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09-0428-0416pp
I f CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, April 28, 2009 AT 2:00 P.M. Present David A. Franczyk, President of the Council, and Councilmembers: Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell & Smith - 9 Absent -None On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on April 14, 2009 were approved. DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [-------- - - - - -] [MA]- S] [ 2l3 - 6 ] [314- 7] *AY,,V* NO * * * * * * * 9 0 April 28, 2009 FROM THE MAYOR April 28, 2009 City Clerk's Department BUFFALO May 1, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, i present herewith the attached resolution item_ No. Appt BMHA Board of Commissioners (Shell) PASSED Apri128, 2009 Gerald A Chwalinski City Clerk N qn Q (60i SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: April 16, 2009 FROM: DEPARTMENT: 03 -0 Mayor SUBJECT: [: Appointment - [: Buffalo Municipal Housing Board of Commissioners PRIOR COUNCIL REFERENCE: (IF ANY) Ex. k Item No xxx C.C.P. xxlxx /xx Pursuant to New York State Public Housing Law § 30, 34 and 404, 1 hereby appoint Jason C. Shell, 489 Delaware Avenue, Apt. 3, Buffalo, New York, 14202 to serve as a member of the Buffalo Municipal Housing Authority Board of Commissioners, commencing immediately and expiring October 19, 2013. Jason Shell currently serves in the position of Intergovernmental Affairs Coordinator for the Buffalo Sewer Authority. I hereby certify that Jason C. Shell is fully qualified to serve as a member of the Buffalo Municipal Housing Authority Board of Commissioners. NATURE DEPARTMENT HEAD TITLE: Byron W. Brown, Mayor R .. f;, i o')J Mr. Fontana moved: That the above communication from the Mayor dated April 16, 2009, be received and filed; and That the appointment of Jason C. Shell, residing at 489 Delaware Avenue as a member of the Buffalo Municipal Housing Authority Board of Commissioners, commencing immediately and expiring October 19, 2013, be and hereby is approved on the condition that they do not owe any outstanding liens to the City of Buffalo. Passed MAY 1 ; 2099 1 TAB:rmv TAwp601mswordlrmv\l e4- 28a.dor I *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEA.RNS LOCURTO RIVERA RUSSELL * sq 1VlAAI -A. r c , [MAJ- 5] 9 * p [213 P 6] [314 - 7) #4 (R.ev 7 -07) 0 1. l Certificate of Appointment 91 Compliance with provisions of Section 24 -.2 or the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, l transint this ccrti5ca60n of appointment(s) ol promotion(s). f further certiry that the person(s) named in Schedule "A" have been certified or approved by the tAunara RC30nrCCS1CiV J Service fur the Appointment Effective; APRIL 20, 2009 in the Department of EXECUTIVE L)ivisiott of MAYOR to the Position of SPECIAL ASSISTANT TO THE DEPUTY MAYOR Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) EXEMPT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (tinter Starting Salary) : Starting Snlaty of $ 39,1 91. LAST JOB TITLE NAME Bartholomew Roberts LAST DEPARTMENT DATE ADDRESS 539 Norwood Avenue LAST SALARY CITY & ZIP Buffalo, NY 14222 LAST 4 DIGITS OF SSN. XXX -XX -4350 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP L AST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10301001 TITLE CODE NO 5903 BUDGET ACCT. OBJ, 41 1001 PROJ. ID PERSONNEL REQ. NO 2008 -124 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT" ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: BYRON W. BROWN TITLE OF APPOINTING. AUTHORITY: MAYOR L 20, 2009 SIGNATURE OF APPOINTING AUTHORITY: _ Ln 1 . ORIGINAL + 2 COPIES TQ:_ CITY CLERK O_N1BEF RE AF?POINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4 HUMAN S�RVIOEe% IVIL SERVICE #5- BUDGET kZ #6- DEPARTMENT #7- DIVISION " #8- ftMf'I.OYEE(S} L FROM THE MAYOR - EXECUTIVE DEPARTMENT April 28, 2009 FROM THE CITY PLANNING BOARD April 28, 2009 000, 03 # 2 (Rev. 1/93) Multiple PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: April 23, 2009 �( C FROM DEPARTMENT: CITY PLANNING BOARD DIVISION: SUBJECT: [ : Oak Street Urb Renewal Plan Amendment [ : Planning Board Affirmative Resolution PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item. No. , C.C.P. ) TEXT: (TYPE SINGLE SPACE BELO The City Planning Board at its regular meeting held Tuesday, April 21, 2009, considered the matter captioned above pursuant to Section 511 -1.26 of the Buffalo Code, Urban Renewal. The City Planning Board voted to adopt the fallowing resolution: RESOLUTION OF THE CITY OF BUFFALO PLANNING BOARD Amendment to the Urban Renewal Plan for the Oak Street Redevelopment Project WHEREAS, the Buffalo Niagara Medical Campus ( "BNMC ") proposes to undertake the development of major new medical facilities at the north end of its campus complex; and WHEREAS, the City Planning Board desires to clarify the development process for the BNMC, as well as other contemplated development projects within the urban renewal area of the Urban Renewal Plan for the Oak Street Redevelopment Project ( "Plan "); and WHEREAS, to clarify the Plan, references to "the Commissioner of Urban Renewal' need to be changed; and WHEREAS, the Plan gives the Commissioner of Urban Renewal responsibilities such as reviewing development projects and determining their conformance with the Plan; and WHEREAS, subsequent to approval of the Plan, amendments to the City Charter eliminated the position of the Commissioner of Urban Renewal; and WHEREAS, to clarify the development process in the Plan and to protect developers, the Buffalo Urban Renewal Agency, and the City of Buffalo from litigation, the Plan requires an amendment; and WHEREAS, discussions among City Planner Andrew Eszak, Principal Planner Bill Grillo, and BURA Counsel Scott Billman have led to the suggestion that references in the Plan to the "Commissioner of Urban Renewal" be changed to "the Director of the Office of Strategic Planning or the Director's designee ;" and f � ) 2 - PAGE #2 (Rev. 1/93) TEXT CONTINUATION: (TYPE SINGLE SPACE BELOW) PAGE # 2 WHEREAS, pursuant to requirements of the Plan, the proposed amendment was sent to the U.S. Department of Housing and Urban Development did not find that the amendment was a "change in the basic element of the plan;" and WHEREAS, the Plan now requires the amendment be adopted by "resolution of the City Planning Board, by ordinance of the Common Council of the City of Buffalo, and by resolution of the Agency;" Now Therefore, Let It Be Resoled: 1. That with the authority granted to the City of Buffalo Planning Board in the in the Urban Renewal Plan for the Oak Street Redevelopment Project, the City Planning Board supports references to the "Commissioner of Urban Renewal" being amended to read "the Director of the Office of Strategic Planning or the Director's designee." James A. Morrreli, Chairman City of Buffalo Planning Board Adopted: April 21, 2009 5 Ayes 0 Noes cc: Councilmember Golombek (Rm. 1502) Asst. Corporation Counsel Tim Bali (11 Fl.) Planning Board Files TYPE DEPARTMENT HEAD NAME: James A. Morr.ell. TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: chairman V V_ & t wwa r. t� (2) 00004 State Environmental Quality Review Act Involved Agency Findings Statement Findings to Approve Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the City of Buffalo Planning Board as Lead Agency makes the following findings. Name of Action: Buffalo Niagara Medical Campus —North End Development Buffalo General Hospital Loading Dock Applicant: Kaleida Health SEQRA Status: Type 1, Positive Declaration Description of Action: Kaleida Health is proposing to reconstruct and reconfigure the loading dock for Buffalo General Hospital located on the south side of Goodrich Street between Ellicott Street and Michigan Avenue. Location: 100 High Street, Buffalo, New York Lead Agency: City of Buffalo Planning Board Agency Jurisdiction: Pursuant to §511 -145 et seq., the City of Buffalo Planning Board ( "Planning Board ") must conduct site plan review over construction projects which exceed $100,000 in costs. Date Final Generic Environmental Impact Statement Accepted: 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 January 14, 2009 RECEIVED AND FILED 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 End Projects. SEQRA requires state or local governments to assess the potential environmental impacts of their actions during the planning, review, and decision - making processes for those actions. The public (City County State) approvals and permits required for the individual BNMC —North End Projects constitute the "Action" subject to SEQRA. The intent of SEQRA is to ensure that governmental decision - making is a balance of social, economic, and environmental factors be considered and weighed in reaching decisions on proposed activities or actions. Therefore, Agencies must determine whether a proposed action may have a significant effect on the environment, and if so, prepare or request that an environmental impact statement be prepared. Pursuant to SEQRA, the City of Buffalo Planning Board determined that the Action was a Type I Action and sought and received concurrence from other Involved and Interested Agencies to be the Lead Agency. Then, on September 23, 2008, the Planning Board determined that cumulatively, the Projects may have a significant impact upon the environment and issued a Positive Declaration, requiring the Project Sponsors to prepare a DGEIS in accordance with the Planning Board - approved Scope. The Project Sponsors prepared and submitted the DGEIS to the Planning Board for review. On October 7, 2008, the Planning Board found the DGEIS to be in compliance with 6 NYCRR Part 617.9(b) and the Planning Board - approved scope, and made a determination that it was adequate to begin public and agency review. The DGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The subsequent public comment period began on October 7, 2008 and concluded on November 18, 2008. A public hearing on the DGEIS was held at the Buffalo & Erie County Public Library on November 6, 2008. Input from the public review process was received in the form of written comments to the Planning Board throughout the public comment period and as oral/written comments received during the public hearing. The Planning Board determined that all the comments should be addressed in the form of a FGEIS. After reviewing the comments, the Planning Board requested that the Project Sponsors prepare the FGEIS. Pursuant to 6 NYCRR Part 617.9(b)(8), the Planning Board reviewed the FGEIS prepared by the Applicants and determined that the FGEIS was complete on January 13, 2009. On January 15, the FGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The FGEIS addresses specific substantive comments raised during the public comment period and discusses mitigation measures which should be used to minimize potential negative impacts from the Projects to the maximum extent practicable. On April 3, 2009, Kaleida Health ( "Applicant" or "Kaleida "), pursuant to §S I I -145 of the Charter and Code of the City of Buffalo ( "Code "), submitted a Letter of Intent ( "LOI "), a Full Environmental Assessment Form ( "FEAF ") and other relevant exhibits to the Planning Board seeking Site Plan approval for its proposed Loading Dock for Buffalo General Hospital and the Global Vascular Institute. Kaleida has provided information in its LOI and supporting documents providing details as to the nature of design and construction of the proposed Loading Dock. The reconstruction of the Loading Dock is associated with the proposed Global Vascular Institute and reconfiguration of Goodrich Street to allow efficient truck access and delivery of supplies to both facilities. 2 E Kaleida Health is in the process of planning and constructing a multi -story building; the Global Vascular Institute at Goodrich and Ellicott Streets next to Buffalo General Hospital. As part of the Project there will be a connection of the two buildings and the current hospital loading dock will be eliminated. The area planned for the relocation of the Loading Dock is currently a secondary loading area used by the hospital at building C. The area is encumbered by a two -story structure; the former pharmacy building, which will be demolished in order to create the space required for the new loading dock. There is an existing waste compactor in the loading area as well. The hospital requires four active docks as shown and a dock dedicated for the waste compactor that currently exists in the loading area. The proposed design allows for five depressed loading docks and two at -grade loading doors to accommodate smaller truck traffic i.e. UPS, Fed Ex, and various food service suppliers. The building is planned to be a split -face block exterior in one area and brick to match the existing building. The split -block will be a color complimentary to the existing brick color. The overhang created for the shelter of the trucks will have a flat insulated metal panel construction, also in a color in keeping with the existing brick buildings behind the Loading Dock. The overhang will also have soffit lights in order to facilitate using the dock in the dark. This project is crucial to the hospital; the loading area will need to be functional well ahead of the construction of the GVI building. In order to maintain overall hospital loading functionality, the new loading area needs to be completed before the current loading area is taken off-line. When the proposed Loading Dock comes online the existing loading dock will be taken off-line to facilitate the construction of the GVI building. Pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ( "SEQRA "), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts. The Project Sponsors have prepared a Draft Generic Environmental Impact Statement ( "DGEIS ") and Final Generic Environmental Impact Statement ( "FGEIS ") for the entire North End Development on the Buffalo Niagara Medical Campus. Pursuant to the process set forth in the DGEIS, FGEIS and the Findings Statement, the Applicant has prepared and submitted to the Planning Board the aforementioned FEAF specifically for the proposed Buffalo General Hospital Loading Dock Project to assist the Planning Board in reviewing the potential impacts of this request. The DGEIS and FGEIS also specifically analyzed the potential impact of the reconfiguration of Goodrich Street to accommodate the new Loading Dock configuration for Buffalo General Hospital and the Global Vascular Institute, and found that the impacts were minimal. As such, the proposed Loading Dock for Buffalo General Hospital was fully analyzed as part of the Planning Board's SEQRA review as evidenced by its Findings Statement dated January 27, 2009. CONCLUSION After evaluating the potential cumulative environmental, economic, and social impacts of the proposed Buffalo General Hospital Loading Dock located at 100 High Street, City of Buffalo, State of New York, the City of Buffalo Planning Board is adopting a feasible, prudent, and practicable alternative which best balances environmental impacts with social, economic, and other essential considerations, which allows for mitigation of all environmental impacts to the greatest extent reasonable and practicable. Certification To Approve: Having considered the DGEIS, FGEIS, FEAF and the Findings Statement, and having considered the proceedings, facts, and conclusions relied on to meet the requirements of 6 NYCRR Part 617 {State Environmental Quality Review Act [SEQRAJ) the Statement of Findings certifies that: I . The City of Buffalo Planning Board has considered the relevant environmental impacts, facts, and conclusions disclosed in the DGEIS, FGEIS and FEAF and their supporting materials; 2. The City of Buffalo Planning Board has weighed and balanced the relevant environmental impacts with social, economic, and other considerations; 3. The City of Buffalo Planning Board has provided a rationale for its decision; 4. The requirements of Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]) have been met; S. Consistent with social, economic, and other essential considerations, from among the reasonable alternatives available, the actions to be carried out are those which avoid or minimize, to the maximum extent practicable, adverse environmental impacts disclosed in the DGEIS, FGEIS and FEAF; and 6. That adverse environmental impacts will be minimized or avoided to the maximum extent practicable by incorporating, as conditions to this decision, those mitigating measures which were identified as practicable in the Planning Board's Findings Statement dated January 27, 2009. Filing: The City of Buffalo Planning Board's designees are hereby directed to file and distribute this Findings Statement as required by Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]). Certification: These findings were adopted by majority vote of the City of Buffalo Planning Board at a duly called meeting held on April 21, 2009. City of Buffalo Planning Board Name�gency James A. Morrell ignature of Respo Bible Official Name of Responsible Officer Chairman Apri121, 2009 Title of Responsible Official Date City of Buffalo Planning Board, 901 City Hall, 65 Niagara ,Square, Buffalo, New York 14202 Address of Lead. Agency A copy of this notice sent to: New York State Department of Environmental Conservation New York State Department of Transportation New York State Department of Health New York State Office of Parks, Recreation and Historic Preservation Dormitory Authority of the State of New York New York State Office of Mental Health New York State Office of Alcohol and Substance Abuse Services New York State Board of Regents State University of New York Niagara Frontier Transportation Authority (NFTA) Eric County Department of Environment and Planning Erie County Department of Health Erie County Department of Mental Health Erie County Office of Alcohol and Substance Abuse Services Erie County Industrial Development Agency Emergency Services— Sheriff's Office Environmental Management Council City of Buffalo Department of Permit and Inspections City Water Department Buffalo Sewer Authority Street Department (Dept. of Public Works) Buffalo Fire Department Buffalo Police Department . Buffalo Urban Renewal Agency (BURR) City of Buffalo Common Council City of Buffalo Zoning Board of Appeals City of Buffalo Historic Preservation Board Environmental Notice Bulletin (ENB) (DEC) Erie Comity Department of Health 6 t � FROM THE OFFICE OF STRATEGIC PLANNING City Clerk's Department BUFFALO May 1, 2009 HON. BYOWN W. BROWN MAYOR OF BUFFALO I- - Pursuant to the provisions of Section 3 -19 of the Charter, l present herewith the attached resolution item_ No. 5 PASSED April 28, 2009 Strat Plan- Abandonment -Sale Portion of South Pierce (Lov)(hrg 4128) Gerald A Chwalinski City Clerk n �.. r r� # 2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL. FROM : DEPARTMENT DIVISION SUBJECT DATE: April 15, 2009 Strategic Planning Real Estate Abandonment and Sale -- Portion of South Pierce (Paper Street) 20' x 245' PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx /xx) TEXT: TYPE SINGLE SPACE BELOW The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. & Mrs. Daniel Derenda, 12 Dover, Buffalo, New York 14212 to purchase Z /9 feet of the easterly portion of South Pierce, a paper Street 30' x 245'. In 2002 the Common Council authorized the abandonment and sale of the easterly portion of South Pierce Street to the former owner of 41 South Pierce. The abandonment_ was not finalized when the former owner decided not to construct a home at the site. Daniel and Michelle Derenda purchased 41 South Pierce, a vacant lot 56'x 245', in order to build a two -story single family home. The Derendas also own an adjoining vacant parcel adjacent to 41 South Pierce, a non - buildable lot. The purchase of a X x�; 245' portion of South Pierce Street allows Mr and Mrs. Derenda more room for constructing a new home. Acquiring only a O'&idth leaves a 10' strip of the Paper Street in the City's name and provides public access to the Buffalo River. The Division of Real Estate forwarded the request to the Land Use Planning Committee, Division of Planning, Department of Public Works, Parks & Streets, Buffalo Sewer Authority, Fire, Police and the City Planning Board for their review and recommendations. The City Planning Board at their meeting of February 24, 2009 recommended that the City of Buffalo retain ten (10) feet of the paper street to provide public access to the city -owned land along the Buffalo River. The Division of Planning has also recommended the retention of the ten feet and that the property be sold subject to easements of record. The Department of Public Works has no objection to the abandonment and recommends that the official closing /abandonment of theme' x 245' portion of South Pierce will not become effective until the deed conveying title of the property is filed in the Erie County Clerk's Office and that the property is sold subject to easements of record. �1 FORM #2 --- page #2 TEXT CONTINUATION RE: Abandonment & Sale — South Pierce April 1, 2009 Also, attached to this communication is the SEQR Short Environment Assessment Form, which was prepared by the project sponsors and an internal review of SEAR applicability prepared by the Office of Strategic Planning, Division of Real Estate on behalf of the Common Council as an Involved Agency. The proposed abandonment is an Unlisted Action as defined by SEAR. The result of an initial project review is that the project as a whole will not result in significant adverse impacts on the environment. Please be advised that in accordance with Abandonment Public Hearing Statute, General City Law Chapter 21 of the Consolidated Laws, Article 3 Official Maps and Planning Boards, Section 29 Official Map Changes, it is necessary that your Honorable Body conduct a public hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Notice of Public Hearing to appear in the Buffalo News at least five days before your Honorable Body's April 28, 2009 meeting. Forwarded separately are the following documents: 1. Notice of Public Hearing for publication in the Buffalo News at least five days before the April 28, 2009 meeting of the Common Qouncil. 2. Negative Declaration for your Honorable Body's review and adoption prior to any action on this item. After the public hearing is held on April 28, 2009, and provided there are no significant objections, I am recommending that Your Honorable Body adopt the proposed Negative Declaration (Determination of Non - Significance on the Environment) for this undertaking, as per SEAR, for this project. The Negative Declaration must be approved as a separate action and must be approved prior to the approval of the abandonment and sale. FORM #2 — Page #3 TEXT CONTINUATION RE: Abandonment & Sale — South Pierce April 1, 2049 Secondly, I am recommending that should Your Honorable Body approve the abandonment that the Office of Strategic Planning be authorized to conduct the sale of the property in accordance with Article 27 -5 of the City Charter, Sale by Appraisal and file the results of negotiations and terms of sale with the Common Council for final approval. DEPARTMENT HEAD NAME: Carla Kosmerl TITLE: Director of Administration and Finance Office of Strategic Planning SIGNATURE OF DEPARTMENT HEAD r )1y CK:JPH CADocuments and ScttingsljhminonlLoeal Settingsl'I'empnrary late €net Fi1esl0LK241CC Item - SUllth Picice Akuidon (3).doc Appendix M fate envirartr ontai Quality Rovi SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS only 'AFIT 1. PFt0. ECj' 1W 1`C3F ftAT1QN { C 0 be C�ted b A �ii at �r� Lct ti ul - olj � .�,. - . t. Plpt.1CAt 73Pt3 R 2 PROJECT N"L Miche lle and Data Derenda Ab:tadantncat & Sale al'Postion Of 51541h Piml' 3. PROJECY LOCATION: bie Wr -CISE LOCATION (Stroud acictreas and rued In}gM'diOna. Pramift"I iandmar", sstc , ar Protiida map} AS x 20' seci.iat.I South Pic= Stxuet, City of Btiffala located Kt &qutjjtr=0st a dd of South Pierce next Ba fato Itivet. s. PROP06FOAC' ICtd rS; !,, E Now F1 t:xPwubrT �/Ii7t'�iTG il(isl•' $TR 661 6. f3FSCRII3E PROJECT BRIP -FLY. APP 11 it seeks the abandOnruenl told sale Of'a 245' x 2.Ce portiioll t)f Solttii picycz Slrecx as part of the construction Of a single- lramily home. 7. AMOUNT OP LAND AFFL0:I'1 0: Inilfally a.1 aete utElltltrtely 4.73 __ -- Aer a- WLL PROPOSED ACTION COMPLY M EXISTING ZONING OR aTHER L:YJUING LAND USE RLSIPIGTIONS? 0 Yes [] I`aa N nta, dew Melly 0, vv"AT IS PREEEW LANE) USE IN VIC NITT OF PROJEC'" f fj" lentlal E InduSUial �Cornmsrcial AgrtcuHure PtukfFOruat/Opa!tSpat� C1tI r Fmicet ix located in a Ye4ide11tial neighborhood, 1atid affictcd am currently vamt.tats thAt abut the ,Ifuffi' lo River- 10. WES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM, ANY OTHER GOVERNMENTAL AGENCY (FffoEEAAI<. STATE OR L (W I.i? f� l' Yes n No If YA Rd agrsncr (s) narrt� w(i parm#trapprav�Its: C ity of' HUMP) v0 parmm of E corwaac DcvC.1opme It, Pe nits & losj =t a Services; Oty of Suffala Plawing BOW 13. WES ANY ASPECT Of THE ACTION I (E A CURRENTLY VALID PERMIT OR APPW)VAL? O Ye8 O NO If YOG, to agenty(aj name and permilapprovala. 12. AS A RESI_10 Or PROPi3SED ACTION XMLL E1tl5T7NO Pt:.f KIrr1APPROVAL REOUIR8M001FiCAT10147 rl Yes �` tw CERTIQTHAT THE INFCI12I�EO PROvlDED ABOVE 13 TRUE TO THE BEST OF My 3QVtJIdV'� - EDC1E A rtrnvsponsnr naaPtrr: y �� t,.. f l r ` �.— r� I3aIQ: mi r vb 30, 2t9 if the action to in tho Coadal Area, and you are a stato agency, complete the Coastal Assessment Form before proceeding with this assessm OVER PART ii - H OPAC T ASSESS ivt N T (Tu be cuinplLfed by Lead Ageocy'/ A. DOE=S ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, c(aordinatea the review process and use the FULL LEAF 0 Yes ® No I3- WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN fi NYCRR, PART 617 -G? If No, a negative declaration may be superseded by another involved agency_ ❑ Yes Z No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE F=OLLOWING: (Answers may be handwritten, if legible) C1. E=xisting air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: No C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: No C4 - A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly; In a report commissioned by the City, the Buffalo Niagara Riverkeepers recommended that South Pierce remain an access point to the Buffalo River, but this report was never officially adopted by the City of Buffalo_ G5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: No C6_ Longterm, short term, cumulative, or other effects not identified in C1 -05? Explain briefly: No C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONME=NTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CI=A)? Yes [,(] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes F,( No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e_ urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitlyde. If necessary, add attachments or reference supporting materials_ Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA_ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determin Common Council . March 30, 2.009 . Name of Lead Agency David A. Franczyk Council President, City of Buffalo Print or Type Name of Responsible Officer in Lead Agency � Title f spc nsii Signature of Responsible Officer in Lead Agency Signature of Prepa ifferenI �, : { Rat S NOTICE OF PUBLIC HEARING Pursuant to provisions of the General Municipal Law, notice is a hearing will be held before the Common Council, Council Chambers, P.M. on April 28, 2009 on the following: hereby given that City Hall, at 2;00 To consider the abandonment and sale of a 20' x 245' portion of South Pierce Street to Daniel & Michelle Derenda in conjunction with building a new home. All persons will be given an opportunity to be heard at the meeting. Gerald A. Chwalinski, City Clerk CK:JPH: M C.,.r F I Mr. Fontana moved: That the above communication from the Department of Strategic Planning dated April 1.5, 2009, be received and filed; and g e,s That the City of Buffalo does hereby abandon A feet of the easterly portion of South Pierce, a paper street 30' x 245' and authorizes the City to sell such property pursuant to Article 27, Section 27 -5 of the Charter of the City of Buffalo; and That the Director of Real Estate negotiate with Mr. and Mrs. Daniel Derenda, 12 Dover, for the purchase of f ctof the easterly portion of South Pierce, a paper street 30' x 245'; and 4 76 That the Director of Real Estate report back to the Common Council with results of negotiations for -final approval. 5 TA13:rmv t:Iwp6D\inswordlrnrvl5c4- 28a.doc *AYE* NO * DAVIS * �` FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * '� RIVERA RUSSELL S [-------- - - - - -] [MAJ- 5] * 9 0 [ 2/3 6 [3/4 - 7 City Clerk's Department BUFFALO May 1, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 6 PASSED April 28, 2009 Strat Plan- contract Award -1318 Niagara St -Env Investigation & Cleanup Gerald A Chwalinski City Clerk r:> cn =x 0000 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: Dennis Sutton DIVISION: Planning PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: (TYPE SINGLE SPACE BELOW) DATE: April 28, 2009 i. DEPARTMENT: Office of Strategic Planning SUBJECT: Contract Award ' 1318 Niagara Street Environmental Investigation And Cleanup [: Item No. 33, C.C.P. 04/ 03/07 The City of Buffalo plans to undertake an Environmental Investigation and cleanup at the 1318 Niagara Street property. The project, is being done in conjunction with a New Fork State Assistance Contract (SAC) under the Environmental Restoration Program. The SAC will reimburse the City for 90% of the allowable project costs. The City is the current owner of the property. The City has advertised for, received and reviewed bids to undertake the Environmental Investigation, develop plans and specifications and provide oversight for the cleanup of the 1318 Niagara Street property. The received bids for the consulting services are as follows: Lump Sum • O'Brien & Gere $ 196,439.90 • CRA $ 171,253.50 • Benchmark Environmental $ 132,441.00 • Warren Panzer $ 111,985.00 ■ Barron & Associates $ 110,460.00 Panamerican Environmental $ 105,889.78 • GZA Geoenvironmental $ 90,035.00 URS $ 89,433.50 TVGA $ 86,200.00 • LiRo Engineers $ 70,365.00 It is understood that funds are available for this project from the City's environmental remediation bond account #31810006 -- 445100, Based on their qualifications, expertise and understanding of the project scope I respectively request that your Honorable Body authorize that the contract to undertake the Environmental Investigation of the 1318 Niagara Street property be awarded to LiRo Engineers, Inc. and to further authorize the Mayor to execute a contract with LiRo Engineers. TYPE DEPARTMENT HEAD NAME TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Brian. Reilly E � 0 Ov As '54 r SON .-k DELAVAN AV. SY A SY 63 9 9 C J qu7 REP 'o I l p Zv ON SurrAW SLIWER AUTHORITY AfEr_ SrA. rr� 5 Y n', n� p p n l dy PIE--NftE L D .4UrO JUNK YA AV o A Fpy 3,471 O 0 Li E � 0 Ov As '54 r SON .-k DELAVAN AV. SY A SY 63 9 9 C J qu7 REP 'o I l p Zv ON SurrAW SLIWER AUTHORITY AfEr_ SrA. rr� 5 Y n', n� p p n l dy PIE--NftE L D .4UrO JUNK YA AV o A Fpy 3,471 Map QLItput Page 1 of 1. iI J 3 httpaleric- gis.co.eric. fly. us /servlet/ cart i. cs ri. esrimap .F'sriirap ?ServiceName lo0V&CL.. 3/8/2007 J I n 5 ly13 - 54 OCLhv��V nV£ / i ( �3•.so I I �� � ,FIST J��2 UuVf f.O SCAICS (!F Fk CFVCA 1 � y+ - 1 —� -•- 12 1 { dd _,� i 1 ! V 27 C �tnnL � ' 10.1 50 e6.»I 1 so 14 P wr.' 1 � x El Y � i * t 2 k 1' 0 - LCGUA - oe a _�, o9y as - � to-- ae C IT � oil BUTFAI � Qdd �1 l a , t - DIES o. a -tn 1---�a otu -ta rs oxs 19 ovs as t.0 oL�tit nry iJF S7 101} �1.,7F, - u cn Lax - WV 6 K a ���� c it n DsK ( 99 OIj039 2 [off x:(51 A RL�C€7VATEGhI c SC LaI LsVeLV VnY ' - — -- .s[c f f Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated April 28, 2009, be received and filed; and That the Mayor be, and he hereby is authorized to award a contract to LIRo Engineers, Inc. to undertake the Environmental Investigation of the 1318 Niagara Street property, in the amount of $70,365.00. Funds for the project are available in the City's Environmental remediation bond account #31810006 - 445100. Passed. -, M AY l 1 2009 0 TAB:rmv t;hvp60lmswordlrmv16c4- 28a.doe 1\/ � DAVIS * * * _ * * FONTANA * * * * * FRANCZYK * * * _ * * GOLOM * * ' -- * - * * * * * _ * * LOCURTO * * * _ * * RIVERA * * * * * RUSSELL * * * * * SMI * * * _ * * * [_ ------------ > * * * - - - - [XYAJ-5l * � * � * ' - - - [2/3 - 6 ) * * * 3/4 71 City Clerk's Department BUFFALO May 1, 2009 HON_ BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 7 PASSED April 28, 2009 Strat Plat Report of Sale - 94 East (North) Gerald A Chwalinski City Clerk -13 ... r --- � i�d #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: April 22, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 94 East, 280.50' S Amherst Lot Size: 33'x 75' Assessed Valuation: $3,400. (North District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Carlos D. Gartin, 169 Dearborn, Buffalo, New York 14207 to purchase 94 East. Mr. Gartin owns and resides at 169 Dearborn, which is adjacent to 94 East. He intends to use the vacant lot as additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($.45) to One Dollar ($1.00), per square foot. The report of sale is that Mr. Gartin has agreed and is prepared to pay One Thousand Nine Hundred Dollars ($1,900.00), Seventy Five Cents ($75) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. am recommending that Your Honorable Body approve the sale of 94 East to Mr. Carlos Gartin in the amount of One Thousand Nine Hundred Dollars ($1,900.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CARLA A. KOSMERL TITLE: DIRECTOR OF-ADMINISTRATION & FINANCE OFFICE OF ,iTRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: CAK:JPH:ck c ResnegNeasUre �z �31 `-V Q� i r z . W � 0 P/H ° k 1 VIQ 1� 3 ,1 0, JI v I A- �li � p N �p Q �J 11 Say Il r JONN O W ea~ or g ung r rexf>• wy�,r "tilt ✓5 ,0 i k j iii %�� va i �va. rsr/ IY r r - SY r R P/H ° k 1 VIQ 1� 3 ,1 0, JI v I A- �li � p N �p Q �J 11 Say Il r JONN O W ea~ or g ung r rexf>• wy�,r "tilt ✓5 ,0 i k j iii %�� cr * * *AYE* y�� DAVIS * * _ * * * * FONTANA * * * * * * FRANCZYK * * _ * * * * * * _ * * * * KEARNS * * _ * * * * LOCURTO * * _ * RIVERA * * * * * * RUSSELL w * * SMITIT * * * * * * [_- * * [NUJ- 51 * 9 _ � _ * * * [2/] - 6l [ 3/4 - 7 l —�7'-^7i_ FROM THE COMPTROLLER April 28, 2009 000 d S TO: THE COMMON COUNCIL FROM: THEI DIIPAR"tMFNT OF AUDIT & CONTROL April 22, 2009 SUBJECT: Audit Report City Recycling; Program 1/1/2005 -- 5/31/2008 We have performed a review of the City's Recycling; Program as instituted by the Department of Public Works, Parks & Streets for the period of January 1, 2005 through May 31, 2008. The Department in large part oversees the works o ' a contract vendor, Allied Waste Services of North America, LLC ( "Allied "). We present here our conclusions, as well as other such findings as we believe are appropriate. It was the objective of this Audit to review the procedures followed by the Department and Allied during; the audit period in order to monitor contract compliance, the accuracy of information being utilized and the efficacy of the City's recycling program. By making on -site visits to Allied's processing facilities, reviewing pertinent operational documents and records, and interviewing; critical parties, we were able to assess the condition of the City's recycling effort. The City's relationship with Allied has been largely successful and the operation is satisfactory. The City's agreement with Erie County should be closely examined to determine whether there are greater opportunities to enhance and expand the City's recycling efforts. Our findings and recommendations are explained in greater detail in the attached Audit Report. An exit conference took place on April 22, 2009. The Department agreed with many of the findings and is proactively taking steps that are consistent with this report. Commissioner Stepmak and his staff have been very cooperative with the development of this audit and their professionalism is greatly appreciated. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. DEPARTMIN'I' IIEAD 'IT 'L l"': SIGNXIURE: Andrew A. SanFilippo Comntroller REFERRED TO THE COMMITTEE ON FINANCE AND DEPARTMENT OF PUBI JEC WORKS !) t l CITY OF BUFFALO DEPARTMENT OF AUDIT & CONTROL .AUDIT REPORT ON THE CITY'S RECYCLING PROGRAM ANDREW A. SANFILIPPO COMPTROLLER FOR THE PERIOD JANUARY 1, 2005 through MAY 31, 2008 DARRYL McPHERSON CITY AUDITOR 1` APRIL 2009 /f '1 BACKGROUND Recycling ,'Vervrces and Contract Background The City of Buffalo (the "City ") first entered into a contract with 131 Waste Systems of North America, Inc. ( "1314 ") on July 6, 2000. There was no cost to the City for receipt of comingled recyelables at F311's material recovery facility. BFI further agreed to pay the City a five dollar ($5.00) per ton rebate in any month when the average price for recycled newspapers exceeded sixty -five dollars ($65.00) a ton. 131 also agreed to pay quarterly allocations of $18,750.00 ($7.5,000.00 yearly) to be used to promote the Buffalo Recycling Program. On April 24, 2002 the City received bids for a new contract for recycling. Under the terms of this agreement, the City subcontracted recycling operations. BFf was the low bidder. The yearly cost to the City was $1,569,203. Under the terms of this contract, the City agreed to allow BFI to utilize the City's recycling vehicles. BFI agreed to insure and maintain the vehicles. The use of BFI's employees was allowed through a Memorandum of Understanding between the City and AFSCME Local 264 AFL -CIO dated December 10, 2002. The initial term of this contract was five years with options for renewal, The contract was again amended May 3, 2005. It was agreed that the City would receive $10.00 per ton for recyclables delivered to a facility owned by Allied Waste Services of North America, L,LC ( "Allied Waste Services" OR "Allied "). The City was guaranteed to receive an increase should Allied reach agreement with any other municipality, town or village in Erie County for a higher rate. All other terms of the contract remained in effect. On May 18, 2005, the City agreed and accepted the assignment of the contract to Allied Waste Services. The City and Allied. Waste Services agreed to enter into a one -year renewal contract for the period July 1, 2007 to .tune 30, 2008. There was an increase; in the unit price cost resulting in a revised monthly total for the contract of $ 147,374 and the annual cost $1,765,492. All other provisions remained the same. This amended agreement can be renewed at the City's option for an additional two year terra expiring June 30, 2010. Pursuant to the action of the Common Council in Item No. 74 of its Proceedings of June 10, 2008, the contract between the City and AIlied Waste Service was extended for an additional two (2) years through June 30, 2010. Inter - Municipal Akreement On March 18, 2003 the City entered into an inter - municipal agreement with the County of Erie to administer a State grant for Municipal Waste Reduction and/or Recycling Project. "phis agreement was Cftective until December 31, 2006 with an option to extend. The option to extend the agreement for one year was exercised by the City and County of Erie for the years 2007, 2008 and 2000. The New York State Department oFl nvironmental Conservation agreed to allocate a total of up to $179,677 to fund the initial three years (2003 -2006) and renewable years of the agrectnent with the City and the County of Eric providing a local match of $179,677. The City is required to allocate $35,000 annually as its part of the local match and the County of Erie allocates $24,893 annually as its share of the match. The purpose of the agreement is to outline duties and responsibilities of the County of Erie and City concerning the implementation and funding of a recycling education project. Highlights of the agreement are as follows: (1) the Recycling Coordinator shall use Buffalo City Hall as a primary place of employment for a minimum of two (2) days per work week. The salary of the coordinator is set at $48,158 plus $20,226 for fringe benefits; and (2) bi- weekly progress reports are to be provided to the Commissioner of Public Works, Parks & Streets to assess the progress of the program. The goal of the project is to increase recycling waste Citywide .from the present rate of 6.5% (1997) to 12% by the end of the original grant, which ended December 31, 2006. Other goals include increasing recycling at schools, the Buffalo Municipal Housing Authority, government offices, multi -unit apartments and businesses. As a means of attaining the aforementioned goals, a recycling incentive program for City residents was to be established. Audit Findings and Recommendations Recycling Rate Using revenues as a basis, as there currently is no definitive tracking of actual pick -up participation percentages, there was a drop of approximately $20,000 from 2006 to 2007. The revenue for the period audited in 2008 shows a slight increase from 2007, but still below 2006, as shown on the graph. Requests for information regarding the percentage of citizen participation showed a wide discrepancy depending on the source. The Recycling Coordinator gave us a "best guess" of 40 %, Allied Waste Services estimated 50% and the Buffalo News reported no more than 33 %. During the course of our audit, requests for documentation of rates went unanswered. Recycling of city waste citywide, which was reported on .July 14, 2008 by the Buffalo News as being about 9%, is lagging well below expectations and appropriate measures should be taken to increase participation. This would benefit the City as increasing revenues help offset the expenses which are fixed by contract, reduce garbage tonnage, as well as improve our environment for current and future generations. We recommend the development of a better model to statistically track household participation, so the City can best determine what level of investment in recycling is required. There is an interest in recycling, but more reliable data is necessary to verify which cfforts are successful and identify which areas ofthe City could use more attention. r 2006 2006 2007 2008 Revenues $ 47,700.00 $ 99,822.40 $ 79,824.50 $ 78,318.75 Expenses $ 1,569,202.00 $ 1,569,202.00 $ 1,569,202.00 $ 1,768,491.00 Advertising (promotions) Finds Are Not Being Utilized Properly. Our examination of the $75,000 annual payment made by Allied Waste Services to the City for advertising (promotion) of Buffalo's recycling program shows that the majority of the monies were spent on the purchase of recycling bins. Of the $116,276 expended for years 2006 and 2007 only $4,821 was for recycling kits, bags and brochures provided to the citizens of Buffalo. In conjunction with the lack of advertising; (promotions), revenue for this same period decreased from $99,822 in 2006 to $79,825 as of May 2007. We recommend the following actions to increase collection rates. the City consider instituting a recycling incentive program, consider increasing the types of materials that can be recycled and implement a model recycling program in City Hall and City owned buildings. In addition, the City should make a concerted effort to increase consumer and commercial awareness of the importance of recycling, present opportunities to recycle at City parks, community events, etc. and explore the feasibility of a mandatory recycling program. These measures can be enhanced significantly if the $75,000 intended for promotional activity is actually dedicated for that purpose. A citywide tracking system should be instituted to allow monitoring of recycling participation by district, which in turn would allow intensive targeting of those areas where participation is below standard collection rate and insure that funds are being; efficiently used and directed to those G q K am rys 2006 2006 2007 2008 Revenues $ 47,700.00 $ 99,822.40 $ 79,824.50 $ 78,318.75 Expenses $ 1,569,202.00 $ 1,569,202.00 $ 1,569,202.00 $ 1,768,491.00 Advertising (promotions) Finds Are Not Being Utilized Properly. Our examination of the $75,000 annual payment made by Allied Waste Services to the City for advertising (promotion) of Buffalo's recycling program shows that the majority of the monies were spent on the purchase of recycling bins. Of the $116,276 expended for years 2006 and 2007 only $4,821 was for recycling kits, bags and brochures provided to the citizens of Buffalo. In conjunction with the lack of advertising; (promotions), revenue for this same period decreased from $99,822 in 2006 to $79,825 as of May 2007. We recommend the following actions to increase collection rates. the City consider instituting a recycling incentive program, consider increasing the types of materials that can be recycled and implement a model recycling program in City Hall and City owned buildings. In addition, the City should make a concerted effort to increase consumer and commercial awareness of the importance of recycling, present opportunities to recycle at City parks, community events, etc. and explore the feasibility of a mandatory recycling program. These measures can be enhanced significantly if the $75,000 intended for promotional activity is actually dedicated for that purpose. A citywide tracking system should be instituted to allow monitoring of recycling participation by district, which in turn would allow intensive targeting of those areas where participation is below standard collection rate and insure that funds are being; efficiently used and directed to those i areas where increased targeting of participation is needed. Truck weigh -in tickets should provide a basis for tracking. " Allocation of grant monies We found that approximately 57% of the total grant monies were allocated for the salary and fringe benefits paid to the Recycling Coordinator over a three year period. The budget is shown below for the term of the lease agreement which is from January 1, 2007 to December 31, 2009. Schedule A - Project Description and Budget - continued Attachnrcnt to Contract 0302847 between NYSD C; and the Caurrty Of" l;rie Item Salary of lull tame Recycling Coordinator $144,473.00 Fringe Benefits (42 % of salary) 60,679.00 1 Costs 0 4 BrOclltires 57,002.00 l3us placurds and billboards 27,000.00 Promotional items 6,000.00 rFravel cost to one recycling conference per year 4,500.00 Equipment (must be pre- approvcd by DEC 1,200.00 Clerical office supplies are not considered eligible for grant funding Recycling Website 14,000.00 Broadcast iriedia 27,500,00 Recycling Display 8,000.00 Print Advertising 9,000.00 Total Cost State Share (56% of eligible cost) 359,35 -4.00 179,677.00 We recommend that the City consider the merits of hiring of a full -time recycling coordinator who would report directly to the Commissioner of Public Works, Parks & Streets. As of December 31, 2009, the City could opt to terminate its participation in the Inter --- Municipal Agreement and divert funds that are provided to the County as the City's snatching share of the agreement to the implementation of an aggressive city waste recycling program directed by the City's owrORecycling Coordinator. J If the Recycling Coordinator were dedicated exclusively to the City of Buffalo, the City could exercise greater control over the duties of the person, which would require better understanding of City -based concerns. The City could stress stronger interaction with the City School District and more closely and aggressively promote the City's recycling agenda. A plan developed by the City's Recycling Coordinator should include a statistical analysis of recycling in each district of the City and an aggressive advertising campaign could be waged to target those areas found to be lagging. As of May 1, 2008, $240,711 was available for advertising and promotions. A goal of the Recycling Coordinator would be to increase citizen participation in recycling which in turn would increase revenues for the City of Buffalo and lower costs both financially and environmentally through reduced garbage tonnage and use of landfills. A sufficient increase in revenues could then offset the cost of the coordinator. Preventive Maintenance We recommend that the City periodically perform a physical examination of vehicle repair and service orders maintained by Allied Waste Services to ensure that proper maintenance and servicing of City vehicles being used for recycling is being performed. Currently, the City does not perform any examination of vehicle repair or service orders which would provide a preventative measure to ensure that the vehicles are being maintained properly. While the maintenance records are available, they are not regularly inspected, and the City should do so. Otherwise, Allied operates a safe, clean recycling; facility. The vehicle repair and maintenance facility was found to be orderly with vehicle records up to date. Daily Log Sheets Daily log sheets maintained by Allied Waste Services drivers provide documentation that City vehicles provided to Allied for recycling; pickups in the City of Buffalo are being used solely for that purpose. Previously, City vehicles were used to collect materials in the suburbs. Written permission to continue this procedure was not granted by the City and this practice was discontinued last year. We recommence that the City periodically perform a physical examination of driver log sheets to verify that the logs are being; maintained and can be provided as a source: document to the City to verify that the policy of "City vehicles for City use only" is in effect at all times. Disposal Weigh Tickets The Department of Public Works, Parks & Streets is responsible for the accuracy of payments received from Allied Waste Services for the pickup of recyclables ($10 per ton) and payment of invoices submitted by Allied Waste Services for recyclable pickups. Our audit included the testing; of'] 59 weigh tickets. Tonnage reported by Allied Waste Services was compared to the i actual weigh ticket for accuracy. The test revealed that the tonnage: reported by Allied agreed with the weigh tickets and the amount paid per ton ($10) by Allied to the City. We recommend that the City request that copies of disposal weigh tickets be submitted along with the monthly payment. "These tickets should be reconciled by the Department of Public Works, Parks & Streets to ascertain the accuracy of the payment. In regards to payments processed by the City to Allied Waste Services for monthly pickups of recyclables, documentation listing the total tonnage by category should be submitted with the invoice. The above information should be maintained and filed by the Department of Public Works, Parks & Streets and be available for audit review. Conclusion We conclude that the City of Buffalo's participation in the Inter- Municipal Agreement with the County of Fric for recycling; and waste reduction should be considered for termination at December 31, 2009. The City should consider using, the $35,000 in matching funds paid to the State of New York For participation in the Inter- Municipal Agreement to create an administrative position to develop and administer an aggressive recycling program. This administrator would be located in City ITall and report directly to the Commissioner of Public Works, Parks & Streets. . The $75,000 annual payment received from Allied Waste Services to promote the financial and environmental benefits ofrecycling should be considered to be used to aggressively target areas with low recycling participation in the City. Citizens o1`Buffalo as well as businesses located within City boundaries should be educated to increase awareness that increased recycling will bring; additional revenue to the City as well as reduce the impact on landfill space. The option of instituting a mandatory recycling program should be explored by the recycling administrator and City Officials. The financial data we examined was accurate and in agreement with City records maintained by the Departinent of Public Works, Parks & Streets, although additional supporting data related to monthly tonnage payment should be provided on. a regular basis going; forward. AFTERWORD On April 22, 2009, the Audit team met with representatives of the Department of Public Works, Parks and Streets. They had previously received a copy of this audit and reported that they found it to be helpful and fairly accurate. They are in the midst of preparing a Request for Proposals to revamp the City's current recyclin i 'I,} st E� e department was ver y cooperative in the preparation of this report and their j 4 fes ion lism is duly noted and appreciated. A formal written response to the audit wgl air 4ed shortly. FROM THE PRESIDENT OF THE COUNCIL April 28, 2009 TO: Mayer, City of Buffalo _ Comptroller, City of Buffalo l f <. � V�. All Department Heads, City of Buffalo � .r� � Buffalo Municipal Housing Authority Buffalo Board of Education Erie County Board of Elections Taxpayers of the City of Buffalo The City of Buffalo Common Council hereby announces its schedule of Meetings and Budget Hearings to be held in the Council Chambers on the 13 floor of City Hall during the period of May 1 through May 12, 2009, The schedule can also be found at the City of Buffalo home page at http: //Www.city-buffalo.comn The Council's Budget Hearings provide a public forum for review and comment on presentations by city departments and allied agencies relating to their ability to: Operate within the scope of the Mayor's Recommended Budget for f=iscal Year July 1, 2009 through June 30, 2010; o Implement the initiatives in the Common Council's 2009 -2010 Action Plan; o Comply with City Charter and Code mandated duties and responsibilities; and a Attain the goals and objectives of their respective organization. The Council's Budget Hearings are a very important and critical aspect of the budgetary process, and every effort will be made to adhere to the schedule provided. We request the assistance of all attending by: • Arriving promptly at the scheduled meeting time; • Adhering to the rules of order as prescribed by the Council Chairperson; • Ensuring that Department, Agency and Organization representatives are knowledgeable of budgetary matters and are prepared to address questions raised by those in attendance; and • Monitoring the City's horde page (see above) for unanticipated schedule changes. If you have any questions regarding the above, please call 851 -5905. L AVID A. I FRANCZYK President of the Common Council CG: Each Comm_ on Council Media REFERRED TO THE SPECIAL CON 1° - YE 64'4' BUDGET Member f5 L� ) 9 [1 l3 V zJ `- 1 IZ:1 l?U NI. yy L CI I JALI - N;y 14202-3318 (71 6) 351-4133 FAX: (/ 10) 3J! lire DAVID A, FRANCZYK RL r; i Fl!..!.:?viokr M ,TK!C`[' C)l' "IHF City of Buffalo Website: C.O['VCE!