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09-0414
CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, April l4, 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 MT, Kearr4 the minutes of the stated meeting held on March 31, 2009 were approved. *AYE* NO * [ ------------- [MAJ- 5] [2l3 - 5] [314- 7] DAVIS * * * FONTANA * * * FRANCZYK * * * GOLOMBEK KEARNS LOCURTO * * * RIVERA RUSSELL * SMITH * * * * * * * * * * 9 * 0 * * * April 14, 2009 FROM THE MAYOR April 14, 2009 00001 SINGIF PAGE, COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: April 2, 2009 FROM: DEPARTMENT. 03 -0 Mayor SUBJECT: [:Appointment - Buffalo Arts Commission C� PRIOR COUNCIL REFERENCE: (1F ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx Pursuant to Chapter 6, Article V, Section 6 -26 of the Buffalo Code, I hereby appoint Thomas J. Mazzone, 88 Goethe Street, Buffalo, New York, 14206 to serve as a member of the Buffalo Arts Commission. Mr. Mazzone shall serve at the pleasure of the Mayor during his term in office. By charter term shall be concurrent with term of appointing authority. Mr. Mazzone has over 10 years of business and sales management experience including his experience as an entrepreneur and businessman in the community. He is an active member of the Federation of Italian- American Societies of Western New York and the Good Government Club of Western New York. I hereby certify that Thomas J. Mazzone is fully qualified to serve on the Buffalo Arks Commission. SIGNATURE (� DEPARTMENT HEAD TITLE: n B RECE IVED AND ft_ i 1 00002 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: March 31, 2009 FROM: DEPARTMENT: 03 -0 Mayor SUBJECT: [:Appointment - Emergency Medical Services Board PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xxlxxlxx Pursuant to Article XIX of Chapter XXV, Section 72 -6, of the Code of the City of Buffalo, I hereby appoint Deputy Fire Commissioner Garnell W. Whitfield, Jr., 581 Grider Street, Buffalo, New York, 14215 to serve as Chairman of the Emergency Medical Services Board for a 3 -year term commencing immediately and expiring February 29, 2012. hereby appoint Douglas Ruffin, 703 West Ferry, Buffalo, New York, 14222 to serve as a member of the Emergency Medical Services Board for a 3 -year term commencing immediately and expiring February 29, 2012. Mr. Ruffin serves as Director of Senior Services in the Department of Community Services and Recreational Programming. I hereby certify that the above named individuals are fully qualified to serve on the Emergency Medical Services Board. SIGNATURE 6�' DEPARTMENT HEAD TITLE: ryn Bro n, ayor RECEIVED AND FI L ED k (f FROM THE MAYOR - EXECUTIVE DEPARTMENT April 14, 2009 t [ FROM THE OFFICE OF CITIZEN SERVICES 00003 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 8, 2009 FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Submission of Monthly Report- March 2009 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of March 2009, as mandated by Section 8- 20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED Department Head Name: Title: Signature of Department H, City of Buffalo Citizen Services 218 City Hall Calls Between 31912009 and 313112009 Administrative Adjudication ... .......... Anti- Graffiti Program Assessment Issue 3 BFD Fire Issue 3 BMHA Board of Education 5 BPD Employee Issue 10 '.Buffalo Police Department 185 .City Parks 19 CityClerk Dog License 17 CommSvs CommunityBased Organizations 2 .CommSvs Disabled Parking Permit .CommSvs Youth Bureau EDPIS 929 EDPIS Rental Registration 2 Graffiti EDPIS 3 HR Civil Service Issue 2 HR Comp and Benefits Illegal Dumping OSP RealEstate ..Illegal Dumping PW Street 8 . Inrem Real Estate 75 `Law Claims 49 NationalGrid Streetlights 267 Olmsted Parks 3 .OSP Business Assistance 4 OSP Housing Loans [ .. .. .. Pest 91 PVB Abandoned Vehicle PVB Parking Issue 60 PW Adj Violations 2 $_ PW Animals 59 PW Bridge Issue 5 PW Buildings Maintenance 4 PW Bulk Trash 10 PW Cave In 20 PW Christmas Tree PW City Forester 52 City of Buffalo Citizen Services 218 City Hall PW Curbs PW Damaged Street Light Pole 12 PW Excess Trash 3 PW Forestry SubContractor 102 PW Fridge _ 7 PW Garbage Missed Pickup 183 PW Leaves 1 Lawn Debris 7 PW Other Hole in Road 14 PW Pavement Markings Lane Lines 2 PW Pavin g 35 PW Pot Hole 404 PW Recycling Bin Delivery 20 PW Recycling Missed Pickup 95 PW Recycling Personnel Issue 15 ;PW Right of Way Issue � v 3 PW Rodents 68 :PW Sanitation Personnel 13 PW Sidewalks 70 PW Sign Hazards 22 `PW Sign Maintenance 47 PW Signal Other Issue 21 PW Signal Timing Issue City 8 PW Street Plowing 4 PW Streets Personnel 12 PW Sweeper 40 PW Totes 1282 PW Totes Audit 24 PW User Fee 5 PW Vacant Lot 19 ..Quick Response Teams 55 Recycling Bin Pickup 32 Save Our Streets 3 Sewer 55 Taxation Issue .Telecommunications 5 .Weed and Seed Water _ 44 Calls Between 31112009 and 313112009 3 � ;i FROM THE CITY PLANNING BOARD April 14, 2009 00004 C ITY OF BUFFALO CITY PLANNING BOARD 901 CITY HALL BUF"F"ALO. NEW YORK 14202 BYRON W. BROWN MAYOR April 2, 2009 Mr. Michael D. Riegel Vice President of Finance and Administration Belmont Shelter Corporation 1195 Main Street Buffalo New York 14209 -2196 Re: East Side Housing Opportunities Phase 11 see attached list Dear Mr. Riegel: The City of Buffalo Planning Board, at a meeting held on Tuesday, March 24, 2009, considered the matter captioned above pursuant to Section 511 -137 of the Buffalo Code -City Wide Site Plan Review. The Planning Board has determined that the design and site plan meets the criteria for site plan approval contained in section 511 -145 and 511 -146 of the Buffalo Code. A New York State Environmental Quality Review Negative Declaration has been prepared and approved by the City of Buffalo Urban Renewal Agency acting as Lead Agency. The City of Buffalo Planning Board voted to approve as presented the site plan, design and elevations dated February 24, 2009 for the construction of 50 units of single family homes „. addressed on the attached list,all located in Buffalo New York. This approval is valid until March 24, 2010. This letter is not a building permit. It is the responsibility of the owner to see that all required permits are issued prior to the commencement of the actual work. If you should have any further questions regarding the above, please feel free to contact me anytime at (716) 851 -5086. Sincerely, William Grillo Principal Planner WPG:MG c.c. Gerald Chwalinski David Krug, Permit Office Building Code Review Planning Board File RECEIVED AND FILE D is eV��'��'SM1II k � •. ° °w' �Q.I Si • t j1 {rn � [� t' , J NORTHAMPTON STREET 'a NO MB I D R S�IRL,B E F =_RE's \1 A� 4h �G TREE FLA' ?TNG t , -2 -T'i :rwi, , ti aw. c •mo.M ti : d... N .! .. . t Peggy .4. 11,— n h d cape. ashttec tai NRP g , r. .. �tx.mmezaa. Ras: 5cc. Fnvs.ng PLAti I A AN .i:.ta.-,cc &OC �b2 -7452 —; � .. 22 Peggy .4. 11,— n h d cape. ashttec tai NRP g , r. .. �tx.mmezaa. Ras: 5cc. Fnvs.ng PLAti I A AN SE111ER CCNNEC T fG N LEGEN FRONT 2z FEE- +30.60 EXiST`'>r- G -RAD?= 1 PAVEMENT RE'STOr'ZA"i.^.N� E GONNEOTION 175 L4;A ER SERVICE MEET 3T EXISTING -, NORTHAMPTON T ET PVN'? EDGE - }� 200 CON - N C'IDiN GRADING � l I'1'4'!•' G GRADE LOTS TO DRAT , IN A SLIP. 4 T SWALE FRO HE REAF2 OF THE LOT 1 D r`. FRONT WALK AND TO TH E ClJRB 2O ?' DIAL K5 ARE TC SLOPE AT 2. 70LUARDS THE STREET v cOh EX.57 ING- TO DRIVE C DR'VES ARE FLAT fi T THE GRAIDES eLIC'u,N IN T� TRANS D fRECT'DN O RESTORE PAVEMENTS W €? H 1',AT RIAL5 AND DEPTI -S ACr'ORD NG TO THE EXISTING SECT ?ON Or H- PAVE? `Eh1T I 39.85 n � I 7 . /F F :! N. FL. 0 ,4: a EMT EX STN6 PERK tTER G+RADr^rrJ__ g �- - P.R'OF � c.INE SETBACK LINE ( a' a I SETBAr- K5 LEGEN FRONT 2z FEE- +30.60 EXiST`'>r- G -RAD?= 51DE ,2 F =E' ...� T"!EET pROPOSED GRADE REAR 3O FEET 175 L4;A ER SERVICE 55 EE {i,ER 5ERVICE 01 4'-0' O � CONC. J U.ALK -s g �- - P.R'OF � c.INE SETBACK LINE ( a' a I SETBAr- K5 LEGEN FRONT 2z FEE- +30.60 EXiST`'>r- G -RAD?= 51DE ,2 F =E' 0.0 pROPOSED GRADE REAR 3O FEET 175 L4;A ER SERVICE 55 EE {i,ER 5ERVICE FD FN'DN DRAIN c GAS r' WATER SERVICE NOTE&; TH1Z CONTRACTOR $WA - NOT}FY T>-IE CfTY OF E! rFA_O {JA =R r �PAR .ENT AT 1_5457 40 HOL;RS FRIOR TO ANT' REMOVA, OR COO NN EGTION' CF :.,ATER SERVICES IIATNIN THE 57REET RiGt: - 0� -'.UAY OR EASEMENT OF RECORD. 2. THEE ARE OLD, ASANDONED WL-7ER SERVICES THAT SERVE THE 51 TE, THE CONTRACTOR 15 TO LOCATE THE5E 5ERVICE,5 AND R=MOVE TN_ E AC-K TO THE ¢JA7ER T7AN CONNECT IOX AND P.UG- 7+� CON'vEG O`t THE V' ^ CITY °U=FAJO WATER DE.F'ART"EY' WILL A'w - ST 1N71-IF ?LOCATION OF TtiE'SE SERVICES AND CsIVE °LFc H R ^iR A FOR 7HE REMOVAL OF THE LINES - 3. CCN RACT OR SHALL SUPPLY ALL ""ATEB,ALS FOR - 4E NEW WATER "'AN CONNECTION, EXCAVATE AND EXP05E T+'E MAX GLEAN AND PREPARE THE CONNECT[ON SITE. THE ACTUAL TAP INTO THE MAIN &4ALL 3EE PONE BY POv E5 OF THE CITY OF _J=ALO LATER DEI =ARTM NT. 6AN17 4 RY SEU S�t EGE TNI i � S, wH C�'NTRA TOR SSA NOT.FT' 74E CITE' 0 T'' ALO SFJJER A -IORIT AT L AST AH . OURS FR'OR TO ANY R_- OR CONK - jN OF SEWER v RV .F ` A7ERALS Ti-1N TI-.E STREE? RICH -Or -ILA r OR E455 _ NT Or" RECORD. c.. 7I -ER= 4f OLD, A.SANDONED 8EL',ER SERVICE LATERALS TtiAT SERVE ?'HE SITE. THE CONTRACTOR 15 TO:.:.CCATE THESE SERV,CE LA ERALS AND REh"av , -IE!'I :SACK TO - h`AI1 CCNNEC?jaN AND PLllG TH= CO'NNI C' ON. THE CI-lr Or 0J = =A-O 5FJJ LVLL A55'6T N THE LOCAT ON OF H 5= LATERALS AND C.IVE =UR -ER D RECTkCN =OR THE RE"1aVAL AND FLJi - -G-iNG OF '44E5E LINES. O THER UTILITY SERVICE NOTE5- I. THE CONTRACTOR 5H1�LL NOTSFY 7HE APPROPRIATE U71L7Y PROMO =R FCR ELECTRIC, 645, PI- IOIvFE AND CA�3LE AN. ARRANC-E FOR S=.RVCE. GRAPHIC SCALE 20 .. no �o ao ac (]N FEET) 1 inch = 20 1L. FJ C � _ zz ■w MEI E Z Y a o fl cn I— z a ° LLI ��[¢ J '? G O F � V s IlN L_L msslo c 100 ' i 1 r Ti N f 1 0 r �c C»- - w _ .r U11'_M F^ RSF FLOOR PLA h� II I I L_ Y Y�. 7 fj/ I �s c „ o ROL ARCHITECTS 5 ,•. rocxrsn� —I— h� I Ti N f 1 0 r �c C»- - w _ .r U11'_M F^ RSF FLOOR PLA h� II I I L_ Y Y�. 7 fj/ I �s c „ o ROL ARCHITECTS E4STMEHOUSN3 '" " "' fSPPORT�1N :TleS ' P'nASE Y M4np NRP wem; <fSf h . �'SYIy X E SCYi'E �. :Ef r s Y ' B U'viT FAST 3 SECOND FLOOR PLANS r�i mr. k RDL ARCHITECTS ECTS 5•a�o %1:y 21 . M I n1 e:r.xw,rt�i.ex'pwe rn ,v 2'6.)52LiCi ..gin:!A,c -.,. e.uycw EA3T81DwHOU5:NG 1. __..._......,.._.. - -.. "� :.w �.,w....�:.�� PHASEfi n., 0.10. vY NRP ds,. . �Y� i� ray S +'�` a' f ��r t k,.. . za 4i ,' -... ... . . 1 / /� y I I T77 - 7 a„ ISSUE [F.iF.i Lii TFRh Ci' i i UNIT E 1N 5AS5, FOU0ATIO:,'PLA� -„ z ..JN _ - 40CF ..:: _ / e a1¢coF ?LANs A3.O1 L I .......... ------ VN V, REA R %IA7',OM CP710% 5 ---------------------- -- -- ------------------------------- �LNITW LEFT ELEVATION -CP7iON, 5 y .7 'G MASTEX AVENUE I 75' inner_ �p�; 2a � W ,rsa' x ;aa ° x =cas— CHESTER STREET _. 60' x Ica', PURDY STREET y a 2 n M _ 13 � I c2 L.,_,_...._.._.._, E +7 ADF[ PlJl CF.' oN r- �Ff.:S� x s 2 x ti ALEXANDER PLACE 55.5' x .:i' ag 5' x I n JEFPERSON AVENUE S= +.E SCALE.1 SHEET 1 OF 5 i . a b a LEGEND CITY OWNED PROPERTY CITY OWNED 3 WITO aTli'.EC'6"t9;;c BU"ARLE LOT PROJECT: EAST SIDE !HOUSING OPPORTUNITIES PHASE 2 DEVELOPIERr NRP GROUP CITY OF BUFFALO COUNTY OF ERIE, STATE OF NEW YORK NOVEMBER 10, 2008 ;' FOIT- ALBERT ASSOCIATES 'wr 703 YAM SUM 9Atf* A.0 York 14295 Clw.r,�3EW�.wai, -oE «.0 LOT MODEL ADDRESS Lot at K 50 ADA PLACE Lot a2 Y 110 CHESTER STREET Lot a3 M 120 CHESTER STREET Lot *4 K 129 CHESTER STREET Lat 05 M 135. CHESTER STREET Lot we M 166 CHESTER STREET Lot a7 8 221 CHESTER STREET Lot *21 B 487 MASTEN STREET Lot x25 M 52 NORTHLAND AVENUE Lot =26 K 5B NORTHLAND AVENUE Lot *35 a 126 WAVERLY STREET Lot a36 B 183 WAVERLY STREET Lot *37 B 83 ALEXANDER PLACE Lot ■38 K 87 ALEXANDER PLACE 75' inner_ �p�; 2a � W ,rsa' x ;aa ° x =cas— CHESTER STREET _. 60' x Ica', PURDY STREET y a 2 n M _ 13 � I c2 L.,_,_...._.._.._, E +7 ADF[ PlJl CF.' oN r- �Ff.:S� x s 2 x ti ALEXANDER PLACE 55.5' x .:i' ag 5' x I n JEFPERSON AVENUE S= +.E SCALE.1 SHEET 1 OF 5 i . a b a LEGEND CITY OWNED PROPERTY CITY OWNED 3 WITO aTli'.EC'6"t9;;c BU"ARLE LOT PROJECT: EAST SIDE !HOUSING OPPORTUNITIES PHASE 2 DEVELOPIERr NRP GROUP CITY OF BUFFALO COUNTY OF ERIE, STATE OF NEW YORK NOVEMBER 10, 2008 ;' FOIT- ALBERT ASSOCIATES 'wr 703 YAM SUM 9Atf* A.0 York 14295 Clw.r,�3EW�.wai, -oE «.0 t7 y z y ' E 82 s x Ego' 2d 60' x :2C' i x lni;,5' #26 03 , a5' x 12V #34 .3' X 12 HOLL,4ND PLACESO, x z 7 ti q b C � y b a U] r � r a s7 MICHICAN AVENUE 50,5• x ;25' LEGEND CITY OWNED PROPERTY CITY OWNED PROPERTY WIT BUILDABLE LOT a y y ^z ti b k65 � so' x lacy 120' LOT # MODEL _A - DRESS Lot 027 LOT a MODEL ADDRESS Y Lot 08 Y 89 DODGE STREET 24 SOUTHAMPTON ST Lot x9 Y 21 EDNA PLACE Lot s31 Lot 010 M 37 EDNA PLACE M Lot 017 0 40 HOLLAND PLACE 33 SOUTHAMPTON ST Lot ■18 a 44 HOLLAND PLACE Lot 444" tmvm�B MR Lot •48 K Lot 023 COMM➢UN. 1141 MICHIGAN AVENUE ✓ Lot 024 K 1273 MICHIGAN AVENUE t7 y z y ' E 82 s x Ego' 2d 60' x :2C' i x lni;,5' #26 03 , a5' x 12V #34 .3' X 12 HOLL,4ND PLACESO, x z 7 ti q b C � y b a U] r � r a s7 MICHICAN AVENUE 50,5• x ;25' LEGEND CITY OWNED PROPERTY CITY OWNED PROPERTY WIT BUILDABLE LOT a y y ^z ti b k65 � so' x lacy 120' LOT # MODEL _A - DRESS Lot 027 H 16 SOUTHAMPTON ST Lot Y 20 SOUTHAMPTON ST :28 Lot •29 K 24 SOUTHAMPTON ST Lot *30 M 30 SOUTHAMPTON ST Lot s31 Q 34 SOUTHAMPTON ST Lot 032 M 25 SOUTHAMPTON ST Lot .33 Y 33 SOUTHAMPTON ST Lot P43 B 182 NORTHAMPTON ST Lot 444" m 168 NORTHAMPTON ST Lot •48 K 172 NORTHAMPTON ST PROJECT: EAST SIDE HOUSING OPPORTUNITIES PHASE 2 DEVELOPERR NRP GROUP CITY OF BUFFALO COUNTY OF ERIE, STATE OF NEW YORK NOVEMBER 10, 2008 S:,E SCALEt1• o aa' raQ SHEET 2 OF 6 MASTEN AVENUE FOIT- ALBERT ASSOCIATES E> kcM*h4 r 1 v a16vn1bR PL " 76i mab stmt Bwok, lhrr yat 14203 1FOru ta. .o�u. n< LEGEN - CITY OWNED PROPERTY O CITY OWNED PROPERTY WITH STRUCTURE BUILDABLE LOT N W4E S Q V U w J 0 w w 5 PROJECTr EAST SIDE HOUSING OPPORTUNITIES PHASE 2 DEVELOPERt NRP GROUP CITY OF BUFFALO COUNTY OF ERIE, STATE OF NEW YORK NOVEMBER 10, 2008 SOALE,1'■10O' . SHEET 3 Of 5 FOIT- ALBERT ASSOCIATES 4 kw ?N WN strut a ., ..` s�taw Now Yart tt2E3 S .o JUOJI T [#] l7 X111,1 "�►� Lotft12 M 94 GLENWOOD AVENUE Lot 03 0 100 GLENWOOD AVENUE Lot •14 Y 104 GLENWOOD AVENUE Lot :15 Y 120 GLENWOOD AVENUE Lot •18 8 126 GLENWOOD AVENUE Lot •34 0 58 EAST UTICA STREET __ _ EMERSDN PLACE LEGE CITY OWN= PROPERTY CITY OWNED PROPERTY WITH STRUCTURE BUILDABLE LOT m a z z Q J ':ILE SCALE I**100' o, SHEET 4 3 r UPxIHAMPTG,V STREET 0 SOUTNAMPTON ATRFCr uuvc.t' STREET LOT MODEL ADDRESS Lot *33 k 181 EATON STREET Lot +40 Y 197 EATON STREET Lot ■4/ O 131 MASTEN AVENUE Lot r42 M 139 MASTEN AVENUE s 0 w w PROJECT: EAST SIDE HOUSING OPPORTUNITIES PRASE 2 ©EVELOPERi NRP GROUP CITY OF BUFFALO COUNTY OF ERIE, SPATE OF NEW YORK NOVEMBER 10, 2008 FOIT•ALBERT ASSOCIATES k0gotor wit and ase.f, Pt : rey w�, street a : ' -. s� , m* vow yvt 142" y.rc =ranmr,.9sccu- ce.e:. LEGEND CITY OWNED PROPERTY CITY OWNED PROPERTY WITH STRUCTURE BUILDABLE LOT tv :i!j J E S x L- 1 w Q z 0 CO L4 CLENW06D AVENUE Lot•47 m 58 VERPLANCK STREET Lot 48 K 85 VERPLANCK STREET Lot m49 B 69 VERPLANCK STREET Lot *62 B 60 WELKER S'T'REET Lot e53 4 86 WELKER STREET Lot .54 tM 72 WELKER STREET Lot K 65 WELKER STREET :55 Lot •S6 a 83 WELKER STREET Lot ■57 K 88 WELKER STREET PROJECTS EAST SIDE MOUSING OPPORTUNITIES PHASE 2 DEVELOPERS NRP GROUP CITY OF BUFFALO COUNTY OF ERIE, STATE OF NEW YORK NOVEMBER 10, 2008 FOIT- ALBERT ASSOCIATES cwr 4dtteekre, eee &Mft P4 SCALErt ° ■!00' 763 mb street SHEET S OF 15 B7Makk INR York 14m:�: =.rcacoexr..:s� cure., v.c WOODLAWN " AVENUE SEORA Notice of Determination ":o;, significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law, Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Medaille College Location: 18 Agassiz Circle Type of Action: Unlisted- Uncoordinated Description: Medaille is proposing the construction of building additions to an existing campus building located at 18 Agassiz Circle. The proposed project is to construct two additions to Huber Hall (a college staff office building housing a library). Both additions will be one story including a 1561 sq. ft. to relocate the existing library and a 6,506 sq. ft. area to house the existing offices and student work spaces for the Student Success Center. New landscaping will be added around Huber Hail. The project will not increase the student population or parking requirements on campus. The project is privately funded by Medaille College with the estimated cost being approximately 900,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow for the continued success of the Medaille College Community helping to provide a great education experience. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 9D1 City Hall, Buffalo New York 14202 — 716 851 -5085 Dated March 24, 2009 CC: City Clerk City ofBuffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection El Team REGEWFIIJ A.. t. j� NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law, Lead Agency: City of Buffalo PlAnning Boarcj. Room 901, City Hall 65 Niagara Square Buffalo New Yorlt 14202 As per the provisions of SEQR, the Lead Agency has'reviewed the following action as it relates to the environment: Action Title Price Rite Renovation Location: 1716 Kenmore Avenue Type of Action: Unlisted - Uncoordinated Description: Price Rite Supermarket is proposing the rehabilitation of the building on the property located at 1716 Kenmore Avenue, Buffalo New York. The proposed project will totally renovate the entire building by installing all new interior walls, floors, ceiling and lighting. New equipment will be installed in the total amount of 1.6 million dollars with a complete building budget of 9 million dollars. The outside of the building will be painted and repaired. The existing parking lot will be sealed and striped. Landscaping will be included along the perimeter and in the parking area. The project is privately funded with a total budget of 8 million dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will upgrade an existing vacant building in the MilitarylHertel area of the City of Buffalo as well as provide employmentlopportunities to the neighborhood residents. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — (716) 851 -5085. Dated A , 7 2009 CC: City Clerk City of Buffalo Economic Development, Perrllts and Inspections City of Buffalo Public Works, Parks & Streets i . Price Rite Supermarket RECEIVED AND HLED' 0 0 7 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title 317 Maple Street, New Home Location: 317 Maple Street Type of Action: Unlisted - Uncoordinated Description: Paul Larnarelli on behalf of the Wiggins Family is proposing to construct a new home on the property located at 317 Maple Street, Buffalo New York. The home will consist of a two family, two and a half story house. The Wiggins Family currently lives across the street from the site at 308 Maple and is being relocated because of the future proposed construction of a skilled nursing facility as part..of the BNMC project. The double home will have Mrs Wiggins living on the first floor and her daughter living on the second floor. Mrs Wiggins wanted to stay in her community to continue he} contact with her many friends and neighbors. The exterior finishes are architectural shingles, white. vinyl siding, white vinyl windows & a vinyl railing at the fron porch. A concrete driveway and landscaping is included. The project is privaly funded the amount of 200,000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows; The project will allow the Wiggins family remain part of their community where they have lived for many years. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — (716) 851 -5085. _ Dated April 7, 2009 CC: City Clerk City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works, Parks & Sheets Paul Lamparelli, President Lamparelli dq'�6truction _ 00005 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State EnvironmentaljConservation Law. Lead Agency: City of Buffalo Planning. Board Room 901,iCity Hall ` 65 Niagara "Square Buffalo New York 14202 " As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Michigan Transportation 44useum - Facade Location: 263 Michigan Avenue 'k- Type of Action: Unlisted - Uncoordinated` Description: James Sandoro is proposing to rehabilitate the fagade on the property located at 263 Michigan Avenue, Buffalo New York, The Buffalo Transportation Museum is located in a one story masonry building. The proposed fagade renovations are planned to occur on the north, west and south elevations of the building. At this time, there are no other improvements planned in regard to this project. Demolition activities include the removal of the existing storefronts, glazing, plywood, precast sills, precast and clay copings, and partial height concrete masonry units to receive the new brick veneer. No demolition work is scheduled for the interior. The fagade improvements include new precast . copings, sills, caps and frames, new architectural *masonry units and modular bricks, and new canopies with prefinished metal copings. Decorative elements include new wall sconces. Eye bolts will be installed in the new masonry for the connection and display of banners. The project is funded in the amount of 400,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implerpentation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as. follows: The project will continue the rehabilitation of the Buffalo Transportation museum that has been a successful tourist and local Buffalo attraction for many years. The building being owner occupied also guarantees that the building will have continuous maintenance. The identified potential negative impacts appear to be primarily short -terra site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. t For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Ro& 901 City Hall, Buffalo New York 14202 -- (716) 851- 5085. Dated April 7 , 2009 RECEIVED ANE3 CC: City Clerk City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works, Parks & Streets Patrick J. Mahoney, AIA Lauer Manguso Architects I. j, 000( ) IJ NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title General Mills Visitor Center Location: 7 South Michigan AKA 525 Michigan Avenue Type of Action: Unlisted - Uncoordinated Description: General Mills Inc. is proposing to construct a building addition on the property located at 7 South Michigan Avenue, Buffalo New York. The project involves an addition to the existing general office facility of General Mills Inc. The work consists of a 1360 sq ft addition to the general office facility and 272 sq ft of landscaping, 20% of the new addition. The project incorporates needed security updates to comply with homeland security standards for a port facility, visitor center, and ADA accessibility enhancements, including a handicap lift and toilet room. Also, a visitor waiting area and conference room will allow controlled access to the facility, The work does not impact parking or vehicle circulation. The project is privately funded in the amount of 400,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse_ impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The'facts and reasons for this decision are as follows: The project will allow General Mills to comply with Homeland Security requirements for a port facility. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. i For further information relative to thi6 Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Half, Buffalo New York 14202 — (716) 851 -5085. Dated April 7, 2009 CC: City Clerk City of Buffalo Economic Development, P6rmits and Inspections City of Buffalo Public Works, parks & Streets Trautman Associates REe r" 000. 4 SEQRA Notice of Determination tvr'si➢ $ iiiifiGan�& Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEOR -- State Environmental Quality Review) of the Environmental Conservation Law, Lead Agency: City of Buffalo Planning Hoard Room 901, City Hail 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Ailing & Cory Building Location: 136 North Division Street Type of Action: Unlisted- Coordinated Description: Schneider Development, LLG is proposing the rehabilitation of the building located at 136 North Division Street Buffalo New York. The proposed includes eighty eight apartment units housing 287 students. It is proposed that the three unit types will be available for the 2010- 2011 school year; Single bed studio apartment, 4 person- 2 bed apartment and 4 person -4 bed apartments. State of the art security will be provided throughout the complex. Interior and exterior community areas will be provided for student use and an on site stare will provide basic food staples. Shared laundry facilities will be installed. The site will provide on site gated parking for 59 vehicles in the south lot and for an additional.35 spaces in a semi gated north lot. Landscaped green area will be provided throughout the site, Additional parking will be provided to all full time ECC students residing in the apartment building at all surrounding ECC lots. Permanent project financing will be provided by the private non governmental source; The Community Preservation Corporation. A Phase I Environmental Assessment Study was completed on the property in 2001 and only minor amounts of asbestos were found. The study will be updated by LCS (Lending and Construction Services of Buffalo). The asbestos will be removed as part of the construction process. . As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will assist with the continued success of the many new developments in Downtown Buffalo bringing individuals to the area to take advantage of the many opportunities available, The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact an the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 716 851 -5085 Dated March 24, 2009 CC: City Clerk City of Buffaio Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection ECIDA Schneider Development LLC f �� 00011 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title JDM Citgo, LLC Location: 210 -214 Porter Avenue Type of Action: Unlisted - Uncoordinated Description: JDM Citgo is proposing the construction of a building addition on the property located at 210 -214 Porter Avenue, Buffalo New York. The proposed project includes the construction of a 14.5 X10.25 addition to an existing building for the purpose of installing an ADA Accessible Bathroom and a Management Office for the gas station and minimart. The existing minimart floor space will be rearranged to provide room for a kitchen consisting of a grill, pizza oven and fryer for the preparation od various take -out meals. The project is expected to begin in May of 2009 and be complete in July 2009. The project is privately funded in the amount of 60,000 dollars.. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will allow the owner to continue the success and growth of a business that has been located in this area for many years. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — (716) 851 -5085. Dated March 24. 2009 CC: City Clerk City of Buffalo Economic Development, permits and Inspections City of Buffalo Public Works, Parks & Streets JDM Citgo, LLC 7 FROM THE COMPTROLLER April 14, 2009 0 0 0 4 2 Certificate of Necessi� Increased Appropriation AIM Strategic Planning We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Chatter, that an increase in the sum of 5162,000 in the estimate for the fiscal year beginning July 1, 2008 is necessary in Strategic Planning to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be net from increased revenue in the account titled NYS Aid Incentive to Municipalities, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From; 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) 162 QOQ To: To meet the increased appropriation as set forth below: 10309006 480000 Strategic Platinin Dated: Buffalo, NY, March 20, 2009 - l Comptrw ;{ f f } { fY 000 - 3 V Certificate of Necessit Transfer of Funds Department of Public Works We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 --12 of the Charter, that it is necessary that the sum of $320,000 be transferred and reappropriated within the Public Works, as set forth below: From: Engineering; 13111005 - 466200 -- Road Supplies 13112006 -- 443100 — Road Repairs To: 13296003 — 441004 Buildings - Telephone 13365006 — 480000 Telecommunications - Other Services 15030005 -- 461 106 Streets - Salt & Sand Dated: Buffalo, NY, March 11, 2009 YOR T $ 75,000 $245,000 $130,000 $ 90,000 $100,000 J MU ComtLe — i .. �. 0001 � SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO THE COMMON COUNCIL: DATE: April 6, 2009 FROM: DEPARTMENT: Audit & Control /Comptroller SUBJECT: [:Interfund Cash Loan PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xxlxxlxx) Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $600,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3181 - 1318 Niagara St Remediation GRANT TITLE: City of Buffalo - 1318 Niagara St Remediation #C304067 GRANT AGENCY: New York State Department of Environmental Conservation GRANT AMOUNT: $666,000.00 LOAN AMOUNT: Maximum of $600,000.00 Estimated Date of Repayment: June 30, 2010 Signature c Department Head Requesting Interfund Cash Loan Brian Ref Ily, Commis inner of Economic Development, Permit & Inspection Services SIGNATURE DEPARTMENT HEAD TITLE: Comptroller Andrew A. SanFilippo iv`ir. Fontana moved That the above communication from the Comptroller dated April 6, 2009, be received and filed; and That the Comptroller be, and lie hereby is authorized to make an interfund cash loaf from the General rued to the City of Buffalo -- 1318 Niagara Street Remediation #C304067 in the amount of $600,000. The loan will be payable at date of reimbursement. Passed 14 TAB ; rn - iv t:Nvp60NmswordVmv\ 14c4 -14a. doc DAVIS * * FONTANA * * * * FRANCZYK _ * * * * * GOLOM � * * * KEARNS * * * * * LOCURTO * * RIVERA * * * -- RUSSELL * * * * * SMl[D_ * * * ---------1 [ MAJ - 5 l * * � * ' _ |2/3 - 6 ( ! 1 .5 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: April 6, 2009 FROM: DEPARTMENT: Department of Audit & Control SUBJECT: [: FEMA Award EMW- 2008 -FO -10698 [: Assistance to Firefighters Grant Program (AFG) PRIOR COUNCIL REFERENCE: (IF ANY) Item No. 20, C.C.P. 3/3109 The Common Council has forwarded this item to my office for a response. My office does not receive information on grants or a request to establish an account until the acceptance of the grant has been approved by the Common Council and the Buffalo Fiscal Stability Authority. In addition, we also require the final grant agreement signed by the grantor agency before allowing any grant disbursements. At this time, I have no reason to object to the City accepting the Assistance to Firefighter Grant from FEMA for $948,000. Since a match is required, I recommend that you make sure City funds will be available as my office will require that the match funds be transferred to the grant account at the inception of the grant. 61--*' COMPTROLLER EIV AND FILED, .J SINGLE P COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE 2124/09 FROM: DEPARTMENT: 21 -0 Fire SUBJECT: FEMA Award EMW- 2008 -FO -10698 Assistance to Firefighters Grant Program (AFG) The Department of Fire is requesting approval to accept and expend the grant award from FEMA's Assistance to Firefighters Grari'�, Program. We applied for this grant as a means to upgrade firefighting equipment and firefighter safety. We specifically addressed our need to update our personal protective equipment. Turnout gear (bunker pants and coats) and helmets purchased through this grant will further assist us in reaching our goal. The total award from FEMA is $948,000.00. As part of the FEMA AFG Program, we are required to provide a 20% match to secure these funds. The matching portion of the award is $189,600.00. We will use a portion of our clothing budget to assume the costs of the grant match. J/ Michael Lombardo Commissioner of Fire ck ., W Council Staff Chief of Staff James S. Pajak r Senior Legislative Assistant 1V Kevin Linder s Senior Legislative Assistants Marite Bellrield Brian C. Bray Mark J. Jaskula William Licata Karen D. Privateer Jacqueline E. Rushton 1 %C010 P41m0 n (E.,n i. I CITY OF BUFFALO March 4, 2009 Andrew A. SanFilippo, Comptroller Audit & Control 1225 City Hall Buffalo, New York 14202 Dear Mr. SanFilippo: L Legislative Aide At the Common Council Meeting held on Tuesday, March 3, 2009, James N. Jackson the following item was referred to the Finance Committee and to your office for a response: 65 Niagara Square, Room 1413 11 " Buffalo, New York 14202 -3318 FEMA Award - Assistant to Firefighters Grant Program Phone: (716) 851 -5145 (Item #20, C.C.P. 313109) Fax: (716) 851-4234 Please review the item, address your response to the Common Council and file your comments and/or recommendations with the City Clerk's Office, 1308 City Hall before 2:00 p.m., on Thursday, March 12, 2009. Please contact me if you have any questions at 851 -5105. Thank you for your attention to this request. Respectfully yours, Karen Privateer' Senior Legislative Assistant ' F Enclosure C3 - n -nr �! m FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS April 14, 2009 0001 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 4/3109 FROM: DEPARTMENT: Public Works, Parks & Streets SUBJECT: [:Banners Within City Right of Way PRIOR COUNCIL REFERENCE: (IF ANY) Ex. item No. xxx C.C.P. xxlxx/xx The Department of Public Works, Parks & Streets has reviewed the following requests to hang banners and has no objection provided all conditions provided to the applicants by the Division of Engineering are met. 1. Item #123, CCP 3/17109 "Permission to Hang "The Hellenic Festival" Banner 2. Item #72, CCP 3/17/09 "Permission to Hang a Banner across Delaware Ave. in front of Trinity Episcopal Church" SIGNATURE DEPARTMENT HEAD NAME: TITLE: PJM /MGM /kec Commissioner of Public Works, Parks & Streets 'AND PR T #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 3, 2009 Q 0 0 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Coca Cola Field [: Roof Reconstruction (Partial) [: Job #0902 I: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) t: (EX.: Item No. CCP ) TEXT I advertised for on January 9, 2009, and received the following formal sealed bids for the Coca Cola Field, Roof Reconstruction (Partial), which were publicly opened and read on January 23, 2009. The Commissioner of Public Works, Parks & Streets has declared an emergency and is entering into an agreement with Jameson Roofing Co., Inc. to do this work. Jameson Roofing Co., Inc. $45,477.00 3761 East Lake, Dunkirk, NY 14048 Jos. A. Sanders & Sons $49,178.00 P O Box 814, Buffalo, NY 14240 Grove Roofing $50,750.00 131 Reading, Buffalo, NY 14220 Progressive Roofing $96,350.00 331 Grote, Buffalo, NY 14207 E :3 �f I hereby certify that the foregoing is a true and correct statement of all bids received and that Jameson Roofing Co., Inc., with a base bid of Forty Five Thousand Four Hundred Seventy Seven and 001100 Dollars ($45,477.00), is the lowest responsible bidder in accordance with the plans and specifications. Because this roof was under warranty, a claim was made with Chubb Federal Insurance and a check in the amount of $35,780.42 was received on 02127/09. This money was put into account 39320806 445100. The City of Buffalo will only be responsible for $9,696.58, which is available in 39320806 445100, Buildings. SJS /PJM /DAH /dlg cc: Contract Compliance Office J. Schollard, Buildings S, Harvey, Buildings Department Head Name Title Signature of Department Head Peter J. Merlo, P.E. City Engineer �W 1' 1 Mr. Fontana moved. That the above communication from the Commissioner of Public Works, Parks and Streets dated April 3, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Coca Cola 1 {ield, Roof Reconstruction (Partial), to Jameson Roofing; Co., Inc., the lowest responsible bidder, in the an of $45,477.00. The City of Buffalo's funds for the project in the amount of $9,696.58 are available in account 39320806 445100, Buildings. Passed. 17 TA13:rmv tA%vp GO\usvord\rniy\ 17c4 -14a, doc *AYE* NO * DAVIS * LOCURTO * FONTANA RWERA * * * FRANCZYK RUSSELL GOLOMBEK * * * KEARNS LOCURTO RWERA RUSSELL SMITH * * * [ ------------- ] [MAJ- 5] [213 - 6] [314 - 71 * * * * * a * 000._ !3) SINCLL PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMON COUNCIL DATE: April 6, 20" YROM: DE!— :!MRT1 Public Works, Parks & Struts DIVISI0N: WATER SURJ7r,[ ",'T: C : Report of Bids [ : for Water Distribution. . "< .1 i em Improvements [ : South,Vaarious Location-2 j: South District PRIOR COUNCIL REFERENCE: (IF ANY) [ Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: ('HYPE SINGLE SPACE BELOW) This is to advise your Honorable Body that I have advertised for and received bids an April 3, 2009 for water distribution system improvement South (Various location). The following bids received: 1- Visone Construction,lno. $ 1,399,092.65 79 Sheldon Ave. Depew, NY 14043 2- XanOoy Company, Inc. $ 1,433,315.00 19 Rcansi.er Dr. West Seneca, NY 14224 3- Destro Brothers Concrete Company,Inc. $ 1,507,138.50 411 Ludington St. Buffalo, NY 14206 4- Mar -Wal Construction Co.,Inc. $ 1,640,278.18 440 Gould Ave. DeperFr, NY 14043 5- Sicar Management & Construction,Inc. $ 1,686,105.25 1128 Jamison Rd. Elma, NY 1405 Engineer estimate: $ 1,718,980.00 I hereby certify that the lowest responsible bidder is Vissone. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount $ 1,539,001. 91 (Based Bid $ 1,399,092.65+ a $139,909.27 -10% unit bid increase =$ 1,539,001.92). The funds are available in a Division of Water account 53210716- 445100. 1 sag TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City?F: r "Pare Steven J. Stepniak, Commissioner of Public Works, Parkw & Sty €ve tL j� URI OF DEPARTMENT HEAD: J Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 6, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and lie hereby is authorized to award a contract for the Water Distribution System. Improvements — South (Various locations -2), to Visone Construction, Inc., the lowest responsible bidder, in the amount of $1,539.00191 (Base Bid $1,399.092.65 + $139,909.27 -10% unit bid increase = $1,539,001.92. Funds for the project are available in a Division of Water account 53210716- 445100. Passed, 18 TAB:rruv LAwp60 \nswordlrmvii €ic4- [4a.doe q' *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL. SMITH X * [ ------------- ] [MAJ° s] [ 2/3 m 6 ] [3/4 e 7] * 0 * 0001 _:3 #I2 (Rev. 1193) SINGLE; PA GE COMMUNICATION TO THE COMMON COUNCIL 3 Y TO: THE COMMON COUNCIL DATE: April 8, 2009 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx SUBJECT: [: South Park Avenue Lift Bridge [: Emergency Structural Repairs On a recent inspection of the South Park Avenue Lift Bridge the New York State Department of Transportation issued structural flags to two cracked deck beams on the bridge. Due to the scope and magnitude of the necessary repairs I hereby declared an emergency situation. As TVGA Consulting Engineers recently completed work on the bridge and do to their familiarity with the bridge I retained their firm to conduct an investigation of the cracked beams and design a repair detail that would satisfy the New York State Department of Transportation. Emergency Bids were opened on April 3, 2009 as follows: Hohl Industrial Services $ 38,400.00 770 Riverview Blvd. Tonawanda, New York 14150 Contour Erection & Siding Systems Inc. $ 38,625.00 7254 Southwestern Boulevard Eden, New York 14057 Oakgrove Construction No Bid 6900 Seneca Street P.O. Box 103 Elma, New York 14059 I am hereby requesting your Honorable Body order the work thereof and approve payment to Hohl Industrial Services in the amount of $38,400.00. In addition approve payment to TVGA Consulting Engineers for the time and material for the design and inspection of the repair of the bridge in an amount not to exceed $16,500.00. Funds for this work are available in the Capital Highway Improvement Fund 30032106 and Emergency Bridge Repair Account 31310606. SJS:PJM:DJP TYPE. DEPARTMENT DEAD NAME TYPE TITLr S IGNA TU RE OF DEPARTMENT HEAD: Steven J. Stepniak Commissioner Department of Public Works, Parks & Streets Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 8, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the South Parr "Lift Bridge -- Emergency Repairs, to 1 -1ohl Industrial Services, in the amount of $38,400.00 and to TVGA Consulting Engineers for the time and material for the design and inspection of the repair of the bridge in an amount not to exceed $16,500.00. Funds for the project are available in the Capital Highway Improvement fund 30032106 and Emergency Bridge Repair Account 31310606. Passed. 19 TAB:rmv t:1wp60lrnswo €d \rmv119A -1 Qa.doc i *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMSEK KEARNS LOCURTO * * RIVERA RUSSELL SMITH * � [MAJ- s] * * 0 [213 - 5] [314 - 7] U' FROM THE COMMISSIONER OF POLICE. April 14, 2009 30 (Rev I -02) � 0 0 Ce, Hficate of Appointmen ff1 � In compliance with pf— isw,,s of SmIiiOn 24 -2 u115c Charlcr 11 1 Chapaer 55 -1 of the Ordinances of the City of Ilallado, I trwlr rnit dais ceriiftcatim of appointrnenl(s) or protnown(s). 1 further certify that the perscn(s) named in Schcdutc "A" Katie been ecrbf cd or approved by the Human Reswirce,10,il S—z" for the Appointment E'l1ective 03/18/09 In 01c Departl3rc4J of POLICE Division of Admin & Communications to the Position or Crime Analysts (Insert One): PERMANENT (Insert One) APPOINTMENT (Insert Onc) : at the: MAXIMUM (Linter Starting Salary) : Starting Salary of. $53,584 Schedule "A LAST JOB TITLE Prov. Crime Analyst NAME Kathleen Marciano LAST DEPARTMENT Police DATE 03/17/08 ADDRESS 458 Parkside Avenue LAST SALARY $53,584 CITY & ZIP l3u #falo, NY 14216 (..AST 4 DIGITS OF SSN. XXX XX LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIG ITS OF SSN. XXX - X X- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP L 4 DIGITS OF SS XXX -XX- I AST Jna 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 12021001411001 TITLE CODE NO 2020 BUDGET ACCT, OBJ. 12021001 411001 PROJ. PERSONNEL REQ. NO 2008 -104 ID SALARY RANGE OF POSITION $45,741 - $53,584 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: Employed by the City since 01110183. f t.. NAME OF APPOINTING AUTHORITY: H. McCarthy Gip I ' TITLE OF APPOINTING. AUTHORITY: Commissioner of Police' ". DATE: 03118109 SIGNATURE OF APPOINTING AUTHORITY; r� i OJ:LCItyAL,_* C OPIES TO- CITY C LERK �QN1W APPOINTMENT DAT OT COPIES TO: _ #5- Cj MPTR0LLFR #6- HU SF.. S ERVICE #7- BUDGET - �- - - - -- —' #8- D WAR T MENT #9- D VISI1QN #10- FMP LOYE.EN FROM THE CORPORATION COUNSEL April 14, 2009 114 (IZev 7 -07) 0001 Certificate of Appointment �r III compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service Ibr the Appointment Effective: March 26, 2009 in the Department of Law Division of to the Position of Assistant Corporation Counsel ll Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, (insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) INTERMEDIATE (Enter Starting Salary) : Starting Salary of $ $61,212.00 LAST JOB TITLE DATE NAME CINDY COOPER LAST DEPARTMENT LAST SALARY LAST 4 DIGITS OF SSN, XXX -XX -9923 ADDRESS 174 RICHMOND AVENUE CITY & ZIP Buffalo NY 14222 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OIL SSN, XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 10546001 TITLE CODE NO BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL REQ. NO 2008 -111 SALARY RANGE OF POSITION $61,212,00 TO $75,641.00 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Alisa Lukasiewicz TITLE OF APPOINTING. AUTHORITY: Corporation Counsel DATE: March 26, 2009 SIGNATURE OF APPOINTING AUTHORITY:} �_.;�..'�•4.._ ORIGINAL + 2 COPIES TO: CITY CLERK ONIBEFOR PPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER # HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6 DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) U FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES April 14, 2009 000 To: The Common Councii: :Date: Aprii 8, 2009 i From: Department of Economic Development, Permit & IItspectiot► Sey -vices Division: Of fice of Licenses � 'l in U�3� et' and � J_Lo Case O PIy__J Subject. [: Food Store (New) [: 2594 .Bailey (Lovejoy) Prior Council Reference: (If Any) [: Ext. (Lfienl, No. x xx, C.C. P._ ?x Text (Type Singl 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 2594 Bailey (Schrock Grocery) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, building Inspections, Police Department and Collection Office i find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. NO L E G Type Department Ilead Name: JAMES COMERFORD ly e Title: _ DEPUTY Sign of Department Head: T f JC:PS:rf CITY OF BITFFAE.,O OFFICE OF LICENSES 'Z Y 2 ! YY A 7 7 .1 L.1 CIl 1 HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: SCHR.ECK GROCERY LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: A P PLICATION NUMBER: RE � ERRAL DATE 2594 BAILEY 893 -5034 I.O 00 SAMIR I IASSAN 893 -2858 553380 02/23/2009 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) 'r APPROVED HATE: 3 DISAPPROVED DA'Z'E: DISAPPROVAL CALL BA( ".K 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. AppYliyz -rpi OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: SCHRFCK GROCERY LICENSE TYPE; FOOD STORE BUSINESS ADDRESS: BUSINESS PHON COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PIIONE: APPLICATION NUMBER: REFE,RRAL DATE: REMARKS: DISAPPROVAL REASON: 2594 BAJL T "Y 893 -5034 110 00 SAMIR JJASSAN 893 -2858 .553380 02/23/2009 NEW LICENSE 2010 CFO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BAC'K DA'Z'E: "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. AppRiplrp1 I-II I Vk' IJUVrALV OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 1.4202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: SCHRE;CK GROCERY LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: 2594 BAILEY 893 -5034 110 00 SAMIR IIASSAN 893 -2858 f 7 I j 553380 02/23/2009 l o 6 C7 � -F, "`-, " DISAPPROVAL REASON: FIRE P.XTI:NGUISHER, FIX TOILET, LIGHT EXIT SIGN (TO BE COMPLE'T'ED BY AGENCY /.DEPARTMENT REFERRED TO) APPROVED DATE: �Jl"S PP tOVFD DATE: DISAPPROVAL CAIA, RACK C) 7 A 117 �S NEW LICENSE 2010 . DATE: "'REASON, FOR DISAPPROVAL MUST BE STATED BELOW"* REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN 'PHIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppNip2.rpt CITY OF III FFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OIL POLICE APPLICATION FOR: SCHRECK GROCERY LICENSE TYPE: FOOD STORE 0 6 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2594 BAILEY 893 -5034 LO 00 SAMIR HASSAN 893 -2858 553380 02/23/2009 (TO BE COMPLETED BY AGFNCY /DFPARTMEN'r REFERRED TO) APPROVED DATE: J I 6 y DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVE[) DATE l 0 DATE: x *xREASON FOR DISAPPROVAL MUST 13E STATED BELOW * ** REMARKS: NEW LICENSE 2010 r COMM. OF POLICE.: - AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppS!!p2 rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: SC-IR.ECK GROCERY LICENSE TYPE; FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT. POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER- REFERRAL DATE. REMARKS: DISAPPROVAL REASON: 259413AIL Y 893 -5034 1.10 40 SAMIR 11ASSAN 893 -2558 553380 02/23/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CAIJ, RACK DATE: DATE: DATE: *"REASON FOR DISAPPROVAL MUST BE STATED BELOW"" REMARKS: - It � INSPF;CTOIt �'':'� %Cr� RM# AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSljp2.rpl 31 I' GAT ' -�� O' 14200 LI t I�i �35� CO I; TED IN FULL 1rPLfCATIO PHOTO �. tEC� ED A'I T QP B CA'IION IACFNsE CATS' C ORY O �.MG FOR) BAK9ky CONFECI1ONM REMLMAhTT" RE,S TAU ANT TA O�1' CA EOF, - FOOD STORE; SAT, PTSA & P QULTRY Date 0 - I -Z C 2 Ap 1ir✓a�at iome Pltou# Applicant N= c ddress (Zip} � ..�� � .� (stage) AppheanC A Ci Town. ar vivaga} Co ApplicantWaml Co Applicant Act &ess — e' , S` e d) (City, Tam or Vi1]age) (State) VI Date Tncarpoted Corpoxatio]t>LNait>� � 6 0 2 Date ofBusi less Certificate i t z Business Address (Na Street} (City; Town of Village) ) (State} () N1aRing Address (if diff�rer►tthan. address) \ ^'� > Str ®e (City, TQVM or Village) (State} (75p) Fax # .Business Phoi�p # �� - tat Ta�cIUNumbex �0' _ Social Sw� �-- Na, ofFwployees - _(l a e & Confectiozaer anly*� ; Applicant Signatarc Subs';Ii ? d and sWointo btfo me, this 0 PE PR 1• PECaRARQ 20 v Nofory Public, State of Netiv York Day Cualiiicd sn Erie County My Commission Expires August 11, 20 C,=Wss'toncr of D tcd-5 is an for the City of Buffaio, i4ewybik N ®N tJEg+`UNDA� E.A P]jCAT][gN FEE' Q00r3 The Common Council: - Date- C 9D APR 0 9 200 From; Department of F,cogartttc Development, Perrnit & Inspection Services Division: Office of Licenses ' fyjje in U e?p r and f Lowcr_C�se 0i��� Subject:. [: Food Store (New) [: 825 Broadway (I±illmore) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xxlxx/xx): Text ( Type Single Sp ace 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 825 Broadway (Broadway lucky Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the .Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. ON LEGISLATION. Typ Department plead Name: .IAMBS COMERFORD `I "yne Title: DEP UTY CO Sigq, ure of Department I lead: -- ic -P&rf 1 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY IIA LL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY I DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: BROADWAY LUCKY MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT- APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 825 BROADWAY 896 -9856 F] 08 MOHAMED 131LAL 444 -2211 552994 12/16/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED I)ISA:o"k OVEI) DATE: DISAPPROVAL CAI.I, BACK DATE: - k - * REASON FOR DISAPPROVAL MUST BE STATED BELOW " REMARKS: INSPECTOR 'v RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppsupIrpf OFFICE OF LICENSES 313 CITY MALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY I DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKAI,SKI APPLICATION FOR: BROADWAY LUCKY MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 131 OADWAY 7 - 7 5I s� BUSINESS PHONE: 89 COUNCIL DISTRICT: Fl POLICE DISTRICT, 08 APPLICANT NAME: APPL. PRONE. MOIIAMED 9 I BILAT. ` APPLICATION NUMBER: 512994 REFERRAL DATE 12/1612008 REMARKS: DISAPPROVAL REASON: r c. eX t' NEW LICENSE 2009 {TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO} z 3 ) - o APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW` REMARKS: (7 Z fll e j d u- b l:: INSPECTOR �y' `' " IJr RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2_rpr t to CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: BROADWAY LUCKY MARKET LICENSE TYPE.: FOOD s'TORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL. REASON: 825 BROADWAY 896 -9856 la T 08 MOHAMED BILAL 444 -2211 552994 12/16/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) I 6 APPROVED DATE: �. CS DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: "REASON FOR DISAPPROVAL MUST BE STATED BELOW " REMARKS: INSPECTOR RM# 3 EXT C r AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. ApjjSlip2.rpl CITY OF BUFFALO OFI;ICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: BROADWAY LUCKY MARKET TYPE: R LICENSE BUSINESS ADDRESS: 82513ROAD WAY BUSINESS PHONE,: 896-9856 COUNCIL DISTRICT: Fl POLICE DISTRICT: 08 APPLICANT NAME: MOHAMED BILAL APPL. PHONE: 444-2211 APPLICATION NUMBER: 552993 REFERRAL DATE: 12/16/2008 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: REMARKS; DISTRICT CAPTAIN: APPROVED DATE: NEW LICENSE 2009 DISAPPROVED DATE: "REASON FOR DISAPPROVAL M 7 T_ BE STATED BELOW � *x REMARKS: COMM. OF POLICE: �p.� Go>z1rElissa.yner AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. A pf CI'T'Y OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: BROADWAY LUCKY MARKET LICENSE TYPE: FOOD STORT' BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: 825 13I2OA 896 -9856 Fl 08 MOLIAMEI) BIL,AL 444 -2211 552994 12/16/2008 NEW LICENSE 2409 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) > > DATE: A ROVED DISAPPROVED DATE: DISAPPROVAL CALL RACK DATE: '"REASON FOR DISAPPROVAL MUST BE STATED BELOW *** REMARKS: �c ` 1 INSPECTOR i / -1_ �.�� >r RM# �. F,XT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. IppShpIrpt OFFICE OF LICEN1S F:S 313 CITY IIALL, BIUFFALO, NY 14202 (716) 851 -4078 LICENSE APPLICA'HON (PLEASE CHECK LICENSE cATEGOR"Y APPLYING FOIL) if RESTAURANT BAKERY CONFECTIONER -j � RESTAURANT TAKEOUT CATERER FOOD STORE !' MEAT, FISH & POULTRY Date 3 _ 20 ApplicarttNasrle , 'dC�C.: I 2 y 'v//X Applicant IfofneI�frotre / %° �� Applicant Address /c� - "e - ,q,0 -4 f G% _ � �1� , _/' ��20' (Nc�., Street) (City, Town or Village) (State) (Lrp) Co- Applioant Name l— Co-- Applicant Address (No., Street) (City" "own or Village) (State) (Zip) Corporation Name Date Incorporated _ _ BusiiaCsS Name .'?k ' Z U%LX M q¢L I_ Date of Business Certificate Business Addres0 _�' 4 Vs` 1 IkZ12- (No., Street) (City, Town or Village) (State) (Zip) Mailing Address (if different th6 business -- (No., Street)' (City, Town or Village) (State) (Zip) Business Phono # � � � �' Fax # State Tax ID Number _ - _ Social Security# No_ of Eznployees_ ____ _(Bakez & Contectioher ordy) Snbgo ibed and sworn to before ine tliis Day of 2 ` Coniii6sioner of Deeds in and for the City of Buffalo, New York } Applicant Signature NON REFUNDABLE APPLICATION FEE Rst apps 0 00/2 4 To: The Common Council: Date: April 8, 2009 From Department of Economic Development Permit &Ins section Services Division: Office of Licenses 7'y_pc in I. 1 )cr and JUower_ca Only _J Subject: [: Food Store (New) [: 12661 East Delavan (University) Prior Council Reference: (If Any) [: Ext. ( Itej No ._xx x, C.C. _x mAx ): Text ( Tyne , SLpgl e Spa ce Blow): i Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that 1 have examined the attached application for a food Store License located at 1266 Fast Delavan (Sunoco Food Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. RE FERR." ' HY -- - r - ( '�WVWVW T ITEE ON LEGiSLJA Type Department I -lead Name: JAMES COMERFORD ' I'ype Title: DEP T COMMISS m r Sign ature of Department Nead: C - JC PSA ,fi CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 7 671 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT; OFF. OF ZONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: SUNOCO FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1266 DELAVAN EAST (716) 892 -3071 Ej'N 00 MOHAMMAD FAROO (853) 737 -7379 552923 12/03/2008 (TO BE COMPLE'rE;D BY AGENCY /DEPARTMENT REFERRER TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: 2009 **'-'REASON FOR DISAPPROVAL MUST BE STATED BELOW * *'' REMARKS: INSPECTOR RM# V5 EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appshy2.rpi CITY OF BUFFALO OFFICE', OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCLKALSKI APPLICATION FOR: SUNOCO FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PRONE: COUNCIL DISTRICT,' POLICE DISTRICT: APPLICANT NAM F: APPL. PRONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 3266 DELAVAN EAST (716) 892 -3071 UN 00 MOHAMMAD FAROO (853)'737 -7379 552923 12/03/2048 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCTIDEPARTMENT REFERRED TO) t DATE: Ate I'I'�2OVED �DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: *%'*REASON FOR DISAPPROVAL MUST BE STATED BELOW'"'* REMARKS: INSPECTOR RM# EXT If AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. .4fjp3bp2_rpr CITY OF BUFFALO OFFICE. OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: I:IOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: SUNOCO FOOD MART LICENSE TYPE: FOOD SPORE. BUSINESS ADDRESS: BUSYNESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1266 DFLAVAN RASA' (716) 892 -3071 IN 00 MOIIAMMAD FAROO (853) 737 -7379 552.923 32/03/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCYA)EPA.RTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE,: DISAPPROVAL CALL BACK DATE: * **REASON FOR DISAPPROVAL MUST BE STATED BELOW` REMARKS: INSPECTOR t RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlrp2.rpr CITY OF BUFFALO ^x I?ICLS 0 1.:CrNsFs 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL RE UEST AGENCY/DEPARTMENT: REFERRED TO: LICENSE TYPE: EXPIRATION YEAR: REFERRAL DATE: POLICE COMMISSIONER & CAPTAIN FOOD STORE LICENSE 2010 January 5, 2009 t j ' r- � l RENEWAL 1:ST 552923 SUNOCO FOOD MAID` MOTLAMMAD FAROO 1266 DEL,AVAN EAST 716 - 8923071 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: — Az/ 1 y � DISAPPROVED DATE: REMARKS; f, DISTRICT CAPTAIN:" G/ APPROVED DATE: d DISAPPROVED DATE: * "REASON FOR DISAPPROVAL MUST BE STATED BELOW` REMARKS: _ ---- COMM OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. inspappvlrequcstpolffirm CI'T'Y OF BUFFALO OFFICE OF LICENSES 411 CITY FIA.LL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY I DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: SUNOCO FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1266 DELAVAN FAST (716) 892 -307] UN 00 MOHAMMAD FAROO (853) 737 -7379 552923 12/03/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT" REFERRED TO) /APPROVED DATE: L DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW" ** REMARKS: AI� 1, �Jr� % % rte li INSPECTOR ��� IZM #� EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlipZi f r Dkv OF ' "'ONO ry IC DEVELOPMENT, I ERMIT ' �J1 R. d4E 313 CITY ITALL B jjFyAL0 NY 14202 854; rl, v LICENSE APPLICATION M ASE CRECK LICENSF, CATEGOPY A-PP DYING FOR � R STAURANT BAKERY C�NpEGT1tEN�1� RESTAURANT TAKEOUT CATERER FQaD STORE C — MEAT, FISH & POULTRY - Date - 20 --r7 � Applicaztt Name Cl `� ��/� !k .___ �L T L� 6 T Applicant Home Plzotle # :' _ j Applicant AddreSS ? f - : W ! ) (Zi p (No, Street) (C;ity, Tpwn or Village) (State ) Co- Applicant Co- Applicant Addy ess_ � Sf rfe (Zip) (Na., Street) (City, Town or Village) } � _ t L 4�at Date f�corparated. �... - w.. — .1 7 . � . T IDate of B"s"PIM Cer"C'ate_ Business Nan,e #`d_ Business Address - (� «� (Nq,, Street} (City, Town ur.V111age) (Mate} Fo Pi Mailing Address (if different tttar� bw' tness address} � � � - —� - ��-- (Na., Street) (City, Town or Village) (State) (Zip) Business I?liano # c �1 - t ( Fax # __.. r .- .- . -.. -T °'`_ �� � •' � � � Social Secur State Tax ID Number ity - - _..... No. of Ewploym _— _ (I3alcer & Confevfionor only) . _ .,� Applicant Si�;tzat�'e . 5ubsexibed.and sworn to before nxe this E : R �A?Uk�Ari n -xoo fiFATS Day 201400 SEATS Sa5b,09 401 �375.fln C'���xunis >io[�ct nf�axtd foe the City of Buffalo, Ncw Yank. Ei�.S°J'A.UICtAN�' `T�i:lt�E)L1T /C:A�TERI $ 88An MYA'FYjP -,>!i &V()UL1RY {x YIZS,) 4fso.4o ao ANA P ZASMA j�oOD STORE X115.90 No OVA6016o65 i�aiar f'td iic, 5 €ate u! Ne,rYork I3AK R/C()NF CV10NEit Q 2I A9[I'14Y lj`,S S�fl5.4D l3U<AA�d'In Erie Coyly iriy CCror3x Ex(lites []T,_.Z�� C1 25157.b0 ©90Y To: The Common Council: Date: April 8, 2009 From: Department of Economic Development, Permit & Inspection Services Division: 0flice of Licenses Typ in Uppe - .app 1� DLo wer Case Only -j Subject: [: Food Store (New) 108 William (1i Vem t Prior Council Reference: (If Any) Ext. (item No., xxx C.C.P. xx lxx/xx): Text {fie Single Space 1301 ow): t;l 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 108 William (Sunrise Market) and find that as to form is correct. I have causes[ an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department.I lead Name: JAMES COMERFORD ' ype Title: DE PUTY COMMIS SIONER Signature of Department Head: JC:PS:rf CITY OF BUFFALO OFFICE OF LICENSES 313 C ITY HALL 4.� BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VI.NCE FERRARACCIO APPLICATION FOR: SUNRISE MARKET' LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 108 WILLIAM BUSINESS PHONE: (7I6) 903 -9053 COUNCIL DISTRICT: UN POLICE DISTRICT: APPLICANT NAME: HAT> M > I.ASSAN APPL. P.IIONE: (716) 903 -9053 APPLICATION NUMBER: 553467 REFERRAL DA'L'E: 03/03/2009 REMARKS: DISAPPROVAL, REASON: NEW LICENSE 2010 (`CO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DA'Z'E: CALL, BACK - -- "`REASON FOR DISAPPROVAL MUST BE STATED BELOW"''' REMARKS: INSPECTOR AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. { RM# EXT 10 � App 8lip2.rpt CITY OF BUFFALO OFFICE OF LICENSES X13 i1T 1'rIHL;, BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY /DEPARTMENT: FIRE PREVENTION REFERRED TO: I.T. POCLKALSKI APPLICATION FOR: SUNRISE MARKS 'I LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE- APPLICATION NUMBER: REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: 108 WILLIAM (716) 903 -9053 UN IIA" ENIIIASSAN (716) 903 -9053 553467 03/03/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT' REFFt,RIZED TO) APPROVED-` DISAPPROVED DISAPPROVAL CAIJ, RACK DATE: DATE: DATE: xxkREASON FOR DISAPPROVAL MUST BE STATED BELOW* , '* REMARKS: INSPECTOR RM# f EXT `t. AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AplSlip2.,pi CITY OF BUFFALO OFFICE OF LICENSES z ' 11. A i T - A.J 4,.Y1 i Yit "ata BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCTO APPLICATION FOR: SUNRISE MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE COUNCIL DISTRICT POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL. REASON: 148 W11,LIAM (716) 903-9053 UN IIATI M HASSAN (716) 903 -9053 553467 43/0312009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPRO ED ` r I - )ISAPPROVED CAM, BACK DATE: DATE: �1 DATE: tff s5wA� lq{ l /cool/ S' /-ecfl "REASON FOR DISAPPROVAL MUST BE STATED BELOW"'; REMARKS: 5 00 f � Y' R75I# .. € EXT /7 INSPECTOR AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Ap pz.ip CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: SUNRISE MARKET LICENSE TYPE: FOOD STORE, BUSINESS ADDRESS: 108 WILLIAM BUSINESS PHONE: (716) 903 -9053 COUNC "IL.DIS'TRICI': UN POLICE DISTRICT: APPLICANT NAME: HATE3M IIASSAN APPL.. PHONE: (716) 903 -9053 APPLICATION NUMBER: 553467 REFERRAL DATE: 03/03/2009 REMARICS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTNIENI' REFERRED TO) API'IZOVE DATE: 5 DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: � APPROVED DATE: l DISAPPROVED DATE: '=*xREASON FOR DISAPPROVAL MUST BE STATED BELOW REMARKS-. NEW LICENSE 2010 l / COMM. OF POLICE: 6 m ty AFTER INS.1"ECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. f[ppslip2rpt CITY OF BUFFALO OFFICE OF LICENSES l,I .. T 313 CIT �xr��,� , BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO. COLLECTIONS OFFICE. APPLICATION FOR: SUNRISE MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: .APPLICANT NAME: APPL. PHONE- APPLICATION NUMBER: REFERRAL DA'L'E: REMARKS: DISAPPROVAL REASON: 108 WJI,l,IAM (716) 903 9053 tN 112VI'EM HASSAN (716) 903 -9053 553967 03/03/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY /DEPAR`L'MENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL RACK DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW** l ICI +,MARKS: INSPECTOR i <'i� �. /C��� 1 RM# �� EX I' AFTER INSPECTION PLEASE COMPLETE .AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 1?pSlip2.rpI ,(g qr 'yt rg�Vely�7 y;�g9q 7g �� (s P � Jp ql ������� .. YTa��Y 11YlAAFi 7L7` DT DEPARTMEN .�Or jLKA " EC 0,. AB ii V SER Y �CJ:+�S ; *l �� v � a va Ar � a x � , . � ()F)nC,E OF LICENSES 313 CY'1'Y HALL BUFFALO NY 14202 851 -4078 LICENSE APPLICATION PLEASE CHECK LICENSE CA'T'EGORY APPLMG FOR RESTAURANT BAKER'S C,ONFFC`fIUNLR RESTAURANT TAKEOUT CATERED FOOD STORE MEAT, FISK & POULTRY . Date December 5 ApplicarltNaaare H atem Aa Hassan Applicant HomePhone# .:903-9053 Applicant Address 135B Broadway, Bui_f 6, NY_ 142 (No" Street) (City; Town or Village) (State) (tip) Co- Applicacit Name Co-Appficalat Address_ (No., Stroet) ' - (City, 'Town or Village) (State) (Zip) CorpoptionNariie _....: N/A Dagl>rcorpoiated -- Rosiness Name Sitr1ris� Market I� to of Bi siiiess CC1tifxcat� " / $: Business_ A446ss • 108 wiii iara sttee (Na -, Street) : - 7, . .. (City, Town or.Village) L4 04 . . Mailing Address (if different than business address) (No., Street)' " (City,. -TowYt Or Village) {State) (lip) Business Plioa�e # 77 6 T'ax # .:. - . :.,,_•,._._ :.. State Tax ID Number 2 6- 0556419, Social Sel >ur4 # No, of_Bnlployees�._ • _�_ (Baker & Confectioxref only) AjpplrsantSi rlatuce Subsaibed and sworn to before ziae this Day. of � D ZD 08 EFE,S: rES AU . a -aD4 SEr� TS $114.QQ � ;' P ��,�, - 2oi- QQQ5EA'�'S ".�iSO,Qp , 4q �325.Q.Q RFSTALr"N£ Z'�oT3`L'lt:A'�`ERING $ 86:40 - IS AT, &sii &POMTRY "(2 YX0,J, $7 00 Notary Publ Fool) MRi �•�u ]BAKEWCOr�gFc�rrONER 0-1 :nrpr,ox� ,QQ :3-10 rOS,QQ 1 125 $357.60 26 5Q S�tS.OQ •IOHN P Jjj !R S1 204 W5.00 WatwyPublic Baia of hnsvv& lC RST appl Qu alifi ed ed €n Eris C ©u €lay RI (Rev. 1/93) Singl TC Communication to the Common COU1761 To. The Common Council: Date: April 1, 2009 From: Department of Economic Develop Permit & Insp ection Services Division: Office of Licenses Subject: [: Used Car Dealer 2086 Niagara St. (North) Type in U epp r and ( {: { Lo wer Case Only {: Prior Council Reference: (IFAny) {: Ext. ( Item. No. xxx, C.C.P. xx /xx /xx 'text ( Type Single Space .Below RVE ITIED AP R G S 2009 1A f Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 2086 Niagara St. and find that as to form is correct. I have caused an investigation into the premises f'or which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, .fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the police Department into the moral character of John Cretacci. The attached thereto for John. Cretacci dba/ Niagara Auto Sales Inc.. This request is submitted for your approval or whatever action you deem appropriate. ON LEGISILATIOW ' hype Department Head Name: JAMES COMERFORD Type Title: D �, UTY COMMI SSIONER S nature of Department Head: �• �^ h - r l ` j JC:PS:jad �v t� �l Interdepartmental Memo Date: April 1, 2000 To: James Comerlord, Deputy Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Commut deation Used Car Dealer at 2086 Niagara. Per Cit %ol`Bulfalo Ordinance Chapter 254, the following is a check list of requirements for a sed Car Dealer application to the Common Council: Zoning Office Fire Prevention ,building Inspection '`Police Department 0 . ` .Police Record Check J application 1 s a Director Permit &Ins Kati Services Dat , �J CI=TY OF BUFFALO OFFICE OF LICENSES 313 CITY IIALL IWFFAL(.), NEW YORK 14202 � INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSION F;it Oh POLICE' APPLICATION FOR: NIAGARA AU'T'O SALES INC. I..1Cri;NSIS.'rYl'I,: IJ) D CAR t)TAi,i it -= � BUSINESS ADDRESS- 2086 NIAGARA BUSINESS PHONE: (736) 873 -2086 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: JOHN CR TAC( '.1 APPI,.1 (716) 691-8014 APPLICATION NU117BFR; 552951 REFERRAL DA'.I`E. 12/09/2008 REMARKS: DISAPPROVAL REASON: NEW IJCVNSI? 