The URL can be used to link to this page

Home My WebLink About09-0303-0219ppCORPORATION PROCEEDINGS COMMON COIJNCIL CITY HALL - BUFFALO TUESDAY, March 3, 2009 AT 2.00 P.M. Present -- David A. Franczyk, President of the Council, and Councilmembers: Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell & Smith - 9 Absent - None On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on February 17, 2009 were approved. DAVIS FONTANA FRANCZYK GOLOMBEK KFARNS I_,OCURTO RIVERA RUSSELL SMITH `H [------- - - - - -- [MAJ- 5] 1 - 61 [3/4- 71 AYE* NO F M 9 * 0 March 3, 2009 1, FROM "I HE MAYOR. March 3, 2009 #4 (Rev 7 -07) 00 � Certificate of Appointment III compliance with provisions of Section 24 -2 or the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointrnent(s) or pronxoliml('). 1 fmllher certify that the persons) named in Schedule "A" have been ecrtifed or approved by the IIutnan Resources /Civic Service for the Appointment Effective: FEBRUARY 18, 2009 in tho Department of EXECUTIVE Divisi of MAYOR to the Position of EXECUTIVE ASSISTANT TO THE MAYOR Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 42,297. LAST JOB TITLE EXECUTIVE ASSISTANT NAME BERNADETTE S. TAYLOR LAST DEPARTMENT OSP /BERC DATE ADDRESS 143 WALNUT LAST SALARY CITY & ZIP BUFFALO, NY 14204 LAST 4 DIGITS OF SSN. XXX -XX -2019 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - X X- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10301001 TITLE CODE NO 5500 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2008 -101 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: BYRON W. BROWN TITLE OF APPOINTING, AUTHORITY: MAYOR FEBRUARY 17, 2009 SIGNATURE OF APPOINTING AUTHORITY: _�) ORIGINAL } 2 COPIES TO: CITY CLERIC (ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE ##5- BUDGET 46- DEPARTMENT #7- DIVISION ##8- EMPLOYERS) FROM THE MAYOR - EXECUTIVE DEPARTMENT' Match 3, 2009 FROM THE CITY PLANNING BOARD March 3, 2009 00002 # 2 (Rev. 1/93) Multiple PAGE COMMUNICATION TO THE COMMON COUNCIL TO THE COIL= COUNCIL: DATE: February 25 2009 FROM : DEPARTMENT: CITY PLANNING BOARD DIVISION: SUBJECT: [ : Elmwood Village (EV) Design Guidelines [ : Ordinance Amendment L: I: PRIOR COUNCIL REFERENCE: (IF ANY) [: Item No. 60, C.C.P. 1/20/2008 Ex. (Item No. , C.C.P. ) 11 'T'EX'T': (TYPE SINGLE SPACE BELOW) The City Planning Board at its regular meeting held Tuesday, February 24, 2009, considered the matter captioned above pursuant to Section 511 -126 of the Buffalo Code, Amendments; Construal. The Planning Board has been reviewing the proposed Elmwood Village Design Guidelines for quite some time, and continues to have concerns with some specific language, regarding notification, mandates, suggestions and recommendations on various aspects of the guideline language. The proposed design guidelines now overlap other areas of the City Charter with conflicting procedures with regard to demolition activities, which is not a design guideline or a use of property under zoning. The following are additional areas of concern: Language as a problem - some items are "encouraged ", some "should be ", some "wall be ", some "shall be" - thus some items are suggestions and others are written as required by City code. The Planning Board recommends this to be reviewed carefully for whether these are guidelines for generally accepted standards with room for exceptions (changing architectural standards and materials, changes in the type of commercial activity on the street, etc.) Section 511 -155 Legislative Intent The guidelines note that they are intended to support creativity and eclecticism. The Planning Board believes some of the sections requiring, rather than suggesting, specific design criteria is actually forcing a "cookie cutter" approach to the street but prohibiting certain types of materials — They are outlined latter in this communication. Section D - Community Notification -- Does the City's definition (over $100K, over 50,000 sf) apply here or does this section apply to every project, no matter how small? 1) A requirement for the city to notify an unspecified community organization of an application for a building /demo permit or rezoning request is open ended and in conflict with provisions of Section 511 -126. If Council is comfortable with requiring notification, the code must specify who it goes to. The only formal group serving the area is the Elmwood Village Association (EVA). Notification to their office should be sufficient - it should be the responsibility of EVA to "spread the word ". As written, the city could be required to notify every block club and "self anointed" group - what is the result if someone challenges that they should have been notified? How often do we want to slow down a development project because a resident not directly affected by the project but with a strong opinion has a basis for challenging the process? 2) Transmitting agendas seven (7) business days in advance of a meeting - agendas are often changed with items being deleted or with late ads - what is the penalty if agendas do not arrive by the stated time? Will this become another holdup of process? Again, mail or email to EVA at the same time board members are notified. The agendas are alreadv hosted on the Citv's website. The seven (7) day requirement is a potential problem. 2 - PAGE #2 (Rev. 1/93) PAGE # 2 /? TEXT CONTINUAT M - S I NGL E I ✓ r +.+ :w +: 1 3) The posting of a sign notifying people of a permit request is done at the applicant's expense. Many cities do this and it certainly would help to eliminate the delays that come from individuals who insist they were not aware of a particular project. It appears to carry no penalty if not done - is that correct? Could this become another delay tactic or legal challenge to projects? Section E - Demolition Who reviews and approves the demo plan —EVA? Planning? The City? And there is nothing here that relates to size or use - as written, every garage, shed, or 1960's add -on.to an older building is subject to review. Rather than save buildings, this section has the potential of have derelict buildings left standing rather than removing them. This one really needs to be thought out. Section li - Building to site relationship 2) Parking - Restricting parking to the rear of buildings forces this activity to adjacent residential properties -- a less than ideal way to stabilize neighborhoods. While it is generally would agree that parking should be under, in, or to the rear of buildings, lot sizes on Elmwood make this impractical and forces commercial parking onto residential streets. Side lot parking is not always a negative if properly done. 3) Trees -- "New site uses shall accommodate existing mature trees, where feasible, and all sites shall incorporate appropriate landscaping." The EV guidelines require that buildings be built to the lot line - you can't have it both ways when you have small lots and are forcing parking to rear! 5) Dumpsters - need to add a clause that dumpsters cannot be placed at the sidewalk G. Specific standards and considerations 1 a - Scale --This section needs to be revisited. What is defined as "within the area "? The four (4) story buildings between North and Sumrxzer, the two story buildings between Auburn and Lafayette? While this section doesn't actually prohibit one story buildings or buildings higher than five (5) stories, it misses the mark on defining the scale issue on a block by block basis, though the intent is sound. 2b - floor to floor height -- by definition, the remaining residential properties don't meet these criteria - what happens when an existing residential property comes down for a new residential unit -- suddenly first floors need to be 15 -18 feet? This is more a developer question - is flexibility in this area. 2. General Design e. Exterior Materials -- this section is very short sighted and heeds to be revised -- "synthetic materials that mimic natural materials" is far too broad. As written, hardiboard, and the new composite stone and brick systems, would be prohibited. Excluding vinyl, dryvit and typical concrete block is appropriate, but this section needs to allow newer, more durable materials as they come into the market. Like the city code, it would be better to be very specific about -what is not acceptable and be silent on the rest. h. Mechanical equipment -- this is another section not sensitive to the residential issues -- placing HVAC at the rear of buildings puts in it the neighborhood. The desire is to not have the equipment visible from the street, without putting it next to someone's bedroom window. 5. Signage and Awnings b. Wall signs -- the code needs to note that placement of perpendicular signs requires approval from the city to encroach the right of way - these are not "as of right" within the code. (2) 2 - PAGE #3 (Rev. 1/93) PACE # 3 r TEXT CONTINUATION: (TYPE SINGLE SPACE BELOW) f. Awnin - not allowing any signage on awnings seems excessive. A tastefully done awning or canopy with a business name should be acceptable -- in fact, they should be encouraged if it is going to reduce or eliminate others forms of signage on a building. This section should allow a name on an awning if no other signage is going to be placed on the building. The Planning Board has no problem with the prohibition of awnings that are lit internally. It is a bit unclear what the interface is between EVA and Planning/Preservation/7oning. As drafted, are we to assume that EVA are "advisory" and have no authority over final decisions, merely input? However, someone needs to map out what an applicant has to do and in what sequence to get a project approved in the district. Ideally, if this were passed, EVA would simply be notified and invited to submit comments like any concerned citizen during the public hearing process. Of more concern are those projects which should be "as of right" as long as they are concurrent with code - these could get complicated if EVA feels they must review and sign -off on every project in the district, no matter how Iarge or small. `I'hc Planning Board additionally believes that under SEQR, this amendment is a Type I action requiring coordinated review which should result with the issuance of Positive Declaration thus requiring that an Environmental Impact Statement be prepared. T(" VHE COMMITTEE LEGISLM . cc: Asst. Corporation Counsel Tam Sall (11" Fl.) Planning Board Files TYPE DEPARTMENT HEAD NAME: James A. Morrell. Councilmember Golombek (Rm. 1502) TYPE TITLE: Chairman SIGNATURE OF DEPARTMENT HEAD: (3) 00003 V�. W NOTICE OF DETERMINATION OF NN- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buf4o Planning Board Room 901, City Nall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title New Dental Office Location: 474 Herte Avenue Type of Action: Unlisted - Uncoordinated Descriptiow David J. Wylier, Wylier & Associates representing Dr. Todd R. Levine is proposing the construction of a Dental office with Parking on the property located at 474 Hertel Avenue, Buffalo New York. The proposed project includes the construction of a 3516 Sq. Ft. office building that will have a hipped roof and brick veneer. The property is close to 113 of an acre of which is 43% is green space. The properties landscaped areas will be professionally maintained. The existing pylon sign will remain as per a lease agreement that will expire in approximately five years. Efforts to remove the sign have not been successful. Councilman Golombek has been made aware of this project and is in support. A neighborhood meeting has also take place and their comments were taken into consideration regarding this project. The project is privately funded at a cost of 250,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not gave a significant adverse impact on the quality of the environment, No further environmental review of this action will be conducted prior to project implementation and a Drat Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the new building, parking and landscaping will greatly enhance a corner that has been minimally maintained for many years as well as provide dental services for the surrounding neighborhood The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — (716) 851 -5085, Dated February 24.. 2009 CC: City Clerk City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public kfVorks, Parks & Streets David J Wylier, Wylier & Associates OP � F IL ED r�} 000,04 E i z"GATIVE DECLARATION j� NOTICE OF DE T' OF NON SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York Mate Environmental Quality Review Act (SEAR), Article 8 of the New York Sta`:e Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niaga a Square Buffalo Naw York 14202 As per the provisions of SEC!: R, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Piscitel i Residence Location: 186 Middlesex Type of Action: Unlisted. - Uncoordinated Description: Angelo Natale on behalf of the Piscitelli Family is proposing to construct a new home on the property located at 186 Middlesex, Buffalo New York. The home will be approximately 5200 sq. ft. The exterior facade will be a cultured stone application with dryvit appointments as well as architectural features. It will include a four car garage with trim paneled doors, four bedrooms and four half baths, two fireplaces and an open first floor layout. A second floor porch will be added to the Master Bedroom. The entire site will be landscaped appropriately. The project is privately funded. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The new home will compliment the many upscale homes in the surrounding community. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 -- (716) 851 -5085. Dated: February 24, 2005 CC: City Clerk City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works, Parks & Streets Angelo Natale RECE-11VED AND HL a\ 00000 SEORA Notice of Cletarmination a ) _> / i't's -tAv EI' , Non Significance j. Negative Declaration [ This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Engine 36 Rehabilitation (Single Family Residence with Home Occupation) Location: 1655 Elmwood Avenue Type of Action: Unlisted- Uncoordinated Description: Louis and Marie Haremski are proposing the rehabilitation of a former Firehouse with a garage addition and landscaping on the property located at 1655 Elmwood Avenue Buffalo New York. The rehabilitation of the building will result in no significant exterior alterations. The two primary facades of the structure, the Elmwood Avenue (west) and the Great Arrow (north), as well as the South elevation, will remain unchanged. The brick will be cleaned, all the original windows preserved and wood storm windows added. The wood trim will be painted to match the original color, which was found after researching the paint layers, At the rear elevation (east) a two car garagemill be added in a style compatible with the existing structure. New landscaping will be added to the Site as per the submitted landscaping plan. On the inside of the building, most of the original historic fabric will be retained. The original entrance hall will be converted to product display space, while the apparatus room will house the woodworking equipment. The original kitchen will become a shop for hand tool work and finishing, and the existing bathroom will be renovated. The project is privately funded with the estimated cost being approximately $281,139. The total project is expected to be complete by early 2010. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared, Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will convert a currently empty fire station into a use that will add to the character and growth of the surrounding Grant/Amherst neighborhood. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 716 851 -5085 Dated Fo6ruaiy 1010,,2009 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Zoning Board of Appeals Louis and Marie Haremski RECEIVE-D AND FILED /J l� FROM I`IIE OFFICE OF STRATEGIC PLANNING 000©6 1 (Rev. 1/93) JNG1_E PAGE COMM UNICA110N TO THE COMMON COUNCIL TO- THE f-IE ('OMMON COUNCIL: DATE:: F=ebruary 17, X009 I- ROM : DEPARTMEN Office of Strategic Planning DIVISION: SUBJECT: SEQR Lead Agency Designation, Waterfront Place Development PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: TYPE SINGLE SPACE BELOW The 1094 Group, LLC proposes that the Buffalo Urban Renewal Agency amend the original project description to the Waterfront Place Land Disposition Agreement. The amendment to the LDA would now allow for the construction of 12 single- family townhouse units and an additional 13 story condominium tower with 49 residential units. The project will be undertaken in Lots 5, 8 -15, 17 and 19 of Waterfront Village Parcels 15 & 16 in the City's Waterfront Urban Renewal Area. Prior to the implementation of the above - referenced project, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEQR, is an "Unlisted Action" for which the completion of a coordinated environmental assessment is required. In accordance with Section 617.6 of the regulations, an agency responsible for determining the effect of this action on the environment must be designated from the involved agencies. The Buffalo Urban Renewal Agency proposes to act as the SEQR Lead Agency for this project, and respectfully requests the consent of the Common Council to this proposal. The project environmental assessment form is set forth below. RECEIVED AND FILED DEPARTMENT HEAD NAME: ANDREW ESZAK TITLE: DEPUTY EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING J SIGNATURE OF DEPARTMENT HEAD: ,f "M fINFORMA-PON P 4F' (� bye P;Ae '� SP"5cr NOTICE: this ciacurnent is ciesignecI to assist in deter "mining whether the ac firm proposed tray have a siynific- affect on the canrpi4te tt�e entire form, Parts A through E. Answers to these questions will be considered as part of the environment. Please application for approval and may be subject to further veritication and public revie .Provide any additiona! information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research of investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. The lownhormes at Waterfront Place and i'lie Pasquale lI Name of Action Location of Action (include Street Address, Municipality and County) Lots 5, 8 -15, 17 and 19 of Parcels 15 and 16 of Waterfront Village, Buffalo, New York 14203 Name of Applicant /Sponsor 1094 Group, LLC: Address 295 Mai Street, Suite 210 City/ PO Buffalo Business Telephone (7 854 - 0060 Name of Owner (if different) Address City I PO Business Telephone State New York Zip Code 14203 State _ . _ Zip Code Description of Action _ _ . .. ly 49 condoaniruurn units. The fawn louses Residential development consisting of 12 single - family townhouse. units and approximate units will he developed along Ojibwa Circle. The condominium units will he developed in a 13 -story condominium tower on Lakefront 13aulcvard between two existing condomirriunr towers - Admirals Walk and `Tlre Pasquale (Phase 1). Each townhouse unit will have two off-street parking spaces in are attached 2 -car garage. The condorniniuri't tower will have two levels of indoor harking (approximately 98 spaces) and a visitor parking lot (approximately 15 sp',Iccs). Page 2 of 21 i T sitT nl� P IC as, ea physical setting of overall project, both developed anti undeveloped areas. L � �� Rural (non iarr��) 1 . pri:sent I_m Use: L � Urban f J Industrial El Comi-nercial Residential (suburban) _ Forest ❑ Agriculture D Other 2. l acreage of project area:._ acres. PRESENTLY AFTER COMPI_F'HON APPROXIMATE ACREAGE O acres — 0 acres Meadow or Brushland (Non - agricultural) 0 acres 0 acres Forested 0 acres 0 acres Agricultural (Includes orchards, cropland, pasture, etc.) Articles 24,25 of ECL) U acres � acres Wetland (Freshwater or tidal as per 0 acres 0 acres Water Surface Area v 0 acres 0 -acres Unvegetated (12oc1(, earth or fill) f? acres ___1.C3 acres Roads, buildings and other paved surfaces — 2.75 acres _ 1.12 acres Other {Indicate type) 1,a_ lVla€ dsca,ed areas 3. What is predominant soil type(s) on project site? Sand, silt and clay a. soil drainage: [: / ] W ell _-1 Well drained M 4 /p of site � Moderately well drained —_.