_ �i11?:bll3l':tt BU F A O CO'k � I _rOt i O i _ 1, ,.AI -. � , .� � � + vv :3'rr,Cit }' -bi .ff t1u.r_'rt u. April 23, 2009 TO: Mayer, City of Buffalo _ Comptroller, City of Buffalo l f <. � V�. All Department Heads, City of Buffalo � .r� � Buffalo Municipal Housing Authority Buffalo Board of Education Erie County Board of Elections Taxpayers of the City of Buffalo The City of Buffalo Common Council hereby announces its schedule of Meetings and Budget Hearings to be held in the Council Chambers on the 13 floor of City Hall during the period of May 1 through May 12, 2009, The schedule can also be found at the City of Buffalo home page at http: //Www.city-buffalo.comn The Council's Budget Hearings provide a public forum for review and comment on presentations by city departments and allied agencies relating to their ability to: Operate within the scope of the Mayor's Recommended Budget for f=iscal Year July 1, 2009 through June 30, 2010; o Implement the initiatives in the Common Council's 2009 -2010 Action Plan; o Comply with City Charter and Code mandated duties and responsibilities; and a Attain the goals and objectives of their respective organization. The Council's Budget Hearings are a very important and critical aspect of the budgetary process, and every effort will be made to adhere to the schedule provided. We request the assistance of all attending by: • Arriving promptly at the scheduled meeting time; • Adhering to the rules of order as prescribed by the Council Chairperson; • Ensuring that Department, Agency and Organization representatives are knowledgeable of budgetary matters and are prepared to address questions raised by those in attendance; and • Monitoring the City's horde page (see above) for unanticipated schedule changes. If you have any questions regarding the above, please call 851 -5905. L AVID A. I FRANCZYK President of the Common Council CG: Each Comm_ on Council Media REFERRED TO THE SPECIAL CON 1° - YE 64'4' BUDGET Member f5 L� COMMON COUNCIL BUDGET HEARING AND MEE TING SCHEDULE Council Chambers are located on the 73 "` Floor of City 171'1'11 _t Departrncnts are listed in Bold and Functions follow NOTT. Dates and Tinres below subject to change - Bml et Work Sessions will he announced se pastel TIME DESCIZIPTION DATE CHAIRPERSON LOCATION FRIDAY May 1, 2009 10:0011111 Common Council Meeting 1111'. FI'rrnezyk Chambers 1:30 pm Common Council Budget Hearing ( Tentative) Mr. hranczyk Chambers ]:0(11111'1'1' Legislative Staff and Offices of the Council Members Mr. LoCurto Chambers 2: 00 pan City Clerk Budget Hearing (Tentative) M1: Golomrbek Chambers Records Management MONDAY Mav 4, 2U ©9 9:00 am Dept of Mayor and Executive Budget Hearing Mr. Rivera Chambers Office of the Mayor Office of Strategic Planning Zoning and Land Use Environmental Affairs Real .Estate and In -Rear Properties Intergoverninental Relations Citizens Services 10:30 any Dept of Audit Control Budget .H.earing Mr. I,oGnrto Chambers Office of the Comptroller Audit Accounting Cash and Debt Management and Capital Debt Service I"Und 1:30 pin Dept of Human Resources (11I2) Budget Hearing Ms. RnSSeII Chambers 1:'rnployec Relations Civil Service Compensation and Benefits Management Employment and Training 3:00 pm Dept of Management Information Systems (MIS) Mr. Golombek C`harnbers Budget hearing 3:30 pm Dept of .Law Budget Hearing Mr. LoC:urto Charnbcrs Administrative Adjudication 4 :00 pm Dept of Assessment and '.Taxation Budget. Hearing Mr. Rivera Chambers TUESDAY May 5,200 9:45 am Civil .Vervice Committee Meeting Als. Russell C7u tubers 10:00 am Finance Committee Meeting Mr. Kearns Chambers ]:0(11111'1'1' Community Development Committee Meeting Mr. LoCurto Chambers 2: 00 pan Legislation Committee Meeting M1: Golomrbek Chambers Questions? -- Please call 851 -5105 1 C OMMON COUNC[L BUDGET HPARI:NG AND MF.F.TING Q iJ[,�+, Departmcnts are listed in Bold and functions follow NOTE: Dates road Trues below sub to elarrn ,e - Brrd •et W(jt k Sessions will be mrnoarraced se jnr rrtel TIME DESCRIPTION DAfJI CHAIRPERSON LOCCXFIONN I'U.ESDAY Ma 5 2009 (;ontinnetl 4:00 prn Buffalo 1VMnicipal housing Authority (BMHA) Budget Hearin ■ k g Mi% Davis Chambers WET) NESDAY May 6 2000 9:00 am Dept of Public Works, Par lts, Streets and Water Budget Hearing Mr- Kearns General Office Chambers Engineering, Design and Plair.tring of Sfrects, I3uilditigs, Planning and Design "heleconlmunicatiorrs Recreation Streets, Lighting of Streets, 'I'l Iinbinecring, .Leaning and Snow Rcirroval, Animal Shelter a Labor 'Pool and Bridges and Control Sanitation. and "" terprise fund - Solid Waste, Refuse & Rccychng I'nterprise fund - Water 10:30 ant Dept of Police Budget Hearing Mr. Davis Chambers 1:30 pm Dept of Fire Budget Hear•irrg Mr. Kearns Chambers 3:00 pill Dept of > rconornic Develo parent I errrjiis &Ins pectiorrs Budget Hearing 1 ' ' 1 (• EDPI ) Mr. Golombek Chambers Housing and Eti orcenient Licenses and Permits THURSDAY M�009 9:00 am Dept of Administration, F'urance, Policy & Urban Affairs (A&F') Budget Hearing Mr. Fontana Chambers Budget and Management Services Urban Affairs Parking _ Towing and Storage, Parking Meters and �nforcenrent and Parking Violations Bureau hrcasury and Collections Purchasing, .Inventory & Stores, and Print Shop General City EXPCrlses Enterprise .Fund Parking 10:30 am Dept of C'onnrrunity Services & Recreation Progranrnring Budget Hearing Mr. Smith Chambers Administration YDA DACC Substance Abuse Services Pr091 - ams and Recreation for the I"Iderly and the Yorrtlr Commission of Citizen Rights and C:onry11unity Relatioars Workforce fimploymeut and 'Training 'I'I.IE SDAY May 12 2009 6:00 pm Buffalo Board of Education (RBOE) Budget Rearing Followed by Public Hearing on the Budget Mr. Mr. Smith Chambers Mr. Franczyk C .'ambers Questions? -- Plcase call 851 -5105 2 A FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS April 28, 2009 City Clerk's Department BUFFALO May 1, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 10 PASSED April! 28, 2409 Perm to Hire a Consultant -FHWA & NYSDOT- Design, Insp & Const Seneca St (South) Gerald A Chwalinski City Clerk cif 00019 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 22, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT[ [ [ Permission to Hire a Consultant and Enter into Agreements with FHWA and NYSDOT for the Design, Inspection and Construction of Seneca Strret between Hayden Street and Newman Place City of Buffalo, County of Erie South District PRIOR COUNCIL REFERENCE: (IF ANY) [: The Federal Highway Administration (FHWA) have designated $1.162M for the design, construction and construction inspection of Seneca Street between Hayden Street and Newman Place. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN #5757.60. In order to move this project forward, this Department is requesting permission to take proposals and hire an Engineering Consultant for the design and inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and/or this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. PJMITJD:dab TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: A_k Cc: Steven J. Stepniak, Commissioner 3 ( SenecaSt .ente rag reements- 042209.doc) t t Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 22, 2009 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire an engineering consultant for the design and inspection of Seneca Street between Hayden Street and Newman Place on the New York State Regional Transportation Improvement Program (TIP) under PIN #5757.60. Authorized the Mayor to enter into all necessary agreements with FHWA and NYSDOT. Passed. 10 TAB: rmv T:hv1)60 \jnswordlrmvl l Oe4- 28a.doc t Ii V. *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL [MAJ- 51 * 9 * 0 [ 2/3 m G ] [3/4 m 7] FROM THE COMMISSIONER OF .POLICE April 28, 2009 City Clerk's Department BUFFALO May 1, 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. 11 PASSED April 28, 2009 Change in Contract -- Bf[o Police Dept Bldg Security Gerald A Chwalinski City Clerk 00®1_ SINGLE PAGE COMMLJNICA'I'ION TO "I'IIE COMMON COUNCIL TO: "THE COMMON COUNCIL: DAhi: A pril 21_, 2[309 _.__ FROM: DFTAUMENT: POLICE DIVISION: SUBJECT: (: Change order for Contract #93000143 Buffalo Police Department Building Security PRIOR COUNCIL, 10- TERENCE: (IF ANY) Ex. ( Item No. xxx, C.C.P. _xxlxxlx TEXT: ( "I`YPT: SIN S PA CE BE LOW) I hereby submit to Your Honorable Body the following change for the Buffalo Police Department Building Security Project, Contract #93000143: U & S Services, the contract vender, to provide Andover Controls 4 -door neteontroller with power supply, battery back- up, connection to existing; network, labor to install and make connections and one year parts and labor warranty to complete security access control project at Police LLeadquarters. The foregoing changes result in a net increase- in the contract of $2,450.00 Summary: Current contract amount $71,288.00 Amount of this change order (##1) $ 2,450.00 Revised contract amount $73,7383.00 Costs have been reviewed by the Department of Police, CIR Unit Captain in charge- of building; security and were found to be fair and equitable. Funds for this work are being provided through General Fund account #12021007 473020. '.'hank you in advance for your cooperation and expediency in addressing; this matter. I IMG /jws TYPI. DEPARTMEN T HEAD NAME: H. MCCARTHY GIPSON TYPE TITLE: SIG NATURE; OI` DL�PARTMENT IIEAD Mr. Fontana moved: That the above communication from the Commissioner of Police dated April 21, 2009, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to issue change order No. 1, to U & S Services an increase in the amount of $2,450.00, as more fully described in the above communication', for work relating to Police Department Building Security Project, Contract #93000143. Funds for this project are available in General Fund account #12021007- 473020. Passed MAY 1 1 2009 11 TAB:rmv tAwp601mswordlxmv111 c4- 28a.doc *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL .......... . . ----- - - - - -- ------------- [MAJ - 51 9 0 [2/3 w 6] - [3/4 7 ] 0001-2 SI NGLE PAG.F1' CO.M:MUNI :CATION TO °I I1; COMMON COUNCIL. TO: `I'IIF COMMON COUN(,IL: DA`T'E: APRIL, 21 2009 FROM: DEPARTMENT: POL.ICI DIVISION: SUBJEC`1': 1: Drug Asset Forfeiture Wire Transfers PRIOR COUNCIL, REF RI NC,F,: ([F ANY) 1 :Rent No. 104, C'.C.K 212188 I'A. _xxx 1 _ C.C.P. xx /xx /xx 'TI? :XT: ('1'YI'E SINGL SPACE BELOW 08- DEA- 407144 C2 -08 -0074 1,339.09 08- DEA - 497897 C2 -08 -0088 2,229.49 08- DEA - 507684 (.2 -09 -0008 1,384.45 08 - :DI A- 501762 C'2 -08 -0120 532.88 08 -1)1?A- 507689 C2 -09 -0009 1,405.88 08- 1]13A- 503751 C2 -08 -0132 2,433.25 09 -D A- 507916 C2 -09 -0013 2,352.25 08- DEA - 500846 C2 -08 -0111 2,95525 08- DEA - 503801 C2 -08 -0135 1,028.26 09- DEA - 508062 C2 -09 -0020 1,935.85 08 -DEA- 504353 C'2 -08 -0096 271.80 08 -DE'A- 507719 C2 -09 -001 €) 1,157.69 08- DEA- 507719 C2-9 -0010 3,357.56 (15`% SAFE) TO'.I'AL $22,383,70 The Drug Enforceiment Administration (DEA) and/or U.S. Customs has administratively forfeited the above referenced property. The funds were; received by this Department through wire transfers and drily deposited in the Trust & Agency Account, #20010000 - 389001. 15% of these funds have been deposited into SAFF account 10360 for fulfilling year 3 expenditures under SAFF legislation. The remaining finds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police Educational Training /Seminar, Confidential Funds, Materials and Supplies, 1)rearnts and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. DJR /jws TYNE DI HEAD NAME' rCYPI?. 'I'I`I'1,I: SIGNATURL? OF I)EPAIZ'I'M.INT HEAD RECEIVED AND FILED ; E "', CHIEF DFN.NIS .I. RICHAI DS - DCj New York Stnte Division Of Criminal Justice Services ASSETS FORFEITURE REPORTING PROGRAM STATE OF NEW YORK ) AFFIDAVIT pursuant to Civil Practice Law and ss: Rules 1311(11)(c) COUNTY OF ERIE ) 1, CHIEF DENNIS RICHARDS as (claiming agent) (claiming authority), being duly (Name) sworn, depose acid state that on 03130 & 04103 the BUFFALO P OL I CE DEPARTMENT (Date) (Agency) received WIRE TRANSFERS (check, vehicle, personal property, etc.) having an estimated present value of $ 22,3 83.70 (Amount) pursuant to chapter thirteen of Food and Drug Laws (21 U.S.C. 801 et seq.) of the United States and/or chapter four of the Customs Duties Laws (19 U.S.C. , 1301 et seq.) of the United States and/or chapter 96 of the Crimes and Criminal Procedure Laws (18 U.S.C. , 1861 et seq.) of the United States. DATE: 04 /21/2009 On the 3 Signature CHIEF OF INVESTIGATIVE SERVICES Title day of j.k I in the yea . � before me personally came (Day) (Month) (Year) I f, to me known, who, being by me duly sworn, depose and say (Name) that the is employed by the t`'(( � ' , i (l= - , 7 and that ,47he (Agency) was authorized by and did execute the above affidavit at the direction of said entity and thatAhe signed her /his name thereto. Z' Nota Puf�lic MARLENE J. KOVACIK Mail to: NOTARY PUBLIC, STATE OF NEW YORK NYS Division of Criminal Justice Services QUALIFIED IN ERIE COUNT,, Assets Forfeiture Reporting Program +IyCammission F,.rir:?R��g; {' Office of Public Safety 4 Tower Place Albany, NY 12203 COPYRIGHT a 1995 NEW YORK STAI E DIVISION OF CRIMINAL JUSTICE SERVICFS (July 20o5) 04/21/2009 09:13 ges6 CITY OF BUFFALO SCHEDULE OF DEPARTMENT PAYMENTS TO TREASURER REF t: DEPT /LOC RECEIPT DESCRIPTION /REFERENCE 1305790 DRUG ASSET FORF POLICE DATE: Apr. 21, 2009 ACCOUNT 08DEA 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 20010000 389001 389001 389001 389001 389001 389001 389001 389001 389001 389001 389001 389001 389001 10360 * * ** RECEIPT TOTAL 22,383.70 TOTAL COLLECTED /TURNED OVER: 22,383.70 REPRESENTING COLLECTION FROM: 04/21/2009 TO 04/21/2009 REF #;_ �EPT /L'bC:� POLICE DA'L'E Apr. 21, 2009 URE S I GNF,T F � f TITLE: � . /.�, �:,�✓ ., F,CCOUNT DESCRIP`1'ION 20010000 3890D1 20010000 389001 10360 DEPARTMENT SUMMARY DEA PROP MISC REVENUE DEA PROP SAFF YR3 RV MISC RV PG 1 ardptpmt AMOUNT 1,339.09 2,229.49 1,384.45 532.88 1,405.88 2,433.25 2,352.25 2,955.25 1,028.26 1,935.85 271.80 1 3,357.56 r.� AMOUNT 19,026.14 3,357.56 D City Clerk's Department BUFFALO May 1, 2009 NON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 13 PASSED April 28, 2009 Justice Assistance Grant (JAG) Stimulus Program Gerald A Chwalinski City Clerk c,� 00013 #2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL 3 l r TO: THE COMMON COUNCIL: DATE: April 21, 2009 III FROM: DEPARTMENT: B uffalo Police Department On Behalf of Cit DIVISION: Grants Section SUBJ T:[Justice Assistance Grant (JAG) Stimulus Program Related to the American Economic Recovery Act] .ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [Standard JAG Renewal: Stem #25, C.C.P. 06/24/081 TEXT: (TYPE SINGLE SPACE BELOW) The American Recovery and Reinvestment Act (ARRA) provides an unprecedented opportunity for funding to the City of Buffalo through several agencies of the federal government. ARRA funding is designed to preserve and create jobs and promote economic recovery, to assist those most impacted by the recession, to provide investments needed to increase economic efficiency by spurring technological advances in ,science and health, to invest in transportation, environmental protection, and other infrastructure that will provide long --term economic benefits, and to stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. The Department of Justice will provide direct "stimulus" funding to the City of Buffalo for crime reduction and prevention through a Justice Assistance Grant (JAG). In addition to the regular JAG funding, the City, along with eleven (11) other Erie County jurisdictions, has been allocated $2,616,421 in ARRA funding. This is a formula grant whereas the allocations to the individual jurisdictions have been set by the Federal government. The JAG guidelines have allocated $2,105,304 to the City of Buffalo. Because of our allocation of the majority share of the funding, the City of Buffalo has been appointed by the following entities to serve as the Applicant /Fiscal Agent: the County of Erie, Village of Depew, Village of Kenmore, City of Lackawanna, City of Tonawanda, Town of Amherst, Town of Cheektowaga, Town of Evans, Town of Orchard Park, Town of Tonawanda, and Town of West Seneca. The application is due on May 18, 2009 and as part of the mandatory application procedures, since the City is the Applicant /Fiscal Agent, we must notify your Honorable Body as part of the required government review process. Therefore, we are respectfully requesting that your Honorable Body authorize the Mayor to sign the Memorandum of Understanding with the coordinating jurisdictions, to file the JAG application, to accept the funding, and that the Mayor or his designee execute any and all contracts necessary to carry out the goals and objectives under the ARRA JAG Stimulus Grant program. J12- Page 2 (Rev, 1/93) page # 2 TEXT CONTINUATION: ('T'YP SINGLE SPAC13 M L OW .J At this time, we are notifying you that the City of Buffalo, with your approval, will be accepting the funding allocation by the Department of .justice and distributing the funds as follows: The City of Buffalo allocation includes: Poli Department's Crime Reduction Initiatives $ 1,855,304 In order to monitor the 120 cameras being installed city -wide, Buffalo Police will hire five (5) camera monitors over a 4 year period, keeping within the spirit of this funding for creating employment opportunities. In keeping with our long established practice with the JAG grants, as a crucial element of collaboration with the County of Erie, the Department will provide funding for a juvenile prosecutor and a community prosecutor. This additional distribution to the County addresses the issue of "disparate funding" given that the City receives more than 150% of the JAG funding, while the County provides all of the jailing and prosecution. The Department of Justice has identified Erie County as one with disparate funding, and thus the reason we must file this application jointly with the above entities. In addition, the Department proposes a prevention initiative cooperating with Community Services expanding the current Curfew Program, as well, as an alternative to incarceration initiative in cooperation with the National. Federation for ,lust Communities First Tame /Last Time Program. Depa of Community Services $ 250,00 Funds will used to expand the City's Re- -Entry program and the Juvenile Curfew Program. The Re-- Entry program will .improve job - readiness for persons returning from the corrections system, and will directly address the job creation goals of the ARRA funding. Community Services will save the jobs of 2 Re -Entry counselors, who have a current caseload of over 180 ex-offenders. This still does not meet the total need, as the number of parolees in Buffalo is estimated as over 800. The Juvenile Curfew Program addresses the crime prevention goal of the ARRA funding, in that youth in high crime areas will have increased positive support systems including case management, life skills development and job readiness training. Funding must be directed toward criminal justice activities that will improve or enhance law enforcement, prosecution and court programs, prevention and education programs, corrections and community corrections programs, planning evaluation and technology improvement programs. #2- Page 3 (Rev. 1/93) f pale it TEX`1' CONTINUATION: ( TYPE SINGLE SPAC13 BELOW Should you have any questions concerning this request, please contact Captain Mark Makowski of our Planning /Grants Section at 851 -5643. TYPE: DEPARTMENT HEAD NAME: H. McCARTHY GIPSON TYPE: DEPARTMENT HEAD TITLE: POLICE COMMISSIONER SIGNATURE OF DEPARTMENT HEAD :C (� S3 0 k _ % ii i Mr. Fontana moved: That the above communication from the Commissioner of Police dated April 21, 2008, be received and filed; and That the Mayor be, and he hereby is authorized to execute the Memorandum of Understanding with the coordinating jurisdictions, to file the Justice Assistance Grant application for a total of $2,616,412.00 and to accept the funding of $2,105,304 for the City of Buffalo and that the Mayor or his designee execute any and all contracts necessary to carry out the goals and objectives under the American Recovery and Reinvestment Act Stimulus Grant Program. Passed. APPROV ED %M I MAY 1 1 2009 13 TAB:rmv tAwp60\msword\nnvkI 3c4 -2 Sa.doc *AYE* NO * DAVIS FONTANA * * * F"RANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH m 1------- ---- -- * T T [[MAJ- 51 * 9 * 0 [213 m 6] [314 a 71 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES April 28, 2009 000111 #1 (Rev. 1193) Single Page Communication to the Common Council To: The Common Council: Date: April 20, 2004 Frorn: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Type in IJp el r a ►id Lower Case Onl f Subject: j: Food Store License 1069 Broadway 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 1069 Broadway (Broadway Mart) and find that as to form is correct, I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. .1Xe Department Head Name: " " ` T" ' " "" Type Title: Signature of Department Head: ,rC; SJd REFERRED TO THECOMMITTEE -ON, LEGSLATON, l.j Interdepartmental Memo Date: April 20, 2009 To: James Comerford, Deputy Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication FOOD STORE Ca), 1069 BROADWAY Per City of Buffalo Ordinance Chapter 194, the following is a check. list of requirements for a ��ood Store application to the Common Council: Zoning Office Fire Prevention Building Inspection Police Department �d Collections Dept. Application CITY OF BUFFALO OF,FIC.E OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 I l e - INSPECTION/APPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: BROADWAY MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 2ND REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1069 BROADWAY 596 -9856 FI 08 AHMED MOHAMED 548148 08/20/2007 02/06/2008 MEET OWNER NEW LICENSE 2008 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: CJ DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2rpt r�> 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: BROADWAY MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS. PHONE: COUNCIL DISTRICT- POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER- REFERRAL DATE: 1069 BROADWAY 896 -9856 1'1 08 AHMED MOHAN4ED 548148 08/20/2007 NEW LICENSE 2008 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROV DATE: ' P DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL MUST BE S'T'ATED BELOW * ** REMARKS: INSPECTOR � � RM# 3 ? �._.�. EXT • ATn 13 c"T71Dv Ir" 1.C' s INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: BROADWAY MART LICENSE TYPE: FOOD S'T'ORE 036 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1069 BROADWAY 896 -9856 FI 08 AHMED MOHAMED 548148 08/20/2007 E COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: / /I -- DISAPPROVED DATE: REMARKS: DISTRICT C. APPROVED NEW LICENSE 2008 " "VED DATE: "kIS- APPROVAL MUST RE STATED BELOW * ** THIS CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 AppSiip2.rp! DATE: as7 CITY OF BUFFALO OFFICE. OF L .ICE;.Y Sr S 313 CITY HALL BUFFALO, NEW YORK 14302 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: BROADWAY MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT. POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL .REASON: NEW LICENSE 2008 1069 BROADWAY 896 -9856 Fl 08 ARMED MOHAMED 548148 08/20/2007 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) .,, APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: C ; -- INSPECTOR R M # 2- EXT — r � f .AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsrpz.Yp: I AUD 1 6 2007 A DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES' OFFICKOF LICENSES 313 CITY HALL BUFFALO NY 14202 .8514078 LICENSE APPLICATION PLEASE CHECK LICENSE CATEGORY APPLYING FOR _- RESTAURANT -- BAKERY CONFECTIONER RESTAURANT TAKEOUT CA'T'ERER _K�FOOD STORE MEAT, FISH & POULTRY Date _p - Applicaut Name ���APplicaw I10xiie Phone Applicant Address d �j N [ e� L� i o.; Sfxeet} �Tto_ r Village) (State) (Zip) Co- Applicant N<ai3xe Co- Applicant Address (NO., Street) (City, TQwn or Village) (State) (Zip) Y Corporation, Name - Date Incorporated - µ Business Name Date oflBusiness'Certificate ' Business Address jt! !P Z.1 Z (No., Street) "(C Ton or Village} (State (L. i .. _ p) Mailing Address (if-differont than business address} (N).,, Street) ._ (City, Town or Village) (State) - (Zip) Business Phone # Fax State Tax ID Number _ Social Security #_ No. of Empl ©yep s aker & C ©zlfectioner only) . Applicant Signature . Sub i e and swan) efore ztte this_�r . I3 —_� .� r ay of 20 FEES RE4TAU1tANT 0 -200 SEATS 5174.00 201-400 SEATS . 5250.00 Comruission r of Deed aixd f 401 s3zs.0o City ofBufwo, N York RESTAURANT TAKEOUT/CATERING 'S 88.00 WAT,F1811 & POULTRY (Z YR5 3 .. 5150,00 - FOOD STO" $115,00 IRAKEzuCOI WFCrIfONER 0 -7 FWLO kEES $63.00 3 -10 Slos.oa 11 -25 sls7.ao 26 S0 S315.00 MT appI 51200 5525.40. City Clerk's Department BUFFALO May 1, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 15 PASSED April 28, 2009 Restaurant Dance (Renewal) 946 Elmwood (North) Gerald A Chwalinski City Clerk 9 S N I .� V• It (Rev. 1193) Side - [' �e Communication to the 1 It Council To: The Common Council: Date: April 21, 2009 From: Departmen of Economic Development, P ermit & Inspection Service Division: Office of Licenses Subject: [: Restaurant Dance (Renewal) [: 946 Elmwood (MeGarrets) I y se in U -er_ [: I_Lower (ryse Oil, [: Prior Council Reference: (If Any) Ext. (f_tern No. xx.x, C.C.P. x_x Text (1 =ype Si�tle_Sl�acc J3eIw): Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 945 Elmwood (MeGarrets) for which said renewal application for a. Restaurant Dance Class III license is being sought by David Putnam and according to the attached reports from the fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. lype Department Head Name: JAMES COMER.FORI Tune Title: D DUT CO ER. ' S ignature of Department Head: Wit''' I iv - -- JC:PS:rt till CITY OF BUFFALO OFFICE OF LICENSES 313 CITY { I- y� LL M/ BUFFALO, NEW TT � 3L ORK 14202 INSP R AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: MCGARRETS LICENSE TYPE: RESTAURAN BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL; DISTRICT: POLICE DISTRICT- APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATA'.: REMARKS: DISAPPROVAL REASON: 946 ELMWOOD 883 -4913 DAVID PU NAM 885 -1059 541847 RENEWEI) LICENSE 2010 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) C A PPROVED DATE: (DISAPPROVED DATE- DISAPPROVAL CALL RA( DATE: "" A REASOL'1 FOR DISAPPROVAL F' AL M 1 ST BE STATED BELOW 'k x is REMARKS: INSPECTOR i KM# EXT AID °I`ER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAI, OF THE OFFICE OF LICENSES. 'THANK YOU. 4ppSlip2.rpt CITY OF BUFFALO OFFICE. OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REOUEST AGENCY I DEPAR'T'MENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: MCGAIZRETS LICENSE 'TYPE: . RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PRONE: COUNCIL DISTRICT: POLICE DISTRICT APPLICANT NAME: APPL. MON1?: APPLICATION NUMBER: REFERRAL DATE- ttEMARKS: DISAPPROVAL REASON: 946 EI,MWOOD 883 --4913 DAVID PUTNAM 885 -1059 541847 RENEWEn LICENSE 2014 - -- ---- --- -- -- --- - -- - (TO R . COMPLETED BY AGENCY/DEPAWI MEN'T REFERRED 'TO) APPROVED DATA,: DISAPPROVED REMARKS: DISTRICT CAPTAIN: DATE. DATE: 3 -/ - 7 DISAPPROVED DATE: * FOR DISAPPROVA aUST F' rATED BELOW REMARKS: ID j),utY (SJa t iI� a COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS RI?FERRALTOTHE OFFICE OF LICENSES, THANK YOU. nplsr,�z.r�r CITY OF BUFFALO OFFICE OI< LI C E NSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /.APPROVAL REQUEST AGENCY / DEPARTMENT. FIRER PREVENTION REFERRED TO: UL I'OCZKALSKI APPLICATION FOR. MCGARRE 'S LICENSE TYPE: IZE STAUIRANTMANCP. RENT BUSINESS ADDRESS: 946 FLMWOOD BUSINESS PHONE: 883 -4913 COUNCIL DIS'T'RICT: 'OLICE DISTRICT: AT'PLICANT NAME: DAVID PUTNAM APPL. PHONE: 885 -1059 APPLICA'T'ION NUMBER: 541847 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: (To BE COMPLI rED BY AGENCY /DEPARTMENT REFERRED TO) APPROVPI) - DATE: '� r DISAPPROVER DATE: DISAPPROVAL C ALL BAC DATE: *n"REASON FOR DISAPPROVAL IMIIST BE STATED BELOW * *" 201 REMARKS: INSPECTOR R.M# EXT }APR 0 6 NW1 AFTER INSPECTION 1,LFASYs 11 a OMPLETE AND RE TURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 1pps1fp2.tpt , o *AYE* NO * PF "OVED MAY 1 1 20 1 DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL ------------- [MAJ — 5] 9 0 [ 2/3 61 f 3/4 71 City Clerk's Department BUFFALO May 1, 2009 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 16 PASSED April 28, 2009 Restaurant Dance (Renewal) 1 I I0 .Elmwood {North} Gerald A Chwalinski City Clerk ►, # 1 (Rev. 1193) Sid - gje_P Communication. to the Common Council To: The Common Council: Date: April 21, 2009 From: Department of Economic Development, Permit & Inspection► Services Division: Office of Licenses Subject:: Restaurant Dance (Renewal) 1110 Elmwood (Mr. Goodbar) Type in Upper an I [: Lower Case 0DIy I Prior Council Reference: (If Any) r: Ext. (item _No. - xxx, C.C..P_x Text ( Type Sing le_Spacc.lk ow): Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1110 Ehnwood (Mr. Goodbar) for which said renewal application for a Restaurant Dance Class 11.1 license is being sought by Dominic Massaro and according; to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: PUTY COMMISSIONER Si aAu q of Department Head: ' vL � JC:PS:rf CITY OF BUFFALO OFFICE OF LICENSES 313 CITY H ALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITLGERALD APPLICATION FOR: MR. GOODBAR LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL..PHONE APPLICATION NUMBER: R EFERR AL DA'rE: REMARKS: DISAPPROVAL REASON: I I 10 EI,MWOOD 882 -4000 00 I.3OMINIC MASSARO 876 -0047 527838 RE, E,NEWI D LICENSE 2010 PTO BE COMPLETED BY AGF.NCY REFERRED TO) API ROVED DATE: 115" OVED DATE: DISAPPROVAL CALL BACK DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*"* REMARKS: INSPECTOR RM# -� 4�- EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF 'THE OFFICE OF LICENSES. THANK YOU. . • App3 ip2.rpr CITY OF BUFFALO OFFICE OF LICENSE 313 CITY HALL BUFFALO, NEW YORK 14202. INSPECTION/APPROVAL REQUEST AGENCY I DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE; APPLICATION FOR: MR. GOODBAR LICENSE TYPE: RESTAURANTA)ANCE BUSINESS ADDRESS: I I101?L MWOOD BUSINESS PHONE: 582 -4000 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REI+ERRAL DATE: REMARKS: S: DISAPPROVAL REASON: 00 DOMMIC MASSARO 876 -0047 527838 RENEWED LICENSE 2010 .,U -r'j , k & ? o -?<, o k (TO BE COMPLETED BY AGENCY/DE f PARTMENT REFERRED TO) APPROVED DATE: !� DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: A.PPROVIJD_ DATE: w. ! DISAPPROVED DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW *** REMARKS: V COMM. OF POLICE: te ` u ii i ss ionet AFTER INSPECTION PLEASE COMPLE,rE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. Appslrp2rpr CITY OF BUFFALO �. r7r..r r7la ran I I' r, me 's (A'Fl Vis X�X Ci�l��iu 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: MR. GOODBAR LICENSE TYPE.' RFSTAURANT /DANCI BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS`T'RICT. APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON:. I I IO F:LMWOOD 882 -4000 00 DOMINIC MASSARO 876 -0047 527835 i .. 1 RENEWED LICENSE 2010 (TO BE COMPLETED BY AGENCY/DFPARTMI +NT REFERRED TO) /' DATE / ( fi q APPROVED DISAPPROVED DATE: DISAPPROVAL DATE: CAI.I. BACK """REASON FOR DISAPPROVAL MUST BE STATED BELOW'°'* REMARKS: INSPECTOR- j ` , -�/`� x EXT a ar AFTER INSPECTION PLEASE COMPLETE - AND RETURN THIS REFERRAL. OF THE OFFICE OF .LICENSES. THANK. YOU. AP101112. pt APPROVED MAY 1 2009 *AYE* NO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH f------------- I [MAJ- 5] [2/3 6] [ 3/4 7] * 9 * 0 * _ �7 17 City Clerk's Department BUFFALO May 1, 2009 HON_ BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR_ Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 1.7 PASSED April 28, 2009 Restaurant Dance (Renewal) 1 Main, Harbor Club (Fill) Gerald A Chwalinski City Clerk r �� 000A -7 #I (Rev. '1/93) Single Pave Communication to the Common. Council To: The Common Council: Date: April 21, 2009 From: Department of Economic Development, Permit & Inspection Sep vices Division: Office of Licenses Subject:: Restaurant Dauce (Renewal) I Main Ty 11 q in Upper and [: Lower Case Only � {: Prior Council Reference: (If Any) [: lxt. Item No. xxx _C.C.I'. xx / /xx `I. (Type Sirrgle_S�aee f3elc�w): Pursuant to Chapter 150 of the City of Bui-fs)Itl n- cl;T-rices, please be advised that I have caused an investigation into the premises located at I Mair for which said renewal application for a Restaurant Dance Class III license is being sought by HSBC Arena and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMIRI�O.RD Type Title: _m _' P11TY COMMIS Sign of Department Head: JCVS:rf L CITY OF BUFFALO OFFICE OF LICENSES 313 CITY BALL I BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: HSBC ARENA LICENSE TYPE RESTAURANT/DANCE BUSINESS ADDRESS: I MAIN BUSINESS PHONE: (716) 858 -5000 COUNCIL, DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 00 (000)000 -0000 21#115 4 O BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) C A PROVED DATE: -5 DISAPPROVED DATE: REMARKS: f [( DISTRICT CAPTAIN u 4 i f '— APPROVED DATE:" DISAPPROVED DATE: REMARKS: ** *REASON FOR DISAPPROVAL MUST BE S TATED BELOW **k RENEWED LICENSE 2010 COMM. OF POLICE: Veputy AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 1fj'ps'trp2.rpf aAk � CITY OF 13UFFALO OFFICE OF LICENSES 3 1 , Cv `1(1 Yv 1 Y' . .10 k-t BUFFALO, NEW YORK 14202 INSP ECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: I -ISBC ARENA LICENSE. TYPE: RESTAURANTMANCE ROSINESS ADDRESS: I MAIN BUSINES PHONE (716) 858 -5000 COUNCIL DISTRICT: POLICE DISTRICT: APPLICAN NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DAFT:: REMARKS: DISAPPROVAL REASON: 00 (000) 000 -0000 214115 RENEWED LIC Z o�a (TO BF COMPLETED BY AGENCY /DEPARTMENT REFERRED `CO) DATE: C A 'PROVED DISAPPROVED DATE: DISAPPROVAL CALL HACK DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW`k REMARKS: INSPEC'T'OR ��� � �`�' RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSltp2.rpl CITY OF BUFFALO OFFICE OF LICENSES 313 CITY Y HALL, BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY /DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: I-ISBC ARENA LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: 1 MAIN BUSINESS PHONE: (716) 858 -5000 COUNCIL DISTRICT: POLICE DISTRICT: 00 APPLICANT NAME: APFL, PHONE; (000) 000 -0000 APPLICATION NUMBER: 211115 REFERRAL DATE: REMARKS. DISAPPROVAL, REASON: RENEWED LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: & DISAPPROVED DATE: DISAPPROVAL CALL BA( DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW'*" REMARKS: INSPECTORS RM# XT AFTER INSPECTION PLEASE COMPLETt AND 'RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Aypsup2rp, Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated April 21, 2009, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to 1 Main d/b /a Harbor Club located at 1 Main. Passed. APPROVED MAY 1 1 2009 17 TAB:rmv T:\wp60\msxvord\rmv\ 17c4- 28a.doc t *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO * ' RIVERA RUSSELL SMITH _.._ . _ _. -. ---- -._. -. [MAJ- 5] * 9 * 0 [213 e G] [314 - 7] City Clerk's Department BUFFALO May 1, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 18 PASSED April 28, 2009 Restaurant Dance (Renewal) 1 Main, Harbor Club 200 Level (Fill) Gerald A Chwalinski City Clerk I> 000 #I (Rev. II93) Sin rte Page Communication to the Common Council To: The Common Council: Date: April 21, 2009 � From: Department of Economic Developrne�rt, Permit $r TersT�ectioni services Division: Office of Licenses Subject: C: Restaurant Dance (Renewal) l � fly �, i �• tr " � [: 1 Main - ( - N . pe in Upper and [: L ower Case 0 pj� j [: Prior Council Reference: (If Any) [: Ext. Text ( Tyne S ir Ie )ace 1 ielow): Pursuant to Chapter ISO of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1 Main ( HA . - fz- CL a'k C e for which said renewal application for a Restaurant Dance Class III license is being sought by HSBC Arena and according to the attached reports frorn 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. `Type Department Head Name: JAMBS COMERFORD Type Title: D. ,DUTY CO.MMISSIONET, Signature of Department Head: JC:PS:rf CITY OF BUFFALO OFFICE; OF LICENSES 313 CIT HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: IISBC ARENA LICENSE TYPE- RESTAURANT/DANCE RENEWED LICENSE 201€3 BfJSINESS ADDRESS: I MAIN BUSINESS PHONE: (716) 858 -5000 COUNCIL DISTRICT: POLICE DISTRICT: 00 APPLICANT[' NAME: APPL. PHONE: (716) 8.55 -4571 APPLICATION NUMBER: 214117 REFERRAL DATE,: REMARKS: DISAPPROVAL REASON: =VE (T O ICE COMPLETE D B Y AGENCY/DEPARTMENT REFERRED TO) AP DATE l : j DISAPPROVED DATE: REMARKS: y DISTRICT CAPTAIN: W 14 - �-x APPROVED DATE: J DISAPPROVE) DATE: * "REASON FOR DISAPPROVAL MUST BE WTLD I3E 40W ** REMARKS: ( I d COMM. OF POLICE: Deputy CUIilm].Ss7.Une, . AFTER INSPECTION PLEASE; COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU, Ap�,srrfz.rrr CITE' OF BUFFALO OFFICE OF LICENSES 792 /' f' V HALL l_ 1_A ? axca a� BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY / DEPAR'T'MENT: PIKE PREVENTION REFERRED TO: LT. POCZKAL,SKI APPLICATION FOR: HSBC ARENA LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: I MAIN BZJSINESS PHONE: (716) 858 -5000 COUNCIL DISTRICT: POLICE DISTRICT: 00 APPLICANT NAME: API'I,. PHONE: (716) 8.55 -4571 APPLICATION N (IM BER: 214117 REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: RENEWED LICENSE 2010 (TO BE COMPLETED BY AGENCYAWPAR'I'MI:NT IkEFERRED TO) DISAPPROV1 +.',D DAT ,. DISAPPROVAL CALI, RACK DATE: * "REASON FOR DISAPPROVAL MUST BE STATIA',D BELOW:` REMARKS: INSPECTOR 'i' ,,f -` " RM# EX'I AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 9ppSUp2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CI T i IXA. i� BUFFALO, NEW YORK 14242 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS TtI;,FEILRCD I "O: KEVIN IITZGI R.ALT) APPLICA'T'ION FOR: II.SBC ARENA LICENSE TYPE: lZESTAURANVDANCP BUSINESS Al)DRESS: I MAIN BUSINESS PHONE: (716) 8.58 -5000 COUNCIL. I)I STRIC "I': POLICE DISTRICT: 00 APVJJCANT NAME: APPL. PHONE: (716) 855 - 4571 APPLICATION NUMBER: 234117 REI+''ERRAL DA'T'E: REMARKS: DISAPPROVAL REASON: f RENEWED LICENSE 2010 (TO BE COMPLE'T'ED BY AGENCYA)EPARTMENT.REFERRED TO) ( APPROVED 1)ATIi;: )ISAPPROVED DATE: DISAPPROVAL C'.ALL, RACK DATE: - *REASON FOR DISAPPROVAL MUST BE S'T'ATED BELOW * *" REMARKS: �. INSPECTOR RM _ �� ET.... -- AFTER INSPECTION PLEASE COWLLM AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES, THANK YOU. anpsripz.rnr Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and .Inspections Services, dated April 21, 2009, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to l Main d/b /a Harbor Club 200 Level located at I Main. Passed. a q , P51 AY 1 1 2009 ,Y ©R 18 TAB:rmv TAwp60Vnsword\rmv\1 k4- 28a.doc *AYES` NO * DAVIS * �` FONT-ANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIV ERA * '� RUSSELL [MAJ- S] * g * p [2/3 e 6] [3 7 City Clerk's Department BUFFALO May 1, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO a .. w Pursuant to the provisions of Section 3 -19 of the Charter, 1 present herewith the attached resolution item_ No. 19 PASSED April 28, 2009 Restaurant Dance (Renewal) 1 Main, Headlines Bar (Fill) Gerald A Chwalinski City Clerk c t 00049 ##I (lZev. 1/93) Sin Page Comrnunication to the Common. Council TO: The Common Council: Date: April 21, 2005 l: From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Restaurant Dance (Renewal) I Ma fNtw-Vtrrt-8, r '8jrVims)- 0f- VAC , .� < i� TyPe_i�l_lJ_ppercd � [. f Lower Case Onl [: Prior Council Reference: (If Any) [: Ext, (_Item No. xxx,_C xx/xx /xx): Text (`I=''y_pe_Sitte_S.pace)elow): Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1. Main (I r for which said renewal application for a Restaurant Dance Class 1.II license is being sought by USBC Arena and according to the attached reports from the I{ire 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. 'Type Department Hcad Name, JAMES COME.RFO.RD "hype Title: E)fWUfY COMMISSIONER Signature of Department Head: JC:PS.rf i � l� ; CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: IISBC ARENA LICENSE TYPE: RES'I'AURANT'/DANCE BUSINESS ADDRESS: 1 MAIN BUSINESS PHONE: (716) 858 -5000 COUNCIL DISTRICT: POLICE DISTRICT: 00 APPLICANT NAME: APPL. PHONE: (716) 855 -4571 APPLICATION NUMBER: 214120 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: RENEWED LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED l v� w' r' 6 L 1 ,4 �, ,f nA'rE• /2.3/� DATE: 'REASON FOR DISAPPROVAL MUST BE ST G REMARKS: s COMM. OF POLICE: Deputy Commissioner AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSlTp2.rp/ 1, f� CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK. 14202 INSPECTION /APPROVAL REOUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: I.T, POCIKAISKI APPLICATION FOR: HSBC ARENA LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: I MAIN BUSINESS PHONE: (716) 858 -5000 COUNCIL DISTRICT: POLICE DISTRICT- 00 APPLICANT NAME: APPL. PHONE: (716) 855 -4571 APPLICATION NUMBER: 214120 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: RENEWED LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED ... DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: "''"REASON FOR DISAPPROVAL MUST BE STATED BELOW *''" REMARKS: INSPECTOR ( RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2-rpt CITY OF BUFFALO OFFICE OF LICENSES 313 nt'1 T7 A I T ata eta x �tr�i,L, BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: HSBC ARENA LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: 1 MAIN BUSINESS PHONE: (716) 858 -5000 COUNCIL DISTRICT: POLICE D.IS`I'RICT: 00 APPLICANT NAME: APPL.1 (716) 855 -4571 APPLICATION NUMBER: 214120 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: RENEWED LICENSE 2010 (`.I'O BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: PPROVED DATE: DISAPPROVAL CALL RACK DATE: "'REASON FOR DISAPPROVAL MUST BE STATED BELOW*" REMARKS: INSPECTOR! RM# � EXT j. z ,a AFTER INSPECTION PLEASF 'COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSl ip2. rpt Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated April 21, 2009, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to 1 Main d/b /a Headlines Bar located at I Main. Passed. A P P R 0 V EE D I MAY 1 1 2000 19 TA]3:nnv T:1wp60\msword\rmv\ 19c4- 28a.doc *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL S.M. f. I I [MAJ- 5] * 9 * 0 [213 6] [314 - 7] BYRON W. BROWN Mayor 000190 DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES OFFICE OF THE COMMISSIONER MEMORANDUM April 9, 2009 4 BRIAN REILLY Commissioner TO: Hon. Members of the Common Council FROM: Brian Reilly, Commissioner, Economic Development, Permit fl& Inspection Services CC: Steven M. Casey, First Deputy Mayor !Karen !privateer, Sr. Legis!ative Asst. to th°'~:v,::.�;:: n Cou"Cil Sandra. Miller, Director, Special Projects, OSP RE: Restore NY Communities Initiative — Municipal Grant Program Empire State Development Corporation has made Restore NY funding available to New York municipalities to provide demolition, rehabilitation or reconstruction of vacant or obsolete structures. The City of Buffalo is authorized to apply for two projects of $10 million each. Restore NY will enable Buffalo to fund the rehabilitation of certain existing residential and commercial structures for economic and neighborhood development purposes. It will also enable Buffalo to aggressively target demolition worthy structures to enhance neighborhood revitalization efforts and reduce the hazard that dilapidated structures pose to surrounding residents. This remains one of the only funding sources available for demolitions. Restore New York funding can be used to address projects containing vacant, abandoned, condemned and surplus structures that the (pity of Buffalo currently has site control over. Eligible activities include: demolition, rehabilitation and reconstruction. New construction projects are not eligible. In addition to the above eligible activities, the application must contain some or all of the following elements: Projects must contain properties that are interrelated and collectively address the revitalization of an urban area Projects must exhibit feasibility and readiness Projects must seek to revitalize economically distressed urban centers by: o Improving the value of housing stock o Increasing the tax -base o Inducing commercial investment Attached please find a listing of properties that we propose to seek funding for through the Restore New York program. REFERRED TO THE COMM ITTEE N C DEVELOPMENT. . t �� 6 5 NI AG, ARA SQUAR. €-, / 920 C11'Y € ie1LL / I31JF€ AL0, NY 1€202 -3303 / (716) 851 -5035 / FAX (710) 851. SO 16 / I'fna €1: € redly @city -buffi lo.wm The City of Buffalo hereby announces its intent to apply for funds from the Restore NY Communities Initiative Program. Pal i cipation in this pr ogfain will enable the City to undertake neighborh revitalization activities by funding the rehabilitation of select structures and performing demolition projects in targeted areas. The following properties are proposed candidates for inclusion in the Program. A public hearing on this matter is scheduled for April 14, 2009 at 2pm in Common Council Chambers in City Hall. Any questions on this project should be referred to Sandra Miller, Director, Special Projects at (71 6) 851 -5053. # SITE NAMEIADDRESS M -Mixed Use R- Residential SQ. FT. C- Commercial DM- Demolition RH- Rehabilitation RC- Reconstruction V- Vacant A- Abandoned C- Condemned S- Surplus 204 -216 Franklin 48930 CIMU RH V 200 Delaware 405275 CIMU RH V 2351 Delaware 2856 C RH V 1659 Amherst 3706.0 RH V 430 Jersey 20766 MU RH V 998 Broadway 80181 C RH V 1373 -1381 Main (aka 7 East Utica) 17234 C RH V 1461 Main 16524 RH V 921 East Delavan 6448 C RH V 656 Genesee 15000 C RH V 437 Broadway 12180 C RH V 99 Chenango 1345 R RH V 541 West Utica (bldg 1) 2340 R RH V 541 West Utica (bldg 2) 1784 R RH V 31 Winter Street 1170 R RH V 562 West Utica 2408 R RH V 335 Massachusetts 2004 R RH V 339 Massachusetts 2173 R RH V 125 Jewett Pkwy 7805 C RH V 918 MAIN (internal demo) 22936 C DM V 918 MAIN (fagade restoration) 22937 C RH V - 448 ELMWOOD _._ ... 29 A ST .,....:.._._. ... 225 ADAMS 253 ADAMS 447 ADAMS (bldg 1) 177_6 C _� _.... 2156 R = 960 R 1816 R 1040 R , .... DM -.. , .. DM DM DM DM V _ V _. . V V V 447 ADAMS (bldg 2) 1004 R DM V 481 ADAMS 1119 R DM V 489 ADAMS 1264 R DM V 20 ALWIN 1363 R DM V 23 ALWIN 1060 R DM V 28 ALWIN 1617 R DM V 22 B ST 1699 R DM V 24 B ST 2352 R DM V 30 B ST 1041 R DM V 32.8 ST 1071 R DM V 33 B ST 1359 R DM V 34 B ST 3072 R DM V 166 BENNETT ST 1092 R DM V 72 BEST 1513 R DM V 102 BEST 2224 R DM V 208 BEST 3116 R DM V 210 BEST 1064 R DM V 553 BEST 2420 R DM V 759 BEST LE 107 2786 R DM V BOX 2142 R DM V r f„ Page 1 111 BOX 1560 R IDM.I."-- DM V 1591 BOX I 1815 R V 160 BOX 1080 R JbM V 161 BOX 1886 R DM V 207 BOX 1500 R DM V 208 BOX 2112 R DM V 215 BOX 1787 R DM V 228 BOX 1740 R DM V 12 BREWSTER 1116 R DM V 56 BREWSTER 1980 R DM V 14 BRIGHTON 1696 R DM V 610 BROADWAY 4140 R DM V 633 BROADWAY 1852 MU DM V 850 BROADWAY 2458 R DM V 910 BROADWAY 2426 C DM V 1124 BROADWAY 3630 C DM V 1150 BROADWAY 2824 C DM V 1163 BROADWAY 7375 C DM V 1185 BROADWAY 4064 C DM V 18 BROOKLYN 2239 R DM V 24 BROWN 1459 R DM V 32 C ST 147 R DM V 63 C ST 1706 R DM V 262 CARLTON (bldg 1.) 2634 R DM V 262 CARLTON (bldg 2) 1252 R DM V 173 CHERRY 1731 R DM V 156 CHESTER 1254 R DM V 80 CLARK 1608 R DM V 143 CLARK 1452 R DM V 146 CLARK 2266 R DM V 39 COL 1800 R DM V 100 COIT 1440 R DM V 181 COIT 2324R DM V 200 COLT 1200 R DM V 217 COIT (bldg 1) 2280 R DM V 217 280 294 492 COIT (bldg 2) COIT DELA EAST DELAVAN EAST 783 2230 2442 2304 R R R R DM DM DM V V V V DM 502 DELAVAN EAST 2209 R DM V 649 DELAVAN EAST 2146 R DM V 694 DELAVAN EAST 2356 R DM V 255 DETROIT 1722 R DM V 72 DEWEY 1576 R DM V 1 44 DEWEY 5570 C DM V 200 DEWEY 1200 R DM V 239 DEWEY 864 R DM V 73 DODGE 2252 R DM V 77 DODGE 2080 R DM V 268 DODGE 1593 R DM V 594 EAGLE EAST 3608 C DM V 17 EATON 894 R DM V 28 EATON 2360 C DM V 43 EATON 1620 R DM V 55 EATON 2576 R DM V 120 EATON 2561 R DM V 157 EATON 1415 R DM V 50 EDNA 1701 R DM V 342 EMSLIE 1071 R I DM V 368 EMSLIE 830 R JDM V Paae 2 421 FERRY EAST 2644 1 C DM V 425 FERRY EAST 51981 C DM V 653 FERRY FACT +...r �v i a ] c n n i3✓V {� D i V1 V 704 FERRY EAST 2825 R DM V 475 FILLMORE 2472 R DM V 488 FILLMORE 22fi8 C DM V 499 FILLMORE 2134 R DM V 539 FILLMORE 4271 C DM V 541 FILLMORE 4752 C iDM V 752 FILLMORE 5243 C DM V 928 FILLMORE 2267 R DM iv 97 FOX 1257 FILLMORE 9611 C DM V 1393 FILLMORE 4895 C DM V 1520 FILLMORE 2346 R DM V 1564 FILLMORE 4578 MU DM V 2035 FILLMORE 2582 C DM V 2115 FILLMORE 2368 C I DM V 2179 FILLMORE 5356 C JDM V 2185 FILLMORE 3264 1 r I V 28 FOUGERON 166O .R DM V 29 FOUGERON (bldg 1) 1700 R DM V 29 FOUGERON (bldg 2) 544 R DM V 104 FOUGERON 1218 R DM V 148 FOUGERON 1425 R DM V 150 FOUGERON 1125 R DM V 62 FOX 805 R DM V 95 FOX 2069 R DM V 97 FOX 2244 R DM V 103 FOX (bldg 1) 1091 R DM V 103 FOX (bldg 2) 2416 R DM V 108 FOX 2202 R DM V 169 FOX 914 R DM V 172 FOX (bldg 1) 2357 R DM V 173 FOX (bldg 2) 642 R DM V 197 FOX 1312 R DM V 215 FOX 267 FOX 329 FOX (bldc3 1) 329 FOX (bldg 2} �._ 344 FOX 1269 R 809 R 1 760 R 2726 R 1380 R DM DM DM DM DM V V V V 75 FRENCH 2511 R DM V 86 FRENCH 2142 R DM V 93 FRENCH 1638 R DM V 149 FRENCH 1610 R DM V 156 FRENCH 1459 R DM V 217 FRENCH 1444 R DM V 311 GENESEE 4329 R DM V 630 GENESEE 53700 C DM V 716 GENESEE 1106 C DM V 1100 GENESEE 1406 R DM V 19 GERHARDT 1555 R DM V 47 GERHARDT 1593 R DM V 20 GIBSON 1716 R DM V 26 GIBSON 2201 DM V 48 GIBSON 1694 R DM V 50 GIBSON 1560 R DM V 181 GIBSON 2114 R DM V 218 GIBSON 2480 C DM V 332 GIBSON 2112 R Iwo V 66 GIRARD 1800 R DM V Page 3 187 GLENWOOD 1890 R DM V 188 GLENWOO 1 20651 R DM IV 428 6LENWOOD 2940 R DM V 756 GLENWOOD 1576 R DM V 766 GLENWOOD 2622 R DM V 811 GLENWOOD 1456 R DM V 815 GLENWOOD (rear bldg) 1540 R DM V 817 GLENWOOD GLENWOOD 3080 2040 R DM V 841 R DM V 856 GLENWOOD 1624 R DM V 858 GLENWOOD 1760 R DM V 910 GLENWOOD 2058 R DM V 68 GRAPE 1105 R DM V 183 GRAPE 1853 R DM V 142 GREY 1342 R DM V 180 GREY 1668 R DM V 182 GREY 1960 R DM V 591 GRIDER 5160 R DM V 78 GUILFORD 2922 R DM V 125 GUILFORD 1310 R DM V 242 GUILFORD 2024 R DM V 244 GUILFORD 1385 R DM V 358 GUILFORD 1283 R DM V 400 GUILFORD 1394 R DM V 29 HARMONIA 1873 R DM V 49 HARMONIA 2346 R DM V 16 HAUF 1649 R DM V 39 HERMAN 1044 R DM V 51 HERMAN 1615 R DM V 56 HERMAN 1161 R DM V 96 HERMAN 1840 R DM V 180 HERMAN 779 R DM V 225 HERMAN 1099 R DM V 363 HERMAN 2230 R DM V 383 HERMAN 2524 R DM V 426 488 488 562 569 HICKORY HICKORY HI HIGH HIGH 236fl l 1511 1018 2160 R R - R R DM DM DM T D - V V V V 2040 R DM V 630 HIGH 36172 C DM V 33 HILL 2272 R DM V 43 HILL 2632 R DM V 47 HILL,. 