSA Contract Vendee Endorsement (Commercial) (Owner's Policy) (120% of Regular Owner's Rate) [ ) TIRSA Contract Vendee Endorsement (Residential) (Owner's Policy) (Regular Owner's Rate) [ J T'7RSA Cooperative Endorsement (Loan Policy) [ . J TIRSA Cooperative Endorsement (Owner's Policy) [ j TIRSA 8.1 EPL Endorsement (Environmental Protection Lien) (Loan Policy) ($25 [ J TIRSA 8.1 EPL Endorsement (Environmental Protection Lien) (Gov. Agencies) (Loan Policy) ($25) [ J TIRSA 8.1 EPL Endorsement (Environmental Protection Lien) (NYC Only) (Loan Policy) ($25 [ J TIRSA Fairway Endorsement (New York) (Owner's Policy) (20% of Regular Owner's Premium) [ J TIRSA Fannie Mae Balloon Mortgage Bndorsemcnt (Loan Policy) ($25) [ J TIRSA First Loss Endorsement ( Loan Policy) (10% of Regular Loan Premium) , [ j TIRSA IDA Endorsement (Owner's Policy) ($25) [ j TIRSA Joint & Several Liability Endorsement ($ I Per Each $1000 of Insurance) [ j TIRSA Junior Loan Policy Endorsement I (Junior Loan Policy) ($25) . [ j TIRSA Junior Loan Policy Endorsement 2 (Revolving Credit/Variable Rate) (Junior Loan Policy) [ ] TIRSA Land Same As Survey Endorsement ($25) [ j TIRSA Leasehold Endorsement (Loan Policy) = [ ] TIRSA Leasehold Endorsement (Owner's Policy) [ j TIRSA Manufactured Housing Unit Endorsement (Endorsement 7) (Loan Policy) ($25) [ ] TIRSA Market Value Policy Rider (Owner's Policy) (I Wof Regular Owner's Premium) [ j TIRSA Market Value Policy Rider (Owner's Extended Protection Policy) (5 % of`Reguiar Owner's Premium) [ J TIRSA M ezzanin e Financing Endorsement (Owner's Policy) (30% of Regular Owner's Premium) [ j TIRSA Mortgage Tax Endorsement (Loan Policy) ($25) [ J TIRSA New York City "Development Rights" Endorsement ($25) [ ] TIRSA Non - Imputation Endorsement (Owner's Policy) (20% of Regular Owners Premium) . [ j TIRSA Option Endorsement (Owner's Policy) (Rate Varies) [ j TIRSA Planned Unit Development Endorsement (Endorsement 5.1) ($25) [ ) TIRSA RCE -I (Residential Revolving Credit) (Loan Policy) (10% of Regular Loan Premium) [ ] TT SA RCE-2 (Commercial Revolving Credit) (Loan Policy under $3 million) (I0% of Regular Loan Premium) [ J TMSA RCE -3 (Commercial Revolving Credit). (Loan Policy under $3 million, under 3 year terra, non- construction) (20% of Regular Loan Premium) [ j TWA RCBA (Commercial Revolving Credit) (Loan Policy of $3 million or more) (10% of Regular Loan Premium) [ J TIRSA Residential Mortgage Endorsement (1 -4 Family) (Loan Policy) ($25) [ ] TIRSA Restrictions, Encroachments, Minerals (Endorsement 9) (Loan Policy) (10% of Regular Loan Premium) [ ] TIRSA Reverse Mortgage Endorsement (Loan Policy) ($25) [ j TIRSA Swap Agreement Endorsement (Loan Policy) (Regular Loan Rate Per $ 1000) [ ] TIRSA Tax Parcel Endorsement (Single Tax Lot) (Loan Policy) ($25) [ J TIRSA Tax Parcel Endorsement (More Than One Tax Lot) (Loan Policy) ($25) [ J TIRSA Variable Rate Mortgage Endorsement (Endorsement 6) (Loan Policy) ($25) [ J TIRSA Variable Rate Mortgage Endorsement (Fixed Rate Conversion) (Loan Policy) ($25) [ J TIRSA Variable Rate Mortgage Endorsement - Negative Amortization (Endorsement 6.2) (Loan Policy) ($25) [ j TIRSA Waiver of Arbitration Endorsement (Loan. Policy) ($25) [ ] TIRSA Waiver of Arbitration Endorsement (Owner's Policy) ($25) Title Number: 201- 064998 - . Page 2 SCHEDULE "A" PARCEL A ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie and State of New York, beingpartofLot No, 29, Township 11, Range 8 oftheHolland Land Company's Survey, more particularly bounded and described as follows: BEGINNING at the intersection of the east line of Ellicott Street (66 feet wide) and the south line of Goodrich Street (66 feet wide); thence easterly along the south line of Goodrich Street, a distance of 691.28 feet to the west line of the former Elm Street (50 feet wide), said Elan Street closed to the public by Cornmori Council Proceeding No.171 on March 23,1965; thence northerly at an interior angle o f 103' 03'56", a distance of 67.75 feet to the north line of said Goodrich Street; thence westerly along the said north line ofGoodrich Street at an interior angle of 76° 56'04", a distance of 691.74 feet to the said east line ofEllicott Street; thence southerly at an interior angle of J 02° 40' 54 ", a distance of 67.65 feet to the point and place of beginning. ' PARCEL D ALL THAT TRACTOR PARCEL OF LAND situate in the City of Buffalo, County of Erie and State of New York, beingpart ofLot No. 29, Township 11, Range 8 of the Holland Land Company's Survey, more particularly bounded and described as follows: -DEONNING at the intersection'of the west line of Michigan Avenue (66 feet wide) and the south line of Goodrich Street (66 feet wide); thence northerly aloiig the west line of Michigan Avenue, a distance of 67.62 feet to the north line of said Goodrich Street; thence westerly along the said north line of Goodrich Street at an interior angle of 77° 25'33 ", a distance of 366.34 feet to the west line ofthe former Elm Street (50 feet wide), said Elm Street closed to the public by Common Council Proceeding No. 171 on March 23, 1965; thence southerly at an interior angle of 103° 03'56", a distance of 67.75 feet to the said south line of Goodrich Street; thence easterly along the said south line of Goodrich Street at an'. interior angle of 76° 56'04",-a distance of 366.93 feet to the point and place of beginning. Title Number: 201- 064998 Page 3 SCHEDULE "13" SECTION I MATTERS TO DE DISPOSED OF ON OR BEFORE CLOSING OF TRANSACTION. THESE MATTERS WILL APPEAR ON OUR POLICY AS EXCEPTIONS FROM COVERAGE UNLESS DISPOSED OF TO THE SATISFACTION OF MONROE OR ITS DULY AUTHORIZED REPRESENTATIVE PRIOR TO OR ON THE DATE OF CLOSING. 1. Continuation of all searches to date of closing. 2. Proper execution, delivery and recordation of conveyance and/or mortgage necessary ' to consummate the transaction contemplated herein. 3. Lien Clause pursuant to Section 13 of Lien Law in all deeds and mortgages to be recorded. 4- Compliance with Section 253 -b of the Tax Law (Credit Line Mortgage) is required before an instrument evidencing a sale or transfer of this real property can be recorded. S. Tax search dated May 4, 2009 shows no unpaid items. NOTE: Premises is a public street and is tax exempt and not assessed under any SBL No. b. A City of Buffalo Common Council Resolution approving the sale of premises and authorizing. the execution of a Deed to Kaleida Health is required. 7. Survey map made by Foit - Albert Associates Architecture, Engineering and Survey, P.C., dated November 13, 2008 and last revised December 16, 2008, Job No. 03066.13, must be amended as follows: a) the title block of said survey must be corrected to show premises as being pa rt of the Holland Land Company's Survey instead of the Buffalo Creek Reservation. b) the legal description of Parcel B set forth on said survey must be corrected to conform to the legal description of Parcel B set forth in Schedule A above. Title Number. 2ol- 06499$ Page 4 SCHEDULE "B" SECTION II EXCEPTIONS WHICH WILL APPEAR IN TITLE POLICY The following matters are expressly excluded from the coverage of the policy to be issued, and the Company will " not pay loss or damage, costs; attorneys` fees, or expenses that arise by reason of i. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or, Iocation of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or govern auaental regulations. This Exclusion 1(a) does not modify or limit the 'coverage provided tinder Covered Risk S. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk'7 or 8. 3_ Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Loan Policy Covered Risk 11, 13, oar 14 or Owner's Policy Covered Risk 9 and 10); or (e) resulting in loss or darmge that would not have been sustained if the Insured Claimant h►ad paid value for the Insured Mortgage (Loan Policy) or the Title (Owner's Policy). 4. Unenforceability of the lien of the insured Mortgage because of the inability or failure of an Insured to comply with applicable doing - business laws of the state where the Land is situated (Loan Policy Only). S. invalidity or unenforceability in whole or inpart ofthe lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law (Loan policy Only). 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage (Loan Policy) or vesting the Title as shown is Schedule A (Owner's Policy), is . (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of the policy (Loan Policy) or in Covered Risk 9 of the policy (Owner's Policy). (b) not Kmown to the Company, not recorded in the 7. Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing.to the Company by the Insured Claimant prior to the date the Insured Claimant became an insured under this policy; (c) resulting in no. loss or damage to the insured Claimant; Any lien on the Title for real estate taxes or assessments imposed by governmental authority and, created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer that vests the Title as shown in Schedulo A (Owner's Policy) or Insured Mortgage (Loan Policy), in the Public Records. This Exclusion does not modify or Mnit the coverage provided under Loan Policy Covered Risk 11(b). SEE SCHEDULE "B" SECTION II (CONTINUED) Title Number: 201- b64998 Page-5 t �'u SCHEDULE "B" SECTION II (CONTINUED) 8. Rights of lessees or any parties in possession of the premises other than the insured or owner. 9. Any state of facts an inspection of the premises would disclose. 10.' Survey map made by Foit -Albert Associates Architecture, Engineering and Survey, P.C., dated November 13, 2008 and last revised December 16, 2008, Job No. 03066.13 discloses: a) various utility lines located on premises. b) 3 tunnels running north -south crossing Parcel A. 11. Rights of the City of Buffalo, Buffalo Sewer Authority and any utility companies in and to any utility lines and installations located on premises. . Title Number: 201 - 064998 u Page 6 5 MONROE TITLE INSURANCE CORPORATION APPLICATION :CONFIRMATION To: Harter Sevres# & Emery LLP ' Date: May 13, 2009 Property: Goodrich St., Buffalo, NY Monroe Hereby Confirms its Receipt of an Application for the following title products: [ X ] ALTA Owner's Policy of Title Insurance in the amount of $TBD ] -ALTA Loan Policy of Title Insurance in the amount of $ �) ALTA Leasehold - Owner's 'Policy of Title Insurance in the amount of $ covering the above described property. IF THIS IS A REFINANCE 'WITHIN 10 (TEN) YEARS, YOU MAY BE ENTITLED TO A REDUCED PREMIUM. CONTACT THIS COMPANY IMMEDIATELY FOR DETAILS. MONROE TITLE INSURANCE CORPORATION BY: Authorized Signatory FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES June 23, 2009 Q0 0 ' 0 " " 3 To: The Common Council: Date: June 18, 2409 4 � 4 . From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Type in Uppe and Lower Case Only Subject: [: Food Store (New) [: 1256 Hertel (Delaware) Prior Council Reference: (If Any) [: Ext. (item No. x.xx C.C.P_ xx/xx /xx): Text (Type Single Space 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 1256 Hertel (Mecca International Foods ) and find that as to form is correct. 1 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. TyM Department Head Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER Signature of Department Head: Q"""" r JC:PS:rf REFERRE.D., TO THE COMIV31TTEE ON L h )0N. 1 t CITY OF BUFFALO OFFICE OF LICENSES 2 13 C ITY II ALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY /DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: V. FERRARACCIO APPLICATION FOR: MECCA INTERNATIONAL FOODS LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 1256 HFRTI?L BUSINESS PHONE: (313) 449 -9892 COUNCIL DISTRICT: NI POLICE DISTRICT; 10 APPLICANT NAME: AHMED ALI APPL. PHONE: (716) 332 -0653 APPLICATION NUMBER: 554122 REFERRAL DATE: 051l4/2009 REMARKS: DISAPPROVAL REASON: i NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) a L APPROVED DATE: --- DISAPPROVED DATE: DISAPPROVAL DATE- CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: ', �'" V 'rc r" Ct_ -�" INSPECTOR Z 1 �'.� 1� C C RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App3!lp2rpr r CITY OF BUFFALO OFFICE OF LICENCES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: MECCA INTERNATIONAL FOODS LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 1256 HERTEL BUSINESS PHONE: (313) 449 -9892 COUNCIL DISTRICT: NI POLICE DISTRICT: 10 APPLICANT .NAME: AHNMD ALI APPL. PHONE: (716) 332 -0653 APPLICATION NUMBER: 554122 REFERRAL DATE: 05/14/2009 REMARKS: DISAPPROVAL. REASON: 3 1 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVE DISAPPROVED DISAPPROVAL CALL RACK DATE; DATE: DATE: / k - 'Ooi A 3i3 �. 0 e9 NEW LICENSE 2010 ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR �& RM# � EXT a AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. .4ppslip2rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY IIAT �L BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: V. FERRARACCIO APPLICATION FOR: MECCA INTERNATIONAL, FOODS LICENSE TYPE: FOOD STORE NEW LICENSE 2010 BUSINESS ADDRESS: 1256 HERI'EL BUSINESS PHONE: (313) 449 -9892 COUNCIL DISTRICT: NI POLICE DISTRICT: 10 APPLICANT NAME: AHMED ALI APPL. PHONE: (716) 332 -0653 APPLICATION NUMBER: 554122 REFERRAL DATE: 05/14/2009 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: j Vffbv�(' C�rc- V _ CC01 iC A INSPECTOR 1 f' �� 1�� RM#1 EXT 4 �J AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSllp2.rpt 06- 09 12;54 FROM- CITY of BMALO OMCB OF LICENSFA 313 CITY HALL RUFFAY.O, NEW YORK 14202 NSPEC1z IUAPPROVAL MZUUNST AGENCY ! DFIPARIUMM. FO= 8EM TO.OD&WHIDNBA OP AIM APPLICATION FOR: W CCA DNTBRNATIONAL FOODS WONVOMADOMM: 12%MMM COUNMUNTurcr: m PDIacsaMVN=, !R 1A?nJCANr AMM AU A"L lso : (116) 33Z4953 A"MAUMMAaM 554M RRISI'AL DATM 05fi4 am 1' UAFFSAVAL AYANWi S CO�L6'aC�Ali XV A=MCYIDE! {/ ' p A g WMMTt % 1 APP , AllfMCT CATTAJN: AYPBOYBD D RA Us ��i�N Fa$ DISlL�Q'VAL I�TST BE ®TAl� H1�LOr�U"' ZZMARM ZIW LM3MZ 2M (7+t) 41 8 3 - '- U. rlT3 -9 223 • May A VVV/ www 4 - wow" � CORM OF PMJCRI . � / amsiss ioner ADM PLLAU CUPWRILM AND UTODN TM5 OMER" To Tai OFF= OF licmm& TE AM YOU 4PRAJO CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: MECCA INTERNATIONAL FOODS LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 1256 HERTFL BUSINESS PHONE: (313) 449 -9892 COUNCIL DISTRICT: NI POLICE DISTRICT: 10 APPLICANT NAME: AHMFD ALI APPL. PHONE: (716) 332 -0653 APPLICA'T'ION NUMBER: 554122 REFERRAL DATE: 05/14/2009 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) A DATE:_. /C DISAPPROVED DATE: DISAPPROVAL DATE - CALL RACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS:` " / f INSPECTOR i'/ t�� RM# �_ EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlip22rpt Department Of Economic Development, Permit & Inspection Services (a Re Of Licenses 313 City Hall Buffalo, NY 14202 rig 'Phone: (716) 851 -4078 FAX (716).851: -4952 ✓� MAY 14 2009 Lt LICENSE APPLICATION: Please check the category you are applying for Type of Entity: A91&61e Proprietor El Corporation 13 Partnership ® Limited Liability Company Restaurantood Store Bakery /Confectioner Restaurant Take -Out Meat, Fish, & Poultry Caterer Date 5 f�� 20 Applicant Name � � �- � 1 Home Phone Ap Address CI Vl!" ftc�n - 5 Y Number and Street City State ZIP Co- Applicant Name Co Applicant Address City state ZIP Number and Street Corporation Dame Date Incorporated Business Name C l r�� -w/ri�� o v1 ejt oo cj S . Business Phone BusinessAddress Number and Street City State ZIP Date - Business Certificate Social Security #� FAX# ( ) - State Tax ID # Mailing Address (if different from business) Number and Street City State ZIP Number of employees (Baker /Confectioner only) FEES Restaurant 0 -204 seats..-.. $174.00 201 -400 seats.... $250.00 400+ seats._ $350.00 Restaurant Takeout ...................... $ 88.00 Catering........ , • ............................ $ 88.00 Food Store ....................,... $115.00 Meat, Fish & Poultry (2 yrs) ..... __ $1.50.00 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 Applicant Signature M \w" e _ _ V 1 Print Name bscribed and w m to before me this �� day of 20 a Commis' on r of eAor the City o tiffalo, New York To: The Common Council: Date: ,Tune Its, 2009 lJ 1 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: (: Food Store (New) [: 1199 Kensington (University) T py p in Upper and I [: L Lower Case Only j: Prior Council Reference: (1f Any) [: Ext. ( Item No. xxx, C.C.P. xx/xx/xx Text ( 1;ype Single Space 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 1199 Kensington (Ken & Suff Get It & Go Food Mart) and find that as to form is correct. 1. 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. Type Department Head Name: ,FAMES COMERFORD I'ype Title: DEPUTY COMMISSIONER Signature of Department Head. JC:PS:€f REFERS ,°= VTTEE ON LE � 10W. CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: KEN & SUFF GET IT & GO FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPS.., PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1199 KENSINGTON 832 -0020 UN 16 KERRY ELDRIDGE 553863 04/21/2009 NEW LICENSE 2014 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: "'REASON FOR DISAPPROVAL MUST BE STATED BELOW" REMARKS: INSPECTOR RM# EXT 0 7 i AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App, rp2.,pi CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: KEN & SUFF GET IT & GO FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME. APPL. PHONE: APPLICATION NUMBER- REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1199 KENSINGTON 832 -0020 UN 16 KERRY ELDRIDGE 553863 04/21/2009 CALL FIRST NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) (APPROVED DATE: ii&X PROVED DATE- DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR _._._..... EXT `4 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsrip2.) -pi CITY OF BUFFALO OFFICE OF LICENSES 3 3 CIT E . A LL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: KEN & SUFF GET IT & GO FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL, DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRA1, DATE: 1 199 KENSINGTON 832 -0020 UN 16 KERRY ELDRIDGE 553863 0421/2009 REMARKS: CALL FIRST DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 4 �l 62� DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON F�,OR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# f EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlfp2 Apr CITY OF BUFFALO OFFICE OF LICENSES 313 C TY HALL & . ....... . BUFFALO, NEW YORK 14202 INSPECTION/APPROVAT, REQUEST AGENCI!Y / DEPARTM FeWl' POLICY REFI' CONEMISSJONER 01 POLICE APPLICATION FOR: KFN & SUFF CET IT &- GO FOOD MART LICENSE TYPE: FOOD STORE BtJSFNFSS ADDRESS- 1199 KENSINGTON BUSINESS PHONE: 832-0020 COUNCIL OISTRICT. LJN POLICE DISTRICT: 16 APPLICANT NAME: KERRY ELDRIDGE APPL. PHONE; - APPLICATION NUMBER. 553863 REFERRAL DATE: REMARKS: DISAPPROVA), REASON: CALL FIRST (TO BE COMPLETED RV AGENCY/DEPARTMENT REFERRED TO) Y APPROVED DATE: DISAPPROVED REMARKS- DISTRICT CAPTAIN: APPROVED DATE: DATE: DISAPPROVED DATE: " FOR DISAPPROVAL MUST BE STATED BELOW RE MARKS: NEW LICENSE 2010 COMM. OF AF ER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TOTHE OFFICE OF LICENSES, THANK YOU ,appSiq?2.rpf CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: KEN & SUFF GET IT & GO FOOD MART LICENSE TYPE: FOOT? STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE. APPLICATION NUMBER: REFERRAL DATE: 2ND REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1199 KENSINGTON 832 -0020 UN 16 KERRY ELDRIDGl 553863 04/21/2009 05/19/2009 NEW LICENSE 2010 ADMINISTRATIVE ADJUDICATION TICKET MUST BE PAID. (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) r APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# �/ EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlip2.rpt city Fla , � i you :arc, apply .A TZrif —�� q � S f&��j Li Fish to iz ....... 1 "� 5.00 � Su�sorit�acl mid gwo' n to b� in e ��is � day of ; r � - e ....... C yrsy .... . ..... $1.50,00 Food 0 -2 ernploy� s $ ' .00 Baker/ �.0 �;mployees Y l . rn> szor�� r oaf "}eect acid oi r�5 employ - .4 .157,00 City o 3uff o N 'York -5 r npl.o�.ees— $315.00 HOC ez ptoy��s .Y $525.00 ROBERT G. i-tflidILTON No.o,HA61 76220 Notary P"wio, s0e of NOW York QualitSP 3 in Eris County To: The Common Council: Date: June 18, 2009 Prom: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject:: Food Store (New) [: 2312 Maim (fin) 'j ��,•h. Type irk UppeUpper and I Lower Case Only. j [: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xx/xx/xx Text ( pe Single Space 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 2312 Main (Parkside Community 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. Type Department Head Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER Signature of Department Head: � Je:Ps:rt REFERRED TO WE'COMM ON L ION- CITY OF BUFFALO OFF ICE OF LICENSES J13 Cl T 7R �(] HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY I DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: PARKSIDE COMMUNITY MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: 2312 MAIN (716) 381 -1245 MA 16 ALI ALMADHRAHI (716) 381 -1245 553902 04/27/2009 NEW LICENSE 2010 DISAPPROVAL REASON: CHANGE OF USE FROM OFFICE TO STORE IS REQUIRED. (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE: DATE: DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: 'c ,E INSPECTOR " . RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlip2.rpr I CITY OF BUFFALO OFFICE OF LICENSES 313 Ci T Y HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY f DEPARTMENT. FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: PARKSIDL COMMUNITY MARKET LICENSE TYPE: FOOD STORE NEW LICENSE 2010 BUSINESS ADDRESS: 2312 MAIN BUSINESS PHONE: (716) 381 -1245 COUNCIL DISTRICT: MA POLICE DISTRICT: 16 APPLICANT NAME: ALI ALMADHRATII APPL. PHONE: (716) 381 -1245 APPLICATION NUMBER: 553902 REFERRAL DATE: 04/27/2009 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) =APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RMN �� EXT _ AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. t AppSlip2.rpt CITY OF BUFFALO OF FICE OF LICENSES 313 CI T �I IAA.LL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST V� � / �N AGENCY 1 DEPARTMENT: OF �� REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: PARKSIDE COMMUNITY MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2312 MAIN (716) 381 -1245 MA 16 All ALMADf RAI11 (716) 381 -1245 553902 04/27/2009 NEW LICENSE 2010 CHANGE OF USE FROM OFFICE TO STORE IS REQUIRED. (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) A PROVED DATE: L� DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** INSPECTOR AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU .4pps11p2.rpt INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: PARKSIDE COMMUNITY MARKET LICENSE TYPE: FOOD STORE 4� =�0 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2312 MAIN (716)381 -1245 IVlA 16 ALI ALMADR AHI (716)381 -1245 553902 04/27/2009 -T/li (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: NEW LICENSE 2010 (3 1 ) [ 1 3 ( (3 9' 1 7 Doll DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED. DATE: 7 - DISAPPROVED DAT ** *REASON FOR DISAPPROVAL MUS BE ST AT D BELOW * ** REMARKS: 1 � v COMM. OF POLICE: Deputy Commissioner AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU App8lip2.rpe CITY OF BUFFALO OI' FICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST i AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: PARKSIDE COMMUNITY MARKET LICENSE TYPE: ' FOOD STORE BUSINESS ADDRESS: .BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 2312 MAIN (716) 381 -1245 MA 16 ALI ALMADHRAHI (716) 381 -1245 553902 04/27/2009 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKSc' INSPECTOR . _��, =��L' RM # EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE .OFFICE OF LICENSES. THANK YOU. AppSUpZ.rpt APO 2 7 2009 � D.epartment Economic Development, Pearinit & nspeetion. er xce,9 ' Office Of .Licenses 31.3 City Hall :. Buffalo, NY 14202 DEPCG° ' Phone: (716) 851 -4078 FAX (716):551 -4952. N. LICENSE AP]PEZCATTON. Please check the category you are applying 4 -r C j Restaurant �]- food Store Q Bakery /Cnnfeetroner Restaurant akc Oiat 1Vleat F3ish, "& Poultry � Caterer D ate ,_ 20 � Applicant.Name - . A L ALMADHRAI-II Dome Plxone � �' / a 4jS Applicant Address E FERIZX ST BUFFALO NY 1421'4 �- -� _ Number and Street City S ta te ` "Ali' Co Applicant Name Co Applicant Address Number and Street City State Z11' Corporation Name Date Incorporated Business .Name PARK" SIDE COMMUNITY MARKET Business Phone - BusinessAddress 2312 MAIN ST BUFFALO NY 14214 Number_ and Street City State ZIP Date - Business Certificate 04/14/2009 social Security # � FAX# � } - . - State Tax ID # Mailing. Address " .1148 E F ERRY ST BUFFALO NY 14211 (ifdifF rent from business) Number and Street City State Zlp Number of employees (Baker /Cont'ectioaei o Iy) FEES Restaurant 0 200 $174.00 201 -400 seats.... $250.00 .400± seats.... $250.00 Restaurant Takeout ...................... $ 88.00 Catering.— ........ ....— l- ................... $ 88.00 Food Store..... ...... 15,00 Meat, Fish POW" (2 yrs }.._........ $15 . Bakery Q - 'employees .. $63.00 Confectioner -340.ergployees SJQ5.00 11--25 "employees.. 1 ,057,00 . 26-50. employees... $315 51 -200 employees.. $525.00 R r Applicant Signature • R Print Natue Su cribed and sworn to before me this 2 y _ day 6f Commisioner Deeds in and ftr the City of Buffalo, New York 000,13 #1 (Rev. 1193) Single Page Communication to the Common Council To: The Common Council: Date: June 4, 2009 '- From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Lodging House License [: 1049 Elmwood (North.) f Type in Upper and (: I Lower Case Only _ [: Prior Council Reference: (If Any) [: Ext. (Item No. xxx, C.C.P. xx/xaJxx) Text (Type Sine Space Below) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 1049 Elmwood Ave and find that as to fonn is correct. I have caused an investigation into the premises for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, Health Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of David Guidi. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COM. ERFORD Type Title: Signature of Department Head. 3C .- PS:jd ifR REFERRED) K 3 4 1 11 E COMMITTEE lobe" f�: Interdepartmental Memo Date: June 4, 2009 To. James Comerford, Deputy Commissioner From: Patrick Sole Jr., Director of Inspections & Building Services RE: Common Council Communication Lodging House at 1049 Elmwood Ave. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Lodging House License application to the Common Council: 0' Zoning Office Fire Prevention Building Inspection Police Department 0 ' Health Department J ,' Lodging House Agent License j Application erector of Inspections & Buildi g Services Date 1 t Byron W. Brown Mayor C-1 OF B UFAXLO Department of Economic Development, Permit & Inspection Services Office of Licenses LODGING HOUSE AGENT LICENSE LICENSE RONALD LAWRENCE 1049 ELMWOOD AVE BUFFALO, NY 14211 AV4 Brian Reilly Commissioner License Number 549831 NO INDIVIDUAL SHALL BE PERMITTED TO SERVE AS AGENT AS PROVIDED IN THIS CHAPTER WITHOUT FIRST OBTAINING A LICENSE FROM THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PERMIT AND INSPECTION SERVICES UPON THE APPROVAL OF THE COMMISSIONER IN ACCORDANCE WITH CITY OF BUFFALO ORDINANCE CHAPTER 269 -5. PROPERTY OWNER'S NAME: MICHAEL SEECHIARETI NUMBER OF ROOMING UNITS: 4 Fee: $30.00 Date Issued. Date Expires: 21112010 Supervisor of licenses License holder is responsible for renewal of license within 30 days of expiration date. THIS LICENSE IS NON - TRANSFERRABLE CITY OF BUFFALO OFFICE OF LICENSES 31:3 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: LICENSE TYPE: LODGING HOUSE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 1049 ELMWOOD (416) 807 -0654 NO 06 DAVID GUII)I 0- 553125 01/13/2009 REMARKS: NEW OWNER DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) N[IMBER OF BEDS APPROVED >> OVED DISAPPROVAL CALL BACK 1 DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS- INSPECTOR [ / l Y r ` RM# EXT A i - N e' AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslip2rpv CITY OF BUFFALO, OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: ERIE COUNTY HEALTH REFERRED TO: ERIE COUNTY HEALTH DEPT APPLICATION FOR: LICENSE TYPE. LODGING HOUSE NEW LICENSE 2010 BUSINESS ADDRESS: 1049 ELMWOOD BUSINESS PHONE: (415) 807 -0654 COUNCIL DISTRICT: NO POLICE DISTRICT: 06 APPLICANT NAME: DAVID GUIDI APPS. PHONE: 0 - APPLICATION NUMBER: 553125 REFERRAL DATE: 01/13/2009 REMARKS: NEW OWNER DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) NUMBER OF BEDS APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK "TREASON F DISAPPROVAL MUST BE STATED BELOW" v REMARKS: DK IV INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. ApiBlipIrpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: LICENSE "TYPE: LODGING HOUSE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT- APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 1049 ELMWOOD (416) 807 -0654 NO 06 DAVID GUIDI 0- 553125 01/13/2009 REMARKS: NEW OWNER DISAPPROVAL REASON: NEW .LICENSE 201€1 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) NUMBER OF BEDS f / APPROVED DATE: _ DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: 3 INSPECTOR 4 C 1 RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES, THANK YOU. App- 'hp2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: LICENSE TYPE: LODGING HOUSE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON 1049 ELMWOOD (416) 807 -0654 NO 06 DAVID GUIDI 553125 01/13/2009 NEW OWNER NEW LICENSE 2010 MUST CONTACT INSPECTOR WITHIN 10 DAYS. (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) NUMBER OF BEDS A PROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: Z, ..— DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT ek AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY I DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: LICENSE TYPE: LODGING HOUSE REMARKS: 1049 E LM W OOD (416) 807 -0654 NO 06 DAVID G1.1IDI 553125 01/13/2009 r Q f NEW LICENSE 2010 NEW OWNER MUST CONTACT OFFICER BILLINGS AT HERTEL STATION. ?LETED BY AGENCYIDEPARTMI NT REFERRED TO 'P + DATE • S� ' r DATE: DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: ::�5 DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELQW * ** REMARKS: COMM. OF POLICE: c o �A &ssioner A1+ 1 EK 1INNYM 11V1V YLEANT, l_ V1VIYLE 1 E A.IND I L+ 1 U.KiN l nl REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. App31i p2. rpt is N ............ Toronto Police Service 40 College Street, Toronto, Ontario, Canada. MSG 273 TEL 416-808-2222 FAX 416-808-9202 Websitc: www.TororjtoPofice.oaxa William Blair Chief of Mee January 12-'2009 W David Guidi 903 - 330 Spading Rd., Toronto, Ontaiio M5R2V9 To Whom It May Concern: GUIDI OB: 1978.�L3.17) David Daniel No Namber __O9_-_LI2_ Please be advised that a search of the Canadian Police Information Centre (C.P.I.C.), National Criminal Records Repository maintained by the Royal Canadian Mounted Police (RCMP) concerning the person whose; name and date of bh-ffi appears above, did not disclose any existing -criminal record of convictions. Q. Blair, Co Xewr6.Man4-gm- ent Set jIqOrrn3tipa.A -- -- -- I X q w .01 iss uing 4�lqrk Vw/i 4.IbA,. gn M'(L -I? P A Nk the M e gets 61manAW, are (40)0 io&erso at 4 'giVater Prof. U V or aro other to "1�r Rosrrl#1� I dative to. j 011 (a Warkj�j with rhe Pmf%u' WN4 r rve ct 0 - WOUMENT • ANU CONTAINS SEGUnITY FEA gqRIQiNAL 0 Tjy 9P F9FINTAI AM 6017,0 3OVc] GOOMHDAM To :1-T 600Z/0T/50 NIP8t4re,,'Pidge -Date 1§ P -147C (REV. 3/96) APPLICATION RELEASE FORM T E M I LED `i'O: Iloffalo Police Department Mentification Section 74 Franklin Street f Buffalo , New York 14202 f There is a $10.00 fee to process this data, By mail, payment MUST be mad o b mon o ed. rden D oney�orde se nd ca ti o ugh the mail. In person, payment can be made by money order or cash. Ch the Buffalo Police Department. B sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by allotary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions , you WILL NOT receive the requested information. ALL SIGNA'T'URES MUST BE ORIGINAL. NAME OF Al'>rI.ICAN'I`: t.1Gty, ��► /MAIDEN NAME SEX N1 RACE �.�,�� r �- l CURRENT ;DURESS: 4,�' Ykr } ljii 1 DATE, OF BIRTH: lmp SOCIAL SECURITY # p REASON FOR REQUEST" 4 SIGNATURE OF APPLICANT STATE OF NEW YORK DATE ' COUNTY OF ERIE ) SS.; CITY OF BUFFALO �C c_.. r ; On the day of�'iZ -19 _ , before me personally appeared; ` r = , to me known to be the same person described in, grad {11110 CtJ ;GC -z executed the foregoing instrument and acknowledged the execution thereof. } _ N) Notary Public/ CP sinner of7eedsx *� nx *� *� * * * * * * * * * * * * * * * *** TO LIE COMPI.ETEI) IIY IDI?,NTIFICATION SEC'T'ION PERSONNL I, VERIFIED BY: r NO RE CORD ON FILE DATE VERIFIED NOTE: USE OF THIS INFORMATION IS NOT BASE' D ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 HAYS FROM BATE VERIFIER D. NOT VA LID UNTIL STAIVI M' P. DEPARTMENT OF ECONOMIC DEVELOPMENT PERMIT & INSPECTION SERVICES i OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 ) -- (716) 551 -4078 13 i01� B UD LODGING HOUSE LICENSE APPLICATION - Date <� C. / c l 1 LODGING HOUSE ADDRESS L in 6z r� 2c sS 3� 4 (N Street) #� ® 4W M6,4' 3 86 (Zip Code) Owner Name fl 4. Home Phone # V/Z Owr Address , (No., Street) (City, Town or Village) (State) (Zip Code) Owner Date of Birth Number of Rooming Unit _ 11 Location of Rooms �j6r Place of Birth /4" i ° , - Total Number of Beds Applied for Total Number of Beds Number of Rooms --V— Number of persons occupying each Rooming Unit AS PER CHAPER 259 -2(B) OF THE CITY ORDINANCES, NO LICENSE WILL BE ISSUED UNLESS THE OWNER OR THE AGENT OF THE PROPERTY RESIDES ON THE PREMISES OF THE LODGING HOUSE ADDITIONAL REQUIREMENTS; Name of Lodging House Agent. Agent Phone # i o r -?/ Two (2) Photos of Owne Police Record Check Proof of Residence 'vers licenses, voter registration card or other evidence acceptable by the Cormnissioner) Applicant Signature Suscribed and sworn to before me this r Day of c_ Fees- commissioner of Deeds in d for the ° City of Buffalo, New ork LHM App! 0-15 Beds 67 - 1 - 0 -9D 16 -25 Beds 118.00 er 25 Beds 118,00 + $2.50 each additional bed OF, �. #1 (Rev. 1/93) Single Page Communication to the Comrnorr Corrrrcil �� ; ' To: The Common Council: Date: May 27, 2009 From: Department of .Economic Development, Permit & Inspection Services Division: Office of Licenses Type in Upper and I Lower Case Only Subject: (: Lodging House License [: 83 Prospect (Ellicott) f: 1 Council Iteference: (If Any) [: Ext. ( Item No. xxx C.C.P. xx /xx /xx Text ( Type Sinp_le Space Below : e Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that .I have examined the attached application for a Lodging House License located at 83 Prospect Ave and find that as to form is correct. I have caused an investigation into the prerni.ses for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, Health Department and Building Inspections. I brad it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Dmitry Fayblyurn. The attached thereto for Dinitry Fayblyum dlb /a Big Star Developnnent LLC. This request is submitted for your approval or whatever action you decin appropriate. Type Department Head Narne: JAMES COMERFORD Tyne Title: DEPUTY COMMISSIONER Si Signatu r of Department Head: ,jCA REFER,', TO THE COMMITTEE -0 _ = ,-AT '� Interdepartmental Memo Date: M ay 27, 2009 To: :lames Comerford, Deputy Commissioner From Patrick. Sole Jr., Supervisor of Licenses RE: Common Council Communication Lodging House at 83 Prospect Ave. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for LyLodging House License application to the Common Council: 7 0 � Office (Certificate of Occupancy No 287) a 1 Fire Prevention L Building Inspection (Certificate of Occupancy No 287) Police Department Health Department LJ , [,odging House Agent License 51 Application c ti 'y gLAT lLT OF BUFFAXL0 Department of Economic Development, .Permit & Inspection Services] Office of Licenses Byron W. Brown Mayor LODGING HOUSE AGENT LICENSE LICENSE JOSE VELEZ 83 PROSPECT AVE BUFFALO. NY 14201 Brian Reilly Commissions License Number 553740 NO INDIVIDUAL SIIAIJ, BE PERMIT"T ED TO SERVI AS AGl?,N`I' AS PROVIDED IN THIS CIIAI'T'ER WI'T'HOUT FIRST OBTAINING A I.,ICENSE FROM `I'HI DEPARTMEN "I' OF ECONOMIC DEVI LOPMI NT AND PERMIT AND INSPI C`TION SERVICES UPON THE APPROVAL OI TITE COMMISSIONER IN ACCORDANCE WITII CI'T'Y OF BUFFALO ORDINANCE: CFIAPTE 269 -5. PROPERTY OWNER'S NAME: BIG STAR DEVELOPEMENT LLC Fee: $30.00 Date Issuer/: Date Lxplres: 2/1 /2010 Supervisor of Licenses License holder is responsible for renewal of license within 30 days of expiration date. THIS LICENSE IS NON-TRANSFERRABLE BYRON W. BROWN Mayor BRIAN IMLLY Commissioner Conditional Certificate of Occupancy JAMLS COMERFORD h Deputy Commissioner PATRICK SOLE, Jr. Director Certificate No. 288 In accordance with the appropriate laws of the State of New York and /or the Ordinances of the City of Buffalo the structure(s) located at 83 PROSPECT AVENUE Buffalo, New York, having been inspected and found to conform substantially to applicable laws, ordinances, rules or regulations, said structure(s) is hereby certified for occupancy with attached conditions stated elsewhere. This certificate is issued subject to the limitation herein specified and is valid until the expiration date stated below. Date Issued: 05/2212009 Receipt Number: 19640 Permit Number: 52770 Permit Date: 11/25/1970 Building Classification: Type 5b Frame unprotected Class: R2, Basement: Utilities First Floor: One (1) Dwelling Unit, Five Rooms Second Floor, Ten (10) Rooms Third Floor: Eight (8) Rooms Expiration Date: 08/20/2009 Conditions: REPLACE: FIVE (5) WINDOWS AT THIRD FLOOR (NORTH SIDE,) TO FIT OPENINGS AS PER PRESERVATION BOARD. Ines W. Comerford eputy Commissioner of Cconornic Development, Permit & Inspection Services Reviewed by: DEPARTMENT OF ECONOMIC DEVELOPMENT, .. :' PERMIT & INSPECTION SERVICES DIRECTOR'S OFFICE�� 65 NIA6A to ',QMll F. /304 (:1'r Y" 1 IALL/ BUI ' ALO, MY 1420? -33113 / (716) 851 -6596 / 1-AX: (116) 851 -4889 / I.S ,l-,i& j)- lc(i?city- 1)'ttFaiu.cvm Erie County D Housing I Rooming House Inspection Report n, ❑Owner ❑ r Phone (h). � Y Xi Phone (other): _ Property information - Address_ Unit: CITN: Zip Code: .. _ Phone (h): zx - Occupant: ; ' Phone (rather): ❑'l or 2 Family ❑Multiple `PRooming House ❑ El Occupied Bl acant ❑Complaint ❑ Reinspection ❑ F ❑ Reinspect ❑ Legal Action ❑ Referral 0 Close m ® � s •'� ..�1 i.,3+ <..�} j t •Sr t 7 t r t r'E .R 3 ♦,jS1 } i,{ �' v \ 1 P �t.�t` if1• •� �� rx �'.4... 3 -'�E 1t�i {S -'1 '} f Please contact Sanitarian at t �'. _ with any questions. —, A follow-up inspection of the property will be conducted on or after ALL C ITED VIOLATIONS MUST BE CORRECTED IN ACCORDANCE WITH ALL APPLICABLE CODES AND LAWS. FAILURE TO COMPLY WITH THIS OFFICIAL NOTIFICATION WILL RESULT IN LEGAL ACTION. Report Received b (sign) Sanitarian Signature (if applicable) (print) Date Received /Mailed: # 1 j CITY OF BUFFALO ,L/ OFFICE OF LICENSES 313 CITY HAIL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: BIG STAR DEVELOPMENT LLC LICENSE TYPE: LODGING HOUSE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPI- PHONE': APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 83 PROSPECT (416) 936 -8884 EL 03 DMITRY FAYBLYUM (416) 936 -8884 553738 04/06/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) A PP ROVED DATE: L{ q DISAPPROVED DATE: REMARKS: t DISTRICT CAPTAIN: ✓Y-- r �3( r /� � APPROVED DATE: DISAPPROVED DATE: ***REASON FOR DISAPPROVAL Mb BE SAID BELOW REMARKS: COMM. OF POLICE: Deputy Commissioner AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. APps!'�2,r�' P -14 7C (REV 3/96) Ai PFUCATION RELEASE FO IV[ TO L3 MA LED M BuffaRo Police Department Identification Section 74 Franklin Street Buffalo, Nem York 16202 There is a $10.00 Tee to process this data. By mail, payment MU be made by money order. Do NOT send cash through the mail. In person, payment can be- made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Deportment. ,,I ion can be mailed to you. Complete all the . -n 0 in e sure to include a stamped, self-addressed envelope so that this i f r at information listed b°low and have your identification and signature verified by a Notary Public (or) Commissioner of D e eds, as listed on the boitom of this application. Without total compliance to these instructions, you "]I LL NOT receive the requested information. ALLMCNATURES MUST BE ORffGHqAL qAM -AIDEN NAME v ME OF Al APPLI[CANT: SEX i"% R A C E (CURRENT ADDRESS' E 6 A DATE OF BIRTH SOCIAL SECURIii ft REASON FOR REQUEST L a,s2^ w it SIGNATURE OF APPLICANT � � ". -- � DATE STATE OF NEW YORK COUNTY OF.ERIE SS' CITY OF BUFFALO On the day of jg before me personally appeared L LD to me known to be the same person described in, and who A I-L IL � Ie executed the foregoing instrument and acknowledged the execution thereof. Not&Fy-P"4i,—,/ Commissioner of Deeds 7,'o BE COM PLE TE D BY �-- DENTRFICATNON SECTION E R S 0 N N F, L v= L1, T; T A C H Z D j1 RECORD A VERIFIED B o IITQ RVECORD UNI FILE DATE VERIFIED -3 '10 I NOTIS: USE OF T11 Y,11\4 j,[S NOT HBASEDI Or 1^INGERPRINT 0EINTIT'> CATION. - as 1\ lm- 7T f:' -N AFTER 60 DAYS FROMI DATE VERUVRED-1-1 VALM UNTRIL STAMP E U- CITY OF BUFFALO OFFICE OF LICENSES 313 C1TY I BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: FIRE PREVENTION REFERRED TO: I.T. GESEL APPLICATION FOR: BIG S'T'AR DEVELOPMENT LLC LICENSE TYPE: LODGING HOUSE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE. DISTRICT: APPLICANT NAME: APPL. PRONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 83 PROSPECT (416) 936 -8884 EL 03 DMITRY FAYBLYUM (416) 936 -8884 553738 04/06/2009 NEW LICENSE 2010 CALL FOR API T. STABILIZE REAR FIRE ESCAPE BOTTOM. (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) NUMBER OF BEDS APPROVEn DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: * "REASON FOR DISAPPROVAL MUST BE STATED BELOW` REMARKS: dC�� INSPECTOR LC�� RM## EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 4pp8lip2.rpl DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICE OFFICE OF LICENSES 313 CITY HAIR- ? BCiF -ALAI, NEW YORK x.4202 (716) 851 -4078 LODGING HOUSE LICENSE APPLICATION Date :3 )3-t LODGING HOUSE ADDRESS (No., Street) (Zip Code) Owner Name Horne Phone # Owner Address 7� "fit �� {_ -�, -`� J° (No., Street) (City, Town or Village) (State) (Zip Code) owner Date of Birth _ 7 Place of Birth L , Number of Rooming Units D- 3 Total Number of Beds Applied for 3 Location of Rooms B SI Zrd +3 f� _ Total Number of Beds 3 Number of Rooms a 3 Number of persons occupying each Rooming Unit AS PER CHAPER 269 -2(B) OF THE CITY ORDINANCES, NO LICENSE WILL BE ISSUED UNLESS THE OWNER OR THE AGENT OF THE PROPERTY RESIDES ON THE PRF OF THE LODGING HOUSE ADDITIONAL RE UIR M NTS: Blame of Lodging House Agent. �OS ` e- e 7 Agent Phone # �'E , - � G' - 7•- g y "s'C) y � T Two (2) Photos of Owner Police Record Check Proof of Residence (drivers licenses, voter registration carol or other evidence acceptable by the Commissioner) Applicant Signature Suscribed and sworn to before me this Day of Fees: 0.15 Beds $ 7100 Q L 16 -25 Beds 118.00 Commissioner of Deeds - and for the er 25 Beds 118.40 + $2.50 City of Buffalo, New York each additional bed LHM App] BYRON W. BROWN Mayor June 4, 2009 C 11A OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES DIRECTOR'S OFFICE CERTIFIED MAIL, Dmitry Fayblyum Big Star Development 72 Milwood Tonawanda, NY 14150 RE: 83 PROSPECT AVENUE LODGING MOUSE Dear Mr. Fayblyum: iw G � hit BRIAN RE-[Lt,Y commissioner JAMES C:OMERFORD, Jr. Dqu €y Commissioner PATRICK SOLD, Jr. Director The City of Buffalo's Department of Economic Development, Permit & Inspection Services conducted an investigation on June 3, 2009 with'.regards to.tlle property you own /operate at 83 Prospect AVenne in the City of Buffalo. The aforementioned investigation concluded that there are five (5) boarders residing at 83 Prospect and therefore, you are operating a Lodging HOUSe at 83 Prospect Avenue in violation of Chapter 269 "Lodging Houses ", specifically, Chapter 269 -2 "License required ". You are hereby notifi to cease and desist all Lodging /Roorning House operatioris immediately, until said time that you have obtained the require([ City of Buffalo licenses. You must provide this office with documented proof that notices to vacate have been issued to the occupants of 83 Prospect Avenue. Enclosed are summonses issued for operating without the required licenses. Failure to abide by this order Will result in additional fines being issued arid legal action being taken. Should you have any questions regarding this notice, please contact the Office of Licenses at 851 -4078. Res fully V atrick So lc Jr. Supervisor of Licenses cc: James Comerford, Deputy Commissioner of LDPIS Brian C. Davis, Ellicott District Councilmember 6S N IM, ARA SOMAATi / 304 CITY 1 IAU. / IMI- 'FAL0, NY I42U2 -33113 / (736) 851 -6596 / FAX. (716) 851 -41,99 J liM, I >solc {�L�eiE }'- Ix�fC;iltr_cne7� "21 V 2 o Y Ll - e-,cv; c VD e- A A s 6 - Y-O-i s ee-1 -vu\e�A > coorv-\ koq 0 D vo e, VIA - 7 // w o c c�P Toy, Li - 71G- P r V6 ic, s P le o s Alo - i 4-4 au C~ -- 1 �- C) - _0 <-) v; « �, b I li�. - . I ly FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS June 23, 2009 SINGLE PAG COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: ADMINISTRATION, FINANCE, POLICY, & URBAN AFFAIRS DATE; 6118/09 SUBJECT: Filing all correspondence between COB & HUD Re: HUD's Recent CDBG Program PRIOR COUNCIL REFERENCE: Ex. (Item No. 74, C.C.P. /12/09) After meeting with officials from the U.S. Department of Urban Development (HUD), including the Deputy Regional Director, the Mayor appointed me to be the official representative to HUD for the City of Buffalo. Consequently, this response to your honorable body's May 14, 2009 request for all correspondence between the City of Buffalo and HUD pertaining to HUD's recent findings regarding the Community Development Block Grant Program (CDBG) is conveyed to you with this filing under my signature. Enclosed, as we committed when your honorable body first requested this information, once all filings between the city and HUD regarding its review of the CDBG program were completed and submitted to HUD, we would promptly comply with this request. The final communication to HUD was presented on June 9, 2009. With this filing, we are complying with your request at the first available council filing deadline following HUD's receipt of this communication. The enclosed information includes the 30 -day, 45 -day, 60 -day, and 90-day responses required by HUD. Attached is a June 16, 2009 letter from HUD's Deputy Regional Director acknowledging the city's "timely" response to all information requested by HUD. The letter further notes the progress the city is making with HUD and the "positive steps" that the city has taken to "increase the city's effectiveness in carrying out its CDBG program ", with several of its findings already addressed by the city. SIGNATURE DEPARTME HE fD T ITLE: Commissioner of the Department of Administration, Finance, Policy and Urban Affairs ` PRED TO THF- COM MITTEE . 6 ed j J;,D,) iii, 2 009 lion. Byron W. Brow -, Mayor City of Buffalo 201 City Hall 65 Niagara Squat Buffalo, New York 14202 - 3109 Dear Mayor Brown: It wars a, pleasure; to rr►ect you and your senior swff on R e 4, 2009 to discuss x taual issues of concern as well as char Department's recent moaiitoring of the City's CDBG progTarn. As a result of this meeting, I feel that several positive steps have been taken to strengthen the City's relationship with this Depar and to increase the City's overall effectiveness in oarryi g out its CDBG program, We would also life to thank you for the City's tiEriely response to all 19 monitoring findings. A formal response to these findings will be fortheorning by June 30, Om Depannient's preliminary review indicates tbat severa.t of these findings may be closed while others will require additional action. In the interim, we are looking forward to working with your newly named representative, Ms. Janet Penksa, Commissioner of Administration, Finance, Policy and Urt3cif7 rilic'a� i .5. Penlysa aiad other Cityrepresentatives i.avo alyeady t1iet with our Department's senior staff on June 11, 2009, and arrangements have been made to meet on a weekly basis. One of the prituary purposes of these meetings is to develop and execute an action plan to address our monitoring findings. Further, such meetings will allow for the City and our Department to work together to develop and implement pen nanew solutions to address the root causes of manor long - standing issues. I will be following up with you in August to determine the progress that has been made. During the interim, the Department remains committed to working with you in the delivery of HUD's programs and services. Cordially, oAitna Aniellm Deputy Regional Director www.hud.gov eapannl.hud.gov FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING June 23, 2009 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 18, 2009 FROM: DEPARTMENT: Community Services & Recreational Programming DIVISION: SUBSTANCE ABUSE SERVICES —X SUBJECT: Approval of Service Contract in the amount of $48,000.00 with the Back to Basics Organization. Contract effective July 1, 2009 -- June 30, 2010. ENTER PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: (TYPE SINGLE SPACE BELOW The City of Buffalo Department of Community Services & Recreational Programming (the "Department ") is positioned to fund $75,000 to the Police Athletic League of Buffalo, Inc. ( "PAL ") for purposes of funding a portion of the Buffalo Niagara Film Commission's ( "BNFC ") mission in 2009 to develop and assist in film, television and video production throughout the City of Buffalo and Western New York. Accordingly, the Department requests your Honorable Body to: Grant the Commissioner and the Department the specific authority to enter into the attached Agreement and fund $75,000 from the Department to PAL pursuant to the terms and provisions of the Agreement for purposes of partially funding BNFC's 2009 mission to facilitate and expand film, television and video production in the City of Buffalo, 2. Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation and or modifications thereto as shall be necessary to facilitate the terms and provisions of the Agreement, and 3. Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said Agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation. SIGNATURE: DEPARTMENT HEAD NAME: Tanya Perrin - Johnson TITLE: Commissioner of Community Services and Recreational Programming i O FNITr 3, Pry��ir� ' r a —OPM T COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 18, 2009 FROM: DEPARTMENT: Community Services & Recreational Programming DIVISION: YOUTH SERVICES SUBJECT: Approval of Contract in the amount of $75,000.00 with the Police Athletic League (PAL) for Program Assistance to The Buffalo Niagara Film Commission. This contract is effective July 1, 2009 — June 30, 2010. ENTER PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: (TYPE SINGLE SPACE BELOW The City of Buffalo Department of Community Services & Recreational Programming (the "Department ") is positioned to fund $75,000 to the Police Athletic League of Buffalo, Inc. ( "PAL ") for purposes of funding a portion of the Buffalo Niagara Film Commission's ( "BNFC ") mission in 2009 to develop and assist in film, television and video production throughout the City of Buffalo and Western New York. Accordingly, the Department requests your Honorable Body to: 1. Grant the Commissioner and the Department the specific authority to enter into the attached Agreement and fund $75,000 from the Department to PAL pursuant to the terms and provisions of the Agreement for purposes of partially funding BNFC's 2009 mission to facilitate and expand film, television and video production in the City of Buffalo, 2. Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation and or modifications thereto as shall be necessary to facilitate the terms and provisions of the Agreement, and 3. Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said Agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation. _, 7 , SIGNATURE: DEPARTMENT HEAD NAME: Tanya Perrin - Johnson TITLE: Commissioner of Community Services and Recreational Programming „ .: REFERRE rI 0004 1. ; COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 18, 2009 FROM: DEPARTMENT: Community Services & Recreational Programming DIVISION: YOUTH SERVICES J CT: Approval of Service Contract in the amount of $30,000.00 with the University of Buffalo for the Next Generation Scientist Program. Contract is effective July 1, 2009 -- June 30, 2010. ENTER PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: (TYPE SINGLE SPACE BELOW Phase I: A 6 week (half day) summer program in which 25 students are given hands on instruction on basic computer programming using a language such as Java, Ped, or PHP (to be determined). The course would consist of a combination of lectures and on -site programming assignments, in which the students receive guidance from staff as they work to achieve a particular programming assignment. Throughout the school year, participants will meet on a monthly basis to continued instruction to retain their programming skills. Phase Ik The following summer, graduates of the Phase I basic programming course will take a second 6 week advanced course in programming that would introduce them to topics such as database programming, graphical user interface (GUI) design, web services, etc. Incorporated into the course will be examples of tools that will be of use to labs throughout the Center of Excellence (UB, Roswell Park, Hauptman- Woodward). These tools may include the development of databases, web -based interfaces, graphical analysis tools, etc. The participants also participate in a day- or week -long placement of student teams into these labs, to learn about lab operation and to see the computing needs of the lab. It is anticipated that interested students are invited to work in the research labs throughout the academic year under the supervision of a computational scientist from UB's Center for Computational Research. SIGNATURE: DEPARTMENT HEAD NAME: Tanya Perrin - Johnson TITLE: Commissioner of Community Services and Recreational Programming M NNANGF, G 0 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: June 18, 2009 FROM: Community Services and Recreational Programming DIVISION: Community Services Su ct: Vacancies and Communication devices ENTER PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: Information regarding vacancies and communication devices Community Services: 1. Associate Account Clerk 7120107 Substance Abuse: 1. Administrative Assistant (Stenographic Secretary) 1131109 Senior Services 1. Senior Citizens Specialist 12104/08 Employee with cell phone /smart phone 1. Tanya Perrin Johnson- Commissioner a. Blackberry- Voice and Data Plan $900 Yearly 2. Stanley Depczynski- Senior Services Van Driver a. Voice Cell Phone- $480 Yearly 3. Joseph Provenzano- Senior Services Van Driver a. Voice Cell Phone- $480 Yearly Gas Cards- City Garage 1. Stanley Depczynski- Senior Services Van Driver 2. Joseph Provenzano- Senior Services Van Driver TYPE DEPARTMENT HEAD NAME: Tanya Perrin - Johnson TYPE TITLE: Commissioner of Community Services and Recreational Programming j SIGNATURE of DEPARTMENT HEAD: 24 ` � . TO THE SPECIAL, V ET T. Aim ry f� BUFFALO PRESERVATION BOARD J C 41 3 Recommendation from Buffalo Preservation Board to Buffalo Common Council Re: Applications for Landmarks /Landmark Sites The Buffalo Preservation Board recommends that the attached applications for City of Buffalo Local Landmark designation be approved by Buffalo Common Council. The applications were initiated and prepared by the Preservation Board as a result of the recognition of the historic and cultural value that these properties offer the City of Buffalo. Both houses meet most, if not all, of the criterion for designation as local and National landmarks, Below is an overview of their significance. • "Heath House" One of four remaining houses designed by Frank -Lloyd Wright in the Buffalo area, the Heath house was completed in 1905 and is considered a precursor to Wright's renowned Roble house built in Chicago in 1909, and is an important example of Wright's Prairie style. • "Davidson House" Also designed by f=rank Lloyd Wright, the Davidson House was completed in 1908 and embodies many typical characteristics of Wright's work while also including some unique and atypical features. The applications were prepared and reviewed by the Preservation Board in accordance with Chapter 337 Article III of City Charter. According to Chapter 337, "any person, group of persons, or association may request designation of a landmark, landmark site, or an historic district by submitting an application for designation... The Preservation Board may also initiate proceedings for designation of a landmark, landmark site, or historic district. " The attached applications were reviewed by the Buffalo Preservation Board, and are being forwarded to Common Council for their review. Also attached is the section of City Charter that pertains to the local landmark designation process. Below are the names and addresses of the property owners. The Heath House: Ms. Nancy Schmid 60 Knollwood Lane Williamsville, NY 14221 The Davidson House: Mr, Russell Maxwell 312 Summer Street Buffalo, New York 14222 REFERRED TO. THE ITS' ON LEGUSLATION. (A sd PRA ERVATION pTANDARD8 387-8 (2) Meetings shall be hold at equla�ly sched- uled times to be eestablished by the Preservation Board At the beginning of each calendar year or at ww time upon the calf of the awrnw. All meetings od the Pneervar tion Board and its Advisory committees shall be open to the public. (a) No member of the Preservation Board shall vCs 4ft Matter materially or apparently dfecting the property, income or business interest of that member. mr7 Pbvmrs and dudes. . The Preservation Board shall have the following powers and duties: A. Tb adopt Such bFIAws, ruts and MUM= as the PreeervedC►n Board dense naowwY to "M ou t its ympondbilities, consistent with the Code of the City of Buffelo, suWwt to the approval cd the common CaunclL B. Tb conduct an ongoing survey and inventory of hWorleally and architechnaliy signiR=t prop - gram, std and areas that OMMMAiy the cultural, sociisi, economic. political or architec- tural history of th$ nation, state car city. C. To document, propose, review slid propose modifications. with due corwttation with the applicant, arid' at on the designatiori od hurd- marks, . landmark sites and hhturic didxide in aeowdanee with the purpose of this Preservation Coda. D. Tb develop and Promulgate spat ►hi+' Stan dards and guidelines to Mist'pr"PAY Owners in p�reserrvation, 'restoration, rehobltitation. and recorutruct#oan of landnwks, landmark situ and properties within historic districts And the design of contemporary structures within historle distrfebL E. Tb prapar+e' and update preservation plus to guide the preservation and future development of landmarks, hcrdnwk sites and historic districts. F. Tb approve or disapprove certificates d'no effete certificates of, appropriateness or certifabas of exception for the erecticm, alteration, Mtoratiant, renovation, relomtion, demolition or site impnove- mert of any landmark, tsxdmark site or of Any building, structure or site within an historic district whim the exdwW of such prvpert3► would be affected. . G. To advise and suesist owners ctnree; within sits and propu' and financial aspects historic districts on plUa�csl of prWrOtiOn, x+enonration, rehabilitation and sdgdve mves their property. H. To advise and assist other city dapartments on matters pertaining to historic preservation. I. � Tb nominate landmarks, landmark sites and historic districts to the Natiorml Regis W of Histart places and rudew Arid comment on any nations nomination submitted to the Preaerva- Vorc Board. J. Tb advise the Common Council concerning and acs�eptnce, acquisitio:i, . o#tioa, par administration of 'property, dsiopment rights and "Mments p to the purposes of this Ptarvatlon Codo. X Tb Q* for, accept and expend grantt Old f nds 6r goods and serv h orn horn pr public saunas. L Tb increase public awareness and broaden krurwledga of the value of bhtorle er+chitsrcture and cultural pmwvatbm within the City. j& '1b afthlish advlsorY committees to advise and assist the Pnnerv+ms -Board irn Achieving the purposes of this code. Advisory committees deli per such Advisory duties end funad" as the props rvation Board deems► cadets. Con mit- tee members need not be members of the Proer�vetion Board. Members will be -appointed by the OWrmsn and am at the pleasure od the Preservation Board. N. To undertake MY ether sir or activity WMW N y or appropriate for the execution of its powers and duties or to farther the Purpose of this code. ARTICLE III: •De4M* don of LwWmarks ad Dlstriets 1837.8. Applicallm . Any perWn, STOUP of persons or a mociStion may rOFMt~ domignation of a Iandmark landmark site or an historic district by submitting' Air application far 6 8870b 1 3374 deslgnatAra on a form furnished by the Preservations Board to the Secretary of the Preservation BMd' The preservation Board may also initiate Powd- ,up i3W designation of a lrAnwk, landmark elte or historic district. 07 -7.. Pteblie heoft by BNLVL • prammotion ROW ahall schWule a public hvaring not more than sixty (80) dWB "Off receipt of a completed apPlicaticm for designation of a landmark, landmark site or an hista e district. B. Notice tc Owners, The owner �� Pr�lon landmark o which *a ptppo ig situated : " which is part of a pWmad historic district shall be given notice of said public hearing relating to the designation of such proposed landmark, landmark site or historic district, the amendment to any designation owed or the proposed receedon of ow desist Lion. Such notice shall be malled to by the the scheduled e at least to (10) d4p Pte" hearing and shall be addressed to t ae rem* their, names and addresses apP"r of the Department of Assessment in the City Of Buffalo. C. of l b ��hol by' the pub lish ary notice tbm Baiwd in an official ne�rsP W oar a MWNPVW of Small circulation at least !once ten (10) days befoar+q add hearianss, g s87•8. Report sand ra connimend g cif B=nL A. The aPMervatlon • Board erhan, within ninety (90) a of nampt of a completed applicitiai forma, take its fins] action tw'eon which wall be in the form of a recommendation to the Common Council. The r oornmendation may limit itself to than landmark, landmark site or historic district ps desalted In the aplalicaticnn oar may include modifications thereto Within tan (14) days of its adoptiM by the limW, its written r mads- tion shall be filed in the offices of the Director of th Dirbian of Planning and the City Clark. The recommendation shall be. accompanied by a report containing the following: BUrF'AIA CODE f 887 -10 (1) ExplAnation lot the e1gniflcanca or lack of alpindsm site or historic WtM 85 landmark, land>'� t rent" to the 14t1a Ibr d "ignation. M Explanation of the integrity or lack of inWgrity o f the nominated landmark, land~ mark site ar historic district. (g) The relistionahiP � Leh �i�d rk� nark, �k the an -going wort of the Preservation Board to IIWIii'y and ` all pobentaal arm and structures that most the criteria for dosignAtIm (q) A WSP showing the location and boundaries of the nominated lar&nark+ landmark site or hhtorric district. B. Wd re conmenddatim and report shall be made available for Pudic i the City' Clerk's ice and in the office of the Secretary. 1 30749, • Referral to CMMlttes on hejooatlow The City Clerk shall cause the Preservation BOrd's �nmenulsntimn an d report to be presented to the Common QW al at its next stated meeting. The Common Council shall o n rdl�ar eegisla tion and rarrt to its Ccrrtmittee . f 887.14. P'stblto fig: ld public A. The Cmmmittee on Lee bearing Voreon not mom 0M BjxW (ds�e3avP after arecelpt of the rsoomm�enda ex ,opt that the 'Common COMO ama y, uPon euassatkt of owner: waive the tx:bllc ' hearing when an individuOland -ork or laadma�rk MW is belakg � B. Notice to .'she owner of WW alts o>ni'which s proposed landmark or lawimUk site is situated or which is part of a Proposed historic district shall be given notice of said public' tmtgng rilating to. the dedgnsti� of such Proposed irk, landmark site or propmed historic. d >satriet the amendment of any deeig nation af or the Proper redoes of and► doWPIL tuna. Such n otice by the City Clerk shall be serrW by mail at least ten (10) dos prior to the , WuW hearing, addressed to the owner at his 38706 837-10 PRE899VATIO STANDAM 337 - 4 tact knm address as it appear in the rrmrcls of the Department of Amearnent of the City o>d Hilo and as pmvided to the City Clerk by the Hoard. C. Published notice. The City Clark shall also give no "Oe of the public hearing by publiosdon `in an official newspaper or a nnw Mer of general circulation at Isard once and at least ten (10) days immediately prior to the 1141►riryR'- 1 837-11. A,c!hm by Committee. Within thirty (30) days of the public hearing required herein, the Cmnmittee an 1 shall take actin upooh the reommendatbm and report of the preservation Huard and Khali transmit same to the Conmon Council. The Committee MV apProve disapprove or modify a deOgna ft. Hawec+er, if a designation is modified, the Committee shall hold an additional public hearia prim' to MPPW trend. # 887 - I.8. 1180 - ne Common Council m ay appra't or disapprow the designation of a proposed - landmark, landmark site or historic district and ebaal at forth its apecif e- mawns for approval or disammill. 1 887 -18. RwmiHnff'of dotgnailon. Upon dsi udm o f a laamark, landmark aitsi or histaria dkatrK the 8ecretW shush file a dMcr%V of said lawknuk landmark site or bistoric district with the - City Clerk, the Director of the Division of Planning and the Department of public Wcudcs, who shall remd. same can appropriate maps, A descrip- tion or map of said landmark. landmark dte or hi*dc district shall also be filed in the offlos Of the Erie, Cottntty. Clerk by the Onwation C MA4 in such form and manner as shall hest provide nOMM to prospective buyers of affected property. 887 -M Amendment or res b&ih of dWffn - dom Designation of landmarks. landmark sites and historic dietrirts may be amended or rescinded in the manner in which dated. 1 887 -16. Criteria for dekrudlon- The Preservadorh Board "I. upon such invraeti- gaticn as it deems neoheneerY, males a delerminar Lion as to whet er a proposed landmark; landmark site or hMoric district meets one (1) or more of the following criteria: (1) It has character► irrtat or value as part of -the dovelapment, heritage on: calms char actadow of the city, state or nation. X (g) its location is a site of a significant loeal, elate or natia w event. (8) It Meemplffie the historic, asst c, Ruhr tsctchral, archaeoiogical, ucat d , tY elate not * or arlturA heritme ei the or nolfarL (4) • it is identified with �s� � significantly' omtrl oaf the city, state or non. (6) it embodies distingu wi Ch e�e�dy an arcdciteduW ptyle of a period, tt►pei. nu" of construction or use of indigenous male GIs. (6) It is. the work of a master builder, architect �, architect or hmdwge . whose individual work has influenced the went of the CRY, state or nation. (7) It embodier ol� �� e Ott materiale o UVJ ' Lv aiBrjific ant. (8) It embodies •elemente that a strue- turaibr or arched+ ly (g) It is a -anlque 16catfim or eorolaine sinlrulir phydeal charaeterbeca that make it ion es4blished or familiar visual feature within the dty. H. Any etnLftre, property or am that nSOU one (1) or nom of the locatian Crite deign 11 m�ate�isls euff cwt integrity► and workmamhip to make it worthy of PMerva- liOn or reatrattan. 88707 Form LS -1 Page 1 of 3 Application for Landmark/Landmark Site: The "Heath House" located at 78 Soldiers Place Buffalo New York Buffalo Preservation Board 901 City Hall Buffalo, Now York 14202 Telephone: (71 f) 851 -5029 Fax: (716) 851-4388 Instructions to Applicant: The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete: a) Three (3) copies of this application, b) One complete set of quality photographs, (Preferably 8" x 10 "), of all exterior elevations of the building. Interior photographs may also be submitted, c) A site plan, map or survey that indicates in sufficient details what buildinglproperties.are being proposed for designation; d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result In an Incomplete application and delay the review process: * *** check In the amount of $500.00 made out to the City of Buffalo Preservation Board must be submitted at time of application for non -owner occupied structures/sites. Please provide the following on the property for which landmark consideration is requested. 1. Address of Site 76 Soldiers Place 2. Name of Property (if any) Known as the "Heath House" 3. Name of Present Owner Nancy Elwood Schmidt Owner Address 16 Knollwood Lane Char Williamsville_ Zip 14221 Contact person Note: If property Is In multiple ownership, list the namesladdresses of other persons having legal or equitable interest in property: 4. Has the owner, if other than applicant, been contacted? Yes X No If yes, is owner in favor of landmark designation? Yes No Unknown _ X If yes, submit a signed statementlaffdavit by owner supporting Designation. 