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HomeMy WebLinkAbout09-0609-0521ssCORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, June 9, 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. ahmotion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting hef&on May 26, 2009 were approved. DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [ ------------- ] [ MAJ - 5 ] [2/3 - 61 [314- 7 *AY,I * NO * * * * * * * * * * * 9 * 0 * * June 9, 2009 4 FROM THE MAYOR June 9, 2009 _��'� +1.. ..� 4 �, 1�E } 12VI - �. ..1., . J 11,; A.' �!� _ i':). i {.ai. .i.l _. I3 ,'3.'.i : I B.I.E(. 1' Contract For Phase 11 o do ( tywidc video survcillancc catnera project- f'f,'IOR COIF C.1 , REFERPN(."E. (11, ANY) (: Phase 1, Itcin #2, C.C.P, 10/10/2007 TEXT: (T SINGLE SPACE BELOW) I a€n pleased to inform this Honorable Body ( Rein requesting the approval for a continuation of a contract with Johnson Controls, Inc. involving; the expansion of the Buffalo Police Department Wireless security Camera Network into .Phase II. T his phase of the project will encompass the purchase and installation of fifty -two (52) surveillance ca meras and technical support equipment, several optional items and continued maintenance and support for Phase I and II. This expansio n has been made possible throu-h the use of the second round of NYS Aid Incentive to '/lunicipalities (Efficiency Grant) fu nding, COPS grant fu €ding, JAG stimuhts funding;, Port Security grant fundingn and Drug 'Asset Forfeiture funds. These fifty -two (52) cameras will be added to the already existing neighborhood crime prevention network of seventy (70) cameras installed under Phase I and will provide the Buffalo Police Department and other first responders with further coverage in more areas of the City, in each council district, and access to real-tin video in c €nergency situations and evidence in criminal proceedings. Phase II incleules: fifty -o ne (5 1) surveillance cameras with installation hardware and supporting; software, structural engineering design, permits, performance bond and power to pole cams and backhauls ($2,182,461), options for ten (10) fixed carneras ($71,190), new camera monitoring room and additional work on existing camera room (,$320,000), shot spotter with 1aintenance ($438,230), mobile command center updates ($46,6 Erie Basin Marina observation tower camera, inctuding radar and infrared capabilities ($336,888) and continued maintenance and support for both Phases ($358,446): This brings the total possible cost of Phase 11 (if all options are exercised) to $3,753,829. Johnson Controls, Inc. was the lowest responsible bidder per the RhP issued on June 15, 2007 regarding this project and is now bein; requested to incorporate Phase 11 into this project. Approval of this contract extension will allow the City and the Buffalo Police Department: the ability to further enhance a very powerful and worthwhile law enforcement tool that has already provided improved safety and security of the City's .streets and public places. I appreciate your support for this contract extension. and for a project that has already produced positive results for the citizens of Buffalo. TYPE DEPARTMENT H E AD NAME: Hon. Byron W. Brown TYPE "TITLE: M• nr SIGNATURE OF DEPARTMENT HEAD: TO THVE, (,-,eipAM pEF ERRE i FIRST CONTRACT AMENDMENT BUFFALO WIRELESS SECURITY CAMERA NETWORK PHASE H This CONTRACT AMENDMENT entered the _ day of 2009, by and between The CITY OF BUFFALO, a municipal corporation of the State of New York, having its principal offices at City Hall, 65 Niagara Square, Buffalo, New York 14202 (hereinafter the "City "); and JOHNSON CONTROLS, INC. a business corporation organized under the laws of the. State of Wisconsin, having its principal offices at 507 E. Michigan Street, Milwaukee, Wisconsin 53201, (hereinafter the "CONTRACTOR ") WITNESSETH Whereas, the CITY and the CONTRACTOR entered an Agreement pursuant to a Request for Proposals for a city-wide wireless security camera network; and Whereas said Request for Proposals anticipated installation of an expandable Security Camera Network of forty (40) cameras with provision for future additions to the network; and WHEREAS, the CITY determined that the CONTRACTOR's proposal met the requirements of the CITY at the lowest cost to the taxpayers of the City of Buffalo under all the circumstances; NOW, THEREFORE, in consideration of the mutual agreements set forth in the original agreement of the parties, the provisions of which are incorporated herein as though fully restated in this place, it is AGREED as follows: The CONTRACTOR shall provide and install fifty (50) polecams and one (1) permanent Mount Pole camera as set forth in the "Scope of Work and Clarification of Base Proposal for Phase Two in CONTRACTOR'S "City of Buffalo Wireless Surveillance Phase Two' proposal. CONTRACTOR'S "City of Buffalo Wireless Surveillance Phase Two' proposal is attached hereto and incorporated herein, as though fully set forth in this place, as " Exbibit A ". 2. The CONTRACTOR shall provide the CITY all services and equipment set forth in "Options for Phase Two, as set forth in section 1.0 of Exhibit "A ". 3. The price for such services together with goods, labor, permits, insurances and performance bonds shall be as follows: A. BASE PROJECT. Phase Two ---- 51 Cameras, in an amount not to exceed TWO MILLION ONE HUNDRED EIGHTY -TWO THOUSAND FOUR HUNDRED SIXTY FOUR DOLLARS AND NO CENTS ($2,182,464.00) as set forth at section 8.0 of Exhibit "A ". Such price shall include structural engineering design, all permits, performance bond for Phase Two, and power to Pole cams and Backhauls. B. OPTIONAL SERVICES. The CITY, at its option, may elect to exercise any or all of the following optional services as follows: OPTION #1. Ten (10) fixed cameras in an amount not to exceed SEVENTY - ONE THOUSAND ONE HUNDRED NINETY DOLLARS AND NO CENTS ($71,190.00); OPTION #2. New Camera Monitoring Room and re- working of existing camera room at a total cost not to exceed THREE HUNDRED TWENTY THOUSAND DOLLARS AND NO CENTS ($320,000). Such total work consists of: construction costs in an amount not to exceed ONE HUNDRED THIRTEEN THOUSAND ONE HUNDRED SIXTY -ONE DOLLARS AND NO CENTS ($113,161.00), plus technology costs in an amount not to exceed TWO HUNDRED SIX THOUSAND EIGHT HUNDRED THIRTY -NINE DOLLARS AND NO CENTS ($206,$39.00); OPTION #3. Gunshot detection and locator system, power included, at a cost not to exceed FOUR HUNDRED TWO THOUSAND FIVE HUNDRED SIXTY FIVE DOLLARS AND NO CENTS ($402,565.00). Should the CITY elect this option it shall also have the option to purchase maintenance for this option at an annual cost not to exceed THIRTY -FIVE THOUSAND SIX HUNDRED SIXTY -FIVE DOLLARS AND NO CENTS ($35,665.00); OPTION #4. Mobile Command Center telescoping tower and PTZ camera with DVR and trailer mesh integration at a cost not to exceed FORTY -SIX THOUSAND SIX HUNDRED ELEVEN DOLLARS AND NO CENTS ($46,611.00); OPTION #5. Erie Basin Marina Observation Tower camera, radar unit and Huntley Station camera at a total cost not to exceed THREE HUNDRED THIRTY -SIX THOUSAND EIGHT HUNDRED EIGHTY -EIGHT DOLLARS AND NO CENTS ($336;$88.00). C. MAINTENANCE FOR PHASE ONE AND PHASE TWO The CITY may purchase maintenance services from the CONTRACTOR, as set forth in Section 11.0 of Attachment A, on a year -to-year basis. Such services shall be priced as follows: Year 2 Phase 1 and 2 July 12009 —June 30, 2010 $358,446.00 Year 3 Phase 1 and 2 July 120 10 —June 30, 2011 $394,022.00 Year 4 Phase 1 and 2 July 12011 —June 30, 2012 $410,374.00 Year 5 Phase 1 and 2 July 12012 - -June 30, 2013 $439,326.00 4. The CONTRACTOR shall commence work immediately upon final execution of this contract and the final delivery to CONTRACTOR by CITY of all locations for said cameras. 5. Ownership of Materials All finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials resulting from this Contract shall become the property of the CITY upon final approval of the final report or upon request by the CITY at any time before then. The CITY may use, extend, or enlarge any work produced under this Contract without the consent, permission of, or further compensation to the CONTRACTOR. 6. Termination. The CITY may cancel said Contract for any reason without cause upon thirty (30) days written notice, except that if either party fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of this Contract, the other party shall have the right to terminate this Contract, if the default has not been cured after a ten (10) days written notice has been provided. If termination shall be without cause, the CITY shall pay contractor all compensation earned to the date of termination. If the termination shall be for breach of this Contract by CONTRACTOR, the CITY shall pay CONTRACTOR all compensation earned prior to the date of termination minus any damages and costs incurred by the CITY as a result of the breach. If the contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared 3 by the CONTRACTOR under this agreement shall, at the option of the City, become the property of the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability for damages sustained by the CITY as a result of any breach of this Contract by the CONTRACTOR. The CITY may, in such event, withhold payments due to the CONTRACTOR for the purpose of set -off until such time as the exact amount of damages due to the CITY is determined. The rights or remedies provided for herein shall not limit the CITY, in case of any default by the CONTRACTOR, from asserting any other right or remedy allowed by law, equity, or by statute. 7. PAYMENT. The Contractor shall be paid upon monthly invoices detailing the specific deliverable provided during the billing period. The City shall maintain the right to withhold 10% of each invoiced payment until completion of the work and final acceptance of the work by the City. INDEMNIFICATION, The CONTRACTOR agrees to defend, indemnify and hold harmless the CITY against any and all claims arising from the negligence of the CONTRACTOR, its employees, officers, subcontractors, agents or assigns in the performance of this agreement. 9. INSURANCE. The CONTRACTOR agrees to maintain in full force throughout the period of this contract liability insurance in the following types and amounts: Commercial General Liability Insurance, including Products and Completed Operations coverage in the aggregate sum of $3,000,000 Automobile Liability Insurance, including .owned, non -owned and hired auto coverage in the aggregate sum of $1,000,000; Excess Liability Insurance in the aggregate sum of $1,000,000; and Workers Compensation Insurance in New York statutory form. The CONTRACTOR agrees to include the CITY as an additional named insured on its policies of General Liability and Automobile Liability, and further agrees to produce certificates of insurance evidencing each required coverage prior to commencement of work pursuant to this Contract. 10. NON ASSIGNMENT. This Contract anticipates the particular services of the CONTRACTOR, and CONTRACTOR shall not assign, transfer or otherwise dispose of this contract, or its right title or interest therein, to any person, firm or corporation of any nature, except that moneys due to the CONTRACTOR and approved for payment by the CITY may be assigned by it to any bank or financial institution that renders financial assistance to the CONTRACTOR on this work. 11. NON - DISCRIMINATION. In accordance with section 220 -e of the New York State labor Law, if this contract is for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within New York State, the CONTRACTOR agrees that neither it nor its sub - contractors shall, by reason of race, creed, color, disability, sex or national origin. (a) discriminate in hiring or promotion any individual who is qualified and available to perform the work; or (b) discriminate against or intimidate an employee hired for the performance of work under this Contract. 12. MAINTENANCE OF RECORDS. The CONTRACTOR shall keep and maintain all books, documents, papers and other evidence, including electronic records, directly pertinent to the performance of work under this Contract in accordance with generally accepted accounting principles. The CITY and its Comptroller shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying for a period of six (6) years following final payment or the termination of this Contract, whichever is later, and extensions thereto. "Termination of the Contract" as used in this section shall mean the letter of completion of the work of the Contract or the end date of the term of the stated in the contract. 13. MBE/WBE GOALS. In addition to the conditions as specified in the Request for Proposals related to the employment of Minorities and Women, the CONTRACTOR shall use its best efforts to comply with the New York State Requirements pertaining thereto. The goals established for this contract are: 25% MBE; 6% WBE; and 10% EEO. 14. LIVING WAGE. The City of Buffalo Living Wage Ordinance requires that employers holding service contracts with the CITY having a value in excess of $50,000 and employing more than 10 employees shall pay a living wage. The City of Buffalo Living Wage Ordinance requires annual adjustment of the living wage in January of each calendar year. For the year 2009 the City of Buffalo Living Wage is $10.30 per hour with health insurance or $11.57 per hour without health insurance. 15. APPLICABLE LAW. This contract shall be interpreted under the Laws of the State of New York. Venue for any controversy arising under this Contract shall be in the County of Erie, State of New York. 16. This Amendment shall be in addition to any and all terms of the underlying agreement except where terms of the underlying agreement are specifically modified herein. 17. AMENDMENT. This Contract may not be amended unless such amendment is agreed in writing and signed by both parties. 18. NOTICES: All notices required or permitted under this CONTRACT shall be hand - delivered or sent to the appropriate party by first class mail, postage paid or by overnight carrier to the following address: To the C ,i Commissioner of Management Information Services City of Buffalo 1201 City Hall 65 Niagara Square Buffalo, NY 14202 To the Contractor: Johnson Controls, Incorporated Attention: Branch Manager 100 John Muir Drive Amherst, New York 14228 Either party may, from time to tune, designate by written notice pursuant to this section any other address or representative to which such notice or communications should be sent. 19. SEVERABILITY: If any provision of this CONTRACT shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this CONTRACT is invalid or unenforceable, then such provision shall be deemed to be written, construed and enforced as so limited. 20. WAIVERS: The failure of either party to enforce any provision of this CONTRACT shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this CONTRACT. 21. CONTRACT EXECUTORY: This contract shall be executory only to the extent that funds are appropriated and made available for the purposes herein, and 6 j the City of Buffalo shall have no liability in excess of or beyond such moneys appropriated and made available Dated: Dated CONTRACTOR CITY OF BUFFALO JOHNSON CONTROLS BY: APPROVED AS TO FORM ONLY FROM THE MAYOR - EXECUTIVE DEPARTMENT June 9, 2009 -r FROM THE OFFICE OF STRATEGIC PLANNING 00002 #1 (Rev_ 1/93) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: May 15, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 458 Massachusetts, 30' E Nineteenth Lot Size: 32'x 89' Assessed Valuation: $4,900.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from the People United for Sustainable Housing (PUSH), Mr. Aaron Bartley, 271 Grant Street, Buffalo, New York 14213 to purchase 458 Massachusetts Avenue. PUSH owns an apartment building at 455 Massachusetts, which is adjacent to 458 Massachusetts. They intend to use the vacant lot for additional green space and parking for their tenants. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Ninety Cents ($.90) to Two Dollars ($2.00), per square foot. The report of sale is that PUSH has agreed and is prepared to pay Four Thousand Three Hundred Dollars ($4,300.00), One Dollar and Fifty Cents ($1.50) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees_ am recommending that Your Honorable Body approve the sale of 458 Massachusetts to PUSH in the amount of Four Thousand Three Hundred Dollars ($4,300,00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CARLA A. KOSMERL TITLE: DIRECTOR 0..ADMINLSTRATION & FINANCE OFFICE OF SGI PLANING SIGNATURE OF DEPARTMENT HEAD: CAK:JPH:ck Reportsale458massPUSHlreal 0 t V a @ i s a N N b IV 4 4 CHENANGO !9 *! ST. d c a QX 18TI ST X07! • 8T el 8I � q SCALE OF TEE? N SQ 0 So raRrR�wir sRNaaaN�err srs,,as��r, Nec. � � � I A I 1 9 ON If If ESSEX .St' Ibe�oac <m�.sza 9 Q 7 d aa� v asnam� a�� b V M � P K f I p I T / � A I. D J! A p. I. � q• Z? A � s7 Z! 4 7 O 1 ►,r Q jj I!t TTi D lr'� I U. A d c a QX 18TI ST X07! • 8T el 8I � q SCALE OF TEE? N SQ 0 So raRrR�wir sRNaaaN�err srs,,as��r, Nec. � � � I A I 1 9 ON If If ESSEX .St' Ibe�oac <m�.sza 9 Q 7 d aa� v asnam� a�� b V M � P K i� Mr. Fontana. moved: That the above communication from the Office of Strategic Planning; dated May 15, 2009, be received and filed; and That the offer from the People United for Sustainable Housing (PUSH), Mr. Aaron Bartley, 271 Grant Street, in the sum of four thousand and three hundred dollars ($4,300.00) for the purchase of 458 Massachusetts, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted- Passed. TAB:rmv tAwp6MmswordVmvl i c6- 9 -09a. doc \n *AYE* NO * DAVIS FONTANA { * * * FRANCZYK GOLOMBEK * '� KEARNS LOCURTO .. ...................... . RIVERA RUSSELL S MITH T [ MAJ - 51 * 9 * 0 [2/3 - 6) [3/4 - 71 0006 # 1 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 18, 2009 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations Abandonment & Sale of 238 Ontario Street Parking Lot (Approx. 89 acres and 817 Tonawanda Street Parking Lot (Approx.11 acres) North District PRIOR COUNCIL REFERENCE: (IF ANY) Item No. 3, C.C.P. 5/13/2009 Ex. (Item No. xxx, _C.C.P. xxlxx /xx) TEXT: (TYPE SINGLE SPACE BELOW) In the above referenced item Your Honorable Body designated Ellicott Development Company (1093 Group, LLC), as the redeveloper for the above mentioned properties. The Developer will acquire and improve a portion of the existing parking lot for expansion of their building located at 827 Tonawanda Street and the future construction of a 14,673 sq. ft, retail facility. The Department of Public Works, City of Buffalo Planning Board and Land Use Planning Committee were contacted and there were no objections to the abandonment and sale of the parking lot. The Division of Collections and Department of Economic Development, Permit and Inspection Services were also contacted. There are no outstanding financial obligations owed to the City by the purchaser or code violations on other properties owned by the purchaser. In accordance with Article 27, Section 27 -4 of the City Charter a real estate appraisal of the property was conducted by Donna Reiner of Northeastern Appraisal Associates to estimate the Fair Market Value of the subject property. The appraiser has estimated the Fair Market Value to be THIRTY THOUSAND DOLLARS ($30 ,000.00). The appraisal report was submitted to and reviewed by the City of Buffalo Appraisal Review Board and the Board has recommended the value established by the Appraiser. �P Council Communication -- 24308 Ontario S'tr'eet cx o4 17 Tonawanda Page 2 May 18, 2009 am recommending that Your Honorable Body approve the abandonment/sale of the parking lots located at 238 Ontario Street and 817 Tonawanda Street to 1093 Group, LLC in the amount of THIRTY THOUSAND DOLLARS ($30,000.00). 1 am further recommending that the Executive Director, Office of Strategic Planning prepare the necessary documents for the sale and transfer of title and that the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME: Carla A. Kosmerl TYPE TITLE Director of Admin. & Finance, Office of Strategic Plannir SIGNATURE OF DEPARTMENT HEAD: _- " CAK:JPH:plg Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 18, 2009, be received and filed; and That the City of Buffalo does hereby abandon 238 Ontario Street Parking Lot (Approximately 89 acres and 817 Tonawanda Street Parking Lot (Approximately 1 i acres) and authorizes the City to sell such property pursuant to Article 27, Section 27 -4 of the Charter of the City of Buffalo; and That the Director of Real Estate negotiate with 1093 Group, LLC, for the purchase of 238 Ontario Street Parking Lot (Approximately 89 acres and 817 Tonawanda Street Parking Lot (Approximately I 1 acres); and That the Director of Real Estate report back to the Common Council with the results of negotiations for final approval. Passed. 2 TAB:rmv tAwp6Mrnswordlrmv12c6- 9 -09a. doe 1 *AYE* N-9 * DAVIS MUMMA FR ANCZYK GOLOMBEK KEARNS LAO R RUSSELL SMITH * ------------- [ MATT - 5] 9 0. - [2/3 6] f 3/4 71 FROM THE COMPTROLLER June 9, 2009 00( Certificate of Necessity Transfer of Funds Department of Public Works We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $100,000 be transferred and reappropriated within Public Works, as set forth below: From: Engineering 13112006 — 490000 — Freeze Funds To: 13296006 — 443301 Buildings — Equipment Repair 13296006 — 443200 Buildings --- Building Repair Dated: Buffalo, NY, May 20, 2009 WCEIVED AND FILED $100,000 $ 85,000 $ 15,000 /I Comptroller 0000 'e Yak f, �' ir 1� I P� ! i Y 0�" B 'UrFAL� OePARI N4EN I O At DET AND CONTROL CUM TROLLER'S 0F1 1225 C'i - r HALL BUFFALO, NEW YORK 1=1202 ANDREW A. SAN1 APO f0: C.;ouncilmembcr Fontana Tames S. Pajak, Chief of Staff FP\Oibl: Teanctte .Mongold, Deputy Comptroller .1Ef \NE l E'LY1. MO NGOLD, CPA 1s�r t;1 c()rarllz'�ror,l,z;1< DATE: May 26, 2009 R1 Response to memo dated April 30, 2009 related to information to be furnished at Cornrnon Council Budget Hearings The City Comptroller's Office received your mertno dated April 30, 2009 on May, 4, 2009, which did not allow for sufficient time to prepare the inlortnation as requested prior to our department's budget hearing with the Commoa C ouncil. We addressed your request verbally prior to the budget hearing. As a follow up to such discussions held and subsequently to a request from you to provide our responses in writing, following are such responses. • The City Coruptro tier 's Office does not have any employees within our department who have beeri . assigned a mobile teleco.n - imunication. device;. • `.t'he City Comptroller's Office has not assigned any vehicles to any employees within our department. ® The City Cotnptroller has been assigned a charge card. No other employee within our department has been assigned a gas, debit /change card, procurement card, or Metro bus or rail pass. Please refer to Attachment A regarding contemplated departmental travel and related costs. No employee of the City Comptroller's Office receives a salary from any allied city agency. 'file City Comptroller's Office has one employee whose salary is fully paid for fi grant funding related to Homeland Security compliance. This individual is a Senior Auditor whose current salary is $43,528. No other employees are either fully paid or partially paid from grant funds. ® The City Comptroller's Office does not have any personal service contracts outstanding, nor were any e ntered into during 2008/2009 or anticipated for 2009/2010. ® The City Comptroller's Office has not completed any NYS retirement system .forms CSC -20 providing for the re- employment of a retiree. If you have any questions or require additional information, please; don't hesitate to contact 111c, R "EH W —" ATTACHMENT A Description Comotroller "s Office: Meetings with rating agencies - to address finances of the City Annual NYS Government Finance Officers Association (GFOA) conference National GFOA Annual Meeting/Conference NYS Society of Municipal Finance Officers Meetings in Albany - various purposes NYCO.M meeting Division of Audit: Annual MUNIS Conference Annual NYS`'OFOA, conference Division cf Accountinc. Annual,MUNIS Conference Annual;NYS:;GFOA conference Division of Cash and Debt Manggement: Annual MUNIS Conference Annual NYS GFOA conference TOTALS Location New York City $ Albany Orlando TBD Albany TBD Meals & Registration Transportation Lodging Fees Total, 1,050 $ 1,500 $ 660 1,662 1,275 2,592 200 270 330 4,065 350 102 - $ 2,550 1,050 3,372 1 ,200 5 - 470 1,395 - 452 Orlando 500 852 650 2.002 Albany 330 402 150 882 Orlando 500 852 650 2,002 Albany 330 402 150 882 Orlando 500 852 650 2,002 Albany 330 402 150 882 6,355 $ 10,953 $ 4,650 $ 21,958 FROM THE PRESIDENT OF THE COUNCIL Jane 9, 2009 00V0 State Environmental Quality Review Act Involved Agency Findings Statement Findings to Approve ` I Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR ]'art 617, the City of Buffalo Common Council, as an Involved Agency, makes the following statements. Name of Action: Buffalo Niagara Medical Campus — North End Development Rezoning of Maple Street properties Petitioner: Kaleida I Iealth SEQRA Status: Type 1, Positive Declaration Description of Action: Kaleida health is proposing to construct an approximately 200,000: square foot Spilled Nursing I- acili.ty on the site which stretches from E. North. St. to IIigh St. and from Michigan Ave. to Maple St, Location: Michigan Ave., Buffalo, New York Lead Agency: City of Buffalo Planning Board Agency Jurisdiction: Pursuant to §511 -126 of the Charter and Code of the City of Buffalo ( "Code "), the City of Buffalo Common Council ( "Common Council ") has jurisdiction to consider petitions to rezone parcels. Here, the Petitioner is seeking to rezone parcels located at 294 -336 Maple St. ( "Parcels ") from R -2 to C -I. Date Final Generic Environmental Impact Statement ( "FGEI.S ") 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) 851 -5086 t Facts and Conclusions Relied on to Support the Decision: Kaleida Health, Ciminelli Development and the Buffalo Niagara Medical Campus submitted various applications to the City of Buffalo (City) associated with the BNMC -North I?nd Projects. SI:IQRA requires state or local governments to assess the potential environmental impacts of their actions during the planning, review, and decision- making processes for those actions. The public (City, County and State) approvals and permits required for the individual BNMC — North End Projects constitute the "Action" subject to SEQRA. The intent of SEQRA is to ensure that governmental decision - making is a balance of social, economic, and 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 SI:QRA, the City of Buffalo Planning Board determined that the Action was a1 . 'ype I Action and sought and received concurrence from other Involved and Interested Agencies to be the Lead Agency. Then, on September 23, 2008, the Planning Board determined that cumulatively, the Projects may have a Significant impact upon the environment and issued a Positive Declaration, requiring the Project Sponsors to prepare a Draft Generic Environmental Impact Statement ( "DGF,IS ") in accordance with the Planning Board- approved Scope. The Project Sponsors prepared and submitted the DGEIS to the Planning Board for review. On October 7, 2008, the Planning Board found the DGEIS to be in compliance with 6 NYCRR Part 61 T9(b), and made a determination that it was adequate to begin public and agency review. The DGF1IS 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 & l;rie 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 FGFIS. After reviewing the comments, the Planning Board requested that the Project Sponsors prepare the FGI: IS. Pursuant to 6 NYCRR Part 617.9(b)(8), the Planning Board reviewed the FGEIS prepared by the Petitioners and determined that the hGEIS was complete on .January 13, 2009. On January 15, the I was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The hGEIS 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. EJ The Common Council, as an Involved Agency in this process, received and reviewed all of the documentation and analysis cited above. On April 23, 2009, Kaleida Health ( "Kaleida ") submitted a Petition to rezone the Parcels to the City of Buffalo Common Council. The Application included a Letter of Intent (' .M "), hull Environmental Assessment Form ( "FEAF ") and other relevant exhibits to the Common Council. Kaleida is seeking to rezone the Parcels to permit the proposed 200,000 ± square foot Skilled Nursing Facility ( "SW on the Project Site. The current zoning; (R. -2) would not permit the Facility as of right. Pursuant to §511 -126 of the Code, the Common Council has considered the Petition, the proposed Skilled Nursing Facility, and the potential impacts of the requested rezoning. The Common Council has determined that the requested rezoning is consistent with surrounding uses and overall City -wide planning goals. 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 FGF1S for the entire North End Development on the Buffalo Niagara Medical Campus. Pursuant to the process set forth in the DGEIS and the Planning; Board's Findings Statement, the Petitioner has prepared and submitted to the Common Council the aforementioned FEAF, specifically for the rezoning of the Parcels and the future construction of the planned Skilled Nursing Facility to assist the Common Council in reviewing potential impacts of the requested zoning change. The REGIS and FG1:?IS also specifically analyzes the potential impacts of the construction of the Skilled Nursing; Facility on the Projc ct Site and found that the impacts were minimal with appropriate mitigating measures. As such, the rezoning and the associated construction of the Skilled Nursing Facility was fully analyzed as part of the Planning Board's SEQRA review and the Common Council has determined and concurred that the requested rezoning is consistent with the analysis and findings of the City of Buffalo Planning Board as evidenced by its Findings Statement dated January 27, 2009, which the Common Council received and filed, evidencing that it had no objection to said Findings Statement. Therefore, the Common Council joins in the determination of the Planning Board that the potential environmental impacts of the requested rezoning are minimal. Additionally, Kaleida will be required to comply with all mitigation measures identified in the Planning Board's Findings Statement. CONCLUSION After evaluating the cumulative environmental, economic, and social impacts of` the proposcd Skilled Nursing Facility, and more specifically the requested rezoning, the City of Buffalo Common Council is f; f adopting a tcasible, 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 DGF.1S, 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 [SEQRAI) the Statement of Findings certifies that: I. The City of Buffalo Common Council has considered the relevant environmental impacts, facts, and conclusions disclosed. in the DGE`IS and the FGEIS and their supporting materials; 2. The City of Buffalo Common Council has weighed and balanced the relevant environmental impacts with social, economic, and other considerations; 3. The City of Buffalo Common Council, as an Involved Agency, has provided a rationale for its decision; 4. The requirements of Article 8 of the I;nvironniental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [S] ,QRA]) 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 maximuni 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. r�11 Filing: The City of Buffalo Common Council's designees are hereby directed to file and distribute this Findings Statement as required by Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SFQRAI). Certification: These findings were reaffirmed by majority vote of the City of Buffalo Common Council at a duly called meeting held on June 9, 2009. Ci ty of Bu Com Co unci l _ -- Naine of Agency /'s,f id A. I-ran ure of Responsible Official Name of Responsible Officer Co President June 3, 2009 Title of Responsible Official Bate City of Buffalo Planning Board, 901 City lfall, 65 Niagara Square, Buffalo, New York 142 - Address of bead Agency ?4 A copy of this notice sent to: New York State Department of Environmental Conservation New York State Department of Transportation New York State Department of l lealth 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 Abase Services New York State Board of Regents State University of New York Niagara frontier Transportation Authority (NFTA) T County Department of l nv.ironment and Planning l rie County Department of Health FL;rie County Department o.f Mental Health Erie County Office of Alcohol and Substance Abuse Services Erie County industrial Development Agency Emergency Services — Sheriff's Office Environmental Management Council City of'Buffalo Department of Permit and Inspections City Water Department Buffalo Sewer Authority Street Iepartment (Dept. of Public Works) Buffalo Dire Department i Buffalo Police Department ke Buffalo Urban Renewal Agency (BURR) City of Bufi"alo Common Council City of Bii ffalo Zoning; Board of Appeals City of Buffalo Historic Preservation Board Environmental Notice Bulletin (ENB) (DEC) Erie County Department of Health Mr. Fontana moved: That the above communication from the Office of Strategic Planning, be received and filed; and That pursuant to Article 8 of the New York Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act (SEQRA), the Common Council hereby adopts the attached findings for the Buffalo Niagara Medical Campus — North End Development Rezoning of 294 -336 Maple Street from R -2 to C -1. Adopted. Gl TAB:rrnv tAwp60lmswordlrmv14c6- 9a.doc FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION .Tune 9, 2009 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: [: June 1, 2009 FROM: DEPARTMENT: [: Assessment and Taxation SUBJECT: [: Accepting Monthly Real Estate Tax [: Payments (Mast) PRIOR COUNCIL REFERENCE: (IF ANY) [: Item #46, C.C.P. 05118/09 Ex. Item No. xxx C.C.P. xxhoc/aoc The above noted item was referred to the Department of Assessment and Taxation for comment. This department has always been acutely aware of the financial difficulties confronting our residents and property owners with regard to their property taxes. This awareness motivated the department to work diligently at informing property owners of exemption programs available to them and conducting community outreaches to accept and process these exemptions. A payment plan program for those with outstanding taxes has been implemented and with the cooperation of other offices and agencies a process for owners to legally remove their property from foreclosure as they make payments on their liens has been put in place_ At the heart of all these activities by the Department of Assessment and Taxation is that our actions and procedures are governed by the New York Real Property Tax Law and the Charter and Code of the City of Buffalo. Currently the City's legally adopted method for payment of taxes allows for two (2) installments, one in July and one in December, with the Sewer Rent due in September. For this office to accept payments in any other manner would require a change in the laws currently in effect governing the collection of taxes. Until such time as the law is changed, regardless of how much empathy we may have for property owners, this office cannot legally accept payment in any other manner. There are many other issues that would need to be addressed if this proposal were implemented. However at this stage, with regard to the Department of Assessment and Taxation, until such time as new legislation is adopted this office is compelled to continue to accept and process payments in the existing two (2) installment schedule with the legally adopted late fees and interest penalties levied on unpaid amounts. REFERRED O THE CO MMITT EE ON LJE0SLATION. SIGNATURE DEPARTMENT HEAD NAME: Martin F. Kennedy DEPARTMENT HEAD TITLE: Commissioner, Assessment & Taxation FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS June 9, 2009 09008 #k3 (Rev 1 -02) j1 Certificate of Appointment hi conrphallce 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 appoisitrrrent(s) or pramotion(q)_ I further certify that the person(s) named in Schcdtjh "A" have beery certified or approved by the Human Resources/Civil Service For the Appointment :Effective: May 26, 2009 in the Departtnent of MIS Division of to the Position of SPECIAL ASSISTANT TO THE CHIEF INFORMATION OFFICER Permanent, Provisional, Temporary, Seasonal (insert one) PROVISIONAL- PENDING EXEMPT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT jEnter Stalling Salary) : Starting Salary of: $ 34433 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME Khalil H. Cottman ADDRESS 68 Brunswick CITY & ZIP Buffalo NY 94208 LAST 4 DIGITS OF SSN. XXX -XX -0919 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL. SERVICE AND THE DIVISION OF COLLECTIONS BUDGET ORG. CODE 10871001 TITLE CODE NO 0358 BUDGET ACCT. OBJ. 41101 PROJ, ID PERSONNEL REQ. NO 2008 -909 SALARY RANGE OF POSITION 34933 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: r ORIGINAL. + 2 COPIES TO: CITY CLERK (ON /PPFORE APPOIN7MI*N7 OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICO /CIVIL SERVICE #7- BUDGET j #8-D EPARTMENT #9- DIVISION 410-EM LOYEE S l 0; FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS June 9, 2009 00009 i f # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 3, 2009 FROM DEPARTMENT: PUBLIC WORTS, PARKS & STREETS DIVISION: WATER SUBJECT: (: Change in Contract [: John W. Danforth Company [: Contract #92011112 [: Ellicott PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) I hereby submit to Your Honorable Body the following change order for this contract. This change order is to furnish materials and labor to remove and replace the existing steam and condensate insulation to match the new Central passage in the Filter Gallery and to furnish materials and labor to install ball valves and associated piping and fittings at 18 locations in the upper and lower galleries. Original Contract Amount: $1,149,120.00 Previous Change Orders $ 0.00 This Change Order: $ 23,380.30 Total Contract $1,172,500.30 Funds are available in a Division of Water account 53190676 445100. I respectfully certify that this change order is fait` and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to John W. Danforth Company. Permission is requested from Your Honorable Body to authorize the increase in contract as stated above. This project is being funded using Environmental Facilities Corporation (EFC) low interest money. PJM:cmg TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: I�.Q� Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 3, 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 John W. Danforth Company, an increase in the amount of $23,380.30, as more fully described in the above communication, for work relating to the Filter Gallery, C ##92011 112. Funds for this project are available in a Division of Water account 53190676 445100. Passed 7 WIL - VOrem, tA8vp601msword\:rmv\7c6 -9.doc .f *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA * * * RUSSELL * * * [-------- -P__ -I [MAJ- 5] [2/3 - 6] [314 - 7] * * * * 9 * 0 * 0#909 1 (Re'v, 1/93) SINGLE P ACE CnI.ILMUNICATIONT TO THE C%,DION COUNCIL TO: THE COMMON COUNCIL: DATE: June 3, 2009 FROM DEPARTMENT: PUBLIC WORKS, PARKS & STREETS DIVISION: WATER SUBJECT: [: Change in Contract [: O'Connell Electric, Inc. [ : Contract #92011128 [: Ellicott PRIOR COUNCIL REFERENCE: (IF ANY) (: Ex. (Item No. xxx C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) i S hereby submit to Your Honorable Body the following change order for this contract. This change order is due to the following: 1. Furnish and install raw water temperature transmitter in headhouse basement. 2. Relocate and install raw water temperature transmitter in screen house. 3. Furnish and install additional hardware and software modification for the installation of warning lights and horns for each PLC. 4. Furnish and installation of software and phone line to existing PC for automated alarm modification. S. Furnish and Install PAC tanks monitoring and control system, including installation of five ultrasonic level transmitters with SCADA system integration, programming and modification to the RFP PAC tanks to accept the 2 -inch diameter level transmitters. 6. Furnish and install power meters for monitoring electrical demands on the high service distribution pumps. 7. Furnish and install report print server format printer. 8. Furnish and install additional lighting modifications. Original Contract Amount: $1,539,825,00 Previous Change Orders $ O.00 This Change Order: $ 108,476.01 Total Contract $1,648,301.01 Funds are available in a Division of Water account 53190676 445100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to O'Connell Electric, Inc. Permission is requested from Your Honorable Body to authorize the increase in contract as stated above. This project is being funded using Environmental Facilities Corporation (EFC) low interest money. PJM:cmg TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets a 4' SIGNATURE OF DEPARTMENT HEAD: y 4 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated .tune 3, 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 O'Connell Electric, Inc., an increase in the amount of $108,476.01, as.more fully described in the above communication, for work relating to C #92011128. Funds for this project are available in a Division of Water account 53190676 445100. Passed TAB.rmv t: 1wp601mswordVnnv18c6 -9. doc *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL I-- -- --- - - -- - -I [MAJ- 5] [2/3 A 6] [ 3/4 d 7 ] * * * * g * 0 * 0001- It # 2 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: dune 4, 2009 FROM : DEPARTMENT: Public Works SUBJECT: Recreational Easement with County of Erie for approx, 22 acres of land surrounding Union Ship Canal PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx, C.C.P. xxlxxlxx) TEXT: TYPE SINGLE SPACE BELOW The Department of Public Works, in conjunction with the Buffalo Urban Development Corporation, is overseeing the development of 22 acres of City -owned land surrounding the Union Ship Canal, commonly referred to as Parcel 3. The land will be developed into public open space with park -like amenities (the "Ship Canal Park "), for the use and benefit of the general public and the employees of businesses located in Buffalo Lakeside Commerce Park (the "Project "). In connection therewith, the City and the County have secured funding through the New York Department of Environmental Conservation and the New York State Department of Transportation. Along with the State grants, the County has committed certain of its own bond funding to be used for the final design and construction of the Ship Canal Park Project. However, the County cannot commit bond funding without an interest in the property. The recreational easement enables the County to commit its bond funding to the Ship Canal Park Project. For one dollar ($1.00) and other good and valuable consideration, the recreational easement grants residents of Erie County access to Ship Canal Park Project as a venue for recreational purposes on reasonable terms and conditions to be established by the City of Buffalo. The term of the easement is expected to be fifteen (15) years, but could be longer depending on the life of the bonds sold by the County and committed to the Ship Canal Park Project. The County is permitted to inspect improvements made to the City -owned property, but the recreational easement does not provide the County control over the development of the Ship Canal Park Project. SEAR review of the proposed action has already been completed. I am recommending that should Your Honorable Body approve the use agreement the Mayor of the City of Buffalo be permitted to execute the same. DEPARTMENT HEAD NAME: Steve Stepniak TITLE: Commissioner Department of Public Works SIGNATURE OF DEPARTMENT HEAD i f� RECREATIONAL EASEMENT THIS RECR[:"ATIONAL T ASEMENT made this _ day of _ 2009, by and between the City of Buffalo, a municipal corporation of the State of New York, with its principal offices at Buffalo City Hall, 65 Niagara Square, Buffalo, New York 14202 (hereinafter "Grantor "), and the County of .brie, a municipal corporation of the State, of New York, having its principal office at 95 Franklin Street, Buffalo, New York 14202 (hereinafter "Grantee ") WHEREAS, the Grantor is organized as a municipal corporation under the laws of New York State, authorized to grant a cultural and recreational easement; and W1IEREAS, the Grantee is organized as a municipal corporation under the laws of New York State, authorized to accept a cultural and recreational easement to protect cultural and recreational facilities and preserve their long -terns viability as public cultural and recreational venues for all residents of the County of Erie; and WHEREAS, the Grantor is the owner in fee simple of real property surrounding Union Ship Canal which is rcterred to as "Parcel 3" and consists of approximately twenty -two (22) acres, as more particularly described on Exhibit A , attached hereto and inade a part hereof: (hereinafter the "Premises "); and WH REAS, the Grantor, the Grantee, and the Buffalo Urban Development Corporation ( "BUDC ") have undertaken a project for the redevelopment of Union Ship Canal and Parcel 3 into public open space with park -like amenities (the "Ship Canal Park "), for the use and benefit of the general public and the employees of businesses located in Buffalo Lakeside Commerce Park (the "Project "). In connection therewith, the City and the County have secured funding 1F through the NYSDEC EInvironniental Restoration Progra►n, and the County has secured funding through the New York State `.Fransportation Enhancements Program and committed certain of its own bond funding to be used for the final design and construction of the Ship Canal Park Project. WHEREAS, Grantor as fee owner of the Premises desires to facilitate Grantee's financial assistance to the Project and towards that end, Grantor desires to grant to Grantee, and Grantee desires to accept from Grantor, a recreational easement on the Premises. NOW, TJ IEREFORE, in consideration of one dolfar ($ 1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, Grantor does hereby grant and convey unto the Grantee, a non - exclusive recreational easement (as more particularly described below, hereinafter the "F.asernent ") in and to the Premises owned by Grantor. See Exhibit A attached hereto and made a part hereof for the legal description of the Premises. The Fsasement, to be of the nature and character hereinafter further expressed, shall constitute a binding servitude upon said Premises of the Grantor, and to that end, Grantor covenants on behalf of itself, its successors and assigns, with Grantee, its successors and assigns, such covenants being deemed to run as a binding servitude, for a period not to exceed the later of fifteen (15) years from the date of Grantor's execution hereof or the date upon which the County's Project bonds are no longer outstanding, as follows: Grantor's Covenants. In furtherance of the Easement herein granted, Grantor or its successor in title to the Premises undertakes at all times to, if financially feasible in Grantor's sole opinion, maintain the Premises (or, as applicable, allow BUDC to maintain the Premises) in a good and sound state of repair and, if financially feasible in Grantor's sole opinion, to maintain -2- the structural soundness and safety of the Premises (or, as applicable, allow BUDC to maintain the structural soundness and safety of the Premises). Grantor, or Grantor's successors in title, shall take no steps to prevent the Premises horn being available to the residents of Erie County and the City of Buffalo as a venue for recreational purposes orr reasonable terns and conditions to be established from time to tirne by the Grantor and or, as applicable, BUDC. It is expected that the Premises will at least be operated as a public park. 2. Casualty Damage or Destruction. In the event that the Project or any part thereof shall be damaged or destroyed by casualty, the Grantor shall notify the Grantee in writing within ten (IO) days of Grantor's receiving notice of the damage or destruction, such notification including what, if any, emergency work has already been completed. Grantee, upon the written consent of Grantor, has the right to raise funds toward the costs of restoration of the partially destroyed Project above and beyond the total of the casualty insurance proceeds, if any, as may be necessary to restore the Project. Grantor nor Grantee have any obligation to pay or repay the costs of Project restoration and or insurance premiums and or deductibles. 