1368 R DM V 77 HILL 1860 R DM 97 HILL 1904 _ R DM U N 11 HOLLAND 1720 R DM V 49 HOLLAND 1880 R DM V 62 HOUGHTON 1775 R DM V 67 HOUGHTON 1632 R DM V 35 HOWARD 1044 R DM V 57 HOWARD 94952 C DM V 738 HUMBOLDT 2745 R DM V 938 HUMBOLDT 2486 R DM V 399 JEFFERSON 2574 R DM V 453 JEFFERSON 1536 C DM V 562 JEFFERSON 1821 R DM V 1312 JEFFERSON 4752 C DM V 1561 JEFFERSON 2854 R DM V d 79 JEWETT AVE 19361R, DM V ... ... ... .. Paqe 4 186 JEWETT AVE 1594 R DM V 193 JEWETT AVE 2144 R DM V 23° JEV VIE T T AVE Ivov R Dfvl v 239 JEWETT AVE 2336 R DM V 34 JOHNSON ST 976 R DM V 63 JOHNSON ST 2088 R DM V 70 JOHNSON ST 992 R DM V 77 JOHNSON ST 2102 R DM V 121 JOHNSON ST 1372 R DM V 372 JOHNSON ST 2563 R DM V 423 JOHNSON ST 1890 R DM V 54 JOSEPHINE 1382 R DM V 58 JOSEPHINE 872 R DM V 29 KEHR 1650 R DM V 29 KEHR 1212 R DM V 39 KEHR 1037 R DM V 41 KEHR 2300 R DM V 94 KEHR 2800 R DM V 271 KEHR 1462 R DM V 271 KEHR 1740 R DM V 292 KEHR 1039 R DM V 296 KEHR 1228 R DM V 757 KENSINGTON 2560 R DM V 815 KENSINGTON 7949 C DM V 111 KENT 1695 R DM V 59 KINGSLEY 957 R DM V 138 KRETTNER 900 R DM V 246 KRETTNER 2957 R DM V V V 50 LANDON 1429 R DM 68 LANDON 1563 R DM 230 LANDON 1200 R DM V 347 LANDON 1570 R DM V 140 LATHROP 2313 R DM V 154 LATHROP 1209 R DM V 154 LATHROP 408 R DM V 197 LATHROP 233 LATHROP- 248 LATHROP __ _...__ _ _. Z78 LATHROP .... 40 LAUREL 80758 C 989 R __ - 2288 R R _.__....__ _ R DM DM DM - DM V V V V 98 LAUREL 1335 R DM V 198 LAUREL 2334 R DM V 204 LAUREL 1655 R DM V 207 LAUREL 1584 R DM V 224 LAUREL 1936 R DM V 251 LAUREL 1956 R DM V 306 LEROY 2766 R DM V 316 LEROY 2615 R DM V 343 LEROY (bldg 1) 2470 C DM V 343 LEROY (bldg 2) 3088 R DM V 359 LEROY 2456 R DM V 373 LEROY (rear bldg) 2016 R DM V 393 LEROY 1120 R DM V 416 LEROY 2236 R DM V 51 LINDEN PK 1840 R DM V 53 LOCUST 1638 R DM V 290 LOCUST (rear bldg) 688 R DM V 41 LOEPERE 1624 R DM V 43 LOEPERE 1281 R DM V 44 LOEPERE 1324 R DM V Page 5 71 LOEPERE 1643 1 R DM V 90 LOEPERE 1190 R I DM V 140 LOEPERE 2013 R DM V 326 LOEPERE 1491 R DM V 30 LOMBARD 1952 R DM V 44 LOMBARD 1849 R DM V 49 LOMBARD 1577 R DM V 108 LOMBARD 1606 R DM V 223 LORING 2700 R DM V 254 LORING 2726 R DM V 268 LORING 2600 R DM V 141 MADISON 1359 R DM V 199 MADISON 2190 R DM V 216 MADISON 2000 R DM V 304 MADISON 1169 R DM� V 541 MADISON 681 R DM V 14 MARIGOLD 2000 R DM V 19 MARIGOLD 2266 R DM V 41 MARSHALL (bldg 1) 2380 R DM V 41 MARSHALL (bldg 2) 1714 R DM V 46 MARSHALL 1531 R DM V 144 MASTEN 2939 R DM V 157 MASTEN 3822 C DM V 157 MASTEN 1318 R DM V 216 MASTEN 2237 R DM V 217 MASTEN 1458 R DM V 301 MASTEN 1814 R DM V 393 MASTEN 1394 R DM V 523 MASTEN 1896 R DM V 34 MEMORIAL 3924 R DM V 925 MICHIGAN 1441 R DM V 1241 MICHIGAN 2036 R DM V 1269 MICHIGAN 1250 R DM V 1370 MICHIGAN 2264 R DM V 45 MILLS 1437 R DM V 137 MILLS _ _. _. 247 MILLS 249 MILLS 327 MILLS 2106 R 1483 R 1734 R 1209 R DM DM DM DM V _ . V V V 130 MOHICAN 1760 R DM V 139 MOHICAN 2056 R DM V 146 MONROE 1534 R DM V 247 MONROE 2878 R DM V 403 MONROE 1325 R DM V 442 MONROE 2000 R DM V 556 MONROE 630 R DM IV 558 MONROE 1370 R DM V 560 MONROE 2417 R DM V 563 MONROE 1071 R DM V 289 MORTIMER 1342 R DM V 293 MORTIMER 2060 R DM V 42 MULBERRY 2128 R DM V 114 MULBERRY 2252 R DM V 291 MULBERRY 1220 R DM V 15 NEWTON 1884 R DM V 41 NEWTON 1273 R DM V 547 NORTH ST EAST 1280 R DM V 94 NORTHAMPTON 4160 R DM V 152 NORTHAMPTON 2011 R DM V 275 NORTHAMPTON 1380 R DM V Page 6 326 NORTHAMPTON 2832 R DM V 326 NORTHAMPTON 1007 R DM I V 51° I`r'vo uAnn j O�� 2496 R DArf I 'v NORTHAMPTON (rear 860 Bldg) 1054 R DM V 879 NORTHAMPTON (Bldg 1) 1848 R DM V 879 NORTHAMPTON (Bldg 2) 1027 R DM V 881 NORTHAMPTON 2856 R I DM V 915 NORTHAMPTON 1835 R DM V 940 NORTHAMPTON 1062 R DM V 942 NORTHAMPTON 1704 R DM V 946 NORTHAMPTON 1672 R DM V 964 NORTHAMPTON 1346 R DM V 968 NORTHAMPTON 1226 R DM V 274 NORTHLAND 1238 R DM V 392 NORTHLAND 2188 R DM V 400 NORTHLAND 2216 R DM V 574 NORTHLAND 1820 R DM V 738 NORTHLAND 2256 R DM V 51 NORWAY 1586 R DM V 112 ORANGE 1429 R DM V 169 ORANGE 870 R DM V 247 ORANGE 1790 R DM V 17 PADEREWSKI 1512 R DM V 211 PADEREWSKI 2150 R DM V 275 PADEREWSKI 1727 R DM V 291 PADEREWSKI 2871 R DM V 303 PADEREWSKI 1991 R DM V 315 PADEREWSKI 2982 R DM V 367 PADEREWSKI 2475 R DM V 23 PALOS 2270 R DM V 169 PARADE EAST 1874 R DM V 154 PARADE NORTH 1318 R DM V 63 PEACH 75 PEACH 79 PEACH 1216 R_ DM , 2436 Fl DM _ V V V 2198 R DM 1872 R� DM _ 258 PECKHAM 266 PECKHAM 1362 R DM V 54 PERSHING 1215 R DM V 222 PERSHING 2392 R DM V 228 PERSHING 1361 R DM V 235 PERSHING 1456 R DM V 236 PERSHING 1452 R DM V 246 PERSHING 2146 R DM V 26 PETERSON 2121 R DM V 26 PETERSON 1290 R DM V 120 PLAYTER 1863 R DM V 123 PLAYTER 1945 R DM V 124 PLAYTER 2192 R DM V 135 PLAYTER 1976 R DM V 139 PLAYTER 2357 R DM V 44 PLEASANT 2192 R DM V 7 PURDY 2970 R DM V 55 PURDY 2232 R DM V 102 PURDY 1980 R DM V 277 PURDY 1570 R DM V 289 PURDY 1 2175 R DM V 312 PURDY 1 1612 R JDM iv Page 7 Page 8 315 PURDY 2668 R DM V 323 PURDY 1666 R DM V 134 REED 177' R DIV, IV 179 REED 2131 1 R DM V 237 REED 1934 R DM V 251 REED 1378 R DM V 293 REED 2384 R DM V 8 REGINA 1625 R DM V 59 RICH 1377 R DM V 65 RICH 2004 R DM V 19 RICHLAWN 2112 R DM V 126 RICHLAWN 828'R DM V 17 RICKERT 2594 R DM V 60 RICKERT 1954 R DM V 77 RICKERT 1416 R DM V 83 RICKERT (bldg 1) 1760 R DM V 83 RICKERT (bldg 2) 810 R DM V 212 RILEY 2064 R DM V 216 RILEY 1706 R DM V 262 RILEY 1523 R DM V 304 RILEY 3224 R DM V 312 RILEY 2415 R DM V 357 RILEY u 1311 R DM V 476 RILEY 2363 R DM V 533 RILEY 1484 R DM V 588 RILEY 2156 R DM V 658 RIL 1540 R DM V 660 RILEY 1617 R DM V 708 RILEY 1653 R DM V 124 RODNEY 1288 R DM V 164 RODNEY 2276 R, DM V 260 RODNEY 1291 R DM IV 262 RODNEY 840 R DM V 41 ROEHRER 1324 R DM V 85 ROEHRER 1272 R DM V 94 ROEHRER 108 RO EI-IRER 187 RO HRI °R 32 ROETZER _2 R 2016 R ` 2388 R _..: 1405 R DM V DM V _., DM _ . _ V um V 40 ROETZER 2640 R DM V 23 ROTHER 1560 R DM V 247 ROTHER 1638 R DM V 289 ROTHEB 2286 R DM V 3037 BOTHER, 1944 R DM V 327 ROTHER 1968 R DM V 18 SANFORD 1421 R DM V 25 SANFORD (bld 1) 1428 R DM V 25 SANFORD (bld 2) 763 R DM V 74 SANFORD 2156 R DM V 25 SCHAUF 1506 R DM V 74 SEARS 2320 R DM V 83 SEARS 1640 R DM V 128 SEARS 1895 R DM V 129 SEARS 1539 R DM V 130 SEARS 1840 R DM V 132 SEARS 1450 R DM V 14 SHAWNEE 1000 R DM V 77 SHERMAN 945 R DM V 138 SHERMAN 2340 R DM V 323 SHERMAN 1541 R JDM V Page 8 362 SHERMAN 2504 R DM IV 502 SHERMAN 1267 R DM IV 504 SHERMAN 1751 R DM V 517 SHERMAN 2276 R DM V 143 SHUMWAY 1036 R DM V 194 SHUMWAY 935 R DM V 205 SHUMWAY 2168 R DM V 218 SHUMWAY 806 R DM V 279 SHUMWAY 2432 R DM V 36 SIDNEY 3657 R DM V 48 SIDNEY 1672 R DM V 57 SIDNEY 2156 R DM V 63 SIDNEY 1596 R DM V 914 SMITH 880 R DM V 915 SMITH 1890 R DM V 921 SMITH 1384 R DM V 997 SMITH 1140 R DM V 1058 SMITH 1346 R DM V 34 SOBIESKI 1516 R DM V 273 SOBIESKI 1583 R DM V 194 SOUTHAMPTON 1351 R DM V 269 SOUTHAMPTON 2288 R DM V 18 SPIESS 1528 R DM V 128 STANTON 1231 R DM V 27 STRAUSS 1681 R DM V 92 STRAUSS 1512 R DM V 124 STRAUSS 1688 R DM V 232 STRAUSS 1151 R DM V 269 STRAUSS 2688 R DM V 294 STRAUSS 1257 R DM V 298 STRAUSS 2287 R DM V 65 SWEET 1792 R DM V 109 SWEET 1926 R DM V 110 SWEET 2236 R DM V 128 SWEET 1645 R DM V 200 441 856 894 SWEET SWEET SYCAMORE SYCAMORE 2170 R DM � 1914 R DM .� __�u.__....._ ._ 2494 R DM 1646 R DM � V V V V 916 SYCAMORE 19641R 964 SYCAMORE 3014 R DM V 1084 SYCAMORE 2563 R DM V 25 TIMON 1724 R DM V 163 TIMON 2188 R DM V 230 TIMON _ 2496 R DM V 19 TOWNSEND 2402;R DM V 147 TOWNSEND (bldg 1) 2448 R DM V 147 TOWNSEND (bldg 2) 1020 R DM V 187 TOWNSEND 1662 R DM V 189 TOWNSEND 1942 R DM V 193 TOWNSEND 1800 R DM V 195 TOWNSEND 1387 R DM V 199 TOWNSEND 1622 R DM V 54 UTICA EAST 2300 R DM V 354 UTICA EAST 3128 R DM V 363 UTICA EAST (bldg 1) 1348 R DM V 363 UTICA EAST (bldg 2) 1460 R DM V 429 UTICA EAST 2564 R DM V 431 UTICA EAST 2569 R DM V 502 UTICA EAST 2222 R DM V Page 9 631 UTICA EAST 2216 R DM V 649 UTICA EAST 2700 R DM V 682 UTICA EAST 2640 R DM. V 60 VERPLANCK 1640 R DM V 80 VERPLANCK 1787 R DM V 152 VICTORIA 1506 R DM V 21 WADE 1443 R DM V 15 WAKEFIELD 2288 R DM V 25 WAKEFIELD 2476 R DM V 27 WAKEFIELD 1504 R DM V 146 WAKEFIELD 2314 R DM V 182 WAKEFIELD 1467 R DM V 98 WALDEN 1309 R DM V 111 WALDEN 1797 R DM V 128 WALDEN 2160 R DM V 1 57 WA 5400 C DM V "I U4 WALULN 1080 R DM V 166 WALDEN 2094 R DM V 15 WARREN 2003 R DM V 55 WARREN 2550 R DM V 70 WARREN 883 R DM V 83 WARREN 1 1900 R DM V 89 WARREN 2060 R DM V 96 WARREN 2024 R DM V 100 WARREN 2295 R DM V 215 WATSON 2116 R DM V 273 WATSON 2264 R DM V 315 WATSON 923 R DM V 318 WATSON 2260 R DM V 30 WAVERLY 1161.R DM V 85 WAVERLY 2244 R DM V 159 WAVERLY 2590 R DM V 374 WILLIAM 1452 R DM V 378 WILLIAM 6675 R DM V 489 WILLIAM 3344 C DM V 64 WILSON 66 WILSON 192 WILSON 210 WILSON 2422 R 1169 R 1868 R 1621 R DM DM DM ©M _- ,... --- V V •- -_._._ V : 226 WILSON 2684 R DM V 248 WILSON 1415 R DM V 250 WILSON 1406 R DM V 488 WILSON 1238 R DM V 18 WINCHESTER 1532 R DM V 24 WINCHESTER 1856 R DM V 39 WINSLOW 1888 R DM V 145 WINSLOW 1704 R DM V 155 WINSLOW 1400 R DM V 167 WINSLOW 2136 R DM V 283 WINSLOW 1966 R DM V 295 WINSLOW 2200 R 1537 R DM DM V V 297 WINSLOW 304 WINSLOW 2392 R DM V 331 WINSLOW 2484 R DM V 336 WINSLOW 2107 R DM IV 340 WINSLOW 1576 R DM V 346 WINSLOW 2065 R DM V 388 WINSLOW 2288 DM V 425 WINSLOW 21121R DM V 444 WINSLOW 17301 R DM V i Page 10 457 WINSLOW 2371 R DM V 479 WINSLOW 2214 R DM V 4U0 OW A ^^ "' <U J fc DiVI V 489 WINSLOW 2288 R DM V 24 WOEPPEL 2358 R DM V 48 WOEPPEL 1071 R DM V 58 WOEPPEL 1530 R DM V 35 WDHLERS 2420 R DM V 47 WOHLERS 1314 R DM V 181 WDHLERS 1688 R DM V 184 WDHLERS 1322 R DM V 280 WDHLERS 2740 R DM V 411 WDHLERS 2688 R DM V 36 WOLTZ 2131 R DM V 221 WOLTZ 2282 R DM V 224 WOLTZ 1914 R DM V 256 WOLTZ 1446 R DM V 306 WOLTZ 1604 R DM V 328 WOLTZ 1819 R DM V 105 WOODLAWN 2348 R DM V 109 WOODLAWN 2928 R DM V 235 WOODLAWN 1900.R DM V 255 WOODLAWN 1267 R DM V 407 WOODLAWN 1586 R DM V 412 WOODLAWN 2540 R DM V 611 WOODLAWN 2463 R DM V 626 WOODLAWN 1422 R DM IV 657 WOODLAWN (bldg 1) 2332 R DM iv 657 WOODLAWN (bldg 2) 378 R DM V 663 WOODLAWN 1180 R DM V 735 WOODLAWN 2064 R DM V 837 WOODLAWN 1848 R DM V 843 WOODLAWN 2011 R DM V 860 WOODLAWN 1968 R DM V 1423 JEFFERSON 8292 C DM V ... �3 Page 11 City Clerk's Department BUFFALO May 1, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 21 PASSED Apri128, 2009 Second Hand Dealer 333 Connecticut St (Nia) Gerald A Chwalinski City Clerk �p 00 1 ' Common #I (lieu. I193) Sinie "e Communication to the ����nor Council To: The Common Council: Date: April 20, 2009 From: De artment of Economic Development, Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Ca Only Subject: [: Second Hanel Dealer 333 Connecticut St. (Niagara) Prior Council Reference: (If Any) [: Ext. ( Item No. x.xx, C.C:.P._xx / xx /xx Text ( Type Sin =Ic Space Below Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that 1 have examined the attached application for a Second Hanel Dealer License located at 333 Connecticut St and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand 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 Aziz Lenses. The attached thereto for Aziz Lemes d /b /a Duda Second Fland Store. This request is submitted for your approval or whatever action you deem appropriate. Typ c Department plead Narne: .TAMES COMERFORD ..l'y�c '.hitle: DFA U "fY COMMISSIONER- r Signature of Department Head: I c,' Interdepartmental Memo Date: April 20, 2009 To: Janes Comerford, Deputy Commissioner From: Patrick Sole Jr., Director of Perirnits & Inspection Services RE: Common Council Communication Second Hand Dealer at 333 Connecticut. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Second Hand Dealer application to the Common Council: _ Zoning; Office Fire Prevention Building Inspection , Police Department Police Record Check Application r rector Permit & Inspection Services D to i -147 (IRr'IV% 0 / 6) APPLICATION RELEASE FORM TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 0'7 92� There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these 'instructions , you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: 1 C �-- /MAIDEN NAME SEX RAC CURRENT ADDRESS:g DATE OF BIRTH: SOCIAL SECURITY # REASON FOR REQUEST SIGNATURE OF APPLICANT 1. = _ DATE *' 2- c a STATE OF NEW YORK ) 0 , COUNTY OF ERIE ) SS. Co CITY OF BUFFALO ) - r) On the day of U , before me personally appeared to me known to be the same person described in, and Who executed the foregoing instrument and acknowledged the execution thereof. p4 Commissioner of Oeeos * * * * * * * * ** * * * * ** TO BE COMPLETED BY IDENTIFICA ION SECTION PERSON NEL * * * * * * * * ...... CO A VERIFIED BY: NO RECORD ON FILE DATE VERIFIED NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VA T,. UNTIL STAMP + D. o There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these 'instructions , you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: 1 C �-- /MAIDEN NAME SEX RAC CURRENT ADDRESS:g DATE OF BIRTH: SOCIAL SECURITY # REASON FOR REQUEST SIGNATURE OF APPLICANT 1. = _ DATE *' 2- c a STATE OF NEW YORK ) 0 , COUNTY OF ERIE ) SS. Co CITY OF BUFFALO ) - r) On the day of U , before me personally appeared to me known to be the same person described in, and Who executed the foregoing instrument and acknowledged the execution thereof. p4 Commissioner of Oeeos * * * * * * * * ** * * * * ** TO BE COMPLETED BY IDENTIFICA ION SECTION PERSON NEL * * * * * * * * ...... CO A VERIFIED BY: NO RECORD ON FILE DATE VERIFIED NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VA T,. UNTIL STAMP + D. CITY OF BUFFALO OFFICE OF LICENSES -tai rd's r r BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: DUDA SECOND HAND STORE LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 333 CONNECTICUT (716) 880 -9193 AZIZ LEMES (716) 880 -9143 552434 11/07/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APP PROVED DATE: 1 (J z DI VED DATE: DISAPPROVAL CALL BACK DATE: " "REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR _._._ RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlfp2.rpt CITY OF BUFFALO OFFICE OF LICENSES ITY it • T 3-13c- il i YYt1 l.i BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FI`I'ZGERALD APPLICATION FOR: DUDA SECOND HAND STORE LICENSE TYPE SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL.. REASON: 333 CONNECTICUT (716) 880 -9193 AZIZ LEMES (716) 880 -9193 552}34 10/0712008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATES !� DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: 31 INSPECTOR RM# �°� -_--- LXT .� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlip2rp! CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: DUDA SECOND HAND STORE LICE NSE 'TYPE: SECOND HAND DEALER a/ X! BUSINESS ADDRESS: 333 CONNECTICUT BUSINESS PHONE: (716) 880 -9193 COUNCIL. DIS'TRIC'T': POLICE DISTRICT: APPLICANT NAME: A.ZI'!_. LIMES APPL. PHONE: (716) 880 -9193 APPLICATION NUMBER: 552434 REFERRAL DATE: 10/07/2008 REMARKS: DISAPPROVAL REASON; I `�c NEW LICENSE 2009 (TO BE COMPLE`T'ED BY AGENCY /DEPARTMENT REFERRED TO) a RovEn DATE: 0 _ y r DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN:' APPROVED DATE: tr" DISAPPROVED DATE: xx *REASON FOR DISAPPROVAL UST B TATED BELOW REMARKS. COMM. OF POLICE: Deputy Ca "Ifflissiorler, AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. App -Wjp2. rp1 CITY OF BUFFALO OFFICE OF LICENSES 313 CITV IA.,I, BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE, PRE VENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: DUDA SECOND IJAND STORE LICENSE TYPE: SECOND HAND DEADER BUSINESS ADDRESS: 333 CONNECTICUT BUSINESS PIIONE: (716) 880 -9193 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAI, DATE: REMARKS: DISAPPROVAL REASON: A71Z LEM.ES (716) 880 -9193 552434 10/07/2008, 3RD REQUEST NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) <�APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE. ) DATE: 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. Fl o 'rk 11-1-7--of i pfd leas i ( t i 1 Iw ) 6 s , __ 16-� XppSlip2. rpt r OL,APPLYV.DOC OFFICE OF LICENSES 313 CITY HALL A UFIVA' C�, lYnii K r 20 rvius lyFVF 851.4078 LICENSE APPLICATION APPLICA'T'ION MUST BE COMPLETED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS (MEASE CIWCK Li4.EMS CATE€,QRY APPLYWO FOR) USED CAR DEALER SECONJAAND DEALER GARAGE SALE _ _ WHOLESALE JUNK a 1� __,$ CRAP PROCESSOR p k _— P AWNBROKER y� v` FLEA MARKET (NO. OF VENDORS---,..._) DATE ( (� APPLICANT NAME �?i ,Z S APPLICANT HOME PRONE q ! { , / Z A PPLICA NT ADDRESS 8 1 11 " rC� (Nql lfOWN 9R VILLA ) (STATE) (ZIP) CO APPLICANT NAML, CO- APPLICANT HOME PHONE CO- APPLICANT ADDRESS {IVO., sTR��J fCrrx, xOwrr oR vna.Ar,n) {S'T'ATE) {�) CORPORATION BUSINESS NAME O 0 .TE INCORPORA .TED____.- _��..,__._:... e C...- BUSINESS AD DRESS- 3 BUSINESS PHONE '' II FAX11— — APPLICANT HOME PHONE S TAX ID NUI4IBL R DATE OF BIR'I'��I'LACE OF BIR C ARE YOU A U.S. CITIZEN „ HAVE YOU EVER BEEN CONVICTED OF A CRIME ?--p- W, SO S'T'A'T'E WIZEN, WHERE, NATUI U OF OFFENSE AND DISPOSITION LIST PRINCIPAL OFFICERS OF CORPORATION (fF APPLICABLE) (NAME) {ADn7iFSSJ {NAl ) f AD1RL5S) (MAML�) {ADDRESS) (NAME) EAllDHF55) R-To TBj (AI)MMS) (NAME) (ADDRESS) (PAWNBROKER ONLY) GIVE SCHEDULE OF RATES PROPOSED TO. BE CLIARGED ti (6 E 5 A Applicant Signature subscribed and sworn to before ane this;- a p Day 2o ii • ” Commissioner of Deeda in and far the City of Brf#aio, New fork .NON REFUNDABLE APPLICATION FEE Mr. Fontana moved: That the above communication from the Department of Economic Development Permit and Inspections Services dated April 20, 2009, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer License to Aziz Leaves d/b /a Duda Second Hand Store located at 333 Connecticut Street. Passed. A P P 0 MAY 1 1 2009 21 TAB:rmv TAwp60\msword\rmv12I c4- 28a.doc *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK * KEARNS * *` LOCURTO RIVERA RUSSELL SMITH [MAJ- s] * g * 0 [2/3 a 6] [3/4 a 7] FROM THE ZONING BOARD OF APPEALS April 28, 2009 2 ZONING BOARD OF APPEALS 65 Niagara Square, 991 City Hall • Buffalo, NY 14202 -3318 Phone: (716) 851 -4942 • Fax: (716) 851 -4388 CITY OF BUFFALO NEW YORK March 26, 2009 Yousef Jaarah 774 Third Avenue Brooklyn, NY 11232 : 1285 WILLIAM STREET APPLICATION: #135208 Dear Mr. Jaarah: BYOON W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 3125109 granted your petition for a variance to convert and use an existing building as a slaughterhouse and butcher shop for Iamb, goats, livestock and poultry with a "farmer's market" at premises 1285 WILLIAM STREET. The Board conditioned the approval with no outside animal pens; insulation, renovation and a venting system of the building to prevent odors, and proper City, County and State licenses be obtained. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511- 117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 9/26109, the Board's approval will expire and a new application will have to be made. Very truly yours, E James A. Lewis III, Chairman ZONING BOARD OF APPEALS i/ �' v l FROM THE BUFFALO SEWER AUTHORITY April 28, 2009 i= wv i April 16, 2009 Mr. Gerald Chwalinski City Clerk. 1308 City 1-fall 65 Niagara Square Buffalo, NY 14202 Dear Mr. Chwalinski, l�1JM1�11VIS11�.4 "1'IVI (1FI�f'I� 1038 ('17Y 11A1 i 05 NIAOARA SpII:AT i 111 l IfAd.o, NY 14202- =1378 Pnoml: (71(1) 851 -4664 FAA ( 856 -5810 WnsrF. VATE z 1oorof FVFs Fl,lmy 911 wrsr 1 -1 pr ;v S1 r 1,31!1f NY 142 -1793 1'Homr (716) 883 - 1824) l �r.ar ,. Enclosed is a copy of the Buffalo Sewer Authority Operating Fund Budget for fiscal year 2009 -2010. This budget was adopted at the Sewer Authority Board meeting April 15, 2009. Very truly yours, BUFFALO SEWER AUTI IORITY q �. (�� David P. Comerford General Manager DPC:cr Enclosure REFERRED I'M '111"F7 COMMITTEE ON NANCL SEWER AU THORITY n= FROM THE CITY CLERK April 28, 2009 U n n e, 1 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 200 Delaware Ave RECEIVED AND FILED Business Name Uniquest Hospitality LLc d /b /a Avant Owner's Name Michael J. Montante J` April 28, 2009 STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL NOTICE OF HEARING PURSUANT TO SECTION 64(7) OR 64 -a(7) of the Alcoholic Beverage Control Law T0: Applicant and Residence Address Community Board /Munici alit Michael J Montante City of Buffalo 6267 Creekbend Ct. Office of the City Clerk Clarence Center, NY 14032 Buffalo City .Hall RM 1308 4128109 65 Niagara Square 535 Washington St. Buffalo, NY 14202 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64 -a (7) of the Alcoholic Beverage control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: Date: Time: Place of Hearing: NYS Liquor Authority Room: Electric Tower Building Suite 303 4128109 10:00 AM 535 Washington St. Buffalo, NY 14202 An on- premises liquor license application was filed on February„ 17 2009 with the State Liquor Authority for the following premises: Applicant's Name: Erie fit, 31420I6 Uniouest Hosnitality LLC d /h /a Avant Premises Address: I 200 Delaware Ave, Buffalo, NY 14202 i estimony ww De taKen trom: the applicant and/or an authorized representative, M individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at ( 716 ) 847 - 3060. Individuals who do not pre - register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. THERE WILL BE NO ADJOURNMENT OF THIS HEARING. STATE LIQUOR AUTHORIT = DATE: April 9, .2009 ............... $Y: Brandon W Noyes, Executive Officer, Zone III FORM: L.D.3 (8105) cb Q00�S No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed; Mayor /Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks- x Police Lt. Patrick Pascal l Fire- Corporation Counsel- Community Services- Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. April 28, 2009 SINGLE, PAGE COMMUNICATION TOTHF COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DFPARTMI= NT DA'TI 7 April 3, 2009____ POLICI a� DIVISION: SUB.II CT: [ : Leave of Absence PRIOR COUNCIL, REFERENCE: (IF ANY) 1: Item No. Ex. (Item No. xxx C.C.P. xx /xx /xx) "T.I XT: (T YPE SINGLE SPACE BELO Lt. Patrick Pascall assigned to the A- District has been granted a military leave of absence without pay for the period of 94 days commencing April 10, 2009 through July 12, 2009, I- lMG /tlo TYPI DIPAR "I'MkNT IIEAD NAME: H., McCarthy Gipson "TYPE TITLI3: Commissioner of Police SIGNA`I'IJIZ:I' OF DI "PARTMEN`T HEAD: ` - 04- 03 -'09 09,45 FROM P -i "s z UNIT: T -310 P001/001 F-762 ED �] EMPLOYMENT (� FAMILY MEDICAL. MATERNITY � MEDICAL [] MIL ITARY PERSONAL [] ® HE FAMILY MEDIC LEAVE IS A 12 WEEX LEAVE FOR: CARE OF CHILD, SPOt7UM PARENT OR OWN MEDICAL, HEALTH CONDITION (ADDITIONAL FIRM REQUIRED) tE TARING OF ANY LEAVE OF ABSENCE WILL RESULT tN THE LOSS OF THE PACT ATTENDANCE 13EN T (PISA MEM BERS ONLY ® SWORN MM13EM REQUE"NG A LEAVE OF AR.SENCE IN EXCESS OF THIRTY (30) DAYS MUST SURRENDER THFIR DEPARTMENTAL WEAPON, CAP SPRAY, SADGE & 10 CARD PRIOR TO T(IE START OF THFJR LEAVE. FARE 1'O t)0 SO "Ll. RESUL T IN rHE REVOIbA770N OF 7nE LEA1e OF AASENGE AND THE CARRWNry OF THE MRAMER AS DING AML EXP LANATION O LEAVE; k � Le APPROVED I DENIED I ARPROVAL COND1770NMD UPON SURRENDER OF D9 AR7'MENTAL E UIPMENT If DECEIVED AD MINISTRATWE SCS ' ? COMMANDING OFFICER REQUESTING EMPLOYEE ORIGINAL - COMMISSIONER'S OFFIC CIVIL SEwr - 04- 03-w'09 10:49 FROM TO- Pool /001 DATE Q00�') 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. i April 28, 2009 t #I SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL ' TO: THE COMMON COUNCIL: DATE April 1 G, 2009 EPROM: DEPARTMENT BUFFALO SEWER AUrITI DIVISION ADMINISTRATIVE SUBJECT [: BOARD ATTENDANCE ENTER PRIOR COUNCIL REFERENCE: (III ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting; orthe Buffalo Sewer Authority held on April 15, 2009, in Room. 1038 City Hall: Herbert L. Bellamy, Jr., Chairman John .D. Kennedy, Sr., Vice Chairman Christopher Roosevelt, Assistant Vice Chairnan Eleanor C. Wilson- DiVincenzo, Secretary John E. Kennedy, Jr., Assistant Secretary Absent: None DEPARTMENT HEAD NAME DAVID P. COMERFORD TITLE GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD: - f V r.0 :' r tiff 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. April 28, 2009 113 (Rev 1 -02) Certificate of Appointment �t In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 1 t 3 6-c j in the Department of Public Works Division of Streets to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT jEnter Starting Salary) : Starting Salary of $11.11 hr. LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Arthur Robinson III DATE ADDRESS 192 Maurice St. CITY & ZIP Buffalo, NY 14210 LAST 4 DIGITS OF SSN. XXX -XX -6516 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 15030 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2008 -409 SALARY RANGE OF POSITION $11.11 PER YEAR DAY HOUR HOUR REASON FOR APPT_ ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY; TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: UMUINAL + :3 UUFR: 5 I U: Ul t Y ULkKK UNlt3tt - UKV_ HYF'U3 I Mt=N I UH It OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERV SlCIVIL S RVICE #7- _BUDGET #8- DEPARTMENT #9- DIVISION #10- ECUIPLO1r Etes) POSITION ALLOCATION MAINTENANCE FORM Title Laborer II Department/Division Public Works, Parks & _Streets, Division of Start hate t - Original. PR No. 2008 -12 �j Title C ode Flo. Salary Budget Function No. 9624 $11.11 hr. 13111001- 412002 C� { ; Reason for appointment (check one) ❑ Status Change M Reinstatement ❑ Replacement ❑ Extension. Type of Status Change (cheek one) e of A ointment• ❑ Permanent ❑ Contingent Permanent ❑ Provisional ❑ Temporary ® Seasonal ❑ From Temporary to Provisional ❑ From Temporary to Permanent ❑ From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other CIassification ❑ Exempt ❑ Competitive ® Non - Competitive Comments Nolan Skipper previously worked for The Department of Public Works Division of En irreerin in Auuust 2008. Ein loyee Information: Name Nolan Skipper SS# - -- - .Address 89 Crystal Avenue DOB 12/25/89 Ci Buffalo State New York 7i Code 14220 AV ; 'gnatur_c- , App -aipti ng Autlx ' Date - Signature of Director of Budget Date / Signature of Adm. Director of Civil Service Date Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget 0 (Rev 1 -02) Certificate of Appointment In compliance witli provisions of' Section 24 -2 of the Charter and Chapter 35 -1 Of the ordiaaances of the City of Buffalo, I transmit this certification ot'appoinfineait(s) or protrtotio[t(s). I further certify that the person(s) na]InW in Schedule "A" have been certilied or approved by the Hnma ResourccslCivil Survice for the Appointment Effective: April X 2009 in the Department of Administration, Finance, Policy & Urban Affairs Division of Parking Enforcement to the Position of Laborer ll Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) FLAT jEnter Starting Salary) : Starting Salary of $11.57/hour LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Marvin Dones 11 DATE ADDRESS 174 Myrtle CITY & ZIP 14204 LAST 4 DIGITS OF SSN. XXX -XX -6446 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & 21P LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 1141$001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ, ID PERSONNEL REQ. NO 2008 -96 SALARY RANGE OF POSITION $11.57 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING Janet Penksa Commissioner OTHER COPIES TO: #5- COMPTROLLER i6- HUMAN SE»RVICESIG'IVIL W_- #8- DEPARTMENT #9- DIVISION #10- EMPLgYEE(S) #7- BUDGET 44 (Rev 7 -07) Certificate of Appointment 1� III compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or prornotion(s). I further certify that the persons) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: April 22, 2009 in the Department of Community Services & Recreational Programming Division of Youth to the Position of In tern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNCLASSIFIED Open Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Eater Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE NAME Erika Sykes LAST DEPARTMENT DATE ADDRESS 143 Oakgrove LAST SALARY CITY & ZIP Buffalo 14214 LAST 4 DIGITS OF SS XXX -XX -9945 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 15513001 TITLE CODE NO 1775 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: Tanya Perrin - Johnson TITLE OF APPOINTING, AUTHORITY: Commissioner, Community Services & Recreational Programming DATE SIGNATURE OF APPOINTING OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- B UDGET #6- DEPARTMENT #7- DIVISION #S EMPLQYEE(S NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS April 28, 2009 0001 -s CITY OF BUFFALO COMMON COUNCIL ANNUAL ACTION PLAN 2009 -2010 "ENHANCING OUR ENVIRONMENT" COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW THE :) L y .` BUDGE �-. � s� ��: �; A�7� �' � F Fes._ A.�.� O City of Buffalo Common Council Annual Action Plan 2009 -2010 'E't 4 ° t► - .,r... �r -. Er ter° �r—w- w ° -�► ° �r e � is €�: Rigr - K S ' 41 ° t► - .,r... �r -. Er ter° �r—w- w ° -�► ° �r e � TABLE OF CONTENTS Page MISSION STATEMENT OF THE COMMON COUNCIL 1 MESSAGE FROM THE COUNCIL PRESIDENT 1 NEIGHBORHOODS - QUALITY OF LIFE INITIATIVES Adopt a Comprehensive Housing and Infrastructure Plan 3 Create New Weatherization Programs 4 Implement and Enforce Complete Streets Initiatives 4 Promote Urban Farming 5 Crack Down on Problem Delis 6 PUBLIC SAFETY INITIATIVES Use Crimereports.com to Combat Crime 6 Equip the Buffalo Police Dept. with Hand Held Tinted Window Scanners 7 Create a Text -a -Tip Program 7 INTERMUNICIPAL RELATIONS INITIATIVES Develop a Policy to Deal with Sprawl 8 Utilize County -wide Planning 9 Restore Buffalo, NY 9 Devote Appropriate Funding to Operate and Maintain City Parks 14 Expand Public Transportation Options 1 'I ENVIRONMENT ENHANCEMENT INITIATIVES Establish Re -Use Programs 11 Add Composting to City Recycling Efforts 12 Incorporate LEER & Energy Star Standards 13 Create a Holistic Waterfront Development Plan 13 CITIZEN PARTICIPATION INITIATIVES Allow Voters to Consider Adopting a Nonpartisan System of Elections 14 Expand the Formal Role of Good Neighbors' Planning Alliances 14 Publish all City Contracts Online for Public Review 16 Explore Reform Measures for COB Employees 15 MEMBERS OF THE COMMON COUNCIL 17 NEIGHBORHOODS -- QUALITY OF LIFE INITIATIVES Adopt a Comprehensive Housing an Infrastructure Plan History has shown that population loss is often detrimental to a community. A decrease in its number of residents will typically lead to a community generating less revenue from fees and taxes unless rates are increased. Such funding streams are critical sources of revenue that cities need in order to fund their operations, provide citizens with services, and maintain, repair and replace public assets. In the short term, replacing lost population is very difficult. "Shrinking" cities are thus left with limited options for combating the loss of revenue, none of which are particularly attractive. While some strategies may be successful in allowing a city to increase revenues and/or cut costs in the short term, they often have the undesirable effect of impairing economic development efforts, lowering quality -of -life for residents, and actually increasing the rate at which a city's population shrinks in the long term. One of the most visible signs of population loss is housing vacancies. Buffalo's current population is nearly 50% smaller than what it was at its peak. As a result, the City contains significantly more homes than are needed for its residents. Many neighborhoods are plagued by depressed home values, a low demand for housing and large numbers of aging and dilapidated homes that are abandoned and need to be demolished. Sewers, streets, and other types of infrastructure were designed to serve many more residents than live in the City today and frequently operate well under capacity. The cost to the City to operate and maintain this infrastructure has not decreased proportionally with Buffalo's population loss and so fewer taxpayers must foot the bill for required maintenance. The City of Buffalo and its allied agencies offer a number of programs that provide loans and grants to induce residents to update and repair their homes. For example, financial aid is being made available to help homeowners replace roofs and update structures to make them more energy efficient. The City's efforts have been criticized, however, because of a perception that although the City offers housing programs, it continues to operate without a true housing plan. Many have charged that the programming that is being offered lacks centralized coordination, a comprehensive vision, and little is being done to address the fact that Buffalo no longer needs, nor can afford to support, an infrastructure that was designed for a city with a population twice its current size. The Council maintains that a collaborative effort between the City's administration, the District Common Council Members and allied City agencies is needed to develop a Comprehensive Housing and Infrastructure Plan. This plan should complement the goals of Queen City in the 21st Century. Buffalo's Comprehensive Plan and establish policies to protect stable neighborhoods and innovative ways to reduce costs to the city. This new Comprehensive Housing and Infrastructure Plan should include demolition and re -use policies, land - banking strategies, and a blue -print to improve the quality -of -life in residential neighborhoods. The Council anticipates the continued collaboration of these stakeholders to ensure the administration of housing programs in a manner that coordinates with the City's Comprehensive Housing Plan objectives. 3 City of Buffalo Common Council- Annual Action Plan, 2009 -2010 Create New Weatherization Programs Without appropriate upkeep and maintenance, structures will eventually begin to succumb to the effects of time and weather. If minor problems with homes are left unaddressed, they can quickly lead to more serious problems which may ultimately compromise a building structurally and require costly repairs or even demolitions. Although the City attempts to hold property owners responsible for demolition costs, often times these costs must be absorbed by the City. Demolitions can also harm the environment and disrupt the fabric of a neighborhood. Demolitions negatively impact the environment because the debris that is left over must be sent to landfills. When demolitions result in empty lots, the land can easily become overrun with weeds and often is used for unauthorized dumping. When replacement homes are built, natural resources must be extracted from the environment for its construction and such homes are typically of an incompatible, suburban character that does not resemble the prevailing architecture of surrounding homes. In either situation, the fabric of that community is disrupted. The need to demolish or make costly repairs to a home can be avoided through proper "weatherization." Weatherizing protects the interior and exterior of a building from the damaging cumulative effects of sunlight, precipitation and wind. Although building owners may incur significant upfront costs with certain types of weatherization, they are likely to realize significant savings over the long term. This is because preventative maintenance substantially decreases the likelihood that costly weather related repairs will be needed in the future. Additionally, residents are likely to realize immediate cost savings as a result of optimized energy efficiency and decreased energy consumption. Weatherizing a property can greatly extend a structure's lifespan and make it more marketable to prospective tenants. Weatherization programs that target rental property owners, such as low - interest financing for weatherization and repairs to single- family and multi - family investment rental properties, can be used as a further incentive for landlords to make weatherization upgrades. This is especially important in low - income neighborhoods where abandonment of dilapidated homes is a serious problem and many renters struggle to pay their utility bills. Although available funding streams are limited and the City has many needs, the Council believes that offering weatherization programs to homeowners is critically important to leveraging the private investment that is needed to strengthen our neighborhoods. The Council advocates for prioritizing home weatherization and rehabilitation programs using Community Development Block Grant ( "CDBG ") funding, and pledges to do all it can to persuade allied agencies to prioritize their spending plans accordingly. Implement and Enforce Complete Streets Initiatives In the past, some pedestrians and bicyclists criticized the City for failing to take a comprehensive approach to the design of City streets. Critics felt that the needs of bicyclists and pedestrians were rarely considered to be integral parts of overall street designs and, when 4 City of Buffalo Common Council- Annual Action Plan, 2005 -2090 ti such features were incorporated, they were often last- minute additions to otherwise auto - centric designs. In 2008, the Council took a concrete step towards ensuring that amenities for bicyclists and pedestrians are included, where appropriate, on roadway projects by unanimously approving a "Complete Streets" ordinance. The Council's Complete Streets ordinance will only be effective in its goal of making Buffalo's streets a safer and more attractive place for bicyclists and pedestrians if the City consistently applies and enforces this law. To this end, the Council vows to work closely with the City's administration and all involved departments in the upcoming year to ensure that Buffalo continues to develop into a city of "complete streets." Promote Urban Farmin As society has become more aware of the environmental impact of large -scale commercial farming and the importance of dietary health, people have increasingly begun to pay attention to the source of the food they eat. As a result, most large supermarkets now feature organic food sections and signage to market food that is produced locally. Many City residents, however, particularly those who do not own their own transportation, lack convenient access to a large supermarket. These residents commonly shop at small delis or corner stores to meet their family's daily nutritional needs, many of which offer a narrow range of products and rarely contain fresh produce. As a result, urban agriculture has become a popular means for city - dwellers to obtain fresh produce. Backyard family vegetable gardens have long been common in Buffalo, but recently some residents have expressed an interest. in establishing urban farms to provide fresh produce to local markets. Urban farming raises legal issues, however, because some sites that are being targeted for farming are currently zoned for residential rather than agricultural use. Safety is also a concern in some areas of the City due to past industrial use of land and the threat of soil contamination. In addition to growing produce, some residents are seeking to raise poultry for egg production in the City and are lobbying the Council to adopt an ordinance that would allow them to do so. Opponents of such plans fear that allowing residents to raise hens or other poultry will lead to noise, unpleasant smells and unsanitary conditions that will prove to be a nuisance in Buffalo's compact neighborhoods. The Council supports urban agriculture in Buffalo and is committed to developing policies that will encourage the availability of healthy, locally grown produce for all City residents while protecting the quality of life found in our neighborhoods. In the upcoming year, the Council intends to evaluate existing licensing and zoning ordinances to analyze their impact on urban agricultural endeavors and will consider the need to amend or supplement the City's laws in this regard. City of Buffalo Common Council- Annual Action Plan, 2009 -2010 Crack Down on Problem Delis The City frequently receives complaints regarding health code violations and suspected criminal activity associated with deli stores. Some deli stores have been cited for selling alcohol and tobacco to minors, and others are reportedly selling products that are explicitly made for or are frequently associated with the use or sale of drugs. The visibility and availability of these items, particularly in poor neighborhoods, is often cited as a contributing factor to drug use by minors. Drug abuse has been closely correlated with a variety of crimes including domestic abuse, gang violence, theft, and destruction of property. In years past, the Council had created a Deli Task Force to address problems associated with deli shops and their owners. Though no longer active, when the Deli Task Force was operational, it was successful in abating illegal activity in deli stores throughout the City. While many delis are well run, it is important for the City to act aggressively to address those that are not compliant in order to send a strong and clear message to residents and business owners that illegal activities will not be tolerated in the City of Buffalo. To this end, the Council intends to pass legislation to target problem delis in the upcoming year. Specifically, the Council plans on working in coordination with the City's Departments of Police, Economic Development, Permits & Inspections, and Law to create ordinances that will prohibit the sale of drug related paraphernalia in the City of Buffalo and re- establish the City's Deli Task Force. The Council intends to strengthen the reconstituted Deli Task Force by expanding its membership to include representatives from each Council District and Police Precinct and by charging the Deli Task Force with developing legislation to create a Deli Licensing Review Board to oversee deli license issuances and renewals as well as the adjudication of certain type of deli license violations. PUBLIC SAFETY INITIATIVES Use Crimereports.com to Combat Crime Despite recent strides to decrease overall crime in our City, residents continue to voice concerns about random acts of violence within their neighborhoods. As a Council, we believe that it is imperative that Buffalo continue to explore new tools and technologies that hold the potential for making our streets safer. Although the recent installation of security cameras throughout the City has been a promising step forward, many opportunities remain for the use of technology to improve its crime - fighting efforts. One way in which the City could do this is by utilizing a website, such as Crimereports.com, which would provide the public with real -time crime data that can be accessed 24 -hours a clay by anyone with a computer. Such services allow residents to access a map of their neighborhood which shows the location and provides a brief description of the crimes that have been reported in that area. By providing public access to this type of critical information, neighborhood residents would be afforded an opportunity to be more proactive in protecting themselves from crime. 6 City of Buffalo Common Council- Annual Action Plan, 2009 -2010 Members of the City's Police and Fire Departments do a tremendous job of protecting Buffalo's residents. Their jobs are dangerous however, and the City should do all that it can to equip those charged with keeping our City safe with the most up -to -date technology available. To this end, the Council requests that the City's Administration and Police Department explore ways to fund a subscription to Crimereports.com or a similar service in the City's 20092010 Annual Operating Budget. Eguip the Buffalo Police Department with Hand Held Tinted Window Scanners Vehicles with illegally tinted windows pose a grave safety concern to their occupants, pedestrians and other motorists because they severely diminish visibility. Because it is difficult to see "through" such vehicles, drivers and pedestrians have little time to react to people or things that they encounter. Dark window tinting on a vehicle can also lead to illegal activities going unseen or unreported because the identity and activities of occupants are largely shielded from public view. The New York State Department of Motor Vehicles ( "NYSDMV ") has attempted to combat this problem and improve motor vehicle and operator safety by publishing guidelines which specify the allowable level of window tinting for motor vehicles. Despite this information being widely available however, City residents continue to report seeing vehicles with illegally tinted windows on Buffalo's streets. To address this problem, the Council encourages the City's Administration to allocate Drug Asset Forfeiture funds for the purchase of "Hand Held Tinted Window Scanners" for use by police officers in each of the City's police precincts. Obtaining this important technology would greatly assist law enforcement in identifying vehicles that are in violation of NYSDMV guidelines to ensure public safety and encourage greater compliance with the law. Create a Text -a4ip Program Often, suspected criminal behavior goes unreported to police because witnesses do not want to become involved or are afraid to come forward. In some situations, this is a result of witnesses simply not wanting to take the time to call police or visit a police station to file a report_ In other cases, however, witnesses that would like to do the right thing by reporting suspicious or criminal behavior do not come forward out of fear of being subject to retaliation from the perpetrators or being labeled as a "snitch." Over the past several years, there has been a tremendous increase in the quality, availability and affordability of electronic devices such as cellular phones, personal digital assistants ( "PDAs ") and laptop computers. Police Departments across the country have benefited greatly from this growth in technology through such things as radar -based traffic monitoring devices, police cruisers with on -board computers, photo - monitoring devices and global positioning systems ( "GPS "). 7 City of Buffalo Common Council- Annual Action Plan, 2009 -2010 The popularity and convenience of electronic devices, along with the speed with which they can be used to communicate detailed information, could make them a valuable tool for law enforcement. This is especially true considering that, in addition to allowing the transmission of real time crime information, software can be used in conjunction with these devices which ensures the confidentially of those who text or email. The City of Buffalo Police Department currently utilizes technology whereby those with crime tips can call a confidential phone number to speak with an operator or leave a recorded message. The Common Council would like to see this concept applied to tips communicated by text - message and email as well. The Common Council requests that the City's Department of Management Information Systems ( "MIS "), in concert with the Buffalo Police Department, explore the creation of both "Text -a -Tip" and "Email -a -Tip" programs in order to give the public an easy and confidential way to communicate valuable crime information to police. INTERMUNICIPAL RELATIONS INITIATIVES Develop Initiatives to Deal with Sprawl The "Flight to the Suburbs" has been an all- too - familiar trend in the City of Buffalo and throughout Western New York. When the population of a community is stable or decreasing, sprawl disperses existing businesses and residents over a larger area. This typically results in the need to install new infrastructure to service the movement of people and business to traditionally rural areas. This is an inefficient use of a community's limited resources because services must be spread out over a much larger geographic area and pre - existing infrastructure located in traditionally more populated areas ends up operating substantially below its capacity. This problem is exacerbated when local governments and development agencies that offer subsidies and tax breaks to attract new businesses to their municipality instead attract businesses that are currently based in neighboring communities or elsewhere within the Western New York region. This competition is unhealthy because it pits communities that should be working together against one another and leads to a surplus of residential, retail and office space. In addition, the structures that are left behind by businesses that have relocated are often difficult to adapt to new uses and may end up being abandoned. Urban areas such as Buffalo, where the region's population and industry have been traditionally based, have been especially hard hit by the loss of population and business. This has resulted in a smaller tax base and need for those remaining to bear an increased financial burden in terms of taxes and fees. Those people that remain in the City are on average less wealthy than those who move out to the suburbs where the homes and taxes are more costly and there are fewer public transportation options available. For this reason, sprawl has been referred to by some as a "silent discriminator." S City of Buffalo Common Council- Annual Action Plan, 2009 -2010 ,z t ,✓ Western New York will continue to suffer from the negative effects of sprawl unless local municipalities find a way to work together to solve this problem. Residents and businesses can ill afford to allow their local leaders to continue pursuing a "what's best for me" approach to housing and economic development. The Common Council intends to work closely with the City's Administration to reach out to neighboring municipalities, state and federal legislators and local business leaders to develop and support anti - sprawl legislation in Western New York. In doing so, it will be important to balance the needs of individual municipalities with the recognition that regional coordination is needed to make Western New York a more attractive place to locate for residents and businesses. In the upcoming year, the Council vows to challenge local leaders, at all levels, to work together to develop a regional solution to the problem of sprawl. Utilize County -wide Plannin As far back as 2006, the "Erie- Niagara Framework for Regional Growth" advocated for the establishment of a county -wide planning board. This regional planning document was approved by both Erie and Niagara Counties and heavily focused on discouraging sprawl. It has been estimated that creation of a county -wide planning board could result in nearly $800 million in savings over the next twenty -five (25) years by curbing new infrastructure projects. Utilizing a county -wide approach to planning would enable the identification of projects that seek to extend county infrastructure or otherwise contribute to sprawl. A county -wide board is also likely to ensure that a regional perspective is provided on the projects that come before each town and city's individual planning departments and discourage patchwork or incompatible development. Under a proposal currently before the Erie County Legislature, town and municipal planning boards would maintain the power to approve or deny new projects. The role of the county- wide board would be to develop standards that support a comprehensive regional vision for development which could be applied to the individual needs of each village, town and city. The county -wide planning board would also be given an opportunity to review and provide comment and professional and technical expertise to supplement local planning efforts. Today, only four counties in New York State lack a county -wide planning board, but with the support of community groups, politicians, academics and the. local developers, regional planning in Erie County may soon become a reality. The Council advocates for the passage of the proposal currently before the Erie County Legislature to create a county -wide planning board or similar legislation to combat harmful sprawl and is in favor of exploring all options to bring true comprehensive planning to Buffalo and Western New York. Restore Buffalo, NY ReSfore NY is a program sponsored by New York State to encourage economic development and neighborhood growth by providing municipalities with financial assistance for revitalization of commercial and residential properties. Revitalizing Buffalo's existing infrastructure can lead 9 City of Buffalo Common Council- Annual Action Plan, 2009- -2010 to reduced maintenance costs and increase property values that will aid the City in retaining and attracting individuals, families, industries, and commercial enterprises. The availability of this funding stream presents the City with a tremendous opportunity, and this year's allocation of ReStore NY program funding will be the last and largest allocation in the program's three year history. In order to leverage the greatest benefit from the ReStore NY program, it will be critical for all branches of City government and community groups to work together to identify the most proactive, strategic and creative uses for this funding. The Council stands ready to assist the City's administration in this regard and suggests that residential rehabilitation, deconstruction, and/or new construction to complement ongoing demolition efforts be considered of primary importance in preparing the City's funding request. In order to ensure the best use of this funding, residents and community organizations with on- the- ground knowledge of their neighborhoods must be given an opportunity to provide meaningful input into the preparation of the City's ReStore NY application. Devote Appropriate Funding to Operate and Maintain City Parks In 2004, the City of Buffalo entered into a 15 -year intermunicipal agreement with the County of Erie which gave the County the responsibility for maintaining City parks. The terms of this agreement call for the City to pay the County $1.8 Million annually with the County being entitled to keep revenues generated from park user fees. While the County is responsible for the operating and maintenance ( "O &M ") costs, the City is responsible for capital improvements ( "capital ") costs. Shortly after entering into the intermunicipai agreement, Erie County subcontracted responsibility for Olmsted - designed Parks and Parkways to the Olmsted Parks Conservancy Organization. However, numerous disputes have erupted between the County and City over O &M and capital costs, since many small problems in City Parks that should have been categorized as minor O &M repair costs were left unaddressed and worsened over time to the point where capital improvements are now needed. Many City parks are in need of funding for projects ranging from basic repairs to broken or outdated playground equipment to the major improvements that are needed to the five -acre wading pool in Martin Luther King Jr. Park, the Casino in Cazenovia Park, and Centennial Pool in LaSalle Park. It has long been recognized that these repairs and replacements are needed, but for too long they have been put off because parks funding has not been considered a top priority. The City is now in a stronger financial position but still has limited resources at its disposal to address its many pressing needs. The Council recognizes the need to restore Buffalo's parks, however, and intends to work with the Comptroller and the City's administration to identify funding for long overdue parks improvements. This will include an exploration of the possibility of identifying outside funding sources from public - private partnerships and coordination with other layers of government. 