% of site. E] Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS land classification System? acres (see 1 NYCRR 370), 4. Are there bedrock outcroppings on project site? Yes No a. What is depth to bedrock 25 (in feat) S. Approximate percentage of proposed project site with slopes: Rl- O 1 D %, 100 % 010- 15 %0 % El 15`% or greater Yo 6 is project sul�stantiaiiyconCiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places Yes L No ( ( L.� Yes l!��No 7. Is project substantially contiguous to a site listed on the Register of National ]Natural Landmarks'? g. What is the depth of the water table? %5 (in feet) g. is site located over a primary, principal, or sale source aquifer. ? F Yes Fd No 10 Do huntinq, fishing or shell fishing opportcanities presently exist in the project area? ❑ Yos E_] No Page; 3 of 21 l . Does pro err .sic:'- con :.;irr any 5;�ci.ics ei CIE nt. or anirnal l ii;ai: is idF ni.ii ieci as t.hreati ned car L; €xl anyerc,d "� Y's N I I l According to: Identify each species_ — _--� _ 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological fort UYes L J No Describe: ___._...._._. e or recreation area? 1 3. Is the project site prese�ntly used by the community or neighborhood as an open spac Yes { `'] No if ves, explain: 1 }. Dons the present site include scenic views known to be important to the communrtY. 1 5. Streams within or contiguous to project area: a. Name of Stream and name of River to W hich it is tributary takes, ponds, wetland areas within or b. Size (in acres): to project area: Page 4 of 21 []Yes No 1� rat No r. €Ulic. ulrlii!es? Yr >s _. 17. 9s L hm ttu civet, by �� ti��r� €A(1 l - - <t. Ir y ,does St €tlicient (;,pacify exist i:t� alla�+v cortnFr;isi�rt: Yes JNo Yes No b. If Y�i, wsll impraveirtc:nts lx net ;es:sr�r y to alloy the site located in an agricultural district certified pursual}t to Agrict.itt3rr; and Ularkc>ts Lave, Article 25-AA, Section 3S) ; and 3W V L -1 Na 19. Is the site located in or substantial) �co,-otiguous to a Critical Environmental Area designated pursuant to Article r3 of the ECL, and 6 NYCRR 617? DYes ❑ 20. Has the site ever been used for the disposal of solid or hazardous wastes? Yes No B project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate), a. - total contiguous ar_re iled by project sponsor: 2.75 age owned or contra arres. ,5 acres initially; 2.17 acres ultimately. b. project acreage to he developed: _ — 7 c. Project acreage to remain undeveloped: •S$ acres. d. t.e.ngth of project, in "ACS: N/A (if appropriate) e. If the project is an expansio €�, indicate percent of expansion proposed. N / A °� t. Number of off- street parking spaces existing 0 ; proposed 136 Maximum vehicular tri S (aerated er hour: 1[t (upon completion of project)? g. p 9 p h. If residential: Number and type of bausing units: Multiple Family Condorniniurrt One Family Two Family P 49 12 initially 49 ultimately 315 width; 2 10 length. i. Dimensions (in feet) of largest proposed structure: _____ 166.5 height; — j. Linear feet of frontage along a public thoroughfare project will occupy is? 899 ft. 2. Flow much natural material (i.e. rock, earth, etc.) will be removed from the site? — 0 -- tons/cubic yards. 3, Will disturbed areas he reclaimed Yes 1:1 No C� N/A a, if yes, far what intended purpose is the site being seciaime -_ I t.aridscaping aril backfill b. Will topsoil he stockpiled for rer_la€nation? Yes In] Na c. Will upper subsoil he stockpiled for reclamation? Yes 1:1 1J No q flow rr€ar�y acres of vegetrttion (trees, shrubs, ground coves s} will be removed from site? _� —`_� acres. page 5 of 21 1� S. Will any mij'r €ur;� ioresst: (<wr�r - 100 y' =ors old) 01 tttj��r loc��lly irijl:�orUjnt vrgetatir�n be renaovFrd by tljis I:jrojr;ct? _ -Yes Na i,. Ii 7irjglo piias.� project: Arlticipatnd piariod of r,orriirri;tirxj rnont.hs, (includinq demolition) 7. If rnuiti- Phased: a. 1 - otal number of phases anticipated -- j- — (number) } n�ortth 2009 year, (including demoliti011) cement phase 1: �� - b. Anticipated date of cornrnen 2fli year. c. c. Approximate completion date of final phase: rrjorrti7 Y d. Is phase 1 functionally dependent on subsequent phases? Yes No g. Will blasting occur during construction? Yes No after project is complete 40 g. Nuinber of jobs generated: during construction ; 1 _ _ 10. Number of john elinjirrated by this project — 11. Will project require relocation of any projects or facilities? � Yes No If yes, explain: [ 12. is surface liquid waste disposal involved? Yes N o S"it 20,00() (,,Pf) a. if yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged Niagara River 13. Is subsurface liquid waste disposal involved? Yes lil No Type — �- ---- -~ by propoaf? Yes No 14. Will surface area of an existing water body increase or decrease if yes, explain: p ? 0Yes ❑No 1 S Is project or any portion of project located in a 1 oo year flood lain. 16 Will the project generate solid waste? � Yes El No a. If yes, what is the amount per month. ___ — � 2 .5 tons if yes, will an exi 1 i2 -1 u No stin lity be rjse g solid waste facici _ Yes location `I BD -- . - -- - -- c, if yes, dive name T13t) --- - -- - -_ � 1.71 No d, Will any wastes not qo into a sewage disposal system or into a sanitary landfill? Yes p,jq(s 6 of 21 1 7, Will the project involve the disposal of solid waste? Dyes N O a. If yes, What is the anticipated rate of disposal? _ tons /month b. If yes, what is the anticipated site life? years. 18, 1flliil project use licibiCides Or pesticides? ❑Yes [� No 19. Will project routinely produce odors (mare than one hour per day)? ❑ Yes No 20. Will project pradl }ce operating noise exceeding the local am 1. ❑ I ] ambient noise levels? Yes N 21. Will project result in an increase_ in energy use? Yes ❑ No If yes, indicate type(s) Natural gas and. electricity ells, indicate pumping capaC.ity_ . N1A gallonslminute. 1_Z, if water supply is from w 23. - fotal anticipated water usage per day - OO() gallons/day- 24. Does project involve Local, state or Federal Funding? 1:1 ❑ Yes No If yes, explain: l page 7 of 21 City, Village Board � -� �('� . No City, Town, Village Planning Board [ —" ] Yes 1:1 No City, Town Zoning Board ❑ Yes 1 1 No I'yl�)c Subdivion Sr €hl�iittal Dale F �� ) / / D Yes L —� City, County 1- lealth Deparmnt No te _ ❑❑ Other Local Agencies Yes ❑ No _ Other Regional Agencies ❑ Yes �❑ No Agencies Yes No ❑ State Federal Agencies ❑ Yes ❑ No C. Zoning and Planning Information 1. Does proposed fiction involve a planning or /oning decision's E ❑Yes H4 No If Yes, indicate decision required: E❑ Zoning amendment �❑ Zoning variance IA NeWh2VI5tbn n"la UI 5tf`r Plan L SrEl3CIIV15lDn ❑ Site plan E -1 Special rise permit I. Resource management plalI D Other Page 8 of 21 2. What is t to zomlly rigs iiic�+tii�n(s) of r -i�f, siLe? Si�ecial !.rrba�r res�e��tri disirict 3. Wnrrt is the maxinu potential do v(Il� oi?rnc"IL of t110 5ste if i l {10Q / t)f site area 4. What is the proposed zoning of th(I site? eci as permitted by the zoning;? _. — Fa. of the si rf developed as permitted by the. propose W11at is the maximum potential development nt with the recommended comended uses in adopted local land use 6. Is the proposed action consiste ' plans? A Yes /a smile radius of proposed action? rr,r „ r- riorrrinant land usc=(s) and zoning classifications within a ' No Page g of 21 g. Is the proposed action compatible with ad ;nininglsunorsnding land uses With a n M tIC g. If the proposed action is the subdivision of land, how many lots are proposed? N/A NIA a. What is the rninimurn let size proposed. 10 Will proi actiolI require arly w1d1o1i/.Mion(s) for 1.11c formation of s € ever or Watr�r d�5rrif.tti? [ ] Yes 1? 1 No 1 Will the proposed action rrc-jte a demand for any community provided services (recreation, education, police, fire protection? L: Yes No a. If yes, is existing capacity sufficient to handle pr ojerted demand? E Yes 12. Will thr proposed action result in the generation of traffic significantly above present levels? a. If yes, is the existing road network aderluate to handle the additional traftre.. uYes No O Yes D No L] No E), Informational Details Attach any additional information as may be needed to rlar your project. If there are or may be any adverse impacts associated with your proposal, please discus; such impacts and the measures which you propose to mitigate or avoid there, v. Verification I certify that the information provided above is true to the best of my l<novvledge. Applicant/Sponsor Name 1094 Group, LLC signature - 1 "itle Manager Date 119 /09 if the action is in the Coastal Area, and you are a state agency, complete the coastal Assessment form before proceeding with this assessment. Page 10 of 21 z: �i iv zr 3� ii r "L� P A S 49 UtV, Luc._ E� FROM 'I'IIF COMMISSIONER OF ASSFSSMEN'Y AND TAXATION March 3, 2009 00007 2 (Rev. 1/931 MUI TIPI_F PAGI= COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: February 24, 2009 FROM: DEPARTMENT: Assessment and Taxation DIVISION: SUBJECT: [: J. Golombek -G. Harish — Tax Exemption Status for 1606 Kenmore ENTER PRIOR COUNCIL REFERENCE: (IF ANY) #27 G.C.P. Feb. 17, 2009 Example: Item No. xxx C.C.P. xxlxxlxx TEXT: (TYPE SINGLE SPACE BELOW) 1606 Kenmore Ave, Buffalo, New York 14216 -1134 SBL: 78.37 -2 -1.1 Bill Number: 06439650 Owner: Vijay l.larish Used as: Elmwood Small Animal Hospital Veterinarian Dr. Gannon Harisb contacted Assessor Maria Garozzo -Payne in the Department of Assessment and Taxation. Exemption Office to inquire about an Empire "Lone exemption (formally known as an Economic Development Zone Exemption). Alter a thorough search of the Empire Zone records and verification and confirmation with the Empire Zone division of the Office of Economic Development, it was confirmed that this property was not in an Empire Zone. Dr. I- larish was advised that 1606 Kenmore Avenue was not in an Empire Zone and an empire zone exemption would not be available for this particular parcel. Dr. Harish was also advised that pursuant to Real Property Tax Law (RPTL) §485 -b the property would in fact be entitled to a different exemption. An RPTL §485 -b exemption application was provided to Vijay Harish, the owner of record. The application was submitted, approved and put into effect to commence with the City of Buffalo 2009110 fiscal year. 50% of the improved value ($110,300 of the $220,600 increase in assessed value) will be exempt from real property taxes in 2009. 45% of the $220,600 will be exempt for the 2010/11. fiscal year and declining 5% each year for a total of ten years. If Dr. Harish is successful and if this parcel was to be approved as an Empire Zone site, the improvement already made to this parcel would NOT be entitled to an empire zone exemption. Only improvements commenced after a parcel is added to an empire zone are eligible for consideration for a real property tax exemption. 1 do not know the eligibility consequences for Qualified Empire Lone Enterprise benefits (known as QEZE benefits) although there may well be the same restriction. QEZE benefits and qualification applications for becoming an approved Empire Zone Company are made through the Office of Economic Development. TYPE DEPARTMENT HEAD NAME: Martin F. Kennedy TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: Get REFF'H' ) TO THE COMMITTEE ON LEGiSLATION- 00008 0 # 2 (Rev. 1/93), MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: January 27, 2009 FROM: DEPARTMENT DIVISION: Assessment and Taxation SUBJECT: [: ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example: (Item No. xxx, C.C.P. xx/xx /xx) TEXT: (TYPE SINGLE SPACE BELOW} Request Approval of System Agreement between Tyler Technologies, Inc. and City of Buffalo (MUNIS Tax & User Fee Billing Software) I respectfully request your Honorable Body approve the expenditure of $560,000.00 for the implementation of the MUNIS Tax & User Fee Billing Software as per the System Agreement between Tyler Technologies, Inc. and the City of Buffalo. The money for this program has been set aside as part of the City of Buffalo efficiency grant. Extensive research, meetings and demonstrations were utilized in making the determination that this software would best serve the needs of the City of Buffalo. The system, known as the MUNIS System, is currently used by the city as our main Financial & Payroll software and using it for billing will enable the City of Buffalo to incorporate accounts receivable with financial records, a substantial improvement to current capabilities. MUNIS is a system that has worked well in other New York State municipalities and taxing jurisdictions and is a system familiar with the New York State Tax law. The new system will allow for a more efficient operation of departmental responsibilities. MUNIS will allow the incorporation of current and separate computer programs into one operation, i.e., Real Property Tax Law §520 programs, bankruptcy tracking, PILOT programs, court orders, foreclosures, tax history and the entire annual tax billing and payment system. City of Buffalo Treasury Division will also use the new MUNIS system for user fee billing and accounts receivable, which will enable us to integrate User Fee Accounts Receivable with Taxes. The service agreement covers the cost of software and implementation TYPE DEPARTMENT HEAD NAME: Martin F. Kennedy TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: REFERRED TO THE COMMITTEE ON FINN, _ 5 a } A between Tyler Technologies, Inc. 370 U.S. Route 1 Falmouth, Maine 04105 and City of Buffalo 55 Niagara Square, Room 1201 Buffalo, NY 14202 -3380 City nfB��fi"nIn Page 1 of 14 Agreement This Agreement made this day of _ , 2008 ( "Effective Date ") between Tyler Technologies, Inc., a Delaware Corporation, with offices at 370 U.S. Route 1, Falmouth, Maine 04105 ( "Tyler ") and the City of Huffn[o , with its principal office at 65_Niagara Ss� Ranm 12111, Buffata. NY I42Q2 33$Q ( "ClIent "�. Tyler and Client agree as follows: 1. Tyler shall furnish the products and services as described in this Agreement, and Client shall pay the prices set forth in this Agreement. Tyler shall mail invoices to Client at the above address to the attention of 2. This Agreement consists of this Cover page and the following Attachments and Exhibits: Section A. Investment Summary Section B. Software License Agreement Section C. Professional Services Agreement Section D. Maintenance Agreement Section E. Third Party Product Agreement Section F. General Terms and Conditions Addendum R Exhibit 7 - Verification Test Exhibit 2 - Support Call Process Exhibit 3 -Business Travel Policy IN WITNESS VHEREOF, persons having been duly authorized and empowered enter into this Agreement, including Addendum A and all Exhibits hereto. This Agreement is effective as of the date last set forth below. Tyler Technologies, Inc. ny -: Riebard K Peterson, R. President - Financial. Division Date: Client: 0 tv Qf Buffalo fty. Bate: BY APPROVED AS TO FORM ONLY ,( olp , all n of s f ir., of Ruffnln Pave 2 of 14 .r Section A - Investment Summary - Quoted By: Karen Grosset tyler Date: 09/17/2008 Quote Exptratlon: 00 /00 /n/a T C H O L O O I E Sa Quote Name; Buffalo, NY Contract 090908 Quote Number: 9540 Sales Quotation For: Mr. Raj Mehta City of Buffalo 65 Niagara Square, Room 1201 Buffalo, NY 14202 -3380 Phone: (716) 8514$36 Paz: (716) $51 -4031 Email; rtnehta@city- buffilo.org 1 Software RB- CAMA -SW -G CAMA Bridge - Software - G 1.00 $10,000.00 $10,000.00 $1,500.00 $8,500,00 RB -1 Y1? -S 4 -G NY Deliriquerit Process = Sn ware . 'G. 1.00 $3$,SOO.QO SA500.06� $5,775.00 $32,125 NY Tax - Software - G 1.00 $137,500.00 $137,500,00 $20,625.00 $116,875.00 RB- UBCIS - - GI ' Utility hln GIS - Softviare �' 1.00 ` $88 $88;000:00 $13,206.06 $74,800,(}0 Total: Total: $41,100.00 $232,900.00 2 Services • M 1 1 v- a installments M1SC -SV -001 De Tyre tx 1..00 $7,500.00 $7,5 00.00 4.04) 00 $ 500.00 $7 IwiISC -SV- 17(73 Dev- a€ldt.awiiers per.prcrp 1.06 $6,0f)O;Q€1 $6,U00.1)O $0,00 $6,009.(10. 'M1SC -SV -004 Dev- freeze int for banlcrpey 1.00 $7,500.00 $7,500.00 $0.00 $7,500.00 I IS - -005 De r -riew scar( line for, locks LOG $6,000 ;0(1. $6 WOO $6;000.0(f MISC -SV -006 Dev --UB interest talc 1.00 $2,000.00 $2,000.00 $0.00 $2,000.00 r&C-SV-007 'Peaty 'du Cfepct$ #:00: $4,600.641 $4;06 $0, $4;0()0,00 MISC -SV -008 Miscellaneous appropriations 1.00 $30,400.00 $30,000.00 $0.00 $30,000.00 M15C =Sv -009 UeY p arcel F(M zraiiie lookup l A0- $1,000.00 $3,0410,00 SVC -FROG -BAS Business Analyst Services 1.00 $3,600.00 $3,600.00 $0.00 $3,600.00 TF-ST Tyler Forms: State Tait Ubtary -:9 Foams - x:00, $7;4azo.0D $7;00():(Hl $Q.0(t $7,OOO.QO° TF- UB -SVC -G Tyler Forms Utility Billing Library - G 1,00 $6,000.00 $6,000A0 $0.00 $6,000.00 Total. Total: $0.00 $82,600.00 Consulting .......... .. RB- NYD- CS -PR- NY Delinquent Process - Consulting FR - 18.00 $1,275.00 $22,950.00 $0.00 $22,950.00 G G RB TXNY -CS- NV Tax onsul#ingP1t, -G 16,00. $.1.,275:00 $21;406.00° $6.00 $20,400,4H1: PR-G R]3- UBCIS -CS- Utility Billing CTS - Consulting PR - G 8.00 $1,275.00 $10,200.00 $0.00 $10,200.00 PR-Cs Total: f—k„ ,.f t2r.1fr1., Page 3 of 14 e Training RB-CAMA-TR- CAMA Bridge - Training PR - 6 PR_G 1113- D-TR-P.P1 NY Pehnqui Process - Training PR, G RB-'I'XNY-TR- NY Tax - Training PR - G PR_G PR._G Utility. 1341ing CIS - gaining Conversion 11 5.00 $1,175.00 $5,875.00 $0.00 2%00 $1,115.00 $23,500.00 $0 46.00 $1,175.00 $54,050.00 $0.00 25.00 51,175,00 $29, 40.00 $53,550.00 $5,875.00 C6 $54,050.00 . ,$29,375.00 Total: $112,800-00 CV-RE-PT-0PJ-G Real Estate - Option I Tax. Sale - G 1,00 $8,000.()0 $8,()00.00 $0.00 $8,000.00 C,V- KE ft.'- S T. D- G Real Sian&&d 1.00 $19,5 © 0.00 90-500.00 �O�O NY Tax - Support - G CV-UB-OPI-G Utility Billing - Option I Services - G 1,00 $4,500.00 $4,500.00 $0.00 $4,500.00 1 5,9.4,0 Utility aillifig -- Option 4 14alance . . 1 Foilvdrd AR 0 .1.00 $7 600:00 0,00AW $00 - V100010 CV _UB-STD-G Utility Billing - Standard - G 1.00 $4,000.00 $4,000.00 $0.00 $4,000,00 $29,823.00 Total; $43,000.00 Total Total Total Total Total Other Consulting: Training. Conversion Services. Services. Services: $82,600.00 $53,550.00 $112,800.00 $43,000.00 $291,950.00 Total 'row Training Consulting Days: 0 96 Days 42 3 Maintenance "-CAMA-SP-G CAMA Bridge - Support - G 1,00 $2,500.00 $2,500.00 $1,250.00 t1,25.0.00 SP, IVY D el, . zqq4ent PrQiqcgs_,S4ppK -G 1'.06 ' (05,00 p $9 ,625.0 Q $,4 9_12.06 I $ RB_TXNY_SP_G NY Tax - Support - G 1.00 $31,680,00 $31,680.00 $15,840.00 $15,940.00 _0gCIS_W_G IftilityBifling0s.-s! P,6A�o UP 1,00 $15,�4Q 1 5,9.4,0 $7 1 920,OQ Total: Total: $29,822.00 $29,823.00 Summary Fees Maintenance Total Software $232,900.00 $29,823.00 Total Services $291,950.00 Summary Total $524,850.00 $29,823.00 Comments Tyler's quote contains estimates of the am o f services needed, based on our preliminary understanding of the size and scope of your City of nuffink) Pave 4 of 14 t project. The actual amount of services depends on such factors as your level of involvement m the project anti the speed of icnowlvdge v transfer. Customer Approval: Print: Name: Date: P.O. #: All primary values qwW in US Dollar City OfBuffalo . Page 5 of 14 �?c --. F2 r' : 7 ; - A =. t k7�4V41Vi1 LY IJV.