3. Inspection. Grantor hereby agrees that Grantor shall not prohibit the representatives of'Grantee , upon prior written notice and during normal business hours, to inspect the Premises, the Project and related appurtenances. Grantee agrees that such inspection will .not, in the absence of evidence or reports of deterioration, take place niore often than annually. Organization, as applicable, agrees to facilitate such Grantee inspection. 4. Grantee's Remedies. Grantee shall have available all legal and equitable remedies to enforce Grantee's rights hereunder. _3_ 5. Notice from Government Authorities. Grantor shall deliver to Grantee copies of any notice, demand, letter or bill received by Grantor from any government authority and relating to the condition of the Project and Premises within five (5) days of receipt by Grantor. Upon request by Grantee, Grantor shall promptly furnish Grantee with evidence of Grantor's compliance with such notice, demand, letter or bill, where compliance is required by law. 6. Notice of Proposed Sale. Grantor shall promptly notify Grantee in writing of any proposed sale of the Premises and provide the opportunity for Grantee to explain the terms of the Easement to potential new owners prior to sale closing. 7. Runs with the band. The obligations imposed by this Easement shall be effective for a period not to exceed the later of fifteen ( 15) years or the date upon which the County's Project bonds are no longer outstanding, and during such period shall be deemed to run as a binding servitude with the Premises. During such period, this Easement shall extend to and be binding upon Grantor and Grantee, their respective successors in interest and all persons hereafter claiming ruder or through Grantor and Grantee, and the words "Grantor" and "Grantee" when used herein shall include all such persons. Anything contained herein to the contrary notwithstanding, a person shall have no obligations pursuant to this instrument where such person shall cease to have any interest in the Premises by reasons of bona :Fide transfer. Restrictions, stipulations and covenants contained in this instrument shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title or any lesser estate in the Premises or any part thereof, including by way of example and not limitation, a lease of office space. -4- 8. Recording. At any time after the execution of this Easement, Grantee may do and perform at its own cost all acts necessary to the prompt recording of this instrument in the land records of I:"rie County, New York. 9. Subordination of Easement. Grantor and Grantee agree that the Basement and all rights of the Grantee to enforce the purposes and or provisions of this Easement are subject and Subordinate to any and all matters of record as well as to any and all of the terms of New York State and or federal funding and all related grants, agreements, covenants, conditions or restrictions, if any, in the Premises. 10. Indemnification. The Grantor hereby agrees to pay, protect, indemnify, hold harmless and defend at its own cost and expense, the Grantee, its agents, directors and employees, or independent contractors from and against any and all claim liabilities, expenses, costs, damages, losses and expenditures (including reasonable attorneys' fees and disbursements hereafter incurred) arising out of Grantor's actions or inactions relating to the administration of this Easement, except to the extent any such claim, liabilities, expenses, costs, damages, losses and expenditures (including reasonable attorneys' fees and disbursements hereafter incurred) arise out of or in any way are connected with Grantee's negligence or willful misconduct. 1 I . Taxes. Grantor shall pay immediately, when first due and owing, all general taxes, special taxes, special assessments, water charges, sewer service charges, if any, and other charges which may become a lien on the Premises. 11 Insurance. During the term of this Easement, Grantor agrees to cause any and all of its contractors, sub - contractors and vendors, and those of BUDC who perform work or related -5- services on the .Project to maintain comprehensive general liability insurance against claims for personal injury, death and property damage with a combined aggregate of at least $1,000,000. Such insurance shall include Grantor and shall also include Grantee's interest and name Grantor and Grantee as additional insureds and shall provide for at least thirty (30) days' notice to Grantor and Grantee before cancellation and that the act or omission of one insured will not invalidate the policy as to any other insured party. Grantor does not have any obligation to pay for insurance premiums and or retention. 13. Written Notice. Any notice which either Grantor or Grantee may desire or he required to give to the other party shall be in writing and shall be trailed postage prepaid by registered or certified mail with return receipt requested, or hand delivered; if to Grantor, City of Buffalo Corporation Counsel, 1100 City Hall, 65 Niagara Square, Buffalo, New York 14202, and if to Grantee, then. to County of Brie Department of Law, 69 Delaware Avenue, Suite 300, Buffalo, New York 14202. Each parry may change its address set forth herein by a notice to such effect to the other party. 14. Interpretation and Enforcement. The following provisions shall govern the effectiveness, interpretation, and duration of the Fasement. (a) Any rule of strict construction designed to limit the breadth of restrictions or alienation or use of property shall not apply in the construction or interpretation of this instrument and this instrument shall be interpreted broadly to effectuate its recreational purposes. (b) For purposes of furthering the preservation of the Premises and the Project and of furthering the other purposes of this instrument, and to meet the changing conditions, -6- r i- Grantor (subject to appropriate approvals) and Grantee are free to amend jointly the terms of this instrument in writing without notice to any other party. Such amendment shall become effective Upon recording among the land records of Eric County, New York. (c) The terms and conditions of'this Easerncnt shall be referenced in any transfer of the Premises during the terra of this Easement by the Grantor, its heirs, successors and assigns. (d) .Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any building code, ordinance or regulation relating to building, materials, construction methods or use. In the event of any conflict between any such building code, ordinance or regulation and the terms hereof, Grantor promptly shall notify Grantee of such conflict and shall cooperate with Grantee and the applicable governmental entity to accommodate . the purposes of both this instrument and such ordnance and regulation. (e) This instrument reflects the entire agreement of Grantor and Grantee with respect to the subject matter hereof. Any prior or simultaneous correspondence, understanding, agreements and representations are null and void upon execution hereof, unless set out in this instrument. (1) Grantee shall have the right to assign its interests in this Easement only upon the prior written consent of Grantor. Grantee shall have the unilateral right to cancel its easement interest granted in this Casement. -7- i; 18. This basement agreement shell not be effective unless and until it has been approved by the Common Council of the City of Buffalo and the Buffalo Fiscal Stability Authority. City's execution of this document shall evidence such approval. [The Remainder of This Page Left Intentionally Blank] -8- i IN WITNESS WlIt?REOF, on the date first shown above, Grantor has caused this Recreational F,asernent to be executed and delivered; and Grantee has caused this instrument to be accepted and executed. GRANTOR CI'T'Y OF .BUFFALO Byron W. Brown Mayor Date Approved as to .Dorm Alisa Lukasiewicz Corporation Counsel Date GRANTEE COUNTY OF ERIE Chas Collins County L:xecutive Date Approved as to Content Holly A. Sinnott, Commissioner .Department of Environment & Planning Date Approved as to Form Martin A. Polowy Second Assistant County Attorney Document No. Date BUFFAI_,O URBAN DEVELOPMENT CORPORATION joins in and executes this docurnent to evidence its consent thereto and to further agree in all respects to facilitate the operation and intent of the Easement. -9- STATE OF NEW YORK) COUNTY OF ERIE } SS: CITY OF BUFFAI.,O } On thisday of, __, 2007, before me, the undersigne(i, a Notary PLiblic in and for said state, personally appeared Byron W. Brown, personally known to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledge to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK) COUN X OF ERIE } SS: CITY OF BUI j On thisday of , 2007, before me, the undersigned, a Notary Public in and for said state, personally appeared Chris Collins, personally known to me on the basis of satisfactory evidence to be the individual whose naive is subscribed to the within instrument and acknowledge to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 112 {148.000211 10737.doe -10- d ,t ri i Union Ship Canal (Legal Dcscription) All that piece or parcel of property, situate in Lot loo. 18 in the Ogden Core Tract, Township No. 10, Range No, 8, City of Bulfalu, County of Erie, state of New York bounded and described as follows; aegirning at a point €in the easterly boundary of existing Commerce Street as delineated On Parcel No. 360 of Map No. 327 and acquired by The People of 'rhe State of New York For the former construction of Fuhrmann Boulevard -- llarnburg Turnpike by Liber 10082 of Deeds at. page 121, at its intersection with the southerly boundary of the existing union Ship Canal; thence easterly at an interior angle of 930 55' all" and along the southerly boundary of the said canal a distance of 1,904.57 Feet to a point on the easterly boundary of the said canal; thence northerly at an exterior angle of 90 00' 00" and along the easterly boundary of Lhe said canal a distance of 200.00 feet to a point an the northerly boundary of the said canal; thence westerly at an exterior angle of 90" 04)' 4141" and along the northerly boundary of the said canal a distance of 1,902.64 feet to a point an the easterly boundary of the existing FU hrmann Boulevard FAension as delineated on Parcel No. 361 of Map No. 327 and acquired by The People of The State of New York by said Liber I00f32 of Deeds at Page 121; thence northerly at an interior angle of 90' 51' 24" and along the easterly boundary of the said Parcel No. 361 of Map No. 327 being the easterly boundary of said existing Fuhrmann Boulevard Extension a distance of 20102 feet to a point; thence easterly at an interior angle Of 89 0B` 36" and parallel with the northerly boundary of the said canal a distance of 1,923.74 meet to a paint:: on the southwesterly line of land conveyed to Sheriand Incorporated by Uber 10022 of heeds at Page 218; thence southeasterly at an exterior angle of 35' 34' W and along the said southwesterly line of land conveyed by said lgber 10022 of Deeds at Page 218 a distance of 223.62 feet to a point; thence southerly at an exterior angle of .a4° 26' OO' and parallel with the easterly boundary of the said canal a distance of 514,93 Feet to a point; thence westerly at an interior angle of 903 00' 00' and parallel with the southerly boundary of the said canal a distance of 2,121.34 feet to a point on the easterly boundary the said parcel No. 360 of Map No. 327 being the easterly boundary of said existing Commerce Street; thence northerly at an interior angle of 86" 05' 00' and along the easterly boundary the said Parcel No. 360 of MO No. R7 being the easterly boundary of said existing Commerce Street a distance of 245.57 feet, to the point of beginning, being 22.192 acres of land more or less. �. 7 Mr. Fontana moved: That the above communication from the Department of Public Works, Parks & Streets dated June 4, 2009, be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to enter into an easement agreement between the City and Buffalo Urban Development Corporation, develop 22 acres of City -owned land surrounding the Union Ship Canal, commonly referred to as Parcel 3. That the Mayor be, and he hereby is authorized to execute the same. Passed. 01 TAB:rmv tAwp 60\msword\rmv\9c6 -9a. doe a *AYE* NO * DAMS FONTANA FRANCZYK GOLOMBEK * '� KEARNS LOCURTO RIVERA RUSSELL. [ ------------- [MAJ- 5] [2/3 d 61 [314 - 7] * * * 9 * p * n n n A Ci U9U Z ##1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE OMMON COUNCIL TO: THE COMMON COUNCIL Date: June 3, 2009 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [Permission to Accept /Execute Grant Agreements [Martin Lather King Jr. Park - Eastern Park Renovation [Project # EPF- 5403 38 -N9, Contract # C540138 [Masten District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. [Item No. of ] Please be advised that our department is in receipt of a $ 163,384 grant from New York Office of Park, Recreation and Historic Preservation for renovation of the MLK Park. Permission is being requested from your Honorable Body to accept this grant and allow the Commissioner of the Public Works, Parks & Streets to enter into and execute; all related documents /agreements associated with the project. These funds will be utilized for site improvement at MLK Park. PJM /SAG TYPE DEPARTMENT" HEs`AD NAME: TYPE TITLE: SIGNATURE OF DEPARMFNT HEAD. Peter J. Merlo, P.E. City Engineer i Mr. Fontana moved: That the above communication from the Department of Public Works, Parks & Streets dated June 3, 2009, be received and filed; and That the Commissioner of Public Works, Parks & Streets be and he hereby is authorized to accept a $163,384 grant from New York Office of Park, Recreation and Historic Preservation and to enter into and execute all related documents /agreements associated with the Martin Luther King Jr. Park -- Eastern Park Renovation Project #EDF- 540138 -N9, Contract #C540138. Passed. 10 TAB:rmv tANvp60Vnswordlrmv110c6- 9a.doc i� *AYE* NO * DAVIS * FONT-ANA FRANCZYK * * * GOLOMBEK * * KEARNS * LOCURTO RNERA RUSSELL * * sMI`I H [ ------------- ] (MAJ- 5] [2./3 m 6] [3/4 - 7] * * * * 9 * p 0 0 0- . 3 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 3, 2009 FROM DEPARTMENT: PUBLIC WORKS, PARKS & STREETS DIVISION: ENGINEERING SUBJECT: [; Permission to Increase Contract [: Bergmann Associates [: Contract #92011215 PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) I hereby submit to Your Honorable Body the following change for this contract. Bergmann Associates is the engineering consultant for the GIS Implementation Project for the City of Buffalo. The project included detailed design, modeling, application and data development and software integration. This increase is necessary for incorporation of work being done for the Buffalo Fire Department into the City's GIS system. I respectfully certify that this increase is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase for $27,500.00. The funds are available in Capital Projects account 31655806 445100. Original Contract: Change Orders to Date: Change Order #4: Revised Contract Amount SJS:PJM:eds TYPE DEPARTMENT HEAD NAME $ 341,220.00 $ 164,855.00 $ 27,500.00 $ 533,575.00 Peter J. Merlo, P.E. City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: i`e Bergmann associates Proposal to Upgrade the City of Buffalo Fire Department Mobile GIS November 20, 2008 ESRI 9.3 version Upgrade The City of Buffalo's MIS department is moving to upgrade its ESRI ArcGIS Server version level from 9.2 to 9.3. The Fire department's current 9.2 mobile application must be upgraded to the 9.3 version to ensure data synchronization routines will continue to work. The ArcGIS mobile 9.3 platform has been redesigned for stability and performance that will directly benefit the application usability and the long term viability. Included in the enhancement is a robust Data synchronization engine. All existing functionality will be preserved. Pictometry Integration Bergmann Associates Business Partner relationship with Pictometry TM has allowed us to successfully integrate Pictometry imagery with many GIS applications. As an add -on to the current ESRI Mobile application developed for the BFD, we will create a new button that will load Pictometry imagery off a local hard - drive. A user will click the map at the required location to load the 4 compass directions of imagery. A simple configuration file setting will Enable/ Disable the Pictometry tools so that it may be hidden when not required. Architects I Engineers 1, Planners 716.852.3211 www.bar m.ann c.com Waterfront Village Center / 40 La Riviere Drive, Suite 150 / Buffalo, New York 14202 rj associates It is assumed that the BFD will provide the required ruggedized hard drives to store the imagery. Bergmann Associates will load these hard drives will all required Pictometry imagery and software using Erie County's Pictometry license agreement. Bergmann Staff will train the identified BFD staff on the use of the Pictometry tool and its settings Quick Access Plan Integration Bergmann Associates programmers will develop an additional tool that will allow BFD users to click a map icon to launch both attribute and imagery for a specified Quick Action Plan (QAP) location. The new tool will allow a user to click on a Q- symbol GIS feature that represents a building with QAP data. A window dialog will open showing both the Access based attribute information for that QAP location, as well as any associated floor plan imagery. Bergmann will create the new QAP GIS feature layer from the available QAP data. It is assumed that the BFD will convert all floor plan data into a usable image format (e.g..jpg). Attribute Vale Address 980 Ellicott St Name: osmose Status Haz Mat Critical Info: Clnse Bergmann programmers will also create a new data syncing tool that will pull any new QAP data from a designated server location to the local device, This syncing process will allow for any updates to the QAP data to be seamlessly downloaded into the local tough books. Costs 9,3 Upgrade $11,590.00 Pictometry Integration $5,760.00 QAP Integration $9,150.00 Total: $27,500.00 71 6:85:3211 www.b ernartrc cam Waterfront Village Center 140 La Riviere Drive, Suite 1501 Buffalo, New York 14202 Architects / Engineers 1 Planners J Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 3, 2009, be received and filed; and That the Commissioner of Public Works, Parks and ,Streets be, and he hereby is authorized to issue change order No. 4 to Bergmann Associates, an increase in the amount of $27,500.00, as more fully described in the above communication, for work relating to. GIs Implementation Project for the City of Buffalo, C #92011215. Funds for this project are available in Capital Projects account 31655806 445100. Passed 11 TAB:rmv tANvp60\niswordN :miv\11 c6 -9. doc r \ 13 t- *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMEEK * ` KEARNS LOCURTO RIVERA RUSSELL SMITH I ------------- [MAJ- 51 [2/3 _ 6 [3/4 - 7 ] * * * * g * 0 * 000)14 91 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: Tune 2, 2009 FROM.: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Permission to Increase Contract [: Erdman- Anthony Associates [: Main Street Contract #92010422 [: University, Delaware & Masten Districts PRIOR COUNCIL REFERENCE: (IF ANY) [: I hereby submit to Your Honorable Body the following; change for this contract. Erdman- Anthony Associates is the engineering; consultant far the Main Street Reconstruction Project for the City of Buffalo. This project included study, preliminary and detailed design, and construction management/inspection. 'Ibis increase is necessary for construction manag;ernent /inspection. This is a federally funded project. The funding is 80% Federal, 15% State, and 5% City. 1 respectfully certify that this increase is fair and equitable for the work involved, and request that your Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $517,000. Of this amount, 5% or $225 950 is the City share of the change. The Federal and State portions (95 %) have already received approval. 'rhe funds are available in Capital Projects account 33656606 - 445600= PJM /JDB /dab TYPE DEPARTMENT HEAD NAME: TYPE "rrrl - ., E , : Peter J. Menlo, P.E. City Engineer SIGNATURE OF DEPARTMENT HEAD Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 2, 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 Erdman- Anthony Associates, an increase in the amount of $517,000:00, of this amount 5% or $25,850 is the City's share of this change as more fully described in the above communication, for work relating to Main Street Reconstruction Project for the City of Buffalo, C #92010422. Funds for this project are available in Capital Projects account 33656606 - 445600. Passed 12 TAB:rmv tAwpR0 mswordl:nnv1120 -9.doc r � 1, *AYE* NO * DAVIS FONTANA ^� * * * FR.ANCZYK GOLOMBEK KEARNS LOCURTO RIVER.A RUSSELL * # * * * SMITH - - -. [--------- - ---} [ MAJ - 5 * 9 * 0 [3/4 - 7] #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 3. 2000 r� FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Police Headquarters [: Asbestos Abatement [: Job #0910 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP TEXT: I advertised for on April 16, 2009, and received the following formal sealed bids for Police Headquarters, Asbestos Abatement, which were publicly opened and read on May 5, 2009. Jupiter Environmental Services 3 Lynn Court, Lincoln Park, NJ Geiter Done of WNY 300 Greene, Buffalo, NY Fibertech Environmental 140 North, Buffalo, NY Arric Corp. 5033 Transit, Depew, NY Base Bid + Alt. #1 + Alt. #2 $ 57,000.00 $22,000.00 $29,000.00 $ 76,400.00 $ 8,000.00 $ 0 $ 84,200.00 $21,400.00 $18,700.00 $172,000.00 $70,000.00 $37,000.00 Add Alternate #1: Asbestos Abatement of the Pistol Range. Add Alternate #2: Asbestos Abatement of the Armory. I hereby certify that the foregoing is a true and correct statement of all bids received and that Jupiter Environmental Services, with a Base Bid of $57,000.00, add Alternate #1 for $22,000.00, add Alternate #2 for $29,000.00, for a total bid of One Hundred Eight Thousand and 00/100 Dollars ($108,000.00), is the lowest responsible bidder in accordance with the plans and specifications. I 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 3 0306 445100 -- 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 Engineer Signature of Department Heaa:` �-` I� Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 3, 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 Police Headquarters, Asbestos Abatement, to Jupiter Environmental Services, the lowest responsible bidder, in the amount of a Base Bid of $57,000.00, add Alternate #1 for $22,000.00 add Alternate #2 for $29,000.00, for a total bid of $108,000.00. Funds for the project are available in 36030306 445100 - Buildings. Passed. 13 TAB: rmv tAwp60\mswordVmvN l3c6= '9a. doe � � v *AYE* NO * DAVIS FONTANA * * * FRANCZYK *` * * * GOLOMBEK KEARNS LOCURTO RIVERA * * * RUSSELL.* *` * * * [------ -- - - - --I [ MAJ - 5 [ 2/3 P b ] [3/4 - 7] * * g * p * 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 G C� PRIOR COUNCIL REFERENCE: {IF ANY} Ex. Item No. xxx C.C.P. xxlxxlxx 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-2011998 JEEP CHERK, TRADE IN OF W -158 1997 CHEVY C2500 TRADE IN OF W159 1994 CHEVY C2500 SIGNATURE DEPARTMENT HEAD TITLE: STEVEN STEPNIAK, COMMISSIONER DEPARTMENT OF PUBLIC WORKS i V 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. 14 TAB:rmv tAwp60Vnsword\rmv\ 14c6- 9a.doc ii *AYE* NO * DAVIS FONT-ANA * �` * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA * * RUSSELL SMITH [-------- - - - - -] [MA3- 5] * 9 * U [2/3 - 6) [3/4- - 7] #3 Rev 1 -02 ( ) Q�J�_� Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35--1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) nand in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective:' in the Department of Public Works Division of Water to the Position of Caulker Supervisor I Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) INTERMEDIATE (Enter Starting Salary) : Starting Salary of:. $38,580 LAST JOB TITLE Caulker NAME Patrick M McManus LAST DEPARTMENT DPW DATE 6109 ADDRESS 223 Dearborn St. LAST SALARY CITY & ZIP Buffalo, NY 14207 L AST 4 DIGITS OF SSN. XXX - XX - 8179 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN, X - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 53003721 TITLE CODE NO 4750 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2008 - 127 SALARY RANGE OF POSITION $36,910- $43,605 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. S TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #fi- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #S- DEPARTMENT 99- DIVISION 410- '.- / FROM THE COMMISSIONER OF POLICE June 9, 2009 001 , a,) fzl cc . 11031 MULTTDT.7. RACE CQk"dUM— rCAT*T-0N TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: Ju 3, 2009 FROM: DEPARTMENT: Buffalo P D On Behalf of City DIVISION: Grant Section SOBJ :[Justice Assistance Grant Program Renewal - YEAR 41 s ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [:Item 427, C.C.P_ 06/24/081 TEXT: ( TYP E SINGL S PACE BELOW we are back before your Honorable Body as the City has just recently been notified that the REGULAR JUSTICE ASSISTANCE GRANT (JAG) FUNDS FOR 2009 (NOT STIMULUS FUNDING, WHICH YOUR HONORABLE BODY JUST RECENTLY APPROVED WHICH WAS A SPECIAL POT OF MONEY INVOLVED WITH AMERICAN RECOVERY AND REINVESTMENT ACT) have been released. As you are aware, the US Department of Justice originally initiated funding under the Justice Assistance Grant (JAG) Program, which combined the Byrne Formula and Local Law Enforcement Block Grant Programs. JAG serves as the single funding mechanism for the administration of these grants and over the last four years, the City has been a partner with the County of Erie, Towns of Amherst, Cheektowaga, and West Seneca and has served as the grant applicant and fiscal agent so that the City could retain at least the majority share of funding. This year, for round five funding, the Bureau of Justice has certified that the City of Buffalo is in a funding disparity with the County of Erie, and therefore, we must submit a JOINT application for the aggregate of funds allocated to this area. Fortunately for all, the award this year, for JAG Year 5 HAS BEEN INCREASED OVER 300% as compared to last year, totaling $607,957. The City /County must agree on this effort or no one gets the funding. We have successfully negotiated this effort by retaining minimal funds for the juvenile prosecutor. This year's application is due by July 9, 2009. In order to file the grant application, which requires notification of the Applicant /Fiscal Agent's governing body, of which the City serves as, we are notifying you as a mandated requirement by the "feds" under this application process. At this time, we are notifying you that the City of Buffalo will be accepting the funds totaling $607,957 and distributing them (which will be outlined in Memorandums of Understanding) to each participating entity as follows: City of Buffalo: $510,479 County of Erie: $16,456 - City of Lackawanna (new partner for regular JAG): $14,214 Town of Amherst: $16,186 Town of Cheektowaga: $30,759 Town of Tonawanda (new partner for regular JAG): $19,863 #2- Page 2 (Rev. 1/93) page # 2 TEXT CONTINUATION (TYPE; SINGLE SPACE BELOW] Unlike in previous years, under regular JAG, West Seneca received ZERO, but did receive Stimulus Funds. Any .law enforcement or justice initiative previously eligible for funding under LLEBG or Byrne funding is encouraged to be continued and eligible for funding under JAG. The City's allocation will continue to fund initiatives previously funded under the Local Law Enforcement Block Grant such as: Office of Citizen Services: $164,950 (which funds Save our Streets Program, Clean Street Sweeps, Quality of Life programs, Citizen Participation Academy)' Department of Community Services will receive a total of $115,000 and will direct funds to continue with Drug Court ($35,000), Code of Conduct ($30,000) and Anti Crime ($30,000) both Interven. ion and Prevention Programs. As stated above, the Buffalo Police funding will include the $50,00 to continue partial funding for the Juvenile Prosecutor in the District Attorney's and $180,529 to be split between equipment and overtime (gang ,suppression, bike patrols, curfew, quality of life selected enforcement activities, other directed enforcement activities). The feds require a governmental review from the "fiscal" agent, which is the City of Buffalo, prior to the submission of this application. in addition, we were only notified about the availability of this renewal funding late last week. We had to negotiate and come to terms with other partners as part of this complex grant process before we could present this information to your Honorable Body. Again, we must have your approval as we prepare for the acceptance and spending of these funds; in addition, we must have your approval prior to notifying the Control Board. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. HMcG:mao t TYPE: DEPARTMENT HEAD NAME: H. MCCARTHY G1P�dON TYPE: DEPARTMENT HEAD TITLE: POLICE SIGNATURE OF DEPARTMENT HEAD: r; 'f t; Mr. Fontana moved: That the above communication from the Commissioner of Police dated June 3, 2009, be received and filed; and That the Commissioner of police be, and he hereby is authorized on behalf of the City to accept the Justice Assistance Grant Program Renewal -- Year 4 monies, totaling $607,957 and distributing there as outlined in Memorandums of Understanding to the above listed. Passed. 16 TAB :rmv tAwp60\msword\nnv\ ] W- 9a.doc 1 *AYE* NO * DAVIS FONTANA * * * FRANCZYK * * * GOLOMBEK KEARNS LOCURTO * * * RIVERA * * * RUSSELL * * * _---- - -_.�_ T T [MAJ- 51 * 9 * 0 [ 2/3 r 6 [3/4 - 7 ] 000110 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 2, 2009 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: : "L. Steinhart -COB Cellblock Payments to Erie County" ]: (Item #66, C.C.P. 5/26/09) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx C.C.P. xx/xx /xx TEXT: ( TYPE SINGLE SPACE BELOW) Attached please find a copy of a letter dated May 29, 2009 from David Rodriguez, Acting Corporation Counsel, City of Buffalo Law Department, to Mark C. Poloncarz, Comptroller, c/o Lorne Steinhart, Deputy Comptroller, County of Erie, advising payment is being processed. TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: RECEIVED IL H. MCCARTHY GIPSON COMMISSIONER OF POLICE { f C11 Y Or : UFFI LO DEPARTMENT OF LAW BROON W. BROWN MAYOR County of Erie Mark C. Poloncarz, Comptroller c/o Lorne Steinhart, Deputy Comptroller 95 Franklin Street, Room 1100 Buffalo, New York 14202 RE: City of Buffalo Cellblock Payments to Eric County Dear Mr. Steinhart: May 29, 2009 In response to your correspondence dated May 20, 2009, be advised that payment is being processed. Respectfully, David Rodriguez Acting Corporation Counsel DR.jrp cc: Hon. Byron W. Brown, Mayor Hon. Andrew SanFilippo, Comptroller ,/1'-I. McCarthy Gipson, Commissioner of Police Donna Estrich, Director of Budget, Administration & Finance ALISA A. LUKASIEWICZ CORPORATION COUNSEL DAVID RODRIGUEZ S>Rr IOR i7F-PUTY CORPORATION COUNSEL 65 NIAGARA SQUARE / 1100 CITY BAIL / BUFFALO, NY 14202 -3374 / (716) 851 -4343 / FAX: (716) 851 -4105 / www_city- btiffalo.com -1 In response to your correspondence dated May 20, 2009, be advised that payment is being processed. Respectfully, David Rodriguez Acting Corporation Counsel DR.jrp cc: Hon. Byron W. Brown, Mayor Hon. Andrew SanFilippo, Comptroller ,/1'-I. McCarthy Gipson, Commissioner of Police Donna Estrich, Director of Budget, Administration & Finance ALISA A. LUKASIEWICZ CORPORATION COUNSEL DAVID RODRIGUEZ S>Rr IOR i7F-PUTY CORPORATION COUNSEL 65 NIAGARA SQUARE / 1100 CITY BAIL / BUFFALO, NY 14202 -3374 / (716) 851 -4343 / FAX: (716) 851 -4105 / www_city- btiffalo.com CITY OF BUFFALO Council Staff Chief of Staff James S. Pajak Senior Legislative Assistant IV Kevin Linder s Senior Legislative Assistants Marite Bellfietd Brian C. Bray Mark J. Jaskula William Licata Karen D. Privateer Jacqueline B. Rushton May 27, 2009 H. McCarthy Gipson, Commissioner Police Department 74 Franklin St. Buffalo, New York 14202 Dear Commissioner Gipson: Legislative Aide At the Common Council Meeting held on Tuesday, May 26, 2009, James N. Jackson the following item was referred to the Finance Committee and to your office for a response: 65 Niagara Square, Room 1413 Buffalo, New York 14202 -3318 " y L. Steinhart -COB Cellblock Payments to Erie County" Phone: (716) 851 -5105 (item #66, C.C.P. 5126109) Fax: (716) 851 -4234 Please review the item, address your response to the Common Counci[ and file your comments and/or recommendations with the City Clerk's Office, 1308 City Hall before 2:00 p.m., on Thursday, June 4, 2009. Please contact me if you have any questions at 851 -5105. Thank you for your attention to this request. Respectfully yours, ern - t Karen Privateer Senior Legislative Assistant Enclosure fi' Ff County of Erie MARK C. PQLONCARZ COMPTROLLER May 20, 2009 Hon. Bryon Brown, Mayor City of Buffalo 201 City Hail Buffalo, New York 14202 Hon. Andrew SanFilippo, Comptroller City of Buffalo 1225 City Hall Buffalo, New York 14202 Re: City of Buffalo Cellblock Payments to Erie County Dear Mayor Brown and Comptroller SanFilippo: - *V I I am writing to request the City of Buffalo's ( "City ") payment of outstanding amounts due and owed to Erie County ( "County") pursuant to the 2004 agreement ("Agreement ') between the City and County regarding the County Sheriffs ( "Sheriff') assumption of the Buffalo Police Cellblock function. Under the Agreement (attached herein), in return for providing detention services to the City, the City was required to pay the County $936,794 annually, payable in equal quarterly installments of $234,198.50, due on January 1, April 1, July 1 and October 1 of each calendar year.'. In addition, as stated in the Agreement, "At the end of 2006, and every third year thereafter, the County and the City shall review the expenses and revenues associated with the Agreement and can negotiate an increase or decrease in the amount of the annual payment to take effect in the following July I quarterly payment. " To our knowledge that no such review or negotiations reaching a new agreement have been conducted or completed. According to the Agreement, if the County and the City do reach an agreement concerning an increase, the payment automatically follows the cumulative Buffalo Area 'Agreement, § (5). ` Agreement, § (6)(A). ERIE COUNTY OFFICE BUILDING • 95 FRANKLIN STREET. BUFFALO, NEW YORK 94202 TELEPHONE: (716) 858.8400 • FAX: (716) 658 -6507 • INTERNET: wwvi.erle.gov i a Erie County Comptroller Office Letter on Cellblock to City of Buffalo May 20, 2009 Page 2 of 2 Consumer Price Index for the previous three years, subject to a 7.5% cap with any change in the amount of the quarterly payments not taking effect until the July 1, 2007 payment. 3 Despite the Sheriff's quarterly invoicing of the City for escalation amounts for the service the City has not paid the quarterly escalation amount of $17,564.89 for each quarter starting July 1, 2007 through April 1, 2009. The City has continued to pay $234,198.50 each quarter when the correct amount under the agreement starting July 1, 2007 is $251,763.39. As a. result, for the eight (8) quarters starting January 1, 2008, the City owes the County $140,519.12 for the Cellblock service. For your review, please find attached copies of the invoices sent to the City by the Sheriff for the eight (8) quarters for which escalation amounts are due to the County. Also attached is a summary invoice for the quarters prepared by the Sheriff. This letter serves as the County's formal written request that the City immediately pay the escalation amounts and becomes current in its financial obligations to the County. If you have any questions, please do not hesitate to contact me at 858 -8404. Thank you in advance for your cooperation. Sincer ly yours, Lorne Steinhart Deputy Comptroller LS /dt cc. Erie County Comptroller Mark C. Poloncarz, Esq. Erie County Executive Christopher Collins Erie County Legislature Erie County Sheriff Timothy Howard Erie County Attorney Cheryl Green, Esq. Buffalo Conurion Council Buffalo Corporation Counsel Alisa Lukasiewicz Buffalo Police Commissioner H. McCarthy Gipson Erie County Fiscal Stability Authority Buffalo Fiscal Stability Authority ' Agreement, § (6)(C). The Buffalo Area Consumer Price Index is no longer published by the U.S. Department of Labor. Using the Consumer Price Index for Northeast Urban Consumers as a replacement, the index increased from 200.2 to.215.0 from 2004 to 2006, resulting in a 7.4% increase over three years (see U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index -- All Urban Consumers Series ID CUUR0100SA0 Northeast Urban, Not Seasonally Adjusted). TIMOTRY B. HOWARD SHERIFF RICHARD T. DONOVAN UNDERSHEA RIFF SHERIFF OF ERIE COUNTY May 20, 2009 Timothy C. Callan, Ph.D. Associate Deputy Comptroller Office of Erie County Comptroller 95 Franklin Street, Suite 1100 Buffalo, NY 14202 Re: City of Buffalo Cellblock Payments Dear Dr. Callan: Enclosed please find copies of the invoices sent to the City of Buffalo, an SAP printout Of the billings, and an internal spreadsheet reflecting the status of the payments in the above referenced matter. Please note the information does not reflect the 2009 second quarter payment you recently received. As such, we concur with the amount due and awing as listed in your e -mail to me. if you should have any further questions, please feel free to contact me at 858 -6869. X l OYLE CHIEF/ ADMINISTRATIVE SERVICES BDDIme cc: Sheriff Timothy B. Howard ADMINISTRATIVE OFFICES TEN DELAWARE AVENUE y + 5B YORK €.s OM (° - m s E f} �,� BUFFALO, NEW ,1 R E C EWED FAX (716) 858 -7690 POLICE SERVICES +� i MA Y G 0 FM 1 i. ++ � `RI PARK, IFF YORK 14127 (716) 662 -5554 FAX (716) 662 -8477 WEBSITE. httP:/A ww.erta.govlsherlff SHERIFF OF ERIE COUNTY May 20, 2009 Timothy C. Callan, Ph.D. Associate Deputy Comptroller Office of Erie County Comptroller 95 Franklin Street, Suite 1100 Buffalo, NY 14202 Re: City of Buffalo Cellblock Payments Dear Dr. Callan: Enclosed please find copies of the invoices sent to the City of Buffalo, an SAP printout Of the billings, and an internal spreadsheet reflecting the status of the payments in the above referenced matter. Please note the information does not reflect the 2009 second quarter payment you recently received. As such, we concur with the amount due and awing as listed in your e -mail to me. if you should have any further questions, please feel free to contact me at 858 -6869. X l OYLE CHIEF/ ADMINISTRATIVE SERVICES BDDIme cc: Sheriff Timothy B. Howard TIMOTHY B. HOWARD SHEPJFF RICHARD T. DONOVAN UNDERSHERIff SHERIFF OF ERIE COUNTY June 28, 2007 Senior Budget Examiner John Stanchak Buffalo Police Department 74 Franklin Street Buffalo, New York 14202 . RE: Cellblock Agreement Deer Mr. Stanchak: ADMINISTRATIVE OMCES TEN DELAWARE AVENUE BUFFALO, NEW YORK 14202 -3999 (716) 858-7818 FAX (716) 856 -7680 POLICE SERVICES ONE SHERIFF'S DRIVE ORCHARD PARK, NEW YORK 14127 (716) 662 -5554 FAX (716) 662 -8477 WFBSrrE. http . /sheriff Please forward at your earliest convenience the following payment due according to the agreement established July 1, 2003 and implemented on September 1, 2003: Contractual payment for July 1.2007 234,198.50 TOTAL $ 234,193.50 Payment should be mailed to: Erie County Comptroller's Office 95 Franklin Street Buffalo, New York 14202. Thank you for your attention to this matter. Sincerely, Z ER KO CH 5T DEPUTY SUPERINTENDENT l cc: Mayor Brown. Comptroller SanFilippo TIMOTHY B. HOWARD SHERIFF RICHARD T. DONOVAN UNDER,SHERIFF ADNII ISTRATIVE OFFICES TEN DELAWARE AVENUE BUFFALO, NEW YORK 14202 -3999 (716) 858 -76i8 FAX (716) 858 -7680 POLICE SERVICES ONE SHEAIFF's bRIvE ORCHARD PARK, NEW YORK 14127 (716) 882 -5554 FAX (718) 652 -8477 WESSITE: hdp:/Aamv.erle.govlshodn SHERIFF OF ERIE COUNTY July 12, 2007 Senior Budget Examiner John Stanchak Buffalo Police Department 74 Franklin Street Buffalo, New York 1.4202 RE: Cellblock Agreement — July 3, 2007 Revised Billing Dear Mr. Stanchak: According to the agreement signed by the County of Erie and the City of Buffalo for the detention of pre - arraigned arrestees an adjusted annual payment was to be effective July 1, 2007. The billing mailed on June 28, 2007 failed to include this adjustment. Therefore, please disregard that mailing and process the following amount for payment. Adjusted July 1 2007 ?51 763:39 TOTAL Payment should be mailed to: Erie County Comptroller's Office 95 Franklin Street Buffalo, New York 14202. Thank you for your attention to this matter. cc: V OCH Y SUPERINTENDENT Mayor Brown Comptroller SanFilippo $251,703.30 TIMOTHY E. HOWARD SHERIFF RICHARD T. DONOVAN UNDERSHERD ADMINISTRATIVE OFFICES 'BEN DELAWARE AVENUE BUFFALO, NEW YORK 14242 -3959 * (716) 858.7618 FAX (716) 858-7680 POLICE SERVICES ONE SHERIFF'S DRIVE ORCHARD PARK, NEW YORK 14127 (718) 582-5554 FAX (715) 682 - 8477 WESSITE: http,Uwww.e4e.gov1shetI f SHERIFF OF ERIE COUNTY September 26, 2007 Senior Budget.Examiner John Stanchak Buffalo Police department 74 Franklin Street Buffalo, New York 94202 RE: Cellblock Agreement Dear Mr, Stanchak: Please forward at your earliest convenience the following- payment due according to the agreement established July 1, 2003 and implemented on September 1, 2003. Quarterly Pa merit due October 1 2007 $251 TOTAL $251,763.39 Payment.should be mailed to: Erie County Comptroller's Office 95 Franklin Street Buffalo, New York 14202. Thank you for your attention to this matter. Sincerely, i RT A. KOCH DEPUTY SUPERINTENDENT r � [ f/ E f TIMOTHY B. HOWARD SHERIFF RICHARD T. DONOVAN UNDERSHERIFF SHERIFF OF ERIE COUNTY April 1, 2008 Senior Budget Examiner John Stanchak Buffalo Police Department 74 Franklin Street Buffalo, New York 14202 RE: Cellblock Agreement. Dear Mr. Stanchak: ADIMINISTRATIYE OFFICES TEN DELAWARE AVENUE BUFFALO, NEW YORK 14202.3999 (718) 858 -7618 FAX (716) 858-7680 POLICE SERVICES ONE SHERIFFS DRIVE ORCHARD PARK; NEW YORK 14127 (716) 662-5554 FAX (716) 662.8477 WEBSITE: http:1w w.erle.gov /shsrift Please forward at your earliest convenience the: following payment due according to the agreement established July 1, 2003 and implemented on September 1, 2003. Quarterly Payment due January 1, 2008 $251,763.39 Quarter Pa ment due A ril 1 2008 251 7fi3.39 TOTAL $503,526.78 Payment should be mailed to:. Erie County Comptroller's Office 95 Franklin Street Buffalo, New York 14202. Thank you for your attention to this matter. Sincerely, ROBERT A. KOCH IRST D PUTY SUPERINTENDENT i i i TINIOTHYB. ]HOWARD SHERIFF RICHARD T. DONOVAN UNDERSHERIFF AMMINISTRATIVE OFFICES TEN DELAWARE AVENUE BUFFALO, NEW YORK 142172 -3999 (716) 858 -7618 FAX (716) 858 -7880 POLICE SERVICES ONE SHERIFF'S DAWE ORCHARD PARK, NEW YORK 14127 (716) 882 -5554 FAX (71 B) 682 -8477 WEBSITE, http /Avww.erle.gov /sherU# SHERIFF OF ERIE COUNTY July 1, 2008 Senior Budget Examiner John Stanchak Buffalo Police Department 74 Franklin Street Buffalo, New York 14202 RE: Cellblock Agreement Dear Mr. Stanchak: Please forward at your earliest convenience the following payment due according to the agreement established July 1, 2003 and implemented on September 1, 2003. Qyarterly Pa meet due Jul 1 2008 - - -- $251,763 39 TOTAL $251,763.39 Payment should be mailed to: Erie County Comptroller's Office 95 Franklin Street Buffalo, New York 14202. Thank you for your attention to.this matter. Sincerely, OBERT A. KOCH FIRST DEPUTY SUPERINTENDENT TIMbTHY Ii. HOWARD SHERIFF RICHARD T. DONOVAN UNDERSHERIFF ADMINISTRATIVE OFFICES TEN DELAWARE AVENUE BUFFALO, NEW YORK 14202.3999 (716) 858-7618 FAX (718) 8584680 POLICE SERVICES ONE SHERIFF'S DRIVE ORC14AFID PARK, NEW YORK 14127 (718) 562.5554 FAX (71 &) 662.8477 WESSITE: h0plAmmerle.gov/shetift SHERIFF OF ERIE COUNTY October 10, 2008 Senior Budget Examiner John Stanchak Buffalo Police Department 74 Franklin Street Buffalo, New York 94202 RE: Cellblock Agreement Dear Mr. Stanchak: Please forward at your earliest convenience the following payment due according to the agreement established July 9, 2003 and implemented on September 1, 2003. Quarterly Payment due Oct 1. 