10 City of Buffalo Common Council- Annual Action Plan, 2009 -2010 )� Expand Public Transportation Options Many Buffalo residents do not own an automobile and primarily rely upon public transportation to get around. For the most part, public transportation within the City of Buffalo is recognized as being adequate. Access to public transportation that extends beyond Buffalo, however, is limited. In recent years, sprawl and other factors have resulted in the areas with the highest level of job creation locally being found beyond the City's borders. This situation is especially problematic for Buffalo residents who work outside of the City and are reliant upon public transportation to reach their job. As a result of infrequent departure times and the need to make multiple transfers, those relying upon public transportation commonly face much longer travel times than those who own their own vehicles. This can negatively affect the quality of life enjoyed by riders and their families. Working in concert with the Niagara Frontier Transit Authority ( °NFTA "), the Council intends to explore the possibility of expanded Metro rail and bus service to Buffalo's suburbs in the upcoming year. Additionally, the feasibility of utilizing alternative strategies such as car- pooling and car - sharing should be studied. The Council has long been, and will continue to be, an advocate for increasing transportation options for residents of the City of Buffalo and its suburbs. ENVIRONMENT ENHANCEMENT INITIATIVES Establish Re-Use Programs The City, its allied agencies and not - for - profit community based organizations are constantly in a position of being asked to do more with fewer resources. This is partially a result of greater need for certain services in the community, and partially a result of increasing costs for materials and supplies used in their course of operations. To deal with this, many have revised their policies and procedures for material and supply procurement and use. It is an old saying that "one man's trash is another's treasure." Buffalo ReUse (www.buffaloreuse.com) is one organization that has taken this adage to heart. This private company offers an environmentally sound alternative to demolishing unwanted structures by "deconstructing" them instead. This allows Buffalo ReUse to salvage building materials for resale that otherwise would likely be reduced to scrap and rubble. Once materials are removed, cleaned and catalogued, they are offered for sale at prices much lower than what would be charged for a comparable new item. This is an intriguing model that the City might be able to adapt not only for demolition work, but other areas in which materials and supplies that have not yet exceeded their useful life are being discarded as well. It is common for people and businesses to discard excess, unwanted or even unused materials as trash. Often, discarded items exhibit some wear and tear but have significant time left in their useful life. Finding a way to re -use such materials would allow II City of Buffalo Common Council- Annual Action Plan, 2009 -2010 the City, its allied agencies and community based organizations to lessen their procurement costs and free up money for additional programming. In some situations, reuse may be as simple as identifying another party that that could use an unwanted item. At other times, more creativity and vision is needed. For example, header and footer information can be trimmed from sheets of paper to create message pads and the unused side of paper could be donated to community based organizations for use in their programming for children and seniors. The Council urges the City's Administration to work with all City Departments, allied organizations and local businesses to find creative ways to capture and reuse excess materials and supplies. Participation in a re -use program could be incentivized by marketing it as an opportunity for individuals and businesses to make a philanthropic difference in their community while receiving the benefit of being able to avail themselves of a charitable tax deduction in accordance with federal and state taxation guidelines. Add Comoostinq to City Recvclinq.._Efforts Composting involves separating out organic waste, such as leaves, vegetable and manure, from other refuse and allowing it to decay for later use as a fertilizer that improves soil structure and provides the nutrients that plants need to thrive. The addition of compost can regenerate poor soil by encouraging the growth of beneficial bacteria and fungi, which break down organic matter and increase the ability of soil to retain moisture. Composting also conserves resources, helps to suppress plant diseases and pests, promotes higher crop yields, and reduces or eliminates the need for environmentally damaging chemical fertilizers. By all reports, cities that have instituted robust recycling programs that include composting have seen economic and environmental benefits that easily justify the costs involved in launching and maintaining these programs. Cities such as Toronto, Ontario, and Berkley, California, have seen a dramatic decrease in the amount of garbage they direct to landfills since making food composting a part of their regular weekly garbage collection activities. Separating out organic material from other types of garbage allows for the secondary use of these materials for things such as mulch, topsoil, seed starting mix, and "compost tea," a liquid compost used for watering plants. In the State of California, free workshops are offered to teach residents, schools, clubs and neighborhood associations about the benefits of composting and how the process works. As part of the City's continued review of its recycling policies, the Council urges the Administration to devote resources to encourage residents to begin composting of yard waste, food scraps, and other organic materials. The City has received recycling revenues of over $100,000, a portion of which has already been earmarked for marketing and education efforts relating to recycling. A percentage of this funding could be directed towards launching a new campaign with the goal of increasing awareness and educating residents and businesses on the benefits of composting. This initiative would likely produce new revenues, decrease the amount of garbage that is sent to landfills, and lessen the impact of chemicals on our urban environment. 12 City of Buffalo Common Council- Annual Action Plan, 2009 -2010 Incorporate LEED & Energy Star Standards While the cost of buying a home or renting an apartment in Buffalo is extremely affordable by national standards, City residents pay some of the highest energy prices in the nation. High energy costs are particularly burdensome on those of lesser incomes, many of whom rent because they cannot afford to own a home. A recent study showed that approximately 42% of renters in Buffalo spend around 30% of their income on payment of home utility bills. Homes can be made more affordable by building or adapting them to meet Leadership in Energy and Environmental Design ( " LEED ") certification and/or Energy Star energy efficiency standards. Homes that comply with these standards use less energy and have lower utility bills. Energy efficiency standards also benefit the environment because they lead to decreased pollution and conserve natural resources. In recognition of this, the Council intends to take several steps to increase the energy efficiency of Buffalo's housing stock. The Council seeks to incorporate a "Green Affordable Housing Fund" into the next five -year Consolidated Plan that is developed for the City. It is envisioned that this fund would provide grants and loans to encourage energy efficient affordable housing and could be funded through a portion of the City's accumulated fund balance or using federal or state grants monies. The Council also plans to pass legislation that will amend City regulations so as to incentivize compliance with "LEED" standards through grant awards, require that all new homes in the City of Buffalo utilize energy efficient products and employ Energy Star practices, and require landlords to disclose to prospective tenants information regarding an apartment's energy consumption. This landlord disclosure requirement is intended to encourage landlords to make energy efficient repairs that will result in utility cost savings for their tenants. Create a Holistic Waterfront Development Plan Although our long, freshwater coastline is perhaps Buffalo's greatest asset, for many years this area of the City has been underdeveloped. Despite decades of inaction, however, in recent years there has been a renewed sense of urgency among politicians, developers and City residents to unlock the world -class potential of Buffalo's waterfront. Evidence of this can be seen in several projects on the water's edge including completion of Phase II of the Preferred Master Plan for the Erie Canal Harbor, the construction of the Waterfront Place Condominiums, and significant progress being made to further develop the Erie Basin Marina. The acquisition of the former Cargill Inc. parcel on the Outer Harbor by the Erie Canal Harbor Development Corp. ( "ECHDC ") is also contributing to this momentum. Various segments .of Buffalo's waterfront, however, still remain under the jurisdiction of a patchwork of different governmental agencies and development authorities. This has proved to be a major impediment to ensuring that a unified, comprehensive vision is realized for the waterfront. Efforts have been made to unify ownership of certain parcels, including negotiations between the Niagara Frontier Transportation Authority ( "NFTA ") and ECHDC to transfer ownership and control of the NFTA's Outer Harbor property to ECHDC, but these talks have reportedly stalled. l City of Buffalo Common Council- Annual Action Pian, 2009 -2010 While the different organizations that control parcels on Buffalo's waterfront appear to be unanimously in favor of developing a true "destination" waterfront, there is presently no mechanism in place to make sure that the individual plans proposed or being pursued for each parcel will complement one another, be compatible with each other, or enhance any overall vision for the waterfront as a whole. The Council recognizes the need for a coordinated, holistic approach to planning and developing the City's waterfront in order to unlock this area's vast potential, and encourages increased dialogue between all stakeholders. In particular, the Council urges the NFTA and ECHDC to find a way to quickly resolve their differences so that strategic property on the Outer Harbor can be developed for the benefit of the entire community. CITIZEN PARTICIPATION INITIATIVES Allow Voters to Consider Adopting a Nonpartisan System o Elections Many cities nationwide employ an election system known as nonpartisan elections, in which political parties have no official role in the elections process. Under a nonpartisan system, neither the political party that a candidate belongs to, nor those that they are endorsed by, appear anywhere on the election ballot. Additionally, in nonpartisan primary elections, there are no restrictions on eligible candidates or eligible voters based upon party membership. All registered voters are eligible to vote in nonpartisan primary elections, and the candidates who appear on the ballot may be members of any political party or no political party at all. Although nonpartisan election systems have their share of critics, many claim that nonpartisan elections are more likely to result in the election of the candidate with the best ideas, rather than the candidate that is endorsed by the political party with the largest number of registered voters. In addition, proponents of nonpartisan elections claim that they are likely to result in a wider selection of viewpoints and candidates being on the ballot when compared to a partisan election scheme as is currently employed in the City of Buffalo. In 2008, the Council unanimously approved a resolution directing that all necessary steps be taken to ensure that the voters of the City of Buffalo are given the option of adopting a nonpartisan system for the election of candidates to City -wide elected offices. The Council remains firmly committed to a course of action which will put this matter directly before the City's voters this year through a referendum. Expand the Formal Role of Good Neighbors' Planning Alliances Experience has shown that, in order for a development project to be successful, it is crucial for residents who will be affected by the project to be involved early, and often, in the planning process. This dialogue with the public should remain open throughout the lifecycle of a project and should not be prematurely concluded once planning is finalized or construction commences. ]4 City of Buffalo Common Council- Annual Action Plan, 2009 -2010 The mechanism currently employed by the City of Buffalo to ensure community input into its planning processes relies upon coordination with neighborhood based groups referred to as Good Neighbors' Planning Alliances ( "GNPAs "). As part of the City's ongoing Comprehensive Planning Efforts, GNPAs have been given a formal role in involving citizens in the creation of community -based action plans that will be used to chart the future direction of their neighborhoods, Legislation is currently before the Council for consideration that would compel developers to furnish project plans to the appropriate Good Neighbors' Planning Alliance for comment to ensure that their recommendations are being followed. The Council advocates for an expanded role for Good Neighbors' Planning Alliances to ensure that the projects which the City undertakes truly reflect the vision and needs of its neighborhood residents. Publish all City Contracts Online for Public Review The City of Buffalo's contracting processes has been criticized by many for being unclear and lacking central organization and transparency, It is critical for the City of Buffalo to maintain public confidence in the integrity of its bidding processes and the way that tax dollars are being spent. A cost effective and convenient way in which the City could increase the transparency of its contracts is by making these documents accessible online using the City of Buffalo website. The City already provides the public with the opportunity to read and download many other types of documents using its website and extending this functionality to contracts is unlikely to be cost or manpower prohibitive. The Council intends to work with the City's Administration, Departments of Law and Management Information Services ( "MIS "), and allied agencies to create a publicly accessible database for all contracts to ensure greater transparency in City government, Explore Reform Measures for COB Employees Some have alleged that City of Buffalo employees are being pressured to participate in political activities such as donating their time or money to political campaigns and political parties. Those that are being pressured, it is claimed, are afraid to come forward to tell their stories out of fear of losing their jobs or being punished. Others claim that there is no evidence to support assertions that City employees are being politically coerced, and argue that statistics indicating a high frequency of political involvement among employees is because those who pursue careers in the government are more inclined to be politically active. Many governmental units have put policies employees from being subjected to unwanted Government's passing of the "Hatch Act." in place that are designed to protect their political pressure, most notably, the Federal City of Buffalo Common Council- Annual Action Plan, 2009 -2010 15 The Council maintains that the City should be proactive in ensuring that its employees are not subjected to unwanted political pressure, and intends to examine reform measures to achieve this goal. In doing so, the Council is cognizant of the need to be careful not to unreasonably impede the constitutional rights of those who desire to be politically active. Among the solutions that have been, and will continue to be, discussed are the passage of an ordinance to place limits on the political activity of non - appointed City employees, the adoption of a nonpartisan system of elections for all City -wide offices, and the adoption of a Council - manager form of City government. * ** The End * ** A copy of this Annual Action Plan can be found on the City of Buffalo Website: www.city-buffalo.com 16 City of Buffalo Common Council- Annual Action Plan, 2009 -2010 For more information on this Annual Action Plan, please contact any of the District Common Council Members listed below: David A. Franczyk Fillmore District President of the Common Council Room 1315 City Hall 851 -4138 Michael P. Kearns South District President Pro- Tempore of the Common Council Room 1401 City Hall 851 -5169 Richard A. Fontana Lovejoy District Majority Leader of the Common Council Room 1414 City Hall 851-5151 Brian C. Davis Ellicott District Room 1408 City Hall 851 -4980 Joseph Golombek, Jr. North District Room 1502 City Hall 851 -5116 Michael J. LoCurto Delaware District Room 1405 City Hall 851 -5155 David A. Rivera Niagara District Room 1504 City Hall 851 -5125 Bonnie E. Russell University District Room 1508 City Hall 851 -5165 Demone A. Smith Masten District _ i' Roam 14kk 7City Hall 851 - 5145` 17 City of Buffalo Common Council- Annual Action Plan, 2009 -2010 ®0029 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Common Council 65 Niagara Square Room 1308 City Hall Buffalo, New York 14202 As per the provisions of SEAR , the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Abandonment /Safe — Portion of South Pierce Location: Paper Street South of Seward — Portion of South Pierce 20'x 245' Type of Action: Type: Unlisted - Uncoordinated Description: Daniel & Michelle Derenda own two adjoining lots at the foot of South Pierce Street. Daniel & Michelle are requesting to purchase a 2 x 245' portion of South Pierce in conjunction with the construction of a two -story single family home. The City Planning Board had no objections to the abandonment and sale of a 20' x 245' portion of South Pierce to Daniel & Michelle Derenda. The official closing /abandonment of a 20'x 245' portion of South Pierce Street will not become effective until the deed conveying title of the property is filed in the Erie County Clerk's Office. As a result of this environmental review, the Common Council has determined that the undertaking of this action will not constitute an action significantly affecting the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. /1 .r Negative Declaration Easterly Portion of Carroll Street Page 2 Reasons.Supporting This Determination: The facts and reasons for this decision are as follows: The project is nominal in size and scope. The project will utilize vacant land to increase and enhance the area with new development therein, while aiding in the removal of slum and blight within the area. The few impacts identified are short -term and not significant in magnitude or effect. There are no actions, which will be undertaken in either implementing the project or in the long term, which will have a significant adverse impact on the environment. The project site is located between 41 South Pierce and 131 Seward, south of Seward with 20 feet of frontage on Seward and 245 feet on South Pierce. For further information relative to this Negative Declaration, Contact Mr. John Hannon, Director of Real Estate, Room 901 City Hall, Buffalo, New York 14202 — Telephone 851 -5275. Dated: April 1, 2009 A copy of this notice was sent to Common Council Buffalo Environmental Management Commission Buffalo Planning Board Buffalo Public Works Buffalo Sewer Authority Buffalo Water Authority New York State DEC — Albany Mayor Byron Brown Applicant N-It BUFFALO CITY CLERK 1308 CITY HALL 65 NIAGARA SQUARE .BUFFALO N.Y. 14202 BUFFALO CITY CLERK, YVONNE M. WHITE ADONIN S 20 ALLEN STREET BUFFALO,NX 14202 SERIAL # 3127168 MAY 1,2009 AM CURRENTLY IN PROCESS OF RENEWING MY LIQUOR LICENSE: GIRLS ON ALLEN D.B.A. ADONIAS 20 ALLEN STREET BUFFALO N.Y. 14202 I RESPECTFULLY REQUEST YOUR APPOVEL TO RENEW LIQUOR LICENSE EFFECTIVE JUNE 30 2009 FOR ADONIN S. 20 ALLEN STREET,BUFFALO N.Y 1 4202 SINCERELY, YVONNE M. WHITE OWNER. ADONIAS THANK YOU FOR YOU AffEN ION TO THIS MATTER. Honorable David Franczyk Common Council President 65 Niagara Square -- City Hall Buffalo, NY 14202 Dear Honorable David Franczyk: APR 2 0 2009 David D. Dankowski 17 Abbottsford Place Buffalo, NY 14213 April 16, 2009 Spring has sprung; but sadly in Buffalo that surely will mean more disturbing noise from car boom boxes. This nasty bass vibration is approximately six or seven years in the making. Because they are still so prevalent, this can only mean any attempts to dissuade the practice has been half - hearted! I certainly applaud the Police Officers and their higher -ups who have done what they could, but it seems only a " scratch on the surface ". Where is the thoughtful communication in the local media and newspapers explaining Buffalo is Serious, and emphasize what we mean ?_ If their vibrations can be deemed disturbing beyond 75 or 100 feet or can be heard through the closed windows and doors of one's residence, these individuals should be made aware they can and will be cited and perhaps even have their equipment confiscated. Nerves get worn extremely thin over the years. What happened to the "Quality of Life" plain clothes people? Now with the snow gone, let's get some Officers on bicycles and record these plates. Surely we know by now the worst offenders with the loudest most penetrating bass booms and drones are the druggies. They are buying and/or selling at residences on our side streets thinking if they only boom away for a minute or so, they've got nothing to worry about. A month or two ago, I heard the results of a national poll, listing Buffalo, NY as one of the eight "most miserable" cities in the nation. If the poll was legitimate, I don't think it was a result of our weather or our economy. Yes sadly, I would think it was the poor life quality in this area. Somehow to simply say we don't have the resources to abate this problem or have higher priorities, doesn't ring true after six or seven years. I still subscribe to " where there's a will there_'_s_a way "? But the will must originate with the right individuals. In this case, that would be two representatives: Mayor Brown or Commissioner Gipson. _2_ Respectfully struggling, still a Buffalo Resident, j - Olt-ee ' , - /(I - 0 .ill -o /.I Y i '�c 2 / � Cc: Mayor Byron Brown Commissioner M. Gipson J. Golombek, Council Member, North Dist. D. Rivera, Council Member, Niagara Dist. B. Meyer, Buffalo News Staff Writer REFFE-WREI Ty COMMITTEE I ;r >t N Environmental Management Commission April 21, 2009 I Steven J. Doleski Regional Permits Administrator Abby M, Snyder Regional Director New York State DEC, Region 9 Division of Environmental Remediation 2270 Michigan Avenue Buffalo, New York 14203-2999 Re: Response to February 19 letter to Mayor Byron Brown regarding proposed modification of permit for the expansion of the Battaglia Transfer Station Dear Mr. Doleski and Ms. Snyder: This letter will serve as the response to the requests for comments from the City of Buffalo to the proposed permit modification writing on behalf of file Buffalo Environmental Management Commission (BEMC). As you know, under the City Charter, the BEMC is responsible for review of SEQRA related environmental impacts for the City of Buffalo. As part of our due diligence, we wrote the Mayor's office, Common Council members and the Common Council President, the Planning Board and the Office of Strategic Planning and solicited their input for comments to provide to DEC. We received comments from all members of the BEMC and the community and have consulted with Common Council, Strategic Planning and the Mayor's office. We also understand that the Mayor has written you under separate cover, and we also understand that Common Council has contemplated further action on the proposed permit modification. We thank you for the extension to April 22"", as this allowed us to consult constituencies within and outside City government. Our comments are based on the present situation; a set of documents submitted to .DEC requesting consideration for a modification of an existing permit. We expect, under any circumstances, given the potential for numerous significant adverse environmental impacts, that a positive declaration would be issued by the lead agency, and expect that further input would be solicited through public meetings and hearings throughout the SEQR process. We request that you reject the current permit application as unresponsive, incomplete and insufficient. A summary of our concerns follows, with detailed questions and inadequacies noted on the attached pages. The EAF that is included is incomplete and open patently erroneous (e.g., failing to .identify the numerous local approvals that are needed -- site plan approval, local permit modifications, the inadequate traffic analysis, etc.). The claim that activities are "grandfathered" refers to a letter from the Planning Board. The only letter from the Planning Board included does not address any allowance of permit activity that would be prohibited under more recent standards (e.g. the Urban Renewal Plan, etc., see below), but only approves an extension of hours of operation. A r Room 920, Buffalo City Hall, 14202 Buffalo Environmental Management Commissi ®n - The scoping document is incomplete and insufficient -- it states only that noise and odor impacts may he studied. Given the more than 30 fold increase in the volume of waste handling operations, these studies should be mandatory. There is no plan to evaluate air pollution and air impacts from diesel trucks or other activities that would generate odor or chemicals that impact local health. The noise studies are five years out of date. - The DEC should require a greenhouse gas analysis pursuant to its new draft policy. The environmental justice plan is incomplete and unresponsive to basic aspects of environmental justice, and lacks any substantial research in environmental justice or the Seneca Babcock and nearby community. It is clear that the applicant does not understand that the community is designated already as an EJ community by DEC, and therefore requires plans for specific action. Further, the applicant does not understand what components of environmental justice must be addressed. This document is also flawed, with incomplete plans, sentences and information that is not completed (e.g. telephone numbers given as XXX -XXXX, etc.) and includes irrelevant letters and other information that does not address central environmental justice concerns. The BEMC has been concerned about operation of the present transfer station activities for ten years. Traffic problems on streets that are not designed for heavy trucks, activities on site that are accomplished without necessary city permits, previous plans submitted that lack an EAF or site plans, and a general lack of understanding of environmental issues that must be addressed in the community are just a few of the issues we have encountered over the last ten years. Further, it is the understanding; of the BEMC that the operation was supported with a tax abatement granted from the ECIDA through a PILOT agreement. There is no mention of whether the expansion would involve amendment of the PILOT agreement or a new PILOT agreement or other sources of public funding. Statements are made about the financial impact of the operation, without any data to support the claims. Finally, the operator is well aware that the present Urban Renewal Plan for Seneca Babcock was passed unanimously in 2005 by City Council, and that the planned activities are not allowed under that plan. By applying for a permit modification, evidently the applicant hopes to avoid dealing with the significant adverse impacts the project would generate if permitted to move forward. The technical and environmental issues . related to the proposed expansion that are not allowed by the URP must be dealt with directly in the proposed permit modification. DEC should hold the applicant responsible for collecting detailed information about the operation that would violate the URP, rather than relying; on an unsupported statement that the operation with a 30 fold increase in the volume of waste handling operations, is grandfathered. We appreciate your attention to our concerns. As the City's designated review board for SEQRA related actions, under the City Charter, we look forward to working with you on responses to our concerns. Once again, our request is that you reject the current document as an incomplete application, and ask the operator to begin again with substantial and complete application that can he evaluated Sincerely, Joseph A. Gardella Jr., Ph.D. Interim Chair, BEMC S W- '� Professor of Chemistry, University at Buffalo, SUNY R Er,,,E1 ' VFD AND F ILED Room 920, Buffalo City Hall, 14202 000 0 9 1 2 _C:r q C ":'y NY 1 1101 5' The honorable Sheldon Silver Speaker New York State Assembly Legislative Office Building, Room 932 Albany, New York 11248 Dear Speaker Silver: April 19` 2009 I am writing on behalf of the Metropolitan Taxicab Board of Trade in strong opposition to proposed taxi surcharges /taxes on taxi rides. The Metropolitan "Taxicab Board of Trade is a 57- year-old trade; association comprised of 28 yellow medallion taxi fleets in Queens, Brooklyn, the Bronx. and Manhattan. We represent over 3,300 yellow medallion taxis - approximately 25% of the taxi industry. Most of our taxis are double - shifted, and run 24 hours a day, 7 days a week, 365 days a year. We have more than 1.4,000 drivers. Our drivers depend on our .fleets' double -shift operations, which provide a driver an opportunity to earn income without worrying about the expenses associated with owning a medallion and/or a vehicle. Our drivers enjoy the convenience, security and support of a full service fleet operation. Fleets offer the cheapest point of entry into the taxi industry with no capital costs required of the driver. Moreover, fleets' daily shift operations are ideal for part - time drivers, including students, mows, summer -time drivers and "old- timers" who supplement their income by leasing a taxi for a few shifts. Fleets bear 100% of all operating costs. Taxes or surcharges on taxi rides will have a negative impact on taxi ridership while placing an undue financial burden on taxi passengers, taxi drivers and taxi owners. Just as importantly, levying taxes /surcharges on taxi rides is counter productive and conflicting. While the legislature is working hard to prevent increases in mass transportation costs, taxes on taxi rides will increase riders' costs in the very same transportation sector. The New York City yellow medallion taxi industry moves more than 240 million passengers a year and is a vital — and unsubsidized - part of New York City's mass transportation network, transporting 25% of all paying passengers that travel by taxi, bus, subway or for -hire- vehicle within Manhattan. (Source: 'Taxicab Fact Book) Yellow taxicabs are an excellent use of city streets and help make it possible for New York. City to have the lowest level of car ownership in the county, with Manhattan leading the charge with only 22% of households owning cars (Source: 2000 Census). Taxes on taxi rides will discourage taxi usage. Taxes on taxi rides will obviously increase the cost of taxi fares and thus reduce taxi ridership. Passengers will suffer by paying higher costs for transportation. Drivers will suffer not only from lower ridership but also from lower tips. (Higher passenger transportation costs translate into lower tips for drivers.) Taxi drivers and taxi owners will face unprecedented administrative burdens in trying to calculate, collect and remit the imposed taxes /surcharges. I . Imposing a tax on taxi rides will dampen ridership and have a negative impact on passengers, drivers and owners resulting in an increase in the number of empty cabs cruising Manhattan streets for fares and decrease the number of cabs that are efficiently moving passengers from Point A to Point B. 2. It is clear that the only reason for Levying a taxi tax/surcharge is to provide revenue to fund mass transit. It is less clear just how the State would ensure that this revenue would be dedicated to mass transit, or how such a tax /surcharge would be collected and remitted. 3. Why force taxi passengers, who take pressure off the crowded subways and buses AND don't use their own private cars in the city, pay a flee for public transit? It is bad policy. 4. According to a Design Trust survey, 25% of taxi passengers make less than $25,000 per year — these are the same people who use mass transit. They will be "taxed" twice and it will. hurt those passengers who take occasional taxi trips when it is necessary when traveling with luggage; and, late night /early morning commuters when train service: is infrequent and personal safety is a concern on a subway platform at 3AM. 5. The taxi industry already contributes tremendously, some would. say -- excessively - to the city and state tax rolls - in excess of $75 million per year. In addition, since 2004, the City has made more than $400 million by auctioning 1,050 new taxi medallions. 6. A taxi tax/surcharge will enable future administrations to increase this tax any time there are fiscal worries. This would be disastrous for the taxi industry and the City. 7. The current MTA gap proposal inexplicably excludes the 40,000 -plus livery and black car industry — triple the number of taxicabs. 8. It is most surprising that nowhere in any of these budget gap proposals is there any mention of the chronic and dangerous illegal livery street hail problem in the Central Business District, and the unlicensed taxi /for hire vehicle problem that can be wiped out with strict, tough enforcement and passage of several. pieces of proposed legislation that has stalled in the legislature. Left unchecked, this illegal /unlicensed activity will flourish and deprive the government from any proposed additional tax/surcharge revenue. I understand that Legislature must kind ways to mitigate MTA fare increases but it must realize that yellow rriedallion taxis are part of the public transportation network and enables people to get out of their private vehicles and efficiently throughout New York City. Discouraging taxi usage by imposing a tax on taxi riders is counter productive. The fact remains that taxis are a vital part of the SOLUTION, not the problem. We urge you to reject any taxi surcharges or any limitations to efficient taxi operations and instead, recommend crackdowns on illegal livery street bails and adopt other sensible revenue raising measures. Sincerely Director,, Business Development G 00Q'3a1 GREATER BUFFALO — NIAGARA l i City of I3raffalo City of Niagaru Fdk County of Erie Courify of Niogoro New York State Thruwoy AuihorHy Nia0afa 1=rarifier Transportation Auflaorify New Yorlt 3tol€; Depnrim(- ,f of lrasasponci ion TO: GBNRTCWPCC Members and Other Interested Parties SUBJEX Notice of GBNRTC -PCC Meeting The next GBNRTC -PCC meeting has been scheduled for Wednesday, May 6, 2009 9:30 a.m. at the Niagara Frontier Transportation Authority, 6"' Floor Boardroom 181 Ellicott St. Buffalo NY PROPOSED AGENDA I. PROCEEDINGS A) Pledge of Allegiance B) Roll Call C) Public Participation D) Approval of Meeting Agenda E) Approval of Meeting Minutes — April 1, 2009 II. ACTION ITEMS A) Resolution 2009 -6 TIP Amendments #8 and #9 B) Resolution 2009 -7 Amendment to Public Involvement Plan C) Resolution 2009 --8 MOU Amendment D) Resolution 2009 -9 ARRA Project selection process E) Approval — May 28 Policy Committee Agenda Ill. DISCUSSION ITEMS A) Subcommittee Report: Transportation Projects Subcommittee B) Stimulus Project monitoring and reporting C) TIP Amendment Procedures - potential revisions D) LRP and TIP Financial Plans E) Public Transit Strategic Study F) BiNational Transportation Planning Issues IV. STATUS REPORTS/INFORMATION A) Member Agency Reports B) Director's Report NEXT MEETING CONFIRMATION: June 3, 2009 - NYSTA RECEIVED AND MR-EV), r 438 Main Street, suite 5o3, Buffalo, New York 14202-3207 716- 856 -2026 Fax 716- 856- 3203 e nl ail: sf0ff(iDgbnrtc.org web site: www.gbnrtc.oig oo ^:i (II of 04,11HIII-Ott April 23, 2009 ° T ( A l ) :,� Z Andrew SanFillippo Comptroller 1225 City Hall Buffalo, NY 14202 Dear Mr. SanFillippo We hereby request that you add to the upcoming. bond sale, the amounts cited herein for previously approved capital projects currently classified as "Bon ds Authorized but Unissued" on "Attachment B" to your. communication to the Mayor and the Common Council dated August 12, 2008 (copy attached): Project ! Purpose Date Adopted Amount Rehabilitation of the Broadway Market 2/8/2000 $1 Signal Improvements - = Various 12128/1999 $3,465,000 This request is being made in conjunction with the actions taken by the Common Council and the Mayor. relating to' the adoption of the 2009 Capital lmprouement Program.(ClP) Budget. As you will recall, approximately $18,517,750 of bonds were authorized for sale during: December, 2008 which is ' apprpximately `$2,982,250 below the bond sale . cap of $2 500,000 that you established. Our request envisions the:sale of $963,000 and $2,019,250 of bonds respectively (amounts include the related seven percent (7 %) bond sales expense) w wo uld enable the city to stay within your "cap guidelines while moving forward quickly on two very `important projects. We draw to your attention that, together with the hiring of a new management teem at the Broadway. Market, the completion of long overdue capital improvements at. this: facility will immediately benefit the.. entire city -wide customer service area. Consumers, especially those in the disadvantaged neighborhoods immediately adjacent thereto, would hopefully see beneficial pricing competition as a result of on -going efforts to retain the current vendors and attract new merchants, This would very likely. enable the market to realize its true potential as a unique one -stop shopping attraction. Similarly, the completion of.work associated with the long overdue overhaul of the City's traffic control system would immediately benefit drivers by improving traffic flows and reducing traffic control device wait times. This would reduce fuel usage and the associated carbon footprint thereby making the environment healthier for Buffalo residents. Equally important, the reduction in fuel usage would also benefit drivers who are coping with monetary challenges brought on by the current economic recession and volatile petroleurn product pricing. ,) We respectfully request that you review this matter in greater detail and that you notify the Common Council if you will be unable to comply with this request, Sincerely, Michael P Kearns David A, Franczyk President Pro-Tempore President of the Common Council of the Common Council South Filtmore District David A. Rivera Niagara District Richard A Fontana Majority Leader of the Common Council Lovejoy District REFERREED TO THE COMMITTEE ON FINANCE. Attachment B City of Buffalo Authorized But Unissued As of June 30, 2008 Amount Authorized Purpose for which Authorized Date aassed CCP Year $ 3,465,000 Signal Improvements - Various 12/2811999 2000 1,000,000 Rehabilitation Broadway Market 02/08/2000 2000 107,460 Reconstruction -Main Street 06113/2000 2000 1,010,000 Construction Outer Harbor -Phase 11 02/07/2006 2006 1,800,000 Rehabilitation -Ch! Rail Bridge 0210712006 2006 1,940,000 Improvements- Ellicott Gateway 02/07/2006 2006 600,000 Reconstruction -Main Street Phase Ii 03/06/2007 2007 321,000 60 Hedley Place 03/06/2007 2007_ $90,243,460 Total Authorized but Unissued Resolutions Source: City of Buffalo, Division of Cash & Debt Management 00 65 NIAGARA SQUARE, 1405 LAITY 1 iAU. BUFFN 0, NY 14 202-H 1 8 PHONE. (7'6) 857 -515 8 Wl': (7 651 - 4553 i_ -mail: r�ic�cur�c3 !��c_ity- ��rritalc3.cc�rn LE GISLATI VE ASSISTANT' BRAI11 Fy k I IAMM CH - 0M,'vtU Pith' i3i_Vi.iC.)PM N3 S 't3r'e1 &A M3 F� f5 1_1 = GISi_A 110N 8N ANCE B u1)C; u 3URA April 27, 2009 Byron W. Brown Mayor, City of B u ffalo, NY 201 City flall Buffalo, NY 14202 ATIN: Brian Reilly Executive Director Office of Strategic Planning, City or Buffalo, NY 920 City Hall Buffalo, NY 14202 I 1. City of Buffalo Res0onse to HUD determinations and conclusions contained in the Community Development Block Grant ( "CDBG ") Program Monitoring Report for the City of Buffalo, NY (Monitoring Dates: Phase I _ June 16 - July 2, 200$; Phase 2 - August 25 -.. September 11, 2000. The Office of Community Planning; & Development in Buffalo, NY for the U.S. Dept. of Housing & Urban Development ( "IJUD "), in their Community Development .Block Grant ( "C'DBG ") Program Monitoring; Report for the City of Buffalo, NY (Monitoring; Dates: Phase I - June 16 - -- July 2, 2008; Phase 2 - August 25 - September 11, 2008) dated March 11, 2009, ide.rrtified nineteen findings and two concerns in regard to various aspects of the City's CDBG pro-Iran. The Summary of Resulls and Conclusions within the monitoring report states that, should the City of Buffalo "disagree with any of HUD's determinations or conclusion regarding;; this monitoring report, [the City should] address these issues in writing; to this Department within 45 days of this report. [The City's written communication should explain [its] reasons why [they] disaf;ree along with supporting; evidence: and documentation." This natter is currently before the Common Council's Community Development Committee and the 45 day period of time specified by HUD f6r replying to the monitoring report has clapscd- As Chairman of this committee, I respectf€rlly request that you file a copy of any and all correspondence between your administration and 1I111) regarding the issuance of I-IUIYs monitoring report, including the response that as of March 28, 2009 was being; prepared by the r Working f ®r Today - Planning for Tomorrow J i i i Office of Stratc gic Plannim" with the Common Council for review at its mecting scheduled 60.1 - Tue:sday, April 28, 2009. If you have any questions concerning this request, please contact nay office at 716- X351 -51 55. IVIWHAE LOCURTO Chairman, Community Development Committee Delaware District Council Member CC: Stephen 13anko Field . Office Director U.S. Dept. of Housing and Urban Development Buffalo Field Office Lafayette Court, 2nd Floor 465 Main Street Buffalo_ NY 14203 -1780 Nancy A. Peacock Field Director for Community Planning and DcvcIopment, U.S. Dept. of Housing and Urban Development Buffalo Field Office Lafayette Court, 21 Floor 465 Main Street Buflalo, NY 14203 -1780 REFERRED TO THE COMMITTEE ON OW NIT DEVELOPMENT. O9�`�� C[f.51_ STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION REGION FIVE 100 SENE CA STREET BUFFALO, NY 14203 www.nysdot.gov ALAN E. TAYLOR, P.E. ASTRID G. GLYNN REGIONAL DIRECTOR COMMISSIONER April 14, 2009 Mr, Gerald Chwalinski, City Clerk City of Buffalo Common Council 65 Niagara Square City Hall, Room 1308 Buffalo, NY 14202 -3318 �W: Outer Harbor Transportation Project is Shovel Ready and should be funded through the Federal Economic Stimulus Package Item #67 CCP 3117/09 Dear Mr. Chwalinski: I am writing in response to the above referenced City of Buffalo Common Council resolution requesting reconsideration of the original proposal for the Southtowns Connector /Buffalo Outer Harbor. The New York State Department of Transportation (NYSDOT) shares the Council's goal to create the access necessary to make the waterfront a destination connected to downtown, providing a welcoming environment for pedestrian and bicycle use. The current project, the Outer Harbor Parkway, is under construction to meet that goal. The Southtowns Connector/Buffalo Outer Harbor was developed with a comprehensive public outreach process. The consensus of the project stakeholders, advisory groups, public comments on the Draft EIS, and analysis of the environmental and traffic impacts of the project alternatives led the Department to recommend the Modified Improvement Alternative as the preferred alternative. As you are aware, the project has been under construction since early 2008. When completed, the Outer Harbor Parkway project, the first of four projects included in the Soutltowns Connector /Buffalo Outer Harbor will mark a major step in realizing; the community's vision of reclaiming our waterfront and transforming a long neglected space into a vibrant, exciting destination. The Common Council's request to reconsider, amend the current design, and file a Supplemental FEIS would significantly delay the construction of the Outer harbor Parkway and fail to meet the federal deadlines established for the use of Economic Stimulus funds. Mr. Gerald Chwalinski April 14, 2009 Page 2 If you have any questions or wish to discuss this further, please do not Hesitate to contact me at 716-847-3242. Sincerely, Gar y Gottlieb P. E. Regional Planning and Program Manager GVG /RH /lk cc: Honorable Byron W. Brown, Mayor, City of Buffalo Alan E. Taylor, Regional Director, NYS Dept, of Transportation James S. Pajak, Chief of Staff, City of Buffalo Common Council REFERRED ` O TIH SPECIAL COMMITTEE N WATERFRUNT DEVELOPMENT z� U'iV'0 NEW YORK STATE l)Jti' PAWFMENT OF TRANSPORTATION f j 3 DESIGNA`I "ION OF RESTRICTED ED IIIGIIWAY Pursuant to Section 104a of the Highway Law the following described highway: Beginning on Route 33 West approximately 2,000 feet northeast of the Pedestrian Bridge and continuing southerly along Route 33 West for approximately 3,000 feet to a point 1,000 feet south of the Pedestrian Bridf;e, Beginning on Route 33 East approximately 2,000 feet south of the Pedestrian Bridge and continuing northerly along Route 33 bast for approximately 3,000 feet to a point 1,000 feet northeast of the Pedestrian Bridge. Also, on Route 198 East approximately 2,000 feet northwest of the Pedestrian Bridge and continuing southeasterly to the terminus of Route 198 East with NY Route 33 West. Also, on Hnrnboldt Parkway North and South between the intersections of Humboldt Parkway with bast Ferry Street and East Delevan Avenue, All in the City of Buffalo, Erie County, which is being reconstructed under Contract No. D261009 is hereby designated as a Restricted highway. Designation of Restricted Ilighway shall expire on December 31, 2009. Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is hereby restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced by posted signs, signals or barriers placed along; said highway and/or by direction by an authorized representative of the Commissioner of Transportation. Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall supersede any other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted highway. Weights and dimensions of vehicles. Use of such restricted highway by pedestrians, equestrians, and animals. Parking, standing, stopping and backing; of vehicles. Control_ of persons and equipment engagedd in work on such highway. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in work on such restricted highways. When used on such restricted highways, all traffic control devices shall be considered as official traffic control devices and. shall conform to the manual and specification% for a uniform system of traffic control devices adopted by the Department of Transportation. Astrid C. Glynn Conn nissioner 'Transpo1 ation BY: - AN E. T LOR, P.I. W � Regional Director, Region New York State Department of Transportation 100 Seneca Street Buffalo, New York 14203 County Clerk: Erie, Kathy Hocbul City Clerk: Buffalo, Gerald Chwalinski Contractor: Nichols, Long & Moore Construction Corp. Engineer-I M. Kinbau Regional Constriction Engineer: JRK/CMG Regional Permit Engineer: 1.J. Mallow Regional Traffic Engineer: T. Messana NYS Department of State State Police, Troop A April 13, 2009 Date REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DEPARTMENT OF PUBLIC WORKS CONR 230 t �: RSE (iiur) Title 17 NYCRR Part 16 h t Traffic Regulations on Restricted Highways (Statutory Authority: Vehicle and Traffic Law, Section 1626.) Section 1 55.1 Def inition. The term restricted highway when used in this part shall mean any highway or portion thereof under construction or reconstruction under the supervision of the Commissioner of Transportation and which is designated by the Commissioner as a restricted highway pursuant to Section 104a of the Highway Law. 155.2 Traffic control devices. Unless otherwise posted, traffic control devices used can restricted highways shall conform to the requirements of the Vehicle and Traffic Law. 155.3 Flagmen. Operators of vehicles on restricted highways shall follow the directions of any flagman with respect to movement of such vehicles. 155.4 Control of persons and equipment. Construction personnel and equipment engaged in work on such restricted highway shall be afforded the widest latitude in operating within the restricted highway consistent with the safety of the traveling public. This shall include, 'but not be limited to, the crossing of the highway and the mall; the shutting -off of lanes of travel consistent with the contract and the orders of the Commissioner of Transportation or his duly authorized agent; the loading, unloading and manipulation of materials, the movement and direction of vehicles and equipment; and other similar operations necessary to the reasonable and practical performance of the contract. 155.5 Other requirements. The other provisions of the Vehicle and Traffic Law relating to motor vehicles shall not apply to special purpose construction equipment, such as described in section 401, subdivision 7, paragraph (f) of the Vehicle and Traffic Law, while engaged in work on a restricted highway, except that all such vehicles and equipment shall be kept in safe, mechanical operating condition at all times and reasonable caution shall be used to protect the traveling public. However, such ether provisions shall apply to those vehicles that normally operate on public highways to transport persons and/or material and are ordinarily considered commercial vehicles. 