[.kW [kl ►i LiViiLl "I !'j� eWillvui 1. License Grant. a) Upon. the Effective Date of this Agreement, Tyler hereby.grants to Client a non - exclusive, non - transferable, royalty - free, revocable license to use the Tyler software products and related interfaces (collectively, the 'Tyler Software Products') and Tyler user manuals for Client's internal business purposes only and otherwise subject to the terms and conditions of this Agreement. This license is revocable by 'Tyler if Client fails to comply with the terms and conditions of this Agreement, including without limitation, Client's failure to timely pay the Software fees in full. Upon Client's payment in full for the Tyler Software Products, this license shall become irrevocable, subject to the restrictions on use and other terms set forth in this Agreement. b) Tyler shall retain ownership of the Tyler Software Products and user manuals. c) The Tyler Software Products are not licensed to perform functions or processing for subdivisions or entities that were not disclosed to Tyler prior to the Effective Date of this Agreement. d) The right to transfer the Tyler Software Products to a replacement hardware system is included in this Agreement. Client shall pay Tyler for the cost of new media or any required technical assistance to accommodate the transfer. Client shall provide advance written notice to Tyler of any such transfer. e) Client acknowledges and agrees that the Tyler Software Products and user manuals are proprietary to Tyler and have been developed as trade secrets at Tyler's expense_ Client shall use best efforts to keep the Tyler Software Products and user manuals confidential and to prevent any misuse, unauthorized use or unauthorized disclosure of the Tyler Software Products or user manuals by any party. f) The Tyler Software Products may not be modified by anyone other than Tyler. If Client modifies the Tyler Software Products without Tyler's prior written consent, Tyler's obligations to provide maintenance services on and warranty the Tyler Software Products shall be void. Client shall not perform decompilation, disassembly, translation or other reverse engineering on the Tyler Software Products. g) Client may make copies ofthe Tyler Software Products for archive purposes only. Client will repeat any and all proprietary notices on any copy of the Tyler Software Products - Client may make copies : of the Tyler user manuals for internal use only. h) Tyler maintains an escrow agreement with an escrow services company under which Tyler places the source code of each major release of the Tyler Software Products. At Client's request, Tyler will add.Client as a beneficiary to such escrow agreement. Client shall pay the annual beneficiary fee directly to the escrow services company and is solely responsible for Maintaining its status as a beneficiary. = 2. License Fees. Client agrees to pay Tyler, and Tyler agrees to accept from Client as payment in full for the license granted herein, the Software fees set forth in the Investment Summary. 3, Vvrificatkma oft e, Tylcir Softw= Prod:].cL�_ Client will select once (1) of the following two (2) options within thirty (30) days of installation by providing written notice to Tyler in accordance with Article 15 of Section F: a) Within sixty (60) days after the Tyler Software Products have been installed on Client's hardware, Tyler will verify the Tyler Software Products by demonstrating to Client that the Tyler Software Products perform all of the functions set forth in Exhibit 1 - Verification Test, which demonstration shall constitute verification that the Tyler Software Products substantially conform to the then- current Tyler user manuals and the functional descriptions of the Tyler Software Products in Tyler's written proposal to Client; or b) 'Within sixty (60) days after the 'Tyler Software Products have been installed on Client's hardware, Client may use its own process to verify that the Tyler Software Products perform all of the functions set forth in Exhibit I - Verification Test, which shall constitute verification that the Tyler Software Products substantially conform to the then- current Tyler user manuals and the functional descriptions of the Tyler Software Products in Tyler's written proposal to Client. c) Verification as described herein shall be final and conclusive except for latent defect, fraud, and a gross mistake that amounts to fiaud. In the event verification is not final and conclusive, pursuant to this paragraph, Tyler shall correct the cause thereof. In the event Tyler cannot correct the cause thereof, Client may invoke its rights under Article 4 Limited Warranty of Section B - Software license Agreement. d) Tyler shall promptly correct any functions of the Tyler Software Products that failed verification. 4. Limited Warranty. For as long as a current Maintenance Agreement is in place, Tyler warrants that the Tyler Software Products will substantially conform to the then - current Tyler user manuals and the functional, descriptions of the 'Tyler Software Products in Tyler's written proposal to Client. In the event of conflict between the afore- mentioned City vfBuffalo Page 6 of 14 0 documents, the then - current Tyler user manuals shall control. if the Tyler Software %'iouuciti do iaot P& Oiu3 as warranted, Tyler will use reasonable efforts, consistent with industry standards, to cure `the defect in accordance with Exhibit 2 - Support Call Process. Should Tyler be unable to cure the defect or provide a replacement product, Client shall be entitled to a refund of the Software fee paid for the defective Tyler Software Product, as depreciated on a straight -line basis over a seven (7) year period commencing on the effective date of this Agreement. 5. Intellectual Property Infringement Indemnification. Tyler will defend and indemnify Client against any claim by an unaffiliated third party of this Agreement that a Tyler Software Product infringes that party's patent, copyright or other intellectual property right issued and existing as of the Effective Date or as of the distribution date of a release to the Tyler Software Product, and will pay the amount of any resulting adverse final judgment issued by a court of competent jurisdiction or of any settlement that Tyler pre- approves in writing, provided that Client promptly notifies Tyler in writing of any such claim, gives Tyler reasonable cooperation, information, and assistance in connection with it, and consent to Tyler's sole control and authority with respect to the defense, settlement or compromise of the claim. Tyler will not be obligated under this section if the infringement results from: (i) Client's use of a previous version of a Tyler Software Product and the claim would have been avoided had Client used the current version of the Tyler Software Product; (ii) Client's combining the Tyler Software Product with devices or products not provided by Tyler, (iii) use of a Tyler Software Product in applications, business environments or processes for which the Tyler Sofiware Product was not designed or contemplated, and where use of the Tyler Software Product outside such application, environment or business process would not have given rise to the claim, (iv) corrections, modifications, alterations or enhancements that Client made to the Tyler Software Product; (v) use of the Tyler Software Product by any person or entity other than Client or Client's employees; or (vi) Client's willful infringement. In the event a Tyler Software Product is finally determined to be infringing and its use by Client is enjoined, Tyler shall, at its election. (i) procure for Client the right to continue using the infringing Tyler Software Products; (ii) modify or replace the infringing Tyler Software Products so that it becomes non- infringing; or (iii) terrrrinate. Client's license for the infringing Tyler Software Product and refund to Client the Software fee paid for the infringing Tyler Software Product, as depreciated on a straight -line basis over a seven (7) year period commencing on the Effective Date of this Agreement. Tyler, shall have no liability hereunder if (i) Client modified a Tyler Software Product without Tyler's prior written consent and such. modification is determined by a court of competent jurisdiction to be a contributing' cause:.of the infringement ,.(iij Client continues using the infringing Tyler Software Product after Client becomes aware that such:infringing Tyler Software Product is or is likely to become the subject of a claim hereunder, or ( iii) theJnfiingement would have been avoided by Client's use of the most current version of the Tyler Software Products. The foregoing states Tyler's entire: liability and Client's sole and exclusive remedy with respect to the subject matter hereof. . . b. Limitation of Liability. In no event shall Tyler be liable for special, indirect, incidental, consequential, or exemplary damages, including, without limitation, any damages resulting from loss of use, loss of data, interruption of business activities, or failure to realize savings arising out of or in connection with the use of the Tyler Software Products. Tyler's liability for damages and expenses arising out of this Software License Agreement, whether based on a theory of contract or tort, including negligence and strict liability, shall be limited to the Software fees set forth in the Investment Summary. Such License fees reflect and are set in reliance upon this limitation of liability. Section C - Professional Services Agreement 1. Services. Tyler shall provide the services set forth in the Investment Summary at Client's election, including installation, consulting, implementation, conversion, and programming. 2. Professional Services Fees. a) Notwithstanding speck prices to the contrary set forth in the Investment Summary, all Consulting and Implementation services shall be invoiced in half -day and full-day increments. b) Upon the completion of each service day or group of days, Tyler will present a Customer Service Report to Client. Client shall either sign the report indicating acceptance of the service day and its subsequent billing, or not sign the report and note reasons for Client's non - acceptance of the service day. This acceptance is final_ c) Verification in accordance with Article 3 Verification of the Tyler Software Products (a) of Section B - Software License Agreement shall be billable to Client at the rate for Implementation services set forth in the Investment Summary. d) Payment is due within thirty (30) calendar clays of invoice receipt. e) Expenses shall be billed in accordance with the then - current 'Tyler Business Travel Policy, based on Tyler's usual Page 7 of 14 and customary practices. Copies of receipts shall be provided on an exception basis at no charge. Should all ieceiPis fur non per diem expenses be requested, an administrative fee shall be incurred. Receipts for mileage and miscellaneous items less than five dollars ($5) are not available. 3. Additional Services. Services utilized in excess of those set forth in the investment Summary and additional related services not set forth in the Investment Summary shall be billed at Tyler's then current rates. 4. Limitation of Liability. In no event shall Tyler be liable for special, indirect, incidental, consequential, or exemplary damages, including, without limitation, any damages resulting from loss of use, loss of data, interruption of business activities, or failure to realize savings arising out of or in connection with the provision or quality of the services or the use of the Tyler Software Products. Tyler's liability for damages and expenses arising out of this Professional Services Agreement, whether based on a theory of contract or tort, including negligence and strict liability, shall be limited to the Consulting, Implementation, Conversion, and Other Professional Services fees set forth in the Investment Summary. Such fees reflect and are set in reliance upon this limitation of liability. 5. Cancellation. In the event Client Cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non- refimdable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the canceled services if Tyler is unable to re- assign its personnel. Section D - Maintenance Agreement 1. Scope of Agreement. Client agrees to purchase and Tyler agrees to provide maintenance services for the Tyler Software Products in accordance with the following terms and conditions. 2. Term. of Agreement. This Maintenance Agreement is effective on installation of the. Tyler Software Products and shall remain In force for a'one (1) year tern. Upon expiration of this Maintenance Agreement, Client may renew the Maintenance Agreertzent for subsequent one (1) year periods at the then - current Maintenance fees. 3 Payment. a) Additional Charges. Any maintenance services performed by Tyler for Client which are not covered by. this Maintenance Agreement, as set forth its Article 5 of Section D Maintenance Agreement,. including materials and expenses, shall be billed to Client at Tyler's theca current rates. b) Tyler reserves the right to suspend maintenance services if Client fails to pay undisputed Software fees within sixty (60) calendar days of the due date. Tyler will reinstate maintenannce services upon Clients payment of the overdue Maintenance fees. 4. Maintenance Services Terms and Conditions. a) For as long as a current Maintenance Agreement is in place, Tyler shall, in a professional, good and workmanlike manner, perform its obligations set forth in the Support Call Process document attached hereto as Exhibit 2 in order to conform the Tyler Software Products to the applicable warranty under this Agreement. If Client modifies the Tyler Software Products without Tyler's prior written consent, Tyler's obligations to provide maintenance services on and warrant the Tyler Software Products shall be void. b) Tyler shall provide telephone support on the Tyler Software Products. Tyler personnel will accept telephone calls during the hours set forth in Exhibit 2 - Support Call Process. c) Tyler shall continuously maintain a master set of the Tyler Software Products on appropriate media, a hardcopy printout of source code to the Tyler Software Products, and Tyler user manuals. d) Tyler shall maintain personnel, that is appropriately trained to be familiar with the Tyler Software Products in order to provide, maintenance services. e) `Eyler shall provide Client with all releases Tyler makes to the Tyler Software Products. Client acknowledges and agrees that a new release of the Tyler Software Products is for implementation in the Tyler Software Products as they exist without Client customization or modification. f) .Client acknowledges and agrees that Tyler reserves the right to cease supporting a prior release of the Tyler Software Products six (6) months after shipping a new release of the Tyler Software Products. 5_ Limitations and Exclusions. Maintenance fees do not include installation or implementation of the Tyler Software Products, onsite support (unless Tyler cannot remotely correct a defect in a Tyler Software Product), application r;,,. „ru,.;,r,. Pao,. R of 14 '- --- -., a ,.,,.t.,.,#.. `,.,e design, other consulting services, sup - POIA OA an opera SycSLei ei lS� 11iiYl14Jgi unit s��jtrir :a alutaats� a y�.x a lavaaaa.aa business hours. 6. Client Responsibilities. a) Client shall provide, at no charge to Tyler, full and free access to the Tyler Software Products; working space; adequate facilities within a reasonable distance f rom the equipment; and use of machines, attachments, features, or other equipment necessary to provide maintenance services set forth herein. b) Tyler currently utilizes "Go To Assist" as a secure commercial PC to PC remote connectivity tool to provide remote maintenance services. Client shall maintain for the duration of the Agreement a high -speed Internet connection capable of connecting to Client's PC's and server. Tyler strongly .recommends that Client also maintain a modern connectivity (including PC- Anywhere, if necessary) for backup connectivity purposes. In the event Client uses the Tyler Software Products on a 'Windows platform, Client shall maintain a modem connection through PC Tyler, at its option, shall use the connection to assist with problem diagnosis and resolution. 7. Limitation of Liability. In no event shall Tyler be liable for special, indirect, incidental, consequential, or exemplary damages, including, without limitation, any damages resulting from loss of use, loss of data, interruption of business activities, or failure to realize savings arising out of or in connection with the provision or quality of maintenance services or use of the Tyler Software Products. Tyler's liability for damages and expenses arising out of this Maintenance Agreement, whether based on a theory of contract or tort, including negligence and strict liability, shall be limited to the Maintenance fees paid to Tyler during the twelve (12) months prior to the claim. Such Maintenance fees reflect and are set in reliance upon this limitation of liability. ` Section E - Third. Party Product Agreement 1. Agreement to License or Se11.Third Party Products. For the price set forth in the Investment Summary, Tyler agrees to license or sell and deliver to Client, and Client agrees to accept from Tyler the Third.Party Products set forth in4he Investment Summary ( "Third Party Products" ). 2. License of Third Party Products: a) Upon Clients payment in full of System. Software License.Fees, Tyler shall grant to Client and Client shall accept from Tyler.a non- exclusive, nontransferable, non - assignable license to use the -Tlaird Party Products and related documentation for Client's internal business purposes, subject to the terms and conditions set forth herein. b) The developer of the Third Party Products (each a "Developer ", collectively "Developers ") shall retain ownership of the Third Party Products. c) The right to transfer the Third Party Products to a replacement hardware system is governed by the Developer. The cost for new media or any required technical assistance to accommodate the transfer would be billable charges to Client. Client shall provide advance written notice to Tyler of any such transfer. d) Client acknowledges and agrees that the Third Party Products and related doceunentation are proprietary to the Developer and have been developed as trade secrets at the Developer's expense. Client shall use best efforts to keep the Third Party Products and related documentation confidential and to prevent any misuse, unauthorized use, or unauthorized disclosure of the Third Party Products and related documentation by any, party. e) Client shall not perform decompilation, disassembly, translation or other reverse engineering on the Third party Products. I) Client may make copies of the Third Party Products for archive purposes only. Client will repeat any and all proprietary notices on any copy of the Third Party Products. Client may crake copies of the documentation accompanying the Third Party Products for internal use only. 3. Delivery. Unless otherwise indicated in the Investment Summary, the prices for Third Party Products include costs for shipment while in transit from the Developer or supplier to Client. 4_ Installation and Acceptance. Unless otherwise noted in Addendum A or in the Investment Summary, the Tyler Software Product installation fee includes installation of the Third party Products. Upon completion of installation, Client shall obtain from Tyler a certification of completion, or similar document, which shall constitute Client's acceptance of the 'Third Party Products. Such acceptance shall be final and conclusive except for latent defect, fraud, and a gross mistake as amount to fraud. Citv of Buffalo Pane 9 of 14 Sik Y. - 1 equi en lar:4 -; t ,h rprov'r� � c:is: atilt c.;tvinammt _ lecat -I'M and, Vlacc fur the ire. tallat - nd#:t`.('FRr1 ✓. A1'i4V 1\.V�lalLL VLLLVLLW . " Vtl�lll4 b1LUlL rILVYL V �a uLFAN�VAb VilL l!l V.i..Jta�bu+, ra.r..�w...0 .u�r.s ✓r �.�.� �.-� w� �.....e.. �.-- .