2009 ---- ------------- --- ---------------- - -------- ----------------------------------------------------- _-------- _-;- ___.___._.---------- g a --( O BE COMPLETED BY AGENCY /DEl'A.RT`.MraN °f r2I?I'I RRED'l' )� a_ APPROVE D DATE: f C DISAPPROVE]) DATE: REMARKS: DISTRICT CAPTAIN: APPROVEil) DATE: .. . 7 . -- � DISAPPROVED DATE: 'REASON FOR DISAPPROVAL MUST BESTATED 13E )W �* REMARKS: COMM. OF POLICE: D eputy Commi ssioner AFTER INSPECTION PLEASE, COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppShp2Yrf �! IQ7l,- �ttevtseu ,�tya� TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FORii I There is a $10.00 fee to process this data. By trail, payment MUST be made by money order. ISO NOT send cash through the mail. in person, payment can be made by anoney order or cash_ Checks are not accepted. Make money orders 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 WELL NOT receive the requested information. ALL SIGNATURES MUST BE NAME OF APPLICANT SEA RACE - CURRENT ADDRESS: DATE OF BIRTH: SOCIAL SECURITY #: REASON FOR REQUEST: SIGNATURE OF APPL State of New York j County of Erie ) SS. City of Buffalo j on tile of`a.` �' L`_ �'�;__,; 1..- -.,.,� before me personally appeared : >� �e "s :' t _ , to :hie known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof. Notary - ii5lic /Commissioner of Deeds r� S 1 € ~�� . t .. ..... .............................TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL............... ..,..,....... ..... ............. RECORD ATTACHED - VERIFIED BY' I -A - �. 1 1 NO RECORD ON FILE DATE VERIFIED t ` - NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED, NOT VALID UNTIL S TAM PED _ CITY OF RU , OFFICE }y . OF LIC LICENSES 3 CITY HALL BUFFALO, NE YORK 142112 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN F'ITZGLRALD APPLICATION FOR: NIAGARA AUTO SAUS INC. LICENSE TYPE: USED CAR DRAI.ER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL .DISTRI P DISTRI APPLICANT NAME: APPL, PHONE: AP.PLICA`I'.ION NUMBER: REFERRAL DATE: REMARKS: D)SAPPROVAL REASON: 2086 NIAGARA. (716) 873 -2086 JOHN CR "J'ACCI (716) 691-8014 552951 12/09/2008 NEW LICENSE 2009 (TO BF COMPLETED I3Y AGENCY /DE:PARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED API'ItOVI?,I) DISAPPROVED DISAPPROVAL CALL BACK DA 1 4 DATE: DATE: * * *REASON FOR DISAPPROVAL MUST BE STATED BELOW'** REMARKS: INSPECTOR �1 RM# � -' EX "I' �~ n / 5 AFTER INSPECTION PLEASE COMPLETE AND RETURN TIIIS REFERRAL OF TH OFFICE OF LICENSES. THANK YOU. 4ppstrp2.rpf CITY OF BUFFALO OFI +ICI+, OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KE VIN I".I"1 /GERAI-D APPLICATION FOR: NIAGAIZA AUTO SALES INC. LICENSE TYPE: USED CA,IZ. DEALLR BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE APPLICATION NUMBER. REFERRAL DATE. REMARKS: DISAPPROVAL REASON: 2086 NIAGARA (710) 873 -2086 J01 IN CRETACCI (716) 691 -8014 552951 12/09/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCYIDEI'AR`FMENT RF I?.I(REI) TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL, CAL 1, BACK DATE: ' **REASON FOR DISAPPROVAL MUST BE STATED BEI,OWx1* * REMARKS: INSPECTOR - RM# ��%� I?:X "T -: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. ,pp&ip2.rpr CITY OF BUFFALO OFFICE OF LICF.NSF,S 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: FIRE PREVENTION REFERIRED TO: LT. POCZKALSKI APPLICATION FOR: NIAGARA AUTO SALES INC. LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2086 NIAGARA (716) 873 -2086 JOHN CRET'AC "C:I (716) 691 -8011 552951 12/09/2008 NEW ,ICENSE 2009 (TO BE COMPLETED BY AGENCY/DE,PARTMENT REFERRED TO) .MAX. NO.OF VEHICLES ALLOWED APPROVED DATE: DISAPPROVED DATE: D:ISAPPI2OVAL DATE: CALL BACK ***REASON FOR DISAPPROVAL MUST BE STATED BELOW**"' REMARKS: h INSPECTOR � !,; . ,� >� �. � c j (i RM# EXT } l 1 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppVijy2.rpr 00L.A1't'i .J v J V OFFICE OF LICENSES 313 CITY HAL.L B UFliALO, NEW YOU 14202 85I -4078 LICENSE APPLICA`T'ION "PLICATION MUST BE COMPLETED IN FU P1iO'I'O ID REQUIRED AT 1TME OF APPLICATION NO EXCEPTIONS (PLEASE CHECK LICENSE CATEG4)ItY APPLYI`NG "R) A USED CAR, HEALER SECON1iA`1I DEALER GARAGE SALE WHOI ESALi JUNK 4 A � i 1. ,S CRAP PROCESSOR .3 Ms _ __yAWNBIROIER __FLEA MARKET (NO- OF - VENDORS -) !/)3 DATE APPLICANT HOME PHONE �S,PPLICATVT ���� ��`` � - 7 _ APPLICANT ADDRESS r � (7.1P) (NO,,&TItEF1I (CITXII'OWPICI1�VIi,I.AGE) (STAT`:) CO- APPLICANT NAME_ _ � — CO-APPLICANT HOME PHONE CO- APPLICANT ADDRESv (No., STREET) (CITY, TOWN OR VI1LI AGE) {STA Imo) (ZIP) CO RPORATION tA2121F ° y �'I/ z ( _ DATE INC'.ORPOItAT}� I) c 0 BumESS NA[vIE ._z l �� BUSINESS ADDRESS— - � BusIT�dF55 Pt ON1L �? ` ' 1GA7C# AYPLICAN I FIOME PHON STATV TAB Ii) NUTvIB ' ``q _ ARE YOU A U.S. CITIZEN ]>ATE. OF AIR U—AW PLACE OF BIRTH_. - -._ ,. _._ �— II:AVE YOU EVER. BEEN CONVICTED OF A CRIME? —l IF, SO STATE WIZEN, WHERE, NATURE OF OFFENSE AND DISPOSITI(?N_ LIST PRINCIPAL OFFICERS OF CORPORATION (IF APPLICABLE) (NA117I';) (ADDRESS) (NA (AT7RFS5) _ ) � t t' er t �)e C'tg fiox; Y s i Cep t (FIAML) (ADDRESS) (NAME) G�UllRIESS) c (NAM7�) EADDRFSS) (NAME) (ADDRESS) (PAwNBROI ER ONLY) GIVE SCHEDULE OF RATES PROPOSED TO. BE CHARGED Applicattt5ignature j' Subscribed and sworn in before me this. Dap Pf f� Z0 L )~ Carnrtcrssiancr of'Deeds in 'an for the 0 CVy of Buffalo, New York a NON REFUNDABLE APPI1YCA` ON F F '16"l. } Mr. Fontana moved: That the above communication from the Departrnent of Economic Development, Permit and Inspections Services dated April 1, 2009, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Econornic Development, Permit and Inspections Services be, and lie hereby is authorized to grant a Used Car Dealer license to John Cretacci d/b /a Niagara Auto Sales, Inc. located at 2086 Niagara Street. Passed, 26 TAB:rinv T: 1wp601riiswordVntv12Gc4- 14a.duc f *AYE* NO * DAVIS * FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL * sk [ MAJ 51 * * a [213 e 6] [314 - 7] 0002 #I (Rev. 1/93) Sin' lg e Pa & Communication to the Comnron Council i` To: The Common Council: Date: April 3, 2009 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Used Car Dealer [: 490 Seneca St. (Ellicott) Type in Upper and I Lower Case Only j L Prior Council Reference: (If Any) Ext. ( Yell! No. xxx, C.C.P. xx/xx /xx Text (Type Single Space Below Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have cxamined the attached application for a Used Car Dealer License located at 490 Seneca St. and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Tire Departnent 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 Peter Pena. The attached thereto for Peter Pena dba/ Porky's Antomotive Repair.. This request is submitted for your approval or whatever action you decnn appropriate. O N k-s.t „'tae KS .�' S NO N. I'vpe Department Head Name: JAMES COME;RFORD Type Title: DEPUTY CO_MMI,SSIO .. r� I 1 � t Signature of Department Ilead: JC:PS:jad Interdepartmental Memo Date: April 3, 2009 To: Tames Comerford, Deputy Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Used Car Dealer at 490 Seneca St. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Used Car Dealer application to the Common Council: Zoning Office Fire Prevention Building Inspection Police Department �0 Police Record Check Application PITY OF OFFICE OF JAC: ii -NT I S 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: FIRE PREVENTION REFERRED TO: LT, POCZKALSKI APPLICATION FOR: PORKY'S AUTOMOTIVE REPAIR LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: 490 SENECA BUSINESS PHONE: (716) 289 -9359 COUNCIL DIS'T'RICT: POLICE DISTRICT": APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE REMARKS: DISAPPROVAL REASON: PETER PENA (715) 464 -3839 553494 03/05/2009 .(TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# NEW LICENSE 2010 EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlipl.rpl CITY OF BUFFALO OF F -I: OF LICENSES 31.3 CITY BALL BUFFALO, NEW YORK 14202 jjjj 6 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: PORKY`S AUTOMOTIVE REPAIR LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: 490 SENECA BUSINESS PHONE: (716)289-9359 COUNCIL DISTRICT; POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: PETER PENA (716) 464 -3839 553494 03/05/2009 DISAPPROVAL: REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 3 DISAPPROVED DATE: REMARKS: IUSTRICT CAPTAIN: 1 / • 1 • / • f NEW LICENSE 2010 DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: ' COMM. OF POLICE: Dea._ Uty r — ��� � _ AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppShp2:rpi CITY OF BUFFALO OFFICE OF I,I('FNl, 313 CITY HALL BUFFALO, NEW YORK. 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERAL.D APPLICATION FOR: PORKY`S AUTOMOTIVE REPAIR LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: 490 SENECA BUSINESS PHONE: (716) 289 -9359 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICA'T'ION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: PETER P E NA (716) 464-3839 553494 03/05/2009 NEW LICENSE 2010. (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED =APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS- INSPECTOR RM# Z Z� EXT ! ' :/ 6 f f i AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlip2.rp( CITY 00141IF FALO OFFICE OF . JCk NSF S 313 CITY FALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN Fff'ZG'sRAI_D APPLICATION FOR: PORKY'S AUTOMOTIVE REPAIR LICENSE TYPE: USED CAR DEALER NEW LICENSE 2010 BUSINESS ADDRESS: 490 SENECA BUSINESS PHONE: (716) 289 -9359 COUNCIL DISTRICT. POLICE DISTRICT: APPLICANT NAME: PET RR P E N A APPL. PHONE: (716) 464 -3839 APPLICATION NUMBER: 553494 REFERRAL DATE: 03/05/2009 REMARKS; DISAPPROVAL REASON; (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DATE:. SAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# r/ EXT r AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2,rpt P -147C (REV. 3/96) A PFI VC A �T10 RELY - Qm FOR�,1 ,[y 1 J130.id'1\ 1 V �.u.ts.✓ JL'1 tll1.i1L'1 Ji' 8111.VH TO BE M ILED TO. BuffOo Police Department Meutification Section 74 Franklin Street Buffalo , New York 14202 There is a l0_QO fee to process this data. By mail, payment MUST be inade 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 Bu i ll€s 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 allotary Public (or) Cornmissianer 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 MVST HE ORIGINAL NAMIE OF APPLICANT :_ SEX y�t�l � � - ICI CURRENT ADDRESS: — DATE OF BIRTI I: SOCIAL SECURITY #_— REASON FOR REQUEST 3n i F. C 01" /MAIDEN NAME r URE OF APPLICANT i✓. �. DATE �--- -�-�- STA TE OF NEW YORK ) COUNTY OF ERIE ) SS. c1TY OF BUFr ALO r before m (J, On the v day of / _ _ �,0 e personally appeared Z to me known to be the same person described in, and who executed the foregoing ins f. in strument arrd ack- nowledged the execution thereof . Notary - N . blic I Commissioner of Deeds * TO RE COMPLETED BY Ii[DIF;I� TIFICAT ION SECTION PERSONNE RECORD AT I'AC`REID VERIFIED 13Y: `r ��'G. rA NO RECORD ON FILE DATE VERIFIED c`' Z ar ( mg,� E�T�+ g�pp� ~' g�+ ar BASED Ate, N p, tai -� P Iy I v ,� ID NTI y y N D N gyg,�� - p gta,i 1V � �+: USE OF TriARS INFORMATION ks� l@ ®� HDf��Y�A� �AV Y`�1V��JiV� ri'ail' ,&1CL�ki &. G�ll�.�Tk1 ®1 V. NY� A�' ®T fl�le+A.�RiV AFTER 60 DAYS FROM DATE VERIF~I�,ID..I�1 ®� YA S.,II� IJ1�Il]L S I��Mk�IF1�. U._ AL,O 'OLICE L �EPARTMFNT CRIMCNAL, BACKGROUND REPORT i .J DATE OF INQUIRY: 03/02/2009 13::38 NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY, ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT. -... - ...._ _ SIB NAME:: PENA, PETER DA T I, OF BIR1 I-1 RACE: Black ADDRESS: 164 CONGRESS ST BUFFALO, NY 14213 BUFFALO, NY 14213 SOCIAL SECURITY it: PCN: 07827686 NYSID: BOOKINGIALIAS NAMES: PENA, PETER WARRANT tt: WARRANT/WANT INQUIRY - REFER TO THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS, THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BY LAW, BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND/OR FEDERAL RECORD DATA F €LAS. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS Fop; - NY pT� I' R ERIE COUNTY POLICE AGENCY. t .. ....... - ARREST DATE REFERLNCING AGENCY ? DISPOSITION CHARGE 0911212009 BUFFALO POLICE DEPARTMENT Z ; PL 240.26 01 PL 240.20 03 PL 240.20 01 PL 205.30 PL 195.05 04/2412002 PL 165.45 04 PL 265 02 04 04/2412002 PL 220.50 03 PL 220.50 02 PL '220.03 PL 265.01 01 PL 1L1�.0 °5,- 1012 9 12[) 0 5 I REFER TO: BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT REFFR TO: BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT REFER 10: BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT i.3 I, L) 1�r.:)I...ICE DEPARTMENT rZE =FE;f. TO BUFFALO POLICL DEPAR Dill -N 1 I :: (j1= Fp,I_t:► l iEly r 6'ALi1 h 'I li,;i 1 4- ! '; =,I{ 1 I 1� ) BUFFAW POLIC" OLPARTMENCT CRIMINAL BACKGROUND REPORT DATE OF INQUIRY: 0310212009 13:38: NOTE: THE FOLLOW I ING CRIMINAL HIST . ORY REPORT INCLUDES BUFFALO ' PLICE D P IN R H REPORTMESTS ONLY. ARRESTS BY AGENCIES OUTSIDE HCIY OF BUFFALO RE NOT IN OCLUb � PL 240.26 01 REFER TO: BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT PL 120.00 01 REFER TO: BUFFALO POLICE DEPARTMENT PL 265-01 01 ' fl Cheektowaga Pollee Department' 3223 Union Road Cheektowaga, New York 14227 (716) 686 -3945 LOCAL CRIMINAL BACKGROUND REPORT Date: 3/3/2009 Alias: Name: Peter Pena Street: 288 West Avenue CITN: Buffalo Former Address Street: 164 Congress Street CITN: Buffalo State: NY , Zip Code: 14201 State: NY Zip Code: 14213 DOB: Date of Arrest: 4/20/2002 Offense: Complainant: Disposition: Judge: Date of Arrest: Offense Complainant: Disposition: Judge: PL 220.03 Grim Poss Controlled Sub Police Red. To PL 240.20 Disorderly Conduct - Conditional Discharge /$200 Fine Kolbert 6125/2002 REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH.IS BASED UPON INFORMATION RECEIVED FROM THE AGENCY AND /OR PERSON LISTED ABOVE. THE CHEEKTOWAGA POLICE DEPARTMENT CANNOT CERTIFY THAT THE PERSON IDENTIFIED IN THIS REPORT IS THE SAME PERSON BEING CONSIDERED FOR EMPLOYMENT BY YOUR AGENCY. USE OF THIS INFORMATION IS REGULATED BY LAW. THE INFORMATION SUPPLIED HEREWITH IS A SUMMARY OF INFORMATION FROM THE CHEEKTOWAGA POLICE DEPARTMENT. NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. BUFFALO CITY COURT OF ERIE COUNTY NUMBER: 99757 THE PEOPLE OF THE STATE OF NEW .YORK. VS PENA,PETER DEFENDANT DATE OF BIRTH 166 CONGRESS STREET 009556779Y --------------------------------------- -------------------------- ADDRESS NYSID NUMBER BUFFALO NY 14213 11/01/2001 -------------------- ----------------- - - ---- --------------------------- CITY STATE ZIP DATE OF ARREST /ISSUE DOCKET NUMBER: 2001ER018513F SUMMONS NO: 145.05 ARRAIGNMENT CHARGES CASE DISPOSITION INFORMATION: DATE COURT ACTION JUDGE -------------------- PART ------- ----- - - - - -- 11/08/2001 ------------------------------ CCTRANS MCLEOD,J 9A 11/15/2001 PGSI $100,CD =1Y VOLCY,P 6A PG 240.20 11/29/2001 EXS MCLEOD,J CASHIER -9 FINE = $100 PAID I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS COURT. "yam. 03/04/2009 ___.------- ------- --- --- -- --------- FEE: 5.00 COURT - OFFICIAL SIGNATURE AND SEAL DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL.) FREQUENT CO CODES FOR BUFFALO CITY COURT DISPOSITIONS 110- before a charge means attempted(ex:110- 155.25 /attempted petit larceny) ACQ- acquitted after trial AFC /adjourned for compliance ACD55 /ACD56 /adjouniment in contemplation of dismissal on Next court date(ACD56 re: marijuana charges only) CD =1Y/ conditional discharge =l year COR/certificate of relief from disabilities granted/ COR DENIED /certificate of relief denied CPlcontinue payment CS /community service CVAF /crime victim assistance fee CWO /complaint, arrest warrant ordered D- 170.55 /dism and sealed under section 170.55CPL(Criminal Procedure Law)(ACD is over)sealed & off crim hist D- 170.56 /dism and sealed under section 170.56CPL(Crimin.al Procedure Law)for marij. charge only ,off crim hist DNS /do not seat per Judge D160.50 /dismissed and sealed under section 160.50CPL(Criminal Procedure Law)sealed and off criminal hilt. 160.55 CPLIPARTIAL SEAL under section 160.55CPL(Criminal Procedure Law)sealed as to fmgerprints,mug shot DISCH- COMP /discharged from compliance (Only,case remains on criminal hist. DISM /dismissed/DISM -IJ dismissed- interest justice DISM- DIR/dismissed for direct presentment to the Grand Jury(supreme court) D -FAIL PRS /dismissed- failure to prosecute D -UD /dismissed do to guilty finding/plea on unrelated docket number shown. D -RD /dismissed do to guilty finding/plea on related docket number shown. EXS /execution of previously imposed fine or surcharge due /sent to collect civil/ or states PAID if paid to the court HGJ or EGJ or WGJ/held for the grand jury/Supreme Court IMP =TS/ imprisonmewtime served IDVllntegrated Domestic Violence Court LS =90D /license suspended 90 days/LW- revoked PCD /pending court decision PG /plead guilty PGSF plead guilty, sentence imposed PGI &S /plead guilty, investigate & sentence' PROB /probation PROB T -WC /probation terminated without comment RESV CAL /case placed on reserve calendar to next court date(if no further action, will be dismissed) ROW /returned on warrant SI/sentence imposed TFG /tried and found guilty TFGSVtried and found guilty, sentence imposed TOD /trial..order of dismissal TFGI &S /tried and found guilty, pre - sentence investigation ordered, adjourned for sentence TRANS /transferred to another court UD /unconditional discharge VOCD /violation of conditional discharge / VOP /violation of probation WO /warrant issued and pending WV /PV/ warrant vacated/plea vacated WO -S /warrant- stayed until next court date(non appearance letter sent to defendant giving new date before a warrant is issued. When a plea is taken to a charge(M), or if tried and found guilty of a charge(TFG) the remaining charges(if any) are dismissed * ** CERTIFICATE OF CONVICTION - IMPRISONMENT Sec. 380.60 C.P.L. AT A TERM OF THE COUNTY COURT held in and for the County of Erie, at the Erie County Hall, In the City of Buffalo, on the 3 day of MAY, 2006 Present - Honorable TIMOTHY J. DRURY, JCC INDICTMENT NO: 2005 -2538 SCI NO: 26201 THE PEOPLE OF THE STATE OF NEW YORK ADA: G. PINCUS DC: T. EOANNOU AGAINST CR: L. DULAK PETER PENNA DOB: DATE OF ARREST: 10 -29 -2005 The defendant above having plead guilty in this court, on the 17 clay of JANUARY, 2006 of the crime of CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE THIRD (3 DEGREE, PL 220.16 -12, "B" FELONY personally appears this day Tar judgment, the Court informs the defendant, the defendant's counsel and the District Attorney of their rights to make statements and rebuttal to the Courts remarks under Section 380.50 of the C.P.L. Judgment is thereupon pronounced that the said defendant be imprisoned for the term of CUSTODY TIME: THREE AND ONE HALF (3 1 /2) YEARS DETERMINATE; THREE (3) YEARS POST RELEASE SUPERVISION; SECOND FELONY OFFENDER; $250.001$20.00 MANDATORY SURCHARGE /CVAF IMPOSED I HEREBY CERTIFY the foregoing to be a true copy of the entry of Judgment upon the minutes in the above - entitled action. WITNESS my hand and the seal of said court this 2 Day of MARCH, 2009 � 00) WL,c - a -u� KATHLEEN C. HOCHUL Erie County Clerk r ; CERTIFICATE OF CONVICTION- IMPRISONMENT Sec. 380.60 C.P.L. AT A TERM OF THE- SUPREME COURT held in and for the County of Erie, at the Erie County Hall, In the City of Buffalo, on the 13 day of NOVEMBER, 2002 Present - Honorable RICHARD C. KLOCK SR, JSC INDICTMENT NO: 2002 -0876 SCI NO: 21117 THE PEOPLE OF TITF STATE OF NEW YORK ADA: M. McCABE DC: M. D'AMICO AGAINST CR: M. RAINS PETER PENNA DOB:+ DATE OF ARREST: 04 -24 -2002 The defendant above having plead guilty in this court, on the 25 day of JULY, 2002 of the crime of CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FOURTH (4"") DEGREE, PL 165.45 -4, "E" FELONY personally appears this day for judgment, the Court informs the defendant, the defendant's counsel and the District Attorney of their rights to make statements and rebuttal to the Courts remarks under Section 380.50 of the C.P.L. Judgment is thereupon pronounced that the said defendant be imprisoned for the term of CUSTODY TIME: THREE (3) MONTHS; FIVE (5) YEARS PROBATION; $1,000.00 FINE; $200.00/$10.00 MANDATORY SURCHARGEICVAF IMPOSED I HEREBY CERTIFY the foregoing to be a true copy of the entry of Judgment upon the minutes in the above - entitled action. WITNESS my hand and the seat of said court this 2 ND Day of MARCH, 2009 t KATHLEEN C. HOCHUL Erie County Clerk CITY OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES OFFICE OF LICENSES BYRWN W. BROWN Mayor APPLICATION MUST BE COMPLETED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS (,PLEASE CHECK LICENSE CATEGORY(S) APPLYING FOR Rate 6ZAj f t 20 -- ft Y USED CAR DEALER GARAGE SALE SECOND HAND DEALER BRIAN REILLY Commissioner JAMES COMERFORD, Jr. Deputy Commissioner SCRAP PROCESSOR WHOLESALE JUNK (JUNK YARD) _ — PLEA MARKE`I' (NO. OF VENDORS APPLICANT NAME - P �f PIIONE NO. ADDRESS {NO., STREET•) (CITX,TOWN, OR VILL E) ( STTATE) (ZIP) APPLICANT DlO/B , PLAC1 OF BIRTH C L i.' t &11(, UNITED STATES CITIZEN I17EN _ (YES) —(NO) IIAVE YOU EVER BEEN CONVICTED OF A CRIME? j CORPORATION BUSINESS NAME rPIIONE NO. —` BUSINESS , TOWN OR VILLAGE) STATE TAX ID NUMBER ! `C INCORPORATED ATE) - 1� -"�, ia= Applicant Signature Subscrr ed and sworn to before me this day of ' i(R ZO l Commis ter of Ueeds..i n for the ,:.,k etty�6y o ara, rv o. ; NON REFUNDABLE APPLICATION FEE office of Licenses :._ar�S�� 05NIAG,�it_ASQUARE, 3t,�KrrYHAT.L t 3 ,' ( BUFFALO, NY 74202 -3303 (716) 851 -4078 / FAX: (716) 851 -4972 FROM THE COMMISSIONER OF HUMAN RESOURCES April 14, 2009 Q90�S CITY OF BUFF DEPARTMENT OF HUMAN RESOURCES Personnel Division BYRO N W. BROWN Nf A yolz Memorandum DATE: April 3, 2009 TO: Common Council FROM: U.G.11erndon -Hill Director, Personnel CC: Karla L. 'Thomas Commissioner, Department of Iluman Resources KARI:.,.A 1,. '1 HOMAS COMMISSIOWR G.G. HER NDO - (11.1..1. DIRECTOR StJBJECT: New York State of Labor Occupational Safety and Health Training and Education Contract Number T'0l 3129 Please trod attached the copy of the contract for the 2008/2009 Occupational Safety & llealth Training and Education contract. The City of Buffalo has been successful in obtaining grant funds for an employee Safety and Health `braining Program through the New York Department of Labor - Contract Number TO13129. The amount of the grant is award is $10,786.00. There is no City match involved with this grant. The safety training grant was sought in order to protect our employees by training; them to prevent injury and also to migrate the costs associated with injury. The funds are to be used by the Department of 1 lurnan Resources for an employee safety training program to be conducted by Erie Community College for workers in each city department including the Common Council and City Clerk. Sessions will provide training to indivuals for proper techniques and use of appropriate equipment in carrying out their work responsibilities. The following topics will be covered in training sessions: Back In slips and falls, job stress, protective equipment, workplace violence, hazard communication and indoor air quality. I am therefore requesting permission from your Honorable Body for the City of Buft'alo to accept grant money funds from the New York State Department of Labor to implement this grant, and to set up an account receivable for this purpose. 05 NIAGAIZA SOUARE /1007 CITY I JAIJ. / IRIITAI.o, NY 1.42o2 -3310 / (716) 851 -45900 FAY: (710) 851 4968 / www.city- I'LIffllOX01T1 City of Buffalo T013129 Appendix B NEW YORK STATE DEPARTMENT OF LABOR SCHEDULE I , Planning Summary Contractor: Ci of Buffalo Address: 65 Niagara Square Room 1009 Buffalo, NY 14202 Liaison: G. G. Herndon -Hill Address: same NYSDOL Liaison: Jeff Stein Address: NYSDOLfOSH T &E State Office Campus Bid 12 Rm 166 Albany, NY 12240 Submittal: FY 2008 -2009 Contract Number: T013129 Phone: (716) 851 -5900 Original X Mod # Increases Funding Decreases Funding Changes End Date Phone: (1) 851 -5900 Fax: 716) 851 -4968 email gherndonCftity- buffalo.com Phone: 518 457 - 4452 Fax: (518) 48_5 -6082 email Jeffre .Stein labor.state.n .us From: From: From: Funding Source: OSH T &E 305 Fund Contract Dates: 8/112008 through Program: 2008 -2009 OSH T &E Total Obligation: $10,786 to to to 7131/2009 Original/SFY 08109 $10,786 6/30/2009 SFr Total: $10,786 Year Amount Lapse Date Year Amount Lapse Date Renewal 11SFY SFY Total: Year Amount Lapse Date Year Amount Lapse Date Renewal II/SFY SFY Total: Year Amount Lapse Date Year Amount Lapse Date Renewal I II/SF SFY Year Amount Lapse Date Year Amount Lapse Date Total: Renewal IV /SF SFY Total: Year Amount Lapse Date Year Amount Lapse Date .Budget City of Buffalo Contract Master 7% reduction.xis Planning Summary 14/2/2008 4:18 PM 1. Staff Salaries $0 2. Staff Fringe Benefits $0 3. Contracted Services $10,786 4. Other Costs $0 5. Total Contract Costs $10,786 6. Total Match Costs $0 City of Buffalo Contract Master 7% reduction.xis Planning Summary 14/2/2008 4:18 PM City of Buffalo T013129 NEW YORK STATE DEPARTMENT OF LABOR Contract Budget Summary Program Name: 200 8-2009 OSH T&E Contract* T01 3129 Appendix B (Budget Summary) Contractor Name: City of Buffalo FY: 2008 -2009 Check One. Original Contract: X Modification: Mod # $10,786 GM 314 (12 -93) {� f2%tii $0 $i] $0 $0 s:r City of Buffalo Contract Master 7% reduction.ads Budget Summary 1012/2008 4:18 PM �r:''.,�.:,' � < }:•:'' rl, , :ref :'r,':):�: '''r.• $ y ,,y,',}±';1,:5i <;r >:,i:� t h,•. .: �y i } ) , } ,� iv,•y, a. staff ti:• sai�es $o B. Staff Fringe Benefits C. Contracted Services $10 D. Staff Travel E. Equipment $0 F. S acetUtilities G. Other O erati enses H. Miscellaneous Partici ant enses 1. Participant Payments $p $10,786 GM 314 (12 -93) {� f2%tii $0 $i] $0 $0 s:r City of Buffalo Contract Master 7% reduction.ads Budget Summary 1012/2008 4:18 PM City of Buffalo T013129 Appendix B (DBP 1) :.}:_.•• ; };'',': {• } }:.]'.:.:. }':::::.:' u r. ?.:. }; }r } •.. tS: S' R:$:::; �ti:: "tiS:'r,�: }:,?:5'r,Y..$:'::: ; %;': { ? {';X:,�S¢:s;y. yy;•;:{•: �: n .r.... r.. ...v..... ; , :;rr .'<:r• " }:s;: r' +'{ }}' { %:Y �i'�s.. . },{ .: {:: :r1s•:4.1� }' , k;:r, r:; {: :i ?5 }r r J., .,! <Y� n •, /. :.} • }Y:4 ^ cis: t::;;,,. :; { {,p'':`;': }�' ?'•:�' ? { ^�:�f3t 5Y:�•;.: +h; };;; ?;;i., :i}: {:: :': }::�f.'•'rr ^.�.. 4i:: r..S:.Yfs:p; {<r.�.,r. .c.f:,r;:: }:t ?; : r. �' �. .:'� •'.'ii ^•s � vr.,:• "%fo-:' }r, ?, };,,, }. ,�: ,:::�:.{.: s r: +rr,�• ... ,'., •.rnr: Yr r•t.vr w�:•: :. 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'y'y' °vr:> ?; {'•i ?4 � tii {�}L }:: h ,:,,•.:.: •;'vr. .. ,,. %E "`b:;' i4S:• :er {r:'r; •kh }k':p; { {:; { ? nU. ....... .... ..`�'r�... ,.:'4`:•rr!v- r,V:? ti: }�' } �' } ' v < ;:: ,;?,$'r.:ji:l; ?;r }f {.:::; }ii. r' }l:}} '::� :4:. .7,. rt'. :•: }''' ::a':, :.`} ?� ':ti' {�:V'�:? •t{4 'i ?! }+ }, °{?':• • }r. '•S:: }:•it::�; �i:::::::::s:;:�sr �:i .... }.': ,u . {. �,•lr i . fi:q {• ^'• '� ?,,n. r.•t, •.r4: ... . {2 ? :.. .,ti Y, .}. $Ci2i'S.4dr s {. : / ?' . •i:'tir?i} i.S:. ,> ti•fi:; "},:'• '`�i .:: {1 . ,., r, . ••% + w•rF• $r, :4�` :'fig .' ." •:7 '•f' ':h'}s.,i� +7. ;: ?r,.�: }:s;.}: `i• }J •r rrY. , } %.;;. 1 •'•'• \rf .•...i',r •r JrA?r}i -•:r ��'' ?i:;:�:;y .,ti { t '✓..: v.0 �u ht•. ?. :. •}: Y.f' :;s r:• \iQk '{' �..':�."4ti: a,•�ir. •:. Y,. Y'• :,•r .tv.• •r'✓+ s n ^ > .�. rY ••C .1:: �i'1�R:•l. ..t i.:t„ ,V�r• ,,.r },. tiS .. 4vr.tv,.vy: M1 V :v:{ r } „• }'n•'k„ . r: ?•: 'r.i�. r� ,7e {,r `§,• :, r:r•> `� t •• �S'4'. 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CONTRACTED SERVICES (') i' }.{:; ;:: }r:a;• } }:'•.:; Y• }:till• }::: ,:.;r•:3{ ^.:.; •. �S};:j :•tr ?' .!l},Y.s:Y' ,.d ?$i ' ?'f.•': .�:: A•:i4 ^!.y rrfsiY.•.iv, .;$i. : }v`'r ° .:F.'v.., \ S .... r.. n;• ;} :�11 }:;•:.�:.t:i•: r.!4,., ..Y::.s ^ , 1 :';.: ,. ••.i' ss ::,, ..?. ., .iY,. r:\ �: F. r. . ^.• ?:.a..•• /•: h•'4 r}:yr• :: 1'• .1. :rl !t'F }; .hr.7xi? .{.! '.yti A jr �r•• y��11y r:S•$. .}'.a. .. r { :ti•i r :::{C ;; } {.` lJ,: k .}: r.ti•. h i. r :. £:: �.!• t:Cr{ :::,: 'r! {$! :!1'. :w =q;, �'r,`4i; "•'4£: :• "4�•: "nt ,Fi"':T 1s X .,r. Erie Com munity .� ..e4i R�x'i 'it•�Y•} !u rnunit oil ( {;,ti ..!i•, "`^:'. {'�ii"a'lr Jr r•:•:' } }' :tiC'? r. �. }, s, :. .'!!i'::iti { y: • •$Y•'fi� s:. r,v' }•„'.. ..'...en1r {.s a,:.i Y,{'•: •l�tt •.t •. .''ti ? :,4 :..i rr r:1rr .l:} .. \i; iRsr v }r ;�v •, +•Sfs'.. 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's {n t $' Y:tih'•:• : a Er .SL'•.v � �, .rr, k . =?, #:r: ` V , Y•, J r{: r•,�. , .•b{Y. „o,,� ,'f.. 4:}. }.} ,W„ , \ }s} {. :.y :, f, .1 ✓ rf,'i'^ ..�•: ,.�' f {i4 :•' =U�r.••k•:.: r ' }; rr r.• :.✓. : r,. r ,�r. ; ., ; .v,,,...fs';. i "•;S "$'�:•i� ?k:v:7v ?rYSS�i•':v .. f.:' .,?,.. , : a. .: .k•Ytv:.. n. . � v }' :i8'09 i:•r.: ='J.:::: : :'n : s •h {•ti:• }S }::. rr }5v,•,r:: r, „ }rr,;. ;{.vr :,'}• ✓..r.r•vr•. •} r',t:r,. �;. n:: s..,, • "v'r5' :•.,Yi �'.} {tirV :ti�s'•:,•n i v r..M1• >.,..t..•.•.•�•.•, n ?7 �r'�J$. .: v �ti•}•: +?•a' � •:.,�, .:•A• /•r; > %'d':i.., r, :,, . {. r . .. �fe:ti•' •r 'nS7Y ..4..ti:e$:�'n'? ; {:j 4' �: •••'� { }.� . ✓,:;r {:• :• „ }x }S:M1`�'J=. :::!.rv,,L4 "'Mrr i :•. �O 'y'`'r r ': f::Yr ,e r: :v :{a. +, ✓: f„ ..t,....r m: ,�: ra • .,•r •rYSx•xv...t •:t,'w r'5,.�' C,.$:�e r•A�C:A � ;, Lf�• > f �,!: f s'J:Sr h: ,�.d •r.• x : p i : >.it2�'s GM 314.3 (12 -93) ( Y: fi.a•, v.:. ,sn r, ✓..•fi Yfi:.vvti..:..{St• r•7 ^ r. t r ✓:� rk: SO City of Buffalo Contract Master 7% reduction.xls ©BP (3) 1012/2008 4.18 PM City of Buffalo T013129 Appendix B (DBP4) r G. OTHER OPERATING EXPENSES ALLOWABLE OTHER OPERATING EXPENSES INCLUDE THE FOLLOWING TYPES OF EXPENSES: TELEPHONE PRINTINGIPHOTOCOPYING POSTAGE ADVERTISING INSURANCE/BONDING CONSUMABLE SUPPLIES IF ANY OTHER TYPES OF OPERATING EXPENSES ARE INCLUDED, PLEASE LIST: H. MISCELLANEOUS PARTICIPANT EXPENSES ALLOWABLE MISCELLANEOUS PARTICIPANT EXPENSES INCLUDE THE FOLLOWING TYPES OF EXPENSES: TRAINING MATERIALS TESTING MATERIALS PARTICIPANT TRANSPORTATION IF ANY OTHER TYPES OF MISCELLANEOUS PARTICIPANT EXPENSES ARE INCLUDED, PLEASE LIST: GM 314.4 (12-93) City of Buffalo Contract Master 7% reduction.xis DBP (4) 10/2/2008 4:18 PM City of Buffalo T013129 GM 314.5 (12 -93) Appendix B (DBP5) SO City of Buffalo Contract Master 7% reduction.xls DBP (5) 10/2/2008 4:18 PM 1. PARTICIPANT PAYMENTS Budget Narrative p. 1 CO^NTR^^T BUDGE w i�ir�RA T IN /jUS T IF TION (Page PLEASE PROVIDE THE FOLLOWING ADDITIONAL INFORMATION IN SUPPORT OF THE CONTRACT BUDGET, AS NEEDED, The Sub - Contractor, Erie Community College will provide a total of approximately 92 hours of instructional training at a rate of $125 per hour, including all travel time, preparation, and training materials. Total contracted services will not exceed $11,598. An additional reduction of hours will be made to accommodate the 7% reduction in funding. Total contracted services will not exceed $10,786 after the reduction in funding. Contract Narrative 08 -09 10 /02 /08 04:19 PM Budget Narrative p. 2 C ON TRACT uuuuc 1 ivH�r^crcH i i V �C►.iu� r iri� i NVIiV gage L) Contract Narrative 08 -09 10/02/08 04:19 PM City of Buffalo T013129 Budget Narrative p. 3 City of Buffalo Contract Master 7 % reduction,xls BNJ (3) 10/212008 4:18 PM CONTRACT BUDGET NARRATIVEIJUSTIFICATION (Page 3) Cityof Buffalo 7013129 Budget Narrative p. 4 CONTRACT BUDGET NARRATIVE/JUSTIFICATION (Page 4) City of Buffalo Contract Master 7% reduction.xls BNJ (4) 10/2/2008 4:18 PM vufu7rv�3 knrr) FACE PAGE RONALD N. LLINGHINO Notary Public, State of New York Qualified in Erie County My Commission Expires Nov_ 10, cZA.��___ Contract Number:T013129 New York State Department of Labor Amount of Agreement:$11,598 Governor W. Averell Harriman Contract Period: August 1 2008 to July 31, 2009 State Office Building Campus, Building 12 Albany NY 12240 Multi -Year Term (if applicable) From: To: Apricy Code 14000 Contractor Name/Project Sponsor: City of Buffalo . Federal Tax Identification Number: 16- 6002533 Street 65 Niagara Square Room 1009 City: Buffalo State: NY Zip: 14202 Contractor is ❑ is not ® a Sectarian Entity Billing Address (if different from above): Street: City: Contractor is ❑ is not ® a Not - For - Profit Organization State: Zip: Title /Description of Project OSHT &E Charities Registration Number: THIS AGREEMENT INCLUDES TH (FOLLOWING: ® This Face Page and Standard Agreement If Not - For - Profit: ® Appendix A - Standard Clauses for all New York State Contracts ® Appendix B – Project Budget and Addendum to Proposal if applicable ® Appendix C - The Department's General Conditions Contractor has ❑ has not ❑ timely filed with the ® Appendix D -- RFP and Certifications (as applicable) Attorney General's Charities Bureau all required ® Appendix E - Other Conditions, if applicable periodic or annual written reports. ® Appendix F - Proposal ❑ Appendix X - Modification Agreement Form (to accompany modified MUNICIPALITY NO. (if Applicable): 140207000 appendices for changes in term or consideration an an existing eA— or for renews! erlads The Contractor and the Department agree to be bound by the terms and conditions contained in this A reement CONTRACTOR NYS DEPARTMENT OF LABOR Signature of Contractor's Authorized Representative: i 4 At Signature of Authorized Official: 1r:2!r Da Date: Ty e or Print Name of Above Representative: �ctG� f�J? /� Type or Printed Name of Above fficia : � _ �°7 j - Title n �. Ho .��1 land o Authorized Rep esentative: Title of Authorize�Representa #tve: 1 Notary Public: p State of New York County of 6Z-d- ) State Agency Certification: In addition to the Acceptance of this contract, I also certify that original On the /3 day of Wio . >,, 20 -P - * — , before me personally appeared Copies of this signature page will be attached to all [/ to me known, who beinbyg 5t �/14'm A, r.L other e X a ct Copies of th Gfl ntr act. of the [„ the corporate scribed herein which executed the foregoing instrument; and the he /sh igned " (her name thereto by autharl of the board of directors or said cor oration. (Notary) Attorney General: Office of the State Comptroller: RONALD N. LLINGHINO Notary Public, State of New York Qualified in Erie County My Commission Expires Nov_ 10, cZA.��___ STATE OF NEW YORK STANDARD AGREEMENT This Agreement is hereby made by and between the New York State Department of Labor (Department) and the City of Buffalo (Contractor) identified on the face page (Face Page) hereof. WITNESSETH: WHEREAS, the Department has received a grant from the NYS Bud get to provide funding under the Occupational Safety and Health Training and Education Program ; and WHEREAS, the Department undertook a competitive bidding process by issuing a request for proposal for eligible providers to be awarded funding to provide services and the Contractor qualified for such funding; and WHEREAS, the Contractor is ready, willing and able to perform such services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursuant to the terms of this Agreement; NOW THEREFORE, in consideration of the promises, responsibilities and covenants herein, the Department and the Contractor agree as follows: 1. Term of AgKeemen t A. This Agreement shall be for a period of one year, except as otherwise specified on the Face Page (Period). This Agreement may be extended for additional successive periods as specified on the Face Page and set forth within a subsequent Modification Agreement(s) (Appendix X). Each additional or superseding Period shall be on the forms specified by the Department, and shall be incorporated into this Agreement. Notwithstanding any other provision herein, upon expiration of the contract term the Department may, in its sole discretion, extend this Agreement on a non - funded basis for a period not to exceed twelve months. B. Funding for the first Period shall not exceed the funding amount specified on the Face Page hereof. Funding for each subsequent Period, if any, shall not exceed the amount specified in the appropriate appendix for that Period. C. This Agreement hereby incorporates the Face Page attached hereto. D. For each succeeding Period of this Agreement, the parties shall prepare new appendices, to the extent that any require modification, and a Modification Agreement (The attached Appendix X is the blank form to be used). Any terms of this Agreement shall remain in effect for each Period of the Agreement except as otherwise expressly modified in the Modification Agreement. To modify the Agreement within an existing Period, the parties shall revise or complete the appropriate appendix form(s). Any change in the amount of consideration to be paid, or change in the term, is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix C, attached hereto and hereby incorporated by reference. E. The Contractor shall perform all services to the satisfaction of the Department. The Contractor shall provide services and meet the program objectives summarized in the Project Budget and the Program Narrative (Appendix B) in accordance with: provisions of the Agreement; relevant laws, rules and regulations, 2 administrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or prugram. II. Pa ent and Reporting A. The Contractor, to be eligible for payment, shall submit to the Department's designated payment office on a quarterly basis any appropriate documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the Department. B. For grant contracts with Not - for -Profit Contractors only (excluding Local Areas and other Municipalities), notwithstanding any other provision herein, the parties agree that the initial payment under this Agreement shall be due no later than December 31, 2008 provided that the Contractor submits to the Department all documentation required to process such payment no later than November 15, 2008. This 45 day timeframe includes 15 days for inspection and audit, and 30 days for processing payment. C. The Contractor shall meet the audit requirements specified in Appendix C. Ill. Terminations A. This Agreement may be terminated at any time upon mutual written consent of the Department and the Contractor. B. The Department may terminate the Agreement immediately, upon written notice of termination to the Contractor for any reason set forth in herein or in the provisions of Appendix C. C. The Department shall only be responsible for payment of services provided and costs incurred pursuant to terms of the Agreement. In no event shall the Department be liable for expenses and obligations arising from the program(s) in this Agreement after the termination date. IV. Indemnification/ Insurance A. The Contractor shall be solely responsible and answerable in damages for any and all accidents and /or injuries to persons (including death) or property ari sing out of or related to the services to be rendered by the Contractor or its subcontractors pursuant to this Agreement. The Contractor shall defend, indemnify and hold harmless the Department and federal funding agency, and their respective officers, agents and employees from liability of any nature or kind, including costs and expenses, for or on account of any claims, suits, actions, and damages of every name or description relating to or in any way arising out of the provision of services pursuant to this Agreement, B. The Contractor agrees to obtain and maintain in effect a general policy of liability insurance in an amount determined by the Department. The Contractor shall provide the Department with a certificate of insurance naming the State of New York as an additional insured. The Contractor agrees that it will require any and all Subcontractors with whom it subcontracts pursuant to this contract to obtain and maintain a general policy of liability insurance in the same amount. V. Property Any equipment, furniture, supplies or other property purchased pursuant to the Agreement is deemed to be the property of the Department except as may otherwise be governed by Federal or State laws, rules or regulations, or as stated in Appendix C. VI. Safe ands for Services and Confidentialit 3 All information available pursuant to this Agreement shall be maintained as confidential and not disclosed to third partk s except to the extent that it is used for the purposes intended under the contract and in conformity with applicable provisions of laws and regulations, or as specified in Appendix C. The Contractor agrees to safeguard the confidentiality of information relating to individuals and their families who may receive services in the course of this project. The Contractor shall maintain the confidentiality of all such information with regard to services provided under this Agreement in conformity with the provisions of applicable State and Federal laws and regulations. Any breach of confidentiality by the Contractor, its agents or representatives shall be cause for immediate termination of this Agreement. VII. General Conditions A. INDEPENDENT CONTRACTOR It is understood and agreed that the legal status of the Contractor, its subcontractors, agents, officers and employees is that of an independent contractor and in no manner shall they be deemed employees of the State of New York arid, therefore, are not entitled to any of the benefits associated with such employment. The Contractor may neither hold itself out nor claim to be an officer, employee or subdivision of the Department nor make any claim, demand or application to or for any right based upon any different status. B. APPENDIX A Appendix A, Standard Clauses for New York State Contracts, attached hereto, is hereby expressly made a part of this Agreement as fully as if set forth at length herein. C. GOVERNING LAW This Agreement shall be governed by the laws of the State of New York. D. CONDITIO PRECEDENT This Agreement shall not be deemed executed, valid or binding unless and until approved in writing by the Attorney General and the State Comptroller. E. EXECUTORY CLAUSE This Agreement shall be deemed executory only to the extent of money available to the Department for performance of the terms hereof and no liability on account thereof shall be incurred by the State of New York beyond moneys appropriated and available for purposes thereof. F. INCORPORATION OF APPENDICES/ INCONSISTENCIES I . The following documents, attached hereto and hereby incorporated by reference, constitute the entire Agreement between the parties. In the event of any discrepancy, disagreement or ambiguity between this agreement and Appendix D "RFP" and /or Appendix F "Proposal ", or between any Appendices, the documents shall be given preference in the following order to interpret and to resolve such discrepancy, disagreement or ambiguity: (a) This Agreement and Appendix A (b) Appendix C - Department's General Terms and Conditions (c) Appendix B - Project Budget and Addendum to Proposal M (d) Appendix D - RFP and Certifications (e) Appendix E --- Other Conditions, if applicable (f) Appendix F - Proposal (g) r pp radix A ^ sample docunien't " 2. The parties understand and agree that any and all deviations or exceptions taken by Contractor to the Department's Request for Proposal are hereby withdrawn except only to the extent that such exceptions or deviations have been explicitly incorporated into this contract agreement. G. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties hereto and no statement, promise, condition, understanding, inducement or representation, oral or written, expressed or implied, which is not contained herein shall be binding or valid and this Agreement shall not be changed, modified or altered in any manner except by an instrument in writing executed by both parties hereto. H. CAPTIONS The captions contained in this Agreement are intended for convenience and reference purposes only and shall in no way be deemed to define or limit any provision thereof. SEVERABILITY In the event that any one or more of the provisions of this Agreement shall for any reason be declared unenforceable under the laws or regulations in force, such provision will not have any effect on the validity of the remainder of this Agreement, which shall then be construed as if such unenforceable provision had never been written or was never contained in this Agreement. The failure of the Department to exercise any right or to require strict performance of any provision will not waive or diminish the Department's right thereafter to exercise.such right or to require strict performance of any provision. SURVIVAL OF COVENANTS REPRESENTATIONS AND WARRANTIES All covenants, representations and warranties of the Contractor shall survive the termination of this Agreement. K. NOTICES All notices, demands, designations, certificates, requests, offers, consents, approvals and other instruments given pursuant to this Agreement shall be in writing and shall be validly given when mailed by prepared registered or certified mail, (i) if to Contractor, addressed to Contractor at its address set forth on the Face Page, and (ii) if to Department, addressed to Counsel's Office at its address set forth on the Face Page, Contractor and the Department may, from time to time, specify an address in the United States as its address for purposes of notices under this Agreement by giving fifteen (15) days written notice to the other party. 5 STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendmenl other agreement of any kind Fhnra;. p _ ,t, t contract ") agree to be bound by the following clauses which are here made a part of the contract (the word "Contractor" herein refers to ess a party other than the State, whether a contractor, licenser, licensee, l lessee or any other party): L EXECUTORY CLAUSE, In accordance with Section 41 of t State Finance Law, the State shall have no liability under this contract the Contractor or to anyone else beyond funds appropriated at available for this contract. 2. NON-ASSIGNMEN221 CLAUSE In accordance with Section I38 1 the State Finance Law, this contract may not be assigned by th Contractor or its right, title or interest therein assigned, transferre( conveyed, sublet or otherwise disposed of without the previous consem in writing, of the State and any attempts to assign the contract withou the State's written consent are null and void. The Contractor may however, assign its right to receive payment without the State's prio. written consent unless this contract concerns Certificates ofParticipatior pursuant to Article 5 -A of the State Finance Law, 3. COMPTROLLER'S APPROVAL, In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or Ci ty University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N-Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $1 0,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and tiled in his ogee. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6.a). 4• WORKERS' COMPENSATION BENEFITS. In accordance with Section E42 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. S, NON DI[SCRINTINaTION RE UKEZIEM . To. the extent required by Article 15 of the Executive Law (also known as the Ilurnan Rights Law) and all other State and Federal statutory and constitutional non - discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex. national origin, sexual orientation, age, disability, Y �cnetic predisposition or carrier status, or marital status. Furthermore, In ;accordance with Section 220 - e of the Labor Law, if this is a contract tua the construction, alteration or repair of any public building or public 1�01k or ror the rrranutacture. sale or distribution of materials, equipment or tiupplies.:urd to the extent chat this conn.act shall he performed within t;ae 5r.ue of \cn York- Ctrata'aen +r .r�rees h that neither it nor H..; H..; �uhct�nrrat'ra�rs Nh:all. � rea,arn ��f rate. creed, color, dkabilit sex, or ❑ati� ?nai rnr,in: rat �1;. ir, !rirm ;l t ,tnv Ac41- lurk Slate crticcn t +hu is cltl,rlitiM acrd a�;arlablc to perf6rin 'he % cork; or (bI Cr 4nniindjte any rnrplovee hired t�,r the lre_'f� ?rnr;zllec,' if %%ork 'anEler ?17;3 Lfrntr.iCt, 1t tills is a bt[Ildlttg SCIZ Ice ' Conn 'let :as defined in Secr,on ';il of rile Utbor Lan, then. in , accordance , tith Section 239 thcyct�f Contractor agrees that neither it nor its 't :hall by reason of race: treed. color. nationa] origin. ag e. , -e\ or di,abiht�: (a) discriminate in hiring against any o York State C!6"en nho is gmflitied .rnd a%aihable to perform the work. or rh) 1!i5erirninite ,against or intimidate ally employee hired for the pert6ranance of %%ork under this contract. Contractor is subject to tines Page I Of $50.00 er person P P per day for any violation of Section 220 -e Section 239 as well as possible termination of this contract a or forfeiture of all moneys due h ereunder 6 � -_ "'� ••,� a aecu,r Its u or subsequi by violation, n y 6, WAGE AND HOURS PROVISIONS. �r, If this is a public wo contract covered by Article 8 of the Labor Law or a building servo contract covered by Article 9 thereof, neither Contractor's employer 1e nor the employees of its subcontractors may be required or permitted IO work more than the number of hours or days stated in said statute except as otherwise provided in the Labor Law and as set forth i Id prevailing wage and supplement schedules issued by the State Lab( Department, Furthermore, Contractor and its subcontractors must pay If least the prevailing wage rate and pay or provide the prevailin supplements, including the premium rates for overtime pay, a e determined by the State Labor Department in accordance with the Labo Law. . t 7. NON - COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139 -d of the State Finance Law, if this contract wa: awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non - collusive bidding certification on Contractor's behalf. S. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220 -f of the Labor Law and Section 139 -h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid'aFfiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2WI CRR 105.4). 9 • SET -OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set -off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set- off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any :ontract for a term commencing prior to the term of this contrast, plus illy amounts due and owing to the State for any other reason including, vit hout limitation, tax delinquencies, fee delinquencies or monetary enalties relative thereto. The State shall exercise its set -of rights in ecordance with normal State practices including, in cases of set -tiff trrsuant to an audit, the finalization of such audit by the State afc s representatives, or the Slat c Comptroller. 10. RECORDS, The Contractor shall establish and maintain complete and aretrrate books, records, documents, accounts and other ea idence directly pertinent to performance under this Contract (hereitnatter, c0flectively. 'the Records "). The Records must he kept for the balance of the calendar %ear in which they liere made and for six 16) additional years thereafter. The State Corptroller, the Atrorney General and any other person or entity authorized to conduct an examination, as «yell as the ar;ency or agencies iuc olved in this contract, shall have access to rile Records during normal business hours at an office of the Contractor within the State of %ew York or, if no such office is available, ;it a rnunaally :agreeable and reasonable vCMIC within the State, for the tarn .tune. 2006 specified above for the purposes of inspection, auditing and copyit The State shall:take reasonable steps to protect from public disclost any of the Records which are exempt from disclosure under Section Of the Public Officers L nh "S .-... Contractor shall timely inform an appropriate Stateto�cial, official, in writin that said records should not be disclosed; and (ii) said records shall I sufficiently identified; and (iii) designation of said records as exemi under the Statute is reasonable. Nothing contained herein sha diminish, or in anyway adversely affect, the State's right to discovery i any pending or future litigation. Il. IDENTIFYING INFORMATION AND PRIV N AC7 OTIFICATION. (a) FEDERAL EMPLOYER II7ENTIFICATI41+ NUMBER and/or FEDERAL SOCIAL SECUP I NUMBER. AI invoices or New York State standard vouchers submitted for paymen For the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay Payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION, (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. Th Principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in tiling tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of Accotnting Operations, Ot35ce of the State Comptroller, 110 State Stt'eet. Albany, New York 12236. 12. E L'.4L E, PLOYMENT OPPORTUNITIES FOR 1 AND TO — MEN In accordance with Section 312 of the Executive Law, if this eantract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of 525,000 -00, Whereby a contracting agency is committed to expend or does expend Binds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be perfortned for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of 5100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacerent, major repair or renovation of real lxnperty and improvements thereon; or iiii) a written agreement in 5111ereby the uwner of a Stilts aSsi ted housing protect 15 csnllllittcd h' expertd or does expend e tilnds for the acquisition, �t °Il dcluoiitiun. rcpl;mcirrlerti, rnajur repair or re €imation of real pr.;l�rty and inlpnWtments nc�rcun for such project. then: €;l: lhe [r =nrr:tcror ;gill not .,li scriminate - against rnmployers or �ipil i!�,lntti tl)1' ctllplo. %Invnt because of race, creed. color. nat tonal Elrrv ,ex- ;Iwe. dkahiliry or nmat ital status, and trill undertake or continue CX'srirlg proeranls of atlirmati%c action to ensure that minority group lmerl;bcrs :mnd %%omen are atfordcd equal employment opportunities li:hout diserinlination, lftirmative action shall mean recruitment, tn;piovrrcnt, job :tssipnlent. promotion, upgrading%. demotion. rsn�fer. lajoff, or ternlinariotl and rates of pay or other corms of unlpe #lsatton: , tae 7 1g, re (b) at the request of the contracting agency, the Contractor shall rcquest 37 each employment agency labor i ^� me workers with which it has a collectivebargaining or other t or g, understanding, to furnish a written statement that such employment re agency, labor union or representative will not discriminate on he basis mt of race, creed, color, national origin, sex, age, disability or marital status 11 and that such union or representative will affirmatively cooperate in the n implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified l applicants will be afforded equal employment opportunities without I discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a ", "b ", and "c" above, in 'very subcontract over $25,000,00 for the construction, demolition, replacement, major repair, renovation, planning or design of real Property and improvements thereon (the "Work ') except where the Work is for the beneficial use of the Contractor, Section 312 does not apply to: (t) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section, The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. 13. CONF ICTING TERI►?S In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING W. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise, LATE PAENT. Timeliness of payment and any interest to be Paid to Contractor for late payment shall be governed by Article 1 1 -A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration {except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS, fn addition to the methods of service allowed by the State Civil Practice Law & Rules ( "CPLR °). Contractor hereby consents to service of process upon it by registered or certified mail. rettim receipt requested, Smice hereunder shall be complete upon to ntrt e reo actual receipt of process or upon the State's receipt of the return fiereof by the t - nited States Postal Sen ice as refused or andelAcrable. Contractor must promptly notify the State, in Writinr?, of each and c%ery change of address to 10lich senice of process can he rrradc. Senn ice b) the State to the last known address shall be sufficient. CilrltTaJ "or Will ha%e thirty (30) calendar days after ben ice hereunder is cornplere in which to respond. 18. PROHIBITION ON PLR CHASE OF TROPIC :*sL BaRDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance svith, but not limited to, the specifications and provisions of State Finance Law § 165. (Us of Tropical Hardwoods) which probibits purchase and June, 2006 use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the cUntractor to cstablish the State. to meet with the approval of In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in § 165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. under bidder certific,rtions, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. 1"%IACHRIDE FAIR EMPLOYMENT P NCIPLES. accordance with the ifacBride Fair Employment principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northem Ireland in accordance with the Ma,Bride Fair LmPlvymcnt Principles (as described in Section 165 of the New York State Finance Law), and shall Permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 19 y2, It is the policy of New York State to maximize opportunities for the Participation of New York State business enterprises, It minority and women -owned business enterprises as bidders, subcon Procurement contracts. tractors and suppliers on its Information on the availability of New York State subcontractors and sr3PPliers is available from: NYS Department of Economic Development Division for Small Business 30 South pearl St - -'' Floor Albany, New York 12215 Telephone: 518- 292.5220 Fax: 514- 292 -5884 http :iwww.empire.state.ny.us A directory Ofcertifted minority and women -owned business enterprises is available from: NYS Department of Economic Development Di ision of Minority and Vk'omcn Business Development 30 South Pearl St -- 2nd Floor Albany. Lew York 1_ telephone: 514 -,92 -5250 Fax: 518- 292 -5803 P;rge 3 htt P: / /www.cmpire.state.ny.us I The C'bas Procurement Act of 1992 requires that by signing this Proposal or contract, as applicable, Contractors certify that whenever total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage participation of New York State business Enterprises as suppliers 4 subcontractors, including certified minority and women -owned burin enterprises, on this project, and has retained the documentation of tht efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity A of 1972 (P.L. 92 -261), as amended; (c) The Contractor agrees to make reasonable efforts to provi< notification to New York State residents of employment opportuniti4 on this project through listing any such positions with the Job Servic Division of the New York State Department of Labor, or providing sue notification in such manner as is consistent with existing collectiv bargaining contracts or agreements. The Contractor agrees to documer these efforts and to provide said documentation to the State upo; request; and (d) The Contractor acknowledges notice that the State may seek to obtai offset credits from foreign countries as a result of this contract ant agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or Performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the Iist of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana current list o and Hawaii. Contact NYS Department of Economic Development for a f jurisdictions subject to this provision. 22. PURCHASES OF APPAREL. In accordance with State Finance Law 162 (4 -a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that: (i) such apparel was manufactured in comphanre with all appli cable labor and occupational safety laws, including, but not limited to, child labor and a laws, wage and hours laws s if State), if k workplace safety laws, and (ii) vendor will supply, with its bid a not a bid situation, prior to or at the time of signing a contract with the fist nown, the names and addresses of each subcontractor and a of all manufacturing plants to be utilized by the bidder. Acne, 2006 City of Buffalo T013129 Appendix B NEW CORK 8 I - ATE DEPARTMENT OF LABOR !' ` SCHEDULE 1 Planning Summary Contractor: Ci of Buffalo Contract Number: T013129 Address: 65 Niagara Square Room 1009 Phone: J716 1 $51 -5900 Buffalo, NY 14202 ----- Liaison: G. G. Herndon -Hill Address: same NYSDOL Liaison: Jeff Stein Address: NYSOOLIOSH T&E State Office Campus Bid 12 Rm 166 Albany, NY 12240 Submittal: FY 2008 -2009 Original X Mod # Increases Funding Decreases Funding Changes End Date Funding Source: Program: Phone: 716 8 -5900 Fax: (71 6) 851 -4968 email herndon cat - buffalo Phone: . (518 ) 457 -4452 Fax: (518) 485 -6082 email Je €frg .Stein labot .us From: to From: to From: to OSH T&E 305 Fund Contract Dates: 8/1/2008 through 2008 -2009 OSH T&E Total Obligation: $11,598 7/31/2009 Original /SFY 08109 $11,598 6/30/2009 SFY Total: $11,598 Year Amount Lapse Date Year Amount Lapse Date Renewal I /SFY SFY Year Amount Lapse Date Year Amount Lapse Date Total: Renewal II /SFY SFY Total. Year Amount Lapse Date Year Amount Lapse Date RenewalM /SFY Year Amount Lapse Date SFY Renewal IV /SF SFY Year Amount Lapse Date Total: Year Amount Lapse Date Year Bu_ dget Amount Lapse Date Total: City of Buffalo Contract Master.xis Planning Summary 7/7/2008 3:37 PM 1. Staff Salaries $0 2.3 taff Fringe Benefits $0 3. Contracted Services $11,598 4. Other Costs $0 5. Total Contract Casts $11,598 6. Total Match Costs $0 Lapse Date Total: City of Buffalo Contract Master.xis Planning Summary 7/7/2008 3:37 PM Contractor's Proposal is hereby amended and superseded to the extent identified below. PronnsaU ontr A JA_ ut a__ r_ ,�._ _ -••, C,�..ti� w. r ty►+ur�cr211mu lEt P A endix B 1:. Contractor Information: Name: City of Buffalo Project Title: OSH T&E Address: 65 Niagara Square Project Site: Buffalo County: Erie Contract No.: T013129 1. Narrative- Chan a in SCO e: The State Hazard Abatement Board (HAB) disapproved pain management training in the amount of $3000. In addition, as a result of mandatory 3.35% cut the contract has been reduced by an additional $402. This brings the total cuts to $3,402. 2. Narrative- Chan a in Outcomes: As a result of these cuts the number of sessions has been reduced from 57 to 43. This will also reduce the number of training hours from approximately 120 to approximately 92 and the number of trainees from 556 to 385. 3. Budget Chan es: P PROPOSAL: . Contract Tot Company Total Project Cost Funded Amount Match Amount. (Contract Funded 1. Trainin Costs $15,000 + M. tch 2. Trainee Wages 3. Non - Personal Service Costs Total $15,000 CHANGES: Total Contract Total Company Total Project Cost Funded Amount Match Amount (Contract Funded 1. Training Costs ($3,402) + Match 2. Trainee Wa es 3. Non- Personal Service Costs Total CONTRACT AMOUNT -PER AWARD: Total Contract T otal Company Total Project Cost Funded Amount Match Amount (Contract Funded 1. Training Costs $11,598 + Match) 2. Trainee Wages �. 1Vfln- Per Scrv�ce Cost Total — ....... $11,598 * Addendum only to be submitted if there are changes in budget amounts, program scope, and /or program outcomes from the proposal submitted (Appendix F). TRAINING & GRANT MANAGEMENT SUMMARY 103/lL$ TOTAL CONTRAct Nm 41 >r nn EXPLANATION$ (if any); 71712008, 3:37 PM B. Training to be Provided Under the Grant But Not Charged To The Grant - (please list 1 topic per line fisting additional topics on a plain sheet if needed.) D. Other Grant Activity - (please fist 1 activity per line listing additional activities on a Plain sheet if needed.! City of Buffalo T013129 Appendix B (Budget Summary) NEW YORK STATE DEPARTMENT OF LABOR Contract Budget Summary Program Name: 2008 -2009 OSH T&E Contract #: T013129 Contractor Name: C4 of Buffalo FY: 2008 -2009 Check One: Original Contract: X Modification: Mod # y. 4 $0 $0 �V'�:.: y � y/ � tii•1f.. rv'ti. A. Staff Salaries4 $0 $0 B. Staff Fri a Benefits C. Contracted Services $11,598 D. Staff Travel E. Equipment $ F. SpacefUtilitles G. Other O erati ig Expenses H. Miscellaneous Participa Expenses I. Parti ant Pay ments $U Contractor Name: C4 of Buffalo FY: 2008 -2009 Check One: Original Contract: X Modification: Mod # y. 4 $0 $0 $0 $0 $11,598 � „.. p GM 314 (12 -93) City of Buffalo Contract MasterAs Budget Summary 71712008 3:37 Phi City of Buffalo T013129 Appendix B ( ©BP 1) A. STAFF SALARIES GM 314.1 (12 -93) City of Buffalo Contract Master.xls ©BP (1) 7/7!2008 3;37 PM SO City of Buffalo T013129 Appendix B OBP 2) GM 314.2 (12 -93) City of Buffalo Contract Master.xls DBP (2) $'1'1,598 7/712008 3,37 PM — - airav a L—LO %J"r[YEIiC•D $o ''•!S'$ :}:? yv: ;;i� }iS !:. } :�;5'�::%F:F: rir � + {r:;'r:�:•�'�r: +r. :::•';F %:}:':�:i`:':ti.v. 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"i �i4Yi: o /r., K., i.,J. :• $11,598 $'1'1,598 7/712008 3,37 PM — - airav a L—LO %J"r[YEIiC•D $o City of Buffalo T013129 GM 314.3 (12 -93) Appendix B (DBP3) (6) w�:! }i:ti;yti Jk' r h '. :.