1 55.6 Emergency or unusual conditions. The Commissioner of Transportation may, by the erection of signs, signals or other traffic control devices, alter or modify the provisions of this Part to adequately protect the public at locations where emergency or unusual conditions occur or exist as a. result of the construction or reconstruction on a restricted highway. These alterations or modifications shall have the same force and effect as though they were specifically set forth in this Part and shall remain in force until the condition is considered by the Commissioner to be safe and the erected signs, signals or other traffic control devices have been officially removed. 155.7 Effective date. The provisions of this Part shall be effective with respect to a specific restricted highway from the date the highway is designated a restricted highway by an official designation of the Commissioner of Transportation. The previsions of this Part shall also be effective with respect to all restricted highways Which have theretofore been designated as restricted highways by the Commissioner of Transportation and i n Whibb the restriction has not been removed by a notice of cancellation issued by the Com, issior er of T ransportation. 155.8 Restricted highway designations. The following locations are hereby designated as restricted highways, as defined by Section 155.1 of this Part. 04/21/2009 12:07 OLMSTED CONY � � �^ i� S NO.999 POI sUP OLMSTED PARKS CONS ERVANCY , tirurraiuq parks jtr'i�� +lr FOY Immediate Relomo: April 2 20 For More Info; Joy Testa Cinquino, 716-838- ext 17, cell: 716 308 - 2361 SCAJAgUA.DA TEL GROUNDBREAKING OLMSTED PARKS CONSERVANCY RECEIVES $1.2 MILLION Buffalo, NY - Ground was brok t"i along the Scajaquada Trail in Delaware Park this mo rnhtg by th+� Buffalo Olmsted Parks Corisery ncy and partners. Construction will soon begin on this public Greenways project that will stren gthen an extend the Olmsted lark, System to the regional Niagara River Greenway Trail, Restora "on of the newly named Jesse Kregal Pathway will improve the connection between Uw Niagara Tiver Greenway Trial to the Olmsted Park and Parkway System.. Full restoration of the trail will add s me 80 miles to the 36 miles of the Greenway from lake to lake wit11 seamless connections. „ The Jesse Kxegal Pathway will be transformed from its current state of neglect with overgrown vegetation, eroding pathways and graffiti to a welcoming, safe, w e!Uit, trail with clear and stand-,iydized wayfinding signage and lighting i o benefit users year round, said Thomas I lerrera-- Mishler, president and CEO of the Buffalo Olmsted I arks Conservancy. "The grant for the pathway will be rased to pay for engineering, and design firms util ing local contractors, Volunteers and our project partners to complete the work, As the path becomes sz l e and secure, we see this attracting greater resident usage of the trail which in turn would create opporturiities for businesses to cater to the parkway users." A $1.2 million grant for the projec was provided through the New York Power Authority's (NYPA) 50- year license agreement for opera "on of its Niagara Power Pr oj ect. The Scajaquada Trail project was deemed consistent with the Green ays Master flan for public access, improving and sustaining existing resOurces and maximizing impact. The Conservancy received final approval for the project through the Buffalo & Erie County Greenway landing Curr>uittee. Work will begirt later this spring and is expected to be completed by next year. The trail improvements will g from Delaware Av enue to Elmw Av enue, adjacent to Delaware Park and all the way up to the Black Rock Canal/ Niagara Ri er. In this immediate area by the history Museum, overlooking the fabulous park vistas the pathway ' provernents will go from the Pedestrian bridge around Mirror Lake to Elmwood Avenue and along th pathways from Mirror Lake to Nottingham Terrace- The Buffalo Olmsted Parks Conservancy, stewards of the regions 1200 acres of historic and treasured parklands will be working with the following partners on the Scajaquada Trail projecr Plaffa)o Riverlceeper% Western New York AmeriCorps, Scajaquada Pathway Committee, the City of Buffalo and Erie County. Consulting services w ill be provided by Wendel Companies, Ecology and Environment and Synegraphics. An advisory co ttee will also be established with adjacent community groups and businesses. Rirktiidv l_txgQ 84 1',irks&lC AvOILI • 111if ila, J142H 1' {716 N,38-1240 j (7'16)X3} -13!01 ttZ�'tt'. ? 1:11 St71iiFtitr 11r,1i�s.�uf 04/21/2009 12:07 OLMSTED CONY NO.999 ©O2 "WNY AmeriCorps members dedicate themselves to service with the same passion the Buffalo Olmsted Darks Conservancy has for unpr f ving our parks and environment, The Scajacluada Trail project is a perfect marriage of these passion to fuel progress and development in WNY," said Mark 1'. L.azzaia, CEO of WNY ArneriCorps I The BuffWo Olmsted Parks Cori Y ervancy is a not- for - profit, independent, community organization that promotes, preserves, restores, e. - lances, and ensures maintenance Of 1 rederick Law Olmsted - designed parks and parkways in the Grea r Buffalo area now and for future generations, The Conservancy recently released its plan for 11w 2 1st Cen a blueprint for the management and restaraton of the entire park system, listed on the National egister of Historic Places, the Olmsted system in Buffalo is the first of its kind in the nation designed by America's greatest landscape architect. Upcoming events: Community Tree Plantings in the Ohnsted Parks on Saturdays, May 2 and 9, sponsored by M & T Bank Fan ily Day on the Fairway Delaware Park Meadows Golf Course, Sunday, May 9 Picnic in the Park and Duathlon on Friday, June 5 in Cazenovia Park• i i RECO D[ FELED i Jacqueline E. I LUAOII Senior Legislative Assistant Buffalo Common Council 65 Niagara Street Buffzalo, NY 14202 Re: Item. 8100 - CCP 3 /31109(West Valley Nucicar Waste Site Cleanup Dear Ms. Rushton.: Thank you forwarding Item ##100 to nay office. I ant - ),lati to sec the Common Council supports the fill cleanup of the West Valley site. On April 2, 2009, at the Department o Energy hearing at Erie Community College, I testified in favor of the site; -wide: removal ofwastes at West Valley. 1 have attached a copy ofthe Bufftflo Newts article; oil the hearing. Please thank the Council for weighing in with their progressive stance on this issue. Sincerely, Antoine M. Thompson d New York State Senate, 60` District 0 Hlti TlJIIV I:.', NI. I I1l1iVIF 7U €\ €tRfVKlIVG MiIVUttf I�Y MEfVF$EIE StNA OK601I1I)IS1RICI Y @ F. NV1k0N%II (ON SI,:RVA'110N` 213 XIiAlk)N 1 5]Pfff OF1 ICE BUILDING COMMITTEES 6�COURTSRE:ET EiLIHAL0, NI WYORK 14202 171OJ 85 8705 THE SF �Tf: S. %IA1_L MJSINF SS I AX.1716)85d -30)1 IhNANCE STATE OF NEW YORK ��'wt�rNVSSE:Nn'hG(LC:c���� I � ; URA\Cf I MAIL- TOUI:i`, >V, Rf'CIZIr: Cl'iON Al 'I ION! P SC M61 N CI I. SINTH_NY. IS F, SI'01,' "fS DFV£ -L01 LiFV I VP.'I�l:�3tAN S, i tCTN41= :1..AN I:1 ;il;('.. - l1lE IT Y t, MII_IfA16'Al TAl April 3, 2009 Jacqueline E. I LUAOII Senior Legislative Assistant Buffalo Common Council 65 Niagara Street Buffzalo, NY 14202 Re: Item. 8100 - CCP 3 /31109(West Valley Nucicar Waste Site Cleanup Dear Ms. Rushton.: Thank you forwarding Item ##100 to nay office. I ant - ),lati to sec the Common Council supports the fill cleanup of the West Valley site. On April 2, 2009, at the Department o Energy hearing at Erie Community College, I testified in favor of the site; -wide: removal ofwastes at West Valley. 1 have attached a copy ofthe Bufftflo Newts article; oil the hearing. Please thank the Council for weighing in with their progressive stance on this issue. Sincerely, Antoine M. Thompson d New York State Senate, 60` District 0 NUCLEAR WASTE Full West Valley excavation urged By Darold .McNeil NEWS STAFF REPORTER Several Western New York residents Wednesday called for a full excavation and cleanup at the West Valley nuelcar waste facility, which is not the preferred method of state and federal energy officials. Most speakers at a public hearing; in Erie Community College's City Campus opposed plans by the U. S. Department of Energy to contain most of the waste on - site, while removing a small amount and defer making a decision on removing the rest for 30 years. "We don't want a cosmetic effort that would take brown buildings and plant grass, hiding what lurks beneath the beautiful, rolling countryside. If you put lipstick on a pig, it's still a pig," said Lee Lambert of the Coalition on West Valley Nuclear Waste. Representatives from the Department of Energy and the State Energy Research and Development Authority presented highlights of a draft environmental irnpact statement aimed at showing why removing the waste in phases would be preferred. The preferred alternative would allow up to 30 years for collecting; and analyzing; technical data pertinent to sitewide removal. But Vincent Agnello of Youngstown, past president of Residents for Responsible Government, a community -based group fighting to clean the environment in Lewiston and Youngstown, insisted that would ignore the government's responsibility to West Valley. "Your plan of action and the environmental impact statement [are] faulty in that it falls to address honestly, accurately and fully the two major issues regarding West Valley. First, your plan must protect the residents of the area from actual and potential harm," said Agnello. "Secondly, and as important, your plan must remove any threat of contamination to the fresh drinking water of the Great Lakes. Complete removal is the only viable solution that addresses both issues," he added. State Sen. Antoine M. Thompson, D- Buffalo, through his deputy chief of staff, William Nowak, also advocated site -wide removal of waste from the facility. "As chair of the New York Senate Environmental Conservation Committee I would like to state in no uncertain terns that I support fhp=sft'O�vide removal option," Thompson said in a statement. ANTOINE. M Tf IOMPSOIy Sf NAI OR, 60111 DISTRICT 213 ��tAll(T�L1 "fAfl OI I ICF BUHDINIC, 6.i000RI AIZF.I1 BUT 171.0. NEW YORK I4202 {716) 8?4-8705 1 A 1716)85:1 :3071 VAV- V NY SSE:NAU,160 -CONI EMAPG ATf NY 11S April 8, 2009 .Jacqueline E. Ruston Senior Legislative Assistant Buffalo Common Council 65 Niagara Street Buffalo, NY 14202 Re; Item 11-77 -- CCP 3/17/09, `Oppose Sale of Wine in Supermarkets, grocery Stores, Department Stores and Delis Dear Ms. Rushton: Thank you forwarding Item 1/77 to my office. f am personally opposed to the sale of wine in supermarkets and am happy to report that this measure was not part of the recently passed state budget. ['lease thank the Council for reaching out to me on this issue. Sincerely, Antoine M. Thompson New York State Serrate, 60' District 0 ;1 I! i RANKINT, MINUM I Y MLMHER FNVIRO..',VIEN:TAL C0N51.1'ZVA'FJ0N COMMITTEES Fx t+;,x�a COA4N41,h( I:, !_CONONYII(: I.)E:VF.1.0P,LIF:N 'f t> SNL11_I, IMSINI_S`; I'I \ANC:1 S NFE 01' NLW YOR[C sulzANC_I_ I(AIRIS, AI ION VLT6RA?S5, I10iMf LANC75 ;Ct1121 fYF, 't411.iTWYAH AIRS Re; Item 11-77 -- CCP 3/17/09, `Oppose Sale of Wine in Supermarkets, grocery Stores, Department Stores and Delis Dear Ms. Rushton: Thank you forwarding Item 1/77 to my office. f am personally opposed to the sale of wine in supermarkets and am happy to report that this measure was not part of the recently passed state budget. ['lease thank the Council for reaching out to me on this issue. Sincerely, Antoine M. Thompson New York State Serrate, 60' District 0 ;1 00041 ATTORNEY AT LAW 227 NIAGARA STREFT (716) 842 Ilonorable David A. Franczyk President of the Common Council City of.Buffalo 1 315 City Hall 65 Niagara Square Buffalo, New York 14202 April 13, 2009 Dear Dave: On March 5, 2009, I wrote you requesting that you conduct an investigation into certain allegations regarding COLD cil member Brian Davis. During the intervening month, as you may be aware, information has surfaced in various news media outlets, including Art Voice as well as yesterday's front page Buffalo News that confirmed the salient aspects of my initial letter of March 6, 2009. The increasingly disturbing documented reports regarding Mr. Davis combined with the Council's lacy of action is unsettling. Amongst the items which have been documented are the following: The blatant, willful and repeated violation of Election Laws (over a seven year period) for which he has been cited by the State; 2. The intervention in the case of a convicted drug dealer; The intervention in the permit and approval process on behalf ol'a deli which intends to sell cigarettes and alcohol across the street from the Ilerman Badillo Elementary School in violation of Local laws; 4. A property tax free home built by a prominent developer with extensive contracts with the city, within the context of a deal shrouded in secrecy; 5. The intimidation of West Side deli owners who have now recanted their stories citing a lack of prosecution of Davis for the "One Sunset" situation; 6. Mr. Davis's attempt to intimidate a Buffalo civil service worker in an attempt to pull a duly filed public document; 7. Mr. Davis's approval of CBDG monies which were designated for the Ellicott District that were instead directed to the One Sunset business. In addition, apparently both BURR and BERG monies were also used to assist the One Sunset business, monies that were redirected from other projects. 8. Likewise according to the 28 page report by the U.S Department of Housing; & Urban Development Buffalo, New York. Office, a finding was issued which "Questioned Eligibility of Livable Community Initiatives carries out by the City in the amount of $2,609,939.69." More specifically this report in its issuance of "Finding Number Seventeen" cited the use of CBDG funds to support the commercial development at market rate of the Granite Works Project and the Ellicott Street Warehouse Lofts. These two projects lie exclusively within the Ellicott District and could not have been accomplished without the active and explicit approval of Mr. Davis. The use of any CBDG funds designated for the eradication of slum and blight areas for the purpose of underwriting private commercial development is a clear cut violation of Federal law. Given Mr. Davis's sorted financial Mast, his active involvement and approval of misuse of public funds for private commercial benefit demands a criminal investigation 2 9. Mr. Davis sits as the Chair of the Buffalo Police Oversight Committee;. As you are well aware, recently a number of items were returned to Mr. Ali. Items which were not covered by the initial search warrant issued by Judge Hannah. There remains and outstanding question retarding not only the propriety of the initial search warrant, but also its scope of execution as well as the subsequent activities of certain members of the Buffalo Police Department. These allegations remain uninvestigated, which appears to be a direct result of Mr. Davis's private activities. 'There is a growing; concern that Mr. Davis has cut a "quid pro quo" deal, in which he .refuses to investigate the activities of the Police Department, which is his responsibility, in exchange for their refusal to investigate any allegation of his personal, alleged criminal activity. As a result, none of these allegations have been investigated. 10. Mr. Davis's apparent continued use of a motor vehicle even though his license has been suspended for over two years, evidence of which includes his active use of a City of Buffalo parking space for an unknown vehicle, i.e. one not registered with the State. All of the above is patently unconscionable to the citizens of our City. This combined with the previous concerns I raised in any prior letter evince a systemic pattern. of behavior which indicates that his private behavior may amount to criminal activity, activity which serves as the ample basis for the Council to remove Mr. Davis from office. It is fundamentally clear that his public duties have been compromised by his private dealings, if for no other reason than the appearance of a conflict of interest. You have gone on record as saying that his actions may bring disrepute to the Common Council. I believe that ship has long since sailed. Now is the time for the Common Council to take action and remove Mr. Davis from. his position. The best interest of the City demands such an action lest the Common Council become a body perceived as merely a Student Council Should you have any questions or concerns, please feel free to contact me at your convenience. Very truly yours, Willi F. 'Frezeva , ,sq. Cc: City Clerk Common Council 11 j kJ: ( 1 Dear Council member, April 13, 2009 We own or represent businesses located in the immediate vicinity of the proposed slaughterhouse and market on William and Babcock Streets in Buffalo. We are concerned that the operations of a slaughterhouse in the area may have a substantial negative effect on our businesses, and that in at least one case may even lead to the failure of the business. Further, we feel that although at one time this area was known for livestock and slaughtering operations, in recent decades it has been promoted and "sold" as a developing industrial area as evidenced by industrial parks, empire zones etc. We would like to see this theme continued. Council President David Franezyk has said that the zoning currently allows for the keeping and slaughtering of poultry and rabbits. We feel this is simply a remnant of an earlier time that should be changed to reflect the city and area as it exists today. Our companies have contributed hundreds of jobs and many millions of dollars in taxes and commerce to Buffalo. Some of these businesses are the result of new investment in the area, such as the Subway restaurant on Babcock and William. {ethers such as R &R Salvage have been here for more than 50 years. Most of these companies did not receive notice of the council meeting at City 1-fall, and those that did found the meeting had ended even before the start time indicated in the mailing. This has given the impression to some that the process is being pushed or rushed through. We hope that is not the case. There are many questions that have not been sufficiently answered. For example, are there restrictions on the size of the operation? Mister Jaarah says he will grow it into a huge business. Is the "state of the art" ventilation system anything more than fans that will exhaust odor into the neighborhood?, and will they suffice if production were to increase ?, ixactly how will waste and feed if any, be stored and removed? Which companies specifically will accept this waste? It has been suggested that conditions be placed on the license to operate to ensure that problems of odor, rodents, etc. be handled properly. But are violations, if they were to occur, actionable by the removal of the right to conduct business or would there simply be fines imposed that would allow continuing operation? "These are just a few of the questions and concerns that we hope you take seriously, We wish to be actively involved in the process and would ask to have an opportunity to meet to gain better understanding and to voice our opinions. R &R Salvage Inc. DeCarolis "Truck Rental D &M Refrigeration 1329 William Street 1300 William Street 1340 William Street Buffalo, NY 14206 Buffalo, NY 14206 Buffalo, NY 14206 Rick Redino Paul DeCarolis Garry Mackiewicz Subway Restaurant Diamond Hurwitz Maple I,eaf Foods 1.285 William Street 41 fiannah Street 1400 William Street Buffalo, NY 14206 Buffalo, NY 14206 Buffalo, NY 14206 Robert Horton Michael Diamond Kevin Prise Valley `fire 500 New Babcock Street Buffalo, NY 14206 Jack Landgraf Will Poultry 1075 William Street Buffalo, NY 14206 Donald Will "fooling Enterprises 680 New Babcock Street Buffalo, NY 14206 Art Beyer Father Sam's Bakery 105 Monsignor Valente Drive Buffalo, NY 14206 William Sam REFERREO TO TIHE--, COMMITTEE ON LEGISLAT10K Trippi Foods 1427 William Street Buffalo, NY 14206 `red Cwudzinski t PETITIONS April 28, 2009 00043 S. Meli, Owner, Use 716 Elmwood Ave, to Extend Restaurant (Del)(hrg 515 ) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD Ij OFFICE OF THE CITY C LERIC GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX (716) 851 -4845 This is to acknowledge that I have been informed as to the tune and place for the public hearing regarding: to be held in the Council Chamber, 13th floor, City Hall On: aL 0 C __ A'1'2:00 PM I anrn also informed teat this is the only notice: that the petitioner and or owner will receive, and that if l am not the owner or petitioner, I will inliorm said owner, petitioner or his /her agent of the above. Signed `(Agent t Owner) L Print Name �, �& A-/ Phone # 1 . Dale ) 2 ( C-) 6;, c ATTENTION, PLEASE ALSO CONTACT BILL G_RILLO PRINCIPAL PLANNER, 851 -5086 FOR PLANNING BOARD MEETING. � Date / Time By Processed 04/15/2009 10:24 DIGEF Temp COO Issued COO Final Expires Type of Work # Plans 0 Dept of Commerce # Pages 0 Priority Auto Reviews Bill Group FLAT Square Footage 0.00 Name .- <' COMMON COUNCIL APPROVAL,PUBLIC HEARING AND FEE REQUIRED (511 55)° TO EXTEND THE RESTRICTED USE OF 1 STORY MASONRY RESTAURANT IN THE ELMWO AVE S PECIAL ZON DISTRICT (511 561)(1) TO INCLUDE A SEASONAL CLAM BAR ON AN EXISTIN PATIO. Parent /VP # Project # Project /Phase Name Size /Area Size Description Address 716 ELMWOOD BUFFALO NY 14222- Location Contact ID AC1249894 Name FULCINITI VITO & MARIA — Declared Valuation 0.00 Calculated Valuation 0.00 Aetual Valuation 0.00 Fax .- <' COMMON COUNCIL APPROVAL,PUBLIC HEARING AND FEE REQUIRED (511 55)° TO EXTEND THE RESTRICTED USE OF 1 STORY MASONRY RESTAURANT IN THE ELMWO AVE S PECIAL ZON DISTRICT (511 561)(1) TO INCLUDE A SEASONAL CLAM BAR ON AN EXISTIN PATIO. Parent /VP # Project # Project /Phase Name Size /Area Size Description Address 716 ELMWOOD BUFFALO NY 14222- Location Contact ID AC1249894 Name FULCINITI VITO & MARIA Mailing Address City 26 SPRUCELAND TERR ZIPIPC 14086 Day Phone Fax Occupant N From To Contact ID AC235180 Name FULCINITI VITO & MARIA Mailing Address 26 SPRUCELAND TERR City LANCASTER ZIP /PC 14086 Day Phone Fax Occupant N From To Contact ID AC52525 Name FULCINITI,VITO & MARIA Mailing Address City 26 SPRUCELAND TERR, ZIP /PC 14086 Day Phone Fax Occupant N From To Phase # Organization State /Province LANCASTER NY Country 0 1 Foreign Evening Phone Mobile # Owner Y From 02122/2005 To 0510612007 Organization State /Province NY Country USA Foreign Evening Phone Mobile # Owner Y From 07/1211983 To Organization StatelProvince LANCASTER, N.Y. Country [) Foreign Evening Phone Mobile # Owner Y From 0 512 812 0 0 0 To 05/06/2007 No Addresses are linked to this Application Date / Time By No Addresses are linked to this Application City of Buffalo 65 Niagara Square Buffalo, NY 14202 (7 18)051 -4945 Fax (/ 16)8J 1' Report Date 04/15/2009 10:26 AM Submitted By FI~D USE Building Application Page 2 31 � z z � Ur�. 1002900003010000 R"`� No Parcels are linked to this Application gm No Applicant Contacts Primary Y Capacity Type Effective t:xpire Contact lD OWNER Name OWNER Phone Fax Address (SEE UNDER APPLICANT) Comments OWNERfTENENT: STEVE MELI 316 -5303 S� a n� s y 000000 DM1 AC12792 OWNER OF PROPERTY 0000000 PLU AC122429 OWNER 111111 HCQ AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNER 000000 HIM AC12792 OWNER OF PROPERTY - � Check Fees Fees Failed APPLICATION FEE FLAT FEES ($25.00) Unpaid PERMIT FEE ($17.50) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Successful Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 2 Case # 83232 Case # 144569 ism -.�� _:� `f+""'-^" -��= "-a ����.��..- -. " -`.�. .- :�,�I"1.�' - - �- � � `�`° � ;b-�� - �: � u� � - s� ,.,,�', s .. _ ��� a -�_a � :'`. � -. ✓�,�.r -. y PERMIT FEE U 25.00 APPLICATION FEE FLAT FEES U 25.00 Total unpaid 50.00 Total Paid 0.00 There are no Inspections for this Report -,-'` fl There are no Review Activities for this Report f Y- a acv Lr = ? u 4 = x 5 s�� r5 �' as sart�5 IS Detail 1. PRIOR REQUIRED APPROVALS Modified By DIGEF Modified Datelr"ima 04!1512009 10:24 Comments No Comments ............... .... . USE Building Application Page 3 PRIOR APPROVALS Bffo Arts Commission ❑ Arts Comm. Approval (_] Special events City Engineering Curb Cuts (,] E=ncroachment U Oversize Trucking Plumbers' Cuts Street Cuts City Planning ( -) Citywide Site Plan [] Subdivisions U Urban Renewal City Survey [..] Address Permit �) Development Flood Plain No Conditions Cily Survey (can't) [] Subdivisions Common Council ❑ Admin OfficelApts R4 [.] Beauty Parlor R2 ❑ CanopylMarquee ROW U Freestanding Sign (.] Human Service Facility ❑ Portable Sign in ROW Restricted Use Permit [ ] Other Environmental Review [.] S.E.O.R.A. (] N.E.P.A. Law Office F] Insurances Check ❑ Title Held There is no planning condition for this project. No Records for This Search Criteria (_] Work done by owner Residential U Commercial ❑ Multiple Dwelling Permit Office L) Asbestos Survey U Asbestos Abatement ❑ Bond /Certified check U Assessment Combination ❑ First Insurances Check E] Public Works approval (] Notarized Permissionl forporfable sign one year Lease showing Use (J RodentlVermin Bait encroachment ( SewerfWater Cut U Sewer Retention ❑ Simple Demolition (.) Telecommunication (] Simple Plan Approval ❑ Tree over 4" at 4' ❑ Zoning/Use Check [) Thruway Sign approval Preservation Board ( ] Zoning Variance [_] Preservation District ❑ Contiguous Check Water Department (_ New Water Supply U Water Retention ❑ Zoning Board ❑ Work with out Permit (FINE.) FLAT FEES Existing Use New Use Dwelling Units Lost 4 [] E=lectrical Dwelling Units Added 0 U Plumbing ❑ Heating Debris City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851.1949 Fax (716)851 -5472 USE Building Application Report Date 04/15/2009 10:26 AM Submitted By FLD Page 4 There are no Items in this list No Employee Entries No Log Entries kJA '71 M 1 0 k�n" 4 LX� F onnP7 cnip� Ail A4 R V EY OF cam. I MILLARD & MOCKAY Lard Survoylou 07W7 MARIO *TmWpry NOW voprK jqwsNw EE= 97101-41131-01413 rl rr r. 1 0 k�n" 4 LX� F onnP7 cnip� Ail A4 R V EY OF cam. I MILLARD & MOCKAY Lard Survoylou 07W7 MARIO *TmWpry NOW voprK jqwsNw EE= 97101-41131-01413 rl 00044 i M. Romanowski, Agent, Rezoning 294 -336 Maple St from R -2 to C -1 (Ell)(hrg 5/5) REFERRED TO THE COMMITTEE ON &EGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD OF APPEALS Iry t...A �r �n� 4T� r 1 iF�P» I h u 1 1LLi L[..t ULLl A7YORNEYS AND COUNSELORS ....V. r[ ,Ei.A,.' COM April 23, 2009 HAND DELIVERY City of Buffalo Common Council 1315 City Hall 65 Niagara Square Buffalo, NY 14202 City of Buffalo Planning Board 901 City Hall 65 Niagara Square Buffalo, NY 14202 Re: Petition to Rezone 294 -336 Maple Street from It -2 to C -1 Dear Ladies and Gcrntlemen: I ana writing on behalf of Kaleida Health ( "Kal.eida ") and Bullalo Niagara Medical Camlit - ts, Inc. ( ".BNM( ") in support of their petition to rezone the parcels located at 294 -336 Maple Street ( "Parcels "), Buffalo, New York. Kaleida is seeking a rezoning of these parcels to facilitate the ultimate construction of its proposed Skilled Nursillg Facility (" Project") thereon. The Parecls are owned by several different entities. Buffalo Medical Group 131.111ding, Inc. ( "BMG- Building ") owns the parcels located at 294, 300, 302, 306, 312, 322 and 332 Maple St.a-eet. `This petitions is sul)ported by 13Mi- Building. See Exhibit "A. ". Kaleida or related entities own the parcels at 308 and 328 Maple Street. BNMC is under contract to purchase parcels at 308, 316 and 324 Maple Street. Scc: Exhibit "B ". These properties make up a portion of the total Project Site for the proposed Skilled Nursing Facility which will stretch from East North Street to the north to high Street on the south and Michigan Avenue on the west. The following exhibits are attached hereto and made part of this Letter of Intent and rezoning petition: Exhibit "A" - 13MG- 13aiilding Landowner Authorization Exhibit "B" -- Purchase Contracts for 308, 316 and 3 24 :Maple Street Exhibit "C" City of BulTalo Rezoning Application Form Exhibit "D" - C- I Zoning Metes and Bounds Description - I WELVF- EOUNTA €N PLAZA. Sulu. 1,100 BUF - PALO, NY 14?,PP -2293 PHONE. 710 853. 1616 r -Ax7 '16.853, 1617 f20C11 E•il [;R. NEW YORK • BUFFALO. NEW YORK • ALBANY, NEW YORK • NM`LLS, VLOHIOA I lamer Sec:rc'st & FAnery 1,1,1' ATl'ORNEY5 AND COUNSCLORS April 23, 2009 Page 2 Exhibit "E" Survey Exhibit 'W'- Affected Property Map Exhibit "G" Full 1 nvironmental Assessment Forni Also enclosed with the original copy of this letter, pursuant to Chapter 175 of the City of Bc,ffalo Chatter and Code ("Code "), are checks in the amount of $15.00 for the veriIicatimi of house number and address permit and $385.00 for the filing fee. REZONING PROCESS The rezoning process is governed by §511 -126 of the Zoning Ordinance of the City of' BLIffctlo. Section 511-126 sets firth the process by which the Common Council may change the existing zoning of property when it is supported by a petition of the property owners. Below we have set forth the relevant sections of 51 1. -126, in italics, followed by evidence of supporting information in this packet. §5.11 -126. Procedures, for charabes acrd anrendinews. A. The Connnon Council nwy ftonz time to time, on its own rnoti.on or on Petition, after I.mblic notice and hearing, amend, change or suppleinent the regulations and districts eslahlished under this char - ter. PHienever the owners q1'50% or inoi of the frontage in any district or parl thereof shall present a petition, duly signed and acknotivledged, to the Common Council requesting an aniendment, supplernent, change or r of the regulations prescribed fir° such district or part thereof, it shall be the duty cif the Council to vote upon said petition within 90 days gfter the filing of the sainc U }J petitioners. If however, a protest against a proposed mnendrrrent, supplernent or change he presented) dilly signed and acknowledged, by the owner's of 20YO or more of the area of the land included in such proposed change: or by the mvners of 20% or more of the area of land immediately adjacent extending 100 feet therefrorrz. or by the owners q1'20% or more of the area of land directly of ,)posite thereto extending 100 feet fi -oin the street ,fimitdzge of such opposite kind, such arnendment shall not be passed e, by athree- fourths vote of thc Council. Response: Attached hereto as Exhibit "C" is a copy of the City of Buffalo Rezoning Application Form. Also see Exhibit "A" which is an authorization from BMG- Building to Harter Sec rest: & finery I'Ll ATTONNEYS AND COUNSF_L4RS j{ 4� April 23, 2009 Page 3 rezone the parccls from R -2 to C' -l. Lastly, attached as Exhibit "B" are copies ol'pt rchase contracts For 308, 316 and 324 Maple Street. B. A petition to amend, change or supplement the text of this chapter or any zoning district as designated on the Zoning Map established by §511-6 of dais chapter shall be filed with the City Clerk on forms obtainable ftorn his office crud shall be transmillcd by thin to the Common Council. Such f n and petition shall include, among other things, a description by metes and bounds of the premises proposed to he rezoned, are curate reap or survey showing the location of all buildings and .struclures on such premises, the present and proposed use of such premises, the present and proposed zoning classification of such premises, a statement from the petitioner that the use under the proposed amendment is not contrary to or in violation. of an:v private agree'me'nt, building restrlcllons or other legal restrictions Of WC'ord, the name and address of the owner of such premises, a statement as to the petitioner's interest in the proposed rezoning if other than the oivner, a in ap and listing indicating all preinise>s on which notice is to he served in connection with the hearing on the proposed rezoning and such other information as may assist the Common Council in its consideration of the matter, sworn to by the petitioner. An SUCK petition, except btu the City Planning Board, shall be accompanied by a filing f e as provided in. Chapter 175, F'ees- IZest� oonse: Attached as Exhibit "C" is a copy of the City of Buffalo Rezoning Application Form; attached as Exhibit "I?" is the Metes and Bounds Description of the area to be .rezoned from R -2 to C -1; attached as Exhibit "E" is a survey showing the location of ale buildings and structures on the parcels to be rezoned; attached as Exhibit 'T" is a neap showing the potentially affected pi. Operty owners and their addresses. As set forth above, the purpose for the rezoning is to IMnzit the corIstrcaction of Kalcida's proposed Skilled Nursnig Facility on the Project Site. The Pro icet will not violate any private agreement, building restriction or other legal restrictions. Lastly, the required fees are included with the original copy of this application. C. The C'ornrriori Council shall refer any such petition to its Committee on Legislation and to the City Planning Board. In the case of a proposed amendment to the Zoning Map, the City Planning Board shall consider ivhether the area described in the original petition should be enlarged in order to rrf lest the interests Of the community and to correspond ivith the general plan for city development. The City Planning Board shall recommend to the C'ornrraon Council such enlargement as it deems Ilarter Sccrc.st & Flincry I.I,i' A770RNEY5 AND GUUNSF_1,_GRS .April 23, 2000 Page 4 desirable, and the: C'owicil may by a-esolution direct the C:o1rtaraittee on Legislation to issue the notice of1mblic hearing on the hasis ofsuch enlaagernent. Response: Acknowledged. STATE ENVIRONMENTAL QUAIJJ'Y REVIEW AC Pursuant to the State Environmental Quality Review Act, Article 8 of New York I.?tivironniental 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. Mere, the Project sponsors have prepared a Draft Generic Environmental Impact Statement ( "DGI3IS ") for the entire North End Development on the Buffalo Niagara Medical Campus. The potential rezoning of these parcels was specifically discussed in the Environmental Irripact Statement and reviewed as part of the SEQRA process for the North End Development. The City of Buffalo Planning Board, as Lead Agency, determined that the proposed Skilled Nursing facility was an appropriate use for these parcels and would act as a key transit.ion.al . clement between the institutional uses to the west and the residential uses to the east. Pursuant to the plans set forth in the DGEIS, Kaleida health has prepared and attached hereto as Exhibit "G" a Short Environmental Assessment form ( "SEAf ") for the proposed rezoning. Since the proposed rezoning has been evaluated by the Planning Board as part of the SI:?,QRA process, the environmental review for the requested rezoning is complete. GENERAL. MUNICIPAL LAW PLlrSUatlt to General Municipal Law §239- M.(3)(A)(ii), the Rezoning Application must be referred to the Eric Cour►ty Planning Department for comment thereon. CONCLUSION As the foregoing demonstrates, the Petition to rezone 294 -336 Maple Street is necessary and appropriate for the construction of the proposed Skilled Nursing facility. This Petition is supported by 8S% of the parcels to be rezoned (326 Maple is owned by the City of But�el and 334 and 336 Maple are owned Mr. Clarence E. Brown) and therefore the Petition incets the requirements off §51 1 -126. Kaleida therefore respectfLdly requests that the Common Council rezone the Parcels front R -2 to C -1. Harter S m« & EmsytEr ATTOPNF YS ANO COUNSELORS April 23, 2009 Page 5 mnk you for y>ureourte /CS and cooperation with this matter. Should you have any questions orconcerns about this Petition, please cotactmeUndersigned. S do ere y Harter S C(j- ^ y E i ry LIT ® . , ° - - Marc A, Romanowski mR . mama«# r >r,� MARQks Enclosures CC Brendan Mchaffy, Esq. (City of Buffalo, %at Corporation Coun sel) Timothy 8/\ £sq, (City o{BGf£gG Asst. Corporation Counsel) SAaH Reilly (Co.m mQ /on 7, Dept. of EeORom» Development, Perm it and Inspection Services) Andrew \ate \ (City of Burlalo, Principal r! nee Robert B LIAR (\3 ei da Health) Michael 8@l(31uf18o Niagara M eƒC/ Campus) LANDOWNER AUTHORIZATION Buffalo Medical Group Building, Inc. ( "BMG- Building is the owner of properties located at 294, 300, 302, 306, 312, 322, and 332 Maple Street in the City of Buffalo, County of Erie, State of New York bearing tax parcel ID Nos.: 100.72 -5 -18.1; 100.72 -5 -17; 100.72 -5 -16; 100.72 -5 -15; 100.72 -5 -12.1; 100.72 -5 -9; and 100.72 -5 -6 (collectively "Parcels "). As owner of the Parcels, BMG - Building hereby consents to Buffalo Niagara Medical Campus, Inc ( "BNMC ") and /or Kaleida Health submitting; an application to rezone the Parcels from R -2 (dwelling;) to C -I (neighborhood business) pursuant to Section 511-126 of the Code of the City of Buffalo. BMG - Building along; with BNMC and /or Kaleida Health hereby requests and supports the rezoning of the Parcels frorn R -2 to C -1. Sworn to before me this ,474- day of Ihwrc h 2009. Notary Public lkic N 1) I - 22h2496_ i NNt0INETFE UTZ NOkXY AAAC - Slate of New York NiO. 01 U6122764 ilUOW W In EM Cotxtty C*= bWkes -d q a 1) i no. 1.1 - €1E51D[ CONTnACT (1999} tsJOs9 by Giiwer B,rffalu fycnr:�appn u! Rexkors, 1rc. (`011W) ;+31 COD €)y Rar kmiciaGon ni F=u s Guuuly (•BAEGI �r ONIiiIX1Y WARNING: Subject to the terms of paragraph 26 to avoid claims of fraudulent concealnioni, modlflcatlons to this 9tandnrd form must he clearly differentlated from the approved form. Thr's Cofrbtacf is (acammandad !or flra sore o.' imprai— d or enimprovod rc`srdsrrfiel rrtrf cclRle [tul isnol rCcomrneadw l*r oe iv can silurprit) yvt nssa ;n no; r cr l�`t' tint G�7vHly nr:n3 CONTRAC Date: Sv'PmllUer 23, 2 008 1. PARTIES. (A) "Seller : Phyllis Wiggins Addwa s: 108 Nlnplu Succf, PUMA% Nvw Yurit 1121.17 (B) "Purchacer ": fi1d7aln Nia{uw Madfcal Carmnts, Inc. or assigns Address: 701 lillicoa Strcd, Suile 401, Uun'alo, NvFy York 1420) 2. ACSiEEMENT. Seller shalf sell and Purchaser shall buy on 1h© terms slated In thls o0nlract ( 'Conlracl "). 3. Pl1OPGRTY, llie property ('Prol)ody') is descrlbud as foilo'.vs: (A) ,treat Address, No. & $Iwel LifyrVillape of 13n1lnir. , To�v of County of ice {'County'), NY. Tax Map Identifier (Section - flock - Lol Number) (0) Properly Descrlptlon. C# Per allaohed survey. ❑ Per altached Ierdaf dossf ;pllon. Q Approximate Lot . 15 x 100 it'll _ FJ Includes inle(esl In a homeewnew' aasoeintion, See Ridor LJ Condominium UnW Sea Condomrnivrr2 %iomea {vners'Assacrafion Hider (C) Usesiimprovemonts: (c? Famflydwolling ❑wllh _car Q attached I] detachodgwagra F-1 1laea€)1Land: See 143conTLBndRlder, ❑ Additionaf uses)Improvements (specify): W _ 4. PRICE. In dollars P ice') is... , .... , ... payable o follows: (A) Deposits, The following deposits shall be payuWo to nrid held in escrow by [ t��uctlr�Prr�W n_1 r•4, ______ ('EsorowAgenl ") at ( "Elank') (1) Initial Deposit. When Purchaser signs this Cuntrart ("Initial Deposit ") ............. � _ ffin 00 ( ?.) Additional Deposit. ( "Additional Deposil`) S 3,niul u1! Within two t)uslnoss stays following: [ ] (a) Full execution of Ilais Contract by all purtie9. [1 (b) Salisfaclion or waiver of aft aPorney approval contingencies. (] lo) Salis far, Gon or waiver of the home inspaCtiorl conlinrgency. CYl (d) The later of (b) and (c). (3) Deposits. The Initial Deposit and Addlllonsl Deposit (collectively "Depusl&') shall bo daposited by the third business day following the receipt of the Additional Deposit. Esctow Agent will promptly notify $ellm or iellc is rltofney when iho Depasils are fecoivcd w if they are not received on time. (B) Adjusted Balnnoe. Upon cfalivery of the dead # °Cinslnct "), Purchase Price less the Deposits aro subject to closing adjustments and credits ('Adjusted 13alance'), 5, FIXTURES AND PROPERTY RIGHTS, (A) Included In Mo. The following. whioh reface to the Property, are Included (unk —,s excluded below): (1) All buildings and i3nprovemants (2) All lixlureu and propuriy ullsohud or appurtenant to the Properly iracluding, bul not timilad to: rill haallnq, air condillnning (excepI veindow ur,ils }, piuinbitrq (including septic syslmn , ~•roil pumps, water purTaps, aural) pwnpy and water filtration syslerris), cleoldcal and mechanlcat systerr€s: plurnbirg iWules; lighting fixtures (including bulbs), and landscaping (except fiGe standing planters); stood windows, storm doors, screens tnd avininQs; extaslor T.V, linlennas, statoflita dishoti. and gafayu door openers (including mofofs, f:ontrols and romoto unit.-); woathor vanae; window hoxes; fancos; undarground electronic pet fencing and equipment, flacd poles; inrffound OF «arn(Je rTanunted bnsl(Mbali backboards and pates; wood- hurning stoves, oli and gas fired spaco heaters, fifoplacea, liteplaca lmort9, sciccns, grates and glass enclosures; wall to wall carpeting and runner*; Iinoleuan; gad)age disposals; coiling inns, exhaust fans and hoods; 5ocurfty systems; intercom systems; smoke detoclors; carbon monoxide deloctors; water softeners; mirrors; vrindow shades, curtain rods ;and Iraverse rods; all styles of windovi and door bfinds; and cabinsl anti wall•mounlad ap(sliitnoea, (3) It presently on the Property, all tnailhoxes, utility sheds, gas operalod post -iyptt auldoor gfiffs, swimming poofs1hot tubslspas and related equlpmanl, outdoor play sels, And matohinct kilctaen islands. (4) It presently on the Properly and unless free - standing, n1I cabinets, shelving, dishwashers, rohigeralors, ovens, largos, nilcrowave ovens, trash compactors, hvmldlfters and dehumlc €leer*, and also n;ny o klizr (5) All of Seller's rights to and In st(eets highwoy9, alleys, driveways, easements and rights -ot -way; ' (6) All of Seller's rights to receive all fenis and toyal(ias due under any lease or tenancy. fB) Condition of Properly, S01er shalt maintain the buildings and improvements until Closing In substantially Vie same condition as of the dale of IMs Contract, subject to the following: � scr 110l Oln 1 1 of r IN;rrgNr 15M is Pumh4 !65', 0oo ME r ' t Rov rl200� (1) Seller represents (hat all of the items set forth In Paragraphs 5(A)(1) through (A) of Ihis Contract, shall be In working order at Clestng, except cis othorwi,e provided In Paragraph 6(6)(2) of lhls Contract. (2) Howuver, Saller rttakos no repre"nlations or warranQes as to file condition of fireplaces, fireplace inserts, woodburn4ng stoves, and _ Tsn4 ethos n i�r rv ss�f Ilvre which ace sold in "as V condition is of the date of this Contract. (3) Until Closing, Seller shell laerfonn ordinary town and landscape rnninte«ance and snow removal. Thu Properly shali Ue to "txoon) clean" condition -and free of debris on the dale of Closino. (C) items Not Included in Sale. 'the fol €owing items aro excluded from this sale: Turn!twe and household furnishings; and also sllo iin includav 6. SELLER'S DISC1ASUPES..5cllcr makes the tollowlnq disclmures to the best of Seller's knowledge (Not&: complete each rremf. (A) Title, (1) Seiler has line to Inc Properly and all buildings and I€np )ts subject to the provfsioris of Paragraph 12 of this Conifacl ............. M Yes f"1 No (2) 9011or owns aTI other Included Items iisted in Paragraph 5 of this Contract Yes C) No (D) Agrlculttlral District. The Property Is located parllatly or wholly within an argrirultural district ..... .... ......... .............................. . . . . .... ❑ Yps ( No 'It is the polfoy of this stale and Ills communl(y to preserve, protect and encourage the development ar)d improvement of agricultural land for the production of food, and other products, and alsn for its natural and ecological value, Thfs notice is to inform prospective residents that the property they are about to acquire Ifes parGnily OF wholly within an agricullural disfrtcl and thell farming aelivilios occur within the district. Such farming activities may Include, but not be 11mited to, activities that cause noi, =e, du3t and odors. Pfospeotive residents are also Informed that Iha location of property within an a9ficu1lural district may impact too ability to access water and /or sewer services for such property finder cnrialn oirrurnslarnres. (C) Utility Surcharge. Tho Properly is tiub)ocl to a gas or elecldoity utility surcharge _ ...... Ye=s I� No If a surchnroo is appticnhfo, inrlicalo: Type: Amount: Payable (i,e. monthly, yearly): (D) Well. The Property hat a privnie wall, . .... ............................... . Cl YO-9 Eli' No (E) Public Water, The Properly is connected to public walor . ................ . ........... ❑ Yes 0 No (F) Septic System, The Properly has a private septio system for - bedrooms... , . ..... © Yos ❑ No (G) Public Sewers, The Properly is cornewod to public sanitary sewers. . . . ... . ...... . .... © Yes Q No (H) Flood Zone. The Properly is cui really Iocaled In a opectal flood hazard zone............ ❑ Yes II@ No Note: It the Pruperty is located [rr a special ilvud hazard zone. flood insurtar>ce is recommended and will likely be required by an inslituuonat lendor, (1) Radon. The Property has been teslad for radon .. _ . _ . ❑ Yas 9 No (J) Special Tax District. The Property is located in n special lax district having a seporate sax bill (for oxarnpla: Buffalo Place, BailoylKensingtnn fTur iness Dlslrirt, err, ) . . . ..... © Yes Q No (K) heal Property Tax Exemption. (f ) The Property has a teat properly lax uxemplion.... .. (] Yas C) No 12) If yes. Seller is enlltled to the exomplion on the curront lax rolls. .............. .... ( Yes © No (L) OIL The Property is Aetvlced by heating oil. r ........ ..... ... . ..... . . ..... . .. C Yas [ No (M) Propane, 'file Propoily is serviced by propane ..... ............................... ❑ Yes Q Na (N) Access. Tho Proposly is contictuous to a publio rrruniclpal road right of way which In used to sccessthe Property ................... ............................... ON Yes D No (0) Shared Driveway. The Propafly is serviced by a aharod driveway . .... .............. 0 Yes W Na (P) Dankruptey. The Seller Is currently in bankruptcy ....... 1 ............ .. 0 Yes N No (Q) Sulflcient Fuhda, Seller has sutflcleat funds (Including the proceeds from the sale of the Property) to close this transaction and pay Saifer's closing axpensa5 . . . . . . . .......... n Yes ❑ No 7. CLOSINO FUNDS. (A) Purchaser's Reprasontatioris. Purchaser represents [hot except for the proceeds at any financing selected In Paragraph 10 of this Canlrarl' (1) Purchaser is In aaval possesslun of suff olunl money in U.S. dollars on deposit with u financial instllulion to clone li)fs transaction ....... ............... Q Yes ❑ No (2) Purchaser does, or Purchaser's loodcr may, requiro the closing of the sale of any other real estate or tho discharge of any modgacgs for which Purchaser is Iitsbly In order to close this transnrlion .................... ........ ... . ...... . © Yes [D No (B) Salsa Contingency, This Conlra(%t is conir`ngent upon II)a satu o1 olhar real oslala ac providuof in the S. ?!r CorttingcnCyflr'ryvi ("Salo Contingency ") ............ . .... . .. . [] Yes Q No (G) Closing Contingency, This Contract Is conlingent upon the closing of the sale of Purchasers real estate localod at ('Purchasers Property) ❑ Yes Lx] No Either party may cancel this Contmet upon fecelpt of wfittlon proof of rolmof of the contract for Purchasor'a Property or upon proof that the closing of the solo of Purchaser's Property has not occurred by Ilia sevonth buslneue day alter the date seal forth ire Paragraph t e(A) of Ihts Conlras;t. 0. LEAD -BASED PAINT AND HIGHT TO FARM DISCLOSURE. (A) Lead-Bused Paint, CJraosa vither (/)of (2) below. {1) Pre•1970 Gonsiructlon. Tho dwelling on the I ?foperty was or may have been built prior to 1970. The 1.crrd-Ba5ed Paint Hitler must lie attached to this Contract, ( (2) 1976 or Later Cormtructfan. Sutter mprosarm lhnl the ciw6ing on lho Properly visa conslrucied in 1970 or later (8) Right 1e, Farm Disclosure. it ti6 life policy of Elio County to conserve, prolect and encourage the davelopment and Improvement of agricutlural lard for ihs production of food and otter products, and also for 116 natural and ocoluglcal value. This discimoro notice Is to Inform prospective ro;idents that farming activllloe SvliorinAlais Fag0 2017 lv;r4NrB "R#Jr Purcease;mirlars orrrur within F-dr; Courtly. Such farnl'rlg aclivilles may inclvde, but not be 1lmiled to, activilies that cause noise, dust, fumes, odors, smoke, Insects, operation of machinery during any hour of the day or evening, sloracde and disposal of plant and animal waste producls, and the applicalion of frlrhUors, sell arnetidmem. and peslWdes b gfound or aoriof spraying or other method. Property owners and rertidems of Erie County ^,hooId be awafe that farrrims; have the right to undertake generally accepted practices and one should expect suefi condil €Oils as a normal and necessary aspacl of livilig In an agricultural area. IfOME INSPECTION. ChooLw e/tlier (A) or (R) below. F] (A) No Home Inspection. l reepl as any ba provided in Paragraph 15 of this Contract. Purchaser elects not to have the Proporty inspectad and /or tested. This elarlion shall not be dmminod to waive any rights Purchaser may have under IhIs Contract or at law, ❑` (5) Purchaser's Nome Inspection. Purchaser elects to hav4 the Property fnspeoled and/or tested. (1) The Inspection. Within 11ll _ rlay8 fullowin (Cironseerflrcr ( aJor(bJ, UelowJ: ❑ (a) €ufl execution of this Contracl by all parllas, or L) (b) unconditional approval of lhls Contract by the attorneys for Both parties, or the expiration 01 the allornoys App7ova$ Period (as defined Irt Paragraph 26 of this Contract), (" inspeotion Period'), Purclia8ur 5hail have the option to have the Pmperty inspecled and /or tesled by an Inspector or Inspectors of Purchanera choke at Purcha5erO cost arid expense. W11110ul the uxprasa corzsoril of Setfur, no inspeclion or teal shall ba conducted which would WWI In physical damage In the Properly. The Inspection Period will not commence to rim chill all applicable tfliA are In service Seller will coopurote Nvilh Purchaser's Inspection hi such Cashion as may be reasonably requested by Purchaser. (2) Radon NOtloe. Radon is a colorless, adndoss, taslmlose gam that can seep into hommes through grackr; and oponfngs in a home's foundation. Inhalation of radon gas Is associated with Incroasod risk of tong cancer. Tesling fur the presenco of radon in residerntfat real O$talo prior to purchase Is adviauhle. (3) Hadon Inspection, in cortneelion with 111a Purchaser's home Inspection to be pulumiud In acoordanca with Paragraph 0(8)(1) of Ihls Contracl, a radon toot wifl be performed. ❑ Yps CR) No (4) Bight to Cancel Contract, If the results of any inspection ors unacceptable to Purchnser for any reason whaisoovar, Purchaser shall notily Seller or Seilef's attorney in writing (the results need not be disclosed). in such ease, either party may cancel this Contract. Purchasrr`s nnllrn of rrnaecep0ble rosulfs must bo recelved by 5o1 /or or Seller's affornay before the exprra+lpn of the Inspecllon POHOCJ If Purchaser's notice of uoucceptablo rosulls Is not roeeivod by Seller or Sol #ar's attorney before the end of the Inspeclinn Period, this inspection contingency Is deeimed waived by Purchaser. 