--. -. � Y . �___...... of the Third Party Products; sufficient and adequate electrical circuits for the Third Party products; and installation of all required cables. 6. Warranties. a) Tyler is authorized by each Developer to grant licenses or sublicenses to the Third Party Products. b) Tyler warrants that each Third Party Product shall be new and unused, and if Client fully and faithfully performs each and every obligation required of it under this Third Parry Product Agreement, Client's title or license to each Third Party Product shall be free and clear of all liens and encumbrances arising through. Tyler. c) Client acknowledges and agrees that Tyler is not the manufacturer of the Third Party Products. As such, Tyler does not warrant or guarantee the condition or operating characteristics of the Third Party Products. Tyler hereby grants and passes through to Client any warranty adjustments that Tyler may receive from the Developer or supplier of the Third Party Products. 7. Maintenance. a) In the event Client elects not to purchase through Tyler maintenance services on the Third Party Prod_ ucts, it shall be the responsibility of Client to repair and maintain the Third Party Products and purchase enhancements as necessary after acceptance. b) In the event Client elects to purchase through Tyler maintenance services on the Third Party Products, Tyler will facilitate resolution of a defect in a Third Party Product with the Developer. c) In the event the (Developer charges a fee for future Third Party Software release(s), Client shall be required to pay such fee. 8. Limitation of Liability. In no.event shall Tyler be liable for special, indirect, incidental, consequential , or exemplary damages including; - without limitation, any damages resulting from loss,of use, loss :offdata;: interrulrti ©n of business - activities, or failure to realize savings arising out of or in connection with the use of the Third Party Products. Tyler's liability for damages and expenses arising out of this Third Party Product Agreement, whether based on a theory of contract or tort, including negligence and strict: liability, shall be limited to the License FeeM.urchase. Price the Third Party Products: Such prices. are set in reliance upon this limitation of liability. Section F v General Terms and Conditions ]_ Taxes. The fees set forth in the Investment Summary do not include any taxes, including, without limitation, sales; use or excise tax. All applicable tares shall be paid by Tyler to the proper authorities anal shall be rei mburscdl by Client to Tyler=. lu the evont Client possesses a valid direar -pay permit, Client will forward such permit to Tyler on the Effective .Date of this Agreement, in accordance with Article 15 of Section F General Terms and Conditions. In such event, Client shall be responsible for remitting all applicable taxes to the proper authorities. if tax- exempt, Client shall provide Tyler with Client's tax- exempt certificate. I Invoice Dispute. a) in the event Client believes products or services do not conform to warranties in this Agreement, Client shall provide written notice to Tyler within fifteen (15) calendar days of receipt of the applicable invoice. Client is allowed an additional fifteen (15) calendar days to provide written clarification and details. Tyler shall provide a written response to Client that shall include either a justification of the invoice or an adjustment to the invoice. Tyler and Client shall develop a plain to outline the reasonable steps to be taken by Tyler and Client to resolve any issues presented in Client's notice to Tyler. Client may only withhold payment of the amount actually in dispute until Tyler completes its action ite= outlined in the plan. Notwithstanding the foregoing, if Tyler is unable to complete its actions outlined in the plain because Client has not completed its action items outlined in the plan, Client shall remit full payment of the invoice. b) Any invoice not disputed as described above shall be deemed accepted by Client. Tyler reserves the right to suspend delivery of all services in the event Client fails to pay an invoice not disputed as described above within sixty (60) calendar days of receipt of invoice. 3. Force Majeure. Neither party shall be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by force majeure. Force majeure shall not be allowed unless; City of Buffalo Page 10 of 14 N � : A-•. t____ L\ t________ ��..... .. ral... ......�+.w..,... F�nw.G, m_,A!'kYP t�1P rl:,l7't[T Rrt !) 74?!"F f`t7!'�3{?S'.P is delayed tl?erel?•.'. 4� W lullll 11YG (a f uusuicss days, ui cue v wu rel ^ vt iv�vv ...,u.,. ILT "".. y `shall provide the other party or parties with written notice eiplaining the cause and extent thereof, as well as a request for a time extension equal to the estimated duration of the force majeure events. b) Within ten (10) business days after the cessation of the force maj cure event, the party whose performance was delayed shall provide the other party written notice of the time at which force majeure ceased and a complete explanation of all pertinent events pertaining to the entire force majeure situation. Either party shall have the right to terminate this Agreement if Force Majeure suspends performance of scheduled tasks by one or more parties for a period of one hundred - twenty (120) or more days from the scheduled date of the task. This paragraph shall not relieve Client of its responsibility to pay for services and goods provided to Client and expenses incurred on behalf of Client prior to the effective date of termination. 4. Indemnification. a) Subject to the limitation of liability set forth herein, Tyler shall indemnify and hold harmless Client and its agents, officials and employees from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising from Tyler's negligence or willful misconduct. Tyler shall not be liable to the degree or extent of damages, loss, or expense determined to be the fault of the Client. b) Subject to the limitation of liability set forth herein, Client shall indemnify and hold harmless Tyler and its agents, officials and employees from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising from Client`s negligence or willful misconduct. Client shall not be liable to the degree or extent of damages, loss, or expense determined to be the fault of Tyler. 5. Disclaimer. THE RIGHTS, REMEDIES, AND WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER RIGHTS, REMEDIES, AND WARRANTIES EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SYSTEM INTEGRATION, WHICH ARE HEREBY DISCLAIMED BY TYLER. 6. Dispute Resolution. Client will notify Tyler in writing within fifteen (15) days of becoming aware of a dispute. If Tyler and Client cannot resolve such dispute within thirty (30) calendar days of.Tyler's. receipt. of written notice from Client, the following procedure shall apply_ a) Each party shall appoint one (1) person to act as an impartial representative. The appointed individual shall be of. sufficient knowledge and experience to understand and deal with the dispute but shall not be a person assigned to the project. The set of four (4) individuals consisting of Tyler`s Project Manager for this project, Client's Project Manager for this project, and the two (2) appointees is called a Dispute Resolution Group. b) The Dispute Resolution Group shall convene no later than twenty-one (21) calendar days after the expiration of the thirty (30) calendar day period referenced above and shall meet for a maximum of four (4) four (4) hour sessions daring the subsequent four (4) business days, unless otherwise mutually agreed. Any resolution shall be in writing and signed by both parties. Such resolution shall constitute a binding amendment to the Agreement. In the event the Dispute Resolution Group fails to resolve the dispute as set forth above, the dispute will be referred to non- binding mediation. Thereafter, either party may assert its other rights and remedies under this Agreement within a court of competent jurisdiction. Nothing in this Article shall prevent a party from applying to a federal or state court of competent jurisdiction to obtain injunctive relief pending resolution of the dispute through the dispute resolution procedures set forth herein. 7. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of Tyler and Client. No third party shall be deemed a beneficiary of this Agreement, and no third party shall have the right to .make any claim or assert any right under this Agreement. S. Governing Law_ This Agreement shall be governed by and construed in accordance with the laws of Client's state of domicile. 9. Entire Agreement. This Agreement represents the entire agreement of Client and Tyler with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Client hereby acknowledges that in entering into this Agreement it did not rely on any 0ty ofBuffalo Page 11 of 14 information not explicitly set forth in this Agreement. 10. Severability. if any term or provision of this Agreement or the application thereof shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such terra or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each terns and provision of this Agreement shall be valid and enforced to the fullest extent permitted bylaw. 11. Modification. This Agreement may only be modified by written amendment signed by authorized representatives of both parties. 12. Termination. a) Termination. for Convenience. In the event of Client's termination of this Agreement for convenience, Client shall provide Tyler with thirty (30) days' advance written notice of Clients intent to terminate this Agreement. Client shall pay Tyler for products, services and expenses delivered or incurred prior to the date Tyler received Client's notice of termination. b) Termination for'Cause. In the event of Tyler "s failure to perform under this Agreement, Client shall immediately notify Tyler in writing of such failure and allow Tyler a thirty (30) day period in which to cure such failure. If, at the end of the cure period, Tyler has not cured such failure, Client will have the right to terminate this Agreement. Upon such termination, Client shall pay Tyler for all products, services, and expenses not in dispute which were delivered or incurred prior to the date Tyler received Client's notice of termination. Payment for products, services, and expenses in dispute will be determined in accordance with the dispute resolution process. 13. Approval of Governing Body. Client represents and warrants to Tyler that this Agreement has been approved by its governing body and is a binding obligation upon Client. 14. No Assignment. Client may not assign its rights and responsibilities under this Agreement without Tyler's prior written permission, not'to be unreasonably withheld. 15. Notices. All notices or communications required br permitted as a part of this Agreement shall be in writing (unless another verifiable medium is expressly` authorized) and shall be deemed delivered when: 1) Actually received, 2) Upon receipt by sender of a certified "mail, return receipt signed by an employee or agent of the party, 3) Upon receipt by sender of proof of email delivery, or 4) If not aeftially received, irm (10) days afters deposit with. tla(° T TnitfAl Stapos Postal S(-rvk;e ant orized. xrkail oi�;nter witii prober postage (certified rnO, return receipt requested) affixed and addressed to tlrc respeotive other party at the address set forth in this Agreement or such other address as the party may have designated by notice or Agreement amendment to the other party. Consequences to be borne due to failure to receive a notice due to improper notification by the intended receiving party of a new address will be borne by the intended receiving party. The addresses of the parties to this Agreement are as follows: Tyler Technologies, Inc. 370 U.S. Route One Falmouth, ME 04015 Attention.: Chief Financial Officer Client: City of Buffalo 65 Niagara Square, Room 1201 Buffalo, NY 14202 -33$0 Attention: Mr. Raj Mehta 16. Independent Contractor. This is not an Agreement of partnership or employment of Tyler or any of Tyler's employees by Client. Tyler is an independent contractor for all purposes under this Agreement. 17. Insurance. Prior to performing services under this Agreement, Tyler shall provide Client with certificates of insurance evidencing the fallowing insurance coverage: a) Commercial general liability of at least: $1,000,000; b) Automobile Liability of at least $1,000,000; c) Professional liability of at least $1,000,000; and rv... -'r u..Fl .7,. Poop 1 of 1 A. d) Workers coir)pensation complying with statutory requirements_ 18. Confidentiality. Both parties recognize that their respective employees and agents, in the course ofperformance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities. Each party agrees that it will not disclose any confidential information of the ether party and fin Cher agrees to tame appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein shall survive the termination or cancellation of this Agreement for a period of two (2) years. This obligation of confidentiality shall not apply to information that: a) At the time of the disclosure is in the public domain; b) After disclosure, becomes part of the public domain by publication or otherwise, except by breach of this Agreement by a party; c) A party can establish by reasonable proof was in that party's possession at the time of disclosure; d) A party receives from a third party who has a right to disclose it to that party; or e) Is subject to Freedom of Information Act requests, only to the extent disclosure is based on the good faith written opinion of the receiving party's legal counsel that disclosure is required by law: provided, however, that that reeeivmg party shall give prompt notice of the service of process or other documentation that underlies such requirement and use its best efforts to assist the disclosing party if the disclosing party wishes to obtain a protective order or otherwise protect the confidentiality of such confidential information. The disclosing party reserves the right to obtain protective order or otherwise protect the confidentiality of its confidential information. 19. Nondiscrimination. Tyler shall not discriminate against any person employed or applying for employment concerning the performance of Tyler's responsibilities under this Agreement. This discrimination prohibition shall apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin,. age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform: the duties of a particular job or position, height,-weight, marital status, or political affiliation. 20. Subcontractors. Tyler shall not subcontract any services under this Agreement without Client's prior written permission, not to be unreasonably. withheld. 21. Non- appropriation. If Client should not appropriate or otherwise make available funds sufficient to purchase, lease,. operate or maintain the products set forth in this Agreement, or other means of performing the same functions of such products, Client may unilaterally terminate this Agreement only upon thirty (30) days written notice to Tyler. Upon termination, Client shall remit payment for all products and services delivered to Client and all expenses incurred by Tyler prior to Tyler's receipt of the termination notice_ 22. Stripping. Delivery shall be F.O.B. shipping point. 23. Business Liewse. In the event a local business license is required for Tyler to perform services hereunder, Client will notify Tyler prior to the Effective Date of this Agreement and will provide Tyler with the necessary paperwork and/or contact information. Pace 13 of 14 Adden&rjii A The following are clarifications and/or. modifications to the Agreement. In the event of a conflict between Addendum A and the Agreement, Addendum A shall prevail. 1. Payment Terms a) Tyler will invoice Client $224,400 when Tyler has made the Tyler Software Products available to Client for downloading. Such amount equals 100% of the Software fees, excluding CAMA Bridge. b) Tyler will invoice Client $8,500 upon delivery of CAMA Bridge. Such amount equals 100% of'the Software fee for CAMA Bridge. c) Tyler will invoice Client fees for Services (excluding modifications), plus expenses, if and as provided/incurred. d) Tyler will invoice Client fees for modifications/development 50% upon delivery of specifications and 50% upon delivery of modification. Tyler will perform a modification upon receipt of written notice to proceed from Client. Client will have thirty (30) days from delivery of modification to test. such modification. In the event Client does not report an issue with such modification to Tyler within such thirty (30) day period, the modification will be deemed in compliance with the specifications. c) Tyler will invoice fees for Business Analyst Services as follows: 50% upon completion cif the discovery mectings and/or calls 50% upon completion and delivery of the Business Analysis Modification Summary Documents 0 The Maintenance fees set forth in the Investment Summary reflect six (6) rrrontbs from. delivery waived. Tyler will prorate:the subsequent Maintenance fees to coincide with Client's annual Maintenance Agreement. 2. Prices do not include travel expenses incurred in accordance with Tyler's then - current Business Travel Policy. Tyler's current Business Travel Policy is attached hereto as Exhibit 3. 3_ Payment is due within thirty (30) days of the invoice date. . 4. The "Miscellancous Appropriations" line item in the Iavcstnxent Scunmaty is for additional serviecs upAerovrD as of fire Effective Date, at Tyler - `s staudard rates. 5. The "Agreement between Computer Center Software and City of Buffalo for the Purchase and the Licensing of Application Software Products" dated July 2, 1998 shall terminate as of the Effective Date. The products licensed to Client under such contract shall be supported by Tyler under this Agreement. ('ito nfRuffaln PaLye 14 of 14 Exhibit 1 Verification Test The verification tests detailed below will be conducted following installation and prior to implementation. Only the tests corresponding to the software products licensed by Client will be conducted, The tests are performed using the MUNIS Verification Database. This database contains general information applicable to all customers. Given this, the verification tests will not validate site specific functionality. Rather, the tests will prove the MUNIS systems is installed and performs base line functions. Client- specific functionality will be reviewed during the implementation phase when site - specific data will be built and applied against desired functionality. Each phase contains three sections: table views, reports, and process. The phases are intended to be completed in 4 hours. Finally, each phase has a space where Client will be asked to initial, certifying the verification has been accepted. Phase f 1. View General. Ledger Master Table 2. View Budget Master Table 3. View Vendor Master Table 4. View General ledger Account.Inquiry — perform drill down 5. Find PO's/Regs in PO Inquiry 6. View Inventory Master 7. View Fixed Assets Master 8. View Work Order Master Phase 2 9 Enter a requisition 10 Approve the requisition 11 Convert to a PO 12 Post the PO . 13 Enter an invoice against the requisition 14 Post the invoice 15 Select items to be paid report 16 Print Checks (on blank paper without forms) 17 Find journals in Journal Inquiry using date find Phase 3 18. Reports: b. GL Trial Balance c. 