2008 $251.763.39 TOTAL. $251,763.39 Payment should be mailed to: Erie County Comptroller's Office 95 Franklin Street Buffalo, New York 14202. Thank you for your attention to this matter. Sincerely„ i OBER A. KOCH JRST PUTY SUPERINTENDENT r TIMOTHY B. HOWARD SHERIFF RICHARD T. DONOVAN UNDERSHERIFF ADMIMSTRATIVE OFTUCES TEN DELAWARE AVENUE BUFFALO, NEW YORK 14202-3999 (716) 858 -7618 FAX (716) 858 -7680 POLICE SERVICES ONE SHERIFF'S DRIVE ORCHARD PARK, NEW YORK 14127 (716) FAX (716) 562 -8477 WEBSITE: ht1p: 1/www.efie.gov 1sher1# SHERIFF OF ERIE COUNTY February 2, 2009 Senior Budget Examiner John Stanchak Buffalo Police Department 74 Franklin Street Buffalo, New York 94202 RE: Cellblock Agreement Dear Mr, Stanchak: Please forward at your earliest convenience the following payment due according to the agreement established July 1, 2003 and implemented on September 1, 2003. Quarter) Pa meat d ue_Jan _', 20Q9 251 ?fi3.39 TOTAL $251,76139 Payment should be mailed to: Erie. County Comptroller's Office 95 Franklin Street Buffalo, New York 14202. Thank you for your attention to this matter. Si der Ty, ROBERT A. KOCH FIRST DEPUTY SUPERINTENDENT TIMOTHY B. HOWARD SHERIFF RICHARD T. DONOVAN UNDERSHERUF ADNIENWRATIVE OFFICES TEN DELAWARE AVENUE HUFFALO, NEW YORK 14202-3999 (716) 858 -7618 FAX (716) 858.7680 POLICE SERVICES ONE SHERIFF'S DRIVE ORCHARD PARK, NEYJ YORK 14127 (718) 662.5554 FAX (716) 662-8477 WEBSITE: h9p,1A&rmv erle.govlsharlH SHERIFF OF ERIE COUNTY April 30, 2009 Senior Budget Examiner John Stanchak Buffalo Police Department 74 Franklin Street Buffalo, New York 14202 RE: Cellblock Agreement Dear Mr. Stanchak: Please forward at your earliest convenience -the following payment due according'to the agreement established July 1, 2003 and implemented on September 1, 2003. Quarterly Payment due April 1, 2009 $251,763,39 TOTAL.. $261,703.39 Payment should be mailed to: Erie County Comptroller's Office 95 Franklin Street Buffalo, New York, 14202. Thank you for your attention to this matter. $incerely, J RT KOCH DEPUTY SUPERINTENDENT AGREEMENT Transferring the detention of pre arraigned arrestees from the City of Buffalo to the County of Erie THIS AGREEMENT made as of the I Sf day of �1�) 200 '* by and between the COUNTY OF ERIE, a municipal corporation of lie State of New York having its principal office at 95 Franklin Street, Buffalo, New York 14202 (hereinafter the "COUNTY ", and the CITYOF BUFFALO, - a municipal corporation of th6 State of New York, having its principal office at City Hall, Niagara Square, Buffalo, New York 14202 (Hereinafter the "CITY "). WHEREAS, the COUNTY, through the Erie County Sheriffs Office (hereinafter "Sheriff'), operates the Erie County Holding Center (hereinafter "Holding Center ") and the Erie County Correctional Facility (hereinafter "Correctional Facility'); and WHEREAS, the Holding Center and the Correctional Facility are used for detaining both the Sheriffs pre - arraigned arrestees and, by agreement with the CITY dating to 1983, pre- arraigned females arrested in the City of Buffalo (pre - arraigned arrestees shall hereinafter be known as "Arrestees "); and WHEREAS, for as long as the CITY'S female Arrestees have been detained by the Sheriff in the Holding Center and the Correctional Facility, there has been no need for a CITY cellblock for ferrule Arrestees; and WHEREAS, the CITY and the COUNTY now desire to eliminate the duplication of services between the municipalities relating to the detention of Arrestees by having all of the CITY's Arrestees detained by the Sheriff at the Holding Center and/or Correctional Facility; and W HEREAS, it is expected that as arrangement whereby the Sheriff detains all of the CITY's Arrestees will result in fiscal and other benefits for both the COUNTY and the CITY; and WHEREAS, such an arrangement would eliminate the need for the CITY to own, operate and maintain a cellblock; and. WHEREAS, in Chapter 213 of the Laws of 2002, the New York Legislature amended Correction Law Sections 500 -a and 500 -c to permit the Holding Center and the Correctional Facility to be used for the detention of Arrestees from the CITY and elsewhere; and WHEREAS, it is hoped that if such a detention arrangement is successful. the CITY and the COUNTY will enter into additional cooperative arrangements that will eliminate duplication of services, reduce costs and increase the effectiveness and efficiency of other municipal services. NOW, THEREFORE. in consideration, of the mutual coveriants and promises set forth herein. tite QOUNTY and the CITY agree as follows: 1. 'Perm, Expiration, Termination and RenewaL A. The term of this Agreement shall be five (S). years, icommencing 417 1, 2,003 and expiring on June 30, 20 08, unless this agreement shall be terminated beforehand pursuant to the termination provisions set forth herein. This Agreement shall automatically renew for four (4) additional five (5) year terms, unless either Party who does not desire to renew the Agreement provides two (2) year's written notice of non-renewal to the either Party prior to the expiration of each term. B. If one Party shall default on any of its obligations pursuant to this Agreement, the non- defautlting Party may prrovide the defaulting Party with written notice of the default. If the defaulting Party does not cure the default or undertake good faith efforts to cure the default within thirty (30) days of receipt of the written notice of default, the non - defaulting party may terminate fl - Lia Agreement upon an additional thirty (30) days written notice to the defaulting party. The defaulting party shall he liable to the non- defaulting party for any damages relating to the default. C_ Three (3) years prior to the expiration of the fifth and final five (5) year term of this Agreement, the Parties shall commence the process of determining whether the renewal of this Agreement for additional terms is necessary and upon what terms and conditions this Agreement shall be renewed. 2. Sherif'f's Detention of CITY Arrestees. A, The COUNTY, through the Slv,riff, shall provide detention services ( "Detention Services ") for all male and female Arrestees of the CITY. "Detention Services" shall include, but not be limited to: (a) certain booking functions such as fingerprinting and snug shots, checking the arrest history of Arrestees, screening the Arrestees for medical and psychological history and risk assessment of Arrestees; (b) providing a secure detention facility or facilities ("Detention Facility "), including provision for guards and other personnel and the rendering of heat, electricity and waterto'the Detention Facility; (c) performing maintenance and capital improvements on the Detention Facility; (d) receiving Arrestees from the CITY or from Other Arresting Agencies (as hereinafter defined); (e) the secure detention of Arrestees until their arraignment; (f transporting Arrestees from the Detention Facility to the respective courts and within court buildings through completion of the arraignment; (g) securing the presence of Arrestees in the respective courts through completion of their arraignment; (h) attending to the basic medical needs of the Arrestees after the Arrestees are accepted into the Sheriffs custody; (i) permitting the CITY or the Other Arresting Agencies access to the Detention Facility N for investigative and other purposes; and 0) the release of Arrestees into the custod y of the CITY or the Other Arresting Agencies. B. Detention Services do NOT include the transportation of Arrestees betiveen tiie CITY's facilities and the Detentin Fa f tlec creation Arrestee. of arrest or other reports, or the interrogation. investigation or prosecution 3. Medical treatment of Arrestees prior to Detention. A. Prior to the Sheriffs acceptance of the Arrestee into the Sheriffs custody, the CITY shall provide necessary medical attention to the Arrestee and if necessary, transport the Arrestee to and from appropriate hospitals, if one or more of the folloiving conditions exist: a. The Arrestee is sick, ill or injured. b. The Arrestee is mentally ill. C. The Arrestee's ability is impaired by alcohol or drugs to the extent that he is unconscious or semi- conscious or he poses a danger to himself or others. d: The Arrestee ingested or is suspected of having ingested any foreign object or substance. B. The Sheriff reserves its right to refuse to perform Detention Services for any ,Arrestee if the Sheriff, in its sole discretion, determines that one or more of the above - referenced conditions has not been alleviated upon the Sheriffs receipt of the Arrestee from the CITY. The Sheriff may require the CITY to provide proof of medical treatment upon the Arrestee, including but not limited to a letter or report, of a treating physician, prior to the Sheriff's acceptance of the Arrestee. 4. Transfer of CITY property to COUNTY, On the Implementation Date (as hereinafter defined) of this Agreement, the COUNTY shall purchase for $1.00, and the CITY shall sell to the COUNTY, one 1999 Ford prisoner transport van, VIN# 1 FDXE40F5XHB 12800 ( "Van "). All registration, warranties, manuals and other documents relating to the ownership of the Van shall also be transferred from the CITY to the COUNTY at this time. The CITY shall also deliver to the COUNTY a bill of sale for the Van. The COUNTY accepts the Vast in "as -is" condition. 5. Costs and Revenues In return for providing Detention Services to the CITY, the CITY shall pay to the COUNTY the initial annual sum of $935,794 ( "Annual Payment "), payable in equal quarterly installments of $234,198.50. The f rst installment shall be due on or before July 1, 2003 and the second installment shall be due on or before October 1, 2003. Thereafter. installments shall be due on or before January I ( "First Quarterly Payment "). April I ( "Second Quarterly Payment "), July I ( "Third Quarterly Payment ") and October 1 ( "Fourth Quarterly Payment ") of each calendar year. 6. Escalation Clause A. The amount of the Quarterly Payments shall remain stable until July 1, 2007. At the end of the third full calendar year of the Agreement (2006), and at the end of every third calendar year thereafter, the COUNTY and the CITY shall review the expenses and revenues associated with this Agreement and negotiate an increase or, decrease (if any) in the Annual Payment (such an increase or decrease shall be known as an "Adjustment'). The review (hereinafter "Review ") shall consider, among other factors, additional capital improvements made by the COUNTY to the Detention Facility, increases or decreases in personnel and operating costs of the Detention Facility, the number ofArrestees from the CITY and Other Arresting Agencies that are serviced by the Detention Facility, and the fiscal impact of changes in laws and regulations_ relating to the operation of the Detention Facility. The Adjustment shall be factored into the Annual Payment (hereinafter "Adjusted Annual Payment "), and the first Adjusted quarterly payment (hereinafter "Adjusted Quarterly Payment ") shall be due at the Third Quarterly Payment following each Review (i.e. July 1, 2007, July I, 2010, July 1, 2013, etc.). D. During each Review, the CITY Comptroller, or other fiscal officer as may be designated by the CITY, shalt have the right to audit the finances of the Detention Facility, pursuant to Paragraph "9" below, for the purpose of calculating the appropriate Adjustment. C. The CITY and the COUNTY shall make a concerted, good faith effort to arrive at an appropriate Adjustment during each Review. However, if the COUNTY and the CITY cannot agree upon an Adjustment before the due date of the Third Quarterly Payment following each Review, the Annual Payment will be increased for the nett tluee years by the lesser of (1) the cumulative increase in the Buffalo Area Consumer Price Index ( "CPI ") for the previous three years; or 7,5 %, constituting an average of 2.5% per year for the previous three years. The first Adjusted Quarterly Payment will be payable beginning with the Third Quarterly Payment following each Review. EXAMPLE: In the fourth quarter of the third full calendar year (2006) of the Agreement, the Parties shall commence the Review process. If they cannot agree upon an Adjustment before the Third Quarterly Payment in the fourth full calendar year of the Agreement (July I, 2007), increases in the CPI for 2004, 2005 and 2006 will be used for determining the Adjustment. If the CPI in 2004 was 2 %, in 2005 it was 3 %, and in 2006 it was 2 %, the Adjustment would be 7% of the Annual Payment, or $65,575.58, and the Adjusted Atmual Payment will be $1,002,369.58 ($936,794 + $65.575.58). The Adjusted Quarterly Payment would therefore be $250,592.40 ($1,002,369.58 — 4 annual payments). The f rA payment based upon this Adjusted Annual Payment will be due at the Third Quarterly Payment (July 1, 2007). Every three years thereafter (July 1, 2010. July 1, 2013, etc.) the Adjusted Quarterly Payments will be altered to reflect changes in the Adjusted Annual Payment. If, however, the cumulative CPI for the three previous 4 years total more than 7.5 %, then the Annual Payment will increase by no more than 7,5 %. or $70 for an Adjusted Annual Payment of $1,007 = 05153 7. Detention Services for Other Arresting Agencies. The CITY represents that it currently performs Detention Services for the City of Buffalo Police Department and for other law enforcement agencies that make arrests in the City of Buffalo (hereinafter "Other Arresting Agencies "), The COUNTY shalt hereinafter offer Detention Services for these Other Arresting. Agencies and. shall execute separate agreements with them on.such terms and conditions as the COUNTY and the Other Arresting Agencies shall agree upon. The Annual Payment from the CITY to the COUNTY is based solely upon the Detention Services that shall be performed by the Sheriff for Arrestee's from the City of Buffalo Police Department. 8, Failure to Make. Payments. Should the CITY fail to make one or more Quarterly Payments to the COUNTY, the COUNTY may, at its sole discretion, terminate this Agreement pursuant to the terms contained herein. Upon termination, the CITY shall be solely responsible for obtaining Detention Services elsewhere. 9. Audit. The COUNTY, upon reasonable notice from the CITY, shall make available to the CITY such books, papers and other items which evidence the COUNTY'S revenues and expenses relating to providing Detention Services to the CITY. 10. Personnel.. A. Cellblock Attendants and Senior Cellblock Attendants employed by the CITY shall be eligible for transfer to the COUNTY and the Sheriff', as co- employers, pursuant to Civil Service Law Section 70. Upon the Implementation Date of the transfer, as hereinafter defined, said CITY employees shall be subject to the terms of the applicable collective bargaining agreement in the Sheriffs Office. The CITY agrees to provide health insurance coverage for said transferred Cellblock Attendants and Senior Cellblock Attendants for a maximum of six (6) weeks after the Implementation Date. B. At least thirty (3 0) days prior to the Implementation Date of dais Agreement, the City shall provide Local 264 AFSCME and the County with the names of the employees who are to be laid off as a result of this Agreement. Il. Regulatory Compliance. The COUNTY and the CITY shall cooperate with one another throughout the performance of this Agreement in order to comply with federal, State or municipal laws and regulations pertaining to the operation of the Detention Facility, including, but not 5 limited to, compliance with the regulations and directives of the New York: State Department of Corrections and other agencies. 12. Capital Improvements. The COUNTY reserves its right to make any and all capital and other improvements to the Detention Facility and ancillary facilities as it deems necessaq without the consultation of or approval by the CITY. 13. Insurance. The COUNTY and the CITY each - have their own program of risk management self-insurance for general liability, automobile liability, medical malpractice and workers compensation coverage. Such self-insurance coverage shall cover the COUNTY`s and the CITY's respective activities with regard to the operation of the Detention Facility. in the event one of the Parties purchases an insurance policy or policies covering its respective activities and obligations regarding the operation of the Detention Facility, the party purchasing the insurance shall so notify the other Party in writing no later than ten (10) days after the effective date of the insurance policy(ies) and shall name the other Party as an additional insured on the policy(ies). 14_ Legislative Authority. In addition to the authority provided by the State Legislature, as set forth above, for the Parties to enter into this Agreement, authority to enter into this Agreement has been specifically granted to the COUNTY by a resolution adopted by the Erie County Legislature on .Tune 19, 2003 (Reference: Comm. 11 E44); and authority to enter into this Agreement has been specifically granted to the CITY by a resolution adopted by the City of Buffalo Common Council on June 24, 2043 (Reference: 104 -CCP). is. Effective Dante f Implementation hate. The effective date ( "Efjfective Date ") is the latter date of execution of this Agreement by either the COUNTY or the CITY. The implementation date ( "Implementation Date ") of this Agreement is July 1, 2003. 16. Executory Provision, The COUNTY and CITY specifically agree that this Agreement shall .be deemed executory only to the extent of the monies available and appropriated to the COUNTY and CITY, respectively, for the purpose of this Agreement and that no liability shall be incurred by the COUNTY or CITY beyond the amount of such monies available. 17. Notices 6 Any notice required or permitted to be given hereunder shall be in writing and deemed to have been. properly given when personally delivered or depositcd in the United States mail, postage prepaid, certified or express mail, return receipt requested, addressed to COUNTY or CITY, as the case may be. as follows. If to COUNTY: If to CITY: Erie County Executive Mayor – City o f. B u f f a l o 95 Franklin Street 2 01 C t v Hal ] :. _ 6 S _N i a g a_rA g q u a r e Buffalo. New 14202 Buf falo, NY 14202 . With a Copy to: Erie County Department of Law city of Buffalos pf artment of Law 69 Delaware Avenue, Suite 300 -ILO-0 city Hall, 65 Nia gara Square Buffalo, New York 14242 Buffalo, NY 1+202 Each Party may designate other addresses for receipt of notices upon written notice to the other Party. 18, Assignment, Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the COUNTY and the CITY respectively and their successors, assigns and representatives. Neither the COUNTY nor the CITY shalt bave the right to assign, transfer or sublet its interests or obligations hereunder without the written consent of the other Party. 19. Indemnification. Each Party agrees to defend, indemnify and bold humless the other Party and its . a.gent. , 3, employees and representatives, against all claims, losses, damages, injuries ar other disputes which result directly or indirectly from the services provided by each respective Party pursuant to this Agreement. 20. Scope of Agreement. This Agreement constitutes the entire agreement and understanding between the Parties hereto, and it is agreed that any change in, addition to, amendment or modification of the terms hereof shall be of no effect unless reduced to writing and executed by bath parties hereto. , 21. Separability Clause. if any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Agreement shall remain in fictl force and effect and shall in no way be,af fected, impaired or invalidated. 7 22. Neiv York Law Applies. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. 23. Execution in Counterparts. This Agreement may be signed in counterparts. IN WITNESS'W)HEREOF, the Parties hereto have executed this Agreement on the date first above written. FOR THE COUNT .Joel A. ambra Erie Co my Executive y Carl J. Calabrea, nnp CE Appro as t ontent: Patrick U4. 94 1livan Erie Couh4 Sheriff' Approved as to Form: Brian D —White Assistant County Attorney (CellBlack— �tgr•eellre � � Wj �� l 8. FOR THE CITY: C th ©ny . Masiello Mayor --City of Buffalo ApprovedLas to o tent: . t TI 7 gXC.A • • bl i t t s poj"f I, Approved as to Form: � _ Michael E. R.isman City of Buffalo Corporation Counscl f FROM THE COMMISSIONER OF FIRE June 9, 2009 000` _1'tl ') si ) COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: JUNE 4, 2009 FROM: FIRE DEPARTMENT PRIOR COUNCIL REFERENCE: None SUBJECT: Mandatory Radio Frequency Reconfiguration /Formal Authorizations Request The City of Buffalo Fire Department's Radio Shop maintains the radio systems for every department of the City of Buffalo. The Federal Communications Commission ( "FCC ") is requiring a radio frequency reconfiguration that will impact certain radio bandwidths and radio equipment currently used by the City's Police Department and Water Department. The necessity of the frequency reconfiguration is attributable to communications upgrades being implemented across the United States by Sprint Nextel under authority of the FCC. Accordingly, the FCC is requiring that Sprint Nextel absorb the costs associated with the frequency reconfiguration being imposed upon municipalities and entities across the United States. Each municipality (and related departments /entities) which is (are) subjected to the FCC's mandatory frequency reconfiguration is impacted in different ways and therefore the FCC has set up a negotiation program and schedule that will accommodate the variables involved in each municipalities' cost- shifting negotiation with Sprint Nextel. An outline of the tasks imposed by FCC generally require that the City allow the FCC's "800 MHz Transition Administrator, LLC or ( "TA ")" a key role in facilitating the negotiations between the City and Sprint Nextel. Accordingly, the City will need to promptly take certain actions involving the frequency reconfiguration that will include but not be limited to negotiations with Sprint Nextel, coordination of the new frequencies with Canadian authorities, and the purchasing, installing and programming of the new and existing radio equipment necessary to facilitate the frequency reconfiguration in a manner which is efficient, cost effective and advantageous to the City of Buffalo. It is currently estimated that the costs to implement the frequency reconfiguration will be in excess of $200,000 but less than $290,000. r I fi The City will not be responsible for any front end or up front costs or any other costs associated with this reconfiguration. Accordingly, the Fire Department requests your Honorable Body to generally endorse the efforts and actions which are necessary to facilitate the frequency reconfiguration and to generally hereby authorize the Fire Department to take all such actions and execute all such documents as are necessary to facilitate the role of the FCC's Transition Administrator as well as the actual frequency reconfiguration. The Fire Department further requests your Honorable Body to grant it the specific authority to enter into contracts, agreements and or other or related appropriate arrangements with Sprint Nextel and or frequency consultants and or material or radio equipment suppliers /installation and operations experts as are necessary to facilitate the frequency reconfiguration. The Fire Department further requests your Honorable Body to authorize the Fire 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 frequency reconfiguration. The Fire Department further requests that your Honorable Body hereby direct the Corporation Counsel and other appropriate City personnel to finalize said contracts and other necessary documentation wherever necessary for execution and frequency reconfiguration implementation and cost - shifting to Sprint Nextel, such authorization to include but not be limited to the acceptance of funds by appropriate City personnel from Sprint Nextel or their agents (and the appropriate expenditure of such funds) for all costs associated with the frequency reconfiguration. Mr. Fontana moved: That the above communication from the Commissioner of Fire dated .Tune 4, 2009, be received and filed; and That the Commissioner of Fire, be, and he hereby is authorized to enter into contracts, agreements and /or other or related appropriate arrangements with Sprint Nextel and or frequency consultants and/or material or radio equipment suppliers /installation and operations experts as are necessary to facilitate the frequency reconfiguration. That the Acting Corporation Counsel and /or other appropriate City personnel to finalize said contracts and other necessary documentation. Passed. 18 TAB:rmv tAwp60\msword\ m01k6- 9a.doc 0 � DAVIS * * - * FONTANA * * * * * * FRANCZYK _ * * * GOLOMBEK * * _ * * * * KEARNS * * _ * * * * LOCURTO * * _ * .- ------- * -*- * RIVERA * * * * * * * * * * * * * * * RUSSELL * * * [- ` ' [MAJ~ 5| [%/3 -6l [3/4 - 71 * * * * * * � � _ _ _ * * * E S FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES June 9, 2009 0002 1 To: The Common Council: Date: June 4, 2009 From: Department of Economic Development, Permit & Inspection Services Division: Ty e in Upper and J Lower Case Only Office of Licenses Subject: [: Food Store (New) [: 177 Riley (Ellicott) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, 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 177 Riley (Buffalo Yeman Market Inc.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, 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. REFERNEK TO 'rv? r--- COMMITTEE M '�h�N Tye Department Head Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER Si Fns attire of Department Head: JC:PS:rf f. t CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: BUFFALO YEMAN MARKET INC LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON 177 RILEY 884 -0502 EL 06 ALI 1IABABI 553458 03/03/2009 WNEW LICENSE 2410 STORE OPEN AND OPERATING WITHOUT A LICENSE (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) DATE: APPROVED - -- DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT s AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppsrlpZ rpr OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: BUFFALO YEMAN MARKET INC LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 177 RILEY BUSINESS PHONE: 884 -0502 COUNCIL DISTRICT: EL POLICE DISTRICT: 06 APPLICANT NAME: ALI HABABI APPL. PHONE: APPLICATION NUMBER: 553468 REFERRAL DATE: 03/03/2009 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL RACK 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. RnnslipZrP, CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: BUFFALO YEMA.N MARKET INC LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 177 RILEY 884 -0502 EL 06 ALI I IABABI 553468 03/03/2009 NEW LICENSE 2010 STORE OPEN AND OPERATING WITHOUT A LICENSE (TO BE COMPLE'T'ED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT S AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsupz.rpr CITY OF BUFFALO r n � rJ OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: BUFFALO YEMAN MARKET INC LICENSE TYPE: FOOD STORE � v BUSINESS ADDRESS: 177 RILEY BUSINESS PHONE: 884 -0502 COUNCIL DISTRICT:. EL POLICE DISTRICT: 06 APPLICANT NAME: ALI IIABABI APPL. PHONE: - APPLICATION NUMBER: 553468 REFERRAL DATE. 03/03/2009 REMARKS: DISAPPROVAL REASON: APR 0 8 2909 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: ') 3 o 4r g DISAPPROVED DATE: R.EMA1 KS: DISTRICT CAPTAIN: APPROVED DISAPPROVED [AVA A' DATE: ' 3 1 3 b I o 'l DATE: * *TREASON FOR DISAPPROVAL TMU BE STAT .D BELOW *x* REMARKS: COMM. OF POLICE: VaPutY commission@ AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. fAppSlip2rpi f CITY OF BUFFALO OFFICE 0F LICENSES 313 C fFY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: BUFFALO YEM.AN MARKET INC LICENSE TYPE: FOOD STORE NEW LICENSE 2010 BUSINESS ADDRESS: 177 RILEY BUSINESS PHONE: 884 -0502 COUNCIL DISTRICT: EL POLICE DISTRICT: 06 APPLICANT NAME: ALI IIABABI APPL. PHONE: - APPLICATION NUMBER: 553468 REFERRAL DATE: 03/03/2009 REMARKS: DISAPPROVAL REASON: (TOME COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) =APPRCiVED _. . DISAPPROVED DATE: DISAPPROVAL DATE: CALL RACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: �- INSPECTOR G )L:ZJ7 RM# 1 - EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlip2.rpf Department Ot Economic Development, Permit & Inspection SerVieeT5L1'�f �r Office Of Licenses 313 City Hall Buffalo, NY 142€32 � Phone: (71 f) 851. 4078 FAX (716) 851-4952 cAl a check the category you areapp fr E�E�SE APPLICATION. Please � Y Y Restaurant - Food Store Bakery /Confectioner Restaurant Take -Out - Meat, fish, & Poultry Caterer Date /7 ,4,-- c R2 _ 20 0_ Applicant Name a Home Phone L Applicant Address 1'le - + VY 1 1 4 2 e, Number and St4 et City State ZIP Co-- Applicant Name Co Applicant Address Number and Street City State ZIP Corporation Name f}t ,f late Incorporated Business Name Business Phone BusinessAddress 7� t 4 A' Number and S eet City State ZIP Date - Business Certi ficate Social Security # — Mauling Address (if different from business) State Tax 1D # Number and Street City State ZIP Number of employees (Baker 1CoufectiGRer only) FEES Restaurant 0 -200 seats__ $174,00 201 -400 seats.._. $250.00 400+ seats,,.. $250.00 Restaurant Takeout__ .................. $ 88.00 Catering. . .... _ .. ........ ................. $ 88,00 Food Store ........ $115.00 Meat, Fish & Poultry (2 yrs) .......... $150.00 Baker/ 0 -2 employees $­63.00 i Confectionery 3110 employees _ $105,00 11 -25 em ployees... $157.00 2650 employees.-. $31:5.00 51 -200 employees ., $525.00 Applicant Signature F Tint Name � bsonbed and sworn to before me this 0 � day of �� -...- Commisioner of Deeds in and r the City of Buffalo, New York 0001 :x`? Single Page Communication to the Common Council "I'o: The Common Council: Date: May 22, 2009 From: Department: De )artnae;nt of Econornic Development Permit &. Inspection Services Division: SubJect: Prior Council Reference: (!f ainy) F'Xt. ( Item No xxx, C.C.P. xx/xx/xx Office of Licenses [: Restaurant Dance License (RI NFWAL) 2807 Bailey Avenue (East) ( t ov) PUrivant to Chapter 150 of the City of Buffalo Ordinances, please he advised that I have caused an investigation into the premises located at 2897 Bailey Avenue 1:or which said renewal application for a Restaurant Dance Class IV license is being sought by HycinthPatterson and according to the attached reports from the lire; Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever t,Ction you decnn appropriate. ez < LAT 10 N I ype Department Head Name: `hype Titte: Signature of Department Head JC:cap 141 (Rev.01 /E993) Janes Comerford D uty Comrnisioner J4 De . ty Commissioner !A I Date: May 22, 2009 To: Patrick Sole, Jr., Director of Permit & Inspection Services RE: Common Council Coniniunication Restaurant Dance (Renewal) - 2897 Bailey Avenue Per City of Buffalo Ordinance Chapter] 50, the following is a cheek list of requirements for a Restaurant Dance renewal to the Common Council: Fire Prevention Building Inspection Police Department f q Date Hsli_ Department Permit & lnspectons Services CITY OF BUFFALO OFFICE OF LICENSES JIJ CAP Y IIALl, BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: CARIBBEAN EXPERIENCE LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: RENEWED LICENSE 2010 2897 BAILEY (716) 689 -2582 UN 00 IIYCINTH PATTERSON (000) 000 -0000 207638 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) (: APPRO:VF,D DAT E: VED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW`" REMARKS: INSPE CTOR RM # EXT CTOR AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppS1rp2.rp1 CITY OF BUFFALO OFFICE OF LICENSES 343 CIT H ALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: CARIBBEAN EXPERIENCE LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS- DISAPPROVAL REASON: 2897 BAILEY (716) 689 -2582 TJN 00 IIYCNTH PATI'ERSON (000) 000 -0000 207638 RENEWED LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPAR'I'MENT REFERRED TO) 'A PPROVED DATE:' DISAPPROVED DATE: DISAPPROVAL CALL BACK ***REASON FOR REMARKS: DATE: AL MUST BE STATED BELOW` INSPECTOR Y `�` !� �°"- RM# EXT t AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsrplrp: CITY OF BUFFALO OFFICE OF LICENSES M3 CITY HALL BUFFALO, NEW YORK 14202 " F INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: CARIBBEAN EXPERIENCE LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL_ PHONE: APPLICATION NUMBER: REFERRAL DATE: .REMARKS: DISAPPROVAL REASON: 2897 BAILEY (715) 689 -2582 UN 00 HYCINTH PATTERSON (000) 000 -0000 207538 RENEWED LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 2 n k y DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: J- Co /oq 11 U DATE: "REASON FOR DISAPPROVAL MUST BE STATED BELOW ** REMARKS: COMM. OF POLICE: p AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpt 0002 Single Page Communication to the Common Council ' }' To: The Common Council: Date: May 22, 2009 From: Department: Department of Economic Development, Permit & Ins e ( Serv Division: Office oP Licenses Subject: [: Restaurant Dance License (RFNEWAI..,) [: 681 .Main Street (West) Prior Council Reference: (if any) f: F'xt. ( Item No. xxx, C.C.P. xxlxxlxx Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 681 Main Street for which said renewal application for -a Restaurant Dance Class III license is being; sought by Arthur Kwitchoff and according to the attached reports front the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE 'hype Department Head Nance Type Title: Signature of Department Dead: 1C:cap 41 (Rev. 0111993) .lances Comerford Deputy Cornmisioner Deer ty Commissioner Interdepartmental Memo Date: May 22, 2009 To. Patrick Sole, Jr., Director of 1 ci & Inspection 'Serviecs RE. Common Council Comm - n lication — Restaurant Dance (Renewal) - 681 Main Street Per City of 3u(falo Ordinance Chapter]. 50, the following is a check list of reyuirennents for a Restaurant Dance renewal to the Common Council: E 1 Prevention 0 Building Inspection Police Department Date ')I� Department Permit & Inspectons Services 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: TOWN BALLROOM LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSYNESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 681 MAIN 852 -3900 EL 03 ARTHUR KWITCHOFF 874 -7291 541527 RENEWED LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: LZ 04 DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR , RM# EXT _. AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS � REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSltp2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: TOWN BALLROOM LICENSE TYPE: RESTAU T/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 681 MA 852 -39 ARTHUR KWITCIIOFI: 874 -7291 541527 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) =APPROVED DATE:___ DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: " *REASON FOR DISAPPROVAL MUST BE STATED BELOW' ** REMARKS: 2010 INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppS11p2rpt 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: TOWN BALLROOM LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 681 MAIN 852 -3900 EL 03 ARTHUR KWI I'CHOFF 874 -7291 541527 a pA -- F l RENEWED LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: � 16 DISAPPROVED REMARKS: oll DISTRICT CAPTAIN: k APPROVED DISAPPROVED DATE: "'REASON FOR DISAPPROVAL MUST BE ATED BELOW * ** F _ REMARKS: COMM. OF POLICE: nee ty Ctiitllti _ c ' AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. DATE: DATE: Z ;: AppSlip2 -rpt #1 (R-v. 1193) Single Page Communication to the Common Council MAC, 2 To: The Common Council: Date: May 22, 2009 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: [: Slaughterhouse [: 1285 William (Lovejoy) E� Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xx/xx/xx Text ( Type Single Space Below Pursuant to Chapter 391 of the City of Buffalo Ordinances, please be advised that 1 have examined the attached application for a Slaughterhouse located at 1285 William St. and find that as to form is correct. 1 have caused an investigation into the premises for which said application for a Slaughterhouse License is being sought and according to the attached reports from the Zoning Office. This request is submitted for your approval or whatever action you deem appropriate. a E L Type Department Head Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER � Signature of Department Head: �- r JC:PS:jd VF 7: Interdepartmental Memo Date: May 22, 2009 To: James Comerford, Deputy Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Slaughterhouse at 1285 William. Per City of Buffalo Ordinance Chapter 391, the following is a check list of requirements for . a Slaughterhouse application to the Common Council: Zoning Office Application Date UlVY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK l :202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: ERIE COUNTY HEALTH REFERRED TO: HEALTH DEPARTMENT APPLICATION FOR: BUFFALO HALAL MARKET INC. LICENSE TYPE: ,SLAUGHTERHOUSE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER.: REFERRAL DATE: 1285 WILLIAM (917) 392 -8573 FI 08 YOUSEF .IAARALI (374) 401 -1077 553895 04/24/2009 REMARKS: DISAPPROVAL kJFASOIV: �e 41 �alFy�Q Health NEW LICENSE (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOWA' REMARKS: S t VIoU a Obt Q r' ne &„ [ j1, INSPECTOR RM# 2009 EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. flppSlrpl.rpt CITY OF BUFFALO OFFICE OF LICENSES BU F FA LO, p� 313 CITY HAL y BIJI+FA O, IlfR± W YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINNIE FERRARACCIO APPLICATION FOR: BUFFALO HALAL MARKET INC. LICENSE TYPE: SLAUGHTERHOUSE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT : APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1285 WILLIAM (917) 392 -8573 f'1 08 YOUSLF JAARAII (374) 401 -1077 553895 04/24/2009 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) i' APPROVED DISAPPROVED DISAPPROVAL. CALLBACK DATE: ?r�� DATE: DAT ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS:z.' INSPECTOR. I RM# J __ EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsrpz,rpt OFFICE. OF LICENSES BRIAN REILLY Commissioner APPLICATION MUST BE COMPLETED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS t *�3 n. ` Y (PLEASE f- CK I,ICI�NSL: CAI'[Y.ORY(S) APPI,YING F'OR) Rate "; — x0 _ JAM Fs COMERFORD, Jr Deputy Commissioner SLAUGH'T'ERIIOUSE $157.50 EXPIRES June 30" s rte' APPLICANT NAME; L_TI_' . •l I' ! -� a,c �(: f<4 � f' I IIONI NO. ADDRESS e,� t .` }�mm. _ -.`1 Q,3 (NO., STREET) (CITY,TOWN, OR VILLAGE) (S I'A "I'E) (III) APPLICAW DIO /F3 I Arm UNI'l'EL) S'I'A"I'l S CITIZEN _ j _ _ — (NO) I LAVE YOU EVER B.EF,N C:ONVICIE'D OF A CRIME? � � CORE ORATION NAME; _ r C ( DATE INCOW'ORATEI) I `_...t $.._ .. BUS INI:SSNAII; HONE: NO. t BUSINESS ADDRESS CiTy OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, � �� PERMIT & INSPECTION SERVICES 115. 000"_ ' �) JUN 0 1 2009 # 1 (Rev. 1133) Sin le Pam Communication to the Common Council To: The Common Council: Date: May 29, 2009 y From: Department of Economic Development, Permit & inspection Services Division Type in Upper and Lower Case Oni� Office of Licenses Subject: [: Used Car Dealer [: 954 Niagara (Niagara) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P, xx/xx/xx Text ( Type Single Space Below Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 954 Niagara St. and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of James Rhodes. The attached thereto for James .Rhodes dba/ JTR Motor Car. This request is submitted for your approval or whatever action you deem appropriate. REFE'FIR-EP TO `' COMMITTEE ON LE"GISLATION., Type Department Head Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER Signature of Department Head: �i> JC:PS:jad Interdepartmental Memo Date: May 29, 2009 To: James Comerford, Deputy Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Used Car Dealer at 954 Niagara. Per City of Buffalo Ordinance Chapter 254, the following; is a check list of requirements fora Used Car Dealer application to the Common Council: Zoning Office Fire Prevention Inspection Police Department Police Record Check Application I WW' Director Permit & Inspection Date )v uy7s''(ntKeV ' I ` '- A 1 3 F KA- Ll ., TO: nrrfalo Police Depart gent ldentit`ieztion section 74 Frankfiv Street Ilizrfi W0 , New York 14202 APPLICATIO POE LEASE F ORM There is a X10.00 fee to process this data. Fay mail, payment MUST be roado by money order. ]1Do NOT send cash through the mail. In person, paytiwnt can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffaa r Police Department. Be sure to include a stamped, self- addressed envelope so that this information cart be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public. ( Corxlznissiorzer of Deed,, as listed oil fihe bottorn o f this application. Without total compliance to these instructions , you W11, j, lJoT feceive the requested information. ALI SAGNA A URES W(R3T BE 0][11G.9NAL _ � .�. �-J,' �° /1 A]ID EN NAME NAl�1 OF APPL1 ANT ` _� T RAC CU>`t "ENT ADD RI} SAS: DATE OF ,S ��'U R 1i y #_, REASON ....._ t ���TJ)�;,`s'I' �`t � 5 SIGNATURE OF APPLICANT s DATE___.__ STATE OF NEW YORK COUNTY OF ERIE ) s5. CITY OI BUFFAL0 ) Orr the da of - �_� � ._ -__._ __._.._ 200 , before me personally appeared _ y F. �'; • � � �o o.- � �. � _ __ > to z7ze lcilowrl to be the same person descvibed in, and who xeceZLi W � f � d. inieD coti the and acknowledged the exeon e reof. 1'. Notary Public - ft9to of Now York Y V . Qualified in Eri=e County � ��� My ��ommi fail a rpives Aug. 31, 2009 Notar} �- ublic I Cornznzssic�rzer of Dceds �� p `' 7��TTyy � �� �iYON1V A�)1� *�'k �r i4 �r �'7F +k am TO BE C.'01�il1I'lI_,llf�'1 E D 1w I D>E;N'1 I CATION SECTION ,r E � VERIFIED I� I IRE('ORD ATTACHED DATE VERIFIED r I�?(D RIEtC`�D)1�IlD ON FILE NOTE: USI , Off' 't HIS INFORMATION 1S NOT BAS ON F 1NGE 1TDEN.T1)E WA`t'110N. ADO NOT )l;tE FAIN AF"li'1. TA 60 DAYS FROM DATE V E;RNYR END. MMUK- AUD- IN'1' L �TTAUZKV- CITY OF BUFFALO OFFICE OF LICENSES ` f 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OIL POLICE APPLICATION FOR: JTR MOTOR CAR LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: 954 NIAGARA. BUSINESS PHONE: (716) 830 -8085 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL, DATE: REMARKS: DISAPPROVAL REASONz JAMES RHODES (716) 830 -8085 553823 04/13/2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 16 NEW LICENSE 2010 DISAPPROVED DATE: REMARKS: f f DISTRICT CAPTAIN: l Y APPROVED DATE: DISAPPROVED DATE: ***REASON FOR DISAP OVAL.1VIUST BE STATED BELOW *** REMARKS: ss COMM. OF POLICE: Deputy COxffcli AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppRip2g3t CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW r' i 3R' 14402 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: JT.R .MOTOR CAR LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 954 NIAGARA (716) 830 -8085 JAMES RHODI S (716) 830 -8085 553823 04/13/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED _.. � DATE. CAPPROVED -. DISAPPROVED DATE: DISAPPROVAL DATE- CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR /_`? �/� '� ' RM# EXT i AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShpz.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL iii F ALA;, i IEW Y On :142 "u2 4 t INSPECTIONIAPPROVAL REQUEST AGENCY I DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR. JTR MOTOR CAR LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL, DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 954 NIAGARA (716) 830 -8085 JAMES RHODES (716) 830 -8085 553823 04/13/2009 REMARKS: DISAPPROVAL REASON: J z NEW LICENSE 2010 j) f (TO BE COMPLE"T"ED BY AGENCY /DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED r DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR `.....r v ' '' ` "' >" RM# EXT E ✓ AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppStp2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL I nU -F O -NIEW YORK 142021 irvS•rrxi.v� i�x. rr � vi�x� a�sc.v.�. INSPECTION/APPROVAL REOUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: JTR MOTOR CAR LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE. DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL, REASON: 954 NIAGARA (716) 830 -8085 JAMES RHODES (716) 830 -8085 553823 04/13/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENI' REFERRED TO) MAX. NO.OF VEHICLES ALLOWED .,r `APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: j w DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS F INSPECTOR RM# f E X T ��✓1 . AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AplS1(p2.rpt BYOWN W. BROWN Mayor APPLICATION MUST 13F COMPLFTF,I) IN DULL I'IIEDTO III R EQUHRED A'P'I'IME OF APPLICATION NO tXCEPTIONS PLR.ASE C:IILC LJCFNSF; CA`TTGQRY S APPLYING E'OR Date 0 I USED CAR DJ -ALFR GARAGE SALE SECOND IIAND DL'ALCR WIIOLESALF JUNK. (JUNK YARD) p BRIAN REJUY COmmissioncr JAMES COMERFORD, Jr. Deputy Commissioner SAT 6 E -- SCRAP PROCESSOR _FLEA. MARI�I�'P (NO. 01: VENDORS _} {A;li > � I APPLICANT NAM ` . ; _ � - -. da-) - — y ADDRESS ,TOWN, OR (STA'T'E) (ZIP) APPLICANT D /O /B _. OF t3IRTFI_ -- UNITED ',' )TMT S CITIZEN ----- � __.__.(UO) HAVE YOU EVFK BEEN CONVICTED OF A CRIME? CORPORATION' NAME BUSINF' SS NAME_ r� 4 -` d °. _ PHONE BUSINESS ADDRESS (CITY,'TOWN OR VILLAGE) a/01 STATE TAX ID NUMBER ,5'ubscribed At:d swo to before me this �) day of Commissioner of Deeds in andfot the City of Buffalo, New fork CYLTY OF BUFFALO 0 DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES OFFICE OF LICENSE S c' >'" �' 'T E INCORPORATED 1 j '.. (STATE) (ZIP) .Applicant Signature Office of Licenses. 65N],' LGAIZA SQUARE / ;i33 (,I'1'Y ] -TALL - BUFFAI_O, NY 14202 -3303 (716) 851 -4078 / FAX: (716) 851 -4972 I 1 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING June 9, 2009 J T /k� 0 0 0 o a SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL i. TO: The Common Council DATE: June 4, 2009 FROM: Community Services and Recreational Programming DIVISION: Youth Services Subject: Request for Permission to accept a $33,704 grant from the Governor's Traffic Safety Committee for the Bicycle Safety Training and Helmet Distribution Program. ENTER PRIOR COUNCIL REFERENCE (IF ANY) TEXT: (TYPE SINGLE SPACE BELOW) The City of Buffalo in conjunction with the Buffalo Police Department and the Police Athletic League will conduct a series of bicycle safety seminars and helmet giveaways in schools, community centers, parks and playgrounds. The program intends to increase understanding of bicycle safety rules and the dangers of not wearing a helmet with the goal of reducing accidents and injuries. TYPE DEPARTMENT HEAD NAME: Tanya Perrin-Johnson TYPE TITLE: Commissioner of Community Services and Recreational Programming SIGNATURE of DEPARTMENT HEAD: _)AAt a _1/ 4 Mr. Fontana moved: That the above communication from the Commissioner of Community Services and Recreational Programming dated June 4, 2009, be received and fled; and That the Commissioner of Community Services and Recreational Programming be, and she hereby is authorized on behalf of the City in conjunction with the Buffalo Police Department and the Police Athletic League to accept the grant of $33,704 from the Governor's Traffic Safety Committee for the Bicycle Safety Training and Helmet Distribution Program. Passed. 