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HomeMy WebLinkAbout09-0331CORPORATION PROCEEDINGS COMMON COUNCIL CITY 11AL,L, - BUFFALO TUESI7AY, March 3I, 2009 AT 2:00 P.M. Present - -- David A. Franczyk, President of the Council, and Councilrnernbers: Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell & Smith - Absent —Nofte t,.,() r, 0 f, y �) ' On a motion by Mr. Fontana,- 4econded by Mr. Kearns, the minutes of the stated meeting held on March 17, 2009 were approved. [ -------------- [MAJ- 51 [213 - 6] [314- 7] March. 31, 2009 *AY :* NO DAVIS IzONTANA °RANCZYK GOLOMBEK 1 KEARNS I_,OCtJRTO6 RIVERA RUSS13LL, SMITLI * * * * * * 9 * 0 * * * March. 31, 2009 Y FROM THE MAYOR March 31, 2009 00001 f r'3 t �J, ada N% 1 ✓> E i� P p t p iblarch 20, 2009 ,\/Ir. David S. Dealt New York State Department of Environment & Conservation 270 Michigan Avenue Buffalo, New York 1 203 0 of - �� j T( t` fit, rc) A PP1._ l CA l cif 1 �c) 9 , (5 f_vvrl- C- jvfr. Steven J. Dolc-ski New York. State Department of Environment &. Conservation Division of Fnvirorijuental. Permits 270 Michigan A vcnuc Buffalo, New York 14203 Dear 11!lr. Denk & Mr. Doleski I am writing to express my opposition to the application currently pending with your office for a solid waste transfer facility at 1037 -1 055 Seneca Street, Buffalo, New York. `hhe City of Buffalo has a long history of attempting to improve conditions for residents living in the neighborhood surrounding this site. Granting the application for a solid waste transfer station would disregard the City's lengthy efforts to improve the duality of life in the neighborhood and conflict with the legally adopted plans of the City of Buffalo. In 2005, the City of Buffalo adopted the Seneca - Babcock Redevelopment Project Urban Renewal Plan. ']'his Plan includes 1037 -1055 Seneca and the surrounding neighborhood. The Plan was adopted to address the blighting influences in the neighborhood and stimulate revitalization and redevelopment. In furtherance of these objectives, the Plan specifically prohibits solid waste transfer stations. The Plan prohibits activities like solid waste transfer stations because there is a significant residential presence in the neighborhood. In fact, several residential. properties abut 1037 -1055 Seneca Street and a Boys and Girls Club is located in close proximity. These property owners, as well as others in the neighborhood, stand to suffer greatly frorn the processing of putrescible waste at the site:. The community has already endured its. share of environmental burdens and should not be forced to endure anymore. On this point, I am especially concerned about the environmental justice implications of this action, given. the solid waste transfer station is proposed for one of the City of Buffalo's poorest neighborhoods. G5; TIAGARA SOIJARF, / 201 UTi IIALL /'RUFFALo,NY 14202 -3392 / (776) 951 -4841 / FAK (716) 851 -4300 / www.cily- huFCalu.com Q King 1 ,k t h g t q Iy ar4nu o o f E Cmarvation take into consk1ranon the inpaet OF% jpphCahDn 011 &T surromiding resideals and We (..il s planslov flic drie apphca! a Thank you for your corisid, ration. Sincerely, W. y p 13yfro W. Brown Mayor Cc: Abby Snyder, Regional Director REFERRED TO THE COMMITTEE ON LEGISLATION. 2 A Q - A 0 1 ) V J V 4d SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. QItem No. xxx, C.C.P. xxlxxlxx) March 17, 2009 03 -0 Mayor [:Appointment to the Zoning Board of Appeals t: Pursuant to Article 511, Section 121, Article XXIV of Part II of the Code of the City of Buffalo, I hereby appoint William L. Sunderlin, 152 Bryant Street, Buffalo, New York, 14222 to serve as a member of the Zoning Board of Appeals for a 3 -year term commencing immediately and expiring February 29, 2012. Mr. Sunderlin's resume is attached for your convenience. Mr. Sunderlin is replacing William J. Collins, Jr. on the board. I hereby certify that Mr. Sunderlin is fully qualified to serve as a member of the Zoning Board of Appeals. SIGNATURE; 6A DEPARTMENT HEAD TI yron W. Br 4, Mayor RECEIVED AND FILED i l i..J 1.. = 1 ..J bhylf .do, lire 1-1222 PROFESSIONAL MiNt-IMARY %`trrctil: ,I'sctn(*;•1i)lcep c7 oo.co.it Ij Lifetime certified procure profOasiollal with i4vcnty -4wo year °s experience in xnatcrials and ptojeet lilanageClleClt related to gOVGr€1r;lent contracting arld colnnle hLlsi €lesses. lndnSiriill F11111lneer with strC3ilg negotiation, sourcing and risk assessment skills. BRYAN T, OAKLAND, Suvl� fil.)� Si'RFET ASSOCIATION B UFE_AI_O, I Y 2001 - Present President Responsible for the management of all association meetings, correspondence, finances and eompliance with bylaws. Improved community relationship with Woman's and Children's Hospital of Buffalo Successfully implemented and managed information sharing program with association members and neighboring block clubs. Effectively worked with the Buffalo Police department to deter increasing crime statistics in the neighborhood Initiated grant applications for neighborhood beautification through Livable Communities Grant programs ENrG-, IvG BuffaloNY_ (Fuel Ce de _vel_oVme nt and p ) 2002 - Present Operations Manager Responsible for the management of all customer and supplier relationships. Sourced, negotiated and managed the procurement of all capital equipment, raw materials,,contract services, and benefits. Developed and maintained all contract and proprietary disclosure information. Participated in investor relations and proposal development. ® Sourced $2MM of engineering development equipment for Solid Oxide Fuel Cell (SOFC) development programs resulting in a IS% decreased budget projection. Successfully implemented and managed all transportation logistics for incoming and exported materials. Effectively managed all corporate financials, reporting, and contractual billing while maintaining a positive cash flow, credit rating and financial institute covenants. Effectively negotiated and managed $ I.SMM of facility improvements. MIA -COM CQRPC3_ E'toN orm A Refrac ry T- echnol ogiesj Buffalo NY 1999-2002 A division of TYCO Electronics Cor;porrate Sourcing _11lanag er Responsible for leading $15MM of construction, capital, raw material, expense, MRO and transportation procurements. Managed a procurement staff of five in three manufacturing locations. Oversaw corporate cash disbursements to key suppliers and transportation logistics for domestic and international commerce. Implemented corporate purchasing policies for ISO 9001. certification. • Successfully sourced raw materials from international suppliers (China, Japan, Germany, United Kingdom) in the production of ceramic components. Implemented and administered a corporate purchasing card prograin, eliminating small dollar purchase orders by 40 %_ Consolidated corporate procurements and services resulting in a $448,000 yearly savings. Managed the conversion and implementation of the ERP (SAP) procurement system while maintaining all inventory levels and production orders Transitioned procurement process from a tactical to strategic operation, resulting in highly effective supplier partnerships. Successfully reduced supplier base by 27% in the first year. P cl ; < � t. ; PROFrSStONAL, '1XP1;IL(f-.NC11' ( {_,` {)NT` ) 1NTE, 1 T1n��1,aT._ - . IiblflGING ti I '11TER S, Nc,,An r_hr- st 1"'W 1 1 999 Certified Purchasin.01 Mrrrrcrg'er 0 :P-Al) Contracted and administered approximately $12,1 MM worth of capital, construction, rnaintcnance services and facility management contracts. Managed workload and initiatives for three material plannerlbuyers. Led several procurement teams evaluating and selecting various engineering productivity irxrprovernent projects. ® Sourced and procured multi- million dollar capital equiprrrent from suppliers in Japan, Italy and Unites( Kingdom while attaining the best costs with rapidly changing currency fluctuations. 3 Developed long - terra agreements with key suppliers, resulting in a 25% reduction in suppliers and yearly cost savings of $525,000. Developed training programs for iunior procurement personnel. Developed corporate procurement guidelines for administrative and engineering personnel. ROME RrsE ARCH COR.P ORACl{] V .,XQ 1995 - 1996 Project Manager er - Cbnlract.v Administered approximately $5.5MM worth of engineering services and facility management contracts. Served as contractor liaison for several government engineering service contracts. ® Developed and negotiated proposals for $15MM of engineering services. LOC:KF[E'FD MAR (formerly GC A(irospace)_Material Acclu.is_ C enter, Utica, NY 1985- 1995 Senior SvureingAgen - C.P.M. (1991 - -1995) Supervised a five - person commodity team. Consolidated, transitioned, and assumed they procurement activities of four buyers into one for the northern material procurement center. Acted as cu stomer service liaison for various production and engineering programs. ® Successfully negotiated various subcontract programs and services, resulting in a $500K savings to the business in 1994 -1995. Achieved an overall price reduction of 7.7% Negotiated the procurement of $4.6MM of production material and services. Generated long-term contracts with preferred suppliers, which constituted 66% of the complex electro- mechanical material base. Reduced the supplier base by 50% resulting in an overall cost saving of 10 %. Program Manager' - ProgranrlF An(ilysis and Controly (1987 - 1991) Managed two radar /sonar production programs. Managed cost and schedule of $4.5MM worth of annual sales and coordinated $7MM of engineering development material. Served as customer service liaison for production and engineering programs. Coordinated and tracked $7MM of engineering development material. Implemented a specialized material tracking /reporting system for development engineering programs resulting in a 40% productivity improvement. Identified and organized the department's computer hardware and software requirements. Successfully implemented cost /scheduling software on multiple development programs. Organized rationale to appropriate $WIM of self- constructed assets for Advanced Tactical Programs. Man ufacturinglXndustrial Engineer 1985 -1987 Developed new methods and manufacturing processes to meet new engineering specifications and designs. Supervised approximately 50 union represented production /test personnel. Implemented computer automated assembly stations in the production of avionics assemblies for the B1 -B bomber, E2C Ilawkeye and p -1 11 fighter programs, resulting in a 20% asserbly cost reduction. �Y'(!liarn 1„ '_7uad ulia, C.E -M. 1 a"C ID Cj PROFESSIONIAL, FAPER1T,`NCC (CONTe) 0 ROM, C A -- IZCScn ,_NY 1984 - t 985 Production -- Afa erials Planner Platined, ordered and schcdutcd materials in the production of 2MM of thermoplastic building wire products. Consistently met custotner delivery requirements. Reduced high c ost material inventories by 50% resulting in savings of 5600,000. EDUCATION CIT OF BUFF CITIZENS PARTICIPATIONS ACADEMY -- CLASS Or' 2006 S_TAT ETI��IV Y Of N YORK - COLI.. ( OF TECIINOLOg Ut NY Bachelor of .5`cience, J Engineering MOH VALLEY COL LEGE- U tica. NY Associate of Seience, E Technology Additional GE Cours Strategic Supplier Mariagement g Purchasing Development Course I & li Federal Contracting Managerial Skills Development ® Contract Pricing 0 Karrass Negotiation Skills Workshop Project Leadership I & 11 City Clerk's Department BUFFALO April 1, 2009 HON. BYRON W_ BROWN MAYOR OF BUFFALO FITRIT 61 . Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 3 PASSED March 31, 2009 Extend Downtown Stadium Leasing Arrangements With Buffalo Bisons through .March 31, 2010 Gerald A Chwalinski City Clerk 3 3 00(11)03 TO THE COMMON COUNCIL, FROM THE EXECUTIVE DEPARTMENT DATE SUBJE T March 25, 2009 Extend. Downtown Stadium Leasing Arrangements with Buffalo Bisons through March 31, 2010 I am writing; to request that Your Honorable Body approve another one -year extension of the City of Buffalo's leasing arrangements with the Buffalo Bisons under essentially the same terms and provisions as last year's one year extension. The current leasing arrangements will expire on March 31, 2009. 1 have attached the proposed agreement for your review and approval. Neither the City nor the Bisons are committing to any obligation for "City Capital Repairs" during the one -year extended term. The City and the Bisons will work expeditiously and in good faith in an attempt to reach a formal long -term agreement for extending the lease of the stadium. Given that the current lease arrangements are due to expire on or about March 31, 2009,1 respectfully request that Your Honorable Body approve this one -year extension on or before the March 31, 2009 meeting of the Common Council. DEPARTMENT HEAD NAME: TITLE: SIG OF DEPARTMENT HEAD TA wp60l m) vl jvli \bisons- couneilcom3- 6- 09.doc Byron W. Brown Mayor I 'i SECOND AMENDMENTS TO STADIUM LEASE AGREEMENT SUBLEASE AND SECOND SUBLEASE THIS SECOND AMENDMENT TO STADIUM LEASE AGREEMENT, SUBLEASE AND SECOND SUBLEASE (the "Amendments ") are made as of the day of March, 2009, by and between the CITY OF BUFFALO, a municipal corporation of the State of New York, having its principal place of business at City Nall, No. 65 Niagara Square, in the City of Buffalo, County of Erie and State of New York 14202 (the "City "), and BISON BASEBALL, INC., a Delaware corporation duly authorized to do business in the State of New York, having its principal oil - ice or place of business at 275 Washington Street, Buffalo, New York 14203 (the "Bisons "). WITNESSETH: WHEREAS, the City and the Bisons are parties to a certain Bison Baseball, Inc. Stadium Lease Agreement, dated as of February 25, 1986, as amended by a certain. Agreement, dated as of October 20, 1993 and as further amended by an Amendment to Stadium Lease Agreement dated as of March 27, 2008 (said Bison Baseball, Inc, Stadium Lease Agreement, as so amended, being herein called the "Prime Lease "), pursuant to which Prime Lease the City is leasing to the Bisons the Downtown Stadium (as such term is defined in the Prime Lease) located on property in the City or Buffalo, County of Eric and State of new York and more particularly described in Exhibit A attached to the Prime Lease; and WHEREAS, the Bisons and the City are parties to a certain Sublease, dated as of January 1, 2003 as amended by an Amendment to Sublease dated as of March 27, 2008 (the "Sublease ", with all capitalized terms not otherwise defined in this Amendment having the meanings given to such terms in the Sublease), pursuant to which Sublease the Bisons are subleasing to the City the Stadium; and WHEREAS, the City and the Bisons are parties to a certain Second Sublease, dated as of January 1, 2003 as amended by an Amendment to the Second Sublease dated as of March 27, 2008 (the "Second Sublease ", with all capitalized terms not otherwise defined in this Amendment having the meanings given to such terms in the Second Sublease), pursuant to which Second Sublease the City is subleasing to the Bisons the Stadium; and WHEREAS, the City and the Bisons have agreed to amend the Prime Lease, the Sublease and Second Subleasc so that the terms of the Prime Lease, the Sublease and Second Sublease will be extended for an additional period of one (1) year each, in the manner and upon the terms and conditions hereinafter provided; NOW, 'THEREFORE, in consideration of the mutual covenants contained herein and other good valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, it is hereby agreed by the parties as follows: 1. "These: Amendments shall be construed with and as part of the Prime Lease, the Sublease and Second Sublease. 2. Notwithstanding any term, covenant or conditions contained in the Prime Lease, the Sublease and /or Second Sublease to the contrary, the language herein skull be given full force and effect. 3. Section 3(a) of the Prime Lease is hereby deleted in its entirety and the following is hereby inserted in lieu thereof, "3(a) The term of this Lease Agreement shall be for a period of twenty -two (22) years, commencing on the first day of April, 1988, and expiring on the 31 day of March, 201.0." 4. Effective on and after the Extended Term Commencement Date, Section 2.2 of the Sublease is hereby deleted in its entirety and the following is hereby inserted in lieu thereof. "22 Term The term 'Of this Sublease shall commence on the date hereof and shall continue through and including March 31, 2010 ( "'Perm "), unless sooner terminated in accordance with the provisions hereof." 5. Effective on and after the Extended Term Commencement Date, Section 3.2 of the Second Sublease is hereby deleted in its entirety and the following is hereby inserted in lieu thereof:' "3.2. Term. The term of this Second Sublease shall commence on the date hereof and shall continue through and including March 31, 2010 ( "Tenn "), unless sooner terminated in accordance with the provisions hereof." h. The Utility Payrnent Reimbursement By City provisions in Section 4.4 of the Second Sublease shall also be extended by one year. 7. Paragraph 8 of the Amendment to Second Sublease is amended to replace reference to August 31, 2008 with January 10, 2010. 8. Neither the Bisons nor the City are obligated to perform any capital repairs to the Stadium between the date hereof and March 31, 2010. 9. Except as modified herein all terms and provisions of the Prime Lease, Sublease and Second Sublease shall remain in null force and effect. 10. This Amendment shall inure to the benefit of, and shall be binding upon, the City and the Bisons and their respective successors and permitted assigns. IN WITNESS WHEREOF, the City and the Bisons have executed these Amendments as of the day and year first above written. -2- THE CITY OF BUFFALO By: BROON W. BROWN, Mayor BISON BASEBALL, INC. By: JONATHAN A. DANDES, President APPROVED AS TO FORM ONLY ALISA A. LUKASIEWICZ Corporation Counsel By: JOAN V. IIEFFRON Assistant Corporation Counsel -3- STATE OF NEW YORK ) COUNTY OF ERIE CITY OF BUFFALO ) On this day of March, 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared BYRON W. BROWN, personally known to me, or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as the Mayor of THE CITY OF BUFFALO, the corporation described within instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Commissioner of Deeds, Buffalo, New York My Commission expires: or Notary Public, Erie County, New York My Commission expires: STATE OF NEW YORK ) COUNTY OF ERIE ) ss: CITY OF BUFFALO ) On this __ ___day of March, 2009, before me the undersigned, a Notary Public in and for said State, personally appeared ,JONATHAN A. DANDES, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted as President of BISON BASEBALL, 'INC., executed the instrument. Commissioner of Deeds, Buffalo, New York My Commission expires: or Notary Public, Erie County, New York My Commission expires: _...___._. '1':4W P605renvlivh lhisons- lead- 5- 09.doc -5- Mr. Montana moved: That the above communication from the Mayor dated March 25, 2009, be received and filed; and That the Common Council approve the Second Amendments to Stadium Lease Agreement, Sublease and Second Sublease between the City of.'Buffalo and Bison Baseball, Inc. for a one -year extension, expiring; on March 31, 2010. Passed 1B TAB : nnv tANvp60 \jnsword\:rmv\ E h3 -31 a.doc *AYE* NO DAVIS FONTANA * * * FRANCZYK * GOLOMBEK KEARNS LO RTQ RIVERA RUSSELL * S MITH -------- - - - - -] [MAJ- 51 * * 0 [213 - 6] [314 - 7] k � 1 FROM THE MAYOR - EXECUTIVE DEPARTMENT March 31, 2009 # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: March 19, 2009 � FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Executive SUBJECT: [: PERMISSION TO CONTRACT WITH BUFFALO URBAN RENEWAL AGENCY — MAIN — UTICA SQUARE PROJECT PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: TYPE SINGLE SPACE BELOW The City of Buffalo Office of Strategic Planning respectfully requests that this Honorable Body approve the attached proposed Agreement with Buffalo Urban Renewal Agency (BURA) in the amount of $162,000 towards the costs associated with Bethesda Community Development Corporation (Bethesda CDC)'s the constructionlrehabilitation of the building located at 1373 -1381 Main Street and 7 East Utica Street. This adaptive reuse project is being spearheaded by Bethesda CDC and is entitled the Main -- Utica Square Project. Bethesda CDC proposes to renovate the 16,000 square foot property into an incubator for small businesses. This $1.3 million project will assist new or expanding small businesses by providing professional business space at an affordable rental rate thereby creating new jobs and increasing the viability of this very visible corner. Save for the requested $162,000, all other financing has been met through private and public sources. I am recommending that your Honorable Body authorize the City's provision of $162,000 in funding from the City of Buffalo through BURA order to provide said funding to Bethesda CDC for the Main — Utica Square Project and that your Honorable Body further authorize the Mayor on behalf of the City to enter into an Agreement (in substantially the form attached hereto) with BURA to facilitate the said $162,000 funding for the Main — Utica Square Project and that your Honorable Body further authorize the Mayor and all other pertinent City personnel to take such action and execute such documents as are appropriate to carry out the intention of the foregoing. REFERRED TO COMMITTEE ON: DEPARTMENT HEAD NAME: CARLA A_ KOSMERL TITLE: DIRECTOR, ADMINISTRATION & FINANCE, OSP s , SIGNATURE OF DEPARTMENT HEAD: 0 c(,_—L_ j►C' -1P 01-1C FUNDING AGREEMENT BETWEEN THE CITY OF BUFFALO AND BUFFALO URBAN RENEWAL AGENCY THIS AGREEMENT is made and entered into on the day of , 2009, by and between the Buffalo Urban Renewal Agency ( "BURA ") and the City of Buffalo ( "City ") WHEREAS, BURA is a municipal body, corporate and politic, which was created by Act of the State Legislature to eliminate slum and blighting conditions in the City of Buffalo. WHEREAS, the City has agreed to provide funding in the amount of ONE HUNDRED SIXTY -TWO DOLLARS AND NO/100 ($162,000) to fund a portion of the costs associated with a project being developed by Bethesda Community. Development Corporation as an economic development incentive for the rehabilitation and development of a small business incubator at 1373 -1381 Main Street and 7 East Utica Street within the City of Buffalo ( "the Project "), WHEREAS, the City and BURA wish to formalize their agreement as to the flow and utilization of said funding. NOW THEREFORE, it is agreed as follows: The City will promptly provide $162,000 in funds to enable BURA to partially fund costs associated with the Project through Bethel Community Development Corporation. 2. BURA is not required to repay the $162,000 or any portion thereof to the City. 3. BURA agrees to make available to the City or its duly authorized representative, for inspection at reasonable times and places, financial reports and all records as may be maintained by BURA and pertinent to the Project. 4. BURA agrees to perform all activities concerning the Project as an independent contractor and neither it nor any of its employees, representatives or agents shall be or hold themselves out to be employees, officers, agents, representatives, affiliates or subsidiaries of the City. Consistent with its status as an independent contractor, BURA agrees that the City shall not be responsible for workers' compensation, unemployment insurance benefits or social security coverage for the benefit of BURA employees, representatives or agents. 5. BURA shall be fully accountable to the City for its performance under this�� agreement and it and its officers agree to answer under oath all questions relative to the performance hereof, and to any transaction, act or omission had, done or omitted in connection herewith if called before any judicial, City, County, state or federal agency empowered to investigate this Agreement or its performance. & Neither this agreement nor any rights or obligations hereunder may be assigned by BURA without the prior express written consent of the City, which consent shall not be unreasonably withheld. 7. This agreement may be amended only by written instrument, duly authorized and executed by both the City and BURA. 8. BURA shall comply with all applicable federal, state and local laws, rules and regulations including, but not limited to, those prohibiting discrimination on the basis of race, religion, color, national origin, disability, marital status, status as a disabled veteran or veteran of the Vietnam era and any other lawfully protected status. 9. BURA agrees to maintain insurance coverage if required by the City and to include the City of Buffalo as additional named insured for any work performed with the above referenced City funding. Should BURA contract with an independent contractor to perform any of the work supported by the City funding, BURA shall require that the contractor name the City of Buffalo as additional named insured on the contractor's insurance policy. The City shall be named as an additional insured on all insurance certificates and insurance coverage to which BURA is entitled to be named or covered in connection with the Project. The City's right to be so insured shall be set forth in any contract which shall be entered into by BURA with respect to the Project utilizing the aforementioned City funds effective on or after the date of execution of this Agreement. 10. BURA and the City and their respective employees, representatives or agents are not and shall not be considered as a joint venture, employees, partners or agents of each other and neither shall have the power to bind and obligate the other except as set forth in this Agreement. There shall be no liability on the part of BURA or the City to any person for any debts or liabilities incurred by the other. 11. This agreement may be executed in counterparts 2 IN WITNESS WHEREOF, The Parties hereto have executed this agreement on the day of 2009. Buffalo Urban Renewal Agency By Andrew Eszak, Vice Chairman City of Buffalo By Mayor Byron W. Brown STATE OF NEW YORK ) COUNTY OF ERIE ) SS. On the day of , in the Year 2009, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. STATE OF NEW YORK ) COUNTY OF ERIE ) SS. On the day of Commissioner of Deeds /Notary Public in the Year 2009, before me, the undersigned, personally appeared , personally known. to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their capacity(ies), and that by his /her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. �l Commissioner of Deeds /Notary Public Mr. Fontana moved: ;Y That the above communication from the Office of Strategic Planning; dated r/ March 19, 2009, be received and filed; and That the Common Council authorize the City's provision of $162,000 in funding from the City of Buffalo through the Buffalo Urban Renewal Agency's order to provide said funding to Bethesda CDC for the Main -Utica Square Project and that the Common Council further authorizes the Mayor on behalf of the City to enter into an Agreement (in substantially the same form as attached hereto) with BURA to facilitate the said $ 162,000 funding for the Main -Utica Square Project and that the Common Council further authorizes the Mayor and all other pertinent City personnel to take such action and execute such documents as are appropriate to carry out the intention of the foregoing;. Passed. 2 TARrinv tAwp60Wswordlrmv12c3 -3 t a.doc r �.J S *AYE* NO * DAV FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOC R TO _....... RIVERA RUSSELL * * * SMITH -------- - - - - -] [ 2/3 - 6 ] [3/4 - 71 1 OFFICE OF STRATEGIC PLANNING Byron W. Brown, Mayor City of Buffalo Urban Renewal Agency Buffalo Neighborhood Revitalization Corp. March 24, 2009 City Clerk OA) Gerald Chwalinski 13o8 City Hall Buffalo, New York 14202 Re: Response to Common Council Request for Information in Conjunction with Common Council Adoption of the 2oog -2o10 Annual Action Plan for the City of Buffalo, NY Dear Mr. Chwalinski: On behalf of the City of Buffalo Urban Renewal Agency, Buffalo Neighborhood Revitalization Corporation and Buffalo Economic Renaissance Corporation, please find attached the response to Common Council request for information in the above captioned matter. Thank you for your attention to the above. Scott . an , Counsel for BU /BNRC Timothy E. Wanamaker, Executive Director Buffalo By: Divi Enclosures Pt� � cc w /out en.c.: Renaissance Corporation M. Alexander, Counsel for BE-KU RECEIVE[] EIVE AND FILED Byron W. Brown, Mayor Brian Reilly, Commissioner of Economic Dev., Permits and Ins. Services Steven M. Casey, First Deputy Mayor Carla A. Kosmerl, Director of Administration and Finance 920 City Hall ® 65 Niagara Square • Buffalo, New York 14202 -3376 ® (716) 851 -5035 o FAX: (716) 851 -5016 } . (' 1 FROM THE COMPTROLA.,ER March 31, 2009 0000 i Certificate of Necessity Transfer of Funds Common Council 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 $16,000 be transferred and reappropriated within the Common Council, as set forth below: From: Councilmember 2 10103001 — 411001 Annual Salary $16,000 To: Common Council Legislative 10102001 — 41.2002 Hourly Salary $ 6,000 City Clerk 10220006 — 434000 Other Contactual Services $10,000 Dated: Buffalo, NY, February 18, 2009 -.. - -! �- AYOR Comptroller RECEIVED AND HLE p f U1 Certificate of Necessit Increased Appropriation AIM & Spin Up Permits & Inspections We, Byron W. Brow, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $2,500,000 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 met from increased revenue in the account titled NYS Aid Incentive to Municipalities and NYS Spin UP, 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 accounts: From: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) $2,000 000 10700010 - 335006 State Aid BFSA 500,000 To: To meet the increased appropriation as set forth below: Permits & Inspections 16550007 -- 471010 Capital Outlay -- band Improvements $2 00 000 Dated: Buffalo, NY, March 24, 2009 MAYOR Comptroller RECEIVED AND FILED IJ jr�1 00008 Certificate of Necessi� Transfer o FFunds Economic Development, Permits and Inspections Services Capital Projects We, Byron W Brown, Mayor and Andrew A. Sant+ilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sutra of $2,500,000 be transferred and reappropriated from the Capital outlay account in Permits and Inspections, as set forth below: Permits and Inspections - Capital Outlay 16550007 — 471010 - Land Improvements 17523008 - 489130 Transfer out to Capital Project 1 7523008 - 489 130 Transfer out to Capital Project Capital Projects 39400206 —445100- Reconstruction of Centennial Pool 52,500,000 $2,500,000 $2,500,000 Dated: Buffalo, NY, March 20, 2009 MAYOR r TAWD AN FILED From: To: From: To: t ,, , Comptroller T�� 00009 #I (Rev. 1193) TO: SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL` V THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY). TEXT: [: 2008 -2009 Second. Quarter Gap Sheets Report We have reviewed the Second Quarter Gap Sheets, as required by Charter, and have some concerns about the projections contained in the gap report when compared with historical data. The gap report is projecting a $2.51 million surplus, and while we have no hard evidence that the projection is based on unreasonable numbers, we can't guarantee the accuracy of the projection based on a three -year analysis of revenues and expenditures that suggests a possibly less positive result, for example in the area of police and fire overtime and intergovernmental aid, It is our best assessment that the administration's projections are accurate to this point but we expect that we will have to carefully analyze the numbers in the coming months to know exactly how they are being moved by current trends, as in past years. We will keep your honorable body and the administration advised of any concerns we might have on the current year budget. Department Head. Name: Andrew A. SanFili o Title: Comptroller Signature of Department bead: "' t' - tat 2 REFERRED 7C5 THE COMMITTEE HIV FINANCE. DATE: March 25, 2009 Audit & ControI Comptroller r) J FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS Much 31, 2009 000' () SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL '� TO: THE COMMON COUNCIL: DATE: 03/20/2009 FROM: DEPARTMENT: Management Information Systems SUBJECT [ Disposal of Old Phones PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ([tern No. xxx, C.C.P. xxlxxlxx) Many departments including Common Council had old Toshiba Phones from Comte[ to work with the old Centrex phone system. COMTEL will purchase the de- installed Toshiba equipment for $1500.00 consisting of approximately 130 phones and corresponding Common Control Equipment- KSU's. They will remove the old cabinets and pick up the telephones at no charge to the City of Buffalo. We request the approval of this COMTEL offer. i SIGNATURE t DEPARTMENT HEAD4TLE : Rai Mehta, Director. L� Mr. Fontana moved: That the above communication from the Director of Management Information Systems dated March 20, 2009, be received and filed; and That the Director of Management Information Systems and the Director of Purchase lie, and they hereby are authorized to accept the COMTEL offer for the disposal of old telephones. Passed TAB: riuv tAwf36Dlmswordl:rmv15c3 -31 a.dac .4 *AYE* NO DAVIS FONTANA * * * FRANCZYK * �` GOLOMBEK KEARNS LQ GURTO RIVERA RUSSELL SMITH * * * [-------- - - - - -I [MAJ- 5] [2/3 - 6] [3/4 - 71 * * p * FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREET'S Mauch 31, 2009 It I (Rov. 7/00) SING PAGE COMMUNICATION TO TI 1E COMMON COUNCIL TO: THE COMMON COUNCIL DATE=,: March 20, 2009 FROM: DEPARTMENT: Public Works, Parks, and Streets DIVISION: Engineering SUBJFCT: _: Notification Serial 1110266 Install I landicapped Parking [; Oakgrove Avenue, west side [: between a paint 25 feet north of Hedley Place [: and a point 40 feet north therefrom Masten District PRIOR COUNCIL, REFERENCE: (IF ANY) Ex. (Ien N xxx, C,C.P /x �:) HANDICAPPED PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of City of I3ut°fa1o, the City Engineer hereby notifies Your [- lonorable Body Oftbis action supplementing, amendiug, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Cormcil nrecting at which they appear on the agenda as an item business. That That part of Subdivision 26 Section 15 of Chapter 479 of Ordinances of the City of BL1ffal0 be supplemented by adding thereto the following: HANDICAPPED PARKING HANDICAPPED PARKING LOCA41ON Oakgrove Avenue, west side between a point 25 feet north of fledley Place and a point 40 feet north therefrom FIFT[OD OF I IANDICAPPED PARKING At all times "]'his action is being taken at the request of the Mount Zion Church of God I Ioliness at 32 Oakgrove Avenue and would provide two (2) Handicap Parking spaces in front of the Church. SJS /PJM /EDS /RWS TYPE DEPARTMENT HEAD NAME: Peter J. Mcdo, P.E. '_l;Y_P h.: City Engineer SIGNA'T'URE OF DEPARTMENT IIEAD: � [�hkeiorzFlcvlle�linri�iaipl�u� all �) REG FIVED AND FILED February 24, 200' c- [Twee . Stepniak, Commissioner i f rsi: ;'ubl.ic Works, Parks & Streets Room 502, City mall 65 Franklin Street Buffalo, New York 14202 Dear Mr. Stepniak: This letter is to request the installation of handicapped accessibility parking signage on the curb frontage of Mount Zion Church of God Holiness, 32 Oakgrove Avenue at I-ledley Place. our Members are disabled and require assistance with a wheelchair or walker. The placement of the - , ; mould be of major benefit to our congregation. Please let me know if you need any further information from us. Your earliest response is greatly appreciated. Yours truly, Elder Theodore Hamilton, Pastor i Church Of God Holiness ,venue o Buffalo, New York 14208 -1006 (/16) 885 -3365 e Fax (716) 885 -3300 Elder Theodore Hamilton, Pastor s Bishop James C. Taylor, Sr., Overseer "HOLINESS SECOME'TH THINE HOUSE, O LORD, FOREVER... " PSALM 93:5 Chair of the Deacon and Trustees Deacons Dea. Arthur L Taggart, Sr. Dea. Kevin U. Beckman Dea. Garnell Smith, Sr. Trustees Dea. Willie E. Brown Dea. Willie E. Brown Dea. John S. White, Sr. Eld. Mel L. Alston Eld. Charles P. Blakely, Sr. Finanriat Chairman Dea. James L. Jones Doa. Rol-- 1' Dea. Ardis F. Smith, Sr. ... -- February 24, 200' c- [Twee . Stepniak, Commissioner i f rsi: ;'ubl.ic Works, Parks & Streets Room 502, City mall 65 Franklin Street Buffalo, New York 14202 Dear Mr. Stepniak: This letter is to request the installation of handicapped accessibility parking signage on the curb frontage of Mount Zion Church of God Holiness, 32 Oakgrove Avenue at I-ledley Place. our Members are disabled and require assistance with a wheelchair or walker. The placement of the - , ; mould be of major benefit to our congregation. Please let me know if you need any further information from us. Your earliest response is greatly appreciated. Yours truly, Elder Theodore Hamilton, Pastor 36 Oakgrove Ave - Google Maps C . . I ;OA pC5 Map" " Address 36 Oakgrove Ave Ad lic;s�i is apprroxhwile P 1 of 1 Save trees, Go green'lf� hc��rr €aic =ac# Gt3t�gl�t Ula(i5o�� yc>i�t hapWinaps.google.conihnaps ?f zq &soil rcc =s cl Mil -- en &q=14cd ley _ 111 + %26 +0akgrove +-A.._ 3/20/2009 0oil f 2 #1 (Rev. 1/93) SINGI. F PACIF COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 26, 2009 0 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: City Court [; 2007 Renovations [: Job #0704 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP } TEXT I hereby submit to Your Honorable Body the following changes for City Court, 2007 Renovations, Plumbing /HVAC Work, L & D Johnson, C #93000130, 1. Fire Protection plumbing /HVAC work required by a new Add $147,459.00 provision of the New York State Building Code. (See attached.) The foregoing change results in a net increase in the contract of One Hundred Forty Seven Thousand Four Hundred Fifty Nine and 001100 Dollars ($147,459.00). Summary: Original Contract Amount $ 66,906.00 Amount of This Change Order ( #1) Add $147,459.00 Revised Contract Amount $214,365.00 Costs have been reviewed by the Consulting Architect (BHNT Architects, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35320806 445100 - Division of Buildings. SJS /PJM /DAH /dlg cc: Comptroller J. Scollard, Director of Bldgs. S. Harvey, Buildings Department Head Name: Peter Merlo, P.E. ° Title: City Engineer For: Commissioner of Public Works, Parks & Streets Signature of Department Head: i -.74 LA COU L 2007 Renovations ,Renovations for the 1 G ', "' and 7`" floors or City Court have been lone delayed. The contractors received Notices to Proceed in May 2000. A change in the Building Code of NYS, Section 604.2.1, requires that Level 2 Alterations of a high rise building requires automatic sprinklers be installed in the areas of said work. This provision of the Code went into effect on February 1, 2000. The resulting affect required our consultant to design the appropriate sprinkler system and request a proposal for change orders from the contractors. Dote that 50% of the cost of these change orders will be reimbursed to the City by the Unified Court System. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 26, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he Hereby is authorized to issue change order No. 1, to L & D Johnson, an increase in the amount of $147,459.00, as more fully described in the above communication, for work relating to Job No. 0704, City Court, 2007 Renovations, Plumbing /HVAC Work, C 1/93000130. Funds for this project are available in 35320806 445100 - Division of Buildings. Passed GA TAB:rmv t Awp 6RmsworA m1v16ac3 -31 a, doe ES N�� *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK YEARNS LO RTO RIVERA RUSSELL SMITH * *` [-- --- -- - - - - - -I [MAJ- 5) [2/3 - G [3/4 - 7] '� * 0 * 0001 1 (Rev. 1/93) SIN G1 J FsWA G E COMMUNICATION `I'O THE' COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 30, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: OF ANY) [ Change in Contract [: Resurfacing of City Pavements -- 2008,(3r. 11686 [: Destro & Brothers Concrete Co., Inc. [: Contract 493000171 [: c.c.p. #29 of 5/27/08, c.c.p.# 1.3 of 9/16/008 I hereby submit to your I lonorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to allow the attached list of streets to be mill /overlayed. The streets were selected by the City Engineer based on the Departmental rating system of a 04 or lower. Funding will be distributed as equally as possible among the Councilmatic Districts as per Mayor Byron Brown. Existing Contract Amount $ 3,446,957.61 Increase in Contract S 844,188.00 Total Contract to Date $ 4,291,145.61 Funds are available in CHIPS Account #30032106-445100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Destro & Brothers Concrete Co., Inc. I'J.M:SJS:MJZ:IIf Attach. (1) cc: Bill Ileinhold TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNA OF �DEPARTM[?NT HEAD: . - P APP Anticipated Change Order Resurfacing of City Pavements - 2008, Group #686 Destro & Brothers, Inc. #2 D $12.00 Delaware District 12ATlNG S COST 1'arksido - Amherst to Linden #4 7,914.00 $94,968.00 1 7,914.00 $94,968.00 Ellicott District ._ No ____________________________________________________,._____._______ r_-----.._--- _-- ___,___- _____- ___-- _ -____ to , Sherman - Best East rth #3 4,045.00 $48,540.00 ; .__..........-...._....____"___:.-... ....:,.-- ..- ^'- ^------ °-------- _------------------ " r ------------- 1 `_ -- �" ------------ .- - - - - - '+ East North - Tlman to Sherman #4 i 2,300.00 i $27,600.00 ; 6,346.00 $76,140.00 Fillmore District - - -- ----------------------..__-_-_-.._-___------- __------------------ --- - - --__ _-_--__.._.._-....__-_----------------------- -- ---- - - - - -. Urban -Kehr to Moselle ] #3 I 6,776.00 : $81,312.00 1 ._________________________..__..............:.......----.._-__--_____ ____---------- .-- _......- -... -- L ----------- - -L --------- -L - ___- --- _.................._ --f 1 I 1 1 6,776.00 1 $81,312.00 Love _boy District East Lovejoy - Bailey to North bgden ; #4 ; 11,355.00 ; $136,260.00 -W - - - ; .------------`-`-------------------------------------------°--------`-----`------- r------- _--- -- r------- ----------r --- 1 1 I 11,355.00 $136,260.00 Masten District ._...... F- ---- -- -------------------------^-°----------_---`•------•----------------------------------------------------------------- e East Frry - Kehr to Moselle 3 #4 10,000.00 3 $120 00 F 3 10,000.00 $120,000 00 Niagara District Colonial Circle & Extensions ; #4 1 6,000.00 1 $72,000.00 1 1 .--------------------.-.--- ...:_---- .:-------------- - - - - -- - ---------------------- -__- -- ---___- °-_---- i 6,000.00 1 $72,000.00 North District --------------------------------------------.._-__--°-------------------------------------------- Colonial Circle & Extensions ......_.._...----•_•--------------------------`---------- w-------------------------------------- - _ #4 1 `-- ...:.._:._....-------- - - - - -_ -----------•__----- 1 1 6,000.00 -- _.---- -- ..- $72,000.00 ; y.--------- - - - - -- -E 1 ` . ___ _ ___:`_....--- -------- - - - - -- - --.. - - - -__ _ - _- _ 6,000.00 $72,000.00 South District Kingston - - Seneca to North Legion --- - -- --- -- - -- --- - -- - -_ _ -_ ----- - - - - -- - ------------------------------------------------ ----------- - -- ° _ ----------------- --- ------ - - - - -- -- -`- 1-- •-- -------- •- h-- •-------- 2,117.00 - - -- -- ____$ 25,404.00 ' , ----- ------------ Geary - Seneca to Frank ------------------------------------------------------- #3 1 ------------ L ------------- L----------------- 5,250.00 $63,000.00 1 -------------------- i 7,367.00 $88,404.00 University District Westminster- Bailey to Hewitt ; #3 .----------------------`___'__.-.------------------------------------------------- r ------------- �.---------------- 8,592.00 - - - - -' $103,104.00 ; T ------------------- � .-----------------------------------------------------------°-----------------°-_' .-------`------- --------- 8 $103,104.00 Total Cost Estimate 70,349.00 1 $844,188.00 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 30, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets lie, and he hereby is authorized to issue a change order to Destro & Brothers Concrete Co., Inc., an increase in the amount of $844,188.00, as more fully described in the above communication, for work relating; to Resurfacing of City Pavements --- 2008, Group #686, Contract #93000171. Funds for this project are available in CHIPS Account #30032106 445100. Passed RUIS TAB:rmv tANvp 60\mswordl :rmv16b0 -3I a- doe *AYE* NO DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LO RTO RIVERA RUSSELL SMITH [MAI- 51 * * 0 [2/3 - 6] [3/4 - 71 00014 t!I (Rev. 1/93) SING L,E_PAG'i✓ COMMIJNICATION TO THE COMMON COUNCIL � TO: THE COMMON COUNCIL DATE: March 17, 2009 o ����- FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [ Change in Contract (: Master's Edge, Inc., Group 11688 [: Hamlin Park — Safe Routes to School - 2008 [: Contracct #93000212 PRIOR COUNCIL REFERENCE: (IF ANY) 1: c.c.p.# 19 of 7/8/08 I hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to include curb & sidewalk replacement @ school #74 bounded by Northland; Donaldson; Wohlers. Work is scheduled to be completed during the 2009 Construction Season. Contract Description Unit Estimated Estimated Item Price Quantity Cost See Attachments (3) Existing Contract Amount Increase in Contract Total Contract to Date $764,876,20 $209,420.00 $974,296.20 Funds are available in Capital Projects Account H 31311106-445 100 I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Master's Edge, Inc. PJM:SJS:MJZ:Ilf Attach. (3) cc: Bill Heinhold TYPE DEPARTMENT HEAD NAME: TYPE "TITLE: SIGNATURE OF DEPARTMENT I IEAD: Peter J. Merlo, P.E. City Engineer s F Hamlin Park - Safe Routes to School, Group #688 Detectable Ramp & Sidewalk Replacement, 2008 Change Order #1 Hamlin Park School Perimeter Curb & Sidewalk Replacement ITEM NO. ITEMS WITH UNIT BID PRICE APPROXIMATE UNIT UNIT BID TOTAL WRITTEN IN WORDS QUANTITIES PRIGS DOLLARS H01.400 Engineering Materials 100% As $1,000.00 $1,000,00 Fixed Bid Necessary $ 1 H02.110A Unclassified Excavation 30 Cu.Yd. $15.00 $450.00 (Minimum Bid $15.00) $ 9 H02.110B Hand Excavation with Compressor 2 1/2 flay $100.00 $200.00 Jackhammer /Laborer (Minimum Bid $100.00) $ 1 H03.21 Subbase Course - 1" crusher run 30 Cu.Yd. $30.00 $900.00 Hand Laid (Minimum Bid $30.00) $ f H04.15 Asphalt Concrete - Hand Laid 10 Tons $100.00 $1,000.00 Modified Fine Top for Sidewalk Areas (Minimum Bid $100.00) $ 1 HR05.204 Concrete Sidewalks / 4" Replacement 1,000 Sq,Ft. $4.00 $4,000.00 $ I HR05.205 Concrete Sidewalk - 5" Replacement 16,600 Sq.Ft. $4.50 $75,600.00 Bid =/> R05.204 H05.220A Metal Reinforcement (6 x 6, 6" x 6 ") 16,800 Sq.Ft. $0.50 $8,400.00 (Minimum Bid $0.50) $ 1 H05.220B Fiber Reinforcement Additive 10 Cu.Yd. $7.00 $70.00 (Minimum Bid $7.00) $ 1 H05,414 Sawing Concrete (<= 4 inch) sidewalk 1,000 Lin, Ft, $3.00 $3,000.00 (Minimum Bid $2.00) $ 1 Hamlin Park - Safe Routes to School, Group #688 Detectable Ramp & Sidewalk Replacement, 2008 Change Order #1 Hamlin Park School Perimeter Curb & Sidewalk Replacement ITEM NO. ITEMS WITH UNIT BID PRICE APPROXIMATE UNIT UNIT BID TOTAL WRITTEN IN WORDS QUANTITIES PRICE DOLLARS H05.Forestry Stump Removal 100% As $1,000.00 $1,000.00 Fixed Bid Necessary HR07.105C Granite Curb - NYSDOT Type "C" 1,200 Lin.Ft. $39.00 $46,800.00 5" x 16" Replacement - Mount Airy $ 1 HR07.105RC Granite Curb - NYSDOT Type "C" 300 Lin.Ft. $43.00 $12,900.00 5 " x 16" Radius Replacement - Mount Airy $ f H08.112 12" PVC Sewer Lateral 10 Lin.Ft. $30.00 $300.00 (Minimum Bid $30) $ r H08210 Slotted Corrugated Polyethylene 1,500 Lin.Ft. $4.00 $6,000.00 Underdrain - 4 " (Minimum Bid $4.00) $ 1 H08.316 Receiver Replacement 2 Each $350.00 $700.00 (Minimum Bid $200.00) H09.930 Hydrant 1 Each $1,000.00 $1,000.00 Purchase & Delivery H10.275 Street Lighting Pullbox 4 Each $400.00 $1,600.00 (minimum bid $400) H10.998 Galvanized High Strength Couplings 6 Each $750.00 $4,500.00 and Rods (Minimum Bid $750) $ 1 H11.110 Hydroseed 5,000 Sq.Ft. $0.20 $1,000.00 (Minimum Bid $0.20) H12.110 Maintenance & Protection of Traffic 100% As $6,000.00 $6,000.00 Fixed Bid Necessary $ Hamlin Park - Safe Routes to School, Group #688 Detectable Ramp & Sidewalk Replacement, 2008 Change Order #1 Hamlin Park School Perimeter Curb & Sidewalk Replacement ITEM NO. ITEMS WITH UNIT BID PRICE APPROXIMATE UNIT UNIT BID TOTAL WRITTEN IN WORDS QUANTITIES PRICE DOLLARS 1-112310 Galvanied Telspar Post 6 Each $100.00 $600.00 (Minimum Bid $100) H90.500 Miscellaneous Construction Allowance 100% As $5,000.00 $5,000.00 Fixed Bid Necessary $ I H555.0105 Concrete for Structure 20 Cu, Yd. $250.00 $5,000.00 Class "A" w /reinforcement rebar H613.0101 Topsoil 60 Cu.Yd. $40.00 $2,400.00 (Minimum Bid $35) $ 1 H680.620506 Conduit, Rigid Plastic 1,500 Lin.Ft, $5.00 $7,500.00 Class 1,2" (Minimum Bid $5.00) H8502.5014 Saw Cutting Asphalt Pavement, Concrete 1,500 Lin.Ft. $3.00 $4,500.00 Pavement & Asphalt Overlay on Concrete Pavement (Minimum Bid $3.00) $ f H24608.50 Detectable Warning Surface - 10 Ramps 160 Sq.Ft. $50.00 $5,000.00 2'x 5' per ramp (Minimum Bid $40) $ 1 Total $209,420.00 Mr. Fontana moved: That the above communication from the Commissioner- of Public Works, Parks and Streets dated March 17, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Master's Edge, Inc., an increase in the amount of $209,420.00, as more fully described in the above communication, for work relating to Hamlin Park -- Safe Routes to School -2008, Group #688, Contract #93000212. Funds for this project are available in Capital Projects Account #31311106- 445100. Passed 7 TAB:rmv f f C V1 j)60\msword\:rmv17e3- 3Ia.doc \ L/ � w * * DAVIS _ * * * FONTANA * * * * * * * * * FRANCZYK _ * * * GOLOMBEK * * * _ * * * * * KEARNS * * * * * _ * * [--------1 RIVERA ^ [I��LJ- �l - - * * � * _ RUSSELL '* * * * * SMITH * * * * * * [--------1 ^ [I��LJ- �l - - * * � * _ [ %/� - 6 l * ~ * * 00015 #1 (Rev. 1193) SINGI_,F PAGE COMMUNICATION TO THE COMMON COUNCIL TO THE COMMON COUNCIL DATE: March 10, 2009 � 1 J FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION Buildings SUBJECT: [: Change in Contract [: Museum of Science [: Booster Pump & Service Replacement [: Job #0801 [: Masten District PRIOR COUNCIL REFERENCE: (IF ANY) (: EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for the Museum of Science, Booster Pump & Service Replacement, L & D Johnson Plumbing & Heating, Inc., C #93000167. 1. Additional plumbing work required in various lavatories $ 9,476.00 throughout the Museum. The foregoing change results in a net increase in the contract of Nine Thousand Four Hundrd Seventy Six and 001100 Dollars ($9,476.00). Summary: Original Contract Amount $ 61,926.00 Change Order #1 $ 3,982.00 Amount of This Change Order ( #2) Add $ 9,476.00 Revised Contract Amount $ 75,384.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30320806 445100 - Division of Buildings. JSIPJMIDAHIdlg cc: Comptroller J. Scollard, Director of Bidgs. S. Harvey, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer < For: Commissioner of Public Works, Parks & Streets Signature of Department Head:I - —__ Mr. Fontana moved: r That the above communication from the Comrnissloner of Public Works, Parks and Streets dated March 10, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to L & D Johnson Plumbing & Heating, Inc., an increase in the amount of $9,476.00, as more fully described in the above communication, for work relating to Museum of Science, Booster Pump & Service Replacement, C # #93000167. Fends for this project are available in 30320806 445100 — Division of Buildings. Passed TAB:rmv (Awp60\jnsword\:rmv\8c3 -3 t a.doc *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS L 09IRTO RIVERA RUSSELL SMITH [____________ _I [MAJ- 5] [2/3 - 61 [3/4 71 * * 0 * Q0 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL > TO: THE COMMON COUNCIL DATE: March 24, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: ENGINEERING SUBJECT: [: Permission to engage services of Consulting Engineer [: for Citywide Paving Infrastructure Inspection [: City -wide PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx,_ C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide construction phase services for Citywide Paving Infrastructure Inspection. The costs for consulting services are estimated not to exceed $150,000.00 and the construction cost is estimated to be $3,000,000. The funds are available in Capital account 30032106 445100. The consultant will be chosen through a Request for Proposal (RFP) process. PJM:cmg TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: -- vw. t; V 5-, , Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 24, 2009 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant through a Request for Proposal process to provide construction phase services for Citywide Paving Infrastructure Inspection for Citywide Paving Infrastructure Inspection. Funds for this project are available in Capital account 30032106 445100, Passed. 9 T:hvp60\mswor(Mnv\coiisii lat,doe *AYE* NO * DAVIS * FONTANA * * * FRANCZYK GOLOMBEK KEARNS * * * LOQ RTO RIVERA * * * RUSSELL SMITH [ ------------- ] [MAJ- 5] [2/3 e 6 ] [314 - 7] * * 0 * 41 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 24, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: ENGINEERING SUBJECT: [: Permission to engage services of Consulting Engineer [: for Citywide Street Cut Repairs [: City -wide PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design, bid, and construction phase services for Citywide Street Cut Repairs. This includes restoration for water repairs, pavement cuts, and for miscellaneous repairs. The costs for consulting services are estimated not to exceed $200,000.00 and the construction cost is estimated to be $1,000,000. The funds are available in Capital account 30032106 4.45100, a future capital account to be identified later, and Division of Water account 53023517 473020. PJM:cmg TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: E l i Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 24, 2009 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to Provide design, bid, and construction please services for Citywide Street Cut Repairs. Funds for this project are available in Capital account 30032106 445100, a future capital account to be identified later, and Division of Water account 53023517 473020. Passed. 10 TnRnriv TAwp6O\Tnsword\rniv\ 106 -3 1 a,duc *AYE* NO * DAVIS FONT-ANA * * * FRANCZYK GOLOMBEK KEARNS L'OCURTO RVERA RUSSELL SMITH I-------- - - - - -] [MAJ- 5] [213 - 6] [314 - 7] * * 4 * 0 0 0 1 5 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 17, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: Permission to Hire a Consultant and [: Enter into Agreements with [: FHWA and NYSDOT [: for the Construction and Construction Inspection [: Erie Canal Harbor Streets -- Phase 2 [: Prime, Lloyd, Dayton and Hanover [: City of Buffalo, County of Erie [: Fillmore District PRIOR COUNCIL REFERENCE: (IF ANY) [: The Federal Highway Administration (FHWA) have designated $4.44M for the construction and construction inspection of Phase 2 of the Erie Canal Harbor Streets. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN #5755.99. In order to move this project forward, this Department is requesting permission to take proposals and hire an Engineering Consultant for the construction inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and/or this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. PJM /JDB:dab TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: 1-1 9 1- �� Cc: Steven J. Stepniak, Commissioner ( ErieGanalHarborSts- ph .2- enteragreements- 031709.doe) tp� Mr. Fontana moved: That the above communication tron- the Commissioner of Public Works, Parks and Streets dated March 17, 2009 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the Federal Highway Administration and Now York State Department of Transportation, PIN #5755.99 to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. Passed. II T 13:nnv TA%vp6Nnswordn nvll 10- 31a.doc U� *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS L'OQURT RIVERA * __ RUSSELL SMITH I----- ---- - ---] [MA1- s] [ 213 - 6 ] [314 - 7] * * 0 * QJ () 1. 9 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 17, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: Permission to Hire a Consultant and [: Enter into Agreements with [: FHWA and NYSDOT [: for the Design, Inspection and Construction of [: Fillmore Avenue [: between N. Parade Ave. and E. Ferry St. [: City of Buffalo, County of Erie [: Masten District PRIOR COUNCIL REFERENCE: (IF ANY) [: The Federal Highway Administration (FHWA) have designated $1.290M for the design, construction and construction inspection of Fillmore Avenue between N. Parade Avenue and E. Ferry Street. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN #5757.76. In order to move this project forward, this Department is requesting permission to take proposals and hire an Engineering Consultant for the design and inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and/or this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. PJM /JDB:dab TYPE DEPARTMENT HEAD NAME TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD Cc: Steven J. Stepniak, Commissioner Peter J. Merlo, P.E. City Engineer ( FillmoreAve .enteragreements- 031709.doc) I Mr. Fontana moved: That the above communication from. the Commissioner of Public Works, Parks and Streets dated March 17, 2009 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the Federal Highway Administration and New York State Department of Transportation, PIN #15757.76 to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. Passed. 12 T":miv `f'Awp60\msword\nrivU 2c3 -31 a.doc 1 P *AYE* NO * DAVIS FONT-ANA * * * FRANCZYK GOLOMBEK KEARNS LOC�RT RIVERA * * RUSSELL * * * SMITH * * * [.._______P_.,__I [MAJ- 5] [2/3 - 6] [3I4 - 7] * * 0 * 4 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL" TO: THE COMMON COUNCIL DATE: March 30, 2009 FROM: DEPARTMENT. Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: Permission to Hire a Consultant and [: Enter into Agreements with [: FHWA and NYSDOT [: for the Design, Inspection and Construction of [: Curb and Sidewalk Replacement [ Various Locations [: Federal Aid Eligible [: City of Buffalo, County of Erie PRIOR COUNCIL. REFERENCE: (IF ANY) [: The Federal Highway Administration (FHWA) have designated funds for the design, construction and construction inspection of Curb and Sidewalks Replacement - various Federal Aid eligible locations in the City of Buffalo. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN # 5759.14. In order to move this project forward, this Department is requesting permission to take proposals and hire an Engineering Consultant for the design and inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and/or this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. This project is being funded as part of the Federal Aid Stimulus package and is 100% reimbursable. As such, the City is required to have the project ready for bid by June 2009. The streets were selected by the City Engineer based on the Department rating system of a #4 or lower. Funding will be distributed as equally as possible among the Councilmatic Districts as per Mayor Byron Brown. SJS /PJM /JDB/TJD:dab TYPE DEPARTMENT HEAD NAME TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: (curb &sidewa Ck(epic .- enteragreements- 022409.doc) fi ' I Steven J. Stepniak 2009 lz -DERAL AID STREETS: POSSIBLE CANDIDATE PROJECTS TOTAL ESTIMATED COSTS STREET FROM TO 2" MITI & Overlay Est. Cost I Sidewalk, Curb & ADA Ramps ESTIMATED TOTAL COST DISTRICT Abbo,Y Cazenovia Red Jacket $44,784 $66,000 $110,784 South Austin Tonwanda Niagara $93,600 $32,500 $126,100 North Colvin 'Linden Hertel $69,600 $38,500 $108,100 Delaware Doat Izelmer City Line $86,004 $35,000 $121,004 Lovejoy East Utica Jefferson Wohlers $68,4001 $40,500 $108,900 Masten Elmwood W. Utica W. Ferry $99,120 $24,500 $123,6201 Niagara Fillmore Broadway Peckham $111,000 $50,000 $161,000 Fillmore Jefferson Sycamore Broadway $64,200 $39,000 $103,200 Ellicott Suffoik Kensington Bershire $25,800 $79,500 ' $105,300 University Total Construction Costs: $662,508 $405,500 $1,068,008 Total Consultant Costs: $125,000 $150,000 $275,000 Total Costs: $787,508 $555,500 $1,343,008 2009 FEDERAL AID STREETS: POSSIBLE CANDIDATE PROJECTS MILL &OVERLAY OVERLAY costs estimated @ $12M /SY Total Available: $800,000 "' Estimateed Consultant Costs for Design & Inspection: $125,000 STREET ! FROM TO SO. YD 2" Mill S Overlay Est. Cost DISTRICT Abbote; Cazenovia Red Jacket 3,732 $44,7841 South Austi n iTonwanda 12 Niagara 7,800 $93,6001 Colvin Lind Hertel i 5,800 $69,600: Delaware Doat Zelmer City Line 7,167 $86,004 Lovejoy East Utica Jefferson Wohlers 5,700 $68,4001 Masten Elmwood IW Utica W. Ferry 8,260 $99,120 Niagara Fillmore ;Broadway Peckham 9,250 $111,000 Fillmore Jeffe rson I ' Sycamore Broadway 5,3501 $64,2001 Ellicott Suffoik Kensington Berkshire 2,150 $25,8001 University TOTAL $662,508 SIDEWALK $ CURB SIDEWALK/CURB costs estimated @ $90 /If; ADA RAMP costs estimated @ $1000 /corner /SY Total Available: $500,000 * Estimated Consultant Costs for Design & Inspection: $150,000 STREET FROM TO Estimated LF of Curb $Walk Estimated # of ADA Ramps ESTIMATED COST DISTRICT Abbott Cazenovia Red Jacket 600 12 $66,000 So uth _ Austin !Tonwanda Niagara 501 28 $32,5001 No Colvin Linden Hertel 2501 16 $38,500 Delaware Doat Zelmer City Line 100 26 $35,000 Lovejoy East Utica Jefferson Wohlers 250 18 $40,500 Masten Elmwood W. Utica W. Ferry 50 20 $24,500 Niagara Fillmore Broadway Peckham 400 14 $50,000 Fillmore Jefferson j Sycamore Broadway 300 12 $39,000 Ellicott Suffolk Kensington Berkshire 7501 12 $79 University TOTAL $405,500 *AYE* NO * DAVIS FONT-ANA * * * FRANCZ'YK GOLOMBEK KEARNS LOCURTO RIVERA * RUSSELL SMITH [-------- - - - - -� [ MAJ - 5] [2/3 _ b] [3/4 - 7] * * * ✓J 4 LO �- �� C-)-,l #1 (Re. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 30, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: Permission to Hire a Consultant and [: Enter into Agreements with [: FHWA and NYSDOT [: for the Design, Inspection and Construction to [: Mill and Overlay Various [: Federal Aid Eligible Streets [: City of Buffalo, County of Erie PRIOR COUNCIL REFERENCE: (IF ANY) [: The Federal Highway Administration (FHWA) have designated funds for the design, construction and construction inspection to mill and overlay various Federal Aid eligible streets in the City of Buffalo. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN # 5759.15, In order to move this project forward, this Department is requesting permission to take proposals and hire an Engineering Consultant for the design and inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and/or this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. This project is being funded as part of the Federal Aid Stimulus package and is 100% reimbursable. As such, the City is required to have the project ready for bid by June 2009. The streets selected by the City Engineer based on the Departmental rating system of a #4 or lower. Funding will be distributed as equally as possible among the Councilmatic Districts as per Mayor Byron Brown. SJS /PJM /JDB /JJP:dab TYPE DEPARTMENT HEAD NAME TYPE TITLE: Steven J. Stepniak SIGNATURE OF DEPARTMENT HEAD: (mill &overlay- enterag regiments- 022409. doe) l�� 2009 FEDERAL AID STREETS: POSSIBLE CANDIDATE PROJECTS TOTAL ESTIMATED COST �I STREET I" OM l TO 1 2" Mill & Overlay Est. Cost Sidewalk, ESTIMATED Curb & ADA TOTAL L Pr amps COST DISTRICT Abbott Cazenovia Red Jacket $44,784; $ $110,7841 South Austin !Tonwanda Niagara $93,600, $32,500 $126,100' North Colvin Linden Hertel $69,600 $38,5002 $108,100 Delaware Doat 2elmer City Line j $86,0041 $35,000 $121,0041 Lovejoy East Utica IJefferson lWohlers $68,400 $ 40,500 $108,900 Masten Elmwood 4 W. Utica 1W. Ferry $99,1201 $24,500 $123,620 Niagara Fillmore I Broadway Peckham $111,0001 $50,000 ` $161,000i Fillmore Jefferson Sycamore Broadway $64,200; $39,0001 $103,2001 Ellicott Suffolk 'Kensington 113ershire $25,800 $79,500; $105,300, University Total Construction Costs: $662,508 $405,500 $1,068,008 Total Consultant Costs: $125,000 $150,000 $275,000 Total Costs: $787,508 $555,500 $1,343,008 2009 FEDERAL AID STREETS: POSSIBLE CANDIDATE PROJECTS MILL & OVERLAY OVERLAY costs estimated @ $12.001SY Total Available: $800,000 * Estimated Consultant Costs for Design & Inspection: $126,000 I STREET FROM TO SQ. YD 2 " Mill & 1 Overlay Est. Cost DISTRICT Abbott Cazenovia Aed Jacket 3,732 i $44,784: South Austin Tonwanda jNiagara 121 7,800 $93,600 North Colvin Linden iHerte1 5,800' $69,6001 Delaware Doat j' Zelmer !City Line �Wohlers 7,167 $86,004' Lovejoy East Utica `Jefferson City Line 5,7001 $68,400 Masten Elmwood !W. Utica W. Ferry 8,260' $99,120' Niagara Fillmore jBroadway Peckham 9,250 $111,000; Fillmore Jefferson S ycamore 'Broadway 5,3501 $64,2001 Ellicott Suffolk 1 Kensington Berkshire 2,150 $26,8001 University TOTAL $662,508 SIDEWALK & CURB SIDEWALKlCURB costs estimated @ $90f f; ADA RAMP costs estimated @ $1000fcornerlSY Total Available: $500,000 * Estimated Consultant Costs for Design & Inspection: $150,000 STREET FROM TO Estimated ; LF of Curb I & Walk Estimated # of ADA Ramps ESTIMATED COST DISTRICT Abbott ; Cazenovia I Red Jacket I 600' 121 $66,0001 South Austin 'Tonwanda Niagara 50' 28' $32,5001 North Colvin Linden ' Hertel 2501 116r $38,500 Delaware _ Doat 1Zelmer City Line 100`, 26 $35,0001 Lovejoy East Utica Jefferson ' Wohlers 250 18' $40,500' Masten Elmwood W. Utica W. Ferry 50 201 $24,500 Niagara Fillmore B roadway Peckham 400 $50,000; Fillmore Jefferson ;Sycamore ,Broadway 300' 121 $39,0001 Ellicott Suffolk Kensington Berkshire 750 12 $79;500' University TOTAL $405,500 *AYE* NO * DAVIS FONTANA * '� FRANCZYK * '� GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL S MITH [ MAJ - S ]] _ 0 _ [ 2/3 e 6 ] [3/4 d 7] . -71 �- 000- #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL A TO: THE COMMON COUNCIL DATE: March 24, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [ Reduction in Retention [: Resurfacing of City Pavements — 2008, Gr, ##686 [: Destro & Brothers Concrete Co., Inc. [: Contract #93000171 PRIOR COUNCIL REFERENCE: (IF ANY) [: c.c.p. #29 of 5/27/08, c.c.p. #13 of 9/16/008 I hereby submit to your Honorable Body the following request for a reduction in retention for the subject contract. It is respectfully requested that Your Honorable Body authorize a reduction in retention fi•om the standard 5% to 1% for the above mentioned contract. The majority of this project was completed during the 2008 construction season (98 %). A 1% retainage on the entire contract is sufficient to ensure that remaining work is done to the City's satisfaction. PJM: SJS:MJZ :lI f cc: Comptroller Bill Heinhold TYPE; DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE, TITLE.: City Engineer SIGNATURE OF DEPARTMENT HEAD T ` Mr. Fontana rnovcii, That the above communication from the Commissioner of Public Works, Parks and Streets dated March 24, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets lie, and lie Hereby is authorized to reduce the retention from 5% to 1% for Resurfacing of City Pavements — 2008, Group #686, Contract #93000171. Passed 13 TAB:rmv t Awp60\msword\: miv\13c3 -31 s.doc E *AYE* NO * DAVIS FONTANA * �` FRANCZYK GOLOMBEK KEARNS WCURTO * '� RIV ERA * * * RUSSELL SMITH -- ---- --- - -- .-- -___------- _� * * * [MAJ- 51 * * p [ 2/3 - 6 ] [3/4 - 71 000`:`3 ##1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 23, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids- General Construction 2009 Stump Removal (City Wide) PRIOR COUNCIL REFERENCE: (IF ANY) [ I advertised on March 4th, 2009 and have received the following bids for the 2009 Stump Removal contract, which were publicly opened & read on March 18th, 2009. The following bids were received: Contractor Base Bid Total Bid Price Boldt's Landscaping $145,375.00 $159,912.50* P.O. BOX 350 West Seneca, NY 14224 Scott Lawn Yard $357,600.00 $393,360.00 5552 Townline Road Sanborn, NY 14132 Titan Development, Inc. $280,600.00 $308,660.00 8534 Seaman Road Gasport, NY 14067 1 hereby certify that foregoing is a true and correct statement of the bids received and that Boldt's Landscaping of West Seneca, NY is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $159,912.50 ( *$145,375.00 + 10% = $159,912.50) I request that your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. The Engineer's estimate for this work was $152,675.00 and funds for this work are available in account# 30032106 - 445100 SJS /PJM /JDB Cc: Andrew Sanfilippo, Comptroller Bill Heinold, Accountant TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD Peter J. Menlo, P.E City Engineer �k Mr. Fontana moved. That the above communication from. the Commissioner of Public Works, Parks and Streets dated March. 