10, FINANCING ( (A) No Mortgage Plnoncing. Purchaser will close without mortgego flnanoing. ❑ (6) New Moilgrige Loan. (1) Applicatian. Pkircfiaser shall promptly and In good faith but In no case Toter than days after (f) exeeutlon of this Cnntract by alt parties, (fl) satisfaction or waiver of the attorney approval, home Inspection and /or lead- based paint inspeclion gontingenclos. If applicable, and (iii) soUr;14elion of the Sale Contingency, it �tpplfoahfe, rnalce applieatlost far and diligently pure uc one or more of the following mmigage loans which shall have conantlmont arid Interest rato axpiralion dates after the date sat forth in Paragraph 18(A) of this Contract tAlOTE rabic than one loan may W selecicrl, bur purchssor o0od not apply for all! loons s010017d): (a) Conventional. Conventional year ❑FlradRate ❑ Adjustable Rato loan lit an smouni not to exceed $ , plus Private Mortgage Insurance (PMI), if required. (b) FHA, federal Housing Adntinisiralinn (Frill) year (D F400`Rnfe F-) ArljuslablaR,ate loan in on amount not to exceed 5 plus Mortgage Insuranca Pramlurn (hhlp). (o) VA. Vateran3' Administralion (VA) _____ _.year F_1 FixodRote (Vl AidjoslableRate loan in en amount not to exceed plus VA Funding Fee, If required. (tt) Other._ year (]Fixed Ante 0 AdjustableRete Loan in all amount not to ox"ed 5 _ pArs P10IIMIP/VA Funding Fee, it squired. (2) Interest Rate. (Reference to `pravalling" rata I5 not parrnisslbfa.) Provided Purchaser compiles with the provWons of this Paragraph 10, Purchaser may cancel IhIS Contract, it, at the time of application. Purchaser is not aCifo to lock In at: (a) a fixed inletest aisle not is exceed % per year for a fixed ride lama, of (h) no Initial Interest r <atu riot to exceelt % per year for an adju5lal)le late loan. If Purchaser elects not to luck tit an Intorost rate at 1he lima of application (I.), to "float "). Purchaser shall be obligated to accept a commitment for a loan at any available Interest Cate, r iuchnser must IoO an Interest rate no Wei than fail (10) (lays before the dale ael forth in Paragraph 16(A) of this Contract. (3) FHA and VA Mortgage loans, In the event I urr.haser applies for either on Fl 1A or a VA morlg8ge loan, the padiae acknowledge that under applicable regulations, Purchaser shall not be obl €rdstod to complete the purchase of the Properly o1' to Incur any penally H the Purchase Price exceeds the appraised valuo or reasonable value of rho Property as c7elermined by the f HA or VA. Selfer arid Purchaset acknowledge that Purchariur's lender will fequlre all pm1fss to this Contracl to sign disciosuro tOrmn, which more fully explain the applicable regulations and Sailor and Purchaser agree to crxocute Ih dlSCiOSUre (cans, (4) Mortgage Loan Fec(s), Complete ns applicabloT (a) ScHer. Seller shuil pay a loan fee of not more than _ o0 of the murigaile amount set forth in Paragraph IO(B)(1) of Buis Cuntfaci. (b) Purchnser, If Purchaser looks In m application, Purchnscr ehali not be obllgatod to pay a loan teoofrnorethan_______,% of file modgago amouint set forth in Paragraph 10(f3)fi) off Ihis Ssllar rrl li,115 Pafgo 3 or 7 INSr77Nr F.! %1rh) PVTO143Br irrIW3 5 l� Contract. If Purchaser does not loots in at application, Purchaser stroll pay whatever loan tees 1 are required to secure an interest fato for whicli Purchaser Is qualified. (5) Seller's Contribution. At Closing, as n credit toward prepaids, closing rosls or both, Seller shall credit Io Purchaser U S or 0 __% of the n Purchase PTI00 ar n rnortgaige amount. (G) Commitment. if a written mortgage corttrntlment, which has commitment and Interest rate expiration rlatas after thu date set forth In Paragraph W(A) of this Contract, Is not Issued to Purchaser by 0 or ❑ days after r,061acliorr of Ilse Safe Continguncy, it applicable, either urc aser or Seller may c-4AC0 this Contract prior io receipt and acrsptarrca of Ilia manpago commitment by Purchaser. The seine shall apply it a mortgage commitment is granlad but laler cancelled without fault on the part of Purchaser. Purchosm shall promptly provklo Solloes attorney with a complete copy of the accepted rnorigacge cornmllment. ❑ (C) Mortgage Aseurnptiaii and /or Sulfur Financing. A morlgatle is being assumed or Seller is holding a purchase money mortgage. Sea Altaum(o F1n,vnclnrj Hider. 11. SEARCH AND SURVEY. (A) Search. Seller shall provide a tax and title search %vhloh covers the Properly only, fully guaranteed by a title insuranco corporation licensed under Article 64 of the Insurance Law. The first set-out of the search shatl be the Best recorded source of title in tiro County Clerk's 9ffice. Tho last continuation of the search shall be dated alter Shia Contract. Seller shall also provide focal lax certificates wlleru not covered by the coarch. (t3) Survey, Seller shall piovido n survey of the Property prepared by a professional who is licensed or olherwise authorized under ilia Now York Education Law to praclico lofrd surveying ('Surveyor). The survey shall be doled afinr this Contract, be prepared according to Bar Association o€ Cris County standards and show the Property rand location of all buildings, other structures and irnprovertren[s affecting it. (C) Order and Delivery. Seller shall order She search and survey wllhln five (5) business days after (t) execution of [his Contract by alf partie3, (ii) the satislactton or waiver of the attorney approval, home inspection and /of lead - teased point contingencies, if applicable, and (fit) sztlislaclipn of the Stile Contingency, it applloable. SeUer shall deliver the search and survey to Furchasur's attornay not less than fifteen (15) business (lays before the elate set forth in Paragraph 16(A) of this Contract. (D) Return on Cancollatfon. In the event this Contract is cancelled pursuant to any provision of this Contract, the search and survey shall be promptly returned to Snlleea allorony or Seiler by Purchaser or Purchaser's attorney. This provision shall soivive the cancellation of tills Contract. 12, STATUS OF TITLE, (A) Quality of Title. At Closing, Seller shall convey to Purchaser good and marketable title to the Properly In fee simple, lme and clear of alf lions and encumbrances, except as Stated in this Contract. Purchaser v4I accept the Properly subject to (I) restrictions of record, provided they do not conflict with the present Improvements or uses, or In €ended Uses or Intended improvements (as delined in Paragraph 13 at this Contract) and have not been violated, unless their enforcement is bnrred by law; (II) easernants and fighls- of-way of record for water !Ines, sanitary sewer linos, drainage, gas plpsllne, elcclricat Imes and toluphone Ilnus, provided they are or may be used to service tho Property and provided the present improvements, or Intended Uses or Intended Improvements (AS defined In Paragraph 13 of thin Contract) are or will not bo on the easements or rlghls•of -way; aml (iii) also _ _ }nos other (B) Title Objeclions, Purchaser's attorney shalt notify Seller's atlornay of all dufeols, liens and uncumbrances to Seller's tillo to the Property to which Purchaser abjec[s and which Purchaser is not required to accept under this Contract (''Title Defects'). Seller shall In good faith attempt to curet Iho Title Oulacis. Seller shall have the later of (I) len (10) business; days alien Sullof's alimney mcoives writ ;en nolice of the Title Detects, or (4) the dale sot forth in Paragraph iG(A) of this Contract, In which to cure the Tit €o Defects. Purchaser shall accept Iho tille to the Property once the Title Defects are cured (C) Tllfe Insuranee. )f Sallor cannot cuw the Ttic Defects but oilhur Sulfur or Purchaser can obtain an owner's idle insurance policy covering Iho uncured Title Dofecis in the amount at the Porchasa Price noming Purchaser as lnaured ( "Owners Policy") at standard rates, at no additlonal rest or obligation to Purchaser, Men Purchaser shall accept Iho Owner's Policy. Seller shall in good faith comply with all reasonablo roquosta of the title Insurer to insure over lfto Title Defects, including, but not limited la, all requirements refaling to Title Defects occurring or arising during Sellars ownership of the Property. If no naorlgngn Iftle insumnco policy (10orlclage Policy') is required, tho Owner's Policy may be issued by @ a company of the Sulter'o nhoico, or (ii) a company of Pnrchasor'e choios if Seller does riot obtain fire Ownur's Policy. If a Mortgage Policy is required, the Owner's Policy may be Issued by a company of tho Seller's choice, provided the premium for ilia Owner's Polfry is not greaiw than that Inr vrlioli Senor is responsible under Pnragraph I P(D) of this Contract, otherwise the Owner's f oftcy shell be issued by Ihrt company issuing the Mortgage PolTCy, if available Ircni that company. (D) Tltfe Insurance Premiums. If Seller Is rerfolied to provide an Owner's Policy under the provisions of Ihis Contract, Sellor shall pay the premium for the Ownor's Policy At the full slandard Tale if no Mortgage Policy is required. If a Mortgage Policy is required, Purchaser shall pay fire full premium for the ivlorlguge Policy and ail endorsements, and Seller shall pay on amount V.quat to Ilia combined premitrrn for the Owners Policy and simultaneous Mortgage Policy (oxoludirre3 all endorsements required by Purchaser's lender and any market value rider) less the premium for the Mortgage Policy at the startawd role. (E) Contract Torm €nation, if Seller cannot cure all Tills Defeols within the lifnu period provided in Paragraph 12(B) of this Contract and if an Owner's Polley insuring over Iho Title Defcaots cannot be obtained in accordance vil €h Paragraph 12(0) of this Contract, then Purchaser may cartel (his Contract or elect to accept title as Stiffer can convey. 11 Purchaser fails to efecl to accept such title within three (3) business days alter Purchaser receives a written demand made by Seiler, Seller may cancel this Contract. (F) Ailternato Doe1J Form. Seller cony elect to deliver to Purchaser a bargain end bale deed with lien Covenant and covenant against grantor's acts In I €ell of A warranty deed lot so rnUoh of the Property as may be affected by the Title Deleets if (1) an Owner's Policy will Inswo over the Title Detect or (II) an Owner's f - W SOlfar Inilla.) r'aye 4 of 7 15vSrAvrFataer5 r'urchacer rnVa:s Policy insuring over Iho title Ckafecis cannot be obtalned irl i.ccordano with Paragraph 12(C) oI this CuntraCl and Purchaser elecls to m=pt We as Seller (31 convoy. 13- IMPROVEMENTS. (A) Into"ded Uses and Improvements. Caution: Thiv Property may have easenionts, rights of way and restrlctona which may affect Intended uses of or improvements to lira Properly. Purchaser may be acquiring file Property subjeul to fltese onounabronees unless Inlandad uses or Improvernen dliferent from present uses and Improvernonts, are IlOvd. bulrJw• (1) purchaser Intends to use the Proporty for a(:) one Iwo ❑ loa €r • family d or nlhar w_ ('lnten(Inr; Uses'). (2) Pufchwyef intends to rialto the following spocilie lmpt }venlenls on or mo(lifiontlon3 to the Pfopurty or make the IollowOg specific use of the Properly (for example, ewoliun of fence, swimming pool nr Uarnge, franking of recrenlional vehiuhds): (°Intended In)provemonts "). (3) ff any Intendsd tisos or Intended Impsovoinenls, diiforonl from present useshinprovernonts Set forth in Paragraph 3 (0) of this Contract, ore listed In subparagraphs (1) and (2) above, Seller vril3 pfovid° PUfetiar%f wilt) a copy of al) restrictions, easements and rights of way rAlocling the Propedy (not ulciuding any zoning ordinances or Iocal Taws) wiNlln ten (f U) business stays slier execution of Ihts Contract by all panlBS. If Purchaser finds that any reslrfclion, apse "moil or rlphl of way is inconsistent will the above - staled intended Uses w intended Improvements, Than Purchaser nlay Cancel this Contraot vaithllt five (5) business days alter receipt of all fogidcllons, easements and rights of way. (8) Cerlifigafes. Seller shall obtain certihcatoa( approvals valid through the cute of Closing Issued by opproprlalo govefnmentnl aulhorRiea evidnncing compliance wllh all nppticable laws, ordinances, regulations and code.^, relating lo lire present u:,e of the Properly and /or required for the transfer of lire Properly (for oxamplo: certificate of occupancy, sump pump cerllflcalo and approvals of non publkt sewage disposal and wolor supply) ( "GerilticaleslApproval5 CeriilicateslApprovnls not alrccsdy in 501er'3 po65c -aWon shall bo ordered by Seller no Inter than seven (7) walness days after (!) full nxouutinn of this Car }tract, (ii) the sutislavtfon or waiver of pie attorney approval, homy Inspection and/or lead -bawd #Mini Inspection and pltorney approval contingoncies, if applival)Ie, and (iii) saiisfaclion of the $alo ContingenGy, if applicable. Fiowuver, Seller shill have no obligation to supply a Cartifienla of occupancy Or oomplianoc If the Properly has boon accvpiod sotely as a one or two tamfty dwelling, (C) Delivery, A copy of all Cartlficates(Approvals required andW this Paragraph is shell be dellvewd to Pur0osues attorney at lead live (5) b(0ness days prior to the dale set forth In I'mograph 1$(A) of this Contract, the originals of which shell be delivered of Closing. (D) Objectlon to frnprovernenls, If Purchaser (I) Snakes a valid objection, that (ho Property sloes not comply will all applicable iaws, ordinances, Iegulallons and codes relating to the present ose of tits Properly Five" it CertiticateGfApprovals are not required in accordance with Paragraph 13(8) of Ills Conlfaci; or (1!) if Sollrrr is unable to obtain the Corli(IcalhWAppwvals required by Paragraph 13(B) or IN CwWrier wilholll Gust, other than appkallon and Inmectloo Ives, fuller may cancel this Contiacl. If Seller does not elect IO cancol thin Conlrcal, seller tlhall correol (he problow {s) and obtain the appropriate CortillCataslApprovals. (E) Costs, Seller shall pay ali application rind ll)spection Ines rcqulred for €ho issuanro 01 iho Cwlirr;ales/Appiovais. It Seller efecls to make the repairs and improvements required Ior the Issuance of any Coilifioale/Approwd, the repairs and Improverneols shnll be made at Soiicr'c cxpene. 1A. DPED, Except as provided in Pasrngropll 1'�(P) of flits Contrncl, at Closing, Seller shall deliver to Purchmor a warranty deed wish lien covenant, together with such oll)er documunlalion roasonibfy nacessary for ;Pller to comply with Ilia 13ontracl, fiowcver, if Salley is a fiduclary, Seller shall dollver a liduclary deed wild lien covenant, or It Seller Ia n corporation, Seller may deliver a bargain and Salo decd with Ilen covenant and covenant against grantor's acts. 16. UTILITY SERVICE AND INSPECTION. Seller shall mainlain all utilities in service that we required for Ilia Operation of the healing, sit conditioning, plumbing, security and electric systems at Seller's P,xpnn;u al all times prior to Closing. Before dosing (but after written mortgage cornm1fil)OM line been oblalnod) and upun rvasonabin notice Ie Seller, Purchaser shell have Itoo right to a sintjln linty Inspection of the Property. SEll1w shall arrange for final utility readings and Purchaser chat arrange for the lra"sfur of uliiity surviCOB to Purchaser Ulfeolive as Of the data of Closing. 16. CLOSING, (A) Closing Dale, Tills Contract shill be closed sit the Counly Clerk's 0VICe on or © this dale which Is _ - days offer Ilia unfi3fection of the Sula Conlfa)punoy, if applicable, or at such ulher time and place As Seller and Purchaser mutually ogroo. little is not of the essence. (13) Time of Essence DeclUTOV011. Either party may, )her Iho abOVO data, declare lime to be of the essence and set n speclho Brno for Dosing on a business clay at least seven (7) buslnoss days tiller rereipl of virillon native that lithe of the essence has bean declared. ' ='30 days followzlllr Cho cxpirrltion of Lhe 7nnpoe tinn Porlod in parnpralt 9(H). 17. POSSESSIONIKEYS. 3WItcl only to the tenancies listed un the flerrlerf Prcperiy linter, if applioable, al CIocing, Purchaser shalt have possesslon of all Of the Property and Seller !;hail ho out of the Properly. At Clwdng, Seller shall dellver to Purchnser all keys for Iho Ptaperly and provide sFiCUrily redos for any security systwfl3 urdom both Seller and Purchaser have InW3 other sallsiaclory auringurnowls prior to Closing. 111. PAYMENT OF ADJUS'I ED BALANCE. (A) Accepinblo Funds, The Adjusted Balance shalf ()a paid by: (1) Cash, but not in excess of $50U.00; (2) Cedlfimi chouk(s) dravrn on, or bonit drafl(s) or 91fiCi0rl checic(s) isnuorl by. Any he.nt(, trust urompt Savings and lonn asvornAon or credit us)inn {provicicrl sut:h is /ale dra•rrn on a Now York Stela F a .) ... I r jJ SApor InlllaEs 01 7 INBrQNr ft7RdtS' Pv +chn:ry IEI`alk branch), pay Wu to or endwsrtl by an original payee to the order of Seller, of as Seller's aliorrioy ntay ollterwisn direct upon not less Ihsn three (3) business days notice fo RnChaso(s attorney; (3) As ollasrwl'se agreed to in writing by Seller or Seller's attorney. (D) Chooks Acoepled Subject to Collection. Any payment made by check is accepled by Seller subject to collection, This provision shall survive the Closir!g acid shall not murc }e ,vilh the deed. 19 ADJUSTMENTS AND CREDITS AT CL051HO. (A) limits To Be Adjusted, There shall be proraled and {td)ustCd, as of 12.00 midnight prior to the crate of Closing, rents, propane, fuel nil, mortgage interest for assumild mo!lgages, non-de €inquont U'ixes and nsseastnenls oppunring ara current t;uc kilts cnotpoled on a fiscal year basis, water and sower charges, user fees and the following horns (list other items to bo adjusted)! tlyr t,'c µ For adjt0 rnonl purprvses, all rents will tau considered paid to Seller, it duo at the date of rtdjuslrnanl. (B) Rome To Be Credited. There shill be assigned and /or credited to the appfoprialo party at Closing: security deposits and any accrued Inforost, assumed morigago escrows, the principal balance of and any accrued iniorost on any assumed mortgage, the prinotpal balance of any frtortgatye held by Seller and any other credits provided for in Ihts Contract (C) Assessments. Purchaser will accept titio to Ilia Property sub)eM to, and wifl pay, all assessnranis and installments of assessmcnls for special or local improvements not yet due and payable as of the dale of Cfasing, provided Choy appear pn the currorrt tax rolls, 20. COSTS. Seller Shall pay for tax and title search io dale of Closing and for Ilia survey, traosicr W. filing Ice for transfer tax forms, reoor<iing fees for any documentation required to clear fille, Rho special additional rriongogv fax, it "Appllcal)1% rand premium for the Owner's Palioy In accordancu with Paragraph 12.(0) of this Contracl, it applicable, Purchaser shall pay mortgage tax, fee for recording deed and rnortgaye, filing foil for Anal Properly Trandw flopod, fee for survey certification charge as required by Purchaser's Iandor (even if mortcgagP not approved), mortgage holder's assunaptlon and release of li ability leer;, and, uxcapf as olhofwi,e provided in this Contraol, alf fees, costs and other charges unposed or required by Purchaser's lender. 21, BROKER'S COMMISSION, Seller and Purchaser agree that brought about this s tt4 and Seller agrees to pay Ilia ent }re real eslale broker's commission Seller authoirms Seller's alton cy to pay any balance of saie commission owed from ter; sale proceeds. 22, CANCELLATION. Any canCeliallon made pufWant to any provi510n of this Contract shall he made by wr €tten notice by the cancelling piny to the other fnirly. A eupy of the cancellation nohGe $hQaIU be delivered to the real rtsiatu lifolfurs. to the event of a valid Cann?A illion of Ibis Contract, Seller, Pofe uuw and FsCfaw Agent each shall execute and deliver to the others mUlaaf releasos of this Contracl and of 0 cfalms lot commissions by the real estate broker& veltich arise out of the 0XI,"ance of this Contract. 23. ESCROW. (A) Trust funds. Escrow Atgenl's sole duties and responsibilities shall be W hold the Doposlts In trust for the benefit of Seller and Aurohaser and disbufce the Deposits In accordance with this Contract noWbstanding that E Ayunt may act as attorney or rani estate agent for Sellet or Purchaser in this transat:lion. At no dine shall hsu Dopos•,ils be the properly of rho Escrow Agent. (13) Closing Disbursements. At t lnslnq, the IJepnstls sbell be gold by Escrow Agent to sailer, or to any other payee identified by 5ellar. (C) Return of oeposils. If this Con(racl is vilfir fled pursuant to any provision of this Contract, the Ueposits shall ba relurnad to Purmhaser within three f3) business clays after the earliest of (t} lull exectilion and delvery of rafeases of this Conlracl by Seller and Purchaser and of atl Clafms tot commissions by the real eshte brokers which er €se out of tire. CxiSIenCe of Ibis Contract, or (ii) a final nonnapped AUO court Ord or, (D) Escrow Agent. By accepting the beposlls. E- crow Acgont warrens Ihol lho individual signing on behalf of Escrow Agent is aulhorimd to bind Escrow AtgoM and ncgreas to act in accordance with the terms of Paragraphs 4, 22, 23, and 24 of this Contracl. Escrow Agent Is not a party to this Contract for any oihar purpose, 24. NOTICES, (A) Addresses. All m)ltces under this Conlmct sliatl be in wrilbrg Lind delivered in accoWnncn with Paragfeph 25 of this Conlracl, Any noliro to be delivered to Seller or Purchaser or Escrow Agent, olher Iban iho!.;e paraum ly delivered, shall be delivered lu Seller's. Purchaser's or Uscrow Agent's address listed In Ibis Contract, unless such party has given written entice to tIV other panics of a dilforeni address. (0) Nollcoby Any notice to tin given or demand wh[cfl may be maclo by Purchaser under rPiis Contract inny be given or !node. on hehaif of Purchasrar by Purchaser's attornay In Seller's akornrey with a Copy to :letter of any nolica of cancellation, police declaring We of the essence or nuliv.0 of salislacllon of any Safe Conlingency. Any notion to be given or demand which may bo made: fay Seller under this Conlraol. may be f)iven or made oa behalf of Seller by Sellers attorney to Purchaser's attorney with s copy to Purehasvi' of arty notice of cancellation, notice declaring lime of the fi"aoce car notice of acoeptanee of a Subsequent Ayreemenl as defined in Puragrriph 802 of this Contracl, if applicable. 25. ADDt'rIDNAL REFERENCES/DEFINITIONS. The foltovting terms shall have the following meanings vdlren used In this Contract: (A) Delivery, Delivery of this Contracl and of notices to be given In accordance with this Contract shall be made by fax, personal delivery, f itA rla5tr !nail or ovemlUtal teller iiullvery service, tl delivery is made tsy fax, the docurnunt(s) with original signatuie(s) shalt be rnatled by first class prepnld mail no later than the first businoss day following rho date of tho confirmed foot Iransmie &ion. ,v Sel!cr rnif191S P� ge 6 0l 7 /NgT�rNT fiRA15 Purchaser inir,rlc (f3) Receipt. ( €} if des €very is made by lax, the docurnent(a) Nanslilkled shall l:a deemed rerelved oil the dale the wndcf re'wiyes conlirmalion from the rec #pienl's equipment Itrat the onliro Transmission hag been received, provided the fequired [nailing is cnmplotcd. (ii) II dellvery is mode by polsonal delivery, hie d=jrnent(s) deWored shall be dcarncd received on 111C cf,Ao dnilverod, (ili) if doliv3ry is made by first cla,s mast of overnight letter delivery service, the docurnanl(s) delivered shalt be deemod received on the first business day lolluwirg the dray upon wi }:ch The doculnents are deposite0 wish the postal service with required postage affixed or with the delivery sery €ce wilh delivery rtinrgos prepaid or charged 10 the senders account. (C) Buslneso Day, As used in this Contract, 'business day" Shaft exclude Saturdays, Sundays and iecdal hofidays and shall end as 5:60 p.m. 26. ATTORNEY APPROVAL CONTINGENCY. CAUTION: THE DELETION OR MODIFICATION OF THIS PARAGRAPH SHALT. RESULT IN TH AUTOMATIC WITHDRAWAL OF THE APPROVAL OF THIS FORM BY THE BAR ASSOCIATION OF ERIE COUNTY UNLCSS ANY MODIFICATION EXTENDS THE APPROVAL PERIOD. This Confract is ocilliogent upon approval by attorneys for Seller and Purchaser by O%o third business day following reoeipt by each party% awmay of a complete copy 01 fhc fusty axacuted Conlracl ('Approval Period "). If either party does not Idonti(y an attorney and deliver a complete copy of the fully executed Contract to an attorney by the sewnd business day following execullon of the Conlracl by all parties, this attorney approval contingency is dsurned waived by that party. If either party's altorney disapproves thfs Contract before thu end of the Approval Period, this Contract is dserned cancolfed. If ellhar party's attorney conditionally approves Ihis Contract before the end of the Approval Period, either party may cancel this Confract at any time prior to unconditional approval of a Contract by atlornoys for both pariRts. If a party's attonroy noithur approves nor dtsupprovas Ihis Contract by the aftd of the Approval Period, this attorney approval conlim 3uncy is doemcd waiver) by that party. Approval or disapproval muet be in writing and rnuRt he recetvad by the attorney ropto,goolinfi tiro other party, if known, or tho other early before the axpiratlon of the Approval Pailod. A Copy of the approval or disapproval should be mailed to the real astalo brokers. 27. MISCELLANEOUS. (A) Entlre Ayreemeni. This Conlracl includos (i) the ©AECIGOAR approved hiders and (ii) any olhor rider marked below and contains the sntirt a0marnent between Seller and Purchaser, and for purposes of Paiographs 4, 22, 23 and 24 of this Contract, Escrow Agent. Nothing is binding on eilhar Seller or Purchaser which is root contained in Ihis Contracl. El Ardor (j} Lead -Based Pabit Rlder D Roared Property Ride! UJ Saie Contingency f7rder [� ARrarnets F7rrrrrrcing Ardor U Vgcanf LHtrff ftirfer M __._ �. Acidc;ttfuw (B) Parties Bound, This Contract is intended 10 bind Seller, Purchnsw s,nd Escrow Agent and those who succeed to their Inleresls. (C) Captions, The captions contained fit this Contract are for convenience only and aro not intended to 11110 or amplify the terms of this Confract. (D) Attorneys fees. In cormuctiun vim, ally litigation corrc9 ;nine this Contract, fhu pravallinq party shall be omilfed to recover reasonable atterneyc fees and costs. "the provtslons of thls Paragraph 27(D) shall survive the Closing or cancellation of this Contract. Whether any other provlslon of Ih15 Contract survives the Closing, shall ba determined by applicable law or as specifically set forth in this Contract. 26. SIGNATURES. This Contract shall nol beCOrnO binding unless all parlles nom as Sef#ar. Purchaser and Escrow Agent in this Confract sign It, initial it (where appropriate.) and deliver II ao Ihot it i8 received by both Seller and Purchaser or their respeclivo Attorneys before 5:Oq P.M. on or before NOTE: IT IS RECOMMENDED THAT FIVE (5) DUPLICATE ORIGINALS OF' THIS CONTRACT BE SIGNED BY ALL PARTIES THREE (3) FOR PURCHASER AND TWO (2) FOR SELLFR. ocher Pl +1•!!ia 11 ri'6 rnnq�- ... _...._.__ aAln i'�[eli , rlp,r nr [III ,u�I,�l,r Ja[o Seller ssA- Da[o r'wchaecr oe:r k Q, om ssu (�.1'ilt`.I I�_l ryir li15111,_ I�,G� F�C'a.� At�anl tloms S_F. LLEks, i�„TTnRNEY PURCI R Tra" Fl k1101ney A,3(I TI3 T C'ry,swd lip 1vr rr V. Flfm �r11i1C 1� �II L ] ji�,�.__ Awfray IOU 1. �4rt� • 1 34ri 1 .tlilih__._...._._. AIl�F +ass j ;nflidu. NY i4?U3 Ci[y, Sl�le, TIP Tol Nu[r.acrr ey' va:e c =gnr,uw or a�lno:�:eu ogum o' fcrra� ngenl I i5SJAr0 F;eh4 ¢STATC paerlT Sl;ti.ENG, jfCA�, yYn1L AGxrlf 6roRCr ARR[�I V AU, }relr �^ Gfy_ !:1n.e. ?]P C•17. Stine. L ; .-- .�.M.._,...._._._..._.__ r -,I nn Pigo 7 rri i INS!ANT R/f15' elOkgl A(p ,,t �^ C•17. Stine. L ; .-- .�.M.._,...._._._..._.__ ADNNOUM (IM) :;19`.16 Isy Cicnlar Bullnlo A5wO Tabun W Re;Jlars, hie. WHO Uy Oar Association of Ve Coun(y non r.�. nc�nr�ux rIr U£ 6nuwrf ADDENDUM ADDENDUM No. I TO CONTRACT elated; tir + turrvlr �?] ?11114 (Contras/ "j Utwecn I't>a i �YJS T - {'S eller °) aW Bli it l.; Ninynrn medirot ( ... p - . nrr_ nr nyri; m ( "PVrChLt59r "} regarding: ;r33 1v1p p1LSUu�t1u41a1u l4 Seller and Purchaser agree that the following additions and/or modillCations ire hereby made to the Conlracl: AI, ATTORNEY APPROVAL CONTINGENCY. This Addendum is cvnlingenl upon approval by uttoencys for Seller and Purchaser by Ihtr flilyd business day following receipt by each party's attorney's of a complete copy of the fusty executed Addendum ( °Addandarrs Approval Period") If either party sloes not deliver a complele copy of the fully executed Addendtan €a that parry's attorney by lha seaand business day foflowiriV oxeculion of the Addendum by ell parliec. Ibis stlurnay approval coming *ncy is doomed waived by that party, If oither party's tittamuy disapproves this Addendum before tiic and of Ilse Addendum Approval Period, this Addendum is deemed calscollod but the Contract shall remntn In full torte anrt oifoct. If a paily's allorney nollher approves nor disapproves Ihis Addendum by the end or the Addendum Approval Period, ihks allomey approval contingency is deemed rrnived by That purly, Approval or disapproval roust bn In writing acid Inu; l be received by life Allorney reproscnhng the ufler party, if known, ar the other par belorc the expiration of the Addendum Approval Period. A copy of the approval or disapproval should be roailed to the real estate brokers. A2. RATIFICATION OF TERMS, �xcopt as mudified by the terms of tills Addendum, all other terms and Condltlon5 of lire Contract rumain fn iW force and efleol. A3. CHANGES. ( Lrsranyudd ;�ron5ormodrlicalivrrs6elorvJ. seller nglccs w coopCrnlc with purdl:lsci's cf €toils lb ru -zvdv 11W 01vpnrty, Seder nmy rC3udin in the Prol;crly lo11mviug the closing unlll March 1, 2009. Seiler twill b -. obligated to pay I'or vafy gas, vlecuic, wslcl, (OV1111 mc, cublc and 00ler persauul Iivin0 egmInrb. pdrraiascr o'll1 pay Ibr wxns. tnrtinfunmtco and all Wier e.cpewes or owlleisbip. SCllzr swill he obligated to oNtibi hubllrly inwrtlnvtC limp show I X39 Ail addWrlanl Jimired oil saio poll-), if necessary, duel. Mtnrch 1, 2009, Pu cha. cu scilf lied imitually aereenble suirable hoo6ln5 and per'nnirl rlunige ror Sullur Rrc a .i nlonih per iocl. io- �'. -�� / 0�l'j� ! riff; If7A6b° Dade P4� 'ITaser +Il'7� s orS;rn JftJfrnf Cna+, ?rrr, tar, ur m.�t Seller Dew Purchaser Dale $offer Dille I'LliCNIS01 Onto lNfr/7Nr Ft'RArs Kmrn No. 1,1 - RESIDENTIAL CONTRACT (t9991 wi 999 by G +eater Buffalo msocl,Von of naalloss, Inc. ('GRAB") Q1999 by So( Assnciaucn of Frie Cncnty (TAFG1 C4� +LSYJRxO a1POnivrvni WARNING; Subject to the terms of paragraph 26, to avoid claims of fraudulent concealment, modifications to this standard form most be olearly differentiated from the approved form. This Confrac! rs rerommendCd for the snle o! irrrproved nr u7rrmproveo'resldanGel estate but Is nor rCCamrnenrled for ne:v cnnsl�ue!!on ann rssocfnrmv n: rt€nrrat CONT R C Data: S cpfeni b er 23. 20 09 1. PARTIES. (A) "Soller" Lind s "I'hauns Address: 316 Maple Slrcct, I3ul'fnto, New York 14201 (B) "Purchaser ": Bullido Niagara Medicni CwopuN, hic. and nssigns Address: 701 ):tlicau Slrcct, Sul €e dot, 13uflirlo, New York 14201 2, AGREEMENT. Seller shall sell and Purchaser shall buy on the terms slated in this contract ( "Contracf'). 3. PROPERTY, The properly (" Propudy�) is described as follows: (A) Street Address. No. & Street; _ 1IG Manic Slrcct _ City/Village of Iirr ZO �, Town of County of brie ( 'County's. NY. Tax Map Identifier (Section -Block-Lot Number) _ n 7� . 0. (B) Property description, EJ Poo attached survey. Q per attached legal description. j\ Approximate Lot Size: ❑ includes interest to a homeowners' assnclailon; Sec Condomfnl um/Norneowners'AssoaiallonRrder © Condominium Unit: See Candaminlum/Momea vrrors'Assocrv!lonRider (C) Usoslimprovemants: t Fam)!y dv7eli3ng ❑ with car ❑ attached 0 detached gafage 0 vacant Land: See Varanl Land Rider. © Additional uses /Improvements (speclry): 4. PRICE, The purchase price (`Purchase Pr)cel is' . . .............................. ..... $ 17II tlgct Ill payable In U.S. dollars as follows: (A) Deposits. The following deposits shall be payable to and held in escrow by __ _.. -. _ _........._._ ( "Escrow Agent ") at _ ('Bank') (1) hiltial Deposit. When Purchaser signs this Contract ( "Initial 00posit') ............. $ -- JJ0,(Q (2) Additional Deposit. ('Additional Deposll ") .... . ........................... . . $ — 114013L. _. . Wilhin two business days following: © (a) Pull execution of this Contract by all parties. p (b) Salisfaclion or waiver of all attorney approval contingencies. © (c) Salisfacllon or waiver of the home inspection cooiingeocy, r�j (d) The later of (b) and (c). (3) Deposits. The Initial Deposit and Additional Deposit (collectively "Deposits ") shall be deposited by the third business day followirrcd the recelpt of rho Additional Deposit, Escrow Agent will promptly notify Seller or Seller's attorney when the Deposits are received or If they are not received on lime, (6) Adjusted Balance. Upon delivery of the deed ("Closing"), Purchase P0ca less the Deposits are subject to closing adjustments and credits ( "Adjusted Balance "). 5. FIXTURES AND PROPERTY RIGHTS, (A) Included In Salo, The follow4lg, Which relate to the Property, are fneluded (unless excluded below): (1) All buildings and improvements. (2) All fixtures and property atlanhed or appurtenant to the Property including, but not limited to: all heating, air conditioning (except window units), plumbing (including septic systems, well pumps, water pumps, sump pumps and water filtration systems), electrical and mechanical systems; plumbing fixtures; lighting fixtures (Including bulbs), and landscaping (except free standing planters); storm w4idows, storm doors, screens and awnings; exterior T.V. antennas, satellile dishes, and garage door oponers (inchiding motors, controls and remote units); weather vanes; window boxes; fences; underground electroolo pot fencing and equipment; flag poles; Inground or garage mounted basketball backboards and poles: wood - burning stoves, oil and gas fired space heaters, fireplaces, fireplace inserts, screens, grates and glass enclosures: wall to wall carpoliog and runners linoleum; garbage disposals; ceiling fans, exhaust fans and hoods; security systems; Intercom systems; smoke detectors; carbon monoxide delectors; water softeners; mirrors; window shades, curtain rods and traverse rods; all styles of window and door blinds; and cabinet and v4l-r Tounled appliances. (3) If presently on the Property, all mailboxes, utility sheds, gas operated post -typo outdoor grills, swimming pools/hot tubs/spas and rotated equipment, outdoor play sets, and matching kitchen Islands, (A) if presently on (he Property and unless ifee- standing, all cabinets, shelving, dishwashers, refrigerators, ovens, ranges, microwave ovens, trash compactors, humidllfers and dehumidifiers, and also (5) All of Setter's fights in and to streets, highways, alleys, driveways, easements and rights-of-way; (B) All of Seller's rights to receive all rents and royalties due under any lease or tenancy. (13) Condition of Property, Seller shall maintain the buildings and improvements until Closing in substantially the some condition au of tha date of this Contract, subject to the following: ] T I��l Seller Inloog Page f Of 7 &,rMNI f.'•'Rms P,.mhaner Initog, I ' "r [r 000, oa C.j.. me (1) Seller represents that all of the items set forth in Paragraphs 5(A)(1) through (R) of this Contract, shall ? ber In working order of Closing, except as otherwise provided #n Paragraph 5(11) (2) of this Con(racl. (2) However. Seiler makes no representations or warranties as to the condition of fireplaces, fireplace inserts, vroodburning stoves, and which are sold In "as is" condition as of the date of this Contract. (3) Until Closing, Seller shall perform ordfnary fawn and landscape maintenance and snow removal. The Property shall be in''bfoorn clean" condition and free of debris on the dale of Closing. (C) Items Not Included in Sale. The folfov,irig iternh are excluded from this sale; Furniture and household fumfshings; and also 6. SELLER'S DISCLOSURES. Seller makes the following disclosures to She best of Seller's knowledge (Ivor-.' corm -te each itemJ.' fA) Title. (1) Seller ihas title to file Property and all huildfngs and Improvements sub)ecl to the provisions of Paragraph 12 of this Contract ................ ❑ Yes D No (2) Seiler owns all other included items iisled in Paragraph 5 of this Cnnlract Q Yes 0 No (B) Agricultural District. The Properly is located partially or wholly within an agricultural district .L ........................... ............................... © Yes Q No 'it is the policy of this state and this community to preserve, protect and encourage the development and improvement of ngriculturai land for the productlon of food, and other products, and also for I€s natural and ecological value. This notice is in inform prospective residents the the properly lthay are about to acquire lies partially or wholly within an agricultural districl and that farming activities occur wliNn the district. Such farming activities may include, but not be lirnited to, activities that cause noise, dust and odors. Prospaclive residents are also Wormed that the location of property within an agricultural district may impact the ability to access water and/or sewer services for such properly under certain circumstances (C) Utility Surcharge, The Properly is subject to agas or electricity utility surcharge ......... Q Yes © Na If a surcharge Is applicable, indicate: Type: - Purpose: Amount:_ —. Payebte (i.e. monthly, yearly): (D) Well. The Properly hes a private well ...................... ........ ........... U Yes 0 No (E) Public Water. 'the Properly Is connected to public water, ...................... . ... . Q Yes ❑ No (F) Septic System. The Property has a private 56plic system for bedrooms........... ❑ Yes Q No (G) Public Sewers. The Property is connected to phiblb sanitary sevws ................... ❑ Ye.s 0 No (H) Flood Zone, The Property is currently located in a special flood hazard zona............ D Yes 0 Na Note: If the Property is located in a speciaf flood hazard zone, flood insuranoe Is recommended and will likely be required by an Inslilullorhal lender. (1) radon. the Properly has been tested for radon ... . .. . ......................... . ... Q Yes Q No (J) Special Tax Distract, The Property is located in a special tax district having a separate tax bd (for example: Buffalo Place, Ba(ley/Kensinglon Business Disl6cl, etc,) . ........... Q Yes ( No (K) Real Property Tax Exenhptlom (1) The Properly has a real properly lax exemptlon........ 0 Yes ❑ NO (2) It yes, Seller Is enticed to the exemption On the current lax rolls ..................... Q Yes © No (L) OIL The Property 1.9 serviced by Beating oSl ............... . ..... ..... ..... 0 Yes 0 No (M) Propane. The Properly is serviced by propane .......... . .... . ...... 0 No (N) Access. The Properly is conligVOUS 10 a public municipal road right of way which is used to access the Properly ............................... . ............ . ..... ❑ Yes © No (0) Shared Driveway, The Properly Is serviced by a shared driveway ................. . .. . p Yes Q No (P) Bankruptcy, The Seller is currently in bankruptcy .............. . .................. 0 Yes ❑ No (Q) Sufficient Fonds. Seller has sufficient funds (including the proceeds from the sale of the Property) to close this transaction and pay Seller's closing expenses ................. Q Yes © No 7. CLOSING FUNDS. (A) Purelloser's Representations, Purchaser represents that except for the proceeds of any financing selected in Paragraph 11) of this Gontracl: (1) Purchaser is in actual possession of sufficient money in US, dollars on deposit with aiinanoial Institution 10 close this transaction ... . ......... . ...... .. Q Yes Q No (2) Purchaser does, or Purchaser's lender may, require tha closing of thereto of any other real estate or the discharge of any morlgago for which Purchaser is liable in order to clone this transaction. . ....... . ............................ [] Yes 17 No (B) Sale Contingency, This Contract is conlingent upon the safe of other real estate as provided in the Sale ConGngencyRider ('Sale Contingency ") ............. . ........... 0 Yes 0 No (C) Closing Contingency, This Oualract is conlingent upon the closing of the sate of Purchaser's real estate located at ( "Purchasers Properly ") 0 Yes © Na Either party may cancel (his Contract upon receipt of written proof of release of the contract for Purchaser's Property or upon proof that the closing of the sale of Purchaser's Property has not occurred by the seventh business doy after the data set forth In Paragraph 1 6(A) O! tills Contract. S. LEAD -BASED PAINT AND RIGHT TO FARM DISCLOSURE. (A) Lead - Based Palnt. Choose either (rJ or {2J belonr. (1) Pre -1979 Consftuctlon. The dwelling on tike Properly was or may have been butt prior to 1978. The Load -Based Faint Rider must be attached to this Contract, (2) 1978 or t-ater Construatlon. Seiler represents that the dwelling on the Properly vlas constructed in 1976 or later. / (B) flight to Parm Dlsolosure. II is the policy of He County to conserve, protect and encourage the development and improvement of agricultural land for the production of fond and other products, and also for Its naturaf and ecological value. This disclosure notice is to inform prospective residents that farming activities -L I] Seller lnhlEnrs Page 2 047 lwsmivr FvaArs' Pmchas..... occur within Frle County. Such tanning activities may Include, but not be limited to, aclivilies that cause noise, ! dust, fumes, odors, smoke, insects, operation of machinery during any hour of ilia day or evening, storage and disposal of plant and animal waste products, and the application of fertilizers, sail amendments, and pestrcfdes by ground or oerlaf spraying or other molhod. Property owners and resldcmts of Lri6 County should he aware that farmers have the right to undertake generally accepted practices and one should expect such conditions as a normal and necessary aspect of living in an agricultural area. 9. 1 IOME INSPECTION. Choose either (A) or (SJ bolos, ❑ (A) No Home Inspection. Except as may be provided in Paragraph 15 of this Contract, Purchaser OeCts not to have the Property inspected and /or tested. This election shall riot be deemed to waive any rights Purchaser may have under this Cnnract or at law. (] (B) Putohasor s Homo Inspection, Purchaser oleos to have the Properly inspected and /or tested. (1) The Inspection. Within 60 days following {Choosoefthcr(a)nr ( bJ, velorvJ: ❑ (a) full execution of this Contract by all parties, or p (b) unconditional approval of (Ills Contract by the attorney for bosh part ies, or ilia expiration of Ilia attorneys' Approval Period (as defined in Paragraph 26 of this Contract), ('inspection Period '). Purchaser shall have the option to have the Property inspected and /or tested by an Inspector or Inspectors of Purchaser's choice at Purchaser's cost and expense. Without the express consent of Seiler, no inspection or test shall be conducted which would result in physical damage to the Properly. The Inspection Period tiviil not commence to run until all applicable utilities are in service. Sector will cooperate with Purchaser's Inspection in such lashimn as may be reasonably requested by Purchaser. (2) Radon Notice. Radon is a colorless. odorless, tasteless gas that can seep into homes through cracks and openings in a home's foundation. Inhalation of radon gas Is associated with Increased risk of lung cancer, Tesling for the prespnee of radon in residential real estate prior to purchase is advisable. (3) Radon Inspection, in connection wlth the Purchaser's home Inspection to be perfonned in accordance with Paragraph 9(13)(1) of this Contract, a radon test will be performed. ❑ Yes Q No (4) Right to Cancel Contract. If file results of any inspection are unacceptable to Purchaser for any reason whatsoever, Purchaser shall notify Seiler or Seller's attorney in writing (tile results need not be disclosed). In such case, either party may cancel this Contract. Purchasers notice of unacceptable results must he recelved by .5ellar or Seller's attorney before the exp/rallon of the tnspectfon Parlod. If Purchaser's notice of unacceptable results is not received by Seller or Seller's attorney before the end of the Inspection Period, this inspectfori contingency is deemed waived by Purchaser. 10. FINANCING * (A) No Mortgage Financing. Purchaser will close without mortgage financing. ❑ (B) New Mortgage Loan. (1) Application. Purchaser shall promptly and in good faith but in no case later than days after (I) execution of this Contrnct by all parties, (N) satisfaction or waiver of the attorney approval, home inspaction and/or lead -based paint inspection contingencies, if applicable, and (111) satisfaction of the Sale Contingency, if appitcabia, make application for and diligently pursue one or more of the following mortgage loans which shall have commitment and Interest rate expiration dates after the date set forth in Paragraph 16(A) of this Contract (NOTE. More than ono loan may be selecletl but Purchaser need not apply (orallloans selected): (a) Conventional, Conventional._ year ❑ Fixed Rate ❑ Adjustable Rate loon in an amount not to exceed $ , plus private Mortgage Insurance (PMI), If required. (b) FHA, Federal Housing Adminislrallon (FHA) —_ _, year ❑ Fixed Rate ❑ Adjustable Rato loan in an amount not to exceed $ plus Mortgagor Insurance Premium (MIP), (c) VA. Veterans' Administration (VA) year ❑ FLradRate ❑Adlushiblanote roan in an amount not to exceed $ _ plus VA Funding Fee, If required (d) Other. year ❑ Fixed Rate ❑Adjustable Rate loan in an amount not to exceed S plus PWIMIP/VA Funding Fee, if required. (2) Inlerestflate. (Rateronce to "prevailing" rate is not permissible.) Provided Purchaser complios with the provisions of this Paragraph 10, Purchaser may cancel Ibis Contract, if, at the lime of application, Purchaser is not able to lock In at: (a) a fixed Interest rate not to exceed % per year for a fixed rata loan, or (b) an initial interest rate not to exceed !e per year for an adjustable rate loan. If Purchaser elects riot to lock in an interest rate at the time of application (i.e. to "float'), Purchaser shall be obligated to accept a commitment for a loan at any available Interest rate. Purchaser must took -In an interest rate no later than ten (10) days before the dale set forth in Paragraph 16(A) of this Contract. (3) FHA and VA Mortgage Loans. In the event Purchaser applies for ollher an FHA or a VA mortgage loan, the patties acknowledge that under applicable regulations, Purchaser shelf not be ohtigaled to complete the purchase of the Properly or to Incur any penally if the Purchase Price exceeds the appraised vafue or reasonable value of the Property as determined by the FHA or VA. Seller and Purchaser acknowledge that Purchaser's tender will require all parties to this Contract to sign disclosure forms which more fully explain the applicable regulations and SePar and Purchaser agree to execute Ilia disclosure forms. (4) Mortgage Loan Feels). Complete as applicable: (a) Seiler. Seller shall pay a loan fee of not more than ___.. 9b of the mortgage amount set forth in Paragraph i0(B)(1) of this Contract. (b) Purchaser. If Purchaser locks in at application. Purchaser shall riot be obligated to pay a loan �-- feeofmorelhan bb of the mortgage amount set forth #n paragraph rr 1 -- 0(8)(1) of this sellai InRWS Vagu 3 of 7 ImmNr Popas Purchns r Inc Contract. If Purchaser does not look in at application. Purchaser shall pay whatever loan fees 1(t\ ) are required to secure an interest rate for which Purchaser is qualified. (5) 5etler's Contribution. At Closing, as a credit toward prepalds, closing costs or both, Seller shall credit to Pumhaser ❑ $ _ or ❑ % of the ❑ Purchass €'rice or 1.7 mortgage amount. (G) Commitment. If a wripen mortgage commitment, which has commitment and Interest rate expiralion dales after the date set forth in Paragraph 16(A) of this Contract, is not Issued to Purchaser by © ' or ❑ days alter satisfaction of the Sale Contingency, If applicable, either Purchaser or Seller may cancel this Contract prior to recelpt and acceptance of the mortgage commitment by Purchaser. Y'he same shall apply if a mortgage comnilmeni Is granted but later cancelled without fault on the part of Purchasor. Purchaser shall promptly provide Seller's attorney with a complete copy of the accepted mortgage commitment. ( (C) Mortgage Assumption and/or Seller f=inancing. A mortgage is being assumed Or Seiler is holding a purchase money mortgage. See .Allernate Finaiwing Rlduf. 11. SEARCH AND SURVEY. (A) Search. Seller shall provide a tax and title search which covers the Propert y only, fully guaranteed by a title Insurance corporation licensed under Article 64 of the Insurance Law, The first set -out of the search shall be the first recorded source of title in the County Clerk's Office. The last continuation of the search shall he dated after this Contract. Seller shall also provido local lax cerlificatos where not covered by the search, (D) Srirvey, Seller shall provide a survey of ilia Properly prepared by a professional who is licensed or otherwise authorized under ilia New York Education Law to practice land surveying ( "Surveyor"). The survey shall be dated after this Contract, be prepared according to Bar Association of Erie County standards and show the Property and location of all buildings, other structures and improvements affecting it. (C) Order and Delivery. Seller shall order the search and survey within five (5) business days after (I) execution of this Contract by all parties, (It) the satisfaction or walver of the allorney approval, home inspection and /or lead based paint contingencies, If applicable, and (iii) satisfaction of the Sale Contingency, if applicable. Seller shall deliver the search and survey to Purchase €'s attorney not less than fifteen (15) business days before the date sat forth in Paragraph 16(A) of this Contract. (n) Return on Cancellation. In the event this Contract is cancelled pursuant to any provision of this Contract, the search and survey shall be promptly returned to Seller's attorney or Seller by Purchaser or Purchaser's attorney. This provision shall survive ilia cancellation at this Contract. 12. STATUS OF TITLE. (A) Quality of Title. At Closing, Seller shall convey to Purchaser good and marketable title to the Property in fee simple, free erfd clear of ail liens and encumbrances, except as statad in this Contract. Purchaser will accept the Properly subjept to (i) restrictions of record, provided they do not conflict with the present improvements or uses, or Intended Uses or intended krrprovemenls (as defined in Paragraph 13 of this Contract) and have not been violated, unless their enforcement is barred by law; (1I) easements and lighis- of -way of record for water lines, sanitary sewer lines, drainage, gas pipeline, electrical [Ines and letaphone )fines, provided they are or may be used to service the Property and provided the present improvements, or Intended Uses or intended Improvements (as dollned in Paragraph 13 of this Contract) are or wHI not be on the easements or rights -of -way; and (ill) also (8) Title Objections. Purchaser's attorney shall notify Seller's attorney of all defects, liens and encumbrances to Seller's title to the Property to which Purchaser objects and which Purchaser Is not required to accept under this Contract ( "7itlo Defects Seller shall In good faith attempt to cure the Title Defects. Seller shall have the later of (1) tan (10) business days after Seller's altornay receives written notice of the Title Defects, or (it) the date set forth in Paragraph 16(A) of this Contract, in which to cure the Title Detects. Purchaser shall accept the title to the Properly once the Title Defects are cured. (C) Title Insurance. If Seller cannot cure the Title Delocts but either Seller or Purchaser can obtain an owner's title Insurance policy covering the uncured Title Defects In the amount of the Purchase Price naming Purchaser as insured ("owner's Policy ") at standard rates, at no additional cost or obligation 10 Purchaser, then Purchaser chat[ accept the Owners Policy. Seller shall In good faith comply with all reasonable requests of the title Insurer to Insure over the Title Defects, including, but not limited to, all requirements relating to Title Defects occurring or arising during Seller's ownership of the Properly. If co mortgage title insuranco policy ( "Morloage Policy ") is required, the Owner's Policy may be issued by (t) a company of the Settees choice, or (ii) a company of Purchaser's choice if Seller does not obtain the Owner's Policy- If a Mortgage Policy is required, the Owner's Policy may be issued by a company of the Seller's choice, provided the premium for the Owner's Policy Is not greater than that tot which Seiler is responsible under Paragraph 12(D) of this Contract, otherwise the Owner's Policy shall be issued by the company issuing the Mortgage Policy, if available from Olaf company. (D) Title Insurance P €emfams, II Seller Is required to provide an Owneen Policy under the provisions of this Contract, Seller shall pay the premium for file Owner's Policy at the full standard rate it no Mortgage Policy Is required. If a Mortgage Policy is required, Purchaser shall pay the full premium for the Mortgage Policy and all endorsemenls, and Seller shall pay an amount equal to the combined premium for the Owner's Poficy 2nd simultaneous Mortgage Policy (oxctuding all endorsemenls required by Purchaser's tender and any market value rider) less the premium for the Mortgage Policy al the standard rate. (E) Contract Termination. if Seller cannot cure all Titre Defects within the time period provided In Paragraph 12(8) of this Coniract and if an Owner's Policy insuring over the Tills Defects cannot be obtained in accordance with Paragraph 12(C) of [h Cortmol, [lien Purchaser may cancel (his Contract or elect to accept title as Seller can convey. If Purchasor fails to elect to accept such title within three (3) business days after Purchaser receives a written demand made by Seller, Seller may cancel this Contract. (F) Alternate Dead Form. Seller may elect to deliver to Purchaser a bargain and sale deed with lien covenant and covenant against grantor's acts in lieu of a warranty deed for so much of the Property as may be affected by the Title Defects if (g an Owner's Policy will Insure over the Title Defect, or If 1t Seller Iniliale Page 4 c1 7 INSrnNr FORMS Purchosr�J =_.J T ! ncl s nno, ha obt rd" d €r. o� h 11'(C) „r ,h r - .i Contract Policy and Purchaser elects to accept title os Seller can convey i 13. 