24 TAB:rmv tAwp661msword\rmv\24c6 -9a. doc � l *AYE* NO * DAVIS FONTANA * * * * * FRANCZYK * �` GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL [MAJ- 51 * 9 * p [2/3 m 6) [3/4 - 7j FROM THE CITY CLERK June 9, 2009 (� [l e , 7 No. .Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 130 South Park Ave 21st Amendment Copp Carryl. Carr 88 w. Chippewa St Croc Bar Vincent Lepera, games Alfieri 1670 Main St McKnight's metro Lounge Giodano McKn®ght RECEIVED AND FILED June 9, 2009 21 Amendment Corp. � c= Cobblestone 1 130 South Park Avenue Buffalo, NY 14203 May 27,2009 Buffalo City Clerk City Hall 65 Niagara Street Buffalo, NY 14202 Re: Notice to municipality of intent to file an Application for Permission to Make Alterations Section 99 -D (A.B.C.) License No. 3101620 Dear Sir or Madam: Please accept this letter as notice of intent to file an Application for Permission to Make Alterations Section 99 -D (A.B.C.) with the NYS Liquor Authority. Sincerely, 21 Amendment Corp. Darryl Carr -- President CROC BAR, INC.t d /b /a Croc Bar Buffalo 13 3udith Drive Orchard Park, NY 14127 (716) 308 -6642 Via Ce rUflmd l Mr. Gerald Chwalinski Office of the Buffalo City Clerk 1308 City Hall Buffalo, NY 14202 --3392 BE: 30 Day Waiver Benuest Dear Mr. Chwalinski: May 29, 2009 We are writing this Letter of Intent to request a waiver of the required 30 -Day waiting period for filing an application for a new liquor license in the name of CROC BAR, INC., d/b/a Croc Bar Buffalo. We, the undersigned, are the new principals/owners. The current liquor license for this establishment is as follows: Serial #: 3136700 License Type: On- Premises Liquor Effective Date: 12/14/2007 Expiration Date: 11/30/2009 Principal's Name(s): Vincent Lepera, James S. Alfieri Premises Name: Chipdel Corp. Trade Name: CROC BAR Address: 88 W. Chippewa Street, Buffalo, NY 14202 / County of Erie We would appreciate any and all effort: made on our behalf in order to grant the 30 -Day Waiver so that we may begin conducting business immediately. Please don't hesitate to contact us if you have further questions. Thank you. Sincerely, J tin Anderson 6Z AW 6011 Vinay Rajendran X JUS'T'IN S. WHITE, ESQ. LAW OFFICE OF SHLEBY BAKSIII & WHITE 5662 MAIN STREET WILLIAMSVILLE, NY 14221 Tel: (716) 631 -9100 e -mail: jwhite @sbwattorneys.com Fax: (716) 631 -7546 June 3, 2009 CERTIFIED MAIL RETURN RECEIPT City of Buffalo Clerk City Hall Buffalo, NY 14202 Re: McKnight's Metropolitan Lounge, Inc. State Liquor Authority Application ABC on premises license Dear Sir /Madam: Please be advised that McKnight's Metropolitan Lounge, Inc. shall apply to the State Liquor Authority pursuant to the alcoholic beverage control law for an on premises license to serve alcoholic beverages. The location of the premises shall be 1670 Main Street, Buffalo, New York, if approved. Mr. Giodano McKnight is the President of McKnight's Metropolitan Lounge, Inc. Thank you for your attention to this matter. Very truly yours, J. Justin S. White JS W /cmk cc: Mr. Giodano McKnight () 00�S No. Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium x Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Home Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED. June 9, 2009 #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE May 20, 2009 FRONT: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIV SUBJECT [: BOARD ATTENDANCE ENTER PRIOR COUNCIL REFERENCE: (IF ANY) : This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on May 20, 2009, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman John D. Kennedy, Sr., Vice Chairman Christopher Roosevelt, Assistant Vice Chairman Eleanor C. Wilson- DiVincen:ro, Secretary Absent: John E. Kennedy, Jr., Assistant Secretary DEPARTMENT HEAD NAME DAVID P. COMERFORD TITLE GENERAL MANAGER SIGNATURE OF DEPARTMENT MEAD: 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. y June 9, 2009 #4 (Rev 7 -07) Certificate of Appointment l 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 proanotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of May 26, 2009 Common Council • 1t`= Intern VI c..- e, ( K Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) t1NICLASSIFIED Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 10,00 LAST JOB TITLE 1775 NAME Teresa Sliwinski LAST DEPARTMENT DATE ADDRESS 211 Orlando St LAST SALARY CITY & ZIP Buffalo, NY 14210 LAST 4 DIGITS OF SSN. XXX -XX -4386 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 144- 412002 TITLE CODE NO 1775 BUDGET ACCT. OBJ, PROD. ID PERSONNEL REQ. NO 4968 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: M 26, 2005 SIGNATURE OF APPOINTING AUTHORITY: rd 44d4 ORIGINAL + 2 COPIES TO: CITY (:i'FRK enntrRf =MPF awar)INTRAPKIT nATPP OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8 EMPCOYEE(S1 No. Appointments - Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. �i r i June 9, 2009 #4 (Rev 7 -07) @_ Certificate of Appointment C Ill compliar3ce with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordim -mccs of the City of Buffalo, I transmit this ccrtification of appointmurit (s) or proniotion(s). t furtlIel Certify that the person(s) pained in Schedule "A" have been certified or approved by the Itrnnan Resourecs /Civil Service for the Appointment Effective: MAY 28, 2009 in the Department of Division of to the Position of EXECUTIVE MAYOR INTERN IX Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNCLASSIFIED Open - Competitive, Promotional, Non - Competitive, (Insert one) NON COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $11.57 LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN, XXX -XX -0716 NAME MICHAEL W. POWERS ADDRESS 485 WOODWARD AVENUE CITY & ZIP BUFFALO, NY 14214 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 10301001 TITLE CODE NO 1778 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM NAME OF APPOINTING AUTHORITY: BYOON W. BROWN TITLE OF APPOINTING. AUTHORITY: MAYOR DATE: MAY 28, 2009 � SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 GOPIES \T 1 CITY CLERK ' ON /BEFORE' APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #t3- DEPARTMENT #7- DIVISION #8- EMPLOYEES) 000 No. Notices of Appointments - Seasonal /Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. June 9, 2009 ! #3 (Rev 1 -02) Certificate of Appointment 3�1 in compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the P. Appointment Effective: 0 in the Department of Public Vorks Division of Engineering to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Nan - Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (insert one) (,Enter Starting Salary). Starting Salary of $11.57 SEASONAL APPOINTMENT FLAT LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Chester Nicometi DATE ADDRESS 89 Hoyt St. CITY & ZIP Buffalo, NY 14213 LAST 4 DIGITS OF SSN. XXX -XX -0914 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 13113001 TITLE CODE NO 9524 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2008013 SALARY RANGE OF POSITION $11.57 PER YEAR DAY HOU HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: 5 12{)/Q 9 ORIGINAL + 3 COPIES TO: CID, CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #¢- W AW'SERVICES /CtVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) �E 9d No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. June 9, 2009 li , f (Rev 7-07) (fill Certificate of Appointment In compliance tisill, ptok isions of Section 24-2 oI" Lhc Charter and Chaplcr 35 -1 of the f )nlinanccs of 111C ('its of BufGtlo. I transmit lhia Ccrtiticalioll of appoinlUnCnl(s) of ptoiLtotion(s) I lualter ccrtik Ilml the pCrson(s) n;tmCd in 5chedulc "A" have hecm ecrlificd of approved h% LhC I human ResonrceslC iN it SCri'Icc fiol the Appointment Inflective_ 5126109 (h k 1 _40 in the. Dep n of Call &esolution Center Division of to the Position of Citizen Services Spanish Speaking Complaint Clerk Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (]enter Startitw Salary) : Starting Santry of $ 28,755 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Edwin Rosario DATE 5126109 ADDRESS 266 Esser Avenue CITY & ZIP 14207 LAST 4 DIGITS OF SSN. XXX -XX -4962 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 10319001 TITLE CODE NO 0015 BUDGET ACCT. OBJ. 419001 PROJ. ID PERSONNEL REQ. NO 2008 -125 SALARY RANGE OF POSITION 28,755- 31,602 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Byron W. Brown TITLE OF APPOINTING. AUTHORITY: Mayor DATE: 5 -11 -09 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL k 2 COPIES TO TY CLERK (OWDEFORE APPOINT] OTHER COPIES TO: #3- COMPTROLLER 94- t1UMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVIS #8- EMPLOYEES , YYY NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON- OFFICIAL COMMUNICATIONS June 4, 2009 Buffalo Water Board Chairperson: Oluwole McFoy Vice Chairperson: Donna Estrich Gerald E Kelly William L. Sunderlin City of Buffalo Commissioner of Public Works, Parks & Streets Steven Stepniak AMERICAN WATE p � i `� �_. > r p � i `� �_. > Qtr'' l anal Development Corp. 95 Perry Street, Sri Floor 13uffalo, NY 14204 P: (716) 846 - 8200 P: (716) 846 -8262 www.er €ecaraalharbor May 29, 2009 Mr. Gerald Chwalinski City of Buffalo 65 Niagara Square, Room 1308 Buffalo, New York 14202 Re: Draft Coordination PlanfInitial Project .Meeting :Buffalo Harbor Bridge (PIN 5758.17) City of Buffalo, Eric County, New York Dear Mr. C.hwahnskl: As a Cooperating Agency under the National Environmental Policy Act (NI:TA) and Section 6002 of the Safe, Accountable, flexible and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA- I..,U) we are providing you with a Draft Coordination Plan for the above referenced project. The Plan has been prepared by the lead agencies for coordinating public and agency participation and comment on the environmental review process, and includes a project schedule in Section 6. .At this tinre we invite You to an Initial Project Meeting to review the .Draft Coordination Plan and project schedule, as well as to discuss the Draft Purpose and Needs State►neut and Draft Alternatives. We have scheduled two meetings dates to, hopefully, accommodate your schedule: June 18, 2009 from 10am 11 am June 23, 2009 from 2pm 3 pm Please respond by June 10, 2009 to confirm that you will or will not attend the Initial Project Meeting. Please contact Steven P. Ranalli at (716) 846 -8241 or via e -mail at Ui h your confirmation or if you have any questions. Sincerely, —A-r" Erie Canal Harbor Development Corporation ry FF rrn SEC ) AND MLE Thomas I'. Dec President '. N Attache ents: Draft Coordination Plan (May 2000) cc: S. Ranalli (ECIIDC) J. Mondillo (NYSDOT, Major Projects Group) — letter only T. Rornano (NYSDOT, Region 5) - letter only S. Glaaseini (City of Buffalo) - letter only G. Witulski (City ol'Buffalo) letter only K. Ilarlock (Parsons Brinkerhoff) Letter only ECIIDC File J7' 1 DRAFT SAFETEA-LU 6002 COORDINATION PLAN Environmental Impact Statement for Buffalo Harbor Bridge Project Buffalo, New York _ PIN 5758.17 LMT i� U-S,Gepc;,k at Federal Highway HaFf Erie Currcrl l r Develop malit Core t ,a - awAdrnlnistration - RwifFalo Harbor Bridge _ EIS SAFETEA -LU Coordination Plan Revision History 1.0 ( April 16, 2009 1 Pre- Draft - Original Document I 1.1 1 May 29, 2009 1 Revisions per agency comments I 4 Draft SAFETEA -LU 6002 Coordination Plan TABLE OF CONTENTS Buff !c I-Iaa..rbor Bridge _ E IS 1. Introduction ..................................................................................................... ..............................1 1.1 Project Overview .......... .................. -- .................................. ---- .............. I-- .... .._......... 1 1.2 Purpose of the Coordination Plan.. ... ............ ......... .......................... ............ ...... 3 2. Lead /Cooperating /Participating Agencies ................................................... ..............................5 2 .1 Lead Agencies ....................................................................................... ............................... 5 2.2 Cooperating Agencies ........................................................................... ............................... 6 2 .3 Participating Agencies ........................................................................... ............................... 9 3 . Initial Coordination ........................................................................................ .............................13 3.1 Notice of Intent.............. ..... .......................... ....... ................. ---- .................... 13 3.2 Initial Coordination Package.. .......................... -- ...... ............... - ......... ...... ............. -- 13 4 , Agency Coordination .................................................................................... .............................14 4.1 Responses to Agency Comments .......................................... .............................14 5 . Public Involvement ........................................................................................ .............................15 5.1 Stakeholder Meetings .......................................................................... ............................... 15 5 .2 Public Meetings ............................................................. .............................-- .................. 17 5.3 Project Specific Outreach Tools .......................................................... ............................... 17 5.4 Public Hearing ..................................................................................... ............................... 19 5 .5 Notice of Final EIS ............................................................................... ............................... 19 5.6 Public Officials ..................................................................................... ............................... 19 6. Scheduling ..................................................................................................... .............................20 List of Tables Table 1 - Lead Agency - Roles, Responsibilities and Contacts Table 2 - Other Key Project Contacts Table 3 - Cooperating Agencies — Roles, Responsibilities and Contacts Table 4 — Participating Agencies — Roles, Responsibilities and Contacts Table 5 — Major Project Activates and Anticipated Completion Dates List of Figures Figure 1 — Project Study Area Figure 2 — Detailed Project Study Area Figure 3 — Project Logo l� Draft SAFETEA -LU 5002 Coordination Plan U 1. Introduction 1.1 Project Overview The Erie Canal Harbor Development Corporation (ECHDC), in cooperation with the New York State Department of Transportation ( NYSDOT) has prepared the following coordination plan as required by SAFETEA -LU 6002 for the proposed Buffalo Harbor Bridge project (PIN 5758.17). This is a bridge replacement project located in the City of Buffalo, Erie County. ECHDC and NYSDOT are advancing this project through an Environmental Impact Statement (EIS). The Project is intended to replace the capacity of the former South Michigan Avenue Bridge over the City Ship Canal. The former South Michigan Avenue Bridge once passed over the City Ship Canal in the vicinity of the General Mills Plant and connected Michigan Avenue to Fuhrmann Boulevard; it was rendered inoperable and removed by the City of Buffalo in 1957. d a Figure 1 -- Project Study Area Draft SAFETEA -LU 6002 Coordination Plan Page 1 f : Figure 2 rrurraro ar or rrugo° �r � The proposed project area is comprised of an approximately 1.5 mile corridor extending from a northern terminus at the mouth of the Buffalo River in the vicinity of the Erie Basin Marina to a southern terminus near the southern navigation limit of the City Ship Canal west of the existing Ohio Street Bridge in the inner and outer harbor area of downtown Buffalo (containing various local streets that end short of the Buffalo River or the City Ship Canal)_ The Buffalo River crosses the corridor and contains a federally - regulated shipping channel in this area. See Figure 2 for a more detailed project study area map. Because the preliminary scope of the Project calls for a low -level bridge, it is likely that the proposed Project would involve a moveable structure (e.g., bascule, swing, lift, turntable or other type of moveable bridge). The Project corridor also contains several existing and/or planned land and water uses including, but not limited to several private marinas, mature industrial facilities, the Erie Canal Harbor, the proposed Canal Side project, the proposed Waterfront Village project, and the proposed Seneca Buffalo Creek Casino Complex. Two prior reports have been prepared by the City of Buffalo related to a new local bridge connection over the Buffalo River. In 1987, the City prepared an Engineering Report for a Gateway Bridge and in 1998, the City prepared an Expanded Project Proposal (EPP) for an Inner -Outer Harbor Link. Both of these prior efforts examined various alternatives for a local bridge connecting the Inner and Outer Harbor areas. In addition to replacement of the South Michigan Avenue Bridge on Michigan Avenue, these studies examined other potential crossing locations such as Erie, Pearl, Main and Ganson Streets, as well as various moveable bridge types (i.e., swing, vertical lift, and bascule). 1.2 Purpose of the Coordination Plan In an effort to provide for more efficient environmental reviews for project decision making, Section 6002 of Public Law 10459, the "Safe Accountable Flexible Efficient Transportation Equity Act: A Legacy for Users" (SAFETEA -LU), enacted August 10, 2005, implemented the development of a coordination plan for all projects for which an Environmental Impact Statement (EIS) is prepared under the (National Environmental Policy Act (NEPA) of 1969. As expressed in the SAFETEA -LU Environmental Process Final Guidance, "the purposes of the coordination plan are to facilitate and document the lead agencies' structured interaction with the public and other agencies and to inform the public or other agencies of how the coordination plan will be accomplished." This Coordination Plan is intended to define the process by which the ECHDC will communicate information about the Buffalo Harbor Bridge project (PIN 5758.17) EIS to the lead, cooperating and participating agencies and to the public. The plan also identifies how input from agencies and the public will be solicited and considered in the environmental review process. Since the Federal Highway Administration (FHWA) is providing funding for this project, FHWA serves as the lead federal agency for the project. The NYSDOT, as the direct recipient of Federal funds for the project, and ECHDC, as the local sponsor for the project, will serve as joint lead agencies. The purposes of the SAFETEA -LU 6002 coordination plan are to facilitate and document the lead agencies' structured interaction with the public and other agencies and to inform the public and other agencies of how the coordination plan will be accomplished. The coordination plan is meant to promote an efficient and streamlined process and good project management through coordination, scheduling, and early resolution of issues. Draft SAFETEA - LU 60€12 Coordination Plan Page 3 This Coordination Plan will: Buffalo Harbor Bridge — EIS Identify the early coordination efforts; Identify cooperating and participating agencies to be involved in agency coordination; Establish the timing and form for agency involvement in defining the project's purpose and need and study area, the range of alternatives to be investigated, and methodologies, as well as in reviewing the EIS drafts and the selection of the preferred alternative and mitigation strategies. ® Establish the timing and form for public opportunities to be involved in defining the project's purpose and need and study area and the range of alternatives to be investigated, providing input on issues of concern and environmental features, and commenting on the findings presented in the Draft EIS. ® Describe the communication methods that will be implemented to inform the community about the project. In accordance with NYSDOT's 2004 Public Involvement Manual, this project requires a level of participation designed for "complex projects ". Therefore, this Coordination Plan will also outline the process by which the required level of public involvement will be accomplished. The Coordination Plan will be updated periodically to reflect any changes to the project schedule and other items that typically require updating over the course of the project. Draft SAFETEA -LU 6002 Coordination Plan Page 4 Buffalo Harbor Bridge — EIS SAFETEA -LU requires the identification of lead, cooperating and participating agencies in the development of an EIS. 2.1 Lead Agencies 2.1 A.The project joint lead agencies are: a. Federal Highway Administration (FHWA) b. New York State Department of Transportation ( NYSDOT) C. Erie Canal Harbor Development Corporation (ECHDC) 2.1.2.Responsibilities: It is the responsibility of the lead agencies to identify cooperating and participating agencies, and to invite those agencies to serve in this capacity. The lead agencies must perform the functions that have been traditionally performed in preparing an EIS in accordance with 23 CFR Part 771 and 40 CFR Parts 1500 -1508, in addition, SAFETEA -LU adds that the lead agencies must now identify and involve participating agencies; develop coordination plans; provide opportunities for public and participating agency involvement in defining the purpose and need and determining the range of alternatives; and collaborate with participating agencies in determining methodologies and level of detail for the analysis of alternatives. In addition, lead agencies must provide increased oversight in managing the process and resolving issues. Table 1 Leact Federal Highway Joint Lead Administration Agency (Accepted) New York State I Joint Lead Department of Agency Transportation (Accepted) Erie Canal Harbor Development Corporation - Holes, Responsibilities anel Uontacts John Burns Area Engineer Federal Highway Administration Albany, New York 518 -431 -4125 x252 Jo hn BurnsOwfhwa.dot Manage the environmental review process; Prepare EIS and Record of Decision document; Provide opportunity for public and part icipatinglcooperating agency involvement; Arbitrate and resolve issues. Thomas Romano, P.E. Project Liaison NYSDOT - Region 5 (Buffalo) 100 Seneca Street Buffalo, New York 14203 716 -855 -7045 tromano 0 d ot.state.ny.us Joint Lead Steve Ranalli, P.E. Agency Senior Project Manager (Accepted) Erie Canal Harbor Development Corporation 95 Perry Street, 5th Floor Buffalo, NY 14203 716 -846 -8241 sranalli sta tQny Provide assistance with the environmental review process; Provide oversight of the NEPA process; Prepare EIS and decision document; Provide oversight of public and participatinglcooperating agency involvement; Arbitrate and resolve issues. Manage environmental review process; Prepare EIS and decision document; Provide opportunity for public and participating /cooperating agency involvement; Arbitrate and resolve issues Draft SAFETEA -L.0 6002 Coordination Plan Page 5 Buffalo Harbor Bridge — )EIS Table 2 Other Key Project Contacts Joseph Mondiilo, P.E. Assistant Deputy Director - Major Projects New York State DOT 716-855-7045 j ionclillo & dot.state.n y.us 50 Wolf Road Albany, NY 12232 518- 457 -2048 Seyed Ghasemi City of Buffalo 716 -851 -4263 sgl� cor Department of Public Works 716- 851 -42613 Keith Warlock, P.E. Consultant Project Manager Parsons Brinckerhoff 716- 853 -1220 Harlock d) pb world.com 50 Lakefront Blvd Buffalo, NY. 14202 716853 -1220 2.2 Cooperating Agencies Cooperating Agencies are those governmental agencies specifically requested by the lead agency to participate during the environmental evaluation process for the project. I«HWA's NEPA regulations (23 CFR 771.111(d)) require those federal agencies, other than the lead agency, with jurisdiction by law (with permitting or land transfer authority) or special expertise with respect to any environmental impact involved in a proposed project or project alternative be invited to be cooperating agencies for an EIS. A State or local agency of similar qualifications or, when the effects are on lands of tribal interest, a Native American tribe may, by agreement with the lead agencies, also become a cooperating agency. All cooperating agencies are also "participating agencies ", as described below. If new information reveals the need to request another agency to serve as a cooperating agency, ECHDC will issue that agency an invitation. A distinguishing feature of a cooperating agency is that regulations (40CFR Section 1501.6) permit a cooperating agency to "assume on request of the lead agency responsibility for developing information and preparing environmental analyses including portions of the environmental impact statement concerning which the cooperating agency has special expertise." An additional distinction is that, pursuant to 40CFR 1506.3, "a cooperating agency may adopt without recirculating the environmental impact statement of a lead agency when, after an independent review of the statement, the cooperating agency concludes that its comments and suggestions have been satisfied." Draft SAFETEA - LU 6002 Coordination Plan Page 6 Buffalo Harbor Bridge a EIS Table 3 lists all of the agencies anticipated to be involved as "cooperating" agencies in the environmental review process for the Buffalo Harbor Bridge project and their associated roles and responsibilities. This table will be updated upon receipt of agency acknowledgements of the coordination letters. Table 3 Cooperating A envies — Roles, Responsibilities and Contacts � e .. it?IE: ,: C3ttt�C t S .U1Ial[ f Mf #BS Provide comments on: ® Purpose and Need * Range of Alternatives Methodologies ® Level of detail for analysis of Mr. Scot Striffler alternatives US Coast Cooperating US Coast Guard ® Identification of issues that could Guard Agency (9' District) substantially delay or prevent (9�' District) (Accepted) 1240 E. 9 Street granting of permitlapproval Cleveland, OH 44199 w Opportunities for collaboration P Mitigation measures Adopt EIS and coordinate public involvement when possible Potential for land acquisition coordination Section 9 Permit Provide comments on: ■ Purpose and Need P Range of Alternatives Joseph Krawczyk Methodologies US Army Corps of g Level of detail for analysis of Engineers alternatives 1776 Niagara Street a Identification of issues that could US Army Cooperating Buffalo, NY 14207 -3199 substantially delay or prevent Corps of Agency (716) 879 -4186 granting of permit/approval Engineers (Accepted) Joseph.w.krawczyk @us ace . e Opportunities for collaboration army.mil a Mitigation measures Adopt EIS and coordinate public involvement when possible Section 404 Permit Section 10 of the Rivers and Harbors Act of 1899 Provide comments on: Purpose and Need Range of Alternatives Methodologies Level of detail for analysis of Lingard Knutson alternatives . US EPA v Identification of issues that could US 290 Broadway, 25 Floor substantially delay or prevent Environmental Cooperating New York, NY 10007 granting of permit/approval Protection Agency (Accepted) (212) 637 -3747 w Opportunities for collaboration Agency Knutson. Lingard @epa.gov s Mitigation measures Adopt EIS and coordinate public involvement when possible Responsibility in Phase II Stormwater permits Responsibility for Section 303(d) listed streams Section 404 Permit involvement Draft SAFETEA -LU 6402 Coordination Plan Page 7 . Buffalo Harbor Bridge — EIS Table 3 rnnnerntina Acienries — Rules. Responsibilities and Contacts Draft SAFETEA -LU 6002 Coordination Plan Page 8 Provide comments on: ° Purpose and Need ° Range of Alternatives ° Methodologies Mr, David Stilwell ° Level of detail for analysis of U.S. Fish and Cooperating U.S. f=ish and Wildlife alternatives ° Identification of issues that could Wildlife Agency Service substantially delay or prevent Service (Accepted) 3817 Luker Road granting of permit/approval Cortland, NY 13045 ® Opportunities for collaboration * Mitigation measures Evaluate endangered andlor threatened species and significant natural communities and habitats Provide comments on: • Purpose and Need • Range of Alternatives • Methodologies ® Level of detail for analysis of alternatives ° Identification of issues that could substantially delay or prevent Mr. Steven J. Doleski granting of permit/approval New York Cooperating New York State Department ° Opportunities for collaboration State Agency of Environmental ° Mitigation measures Department of (Fending Conservation Adopt EIS and coordinate public Environmental response to 270 Michigan Avenue involvement when possible Conservation invitation) Buffalo, NY 14203 Evaluate endangered and/or threatened species and significant natural communities and habitats Responsibility under USEPA and expertise in air quality issues Responsibility for Section 303(d) listed streams SPDESINPD S Permit Section 401 Water Quality Certification Protection of Waters Permit Provide comments on: ° Purpose and Need * Range of Alternatives ■ Methodologies Level of detail for analysis of Mr. Jeffrey Zappieri, Chief alternatives New York Cooperating New York State Department A Identification of issues that could State Agency of State substantially delay or prevent Department of (Pending 99 Washington Avenue, granting of permitlapproval State response €€i suite 1010 e Opportunities for collaboration invitation) Albany, NY 12231 -0001 ° Mitigation measures Adopt EIS and coordinate public involvement when possible. Evaluate State and Federal coastal zone consistency. Coastal Zone Management Certification Draft SAFETEA -LU 6002 Coordination Plan Page 8 Buffalo Harbor Bridge — EIS Table 3 Oooneratinea Agencies m Roles, Responsibilities and Contacts 2.3 Participating Agencies SAFFTEA -LU identified a new category of agencies for participation in the environmental review process for an EIS. These are federal and non- federal (i.e., State, tribal, regional, or local) government agencies that may have an interest in the project because of their jurisdictional Draft SAFETEA -LU 6002 Coordination Plan Page 9 Provide comments om " Purpose and Deed Elizabeth Martin = Range of Alternatives New York Historic Sites Restoration m Methodologies Coordinator e Level of detail for analysis of State Office of New York State Office of alternatives Parks, Parks, Recreation and " Identification of issues that could Recreation and Cooperating Historic Preservation substantially delay or prevent Historic Agency Field Services Bureau granting of permit/approval Preservation: (Accepted) Peebles Island, PO Box 189, * Opportunities for collaboration State Historic Waterford, NY 12188 -0189 e Mitigation measures Preservation 518- 237 -8643 ext. 3287 Adopt EIS and coordinate public Office FAX: 518 - 233 -9049 involvement when possible Responsible for Section 106 consulting under Section 106 of the National Historic Preservation Act. Provide comments on: ■ Purpose and Need " Range of Alternatives " Methodologies " Level of detail for analysis of Honorable Bryon Brown, alternatives Mayor m Identification of issues that could City of Buffalo substantially delay or prevent Cooperating 65 Niagara Square, Rm201 granting of permitlapproval Agency Buffalo, NY 14202 n Opportunities for collaboration City of Buffalo (Pending Mr. Gerald Chwalinski " Mitigation measures response to City of Buffalo Adopt EIS and coordinate public invitation) 65 Niagara Square, involvement when possible Review for consistency with regards to Room 1308 the City's Draft Local Waterfront Buffalo, NY 14202 Revitalization Program (LRWP). Review for impacts to emergency services. Provide comments specific to local road systems, utilities, land use and economic development, and environmental protection. Buffalo Urban Cooperating Mr. Greg Bernas Renewal Agency Assistant Environmental Agency (Pending Program Coordinator response to Buffalo Urban Renewal invitation) Agency 65 Niagara Street Room 920 Buffalo, New York 14202 2.3 Participating Agencies SAFFTEA -LU identified a new category of agencies for participation in the environmental review process for an EIS. These are federal and non- federal (i.e., State, tribal, regional, or local) government agencies that may have an interest in the project because of their jurisdictional Draft SAFETEA -LU 6002 Coordination Plan Page 9 Buffalo Harbor Bridge — EIS authority, special expertise, and/or statewide interest. These participating agencies are formally invited to participate in the environmental review of the project. The roles and responsibilities of participating agencies include, but are not limited to: ® Participating in the NEPA process starting at the earliest possible time, especially with regard to the development of the purpose and need statement, range of alternatives, methodologies, and the level of detail for the analysis of alternatives; Identifying, as early as practicable, any issues of concern regarding the project's potential environmental or socioeconomic impacts; ® Provide meaningful and timely input on unresolved issues; and Is Reviewing and providing comment on the Draft EIS and the preferred alternative. By definition, cooperating agencies are participating agencies, but not all participating agencies are cooperating agencies. The roles and responsibilities of cooperating and participating agencies are similar, but cooperating agencies have a higher degree of authority, responsibility and involvement in the environmental review process. Table 4 lists all of the agencies anticipated to be involved as "participating" agencies in the environmental review process for the proposed project and their associated roles and responsibilities. This table will be updated upon receipt of agency acknowledgements of the coordination letters. Table 4 Participating Agency — Roles, Responsibilities and Contacts Draft SAFETEA -LU 6002 Coordination Plan Page 10 Provide comments on: P Purpose and Need m Range of Alternatives Greater Buffalo Participating Mr. Hal Morse Greater Buffalo Niagara ® Methodologies " Level of detail for analysis of Niagara Regional Agency (Pending Regional Transportation alternatives n Identification of issues that could Transportation response to Council Street, Suite 503 substantially delay or prevent Council invitation) Balo, NY 14202 Buffalo, granting of permiVapproval a Opportunities for collaboration r Mitigation measures Input on traffic analysis, forecasting, a nd level of ser vice Draft SAFETEA -LU 6002 Coordination Plan Page 10 :... Buffalo Harbor Bridge m Ala Table 4 Participating Agency — Roles, Responsibilities and Contacts F" Alter cy : cloact:tktltt Provide comments on: . Purpose and Need P Range of Alternatives ■ Methodologies ® Level of detail for analysis of Niagara Ms. Kimberley Minkel alternatives a Identification of issues that could Frontier Participating to-? Niagara Frontier substantially delay or prevent Transportation Agency Transportation Authority roval granting of permit/approval g g p pP Authority (Accepted) 181 Ellicott Street n Opportunities for collaboration Buffalo, NY 14203 m Mitigation measures Review for compatibility with the current and/or future public transit system Coordination with proposed projects and nearby facilities Kenneth Swanekamp Provide comments on: Erie County Dept. of Planning . Purpose and Need and Environment e Range of Alternatives 95 Franklin Street ® Methodologies Participating Erie County a Level of detail for analysis of Erie County Agency (Accepted) Rath Building Buffalo, NY 14202 alternatives - Identification of issues that could substantially delay or prevent swane kak@k @e rie.gov wane granting of permit/approval o opportunities for collaboration S Mitigation measures Mr, John R. Whitney USDA Natural Participating 50 Commerce Way Resources Agency East Aurora, NY 14052 Conservation (DECLINED) (716) 652 -8480 Service john.whitney@ny.usda.gov Participating Mr. David Comerford, Provide comments specific to local Buffalo Sewer Agency Buffalo Sewer Authority utilities, land use and economic Authority y Pending 65 Niagara Square development, and environmental response to City Hall, Room 1038 protection invitation) Buffalo, NY 14202 Federal Participating Mr. Robert Tranter Emer enc g y Agency Federal Emergency Preview project for floodplain and Management (Pending response to Management Agency 26 Federal Plaza, Suite 1337 floodway impacts Agency invitation) New York, NY 10278 -0002 Draft SAPETEA -Li1 6002 Coordination Plan Page 11 v^ Buffalo Harbor Bridge — EIS Table ,4 Participating Agency -- Roles, Responsibilities and Contacts Mr. Paul Zakrzewski N Y State Thruway Authority Participating 455 Cayuga Road, Suite 800 New York Agency Cheektowaga, NY 14225 State Thruway (716)635 -6218 {.AccepiedJ Authority F' aul_Lakrz Thruyrda te,ny.us Participating Federal Transit Agency Authority (FTA) (Fending response to invitation) Ms. Nancy Danzig Planning & Environment Director Federal Transit Authority, Region 2 1 Bowling Green, Room 429 New York, NY 10004 -1415 Provide convents specific to potential for alternatives to affect the light rail rapid transit system and provide expertise and/or jurisdiction for determination of effect. Notes: (1) The Niagara Frontier Transportation Authority role maybe elevated to Cooperating Agency if a crossing on Main Street becomes the preferred alternative. Draft SAFE TEA -LU 6002 Coordination Plan Page 12 Buffalo Harbor Bridge – EIS l D �� - E 3. Initial Coordination In accordance with the requirements of SAFETEA -LU, a Project Initiation Letter dated March 27, 2009 was sent from ECHDC to NYSDOT. This letter was subsequently forwarded to FHWA formally notifying FHWA in writing of the intent to initiate the NEPA EIS process for this project. The coordinationlscoping process was initiated in order to obtain comments and input from agencies and the public to help determine the purpose and need for the project, alternatives to be evaluated and the issues that will be examined as part of the EIS process. 3.1 Notice of Intent Following the project initiation, FHWA with assistance from ECHDC and NYSDOT prepared a Notice of Intent (NOI) to Prepare an Environmental Impact Statement, as required by CEO regulations 40 CFR 1501.7. The NOI was published in the Federal Register on April 13, 2009. A Notification of the preparation of the EIS will be published in project area newspapers (buffalo News ), along with the announcement of two public Scoping Meetings. 3.2 Draft Coordination Package ECHDC will prepare and distribute an Initial Coordination Package to agencies, officials, and organizations during May, 2009. The packages will included a transmittal letter, a project summary and a project vicinity map. The project summary will identify the draft purpose and need for the project, draft alternatives to be considered, and examples of environmental concerns that will be considered throughout the course of the EIS process. Two groups of agencies and organizations will receive initial coordination packages: Cooperating Agencies ® Participating Agencies Draft SAFETEA -LU 6002 Coordination Plan Page 13 Buffalo Harbor Bridge — EIS �.. /% . -. Cooperating and Participating Agencies will be asked to submit comments during scoping that summarize their jurisdiction and/or special expertise related to the project area. Following scoping, lead agencies will collaborate with cooperating and participating agencies on methodologies for documenting environmental conditions and assessing impacts. All agencies will be notified of the availability of draft and final EIS documents and given appropriate comment opportunities (see Table 5). Lead agencies will also coordinate with agencies on completion of necessary permits following the Record of Decision (ROD). The participating agencies for this project have roles and responsibilities that include, but are not limited to: Participating in the NEPA process starting at the earliest possible time, especially with regard to the development of the purpose and need statement, range of alternatives, methodologies, and the level of detail for the analysis of alternatives, Identifying, as early as practicable, any issues of concern regarding the project's potential environmental or socioeconomic impacts; Provide meaningful and timely input on unresolved issues; and Reviewing and providing comment on the draft EIS and the preferred alternative. The Buffalo Harbor Bridge project is an important project to the vitality of the Buffalo region. Review of most information and documents will be expected in a period of 30 days or less_ The cooperating agencies for this project have roles and responsibilities that are similar to participating agencies, but cooperating agencies have a higher degree of authority, responsibility and involvement in the environmental review process. 4.1 Responses to Agency Comments Specific opportunities for meaningful participation in the decision making process are provided via Agency Concurrence Points that have been identified in Section 0 for this project. When a comment is received, resolution and responses to those comments will be included in project documents. However, individual replies will not be sent to each person or agency originating the comments. Draft SAFETEA -LU 6002 Coordination Plan Page 14 J . 5. Public Involvement Buffalo Harbor Bridge — EIS Public involvement will be essential to determining the outcome and success of the project. The public will be offered numerous opportunities for input during the $coping and ISIS process. A public involvement plan has been prepared in accordance with NYSDOT's Project Development Manual, and includes the following: o Key stakeholders and interest groups, members of the public to be included in the process, likely to include neighborhood associations, local businesses, private developers, in addition to local civic and business organizations such as the Chamber of Commerce, and local officials_ o Schedule of public involvement activities o Types, format, and frequency of stakeholder and public meetings to be held throughout the project. o Types of public outreach to be used and detail of the advantages and logistics of each including. * Branding of project CharrettesNisioning Workshops ® Information Centers ® Key public stakeholder interviews Informational website ® Informational tools ® Place Making 3D Visualization Public speaking opportunities The major public involvement activities are summarized below: 5.1 Stakeholder Meetings Stakeholder meetings will be held throughout the project. The stakeholder meetings will be conducted by ECHDC, the project consultant and appropriate agencies as needed, The following project stakeholders have been identified, (It is ,likely additional stakeholders will be identified throughout the public involvement process.) Cooperating /Participating and Involved Agencies ® US Coast Guard (USCG) * US Army Corps of Engineers (USACE) ® US Fish and Wildlife Service (USFWS) * US Environmental Protection Agency (USEPA) m Federal Highway Administration (FHWA) * Federal Transit Authority (FTA) New York State Department of Transportation (NYSDOT) ® New York State Department of Environmental Conservation (NYSDEC) ® New York State Historic Office of Parks, Recreation and Historic Preservation (NYSOPRHP) ® New York State Department of State (NYSDOS) ® New York State Thruway Authority (NYSTA) ® Niagara Frontier Transportation Authority (NFTA) e Erie Canal Harbor Development Corporation (ECHDC) ® Erie County City of Buffalo Draft 5AFETEA -LU 6002 Coordination Plan Page 15 Buffalo Harbor Bridge — EIS • Mayor's Office • Common Council • Department of Public Works Buffalo Urban Renewal Agency (BURA) ® Buffalo Sewer Authority (BSA) Greater Buffalo Niagara Regional Transportation Council (GBNRTC) Tribal * Seneca Nation of Indians Tonawanda Band of Senecas ® Tuscarora Nation Stakeholders Residential o Marine Drive Apartments (Buffalo Municipal Housing Authority(BMHA)) o Waterfront Village o Old First Ward Community Association o Valley Community Association Commercial o Buffalo Place, Inc- 0 Pioneer Company o Specialty Restaurants Corporation (Shanghai Red's Restaurant) o Buffalo & Erie County Naval & Military Park o Niagara Frontier Hockey, LLP (Buffalo Sabres) o Seneca Gaming Corporation o Benderson Development o Bass Pro Shops o Buffalo News o One HSBC Center (Tower) o Buffalo Economic Renaissance Corporation Water Dependent @ Shipping o General Mills Lisa M/ DuBois, Government Affairs Representative Gary W. Neab, Director Operations /Engineering Supply Chain o Archer Daniels Midland (ADM) Company (The Pillsbury Company) o Buckeye Pipeline Company (Buckeye Terminals LLP) D Great Lakes Sand Products o Lafarge Corporation o St. Mary's Cement, Inc. o Great Lakes Group o River Wright Energy, LLC o Local 1286 Longshoreman's Association o American Federation of Grain Millers Local 36 o American Steamship Company Water Dependent — Recreational o RCR Yachts /Skyway Marina o First Buffalo River Marina o Buffalo Sailing Marina o Buffalo Harbor Sailing Club o Buffalo Yacht Club Draft SAFETEA -LU 6002 Coordination Plan Page 16 . i Buffalo Harbor Bridge — EIS ,,; o Buffalo Harbor Cruises (Miss Buffalo) o Bison Rod & Gun Club o Friends of the Cotter o Western New York Windsurf Association o Buffalo Urban Outdoor Education Foundation (Spirit of Buffalo) o Erie County Federation of Sportsmen's Clubs. Inc. o Southtowns Walleye Association of WNY, Inc. o Niagara River Anglers Association, Inc. ® Cultural Resource Organizations o Preservation Buffalo Niagara o Campaign for Greater Buffalo o The Industrial Heritage Committee o Buffalo Olmsted Parks Conservancy Environmental Organizations o Niagara River Greenway Commission o Buffalo Niagara Riverkeepers o Great Lakes United o Buffalo River Remedial Action Committee o Audubon Society o Buffalo Ornithological Society o Buffalo Museum of Science o USDA Natural Resources Conservation Service o Erie County Water & Soil Conservation Service Miscellaneous Organizations • Veterans Organizations • The New Millennium Group of WNY, Inc. 5.2 Public Meetings Four public scoping meetings will be held to solicit input regarding the project needs and objectives, the project and alternatives. The dates, times and locations of the public meetings will be determined at a later date. Informational handouts and meeting materials including display boards, aerials, maps, necessary graphics, colorized plans, handouts, and visualizations will be prepared as necessary to convey the project issues. The meetings will be advertised in advance. The following meetings are assumed: o Initial public scoping meeting o Final public scoping meeting o 2 Public Information Centers (Open Houses) The Final public scoping meeting will identify key project concerns and possible solutions that the lead agencies can use in developing the statement of the project purpose and need, determining project alternatives, and gathering data for impacts analysis. A 30 -day comment period following the final public scoping meeting will be provided for the public to submit comments to be included in the scoping report. 