•�01 rti•�'•: SO City of Buffalo Contract Master.xls ©BP (3) 71712008 3:37 PM City of Buffalo T013129 Appendix 8 (DBP4) ALLOWABLE OTHER OPERATING EXPENSES INCLUDE THE FOLLOWING TYPES OF EXPENSES: 11 =ANY OTHER TYPES OF OPERATING EXPENSE -5 ARE INCLUDED, PLEASE LIST: H„ MISCELLANEOUS PARTICIPANT EXPENSES ALLOWABLE MISCELLANEOUS PARTICIPANT EXPENSES INCLUDE THE FOLLOWING TYPES OF EXPENSES: ff TRAINING MATERIALS TESTING MATERIALS PARIICIPANT TRANSPORTATION IF ANY OTHER TYPES OF MISCELLANEOUS PARTICIPANT EXPENSES ARE INCLUDED, PLEASE LIST: GM 314.4 (12 -93) City of Buffalo Contract Master.xls DBP (4) 717/2008 3:37 PM ��• U t hCK UPERATING EXPENSES City of Buffalo T013129 ALLOWABLE OTHER OPERATING EXPENSES INCLUDE THE FOLLOWING TYPES OF EXPENSES: IF ANY OTHER TYPES OF OPERATING EXPENSES ARE INCLUDED, PLEASE LIST: H. hJIISCELLANEOUS PARTICIPANT EXPENSES Appendix B (DBP4) ALLOWABLE MISCELLANEOUS PARTICIPANT EXPENSES INCLUDE THE FOLLOWING TYPES OF EXPENSES: TRAINING MATERIALS TESTING MATERIALS PARTICIPANT TRANSPORTATION IF ANY OTHER TYPES OF MISCELLANEOUS PARTICIPANT EXPENSES ARE INCLUDED, PLEASE LIST: GM 314.4 (12 -93) City of Buffalo Contract Master.xls DBP (4) 717/2008 3.37 PM G. OTHER OPERATING EXPENSES "~ City of Buffalo T013129 Appendix B (DBP5) loot $0 GM 314.5 (12 -93) City of Buffalo Contract Master.xls ©BP (5) 7/7/2008 3:37 PM 1. PARTICIPANT PAYMENTS Budget Narrative p. 1 CONTRACT BUDGET NARRATIVEMUSTIFICATION (Page 1) PLEASE PROVIDE THE FOLLOWING ADDITIONAL INFORMATION IN SUPPORT OF THE CONTRACT BUDGET, AS NEEDED. Contract Narrative 08 -09 07/07/08 03:38 PM The Sub - Contractor, Erie Community College will provide a total of approximately 92 hours of instructional training at a rate of $125 per hour, including all travel time, preparation, and training materials. Total contracted services will not exceed $11,598. Bw4v Contract Narrative 08 -09 07/07/08 03:38 PM CONTRACT BUDGET NARRATIVEMUSTIFICATION (Page 2) City of Buffalo T013129 Appendix B (DBP5) I. PARTICIPANT PAYMENTS ) PARTICIPANT WAGES: C) FRINGE AS50CIATED WITH PARTICIPANT WAGES; GIU1314.5 (12 -93) City of Buffalo Contract Master.xls DBP (5) 7/7/2008 3.37 PM SO rr 1,'1 Contract Narrative 08 -09 07/07/08 03:38 PM CONTRACT BUDGET NARRATIVE /JUSTIFICATION (Page 2) l City of Buffalo T013129 Budget Narrative p. 3 City of Buffalo Contract Master.xls BNJ (3) 71712 008 3:37 PM CONTRACT BUDGET NARRATIVEMUSTIFICATION (Page 3) r City of Buffalo T013129 Budget Narrative p, 4 City of Buffalo Contract Master.xls BNJ (4) . 7/7/2000 3:37 PM CONTRACT BUDGET NARRATIVE /JUSTIFICATION (Page 4) 03/13/08 APPENDIX C NEW YORK STATE DEPARTMENT OF LABOR General Terms and Conditions A. Sc__ aye and Statement _ it- k / tJ The Contractor shall perform the work of this contract within the period indicated on its Face Page, in accordance with the PFP, its Proposal and the Addendum to Proposal, if applicable, and in compliance with New York State and federal laws, rules and regulations, with the requirements established by the Department, and, where federal funds are involved, with the provisions of office of Management and Budget (OMB) Circular A -87 or A -133, as applicable. B. Fan Funding on this contract will be provided twelve months at a time unless expressly provided otherwise on the Face Page. Continuation of this contract at the end of each twelve month period will be contingent on the Department obtaining funds for the subsequent fiscal year, as well as, satisfactory performance by the Contractor as defined by the Department's performance standards. For multiyear funding, to obtain an additional twelve months of funding, the Contractor must submit all documents stated In the Standard Agreement within 30 days of notification by the Department that the contract will be renewed for an additional twelve months. Such documents must reflect the amount of funding provided by the Department as indicated in the above mentioned notification from the Department. In addition, the Contractor must provide a complete budget summary with full details of all planned program expenditures and any other information required by the Department. The Department shall not be liable for any obligation incurred by the Contractor which is in excess of the funding set forth on the Face Page of the contract or any subsequent Modification Agreement. C. Contractor's General D--- onsibilities The Contractor agrees to identify the person(s) who will be responsible for directing the work to be done under this Agreement. No change or substitution of such responsible person(s) will be made without prior approval in writing from the Department, to the degree that such change is within the reasonable control of the Contractor. The Contractor agrees to comply in all respects with the provisions of this Agreement and the attachments hereto. The Contractor specifically agrees to perform services according to the objectives, tasks, work plan and staffing plan contained in the appendices. If any specific event or conjunction of circumstances threatens the successful completion Of this project, in whole or in part, including where relevant, timely completion of milestones, the Contractor agrees to submit to the Department within five days of occurrence or perception of such problem, a written description thereof together with a recommended solution thereto. The Contractor agrees to be solely responsible for the recruitment, hiring, provision of employment benefits, payment of salaries and management of its prciect personnel, which shall be as shoMm in the Ap €- ega €latau€ts. pendices. These functions shall c carried out in accordance with the provisions of this ;kgreement. and all ;applicable Federal and State laws and I lie Contractor shall be responsible tar the pro % is] (In of iaec:essary equiptr€ent and scry ices for Contractor's staf. Pur,u.tnt to and &Scribed in the narrati%cs and budgets contained in the Appimclices. page 1 The Contractor ensures that the am„n �a �. ».__.. ` °. - =.U, s�.uc rums, buildings and furnishings at the program site(s) used under this Agreement are maintained in good repair and free from any danger to health or safety and that any building or structure used for program services complies with all applicable zoning, building, health, sanitary, and fire codes. D. Flrst Pa ment I. Advance Payment Not-for -Profit Corporations, Xlunrcrpalttres, School Districts or Boards of Cooperative Educational Services ma request an initial advance of funds for contract disbursements from the Department in an amount of up to twenty - if d p five (25) percent of the annnal contract arn ©unt, deemed a y epart Offset by crediting 33 l:3 percent of the advance in each of the last three months of the contract un ess in the sha be The avce Department's discretion, offset shall be recovered sooner. If the amount of the monthly voucher is not sufficient to cover the proportionate advance amount to be recovered, then subsequent vouchers will be reduced until the advance is fully recovered. Any unexpended advance balance at the end of the contract period will be refunded b the Contractor to the Department. In the event either party terminates the contract prior to its expiration, the Contractor agrees to refund to the Department immediately any advance balance then outstanding. y For performance based milestone contracts, if the reconciliation of the advance a ainst a earned Contractor indicates that the Contractor has not attained c sufficient level of milestone targets o s the � fi an e t epartme amount of the advance, then the Contractor shall return the balance of the unearned advo the Dnt. In year one the advance will only be paid when a fully executed Planning Grant or contract is in place. In subsequent years, an additional three months optional advance may be made available to continue the pro g ram. This optional advance will be contingent on the Department obtaining funds for the subsequent fiscal year, as well as SatiSfaCEo ry Performance by the Contractor as defined by the Department's performance standards. In the event a contract is not renewed, the Contractor must return any monies advanced under this mechanism within 30 days of the date of notification by the Department. In order to receive an advance payment, in both the first year and subsequent years, any not - far - profit Contractor other than municipalities requesting an advance of funds Department: must submit the following document(s) to the a} A statement from a certified public accountant certifying that the Contractor's bookkee p in have been reviewed within the past 12 months and meet generally accepted accountin &Practices document is required for the original and renewal contract.} g principles. (This b) A copy of a fidelity bond covering all persons who will handle funds granted by the State. This bond shall be at least equal to or greater than the maximum amount of any advance, and shall include the Department as co- insured; (This document is required for the original contract. A copy of the paid invoice is required for the renewal contract and should include coverage dates applicable to the expenses.) c} A statement of program responsibility and tax certification as outlined under Item 2 below. d) "k ""'Plete voucher ( "Form :1C 9) " or "Standard Voucher ") requesting the allowable advance pa 7mrtt. I This 1 is required for the Original and renewal contract.} Y Advance Pa% nlent "III be made Nk ithin 30 days of either the contract or renewal period start date, 33 appropriate. t. }roe idccl €ltat the regnrst 1. (q - adtiance and required documentation Outlined ahO� is recei <ed from the ", C �ntraetor. Page 2 Reimburs Votrcher er i' If the Contractor does not qualify for an advance payment or does not provide the appropriate documentation to support the receipt of an advance payment, then the initial payment under the contract shall be in the form of a reimbursement payment, In this case, the initial reimbursement payment will be processed within 30 days of the submission of an acceptable reimbursement voucher in accordance with the format and time frames specified under Section E, Program Responsibility and Tax Certification, Section F, Voucher Documents, and Section G, Voucher Submittal outlined below. E. Pro rare Res onsibili and Tax Certification All Co ntractors Other than Munici alities Prior to any payments being made, a statement must be submitted signed by the Chairman of the Board of Directors, Chief Operating Officer or other appropriate Chief Executive Official, accepting responsibility for operation of this program and certifying that all Federal, State (including Unemployment Insurance taxes), Local taxes, and fringe benefit payments resulting from operation of this program will be paid and that no past taxes are due and owing, (This statement is required for the original and renewal contract). F. Voucher Documents All Contractors For contract expenses, the Contractor will be paid only after submission of a detailed reimbursement request form (GA 92) in the format and detail established by the Department. Reimbursement will only be made for actual expenses that can be documented. Supporting documentation must be submitted along with the detailed reimbursement request form (GA 92). This supporting documentation should be arranged in a format consistent with the Contract's budgetary categories and summarized in a format provided by the Department. The Contractor's payment requests shall include a statement of expenses and charges by major budget category for work actually performed or expenses incurred in accordance with the terms of this Agreement during the period covered by the request. For performance based milestone contracts, the Contractor will be paid after submission of voucher Form A 92 or Standard Voucher) and all necessary supporting documentation, as required by the Department to determine th Contractor has achieved the Milestones set forth in this Agreement. M unicipalities When costs are allocated, apportioned or assigned to the contract through some kind of distributing methodolo methodology must be clearly identified and explained in the contract. This methodolo gy, the generally accepted accounting principles and a gY must be consistent with the contract using this methodology must be supported by app opri documene on in the conact. the Contrae Do filesgned to C. Vou Submittal 111 C m ntract nrs %'ouchers reporting all expenses attd unpaid bills, or milestones achi sh eved inhere paSntent is bused on pertc�rmanc <. r�uld be tiubntitted uithirt [ i d ays after the end of the month. Vouchers not received k0thin 30 days May result in nc� issuance rfa :naming then have letter t is regis r o tcred snail, ads icing the Contractor this deficiency. The Contractor will 3(l days from the receipt nfthis letter to submit a toucher or the Department may unilaterally deobligate , :cntract funds. Page 3 Upon examination of the Cop try .��� _ �, � r,.. c. � , 3 . �ay,neut requests and supporting material, the Department may, in its sole discretion, modify or adjust the amount requested to reflect actual contract funds expended, or should actual milestones achieved where payment is based on performance, as of the date of the request. H. Matchin Re niretnent If matching contributions are indicated on the budget summary of this contract, match must be reported in conjunction with requests for reimbursement and must be supported by a summary of costs by category of expense. All required match must be fully incurred and reported during the term of the contract. The appropriate support documentation must be maintained on the Contractor's premises for audit purposes in accordance with the record retention schedules provided herein. If Contractor fails to provide match required under the contract, payment of contract funds may be withheld and contract payments may be reduced accordingly. Deabli ations /Sanctions If the Department decides that the Contractor is not achieving the contract's goals, payments to the Contractor may be delayed or withheld. If this failure to meet goals is not corrected, the contract may be terminated or modified with 30 days notice from the Department to the Contractor. This decision to terminate or modify may be appealed in accordance with Provision Q (Disputes) of these Terms and Conditions. J. Pro ram Viodi#leatian The Contractor shall promptly request prior approval from the Department length of the agreement to meet program objec for modification of the contract whenever there is a change in the scope or objectives of the program, the funding level, and if it is deemed necessary, the tives. Specifically, modifications will be necessary for any of the fallowing changes: 1) An increase or decrease in funding; ?) A transfer of funds among program activities or budget cost categories; 3) A decrease of 15 percent or more in the number of individuals to be served in planned enrollment for program activities, or in the number of individuals served within significant client groups; and 4) A change in the dates of the Contract. The Contractor shall prepare and submit modifications with complete justification in sufficient time to allow processing and approval prior to the effective date of the changes. Modifications to extend the term of the contract are to be submitted at least 60 days prior to the original termination date. The Contractor shall prepare and submit modifications in accordance with the requirements established by the Department. If the initial contract with the Department is a Planning Grant, the Contractor agrees to submit a fully completed contract t� itltin 30 days of submission of the Planning Grant. A fully completed contract shall include a Program 'lan e and budget in the detail and format required by the Department. 1t- Disclosure of i rlem lot - ment In Records deli f uenc ictor hereby authorizes the Department its disclose tt' :tppropriate Department staf� records of in s u rance labs. irs by the (:("ractor it, making unemplo%ntent insurance co required by the unemploy -rent Page 4 1 L. Contract C 1) Closeout p ayments This contract's funds are only available during the period in which a valid New York State appropriation is in effect. To ensure reimbursement for valid Contract costs, the contractor must submit a closeout voucher one month prior to the lapse date of the appropriation or within 60 days after the end of the contract funding year, whichever comes first. The voucher must account for all contract expenses - all paid expenses plus all unpaid liabilities by cost category. For performanced based milestone contracts, or for any portion of the contract paid on a performance basis, a closeout voucher must include all remaining milestones achieved by the Contractor, and must be submitted no later than 60 days following the end of the contract period. The Department will deobligate all funds not accounted for in this closeout voucher. The funds that are not dcobli.gated will be reserved for up to six months aver the contract end date or the lapse date of the appropriation, whichever comes first. 2) Contractors with Insufficient Cash At the time the Closeout voucher (see Section "L.l" above) is submitted, the Contractor may, When applicable, request maintenance of an advance payment sufficient to allow payment of unpaid bills. In order to maintain this advance, copies of all unpaid bills on hand, clearly labeled "unpaid" must be submitted with the closeout voucher. The Department will advance sufficient cash to pay those bills. The Contractor will have an additional forty -five (45) days from the submittal of this close-out voucher #o submit a final voucher, with appropriate documentation, accounting for this advance. 3) Contractors with Excess Cash If at the time the closeout voucher (mentioned in Section "L.I" above) is submitted, the contractor has received cash exceeding the amount of vouchered expenses plus unpaid bills in hand, the contractor will immediately refund such excess to the Department. For the portion of the contract amount paid on a Performance basis, if the Contractor has received cash in excess of the amount of the actual milestones achieved, the contractor will immediately refund such excess to the Department. 4) Contractors with ©utstandin Liabilities Contractor may, when applicable, request an advance to pay for certain categories of allowable expenses for which the Contractor has not yet received bills at the time a closeout voucher is submitted. To receive an advance, the Contractor must submit a request for cash along with copies of the bills clearly marked unpaid in accordance with Paragraph , 22 above. N1. IncomeiRefunds 1) ern raminierest Income The Contractor shall report in the manner prescribed by the Department all gross interest income or program income earned by activities supported under this grant. Such income earned during the grant period shall be transmitted at the termination of this contract to the Department, unless the Department directs otherwise in writing. _' } R��fiti3ils ;end Rebates %Vhcn .tpplicctble, if file Contractor receives a refund or rebate on an item ofexpense paid for itith contract Cunds. the amount o the refund or rebate must be promptl refunded to the program. this can be done either h% a check to the Department or by a credit against contract expenses. Page 5 N. Offset Provision All monies due or owed to the Department under this contract as a result Of unspent advances, credits, returns, rebates, refunds or expenditure disallowances shall be returned to the Department within 60 days of the contract termination date. Any funds not returned by this date (as well as any unpaid unemployment insurance tax liabilities) may, upon written notification be recovered by offsetting the amount due against any other reimbursement request under any contract entered into with this Department to the extent provided for by law. ©. Records and Accounts The Contractor shall provide for the maintenance of such documents, records and accounts as required by the Department to assure a proper accounting for program activities and funds or, for performance based milestone contracts or for the portion of the contract arnount paid on a perfomance basis, milestones achieved. Methods used to determine and assign costs shall conform to generally accepted accounting practices and shall be consistent with the method(s) used by the Contractor to determine costs for other operations or programs. Such accounting standards and practices shall be subject to approval of the Comptroller of the State of New York. The Contractor shall retain and make available any and all grant records to representatives of the Labor Department, the State Comptroller, the U.S. Department of Labor, the U.S. Department of Health and Human Services, and the Office of the Inspector General of the United States as appropriate, for inspection, audit, transcription or reproduction at all reasonable times durin the course of the grant and for the period set forth as follows: g a) For the period of six years after the submission of the final expenditure report, or for contracts paid on a Performance basis, the final voucher by the Contractor. If the contract is terminated during the course of the operating period, for a period of six years from the date of the final settlement agreement, tf prior to the expiration of the six year in stituted involving retention period, any litigation or audit is begun or a claim is in the contract covered by the records beyond the six year period until one year after the litigation, audit findings, or claim involving the records has been resolved. c) When records subject to retention requirements are transferred to the Department, the U.S. Department of Labor, or the U.S. Department of Health and Human Services, as appropriate, the six year retention period shall not apply. The contractor need not retain duplicates of records transferred to or maintained by the Department or the U.S. Department of Labor. d) Notwithstanding paragraphs a, b, and c, the Contractor shall maintain a record of each participant's Participation in the program, including dates of entry and termination in each activity and shall retain such records for each participant for a period of five years from the date of enrollment into the program, The Contractor is authorized to substitute microfilm or electronic copies in lieu of original records in accordance with the regulations of the Department. P. Ruortintr i lie Contractor will report participant and financial information to the Department on the forms designated and at the int;:ryals specified by the Department, These reports must be submitted by the deadlines established by the Department. FaPure to comply " these reporting requirements may be cause for termination of the contract, or for the delay or «itftttolding of payment. For participant data, the Contractor will use the formats provided by the Department to report tierl t. � .h to indit iduals as these Bert ices are provided, For fiscal data, the Contractor I ill use the formats pros ided by the Dc %artment to report contract Bash and accrued expenditures. and match expenditures. This information is to be t;rON ide =l monthly % +ith reportz, submitted to the contractor's Department account executive by the fifteenth of t[�llc�u in, the suoi7th of expendihtres month Page 6 Q. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact which is not disposed by agreement shall be decided by the Commissioner of Labor or a designee, who shall furnish a copy thereof to fire contractor. Appeal shall be handled in accordance with the Department's procedural rules for hearings (IZ N Part 701). A request for hearing trust be submitted to the New York State Department of Labor Hearing Officer within 30 days. The decision of the Commissioner or New York State Department of Labor Hearing Officer, shall be final and conclusive unless determined by a court or competent jurisdiction to have been fraudulent, or arbitrary, , or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. R. Terminating or Sus ensign of Grant The Department of Labor may suspend or terminate this contract in whole, or in part, at any time before the completion date: 1) Whenever it has been determined that the Contractor has failed to comply with provisions of Federal and State Law, rules and regulations, the requirements of the Department, or the terms and conditions of the contract. 2) Whenever the Department determines that the Contractor is failing to achieve program goals and the contractor fails to take corrective action prescribed by the Department. 3) When the Contractor fails to comply with the participant and fiscal reporting requirements established by the Department. 4) When the New York State Department of Labor determines the result of gratuities, that the Contract was secured by the Contractor as 5) When federal or State funds become unavailable as provided below. 6) Whenever, for any reason, the Commissioner of Labor shall determine that such termination is in the best interest of the State. The Department shall send notice of suspension or termination to the Contractor which will specify the extent of suspension or termination, the reason for suspension or termination, and date such suspension or termination becomes effective. In lieu of suspension or termination, the Department may specify a cure time the Contractor will be required to correct any program deficiences or contract brea b l a tionary) period during which [Upon receipt of notice of suspension, the Contractor shall discontinue further commitments of grant funds to the extent that they relate to the suspended portion of the agreement . Upon receipt of notice of termination, the Contractor shall (1) discontinue further commitm to the ents of grant funds extent that they relate to the terminated portion of the agreement; (2) promptly cancel all s ntracts utilizing funds ubco under this agreement to the extent that they related to the termination portion of the contract; o settle, with the approval of the Department. all outstanding liabilities and claims arising from such terminations; (4) submit within a reasonable time period but not to exceed three (3) months after the receipt of the notice of termination, a termination settlement proposal which shall include a final statement of all unreimbursed costs related to the terminated portion of the contract, but such final statement %M not include the cost of preparing a settlement proposal, if ilre total amount of rEinrbursable costs tier the terminated portion of the contract is less than the total payment theretofore made to the contractor. rite contractor shall promptly repay the Department the excess amount. lz the ext�^rtt permitted by law, this :Agreement shall he deemed in the sole discretion of the Department temtinated immediately upon the tiliatg of a petition in bankruptcy or insolvency. by or against the Contractor. Such termination shall be inunediate and complete, tit ithout termination costs or further obligation by the Department to the Contractor. Page 7 �0 S.h_ovid the Depa- Micr,t I temaine that Federal or State funds are limited or become unavailable for any reason, the Department may reduce the total amount of funds payable to the Contractor, reduce the contract period, suspend the contract or deem this contract terminated immediately. The Department agrees to give notice to the Contractor as soon as practicable, in the event of termination under this paragraph. If the initial notice is oral notification, the Department shall follow this up immediately with written notice. S. Recoup ent c►f Fund>i/ lo Audits The Department shall have the right to audit or review the Contractor's performance and operations as related to this Agreement and/or to retain the services of qualified independent auditors or investigators to perform such audit and review on the Department's behalf. If the review indicates that the Contractor has violated or has not complied with the material terms of the Agreement or any other Agreement with the Department, or has abused or misused the funds paid to the Contractor, the Contractor agrees to pay to the Department any costs associated with the review, In addition, the rights of the Department shall include, but not be limited to: Recovery of any funds expended in violation of the Agreement; - Suspension of Payments Termination of the Agreement; and/or Employment of another entity to fulfill the requirements of the Agreement. The Contractor will assist the Department in transferring the operation of the contracted services to any other entity selected by the Department in a manner that will enable the Department or clients to continue to receive services in an on -going basis, including, but not limited to, notifying clients of the new entity to which the services will be transferred and the effective date of the transfer, providing the new entity promptly and at no charge with a complete co clients' and all other records necessary to continue the provision of the transferred services, and transferring an f the y equipment purchased with funds provided under this Agreement. Nothing herein shall preclude the Department from taking actions otherwise available to it under law including but not limited to the State's "Set -off Rights" and "Records" provisions . contained in Appendix A (Standard Clauses for all New York State Contracts). The Contractor agrees to cooperate fully with any audit or investigation the Department or any agent of the Department may conduct and to provide access during normal business hours to any and all information necessary to perform its audit or investigation. If the Contractor fails to cooperate, the Attorney General, State Comptroller, the Department, and any representatives specifically directed by the State Comptroller or the Department shall take possession of all books, records and documents relating to this Agreement without prior notice to the Contractor. The Department will return all such books, records and documents to the Contractor upon completing the official purposes for which they were taken. The Contractor agrees that all agreements between the Contractor and a subcontractor or consultants for the performance of any obligations under the Agreement will be by written contract (subcontract) which will contain provisions including, but not limited to, the above specified rights of the Department. At the termination of any program grant, the Department may recoup funds provided to Contractor if it is determined pursuant to an audit that the Contractor failed to :meet its performance goals, failed to provide match, received payments for expenses that cannot be verified with the appropriate documentation. abused or misused funds or otherwise failed to c-c a ith federal or State Stat€ttory requirements of the grant. 1 . Subreci ient Audits .1i1 Contractors and :ubcc)ntractors %i ho are determined to be subrecipients pursuanrto 0 11 3 Circular A -133. : tithes. 1_oca1 [ion erntrnents. and Non - Profit ©r2ani7ations" and 29 CFR Part 9 " audits of 9 are subject to the follotwing: Page 8 _...,.,, Yu�'dl guvernrrients and non - profit organizations that expend $500,000 or more in Federal funds under more than one Federal program in any fiscal year must obtain an independent, organization -wide, single audit conducted in accordance with OMB Circular A.133. In the alternative, any state local government or non - profit organization, that expends $500,000 or more under only Federal program, and that Federal program's laws, regulations or grant agreements do not require a financial statemen t audit of the auditee, may elect to have a program - specific financial and compliance audit. y ne For-profit organizations that expend $500,000 or more in Federal funds in any fiscal year must have either an independent, organization -wide, single audit conducted in accordance with OMB Circular A -133 or a program- financial and compliance audit. The audits for Contractors are to be submitted within one month after receipt of the auditor's report or no later than nine months after the end of the Contractor's fiscal year to the following address: New York State Department of Labor Workforce Development and Training Division Office of Contract Review and Expenditure Control Room 425 Albany, New York 12240 Contractors are responsible for collecting audits from subcontractors determined to be subrecipients pursuant to OMB Circular A -133 and 29 CFR Part 99 and must make the audits available for review or inspection. Any Contractor that expends less than $500,000 in Federal funds are exempt from Federal audit requirements for that fiscal year, but records must be made available for review or audit by a pproriate Labor, New York State Department of Labor, and U.S. General Accountability Office ic Labor, U S Department of To determine when a Federal award has been expended, the Contractor Part 99.205. should refer to OMB Circular A -1 33 and 29 CFR The Office of Contract Review and Expenditure Control shall evaluate any findings and recommendations in the Contractor's final audit report along with the related correspondence and Corrective Action .Plan ( CAP ) which may include the expected auditee action to repay disallowed costs, or to take other action submitted by the auditee as part of the Department's audit resolution procedures, s the t s, make financial adj Expenditure Control is in agreement with all aspects of the CAP, they will issue a management determination indicating Off of Contract Review and the acceptance of the CAP. If the Contractor disputes the management determination of any finding, it has thirty 30 days from the date of this letter to request an independent hearing, Pttbiicit /PublicationsiCo •ri hts /Patents Publicity includes, but is not limited to, news conferences, news releases, advertising, brochures, reports, discussion and, or Presentations at conferences or meetings. The inclusion such reference to N of our materials, the Department's agency name. or other ew York State and or The Department of Labor in any document or forum is considered publicity s ,'V releases. publicity any other public announcements regarding this project may not be released without N r l a s s the Departmm ent. ri r pro p or any ity .publication. training announcement, tneeting or training session nhich is funded in whole or in part thrott h an :ictit suppi r[rd under this :lgreenieni may not be published a itliouE nor a M 1) ;frail acknowled ledge the Support of the Depertnierit and the State of N P pproN al of the Department, ti� Bich results 4pl,licable f<ileral furrclittg ew York and, if funded N►it y agency. and ( 2) , hall state that the Opinions. results. findings and. or interpretations of data . "utained therein are the responsibility Of the COxrtractor and do not necessarily re resent h federal funds. the polio% of the Departnirnt or the State Of New York interpretation p the opinions, n or Page 9 1 o' All materials developed and created by C'.nntrn rn �,__ Department, will be considered to be "works made { for hire" as defined n under he�U.S Agreement ment will be owned by the assigned to the Department. Contractor agrees to execute all papers and perform all other acts necessary to herey assist the other En obtain and register copyrights and to effectuate the intention of this Agreement. For all other pre - existing works, the Department and the State of New York expressly reserve the right to a royalty -free, non - exclusive and irrevocable license to reproduce, publish, distribute or otherwise use, in perpetuity, any and all copyrighted or copyrightable material resulting from this Agreement or activity supported by this Agreement. All publications by the Contractor covered by this Department shall expressly acknowledge the Department's right to such license. All of the license rights so reserved to the Department and the State of New York under this paragraph are equally reserved to the U.S. Department of Labor or the United States Department of Health and Human Services, as applicable, and subject to the provisions on copyrights contained in such federal agencies'regulations if the Agreement is federally funded. The Contractor agrees that at the completion of any scientific or statistical study, report or analysis prepared pursuant to this Agreement, it will provide to the Department, at no additional cost, a copy of any and all data supporting the scientific or statistical study, report or analysis, together with the name(s) and business address(es) of the principa) producing the scientific or statistical study, report or analysis. The Contractor agrees and acknowledges the right of the ls Department to release the name(s) and business address(es) of the principal(s) producing the scientific or statistical study, report or analysis, together with a copy of the scientific or statistical study, report or analysis and all data supporting the scientific or statistical study, report or analysis. The Contractor agrees that any and all inventions, conceived or first actually reduced to practice in the course of, or under this Agreement, or with monies supplied pursuant to this Agreement, shall be promptly and fully reported to the Department. Determination as to ownership and/or disposition of rights to such inventions, including whether a patent application shall be filed, and if so, the manner of obtaining, administering and disposing of rights under any patent application or patent which may be issued, shall be made pursuant to all applicable law and regulations. V. S edific Prohibitions Covenant Against Contingent Fees The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding f ©r a commission, percentage, brokerage, or contingent fee, or breach or violation of this warranty. The Department shall have the right to annul this Contract without liability or, in its discretion, to deduct from the award, or otherwise recover the full amount of such commission percentage. hrnknracia fee. \ Sectarian Fite funds provided to the Contractor are for secular purposes and will be used to provide employment and or training services as described in the contract to persons regardless of religious affiliation and shall be performed in a manner that does not discriminate on (fie bases of religious belief or promote or discourage adherence to religion in general or particular religious beliefs. No Funds will be used for the advancement of a particular religion. Political .kcti"ities Funds prm ided pursuant to the .lgreernent shall not be used for anv partisan political activity influence legislation or the election or defeat of any candidate for public office. , or for activities that may Page 10 W. E ui ment! This section '4V, does not a 1 to erformance based milestone contracts the milestone payment schedule as set forth in Appendix B which will be reimbursed in accordance with th l ui ment Procurcment/RentaD eases Equipment is tangible personal property having a useful life of more than one year and an acquisition cost of $50o or more per unit. If an item of equipment listed by the contractor is available as surplus to the Department, the Department shall arrange to provide such equipment to shall be vested in the the Contractor funds under this contract shal lieu of purchase of such equipment. Title to all equipment purchased with Department and disposition of all such equipment shall be part of the Contractor's final accounting under this contract. If the Department consents in writing, the contractor may retain Possession of purchased equipment after the termination of this agreement to use for similar will return such equipment to the Department at the Contractor's cost and expense when it is n nger used for those or Purposes or upon the written request of the Department, whichever event happens first. In addition, the Contractor agrees to permit Department representatives to inspect the equipment and to monitor its at reasonable intervals during the Contractor's regular business hours. The Contractor shall be responsible for maintaining and repairing equipment purchased or procured under this contract at its o awn cost and expense. The use unt satisfactory to the Department ' Contractor shall procure and maintain insurance at its own cost and expense in an am naming the Department as an additional insured, covering the loss, theft or destruction of such equipment. The Contractor will be required to sign a certification form available from the Department, requesting custody of such equipment for continued use after termination of the contract. As such, rental of equipment is encouraged where the total expenditure for rental will be significantly less than the purchase price. A rental charge to this contract for a piece of equipment awned by the Contractor will not 6e allowed, Space In situations where the Contract receiving reimbursement for Space Rental, it must be clearly indicated in the Budget Narrative section. In addition, the Budget Narrative must also indicate whether the Contractor rents or owns the X, space for which they are receiving reimbursement and the basis used in developing the rental charge. State Travel ExnPnss This section X. does not a 1 to erfortnancc based milestone contracts which will be reimbursed in accordance with the milestone payment schedule as set forth in Appendix B. Travel expenses may be reimbursed at rates in line with the written standard travel policy of the enti or the NYS Comptroller's guidelines for Management Con th Confidential employees. Such expenses must conform to the budget a rove by the Department and be necessary for e performance of the work under this agreement. In addition, no out-o d travel costs are allowed unless specifically detailed and pre - approved by the Department. �•• Provisions Gorernin Subcnntractin Hie Contrtctar may not assign, transfer, canoe , ub -let or otherwise disease of its right, title and interest in this contract. or its power to execute this contract to any other person, company or corporation without the revious written ccln.ent of the Department. In all cases where a Contractor with the New York State Department of Labor subcontracts P an} portion of that Ct: the contractor retains full liability and responsibility for assuring cuntr.tct. including lhoae to any , ubcontractor(s) are expended in compliance with: that all funds under that Vile State and Federal lasts, rules and regulations governing tite expenditure of such funds; a nd The prop isions of this contract including but not limi line item. ted to budget specificity and reasonable cost allocation to Page 11 i The Contractor will be responsible for identifying in the contract its plan for subcontracting. When actual subcontracting details are not known, subcontract information - including a brief, but definitive, narrative description of each program or service to be subcontracted, with whom subcontracting will be implemented (if known), the anticipated outcomes and the projected budget - will be incorporated into the contract, The contract may then be conditionally approved. When the actual subcontract is executed, the contractor must provide detailed subcontract information (copy of subcontract will suffice) to the Department within 15 days after execution. If a copy of the subcontract is not provided, the details required will include: a) name of subcontractor; b) services to be performed; c) program design; d) anticipated outcomes; and e) line item budget - - with cost category explanations Failure to comply with the above may result in the withholding of funds, suspension and/or termination of the contract. .Failure to resolve within 30 days any non- compliance issues identified by the Department 's review of the subcontract information may result in the withholding of further funds until such time as the non - compliance issues are resolved. Z. Non -Du lieative Reintbarsement Signature of this contract constitutes certification by the contractor that payment requests will not duplicate reimbursement of costs and services received from other sources. A.t. I`he Contractor hereby agrees to a 6% participation goal by New York State Certified Minority and 5% participation goal by New York State Certified Women -owned Business Enterprises (M /WBEs) in work provided or services performed in New York State under this Agreement in accordance with utilization goals established by the Department. These goal percentages are subject to the requirements of Article 15 -A of the Executive Law of the State of New York and regulations adopted pursuant thereto. Use of Mr'WBE firms by the Contractor may be as subcontractors and/or suppliers. The Contractor agrees to submit periodic utilization reports on forms provided by the Department in accordance with a schedule established by the Department. Compliance reports will be submitted on a quarterly basis. Contractor further agrees to the submission of periodic Work force Uti lization reports on forms provided by the Department in accordance with a schedule established by the Department The report will provide information on specified ethnic background, gender and federal Occupational categories. Work Force Utilization reports showing the actual work force composition by the above breakdown, will be required on a quarterly basis during the term of the contract commencing with the quarters ending June 30, September 30, December 31 and March 31 of each year to the program liason. All reports must be submitted to the following address by the quarterly due dates outlined in the "M.'WBE and Work Force UIilization Reporting Schedule" provided to the Contractor by the Department. Division of Equal Opportunity DcNelopment t1%V13f :lchninistrator NYS Dept. of 3_abor State ()tfice (`:rntpus Building 12, Room 5.10 Albany. NY 12240 518 45 7 - 19841'a±c: 518- 4 -25^5 NYC: 212- 352 -6603 Page 12 uirecto of Certified M/WBE Businesses: � The Directory of Certified MWBE Businesses is available on the internet at: httn__ - //205 2 32,252351 A downloadable version of this data base is also available on this site. For additional information or assistance in utilizing the Directory you may contact.. Division of Minority and Women's Business Development Phone: 1 -800- STATE -NY (1 -800- 782 -8369) E -mail: esdrzem ire.state.n ,us Good Faith Efforts. In addition to the fulfillment of the goals established above Contractor is encouraged ura ed to employ minority and women workers and solicit the participation of certified M %WBEs as subcontractors and suppliers on lVL'WBE Re ulations: A copy of the applicable regulations, 5 NYCRR Parts 140 through 145, will be provided upon request to: New York State Department of Labor Division of Equal Opportunity Development State Office Building Campus Building 12, Room 540 Albany, New York 12240 (518) 457 -1984 Page 13 10/10/03 APPENDIX D 1 l '' STATE CERTIFICATIONS The undersigned, as a duly sworn representative of the contractor /vendor, hereby attests and certifies that: 1) No principal or executive officer of the contractor's/vendor's company, its subcontractor(s) and /or successor(s) is presently suspended or debarred; and 2) The contractor/vendor, its subcontractor(s) and /or its successor(s) is not ineligible to submit a bid on, or be awarded, any public work contract or sub - contract with the State, any municipal corporation or public body for reason of debarment for failure to pay the prevailing rate of wages, or to provide supplements, in accordance with Article 8 of the New York State Labor Law. 3) The contra ctorlvendor, its subcontractor(s) and /or its successor do not have any outstanding debts owed to the Department, including but not limited to, contractual obligations, fines related to Safety and Health violations, payments owed to workers for public works projects or the general provisions of the Labor Law, unemployment insurance contributions or other related assessments, penalties or charges. "NONDISCRIMINATION IN EMPLOYMENT IN NORTHERN IRELAND: MacBRIDE FAIR EMPLOYMENT PRINCIPLES" In accordance with Chapter 807 of the Laws of 1992 the bidder, by submission of this bid, certifies that it or any individual or legal entity in which the bidder holds a 10% or greater ownership interest, or any individual or legal entity that holds a 10% or greater ownership interest in the bidder, either: (answer Yes or No to one or both of the following, as applicable.) 1. Has business operations in Northern Ireland: Yes X No If Yes: 2. Shall take lawful steps in good faith to conduct any business operations they have in Northern Ireland in accordance with the MacBride Fair Employment Principles relating to nondiscrimination in employment and freedom of workplace opportunity regarding such operations in Northern Ireland, and shall permit independent monitoring of its compliance with such Principles. Yes No 9 I f I NON - COLLUSIVE BIDDING CERTIFICATION By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his or her knowledge and belief: 1 The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit to bid for the purpose of restricting competition. 1, the undersigned, attest under penalty of perjury that I am an authorized representative of the Bidder /Contractor and that the foregoing statements are true and accurate. 7 APPENDIX E U° A T IvNAL SAF ETY AND HEALTH Terms and Conditions Applicable to Training nd 9 Education Programs Notwithstanding any term or condition to the contrary contained in APPENDIX C th shall apply to any contract with the New York State �Pa►tment of Labor far training and , e following terms and condii safety and health: t g education Programs on occupat x. The intent of the grantee to utilize any subcontractor(s) must be disclosed to the applIc and the identify of any subcontractor(s) or consultant(s) so utilized must be provided to the all such further information required under Section X of APPENDIX C riot t grantor at the time of ether such subcontractor(s) or consultant(s). o any disbursements under the gr, grantor, together p The Board may authorize a grantee or subcontractor to accept services from another ran - It is Fully disclosed in the RFP'applicatlon as to what service will be provided a g tee or subcontractor - It is adequately documented that the use of this service will provide s an d by whom it will be pr Provided by the applicants staff; superior training servic than could be The individual who will provide the service and the organization that they represent mu s reimbursement is only received from the State under one grant t ensure that employed chooses to provide the service without charge to the other n . If the grantee by which the person is charges may be reimbursed under their grant. if the organization r r eent 9 the s ervice s and documented only they may be reimbursed for the reasonable and documented cost under their grant• Pays for the service tin In any case of grantee acce NYSDClL Grant Mana p g services from another grantee both grantees must not their re cave 9er, in advance of the activities that will take place, � - Where a training session is conducted under these situations, only one grantee may count the partkii3ants as trained under their grant, This exemption may only be granted at the time of review of the original application, Th consider requests during the Program year and only the Bo e Board will not ard ma y grant this exemption. Nothing herein shall prevent a grantee from utilizing the services the New York Region solely to obtain OSHA Provided by the OSHA certified training center for certification for its agents so that they may r grant. This exemption shall only apply where an OSHA certified course of instruction is r agent to conduct the required trains as an essential element of the being funded by the grant. Y P coulter for the grantee's pmgram bei Quire training under the � r'�9 2. Pursuant to the direction of the grantor, the grantee shall maintain i meeting relating to the grant, including training and education sessions, and submit osamed attendance at any to the grantor. 3 • The grantor shall be Permitted unrestricted entry to training and education sessions conducted by the grantee and/or any subcontractors) of the grantee for the ur compliance with the purposes and objectives of the grant, nd said en monitoring same to determine satisfactory grantee and /or subcontractor, try may be without prior notification to the 4• No administrative costs incurred b the grantee in the preparation reimbursement by the grantor, and no funds disbursed under the grant shall be utilized the actual casts incurred by the grantee which are of the grant application shall be subject to shall be eligible for reimbursement. directly attributable to per of to defray stich the terms of the cos ts. Only in comparison with the services contractually S. In all periodic (now quarterly) prog re ports ports to the grantor, the grantee shall detail the actual services delivered required under the grant. 6. Grantee acknowledges that a written assessment/evaluation of the grant program will be made by grantor at the end of the contract period and will be used In determining the rating of grantee as an appli In the succeedini year. 7. Program Reporting Responsibilities Contractor will provide a monthly progress report and a quarterly written report furnishing information on activities completed, numbers of persons trained and technical assistance responses provided. 8. Additional Responsibilities The contractor shall provide timely notice of training and other program events to the Department of Labor for monitoring purposes. As program materials are developed, one copy of each shall be forwarded to the Department labor. By the end of the contract period, the contractor will have supplied the Department of Labor, at no cost, with one copy of all training materials produced. All such materials shall bear the legend, "Produced through a grant from the New Yorl State Department of Labor Occupational Safety and Health Training and Education Program." This does not mean that the material is endorsed by the Department. 9. Copyrights Grantor shall have the right to copy any training material developed with under this grant, and Is hereby granted a perpetual, non - transferable, royalty free license. Grantee may charge no more than a nominal fee to users for the use of materials developed with funds, such fee to cover only the cost of reproduction and distribution of such materials. APPENDIX F City of Buffalo T013129 A. STAFF SALARIES GM 314.1 (12 -93) City of Buffalo Contract Master.xls DBP (1) Appendix S (DSP 1) 7/7/2008 3:37 PM City of Buffalo T013129 Appendix 8 (DBP 2) pow CAM 394.2 (12 -93) City of Buffalo Contract Master.xls DBP (2) 71702008 3:37 PM C. CONTRACTED SERVICES SO City of Buffalo T013129 Appendix B (DBP3) GM 314.3 (12 -93) Cit of Buffalo Contract Master.xls DBP (3) 717/2008 3:37 PM 30 i STATE OF NEW YORK HAZARD ABATEMENT BOARD OCCUPATIONAL SAFETY AND HEALTH TRAINING AND EDUCATION PROGRAM PROJECT SUMMARY 1. Write a brief summary of your project goals and the strategies you will use to achieve them; Indicate your specific target population(s) for each goal /objective. Over the last two grant years, the Hazard Abatement Board has granted the City of Buffalo a J, Hazard Abatement Board training and education grant. The City of Buffalo greatly appreciates the support it has received from the Hazard Abatement Board in its efforts to upgrade our safety and health training program. Since training has begun in 2006 the City of Buffalo has been able to provide training on a wide range of topics to a very large number of our employees. In preparation for this application, Department Supervisors, the Safety and Health Committee and the Human Resources Department conducted a needs assessment to determine what training topics were still considered vital, that had not been covered over the past two years. The conclusions of the needs assessment concluded three City Departments would participate in training under this application; City Hall employees (25), Sewer Authority (75) and the Department of Public Works (120). Topic for training for these departments was selected based upon the needs of the individual departments, City of Buffalo safety records and workers compensation claims. As was the case with our previous applications, the primary goal and objective of this grant application will be to continue efforts to update the city wide, safety and health training program for our employees. This will enable the City of Buffalo to reduce the number of accidents and injuries to not only our employees, but also to residents and visitors to the City of Buffalo. Our focus this year will be to target very specific topics of training for the three departments that have been selected to participate. With this in mind, additional goals have been established including; y Address specific health and safety concerns of our City Hall employees to improve the safety conditions they face on a daily basis Improve the knowledge base of Sewer Authority employees on topics that have a high incident occurrence within their department ➢ Assist the Department of Public Works in training a formal Hazardous Waste Response Team. The needs assessment also concluded that nine topics for training should be included in this program; Pain Management, Workplace Violence 11, Welding /Cutting, Heat/Cold Stress, Hazardous Waste /Emergency Response, Bloodborne Pathogens, Asbestos /Lead Awareness, Lab Safety and Slips, Trips and Falls. The objectives for each topic of training are found below: The pain management training session will seek to address pain management. Emphasis will be placed on evaluation of affected employees and developing personal medical and psychological approach to correct pain causing factors. Participants will understand some practices, exercises and techniques that will allow them to reduce the affects everyday hazards have on their physical well being I ,l 2 r' I� The workplace violence II training session will seek to address the prevention of workplace violence incidents in the workplace. This training will include discussions of the following areas, what actions to take in a situation that is becoming threatening, basic self defense, incident reporting and the steps that can be taken to de- escalate a situation. This advanced workplace violence training session address the actions one can take in a situation that has already escalated to a near physical confrontation. The weidinglcutting training session will seek to address the basics safety guidelines that should be followed when welding or cutting. This class will identify and address welding and cutting hazards commonly found in the workplace. Discussions will include safety work practices, welding when working in confined spaces and the importance of good housekeeping. The module will discourage employees from taking shortcuts and reinforce safety procedures when using welding or cutting equipment, ➢ The heat/cold training session will assist trainees identify hot and cold environments in the workplace and the risk factors associated with exposure. Sign and symptoms of heat and cold stress will be discussed including recognition of life threatening conditions. This may include hypothermia. Control mechanisms for heat exposure will be provided. The hazardous waste /emergency response training session will seek to address proper safety procedures for trainees likely to witness or discover a hazardous substance release. Emphasis will be placed upon the need to quickly respond to hazardous wastes and substance release which might occur. Other program activities will focus on the need to follow an established safety plan, evaluation of the site characteristics so the proper emergency responders are called, evacuation of the site and protection of the employees from exposure to a potential hazardous substance, The importance of posting evacuation and other emergency plans prominently in the workplace will be stressed. general health Y The bloodborne pathogens training session will seek to address pathogens. Epidemiology EEpidemiology requirements when responding to exposure s of bloodborne and symptoms of bloodborne diseases, contact and treatment plans will be discussed. Safeguards will include the proper use of personal protective equipment (PPS's), washing of hands and other contact surfaces, disposal of contaminated devices and opportunities to obtain appropriate vaccines (Hepatitis B). The use of respirators or respiratory PPE's to prevent the spread of infectious diseases will be discussed and demonstrated. The asbestos /lead awareness training session will provide trainees with information on health risks associated with asbestos exposure. Topics specifically covered will be the manner of asbestos usage, release and storage of asbestos and the nature of the operations and actions that can cause exposure. Additionally, this module will cover specific procedures and practices that can be used to protect employees, such as appropriate work practices and emergency clean up. Demonstration on the proper use and fitting of personal protective equipment will also be a part of this training. The lab safety training session will seek to address the hazards and dangers that may be present while working in a laboratory setting. This training will involve an introduction to the lab standard, employee responsibilities and a review of important personal protective equipment that may be used to protect employees, Other topics for discussion will include the toxicity of commonly used compounds, how to clean accidental spills or release and mandatory work practices. 3 � l'1 The slips, trips and falls training session will seek to address the prevention of slips, trips and falls in the workplace. This training will include discussions of the following areas, removal of potential slip, trip and fall hazards, properly maintaining work: areas, taking precautions on stairs and open areas and the appropriate use of ladders. Trainees with gain knowledge of how to prevent and eliminate hazards in the workplace which can lead to injuries and accidents related to slips, trips and falls. 2. PLEASE LIST COUNTY OR COUNTIES THAT PROGRAM WILL SERVE Erie County 3, IS THIS PROJECT A JOINT VENTURE? IF SO, INDICATE CO- SPONSORS) No 4. APPLICANT DESCRIPTION (Please indicate total number of employees and web address if available) Buffalo www.c�. architecture . t bu ffalo.nv.us ) is a city rich with culture and history. From the inspired he "Avenue of the Presidents" to our exciting championship sports teams to our famous art collections and exhibits, Buffalo shines. As an "All America City," a gateway to one of the Seven Wonders of the Natural World, and a center of commercial development and cultural activity, Buffalo inspires. And with a new master plan for our schools, our newly designed award- winning airport, and innovative efforts to bring the region's economy to a new level, Buffalo moves. Buffalo economic political, and social vitality are the central issues on the minds of our city's, leaders. With innovative new projects all over the Greater Buffalo Area, and legislative efforts to encourage growth and development in the region, Buffalo's leaders are at the forefront of our city's expansion. Mayor Brown will coordinate these efforts, along with the members of the Buffalo Common Council, toward a unified vision of prosperity, The Mission Statement of the City of Buffalo: "To improve the quality of life within the City of Buffalo for it's taxpayers, businesses, residents and visitors, while transforming and rebuilding the City into a vibrant and growing home ownership, business, education and entertainment hub within Erie County and the Western New York Region" The City of Buffalo is located in Erie County and currently has approximately 2,700 employees. It is anticipated that 220 of our employees from three different departments (City Hall, Department of Public Works and the Sewer Department) will be take part in activities related to the 2008 -09 HAB grant. HAB TE -101 (10 -07) M J Training & Grant Manager u ment S A. Training Charged to the Grant - (please list 1 topic per line listing additional topics on a plain sheet if needed) Total: N a , r psr DJred Tram- ell 16 trak�..' Tr.' 1 Total W TRAI NING TOPIC, Sesslon Im c Firs. "'. . . w �T ra In Pain Management 12 2 1 24 24 12 145 Workplace Violence 11 5 2 - 1 0 1 4 10 5 Welding/Cutting 2 2 - 1 4 10 25 20 Heat/Cold Stress 16 2 1 32 32 12 195 Hazardous Waste/Emer ency Res once 3 4 1 12 12 10 Bloodbome Patho2ens 10 2 1 20 20 10 30 100 Asbestos/Lead Awareness 3 9 1 6 6 Lab Safety 4 4 4 5 10 S 2s, Trips and Falls 4 2 .. 5 � :TOTALS ST 11. T B. Training to be Provided Under the Grant But Not Charged to the Grant — (please list I topic per line listing additional topics on a plain sheet if needed TOTALS TOTAL:CONTRACT HOUR EXPLANATIONS (if any): 14 D. Other Grant Activity - (please list I topic per line listing additional topics on a plain sh ..e.e. t i nee Tim . ... . . . .. ..... .. .. F77777 H Total HM rs. per LIST OTHER ACTIVITY . Grant Yr. I of Ai ififv Advil, it - '; l PROJECT NARRATIVE Section I PROJECT NEED AND DESIGN Pain Management Priority #1 1) What is the activity, and which target groups and hazards are addressed? The training sessions offered for this module of training will be conducted on -site, in a classroom styled setting. This module of training will seek to improve pain management awareness and prevent unsafe conditions, accidents and personal injury. All training materials developed as a result of this program will become part of the City of Buffalo's safety awareness program and will be available as a reference guide or handout to all employees. Taking into account such factors as the nature of the work performed by individual employees or departments, the known safety and health factors present in their workplace and an analysis of company safety records /compensation claims, it has been determined that the following categories of employees should participate in this module of training: ➢ Department of Public Works (920) ➢ City Hail Staff (25) This training session will seek to address pain management. Emphasis will be placed on evaluation of affected employees and developing personal medical and psychological approach to correct pain causing factors. Participants will understand some practices, exercises and techniques that will allow them to reduce the affects everyday hazards have on their physical well being. 