5. Present use of property Residential 6. Year of Construction 1904 Information Source ®uffato Architecture: a Guide 7. Architect Frank_ Lloyd Wri.gilt Information Source Buffalo Architecture: a Guide g. Is property endangered? Yes If yes, explain: No X NIA 9. Please describe the architectural, historical, geographical and cultural significance of this landmark and /or landmark site. Attach additional pages if necessary. Please indicate the sources of information. (See attached pages) 10. Please attach any additional material which might be useful in considering the site for landmark designation, i.e.; newspaper clippings, magazine articles, photographs, etc. Please list below, which of these materials you would like returned. If you would like to present additional materials at a meeting of the Preservation Board, please indicate nature of such materials. (see attached pages) 11. Name of Applicant: Buffalo Preservation Board Address 901 City Hall City Buffalo Zip 14202 Phone 716 851W5029 I hereby certify that the information contained herein is true and correct to the best of my knowledge. Signature of Applicant John Laping, Acting Chair, Buffalo Preservation Board Description and Sicinifica The Heath House is described as a two -story brick and stone residence built between 1903 and 1905 in the Prairie Style. The Heath house is considered a precursor to Wright's renowned Robie house built in Chicago in 1949. Through the turn of the century, Wright's distinctively personal style was evolving, and his work in these years foreshadowed his so- called "prairie style," a term deriving from the publication in 1901 of "A Home in a Prairie Town" which he designed for the Ladies' Home Joumal. Prairie houses were characterized by low, horizontal lines that were meant to blend with the flat landscape around them. Typically, these structures were built around a central chimney, consisted of broad open spaces instead of strictly defined rooms, and deliberately blurred the distinction between interior space and the surrounding terrain. The Heath House is located at 76 Soldier's Place, at the corner of Soldiers Circle and Bird Ave. near Granger's Place. It was built for William H. Heath and his wife, Mary Hubbard Heath. Hubbard Heath was the sister of Elbert Hubbard, a former Larkin Company Executive who retired in 1893 to establish, a few years later, the Roycroft Arts and Crafts community in nearby East Aurora, New York. Mr. Heath, a Chicago attorney, had come to Buffalo in 1899 to work as a lawyer for the Larkin Soap Company. He soon became the Office Manager and later, a Vice President of the Company. Heath was a loyal client and friend of Frank Lloyd Wright, and traveled with him to Japan in 1905. The Heath House is different from the other Wright Houses in Buffalo in several respects. The lot is long and narrow, different from Wright's favorite cross -axial scheme. Wright placed the house right up against the sidewalk in order to provide the maximum enjoyment of the yard and woodlot. Wright's interest in spatial openness caused privacy issues in this case. His piers, cantilevered roofs, and bands of windows would enable passing strangers to peer into the house, so Wright made several shifts in elevation from the street level, as evident from studying the interior layout. Inside the house, the chimney mass is placed in the near wall of the living room, effectively screening the room from public view. In a more typical prane house, Wright would have positioned the fireplace and chimney near the intersection of the major spaces of the houses, as he did in the Davidson, Boyton, and Martin Houses. Elaborate art glass windows are located in halls, landings, and other less primary spaces on this side of the house, which also assist in screening and providing interior privacy. The interior of the house opens outward to the Lincoln Woods area located to the south. The area was once park -like, but is now developed with modern housing. The main entry of the house is quite confining and leads to a reception area. Wright utilized screens of thin oak slats to create an Asian inspiration. Overhead moldings and art glass lights lead to the living room. The fireplace is the main focal element of the living room. The simplicity of the fireplace is contrasted with an elegantly decorated art glass4ronted bookshelf that was removed in the 1920s. At the rear of the house, there is a stable and garage, designed as an apartment dwelling by Frank Lloyd Wright in 1911. Criteria for DeslAnation In accordance with Section 337-15 of Buffalo Charter, the Preservation Board shall, upon such investigation as it deems necessary, make a determination as to whether a proposed landmark, landmark site or historic district meets one or more of the criteria identified in the Charter. The "Heath House" located at 76 Soldiers Place meets the following criteria: (1) It has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. The "Heath House" located at 76 Soldiers Place was built during the period of Frank Lloyd Wright's activity in the Buffalo area. Wdght's "Buffalo years" began in 1903 when Wright designed the Larkin Soap Company Administration Building on Seneca Street. He designed the Prairie -style Darwin Martin house for a Larkin Company executive. The adjacent George Barton house was designed for Martin's sister and her husband. He designed a house for William R. Heath, a lawyer and Larkin company executive who was company president John Larkin's brother -in law. The Walter Davidson house was designed for another Larkin executive. Wright also designed Graycliff in 1926, the Isabelle and Darwin Martin summerhouse at Lake Erie in Derby, south of Buffalo. (4) It is identified with a person .or persons who significantly contributed to the development of the city, state or nation. The "Heath House" located at 76 Soldiers Place is identified with William and Mary Hubbard Heath, who commissioned the house and were its first owners. 5) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials. The "Heath House" located at 76 Soldiers Place was designed in the Prairie Style, The Prarie style is marked by horizontal lines, flat or hipped roofs with broad overhanging eaves, windows grouped in horizontal bands, integration with the landscape, solid construction, craftsmanship, and discipline in the use of ornament. (6) it is the work of a master builder, engineer, designer, architect or landscape architect whose individual work has influenced the development of the city, state or nation. The "Heath House" located at 76 Soldiers Place was designed by master architect Frank Lloyd Wright, who is a nationally and internationally recognized designer. (7) It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant. The design, detailing, and materials of the "Heath House" located at 76 Soldiers Place embodies the "Prairie Style ", the architectural style developed by Frank Lloyd Wright. Additionally, the Heath house is considered a precursor to Wright's renowned Robie house built in Chicago in' 1909_ Additionally, the "Heath House" located at 76 Soldiers Place has sufficient integrity of location, design, materials and workmanship to make it worthy of preservation. Bibliograph Banham, Reyner, et. al. Buffalo Architecture: A Guide. Cambridge, MA: MIT Press, 1981. Mahoney, Patrick. pour Script. the William Heath House. McAlester, Virginia & Lee. A Field Guide to American Houses New York, New York: Alfred A. Knopf, Inc., 1984. ....... �,. -'— ��` .. � f' � tst _w!4 mm M, rw mulam A %< � ? .� Oil .... ., ..� v *. ,. . � � 2 ..... .....� � ? .� \� \� \\ i A /\ 'A loom o-4 ° mr. , yea 5i w tl , 6 ° {{ : �� b iw s _ H t f \ }y 3 L t� qa q 4- 501 L lat - RUM 1 4 t .40 44f AV* 4? 448 .047 )MCI w http://sanbom.umi.com.gate,lifi.buffalo.edu/sanborn/i,nage/fetchimage?statet 4/23/2008 X�D F F = � P-777. ,pp Page 1 of I ..ate — T — , ('- L IL 'rf How— -A-*VM mwftft A0, 11 IM 'le I �*44T -. l St s f_' f� 7 .2 T 4 ,' d &, 710 ., ., li. Y... aa�M •wawMicYartMM�..w�t:WaN.i�F'M d: . . i . . y [ �... I oa t� R n C7 SAR oGgA�tlfl .. t 3 r lEtivrc±:�sv(lri�'�_ � •air , G�►Ie. oS �7Ja�ih . Q,q lt. � � � ' e tc at j w A U P ( s.14 . iNix. J. J. STRAL EY AND SON "RoM na PIREa8 up4929 4C " CIVIL gtNGtKMERS ANb ftURVEYQRS r3cua.Flt SURVIY L..aCArED IN 'CI -!Ir BR[SSAN 6LI) . TAIM c©R RECTICmNO :a�Gtt} PZR I au KECr m4iit Ann Gunton #1*, C ITY OIr BUFFALO DArClac7a 68V. $9,38 I�utIPAL0, M. Y. • . . . ' I:IGL�H7iaiS gry4lilKtf{Akt5 .IAlA�fJggldEtiTATAKLM WfTifU.i.YTAIVRAp riynK 1pp r+soR 4 g +r 14 SOtt suaysrest ae�T Aw x. STATI 7901.601 rML Taira. y-�S ©! �� f L �� ¢Agr:2LQ pill! /AHFt: VIL KN {Nln S Yk }P c4nxrV`T !oRIIs�' rsH +oo AT ✓, . f~t_EGTl41G flGQC3: odr. fill YIAl 17T,-p� "F.IVI<N Gr 4,tt4]N6CA4 wr+d 'RkY Ydf/Q! ]6 aunVXraFis'tsd. ar AAVA LUPOACHOK IfAlrCii wrr }t V. s. arAnRwxu . Attu tA. Y i7ATt 7t4 Y4A1, 7►1'CSi. YANr. 000% �� , �Pkri[ f}y .. NO..r"'Eo�'2' 163 West Side F 164 lawn), elevated the principal living spaces well ti west Side above the eye level of passersby, and treated the broad chimney, tiny entry, and stained -glass windows as screening devices. Privacy does prevail, although the splendid window patterns seem to draw attention rather than avert it. The Heath house is a precursor to Wright's renowned Roble house in Chicago { 1909) where, on a sirniiarly narrow streetside lot, Wright struck an even more daring balance be- tween cantilevered roofs and subtly adjusted screening mechanisms. 53 William R. Heath House, 1904 -1905 76 Soldiers Place Architect: Frank Lloyd Wright (Detail photo shows stairwell window.l William Heath was a lawyer who served as of- fice manager and eventuatiy as a vice - president of the Larkin Company. Mrs. Heath was the sister of Elbert Hubbard, a former Larkin Com- pany executive who retired in 1893 to establish, a few years later, the Roycroft Arts and Crafts community in nearby East Aurora. The Heath commission presented Wright with the problem of situating a substantial prairie house, with its characteristically open structure, on a deep, narrow lot alongside Bird Avenue. In order to ensure a measure of privacy, Wright placed the house right up against the sidewalk (thus opening the rear of the house to a private 4 w North elevation of the William R. Heath House, Buffalo, NY. WASMUTH PORTFOLIO. 1911 FRMNK LLoYV WRi6r1T5; g estern New Yorkers have long considered Buffalo to be a treasure trove ofArnerican archiw- tectural form, One of its crowning jewels is the venerable 1944 William R, Heath House, located at 76 Soldiers Place at the intersection of Bird Avenue and Soldiers Circle in Buffalo, NY. It is privately owned. This masterwork of prank Lloyd Wrighes ear "Prairie Period" is charac- terized by dramatic, continuous flowing horizontal lines of brick and concrete organized along a single elongated axis. The house is sited close to the street, parallel to and above the sidewalk. The north elevation, fagade of the house, con- taining the entrance, presents a massive 192 -foot exposure along Bird Avenue. The entrance area is indicated by a single colossal circular urn set off against a stark blank brick wall. The urn projects forward and upward as a symbol of welcome and hospitality. The design of the Heath House was a complete expression of Wrighes prin- ciples of organic architecture The broad projecting eaves of the house culminate in the cantilevered veranda roof that dramatically projects out beyond the masonry walls below. The distinctive art - glass windows of the house are consid- ered to be among Wright's best. Unique to the pattern of the Heath House By Joseph A. Blat: Heath House urn, SHERWIN GREENBERB VML)IU. windows are horizontal lines joining several adjacent windows into an integrated hor- izontal continuity. The vistas from the home's living room and master bedroom frame the circular intersection of three major parkways of Frederick Law Olmsted's Buffalo Park and Parkways system. The large 15,500- square -foot house stands on a lot that is only 68 feet deep.'l he south elevation of Heath House originally look €d out upon an open landscape called Lincoln Woods. WILLIMM R. HERTH William R. Heath, a prominent lawyer and a Larkin Company vice president, commis- sioned the distinctive house in 1903. Heath was born in 1863 on a farm in Bonne County, Illinois. He worked briefly as a teacher before attending law school. He obtained a law degree from Northwestern University in Evanston, Illinois. Soon after establishing a practice in Chicago at the age of 25, in 1888, he married Mary Hubbard. Mary Hubbard was the sister of Elbert Hubbard, the eventual founder of the Roy croft Arts & Crafts colony in East Aurora, N.Y., who was then a partner of John D. Larkin in the Larkin Soap Company. A sis- ter of Mary Heath and Elbert Hubbard, Frances Hubbard was married to John D. Larkin. The Heaths had a total of five children together; Horton, Paul, Evelyn, William T. and Clark. The youngest son, Clark, had the distinction of carrying a familiar middle Fall 2006 WFSmRN NEw YORK HERITAGF- 29 Map showing the location of the Huth House (darker red) at Soldiers Place Circle. NEW CENTURY ATLAS OF GREATER BUFFALO. 1915,. Heath House exterior from the northeast. name -- Wright. The middle name was a tribute to the close friendship that was developed between architect, client and friend. In 1899, the Heath family moved to Buffalo where William became person- nel director at the Larkin Soap Manu- facturing Company. Soon after, he was named an office manager and legal adviser. He then became vice president of the Larkin Company and its sub- sidiary companies including Buffalo Pottery, the Buffalo Leather Company and Greensburg Glass Company. William Heath was an intellectual. He and Mary held weekly readings and discussions of Ralph Waldo Emerson in their home. It is now generally known that Heath was the source of most of the mottoes inscribed in the spandrels and other surfaces of Wright's Larkin Build- ing. For example, "Honest Labor Needs No Master, Simple Justice Needs No slaves." During Heath's 33 -year resi- dence in Buffalo and East Aurora he was prominently identified with many civic movements and institutions. Following his retirement from the Larkin Company, Heath became an executive officer and treasurer of Elmer E. Harris & Co. in Buffalo, a franchisee of the Tidewater Oil Co. better known as Tydol. It was because of Heath's involve- ment in the company that Wright was encouraged to design a series of gas sta- tions for the Tydoi Company. Currently, one of Wright's many concepts of a gas station for Western New York is being built on the site of the Buffalo Trans - portation- Pierce Arrow Museum in downtown Buffalo. (For more information on the Gas Station, see Heritage Summed P411 X 3 Issue) FRRNK LLOYD W +RIq HT Frank Lloyd Wright was already well established in an independent architec- tural practice by the turn of the century, having previously worked under Joseph Lyman Silsbee and the "Father of the A mer i can Skyscraper' — Louis Sullivan. Wrighes Oak Park Office was turning out several impressive residential struc- tures that gained much attention in the world of art and architecture, including the 1901 Ward Willits House in the Chicago suburb of Highland Park and the substantial 1902 Susan Lawrence Dana of Springfield, Illinois. William R. Heath's familiarity of the young architect's work was enhanced, no doubt, by his brother -in -law, Elmer Andrews, who was the general contrac- tor on Wrighes 1902 J.J. Walser House of Chicago. The Walser House is an important predecessor, and some con- sider a fraternal twin, to the 1403 Delta and George Barton House of Buffalo, located on the grounds of Darwin D. Martin's Jewett Avenue Estate. The major project in what Wright biographer Grant Manson has termed the "Buffalo Venture" was the Larkin Administration Building. While it is now debatable how Darwin Martin carne to stumble upon Wright's work, one can assume that Mr. Heath provided some direction. Heath's confidence in Wright was demonstrated when he became the first Western NewYorker to commission Wright to design his residence. The Barton and Heath commissions were built simultaneously under the direction of the same general contractor, O.S. Lang. (The homes share several of the same subcontractors and suppliers including: Walbridge & Co., Akron Shingle and Linden Glass Co. who pro- duced the art -glass windows for both Commissions) As early as August of 1903, cost over- rides of construction at the Heath House put the project in jeopardy. In an excerpt from a letter from Frank Lloyd Wright to his friend and patron Darwin Martin dated the 22nd of August 1903, Wright wrote: Like the Darwin Martin Houst, Wright planned every facet o f the design of the Heath House including furniture art -glass windows and doors and light fixtures. Not only did this add substarr tially to the design integrity of the living KN chvirontnent, it also added much to the overall cost of the commission. Stagger- ing cost and estimates that far exceeded the budgetary allowance of many clients were very common with Frank Lloyd Wright. Getting details promptly to the contractors, so that they could execute Wrighes wishes in a timely fashion, was another frustration for most clients that added to the cost - overages associated with executing a Wright design. Wright had many exTressions to minimize such'short- comings, to paraphrase one, "Luxuries come first, necessities take care of them- selves." Darwin D. Martin, a friend of Heath and one of Wrighles most loyal clients, once reflected on Wrighes habit of overspending his clients' money. He wrote to Wright on December 30th, 1905 and offered him several suggestions to Live by. Tst. Follow the precedent you have already established for yourself In the Unity Church, of building within the appropriation, or approximately, not as In Mr. Heath's case, way beyond, or in my case, way, way beyond. 2nd. Fix your plans. 3rd. Make adequote drawings and specifications. I am aware that you newer agree with me that you have failed on this point,.. but, the stubborn fact remains... 41h. Be punctual. Though the heavens fall, be punctual. Delays of months running Into years are killing, only an unlimited supply of enthusiasm will live down such adverse conditions. (courtesy of the OnlversKy Arohlvas, University at R0010.) As the Heath House commission came to a conclusion, a housewarming party was set for late December of 1904. The society pages were a buzz and the wartaiing became an important social affair: In a letter from the general contractor for the Heath and the Martin commissions, O.S. Lang wrote enthusiastically on December 17,1904: Retirem g skve r Lo oked - So g oo d Perfect for active, independent seniors looking for a carefree lifestyle. Month to Month Rentals include: • Housekeeping and Maintenance • Activities /Cuttural Events - Breakfast & Dinner • Scheduled Transportation • Fitness Roam • All Utilities (except Telephone) - Satellite (Dish) TV � No Entrance Fee Come woine 9 V RGHARDNLtJN lfrtrr Cvn+nurnrtq To schedule your personal tour and dinner, call Linda 662-5544 6055 Armor Duells Road • orchard Park • www.orchardGtenRET.corn LAND BANKING & DEWLOPMENT,, INC* Specializing in the areas of multi - family housing finance and community development, LSD has extensive experience in a wide range of areas, including: ❑ Low- income Housing Tax Credit ❑ Historic Rehabilitation Tax Credit ❑ Brownfield' Tax Credit 0 HUD -FHA programs a state & Local blousing Programs • Brokerage Services • Section 8 Portfolio Reengineering • HUD Mark-To-Market Program • Non - Profit "transactions • Tax - Exempt Bond Financing • Land S /Acquisition I Development /Assemblage For more information, Bail David Fedak, President of LED, at 716- 835 -3382. LBD LAND BANKING & DEVELOPMENT, INC. 105 Kenvilie Road Buffalo, NY 14215 718 -835 -3382 F ail 2,006 WESTERN NEW YORK HERITAGE a) a ..., ..... _WFOLIO, 19' First and second floor plans of the Heath House, Frank Lloyd Wright's response to Lang was indirect. Mr. Wright sent a brief note to Darwin D Martin asking Martin to offer to Lang his apologies. In an excerpt from the letter by Wright to Martin, Wright wrote, the 28th necember 1904: The opening of the Heath House in 1904, prior to the completion of the Martin complex, offered Western New 'York, and indeed the world, a look into Wright's genius on an opulent scale. Most every facet of the home's interior spaces were executed in N rnanner offer- ing the very best in the prairie school style and Arts & Grafts detailing. In Wright's major commissions, he was known to design every object of a home's interior. In this regard, the Heath House was certainly among his grandest. "M Wright's office executed for the Heaths many exquisite details for decorative glass sconces, hanging light fixtures, dining room furniture, built -ins, bedroom sets, library tables, assorted chairs and even a piano design. The completed Heath House was a tour -de -force in Wrighes body. of work. The "Buffalo Venture" of Wright's early career received much of his undivided attention. Other commissions of the same year have been noted to suf- fer as Wright offered his Buffalo clients the very best he was able to "shake out of his sleeve." The Heath commission gave Wright a steady cash flow that entitled the Heath family to a masterwork. The Heath House is built at a larger scale than most of Wright's Oak Park commissions. It is definitely larger than Darwin D. Martins brother's home. The William E. Martin House of Oak Park, built the same year as the Heath House, was known to have not received the same attention offered to the projects of his brother Darwin. The preferential treat- ment is evident from the fact that Darwin Martin kindly shipped the dining rooms furniture meant for the Barton House to his brother William in Oak Park out of concern that William did not get any basic furniture designs for his home and was offered a completed, but empt house. Wright had informed William th he was simply too busy on the Buffi commissions to get to those details, Vertical wall sconce from the Heath H at Taliesin. PATRICK MAHONEY P' THE HOV5 E KOWLETE The long rectangular mass of the house, close to the street, with the main floor raised above the sight lines of passers --by, contains a full basement. It is often cited as a forerunner to Wright's famous 1907 Robie House in Chicago. The red bricks of the Heath House are the same color, size and texture as those used in the Larkin Administration Build- ing. They are probably from the same manufacturer. Like most of the Wright homes of the period, the front door is somewhat con- cealed. It is placed at a right angle to the street in a solid brick wall that adjoins the solid brick massing of the chimney. A secondary front door for the children and servants is harder to find, as it is set into a darker maze -like crevasse deep in the fa ;ade. The front portion of the house contains a veranda with the rear faVade terminating where servant rooms were once located. In 1911, a separate garage and carriage house were joined to the main structure by a covered, but open, walkway to the rear of the home. A 1940s One of a Bair of parallel ceiling lights in the vestibule of the Heath House, approximately six feet long, SHERWIN GRetNrithu rmu i u, e+nv Fall 2006 WESTERN NEW YORK HERITAGE 33 Interior view [coking from the Living Boom through the Hal Into the Dining Room of the Mealn surmounted by a horizontal sequence of Brt -glass windows; the massive oak library table di and the fireside armchair; the wAsmuTM PHHOTO. 9I fixt (one of four corner lamps); vertical wall sconces are visible in the half and In the dining room. remodeling eliminated the opening are created an entrance into a doctor's offic THE INTIRIOR The Heath House is an introspects urban dwelling. The interior is rich detail and subtle in execution. As oz enters, spaces are revealed to be contii ual in nature, fluid and open to of another, with sightlines extending beyot the limits of a single adjoining space. Pe spectives and views merge in all copse utive areas or rooms. The flow of f principal living space, simultaneous extends into the dining room, hallway w veranda. Wright blurs the boundaries o morn by removing walls between spaces that adjoining areas seem to ebb and fl( into the next zone. The connection of the entrance fo; with the higher main floor is subtly rna by the use of a large ceiling medallion wood molding, incorporating twin par lel art -glass lay - lights. As the Mara Martin House is a portrait of the clie so too is the 'William Heath hou Heath was a tall man and a book ION The ceilings, usually quite low Wrighes houses, are high and cornfo able for a tall person. Heath's living ro. "ZA. Cross wall sconce from the Heath House at Taliesin. COPYRIGHT 26D6 THE FRANK LLOYD WRIGHT FOUNDATION, TALIESIN WEST, SCOTrSDALE, AZ JS unique i . I is d es ig!�s as a com- bination living room and library. The fiery heart of the house, and the heart of this magnificent room, is the fireplace with a simple, but monumen- tal, rectangular slab of sandstone. The large dominant rectangle of the fireplace is part of the grammar of the house, on its rectangular site. Wright created a grand balance between the heaviness of the massing of the simple red sandstone fireplace and the intricate delicacy of the bank of art -glass bookcases on the oppo- site wall. One could almost imagine how light flickering from the fire allowed the iridescent opulence of the glass on the bookcase doors to seem to shimmer and dance on the faceted surfaces. Separat- ing these two key elements in the same room was an elongated rectangular library table that anchored the room and repeated the grammar of the house. The long solid table with its multi -post legs mimics the house and site, with the inter- play of horizontal lines and exterior piers that stand out from the corner of the structure. A similar detail is seen in the 40 abstract pattern of the multiple art -glass windows strung above the bookcases. once again, the corners of the pattern resemble the way the pier clusters stand out from the corners of the house. RL EVVIT1ON5 The decades from the mid - 194 0s to early 1960s was a time of much Aux and change to the original design of the Heath House. Exterior changes were plentiful. Walls were removed, altered, lowered and sometimes completely relo- cated. Built -in flower -boxes were elimi nated. The eaves were rebuilt and scaled back. An interestingly designed and detailed copper rainwater receiver at the (continued outage 38) 0 ��_ .. rs 717QTC77( n R C`.HAR D PARK HAMBURG REAL E51ArE & INSURANCE Fall 2006 WESTERN NEW YORX HERITAGE 35 one of a series of five extant horizontal art -glass windows 9li h f ormer o asa a rea 2006 the Heath House. NOBODY KN O WS BUFFALO LIKE WE KNOW ISUi .VF*LU: ReatEstate&l - to u ran ce ..After more than 140 years In b in Buffalo and and commercial properNcs in Buffalo and throughout 560 Delaware Ave„ Suite loo Buffalo New York 14142 the Western New York area, it's more than lust a slogan Western New York. Ph. 716. 849.1234 [',limey, fSecker & Bourne is a full- service Rest Estate and Insurance firm founded in 1864. since out origin, Out Sa str d Is attributed to l n d , e are i knowledge- F 7 16 -84 9 , 040 7 al: 8 b@pcc net the firm has been prominently associated with the able sates personnel who understand, a involved with W biite www Bbboume.com development, sole and leasing of significant residential and live in the community they serve. (cmtinued )ons page 35) top of each corner pier has completely disappeared. A large picture window was clumsilyout into the south far,adc. A few 38 other windows were added in the former servant's apartment, changing the rhythm of the Wright- designed con- necting window elements, Two distinct buildings — the 1404 Heath House and its 1911 Wright- designed Carriage House & Stables --were joined together, forever aitering the designer's intention and the look of the fa5ade. Interior "modernizing" included the lightening of the interior trim and wood- work of the entire home. Rooms that once reflected a palette of warm autumn hues were painted a stark white. Many original furnishings were removed dur- ing this time period and sold. Some bed- room furniture was dispersed at a garage sale. Other decorative objects were donated to the Goodwill. The removal of the bank of Wright - designed book- cases and art -glass doors from the library/living room for the aforemen- tioned picture window was an unfortu- nate change that occurred during this time period. A minor fire in the late 1940,5 resulted in the destruction of sev- eral priceless art -glass windows and forced an alteration to a few bedrooms, as well as the dining room. In the early 1960s, recently widowed Olgivanna Wright, Frank Lloyd Wright's third wife, accepted the dona- tion of several Heath House decorative elements at Taliesin. This donation included approximately one dozen wall sconces, three hanging art -glass fixtures and up to three pairs of art -glass win- dows and doors. The Taliesin collection of Heath House artifacts is second only to the Martin House collection of Heath House artifacts. The Martin House Restoration Corporation now owns the complete dining room set from the Heath House including the tabl' a buffet and a formerly built °i cabinet complete with three in glass doors. A few other Heatl artifacts are now in private coils The prominently photo library table is still in exist Hawaii. Even though it has bees and cut into two end tables, it sti restored. A side chair that wo from the Roycroft a few ye remains missing. An oak livir armchair fared much better and at a December 2003 Christie's A New York for a record 1189,625. Certainly, because of the access several of these original objects in collections, it would be possible duce the missing Wright design and return them to a completely Heath House. The second floor stair hall, with a massive rectangular banister and prominent corner piers and a completo S el oT F GREENBERG'Pl�OTO, z - windows, is a major Intact Wright design. THE HOV5;F- TOLRY: 19rl EXHOURTI011 What still remains at the Heath House are some of the best spaces and most complex window designs of Wright's career, The Heath windows have a unique significance. For the first time in Wright's career, he created a harmo- nious, horizontal composition of a con- tinuous principal pattern that extended across several planes, Wbile Wright did create a connecting window design com- position in the 1900 B. Harley Bradley House of Kankakee, Illinois, those win- dows had a vertical element, whereas the Heath House windows emphasize the horizontal and stretch across as many as FRANK LLOYD WRIGHT'S RAYCII� r, Najor restoration Now in Progress DAILY GUIDED TOURS By Reservation Only a Standard TOM S l0 716 -947 -9217 20 mins. South of Buffalo on the Cliffs of Lake Erie 6472 Old Lake Shore Road, Derby NY VISIT THE PAVILION GIFT SHOP Wright Books o Jewelry • Decor Ask about Sat. fn depth "ArehlteC#uri) 7aur" and discount joint -ticket offer for Cmycliff& Martin 90"0 Tours Ther,rayd1((T*er5ema,'7 s jhj EL?j& p=4presenteebyM &T Bank Fall 2006 WESTERN NEW YORK MjUTAGF 3 THE HAIURA1 MOUSE The original dining room table from the Heath House is in the collection of the Martin House Restoration Corporatlon. COURTESY OF THE UNIVERSITY ARCHIVES, STATE UNIVERSITY OF NEW YORK AT BUFFALO THE UNJUS Of ARMIR THE OCAUTY Of NATURE Hanging Lamp from the Heath House at Taliesin. COPYRIGHT 20W THE FRANK LLOYD WRIGHT FOUNDATION, TALIESIN WEST, SCOTTSDALE, AZ six window sashes and then continue around a corner to include even more windows that are intercon- nected. The master bedroom had a total of 10 win- dows creating one continuous composition. The master bedroom windows disappeared from the house in the early I960s and have not yet been found. Fortunately, two rear bedrooms have the same pat- tern, Reproductions can someday be installed to restore this important feature that once faced the parkway circle. The current owner of the Heath House, the longest owner of the home in its long history, has never sold any Wright - designed objects or windows from the home and has lovingly stew- arded the house since taking ownership in the 1960s. Maintenance of the house is a continual and formidable respon- sibility. Of the more than 40 original windows, doors and skylights that still exist, many are in need of immediate repairs. Repair estimates run as high as $5,000 per window. Ideally, the windows should remain in situ with the house as Wright intended. (ron tin urdon page 42) One of the oak living room armchairs designed fa[ the Heath House IN A PRIVATE COLLECTION 'f Art -glass from a pair of Heath House bookcase doors was installed in Tallesin, Spring Green, Wl. PATRICK MAHONEY PHOTO The china cabinet was built Into a recess between two sets of extant art -glass doors in the dining room. One set is pictured here. SHERWIN GREENBERG PHOTO. 2006 The original dining room china cabinet from the Heath House is owned by the Darwin Martin Restoration Corporation. COURTESY OF THE UNIVERSITY ARCHIVES, STATE UNIVERSITY OF NEW YOFIK AT BUFFALO (rontinuedfrom page 40) For this reason alone, the expense of preserving the art -glass windows, the future of the house seems uncertain. In a joint effort with the owner of the Heath. House, a nonprofit Friends of the Heath Mouse volunteer organization is being formed to help with future preser- vation efforts. At this time, the Heath House will remain in sympathetic private hands. The Mission of the Friends group, which is being formed by some of the same founding members of the Graycliff Conservancy, is to help protect the design elements of the Heath H for future generations. Someday, in the far and distant future, it may be possible that this outstanding masterwork could be operated as a house museum, thins creat- ing in Western New York the largest 1 w concentration of Wright Masterworks open to the public. Until that day, per- haps years from now, it will be important to preserve those elements that remain. To this end, the current owners must bE commended for the excellent attentior they pay to the house. It does remain it good hands. The sideboard from the Heath House dining room is also in the collection or ine iviai LJ- I I Restoration Corporation. cOURTESY OF THE UNIVERSITY ARCHIVES, STATE UNIVERSITY OF NEW YORK AT BUFFALO Upstairs study. Solid oak sliding pocket doors at the head of the stair halt open io rvvc 1 al radiators e concealed beneath a fireplace, A stunning sequence of horizontally unified art -glass windows wraps around three walls. Built ain radiators are REENBERG PHOTO. N window ledge On the surface of the lame medina sandstone fireplace the following anony- mous quotation, undoubtedly chosen by William Heath, is incised: The Beauty of the House is Order The Blessing of the House is C ontentment The Glory of the House is H o s pitality The Crown of the Douse is Godliness A true "Blessing" would be the com- munity embracing this masterwork, as it has the Martin House and the Graycliff NQVEMBER 11, 2006 to JANUARY 8, 2007 Fall 2006 wFSURN NON Yoruc HF-R'TAOE 43 Fli,qi my BE PT. 15 - OCT. 1, 2006 A timeless musical classic and the story of forbidden love. TMAR� MARY'S ING OCTOBER 7 -15, 2006 The wedding event of the year returns. A hysterical celebration! iimkiKslit OCTOBER 26 -29, 2006 The perfect horror masterpiece to celebrate Halloween. e NOV. 17-DEC. 10, 2006 A Christmas tale about a trusting friendship and a little girl's belief In Santa Claus. 3 OCTOBER 6-15,2006 E The whimsical cadence of Dr, Suess comes to life, with an appearance by the Grinch. bl' OCTOBER 19 -22, 2006 Diabolic seduction and terror converge In this saga of suspense and triumph. EN NOVEMBER 2 -5, 2006 A drop -dead funny Irish wake dinnertheaterl �t � ° 1 MEINOEE DECEMBER 2 -17, 2006 This "do not miss "heartwarming Christmas Classic returns to Lancaster. This Holiday Season the Vittage of Lancaster will be transformed into... A single window of the pendant diamond design is seen at the rear entrance of the William R. Heath House. SHERWIN GREENBERG PHOTO 2 006 Featuring Original AM&A's Animated Window Displays Extended hours for shopping with Village Merchants & Restaurants Holiday Concerts and Daily Events, Shows and Vis from San Estate, and sharing the 'Calory" of the house with the world. Until, that day, those who recognize the importance of this work of art must act to protect its integrity for future generations. The Heath House is indeed among the finest of the prairie period designs. It is one of the "Crown' jewels in our regions architectural heritage. Its real "Beauty, indeed, is its order. 9 141 Joseph A. Blatt, a local Wright historian and founding member of the GraycliffConservancy, has lectured extensively on Frank L10yd Wright. He has curated two museum, shows on the decorative designs of Wright. He has been giving tours of the Darwin Martin House. since 1987. Crarrently, he is working with the owner of the Heath House to estab- lish a nonprofit group dedicated to preserving the house's artifacts. Where Wouldyqu bro111/S1'ng 1han oot here, 444t independent& idiosyncratic Since 1971 837= -8554 - . 