'YTD Budget Report d. Vendor Invoice List e. Purchase Orders by GL Account (Select Open POs) f. Inventory List by Location g. Fixed Asset List by Location 1 Phase 1 1. View Deduction master 2. View Pay Type Master 3. View Employee Master 4. View Employee Detail History — Perform Drill Down 5. View Position Table 6. View Terminated Employee Table Phase 2 7 Add new Employee 8 Build Job Pay Records 9 Start a new PR. 14 Generate employee records 11 Enter exceptions 12 Print Final Proof 13 Update Employee files 14 Print checks (on blank paper without forms) Please 3 15 Reports b. Employee Detail c' Employee Accrual d. Detail Check History Report e. Payroll Register I . View Charge Ccd€ fiI- with Rate Tabl €,; 20 View Account Master -- Perform Drill Down 3. View Customer. File 4. View Bill Inquiry 5. View Account Inquiry Phase 2 6. Add new account 7. Create water service _record 8. Start a new bill run a. View Charges File Maintenance 9. Enter meter reading manually 10. Run Charges Proof Register 1 l.. Generate AR 12. Print Bills (on blank paper without forms) 13. Make a payment to a bill 2 Phase 3 14. Reports: a. Consumption Inquiry/Report b. UB Aging Report c. Charge/Payment History d. Detail Receivables Register _ . .Phase 1 1. View Customer File 2. View Parcel File 3. View Charge Code File 4. View Tax Year Parameter S. View Motor Vehicle Master File 6. View Bill Inquiry 7. View Lien rile 8. View Receipt Inquiry 9. View Activity Totals Inquiry/Report Phase 2 10. Create a new General Billing Customer 11. Add a GB Invoice 12. Make a payment against the GB 13. Make a payment against a Tax/ExciSelPersonal Property/Ect. Bill 14. Print Payments Proof 15. Post Payments 16. Use Receipt Inquiry to find the payment Phase 3 17. Reports a. Summary Receivables b. Detail Receivables c. Posted Payments Report Phase 1 1. View Permit Type Fm 2. View Project Type f/m a. Find a Project type with the 4 - bottom buttons" checked which indicates there is data. If none, build some defaults at the bottom. - b. Drill down using the bottom buttons. 3. View Inspection Type f/m a. Drill down into Inspectors and Checklist at bottom 3 4. View Violation Code f/m a. Drill down into Enforcement Steps 5. View Property Master a. Perform drill down using the Side Menu options. Phase 2 6. Add anew Property. a. Set up default Restrictions, Hazards, and Violations at the bottom. 7. Add a new Application. a, Use a Project/Act that has the four defaults set in Project Type Fm (One each is fine.) b. Make sure the App automatically set up the default Permits, Prerequisites, Inspections, and Dept/Board Reviews by choosing the options to view. c. Choose the Collect side menu option. Make sure you can accept payments for the Fees and the system links to the A/R module properly. Phase 3 8. Reports a..Applicatiom Status Report b. Inspections History Report c. Violations Report d. Contractors Report e. Dept/Board Review Report } Phase I 1. View Parking Ticket (PT) Parameter File 2. View PT Charge Codes 3. View Owner Maintenance Phase 2 i . PT Enity 2 e PT Inquiry 3. Review Fxport/huport of data 4. Review Late Processing Phase 3 L. Issue by location report 2. Violations_by issue date report 3. Issuer productivity report Phase I 1. View Customer File 2. - View Description Codes 3. View BL Charge Codes 4. View BI.. Master File. 5. View BL Late Payment process 6. View Bill Inquiry 7. View Business Master Report S. View Business Location Report ti t c� Phase 1 1. View Animal Type File 2. .View Customer File 3. View AL Master File 4. View License Detail Report 5. View License History Report 6. View Tag Report (Performed with General Ledger) Phase 1 1. View Project Master Table 2. View GL Master with Project Code 3. View Project Budget Report Phase 1 - 1. Export from GL Account Inquiry into Excel 2. Export from GL Account Inquiry in Word Phase 1 1. Select ZZ — Verification Report from the System Admin section of the MUMS Crystal Reports Library. This will display results from the MUNIS live database so no configuration needs to be done to the Crystal setup to run this report. 5 Phase I I . View Contract Master File 2. Enter a Requisition against a contract 3. view contract Master to highlight changes Phase 1 I . View a Recurring Cash Flow record for current FY in Recurring Cash Flow F/M. Z. Generate Cash Flow File Maintenance. 3. Generate ajournal entry on the Cash Flow File Maintenance record created. 4. Go to General Journal Entry/Proof, find journal that was generated and post it- I N Phase I . 1. View and update the General Administration Settings 2. Add a new user under Users Phase 2 3. View and update Application Ad under Employee Adndn 6 A Exhibit 2 Support Call Process Tyler Technical Support Department Goal: To provide an effective support ;mechanism that will guarantee timely resolution to calls, resulting in high -level customer satisfaction. How to contact us Call the Tyler toll free number (800- 772 -2260) or log a support request online through the Tyler Website (www.tylertech.com) Ilow support is organized The Tyler Technical Support department is divided into 8 teams; Financials, PayrolVHR, Tax/Other Revenue and Collections, Utility Billing and Collections, OS/DBA (operating System and Database Administration), Crystal Reports, Tyler Education Management and Tyler Forms. These "product specific" teams allow support staff to focus on a group of products or serviccs. A team of specialists assigned to each team will handle your calls quickly and accurately. Each team consists of Tyler Support Product Manager, Support Analysts and Technical Support Specialists. The Support Product Manager is responsible for the day - today operations of the team and ensuring we provide exceptional technical support to our clients. The Support',A.nalysts arc responsible for assisting the team with client's . issues and provide on -going training for the tearn. Technical Support Specialists are responsible for diagnosing and resolving customer issues in a timely and courteous manner Standard support hours Financials PayrolllflR 'rax/other Revenue and Collections Utility Billing and Collections osmBA Crystal Reports Tyler Education Management Tyler Forms 8 AM -8 PM EST (Monday Friday) 8 AM -8 PM EST (Monday- Friday) 8 AM-6 PM EST (Monday- Friday) 8 AM -8 PM EST (Monday- Friday) 8 AM -6 PM EST (Monday Friday) 8 AM -5 PM EST (Monday- Friday) 8 AM -4:30 PM EST (Monday - Friday) 8 AM4:30 PM EST (Monday -- Friday) Support is not available on the following holidays: • New Year's Day (January 1) Memorial Pay (observed) Independence Day (July 4) Labor Day (observed) • Tl,anksggiving Day • Day aver Thanksgiving Day e Christmas Day (December 25) Focus on Incoming rate When you call Technical Support your call will be answered incoming by a support technician,, or you will be transferred into the support voice mail. Our Goal is to capture 75% of our daily calls incoming, which means you will often be able to start working with a support specialist immediately when you call. Leaving messages for support When you leave a message on the support voice mail make sure the following information is in the message. -Your full uarnc (first name, last name) and the site you are calling for /from A phone number where you can be reached -The details of the issue or question you have (i_e.: program, process, error message) -The priority of the issue (0, 1, 2, or 3) When you will'be available for a return call from support (most times support will call back within an hour of your message) Paging All client questions are important to us. There may be times when you are experiencing a priority 0 critical issue and all technicians for the requested team are on the line assisting customers. In this circumstance, it is appropriate to pte;ss U to be redirected to the operator. ':Cho operator will page the team you aced to cor►tact. Wr agk that you rescrvc this function for those timc.> vWhca Tyler° is dawn Ora mission critical application is down and you are not able to reach a technician immediately. . Online support Some questions can be handled very effectively by e -mail. Once you have registered as a user on the Tyler Website (www.tylerterh,com) there is an option. under "Customer Tools" that allows you to ask questions or report issues to support. Tyler's Customer Portal (TCP) allows you to log an incident to Technical Support anytime from any internet connection. All TCP account, incident and survey data is available in real -time. Your existing contact information defaults when you add a new support incident. You will be asked for some required information such as an Incident Description, Priority, Product Group and Product Module. '-'here is unlimited work -note text for you to describe the question or problem in detail, plus the ability to attach files or screenshots that you think would be helpful to support. When you add a new incident, the incident number is presented on the screen and you will receive an automated e-mail response that includes the incident number. The new incident is routed to the it appropriate technical support team queue for response. The appropriate team will review your incident, research the item and respond via e• -mail within two (2) business days. Customer Relationship Management System. Every call or e -mail from you is logged into our customer relationship management system and given a unique call number. This system tracks the history of each incident, including the person calling, time of the call, priority of the call, description of the problem, support recommendations, client feedback, and resolution. For registered users on the Tyler Website www.t lertech.com), a list of calls is available real- time under the Tyler Customer Portal (TCP). Call Numbers Support's goal is to return client's calls as soon as possible. if you are not available when we call back we will leave a message with the open call number on your voice mail or with a person in your office. Then when you call back you can reference this call number so you do not have to re- explain the issue. An open call number is also given to you once 'an initial contact has been made with support and it is determined that the issue will not be resolved during'the initial call. The open call number lets you track and reference specific open issues with support. Development Work Tickets A Work Ticket is created when a program fix is escalated to Development. A unique number is used for each issue to track the status of every program fix. Priority 0 work tickets are fined immediately and distributed to the clients who are impacted. Priority 1 work tickets are fixed within 30 days of the date the call came into Technical Support. Priority 2 work tickets are fixed within 60 days of the date the issue was brought to Development for assistance. Priority 3 work tickets are worked on as time permits and have no time constraint or deadline. Priority 1, 2 and 3 work tickets are included in the next Tyler release once they are corrected and quality assured_ Call Priorities A call escalation system is in place where, each day, - Support Analysts and Product Support Managers, review open calls in their focus area to monitor progress. Each call logged is given a priority (0, 1, 2, and 3) according to the client's nceds/deadlines. The goal of this structure is to clearly understand the importance of the issue and assign the priority for closure. The client is responsible for setting the priority of the call. Tyler support keeps track of responsiveness to priority 0, 1 and 2 calls each week. This measurement allows us to better evaluate overall customer satisfaction. Priority 0 call -- issue is critical to the client, the Tyler application or process is down. Priority I call — issue is severe, but there is a work around the client can . use. Priority 2 call — issue is a non- severc support call for the client. Priority 3 call — issue is a low priority for the client and they would like to work with support as time permits. Open Goal — maximum Goal — Support Goal — maximum Call number of days a managers and analysts number of days a Priority support call is review open calls development work ticket open is open -- 0 less than a day - Daily Immediate action 1 10 Days or less Every other day 30 Days from support call " 2 30 Days or less Weekly 60 )Jays from work ticket 3 60 Da ys of less WeeklyNIA Following up on open. calls Some of your issues will not be resolved during the first call with a support technician. If the call remains open, the technician will give you an open call number to reference and confirm the:priority of the incident. If you want to follow up on a call you have open with a support technician, call the appropriate support feafli raid reference the c aU 4 io the t(;cl"ciaji'who answers or loavc this information in your mc.;,sagee Refexeacin tlac j umbff allows anyornc. in support to quiellly follow up on the issue for you_ You can also update the incident through 'TCP on the Tyler Website www.t ledech_com) and add a note requesting follow -up. Escalating a support call If the situation to be addressed by your open call has changed and you need to have the call priority adjusted, please call the appropriate support team and ask to be connected to the assigned technician for the call. If that technician is unavailable, another technician on the team may be able to assist you with the call priority escalation, or transfer you to the product support team manager. If you fccl you are not receiving the service you need, call the appropriate Product Manager and tell thean the open call number for which you need assistance. The product Manager will follow up on your open issue and determine what needs to be, done to meet your needs. Technical Support Product Mans ers: John Carolan oohn.carolan @tylertech.com) (X4196) Financials Tcam Sonja Johnson (sonja johnson@tylertech.cozn) Steve Jones (steven-joncs @tylertech.com) Laurie Littlejohn ( laurie.littlejohn@tylertmh.com) Greg Mehlhorn (greg- mehlhorn @tylcrtech.com) Michele Violette (michele_violette@tylertech -corn) Greg Mehlhorn (greg,mehlhorn @tylertech.com) Tracy Silva (traey.silva @tylertech.com) (X4157) Payroll Team (X4255) Tax and Other Revenue Team (X4392) Utility Billing Team (X4391) OSIDBA Team (X4381) Crystal Team .(X4391) Tyler Forms Team (X4433) Tyler Education Management If you are unable to reach the Prodtict Manager, you should call CJ McCarron, Vice President of Technical Support at extension 4124 (cj.mccarron @tylertech.com) Remote Support Tool There will be support calls that require further analysis of your database or setup to diagnose a problem or assist you with a question. GoToAssisto is used to share your desktop via the Internet and provide you with virtual on -site support. The GoToAssist tool from Citrix (www.citrix -com provides a highly secure connection with 1211 -bit, cad - to-end AES encryption_ Support is able to quickly connect to your PC and view your site's set up, diagnose problems, or assist you with screen navigation. At the end of each GoToAssist session, there is a quick survey you should complete so we have accurate and up -to -date feedback on your support experiences. We review the survey data so that. we can continually improve our services. F -mail Registration Customers can go to our web site and register for email "groups" based on specific Tyler applications. We use these groups to inform clients of issues and to distribute helpful technical tips and updated technical documentation. The survey information allows you to update your registration at any time. You may unregister for one or more distribution lists at any time if you want to do so. Tyler Website Once you have registered as a user on the Tyler Website (www.!yleAcch.corn ) you will have access to "Customer Tools" and other information such as on -line documentation, user forums, group training schedule/sign -up and annual user conference updates/registration. Exhibit 3 Business Travel Policy Air Travel A. Reservations & Tickets Tyler's Travel Agent will provide an employee with the lowest available airfare within two hours before or after the requested departure time. If a net savings of $140 or more is possible through an alternate flight with not more than one stop, the flight with the lower fare should be accepted. Employees are encouraged to intake reservations far enough in advance to take full advantage of discount opportunities. B. Baggage Fees Fees for checking up to two pieces of baggage will be fully reimbursed, provided they are directly related'to Tyler business. Baggage fees for sports equipment are not reimbursable. 2e Ground Transportation A. Private Automobile Business use of an employee's private automobile will be reimbursed at a rate of $ .585 per Smile plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. B. Reintal Car Employees are authorized to rent cars only in conjunction with air travel when cost, convenience and the specific situation require their use. C. Pub) ie `franesportati na Taxi or airport limousine services should be considered when traveling in and around cities or to and frown, airports. The Company will reimburse the actual fare plus a reasonable tip {15 -18 %). In the case of a free hotel shuttle to the airport, a $1 tip per bag is reimbursable. Lodging Tyler's Travel Agent will select hotel chains that are well established, reasonable in price and conveniently located in relation to the tr'aveler's work assignment- Typical hotel chains include Fairfield Inn, HarMton Inn and Holiday Inn Express. If the customer has a discount rate with a local hotel, notify Tyler's Travel Agent as soon as possible to ensure that all employees can take advantage of the rate. 4_ Meals Employee meals while on travel status are reimbursable in the form of a flat per diem rate. The reimbursement rates for individual meals are as follows: Breakfast $ 6.00 Lunch 10.00 x� Dinner 28.00 Total $44.00 A. Overnight Travel Employees on overnight travel. status are eligible to claim all three meals on their expense report except as follows: Departure Day Depart before 12:00 noon Depart after 12:00 noon Return Day Lunch and dinner Dinner Return before 12:00 noon Return between 12:00 noon & 8:00 p.nti Return after 8:00* p.m. Breakfast Breakfast and lunch Breakfast, lunch and dinner *8:00 is defined as direct travel time and does not include time taken to stop for dinner B_ Same Day Travel Employees traveling at least 2 hours to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return borne after 8:00* P.M. *8:00 is defined as direct travel time and does not include time taken to stop for dinner 5. Internet Access — .Hotels and Airports Employees who travel may need to access their e -mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If your hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for intemet access at airports are not reimbursable. Effective Date: July 1, 2008 N Statement of Work For an Enterprise Resource Planning System Project Prepared by Tyler Technologies, Inc. For a MLNIS hnplementation at Buffalo, DIY For Contracting Signing September 18, 2008 Statement of Work Buffalo Enterprise Reso P lanning Project Il+ 1 EXECUTIVE SUMMARY .................................................................... ..............................3 1.1 Objective of the Project ................................................................... ............................... 3 1.2 Scope of Implementation ................................................................ ............................... 3 1.3 Project Timel ine .............................................................................. ............................... 4 2 TECHNOLOGY ARCHITECTURE ...................................................... ............................... 6 2.1 Data Conversion and Installation .................................................... ............................... 6 2.11.1 Data Conversion (Conversions will be completed within their appropriate Phases as describedin section 13) ...... .. .... ...... ..... ................................................. ................ ....... :............ .........6 2.1.1.1 Work: Standard Data Conversion Services ......................................................... ..............................6 2 .2 Software Installation ....................................................................... ............................... 7 3 IMPLEMENTATION METHODOLOGY, STAFFING, AND WORK PLAN ...... ............................... 8 3.1 The Implementation Team .............................................................. ............................... 8 3.1.1 Organizational Chart.. .... _ .......................................................................... .............................. 3.1.2 Duties of Team Members ..................... . .. ............................... ..............................8 3.1.2.1 BUFFALO Team Members ................................................................................. ..............................8 3.1.2.1.1 Project Manager ............................................................................................ ..............................8 3,1.2.1.2 Functional Leaders/ BUFFALO Project Manager ......... ......................_....... ..............._......-- ....._9 3.1,2.1.3 System Administrator/ BUFFALO Project Manager ................................... ......... ....................10 3.1.2.1.4 End User ...................................................................................................... .............................10 3- 1.2.1.5. Decentralized User ....................................................................................... ................... ..........10 3.1.2.2 MUNIS Project Team ...................... ............... ....... ............... ..... ... ........... .......................... ____ ...... 11 3.1.2.2.1 MUNIS Project Manager........................................................................... ............................... 11 3.1.2.2.2 Implementation Consultant. ...................... ................................ .............. __ ............................ 11 3.1.2.2.3 Senior Implementation Analysts ................................................................ ............................... 12 3.1.2.2.4 Development Business Analysts (If Modifications are Necessary)._.... ..... ...... __ ...... .... _ .... 12 3.1.2.2.5 Conversion Programmer . ..... .. ........... .......................... .................... ....... .............. ....... .... ......... 12 3.1.2.2.6 Tyler Forms ................................................................................................. .............................12 3.1.2.2.7 Technical Support ........................................................................................ .............................13 3.I.2.2.8 Transitional Services .................................................................................... ................ .............13 3.2 The Implementation Plan. .... .............................. .................................. ........ ...... _... 14 3.2.1 Implementation Methodology ................................................................... ............................. 3.2.1.1 General Project Roles and Responsibilities ........................................................ .............................14 32.1.2 Phase I — New York Real Estate Tax Billing ......... .. ... ___ ................................. ............................ 15 12.1.3 .Phase 11--- New York Delinquent Tax Processing .............................................. .............................16 3.2.1.4 Phase III - Utility Billing ................................................................................... .............................17 3.2.1.5 Tyler Project Manager ........................................................................................ .............................18 3.11.6 BUFFALO Project Manager ............................................................................. ............................... 18 3.2.1.7 Project Change Management .............................................................................. .............................20 3 .2.1.8 Quality Management .......................................................................................... .............................20 3 .2.1.9 Communication .................................................................................................. .............................21 121.10 Schedule Management ........................ - -- ... ... ....... ._.. .............. .-._.. ... .... ............................ ..- ........... 21 32 .1.11 Scope Management ........................................................................................... .............................22 3.2.1.12 Resource Management. ........ .................... ................ ........... ....................... _ ................ ............ 22 3.2.1.13 Education Management._.... ....... .......................................... ............................. ............ 23 3.2.1.14 Conversion Processes ................................................................................ ............................... .... 24 3.3 Program Modification Processes .................................................. .... ........................... 24 4 TRAINING STRATEGY .................................................................. ............................... 26 4.1 Education ..................................................................................... ............................... 26 4.1.1 Description ................................................................................................ .............................26 4.1.2 Purpose ..........._ ............................. ....._....--- .................. ............ ................ ...... .......... ....26 4.1.3 Process ........... ................ ........................ .................. ..... ... ........................- ...... .............26 Statement o[Work Buffalo Enterprise Resource Plannin 4J3J Deomnxtru6onAouly*is.oudKuowleJga7\aonfe,-------------_----------36 4 .132 Prerequisites ..... —..... ................ ....... ................. ....... ............ ........... —.............................. 2h 4l3-3 TO BE Demonstration — Static Environment Tes ........................................ ....... ......................... 27 4l1A MLDNl8 Application Training .......... —........ — ........ .................... ......... ......... ...... _27 4]-3.5 P/e'LiveTruini ....... .............................. ................... I— ............... --- .......................... ......... 77 4.13.6 9oxLbmBerouoiQationTrobdug------------------------------,--'27 4.1.3.7 PonLivuOobputundln4uiry1ra6inQ---------__------------------�27 41'4 Logistics ..................... ............... --............. ...... —..................................... ...... ........ ..... 27 4].4] --------------------------------------27 4l42 Fac i lities .......... .............................................. ................. —.................................................. ....... 27 4 .1,43 Staff — ... ........ .............. .............. — ... .......... ...... ................................ .......... ........... ....... ...... 2V 4l4 Schedu ............... ---........ ............................. --- ............... ...... ...... -- ... -- ................ 2V 4.1.5 Action Plan ........... --.......................... —.................... ............. --............ .... ........ 28 4.1.6 Measurement & Tracking ... —......................... ......... ........................... ............. ................ 28 413 Basic Division of Responsibilities_ ... ........ ............. ............... _---................................ 29 42 Classes ...... ................................... ....................................... ..................................... 30 4,21 Sample Description of Class Planned ...... ................................. ........... —...................... '3O 42.1.1 Tax Billing l0l ........................ .................................. ................. ................................. -----JV 4.2l1.1 Prerequisites ..... ......... —................................. ............... — ...................... ....... ----........ 0 4,2l1'2 Overview ufMUNISO Tax Billing Modob`— ......... ....... ...... —........ ....... ............................ _3U 4.2-I]3 Master Record Processing ... ..... — ......... ....... ...................... ----........ --........................ 3U 42l1 Bill Processing ................................................................ ............... —....................... ...... ....... 30 42l1 Inquires and Reporting --- ........... — ........ .................................................................... .............. )0 421.16 Collection Processing ...... ....... ............ ..................... ........... .................. ............ — ............... 1U 4-2.2 Knowledge Transfer Activities .... ........... ....... ---...... ............. ............ ..... ...................... 30 5 ............. ....................................................... .............. .^32 5] General Pro Activities and Del iverab|wn .............. ----........................ ........... 32 5`1j Project Planning and Kickoff. ........... ......................... ..................... ................... —...... 82 5].2 Facility Requirements .............. --...... ...... —............................................ ..... .......... 32 512 System Administration ..... --......... —........................................................... --........ —'32 5.1,3 Tax BUUn8— .......... ---............. --........................... ....... ................. —...... ............... 33 514 Delinquency Processing ...... ........................................... ................. --....... ................ ... 33 5.1.5 Utility 8i|Ung-- ................ —....... ........ ----.......... ............ — ............. —...... ....... —'33 51.4 Tyler Forms Processing- -------...... ---......................... --.......... ...... —....... 34 6j.0 Uonnawurk ................................ ........... ------......... ...... ......... —........... ......... ... 34 6 SOFTWARE ........................... .—......................................................... 3G 6 .1 Software ............. —....... .................... ..................................... ..................... 36 61.1 Descr of Software — ................... —......................................... ...................... ...... --36 L11 Statement of Work Buffalo Enterprise Planning System Implementation B 1 Executive Summary The project objective is the successful implementation of the MUNIS© Enterprise Financial System at BUFFALO with Tyler and BUFFALO working in partnership to accomplish this goal. Successful implementation of a computer system is the result of a number of factors related to a Partnership Approach to doing business: • Setting Realistic Expectations and Meeting Them • Understanding the Roles and Responsibilities of BUFFALO and Tyler • Allotting proper time for Planning, Training and Testing • Proper Allocation of Resources on the part of Both Parties • Teamwork, Communication and Effective Change Management 1.1 Objective of the Project The objectives of this project are as follows: • Position BUFFALO to meet its current and future strategic objectives. • Access to quality and timely data. • Better and more efficient reporting. • Better analytical capabilities. • Eliminate data duplication. • Improve efficiency and productivity. • Better performance data. • Improve business processes. • Flexibility to accommodate organizational changes_ • Increase access to historical data (and the ability to compare w/ previous years). • Maintain quality customer service. • Develop "enterprise" focus — eliminating silos of data. • Improve user effectiveness and efficiency. • Preclude unnecessary burden on BUFFALO operations as a result of new systems. 1.2 Scope of Implementation The modules /functionality to be implemented at BUFFALO in no specific order of timeframe are: New York Real Estate Tax Billing New York Delinquent Tax Processing — Utility Billing Tyler Forms Processing 3 Statement of Work Buffalo Enterprise Planning System Implementation 1.3 Project Timeline PHASE I, Real Estate Tax Billing, will begin in the second quarter of 2009 with the goal to be live an December I" of 2009. PHASE 11, New York Delinquent Processing, is yet to be determined. PHASE 111, Utility Billing, is yet to be determined. It has been determined that modifications are needed by BUFFALO to go live. The identified modifications are as follows: .......... .. The RPS Import needs to exclude the tax amount when importing_ The MUNIS bill needs to be able to accommodate a three installment bill. The MUNIS system needs to allow for additional owners per property. The MUMS system needs to freeze the interest amount for bankruptcy cases. MUNIS needs to develop a new scan line layout for Iockbox files. MUMS needs to develop a new interest calculation for Utility bills. MUMS needs to address the penny differences. Please note that the number of service days (analysis and training) contracted are estimated based on Tyler's experience in conducting similar implementations for clients that are comparable in size and scope to BUFFALO. Should additional service days need to be purchased by BUFFALO to complete any aspect of the implementation of the MUNIS solution, then BUFFALO will need. to purchase these days at Tyler's current billing prices. Tyler will provide BUFFALO a quote for the additional days needed and only deliver on the services once a Purchase Order has been received. Should a significant change need to be made to the scope of the project, then a Change Order will need to be processed. If BUFFALO desires additional services that are not being performed or requires a change to the existing services, then BUFFALO can deliver a Change Order specifying the proposed work with sufficient detail to enable Tyler to evaluate it, Tyler, within five (5) business days, or longer as may be mutually agreed between the parties, following the date of receipt of such Change Order, will provide BUFFALO with an evaluation of the Change Order and a Milton proposal. BUFFALO will notify Tyler in writing if they elect to proceed with the Change Order. if accepted Tyler will thea schedule and perform the services described in the Change Order. Software, conversions, forms, Integration and interfaces, critical imports / exports, other services and 11' infrastructure anticipated to be included in each phase are shown below: Implementation Area Phase Phase Phase Software: Tax Billing X New York Delinquent - Processin g X Utility Billin X Data Conversion Real Estate Option #1 - Tax Sale X 4 Statement of Work Buffalo Enterprise Planning System Implementation l.i Real Estate - Standard X UB Option #1 - Services X UB Option #4 — Balance Forward AR X UB Standard X Forms: Tax Billing X Utility Billing X Critical Imports 1 Exports: RPS Im port X Statement of Work 2 Technolo Architecture 2.1 Data Conversion and Installation Buffalo Enterprise Planning System Implementation 2.1.1 Data Conversion (Conversions will be completed within their appropri- ate Phases as described in section 1.3) o Real Estate — Option #1: Tax Sale o Real Estate - Standard a Utility Billing Option #1: Services o Utility Billing Option #4: Outstanding Bills a Utility Billing Standard: UB Account Master Conversion pricing includes 1 source file for each option. If BUFFALO has multiple source sys- tems they will consolidate into a single file format before sending to MUNIS. Additional charges will be incurred if MUNIS has to create conversions for multiple source systems. The cost for each additional file will be the price of the quoted conversion multiplied by the number of addi- tional files based on that particular module. 2.1.1.1 {Nark: standard Data Conversion Services Data conversions are handled in a number of ways. Sometimes, standard or custom programming is used to automatically convert information. Sometimes, data entry is the best option. 'Tyler and the customer together determine the best coarse of action to take, as well as the assignment of responsibilities. The Conversion Process in general is as follows: I. Tyler Implementation Team works with Buffalo to better understand Buffalo's business practices. Ty- ler tries to determine if there are specific iteans that are unique to Buffalo that must be incorporated in- to the conversion. Tyler and Buffalo complete a crosswalk to establish where codes kom legacy sys- tem will be populated in MUNTS, and how they should be identified in MUNIS. 2. In the event that specific details need to be converted at a line level that cannot be wrapped around a global rule, then Buffalo would need to provide detailed instructions as to flow this data must be con- verted_ In some cases this data may not be able to be converted and manually added to MUNIS by Buf- falo and Tyler staff after the final pass of converted data is loaded. 