2) How did you determine that the target group needs this activity? A final determination of the topics being requested in this application was made after a series of internal discussions between Department Commissioners, the Human Resources Department and the City of Buffalo Safety and Health Committee. The committee's recommendations ultimately served to determine the topics that were included with this application. Another factor in the final determination of the topics requested was the findings of a needs assessment completed in advance of this application. People develop pain for many reasons and it is a common health problem which affects one out of every two to three individuals in the United States. Though acute and chronic pain can both be debilitating, chronic pain is one of the major causes of mental and physical disability commonly misdiagnosed and inappropriately treated. Pain has become the "fifth vital sign" which must be regularly assessed along with pulse, blood pressure, temperature and respiratory rate — the other four vital signs. Pain has major physical and psychological impact on the person ability to perform their job effectively and safely. By helping our employees deal with the management of their pain, we hope this will assist them in the performance of their duties and decrease the risk of harming themselves or their co- worker because of issues with pain management. 3) How will you ensure adequate numbers of people are trained? The Human Resources Department, in conjunction with Department Supervisors, has designated which employees will participate in this training program. They will also be responsible for designating a minimum number of employees to attend each of the training 15 sessions. Attendance will be mandatory for all employees identified in this application. This will ensure 700% compliance and guarantee that an adequate number of employees will be trained each cycle. 41 Please provide completed Training and Grant Management Summary. If needed, narrative may be provided for clarification. Please see the completed Training and Grants Management Summary for a summary of the training plan. 5) What education, training, and communication techniques will be used, who will provide them and where? This training module will be provided in an interactive classroom style. A typical session will involve lecture, multi -media presentation, hands on exercises and appropriate safety product demonstrations. Activities will include group problem solving and exercises that can relive anxiety and pain. Multi -media presentations will be customized with photographs of the actual facilities, operations and equipment built right into the presentation. Handouts, guidelines, checklists and employer policies will be offered. A short amount of time will be allotted for a question and answer session to provide any additional information not covered in the presentation. All training sessions will be conducted on -site at on of the City of Buffalo facilities. Erie Community College has been selected as the training provider for all training listed in this application. Resumes for all instructors that are expected to conduct training sessions are included with this application. 6) What specific attitudes, skills, and knowledge will each person get as a result of the activity? Participants will understand the importance of evaluating and approaching pain through a formal Pain Management Program that: ➢ Addresses both chronic and acute pain ➢ Evaluation of sources of pain Major physical and psychological impacts ➢ Possible elimination of pain sources ➢ Treatment options ➢ A program approach ➢ Working safely with pain 7) How will you find out if each person got the intended attitudes, skills and knowledge? In order to gauge program effectiveness, each trainee will be asked to complete an evaluation form at the end of a training session. These evaluations will be reviewed by the Instructor, Department Supervisor and the Human Resource Department. The evaluation process will gauge the effectiveness of the presentation and provide an opportunity for feedback from individual trainees. Recommendations from the trainees will be considered for future training sessions as a means to continuously improve the training sessions. After the training sessions have been conducted, Department Supervisors will observe program participants to further gauge the impact the training sessions have on the overall M safety program. Supervisors will also have the opportunity to conduct interviews with trainees or observe training sessions first hand. 8) How will you find out whether the activity reduced the incidence /severity of occupational illnesses and injuries? The Human Resources Department will designate an employee that will be responsible for preparing reports to management related to accidents, injuries and compensation claims. A comparison of current and future data to previous data collected will identify any,reduction in incidents and severity of injuries and illness. 9) What are the estimated total and per person cost of the activity to be charged to this grant, and how did you determine whether the benefit of the activity is worth the cost? The estimated cost of this module of training, total hours requested, total number of trainees and average cost per trainee is displayed in the table below: ff f this module $3,000.00 24 er of trainees 146 st per trainee $20.69 All training materials will be provided by Erie Community College. Any costs associated with these materials are provided at no additional cost to the grant beyond the hourly rate indicated in the budget section (Contractual Services), 10) How did you determine that the activity would not duplicate occupational safety and health resources that are already available? The training provider, Erie Community College, will prepare and deliver a customized safety and health training program. All multimedia presentation materials, handouts and guidelines will be developed with input from key company personnel. Additionally, a guided facility walk through will provide an additional opportunity for the training provider to customize training materials with photos of equipment, facilities and working conditions that are present in the workplace. By providing a customized training program, complete with company policy and actual photos of the worksite, equipment, and conditions present, it is hoped that employees will embrace the program. Acceptance of the program will be critical to its long term effectiveness. 17 PROJECT NARRATIVE Section I PROJECT NEED AND DESIGN Workplace Violence II Priority #2 1) What is the activity, and which target groups and hazards are addressed? The training sessions offered for this module of training will be conducted on -site, in a classroom styled setting. This module of training will seek to improve advanced workplace violence awareness and prevent unsafe conditions, accidents and personal injury. All training materials developed as a result of this program will become part of the City of Buffalo's safety awareness program and will be available as a reference guide or handout to all employees. Taking into account such factors as the nature of the work performed by individual employees or departments, the known safety and health factors present in their workplace and an analysis of company safety records /compensation claims, it has been determined that the following categories of employees should participate in this module of training: y City Hall Staff (25) This training session will seek to address the prevention of workplace violence incidents in the workplace. This training will include discussions of the following areas, what actions to take in a situation that is becoming threatening, basic self defense, incident reporting and the steps that can be taken to de- escalate a situation. This advanced workplace violence training session address the actions one can take in a situation that has already escalated to a near physical confrontation: 2) How did you determine that the target group needs this activity? A final determination of the topics being requested in this application was made after a series of internal discussions between Department Commissioners, the Human Resources Department and the City of Buffalo Safety and Health Committee. The committee's recommendations ultimately served to determine the topics that were included with this application. Another factor in the final determination of the topics requested was the findings of a needs assessment completed in advance of this application. The Staff at City Hall often deals with the public, whom at times can be agitated and upset. While thankfully we have had no major incidents of violence at City Hall, the possibility exists for a violent confrontation. Being proactive in training our staff and basic self defense and how to handle a crisis situation is very important to our employees. 3) How will you ensure adequate numbers of people are trained? Same as Priority #1 4) Please provide completed Training and Grant Management Summary. If needed, narrative may be provided for clarification. Please see the completed Training and Grants Management Summary for a summary of the training plan. W 1J 5) What education, training, and communication techniques will be used, who will provide them and where? This training module will be provided in an interactive classroom style. A typical session will involve lecture, multi -media presentation, hands on exercises and appropriate safety product demonstrations. Activities will include group problem solving and a simulated workplace violence situation, along with some basic self - defense tactics. Multi -media presentations will be customized with photographs of the actual facilities, operations and equipment built right into the presentation. Handouts, guidelines, checklists and employer policies will be offered. A short amount of time will be allotted for a question and answer session to provide any additional information not covered in the presentation. All training sessions will be conducted on -site at the one of the City of Buffalo's facilities. Erie Community College has been selected as the training provider for all training listed in this application. Resumes for all instructors that are expected to conduct training sessions are included with this application. 6) What specific attitudes, skills, and knowledge will each person get as a result of the activity? Program participants will understand the importance of properly handling a potentially violence situation in the workplace. The trainees will be able to identify the signs that a person is beginning to lose control and know the best methods of attempting to de- escalate the situation. The following areas will be covered during this particular training course: ➢ Employee responsibilities • Manager /supervisor responsibilities • Hands on Training ➢ Dealing with Terminations ➢ Crisis Management ➢ Right to inspect ➢ Restraining Orders Trainees will also acquire the ability to systematically analyze their workplace hazards and implement changes within their departments. Trainees will be encouraged to contribute to our facility's health and safety committee in order to reduce workplace violence hazards. This systematic training process will also lay the ground work for each employee to identify, evaluate, and correct hazards before accidents and injuries occur. Personnel will be asked to participate in role playing exercises that will emphasize the proper reaction to a potentially violent situation. 7) How will you find out if each person got the intended attitudes, skills and knowledge? Same as Priority #1 8) How will you find out whether the activity reduced the incidence /severity of occupational illnesses and injuries? 19 Same as Priority #1 9) What are the estimated total and per person cost of the activity to be charged to this grant, and how did you determine whether the benefit of the activity is worth the cost? The estimated cost of this module of training, total hours requested, total number of trainees and average cost per trainee is displayed in the table below. Total cost of this module $1,250.00 Total hours 10 Total number of trainees 25 Average cost per trainee $50.00 All training materials will be provided by Erie Community College. Any costs associated with these materials are provided at no additional cost to the grant beyond the hourly rate indicated in the budget section (Contractual Services). Due to a very limited staff and public office hours and responsibilities, only 5 employees can attend training at a given time. 10) How did you determine that the activity would not duplicate occupational safety and health resources that are already available? Same as Priority #1 20 � t [ PROJECT NARRATIVE Section I PROJECT NEED AND DESIGN Welding /Cutting Priority #3 1) What is the activity, and which target groups and hazards are addressed? The training sessions offered for this module of training will be conducted on -site, in a classroom styled setting. This module of training will seek to improve welding and cutting safety awareness to prevent unsafe conditions, accidents and personal injury. All training materials developed as a result of this program will become part of the City of Buffalo's safety awareness program and will be available as a reference guide or handout to all employees. Taking into account such factors as the nature of the work performed by individual employees or departments, the known safety and health factors present in their workplace and an analysis of company safety records /compensation claims, it has been determined that the following categories of employees should participate in this module of training: ➢ Sewer Authority (20) This training session will seek to address the basics safety guidelines that should be followed when welding or cutting. This class will identify and address welding and cutting hazards commonly found in the workplace. Discussions will include safety work practices, welding when working in confined spaces and the importance of good housekeeping. The module will discourage employees from taking shortcuts and reinforce safety procedures when using welding or cutting equipment. 2) How did you determine that the target group needs this activity? A final determination of the topics being requested in this application was made after a series of internal discussions between Department Commissioners, the Human Resources Department and the City of Buffalo Safety and Health Committee. The committee's recommendations ultimately served to determine the topics that were included with this application. Another factor in the final determination of the topics requested was the findings of a needs assessment completed in advance of this application. Over the years, the Sewer Authority has witnessed a number of relatively minor injuries due to improper practices or accidental mishaps. The possibility exists for serious injury to an employee or co- worker. For this reason, The Sewer Department would like to train 20 repairmen in this topic, who work in the public domain. The safety of our employees and the general public depends upon of employees knowing the proper practices and procedures of welding and cutting. 3) How will you ensure adequate numbers of people are trained? Same as Priority #1 4) Please provide completed Training and Grant Management Summary. If needed, narrative may be provided for clarification. Please see the completed Training and Grants Management Summary for a summary of the training plan. 21 E 5) What education, training, and communication techniques will be used, who will provide them and where? This training module will be provided in an interactive classroom style. A typical session will involve lecture, multi -media presentation, hands on exercises and appropriate safety product demonstrations. Activities will include demonstrations of proper safety techniques that should be used when operating welding and cutting equipment. Multi -media presentations will be customized with photographs of the actual facilities, operations and equipment built right into the presentation. Handouts, guidelines, checklists and employer policies will be offered. A short amount of time will be allotted for a question and answer session to provide any additional information not covered in the presentation. All training sessions will be conducted on -site at a City of Buffalo facility. Erie Community College has been selected as the training provider for all training listed in this application. Resumes for all instructors that are expected to conduct training sessions are included with this application. 6) What specific attitudes, skills, and knowledge will each person get as a result of the activity? Program participants will understand the importance of safety practices in the workplace and prevention of injuries from welding /cutting equipment. The trainees will be able to identify the safety hazards present in the everyday operation of welding /cutting equipment. Identification of such hazards will lead to a reduction in the number of accidents and injuries in the workplace. The following areas will be covered during this particular training course: ➢ Discussions of safe work practices ➢ Identification of welding hazards at the worksite ➢ Prevention of injuries from welding and cutting equipment Trainees will also acquire the ability to systematically analyze their workplace hazards and implement changes within their departments. Trainees will be encouraged to contribute to our facility's health and safety committee in order to reduce workplace welding /cutting hazards. This systematic training process will also lay the ground work for each employee to identify, evaluate, and correct hazards before accidents and injuries occur. Personnel will be observed operating welding and cutting tools properly and implementing job safety techniques to reduce welding /cutting injury risk factors. 7) How will you find out if each person got the intended attitudes, skills and knowledge? Same as Priority #1 8) How will you find out whether the activity reduced the incidence /severity of occupational illnesses and injuries? . Same as Priority #1 22 jI } gj What are the estimated total and per person cost of the activity to be charged to this grant, and how did you determine whether the benefit of the activity is worth the cost? The estimated cost of this module of training, total hours requested, total number of trainees and average cost per trainee is displayed in the table below: Total cost of this module $50o.00 Total hours 4 Total number of trainees 20 Average cost er trainee $25.00 All training materials will be provided by Erie Community College. Any costs associated with these materials are provided at no additional cost to the grant beyond the hourly rate indicated in the budget section (Contractual Services). 10) How did you determine that the activity would not duplicate occupational safety and health resources that are already available? Same as Priority #1 23 f : PROJECT NARRATIVE Section I PROJECT NEED AND DESIGN Heat/Cold Stress Priority #4 I ) What is the activity, and which target groups and hazards are addressed? The training sessions offered for this module of training will be conducted on -site, in a classroom styled setting. This module of training will seek to improve safety awareness of the stress caused by extreme temperature and conditions to prevent unsafe conditions, accidents and personal injury. All training materials developed as a result of this program will become part of the City of Buffalo's safety awareness program and will be available as a reference guide or handout to all employees. Taking into account such factors as the nature of the work performed by individual employees or departments, the known safety and health factors present in their workplace and an analysis of company safety records /compensation claims, it has been determined that the following categories of employees should participate in this module of training: ➢ Department of Public Works (120) ➢ Sewer Department (75.) This training session will assist trainees identify hot and cold environments in the workplace and the risk factors associated with exposure. Sign and symptoms of heat and cold stress will be discussed including recognition of life threatening conditions. This may include hypothermia. Control mechanisms for heat exposure will be provided. 2} How did you determine that the target group needs this activity? A final determination of the topics being requested in this application was made after a series of internal discussions between Department Commissioners, the Human Resources Department and the City of Buffalo Safety and Health Committee. The committee's recommendations ultimately served to determine the topics that were included with this application. Another factor in the final determination of the topics requested was the findings of a needs assessment completed in advance of this application. Department Supervisors have noted the extreme elements in both summer and winter that employees of the both the Department of Public Works and the Sewer Department deal with on a daily basis. Ensuring our employees are knowledge in protection from extreme heat and cold stress in very important to their well being. 3) Hover will you ensure adequate numbers of people are trained? Same as Priority #1 4) Please provide completed Training and Grant Management Summary. If needed, narrative may be provided for clarification. Please see the completed Training and Grants Management Summary for a summary of the training plan. 24 t E 5) What education, training, and communication techniques will be used, who will provide them and where? This training module will be provided in an interactive classroom style. A typical session will involve lecture, multi -media presentation, hands on exercises and appropriate safety product demonstrations. Activities will include group problem solving, and demonstration of proper techniques and fitting of preventive equipment. Multi -media presentations will be customized with photographs of the actual facilities, operations and equipment built right into the presentation. Handouts, guidelines, checklists and employer policies will be offered. A short amount of time will be allotted for a question and answer session to provide any additional information not covered in the presentation. All training sessions will be conducted on -site at a City of Buffalo facility. Erie Community College has been selected as the training provider for all training listed in this application. Resumes for all instructors that are expected to conduct training sessions are included with this application. 6) What specific attitudes, skills, and knowledge will each person get as a result of the activity? Program participants will understand the importance of identifying risk factors, signs and Symptoms of exposure to heat/cold stress. The trainees will be able to identify the environments which these hazards are present and how to control their effects. The following areas will be covered during this particular training course: ➢ Identifying the hot/cold work environments ➢ Risk factors for being effected by heat/cold ➢ Signs and symptoms of heat/cold stress ➢ How exposure to heat/cold stress can be controlled Trainees will also acquire the ability to systematically analyze their workplace hazards and implement changes within their departments. Trainees will be encouraged to contribute to our facility's health and safety committee in order to reduce workplace heat/cold stress hazards. This systematic training process will also lay the ground work for each employee to identify, evaluate, and correct hazards before accidents and injuries occur. Personnel will be asked to identify potential problem areas and implement job safety techniques to reduce the risk of injury by heat/cold stress. 7) How will you find out if each person got the intended attitudes, skills and knowledge? Same as priority #1 8) How will you find out whether the activity reduced the incidencelseverity of occupational illnesses and injuries? Same as Priority #1 9) What are the estimated total and per person cost of the activity to be charged to this grant, and how did you determine whether the benefit of the activity is 25 worth the cost? r The estimated cost of this module of training, total hours requested, total number of trainees and average cost per trainee is displayed in the table below: `t=otal cost of this module $4,000.00 Total hours 32 Total number of trainees 195 Average cost per trainee $20,51 All training materials will be provided by Erie Community College. Any costs associated with these materials are provided at no additional cost to the grant beyond the hourly rate indicated in the budget section (Contractual Services). 10) How did you determine that the activity would not duplicate occupational safety and health resources that are already available? Same as Priority #1 SKIM PROJECT NARRATIVE Section I PROJECT NEED AND DESIGN Hazardous Waste Emergency Response Priority #5 1) What is the activity, and which target groups and hazards are addressed? The training sessions offered for this module of training will be conducted on -site, in a classroom styled setting. This module of training will seek to improve hazardous waste and emergency response awareness in the event of a hazardous waste release or emergency situation. The proper response to a potentially dangerous hazardous waste situation will significantly reduce the risk of exposure or personal injury. All training materials developed as a result of this program will become part of the City of Buffalo's safety awareness program and will be available as a reference guide or handout to all employees. Taking into account such factors as the nature of the work performed by individual employees or departments, the known safety and health factors present in their workplace and an analysis of company safety records /compensation claims, it has been determined that the following categories of employees should participate in this module of training: ➢ Department of Public Works (30) This training session will seek to address proper safety procedures for trainees likely to witness or discover a hazardous substance release. Emphasis will be placed upon the need to quickly respond to hazardous wastes and substance release which might occur. Other program activities will focus on the need to follow an established safety plan, evaluation of the site characteristics so the proper emergency responders are called, evacuation of the site and protection of the employees from exposure to a potential hazardous substance. The importance of posting evacuation and other emergency plans prominently in the workplace will be stressed. 2) How did you determine that the target group needs this activity? A final determination of the topics being requested in this application was made after a series of internal discussions between Department Commissioners, the Human Resources Department and the City of Buffalo Safety and Health Committee. The committee's recommendations ultimately served to determine the topics that were included with this application. Another factor in the final determination of the topics requested was the findings of a needs assessment completed in advance of this application. Hazardous waste is one of many substances that are potentially most harmful to humans and the environment. For that reason, its handling, tracking, storing, and disposal are of importance to all our job assignments. We generate both "hazardous" and "listed" wastes. Essential to our training needs is having employees knowledgeable and skilled in recognizing hazardous wastes and how to keep track of them and how to deal with an emergency situation or release. Complete understanding of the rules for handling hazardous waste safely and documenting the tracking from beginning to end — "cradle to grave" is required. Emergency response participation procedures must be made aware to all who may have a potential to be exposed to a hazardous waste spill condition. 3) How will you ensure adequate numbers of people are trained? 27 Same as Priority #1 4) Please provide completed Training and Grant Management Summary. If needed, narrative may he provided for clarification. Please see the completed Training and Grants Management Summary for a summary of the training plan. 5) What education, training, and communication techniques will be used, who will provide them and where? This training module will be provided in an interactive classroom style. A typical session will involve lecture, muiti -media presentation, hands on exercises and appropriate safety product demonstrations. Activities will.include group problem solving, simulated emergency situations, discussions of planning, response and preparedness. Multi -media presentations will be customized with photographs of the actual facilities, operations and equipment built right into the presentation. Handouts, guidelines, checklists and employer policies will be offered. A short amount of time will be allotted for a question and answer session to provide any additional information not covered in the presentation. All training sessions will be conducted on -site at a City of Buffalo facility. Erie Community College has been selected as the training provider for all training listed in this application. Resumes for all instructors that are expected to conduct training sessions are included with this application. 6) What specific attitudes, skills, and knowledge will each person get as a result of the activity? Program participants will understand the importance of planning, preparedness and response to potentially hazardous situations, decontamination procedures and first aid. The trainees will be able to identify the physical and health hazards of chemical use and respond accordingly to hazardous situations that may arise The following areas will be covered during this particular training course: Planning for emergency disaster or waste cleanup ➢ Emergency preparedness issues ➢ Emergency response plan implementation ➢ Nature and properties of hazardous substances ➢ Practical applications of hazard recognition ➢ Decontamination procedures and practices ➢ Emergency procedures, first aid, and self - rescue r Safe use of field equipment ➢ Use, care, and limitations of personal protective equipment Trainees will also acquire the ability to systematically analyze their workplace hazards and implement changes within their departments. Trainees will be encouraged to contribute to our facility's health and safety committee in order to reduce the threat of workplace hazardous waste exposure and reduce the impact any accidental release may have on individuals in the effected areas. � This systematic training process will also lay the ground work for each employee to identify, evaluate, and correct hazards before accidents and injuries occur. Personnel will be observed responding to simulated emergencies and implementing proper job safety techniques to reduce hazardous waste injury risk factors. 7) How will you find out if each person got the intended attitudes, skills and knowledge? Same as Priority #1 8) How will you find out whether the activity reduced the incidence /severity of occupational illnesses and injuries? Same as Priority #1 9) What are the estimated total and per person cost of the activity to be charged to this grant, and how did you determine whether the benefit of the activity is worth the cost? The estimated cost of this module of training, total hours requested, total number of trainees and average cost per trainee is displayed in the table below: Total cost of this module $1,500.00 Total hours 12 Total number of trainees0 Avera e cost er trainee $g0 00 All training materials will be provided by Erie Community College. Any costs associated with these materials are provided at no additional cost to the grant beyond the hourly rate indicated in the budget section (Contractual Services). 10) How did you determine that the activity would not duplicate occupational safety and health resources that are already available? Same as Priority #1 c PROJECT NARRATIVE Section I PROJECT NEED AND DESIGN Bloodborne Pathogens Priority #6 1) What is the activity, and which target groups and hazards are addressed? The training sessions offered for this module of training will be conducted on -site, in a classroom styled setting. This module of training will seek to improve awareness of bloodborne pathogens to prevent unsafe conditions, contamination, accidents and personal injury or illness. All training materials developed as a result of this program will become part of the City of Buffalo's safety awareness program and will be available as a reference guide or handout to all employees. Taking into account such factors as the nature of the work performed by individual employees or departments, the known safety and health factors present in their workplace and an analysis of company safety records /compensation claims, it has been determined that the following categories of employees should participate in this module of training. Department of Public Works (80) City Hall Staff (20) (Janitorial) This training session will seek to address will the general health requirements when responding to exposures of bloodborne pathogens. Epidemiology and symptoms of bloodborne diseases, contact and treatment plans will be discussed. Safeguards will include the proper use of personal protective equipment (PPE's), washing of hands and other contact surfaces, disposal of contaminated devices and opportunities to obtain appropriate vaccines (Hepatitis B). The use of respirators or respiratory PPE's to prevent the spread of infectious diseases will be discussed and demonstrated. 2) How did you determine that the target group needs this activity? A final determination of the topics being requested in this application was made after a series of internal discussions between Department Commissioners, the Human Resources Department and the City of Buffalo Safety and Health Committee. The committee's recommendations ultimately served to determine the topics that were included with this application. Another factor in the final determination of the topics requested was the findings of a needs assessment completed in advance of this application. Protecting our employees from exposure to bloodborne pathogens was determined to be necessary by Department Supervisors in City Hall and the Department of Public Works. Sanitation and Janitorial employees in the selected departments, have a high risk of incidence to cuts and scraps due to the nature of their jobs. Assuring these employees are knowledgeable in the steps they can take to protect themselves from bloodborne pathogens is extremely important to their safety. 3) How will you ensure adequate numbers of people are trained? Same as Priority #1 4) Please provide completed Training and Grant Management Summary. If needed, narrative may be provided for clarification. 30 Please see the completed Training and Grants Management Summary for a summary of the training plan. 6) What education, training, and communication techniques will be used, who will provide them and where? This training module will be provided in an interactive classroom style. A typical session will involve lecture, multi -media presentation and hands on exercises. Activities will include group problem solving exercises, hazard identification exercises along with personal protective equipment product demonstrations. Multi -media presentations will be customized with photographs of the actual facilities, operations and equipment built right into the presentation. Handouts, guidelines, checklists and employer policies will be offered. A short amount of time will be allotted for a question and answer session to provide any additional information not covered in the presentation. All training sessions will be conducted on -site at a City of Buffalo facility. Erie Community College has been selected as the training provider for all training listed in this application. Resumes for all instructors that are expected to conduct training sessions are included with this application. 6) What specific attitudes, skills, and knowledge will each person get as a result of the activity? Program participants will understand the importance of exposure to infectious pathogens and disease and the proper use of personal protective equipment. The trainees will be able to identify bloodborne hazards and other infectious pathogens in the workplace. The following areas will be covered during this particular training course: ➢ Identification of pathogens ➢ Methods to prevent infectious diseases ➢ Use of Personal Protective Equipment (PPE) and other devices ➢ Cleanup /disposal of contaminated areas or equipment Trainees will also acquire the ability to systematically analyze their workplace hazards and implement changes within their departments. Trainees will be encouraged to contribute to our facility's health and safety committee in order to reduce workplace blood borne pathogen hazards. This systematic training process will also lay the ground work for each employee to identify, evaluate, and correct hazards before accidents and injuries occur. Personnel will be asked to properly fit and use personal protective equipment and implement other safety techniques to reduce risk factors from bloodborne pathogens. 7) How will you find out if each person got the intended attitudes, skills and knowledge? Same as Priority #1 8) How will you find out whether the activity reduced the incidence /severity of occupational illnesses and injuries? 31 Same as Priority #1 9) What are the estimated total and per person cost of the activity to be charged to this grant, and how did you determine whether the benefit of the activity is worth the cost? The estimated cost of this module of training, total hours requested, total number of trainees and average cost per trainee is displayed in the table below: jIg module $2,5(?O.pO 20 ainees 100 trai nee �2b pp All training materials will be provided by Erie Community College. Any costs associated with these materials are provided at no additional cost to the grant beyond the hourly rate indicated in the budget section (Contractual Services). 1 0) How did you determine that the activity would not duplicate occupational safety and health resources that are already available? Same as Priority #1 32 /1. 11, I PROJECT NARRATIVE Section I PROJECT NEED AND DESIGN Asbestos Priority #7 1) What is the activity, and which target groups and hazards are addressed? The training sessions offered for this module of training will be conducted on -site, in a classroom styled setting. This module of training will seek to improve asbestos awareness and Prevent unsafe conditions, accidents and personal injury. All training materials developed as a result of this program will become part of the City of Buffalo's safety awareness program and will be available as a reference guide or handout to all employees. Taking into account such factors as the nature of the work performed by individual employees or departments, the known safety and health factors present in their workplace and an analysis of company safety records /compensation claims, it has been determined that the following categories of employees should participate in this module of training: Department of Public Works (11) This training session will provide trainees with information.on health risks associated with asbestos exposure. Topics specifically covered will be the manner of asbestos usage, release and storage of asbestos and the nature of the operations and actions that can cause exposure. Additionally, this module will cover specific procedures and practices that can be used to protect employees, such as appropriate work practices and emergency clean up. Demonstration on the proper use and fitting of personal protective equipment will also be a part of this training. 2) How did you determine that the target group needs this activity? A final determination of the topics being requested in this application was made after a series of internal discussions between Department Commissioners, the Human Resources Department and the City of Buffalo Safety and Health Committee. The committee's recommendations ultimately served to determine the topics that were included with this application. Another factor in the final determination of the topics requested was the findings of a needs assessment completed in advance of this application. Our stationary engineers have potential to be exposed to asbestos during construction work, alterations, repair, inspection and demolition of structures as well as asbestos removal during waste pickup. These activities demand the need to perform initial assessment and initial monitoring by our employees to ensure their safety and health. Asbestos Awareness training has to be an essential part of the City of Buffalo safety and health program. 3) How will you ensure adequate numbers of people are trained? Same as Priority #1 4) Please provide completed Training and Grant Management Summary. If needed, narrative may be provided for clarification. 33 ,1. Please see the completed Training and Grants Management Summary for a summary of the training plan. S) What education, training, and communication techniques will be used, who will provide them and where? This training module will be provided in an interactive classroom style. A typical session will involve lecture, multi -media presentation, hands on exercises and appropriate safety product demonstrations. Activities will include group problem solving and demonstrations of respirators and protective clothing. Multi -media presentations will be customized with photographs of the actual facilities, operations and equipment built right into the presentation. Handouts, guidelines, checklists and employer policies will be offered. A short amount of time will be allotted for a question and answer session to provide any additional information not covered in the presentation. All training sessions will be conducted on -site at a City of Buffalo facility. Erie Community College has been selected as the training provider for all training listed in this application. Resumes for all instructors that are expected to conduct training sessions are included with this application. 6) What specific attitudes, skills, and knowledge will each person get as a result of the activity? Program participants will understand the dangers of exposure to asbestos and the importance of monitoring levels of asbestos. The trainees will be able to identify and recognize asbestos hazards, as well as acquiring the knowledge to avoid or minimize exposure to dangerous levels of asbestos. The following areas will be covered during this particular training course- ➢ Information about asbestos and its health risks A Introductory training and recognizing asbestos hazards and how to avoid them ➢ Hazards of asbestos exposure Monitoring asbestos levels to minimize the risk of exposure y How to avoid dangerous levels of asbestos exposures Trainees will also acquire the ability to systematically analyze their workplace hazards and implement changes within their departments. Trainees will be encouraged to contribute to our facility's health and safety committee in order to reduce workplace asbestos hazards. This systematic training process will also lay the ground work for each employee to identify, evaluate, and correct hazards before exposure and harm occur. Personnel will be observed handling and fitting protective equipment and implementing asbestos identification methods to reduce asbestos exposure risk factors. 7) How will you find out if each person got the intended attitudes, skills and knowledge? Same as Priority #1 8) How will you find out whether the activity reduced the incidence /severity of occupational illnesses and injuries? 34 5 Same as Priority #1 9) What are the estimated total and per person cost of the activity to be charged to this grant, and how did you determine whether the benefit of the activity is worth the cost? The estimated cost of this module of training, total hours requested, total number of trainees and average cost per trainee is displayed in the table below: Total cast of this module $750.00 Total hours 6 Total number of trainees 11 Average cost per trainee 68.18 All training materials will be provided by Erie Community College. Any costs associated with these materials are provided at no additional cost to the grant beyond the hourly rate indicated in the budget section (Contractual Services). Due to a very limited staff of Stationary Engineers that require a minimum number 'to be available at any given time, only 3 -4 employees can attend training at a given time. 10) How did you determine that the activity would not duplicate occupational safety and health resources that are already available? Same as Priority #1 35 PROJECT NARRATIVE Section I PROJECT NEED AND DESIGN Lab Safety Priority #8 1) What is the activity, and which target groups and hazards are addressed? The training sessions offered for this module of training will be conducted on -site, in a classroom styled setting. This module of training will seek to improve lab safety awareness and prevent unsafe conditions, accidents and personal injury. All training materials developed as a result of this program will become part of the City of Buffalo's safety awareness program and will be available as a reference guide or handout to all employees. Taking into account such factors as the nature of the work performed by individual employees or, departments, the known safety and health factors present in their workplace and an analysis of company safety records /compensation claims, it has been determined that the following categories of employees should participate in this module of training: ➢ Sewer Department (10) This training session will seek to address the hazards and dangers that may be present while working in a laboratory setting. This training will involve an introduction to the lab standard, employee responsibilities and a review of important personal protective equipment that may be used to protect employees. Other topics for discussion will include the toxicity of commonly used compounds, how to clean accidental spills or release and mandatory work practices. 2) How did you determine that the target group needs this activity? A final determination of the topics being requested in this application was made after a series of internal discussions between Department Commissioners, the Human Resources Department and the City of Buffalo Safety and Health Committee. The committee's recommendations ultimately served to determine the topics that were included with this application. Another factor in the final determination of the topics requested was the findings of a needs assessment completed in advance of this application. Training will provide basic information for working safely with laboratory chemicals and equipment will enable employees to utilize engineering controls and personal protective equipment, as appropriate. Laboratories tend to use a variety of chemical reagents, but use each in relatively small quantities. Therefore, our labs need pollution prevention and waste minimization training and support that is tailored to our unique environment. Results of such training will produce improved health and safety conditions in the workplace, and reduced liability. 3) How will you ensure adequate numbers of people are trained? Same as Priority #1 4) Please provide completed Training and Grant Management Summary. If needed, narrative may be provided for clarification. Please see the completed Training and Grants Management Summary for a summary of the training plan.. 36 5) What education, training, and communication techniques will be used, who will provide them and where? This training module will be provided in an interactive classroom style. A typical session will involve lecture, multi -media presentation, hands on exercises and appropriate safety product demonstrations. Activities will include group problem solving, a review of standard lab procedures and demonstrations of personal protective equipment. Multi -media presentations will be customized with photographs of the actual facilities, operations and equipment built right into the presentation. Handouts, guidelines, checklists and employer policies will be offered. A short amount of time will be allotted for a question and answer session to provide any additional information not covered in the presentation. All training sessions will be conducted on -site at a City of Buffalo facility. Erie Community College has been selected as the training provider for all training listed in this application. Resumes for all instructors that are expected to conduct training sessions are included with this application. S) What specific attitudes, skills, and knowledge will each person get as a result of the activity? Program participants will understand the importance of proper lab safety and how to avoid accidents, injury or accident release of hazardous materials. The trainees will know the proper uses and fitting of personal protective equipment. The importance of knowing what to do in case of accidental spillage or release of hazardous materials will be understood. The following areas will be covered during this particular training course: ➢ Introduction to the lab standard ➢ Responsibilities of working in a laboratory ➢ Protecting yourself and other from laboratory hazards ➢ Toxicity of commonly used compounds ➢ Spills, accidental release and cleanup ➢ Mandatory work practices Trainees will also acquire the ability to systematically analyze their workplace hazards and implement changes within their departments. Trainees will be encouraged to contribute to our facility's health and safety committee in order to reduce workplace hazards. This systematic training process will also lay the ground work for each employee to identify, evaluate, and correct hazards before accidents and injuries occur. Personnel will be observed practicing good laboratory safety and implementing job safety techniques to reduce injury risk factors. 7) How will you find out if each person got the intended attitudes, skills and knowledge? Same as Priority #1 8) How will you find out whether the activity reduced the incidence /severity of occupational illnesses and injuries? 37 y Same as Priority #1 9) What are the estimated total and per person cost of the activity to be charged to this grant, and how did you determine whether the benefit of the activity is worth the cost? The estimated cost of this module of training, total hours requested, total number of trainees and average cost per trainee is displayed in the table below: Total cost of this module $500.00 Total hours 4 Total number of trainees 10 Average cost er trainee $bp pp All training materials will be provided by Erie Community College. Any costs associated with these materials are provided at no additional cost to the grant beyond the hourly rate indicated in the budget section (Contractual Services). 10) Hover did you determine that the activity would not duplicate occupational safety and health resources that are already available? Same as Priority #1 PROJECT NARRATIVE Section I PROJECT NEED AND DESIGN Slips, Trips and Falls Priority #9 1) What is the activity, and which target groups and hazards are addressed? The training sessions offered for this module of training will be conducted on -site, in a classroom styled setting. This module of training will seek to improve awareness of common causes of trips and falls and methods of preventing unsafe conditions, accidents and personal injury. All training materials developed as a result of this program will become part of the City of Buffalo's safety awareness program and will be available as a reference guide or handout to all employees. Taking into account such factors as the nature of the work performed by individual employees or departments, the known safety and health factors present in their workplace and an analysis of company safety records /compensation claims, it has been determined that the following categories of employees should participate in this module of training: City Hall Staff (20) This training session will seek to address the prevention of slips, trips and falls in the workplace. This training will include discussions of the following areas, removal of potential slip, trip and fall hazards, properly maintaining work areas, taking precautions on stairs and open areas and the appropriate use of ladders. Trainees with gain knowledge of how to prevent and eliminate hazards in the workplace which can lead to injuries and accidents related to slips, trips and falls. 2) How did you determine that the target group needs this activity? A final determination of the topics being requested in this application was made after a series of internal discussions between Department Commissioners, the Human Resources Department and the City of Buffalo Safety and Health Committee. The committee's recommendations ultimately served to determine the topics that were included with this application. Another factor in the final determination of the topics requested was the findings of a needs assessment completed in advance of this application. Slipping and falling is a common everyday occurrence in the workplace. Some falls can be very dangerous and even deadly. The job assignments and work routines of our employees reveal exposure to numerous fall hazards. Training on how to recognize slips, trips and fall hazards in our workplace, as well as ways to prevent or avoid fall accidents, is needed to reduce the fall occurrences on all job assignments. The training needs to address falls occurring from heights, on stairs, on level ground, at work and at home. It should also develop skills in maintaining work areas, precautions on stairs and elevators, especially during emergency drills. 3) How will you ensure adequate numbers of people are trained? Same as Priority #1 4) Please provide completed Training and Grant Management Summary. If needed, narrative may be provided for clarification. M, Please see the completed Training and Grants Management Summary for a summary of the training plan. 5) What education, training, and communication techniques will be used, who will provide them and where'd This training module will be provided in an interactive classroom style. A typical session will involve lecture, multi -media presentation, hands on exercises and appropriate safety product demonstrations. Activities will include on group problem solving, discussion and examples of common causes of slips, trips and falls and a demonstration of proper ladder safety. Multi -media presentations will be customized with photographs of the actual facilities, operations and equipment built right into the presentation. Handouts, guidelines, checklists and employer policies will be offered. A short amount of time will be allotted for a question and answer session to provide any additional information not covered in the presentation. All training sessions will be conducted on -site at a City of Buffalo facility. Erie Community College has been selected as the training provider for all training listed in this application. Resumes for all instructors that are expected to conduct training sessions are included with this application. 6) What specific attitudes, skills, and knowledge will each person get as a result of the activity? Program participants will understand the importance and benefits of good common sense safety practices to avoid slips, trips and falls. Participants will learn to minimize injury in the event of a fall. The trainees will be able to identify and avoid the hazards that can lead to slips, trips and falls. The following areas will be covered during this particular training course: ➢ Methods of preventing slips, trips and falls ➢ What happens during a fall ➢What to do in the event of a fall ➢ Maintain and block off work areas ➢ Keeping floors dry ➢Precautions when working on stairs or open spaces ➢Basic ladder safety and use Trainees will also acquire the ability to systematically analyze their workplace hazards and implement changes within their departments. Trainees will be encouraged to contribute to our facility's health and safety committee in order to reduce workplace fall hazards. This systematic training process will also lay the ground work for each employee to identify, evaluate, and correct hazards before accidents and injuries occur. Personnel will be observed using proper safety techniques and identifying safety hazards to reduce the risk of injury from slips and falls. 7) How will you find out if each person got the intended attitudes, skills and knowledge? Same as Priority #1 M 1" 8) How will you find out whether the activity reduced the incidence /severity of occupational illnesses and injuries? Same as Priority #1 9) What are the estimated total and per person cost of the activity to be charged to this grant, and how did you determine whether the benefit of the activity is worth the cost? The estimated cost of this module of training, total hours requested, total number of trainees and average cost per trainee is displayed in the table below: Total cost of this module $1,000.00 Total hours 8 Total number of trainees 20 Avers e cost er trainee $50.00 All training materials will be provided by Erie Community College. Any costs associated with these materials are provided at no additional cost to the grant beyond the hourly rate indicated in the budget section (Contractual Services). Due to a very limited staff and public office hours and responsibilities, only 5 employees can attend training at a given time. 10) How did you determine that the activity would not duplicate occupational safety and health resources that are already available? Same as Priority #1 HAB TE 102.1(10 -07) 41 PROJECT NARRATIVE Section If PROJECT EXPERIENCE AND ADMINISTRATIVE CAPABILITY List any occupational safety and health training and education projects your organization has conducted and briefly describe how the goals and objectives were met. Various departments have conducted training sessions for their employees. The Department of Public Works has conducted fire evacuation training. Training sessions for refuse collectors in lifting, proper safety equipment and high visibility vests, working in traffic etc. were conducted. The Office of Strategic Planning (formerly the Community Development Department) periodically has conducted training for workers in the Clean and Seal Crew. These crews clean dilapidated properties, vacant lots, boarded up buildings and abandoned houses. The Police Department has conducted training in chemical and bio hazards, safety hazards, air quality, spills, etc. The Sewer Authority has held training for confined spaces, hazard communication, NYS right to know, gas detection, Lockout/Tagout, Hearing Conservation and Respirator training. Several Train the Trainer sessions have occurred including union representatives and department supervisors. 2. Describe your organization's fiscal management expertise, specifically referring to any experience administering government contracts. The City of Buffalo has extensive fiscal management expertise in administering governmental contracts. The Police Department manages a litany of federal grants from the Union Area Security grant (in conjunction with Erie and Niagara County, the Fire Department, Emergency Services and the Niagara Frontier Transportation Authority), Local Law Enforcement Block, Weed and Seed grants. The Office of Strategic Planning administers the Federal Community Development Block Grant Program, HOME funding. The subcontractor, Erie Community College's (ECC) Department of Workforce Development was contacted to assist in writing this proposal. The City of Buffalo will contract with Erie Community College to provide the safety training for topics included in this proposal. ECC has extensive experience administering grants and contracts as well as providing safety training to Western New York companies and public entities. Examples of their partners in grant funding from 1958 to 2007 include: the Department of Labor for STRAP and Layoff Aversion funding, Empire State l( 42 Development Corporation, Department of Labor, and SUNY Course Contract Aid. Since 1998, Erie Community College's Workforce Development Department has managed approximately $16,000,000 in grant funded programs from the sources listed above. Additionally, in September 2007, Erie Community College Workforce Development was awarded a federal grant through the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) to develop a training program for Residential Construction Safety. In addition to the expertise FCC's Workforce Development has regarding the management of training, the chart below supports the College's training accomplishments in area of occupational safety and health in terms of total training hours and total course offerings through the end of 2006 -07: ECC Workforce Safety Training 2003 -2007 ? 5- 2000 v 1540 1004�� 13 J � 500 0 03 -04 04 -05 05 -06 06 -07 ;a Total Training Hours 449 1309 1618 1858 , 13 Total Cour O ffere d 39 562 785 Erie Community College's Department of Workforce Development will assist the staff of the City of Buffalo to administer all aspects of the training program to ensure successful outcomes. If requested, ECC will also assist in the preparation of all required reports, provide oversight of financial matters including billing voucher preparation and auditing of the program. ECC will adhere to all policies and procedures established by the Hazard Abatement Board. 3. Has your organization had prior HAB Grants? X yes no Please list any HAB grants since the 2004 -05 Program year. Year Amount Topic of Measurable Outcomes 2006 -07 $72,000.00 Back Injuries The Safety and Health Co mnnittee ha Shi and Falls co feted their training and has been 43 HAB TE 102.2 (11 -07) 44 Job Stress Repetitive Motion active working with our r g provider, Erie Community Collegsign the Personal Protective Equipment customized curriculum fother topics Ergonomics in the grant. `T1re Safety and Health Workplace Violence Committee has also been very active in Emergency Response /Preparedness changing attitudes in the different Survey /Inspection departments. We are starting to see a much Hazard Communication greater involvement at the Department Indoor Air Quality level in our Master Safety Plan, Forklift Safety Safe . and Health Committee 2007 -0$ $58,750 Back Injuries As of the writing of this application Slips and Falls Ganuary 200 9), the City of Buffalo is Repetitive Motion Personal Protective Equipment approximately 40% complete with this Training Ergonomics years training program. has been scheduled for the next two months and we Workplace Violence ErnergencyResponse /Preparedness anticipate 200% completion byjuly200$. The topics included this year will improve Hazard Communication the overall knowledge of our employees Indoor Air Quality who participate and we anticipate a Forklift Safety reduction in both controllable safety hazards and in'uries as a result of HAB TE 102.2 (11 -07) 44 NEW YORK STATE HAZARD ABATEMENT BOARD BUDGET SUMMARY CATEGORY OF EXPENSES REQUESTED AMOUNTS A. STAFF SALARIES B. STAFF FRINGE BENEFITS C. CONTRACTED SERVICES 15,000 D. STAFF TRAVEL E. EQUIPMENT SPACE /UTILITIES G. OTHER OPERATING EXPENSES H. MISCELLANEOUS PARTICIPANT EXPENSES TOTAL BUDGET 15,000 HAB TE -110 45 3 DETAILED BUDGET PAGE (1) A. STAFF SALARIES HAB TE 110.1 (11-03) m DETAIL BUDGET PAGE 2 HAB T"E 110.2 (11 -03) 47 B. STAFF FRINGE BENEFITS DETAIL BUDGET PAGE (3) C. CONTRACTED SERVICES 1 TYPE/DESCRIPTION OF SERVICE REQUESTED AMOUNT Pain Management $3,000 Workplace Violence 11 1,250 Welding /Cutting 500 Heat/Cold Stress 4,000 Hazardous Waste /Emergency Response 1,500 Bloodhorne Pathogens 2,500 Asbestos /Lead Awareness 750 Lab Safety. 500 Slips, Trips and Falls 1,000 TOTAL CONTRACTED SERVICES $15,000 HAB TE 110.3 (11 -03) W . DETAIL BUDGET PAGE (4) D. STAFF TRAVEL DESCRIBE TOTAL STAFF TRAVEL REQUESTED AMOUNT HAB TE 110.4 (11 -03) 49 DETAIL BUDGET PAGE (5) E. EQUIPMENT TYPEIDESCRIPTION OF EQUIPMENT REQUESTED AMOUNT TOTAL EQUIPMENT HAB TE 110,5 (11 -03) 50 DETAIL BUDGET PAGE (6) F. SPACEIUTILITIES DESCRIPTION OF EXPENSES I REQUESTED AMOUNT TOTAL SPACE/UTILITIES HAB TE 110.6 (11 -03) 51 DETAIL BUDGET PAGE (7) G. OTHER OPERATING EXPENSES 2 TYPE DESCRIPTION OE OPERATING EI =NSES REQUESTED XP AMOUNT 507, 5 Tl OTHER TOTAL OTHER OPERATING EXPENSES HAB TE 110.7 (11 -03) 52 DETAIL BUDGET PAGE (8) H. MISCELLANEOUS PARTICIPANT EXPENSES 1 -- 2 TYPEIDESCRIPTION OF EDUCATIONAL MATERIAL I REQUESTED AMOUNT TOTAL MISCELLANEOUS PARTICIPANT EXPENSES HAB TE 110.8 (11 -03) /y 3. 