5.3 Project Specific Outreach Tools A number of public outreach tools will be utilized during the project as summarized below. Draft SAEETEA -L.0 5002 Coordination Alan Page 17 _ y Buffalo Harbor Bridge — EIS 5.3.1.Project Branding — Project branding will be utilized to give this project a unique identification throughout the community. A project logo has been developed for this purpose as shown below in Figure 3, This logo will be used on the project website, project advertisements, project correspondence, reports, handouts and graphics. 5.3.2.Visioning Workshops - Charrettes or Visioning workshops will be held to facilitate discussion and an exchange of ideas regarding the project area and expectations. The discussions, findings and consensus priorities gained fror'n the workshops will provide an important baseline for future collaboration. The Charrettes/Visioning workshops will be held concurrently with public meetings defined in Section 5.2 5.3.3. ®pen Houses /information Centers — Two Public Information Centers (Open Mouses) will be held to provide the public with timely and accurate information pertaining to the project and its status. Display boards, handout materials and other support documents will be used. 5.3.4.Website - A project website will be developed and maintained for timely, updated, and publicly accessible project information. Key components of this website will include: project background, key documents, maps and photos, and project contact information. 5.3.5.Place Making - In order to provide an opportunity for stakeholders to better perceive the project area and to understand the projects impact, a Place Making exercise with project stakeholders, government officials and others will be planned. The Placemaking exercise will be a public /stakeholder tour of the proposed bridge crossing sites. The onsite exercise will be conducted on land. Conducting the Placemaking exercise will allow attendees to fully understand the project setting, constraints and context of the crossing location and allow more informed input into the project process. 5.3.5.34 Visualization — As the project progresses visualizations of the proposed alternatives will be developed for use in the Visual Assessment Report and for public review. An additional "Realtime" model of the project area may also be developed by the University of Buffalo Center for Computational Research (CCR), This model may be used during public involvement meetings and other events for this and adjacent projects. 5.31.0ther - Throughout the course of the project other public outreach may be employed such as public speaking opportunities may be identified and utilized as opportunities to speak about the project at public and organizational meetings. Draft SAFETEA -LU 6002 Coordination Plan Page 18 Figure 3 — Project Logo 5.4 Public Dearing Buffalo Harbor Bridge — EIS A public hearing will be held to provide the public with the opportunity to review and comment on the Draft EiS. There will be a 45 -day comment period following the meeting for the public to submit comments on the Draft EIS_ 5.5 Notice of Final EIS Following publication of the final - EIS (Notice of Availability (NQA)), a 30 day comment period will be provided for final public comments on the preferred project alternative and recommendations. 5.6 Public Officials Throughout the project — Public officials will be kept informed of the project progress and outcomes. Lead agencies will provide all information to officials. Draft SAFETEA -LU 6002 Coordination Plan Page 19 Buffalo Harbor Bridge a EIS l X1� J The following table lists major project activities and anticipated completion dates. Permitting activities are not specifically listed. Table 5 Major Project Activities and Anticipated Completion Dates Draft SAFETEA -LU 6002 Coordination Plan Page 20 Project ECHDC /NYSDOT notifies FHWA to April 2009 1 Initi Lead agencies initiate EIS (completed) 3 of Lead Agencies Lead agencies collaborate on drafting Aril 2009 2 Inte Lead agencies NOI. FHWA submits NO[ to Federal (completed) t(NOI) Re ister for publication Draft SAFETEA -LU 6002 Coordination Plan Page 20 9 Project 3 Coordina- Lead Agencies Develop Project Coordination Plan and A nI 2009 p tion Plan Public Involvement Action Plan PCP Invite cooperating and participating 4 Scoping Lead agencies agency participation. Scoping meetings April 2009 are scheduled for agencies and the p ublic. 5 Scoping Cooperating Agencies Agency scoping meetings. May — June 2009 6 Scoping Stakeholders Meetings for stakeholders - obtain May — July 2009 scoping comments. Develop Project Website and update on May 2009 — Sept. 7 Scoping Lead agencies a bi- monthly basis 2010 8 Scoping Public Initial Public Scoping Meeting July 2009 9 Scoping Public NEPA Public Scoping Meeting August 2009 10 Scoping p g Public & Lead Review of public comments following September 2009 Agencies final scoping meeting 11 Scoping lead agencies Complete scoping report November 2009 Public Information Center #1 -hold Public Information Center to inform the 12 Scoping Public public of scoping outcomes. Information November 2009 is also disseminated to agencies, stakeholders, and public officials, 13 Scoping public Charrettes/visioning workshop November 2009 w/ Public Information Center #1 Draft SAFETEA -LU 6002 Coordination Plan Page 20 Buffalo Harbor Bridge — EIS 4WDA i� tf Table 5 (Continued) Major project activities and anticipated completion dates 14 Pre -Draft DEIS Lead agencies Development of Pre -draft DEIS July 2010 Public Information Center #2 - hold Public Public Information Center to update public on 15 Information Public project status. Information is also July 2010 meeting /Open disseminated to agencies, stakeholders, and House public officials. 16 Pre -Draft DEIS ECHDC Internal review by ECHDC / NYSDOT Aug. 2010 Review NYSDOT 17 Draft DEIS Lead agencies Incorporate ECHDC/NYSDOT /Agency Sept. 2010 comments and prepare Draft DEIS 18 Draft DEIS FHWA FHWA Review Draft DEIS Oct. 2010 Review 19 Final DEIS Lead agencies Incorporate comments and complete Final Dec 2010 DEIS 20 Final DEIS Lead agencies Final DEIS Notice of Availability (NOA) Jan. 2011 ' 21 Public Hearing Public Public Hearing on Draft EIS Feb. 2011 Public, 22 Public Hearing Cooperating and Public and Agency comments on DEIS, 60- Mar. 2011 comment Period Participating day comment period Agencies Review and analyze public comments and 23 Final EIS Lead agencies responses with City, public officials. Review April 2011 schedule for Final EIS 24 Draft Design Lead agencies Prepare Draft Design recommendation May 2011 recommendation Complete Final EIS, including design 25 Final EIS Lead agencies recommendation, Public and agency June 2011 comments 26 Final EIS ECHDC Internal review by ECHDCINYSDOT July 2011 NYSDOT 27 Final EIS FHWA FHWA Review Final EIS Se L 2011 28 Final EIS Lead agencies Incorporate FHWA comments and finalize 2011 Oct. Final EIS 29 Final EIS Lead agencies Final EIS Notice of Availability NOA Oct. 2011 30 Final EIS All Agencies and 30 -day comment period prior to ROD Oct. - Nov. 2011 the Public Record of November 31 Decision Lead agencies Submit Record of Decision (ROD) 2011 ROD Draft SAFETEA - LU 6002 Coordination Plan Page 21 Buffalo Harbor Bridge — EIS Table 5 (Continued) Major project activities and anticipated completion dates 32 USFWS, EPA, US Army Corps of Engineers (USACE); National Marine SHWA Executive Order 11990 Fisheries Service Wetlands Finding. Evaluate and Findings Permitting (NMFS); Natural mitigate impacts on wetlands. Included in Resources FEIS Conservation Service (NRCS) and lead agencies Draft SAFETEA -LU 6 002 Coordination Plan Page 22 Executive Order 11988:, 1=loodplain Management To avoid the long- and short-term EEMA adverse impacts associated with Findings 33 Permitting and the occupancy and modification Included in lead agencies of floodplains, and to restore and S preserve the natural and beneficial values served by floodplains. US Coast Guard Section 9 — Bridge Permit - (9th District); Rivers and Harbors Act of 1899: Prior to 34 Permitting and 33 U.S.C. 40. Must obtain approval of Construction lead agencies plans for bridge permits US Army Corps of Section 10 Permit - Rivers and Engineers Harbors Act of 1899:33 U.S.C. 401) Prior to 35 Permitting and Must obtain approval of plans for Construction lead agencies construction, dumping, and dredging permits. Section 404 Permit - Federal Water Pollution Control Act (1972), as US Army Corps of amended by the Clean Water Act NYSDEC. (1977 & 1987): 33 U.S.C. 1251 -1376 Ps to 36 Permitting aa ndgineers; Restore and maintain chemical, Constr uction tr physical, and biological integrity of lead agencies the Nation's waters through prevention, reduction, and elimination of pollution. Draft SAFETEA -LU 6 002 Coordination Plan Page 22 Buffalo Harbor Bridge — EIS �.: l Table 5 (Continued) Major project activities and anticipated completion dates `-° graft SAFETEA -LU 6002 Coordination Plan Pagq °2-3 r New York State Department of Section 401 Water Quality Prior to 37 Permitting Environmental Conservation Certification. Protection of Waters Construction Permit and lead agencies New York State Department of SPDES /NPDES Permit Prior to 38 Permitting Environmental Construction Conservation Coastal Zone Consistency Approval Coastal Zone New York State Management Act of 1972: 16 39 Permitting Department of State Depart U.S.C. 945. Preserve, protect, Prior to Construction develop, and (where possible) lead agencies restore and enhance resources of the coastal zone. New York State Department of Article 24 - Freshwater Wetlands Prior to 40 Permitting 9 nvironmental Conservation permit Construction and lead a encies `-° graft SAFETEA -LU 6002 Coordination Plan Pagq °2-3 r 00035 \ `0` CERTFIED MAIL # RETURN RECEIPT REQUESTED 226 East Utica Buffalo, NY 14208 (716) 883 -2985 May 29, 2009 The Honorable Byron W. Brown 201. City Hall Buffalo, NY 14202 Re. 214- 220 -230 -234 East Utica Dear Mayor Brown: I am experiencing a problem with the Division of Real Estate that I hope you. can assist me with. I own 226 East Utica. Since October of 2008, 1 have been attempting to homestead 214- 220 - 230 -234 East Utica Unfortunately, however, I have received contradictory information about whether these lots were eligible for homesteading. Initially Mr. Jay Duderwick at the Division of Real Estate advised me that I could homestead lots adjoining my honne- -one lot at a time without restriction to the number of lots that I could acquire. Subsequently, Mr. John. P. Hannon, Jr., Director of the Division of Real Estate, informed me that I could not homestead any lots adjoining my property because the city was holding them for possible future Phase Three housing development. It should be noted that my immediate neighborhood has many derelict houses and vacant lots. There appears to be no sign of any immediate or future development in the area. Further, the parcels are not included in Phase 2 housing development and are too narrow for development. I simply do not understand why I am unable to homestead 214 - 220 - 230 -239 East Utica, particularly in light of the information I was initially provided by Mr. Duderwick and Mr. Lynch. .i Mr. Bradley Wales "Wales, Bradley" BAWales(u),buffalo.edu (716) 866 -9665 Bruna Michaux 13runabuff (t)aol.com Ms. Candace Moppis Mr. Peter Savage III Mr. John P. Hannon Jr. havon c�cit r- buffalo.com (716) 851 -5277 Mayor ow iiWebM,�iil(a)ch.ci' .bu ffal o .i - i.v._us People United for Sustainable Housing (PUSH Buffalo) 271 Grant Street Buffalo, NY 14213 aaron(q�,pushbuffalo.org (716) 884 -0356 Channel 2 WGRZ -TV 259 Delaware Ave. Buffalo, NY 14202 71.6 -849 -2222 2 On Your S.idu .News akompos(a ?wgrz.gannctt.com; rnd emler(�??wgrr.c 71.6- 849 -2220 Channel 4 WIVB I WNLO -TV 2077 Elmwood Ave Buffalo, NY 14207 71 874 -4410 Newsroom: 716 -876 -7333 newsroom !),wivb.cozn Call 4 Action: call 716- 879 -4900 weekdays from I 1 am - l pm or email Call 4 Actio Channel 7 WKBW -TV 7 Broadcast Plaza Buffalo, NY 14202 (71 C) 845-6100 ww w.wkbw. com t ?�� -.'' C c -'_ I 1'yzl.nk.'F'• sd F'Flxv�Srn. . e..�G- 'ey'�T ..1 -� ir>1rs- �c yCnce (i�ve:kr- 9ffttiAxe @t�C.r -ps - ��� axhf(ck ni „ccch - Y %: ��h•tvd ti:'AtG art•"' Cet x - .e w8w, 3a - ��i..�'.e5 a•ae,oa.iaak ��i;ra �<m hiy Cfr a,,;rs .�+.d.v�i:_�•� s is ... ,a, ,r, .. 3 z.a � T.9 ' t.i . zs5 +��� f'� •S _- ....._ ,., h 1, B _ I 1 r ri i�• ,t ,1P t,1 to r ids rs , ,s to � N . ]s � ,eo Ir9 z.• j � z L � iCYil 1. -n T - 1 r s it rase >,s ss. ,s I i 1) 1 Fh (E „ littp: / /www.ortps. statea iy . us /asse /vol4 /i aart2 /sec /scc485- c.htnl l !. �V L EGEND Im Crry 4wwo poopeAIY my owmw YRDPHATY WITH ATwxTuw 9MOARE LOT L.OT..•..MODEL. ADDRESS Lci -0 N 94 OL19 YOM AVIMM Lei .ti R TOO W OLS OOD "US" Lai -A T 104 (LOWOOD AVENUE Luf r7S Y i2o M"WOOO OR" Le, M / 124 GLfwwOOO AWME 1, n34 O SS SAAT 1ETlcA 97K"T I � :Rdh sir,. N f La.,i Urrca 5Y< FT' PROJECTT EAST SIDE HOUSING OPPORTUNITIES PHASE DEVELOPEReNRP GROUP CITY OF BUFFALO COUNTY OF ERIE, STATE OF NEW YORK NOVA" to too$ S4`ALY.�1 °.wa SHM 3 OF S FW -AIWT ASS"TES ;., Aewewu AM.mq �i/�ryiFfA. :. Y77 iYe� MNi E Exhibit A: Email Correspondence (phone calls documented as "phone log ") Office of Strategic Planning correspondence Oct 8, 2008 to March 2009 "Lynch,jay" to me ,.I .. o r (j ' 1: 1 ] 1i:3 1018108 I did a quick review of your file with Mr. Hannon....we need verification of employment as per 9124 letter. Also, the phase 2 "residential use" component lists a greenhouse, and a "detox hut" which will need clarification because of the R2 zoning and permitted usage. Technically, ownership of and residence in a dwelling is a prerequisite for homesteading an adjoining vacant lot, so Homesteading the house will be the initial transaction. Any lot releases will require additional review, including the required notifications to adjoining property owners on Utica, Purdy and Glenwood. Any questions, please call. Jay Fee Parker to JaY, jlYnch, bommerlaw, Melissa, David 10/13/08 Hi Mr. Lynch, We received your message regarding the additional adjoining parcels (214 -230) to the house at 226. You mentioned earlier that the situation was unusual to request the the parcels and house in the same request. We took your suggestion and had the land use proposal submitted concurrently with the rehabilitation proposal, to emphasize the importance of the entire set of parcels for our personal use. It was not until last week that the issue of including all parcels in the contract was introduced. Per your Oct 8th email: "Technically, ownership of and residence in a dwelling is a prerequisite for homesteading an adjoining vacant lot, so Homesteading the house will be the initial transaction. Any iot releases will require additional review, including the required notifications to adjoining property owners on Utica, Purdy and Glenwood." It is exceedingly important that we negotiate as many parcels as possible initially as this is primary interest in this site. If it is necessary at this point to have legal representation, we are prepared to do this. We have submitted the rehab proposal and it will be a substantial investment to get the 226 house in livable condition and Melis will use it as her primary residence (as stipulated). If we decide to later rezone the property for commercial use -- we will follow the procedures as set up by city ordinances, however this is not our priority. I have attached the personal /residential land use proposal as submitted, for your records. We also faxed her employment paystubs last week to complete the rehabilitation proposal. So as far as we are aware you have all required documents to complete this request. Additionally I have attached the CURRENT photos from the house - the city photos are 2 years old and the house continues to deteriorate due to non -use. Please feel free to contact us at 983.7390 (cell) or 883.2985 (home) if you have any questions and or comments. We look forward to hearing from you. Best, Melis and Felicia ti "Lynch,jay" to me «E.Utica homestead>> 10/15/08 Attached is the letter explaining the procedures we are obligated to follow when homesteading vacant lots. understand your request and need to acquire as many of the parcels as possible, and have relayed your interests to the appropriate authority. We are working as quickly as possible to address your concerns. I will keep you informed. Jay "Attached Document , 2008 Melis M. Goff 277 Pennsylvania St. Buffalo, New York 14201 Dear Ms. Goff : Re: Homestead 214 -220- 228 -230 -234 E. Utica The Division of Real Estate has received and is reviewing your request to Homestead the above City owned vacant lots for yard space. The City may dispose of property through private negotiated sale, public auction, or homesteading. To be eligible for Homesteading a propertV MUST be located in an Urban Renewal or Comprehensive Code Enforcement Area and various City Departments must determine that a property is not needed for public purpose or development. Before a property can be homesteaded, all adjoining property owners will be contacted and the property will be offered for sale to them. It must first be determined that the property cannot be sold before homesteading. If an adjoining owner expresses interest in purchasing, the lot is not eligible for homesteading and will be sold to the qualified, interested purchaser. If it is determined that none of the adjoining property owners are interested in purchasing this property, the property is eligible for homesteading. s Anyone owing any debt to the City or having any violations on property owned in the City is not eligible to homestead or purchase property from the City. If your homestead request is approved, you will be responsible for payment of cost of legal description, transfer tax, and recording fees at the time of closing. Please be advised that due to the large volume of requests to homestead city lots, the time to process an application can take up to six months or more. Please call 851 -6541 if you have any questions regarding the above. If we do not hear from you within five days from the date of this letter, we will begin the above procedures and notify you of the outcome of our inquiries. Sincerely, John P. Hannon, Jr., Director Division of Real Estate JPH: jjl "Lynch,jay" to me 10/15/08 ..... ..... I received all the documentation and will submit to director for review. Jay Fee Marker to jaY ? i; 10/15/08 Is there an ETA on the review and might it include the parcels that we requested? We are 7 days from the InRem Auction! Thanks very much, Felicia "Lynch,jay" to me r,; rr . ._;::<<_3 . I. : 10/15/08 The notification process to adjoining property owners takes a minimum of 14 days from the date the contact letter is sent, so even if the lots are all released, there's no way to complete the process before the auction. Jay r r r r w r w r r r r w r r r w r r w r w w r r M r w r r r r r r r r r r r r r r w r r r M r r r r r r r r r r r r r r r a r r r w w w r r r r r■ r r r r■ Duderwiek Fee Parker to jduderwick, Melissa =.'. .. € ; s;: ; Jan 6 C Hi Jay, Because our first priority is the garage, we have decided on 228 E. Utica as the homestead parcel of choice. Please confirm that you have received this messsage and that the selection is being forwarded to Pam for the legal description. Per our conversation this morning we understand that at the closing of this homestead, we may then request the next parceltlot. Thank you in advance, Felicia and Melis Fee Parker to Jay, Melissa Hi Jay, cF l-7 Jan 8 We received the letter for parcel 228 E Utica and would like to expedite the homesteading of this lot. Melis meets all the requirements including zero parking tickets. Please begin the paperwork at your earliest convenience. You may contact her at 716.870.8285 or me at 716.983.7390 if she is not available. We would like this to complete the request and begin the procedures on Friday 1/9/2009 if at all possible. Thank you in advance for your assistance, Melis and Felicia Fee Parker to Jay Hi Jay, Jan 26 I know it was budget time last week and didn't call to decrease your hassle. I do want an update on 228 when you are available to do so. Please let me know an estimated time to expect the results and I will plan accordingly. Thanks in advance, Felicia "Duderwick,Jay" to me <i _�::�; Jan 26 Fee: The Paramount Lodge No 73 responded that they want to purchase 223 East Utica, as well as, 53 & 55 Purdy. In order for the Lodge to be a legitimate client, all their financial obligations must be current and they are required to give us a plan for the use of 223 East Utica. We allow 4 to 6 weeks for their response. If they become a legitimate purchaser, you will also be afforded an opportunity to bid on 223 East Utica, with the high bid being honored. I'll keep you informed of the status of the Lodge's request. Jay D. Fee Barker to Jay, Melissa Jan 27 Hi Jay, We will request 220 E Utica for the next land use committee meeting. Can you please include this as a request for the parcel for a garage for the property on 226 E Utica? I would appreciate if you could forward it to Pam! I've got meetings for most of the morning and won't be able to follow up with this until much later today, so if you can update our request (so many now:) ) that would be very helpful. Please let me know if I need to do anything further. Best, felicia and melis Duderwick,Jay" to me .. Jan 27 Felicia: I prepared your request for the Land Use Planning meeting, scheduled for next Wednesday. You don't need to do anything else for now. JD ---- - - - - -- Forwarded message ---- - - - - -- From: Fee Parker <feeparker @gmail.com> Date: Feb 18, 2009 2:18 PM Subject: Re: 228 and 220 E Utica updates? To: "Duderwick,Jay" <jduderwick @ch.ci.buffalo.ny.us> Hi Jay, Please forward that policy as I do believe that our previous requests would be considered as pre - policy change status. I will contact you later! Thanks, Felicia On 2/18/09, Duderwick,Jay < jduderwick @ch.ci.buffalo.ny.us> wrote: Fee: Haven't heard from Don Howard. When we do, I'll submit 228 for homestead. At our last Land Use Planning meeting, a policy of homesteading only one lot was approved, so we'll have to proceed on your other requests as sales. JD From: Fee Parker [mailto:feeparker @gmail.comj Sent: Wednesday, February 18, 2009 12:31 PM To: Duderwick,Jay; Melissa Goff; feeparker @gmail.com Subject: 228 and 220 E Utica updates? � = Forward 0 Reply by chat to Melissa i1 land use next meeting Inbox Fee Parker to Jay l �_ Mar 2 �1 12eply Hi Jay, Is the committee meeting this week and what is the last day to submit the request documents? Thank you, Fee = Reply °' Forward " Duderwick,Jay" to me Mar 2 Reply Felicia: The Committee meets this Wednesday, March 4, 2009. The last date for submitting a request for March 4, 2009 was Friday, February 27, 2009. The committee will meet again on Wednesday, March 18, 2009. The deadline for filing a request for the 18"' is Friday, March 13, 2009. JD From: Twee Parker [mailto: feeparker(a)g mail. corn Sent: Monday, March 02, 2009 10:43 AM To: Duderwick,Jay Subject: land use next meeting Show q uo!od text :::; , R eply For ward Invite Jay to Gmail Fee marker to Melissa, Jay ;:i' ' ;> Mar 2 1 ;s fepIy Great. Thank you! Please understand my frustration with the process. It is in no way a personal attack, it's just that the rules appear to have changed. Though in actuality they have not, it is not clear to us how the process actually works because of the "fluidity" afforded to the land use planning. Best, Felicia ti coin l cU Parker <feeparker �gmail.eom> to "Duderwick, Jay" < jduderwick ((r,,ch.ei.buffalo.ny.us >, melisgoffi@,gmail.com date Wed, Mar 18, 2009 at 1.32 PM subject Re: land use next meeting; mailed -by gmail.com hide details Mar 18 Reply Ili Jay, I thought that I night have time to go to the committee meeting today, but we have travel plans. Please let us know what the final deposition is for the parcels that we most recently requested at your earliest convenience and hopefully by .Friday March 20, 2009. Thank you in advance, Melis and Felicia from Fee Packer <teeparkcr(a�gmail.com> "Duderwickjay" to <jduderwick(Ci )cli.ei.butfalo.ny.us >, melisgoff(c�gmail.eorn bide details Mar 24 Reply date Tue, Mar 24, 2009 at 10:29 AM subject Re: land use next meeting nailed -by gmail.com Images of the Phase 2 development plan. No requested parcels (220/214/230) are designated as part of this plan, per the October 2008 Office of Strategic Planning image. Jay: "Thanks for getting back to us on the discussion with Rob Gilroy - maybe these images will help? .Best, Melis and fee LEGEND. Em CITY owwo pRoffavy V vy O*wu FKa Ty W" mw:T'" wwomm wy LOT * MODEL ADDRESS La1 •U 11 04 QLH W * O A 0" Lc1 H! C, 00 *Lblw**D AVp" 181 . A Y to& 0~*OD AVOW W -io 4 Ito Otatw000 ALV"m 1.4 1" '" QwKwo�w ALvt*m LM .44 R as rAST t"ItA *l"wY o. T . �vllj PROJECTS EAST SIDE HOUSING OPPORTUNITIES PHASE 2 DEVELOPER. "RP GROUP CITY Of OUfFALO COUNTY OF 15FUE, STATE OF NEW YORK mov[ n W. 2"s FOR-AIMIT ASSOCIATES 4 L r 1� i �3 I have enclosed copies of my exchange of e -mails with the Division of Real Estate for your information. Any assistance you may provide in helping homestead 21 4- 220 -230 -234 East Utica will be greatly appreciated. Thank you. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT THE OFFICE OF STRATEGIS PLANNING THE DIVISION OF REAL EVMA M" CORPORATION COUNSEL ef� j II i 4 Melis Goff Enclosures cc: Mr. Brian. Meyer bi ffnews.com (716) 849 -4510 Mr. Geofl`Kelly editorial ku- tvoice.coin (716) 881 -6604 Mr. Demone Smith d snlithCl?c ty -buf falo.a�in. (716) 851 -5145 Mr. David Franczyk DFranczykC(1�c- .iky -fu ()- (�nj (716) 851 - 4138 Mr. Michael Kuzma, Esq. inkuzina((r - buffalo.coi - i - i (716) 851 -4138 - - Ms. "Zoe Lavatelli i ncii «?zoelava l r (716) 851 -4647 (i 00vt111 June 1, 2009 Buffalo Homecoming Citybration Buffalo By Choice 266 Elmwood Avenue, #407 Buffalo, NY 14222 Dear Commissioner Stepniak: Buffalo Homecoming 2009 Citybration is the fourth annual celebration of Buffalo. This unique event is designed to showcase the City's many assets to help keep our best and brightest here, encourage those who have left to come back, and to attract professionals, entrepreneurs, and businesses to the region. More than 10,000 participants are expected to attend the more than one dozen events that will take place on Thursday through Sunday, June 25 —28, 2009. Attached please find a summary of the events that make up this four -day celebration. To encourage city residents to participate in the event and to invite their friends and family to join them as we celebrate Buffalo, our small grassroots organizing committee would like to hang a banner across Elmwood Avenue at Bidwell Parkway as soon as possible. Leader Press has offered us a non - profit rate to produce an appropriate mesh banner, and we have raised the necessary funds for this, but the cost to install the banner is actually greater than the cost to produce it, and is far beyond our limited means. Would the City of Buffalo support this event that celebrates the City of Buffalo by installing the banner? This would represent a very critical in -kind support of this unique event. Thank you for your kind consideration of this request. We look forward to hearing from you. Banner production must be authorized as soon as possible. Sincerely, REFERRED F TH t AMIT ON LEGISLAIVU, Marti Gorman 716.903.7155 marti@martigorman.org www.Citybration.com 0003 11.14 j..r Don & Pam Grzebielucha 131 Seward (aka 40 S. Pierce) Buffalo, NY 14206 .tune 3, 2009 To The Honorable Common Council Room 1301 City Hall Buffalo, NY 14202 Re: Item #5, C.C.P. 4/28/09 (Abandonment/Sale Portion of S. Pierce Dear Councilmembers: In the above referenced item Your Honorable Body approved the abandonment of a portion of South Pierce 18' x 245' to Mr. & Mrs. Daniel Derenda. In said item Your Honorable Body directed the Division of Real Estate to negotiate with Mr. & Mrs. Daniel Deren.da for the purchase of 18 feet of the easterly portion of South Pierce and allow reasonable access to the neighbors to give them turn clearance to access their driveway. There appears to be a misunderstanding regarding the purpose of the access. The access is not needed to get into our driveway. We can access out driveway via Seward Street. The access is needed to allow vehicles ingress & egress into our backyard through a side gate (which is the only access for a vehicle to get into our backyard), The access is needed for landscaping and maintenance purposes and for future plans to expand our hoe. As the Derenda's have indicated they need 18' of the Paper Street in order to build their home leaving only 12' of the Paper Street. We, the owner's of 131 Seward, need 15' of the Paper Street in order to make the turn into our backyard via the Paper Street for future expansion of our home (3 season room), for landscaping and maintenance purposes. We are requesting that Your Honorable Body approve to amend Item No. 5, C.C.P. 4/8/09 to read that the abandonment and sale of 1.8 ft. of the Paper Street be on condition that the owner's of 41 South Pierce give the owner's of 131 Seward (a.k.a. 40 S. Pierece) access to the westerly 3 ft. of the proposed 18 ft. of South Pierce which is being proposed to be sold. The 3 ft. will allow the owner's of 131 Seward the turning radius needed to access their backyard. We have enclosed pictures of the area in question, so that you can have a better understanding of our situation, We have been advised by an Attorney without a clear understanding of the circumstances in writing it will not be enforceable. If Your Honorable Body does not approve to amend Item No. 5, C.C.P. 4/28/09, we could ultimately be denied access into our own backyard. Our concerns are not with the Derenda's but if Derenda's ever sell their property the new owner's may not be as understanding and deny as the only access for a vehicle to get into our backyard and without this clause in writing we would have no recourse. Your support would be greatly appreciated. Sincerely, Don & Pam Grzebielucha REFERRED TO THE COMMIT'T'EE ON LEGISLATION AND THE CORPORATION COUNSEL t .I .5' ���� r��C. -Q �� i � �. � � � - -_ ,:. 4. , �; � .� - 0 V 5 „" 4PI S The u MICHAEL j LoCU DELAWARE DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1405 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 853 -5155 0 FAX: (716) £351 -4553 E mlocurtoAcity huffalo.com LEGISLA ASSISTAN PALK ALA( GRAM j.Y K. HAMM June 5, 2009 C HAIR CommuNfIN ULV€.LOPM€ NT COMMITTEES LEGISiATION F €NANCF: 131 OfIT B OARD S BURA Gerald Chwalinksi City Clerk 1308 City I - Tall Buffalo, New York 14202 � - ` : CDBG Monitoring Report Candies CLIlinary and Hospitality Group, Inc, d/b /a Sunset Bar and Grille Mr. Cliwalinski: PleaSc file the referenced doeument for the Common Council meeting; on June 9, 2009. Sincerely, MICHAEL, J I_oC[JR "I'O Working for Today - Planning for Tomorrow Buffalo Urban Renewal agency 214 City Hall, 65 Niagara Square Buffalo, New York 14202 -3302 716 -851 -5656 716- 851 -5006 Fax Byron W. Brown, Chairman June 2, 2009 Mr. Brian Reilly President Buffalo Economic Renaissance Corporation 920 City Hall 65 Niagara Square Buffalo, NY 14203 Re: CDBG Monitoring Report Candies Culinary and Hospitality Group, Inc. d /b /a Sunset Bar and. Grille Dear Mr. Reilly: As you are aware, the Buffalo Urban Renewal Agency conducted a monitoring review of the subject program during the period May 15 — May 28, 2009. The enclosed report conveys the results of this assessment details observations that were reached, through a review of records, an on-site visit and discussions with appropriate representatives. We appreciate the courtesy and assistance extended by the management and staff and would like to thank those who have participated in this monitoring review for their.cooperation. This office looks forward to working with your program representatives to address and resolve any finding and/or concerns in an effort to improve program performance. Please review the information in the attached report and provide your written response and any requested information to me at Room 214 City Hall no later than June 17, 2009. if there are any questions about this report, please contact me or Ms. Lynn Urbanski at 851 -5048. a'FERRED TOTHE COMMITTEE COMMUNITY OEVELOPMENT6 CAK/J K1ca Enclosure Sincerely,` Carla A. K smerl Deputy Commissioner, Administration & Finance C: Mayor Byron W. Brown Lynn Urbanski, CDBG Program Manager °`TQ BUFFALO ECONOMIC RENAISSANCE CORPORATION MONITORING REPORT CANDIES CULINARY AND HOSPITALITY GROUP, INC. dlbla SUNSET BAR AND GRILLE Date of Report: May 28, 2009 BURA Monitoring Team Representatives: • Lynn Urbanski, Program Manager • Carla A. Kosmerl, Deputy, Administration & Finance Buffalo Economic Renaissance Corporation Representatives: • Vice President of Lending (Chief Lending Officer) — Eric Gadley • Senior Loan Officer — Richard Spula • Vice President of Neighborhood Economic Development; also serves as CARE Program Manager --- Michelle Barron • General Counsel — Divitta Alexander_, Esq. • BERC President —Brian Reilly Date of On -Site Monitoring: May 15 — May 28, 2009 Date of Exit Conference: June 2, 2009 BURA Contact Person: Carla A. Kosmerl, Deputy, Administration and Finance, at (716) 851 -5656 Executive Summary A monitoring team of BURA representatives conducted a review of the Buffalo Economic Renaissance Corporation (Subrecipient) during the period May 15 to May 28, 2009. The focus of the site review was Community Development Block Grant (CDBG) assistance provided by the Subrecipient to Candies Culinary and Hospitality Group, Inc. d /b /a Sunset Bar and Grille, (the Borrower). The Borrower was provided two $40,000.00 loans and one $30,000.00 grant totaling $1 10,000.00 CDBG funding. This activity was reported in IDIS #6865. The purpose of the review was to determine compliance with regulatory requirements for the Community Development Block Grant Program in providing this assistance Candies Culinary and Hospitality,Group Page 1 of 11 The purpose of monitoring is to ensure compliance with statutes and regulations that govern the program according to the Community Development Block Grant Regulations under 24 CFR Part 570; the Uniform Administrative Requirements under 24. CFR Part 84 and Part 85, as applicable; and guidance provided in Community Planning and Development Policy Directives. BURA's monitoring is designed to: provide an opportunity to verify that the primary goal of CDBG used in this specific project, which was to provide funds for economic development, is being realized; assure that Federal resources are used in compliance with applicable program regulations and requirements; and enable the Subrecipient to improve administration and performance. Scope of Review The scope of this monitoring was directed toward the following specific areas, with a primary focus on the. CDBG Program: • Compliance with project costs /financial - requirements and • Compliance with eligibility standards under 24 CFR 570.203 • Compliance with public benefit standards under 24 CFR 570.209 • Compliance with national objective under 24 CFR 570.208 • Compliance with conflict of interest prohibitions under 24 CFR 570.611 • Overall Management • Documentation and Program Record Keeping w Compliance with internal lending policies These areas were reviewed by the BURR Monitoring Team via interviews of management, review of documents, recalculation of tenant income and rent, site inspection and examination of a sampling of tenant files maintained by the site manager. Summary of Results and Conclusions We inquired. about existing policies concerning various program requirements. We obtained original lending, CARE program and voucher files for review. ' We then conducted tests of the Subrecipient's system and the existing policies to determine compliance, adequacy and to confirm they were applied in our test case. i Candies Culinary and Hospitality Group Page 2 of 11 Compliance wiith_Eligibili This activity involved lending funds for two loans through BERC's Commercial Lending Program and a grant through its Small Business Matching Investment Program. The activity qualifies under 24 CPR 570.203(b) Special Economic Development Activities, "The provision of assistance to a private for - profit business, including but not limited to, grants, loans, loan guarantees, interest supplements, technical assistance, and other forms of support, for any activity where the assistance is appropriate to carry out an economic development project, excluding those described as ineligible in 570.207(a). In selecting businesses to assist under this authority, the recipient shall minimize, to the extent practicable, displacement of existing businesses and jobs in neighborhoods_" The activity provided two $40,000.00 loans for working capital, and inventory and' one $30,000.00 grant for furniture, fixtures, and equipment to a for - profit business operating as a bar /restaurant located at 1389 Delaware Avenue in the City of Buffalo. This was a new business that was starting up. The business owner had secured a three year lease with three year extension options on the building at 1389 Delaware Ave. Compliance with National Objective The two loans to the Borrower were qualified under the national objective of Low /Mod Job Creation. An "Employment Summary Form" was completed that reflected the Borrower's commitment of 11 full-time and 5 part -time jobs (13.5 FTE) to be created of which 9 full -time and 5 part -time (11.5 I;TE) jobs, or 85% would be held by low to moderate- income persons. This exceeded the HUD requirement of 51 % of jobs created be held by low to moderate- income persons. There is a three year period in which the Borrower was given to obtain the job goals. An "Employment Reporting Certification" form was signed by the Borrower. The Loan Agreement contained language that at least 51 % of the jobs to be created must be held by low to moderate income persons. The Loan Agreement also contained a default provision whereby the funds must be repaid if the job goals are not met. The file contained an Employment Data Report (EDR) dated 3131108 reflecting that 2 full -time jobs and 13 part -time jobs were created of which 9 part-time jobs were held by low to moderate income persons. There were ten completed "Employee Income Certification Survey Form flk/a Employee Statistical Report" attached to the EDR. These forms were filled out by employees and indicated that 9 out of 10 employees were low to moderate . income persons. This information was not contained in the City's CAPER Report for the period ending 4130108. BERC Loan Staff indicated the Borrower did not respond to the EDR requested in March 2008 but provided the information in August of 2008. As such, the borrower did not timely comply Candies Culinary and Hospitality Group Page 3 of 11 . r with the terms of the loans when he failed to complete the EDR that was requested in March 2008. There was also a grant to the Borrower which documentation cited both the qualification of national objectives under Low /Mod Job Creation (for the jobs projected to be created as stated above) and under Low /Mod Area Benefit. The file indicated the grant was necessary to fill a gap in financing for furniture, fixtures, and equipment. The file documentation contained a Project Eligibility Form for Low /Mod Area Benefit that stated the service area of the business was a 2 mile radius. Census data for this service area was included that reflected a low /mod income population of 63.10 %. The business is located on the Delaware Avenue commercial strip and borders Forest Lawn Cemetery and Delaware Park. The file documentation did not state how this service area was arrived at. As such, the documentation did not adequately detail how this assistance met the Low /Mod Area Benefit national objective. However, the assistance in total did qualify under the requirements for the national objective of Low /Mod ,lob Creation and met the Public Benefit Standards. The business closed its doors in December 2008, approximately one year after start up. Before closing, the activity created 2 FT and 13 PT (8.5 FTE) Jobs of which 9 PT (4.5 FTE) jobs, or 53% were filled by Low /Mod Income persons. Compliance with Public Benefit Standards and Sec. 570.209 The activity complied with the individual Public Benefit Standard at a cost per job of $8,148.15. The calculation is as follows. Amount of Assistance = 111 0 000 = $8,148.15 Cost per Job Proposed FTE 13.5 This is well under the requirement that the cost per job be less than $50,000.00. using the required cost per job renders the following: Amount of Assistance = $110,000 = 2.2 Jobs Required Cost per Job $ 50,000 Using a requirement for 3 jobs, it appears the requirement was met for the first year. 3 FTEs per year would result in a total of 9 FTEs required. The actual jobs created exceeded the 9 FTEs when considered on a one year basis. It should be noted that the assistance did create jobs and had the business remained open, it was probable that the job goals would have been achieved. Compliance with Underwriting Guidelines BERC performed underwriting using its own underwriting guidelines. The Loan Officer who presented the loan case for the first loan on June 15, 2007 did not Candies Culinary and Hospitality Group Page 4 of 11 recommend the loan for approval. The element of risk was assessed as high. The most significant risks associated with the credit appear to be start up, credit, and collateral risk. These risks were somewhat mitigated by the fact that the business would be managed by an experienced management staff and would offer meals and entertainment from an accessible location. Additionally, there would be a $79,925 equity injection by the owner. The loan was approved on 6115107 by the Small Loan Committee and the minutes indicate that the loan was increased from $35,000.00 to $40,000.00 to fund project costs and omit a $4,075 grant request that would be withdrawn. The large owner's equity contribution was a determining factor in approving the loan. The grant application was approved on September 13, 2007. The grant was necessary to fill a financing gap for furnishings, fixtures, and equipment. The grant was paid out in nine disbursements to various vendors for EE &E. The opening of the restaurant was delayed until December of 2007. A leak in the roof caused damage to the Borrower's property, there was a delay in the restaurant's opening and other lease related issues arose between the Borrower and the Landlord resulting in a lawsuit which was later discmissed. The approval of the liquor license also delayed the opening. The Borrower incurred an accumulating debt from June through December due to these issues. The Borrower then requested a second loan for $40,000.00 in January of 2008 for Accounts Payable and Working Capital was presented on January 17, 2005. The business had a successful opening and was operating with good reviews in both the Buffalo News and Artvoice. However, there were internal bookkeeping and cash management problems. The Borrower's Income Statement reflected a profit since the opening and the ability to cover the repayments on the loans. On February 12, 2008 a second loan was approved for $40,000.00 with the following stipulations: 1) that a CPA compile monthly financial statements and provide to BERG over a six month period; 2) that an escrow account in the amount of $5,000 be funded to act as a working capital reserve account; and 3) that information be provided regarding inventory control systems in place and lawsuit(s) involving his business and landlord. The Borrower complied with providing the inventory control systems and information on the lawsuit which was dismissed. The Borrower did not comply with providing six months of financial statements or the $5,000 escrow account. The Borrower provided monthly financial statements in July 2008 after repeated requests from the Loan Officer. BERC's documentation acknowledges the level of risk is higher for start-up, small businesses and the difficulty in securing commercial financing. The fact the Borrower was risking a substantial amount of his own equity was evidence of his commitment to this enterprise. It appeared that BERG's actions were reasonable in providing assistance to this minority owned business to ensure its survival and its commitment to create job opportunities for low to moderate income persons. As part of BERC's policy and procedures, BERG staff conducted a site visit on 7117108 to review the facility, look at the equipment, job creation, and talk to staff. The Borrower did not have the NYS -45 payroll Candies Culinary and Hospitality Group Page 5 of 11 . i� information available. It appears the first Employment Data Report that was requested in March 2008 was provided in August 2008 as a result of this visit. Notwithstanding BERC's efforts to support and assist this business, the business had stopped paying on the loans in October 2008 and closed its doors in December 2008. BERC followed standard policy and procedures in handling the non - payments and eventual default: • On 11 /1 7/D8 the Borrower was sent separate invoices indicating past due payments were due on the loans. • The Borrower was sent a past due letter by the Loan Portfolio Manager with late fees accumulated dated 12/1'1/08. • The Borrower was sent a Notice of Default and 90 Day Past Due letter on 1120109_ • Payoff Statements were prepared by the Accounting Dept. for both loans and the grant on February 6, 2009. Files were sent to BERC's outside collections counsel to initiate the lawsuit which BERC brought against the Borrower. Pursuant to the terms of the grant's three year recapture and default clause, BERC is suing for 66.7% of the grant or $20,010.00. • Under the three year recapture clause, the Borrower must repay the entire amount if it closes or sells the business within 1 year; repay 66.7% of the grant if it closes or sells within 2 years; or repay 33.3% of the grant if it closes or sells within 3 years. The 3 separate lawsuits are currently in litigation. Compliance with Conflict of Interest Provisions 570.611 BERC has a "Disclosure Statement" form that applicants applying for loans and /or grants must complete as part of the application. The borrower completed and signed this "Disclosure Statement" and indicated he "is not employed by, related to, or currently has or had a business relationship with any person who is employed by the City of Buffalo, City of Buffalo Office of Strategic Planning, Buffalo Urban Renewal Agency (BURA), Development Downtown, Inc., or the Buffalo Economic Renaissance Corporation (BERC)." BERG has an internal conflict of interest policy in its employee handbook which requires employees to restrict activities which create, or potentially create, a conflict of interest. • You may not advise, recommend or take part in activities or programs from which you may personally gain financially without prior disclosure and approval from senior management • You may not accept gifts from any organization with which BERC has • You may not accept employment with any organization that has a business relationship with BERC without prior disclosure and approval of senior management. Candies Culinary and Hospitality Group Page 6 of 11 Upon inquiry the Program Manager informed us that she did not have a conflict of interest with this business. The monitoring review did not uncover any relationship contrary to the stated lack of conflict of interest. Other Compliance Issues and Factors The file contained a signed "Agreement for the Prohibition on Use of Assistance for Employment Relocation Activities" to comply with 570.210 relating to job pirating activities. The file contained the appropriate signed, "Short Environmental Assessment Form ". The files documented that Davis Bacon did not apply to the loans or grant, as no funds were, being used for construction costs. A DUNS number for the Borrower was noted in the file. Conclusion In summary, BERG provided financial assistance to this business during a period of slow economic recovery to bring a new business into the city, help to stabilize the city's tax base, revitalize the neighborhood, fill a vacant storefront, and create over 13 full -time equivalent jobs. The assistance did result in the creation of 8.5 full -time equivalent jobs before the business failed. The borrower continued to make required payments on the loan through September 2008. When the required loan payments were not subsequently made, BERG acted appropriately, timely, and in accordance with its Policies and Procedures for collections. When the Borrower failed to make payments on the loans, the two loans and the grant were categorized by BERG staff as being in default and subject to immediate repayment. BERG took the appropriate course of action and forwarded a file to its collection attorney who initiated a lawsuit to collect on the loans and grant. Any funds received as a result of the lawsuit will be repaid to the CDBG Program. Corrective Action Recommendations The performance of the Buffalo Economic Renaissance Corporation (the Subrecipient) with respect to the CDBG program is in need of improvement. This report contains several concerns, which are offered for management's consideration. A concern is a deficiency that is not based on a regulatory or statutory requirement. These concerns are provided below and include recommendations for improvement that we believe should be made by the Subrecipient. 