23, 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 2009 Stump Removal contract, to Boldt's Landscaping of West Seneca, NY, the lowest responsible bidder, in the amount of $159,912.50 ($145,375.00 + 10% = $ 159,912.50). Funds for the }project are available in account CPF #30032106 - 445100. Passed. 14 At TAB:r v tA%vP60\n1sword\nnv\I4c3 -3 La.d" *AYE* NO DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS L OQLLRTO RNERA RUSSELL SMITH * * * [-------- -- - - -] [ MA7 - 5 ] 0 [213 - 6] [3/4 - 71 00024 III (Rev. 1193) - SINGLE - PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 13, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids- General Construction [: 2009 Tree Removal I: (City Wide) PRIOR COUNCIL REFERENCE: [: Item # 000020, C.C.P. 07/08/08 I advertised on June 13, 2008 and have received the following bids for the 2009 Tree Removal contract, which were publicly opened & read on June 30, 2008. I request that the following accounts be added to the contract 30311506-44511, 35310106 - 445100, 37400206- 445100 and 30032106 - 445100 The following bids were received: Contractor Base Bid To tal Bid Price Schneek's Tree Removal, Inc $404,424.00 $444,866.40* 2861 South Western Blvd Orchard Park, NY 14127 Terry Tree Service, LLC $572,020.00 $629,222.00 225 Ballantyne Road Rochester, NY 14623 Scott Lawn Yard $1,250,625.00 $1,375,687.50 5552 `I ownline Road Sanborn, NY 14132 I hereby certify that foregoing is a true arid correct statement of the bids received and that Schneck's `free Removal, Inc. of Orchard Park, NY is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $444,866.40 ( *$404,424.00 4- 10% 4 $444,866.40) I request that your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. The Engineer's estimate for this work was $397,125.00 and funds for this work are available in account# 1311 1007 - 47101 0, 30311506- 445100, 35310106- 445100, 37400206 - 445100 and 30032106-445 100 SJ S /PJ MIJDB Cc: Andrew Sanfilippo, Comptroller Bill Ileinold, Accountant TYPE DEPARTMENT I lEAD NAME: Peter J. Merlo, RE 'TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: 4 `.l Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 13, 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 2009 'free Removal contract, to Schneck's Tree Removal, Inc., the lowest responsible bidder, in the amount of $444,866.40 ($404,424.00 + 10% = $444,866.40). Funds for the project are available in account #13111007- 471010, 30311506-445100, 35310106-445100, 37400206-445100 and 30032106- 445100. Massed. .g TAB;miv tAwp60\niswo €d\rmv\I6e3 -3 Z a.doc *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS L`09 RTO RIVERA RUSSELL SMITH [---- ---- - - -- -] [MA7- 5] * * 0 [213 - 6] [314 - 7] FROM THE COMMISSIONER OF POLICE March 31, 2009 0002 SI PAGE:; COMM:IINICATION TO TH1 COMMON COUNCIL £O: 'I'IIE COMMON COUNCIL: DA'1'1 FROM: I_) f PA R`I'M INT: MA R('f l _?4 200 __. _____ POLICI DIVISION: SUBJ.E(`T` Drug Asset Forfeiture Wire Transfers PRIOR COUNCIL. REhERE NC'E: (IF ANY) 1 :Item No. 104, C.C.P. 212/88 1:x. ( lion Ncl, cxx C.C_f xx /xx /xx 1'EsX'I': ( SP BELOW 08- D.IsA- 494977 C2 -08 -0045 961.60 06- 1131- 000252 3110060002 612.88 08 -DFA-502747 C2 -08 -0126 2,108.05 08 -F131- 001542 3110080017 1,580.20 08- 1`13I- 001549 3110080018 6,675.16 08 -DEA- 503172 C2 -08- 0054 617.42 08- DEA- 496532 C'2 -08 -0068 1,708.60 07 -DEA- 490557 C2 -08 -0002 2,999.46 08- DEA- 497503 C2 -08 -0080 1,627.74 08- DEA - 497914 C2 -08 -0038 3,109.04 08- DEA -- 504716 C2 -08 -0096 865.94 08 -DEA- 503753 C2 -08 -0133 1,194.85 08- 1)EA - 504481 C2 -08 -0142 1,787.65 08 -DIA- 503296 C2 -08 -0129 1,132.88 08 -D1A- 504357 C2 -08 -0096 212.72 08 -DFA- 504355 C2 -08 -0096 3,225.10 08 -D1A- 503173 C2 -08 -0054 541.36 08 -DEA -- 504356 ('2 -08 -0096 223.36 08- I)IA- 504354 C2 -08 -0096 1,392.00 07- 1)1:sA- 490275 C2 -05 -0001 1,878.82 07- DEA - 490275 C2 -05 -0001 6,096.30 (15 % SAFF) TOTAL $40,642.03 The Drug Enforcement Administration (DI A) and/or U.S. Customs has administratively forfeited the shove rclerenced property. The funds were received by this Department through wire transFers and duly deposited in the Trust & Agency ACCOUnt, #20010000-38900 1. 15% o£these funds have been deposited into SAI=F account 10360 £or fulfilling year 3 expenditures under SAhT' legislation. 'L'h.e remaining funds will be placed into one or more of the foll.owi.rng accounts as deemed necessary by the Commissioner of Police: l "ducational Training /Seminar, (confidential Funds, Materials and Supplies, F jrearms and Weapons, Communications and C'omputers, 1 lectrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mcntioncd, please contact Inspector Joseph Strano at 851 - 4624. DJ R /jws PEFfPRFD TO TM SPECIAL Ca4IMAE Chi R7LICE OVERSIGHI' 1 Y1'1 D1;1'ARI'MEN l� I -11 AD NAME: CHIEF DENNIS J. R.IC.IIARDS TYl'I; 'ITI'L l": SIGiNATURF Ot' L)131'AR "1'M1l?N`C` IIhAD l! 0 New York State Division Of Criminal Justice Services ASSETS FORFEITURE REPORTING PROGRAM STATE OF NEW YORK ) uo AFFIDAVIT pursuant to Civil Practice Law and ) ' � Rules 1311(11)(c) COUNTY OF ERIE ) [ CHIEF DENNIS [lkCHAHDS .ax (claiming agent) (claiming au0hohty). being duly sworn, depose and state that on 03/03.02K06 & 03/10/2009 the BUFFALO POLICE DEPARTMENT received WIRE TRANSFERS having an estimated present value of (check, vehicle, personal property, etc.) $ 40.842.03 . pursuant to chapter thirteen of Food and Drug Laws (21 U.S.C. 801 et sec.) of the United States and/or chapter four of the Customs Duties Laws (19 U.S.C. 1301 et seq.) of the United States and/or chapter 98pf the Crimes and Criminal Procedure Laws (18U,8.C.'10V1 atoeqjof the United States. Fl�T��'0�y7���00� ^~' `` ^_. ~.'^-_.�-""" Signatuie CHIEF OF INVESTIGATIVE SERVICES Title On the day �~� in H \ ,before rno personally came (Day ' (Year) \) 0-% ~ i 0 tnn)e known, who, being byn*e duly sworn, depose and say . (Name) that mployed by the c� and that (Agency was authorized by and did execute the above affidavit at the direction of said entity and that S61", name thereto. signed he ( —5-� , ` Notar �./ MAUR�emunwm�o __--_'�^, Mail to: NYS Division of Cr Justice Serv Assets Forfeiture Reporting Program Office ofPublic Safety 4 Tower Place Albany, NY132U3 COPYRIGHT 8 4995 NEWYORK STATE DIVISION OF CRIMINAt JOSTICE SERVICIES (July 2005) 03/24/:009 11:37 jCITY OF EUFrALO aes6 ;SCHEDULE OF DEPARTMENT PAYMENTS TO TREASURER REF rt: DEPT /LOO RECEIPT DESCRIPTION /REFERENCE 1294128 DRUG ASSET FORF POLICE DATE: Mar. 24, 2009 ACCOUNT 06DEA 20010000 389001. 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 3890ol 20010000 389001 20010000 389001 20010000 389o01 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 200100ofl 389001 x * ** RECEIPT TOTAL 40,642.03 TOTAL COLLECTED /TURNED OVER: 40,0'42.03 REPRESENTING COLLECTION FROM: 03/24/2009 TO 03/24/2009 REF rr` �TSEPT /kpC: POLICE DATE: .Mar. 24, 2009 n r SI�IvATL1RE: TITLE: af,;J , :'Lfi rt ACCOUNT DESCRIPTION 20010000 389001 DEPARTMENT SUMMARY DEA PROP MISC REVENUE it I PG i ardptpmt AMOUNT 961.60 612.88 2,198.05 1,580.20 6,675.16 617.42 1,708.60 2,999.46 1,627.74 3,109.94 865.94 1 ,194.65 1,787.65 1, 1.32. 38 212.72 3,225.10 541.36 223.36 1,39.2.00 1,878.82 6,09.6.30 AMOUNT 40,642.03 ECEI V E A R 2 4 204 r . J R _y_ J. L U FROM THE CORPORATION COUNSEL. March 31, 2009 City Clerk's Department BUFFALO April 1, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 26 PASSED March 31, 2009 Req COB to Enter Intercreditor Agrnt With Hyatt Hotel Gerald A Chwalinski City Clerk APR 1 2009 c( COMMUNICATION TO TIIE COMMON COUNCIL TO: THE COMMON COUNCLI, Date: March 27, 2009 FROM: DEPARTMENT: LAW SUBJECT: Downtown Buffalo Myatt Hotel Owner's Request for City of Buffalo to Enter Into an Intercreditor Agreement Among the Hyatt Hotel Owner, City of Buffalo, Emigrant Realty Finance, LLC and ECIDA PRIOR COUNCIL REERENCE: None The City of Buffalo and the County of Erie have since 1988 each held and now still do hold co -equal mortgage and security interest liens on the Hyatt Hotel in downtown Buffalo. The City /County mortgage liens are now in first priority position and continue to secure the Hyatt Hotel owner's obligations to continue to make payments on "deferred" PILOT payments (which were due & payable but not yet paid) going all the way back in some instances to the 1980's. The owner of the Hyatt Hotel (a Paul L. Snyder entity called West Genesee Hotel Associates) finalized new mortgage financing arrangements with Emigrant Realty Finance, LLC ( "Emigrant ") in January of 2008 for $19,600,000. The Emigrant financing was a key component in facilitating the Hyatt owner's now nearly completed renovation of the Hyatt Hotel. The City lien amount is. $421,504.46 and the County lien amount is about $170,000. The City lien is paid current and continues to be payable without interest in increments of twice yearly sums of $24,452.46 through 2013 and thereafter in twice yearly increments of $7,626.37 through December of the year 2023. As a standard lender request in situations like this where first mortgage liens are to remain in place (in this case ahead of the new Emigrant financing), Emigrant has required that the Hyatt hotel owners enter into a formal intercreditor agreement or agreements with the City and the County which: I. Expressly provides for the continued co =equal first lien positions of the City and the County, 2. Provides that City (or County as applicable) will give Emigrant notice of Hyatt's payment default under the City's (or County's as applicable) mortgage, 3. Provides a 90 day window of opportunity for Emigrant to cure a payment default by the Hyatt under the City mortgage (during which 90 day time frame the City or County as applicable would not commence a foreclosure action). These proposed provisions are standard intercreditor agreement arrangements d and would allow second lien holder Emi a reasonable opportunity to sensibly and responsibly react to a Hyatt payment default under the City's or County's first mortgages. The Emigrant loan term is 2 years plus 3 one year extension options. It can therefore be expected that Hyatt will extend the Emigrant loan or otherwise refinance within the next few years. I am requesting that your Honorable Body authorize the Mayor to execute an Intercreditor Agreement as above described in substantially the same form and substance as attached to this communication. I am further requesting that your I lonorable Body authorize the Mayor and or my office and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the Intercreditor Agreement in its final form. Department Head Name Title: Alisa A. Lukasiewiez Corporation Counsel SIGNATURE OF DEPARTMENT" HEAD. Wf RCRT,DITOR AGR.EE)iI':NT THIS INTERCREDI"T'OR AGREEMENT ( "A?rccrncr t ") is mate as of this 24 day of January, 2008 by and among EMIGRANT REALTY FINANCE, LLC, a Delaware lirnited liability company with offices at having an office at 6 East 43rd Street, New York, New York 10017 ( "Emigrant "), WEST GI's NESEE HOTEL ASSOCIATES, a New York limited partnership with offices at Six Fountain Plaza, Buffalo, NY 14202 ( "Borrower") THE CI'T'Y OF BUFFALO, a municipal corporation of the State of New York whose address is City Hall, Buffalo, New York 14202 (the "City "), and ERIE COUNT' INDUSTRIAL DEVELOPMENT AGENCY, a New York public benefit corporation having an office at 275 Oak Street, Buffalo, New York 14203 (the "Agency RECITALS A. The Agency is the fee owner of the premises described on the attached Exhibit A (the "Premises ") and the Borrower is the lessee of said premises pursuant to a Lease Agreement dated as of July 1, 1982 between the Agency and Borrower, as modified by a Lease Modification Agreement dated as of June 1, 1984, as further modified by a Lease Agreement Amendment dated as of October 1, 1988, as further modified by Lease Agreement Second Amendment dated July 30, 1993 (as modified, the "1982 Lease"), and as further amended and restated by a certain Amended and Restated Lease Agreement dated as of January 1, 2008 (as so amended and restated, the "Agency Lease Agreement "). B. On November 14, 1988, Borrower was indebted to City of Buffalo for the payment of certain deferred payments in lieu of taxes in the aggregate amount of $774,000.00, which indebtedness for deferred payments in lieu of takes continued to increase over time and thereafter restructured on July 30, 1993 to reflect the total aggregate amount of $1,179,530.66 (collectively, the "City Deferred PILOTs ") pursuant to the 1982 Lease and that certain Agreement for Payment in Lieu of heal Estate Taxes dated as. of July 30, 1993 (the "1993 PILOT "), as amended and restated by a certain Amended and Restated Agreement for Payment in Lieu of Real Estate Taxes dated as of January 1, 2008 (as so amended and restated, the "2008 PILOT ") {hereinafter, the Agency Lease Agreement and the 2008 PILOT, collectively, the "Agency Documents "). C. To secure the payment of the City Deferred PILOTs, the Agency and Borrower executed a certain. Collateral Mortgage, dated as of November 14, 1988 in favor of the City, which was recorded in the Erie County Clerk's Office in Liber 10190 of Mortgages at page 327 on November 15, 1988, as Modified by First Modification of Collateral Mortgage dated July 30, 1993 and recorded on August 24, 1993 in Liber 10729 of Deeds at page 248 (together with all extensions, renewals or modifications, the "City Mortgage "). D. On November 14, 1988, Borrower was indebted to the County of Erie (the "County ") for the payment of certain deferred payments in lieu of taxes in the aggregate amount of $206,102.85, which indebtedness for deferred payments in lieu of taxes continued to increase over time and thereafter restructured on July 30, 1993 to reflect the total aggregate amount of (,3 �1 $101,911.99 (collectively, the "County Deferred PILOTs ") pursuant to the 1932 Lease and the 1 1993 PILOT. E. To secure the payment of t he County Deferred PILOTS, the Agency and - Borrower executed a certain Collateral Mortgage, dated as of November 14, 1988 in favor of the County, which was recorded in the Erie County Clerk's Office in Libor 10190 of Mortgages at page 342 on November 15, 1988, as Modified by First Modification of Collateral Mortgage dated July 30, 1993 and recorded on August 24, 1993 in Liber 10129 of Deeds at Rage 265 (together with all extensions, renewals or modifications, the "County Mortgage "). F. The City Mortgage is further secured by a security interest in personal property and fixtures of Borrower at the Premises (the "City Collateral "). G. The County Mortgage is further secured by a security interest in personal property and fixtures of Borrower at the Premises (the "County Collateral "). H. Emigrant is providing a $19,600,000.00 construction and mini - permanent loan (the "Loan ") to Borrower to refinance existing indebtedness and provide additional funds for renovations to the improvements on the Premises. Y. The Loan is evidenced by two notes each dated on or near even date herewith given by Borrower in favor of Emigrant in the aggregate amount of $19,600,000.00 (collectively, the "Notes "), which Notes are secured by two Mortgages, Assignments of Rents, Security Agreements and Fixture Filings dated on or near even date herewith and to be recorded in the Erie County Clerk's Office (together with all extensions, renewals or modifications, the "Emigrant Mortgages "), which Emigrant Mortgages are subordinate to the City Mortgage and the County Mortgage as set forth in this Agreement. J. The Notes are further secured by two Security Agreements dated on or near even date herewith granting Emigrant a security interest in all assets of Borrower, including, but not limited to, the furnishings, fixtures and equipment located at the Premises and the revenues derived from the operation at the Premises, together with all attachments, accessories, accessions, parts, replacements, substitutions, additions, and improvements thereto, and all supplies used or to be used in connection therewith (collectively, "Emigrant Collateral "), which Emigrant Collateral is subordinate to the City Collateral and the County Collateral as set forth in this Agreement. K. Emigrant has required, as a condition for Emigrant to enter into the Loan and extend certain financial accommodations to Borrower, that the City, the County and the Agency enter into this Agreement with Emigrant and Borrower to set forth certain rights and obligations of the parties hereto. R$MINK MIMI NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: I . Recitals and Definitions The above recitals and definitions are hereby incorporated into this Agreement as if fully set forth herein. 2. Re resentations Warra a Covenants of the City. The City hereby represents and warrants to, and covenants and agrees with L.rnigrant as follows: (a) All payments due render the City Deferred PILOT prior to the date hereof have been paid in full and there are no penalties or interest owing. The principal amount remaining outstanding under the City Deferred PILOT as of the date hereof is 5'470,409.38 The only indebtedness secured, or that can be secured, by the City Mortgage is such principal amount of the City Deferred PILOT together with penalties and interest (the "Past Due City PILOT Amount "). (b) The City has not given the Borrower any notice of an event of default under the City Deferred PILOT, the City Mortgage, or any instruments, documents, or agreements executed in connection therewith (collectively, "City Documents "). To the City's best knowledge, information and belief, no state of facts or conditions exist which; with the giving of applicable notice or the expiration of applicable grace or cure periods, or both, would constitute a default or an event of default under the City Documents. (c) The City is the only owner and holder of the City Documents, (d) The Loan to Borrower from Emigrant, and Borrower's grant of the Emigrant Mortgages to Emigrant and the grant of a security interest in the Emigrant Collateral to Emigrant, skull not constitute a default or an event of default under the City Documents. (e) Nothing contained herein shall be interpreted to obligate Emigrant in any respect with regard to the City Documents. (f) The validity and enforceability of this Agreement shall. not be impaired, diminished, annulled or adversely affected by the modification, alteration, extension or renewal of any debt or lease obligation of Borrower to Emigrant. (g) The City shall not amend, modify, extend, increase, cancel, or terminate the City Documents without prior written notice to Emigrant. (h) 3. Re resentations Warranties Covenants and Agreements of Borrower. Borrower hereby represents and warrants to, and covenants and agrees with Emigrant as follows: (a) The Agency is the fee owner of the Premises and the Borrower is the lessee of said premises pursuant to the Agency Lease Agreement. (b) Borrower has furnished Emigrant with true, accurate and complete copies of the Agency Documents and the City Documents. 9 3 (c) The Loan to Borrower from Emigrant, and Borrower's grant of the Emigrant Mortgages to Emigrant and the grant of a security interest in the E nigrant Collateral to f ' Emigrant, shall not constitute a default or an event of default under the Agency Documents or the City Documents. (d) The Borrower has not received any notice of an event of default under the Agency Documents or the City Documents. To the Borrower's best knowledge, information and belief, no state of facts or conditions exist which, with the giving of applicable notice or the expiration of applicable grace or cure periods, or both, would constitute a default or an event of default under the Agency Documents or the City Documents. (e) The Borrower has obtained all necessary authorizations and approvals necessary to enter into this Agreement. (f) Other than the indebtedness owed by Borrower to the City for the City Deferred PILOT, the indebtedness owed by Borrower to the County for the County Deferred PILOT and the indebtedness owed by Borrower to the Lender under the Loan, Borrower is not indebted to any other party. (g) Borrower shall not default under the provisions of the Agency Documents or the City Documents and any such default shall constitute a default under the Loan. (h) Nothing contained herein shall be interpreted to obligate Emigrant in any respect with regard to the Agency Documents or the City Documents. (i) The Borrower shall not amend, modify, extend, increase, cancel, or terminate the agency Documents or the City Documents without the prior written consent of Emigrant. {j) The Borrower shall promptly provide to Emigrant copies of any and all notices received by Borrower froze. the City and the Agency with regard to the Agency Documents or the City Documents. (k) During the term of the Loan, Borrower hereby agrees to provide evidence satisfactory to Emigrant, in its sole discretion, of each payment made to the City pursuant to the 2008 PILOT by the earlier of 30 days from the date the payment is made or 30 days after the payment due date. 4. Subordination Emigrant hereby agrees that the lien of the Emigrant Mortgages and the lien of the Emigrant Collateral shall be subordinate to the liens of the City Mortgage and the City Collateral. The City acknowledges and agrees that the maximum amount which may be secured by its City Mortgage and its City Collateral is the Past Due City PILOT Amount. Notwithstanding the nature of the subordinate lien, the City will not take any action under the City Mortgage or the City Collateral until ninety (90) days after notice of default has been provided as set forth in Paragraph 8. S. Emigrant's Right of Entry Emigrant hereby is authorized and directed at any time to enter the Premises for periodic inspections of the Premises and the Emigrant Collateral N 4 and, after a default with respect to the Loan and subject to the City's rights to the City Collateral as set forth in this Agreement, to remove the Emigrant Collateral from tL.e Promises, whether or not such removal requires a physical detachment of the Emigrant Collateral from the Premises or causes injury thereto, and otherwise to realize upon the Em Collateral; provided, 1 that, by its acceptance hereof, Emigrant agrees to repair, or pay the reasonable cost to repair, any physical injury to the Premises caused directly by the removal of the Emigrant Collateral (but Emigrant shall not be liable for any diminution in the value of the Premises resulting fron the removal of any of the Emigrant Collateral), 6. Not of Defa ult. The City shall promptly notify Emigrant in writing of any default by Borrower under the provisions of the City Documents, and the Agency shall endeavor to copy Emigrant on any notices of default it may issue under the Agency Documents. In addition, the Agency hereby agrees that the Agency will provide Emigrant with thirty (30) days . prior written notice of its intent to reconvey the Premises to the Borrower because of a failure of the Borrower to.make payments under the 2008 PILOT within the time periods required therein. The failure of the Agency or the City to provide such notice to Emigrant shall not impair the rights of any party against Borrower. Borrower agrees that any sums (including reasonable legal fees) expended by Emigrant to cure a default by Borrower under the Agency Documents or the City Documents , as the case may be, shall be, deemed secured by the Emigrant Mortgages and the Emigrant Collateral. 7. Power to Execute Agreement Each party hereby certifies, represents, and warrants to the other parties that it has full power and authority to execute this Agreement, that the execution and delivery of this Agreement by the party making. such representation has been fully authorized and directed, that the persons executing this Agreement on behalf of the party making such representation have been duly authorized to do so, and that this Agreement, once executed,, small be the valid and binding obligation of the party making such representation enforceable in accordance with its terms. S. Notices, Demands and Requests All notices and other communications under this Agreement are to be in writing, addressed to the respective party to the address as set forth in the first paragraph of this Agreement, and shall be deemed to have been duly given (a) upon delivery, if delivered in person with receipt acknowledged by the recipient thereof, (b) one business day after having been timely deposited for overnight delivery, fee prepaid, with any reputable overnight courier service, or (c) three business days after having been deposited in any post office or mail depository regularly maintained by the U.S. Postal Service and sent by certified mail, postage prepaid, return receipt requested. Each party may establish a new address from time to time by written notice to the other given in accordance with this section; provided, however, that no such change of address will be effective until written notice thereof is actually received by the party to whom such change of address is sent. Notice to additional parties designated by a party entitled to notice are for convenience only and are not required for notice to a party to be effective in accordance with this section. 9. Miscellaneous (a) Entire_ Agreemen Modification This Agreement supersedes all prior agreements, understandings, representations and communications among the parties, whether oral or written, with respect to the subject matter hereof' Ncithe. this Agreement nor any provisions hereof will be modified, supplemented or waived, except by an instrument in writing signed by both parties hereto and then only to the extent expressly provided in such vmtin . (b) Binding; Eff The Agreenxent shall be binding upon and inure to the benefit of the parties hereto and their respectivc heirs, executors, legal . representatives, successors, successors and assigns, whether by voluntary action of the parties or by operation of law. The foregoing shall not be construed to permit assign _nMts or other transfers otherwise prohibited. if any party hereto consists of more than one person or entity, the obligations and liabilities of each such person or entity hereunder shall be joint and several. (c) Ap plicable Law. This Agreement and all the rights and obligations hereunder will be governed in accordance with the laws of the State of New York (without regard to its conflict of laws principles). (d) Enfore_ _. eabil. If any provision of this Agreement is found by competent judicial authority to be. invalid or unenforceable, the other provisions of this Agreement that can be carried out without the invalid or unenforceable provision will not be affected, and such invalid or unenforceable provision will be irieffective only to the extent of such invalidity or unenforceability and shall be construed to the greatest extent possible to accomplish fairly the purposes and intentions of the parties hereto. All rights and remedies under this Agreement axe distinct and cumulative not only as to each other but as to any rights or remedies afforded by law or equity. They may be exercised together, separately or successively. Any failure by a party to exercise any of its remedies does not constitute a waiver of that remedy in the future as to the same or any other default. (e) Ambiguity;. Heading; Gender; and Certain Terms Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against Emigrant by virtue of the fact that such document has originated with Emigrant as drafter. Both parties agree that this Agreement shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly accomplish the purposes and intentions of the parties hereto. Words used in this Agreement may be used interchangeably in singular or plural form, and any pronoun shall be deemed to cover all genders. Section headings are for convenience only and shall not be used in interpretation of this Agreement. "Herein," "hereof' and " hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or other subdivision. Reference to days for performance shall mean calendar days unless business days are expressly indicated. (f) Multiple Counterparts This Agreement may be executed in one or more counterparts, each of which counterpart will, for all purposes, be deemed an original, but all such counterparts together will constitute one instrument. (g) Consent - to Jurisdiction. Each party hereto agrees and consents to the jurisdiction and venue of any state or federal court sitting in Erie County, New York with respect to any legal action, proceeding, or dispute between them and hereby expressly waives any and all rights under applicable' law or in equity to object to the jurisdiction and venue of said courts. Each parry further irrevocably consents to service of process by certified mail, return receipt G requested, to the address for such party last provided in accordance with the r_oticc provision of this Agreement. {n} Limited Liaby of the Agency This Agrconient is being, executed by the Agency solely because it is a party to the City .Mortgage a.�d for no other purpose. All representations, agreements, covenants and warranties contained herein are made by the other parties to this Agreement and not by the Agency. With respect to the Agency, it is agreed that the Agency, its officers, members, employees, agents (other than the Boriower) anti directors shall have no personal liability hereunder, nor in their capacity as officers, members, employees, agents and directors. Emigrant shall have no recourse to the Agency other than to its interest in the Premises pursuant to the Emigrant Mortgages and nothing contained in this Agreement shall constitute or give rise to or impose upon the Agency a pecuniary liability or a charge upon its general credit. [The remainder of this page intentionally left blank] `. 7 N WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written, intending to be legally bound hereby. LENDER: EMIGRANT REALTY FINANCE, LLC, a Delaware limited liability company M Russell Wyman, Director and Vice president M MI/ .1 M" WEST GENESEE HOTEL ASSOCIATES, a New York limited partnership By: Upper West Genesee Hotel Associates, L.P.; a New York limited partnership, its general partner By: Huron & Pearl Hotel Corporation, a Delaware corporation, its general partner By: CITY: Paul L. Snyder, Chief Executive Officer THE CITY OF BUFFALO By: Name: Title: I AGENCY: ERIE COUNTY INDUSTIUAL DEV ELOPMENT AGENCY � B 1 T y : : y _ y — Name: I-i.1 A.1e: Title: STATE OF NEW YORK COUNTY OF «9 On the 23' day of January, in the year 2008, before me, the undersigned, personally appeared Russell Wyman, personally known to me or proved to me on the basis of satisfactory evidence to be, the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her/their capacity(ies), and that by his/her /their signature(s) on the instnment, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. STATE OF NEW YORK COUNTY OF ERIE :ss. Notary Public On the 23` day of January, in the year 2008, before me, the undersigned, personally appeared Paul L. Snyder, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed.to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ) :ss. Kell, a( I!� `L 03 � 1 0 H N On the 23' day of January, in the year 2008, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public 10 STATE OF NEW YORK COUINITY OF ERIE ss. On the 23 day of January, in the year 2008, bl°fore me, the undersigned, personally appeared _ personally known to nne or proved to me on the basis of satisfactory evidence to be the individual(s) whose narne(s) is (are) subscribed to the within instrument and acknowledged to one that he /shc /they executed the same in his /her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK :ss. COUNTY OF ERIE ) On the 23` day of January, in the year 2008, before me, the undersigned, personally appeared _ , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public -11- EXHIBIT A ( '?� - L Description of the .Premises -12 -. 654481100000 Business 65732770 *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA * ` RUSSELL SMI TIC * .y "------ - - - - -� [MAJ- S] * ` * 0 [2/3 e 6) [3/4 - '7� � e f e, r 1. FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES March 31, 2009 Q0'. SINGH.' PAU. COMMUNICATION TO THE COMMON COIJNCIL TO: `I HE COMMON COUNCIL, DATE: March 25, 2009 t,1 FROM: DEPARTMENT: 04+ iOWL'Al a •L- 11�Y_CFTI K_ r SUBJECT; [: "13. Davis -Days Park Block Club Against Renewal of License 309 1hidson(Ell)" PRIOR COONCIL RI Ff .NCI : (IF ANY) [: Item No. 8, C.C.P. March 17, 2009 Ex. (item No. xxx, C C.R xx /xx /xx This correspondence is in response to the Corn111011 Council's request for comments and /or recommendations concerning item No. 8, CCP March 17, 2009 regarding "309 1ludson ". The Department of Economic Development, Permits & Inspection Services has the following comments, recommendatiorns and concerns with regards to the aforementioned con - lmunication filed with the Common Council: The Department of Economic Development, Permit & Inspection Services has tiled with this Cornrnon COLnkell a list of all renewal license locations for Food Stores expiring March 31, 2009 as per the requirements of Chapter 194 "Food Stores ". This department did receive notice from the Ellicott District Councilmember advising this department as to his "disapproval" regarding the renewal of the 309 Hudson Food Store license. The License System has been "red flagged" and no renewal will be issued prior to an investigation being conducted as per Chapter 194 of the City Ordinances, The Department of Economic Development Permits & Inspection Services will conduct said investigation with regards to the operations of 309 I Judson to determine if an Administrative License; hearing is warranted. Should this department determine that said hearing is required, proper notice will be served on the Licensee and a License I Iearing will be held therewith. Should this department determine that ill our investigation, an Administrative hearing is not warranted, this departmmcnt will file said findings with this Common Council who may conduct their own hearing as prescribed in Chapter 194. SIGNATURF. DEPART'MENT�I EAD `1"I'I LE DCputy Con i lissioner, Department of Economic Development, Permit & Inspection Services TO ITTEE REI THE COMM x T R 0 '} # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: March 23, 2009 FROM: DEPARTMENT: Department of Economic Development, Permit & Inspection Services 1 Office of Strategic Planning DIVISION: Executive TEXT: (TYPE SINGLE SPACE BELOW) SUBJECT: [ : ENDORSEMENT OF THE CITY OF BUFFALO'S APPLICATION FOR THE RESTORE NY COMMUNITIES INITIATIVE PROGRAM & NOTICE OF PUBLIC HEARING PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: (TYPE SINGLE SPACE BELOW_ ) The City of Buffalo Department of Economic Development, Permit & Inspection Services and the Office of Strategic Planning seek Buffalo Common Council endorsement of its application for the Restore NY Communities Initiative program for funding in the amount of $20 million for strategically targeted demolitions and housing/commercial rehabilitations in the City of Buffalo. Additionally, your Honorable Body is requested to set a date for a public hearing and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution endorsing Agency's application for funding After the Public Hearing is held, Your Honorable Body may adopt a Resolution endorsing the City of Buffalo's application for funding for strategically targeted demolitions and building rehabilitations in the City of Buffalo. TYPE DEPARTMENT HEAD NAME: BRIAN REILLY TYPE TITLE: COMMISSIO �r SIGNATURE OF DEPARTMENT HEAD: i AD OPTED 00` �3 Date: March Ali), 20 From: Department: nupaT s�Tent of . �onomic Development Permit & Inspecting = See ices Office of Licenses Subject: [: food tore License; [: 721 Tonawanda (North) Prior Council Reference: (If Any) Lx. (Ite -r► Nct Pursuant to Chapter I94 of the City of Buffalo Ordinances, please be advised that f have examined the attached application for a Food Store License located at 721 Tonawanda (sammy's Discount) 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 Coning Office, .Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations arld other applicable laws. 'f request is Submitted for your approval or whatever action you deem appropriate. i 4 'Signature: i�''hft��— = y����f ,�L_� } ._. nf , nar1T TW11 R icad Title D T(JTY COMMISSIONER JC :mrz CITY OF BUFFALO OFFICE OF I4CELASES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: I10USING PROI'.BI:'I'Y INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: SAMMY'S DISCOUNT LICENSE TYPE: I , ' OOI) STORE NEW LICENSE. 2009 BUSINESS ADDRESS: 721 T'ONAWANDA BUSINESS PHONE; (716) 876 -0020 COUNCIL DISTRICT: No POLICE DISTRICT: 13 APPLICANT NAME: SAM{ A131)UI,LA APPL. PHONE: (313) 415 -6201 APPLICATION NUMBER: 552995 REFERRAL DATE: 1 211 6/200 8 1 / RENIARKS DISAPPROVAL REASON: MUST CALL, FOR APPOINTMENT 852 -3086 (TO BE COMPLETED ED BY AGENCY /DEPARTMENT RE.FERRLD TO) APPROVE DISAPPROVED DISAPPROVAL CALL 13ACK , xREAS REMARKS: INSPECI'O DATE: DATE: DATE: DISAPPROVAL MUST BE STATED RELOWx"­' RM# t EXT L AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App.5rip2.,pr CITY cal BUFFALO t IFI{ I('E ()I? I ICE MS FS 31.3 CITY HALL �qn� BUFFALO, N ;VY Y ORK 11 � LV` INSPECTIONIAPPROVAL REQUEST AGENCY 1 DEPARTMENT: OIg'. of ZONING & USE ]€ EFERREI) TO: VINCE I APPLI CATION FOR: SAMMY'S DISCOUNT LICENSE TYPE: 1"ooD sToRl BUSINESS ADDRESS: BUSINESS PHONE COUNC11, DISTRICT: PUI,I.CI!: I >IS'1'RICT: APPLICANT NAME: APPL. PRONE. APPLICA'T'ION NUMBER: REFERRAL DATE: RIIMARKS DISAPPROVAL REASON: 721 'TONAWANDA (716) 876 -0020 NO 13 SAMI ABDULI.A (313) 415 -6201 552995 12/1612009 Nr,W LICENSE 2009 -- -- ------ --- --- -- ------ - -.... ('I'O BF. COMPLETED BY AGENCY /DEPARTMENT REF'1;RRED TO) APPROVED DA TE: TE: DISAPPROVEI) HA DISAPPROVAL DATE: CALL BACK , k "REASON Fo"ISAPPROVAL M_ US 13E STATED I3l' LOW"** REMARKS: . -- - RM# lLf EXT .INSPECTOR AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO 01' I' IC'E OF LICENSES 313 ('.ITY HALL BUFFALO, NEV YvRri 14202. INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: J,T. POCZKALSKI APPLICATION FOR: SAMMY'S DISCOUNT NEW LICENSE 2009 LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PILONE: COUNCIL DISTRIC - I': POI,ICF WSTRIC. T: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: IiI4:It li'RRAL DATE' REMARKS: DISAPPROVAL REASON: 721 TONAWANDA (716) 876 -002 NC 13 SAMI ABD{ JLLA (313)415 -6201 552995_ 12/56/2008 ('CO BE COMPLETED BY AGE NCYI1lEPAllTMENT RIWERRUD `I'O) DATE:, (� APPROVF : D Y --- f � DATE: I3.SAI'P. VED DISAPPROVAL CALL BACK DATE: x **REASON FOR DISAPPROVAL MUST BE STATED BELOW' ** REMARKS Z INSI INSPECTOR ISM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. ,r pr CITY OF BUFFALO Olggc1l+'; OF 313 CITY HAIL BUFF AL O, NEW YORK 14202 INSPECTION/APPROVAL RF:O[7EST AGENCY 1 DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COI.- LECTIONS OFFICE APPLICATION FOR: SAMMY'S DISCOUNT LICENSE TYPE: J'OOD STORE, BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER: ItEFERRAL DATE: REMARKS: DISAPPROVAL REASON: 721 TONAWANDA NO 13 SAMI. AW)OL. 552995 12/16/2008 NEW LICENSE (TO BE COMPLETED BY AGENCYIDI.PARIVENT REFERRED TO) Q � DATE: .� APPROVED� DISAPPROVED DISAPPROVAL CAI,I, RACK DATE: ** FOR DISAPPROVAL M11ST BE STATED BELOW* 2004 REMARKS: j INSPE( "TCaIt AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS 4p Slip2 rpf REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. CUT OF BUFFALO OFFIC,V OVI WMS1 313 C Illy 'I I A L.I., 1311 IPfCAU0, NtW YORK 14702 (NSI'I 101,QOEST AG,K,NCY / IMPARTMENT. tIOLICE 11EF✓RRI COMMISSIONPR OF f- APP),lC.A'.l'l(lN FOR. SAMMYS f)YS(. FOOD ST01 HUSINle—SS ADPRE-s"' 121TONAWANDA I 31NINE'SS 1 (716) 876 UOUNCI L DISTRICT: NO AVITIC NAMUz SAM[ A13I)IJI.I.A A JTL. I'l 10 N K - (_I1 el 15-0.0) APPLICATION NUMBER: .552995 Rl�,FERY�Aj.,'PATU: € 7_/ 16 /2{)O1 REMARKS NEW LICENSIC 200.9 DISA ITROVA LRIP.A SON, ------------------ ........ - -------------- ------------------------------------- ------ ----------- ------------------- ............. ... (°OMI'VATEl) RY AGENCY/11E K VATE: 01SAPPROVE1) REMARKS: j)is (;ATTAIN: APPROVED DATE- DISAPPROVEI) DATV. 1"ORPUSAPPROVA L M RTIMARKS: C(-Mm1 0F1-101 , ICY., A AVITR INSPEICTION PLEASE COMPLETE AND RETURN THIS REFERRALT01'.RiF, 01"FIC11, OV THANK MI. App l;hp.l J-pi .. OF>FT[tE or I,f CEM 313 CITY HALL, BUFFALO, NY 14202 (715) 851 -407 LICENSE APPLICATION APPLICATION MUS'T BE COMPLETED IN 'BULL T PHOTO ID REQUIRED AT THE TIME OF APPLICATION (PLEASE CHECK LICENSE CATEGORY APPLYING FOR) RESTAURANT _.__.__BAKERY _CONFECTIONER - - RESTAURANT TAKEOUT.._ - - CATERER.__. - __ : _. l~OOD-STORE- - ...... . ...... - - MEAT, FISH & POULTRY ]late NOVEMBER 24,_ - 20 o8 Appl.icantNarlie SAM AB DO IIASSAN ABDULLA Applicant Home Phone # Applicant Address I ALMA AVENUE BUFFAL _.N 5 'O RK — l 215 (No,, Street) �(City, `Covm or Village) {State) (Zip) Co- Applicant Name Co- Applicant Address Coal oration Name- (No., Street) Business Name SA?MY ' S _ DISCOUNT Business Address 721 TO NAWAN D A STRE (No -, Street) (City, To'W11 or Village) (State) (Zip) Date fncorporated� .— Rate of Business Certificate_ B UFF A LO N EW YO RK _ 14207 (City, Town or Village) (State) _ (Zip) Mailing Address (if different than business (No., Street) (City, Town or Village) (State) (Zip) Business Phone ## Fax wow State Tax ID Number APPLIED Social Security { #� No, of lssnployees (I3aker & Confectioner only) Subscribed and sworn to before zzic this SAMI: ABDO 1IAS SAN ABDU1.,LA Day of _ _ � 20 _� C of ssio / 4, ds for the City of Buff do, New York NON REFUNDABLE APPLICATION FEE Rst apps 000� To: The Common Council: Date: March S, 2009 From: Department: Department of Econornic Development Permit & Irrspecti.on Services Office of Licenses Subject: food Store License E: 684 La Salle (University) Prior Council Reference: (lf Any) Ex. Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that [ have examined the attached application for a Food Store License located at 684 La Salle (Peters Wood Market) and find that as to form is correct. T have causal an invcstigation into the promises for which said application for a food story; license is being soright and reports from the %oi (Alice, lire Department, Building Inspections, Police Department and according to the attached Collections Office I find it complies with all regulations and ether applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Signature: 4-14 plead `Title: DEPUTY COMMISSIONEK JC :mrz REFERRED "RI T HE COMMITTEE- OIN l` CITY OF BUFFALO OFFICE OF LICENSES 313 C.I`CY FIALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REOUEST AGENCY I DEPARTMENT: I-IOUS.ING PROPERLY INS REFERREI) TO: VINCE 1 APPLICATION FOR: PFTLERS FOOD MARKET LICFNSE TVPh:: FOOT] STORE? BUSINESS A D DR ESS: BUSINESS PHON4 : COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAINIE: APPL. PIIONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 684 LA SALLE, 834 -3608 UN 16 1,Y TlJANf11)1F`U 834 -3608 552416 11/1812008 NEW LIC ENSE 2009 (TO BE COM BY AGENCY/DEPARTMENT REFERRED TO) APPROVED �' e J DISAPPROVED DATE: DISAPPROVAL CALL BACK: DATE: " "REASON FOR.I)ISAPPROVAL MUST BE STA'T'ED BELOW "" REMARKS: INSPECTOR RM# I EXT r AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS 12RTaPPILIAT. O 'T'TTF. !IFFY F'. (1F I,TC'F'.N.gVq 'THANIC W117 - _. CITY OF BUFFALO 3 �' OFFICE: OF LICENSES 313 C ITV I ALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REOUEST AGENCY / .DE PARTMENT: OFF. OF ZONING & USE REFERRED TO: V1NCE FERRARACCIO APPLICATION FOR: PETERS FOOL) MARKET LICI+:NSE TYPE: FLOOD STORE; BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRI POLICE DISTR APPLICANT NAME: APP L. PITONE: APPLICATION NUMBEIt: REFERRAL DATE: REMARKS. DISAPPROVAL REASON: 684 LA SALLF, 834 -3608 UN 16 LY THANIJDIE1J 834 -3608 552916 [1/18/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: ;� DISAPPROVED DATE: DISAPPROVAL CAI,I, RACK REMARKS: INSPECTOR RM# EXT E DATE: FOR DISAPPROVAL, MUST BE STATEI) BELOW"' AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY f DEPARTMENT: COLLECTIONS OFFICE; REFERRED TO: COLLECTIONS OFFICI APPLICATION FOR: PETERS FOOD MARKET WCENSE TYPE: FOOD S`IT)RT3 BUSINESS ADDR BUSINESS PRONE; COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REI+'f,IiItAL, <3A'I'kf: REMARKS: DISAPPROVAL REASON: 684 1,A SALLE 834 -3608 UN 16 LY THANHDI1iU 834 -3608 552816 11/18/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT REI=ERRED TO) LA PROVED DA`T'E: _ 'VE D - DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: M **REASON FOR DISAPPROVAL MUST BE STATED BELOW'- REMARKS: / INSPECTOR RM# EXT 9 5 f AFTE INSPECTION TILVAI�F. f'f1Up'LF''1"'Ti ANN DvmrroxT �imsysv CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEw YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: PETERS FOOT} MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 13 SINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 684 LA SALLE p_^ 4 Ulv 16 LY THAN DIEU 834.3608 552816 11/18/2008 NEW LICENSE (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: g DISAPPROVED DATE DISAPPROVAL CALL RACK DATE: 2009 CITE' OF BUFFALO OFFICE OF LICENSES 313 CITY ITALL BUFFALO, NEW I.'ORK. 14202 INSPECTION/APPROVAL REQUEST AGENCY f DEPARTMENT: POLICE REFERRED TO: COMMTSSIONE.R OF POLICE APPLICATION FOR.: PETERS FOOD MARKET LICENSE TYPE: FOOD STORE �f .� BUSINESS ADDRESS: 684 LA SALLE BUSINESS PHONE: 834 -3608 COUNCIL DISTRICT: UN POLICE DISTRICT: 16 APPLICANT NANYE: LY THANHDIEU APPL. PHONE: 834 -3608 APPLICATION NUMBER: 552816 REFERRAL DA'Z'E: I I /18/2008 NEW LICENSE 2009 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTtiIENT REFERRED TO) APPRO'V'ED DATE: DISAPPROVED DATE: RE MARKS: DISTRICT CAP'T'AIN: APPROVED r ]DEPARTMENT OF ECONOMIC DEVELOPMENT, (PERMIT & INSPECTION SERVICES OFFICE OF LICENSES 313 CITY HALL 1 BUFFALO NY 14202 851 -407 LICENSE APPLICATION PLEASE CHECK LICENSE CATEGORY APPLYING FOR RESTAURANT BAKERY CONFECTIONER RESTAURANT TAKEOUT _CATERER l?ODb STORE MEAT, FISH & POULTRY. Date A lscant Horne Phone # . Applicant Name -Dis pl? ' /V 1'.1 2jk Applicant Address _ �. f 1 ' ice_ o., Street) (City, Town or Village (S te) (Zip) Co- Applicant Co- Applicant Address (No., Street) (City, Town or Village) (State) (Zip) Corporation Name Date Incorporated_ Business Name �> . : - . ' 6tt of Business Certificate - - "Address ,, S 'LC. ' �z' I f Business 5 A v., Street) � y , T wn or.Village) ( ate) (Zip) Mailing; Address (if different than business address) (No,, Street) (City, Town or Village) (State) (Zip) Business Phone 71 6 State Tax ID Number � � �. ° _, Social Securi €y � w No. of %� / ='dry;?: =: " >� (Baker & Confectioner only) r App S gfiature - Subscribed and sworn to before ine this 1E3 ltI SZACtR4T . 0 =0 SAT3 5174.00 Day. of 201 401) SFATS ".S25U.04 Commissioner of Deeds in and for the 401.+ $325.00 City of Buffalo, New York RESTAURANT TAKEOUTICATFIRING S 88,00 MEAT,FISH & POULTRY P YM-Y $150,00 Fool) STORE 5115.00 BAKERICONFECTIONEIR 0 -2 FMTLOYE;MS 563,00 3 -10 S105.00 11_15 5157.00 25 -50 $315.00 51 -xao $sa5.00 RST appl 000"0 . SINGLE PAGE COMMUNICATION TO TI II3 COMMON COUNCIL TO: f111 COMMON COUNCIL DATE: March 23, 2009 FROM: f:)1iPAIi'fMI;N3': Oh '.1,IR.K�� SUBJECT: [: "M. Rogers -Info Re 83 'Prospect (Ell)" [: "M. Rogers- Concerns Mismngt Permit Office Re 83 Prospect" [: "West Village Block Club - concerns 83 Prospect (F,11)" PRIOR COUNCIL REFERENCE: (IF ANY) [: Item No(s). 11, 12 and 15 C.C.P. March 1'7, 2009 Ex. fitern. No. xxx C.C.P. xx/xx/xx This correspondence is in response to the Common Council's request for comments and /or rccomniendations concerning items # 11, 12 and 15, CCP March 17, 2009 regarding "83 Prospect ". The Department of Economic Development, Permits & Inspection Services has the following comments, recommendations and concerns with regards to the aforementioned communication filed with the Common Council: Based on a review of the records and files of the Department of Economic Development, Permit & inspection Services all applicable approvals have been received and upon payment of the fee a Certificate oI' Occupancy will be issued for 83 Prospect, Said Certificate of Occupancy is the document that verifies a property is safe to occupy and meets at least the minimal compliance requirements for all applicable Now York State Building and Fire Codes. City of Buffalo Building Permits were obtained by the owner of this property to perform work on this property in order obtain compliance with the New York State Building and lire Codes. All work performed was inspected by all applicable agencies and inspectors, including myself, Director Pat Sole and Chief Gary Ziolkowski. To date, there are no pending City of Buffalo Lodging House License applications for this property. Should a Lodging House License be applied for, said application will go through the normal new license application process for lodging houses. All new lodging house license applications require the following approvals: Zoning, Building Inspections, Fire, Health Department, Police and Common Council. Finally, with regards to FOIL requests made to this department concerning 83 Prospect, several have been honored to date and a recent FOIL request is also being processed. 1) E, PA RTM F,N FI"I'1.h,; D hut_'ommissiob s Deparuncut ofEconomie Devclohn enl, 1 & Inspection services �A MMITTEE 000 1 , #I (Rev. '1/93) Single Page Communication to the Common Council To: The Common Council: Date: March 20, 2009 From. Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: j: Second Hand Dealer 1495 Hertel Ave (Delaware) Type in Upper aYtd � [: Lower Case Only [: Prior Council Reference: (If Any) I.: Ext. ( Item No. xxx C.C.P. xxJxx/xx Text (T pe Sin ale Space Bel ow): Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1495 Hertel Ave and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the 'Zoning Office, fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Daryl Taberski. The attached thereto for Daryl `I'abcrski d /b /a Atlas Ails & Antiques. This request is submitted for your approval or whatever action you deem appropriate. Type Department I-lcad Name: JAMES COMERFORD Type Title: DEPUTY COM.M.ISSIONER Signature of Department 11cad: JCTSjd °1 Interdepartmental Memo Date: March 3, 2009 To: James Comerford, Deputy Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Second Hand Dealer at 1495 Hertel. Per City ol` Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Second Hand Dealer application to the Common Council: Zoning Office Fire Prevention Building Inspection Police Department q' Police Record Check ® Application Director Permit & Inspection Date CITY OF BUFFALO OFFICE OF LICENSES 313 C tTY HALL, BUFFALO, NI +; YORK 14202 INSPECTION /APPROVAL REQUEST AGI?,NCY /DEPARTMENT: FIR] PRE'VEWHON REFERRED TO: T.T. POC %KAI.,SKI APPLICATION FOR, A'T'LAS ARTS 8c ANTIQUES LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 1495 I°IEitTEL, BUSINESS PIIONE: (71.6) 880 -4265 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PIIONE: APPLICATION NUMB ;R: REFE DATE: DA1ZY1... TABf (716) 880 -4265 552963 12/11/2008 NEW LICENSE 2009 r �5 l t 1 1 N! i REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCYIDEPARTNIFNT REFERRED TO) DISAPPROVED DISAPPROVAL CALL BACK DATE: E- DATE: DATE: """REASON FOR DISAPPROVAL MUST UE STATED BELOW* ** REMARKS: Tie r � INSPECTOR ,. - RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSl p2.rpf CITY OF BUFFALO OFFICE', OF LICENSES 31.3 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY / DEPAWI�'MENT: HOUSING PROPFI7TY INS REFERRED TO: KI:;VIN FITZGERALD APPLICATION FOR: A'T'LAS ARM'S & ANTIQ[.JES LICENSE TYPE: SECOND fIAND DEALER BUSINESS ADDRESS: BUSINESS I'LION1 : COU NCI 1, DISTRICT: POLICE I)ISTRICT: APPLICANT NAME: APPL. PHONE,: APPLICATION NUMI3EW REFERRAI, DATE: REMARKS: DISAPPROVAL, RI +JASON: 1495 HER TEA., (716) 880 -4265 DAR YI, TABERSK1 (71.6)880 -4265 552963 12/11/2008 NEW LICENSE 2009 (TO BE COMPLE"T"ED BY AGENCYIDEPAR'I'MEN'I` REFERRED TO) A>f'I'uoVE.i) DATE: �--� -- DISAPPROVED DATE: DISAPPROVAL CALL; SACK DATE: *x"REASON FOR DISAPPROVAL MUST BE STATED 13E.LOW h" REMARKS: INSPECTOR UU /' r"'o A RM#� � Em AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 4ppSrir,2 _rpf CITY OF BUFFALO OFFICE OF LICENSES 313 C ITY .HALL B UFFALO, NEW YORK 14202 INSPECTION/APPROVAL R AGENCY i DEPARTMENT: OFF. OF ZONING & USE REFERRED TO:.KFIVIN FITZGFIRALD APPLICATION FOR: ATLAS ARTS & ANTIQUES LFCENSIs TYPE: SECOND I' 3AND Dr;AL,FR BUSINESS ADDRESS: 1495 HERTEL 131JSINESS PHONE: (7J6) 880 -4265 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPI.. PRONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: DARYL TABI -ASK.1 ( ` M) 880 -4265 552963 12/11/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) I'PR OVE� DATE: DISAPPROVED DATE. DISAPPROVAL CALL RACK DATE: * *, REASON FOR DISAPPROVAL MUST BE STATED BEI:,OWx"h REMARKS: INSPECTOR RM #�` EXT L AFTER INSPECTION PLEASE COMPLETE AND RETURN `.PHIS RI +.I <ERRAL OF THE OFFICE OF LICENSES. THANK YOU. Aj,,,Shp2?pi CITY OF BUFFALO OI +'FIC'E OF LICENSES 313 CI'T'Y HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: POLIO REFERRED TO.- COMM:ISSIONI:IZ O 1'OUCE APPLICATION FOR: ATLAS ARTS & A�N"T'IQ(.JES LICENSE TYPE, SECOND I1ANI.) I)EALI IZ BUSINESS ADDRESS: BUSINESS PRONE: COUNCIL DISTRICT: POLICE DISTRICT: APPIAC.A Q' i NAME: APPL. PIIONE: APPLICATION NIIMI3J?:Ii: R1`,FERRAL BAIT: REMARKS: DISAPPIZOVAL. REASON: 1495 HEPTEL, (716 )880 -4265 DA1ZYL, TA10,- "R,5KI (716) 880 -4265 552963 12/11/2008 NEW LICENSE 2409 Q_ IE CONIPLETED BY AGENCY /DEPARTMENT RE ERRYI) TO) " �:7`.�' r APPROVED DATE: (! - �o ( 9 �f $ DISAPPROVED REMARKS: I)A I Ii,: DISTRICT CAPTAIN: li AI'.E'ROVED DATE: DISAPPROVED DATE: "REASON FOR DISAPPROVAL .MUST io- STATED #,LOW " *" REMARKS: � COMM. OF POLICE: ut ��rnTn�sSc�ri� AFTER INSPECTION PLEASE COMPLETE AND RETURN 'I'RIS REFERRAL TO TUF, OFFICE, OF :LICENSES. THANK YOU. 4m231'1y2 -rtm P -147C (REV. 3/96) APPLICATION RELEASE TO B MAILED BY. P11 2. 26 Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New Fork 14202 There is a $10.00 fee to process this data. By mail, payment MUST be made by .money order. DO NOT seed cash through the mail. In person, payment can be made by nioney order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, sell- addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: S /MAIDEN NAME SEX j� RACE CURRENT ADDRESS: 0 __CC6� r+-' 1G- DATE OF BIRTH: SOCIAL SECURITY # 1 REASON FOR REQUEST SIGNATURE OF APPLI STATE OF NEW YORK COUNTY OF .ERIE CITY OF BUFFALO SS. ( - -2002 On the ` I day of 1�J�.0 Q� �� - , before .me personally appeared. le he J , r , to me known to be the same person described in, and who execu fore oing instrument and acknowledged the execution thereof. Notary. ublic`t runissioner of Deeds ******************TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL"" ED RECORD ATTACHED VERIFIED BY: P KI-7- NO RECORD ON FILE DATI VF:RIREl3 NOTE. USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RE'T'AIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED DATE c)0L. AiTJ_ -' V.D0C OFFICE OF LICENSES :. 313 CITY HALL ' BUFFALO, NE YORK 14202 851 -4078 _ t F i LICENSE APPLICATION... APPLICATION MUST BE COMPLETED IN FULL - .r s � PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS (PLEASE CHECK LICENSE CATEGORY APPLYING FOR) USED CAR DEALER ECONI)AND DEALER SCRAP PROCESSOR ___GARAGE SALE, __WHOLESALE JUNK _PAWNBROKER FLEA MARKET (NO. OF VENDORS_.._....._._) BATE 1 ` ' L ' j !1 C Ce c "vim t�PPLICANTNAME_�_ _ •�!PI'LICANT OMEPHONE# 3 APPLICANT A DDRESS-- - C rSn jeiA \Ck.i�j l �tl (NO., STRFE) (O TY/TOWN OR VILLAGE) (91'ATE) (21p) . . CO -APPLICANT NAME _. �_..._. _ _._ CO- APPLICANT HOME PHONE CO- APPLICANT AI}DRESS_ -._ (NO., SIRED ((ITY, TOWN 0R VILLAGE) (t;r' &Tp Vul) CORPORATION NAME_A ��4 Ai '� A a FJ DATE TNCORPORATEDV BUSINESS NAME lCti_?_t1 "1 B uslNEbs ADDRESS _ _ -- .---- ---- -- BUSINESS PHONE FAX# APPLICANT HOME PHONE - D D S'TATIs TALC ID NUMBER J 1- -- DATE OF i3IRT l'i AC1N OF 13IR1H ARE YOU A U,S. CITI7.EN � j_ _ HAVE YOU EVER BEEN CONVICTED OF A CRIME? ID, SO STATE WHEN, WHERE, NATURE OF OFFENSE AND DISPOSITION LIST PRINCIPAL OFFICERS OF CORPORATION (IF APPLICABLE) (NAME) (ADDR SS) (NAME) (ADRESS) OiAME) (ADDRESS) (NAME) (ADDRESS) (NAME) (ADDRESS) (NAMW (ADDRESS) (PAWNBROKER ONLY) GIVE SCHEDULE OF RATES PROPOSED TO. BE CHARGED. v Applican Sign. lure Subscribed arrd,sw�rn to before me this f i c i Cammissior¢er of Deems iW d fo,�f b City of Buffalo, New York NON REFUNDABLE APPLICATION FEE FROM THE CITY CLERK March 31, 2009 Q003 3 No, Liquor License Applications Attached hereto are communications from persons applying; for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 1077 East Ferry Street RECEIVED AND FILLM Business Name Coronas Owner's Name Brenda Mcbermoth March 31, 2009 , � MS. BRENDA MC DERMOTH 800 SOUTH MAIN STREET BUFFALO, NY 14103 JANUARY 26. 2009 CITY CLERK OFFICE CITY HALL 65 NIAGARA STREET BUFFALO, NY 14202 RE: LIOOUR LICENSE. TO WHOM IT MAY CONCERN: I AM IN THE PROCESS OF APPLYING FOR A LIOOUR LTXENSE FOR THE PROPERTY LOCATED AT 1077 EAST FERRY STREET, BUFFALO NY 14211. THE NAME OF THE ESTABLISHMENT IS CORONAS, THIS LETTER IS TO NOTIFY YOUR OFFICE OF MY INTENTIONS REGARDTNG THE PROCESS. STNCERELY MS. BRENDA MC DERMOTH 0004 No. b Reports of Attendance I transmit herewith communications received by nee, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management .Board Board of'Parking Board of Stadium and Auditorium '* Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Ilorne Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED. March 31, 2009 81. SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE March 18, 2009 FROM: DEPARTMENT BUFFALO SEWER AUTHORI'T'Y DIVISION ADMINISTRATIVE SUBJECT [: BOARD ATTENDANCE EN'T'ER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting; of the Buffalo Sewer AL[thority held on March 18, 2009, in Room 1035 City Hall: Herbert L. Bellamy, Jr., Chairman John D. Kennedy, Sr., Vice Chairman Christopher Roosevelt, Assistant Vice Chairman Eleanor C. Wilson- DiVincenzo, Secretary John E. Kennedy, Jr., Assistant Secretary Absent: None DEPARTMENT HEAD NAME: DAVID P. COMERFORD TITLE GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD: 1 — C' Q0 () 35 No. Notices of Appointments - Seasonal /Flat I transmit herewith certificates received by nee, reporting seasonal and flat salary appointments made in various departments. RF,,CFIVF D AND FILF:D. March 31, 2009 #3 (Rev. a =02) Certificate of Appointment hr compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, [ transmit this certification of appoirament(s) or prornotion(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Iluman Resources /Civil Service for the Appointment Effective. in the Department of Division of to the Position of i Public Works Streets Laborer 11 Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non - Competitive (Insert one) Minimum, Intermediate, Maximum, Fiat (Insert one) jEnter Starting Salary) : Starting Salary of $11.11 SEASONAL APPOINTMENT FLAT LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Rlfilond E. Fulton DATE ADDRESS 67 Shenandoah Rd. CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS O SS XXX- -8834 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROD_ ID PERSONNEL REQ. NO 2008 -09 SALARY RANGE OF POSITION $11.11 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY Steven J. Stepniak Commissioner ,3118 09 tj _ ..... .... N ORIGINAL ± COPIES TO: CITY CLERK .. ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #&- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- 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) . REF RRED TO THE COMM FFFE I' ON CIVIC, SERVICE", March 31, 2009 113 (Rev I -02) Certificate of Appointment In compliance with provisions of Section 24-2 of the Chanter and Chapter 35 -1 of the Ordinances of the City of Buffato, I transmit this cettificatim, of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the tl.uman Resourccsfcivit Service for tine Appohitmetit F1715cctive: iti the Department of Division of March 30, 2009 Audit and Control Accounting to the Position of Junior Accountant Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM Enter Starting Salary) : Starting Salary of. $32,584 LAST JOB TITLE NAME Sonya Williams LAST DEPARTMENT DATE ADDRESS 688 Walden Avenue LAST SALARY CITY & ZIP Buffalo NY 14211 LAST 4 DIGITS OF SSN, XXX -XX -4573 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 10443001 TITLE CODE NO 0500 BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL REQ. NO 4899 SALARY RANGE OF POSITION 32,584 W 36,306 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Individual appointed in compliance with Local 650 Bargaining Agreement provisions relative to minimum compensation on appointment. NAME OF APPOINTING AUTHORITY: Andrew A. SanFilippo TITLE OF APPOINTING, AUTHORITY: Comptroller DATE: March 25, 2009 SIGNATURE OF APPOINTING AUTHORITY; ORIGINAL + 3 COPIES TO: CITY CLERK (ONIBEFORE APPOINTME DATE) OTHER COPIES TO- #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVIC #7- B UDGET #S- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) # #3 (Rev 1 -02) Certificate of Appointment III compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinanecs of (lie City of Buffalo, t transmit this certification of appointment(s) or promotion(s). ( further certify that the person(s) named in Schedule "A" have been certified or approved by the human Resources /Civil Service for the Appointment Eff'cctive: in the Department of Division of to the Position of March 25, 2009 Audit and Control Audit Junior Auditor 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 $32,584 LAST JOB TITLE Junior Accountant NAME Shaun Betti LAST DEPARTMENT Audit & Control DATE 9/30108 ADDRESS 25 Richfield St. Upper LAST SALARY 32,584 CITY & ZIP Buffalo NY 14220 LAST 4 DIGITS OF SSN, XXX -XX -2202 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGI OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10442001 TITLE CODE NO 0440 BUDGET ACCT. OBJ. 419001 PROD. ID PERSONNEL REQ. NO 4950 SALARY RANGE OF POSITION 32,584 - 36,306 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Individual appointed in compliance with Local 650 Bargaining Agreement provisions relative to minimum compensation on appointment. NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTINC Andrew A. SanFilippo Comptroller March 25. 2009 OTHER CO PIES TO: #5- COMPTROLLER_ 46- HUM SERVICES /CI VIL_SE_R VICE #7- BW #S- DEP ARTMENT #9- DIVIS #10- EMPLOYEE(S) 11 �? NON- OFFICIAI..., COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL, COMMUNICATIONS March 31, 2009 Jan C orwi n Ij 142 nu Assembly District ---AHIC,p �-'Pp'ab- I L VkD :S & P'( $190 Mah) Street Clarence, New York 14771 721 Legislative Office 13uilcliz)L, Albany, NY 12 248 — ON E 839 - 4690 (518) 455 -4601 FAX (716) 839 - 4693 (51 8) 455 -5257 To : Number of Pages ( coven s1. ed). _ Date _ d F-,�. ;tatcmcTit on I4i�l� Speed Rail Project: "As the Fedcral stimulus package has allocated $8 billion for 1 speed teal projects, I am , of the proposal to construct a "fast thin" that wi ll provide economic deve.lopmcnt opportunities foy upstate .Ncw York -, Morcovor, tho restoi- atiori. of the Central Terminal to become the central hub of the proposed project is a tremendous opportunity to make a direct investment and positive impact on the City of Buffalo and its surroundhag areas. It is Crucial, however, that the local econorny and taxpayers of Upstate T cw York are foe chief benefzciarie of any high speed rail project, "— NVS Assembly oma)a .fnne. L. Coo -wire, 142 Distriet CEI °�. AND FILE D L -21 - , "-Or1'3 1 : 35 716 - 851-7168 000 '3S DEC PERMITS RE PAGE 02 New New York State Department A7 iF�nlri rr4 r]H1 r. r.f Al Co V el- V rat!on _ __ .... W.. ..... +w+.w+r rr..�..w+�.w �WIIYY'\eYtL �+rr lw.rllrr rrarr:���tr+�y�c�.r1 rw/'4lII� ,1'".� YL'A1.1V11 Division of Environmental Permits, Region 9 270 Michigan Avenue, buffalo, New York, 14203 -2915 'hone: (716) 651 -7165 - FAX: (716) 851 -7168 Website; www.deG.ny,gov Aiaxan S. Grannie Commissioner March 26, 2009 Ms. Jacqueline E. Rushton Senior Legislative Assistant Common Council City of Buffalo 65 Niagara Square, Room 1413 Buffalo, New fork 14202 -3318 Dear Ms, Rushton: SEAR LEAD AGENCY COORDINAT REQUEST FOR INFORMATION BATT AGLIA TRANSFER STATION 1037.1056 SENECA STREET The New York State Department of Environmental Conservation (the Department) received a copy of the Common Council resolution item #70 CCP 3117/09. The resolution references that a copy of the Buffalo City Chaster and Code related to the need for a Transfer Station License is attached to the resolution. However, no attachment was received at this office. Can you please provide the copy to me at the above address? For SEOR lead agency designation purposes, we are anxious to ascertain whether the City of Buffalo has discretionary approvals for this action. If you have any questions, please contact me at (716) 851 -7165. Sincerely, DSO, Steven J. Doleski Regional Permit Administrator j _ , 000 March 18, 2004 Buffalo Common. Council 65 Niagara Square Buffalo, NY 14202 Dear Common Council members: I am writing on behalf of residents who live near and travel Bailey Avenue everyday, regarding the reconstruction of the Bailey Street Bridges between McKinley Parkway and Elk street. After reviewing the three options that are being considered, we feel that option number three is the best course of action. Although this option will take away green space along the Carenovia Creek and the Buffalo River, the benefits that will come from it are numerous. First, the existing road can remain open during the construction process. Second, the tight curves along Bailey will be straightened and sight lines for drivers will be improved. 'Third, the intersection at McKinley Parkway, lleussy Street and Bailey Avenue will be trade less hazardous and therefore reduce the amount of automobile accidents caused by poor sight lines. Fourth, the land that will be taken away when the new bridges and road are built will be replaced when the old bridges are torn down. In addition, more trees will be added to the green space behind Southside Elementary and more access to the water by bikers and walkers will be added with paths that travel under the two bridges. Unfortunately, most residents are unaware of the reconstruction project and treed to be updated on all three; options and length of time, depending on which alternative is chosen, that the current road will be closed and detours set up, once the construction has begun. I would like to request that a public hearing be held so the residents that travel Bailey Avenue everyday, from McKinley Parkway to Elk Street, can hear all three proposals and voice their views and concerns. I am willing to assist in "getting the word out" to all concerned constituents of any public meetings you are able to schedule. Thank you in advance for your time and consideration. I look forward to hearing from you once a elate has been selected for the public hearing. Sincerely, a ne a ly REFERRED , COMMITTEE " ` " D T, MAR -24 -2009 09:45 LOCAL 375 it u� P.01/05 MICHAM N. WACH President said PrirciPal CxcWtive Officer tan >in¢ss Agent KEVIN C:. DRYSDAI.X J,%MK8 C. SCHIPPIIAUER jCCrctary'rrca54rer Viu-1 idunt Business Agent FREIGHT DRIVERS, HELPERS, DOCKMEN AND ALLIED WORKERS TEAMSTERS LOCAL UNION NO. 375 ., • ' 656 ENGLEWOOD AVE. 