53 IF .S i BUDGET NARRATIVE PAGE 1 CONTRACT BUDGET NARRATIVE/JUSTIFICATION PLEASE PROVIDE THE FOLLOWING ADDITIONAL. INFORMATION IN SUPPORT OF THE BUDGET, Explain how you calculated or estimated each item. 54 C. CONTRACTED SERVICES: For all subcontractors, (including subcontractors providing training not charged to the Grant) relating to program - activities, attach a copy of the subcontract: If subcontract is not available but the subcontractor has been determined, indicate the subcontract's name, provide Trainer Resumes, the anticipated outcomes, and the projected budget, (cost per hour, per course }: When subcontracting details are not known, include a brief narrative of each service to be subcontracted, include minimum. qualifications for trainers and the affiliated organization for the. trainers. The subcontractor, Erie Community College's Department of Workforce Development will develop a customized curriculum for all training sessions outlined in this application at no additional cost to the grant Training will be conducted onsite at a City of Buffalo facility. All training is behavioral based, uses transfer of knowledge techniques and provides interactive group discussion in the classroom. Listed below is a summary each of the selected priorities: Pain Management — 24 hours of training at a cost of $125 per hour, totals $3,000, or $20.69 per person. Workplace Violence It — 10 hours of training at a cost of $125 per hour, totals $1,250, or $50.00 per person. Welding /Cutting — 4 hours of training at a cost of $125 per hour, totals $500, or $25.00 per person. Heat/Cold Stress — 32 hours of training at a cost of $125 per hour, totals $4,000, or $20.51 per person. Hazardous Waste /Emergency Response -- 12 hours of training at a cost of $125 per hour, totals $1,500, or $50.00 per person. Bloodborne Pathogens — 20 hours of training at a cost of $125 per hour, totals $2,500, or $25.00 per person. Asbestos /Lead Awareness — 6 hours of.training at a cost of $125 per hour, totals $750, or $68.18 per person. Lab Safety — 4 hours of training at a cost of $125 per hour, totals $500, or $50.00 per person. Slips, Trips and Falls — 8 hours of training at a cost of $125 per hour, totals $1,000, or $50.00 per person. Resumes of the instructors that will conduct the training sessions are attached to this application. HAB TE -144 55 vj .1 BUDGET NARRATIVE PAGE 2 D. STAFF TRAVEL EXPENSES: Any exceptional staff travel costs must be ustifed below. In addition, no out of state travel costs are allowed unless specifically detailed and approved below. Staff travel costs should be budgeted in line with the standard Agency travel policy or NYS Comptroller guidelines . E. EQUIPMENT: Please `provide a justification for any exceptional equipment purchaselrental costs as related to the program needs. State procurement procedures antl considerations for purchasetrentals. Complete attached inventory list for any equipment purchased with HAB funds. 56 Allowable categories: Other Telephones Postage Insurance /Bonding Printing /Photocopy Advertising Supplies 57 BUDGET NARRATIVE PAGE 3 0. BUDGET NARRATIVE PAGE 4 Allowable categories: Training Materials Testing Materials Other Extraordi *. , R 11. 1'011 tana I11 ovGU. That the above communication from the Director of Personnel of the Department of Human Resources dated Apri13, 2009, be received and filed; and That the Commissioner of Human Resources be, and she hereby is authorized to accept a grant award in the amount of $ 10,786.00 from the New York State Department of Labor to implement the New York State Department of Labor Occupational Safety and IIcalth Training and Education Contract Number TO 13129 and that the Comptroller be, and he hereby is authorized to provide an account for this purpose. Passed 28 TAB:rinv t: 1wp60 1rnswordl:rmv\28c4- 14,i.doc *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RfVERA RUSSELL SMITH ------------- [MAJ- 5] 0 2/3 6 3/4 71 FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY 0001 °A Municipal Housing A S l;x Cud1wStaff TO: The Common Council of the City of Buffalo 17asan r,. sanders I?xcCUlis•e l7irector FROM: Buffalo Municipal Housing Authority Modesto Candchirio Asgkumt 13.Ycculivc^ Director DATE: April 7, 2009 Gillian 1), Brown Gcncral Own.ccl SUBJECT: TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 264, BLUE COLLAR, WHITE COLLAR & MANAGERIAL Board UNITS AS WELL AS SALARY INCREASES FOR NON - REPRESENTED PERSONNEL \tieha,el A. Seaman Chail magi ]tcu,al {] 13ru +s„ In accordance with Section 32 of the Public Housing Law, we respectfully request that Commissioner your Honorable Body consider and approve the attached Resolution No. 09462 Charles J. Flynn regarding the Memorandum of Agreement between the BMHA and Local 264, Blue Coinniksimter Collar, White Collar & Managerial Units and salary increases for non - represented I i11 l:). Payne personnel that was approved by the BMHA Board of Commissioners at their meeting; C'ori,missio „er held on April 6, 2009, Joseph Mascia C ommis.sione3 j 1 j Leonardwiliia,,,s co„rrnissio„cr DawntE. Sanders Executive Director R ..F RFV TT a n ? N 309 Gerry Street - Buffalo, Now York 14204 -2299 (716) 855 -6711 ® (FAX) (716) 855 -6761 ® (TDD) (716) 855-6725 "SMHA is an Equal OpporturrityfAffirmative Action Employer *” FINAL OFFER MEMORANDUM OF AGREEMENT BETWEEN BUFFALO MUNICIPAL )MOUSING AUTHORITY AND AFSCME, LOCAL 264, AFL -CIO, WII_EREAS, At'SCNI , Local 264 (hereinafter "the Union ") is a party to litigation filed in U.S. District Court (WDNY), New York State Supreme Court, and improper practice and arbitration proceedings under the Public EmploymCnt Relations Board in connection with various claims against the Buffalo Municipal l lousing Authority (hereinafter "the Authority The Authority and the Union may be referred to herein as the "Parties ", and WHI REAS, the Authority has raised those issues in connection with the Parties' negotiations for a successor agreement and desires to resolve all outstanding litigation through the process of collective negotiations; and WIJEREAS, the Parties have so engaged in collective negotiations in connection with the terms and conditions of employment and in anticipation of reaching; a successor agreement for the period effective July 1, 2004 through June 30, 2011; and WIJI:REAS, the Union agrees to accept the terms contained in the Parties' agreement in full satisfaction of all claims asserted, or which could have been asserted in the lawsuit, grievances, arbitrations and PERK proceedings as set forth herein; THERE}�ORE, for good and valuable consideration, the acceptance and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. The Union hereby releases each and every claim that was asserted or which could have been asserted, in the following; lawsuits and also agrees that it will discontinue with prejudice as a party (or intervenor) in said lawsuits, and not proceed with pending; or further appeals in connection with said lawsuits: W.D.N. Y. Index No. 04- CV- 0753S(F) AFSCME, Local 264 et al, v. Tobe, et a]. Regarding the Wage f=reeze 2. The Union hereby agrees that they now withdraw and release, each and every litigation, action, charge, grievance, proceeding, improper practice charge, demand for arbitration or pending arbitration proceeding fled prior to the date of execution of this agreement. The Union hereby releasers any claims asserted, or which could have been. asserted in any such matters and agrees to discontinue as a party to any such U matters with prejudice without precedent as to future matters. 3. With regard to the matters addressed in Paragraphs I and 2, alcove, the Union agrees not to file or commence any similar litigation, grievances, charges, actions, arbitrations or proceedings in the future relating to any circumstances known to local 264 that existed on or before the execution date of this settlement memorandum. However, regarding similar platters that occur in the future, the Union reserves its rights. 4. Upon agreement by the parties, this docurnent will serve as Local 264's consent to the discontinuance of these matters in Paragraphs 1 and 2, above. The Union and its President Bill Travis further agree that they will take all additional steps necessary to implement the terms of the disposition of those matters. 5. This Mernorandurn. of Agreement shall be deemed to be included as a component of the Parties' tentative agreement for a successor collective negotiations agreement for the period July 1, 2004 through June 30, 2011. All current language and benefits shall remain in effect except for those items amended by this Agreement. 6. This agreement will be incorporated into the parties' collective bargaining agreement and is subject to ratification by the Union membership and BFSA approval. 7. It is expressly understood that no provision of this agreenent, including those items contained in documents incorporated by reference herein, whether in whole or in part, shall be enacted prior to the ratification of AFSCME Local 264 and approval by the Buffalo Municipal Housing Authority Board of Directors and approval by the Buffalo Common Council and approval by the Buffirlo Fiscal Stability Authority. —„ Chairinan -2- For Local 264: r Bill Tra is President pV 1 f� MEMORANDUM OF AGREEMENT BETWEEN THE BUFFALO MUNICIPAL HOUSING AUTHORITY AND AFSCME, LOCAL. 264, AFL -CIO This Agreement shall be effective as of the first clay ofJuly 2004, and shall remain in full force and effect until the thirtieth day of June 2011. It shall be automatically renewed from year to year thereafter unless either party shall notify the other, in writing, at least one hundred fifty (150) days prior to the termination date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin not later than one hundred twenty (120) days prior to the termination date. This Agreement shall remain in full force and effect during the period of negotiations. IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION AND APPROVAL BY THE BUFFALO FISCAL STABILITY AUTHORITY TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING TI-IE ADDITIONAL FUNDS THERFOR, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL. IT IS EXPRESSLY UNDERSTOOD THAT NO PROVISION OF THIS AGREEMENT, INCLUDING THOSE ITEMS CONTAINED IN DOCUMENTS INCORPORATED BY REFERENCE HEREIN, WHETHER IN WHOLE OR IN PART, SHALL BE ENACTED PRIOR TO THE RATIFICATION OF AFSCME LOCAL 264 AND APPROVAL BY THE BUFFALO MUNICIPAL HOUSING AUTHORITY BOARD OF DIRECTORS AND APPROVAL BY THE BUFFALO COMMON COUNCIL AND APPROVAL BY THE BUFFALO FISCAL STABILI'T'Y AUTHORITY. IN WITNESS WHERE OI{, the parties mutually set their hands to this agreement on the 7 Day of March, 2009. 3 - LJ FOR AFSCME, LOCAL 264 Bill Travis, President Suzz iine Piccolo, 2 11( Vice President Debbie Blando, Executive Board Mern.ber Al Monaco Acting Chapter Chair BMHA Blue �J odesto C ndelario, Asst. Executive.Director heresa Spagi Deputy Executive Director Personnel f Wolf, e it Counsel `i MEMORANDUM OF AGREEMENT BETWEEN THE BUFFALO MUNICIPAL HO[JSING AUTITJO�RITV AND AFSCME, LOCAL 264, AFL -CIO Prior to Printing of the consolidated contracts the parties agree to review the contract and eliminate or clarify any outdated language. ALL BARGAINING UNITS l) (Wages) Adjust the wage schedule as follows: July 1, 2004 through Jun 30, 2007 - no change Effective July 1, 2007 - 3% wage increase Effective July 1, 2008 - S2,000 salary increase and then 3`l ii age increase Fffectivc� Jzrly 1, 2009 - 3`% iii age increase 1s.1ective July 1, 2010 - 3% wage increase Effective July 1, 2007, each employee, as applicable, shall be brought up to the wage schedule step that the employee would have been on had it not been for the imposition of the wage freeze by the Buffalo Fiscal Stability Authority. All employees hired after the date of contract ratification by all parties including the BFSA will he on a seven. (7) step salary schedule. The salary increases set forth above shall be contingent on the satisfactory discontinuance with prejudice but without precedent of all pending litigation, outstanding; grievances, Improper Practice Charges, and Asset Management Unit Placement Designation commenced or maintained in whole or in part by the Union against the BMHA. 2) Direct deposit L/ -5- r � Add the following new Article 111, Section 1(K): "The Authority shall be permitted to establish a direct deposit p,ogr - crnr for payment of compensation in accordance with &ction 192 of the New York State Labor .haw. Employee 's mill have the choice of the Financial Institution they wish to use. " 3) Record of time worked Add the following to Article 111, Section 2(B): "The Authority shall he perrnilled to implement processes and procedures in order employees to record lime worked including with regard to specific tasks or duties." 4) Vacations Modify Article V, Section 1 first two paragraphs by: All employees hired after contract ratification by all parties including the BhSA will be subject to the following schedule: Years of Service .1 - 5 Yeat "S 6- 15 years 16 t years Length of'Vacalion 2 week 3 weeks 4 weeks BMHA will move ALL employees to a monthly accrual system. Current employees will maintain the current vacation rate of accumulation, Article 1l ''ection 1 shall be modified so that vacation requests for ,.July and August shall not exceed two (2) consecutive weeks ,fin any employee. Special request can be made for three consecutive weeks of'vacation. It shall be the responsihility ofeach employee to request his or her vacation b January 31 cif each year_ fir, vacation time sought . 16i , the period between Ilarch and the following February. Employees are to select their preferred vacation dales with alternate second choice. Conflicts shall be resolved on the basis of Seniority within the employees job title and location for requests received by January 31. Any vacation request cfier January 31 will be considered on a first comes first serve basis. The approved vacation schedule for March until the, follo - wing February will be posted no later than March P. All vacation requests are suhfect to the approval of 'lhe Executive Direetor or his /her designee. Any employee who is at their maximum allowable vacation accumulation, that has vacation requests denied will not lose their vacation time for l year. _6_ A1 / ' 1 1 L, �>-'-- ( U/ VL� / - "� i�. Upon retirement an employee will not be paid fi r more than their maximuin tiro years tivorth of vacation accumulation, plus any Vacation Reserve Bank they may have. The Vacation Deserve Batik currently in place through the existing Collective Bargaining Agreement will remain its effect. 5 Sick leave bank: Delete Article H, Section 2. replace with: In order to be eligible to contribute in the .Sick bank employees musl; Have a minimum o1*5 sick clays accumulated The sick bank will he established i vith an up to 50 days limit. A 30 clay extension may be provided at the discretion of the Executive Director. b) Personal Leave n Codify Article VIL, Section 3 to provide that affective July 1, 2009 all employees will be entitled to the follotiOng annual accunrulalion schedule: Year --------------------------------------- - - - - -- 2days Year 2 -..____----_....__----- _..----- ----- --- -- -- - - - - -- .3 clays Year. 3 1 ------------------------------------------- S clays 7) Active employee health insurance (Article X11) Modify Article XI1, Section 1 by replacing the first three paragraphs with the following Effective as soon as possible, following the, final approval of this agreement, the BWIA shall provide health insurance through a single provider (currently Blue Crossl Blue Shield) to all eligible emplovee.s� through the 204 Plan, ivith a Y5/,S151 30 prescription drug benefit. Linployees� hired after contract ratification, shall contribute 15% of the premium cost fcnr faintly coverage and 15% for single coverage of the plan per month through payroll deduction. For all employees that obtain health insurance through the BMHA, the BMHA a to contribute annually 50% crfthe difference between the cost of the 201 plan and the 204 plan or any successor plan into a 105 -h plan consistent with IRS rules and regulations. The sharing cif health care savings into a 105 -h plan ends at retirement. The Authority reserves the right to change carriers upon notice to the Union, provided that the overall level of Benefits shall be equal to the coverage provided at the time of the change. In the event the Authority and the Union disagree regarding the over-all level of benefits provided by a successor plan, the issue can he presented to an arbitrator,for a determination. f � - j r� Also modi& Article VII, Sections 5 and 0 to provide that the rebate payment set forth therein ($720) per year) will he increased to $1,200, 8) Retiree health insurance coverage The proposal mentioned below will be effective 30 clays after contract approval by the Buffalo Fiscal Stability Autbority. Modify the Article XI I, Section 8 to read as follows: "Einployee.s who retire on or after contract ratification who retire into the New York State Employees Retirerrrent System directly from employment with the Authority, shall he entitled during retirement to the some medical health benefit coverage and prescription benefit coverage provided at the time ofretirement according to the schedule beloww. The sharing ofsavings into a 105 - plan thin was in offeetfor active employees tivill end tit retirement. 10 plus years of" City Service for existing employees (including previous BMIIA, City of13rrffalo, Btrffirlo Board of I:'ducation and Izrffido Sewer service) at no emplrlyee cost; Existing employees who retire with less than 10 _wears of "City Service " ivill contribute 10% of*the BMIIA's costfor the plan; Employees hired after ratification of this contract u7ho retire with 15 plus years of service at the BA41IA will contribute 15% of the BA4IHA 's cost, for the plan. Employees hired after ratification of this contract who retire with Less than 15 years of service at the BXHIA will contribute 25% of'the BAVIA costfor the plan. Stich coverage shall be on a single plan basis only fin retirees who, (it the time of retirement, are provided a single plan, and retirees who retire with a family plan will be provided a family plan during retirement for so long as qualified under the terms of the plan with the limitation that such retiree not he permitted to add any new covered .spouse or dependents to the retiree coverage plan. Retirees who are provided such coverage shall be required to subscribe to Aedicare options as soon as qualified in order that Medicare will become the retiree's primary covera,��e to the extent possible, and may also be placed in a .Senior Blue product equal to or better than the existing plan, at the option of the Authority, as soon as practicable. In the event the Authority and the Union disagree regarding the overall level of benefits provided by a Senior Blue product, the issue can be presented to an crrhitr ator for a determination. Employees who retire bef ore June 30, 2018 will have the option to enroll in the 201 plan upon retirement at no cost of the employee as outlined in the payment schedule listed above. _8_ A U 9) Layoff /Recall Modify Article X1V, Sections 4, 5 and 6. Layoff /Recall for employees classified as Competitive shall be done in accordance with Civil Service Law. Employees classified as Non - Competitive and who have successfully completed their probationary period shall be subject to layoff /recall by inverse seniority. 10) Temporary vacancies Amend Article XV, Section 2A. to reflect our current existing practice: Whenever all employee is assigned lo, fill a lemporm y vacancy, he shall he paid pursuant Article III &clion 4. Amend Article XV, Section 2I3 to "vacancy will be filled from one of the top 5" Modify Article III Section 4 to reflect our current practice that an employee who is promoted or appointed to a higher level position shall receive at minimum the lowest increment its the higher job grade that represents at least a $1,000 increase. 11) Application to fill vacancy Article XV, Section 1(E) shall be modified to read as follows: "An employee may apply, in " such po,sition and submit such application to the Personnel Director." 12) Vacancies Article XV, Section 1(E) shall be modified to "vacancy will be filled from one of the top 5 „ 13) Bumpinp, Reopener: Amend Article XV, Section 4 to "in accordance with Civil Service Law ", Section 5 to be deleted. 14) Union activities during work hours Article XV1Il, Section l (A) shall be modified by adding; the following: "The Authority may deny request fin union aciivily leai of exigent eircumstances• exisi. Approval of'Union leave lime shall not he unreasonably ivithheldl " 15) Special emergency or holiday -9- .1 In Article XXX, replace "Mayor" with "BMfIA . Executive Director," and replace "City of Buffalo" and "City Hall" with "BMIIA Administrative Offices," 16 Probations Period: Modify Article XIV, Section 2 to provide that the probationary period for open competitive and promotional appointments shall be not less than 2 months and not more than 12 months in accordance witll rules of New York State Civil Service Law. 17) (Vacation Sell Back Add the following to Article V: " Enydoyee.s n7ay request in writing with Authority approval to sell back up to one (l) week of'vacation per year at the e mployee 's regular daily wage ralefi)r• that yeah less usual deductions. " MANAGERIAL UNIT ONLY 1$ (Wages Effective upon ratification of this agreement in addition to the wage adjustments stated in paragraph 1, a `65,000 salary upgrade. Such upgrade is to include but not limited to: • Acknowledge the expansion of job responsibilities (Management and .Maintenance) Supervision of Assistant Superintendent • Attend meetings after normal business hours such as Tenant Council meetings, Common Council meetings, BM1 Open Houses etc. (ability to flex schedule) • Auto allowance will be included as part of salary upgrade • Manage budget • Overall responsibility for the performance of the property. 19) (work hours) Amend Article 1I1, Section 2A to state: The normal workday fi r employees in this bargaining unit shall consist of not more than eight (8) hours "Mich includes one (1) hour lunch period except f rr the period cornrnencing the first clay gl'.Iuly and ending the first 1111ondoy of',' eptemher° of each year during which period of time each year the hours ofernployrnent shall be reduced erne -half hour at the end of the assigned shift. The employees in this bargaining unit, subject to the Executive Director's approval or the apprrwal of the Executive Director's designee shall he able to work an eight -hour schedule as follows: 7: 30 a. in. to 3:30 p.m., 8: 00 a. in. to 4: 00 p. in., 8:30 a, in. to 4: 30 p, in, or 9: 00 a. in. to 5: 00 p. m. -10- J11 U rI Employees of lhis bargaining unil must be awZdable to address issues in their properly betiveen normal Business hours of '8: 30 AM -- 4:30 P" The Executive Director or designee may change an employee's 14101 schedule provided that the employee is provided six months notice ofthe schedule change, A schedule change will r in e for at least one year. WHITE COLLAR UNIT ONLY 20) (Housing Aisle Wages) Effective upon ratification of this agreement ratification date in addition to the adjustment stated in paragraph 1, a `4,000 salary upgrade will be applied to the Housing Aide salary schedule. Such upgrade is to include but not lin to acknowledge the expansion of job responsibilities: • Auto Allowance for Housing Aides receiving such allowance will be included in salary upgrade • Acting for Housing Managers during their absence for up to two consecutive weeks, without receiving out of title pay • Completion of payroll, requisition and office related tasks as needed • The Occupancy Specialist and Assistant Occupancy Specialist positions will be eliminated through attrition. The BMHA and the Union will request approval from Civil Service to include Occupancy Specialist duties in the Housing Aide job specifications. 21) (Accountant Wages) Effective upon ratification of this agreement in addition to the adjustment stated in paragraph 1, a $4,000 salary upgrade for the following Job titles: Junior Accountant, Assistant Accountant, Auditor, Senior Accountant, Supervising; Accountant, Accounting Analyst. Such upgrade is in recognition of the difficulty in filling and retaining these positions and in the additional duties and responsibilities brought about by the Authority's move to Asset Based Management. Due to Asset Based Management: Financial operations have become more complex due to increased work volume, interfund transactions and analysis created by Asset Based Management. • 18 separate balance sheets, ledger and income statements must now be prepared when previously only l was required. J F /1 1 VVV • Monthly budget status reports are now required, when previously such status reports were done twice a year. • The number of regulatory guidelines to follow at the HUD, Federal, State and GAAP level have increased significantly under Asset Based Management. • The addition of tax credit properties to the Authority portfolio requires reporting to private investors and the preparation of tax returns. Due to the increase in work complexity filling positions, cross training and maintaining staff is critical. 22) (Crime Anal st Amend Article 111, Section 2 of the contract by adding the title of Crime Analyst. The Crime Analyst, may be required to attend prescheduled Tenant Council meeting without being paid overtime or compensatory time and will be allowed to arrange their schedule to attend the meeting. 23) (Phone Room White Collar & Flue Collar) The Authority shall have the option of having a Phone Room and establishing Phone Room hours of operation. Job titles assigned to the Phone Room will be detern -ined by the Executive Director or his or her designee and must be members of Local 264 and shall be limited to handling Phone Room and office related tasks. The job titles that can be assigned to the Phone Roorn include but are not limited to: Dispatcher, Clerk Aide, Complaint Clerk, Telephone Operator, Typist, Account Clerk Typist, Senior Account Clerk Typist. In the event a vacancy occurs in the Phone Room other than the Monday - Friday, day shift, the shift will be posted. If there are no volunteers or if there is insufficient number of staff assigned to the Phone Room to fill the shift, the vacancy will be posted. If there are no volunteers, the shift will be filled by inverse seniority. Overtime for the Phone Room will be offered by rotation to designated staff listed on the Phone Room overtime wheel. Rhone Room employees working a shift other than a Monday - Friday day shift shall be paid a $35 drift differential. The Dispatcher position in the phone room will only be eliminated through attrition. The Clerk Aides currently working in. the Phone Room will continue their existing assignment and will only be eliminated through attrition or promotion. This proposal replaces the previously agreed upon Phone Room stipulation dated 12128105. l2 AVY1 i V Ll j / ri 24 Hours of Work Article III Suction 2A is modified to state: The normal ivor•kday, f n- cmj)h yces in this bargaining unit shall consist of not more than eight (8) hours which includes one (1) hour lunch period except Jbi the period commencing the f rst day ( #Vuly and ending the ,first Monday gI'Selrteinber (# 'each year during u hich period of time each year the hours of employment shall be reduced one -half hour cot the end of the assigned shift. The employees in this bargaining unit, sul�jecl to the Executive Direclor's approval or the approval of the Executive Director's designee shall he able to work an eight -hour schedule as fbllotir� . 8: 00 a. rn, to 4:00 p.m., 8:30 a. m_ to 4:30 p. m. or 9: 00 a. in. to 5:00 p. m. The Executive Director or designee may change an enyplovee work schedule provided that the employee is provided six months notice of the schedule change. A schedule change will remain in effect for cot least one year. 25) (Auto Allowance) Article XIX The titles mentioned in Article XIX, excluding the I lousing Aisle and Manager- titles will Have their auto allowance increased from the current $150 per month to $225 per month. BLUE COLLAR UNIT ONLY 26) (hours of Work.) Replace Article 111, Section 2(B) to read as follows: The Buffalo Municipal Housing Authority may at its discretion maintain a seven day operation. Tire Authority will determine the titles and number of employees. The Authority will determine by April I" of each year, whether a seven day Operation will occur for the fiscal year beginning on July I" and will notify the Union in writing of the sarne. The Authority may establish and/or terminate a second shift and must notify the Union by April I" of each year. If establishing a second shift the 13MHA shall post a list of titles and the number of positions. The positions shall be filled by seniority. If there are no volunteers the shift will be filled by inverse seniority. All employees working a second shift shall be paid a $35 shift differential. The Authority may at its discretion establish a Winter shift from 6:00 a.m. to 2:00 p.m., 7:00 a.m. to 3:00 p.m. or 7:30 a.m. to 3:30 p.m. The Authority will determine the titles and number of employees needed for such a shift. Tile Authority will detemine by July I" of each year, whether a Winter shift will occur and the Authority will notify the Union of the same. If a Winter shift is established it will be for the period of November 15"' until April 15` Should the Authority establish such a shift the titles and the number of - 13 - �s positions sought will be posted. The positions shall be filled by seniority. If there are no volunteers the shin will be filled by inverse seniority. 27 Asst. Superintendent On Call In addition to the adjustment stated in. paragraph 1, Assistant Superintendents will receive an upgrade of $ 1,500. The upgrade will be in replacement of the current practice of receiving four hours straight time for on -call assignment. Being on -call will be rotated among the Assistant Superintendents no more than seven times a year and will include designated Authority holidays. Assistant Superintendents who are called into work after normal work hours will receive overtime pay as specified in the current contract. The Assistant Superintendents inay be required to attend prescheduled evening meetings such as Tenant Council meetings, Common Council meetings, BMHA Open Houses and will flex their schedule to avoid overtime. All Assistant Superintendents will be required to have a cell phone to conduct Authority business. 28 (Safety Slides Modify Article XXII Every October 1 St but no later than October 31 s ` of each year, eligible employees will receive a $75 credit in a form to be determined by the Authority for the purchase of steel toed safety shoes at a vendor selected by the Authority. 29) (Uniforms) Modify Article XXIt Every October I" but no later than October 31" of each year, eligible employees of the Blue Collar Bargaining Unit bargaining; unit and Assistant Superintendents will receive it $ 150 credit in a forin to be determined by the Authority for the purchase of BMHA shirts, t- shirts, pants and jackets as outlined per the Collective Bargaining Agreement. f'. C FROM THE CITY CLERK April 14, 2009 00 , J SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 64/01/09 FROM: DEPARTMENT: City Clerk SUBJECT: [:Notice of Intention - [:Petition to Change the Name of Sweet Avenue to Madinah [:Avenue [:(CCP# - 60,3131109) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) This is to advise you that the public hearing for the above item is set and will be advertised for April 28, 2609 at 2:60 P. M. r /E 0 C � . c l,J ,-, SIGNATURE DEPARTMENT HEAD TITLE: City Clerk x G'SLA T 10 N No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 1834 william 3051 Main St 30 Mississippi St 350 Pennsylvania 1491 Broadway 2022 Seneca St 362 Military Road Business Name Fontana's Ogden Restaurant Broadway Joe's Bar & Grille The Irish Way Prospero Rest & Catering Jr's Lounge F'rancesca'sltalian Cusine Miltary Road Tavern RECEIVED AND FILED Owner's Name Dolores L_ Fontana Bryan Parker Quinn O'Brien Peter Provenzo R. Heil Mary Anne Manchcuone Military Road Tavern INC April 14, 2009 STATE OIL NEW YORK EXECUTIVE DEPARTMENT - = ix'arr DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY standardized ORIGINAL APPLICATION ]NOTICE FORM ,for Providing a 30-hay Advance Notice tor, Local Munirlpalill or Comnjunity Board in connection with thu _ - col on to the Stpte Liquor Aufhorily ofthe Appl Orteinal ( First) On-Pre Alcoholic Beverage License Anplication for the Establishment Idenfilied in this Notice fPacye 1 of Q 1. Date the Original co g" cop of this Notice was Mailed to the Local Municipality or Community Board: 2 Q THIS 3C -D/1Y ADVANCE NgTICE IS BEING MAILED E C TO TFILERTK OF TI1✓ OGLOWINQr OCAI. ITY bR COMMIIII[TY BOAK15 2. Name of the Local Municipality or Community Board: }( (y 3. Street Address of Local Municipality or Community Heard: 4. City, Town, or Village: 1 . 3 t� � ..� ' NY Zip Code: S. Telephone Number of Clerk of L°cal Municipality or Community Board: >ATTOR[IEY I2EPR1wSENTING THE NT IN, CONNECTION WITH THE APPLICANT'S ORIGINAL (FIR$T) ON PF{MISES PiLCOIi0I1C I3I VERAGE LICENSE APPLICATION FOR TI3E ES 14BLISHINENT IDENTIFIED ]N,IIEIS NO FICE _ 6. Attorney's bull Name is: 7. Attorney's Street Address: 8. City, Town, or Village: sue. Zip Code: 9. Business Telephone Number of Attorney: THD APPLICANT WILL FILE AN ORIGINAL (FIRST) APPLICATION FOR AN "ON PREyfISES ALCOIiO[ TC BEVIsRAGE LICENSE IN ORDER TO CONDUCT THE IDENTIFIED ESTA:3i,15IIMEIV f lI�E TYP I pF DESCRIBED BELOW l D. Types) of Alcohol to be sold under the License ( "X° one : ❑ Only Wine and Beer Only I Liquor, Wine, and Beer 11. _ Extent of Restaurant (Sale of Food F-1 Tavern-Restaurant ( A mixed -use establishment that Tavern / Cocktail Lounge / Adult Venue I Food Service: Primarily; Full Food Menu; has both "stand a sit -down dining area and a -up" bar Bar (Alcohol sales primarily - meets legal ( "X" one( Kitchen run by Cher) where patrons may receive direct deliveries of alcohol) minimum food availability requirements) 12 Type t: Establishment: Patron Dancing ❑ Cabaret, Night Club, Discotheque ❑ Capacity for 600 Live Disk Juke Jockey ❑ hotel ❑ Munic ❑ F1 Box (Small Scale) y (Large Scale Dance Club) or more patrons ( "X -• all tl,atapply) Club (e.g Golf/ ❑ Sed & ❑ Catering Stage ❑ Topless ❑ Other .- Fraternal Org.) Breakfast Facility Shows Entertainment (Sped :N, 13. proposed Outdoor Area: ❑None ❑ Rooltop ❑ 1'alio ❑ Freestanding or Deck Covered Structure ®Garden / F1 Other Orowids (Speeif - Proposed Days and Hours Martdav r "'" RM Taesdav AM PM .,Wednes r (Ak pM Tlrursdav l �AM, ;PM F =lda , 8at._,._.__ur 14. of Operation: . A'r PM c �AtA PM — * / AIN PM (Cop)ete all; m circl AM or P j T6 P Ahf M TO _ AKPM? To. . To A P4 f -> AM TO � �1- . �"�s�ands T t � . €PM' AM�'Pivl .).) ' 15. Will the proposed N ed Licese older or a Manager be physically present within the establishment during All flours of Operation? ( "X" Qrtej I }(t } NO �t I& Application Scrial Number: l 7. The Applicant's Full Name, as it appears in the application ��' i � 0_' d for the On Alcoholic Beverage License, is: (3 t -6 A' _,_.,, t S; -#" dt x• tit,, _. , r 18 The Full Name of the proposed licensed Establishment (the Trade Name under which the proposed Licensed Establishment will conduct business) is: ff- 19 The proposed Licensed Establishment is located within the building which has the following street address: k - 20. City, Town, or Village: tt a 21. The proposed Licensed Establishment will be located on the following floor(g) of the building at the above address: - -" -- 22. Within the building at the above address, the proposed Licensed Establishment will be located within the room(s) numbered as follows: 2J Business Telephone Number of the Applicant: 29: Does the Applicant own the building in which the proposed Licensed Establishment be Ioanted? °7C" If "YES", SKIP items No. 25 -28. If "NO . ", ANSWER items No, 25 -28 Go to Item No. 29, ❑ Then cont€ me to Item No. 29, Y2S L P"' NO will ( one and complete the Corm. and complele the form. OWNER QF T] 1 E 13l II LDI 25. Building Owner's Full Name is: p 26. Building Owner's Street Address: 27. City, Town, or Village: f - 28. Business Telephone Number of Building Owner: // // t y �frt. sj of Alcohol sold under the most recent License )check one): 4A STATEOFNE'WYOR.K nt of rvice: EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL -both a sit -down dining area and a -up" bar [Alcohol sales primarily - meets legal STA'T'E LIQUOR AUTHORITY Standardized ORIGINAL APPLICATIONNOTICE= FORM fo Providing a 10 -Day Advance Notice to a Local Municipolity or Commu Board In connection with the svbinission to the Stale Lt uor Authori a the Apo EicanNs Original First On-Premises Alcoholic Beverage L erase Application for the Establishment Iden6t'ted in this Notice fPaae 2 of 2) IN ORDER TO INSURE THAT PAGES I "D` 2 OF Y4DIN " PLEASE .RE 1 NTER IINMEI]IRPEfY$ELp1U !HE It3F:0I2MATI0IV REGAR YOUR COjC7lZTISIES`11R 16. Application Serial Number: 17 The Applicant's Full Name, as it appears in the application for the On- Premises Alcoholic Beverage License, is: -; t &. The,Full Name of the proposed licensed Establishment (the Trade Name under which the proposed Licensed Establishment will conduct business) is: 01 4A, f - 4, e k.:--t ti'- e 1fl -1306 sj of Alcohol sold under the most recent License )check one): Beer Only Wine and Beer Only Liquor, Wine, and Beer nt of rvice: Restaurant (Sale of Food ❑ Tavern - Restaurant JA mixed -use establishment that Tavern / Cocktail Lounge / Adult Venue / Primarily; Full Food Menu; has "stand Bar -both a sit -down dining area and a -up" bar [Alcohol sales primarily - meets legal W AIcoh one) Kitchen run by Chef) . where patrons may receive direct deliveries of alcohol( min €mum food availability requirements) pe of ent: Hotel ❑ L've 11 Disk ❑ Juke Patron Dancing Cabaret, Night Club, Discotheque Capacity for 600 Music Jockey Box (Small Scale) (Large Scale Dance Club) or more patrons Club (e.g. Golf / 13ed , Catering Stage Topless t Other ❑ FraternalOrg.) ❑ Breakfast F1 ❑ ❑ Facility Shows Entertainment (Specify): 33. L Outdoor icensed None ❑ Rooftop ❑ Patio ❑ Freestanding ® Garden / ❑ Other or Deck Covered Areas : StrOcture Grounds (Specify): Previous Days and Hours onda Tuesday wedneedev Thuradav - Fx ]dam Saturday Sunday Sued 34. of Operation: AM PM AM PM AM PM � AM M; _�. � /pMi : ,._,� A� PMi A, PM - (Complete a1% circle AM or TO AM I'M TO AM PA4 TO -AM PM TO 5 ' AM "PM' TO - " A P TO " TO -- t ' -, .. 35 Was the former License holder or a Manager physically present within the cstablishmeM during All Hours Operation? YES. NO DONT KNOW of ("X„ one): 36 Serial Number of the on- premises alcoholic beverage license most recently issued for the App4rant's proposed Licensed Establishment: 37 Expirat date - of the on- premises alcoholic beverage license mos# recently issued for the Applicant's proposed Licensed establishment:! The most recent License Molder's Full Name, as set forth on 38. the on- premises alcoholic beverage license most recently issued for the Applicant's proposed Licensed Establishment: - The Full Name of the most recent licensed establishment (Trade Name) 39, as set forth on the on- premises alcoholic beverage license most recently issued for the Applicant's proposed Licensed Establishment: Is the Applicant's proposed Establishment 49. currently open and being operated by the license holder of the most recently issued if °YES ". ANSWER item Nn. 41, if "ND , SKIP item Nn. 41, and complete the 3 entries and complete the 3 entries Yf'S �O nn- preen €see alcoholic beverage license? ( "X" one at liom No. 42. at Item No. 42. 41 Business Telephone Number of the license holder of the most recently issued license for the Applicants proposed Licensed Establishment: — FT If the OrtgitttiI Application is approved lam. the Persi it who will ho1d,"the License or 'I am a Pr.welpal of the Legal Entity the # Vlll bald Ehe Lteerise Representations mthis form are ix full confoXlnity with representations made iii documents, that. have Been submtyted (or docunieiits flat will be subtnitted) tn:the State,L'iquor.Autfionty arid`rehed itppn liy,the Authority, I understated that representations made. in this form wilt,be also relied upon by the Authority, and that false representations trt atcy documont sukrmttted to. the . Authority mayresWL.J r revocation. of any license that maybe issued. 42, By my signature, I affirm - under Peifalty'of Fezjury -that the representations made in this form'are true Printed Name 'ttine - .,���� 4 t - 1fl -1306 Broadway Joe's Bar & Grille 3051 Maim Street Buffalo New York 14214 Hello Mr. Chwalinski my name is Bryan Parker and 1 am the new owner of Broadway Joe's Bar & Grille. This is a letter of intent to inform you of my intention to apply for a new liquor license for this establishment and submit with the Mayor a 30 day waiver request. I can be reached day and night at (716) 361 -7540 if you have any questions. Thank You, Bryan Parker a. c„y CO -36 t YYh l,, 1"t1lT Y 4 Y FC11K` U�1+1l:lAJl. U .�+ +urarit�x Serial Number Type of License Date Intake Processor STATE OF NEW YORK LIQUOR AUTHORITY APPLICATION FOR PERMISSION TO MAKE ALTERATIONS SECTION 99 -D (A.B.C.) TH[S APPLICATION MUST BE FILED WITH THE APPROPRIATE ZONE OFFICE OF THE STATE LIQUOR AUTHORITY IN WHICH THE LICENSED PREMISES ARE SITUATED. This application must be accompanied by the following: 1. Plan or diagram on paper not more than 8 112" x 11" in size, showing the present layout of the premises. 2. Plan or diagram on paper not more than 8 112" x 11" in size, showing the proposed alterations, 3- if changes to the front of the premises are proposed, an elevation or diagram on paper not more than S 112" x I I in. size of the proposed front of the promises. if desired, the front elevation plan may be incorporated on the plan showing the proposed alterations. 4. NO FEE IS REQUIRED. CHECK QNE StxhsAntial Ai oration_ Any enlargement or contraction of a licensed premises, Any physical change to the exterior, that involves the creation or relocation of any window or door, and any interior change of physical structure. Any change in size or location of teat°, or dining and kitchen facilities. Minor Alteration: One costing and valued at less than ten thousand dollars, which does not affect the material character or physical structure that existed at the time of licensing. The licensee named below hereb re Nests the ormission of the Li uor Authority for the Alteration of the licensed remises set forth be Full blame of Applicant- Licensee Trade Name or other designation License Serial into: f Post office address, Cily, Tow" ()r Village..zip Code of preioises (ifdiffereni) Street address of premises go 11S](1. -.r1PP <°" County Telephone Nu. /: wzd City, TOO, or Village -zip Code _ wn by a house number, specify location in relation to nearest intersecting road or highway) Between what streets or avenues. {If outside city limits and not Do Estimated C St of Aft�r ition, source of Funds Used to Pay for Alterations- 1. List proposed alterations: (Describe all changes fully. If additional space is needed, attach a sheet of paper). t4i�TE.RAT N LB - 28 (05/06) Be sure to fill in and sigh certificat ion on next page. 2 (a) State whether additional space is being added or eliminated. ��fl Gr� (b) If so, give size, location and use of space. (c) Is a building permit required in your location (City, Town, Village) If answer is yes, give permit number and issuing municipality: (Answer "Yes" or Noti) (Number ) (d) if additional space is added, give name of landlord, terms of lease (City, Town, Village) Alcoholic beverages may not be kept or sold in any added space until a certificate of endorsement is issued, and such will not be Issued until the licensee has obtained actual and exclusive Possession of the added sp ace. AleT 3. Will any entrance or exit of premises as altered be within 206' of the 3. — -- entrance to a school, church or Mn a o ue or other lace of worshi ? Answer "Yes" or "No 4, (a) State whether there is a change in address. (if the address of the premise has changed since the last application, submit a written explanation or letter from the Post Office). (b) if so, give eliminated address and/or additional address. AJ9 (Answer "Yes" or "No ") (Eliminated Address) (b) Additional Address 5 TO BE ANSWERED BY ON- PREMISES LICENSEE ONLY Seating Capacity at tables M Total Len th of Bar � /`7 ' This permission, as granted herein is VOID if not completed in 90 days unless the time is extended by this Authority. (Make such request in writing.) There may be no deviation from the items approved herein without written permission Of this Authori THE FOLLOWING 7ERTIFICATION MUST BE SIGNET] AND DATED 13Y INDIVIDUAL APPLICANT AND EACH MEMBER OF PARTNERSHIP The undersigned, each for himself, certifies that he is the applicant above named; that he knows lice contents of the above application and the statements contained therein and the same are true of his own knowledge- The undersigned also certifies that they will tout all local coda requirements of the municipality in which the premises is located and obtain any necessary permits required of him in order to perform the alteration within the boundaries of Ore law. DATFD TO BB SIGNtM AND DATED BY A tl1 t !ate Gp'iJ , certifies that he is of lire above named applicant corporation; that he ktwtws the contents of the above application And the stutements and answers therein, t hat the same are true of his knowledge; that he has been authorized, by order ofthe Board Ofl)irectors ofsaid applicant corporation to make the statements and answers in this application in bchalfofsaid applicant corporation with the same force and effect as ifsaid corporation made such statements and answers itself. The undersigned also certifies that they will meet all local code requirements ofthe municipality in which tho premises is located and obtain any necessary pennits required of him in order to perform the alteration within the of the law. r— DATED (3ienature of authorized officer) . ........ _ ENTRY RECORD (To be rnade by State Liquor Zone: County: Serial: Class: Debit Date: Audited By: d. (a) Slip No- ACTION BY LIQUOR AUTHORITY: APPROVED DISAPPROVED BY DATE: LB -28 (05106) CITY OF B UFFALO BYRON W . B ROW N MAYO February 20, 2009 Mr. Brandon Noyes Executive Officer New York State Liquor Authority 125 Main Street Buffalo, New York 14203 Re: On Premises Liquor License Application — Alteration Liquor License Application for Irish Way LLC - Benchwarmers Premises known as 30 Mississippi Street, Buffalo, New York, 14203 Dear Mr. Noyes. The City of Buffalo has received a request from the above referenced applicant for a liquor license at 30 Mississippi Street, Buffalo, NY to waive the thirty (30) day period between notification to the City of Buffalo and the filing of an application with the State Liquor Authority. 1 have no objection to a waiver of this statutory waiting period. 1 am in favor of the granting of this license conditioned upon, and in full expectation of, the applicant's and the facility's continued compliance with all applicable building codes, fire, health, safety and governmental laws, rules and regulations. Thank you for your assistance in this matter. Sincerely, 1" & M 6 , v � B ron W. Brown Mayor BWB /gk 65 NIAGARA SQUARE / 201 CITY HALL / B17FpALo. NY 14202 -3392 / (716) 851--4841 / FAY- (lib) 851- 43611 / wwwxky- huffaloXom THE IRISH WAY, LLC HBA BENCHWARMERS 30 Mississippi Street Buffalo, New York 14203 (716) 856 -3740 February 5, 2009 NEW YOR STATE LIQUOR AUTHORITY 505 Washington Street, Suite 303 Buffalo, New York 14203 Re: Alteration Permit Dear Sir or Madam: I arm respectfully requesting permission of The New York State Liquor Authority to approve an alteration permit to eliminate a gate dividing a patio between DBA Benchwanners located at 30 Mississippi Street, Buffalo, New York 14202 and MolTisey's Restaurant located at the same building. Benchwarmers is located on the south side of the building while Morrisey's is located on the north side of the building. The reason for the request is there is only one handicap entrance to the patio that contains a power lift allowing handicapped individuals access to both Benchwarmers and Morrisey's. The handicap lift is located on the south side of the building in front of Benebwanners. An additional handicapped entrance on the not side of the building is not possible as there is not enough room to place one there_ If the gate remains separating.13enchwarmers and Morri4ey's it will then prevent handicapped individuals the ability to canter the establishment of their choice. Enclosed please find sketches and photos detailing the gate along with sketches of the proposed alteration with the gate eliminated. Thank you for your assistance in this matter. Respectfully yours, Quinn O'Brien President, The Irish Way LLC t V F March 27, 2009 To: The .Buffalo City Clerics Office This is to notify that Triangles of N.F.N.Y. Inc. DBA Prospero Restaurant and Catering is opening a restaurant at 350 Pennsylvania Street, Buffalo in mid July. We have already submitted our notice of publication in the Buffalo Law Journal, elates of publication are 3116/09 and 3123/09. We are writing to the City Clerk to inform you as per the New York State Liquor Authority in issuance of an on- premise liquor license. Thank You, Triangles of N.F.N.Y Inc. DBA Prospero Restaurant and Catering r 0 April 12009 To Gerald Chwalinski, City Clerk of Buffalo, NY Please be advised that my client Angelo R. Martinez who resides at 1491 Broadway, Buffalo, NY 14212 is applying for a temporary liquor license for JR's Lounge, 1491 Broadway, Buffalo, NY 14212. Sincerely, f Robert G. Heil Representative for Angelo R. Martinez 716 - 5120 -5018 �l I � -• V L.tr • c, f [ f t . ' : "'. x: z t7 . H72 wil 1 I 1 1 1 I 1 I ---- -1 r� --- ` - _ .. -- _ _a I � AlI11MNMMMY�I�Y1b11Ylrit 3 W C 7a C -fi t'+. � 3�•- - �i'i'U� A� GW�Jt - D"p Q6� � NC�CJp E N Rt t ,ate an •- STATE OF NEW YORK EXECUTIVE DEPARTMENT . -A ...r,' &[ N nee Ar C4E 01 Ir BEVERAGE rvlN7 RO sTATE I.IQIIOR AUTIfORtTY smn,47,dtaed ORIGINAL APPLICA,TIE)N NOTICE DORM for Providing 30 - I)av Advance Notice 1'o a Local MunicinalitY or Community in eopwrcrion with the ,nihnrission ro the State Liquor.4aihorify of the 9 AupficanCs Ori inai First On- Premises A ohoiic Revers a Liceitse Atiolica rtuti for the Establishment Identifm in this Notice Pa e i of 2 I. Date the Original copy of this Notice was Mailed to thr, Local Municipality or Community Board: p THIS 30-DAY ADVANCE NOTICE IS BEING MAILED TO THE CLERIC OF THE FOLLOWING. LOCAL MUNICIPALITY OR COMMUNITY BOARD . 2, Name of the L °cal Municipality or Community Board: t+14 Ir 3. Street Address of Local Municipality or Community Board: ' 4. City, Town, or Village; Zip Code: /1 5. felephone Number of Clerk of Local Municipality or Community Board: - - ATTORNEY REPRESENTING THE APPLICANT IN CONNECTION WITH THE APPLICANT'S ORIGINAL (FIRST) ON- .PREMISES ALCOHOLIC BEVERAGE LICENSE APPLICATION FOR THE ESTABLISHMENT IDENTIFIED IN THIS NOTICE 6. Attorney's Pull Name is: pL gf 7, Attorney's Street Address: `7 S. City, Town, or Village: WCy. ` 'Zip Code: 9. Ilusfness Telephone Number of Attorney: THI APPLICANT WILL FILE AN ORIGINAL (FIRST) APPLICATION FOR AN ON- PREMISES ALCOHOLIC BEVERAGE LICENSE IN ORDER TO CONDUCT - WITHIN THE IDENTIFIED ESTABLISHMENT - THE TYPE OF BUSINESS DESCRIBED BELOW 10. Type(s) of Alcohol to be sold under the License ( "IC of c #: ❑ Only 11 Wine and Beer Only � Liquor, Wine, and Beer n laxtent of Restaurant (Sale of Food Tavern - Restaurant (A mixed -use establishment that Cavern / Cocktail Lounge / Adult Venue. / ❑ "stand liar 13ar (Alcohol sales primarily - meets legal food Service; Primarily; Full rood Menu; has both a sit -down dining area and a -up [ "Ii:" QLIJC Kitchen run by Chet) where patrons may receive direct deliveries of alcohol) minimuin food availability requirements) T I2 ' Type of Live Disk Juke F-1 Patron Dancing ❑ Cabaret, Night Club, Discotheque F-1 Capacity for 600 F] iiottl ❑ Club{ or more ❑ Establishment: Music Jockey Box Small Seale) (Large Scale Dantx: patrons ( °X° all Club (e.g. Golf J Bed Catering Stage T°pk;s Other F (Specify): that apply) Fraternal Org.) Breakfast Facility Shows riterlainment .I 3. Proposed Outdoor Area: O Patio Prcestanding Gardan / ❑ther None ❑ Roo Patio Structure Grout ( - or Duck Covereds Spcciry): Proposed Edo d Tuesd Wednesday T .rimed y 4 Frida9 eaturdav Sunday Lays andI]onrs MPM I'M / :do A17S a� AMO ��,1:E AM4i 14.W AM 'Ri ,� A AM 14. of 0peratiort: T8 TO TO TO YO � (Coirlplele all; LL. e / )._,_� p� M circ AM or PM) _ AM PM PM A PM :d ATM ! ° Op f P<'1 dy h i'M_ '`�� � 15_ ® Wi13 the proposed License Holder or a Manager be physically present within €he est.ablishmerit during All fours of operation? ( "X" one:): � YES ! i NO 7G. Application Serial Number: I� `!. Tbe. Applicant's Full Name, as it appears in the application � �� pot? I4 l for the On Alcoholic B everage License, is: ('� � 18 Che Full Name of the proposed licensed. Eslahlistunent (the_ Trade Name Uri ter which the /17 ( - /) 1 QY - �t proposed Licensed 1stablishment will conduct business) is: leo* 19. The proposed Licensed RIdAblishmeDt is located within the building w hich has the fo llowing street ad drtis;v: 20. City, Town, or Village: Zip Code 21. The proposed Licensed Establishment will be located on the following floor(s) of the building at the above address: p 22. Within the building at the above address, the proposed Licensed Establishment will he focatcd within the ronm(s) numbered as follows: r a 23. Business Telephone Number of the Applicant: - - -7 Does t Applicant own tlic building in If - YES', SKIP items No, 25 -28. If `NO', ANSWER items No. 25 -28. 21. which the proposed Licensed Go to Item No. 29, Then continue to Item No. 29, No [] form, Bstablishment will be located? ( -IV PqA Yes and complete the torn. and complete the OWNER OF THE BUILDING IN WHICH THE PROPOSED LICENSED ES'T'ABLISHMENT WILL BE LOCATED 25. Building Full Name 26. Buildi 27. City, Town, or Village: Zip Code: 26. f3usinesaTclepIt one Number of Building Owner: ' E-F= Skm[larrlizecd ORIGINAL APPLICATION NM ICE FORM forProvdinga • `, kIA STATE OF NEW YORK �^ � e o a io a m oral un S ipality or C Award in corrare 3 - Da Advance No mrr l,acal )4fumc EXIT(`t1T1VE DEPARTMENT tale LiquorAuthorrry ofthe r i DIVISION ON AI.C:OROLIC IOWERAGF CONTROL A iteauf's Orig inal l'1rSt 1�f1- il'rem1SBN Alcoholic ISCWera a i,ict[�st 1k `ricuiiuti STATE LIQUOR AUTHORITY for the Establishment Identified in this Notice !Pace 2 of 21 IN ORDER TO INSURE THAT PAGES I AND 2 OF YOUR NOTICE ARE NOT SEPARATED OR MISPLACED, PLEASE RE -ENTER IMMEDIATELY BELOW T HE INFORMATION REGARDING YOUR APPLICATION SERIAL NUMBER, NAME, AND TRADE NAME YOUR COURTESIES ARE APPRECIATED 16. Application Serial Number: 17 The Appl'icant's Full Name, as it appears in the application for the On- Prerniscs Alcoholic Beverage License, is: 1$ The Full Name of the proposed licensed Establishment (the Trade Name under which the proposed Licensed Establishment will conduct business) is: (f {/ TO INFORMATION REGARDING THE ALCOHOLIC BEVERAGE LICENSE MOST RECENTLY ISSUED FOR THE APPLICANT'S PROPOSED LICENSED ESTABLISHMENT Has a business involving the licensed on- premises sale and /or consumption If YES", ANSWER Items No. 30 -41, If'NO ", SKIP items No. 30 -41. 29. of alcoholic beverages } and complete the Complete the 3 entries Yes NO ever been conducted within the j 3 entries at Item No. 42, at Item No. 42. proposed Licensed Establishment? PROVIDE THE FOLLOWING INFORMATION WITH REGARD TO THE LICENSED BUSINESS PREVIOUSLY OPERATED (OR NOW €3EING OPERATED) TINDER THE ALCOHOLIC BEVERAGE LICENSE MOST RECENTLY ISSUED FOR THE APPLICANT'S PROPOSED LICENSED ESTABLISHMENT 30, 'lgpc(s) of Alcohol sold under the most recent License (check on Beer Only Wine and Beer Only K Liquor, Wine, and Beer Uxtent of Food Service: ❑ Restaurant (Sale of Food ❑ Tavern- Restaurant (A mixed -use establishment that Taveri / Cocktail Lounge / Adult Venue / has both dining `stand bar Nat (Alcohol sales - meets legal 31. ( mxe a sit -down area an a -up primarily Primarily; Full food Menu; ti Kitchen run by Chel) where patrons may receive direct deliveries of alcohol) minimum food availability requirements) 32. Ty e o€ " I 7 [] Live Disk Juke Patron Dancing abaret, Night Club, Di5cotb ef Capacity for 600 Hote � 1 I l I 1 C1ul f "Jockey �15ox � g Fstablisl en1: or more patrons Music (Small Scale) (Large Scale Dance — Golf/ ( ail Club (c.g Berl t1a Catering ❑ Stage ❑ Topless ❑ Other Facility Shows Entertainment (Specify): that apply) Fraternal Org.) Brcakfiust 33. Licensed Outdoor j JK Patio Freestanding Garden Other / None ❑ Rooftop F1 ❑ k Covered Structure Grounds or Bec (specifyl: Areas Previous IiQand Tweeds Wednesflay Thursday Friday 6atarday $nndav 39. Days and Hours y ! - - -- ^ p � of Gperatime PM [[!!� M C� Q D AM O AM � utI AM '�P / `d AA4 (Complete all; 1 TO To TO TO AM TO circle AM or AM €1T AM YN 1 d� PM �_b PV1 d-.00 K P- Q (0, 35. 'Was the former License Holdcr or a Manager physically present � YES I ! NO during flours Operation? 'X - DON`[` KNOW within the ostairlishasaenL All of J one : �6 Scrial Number of the on- premises alcoholic beveralge- li[:i:[1 most Estabtishrrlctut: recently issued for l Applicant's proposed Licensed ire 37 Expiration date of the on- premises alcoholic beverage license most recently issued for the Applicant's proposed Licend !Establishment: se 383 The most recent_ License Hottices Full Name, as sel. forth on 1 the on- premises alcoholic leverage license most rcccntly / _ � 1p 777 111 1 issued for the Applicant's proposer! Licensed establishment: 39. The Full Name of the most recent licensed establishment (Trade Name) as set forth on the on- premises alcoholic beverage license most J /s Y / p I— L recently issued for the Applicant's proposed Licensed Es4t[il sliment: 40. Is Tice Applicant's proposed Establishment currently open and being operated by the license holder the issued If - YES', ANSWER item No. 41, If `NO", SKIP item No. 41, anti com the 3 entries ® and sot tits 3 ent�ics No of most recently yes at item No. 92. at [lent [lent No. 92. on- premises alcoholic beverage license? ( °X" one 41. Busioess Telephone Number of the license holder of the angst recently issued � � e � 7 T� =_5U license for the Applicants proposed licensed Estabhshssu tf - - if the Original Application is opproved, I am the Person who will hold the License. or I am a Principal of the Legal Entity that will hold the License. Representations in this form are in full conformity with representations made in documents that have been submitted (or doeirments that will be submitted) to the State Liquor- Authority, and relied upon by the Authority. I understand that representations made in this form will be also relied upon by the Authority and that false in any document submitted to the Authority may result in revocation of any license that may be issued- 1 4 By my signature, I affirm -- under Penalty of Perjury _. tdliat the representations made in this form are true. - - Printe.dd F Name {,��j E Y 67 ,1 C ° P 4 y / /G. -- ✓ I 10 -49 r 000'.3 ? 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 - Stacy Lewis, Molly Costantino 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. f pl April 1.4, 2009 SIN PAGE COMMUNICATION TO'TH, } COMMON COUNCIL TO: TIII COMMON COUNCIL FROM: DEPARTMENT DATE; March 27, 2009 POLICE DIVISION: SUBJECT: Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) : Item No. Ex. (I tem No. xxx, C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE BELOW t PO Stacy Lewis assigned to the I -District has been granted a maternity) leave of absence without pay for the period of b months commencing April 7, 2009 through October 7, 2009. IIMG /tlo TYPE DEPARTMENT HEAD NAME: IJ. McCarthy Gipson TYPE TITLE: SIGNATURE OF DEPAR`I'MI;NT IIEAD � *SSN: Xxx — M - ' * LAST FOUR (4) DIGITS ONLY" TYPE OF LEAVE EDUCATIONAL ❑ MATERNITY EMPLOYMENT ❑ MEDICAL FAMILY MEDICAL ❑ MILITARY ❑ PERSONAL ❑ o THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILI], SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE. DATES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: 11.11__ oj i� c :2-66q = EMPLOYEMGNATURE APPROVED /DENIED 1 APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT - 3/ `� / J?O UICE INSPECTOR DATE ,APPRO__ED 1 APPROVAL. CONDITIONED UPON SURRENDER OFDEPARTMENTAL EQUIPMENT f i ,•: - J POLICE C MM�IONER DATE ,!l El�- . I..___> r ` (( IC-_! CC: ORIGINAL -ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL NAME: RANK: -� FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL SI Nci7,t I'ACil Co�MiMvNICA't'tON '1'0 TE -tt, COMMON COUNCIL, TO: TI II? COMMON COUNCIL FROM: DEPARTMENT DATFT March 25, 2009 DIVISION: POL,ICI SUBJECT: 1 : L,eave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) 1: Iteni No. Ix. ( Itcin No. xxx, ('.C.P. xx /xx /xx 'T'EX'T': ( TYPE SINGLE SPACI 13I;I.,OW PO Molly A. Costantino assigned to the C-District has been granted a personal leave of absence without pay l'or the period of 6 months commencing April 2, 2009 through September 29, 2009. I IMG /tlo TYPE DT PARTMF.NI' I -If ?AD NAM] Ih McCarthy G pson TYPE TITLE: Commissioner of Polic SIGNATURE OF DI I'AR"T "MI NT" IIEAD -f .' P -12e r� f J 1 r j' � gyp: ... I �- � i ..- i �J � � ` S. � .... NAME. 1 , {_v 1 ,C) RANK �1 . _._ . ESN: ') I UNIT: ** LAST FOUR (4) DIGITS ONLY" EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ MEDICAL ❑ FAMILY MEDICAL ❑ MILITARY El PERSONAL qL o THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE, FAILURE TO ®O SO WILL RESIILTIN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BE ING AWOL DATES OF LEAVE . BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: APPROVED / DENIED / APPROVAL CONDITIONED UPON SURRENDER OF DEPAREgEYLALfgUIPM T POLICE COMI �w DATE J� CC: ORIGINAL — ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL INSPECTOR DATE 00033 No. Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. U April 14, 2009 #4 (Rev 7 -07) Certificate of Appointment d to compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, T transmit this certification of appointment(s) or promotion(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the :Position of 04/07/2009 Common Council South District Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASO Open Competitive, Promotional, Non - Competitive, Exempt (Insert one) O Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (.Enter Starting Salary) : Starting Salary of $ 1 0.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Michael Blake DATE ADDRESS 60 Houston St CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -8057 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 1010200'1- 41100'1 TITLE CODE NO 1775 BUDGET ACCT. OBJ. PROJ. ID PERSONNEL REQ. NO 4961 SALARY RANGE OF POSITION 10.00 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY; Gerald Chwalinski TITLE OF APPOINTING, AUTHORITY: City Clerk DATE: Aprih6, 2009 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES T O: #3- COMPTROLLER #4- HUMAN SERVICESlCIVIL SERVICE #5- BUDGET �#6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 0 0 () 3 No. Appointments - Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. April 14, 2009 t #4 (]tcv 7 - €)7) f f" Certificate of Appointment In cumhliance with provisions iA'Scetion 24 -2 of the Charter acid Chapter 35 -1 or the Ordinances uf'tile City ofBuffalo, I t ansaitit this certification of sppoinlment(s) or prowIzotion(s). I flu tho cc] tify that the persons) named in Schedule "A" have been ceritied or approval by the IIuax an €2esowws/CiviI Senricn for the Appoilltmel't Effective: APRIL 2, 2009 in the Department of Division of to the Position of EXECUTIVE MAYOR INTERN IX Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNCLASSIFIED Open - Competitive, Promotional, Non - Competitive, (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 11.57 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN, XXX -XX -3728 NAME LaShandra Williams ADDRESS 611 Calvin Avenue CITY & ZIP Buffalo, NY 14216 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10301001 TITLE CODE NO 1778 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL. REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: BYRON W. BROWN TITLE OF APPOINTING. AUTHORITY: MAYOR DATE: APRIL 2, 2009 SIGNATURE OF APPOINTING AUTHORITY: OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES) V V V L" 10 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 1.4, 2009 �i #3 (Rev 1 -02) Certificate of Appointment`` Tai cornPiiance with Provisions of Section 24 -2 of the Charter and Chapter 35.1 of the (Ndinancm of the City of Buffalo, T transmit this Certification of appointments) Or provaotion(s). I further certify that the persons) named in Schedule 'W have been certified or approved by the Human RcsourcWCivil Service for the Appointment Effective_ � � a r-) (� � in the Dcpartiment of Public Works, Parks & Streets Division of Engineering to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal (insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) FLAT tenter Starting Salary) : Starting Salary of: $11.11lhr. LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Erik Clements DATE ADDRESS 169 Timon Street CITY & ZIP Buffalo, NY 14208 LAST 4 DIGITS OF SSN_ XXX XX 7267 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13111001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2008 -012 SALARY RANGE OF POSITION $11.11 /hr. Flat PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY Steen J. Stepniak March 24, 2009 ORIGi M 3 COPIES TO_ GITY CLARK' (QN /BEI ORE APPOINTMENT DATEi OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERViCESICIViL SERVICE #7- BUDGET #8 DEPARTMENT #9- DIVISION #10- IMPLOYEE S1 1/3 (Rev 1 -02) i Certificate of Appointment d In compliance with provisionv of Section 24 - of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, .1 transmit this certification of appointment(s) or pramotion(s). T futiher s:crtify that the person(s) named in Schedule 'Whave been certified or approved by the Human Resourov-slCivil Service for the Appointment Effective: 4 1 -,-� 1 0 0 y in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer If Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT jEuter Starting Salary) : Starting Salary of $11.11 /hr. LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME William Westbrooks DATE ADDRESS 204 Sanders Road CITY & ZIP Buffalo, NY 14216 LAST 4 DIGIT'S OF SSN. XXX - XX - 7267 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - X X- REFERRED TO THE COMMITTEE. ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 9624 BUDGET ACCT, OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2008 - 009 SALARY RANGE OF POSITION $11.11 /hr. Flat PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING, AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. St nick -' r 2009 UKIC3tIVAL + 3 C.Ut'Itw� I U: C:I I Y t,:t_tK14 �VtVltSthVKt Ht'YVIIY t MtIV I Vli 31=1 OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8-D EPAR T MENT #9- DIVISION #10-E #3 (Rev 1 -02) Certificate of Appointment �. in compliance with provisions oI'SccIion 24 -2 (if the Charter and Chapter 35 -1 of tile Ordinances of the City of BlIffalo, I trmnsrnit dais certification of appoindncnt(s) or pronlotion(s). I further eeriify flint the person(s) naniul in Schedule "A" have been certified or approved by the Human Root aces /Civil Servicc for the Appointment I ?ffective: April 6, 2009 in the Department of Administration, Finance, Policy & Urban Affairs Division of Parking Enforcement to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal (insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, f=lat (Insert one) FLAT i) nter Starting Salary) : Slarting Salary of $11.67/hour LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Robert Nespal Jr. DATE ADDRESS 72 Heward Avenue CITY & Zip Buffalo, 14207 LAST 4 DIGITS OF SSN, KXXdXX -9 149 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL_ SERVICE BUDGET ORG, CODE 11413001 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 OT HER COPIES TO: #6- COMPTROLLER #6- HUMAN! SERVICESCIVIL SERVICE #7- BUDGET #S- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. April 14, 2009 83 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment (s) or promotion(s). 1 further certify that the person(s) nitned in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: March 26 t !(� in the Department of Law Division of Law to the Position of Assistant Corporation Counsel I (Muni) Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM Enter Starting Salary) : Starting Salary of $50,604.00 LAST JOB TITLE NAME ROBERT QUINN LAST DEPARTMENT DATE ADDRESS 140 LINWOOD AVENUE APT. A - 3 LAST SALARY CITY & ZIP BUFFALO NY 14209 L 4 DIGITS OF SSN. XXX - XX - 5389 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 10546001 TITLE CODE NO BUDGET ACCT. OBJ, 411001 PROD. ID PERSONNEL REQ. NO 2008-110 SALARY RANGE OF POSITION 50,604 TO 59,583 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Alisa A Lukasiewicz TITLE OF APPOINTING_ AUTHORITY: Corporation Counsel DATE: March 26, 2009 31GNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFO,RE.APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #14- EMPLOYEE(S) t� #3 (Rev 1-02) Certificate of Appointment'` In compliance with provisions of Station 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 pronnotion(s). I further Certify that the person(s) named in Schedule "A" have been certified or approved by the Homan Resources/Civil Service for the Appoitilinent Effective: 30 e in the Department of Public Works, Parks )&. Streets Division of Streets to the Position of Truck Driver (Streets) Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) MINIMUM kEnter Starting Salary) : Starting Salary of: $31,295 LAST JOB TITLE NAME Gregory Leonard LAST DEPARTMENT DATE ADDRESS 149 Cushing Street LAST SALARY CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -8476 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2008 -088 SALARY RANGE OF POSITION $31,235 - $34,539 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak -, TITLE OF APPOINTING. AUTHORITY: Commissioner - DATE: Xarch 24, 2009 SIGNATURE OF APPOINTING AUTHORITY:( t ` ORIGINAL + COPIES TOL CITY CLERK CON/BEFORE APP OINTMENT D. ATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESlCIVIL SERVICE #7- BttDGET ##a DEPARTMENT #9- DIVISION #10- EMPLOYEEl5) 113 (Rev 1 -02) C 1/1 r `a Certificate of Appointment In Cor)tpliaime with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of' tile City of Buffalo, 1 transmit this certification of appointment(s) or promotion(s). t farther certify that the person(s) teamed in Schedule "A" have heco codified or approved Iry the Human Rcsimws /Civil Service Rjr the Appointment Effective: _�) ,3©) t O C f in the Department of Public Works, Parks & Streets Division of Streets to the Position of Motor Equipment Mechanic Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $32,590 LAST JOB TITLE NIA NAME Brian R. Yox LAST DEPARTMENT DATE ADDRESS 116 Trowbridge Street LAST SALARY CITY & Z[P Buffalo 14220 LAST 4 DIGITS OF SSN. XXX - XX - 9995 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15050001 TITLE CODE NO 6150 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 - 105 SALARY RANGE OF POSITION $32,690 - 36,465 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME. OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY Steven J. Stepniak Commissioner of Public Works, Parks & Streets DATE: 0,3/24/2009 \._ l SIGNATURE OF APPOINTING AUTHORITY: A..A_. - X' -1' ORIGINAL t 3 COPIES TO: CI I Y CLE12K 1 ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE (S G #i3 (Rev 1 -02) k Certificate of Appointment In eompliamce with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Mtffato, I transmit this certification of' appointnicni(s) or promo tion(s). I ful certify that the person(s) named in Schedule "A" have been ceriitied or approved by the Human lacsourceslCivil Service for the Appointment Effective: in the Department o1' Public Works, Parks & Streets I.)ivision of Streets to the Position of Motor Equipment Mechanic Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (Etrter Starting Salary) : Starting Salary (if $32,690 LAST JOB TITLE NIA NAME Mark R. Lewandowski LAST DEPARTMENT DATE ADDRESS 51 College Street LAST SALARY CITY & ZIP Buffalo 14201 LAST 4 DIGITS OF SSN. XXX - XX - 6902 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN, XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 1 5050001 TITLE CODE NO 6150 BUDGET ACCT- OBJ. 411001 PROJ, ID PERSONNEL REQ- NO 2008 -105 SALARY RANGE OF POSITION $32,690 - 36,465 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE. OF APPOINTING. AUTHORITY Steven J. Stepniz Commissioner of Public Works, Parks & Streets DATE: � 03g412009 SIGNATURE OF APPOINTING AUTHORITY: A ORIGINAL + 3 COPIES TO: CITY CLERK WBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) 113 (R(!v 1-02) Certificate of Appointment , In cmpluwi c with provisiexrs of Section 24 -2 of Ific Charter mid Chanter 15 -1 of the 0,chnances of the City of ffi ffiio, I Transmit this certification or uppwntmeet(s) of promotion(s). I further certify that the person(s) nflmed in Schcdute "A" have been certified or approved by the Human Resnure,,A%vil Service for the Appointment Fiffcctive: 03l 09 in the Dleparttnent of POLICE Division of Admin & Communications to the position of Crime Analysts (Insert One) : PERMANENT (Insert One) : APPOINTMENT (Insert One) at they MINIMUM (I3titer Starting Salary) - Starting Salary of: $45,741 Schedule "A" LAST JOB TITLE Prop. Crime Analyst NAME Tracy A. Masiello LAST DEPARTMENT BMHA DATE ADDRESS 11 Clarendon Place LAST SALARY $45,741 CITY & ZIP Buffalo, NY 14209 LAST 4 DIGITS OF SSN. XXX -XX -8'152 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SS X XX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LA ST 4 DIGITS OF SSN. XXX -X X- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -X REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12021001411001 BUDGET ACCT. OBJ. 12021001 411001 PROJ ID SALARY RANGE OF POSITION $45,741 - $53,584 REASON FOR APPT. ABOVE THE MINIMUM TITLE CODE NO 2020 PERSONNEL REQ. NO 2008 -104 PER YEAR NAME OF APPOINTING AUTHORITY: H. McCarthy Gipson TITLE OF APPOINTING. AUTHORITY: Commissioner of Pb ice _ DATE: E}31181b9 a SIGNATURE OF APPOINTING AUTHORITY: 7: ORIGI * 3 CO N S CITY CL €iK (ONII I CFORL 'APPQt1V— - NT_D81 E QTHFR C OPIES TO #5- COMPTRO #6- HUMAN SERVSCES /C IV €€.,SERVICE 97- Hl)[)GFT #8- DEPARTMENT 49- OiVISION #10- EMPL OYEE($) NON- OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NONOFFICIAL COMMUNICATIONS April 14, 2009 Buffalo Water Board Chairperson: Oluwole McFoy Vice Chairperson: Donna Estrich Gerald E Kelly William L. Sunderlin City of Buffalo Commissioner of Public Works, Parks & Streets Steven Stepniak .RICAN WATEP, J 00038 l Memorandum To: From: Date: Regarding: Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider April 7, 2009 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on April 6, 2009: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated March 2, 2009 3. Fully Executed Phase III Application and Certificate for Payment No. 23 _ February 2009 4. Phase III Application. and Certificate for Payment No. 24 -- March 2009 5. Phase IV Application and Certificate for Payment No. 9 — March 2009 6. Program Packaging and Development Services (PPDS) Provider Update 7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project — February 2009 S. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III — February 2009 RECEIVED AND RLE MiCHAEL P. REAR S PRESIDENT PRO FirAPOI?F SOUTH DISTRICTCOUNC11 WEAiM R 65 s` iAGAR;'N SC -iiA Kl -, "1 40 i Ci f'; i tiv BUFFALO, JNY M202 -3318 PHONE: (716) 8511.5169 > FAX: (716) 35 t-4294 E -mail: rnPearo. @(tty- bdfaloxorn April 8, 2009 U.S. Dept. off I ousing and Urban .:Developnicnt (I-IUD) Buffalo Field Office Lafayette Court, 2nd T'loor 465 Main Street Buffalo, NY 14203-1780 QkIAIRMAN FINANCr V /AN_R1R D VELO,'MfNil onr;Iri - i£cs BUDGIII BURA CIVIL SERVIC€ !' -IN I .1 S RULES L. O LLIN ILY A Ss15 1 1 kIyTS MARTHA-ANN MURPHY KELLY M. KRUG RussEI.i. C. WEAVER A`I'TN: Stephen 13anko, Field Office Director; Malley A. Peacock, Field Director for Community .Planning and Development Re: Community Development Block Grant ("CDBG ") Program Monitoring 1Zeport for the City of Buffalo, NY (Monittwing Dates: Please l - June 16 — jnly 2, 2008; Phase 2 - August 2S — September 11, 2000 conducted by HUD's Office of Community Planning & Development in Buffalo, NY. I am writing to you in regards to the CD13G Monitoring Report which was recently released for tla.e City of Buffalo, NY by your agency. As a taxpayer and legislator for the City of Buffalo, I am deeply troubled by the large number of findings and concerns noted by HUD in regard to various areas of the City's CDBG progr that appear- in this report, as well as the report's mention of there being "inconsistencies in reporting information identified through .iDIS aid numerous questions that surfaced during the review of the City's 2008 -2012 Consolidated Plan submitted on March 17, 2005." According to the report, 1111D "uses a risk -based approach to rate grantees, programs, and functions, including assessing the Departinent exposure to fraud, waste and nn.sinanageinenf' ire determining which grantees will be monitored. The City of Buffalo was selected for rrionitoring as a result of this review. The report also makes clear that "nloniloring is the principal means by which HUD e.1.1strres CD]-IG programs and technical areas are carried out efficiently, effectively, and that the programs comply with applicable laws and regulations ... n"ronitor is not lin - iited to a one - tirne review but is meant to be an ongoing process that assesses the quality of a grantee's pi rformance over a period of time involving continuous con-urnunication and evaluation." In the report's Stirnimiry of Results and Conclusions, it states that HUD has identified nineteen findings and two concerns, Moreover, "ln summary, it was .noted that there is a con "Tor the People' c.: _ rl v that exists argon, all f €ndin;gs identified cerrterin(y on a dcficicncies in dic; overall t'Dl3(i pro`�rarr, managerxrent. This was evidenced by the City's lack of ccr7tralizcrl acc ountability fir oversight that is supported by an identifiable or-aiwational structure and written policies and procedures to assess coinphancc anti progress." This monitoring report makes it clear that serious problems cxist with the City of Buf'falc)'s C:D.BG progratr:r and that greater transparency and oversight is r�r;(Aocl. WV , Intend to use all powers at our disposal to ensure that any and all deficiencies in this program arc timely anal appropriately. I respectfully request that a representative; from HUD attend a meeting of the Common Coifnell to explain. in greater detail, the troubling issues addressed in this report. To this end,' I will contact your officc to arrange a rnuWally convenient meeting date and time. , If you have any questions concerning this nutter, please contact the rrudersigned at 716'851- 51 Cif). z �G".te r' M10, IAET P. KEARNS South District Council Mernber Conn ion Council President Pro `l'eipore Comrnon Council Finance Committee, Chairman R EFEPr- , ' F D TO P = g gg b 0001,10 MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202-3318 PHONE: (716) 851 -5169 4 FAX: (716) 551 -4294 E -mail: mkearnsr6city- 6uffalo.com MEMORANDUM TO: Gerald Chwalinski FROM: Councilm.ember Kearns DATE: April 7, 2000 RE: IIUD Report . CHAIRMAN FINANCE WATERFRONT DEVELOPMENT COMMITTEES BUDGET BURA civil_ SERVICE. CLAIMS RULES LEGISLATIVE ASSISTANTS MARTHA -ANN MURPHY KELLY M. KRUG RUSSELL C. WEAVER I would like to File the attached information for the next Common Council meeting to be held on April 14, 2009. Thank you. "'For the People' f(/ � tMEr�r °cy U.S. Department offlousing and Urban Development n� Il��l�r- �,����h I3«ffalo Office * M i ll 465 Main Street II `= Buffalo, New Fork 14203 -1780 o s� (716) 551 -5755 e 9 & AN UEVC-u0 Harch 11, 2009 "I'l�ie 1 Byron W. Brown Mayor, City of Buffalo City Hall - Room 201 65 Niagara Square Buffalo, NY 14202 -3376 Dear Mayor Brown: SUBJECT: Fiscal Year 2008 Monitoring -- Community Development Block Grant (CDBG) Program Phases 1 and 2, City of .Buffalo, New York The Community Planning and Development Division of f 1 UD has completed Phases One and Two of the subject program. The enclosed report details the results of this review and serves as a follow -up to issues discussed during the exit conference. "There are nineteen findings and two concerns. By definition, a finding is a condition that violates a statute and /or regulation. A concern is a situation that does not currently violate a statute /regulation, but might in the future, if the problem is not addressed. Items requiting corrective action must be responded to in writing within 30 days from the date of this letter or as stated in the report. Thank you for the cooperation extended by your staff during this and subsequent reviews. For further follow -up, or if we can be of assistance, please contact Ms. Cheryl Sullivan, CPD Representative at 716- 551 -5755 extension 5848 or or Ms. Nancy Peacock, CPD Director at 551 -5755 extension 5800. Sincerely, A/ Stej)hen T. R anko, Ill Steplleri T. Banko, Ill Field Office Director, 2CS cc: Brian Reilly, Commissioner - Carla Kosmerl, OSP +r cspanor.hud.gov U.S Department of Housing & Urban Development Buffalo, New York Office E N T /Y. 0 4 Q 3 A - A I Monitoring Report Community Deve!oment Block Grant Program for City of Buffalo, New York Monitoring Dates: Phase I - June 16 — July 2, 2008 Phase 2 - August 25 — September 11, 2008 Conducted by: Office of Community Planning & Development Buffalo, New York Office INTRODUCTION Monitoring is the principal means by which HUD ensures that programs and technical areas are carried out efficiently, effectively, and that the programs comply with applicable laws and regulations. It assists grantees in improving their performance, developing or increasing capacity and augmenting their management and technical skills. Also, it provides the means for staying abreast of the efficacy of CPD- administered programs and technical areas within the communities HUD programs serve. Monitoring is not limited to a one -time review but is meant to be an ongoing process that assesses the quality of a grantee's performance over a period of time involving continuous communication and evaluation. SCOPE OF REVIEW In determining which grantees will be monitored, the Department uses a risk -based approach to rate grantees, programs, and functions, including assessing the Department's exposure to fraud, waste and mismanagement. This process not only assists the Department in determining which grantees to monitor, but also identifies which programs and functions will be reviewed. As a result of HUD's risk analysis, it was determined that the City of Buffalo's CDBG program would be scheduled for monitoring. Additionally, based on inconsistencies in reporting information identified through IRIS and numerous questions that surfaced during the review of the City's 2008 -2012 Consolidated Plan submitted on March 17, 2008, it was determined that HUD would conduct an in -depth review of the CDBG program which would consist of a four phased approach occurring over multiple months. In lieu of providing a single report at the conclusion of all phases of monitoring, this report provides the City with conclusions of Phase I and 11 of HUD's review, which were conducted during the following timeframes: o Phase I - beginning June 16, 2008 and exit conference conducted August 25, 2008 o Phase 11- beginning August 25, 2008, and exit conference conducted on October 20, 2008. The monitoring team was comprised of HUD Community Planning and Development staff from the Buffalo Office and joined by representatives from HUD Headquarters staff during Phase II. SUMMARY OF RESULTS AND CONCLUSIONS Areas reviewed may result in the identification of findings, concerns or exemplary practices. A finding is identified as a deficiency in program performance based on a statutory, regulatory or program requirement. It is a condition that is not in compliance with a statute, regulation or handbook. A concern is a deficiency in performance that is not based on a regulatory or statutory requirement but is brought to the grantee's attention. This report contains nineteen findings and two concerns. Findings identified and the basis for HUD conclusions is discussed in this report. In summary, it was noted that there is a commonality that exists among all findings identified centering on a deficiencies in the overall CDBG program management. This was evidenced by the City's lack of centralized accountability for oversight that is p supported by an identifiable organizational structure and written policies and procedures to assess compliance and progress as set forth in 24 CFR 570. This monitoring was carried out in accordance with HUD Handbook 6509.5 Rev. 2 and utilized exhibits contained in the handbook as the guide to review the City's overall compliance with the CDBG program. Your HUD representative is available to further discuss the results of this monitoring report or provide technical assistance, if requested. If you disagree with any of HUD's determinations or conclusion regarding this monitoring report, please address these issues in writing to this Department within 45 days of this report. Your written communication should explain your reasons why you disagree along with supporting evidence and documentation. Such communications should be forwarded to Nancy A. Peacock, Field Director for Community Planning and Development at the address listed below: Department of Housing and Urban Development, Buffalo Office Community Planning and Development Division 465 Main Street, 2 "' Floor Buffalo, New York 14203 AREAS REVIEWED This section of the report summarizes the areas of the CDBG program that were reviewed during Phases I and II that resulted in findings and concerns. A more detailed explanation of these findings and concerns including the required corrective actions that must be taken by the City is detailed in Appendix A and B of this report. I. Area Monitored: CDBG Program Management This area reviewed the City's compliance and responsibilities for the overall management and oversight of the CDBG program, taking into consideration program controls that the City has in place along with administrative oversight to ensure accountability and compliance with program requirements. This resulted in the identification of the following findings: Program Controls o Finding Number One - The City has not demonstrated or has in place overall management systems to ensure oversight, compliance and progress of the CDBG program as set forth in 24 CFR Part 570. o Finding Number Two - CDBG program records are not being maintained in a manner that allows for adequate reporting and compliance with program requirements. Program Administration o Finding Number Three - Duties and responsibilities of CDBG program staff are not clearly defined or supported by an organizational structure that would provide programmatic oversight and compliance in carrying out administrative grant requirements for local governments as set forth in 24 CFR Part 85. Pa 1 IL Area Monitored: Financial Management This area was monitored to determine the City's conformity to financial management requirements as prescribed by the requirements of the CDBG program as defined in 24 CFR Part 574, as well as financial and accounting requirements and grantee's responsibilities in the administration of federal grants as defined by OMB Circular A -133 and 24 CFR Part 85. o Finding Number Four — The City lacks financial management oversight of CDBG obligations and expenditures. o Finding Number Five — CDBG funds are being misused for salaries that are appropriated under other Federal and non - federal programs. o Finding Number Six - Questionable staff costs were charged to the CDBG program in the amount of $392,025.19 based on an outdated Indirect Cost Allocation Plan. o Finding Number Seven - Program income generated by the CDBG program is not being recorded and used prior to any additional draws from Treasury. o Finding Number Eight -- Employees responsible for the handling of CDBG program funds do not have Fidelity Bond Coverage. a Finding Number Nine — Ineligible costs were charged for activities identified as Public ^ ,ng ......,....._. Services in the amount of $29,416.67. III. Area Monitored: Consolidated Plan This portion of the monitoring evaluated the City's compliance with the Consolidated Plan requirements at 24 CFR Part 91. The areas reviewed included the development of the consolidated plan, plan progress, lead -based paint hazards, certifications and performance. o Finding Number Ten — The City did not demonstrate that it carried out required consultations as part of the Consolidated Plan process. o Finding Number Eleven — Lack of clear plan and documented action to encourage public housing residents to become more involved in management and homeownership opportunities. o Concern Number One - Dilution of effort. Investments have not been consistent with the geographic targeting and priorities identified in the Consolidated Plan/Annual Action Plan. Program design permits city -wide use of funds with too many target areas to measure effectiveness /impact. IV. Area Monitored - Citizen Participation This area of monitoring reviewed the City's compliance with the Citizen Participation Plan requirements per the Consolidated Plan regulations in 24 CFR Part 91, Subpart B, o Findin Number Twelve - The Citizen Participation Plan lacks transparency for the participation of citizens and City partners to engage in the consolidated planning process. 3 V. Area Monitored - Sub-recipient Mana ement This area of the monitoring was to determine the extent to which the City is adequately managing subrecipient/CBDO performance. Regulations in 24 CFR 570.501 - 543 and 24 CFR 85.40 require the City to monitor the day to day operations of subrecipient activities for compliance with applicable Federal requirements, as well as to assess performance goal achievements. o Findin Number Thirteen — The City lacks an overall management system to oversee subrecipients and ensure compliance with CDBG program requirements as set forth in 24 CFR 570. o Findin Number Fourteen - The City has failed to retrieve program income and secure CDBG assets from expired NHS subrecipient agreements. VI. Area Monitored - Spot Slum and Blight Activities This area of monitoring reviewed the City's compliance in carrying out activities that were classified as spot slum and blight. o Finding Number Fifteen - Costs in the amount of $1,425,607.99 for city wide demolitions are unsupported. VII. Area Monitored - Area Slum and Blight Activities This area was reviewed to determine if the City is carrying out activities classified as area slum and blight which are in compliance with CDBG requirements. o Findin2 Number Sixteen - Questionable Acquisition/Disposition costs were charged to the CDBG program in the amount of $1,107,530.36. o Finding Number Seventeen - Questioned eligibility of Livable Community Initiatives carried out by the City in the amount of $2,609,938.69. VIIL Area Monitored - Labor Standards This area was reviewed to determine the applicability of wage requirements to CDBG program activities and if the City was in compliance. o Finding Number Eighteen - The City did not provide evidence that employee interviews were conducted on covered projects. o Finding-Number Nineteen — Semi Annual Labor Standards Enforcement reports are not submitted. o Concern Number Two ---- The position of Labor Standards Compliance Officer is vacant. 11 IX. Area Monitored - Environmental Review This area was reviewed to determine the City's environmental requirements in carrying out CDBG activities as set forth in 24 CFR 58. o No findings or concerns were identified 5 APPENDIX A Conclusions and Findings Community Development dock Grant Program Section I. CDBG Program Management Reference: 24 CFR Part 570,24 CFR Part 85, OMB Circular A -133, HUD Monitoring Handbook 6509.5 Rev. 2, Exhibit 3 -17, Guide for Review of Overall Management — CDBG Summary: 3 Findings Scope: This portion of the monitoring took into consideration overall program management and grant administration which included: management operations and oversight, as well as management systems, policies and procedures that are necessary to assure compliance with the CDBG program requirements and the grantee's responsibilities for the management of the CDBG program and funds. Overview: This monitoring revealed that the Buffalo Urban Renewal Agency (BURA) serves as the City's designated entity for the administration of the CDBG program. As indicated in both the City's Consolidated Plan submitted for the period FY 2008 — 2012 and the City Charter, assistance and coordination of this program is provided by the Office of Strategic Planning (OSP) with the Director, OSP as the primary contact. Specific activities funded by the CDBG program are carried out by various City Departments, sub - recipients or contractors. Taking this into consideration, the systems and procedures of BURA, OSP and City Departments responsible for the administration of the CDBG program and its activities were monitored as part of HUD's review. The City's management of its sub- recipients was conducted during Phase II and is addressed later in this report under Section V "Sub recipient Management ". PROGRAM CONTROLS Finding Number One - The City has not demonstrated or has in place overall management systems to ensure oversight, compliance and progress of the CDBG program as set forth in 24 CFR Part 570. Internal control systems for the CDBG program were evidenced by a City memorandum which was validated by an independent auditor (Conway Porter) on September 6, 2006. This memorandum identifies the framework for BURA's overall systems and controls. However, specific operational procedures to ensure CDBG program compliance are not identified in this document. Based Condition on interviews and information obtained from the City during monitoring, an overall management system did not exist to carry out the CDBG program. Activities carried out under the CDBG program are performed by various City departments or subrecipients. The level and quality of operational procedures to carry out these activities varied depending on the entity responsible for carrying out an activity. In other instances, op erational procedures tended to be inform 6 p..r with no written policies or procedures to guide the process and ensure compliance. The recipient is responsible for ensuring that CDBG funds are used in accordance with all programs requirements as outlined in 24 CFR 57'0.501 (b) and CDBG recipients are responsible for ensuring that it is compliant with Other Criteria Program requirements as identified in 24 CFR Subpart K 570.600 through 570.614. and CDBG grantees are responsible for adhering to uniform administrative requirements as defined in 24 CFR 570.502 and 24 CFR 85. Procedures exist in various guides, draft memoranda or informal procedures which are not consistent and are driven by individual departments or activities rather than overarching policies that provide for consistency in carrying out program activities. An overall management system to ensure adequate CDBG program oversight was not identified during HUD's review. Although the City Cause has management reporting systems in place such as CitiStat, this system does not appear to correspond with the required CDBG reporting systems such as IDIS. There is lack of oversight in IDIS reporting. It appears that information in IDIS is not entered on a routine basis, nor is there management review and oversight of this system to ensure accuracy or consistency with City - managed reporting system The lack of overall management systems has resulted in inconsistent application of CDBG program activities and oversight which has affected the City's ability to ensure compliance with CDBG program requirements. This is compounded by the lack of oversight and management review of data and reporting in IDIS. Effect IDIS reports over the last five year period evidence slow or poor program progress in meeting the City's goals and objectives when compared to its five year Consolidated Plan. Five year reporting goals and accomplishments were discussed with City Representatives at the entrance conference with copies of such reports rovided by HUD during the onsite review. The City is required to develop and implement a management system that: • supports the requirements of the CDBG program, • establishes oversight of the program, • provides consistency in the application of program requirements amongst various departments and subrecipients responsible for carrying out activities, Corrective w protects financial assets, Action • addresses other program requirements as identified in 24 CFR, Subpart K, • utilizes required HUD reporting systems, and 0 routinely assesses program progress. Such management procedures should be in the form of written policies and procedures and are supported and in conformance with required HUD reporting s stems and submitted to this office within 60 days, p..r C Finding Number Two -- CDBG records are not being maintained in a manner that allows for �� adequate reporting and compliance with program requirements. Condition In HUD's letter of May 16, 2008, notifying the City of onsite monitoring, records and files were requested prior to the monitoring, as well as while HUD reviewers were on site. HUD reviewers found that records were maintained in an inconsistent manner and the quality and level of detail ranged from program files that were fully documented and compliant with a national objective which supported an eligible activity to no records or documentation for activities funded such as City -wide demolitions. In cases of absent City staff during the on -site portion of HUD's review, records were not made readily available. In several instances access and maintenance of project files was limited to key personnel. Reviewers observed that there was a lack of understanding or availability of records to personnel who by the nature of their position would routinely be involved in carr in out these activities and projects daily. Criteria 24 CFR 570.506 -- Records to Be Maintained Cause Although the city has management reporting systems in place such as CitiStat, this system does not appear to correspond with the required CDBG reporting systems such as IDIS. There is lack of oversight of IDIS reporting. It appears that information in IDIS is not entered on a routine basis, nor is there management review and oversight of this system. to ensure accuracy and if data relates to any Cit -mana ed systems. Effect The lack or unavailability of records results in unsupported activities or questioned costs that affect the City's ability to comply with CDBG regulatory requirements. Corrective The City is required to: Action 1. Develop consistent written procedures for program activities in accordance with 24 CFR 570.506. a.) Documentation should be submitted to HUD within 60 days that should include written procedures and how the City will ensure that such guidelines will be implemented and followed. 2. Review current records from 2004 to present and bring into compliance any project files found to be deficient b.) Provide evidence to HUD within 90 days that all current activity files have been brought into compliance and completed activities for the period 2004 to present. PROGRAM ADMINISTRATION Finding Number Three - Duties and responsibilities of CDBG program staff are not clearly defined or supported by an organizational structure that would provide programmatic oversight and compliance in carrying its responsibilities for grant administration for local governments as set forth in 24 CFR Part 85. Condition The City is not operating within the structure that it set forth in its internal control memoranda, City Charter and the organizational structure it identified in the 2008 Consolidated Plan to administer the CDBG program. The Director of d" I`1) Strategic Planning is identified by the City as the Primary Contact for CDBG. This position has been vacant since April 2008. In May 2008, a letter from the Mayor identified the Commissioner of Economic Development, Permits and Inspections as the primary contact for correspondence between the City and HUD. The current organizational structure is unclear and does not conform to the framework previously established by the City. CDBG program responsibilities are not clearly defined with specific delegated authorities and responsibilities along with checks and balances that are not in place to assure compliance. The roles and responsibilities were not clearly defined for all personnel charged to the CDBG program. A review of the Integrated Disbursements and Information System (IDIS) indicated that the City was reporting charges that were within; the 20 percent program limitation for administration. A further review of the City's payroll records and TOM system confirmed that approximately 80 staff persons are charging 100 percent or a portion of wages to the CDBG funds. Personnel costs included those being charged to program delivery and administration. Program delivery costs may be considered eligible under the CDBG program, however, documentation was not provided to demonstrate that the roles and responsibilities of these positions su pported the delivery of the CDBG program Criteria 24 CFR Part 85 — Administrative Requirements for Grants and 24 CFR 85.20(b)(5) Allowable Cost and CFR 85.22 Cause The City is not complying with the organizational structure and program oversi ht it has identified. Effect The lack of a clearly defined organizational structure with delegations of authority and responsibilities has resulted in a lack of oversight, checks and balances and the City's ability to ensure regulatory program compliance. The analysis of personnel costs and lack of clarity of staff responsibilities leads HUD to conclude that the City is incurring a high ratio of soft costs (salaries) to direct benefit costs in the CDBG Program. Such analysis has identified that less than 50 percent of every CDBG dollar spent results in projects that directly benefit low- and moderate - income residents. Corrective The City is required to: Action 1. Develop and implement a management and staffing plan that establishes clear lines of authority and responsibility for all staff involved with the general management, oversight and coordination: a.) Identify all positions and staff funded by the CDBG by position and name. b.) Ensure position descriptions are developed and maintained for all positions funded by CDBG. c.) Develop and implement a plan for training of staff to address any skill gaps and a clear understanding of roles and responsibilities in the organization. d.) Provide documented evidence of these actions to HUD within 90 days of this report. d" I`1) r� 2. Review and analyze program delivery costs to ensure cost reasonableness in accordance with 24 CFR 85 and establish administrative and program delivery costs that are reasonable to the activity or project. a.) Provide HUD with actions the City has taken to address the reasonableness of costs in carrying out the CDBG program within 60 clays of this report. Section 11 - Financial Management Reference: 24 CFR Part 570,24 CFR Part 85, OMB Circular A -133, HUD Monitoring Handbook 6509.5 Rev. 2, Exhibit 3 -18, Guide for Review of Financial Management — CDBG Summary: 6 Findings Scope: This area was monitored to determine the City's conformity to financial management requirements as prescribed by the requirements of the CDBG program as defined in 24 CFR Part 570, as well as financial and accounting requirements and grantee's responsibilities in the administration of federal grants as defined by OMB Circular A -133 and 24 CFR Part 85. Overview: The Community Development Block Grant Program is administered by the Buffalo Urban Renewal Agency (BURA) for the City of Buffalo. Although considered a "division" of the City and audited as part of the City's audit, BURR maintains an independent financial management system which is referred to as The Office Manager (TOM). The financial management of the CDBG program is supported by parallel accounting systems which consist of TOM and HUD's Integrated Disbursement and Information System. Therefore, the review focused on BURA's oversight and maintenance of such systems and the ability to ensure financial compliance of the CDBG program. Finding Number Four --- The City lacks financial management oversight of CDBG obligations and expenditures. Condition BURA uses a computerized system called TOM (The Office Manager) to record CDBG accounting transactions. This system allows for the recording of obligations, expenditures and remaining balances of all contracts awarded. As a contract is awarded, it is entered into the TOM system as a separate line item and identified by the program year funded. BURA personnel are responsible for data entry into the TOM system. However, all information on CDBG expenditures is to be entered into HUD's Integrated Disbursement and Information System (IDIS). IRIS data is entered by Office of Strategic Planning personnel. When HUD reviewers performed a parallel review of TOM and IDIS systems, discrepancies in obligations were identified. Specifically, contract obligations in the two systems did not match and a majority of contracts recorded in IDIS were below the funding level approved by the City and recorded in the TOM system. Criteria 24 CFR 570.502(a)(4) Standards for Financial Management Systems and, 24 CFR 85.20 b) of the Regulations which states that financial reporting by a 10 Finding Number Five - CDBG funds are being misused for salaries that are appropriated ender other Federal or non - federal programs Condition grantee must be accurate, current, and have complete disclosure of the financially assisted activities. Cause The City is using parallel systems, consisting of TOM and IDIS, for accounting and recording of obligations. These systems are being maintained by personnel from two separate organizations, BURA and Office of Strategic Planning. The two systems are not being reconciled to identify and resolve discrepancies. Effect The effect of the lack of financial management oversight between the reporting systems maintained by BURA and OSP through TOM and IDIS has resulted in inaccurate reporting of obligations and potential misuse of funds. Corrective The City is required to: Action 1) Conduct a review of all CDBG expenditures in TOM and IDIS Criteria for program years 2004 to date. This includes: a.) Correcting any inconsistencies identified. All CDBG obligations and expenditures for this period should be consistent b.) Report the results to HUD within 60 days of this report 2) Develop and implement a system, that includes procedures that account for oversight and compliance of financial management and responsibility for accurate recording and disbursement of CDBG funds a.) Identify and assign staff responsibilities b.) Provide evidence to HUD within 60 days of this report as to actions taken. Finding Number Five - CDBG funds are being misused for salaries that are appropriated ender other Federal or non - federal programs Condition A Cost Allocation system is maintained by the City which requires all BURA and City employees working on. the CDBG program to maintain bi- weekly Cost AIlocation Reports (timesheets). This Cost Allocation system tracks time spent on the various programs and by types of activities an employee is working on. BURA is drawing down approximately $120,000 on a bi- weekly basis from CDBG funds to pay for salary costs that include personnel working on CDBG and other Federal programs which include HOME and ESG, as well as non- federal programs that include City operations. Salary costs for programs other than CDBG are ineligible expenditures under the CDBG program. Periodic salary reimbursements are made. It is unclear if all ineligible expenditures were returned to the CDBG line of credit. Criteria 24 CFR 570.206 Program Administrative Costs 24 CFR 570.201 - 204 --- Eligible Costs 24 CFR 570.502 (a)(4) — Standards for Financial Management Systems and 24 CFR 85.20 (b) of the Regulations states that financial management systems 11 Finding Number Six - Questionable staff costs were charged to the CDBG program in the amount of $392,025.19 based on an outdated Indirect Cost Allocation Plan Condition must be accurate and current. Cause Interviews with BURA personnel identified that staff is completing time reports that indicate the number of hours worked and programs to be charged. Due to time constraints, staff is being paid from CDBG funds regardless of the program worked and then funds are returned on an irregular basis to the Criteria CDBG program. BURA has failed to follow proper management practices for allocating time on a regular basis and charging salaries under funds a pprqpriatcd. Effect Failure to allocate personnel charges on a timely basis has resulted in inaccurate reporting and misuse of CDBG funds. Corrective The City is required to: Action 1. Immediately cease disbursing salaries that are not eligible under the CDBG program. 2. Review payroll records and charges for 2004 to present to determine appropriate charges. a.) Provide a reconciliation report to HUD within 60 days of this Effect report 3. Develop and implement a system to ensure that time charges are Corrective allocated properly and funds are appropriated from the program area worked. a.) Provide documentation of the procedures that the City instituted to ensure proper reporting of time and eligibility of CDBG expenses for staff salaries within 60 days of this report. Finding Number Six - Questionable staff costs were charged to the CDBG program in the amount of $392,025.19 based on an outdated Indirect Cost Allocation Plan Condition Staff costs are being charged to the CDBG program using an Indirect Cost Allocation Plan approved in 1994. During the period 2004 to 2007, indirect costs in the amount of $392,025.19 were paid from the CDBG program to supplement City salary costs for general paid leave categories. This deficiency was identified based on interviews withfity staff. Criteria OMB Circular A -137, Cost Principles for State, Local, and Indian Tribal Governments, Attachment C, D.2 requires that Indirect Cost Allocation Plans are submitted to the cognizant agency annually. This plan must be approved prior to charging any indirect costs to the program. In addition, the Circular describes indirect costs as costs not readily assignable to a specific costs objective. Cause BURA has not updated their Indirect Cost Allocation Plan as described in OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal Governments, Attachment C, D.2. The City does not have internal control systems in place that ensure the yearly submission of an Indirect Cost Allocation Plan for approval. Effect Costs are being charged to the CDBG program that have not been substantiated and are allocated using an old Indirect Cost Allocation Plan. Corrective The City is required to: 12 Action 1. Immediately cease charging expenses against indirect costs. 2. Reimburse the CDBG program in the amount of $392,025.19 with non - federal funds for the period in question. a.) Provide evidence of this reimbursement within 60 days of this report. 3. Review and identify any additional expenditures that have been made since 2007 and reimburse the CDBG program. a.) Provide evidence of reconciliation of expenses for the period 2007 to date and reimbursement of funds within 60 days of this report. 4. If the City desires to utilize an Indirect Cost Allocation Plan, the plan must be submitted to HUD for approval. Finding Number Seven - Program income generated by the CDBG program is not being recorded and used prior to any additional draws from Treasury. Condition CDBG program regulations stipulate that program income is to be used prior to any additional draws from Treasury. As of April 30, 2008, the City maintained a program income balance of $323,926.21. Program income recorded in Program Years 2004 through 2007 was reviewed during the monitoring. HUD reviewers noted that program income receipts were entered into IDIS on an irregular basis. Specifically, receipts were recorded in IDIS in March 2007, April 2007, and June 2007 with the next entry April 2008. Based on the City's records, HUD reviewers were unable to reconcile the amount of program income reported in IDIS with the amount reported in the City's account. Criteria Part 570.504(b) of the Regulations states that program income shall be substantially disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. If BURR is not recording the receipt of program income in IDIS, they cannot show that that income is being disbursed prior to drawing funds from the U.S. Treasury. Cause BURA has failed to follow procedures to enter the income in IDIS due to a lack of management oversight and procedures to ensure compliance. Effect Program Income is not being disbursed prior to drawing Treasury funds. Treasury funds are being depleted in advance because BURR is not using funds on hand first. Corrective The City is required to: Action 1. Provide documentation for the amount of program income recorded in IDIS for program years 2004 -2007 or any program income that was not recorded. 2. Develop and implement procedures to record program income in IDIS at least on a quarterly basis. a.) Documentation and procedures must be submitted to this Office 30 days from the date of this letter. 3. Going forward all program income must be recorded and substantially disbursed before additional cash withdrawals are made from the U.S. 13 Treasury. Finding Number ,Ei2ht Employees responsible for the handling of CDBG program funds do not have Fidelity Bond Coverage. Condition BURR employees handling program funds do not have any Fidelity Bond Condition coverage. Criteria GAO and HUD guidelines require that grantees maintain effective control of funds. Cause BURA was not aware that employee bondin was necessary. Effect The lack of Fidelity Bond coverage would result in Federal funds not being Cause safeguarded from theft. Corrective The City is required to: Action 1. Secure Fidelity Bonding for employees handling federal funds that is Corrective commensurate with fiscal responsibilities. Action 2. Provide documentation to the HUD Buffalo office that this has been completed within 30 days of this report. Finding Number Nine - Ineligible costs were charged for activities identified as Public Services in the amount of $29,416.67. Section 111. Consolidated Plan Reference: 24 CFR Part 91, HUD Monitoring Handbook 6.509.5 Rev. 2, Exhibit 20 -1, Guide for Review of Consolidated Plan Summary: 1 Finding She: This portion of the monitoring evaluated the City's compliance with the Consolidated Plan requirements in 24 CFR Part 91. The areas reviewed included the development of the Consolidated Plan, plan progress, lead -based paint hazards, certifications and performance. Overview: The City is required to develop a Consolidated Plan for a three- to five -year plan period that identifies local needs, priorities and set goals using both federal funds and leveraged 14 In reviewing program records, the City determined that for Fiscal Year 2005 Condition IDIS #5815 activity for "Anti- Flipping" was an eligible activity for public services. No program beneficiaries were documented. The file documentation did not suppo rt this as an eligible public service activity. Criteria 24 CFR 570.205 — Eligible Costs 24 CFR 570.506 - Records Cause The City classified this activit as an eligible public service. Effect This results in the ineligibility of this activity. The City is required to: Corrective 1. Repay ineligible expenses in the amount of $29,416.67. Action 2. This repayment should be made to the CDBG program from non - federal funds within fourt -five days. Section 111. Consolidated Plan Reference: 24 CFR Part 91, HUD Monitoring Handbook 6.509.5 Rev. 2, Exhibit 20 -1, Guide for Review of Consolidated Plan Summary: 1 Finding She: This portion of the monitoring evaluated the City's compliance with the Consolidated Plan requirements in 24 CFR Part 91. The areas reviewed included the development of the Consolidated Plan, plan progress, lead -based paint hazards, certifications and performance. Overview: The City is required to develop a Consolidated Plan for a three- to five -year plan period that identifies local needs, priorities and set goals using both federal funds and leveraged 14 i� • 1 t/ funds (private, local, state and federal) in a collaborative manner. The Plan should provide the guidance for funding decisions and outline programming that meets the locally established needs, Each year the City must submit to HUD an Annual Action Plan that updates this five - year document and outlines the spending plan for the coming year. The Consolidated Planning process also includes an annual report to both HUD and the citizens on the accomplishments and progress made each year. The planning process by HUD requirement is intended to be accomplished in collaboration with citizens, constituents of the federal funding and must meet a number of important federal requirements. During the past five years, Buffalo has submitted its Consolidated and Annual Action Plan on a timely basis. However the monitoring review and grants management process has identified areas that must be unproved. Finding Number Ten - The City did not demonstrate that it carried out required consultations as part of the Consolidated Plan process IN The City did not provide evidence of required consultations as required by regulation with the following entities: ■ health services /agencies Condition ■ services focusing on children and child welfare agencies (i.e. ECDSS) ■ services focused on elderly persons ■ services focused on persons with disabilities ■ adjacent units of local government ■ public housing agencies Criteria 24 CFR 91.100 — Consultations in p reparing Consolidated Plans Cause The Staff did not keep records of meetings with partner organizations during the year and /or the City did not consult with all re uired rou s. The City is unable to verify that the plan reflects issues and data from Effect representatives of key stakeholders in the community and therefore may not be as comprehensive as required by HUD regulations. The City is required to: 1. Conduct future consultations that include entities identified under 24 CFR 91.100. 2• Ensure that the consultation process in the Citizen Participation Plan Corrective identifies how the City will conduct consultations and identify the Action various groups, organizations, adjacent governments, etc. that will be included. a.) Within 60 days identify the actions taken to include partners and changes made to the Citizen Participation PIan. IN ) Iil Finding Number Eleven -- Lack of clear plan and documented action to encourage public housiniz residents to become more involved in management and homeownership opportunities. Concern Number One - Dilution of effort. Investments have not been consistent with the geographic targeting and priorities identified in the Consolidated Plan /Annual Action Plan. Program design permits city -wide use of funds with too many target areas to measure effectiveness /impact. The City has not articulated in the Consolidated Plan or Annual Action Plan how public housing residents are being encouraged to become more involved Condition in public housing management and participating in homeownership Condition opportunities. The City's CAPER did not report on actions taken in this regard. 24 CFR 91.220 (h) addresses actions that the City plans to take during the next Criteria year to address the needs of public housing and actions to encourage public Cause housing residents to become more involved in homeownership opportunities. Cause This information has not been coordinated between the BMHA plan and reports and the City's Consolidated Plan. Effect The HUD reviewers were unable to determine if this requirement has been Effect satisfied. The residents of public housing may not have been encouraged to participate more fully in management of facilities and been fully apprised of homeownership op ortunities. The City is required to: 1. Establish what actions have been taken to encourage BMHA residents regarding management and homeownership. Corrective a.) Provide within 60 days to HUD the actions that the City has Action(s) taken. 2. These steps must be reported to HUD as a supplement to the City's performance report (CAPER) within 45 days of this report. 3. The City's next Annual Action Plan should include goals and planned activities to satisfy this requirement. Concern Number One - Dilution of effort. Investments have not been consistent with the geographic targeting and priorities identified in the Consolidated Plan /Annual Action Plan. Program design permits city -wide use of funds with too many target areas to measure effectiveness /impact. 16 The City has established 13 geographic areas (Livable Communities) that are stated priorities for revitalization. The Plan indicates that funds will be targeted to these areas. It is not clear after several years of this approach that Condition efforts have been effective or that funds have been significantly targeted to the Livable Communities zones with identifiable outcomes. Further, the City identified various other "targeted" areas for programming that may or may not overly with the Livable Communities. Cause The City has determined that it will address the needs in areas id entified. The effect is a dilution of efforts. Funds are largely spent on city -wide efforts and soft costs leaving less to actually be targeted for neighborhood Effect revitalization. Too many competing target areas and different programs result in reduced im act and limited ability to effect real change. ........_ ... 16 The City should: 1. Re- evaluate its strategy for targeting resources that will maximize the impact on the overall community and the neighborhoods identified to be assisted. a.) Advise HUD within 60 days of the action that the City has taken to adhere to compliance. Section IV. Citizen Participation Reference: 24 CFR Part 91, HUD Monitoring Handbook Exhibit 19 -1 Guide for Review of Citizen Participation Summary: 1 Finding Scope. This area of monitoring reviewed the City's compliance with the Citizen Participation Plan requirements per the Consolidated Plan regulations in 24 CFR Part 91, Subpart B. Overview: The Citizen Participation Plan serves to develop and implement an inclusive participatory process in the identification of goals and needs that are incorporated into a community's Consolidated Plan. Finding Number Twelve - The Citizen Participation Plan lacks transparency for the participation of citizens and City partners to engage in the consolidated planning process. 17 The City originally adopted a Citizen Participation Plan in 1995. The Plan has been periodically changed. Amendments to the Plan have been made. However, the City did not follow its process or is not in compliance with Condition amending the Citizen Participation (CP) Plan. Various versions of the CP plan have been provided to HUD which are not consistent with that identified in the Consolidated Plan. The CP Plan does not appear to be readily available to citizens and there is a lack of understanding and trans ar ncy as to the u ose and requirements of the plan. Criteria 24 CFR91 Subpart B — Citizen Participation and Consultation Citizen Participation Plans have been imbedded into the City's Consolidated Cause Planning process and has not been managed separately during the previous Consolidated Plan periods. Citizens and partners cannot fully engage in the Consolidated Planning Effect process if the Citizen Participation is not clear, understandable and accessible. The City is required to: 1.) Review the current Citizen Participation Plan and ensure compliance Corrective with regulatory requirements found in 24 CFR Part 91. Action 2.) Identify what actions the City will need to take to ensure compliance and engage target groups for participation and make the process more transparent to stakeholders. a.) Provide to HUD within 60 days the actions the City plans to 17 take to ensure compliance with Citizen Participation Plan I { requirements and timelines for implementation. Section VI. Sub recipient Management Reference: 24 CFR Part 570,24 CFR Part 85, OMB Circular A -133, HUD Monitoring Handbook 6509.5 Rev. 2, Exhibit 3 -16, Guide for Review of Subrecipient Management — CDBG Summary: 2 Findings Scope: This area of the monitoring was to determine the extent to which the City is adequately managing subrecipient/CBDO performance. Regulations at 24 CFR 570.501- 503 and 24 CFR 85.40 require the City to monitor the day to day operations of subrecipient activities for compliance with applicable Federal requirements, as well as to assess performance goal achievements. The review covered program years 2005 to present. This review did not include compliance of activities carried out by subrecipient. Compliance of activities will be reviewed during Phases III and IV of HUD's review. Overview: The City carries out the fall range of CDBG activities which include; housing, economic development, public services and public facilities. It accomplishes these activities through the use of in -house staff charged to the CDBG program and also through the use of subrecipients. The City as the grantee is responsible for the overall oversight and management of such activities regardless of the method that is used to carry out its activities and projects. HUD reviewers concluded that the current operating structure and responsibility for day to day management of CDBG activities was as follows: Housing Programs — BURA Housing Department Public Service Programs — City Department of Community Services and Recreation Economic Development Programs — BERC Financial Management — City Office of Strategic Planning/Financial Control of Agencies Each area appeared to have documents in place for the specific activities that it was responsible. However, the level and quality of subrecipient management, written guidelines, monitoring and follow -up varied. Additionally, HUD reviewers did not find an overall system for the management of the City's sub recipients that would provide for consistent administration and implementation among the various City Departments that use sub recipients to carry out its activities. Additionally, HUD selected a sample of subrecipient organizations representing various uses of funds and types of organizations to review. The sample included: ■ Matt Urban Human Services Center — a neighborhood based community organization providing both housing and public services programs to Buffalo's east side. a Belmont Shelter — the City's primary housing rehabilitation program facilitator. 18 ■ Buffalo Economic Renaissance Corp (BERC) - an economic development agency a� providing training, grants and loans to small businesses. BERC serves as the City's sole economic development subrecipient. ■ Erie Regional Housing Authority — a community center providing public services to Buffalo's lower west side. ■ South Buffalo Community Association — a community center providing public services to South Buffalo. CDBG programs focus on services to the elderly. Findina Number Thirteen — The City lacks an overall management system to oversee and ensure compliance of subrecipients in carrying out CDBG program activities as set forth in 24 CFR 570. 19 Various City departments that carry out CDBG activities through the use of subrecipients have developed and implemented procedures for the management of subrecipients. The quality and level of procedures varies along with adherence to the procedures each Department has developed. The Conditions City had previously identified that the Office of Strategic Planning maintained responsibility for the day to day operations of the CDBG program with reporting responsibilities to BURR. However, HUD did not find that OSP has an overall management system in place with policies and procedures that allows for consistency and the ability to maintain adequate oversight of CDBG subrecipients. 24 CFR 570.501 (b) - Reponsibility for grant administration and the use of subrecipients and applicable sections to meet subrecipient compliance under Criteria 24 CFR 570 and 24 CFR 85 — Administative Requirements for grants The City does not have an overall management system in place to oversee the management of its subrecipients. This is further compounded by a lack of Cause clarity as to who maintains such responsibilities, since the City is currently working outside of the organizational framework it identified for the administration of the CDBG p The lack of overall management systems and procedures for subrecipients has Effect resulted in inconsistent application of requirements by various City departments, delays in processing and potential non - compliance of regulatory require ents. The City is required to: 1. Develop and implement overall policies and procedures for subrecipient management that are in conformance with CDBG program requirements as well as 24 CFR fart 85 for grant administration and Corrective applicable OMB circulars and audit requirements. HUD has established Action for your use CDBG subrecipient management guides and tools for use in developing the City procedures which are available on HUD's website. 2. Review subrecipient agreements that are in effect and if identified revise to conform with regulatory compliance and City requirements. 3. Identify and establish accountability and oversight for overall 19 subrecipient management with the City's organizational structure. 4. Provide training to City staff and subrecipients who are responsible for carrying out CDBG activities. 5. Actions identified above should be completed within 90 days of this report. Findinj,!