1. BERG has a Loan Committee that presides over loan requests above $50,000.00. As the second loan request resulted in over $80,000.00 of assistance, this total would normally have been decided upon by the Candies Culinary and Hospitality Group Page 7 of 11 large Loan Committee. It is the City's recommendation that there be a formal policy established by BERC's Board of. Directors for repeat requests for funding. 2. It is further recommended that BERC's Board of Directors designate a representative to sit on BERC's Small Loan Committee. 3. While we recognize that small business entrepreneurs are essential to rebuilding our economy and creating jobs for our residents, BERC should establish a formal policy for the amount of assistance that can be provided to these start -ups in relation to the high risk involved in funding these ventures. It should be considered in concert with the financial .assistance provided by other local /regional /state development entities operating in Buffalo, and the potential role for addressing capital access for city and WfMBE businesses. 4. It was learned through conversations with BERC staff and a written communication that the business was being assisted by an unpaid consultant, and that later a dispute arose over payment. BERC has a SWOT Team which links a business with a panel of advisors recruited from the local community. Businesses can receive assistance in management, financials, business plans, merchandising, marketing, and human resources. Participating partners in the SWOT team include the Small Business Development Center, SCORE, Canisius College Women's Business Center, NYS Dept. of Labor, Workforce Investment Board (WIB), Citadel Broadcasting, and Black Capital Network. It is recommended that the SWOT Team be made available to assist start up businesses at their request in order to help sustain and ensure their long -term success. 5. The Borrower did not provide timely reports of jobs created. BERC staff should develop a revised policy for enforcement of timely reporting of jobs data. 6. We were informed by staff of site visits and facts learned during those visits. Unfortunately, there is only one instance of these facts being recorded in contemporaneous documents prepared upon completion of the site visits. The one report we found was lacking any useful information. We recommend that BERC develop a formal contact sheet or site visit report to be used to document findings and further, that this report be incorporated in the lending file. 7. Finally, a periodic review of high -risk loans should be added to the policies and procedures for the tending Department. This review should be used to determine further steps that could or should be taken to . assist the borrowers in preventing default. The targets for review should be determined by a risk analysis as the loan is awarded and be more frequent early in the life of the loan. As the business develops .and grows, monitoring could be reduced. These recommendations are made to assist the Buffalo Economic Renaissance Corporation in its use of Community Development Block Grant Candies Culinary and Hospitality Group Page 8 of 11 funds for economic development activities. We require that BERC review these findings and provide a response to the corrective actions recommended within 15 calendar days of the date of this report. Candies Culinary and Hospitality Group Page 9 of 11 i One Sunset BERG Loan & Grant Timellne 2007 Large Loan Denied April 25- Loan request for $120K denied by the Large Loan Committee meeting ($260K project). The underwriting cited the following weaknesses: personal credit history, no personal experience of Guarantor in business, high risk industry, etc. Original documentation called for funds from Councilmember. None were included in the final write -up. Matching Grant Applied and Declined • May 16- Owner Stokes applied for Delaware District Matching Sign and Storefront Improvement Program for awning and signage. Case presented.by Jeanine Baran, Neighborhood Commercial Specialist. Grant for $4,075 was approved. June 14 -Owner informed that he was approved for the $4,075 grant for total project costs of $8,150. June 25 — staff note that the ownerlapplicant declined the $4,075 grant. The receipt of these CDBG funds would require Davis -Bacon compliance and paint the entire project with these requirements. This was found to be not cost effective. Small Loan Approved • May 15- A proforma submitted for a revised total project cost of $139,000. This document was derived after the applicant worked with the Small Business Development Center at Buffalo State. The project budget also showed a $20,000 BERC grant as part of the source of funds. • June 15- Small Loan Committee addresses request for funding of $139,000 project. Underwriter indicated "do not recommend" for same reasons as above. Small Loan Committee approved the loan for $40,000. Reasons: reduction in project size, large equity injection by business owner of almost $80,000 (57.5% of Total Project Costs). June 18- loan committee approves loan. • June opening delayed due to dispute with landlord as to liability for leaking roof and damage to equipment and delay in obtaining liquor license. • September 13- $30,000 Small Business Matching Grant was approved by the Small Business Matching Investment Fund Review Committee • September 14- $30,000 grant disbursed for equipment purchases, approved by Small Business Matching Grant Committee on 9- 13 -07. December 12- $40,000 loan closed. The loan has not closed due to delays in opening the project. • December. 14— One Sunset opens for business. Candies Culinary and Hospitality Group Page 10 of 11 2008 January -- owner applies for,additlonal loan funds for operating capital; provides actual activity statement for the 3 weeks beginning December 14, 2007 showing a profit of $2,450. This was calculated to be an annual income of $42,466. Additional terms requested of owner — add bookkeeper and produce monthly compiled financial statements by CPA. Owner asserted he had hired a bookkeeper and' would hire Ron Brown, a local CPA. February 12- small loan committee approves loan for $40,000 with provisions for monthly compiled financial statements prepared by CPA. April 21 -staff ,begin contacting owner for financial statements. Notes show repeated conversations with accountant, Ken Schupp, who continuously promises to deliver monthly financial statements as required. it appears that the consultant to Leonard Stokes, Sam Reda, who was quoted in the Buffalo News article but not identified as having had a soured business relationship with him, was upset over not being paid for the work he performed. Initially this consultant had offered to assist Mr. Stokes at no cost. He later determined a need to get paid. We reviewed correspondence from Mr. Reda from around January 2008, where he indicates that his duties included creating a business plan, introduction to vendors and setting up vendor and supplier contacts, assisting in hiring staff, supervising day -to -day operations, etc. Mr. Reda indicated that he worked part-time in this capacity since May 2007 and full -time beginning December 11, 2007 until he was asked to turn in his keys January 22, 2008. :1 S :41 RV S- H "'111 kilo 1 Candies Culinary and Hospitality Group Page .11 of 11 00e� ill 9 i ,tt:�tAt. tt3tt NV 14-20-2-331 F. :7�ait: rnEc ,curfio�cit ; bufs`rle. =:�rri LF(AS1ATM, ASSBTANTS PALJI. AI.A(',NA BRAIAPY K. F IA;Y1,M C PP k TF .Tune 4, 2009 Divitta Alexander - Counsel Buffalo Economic Renaissance Corporation 920 City Hall Buffalo, New York 14202 Ms. Alexander: 04� -- 01AI R rY? rt l Ef5 1- (,lst_f +:ilc3 H gANCI Borx" 7 LoA 212 5 BURA According to the attached Buffalo News article, you have completed a report on your agencies involvement in the One Sunset matter. Please file a copy of you report on the agency and its involvement with One Sunset with the City Clerk as soon as possible with a courtesy copy provided to our offices. Thank you in advance for your anticipated cooperation in these matters. If you have any questions regarding this request, please contact me at 851 -5155. Sincerely REFERREE'D TO THE C'MMITTEE MICIIACL LoCURTO DAVID FRANCIYK WCHAM) FbNTAMN Chair of Community Developrne.n President of the Council Majority Leader CC: Andrew SanFilippo, Comptroller of Audit and Control Brian Reilly, Commissioner of Economic Development, Permit and Inspection Services k C- J) Working for Today - Planning for Tomorrow City official's role in One Sunset operations critici vd Irttp:// www. prirattliis .clickabiIity.comlpt/cpt` ?action -cpt &title= C:ityi of... Access Blocked -- Content Alert / j v The URL: http:/ / c5.ze..do..co.m /jsc1c5 /ff2.html? was blocked • ThP Hnlr vm i ArP ArrP-_cinn hac hi-on hlnrl,-Prl by the Rarrar3 irlA Mh-h l= iltrnr hPrAi icP it i Q PRINT r .i I_.1 i�, � aL . i"1�AI �t) '. '':� t Access Chck to Print Michelle M. ,Barron lielped Leonard Stokes. Undated: o6/03/09 og:09 AM SAVE THIS I EWIL I Close Access Blocked - Content Alert The URL: http:/ /jsc /c5 /ff2.html? 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 an error or need to access this link please contact your - -I. - - - "_i__ "' City official's role in One Sunset operations criticized By Brian Meyer NF WS STAFF REPORTI"R. An internal probe into a City I]all development agency's involvement with a failed restaurant raises serious I of 3 6/512009 12:58 I'M City official's role in One Surisetoperatious criticized http: l/ www. priri tihis.clickability.cotiVpt/cl)t? action =cpt &title (_:ity concerns about the actions of an agency executive, Michelle M. Barron, The Buffalo News has learned. While Mayor Byron W. Brown wouldn't comment on any aspect of the probe, lie stressed "Tuesday that he did not orchestrate efforts to steer public funds to One Sunset owner Leonard Stokes. The News asked Brown about rumblings that he had meetings with Stokes as the businessman was trying to build his restaurant. "Have 1 met with him? Absolutely. But 1 meet with literally hundreds of people every week," Brown said. As for suspicions that have been raised by some that the internal probe might be a tool used by the administration to try to protect Brown by serving up a scapegoat, the mayor reiterated that it would be "inappropriate" to comment on the probe until the city comptroller finishes an investigation. The mayor submitted the review to Comptroller Andrew A. SanFilippo, who is reviewing lending practices within the Buffalo Economic Renaissance Corp. Like Brown, Sanfilippo's office refused to divulge the contents of the report prepared by agency counsel Divitta Alexander, The officials said it would be premature to discuss the report until the comptroller issues his findings. But souu•ces confirmed that the probe is critical of some actions taken by Barron, the agency's vice president of neighborhood economic development, involving One Sunset. While they said the actions do not appear to violate tiny laws or even past internal policies at the agency, sources said the internal report raises questions about potential conflicts of interest and other concerns. A News investigation concluded that Barron helped run the restaurant, assisted in drafting what some considered a faulty business plan and helped One Sunset snare publicly funded loans after bankers on an agency committee rejected loan requests. The latter maneuver involved agency employees approving smaller loans and a grant whose amounts exempted the transactions from further banker scrutiny. One Sunset closed last December, and Stokes defaulted on $160,000 in city and county loans and grants. Brown informed the comptroller this week that the agency has initiated its "standard loan collection procedures" against Stokes. The News investigation found that Barron helped operate One Sunset, writing checks, dealing with a payroll company, interfacing with vendors demanding payments for past -dire bills and even helping to decorate the Gates Circle restaurant. The comptroller's review, led by chief auditor Darryl McPherson, will focus on the agency's lending policies and will include a review of some delinquent loans. When Sanpilippo announced his office's unprecedented review of an agency that generally operates with little City Nall oversight, he raised concerns that the controversy involving One Sunset "potentially could be just the tip of the iceberg." `I"ony Farina, the comptroller's spokesman, said SanFilippo "welcomes the opportunity" to review the Brown administration internal findings. But Farina said SanFilippo's probe will be "independent and not tied in any way" to the conclusions reached by the agency's review. On a related topic, Brown said the agency approved numerous policy changes at its May 20 meeting as part of a "comprehensive reform initiative" launched in January by city 13conornic Development Commissioner Brian Reilly. One action, said Brown, substantially strengthens the agency's code of ethics and conflict of interest policies. For example, one clause stipulates that employees or directors should avoid taking actions that could create even "apparent" conflicts between their agency duties and their private interests. "These reforms are important, because they strengthen and clarify policies at BIRC," Brown said Tuesday. Administration officials downplayed the possibility that Reilly's reform efforts were ramped up because concerns about transactions involving One Sunset were already beginning to surface early this year. Brown spokesman Peter K. Cutter said Reilly's initiative is part of a broader effort to improve a number of city development processes. 2 of 3 6 /5/2009 12:58 PM City official's role in One Sunset operations criticised http: l/ www. prititthis. cl ickability _coni/pt/cpt ?actioji = -cpt &title City t of... McPherson is hoping to complete the comptroller's investigation in July. Anyone who has information that could be relevant to the probe is encouraged to call the city's fraud hotline at 851 - 8770. SanF ilippo has publicly stated that his review might call for new layers of accountability in what some critics have long; branded "shadow governments." The Buffalo Economic Renaissance Corp., the Buffalo Urban Renewal Agency and the Buffalo Neighborhood Rcvitali7ation Corp. don't have the salve accountability requirements as city departments. "This office has felt all along; that we should have direct oversight over these development agencies' spending practices," Sanffilippo said last week after lie announced plans to review the Economic Renaissance Corp.'s lending policies. brneyer[rr}buf neivs.com Find this article at: http: / /vmw. buffalonews. comlhon e /storyi690980. html L 7 �i.fC t t Print Check the box to include the list of links referenced in the article. :i 2003 I3uffiFlu mews_ SAVE THIS I EMAIL THIS I Close 3 of-3 6/5/2009 12:58 1'M 000 0 Xhr NUCHAEL J. LOCURTL DELAWARE DISTRI(:'r COUNCIL Nik;1A81 65 iNIAGARA 5 {lUARF, 1405 C LY HALL BUFFALO, N" 14202 18 PHONE_ (716)851-51554 FAX (716)8_51-4553 E- rr�afl: nrlocsirt�3�ci #y- 6uffxaio,com LEGISLATIVE ASSI STANTS F'AUI.. ALAGNA 13RADLFY K. 4IAMM SAMUEL SANDVR.S May 29, 2009 Carla Kosi -nerl Deputy Commissioner of Neighborhood Development 920 City Hall luffalo, NY 14202 l:)ear Deputy Commissio4ier Kosmerl: CH AIR C0ti ,iUNHY DEVELOPMENT CorL4rb MEES LEGIS I ION FINANCF BULIGFT BOARDS BURR �] (10 f) 'x_ N -J As part of its review of the 2009-201.0 Annual Action Plan, the Common Council requested information, indicated in the attached correspondence, pertaining to the Buffalo Urban Renewal Agency (BURA), the Buffalo Economic Revitalization Corporation (I31-IRC), and the Bufralo Neighborhood Revitalization Corporation (BNRC). As part of that correspondence, a by - name listing of all employees, their job titles and salaries for officers, directors and employees for the last three years was requested. While a list of B RC employees was provided, no such list was submitted for BURR employees or BNRC employees. Please provide a by -name listing of all employees, their job titles and salaries for officers, directors and employees for the last three years for BURA and 13NRC and file same with the City Cleric no later than 2:00 PM on Thursday, June 4, 2009, with a courtesy copy provided to my office. Thank you in advance for your anticipated cooperation in these matters. If you have any clucstions regarding this request, please contact me at 851 -5155. Sincerely, Michael J. .oCurto Chair, Community I)cvelopnlent Committee hnc, CC,: Mayor Byron Brown Andrew SanFilippo, Comptroller Common Council Brian Reilly, Commissioner LDPI Working for Today - Planning for Tomorrow ,sf).e jNalft. lAo DU llllito 3i V % iiitLtL MICHAEL t. LaCURTO OFLAWARE DISTRICT COUNC11_ MEMBU 55 NIAGARA SQUARF, 1 405 CITY FALL BUFFALO, NY 14202 -3318 PHOP (7T 6) 851 -5155 # FAY: (710) 351.4553 -mail: rnlocurtoadty- buffaln.com LEGISLATIVE _ ASSISTANTS PAUL AEAGNA BRADLEY K. HAMM February 9, 2010 Ms Carla Kosmerl Deputy Commissioner of Neighborhood Development 920 City Hall Buffalo, NY 14202 Dear Ills, Konerl Subject: 2009 -2010 Annual Action Plan Recommendation 0 QAl'R COMMUNITY DLVELOPMENT LEGisjArION FINANCE BUDGET BOARDS RURA The Common Council is slated to review the Plan cited above and has scheduled a series of meetings to discuss the recommendation in greater detail. To assist with this review please provide the following information for the work session scheduled for Wednesday, February 11, 2009 at I Mpm in Room 9417 City Hall: For the Buffalo Urban Renewal Agency (BURR) the Buffalo Economic Revitalization Corporation (BERC) and the Buffalo Neighborhood Revitalization Corporation (BNRC): 9 A list of all outstanding loans to include borrower name, date loaned, amount owed and whether current or in arrears as of the last statement date 0 A list of all outstanding loans written off to include the borrower name, date loaned and amount written off. Also what collateral was furnished for the loan and whether the respective leader has made a claim for 1 taken possession of such collateral? o A list of all properties owned and a brief description thereof A copy of the Preliminary Federal Award letter(s) for all grants included as revenues and resources in the cited plan A by -name listing of all employees, their job titles and salaries for officers, directors and employees, for the last three (3) years 0 A by -name listing of all individuals to whore a cell phone, blackberry beeper and /car similar telecommunication equipment was issued, the service provider and monthly cast thereof, for the last twelve (12) months Working for Today — Planning for Tomorrow Reper's F;ndkr Reviews ccrduned by ary CaMed A AG CO P 1 - 3 f� d Accci.:nVn,c Fn -,!(5), CcnWuftart(s) ai7d/or any Federal 3r S�ata Agaf cy sad; a;3 bu not ji"nited zc the Unitad States Clepartmerl of Hcus rg &,id Urtan Der�ic r- pup A listling, of a' mid-y ,r tudg�t chn�7ges to the (curent) Anruej Acton P! C','7 fcf 200&00 (Yn4) Than k you in advanca for your ant icipp, d c, ic IT "'cu ha any questiens regandir this request, plea3e ccntact the under�ig - ied at So] -5 p " Sincere'iy MICHAEL J. OCURTO Chairman, Cor-nmunitj Dievelcpment Committee Common Counci! Member Delaware District 'I :1 bjo Request for ff� S3ir:l:�tlx'Jf whit coinfrlon Co !a7#;l1 2 y°d - a.�� - 1 0 Jel )td'C1'I S`-Llo)i ! L✓ ':S iA. I1 M3 G',i •ry PA_ WE C o ' -, rr ud the- r0ay = s PI i3po,5 m id A; In ui•il A cti oi Plan f zy i ?009 to ; cf°?rnmi e r i 'C'e mmun- ty e eIoni rant ' Committee "); and WHiERE"kS: Th.— Gorn "runny Develoorn it Coffinnit ee reviewed the ArIn al Action Plan through a series of formal and informal meetings attended by Common Council Member - -S, City staff and representatives of the Duffralo Urban Renewal Agency, and WHEREAS: On February g, 2009, pursuant to City Charter Section M7(o) which .grants to t1le Council the power to "investigate and inquire into afl matters of Concern to the, city and its inhabitants," the Chairman of the Community Development Committee formally requested Mat cartain information; be furnished by Neighborhood Devalopment, the Buffalo Urban Renewal Agency (BURA), the Buffalo Economic Revitalization Corporation (IBERC) and the Bufra?o Neighborhood Revitalization Corporation (BNRC) for the Committee work session scheduled for Wednesday, Februarj 11, 2009 at 1:00 pm in Room 1417 City Hall; and WHEREAS The information requested was as follows: 0 A list of all outstanding loans to include borrower name, date loaded, amount owed and whether the loans are current or in arrears as of the last statement dat ®, and o A list of all outstanding loans written off to include the borrower name, date loaned and amount loaned, paid and written off as well as a list of the collateral that was furnished for the loan and whether the respective lender has made a claim for/ taken possession of such collateral, and A list of all properties owned and a brief description thereof, and A copy of the Preliminary Federal Award fetters) for all grants included as revenues and resources in the cited plan, and � bin f�r°sm,0% I i In rte f .s1i ^TTM — rfiwr 4 ye r ..« d r � -.5� ....� b 4t -, r a ���/`-e f6aifld:r floititlt� lte Gf! 1f4'S;if ra, Wft G: di il11 +7 Gil MI Va ii�IM CJ5 e..,- 6..a7, dl l�.Fl �lila 1761'.+`+7 C §}SC,g i2 Cif�lli:%J 111t the last three (3) fiscal years, and 0 A by --name listing of all individuals to whom a cell phone, blackberry, beeper and /or similar ta,lecommunication equipment was issued, and for the last twelve (12) months the service provider and monthly cost thereof, and M A copy of any Audit Reports and /or Reviews conducted by a ny Certified Public Accounting Firm Consultant( and /or any Federal or Mate Agency such as but not limited to the United Mates Department of Housing and Urban Development (HUD); and HEREA S: Despite a formal roquest by the Chairman of the Community Development Committee, as well as numerous follovj --cep telephone calls and email messages by the CoMmittee's Chairman and the Council's Legislative Staff, the City Administration, Neighborhood Development, the Buffalo Urban Renewal Agency (DURA), the Buffalo f- Econonrlic Revitalization] Corporation (DERC) and the Buffalo Neighborhood Revitalization l J . 'ay.e fal4ed t su t w ,"t to zijis Common Councii a response to the f - a , " um s - -d ffJoralaflon reque's��Ied or W 3 do u. all ,. _ Isoj I . 'i I L 1 " �h-- reqllest-d informotion 6nni T"ne fafl of th's-sc ej abi etp rflire where funding shouk"I - 'ew PM;o Is G-7 and d l lit Of the Council �0 rzv , - I - I - I y � ;. � I The Council. to ensure the timely filing of ce allocated in the 2009-2 01 Ann �al Action Plan the of the 2009-2010 Annual Action Plan with the United States Department of Housing al id Urban Development (HUD) and s-3fegtjard the City's eligibilify to receive grant funding, adopted the Action Plan; and 101HEREAS: This failure, to respond to these reasonable requests is a disservice to the Annual Action Plan review process and is an embarrassment to the entities involved. It has deprived elected officials of their ability to monitor and wisely allocate the spending of Federal tax dollars by agencies which are often referred to as "shadow governments-" NOW, THEREFORE BE IT RESOLVED: That this Common Council does hereby reiterate the request of the Chairman of the Communib/ Development Committee, and directs the City Administration, Neighborhood Development, the Buffalo Urban Renevial Agency (BURA), the Buffalo Economic Revitalization Corporation (BERC) and the Buffalo Neighborhood Revitalization Corporation (BNRC), to furnish to this Common Council f ©r its r-eview, the information listed above, and BE IT FURTHER RESOLVED That this Common Council directs its legislative staff to send certified copies of this resolution to the Mayor, Neighborhood Development, the Buffalo Urban Renewal Agency (BURA), the Buffalo Economic Revitalization Corporation (BERG) and the Buffalo Neighborhood Revitalization Corporation (BNRC) and BE IT FINALLY RESOLVED; That if the, information requested above is not filed with the City Clerk within the next seven (7) calendar days, (which will be approximately 43 days from the date the original request for --es hereb also o o i 4 +No (nmrnnn Council rin Guchl Iriflu vvas LV,11WZ4VU CAu kllLt,"A F 1-L.;jk:�;Fj1 j Llt-t V— .1 direct the City's Department of Law to prepare a subpoena. to obtain the information cited herein pursuant to the powers granted to the members of this Common Council by City Charter Section 3-7(o) MICHAEL J. OCURTO Common Council Member, Delaware District Chairman, Common Council Committee an Community Development W 6 05/21/2009 09:37 OLMST D CONU MEDIA REL OA 0004.1 AUPAAlN B13ffab O7LMS7`1 D )A"C CAN49WWr,,r E NO. 156 For Immediate Release: May 0, 2009 For More Information Joy Testa Cinquino, Olmsred Pars Conservancy, 716 - $39 - 1249 ext. 17, fttaftuffaloolmstedparkg.org Andy Major, Buffalo Bills, Inc., 71 312 -8624, andy.maior0b&_nfl.net Michael K Clarke, LISC, 716 -$53- 136, mclarkef?lisc.or9 NFL/LTSC GRA5 SROOTS PROGRAM AND BUFFALO BILLS GRANT $50,000 FOR FIELD UPGRADE AT RIVERSIDE PARK Award iss part 1 $23 $2.5 mill in new grants to athletiv fields nationwide C7 (May 20, 2009) - The Buffalo Olm ted Parks Conservancy will receiv€ a $50,0011 grant from the Buffalo Bills as part of the National Football Uagbe Grassroots Program. The grant was announced today during a media event at Riverside Perk with members of tire Buffalo Bills, Buffalo Jilts and youth football players. The grant awarded by the Buffalo Bills, the NFL Youth Football Fund and Local lydtifltives Support Corporation (Ll , is part of $2.5�million in field refurbishment awards allocated nationally this year. It will be used to upgrade Buffalo's popular riverside Park playing field with an updated irrigation system, new bleachers and tenches made 6mr recycled plastic. "Tire enhancement of the Riversidie football field is an important project for this community. The athletic leagues that use the field are enthusiastic supporters of the park and the neighborhood. It is where most of them live, and many children will heneift for years to come from this strategic investment from the Buffalo Bills and IN T's Grassroots initiative," said �fichael K_ Clarke, executive director, Buffalo LLqC. „ The Conservancy is very pleased; wits this $50,000 grant from the Bills and NFL's Grassroots initiative_ Riverside Park is a center of activity for many young people playing football, swimming, every ice skating. All of these programs provide thousa ds of neighborhood children with safe and h activities, o ne of the things that makes our Olmsted Pa. ks and the community so great," said Thomas Herrera- Mishler, president and CEO of the Buffalo Olmsted arks Conservancy. For more than 100 years, Riverside Park has provided the neighboring community with green space and a beautiful overlook to the Niagara fiver. The football field is used for practices and games in the warm months by the Black Rock Riverside Little Wpe Football and Cheerleaders organization and as a practice field for Riverside High School's Harvard 1 up- winning foo tball teams. The NFL Grassroots Grogram, a phrtnership between the NFL Youth Football Fund and UK, the nation's leading, community development upprsrt corporation, has resulted in the construction or renovation of 170 football fields nationwide in the p st decade. In the last 1.1 years, the lNr'L Youth Football Fund has granted over $25 million to revitalize playing fiUlds in underserved neighborhoods_ Fields are newly built or significantly renovated, with improvements such as irrigation systems, lights, bleachers, scoreboards, goal posts and turf. Grassroots grants are issued once -established funding thresholds are reached for each project_ Pol 05/21/2009 09:37 OLMSTED CONY NO.136 P02 4 . Par Z, Cmihnsred, LISC identifies local, nonprofit, neiIghborhood -based agencies which have an interest in building or refurbishing football fields in schools and parks � in underserwred neighborhoo&. Tltxough the program, the local agencies are provided with the necessary finanLng and technical assistance to improve the quality and safety of fields in their neighborhoods. The local age oversee the construction, maintenance and programming of the fields. "At LISC, we are focused on helpi g distressed communities become good places to lure, work, do business and raise families," said Michael Rub' E ger, LNC president and CEO, "We call it Building Srlsfain&& Commwjities, and developing sound recreationa opportunities is a key piece of our work. The NFL has been a committed partner in helping umalte that hap ." Established in 1999 by the Nl~L,. anal the NFL Players Assc"akion, the N Youth Football fund seeks to use football as a catalyst to promote pi I sitive youth development, support youth and high school football needs nationwide and also ensure the he Oth of grassroots football in future generations. Through the YFM youth football initiatives and support pr grams, youngsters are provided with opportunities to learn the game of football, get physically fit and stay, involved in productive after - school activities with adult mentors. About USC QSC combines corporate, govern corporations revitalize distressed rehab more than 244,000 affordah educational space nation Ll more information, visit w The Buffalo Olmsted Parks !Con: preserves, rest enhances, at in the Greater Buffalo area now Century, a blueprint for the man of historic Places, the Olmsted greatest landscape architect. Riw information., visit www.buffaloo ant and philanthropic re ources to help nonprofit community development - ighborhoods. Since 1980, LISC has raised more than $9 billion to build or homes and develop 36 m.ilbon square feet of retail, community and support has leveraged nearly $28 billion in total development activity. For vancy is a not-for-profit, independent, community organization that promotes, ensures maintenance of Frederick Luw+ Obnsted- designed parks 4nd parkways d for future generations. The Conservancy recently released itq Plant for the 210 .ment and restoration of the entire park system. Listed on the National Register lstem in Buffalo is the first of its kind in the nation designed by America's side Park is the location of July 17, 20(R Frederick Law Olmsted Gala. For more r HUED 00V4` May 27, 2009 G /J4 rz_�,� Y� The Corm -non Council fi _� Buffalo City Hall Buffalo, NY 14202 1'o whom it may concern, My name is Stephen C. Radominski. Sr. I am 71 years ol'age. I reside at 133 Weimar St., Buffalo NY 14206, with my wife Virginia who is 6 years of age. We have resided at this address l'or 43 years. Both I and my wife have health problems. This letter is to put the City of Buffalo on notice that we REFUSE to pay the water bill dated May 1, 2009 in the amount of 144.32. This bill is supposedl billed at the Senior Citizen Rate. We further wish to notify the City that if our water is turned off, we will retain counsel to take action against the City due to our health condition. For the _past three (3) years Councilman Fontana was aware that we did not have a water meter installed at our property. The reasons given for non- installation are that the meter could not be installed because our Douse has a crawl space rather than a cellar. Mr Gregory fleeb from Councilman Fontana's office had called on our behalf and suggested that I might install the meter myself. I agreed and hired a plumber to do the work. When he went to pick up the meter, he was told that the water authority had to connect the meter and it could not be done privately. In the neighborhood in which I live there are a, large number of Senior citizens who are in the same situation. In speaking with other residents in this area who have meters installed, I learned that their bills in some cases are less than half what my bill is. I IM that I am being segregated against and request that the Council take action to correct this inequity. If something is not done to correct this matter, I will have no choice but to retain counsel to possibly begin a class action lawsuit against the city. ry ruly yours, t' eplien C. Radominski, Sr Cc: Richard Fontana Buffalo News REFERRED TO THE COMMITTEE ON FUMCE AND THE COMMISSIONER OF PUBLIC WORKS .J_� '.� r SERVICE Ar: 133 WEIMAR ACr1. 17502100 Buffalo Water Board 281 Exchange Street Buffalo, NY 14204 PLEA N T€ TERMS: Paykle. by di Ie data, Penalty €barge of 1.5 %n added monthly to overdue bafances. Ice €ten dress: OnnSION OF WATER F0 BOX 18 8t3FFAL0, 14Y 14240.0018 BILI, ING 1E 1 I ! I ! 11 tt1 t1 I] l ADDRESS �rrf11��E�Ir� r��irr�rl�rECE�Ifrl� lEr�1e11�1E�1e11ifI��AEI�IC1 STEPHEN RAUOMINSKI 1669 133 WEIMAR BUFFALO, NY 14206 -3540 [#ILLIRIG Dq rI : _ BILLING PERIOD 0510112009 MAY 2009 -AUG 2009 CHANCES WATER SEWER CURRENT i v_c C)O.7 7 PAST DUE 0 - 0 - 9 - 0. aM ISC.* 6.00 10.86 INTEREST 2.48 4.20 CREDITS 0,00 0,0 144.32 Make checks payable to; The Division of Water. 5 01750210050900000000000014432 PLEA6C DETACH AT PERFORArivN ANL) RETORN ACOVE PORTION WITH REMiTTAJVCE IN ENVELOPE pROVIDE FLAT SERVICE AT: 133 WEIMAR Senior Citizen Efate DUE DATE. 06/0112009 STORIES HIGH 1 70.87 AND FEET FRONT 20 18.88 21.65 BATH TUBS 1 4.74 5.45 PRIVATE TOILETS 1 9.42 10.86 AUTOS - GARAGE WITHOUT WATER 1 9.34 10.81 LOT FRONT. HOSE CONN. - BLOCK 60 28.49 DRAINAGE CONNECTION SERVICE CHARGE $6,00 PER MONTH . RET_ CK. FEE* 18.00 CURRENT 70.87 66.77 PAST CLUE 0 .00 0.00 SPL. CHGS.* 0.00 COLL. FEE* 0.60 COLL. CO MM,* 0.00 0.00 RET_ CK. FEE* 0.00 INTEREST 2.48 4.20 CREDITS 0.00 0,60 " 144.32 TOTAL PD. SINCE LAST BILL $180.68 66.77 IMPORTANT INFORMATION PAYABLE BY € UE DATE WHEN PAYING BILL IN PERSON, PLEASE BRING ENTIRE BILL UNPAID WATER BILLS ARC A LIEN ON THE PROPERTY. NONPAYMENT OF BILL MAY RESULT IN THE SHUT OFF OF r wAlt Payments may now be made at area Western Union agent - locations. When making your payments at Western Union agent - locations, you must present your bill. For a detailed list of Western Union agent - locations, please visit our wets site at www.buffalowaterauthori!y.com for balances or to pay by credit/debit card, visit our web site at www.cit - buffalo.com. 0004 May 20' 2009 I lonorable Mayor Byron Brown 65 Niagara Square, Room 201 Buffalo, NY 14202 Hon. Mayor Brown Grassroots - �7n _ ,''�� �` - Gardens o ic / / F 1 jj /[`1q1/ y) /at / B / ff Flo i_.w if ��..� , LE " ,f Jl�j Ld/ / 0 44 Allow me to first express my gratitude for your office's recent approval orsome of out- outstanding lease requests. Your cooperation ensures our continued ability to provide our city's enthusiastic community gardeners the opportunity to build a better duality of life through the reuse and beautification of vacant land. I_Tnfortunately, the recent process for getting these leases approved was anything but timely. In fact, 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 Kosmerl, John Hannon, Demons Smith and Peter Savage. As you can imagine, this consumed an. unordinary amount of time and effort better spent serving our community members. Obviously, the necessary steps to add new lots to our ]case has changed in the nearly 20 years since out first. commrulity garden was started. In the interest of our organiation 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 srtbmit and obtain new lease approvals. There are 1 4,000 vacant properties in Buffalo, and we plan oil 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 snake the most of the tens of thousands of do) lat s we procure from donations ar understanding of lease process, which will mutually I. urge you to help us develop a cle benefit our organization, your office and the coulrnruiity we all serve. Our organization and its funders 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 ftec to call • orn staff member, Zoe .Lavatell i, at 85 1 -4647. On behalf of the Board of Directors, thank you for your consideration to this matter. Sincerely, r�� THE- C .QOM I t E N o Daniel G. Wangelin ° Secretary, Board of .Directors Grassroots Gardens of Buffalo J. cc: 13. Reilly, G. Chwalinski, D. Rivera, B. Davis, D. Smith, B. Russel, J. Golombek, R. Fontana, M. LoCurto, D. Franczyck, MXcarns e� 0004 To the members of the Common Council. The newly formed Metro Housing Protection Agency is pleased to submit herewith, our letter of interest to participate in providing police services for the Buffalo Municipal Housing Authority. Our Agency members have collaborated to produce a preliminary plan that we believe will energize the members of the council, strengthen the community, and produce long- term benefits for the entire City of Buffalo. Our Agency has assembled a team of law. enforcement and business professionals with a proven track record in this region that has the ability to transform our plan into reality. Our team is comprised of members who have worked together on numerous successful projects. They have been assembled for this project because of the enormous trust and confidence they have in one another. You can be assured that the lead partners in our group will manage the project closely and carefully, and accountability for results will never be delegated. At this time, we would like to request a meeting with the members of the Common Council as soon as possible to present our proposal outlining our plan for providing police services. At this meeting, we will have approximately 15 of our officers in attendance. Thank you for your time and consideration. Respectfully, James J. Ward REFrRRF0 n y Deputy Chief - Business Administrative Officeo,-, 716 -- 868 -6217 """OEVCL "l � 6 G� PETITIONS June 9, 2009 A n 0 R P' L. Davis, Owner, Use 637 Fourth St. to Convert One Story Masonry to Bicycle Shop, Outdoor Toy Sales & Hot Dog Cart on ROW (Ell)(hrg 6/16) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS e� GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics OFFICE OF THE C ITY CLERK 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: Jp to be held in the Council Chamber, 13th Floor, City Hall On: & cfZ) AT 2:00 I'M I any also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitio r, I. w' in'orm said owner, petitioner or his/her agent of the above. ./ 7 1 f S gt or Owner) r� Print Nam /di3 1'l�ane # m`/` t / 5 ATTINTION: PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER 851 -5086 FOR PLANNING BOARD MEETING, r i of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4049 Fax (716)851 -5472 Report rate 0610112009 10:11 A A/P # 139810 Stages . -- - - - -- -- Date / Time Processed 06101/200910:04 Issued € Final USE Building Application -) - 0 - - ... ..... ... ... .. - Submitted By FLD Page 1 By DIGEF Temp COO COO Expires Date / Time By .Valuation-- .... ..... -- Declared Valuation 0A0 Calculated Valuation 0.00 Actual Valuation 0.00 Type of Work # Plans 0 Dept of Commerce # Pages 0 Priority Auto Reviews Bill Group FLAT Square Footage 0.00 Name <' "ZBA APPROVAL REQUIRED(511 -28) FOR PERMITTED USES IN Cl — AND RESTRICTED USE (511 -55) IN THE PORTER -BUSTI SPECIAL ZONING DISTRICT. PUBLIC HEARING/FEE REQUIRED. CONVERT THE USE OF A 1 STORY MASONRY ICE CREAM SHOP TO BICYCLE RENTAL, OUTDOOR TOY SALES AND HOT DOG CART ON R.O.W. ParentA/P # Project # Project/Phase Name Phase # Size /Area Size Description Address 637 FOURTH BUFFALO NY 14201 - Location Contact ID AC1210661 Name RENAISSANCE CORPORATION BUFFALO ECONOMIC Mailing Address CIO CITY HALL Organization City 65 NIAGARA SO ROOM 920 State /Province BUFFALO NY ZIP /PC 14202 Country Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 i Contact ID AC961028 Name RENAISSANCE CORPORATION BUFFALO ECONOMIC Mailing Address 617 MAIN ST Organization City BUFFALO StatelProvince NY ZIPIPC 14203 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/28/2002 To 05106/2007 Contact ID AC323213 Name LINDA DAMS Mailing Address PO BOX 598 Organization City BUFFALO StatelProvince NY ZIP /PC 14205 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/31/2009 Ta ❑ Foreign LJ Foreign (_ ] Foreign Check Open Cases APPLICATION FEE FLAT FEES PERMIT FEE ZONING BOARD FEE There are no Inspections for this Report 0 U 25.00 U 17.50 U 75.00 Total Unpaid 117,50 Total Paid 0.00 460877 CC APP 0 N 460880 ENG INS 0 N 460855 OLMSTEAD 0 Y 06/01/2009 09:42 [ ]Special events HOT DOG CART TO BE MOVED INDOORS NIGHTLY 460878 ZONVARt 0 N Detail 1. PRIOR REQUIRED APPROVALS Modified By DIGEF Modified Oate/Time 06/01/2009 09:41 Comments No Comments PRIOR APPROVALS Bflo Arts Commission f (.] Arts Comm. Approval City Survey (can't) [) Subdivisions Permit Office - -) Asbestos 5nrvay ( -) Asbestos Abatement [ ]Special events [__] BandlCortified check [.) Assessment Combination Common Council [_,] First Insurances Check City E y g g � _) Admin OfflcelApis R4 [ ]Public Works approval (..) Curb Cuts (.._) Beauty Parlor R2 (� Notarized Permission) for portable sign p one year I)C) Encroachment () Canopy /Marquee ROW Lease showing Use [_) Rodent/vermin Bait encroachment [ ] Oversize Trucking [ .] Freestanding Sign) [ SewerlWater Cut Sewer Retention , [) Plumbers' Cuts (..] Human Service Facility _) [..] Simple Demolition ❑ Telecommunication () Street Cuts U Portable Sign in ROW (.] Simple Plan Approval [_] Restricted Use Permit [_] ZoninglUse Check ()Tree over 4" at 4' City Planning (_) Other (.)Thruway Sign approval () Citywide Site Plan Preservation Board [.] Subdivisions Environmental Review (....� Preservation District (_..I Zoning Variance [) Urban Renewal S.E.Q.R.A. [_] N.E.P.A. [. ]Contiguous Check City Survey (_) Address Permit Law Office Water Department [..) Development ( „) Insurances Check [.] New Water Supply [.) Flood Plain (_) Title Held [.] Water Retention CITY OF BUFFALO r ONOMI DE . I VIK NEW O F E-C �I'�s�/"�iA� ii #r r� yr r-•�'. Byrort W. B rown, Mug/°. r Richard M. Tobey Cammissklicr pERMIT i� INSPECTION 5ERVICES �J l NQTICE OF APPEAL (To be filed ill duplicate with The Commisuoaer of the l forthwith Department of Permit and Inspefioii sgvim. who wil ft record trmmit to the Board of Appeal: l ecrostituti�g in the or. i� lieu thrtrof, of rime.) fto Concernia8 the Application dated r 2If, For Building And use At Prami;' s •� `� . om Servicos Whkh w by the. C s OM of Permit and p o v 1 The reason for Appeal . From the denial_ 2� C =t ' is t nft section pamgmph ---- --W- -- �S'S from said denial br:gmt is hmeby given within the - 'ThiS notice of an Appeal _the data of ft decision of the twenty days or dime days. MP�'�Y• as Mln� Comndseimm of Parfait Inspection Services. ' all of ttu officul formS'of appeal wiih.the i will forthwith Sle in duplicate � �p ie aid t Mcial larm�s far rcquir�cci data t� and here -with request said �f y Siggialme of Apgmllaat • . - Address l �8 L..�i� �! Hated - UPIS 5/02 BDPIS 7/06 C %)F :BUFFALtJ T1�?QA Ql►TT �� P ER 'a< WMI 1!! 3 i7!!T\T7R.f7TAtt rt wr ..� E�.n R". .�.