'BUFFALO, NY 14223 -2432 PH ONE (716) 836 -49t10 FAX(716) $36 - 4985 March 24, 2009 Faxed to'. Councilman Joseph Golombek, Jr. City of Buffalo (716) 851 -5648 Dear Councilman; TONY VACCARO RV,Qrding Secretary Tru stte,l J A MES P. BLAKE ROBERT C. KEMP ,Ili. JOHN A. R€IUNSFAU � / IT /0A ) As a follow up to our telephone conversation yesterday regarding the status of our contract negotiations with Rural Metro Medical Services, I would like to personally thank yotl for your time and obvious concerts regarding the whole situation. Currently, our talks with Rural Metro have actually begun to go backwards, with the Company decreasing the amount they are offering the employees, which is quite ironic in view of their continued increase in financial strength. I am enclosing the first 3 pagsrs of the company's latest financial report, which is publically available on their web site, As you can see, they boldly boast that their "revenue has increased 4.6% over the prior year, quarterly net income increased 42%" and even "Average Poker Charge incre $11.110 per transport to $363. " This APC charge is particularly poignant when the 1 NIT's who work providing that ambulance transport are paid $9.70 /hour — less than the Buffalo Living Wage! Rural Metre's CEO Jack Brucker made snare that he and his upper management get more than their fair share of the company's revenues. They, like their counterparts at N G made sure that their bonuses and profit sharing; plants take the lion's share of the revenue generated by the hard work of the !medical professionals providing the care and service! These employees, our members are proud of the work they do. Of course, they are glad that their company is !nuking such healthy profits, but they rightfully feel that they should be paid fairly for their work. I am sorry I am getting diverted from my reason for writing to you! 1 would welcome the opportunity to appear before you ahid any of the other Buffalo Common Council Members to discuss this issue further. We have been in negotiations with Rural Metro for almost a year and we are sadly to the point where my members feel some sort of industrial action would be the only way to get the Company to set" reason! Contrary to what the local management from Rural Metro has been saying, my members took two votes in .Tune 2008 and October 2008. Each time they overwhelmingly rejected the Company's proposals and authorized this union to issue a strike notice if necessary! This union has done everything possible to keop the negotiations going forward and to avoid coming to this point, but naturally our members are frustrated and outraged by the Company's starlet. The Company would sooner pay its high priced lawyers exorbitant fees and pay lobbyists to garner influence with State and Federal Affulared With iHTER ATIONAL ttRor :1 ks � i� MAR -24 --2009 0945 LOCAL 375 P.02i05 MICHAEL N. WACH KEVIN Cl DRYSDALE .IothICS CC, 5CHIFFHAUE'R TONY VACCARO Presidm and Principal Executive Of)icer Seca taryw f "tctLSUrnr Vice - President RCCC3rding secretary Htnink,15 Ag nt Business Agoot f FREIGHT DRIVERS, HELPERS, DOCKMEN AND ALLIED WORKERS TEAMSTERS LOCAL UNION NO. 375 "I"ruate� JAMES P. ULAKE 6?56 ENGLEWOOD AVL. BUFFALO, NY 14223 -2432 R OBERT C. R OUSS E AU AU PHONE (736) 836 - 4900 t~ AX (716) 836 -4985 3ottP1 A. R�]ussEA[� politicians, rather than pay its employees what they deserve! .Rural Metro Medical Service is a huge corporation that operates throughout the United States. 'they buy 'sinaller ambulance services and bleed the employers and the communities they serve for every last penny, investing only in equipment and technology that increases the bottom line. They constantly undermine their employees' morale and way of life. Sadly, it is a game played by Corporate America time and time again, but the sad thing is that this. game is played with peoples lives, The lives of its hard working employees and their families and the lives of the citizens of the City of Buffalo who would be directly impacted by any strike action. Councilman, as you know, many of my members from Mural Metro who are employed as EMT's and Paramedics are also members of the Volunteer Fire Companies throughout the Western New York area. They are highly responsible people with tremendous passion for their community, they love the work they do and understand the vital nature of the services they provide. The lust thing they want to do is put anyone in harms way? Unfortunately, the Company is using this against them. Rural Metro Medical Services cares nothing about the citizens of Buffalo. It only cares about its corporate profits and the bonuses generated for the chosen few! Please let the know if you would like to arrange a meeting with myself and members from the Rural Metro bargaining unit, to discuss this issue further. Thank you again for your time and consideration. Sincerely, Michael N. Wach President/PEOBusiness Agent THE COMMITTEE Affltiared With iwr RNA ORMHEW M0IW Tf AA VRA15. MAR -24 -2009 09.46 LOCAL 375 P.03i05 Print page EzfPail _Pa9 Npo*m1g d_eP.F_ All F N 0ds?r. 4 Dural /Metro Reports Strang Fiscal 2009 Second Quarter Results SCOTTSDALE, AZ, Feb 09, 2009 (MARKET WIRE via COMTEX News Network) -- Rural/Metro Corporation (NASDAQ: RURL) Highlights: -- QLari,@rly net rovenu' t,. p.-yr_T. VC. •iL t- Q $ mill. 01; YF- ar- CG_datV (lC.t L ":'l'�fi'10-_ lll; ^.L' E. %riot year t -0 $245.4 mill._on. ,: {; tiro, '; r~ ;;0.041 diluted -- (�u.�rterly filet inr _MO increa::�rcl 42.1 }.: r_c� 1..1 [[:i.':..ti S O T�-r }1'3.c ?Y income i'aY= nln[�:a (,ter S11:3t'e (lJ�.. } r � in4r 6$.2 1 to 01.11 mill.inrr, or SC1.�77 i9ilut,�ct FF: >. t rye . rt�l 0k[a.rterly e.)rnings )s? �"z" i'Sl:e`PSt� t :. .a �l1CS'tizcZt Jn (EBITDA) from cclnL. _nuinq L)I >o ., ?s.ion.s .'t i��: [' w�' i l3 .:� :: Dues the pt-icir year 1,.o $14.1 rni,11ion; year' to -daS_e ''�ITDA fr'c :1rl <.:c.ntinuing opF:ratiOt18 inc2�QasFd 15.4* over the Prior y4..lr r.o $2: million. M Drys sales oot standing (DSO) impT 51-vw,11 d- V,� to s;t:iy. fir }m 64 dears in prior , year. ANieXage fleinient Ch-Ir'00 (A?C) to $A63 'Cr11 :}52 in prig year. Rural/Metro Corporation (NASDAQ: RURL), a leading provider of ambulance and private fire protection services, announced results today for its fiscal 2009 second quarter ended December 31, 2008, highlighting continued growth revenue and E131TOA, as well as further improvements in key operating metrics. "We reduced uncompensated care and increased ambulance service collections in the second quarter, resulting in improvement in several key areas, including APC and DSQ," said Jack Brtacker, president and Chief Executive Officer. "Further, against the backdrop of a challenging economy, we grew revenue and generated strong cast flows, with $19.3 million in net cash from operating activities for the first two fiscal quarters, ,, We are very pleased by this progress and believe it reflects our commitment to growing the business while, maintaining our focus on service quality, operational efficiencies, and trilling and collections excellence," Mr. Brucker added. Results of Operations for the Second Fiscal Quarter Ended December 31, 2008 Consolidated net revenue for the second quarter ended December 31, 2008 increased 3.1 percent, to $129.0 million from $197.3 million for the same period in fiscal 2008. Net ambulance revenue increased 3.8 percent to $102.3 million from $98.6 million for the some prior -year period. Other services revenue, which includes fire protection services, was $18.6 million compared to $18.7 million for the saute prior -year period. Consolidated quarterly net revenue growth was driven by an increase in same - service -area ambulance revenue related to improvement$ in net APC, revenue derived from new emergency and non-emergency ambulance contracts, and a Tennessee Medicare claims reserve adjustment recorded in the prior year. Payroll and employee benefits expense for the second quarter was $75.7 milliors, or 62.6 percent of net revenue, compared to $73.7 million, or 62.9 percent of net revenue, in the same prior -year period. The dollar increase was driven in part by increases in employee health insurance expenses and year - over -year net changes in workers compensation claims actuarial adjustments. These increases were partly offset by decreases in ambulance unit hours and current -year workers' compensation claims estimates, Other operating expenses for the second quarter decreased to $27.9 million, or 23,1 percent of net revenue, from $29,2 million. or 24.9 percent of net revenue, in the second quarter of fiscal 2006, The decrease was primarily related to year - over -year reductions in fuel expenses, vehicle maintenance and professional fees. Caeneral and auto liability expense for the second fiscal quarter was $2,4 million compared to $2.1 million for the same prior-year htip: f /investor.shareholder,comlrural nett •olreleasedetait.cfm ?ReleaselD= 364148 3/16/2009 MAR -24 -2009 09:46 LOCAL 375 period. The difference was related to net changes in actuarial adjustments from year to year, offset by decreases in current -year claims estimates. Net income for the second quarter was $11 million, or diluted EPS of $0.04, compared to net income of $0.8 million, or diluted V` EPS of $0.43, for the same prior -year period. ESITDA from Continuing operations for the second quarter increased 112 percent to $14.7 million from $13,2 million in the same prior -year period. EBIT ©A from continuing operations is a key indicator used by management to ovaluste operating performance. While ESITDA from continuing operations is not intended to replace presentations included in the Company's consolidated financial statements under generally accepted accounting principles (GAAP) and should not. be considered an alternative to operating performance or an alternative to cash flow as a measure of liquidity. the Company believes this measure is useful to investors in assessing the ability to meet future debt service, capital expenditure and working capital requirements. This calculation may differ in the method of calculation from similarly titled measures used by other companies. A reconciliation of EBITDA to incomet(loss) from continuing operations and discontinued operations for the three months ended December 31, 2008 and 2007 is included with this press release and the related current report on Form 8 -K. Resuits of Operations for the Six Months Ended December 31, 2048 Consolidated net revenue for the six months ended December 31, 2008 increased 4.6 percent, or $10,8 million, to $245.4 million from $234.6 million for the same period in fiscal 2008_ Net ambulance revenue increased 4.8 percent, or $9.6 million, to $207.7 million from $198.1 million for the same prior -year period. Other services revenue, which includes fire protection services, increased 3,2 percent, or $1.1 million, to $37.7 million From $36.6 million for the same prior -year period. Consolidated year -to -date net revenue growth was driven primarily by on increase in same- service -area ambulance revenue related to improvements in net APC, as well as revenue derived from new emergency and non- emergency ambulance contracts. Payroll and employee benefits expense for the six -month period ended December 31, 2008 was $152.2 million, or 62.0 percent of net revenue, compared to $147.9 million, or 63.0 percent of net revenue, in the same prior -year period. The dollar increase was driven in part by cost -of- living wage adjustments and year -over -year net changes in workers compensation actuarial adjustments. These expenses were offset in part by decreases in current -year workers' compensation claims estimates and pension plan expenses. Other operating expenses for the first six months of fiscal 2008 were $57.7 million, or 23.5 percent of net revenue, compared to $56.1 million, or 23.9 percent of net revenue, in the same period of fiscal 2000. The difference included year - over - year increases in fuel expense, an increase to the Ohio Medicare reserve contingency, and higher property rental expense. These expenses were partly offset by reductions in professional fees and vehicle maintenance casts. General and auto liability expense of $5.9 million for the first six months of fiscal 2009 was not significantly different from such expense for the first six months of fiscal 2008. Net income for the six -month period ended December 31, 2008 was $1.8 million, or diluted EPS of $0.07. Compared to net income of $1.2 million, or diluted EPS of $0.05 for the same prior -year period- EBITDA from continuing operations for the six -month period increased 15.4 percent to $29.1 million from $25.3 million for the same prior -year period. Electronic Patient Care Record (ePCR) System Update During the second quarter, ePCR system: implementation continued in key 911 markets, including Orlando, Florida, and Rochester, New York. These locations are expected to be fully integrated by the close of the fiscal third quarter on March 31, 2009, with four additional markets scheduled for completion in fiscal 2009. The Company's largest ePCR implementation to date was completed in Buffalo, New York, in July 2008, With just six months of data, the Buffalo market has improved days to bill (measured from date of service to date of invoice) by approximately 50 percent, as electronic reporting replaces paper and contributes to overall billing efficiencies. Additionally, service level mix shifted by 5 percent to a higher number of Advanced Life Support transports as a percentage of total transports billed. Ambulance rates vary by patient condition and level of care required during transport, ranging from Basic Life Support to higher rate Advanced Life Support services, ePCR technology prompts medical personnel for applicable services performed, medications administered and supplies rendered based on regulated pre - hospital medical protocols, which assists in creating improved documentation racords amid the urgency of on -scene patient care activities. http: // investor. shareholder. com/ niralmetro/ releasedetail .cfm ?RcicasclD =364I48 3/16/2009 MAR-24-2009 09-47 LOCAL 375 P.05/05 "We monitor nearly a dozen Measures of System efficiencies, documentation quality, collection outcomes and hardware durability and are optimistic about the positive impact we have experienced in the Buffalo market," Mr. Brucker said. "We are encouraged by I h e eary nd catom on d the sign ificant OpRortunities and 1�, i fficienchs we Wintiolpate the system will bring to our operaflons " tesl ii. Second-Quarter Operating Statistics Second-quarter operating statistics trended as follows when compared to the same prior-year period: Medical Iran 5ports decreased h 2,149 trqn_spart_s, ­r ;'!-F3 PC wiLh the variance doe primarily to the . Lw WQ&WCY aobulance =Lfacts in WaDY0 COUPOY, Vlorids, and Tampa, Ari2ona, to well X s a non-emergency Onntract. in Ohio. New conyl act, trynsporrs increased by 2.940 related tv contracts in che Tenneol0r,•t aWl Colorado markets. Average paciQnt Obarae (AFC) Kcreased Io $363 Pe-r `r-I!IL!-.10rt From $352 per transport. ffax the sang V,,ariod of 1,1 print ye":Ir. '. the $1 L increase, mcre than 60 pernent was due to continuing impnwan= in collaW with the balance aUributable 1 :0 1 :nt , Q Days sales QuWan ding (OHO) iMproVed conminued [,Ming a"d collections e (fl Vencie5 and WducliWs Ln uvcWWonsatQd care a2 a porcmauq0 of WOSS vtvmnue- The following table provides results for medical transports, APO and DSO Wing each of the five Most recent quarters. Q2 '0 Q3 '08 Q.1 , au Ql - og Q2 '09 (12/31/07) (3/31/081 0/301 080 ('s / 42 ------- ---------- ---------- ---------- - ------ Mtqd TrarW1K,10'-S (1% - -r2 0 5 1 369 21 8 2, 731 - .1 - (1 -.'� , ii { . a �­i 40 263,220 ---------- ---------- ----------- I - ---------- --------- Average pati�"Ilt Charge 161 $ 3V3 WC? 12) 6 9 ---------- ---------- ----------- ------- ----- -------- Days sales Wsranding (DSO) ?3) 6 L, 60 59 57 ---------- ---------- -------- (1) Defined as omerg-Bricy and non-nmerqQnny mcdi•:ai transports f: cofttinuing oper;'_�Abns. (2) N me di ca l tran,Drt ApC 6 derjnc =d as gross transport _ rtiv?4nue less provisions for conbrqctual ailowanney OPP!Wable to V!Gdicaru, Medicaid and other third-paroy payWs son uacampensaLed CaPi, di7ided by medical zr•nspor�b from conr.inuinq For the three and six months ended Venenbur 31, 2007. tho abiculation czcludes rho effect of a $1.9 mIlIVA alleged averpoymenn K %Wcare claims in Yannessea. (3) D80 is calculated using th average ecco"nrn r2ceivanle balance on a rolling 1'3 -month b&,sis and net revenue o1i a raylling 12-uluuth basis and has not been adjusted to eliminate CrperaLit )11ti. Fiscal 2009 Financial Guidance Confirmed The Company confirmed its guidance to the fiscal year ending June 30, 2009, expecting EBITOA from continuing operations to be in the range of $54.0 million to $58.0 million and capital expenditures to be in the range of $15.0 million to $18.0 million, Conference Call to Discuss Results The Company will discuss results in a conference call today beginning at 6 a.m. Pacifictg a,rri. Mountain/11 a.m. Eastern. To access the conference call, dial 877-857-6150 (domestic) or 719-325-4843 {international). The call will be broadcast live an the Company's web site at www.nAr;#MqtT.ccm, A telephone replay will be available from approximately 2 p.m. (Eastern) today through midnight (F-astern) February 11. 20W To access the replay, (Pat 888-203-1 From international locations, dial 719 - 457 -0820. The required pass tads is 147271 An archived webost will be available following the call at mm. iralm e A I A n t o z i�i e%tv% TOTAL P.05 ol04It MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202-3310 PHONE: (716) 851 -5169 ® FAX: (716) 851 -4294 E -mail: mkearnsOcity- huffalo.coin CIIAIIZMAN FINANCE WATERI RONT DEVELOPMENT COMMITTEES BUDGET BURA CIVIL SERVICE CLAIMS RULES LEGISLATIVE ASSISTANTS MARTHA -ANN MURPHY KELLY M. KRUG RUSSELL C. WEAVER MEMORANDUM TO: Gerald Chwalinski FROM: Councilrr ember Kearns DATE. March 19, 2009 RE: Letter from Jack Driscoll re: transportation T would like to file the attached information for the next Common Council meeting to be held on March 31, 2009. Thank you. "'For the People' 03!10!2009 10:10 FAX 7104254923 DRISC ©L O o01 l ieka 1 a u retired fr om the railroad, I started on the OL &VM R in 1.955 after graduating from Timon in the class of 55. I was seventeen I retired from the railroad, Cvurail, April 1,1994. I worked in the gir�,in clevatorq and was a scooper for close to forty years. Every day i read in the paper the cost of gas and transportntio a in , merial. Sometime we day not heip ourselves. I made a diagram showing a rough sketch showing the existing rail. I know it looks pretty good on paper. 1 also know it would take some w ork to a thieve the g gal. Yoo could place a trolley type of ear or a train on the CSX at Angola or the N&S former PRR NK' and operate to the Exchange St station tomorrow. All that is needed is a place to park and board. Cook you imagine getting on a train or trolley at Angola and be at floe .Ex change St. station in about thirty minutes to go to the ball parr, arena, waterfront or the theater district or jump on the rapid transit and go tc) UU. Many yeah ago we owned cottages at Crystal Beach Ont. One day I de6ded to do ,smoothing different, f loaded the kids in the s waggon and headed to Toronto for a baseball game. I grit off of the QLmeen at Oakville Ont, and boarded at train called the "two train" i. tVilin operated between Oakville and "Toronto every thirty mintktol& .K n "nPrI Out to be a great day. is l - now that getting the CSX,N&S,Amtrak and the NF TA to ag *ee fq �-u- a pion would he a eery tough.,sell. Theare_Js a lot if rail used and uoused lying around that could be This would have to be , ttudiedl, Maybe - this is just a retired railroad mans pipe dream. 'T' Ianks f© your time, Jach Driscoll 138 Bloomfield Ave. Phone; 9254923 E -mail: .1 riscol 1OL.Cow M TO RE SEE AL Oavk = CST MWFC1 rIATICN V�/10�20V0 10 :10 F-AX 7108254023 -__-_--- . � DBlSC0L U002 * \, 'T ` . ......... � 00042 MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851-5169 FAX: (716) 851 -4294 F -mail: mkearnsecity- buffalo.com MEMORANDUM TO: Gerald Chwalinski FROM: Councilmember Kearns DATE March 5, 2009 RE: Discovery School #67 Letter NAIRMAN FINANCE WATERFRONT DEVL[- OPMFNT BUDGFT BURA CIVIL SERVICE CLAIMS RULES Lr G15LATIVE ASSI5TANTS 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 March 31, 2009. Thank you. -�l "For the People', G S+ �E �i•�Cl i, 11f LOU PETRUCCI P / y�1 Y lrllfCrTl3l 1 !�'Y EC!'C 11�Tn ll } ��n n �►�rr A A Yr-T , l�� BOARD OF EDUCATION 65 Niagara Square - Room 801 City Nall Buffalo, New York 14202 Phone: (716) 816 -3570 • tax: (716) 851 -3937 March 23, 200 Dr. Jaynes A. Williams Superintendent Buffalo Public Schools Room 71.2 City Hall Buffalo, NY 14202 Dear Superintendent Williams: Over the past year, many parents have contacted me regarding two issues at the Discovery School #67, specifically the lack. of a full -time music teacher and the limited amount of foreign language instruction. As we prepare to compile the budget for FY 09/10, 1 ask that you take a moment to consider their requests. I submit that they fall within your goal of equity across the district. Discovery School has had a part time music teacher since inception whose percentage of time dedicated to the school has not increased as the school has gradually grown into a complete pre -K to 8 program. The children at Discovery excel in many different endeavors. Study after study has shown the relationship between high academic achievement and music instruction. The parents at Discovery are also concerned that their children receive only one year of foreign language instruction. This puts them at a disadvantage to their peens at such schools as Makowski or City Honors and furthermore makes the transition to high school, particularly private or parochial, snore difficult. The parents at Discovery are asking that the district provide additional foreign language to not only challenge their children. but to better prepare them for life in an ever increasingly flat world. As we prepare next year's budget, I submit that adjusting the budget to incorporate these programs would be of great benefit to both the students and their fainilies at Discovery and the district in general. y yours, Park District Representative Buffalo Board of Education CC. Carmela Botticello REFERRED THE SPECIAL Corld1wil"IFFEE ON EDUCATION PTSCO President Councilmember Michael Kearns County Legislator Tim Kennedy 019043 MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 C11Y HALL BUFFALO, NY 14202 -3318 P1-IONF: (716) 851 -5169 ® FAX: (716) 851 -4294 E -mail: mkeartis@city- 6uffafo.com MEMORANDUM TO: Gerald Chwalinski FROM: Councilmember Kearns DATE. March 25, 2009 iV NFTA Abbott Road Bus Concern CFIA FINANCE WATERFRONT DEVEI- OPMENT COMMITTEES BUDGET BURA CIVIL SERVICE C1 AIMS RULES LEGISi ATIVE ASSISTANTS MARTHA -ANN MURPHY KH.LY M- KRUG RUSSEL €. C. WEAVER I world like to file the attached inforination for the next Common Council meeting to be held on March 31, 2009. Thank you. "'For the People' Page I of 2 Murphy,Marti From: Maureen Razmus Uoniskelis @hotmail.eom] Sent: Friday, March 13, 2009 1:01 PM To: Councilmember Kearns Subject: NFTA Abbott Road Bus Concern Hello — I have lived in South Buffalo nearly my entire life. I have now owned a home in South Buffalo for the past nine years. I own a car, but take the bus to work both for environmental reasons and because I feel public transportation contributes to the vitality of a city. I am writing to advise Mr. Kearns of the elimination of a Route 14 (Abbott Road) bus tune, clueing prime morning commuting hours, and ask him to please consider contacting; the NFTA, requesting that they appeal their decision or, at the very least, rearrange other bus times on that route to make accommodations for those of us who need to be downtown by 9 a.m. The NFTA has a notification on their website (there has been no notification on the actual bus, so this "missing" bus may leave many people waiting; outside in the corning weeks) that, effective March 23, 2009, the 8:02 a.m. Route 14 Abbott Road bus to downtown Buffalo will be eliminated. The NFTA's justification for their elimination is that after a "thorough performance review ", they have determined that there is "very low ridership" (which is not true — the ridership on this bus is not "very low ", but rather inconsistent. Maybe one day a week, there are only approximately 10 -12 people on the bus, but most of the time it is quite full. In South Buffalo near St. Martin of Tours church, at least one person seems to get on the bus at every stop all the way up to Bailey Avenue). z ,V � This bus originates in the southtowns, but drives entirely through South Buffalo, into the First Ward, and into downtown Buffalo, and arrives downtown at approximately 8.45 a.m., making it perfect for those of us with downtown work times of 9 a.m., as well as those people with jury duty beginning at 9 a.m., appointments at 9 a.m., etc. (many of whom get on the bus in South Buffalo) Below are the reasons why the elimination of this bus route is unacceptable: 1 - Most importantly, the elimination of this bus time leaves a nearly 40- minute time gap during which no Abbott Road bus arrives in downtown Buffalo DURING PRIME MORNING COMMUTE TIMES! The prior bus arrives downtown at 5:23 a.m. and the subsequent bus arrives at 8:59 a.m. The 8:59 arrival time is useless to anyone with a 9 a.m. start tinge, jury duty, appointment, etc. — there is no time to walk to your destination Therefore, all the passengers of the eliminated bus must now take a bus nearly 30 minutes earlier in the morning or be late for work, etc. I find this unacceptable for a main city bus. This is not a rural route. As a resident of a city, I expect reasonable morning public transportation. 2 — If you review the other times eliminated by the NFTA throughout WNY, this is one of the only, if not THE only, time which was eliminated during; prink commute times. 3 — If, due to understandable budget restrictions, the NFTA is determined to eliminate an Abbott Road bus time in the morning, they simply must rearrange the times of the other Abbott Road morning buses, so that at least ONE bus arrives downtown between 8:35- 8:50 -ish, so people can get to work, appointments, etc., without having to be 1/2 hour early. 03/13/2009 Page 2 of 2 r E 4 — There is a Route lb (South Park) bus which runs very closely with the 8:02 Abbott Road bus, and 1 suspect influenced the NFT'A's decision, but that runs only from Bailey Avenue onward downtown. What about the blocks and blocks of Abbott Road commuters who have no option to take the 16 bus? 5 —There are a wide variety of people who take this bus — from office workers to the elderly, to those serving jury duty, to college students who transfer to the subway downtown, to families going to appointments downtown, etc. One common element is that an 8:59 a.m. arrival time downtown is useless to most of us. I appreciate your time and consideration in reading this concern and would appreciate any contact made on the passengers' behalf, Obviously, this is not an issue which affects hundreds of people. However, I feel the elimination of such a "rush hour" time on a city bus is - unacceptable, diminishes the community, and is very poor planning on the part of the NFTA. Thank you, Maureen Razmus Hotmail® is up to 70% taster. Now good news travels really fast. Find out more. REFS R TO T ll rn C `M "E ON WMUMU VII DEVELOPMENT. 03/13/2009 MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBLIZ 65 NIAGARA SQUARE, 1401 CITY I FALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5169 ® FAX: (716) 851 -4294 F- snail: mkearns @city- b1JffaI0.00m MEMORANDUM TO: Gerald Chwalinski FROM: Counciln Kearns CHAIRMAN FINANCE WATERFRONT DEVELOPMENT COMMInEfs BLjDGFT BURA CIVIL SERVICE CLAIMS RULES LEGISLATIVE ASSISTANTS MARTHA-ANN MURPHY KELLY M. KRUG RUSSELL C. WEAVER DATE: March 25, 2009 Quality of Life Concerns: Need to Enforce Law on Unlawful Posters 1 would like to file the attached information for the next Common Council meeting to be held on March 31, 2009. Thank you. "'For the People" i '1) ti February 18", 2009 Re : Quality of Life Concerns: Need to Enforce .Law on Unlawful Posters Dear Councilmember Kearns, I would like to address an issue with you and your colleagues regarding a city and state law that is not being enforced but needs to be. A law has been in our City Charter(S- 387 -4) and the New York State Penal Code for years and has very little enforcement. The law states that it is unlawful for a person to attach bills, posters, letters,etc. to lamps, electric light posts and hydrants of city and state property. If you look around the city(especially on weekends) you will notice hundreds of posters attached to posts illegally with nothing being done about it. These posters detract greatly from our city's neighborhoods. Many of these posters and advertisements fall down or blow away becoming trash and debris. For over five years, I have been working on a project to clean up our area from these unlawful signs, most recently the past three years with the help of A District Police. We remove the sign and then. send a letter out to the address on the sign notifying them of the Jaw. To date, my records show that we have sent out letters to over 500 residents. I need the help of city lawmakers and enforcement agencies to address this issue throughout the entire city. These illegal. posters are certainly another form of graffiti which affects quality of life and discourages business investment. A major effort in our city has been underway to address quality of life issues over the last year. I would like to see city inspectors and/or the quality of life patrol to start issuing summons to address this major quality of life issue which has been mostly ignored. The South Buffalo community which I have been working on(Abbott Rd., South Park, McKinley Pkwy,and parts of Seneca) is much cleaner because of this effort. We need to educate city residents of the law banning; these ads, and then to properly enforce it. [ believe it would be a good idea to print an advisory note next to the garage sale ads in the newspaper on a weekly basis. I look forward to your quick response and help in this important matter, Marge Ryan, President South Buffalo Alive 826 -3158 CC: Mayor Brown, Police Commisioner Gipson, Chief Strobele, Commisioner Comerford, All Councilmembers, Assemblyman Mark Schroeder, legislator Tim Kennedy REFER RED, 1 THE-- C110MMITTEE rl MARK J. F SCHROEDER Assemblymmber 145 District Room 323 Legislative oifice. Building Albany, New York 12246 516- 455 -4691 FAX: 515- 455 -5238 2019 Sertaca Street Bufialo, New York 14210 715 -826 -0152 FAX: 716 -526 -1347 March 19, 2009 Marge Ryan South Buffalo Alive 25 Coolidge Road Buffalo, NY 14220 Dear Marge: I f,` CHAIR Subcommittee on Autism COMMITTEES Insurance Local Governments Mental Health Oversight, Analysis & Investigation Small Business Veterans' Affairs I would like to thank you for your recent letter regarding the unlawful posters that pollute our community. I fully support and applaud your initiatives to establish a better quality of life in our city. If there is anything that I can do to help your efforts, please feel free to call me. Sincerely, ,,�A d - Mark J.F. Schroeder cc: Mayor Byron Brown Police Commissioner H. McCarthy Gipson Erie County Legislator'Pin1 Kennedy A- District Police Chief Brian Strobele Commissioner Jim Comerford Buffalo Common Council Members THE ASSEMBLY STATE OF NEW YORK ALBANY Representing South Buffalo, The Old First Ward, Kaisertown, Lovejoy, The Valley, Hickory Woods, Seneca - Babcock, Clinton - Bailey, Lackawanna, West Seneca, and Orchard Bark. 0005 MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALa, NY 14202-3318 PHONE: (716) 851 -5169 4 FAX: (716) 851 -4294 E -maiE mkearns @city- buffalo.com MEMORANDUM TO: Gerald Chwalinski FROM" Councilmember Kearns DATE: March 19, 2009 Condition of Cazenovia Park and Casino f C"AIRMAN FINANCE WATERFRONT DE.vuI.OI'MFNT COMMITTEES BUNGLE 131-)RA CIVIL SERVICE CLAIMS RULES LEGISIATIVE ASSISTANTS MARTI IA-ANN MURPHY KELLY M. KRUG RUssI LL C. WF.AVFR I would like to file the attached Information for the next Common Council meeting to be held on March 31, 2009. Thank you. "'For the People" Murphy,Marti From: Rick 5peth [richard1597 @earthlink.net) Sent: Wednesday, March 11, 2009 11:48 AM To: Councilmember Kearns Subject: Deplorable Condition of Cazenovia Park Ili Hickey, Caz Park, once one of the crown jewels of the Olmsted Park System is looking very shabby these days. It's not just that the snow has melted and it is visible now. Many of these things have been a problem for years now. Many of these listed below may be known to you and there may be more, but I wi.11. _List them, not necessarily in order of priority. Brick lined curbs along Warren Spahn Way are broken and sunken as not: to be effective. 2 Poor drainage on Warren Spahn on same side as casino between casino and the creek, causing big pools of water after a big rain. 3 4 broken (sheared off) street lights on Warren Spahn. 4 Newman Way, bordering the park, is a di.sistex now (after the sewer project) with pavement being broken and full of gravel and potholes, curbs being ruined, and new sewer drains being exposed as to be dangerous. 5 Of course, Marcy Casino is a well known issue. 