1MPROVE€t ENTS. (A) Intended Uses and Improvements, Caution: This Property may have easements, rights of way and restrictions which may affect Intended uses of or improvements to the Property. Purchaser may be acquiring the Property subject to these encumbrances unless, Intended uses or Improvements, different from present uses and Improvements, are listed below. (1) Purchaser intends to use the Property for a ❑ one ❑ two E) three ❑ lour - family dwelling or other Q ( ntonded Uses "), (2) Purchaser intends to make the following specific improvements on or modifications to the Property or make the following speclllo use of the Property (for example, erection of fence, swimming pool or garage, parking of iecreallorral vehicles): _ ( "Intended Improvements "). (3) li any Intended Uses or Intended Improvements, different from present uses / mprovements set forth In Paragraph 3(C) of this Contract, are listed in subparagraphs (1) and (2) above, Seiler will provide Purchaser with a copy of all restrictions, easements and rights of way affecting the Properly (not Including any 4u ling ordinances or local laws) vrithin ten (10) 'business days after execution of this Contract by all parttas, It Furchaser finds that any restriction, easement or right of way Is inconsistent with the above - stated Intended Uses or Intended Irnprovemanls, then Purchaser may cancot this Contract within five (S) husinass days after receipt of ail restrictions, easements and rights at way, (B) Certiflcates. Seller shall obtain certilicates/approvals valld through the date at Closing issued by appropriate governmental aulftorities evidencing compliance with all applicable laws, ordinances, regulations and codes relating to the present use of the Property and /or required for the transfer of the Properly (for example: rertiiicate of occupancy, sump pump certilicale and Approvals of non - public sewage disposal and water supply) ( "Celiifieales /Approvals '). CBdiftcateslApprovals not already in SoVer'S possession shall be ordered by Sollsr no later than seven (7) business days after (1) full execution of this Contract, (ii) the satisfaction Or waiver of the attorney approval, home Inspection and/or lead -based paint inspection and attorney approval contingencies, if applicable, and (iii) satisfaction of the Sale Contingency, it applicable. However, Seller shall have no obligation to supply a certificate of occupancy or compliance If the Properly has been occupied solely as a one or two family dwelling. (C) Delivery. A copy of all Certiiicales/Approvals required under this Paragraph 13 shall be delivered to Purehase!'s attorney at least live (5) business days prior to the date set forth in Paragraph 16(A) of this Contract, the originals of which shall be delivered at Closing. (f1) Objeollon to Improvements. if Purchaser (3) mattes a valid objection that the Property does not comply with all applicable taws, ordinances, regulations and codes relating to the present use of the Property even if Cedifloatos/Approvals are not required In accordance will) Paragraph 13(B) of this Contracl; or (ti) it Seller is unable to obtain the Ceri4irates /Appiovols required by Paragraph f3(B) of this Contract without cost, other than application and inspection fees, Seller may cancel this Contract. If Seller does not elect to cancel this Contract, Seller shall correct the problem(s) and obtain the appropriate Cerf€licales/Approvefs, (E) Costs. Seller shall pay all application and Inspectlon fees required for the issuance or iho Certificates /Approvals. If Seller elects to make the repairs and improvements required for the issuance of any Certilicate /Approval, the repairs and Improvements shall be made at Seller's expense. 14. DEED, Except as provided In Paragraph 12(F) of this Contract at Closing, Seller shall deliver to Purchaser a warranty deed with lien covenant, together willr such other documentation reasonably necessary for Seller to comply with this Contract. However, if Seller is a fiduciary, Sollor shall deliver a fiduciary deed with lien covenant, or if Seller is a corporation, Seller may deliver a bargain and sale deed with lien covenant and covenant against grantor's acts. 15. UTILITY SERVICE AND INSPECTION. Seller shall maintain all utilities in service that are required for the operation of the healing, air conditioning, ptumbing, security and electric systems at Seller=s expense at all limes prior to Closing. Before Closing (but after writlon mortgage commitment has been obtained) and upon reasonable notice to Softer, Purchaser shall have the right to a sing final inspection of the Property. Seller shall arrange for linal utility readings and Purchaser shall arrange for the transfer of utility services to Purchaser effective as of the date of Closing. 16, CLOSING. (A) Closing {late. 17iis Contract shall be closed at [tie County Clerk's Office on © or El the dale which i5 days after the salisfaelion of the Sale Contingency, if applicable, or at such other time and place as Seller and Purchaser mutually agree. Time Is not of the essence. (l3) Time of Essence Declaration. Eilhor party may, alter the above date, declare lime to be of the essence and set a specific time for Closing on a business day at least seven (7) business days after receipt of written notice that lime of the essence has been declared, * 'N)j rty (30) days £aliening expi.ratiorl of Lhe Inspection Perio(l ill Pa agraph 9. 17. POSSESSION /KEYS. Subject only to the tenancies listed on the Renred Property Rider, if applicable, at Closing. Purchaser shall have possession of all of the Properly and Seller shall be out of file Properly. At Closing, Seller shall deliver to Purchaser all keys for the Property and provide socurily codes for any security systems unless both Seller and Purchaser have made other satlsiactory arrangements prior to Closing. 1B. PAYMENT OF ADJUSTED BALANCE. (A) Acceptable Funds, The Adjusted Balance shall be paid by: (1) Cash, but not In excess of $500.00; (2) Curiif €elf check(g) drawn on, or bank draft(',) of offfnlal checks) Issued by, any bank, trust company, savings and loan association or credit union (provided such check(s) Ware drawn on a New York Stale Seder Ynl6� Page 5 of 7 INSI'ANr f.X /,f3' Purcho5�l.inli ,f p (' , branch), payable to or indorsed by an original payee to the order of Seller, or as Sailor's attorney may 1 otherwlse direct upon not less than three (3) business days notice to Purchaser's attorney; (3) As otherwise agreed to In writing by Seller or Seller's altomey. (B) Chocks Accepted Subject to Collection. Any payment made by check ie, accepted by Seller ;object to collection. This provision shall survive the Closing and shalt not merge with the deed. 19. AD,il1STMENi'S AND CREDITS AT CLOSING. (A) Items To Be Adjusted. There shall be prorated and adjusted, as of 12:00 midnight prior to the dale of Closing, rents, propane, fool oil, mortgage Interest for assumed mortgages, non- delinquent taxes and assessrnenls appearing on current tax bills computed on a ilscal year basis, water and sewer charges, user fees and the following items (list other items to be adjusted): For adjustment purposes, all rents will be considered paid to Seller, if due at the date of adjustment. (B) Items To Be Credited. There shall ba usslydned and(or credited to the appropriate party at Closing: security deposits and any accrued Interest, assumed mortgage escrows, the principal balance of and any accrued interest on any assumed mortgage, the principal balance of any mortgage held by Seller and any other credits provided for in this Contract. (C) Assessments. Purchaser will accept title to the Property subject 1o, and will pay, all assessments and ins €allmonis of assessments for special or local improvements not yet duo and payable as of the date of Closing, provided they appear on the current tax rolls. 20. COSTS. Seller shall pay for tax and title Search to date of Closing and for the survey, iransier tax, filing fae for transfer tax forms, recording fees tar any documentation required to clear loin, the special addillonal mortgage tax, If applicable, and premium for fire Owner's Policy in accordance with Paragraph 12(0) of this Contract, it applicable. Purchaser shall pay mortgage lax, fee for recording deed and mortgage, filing fee for Real Properly Transfer Report, fee for survey cerlillca ;ion charge as required by Purchaser's fender (oven if mortgage not approved), mortgage holder's assumption and release of liability fees, and, except as otherwise provided in this Contract, all fees, costs and other chargee imposed or required by Purchaser's lender. 21, BROKER'S COMMISSION. Seller and Purchaser agree that brought about this sale and Seller agrees to pay the entire real estate broker's romm!sslon, Seller authorizes Seller's altomey to pay any balance of sale commission owed from the sale proceeds. 22. CANCELLATION. Any cancellation made pursuant to any provision of this Contract shall be made by written notice by the cancelling party to the other party. A copy of the cancellation notice should be delivered to the real estate brokers. In the event of a valid cancellation of this Contract, Seller, Purchaser and Escrow Agent each shall execute and deliver to the others mutual releases of this Contract and of all claims for commissions by the real estate brokers which arise out of the existence of this Contract. 23. ESCROW, (A) Trust Funds, Escrow Agent's sole duties and responsibilities shalt be to hold the Deposits In trust for the benefit of Seller and Purchaser and disburse the Deposits in accordance with this Contract notwithstanding that Escrow Agent may act as attorney or real estate agent for Seller or Purchaser in this transactlon. At no time shall Iha Deposits be We property of the Escrow AgenL (B) Closing Disbursements. At Closing, the Deposits shall be paid by Escrow Agent to Seller, or to any other payee ide Milled by Seller. (C) Return of Deposits. If this Contract is cancelled pursuant to any provision of this Contract, the Dupa0s shall be resumed to Purchaser within three (3) business days after the earliest of (t) lull execution and delivery of releases of this Contract by 5elier and Purchaser and of all claims for commissions by the real estate brokers which arise out of the existence of ihls Contract, or (ii) a final non - appealable court Order. (D) Escrow Agent. By accepting the Deposits, Escrow Agent warrants that the individual signing on behalf of Escrow Agent is authorized to bind Escrow Ardent and agrees to act In accordance with the teens of Paragraphs 4, 22, 23, and 24 at this Contract. Escrow Agent is not a party to this Contract for any other purpose, 24. NOTfCES. (A) Addresses. All notices under this Contract shall be in writing and delivered In accordance with Paragraph 25 of ihls Contract. Any notice to be delivered to SGlier or Purchaser or Escrow Agent, other than those personally delivered, shall be delivered to Seder's, Purchaser's or Escrow Agent's address listed in this Contract, unless such party has given written notice to the other parties of a different address. (B) Notice by Attorney. Any notice to be given or demand which may he made by Purchaser under this Contract may be given or made on behalf of Purchaser by Purchaser's attorney to Seller's attorney with a copy to Seiler of any notice of cancellation, notice declaring time of the essence or notice of salistaclion of any Sale Contingency. Any notice to be given or demand which may be made by Seiler under this Contract may be given or made on behalf of Seller by Seller's attorney to Purchaser's attorney with a copy to Purchaser of any nolice of cancellation, notice declaring time of the essence or notice of acceplanee of a Subsequent Agreement as defined In Paragraph 5C2 of this Contract, if applicable. 25. ADDITIONAL REFERENCESIDUINITIONS, 1`11e tollowMg forms shall have the fallowing meanings when used in this Contract (A) Delivery. Delivery of this Contract and of notices to be given in accordance wilh this Contract shall be made by fair, personal delivery, first class mail or overnight letter delivery servfoe. If delivery Is mado by fax, the document(s) with original signature(s) shalt be mailed by first class prepaid mail no later than the first business day following the date of the confirmed fax Iransmiss!on. Senor Inillafs page6of 7 INFJ'irNfFsws' purchasar lwtials t6J ti) If delivery is made by tax, the dacurnenl(s) transmitted shall be deemed received on the dale the I ' sander receives confirmation from the recipient's oquipmeiA that the entire iransmission has teen received, provided the required mailing Is completed. (Ii) It delivery is rnade by personal delivery, the documents) delivered shall I�q deemed received an the date delivered. (ii) If delivery is made by first lass mail or overnight Ietior dativeiy service, the document(s) delivered shall be deemed received on the first business day fallowing the day upon which the documen are depasiled with the postal service with required postage aff+xed or 7ailh the delivery service with delivery charges prepaid or charged to the ssnder's account. (C) Business Day, As used in this Contract, 'business day' shat€ exclude Saturdays, Sundays and legal holidays and shall end at 6:00 p.m. 26. ATTORNEY APPROVAL CONTINGENCY. CAUTION: THE DELETION Oil MODIFICATION OF THIS PARAGRAPH SHALL RESULT IN THE AUTOMATIC WITHDRAWAL OF THE APPROVAL OF THIS FORM BY THE BAR ASSOCIATION OF ERIE COUNTY UNLESS ANY MODIFICATION EXTENDS THE APPROVAL_ PmOD. This Contract is contingent upon approval by altorneys for Seiler and Purchaser by the third business day following receipt by each party's altorney of a complete copy of the fully executed Contract ( "Approval Period "). if either party does not Identify an alierney and deliver a cornpiate copy of the fully executed Contract to an attorney by the second business day fallowing execution of Ilia Coniraot by all parties, this attorney approval contingency is deemed waived by that party. 11 either party's atlornoy disapproves this Contract belare the end of the Approval Period, this Canlract is decmed cancelled. If either party's attorney conditionaily approves this Contract before the end of the Approval Period, either party may cancel this Contract at any lime prior to unconditional approval of a Contract by attorneys for both parties. It a partys altorney neither approves nor disapproves this Conlraet by the rnd of the Approval Period, this attorney approval contingency Is deemed valved by that party, Approval or disapproval must be In wriling and must be received by the attorney represonting the other party, if known, or the other party before the expiration of the Approval Period. A copy of the approval or disapproval should be mailed to the real estate brokers. 27, MISCELLANEOUS. (A) Entire Agreement, This Contract includes (i) the BAECIGBAR approved Riders and (ti) any other rider marked below and contains the enure agreement between Sailer and Purohaser, rind for purposes of Parugraphs 4, 22, 23 and 24 of this Contract, Escrow Agent. Nothing is binding on either Seller or Purchaser which Is not contained In this Contract. © Cnri damin /umlHomeorc+nars'Assoclation Rider D Lead -Based Paint Rider U Ranted Properly Rider Fj Stile Cartlintdency Rider ❑ Ailerndle Finrtncing Rider ❑ Vacant Land Rider El (13) Parties Bound. This Contract is intended to bind Seller, Purchaser and Escrow Agent and those who Succeed to their Interests. (C) Captions. The captions contained in this Contract are for convenience only and are not intended to limit or emptily the terms of this Contract. (D) Attorneys Fees. In connection with any litigation concerning this Contract, the prevailing party shalt be entitled to recover reasonable attorney's foes and costs. The provisions of lhls Paragraph 27(D) shall survive the C!osing or cancellation of this Contract. Whether any other provision of this Contract Survives the Closing, shall be determined by applicable faw or as specifically set forth 11) INS Contract. 28. SIGNATURES. This Contract shalt not become binding unless all parties named as Seller, Purchaser and Escrow Agent in [his Contract sign 11, Initial it (where appropriate) and deliver it so that it is received by both Seller and purchaser or their respective Attorneys before 5:00 P.M. on or before NOTE: IT IS RECOMMENDED THAT FIVE (5) DUPLICATE ORIGINALS OF THIS CONTRACT BE SIGNED BY ALL P6RTIES THREE (3) FOR PURCHASER A,NO TWO (2) FOR SELLER, Sepal L11ula7Yux,vn amp Ptdaha: Y,. rra,nubnv,u Gale ssx ssu Serer eala P —hnse, en!e ss0 Ssfl . ... ..... ........... Sciiar 550_ Escrow App nnmp 5 � tea n:� t4II.oA N_�Y pi!a1 PPm (iroAar Ai AlamaY Ayoni I C OI) Lila rf i' l3uilding Aedrsas Addtaaa Addles IluffplpNew Y uri 1420 city. 5rala, yip c ty, sloe, T1P Olt,, slats. Zip re3 Na Tel rig Tal No, 71 1t3�31G Fer Rn, Fax No. Fac No. Page 7 of 7 tilde Purchsaer 990 _ t3a:o eY S d! Sdha,il'ad Agent 6l r?sUaYr AQpry! Pi1nCRA5EnS ATTORNEY yJ�,jJjJ,�. p�L{I..�s AGENY i �t,Ll�f `r g EAL CSTIrT €AGENT_ aroHm Ageni W A,ld,ene ».. COY, Stala. 2t? Tol Ko. F. No. IN5rANr f u•'RMS ADo2rID31M {£99B} M1<J98 by Grna(ar OultWo Assodation of rteallots. Inc. Ffl'J99 by fear Assoclutton or Frio County Oaprt, 4411 Or41A55UCiAi1(3H Of [n Ceuli ry ADDENDUM Af]CJFNUUM No.T '0 CONTRACT dated: e r_t�t_3nos __� ( "Contract ") be €weep jjjW TtuaatLe {'Seller ") and bullale t3ia� aru �Iccli� al_O:utt(tvfru ;uul;t;s' ('Purchaser ") regarding. t Tnle uY (`Property "). Seller and Purchaser agree that the fallowing additions and/or modifications are hereby made to the Contract: Al. ATTORNEY APPROVAL. CONTINGENCY. This Addendum 1s cunlingenl upon apptovaf by altorneys for Seller and Purchaser by the third business day following receipt by each party's attorney's of a complete copy of the fully executed Addendum (Addendum Approval Period°. If either party does not deliver a complete. COPY of the fully execuled Addendum to that party's attorney by the second business day following execution of the Addendum by all parties, this attorney approval contingency Is deemed walved by that party, It either party's attorney disapproves this Addendum before the end of the Addendum Approval Pedod, this Addendum is deemed cancelled but the CoALFAct shall remain in full force and effect. It a party's attorney nellher approves nor disapproves this Addendum by the end of the Addendum Approval Period, this atfontey approval contingency Is deemed walved by that party. Approval or disapproval must be in writlog and must be received by the allorney representing the other party, If known, or the other party before The expiration of the Addendum Approval Period. A copy of the approval or disapproval should be mailed to the real estate brokers. A2, RATWICATION OF TERMS, l~xcapt as modified by the terms of this Addend ,nil other terns and conditions of the Contract remain in full force and affect. �,wl / .I A3, CHANGES. ( /.r'st any additlons or modiliralrons beloty); i [- i The Seater may Mira In ht the properiv fallowing the closing rmtll MarefrK 2009. Seller svill hk Oblig-11Cd to pay fur curly gas, olocleie, water, telephceio, cable amd other personal Iiving expcuscs. I'nichnscr will (say for Loxes, mairitemo }co and all other CYpC115C511f [ilYn Cltihl(1. Seiler %% be ohlit;a ICS) IU UbrOnr liability mSLLraikee and show Pulchaser its to nddifl insured on told policy, Belief l.furhi lYiwiiih Dafe Porch r B 10 . {arv,llr,!I,n1 mrylm rirr. nu,i n rilR Seiler Dala Seller - pate Purchaser Dafe lx5mwA iP41s' rk)!, No a t . Hl - ,S]L FN" [Ai CQNI RA(:fi 11 j!9)9 Oy Gfeaaer 60cio AssCCrorron of Oeaucrs, rne. i'GBAW; � h ?999 by bur A•sucialinn of i=tfc CuwFYy ! r3kF-C'i f' n�norr =�,nry WARNING: Subject to the terms of paragraph 26, to avoid claims of fraudulent concealment, modifications to this standard iorrn must be clearly differentiated li the approved form, This Conir'ci its I(w rho .sale OP!!nprovad or uoi7y rov:?d . 0,91 estate :70i is ror mCt�rr�rrrenJBd for Pov/ eGnsrruclron 4 f T , Date: r)ccemller f [.200° 1. PARTIES. (A) "Seller': 111�I I ?3xcrprises, I.L(: Address: 33G V kIA Meadows. WV %Wn, €rinrida 33327 (0) "Purchaser ": uhA4L', hso ur its oss12rts Address: 1600 1 L3kflding. 13uR;11v, flcw Yuri. 11302 2. AGIRLIEN111NT, Sollor shall soil and Purchaser shall buy on It10 terms slated in this eontrrot { "Contract "). 3. PROPERTY. The property ('Property') is described is follows: (A) Street Address. No. & Streel i3'1 A4anle C11ytVlllage of t3rrftrdo Town of , Co{mty of fate _ ( "County"), M'. Tax Map Idontifrer Number) — 19212-i-82 (6) Property Description, 0 Per attached survey_ ❑ Pei atinched legal description. W, Approximate Lot Size: - 21 s 10 1) 1' �1 t_JIncludes interest in a homepviner5' association: See Condonrirrlurr /f 1prnaown�rs'ris's'aci IrcnRider L -) Condominium Unit: See Condonurnu+n /Harp orrncr ' tssocration Aidar (C) Usesilmprovements: ❑ _ Family dwelling t J with _ car ❑ attachcrl ❑detached garage Vacant Land: See i /scant L rid Hitler. '(.J Additional usesllrnprovemenfs (Speriiy): 4, PRIGI~. The purchase price ( "I'urchasa Price ") is.. y, _ - r S 0 U0 ._ -_- faayabie in U.S- dollars as follows: (A) Deposits. The following deposits shall be Payable to and held in escrow by ("Cscrow Agent ") at ("6anic") (1) Initial Deposit. When Purchaser signs this Contract ( "tnillal Orlpasit ") (2) Additional Deposit. ( (deposit') .. . ............ Within two business days O1ICVri11q: (a) Full execution of this Contract by all parties. [� (b) Satisfaction or waiver of all attorney approval contingencies, ❑ (c) Satisfaction or waiver of fh(, home inspection contingency. [] (d) The later of (b) and (C), (3) Deposits. The Initial Deposit and Addiliorial Deposit (collectively Deposits") shall he deposited by the third business day following the receipt of the Additional Deposit, Escrow Agent will promptly notify SPIler or Seller's attorney when ;hp Deposits are received or if they are not received on timf (0) Adfusted llnlance. Upon dolivory of the deed ( °Closing°), purchase PriCe less t11c Deposits are sutajeet to closing adfuGimenis and credits ( "Adjusled Balance'). S. FIXTURES AND PROPERTY RIGHTS. (A) included In Sale. The lollowing, v,rhirh relale to the Properly, are rn( :iuded {unless excluded helow), (1) All buildings and improwamenls- (2) Ail fixtures and prapelly attached or 8ppurtenant Io the Properly including, hui nol limited to: all hoating, air conditioning (exr.( window units), plurr ing (including septic systems. well pump's. sealer pumps, sump pumps and water filtration systems), aleclrlcai and mechanlcal systems; plumbing iixtures; lighting fixtures (including bulha), and landscaping (except free standing pianterS) ; storrn windows, storm :loots, screens and awnings; exterior T.V. antennas, satellile dishes, and garage door openers (including motors, cunirols and rernote units); weather vanes; window boxes; 'ences; underground electronic pet fencing and equipment; flag poles: inground or garage mounted baskelloall backboards and poles; wood- burning stoves, oil and gas fired space ileaters, fireplaces, fireplace insarts, screens, grales and glass enclosures; wall to wall carpeting and runners; iinoleunr garbage disposal3; ceiling fans, exhauSI funs Grid hoods; Security systems, intercom systems; smoke defectors, carbon monoxide detectors: slater softeners; rtlirror,; window shades, curtain rods and traverse rod:i : M styles of window and door blinds; and cal)inet and waft - mounted appliances. (3) If presently on the Prcpeny, 831 mailboxes, utility sheds, gas operated pest -type ouldoor grills, swimming poolsihof tubs)spas and related equipment, outdoor play sets, and matching kitchen islands. (4) If presently on the Property and unless free- standing, all cabinets, shelving, dishwashers, refrigera €ors, ovens. ranges, microwave ovens, trash compactors, humidifiers and dehurnidiiiers, and also (;} All of Seller's rights in and io streets, highways, alleys, dri[veways. easements and ricgitis- of -v;ay, (6) All of Seller's rights to receive nif rent, and royalties due under tarry lease or tenancy - (B) Condition of Property. Seller fli all rnainlizin the buildings and improvernenls un €it C, loSing in subs,antitaily the same condition as of the date oI this Contraci, subject to the folfoayinq: ' .r 6,�V_tn Page 1 01 ) yiv5rAMr F'-rms initic €y Rey 1 00© (1) Seller ir x ants that all of the ilcros set forth in Paragraphs 3(A)(1) through (4) of this Contract, shun be in working order at Cloeiny, except as olber;vise provided in Paragraph 5(1 of this Contract. (2) However, Seller inakes no , Lpro,( , n1aZions or rtarranties as to the condrflan of fireplaces, fireplace inscrs, woodburning stcvrs, and __ Y which are sold in "as is" condition as of the date of this Contract. (3) Until Closing, Seller shall perform ordinary lawn and landscape maintenance and snout removal. The Property shall be in "broom clean" condi(ion and free of debris on (tie date of Cfosing. (C) Iterns Not Included in Sale. Thu following reams are excluded i4orn this Salo: Furnituro and ho set okf furnishings; and also G. SELLEft'5 DiSC:LOSURES, � eller makes [tie following disclosures to the best of Seiler', knntiledae (Nola cctrrplele each ilr'rnJ: (A) Title. (1) Seller has title to !tie Property and all buildings and improvementg subject to the pfoviskons of Paragraph 12 of this Contract- - [j Yes ❑the (2) Seller owns all other , r , cluded ilerrrs listed in Par.igrap3) 5 of this Conlracl Yes .] 1V0 (I3) Agricuftural District The Property is located partidiiy or kr &r wrthin an dgficuliuraf dis #rlct .............. (_ Yes U No 1 1 is the policy of this state and this community to preserve, protect and encourage the development and improvement of ngricriltural land for the production of fcod, and other products, and also for its natural and ecoioglcal Vallee. 'll notice is to inform pfospective resid2nrs ?hat the property they are auout to acquire Iles part ially or wholly within an agricultural district and Ihnt farming aciivilic9 occur within the district. Such farming activil[et, may include, but not be limited to, achvilles that cause noise, dust and edors- ProspYotive residents are also infonnGd that the location of property m1hin an agricultural district may impart the ability to access -vater and/or sevr?r services for such property under certain Cirettm5tan!'CS." (C) Utility Surcharge. The Property is subject to a gas or electricity utility surcharge . - .. l Yes (] No If a surcharge is applicable, indicate: Type: _�__ -- — Purpose: _ Payable (i,e. monthly, yearly): (D) Well. The Property has a private well. ..... - .... [] Yes I_AI No (E) Public Water, The Properly is connected to public water. ................. ........ n Yes 17 No (F) Septic System. The Property has a private ", lC system for _ bedrooms........... D Yes 0 No (G) Public Sewers. The Property is connected to public sanitary sevrers- - I r - .. - - . . - Q Yes ❑ No (H) Flood Zone, The Property is currently located in a special flood hazard -.one.......... . ❑ Yes n No Note: If the Property is located in a speciM flood hazard zone, flood insurance is recommended and will likely be required by an institutional lender_ (1) Radon. Tre Property has been tesled for radon . ....... ... . .. . . . L I 1 ❑ Yes ❑ A10 (J) Special Tax District. The f foperly is located in a specie€ tax district tTaving a separate tax bill (fcf example: Puffalo Place, BcAileylKensington Business District: etc.). ... . .... ❑ Yes { Ato (IC) Real Properly Tax Exemptlan, (1)'I "ha Property has a reef property fax exemption.. ❑ Yes ❑ Nq (2) if yes. Seller is entitled to the exemptirm on the torrent tax rolis- ❑ Kos © No (Iw) Oil. The i is serviced by heating oil...... ... ........ . . ... . . . . . .. .. U Yes (] No (M) Propane. The Property is serviced by propane I-) Ye8 0 Ato (N) Access. The Property is contiguous to a public municipaf road right of tray which is used to access fire Property .. ..... ......... . . . . . . ......... f _26 Yes ❑ No (0) Shared Driveway. The Property is serviced by a Shared driveway.. . . .. 5 Ye .s 0 No (P) Bankruptcy. The Seller is currenlly in bankruptcy . ... . . ............... ❑ Yes U No (Q) Sufflclent Funds. Seller has sulficient funds (includinq the proceeds frorn the sale of the Property) to close this transaction and pay Seller's closing expenses .. . .......... . . . [ 1'es ❑ No 7, CLOSING FUNDS. (A) Purchaser's Representations. Purchaser represents that excapt for the proceeds of any financing selected in Paragraph 10 of this Contract: (1) Purchaser is in actual pussession of suffie money in i dollars on depo5ll with 1 financial institu €ion to curse ;his transaclfon , . (] Yes 1 No (2) Purchaser does, or Purchaser's lender may. require the closing of the sale of any other real osiatB or the discharge of any mortgage for which Purchaser Is llak,lc in order to close this transaction. .......... U Yes [X,? No (E3) 5a le GotiVrlgency, This Cordract is continent upon the sale of other rea€ estate as provided in the Sale CotNrngency Rrdef ('Sale Contingency ") ........... ....... . . . ' ' ' ❑ Yes ® Na (C) Closing Contingency, This Contract is contingent upon the closing of the sale of Purchaser's real estate located at [" urt:hasers Property`} D ras U No Either party may cancel this Contract upon receipt of written proof of release of the contract for Purchaser's Properly or upon proof that the closinq of the sale of Purchaser's Property has not occulted by the seventh business day after the dote set forth in Paragraph iG-,l of this Contract. fl. LEAD -BASED PAINT AND RIGHT TO FARM DISCLOSURE. (A) Lead -Based Paint. Ci3oose eillier (1J or (2) 6alc:r. Q (1) Pre -1978 Construction. The dwelling on the Property was or may have been built prior to 1978. The Lead EJased f'ar�t Rider must be attached to thls Conlract. ❑ (2) 1978 or Later Construction. Seller represents that the dwelltncJ on the Property was constructed in 1878 or later. (B) plight to Farm Disclosure. it is the policy of Erie County to conserve, protect and encourage the development and inipravemerlt of ayr'ictrlturat land for the production of food and other products, and also for its natural and ecological value, This disc[osure police is to infnrrn pros' live residents that farrxri g� activities SrE r Ir,i ;rrsls F'og� 2 oI 7 IN,'71INr fC'I! /A5 Pwnhj5er Initia,t � _ h occur wRhfn Erie County. Such farn€irg activities may ino!ude, taut not be linVC 4 to. activities ,hat cause noise. i > dust, fumes, odors, snruke, insects, oparahon of during any hour of Ihe day or evening, storage acid r� disposal of plant and animal waste prodvct5, and the application of Pert kzers, soil amer.drmenls, and pesticide by ground or aerial spraying or other rnethad. Froparty owners a:Ld residents of Er!e County snou be a',vare that farmers leave the right to undeotake generally acoepted practices and cne should expec . such conditiors as a normal rind necessary uspuct of living in , an agricultural area. 9. HOME INSPECTI0N, G`hacss either (Af or (8) belot (A) No home Inspection. Except as may be provided in Paragraph 15 of this GortlracI Purchaser elects not to have the Property inspected and /or tasted. This elactlon shall nor be deemed to waive any r ahts Purchaser may have under th''s Contract or at law. (13) Purchaser's home Inspection, Purchaser elects to Have the Property inspected artd tested. (1) The Inspection. Within days tollov;in 7 (Cheese �ifller(v)r�r(Ls), 6slot;): L 3 (a) full execution of this Contract by alf parties, or { ] (b) unc©ndittonal approval of this Contract by It e tattorney5 for both parties, or the expiration of the attorneys' Approval Period (cs defined in Paragraph 26 of this Contract), ('Inspect Period'), Purchaser shall have (ho option to have the Property inspected andlor tested by all inspector or insgcalors of Purchaser's choice at Purchaser's cost and expense. Without the express consent of Seller, no inspecliort or test shall be conducied anich would result in physical damage to the Property, The Inspection Period will not commence to run until all applicable utilities are in service. Seller will cooperate with Purchaser's Inspection in such fashion as may be reasonably requested by Purchaser. (2) Radon Notice - Radon is a colorless, odorless, tasteless gas that can seep into homes through Cracks and openings in a h0j71e'5 foundation. Inhalation of radon gas is associated quill) increased risk of lung cancer. Testing for [he presence of radon in residential real estate prior to purchase is advisable. (3) Radon inspection. In connection with the Purchaser's horne inspection to be performed in accordance with Paragraph 9(8)(1) of this Corlra vt, a radon test will bt, performod. ❑ Yes [.] No (4) Right to Cancel Contract. If the results of any Inspection are unacceptable to Purchaser for any reason whatsoever, Purchaser ,hall notify Seller or Seller's attorney in writing (Ihe resells need not be disclosed). In such case, either party may cancel this Conhar:t. notice of unacceptable results must be received by Seller or Sellers attorney before the expiration of the Inspection Period. It Purchaser's notice of uisacceplable results 1s not received by Seller or Seller's attorney before the end of the Inspeciion Period, this inspection Contingency is deemed waived by Purchaser. 10. FINANCING 12 (A) No Mortgage Financing. Purchaser will cfost? withnut Mortgage. tinaf',ring. (o) New Mortgage Lonn. (1) Application. Purchaser shall promptly and its good lailh but In no case latter than T_ days after (i) execution of this Contract by all parries, (ii) satisfaction or wriwer of the attorney approval, home inspectirn andlor lead based paint inspection contingenries, it applicable, and (iii) satisfaction of the Sa le Contingency, If applicable, make application for and diligently pursue one or mare of the following mongarye loans which shall have commitment and interest rate expiration dales after Ilse dale set forth in Paragraph W(A) of this Contract W07E, rNore than one loan may be 5elcclog but F'urL'haser treed not apply for , lions selected): (a) Conventlonaf. C.onventionai_ _yeir []Fixed Fate [_11ldji1srabter ?,z1e loan in an amount not to exceed 1 _ __,.. plusPrvaleMortgageInsurance (PMI),itrequired, (b) FHA. Federal Housing Administration (FHA) year 1�3 Fixed Hate © Adjustable Rale loan In an amount not to exceed S plus Mortgage Insurance Premium (IM17). (c) VA. Veterans' Administration (VA) year 0 FrveryHate E)ACl)ustalsle Rave loan in all arnuunt riot to exceed S __ plus VA Funding Fee, it required. (d) Other. year ❑ Fmcd Hate © Adjustable Rn,'G loan in an amount not to exceed 5 plus Pfv11tMIPJVA Funding Fee, if required (2) Interest Rate. {Roferonco to "prevailing" rato is not permissible.) Provided Purchaser complies with the provisions of this Paragraph 10, Purchaser niay cancel this Contract, if, at the time of application, Purchaser is not able to lock in at: (a) a fixed interest rate not to exceed ao per year for a tined rlte loan, or (h) on initial interest € ate not to exceed Pe'r year for an ndjustahle rate laan- If Purchaser elects not to loch in an interest rate at the time of appilpatios (i.( , to 'float"). Purchaser shall be obligated to accept a com€nilment for a loan at any available interest rare, Purchaser must lock - an interoSt r•3t� no later than ton (la) days I)cioio the dale Set fortis In Paragraph 16(A) of this Contract. (3) FHA and VA Mortgage Loans. In the event Purchaser applies for eitfrer an Ft IA or a VA rnpiigayu loan, the parties acknowledge that undor applicable regulations, Purchaaser shall not be obligated 14 Complete, the purchase of the Property or to incur any penalty if the Purchase trice exceeds Ihe appraised value or reasonable vnitue of the Properly as determined 'o the f =HA or VA Seller and Purchaser acknowl ^edge that Purcfraser's lerrcler wi ;E,q r all parE <es to This Ccnlracl fn sign disclosure loans vJhich more filly explain the applicable regulations and Seller and PUrr;haser agree to execule Ihe disclosure forms. (R) Mortgage Loan Fee(s). Conipleie as applicable (a) Softer. Se:-ler shal! pay a loan fee of not more tt art o of Ire mortgage amoun' Set forth in Paragraph 10(13)(1) of INS Conn,101 (#s) Purchaser. Il Purchaser locks in at a p3icalion, Purcraso shalt not be ubliyaled to pay a loan fee ofrnorethan % of tire mortgage amount set forth in P;trngraph t0(B}(1) of this �h j _J & ;elb Pay 3 o 7 /N.4r4Nr)% Pufc73asei €111105 Contract. It Purchaser drags not lock In a1 applicatlan. Purchaser shall pay whatever loan lets ! are s,e:qu to Secure are inlure5t rate lur vrhinh Purchaser is qualilied. , {5) Seller's Contribution. At Closing, as a credit toward prepaids, closing costs or both. Seller shark credit to Purehnser ©S or ❑ % of the C Purchase Price of .0 mortgage amount. (6) Commitment. it a :^bitten ryaorigage cocniriitment, which has cornf,11merll and InlCrOst rate expiration dates after the :late set forth sn Paragraph 16(A) of ihis Contract, is not issued to Purchaser by , or ❑ days after salisfacllon of I'.1•e Sale Contingency, If applicable, either Purchaser or Seller may cancel this Contract prior to receipt and acceptance of the mortgage co{mrnitrnent by Purchaser. The same shall apply if a mortgage commitment is granted but later Cancelled without fault on the part of Purchaser. Purchaser shall promptly provide 5ellar's attorney avith a complete copy of the accepted mortgage commilment- C' (C) Mortgage Assumption and/or Seller Financing, A mortgage is being assumed or Seller is holding a uurchase muncy inortgrige. See rlllernwft? Firtiocing Rio'er 1'I. SEARCH AND SURVEY. (A) Search, Seller shall provide a tax and title search which covers the Property only, fully guaranteed by a rifle ;r,aurance corporation licensed under Article 84 of the Insurance Law. 'File first sel-out of the Search shall be the; first recofded source of title in ,he County Clei C) ice, Tha last continuation of the search shall be dated after this Contract. Sollor shalt afso provide focal tax certificates where not covered by the search, (F3) Survey, Seller shall provide a survey of the Properly prepared by a proiessionat who Is licensed or otherwise authorized under the New York Education Law to practice land surveying ( "Surveyer"). The survey shall be dated after this Contract, be prepared according to Bar Association of Erie County slandards and show the Properly and location of all buildings, other struclures and improvements affecting it. (C) Order and CaOwery. Seller shalt order the ;3o arch and survey within five (5) busiriess days after {i) exr -eu ?inn of this Contract by all parties, (il) the satisfaction or waiver of tare attorney approval, home inspection and/or lead - based paint contingencies, d applicahie, and (iii) satisfaction of fire Fiala Contingency, if appltcable. Seller Shall deliver the Search and survey to Purchaser's attorney not less than tMeen (15) business days before the date set forth In Paragraph 1 6(A) of this Contract. (D) Return on Cancellation. In the event this Contract is cancelled pursuanf to any provision of this Cortract, the search and survey shall be promptly returned to Seller's attorney or Seller by Purchaser or purchaser's attorney. This provision shall survive the cancellation of this Contraot- 12- STATUS OF TITLE. (A) Quality of Title. At Closing, Seller shall convey to Purchaser good and marketable litic to the Property in fee simple, tree and clear of all liens and encumbrances, except as staled in this Contract. Purchaser will necept the Properly subject to (I) reslriclions of record, provided they do not conflict with the present improvements of uses, or Intended Uses or Intended Irnproveinenls (as defined in Paragraph 13 of this Contract) and have not been violated, unless their enforcement is barred by ravel; (il) easements and rights- o5-way of record for water lines, sanitary sewer lines, drainage, gas pipeline, e iecincal tines and to €epllone Imes, provided they ara or may he user) to 4ervice the Properly and provided the present improvements, or Intended lases or Intended Improvernertts (as defined in Paragraph 13 of this Contract) are or wilt not be on ilia easements or rights - -way; and (iii) i Titre Objections. Puichaser's attorney Shall notify Seiler's attorney of all defects, liens and encum!3rarices to Setter tit to the Property to Which Purchaser ob(©Ct5 and Which PLrrchreser Is not required to acce under this Contract ( "Title Detects) Seller shall in good faith attempt to cure the Title Defects. Setter shall have the later of (i) ten (10) business days after Sellers attorney receives written notice of the - title Defects, or (il) the date set forth in Paragraph 16(A) of this Contract, in which to cure the Title Deferis_ Purchaser shall necept ilia title to the Property once the Tille Defecls are cured. (C) Title Insurance, If Seller cannot cure the Tilts Defects but stlher Seiler or Purchaser car; obi urn an owner's title insurance policy covering the uncured Title Defecls in the amourt of the Purchase Price naming Purchaser as insured ( "Owner's Policy") at standard rates, at Flo rsddillonal cost or obligation to Purchaser, then Purchaser shall accept the Owner's Policy. Seller shall in good faith comply with all reasonable requests of the tills insurer to insure over the Title i including, but not limited to, all requirements retating to Titi Defects ocourrtng or arising dlaring Seller's ownership of the Property. It no rrlortgatte tile insurance pptic.y ( "Naorii Policy') is required, the Owrli rii Policy may be issued by (i) a corTapany of the Seller's choice, or (ii) a company of Purchaser's choice if Seiler dues not obtain ,ha Oviner's Policy. If a Mortgage Policy is required, the Owner's Policy may be Issued by a company of the Seller's eholcc, provided the premium for the Owner's Policy is not grater than that for which Srfler is responsible under Paragraph 12(D) of this Contract, otherwise the Owner's Policy sttcaii be 3 ;uud by the company issuing the Mortgage Policy, it availablu tram that L;Qrnpany. (D) Title Insurance f remiums. If Seiler is required to provide an Owner's Policy under the provisions of this Contract, Geller shalt pay tare premium for file Owner's PoNcy at the futl standard rate if no Mortgage Policy is required If a murtyage Policy is required, Puichaser shall pay the lull premium for the i Pottery and all endorsements, rand Seller shall pay an amount equal to the combined premium for 1110 Ovaner's Policy and simultaneous lviodgage Policy (excluding a #I endorsements required by Purchaser's lender and any market value rider) less the premium for the Mortgage Policy at the standard rate. {E) Contract Termination. II Seller cannot cure all Title Defecis within the time period provided in Paragraph 12(8) of this Contract and if an Owner's Policy insunng over the Tille Defects cannot be obtained in accordance with Paragraph 12(C:) of this Contract, then Purchaser may cancel this Contract or elect to .accept litie as Seller can convey. if Purchaser fails to elect to accept such title within three (3) business days rafter Purchaser receives a written demand made by Seiler, Seller may cancel !his Contract. (F) Alternate Deed Form. Seller may elect to delivar to Purchaser a bargain and sale deed with lien covenant and covenant against grantor's acts in lieu of a warranty deed for so much of the Properly as may bo affected by the Title t7efecis a (i) an Owner's Policy mil insure over the Title Defact. or (if) an Owner's lot IniEia�r, Page: of 7 /N- Sfanrr Fc:'H67S Purch,sef initials Policy insuring over t112 title Vcfects cannot be obtained In accordance vri;h Paragraph 12(C) of thig i Contract and Purchaser einr:ls to ncan(it lillr" .I; Seiler c to corvfy - � • -% '1 13. IMPROVEMENTS, (A) Intended Uses and Improvements. Caution: This Property may have easements, rights of way and restrictions which Dray affect intended uses of or improvements to the property, Purchaser may be acquiring the Property subject to these encumbrances unless intended uses or improvements, differeni from present uses and irnprovemcants, are listed below, (1) Purchaser irJenris to use the PropErly for a L 'J one L two ❑ li?ree four - fafnJy dwelling or other — ----- C.. r �•.c ("intended USES "f. (2) Purchaser intencrs to make iht following specific improvwnenis on or rroodstioalions to the Properly or make the iollowing speciEc use of the Properly ,for examcfe, eroct of fence, swimming pool or garage, parkin!j of recreations# vchi(Jr s), _,_ ___ ('intended lE proven:enls`). (3) it any Iclended uses or Interdecl Irn!xavornsnt5, iifferent from present useslirnprovemeats s ^t forth n Paragraph 31 of ihls uon,i,=ot, arc listed in subparagraph; {1) and (2) above, Seller will provide Purchaser with a copy of all restrictions, easements and rghts of way affecting the Properly (nett including any zoning ordinances or local iaW;) within ten (10) business days after •exeet:tton of this Contract by all paities If Purchaser find, ;hat any restriction, easernent or right of vray is inconsistent with the above•sialed Intended Uses or Intended Improveme:•nts, then Purchaser may cancel Liis Contract within five (5) business days after receipt of all reslr}chons, easements and rights of way_ (B) Certificates. Seller shall obtain certificateslappfovals valid through the date of Closing issuers by appropriate governments( authorities evidencing compliance with all applicable laws, ordinances, regulations and codes relating to the plcsunl use of the Property and/or required for the '.ransler of the Property (tor example: certificate of occupancy, sump psi certificate and approvals of non - public sewage disposal and sealer supply) ( "Certi(i( "). Cauiflcates /Approvals not already in Sellers possession shall be ordered by Seller no later than seven (7) business days after (i) lull exeCUtforl of !his Contract, (ii) the satisfaction or walver of the attorney approval, home inspection and/or lead -based paint fnspecitorf and attorney approval contingencies, ii applicable, and (iii) satisfaction pf the Safe Contingency, if applicable. However, Seller shall have nu obilgallon to supply a certificate of occupancy or cornpliai if the Property has been occupied solely as a one or two family dvvc €Zing. (C) Delivery. A copy of all Getjiiicates /Approvals reclu!red under this Paragraph 13 shall be delivered to Purchaser's attorney at least five (S) business days prior to the elate set forth in Paragraph 1i of thus Contract, the originals of which ;hall he delivered al Closfncg. (t3) Objection to Improvements. If Purchaser (!) makes a valid objection that the Propuriy does not comply with all applicable laws, ordinances, regulations ctnd codes relating la the }resent use of the property even Certificates /Approvals are not required in accordant° with Paragraph 131 of this Contract; or (ii) if Seller is unable to obtain (fie Cediflcates/Approvals re: €vireo! by Paragi 131 of this Conlr.sct without cost, other than application and inspection fees, `teller i canCzl this Gunrrac5 if Seller does not elect to cancel this Contract, Seller shall correct the problern(s) aril obtain the appropriate Certf{icnles/ Approvals. (E) Costs. Seller shall pay all apptica:tion and inspection feces required far the issuance of Ine Cerlificates/Approvals. If Seller elects to make the repairs and unprcvernents required !or the issteaiece of any Certificale /Approval, the repairs and improveinunts shall be made at Sellers expense. 14. DEED. Except as provided in Paragraph 12(P) of this Contract, al Closing, Seller shati deliver to Purrhaser a warranty deed with lien covei together with such other docurncrli3tinn reasonably necessary for Seller to comply with this Contract. However, if Seller is a fiduciary, Seller shall deliver a fiduciary deed wiih lien covenant, or If Seller is a corporation, Seller may deliver a bargain and sale deed with lien covenant and covenant against grantor's acts. 15. UTILITY SEHVICE AND INSPECTION. Seller shall mstintam all a ilitias in , that are required for the oporralion of the heating, air conditioning, i)lun11)0q, security and rlecfric systems , it Sellers expense el all times prior to Closing. Before Closing (hut after wi4ten rnortgage commitment has been obtained) and upon reasonable nalico to Seller, Purchaser shall have the right to a singfc final irispeclion of the Prnpc ty Sullor shzil arrange for final utility readings and Purchaser sha!i arrange !or the transfer of utility services to Purchaser effective as of the date of Closing. 1ti. CLOSING. �p (A) Closing Date, This Conti act sriall be closed at the County Clerks Office an (,c] 1;rnuari� ,Fri WJ119 i A SS` or 0 the date which is days after the satisfaction of the Sale Contingency, if applicable, or at such other time and place as Seller and Purchaser mutually agree. Time is not of the essence. (B) Time of Essence Declaration. Either party may, aiier the above date, declare time to be of the essence and set a specific time for Closing on a business day at !east seven (7) 1 days after receipt of % notce that lime of the essence has teem dr.oj. red 17. POSSCSSIONIKEYS. Subjact only 10 the 1,nancies listed on the Remo. Properly Rider, if applicable, at Closing. Purchaser shall have possession of all tai 11)z Property aril Seller shall be out of the Properly. At Ousiny, Seller shall deliver to Purchaser all keys for the Pceperty and provide serurrty codes for any security sy5tems antes, both Seller and Purchaser have made either satisfactory arranrdernents prior to Closing. 15. PAYMENT OF ADJUSTED BALANCE. (A) Acceptable f=unds. The Adjusted Balance shall vie paid try. (1) Castt. but not in excess of $500 Go (2) Ct rhii, ^.k( &) drawn on, or i drafl(s) or alficral Check {st lamed by. any bank, trust conipaf savings and loan assoniatfon or credi'=. union ;provided such check(s) is /are dravin on a HIcvr York Siato �tA � 9e f E��.ilia ?'s PzUe 5 of 7 /NSMIlIr / "iArA$' PwrclIZeI Ir!:I €e!s branch}, payable to or eru1aE:,ed by an original payee to the order of Setter, or as Seller's attorney may otherwise direct upon not less than three (3) business days nolice to Purchaser's attorney, (3) As othervvise agreed to in viriling by Seller or Sellers attorney (E) Checks Accepted Subject to Collection. Any payment made by Check is accepted by Seiler sudjert TO G' co =Jectiun. This prevision shill survive the Closinq and shail not merge mth the deed. 19. ADJUSTMENTS AND CREDITS AT CLOSING. (A) Items To Be Adjusted. Tharz a'hall be prorated and adjusted, as of 12:00 ni prior to the data of Closing, rents, propane, fuel oil, mortgage interest for essumed mortgages, non -delinquent '.axes and assessments appearirrrg on current tax bills cornputed on a fiscal year basis, hater and sewer churges, user fees and the iollowing items (list other items to 1)e adjusted): For adjustment purposes, all rents will be considered paid to Seller, if due al the date of adpstrnent. (6) Items To Be Credited. There ::hail be assigned andlor crediied to the appropriate party at Closing: security deposits and any accrued interest, assumed mortgage escrows, t #tie principal bafanr_c of and any accrued interest on any assumed mortgage, the principal balance of any mortgage held by Setter and any other credits provided for in this Contract (C) Assessments. Purchaser v;ih accept title to the Property subject to, and will pay, all acsessrnen[s and installments of assessments for special or focal improvements not yet due and payable as of the date of Closing, provided they appear on the current tax rolls, 20. COSTS. Selier shall pay for tax and title search to date of Closing and for the survey, transfer tax, living fee for transfer tax forms, recording fees for any documentation required to clear liffe, the special addtional mortgage tax, if applicable, and prerniurn for the O Policy in accordance wilh Paragraph 12(D) of this Contract, if applicable, Purchaser shall pay mortgage tax, fee for recording deed and mortgage, %long fee fnr Real Property Transfer Report, fee for survey certification charge as required by Purchaser'; lender (even it mortgage not approved), mortgage holder's assumption and release of liability fees, and, erccpl as olherwise provided in this Contract, all lees, costs and other charges imposed or required by Plrr-haser's lender 21. BROKER'S COMMISSION. Selier and Purchaser agree that _. broughl afoul this sale anti Seller agrees to pay the entire real estate broker's conrrnission. Seller aulhoriTes Seller's allomey to pay any balance of sale cornmission owed from he silo proGoods- 22. CANCELLATION, Any canceffalion made pursuant to any provision or tliis Cuntraul shall he made by wriikin notice by the cancelling party to the other party. A copy of the cancellation notice should he clelivvred to the rear estate brokers. In the event of a valid cancellation of this Contract, Seller, Purchaser and Escrow Agent each shall execute and deliver to the others mutual releases of this Contract aid of .ell clairris for commissions by the real estate brokers which arise cut of the existence of this Ccantraci. 