�sux' a Call x 11 � xirl SERIVICEE Byrou W. Brown. M&W Richard M. Toba, Co*mfntaaer Data Red ` _,20 _�19_ Appeal from the Decision of the Department of Pert and Inspection Services To are Board af Appn& An appeal id hereby taken f m the decision of the Commissioner of Permit and Inspection Services 20 eE a copy of which is attached, far the puqx= of marminag ar modifying said decision to abect a variation from the imphumts of the Zoning Ordinsum so as to pmmit the: Eractian, Extension. Altered , onva:ai s with the application and plans Sled with the Conm nissioner of ducribe t <-�5 � i , mccmds and Inspection Services, as herein below No. •� AydJMMNQ ti t Wert side of said Ar Distance. NMWouthMut1Wast of NanceofAppellsat NuM of Owner // Address 0 Size Of Lot 6=1 x if" see Front y wd to be tt. Aida yard to be . Deot i of . Rear yard m be ---fL wM of Side Va rd to be R, S CtHARAC. TM AND USE MCISTING ALT" NQ PROPOSED BUDDING Size of Building . & froa t x fLdap ft. fr+n®t x & deep Height. & stoles !t. stories Chraracter of C nstruction Frame Blow Binning Br' BricX etc. F' Frame Slow Bunning Brick. etc. f Are there any private restrictions as to uses and yards, s edacks or building lines on this property? (if so attach. Copy) Zoned as f Has there been any psevim appeal to this Board for.*= preanises? If so, *ben , and farthw, if so, is t ae raw any new cvi&m to Be submitted which cmM not be p uented at Me pviocns bring? Attached hmW and ausie a pact of this apped. at submitted aU papas as requ#aed. STATE OF NM YORK COUNTY OF Em ss. Cm OP BUFFALO. / Ile3 f�lS' 6atrsr sad tfrsttlreftax weed eff g aiam ammts mdkm w &a aW mmu s ffWf ■rs rAW AvAlft sag acre to Gest of fi &D$nx"ft W4( 3ubsolm and �am to 49M ass tnrs of ! L= (N Public) (Coniid- ioacr of Deeds) (Aamcllant sisr here) $17.20 Appendix C Z is En III Our —..1 Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only 'ART I - PROJECT INFORMATION To be cam fetes W R 3pucant or rrw 1. APPLICANTISPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: Municlpality County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, eta orprovide map) j5 7 5. IS: [;thew L_l Expansion 6. DESCRIBE PROJECT BRIEFLY: c o — , 7--� Modiflcatlontalteration A ~y!> % a 44FS 7. AMOUNT OF I AyD AFFECTED: •` acres initially .r acres Uldmately B. WILL PROPOSED ACTION C Y WTH EXISTING3 ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes No If No, describs briefly S. WHAT IS PRESENT LAND USE IN VICINITY OF R riculture park/Forest/Open 3#iasxi other Residential [21 Industrial Corn 'al Ap Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY . (FEDERAL, STATE OR A 0 . ❑ Yea Na If Yes, list agency(s) name and permlttapprmals: 11. DOES ANY ASPECT OF ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes No if Yes, list agency(s) name and permitlapPrmis: r ' 12. AS A RESULT OF PR P SED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? Yes Na I C �TIFY THAT THE IN � I PR � OM ED AI9OVi= IS TRUE TO THE BEST OF MY KNOWLEDGE AnnUrantlsnonsorr= � 40 ���f•�' Date: Signature: Coe actio Assessment Foim jorq pfoceedln n w h thisnaas'sessmentt the OVER � ry� � PROPERTY: Survey: Complete Summary Appraisal Report (August 2401) 637 Fourth Street City of Buffalo, New York, tIU fU.t. pwu7m WrHOW n¢ DD14" 7w • a,.OFT..7S}btCf yr T7a: 4a o AJOACT TO AWV XTArc a FACT NAT MW K w�� fT -A— fug. Pilo Po RT c— u. .� V 1LX)+KQr oR l C5 E ;S AL SITUAT>w IN GiT aw E%21E' Ccau ITY N>ww Yot2 t� 1... Valk 147. W6w.r "'W S —Wr-r. U.1 lN. 470 a, . P -M�Ncw l'At7t.C7 CJ f. 3. E.. — 5oL%vHwcar Lin OF jbt. -actt I i •�i AAY 4 SONNENBERQER .,n,T.a auwv'tvoa 0.Y Ul••A60. lLY.l�i ,,ALX r it it ' * A-m • MARCH 13,199 •.liter 4OG40 ..o. 9Q -162 . 01.7.w..a.aHiq MM.Mr� N f..I1r• 770., P.Y. ■ of IM /N ...M {I.7• C/.C.OW. 4r • EXHMff- I h'7 rt. CMiC7Yn " but .(_.8`r N•e. )I A,0t7.a6 005 15.w. 1 4lJS f �� Z ' � P40 eF l9 sau.YrrnK s�r.(� 1) F NAeiL to S.aQSrc,! N o 1•ro>zruwesrLkx �' b4oG►C l (4 i � t` E9 ILI �n L`JUILUlk1G CAN L.1N 'f.'" [� p 1 w 7 3 < 3 a 0 r j u o a il Q � 1�f 0 u � j O A 1 V 1LX)+KQr oR l C5 E ;S AL SITUAT>w IN GiT aw E%21E' Ccau ITY N>ww Yot2 t� 1... Valk 147. W6w.r "'W S —Wr-r. U.1 lN. 470 a, . P -M�Ncw l'At7t.C7 CJ f. 3. E.. — 5oL%vHwcar Lin OF jbt. -actt I i •�i AAY 4 SONNENBERQER .,n,T.a auwv'tvoa 0.Y Ul••A60. lLY.l�i ,,ALX r it it ' * A-m • MARCH 13,199 •.liter 4OG40 ..o. 9Q -162 . 01.7.w..a.aHiq MM.Mr� N f..I1r• 770., P.Y. ■ of IM /N ...M {I.7• C/.C.OW. 4r • EXHMff- I h'7 000e B. 13ernatovicz, Agent, Use 470 Smith Place a Ground Sign (Fill)(no pub hrg) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD f'- NAME OF AG . T /nwT.TVD ADDRESS DD n rv� THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD, MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (951 -5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. City of Ruffafo 65 Niagara Square Buffalo, NY 14202 (71E)851 -4945 Fax(716)851 -5472 Report Date 06/04/2009 12:31 PM SIGNS Building Application Submitted By JAMES CA Page 1 AlP # 140048 Date I Time Processed 061041200912-25 Issued Final By CARRJ Temp COO COO Expires Date 1 Time By Associated tnformax[on. ... ..__.......... Valuation -------------- ------- _..__ -------- .._.._ Type of Work # Plans 3 Declared Valuation 11600.00 Dept of commerce # Pages 4 Calculated Valuation 0.00 Priority Auto Reviews Bill Group Actual Valuation 0.00 Squar Footage 0.00 Name - - - - -- *INFORMAL PLANS FILED"* "PLACE A GROUND SIGN, 118" X 63" WIDE, OVERALL HT IS 154 ", NON - ILLUMINATED, TO READ "LARKIN DISTRICT"' AND MORE; COMMON COUNCIL APPROVAL REQUIRED FOR FREE STANDING SIGN, 387 -19, FILLMORE DISTRICT, DAVID A. FRANZZYK, COUNCILMAN, NO PUBLI HEARING REQUIR NO FEE REQUIRED Parent AIP # Project # Project/Phase Name Phase # Size/Area Size Description Address 470 SMITH BUFFALO NY 14210- Location Contact 10 AC326447 Name LLC MILL RACE COMMONS Mailing Address 726 EXCHANGE ST STE 412 Organization MILL RACE COMMONS LLC City BUFFALO StatelProvince NY ZIPIPC 14210 Country USA Day Phone (716)362 -2677 x109 Evening Phone Fax Mobile # No Addresses are linked to this Application ❑ Foreign No Addresses are linked to this Application 1222700005018300 No Parcels are linked to this Application City of'3uffalo 65 Niagara Square Buffalo, NY 14202 (715)851'4949 Fax (716)851 -5472 Report Cate 06104/2009 12:31 PM (_] Work Done by Owner NO. TYPE OF SIGN 0 Pole Sign 1 Ground Sign 0 Wall Sign 0 Awning Sign 0 Advertising Sign 0 Projecting Sign 0 Roof Sign Zoning District: FLAT FEES SIZE(S) 118 "X63" M1 No Employee Entries SIGNS Building Application Submitted By JAMES CARR E) Zoning Board of Appeals (,] Work Without Permit (FINE) TOTAL SQ.FT. HEIGHT 0 0.0 = 51 12.8 .. q = 0 0 0 = 0 � �1a Page 3 No Log Entries I I EXCHANGE STREET all- L4 70 z CARROLL STREET fuxto .x�aw, � \ � 1 Yfi ��: L= .......... EXCHANGE STREET "WHENCE J. I'M, jrde s Sided Sid_ 2 USE: (4)112' Dia. Kwik Bolts wl 1" Baseplate. Weld Tubes to i Plate with Full Penehal;ori Welds Minimum Edge Distance • 4', Embedment Depth S 112'. rr — 1 nrdsanwy wedge stud indiTo ga # slecl with stainless stc'c1':easl cr - - Sop View Side, 1 iiFlcid,asle[:9/1101301) 69, P €avide Aluminum Cover Plate to Completely Cover Ball and Baseplate Configuration. Aturniar[m exltusion Suppol Posts (.125 Wall) T� f,, t f'aR£l Assembly Iace tRckgmund color K-202, Ttrrntnlfa (SP) ¢ r l l r 4 1TIi 4i �� r �� �� � � [lack cola€ 'df'S 50 ?3 Satin At��n91innns (SP) a is � J t� I ,.q UIN' I) E � I� S #ladns: color Clcar kcceptive l paint ,d MIS SSG5, Greco 5194 31`/15 `h1 {17l�pu'#rl[t' \�'r(Yt[lrier ( ) Ili 1�V7lft'rl''E,Y''nvYlSlfiY 1113} Typrt €Ylz ttvlrger 65 Bold � Copy crAor 3!,1230 -2i1 hjatte Ydhite (Sl }v) 12 , f 1 " & }' Ak N'S7inllm extrusiao f �, .. _..._.... _._ _.. : 1 THE HYt>RAULI<" TylrezE�ie fruligzs bS Hold i THE Hl'Ufi1LULICS IS [ll t4 -J I!, � trc "a�l:gc.nAa cn.i•il:�, iae. [xterinr rat. =.d Digila# Pdril (lack cnlpr WS 5013 Satin Ahiminima (SP} 1 t1q� 1 ArAMI A i'1 IITAG-AREA nlvlFnl [.n�+nE2`�in rATil:rt E fmh 65 fold 91�91r Cn(ry color N 720-30 RioFte l4hile (SITv) Panel Assenahly face hatkgrnund color 5[ )bl, Teuxona (SP) 13,A M10r WS 5013 5,Itin Alornfnum (SP} 14' 4R' Side 1 . ;PTO PSI (Isncrtte 'F-y 1s/3ofZ Side 3 S#& 3 Side 4 e 19",7 A nmd, 1714 <h Larkin at Exchange, Dislricl Sign a6I ,-, b ModuIex, , u—'I st�A. on ts[�u C,liar,l: CityYic -sv �t6gerfres i 36- 774.3111291 "€ Nthrfedura€ Signagc So #utions 71',.779.5329 €ex "I.pI L)1 04.30 AI Vcais:l: 05.18.2009 v Eu ,}r:�r q�rslndlala�,'ni�iadulex.a.m r0 g� .;:a+.nu�n+rtula� tarn Sr,lsy }" i'ikduo o'k: custom Exierim Main 10 Sheel 4 of 9 Pay careful allenl on la a'i text doxec v (h { ghtgrey shaded 6ac'sgtounds Thesatezt6ozes avim nla inert iniormatian, ME A03- 512112 Q9 The ehComk x� apyeaing nn shrdcamantrras auihorzed hj Sean Ai gCFa4ard, FEun llzy 22, 2�3. . 2009 1 iega! Nafm d �vtt 00C) 47 S. Shafie, Agent, Use 402 Clinton for a Ground Sign (Ell)(no pub hrg) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS I / 1 /t 3 . o A-1 1 NAME O AGEN WNER - � ` � __ ADDRESS PROJECT THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT. PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851-5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. P a� (-\ Ck C 6 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 06/02/2009 10:47 AM AIP # 139824 Date I Time Processed 061011200911:12 Issued Final Submitted By JAMES CARR By CARRJ Temp COO COO Expires SIGNS Building Application � rl Page 1 Date 1 Time By Valuation _T Type of Work # Plans 0 Declared Valuation 3000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name mwint iamof.W - urk... . ..... --- - --- - _._- „ "ZBA APPROVAL REQUIRED - 511- 12K2` " "TO PERMIT THE PLACEMENT OF AGROUND SIGN, 65" X 96 ", WITH A 30" BASE:, TOTAL HEIGHT ILLUMINATED, TO READ " FRIENDSHIP MISSIONARY" AND MORE WITH 6 SPACES FOR CHANGEABLE LETTERS BELOW.INFO IN OLE' ":'CC APPi CJVAt r Parent AIP # Project # Project/Phase Name Size /Area Size Description Address 402 CLINTON BUFFALO NY 14204- Location Contact 10 AC282599 Name BAPTIST CHURCH Mailing Address 402 CLINTON ST Organization City BUFFALO State/Province NY ZIPIPC 14204 Country USA Day Phone Evening Phone Fax Mobile # Contact ID AC220615 Name FRIENDSHIP MISSIONARY Mailing Address 402 CLINTON ST Organization City BUFFALO StatelProvince NY ZIPIPC . 14204 Country USA Day Phone Evening Phone Fax Mobile # No Addresses are linked to this Application No Addresses are linked to this Application 1111400002004000 Phase # n Foreign n Foreign No Parcels are linked to this Application City of Buffalo 6) Niagard,Square Buffalo, NY 14202 (716)861 -4949 Fax(716)851 -5472 Report. data 06/02/2009 10:47 AM 460943 SIMPLAN 0 N 460942 ZONVARI 0 N No Conditions Submitted By JAMES CARR ❑ Work Done by Owner M Zoning Board of Appeals FLAT FEES U Work Without Permit (FINE) NO. TYPE OF SIGN SIZE(S) 0 Pole Sign 1 Ground Sign 65X96" 0 Wall Sign 0 Awning Sign 0 Advertising Sign 0 Projecting Sign 0 Roof Sign Zoning District; R2 No Employee Entries SIGNS Building Application 06/01/2009 10:06 TOTAL SQ.FT. HEIGHT 0 0.0 = 43 8.0 = 0 = 0 0 0 0 No Log Entries ti:+ f ��o E � F J ,EGk QF 71 P R If� g� i � Z 3 ' Q lin OL1 CGC'�- r ti fa o, New York y +s r Will ki 1.- 9 11 . , r �"i^ 1 = T '° t' r^ nj S O L� C C ,,zn Z MRS l � Z 11', J • '-r f F 1i � f I J f �,y� pf �y111{ JS��.yl Y�e 111 C J 'k P R If� g� i � Z 3 ' Q lin OL1 CGC'�- r ti fa o, New York y +s r Will ki 1.- 9 11 . , r �"i^ 1 = T '° t' r^ nj O L� C C ,,zn P R If� g� i � Z 3 ' Q lin OL1 CGC'�- r ti fa o, New York y +s r Will ki 1.- 9 11 . , r �"i^ 1 = T '° t' r^ nj O C C ,,zn 4`x8' changeable copy sign with custom round top with cut out illuminated letters, clear Texan door with locks. Aluminum skirt is 30 "x6.5' - s> £-' 5 , PROOF 5/29/09 1 CUSTOMER; FRIENDSHIP MISSIONARY DATE: 3147 DELAWARE AVE. DUE 716 24 0-9740 DATE: U ` Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) 00044 Appt Assistant Auditor (Penn)(O'Donn ell) (Compt) (cep# 25,5125) That Communication 25 of May 26, 2009 be received and Filed and that the Permanent Appointment of Annmarie O'Donnel of 18 Meadowview Place, Buffalo, NY 14214 at the Maximum Salary of $41,828 is hereby approved. PASSED AYES - 9 NOES - 0 r Recommended by the Committee on Civil Service � --._` 0 _. 4.. O O O � itlit it � it. #��t �1� mil* +wE� *� #� +F #� *E� �I * #* � � � * it �F �t iF �F iF 9E �► � * dk it � � � iE at � # ik f � � U z � � d A �� � � �-, ..�, . } � �p t� t � � y d' � h'1 . u u �...i u 00041 Appt Senior Tax Clerk (Perm)(Second Step)(Assess) (ccpY 26,5/26) That Communication 26 of May 26, 2009 be received and Filed and that the Pennanent Appointment of Mary C. Quinn of 311 Eden Street, Buffalo, NY 14220 at the Second Step of $32,$86 is hereby approved. PASSED AYES - 9 NOES -0 Recommended by the Committee on Civil Serviee MI U * AYE * NO * DAVIS * * _ * * * * FONTANA ' * * * * * * FRANCZYK * * _ * * * * GOLOMBEK * _ * * * * KEARNS * m _ * * * * LOCURTO * _ * .------- -* *'- * RIVERA * * * * * * RUSSELL * * * * * * SWIM * * - * - * * * [------ -'--- * * * _ [����' �l - ' * � - * � - * - |2/3 -6) * * * 000 Notices of appointments - Temp /Prov /Perm (Cty Clk) Ccp4 56, 5/26 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service 1. 4' }" i i 1 FINANCE (Michael P. Kearns, Chairman) 00051 M. Kearns -D. Franczyk, R. Fontana, D. Rivera -Req Additions to the Upcoming Bond Sale Cop# 34, 4128 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance COMMUNITY DEVELOPMENT (Michael J. LoCurto, Chairman) Q00��`} Results of Negotiations — 237 Ashley (Item No. 9, 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. Leslie J. Van Brunt and Mrs. Marcy Van Brunt, residing at 235 Ashley Street, in the sum of one thousand and three hundred dollars ($1,300.00) for the purchase of 237 Ashley, 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 C irman TAB: nnv TAwp601mswordlrmvl9c5 -26c / �f iI *AYE* NO * DAMS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL -- r -. - - -- _..__._ ......... ------ � -------- - - -- -] �k [ Mr - 5 * 9 0 [2l3 - 6] [3l4 - 7] 00053 Results of Negotiations -- 217, 221 and 225 Bristol Avenue �� ✓ (Item No. 10, 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 Samuel, residing at 220 Bristol Avenue, in the sum of four thousand and three hundred dollars ($4,300.00) for the purchases of 217, 221 and 225 Bristol Avenue, be and they hereby are accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Executive Director, Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same. Passed. Recommended by the Committee on Community Development V airman TAB:rmv TAwp6NnmYord\nnvU 0c5 -26c NJ *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SM 1111 ------------- [MAJ- 5] 9 0 2/3 0 61 3/4 W 7 1 09 ( v 4 r Results of Negotiations -- 330 Massachusetts d` (Item No. 13, 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. Julian Perez, residing at 41 Delsan Court, in the sure of three thousand and five hundred dollars ($3,500.00) for the purchase of 330 Massachusetts, 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 /,airman TAB:rmv TAwp601mswordlrmv113 c5 -26c i *AYE* NO * DAVIS * *` FONTANA * * * FRANCZYK * * * GOL KEARNS LOCURTO RNERA RUSSELL S ! I JL - - Yk ------- - - - -- [MA3- 51 * 9 * p [2/3 - 5J [ 3/4 - 7 ) Results of Negotiations — 134 Rather (Item No. 17, C.C.P., May 26, 2 00 9) 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. Mohammad Jawed, residing at 139 Sobieski Street, in the sum of one thousand and five hundred dollars ($1,500.00) for the purchase of 134 Rother 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 hairman TAa:rnv TAwp60\mswordlrmv\ 176 -26c *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL * '� _..-__.---- _._..__..___..___..---- ___ S W` P -._ ------------- [MAJ- 51 * 9 * 0 [ 2/3 6) [3/4 - 7] 0005 ,n Results of Negotiations - 79 Walden (Item No. 18, 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: Th t. the offer from Mr. Saieh A. Chowdhury, residing at 997 Pacific Street, Apt. #3, Brookl z , New York l 123 $ rf - the s ti of nine thousand dollars ($9,000.00) for the purchase of 7`9 Walden, be andrhereby is accepted; and r `. That the transfer ta', recording fees Vnd cost of legal `description shall be paid b - the purch ser; and Th t the Exe tive Director, Office of S , trove /Planning be authorized to prepare the necessary docp ents for the transfer of title and that the Mayor be authorized to execute the same. P Recommended by the Committee on Community Development )Fhairman TAS:rmy TAwp601mswordlrmyl 180 -26c 1, 1 r, F♦ v Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED 0000 Results of Negotiations — 22 Wilson (Item No. 20, 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. Emilian Yemchuk and Mrs. Tatyana Yemchuk, residing at 10 Wilson Street, in the sum of two thousand and seven hundred dollars ($2,700.00) for the purchase of 22 Wilson, 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. TMS:rmv T:lwpMmswordlrmv1200 -26c f, (l *AYE* NO * DAVIS FONT-ANA FRANCZYK GOLOMBEK * '� KEARNS LOCURTO R IVERA RUSSELL S.1.YlAA�1.Y. [ MAJ - 51 * g * p [ 2/3 e 6 * '� [3/4 - 7] I) V ' ,�4 Denim of 762 Columbus Pky- Deficient Lot & Area Req(Zonin.g) ( #50, 5126) That the above item be the same and hereby is Received and Filed. ADOPTED .X B. Davis -.R Rienas- Article Demolition Derby (1158, 5126) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development \Y 00009 / 1 U D. Rivera -Demo of Properties on Busti (964,5/26) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development ®JOGI City Neighborhood Agenda Meeting Lovejoy District Q131, 5112) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development r 00e69d R. Fontana — Info Energy Savings from New Buffalo Impact (Item No. 34, C.C.P., May 12, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That 1, Adopted. J `J Recommended by the Committee on Community Development Chairman TA :rmv TAwp60\msword\rm034c5 -12c M f� U Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED F UUVU r7 D. Mullen -Env Impact Statement - Buffalo Harbor Bridge (#38, 5112) That the above item be the same and hereby is Referred to the Special Committee on Waterfront Development. ADOPTED Recommended by the Committee on Community Development ��Q LEGISLATION c� (Joseph Golombek Jr., Chairman) 000GI J. Crewson, Petition to Use 191 Ganson Street to Include a Concrete Crushing PIant (Item No. 67, 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 after the public hl June 2, 2409, the petition of J. to include a Concrete Cfushin edl before the Committee on LPgslatiQn on son, a ant, for pe p erm to use 191 Ganson Street t bend hereby is approved. n � Recommended by the Committee on Legislation Chairman ' TAB:rrnv t:\wp6Glmsword\:rmv167e5-26c.doc a �C r,O . 0 q.j c= I Mr. Golombek moved that the above item be recommitted to the Committee on Legislation M. Hatlen, Petition to Use 387 Forest Avenue for a Sidewalk Cafe (Item No. 71, C.C.F., May 26, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the petition of M. Hatlen, agent, for permission to use 387 Forest Avenue for an outdoor patio to the front of a sit -in restaurant on the City right- of-way be, and hereby is approved. 4o e� e�4 A_ Passed. i�' he IL - W Recommended b the Committee on Le Y islation 9 Legislation TAB:rmv tAwp60\mswordVnnvk7 [ 0- 26c.doc 0 1� C� *AYE* NO * DAVIS FONT-ANA FRANCZYK GOLOMSEK KEARNS LOCURTO RIVERA RUSSELL [-------- -- - - -� (MAC- 5) * 9 * 0 [2/3 - 6] [3/4 - 7] 0006£i J. Jarnot, Petition to Use 552 Ogden South for a Pole Signl ` (Item No. 72, C.C.P., May 26, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. GoIombek moved: That after the petition of J. Jarnot, agent, for permission to use 652 Ogden South for a pole sign, 20' high x 16' x 10 lower section, 4 x 12 upper section, illuminated be, and hereby is approved. Passed. Recommended by the Committee on Legislation Chairman TAB:rmv tAwp6Mmswordl:rmv172c5.26c.doe GG 1. V� *AYE'S NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS * *` LOCURTO RIV'ERA RUSSELL * '� SMITH [-------- -- - - -I [MAJ- 5 1 [ 2/3 e 6 [3l4 - 71 * * * * 9 * 0 00 1- Appointment --- Buffalo Preservation Board (Item No. 1, 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 appointment of Sam Gurney, residing at 125 New Amsterdam Avenue as a member of the Buffalo Preservation Board for a 3 -year term, commencing immediately and expiring April 30, 2012, be and it hereby is approved on the condition that he does not owe any outstanding liens to the City of Buffalo. Passed. Recommended by the Committee on Legislation TAB:rmv TAwp601msword\: rmvl1 c5 -26c. doc i� *AYE* NO * DAVIS * �` FONTANA * * * FRANCZYK GOLOMBEK KEARNS * '� LOCURTO RIVERA RUSSELL [. ------- - - - - -] * � [MAJ- 5] * 9 * 0 [2/3 _ 61 [3l4 - 7] G0(1)G8 Food Store License 749 Jefferson (Item No. 42, 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 pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Hamoud Zaid located at 749 Jefferson Avenue d/b /a AM Prime Shop Express.::� Pass ed.��� x 0-) Recommended by the Committee on Legislation TAB:rmv T:1wp601mswordlrmv142c5 -26c. doc X21 r� 1 *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL [MAJ- 5 * 9 * 0 [2/3 - b] [3/4 - 7] O0 Food Store License —143 Walden (Item No. 43, 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 pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Fadhl Amran located at 143 Walden Avenue d/b /a Super Market Express Mart. Passed. Recommended by the Committee on Legislation 7'AS:rmv TAwp60Vnsword\nnv143 e5- 26c.doc 1 1� r; *AYE* NO * DAVIS * ` FONT-ANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA * * * RUSSELL SMITH -------- - - - - -� [MAJ- s] * 9 '� 0 [2 /3 - 6] [3/4 - 7] d Second Hand Dealer — 2202 Seneca Street (Item No. 45, 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 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 Michael Rovnak d/b /a Colortym.e located at 2202 Seneca Street. Passed. C� Recommended by the Committee on Legislation"" , Chairman TAB: rrnv tawp6©lmswordlrmv145c5 - 26c. doe 1,, *AYE* NO * DAMS FONTANA * * * FRANCZYK GOLOMBEK KEARNS * ' LOCURTO RIVERA RUSSELL ��IIW [-------- - - - - -� [MAJ- 5 1 * 9 * 0 [ 2/3 - 61 [3/4 - 7 ] D. Franczyk -A Forman -Reel Waive Fees for Parade {1161, 5126} That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation �1 0007 2 Create a City of Buffalo Employment Protection Act (Item No. 129, C.C.P., Sept. 16, 2008) (Item No. 100, 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 Corporatjon Counsel be, and she hereby is direct to draft a "City of Buffalo Employment Protection Act" that would eliminate partisan,political activity by City of Buffalo employees aid employees of its allied agencies, spch as the Buffalo Urban Renewal Agency. Thi�,can be accomplished by: 1. Prohibiting elected officials, City officers or empoyees from: a. Using his/her auftrity or influence for the urpose of interfering with or affecting the result \ an election or a nomi ation for office; b. Directly or indirectly \ oercing, attempting] coerce, commanding, or advising a City officerr employee to pa, lend or contribute anything of monetary value or perfo "volunteer" service to a party, committee, organization, or person t06 4p"olitical pu ose. 2. Prohibiting City officers or emloyees, with the exception of elected officials and political - appointees in the di ct staf of the Mayor, Comptroller and Common Council, from: a. Paying, lending, or contributing rything of monetary value to a City officer or employee for political p oses; b. Being a candidate for elective pu is or party office; c. Taking an active part in politica management or in a political campaign activities involving the electio of a �blic or party office, including but not limited to: 1. Directly or indirectly soliciting, receiving, collecting, handling, disbursing, or accounting far assessments, contributions, or other funds for a partisan political activity; 2. Organizing, selling ti �ets to, promoting ,or actively participating in a fund- raising activity hat benefits directly` x indirectly a candidate for a public or p/,Oith cc; 3. Distributing materials in support of r in opposition to a candidate in ation with a political campaign; 4. Soliciting votpport of or in oppositiono a candidate in coordination political campaign; \ 5. Driving voters to the polls in any election invol mg a public or party office in c4 dination with apolitical campaign; 6. Enforcing ='r opposing a candidate for a public orarty office in a political advertisement, a broadcast, campaign literature, or similar material; 7. Circulating a part] candidate for a pu Accusations of violations of the of Buffalo elected officials, City offlcia of Ethics. If the Board of Ethics finds t recommend an appropriate disciplin Service Law and any applicable coleeti Adopted or nomination petition that includes a of Buffalo Employment Protection by City employees shall be investigated by the Board violation has occurred, the Board shall n in accordance with New York Civil ining agreement. Recommended by the Committee on Legislation q av � .' Ch •man TA13:rmv TA%vp601msword\rmv\1290 -16c. doe M 10 fir *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RrVERA RUSSELL WITH ------------- FMAJ - 51 '9L /Rp- 3/4 - 7 t. , c , of --o ln � q b L -e , A -7 p- 9 C- o Into r *AYE* NO * DAVIS LOCURTO FONTANA * '� RIVERA FRANCZYK RUSSELL �` n * * * GOLOMBEK _ ....._ ` KEARNS LOCURTO RIVERA RUSSELL �` n * * * SMl'I...... _ ....._ ` [----- _--- --- -) — — — [2/3 6 [314 m 7] 9 00073 r T. Shafie - 2104 South Park Avenue - Used Car Lot (Item No. 45, C.C.P., May 12, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the petition of T. Shafie, owner, for permission to use 2104 South Park Avenue for a Used Car Lot be, and hereby is approved with the following conditions: 1. That no more than 5 cars be stored on the lot at one time, as the lot has no drainage. 2. Grounds are to be landscaped and maintained. Passed. Recommended by the Committee on Legislation (� ' I Chairman TABrmv tAwpMmswor&nnvl4 S c5 -12c. doe *AYE* NO * DAVIS * * * FONT-ANA * * * FRANCZYK * *_ * * * GOLOMBEK KEARNS * * * LO CURTO RWERA * *_ * * * RUSSELL y F u N -- --- -- - - - - --� jMA - 51 9 * o ( 2/3 - 61 [3/4 - 7) 00074 E� Food Store License — 332 Elmwood South (Item No. 21, C.C.P., Mar. 3, 2009) (Item No. 69, C.C.P., Mar. 17, 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 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 Sahah Aljabri, located at 332 Elmwood South, d/b /a S Elmwood Quick Shop Inc. Passed Recommended by the Committee on Legislation `R �). Chairman 1 TAD:rmv TAwp60\nisword\nnvU 10- 3c.doo 11 .. f Store License Conditions 332 South Elmwood 1. The Delicatessen must close Monday - Thursday at 11:00 pm and Friday— Sunday 12:00 pm 2. Trash Receptacle must be placed outside the main entrance at all times and emptied regularly 3. No trespassing and loitering signs shall be affixed to the exterior of the building 4. No vehicles shall be parked on the sidewalk abutting the store 5. No outside banners shall be hung outside the building or in the windows 6. Surveillance cameras trained on the front door shall be installed inside and outside of the building �v N � �. . *AYE* NO DAMS ERANCM GQIDMMEX KEARN RUSSELL SMITH [MA7- 51 * g [213 - 6] [3/4 - 71 M. Osterreieher -Day Care Tax Penalty (Mas) ( #49, 313 l ) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation L 1 0-11 I. nAn11: D. Smitb -Day Care Tax Penalty (##45, 3117) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation l (J D. Smith -Info- Daycare Tax Penalty (#46, 3117) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation j 00075 Day Care Tax .Penalty (#70, 2117) That the above item be the same and hereby is Received and Tiled. ADOPTED Recommended by the Committee on Legislation 4 73 , 6 RESOLUTIONS June 9, 2009 00079 �1 RESOLUTION Sponsored By: Brian C. Davis RE: 10"' Annual Allen West Festival WHEREAS, The Allentown Association, Inc., has :requested permission to conduct the 10 "' Annual Allen West festival on the weekend of .tune 13"' and 14 "' 2009; and WHEREAS, The purpose of the festival is to promote Free arts and crafts and support those talented individuals who create such work; and WHEREAS, The Allentown Association seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and WHEREAS, Each year the Allen West festival attracts thousands of people to the City of Buffalo, including over one hundred talented artists and craftspeople; and WHEREAS, The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter & Code of the City of Buffalo: will meet to consider the application of the .Allentown Association to hold the 10"' Annual Allen West Art Festival; NOW, THEREFORE, BE IT RESOLVED, This Common Council hereby grants to the Allentown. Association, Inc. permission to conduct the 1 O Annual Allen West Art Festival subject to the terms and conditions contained herein as well as any additional terms and conditions established by the Special Events Advisory Committee. BE IT FURTHER RESOLVE]), Date and Tine of Event The event shall take place the weekend of .lane 13th and 14` 2009, between the hours of 11:00 AM and 6:00 PM each day and the streets will be closed to general traffic from 6:00 AM Until 5:00 PM. BE IT FURTHER RESOLVED, Event Area The event area shall be defined as follows: The area bounded by North Street and Symphony Circle on the north, Elmwood Avenue (west side) on the east, Virginia Street on the south, and Orton and Cottage Streets on the west. BE IT FURTHER RESOLVED, Event Participants. The following terms and conditions shall apply to the event area: 1. Art and Craft Exhibitors Art and/or craft exhibitors shall be permitted at the following locations only: Allen Street between Elmwood Avenue and Wadsworth (north and south sides); and Wadsworth between Allen Street and Symphony Circle (east and west sides). t 2. Approval Process. Only art and craft exhibitors approved in accordance with the Allentown Association's application and selection process will be permitted to participate in the event area defined above, No more than 200 ate and craft exhibitors will be permitted. Exhibitors engaged in the exhibition or sale of so- called "pseudo" art and commercial exhibitors not engaged in the exhibition or sale of arts and /or crafts shall not be included in that total. 3. Food Concessionaires and Vendors Only hood concessionaires and vendors approved in accordance with the Allentown Association's application and selection process will be permitted to participate in the event within the area defined above. Such approved food concessionaires and vendors shall be located in an area determined by the Allentown Association in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of fire or his designee. hood concessionaires and vendors will not be permitted to operate outside of the event area. 4. Promotional Items The Allentown Association, at it's sole discretion, may select and designate a single vendor employing a reasonable number of persons to vend balloons in the event area. The Allentown Association may also select and designate a single vendor to produce and sell Art Festival T- shirts, sweatshirts or similar merchandise. The Allentown Association in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee shall locate such vendors. 5. Compli with Existing Laws. Not Withstanding the above. Participants, concessionaires, and vendors are required to comply with all applicable city, county, and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk cafe's operating in accordance with Section 413 -59 of the Charter & Code of the City of Buffalo. BE IT FINALLY RESOLVED, I. Remote Broadc asts. Radio and television broadcasts from remote broadcast units located outside of a building regularly occupied by a radio or television station may be permitted within the event area at the discretion of the Allentown Association. No such remote broadcast or telecasts will be permitted on the public streets or out -of -doors on adjacent ,private property without the permission of the Allentown Association. Promotional activities other than those permitted by the Allentown Association are strictly prohibited. 2. Vendor and (?xhibitor Identification The Allentown Association shall provide all participants with suitable identification expressly indicating that each is an authorized participant in the event. Except as herein provided, there shall be no other participants within the event area during the event whether on public streets or out -of -doors on adjacent private property, including, but not limited to, exhibitors, concessionaires, vendors, and performers, individuals engaged in promotional activities, fundraising activities, displays of goods or otherwise. Performances are prohibited within the festival area. Inflatable Devices All temporary inflatable devices used to advertise or direct attention to a business, service, product and /or activity shall also be excluded from the event area. Bria . Davis Ellicott District Councilinember 000("1 U RESOLUTION Sponsor: Mr. Davis Ile: 52 " ANNUAL. A:LLEN`I "OWN ART FESTIVAL WHEREAS, The Allentown Village Society, Inc. has requested permission to conduct the 52"" Annual Allentown Art Festival on the weekend of June 13' and 14"' 2009; and WHEREAS, The purpose of the festival is to promote fine arts and crafts and support those talented individuals who create such work; and WHEREAS, The Allentown Village Society seeps to heighten public awareness of the tine arts and crafts and to heighten public awareness of all that the Allentown District of the City Of Buffalo has to offer; and WHEREAS, Each year, the Allentown Art festival attracts hundreds of thousands ohpeople to the City of Buffalo, including hundreds of talented artists and craftspeople; and WHEREAS, The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter and Code of the City ofBuffalo will meet to consider the application of the Allentown Village Society to hold the 52 " Annual Allentown Art Festival. NOW "I'HERFORE BE IT RESOLVED, That the City of Buffalo Common Council does hereby grant to the Allentown Village Society, Inc. permission to conduct the 52 "" Annual Allentown Art Festival subject to the terms and conditions contained herein as well as any additional terms and conditions established by the Special ( Advisory Committee; and BE IT FURTHER RESOLVED, Date and Time of Event. The event shall take place the weekend of June 13` and 14' 2009, between the hours of 11:00 a.m. and 6:00 p.rn. each day and the streets will be closed to general traffic from 5:00 a.m. until 5:00 p.rn.; and BE IT FUR'T'HER RESOLVED, Event Area The event area shall be defined as follows: The area bounded by Summer Street on the north, Elmwood Avenue and South Elmwood Avenue (east side) on the west, Tracy Street (extended easterly) on the south, and Main Street (west side) on the east; and BE IT FUR'T'HER RESOLVED, Event Participants. The following terms and conditions shall apply to the ;vent area: ; 1. Art and Craft Exhibitors. Art and /or craft exhibitors shall be permitted at the following locations only: Delaware Avenue between North Street and Tupper Street (east and west'` sides); Franklin Street between Allen Street and Virginia Street (one side only); Allen Street from Elmwood Avenue to Franklin Street (one side only); Virginia Street between Delaware Avenue and Franklin Street (one side only); and Edward Street between Elmwood Avenue and Delaware Avenue (south side only). 2. Apprt3v1_I?rocess. Only art and craft exhibitors approved in accordance with the Allentown Village Society, Inc.'s application and selection process will be permitted to participate it) the event within the event area defined above. No more than 465 art and craft exhibitors will be permitted. Exhibitors engaged in the exhibition or sale of so- called "pseudo" art and commercial exhibitors not engaged in the exhibition of sale of arts and/or crafts shall not be included in that total. Food Concessionaires and Vendors. Only food concessionaires and vendors approved in accordance with the Allentown Village Society, Inc.'s application and selection. process will be permitted to participate in the event within the event area defined above. Such approved food concessionaires and vendors shall be located in an area determined by the Allentown Village Society, Inc. in accordance to the recommendation of the Commissioner of Police or his designee and the Commissioner of lire or his designee. loot concessionaires and vendors will not be permitted to operate outside of the event area. 4. Promotional Items. The Allentown Village Society, Inc., at its sole discretion, may select and designate a single vendor employing a reasonable number of persons to vend balloons in the event area. The Allentown Village Society, Inc. may also select and designate a single vendor to produce and sell Art Festival 1'- shirts, sweatshirts or similar merchandise. The Allentown Village Society, Inc., in accordance to the recommendation ol`the Commissioner o1'Police or his designee and the Commissioner ot`Fire or his designee, shall locate such vendors. 5. Compliance with Existing I� aws. Notwithstanding; the above, participant concessionaires and vendors are required to comply with all applicable city, county and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk cafes operating in accordance with Section 413 -59 of'the Charter and Code of the City of Buf[alo. 13E IT FINALLY RESOLVED, Remote Broadcasts. Radio and television broadcasts from remote broadcast units located outside or a building regularly occupied by a radio or television station may be permitted within the event area at the discretion of the Allentown Village Society, Inc. No such remote broadcasts or telecasts shall be permitted on the public streets or out -of -doors on adjacent private property without the permission of the Allentown Village Society, Inc. Promotional activities other than those permitted by the Allentown Village Society, Inc. are strictly prohibited. 2. Vendor and Exhibitor Identification. The Allentown Village Society, Inc. shall provide all participants with suitable identification expressly indicating; that each is an authorized participant in the event. Except as herein provided, there shall be no other participants within the event area during the event, whether on public streets or out -of -doors on adjacent private property, including, but not limited to, exhibitors, concessionaires, vendors, and perl"ormers, individuals engaged in promotional activities, fundraising 4 activities, displays of good or otherwise. Performances are prohibited within the event area. 3. Inflatable Devices. All temporary inflatable devices used to advertise or direct attention to a business, service, product and/or activity shall also be excluded from the event area. 4. Banners. In celebration of the 52 "' Anniversary of'the Allentown Art Festival, pernrission is hereby granted for the Allentown Village Society, Inc. to erect vertical banners on city light poles on Delaware Avenue between North Street and "Tupper Street. The banners must comply with conditions set by the Department of Public Works, Parks and Streets. Brian . Davis t?llicott District Council Member 0006 1 RESOLUTION By: Brian C. Davis & David A. Rivera RE: Permission to hang banners on Delaware Avenue & North Street Whereas: The Theodore Roosevelt Inaugural National Iistoric Site would like to advertise the opening of the TR Inaugural Site and the original Wilcox carriage house; and Whereas: In order to promote the opening, The Theodore Roosevelt Inaugural National Iistoric Site is requesting permission to hang a banner on Delaware Avenue & North Street; and Now Therefore Be it Resolved: That the Common Council of the City of Buffalo grant permission to The Theodore Roosevelt Inaugural National Historic Site to bang a banner to advertise the opening ofthe TR Inaugural Site and the original Wilcox carriage horse; and Be It Further Resolved: That said banner would hang from June 19, 2009 through September 19, 2009. Be It Finally Resolved: That the banner meets the legal specifications set forth by the Department of Public Works and that no existing laws are violated. Bri rC: Davis Ellicott District Councilrnember David A. Rivera Niagara District Councilmemher Theodore Roosevelt Inaugural Site Grand Opening Batmcr Delaware Avenue at North Street Aaw 19 - September 19, 2009 TR��' The New TR Inaugural Site BRINGING A. LEGEND TO T,iFE Now Open For Tours TRSi". EORG 8.8`d 9P;9ZS8: 022OV069 - :uOJA SS:bT 6088- 88 -Nnf _..__ _...... a AYE (MWODfYYYY) AC ORP- CERTIFICATE OF EI,AB INSURANCE s/a 0 0 9 PRODUCER (715)519-5500 FAX X718) 5140 THIS CERTIFICATE is 15SUEb AS A MATTED OF INFORMATION First Niagara Risk Managament, Inc HO LY AND CONFERI DOES RIGHTS THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOG1T AMEND, E= XTEND OR 726xcba Trg Street, Suit6 900 ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW- Buffa NY 1 4210 INSURERS AFFORDIN COVERAGE � NAIL # INSURED INSURER A: Vig ilant TnmuranaB __ ...-- Thoodoro Roosevelt Inaugural site Foundation I NsQW -Re _ _... Theodore R0000volt Tnaugural Nskionml. Historic €NSURERC. _. Site 641 Velaware Avenue UJ5URER Buffalo NY 14202 INSIURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOIGRTF.O NOTWTHSTAN0114G ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE: MAY BE ISSUED OR MAY PERTA €N THE INSURANCE AFFORDED BY THE PQLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGFiECATE LIM T RQA MAY HAVE F] Y AI -- — L 5 - - -- POL €CYa•FFECTIVE�PFILIC� r;"XPIR7S71f�N LIMITS GENERAL LIABILITY X COMMERCIAL C,FNERAL LIABILITY A CLAWS MAOF 17�1 OCCUR 341318875 GEN'L AGGREUAI E 1 IMIT APPLIES PER. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AU T05 SCI ICDULED AUT(}S HIRE€] AUTLIS -- NOWOWNEDAUT05 GARAGE IJAHILITY I ANY AUTO E%CE581UTs1vmoxA LIABILITY I =7 LJR El CLAIMS MADE UEnL1C,TIBLE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY YV'C)PRIET()RIPARTNERfk %F(A]TiVZ (}Ff FfiER1MEM BEft EXGLUD�:O f " I'll 09, f, udder SP$C AL CEQVIhl()NS 6nlT ,,, OTHER "A,If - C;URRENLE S 1 , 000 , 00 0 DAMAGC TO RENTF0 * 000 000 F�RF.MIKr Is o"R9r 2 I; ' - 7/3/2008 7/1/2009 MEDEXP Anyn�nP 3 10,.000 PERSONA i A 3N A)RY .. S . 1, One, 000 GENtRRI, .RF ;OTC S .. _ 2 , 01)0 , 0001 nn n„rr r` „I 0 h� s 2,€100,000 COMB1NEf?'INGLE LIhSl7 S {Ea �,x'sie;t(j WDII -Y IN.FURY z (Per Pervmn DODILY INJURY 3 €Per . . ... .+IAm1 PROPERTY DAMAGE 5 (4 6cCIAe�IJ AU ONLY ” LA At;(JQ NT S .... -._— 01 - HER TI IAN AUTO ONI V t � TIJ Cap - i " rR. CA EMPLGVEE S .._. - Pol IC.Y I lwt S UESCRIPTION OF OPERATION $7LOCATIONSNEHICLESI"CLUSIOHS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ILO: bsnner over pgzaware Avanua b* ginning on ar s$eut 5/19/09. The CitY Of Hut' €stn is includAd ae en add"iOnal insutDd under the Goneral Liability. City of Buffalo ElAptaztmeAt of Public Works, Parks and St reets Roam 512 - City Hall Buffalo, NY 14242 $HGULD ANY Or THE ABOVE DESCR IBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE To THE, OERnFICATC HOLDEN NAMED TO THE LEFT, BUT FAILURE TO 00 $0 $HALL IMPOSE NO 09LIGATION OR LIABILITY OF ANY KIND UPON T HE AUTHORIZED REPRESENTATIVE - 1 3ozi ph T .resi /TSTEVE rF AGOR€7 25 (200910$) Iu4Mr ,n...n+ no. S t+'d Tt7T TS8 : 0EM7889T,! P ACORO CORPORA - nON 1989 nano 1 M o wO.IJ 69-OT 8082- 68 -Hnr IMPORTANT It the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of suoh endorsement(s). If SUBRC)(3ATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may roquire an endorsement A st%ement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the cortifiaate holder, nor dow it affirmatively or negatively amend, extend or alter the coverage afforded by the policies lister! thereon. ACOR 17 25 f2001108) IN$925 ( 01 fmE oga Page 2 of 2 S•S "d Tt7TSTG6 : 0220t?889T�- :w0jA 6S :81 6188 -60 - tin 0008 > ,r 1 By: Mr. Franczyk RESOLUTION TO AUTHORIZE THE ACQUISITION OF PERMANENT EASEMENT RIGHTS FOR CONSTRUCTION OF HAMBURG DRAIN FACILITY WHEREAS, the Buffalo Sewer Authority, as part of the Inner Harbor Development Project, has entered into a Memorandum of Understanding .with the Empire State Development Corporation, the lead agency pursuant to the State Environmental Quality Review Act (SEQRA) as part of the Buffalo Inner Harbor Development Project Master Plan; and WHEREAS, the Buffalo Sewer Authority has committed to the construction of the Hamburg Drain Screening Facility (the " Project") in order to remove floatable material from the Hamburg Drain; and WHEREAS, the location for construction of this facility is land in an area bounded by Michigan Avenue, Scott, Washington and Exchange Streets as shown on the attached map (the "Property "); and WHEREAS, based on examination of public records for this area, ownership of the Property is held by the People of the State of New 'Rork, under the present administrative jurisdiction of the New York State Thruway Authority; and WHEREAS, in order to implement the Project, it is necessary for the Buffalo Sewer Authority to acquire easement rights for the Property from said owner; and WHEREAS, the New York State Public Authorities Law Sections 117$(7) and 1182 authorizes the Buffalo Sewer Authority to acquire lands, or any right, title, interest, or easement therein in the name of the City of Buffalo, and upon such acquisition, any such fee, right, title, interest, or easement shall become dedicated to the uses and purposes of the Buffalo Sewer Authority; and WHEREAS, the Buffalo Sewer Authority has submitted respective applications to the New York State Thruway Authority for issuance of an occupancy permit and conveyance of a permanent casement to implement the Project; and WHEREAS, pursuant to New York State Public Authorities Law Section 1182, the City of Buffalo will be a party to said easement and any agreement to convey said easement with the New York State Thruway Authority and the People of the State of New York. NOW, THEREFORE, BE IT RESOLVED: 1. That the Common Council of the City of Buffalo hereby ratifies and confirms any prior applications submitted by the Buffalo Sewer Authority to the New York State Thruway Authority, and further authorizes the Mayor and any other representative or agent of the City of Buffalo including, but not limited to, the Corporation Counsel of the City of Buffalo, designated by the Mayor, to submit BULIBOT176865111 Y any fixture applications and undertake any and all actions that are necessary and appropriate to enable the Buffalo Sewer Authority to acquire a permanent easement in and to the Property in the name of the City of Buffalo for the benefit of the Buffalo Sewer Authority, and to accept any permits issued to the Buffalo Sewer Authority for use of the Property, including but not limited to the execution, delivery, and/or acceptance of any easements, agreements, memoranda of understanding, documentation or instruments, negotiation of a purchase price and payment of consideration for the easement, upon such terms and conditions reasonably acceptable to the Mayor or his designee and the General Manager of the Buffalo Sewer Authority for the purposes of the Project; and 2. That the Common Council of the City of Buffalo hereby adopts the attached map as a current plan of the land area to be dedicated to the Project, and the Mayor is hereby authorized, upon the advice of the General Manager of the Buffalo Sewer Authority, legal counsel, professional engineers, and such other consultants as the Mayor and the General Manager deem appropriate, to amend such map, and prepare a more particular map and description of the interest in land or easement to be acquired to implement the Project. David A. 