1384 -9524 3158 MAIN 951 ELMWOOD BUFFALO AT BIDWELL To complete the doeurrentation of Wright's variations on the pendant dlamona rr QUI u ' — House and the s art-glass WO Show a pair of floor-length of he Heath House which are now ow installed l F at Ta[ esin.od between hall PAT€ IGK MAHONEY PHOTO Form LS -1 Page 1 of 3 Application for Landmark/Landmark Site. The "Davidson House" located at 57 Tillinghast Place Buffalo, New York Buffalo Preservation Board 901 City Hall Buffalo, New York 14202 Telephone: (716) 851 -5029 Fax: (716) 851 -4388 Instructions to Applicant: The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete: a) Three (3) copies of this application; b) One complete set of quality photographs, (Preferably 8" x 10 "), of all exterior elevations of the building. Interior photographs may also be submitted, c) A site plan, map or survey that indicates in sufficient details what building /properties are being proposed for designation; d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result in an incomplete application and delay the review process: **** check in the amount of $500.00 made out to the City of Buffalo Preservation Board must be submitted at time of application for non -owner occupied structureslsites. Please provide the following on the property for which landmark consideration Is requested. 1, Address of Site 57 Tillinghast Pla 2. Name of Property (if any) Known me the "Da ids Ho 3. dame of Present Owner Owner Address City Zip Contact person Note: If property is in multiple ownership, list the namesiaddresses of other persons having legal or equitable Interest in property: 4. Has the owner, if other than applicant, been contacted? Yes X No If yes, is owner in favor of landmark designation? Yes , No _,;K __ If yes, submit a signed statementlaffidavit by owner supporting Designation. 5. Present use of property ftsidential 6. Year of Construction 1908 Information Source Q uffa - IQ ATJftMM 8 2UAd- 7. Architect Frank Ug d Information Source Bu o ArChite Qj id® 8. Is property endangered? Yes _ No If yes, explain: NIA 9. Please describe the architectural, historical, geographical and cultural significance of this landmark and /or landmark site. Attach additional pages if necessary. Please indicate the sources of information. (See attached pages) 10. Please attach any additional material which might be useful in considering the site for landmark designation, i.e.; newspaper clippings, magazine articles, photographs, etc. Please list below, which of these materials you would like returned. If you would like to present additional materials at a meeting of the Preservation Board, please indicate nature of such materials. (see attached pages) 11. Name of Applicant Buffalo Preservation Board Address 901 Citv Hall City Buffalo Zip 14202 Phone 716 851 -5029 I hereby certify that the information contained herein is true and correct to the best of my knowledge. Signature of Applicant John Laping, Acting Chair, Buffalo Preservation Board Description and Significance The Davidson House is described as a two -story wood and stucco residence designed by architect Frank Lloyd Wright built in 1908 in the Prairie Style. Through the turn of the century, Wright's distinctively personal style was evolving, and his work in these years foreshadowed his so- called "prairie style," a term deriving from the publication in 1901 of "A Home in a Prairie Town" which he designed for the Ladles' Nome Joumal. Prairie houses were characterized by low, horizontal lines that were meant to blend with the flat landscape around them. Typically, these structures were built around a central chimney, consisted of broad open spaces instead of strictly defined rooms, and deliberately blurred the distinction between interior space and the surrounding terrain. The Davidson House was commissioned and built by Walter Davidson in 1908. Davison came to Buffalo to join the Larkin Company as an executive in 1908. The Frank Lloyd Wright - designed Barton, Heath, and Martin Houses had all been built for executives of the Larkin Company. The two -story stucco house carries many prairie -style features, including a broad, flat chimney over a low - pitched, hipped roof, and wide soffits under projecting eaves that shelter clear leaded glass windows. The ground- hugging, horizontally spreading, tightly interknit cross -axial configuration presents itself as a three - dimensional entity with no primary elevation. The secluded main entrance at the front of the house was typical Wright, as was the low entryway. In these respects, the design is similar to two other existing Frank Lloyd Wright houses, the 1908 Isabel Roberts House in River Forest, Illinois, and the 1909 Frank Baker House in Wilmette, Illinois. The Davidson House is located near the middle of the residential street, Tillinghast Place, located in the Parkside National Register of Historic Places District. Famed architectural historian Henry Russell Hitchcock described the Davidson House as "the finest Wright house in Buffalo is of wood rather than masonry and has therefore.a lightness and articulation which the others lack. The cross - shaped plan is here more boldly developed so that the chief rooms have three exposures, while the two -story living room has the height so frequently lacking in Wright's interiors." Interior Description One enters a two -story living room with cathedral ceiling and a wall of diamond - shaped leaded glass windows rising from low cabinets to the ceiling. This is one of Wright's "Tall Living Room" homes where the art glass windows are 1 112 stories high. The living room was directed to the side of the house, giving a view of the surrounding woods, although when a home was built on the lot next door quite close to the lot line, the view was lost. To the west of the living room, the house divides into two stories that are in turn divided into multiple floor levels. According to Buffalo Architecture: A Guide, "Spatial grandeur is cleverly played off against intimacy, while even the smallest of spaces is opened up through Wright's use of banded window sequences." Criteria for Desiq.n.ation In accordance with Section 337 -15 of Buffalo Charter, the Preservation Board shall, upon such investigation as it deems necessary, make a determination as to whether a proposed landmark, landmark site or historic district meets one or more of the criteria identified in the Charter_ The "Davidson House" located at 57 Tillinghast Place meets the following criteria: (1) It has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. The "Davidson House" located at 57 Tillinghast Place was built during the period of Frank Lloyd Wright's activity in the Buffalo area. Wright's "Buffalo years" began in 1 903 when Wright designed the Larkin Soap Company Administration Building on Seneca Street. He designed the Prairie -style Darwin Martin house for a Larkin Company executive. The adjacent George Barton house was designed for Martin's sister and her husband. He designed a house for William R. Heath, a lawyer and Larkin company executive who was company president John Larkin's brother-in law. The Walter Davidson house was designed for another Larkin executive. Wright also designed Graycliff in 1926, the Isabelle and Darwin Martin summerhouse at Lake Erie in Derby, south of Buffalo. (4) It is identified with a person or persons who significantly contributed to the development of the city, state or nation. The "Davidson House" located at 57 Tillinghast Place is identified with Walter Davidson, a Larkin Company executive, who commissioned the house and was its first owner. 5) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials. The "Davidson House" located at 57 Tillinghast Place was designed in the Prairie Style. The Prarie style is marked by horizontal lines, flat or hipped roofs with broad . overhanging eaves, windows grouped in horizontal bands, integration with the landscape, solid construction, craftsmanship, and discipline in the use of ornament. (6) It is the work of a master builder, engineer, designer, architect or landscape architect whose individual work has influenced the development of the city, state or nation. The "Heath House" located at 76 Soldiers Place was designed by master architect Frank Lloyd Wright, who is a nationally and internationally recognized designer. (7) It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant. The design, detailing, and materials of the "Davidson House" located at 57 Tillinghast Place embodies the "Prairie Style ", the architectural style originated by Frank Lloyd Wright. Additionally, the "Davidson House" located at 57 Tillinghast Place has sufficient integrity of location, design, materials and workmanship to make it worthy of preservation. Bibliography Banham, Reyner, et. al. Buffalo Architecture: A Guide Cambridge, MA: MIT Press, 1 581. Mahoney, Patrick. Tour Script: the Walter Davidson House. McAlester, Virginia & Lee. A Field Guide to American Houses New York, New York: Alfred A. Knopf, Inc., 1984, I FROM THE CITY CLERK June 23, 2009 r No. Liquor License Applications Attached hereto are communications from persons applying; for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 84 Reiman St 382 Abbott Road 88 W. Chippewa RECEIVED AND FILED Business Name Zirpola's Bar & Grill 382 Abbott Road Croc Bar Incorporated Owner's Name Tiffany Zirpola Daniel Conlon Croc Bar Inc June 23, 2009 OF JOSEPH M. AUGUSTINE Attorney and Counsellor at Law Suite 1608 - Statler Towers Buffalo, New York 14202 T FI. EPHONG: (716) 853 -6200 June 10, 2009 Via Certified Mail -Return Receipt City Clerk of Buffalo Buffalo City Hall Buffalo, NY 14202 RE: 84 Reiman Street, Buffalo, NY 14206 Dear Sir /Madam: FAX: (716) 854 -2807 Please be advised that an application will be made with the New York State Liquor Authority for an "unlicensed" consumption of beer, wine and liquor at the above captioned premises, which is presently licensed to R.R. Rosinski, Inc., d/b /a Rooftops Bar & Grill, under New York License Serial Number 3004820. The application will be made by Zirpola's Bar & Grill, Inc. and the President and sole stock holder is Tiffany Zirpola. Should you require any further information, please contact the undersigned. Very truly yours, 4 EP6M. A.UGUSTINE, ESQ. JMA/tmh C'�f 1308 City Half 65 Niagara Square Buffalo, NY 14202 April 30, 2009 7o the City Clerk: I am writing this letter to inform you that I am applying for a liquor license to be used at 382 Abbott Road, Buffalo, NY. My intention is to open an Irish bar and grill. I look forward to doing business in your community. if you have any questions, please contact me at 348 -0225. Thank you. Sincerely, Daniel Conlon h I 0 6- Nnr 6g#Z E..� o-, M837) All) d�`�1,4 I T LC F fyf Prar :din; SranUurd.tef a r STATCOFNEW VORK raw sr - a � (' L' X ECiI TI V E DE rA RTM ENT Lfysw. A. l ass DIVISION OF ALCOHOLIC SEVERACECONTRW. If.lt E' Y STATE LIQQOR AUTHORITY for I 5 } S 6 7 9. 9. Date U,e Original Copy of thi. Notice was M*Itcd to the L4eal Municipality or Ca(4munity [lased: TFEJ9 3 E')AY NOTICE IS BEING MAI,LF. TO you OWING LCICAL MUNIC1PALM, OR CQMMI, 0 OP r+ems Etlh, ord MuniC,palily or Community "aged { Steel of Local Hunicip•lity or Community El card. 1V {A A NY Z'sp Code .47 C,ty- To+ , or Village. C (; yct nr rpho Numtxr of Clerk of Local Municipality of Community B 4 oard: ; J ATTORN Vy REPR,E5ENTiNO Tli£ APPLICANT IN CONNECTION "11T11-41 THE APPLICANT'3 ()PJO1NAL IFIRST) ON-PREMISES ALCONQUC DEVERAOE L4CENSV APPLICATION FOR TFf& £.STABL38HMrNT IDENTIFIED IN THIS NOTICE .�I k hS fL- Altofnry'+ Slrrrt Addil N Zip Code: City, Town, or ViFlagt: C � gjay} r Du.inns T ;Ifphonc Number of Attorrsey: [HE!1PPU ► 1tljLL ihG6 hN.:QRlOt2 tF] T7.APP tb r R ;+V+ air T > s l !4i�e �#aL1 �ubw U4 ago t0 coNr3Lfcr urrrfil r T�I�.I��t eL� g1A�US > r1T tyrK �`Ynit t�P I GI N r0 Tylirlrl of Alcohol io b[ +old under the Lieensr ('X' Qnil'- L Only u ..... •... M -_- ' L J - - P•lio free►t.nding of QeCL1 Carr red StIV Cture ❑ L.1rnl of fie ttaur•nk i5ale of Food L1 7*v[rn -Rests ur not ;A n +iArd -u a. rrtwhtiehmeni that both sit -dawn dining area and a °atand•up' bar (9,r� 'c"rrn / Coekf all Wungc 1 Adufr V-1- 1.K. 1 Flan f tohol *glee prine"y ' --to 1 <1 1 7 Faad Srrv�cr ' Prim*tgy: F uil Food Menu; has * direct deliverieo of Ocahol) mini-v— I ..stability rcqu,r rmrni. u I .X• 4 1 Kitchen run by Chet) where unna mx ectidt Pa Y r ^� --„„�_ 7 7 y Pr ar Ec Wbhar „rsr n: ❑ ISm Jukr f atron D ❑ Cabaret. Night CLut+, Dircorhrqur f ar P v n. Hotel Mua Jorkey IL..� =11 Doa JI Sca lel [Large Scale Danct club u Li [3cd b Catering Sugs To Fie.. Other ©mod g O 1'X'.11 Club [ g- Gnlf! ,nu aov�yl Fr •tern) O +( -1 Li nrr*kf*si Fa a7hy Shnaa ❑ Fnit rtainment 19 PenfYl� I } - -- Pruyo.ed 1 •f None l��'/II Rur -'RoF ❑ P•lio free►t.nding of QeCL1 Carr red StIV Cture ❑ Gau'dsn / ❑ 4raund. Other fS0*CWyI; 0u1d UOr A: u F H used OaYS ,utd Huun IgPlgllS ►�Ot? pH AAf� 'padnaFd ell y ;fl wl1 Ff 7.�W11llY 4 g A „ o ....,L.�'"' ^`�1 ! Lf . 0• �],�y/y 1 . ^,. + -.i— 7r...' ��nAfl 1 �. of Oy.._ll un ICamplr lr aU: re ; � A>a M ra Ll . Ari QP7,f ro _.. � - _r P!! TO ,- f P epe Tel L TO — cnctr ArA or 1'ttl - -g'1 -== i 5 wJl the prapoaed Ue_.e "Older or * M.nagrr be phy.ically prearnt within the tstsblishmrnr during AU Hour* of OPerallon 1')r CLEW: 14 51 is 19 yu 11 2'7 2} 7+ ApphC+nnn Stnal Number: I j"•'Fi ad (R►F Yoe Applic*n1 Full Narne, at it appear* In the *pplle•tion for the an- Premists AlcohoUe lle�e(age Lleea+e, Is: The FuU Name of Cite propo lrop —ird ValAb FatsbUslhm Tra Name rAnducabuainess) _�. Thr yr n. o.rG Licensed Etta Liir:'vrntnt b l�.:eC �iShtn t•y the building Which h.. the following . street addr[a.: 11"111 A To [._1'l"J ❑ Nt L4 Ny -. I .. Zip Code: cuy. ;own. n villelp 1 t"'iAL - Th. Dsopa.rd Uc[n.rd Esubliahmcnr ,. br iac•[rd on the followi noar of lht building At the *ba address- I"17 �.,nd/L.- W sad Licensed Eat *btishmrnt wtU be loc*ICd within the roam[al numbered as follow.; Qm0�5'g” A wnhm the building at it above address, the props p Uu.�ncas Tele pho nc Number of the Applicant: t7 2 P + if 'YES'. SKIP III Na 25 - 48. 11 'NO', ANSWER items No. 4S"29 Dor. Applicant o.rn the building in Go I. 'it No. 79; Than eontinue to ftem NO 19, which the propoa;d Licensed (� NO _ and eompie tr the form. E.ubGsnm[m •,ill b. loc ated7 I'x" 411 Yes LJ and compute the litl O"ER OF ThV BUILDINO IN WHICH THE PROPOUED UCWSED ESTAPUS"MENT WILL BE LOCATED 75 26 I7 7� !Building Owner's Full Name is. S C (('��_ (]wilding Qwnrr'r Street Addrrar. ,.�,,C-�(j"1,�, .) � �✓ * `""' Yip Code Ctty, lo+n, or VlUage: `` 4 B___ T <Irphone Number al lSu iFdin( Owntr: U kilo Cl — 4 maCivC i w - y� SrrrnJ,r.dfrtJ far STATE C)i - f+e NEW Y00.1( ORI APPLICATIO N0 FO RM L?cECGT1vE OEPARTMEN7 34 - Day Advance Notice ra a Local Municipality a ommunity Aosrd I blvlStGNOfAL CONOL[CBEVERAGECONT901. i.rnrwrCilcoi Ilk Nrrrvb .r.LrMr+rrorAtSrwrLtyw+Arr�rcrya /fir A li - a t STATE LlOUpR AUTI[OR1TY i (pads 1. 119 OR.DZR TO INSUR4 THAT PAGES I AND 7 OF YOUR 440-106 ARE NOT stPARAT66 OR MISPLAC &D, Pt,F - ASE RE - ENTER iMM EDIATLLY BELOW THE INFORMATION REOARDCNQ YOUR APPLICATION SERLAL NUMBER, NAME, AND TRADE NAME YOUR COURT8SIE3 ARE APPkFCIATED The Appl,C,sm's Fulf Name. as it appears in the application WW for lhr On•Prcmisca Alcoholic Beverage Uerrigc, is: CROC P_ I U The full Namr of the proposed licensed Establishment Ithe Trade Name under which the proposed Licensed Establishment wlll Conduct bu.invael is: i INFORMA'nON RVOAR.D[NO THE ALCOHOLIC f31EVXR,AOS 1�Qt#'y' R!ic XTLC 1liCTiri YOR THE APPUCAN rs PROP'QBPh L10EI sib IrSTABb Ifn. a busi peas involving the licenscd om prrm,scs sale and /or Consumption If '71L9`, ANSWER Itci No. 30 -41, ff'NO', SKIP item. NO 30- 79 cf alcoholic UcveraQes Y and complete the Complete the 3 rntnes CS I aver been conducted , .iLhin the IIL JJJ 5 entries al Hem No. 42. NO E] at Item No. 47. Proposed Lietnacd Fstabllshmcn17 PROVIDK Tli& FouowiTt4 tNYOF1liSATj,0�1 i - r.• -,. �? t{ s i ¢ oyyc Y'clgi�wS 9.110A.1146 efi q aP RATXDj GNDZR T IZ AL.CQHbLIC Ul4v A(JjtLUCEN9E lW6 ILC F..f'f LT [�[ tt'PCIR T� APPi1 ]" 'ftb� >t [ CeN�IkI3lv9`#ICi llB�lul tf7• )0 TvprUr of Alcohol wid under the most recent Liccnac Ichec4 one): peer Ordy Wine and Bce Only I VT liquor, Wine. end ©c t: ant of Rr t urant IS ajC of Food ❑ T Rea t. or .nt A mLAed• I use acts bllahment that Tavern I Ca 43ai1 lounpr / Adds vcr )I rood 5crtin1 t•n,x.a rd Flr}I Fvod F[r nu. has iwih a sif wn d.ning afire end a "stand -up" boa [far fAleohat sales prim arily -do rnrrw 1'X' gns) K ,, by Chen wh�er�e / p•lro— may receive direct deliveries of efcuholl minimum food ay.11abUay require mr, k , T's. of .col el 1 +1f L,�r O,aL I X JuLr ❑ Pv Iron O.nerr,, [D Cabaret, Night Clua, Ri.eorhequr C.pacity for t r.+ t ,[ Jnci ry 1 € V F f [7p• 's-1) Scrlel 1L+rgc scale Dr nee Ctubf ❑ a, ... r p. vo ,'X' .0 ❑ Cluh fc.`- Core y ❑ lied d ❑ Garcons ❑ St.ae � T"i". ❑ Gther ",, •PI„H Fraeern.2 Or /.l Eire.lrfo Faeilily Shows Entertainment ISptcrfy}: 13 r,cc A . ❑ Nanr ❑ RouFl alto ' { Fraenanding ❑ Garden / El 0.0001 Our up or D,, a Govicecd 5trveh+re 0_ dr iSpeNfyl: A 14r v,n1" �Jl.aA1'' �laalZaY 9fr�.A2 d.r .LtMi],dAS iCtiltal C/Sffcl #S tYlILAJ U•y. and Nourr //�,•�� j 0 aprr•ban Ar.r� 4.00 '! Ct? A).1 Ar [7!d AN k 4• ;OO A Pit + . 4 (�,� / u�) �� ,Q � �a•IIV•� IC' r a rnplace .9. ro ��/� ED © ro TO ro ro To rd ..��_� r3c A PAE `,O _ w 1.e YH µl..ryH _ Ld l4 WPit! i .l �Q N ; �_i .r•v.r1PM i V �� * L6 i.r/ - war he lor.ncr License bolder ar a td onager physic. tly —1-1 present YF_3 a NO OOn7 KNOW lun the n m tebiishent dunng All Hour. of O perataun7 1 •X• "W: lG Se net Number of Ihr oo- premis ]r es aoholic beverage lictnac mast .r •nrs .., vrd for the Apph —Co proposed Llean.ad Establishment' 7 E:. p,r•t,an dale of the on premise alcoholic Cr ve raga license marl rtt dy Q - •_ i.surd for [hc Applican!•a prapo.ed Ism —d Lstahil.hmc nt_ l T1 r ,....,. I-- 4iunec tioldtr'. Full N•mc, .. set fnrzh on �y �'y )h ,hr on P +cmnc. alcoholic br..trapr license most rr c[n Uy ` A�t../ r.�rd for Ihr Apph, l•. propa,ed Licensed Establishment-; `�+ �-L ✓ \ To f, er o1 the moat rrcene licrnrrd a al.blishrricni fTrada Name) )7 . rr fort], on the un- prtmi.ea .leaholie brveray. license mw1 rrrrnU, .i. Vrd for the Applic.ntl proposed Licensed C*i.bh%hmrn4:: I. the Applic—C. proposed Establishment If 'YES'. ANSWER item No. 4 I. It '?40*, SKIP iltrrr No 4 t currently open and being operaied ,0 Of the mo.1 recently iswtd YeS and eom ie to the Zen Vies O and coat plc ee the 3 enters O ,nr r,crn.r hoidn ILI on.p br.rragc hc,n.e7 f - X' Qpw: a flem No. 47, NO at Item na •7 nl nr,. Trlephoac r +.rrnb.rr of the license holder of the mwt recently invtd % C O I ikansc for the Apt, icisma proposed Licensed Ysubtishmrnt: �"' 3 3 I hold the Llccnu or am s "- flpal o[ the [ documer?[s t�l h.alra bCe ri llrt6ipl I undrhlaix4`tltit frpfraen�;�,tfOni =. Aulhariry ouy tc.u3E In trlosyifono�t)t.'t !! Ith ttpf!acal't$ona roads in �t�� Zr+ lrTae. I I. l i-M 3G--Oct CONSULTING ALCOHOL MANAGEMENT � CHESTER A MENKIENA, OWNER e PO BOX 241 of BUFFALO, NY 14225 DQA: C'2ac6&l�64FI`HL - Please be advised that the PREMISES C2OC QAQ- L.,c c [ �� located at gir Vj G6&P.sA St F=F fA C gSEE J y a »,r rtso.•+ e v "A Wd Is applying to the New York State Liquor Authorit y a l uor License O ��,�, -9 to sell Liquor Beer Wine for On Premises consumption. CONSULTING ALCOHOL MANAGEIVI Is giving written notification of the facts listed above. Also, attached Is Section F (Notice to Municipality). Any question contact Chester A. Mankiena, CONSULTING ALCOHOL MANAGEMENT at the above address or call (715) 532 -6903. tjej 0 (2 H� S S L {�.{ e2 L Sz CHESTER A. MENKIENA/OWNER Fr -AL- C., t cl-c-R-Ic 6.5 N . ^5 A&-A CI` 4 tAAL -`.-. (3,4FFAL° i4 z C�Z. Letter to Municipality lk 6 1 No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor /Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks- X Police- Tabitha R. Pitts Fire- Corporation Counsel- Community Services- Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. June 23, 2009 f� SINGLE P AGE COMMUNICATION TO °THE COMMON COUNCIL, TO: THE COMMON COUNCIL FROM: DEPARTMENT DIVISION: DATE 9 POLICE SUBJECT: heave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) 1: Item No. Ex. ( Item No. xxx, C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE I31 _,OW PO Tabitha Pitts assigned to the E- District has been granted a Personal leave of absence without Pay for the period of 30 clays commencing June 7, 2009 through July 7, 2009, I IMG /tIo TYPIi DF-TARTMENT HEAD NAME:: II. McCarth Gipson `TYPI TITLE: SIGNATURE OF DEPARTMENT IJEAf� P -12e DATE: C, V e ( -- NAME ,� v � - SSN: M - 000 _,/ * * LAST FOUR (4) DIGITS ONLY ** RANK: UNIT: / EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ MEDICAL ❑ FAMILY MEDICAL ❑ MILITARY ❑ PERSONAL • THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE. FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL DATES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: EMPLOYEE SIGNATURE APPROVED/ DENIED APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL E UIPM f NT f a �C, ICE INSPECTOR DATE APPROVED I DENIED 1 APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT 0 POLICE CO MISSI ER . DATE CC: ORIGINAL -- ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL EXPLANATION OF LEAVE: No. Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council. Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. June 23, 2009 44 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment effective: in the Department of Division of to the Position. of June 3, 2009 Common Council South District Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) 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 $ $10.00 LAST JOB TITLE NAME Kaitlin Krug - -'. LAST DEPARTMENT DATE ADDRESS 43 Ward Ct LAST SALARY CITY & ZIP Buffalo, NY 14220- . LAST 4 DIGITS OF SSN. XXX -XX -7622 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 10102001 TITLE CODE NO 1775 BUDGET ACCT. OBJ, PROD. ID PERSONNEL REQ. NO 4972 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY Gerald Chwalinski City Clerk JunV, 15, 2003 Jd ORIGINAL + 2 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEI fSI r _ 114 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointment(s) or prometion(s). I further certify that the person(s) named in Schedule "A" have been testified or approved by the lluman Resources /Civil Service for the Appointment Fffective: in the Department of Division of to the Position of July 1, 2009 Common Council Fitlmore District Intern V Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNCLASSIFIED Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FIAT (Enter Starting Salary) : Starting Salary of $ $8.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Anastasia Tielman DATE ADDRESS 65 Ketchum PL CITY & ZIP Buffalo, NY 14,213 LAST 4 DIGITS OF SSN. XXX -XX -3182 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 10102001 TITLE CODE NO 1774 BUDGET ACCT. OBJ. PROJ. ID PERSONNEL REQ. NO 4973 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: June 15, 2003 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK tON /BEFORE APPOINTMENT DATE1 OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- - DIVISION #8 EMPLOYEE {S) r � s A,0 nAt �� ; At No. Appointments - Temporary, Provisional or Permanent 1 transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL, SERVICE. June 23, 2009 -'L 113 (Rev 1 -02) L `l Iii - 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 tiutfalo, 1 transmit this certification ot' appointment(s) or promotion(s). I furthur ccrtify that the person(s) named in Schedule "11" have been certified or approved by the Human Resources /Civil Servic for the Appointment } i eetive: June 8, 2005 in the Department of Economic Development, Permit and inspection Services Division of Inspections to the Position of Sr. Typist Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM jEnter Starting Salary) : Starting Salary of $30,270 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Christopher P. Hawley DATE ADDRESS 15 Plymouth Ave CITY & ZIP Buffalo, NY 14201 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 16550001 TITLE CODE NO 0220 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -122 SALARY RANGE OF POSITION $30,270 - $33,540 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: ,lames Comerford, Jr. TITLE OF APPOINTING. AUTHORITY: Deputy Commissioner DATE. dune 3, 2009 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL } 3 t;UN1E5 1 U: LA I Y i;LtKK IUN/MtVWK HY F VIIV I MLtV I WA f c) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESJCIVIL „ SERUICIM ” #7- BUDGET #8- DEPARTMENT #9- DIVISION #to EMPLOYEELSI NON- OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS June 23, 2009 Q004 � F 1 BUFFALO ECONOMIC RENAISSANCE 4gRPORATIQN June 15, 2009 VIA HAND DELIVERY Michael I Locurto Delaware District Council Member 65 Niagara Square, 1405 City Hall Buffalo, NewYork 14202 Record Request Dear Mr. Locurto: THS HUN. BYRON W. BRAWN CHAIRMAN Thank you for your correspondence dated June 4, 2009 ( "June 4 Correspondence ") wherein you request access to "a report concerning [Buffalo Economic Renaissance Corporation's] involvement in the One Sunset matter. " The memorandum you requested has been turned over to the City's Comptroller in connection with the Department of Audit and Control's audit of BERC programs including the One Sunset transactions. As you know, this review is currently in progress. To avoid prejudicing the Comptroller's review and to avoid an unwarranted invasion of personal privacy of BERC employee(s), BERC leaves its release decision prior to the completion of that review to the Comptroller. Very truly yours, Buffalo 1conomic Renaissance - Corporation Divitta M. Alexander, Esq. DMA /rga cc: Brian Reilly, President Andrew SanFilippo, Comptroller RE FFRRED T(.� TFf " ON CUMIRAUNVI tJ t 920 [.;I7Y HALL i71C�J 17n 2-Ey 7.3 www. ac: rxc.nRG ■ BLIFFALCJ, I*;Y 14202 FAX: 17161 B4'L-6742. ' "� 00�4q Memorandum From Date: Re k - n g: D eputy City Clerk Gerald. Chwalinski Program Packaging and Development Services (PPDS) Provider June 2, 2009 Board Packet Documents � Attached are the following documents from the Joint Schools Construction Board. meeting scheduled on Tune 1, 2009: 1. Draft Agenda. 2. Meeting Minutes from JSCB Meeting dated May 4, 2009 3. Fully Executed Phase III Application and Certificate for Payment No. 25R - -- April 2009 4. Phase Ill Application and Certificate for Payment No. 26 -- May 2009 5. Phase IV Application and Certificate for Payment No. I 1 — May 2009 6. Program Packaging and Development Services (PPDS) Provider Update 7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project — April 2009 8. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III — April 2009 RECOWD AND H D r'f r ` Spurts a Family * Educations o Business What does "B•A Sport" mean? BsA Sport is a phrase commonly used when discussing sports. It means playing; by the rules, using your strengths, and working with your teammates to accomplish a common goal. B*A Sport is about following proper etiquette when in in a sport, It's about displaying sportsmanship, inn addition to showing compassion for individuals on the other team. B•A Sport encompasses all of these concepts, but it is much more than just a phrase referenced at sporting events. BeA Sport is about values, ethics, and ultimately, an individual's character. When carefully examined, these qualities can be applied to everyday life. For example, playing a particular position inn sports can then transfer to applying; yourself to a particular position at work. Following the rules of a sport, and playing fair, can carry over to business ethics. Learning to get along with teammates teaches students to get along with their classmates at school. The Loqo The B *A Sport logo is a visual reminder to play fair in everything we do. The logo was created using the nation's red, white, and blue colors. In doing so, the patriotic spirit that our country was founded on can be kept front and center. The BsA Sport logo can be seen at over 90 locations including Ralph Wilson Stadium (Buffalo Bills), HSBC Arena (Buffalo Sabres), and Buffalo and Erie County parrs and community centers. Our Commitment Although many of us are currently going through challenging times, we know that our nation's true character will help us prevail. These challenges exist in sports, school, at home, and in the work place. What would happen if, when an issue occurred, the individual or individuals involved sinhnply thought of one simple phrase... "BeA Sport." Would the world be in the same place that it is today? Would athletes be taking performance enhancing drugs? Would "financial advisors" be launderhig money from their clients? You could even go as far as asking yourself if there would be as much violence if every issue was handled winder the umbrella of B *A Sport. International All. -Star Sports Council is committed to promoting and displaying "BoA Sport" throughout the US. In doing so, we can refocus on the importance of values, ethics, and character. International All -Star Sports Council, Inc. • 198 Crestwood Avenue . Buffalo, NY 14216 • www.iascine.org International All -Star Sports Council requests of Buffalo Common Council: 1.) A proclamation fronn the Buffalo Common Couzncil declariing September 2009 "B•A Sport Month, 2.) Encompassed within this request, we ask that the B.A Sport banners be supplied and installed by the Buffalo Common Council. A.) We would like them to be installed strategically around city hail, as well as on the lampposts around Niagara Square. B.) We would like for these banners to remain up for the entire month of September. 3.) Within the month of September, we would like to highlight a 2 -hour media event. A.) 'this event would have 1 representative from the sports, education, business, and family arena. B.) This event would be promoted through the local news and then continue to be shown over the Internet via our website. International All -Star Sports Council to provide to the Buffalo Common Council: 1.) By granting this request, we would be honored to have the Buffalo Common Council logo represented on the banners arotnnd city hall, as well as on the home page of our websites. A.) This will highlight the joint partnership between the Buffalo Common Council and the International All-Star Sports Council. B.) This will also bring further recognition to the dedication the Buffalo Coznnrnozn Council has to the city of Buffalo. The International All-Star Sports Council intends to continue to build on the "B*A Sport" program with such events as the B*A Sport used sporting equipment drive, B*A Sport 5K run, 139A Sport golf outing, and the B*A Sport parade, further bringing additional income and attention to the city of Buffalo. Thank you for taking the time to listen to our proposal, and we look forward to continuing to work together in enriching, the city of Buffalo and cities and conimm Cities throughout the US. International Alt -Star Sports Council, Inc. • 198 Crestwood Avenue • Buffalo, NY 14216 . www.iascinc.org REFERRED TO THE O MITT EGISLATION. Sports a Family a Education ® Business MAY. 7. 2009 12:40PM May 7, 2009 Mr. Michael Jaarah Buffalo Halal Market 1285 William Street Buffalo, NY 14206 MODERN DISPOSAL VIA FACSIMILE: 7165 - 653 -7014 Re: Buffalo Halal Market 0 10 0 NO, 5827 P, 2 } j(`Y 4 ✓lam' .d � To Whoa It May Concern: The above referenced property will be utilizing Modern Disposal Services, Inc. for their solid waste disposal services. ♦ One (1) - two (2) cubic yard container for trash, serviced six (6) days per week. If you need any further verification, please contact me at (716) 754 -8226, extension 274. Sin y, i Steven P. Hanaka Account Executive Modern Disposal Services, Inc. ks PILED RECEIVED AND & DEPARTMENT Off` PUBLIC WORN 0 MODERN CORPORATION .-- .._...a — n.. r -- - non .A_J_1^— NIV 4— ^ 1 Rn,'Sf1 Hamad Jaarah-1285 William St. Slaughterhouse- Results of Inspections for Live Poultry Business in New York City REFV-RR,,k,E,Y,',j',T, THE COMMITTEE A STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 108 Airline Drive, Albany, New York 12235 1 -800- 554 -4501 www.agrnkt.state.ny.us October 21, 2008 Brother's Live Poultry 774 3 r1 Avenue Brooklyn, NY 11232 Dear Market Owner: On September 17, 2008, your market was inspected for sanitation and compliance with NYCRR Part 45. During the inspection, our inspector also collected samples to test for the presence of avian influenza virus. At that time your market was found to be in compliance with the regulation and all samples collected tested negative for any H or H subtype avian influenza viruses. We appreciate your efforts to comply with the regulations and would like to take this opportunity to congratulate your market on testing negative. Your cooperation is appreciated. / -SS m erefy, es A. G , DVM erinaria 111 � f t . , Recogn ition of t I. 2�� W r IWF r 1/ � c" " 1 �� 11 � r� 1 . Fart , `M, MPS - N ew York State Departm ; :l of Agriculture and Market -- Date In Recognition of Significant Achievement This is to certify that 62 bird and environmental samples were collected during S inspections from Brothers Live Poultry and all tested NEGATIVE For H and H Avian Influenza Virus NO New York State Department of Agriculture and Markets 3�Iii1 �Y '"- of '4p" f "? John . Huntley, DVM, MPH Director, Division of Animal Industry 3 /Jo 1,20n Date NOTICE OF INSPECTION % New York State Department of Agriculture and Markets Division of Food Safety and Inspection 10B Airline Drive, Albany, NY 12235 DATE: 2 -11 � EST. NUJ. f � OWNER N Z I�L r,\ . Sr L,-& L TRADE NAME: 1 EST. ADDRESS: 3' '- _N //`` An inspection of your establishment was made today pursdant to provisions of the New York State Agriculture and Markets Law relating to food. A report of the Department's findings will be mailed to you within five working days. The results of the inspection show: The establishment in substantial compliance in that no critical deficiencies were observed ❑ Critical deficiencies which were corrected at time of inspection ❑ Critical deficiencies EST, REP'S NAME (Please p int) A C TITLE" l EST. REP'S SIGNATURE F INSPECTOR'S SIGNATURE PLEASE NOTE: I . D. # / A critical deficiency is a sanitation or food safety condition that must be corrected immediately It may result in the assessment of civil penalties and other action provided by law, including administrative hearing or court action. Article 28 of the New York State Agriculture and Markets ,Law requires a retail food store to post a copy of the date and results of its most recent sanitary inspection in a conspicuous location near each public entrance. A retail food store may comply with this requirement by posting a copy of this Notice of inspection. If you offer to give any benefit thing or money to any employee of the Department of Agriculture and Markets, your conduct will be reported to your local police or sheriff's department. 