6 The devasLat:i.o.n in the grassland area of the park as a result of the sewer project. No doubt, there are many more, but- these are the ones that stick ouL the most. I would like to know from you, what the plan is to address each of these problems, and the timefr.ame expected to get them corrected. If you want a guided tour, I will be happy to accompany you any time. Hest- regards and Happy St. Patrick's Day. Rick Spet.h EE #as TF CORRAIT r N FINANCE, 1 0004; FACT SHEET March 2009 Environmental Investigation and Cleanup Work Plan for 1132 & 1146 Seneca Street Site in Buffalo Available for Public Comment Brownfield Cleanup Pro ram Pro'ect No. C915228 Introduction The New York State Department of Environmental Conservation (NYSDEC) welcomes public comment as it reviews a Remedial Investigation/ Interim Remedial Measures (RI /IRM) Work Plan for the 1132 & 1146 Seneca Street site in Buffalo, Erie County. The work plan outlines planned site investigations and focused removal of PCB - impacted soil. PCBs, or polychlorinated biplrenyls, are large, bulky molecules that are oily in nature and hard to break down. The removal of the impacted soil is part of a cleanup action called an interim remedial treasure (IRM). The IRM can be conducted relatively quickly to address obvious issues at the site and minimize environmental and health risks. In addition to impacted soil, groundwater may be contaminated as well. A site - wide remedial investigation (RI) will help to determine if other areas require cleanup. The investigation and interim remedial measure work at the site will be performed under New York State's Brownfield Cleanup Program. The BCP provides existing or potential property owners financial incentives to promote the voluntary cleanup, redevelopment, and revival of Brownfield sites_ Flexo- Transparent, Ine. entered the BCP to clean up the site and plans to reuse it to expand their packaging materials manufacturing facility. Public Comments about the Ri /IRM Work Plan The RU1RM Work Plan is available for public viewing at the locations listed in this fact sheet and on the NYSDEC website (link provided on next page). NYSDEC will accept written public comments about the RIARM Work Plan for 30 days; from March 16, 2009 through April: 14, 2009. Written cornrrients should be submitted to the DEC project manager listed on the opposite page. Site .Background The project site includes two adjoining parcels, 1132 and 1146 Seneca Street, in a mixed industrial, commercial, and residential area of Buffalo, New York. The total size of the project site is 3.7 acres. The 1.7 acre western parcel (1132 Seneca St.) is mostly covered by a single large abandoned manufacturing building. This building is estimated to have been built in 1920. In the past this property was used for a lumber yard and a rail yard. The site was also used for manufacturing PCB - containing electrical transformers and fiberglass platforms. The 2.0 acre eastern parcel (1146 Seneca) currently has no building structures and is overgrown with grass and weeds. Historical uses include a lumber yard, a rail yard, a clay products manufacturing facility, and a gas filling station. A portion of the property also may have been used by Westinghouse and Eastern Electric for the manufacture of transformers. Previous environmental investigations on these parcels have confirmed elevated concentrations of PCBs in. soil both beneath a loading dock within the manufacturing building and behind the building. Concentrations of some metals were also present in soil on both parcels at concentrations above regulatory criteria. XXIL_A Xzrnn ir__ TT- _____e__ ■______ "-- ..a___ --_-� r+�_ _ °--- • _ v .. ._� r .....,.. _n VVhill VV III tIIC Upcolftlllg lavestlg,atimi and Cleanup VYOI"K lltvolve The planned IRM work will address immediate environmental concerns presented by contamination at the site. Under the oversight of DEC, upcoming IRM cleanup activities will include: • Removing the interior rail road track and underlying concrete floor at the loading dock; • Excavating PCB- impacted soil at two areas on the 1132 property and disposing it at a permitted facility; • Sampling the side -wall and floor of each excavation to confirm that cleanup objectives have been achieved; and • Backfilling excavations with clean soil. The planned remedial investigation will provide additional data to determine if other areas are contaminated and need to be addressed. The RI work will include: • Drilling soil borings; • Excavating test pits; • Installing groundwater monitoring wells; • Sampling and analyzing surface soil, subsurface soil, groundwater, and sub -slab soil vapor; and • Evaluating human health risks, if any. Possible Health Impacts Currently, access to the site is restricted, although there is evidence of past trespassing and illegal use of the site, There are no immediate health impacts from the site to the surrounding area, but anyone illegally accessing the site could be exposed to site related contamination identified in certain areas of the site. The proposed IRM will address areas of known contamination. Next Steps NYSDEC will consider public comments before it approves the RI /IRM Work Plan. The New York State Department of Health (NYSDOH) must concur in the approval of the work plan. The approved plan will be available for public review at the locations listed below. After it is approved, Flexo Transparent, Inc. may proceed with the environmental investigation and IRM cleanup actions at the site. The RI and IRM are expected to be completed in 2009. NYSDEC will keep the public informed during the cleanup and redevelopment process of the 1132 &1146 Seneca Street Site through fact sheets similar to this one. Who Should I Call If I Have Questions About the Site? S ite-Related , , Environmental Questions , , _ _ .... , Mr. William P. Murray Project Manager NYSDEC 270 Michigan Avenue Buffalo, NY 14203 (716) 851 -7220 Site - Related Health Questions Mr. Cameron O'Connor Public Health Specialist NYSDOH 584 Delaware Avenue Buffalo, NY 14202 (716) 847 -4385 Locations to View Project Documents To keep you informed, NYSDEC has set up two locations at which you may view project documents. These locations include: Buffalo and Erie County Public Library Dudley Branch 2010 South Park Ave. Buffalo, New York 14220 Phone: (716) 823 -1854 NYSDEC Region 9 Office 270 Michigan Avenue Buffalo, New York 14203 Phone: (716) 851 -7220 (Please call for appointment) You can also view project documents online at the Region 9 Environmental Remediation Project Information page ( http : / /www.dec.ny.gov /chemical /37554.html Look for the Seneca Street entry under the Erie County heading. RECEIVED AND F4L 00047 New York State Department of Environmental Conservation Site Name. Donner Hanna Coke Larch 2009 Site No. 915017 Tax Map No. 132.12 -1 -9.121 Site Location: 100 Rittling Blvd., Buffalo, New York 14220 Inactive H azardous , ..., Di Sit D e list N The New York State Department of Environmental Conservation (the Department) is responsible for the State's Superfund Program and maintains a Registry of Inactive Hazardous Waste Disposal Sites for the purposes of identifying, investigating, and cleaning up sites where the disposal of hazardous waste may present a threat to public health and/or the environment. The Department has determined that this site {see map on reverse_ side no longer presents a threat to public health or the environment and is proposing to delist the site from the Registry for the following reason(s): Cleanup of the site was assumed by Hydro -Air Components under the Brownfield Cleanup Program (BCP) as Site #C915204. In 2007, envirornnental remediation and development under the BCP was completed and the site has been fully addressed. The site is now comprised of an approximately 144,000 square foot manufacturing facility and additional office space. An Environmental Easement, which contains a soil /fill management plan, prohibits groundwater use and restricts the site use to industrial, was filed in the Erie County Clerk's office on 12/2112007. Certification of Institutional Controls will be tracked under BCP Site #0915204. Exposures to contaminated soil /waste are not expected because the residual contamination is subsurface and covered. Exposures to contaminated groundwater via drinking water are not expected because the area is served by public water. Public comments are being received before the decision to remove this site from the Registry is finalized. The public comment period will end May 1, 2009. If you would like to provide us with written continents, please send them to: Maurice Moore, NYSDEC, Region 9, 270 Michigan Avenue, Buffalo, NY 14293, caaali (rr�tr.dec.sC jtc,n v .T �iS A summary of any comments will be assembled and made available for viewing at our Region 9 Office address, listed above. If we do not receive any new or additional information during this public comment period that changes our delist proposal, we will delist the site on or after May 31, 2009. If you own property adjacent to this site and are renting or leasing your property to someone else, please share this information with them. If you no longer wish to be on the contact list for this site or otherwise need to correct our records, please contact the Department's Project Manager listed below. FOR MORE INFORMATION Additional intonation about this site can be found using the Department's "Environmental Site Remediation Database Search" engine which is located on the internet at: The Department is sending you this notice in accordance with Environmental Conservation Law Article 27, 'Title 13 and its companion regulation (6 NYCRR 375- 2.7(b)(6)(ii)) which requires the Department to notify all parties on the contact list for this site of this recent action. P Approximate Site Locations . Donner Hanna Coke, Site No. #915017 100 Rittling Blvd., Buffalo, New York 14220 V - QCWEsT S t a �.t,a r f 12 rr. Gtnit ,. Elk s fse i7b} #trrpn["f+J �ef t Aroda 5t Q �� .. . lrtlib�na 5t :'$ Tt { .. baraga at 'sS a ka TOffe Nat at TVA st VV hroodslde A I aw -fridd Ave. Caul dg i.c dnct AVe WoudAQ AV i NGIng AW r'Micillplit AW Ril fiol" cohatc. Ave lEd�dl� g Fly fia� *�� Rd Fr; � utilrr btu C3kc.1[ :it @•iarila st 6 Ashton Pl :" kdc.n -St . #w. 03/19/2809 12:83 ©LMSTED CONU 1 0004 for Immediate Release: March 19,2" -A BUFFALO OLMSTED PARKS NO. 876 GP81 For .morn I -iformation Katie liampino Development & Marketing P 716 - 83$ - 1249 ext, $0 f 716 -M -1300 re narrtfi + {Ir park j', prilph OLMSTED PARR COMMUNM Grant Supported Buffalo, N'Y - More than 300 v $20,000 grant from the Comn Parks Conservancy's workplac Social Services participants t independent and self- sufficien Opportunities to interact with while receiving specialized job by increasing economic- self -su Through this agreement, Erie Individuals in Vital Gpportur parks year-round. Expecting j, 2008, a 21% increase from 20 regular attendance and produc CONSERVANCY RECEIVED $20,000 FROM ATION FOR GREATER, BUFFALO Training Program for Social Services participants rkfare participants helped clean the Olmsted parks in 2009, thanks to a pity Foundation for Greater Btt falo to expand the Buffalo Olmsted training program, The program concentrates on giving Erie County tools they need to leave the welfare system and become merry: Participants work in an integrated workplace enviroiunent and have Ilmsted staff, park users, volunteers and other social serviced clients dlis training. This program supports one of the foundation's p ri orities :icncy for low- income individuals and families. 'aunty Department of Social Services Workfare and PIVOT (Placing y Training) programs assigned participants to work in the Olmsted E 300 participants, the parr actually received 362 patticipants during The Conservancy plans to maintain the workforce and encourage The training program consists o daily on -the• oh training in order to give Workfare /PIVOT participants assigned to the Olmsted parks he skills and knowledge to become successful entry-level employees in parks and public & private greei i space organizations. They are also asked to attend three 2 - hour training sessions on various topics inclu g: workplace expectations, use of tools and equipment, maintenance of parks, horticultural skills and fai `lity management. 13y yearend, the Conservancy tromoted twenty -five Workfare clients to the PIVOT program_ Since lu 2004, Ohngted has red eleve former Workfare /PIVOT participants as full - tune or seasonal parks staff. The Conservancy hopes a numbers uQ continue to grow as they encourage the economic self - sufficiency for low- incorxwe indi duals and their families. The Community Foundation for Greater Buffalo (C:FGB) is a public charity holdh more than 800 different charitable funds, Iarge ind small, established by individuals, families, nonprofit agencies and businesses to benefit Western New York. The foundation was established in 1919 to enhance and encourage long -term p1dw -ithro y in the Western New York community, `Their mission is connecting people, ideas and resources to ir tprove lives in Western New York. The Buffalo Olmsted Parks Cor servancy is a not - for - profit, independent, community organization that promotes, preserves, restores, a ihances, and ensures maintenance of Frederick Law Olmsted- designed parks and parkways in the G eater Buffalo area now and for future generations. The Conservancy recently released its Plan for the 27st (century, a blueprint for the management and restoration of the entire park system, Listed on the Nati naI Register of Historic Places, the Olmsted system in Buffalo is the first of its kind in the nation designs by America`s greatest landscape architect. P;1r1'6& k- ]W 84 ( >ark icli• Awmie € tifl tlo, NY 1421,1 p (71A) s3K - I2. {9 ( (716)S.15 - 110t) �vwtiv .ituff�lnulnttitcdp�rks.nrg 0004 9 AV �klk r 5 � \ u.' County of Erie CHRIS COLLINS COUNTY EXECUTIVE DEPARTMENT OF SOCIAL SERVICES MICHAEL WEINER, M.S., M.B.A. COMMISSIONER 24 March 2009 Mr. William B. Licata Senior Legislative Assistant Buffalo Cosnnlon Council 65 Niagara Square Room 1308 Buffalo, Now York 14202 1� Item #70, C.C.P. February 17, 2009 "Day Care Tax Penalty" (Mast) Dear Mr. Licata., This letter is a follow -up to the Erie County Department of Social Services (DSS) meeting with the Erie County Legislature Health and Human Services Committee last week. As previously stated, please be advised that the Day Care providers paid by DSS are licensed by the State of New York and as such are not "casual babysitters" as indicated in your attached resolution. There are also non - licensed or informal (legally exempt) day care providers. A parent has the options to use an informal provider and that provider then can opt to care for the child(ren) in their own home or at the child(ren)'s home. The latter is considered In -Home day care and as such. the day care voucher is sent to the parent, although both the parent and provider have to complete, sign and return it. Additionally, the check for those services is sent to the parent and the parent is responsible to pay the provider. In those cases where the child is cared for in their own ]ionic by an informal day care provider, the chili's parent(s) are responsible for issuing a W -2 form to that provider. However, in all other day care cases DSS issues a 1099 fonn directly to the provider. ]'he instructions for Box Three (Other Income) on form 1099 - MISC state in Pertinent part: Enter other income of $6010 or more required to be reported on Iorm 1099- 111ISC that is not reportable in one of the other boxes on the,fnrin. Elko eater in box 3 prizes and awards that are not for services performed. \� J EDWARD A. RATH COUNTY OFFICE BUILDING, 95 FRANKLIN STREET, BUFFALO, NEW YORK 14202-3958 • www.erie.gov Other items required to he reported in box 3 include the following. 1. Generally, all punitive damages, any damages for nonphysical injuries or sickness, and any other taxable damages. Damages received on account of emotional distress . _ . also report liquidated damages received under the Age Discrimination in Tmployment .Act of 1967. Taxable bade pay damages may be wages and reportable on Form W -2. 2. Payments as explained on page 2 under Deceased employee's wages. 3. Payments as explained on page 3 under Indian ganung profits, payments to tribal members. 4. Payments made to former employees while they are in military service with the United ,S "tates Government or active service with the National Guard, S. Termination payments to former self = employed insurance salespeople. b. A payment or series of payments made to individuals for participating in a medical research study or studies. I believe that it is self- evident from the above descriptions that income derived from providing; Day Care services would not qualify such income for inclusion in this category. The instructions for Box Seven ( Nonemployee Compensation) on form 1099- M ISC state in pertinent part: Enter nonemployee compensation of ,5600 or more. Include fees, commissions, prizes and awards for services pefrrned as a nonemployee, other forms of compensation for services performed for your trade or business by an individual who is not your employee. . . . Generally, amounts reportable in boy: 7 are subject to se f employment tax. If payments to individuals are not subject to this tax and are not reportable elsewhere oil h'orrn 1099- MIS'C, report the payments in boy: 3. However, report section 530 (of the Revenue Act of 1970 worker payments in box 7. What is nonemployee compensation? If the following four conditions are met, you must generally report a payment as nonemployee compensation. • You made the payment to someone who is riot your employee; • You made the payment for services in the course of your trade or business (including government agencies and nonprofit organizations); • You made the payment to an individual, partnership, estate, or, in some cases, a corporation; and • You made payments to the payee of (it least $600 during the year. Examples. The followiing are some examples ofpayraents to be reported in box 7. • Pr "ofe.SsaonL$l service fees, such as fees to Ctttorraeys (incluClang eorpor'ations), accountants, architects, contractors, engineers, etc. • Payment for services, including payment for parts or materials used to peg forin the services if srtipplying the parts or materials was incidental to providing the service. • A fee paid to a nonenrployee, including an independent contractor, or travel reimbuti sentient for which the nonemployee slid not account to the payer, if the fee and reimbursement total (it least $600. I also believe that income derived from. providing Day Care services falls into this category and must be reported as such.. Therefore, despite the good intentions of the proposed resolution, the Erie County Department of Social Services cannot "report daycare income as other income in (Box 3) for regular tax purposes" because we believe that it would be a violation of the Federal Tax Code. Finally, the NYS Office of Temporary and Disability Assistance (OTDA) issues its own regulations governing in which box oil :forma 1099 non - employee compensation must be reported. The Indirect Payrnclit Processing Sub- System Manual requires DSS to enter such non- employee income in "box 7. Although DSS recognizes the concerns of the Buffalo Common Council. regarding this issue we are bound by both Federal Tax code and NYS regulations in how we report non- employee income as earned by day care providers. Please feel free to contact me at 716.858.6271 If you have any questions. Very truly ours, Mickey II. erreicller Director of Legal Affairs cc: Michael Weiner, Cotnmissioner Hon. Thomas J, Mazur .Paul Henderson Frank DeCarlo REFERRED t i , fir.- i t ., ....... a00�9 mar, 10 o C' r _5 t, C o Yet lo .. , . E t 6 e � &J 4 . 14 � - l 0 vo = &-P4 tk' ./� K. '- tj c( --S. t s e re jL-i)Y W � S7 41Q, t� eu `' r- J 14A- C/O �. U d a c REFER TO T HE COMMITTEE ON L EG I S L AT I ON . 6 ?(2,S 0005 THE WEST VILLAGE RENAISSANCE GROUP $1 JOHNSON PARK RLii i AzO, I I� Y0iRK i 420 1 . 716-440-1106 HTTP: / /WWW.JPRESTORATION.COM- WVRG BUFALLOOMSN.COM R1 S'I'ORN11ON 1IJND March 30, 2009 )" �r'�t- r Buffalo Common Council City Hall 65 Niagara Square Buffalo, New York 14202 Honorable Members of Buffalo's Common Council: We are writing in response to the Single Page Communication to the Common Council by James Comerford dated March 23, 2009. First, allow us to thank you for making the process so transparent via posting the initial proceedings on the city's website. Without this action, we would not have been able to attest to what we have experienced vs. this Single Page Communication. The records we received from our FOIL requests were not complete, nor did they provide all information on current permits applied for by Big Star Development, LLC. Instead we received copies of permits that had been issued to Barnas and 83 Prospect, Inc, former owners of said property along with one permit to Big Star Development, LLC. None of the paperwork appeared to have been finalized, nor was there any indication of expiration date or evidence of these permits, except for roofing work, on the doors or windows during actual activity. Additionally, what we state, in our summary of review of the premises, is in direct opposition of what the inspectors found. As stated in a previous communication, we had professionals -- firefighter, electrician, etc. - as our advisors. We do not step lightly and most assuredly, do our homework. Thank you. REFERRED TO TrHIPE TEE ON LEGISLAIII PETITIONS March 31, 2009 0005 I� S. Toequie, Owner, Use 688 E. Delavan for a Beauty Parlor (Mas)(hrg, 417) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD O FFICE OF THE CI TY CLERIC GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK S OLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HAIL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: to be held in the Council Chamber, 13th f=loor, City Hall On. — - �7 AT 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above.; Signed[ b Agent or E3wner) _Phone 1 #1 C20 Print 1! Dal ATTENTION: / ( ' L '5 PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER 851 -5086 FOR PLANNING WARD MEETING. ............ . .............. ' Date /Time By Date / Time By Processed 03/17/2009 11:52 DIGEF Temp COO Issued COO F inal . E=xpires .Associate.d Information — Valuation, ___ _ _._... E Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group FLAT Actual Valuation 0.00 Square Footage 0.00 Name _Description of Work_ 3 ( < ** *COMMON COUNCIL,PUBLIC HEARING,FEE REQUIRED (511- 12K.(1)(d) * ** TO ADD AN ACCESSORY USE TO A 2 STORY 2 FAMILY FRAME DWELLING l E L T O IN A 2 CHAIR BEAUTY PARLOR IN THE LOWER APT.1 Parent A/P #� Project # Slze /Area Project/Phase Name Size Description Address 688 DELAVAN EAST BUFFALO NY 14215- Location Contact!) AC42739 Name 1 -2 -3 GO,INC, Mailing Address 2711 CENTERVILLE RD, STE 400 City WILMINGTON ZIP /PC 19808 -1645 Day Phone Fax Occupant N From To Contact ID AC1136326 Name BAH,TAIBC)U Mailing Address 688 DELAVAN LAST City BUFFALO ZIP/PC 14215 Day Phone Fax Occupant N From To Contact ID AC883849 Name BAH,TAIBOU Mailing Address 22 VER AVE City BUFFALO ZIP /PC 14225 Day Phone Fax Occupant N From To Phase # Organization State /Province DE Country [_] Foreign Evening Phone Mobile # Owner Y From 05/28/2000 To 05/06/2007 Organization State /Province NY Country USA Q Foreign Evening Phone Mobile # Owner Y From 06/24/2002 To 05/06/2007 Organization State /Province NY Country USA Foreign Evening Phone Mobile It Owner Y From 11/25/2001 To 05/06/2007 City of 8orfalo 65 Niagara Square Buffalo, NY 14202 (r16)851 -4949 Fax (7%)851-5472 USE Building Application Report Date 03/17/2009 11 :53 AM Submitted By FLD Page 2 Contact ID AC320582 Name STEPHENA TOCQUIE Mailing Address 710 ENGLISH VILt ACE Organization City ROCHESTER State/Province NY ZIP/PC 14616 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 06/1812003 To Contact ID AC228059 Name ALVIN TOE Mailing Address 710 ENGLISH VILLAGE Organization City ROCHESTER Expire State/Province NY ZIP /PC 14616 Country USA Day Phone Phone Evening Phone Fax Address (SEE UNDER APPLICANT) Mobile # Occupant N From To Owner Y From 06/18/2003 To Contact ID AC1240190 Name TOCQUIE STEPHENA TOE ALVIN Mailing Address % Organization City 710 ENGLISH VILLAGE= Type State /Province ROCHESTER NY ZIP /PC 14616 000000 Country ! I Day Phone OWNER OF PROPERTY Evening Phone ! Fax AC122429 Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 No Addresses are linked to this Application No Addresses are linked to this Application 0906900002022000 No Parcels are linked to this Application No Applicant Contacts [_) Foreign ❑ Foreign ❑ Foreign Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNER Phone Fax Address (SEE UNDER APPLICANT) Comments OWNER/ STEP TOC OUIE 585-720-1 % fV ame 1"IC�ns Type Canfactl 000000 DMI AC12792 OWNER OF PROPERTY 0000000 PLU AC122429 OWNER 111111 HCQ AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNER 000000 HIM AC12792 OWNER OF PROPERTY Check Fees Fees Failed APPLICATION FEE FLAT FEES ($25.00) Unpaid PERMIT FEE ($25.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 451921 CC APP COMMON COUNCIL APPROVAL REQ'D Incomplete Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Not Chocked Check Children Status Children Successful Check Open Cases 4 Case # 159021 Ll Sewer Retention Case # 159022 [ Human Service Facility Case # 67401 [...) Telecommunication C ase # 168708 [_.) Portable Sign in ROW FG=es S tatu s hard #3a;te Air PERMIT FEE U 25.00 APPLICATION FEE FLAT FEES U 25.00 Bfio Arts Commission [] Arts Comm. Approval City Survey (can't) ( „] Subdivisions Permit Office ❑ Asbestos Survey Asbestos Abatement [ Special events n SondlCertified check U Assessment Combination City Engineering Common Council U Admin Office /Apts R4 ❑ First Insurances Check ❑ public Works approval [.] Curb Cuts Beauty Parlor R2 ]Notarized Permission/ for portable sign one year [ ] Encroachment (,_) CanopylMafquee ROW Lease showing Use () RodentiVermin Bait encroachment [,] Oversize Trucking Freestanding Sign [) SeweriWater Cut Ll Sewer Retention Plumbers' Culs [ Human Service Facility [] Simple Demolition [...) Telecommunication (..] Street Cuts [_.) Portable Sign in ROW OSimple Plan Approval [.) Restricted Use Permit ❑ Zoning/Use Check [...] Tfee over 4” at 4' City Planning 0 Other [..) Thruway Sign approval (J Citywide Site Plan [.] Subdivisions Environmental Review Preservation Board (...] zoning Variance Urban Renewal ( ") S E Q R q L) Preservation District [j N.E.P.A. ❑ Contiguous Check City Survey ( ) Address Permit Law Office Water Department H Development ( Insurances Check (.., ] New Water Supply [... ] Flood Plain) .................... ............................... Title Held [_.._) Water Retention ....... ......... .... . ... . ........ ........ . ...... ........ . City of Buffalo 65 Niagara Square Buffalo, NY 14202 171,6)851_1949 F (716,1851_5472 Report Date 03/17/2009 11:53 AM Submitted By FLO No Conditions There is no planning condition for this project. No Records for This Search Criteria M Work done by owner Residential Commercial C.) Multiple Dwelling Existing Use 2 FAMILY . New Use 2 FAMILY WI ACC. BEAUTY PARLOR Dwelling Units Lost 0 € Dwelling Units Added Q € Debris There are no Items in this list No Employee Entries No Log Entries ❑ Zoning Board (� Work with out Permit (FINE) FLAT FEES Electrical [) Plumbing (� Heating USE Building Application Page a i 0905' 3 S. Schneider, Owner, Use 427 Delaware for A Patio (Ell)(pub hrg 4/7) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics OFFICE OF THE CITY CLERK 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 `Phis is to acknowledge that I have been informed as to the time and place for the. public hearing regarding: to be held in the Council Chamber, 13th Floor, City Hall On: � AT 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. 7 Signed • #ent © ()wn'r) Print Name = �'aI'hanc # ?!rn 7,; 7 _,- ATTENTION: PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER 851-5086 FOR PLANNING BOARD MEETING. Address 427 DELAWARE BUFFALO NY 14202- Location Contact 10 AC320297 Name 427 DELAWARE HOLDINGS LLC Mailing Address 443 DELAWARE AVE Organization City BUFFALO State/Province NY ZIPIPC 14202 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 04111!2003 Contact ID AC1318944 Name JACOB SCHNEIDER Mailing Address 443 DELAWARE City BUFFALO ZIPIPC 94202 Day Phone (716)923 -7000 x Fax Occupant N From To Contact 10 AC74850 Name PATRICK J UCCI Mailing Address PO BOX 508 Linked Ad dresses No Ad d r esses a re linked to this Application AlP Linked Addre sses No Addresses are linked to (his Application To Foreign Organization 427 DELAWARE HOLDINGS INC State/Province NY Country USA [) Foreign Evening Phone Mobile # Owner Y From 0212312005 To 05/06/2007 City of Buffalo 65 Niagara Square Buffalo, NY 14202 171 )851 4949 F (7 ,11151 51411 OUTDORCAFE Building Application Report Date 03/17/2 02:12 PM Submitted By Mike Castro Page 2 1112200009016000 No Parcels are linked to this Application . No Applicant Contacts Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNER Phone Fax Address (SEE UNDER APPLICANT) Comments No Comments License #. _. Y. . - Contact'1 N .anze �� 000000 DM1 AC12792 OWNER OF PROPERTY 0000000 PLU AC122429 OWNER 111111 HCQ AC12792 OWNER OF PROPERTY 222222 SPC A0123700 OWNER 000000 HIM AC12792 OWNER OF PROPERTY Check Fees Check Inspections Check Reviews 451135 CC APP COMMON COUNCIL APPROVAL REQ'D 451134 ENGINEER ENCROACHMENT OVER CITY ROW? 451130 LANDMARK LANDMARK PROPERTY DISCTRICT Check Conditions Check Alert Conditions Check Licenses Check Children Status Check Open Cases Case # 160286 Fees Successful Inspections Successful Reviews Failed Incomplete Incomplete Incomplete Conditions Successful Alert Conditions Successful Not Checked Children Successfut 1 Total Unpaid 0.00 Total Paid 0.00 There are no Inspections for this Report 451135 CC APP 0 N ntht�lEL A SSOCIATES �NGtNEEHg. suRVSYO R S 1969 NIAGARA .FA[ Lg BLVD. PHONE FORMERLY KREH9IEL -GUAY- RUGG -HAIL AN@ 1 (R£H61EL $ }(R£H � CO w NOd, A X YORK 141 0 AREA C00£ 716 C 1'lt' o BuFF141LCy 893-9300 PART OF OUT1;R LC,r 21 COUNTY OF ErF2i . AE511RV£YEQ ai ht BEING TOWNSHIP I { RANGE a k ti w a r f SURVEY j1-lb4g r�� NOU5E LOC. Ne •.' r 008 No. q� F.B. `Irdr l- -Co� w. r■ �� {a SC ALE: I^ �� = 3p FT FO tA MD * o ti 17 C , 4.44 HwR'7H • I Y oo.00Ti. O r V I 3r7 vit► i'1 €� Q 0 44 ` I - I � F r wa .. - U� � WIC �la.l5 k y a1 a 0 to I - 1 co r (9 cl P P �'�• # I r 111 1 oo.00 In 0wTjZR �5 WAR Q Raw, T. ntht�lEL A SSOCIATES �NGtNEEHg. suRVSYO R S 1969 NIAGARA .FA[ Lg BLVD. PHONE FORMERLY KREH9IEL -GUAY- RUGG -HAIL AN@ 1 (R£H61EL $ }(R£H � CO w NOd, A X YORK 141 0 AREA C00£ 716 C 1'lt' o BuFF141LCy 893-9300 PART OF OUT1;R LC,r 21 COUNTY OF ErF2i . AE511RV£YEQ ai ht BEING TOWNSHIP I { RANGE a k ti w a r f SURVEY j1-lb4g r�� NOU5E LOC. Ne •.' r 008 No. q� F.B. `Irdr l- -Co� w. r■ �� {a SC ALE: I^ �� = 3p FT FO tA MD * 0005/1 N. Abraham, Agent, Use 210 Porter -Erect Masonry Addition for Take -Out Rest (Nia)(pub hrg 417) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CI'T'Y PLANNING BOARD O FFICE OF THE CI TY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics r 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14 ?_02 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regardinw c , to be held in the Council Chamber, l 3th Floor, City Hall On: (yo AT 2:00 PM. I am also infonned that this is the only notice that the petitioner and or owner will receive, and that ]CI ant not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the above. Signed , ( .� ent�r Owner) Ll Print Narne k)r rt 1ibre 'hone # ATTENTION: 5 Z -- 1 0 PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER 851 -5086 FOR PLANNING BOARD MEETING. A/P # 135991 Date / Time Processed 02/231200914:48 Issued Final a DIGEF Temp COO COO Expires Date /Time By A.ssodated- Intormation.- - ...._ ... — ... . _. _.. - — _ _ . - - Valuation...._. - -- - .......... .. . . ..... -... Type of Work # Plans 0 Declared Valuation 60000.40 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority QC] Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name ZIP /PC 14217 Description ...ot.-Work... . .- _..._._. - _— .... [_ ] Foreign < * * *PLANSIRESTRICTED USE PERMIT(FEE, PUBLIC NEARING REQUIRED) REQUIRED — TO ERECT A 14'6" X 10'3' MASONRY ADDITION TO A 1 STORY MASONRY CONVENIENCE STOREIGAS STATION IN THE PORTER -BUSTI SPECIAL ZONING DISTRICT AS PER COMMON COUNCIL RECOMENDATION TO CITY WIDE SITE PLANNING.> Fax ! Parent A/P # Project # ProjectlPhase Name Phase # Size /Area Size Description Address 210 PORTER BUFFALO NY 14201- Location Contact ID AC1247895 Name GOETZ OIL CORPORATION Mailing Address Organization City PO BOX A StatelProvince KENMORE NY ZIP /PC 14217 Country [_ ] Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC50507 Name GOETZ OIL CORPORATION Mailing Address P.O. BOX A Organization City RIVER ROAD State /Province KENMORE, NEW YORK ZIP /PC 14217 Country (_) Foreign f Day Phone Evening Phone J Fax Mobile # Occupant N From To Owner Y From 05f2812000 To 05/06/2007 Contact ID AC233839 Name JMD CITGO LLC Mailing Address 210 PORTER Organization City BUFFALO State /Province NY ZIP /PC 14201 Country USA [) Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 48/03/2005 TO City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (71 6 , 185 5 51-5479 Report Date 03/05/2009 11,43 AM No Addresses are linked to this Application No Addresses are linked to this Application 0998200003002000 No Parcels are linked to this No Applicant Contacts Submitted By FLD Page 2 Primary Y Capacity Type APPLICATION FEE ($50.00) Effective Expire Unpaid Contact ID TBB Name TO BE BID Phone (716)851 -4924 x Fax Address 301 CITY HALL Comments Inspections Successful BUFFALO, NY 14202- ARCHITECT/P.E./APPLICANT: NORMAN ABRAHAM 913 -5507 448174 BCOOEREV BUILDING CODE REVIEW Incomplete �-�`.�.. r* i�rs,�` Incomplete 448178 ELECTRICAL PLAN REVIEW REQ'D Incomplete 999999 HIM AC125720 TO BE BID Check Fees Fees Failed APPLICATION FEE ($50.00) Unpaid GC PLAN REVIEW - MERCANTILE ($50.00) Unpaid GC PMT, INSP, C OF O FEE - MERCANTILE ($5.95) Unpaid GC PMT,INSP,C OF O - INITIAL FEE ($200.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 448174 BCOOEREV BUILDING CODE REVIEW Incomplete 448175 CITY WIDE CITY WIDE SITE PLAN APPROVAL Incomplete 448178 ELECTRICAL PLAN REVIEW REQ'D Incomplete 448176 FPLAN FIRE PREVENTION PLAN REVIEWREQ Incomplete 448179 PERMIT REVIEW OF PERMIT TAB Incomplete 448177 PPLAN - PLUMBING PLAN REVIEW REQUIRED Incomplete Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 1 Case # 169278 APPLICATION FEE U 50.00 GC PLAN REVIEW - MERCANTILE U 50.00 GC PMT, INSP, C OF O FEE - MERCANTILE U 5.95 GC PMT,INSP,C OF O - INITIAL FEE U 200.00 GC Building Application Total Unpaid 305.95 Total Paid 0.00 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 - - -- -- _. _ - .... ..... . .... . Report E 03/05/2009 11 A3 AM Submitted By FLD There are no Inspections for this Report GC Building Application Page _ 3 448174 BCODEREV 0 N 021231200914:48 448175 CITY WIDE 0 N 02/23/2009 14:48 448178 ELECTRICAL 0 N 021231200914:48 448176 FPLAN 0 N 021231200914:48 448179 PERMIT 0 N 02123/200914 :48 448177 PPLAN 0 N 021231200914:48 Detail 1. PRIOR REQUIRED APPROVALS Comments ] Bond /Certified check No Comments First Insurances Check PRIOR APPROVALS [ ] Notarized Permission/ j Bflo Arts Commission City Survey (con't) Arts Comm. Approval [,) Subdivisions [.. ] Special events Simple Demolition ( Telecommunication Common Council City Engineering (__] Admin OffcelApts R4 (....] Curb Cuts Beauty Parlor R2 [ j Encroachment (D Canopy /Marquee ROW ❑ Oversize Trucking [) Freestanding Sign I c Plumbers' Cuts (]Human Service Facility [ _] Street Cuts (_) Portable Sign in ROW Restricted Use Permit City Planning Other ( Citywide Site Plan Modified By DIGEF [.) Subdivisions Environmental Review Urban Renewal [] S.E.Q.R.A. ❑ N.E.P.A. City Survey (_) Address Permit Law Office Development [_ ) Insurances Check (._.) Flood Plain (_] Title Held Detail 2. PLAN REVIEWS Comments No Comments Modified By DIGEF Modified DatolTime 03/05/2009 11:39 Permit Office (_] Asbestos Survey Asbestos Abatement ] Bond /Certified check [_) Assessment Combination First Insurances Check (� Public Works approval [ ] Notarized Permission/ for portable sign one year Lease shoving Use (, ] RodonVVermin Bait encroachment (� Sewerfwater Cut H Sewer Retention Simple Demolition ( Telecommunication (] Simple Plan Approval ()Tree over 4" at 4' �) Zoning /Use Check [ Thruway Sign approval Preservation Board (� Zoning Variance L] Preservation District ❑ Contiguous Check Water Department [� New Water Supply [] Water Retention Modified By DIGEF Modified Date/Time 02123!2009 14:47 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (71 RIAr+9_4949 Fax (716)851 -547? Report Date 031 0512009 11:43 AM PLAN REVIEWS Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review Plumbing Cade Review Electrical Code Review ❑ HVAC (Mechanical) Code Review Elevator Code Review Fire Code Review No Conditions Ro o _4 There is no planning condition for this project. No Records for This Search Criteria 0 No. of Residential Units Lost ( l Residential 0 No. of Residential Units Added ❑ Commercial ❑ Zoning Board of Appeals Building Construction: M 148.63 Y MEN There are no Items in this list s ­_ Mlmmll No Employee Entries GC Building Application Submitted By FLD Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mult. Dwellings Revisions Req'd. for Bldg Code Rev. ❑ Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVACJMech. Revisions Required for Elevators ❑ Revisions Required for Fire Bureau [,_) Work Without Permit (FINE) Debris. Page 4 ❑ Work Done by Owner s Truss Construction ELEVATORS You must fill out the custom form on activity detail if there is ELEVATOR work to be completed. City of uffaio 65 Niacgara Square Buffalo NY 14202 (716)851 -4949 Fax (716)851-5472 ...._. _ ........ _.............. Report Date 03/05/2009 11:43 AM .- - -._.. ......... _ Submitted By FL D No Log Entries cr:�.rn 7 o �u, 9'KiNl ti PIRWO Fl WA-P, Buff il. cr:�.rn 7 o �u, 9'KiNl ti PIRWO Fl 15.7rf D/17, YO 15/rf PLIANI 91 JMD CITGO, LLC WA-P, 15.7rf D/17, YO 15/rf PLIANI 91 JMD CITGO, LLC YO 15/rf PLIANI 91 JMD CITGO, LLC 00055 R. Vaillancourt, Agent, Use 7 Michigan South for 1 Story Masonry /Metal Panel Addition (South)(pub hrg 4/7) REIFER1tED TO THE COMMITTEE ON Lk;GISLATION AND TIIE CITY PLANNING BOARD O FFICE OF THE C ITY CL ERIC i GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics 65 NIAGARA SQUARE ROOM 1348 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 `I is to acknowledge that I have been informed as to the time and place for the public hearing regarding: I a) ; rh , % 0 � 1- )� - to be held in the Council Chamber, lath Floor, City Hall On: i Signed/, Agen car Owner) Print Naine V*kb'l!rtuyv.c o <[ -Phone # '7)6 - PS Un" �f 6'-�c 'i ' /'1-- AT 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that il'I am not the owner or petitioner, I will inforin said owner, petitioner or his/her agent of above. ATTENTION: PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNED 851 -5 FOR PLANNING BOARD MEETING. -- A/P # 136665 ........ 4plicailon info — PLANS REQUIRED A 1 STORY MASONRY /MLTAL PANEL ADDITIION TO EXISTING OFFICES NE CORNER OF MICHIGAN AVE AND FORMER GANSON ST. CITY WIDE SITE REVIEW REQUIRED. COASTAL ZONE RESTRICTED USE PERMIT REQUIRED COMMON.C FIFVIFWN € Y-01lIRFD FI"E &011IRV.D PU114 IC H5ARINC REQUIRED MICHAEL P. KEARNS COUNCILMAN 7 SOUTH MICHIGAN AKA 54 SOUTH MICHIGAN Parent A/P # Project # Size/Area PrapertylSitf Address Project/Phase Name Size Descri I n fo r ri8 7 MICHIGAN SOUTH BUFFALO NY 14203- Location O.wner/TenariY Phase # Contact ID A0257885 Name GENERAL MILLS PROPERTIES Mailing Address i GENERAL MILLS BLVD Organization GENERAL MILLS PROPERTIES City MINNEAPOLIS State/Province MN ZIP /PC 55426 Country USA (_) Foreign Day Phone (716 )657 -3603 x Evening Phone Fax Mobile # Contact ID AC279620 Name INC Mailing Address 1 GENERAL MILLS BLVD Organization City MINNEAPOLIS State/Province MN i zip/PC 55426 Country USA ( Foreign Day Phone Evening Phone Fax Mobile # No Addresses are linked to this Application City of Buffalo 65 Niagara Square Buffalo, NY 14202 (718)8514949 Fax (I 1S)S51 - 1 1 472 Report Date 03/20/2009 10:05 AM Submitted By JAMES CARR Primary N Capacity APPL Effective Expire Name RICHARD STIEVATER Ray Phone (716)883 -4400 x Eve Phone Pager PIN # Fax (716)883 -4268 Mobile E -Mail Address 470 FRANKLIN ST BUFFALO, NY 14202 USA Comments No Comments Primary N Capacity OWNER Effective Expire Name GENERAL MILLS PROPERTIES Ray Phone (716)857 -3603 x Eve Phone Pager PIN # Fax Mobile E -Mail Address 1 GENERAL MILLS BLVD MINNEAPOLIS, MN 55426 USA Comments OWNERS REP, HEATHER KELLY 8573587 Primary N Capacity OWNER Effective Expire Name INC Day Phone Eve Phone Pager PIN # Fax Mobile E -Mail Address 1 GENERAL MILLS BEND MINNEAPOLIS, MN 55426 USA Comments No Comments APPLICATION FEE GC PLAN REVIEW - BUSINESS GC PMT, INSP, C OF O FEE - BUSINESS GC PMT,INSP,C OF O - INITIAL FEE Organization Position Profession S Organization Position Profession Organization Position Profession Contact ID AC121278 ❑ Foreign TRAUTMAN ASSOCIATES Contact IR A0257885 (] Foreign GENERAL MILLS PROPERTIES Contact ID AC279620 ❑ Foreign U U U U Total Unpaid 384.40 GC Building Application 50.00 67.20 67.20 200.00 Total Paid 0.00 Page 2 City of Buffalo ......... ._..... .. ... . ........... .._.__. ..... ....... . .......... .......... _. _ - - - -._ ---- ......_ _ GC Building Application 65 Niagara Square Buffalo, NY 14202 (710)851 -4949 Fax (716)851 -5472 Report Date 03/20/2009 10:05 AM Submitted By JAMES CARR Page 3 Review Activities Act # Act Type Status Waived. Issued Started Completes! Comp By Comments 451580 ASB 0 N 031201200910:04 451572 BOODEREV 0 N 031201200910:04 451575 CC APP 0 N 03/20/2009 10:04 451573 CITY WIDE 0 i I N 03/20/2009 10:04 451574 CITY WIDE 0 N 03/2012009 10:04 451578 ELECTHICAL 0 N 03/201200910:04 451571 ELEVPLAN 0 N 03120/200910:04 451576 FPLAN 0 i N 03120/200910:04 451579 HPLAN 0 N 03/20/200910:04 451577 PPLAN 0 N 63/201200910:04 Check Conditions : - - Condition::. Approval ` Reproved fay Approved Clete Appfied By ; Appliesi Date Assigned Supervisor RSqull -.' Comments ........ ..._ ....... No Conditions l General Construction . 0 No. of Residential Units Lost [...) Resideutial Work Without Permit (FINE) Debris: 0 No. of Residential Units Added N Commercial U Work Done by Owner (_ -) Truss Construction Zoning Board of Appeals ELEVATORS You must till out the custom form an activity detail if there is ELEVATOR work to be completed. Building Construction: USE SQ FT..... USE Sq. Ft, Demo :GC B 1680.00 Y Employee Er#iployoe If3 Last. - -._. - - -.— .:.....: First _ .... fVl[ Comm ents ...:.:...:._ ... .. ..... _ - - .... No Employee Entries 1 City of Buffalo 65 Niagara Square Buffalo, NY 14202 ,71uj ° u5f - 4949 Fax (i i$Ju:i1 -c5472 GC Building Application Report Date 03 A M Submitted By JAMES CARR page 4 � x, r-A.' en f t 6. - 1 � ` - --. " ." ± - .•, #' j' p` ry ph, n:'• pA Apr Ciegw 2 r. �� TE 'nr+ F q c r� g L � e � P',j � 'te p E ti Q °' c 6 ^wN,yE -su n, sr rE FP.t ' �� M�LtS /O G ^ �• "^ `�i - R.. �� CE R�L 'YO Q pOao�.~~!�''y, ~u 1 M^ • sic c s • P.v Z SJY .y '�`^r Yf. r f Es � . '��+ � � ~ ` .. -- + � •w,y!i o� JeaC �n�Y� `.T �S.L�E� wu n. .;�wi.. - ` %�;; r rr S. tvJ � visioN R q`aro r •o � 4 -± ♦RN f E �DN SCALE OF FEET a "' so a so no / �• cewra�c.,r a...soa,v ur. coffin. "r. c"c " ( n ,,,� ' • ` prp �`� ° \\\\\\\\\ \ - j 11 ''•• l i C �re J r l I o ! ! 58 �rF k4 M � x, r-A.' en f t 6. - 1 � ` - --. " ." ± - .•, #' j' p` ry ph, n:'• pA Apr Ciegw 2 r. �� TE 'nr+ F q c r� g L � e � P',j � 'te p E ti Q °' c 6 ^wN,yE -su n, sr rE FP.t ' �� M�LtS /O G ^ �• "^ `�i - R.. �� CE R�L 'YO Q pOao�.~~!�''y, ~u 1 M^ • sic c s • P.v Z SJY .y '�`^r Yf. r f Es � . '��+ � � ~ ` .. -- + � •w,y!i o� JeaC �n�Y� `.T �S.L�E� wu n. .;�wi.. - ` %�;; r rr S. tvJ � visioN R q`aro r •o � 4 -± ♦RN f E �DN SCALE OF FEET a "' so a so no / �• cewra�c.,r a...soa,v ur. coffin. "r. c"c " ( n ,,,� ' • ` prp �`� ° \\\\\\\\\ \ - 1 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ¢APT 1 . PRO - jPrT Itd1:nPMATInM (Tn hp rnnnnleted by Applicant or Proiect Sponsor) 1. APPLICANTISPONSOR 2. PROJECT NAME GENERAL MILLS INC. GENERAL MILLS VISITOR CENTER 3. PROJECT LOCATION: Municipality BUFFALO County ERIE 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) - 525 MICHIGAN AVENUE - INTERSECTION OF MICHIGAN AVENUE AND GANSON STREET 5. PROPOSED ACTION IS: New Q Expansion El Modification /alteration 6. DESCRIBE PROJECT BRIEFLY: THE PROJECT CONSIST OF A 1,600 SQ. FT. ADDITION ONTO THE EXISTING GENERAL OFFICE FACILITY. THE WORK INCLUDES SECUIRTY UPDATES, VISITOR ENHANCMENTS, AND ADA ACCESSIBILITY COMPLIANCE. THE WORK DOES NOT IMPACT THE EXISTING PARKING AND VEHICULAR CIRCULATION. 7. AMOUNT OF LAND AFFECTED: Initially 0,045 acres Ultimately 0.058 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑f Yes No if No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJE=CT? El Residential IZI Industrial ❑ Commercial n Agriculture n Park/Forest/Open Space Other Describe: INDUSTRIAL AREA BETWEEN BUFFALO RIVER AND CITY SHIP CANAL, 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes No If Yes, list agency(s) name and pormitlapprovals: CITY OF BUF'F'ALO - BUILDING PERMIT, DESIGN AND SITE PLAN REVTIs'W APPROVAL, AND COASTAL REVIEW AREA APPROVAL. 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? D Yes No if Yes, list agency(s) name and permittapprovals: 12. AS A RESULT OF P_ ROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? Yes V1 No I CERTIFY T. T THE INFOR TION PROVIDED A OVE IS TRUE TO THE BEST OF MY KNOWLEDGE % Date: Applicant/sponsor na !t] e Signature: t� 7. he action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER AT( hitechue r 20 March 2009 Common Council 1401 City Hall Buffalo, New York 14202 Gentlemen /Ladies: GENERAL MILLS, INC., VISITOR CENTER 525 MICHIGAN AVENUE BUFFALO, NEW YORK 14203 TA PROJECT 0901 1 PROJECT OVERVIEW The project involves an addition onto the existing general office facility of General Mills, inc., located at 525 Michigan Avenue. The work consist of a 1,360 sq. ft. addition to the existing general office facility, a 272 sq. ft. renovation to the existing general office facility, and 272 sq, ft. of landscaping at the northeast corner of Ganson Street and Michigan Avenue_ The project incorporates much needed security updates to comply with homeland security standards for a port facility, visitor center, and ADA accessibility enhancements, including a handicap lift and handicap toilet room. Also, a visitor waiting area and conference room will allow visitors controlled access to the facility. The work does not impact the existing parking and vehicular circulation. The landscaping at the northeast corner of Michigan Avenue and Ganson Street will be completed by the Owner. The Proposed Action ("Project") involves private financing for the addition and renovation of a structure located at 525 Michigan Avenue (identified as 3 Michigan South and 7 Michigan South with Assessor's SBL numbers respectively 122.05 -12 -6 and 122.05 -12 -3) in the City of Buffalo, County of Erie. The project cost is $400,000 and construction is scheduled to start in May 2009, with occupancy in October 2009. Very truly yours, John F. Daly, P.E., CPD, LEED AP Vice President BVV: F: \clients \General Mills \0901 1 Visitor Ctr \Letters \Common Council 3 20 09bw.doc Enc Common Council Coastal Review Area Submission Package c Heather Kelly, General Mills PlZIN €PAlS: Richard J. Sticvatcr, AIA Robert P. Stelianou, P.F. RIc yard lvt, C �:h31r1 <,, AiA john J. VL;Movlc, AIA John I. D dy, S;E H R ASSOGATFS: Robe.rt Ii. Rmnpl, AIA Janes 1A. Raclvdarn, AiA, ASSOOMES Dnrlald R. MacDonald, R A_ 1etfrey M F'ICk, P,€-- 70 F:AN'KIIN �1R1:LI A 13u1FA10, r:v - 14202 -13 8 9 A Il6/8 4401 A I AX: / 16/fi81� 496: i 1011 f RI =.E::: "1 -8 77/223 -2734 bYWW,tfBLJ111cV18S50C.COr1 PPIta IFU ON ;00' PI:f rC1 G{l 4W`P HAJ6 Y07kSFALL . SCAP'xG -BY - :.FT} LEGEND o- t.s•yw T�SiTE FtRN': Gene M i i Is N n c. Visitor Center 525 Michigan Avenue, Buffalo NY 14203 20 March 2009 TA 0 49011 _ 1a��'t, AnAA m% nrchueaare 8nginccring riarsrsirsg ineerior pesign X10 Fronksn stmt ♦ BJRPW, N,Y. 1402 A i'6'9@3i400 � 0005 ; 'I'. Briatico, Agent, Use 518 Niagara for an Outdoor Patio (c»)(pub hrg 4/7) REFERRED TO ` HE COMMITTEE ON I...EGISLATION AND THE CITY PLANNING BOARD GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics 4 ` l 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: to be held in the Council Chamber, 13th Floor, City Ilall On: A'1'2!00 PM [ an also informed [flat this is the only notice that the petitioner anti or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed; g t .r Owner) Print ame er, Phone # ��� • . ! al ATTENTION: 6 C f C' PLEASE ALSO CONTACT BILL GRILLO PRINCIPAL PLANNER 851 -5086 FOR PLANNING BOARD MEE'T'ING. AIP # 136935 Application Information stages ..... _ ..................... II S.�.Olpt14t1.4f_}�L14Xk _ ...._.._ . .... .. .. . . . .. ......... COMMON COUNCIL APPROVAL REQ. (COASTAL REVIEW AREA) PUBLIC HEARING R6Q_ FEE REQ. PLACE AN OUTDOOR PATIO TO THE SIDE OF AN EXISTING SIT -IN BAR/REST PAT IO IS APPROX 27'X 34' PLANS REQ. Location OiivnerlTena�t Contact ID AC73041 Name GIMBRONE,JOHN P & W Mailing Address 520 NIAGARA ST City BUFFALO ZIP/PC 1 42 01 -1 741 Day Phone Fax Occupant N From To Contact ID AC 1320779 Name SCOTT HARTUNG Mailing Address 5389 SOUTH FREEMAN RD City ORCHARD PARK ZIP/PC 14172 - Day Phone (716)912 -8803 x Fax Occupant N From To Contact ID AC303733 Name MENEN LLC Mailing Address 1521 ALTON RD 88 City MIAMI BEACH ZIPIPC 33139 Day Phone Fax Occupant N From To Organization State/Province NY Country USA Evening Phone Mobile # Owner Y From 05/28/2000 Organization THE NEW RONDEZVOUS State/Province NY Country [] Foreign Evening Phone Mobile # Owner Y From 02/2312005 To 05106/2007 Organization StatelProvince FL Country USA Evening Phone Mobile # Owner Y From 07/1912005 To [] Foreign City of Buffalo OUTDORCAFE Building Application 65 Niagara Square Buffafo, NY 14202 171- 85 1'45417 Fax (7 E VjVSi - 5470 Report Dat 03/20/2009 03:39 PM Submitted By DAVID KRUG Page 2 No Addresses are linked to this Application No Addresses are linked to this Application 1102700004005000 No Parcels are linked to this Application No Applicant Contacts Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNER Phone Fax Address (SEE UNDER APPLICANT) Comments AGENT -TOMMASO BRIATIC0.856 -9131 C Lrcense 000000 Dmi AC12792 OWNER OF PROPERTY 0000000 PLU AC122429 OWNER 111111 HCQ AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNER 000000 HIM AC12792 OWNER OF PROPERTY Check Fees APPLICATION FEE ($25.00) Check Inspections Check Reviews 451793 CC APP COMMON COUNCIL APPROVAL REQ'D Check Conditions MID MULTI -DWELLING PROPERTY Check Alert Conditions Check Licenses Check Children Status Check Open Cases Case # 142286 APPLICATION FEE PERMIT FEE Fees Failed Unpaid Inspections Successful Reviews Failed Incomplete Conditions Failed Unapproved Alert Conditions Successful Not Checked Children Successful 1 U U Total Unpaid 25.00 451793 CC APP 0 IL! 25.00 0.00 Total Paid 0.00 OUTDOOR CAFE (PATIO) Business D.B.A. THE RENDEZVOUS ROOM Length 27 - Width 34.0 Location of Patio: L.) Front Left Side [] Right Side [) Rear Total Area 0.0 sq. ft. If There Is A Raised Deck Deck Height above grade ft. Does the Patio have its awn exiting? (Required )N Yes U 1 step - No handrails required, no guardrails required. Is this required exiting adequate for the patio area Yes (...) 2 steps or more - Handrails required each side of stairs; Does the patio involve or affect required exiting from the buildingf.) Yes no guardrails required until deck is 30" or more in height. Width of public sidewalks /walkways remaining for pedestrian passage ft. () Deck 30" or more in height - Handrails and guardrails required. Type °f patio boundaries: Tread width (= Exit Width) in. Number of Tables: 0 Number of Chairs: 24 Employee Employee ID No Employee Entries - -- Comments No Log Entries RUT; c 2r o l jK l a ri 5-VQAZ;A �vdtp�. -tLml ouaw� v=am ammi er— uu w� ti =tic 71 WC2F2 IDR Xty MEW C7-p Ln CD K3 CD a) CD (s CD - 0 3> a) m �R 14 2r o l jK l a ri 5-VQAZ;A �vdtp�. -tLml ouaw� v=am ammi er— uu w� ti =tic 71 WC2F2 IDR Xty MEW C7-p Ln CD K3 CD a) CD (s CD - 0 3> a) m �R V'1lL' R. Banks, Owner, Use 1256 Hertel, Reestablish Rest. In the Hertel Ave Special Dist (Del)(na pub hrg) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD ..Stages....._. - — - - - - .._._._. . - _ - Date I Time By Date 1 Time By Processed 03/16/2009 13 -41 CASTM Temp COO Issued COO Final Expire AssQCiatedlnfgrmafion ......... _.._ -- -- - -_... . . _ Valu.aticn ...- - Type of Work # Plans 0 Declared Valuation 1000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Croup Actual Valuation 0.00 Square Footage 0.00 Name DQscrlgtlo.n.of Work _.__ . ... - - COMMON COUNCIL - - APPROVAL. REQUIRED — R EESTABLISH RESTRICTED U OF A RESTAURANT IN THE HERTEL AVE SPECIAL DISTRICT. ... ... . -_ - -- ParentAlP# Project # ProjectlPhase Name SizelArea Size Description Phase # Address 1256 HERTEL BUFFALO NY 14216- Location vwnerf:r errant Contact ID AC208889 Name Mailing Address 773 NIAGARA FALLS BLVD City AMHERST ZIPIPC 14226 Day Phone Fax Occupant N From To 1256 HERTEL AVENUE Organization State/Province NY Country USA Evening Phone Mobile # Owner Y From 07!1112002 TO 4. L - ) Foreign Contact ID AC1215677 Name ASSOCIATES LLC 1256 HERTEL AVENUE Mailing Address CIO R L & B R CHAINANI Organization City 773 NIAGARA FALLS BLVD State/Province AMHERST NY ZIPIPC 14226 -2007 Country L) Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/2212005 To 0510612007 Contact ID AC287527 Name ASSOCIATES LLC Mailing Address 773 NIAGARA FALLS BLVD Organization City AMHERST State/Province NY ZIPIPC 14226 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 07/11/2002 To . ............ . . .... . . . -- C -) Foreign City of Buffalo 65 Niagara Square Buffalo, NY 14202 (71 C)851-4949 Fax (716)851 -5472 Rep D ate 03/16/2009 01:4 PM Submitted By Mi ke Castro USE Building Application Page 2 Contact Ib AC33405 Name CHAINANI,BONNIE R CHAINANI,RAMESH L; Mailing Address Organization City 773 NIAGARA FALLS BLVD State/Province AMHERST NY ZIPIPC 14226 Country Day Phone Evening Phone Fax Mobile # Occupant N From TO Owner Y From 05/14/2002 To 05108!2007 Contact ID AC 18233 Name MESCHES,HARRY D Mailing Address 288 ALLENHURST RD Organization HARRY MESCHER City BUFFALO State/Province NY ZIP/PC 14226 -3006 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner N From To 02/22/2005 No Addresses are linked to this Application No Addresses are linked to this Application 0786400003022000 No Parcels are linked to this Application No Applicant Contacts ❑ Foreign ❑ Foreign Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNER Phone Fax Address (SEE UNDER APPLICANT) Comments LEASES LESTER GILLIAM 930 9968 r Libane 000000 DM1 AC12792 OWNER OF PROPERTY 0000000 PLU AC122429 OWNER 111111 HCQ AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNER 000000 HIM AC12792 OWNER OF PROPERTY Check Fees APPLICATION FEE ($25.00) PERMIT FEE ($17.50) Check Inspections Check Reviews Fees Failed Unpaid Unpaid Inspections Successful Reviews Failed City of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14202 (7'3)851 --4949 Fax (716)851 -5+172 t)'. Report Date 03/1612009 01:49 PM S ubmitted By Mike Castro Page 3 tt @F17 [,7@8Gr3FJttoll Item status — .................. ........ . _..._ . ... — - - - 451023 CC APP COMMON COUNCIL APPROVAL REQ'D Incomplete Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Valid License(s) HIM License Valid Check Children Status Children Successful Check Open Ca 0 — -- Fees . Sfatus Maid date Amount PERMIT FEE U 17.50 APPLICATION FEE U 25.00 -- Total Unpaid 42.50 -- - - -- - Total Paid 0.00 - -- - + Inspec tions There are no Inspections for lh #s Report Review ....... j Act # Aet'fyy Sfatus Waived: issued Started Completed Co By :': '.Cp[tlr11ef1t5 ... 451023 CC APP 0 N Activity Review Details 3 No Activity Review Details !!!; - Check Condrtions' Condition Aiprpval Approved BY }4ppravel Rate : Applied By Applied Date Resigned Supervisor Requi . Corriments No _Cond4ions j- Planning Condi :' Description effective Expire Gomi ' There is no planning condition for this project, AfP # , A1F' type Status Stage Relation f I No Records for This Search Criteria fff - - I CHANGE . USE r U Work done by owner (� Zoning Board U Residential (� Work with out Permit (FINE) Z Commercial (-) Multiple Dwelling FLAT FEES Existing Use DINER New Use RESTAURANT Dwelling Units Lost 0 [) Electrical Dwelling Units Added 0 U Plumbing U Heating Debris City of Buffalo 65 Niagara Square Buffalo, NY 1420 (715)G51..1949 Fax,(715)851..5.4,72 USE Building Application Report Date 03/18/2009 01:49 PM Submitted By Mike Castro Page 4 1 ®000"5 J. Anadolu, Agent, Use 500 Ashland for a HSF (Del)(no pub lirg ) RI IiL;RRED "I'O "1'IIE COMMITTEE ON LEGISI..,A'I "ION AND THE, CITY PLANNING BOARD I - _ City of Buffalo 65 Nipgara Square B3 J fall" NY 14202 (716)8 -r1 .4949 Fax (716)851..547 I Report Date 03/24/20 10 A M USE Building Application Pag 1 1 A1P # 137141 Application information Stages - Date 1 Time By Date 1 Time By Processed Temp COO Issued COO Final Expires Associated Information -_- .... ..... .— - Valuation ... —.. Type of Work # Plans 0 Declared Valuation 1.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group FLAT Actual Valuation 0.00 Square Footage 0.00 Name Description of Work.... . ..._.. ..... _ _ _ _ ZBA APPROVAL RFQUI RED, SECTION 511 -136, FOR RESTRICTED USE PERMIT FOR A HUMAN SERVICE FACILITY. CHANGF OF USE - IN A 3.5 STORY FRAME 3- FAMILY MULTIPLE DWELLING, ALTER USE FROM A 3- FAMILY DWELLING TO A WOMEN'S HOMELESS SHELTER WITH PARKING. PLANS REQUIRED / IJ1 Parent AlP # Project # Project/Phase Name Phase # SizelArea Size Description Propertyl5ite information ...:: Address 500 ASHLAND BUFFALO NY 14222 Location i OWneTlTenant Contact ID AC51079 Mailing Address 762 TONAWANDA City BUFFALO ZIPIPC 14207 -1035 Day Phone Fax Occupant N From Name ANADOLLI,JOSEPH S To Contact ID AC305403 Name GORDON J Mailing Address 376 ROYCROFI BLVD City AMHERST ZIP/PC 14226 Day Phone (716 )570 -2670 x Fax Occupant N From To Organization StatelProvince NY Country USA Evening Phone Mobile # Owner Y From Organization StatelProvince NY Country USA Evening Phone Mobile # Owner Y From (.I Foreign 05/28/2000 To 05/05/2007 n Foreign 0 510 812 0 0 0 To Contact ID AC770264 Name JAMES B- & GORDON S. VOLLMER Mailing Address 376 ROYCRAFT BLVD Organization City AMHERST State /Province NY ZIP/PC 14226 Country USA (1 Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 11/24/2001 To 05/06/2007 Cit of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)651 -5472 Report Dat 03/24/2009 10:43 AM Subm By DAVID GRUND P age 2 Contact 10 AC303434 Name VOLLMER JAMES B & VOLLMER Mailing Address 376 ROYCROFT BLVD Effective Organization City AMHERST StatelProvince NY ZIPlPC 14226 Name Country USA Q Foreign Day Phone Evening Phone Fax Comments Mobile # Occupant N From To Owner Y From 05/08/2000 To Contact ID AC1248463 Name GORDON J VOLLMER JAMS B & VOLLMER Mailing Address UCBftB[ Organization City 376 ROYCROFT BLVD .: State /Province AMHERST NY ZIP/PC 14226 DM1 Country U Foreign Day Phone 0000000 Evening Phone Fax OWNER Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 No Addresses are linked to this Application No Addresses are linked to this Application 1002100005006000 No Parcels are linked to this Application No Applicant Contacts Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNER Phone Fax Address (SEE UNDER APPLICANT) Comments No Comments UCBftB[ G ©F1t8 t.►17 . .: 000000 DM1 AC12792 OWNER OF PROPERTY 0000000 PLU AC122429 OWNER 111111 HCQ AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNER 000000 HIM AC12792 OWNER OF PROPERTY ZONING BOARD FEE P 03/24/2009 10 75.00 PERMIT FEE U 50.00 APPLICATION FEE FLAT FEES U 25.00 Total U npaid _ _.., __ 75.00 Total P aid 75. 451993 FPLAN 0 N 451991 PLAN REV 0 N irivity Review Details No Activity Review Details Ghenk Cart{itians '' Ggildition A.. pproval Approved Sy Approved Date i s Applied B `. Applied Date Assigned Super visor Required. Comments No Conditions Status Stage Relation No Records far This Search Cnterra CHANGE OF .USE Work done by owner Zoning Board 0312412009 0925 Residential (] Work with out Permit (FINE) O Commercial N Multiple Dwelling FLAT FEES Existing Use 3-FAMILY DWELLING New Use WOMEN'S HOMELESS SHELTER WITH PARKING Dwelling Units Lost 0 Electrical Dwelling Units Added 6 () Plumbing [ .) Heating Debris No Log Entries OOL APPLMDOC APPLICATION FOR NiiT O N SERVTCFS RES TRICTED USE PERMIT Business Name a 1 6" Business Address Date Y G 20 `2 j -L Business Phone # (No., Street) (City, Townor Village) (State) (`Lip) Human Service Facility Address C oo Ar A� .. e_ w Buffalo, New York � (No., Street) Business Standing: Private Entity Public Entity Applicant Name Applicant Address � ` AM, (No., Street) (City, Town or Wage) (state) (ZIP Applicant's Business Position: Owner lk Partner Corporate Officer Other Business Operational Information Type of Facility: Food Pantry Soup Kitchen Walk -La 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 Detailed description of the Proposed Use U L k c c"v U- f _ e r- &�)./J 114 r M r( ( 1. Applicant Phone P -ell & 4 f r. r:. Page 1 of 2 . I APPLICATION MUST BE CONIPLETED IN FULL Business Operation Information Facility Days/firs of Operatio Number of Individuals Serviced (weekly) Activities/Programs at Facility Number of Residents to be Housed (If applicable) Z � w / Degree of Supervision at Facility A % / Demonstration Of Need (why services are aeeded/My this Location and r , Other Pertinent Information (�( .� . tA, � / °� -!� ✓Gt l E 'Y � : ^?� _; c� d Ap icant Sig "tore Subscribed add sworn to before me this ';�� Ta day o 0 L� C0MmhmEmw Ck#gdLhj ant( for the CIO of Buffalo, New York Page 2 of 2 I s RUEY �T R E- SU RV E Y `ti Ilal� fI 72 .r, - l..a.. J(�� lfiIA" n RE- SURVEY 'KRAUSE & GANTZER CIVIL ENGINEERS & LAND SURVEYORS - ANORE:WS BUILDING COVRY'& PEARL SYS.. _ - SURFALO, N. Y.:' ,mss. Teo t ra r ll'i * 5 �R � Y �LN 3i N ay [.. 6 'iVjJ; i s ar r 4 ap � 1 - 1 � � �.: �4 R7G. 2 ,'OU - .!/. 4.:.. — .. _,..._._ _._. � .......J -. PoRl // 2.4�Y•S. i Csr. " i t k 1 I s RUEY �T R E- SU RV E Y `ti Ilal� fI 72 .r, - l..a.. J(�� lfiIA" n RE- SURVEY 'KRAUSE & GANTZER CIVIL ENGINEERS & LAND SURVEYORS - ANORE:WS BUILDING COVRY'& PEARL SYS.. _ - SURFALO, N. Y.:' ,mss. Teo 00059 KENNETH H. PIERI 1.1.1 Porter Avenue #266 Buffalo, New York 14201 71.6 - 882 -7000 March 24, 2009 Councihnan Brian C. Davis City %. Room 1408 Buffalo, New York 14202 RE: Application #1.35120 with the Zoning Board of Appeals for Installation and Use of an Electronic LED Reader Board At 128 Lakeview a /k/a Ill. Porter Avenue, Buffalo, NY Dear Mr. Davis: Attached are two petitions that were signed by 21 people who do not have any objection to the installation and use of my electronic 1+13) reader heard sign at I I I Porter Avenue, Buffalo, NY. I understand that you will not be available to attend the meeting with the Zoning Board cif Appeals on Wednesday, March 25, 2009 at 2:00 p.m. in Room 901 at City I loll. I appreciate your support, and would appreciate it if you could please give a call to the Chairman of the Zoning board, lames A. 1_,ewis .I11, and give: him your opinion. Thanking you in advance. Yours trul , Kei neth I-1. Piera' Att. cc: Zoning Board of Appeals r RRV� FRN°0ANDMLE -R) .',r� I� t !X I Pbrsar Avs�rrte ,ate 266 o 4ffa(o, Now York MAW 730-882- 7000 716- 882-0"6 Fax PETI'T'ION m I.I,I:')LN(w 1 USE APPLICATION ##135120 -kNT: 1tENNETH PIEDI INST AND USE ill PORTER AVENUE (132 LAKEVIE —OFFICIAL ADDRESS) ;►: AN [ELECTRONIC "LED" READER BOARD WALL SIGN I IIi +. 'OWNER IT t��r THE PEACE BRIIaiCE Ak'A_t TtvIENI'S, " P Y U rjus YISOtII.Y HAVE BEFN SENT A NOTICE REGARDING THE ABOVE. I't WOSE OF THIS PETITION IS TO ADVISE THE "ZONING BOARD „i . kPPE ALS" THAT YOU HAVE NO OBJECTION TO THE PLACEMENT OF i l I . kBOVE MENTIONED ELECTRONIC "LED" READER BOARD WALL ( :N ON iMY BUILDING WHICH: FACES FRONT PARK AND THE PEACE NAME ADDRESS Vii; . z _ e :t,r, 'au alo, New York -142491 716.0'82 -7000 716-842-04W6 F" PETITION 1..)1.Ntr / USE APPLICATION #135120 ..I 'NAT KENNETH PIERI INSTALL AND USE 1I1 PORTER AVENUE (132 LAKEVIE —OFFICIAL ADDRESS) AN .ELECTRONIC "LED" READER BOARD WALL SIGN O �N R O T HE FEAiiu BI.IDGE APAR S, LP. VOLT +'its'!yl)l1I Y HAVE BEEN SENT A NOTICE REGARDING THE ABOVE. is P1_f"OSE OF THIS PETITION IS TO ADVISE THE "ZONING BOARD if - 1 1 1 EALS" THAT YOU HAVE NO OBJECTION TO THE PLACEMENT OF 4 i i i ' -WOV E MENTIONED ELECTRONIC "LED" READER BOARD WALL ON �'I Y BUILDING WHICH FACES FRONT PARK. AND THE PEACE r�- NAME ADDRESS 1 Ll � �y L 'Am k ' WOMA X "Mo g.. V f f � Ox/ ` jj. s FA r�j �t Institute of Iliyhor isltlrruc I ducatim) 3ijffMo, i f' 1 T/O i' '> /,� (�, 14 1" - 1506 ' U- A, rok (716) 89 March 19, 2009 ' InA b l , V N A1 Dear Council Member Franczyk, I am writing in regards to Sweet Avenue. As you know, we would like to change the name of Sweet Avenue to Madinah Avenue. We went out and got signatures from the residents on Sweet Avenue. There are 46 signatures on the petition. Please keep in mind that many homes on Sweet Avenue are abandoned and /or vacant. Thus, there are not many residents on Sweet Avenue and most of the residents of the occupied homes signed the petition. Please see the enclosed petition with the signatures. We respectfully request that you consider our petition and grant the request to changes the name of Swee Avenue to Madinah Avenue. Thank you in advance for your consideration and attention to this matter. Sincerely yours, Mohammad Memon Darin -Uloom AI- Madania / 1 �! Panted Name Signature Address Comment ©ate r t ^^ S r Petition to Change the Name of Sweet Avenue to Madinah Avenue Petition summary and We would like to change the name of this street to reflect the positive transformation that has occurred on Sweet Avenue. background We feel that the source of this positive change, Al Madania School, should be recognized by connecting the name of the street with the name of the school. As a result of the enormous benefits that Al Madania School has contributed to the east side of Buffalo, we believe that Madinah Avenue would be a catalyst in positivft insp iring other professionals to relocate to Buffalo. Action petitioned for ' I We, the undersigned, agree to change the name of Sweet Avenue to Madinah Avenue S �yi1,� ID2 /�(6' I Printed Name S :.. ...:Address mo ment 1A 1-4 t,3 L) it7,� Lo G `) r L'Z/ E �7 V<s C' f \NA� h3 115�- Petition to Change the Name of Sweet Avenue to Madinah Avenue .................. Pet[tton' surrirriary and, We would like to change the name of this street to reflect the positive transformation that has occurred on Sweet Avenue, background We feel that the source of this positive change, Al Madania School, should be recognized by connecting the name of the street with the name of the school. As a result of the enormous benefits that Al Madania School has contributed to the east side of Buffalo, we believe that Madinah Avenue would be a catalyst in positively inspiring other professionals to relocate to Buffalo. .Pction petitioned for `I We, the undersigned, agree to change the name of Sweet Avenue to Madinah Avenue Printed Name Signature Address comment ©a P � {' t ' Y' 1CC: ,�� C of E,� 22 J� F 3 ir l l�SFI SF�r t/ti1 Purl ' - fu f,G�- �W C" -T Vc - 1 ,� �T�EN A • � k� A N � � S w � � �� �- � _ ,� a �- i / Y V \�1G�Lr 1 fly Regular Committees 1 Y ) 1 4 CIVIL SERVICE (Bonnie E. Russell, Chairperson) 00061 Appt Street Worker (Perm)(1titer)(Dargavel)(PW) (ccpff 20,3117) That Communication 20 of March 17, 2009 be received and filed and that the Pen nanent Appointment of Scott Dargavel, 58 Marbeth Court, Buffalo, NY 14220 at the 3rs step of $31,322 is hereby approved. PASSED AYES - 9 NOES - 0 0 t . Recommended by the Committee on Civil Servic e .�N\ __6 f EN,XD r� *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS L'O RTO RIVERA * * * RUSSELL SMITH I------- -- --- -I [MAJ- S] [213 - 5} [314 - 7 * * o * 00C)G ? Appt Buildiiig Superintendent (Prov)(.Jnter)(McGoire)(PW) � (ccp# 21,3/17) That Communication 21 of March 17, 2009 be received and Filed and that the Provisional Appointment of Wil.liara McGuire, 215 Wallace Ave, Buffalo, NY 14216 at the intermediate salary of $51,028 is hereby approved. PASSED AYES - 5 NOES - 0 Recor by the Committee on Civil Service � la )--I ) *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LQQRTO RIVERA * * * RUSSELL * * * SMITH _ _ -. - -__ ........ .......... I--- ---- - -- ---I CMAJ- 5] [2/3 - & [3/4 - 7] * * p * 00063 f). Notices of Appointments Temp /Prov /Perm Ccp# 29,3/17 That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service J FINANCE r� (Michael R Kearns, Chairman) 00()G4 Foreclosure of Tax; User Fees: Seger and Water Charge Liens(A &F) CcpII 24, 3117 That the above item be the sarne and hereby is Received and Filed Recommended by the Committee on Finance 11 IYUC;' Capital Budget Ccp# 129, 3/17 That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance J� n n It l uu V J �` NYS lobs Program Information Ccp# 36, 313 That the above item be the same and hereby is Received and Tailed ADOPTED Recommended by the Committee on Finance nnnr�wa ; M. 1_.oC,urto- Complai €it City Reassessments 11/1998 to 1212008(434, 1 /20) Ccpg 45, 2/3 That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 1 010 S 1 Exarnining Feasilbility of Holding "Neighborhood Mini Auctions(EDPI) Cepil 6, 1/6 That the above item be the same and hereby is received and Filed ADOPTED Recommended by the Committee on Finance Examining Eeasilbility of Holding "N Mini auctions to Market City Owned in Rem Properties (Except I" res) Ccp# 88, 1214 That the above item be the same and hereby is Received and Filed Af)01'1'1, Recommended by the Committee on Finance O� V V v .i i ' M. Kearns -M. Morteson- Cease 110 Fuhrinann Blvd & 'Pitt Nature Preserve Ccp# 88, 1219 'That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance i 0 Waiving Fees for Demolition at 431 Busti Avenue 6J I (Item No. 54, C.C.P., Sept. 30, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Permit & Inspection Services be, and he hereby is authorized to waive fees for demolition at 431 Busti ,Avenue. Passed. Recommended by the Committee on Finance Chairman 'rAI3: mry tAwp601mswor&rmv154c9- 30c.doc Ef *AYE* NO * DAMS * FONTANA * * * FRANCZYK GOLOMSEK KEARNS LOCURTO RIVE RA RUSSELL -,_.. ....... ---------------- S -- [MAJ- S] * * 0 [213 a G] [314 - 7] 00072 Water Ratepayer Bill of Rights (Item No. 84, C.C.P., July 22, 2008) That the above item be, and the same hereby is returned to the Common. Council without recommendation. Mr. Kearns moved: I the a9ve- mentioned item be and the same is hereby received and filed. Adopted. 