_Numb,er Fourteen - The City has failed to retrieve program income and secure CDBG assets generated from expired NHS sub recipient agreements. Condition The City funded five Neighborhood Housing Service (NHS) organizations in 1977, 1982 and 1985 with CDBG dollars for a high risk housing rehabilitation revolving loan program. The only current activity of these revolving loan funds is the repayment of loans. No new loan activity has taken place since 2000. The following chart is a summary of the funding as per a March 1, 1988 FCA report: In 2000, the City suspended the funds and did not renew the contracts with the NHSs. However, the funds and outstanding loans did not revert back to the City as stipulated in the contract between the City and the NHS. All liens and loan agreements are still in the name of the NHS. The City has not taken any actions to resolve this situation nor provided direction to the NHSs on the administration of these funds. Based on the review of documents provided, program income reporting and interviews with the organizations, it was determined that new loans have not been made in the past eight years, but that collections on previous loans have continued. The revenue from the loans is considered CDBG Program Income. Listed below is the approximate amount of funds in the revolving loan accounts provided to the reviewer by each NHS Executive Director during the interview phase: Black $12,300 $98,900 1 7/31/08 Rock/Riverside illmore I undetermined undetermined 1 undetermined rt 6. l/ 20 TOTAL: 11HS APPROPRIATED Black Rock - Riverside $259,305.33 Broadwa - Fillmore $434,649.17 Kensington-Bailey $259,305.33 South Buffalo $190,563.36 West Side $493,862.78 In 2000, the City suspended the funds and did not renew the contracts with the NHSs. However, the funds and outstanding loans did not revert back to the City as stipulated in the contract between the City and the NHS. All liens and loan agreements are still in the name of the NHS. The City has not taken any actions to resolve this situation nor provided direction to the NHSs on the administration of these funds. Based on the review of documents provided, program income reporting and interviews with the organizations, it was determined that new loans have not been made in the past eight years, but that collections on previous loans have continued. The revenue from the loans is considered CDBG Program Income. Listed below is the approximate amount of funds in the revolving loan accounts provided to the reviewer by each NHS Executive Director during the interview phase: Black $12,300 $98,900 1 7/31/08 Rock/Riverside illmore I undetermined undetermined 1 undetermined rt 6. l/ 20 ; (.Y 21 Kensington/Bailey Kensington/Bailey $80,000 $172,800 Current South Buffalo $124,000 $226,300 8/31/07 West Side $24,400 $110,000 7/31/08 TOTAL $240,700 $608,000 Criteria 24 CFR 570.501(b) - Responsibility for Grant Administration; 24 CFR 570.503(x)(3) - Agreements with Sub - Recipients, Program Income; 24 CFR 570.504(c) - Program Income, Disposition of Program Income Received b Sub-Reci pients Cause The City has failed to enforce the agreements or follow their own procedures to revert funds remaining in the five NHS contracts. No action was taken by the City to apply the close -out provisions specified in the contract which stated that the funds on hand will be returned to FCA and that loans, promissory notes, mortgages, etc, will be assigned to the City. The City has not renewed or extended the agreements for the revolving loan funds. Finally, the City has not properly monitored these subreci ients. Effect CDBG funds are not being properly utilized for the intended purpose and have not been reported to HUD. The fiends are deposited in bank accounts that are idle. The exception is Broadway /Fillmore NHS which was unwilling to produce any records when HUD reviewers visited on -site. No new loans are being made to assist low and moderate income persons rehabilitate their homes. Further, the NHSs are not under contract with the City, yet continue to provide the services of collecting loan repayments. Some NHS organizations are receiving little or no com ensation for the administration of the re a ments. Corrective The City is required to; Action * Provide a full accounting of the CDBG revolving loan funds to accurately determine the balance of funds and amount of outstanding loans within 45 days of the receipt of this report; • Contract requirements should be reviewed and enforced; • Arrangements should be made with the NHSs to revert assets to the City as per the agreements; • Program Income and accomplishment data adjustments must be made in IDIS; • Identify outstanding loans and secure liens in the name of the City, • Financial data should be entered into the City's accounting system to ensure that reporting is accurate; Within 60 days; • A plan should be developed and submitted to HUD explaining how the NHS revolving program will be utilized in the future; • This plan should substantiate how the funds will be compliant and satisfy CDBG regulations; • The plan should outline the City's responsibilities of how future loan proceeds will still be collected, and how the fund will be administered by the Cit or other sub -reci Tents. ; (.Y 21 Section VII. Spot Slums & Blight Activities r Reference: 24 CFR Part 570, HUD Monitoring Handbook 6509.5 Rev. 2, Exhibit 3 -7, Guide for Review of National Objective of Spot Slums and Blight Summary: I Finding Scrape: This area of monitoring reviewed the City's compliance in carrying out activities that were classified as spot slum and blight. Overview: Buffalo uses CDBG funding for the emergency demolition of residential and commercial properties using the National Objective of preventing or eliminating blight or blighting conditions. The review focused on the largest slum and blight spot activity in the City's IDIS system (Activity #5340). The records reviewed indicated that $1,425,608 has been expended to demolish approximately 90 properties. Finding Number Fifteen - Costs in the amount of $1,425,60799 for city wide demolitions are unsupported. Condition HUD reviewed the eligibility of approximately 90 properties that the City demolished with CDBG funds. CDBG funds were used for the demolition of structures that the City classified as eligible expenses, which were considered to be emergency public nuisance properties. However, the City did not provide any records to support that such expenditures were eligible under the CDBG program. Criteria 24 CFR Part 570.208 (b) (2) - Criteria for National Objective 24 CFR Part 570.506 (a) (b ) - Records(10 )(i) c) Cause Records and files were requested during HUD review. The City failed to produce any records to support an eligibility determination. The only documentation provided was financial in nature. Effect CDBG funds have been allocated and expended for a program that may not be sufficiently documented to establish eligibility and compliance with CDBG requirements. Therefore, funds may have been expended for ineligible activities. Funds expended on ineligible activities are subject to repayment to the federal government frorn non - federal funds. Corrective The City is required to: Action 1. Provide documentation of eligibility and regulatory compliance for IDIS activity #5340. This should include documentation of the assessment of the specific conditions that existed for properties demolished. a. This should be submitted to HUD within 30 days to determine if expenses are eligible. Failure to provide documentation will result in a disallowance and funds will be required to be repaid with non - federal funds to the CDBG program. 2. Develop and implement policies and procedures for determining and ..... caffying out demolition activities that are funded by the CDBG 22 program. a. Evidence of such policies and procedures should be submitted to HUD within 60 days. Section VIII. Area Slum & Blight Activities Reference: 24 CFR Part 570, HUD Monitoring Handbook 6509.5 Rev. 2, Exhibit 3 -6 Guide for Review of National Objective of Area Slums and Blight Summary: 2 Findings Sc_ ope: This area was reviewed to determine if the City is carrying out activities classified as area slum and blight are in compliance with CDBG requirements Overview Two key areas were reviewed in this section -- the eligibility of sampled activities and the reasonableness and allowability of costs associated with the activities. Three samples of project records were chosen for review for the period of 2005 — 2007. Finding Number, „ Sixteen Questionable acquisition/disposition costs were charged to the I..IJ13U plugL4111171 me alnuu111()1 X1,117 Condition Sample 1 was a review of BURA & BNRC Commercial Properties disposition activities. Each of the three years included two activities. A review of these activities revealed a wide range of properties being acquired, disposed of and/or maintained with CDBG funds. The chart below outlines funds expended by activity number and year. YEAR IDIS NO. DESCRIPTION EXPENDED as of 10108 2005 5343 BURA Commercial Properties $366,687.10 2005 5344 BNRC Commercial Properties $178,953.81 2006 5926 BURA Commercial Properties $332,579.97 2006 5927 BNRC Commercial Properties $112,034.17 2007 6408 BURA Commercial Properties $114,163.86 2007 6409 BNRC Commercial Properties $3,111.45 TOTAL $1,107,530.36 The description of the activities details temporary costs associated with the CDBG properties prior to disposition for a community development purpose. A review of the expenses and property inventory as shared by the City reveals that approximately 280 property addresses are included in the activities. Expenses incurred include utilities, Buffalo User Fees, insurance, legal expenses and other expenses related to the "carrying costs" of properties held. Some of the properties do not appear to have been acquired with CDBG funds. Some properties have been in the City /BURA /BNRC inventory for 25 years or more. Given the length of time in the inventory, the use of CDBG funds does not appear to contribute to or meet an intended purpose. The City t: 23 24 has been using CDBG funds to pay for "temporary" costs associated with properties that were owned by the City or City - sponsored agencies. No specific efforts to prevent or alleviate blighting conditions or planning efforts to reach goals in a reasonable amount of time were evidenced in the records. This includes the 2005, 2006 and 2007 IDIS activity numbers noted above. Earlier years were not reviewed; however, staff interviews indicate that similar expenditures were made in years prior to 2005. Criteria 24 CFR Part 570.201(b) - Disposition 24 CFR Part 570.208 (b)(1) - Criteria for National Objectives, Activities which aid in the prevention or elimination of slums or blight. CDBG Guide to National Objectives and Eligible Activities for Entitlement Communities — Page 2-1 — Categories of Eligible Activities; Page 2 -8 Disposition and Page 3- 35- Addressing Slums or Blight on an Area Basis Rules require that CDBG activities must be limited to those that address the conditions contributing to the deterioration of the area and those that address the blight. Further, the activities should be part of a plan that will result in a change within a reasonable timeframe. For acquisition and maintenance, the plan should identify the end use. Further activities related to disposition should be "temporary" in nature. Activities and expenses should not be carrying costs of public properties. Cause The City may have, at one time, acquired these various properties for an intended use, but that use may not have led to any actual accomplishment. Therefore, the City has continued to pay for the carrying costs of these properties. Effect Due to the age and/or nature of some costs, it is questionable whether the City has met the criteria for reasonable and temporary. Some of the costs charged to the CDBG program may not have satisfied regulatory requirements for National Objective and are thus ineligible. Costs charged to the CDBG program may not lead to actual program accomplishments. Corrective The City is required to; Action . The City should cease using CDBG funds for these purposes until the City satisfactorily documents that the activities are eligible. • Within 60 days, the City must review all costs associated with the BURA and BNRC Commercial Properties and provide HUD with a determination of the following: I . how each of the expenditures within these activities meet the national objective of a slum and blighted area; 2. verification that each eligible expenditure is within a designated slum / blighted area (date of designation and specific URA); 3. how the expenditure addresses the contributing cause of the blighting condition in the area; 4. how the effort being undertaken is in the furtherance of an approved community development plan and/or what the intended use of the property is and in what timeframe; 5. verification that none of the properties being assisted with CDBG 24 funds are public properties. Any properties not meeting a national objective or those not contributing to a redevelopment effort should be removed from CDBG programming. The CDBG program should be reimbursed from non - federal funds for the expenses incurred. Findine Number Seventeen - Questioned Eligibility of Livable Community Initiatives carried out by the City in the amount of $2,609,938.69 Sample 3 as reviewed was a historic preservation use of funds for the Michigan Street Historic Preservation Area. The review included activities expended during the 2005 — 2007 program years (IDIS Activity #'s 5095 and 6456). This area was determined to be documented as eligible slams and blight area. Activities undertaken were in support of a redevelopment plan. The City is reminded that a reasonable timeframe for completion of redevelopment should be established. On -going expenses for the maintenance of the property should be limited to the established timeframe. Further, the City is reminded that CDBG funds may not be used in the rehabilitation of a structure that is primarily used for religious purposes. 25 The second sample chosen by HUD for review were projects the City designated as eligible under slum and blight area as part of their Liveable Communities Program. The projects are located at 800 Main Street (IDIS activity #6321 -- Granite Works) and 210 Ellicott Street (IDIS activity #6447 — Warehouse Lofts) and their development resulted in market rate housing and commercial space. Both projects were partially supported by utilizing funds through a $6 million line of credit from Fannie Mae. The City later reimbursed the Condition line of credit in the amount of $2,609.938.69 for soft costs associated with these projects. As part of the file review reviewers also noted that an existing urban renewal area was expanded to include the property location for the 210 Ellicott project just weeks prior determining this project to be eligible under slum and blight area and providing funding. This raises some concern as to the area identified as slum and blight and the City's rationale for increasing the boundaries. Based on records reviewed on site, HUD has not concluded that both projects meet ell ibility requirements and CDBG funds for the use of these projects are supported. 24 CFR 570.200 - Eligible activities Criteria and 24 CFR 570.506 - Records Cause Files and records were not documented in a manner to make an adequate determination. Effect This resulted in the inability to make an adequate determination of eligibility of projects and if costs were supported. The City is required to: Corrective 1. Provide documentation to support eligibility of projects. Action 2. Provide financial records to support the costs of the projects. 3. Records should be provided in a manner as identified in 24 CFR 570.506 within 30 days of this report. Sample 3 as reviewed was a historic preservation use of funds for the Michigan Street Historic Preservation Area. The review included activities expended during the 2005 — 2007 program years (IDIS Activity #'s 5095 and 6456). This area was determined to be documented as eligible slams and blight area. Activities undertaken were in support of a redevelopment plan. The City is reminded that a reasonable timeframe for completion of redevelopment should be established. On -going expenses for the maintenance of the property should be limited to the established timeframe. Further, the City is reminded that CDBG funds may not be used in the rehabilitation of a structure that is primarily used for religious purposes. 25 r' C APPENDIX B Conclusions and Findings Other Program Requirements Section VIIL Labor Standards Summary: 2 Findings, 1 Concern Mr. Gary J. Kinsel from the HUD Buffalo's Office of Labor Relations performed the subject review during the weeks of June 16 and June 23, 2008. He reviewed the administration and enforcement of Federal Labor standards requirements by the City of Buffalo (hereinafter referred to as the City), pursuant to the Housing and Community Development Act of 1974, as amended. Bid specifications, construction contracts, contract administration, employee interviews (HUD - I1's), and certified payrolls were examined, as applicable. Reviews of a variety of projects were performed and are listed below. The City has reviewed projects up -front to determine Davis - Bacon applicability and had determined some project(s) did not trigger Federal Labor Standards and are so noted. The City properly referenced the Federal Labor Standards applicability in the project file(s). Proicet Name Program Contract Dollar Value YWCA Schoolhouse Commons CDBG $16,400.00 Historic Michigan Baptist Church CDBG Design Services — Not covered African Cultural Center CDBG Learning Program — Not covered Goodwill Industries Family Enrichment Center CDBG $210,000 — Never Awarded Jefferson Avenue Incubator CDBG $1,000,000.00 C.A.R.E. Program Year 32 CDBG $368,000.00 C.A.R.E. Program Year 33 CDBG $250,000.00 The City was reviewed for compliance with Federal Labor Standards in the following areas: • Assessment of Labor Standards Administration • Contract Documents and Contract Administration • Employee Interviews (Form HUD -11) • Force Account Work o Certified Payrolls o Reporting Requirements Finding Number Ei hteen - The City did not provide evidence that employee interviews were conducted on covered projects. 26 Condition The reviewer was unable to find evidence of any HUD -11 employee interviews having been conducted on covered r9jects that were reviewed. Criteria Handbook 1344.1 paragra 1 -5(e) and 3 -2(b). Cause The City hadn't assigned an individual to conduct said interviews. Effect No cross check mechanism existed to compare rates reported on certified payroll submissions to workers statements while employed on the work site. Effect The City is required to: Corrective 1. Arrange for HUD -11 employee interviews to be conducted by City Action representative on all future projects covered by Federal Labor Standards. Finding Number Nineteen - Semi Annual Labor Standards Enforcement reports were not submitted. Condition The reviewer was unable to find evidence of any Semi- Annual reports having been submitted. None were received by the Buffalo Office of Labor Relations. Criteria 29 CFR Section 5.7(b), Handbook 1344.1 paragrah 6-2. Cause The City's Labor Standards Compliance Officer hadn't submitted the Semi - Annual Effect Report, The Regulations and Handbook were not complied with and the reporting of the Effect dollars subject to DBRA was not correctly supplied to the US Dept. of Labor for its report to Con ress. Corrective The City is required to: Corrective 1. Arrange for timely submission of Semi - Annual Labor Standards Action Enforcement Report to the HUD Buffalo Office of Labor Relations by City __.._,,jepresentative.�__ Concern Number Two - Labor Standards Compliance Officer position is vacant. Condition The City's position of Labor Standards Compliance Officer was vacant at the time of monitoring. Cause The previous Labor Standards Compliance Officer left the City for another career opportunity in the private sector. Effect The lack of a dedicated Labor Standards Compliance Officer allows for a variety of instances of miscommunication, missed reporting deadlines and/or other administration and enforcement requirements being insufficiently addressed. Corrective The City is required to: Actions(s) 1. Name a Federal Labor Standards Compliance Officer with a detailed list of job duties to include the items leading to the above referenced findings. 2. Additionally, require active involvement with the various departments of the City that contract with CDBG dollars to ensure the correct determination is made on applicability and coverage and resulting administration and enforcement. �i 27 Section IX. Environmental Compliance Swnrnary: 0 Findings, 0 Concerns Scone: This area of monitoring was conducted by Ronald Monti, Field Environmental Officer, directly with Greg Bernas, Assistant Environmental Program Coordinator, to monitor the City's Environmental Review Record (ERR). The focus of the review was to determine compliance with the National Environmental Policy Act (NEPA), related laws, authorities and regulations set forth under 24 CFR Part 58. Overview: The following CDBG projects were sampled for compliance: o 210 Ellicott Street o 800 block of Main Street o Michigan Street U.R. Plan o Michigan Avenue Baptist Church Based on the sample review, Buffalo's ERR files contained documentation to substantiate that the applicable federal laws and authorities have been addressed and authoritative sources used to support such conclusions. Written determinations were made for projects /activities including those classified as "categorical exclusions" or "exempt ". The statutory checklists used during the broader first stage review process (tiered approach) were appropriate in terms of format and content. The process and standards to be followed in the site specific review appeared to be sufficiently outlined. In addition, the files reviewed included a copy of the "other requirements checklist ", as described under 24 CFR Part 58.6. The records documented that historic properties, where applicable, were considered in the environmental review. Consultation with the SHPO is conducted on a regular basis with projects being the subject of a historic property evaluation and information check, when required. Executed Memorandum of Agreement /Prograrn Agreements, as well as written communication with local and State historic preservation authorities, are made part of the project files. The files contained appropriate documentation with respect to published notices for Findings of No Significant Impact (FONSI) and Notice of Intent to Request Release of Funds (NOI/RROF). Required timefiames for public notices, comments and objections were in compliance with regulatory standards. Copies of form HUD - 7015.15 "Request for Release of Funds and Certification" and form HUD - 7015.16 "Authority to Use Grant Funds" were included in each ERR. Overall, the City's compliance with applicable federal laws and authorities listed in 24 CFR Part 58, for those projects and activities reviewed, is •satisfactory. END OF REPORT Al Stephen II Sanko, 111, ,Field Office Director, 2CS, March 11, 2009 28 95 Perry Street, 5 11, Floor E Buffalo, NY 14204 Development P: (716) 846 --5200 F:(716)846 -8262 w w w. c r it , , cci iialliii) - bor. Co72? April 1, 2009 ERIE CANAL HARBOR DEVELOPMENT CORPORATION NOTICE OF PROPOSED LEAD AGENCY DESIGNATION Proposed Buffalo Harbor Bridge City of Buffalo, Erie County, New York The Erie Canal Harbor Development Corporation (ECHDC), a subsidiary of the New York State Urban Development Corporation d /b /a Empire State Development Corporation, proposes to serve as lead agency for the environmental review process to be carried out in accordance with the New York State Environmental Quality Review Act ( "SEQRA ") and its implementing regulations (6 NYCRR Part 617) associated with the Proposed Buffalo Harbor Bridge. Under agreeinent with the New York State Department of Transportation, ECHDC is leading all planning and preliminary engineering for the project, in line with its mission to help facilitate; waterfront development in the City of Buffalo, New York. The project involves federal transportation funding, thus SEQRA process will be done concurrently with required environmental reviews under the National Environmental Policy Act (NEPA). The Federal Highway Administration will serve as the federal lead agency under NEPA. The proposed action has been classified as a Type 1 action under the implementing regulations for SEQRA. The proposed action involves the development of the Proposed Buffalo harbor Bridge. The facility would be a new, moveable bridge located in one of several alternative locations within a 1.5 mile corridor extending from a northern terminus at the mouth of the Buffalo River in the vicinity of the Erie Basin Marina to a southern terminus near the southern navigation limit of the City Ship Canal west of the existing Ohio Street Bridge in the inner and outer harbor area of downtown Buffalo (containing various local streets that end short of the Buffalo River or the City Ship Canal). The bridge, a local roadway, would connect the City of Buffalo's Central Business District with the Outer Harbor. As part of the planning process for the project, a study will be conducted that will include soliciting public input /comment, investigating alternative locations and feasible bridge types (i.e., site analysis, preliminary engineering, and environmental review), and determining preliminary cost estimates. If within thirty (30) days from the mailing of this notification there are no comments, it will be assumed that your agency has no objections to ECHDC serving as lead agency for the environmental review of the project. A reply form is enclosed for your convenience. The contact person is Steven P. Ranalli, P.E., Senior Project Manager, Erie Canal Harbor Development Corporation, 95 Perry Street, Suite 500, Buffalo, New York, 14203, (716) 846- 8241. b I . A Full Environmental Assessment Form (EAF), Part 1, and a copy of this notice have been sent to: • City of Buffalo Common Council (c /o City Clerk), • City of Buffalo Department of Economic Development, Pert - nit & Inspection Services; • City of Buffalo Department of Public Works, Streets and Parks; • Buffalo fiscal Stability Authority; • Buffalo Sewer Authority; • Buffalo Urban Renewal Agency, • Erie; County Department of Planning & Environment; • Erie County Department of Public Works; • Niagara Frontier Transportation Authority; New York State Department of .Environmental Conservation, Region 9 Director ■ New York State Department of Transportation, Regional Director, Region 5 ■ New York State Office of Parks, Recreation, and Historic Preservation -- State Historic Preservation Office ■ New York State Department of State:, Division of Coastal Resources (w/ Coastal Assessment Form) Federal Highway Administration, New York Division (for informational purposes only/no response required) ■ U.S. Army Corps of Engineers (for informational purposes only/no > response required) ■ U.S. Coast Guard -- Buffalo Complex (for informational purposes only /no response required) ■ U.S. Fish and Wildlife; Service (for informational purposes only/no response required) 0 004 6 z 7.20 Appendix A /I State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full FAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses oil identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then fart 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed far this project: M Part I Part 2 D Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. sA Conditioned Negative Declaration is only valid for Unlisted Actions PIZ01 BTJFFnLO IIART30R BRIDGE' Name of Action FRIF: CANEI I, IIARI30R DF,VF.. L,0PMENT CORPORARTION Name of Lead Agency I)FINNIS M. Mt11LFN INTERIM PRT SIDI3NI' Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency signature of Preparer (If different fr m responsible officer) R 4 II . CIJ 30, 2009 w -,. ,. ebsi E. -: - ,-, Date Page 1 of 21 PART 1 -- PROJECT INFORMATION Prepared by Project Sponsor PROPOSED BUFFALO IIARBOR BRIDGE NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, farts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action Location of Action (include Street Address, Municipality and County) WITHIN A 1.5 MILE CORRIDOR ALONG THE BUVFAL,O RIVER AND /OR CITY SHIP CANAL, I3FGINNING AT THE MOU"I OF TLIF RNER, CITY OF BU} ERIK COUNTY Name of ApplicanUSponsor ERIE CANAL HARBOR DEVELOPMI Nf CORPORARTION Address 95 Perry Street, Suite 500 City/ PO Buffalo Business Telephone 716.846.8241 Name of Owner (if different) Address City 1 PO Business Telephone Descriotion of Action: State Zip Code The proposed action involves the construction of'one or more Buffalo harbor Bridges. A transportation facility(s) is needed that provides a direct link from a hub of activity in the inner harbor area to the outer harbor area, thereby reconnecting the harbor and providing local access between the two areas while maintaining adequate waterway access for commercial and recreational craft. "1'he facility(s) would be located in one of'scveral Iocations within a 1.5 mile corridor extending from a northern terminus at the mouth of the Buffalo River in the vicinity of the Erie Basin Marina to a southern terminus near the southern navigation limit of the City Ship Canal west of the existing Ohio Street Bridge in the inner and outer harbor area of'the City of Buffalo (containing various local streets that era(l short of the Buffalo River or the City Ship Canal). Sec attached Project Area Map. Tlie range of alternatives will include no action and give consideration to locations derived from previous studies that investigated reconnecting the harbor. Alternatives under consideration include: (1) taking no action; (2) replacing the South Michigan Avenue Bridge on existing alignment; and (3) constructing a new bridge on new alignment across the Buffalo River and/or City Ship Canal. Incorporated into and studied with the various build alternatives will be design variations of grade and alignment. As part of the planning process for the project, a study will be conducted that will include soliciting public input /comment, investigating alternative locations and feasible bridge types (i.c., site analysis, preliminary engineering and environmental review), and determining preliminary cost estimates. State New York Zip Code 14203 Page 2 of 21 Please Complete Each Question -- Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Ilse: Urban E] Industrial Commercial EI Residential (suburban) Forest El Agriculture Other 2. Total acreage of project area: acres. APPROXIMATE ACREAGE Meadow or Brushland (Non - agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) PRESENTLY AFTER COMPLETION acres __ acres acres acres acres acres acres acres acres acres acres acres acres acres acres acres 3. What is predominant soil type(s) on project site? TO Dfit'FRMINCD a. Soil drainage: oWell drained % of site El Moderately well drained % of site. 0 Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? E] Yes F] No a. What is depth to bedrock 30-35 (in feet) 5. Approximate percentage of proposed project site with. slopes: ✓M0.10 %, % E - 1 10- 15% % F 15% or greater % g. Is project substantial) contiguous to or contain a building, site, or district, listed oil the State or National Registers of Historic Places? E■ Ye � s No 7, Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 1:1 Yes F B, What is the depth of the water table? VARIES (in feet) g. Is site located over a primary, principal, or sole source aquifer? El Yes F No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? E Yes No !r'_f FI Rural (non farm) Page 3 of 21 f : 1 1, does project site contain any species of plant or animal life that is identified as threatened or endangered? Yes EI No Accordinq to: ientif each s ecies: TO BE DI'TLRMINED 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? D Yes F No 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ril Yes E]No If les, ex lain: [— THE ERIE .BASIN MARINE, LRII CANAL HARBOR AND TIMES IMES BFACII ARE WI'T'HIN "I'HF PROJECT STUDY AREA. ' f`1 '- 1F - ;'B - UFFALO RIVER AND CITY SHIP CANAL PROVIDE RECREATIONAL WATER OPPORTUNITIES. 14. Does the present site include scenic views known to be important to the community? �Ycs No WAI RFRON'I' VIEWSI-IEDS ARE PREVALENT `I`IIROIJCIIIOU "I' "I - .TI ; PROJECT STUDY ARIA. 15, Streams within or contiguous to project area: BUFFALO RIVE AND CITY SHIP CANAL nI.... „F Ct n,i r - ,,,mn of Prior to whirls it i tributary - €3UFFALO RIVER, NIAGARA RIVI ;R 16. Lakes, ponds, wetland areas within or contiguous to project area L,AKF: IIRI3 b. Size (in acres): Page 4 of 21 17. Is the site served by existing public utilities? O Yes 1-1 No a. If YES, does sufficient capacity exist to allow connection? Yes 1:1 No b. If YES, will improvements be necessary to allow connection? DYes F1 No 18. Is the site located in Eylelisc ultural district certified pursuant to Agriculture and Markets Law, Article 2S -AA, Section 303 and 304? E No 19. Is the site located in or substantiall contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? Fl Yes No 20. Has the site ever been used for the disposal of solid or hazardous wastes? El Yes MNo g, Project Description 1 . Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: acres. b. Project acreage to be developed: acres initially; acres ultimately. c. Project acreage to remain undeveloped: acres. d. Length of project, in miles: < 0.5 MI (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. % f. Number of off- street parking spaces existing proposed g. Maximum vehicular trips generated per hour: (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially ultimately — i. Dimensions (in feet) of largest proposed structure: height; width; j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 2. flow much natural material (i.e, rock, earth, etc.) will be removed from the site? tons/cubic yards. 3. Will disturbed areas be reclaimed Ryes nNo ON /A iF f hat intc1rido i ni wr n5r iS [hP Sit€l belno reclaimed? length. b. Will topsoil be stockpiled Ior reclamation? 11 Yes 0 No C. Will upper subsoil be stockpiled for reclamation? D Yes 11 No 4. Flow many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0.01 acres. Page 5 of 21 f 5. Will any mature forest (over 100 years old) or other locally- important vegetation be removed by this project? El Yes E No 6. If single phase project: Anticipated period of construction: 36 months, (including demolition) 7. If multi- phased: a. Total number of phases anticipated (number) h. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? 0 Yes F No S. Will blasting occur during construction? El Yes No 9. Number of jobs generated: during construction 150 ; after project is complete 1 10. Number of jobs eliminated by this project 0. 11. Will project require relocation of any projects or facilities? F1 Yes O No If yes, explain: 'OTENTIAL RELOCATION OF NINA "TRACKS, U.S. COAST GUARD STATION, SANITARY SEWER PUMP STATIOI 12. Is surface liquid waste disposal involved? 1 Yes E No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? El Yes E No Type 14. Will surface area of an existing water body increase or decrease by proposal? ElYes ENo If ycs, explain: 15. Is project or any portion of project located in a 100 year flood plain? Dyes DNo 16. Will the project generate solid waste? D Yes E No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? D Yes F No c. It yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? El Yes F! No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? Dyes No a. If yes, what is the anticipated rate of disposal? tons /month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? Ryes F No 19. Will project routinely produce odors (more than one hour per day)? FYes rilNo 20. Will project produce operating noise exceeding the local ambient noise levels? FYes FE No 21. Will project result in an increase in energy use? E Yes F] No If yes, indicate type(s) I NEW FACILITY WILL RI3QUIRE ENJ -RGY FOR LIFT OPI RA"T'IONS, GATE CONTROLS AND LIGHTING. 22. If water supply is from wells, indicate pumping capacity gallons /minute. 23. Total anticipated water usage per day gallons /day. 24. Does project involve Local, State or Federal funding? E Yes 0 No If yes, explain: .. $1.6 million - F11WA (Highway Bridge Replat;eme3t and Rchabihtation program Funds) $400,090 - NYS Urban Developmcnt Corporation dAVa Empire State Development Corporation Page 7 of 21 25. Approvals Required: City, Town, Village Board E Yes O No City, Town, Village Planning Board D Yes lil No City, Town Zoning Board El Yes n o No City, County Health Department El Yes lil No Other Local Agencies Other Regional Agencies State Agencies F] Yes 7 No 0 Yes E] No E l Yes E] No Type Submittal Date Buffalo Common Council Urban Renewal. Agency Fiscal Stability f3oard 13uffalo Sewer Authority NYSDO`t', NYSDEC NYSDOS, NYSOPRI It' NYS LEGISI,ATURL F—HWA Federal Agencies L ft j Yos "No US COASTGUARD USACOL,, USFWS C. Zoning and Planning Information Does proposed action involve a planning or zoning decision? Yes E No If Yes, indicate decision required: 0 Zoning amendment Zoning variance Now /revision of master plan Subdivision D Site plan Special use permit EI Resource management plan El Other Page 8 of 21 2. What is the zoninq classification(s) of the site? 3. VARIES: CM - GENERAL COMMERCIAL, I I - INSTIT'UI'IONALJI IGII'I` INDUS`I'RIAL, M.I - LIGHT INDUSTRIAL, M2 - GENERAL INDUSTRIAL, M3 - HEAVY INDUSTRIAL SEE ATTACLIED MAP (ZONING) ; 1 What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? !j Yes Lj No 7. What are the predominant land use(s) and zoning classifications within a A mile radius of proposed action? SEE ATTACHED MAP (LAND USF) B. Is the proposed action compauoie wstrr aujornrrryisunuuiiuriry 1d11U uNt;,� vvirai U rq 111HU! �I 4 I� •� g, If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? Page 9 of 21 1Y r - 1 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? " Yes] No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? E Yes 1:1 No a. If yes, is existing capacity sufficient to handle projected demand? F Yes F No 12. Will the proposed action result in the generation of traffic significantly above present levels? Yes E No a. if yes, is the existing road network adequate to handle the additional traffic. Oyes E] No NEW FACILITY WILL LIKELY RESULT IN REDISTRIBUTED EXISTING 'I MFFIC .FLOWS. D. Informational Details Attach any additional information as may be needed to clarify your project.. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. F, Verification I certify that the information provided above is true to the best of my knowledge. Applicant /Sponsor Name Steven P. Ranalli Date Ma rch 30, 2009 signature Title Senior Project Manager, Brie Canal Ilarbor Development Corp. If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 J PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE r Responsibility of Lead Agency General Information (Read Carefully) ! In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. ! The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. ! The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. ! The number of examples per question does not indicate the importance of each question. ! In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? NO n YES n Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10 %. • Construction on land where the depth to the water table is less than 3 feet. • Construction of paved parking area for 1,000 or more vehicles. • Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. n [I Dyes E]No ED El Yes E]No E] El Yes El No 0 El D yes M No El El D Yes E:]No E] Yes E]No Page 11 of 21 1 2 Small to Potential Moderate Large Impact Impact 3 ii 1 't Can Impact Be Mitigated by Project Change • Construction or expansion of a santary landfill. 0 El ElYes r7No • Construction in a designated floodway. El [D rJYes EJNo • Other impacts: El F-1 Yes ONO 2, Will there bean effect to any unique or unusual iano Terms Muiiu uri the site? (i.e., cliffs, dunes, geological formations, etc.) EJ NO El YES • Specific land forms: Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) 0 NO YES Examples that would apply to column 2 Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a protected stream. • Extension of utility distribution facilities through a protected water body. Construction in a designated freshwater or tidal wetland. of hnr imrsarfc' 0 0 E]Yes E]No 11 El F Yes n No D El El Yes FI No 11 0 El Yes E] No ® 0 E] Yes EJ No 0 F-1 El Yes 0 No 4. Will Proposed Action affect any non - protected exisung of Fsuvv uuuy water? nNO YES Examples that would apply to column 2 El Yes E]No • A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface El ® El Yes FiNo area. Yes No • Other impacts: Page 12 of 21 5. Will Proposed Action affect surface or groundwater quality or quantity? F] NO YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. • Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water supply system. • Proposed Action will adversely affect groundwater. • Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per day. • Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and /or storage facilities. • nthor imnacis, 11 1:1 FYes 1:1 No Page 13 of 21 r� 1 Small to Moderate 2 Potential Large 3 J Can Impact Be Mitigated by Impact Impact Project Change El E] Yes No El E]Yes No El n Yes No El El D Yes No D DYes E] No D nYes FINo El E:] Yes F1 No El D Yes 11 No El 0 Dyes ID No 0 F Yes F] No EJ F] E] Yes D No 11 1:1 FYes 1:1 No Page 13 of 21 2 J Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 6, Will Proposed Action alter drainage flaw or patterns, or surface water runoff? El NO YES Examples that would apply to column 2 • Proposed Action would change flood water flows • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. • Proposed Action will allow development in a designated floodway. f}thpr imnwl.q D D Dyes E]No IMPACT ON AIR El 171yes No r Dyes 0No F] D E]Yes nNo n El n Yes Ell D D Dyes E]No IMPACT ON AIR 7. Will Proposed Action affect air quality? M NO E] YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any El Dyes nNo given hour. - Proposed Action will result in the incineration of more than 1 ton 1:1 E]Yes Ell of rof use per hour. • Emission rate of total contaminants will exceed 5 lbs, per hour MYes E]No or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land El n nYes ONo committed to industrial use. • Proposed Action will allow an increase in the density of El El E] Yes E]No industrial development within existing industrial areas. 0 El Dyes nNo • Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? El NO DYES Examples that would apply to column 2 • Reduction of one or more species tisted on the New York or Federal list, using the site, over or near the site, or found on the site. n n E]Yes DNo Page 14 of 21 • Removal of any portion of a critical or significant wildlife habitat • Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. • Other impacts: 9. Will Proposed Action substantially affect non- threatened or non - endangered species? El NO El YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. • Other impacts: IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? D NO D YES Examples that would apply to column 2 • The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) • Construction activity would excavate or compact the soil profile of agricultural land. • The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 1 Small to Moderate 2 Potential Large Can impact Be Mitigated by Impact Impact Project Change El 0Yes E]No 0 11 Yes EINa D E] Yes El No E n Yes ®No El 0 n Yes 1:1 No El El Yes E] No El El E] Yes FJ N o El El Yes ED No 0 El Yes E:] No Page 15 of 21 IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (if necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by from or in sharp contrast to current surrounding land use Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of El 0 E] Yes n No agricultural land management systems (e.g., subsurface drain • Proposed land uses, or project components visible to users of lines, outlet ditches, strip cropping); or create a need for such Yes - . No aesthetic resources which will eliminate or significantly reduce measures (e.g, cause a farm field to drain poorly due to increased runoff). Dyes E] No • Project components that will result in the elimination or El FlYes n No • Other imoacts: E] No significant screening of scenic views known to be important to E IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (if necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) 1:1 NO 0YES Examples that would apply to column 2 • Proposed land uses, or project components obviously different Yes No from or in sharp contrast to current surrounding land use El Dyes R No patterns, whether man -made or natural. • Proposed land uses, or project components visible to users of Yes - . No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic quafities of that resource. Dyes E] No • Project components that will result in the elimination or El 11 Yes E] No significant screening of scenic views known to be important to E R Yes E] No the area. EJ 0 Yes 11 No • 0iher imoacts: IMPACT ON HISTORIC AND AKt;HAtULUfAL AL KCJVUKI,CJ 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? DNO F] YES Examples that would apply to column 2 El Dyes R No • Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within Dyes E] No the project site. • Proposed Action will occur in an area designated as sensitive E R Yes E] No for archaeological sites on the NYS Site Inventory. Page 16 of 21 • Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? El NO 11 YES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. • A major reduction of an open space important to the community f)th r imnArtq IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? E-1 NO 0YES List the environmental characteristics that caused the designation of — � A Examples that would apply to column 2 • Proposed Action to locate within the CEA? • Proposed Action will result in a reduction in the quantity of the resource? • Proposed Action will result in a reduction in the quality of the resource? • Proposed Action will impact the use, function or enjoyment of the resource? flth�r imn-.irt- El ® ElYes rNo F 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change F1 FJ E] Yes E]No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? E-1 NO 0YES List the environmental characteristics that caused the designation of — � A Examples that would apply to column 2 • Proposed Action to locate within the CEA? • Proposed Action will result in a reduction in the quantity of the resource? • Proposed Action will result in a reduction in the quality of the resource? • Proposed Action will impact the use, function or enjoyment of the resource? flth�r imn-.irt- El ® ElYes rNo F El Yes O No El ElYes E]No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? E-1 NO 0YES List the environmental characteristics that caused the designation of — � A Examples that would apply to column 2 • Proposed Action to locate within the CEA? • Proposed Action will result in a reduction in the quantity of the resource? • Proposed Action will result in a reduction in the quality of the resource? • Proposed Action will impact the use, function or enjoyment of the resource? flth�r imn-.irt- El ® FlYes E]No F E] Yes nNo © El Dyes FINo R El E] Yes O No El Ryes ONo Page 17 of 21 Page 18 of 21 1 2 3. Small to Potential Can Impact Be Moderate large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15, Will there be an effect to existing transportation systems? NO E] YES Examples that would apply to column 2 F []Yes [:] No • Alteration of present patterns of movement of people and/or goads. Q D DYes El No • Proposed Action will result in major traffic problems. D El DYes No • Other impacts: IMPACT ON ENERGY 16 Will Proposed Action affect the community's sources of fuel or energy supply? RNO rJYES Examples that would apply to column 2 Yes No • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. R RYes FI No • Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Yes E]No • Other impacts: - NOISE AND ODOR IMPACT 17, Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? FI NO F]YES Examples that would apply to column 2 El Yes No • Blasting within 1,500 feet of a hospital, school or other sensitive facility. 0 nYes FIN, • Odors will occur routinely (mare than one hour per day). • Proposed Action will produce operating noise exceeding the El E] Yes 11 No local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a E]Yes F1 No noise screen. El Yes No • Other impacts: Page 18 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? n NO 11 YES • Proposed Action may cause a risk of explosion or release of E El F F r rYes F FIN IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? F] NO r, YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the project is located is likely to grow by more than 5 %. • The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project, • Proposed Action will conflict with officially adopted plans or goals. • Proposed Action will cause a change in the density of land use. • Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. • Development will create a demand for additional community services (e.g. schools, police and fire, etc.) El nYes F]No El ElYes nNo El El ElYes E]No n El Dyes E]No E] n E]Yes ONo n El 0Yes E]No Page 19 of 21 Page 19 of 21 20. Is there, or is there likely to be, public controversy reiatea to potenuai adverse environment impacts? [7 NO [] YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 r: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Proposed Action will set an important precedent for future E] Yes 11 No projects. • Proposed Action will create or eliminate employment. El El El Yes E] No El 0 Fl Yes E:] No Clthar imnarts- 20. Is there, or is there likely to be, public controversy reiatea to potenuai adverse environment impacts? [7 NO [] YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 I Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: ! The probability of the impact occurring ! The duration of the impact ! Its irreversibility, including permanently lost resources of value ! Whether the impact can or will be controlled ! The regional consequence of the impact ? Its potential divergence from local needs and goals Whether known objections to the project relate to this impact. Page 21 of 21 y NEW YORK STATE DE.PARTMENI' OF STATE COASTAL MANAGEMENT PROGRAM Coastal Assessment Dorm A. INSTRUCTIONS (Please; print or type all answers) State agencies shall complete this CAF for proposed actions which are subject to Part 600 of'ritle 19 of the NYCRR. This assessment is intended to supplement other information used by a state agency in making a determination of significance pursuant to the State Environmental Quality Review Act (see 6 NYCRR, Part 617). If it is determined that a proposed action will not have a significant effect on the environment, this assessment is intended to assist a state agency in complying with the certification requirements of 19 NYCRR Section 600.4. If any question in Section C on this fond is answered "yes ", then the proposed action may affect the achievement of the coastal policies contained in Article 42 of the I3xecutive Law. Thus, the fiction should be analyzed in more detail and, if necessary, modified prior to either (a) Snaking a certification of consistency pursuant to 19 NYCRR Part 600 or, (b) making the findings required under SEQR, 6 NYCRR, Section 617.1 1, if the action is one for which an environmental impact statement is being prepared. If an action cannot be certified as consistent with the coastal policies, it shall not be undertaken 3. Before answering the questions in Section C, the preparer of this form should review the coastal policies contained in 19 NYCRR Section 600.5. A proposed action should be evaluated as to its significant beneficial and adverse effects upon the coastal area. B, DESCRIPTION OIL PROP() SE'D ACTION 1. Type of state agency action (check appropriate response). (a) Directly undertaken (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) _. (c) Permit, license, certification 2. Describe nature and CXtent of action: 3. Location of action: County City, `town or Village Sheet or Site Description 4. If an application for the proposed action has been filed with the state agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address:_ (c) Telephone Number: Area Code {__} (d) State agency application number: 5. Will the action be directly undertaken, require funding, or approval by a federal agency? Yes No if yes, which federal agency? C. COASTAL ASSESSMENT (Cheek either "YES" or "NO" for each of the following questions) 1. Will the proposed activity be located in, or contiguous to, or have a significant effect upon any of the resource areas identified on the coastal area map: YIDS NO (a) Significant fish or wildlife habitats? .......... ............ .......... . . — (b) Scenic resources of statewide significance'? ....... ............................... . (c) Important agricultural lands? .................... ............................... — 2. Will the proposed activity have a si rniffeant effect upon: (a) Commercial or recreational use offish and wildlife resources? . . . . ........ ...... . (b) Scenic quality ol'thc coastal environment? . . ....... ............................... — — (e} Development offuturc, or existing water dependent uses? ........................... . (d) Operation of the State's major ports'? ............. ............................... — — (e) Land and water uses within the State's small harbors? . . (1) Existing or potential public recreation opportunities? — — (g) Structures, sites or districts of historic, archeological or cultural significance to the State or nation'? .............. ............................... . 3. Will the proposed activity involve or result in any ofthe following: (a) Physical alteration of two (2) acres or rnore of land along the shoreline, land under water or coastal waters? .. _ (b) Physical alteration of five (5) acres or more of land located elsewhere in the coastal arca? ............................. ............................... . (e) T:?xpansion of existing public services of infrastructure in undeveloped or low density areas of the coastal area'? ............. ............................... (d) Energy facility not. subject to Article V Il or VIII of the Public Service Law? ............. (e) Mining, excavation, filling or dredging in coastal waters? ............................ — (f) Reduction of existing or potential public access to or along the shore? ......... . . ....... _ (g) Sale or change in use of state -owned lands located on the shoreline or — underwater? ................................. ............................... (h) Development within a designated flood or erosion hazard area? ....................... _ (i) Development on a beach, dune, barrier island or other natural feature that provides protection against flooding or erosion? .... . ..................... . ....... . .— 4. Will the proposed action be located in or have a significant effect upon all area includcd in an appromt Local Waterfront Revitalization Program? .... _ - - • - - . f l ij D. SUBMISSION RE UIREMEN`1'S if any question in Section C is answered "Yes ", AND either of the following two conditions is met: Section B.1(a) or B.1(b) is checked; or Section B. l(c) is checked AND 13.5 is answered "Yes ", `l'1IEN one copy of the Completed Coastal Assessment Form shall be submitted to: New York State Department of State Division of Coastal Resources 41 State Street, Sth Floor Albany, New York 12231 If assistance of farther information is needed to complete this form, please call the Department of State at (518) 474 -6000. E. REMARKS OR ADDITIONAL INFORMATION Preparer's Name: (Please print) Title: Agency: Telephone Nuniber ( ) Date: Map Output Page I of 1 Citv of Buffalo Zom W R �tsd wi "&T 1 http: / /gis l . Brie. gov / sen , letl com. esri. esrimap, Esrimap? ServiceName= BuffaloOV &ClientVersion =3.1 &Form= True &Encode =False 8/28/2008 :. b L egen d Parcels Fta'il - oads h y Zoning Q.istricts .ate A &tool Dint ti 33[3,-1 r `' n l t lsr- C2 - C m nmm.fty airssma= Di%uk,% �..`g.-CQAiF�S'FS`&3S31kC;35 �DP5{M3G"F may. y ..� „ ICA • 0O913m��.iFTiYT'+RxRSi1�:�t9�7�: e ; Tk � 00^ �17i4VASkUttJn fiN • e LB Busa{esx -� ��di. �, ;n:;tdulaanaVLig,'!r'i�duaEa�i r E ,w M l - l::IU indu3tri.7Y DvtT f � �93�11�uhyRndus'IriaiLi3stadct R1 � �Dna��amaY� D:istrxt 1ruM, 2 - D"Utn g'Dastre J,.CQ��i.�,M�. R:3 �-'Du+a9Bgrg. D•is4:eict 4 St3tt3,< P,4 k lsncrst�li tr3s3 RS .r =ftrnoni MetalOistr-t SS = xno=& mat c,t: '3"$=7r�s� -alt Sts'1Yiaen http: / /gis l . Brie. gov / sen , letl com. esri. esrimap, Esrimap? ServiceName= BuffaloOV &ClientVersion =3.1 &Form= True &Encode =False 8/28/2008 Map Output Page I of I N;A"` E v4)a Conwrwai km Am= PvJm Otlmr Railroads http:llgisl . erie. govl servleticom. csri. esrimap. Esrimap? ServiceName= BuffaloOV &ClientVersion =3.1 &Form= True &Encode =False 8128/2008 Legend Stre 'y � Parcels _mA p A. Li z �i! Ej j P E li - C�,MUMAYSS� f 4 �k RRR E v4)a Conwrwai km Am= PvJm Otlmr Railroads http:llgisl . erie. govl servleticom. csri. esrimap. Esrimap? ServiceName= BuffaloOV &ClientVersion =3.1 &Form= True &Encode =False 8128/2008 r RESPONSE TO NOTICE OF PROPOSED LEAD AGENCY DESIGNATION PROPOSED LEAD AGENCY: Erie Canal Harbor Development Corporation NAME OF ACTION /PROJECT: Proposed Buffalo Harbor Bridge City of Buffalo, New York County of Eric On behalf of the , 1 acknowledge receipt of the lead agency designation notice in this matter. The above named involved agency hereby ( please check one ): [ ] CONSENTS that the above named agency serve as lead agency in this application, and requests that the undersigned continue to be notified of SEQR determinations, proceedings and hearings in this matter. DOES NOT CONSENT to the above named agency serving; as lead agency in this application and requests that serve as lead agency. To contest lead agency, the undersigned intends to follow the procedures outlined in 6 NYCRR Part 617.6(c). DATED: SIGNED: NAME /TITLE: (please print) Please return by May 1, 2009 to: Steven P. Ranalli, P.E. Eric Canal Harbor Development Corporation 95 Perry Street, Suite 500 Buffalo, New York 14203 -3030 Or Fax to: 716.846.8262 The N uffato Commo Co u ncil MICHAEL J. U)CURTO DELAWARE DISTRICT COUNCIL, MEMBER 65 NIAGARA SQUARE, 1405 CITY HALL BUFFALO, NY 14202 - 3318 PHONE: (716) 851 -5155 4 FAX: (716) 851 -45 3 F -mail: m1acurto@city- buffalo.com CHAIR COMMUNITY DTVLL01'MFN1 LEGISLAT ASSISTANTS PAUL ALAGNA BRADILY K. HAMM April 9, 2009 Dear Mr, Chwalinski, COMMITTEES I_ GISIATK7N FINANCE BUD( BOARDS BURR Please file the attached document for the upcoming Common Council session to be held on April 14, 2009. Thank you in advance for your assistance in this matter. � a Sincerel x v 14, 46�' Michael J. LoCurto Delaware District Councilmember C- W orking for Today - Planning for Tomorrow i� j 00044 Edward ft Jean Loucks 118 Peabody Stif�oi iiulfalo, W Yof k 1AY1 O April 6, 2009 To Whom It May Concern, I, Edward Loucks, and my wife, Jean Loucks reside at 118 Peabody Street in the City of Buffalo. We have lived at this address since Oct. V, 2001. Battaglia demolition has been behind us the entire time at this location. Mr. Battaglia has done some very damaging things to the area up to and including: A) He has destroyed a vacant lot which could have been used to build a house on. He has also destroyed the sidewalk which was on this property and has destroyed the curbs which surrounded this property. This property is located at the corner of Peabody and Scatchard Streets. This lot is currently being used by Battaglia demolition so that his trucks can make wide turns into his property. B) He has built a berm which will flood the houses adjacent to his property on Peabody Street. This berm was built by digging up the contaminated soil at his property and piling it up only feet from his "neighbors" yards. C) He is now crushing concrete. It is creating a great deal of dust and Mr. Battaglia is not using water to keep the dust down. The dust from crushing concrete is known to cause respiratory damage and may contain carcinogens. He has trucks entering and leaving his business establishment loaded with product. Many of them without their loads tarped. This is a violation of local, city, state and federal laws and yet, no one seems to do anything about it. Now he wants to bring trash trains back into Buffalo. Doesn't anybody remember the fiasco a few years ago with new york city trash train_ Remember the smell so bad that you couldn't open your windows. Remember the 100,000 lb trucks destroying our streets and bridges. Remember the RATS and other vermin the size of small dogs. Not again, NEVER AGAIN. This simply cannot be allowed. have a back room on my house that a few years ago, I paid a lot of money to renovate. The foundation was repaired and it was insulated and dry walled. This room has been perfect until late winter when Battaglia built that berm and now there are cracks in the walls of my room. My house vibrates badly when he is operating his machinery and he doesn't seem to care. He does what he wants, when he wants. Why does the City of Buffalo keep issuing permits to do anything he wants. Don't the city permits department or the inspectors care about the people living in this area. Don't they care about the quality of life that we have or in this case, don't have. Why don't you care about us? We are told by the City that we have to keep our property in a certain condition and with a few exceptions, we do. Many people in this neighborhood take great care in how their property looks and spend a lot of money fixing and repairing our houses only to have Battaglia demolition slowly destroy them. I make good money and could live anywhere in Western New York. I choose to live here because the neighbors are friendly, honest, down to earth people. We watch each others property and always try to help each other. All except one. The neighbor who resides at 1037 Seneca Street. Battaglia Demolition. We, the people of Seneca Babcock area, hereby request that the City of Buffalo find Battaglia Demolition another location to do his business. Perhaps where the old Republic steel plant used to be. We request that all of his permits to conduct business in the City of Buffalo be temporarily suspended until such time as another property suitable for his use and away from any houses be found and secured and he moves his ENTIRE operation out of the Seneca Babcock area. Thank you for your consideration in this matter. Sincerely, ( - / 'Edvv 7 arJ7 R. t au s Jean G. Loucks r i 0 004 i Town of Cheektowaga 3301 Broadway Cheektowaga, NY 14227 Alice Magiemki Telephone: 715 680 -34 April 7, 2069 (lilllllil IEIIIIIIIIII Gerald Chwalinski City of Buffalo 65 Niagara Square Buffalo, NY 14262 Dear Gerald Chwalinski: Please be advised that the Town Board, at a meeting held on April 6, 2069 6:45 PM, considered the following resolution(s): Resolution RES -2009 -162 Adopted [Unanimous] Call for Public Nearing - Amend Site Plan Provisions of Zoning Law Sincerely Yours, Alice Mag RECEIVED AN R Board Meeting of April 6, 2009 RESOLUTION 2009 -162 DOC ID: 3472 Call for Public Hearing -Amend Site Plan Provisions of Zoning Law WHEREAS, by resolution dated January 21, 1992, Local Law No. 1 of the Year 1992 of the Town of Cheektowaga, entitled "A Local Law Relating to Zoning" was adopted, and WHEREAS, by Local Law No. 12 of the Year 2008, this Town Board enacted revisions to the Zoning Law relating to site plan approval, and WHEREAS, various sections of the Zoning Law require site plan approval for additions of various sizes, and WHEREAS, there is a need to standardize the minimum size of additions which require site plan approval, and WHEREAS, a draft of such amendment has been prepared by the Town Attorney, NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held on the 20th day of April, 2009 at 6:45 P.M. at the Town Hall, 3301 Broadway, Cheektowaga, New York to consider the advisability of adopting "A Local Law to Amend the Zoning Law Relating to Site Plan Approvals for Additions ", and BE IT FURTHER RESOLVED, that the Town Clerk be and hereby is directed to publish the attached Notice of Hearing in the Cheektowaga Bee , and BE IT FURTHER RESOLVED, that the Town Clerk be and hereby is directed to forward copies of this resolution and the attached Notice of Hearing to the Erie County Department of Environment and Planning, the City of Buffalo, and the Towns of West Seneca, Amherst and Lancaster, and the Villages of Sloan and Depew. E■■■ a a a a r a a■■ a a a■■ a■■ a M a w r a 0 a■■■ a■■ a a a a a a■ a a■■■■ a s•■ a a■■ aI0 0 a■■ N r■■ a■■■■ a a NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that, pursuant to the Municipal Home Rule Law of the State of New York, a Public Hearing will be held before the Town Board of the Town of Cheektowaga on the 20`" day of April, 2009 at 6:45 P.M. at the Town Hall, 3301 Broadway, Cheektowaga, New York to consider and discuss and, if need be, act upon the proposed enactment of Local Town of Cheektowaga Board Meeting of April 6, 2009 Law Intro No. 2009 -1 of the Year 2009, entitled "A Local Law to Amend the Zoning Law Relating to Site Plan Approvals for Additions ". Following is a synopsis of the proposed Local Law Intro No. 2009 -1: Local Law Intro No. 2009 -1 A Local Law to Amend the Zoning Law Relating to Site Plan Approvals for Additions Amend the following sections of the Zoning Law of the Town of Cheektowaga: 1. Section 260 -22. B (presently reads "All developments [in Residence Districts] shall be required to submit a site plan for approval pursuant to §260 -88)- this subsection should be deleted. 