4 FS4- 890(Rev. 7104) NOTICE OF INSPECTION New York State Department of Agriculture and Markets Division of Food Safety and Inspection 10B Airline Drive, Albany, NY 12235 DATE: V Z I F 2— X9981' OWNER NAM_ TRADE NAME: EST. ADDRESS: 11 - 2, j- z- An inspection of your establishment was made today pursuant to provisions of the New York State Agriculture and Markets Law relating to food. A report of the Department's findings will be mailed to you within five working days. The results of the inspection show: The establishment in substantial compliance in that no critical deficiencies were observed ❑ Critical deficiencies which were corrected at time of inspection ❑ Critical deficiencies EST. REP'S NAME (Please pKint) TITLE EST. REP'S SIGNATURE INSPECTOR'S SIGNATURE PLEASE NOTE: I. D. # S 3/ A critical deficiency is a sanitation or food safety condition that rust be corrected immediatelv. It may result in the assessment of civil penalties and other action provided by law, including administrative hearing or court action. Article 28 of the New York State Agriculture and Markets Law requires a retail food store to post a copy of the date and results of its most recent sanitary inspection in a conspicuous location near each public entrance. A retail food store may comply with this requirement by posting a copy of this Notice of Inspection. EST. NO.: mtv If you offer to give any benefit, thing or money to any employee of the Department of Agriculture and Markets, your conduct will be reported to your local police or sheriff's department. FSI- 890(Rev, 7/04) Al-304 (7105; NYS DEPT. OF AGRIC. & MKTS. - DIVISION OF ANIMAL INDUSTRY 1 OB AIRLINE DR., ALBANY, NY 12235 - 518 -457 -3502 INSPECTION OF CLEANING AND DISINFECTION REASON FOR MANDATORY CLEANING AND DISINFECTION CLEANING AND DISINFECTION: SATISFACTORY:[] DEFICIENCIES IF UNSATISFACTORY REINSPECTION DATE (IF NECESSARY) UNSATISFACTORY ❑ INSPECTOR SIGNATURE DATE INSPECTOR PRINTED NAME _1 j Original - Department 1" Copy - Owner 3` Copy - Inspector YES NO ALL BIRDS REMOVED FROM FACILITY ❑ ❑ ALL ORGANIC MATERIAL REMOVED FROM FACILITY ❑ ❑ WALLS, CEILING, FLOORS, CAGES CLEANED ❑. ❑ DISINFECTANT APPLIED IN SUFFICIENT QUANTITIES -❑ ❑ TYPE OF DISINFECTANT USED CLEANING AND DISINFECTION: SATISFACTORY:[] DEFICIENCIES IF UNSATISFACTORY REINSPECTION DATE (IF NECESSARY) UNSATISFACTORY ❑ INSPECTOR SIGNATURE DATE INSPECTOR PRINTED NAME _1 j Original - Department 1" Copy - Owner 3` Copy - Inspector AI -300 (1 /08) NYS DEPT OF AGRIC. & MKTS. — DIVISION OF ANIMAL INDUSTRY 10B AIRLINE DRIVE, ALBANY, NY 12235 — 518 - 457 -3502 — (fax) 518 -485 -7773 r. Of 1. RECORDS AVAILABLE AT TIME OF INSPECTION (PART 45) 2. INVOICES FROM APPROVED SUPPLIERS OF FILE (PART 45, PART 245.4 (B) 3. INVOICES COMPLETE WITH REQUIRED INFORMATION (PART 45) 4. RECORDS ACCURATELY REFLECT CURRENT INVENTORY RECORDKEEPING DEFICIENCIES (EXPLAIN ALL DEFICIENCIES) NONE (IF MORE SPACE IS NEEDED, USE CONTINUATION SHEET). SAN ITATION & HO USING NYCRR ( PART 45, PART 245) YES _ NO NI, 1 . GENERAL PHYSICAL PLANT CLEAN & IN GOOD REPAIR (245.4 (B) 2. HOLDING CAGES CLEAN AND IN GOOD REPAIR El r 3. ADEQUATE CAGING AVAILABLE (PART 245.4 (B) 4. LIVE BIRDS HOUSED IN TRANSPORT CRATES (PART 245.4 (B)* S. TRANSPORT CRATES PRESENT ON PREMISES (PART 245.3 (G)* 0 -II € , SEPARATE ROOM AVAILABLE FOR CRATE WASH (PART 245.4 (B) II�®-t1t L®1 ® 1_ 1I�� 7. CLEANING AND DISINFECTION LOG BOOK UP TO DATE' El SANITATION DEFICIENCIES (EXPLAIN ALL DEFICIENCIES, INCLUDE # OF CRATES, BIRDS DATE OF DELIVERY) NONE. L OR USE CONTINUATION SWEET. POULTRY EXAMINED FOP OVERALL APPEARANCE ,1 :C .0 }1iI�19CI C�I� l E ®f I /COiUImI , �5 NONE' or use continuation sheet. l Al -304 (7105) NYS DEPT. OF AGRIC. & MKTS. - DIVISION OF ANIMAL INDUSTRY 10I3 AIRLINE DR., ALBANY, NY 12235 - 518 -457 -3502 INSPECTION OF CLEANING I I T FACILITY NAME REASON FOR MANDATORY CLEANING AND DISINFECTION ALL BIRDS REMOVED FROM FACILITY ALL ORGANIC MATERIAL REMOVED FROM FACILITY WALLS, CEILING, FLOORS, CAGES CLEANED DISINFECTANT APPLIED IN SUFFICIENT QUANTITIES TYPE OF DISINFECTANT USED ° CLEANING AND DISINFECTION: SATISFACTORY'El l DEFICIENCIES IF UNSATISFACTORY . REINSPECTION DATE. (IF NECESSARY) INSPECTOR SIGNATURE INSPECTOR PRINTED NAME, Original - Department El UNSATISFACTORY DATE 3" Copy - Inspector A1- 304 {7/05) NYS DEPT. OF AGRIC. & MKTS. - DIVISION OF ANIMAL INDUSTRY 10B AIRLINE DR., ALBANY, NY 12235 - 518- 457 -3502 INSPECTION OF CLEANING AND DISINFECTION YES NO ALL BIRDS REMOVED FROM FACILITY ❑ ❑ ALL ORGANIC MATERIAL REMOVED FROM FACILITY ❑ ❑ WALLS, CEILING, FLOORS, CAGES CLEANED ❑ ❑ DISINFECTANT APPLIED IN SUFFICIENT QUANTITIES ) ❑ TYPE OF DISINFECTANT USED CLEANING AND DISINFECTION. SATISFACTORY'❑ UNSATISFACTORY DEFICIENCIES IF UNSATISFACTORY REINSPECTION DATE (IF NECESSARY) INSPECTOR SIGNATURE DATE INSPECTOR PRINTED NAME Original - Department 1 $t Copy - Owner 3 ' Copy - Inspector Al-300 (1/08) � NYS DEPT DFAGR|C.&MKTS- DIVISION OF AN INDUSTRY 10B AIRLINE DRIVE, ALBANY, NY12235-518�7-3502-(fax)518-485-7773 INSPECTION REPORT OF LIVE POULTRY M RKETS Page of____ , Referral # NY Market Name:` Mailing address: El 2. INVOICES FROM APPROVED SUPPLIERS OF FILE (PART 45, PART 245.4 (B) 1. RECORDS AVAILABLE AT TIME OF INSPECTION (PART 45) 3. INVOICES COMPLETE WITH REQUIRED INFORMATION (PART 45) 4. RECORDS ACCURATELY REFLECT CURRENT INVENTORY El / REtoRDncEP|wG DEFICIENC (EXPLAIN ALL DEFICIENCIES) NUNE]E] (IF MORE SPACE IS NEEDED, USE CONTINUATION SHEET). ~\ SANITATION & HOUSING NYCRR (PART 45. PART 245) YES 1. GENERAL PHYSICAL PLANT CLEAN & IN GOOD REPAIR (245.4 (6) 10 2. HOLDING CAGES CLEAN AND IN GOOD REPAIR 3. ADEQUATE CAGING AVAILABLE (PART 245.4 (B) .'E] 4. LIVE BIRDS HOUSED IN TRANSPORT CRATES (PART 245.4 (B)* El 5. TRANSPORT CRATES PRESENT ON PREMISES (PART 245.3 (G)* 6. SEPARATE- ROOM AVAILABLE FOR CRATE WASH (PART 245.4 (S) 7. CLEANING AND DISINFECTION LOG BOOK UP TO DATE P SANITATION DEFICIENCIES (E'-NPLAIN ALI. DEFICIENCIES, *INCLUDE # OF CRATES, f3IRDS & DATE OFDELIVERY) NONED OR USE CON SHEET. 111 n [l ,^ ANIMAL HEALTH POULTRY EXAMINED FOR OVERALL AppsApmmcc RE-CU� N m use continuation sheet. This inopociion has been with (print name &hUe) Comm Counci �f M ICHAEL P. KE ARNS PRESIDENT PR TEMPORE SOUTH D ISTRICT C OUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CHY HALL. BUFFALO, IVY 14202-3318 PHONE: (716) 851 -5169 ® FAX: (716) 851 -4294 F -mail: mkearns@city- buffalo.com MEMORANDUM TO: Gerald Cliwalinski FROM: Councilmember Kearns DATE: Julie 15, 2009 A RE. Letter re: Relocating Bicycle Museum to Waterfront E IIAIRMAN FI NANCE WATERFRONT DLVELOPMENT COMMITTEES BUDGET BURA C €VI €- SERVICE C1 AIMS RULts LEGISLATIVE ASSISTANTS MARTI IA-ANN MURPHY ICFLLY M. KRUG RUSSELL C. WEAVER 1 would like to file the attached information for the next Common Council meeting to be field on June 23, 2009. Thank you. ON dELa`,I!�tfh T@ikrul.��'A4a.Y `Tor the People' Daniel and JoAnne Viapiano ;l 51 Sunbriar Drive West Seneca, New York 14224 March 29,2009 Michael P. Kearns 1401 City Hall Buffalo, NY 14202 Dear Mr. Kearns: This past Saturday, my husband and I took our 10 year old niece on a day of fun and adventure in the Western New York area. We always try to make our day an experience of fun and education as we discover new things in the area.. On this particular day, we visited the Broadway Market, participated in the Maple Syrup weekend events by visiting a local producer of maple synip products, and visited the Pedaling History Bicycle Museum in Orchard Park. Each stop had its own individual experience which we all thoroughly enjoyed. However, the Bicycle Museum was fantastic! We spent over 2 hours looking at all displays and the history associated with the invention of the bicycle. We were totally amazed at how well the exhibit was presented. My niece was particularly thrilled that she was able to sit atop "The Ordinary" bike. The owners, Carl and Clary Burgwardt added their vast knowledge to make our visit quite enjoyable. It is our understanding that the museum was to be purchased and moved to Germany. But it has now been put on hold due to financial constraints with the buyer. With all the construction and planning of Buffalo's waterfront, we believe this would be an asset to our community. We had no idea that this little building in the middle of the village of Orchard Park had such a vast collection of an important part of history. It would be an utmost shame to let this exhibit leave the Western New York area. We truly believe that families from all over would enjoy this exhibit as much as we did. It would complement the atmosphere that we, as a community, are trying to convey to the rest of the world. Western New York has plenty of hidden jewels, but only we are aware of them. With the waterfront area basically a blank canvas, now is the time to show the world that Buffalo can do things right. By relocating the Pedaling History and Bicycle Museum down to the waterfront, we believe this is a win -win situation for both the city and the community. Your help to achieve this reality would be greatly apprecitated. cerel ours, -;. ban and JoAnne Viapiano The r Council MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT C OUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 551 -5169 0 FAX: (716) B51 -4294 E -mail: mkearns@city- 6tfffalo.com MEMORANDUM TO: Gerald Chwalinski FROM: Councilmember Keams DA'CI : June 15, 2009 Grassroots Gardens C HAIRMAN FINANCE WATERFRONT DLVELOPMENT COMMITTEES BUDGET BURA CIVIL SERVICE: CLAIMS RULES L EGISLATIVE ASSISTANTS MARTHA -ANN MURPHY KELLY M. KRUG RUSSELL C. WEAVER I would like to file the attached itTformation for the next Common Council meeting to be held on .tune 23, 2009. Thank you. p p�q� a4 K` S d I j t� r.-� .5F?i��1a �fl'Fl.ai - Il 13 I! Fes+ - {„ %'" #xa , "Tor the Peop IH IN' May 20 "', 2009 honorable Mayor Byron Brown G rassroots 65 Niagara Square, Room 201 Gardens BLIffalo, NY 14202 0 13u ilo f � fl' lon. Mayor Brown; Allow me to first express my gratitude for Your office's recent approval of some of our outstanding lease requests. Your cooperation ensures our continued ability to provide our city's enthusiastic community gardeners the opporirnaity to build a better duality of life through the reuse and beautification of vacant land. Unfortunately, the recent process for getting these leases approved was anything but timely. In Iact, beginning in April 2008 we were only able to obtain the necessary approval after more than a year of letters, phone calls, personal conversations and other correspondence with Jay Lynch, Brian Reilly, Karla Kosmed, John I lannon, Denaone Staith and Peter Savage. As you can imagine, this consumed an unordinary amount of time and effort better spent scrviug our comnunaity members, Obviously, the necessary steps to add new lots to our lease has changed in the nearly 20 years since ° our first conanaunity garden was started. In the interest Of Our organization and the time and resources of all parties involved, I am requesting a meeting to establish a new process For us to quickly and efficiently submit and obtain new ]case approvals. g There are 14,000 vacant properties in Buffalo, and we plan on being the leader in vacant lot reclamation efforts. Currently we are the city's preferred lease holder for vacant properties, so to ensure we are able to make the most of the tens of thousands of dollars we procure from donations I urge you to help us develop a clear understanding of the lease process, which will mutually a ; benefit our organization, your office and the community we all serve. Our organization and its fenders look forward to receiving a response from the Mayor's team and/or other city officials regarding this request. If you have any questions, please feel free to call our• staff' member, Zoe Lavatelli, at 851 -4647 r� On behalf of the Board oil Directors, thank you for your consideration to this matter. C Sincerely, l 5 �._. a Daniel G. Wangelin Secretary, Board of Directors d Grassroots Gardens of Buffalo m cc: B. Reilly, G. Chwalinski, D. Rivera, B. Davis, D. Smith, B. Russel, .1. Golombek, R. Fontana, M. LoCurto, D. Franczyck, M.I1,car-ns f MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT' COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY MALL BUFFALO, NY 14202-3318 PRONE; (716) 851 -5169 o FAX: (716) 851 -4294 I -mail: mkearnsOcity- buffalo.com MEMORANDUM TO: Get Chwalinski FROM: Councilmember Kearns DATE: JL111e 15, 2009 fir Paul I fincherick letter re: maintertance of properties r CHAIRMAN FINANCE WATERFRONT DEVELOPMENT COMMITTEES BUDGET BURA CIVIL SERVICE CLAIMS RULES LEGIS €ATIyE ASSISTANTS MARTHA -ANN MURPHY KELLY M. KRLIG RUSSELL C. WEAVER I would like to file the attached information for the next Common Council meeting to be held on June 23, 2009. Thank you. "'For the People' May 15, 2009 Paul D. Hincherick 2068 South Park Avcnue Apt. #02 Buffalo, NY 14220 Councilman Mr. Michael Kearns Council Chambers 1401 City Hall Buffalo, NY 14202 Honorable Mr. Michael Kearns; In our recession a starting point of elite stance to procure a more applicable section of law(s). Whereas, the city council and Executive of the City of Buffalo, can put on the law books statuc(s), that can result over time a broader tax base improve property values, and be environmentally saber. As long as vacant lots, vacant dilapidated structures can be address as without loss of city funds, also adjusted for inflation, so long as it is an environmental issue. The owner(s) of the afore mentioned properties should be notified; Where as, upkeep and or maintenance is not maintained , the city can bIH the owner(s) responsible ; Leaving the insurance liable, if in a tinkly manner, the owner(s) does not produce upkeep and or maintenance. The city; their to, can provide workforce of individuals, even on social services programs an opportunity to earn a temporary wage. The effort to make the owner(s) of lots and structures that are vacant and in deplorable conditions responsible for their upkeep. The city should institute the formation of statue(s) enforceable accordingly or similar; Lot(s) with weeds or tall grass, that are not cut removed, disposed of: in a timely manner will be billed the cost of such lots from the city's capital expenditure to provide; such up Jceep. Vacant structure(s) with or without lot(s) that are delapitated as will be repaired, in that they are an environmental issue. S IIi Crely yours, Paul D. Hin cz herick Statesman 00 - Nuffato Common Countif MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MF.MBFR 65 NIAGARA SQUARE, 1401 CITY FIAL.t, BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5169 ® FAX: (716) 851 -4294 L -mail: mkeams (Mcity- bu €falo.com MEMORANDUM: TO: Gerald Chwalinski FROM: Councilme nber Kearns DATL: June 15, 2009 Sam Hoyt Letter re: Emerald beach HAIRMAN FINANCE WATERFRON€ DMI- OPMENT COMMITTEES BUDGET BURR CLVIL, SI.RvlcF CLAIMS Rut -Es LEGISLATIVE, ASSISTANTS MARTHA -ANN MURPHY KELLY M. KRLIG RUSSELL. C. WEAVER I would like to file the attached information for the next Common Council meeting to be held on June 23, 2009. ']'hank you. RUE 1.ki A T F 'Tor the People' J � l t r �z'e is aR SAM HOYT Assemblymember 144 District Room 837 Legislative Office Building Albany, New York 12248 518 - 455.4886 FAX 518. 455 -4890 436 Delaware Avenue, Suite 005 Bul[alo, New York 14209 71 6885 -9630 FAX 716- 885 -9636 E -mail: hoytsOassernbiy.state,ny.us THE ASSEMBLY STATE OF NEW YORK :..e CHAIR Committee on Local Governments COMMITTEES Ways and Means Transportation Energy Tourism, Arts & Sports Development Cities MEMBER Puerto Rican/HispanicTask Force May 28, 2009 Mayor Byron Brown Room 201 Buffalo City Hall. Buffalo, New Fork 1.4202 Dear Mayor Brown, I am writing to thank you for your support of the Emerald Beach on the downtown waterfront. Since its inception, Emerald Beach has been citizen -led initiative and is widely enjoyed by Buffalo and Western New York residents alike. l congratulate you for your leadership on this issue, especially in helping develop an amenity that draws more people, especially families, to our waterfront. Moving forward, I encourage the City of Buffalo to continue developing Emerald Beach as an important element of Buffalo's waterfront development, Over the past year, it has proven to be significant in terms of making the waterfront a more appealing and user - friendly destination. Specifically, l request for the City of Buffalo to expand the base of the beach along the natural water line by removing the large boulders, driftwood and other debris. This Mork would be a continuation of the work commenced last year, and is being described as Phase 2 by Emerald Beach supporters. Thank you for your consideration in continuing the City's support of Emerald Beach, It is a. great example of a successful citizen -led partnership between government. and residents that is enjoyed by many local residents. Please do not hesitate to contact nay office if f can be of any assistance. MEMBER. OF ASSEMBLE' SH:cla cc: N. Nussbaumer e0(�I Th e Wuffalo Common Council MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALE. BUFFALO, NY 14202-3318 P HONE: (716) 851 -5169 ® FAX: (716) 851 -4294 E -mail: mkeams @city- buffalo.com MEMORANDUM TO: Gerald Chwalinski FROM: Councilmelnber Kearns DATE: June 15, 2009 Upstate New York Travel, Inc. _I. wAIRMAN FINANCE WATERFRONT DEVELOPMENT COMMITTEES BUDGET BURA CIVIL SERVICE CLAIMS RULES LEGISLATIVE ASSISTANTS MARTI IA-ANN MURPHY KELLY M. KRUG RUSSELL C. WEAVER I would like to file the attached information for the next Comm on Council meeting to be held on June 23, 2009. Thank YOU. .., ""For the People' 06/05/09 02:21 2Z 716 684 7517 UPSTATE NY TRAU P.02 AK T -LA rev' WOR TRAVEL, � s Re=ceptive Tour Operator "Tire Four Seavon E'x fvr•ience" March 4, 2009 Mayor Byron W. Brown 1"u kato City Hall Niagara Square 13 uff lo, TAY 14202 SUbj=at: Dri 41 QLQ'Wkb,UDLgp Qfft /AiA -up kin Dear Mayor Brown w:ro'e io you pl;;viously on July 3, 2008 regarding the need for a designated group drop of and pick -t location at the Erie Canal Heritage Site and Buffalo Naval Park. You forwarded my letter in ts) :alter dmislon maklers for action on my recommendations, which I certainly appreciat ;d, I 1Srt OY -Wll you a copy of my original lett for your reference. Following the forwarding of my letter 1 re=ceived telephone calls from Main Place and Eric anal la "Our r velopment Corporation indicating their endorsement of my recommendations. Si ice I bav be- in touch with I:CI IDC" a number of tithes regarding the status of these changes. l ccording to what I have been recently told the Traffic )Engineers office, DPW and City Plerming divisiotT all indicate my requests still sits With City Ilall and your office. Evidentl the pro jc ;saJs also need Cornmon Council approval. The t3CIIDC has been told the relocation of the hancii y . a p pavking space=s did roceive Council approval, however the re zoning of the drop -o T nay % it still what neods to be addressed. I also question if r"onuncndation for three motor coach p1',rking places at the corner of Penrl.Strect and Perry Street has been addressed. 1w '31-ring tcurisnt season is close upon us and I would like to see action on the proposals fat =aIjZ�Cd fl!: 800,2 PAS possible, Your help is needed to resx- t I J.1 stftlornate on this topic, '' rltr li YOU for your follow up and action! Sirtc�crel�, . AMlt f,.. XCon1)oy 5 10e , r path Drivc, Lancastcr, New York 1 • TO. 1 716 - 683.2399 . Fax 1 -7 J 6- 684 -751 1 06ZOS /09 02 :26 N 716 584 75t7 UPSTATE NY TRAY P.Ot Receptive "four Operator "The Dour Season Experience" July 3, 2008 ! ayor Byron W. Brown Buffalo City Hull S Ninvra Square Tl tif l laio, NY 14242 S - ti e"c r.ie Can l arbor Site Dear Mayor Brown: U of us in Buffalo, especially the tourism community are very happy the new Erie C anal l +ay 3or site and 'Buffalo Naval Park are now fully open for visitors. We are hopeful this is P sign o, score good things to conic. 1 amt asking for your help in making one further im provement to the Erie Canal Harb )r front area. This would require your immediate attention as we enter the tourism seas )n. These two sites will be drawing many more people to the Erie Canal Harbor area ant they tteed packing close to the site. Presently parking is a major problem. Since I deal wit) motor coach groups, which are primarily. scnior,s, 1 am particularly concerned there i; no ds , ig zatect, safe motor coach drop off and pick up area at the two sites. There is alsc no {nom icr � pa ; near the site. if we are to be a motor coach and group tour fries idly %A y vve °in -e!i these improvements now, if gi oups have a poor experience as rega; (. oY,wmient access to the attractions they will not return. We need positive reaction to the wrie Canal Harborl r.f possibit I would recommend a drop off and pick up location between the Buffalo N aval Javal 5, ail. end Erie Canal site, or just past the intersection beyond the stop sign. I would a [so cec;,orn nerd the city consider making the east side of the street directly under the Ski way, going up to Eric Street, a designated motor coach, school bus, tour van, parking are. c. This way groups can be dropped offal the two sites, The bus could them turn left, pErk on =)xe street where I recommended, and then when ready to he picked up transportatioi i can dt up to Erie Street, turn left to Marine Drive, and the designated picked up locati m. I know when I niet you a number of times in Albany on "Tourism Day" and other 101 :al to dsm events, you always showed interest in om industry and were open to .�rc^rixr�iendatior ?s. Thank you for your consideration of my comments and the alcove root:srr mondations. Your action will be berieficial to Buffalo tourism! Sincsorely, 5 t tc—i lyric, Lai ?caster, Ycirk 14096 Tcl. 1 - 683 -2399 o Fax 1- 716 - 694 - '/ X47 06/05/09 02:22 2� 716 684 7517 UPSTATE HY TRAV P.03 T STA NEB V RK "��`RAVEL, �N4 �' ' `t` i Receptive Tour Operator "'I'fte Four Seavon Isxper lence" Apri120, 2009 Mayor Byron W, Brown utf Halo City hail 65 NiNgara Sgtwm Buffalo, NY 14202 su'bpe't: €r oacrou I7�p 9ff 1'jckup - Erit�.a�lal 1arbri ee 'm I%Aryor Brown - , I wrote to you previously on July 3, 2008 and again on March 4, 2009 regarding the status of my r�;Oarnnaendations for a specific }Troup drop off and pick up site at the Erie Canal harbor ar d )�t),voj Paek , as well as motor coach parking at the comer of Nad &c Perry stroets. Ai, ANoday I still have not received information about the status of these proposals and the it irripicznentation in time for the Buffalo tourism season. It is my understanding the request: till sits with City Hall departments and your office, Your help is needed at once to have, the toques .ed rx*mnacndat moved ahead through all departments and initiated. Thank you in advance for your help and I look forward to your timely response. 8ia (re ly, .j. co.r3$Oy 5 Dee.rpath Drive, ]<.,iitlCjE qei , New Yoj k 14086 • Tcl. 1 71(1-693-2199 • Fax 1- 716 - - 517 MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALQ, NY 14202-3318 Ph101\1E: (716) 851 -5169 A FAX: (716) 851 -4294 E -mail: mkearnsOcity- buffalO.Corn MEMORANDUM TO: Gerald Chwalmski FROM: Councilmernbcr Kearns DATE: June 15, 2009 A Speed Limit change at .Marine Drive Apartn er is f CHAIRMAN FINANCE WATERFRONT DEVELOPMENT COMMITTEES BUDGET BURR CIVIL SERVICE C €AIMS RULES L EGISLATi V E ,ASSISTANTS MARTHA -ANN MURPHY KI:LI_Y M. KRUG ROSSELL C. WEAVER I would like to file the attached information for the next Common Council meeting; to be held on June 23, 2009. Thank you. REFERRED TO THE SPECIAL COMMIT'T'EE ON WAT)RFONT DEVELOPMENT &DEPARTMENT OF PUBLIC WORKS ' he People' i E t ResIdeilts ,fge ffie city to lrnakc VE�iticl'front i1lof Access Blocked - Content Alert The URL: http: / /c5.zedo.com /jsc /c5 /ff2,htrni? was blocked The link you are accessing has been blocked by the Barracuda Web f=ilter because it matches a Area residents are pushing to get the speed limit on ]:rie Street re(luced from 30 ;nph to J_') rnpii. ()6 /1. -, 0() :" :1;11 TIZAFFIC PRINT Access Rinckr -ri - Access Blocked - Content Alert The URL: http: / /c5,zedo.com /jsc/ was blocked The link you are accessing has been blocked by the Barracuda Web Filter because it matches a blocked category. The name of the category is: "advertisement- pop-UPS" If you believe this is are error or need to access this link please contact your administrator. l esxdents urge the city t® make waterfront more pcdestrian- friendly By Brian Meyer Nl3WS S`I'AI-T t EIPOl TER l,rtn • / / «rNAfvv_nrini i his.0 ic.kabili iv.cotii /pt /ept? action - =cl)t &title -= Residents +tirge li the city - 1 - to... 6/16/2009 `mot 5iE?t t fS ?tr -, the t;ltdl i;(' 11T)� e w,3rt rlv(i L at1t:3t C r Sts.tiTx -irit f1Ci 3 _tEll /A iv3ichacl ftanni has lived on the dowrrtowrj waterfront for 4[) years, anel he likes to Cxi7foee the cti =uk ing;:ire L;all;r1 1J<!ruar in !Irs a wheciclaair. Witt, all the waterfront dcvclopincnt under way, Iles never sec-n so many shoreline visitors i;�tar the � }arine [)rive Apartments where he l ives. Or so many speeders. Ranni said drivers often z00111 dow" Erie Street at 40 or 45 mph. You have to l,c faster than the cars Jo cross the street, "' grumbled Marine 1)rivc resident 111iristinc Avino, �vho �Vdks with a Carle. Avino is among those who have been lobbying for changes that would enhance p <,destrian safety near the downtown waterfront, including a lower speed limit. 'they've attracted the aattentio €r of City Hall, including Public Works Commissioner Steven J. Stepniak, who recently walked the area with residents to get a better handie on traffic concerns. ``All this watorfront development is g arcat, bot we also understand that. it creates new issues, said Stepniak. 'fi city is working with waterli Manners on a traffic study, said uric C:). Schna j,de,, €Ile city's assistant engineer. "fbc study conunissioncd by tire Laic Canal I [arbor Developmcnrt Corp. staould be complete by mid- surmner, Schrmarder said. f3ut it could take a white longer to implement changes. For example, some residents' push to slash the etu•rent speed limit from 30 mph to 15 mph would require state approval. " 1 think the city is really concerned about safety," said Marine 1)rivo resident Marilyn Gallivan. "'They just have so many hoops to ju €np. It doesn't happen overnight." But Avino said some residents have been complaining to city officials about problems 'for three years. Slic said the problems have intensified since the opening of the new Frie Canal Ffarbor, especially on t -.rie Si.reet. "For every day its delayed, there's a safety hazard," said Avino. Joseph mascia, as tenant corlimissioner at the: I31111'alo Municipal Housing Authority and a Marine Drive resident, said one way to improve pedestrian salc;ty along the waterfront would involve installing sidewalks on stretches where there are none. Otiler ideas include marking some parts of the road as pedestrian crosswalks and having; more curb cuts to accornmodate peopic with disabilities. Stepniak said traffic experts don't think installing more stop signs in the area is the answer. "Having too many stop signs Can cause more rolling stops," said Stepniak. ".lust plopping in more stop signs wouldn't be the best thing." Michelle Knox walks her Shih Tzu along the shoreline a few times at day. Shc says some motorists intentionally zoom down Erie Street in the wrong, direction. Brie; is one - wary, going towa M [11c old Memorial Auditorium site. Periodically, officers Have setup special details to nab speeders in file area around trio Basin Marine. Residents said they would like to see snore vigorous police enforcement of traffic laws along the waterti Avino and others said there have been nuureruus accidents caused by rccklGss drivers. Avino hopes the traffic study will recommend a slower speed limit and other Acps to make the waterfront area more pedestrian friendly. — file safety of the people has to be the first priority," slit said, "if somebody gets killed, then what ?" bmeyer(cr)huffnews.coan V , } Find this article at: htip: ifwww. buffal onews. coml cityregion €atoeri elstor y l703874.html Check the box to include the List of links referenced in the article. t, + a, .�r.<: -,:.,: ;nstl,;c riirl� 7hi a�mlt�ti ?actiot7� cpt�4ititle- ltesicl�ttts +urge +tl�e +city +to... 6/16/2009 00r »:� TO W uffalo Common Counci MICHAEL P. KEA NS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY I BUFFALO, ICY 14202 -3318 PHONE: (716) 851 -5169 @ FAX: (716) 851 - 4294 E -mail: mkearns @city- 6uf(alo.com MEMORANDUM , ro: Gerald Chwalinski FROM: Cooncilmenlber Kearns DATl�: June 17, 2000 Buffalo News Article re: Waterfront Hotel CHAIRMAN FINANCE WATERFRONT DEVELOPMENT COMMITTEES Bt DGET BURA Civ il- SERVICE CLAIMS RULES L fGISLATIvu ASSISTANTS MARTHA -ANN MURPHY KELLY M. KRUG RUSSELL C. WEAVER I would like to bile the attached information for the next Conimon Council meeting to be held on June 23, 2000. Thank you. REF R y "For t he People' Hotel plan wins Planning Board approval : City & Region: The Buffalo News Page I of 2 r� v The Buffalo News : City & Region Wednesday, :tune 17, 2009 MakC us your 110IMPaget Home > City & Region Revisions in plans for the four -story Erie Basin Wingate Inn do not go far enough, some critics say. 06/17/09 o6,z AM WATERFRONT Hotel plan wins Planning Board. approval By Brian Meyer MEWS STAFF REPORTER Story tools* Share this story: W X'n , 7 SHARE .. Buffalo's Planning Board has given developers the green light to move forward with controversial plans for a waterfront hotel. In a 4 -1 vote Tuesday, the board concluded that a revised color scheme has "softened" the appearance of the proposed Erie Basin Wingate Inn. But Frank Lysiak, a waterfront resident and a member of the Waterfront Village Advisory Council, said the buff - colored exterior with silver -gray speckles does not do enough to improve the project. "It's like putting lipstick on a pig," Lysiak said as be left the City Hall meeting. Developer James W. Pitts disagreed, insisting the four -story structure planned on a city - owned site next to Shanghai Red's restaurant will be an attractive addition to the waterfront and will help revitalize the shoreline. "We think this is going to be an excellent project," Pitts said. "The Planning Board's action was a very important step. We can now finalize our design." bttp : / /www.buffalonews. corn /cityregion /story /705906.hti 6/17/2009 -lotel plan wins Planning Board approval: City & Region: The Buffalo News Page 2 of 2 Pitts is working with Specialty Restaurants to build the $11 million project. y Henry L. Burns, a longtime Planning Board member, backed the project, noting that the hotel won't be a high -rise that would obscure waterfront views. He said he was glad the board found the design acceptable and concluded that a full -blown study won't be required to gauge the hotel's environmental impact on the surrounding neighborhood. "Half the projects that we start in Western New York end up in the file box," Burns said. "This is something that's going to get done." The 98 -room hotel still faces potential obstacles. The Common Council must approve a land transfer, and most lawmakers have voiced concerns about the project. Some say a $37 million, 10 -story mixed -use complex proposed by Ciminelli Development Co. and businessman Mark E. Hamister would be more suitable for the waterfront. But the Buffalo Urban Renewal Agency concluded that the competing plan did not meet height and density requirements. The Wingate Hotel project has undergone several design revisions in an attempt to resolve issues raised by critics. The most recent changes involved altering the color of the brick that will be used. Cynthia Schwartz, Planning Board vice chairwoman, described the new buff and gray exterior as an improvement. But she said she still doesn't consider the structure optimal for such a "prominent" waterfront location. "I'm just not enamored of the design itself," said Schwartz, who cast the only "no" vote. bmeyer cr buffnews.com C) 2009 The Buffalo News. The information you receive online frorn The Buffalo News is protected by the copyright laws of the United States. The copyright laws prohibit any copying, redistributing, re- transmitting, or re- purposing of any copyright- protected material. http: l/ www.buffaloiiews.com /cityregion /story /705906.html 6/1.7/2009 00ACIt) The f alo Comman cound MICHAEL 1. LoCURTO D CLAWARL DISTRICT CO UNCIL MEMBER 65 NIAGARA SQUARE, 1405 CITY HALL. BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5155 @ FAX: (716) 851 -4553 Email: rriloCrlrio @City buffalo.corn IICISL ASSISTAP S PAUL ALAGNIA BRADLEY K. HAMM HAI C.OMMUNiTy DEV11- OPMLNT COMMITTEES LEGISLATION FINANCE BUDGEF BOARDS BURA Jane 18, 2009 Gerald Cliwalinski City Clerk 1308('1 ity Hall BLlffalo, New York 14202 RE: City Chartcr §341 - 2 Mr. C'hwalinski: Please Tile the rcferelleed document I'm- the Common Council mecting on June 23, 2000. sincerely, f MICI IA .. ,1 LoCURTO M WEE ti �� ° _ =a ' a �l Working for Today Planning for Tomorrow l § 341 -1 Chapter 341 PROPERTY MAINTENANCE PROPERTY MAINTENANCE ARTICLE I Removal of Weeds, Brush and Debris § 341 -1. Duty of owner or occupant; penalties for offenses. § 341 -2. Enforcing official; notification of noncompliance. § 341 -3. Performance of work by City. § 341 -4. Reports and assessments. ARTICLE II General Standards § 341 -5. Compliance required. § 341 -6. Maintenance of open areas. § 341 -7. Maintenance of buildings and structures. § 341.8. Ixtfestation and screening. § 341 -9. Garbage and refuse. § 341 -10. (Reserved) § 341 -11. Fowl. § 341 -12. Unoccupied hazards. § 341 -13. Sealing of unoccupied buildings. § 341 -14. Posting name of owner and/or agent of properties not in compliance with housing and property codes. [HISTORY: Derived from the Charter and Ordinances, 1974, of the City of Buffalo as Indicated in article histories. Amendments noted where applicable.) GENERAL 1dEFF:RENCES § 341 -2 Building construction and demolition; fire prevention — See Ch. 103. Unsafe buildings -- See Ch. 113. Certificates of occupancy —See Ch. 129. City property — See Ch. 133. Enforcement — See Ch. 137. Home - improvement contractors — See Ch. 144. Garbage. rubbish and refuse --- see Ch. 216. Handbills and other pubiicAtions -- See Ch. 231 Housing standards --•- See Ch. 242. Lodging houses - See Ch. 268. Multiple housing See Ch. 282. Parks and other open Spaces - See Ch, 309. Snow removal -' see Ch. 404. Stmets and sidewalks — See Ch. 413. Trees, shrubs and plants -- See Ch. 467. ARTICLE I Removal of Weeds, Brush and Debris [Derived from Sec. 63 of Ch. IV of the Charter and Ordinances, 1974) $ 341 -1. Duty of owner or occupant; penalties for offenses. [Amended 6 -12 -2001, effective 6 -22 -2001, 6-5 -2003, effective 6-6 -2003) It shall be the duty of every owner, occupant or person having charge of lands within the City to cut down or cause to be cut dawn all overgrown weeds, grass, brush and other vegetation and to remove or cause to be removed all garbage and tree limbs or other debris on said land each and every year between May 1 and June 1 and so often thereafter as necessary to maintain such land in a sanitary and orderly condition. Failure to comply with this section shall constitute a violation of this section and shall be punishable by a Class F fine in the amount of S 150. This shall be in addition to any other penalty provided in the Code of the City of Buffalo or in any other law. § 341 -2. Enforcing official; notification of noncompliance. [Amended 7 -9 -1996, effective 7 -23 -19961 It shall be the duty of the Commissioner of Street Sanitation to see that the provisions of this article are enforced. Where violations of this article exist, the Commissioner of Street Sanitation shall 34101 11 - 24 - xaa U I § 341-2 BUFFALO CODE notify the owner of such land of the violation. Such notice shall give the owner five days to comply with this article, Such notice may be mailed by first class mail to the owner pursuant to Buffalo Charter Sec. 150. In the alternative, the notice may be personally served upon the owner by delivering the notice to the owner or by delivering the notice to a person of suitable age and discretion at the owner's residence or place of business. § 341 -3. Perfonnance of work by City. In the event that the owner of such Iand receives notification to correct the violation and does not comply therewith, the Commissioner of Street Sanitation shall engage the services of a private contractor to perform the necessary work. The Commissioner of Street Sanitation shall charge and bill the owner for the cost of such services. In his discretion. the Commissioner may assign City personnel to do the work, in which case a charge as provided in Chapter 175, Fees, shall be made, § 341 -4. Reports and assessments. The Commissioner of Street Sanitation shall keep an account of all such work done and shall report to the Common Council all parcels of land upon which such work has been performed and the names of the owners of said parcels who have not paid for the cost of the work performed, and the Common Council shall thereupon order assessments upon such lands for the unpaid sums so reported. ARTICLE 11 General Standards [Derived from Art. II of Ch. X11 of the Charter and Ordinances, 19741 $ 341 -5. Compliance required. Residential, commercial, Atorage and industrial buildings, whether occupied or vacant, and accessory structures shall be maintained in conformity with the provisions of this article so as to assure the desirable character of the property and its effect on surrounding areas. S 341.6. Maintenance of open areas. § 39.1.7 A. Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds. B. All drainage water from roof surfaces of residential buildings shall be properly drained into a sewer, or by any alternate method approved by the Commissioner. No buildings or structures shall discharge roof drainage on sidewalk, stairs or neighboring property. C. Fences and other minor construction shall be maintained in good repair and in a safe condition. D. Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. E, Yards, courts and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation. F. Heavy undergrowth and accumulations of plant growth which are noxious or detrimental to health shall be eliminated. § 341 -7. Maintenance of buildings and structures: A. Definitions. For the purposes of this section, the following terms shall have the meanings indicated: GRAFFITI -- Any unauthorized inscription, word, figure. painting or other defacement that is written. marked, etched, .scratched, sprayed. drawn, painted or engraved on or otherwise aired to any surface of public or private property by a device capable of leaving a visible mark. [Added 4 -17 -2001, effective 4 -30- 20011 STRUCTURES ---- Includes accessory structures. Mtoem Note: 1"'ormar 9 341.8.1, Display of alaughtemd 1 e WMch immediately followed. Zia added 3-17 -1992. urea repealed, 7- 21}2004, eif'ective 9- 2 -29M. See now S 34102 13 - x5 . tad 00(" G1 THE WASHROOM LAUNDROMAT'S °' 2265 Seneca Street Buffalo, New York 14210 Mailing Address: 486 Potters Road Buffalo, New York 14220 -2539 June 10, 2009 City of Buffalo Office of Fuel Devices Room 312 City Hall 65 Niagara Square Buffalo. New York 14202.3331 RE: THE WASHROOM 2265 SENECA BUFFALO, NEW YORK 14310 Dear Sir /Madam: Telephone (716) 822 -8969 Facsiniile (716) 825 -7362 a C(U f Enclosed you will find a copy of a billing from your office regarding the above captioned address. Also enclosed is my check no. 1009 in the amount of $26.25. Please apply the check toward payment of yet another useless fee imposed by the City of Buffalo which hurts businesses. If you need anything further please let me know. Thank you. Sincerely, Simon F. Manka Enclosures -2 C: Buffalo Common Council 000') FACT SHEET June 2009 Environmental Cleanup Plan for 200 Ship Canal Parkway Site Available for Public Comment r Brownfield Cleanup Program Pro'ect No. 0915227 Introduction The New York State Department of Environmental Conservation (NYSDEC) welcomes public comment as it reviews a draft cleanup plan, called the Remedial Work Plan, for the 200 Ship Canal Parkway Site in Buffalo, Erie County. In the past the site was used for the manufacture of iron, which contaminated soils and groundwater with metals and semi - volatile organic compounds. Comments on the plan will be accepted from June S to July 23, 2009 and may be submitted to the NYSDEC project manager listed on the opposite page. Work at the site will be performed under New York State's Brownfield Cleanup Program.. The BCP provides existing or potential property owners financial incentives to promote the voluntary cleanup, redevelopment, and revival of Brownfield sites. Brownfields typically are former industrial sites that have been environmentally compromised, making redevelopment of the site more difficult. 200 Ship Canal Parkway, LLC entered the BCP in October 2008 and plans to construct up to 140,000 square feet of multi- tenant commercial, Iight industrial, and/or warehouse space. Site Background The 200 Ship Canal Parkway Site (Site) is a 5.7 acre parcel of vacant, former industrial land that is located within the Buffalo Lakeside Commerce Park (BLCP). The BLCP is a 275 -acre business park being redeveloped from what was the location of heavy industrial operations for the manufacture of pig iron by the Hanna Furnace Company, The BLCP is .located near the southwestern corner of the City of Buffalo and is partially occupied with three new light industrial /commercial businesses. For development purposes, the BLCP was subdivided into four sub - parcels based on prior uses by Hanna Furnace. The subject Site is located within Sub - parcel 2 which was the primary location of the manufacturing operations of the Hanna Furnace facility. The southerrf portion of what is now the BLCP was purchased in 1.902 by the precursor to the Hanna Furnace Corporation. In 1903 the Buffalo and Susquehanna Railroad, in cooperation with the Pennsylvania Railroad, initiated construction of the Union Ship Canal, originally called the Goodyear Slip, and provided barge access to the pig iron manufacturing operations for transport of raw materials and products via Lake Eric. In April of 1930, the name changed from the Buffalo Union Furnace Corporation to the Hanna Furnace Corporation. During peak production, the Hanna Furnace Site employed over 800 workers and could produce up to 3100 net tons of iron per day. In 1982 Hanna Furnace Corporation shut down all operations at the plant, and by 1985 most of the plant's structures 06/05/2009 10:37 OLMSTED CONV V V Q Gr3 49 �BUFFALC+ OLMS'fP.0 PARKS CONSERVANCY inr {l' parks t� j €rirj1r' MEDIA ALE NO. 198 For Immediate Release: Friday, une 5, 2009 For Move Tnformatior+: Katie R mpioo, Development & Marketing COOTdinator, (716) 83B -1249 ext. 30 L STED D ATHLON & PICNIC IN THE PARK Family Picnic a nd LISA T-Sanctioned Race in Cazenovia Park to Benefit Buffalo's Olmsted Park System Friday, June 5, 2009 4 p.m. - 8 p.m. C ztenovia Park, near Caz Casino (Race surfs at 6pm in South Park, ends to Cazenovin Park:) Picnic in the Park is a spr tune afterr#oon celebration of family -- oriented entertainment and activities taping place from 4 P.m. to 8 p.m, on June 5 in Cazenovia Park. Admission is free! High i f hta: Buffalo Bills alu its, Will Grant, will be present for games and autograph sigh .ng, Children's activities include f ice pavlting, arts and crafts, story - telling, kick -off of summer reacting wvitli Dag liars Books ore,1 -mile run and more! Plus, live music by Mudda Nature and local scbool bands. Participating restceurants fxv4 South Buffalo are: Potter's Field, Pete-ii-Paul's, Caz Coffee Cato, and Leo's Pizzeria. Adult be rages provided by Labatt USA and Barefoot Wine. Olmsted Duarblon is the first dedicated duathlon in Buffalo and the first ever to be held within the historic Buffalo Olmsted park system. It starts at 6p,m. with a 3K run aroruzd South Park lake, a 15K hike race on Mc ley and Red Jacket Parkways, and a 5K run in Cazeno via Park, The course is certified by M LT Sponsored ley: Councrlmem er Michael "Mickey Kean - Ls, Runner's Roost, Bert's Bikes and Fitness, Mike Roeder's Ha6l, Resale South, Shark Energy Drink, Chip Time Results, TriWNY, Coca -Cola, Consumer's and anpelli's Pizzeria, Photo opportunities For more information- Katie AN L) ML Visual opportunities for TV. '. XT Ent & Marketing, 836 -1249 ext_ 30 I':r{;_,idi Lodgo N4 I';ir}ri4it Avcmlt LJOWIO, NY 14214 j1(7)6)838- 1349 j'(71t)}i3i- 1,3in€ tt�c�t ,Ut €t}71np[i € €;tEtlJrrrks.0 €� Del Council Staff Chief of Staff James S. Pajak Senior Legislative Assistant IV Kevin Linder Senior Legislative Assistants Marite Bellfield Brian C. Bray Mark J, Jaskula William Licata Karen D. Privateer Jacqueline E. Rushton Legislative Aide James N. Jackson 65 Niagara Square, Room 1413 Buffalo, New York 14202 -3318 Phone: (716) 851-5105 Fax: (716) 851 -4234 clommov. Council CITY OF BUFFALO June 18, 2009 Gerald Chwalinski, City Clerk 1308 City Hall Buffalo, NY 14202 *: F. Kowsky -Letter of Support -Heath House & Davidson House Dear Mr. Chwalinski, Please file the attached document for the upcoming Common Council Session to be held on June 23, 2009_ Thank you in advance for your assistance in this matter. Sincerely, J mes S. Pajal, Thief of Staff C a p p rf F ! Francis R. Kowsky 62 Niagara l Boulevard, Buffalo, NY 14214 (710) 836 -6069 June 17, 2009 City of Buffalo Common Council Chief of Staff 65 Niagara 5cl # 1413 Buffalo, NY 14202 Dear Common Council member kowskyfr(r),gi nail.cotn 3 I would like to voice my support for designating Frank Lloyd Wright`s Heath House and Davidson I louse as local landmarks_ These two buildings are among the most important architectural monuments in Buffalo. With the .Darwin Martin House, they furin a group of buildings that epitotnizes the prairie Style of architecture and represents an important part of the legacy of the Larkin Company. It is appropriate that the community should protect these nationally recognized resources for present and. future generations. if these houses cannot pass the test of significance, few other structures in the city will- With designation, the owners can rest assured that the value of their property will be protected, and the community can be confident that a significant portion of its history will be preserved. As someone who .lives in a house listed on the National Register of Historic Places, I would urge the owners of these properties to embrace landmark designation. Moreover, because of the controversy that arose concerning construction of a high rise apartment building on Gates Circle, residents of Soldiers Place, especially, should be alert to the merit of landmark designation. Sincerely, 0006 "') Menlo To: Aaron Siegel Copy: The Parking Board Buffalo Civic Auto Ramps Board Mayor Byron Brown Cornnnon Council "l he Partnership Board of' Directors I °rotas: Carl Paladino Date: June 1 0, 2009 I have your memo of-)rune S, 2€ 09. 1 would be happy to debate the issue with you before the Common Council or at any other forum that you feel appropriate. I'm sorry that you took exception to nay remarks. `1'lrcy were meant both to educate and be responsive to the arrogant rnenlos that you authored and that I have read and to the discussion at the last Parking Board nnecting. I believc that you are way oll" base in your interpretation of the true mission of Municipal Parking and as such a debate is appropriate. rA REF ERR F F) ` T9 � ; (0rkr WIN �1,.,k,E URS z � I' ;i d hlPc 1, 7009 Buffalo City Hall At[: City Clerk 65 Niagara Square City ol'Buflalo, .Lrie County, N.Y. 14202 Ile: Verizon Wireless Bison Storage Site .1502 Niagara Street City of Buffalo, Erie County, N.Y. 14213 fo Whom It May Concern. In 2005, the Federal Comm itmications Commission {FC'C;) revised the Nationwide Programmatic Agreeuient (NPA) regarding the effects of new telecommunications towers on historic properlics as defined in Section 106 ot'the National I Iistoric Preservation Act (NI IPA). Section V of the NPA require'; local government notification as part of Section 106 of the National I listoric Preservation Act (NAPA), as amended, consultation process Im new tower sites. This letter serves as the applicant's written notification to the local government having primary land use jurisdiction where fl proposed site is located. 'lrerizon Wireless proposes to remove two sets (if panel -type antennas and replace them with three bets of panel -type antennas in the same location on the roof of the Bison :storage Imilding at 1502 Niagara Street in the Oty of Buffalo, N.Y. Additional equipment - will be placed in the existing interior equipment room. The project site has been highlighted on the portion of the USES Buffalo NW Quad Sheet (attached) for vour review. In -rddition, the NPA requires that a written notice be provided to the public of the planned w4-1-communications tower. Please post a copy of this letter in a public area. Public comments on the proposed tower site may he provided to: .Randy Pekarski, (716) 856 -5636 x 1189. Please note that 111is letter is lust a notification of Verizon's intentions and that they intend to file for all necessary permits �� Ith the City of Buffalo when appropriate. I'i .)ark you in advance for your anticipated cooperation. �'uurs trul�. I1ZS C ORPORATION Rardv S. Pekarski [ s hard I'lt mm a ! k'ilu: I l 175951.00000 (( -1) URS Corporation 77 Goodell Street Buffalo, NY 14203 f el: 716.856.5636 r Fax: 71.6.856.2545 � ' Name: BUFFALO NW Date: 5128/2009 Scale: I inch equals 2000 feet ■ • 1� too. t .Fl Location: 042 N 078'53'54,9" W Caption. VZW Bison Storage ■ jh k Name: BUFFALO NW Date: 5128/2009 Scale: I inch equals 2000 feet ■ • 1� too. t .Fl Location: 042 N 078'53'54,9" W Caption. VZW Bison Storage ■ UUn -18 -U9 93 an FrummL`S Dept. 61 HUG 0001 1h N r Al Q �' AIV of- Ms. Jacqueline E. P-ushton Senior Lc Assistant islative Buffalo Corrmon Council 65 Niagara Square, NY, Room 1413 Buflift, NY 14202-3319 y eax Ms. Ru shton: Devitopment /Aw [J � This letter i, to acl:ljowle-dp receipt of your letter dat,xl June 12, 17ep rtment to comment on Rcsohait)n #93 adopted by the, �isf1L o Cote June 9, 2009. Please be advised that the Department declines to comment or oth involved ill what is essentially a local matter between the M, and City Cordially, oAniia Aniello UDepLity Regional Director C "W �' 1 y '.' 4 p��p t J y , 1 M 264 9246 T °963 P_[1621002 F-i95 U.S. Department of 1 fousing and I rl~ 'N'ew York Stag; Office Jacob K. Javils Federal j3Lj1]ding 26 1 Plaza C',W YOrk, Nc:w York 10273 -0068 hlrp: //w �v�x irud.gnv/to - /ny n / .lane 18, 2009 ?9 asking aur Council on se boeomo tncil_ V V 0 6 S �r t ' County of Er MARK G. POL ONCARZ COMPTROLLER Jane 15, 2009 Hon. Byron Brown, Mayor City of Buffalo 201 City Hall Buffalo, New York 14202 Hon. Andrew SanFilippo, Comptroller City of Buffalo 1225 City Flail Buffalo, New York 14202 Re: City of Buffalo Cellblock Payments to Erie County (Second Request) Dear Mayor Brown and Comptroller Sanl On May 20, 2009 1 sent you a letter requesting that the City of Buffalo ( "City ") pay outstanding amounts due and owed to Erie County ( "County ") pursuant to the 2004 agreement between the City and County regarding the County Sheriff's assumption of the Buffalo Police Cellblock function ( "Agreen ). The total amount owed to the County was $ 140,519.12 On June 12, 2009 nay office received a City payment of $70,259.56 Thank you for that partial payment. The City still owes the County $70,259.56 As stated above, your June 12, 2001 payment is a partial payment: it solely covers four (4) of the eight (8) quarters for which the City failed to make the escalation payment associated with the Cellblock pursuant to the Agreement. The County's acceptance of this partial payment shall not be deemed as payment in full of the entire amount due and owing. As such, this letter serves as the County's formal written request that the City immediately Pay the remaining X70,259.56 due and owing to the County under the Agreement. Pursuant to the guidance of our legal counsel, the Eric County Department of Law, we demand Payment of the S70,259.56 within thirty (30) clays of the elate of this letter. U 7 ERIE COUNTY OFFICE BUILDING • 95 FRANKLIN STREET, BUFFALO. NEW YORK 14202 TELEPHONE: 1716) 856 -8400 FAX; (716) 858 -8507 • INTERNET: wwvr.erie.gov Erie County Comptroller Office Letter on Cellblock to City of Buffalo June 15, 2009 f: Page 2 of 2 If you have any questions, please contact nee at 858 - 8404. Thank you for your timely consideration and cooperation. Sincerely yours, 4 ,7 L � I'orne Steinhart Deputy Comptroller LS /dt cc: Erie County Comptroller Mark C. Polonearz, Esq. Eric County Executive Christopher Collins Erie County Legislature Erie County Sheriff Timothy Howard Erie County Attorney Cheryl Green, Esq. Buffalo Common Council Buffalo Acting Corporation Counsel David Rodriguez Buffalo Police Commissioner 11. McCarthy Gipson Eric County fiscal. Stability Authority Buffalo l��iscal Stability Authority Dear Resident: On behalf of South Buffalo Development LLC (SBD), I am pleased to inform you that the cleanup and redevelopment of the former Buffalo Color site located at South Park Avenue and Elk Street has begun. SBD, which recently purchased the property, will demolish the buildings, clean up the site under the supervision of the New York State Department of Environmental Conservation (DEC), and redevelop it for light industrial /commercial use. SBD is working with Honeywell on the remediation. Allied Chemical sold the site in 1977 to Buffalo Color Corporation. Honeywell is Allied Chemical's successor and as a result is supporting SBD's cleanup efforts. Honeywell is still an active Buffalo business and community member with its Buffalo Research Laboratory located on Peabody Street and a manufacturing facility in nearby Tonawanda. Extensive precautions will be taken to protect health and safety during demolition and remediation activities. We will comply with the DEC, New York State Department of Health, New York State Department of Labor, Occupational Safety and Health Administration (OSHA), and the City of Buffalo regulations. Site preparation began in late April. Demolition of the first building is scheduled for 8 h . Demolition is expected to last approximately one year. A dust control and air monitoring program began in April with the collection of background air monitoring. The placement of air monitors around the site provides broad coverage, regardless of wind direction. As the work proceeds along this large site, the monitors will be relocated if necessary to continue to provide broad coverage. Results from air monitoring and schedule updates can be found on our website: www .buffalocolorredevelgment.co This project is a powerful example of how former industrial sites can be returned to productive use with the cooperation of government, environmental agencies, local developers, the community and corporate partners. We believe that the redevelopment and reuse of this site will provide significant benefits to the local community. SBD is an affiliate of Ontario Specialty Contracting -- a Buffalo -based company specializing in remediation and redevelopment of former contaminated sites. SBD has been accepted into DEC's Brownfield Cleanup Program for this property. In cooperation with DEC and Honeywell we will continue to update the community. Please let us know if you have any questions or need more information. Very truly rs Jon M. Williams Presid t South uffalo Development, LLC 333 Ganson Street • Buffalo, NY 14203 ♦ Ph (716) 856 -3333 • Fax: (716) 842 -1785 t' Introduction The New York State Department of Finviromnental Conservation (NYSDEC) is pleased to inform you that cleanup activities at the Buffalo Color Site located at 1337 South Park Avenue, 229 Falk Street and 85 Lee Street in Buffalo are expected to begin in Spring 2009. Cleanup work at the site will be performed by South Buffalo Development Corporation (SBD) as a volunteer it) New York State's Brownfield Cleanup Program (I3CP). The BCP provides incentives to private companies and current or potential site owners to clean rip and redevelop brownlields. Brownflelds are typically former industrial properties that have been impacted by contamination. This fact sheet is being sent to explain why cleanup of the site is necessary, what the upcoming cleanup work will involve, and how you can obtain inorc information. Site Background The Buffalo Color Site occupies approximately 42 acres of land adjacent to the Buffalo River. The area surrounding the site is currently zoned for heavy industry. For over one hundred years, the Buffalo Color facility has been involved in the continuous production of dyestuffs and organic chemicals. Certain soils and groundwater at the Buffalo Color facility (including some areas that are being addressed separately outside of the Brownfield program) have been impacted. In 2005, Honeywell, a potentially responsible party, conducted a cleanup effort called an Interim Corrective Measure (ICM). An ICM may be conducted relatively quickly to address an obvious problem impacting the environment and potentially threatening public health. The ICM included: Installing a groundwater Cxti'aCtiJn System in Area A to control migration of groujidwater to the Buffalo River; • Controlling the discharge location of gronirdwater in Areas B, C and F, using the existing sewer system; + Repairing a breach in the sewer sheet pile in Area E for proper water drainage at the site; • Performing stream bank erosion control in Area .A: and • Property disposing all hazardous materials generated during cleanup at an off -site permitted facility, Additionally, in 2006 1Ioneywell voluntarily removed over 1.5 million pounds of potentially hazardous chemicals abandoned at the facility by the bankrupt former operator, the Buffalo Color Corporation. These measures addressed some, but not all, of the contamination associated with the site. South Buffalo Development Corporation officially acquired the property early in 2009 and plans to renrediate and redevelop the site for commercial of light industrial purposes. SBD developed a cleanup plan, called a Remedial Work Plan, and presented it at a public meeting in September 2008. After the public comment period on the plan concluded in October 2008, the plan was modified to reflect corninents made by the public and review agencies. Highlights of the Upcoming Demolition and Cleanup Activities .� G Initial demolition activities at the site started in May 2009, with more extensive demolition work to follow thereafter. Deal time air monitoring for the community will be performed and can be viewed at: www. bufl <docoloi The Remedial Work Plan states that the onsite soil and groundwater cleanup will i.nvolve: • Excavating contaminated soil at the source area oil Area E and properly disposing it, and installing a cover system over the excavation as well as on Areas A, B and C; • Continuing operatiata of the Area A groundwater extraction system and installing a hydraulic barrier between the extraction system and the Buffalo River. Presently, the extraction system's groundwater wells are in close proximity to the Buffalo River. As a result, they are extracting both contaminated groundwater and non- impactcd river water. The barrier wall will effectively increase the capture of contaminated groundwater • Monitoring and controlling the floating oil present in affected wells; Monitoring and controlling groundwater in Areas 13, C and I?. and treating groundwater contamination with the appropriate remedial technologies (to be determined); . IIvalitatkng resioration of the riverba "tik along ca A; and • Collecting additional data to enhance the remedy. Next Stets Because of the complexity of the project, cleanup will occur in phases and is expected to take a number of years. During 2009, the asbestos abatcment, building demolition and remedial design work will continue. The remedy .for the soil and groundwater will follow after the design and is planned to be completed by 2012. NYSDEC will c011tinuc to update you about significant project milestones tlirangh fact sheets similar to this one. Wbo Should .I Call If I Have Questions About the Site? Questions regarding the investigation of this site arc welcome. Should you have any questions, please contact the following representatives: Environment Questions Ms. Linda Ross Project Manager NYSDEC 270 Michigan Avenue Buffalo, NY 14203 (716)851 -7220 Development Questions Mr. Ron Chapin Project Manager South Buffalo DevelopaneIlt 333 Ganson Street f3uft - alo, NY 14203 (716) 856 -3333 x319 Health Questions Mr. Cameron O'Connor, Public health Specialist NYSDOI l 584 Delaware Avenue Buffalo, NY 14202 (716) 847 -4385 Project Locations to View � �oe t Documents ,.,�.�....,._ Two locations have been established as document repositories to provide you with access to project information. Documents are available at: NYSDEC Region 9 Office Dudley Branch Library 270 Mi�l higan Avernic 2010 South Park Avenue Bufl:alo, NY 1.4203 Buffalo, NY 14220 (716) 851-7220 (716) 823 -1854 You may also view project documents on NYSDEC's. Region 9 Environmental Remediation Project Information page at litti)://w ww.dee.11K. >ov /chemical /3 � 4,00k f6i tile Buffalo Color envy under the Erie County heading. Li PETITIONS June 23, 2009 0007) J. Digiulio, Owner, Use 1669 Hertel for a Sit in Restaurant and Sidewalk Cale (Del)(hrg 6130) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD ��Y O FFICE OF THE C ITY CL ERIC GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics 65 NIAGARA SOUARF ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 551 -5431 FAX: (716) 851.4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: to be held in the Council Chamber, 13th floor, City hall On: � AT2:00 I'M 1 am also inlorined that this is the only Notice that the petitioner and or owner will receive, and that 111 ant not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the above. � i 1 = ' Print Na Agent O Owner) �ne # ATTENTION: PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER 851 -5086 � FOR PLANNING BOARD MEETING. City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report [Date 06108/2009 02:03 Phil Submitted By FILD GC Building Application u Paqe 1 A/P # 134341 Date / Time Processed 011121200911:24 Issued Final By GRUND Temp COO COO Expires Date / Time By Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name ca ption ...of -Worts COMMON COUNCIL APPROVAL REQUIRED SECTION 511 -59, FOR A RESTRICTED USE PERMIT 511 -55 IN THE HERTEL AVENUE BUSINESS DISTRICT. — PUBLIC HEARING/FEE REQUIRED — . CHANGE OF USE - IN A TENANCY OF A 1 STORY MASONRY MIXED -USE BUILDING, CONVERT USE FROM STOREFRONT TO SIT -IN RES OUTDOOR CAFE TO THE SIDEWALK IN FRONT OF THE RESTAURANT, PLAN REQUIRED. Parent A/P # Project # Project/Phase Name Phase # Sire /Area Size Description !, Address 1669 HERTEL BUFFALO NY 14216 - Location AKA 1677 HERTEL Contact 10 AC1217322 Name BARBARA HOLLAND Mailing Address 1669 HERTEL_ City BUFFALO ZIP /PC 14216 Day Phone (716)446 -0600 X Fax Occupant N From To Contact ID AC19878 Name HOLLAND BARBARA Mailing Address 1669 HERTEL AVE City BUFFALO ZIP /PC 14216 Day Phone Fax Occupant N From To No Addresses are linked to this Application No Addresses are linked to this Application 0787500001002100 Organization HISTORICAL INVESTMENT State/Province NY Country ❑ Foreign Evening Phone Mobile # Owner Y From 02/22/2005 To 05106!2007 Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 05/31/2009 To No Parcels are linked to this Application City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report hate 06/08/2009 02:03 PM Detail 1, PRIOR REQUIRED APPROVALS Comments No Comments PRIOR APPROVALS Bfto Arts Commission ❑ Arts Comm. Approval Special events City Engineering [_) Curb Cuts Encroachment ❑ Oversize Trucking ❑ Plumbers' Cuts ❑ Street Cuts City Planning ❑ Citywide Site Plan ❑ Subdivisions ❑ Urban Renewal City Survey ❑ Address Permit [] Development ❑ Flood Plain City Survey (con7) ❑ Subdivisions Common Council ❑ Admin. Office/Apts. R4 [) Beauty Parlor R2 ❑ Canopy /Marquee ROW [) Freestanding Sign ❑ Human Service Facility ❑ Portable Sign in ROW Restricted Use Permit ❑ Other Environmental Review ❑ S.E.Q.R.A. ❑ N.E.P.A. Law Office ❑ Insurances Check ❑ Title Held Detail 2. PLAN REVIEWS Comments No Comments PLAN REVIEWS Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review M Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review Plumbing Code Review Electrical Code Review [..) HVAC (Mechanical) Code Review ❑ Elevator Code Review Fire Code Review GC Building Application Submitted By ELD Modified By GRUND Page 3 Modified Datell ime 01112/200911:22 Permit Office ❑ Asbestos Survey Asbestos Abatement ❑ Bond/Certified check ❑ Assessment Combination ❑ First insurances Check ❑ Public Works approval ❑ Notarized Permission/ forportable sign one year Lease showing Use (] Rodent/Vermin Bait encroachment ❑ Sewer/Water Cut E) Sewer Retention ❑ Simple Demolition ❑ Telecommunication ❑ Simple Plan Approval [_) Tree over 4" at 4' ❑ Zoning/Use Check ❑ Thruway Sign approval Preservation Board ❑ Zoning Variance ❑ Preservation District ❑ Contiguous Check Water Department ❑ New Water Supply ❑ Water Retention Modified By GRUND Modified Date/Time 01112/200911:24 Revisions Required [] Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd 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 HVACIMech. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau BACK B' HIGH FENCE 11' gERVICE p5t' AREA PUBLIC SIDEWALK ~�� DRIVEWAY --- No. 71 S. Koury & O- Support of The Proposed Slaughterhouse -1285 William The above petition is available for review in The City clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION v v - -t -11 NE, fiHi NNDERSIGNTM ARE IN SUPPORT OF T RTHER SUP ORT TH EXC ENSIVE AND MUCH NEEDED DEVELOPMENT E FU WHIM t JOBS ARE TO BE PROVIDED AND U EFI S OF HISSTAI LISIMENT ARE SERVICES FOR FRESH MEAT WILLIAM ST. IN THE CITY Or BUFFALO. WFAR- WILL ALSO OCCUR AS A RESULT. THE CT.TY. THE BEN ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS EGI.ON. REACHING 1`0 =( ALL COMMUNITIES IN THE WES 1. ;NNE Y 1- . j �� 1 PHONE Mk IG AT NA �� `� �, C �t I�• � � %�- -fit ` �`" t ,, , ., . f 7 i� e y �� L C ��'�;. • � ]i_.�. �. � t� LYE J� �iiL- � � � C.' r > YZ Vlf �C- A9 a WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMEN', WHICH WILL ALSO OCCUR AS A RESULT'. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WJJ.,f. ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAM PHONE �t 0 ----------- --- - ----- 7 *A c 21 c6lj THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 iLLIAM ST. rtN,THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT ,JHICI{ WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. N ME RE PHONE# (vd i (._ S N , 2z - - 1i 11 ........ _...:... - .J i,. . f t z 7� % +q WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT" THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN TIME CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR - REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE ,�5, PHONE # 1i C.J /c 4 el `: �� ` y �- r F N tr�Ai" LL 6 s ` e_. :� t rr `f v � y 1 l lvil /ff LJl .. q . � r :r , ax z ... J WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT, JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR !FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ES'IABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK RE-GION. NAME '$IGNATURE PHONE# I'k V ` R, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED ; S1 AU_GHTB OUSE, TO BE LOCATED AT 1 WILL," IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WALT, ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE TIME FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE PHONE # jf j s ! ✓. lu �. .. // V r I�Wl G A� i m 1 Ct. R c 1A 1 12( y , - 0!� -(tv r [ (3- --e-% r AW 4 _ {' fClk � j Y��1 `� j fLL %mil y- _ ilk ° l•'�'I�f � �� .'�j _ �� -A J � � f 1 WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WiLZ.IAM . IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ? T.SO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. {) NAME SIG TU PHON / � E # z3� r ��.✓/ ; A low) S CJ of ,;�/ d ! )' t lC. ` ' _... N � e E �S c V KN4 A T /I fh, 6-1 i Jraf /K'� OAI(Iff A 1i u� 7- 1 -1 qc 3 1 (A Mim M4- f ) l t i L'iAM a �s �. �5. 11 .1/ �� l ...__r r .... -. ,...._. _ ILM WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME �� f SIGNATURE PHONE # if 0 cu ' > f' •�� C� �' ��Cv�L� t'ti�� -cz��Y o �'€'�L� -L� �ur.x- _ Lc� r � — C_x�C >�� / � !!�t �L.:t 1. -�i�� '' "�� -.. f • • c:� � - O 1 C E e l . f cx r _. K/9, ,2f ; i [I - !a WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILI.I.!�M 5 . IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH VALL A :SO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY, THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NA ME SIGNATURE PHONE # I'i 2 s � - IN j :. E i' �✓ �� f � - � I 111 Cl Ll All f � JiJ2 —14 !. _ ll 2/G / gy p] J . , ki 2 J - f V � 9. / l j LLL _.; ✓ 3 f� r� VIE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 VVXLIAM,�T. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT VIH1C7ff ZVII..L AT,SO OCCUR AS A RESULT. IOBS ARE TO $E PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL p►NLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT A FAR:. X- EACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE PHONE # �Gc vii" i�!fGr;UV �� i �j /'( s ' a r _ F � / / r _ . 14 0 -Alm ... (�� l•Y C 1 �r .Is.; Ly f� i 2 61�1 A-2 WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1 WILLIAM cT IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WI .L ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. PAMB -, -- SIGN TORE f PHONE # WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FU"T"URE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION: NAME SIGNATURE PHONE # fed jell �•�4�� CI /f/ y �;'�° � 7f� i ay s ;IV:� v G , .3 q�7 F� I', l • f L I(ie 2 P 1 'r Er 7 5 i _w !a S 'v WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 yILL'A?\4 ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BE NEFITS OF 'T HIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. 600 NATU s PHONE# y 21 l /A� JL 'I -60 A f n -- 3 4' T klk r l ' j , ,.- '�G�\�i L�. �'�, 7 1 V y � �� J V 1� �.,� VW - -- �j A „� J � -✓ �� ._. ��`i'�,U fl3 (��... A�2 �_ A r �. / /jam (J / S [ MorAkA ffiolvol 4/71 k DL�' a u� C 600 WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH Or BUSINESS IIN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE x AR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE PHONE # KA Y ) C) un eC6,,tip - All : �6 f/ CAC t, Scq -let WE, THE, UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT I285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE PHONE # C j 12- X"7 i h rc - � r �1cys 3,5 ci t �U WE 'T4E UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 W? ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHI( -H WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR - REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE PHONE # . � , I < La . yr Iryl- \ . - -l tom_ ,' //� r �� _ �.. i - �� '�/ • �` � � ry �� j - � i< WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN T HE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS Itd THE CITY. Tx, PENEFITS OF THIS ESTABLISHMENT ARE FAR. REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. s ® SIGNATURE PHONE # -� , j ! 8 " L J J ...E -r _ AA j 5 f - jj , 47 G 6F fl r 4_9 D6 j WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS rN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE PHONE # . ZLPY T� 7, FAbK r� 9 We the undersigned are in support of the proposed Halal slaughterhouse to be located at 1285 William Street in the City ofBuffalo, We further support the the extensive and much needed development which will occur mooresult. Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far-reaching for all communities in the VVNYregion. PRINT NAME SIGNATURE ADDRESS PHONE NUMBER zz We the undersigned are in support of the proposed Halal slaughterhouse to be located at 1285 William Street in the City of Buffalo. We further support the the extensive and much needed development which will occur as a result. Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far-reaching for all communities in the WNY region. n PRINT NAME SfNATURE ADDRESS PHONE NUMBER IN't f AA . �, 3 lie, .......... d0 J i jNil I Cfl A 1', 0" V, )1, + k - 7 We the undersigned are in support of the proposed Halal slaughterhouse to be located at 1285 William Street in the City of Buffalo. We further support the the extensive and much needed development which will occur as a result. .lobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far - reaching for all communities in the WNY region. PRINT NAME SIGNATURE ADDRESS - _ PHONE NUMBER OL 1 jv-� YC r .....y 4 F_Y_ uy4z V4,.' Y i Z S We the undersigned are in support of the proposed Halal slaughterhouse to be located at 1285 William Street in the City of Buffalo. We further support the the extensive and much needed development which will occur as a result. Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far- reaching for all communities in the WNY region. WE, TIII UNDERSIGNED ARE: IN SUPPORT OF THE PROPOSED SLAUGHI'I R.IJOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO, WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESUI ;I'. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILT. ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN TILE CITY. THE BENEFITS OF THIS ESTABLISFIM.ENT Alo', FAR - FZEACI I iG FOR ALI. COMMUNITIE'S IN THI WESTF.,RN NEW YORK REGION. PHONE # NAME SIGNATURE X Ax x - q . 1 ( 1 Y' . x C �S 0 a =° 7 / ( d�f/ b - q 0 7/ V-- . ocp i4 __��.'�� '� /// _ /- � /, /._ � ill S ✓ _ _.,.._ '__'� "� _— • /� / � /{ }r''jJ�� rl]�� / /�� I `mm° ..J f _ - .mm_..r- .� —_ -_ -•� 7(6 4�r WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST, IN THE CITY OF BUFFALO. WE FURTHER SUPPORT" THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILT... ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR - REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE PHONE # X, �z r If"t` s :... t (` VA APS �;� v r - r c n! e Or r � V P j LA �.1 "... �j �j C - qz�� - � . V. r- X Ll d viol s 1 f [. '.. C., OCA� � A _tmf�;klK ctl -1 Wi ,,'1'IL1 UN13E�tSRINEi) AR F, IN Si71'I'C)R'1' ()I' TLIL PR P0SEL 5L.A1.IC�Ii 1L.xH0[JSi.., TO LSE LOCATED AT 1285 WILLIAMS— IN i fii. CI "TY Dih I3U1 l Ai3O. WE X UI AR1 I'?R�r P OVID1, ANI) J IQUI�S M UCH VICES FOR F E H MEAT�WI1 I. WI-IICI -] WILL. ALSO OCCUR AS A RESULT. JOBS ONLY L:NIjANCE TL1T� FI1`i`iJRF? GROW`I'I Oi" L3i1SINL'sSS Ily '�'f�L: CITY. TIIL's BENEFITS [)� 'I��IS ESTAi31,ISI�M�;N'I' Al2E FAR RTA(`1I1NG 1 E1R rII..L COMMi3i7'1ES IN , 1 , 111:, wFsTERN NEW Y0VK REGION. NAME .. � nc _. (? I - - .rs T C 16 ) (""' - . -- a G' 0 4 l) 30 ,?- 0 WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND .MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE, SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY, THE BENEFITS OF THIS ESTABLISHMENT ARE FAR - REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE PHONE # r f . V44 K 1 1 1 s &fLt a T "l t fJes f r j / / 'OA(Ax j Xln!L-o K) J t n- !J J Aj\N U "�' - - - N i c1� '- ;X` E' 'jSIV�. A W NI� MUCT� NI EDEA DSO M A C�WII...I RT [3 }� TII; k'ROT'051 D SL 11UGIf'I'sRHOI1Sf , I'O3>Js I.C)CATII A F.,'1'IfE UNUER�1C�NFD ARP: IN SUI PE) UI SFI�VES FOR FR WILLIAM ST.Ih1 � 13F CITY OF BUFFAI O- W[� ki]R'I'LI� R SUPPORT I HL jC IOI',S hRT I'O'BE PROVII)I =U ANTS UNIQ � 3 Wllft`:I1 C'Cl.1It. AS � IiT;SUI; I'. I3INIF[ O '1'S c7F T1�IS ESTAI3I,ISHML "'N`I' ARE FA - WILT, ALSO U ONLY ENIIANCI: `iHL FIJ`I`UIt GROW"'" OF3ITSINI'sSS [N 'I`IIF C,'I`I'f . ` ItI ACIIINC FOR. A LL COMMU3�ITI S IN TIII, WES'EI RN NI,W YRK FL:CYIO _ — pIlONF # —... _ SICi1�1/1Ti.JRL NAM - - CA .l r 7 t Y.; (jj 4 J � r df - t V J < 4 _- _ - _ _ t � . v. v ' } V c Nmv x Le - C , - _!1_� - - v — �'- _._ 1�- .. j 4 \t r U / ... — WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR - REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE PHONE # � t �_- n n �- s �_91 ! l A f d a rr ii— J All / _6u �__ r / 1� , (J JA �AlJ C J WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT I2 85 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR - REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION, NAME SIGNATURE PHONE # b - Ji al x F ` ! rtj c. f �5 e f� //� A- ., W'a WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED. AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR - REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. _ r AMEti SIG TURF PHONE # '.� 3 �3 A ell / . f 3 , ,256 x �oz �( l " 75 lo - 7P49-qw Y3 W- L f�,�.tI�fJ4:k WE, T HE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE PHONE # * 'N - o :a &35 w Kk- f /e. S� C� o - c f /c . - 3q 71 Tm v> to i 32 t _ �. 2`' A-1 - Nf f 11 01/ 1 WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1203 WILLIAM ST. IN THE CITE' OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT, JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY 1:, ITT � 'y =` E THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING OR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE . ..... ...... .. PHONE # o ° 7 -1 6�2 Qj . ,q r 7 Y3 y � ��'•/ t 6✓ - 4 -- f J�� l 6 A/, - ) !� f ' f �e t I y A' 24 a J J e t 5 ... �, S ,,. -6 "� _. 96) 500 I` WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 12 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS 114 THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE PHONE # LahiAl n / A ".._. 9 � / i. � ✓ � � _,� L/ '�' [yam v �... _ A dVv _ �(7 �' -5 I s / h� 1 �6 l✓ .... .., - X47 . -x= -_ -., .,:a "` °,_....�.. w, "'. .M1 °''�/ / C tx, L :6-3 WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILT. ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY LNHAN�2E THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. N AME SIGNAM `'µ = / ��I'HOE #� f t J - 111 Z cl (,a YV Vw �f l 4 Y` � L\ 1 1 , � .� t }�s tm r -� 3 L. : L. ka r.- } cq/14 6 &Am .s q 1�- -Z / / '� 0 (1 zq — `...� q WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1.2u WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT, JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY LNHAN :;E THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION, NAME SIGNATURE PHONE _# �a L L 6 2Z e W1111 W RWR l L Vv+�_�r 141 WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT' WILL ONLY hNHAM,'E THE FUTURE GROWTH OF BUSINESS IN THE CITY, THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE PHONE # to al ` y , s Y x�a - m 6 c ,, 0 K-- U'p l e e: 41 ®r�sim WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 12$5 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY LNHAN::E THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NATO SIGNATURE PHONE # �l l Ili Ihf SAO 1 `71I L-2- 1 1I� 1 r W Z+ L+4t �p r r�kd ��'� d �� ° k - � �'"' € � , �•�.� � ��.9 aid �l l Ili Ihf SAO 1 `71I L-2- 1 1I� 1 r W Z+ L+4t WE, THE U N ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR= REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE PHONE # i c y J � v r y S� t J n� P } / 7 Alf Off} i l�, _z_- WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BIENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE PHONE # . p r At iX t 72& - L- I I _ VVA o fir' a AN c per,'} �1 /y ! / 'f c•a f / Ll WE, ,SHE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM ST. IN THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILT. ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE PHONE #.. ( C J 1 r f �ns �•_ -X mss � - "`� l- G' �t1 .b V % `, �.. f fy.. 't'�Ct. -. - �l Lv l I 4 r ` i r t4 1 i`Z I G r t cl f ' t� WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1285 WILLIAM 5T. IN" THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT. JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE AENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION". NAME SIGNATURE PHONE # , WE, THE UNDERSIGNED ARE IN SUPPORT OF THE PROPOSED SLAUGHTERHOUSE, TO BE LOCATED AT 1 WILLIA2; i THE CITY OF BUFFALO. WE FURTHER SUPPORT THE EXTENSIVE AND MUCH NEEDED DEVELOPMENT WHICH WILL ALSO OCCUR AS A RESULT- JOBS ARE TO BE PROVIDED AND UNIQUE SERVICES FOR FRESH MEAT WILL ONLY ENHANCE THE FUTURE GROWTH OF BUSINESS IN THE CITY. THE BENEFITS OF THIS ESTABLISHMENT ARE FAR- REACHING FOR ALL COMMUNITIES IN THE WESTERN NEW YORK REGION. NAME SIGNATURE PHONE #. r We the undersigned are in support of the proposed Halal slaughterhouse to be located at1285William Street in the City of Buffalo. Wn furt support the the extensive and much needed development which will occur aaaresult. Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far-reaching for all communities in the VVNYregion. PRINT NAKE SIGNATUV 4DDRESS PHONE NUMBER ILt C. I tl� H - 7 I We the undersigned are kn support nfthe proposed Haia| slaughterhouse tobe located at1285 William Street in the City ofBuffalo, VVn further support the the extensive and much needed development which will occur onaresult. Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far-reaching for all communities in the WNY region. PRINT NAME SIGNATLYRE ADDRESS PHONE NUMBER EX ZJ Hd"Z hl v3 k4 f ' We the undersigned are in support of the proposed Halal slaughterhouse to be located at 1285 William Street in the City of Buffalo. We further support the the extensive and much needed development which will occur as a result. Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far - reaching for all communities in the WNY region. PRINT NAME SIGNATURE= ADDRESS PHONE NUMBER d 7� e f /n '�Z/ A�)_ka A, Ve y 4 k q ¢ vv o 4 / � V k (a { I C = zL. -.--- Ci L.�t /� l { We the undersigned are in support of the proposed Halal slaughterhouse to be located at'1285 William Street in the City of Buffalo. We further support the the extensive and much needed development which will occur as a result. Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far-reaching for all communities in the WNY region. PRINT NAME SIGNATURE ADDRESS PHONE NUMBER 7 tl Z, rol 6, o 1-7 r� 2 NEI j L 1 L\\-K-f ilw , �e/ai 12 LL A Z, rlk4/1-1 A P Q C n� . ....... ........... .. .......... qtr Y k zzrn Skms( 7�C r � kA .. . ..... .. . Jj 5 72 - J ''lF� d 4 � i �. � �2 � � ( � ` V V V�. ' Y8 V V f� l � V 4. ..i� i 4 _ �^ � � � � mm � W�� .......... kn We the undersigned are in support of the proposed Halai slaughterhouse to be located at 1285 William Street in the City of Buffalo. We further support the the extensive and much needed development which will occur as a result. .lobs are to be prodded and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far - reaching for all communities in the WNY region. PRINT NAME SIGNATURE ADDRESS PHONE NUMBER f IV C C\A -- �� l �1..T > �_ 9 .� € j We the undersigned are in support of the proposed Halal slaughterhouse to be located at 1285 William Street in the City of Buffalo. We further support the the extensive and much needed development which will occur as a result. Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far-reaching for all communities in the WNY region. PRINT N�ME GN ,�tUAE= �/ AYDRESS PHONE NUMBER 41 15 All V ln� 60-j C+ A rn6� U, 1U4 5 'W1&eS'6(v . ...... . ... - 7 L A� Zzz n f\ -i� - /VC 4&12 C t a � I We the undersigned are in support of the proposed Halal slaughterhouse to be located at 1285 William Street in the City of Buffalo. We further support the the extensive and much needed development which will occur as a result. Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far - reaching for ail communities in the WNY region. PRINT NAME SIGNATURE ADDRESS PHONE NUMBER Ale P A/I j V _' , 8 C \. b 4_'.✓"'J"�G'd .e.x 6�•v:: a"\.� .i`'� k�� -__' G � / i/ .r'r �9✓ r"�, Jj n!' r f gel. �,},� fin( A � ✓ ;e `. j1 /� //'p� '�. � }i g / �%,'�J tg /F _/J '/ -1 _j /r V r "! f 0 all 4 1 ( Z& i"10 t yt' s G" v �.. bc,6 &', AW04r/_ 4 4 y 6 We the undersigned are in support of the proposed Halal slaughterhouse to be located at 1285 William Street in the City of Buffalo. VVn further support the the extensive and much needed development which will occur mnmresult, Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far-reaching for all communities in the WNY region. PRINT NAME SIGNATURE ADDRESS PHONE NUMBER LA We the undersigned are in support of the proposed Halal slaughterhouse to be located at 1285 William Street in the City of Buffalo. We further support the the extensive and much needed development which will occur ooaresult. Jobs are tobe provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far-reaching for all communities |n the VVNYregion, PRINT NAME SIGNATURE ADDRESS PHONE NUMBER A 11 fiS I) ( .�� We the undersigned are in support of the proposed Halal slaughterhouse to be located at 1285 William Street in the City of Buffalo. We further support the the extensive and much needed development which will occur as a result. Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far-reaching for all communities in the WNY region. PRINT NAME SIGNATURE ADDRESS PHONE NUMBER .. . ...... .. ... . Nv 0 411f� ,i '5 K KA� Z c; 1 71- j A L 5 -A� . .. . ... .. ....... We the undersigned are in support of the proposed Halai slaughterhouse to be located at 1285 William Street in the City of Buffalo. We further support the the extensive and much needed development which will occur as a result. Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far-reaching for all communities in the WNY region, PRINT NAME SIGNATURE ADDRESS PHONE NUMBER Z' - 7 j) 6.. NN LA Z! ' V 1� Jf We the undersigned are in support of the proposed Halal slaughterhouse to be located at 1285 William Street in the City of Buffalo. We further support the the extensive and much needed development which will occur as a result. Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far - reaching for all communities in the WNY region. PRINT NAME SIGNATURE ADDRESS PHONE NUMBER f V r u '." i. V`�- ` ''l �! s4 'L'V 4f + �'�Y � U ^ „✓� e _ : f 6 I� ll y �/ :%t -- •�'— �^-- .�_— .._'_.,..,... •jai ,(�'�q f/97 � // . ;' . pr,�� Y rC d (, e Pop? , e/A t b A L Ya qqq ` efeR Jy S �r F „ t We the undersigned are in support of the proposed Haial slaughterhouse to be located at 1285 William Street in the City of Buffalo. We further support the the extensive and much needed development which will occur as a 'result .fobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far - reaching for all communities in the WNY region, PRINT !NAME SIGNATURE ADDRESS PHONE NUMBER f lftal r 14 A lv'z 14a�K, r' 7_� A V V . I t. WL W� W� 5 V �. tF A ea f s VVe the undersigned are io support ofthe proposed Halal slaughterhouse tobw located st1285 William Street in the City ofBuffalo. VVe further support the the extensive and much needed development which will occur ooaresult. Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far-reaching for all communities in the WNY region. PRINT NAME SIGNATURE ADDRESS PHONE NUMBER LA UA i j - hall 4 42)4 drl Ali 61i Pia� 9 _6 �, g e �1_1a._ 1 44 ki'll' I hi� e I _,�u t � � VV* the undersigned are|noupportofthnprnpmnodHaia|a|oughtorhouaetobek>omhadet1285VViUiannOtnaetinthoCdxnfBuffo|n. VVe further support the the extensive and much needed development which will occur anaresult. Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far-reaching for all communities in the WNY region. PRINT NAME SIGNATURE ADDRESS PHONE NUMBER A2R of 71r, o LV � <� v We the undersigned are in support of the proposed Halal slaughterhouse to be located at 1285 William Street in the City of Buffalo. We further support the the extensive and much needed development which will occur as a result. Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far-reaching for all communities in the WNY region. PRINT NAME SIGNATURE ADDRESS PHONE NUMBER 3A _ IS , /V6. 71 A C-D . . ................. 0. 4�QT7 L-A, j jr 7 __L� A�Xlz Z,,�tLld 7` 64 IN k ( I �Xl Z�, 9 R We the undersigned are in support of the proposed Halat slaughterhouse to be located at 1285 William Street in the City of Buffalo. We further support the the extensive and much needed development which will occur as a result. Jobs are to be provided and unique services for fresh meat will only enhance the future growth of business in the City. The benefits of this establishment are far-reaching for all communities in the WNY region. PRINT NAME SIGNATURE ADDRESS PHQNE NUMBER /zL L� z E lf - 2 -, ZL��/ -1. tva S 4 yya Kr, Cj, ep 1 /11 9 ��a �� °'pr, i��i�.�, F ;C.C!/1% /�'( o! �f �r �'�/j�°� -�'d p� /� �/ jC�� L',, � 57 kk Z Fm Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) 000`` Appt Special Assistant to the Chief Information. Officer (Exempt)(Cottman)(MIS) (ccp# 8, 619) Mrs. Russell moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Civil Service . City Clerk's Department BUFFALO June 26, 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. 73 PASSED June 23,2009 Appt Caulker Supervisor I (Prov)(Inter)(McManus)(PW) Gerald A Chwalinski City Clerk 10 f i _ Appt Caulker supervisor I (Prov)(Inter)(MCManus)(PW) (ccp# 17, 6/9) Mrs Russell moved That Communication 17 of June 9, 2009 be received and Filed and that the Provisional Appointment of Patrick M. McManus, 223 Dearborn St, Buffalo, NY 14207 at he Intermediate Salary of $38,580 is hereby approved. PASSED AYES - 9 NOES - 0 S (� Recommended by the Committee on Civil Service APPROW: Dri JUL - 6 2009 [J *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA * * * RUSSELL` SMITH A N [----- --- - -- - -� [MAJ- 51 * 9 0 [213 m 61 [314 - 7 Q 0 0 d Notices of appointments - Temp /Prov /Perm(Cty Clk) (ccp#i 32, 6/9) Mrs. Russell moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Civil Service FINANCE (Michael P. Kearns, Chairman) 000715 ��'.; Contract for Phase IT of the Citywide Video Surveillance Camera Project (Item No. 1, C.C.P., .Tune 9, 2009) That the above item be, and the same hereby is returned to the Common. Council without recommendation. Mr That ill Amendment Ni wireless securi P ed moved: Mayor be, and W hereby ween the City f Buffalo and camera n ork Phase Il . o a � Controls, Inc. for the city- Recommended by the Committee on F1 Chairman TAB:rmv TA Nvp60\msword\rniv\1 c6 -9c I (0 < I Mr. Kearns moved that the above item be recommitted to the Committee on Finance *AYE* NO;* DAVIS * * * FONTANA * '� FRANCZYK GOLOMSEK KEARNS LOCURTO RIVERA RUSSELL SMITH --- ---- ---- -- [ MAJ — 51 * 9 * D [213 ° 6 * '� [3 /4 a 7] 00071; r; L. Steinhart -COB Cellblock Payments to Eric county (ccp# 66,5/26) Mr. Kearns moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Finan � COMMUNITY DEVELOPMENT (Michael J. LoCurto, Chairman) M. LoCutto, etc -News Article -One Sunset Operations Criticized ( #39, 619) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development A YJ �U 00075 R. Fontana — Info Energy Savings from New Buffalo Impact (Item No. 34, C.C.P., May 12, 2009) (Item No. 62, C.C.P., June 9, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above - mentioned item be and the same is hereby recommitted to the Committee on Community Development. I ` Recommended by the Committee on Legislation1A'�� / hairman t: hvp60 ns%vordlrmVi02c6- 9c.doc /I 0007 9 Failing of All Correspondence Btwn COB & HUD Reg HUD's Recent C.DBG Program (except last res) (04, 5112) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development �i' 000 P 9 Report of Sale — 160 Orange (Item No. 14, C.C.P., May 26, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. LoCurto moved. at the offer from Mr. Allen E. Armstrong, residing at 158 Orange, in the sum of One Tho sand and Five Hundred Dollars ($1,500.00) for the purchase of 160 Orange, be and here y is accepted; and Th t the transfer tax, recording ces and cost of lcg�descript' shall be paid by the pure has r and . That t e Executive Direct , Office of Strategic Planning be authorized to repar the necessary d uments for th ransfer of title and that the Mayor be authorized to execute the same. ,Ras d- Recommended by the Committee on Community Development C `airman Tns:rmv T :1wp501tnswordlrmv119c5- 26c.doc Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED City Clerk's Department BUFFALO June 26, 2009 HUN. 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. 81 . PASSED June 23,2009 Report of Sale 400 Riley (Ell)(Strat Plan) Gerald A Chwalinski City Clerk ra c� P, 00 C :3C 200 �rtia 000 1 ft� l Report of Sale --- 400 Riley (Item No. 16, C.C.P., May 26, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mr. Robert Williams, Jr. and Mrs. Debra D. Williams, residing at 5729 Minnick Road, Lockport, NY, in the sum of Two Thousand Dollars ($2,000.00) for the purchase of 400 Riley, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Executive Director, 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. Passed. Recommended by the Committee on Community Development' chairman A P PR' 0 VE D JUL m 6 2009 TAB:rrnv TAwp601mswardlrmvl1 6c5 -26c l/ *AYE* NO * DAMS RIVERA * '� FONTANA RUSSELL * * * FRANCZYK SMITH GOLOMSEK * �` KEARNS * * * LOCURTO RIVERA * '� RUSSELL SMITH ------------- [MAT- 5] 0 [ 2/3 6 [3/4 - 7) City Clerk's Department BUFFALO June 26, 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. 82 PASSED June 23,2009 Report of Sale 282 Walnut (Ell)(Strat Plan) Gerald A Chwalinski City Clerk 00 r 00082 Report of Sale — 282 Walnut (Item No. 19, C.C.P., May 26, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Ms. Theresa M. Billingslea, residing at 278 Walnut Street, in the sum of One Thousand and Three Hundred Dollars ($1,300.00) for the purchase of 282 Walnut Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Executive Director, 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. Passed. Recommended by the Committee on Community Development,' Chairman TAB:m» JUL 0 TANvp601mswordlrmv1190- 26e.doc *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK �• YC ry: KEARNS LOCURTO R.IVERA RUSSELL �• YC ry: [-------- - - - - -] [MAJ 51 * 9 0 [ 2/3 P b ] [3/4 - 7 0008.E Filing of All Corresp Btwn. COB & HUD's Recent CDBG Program (Mayor) ( #S, 5126) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development r d City Clerk's Department BUFFALO June 26, 2009 HON. BYRWN W. BROWN MAYOR OF BUFFALO FINT Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 84 PASSED June 23,2009 Grant Perm to Essex Corner Neighborhood Assoc to Hang Signs on Essex Street Gerald A Chwalinski City Clerk C-) an ter jal 0008 Grant Permission to Essex Corner Neighborhood Association to Hang Signs on Essex Street (Item No. 75, C.C.P., May 12, 2009) That the Common Council grants permission to the Essex Cotner Neighborhood Association to attach signs on lampposts on the corner of Massachusetts and Essex as well as the corner of Rhode Island and Essex Street, in order to beautify and restore Essex Street and the surrounding area. That the signs must meet all requirements of pertinent city departments and that no existing laves are violated. Passed_ l It` f f ; Recommended by the Committee on Community Development j -; Chairman APPROVED T AB:rmv 1' :hvp6Oltnswordtrniv175c5- I2c.doc JUL - 6 2009 *AYE* NO * DAVIS FONT-ANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH -------------- [MAJ- 5] 9 0 [2/3 61 [3/4 71 LEGISLATION (Joseph Golombek Jr., Chairman) O0Oe Ordinance Amendment - Chapter 341 -- Property Maintenance (Fowl) (Item No. 11, C.C.P., June 16, 2009) j That the above item be, and the same hereby is, returned to the Common Council without recommendation. MrA Golombek moved: June 16, 2009; 5_Mw,ldment as coZveld. ed in Itei -� - , - C.C.P., same h by is an F' Recommended by the Committee on Legislation , Chairman, TAB : rmv T :\wp641niswor&jnv\ 1 I c6- 16c.doc d trXI 1 I`f Mr. Golombek moved that the above item be recommitted the Committee on Legislation 0.. City Clerk's Department BUFFALO June 26 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. 86 PASSED June 23,2009 R. Davis, Owner, Use 637 Fourth St for a Bicycle Shop, Outdoor Toy Sales & Hot Dog Cart (Ell)(hrg 6116) Gerald A Chwalinski City Clerk cx� ry 000(SG L. Davis, Petition to use 637 Fourth Street to Convert One Story Masonry to Bicycle Shop, Outdoor Toy Sales and Hot Dog Cart on ROW (Item No. 45, C.C.P., June 9, 2409) 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 June 16, 2009, the petition of L. Davis, owner, for permission to use 637 Fourth Street to Convert One Story Masonry to Bicycle Shop, Outdoor Toy Sales an"— ot on Right of way be, and hereby is approved. Passed. 1 ( 4_.. Recommended by the Committee on Legislation Chairman TAB:rmv APP t: hvp6Dl��swordl :nn�l�}5cG- 4c.doc fi=g sa,�� --_ *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO R.IVERA RUSSELL SMITH -------- - - - - -] [MA3- 5] * 9 * 0 ' [ 2/3 - 6 [3/4 - 7] City Clerk's Department BUFFALO June 26, 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. 87 PASSED June 23,2009 B. Bernatovicz, Agent, Use 470 Smith for a Ground Sign (Fill)(no pub hrg) Gerald A Chwalinski City Clerk c' co r— r7 ry :z; Bo®01 B. Bernatovicz, Petition to Use 470 Smith Place -- Ground Sign (Item No. 46, C.C.P., June 9, 20 09) That the petition of B. Bernatovicz, agent to use 470 Smith Place for a ground sign, 118" x 63" wide, overall height is 154 ", be, and hereby is approved. Passed. Recommended by the Committee on Legislation ( �4 Chairman TAB : rmv t:isvp60dnswor&l nr v146c6- 9c.doc J L 6 2009 *AYES` NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS * *` LOCURTO RIVERA * �` RUSSELL [MAJ s) 9 o [ 21 3 a 6 [3/4 - 71 City Clerk's Department BUFFALO June 26, 2009 HON, BYRON W. BROWN MAYOR OF BUFFALO F _si i Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 88 PASSED June 23,2009 B. Shafie, Agent, Use 402 Clinton St for A Ground Sign (Ell)(no pub hrg) Gerald A Chwalinski City Clerk JUN 2 9 209 �C .0 WJ 6Z Nflr 600Z X83 X10 00085 S. Shafie, Petition to Use 402 Clinton ---- For a Ground Sign J `' (Item No. 47, C.C.P., June 9, 2009) That the petition of S. Shafie, agent, for permission to use 402 Clinton -- for a ground sign, 65" x 96 ", with a 30" base, total height 8', be, and hereby is approved. Passed. Recommended by the Committee on Legislation Chairman TAB : rmv t:hvp6OViiswordl:miv147a6- 9c.doc I�� DAVIS * _ * * * * FONTANA * * * FRANCZYK * * _ * * * * GOLOMBEK * _ * * * * KEARNS * * * _ * * LOCURTO * * _ * * * RIVERA * * * RUSSELL * * WITH * * * * * * ^ |MAJ-51 * � * � * ' - - - [2/3 - 61 * * * [ 3/4 - 71 0009 j Accepting Monthly Real Estate Tax Payments (Assort) (##7, 6/9) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on .Legislation ;�� - 1`{ d00 Food Stare License — 177 Riley (Item No. 21, C.C.P., June 9, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Golombek moved: Th t pursuan Chapter 194 of e City e, the Commi ' of onomic Developm t, Permit and �o ervices be, and hez�b as authorized to graft - 2 Food Store Nce e to All Hababi located at 177 Riley d/b /a Buffalo Yeman Market Inc. Recommended by the Committee on Legislation Chairman T:hvp6O\mswor&miv12I c6 -9cAoo w J � T (,- flJ � •�. % q Mr. Golombek moved that the above item be recommitted to the Committee on Legislation M..• , City Clerk's Department BUFFALO June 26, 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 PASSED June 23,2009 Restaurant Dance License (Renewal) 2897 Bailey Ave(Univ)(EDPI) Gerald A Chwalinski City Clerk 0000'i Restaurant Dancing Class IV -- 2897 Bailey Avenue (Item No. 22, C.C.P., June 9, 2409) That pursuant to Chapter ISO of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to renew a Restaurant Dancing Class IV License to Hycinth Patterson, dlbla Caribbean Experience located at 2897 Bailey Avenue. Passed. Recommended by the Committee on Legislation Chairman- ---) i TAB:nnv t :lwp6alnisword \fitjv122c6- 9c.doc E D A '" P R 0 1 =J U L - 6 2009 *AYE* NO * DAVIS FONTANA * '� * * * FRANCZYK GOLOMBEK KEARNS LOCURTO * *` RIVERA RUSSELL [MAJ- 5 * 9 * 0 [2/3 a 6} [3/4 - City Clerk's Department BUFFALO June 26, 2009 HON_ BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, l present herewith the attached resolution item. No. 92 PASSED June 23,2009 Restaurant Dance License (Renewal) 681 Main St (Ell)(EDPI) Gerald A Chwalinski City Clerk CO ,I-- r-• {�tt - N 10: 0001 Restaurant Dancing Class III — 681 Main Street !' (Item No. 23, C.C.P., June 9, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter ISO of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to renew a Restaurant Dancing Class III License to Arthur Kwitchoff, d/b /a Town Ballroom located 681 Main Street. Passed. Recommended by the Committee on Legislation Chairman TA13:rmv t: Iwp601i3iscvordlrnrv123c6- 9c.doc _ R , FA 1 :1 OV e€ z U L - 6 2009 *AYE* NO * DAVIS * '� FONTANA FRANCZYK GOLOMBEK * �` KEARNS * *` LOCURTO * �` RIVERA RUSSELL cM MITI [ 2/3 ° 6 [3/4 a 7 00003 Slaughterhouse License — 1285 William (Item. No. 24, C.C.P., June 9, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: T t pursuant to C. ter 391 of the City the Commissioner of Economic Developm nt, Permit Inspects Services , and he here - y is aft ;oriz -tp grant a Slaughterho se .L nse to Yousef a d/bla Buffalo Halal Market Inc, located at 1285 William. __'a'd Recommended by the Committee on Legislation Chairman TA13:nnv t:1wp601mswordkrmv124c6- 9c.doc r� � Mr. Golombek moved that the above item be recommitted to the Committee on Legislation �r�• r City Clerk's Department BUFFALO June 26, 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. 94 PASSED June 23,2009 Used Car Dealer 954 Niagara (Nla)(EDPI) Gerald A Chwalinski City Clerk t._ �3 :no t19 !N 00094 Used Car Dealer License — 954 Niagara (Item No. 25, C.C.P., ,Tune 9, 2009) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to James Rhodes, d /b /a JTR Motor Car, located at 954 Niagara Street. Passed. Recommended by the Committee on Legislation r�-dh:� Chairman 'rAB:rrn t: 1Lvp601nrs , 6vordlrrnv125c6- 9c.doc A - - i li L - P H 0 1 r� D U L - 6 2009 J l *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH _---- '-- --- ----- -- ' - ---° AF 9^ [MAJ - 5 ] * 9 0 [ 213 e 61 [3/4 - 7] 0004 5f � y M. Gorman- Buffalo Homecoming 2009 Citybration (x`36, 619) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation,�4 r -- �rt 00000 J. Crewson, Petition to Use 19I Ganson Street to Include a Concrete Crushing Plant (Item No. 67, C.C.P., May 26, 2009) (Item No. 64, C.C.P., .Tune 9, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation, Mr. Golombck moved: That after F 6i l� earing before the Committee on Legislation on June 2, 009, the on of J. wson, age , for perms io to use to inclA a Cone rushing Pla nt e,, a hereby is approved. — I'asseT h F- Recommended by the Committee on Legislation Chairman TAB:rmv t:ltivp6Ultnswordl:rnrv167c5 -26c. doc {/ c 6 1 � P-A' Mr. Golombek moved that the above item be recommitted to the Committee on Legislation fit ►:iT'� Ta it 00097 J. Vega, Petition to Use 2 Russell for an Outdoor Patio ' (Item No. 68, C.C.P., May 26, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: . That the petitio of I- ga, for permissi to use 2 Ru ii to place an of c patio to the front of existing s� restaur , on city right -of -way mod• ce a barbeque rill to lfacade of the bui ' e, and hereby is approved. .-Ras Recommended by the Committee on Legislation TAB:rmv 1:1wl)f)Olms8A - 26e.doe /��j 11-7 Mr. Golombek moved that the above item be recommitted to the Committee on Legislation. City Clerk's Department BUFFALO June 26, 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. 98 PASSED June 23,2009 Second 1-land Dealer -3098 Bailey (Univ)(EDPI) Gerald A Chwalinski City Clerk r = co f" C7 P0 i�7 00058 Second Hand Dealer — 3098 Bailey Avenue (Item No. 44, C.C.P., May 26, 2009) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Secondhand Dealer license to Seyun Lee d/b /a Bailey Jewelry Inc. located at 3098 Bailey Avenue.. Passed. Recommended by the Committee on Legislation Chairman TAr3 :niiv t:\ , vp6O1nrs�vordlrmvi44c5- 26c.doc jai- -- 6 X009 'SAYE* NO * DAVIS * '� FONT-ANA FRANCZYK GOLOMBEK KEARNS * ' LOCURTO RIVERA RUSSELL * * [-------- - - - - -J [MAJ- 51 * 9 * 0 [ 2/3 - 6) [3/4 - 71 04 j` J. Anadolu, Agent, Use 500 Ashland for a HS1i (Del)(no pub hrg) ( #58,3131) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation �A'Iac — r Q City Clerk's Department BUFFALO June 26, 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. 100 PASSED June 23,2009 Food Store License -1266 Fast Delavan (Univ)(EDPI) Gerald A Chwalinski City Clerk -- W ®0�_00 Food Store License — 1266 East Delavan (Item No. 24, C.C.P., Apr. 14, 2009) 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 Mohammad Faroo d/b /a Sunoco Food Market located at 1266 East Delavan. Passed Recommended by the Committee on Legislation E hairman TAB:nuv '1':k%N l nisvvordtniivN24c4- 14c.doc UL -G2-00 *AYE* NO * DAVIS FONI'ANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL ---------- [MAJ- S] * 9 * 0` [ 2/3 0 6) [ 3/4 71 City Clerk's Department BUFFALO .dune 26, 2009 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. 101 PASSED June 23,2009 Food Store License -684 LaSalle (Univ)(EDPI) Gerald A Chwalinski City Clerk c7 r.