1 Recommended by the Committee on rinanc Chairman TAF3:nnv t: lcvp601rnswordlnnv184c7- 22c.doe /Z C C.- i Al P) ) C ,00 C " Mr. Kearns moved that the above item be recommitted to the Committee on Finance COMMUNITY DEVELOPMENT (Michael J. LoCurto, Chairman) P. Battaglia- Interest in Purchasing 1077 Seneca St & Scatchurd PI (Fill) (1/30, 3117) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development -� � t�� �" Oq0'° 1 Wd tr B. Davis - Design Report for Johnnie B Wiley (34,3/17) That the above item is hereby referred to the Committee on Parks Oversight. ADOPTED Recommended by the Committee on Community Development f `� `'�, °��_- _ e 19 000i'5 M. I , oCurt0- Statement of Norman Bakos, Schiller Park Senior Citizens (440,3/17) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development _ w i Negotiate Sale of 318 -396 Wilson Street Inclusive; (Item No. 75, C.C.P., Mar. 17, 2009) � That the offer from Mark Stevens, residing at 812 Fillmore Avenue for the purchases of 318, 320, 324, 330, 332, 336, 338, 340, 344, 348, 352, 356, 360, 364, 366, 368, 370, 376, 378, 382, 384, 386, 392 and 396 Wilson Street, be and they hereby are accepted; and That the Executive Director, Office of Strategic Planning and the Director of Real Estate be authorized to negotiate with Mr. Stevens and to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same. cfi 7 Recommended by the Committee on Community Development,. Chairman TAB:rmv tAwp60lmswordlrniv175e3 -17c. doe 1�, Q 0 e 7 7 B. Davis - Update Artifacts at the AD Price Development (1132,3/3) That the above item be the same and hereby is Received and tiled. ADOPTED 1-_ Recommended by the Committee on Community Development � �_,�`'` i1 000rS t Year 34 -CD Quarterly Reports 811108 to 10/31/08 (EDPI) (1119, 2/17) That the above item be the same and hereby is Received and Filed. ADOPTED 1 Recommended by the Committee on Communi Development -�_.......... i AA0'";4l V V v i iY M. L.oCurto -- 2009 --2010 Annual Action Plan Recommendation (931,2/17) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development ).d 1 6 1 000 0 � M. Kearns - Concerns Sinking; Homes on Weyand Ave (972,9/2) That the above item is hereby referred to the Committee on. Waterfront. ADOPTED Recommended by the Committee on Community Development �- �l 000S'I i Building A New Football Stadium in Downtown Buffalo (,> xc Fin Res)( 485, 11127)(ft110, 12111) That the above item be the same and hereby .is Received and Filed. ADOI'TEA) Recommended by the Committee on Community Development _.___... ;� l LEGISLATION � 1 r ] i (Joseph Golombek Jr., Chairman) 09082 L. Ghen Qiu, Petition. to Use 3268 Main — Permit Sale & Consumption of Beer & Wine "Ming Cafe" (Item No. 50, C.C.P., Mar, 17, 2009) That after the public hearing before the Committee on Legislation on March 24, 2009, the petition of Lam Qiu, owner, for permission to use 3268 Main Street to permit the sale and on -site consumption of beer and wine at a take -out restaurant, "Ming Cafe" be, and hereby is approved. Passed. Recommended by the Committee on Legislation TAB:r1nv t:\ wp60 \ins,vord\:nrLv\5Oc3- 17c. clot r� i. *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS L'O RT _ RIVERA * * * RUSSELL SMITH * * * [MAJ- s) * * a [213 - 61 [3/4 - 7] 00053 A Longo, Petition to use 200 Delaware for a Ground Sign (Item No. 51, C.C.P., Mar. 17, 2009) That the above item be, and the san - ie hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on March 24, 2009, the petition of M. Longo, owner, for permission to use 200 Delaware for a pole sign as more fully described in the permit be, and hereby is approved. Passed. 'q � Recommended by the Committee on Legislation CY, hairman 7 TAB : rmv tAwp60\n)sword\:rfnv\51 c3 - 17c.doc 1 T J i *AYE* NO DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOOIRTO RIVERA * * RUSSELL SMITH . ..... .... _._._.__ _.. * * * [MAJ- s] [ 2/3 - 6 ] [3/4 - 71 * * p * 00()(S4 .A Brother Michael Oberst, Use 807 Clinton Street for a human Services Facility f. (Item No. 52, C.C.P., Mar. 17, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golonibek moved That the petition o other Ma l Oberst, n Nor permi ° �on to us 807 Clint n St ° e for a alfw I I se purl • n t City Co Se ion 1 ..c be, ,/� hcre, x is Va ed. Passed. Recommended by the Committee on Legislation ChairrIi, TAB:rmv l:I wp601mswordl:risiv152c3- 17c.doc y Mr. Golombek moved that the above item be recommitted to the Committee on Legislation 000 Used Car Dealer -- 1365 Bailey Avenue '( (Item No. 23, C.C.P., Mar, 17, 2009)� That the above item be, and the sane hereby is returned to the Common Counci[ without recommendation. Mr. Golombek moved: That Pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Mark Lorenz d/b /a Loren's Auto Service & Sales located at 1365 Bailey. Passed. Recommended by the Committee on Legislation TABrtnv t ;\�vf)641roswordlrmv\23 c3 - 17c,doc r l *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS L RIVERA RUSSELL SMITH ------------- [MAJ- 5] 0 2/3 - 61 3/4 - 71 09 t ) ,� Jr Daniel Campieri --- Appeal Preservation board Decision — 888 Main � (Item No. 32, C.C.P., Mar. 17, 2009) That the decision of the Preservation Board on September 18, 2008 for 888 Main Street be, and hereby is overturned on appeal to the Common Council after the applicant appeared at the March 24, 2009 Legislation Committee Meeting and consented to the Committee's waiver of the public meeting. Passed. Recommended by the Committee on Legislation TA.Brmv t: 1wp60\mswordliittv132c3- 17c.doe J \ * AYE * NO * DAVIS * * _ * * * FONTANA * * * FRANCZYK GOLOMBEK * * * _ * * * KEARNS * * _ * * * LOCURTO RIVERA * * * RUSSELL * * * * * SMITH * * * * * * -1 * C> * * - ' F]���}- �l - ' - * - - * � * _ |2/3 - 61 * |q/4-7l () n0 - {, - j G. Warnock - Oppose Wine in Grocery Store (1139,3/17) That the above item he the sarne and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation l: i f .9 Q0 () CSS a� SEAR lead Agency Coordination Battaglia Transfer Station — 1 037 -1055 Seneca (Item No. 76, C.C.P., Mar. 17, 2009) That the Common Council formally objects to the New York State Department of Environmental Conservation, Region 9 Division of Permits' request to act as Lead Agency in the Battaglia Transfer Station. — 1.037 -1055 Seneca Street because the City, through the review of the Common Council and the Planning Board, will have the primary role in assessing the impact of the operations on the surrounding neighborhood and community, given the City's role in past concerns with the operation and the City's community assessment resources. Adopted Recommended by the Committee on Legislation Tnsrn„v t:%wp641mswordlrmv176c3- 17c.doc c k 00059 oppose Sate of Wine in Supermarkets, Grocery Stores, Department Stores and Delis (Item No. 77, C.C.Y., Mar. 17, 2009) r That the Common Council goes on record against any changes proposed by New York State to sell wine in supermarkets, grocery stores, neighborhood delis and department stores. Adopted Recommended by the Committee on Legislation. TArinnv t; Iwp60\nisword\rinv\77c3- 17c.doc (J 000f0 Home Rule Message — Senate Bill #S02021 and Assembly Bill #A05912 ---- "An Act to Amend the Tax Law, in Relation to Enacting the Fair Share Reform Act of 2009" s (Item No. 130, C.C.P., Mar. 17, 2009) That the Common Council goes on record in support of Senate Bill #502021 and Assembly Bill #A05912 — "An Act to Amend the Tax Law, in Relation to Enacting the Fair Share Reform Act of 2009 "; and. That the City Clerk be directed to forward certified copies of this Home Rule Message to Governor David Patterson, to Senate Majority Leader Malcolm Smith, to the Secretary of the State, to Assembly Speaker Sheldon Silver, to Assembly Majority Leader Ron Canestrari, to the Clerk of the Senate and Assembly, and to members of the Western New York Legislative Delegation. Adopted. Recommended by the Committee on Legislation TABrinv tA%vp601jnmvordlnnv11300 - 17c.doe 00051 T. Hawkins, Use 194 Maple Street fbr a Commercial Parking Lot , (Item No. 41, C.C.P., Mar. 3, 20€19) / d That the above item be, and the same hereby is, returned to the Common Council Without recommendation. Mr. Golombek moved: That the petition of T. Hawkins, owner, for permission to use 194 Maple Street for a commercial parking lot be, andhby4&,ipprd:- 0-�"A "� I 'k5 �C i1v - eck . Recommended by the Committee on Legislation 0- . -k Chairman TAB : rmv t Awp 601in s wo rdl: nn vl4 l 6 - 3 c . d oc 000 2 � 4 1 J. Golombek -G. Harish -Tax Exemption Status 1606 Kenmore (North)(Assesm) (117,3/3) That the above ifern be the sane and hereby is Received and Filed. ADOPTED he Committee on Legislation Reca�n�nended by t b 0003 J. Golombek -G. 3larish -Tax Exemption Status 3606 Kenmore (North)(EDPI) (823, 3l3) That the above itertn be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 0005 Restaurant Dancing Class III -- 110 Pearl (Item No. 24, C.C.P., Mar. 3, 2009) That the above item be, and the sarne hereby is returned to the Common Council without recommendation. Mr. Golotnbek moved: hat pursuant t haft • 150 of the C' y Co e, the Coy issi zer of 1-conomic e elop ent, PZ mi d lnspc ions Serv' es be, an he he y is aut rued to grant a staura t Dans III Lice 5e can Donaher a Big Orbit's Sot ab cated at 10 P et. Passe Reco mmended b the Committee on Le islation Y g C�. Chairman TAB:rjnv tAwp6Gumwordlrmv124c3 -3 c. doe Efy Mr. Golombek moved that the above item be recommitted to the Committee on Legislation r I.. 000 J. Golornbek -G. Har'ish -Tax Exemption Status 1506 Kenmore (427, 2117) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation - 0'00 t Rev. R Kerr, Agent, Use 1230 Genesee St To Add Use of a )! iSF(Mas)(No Pub I Irg) (1137, 1120) That the move item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation ,0 RESOLUTIONS Match 31, 2009 No. By: Mr. Fontana Council Member LoCurto Excused From Council Meeting RESOLVED: 'rhat Council Member Michael LoCurto, be and hereby is excused from attendance at the Common Council Meeting of'March 31, 2009, .......... . Richard A. Fontana ADOP'T'ED. r. By: Mr . Franczyk Re: Appointments to Environmental Management Commission Whereas: The Buffalo Environmental Management Commission is charged with advising the city on present and proposed methods and plans for the preservation, enhancement, protection and management of the environment and encouraging action to improve environmental quality among public and private agencies and organizations within the City of Buffalo; and Whereas: The commission consists of nine members; four appointed by the Mayor, four appointed by the CollnCil and one appointed by the Buffalo Niagara Partnership. Members are appointed for two year terms; and Whereas: "The four current Common Council appointments- Charles Greico, I sq, 679 Crescent Ave, 14216, Dr. Joseph Gardella, 178 Admiral Road, 14216, David Hahn- Baker, 440 Lincoln Pkwy, 14216 and John Ilackney, 50 Hewitt Ave, 14215, have expressed their willingness to be re- appointed to serve another two -year term; and Whereas: These Council appointees have served the city well and will continue to be assets to the commission; Now, Therefore, Be It Resolved: T hat this Common. Council hereby appoints Charles Greico, t�'.sd, Dr. Joseph Gardella, David Hahn -Baker and John Hackney, to the Buffalo Environmental Management Commission for a two year terry. A6 r­__q__ ,; David A Franczyk C OPTED SLl bmitted by : Franczyk � AA j 4 Resolution for a Shift of Operation into an E,nrpire Zone WHEREAS, Royal Bedding Company l.AX, located in Buffalo, NY, is a manufacturing licensee of the national Restonic brand of mattresses and box spring products and design, manufacture, and distribution of Restonic brand mattresses and box springs to retailers across the United States, and WHEREAS, space requirements as well as other business considerations prevented Royal Bedding Company operation from remaining at 19 Doat Street in Buffalo NY, beyond 2009, and WHEREAS, Royal Bedding Company LL.0 met with the State of North Carolina and the State of Pennsylvania and similar agencies from other states prior to receiving a proposal to remain in New York State, and WHEREAS, Contingent on NYS tax incentives necessary to balance the cost of operating a factory in New York versus North Carolina, Royal Bedding will purchase an existing 60,000 square foot facility at 201 James E. Casey Drive, Buffalo, NY 14206. Investment in acquisition of property and cost of construction, equip111ent, furniture and other related expenses will total $2.517 million, and WHEREAS, Royal Bedding Company LLC will retention 21 and the company will add l5 jobs over Ibur years. The average vvages ofthe manufacturing is $29,000 and $51.,000 for administrative positions, and W1IEREAS, Royal Bedding has hired .McGuire Development to rnarket the property For sale. Until the sale is a7MUnrmated, Royal Bedding will maintain the property and keep in compliance with city code and regulations. Royal Bedding will keep the property .tree of trash, debris and graffiti in order to maintain safety and prevent the building from becoming an eye sore to the community, and Wl IEREAS, the City of Buffalo Common Council has heard public comments that extraordinary circumstances existed to warrant the relocation cal' Royal Bedding operation into the Buffalo l:rnpire 'Lone, and NOW THEREFORE BE fl' RESOLVED, that the City of Buffalo consents to the relocation. of Royal Bedding Company .LLC, Inc. from the 19 Doat Street Buffalo NY 1421 1 to 201 James E. Casey Drive, Buffalo NY into the City of Buffalo Empire 1 1lniore District Council Member David A. l'ranczyk A DOP T ED 1, � I% IN Ash AIR W Mk M 11 AN tI Sle-ep Afflance LLC Musy 19,2009 Geraldiric Ford H j" RIT, coy FIT g Floor MILK IAN' 14202 War NO IANA: T his letter serves 10 anywor your cyws6on ragwAing Me louse ofow curran KHRy it f9 Dow Ow"I'ah) upon die 11100ation of our uianufacwrh, operaiGoij- %T ham lAmd NlcGtfhr� k. wa last the proporly R)r '.Vc dcsirt, a fair markcct prate Or fe pop y h) a .it eput aale purchaser w1u) Wile Maintain the operating., w the propedy t0 i an-5 W coil.w . Until sal,,, is oouson P 13 ( I L lipg will inaimin the rmperty in Mee to Wiract a buyer, I V. C; - airs 1.kVM(jpnjcnt has givcn Ow buddiup, wM aicr�-Jet t a l "Ityel ftr- 1 asc t:aff woll wl�, qlf�'.'36koos- CEO 110. Box 71, W"Mou TEXA 7001 -- 713'��-2-7'394 � (fox)71-i-2�2-1434 19 DOM S( 13ufHf-.tkq NEW YORK 11211 - 716-893-1414 .- (fax) 716-SM 3154 Umden Rd, Fayetfeville. NORT11 CAROLINA 28,166 -- 910-425-0131 -- (fiiq 910-425-160 Q0100 By: David Eranczyk Re: WEST VALLEY NUCLEAR WASTE SITE CLEANUP Whereas; Thirty miles south of Buffalo, NY, the West Valley nuclear waste site, located in Cattaraugus County, is burdened with vast amounts of toxic and radioactive wastes, many of which will remain radioactive for tens of thousands of years, some for millions of years, including plutonium, uranium, strontium -90 and iodine -129, and can cause leukemia and cancer at low doses; Whereas: The site is the nation's only venture into commercial reprocessing of irradiated nuclear fuel, was operated by Nuclear Fuel Services and ended in a total failure in 1976 with the company leaving and passing on cleanup responsibility to the government and taxpayers; Whereas: The site sits on top of a sole source aquifer and has been plagued with problems, such as radioactive contaminated groundwater, and radioactivity from the site has been found as far away as the shore at the juncture of the Niagara River and Lake Ontario demonstrating a potential for the leaking site to contaminate drinking water supplies for millions of people; Whereas: The Department of Energy and NYS Energy Research & Development Authority are proposing to leave buried waste onsite, (including high level radioactive waste tanks when such tanks are at the end of their useful lives and could leak contamination at any time), and delay final cleanup decisions for up to 30 years; Whereas: Economists and scientists recently released a first -ever study on the long- term cleanup costs, The Real Costs of Cleaning Up Nuclear Waste: A Full Cost Accounting of Cleanup Options for the West Valley Nuclear Waste Site, funded by a New York State grant sponsored by Senator Catharine Young (R- Olean), and the study was conducted by Synapse Energy Economics, experts from Tufts University, SUNY Fredonia and Radioactive Waste Management Associates, Whereas: The study investigated the costs of digging up radioactive waste versus leaving waste buried onsite for the next 1,000 years and found that a full waste excavation cleanup costs less, at $9.9 billion, and presents the least risk to the population than leaving buried waste onsite, which is expensive, at $13 billion, carries high risks, and could also cost an additional $27 billion or more if a catastrophic release of radioactive waste contaminated drinking water supplies; Whereas, scientists found that erosion is a powerful and fast moving force in the region, and leaving buried waste onsite poses a risk to people if controls fail and dangerous radioactive waste pollutes local, regional and international waterways into Lake Erie, the Niagara River and beyond; Whereas: Scientists found the site poses a significant danger to people who live along nearby creeks, Buffalo residents and people living along the shores of Lakes Erie lI and Ontario, and if just I% of radioactivity leaked from the site, Lake Erie water users would be exposed to substantial radiation, causing hundreds of cancer deaths, and Buffalo and Erie County water replacement would cost hundreds of millions of dollars; Whereas: Scientists and economists concluded that if wastes are left buried at West Valley and a release occurs, it can have expensive and disastrous consequences irreparably contaminating the precious Great Lakes region, and the costs of maintaining buried waste in an attempt to thwart future disaster will be far more expensive and far more risky than excavating the radioactive waste which is the safest, precautionary approach; Now Therefore, Be It Resolved: That the Buffalo Common Council, supports the full cleanup of the entire West Valley nuclear waste site (also known as the Western NY Nuclear Service Center & Demonstration Project) through waste excavation; and Now Therefore, Be It Further Resolved: That the Buffalo Common Council supports cleanup standards that are at least as protective as current state radiation standards and unrestricted use toxic standards, and are fully protective of vulnerable populations, including children, fish, wildlife and water. Be it Finally Resolved That: This resolution will be distributed to state and federal elected officials and the US Department of Energy and NYS Energy Research and Development Authority. David Franezyk ADOPTED 00101 RESOLUTION T Sponsors: Joseph Golornbek, Jr.; Michael J. LoCurto Re: HOME RULE .MESSAGE REQUESTING THE NEW YORIf STATE LEGISLA'T'URE TO PASS ASSEMBLY BILL A7331 AND SENATE BILL 53747 TO AMEND "I'I:E VEHICLE AND TRAFFIC LAW AND THE PUBLIC OFFICERS LAW IN RELATION TO OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH TRAFFIC CONTROL INDICATIONS; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON THE EXPIRATION THEREOF. WHEREAS, Bills A7331 & S3747 have been introduced in the New York State Assembly and Senate; and WHEREAS, If passed, Bills A7331 & S 3747, among other things, would amend the Vehicle & "Traffic Law, General Municipal Law and the Public Officers Law in relation to the civil liability of vehicle owners for traffic signal violations in the City of Buffalo by authorizing the City of Buffalo to implement a program imposing monetary liability on vehicle owners for failure of an operator thereof to comply with traffic- control indications, empower the City of Buffalo to install and operate traffic- control signal photo- monitoring devices at intersections, and direct that any monetary penalties received due to the installation and operation of such photo - monitoring devices shall be deposited to the credit of and received by the City of Buffalo, after the payment of any administrative costs; and WHEREAS, L:ach year in New York State, hundreds of people are killed and tens of thousands are injured by motor vehicle accidents at intersections which are controlled by traffic lights. Drivers, passengers and pedestrians are victims of the increasing practice of motorists running red lights; and WHEREAS, In New York City, a demonstration in which traffic signals were equipped with cameras triggered by a road bed sensor when violations occur lead to a decrease in the incidence of running red lights; and WHEREAS, Bills A7331 & S3747 would enable the City of Buffalo to implement the same technology demonstrated in New York City and would ultimately prevent further needless deaths; and WHEREAS, If the New York State Legislature is to consider this Bill, a Home Rule Message must be adopted by the City of Buffalo and the appropriate Horne Rule Request forms completed by the City of Buffalo and :forwarded to the appropriate New York State Legislature Ilorne Rule Counsel; and NOW THEREFORE BE IT RESOLVED: That the City of Buffalo Common Council hereby requests the New York State Legislature to approve Bills A7331 & S3747 so as to amend the Vehicle & Traffic Law, General Municipal Law and the Public Officers Law in relation to the civil liability of vehicle owners for traffic signal violations in the City of Buffalo.'! ' ) On BE IT IS . FURTHER RESOLVED: That the City Clerk is hereby directod to forward five (5) copies of this resolution and five (5) comzpleted copies of the I olmw Rule T?cquest to the Near Yorl ;tat r e;�isluttz� as follows: four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request, to the Senate & Assembly Home Rulee Counsel, at Senate Post Office, 2€ 8 Legislative Office Building, Albany, NY 12247; and one (1) copy of this Resolution and one (1) completed copy of the ..Tome Rulc Request to the Office of Now York State Senator Antoine M. Thompson, 'Walter J. Mahoney State Office Building, 65 Court Street, Room 21), Buffalo, NY 14202. Jos -epli G olanabek, Jr. Mich, l� a v] J. LoCur to North District Council Member Delaware District Council Member ADOPTED A��lpl C P *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOQRTO RIVERA RUSSELL SMITH * * * [ MAJ - 51 0 [ 2/3 - 61 [3/4 - 7] 0002 l ..I.$01, I ON Sponsor Michael Igo Kearns Ike: APPROPRIATINC NEW YORK POWER AUTHORITY SURPLUS FUNDS TO ENCOURAGE ECONOMIC I }E VELOi?b ENT IN THE CITY OF BUFFALO WH;( +,R11',AS, Information was recently released by the federal government stating that New York leas the second highest utility costs in the continental United States; and WHEREAS, Upstate businesses, Manufacturers in particular, have indicated that these high rates put there at a competitive disadvantage when compared to companies located in other areas; and WHEREAS, Buffalo residents and businesses are financially stressed by rising utility costs and this is a contributing factor in the decision of many people and businesses to relocate from the Buffalo area; and. WHEREAS, The Niagara Power Project is located within thirty miles of the City of Buffalo and produces large quantities of inexpensive: hydropower. The New York Power Authority ("NYPA"), which oversees the operation o €'the Niagara Power Project, recently considered raising electric rates by 8% or nidlions of upstate consumers related to a $500 million transfer of funds from NYPA's fund balance to the New York. State's general fund to help balance the state budget; and WHEREAS, NYPA's fund balance surplus resulted in part froth rates charged to businesses and other customers utilizing hydro power primarily generated at the Niagara Power Project; and WHEREAS, While the effect of NYPA's proposed increase felt by each individual costumer would have been relatively small, valued at less than $1 per month for residential customers, any increase would likely have a negative financial impact on Upstate businesses and nearly 2.5 million residents; and WHEREAS, Although, Governor David A. Paterson publicly opposed the rate increase and NYPA has announced that they will not proceed with their planned rate increase for upstate electricity consumers this year, the Commissioner of NYPA. has not ruled out the possibility of future rate increase and Legislation is being introduced in the New York State: Legislature that would increase the amount which the state taxes utility companies, a cost likely to be passed along to businesses and other customers; and WHEREAS, The reinvestment of surplus NYPA funds into the communities where power is being generated, in the forth of business subsidies or reduced power rates for businesses seeking to relocate to the area, would make areas such as Buffalo and Western New York more attractive to businesses and residents that might otherwise leave the area or chose not to locate in power generating corn tnunities. NOW THI{,Ilwli OICI. BE IT RES0 ,VED, `what the City of Buffalo Common Council does hereby oppose Governor Paterson's authorization to transfer monies from the New York Power Authority's fund balance to the state's general fund. �(� r W BE IT FURTHER [�.ESOI -VI± I), That the City of Buffalo Con1i11or1 COLIFIGi1 calls Up013 Our elected representatives in New York State's goverannnent to re ect Governor Peterson's transfers .legislatively, inuluding ovortUrning actio previously taken by the Legislature: approving the transfer of these finds. IIE IT I+UR I.I.ER RESOLVED, That the City of Buffalo Common Council calls upon our elected representatives in New York State's government to reallocate the nearly $500 million transferred to the general fund to be used for efforts to subsidize or lower power costs for businesses operating within 30 miles proximity of the Niagara Power Project. BE IT FUR'T'HER RESOLVED, That the City Clerk of Buffalo shall lorward certified copies of this Resolution to Governor David Paterson, New York Power Authority Commissioner Richard M. Kessel, and Buffalo's representatives in the New York State Legislature. i J\ Michael P. Kearns South District Council Member ADOP P y. Mr. Kearns 00 01 Transfer of Funds Common Council 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 $10,000 be and the same is hereby transferred within the Common Council and said sum is hereby reappropriated as set forth below: From: Councilmember 2 10103001 411001 Annual. Salary $16,000 To: Common Council Legislative 10102001 — 412002 Hourly Salary $6,000 City Clerk 10220006 -- 434000 Either Contactual Services $10 1 000 -:.- ; E' i U .. *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS * '� L IIRTO * '� RIVERA [ 2/3 - 6 RUSSELL SMITH * '� [ 2/3 - 6 [3/4 - 7] 00104 By: Mr. Kearns Increased Appropriation AIM & Spin Up Permits & Inspections That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller s ubmitted to the Common Council, the appropriation in Permits & Inspections for the current fiscal year, be and the same hereby is increased in the sum of $2,500,000. The increased appropriation will be met from AIM money and NYS Spin Up. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for accounts. From: 10700010 — 335009 NYS Aid Incentive to Municipalities (AIM) 10700010 - 335006 State Aid BFSA To: To meet the increased appropriation as set forth below: Permits & Inspections 16550007 471010 Capital. Outlay - Land Improvements $ 2,000,000 500,00 $ 2,500,000 DAVIS * * _ * * * * FONTANA * * * * * * FRANCZYK * * _ * * * * GOLOMBEK * * _ * * * * KEARNS * _ * * * * RIVERA * * * * * * RUSSELL * * * * * * * �-___ ----' * * ^ ^ * - - - [Y�/�J- �) * �f * � * ` ' _ /'` _ _ i2/3 ' 6] * * * 0 0 i 0 )t By: Mr. Kearns Transfer of Funds Economic Development, Permits and Inspections Services Capital Projects That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $2,500,000 be and the same is hereby transferred front the Capital outlay account in Permits and Inspections and said sutra is hereby reappropriated as set foilb below: From: Permits and Inspections Capital Outlay 16550007 47101.0 Land Improvements To: 17523008 - 489130 Transfer out to Capital Project From: 17523008 - 489130 Transfer out to Capital Project to Capital Projects 39400206 —445100 Reconstruction of Centennial Pool $2,500,000 $2,500,000 $2,500,000 �I ( i *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS RIVERA RUSSELL SMI TH * * * ( ------------- ] [MAJ- S] [213 - 6] [314 - 7] 0 00:0 Resolution Sponsor: Michael J. LoCurto ICE: Permission to ]Hang "Elephant Run" Banner% Whereas: The annual Elephant Run, benefiting the Marcena Lozano Memorial Scholarship Fund, is being held May 10`', 2009; and Whereas: Representatives from the Marcena Lozano Memorial Scholarship Fund have requested permission to hang the banner across Elmwood Avenue in front of 807 Elmwood Avenue to 806 Elmwood Avenue from Friday, April 1. 0, 2009 through Saturday May 1], 2009 in celebration of this event; and Whereas: The Marcena Lozano Memorial Scholarship Fund representatives are familiar with the banner requirements and will purchase the necessary bond before the banner is installed; Now Therefore Be It Resolved- That the Common Council does hereby grant permission to the Marcena Lozano Memorial Scholarship Fund to hang a banner celebrating their Annual Elephant Run between 807 Elmwood Avenue and 806 Elmwood Avenue from Friday, April 10, 2009 through Saturday May 11, 2009, providing the banner meets the requirements of all pertinent City Departments and ensures that no existing laws or ordinances are violated. 1 Michael J. oCurto ,D C E � 0f6 1 ") RESOLUTION By: Mr. Smith Subject: [SET PUBLIC HEARING ENDORSEMENT OF THE CITY OF BUFFALO's APPLICATION FOR THE RESTORE NY COMMUNITIES INITIATIVE PROGRAM WHEREAS, The City of Buffalo Department of Economic Development, Permit & Inspection Services and the Office of Strategic Planning seek Buffalo Common Council endorsement of its application for the Restore NY Communities Initiative program WHEREAS, the City of Buffalo seeks funding in the amount of $20 million for strategically targeted demolitions and rehabilitation projects in the City of Buffalo; WHEREAS, the terms of the Restore NY Communities Initiative Program requires the solicitation of public input to apply for said funding. NOW, THEREFORE, BE IT RESOLVED: 2 That the City Clerk is hereby directed to publish the notice attached hereto and marked "Public Hearing" in the Buffalo News, no later than the 9th day of April 2009. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:OOpm in the Council Chambers on the 14 day of April 2009. ADOP TED Ala e 6i !1 aJ u . RESOLUTION By: Mr. Smith RE: Restore NY Communities Initiative -- Municipal Grant Program WHEREAS, As part of the 2006 -2007 enacted New York State Budget, Empire State Development Corporation received a $300 million appropriation to implement Restore NY Communities Initiative; WHEREAS, The Restore NY Communities Initiative is a municipal grant program created for the sole purpose of revitalizing urban areas and stabilizing neighborhoods as a means to attract residents and businesses; WHEREAS, The Restore NY Communities Initiative will fund municipally sponsored projects for the demolition, deconstruction, rehabilitation or reconstruction of vacant or obsolete structures; WHEREAS, The Restore NY Communities Initiative will enable Buffalo to aggressively target demolition worthy structures for neighborhood revitalization efforts and economic development, consistent with the City of Buffalo Comprehensive Plan; WHEREAS, The Restore NY Communities Initiative will enable Buffalo to fund the rehabilitation of certain existing structures for economic development purposes and to preserve community resources, consistent with the City of Buffalo Comprehensive Plan; WHEREAS, The Office of Strategic Planning will use this opportunity to continue its community outreach activities with regard to neighborhood and commercial revitalization efforts; WHEREAS, The City of Buffalo will prepare and submit an application for the Restore NY Communities Initiative seeking funding in the amount of $20 million for the demolition of derelict structures in targeted, economically distressed areas of Buffalo and for the rehabilitation of strategically chosen structures to enhance economic development efforts within the City of Buffalo; WHEREAS, The projects included in the Restore NY Communities Initiative application facilitates the effective and efficient use of existing and future public resources to promote economic development and preserve community resources; WHEREAS, The City of Buffalo Common Council endorses the application for funding through the Restore NY Communities Initiative; NOW, THEREFORE, BE IT RESOLVED: That the Mayor is hereby authorized to exec accept and administer said grant funding- REFERRED TO T HE COMMITTEE ON FINANCE. 4 4 E�;� 1� I - - `.o apply, r ''jJ a0 a9 BY: DEMONS A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Kathleen Galla Robert Catalino li Edward Bennett Joann Fuhrmann Melvin Domagalski Dennis Ryan TOTAL 6 00 y0 BY: DEMONS A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the terra ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Jeremy C. Rosen Donald E. Przybyl John Calvin Davis Dorothy Furtney Michele R. Novack James C_ Gambino Paul Henderson Kevin J. Hosey Lynn M. Marinelli Andrew A. Kudil Robert M. Graber Total: 11 1 � qq /) x 0 0 i k ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are,scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev Committee on Legislation Special Committees Tuesday, April 7, 2009 at 9:45 o'clock A.M. Tuesday, April 7, 2009 at 10 :00 o'clock A.M. Tuesday, April 7, 2009 at 1:00 o'clock P.M. Tuesday, April 7, 2009 at 2:00 o'clock P.M. Committee on Taxicab & Livery Thursday, April 2, 2009 at 11:00 o'clock A.M. Public Disclaimer): All meetings are subject to change and cancellation by the respe Chairmen of Council Committees. In the event that there is suffic 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 respective Chairmen we can onl make notification of what we are made aware. 00 2 No. Adjourflment � L_ On a motion by Mr. Fontana, Seconded by Mr. -K the Council adjourned at 2 5 J b GERALD CHWALINSKI CI'T'Y CLERK March 31, 2009