3. Buffalo to provide an extract of the legacy system data along with a corresponding file layout for Tyler Conversion Programmer to work with, At the time the data is extracted from the legacy system, Buffa- lo is to run balancing reports along with taking screen prints of legacy system so that converted MUNIS data can be validated. No one should be in the legacy system at this time. 4. "Tyler Conversion Programmer to take the crosswalk, any specific details, any mapping documents and data file and create a program to move legacy system data to MUNIS data tables. S. Once the first conversion pass of data is created, Tyler Implementation Team will work with Buffalo to load the data pass into the test or training database. Tyler will also assist Buffalo with proofing the data to determine what areas need to be adjusted for the next data pass. 6, Subsequent conversion pass leading up to the final conversion pass will be loaded and reviewed by Ty- ler Implementation with the assistance of Buffalo staff. Also, after the third or fourth pass the con- verted data should be in a state that it will be able to be used during the training sessions, which will help identify any additional items to be corrected for a subsequent pass. 7. The final conversion will call for a repeat of number 3 above. Once tine final extract is exported from the legacy system, all transactions that would normally be entered into the legacy system will need to wait until the final conversion pass is loaded into MUNIS. This process can take up to a week to turna- 6 Statement of Work _Buffalo Enterprise Planning System Implementation round the final pass. Once the final pass has been delivered by Tyler, Tyler Implementation with the help of Buffalo will load the data and proof the data in the test/train database. If everything validates, then the pass can be loaded into the live /production database. Transactions that have not been entered to either system can now be keyed into MUNIS. The loading of the final pass of data typically marks the customer going live on the system. Tyler will have a resource on site during this time to .field any questions or provide guidance when need be. It has been Tyler's experience that it takes on average 5 data passes for each module being implemented. The information below describes the types of files that can be converted/created. Tax Billing: Standard: Master Accounts Option l: Delinquent/Lien Records Utility Billing: Standard: Master Accounts Option 1: Services Option 4: Balance forward — Outstanding Billing History up to 3 years 2.2 Software Installation Tyler Installation Team will load the contracted software to allow Tyler Implementation to implement the purchased modules at Buffalo. The solutionn will be loaded into the Live /Production environment, which will allow for processing in the Live database as well as a Training/Testing database. VII Statement of Work Buffalo Enterprise Pl System Implementation 3 Implementation Methodology, Staffin and Work Plan 3.1 The Implementation Team 3.1.1 Organizational Chart Department Heads /Leads: MUNIS Project Managers: Development- Support: Conversion: OSDBA: Implementation: Administration: Tyler Forms: To Be Determined Kirk Cameron Catherine Joy- McCarron Robyn Smart- Oliver Greg Mehlhorn Danelle Daley Mike Lyons Joanne Lord 3.1.2 Duties of Team Members 3.1.2.1 BUFFALO Team Members 3.1.2.1.1 Project Manager • Manage completion of Project .Planning Documents • Identify and communicate to Tyler PM requirements for a successful implementation of MUNIS 8 s e r {x e a A e r � G•xs sq� - '8 A S s e t s Alrlflicalinn Speciiiiists Functioll,11 slider laser overall Supervisor 3.1.2 Duties of Team Members 3.1.2.1 BUFFALO Team Members 3.1.2.1.1 Project Manager • Manage completion of Project .Planning Documents • Identify and communicate to Tyler PM requirements for a successful implementation of MUNIS 8 I Statement of Work Buffalo Enterprise Planning System Implementation • Coordinate with Tyler PM to develop and maintain implementation schedule which identifies specific milestones and establishes accountability • Scheduling BUFFALO resources for training days. This includes but is not limited to personnel, equipment and training rooms. • Identify additional employee training needs and update schedule • Ensure that employees accomplish tasks on time, including monitoring homework assignments • Review invoices and approve payment in accordance with the contract and associated milestones • Oversee Project and monitor progress with 'Tyler PM • Develop conversion specifications with Tyler • Coordinate resources to work with Tyler resources during analysis and proofing of conversion data • Coordinate resources to work with Tyler resources during form proofing and provide sign -off • Coordinate MIS functions such as system backups, loading releases and software updates, hardware installation and operating system setup • Coordinate regular internal project meetings determining status of tasks and listing outstanding issues. Communicate these to the Tyler PM at each project management meeting. • Manage all 3rd Party Vendor projects • Provide and facilitate 3rd Party Vendor Communication Plan and Escalation Process • Initiate all Change Requests to project management plans as requested by Client 3.1.2.1.2 Functional Leaders/ BUFFALO Project Manager • Provide detailed policy information • Analyze potential policy changes • Subject matter experts on selected modules • Participate in knowledge transfer and analysis sessions • Sign off on system design • Participate in form design • Participate in conversion mapping and validation • Participate in testing and parallels • Assign department resources for training and internal project tasks • Complete Security templates for all end users • Provide information to complete Auxiliary Tables • Attend all training sessions or appoint an appropriate management level designee • Assess end user competency on trained topics • Assess policy compliance • Provide end users with dedicated time to complete required homework tasks • Act as supervisor /cheerleader for the new MUNIS process • Identify and communicate to BUFFALO PM any additional training needs or scheduling conflicts 9 Statement of Work Buffalo Enterprise Planning System Implementation r r • Help document lessons learned at end of each phase and signoff on formal acceptance for phase close -out • Perform Live Processes 3.1.2.1.3 System Administrator/ BUFFALO Project Manager • Coordinate with 4SDBA to load MUNIS Releases • Copy LIVE database to Training database as needed for training days • Create any necessary data tapes or conversion files to be transmitted to MUNIS or 3rd Party Vendors • Add new users and printers • Perform basic server system maintenance • Ensure all users understand MUNIS log -on process and have necessary permission for all training sessions • Ensure network and infrastructure is sound 3.1.2.1.4 End User • Have basic computer skills: o Using a mouse o Clicking on an icon to open a new window o Minimizing windows o Switching between open windows o Printing screens o Understanding the desktop ® Attend Training as offered. The End User should be prepared to dedicate to training day(s) completely, freeing themselves of daily responsibilities and interruptions. e Complete tasks as assigned. Practice skills learned within train.iog bf.forc Nve. processing date. • Communicate Departmental needs to Functional Leaders, Project Manager and Tyler Project Manager (i.e; approval authorization, reporting, etc.) ® Communicate any problems, errors or difficulties understanding or applying accepted Policies and Procedures to Functional Leaders and Project Manager • Demonstrate competency with MUMS processing prior to GO LIVE • Perform Live Processes 3.1.2.1.5 Decentralized User • Have basic computer skills o Using a mouse o Clicking on an icon to open a new window D Minimizing windows o Switching between open windows 10 Statement of Work Buffalo Enterprise Planning System Impl r �t9 o Printing screens o Understanding the desktop e Attend Training as offered. The End User should be prepared to dedicate to training day(s) completely, freeing themselves of daily responsibilities and interruptions. * Complete tasks as assigned. e Practice skills learned within training before Live processing date. Communicate Departmental needs to Functional Leaders, Project Manager and Tyler Project Manager (i.e. approval authorization, reporting, etc,) * Communicate any problems, errors or difficulties understanding or applying accepted Policies and Procedures to Functional Leaders and Project Manager e Demonstrate competency with MUMS processing prior to GO LIVE * Perform Live Processes 31.2.2 MUNIS Project Team 3.1.2.2.1 MUNIS Project Manager • Scheduling and leading the Kick -Off Meeting e Providing an initial task list for the project e Working with BUFFALO PM to coordinate an implementation schedule Scheduling Tyler resources for training days Coordination of services with Tyler Forms. * Coordination of conversion services with appropriate departments within MUNIS. * Oversee project and monitor progress with BUFFALO PM e Hold regular conference.calls with BUFFALO PM to review status and progress of project and to identify any outstanding issues. * Manage Change Orders 31.2.2.2 Implementation Consultant * Perform Verification Testing e Deliver System Administration Training . Deliver Knowledge Transfer Analysis e Participate in Static Environment Testing * Assist with Forms Analysis ® Perform System Design and Auxiliary Table Analysis ® Assist with Data Conversion Analysis e Train BUFFALO in Conversion Validation process * Assist in Testing and Parallel Processes • Super User Training It Statement of Work Buffalo Enterprise Planning System Implementation • End User Training • Decentralized Training • Pre -live services • Go -live support • Post -live reconciliation and training 3.1.2.2.3 Senior Implementation Analysts ® Immediate direct support for Implementation Staff on site. • Assistance in all Implementation Specialist's duties. • Assistance to Implementation Staff on site for tracking or obtaining information so Implementation. Staff can continue training or continue with a process without interruption. • Special processing or assistance in the absence of an Implementation Specialist, 3.1.2.2.4 Development Business Analysts (If Modifications are Necessary) • Participate in Contract Modification Analysis • Document Contract Modification functionality • Secure BUFFALO acceptance of functional specifications ® Coordinate knowledge transfer with Development Department ® Demonstrate functional compliance to Client Coordinate knowledge transfer with Implementation Team 3.1.2.2.5 Conversion Programmer Q> Validate data files are readable Development and testing of the prof rams and/or processes used io create the data using the mapping rules a Perrol convc1sion ® Revision of the results as data anomalies and exception conditions are discovered 3.1.2.2.6 Tyler Forms • Provide specifications for all purchased forms • Review requirements for equipment and supplies • Provide instruction sheets and form mock -up sheets • Conduct review of client's form mock -up sheets • Create form designs o Install forms software and approved fonns % Provide training on forms 3.7.2.2.7 Technical Support • Provide timely response to questions and issues based on call priorities 12 Statement of Wor Buffalo Enterprise Planning System Implementation • Escalate issues to Senior Analysts and Development as needed • Seek BUFFALO confirmation of issue resolution 3.1.2.2.8 Transitional Services • Participate in transition call from Implementation to Support • Provide post -live status conference calls • Help to identify post -live service needs • Coordinate any items that span several departments. • Maintain ongoing relationship 13 Statement of Work 3.2 The Implementation Plan 2.1 Implementation Methodology 3.2.1.1 General Project Roles and Responsibilities Buffalo Enterprise Planning System Implementation Deliverable Task Project Management MUNIS Project Plan development & Management LEADS ASSISTS Task Define MUNIS Project Standards & Procedures OWNS PARTICIPATES Task Obtain Executive Mandate PARTICIPATES OWNS OWNS Task Task Manage MUNIS Deliverable Sign -offs Manage MUNIS Implementation Resource Scheduling PARTICIPATES OWNS NONE Task Monitor MUNIS Project Budget OWNS PARTICIPATES Task Risk Management SHARE SHARE Task Manage MUNIS - Related 3rd Party Implementations PARTICIPATES OWNS Task Schedule BUFFALO Resources NONE OWNS Task Develop Test Scripts SHARE SHARE Task Coordinate MUMS Interdepartmental Activities OWNS PARTICIPATES Task Coordinate BUFFALO Interdepartmental Activities PARTICIPATES OWNS Task MUMS Project Status Meetings LEADS _ASSISTS Task Monitor BUFFALO Project Task Completion ASSISTS LEADS Task Task Task Coordinate and Manage Internal BUFFALO Project Meetings Track Project Issues. Network Management with OSDBA Services NONE OWNS SHARE OWNS SHARE PARTICIPATES Task MUNIS Database Administration OWNS PARTICIPATES Task Coordinate System Backus ASSISTS LEADS Task Load MUNIS releases and/or program corrections OWNS PARTICIPATES 14 Statement of Work Buffalo Enterprise Planning System Implementation �f[ 3.2.1.2 Phase I — New York Real Estate Tax Billing 15 fM Knovvledge� Transfer Analysis M I MM De and (GAP) Y Knowledge Transfer - MUMS to Functional Task Leaders LEADS PARTICIPATES Knowledge Transfer - Functional Leaders to Task MUNIS PARTICIPATES LEADS Task Auxilia Table Analysis LEADS PARTICIPATES Task Gap/Modifications Analysis LEADS PARTICIPATES Task Conversions Analysis LEADS PARTICIPATES Task Forms Anal sis „.. LEADS PARTICIPATES r- Task Test Processin a ainst Policies LEADS ASSJSTS Implementation - Form De sign - Phase I Tax Deliverable Billing Task Create Form Desig OWNS NONE Task Proof & Acce t Form Desi ns ` Implementation Testing PARTICIPATES OWNS De liverable - - a nd Phase 1 Tax Billing Task Data Population Task Data Conv OWNS ASSISTS Task Data P roofing OWNS ASSISTS Task Auxilia Tables Com letion OWNS ASSISTS Task Trai T Task Super User Training LEADS PARTICIPATES Task End User Trainin LEADS PARTICIPATES Task Testin Task Parallel Testing PARTICIPATES OWNS Task Policy Testing PARTICIPATES OWNS Task Security Testin PARTICIAPTES OWNS Task Integration Testin PARTICIAPTES OWNS "task Unit Testing PARTICIAPTES OWNS Task Re ression Testin PARTICIPATES OWNS Task Go Live Plannin LEADS ASSISTS Task Final Conversion Validation ASSISTS OWNS Task Decentralized Training - Optional Service NONE OWNS Task User Acceptance Tes #in ASSISTS LEADS Task Stress TestinR PARTICIPATES. OWNS Deliverable Live Processing Task Perform Live Processes ASSISTS LEADS. B P R Task Reco nciliation LEADS PARTICI Task Policy Review PARTICIPATES LEADS Task RcnMina LEADS PARTICIPATES s- B illing Task I Transition to Support & Customer Care LEADS PARTICIPATES 15 Statement of Work Buffalo Enterprise Planning System Implementation 16 3.2.1.3 Phase 11— New York Delinquent Tax Processing Statement of Work Buffalo Enterprise Planning System Implementation 3.2.1.4 Phase 111 — Utility Billing 1) 4 Task Task Task Task Task Task Task Task Task Ta sk Task Task Task in Task Task Task Iff- Task Task Task Task in Task Data Conversion Data Proofi Auxiliary Tables I Training - - Su per User Train End User Trainin Testing Parallel Testing Policy Testing Security Testinq 11 Go Live Plannin Final Conversion Validation Decentralized Training_: Optional Servic User Acceptance Testing Stress Testin Perform Live Processes Reconciliation Transition to Care OWNS Knowledge Transfer - MUNIS to Functional OWNS ASSISTS Task Leaders LEADS PARTICIPATES LEADS Knowledge Transfer- Functional Leaders to LEADS PARTICIPATES Task MUNIS PARTICIPATES LEADS Task Auxilla Table An sis LEADS PARTICIPATES Task Gap/Modifications Analysis LEADS PARTICIPATES Task Conversions Analysis LEADS PARTICIPATES Task Forms Analysis To.Be Model Static Environment Test LEADS PARTICIPATES �- - of , Task Test Processing against Policies LEADS ASSISTS Implementation Design De liverable Task Create Form Designs OWNS NONE Task Proof & Accept Form Desions PARTICIPATES OWNS Task Task Task Task Task Task Task Task Task Ta sk Task Task Task in Task Task Task Iff- Task Task Task Task in Task Data Conversion Data Proofi Auxiliary Tables I Training - - Su per User Train End User Trainin Testing Parallel Testing Policy Testing Security Testinq 11 Go Live Plannin Final Conversion Validation Decentralized Training_: Optional Servic User Acceptance Testing Stress Testin Perform Live Processes Reconciliation Transition to Care OWNS ASSISTS OWNS ASSISTS O WNS ASSISTS RTICIPATES OWNS LEADS PARTIC LEADS PARTICIPATES PARTICIPATES OWNS PARTICIPATES OWNS PARTICIAPTES OWNS PARTICIAPTES OWNS P ARTICIAPTE S OWNS PARTICIPATES OWNS ASSISTS OWNS NONE OWNS ASSISTS LEADS_ RTICIPATES OWNS ASSISTS LEADS LEADS PARTICIP RTICIPAT LEADS LEADS PARTICIPATES LEADS PARTICIPATES 17 Statement of Work Buffalo Enterprise Planning System implementation 3.2.1.5 Tyler Project Manager Objective: Maintaining control of Tyler deliverables, project scope, budgetary constraints, resource management and communications. Scope • Scheduling and leading the Kick- Off/Discovery Meeting • Providing an initial task list for the project • Working with BUFFALO PM to coordinate an implementation schedule • Scheduling MUNIS resources for training days • Coordinate analysis and proofing of conversion data • Coordination of services with Tyler Forms. • Coordination of conversion services with appropriate departments within MUNIS. • Oversee project and monitor progress with BUFFALO PM • hold regular conference calls with BUFFALO PM to review status and progress of project and to identify any outstanding issues. • Manage Change Orders Outputs • Project Calendar • Status Reports • Agondas • Issues Tracking Sheet • Account Reconciliation Tracking Sheet ® Change Order Forms Format: All outputs of Tyler Project Management scope will be provided in soft copy. Completion Criteria: Sign-oft and acceptance of outputs. 3.2.1.6 BUFFALO Project Manager Objective: Maintaining control of BUFFALO tasks, internal project scope, internal budgetary constraints, internal resource management and communications. Scope • Manage completion of Project Planning Documents • Identify and communicate to Tyler PM requirements for a successful implementation ofMUNIS • Coordinate with Tyler PM to develop and maintain implementation schedule which identifies specific milestones and establishes accountability ® Scheduling BUFFALO resources for training days This includes but is not limited to personnel, equipment and training rooms. Identify additional employee training needs and update schedule • Ensure that employees accomplish tasks on time, including monitoring homework assignments • Review invoices and approve payment in accordance with the contract and associated milestones 18 Statement of Wo Buffalo Enterprise Planning System Implement 7 • Oversee Project and monitor progress with Tyler PM • Develop conversion specifications with Tyler • Coordinate form proofing and provide sign -off • Coordinate MIS functions such as system backups, loading releases and software updates, hardware installation and operating system setup • Coordinate regular intemal project meetings determining status of tasks and listing outstanding issues. Communicate these to the Tyler PM at each project management meeting. • Manage all 3rd Party Vendor projects ® Provide and facilitate 3rd Party Vendor Communication Plan and Escalation Process • Initiate all Change Requests to project management plans as requested by Client Outputs • Resource Availability Calendar • InternaI Project Status Reports • Critical Stop Sign -offs • Schedule Acceptance Notice • Issues Tracking Sheet • Change Order Forms Format: All outputs of BUFFALO Project Management scope will be provided in soft copy. 19 Statement of work 0 Buffalo Enterprise Planning System Implementation 3.2.1.7 Project Change Management Objective: Develop Change Management Plan to ensure that all changes (ix., scope, technical, schedule, and cost) are properly identified, evaluated, implemented or rejected, tested, and documented. Scope • Develop Change Control Plan • Identify Change Control Board • Define Change Control Steps • Develop Diagnostic Tools for Evaluating Readiness for Change • Define Communication Criteria Format: BUFFALO is responsible for the internal Change Management Process. 3.2.1.13 Quality Management Objective: To define metrics and processes for performing system testing and maintaining quality standards. Scope • Create a "Testing Environment' for implementation and fitture use ® Develop Test Scripts Verification Testing • Policy Testing • Security Testing • Parallel Testing Integration Testing Unit Tasting C. Rul ressio ►r Testing ® Stress Testing Tyler and BUFFALO share responsibility for developing Quality Management Plan. BUFFALO and Tyler will share the responsibility for developing test scripts. Policy Testing is a shared responsibility, reliant on BUFFALO providing updated Policy manuals for use in testing. Security, Integration, Unit and Regression Testing are shared tasks completed during all other testing processes. Parallel "Testing is performed with certain applications and is a shared task for initial test and shifted to BUFFALO ownership for subsequent parallels. Completion Criteria: Critical Stop Acceptance of Testing Phase I 20 Statement of Work Buffalo Enterprise Planning System Implementation 3.2.1.9 Communication Objective: To define the formal and informal communications that are critical throughout the MUNIS project. The plan includes specific information regarding the type of communication, purpose, scope, objectives, audience, responsibilities, format, and timing. Scope • Kick Off Meeting • Project Status Management Meetings • Project Team Meetings • Tyler Implementation project Status Meetings • Project Status Reports BUFFALO and Tyler share responsibility for developing communication paths. Project Status Meetings and Project Team Meetings are internal to the client. 'Tyler Implementation Meetings are a shared responsibility. Project Status Reports are generated by the "Tyler PM on a bi- weekly basis. Format: Agendas for meetings and Status Reports will be delivered in soft format. Completion Criteria: Critical Stop Sign -off on Kick -Off Meeting. BUFFALO'S acceptance of Project Status Reports. 