� 0001 1 %. Food Store License — 684 LaSalle (Item No. 30, C.C.P., Mar. 31, 2009) 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 Ly Thanhdieu located at 684 La Salle d /b /a Peters Food Market. Passed Recommended by the Committee on Legislation P uAn `Chairman 3 b:. A P R E:,, D TAS:rmv } N)O T:hvp601mswordtrmv\3 Oc3 -3 I c. doc `AYE* NO * DAMS FONTANA * * * FRANCZYK GOLOMBEK * '� KEARNS LOCURTO * *` RTVERA * '� RUSSELL �-------- - - - - -� [MAJ- 5 * 9 * 0 [ 2/3 d 61 * '� [3/4 - 71 00409 Accepting Monthly Real Estate Tax Payments ( #82, 213) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 3 00 Dissolution of Bailey Amherst District Mngt Assoc(Assmt) ( 45, 10/28) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended b the Committee on Legislation Y g s r 0011 -04 Dissolution of Bailey/Amher st District Management Association (Item No. 69, C.C.P., Oct. 14, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. f►A above- meioned item bead the same is hereby ived and filed. Adopted. Recommended by the Committee on Legislation %V _ "� C airman 1- TAR mw f:lwpfi m,-vvordVn1v\09c10- .14c.dod Mr. Golombek moved that the above item be recommitted to the Committee on Legislation RESOLUTIONS June 23, 2009 W0 RESOLUTION By: Mr. Kearns RE: Grant Permission to the Greater South Buffalo Chamber of Commerce to Hand; "We're So Bflo" Banners on Abbott Road Whereas: The Greater South Buffalo Chamber of Commerce, requests permission to hang "We're So Bf1o" banners down Abbott Road in support of local businesses; and Whereas: The banners will be hang on June 30, 2009 and stay up indefinitely; and Whereas: The Greater South Buffalo Chamber of Commerce continues to support the local businesses and the banners will help promote each individual business in the Abbott Road area of South Buffalo; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to The Greater South Buffalo Chamber of Commerce to hang informational banners down Abbott Road to promote the local businesses; and Be It Further Resolved: That the banners will hang on Abbott Road from street poles #688, 41039, 4503, #842, #1016, 91166, #392, ##238, #537, #613, 4889, 9#1123 and #479; and Be It Finally Resolved: That said banners must meet all requirements of pertinent city departments and that no existing laws are violated. MICIIAFL P. KEARNS __- _D (s' Date: May 29, 2009 To: Marti Murphy, Councilman Michael Kearns' Office (Fax. 851 - 4294; Ph. 851 - 5169) From: Greater South buffalo Chamber of Commerce (Ph, 824 -9942, Fax: 825 -9174) Re: "We're So bflo" banner program Hi Marti, Below is the list of street pole numbers for which we are requesting permission from the Common Council to install the "We're So bflo" banners. "The banners will have the business names under the "We're So Bflo" logo. Thanks. Feel free to call us at 824-9942 with any questions. Banner Name city Pole # Caz Coffee Cafe 688 -- & Dog Ears Bookstore Imperial Pizza 1039 New Frontiers in 503 TBJ _ Molly Ma uire's 842 Kiddie Corner T 101 (i Child Care Center "Tracy's Retreat 1 166 Discount Trophy 392 Co. Mike Roeder's _ 238 Basil Resale South Mercy Hospital _ 537 Trocaire Colle 7e 613 Discovery 889 School Notre Dame _ 1.123 Academ Byrne lnsurance 479 Elgenc McKay's Clothin 1 V7 co 00i 0G, t 1 . RESOLUTION By: Mr. Kearns RE: Grant Permission to the Seneca Street Car Show Association to Hang Banner on Seneca Street Whereas: The Seneca Street Car Show Association will be holding their second annual South Btlffi,110 Car Show on August 9, 2009; and Whereas: The car show will take place along Seneca Street and will feature classic and antique cars, as well as music, raffles and other activities for all to enjoy; and Whereas: to order to promote this special event, representatives front the Seneca Street Car Show Association are seeking; permission to band and informational banner across Seneca St., at light pole 2131 ans 2.1.36; from July 9, 2008 through August 1.0, 2009; and Whereas: The City of Buffalo proudly supports the Seneca Street Car Show Association and their efforts to promote Seneca Street anti the South Buffalo Com►nr►nity; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Seneca Street car Show Association to hang an informational banner across Seneca Street to promote the Seneca Street Car Show; and Be It Further Resolved: That the banner will hang across Seneca Street, at light pole number 2131 and 2136, from July 9, 2009 through August 10, 2009; and Be It Finally Resolved: That said banners must meet all requirements of pertinent city departments and that no existing laws are violated. ICHAEL P. KEARNS F . � i�l� City Clerk's Department BUFFALO June 26, 2009 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. 107 PASSED June 23,2009 ., LL Intro #�VAmend Article #18 -The Charter of The COB in Relation to Appts to The Bd. Of Johnnie B. Wiley Stadium Gerald A Chwalinski City Clerk JUL - 8 2009 co c7 to 00T.01 By: Mr. Davis City of Buffalo Local Law No. (2009) Introductory No.." (2009) A LOCAL LAW amending the Charter of the City of Buffalo in relation to appointments to the Board of Johnnie; B. Wiley Stadium. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUF1 AS FOLLOWS: Section 1: That Article 18 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: § 18 -38. Board of Johnnie B. Wylie Stadium. The Board of Johnnie; B. Wylie Stadium shall be the head of the Division of Johnnie B. Wylie Stadium. § 18 -39. Appointment and Removal. The Mayor shall appoint, and may for reasons [seated] stated in writing after an opportunity to be heard, remove eleven [qualified electors of the city] votin mem nin of wh must be C ity reside for the term of four years from [May 15, 1994.] July l , 200 9' Members of the Common Council and Board of Education may make recommendations to the Mayor regarding; such appointments. The eleven [original] members [first] appointed on or before Jul 1, 2009 shall be appointed for the following terms: three for four years, three for three years, three for two years and two for one year, to be designated by the Mayor, from [May 15, 1994] Jim 1, 200 9, and their successors shall be appointed each for the term of four years. Vacancies in the board shall likewise be filled for the unexpired portion of such term. The Mayor shall designate from among; the members, the Chairman of the Board and may from time to time change such designation. T he Mayor may a a tnoint up to three additional nnernbers to the B to serve as non - votin m _ who can part icipate i n Board meeti s rg_gestios and recom to t he B oard. b sha not b e counted. as votiw memb for the purpos of off icial Be ard act or fo t he Pu of es tablish ing- a qu gru p so th the B oard ca _c bus iness. Section 2: Insofar as the provisions of this local law are inconsistent with the provisions of p any other local law or act, the provisions of this local law shall be controlling;. ult Section 3: This local law shall take effect immediately. ' Section 4: IT IS HEREBY CERTIFIED, pursuant to Section 3 -17 of the Charter of the City of Buffalo, that the immediate passage of this Local Law is necessary. ew-Pord" cou"W. Byron W. Brown Mayor NOTE: Matter underlined is new, matter in brackets is to be deleted. *AYE*NO* DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO * �` RIVERA RUSSELL` * '� [ MAJ - 51 9 0 [213 0 61 [3/4 d 7] City Clerk's Department BUFFALO June 26, 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. 108 PASSED June 23,2009 Moratorium on Issuance of Permits & Licenses Providing for Concrete Crushing Gerald A Chwalinski City Clerk Aft P �.a� N V 11 /..j�1.1;7 j T- [ ) f:;U 00!OS �f RESOLUTION Icy: biro Fontana RE: Moratorium on Issuance of Permits and Licenses providing for Concrete Crushing WHEREAS, The Department of Permits and Inspections Services and the Common Council have recently been approached with various applications for permits and licenses that would allow for the outdoor crushing; of concrete near residential neighborhoods; WHEREAS, It has been established that the elements contained in the dust generated from the conduct of such activities outdoors can spread to surrounding neighborhoods and be harmful to human health and cause adverse health effects to the residents of the City of Buffalo and interfere with the operation of other businesses; WHEREAS, The Common Council wishes to undertake an analysis of all those permits and licenses, which provide for this activity in the City of Buffalo, in an effort to prepare and pass legislation limiting said activity to areas that do not endanger the health, safety and welfare of Buffalo residents or neighboring businesses; WHEREAS, The Common Council wishes to restrict this activity during the pendency of said investigation to insure that no pending or future applicants for licenses or permits including said activity are granted in a manner that will adversely affect residents of the City of Buffalo; WHEREAS, The Common Council further seeks to limit the adverse impact such activities may have on the City's comprehensive planning and future development, near or around sites where such activities are permitted to take place; NOW, THEREFORE BE IT RESOLVED, That this Common Council hereby decrees, declares and enacts a moratorium on the issuance of all permits and licenses providing for the outdoor crushing of concrete and to the extent that said licenses or permits embody other activities not sought to be limited by this Resolution, hereby declares a moratorium on the operation of said permits insofar as they allow for outdoor concrete crushing for a period of six months from the date of the enactment of this Resolution; BE IT FURTHER RESOLVED, That this Resolution is not intended to limit the activity of incidental, short -term, on -site concrete crushing; at duly permitted construction or demolition sites to the extent necessary to accomplish the construction or demolition project as limited by the permits granted by the City of Buffalo and any other federal, state or local agency with jurisdiction over the conduct of said activities. Richard A. Fontana pp ,- i *AYE* NO * DAVIS * �` FONTANA * * * FRANCZYK GOLOMBEK * �` KEARNS LOCURTO RIVERA RUSSELL ' [MAJ- S] * 9 * 0 [z /3 e 6 [314 - 7) 00!09 RESOLUTION Sponsor: Mr. LOCurto RE: Main Street Reconstruction Project Median Maintenance Whereas: The City of Buffalo is currently involved in a multi - million dollar renovation of Main Street, including new streets, street furniture, crosswalks, and utility infrastructure; and Whereas: Part of this construction project involves the installation of medians containing plants, trees, and shrubbery; and Whereas: The medians were installed without a sufficient plan in place address long -term maintenance; and Whereas: There are dedicated residents and community groups in the neighborhoods abutting each section of the Main Street Reconstruction project who are dedicated to the beautification of their respective neighborhoods; and Now Therefore Be It Resolved: That this issue be referred to its appropriate committee for discussion with the Department of Public Works, the Office of Strategic Planning, City Forester, Main Street Reconstruction Project Staff, and residents of the neighborhoods surrounding the project. Michael J. oCurto REFERRED TO THE COMMITTEE ON FINANCE & DEPARTMENT OF PUBLIC WORKS 0010 Resolution RE: Permission to hang a banner for the Olmsted Park's Free Concert Sponsor: Michael J I.oCurto Whereas: The Buffalo Philharmonic Orchestra and Delaware Park are two icons of the City of Buffalo; and Whereas: The Buffalo Philharmonic will be giving a free concert on Wednesday, July 8, 2009 at 7 PM at Delaware Park; and Whereas: The Buffalo Olmsted Park Conservancy would like to hang a banner across Parkside Avenue between lamp post number 63 and a freestanding pole; and Whereas: The banner will be there from Tune 24, 2009 to July 10, 2009; and Whereas: Sponsors of this event are familiar with the banner requirements and will purchase the necessary bond before the banner is installed; Now, Therefore Be It Resolved: That the Common Council does hereby grant permission to the Olmsted Park Conservancy to hang a banner advertising the free concert of the Buffalo Philharmonic Orchestra in Delaware Park with a banner hung across Parkside Avenue from lamp post number 63 and a freestanding pole from Tune 24, 2009 to July 10, 2009. MICI-IA1 a LoCURTO /-�\ Q -0 4 1 No. By Mr. Smith Felicitations /In Memoriam Attached hereto are felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for Sam Jarrett, Jr By Councilmember Brian C. Davis In Memoriam for Reverend James E. Beathley By Councilmember Brian C Davis ADOPTED June 23, 2009 Titij of Tsurato Tontntatt Toultn't IN 1 EMORIAM Sam Jarrett, Jr. Whereas: .S'am Jarrett, Jr. was born on August 23, 1915 in Lanett, Alabama. As a youth, he worked for the Federal government as a plumber and pipe in Alabama Ile went on to help construct military Barracks for the U.S. Military during World War II; and Whereas: In 1941, Mr. Jarrett moved to Buffalo, New York and. became a member of the 1 Baptist Church and began working for the New York Central. Railr oad as a cook until 1955; and Whereas; After leaving working jor the railroads, he became a rrrechr�nrc -oiler at the General Motor',s River Road Plan/ in, Tonawanda, New York until his retirement; and Whereas: Sam 1arreU, Jr, became a Third Degree Mason and was an active in the community. Mr. Jarrett was a' ud Member- gfthe•William Emshe YMCA Senior Program and former President of the Ellicott Neighborhood Advisory Council. He was the founding nae�zl�er �t�td past President and Vice President {)f the .Ellicott District Concerned I'aypayers, Inc., now. . ow ltnow trs` °bllicotl District Community Development,, Inc.; and . Now, Therefore: Be It'Resolved That I, Rrian C Davis, Ellicott District Councilm on behalf of'a the residents of 'the Ellicott. District join in celebrating the life of Sam .Jarrett'.. Jr, fr�r`hrs Outstaddin achievements as a man and a servant to his community and Be It Further Resolved. That we, those here on earth, remain confident in the knowledge that M ng reached the end of his earthly journey, Sam Jarrett, Jr. has received his eternal and glorified rewired having heard the consoling wor4s, "Well Dine Thy Good and Faithful Servant, :and Be It Finally Resolved::: Thal Honorable City of Buffalo Common Council hereby proclaims` Tuesday, June 9 2009, "Sam Jarrett, Jr: Day" in the City oj' B uff aicr. a e �. Brian C. Davis 3 Ge old Ch w linski Ellicott District Councilmember City Clerk l � (fitu of TSuffato TOMMOU Tounril IN MEMORIAM REVEREND JAMES E BEATHI EY WHEREAS, On June 7 "' 2009, Almighty God, in His infinite wisdom, has removed frrrrn our midst Reverend .lames E. Bead ;ley in whose death we have lost a sincere and loyal friend,• his community, a valued and respected citizen; and his family, a kind and devoted member; and WHEREAS, Rev. Beathley was born. on October 15` 1928 to the late ..Mr. and Mrs. Claiborne Beathley in Woodville, 11%lissis,sippj, and IVIIEREAS, Rev. Beatldey eventually moved to Baton .Rouge, Louisiana where he :inet the future Mrs. Roseman y Gray Beathley, whom he wed in 1956 and relocated to Buffalo, .Anew York witlx in 1963, and WHEREAS, After working far soffit time in Bilffalo as an auto mechanic for City Service. call service, Rev. Beathley attended Roberts Barber ,School .and opened a Barber and Wheel cover she T where h� would work from 196 until 2001; and WHERF_AS, Rev. Beathley accepted Christ as his savior at a young agcy, was ordained at the Mt.. ::Aaron Baptist Church in 1976, and graduated as Valedictorian from the Refuge I`emple Bible, Institute. Hedwould weak at numerous congregations in various capacities, throughout his life serving Or ra time as Associated.Minister at the Second Temple Baptist Church, hec Pastor at the First Centennial Bal3tist Church in 7985 serving us Pastor Gat the New True F pith Baptist Church for three years uniting with the Revelation Balrtist Church co rzrnurrity wher e he.i'emairaed.lbithfial until his passing, and additionally was all active rnernher• of the Baptist Ministers' C6nference of ,Buffalo and Vicinity, and WHEREAS, Rev: Beathley was also a Thirty Third Degree Mason nf' the Marlin Luther King Lodge 47 Most Worshiljid Omega grand Lodge, AF AM Masons of the State of New York and was octave 4h the , local association (Western) E'rnpire State Congress & Convention as well as the National Convention; and WHEREAS, Rev. Beathley is survived by his wife of fifty -two years, Rosemary Gr* Becathley; one sister, Odessa Beathley; ten children, Aubrey, Geraldine, Carolyn ,Carrie, Paula Jane, Clffiton "Ralph, 'Pauleite, Norwood, Jacqueline and Yvette; thirty-three graria?children> twenty -five great -1 r�andchildren; two great -great grandehildr en; and many other extended fancily rnemhers`and friends. NOW, THEREFORE, BE IT.PROCLAIME.D, That this Common Council f1t`'the City of &t ffolo mourns the passing {?f roar• worthy and heloved Reverend Jatrres E. Beathley, and extends• this expression of heartfelt sympathy and wish fior God's speed of comfort to his, friends and family in this, their time of sad bereavenicnt. Zu j Brian C..Daavis Gerald 4 thioal Ellicott District C ouncilmernher City Clerk 00112 BY: DEMONE 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, 2090, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Michael Marcy Stacy L. Logan TOTAL 2 ADOPTED 0 Of - 13 : BY: DEMONE A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk_ William M. Nowak Barbara Nuchereno TOTAL 2 ADOPTED I% t ANNOUNCEMENT OF COMMITTEE MEETINGS The following; meetings are scheduled. All meetings are held in the Common Council Chambers, 13"' floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, June 30, 2008 at 9:45 o'clock A.M. following; Civil Service Committee on Finance Tuesday, June 30, 2008 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, June 30, 2008 at 1:00 o'clock P.M. Committee on Legislation Tuesday, June 30, 2008 at 2:00 o'clock P.M. Special Committees Special Committee on Budget Wednesday, July 1, 2009 at 10:00 o'clock AM in Room 1417 City Hall. Special Committee on Finance Wednesday, July 1, 2009 at 11:00 o'clock AM in Room 1417 City Hall (Public Disclaimer All meetings are subject to change and cancellation bathe res ective Chairmen of Council Committees. In the event that there is sufficient time iven far notification it will be rovided. In addition there ma be meetings set a whereb the Cit Clerk's Office is not made aware therefore unless we receive notice from the res ective Chairmen we can and make notification of what we are made aware. 00 i 1 5 f M21 Adjournment CIO 1--0 JYI/3 k�' On a motion by Mr. Montana, Seconded by Mr.16mni� the Council adjourned ate GERALD CHWALINSKI CITY CLERK June 23, 2009 COMMON COUNCIL ,tune 16, 2009 1:00 P.M. .1, Call For Special Session RAF 2. Orel. Amend. Ch. 341 Property Mai»tetiance (Chickens) �_ -- 3. City Employees Receiving; Multiple Sal�izies _ _ _CD 4. Adjournment ADOP`h r' COMMON COUNCIL CITY HALL — BUFFALO SPECIAL SESSION TUESDAY, JUNE 16, 2009 at 1:00 P.M. PRESENT: David A. Franczyk President of the Council, and Council Members Davis, Fontana, Gol6mhek, Kearns, LoCurto, Rivera, Russell, Smith - 9. ABSENT None. *AY ,E* NO DAVIS FONTANA FRAIVC.ZYK GOLOMBEK KEARNS LOCURTO * * RIVERA RUSSELL SMIT _ * * * [MAI 5] * 9 * 0 ( 2/3 - 61 [314 - 7 J Mr. Gerald A. Chwalh ski Pity Clerk. 1308 City I lall. Bufflalo, New York Dear Mr. Chwalinski: �4 ArT t NLfoultilil CITY OF BUFFALO June 16, 2009 C,/q I. t_- Pursuant to Section 3.9 of the Charter ofthe City of Buffalo, upon the written request of Five Counci (members, dated Jude 16, 2009 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Cormcil Chambers, City Hall, Buffalo, New York, on "Tuesday, June 16, 2009 at 1 :00 P .M. for the following puposes: To receive and take appropriate action on : All Items Relating "l'o 1.) Ord. Amend -- Chickens Ch, 341 2.) City Employees Deceiving Multiple Salaries Yours very truly, David A. Fra.nczyk. President of the Council GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics WILMER OLIVENCIA, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics June 16, 2009 TO EACH MEMBER OF THE COMMON COUNCH -,: OFFICE OF THE CITY CLERK z 65 NIAGARA SQUARE ROOM 9308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 YOU ARE I IEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City o f Buffalo, Ripon the written request of hive Councilmembers, dated June 16, 2009, DAVID A. I'RANCZYK, President of the Common Council, has called a Special Meeting; of the Con - imon Council, to be held in the Council Chambers, City IIall, Buffalo, Now York, on June 16, 2009 at (; o () .M. for the following; purpose: 1 1'o receive and take appropriate action on all items relating to 1.) Ord Amend. - Chickens 2.) City Employees Receiving Multiple Salaries Yours very truly, , Gerald A. Chwalinski City Clerk June 16, 2009 I Ion. David A. F'ranclyk President Common Council 1315 City Hal l Buffalo, New York Dear Sir: WE, the undersigned, tnetnbcrs of the Common Council, hereby request that you call a Special Meeting of' the Common Council and waive the 24 hour notice, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All. items pertaining to 1) Ord Amend Ch. 341 Chickens 2) City Employees Receiving Multiple Salaries We request that ths�_Special Meeting be held on June 16, 2009 at 1,{ Pursuant to Rule 2 of the Rules of Order of the Common Council. of the City of Buffalo, each of the following named members of the Common Council, to wit: BRIAN DAVIS JOSEPH GOL,OMBEK MICHAEL LOCURTO BONNIE E. RUSSF,L.,L RICHARD FONTANA MICIIAEL KE,ARNS DAVID RIVERA DEMONE SMITH hereby agrees that twenty -four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly called to be held on June 16, 2009 at i3OD M. STATE, OF NEW YORK COUNTY OF LRIf;) ss: CITY OF BUFFALO) On this 16th day of June 2009, before rne, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same;. Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12131.110 f t,), , - - By: Mr. Rivera Re: Ordinance Amendment Chapter 341: Property Maintenance The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 341 : Article 2 of the Code of the City of Buffalo be amended to read as follows: § 341 -11. Fowl. A. It shall be unlawful for any person to keep any chicken, pigeon, turkey, duck or any fowl in any residential or commercial district in any building or structure or on the same lot or pretniscs[.]ce plovided in sections 341 -11.1 throith 341 -11.5 hereof. B. It shall be unlawful for any person to keep any chicken, pigeon, turkey, duck or any fowl in any manufacturing district more restrictive than M2 in any building or structure or on the same lot or premises[.] except as provided in Sections 341 -11.1 through 341 -11.5 hereof §341 -11.1 Exceptions for Chicken Hens A. It shall be lawful for any person to keep, permit, or allow any domesticated chicken hens in any residential district under the followin terms and conditions: 1. No more than five () chicken hens shall be allowed for each single - family dwelling or multi- family dwelling, 2. No chicken hens shall be allowed in multi-family complexes, including duplexes without the expressed, written consent of the owner of the buildin and all tenants residing in the building other than the applicant. 3. No roosters shall be allowed. 4. Chicken hens are to be restricted to the rear or back and of an lot in a residential zoning district or the rear or backyard of a residential use in all other zoning districts. 5. Chicken hens shall be kept as pets and for ersonal use only no _ . person shall sell eggs or engage in chicken breeding or fertilizer production for commercial u oses. 6. Persons wishing to keep chicken hens within the City of Buffalo must obtain a license from the Office of the City Clerk after pUment of a one -time twenty-five dollar $25.00 fee and after insp ection and Approval of the coop and ca e that chicken hens are to be ke tin b an Animal Control Officer, pursuant to 341- -11.4 hereof. §341 -11.2 Chicken Licens Applieation CUntents A. The Application for such license shall include the following information: I. The naive, phone number, and property address of the applicant; 2. The location of the subject propgrt 3. The size of the subject property; 4. The number of chicken hens the applicant seeks to keep on the pyopert 5. A descri tion of any coos or cages that will house the chicken hens to ether with a description of fencing, barriers or enclosures surrounding the curtila e of the property, 6. A scaled drawing, showing the precise location of ca es coos enclosures fences and barriers in relation to property lines and to houses on adj acent properties; 7. A description of the manner by which feces and other waste materials will be removed from the property or will be treated so as not to result in unsanitqU conditions or in the attraction of rodents and insects 8. A signed statement from the pr9perty if the applicant is not the propgA owner granting the applicant pemission to en a e in the kMing of chicken hens as described in the license application; 9. A signed statement from any and all tenants of the building that they consent to the applicant's keeping of chicken hens on the premises; 10. The addresses of all properties within afifty S0 foot _r_adius . of the subiect property. §341 -11.3 Chicken Coop Setbacks and Limitations A. Setbacks 1. The coops or cages housing such chicken hens must be situated at least twenty 20 feet from door or window of a dwelling, other than the applicant's dwelling. 2. The coo Ds or cages housin such chicken hens mqy not be located in front or side street yard areas and shall not be located within five S feet of a side yard lot line nor within eighteen 18 inches of a rear yard lot line except where the rear lot line forms the side lot or front lot line of an abutting property, in which case the setback from such rear lot line shall be five S feet. No chicken hens shall be ke tin front yard or side street yard areas. B. Enclosures /Coops and Cages 1. The chicken hens shall be kept within both a coop and a fenced outdoor enclosure. 2. The chicken hens must be kept in the coop or fenced outdoor enclosure at all times and shall not be allowed to run free unless the rear yard where the chicken hens are housed is completely enclosed and a responsible individual over the a e of ei hteen 18 is on the premises. 3. The chicken coo shall be a covered predator-resistant well - ventilated structure providing a minimum of 2 square feet per chicken hen. 4. The outdoor enclosure shall be adequately fenced to contain the chicken hens and to protect the chicken hens from predators. 5. The coop must be kept in a clean, dry, and sanitary condition at all times. 6. The outdoor enclosure shall be cleaned on a regular basis to prevent the accumulation of animal waste. 7. The total area of all coops or cages on a lot shall not be greater than thirty -two 32 square feet for up to five 5 chicken hens. Coo s and ca es sin 1 or in combination shall not exceed seven 7 feet in height 8. The chicken feed or other food used to feed the ehicken hens shall be stored in a rat-proof fastened container stored within a structure which shall onl be unfastened for the retrieval of food and immediately re- fastened thereafter. C. Sanitation and Nuisances 1. Chicken hens shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, chicken hens shall not be kept in a manner that is injurious or unhealthful to any animals being kept on the property. D. Slaughtering 1. There shall be no outdoor slaughtefing of chicken hens. 341 -11.4 Review and Ex iration A. Initial Review. 1. Upon receipt of a chicken license application and the requisite license fee the City Clerk shall immediatel notif the Office of Animal Control of said application, includin the number of chicken hens sou ht to be licensed and the location of the proposed chicken coo or cages. The City Clerk shall immediately notif y those owners who own the p roperties within fifty 50 feet of the a licant's ro ert and provide them with an opportunity to provide comments as to their support or opposition to the proposed chicken coop. 3. The Common Council of the City of Buffalo and the Office of the Ma or shall also immediatel be notified of the chicken license application. 4. If the City Clerk receives no written comments evidencin o osition to or concern regarding the proposed chicken coop within twent da s of receipt of the application. he or she shall issue a license for yp to five chicken hens that shall be non- transferrable and valid for one year from the date of a satisfactory inspection of an Animal Control Officer which shall be subject to the renewal provisions set forth below. 5. If the City Clerk receives written comments evidencing o osition to the p roposed chicken coop and cage within twenty days of reccx t of the a lication he or she shall file with the Common Council: the complete chicken license application and all comments received regarding the application for its consideration thereof rS 6. The Common Council shall determine in its discretion and into account the entire record before it whether or not a chicken license shall be issued to the a ppli cant. The Common Council shall be empowered to impose further conditions on the license that it deems to be necessary to preserve the public health, safety and /or wclfare. 7. U L the approval of a ma'orit of the Common Council the Ma or shall take action on the license application in accordance with City Charter §3 -19. 8. The Office of Animal Control shall cause an inspection of the moposed chicken coop to be conducted to verify conformance with the provisions of 341 -11 through 341 -11.5 hereof within fo rty-five 45 days of the being issued a license. 9. After completion of the inspection by an Animal Control Officer and confirmation that the coop conforms to the specifications provided in the application approved by the City Clerk, the licensee shall be allowed to keep the number of chicken hens specified in the license on the premises. 10. A license issued to an appl shall include the licensee's ro er name the . p roperty address for which the license is valid the number of chicken hens allowed at the p roperty address , unique license number, the date the license was issued an expiration date exactly one year from the date of issuance and any conditions imposed by the Common Council. 12. Only one chicken license shall be issued per applicant and per property. No licensee shall be eligible to obtain a chicken license for multiple ro erties nor shall more than one license be issued to one property address. B. Renewal 1. On the first day of May of every year, the City Clerk shall file with and notify the Common Council, the Office of the Mayor and the Department of Femits and Inspection Services of all chicken hen licenses issued in the prior year, including the names of the licensees, the addresses the number of chicken hens licensed at said property the issuance and expiration dates of said licenses. 2. On or before June 1 St of every vear, the Common Council the Office of the Mayor or any other interested party shall file coml2laints received re ardin licensed chicken hens. 3. An complaints received regarding any particular chicken license issued shall be considered at a meeting of the Committee on Legislation at which the licensee and other interested party shall have the right to be heard concerning said license. 4. The Common Council maw in its discretion, not renew any chicken license for any reason after the licensee and an other interested party has been given an opportunity to be heard. 5. On June 1" of every year, the Common Council shall proceed to consider renewal of all chicken licenses issued as prescribed in Subsections 341.11.4B 1 -4 and ma revoke an license issued pursuant thereto. b. If at an time the Common Council is made aware of any complaints re ardin a p roperly licensed chicken it mayproceed to hear the complaints of aLiy interested party and the defense of the licensee at a meeting of its Legislation Committee and revoke the Iicense issued for and reason. 7. Except in the case of a chicken coop that is not pgrmanently affixed to the ground and is therefore mobile gny Iicensee shall first obtain a building permit in accordance with Chapter 103 hereof Mior to constructin or erecting a chicken coop not inconsistent herewith. i APPROVED AS TO FORM Asst. torporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. P :� r� RESOLUTION SPONSOR: Mr. LoCurto CO- SPONSORS: Mr. Kearns, Mr. Rivera, Mr. Fontana SUBJECT: City Employees Receiving Multiple Salaries WHEREAS: This Council continues to review and examine in detail the expenditure of Community Development Block Grant (CDBG) funds awarded by the US. Government to eradicate poverty within the City of Buffalo, NY, the third most impoverished City in the nation; and WHEREAS: The City currently passes its allocation of CDBG irionies on to and utilizes the services of, the Buffalo Urban Renewal Agency (BURA) to administer this funding; and WHEREAS: BURA administers the CDBG funding that i.t receives using various sub- contractors such as the Buffalo Economic Renaissance Corporation (BERC) and the Buffalo Neighborhood Revitalization Corporation (BNRC); and WHEREAS: After repeated requests from the Common Council., the .Media and most importantly, City taxpayers, the City Administration has finally begun to release certain. salary infor m.ation. for individuals who provide services to the City and are paid from CDBG funds; and WHEREAS: It has recently been discovered that numerous individuals are being compensated by the City of Buffalo, as well as by other allied City organizations, and appear to be enjoying dual - employment status by virtue of receiving two salaries one from the City of Buffalo paid by City taxpayers using the City {general Fund, and another salary(s) also paid by City taxpayers through federal CDBG anti- poverty funds administered by allied City Agencies; and WHEREAS: This does not represent the best use of taxpayer dollars and raises serious questions, specifically regarding the allocation of hours worked by these individuals while performing their duties. Individuals that are employed by the City in an appointed 1 exempt position are required by the terms of their eniployrnent to be on -call twenty four hours a day, seven days a week and three hundred sixty five days per year (24171365). This begs the question as to how these individuals can perform the duties associated with other positions for which they are receiving compensation and calling into question whether they are being paid twice for the same work; and WHEREAS: The multiple employment scenario also raises questions in the area of compensated leave tinge in the event an individual is on paid leave on the satire day for multiple positions literally resulting in them being paid numerous times for the same work day while doing no work at all; and J WHEREAS: Still other questions can be raised in the area of fringe benefits such as employer provided health and medical care, motor vehicles, cell phones, "Blackberrys" and similar telecommunication devices such as whether these costs are also being paid twice or allocated oil . a pro -rata basis between each organization; and WHEREAS: The information provided by the City Administration after lengthy delays continues to raise more questions than answers and is the subject of on -going reviews and investigations by the United States Department ofHousing and Urban Development (HUD) and the City Comptroller's office. NOW, THEREFORE BE IT RESOLVED: That this Common Council does hereby request that the following information be in riled with this Common Council for its review at its next Common Council meeting seheduled for June 23, 2000: • Rationale for justifying the need for two separate salaries for each of the positions classified as dual- employnrent (e.g.: for any individual employed simultaneously by the City, BURA, BERC or any agency or entity receiving City and CDBG based Funding), • The Job Specifications and /or .fob Duties, rninimnn educational, work experience and /or other pre- requisite requirements for such positions, • Sign -In / Sign -Out sheets, leave time records and / or documents evidencing the hours worked for each employer. RE IT FURTHER RESOLVED: That this Common Council hereby directs that certified copies of this resolution be directed to the City Administration, it's Departments of Human Resources, Cornrnunity Services, Corporation Counsel, and Audit and Control as well as BURA, BERC and BNRC to solicit their responses and filing of the information requested herein. BE IT FINALLY RESOLVED: That this Common Council hereby directs that this resolution be referred to its Committee on Community Development for further action and follow -up. Michael ;l. 6 urto Delaware District Council Member r David A. Rivera Niagara District Council Member ichael P. Kearns South District Council Member ( 07 - 70- Richard A. .Fontana Lovejoy District Council Member 1� No. 4 Adj ournment On a notion by Councilmember Fontana, Seconded by /�� m IT- � , the Council adjourned at `. 0` 3 F r1`1 GERALD A. CI-IWALINSKI CITY CLEIRK Board of Police and Fire Pension Proceedings #6 Office of the Mayor -201 City ball June 18, 2009 Present: Hon. David A. Rodriguez, Acting Corporation Counsel Gerald Chwalinski, City Clerk Darryl 'McPherson, City Auditor The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of June 2009 amounting to $3,740.00, and request that check be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of June 2009 amounting to $3,760.00, and request that check be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3. Noes -0. Received and Filed No. 3 On motion by Mr. McPherson the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:05 a.m.