2. Section 260 -29 - amend subsection to provide that, in Business Districts, a site plan shall be submitted for review by the Planning Board for all developments and for additions in excess of 1,500 (presently 350) square feet or change in use; 3. Section 260 -35.8. - amend subsection to provide that, in Manufacturing Districts, a site plan shall be submitted for review by the Planning Board for all developments and for additions in excess of 1,500 (presently 500) square feet or change in use; 4. Section 260- 47.1.B.2.b. - amend subsection to provide that site plan approval shall not be required for exterior alterations or additions to existing commercial structures which are less than 1,500 (presently 500) square feet in area; Dated: April 6, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF CHEEKTOWAGA, ERIE COUNTY, NEW YORK. ALICE MAGIERSKI Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Charles Markel, Councilmember SECONDER: James Rogowski, Councilmember AYES: Holtz, Jaworowicz, Swiatek, Rogowski, Zydel, Markel, Kaznowski Town of Cheektowaga Board Meeting of April 6, 2009 State Of New York This is to certify that I, ,R,G7, 4g,:mik, Clerk of the 7,�, -� & d� 44a Erie County ss: e K.q aX c : &. have compared the foregoing copy of resolution with the Office Of The Clerk Of The original resolution now on file at this office, and which was passed by the Town of Cheektowaga Town Board of the 7., �kultaung� in said q G =ce: on Monday, April, 6, 2009, and that the same is a correct and true transcript of such original resolution and the whole thereof. (Seal) 9k Vwr m?1(ikew4, I have hereunto set my hand and affixed the seal of said Town on Tuesday, April, 7, 2009. ��N C CLERK OF O BOA O, T OF f EKTOWAGA, NY 0004 New York State Department of Environmental Conservation Division of Environmental Permits, Region 9 270 Michigan Avenue, Buffalo, New York, 14203 -2915 Phone: (716) 851 -7165 - Fax: (716) 851 -7168 Website: www,dec.ny.gov April 6, 2009 Ms. Jacqueline E. Rushton Senior Legislative Assistant Common Council City of Buffalo 65 Niagara Square, Room 1413 Buffalo, New York 14202 -3318 Dear Ms. Rushton: Alexander B. Grannis Commissioner SEQR LEAD AGENCY COORDINATION BATTAGLIA TRANSFER STATION 1037 -1055 SENECA STREET DEC NO. 9- 1402-00897100004 The New York State Department of Environmental Conservation (the Department) received the section of the Buffalo City Charter and Code which was provided to our Division of Environmental Permits by facsimile on April 2, 2009. The information provided relates to the need for the Battaglia Transfer Station to obtain a Transfer Station License for the proposed acceptance of municipal solid waste and other changes to the Battaglia facility. Thank you for clarifying the City of Buffalo's Transfer Station License authority. Based upon that clarification, the Department concurs with the designation of the Common Council of the City of Buffalo as lead agency for the review of this action under the State Environmental Quality Review Act. Thank you for your cooperation. If you have any questions, please contact me at (716) 851 -7165. Sincerely, ON L F G 1:..Al'i0W. DSD:vm Steven J. Doleski Regional Permit Administrator CC' Mr. Mark Hans, NYSDEC Ms. Betty Ann Hughes, NYSDEC Mr. Peter Battaglia, Battaglia Demolition, Inc. l Introduction The New York State Department of Environmental Conservation (NYSDEC) would like to update you on ongoing cnvironmental investigation activities at the Former Buffalo China Site located at 51 Hayes Place in Buffalo. Work at the site is being conducted through the New York State Brownfield Cleanup Program, a program that encourages current or potential property owners to voluntarily clean up brownfields so they may be returned to productive use. Brownfields are typically former industrial properties that may be impacted by contamination. During previous site investigation activities, elevated levels of chemicals called volatile organic compounds (VOCs), in particular Trichloroctlicne ( l'CE), were found in the bedwek. on and some off -site areas. Additional rock wells will be installed to detennine the extent of contamination, and potential exposure pathways (i.c., bow people might come into contact with contamination) will be assessed. For more information on TC.E, visit the ToxFAQ page on the Agency for Toxic Substances and Disease Registry website, litt / / www.atsdr.cdc. t) {).htrail Site Background The Buffalo China site comprises approximately 8 acres and is bounded on. the north by Conrail railroad tracks, on the east by the adjoining former Buffalo China Warehouse. and other comm . erc al /industrial facilities, and on the south and west by residential. properties. A former school and playground are 'located a few hundred feet to the southeast, but children.no longer attend the school The nearest body of water is the Buffalo Riven, located approxiinately' /a mile south and east of the site. Previous cnviroiarne.n.ta.l. investigations at the. site indicate that the site's soil and shallow groundwater have been .impacted by volatile organic. compounds and lead. The Buffalo China site has Historically been the location of china and mirror manufacturing. The particular chemical. detected, TCE,`is commonly used in mirror manufacturing. What Will the Environniental.Investi2ation Involve? To complete the investigation and to ensure the safety of the public, more rock wells will be drilled on both the Buffalo China property and the surrounding off -site area. Nearby properties will be assessed for potential exposure pathways. Any .investigation work extending beyond Site boundaries onto private property will be conducted with appropriate permission or authority. Private properties identified that require necessary vapor sampling will be contacted individually and provided with additional information by NYSDEC and NYS Department of Health. Next Steps A final draft Remedial Investigation and Remedial Action Report is expected to be available by Fall 2009. It will summarize all the environmental data collected and evaluate alternatives to clean up the site. Any information indicating impacts to nearby properties will be disclosed to affected property owners as soon as possible. Fact sheets similar to this one will continue to he sent throughout the project to keep you updated and informed on the project's progress. Who Should I Call If I Have Questions_ About the Site? Questions regarding the investigation of this site are welcome. Should you have any questions, please contact the following representatives: Project- related Questions Ms. Christine Barton Conestoga - Rovers & Assoc. 285 Delaware Ave Suite 500 Buffalo, NY 14202 (716) 856 -2142 E rc "+ed.Qu(-.,-t ons: Line. NYSDEC Region 9 Office 270 Michigan Avenue Buffalo, NY 14203 (716) 851 -7220 Health -r -, Questions: X - O'Connor NYSDOH 584 Delaware Avenue Buffalo, New York 14202 (716) 847 -4385 Locations to View Project Documents Two locations have been established as document repositories to provide you with access to project information. All documents relevant to the site's remedial program are available for review at: East Clinton Branch Libraz 1929 E4st Clinton Street Buffalo, NY 1.4206 (716) 823 -5626 NYSDEC Region 9 Office 270 Michigan Avenue Buffalo, NY 14203 (716) 851 -7220 More information may be found at Look for the Buffalo China entry under the Erie County heading. North side of the Buffalo China Site. Vacant urban lot .south of the buffalo China Site. jj ji qq (U �f �1�-n VS," k .' r,W'':r i PETITIONS April 14, 2009 ;� r �1 • Reverend Ronald Sessum, Agent, Use 722 William St for a HSF (Fill)(no pub hrg ) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS City of Buffalo 65 Niagara Square Buffalo, NY 14202 ( Fax (716)851.5472 USE Building Application Re port Date I A/ # 137435 Processed Issued Final 04/01/2009 09:36 AM Submitted By JAMES CARR Page _1_ Date/Time By By Temp COO COO Expires Date / Time Ass9_ciai - Infgrmatlon .._._ _ - - - Valuati2n Type of Work # Plans 0 Declared Valuation 1000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group Actual Valuation 0.00 Square Foota 0.00 Name f7S4J�2.t! ZB t49f --- -..... -- *' *A AE�PAOVA L REQ "511 136 * * "ALTEH OF USE IN A 2 STORY FRAME 1 FAMILY DWELLING WITH STORE FRONT STORAGE TO A HUMAN SERVICE= FACILITY FOR 5 WOMEN, SHORT TERM SHELTER FOR HOMELESS WOMEN, WITH MEALS, 722 WILLIAM ST NEAR SHUMWAY,COMMON COUNCIL RECOMMENDATION REQUeSTED;;NO PUBLIC HEARING, NO FEE; FILLMORE DISTRICT, DAVID A FRANCZYK COUNCILMAN. PLANS REQUIRED I PROJ ECT IS APPR Parent AIP # Project # Project/Phase Name Phase # SizeJArea Size Description Address 722 WILLIAM BUFFALO NY 14206- Location Contact ID AC276074 Name RONALD L SESSUM Mailing Address 704 HUMBOLDT city BUFFALO ZIP /PC 1421 Day Phone (716)570 -2232 x Fax No Addresses are linked to this Application No Addresses are linked to this Application 1115900004036000 Organization FAITH BASED FELLOWSHIP State/Province NY Country USA Evening Phone Mobile # Foreign No Parcels are linked to this Application ZONING BOARD FEE. 453051 ZONVARI 0 N P 03/31/2009 11:06 75.00 Total Unpaid 0.00 Total Paid 75.00 Starter# Gornptetee! MD CARRJ 03131/200910:37 N City of Buffalo USE Building Applicarion 65 Niagara Square Buttalo, NY 14202 (716)851 -4949 Pax (716)851-5472 T Report Date 0 09:38 AM Su By J AMES CARR Pag 2 - -. - - --- Primary N Capacity OWNER Contact ID AC276074 (] Foreign Effective Expire Name RONALD L SESSUM Day Phone (716)570 -2232 x Eve Phone Organization FAITH BASED FELLOWSHIP Pager PIN # Position Fax Mobile Profession E -Mail Address 704 HUMBOLDT PO BOX 300 (14215) BUFFALO, NY 1421 USA Comments No Comments GQntractprs Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNER Phone Fax Address (SEE UNDER APPLICANT) Comments No Comments ypE , W Nam . _ _ I Go 000000 DMi AC12792 OWNER OF PROPERTY 0000000 PLU A0122429 OWNER 111111 HCO AC12.792 OWNER OF PROPERTY 222222 SPC A012370D OWNER 000000 HIM A012792 OWNER OF PROPERTY ZONING BOARD FEE. 453051 ZONVARI 0 N P 03/31/2009 11:06 75.00 Total Unpaid 0.00 Total Paid 75.00 Starter# Gornptetee! MD CARRJ 03131/200910:37 N City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716 )851 -5472 USE Building Application It P,'ii Report Date 04101/2009 09:38 AM Su By JAMES CARR GHANGI" OF USE Page 3 { Work done by owner F Zoning Board 03/31/2009 09:36 $ Residential [ Work with out Permit (FINE) F_] Commercial F] Multiple Dwelling Existing Use 1 FAMILY WITH STORAGE New Use HUMAN SERVICE FAC FOR HOMELESS WOMEN i Dwelling Units Lost 0 [_) Electrical Dwelling Units Added 0 ❑ Plumbing Debris NONE ( Heating FLAT FEES No Employee Entries No Log Entries Y f x . IT J� J. LC)(--'XfLD IN THE 'H-Af 1 1 F I A N F 0f D CiTY BUFFAI-0, lAi" PER f !J i A LNCAHUR AND RDAN Wtl! i J. S. ;l R, V [ Y F TL Y. SIATE SS 'TE"L 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM` For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION ITo be comp leted by A iicant or Pro ecT onsur 1. APPLICANTISPONSOR 2. PROJECT NAME All A jvC- -r-r' 3. PROJECT LOCATION: Municipality- County o 4. PRECISE LOCATION (Street address and rroo7ad Intersections, prominentdma� etc, , or Proms de m P) ! f � f (7 (19 6, PROPOSED ACTION IS: New ❑ Expansion ❑ Modificationialteration 6. DESCRIBE PROJE T BRIEFLY: 01 C �� �, f��Ci�'I �� ct" � ti, to u ry C -t7 14" V F 0 r ��O� ( -( (-Z' C `f G'- Gq-�-f F�- 'ev 7. AMOUNT OF LAND acres acres 8. WILL PROPOSED A TION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? l,T� Yes ❑ No If No, describe briefly 9, WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? residential 1:1 Industrial commercial ❑ Agriculture ❑ Park/ForestlOpen Space 1:1 Other Describe: 10. DOES ACTION INVOLVE, A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? its ❑ No If Yes, list agency(s) name and permitlapprovals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? .'Yes ❑ No if Yes, list agency(s) name and parmiUappravals: 0E- 404 �t�ll `� EcEf Gil Fi W Crf( f O G[ A C Gc GEC FA f l Li l 7 r - � I -0-0 p (Z-4f U I` r rt---. 12, AS A RESULT OF P OPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑ Yes r] No I CERT FY THAT THE INFORMATION rrPR / t VIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: � l klb Date: Signature: If the action is in the Coastal Area, and you area state a gency, complete the Coastal Assessment Form before proceeding with this assessment OVER x 1- pm Ot CITY OF BUFFALO EDPIS 7/06 100"M MEMMM DEPARTMENT OF PERMIT & INSPECTION SERVICES Byron W. Bmwn, Mayor Richard M. Tobe, Commissioner Date Filed 20a fj fj Appeal from the Decision of the Department of Permit and Inspection Services 7a the Board of �itpp=&. An appeal is hereby taken from the decision of the Commissioner of Permit and Inspection Services 62 (f C ff ) f 20-LT a copy of which is attached, for the purpose of reversing or modifying said decision to affect a variation from the requirements of the Zoning Ordiwace, so as to permit the: Erection, Extension. Alteration, Conversion, s F f 'L fJC C' accordance with the application and plans filed with the Commissioner of Permit and Inspection Services, as herein below described: No. [E L/ Ave./j}on0'd_QouWEast/West side of said Ave*) Distant -LI— Ft. North/5outh(�est of 5KICAf G (J - _ Ave Name of Appellant Ad VVA L ' Address �'L Q r� �� 0 Name of Owner A ddress Size of Lot 1 ,.,,, fl, front x _VC ft . deep-(or if inegular see plat). Front yard to be 0 R. Side yard to be t f t. De Dth of Rear vard to be ft- arirtth of Geis. "M t r%hn $:_ fr CHARACTER AND USE EXISTING BUIMING - - - PROPOSED BUILDING Size of Building fit. front x ftAmp ft. front x ft. deep Height iM ft. stories ft. stories Character of Construction Frame Slow- Burning Brick, etc. P' roof Frame Slow Burning Brick, etc. improof Are there any private restrictions as to uses and yards, setbacks or building lines on this property? (If so attach copy) Zoned as Has there been any previous appeal to this Board for these premises? If so, when . and further, if so, is there now any new evidence to Be submitted which could not be presented at the previous bearing? Attached hereto and made a part of this appeal, are submitted all papers as required. STATE OF NEW YORK COUNTY OF FRIE ss. CEEY OF BIMA -L0. befy 4 4 swom fiveby depo s and says that he has readaff&e tsnutho acrd tfiat s art t, f f �nrtnation and .src+tvrrn to lretora me (Avvellant sim here) C ITY OF BUF FALO MPARTMENT OF ECONOMIC Byron W. Brown, Mayor Richard M. Tobe, Commissioner OPMENT, PERMIT & INSPBLIJUA DeAvl% -r` r NOTICE OF APPEAL (To be filed in duplicate with The Commissioner of the Department of Permit and Inspection Services, who will forthwith transmit to the Board of Appeals all papers constituting the record in the matter or, in lieu thereof, certified copies of same.) FRONT ci Apellant. Gentlemen: r Concerning the Application dated For Buildi Permit, And At Premises ° t Which was Denied- Granted by the Commissioner of Permit an d Inspection Services The reason for Appeal From the deni Grant is under section paragraph ---� cis V This notice of an Appeal from said denial or'grant is hereby given within the, twenty days or three days, respectively, as required, from the date of the decision of the Commissioner of permit and Inspection Services. I will forthwith file in duplicate all of the official forms - of appeal wiih.the required data thereon and here -with request duplicate copies of said official forms for said purpose, Signature of Appellant Address Dated � 20- �� � DPIS 5102 Applicant Name . . . ...... .. Applicant Address (No., SOW) (City, Town or VENie) Applicant Phone k --�- - 5e Applicant's Business Position: Owner Partner Corporate Officer Business Operational Information (ZIP) Other Type of Facility: Food Pantry_ Soup Kitchen Walk-In Center_ Drop-In Center_ Counseling Center Detention Center Temporary or Short-Term Shelter, Transient Housing_ Substance Abuse Community or Residential Treatment Facility_ Residential Treatment Facility (Correctional Purposes)_ Other Detailed description of the Proposed Use Page 1 of 2 APPLICATION FOR HUMAN SERVICES RESTRICTED USE PERMIT APPLICATION MUST BE COMPLETED IN FULL Da 20 C, Business Name Business Phone # "i �s Business Address (No., Street) (City, Town or Village) (State) (zip) Human Service Facility Address 4ko, i /In Buffalo, New York (No., Street) Business Standing: Private Entity Public Entity_ Applicant Name . . . ...... .. Applicant Address (No., SOW) (City, Town or VENie) Applicant Phone k --�- - 5e Applicant's Business Position: Owner Partner Corporate Officer Business Operational Information (ZIP) Other Type of Facility: Food Pantry_ Soup Kitchen Walk-In Center_ Drop-In Center_ Counseling Center Detention Center Temporary or Short-Term Shelter, Transient Housing_ Substance Abuse Community or Residential Treatment Facility_ Residential Treatment Facility (Correctional Purposes)_ Other Detailed description of the Proposed Use Page 1 of 2 APPLICATION FOR HUMAN SERVICES RESTRICTED USE PERMIT APPLICATION MUST BE COMPLETED IN FULL Business uperation iniormutiul Facility Daysairs of operation Number of Residents to be Housed (if appltcable)--�iL- Number of Individuals Serviced (weekly). Activities/Programs at Facility (des cription) I $ 79]R L x Degree of Supervision at Facility Demonstration Of Need (Why Services are neededfWhy this Location and lete. other Pertinent Information e Applicant Signature Subscribed and sworn to before me this_ day of ,20 Commissioner of Deeds In and for the City of Buffalo, New York Page 2 of 2 000 4.) 1 f Reverend Ronald Sessum, Agent, Use 378 Box St for a HSF (Mas)(no pub hrg ) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NAME e re ADDRESS THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851 -5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. AIP # 137739 ,Application Information Associated- Informatio _ _ _ -- - ......... Type of Work # Plans 0 Declared Valuation 000 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group Actual Valuation 0.00 Sq uare Footage 000 Name CONIMQN COUNCIL AND CITY PLANNING.RECGM NDATtON ONLY REQUIRED. NO CC PUBLIC ! APPROVAL REQUIRED, SECTION 511- 136, FOR RESTRICTED.USE OF HUMAN SERVICE FACILITY, SHORT -TERM SHELTER FOR HOMELESS WOMEN, IN A 2.5 STORY FRAME 2- FAMILY DWELLING. PLANS REQUIRED Parent AIP # Project # Project/Phase Name Phase # Size /Area Size D Property's. to Inform anon Address 378 BOX BUFFALO NY 14211- Location .Owner/ Contact ID AC326242 Name FAITH BASED FELLOWSHIP Mailing Address 378 BOX AVE Organization city BUFFALO StatelProvince NY Zip/PC 14211 Country USA Foreign Day Phone (716)570 -2232 x Evening Phone Fax Mobile # Occupant N From To Owner Y From 04/06/2009 To Contact ID AC65486 Name SANDERS DANIE=L WEBSTER REGINA SAFFOLD SANDERS Mailing Address 7 FIESTA LANE Organization City CARSON State/Province CA ZIP/PC 90745 Country USA [.... Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 .. Linked Addresses No Addresses are linked to t hi s Application AI.P Linked Addresses N Add resses are linked to this A pp li cat i on Li nked Pa resis 101 AfP Linked Parcels ` r :: - — .. els are linked to this Application No Parcels .. . ... .... City of Buffalo _ ..... _..... _.. .... - -- USE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 4949 Fax (716)8551 -5472 ._. . ... .... _.. Report Cate 04/08/2009 09:13 AM Subm itted B DAV ID GRUNDY Page 2 RppEicant5lContacts No Applic Co ntacts Gtsntractais Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNER Phone Fax Address (SEE UNDER APPLICANT) Comments No Comments Contact 1t3 Name License # °C 000000 DM1 AC12792 OWNER OF PROPERTY 0000000 PLU AC122429 OWNER 111111 HCQ AC12792 OWNER OF PROPERLY 222222 SPC AC123700 OWNER 000000 HIM AC12792 OWNER OF PROPERTY Check Fees APPLICATION FEE ($25.00) ZONING BOARD FEE ($75.00) Check Inspections Check Reviews 454243 FPIAN FIRE PREVENTION PLAN REVIEWREQ 454244 PLAN REV - REVIEW REQUIRED 454245 ZONVARI ZONING BOARD VARIANCE REQUIRED Check Conditions Check Alert Conditions Check Licenses HIM Check Children Status Check Open Cases Case # 149098 Foes Failed Unpaid Unpaid Inspections Successful Reviews Failed Incomplete Incomplete Incomplete Conditions Successful Alert Conditions Successful Valid License(s) License Valid Children Successful 1 }=i�8S Status Pain Date .Amount Plans Review Required Revisions Required [ __] Simple Plan Review by Permit Office Revisions Required for Simple Plans [) One- and Two - Family Plan Review (,) Revisions Req'd for 1- and 2- Family Multiple Dwellings Plan Review ❑ Revisions Req'd for Mult. dwellings Building Code Review ❑ Revisions Req'd- for Bfdg Code Rev. Citywide Site Plan Submission Check ❑ Revisions Req'd. for Citywide Site [.� Sewer Code Review ❑ Revisions Required for Sewer Plans [.] Plumbing Code Review [) Revisions Required for Plumbing (] Electrical Code Review [,] Revisions Required for Electrical [) HVAC (Mechanical) Code Review [..._) Revisions Required for HVACIMech. ] Elevator Code Review [.) Revisions Required for Elevators Fire Code Review (] Revisions Required for Fire Bureau Ch")i Conditions Condit ion Ap royal ; Approved By Approved date Applied By Applied Date Assigned :. upervisar Re ir Gainnts u Mo 9:.. _ __. No Conditions AI R # AIP Type Status Stage Relation -_._ No Rec for This Search Criteria CHANGE OF USE ❑ Work done by owner Zoning Board 04/08/2009 08:59 Residential ❑ Work without Permit (FINE) �] Commercial ❑ Multiple Dwelling FLAT FEES Existing Use 2-FAMILY DWELLING New Use SHORT -TERM SHELTER FOR HOMELESS WOMEN Dwelling Units Lost 0 [_] Electrical Dwelling Units Added 0 [_) Plumbing [) Heating Debris City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 USE Building Application Report Hate 04/08/2009 09.13 AM Submitted By DAVID GRUNDY Page 4 ( 'LICDOC Business Ni B i Da { 20 4 ) Business Phone # „,V . / IIS aces ,�.� ua.,aa r (NO., Street) (City, Town or Village) (State} (Zip) Human Service Facility Address 79 130,A Buffalo, New York e (No., Street) Business Standing: Private Entity Public Entity Applicant Name C � , ""- Applicant Phone V Applicant Address (No„ street) (City, Town or Village) (state) (zip) Applicant's Business Position: Owner Partner Corporate Officer . Other Business Operational Information Type of Facility: Food Pantry Soup Kitchen Walk -In Center Drop -In Center Counseling Center Detention Center Temporary or Short -Terra Shelter Transient Housin - Substance Abuse Community or Residential Treatment Facility Residential Treatment Facility (Correctional Purposes) Other Z" Detailed description of the Proposed Use ' " i Page I of 2 "PLICATION FOR :tlUN ii SERVICES RES T RIC TED USE PERMIT J . j APPLICATION MOIST BE COMPLETED IN FULL Business Operation Information — 7 - -, ) ! U � Facility Days/Hrs of Operation l _J 1 t i � ►� r" �"` Number of Individuals Serviced (weekly) Number of Residents to be Housed (if applicable) Activities/Programs at Facility (description) i De ree of Supervision at Facility A l W.4- g f Defflonstratl ii Of Need (wiry Servic acre aeeded/why t4ia Location sad etc.1 �, kq Other Pertinent Information Applicant Signature Subscribed and sworn to before me this s - ri - I day missioner ,'Deeds in and City of Buffalo, New York Page 2 of 2 OOLA: MCDOC Business APPLICATION FOR HUM" SERVICES RESTRICTED 'SE PERAMT APPLICATION MUST BE COMPLETED IN FULL Date r m 2 Business Phone U0 Ue09 (No., Street) (City, Tow1► or Village) (State) (ZIP) Human Service Facility Address I buffalo, New York (No., Street) Business Standing: Private Entity 4 Public Entity Applicant Name — Entity_ ApplicantPhone # . ........ Applicant Address 70 (No., Stme (City, Town or Village) (State) (zip) Applicant's Business Position: Owner Partner . C officer_ Other. Business Operational Information Type of Facility: Food Pantry Soup Kitchen Walk-In Center � Drop-in Center Temporary or Short-Term Shelter— Counseling Center Detention Center Transient Housing Substance Abuse Community or Residential Treatment Facility Residential Treatment Facility (Correctional Purposes)— Other Detailed description of the Proposed Use Page 1 of 2 Business Operation information Facility DaysfHrs of Operation Number of Individuals Serviced (weekly)- Number of Residents to be Housed (irapp I licabi Activities/Programs at Facility (description)--A 7 Degree of Supervision at Facility, A V0 e, p4- Demonstratigg Of Need (why Services are aceded/My this Location end etc.) 41 Other Pertinent Information Applicant Signature Subscribed and sworn to before me this q-rT1 day wftstone�r��Deeds In and for City of Buffalo, New York Be :6 WV 8-. 8dV 6001, Page 2 of 2 Mill Wo d 3 -1!_ 1 000'0 J. Powers, Agent, Use 26 Wyoming for a Human Service Facility (Mas)(no pub hrg ) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NAME Og'A TRNT THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD, MESSAGE TO APPLICANT: PLEASE CONTACT .BILL GRILLO OF THE CITY PLANNING BOARD (851-5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. (" � -A City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 04/01/2009 11:29 AM Submitted By JAMES CARR USE Building Application Page 1 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (Y 1 &)851-4949 Fax (/ 16) 851 -5472 USE Building Application Report Bate 04/01/2009 11:29 AM Submitted By JAMES CARR Page 2 Appttcants/Contacts Primary N Capacity OWNER Effective Effective Expire Name VESTA COMMUNITY HOUSING Day Phone (716)842-6263 x Eve Phone Pager Phone PIN # Fax Address (SEE UNDER APPLICANT) Mobile E -Mail Address 72 SYCAMORE ST DEVELOPMENT BOARD, I T ype orltact if) BUFFALO, NY 14203 USA 000000 Comments AG12792 OWNER OF PROPERTY No Comments PLU Primary N Capacity APPL Effective AC12792 Expire Name JACQUELYN GENTILE AC123700 Day Phone (518)377 -2448 x202 Eve Phone Pager OWNER OF PROPERTY PIN # Fax (518)377 -4014 Mobile E -Mail Address 426 DUANE AVE SCHENECTADY, NY 12307 USA Comments JAMES A POWERS, LOCAL REP, 632 -8021 Contact ID A030B940 [) Foreign Organization Position Profession Contact 10 AC329679 (:) Foreign Organization VESTA COMMUNITY DEVELOPMENT Position Profession Primary Y Capacity Type Effective Expire Contact 10 OWNER Name OWNER Phone Fax Address (SEE UNDER APPLICANT) Comments No Comments Ll1 Gs Eise ## - =° T ype orltact if) Ndtm - — - 000000 DM1 AG12792 OWNER OF PROPERTY 0000000 PLU AC122429 OWNER 111111 HCQ AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNER 000000 HIM AC12792 OWNER OF PROPERTY ZONING BOARD FEE APPLICATION FEE P 04/01/2009 11:24 U Total Unpaid 25.00 75.00 25.00 Total Paid 75,00 453304 ZONVARI 0 N City of Buffalo 65 Niagara Square Buffalo. NY 14202 (716)851 -4949 Fax (716)851 -5472 USE Building Application Report hate 04101/200911:29 AM Submitted By JAMES CARR I Page 3 No Conditions ❑ Work done by owner Inning board Residential [� Work with out Permit (FINE) [] Commercial [,] Multiple Dwelling FLAT FEES Existing Use RECTORY New Use HUMAN SERVICE FAG., HOUSING FOR 8 VETS Dwelling Units Lost 0 0 Electrical Dwelling Units Added 0 0 Plumbing Heating Debris No Employee Entries No LOU Entries CITY of BUFFALO EDPIS 7106 DEPARTMENT OF PERMIT er INSPECTION SERVIiEM Byron W. Brown, Mayan j Richard K Tobe, Commissioner Date Filed r [ fOC Appeal from the Decision of the Department of Permit and Inspection Services TO dw Board°f °'+iFFw&. An appeal is hereby taken from the decision of the Commissioner of Permit and inspection Services '; t( 1 20 ja a copy of which is attached, for the purpose of reversing or modifying said do aision to affect a variation from the requirements of the Zoning Ordiaance, so as t o permit the: + n, n,� i - ,. Erection Extension, Alteratio Convelsio f �� l�t( , I ( UjTd t/ 1=C Gf (( __ r-0 `(C l L<( r- I' "Gr GPI i ---- accordance with the application and plans filed with the CommissiondIr df Permit and Inspection Services, as herein below described: No. _ __ �, 6 _ LV I V 01' V b 16 )St. on Nortb/South/East e - ide of said 6"At. Distsn L Ft. #9;Aoutb/East/West of Ave Name of Appellant V rc y - L Gtlt fi V : A ddress - 0 (/ ' �� i� C �! r t 7Fti R y Name of Owner f L ( ' - A ddress _. _. �, Size of Lot __ ft. front x / K ft . or if irregularsee plat). Front yard to be 3 ,z' ft Side yard to be t- ft. Depth of . Rear yard to be �ft width of Side 'yard to be Z'- ft - CHARACTER AND USE EXISTING BUILDING PROPOSED BUILDING Size of Building } front x .S`, ft.deep ft. front x ft. deep Height ft. G f stories ft, stories Character of Construction Frame Slow- Burning - Brack; etc: F' roof Frame Slow Burning Back, etc. "ireProof Am there any private restrictions as to uses and yards, setbacks or building lines on this property? (If so attach copy) Zoned as _ -Ll- Has there been any previous appeal to this Board for these premiss? /t/() If so, when and further, if so, is theme now any new evidence to Be submitted which could not be presented at the previous hearing? Attached hereto and made a part of this appeal, are submitted all papers as required. STATE OF NEW YORK COUNTY OF ERIE SS. MX DE BUFFALO. A444:- - - - - -- baWBdidy =)am fim4 4-pw andsays that hekas iHSS SUeVFY WAS A9 [pp L'FU WtIN[1111 THE P¢NEFIT OF A CUpttFNS L'. �DST2ACT O+ M. Li it F'y i5 }UQ;j :G ANV STATE OF Gi,C11 THAT MAY 8F QW01.0 Ov AN EXAMINATION OF SAM F. Fence 43 FnAC B 1 1-1 11 1 4O o BRICK GARAGE �3 92,75' I MOSELL.E [GI W IDE) STREET - 228.69' WY OMING [60' WIDE) AVENUE (WYOMING STREET) BLOCK "A "- -MAP COVER 421 PART OF LOT 52, TOWNSHIP 11, RANGE 7 CITY OF BUFFALO ERIE COUNTY, NEW YORK N h W Framc Encleced 23.93 W r 2 N igom WTO CU ED IT BRICK BUILDING m r .': 0 � nm 7.7 Z � ��•':' —_e _�.. C7 8 l No. 2G 2 O . � n � l p O 29.98 I•..I in w FT, 50.43 P SI00 L7 n Ln rn �„�F� r� mm 92.75' � 222.52' WY OMING [60' WIDE) AVENUE (WYOMING STREET) BLOCK "A "- -MAP COVER 421 PART OF LOT 52, TOWNSHIP 11, RANGE 7 CITY OF BUFFALO ERIE COUNTY, NEW YORK N h W 4 nay {., Somieuberger IMFFFI Surveyor S.V.S. Me - Nn, 0 3093 60 n1.q;NYil st"re Hilve. 143, Ncir Yolk IFIFnngi: 716 -11 :v4 -111 59 Ftm: 716 - 1154 - 1 1! 3 5cole 1" - 20' Dole APRIL S. 2(307 shoe, 60704 -9 mf 07•'143 A COPYAIGHT 2007 uc ED m 0 cfl n Oz 50.43 L7 n Ln r� mm � � A K ti Iq 1 — O � U 4 nay {., Somieuberger IMFFFI Surveyor S.V.S. Me - Nn, 0 3093 60 n1.q;NYil st"re Hilve. 143, Ncir Yolk IFIFnngi: 716 -11 :v4 -111 59 Ftm: 716 - 1154 - 1 1! 3 5cole 1" - 20' Dole APRIL S. 2(307 shoe, 60704 -9 mf 07•'143 A COPYAIGHT 2007 OOL APPL[r -DW APPLICATION FOR HUMAN SERVICES RESTRICTED USE PEIcMI r Date A P)c- / e-- / -2 o & 1 9 l C 7 r ' 3 Business Phone G �° : i !� , Business Name f C t Business Address 4 9 ,�f ►`b�� Y �� r�� j (No., Street) (City, Town or Village) (State) (Zip) Human Service Facility Address ��/'� ��� Buffalo, New York (No., Street) Business Standing: Private Entity --, Public Entity Applicant Name V, ! 1( CePz r/ N e Applicant Phone # Applicant Address 4-49 o ,6 / 6 G 1 ZLI //.. (No., Street) (City, Towa or Village) (State) (ZIP) Applicant's Business Position: Owner A Partner Corporate Officer Other Business Operational Information Type of Facility: . Food Pantry Soup Kitchen Walk In Center Drop -In Center Counseling Center Detention Center Temporary or Short -Term Shelter Transient Housing X Substance Abuse Community or Residential Treatment Facility Residential Treatment Facility (Correctional Purposes) Other Detailed description of the Proposed Use r 7v�tr- i'��.SG }/ !' 4 / fT_✓[61 �Gl�wl .'- �J7 �d-y�U Page I of 2 APPLIC MUST BE COMPLETED IN FULL C ITY OF BUFFALO DEPARTMENT OF FC aNu► wxIIC Byron W. Brown, Mayer Richard M. Tobe, Commissioner NOTICE OF APPEAL (To . be filed in duplicate with The Commissioner of the Department of Permit and inspection Services, who will forthwith transmit to the Board of Appeals all papers constituting the record in the matter or, in lieu thereof, certified copies of same.) r Apellant. FRO � G'tld Gentlemen: Concerning the Application dated E4 V" 26 _. For BuildipM, Permit. At Promises V ` Which was Ve�Cxw ed by ke� Commissioner of permit and Inspection Services , .. 20 The reason for Appel From the (de Grant is under section U— paragraph -- ---- -- - _ _ . ,.... A A / . ; zi'� A !!-° y � G[ o f C E _ - 0, r Pk - s PERMIT & INSPECTION bhKV i4.,ea r ( "l !) . l IUi- This notice of an Appeal from said denial or grant is hereby given within the. twenty days or three days. respectively, as required, from the date of the decision of the Commissioner of permit and Inspection Services. I will forthwith file in duplicate all of the official forms of appeal wiih.the required data thereon and here -with request duplicate copies of said official forms for said purpose. A �} Signature of Appellant Address r►^ . iz /v �? l 'Dated A r X _ DPI5 5102 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only $ART I -PROJECT INFORMATION( To be com le#ed b A licaftt or Pro e� 1. APPLICANTISPONSOR 2, PROJECT NAME 3. PROJECT LOCATION: Municipality ' ) County -' 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) /V 5. PROPOSED ACTION IS: ew ❑ Expansion ❑ Modiffcationtalteration & DE CRIBE PROJECT BRIEFLY: ! 0 f��- X F- � � 1.J Iq VS r C, o . 7. AMOUNT OF LAND /1 F CTED: Initially acres Ultimately acres 8. WILL PROPOSED C ION COMPLY WITH EXISTING ZONING OR OTHER EXISTING [AND USE RESTRICTIONS? Yes RL No If No, describe briefly JtA' � G i✓' 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? E] Other Agriculture ❑ ParkiForest/Open Space Residential E] Industrial 0 Commercial Ag ' Descnbe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes M—No if Yes, list agency(s) name and permittapprovals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? agency(s) A roval: i G�(!�� Q Yes No If Yes, Its a�9en s t� me and a ltlapp 1 (C C 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? Yes N.P. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Date: AFFI Appllcantlsponsorvame: 2 MA,;, S Signature: ' If the action is In the Coastal Area and Coastal Assessment Form bef ! are a state a envy, complete the :edinq with this assessm OVER 1 MIN �7 � �F Business Operation Information z, Fac-lity Days/Hrs of Operation � Number of Individuals Serviced (weekly) Number of Residents to be Housed (if appltcahle) Activities/Programs at Facility (description) Degree of Supervision at Facility Demonstration Of Need (why Services are neeaed/WhY this Location and etc.} ! ?, l5 � iii/ = � F� - fie. �v V A 4 j ,0 6d, V2: A/,� Other Pertinent Information l-' �d M "'vim �/l' 17 -S c� 9 U�.-YAiII AT �3' ✓�/f� � s �f� ;. � � � P� D'Y Ii PP�-a i/. -�'1� f'�?�. /V,�-Y I, yS lC /nJC CIAI b I 5� pz- — 1// ,.8 Subscribed and sworn to before me this LS 3 day 20 0 P .Com»rlsslonerof�eeals -an rthe� (e City of Buffalo, lV w_ York._ ..— 6--- or Applicant Signature Page 2of2 000 It Robert McCune 124 Peabody Street Buffalo N.Y. 14210 (716) 825 -6294 To Whom It May Concern it has been brought to my attention that the proprietor of i 1037 Seneca street Buffalo N.Y. 14210 intends to have garbage and various sorts of rubbish trucked into his facility adding to the already heavy loaded tractor trailer traffic to Peabody Street. Within the last few years I have noticed some of my walls cracking as I believe is due to not only heavy truck traffic but the pounding of the large exuviating equipment used on a daily basis'. I have been a resident and home owner of Peabody Street for 34 years. And have lived in the city of buffalo all my life. I wish to see no business in any community fail. But if the owner of the above mentioned address intends to truck garbage into my back yard. I must and do protest this action and request that if this is in fact his intention every resource be utilized in relocating his business from this location. Sincerely Robert McCune 1 'P } 16 .���'r��iir��C1'l 61'61(-- VAI i A 1 1 C) jf� A- aA - A f J ID C C) kc IC h4l WCV(2 �e) -c -c- (v C c - 66 A n M o v N-,,Ao c - t s l� ' tv L X61 r ti lu L r -p o! 1 IT A - j � f 1.� 1 0 3 f d�'� l 3 !� f tip' c. t �f c c " r 000,2 L. Fumerelle & O- Support Opening; of Deli 332 South Elmwood(Nia) � REFERRED TO THE COMMITTEE ON LEGISLATION 1. We The undersigned are in support of the opening of the proposed deli at 332 South Elmwood r rn %i We The undersigned are in support of the opening of the proposed deli at 332 m South Elmwood 1 DATE 1 NAME // (ADDRESS A 1 1 l l � U',T C. cY ray .7 & ........ y 1. ILI- _ Py t\ j- i r t 3�oJ C. l ( 3 4 Q _ ..... ...... We he undersigned are in support of the opening of the proposed deli at 332 South Elmwood We The undersigned are in support of the opening of the proposed deli at 332_ C h Elmwood lis f 0 0 0 1. M. Drennan & O-Say No to William St Slaughterhouse REFERRED ON ION. /� j SAY (� TO THE WILLIAM STREET SLAUGHTERHOUSE PROPOSAL First Name. Last Namem.: i Signature:. ;add ress Date f 7 4 4� 29 2- ci Pi(--v I Y%I- A Tto e) L jF (441, tlrl��k 41":. ... ....... ............ -2 SAY ' TO THE WILLIAM STREET SLAUGHTERHOUSE PROPOSAL First Name Last Name Sgrtattire Address Date n. • 7 � � e / car 7 . �! 7 / �0 l� �_.� ram .._,� -, -- - %�,� --'y .�,..� Gj✓� r �' ,., n rs -- -- ' � r° i_ .:• vim ✓' i l -- t�C SAY )� TO THE WILLIAM STREET SLAUGHTERHOUSE PROPOSAL -- First Nanie . Lwt Nam igna + re Address D te wall zav U rw° J--t � ..j wall � ..j M,.�... ,�...w•AIA � �a e a � �/� � ,. �� • w t� J�' 1.. �_ _�_ �.o _ irk , �� C 1 A SAY � TO THE WILLIAM STREET SLAUGHTERHOUSE PROPOSAL � First Name last Na Signature Add r�s� Date: Z'z;Lz f 05 C �_;, ^,. r ��`°' � ",..� `� � �j ' ., �� r � , - �., ��.�. � �'y •yam .. Icy "�'�� Y > -�Y�' " � Y � 3 l« LX L LI Y �,K !'^ �✓VJ a" '. '� ' ✓ "�./ ' !' S; ! 5 8.,•i f J' J / , J I '�, 11',r ; ,1 ° ' `'� r "� f � t �.l Au' pS f `L ✓ ni �+ y f a 1 SAY SLAUGHTERHOUSE PROPOSAL TO THE WILLIAM STREET a rs ' Nana am ignature Address Dat CA - _ SLAUGHTERHOUSE PROPOSAL SLAUGHTERHOUSE PROPOSAL SAY TO THE WILLIAM STREET SLAUGHTERHOUSE PROPOSAL SAY TO THE WILLIAM STREET SLAUGHTERHOUSE PROPOSAL SLAUGHTERHOUSE PROPOSAL SLAUGHTERHOUSE PROPOSAL Firs Name Last Name Add r ess mte r cl i rL i c� i /' i �� c :^ , r A46 au L t � �' .] E �WI r Y Y � ' . � t �I� � 1 / � 1 ...r�T✓� .f�uaa�erG V ...��a �V wj yi o kl 14 22- 1 LlZ 4 . ... . ...... t I SAY TO THE WILLIAM, STREET SLAUGHTERHOUSE PROPOSAL First Na .. N S ignature- �iddr Date y"��� � � �`- .2% � rim_ :�� ° �° ��-� -' �� �c;'' d`✓ �� r I .' ki 3 `?� /Lf ✓i F � d f�� !�tJ� L e ([J d r J M, 1 , 1 1 1 le / -1 p / / _ r1 1 L 7 5 +f "'Y - ,. �� � i� ?. c?_ �� } q + <- i� Ypf.J�6.tJ6 �� r rte 3 y s'l 'Ile., s - 3 �- .-- 19�2 f SAY TO THE WILLIAM STREET SLAUGHTERHOUSE PROPOSAL First Name Last Name , S ig nature Address pl at e. t fk f �G o✓ �� V l! o EEE ✓d' / /!� f • L t C SAY TO THE WILLIAM STREET SLAUGHTERHOUSE PROPOSAL � ��� ��: � ';� SAY TO THE WILLIAM STREET SLAUGHTERHOUSE PROPOSAL r f SAY TO THE WILLIAM STREET SLAUGHTERHOUSE PROPOSAL SAY TO THE WILLIAMSTREET SLAUGHTERHOUSE PROPOSAL First IN a in e. Last Marne: .... .. S ignature Address Date r p�lj . ... .. .... ..... .. M—M q4 j * 2e>n P2,4x��� kA V f4� ILL, . . . ..... . .. .. .. . t -A V d lv(e, j t d Ll/ p�lj . ... .. .... ..... .. 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Rf TO THE WILLIAM TREET SLAUGHTERHOUSE PROPOSAL l n �� - - T7 Jali .;� . - ' Ile ,R 5, C ♦ . �� r r G_0 C, �a 7 //// zz IL g--- _ I ILA- %/ -�v v Add reSS Sate 1 1C �l� A � � f 3 C-7 •o ; , Yi1),�'��t'- k %/ -�v v SAY TO TIE WILLIAM S SLAUGHTERHOUSE PROPOSAL .. F irst tV Last Name 5ignaiEure Add pate I e ll �al T7 f ^ 9 � ✓ -+ .lYr..i'+ d' �,.,,d��..+4' °wJ ! F y �� F !J.w. ✓ � y +rY' Y � L..NL'� V$ �„ .'1 :P * ..,,. ""' _" i E t - `� f '. �✓ S yr µay r , �'� � [� ;� t } }' "`� �ar^°r\�`tI',,` � �`.� � `.'. �`c���"C: vK' �`�: 1 ; ,,tip "iM'��"� Y �� .✓�:y 1 ,1ti k ' �� /./� % .,� ��� �J �7' i�� /Y,"� •;� ."w,Z � Cis �—°� � .. .... j `' NO - P-- N 1►J SAY TO THE WILLIAMSTREET SLAUGHTERHOUSE PROPOSAL tf Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) 0005 Notices of Appointments - Temp /Prov /Perm CcpH 36,3/31 That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service FINANCE (Michael P. Kearns, Chairman) 00055 Restore NY Communities 11110a0 VC MLIJ iCipal Grant Progral» (Item No. 108, C.C.P., Mar. 31, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Mayor be, and he hereby is authorized to execute any and all documentation necessary to apply, accept and administer the Restore NY Communities lrnitative grant funding. Passed. 0 VO i +. n « ..� {ter. [_(r Recommended by t e Committee on Financ Chairman � b c TAKraw T:\wp60\msword\miv\ [ 08c3 - lc *AYE* NO DAVIS * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH * * * [ MAJ - 51 * 0 [213 - 6J [314 7] 0005 y Second Quarter Gap Sheet -2008- 2009 (Comet) Cop# 9, 3131 That the above item be the same and hereby is Referred to the Committee on Budget ADOPTED 9 Recommended by the Committee on Finance f� 0005 Conditiofi of Cazenovia Park and Casino (Item No. 45, C.C.P., Mar. 31, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the above - mentioned item be and the same is hereby r �i nrdsfflud. Cw Adopted. Recommended by the Committee on Finance Chairman "rAB;rf]ly '[':Iwp6O\;nswordVnM45c3 -31 c ®00!5's 1 Bflo Water System Monthly Report -Feb 2009 Ccp# 31, 3/17 That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 0/9 00050 iiEMA Award fJfV]W- 2008- .F(.) -10698 Assistance � to Firefighters Grant Program (Item No. 20, C.C.P., Mar, 3, 2009) That the Commissioner of fire be, and he hereby is authorized to accept and expend the grant award of $948,000.00 from FEMA's Assistance to Firefighters Grant Program. The City of Buffalo will provide a 20% match to secure funds, the matching portion of the award is $189,600.00. funding will be provided from the clothing budget of the Department of Fire. Passed. t Recommended by the Committee on Financ - L Chairman TAB a-mv TA—,vp60\insword\rmv\2Oc3 -3 e *AYE* NO * DAVIS * * F'ONTANA * * * ERANCZYK GOLOMBEK KEARNS LOCURTO * * RIVERA RUSSELL * �` SMI'T'H * T [-------- - - - - -] [MAJ- 5 1 * * 0 *_ [2/3 - 61 [3/4 - 7] OOOVO BLS Course Sponsorship & 111stabhshinf, of New Revenue Accounts (Item No. 31, C.C.P., Dec. 9, 2008) (Item No. 50, C.C.P., Mar. 3, 2009) That the Commissioner of Fire be, and he hereby is authorized to request permission to establish new revenue accounts to allow the Department to receive and disburse funds accordingly as a Basic Life Support (BLS) Course Sponsor. Passed. Recommended by the Committee on Financ Chairman TAB:rmv TAwpMatswordVmv1500 -3c 'l *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO * * RIVERA RUSSELL SMITH * T' (-------- - - - --] [MAJ- 5] * * 0 [ 2/3 - 6 ] * '� [3/4 - 7] 00061 BLS Course Sponsorship & Est New Revenue (Comet) f Ccp# 9, 2117 That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 00062 M. Mortenson- Request Extension or New Lease -Tilt Nature Preserve ( #36,2/3) Ccp# 70, 10/14 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) 0 - 00G3 M. Kearns -M. Razznus- Concerns -NFTA Abbott Road Bus Concern. (943,3/31) That the above item is hereby referred to the Special Committee on Transportation. ADOPTED Recommended by the Committee on Community Development �i 00OG4 M. LoCurto -City of Buffalo Block Grant Program ( #41., 3117) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development e 400E M. Kearns -M Overdorf- -NFTA ROW Parcels from .Michigan to Smith St ( #34, 3/3) That the above item is hereby referred to the Special Committee on Waterfront. (', v i n �'' ADOPTED Recommended by the Committee on Community Development \� ----3 00000 Results of Negotiations -- 263 Orange (Item No. 9, C.C.P., Jan. 20, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golornbek moved: That the offer from Ms. Mattie Davis, residing at 255 Orange Street, in the sunn of one thousa d and nine hundred a 1, . 900.00) for the purchase of 263 Orange, be and hereby z accepted; and That tl transfer tax, rebording fees acost of legal description call be paid by the plrrchaser• nd That the ice of Str tegic Planning be authorized to prepare the necessary documents for the tra title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. Recommended by the Committee on Community Development Chairma TAB uv '1'A%vp6Mmsword\rnnv19c L -20c Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED 000G'7 Results of Negotiations 288 Seventh (item No. 10, C.C.P., Jan. 20, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the off ' from Mr. Jose Castillo, residing at 187 Plymouth, in the sum of two thousand and eight undred dollars ($2,800.00) for the purchase of 288 Seventh, be acrd. hereby is accepted; nd That the tranr tax, recording fees and c� t of legal Ns criptia shall be paid by sc the purchaser; and rr That the Office 6V Strategic Planning b authorized to prepire the necessary documents for the transf of title and that th Mayor be authorized to execute the same, in accordance with the tears of sale upon ich the offer was submitted. Passed. Recommended by the Committee on Community Development, Chairman rnri:anv T:%wp601mswordVtnv110c 1-20c L� Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED 00©68 Results of Negotiations -- 628, 630 and 634 ]'last North ,Street (Item No. 13, C.C.P., Dec. 23, 2008) (Item No. 43, C.C.P., Jan. 20, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the offer from Mr. Alonzia L. Stevens and Mrs. Lena D. Stevens, residing at 618 E st North Street, in the sum of five thousat an our hundred dollars ($5,400.00) for th purchases of 628, 630 and 634 E. Not Strect, be nd they hereby are accepted; and i That the transfer takes, recordin fees and cost of leg d iptions shall be paid by the %Tha ser; and e Offi ce of Stratc is Planning be authorized to prepare the necessary documents fort transfer itle and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. Recommended by the Committee on Community Development / Chair#nan TARr,mv TAwp601nsword\rmv\43e E -20c 1, i ( r ice-'` Mr. l_,oCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED 000G9 Req legal Ruling Re Hazardous Condition of Properties Owned By PBA (Busti) ( #39, 10128)( #69, 11112) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development I�c> LEGISLATION (Joseph Golombek Jr., Chairman) 000 '7 0 S. Tocquie, Petition to Use 688 E..Dclavan for a 13eauty Parlor (Item No. 52, C.C.P., Mar. 31, 2009) r That after the public hearing before the Committee on Legislation on April 7, 2009, the petition of S. Tocqule, owner, for permission to use 688 P. Delavan Avenue for a two -chair residential beauty parlor be, and hereby is approved. Passed. Recommended by the Committee on Legislation thairman TAB: rrnv t:\xvp6G\iiisword\:r I c.doc l� *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [-------- - - - - -] [MAJ- 5 ] [2/3 - 6] [3/4 - 71 * * p * 00071 S. Schneider, Petition to use 427 Delaware Avenue for a Patio {Item No. 53, 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 S. Schneider, owner, for perrmssion to use 427 Delaware Avenue for a 20' wide x S' deep patio at the front of a restaurant be, and hereby is approved. Passed. Recommended by the Committee on Legislation jof� Ch irman �4-- TAB:rmv (ANvp60\msword\xrnv\53c3 -3 t cAoe C� t,onumons 1. License is for current Owner Only 2. License cannot be transferred if Business is sold or if another Operator takes over *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * RIVERA RUSSELL SMITH * * * [ ------------- I [MAr° 5] [213 6] [3/4 - 7 ) * * * * * p * 00072 13. Vaillancourt, Petition to use 7 Michigan South Fora 1. Story Masonry/Metal Panel Addition (Item No. 55, 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 B. Vaillancourt, owner, for pennission to use 7 Michigan South for a 1 Story Masonry/Metal Panel Addition be, and hereby is approved. Passed. Recommended by the Committee on Legislation 1 � Charrinan 7 TAB:rmv tANvp6ftiswordVnnv155c3 -3 E c.doe P ) '-)� *AYE* NO * DAVIS * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * * RIVERA RUSSELL SMITn [ ------------- [MAJ- 51 [2/3 w 6] [3/4 - 7) * * Q * 00073 T..Briatico, Petition to use 518 Niagara for an Outdoor Patio (Item No. 56, C.C.P., Mar. 31, 2009) That the above item be, and the saine 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 T. Briatico, agent, for permission to use 518 Niagara Street for a 27' x 34' patio to the side of an existing sit -in bar /restaurant be, and hereby is approved. Passed. Recommended by the Committee on Legislation Chairman TAB:rmv t:A%vp i0lrnswordl:nnv15Gc3 -3 E c.doc C l_,onuILl01 "is 1. License is for current Owner Only 2. License cannot be transferred if Business is sold or if another Operator takes over Ii *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO * * * RIVERA RUSSELL .AVI.1.l," T m [-------- - - - - -� [ MA3 - 5 * 0 ' [3/4 - 7) 00074 B. Davis -Days Park Block Club Against Renewal of License 309 Hudson (Ell)(EDPI) (427,3/31) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation f w v� 00075 Food Store License -- 721 Tonawanda (Item No. 29, C.C.P., Mar. 31, 2409) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and lirspections Services be, and he hereby is authorized to grant a Food Store License to Sami Abdulla located at 721 Tonawanda (Sammy's Discount) r _0 Wt to Recommended by the Committee on Legislation CU man TAB:rmv TAwpMmswordlrmv1290-31 c.doc k L 1)�� t *AYE* NO * DAVIS * * FONTANA FRANCZYK * '� GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH * =� . ........... * * ------------- [MAJ_ 5 * "j * 0 [ 2/3 61 [3/4 - 71 00077 M. Kearns -M. Ryan- Quality of Life Concerns Need to Enforce Law on Unlawful fosters (ccp# 44, 3/3 1) Mr. Golonibek moved That the above mentioned item be and the same is hereby referred to the Special Committee on Police Oversight ADOPTED Recommended by the Committee on Legislation i �- 00077 G. Ziolkowski -Shut Down of T.J. Dulski Community Center (#50, 313 l ) That the above item be the same and hereby is Received and Filed. ADOPTED t Recommended by the Committee on Legislation r' ®9078 B. Davis -Days Park Block Club Against Renewal of License 309 Hudson (435,3/17) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation. r F 00079 ,V. After Action Report Winter Storm 12119 thru 12122 (PW) (# 13, 2117) That the above item be the same and hereby is Received and Filed. r1111918INF, Recommended by the Committee on Legislation �l P 0000 A. Swingler, Petition to Use 2 67 Niagara ,Street — 2 Floor Apt. Temporary Mousing for HSF (Item No. 36, C.C.F., Feb. 17, 2009) t�` f 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 r��d -.ficd. Recommended by the Committee on Legislation = J.� �C airman TAB:rmv t:lcvp60 imm)YArniv136c2- 17c.doc *AYE* NO * DAVIS * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * * RIVERA RUSSELL SMITH x * � [ ------------- [MAJ- S] [ 213 - 6 ] [314 - 7] * * 0 * 00081 Vulcan Supportive Apartments, Petition to Use 311 Vulcan fora Human Service Facility (Item No. 39, C.C.P., Feb. 3, 2009) (Item No. 61, C.C.P., Feb. 17, 200 9) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: t, u That the above - mentioned item be and the ,saim is hereby re Bled. Ae~opterl � f ". '` 'Oj Recommended by the Committee on Legislation tJChairman TAB:rmv t:hvp60\ nsword):nnv\39c2- 3e.doe Y b 4 ,;I *AYE* NO * DAVIS * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * * RIV_ ERA RUSSELL SMITH * * �-------- -- -- -� [MAJ- 5 * * 0 [2/3 - 61 * �' j3/4 - 7] 00082 HRM Ray NYS Leg to Approve Bill Amending V & T .Law Regarding Civil Liability of Vehicle Owners for Traffic Signal Violations in COB (#6$, 2117) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation v� 00083 Resp -Req NYS Leg to Approve Bills Amending V & T Lary Re Civil Liability of Vehicle Owners for Traffic Signal Violations in COB(Police) ( #22, 3117) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation %�A UU08 r� Traffic Signal Controls and Red Light Running Articles ( #40, 313) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation %,L4 U 005 Revised Snow Removal Standard Operating Procedure 2008 -2009 (Mayor) ( #l, 1/20)(#59, That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation �A C AP—a 9 L �0 oo 1A B. Davis -V. Lepera- Outside Patio -88 W. Chippewa (Ell) (975, 12123)( #54, 12129) That the above item be the same and hereby is Received and Filed, ADOPTED Recommended by the Committee on Legislation ! 1 0008 D. Smith -News Articte -City Manager ( #61, 9130) That the above itern be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation —W, i RESOLUTIONS April 14, 2009 00085 RESOLUTION ; '} Sponsors: Mr. Fontana, Mr. Franczyk, Mr. Kearns, Mr. Rivera, Mr. Smith, Mrs. Russell Re: CREATINGr A SUMMARY OF NEW BUSINESS LICENSE APPLICATIONS TO BE POSTED ON THE CITY OF BUFFALO WE13SITE AND FORWARDED TO DISTRICT COUNCIL MEMBERS WHEREAS, The opening of` a new business can have a significant impact on the duality of life of those who live in the vicinity of that business. Often, this impact is positive because residents are provided with an additional, and often more convenient, option for obtaining goods or services. Occasionally, however, the opening; of a new business can have a negative effect on the surrounding community; and WHEREAS, Applying; for a business license in the City of Buffalo involves a multi - step review process and all applications will eventually require Common Council approval; and WHEREAS, The Council Member who represents the District in which the applicant is seeking to open a business frequently first becomes aware of the application when it actually comes before the Common Council for approval; and WHEREAS, As a result, Common Council approval of a business license application is frequently delayed while the appropriate District Council Member does their due diligence to determine whether granting the license is likely to be beneficial or detrimental to the community. This typically includes obtaining input from residents of the community where the proposed business would be located; and WHEREAS, 11'a summary of all new business license applications that are filed with the City was made available, both to the Common Council and the public, specifying the type of license requested, proposed business location, and the name of the applicant, the public would be afforded an opportunity to make comment and the Common Council would be afforded an opportunity to approve or disapprove a business license application much more quickly. NOW, THERFORE BE IT RESOLVED, That the City Clerk is directed to forward a copy of this resolution to the Mayor and Departments of Economic Development, Pernnit & Inspection Services, Management Inl:6rination Systems, and Law for review. NOW, THF,RFORE BE IT FU`I'HER RESOLVED, That the Common Council respectfully requests that the aforernentioned parties provide an opinion on the feasibility of. • Compiling a summary of all new business license applications that are filed with the City specifying the type of license requested, proposed business location, and the name of the applicant, J • filing updated versions of this summary with the City Clerk for review by the Common Council in advance of each of this honorably body's regularly 1 ' scheduled meetings, and • Making an updated versions of this summary available to the public by posting it online using the City of Buffalo website J Richard A. F ontana . � � David A. FranMk Lovejoy District Council Member 1 District Council Member Majority Leader President } Michael P. earns I avid A. Rivera South Dis ll ct Council Member Niagara District Council Member Presiden/ Yro Tempore I" , one A. ith Bonnie E. Russell Masten District Council Member University District Council Member 0008 RESOLUTION , /' U By: Mr. Fontana RE: Excuse Councilmember LoCurto from Council Meeting on April 14, 2009 Whereas: Michael J. LoCurto, Delaware District Councilmember, requests permission to be excused from the April 14, 2009, meeting of the Common Council. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo excuses Michael J. LoCurto, Delaware District Councilmember, from the April 14, 2009, meeting of the Buffalo Common Council. Richard A. Fontana ADOPTED e r C 00090 RESOLUTION By: David Franczyk RE: REDUCED HOURS AT THE BROADWAY- FILLMORE STATION POST OFFICE Whereas: The United States Postal Service (LISPS) recently announced that it would be cutting hours at its branch offices across the country. Also announced was the elimination of positions and staffing levels at branch offices; and Whereas: The USPS has announced new hours effective April 27, 2009, at the Broadway - Fillmore Station. The new office hours would see the customer service window closed on or before 2 :30 p.m. everyday, in addition to being closed during lunch hours. Some residents and businesses in the area have expressed a desire to see the hours open extended to 3:30 p.m. on at least one day per week; and Whereas: Serving the Broadway Fillmore business district and residents of the Bast Side of Buffalo, this postal station serves as a vital part of the community, offering services to businesses in the area, and to residents, many whom do not have cars and may not be able to travel to the other post office locations. The nearest station on William. Street is about two miles away; and Whereas: The impending hour reduction also limits chances for customers to purchase stamps, supplies and services from the post office, thus further reducing revenue producing opportunities for the post office; and Whereas: While everyone understands the need to control and cut costs, a schedule needs to be in place so that the postal service can met the needs of the businesses and residents of the community; Now, Therefore be it Resolved: That the Common Common Council of the City of Buffalo urges the United States Postal Service to reconsider the new proposed window service hours at the Broadway- Fillmore Station, scheduled to begin on April 27, 2009, and to consider keeping the service window open until 3:30 pm on at least one day per week; and Now, Therefore be it Further Resolved: That the Common Common Council of the City of Buffalo requests United States Postal Service representatives meet with the local business community and residents of the Broadway - Fillmore neighborhood to discuss hours of operation at the Broadway - Fillmore Station before any hours are changed. ADOPTED avidanczyk f 00091 No. Appointment Assistant Legislative Aide II By Mr. Kearns The Common Council hereby moves approval of the appointment of Luis A. Reyes 70 Fuller St, Buffalo, New York 14207 to the position of Assistant Legislative Aide II pursuant to Section 27 of the Charter of the City of Buffalo to be effective April 28, 2409. Seconded by ADOPTED. Luis A. Reyes 70 Fuller, Buffalo, New York 14247 (716) 603 -4523 lreyes @ city- boffalo.com CUSTOMER SERVICE PROFESSIONAL Profile More than 10 years' successfid experience in customer service. Solid computer skills. Excellent working knowledge using the NYS Dog Licensing Program. Ability to train, motivate, and supervise Summer Dog Enforcement Enumerators. A team player, ability to work the counter and service birth death and marriage requests. Bilingual, ability to read and translate documents from Spanish to English Synopsis of Achievements Supervised 2008 Summer Dog Enforcement Enumerators Assisted with 595 city residents renewing or licensing their dog for the first time . Worked successfully in all 9 councilmatic districts Currently attend to all Dog Licensing & Renewals via mail & /or in person Employment City Of Buffalo, City Clerks 2008 - Present Intern Supervised Summer Dog Enforcement Enumerators throughout all 9 Councilmatic Districts Submit daily Dog Reports to Deputy Clerk Issue Dog licensing (New Licenses & Renewals) Service Clients daily with Birth, Death, and Marriage requests Update City Dog licensing Data to State System Sabot Latino Restaurant, Buffalo, NY 2005 -2008 Owner Oversee day to day operations Supervise 10 employees Handle all customer service issues and concerns ................ Education Grover Cleveland High School, Buffalo, New York 1985 -1989 ...... .................................... ............................... . References Furnished Upon Request *AYE* NO * DAVIS * * FONTANA * * * FRANCZYK GOLOMSEK K.EARNS LOCURTO * * RIVERA RUSSELL. * * * [MAJ- s] 0 [ 2/3 e 6 ] * N* [3/4 e 7] 00002 Pr. Mr. Kearn Increased Appropriation AIM Strategic Planning That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the. Commnon Council, the appropriation in Strategic Planning for the current fiscal year, be and the same hereby is increased in the sure of $162,000. The increased appropriation will be met from AIM money. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) To: 'Fo meet the increased appropriation as set forth below: 10309006 -- 480000 Strategic Planning - Other Services $ 162 , 000 $ 162,000 4/14/2009 By: Mr. Kearns Increased Appropriation AIM Strategic Planning That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in Strategic Planning for the current fiscal year, be and the same hereby is increased in the sum, of $162,000. The increased appropriation will be met from AIM money. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) $162,000 To: To meet the increased appropriation as set forth beloW: 10309006 - 480000 Strategic Planning - Other Services $162,000 58• i *AYE* NO * DAVIS * LOCURTO * FONTANA * * RIVERA * * * FRANCZYK RUSSELL * GOLOMSEK KEARNS LOCURTO * * RIVERA RUSSELL * SMITH * * - ----- -- - - -- -] CMAJ- 5 ] [ 2/3 - 6 ] [3/4 - 7] * * 0 * * City Clerk's Department BUFFALO April 1 S, 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. Ida. 93 PASSED April 14, 2009 Transfer in Funds Public Works Gerald A Chwalinski City Clerk �v rrs Al By: liar. Kearns Transfer of Funds That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $320,000 be and the same is hereby transferred within the Department of Public Works and said sum is hereby reappropriated as set forth below: From: Engineering 1311 1005 - 466200 — Road Supplies $ 75,000 13112006 — 443100 — Road Repairs $245,000 To: 13296003 — 441004 Buildings - Telephone $130,000_ 13365006 - -- 480000 Telecommunications - Other Services $ 90,000 15030005 — 461106 Streets - Salt & Sand $100,000 APR 1 5 2009 I 43 *AYE* NO DAVIS FONTANA * * * FRANCZYK GOLOMEEK KEARNS LOCURTO * * * RNERA * *_ * * * RUSSELL X31 [ MAJ S ] [ 213 6 ] [314 _ 7] * * 0 * 00©94 By Mr. Rivera RESOLUTION REQUESTING THE ADMINISTRATION HAVE A DRAFT RESTORE NY APPLICATION AVAILABLE PRIOR TO THE RESTORE NY PUBLIC HEARING WHEREAS, Restore NY is a program designed to encourage economic development and neighborhood growth by providing municipalities with financial assistance for revitalization of commercial and residential properties; and WHEREAS, In order to qualify to receive Restore NY funding, municipalities must submit an application to New York State; and WHEREAS, Prior to submission, the program mandates that municipalities seeking funding must first hold a public hearing to discuss the Restore NY application; and WHEREAS, The City of Buffalo has applied for and received Restore NY funding in each round it was available and will apply for the latest round of Restore NY funding; and WHEREAS, The City of Buffalo has been criticized in the past for not taking full advantage of the Restore NY program by focusing too heavily on demolition of abandoned structures and not enough on rehabilitation of salvageable buildings; and WHFREAS, Lack of creativity in projects is often cited as a contributing factor by State officials as the reason the City has historically received only a fraction of funding requested; and WHEREAS, Improving input from the public may be one way the City can find more creative projects to request Restore NY dollars for; and WHEREAS, A public hearing is scheduled for April 14, 2009 at 2PM to discuss the city's application for the latest round of Restore IVY dollars and would be beneficial to the city if interested residents had access to the draft application prior to the public hearing. NOW, THEREFORE, BE IT RESOLVED, The City of Buffalo Common Council does hereby request that the administration: • Have available in the Office of the City Clerk a copy of the draft application for Restore NY funding by 9AM of April 14, 2009; • Place on the City of Buffalo homepage an announcement of the April 14, 2009 Restore IVY Public Hearing immediately and have a link to a draft application by April 13, 2009 at 4:30PM. 1 RE GEMED David A. Rivera Niagara District Councilmember 00005 By: Mr. Smith Council Member Brian C. Davis Excused from Council Meeting Resolved: That Council Member Brian C. Davis, be hereby excused from attendance at the Common Council Meeting of April 14, 2009. ADOPTED t Masten District Councilmember 00096 RE SOLUTION Fay: Mr. Smith 4' RE: Full Disclosure on home Sales in City of Buffalo Preservation Districts Whereas: The City of Buffalo has seven historic Preservation districts: Flanalin Park, Allentown, Delaware Avenue, Linwood Avenue, Linwood Oxford, West Village and Joseph Ellicott districts; and Whereas: The Buffalo Preservation board is charges( with the oversight of preservation districts and all what happens to properties .located in preservation districts; additionally the Preservation Board is to advise the Common Council concerning acceptance, acquisition, option, purchase and administration of property, development rights and easements pertaining to the purpose of the Preservation code; and Whereas: New or .first -time I Tonnes buyers in the City who purchase homes in the Preservation District are subject to the Preservation Code of the City of Buffalo, which has set certain restrictions and requirements for any rehab or repairs, which must be done within the Preservation Code; and Whereas: New or first- tirrne home buyers may not be aware of the Preservation Code of the City or that their property is even in a preservation district; and Now, 'Therefore, Be It Resolved That: The Buffalo Common requests the Preservation Board, Division of Real Estate submit comments to the Council regarding providing; lull disclosure to any homeowner purchasing property in any of the City's seven Preservation Districts, and Be It Further Resolved that the Council would also welcome comments from the real estate community and residents who reside in preservation districts; and Be It Further Resolved That: That the Common Council does here request that the Buffalo Preservation Board and the Division of Real Estate file their comments on full disclosure to city residents when purchasing property in Preservation districts with City Clerk thin thirty (30) days of passage of this resolution; and Be It Finally Resolved That: Copies of this resolution be forwarded to the I) f `ala,,Prescrva 'on Board, John Hannon, Director of Real [:;state, the Western New YA-k oard of I t c� aC A .� ,, C OMMITTEE i 0009 , BY: DEMONS A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties V 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 Glenn E. Belton, Sr. Tina Marie Maglietto Christopher J. Zeth TOTAL 3 ADOPTED = 6-11 00098 BY: DEMONS A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Amy Gardner Timothy Sheldon Daniel M. Salatka Jessica Y. Capps Karen D. Middleton Deborah A. Kantor Bernadette A. Elia Everett Hardy Patricia A. Hover Sharon Sims Fanchon R. Pratcher TOTAL 11 ADOPTED N 00099 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 ' floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, April 21, 2009 at 9:45 o'clock A.M. Committee on Finance Tuesday, April 21, 2009 at 10:00 o'clock A.M. following Civil Service Committee on Comm.. Dev. Tuesday, April 21, 2009 at 1:00 o'clock P.M. Committee on Legislation Tuesday, April 21, 2009 at 2:00 o'clock P.M. Special Committees Committee on Transportation Wednesday, April 22, 2009 at 11:00 o'clock A.M. tPublic Disclaimer All meetin s are sub'ect to chap e and canc ellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be rovided. In addition there ma be meetin s set u whereb the Cit Clerk's Office is not made aware therefore unless we receive notice from the res ective Chairmen we can and make notification of what we are made aware. n(}�_(�� - � t: i �r No. Adjournment ' On a motion � n b Mr. Fontana, Seconded. by W �s, the Council adjourned at GERALD CHWALINSKI CITY CLERK April 14, 2009