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M4P 4o. 1k3U.�1.1. t10w YaFIt 5#0fa ftlru.cay, tttaccra yacttan, :y of rrlaT SubGivlstcrk No, iS -3, irerF it fha £t1A Wally Owh'n Ottloo tln 1C /43MOM , Mvhfaat to th++ ruym+rrrtian t;t MQ flair Ymrt Cerrtrol AolMad OOMPO;W 1014 Ngw Park srafo rlamrY 19tNdt1r Ow%ray e.9 4W# feral 0(1 #fx. Qfarultfntfanlsrf 1(012 ha. 1116311 -t. 4 �C3'F F f . t twosy enr•tliyy� itmf Oho "*Mani , Q xwo t o r�" uohd x11 oes (Wt i doefara xffl) 1larstay crrftly 11104 Ibis rn 40q 6"'F at.t lhrvwgy rprrnf34r1s �, iir>5 igAil f1rom on ontwrifn bLwvsv Oor 13010 �. 20�,t- 4 data p'a�n�rry 2:i " ?cs ` 1 �,7r 'k 4dn.+Y.�f3r 5 1 LA rtdoT Ct8 » GPtfCi1 . Wa1Tk; Rf. 8.tgt.k.+ar E10Ufl d4i R +. P.C.Q. ticf St1rv4Yat' t1aW Ytk1 S tatkx 7fttimky lkulfwc }ay �,1. �. L1GD11XO Hn. G597f1# 1 NEW YORK STATE THRUWAY AIJTHt R17Y DESCRIPTION AND MAI' FOR THE GRANT OF EASEMENT NEW YORK STATE SE01ti�17Y� SHB01VISION NO. N'-3 Mpp No. 1144 -C Emma PRoPos l To � #a Area : arQ01 IQs 1144 1 BE ORAM EE? i?y r16±J�CRE 'rtm dascrrpirao cnd triOW 1"404 Of !ilia ktrtl 01 ifarUVY affl dory ;kad to iho liif€aks ui ilck f4 r Y1x k �tk7ta jtkrk;sny At;thPrcty_ f1lYCafcsr pamaau of 004zo s &n�ourf s- , vt:es � k F t *AYE* NO * DAVIS * �` FONT-ANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA * '� RUSSELL [-------- - - - - -1 [MAJ- 5] [2/3 a 6] [3/4 - 71 * * * * 9 p BY: MR. FRANCZYK�> Q 0 c3 RE: OPPOSE BANK OF AMERICA CLOSING AT 949 BROADWAY WHEREAS: Bank of America has sent a notice to. East Side customers that it will be closing its branch bank at 949 Broadway, effective August 14, 2009; and, WHEREAS: The Bank of America building is an architecturally significant terra cotta structure at the pivotal corner of Broadway and Fillmore, and its closure would be a hardship to a deeply underserved community, one of the poorest in the nation; and, WHEREAS: Across 949 Broadway stands another vacant large office building, leaving two vacant office buildings on a critical corner the city is working to commercially improve; and, WHEREAS: Bank of America availed itself of $45 billion of Targeted Investment Program and Asset Guarantee Program (TARP) funds, plus a guarantee of $118 million of its assets; and, WHEREAS: It is not acceptable for Bank America to grab taxpayer money with one hand, while with the other, disinvest in an impoverished Buffalo neighborhood struggling to revitalize itself, NOW THEREFORE BE IT RESOLVED: That the Common Council goes on record in opposition of the closing of the Bank of America branch at 949 Broadway; BE IT FURTHER RESOLVED: That the Common Council appeal to the local congressional delegation, including Senators Chuck Schumer and Kirsten Gillibrand, as well as Representatives Louise Slaughter and Brian Higgins to see if it possible to block Bank of America's attempt to turn its back on Buffalo East Side, particularly in light of the fact of the billions of public money poured into this failed bank; BE IT FURTHER RESOLVED: That this resolution be forwarded to Mr. Neil Barofsky, Special Inspector General for TARP and Gene Dodaro, Acting TARP Comptroller General, for possible action to prevent the closing of this bank branch; BE IT FURTHER RESOLVED: That Bank of America's closing at 949 Broadway be investigated as a possible violation of the Community Reinvestment Act; BE IT FINALLY RESOLVED: That Bank of America be asked to explain its abandonment of the Broadway- Flllmore community, greatly inconveniencing the people of that community. David A. Franczyk OPTE 0008 RESOLUTION By: Council President David Franczyk RE: Waive permit fee for American Legion Convention Parade for July 10, 2009. WHEREAS, "L'he American Legion was chartered by Congress in 1919 as a patriotic, war -time veterans organization, devoted to mutual helpfulness; and WHEREAS, The American Legion has an excellent and long standing; reputation as a not- for - profit community service organization; and WHEREAS, "I'he Department of New York American Legion Convention Parade will be held in Buffalo oti July 10, 2009 and the permit Ior the parade is pending approval; and WHEREAS, As a measure: of partnership and commitment, the American Legion has requested that the City of Buffalo waive all permit fees associated with the parade as has been clone in the past; and WHEREAS, `f'he City of Buffalo, and especially this Commou Council, seeks to maintain and encourage; such valuable partnerships by increasing our support to all causes aimed at strengthening city veterans. NOW, THEREFORE BE IT RESOLVED, the Conim.on Cotincil of the City of Buffalo waives all parade license and permit fees for the American Legion Convention in the City of Buffalo for July 10, 2009. David A. Franczyk .. Z. *AYE* NO * DAVIS FONT-ANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RNERA RUSSELL F [------ -- - - - - -� * T [ MAr - 5 9 * 0 [2/3 - 6) [ 3/4 - 7 0 0 ( 4) RESOLUTION 13y: Mr. Golombek RE: Grant Permission for Buffalo Homecoming Celebration to Clang a Banner on Elmwood Avenue Whereas: Buffalo Homecoming will be holding their 4"' annual celebration of Buffalo this year from June 25 -28, 2009; and Whereas: This unique event is designed to showcase the City's many assets and to help keep our best and brightest here, encourage those who have left to come back, and to attract professionals, entrepreneurs, and businesses to the region; and Whereas: To encourage residents to participate in the event and to promote this celebration of Buffalo, the committee would like to hang a banner across Elmwood Avenue at Bidwell Parkway; and Whereas: Buffalo Homecoming would like to Hang the banner from June 10, 2009 until June 30, 2009; and Whereas: Pride Buffalo has been in contact with the City of Buffalo's Department of Public Works and understands all the requirements necessary for proper installations of the banner; Now, Therefore, Be It Resolved: That the City of Buffalo hereby grants permission to Buffalo lomecoming to hang a banner on Elmwood Avenue at Bidwell Parkway, from June 10, 2009 until June 30, 2009; and Now, Therefore, Be It Further Resolved: That the banner be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. rt Vl) _a ADOPTED . , Jr. 000 � RESOLUTION Sponsors: Mr. Kearns, Mr. Fontana, Mr. Franczyk, Mr. LoCurto, & Mr. Rivera Subject: INCREASING TRANSPARENCY BV REQUIRING THAT PUBLIC BODIES HOLD MEETINGS IN A CENTRALIZED LOCATION THAT ALLOWS FOR THEIR RECORDING AND AIRING ON CATV Whereas: The New York State Public Officers Law, specifically Chapter 47, Article 7, codifies the requirements imposed on public bodies regarding Open Meetings and Executive Sessions; and Whereas: The law requires that "Every meeting of a public body shall be open to the general public, except that an executive session of such body may be called and business transacted thereat in accordance with section 95 of Article 7 thereof," and Whereas: The City of Buffalo has a large number of'public bodies, such as, for example, the Common Council, the Parkin; Board, the Planning Board, the Zoning board and the affiliated governing boards of the Buffalo Sewer Authority, the Buffalo Urban Renewal Agency, the Buffalo Municipal Housing Authority, the Buffalo Municipal Water Finance Authority and the Buffalo Water Board, which meet at various locations on either a regular or infrequent basis; and Whereas: Public bodies have taken steps to encourage the public to attend their meetings, however, the scheduled dates, times and locations of'meetings may make attendance by the public inconvenient; and Whereas: The Common Council and the Buffalo Board of Education. have both made considerable financial investments to acquire technology that allows for the routine recording of their meetings and those of their committees for broadcast on the City's Cable Access Television (CATV) government channels; and Whereas: Although the recording and broadcasting of meetings greatly increases the transparency of public bodies by allowing a greater number of tax payers to witness their deliberations and decision making, currently, the Common Council and Buffalo Board of Education are the only public bodies that routinely do so; and Whereas: If all public bodies of the City of Buffalo were to begin conducting their meetings in Common Council Chambers in City Hall, their niectings could be recorded and broadcast on CATV government channels for public viewing; and Whereas: In addition to allowing for the recording and broadcast of many more public bodies' meetings, holding the meetings of public bodies in Common Council Chambers, or a similar geographically centralized, uniform location that is well serviced by public transportation and which nearly all Buf#alonians are familiar with, could increase physical attendance and citizen participation at meetings. Now Therefore Be It Resolved: That this Common Council hereby requests that the Mayor, along with each board, agency or authority of the City, in accordance with Section 18 -2 of the Buffalo City Code, furnish a schedule of their ; ,., regular and special meetings and their duly authorized committees to the Common Council by fili.n.g such information with the City Clerk on an on -going basis; and Be It Further Resolved: That the aforementioned entities provide a written explanation to this COIrin Council detailing any impediments to conducting their governing board and duly authorized committee meetings within Common Council Chambers in an effort to facilitate wider attendance by the public and allow for the routine recording of their activities for airing on CATV government channels; and Be It Further Resolved: That this initiative would be an efficient use of limited taxpayer dollars because it will increase transparency and citizen participation without the need for duplicative installation of costly recording equipment by each .individual public body cited herein, would allow for greater use ohemsting government infrastructure that was specifically installed. to accommodate the needs of the public and the governing boards, and is a logical extension of a system that has already been successfully utilized for some time by the Common Council and Buffalo Board of Education; and Be It Finally Resolved: That this resolution be forwarded to this Common Council's Finance Committee, the City's Office of " "elecommunications and utilities, the Mayor and the aforementioned public bodies for comment and action. MICHAEL I K El, q1k. South District Common Council Member 1 Pli DAVID A..1+12ANC7YK 1`1.11mor District Council .Member `., DAVID A. RIVERA Niagara District Council Member f , r RICHARD A. FUN` ANA Lovejoy District Council Member - 1VIICHA , , �l. LOCURTO Delaware District Council Member ADOPT RESOLVES THE REMAINDER TO FINANCE By: Mr. Kearns Transfer of Funds Department of Public Works That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $100,000 be and the same is hereby transferred within the Department of Public Works and said sum is hereby reappropriated as set forth below: From: Engineering 13112006 — 490000 — Freeze Funds To: 13296006 — 443301 Buildings -- Equipment Repair 13296006 — 443200 Buildings — Building Repair x $100,000 $ 85,00.0 $ 15,000 $100,000 $ 85,00.0 $ 15,000 f I� f�F *AYE* NO * DAVIS FONT-ANA FRANCZY"K * �` GOLOMBEK KEARNS LOCURTO RIVERA * * * RUSSELL 7}: 9F yr MAJ- 51 * 9 * 0 [ 2/3 a 6 ] [3/4 - 7) OOO S5 ri g RESOLUTION By: Mr Kearns RE: Grant Pet-mission to Sorrento Lactalis Commercial, Lire. to Hang Banner on South Park Avenue Whereas: Sorrento Lactalis Commercial, Inc., 2376 South Park Avenue, requests permission to hang a banner across South Park Avenue in support of the Italian Heritage Festival; and Whereas: The banner will hang frorn .tune 23, 2009 to July 21, 2009; and Whereas: Sorrento Lactalis Commercial, Inc. is continuing to sponsor the Italian Heritage Festival and the banner will help promote Sorrento's on -going sponsorship with the Italian heritage Festival; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to Sorrento Lactalis Commercial, Inc. to hang an informational banner across South Park Avenue to promote the Italian Hertiage Festival; and Be It Further Resolved: That the banner will hang across South Park Avenue, from corporate headquarters at 2236 South Park Avenue to the Sorrento plant at 2375 South Park Avenue, from Julie 23, 2000 to July 21, 2009; and Be It Finally Resolved: That said banner must meet all requirements of pertinent city departments and that no existing laws are violated. NI AI I_, P. KEARNS�� A () 00089 RESOLUTION Sponsor: MR. KEARNS Co- Sponsors: MR. LOCURTO, MR, FONTANA, MR. RIVERA, and MR. FRANCZYK Subject: The Need for an Immediate Audit of BURA and BERC Whereas: The City of Buffalo has assigned to the Buffalo Urban Renewal Agency ( "BURA "), the responsibility for managing and disbursing Community Development Block Grant ( "CDBG ") funds allocated to the City by the Federal government; and Whereas: BURA is a quasi - governmental agency that was brought into existence, and currently operates, pursuant to Articles 15, 15 -A and 15 -B of the New York General Municipal Law. Due to the expansive powers granted to BURA and other quasi - governmental agencies under New York State law, many have described public authorities as being "shadow governments;" and Whereas: BURA has contracted with the Buffalo Economic Renaissance Corporation ("BERG") to furnish certain services that support business development and growth by assisting the private sector to create and retain jobs; and Whereas: Pursuant to the City of Buffalo Charter, specifically Article 7, section 7 -4(2), "The Comptroller [of the City of Buffalo] shall have the power to conduct financial and performance audits of all agencies and other entities a majority of whose members are appointed by city officials or that derive at least fifty (50) percent of their revenues, including the provision of goods, services, facilities or utilities, from the city or from allocations under the authority of the City. As a condition of the payment of any funds by or under the authority of the city, such agency or entity shall be required to agree to accept such audits. As a condition of the payment of any funds by or under the authority of the City to any agency or entity on a grant or for goods or services, such agency or entity shall agree to accept audit by the Comptroller of the performance of the terms of such agreement. "; and Whereas: Pursuant to the City of Buffalo Charter, specifically Article 7, section 7 -4(4), "The Comptroller [of the City of Buffalo] shall have the power to conduct performance audits of all bureaus, offices, departments, boards, commissions, activities, functions, programs, agencies and other entities or services of the city (including those mentioned in paragraph 2 of this section) to determine whether their activities and programs are (i) conducted in compliance with applicable law and regulation; and (ii) conducted efficiently and effectively to accomplish their intended objectives. "; and Whereas: The City currently allocates its allotment of CDBG funding to BURA, which in the current fiscal year is in excess of $16 million, and BURA allocates a portion of this funding that it receives from the City to BERG, which in the current fiscal year is in excess of $3 million; and Whereas: The United States Department of Housing and Urban Development ( "HUD "), which is charged by the Federal government with the responsibility for disbursing and monitoring CDBG funding, recently released a scathing monitoring report that detailed serious mismanagement of CDBG funds that were allocated to the City of Buffalo (and subsequently to BURA, then to BERC) and identified nineteen (19) findings and two (2) concerns, citing the use of anti - poverty funding to cover questionable and potentially ineligible costs totaling an amount in excess of $5.8 million; and Whereas: In a series of investigative reports and news articles, The Buffalo News has alleged a pattern of questionable, possibly unethical, and potentially illegal actions by BERC employees and high - ranking City officials associated with the management of CDBG funds; and Whereas: The shortcomings identified in HUD's monitoring report and the allegations by the Buffalo News are cause for serious concern, and reveal that federal tax dollars that should have been earmarked for the purpose of reducing and eliminating poverty, are instead being directed to other ineligible purposes or misappropriated by individuals who have a fiduciary responsibility to protect taxpayer dollars; and Whereas: The City Comptroller in recent media accounts has been quoted as expressing his intent to review this matter in greater detail. Now Therefore Be It Resolved: That this Common Council hereby requests and directs that the City Comptroller immediately undertake both a financial audit and performance audit of BURA and BERC, as referenced in the City of Buffalo Charter in Article 7, sections 7 -4(2) and 7 -4(4); and Be It Further Resolved: That this Common Council hereby requests and directs that representatives of the City Comptroller, the City Administration, BURA, BERC and the Common Council's Community Development Committee, meet immediately to discuss and develop the scope of said audits; and Be It Further Resolved: That a certified copy of this resolution be forwarded to the entities cited herein; and Be It Finally Resolved: That this matter be referred to the Common Council's Community Development Committee for further action. MI HAEL P. KEARNS MICHAEL J OCURTQ T RIC,A D A. FON ANA DAVID A. RIVERA AVID A. FRANCZYK ADOPT RESOLVES THE REMATNDER TO-COMMUNITY DEVELOPMENT 000 1 () RESOLUTION SPONSOR: Mr. LoCurto CO- SPONSORS: Mr. Kearns, Mr. Rivera RE: COMPELLING TRANSPARENCY IN NOT-FOR-PROFIT ORGANIZATIONS THAT RECEIVE CITY TAXPAYER DOLLARS WHEREAS: The City of Buffalo is fortunate to have many not - for- larofit organizations that provide valuable services to its residents; and WI-II RI;AS: Many of these organizations receive their primary funding from the City of Buffalo's annual operating budget and/or through contracts with the City or with its allied agencies for providing services that are funded through Community Development Block Grant ( "CDBG "), (lousing Opportunities Made I?qual ( "I10MI:." "), Emergency Shelter Grant ( "ESCH ") and (lousing Opportunities for Persons With Aids ( "I IOPWA ") grant money; and WHEREAS: Typically, not - for - profit organizations that contract with the City of Buffalo are governed by a Board of Directors that must follow a set of by -laws. These Boards usually provide fiduciary and programmatic oversight for the organization but choose to hire an Executive Director to handle clay -to -day operations; and WI IEREAS: 'These not - for - profit organizations choose their Board members in accordance with the procedures found in their respective by -laws, and in the case of many such organizations, selections occur by a vote of the organization's membership, by appointment by community officials and/or by virtue of a person holding a particular offices or official positions. (ex- officio); and WlIEREAS: Actions that are taken by the Boards of organizations that contract with the City of flufl:alo or with its allied agencies to provide public services arc funded through public tax dollars and can significantly impact City residents, which makes it critically important that they operate openly and with transparency so that taxpayers can keep informed of their actions and are obtain. information generated by, about them, and on these organizations; and WHEREAS: In some instances, obtaining information relating to the deliberations, actions, reports, audits and other records of these organizations or their Board's is often difficult if not impossible. NOW, Tl 11.Rl?l OR1J BF, TT RESOLVE(): That this Common Council does hereby direct the Acting Corporation Counsel to prepare a Local Law requiring that al not - for - profit organizations that contract with the City of Buffalo, or with an allied agency thereof, to provide public services, shall file: the :following information with the City Clerk as soon as such information becomes available: Meeting Schedules (and revisions) Organizational by -laws and/ or Rules of Order Governing .Board membership and any changes to Board membership along; with the powers and/or duties ascribed to each such person (including representation, voting powers, terms of office, etc.) Approved Minutes of all Board of Director Meetings Any and all annual, scini- annual or other periodic reports, studies, evaluations, audits or reviews, financial or otherwise, that are prepared by, on, or for said organizations; and 13E IT FURTI II R RESOLVE D: That this Common Council hereby directs the City's Acting; Corporation Counsel. to further include in said Local Law, a provision requiring that all not- for - profit organizations that contract with the City of Buffalo or with an allied agency thereof in an amount equal to or greater than $5,000, shall file the information cited herein with the City Clerk for review by the Common Council as a pre - requisite to their receiving further Funding. BE IT FINALLY LY R1 SOLVED: That this Common Council hereby directs the City's Actin; Corporation Counsel to determine the legality, and the City's Director of Management Information Systems to determine the feasibility, of posting the al:orementioned information for public review and download on the City of Buffalo's websitc. Michael J. Curto Del4ware District Council Member David A. Rivera Niagara .District Council Member Michael P. Kearns South District Council Member ADOPT Ist and grid RESOLVE THE REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT 000(1) 1 Resolution Sponsor: Michael LoCurto RE: Permission to hang banners around Canisius High School Whereas: Canisius High School has been a bedrock of the community since it opened in 1870 and has served the neighborhood at its current address of 1180 Delaware Avenue since 1944; and Whereas: To further establish itself as part of the community, Canisius High School wishes to hang banners with the school seal, photos of students and Iaculty, and burr words; Whereas: These banners would be a permanent fixture, being changed seasonally; and Whereas: Such banners exist already around Buffalo State Collage; and Whereas: Canisus High School will be marking the completion of their newly expanded school on September 20, 2009 by holding a grand opening; and Whereas: To announce this occasion, Canisius High School wishes to raise a banner across Delaware Avenue to their property on either side: of the street from September 1, 2009 to October 1, 2009; and Whereas: Canisius high School is familiar with the banner requirements and will purchase the necessary bond before the banners are installed; Now, Therefore Be It Resolved: That the Corrirn.on Council. does hereby grant permission. to Canisius High School to install banners along lamp posts near the campus on Delaware Avenue, West Ferry Street, Cleveland .Avenue, Tudor Place, Auburn Avenue:, Highland Avenue, and Elmwood Avenue. Further Be It Resolved: That the Common Council does hereby grant permission to Canisius High School to install a banner across Delaware Avenue from their property on either side from September 1, 2009 to October 1, 2000. f� �J 0001 Resolution Sponsor: Michael L.,oCurto RL: Permission to hang flags and lights along; Hertel Avenue Whereas: The Buffalo Common Council has designated Hertel Avenue between Delaware Avenue and Starin Avenue as Little Italy; and Whereas: In the month of July, Hertel Avenue hosts the Italian Heritage Festival, bringing people in from across the area; and Whereas: Hertel Avenue contains over twenty Italian restaurants, bakeries, cafes, pizzerias, beauty salons, shops, bars, nightclubs, and other stores along this area of the street; and Whereas: The Llertel -North Buffalo Business Association, together with the Italian Heritage festival has asked to fly flags and string lights across Hertel Avenue's Little Italy district from June I" to September 15"' 2009; Now, Therefore Be It Resolved: That the Common Council does hereby grant permission to the Hertel - North Buffalo Business Association to hang banners on light poles in Ilertel Avenue's Little Italy district between Delaware Avenue and Starin Avenue from .Tune I to September 15 2009 in celebration of Hertel Avenue and the City of Buffalo's Italian American's. Michael. LoCurto �� M / r I .. 4 00093 By: Mr. LoCurto, Mr. Kearns Re: Request for Information relating to the CDIXT Program Monitoring Report for the City of .Buffalo conducted by IJUD's Office of Community Planning; & Development WIIFXFAS: The City's administration has acknowledged receiving a copy of the Dept. of Housing & Urban Development ( "IIUD ") Monitoring Report for Buffalo's Community Development Block Grant ( "CDBG ") .Program on March 13, 2009; and WHEREAS: This monitoring report identified nineteen findings and two concerns in regards to various aspects of the City's CDBG program and, as a result, the City of buffalo may ultimately be compelled to reimburse HUD for inappropriate use of funds relating to its alleged: • Misuse of CDBG funds I r salaries that are appropriated under other Federal or non- Icderal programs (£'finding Number Five), • Charging of questionable staff costs to the CDBG program in the amount of $392,025.19 based upon an outdated Indirect Cost Allocation Plan (binding Number Six), • Charging of ineligible costs to the CDBG program in the amount of $29,416.67 for activities identified as Public Services (Finding Number Nine), Failing to retrieve program income and secure CDBG assets generated from expired Neighborhood housing Services ( "NETS ") sub recipient agreements (Finding Number Fourteen), Charging of'costs in the amount of $1,425,607.99 for city wide demolitions that were unsupported (Finding Number Fifteen), Charging of questionable acquisition /disposition costs to the CDBG program in the amount of $1,107,530.36 (Finding Number Sixteen); and WHEREAS: The Summary of Results and Conclusions within the monitoring report states that, should the City of Buffalo "disagree with any of IIUD's determinations or conclusions regarding this monitoring report, [the City should] address these issues in writing to this Department within 45 clays of this report. I 'he City's] written communication should explain [its] reasons why [they] disagree along with the supporting evidence and documentation "; and WHEREAS: The City's administration acknowledged this deadline in a public statement issued on March 28, 2009, in which it stated that "the city's Office of Strategic Planning is in the process of preparing its response to the findings cited in the Monitoring Report, which are due back to I4UD 45 days from the receipt of the report."; and WIII REAS: In a letter to the Mayor elated April 27, 2009, the Chairperson of the Common Council's Community Development Committee requested that a copy of any and all correspondence between the administration and I IUD regarding the issuance of HUD's monitoring report, including the response that as of March 28, 2009 was being prepared by the Office of Strategic Planning, be filed with the Common Council for review at its meeting scheduled for 'Tuesday, April 28, 2009; and L� WI1L?REAS: Upon receiving no response regarding the information requested in the Chairperson's letter, a resolution was subsequently adopted by the Common Council on May 12, 2009 restating the request that a copy of any and all correspondence between the City of Buffalo and HUD regarding the issuance of HUD's monitoring report, including any response prepared by the City, be riled with the Common Council before 4:30 pm, Thursday, May 14, 20109; and WHEREAS: The 45 days that the City was given to respond to the findings contained within IIUD's monitoring report have long since come and gone but, as of May 21, 2009, the City's administration has still not responded to either ofthe requests for information contained in the aforementioned letter and resolution; and WHEREAS: As a result of the City administration's failure to respond to these reasonable requests, the Common Council has been deprived of important information that it has needed to assess the budgetary impact of reimbursements that the City may be compelled to make to IIUD, which could have a several million dollar impact on City finances, in fulfilling its City Charter imposed duty to review the Mayor's Re corn mend ed 2009 -2010 Fiscal Year Recommended Budget; and WHEREAS: This failure to respond to these reasonable requests is a disservice and an embarrassment to the Common Council and the taxpayers of the City of Buffalo and has deprived elected officials of their ability to monitor and wisely allocate the spending of tax dollars. NOW, TH1?RI FORE BI; IT RESOI_,Vf'M: That this Common Council does hereby reiterate the request of the Chairman of the Community Development Committee and the Common Council, and directs the City Administration, to furnish to this Common Council for its review, all correspondence between the City of Buffalo and HUD regarding the issuance of HUD's monitoring report, including any response prepared by the City; and 13I3 IT FURTHER RESO.LVI?,D: That this Common Council directs its legislative staff to send certified copies of this resolution to the .Mayor, the Executive Director of the City's Office of Strategic Planning, and the local I JUD Field Office Director; and BE IT FINALLY RESOLVED; That if the information requested above is not filed with. the City Clerk within 413 hours of the adoption of this resolution, that this Common Council does hereby also direct the City's Department of Law to prepare a subpoena to obtain the information cited herein pursuant to the powers granted to the members of this Common Council by City Charter Section 3 -7(o). Michael J. Curto Chairman, ymmunity Development Committee Delaware District Council Member Michael P. Kearns Chainnan, Finance Committee South District Council Member ADOPT RESOLVES THE REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT 000 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. Governrrrent 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 monies on to and utilizes the services of, the Buffalo Urban Renewal Agency (BURR) to administer this funding;; and WHEREAS: BURA administers the CDBG funding that it receives using various sub- contractors such as the Buffalo Economic Renaissance Corporation (BhRC) 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 infot`m.atio.n for individuals who provide services to the City and arc paid from CDBG funds; and WHEREAS: It has recently been discovered that numerous individuals are being, compensated by the City of Bul�"falo, 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 / exempt position are required by the terms of their employment to be on -call twenty four hours a day, seven days a weep and three hundred sixty five days per year (24/7/365). This begs the question as to how these individuals can perform the duties associated with other positions for which they arc 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 time in the event an individual. is on paid leave on the same day for multiple positions literally resulting in them being numerous times for the same work day while doing no work at all; and 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 on a pro -rata basis between each organization; and 1hO PT- WIIEREAS: The infortnation 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 Unitcd States Department of Housing 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 immediately fled with this Common Council for its review at its text Common Council tnecting scheduled for June 23, 2009: Rationale for justifying the need (or two separate salaries for each of the positions classified as dual- eunploytnent (e.g.: for any individual employed simultaneously by the City, BURA, BCRC or any agency or entity receiving City and CDBG based funding), The Job Specifications and /or .lob Duties, minimum 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 ernployer. BE IT FURTHER RESOLVED: That this Connnion Council hereby directs that certified copies of this resolution be directed to the City Administration, it's .Departments of I- Iuinan Resources, Community Services, Corporation Counsel, and Audit and Control as well. as BURR, 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 oil Cotniriunity Development for further action and follow -up. a Michael J :.,oCurto ichael P. Kearns Delaware District Council Member South District Council Member David .A. Rivera Niagara District Council Member Richard A. Fontana�� � - Lovejoy District Council Member tl �i % . y!l No. By Mr. Smith Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Master Sergeant Wayne M. Green By Councilmember Brian Davis Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam. for By Councilmember In Memoriam for By Councilmember ADOPTED ; !! r June 9, 2009 TitU Of �IY�FIIII Tontittalt Touttrit At the regular meeting of the Common Council of 'the City of Buffalo, held on Tuesday, May 26` 2009, the following resolution was unanimously adopted, sponsored by Councilnrember Brian C. Davis: Whereas: Master Sergeant Wayne M. Green, a lifelong resident of Buffalo, New York, attended Buffalo Public Schools # 16, # 27, # 39 (formerly known as Dr. Martin Luther King Jr. Community School) and Burgard Vocational High School before joining the Army in 1983 at age seventeen; and Whereas: After three years oJ'military service, Master Sergeant Green returned home to pursue a college degree and, in 1987, became the first African American to be elected President of the Student Senate at Alfred State College where he received a dual Degree in Automobile and Heavy Truc andDiesel.Repair. He later . 'went , on to receive a Bachelor Degree in Political Science from Austin Peay State University; and Whereas: Over the course ofhis military career, Master Sergeant Green has attendedAtr:A ' uli School, Battle Staff School, German Sniper /Counter Sniper School, Equal Opporiunity School,. and completed the USArmy Instructor Course, Combat Life Savers Course, Jungle xpert Courst Ueser7 Expert Course, Primary Leadership?Developrl onl Course andAdvance Noncommissioned Officer.Cn.urse; and Whereas: Master Sergeant Green has :received numerous awards, metals and badges for his::ini litary service treluding the Presidential Unit Citation Award; National Defense Medal, Korean Defense Medal, Army:Good Conduct Medal, Kosovo Defense Medal, Kuwait Campaign Medal with Battle Stars, Afghan Campaign Medal with �ervtce`Stars :Global War on Terrorism Ex ieditiorrrtry Medal, Global War on 7 errorism Service Medal, Kuwait Liberation Medal NATO Medal, Combat Action Badge .®river /,Mechanic Badge, Air Assault Badge, and has been recognized as a0 utznsnares (Weapon Expert)and;USA,r _JW apon Exert Marksman; and Whereas: Master Sergeant Green.saw combat in Saudi Arabia/ Kuwait (Desert Storm) from 1989 1990, Kosovo from' 2 0 00 - 2001, Iraq from 2003 , - .2004 and from 2005-2006 and Afghanistan from 2008 to the present, and has led. troops as a Platoon Sergeant, Squad Leader Seetion Leader, Battle Captain, Motor Sergeant, Maintenance. CJfficer and Ground. Safety Officer; and Whereas Master Sergeant Green has been a member ofseveral Masonic lodges throughout.the world serving as 4ssr'stant District Deputy Grand Master District 15 in Oklahoma Jurisdiction and Worshipful Muster for ten consecutive years in Darmstadt Germany, and has been active with the Prince Hall Masonic Lodge since 1983; and Whereas: Master Sergeant Green attributes many of the positive choices he has made in his life, tncludtngl is decision to pursue a military career,. to the guidance, strength and support he has received from people such as. his Aunt Dorothy, Uncle Woody, Mrs, Katie May Dav is, AI and Jean Hoffman, Wilma. Mack, Donald Mack, ;:Sharon Gossum, his favorite'Y and 6 grade teacher- Ms. Sharon Tarasowski, his brothers and sisters, and his parents. Now, Therefore, Be It Resolvers: ` That the Common Council oftlre City of Buffalo pauses trysts deliberation t join family and friends in paying tribute to Master Sergeant Wayne M Greets, who will be honored on Jun e:6 " 2009at the Creeks de Banquet Hall at six o'clock, and asks" that the Lord bless him by granting him many more years of good fortune; and Be it Further Resolved: That the Common Council does hereby declare Saturday June 6` 2009, to be " S ERGEANT W AYNE M. GRF•t;'N DAY" in the City of Buffalo Brian C. Davis Ellicott .District Councilmember Gerald Chiv ins r City Clerk 003 BY: DEMONS A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Johanan G. Calcano Susan Pilat Dawn M. Kurcz David Rodriguez Janis Borman Arthur Eve, Jr. TOTAL 6 F I O ~ 67-1 BY: DEMONE A SMITH 1 %' 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: Thomas J. Mawr Timothy M. Wroblewski Russell T. Smith Elias D. Benavides Richard M. Gattone Paul H_ Riester Tracy McNerney Jeanette E. McLeod Peggy A. LaGree Daniel Pfohl Dale M. Hudson Emilie Rosenbluth Jillian M. Warner Jacqueline Hazzan Alan Wynia Jeffrey J. Quinn Stanley A. Jemioto, Jr. Emily C. Trimper Ross M_ Kostecky Patrick J. Ruffino Beth M. Salatka William Lobbins Richard Planaysky Sergio Rodriguez E. Marshall Wood, Jr_ John Sullivan Jared Jackson Tracy Witman Ellen Noratius Daniel R. Aikin Andrew J. Kowalski Joshua Wroblewski Andrea Eve Pomaranski Tracey Reyes Christopher E. Knospe Adam Dotzler TOTAL 36 ADOPTED 0OeD 0 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13` floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Tuesday, June 16, 2009 at 9:45 o'clock A.M. Tuesday, June 16, 2009 at 10:00 o'clock A.M. Tuesday, June 16, 2009 at 1:00 o'clock P.M. Tuesday, June 16, 2009 at 2:00 o'clock P.M. (Public Disclaimer All meetin s are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification it will. be provided. In addition there mav be meetin s set a wherpb the C ty Clerk's Office is not made aware therefore unless we receive notice from the res ective Chairmen we can onl make notification of what we are made aware. 00 Im Adjournment r On a motion by Mr. Fontana, Seconded by Mr. KTanrs, the Council adjourned at` � } GERALD CHWALINSKI CITY CLERK June 9, 2009 r} All lterns Relating To 1.) Mayor's Budget Recommendations 2009- 2010 Yours very truly, David A. Franczyk j4he (�OaxztciZ CITY OF BUFFALO Mr. Gerald A. Chwalinski City Clcrk 1308 City I ]all Buffalo, New York Dear Mr. Chwalinski: May 14, 2009 Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilrnernbers, dated May 14, 2009 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Cornell Chambers, City hall, Buffalo, New York, oar Thursday, May 21, 2009 at 2:00 P.M. (.or the following puposes: To receive and take appropriate action on : President of the Council May 14, 2009 Mon. David A. Franczyk. President Common Council 1315 City 1 ]all Buffalo, New York Dear Sir: WE, the undersigned, ine;mbers of the Common Council, hereby request that you call a Special Meeting of the Common Council, 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 Relating To 1.) Mayor's Recommended Budget 2009 -2010 We request that this Special Meeting; be held on May 21, 2009 at 2:00 P.M. A�.�� 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 .IOSETH GOLOM13EK MICHAI I, LOCURTO BONNIE F'. RUSSELL RIC:I -IARD FONTANA MICLIAE'L KEARNS DAVID A. RIVERA DEMONS SMITH hereby states that he/she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on May 21, 2009 at 2:00 PM On this 14th day of May 2009, before me, the subscribers, personally appeared To me known. to be the same persons described in and who executed the fioregoing instrument, and they duly and. severally acknowledged to nic that they executed the same. ' t f l j , , 1 Z /' Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/10 STATE, OF NEW YORK COUNTY Of ERIE) ss: CITY OF BUFFALO) GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics WILMER OLIVENCIA, JR. Deputy City Clerk DIANA Rico Deputy City Clerk Vital Statistics Registrar of Vital Statistics May 1.4, 2009 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 TO EACH MEMBER OF THE COMMON COUNCIL: OFFICE OF THE CITY CLERK YOU ARE I-IEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Comicilmenlbers, dated May 14, 2009, I)AViD A. FRANCZYK, ]'resident ofthe Common COUncil, has called a Special Meeting o.f the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 21, 2009 at 2:00 Y.M. for the following purpose: To receive and take appropriate action on all items relating to 1.) Mayor's Recommended Budget 2009 -2010 Yours very truly, Gerald A. 'hwalinski City Clerk No. Diseharge Committee of the Whole Mayors 2009 -2010 Recommended Budget (Item 2, CCP 5/1109) Mr. Fontana moved that Whereas, the above item. is currently tabled in the Connnittec ofthe Whole and, Whereas, it is no lodger necessary for this item to be considered by that committee, Now 'fhercfore fie It Resolved., that this Common Council does hereby discharge the Committee from further consideration of'this item, and it is now before the Common Council for its consideration. Seconded by ADOPTED. To THE 00MINION COUINIGIL.� DATE: 0511€312009 FROM. DEPARTMENT: SUBJECT: [:Amended Revenue Estimates [:2009 -2010 C� C� PRIOR COUNCIL REFERENCE: (1F ANY) Ex. (Itern No. xxx P�xx]x /xx By this coma unication I hereby amend my revenue estimates for the 2009 -2010 Budget as follows: Org - Object Title 10140015-340000 Charges for Services 10700010-335221 NYS Tribal Compact Agreement SIGNATURE DEP _F M FdT READ TITLE: Mayor From To Change $1,200,000 $ 0 - $1,200,000 $0 $ 1,200,000 +$1,200,000 City Clerk's Department BUFFALO May 21, 2009 HON. BYRWN W. BROWN MAYOR OF BUFFALO V _ T .1LIT'i Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 4 PASSED May 21, 2009 Amendments to 2009 -2010 Mayor's Recommended Budget Gerald A Chwalinski City Clerk ��,, IIIFIII��411 MAY 21 W N ?� Alto Ij No 2009 -2010 Budget Amendments Mr. Montana inoved to approve the attached amendments to the Budget. Seconded by OA r, ( `� r PASSED. SUMMARY OF COMMON COUNCIL CHANGES TO THE MAYOR'S RECOMMENDED BUDGET FOR FY 2009 -10 Mayor's Object Recommended Common Council Dept Function Object Org Code Cade Budget Revisions Approved Budget General Fund REVENUES, RESOURCES AND TRANSFERS -IN MaVora Revisions VARIOUS ... ..... . ................. ... ..... ........ . ........... ... V ARIOU S - VA RIOUS VARIOUS VARIOUS — -- $447,884, - - -- so - -- 5447.884,124 Adr .nstra.ion 8 - Charges for - Finance Parking Enforcement Services 16140015 340000 $1,206,000 - $1,20C,000' $0 Tribal Compact -- General City Genera! City Revenues Agreement 107C001D 335221 0` 20,0,0,00: 51,200000 -- TOTAL REVENUES, RESOURCES ANDS TRANS' __ — FERS -IN $44tr,084,124' 50 $449,0$4124 APPROPRIATIONS AND TRANSFERS -OU VARIOUS VARIOUS VARIOUS VARIOUS VARIOUS 537 9,235,388 S9 $379,235,388 Common Council — - -- -- - - Deletions Gerera. City Phlscei >aneous Cha fvl;scel €aneCUS C''a Gas 17213003 441 $4,000,006 - $1 E0,000 $3,850.0D0 Gerlerai C�ty Fringe Heatth Tsurence Benefits Fringe, eerefits Retired 17301002 421001 ._,._... ........................... -- 34.210,541' -75,000. 34,135,54; Gererai C €ty Fringe ...- ---.._ _._.._... ......,.. - - ° - -- - - - - Heath Insurance .. .........,. .. _..,_........ .................._. . . ....__...... Benefits Fr:rgeBenefits Active ,7301002 421002 28,476,060: - 75,C00� 28,395,W Generai City Fringe Group Dental Benefits Fringe BenefiEs Insurance 17301002 421004 2,180.000! 15,00,0; 2,,75,000 CommonCouncl LegislauveStaff Hour!ySaiary ` 1CKNC1 412C 185,000. - 13,733: 1 ,71,267 _ _... - bOmmon '.. council Additions Convac,ua; City Cierk ..._. .... City Cierk Services 10220fl06 - 434000 '. ... .,.. .__ -..__ 5 675,0,00 $315.000 $e90,60G Common Ceurcil __- ... ....... Cc, or G un member +3 Annual Sa a y 1G 04001 41 110 195 13,733 _ _ 13 ............ ......... .,..........._ - .- - - . - __......... ...._... .. .................. TOTAL APPROPRfATlONS AND TRANSFERS -O UT S44G.084,124' so' 5449,084,124 Common Council Approval of [Mayors Recommended 2009 -10 Budget 1 of 5/21/2009 � i *AYE* NO DAVIS FONT-ANA * '� FRANCZYK * * r - GOLOMBEK KEARNS * '� * * * LOCURTO RIVERA SMITH [___e_________ [ MAJ - 5 * 9 0 [ 213 d 61 [314 - 7 ] City Clerk's Department BUFFALO May 21, 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. 5 PASSED May 21, 2009 2009 -2010 Mayor's Budget as Amended Gerald A Chwalinski City Clerk MAY 2 1 2009 A VN 50Q� �fl Alto C"f 1j, No. 5 2009 -2010 Budget as Amended PASSED AYES - 8 NOES - 0 SUMMARY OF COMMON COUNCIL CHANGES TO THE MAYOR'S RECOMMENDED BUDGET FOR FY 2009 -10 Dept Mayor's Object Recommended Function Object Org Code Code Budget Revisions Common Council Approved Budget i General Fund REVENUES, RESOURCES AND TRANSFERS -IN MaVoral Revisions VARIOUS VARIOUS VARIOUS VARIOUS { VARIOUS $5447,884,124'', 50 $447,884,124 i — ..,,._. Administration & Finance Charges for ' Parking Enforcement Sarvices 16140015 340400 51,200.000', - 51,200,4001 $0 General City Tntal Compact General City Revenues Agreemen! 10700 335221 Oi 1,200,000'. $1,240,000 TOTAL REVENUES, RESOURC AND TRANSFERS -IN i i $449,084 SO, $449,084,124 APPROPRIATIONS AND TRANSFERS -OUT VARIOUS VARIOUS _ V ARIOUS VARIOUS VARIOUS $379,235,3B8 $379,235,388 .. _ _ _....._— Common Council Deletions General C1y Miscellaneous Charges Miscellaneous Char Gas 17213003 1 441001 54,000,000, - $150,400 $3,850,000 General City Fringe_', Benefis Health insurance '. FringeBeirsQs Retired #7301002 + 421041 34,210,541' 75,400 34,135,541 General City Fringe Benefits Health Insurance a Fringe Benefits _ A 17301002 421002 28,470,400, - 75,400. 28,395,0413 General City Fringe 1 Group Dental Benefits Fringe SeneMs Insurance 17301002 421004 2,190,000 - #5,600 2,175,000 Com mon Council - `. Legislative Staff Hourly Salary 10102401 412CO2 185,000!. - 13,7331 _ 171,267 — _ - - - -- i - -- — Common Council Additions -- C ily Clerk Contractual City Clerk Services 10220006 434000 ', - $675.000' $315,000; $990,000 Common Council ' Common Councilm ter #3 1 Annuai Salary 10 104001 1 411001 118.195 13,7 33' 131,926 TOT APPROPRIATIONS AND T RANSFERS -OUT $449,084,124: so: $449,084,124 Common Council Approval of Mayors Recommended 2009 -10 Budget 1 of 1 5/21/2009 jO *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA _.. ...... .__..______._.__�_ -_. -__ � * k [ MA1- 51 9 U [2/3 e 6 [ 3 / 4 - 7 No. Adjournment On a motion by Councilmernber Fontana, Seconded by IMI A � , the Council a4iourned at GERALD A. CIIWAIANSKI CITY CLERK