23. ESCROW. (A) Trust f=unds. Escrow Agent's sole duties and responsibilities shall be to hold [tie Deposits in trust for the benefit of Seller and Purchaser and disburse the Deposits in accordance with this Contract notwithstanding that Escrow Agent may act as attorney or real estate agent for Seller or Purchaser in this transaction. At no lime shatf the Deposits be the property of the Escrow Agent. (B) Closing Disbursements_ At Closing, the Doposits shall bra Paid by Escrow Agent to Seller, or to any olfler payee identified by Seller. (C) Return of Deposits. If this Contract is cancelled pursuant to any provision, of this Contract, the Doposits shelf be returned to Purchaser wilhio three (3) business days after the eariiost of (i) full execution and delivery of releases of this Contract by Seller and Purchaser and of all claims for coninrissians by the real estate brokers which arise out of the existence of [his Contract, or (ii) or final non appealable court order. (D) Escrow Agent. By accepling the Deposits, Escrow Agent warrants that the individual signing an Lehall of Gsutow Agent is authorized to bind Escrow Agent and agrees to act in accordance with the terms of Paragraphs 4, 22, 23, and 24 of this Contract. Escrow Agent is nut a party to this Contract for arty other purpose. 24. NOTICES. (A) Addresses, All notices under this Contract shall be in wrftiri and delivered in accordanco with Paragraph 25 of this Contract Any notice to be delivered to Seller or Ptlrchuser or Escrow Ay_ eri1, other than those personally delivered, shalf be delivered to Seller's, Purchaser's or Escrow Agent's address listed in this Contract, unless such party has [given voiiten notice to the other parties of a different address. (B) Notice by Attorney. Any notice to be given or demand which may be made by Purchaser under liiis Contract may be given or made on behalf of Purchaser by Purchaser's attorney to Seller's attorney ;ViM <i ropy to Seller of any notice of c rocelfation, notice rfecfarng time of the essencel or notice of satisfaction of any Sate Gontirgency. Any notice to be given or demand which may be made by Seller under this Contract may be given or made on t chat! ni S'flar by Seller's attorney to rurchaser attorney with e Copry to Purchaser of any notice of cancellation, notice decia6rig lime of the essence no notice Of a replarcri Of r3 Subsequent .Agrvernent as defined in Paragraph SC2 of this Contract. if appiicab e. 25. ADDITIONAL REFERENCESIDUINITIONS. The following terrns shall have the following meanings ;vhan used in this Contract: (A) Delivery. Delivery of !his Contracl and of notices to be given in accordance with Ibis Cuntract shall be made by fax, personal delivery, first class rnail or overnight tetter delivery service. it delivery is made by fax, the dacumcni(s) wilts original signature(s) shat€ he mailed by firsi elms prepaid mail no later Inan the first business day following thr date of the Confirmed fax transmission. 01 lrt; rrz�a -. Page 6 of 7 I1v,5r.41vrFc�.vhrs .� „w:rwse, �,vnxis (B) Receipt. (1) If delivery is ntade by fax, the documents) Iran51T171tF..d sha11 tie deemed received on the date the sender receives conflrrraticn from the recipient's equipment [hat the entire transmission has been received, provided the required mailing is completed. (ii) If delivery Is made by pol^,onal ciellvery, tite document(s) delivored shall he deemed received on the date delivered. {Ili) If delivery is made by first class mail or ovomight letter delivery service, the documenl(s) dehvur¢d ShcA be deemed received on the fi=st husines5 day following the day upon which the documenis ire deposited with the postal service with required postage Axed or uti €tc the delivery service with delivery charges prepaid or charged to the sender's account. (C) Business Day. As rased in this Contracl, °business day" shall exc!ude Salitrdays, Sun;iays and legal holidays and stall rnd at 5,00 p.in. 213. ATTORNEY APPROVAL CONTINGENCY, CAUTION: THE DELETION OR MODIFICATION OF THIS PARAGRAPH SHALL RESULT IN THE AUrpMATIC WITHDRAWAL OF THE APPROVAL OF THIS FORM BY THE 13AR ASSOCIATION OF ERIE COUNTY UNLESS ANY MODIFICATION EXTENDS THE APPROVAL PERIC?0. This Contracl is contingent upon approval by attorneys for Seller and Purchaser by the third business day folEowinr, receipt by each parry's attorney of a complete copy of the fully executed CnnfraCt ( "Approval Period"). II either party does not identify ;tn attorney and deliver a complete copy of ttte fully ez2cutsd Conlrael to an attorney by the second business clay following execution of the Contract by all parties, this attorney approval contingency is deemed waived by that party. if either party's attorney disapproves this Contract before the end of the Approval Period. ihiu Contract is deemed cancelled. I( either parl's attorney oondltlonally approves this Contract before the end of the Approval Period, either pary may cancel this Contract at any time prior to unconditional ap;srpval of a CQntraCl by attorneys for Goth partiea. 4 a party's attorney neither approves nor disapproves this Contract by the and of the Approval Period, this al approval contingency :s decino -d waived by that party. Approval or disapproval must be in writing and must be received by the ariorney representing llie other party, it known, or the other party before the expiration of the Approval Period, A copy of the approval or disapproval should be masted to the real estate brokers. 27, MISCELLANEOUS. (A) Entire Agreement. This Contract includes (i) the 8AlECiGSAR approved Riders and (ii) any other rider marked below and contains the entire aIgreemenl t elween Seller and Purchaser, and for purposes of Paragraphs 4, 22, 23 and 24 of this Contract, Escrow Agent. Nothing is binding on either Seller or Purchaser which is not contained in this Contract. Rider ❑ Lead -based Paint Rider { 1 faenled Properly Rrder Sale Conangency Rider ❑ Allernalc Financing Rider L Vac.vni Land Flider n rir!ennu3n (B) Parties Bound. This Contract Is intended to 1Jind Sollor, Purchaser and Escrow Agent and those who succeed to their interests. (C) Captions. The c3plions contained in #his Contmol. are for convenience only and aro not intended to Iilnit or amplify the terms of this Contract. (D) Attorneys Fees- In connection with any titigation concerning this Contract, the prevailing party shat) be entitled to recover reasonable attorney's fees and costs. The provisions of this Paragroph 27 (D) shall survive the Closing or cancellation of this Contract. Whether any other provision of this Contract survives the Closing, shall he detorinineLl by applicable-: lava )r as sper,ificaliy set (Grill in this Contract. 28. SIGNATURES. This Contract shall not tcecorne binding unless 111 parties named a5 Seller, Purchaser anti ESCIOIv Agent in this Contract sign it, initial it (where approprirde) and dd iver it so that it is received t) both Seller and Purchaser or their respective Attorneys before 5:00 P.M. on of before__ -_ NOTE: iT IS RECOMMENDED TI ]AT FIVE (5) DUPLICATE ORIGINAI-S OF THIS CON "H Al i BE SIGNED BY ALL F1 IES R 3 Pon PURCHASER AND - 1N0 (2) FOR SELLER, � A / SNler nhlr lrnrrrprii ., r, l.0 / UaU• Pmt5cr f1A'Af ,Irr rfl;ro osrf�ri� sw __ Ss:7 Srlll,r 551! S� SSr; EICI v Agcm main, si: URSS A TTORNEY [?uR'i�NIiSFR'S n7•�Ilf{F'Y r ra m 00, 0.11c ay siaA2wr ?ul avUloGaed agyn[o {�CCrn.v Aysrif �� r1571nC pfA7 FSTAT= _,1GF >1i _S E LLI T G P..EAL E5TATC AG[ ;�7 3,oMor lgsth.eACziuit�_ A�;j_clt� I' Slite'lll Fhi . _�__ _ !dmrr�uy aY.arnnY ATsnI Ifign !_ itrcrry !3r Fildisr_I .I:rS Iu1�rl R.�cnlr _ riadiesr: Aun:nca n��� 1 Wfl0lu. Z York I.1202 i3ISLCI Nu%e Yogi. 1 42- 1 7 COY '11W., ZIP da sl:r[c_ ZIP EI: (1Rir1 dt!{l _ -_ (71G }1 �t_1 °c1 No. _ TAI N.. n,lo v „r.r.��ar f7.Jte PurrflpSFr SS,. .. Ilra nr .war_s C-I). sLnle, TIP ci!y. Slalc. ZIP ;piF'n rci Lr.. ('ax nu Fcx h °o. as 4aP � n.: "io. f age 7 of 7 IAsmNr lr,''R1r15, Aviie fdviin§ { t 9vdj i 9�J oy Greatar Bulfa[o Associal= Of Peastors. €nc. 71998 by Bar Assocwmr of Erie County _. ciroinu+ n pxR As$Cc, Qr A: r. CCrrr,ry ADDENDUM 0- �� ADDENDUM No. i TO CONTRACT dated: h ^r � ( "Contract'p between IiltVl € ?nf�>mriccs LI and ---- ( "Purchaser") egarding: ;� S u ( "property "). Seller and Purchaser agree that the following additions and/or modifications are hereby made to the Contract: Al. ATTORNEY APPROVAL CONTINGENCY. This Addendum is contingent upon approval by attorneys for Seiler and Purchaser by the third business day following receipt by each party's attorney's of a complete copy of the fully executed Addendum ( "Addendum Approval Period'). if either party does not deliver a complete copy of the fully executed Addendum to that party's attorney by the second business day following execution of the Addendum by all parties, this attorney approval contingency is deemed waived by that party. if either party's attorney disapproves this Addendum before the end of the Addendum Approval Period, this Addendum is deemed cancelled but the Contract shall remain in full force and effect. If a party's attorney neither approves nor disapproves this Addendum by the end of the Addendum Approval Period, this attorney approval contingency is deemed waived by that parry. Approval or disapproval must be in writing and must be received by the attorney representing the other party, if known, or the other party before the expiration of the Addendum Approval Period. A copy of the approval or disapproval should be mailed to the real estate brokers, A2. RATIFICATION OF TERMS. Except as modified by the terms of this Addendum, all other terms and conditions of the Contract remain in full force and effect. A3. CHANGES. (List any addi frons of modrficatransbolou✓J: Purchaser will pay for all Seller's dosin; cost to update ride search, surveys, t a lsfer tax, recording costs and attorneys fees of S�SO.00. r' Seller ffjntEnre p,rs�s. LrC Dale Purchaser an,rt[ rr, . ,r rs,,,,r, - Lat` C / Seller Date Purchaser - pate �— Seder pate Purchaser — Bate INSTANT Foglf5' 'VACANT LAND RIDER RIDER No. - TO CONTRA( dated: 1 ;.:?nuts ('Contract "? between and 1IN 4C. tnr. ur it VL.ij 1: (PUrChasBr °} regarding �?'la�!�� S;;ec€ t3�rl NY Seller and Purchaser agree that the foliowino additions and/or modifications are hereby mr ^d8 to this Contract: VL1, INTENULD USESAMPROVEMENTS, Purchasers intended Uses and Intended Improvements are set forth in Paragraph 43(A) of This Contract. (Nola; Paragraph t3(A) of this Contract mqlgr be completed.) V1.2. SELLER'S DISCLOSURES, Seller rnake$ the fo',lcwir tt dist.'IOSores io the best of Se ller's knowledge (No!&. complete each ilem): (A) The Property is currently zoned for residential use as a M one: ❑ iivo D three €"7 lour family dwelling. (B) The Property is wholly or partially either Federat or State Wetiands .... .. .........•..... (C) The public murncipal road referred to in Paragraph 6(N) of this Contract is known as hia �lc Sec ( "Flood`). (p) There are currently the following easements and lines, for servicing the Intended lmprovam�?nls, located (i) on the Property_ , along the entire Property line contiguous to the Road arrd m more than fifteen (15) foot in width; or (ii) within the Road, alun and rIo rnnre than live {5) feet from the entire Property €ine contiguous to the Road: (t} elecirlc ........................ C7 Yes p No Q Other ......... -. ..... .. ......_.- (2) natural gas .. .. ..... . .. _ -_ Ll Yes p No L7 Other (3) public water M Yes Ll No ❑ Other .......... ......... ( public sanitary sewer .......................... ............................... L�) Yes Cl No 0 Other (5)) public storm sewer ........................................... .................. ..... ... ..... LI Yes 0 No © Other (6) telepflonc - ..,.,.. _.. N -y Yes© No © Other (7) cable television _. -.- -,. ........_ ...__,..- ....._ _._ ......._ ................ 0 YasCJ No L] Other If "Other" is checked, attach an explanation. (E) 'ho Prop?11y is subject to special assessments for public improvements (for example: sewers, licghiing, sidewalks, water etc.) ........................ ............................... No VI-3. SURVEY 5TAMG. The Property is to be staked by the Surveyor at Seller's expense _ ❑ Yos III No VLa. PROPERTY INVESTIGATION. (A) Applicability. The provisions of this paragraph VL4 shall apply in lieu of Paragraph a and 9 and the fast se€1tence of Paragraph 13(A)(3) of this Contract. (©) Investigation. Within twenty -one (21) business days following the unconditional approval or this Contraci by the attorneys for both parties or the expiration of the attorneys' Approval Period ( "Investigation Period'), Purchaser shall complete all tcsis, inspections, invosttcdatfons and/or post esilmatps ( "I rive stigations°) dQsired by Purchaser to detennine That the Property is acceptable for the Intended Uses and Intended Improvements (for example: percoiailo€i lest, availability of well water, Iocall)n of utiklies, review of restrictive covenants, subdivision compliance, availability of building porrnit, soil tests, environmental and archao€oticat tests and Investigations, zoning, (load plain and/or wetlands status, etc,) The cost of the investiggitions shall ba paid by Purchaser, cxcepl for the lollowincg which shall be paid by Seller: (C) Cooperation, Without the wrihen consent of Seller, no investigations shalt he conducted which would result in physical damage to this Prclsporty- Seller will otherwise cooperate vnth Purchaser's Invesligatio75, in Furl) fashion as miry be reasonably roquested by Purchaser. Upon request of Purchaser, Seller shall promptly deliver a complela copy of each record and report avallmo to Seller pertaining to any of the malters being investigated by Purchaser. Upon request of Seller, Purchaser shall promptly deliver a copy of each record and report uvgilable to Purchaser perlalning to any of the nnallors investigated. Upon c.ornpleUon of the Investigations, Purchaser shall cause the Property to be retumeo to substariliaily the same condition as existed on the date of this Gontract, (f)) Right to Cancel Contract. If the results of any Investigations are unacceptable to Purchaser for any reason, Purchaser shall nptily Seller or Seller's attorney in c;riiing (the results need not be dlsclosad). If In such case, either party may cancel this Contract. Purchaser's notice of unacceptable results n3ust be received by Seller or Seller's attorney before the expiration of the Investigation Period. Purchaser's notice of unacceptable results is not received by Seller or Seller's attorney before the end f the Invest) all Period, this contingency is deem l waived by Purchaser - 94 Seller 1USt Erxr rJ.Uer, r,tC ie P cha t, rnc. nrrn Dated Seiler Dale Purchaser Dente Sell r __ Date Purchaser Date INSrAmr Tr,RUs DATE. rri 3, 2009 B Y: ' Z lllvtsion F I'la ing ' TO: THE COMMON COUNCIL OF THE CITY OF BUFFALO: Room 901 Cit 11all Pursuant to Article XXV Section 511 -126 of•Chapter 511 of the Cade of the City of Buffalo, the tanders ( ned pp in the 11�if NW Zoning mappConcerningl�certainn premises Intthe oltyaasafollows: or change 1. Name and Address of Petitioner: i 0 Hi h St. Buffalo NY J4203 2. Description of Propert g p pro ert sou to be rezoned by street and 4ddress: (this must be verified by the Survey Office- Division of Engineering- Room 605 City Hall.) 294 -336 Ma le Street 3. To area of property to be rezoned In square feet 68,620 �I. It the Pe 1s not the owner of the premises g ive A. game of owner(s) See Exhibit "F" Address(es) !3. What is interest of petitioner In this proposed 'Zoning Amendment ? Owner 5. Air accurate survey, by a licensed surveyor, of the property, showing dimensions and all boundary lines, and the location Of all structures on the p rem i ses. . be attached on both original and copiea of petition. See Exhibit "i ". G. Legal description, by metes and bounds of the property sought to be rezoned: See Exhibit "p" 'l. Present zoninfl classification of premises: _E =2_� 8. Pr•oPosed zoning eiassification of premises: 9. Vvesent use of Ix'enlises: Residential 10- Proposed use of PreMises: Nursing Facilit 1 1 . be Scr 1 pL i on of uses on premises adjacent to the proposed rezon r general description of the kind of neighborhood ykeesi and lhe� ghborhood this area !s sltuaLed: North - Last,-- South- West- Institutional Neighborhuod deseripClon --A transit inh- neIg ar oa etwaen institutional (health care) and residentia i 3 . Nap ahcaw ing all properties. es, an owners O f (lieu lsed 1/93) 1", rrcposed Change, and all p' having a s a;;oli laropertles, included !n the " highway ot• highways upon which any p ► the t propg s ed o han a rrontage, h ave 1 100 Feet in both dtreoLlons along such highway or highwa s fr() ►n tilt; "CareiL aide line, or nearest side line extended of t he e i nC l udr;d in the y Proposed change and also the names of the owners of � ► ail s (1!'Uperi. its located within 50 feet of the rear or sine lime of any premises inuluded !n tilt: proposed change must be attached on the original and all copl rat' the petitlun. See Exhibit "F" List of all ow►►irs and current mailing addresses as shown on l;he above u►ap required In accordance (2) kith Seotlog 5 t) of Cha ter Of the City of Buffalo: See Exhibit " 51 of tile Code rvfame 1'least; t N't Address l'1Eease YitlMY 1, 2 5. 6. t3 . 21 22. - 23. 211 -- �- ._._•_ _ � 26 ---- 27 . 28. 29 3t1 31. 32. 33. 311 - 3 fi . ------ ...._. 30. 1 12. 1 13, 1111 t Itev ised 1 1a. '1'lrc: peLILiOiler states Lhe use under hhe 000 oonl.rary to or in violation of un �, -oa2u ri«endmerrL to the zoning map Is or• corer legal r•esLric of record. 'The oner hoicls that proposed urrg reris 1'� :�onir►IS is riot lrrcorrslstent with eft well considered Irian for Lite rleve.lopraerrt 01 Lt,c C t ty as desCr i bed In Section 511 2, or Chapter 5 11 of Lhe Code of the C i t y 01' Buffalo, and that' lire proposed Toning is not in conflict with laual objec,tives it) the development of Lhe Uty. a whole. Agreed folluu11111 addlt.lc)nal Information is rurnished Iry LIM peLiLloner LO astlisL Llre c . u„ur,on [curd t In its consideration of the matter scat forth 1n Lire petitfon; 17. Every rrlrplicatfon ' petitlon or request for a change Of' 20nIng or ror a varlanoe or amerrdrrrerrt of the zoning or planning regulations, and every appiiaetlon, peLitiorr (jr r t'or the approval of a plat or for the exemption Prow a plat, , olTlelai rnap, ilcense or permit, shall contain the following: (A) State, L'u Lhe extent known by the applicant, whether any State officer or any Officer of the Country of Erle or the City of fluffalo or any employee of said County Or City has any Interest in the aforesaid application: ( YES)_ -- _ (NO) X (11) State the name and address of the aforesaid Interested person or persons: (C) StaLe the nature and extent of the interest: NO'I'IG[r: '1'0 t'0 11'I'1UNE11: AN Of'C'1CLU Oil EMPLOYEE? SHALL BE 1)C' HG) TO ItAVL AN IN E111?�'r IN '1'EIL APPLICilm' WIIEN HUSHC, IIIS /lil~11 SI On '1' "Un 111t0'rI1ERS, SIS'1'EItS, l'Alits'lV'I'3, C11iLi)NEN, E,ftANl}f;il1 E.1 }Ill"N, Oil '111C SPOUSE OF ANY OF THEN: {;r) 13 THE Al't'LICAN'T, Oil ( U) fS AN OC'I'IClill, l)I RCC'1OR, PARTNER Oil EMPLOYEE OF THE APPLICANT, Oil (c) 1.1 &DALLY Oil I)ENUICIALLY OWNS 00 CONTROLS STOCK OF A CORPONA't'C APPLICANT Oil IS A HI?HOC1i OF A PAR't'NE113111 P oft ASSOC I A'F i 13N WITH 'l'IIE APPL 1 CAN'T, Oil (J) IS A PAli'1'Y TO AN' AGRECMEN`1' WITH SUCH AN APPLICANT, "I'llUS Olt IMI'LIED, W11CIlEllY 111: / MAY NEXC1V!~ ANY PAYMENT Oil O't'llLit BENEVIT, Will:i'11ot Oft NUI' r Olt Seavlel?S 1tLN1)t :IClil�, 1 *1 Oil CON'1'1NGL;N'T UPON THE FAVORABLE A14410VAL OF SUCH APPLIC'A'TION, 1'Ll'ITION Olt IIEQUES'i'. OWNE11t 311 " r)F LCSS THAT ("I'VE (5) PERCENT OF THE STOCK OF A C01t 13 L1 , rcl) ON '1'11C 1+LW YOU 011 AHERICAN STOCK EXCHANGE SHALL r.10t:ON&I- nU'T$S W [FOIL 't'If1; 1'Ulfl'OSES OF 'TILTS APPLICATION. - _,_. AIL � MTEI7CS'1' DATE; April 7 � , 2 009 , BUFFALO, ✓: ° ' (Signature of Pe'itioner) Marc A. Romanowski, Esq STATE tll p11 :W Y0It1t ) as agent for Kaleida Health and Buffalo Niagara COUNTY OF f :l ?IC ) Medical Campus, Inc. f', t'TY 0 111iFF AI.0 } 0II tills tJ.,y of April 2 009 , personally alVear•ed berore me { Nano: 1 Mari (Address)1Z Buffalo, NY 14202 ou r�;n .1,�za Sn Le � 400, Lire I,el.i ti•,r,er, LL) rnd known to he Lire same person described In and who signed and c:aeC Lice rovegoir,g (retltion arid wl duly acknowledged to rr,e Lhc3 ex0cuLlorr of Lire same 1 ' 01 ' Llirs laurpone Lhereirr.mentloned, LEA A. HERALD Notary Public, State of New York tlualifiecl in Erie County My rilmmiq rynirac hAarrh 9R %n ...a +vc. J'V411T2 �. WHEN COMPLETED, TAKE THEM TO ROOM #605 FOR vEP-L OF HOUSE NUMBER AND AN ADDRESS PERMIT. COST IS $I5.00 (AS PER ITEM #2) AND METES AND BOUNDS (AS PER ITEM #6). 3. TAKE THE PETITION FORMS TO THE OFFICE OF THE CITY PLANNING BOARD, ROOM 901, FOR EXAMINATION AND APPROVAL AS TO FORM, a• FILE FORMS IN THE OFFICE OF THE CITY CLERK, 1308 CITY HALL, WITH THE FILING FEE OF 5385.00. MAKE CHECK PAYABLE TO THE "CITY CLERX„ =`t F ( C -1 Zoning- Application Description) ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York being part of Lot No. 29, Township 11, Range 7 of the Holland Land Company's Survey bounded and described as follows: Beginning at the point of intersection of the center line of East North Street (as a street 66 feet wide) with the extension northerly of the center line of Maple Street (as a street 66 feet wide); Thence southerly and along said extension of and along the center line Maple Street, a distance of 528.2 feet to the intersection of the center line of Maple Street with a line drawn easterly at right angles to the westerly line of Maple Street from a point therein, a distance of 143.56 feet northerly from the intersection from the aforementioned line of Maple Street with the northerly line of High Street (as a street 66 feet wide); Thence westerly and along said right angle line, a distance of about 133 feet to division line between the present C -1 Zoning District and R -2 Zoning district; Thence northerly and along the present division line of said Districts, a distance of about 464.3 feet to a point in the southerly line of East North Street; Thence northerly on a line at right angles to East North Street, a distance of 33.00 feet to the center line thereof; Thence easterly and along the center line of East North Street, a distance of 206.52 feet to the point or place of beginning. Containing an Area of 68,6201 Sq. Ft, or 1.57 ± Acres, being the some more or less. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I » PROJEC INFORMATION (To be completed by Applicant or Proiect Sponsor 1, APPLICANT /SPONSOR 2. PROJECT NAME Kaledia Health Rezoning 1 PROJECT LOCATION: Municipality Buffalo County Erie 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 294 to 336 Maple Street. (F,astern side of the block bounded by Michigan Avenue, Fast North Street, Maple Street and High Streit) 5. PROPOSED ACTION IS: New 0 Expansion Modification /alteration 6, DESCRIBE PROJECT BRIEFLY: The parcels currently zoned R2 would be rezoned as Cl. The rest of the block is currently Cl. 7. AMOUNT OF LAND AFFECTED: Initially 1.09 acres Ultimately 1.09 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes No If No, describe briefly Action is a request for rezoning, 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Q Residential ❑ Industrial �✓ Commercial Fl Agriculture ❑ ParklForest]Open Space 0 Other Describe The immediately area is residential, institutional (hospital) and parking. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL_)? Yes -1 No if Yes, fist agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes No If Yes, list agency(s) name and permitlapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT /APPROVAL REQUIRE MODIFICATION? Yes 21 No I CERTIFY THAT THE INFORMATION PROVIDED A80VE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Mark Cohncrau Date: 4/ 22/09 Signature: . - -- -- If the actioW is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART 11 - IMPACT ASSFSSIVIENT To be com leted by Lead Auencv1 A DOES ACTION EXCEED ANY TYPE l THRESHOLD IN 6 NYCRR, PART 617 4? If yes. coordinate the review process and use the FULL EAF. Yes ❑ No 6 WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617 6? If No, a negative declaration may be superseded by another involved agency Yes ❑ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levefs, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly, C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly C3 Vegetation or fauna, fish, steel #fish or wildlife species. significant habitats, or threatened or endangered species? Explain briefly C4. A community's existing plans or goals as officially adopted. or a change in use or intensity of use of land or other natural resources? Explain briefly C5 Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly CS. Long term, short term, cumulative, or other effects not identified in C1 -05? Explain briefly, C7 Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. D_ WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? Yes ❑ No If Yes, explain briefly E. fS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? 0 Yes ❑ No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i e urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude It necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequatefy addressed. If question D of part 11 was checked yes, the determination of significance must evaluate the potent imp o f th proposed a c t i o n on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur Then proceed directly to the FUL EAF andfor prepare a positive declaration Check this box if you have determined, based on the information and anatysis above and any supporting documentation, that the proposed action WIL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination -'22'09 Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date itle of Responsible Officer Signature of Preparer (If different from responsible officer) Reset Regular Committees 6V CIVIL SERVICE (Bonnie E. Russell, Chairperson) City Clerk's Department BUFFALO May 1, 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. 45 PASSED April 28, 2004 Appt Crime Analyst (Perm)(Max)(Marciano)(Pol) Gerald A Chwalinski City Clerk a � fl Q } 4 "5' , f P Appt Crime Analyst (perm)(Max)(Marciano)(Pol) (ccpff 20,4114) That Communication 20 of April 14, 2009 be received and .Filed and that the Permanent Appointment of Kathleen Marciano, 458 Parkside Avenue, Buffalo, NY 14216 at the intermediate salary of $53,584.00 is .hereby approved. PASSED AYES -? NOES - 0 Recommended by the Committee on Civil Service_ A D 4 Y M AY 12[)l *AYE* NO * DAVIS * FONTANA * * * FRANCZYK GOLOMBEK KEARNS * �` LOCURTO RIVERA RUSSELL SMI TH * * * -- --- - -- [MAJ- 5] g * 0 [3/4 - 7] City Clerk's Department BUFFALO May 1, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 46 PASSED April 28, 2009 Appt Assistant Corp Counsel II (Penn)(Inter)(Cooper)(CC) Gerald A Chwalinski City Clerk Fo N 0004 A t Assistant Corporation Counsel II Perm Inter (Coo er CC pP p ( )( ) P }� ) {ccp# 21,4/14} That Communication 21 of April 14, 2009 be received and Filed and that the Permanent , Non Competitive Appointment of Cindy Cooper, 174 Richmond Avenue, Buffalo, NY 14222 at the intermediate salary of $50,21100 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service j �y I 1 2:009 V rc)--,j �. DAVIS * * * * _ * * FONTANA * * * * * * FRANCZYK * * _ * * * * GOLOMBEK * * * * _ * * KEARNS * * * [MAJ-5l * _ * * LOCURTO * * _ * RWERA * * RUSSELL * * * * * * SMITH * * * * - * * _---- ^ ' * * * [MAJ-5l - * � - * - � * - [2/3 - 6l - * - * - * []/4 - 7 l ®0047 1� Notices of Appointments Temp /Prov /Perm Cep# 36, 4114 That the above item be the same and hereby is Received and Filed ADOPTED �- Recommended by the Committee on Civil Service ;I FINANCE E �t (Michael P. Kearns, Chairman) 0110 Buffalo Water Board - Monthly Operations Report March 2009 Ccp# 37, 4114 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) 00049 M. LoCurto- Resubmit Req for Info Adoption Annual Action Plan 2009 -10 ( #43, 4/14) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development f/1 Q V 0 t% V M. Kearns -R. Speth- Conditions of Caz Park and Casino (ccp# 57, 44/14) Mr. LoCurto moved That the above mentioned item be and the same is hereby referred to the Special Committee on Parks Oversight ADOPTED Recommended by the Committee on Community Development 00051 Designate Central "Terminal as last Speed Rail Hub (Item No. 73, C.C.P., Mar. 17, 2009) That the Common Council requests support for the designation of the Central Terminal from Governor David Paterson and our state delegation, including Assemblywoman Crystal Peoples (who has designated funding to the Central Terminal), State Senator Antoine Thompson, Senator William Stachowski, and our entire Western New York Senate and Assembly delegation. Adopted. Recommended by the C At Community Development Chairman TAB:rmv T:Nwp60\jnswordi nnv\73c3- 17c.doc 000, 5' 2 R. Graber- Corres. Updated Proposal to Est. EC Planning Fad ( #26, 2/17) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development 00053 Results of Negotiations -- 851 Northampton (Item. No. 10, C.C.P., Mar. 17, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. n ove T t t e offer from Mrs. . eye ne Jumanah, resi at 855 Northampton, in the sum of a e th usand and one h ndred ollars ($1,100. ) fo the purcha o 851 No hamy ton, be and her y is acc pted; and That tI c transfer to , recording fees and c st of lega descrip on sha I be paid by the p rchaser; and That tf e Office f Strategic Pla ring e authorized o pre are the ne ssary do uments for the tra fer of title and t t e Mayor be an or' ed to execute ame, imaccordance ith t terms of sale upon which the offer was submitted. Passed. Recommended by the Committee on Community Development 9hairman j C/ TAI3:rmv T:1wp60\mswor&mv1106- 17c.duc r� Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development MOLTED 000 0 4 City of Buffalo Projects for which federal Funding will be I' r Requested from the Obama Administration (Item No. 57, C.C.P., Jan. 6, 2009) That the Common Council requests that Councilmernbers Franczyk, Fontana, Kearns, LoCurto, Rivera, Russell and Smith file the information as requested in the above mentioned resolution, with the City Clerk for presentation to the Common Council at its next scheduled meeting. Adopted Recommended by the C m rifts immunity Development Chairman TAB:rmv TAwp60lmswordVmv\57c 1 -bc. doe �• 1 LEGISLATION rI (Joseph Golombek Jr., Chairman) City Clerk's Department BUFFALO May 1, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 55 PASSED April 28, 2009 Food Store License 825 Broadway (Fill)(EDPI) Gerald A Chwalinski City Clerk 0005 3 Food Store License -- 825 Broadway (Item No. 23, C.C.Y., Apr. 14, 2009) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Mohamed Bilal located at 825 Broadway d/b /a Broadway Lucky Market. Passed �� M g I .j 2009' Recommended by the Committee on Legislation Chairman j TAB:rmv T- \wp60lmsword\rmv\23 e4- 14c.doc *AYE* NO * DAVIS * * * FONTANA * * * * * FRANCZYK * * * _ * * GOLOM * * ' * - * * KEARNS * _ * * * * LOCURTO * * _ RIVERA * * * * * RUSSELL -------- - - * * * ____--- - ----- * * * '-------- -- ' ------------- * * * - - - - [MAJ- 5| * � * � * - - - - [2/3 '61 * * * City Clerk's Department BUFFALO May 1, 2009 HON_ BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 56 PASSED April 28, 2009 Food Store License — 108 William (Ell)(EDPI) Gerald A Chwalinski City Clerk �c s*► r� r"`rn So b t� CJ7 W Food Store License — 108 William (Item No. 25, C.C.P., Apr. 14, 2009) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Hatem Hassan located at 108 William Street (Sunrise Market). Passed MAY 1 1 1009 R Recommended by the Committee on Legislation Hairman TA13:rmv T:\wp60\mswardVmvV5c4- 14c.doc *AYE* NO * DAVIS F'ONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RNERA RUSSELL SMITH >, * * * ------------- [MA J- 5] * g C 2/3 e 61 [3/4 - 7 ) 00€ t �50' Memorandum of Agreement Buffalo Municipal Housing Authority and Local 264 (Item No. 29, C.C.P., Apr. 14, 2009) That t Memoranda Agreement between the Suffala Muni Auth city a d L cal 264, prese ing BIue r, White C and an we1�1 a U�Sa ry Inc ase or Non -Rc cse ed Per onneo the nt ct x July 1, 4 through June 30, 2011; effective Marc 24, 09, be and hers and ratified. Passed Housing rial Units as Recommended by the Committee on Legislation Chairman TAB:miv TAwp60\msword\rmv\29c4 -14 c. doe 0 f, I E. � Mr. Golombek moved that the above item be recommitted to the Committee on Legislation 10' W City Clerk's Department BUFFALO May 1, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3.19 of the Charter, I present herewith the attached resolution item. No. 58 PASSED April 28, 2009 Notice of Intention Petition to Change the Name of Sweet Ave to Madinah Ave (hrg 4128)(CtyClk) Gerald A Chwalinski City Clerk C-) -, 0 0 0 5. Request to Change the Name of Sweet Avenue to Madinah Avenue' (Item No. 30, C.C.P., April 14, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That pursuant to Section 286 -3 of the City Code, after a public hearing on April 28, 2009 at 2:00 p.m. the Common Council hereby changes the name of Sweet Avenue to Madinah Avenue and directs that copies of this item, be forwarded to the County of Erie, the United States Postal Service, the City's official Map office and the Department of Public Works, Parks and Streets. Passed. liell ° l)[. 1 Recommended by the Committee on Legislation Chairman TAB:ry tawp6O\nswordl:nnv13 Oc4- 14e.doc I� *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO * �` RTVERA RUSSELL - _- __ - - -_ _.__...--- ..._.__ [________ _ _ _ __ [MAra 5] * g * 0 [2/3 m 6 [314 - 71 Q00 ��9 Erie Canal Harbor Devel Corp - Notice of Proposed Lead Agency Designation Proposed Buffalo Harbor Bridge (ccp# 41, 04/14) Mr. Goloinbek moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Legislation � I� i 00069 NYSDEC -- Update on Env investigation -Bflo China SiteBuffalo Harbor Bridge (ccp# 47, 04/14) Mr. Golornbek moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Legislation _ OAAU,(� City Clerk's Department BUFFALO May 1, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 61 PASSED April 28, 2009 N. Abraham, Agent, Use 210 Pouter -Erect .Masonry Addition for A Take Out Restaurant (hrg 417) Gerald A Chwalinski City Clerk N n3 N. Abraham, Petition to use 210 Porter — Erect Masonry Addition for Take -out Restaurant (Item No. 54, C.C.P., Mar. 31, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on April 7, 2009, the petition of N. Abraham, agent, for permission to erect a 14' 6" x 10' 3" masonry addition to a one -story masonry convenience store /gas station at 210 Porter be, and hereby is approved. Passed. T > X n Recommended by the Committee on Legislation Chairrhan TAB.rmv t:Irvp6Mmswordl:rmv154 c3 -3 le.doc 0 I Conditions for 210 Porter Avenue 1. Hire landscape services. 2. Repair /replace flower bed on Columbus Pkwy. Side of bldg. 3. Maintain /clean up front of business regularly. 4. Meet with neighbors. 5. Repair /replace gate in front of dumpster. 6. Work on 1 -5 must be completed before construction of addition begins. 7. Replace old gas pumps & islands. 8. Exhaust to kitchen should be located on east side of bldg. 9. Work on 7 & 8 to completion at time of construction. 'SAYE* NO * DAVIS FONTANA FRANCZYK GOLOMSEK KEARNS LOCURTO RIVERA RUSSELL C ------- -- - - -- � [ MAJ - 5 ] 9 * '� [2/3 m 6] * # [ 3/4 _ 7 City Clerk's Department BUFFALO May 1., 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. 62 PASSED April 28, 2009 R. Banks, Owner, Use 1256 Hertel, Reestablish Restaurant in the Hertel Ave. Special Dist (Del)(na pub hrg) Gerald A Chwalinski City Clerk m r�a 00( R. Banks, Petition to Use 1256 Hertel --- Reestablish Restaurant in the Hertel Avenue Special District (Item No. 57, C.0 -P., Mar. 31, 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 R. Banks, owner, for permission to reestablish 1256 Hertel Avenue as a restaurant in the Hertel Avenue Special District be, and hereby is approved. Passed. ._ n MAY 1 '109 Recommended by the Committee on Legislation ' XO c airman TAB:rmv t:Iwp60\msword\:miv\57c3 -31 c. doc \ /. DAVIS * * - * * * * FONTANA * * * * * * FRANCZYK * * _ * * * * GOLOMBEK * * _ * * * * KEARNS * * _ * * * * LOCURTO * * _ * RIVERA * * * * * * RUSSELL * * * * * * * * * [------'--- * * * ^ ' - - - [D�A�^ 5l * � * � * - ' _ _ _ |2/3 - 6| * * * [3/4 - 7l City Clerk's Department BUFFALO May 1, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR_ Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 63 PASSED April 28, 2409 Second hand Dealer — 1195 Hertel Ave (Del)(EDPI) Gerald A Chwalinski City Clerk F0 c-n 000G3 Second Hand Dealer — 1495 Hertel Avenue fi v (Item No. 32, C.C.P., Mar. 31, 2009) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer License to Daryl Taberski located at 1495 Hertel Avenue d /b /a Atlas Arts and Antiques. Passed. t M 1 A Y N }� M/, Recommended by the Committee on Legislation � ," Chairman TAB: rmv tlwp6MmssvordlrmvWc3 -3 [ c.doc 1 ' 1 1 *AYE* NO * DAVIS * 9 0 FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * T RIVERA RUSSELL SMITH [------- - - -a- -� [MAJ- 5] [2/3 e 6] [3/4 - 7] * 9 0 City Clerk's Department BUFFALO May 1, 2009 HON. BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 64 PASSED April 28, 2009 Brother Michael Oberst, Agent, Use 807 Clinton for a HSF (Fill)(no pub b.rg)( #52, 3117) Gerald A Chwalinski City Clerk t-n ro, 000G4 Brother Michael Oberst, Use 807 Clinton Street for a Human Services Facility (Item No_ 52, C.C.P., Mar. 17, 2009) (Item No. 84, C.C.P., Mar, 31, 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 Brother Michael Oberst, agent, for permission to use 807 Clinton Street for a. Halfway House pursuant to City Code Section 511 -94 be, and hereby is approved, upon the following conditions: Passed. 1. Surveillance cameras be placed at the exits of the facility. 2. On -site security be provided anytime that the "Blessed Mother House" provides CEPHAS with 24 hour notice that it will be holding an event. 3. A community advisory board is established of residents to advance any concerns that may arise. 4. The approval is limited to CEPHAS and its potential merging partner, "Hope of Buffalo" (Bisonette House) and is not transferrable to any successor organization. 5. The Halfway House shall not house any one who is known to have a history of any sex offenses. .-* 0 r`�` yy4i S to F �; f. 6 1:AA :Recommended by the Committee on Legislation TAB:rmv t:%wp60\ii , iwor&t mi ]7o.iloc �l. 'SAYE* NO DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [-------- - - - - -] [MA]- 51 * 9 * U [2/3 - 6] [3/4 - 7] Q0 .0G5 Restaurant Dancing Class III —110 Pearl (Item No. 24, C.C.P., Mar. 3, 2009) (Item No. 94, C.C.P., Mar, 31, 2009) That the above item, be, and the same hereby is returned to the Common Council without recommendation. Mr. Gotombek moved: That p scant to Chapter 150 of the Ci Codethe Commisssio er of Economic Development, ermit an ns ections Servi s be, and he hyis authorized to grant a Restaurant Dan ing Cla s III Lica e to an Donaher d /b /a Sig Orbit's Sound Lab located at 110 P rl St eet. _Passe Recommended by the Committee on Legislation n- U Chairman T :rmv tlwpWmswordVmv124 0-3 c. doe I Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ` - City Clerk's Department BUFFALO May 1, 2009 HON. BYOWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, 1 present herewith the attached resolution item. No. 66 PASSED April 28, 2009 J. Daly, Owner, Use 1854 Hertel for an Outdoor Patio (Univ)(no pub brg) Gerald A Chwalinski City Clerk a� G J. Daly, Use 1854 Hertel for an Outdoor Cafe (Item No. 53, C.C.P., Mar. 17, 2009) That the petition of J. Daly, owner, for permission to use 1854 Hertel Avenue to erect 2 outdoor cafe/patios (12' x 16' in front of "1856 ") (13' x 20' in front of "1862", Parker side) and replace existing western most "1854" all to match with decorative wrought iron railings be, and hereby is approved. Passed. h `. ' M AY Recommended by the Committee on Legislation � . 7 IJ Chairman TAB.rmv t_1wp60\nisNvordl: nnv\53c3- 17c.doc I" 911� i *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL }-- ------ - - - --� [ MAJ- 5] * 9 * 0 [2/3 - 6 ] [ 3/4 - 7 ] 0000 J. Stewert, Use 1358 Kensington for a HSF (Univ)(No Pub Hrg) J ' (cep# 35, 02117) Mr. Golornbek moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Legislation will 000 's r� D. Smith - American Water Services-Letter Re Water Service Leak (cop# 55 Mr. Golombek moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Legislation City Clerk's Department BUFFALO May 1, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO j W Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 69 PASSED April 28, 2009 Lodging House License 194 Chadduck ( Re- submitted)(North)(EDPI)(817, 10114) Gerald A Chwalinski City Clerk I —rn -� •r 0006 Lodging House License — 194 Chadduck f (Item No. 17, C.C.P., Oct. 14, 2008) (Item No. 58, C.C.P., Oct. 28, 2008) That pursuant to Chapter 269 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and be hereby is authorized to grant a Lodging House License to Wane Barnes d /b /a Lexy WNY LLC located at 194 Chadduck. Passed #� # j r " jilt Recommended by the Committee on Legislation Chairi�ian TAB:rmv 'F:hvp641mswordVm v\5 8c 1 0- 28c.doc *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS * '� LOCURTO .... ................ . RIVERA * '� RUSSELL S "1 Y,e [-------- - - - - -I [ MAJ - 5 [2 /3 e G] [3/4 - 7] * 9 * 0 * 00079 Sweet Avenue, Proposed Name Change to Madinah Avenue e�` "��� (Item No. 41, C.C.P., Mar. 4, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Legislation hairman TAB:rmv tAwp60lmsword\:nnvAI8 4c.doe )-. 2 0-907t Sweet Avenue, Proposed Name Change Sweet Avenue to Madinah Avenue (USPS) (Item No. 35, C.C.P., Mar. 18, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Go] ombek moved: That the above - mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Legislation Chai.rma TAB:rmv cNwp60\msword\: rmv\3 56 - 18e.doc 000 �i I. Memon --- Req. Name Change Sweet Avenue to Madinah Avenue (Item. No. 47, C.C.P., Feb. 19, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above- mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Legislation C irman TAB:rmv 1 Awp60\msword\: rrnvWc2 -19c. doe U _� Special Committees j PUBLIC TRANSPORTATION (MICHAEL P. KEARNS) M. Kearns -J. Driscoll -Info Re Transportation (ccp# 41, 3/3 1) Mr. Kearns moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED -r Recommended by the Committee on Public Transportation''` JCA M. Kearns -M. Razmus- Concerns -NFTA Abbott Road Bus Concerns(443, 3/31) Cep# 63, 4/14 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Special Committee on Public Transportation j C RESOLUTIONS April 28, 2009 s � RESOi,UTION Sponsor: Michael P. Kearns 12e: ESTABLI.SHINCE A "CITY- CORPS" PAR'T'NERSHIP BETWEEN 'I "I1E CITY OF BUFFALO AND WESTERN NEW YORK AMERICORPS VISTA WHEREAS, On Tuesday, April 21, 2009 President Barack Obama signed into law a $5.7 billion national service bill that will triple the size of the AmeriCorps national service program over the next eight years; and WHEREAS, The aforementioned legislation supports current initiatives to promote volunteerism, to instill pride in community, and to "connect needs to deeds "; and WHEREAS, Since its inception more than a decade ago, the Western New York chapter of AmeriCorps ("WNY A( - "') has sponsored, among other programs, a Volunteer i.n Service to America ( "VISTA ") .national service program that is dedicated to fighting poverty, empowering citizens and effecting change in the City of Buffalo as well as elsewhere in Western New York; and WHEREAS, II'hc impact of WNY AC VIS'T'A resonates throughout our communities, and it is particularly felt during the events organized for the Martin Luther King, Jr. Day of Service, Earth Week, and AmeriCorps Week, all of which involve large -scale projects that bring diverse groups of community members together to participate in rehabilitations, clean -ups and other tforms of direct service; and WHEREAS, Each WNY AC VISTA member commits to a one -year term of service, the purpose of which is to build the capacity of, and implement strategies for the sustainability of, agencies providing resources to our low - income communities; and WHEREAS, Such VISTA members are supported by a cost -share program whereby each host site provides one -half of the total member support, and that amount is then matched on a one -to -one basis by WNY AC; and W H E REAS, The current cost per VISTA member of the above arrangement to a given host site is $5,000, though recent legislation may reduce said cost to as low as $ 1,000 per member; and WHEREAS, WNY AC VIS" "A is seeking to expand its role in the City of Buffalo, to assist City of Buffalo public officials in providing urgent needs to members of our neighborhoods, and to dedicate its resources to improving the quality of life in Greater Buffalo; and WHEREAS, The ability of the City of Brrffalo to act as a VISTA "host - site" will allow representatives of all eleven Good Neighbor Planning Alliances ( "GNPAs ") to team with a nationally recognized . poverty fighting organization in targeting district - specific needs; and WHEREAS, New York State will be releasing to WNY AL VIS'TA the applications needed to establish new partnerships in the coming weeks; said applications must be completed and submitted to WNY AC V1S "lA by mid - .tune; and j�'�._ j �r , WHEREAS, All eleven GNPA's will have the opportunity to complete the application, thereby requesting that a VISTA nnember is made available to enhance the quality and quantity of resources that are provided to the low - income communities in each respective district; and NOW THEREFORE BE IT RESOLVED, That each member of the Common Council work with the GNPA(s) in their respective districts to complete a New York State AmeriCorps application, by a soon- to -be- released deadline:, with the purpose of creating a partnership between Western New York AmeriCorps VIS"[A and the City of Buffalo, to be known as "CityCorps "; and BE IT FURTHER RESOLVED, That a request be forwarded to Commissioner Steven Stepmak of the Department of .Public Works to identify unused office space in City Hall for Western. New York AmeriCorps VISTA to house CityCorps administrative staff members. _Michael P. Kearns �- South District Council Member Micha�_ J. Lc�Curtc►___ Delaware District Council Member Richardl . Fontana __.. Lovejoy District Council Member David A. Rivera Niagara District Council Mernber / li DavidA. Franczyk F illmorc District Council Member QWA s ply Golombek, .I . North District Council Mein elf ADOPT 1st and 2nd RESOLVE, REMAINDER TO THE COMMITTEE ON FINANEE City Clerk's Department BUFFALO May 1., 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 76 PASSED April 28, 2009 Disch Leg -CCP #22, 4114109 — Food Store License 2594 Bailey Gerald A Chwalinski City Clerk �... � t fit•? R5 + 0007fj d RESOLUTION By: Mr. Fontana Re: Discharge Legislation Committee "Food Stare License-2594 Bailey (Lov) (EllP1)" (No 22, C.C.P. April 1.4, 2009) Whereas: The above item. is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee. Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Legislation Committee fi further consideration of Item # 22, C.C.P. April 14, 2009, ".Food Store .License -2594 Bailey (Lov) (EDP1)" and said item is now before the Common Council for its consideration. Richard A. Fontana Lovejoy District Council Member !0c1 Q C: vl�C v GC: 1 -y RA G - r t �f *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [MAJ- 5] 9 * 0 [ 2/3 W 6 - - -- [3 /4 - 7] 000 "17 RESOLUTION By: Mr. Golombek Re: Reduce Common Council Terms from 4 years to 2 years Whereas: In 1999 the City Charter was changed and Common Council terms were lengthened from two years to four years, beginning with the elections of 2003; and Whereas: Longer Council terms were justified on the basis of allowing lawmakers to shift time from campaigning to governing, so that Council Members would be able to concentrate on long term projects and not the politics of running for re- election every other year; and Whereas: It can be argued that the City of Buffalo has not experienced any improvement with four year terms, as politics as usual continue in the Common Council; and Whereas: The ability of the voters to replace ineffective members is hampered by four year teams; and Whereas: Many residents are now saying that a four year Council term is just too long; and Whereas: Some even maintain that longer terms have led to less accountability by politicians who don't have to fear another election for four years; and Whereas: Two year terms encourage more candidates to be engaged and run for office. It brings fresh ideas and fresh enthusiasm to local races. Shorter terms are more democratic and give the citizens a more responsive representation. Ineffective elected officials can be voted out of office more quickly; and Whereas: Two year terms may mare Council Members more sensitive and responsive to the public and their concerns as they would need be voted into office on a more regular basis; Now, 'Therefore be it Resolved: That this item be sent to the Legislation Committee for further discussion; and Be it I { urther Resolved: That the Common Council of the City of Buffalo supports reducing the term of Council Members from four years to two years beginning; with the election of 2011; and Be it finally Resolved: That the Common Council directs the Corporation Counsel to draft referendum language reducing the term of Council Members from four years to two years so that the public can vote on this item in the November 2009 election. JOSCPIVGolombek, Jr. , t Ci l 1,47 (),A *AYE* NO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA * *� RUSSELL ..__. _ ___w._� [213 e 61 * '� [3/4 - 71 y- 00 0 RESOLUTION By: Mr. Kearns RE: Grant Permission to Sorrento Lactalis Commercial, Inc. to Hang Banner oil South Park Avenue Whereas: Sorrento Lactalis Comnicrcial, Inc,, 2376 South Park Avenue, requests permission to hang a banner across South Park Avenue in support of Gilda's Club's Celebration of Life Luncheon; and Whereas: The banner will hang from April 29, 2009 to May 25, 2009; and Whereas: Sorrento Lactalis Commercial, Inc. is contin € €ing to sponsor the WNY chapter of Gilda's Club and the bander will help promote Sorrento's on -going sponsor relationship with Gilda's Club WNY; 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 Gilda's Chub WNY and their Celebration of Life Lu ncheon; 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 April 29, 2009 to May 25, 2009; acid Be It .Finally Resolved: That said banner must meet all requirements of pertinent city departments and that no existing laws are violated. A DOPTED , MICI -IAPL P. KEARNS A Oi �AIAI BY: DEMONE A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Thomas Lillis TOTAL ADOPTED i �� BY: DEMONE A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Gloria Nobile TOTAL 1 ADOPTED 00081 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 1P floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Tuesday, May 5, 2009 at 9:45 o'clock A.M. Tuesday, May 5, 2009 at 10:00 o'clock A.M. Tuesday, May 5, 2009 at 1:00 o'clock F.M. Tuesday, May 5, 2009 at 2:00 o'clock P.M. �i (Public Disclaimer All meetings are subject to change and cancellation by the res e ctive Chairmen of Council Committees. In the event that there is sufficient time aive for notification it will be provided. In addition, there may b meetin s set a whereb th City CIerk's Office is not made aware, there fore unless we receive notice from the respective Chairmen, we can only__mae notification of what we are made aware. 00082 No. d'�` -- Adjournment On a motion by Mr. Fontana, Seconded. by Mr. Kearns, the Council adjourned at 3 GERALD CHWALINSKI CITY CLERK April. 28, 2009 Board of Police and Fire Pension Proceedings #3 Office of the Mayor -201 City Hall April 16, 2009 Present: David Rodriguez, Corporation Counsel Hon. H. McCarthy Gipson, Commissioner of Police Darryl McPherson, City Auditor The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of April 2009 amounting to $3,740.00, and request that check be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of April 2009 amounting to $3,760.00, and request that check be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -. Noes -0. Received and Filed No. 3 On motion by Mr. McPherson the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:05 a.m.