3.2.1.10 Schedule Management Objective: To define the process of how the master project schedule will be established, managed and modified. Scope • Embed the Schedule into the overall Project flan • Tracking Schedule Progress • Changing the Project Schedule • Schedule Reporting • Closing the Project Schedule BUFFALO and Tyler share responsibility for communicating separate Schedule Management activities. Format: Calendars for Tyler activities will be delivered in soft format. Requests for Schedule Changes and Schedule Reporting will also be delivered in soft format. Completion Criteria: Completed Schedule Approval, Schedule Reconciliation Acceptance 5 21 Statement of Work Buffalo Enterprise Planning System Implementation 6 3.2.1.11 Scope Management Objective: To define the scope of activities performed under the Tyler Contract. Specifically, this describes the expectations, participant roles and responsibilities, and project approach to implementation of the suite of TYLER software modules. Scope • Define Project Assumptions • Define Personnel Assumptions • Technical Assumptions • BUFFALO Task Assumptions ® Operational Transfer Plan BUFFALO and Tyler share responsibility for ensuring that the scope of the projects stays on task. 3.2.1.12 Resource Management Objective: To establish the processes that organizes and manages the project team and the necessary physical resources for the project tasks. Scope e Resource Planning • Acquiring Resource Team and Tools • Develop the Project Resources • Manage the Project Resources and Tools MUMS and BUFFALO share responsibility for managing resources. 22 Statement of Work Buffalo Enterprise Planning System Impl tion r r F f r'a 3.2.1.13 Education Management � Objective: Define the process of transferring knowledge bi- directionally between Tyler and BUFFALO. Scope • Communicate the process to stakeholders and MUNIS functional leaders. • Answer specific questions (where will classrooms be established, what database environment will be utilized, etc.) • Establish action items link: project personnel as owners. • Define measurement. criteria to ensure the Education Plan has been successfully followed. BUFFALO and Tyler share responsibility for managing needed items to educate BUFFALO staff. 23 Statemen of Wo rk Buffalo Enterprise Planning System Implementation 3.2.1.14 Conversion Processes Objective: Plan and define the conversion process, identify activities, and define assumptions, complete conversion programming and proofing. Scope • Define a Conversion Approach • Team Planning and Direction • Table Mapping • Legacy Table Translation • Table Importing/Loading • Table Validation • Production (Final) Data Validation • Assumptions , BUFFALO and Tyler share responsibility for developing a Conversion plan. BUFFALO Project Manager is responsible for managing the plan as is applicable to internal resources. The Tyler Project Manager is responsible for managing the plan as is applicable to Tyler resources. The Tyler Conversion Team is responsible for programming, running and loading the conversion. Tyler owns training BUFFALO on Data Verification process and participating in issue resolution. BUFFALO Project Manager owns Conversion Acceptance. Completion Criteria: Critical Stop Sign -off on Conversion Acceptance 3.3 Program Modification Processes It has been identified that program modifications and/ /or interfaces are necessary for the MUNIS system, Tyler will provide a dedicated resource to ensure an accurate and timely delivery of the desired functional changes. A Business Analyst (BA) will be assigned to manage and monitor activities such as discovery calls, definition documents, and delivery milestones. The Business Analyst works closely with Tyler Developers and Implementers, as well as the Client, to reach the goal of a successful modification delivery. Modifications typically involve changes or additions in program functionality that affect: new, desired results within the MUNIS programs, interfaces are modifications involving a program change that allows for a data interchange with another automated system. Because an interface is a form of program modification, each can be completed via the same series of tasks. In the following descriptions and diagrarn, the terms modification and interface can be used interchangeably. For each requested: modification, the following tasks are required: 12 ;�; r� 5tg.� -'� q•,�,�r - r - art r.� j � s� t sit k .c� -{sr� ,�. riw.�,Y? - Fes; s # cal v ? ? 611 111311' ;� ¢ i A r C'��lo(1 X' , � . �'L'�.�� r. S$ s:r. - , ' ,n � '"�� Introduction, requirement Tyler BA meets Client, coordinates calls Tyler BA leads, Client discovery, and analysis sessions and /or on - site discovery sessions participates regarding details of modification. Confirm need for system Tyler BA evaluates requirements to Tyler BA leads modification determine an existing solution is not currently available. t f L � t - � �tl -� c { � -- € �' .- � ,� ' s - �. - � - -' reatdalltg1mrttsf _ , 1yjerl wtil uvorl� wrh t ht Clfen trs ? rr T \ / $er BA Clrent <s� n of \'�,. .4 ...e.v\.k 24 Statement of Work Buffalo Enterprise Planning Syste Implementation G� Tyler Development to review Tyler developers review Modification Tyler BA, Client sign off Modification Summary, analyze Summary and create Client needs and create a program Specification document describing how spec (Client Specification) and where the program changes will occur. BA to deliver for Client approval. Requires signoff. fley ��#ocf �`atv�Y lersvisepr2�ms,_ Tyie Iee[o�rs ,z s ?F ° F N i t t IN , �' ,.a�.�.3 {�r,.'ta'�;,rr >., §'�i.x'� srv 4J��kh3 �a. F§ �ia4�P. +'r_.,?"�eds,`..+�;- �.a .....4. Test modification, followed by Following program level testing, Tyler BA mod delivery to Client modification is delivered to BA for next level of.testing to ensure changes meet Client`s requirements. Program is then' delivered to Client system. 25 Statement of Work B uffal o Enterprise Planning System Implementation 4 Training Strate_ay 4.1 Education 4.1.1 Description Knowledge must be transferred between Tyler and the Client. First, the process of transferring knowledge is vital to the analysis phase of our project. During analysis we: review the "AS IS" environment, provide MUNIS demonstrations, review questionnaires and flow charts, and ultimately arrive at a "TO BE" model. The TO BE model becomes the foundation for user training. Second, training denotes a classroom setting with teacher and pupil. While training will occur, it is a piece of the overall education needed to be a proficient MUNIS user. 4.1.2 Purpose • Communicate the process to stakeholders and MUNIS functional leaders • Answer specific questions (where will classrooms be established, what database environment will be utilized, etc.) • Establish action items link project personnel as owners. • Define measurement criteria to ensure that knowledge has been transferred to BUFFALO staff. 4.1.3 Process It is imperative that knowledge be transferred from Tyler to BUFFALO. The overall education will include the following: 4.1.3.1 Demonstration, Analysis, and Knowledge Transfer Tyler employees will perform the following tasks: ® As Is review Product overview demonstration ® In depth analysis of MUNIS options ® Questionnaire review This phase will involve the functional leaders. The goal of this phase is to transfer high level knowledge between parties. The output will be policies and procedures related to the use of MUNIS. The policies and procedures will determine the training agenda to be delivered to the end users. 413.2 Prerequisites Tyler has three tools that are required prerequisites prior to user training: Training Database- All users must have access to the MUNIS training environment. The users must have logins established and know how to access the training environment. Navigational Videos- Tyler will provide MUNIS navigational videos to the client. The videos can be stored on a network folder for broad access. The videos demonstrate basic MUNIS functions including: menu navigation, table /screen navigation, add/update /output, search, browse data records and the MUNIS toolbar. Knowledge Base Manuals- In addition to MUNIS on -line help, we will provide Knowledge Base Manuals depicting baseline MUNIS functionality and the steps required to process records. For example, the How to Enter a Refund manual shows a beginning MUNIS user the steps necessary to create a refund. 26 Statement of Work _ -. -_ -- _... _....__Buffalo Enterprise Planning System Implementation We have found that users who utilize the prerequisites learn MUNIS at a faster pace and retain more classroom discussion than their peers whose first exposure to MUNIS is their first training day. } 4.1.3.3 TO BE Demonstration — Static Environment Test This process allows the Functional Leaders to see a working MUNIS system with BUFFALO data. We will process data according to the defined policies and procedures. The intended education is an overall understanding of the integration of MUMS applications, a review and understanding of security options, and workflow touch points. 4.1.3.4 MUNIS Application Training In this phase we are conducting classroom. training. 4.1.3.5 Pre -Live Training These repeated classes provide end users the opportunity to review MUNIS functionality in a classroom environment. 4.1.3.5 Post Live Reconciliation Training The process of reconciling data is reviewed during pre -live training. However, we feel that hands on training with live data provides a better overall understanding of the MUNIS tables and how to reconcile daily, weekly, and monthly functions. 4.1.3.7 Post Live Output and Inquiry Training The output and inquire routines are reviewed during pre -live training. However, we feel that hands on training with live data provides a better overall understanding of the MUNIS options related to extracting needed information. 4.1.4 Logistics BUFFALO and Tyler will work together to define education logistics. The following table should be used as a starting point for defining logistics_ The final logistics table will become part of the Education flan. 4.1.4.1 Software /Hardware • How many databases will be utilized? ® Who will refresh the training database? • Will a second server be utilized? 4.1.4.2 f=acilities ® How many training rooms will be utilized? Where are the locations of each training room? v flow many workstations will be in each training room? o flow many printers will be in each training room? ® Other training room requirements (white board, phone, etc.) • Who will schedule the training room? 27 Statement of Work 4.1.4.3 Staff • How many students per teacher? 0 • How many students per workstations? • What are the hours of training? • Who will be trained on each MUNIS application? • Who will conduct attendance? Buffalo Enterprise Planning System Implementation • WilI management be present for each session? • Who will train the end -users (MUNIS versus Functional Leaders)? 4.1.4.4 Schedule e Who will determine the exact days for training? • Who will notify staff members? • How far in advance will the training schedule be built? 4.1.5 Action Plat] The final logistics table will be placed into the following table format which will become the Action Plan 4.1.6 Measurement & Tracking BUFFALO is encouraged to create a training survey which users will complete at the conclusion of each session. If created, surveys will be reviewed by: BUFFALO PM, Tyler PM, and BUFFALO Functional header. The intent of the survey is to validate knowledge transfer and alert management to the need for additional training or new approaches desired by staff. Sample survey questions follow_ • Did you review the prerequisite materials prior to training? • Did you watch the MUNIS Navigation Video? v laid you review the Flow To documentation? o Did you understand the training scripts? • What would you change about the class? 0 28 Statement of Work Buffal Ent erprise Planning S ystem Implementation 1 4.1.7 Basic Division of Responsibilities Training Activity Project team training delivery Tyler Lead Client Assist (courses are off-the shell Technical team training gap Lead Assist identification Development of end -user training Lead Assist strategy Train- the - Trainer course Lead Assist development Train- the - Trainer delivery Lead Assist End -user training course Lead Assist development End -user training delivery (process Lead Lead training, navigation, application) Knowledge Transfer Lead Assist Decentralized (Train the trainer None Owns concept) Logistics and training administration Assist Lead 29 Statement of Work Buffalo Enterprise Planning System Implementation 4.2 Gasses 4.2.1 Sample Description of Class Planned 4.2.1.1 Tax Billing 101 4.2.1.1.1 Prerequisites • All users entered in MUNIS ID code Permission table with appropriate Tax permissions 4.2.1.1.2 Overview of MUN15O Tax Billing Module • Discussion of data flow (Master Programs Menu, Bill Processing Menu, Inquiries and Reports, Collection Processing Menu) 4.2.1.1.3 Master Record Processing • Add and Update Accounts • Add and Update Customers • Add and Update Values • Add and Update Class Codes 4.2.1.1.4 Bill Processing • Bill Parcels • Print Bills • Adjust Bills Inquires and Reporting • Inquire and Report on Accounts • Report on Tax Levy • Report on Receivables 4.2.1.1.6 Collection Processing • Adjust, Write -Off or Refund Accounts • Report on Receivables 4.2.2 Knowledge Transfer Activities MUNIS entployees will perform the following tasks: • As Is review • Product overview demonstration • In depth analysis of MUNIS options 30 Statement of Work Buffalo Enterprise Planning System Implementation • Questionnaire review This phase will involve the functional leaders. The goal of this phase is to transfer high level knowledge between parties. The output will be policies and procedures related to the use of MUNIS. The policies and procedures will determine the training agenda to be delivered to the end users. 31 Statement of Work Buffalo Enterprise Planning System Implementation 5 Project Assumptions 5.1 General Project Activities and Deliverables 5,1.1 Project Planning and Kickoff The following outlines major assumptions and activities surrounding the Project Initiation and Kickoff phase of the Project: • BUFFALO shall assign and authorize a Project Manager prior to the start of this phase. • BUFFALO Project Manager, along with the Tyler Project Manager, shall participate in the review and final revision of the project management and planning documents. • The Tyler Project Manager and BUFFALO Project Manager shall complete development of the Project Plan. BUFFALO project staff shall participate with the Tyler Project Manager in the Project Kickoff meeting to discuss the project approach and expectations. 5.1.2 Facility Requirements The following outlines major assumptions surrounding the Facility used for the Project: • BUFFALO will provide a room to be used as a training lab for Tyler staff to transfer knowledge to BUFFALO resources as well as a place for BUFFALO staff to practice what they have learned. • The room is to be set up in a classroom setting. The number of workstations in the room to be determined by BUFFALO. It is our recommendation that every person attending a scheduled session with a Tyler Implementer have their own workstation, however, we require no more than two people at a given workstation. • A workstation is to consist of a computer that has access to the MUNIS training/test database and a printer. The workstation rased by the n,dividua.1 conducting the session roust be linked to a projrx;ior so cvcryone attending the session is able to follow the infomivation being co fin) unicated. • In addition to computers and a printer, it is recommended that a phone be available in the room as well as a white board with markers and eraser. ® It is the responsibility of 13UFFALO to schedule the training room for the sessions conducted by Tyler staff. 5.1.2 System Administration The following outlines major assumptions and activities surrounding the System Administration implementation phase of the Project: • Tyler shall advise BUFFALO on MUNIS security and user setup features (e.g., MUNIS Menu Security, ID Code Permissions, User Setup, etc.). BUFFALO shall define and setup menu and end -user security options. © BUFFALO through data testing will approve the functional configuration options and setup. 32 Statement of Work Buffalo Enterprise Planning System Implementation 5.1.3 Tax Billing The following outlines major assumptions and activities surrounding the Tax Billing implementation phase of the Project: • "Tyler will assist BUFFALO in the setting and definition of Tax Billing functional configuration options (e.g., Charge Codes, Class Codes, District Codes, etc.). • The Client, with Tyler assistance, is responsible for the testing of selected configuration options. • The Client, through data testing, will approve the functional configuration options and setup. • The Client, with Tyler help, shall conduct configuration testing and approval using sample data prior to conversion data loading or verification. • Tyler will instruct BUFFALO on the needed materials /information to complete a Tax Billing conversion. • Tyler will assist BUFFALO with importing the Tax Billing converted data. • Tyler will assist BUFFALO with verifying the Tax Billing conversion data. • BUFFALO will approve the final converted data. • "Tyler will assist BUFFALO with importing and exporting data from third party vendors for such items as lockbox and billing files. 5.1.4 Delinquency Processing The following outlines major assumptions and activities surrounding the Delinquency Processing implementation phase of the Project_ • Tyler will assist BUFFALO in the setting and definition of Delinquency Processing functional configuration options (e.g., Charge Codes, etc.). • The Client, with Tyler assistance, is responsible for the testing of selected configuration options_ • The Client, through data testing, will approve the functional configuration options and setup. • The Client, with Tyler help, shall conduct configuration testing and approval using sample data prior to conversion data loading or verification. • Tyler will instruct BUFFALO on the needed materials /information to complete a Delinquency conversion. • Tyler will assist BUFFALO with importing the Delinquency converted data. • Tyler will assist BUFFALO with verifying the Delinquency conversion data. • BUFFALO will approve the final converted data. • Tyler will assist BUFFALO with importing and exporting data from third party vendors for such items as lockbox and billing files. 5.9.5 Utility Billing The following outlines major assumptions and activities surrounding the Utility Billing implementation phase of the Project: • Tyler will assist BUFFALO in the setting and definition of Utility Billing functional configuration options (e.g., Charge Codes, Service Types, etc.). • The Client, with Tyler assistance, is responsible for the testing of selected configuration options. a 33 Statement of Work Buffalo Enterprise Planning System Implementation • The Client, through data testing, will approve the functional configuration options and setup. • The Client, with Tyler help, shall conduct configuration testing and approval using sample data prior to conversion data loading or verification. • Tyler will instruct BUFFALO on the needed materials /information to complete a Utility Billing conversion. • Tyler will assist BUFFALO with importing the Utility Billing converted data. • Tyler will assist BUFFALO with verifying the Utility Billing conversion data. • BUFFALO will approve the final converted data. • Tyler will assist BUFFALO with importing and exporting data from third party vendors for such items as lockbox and billing files. 5.1.4 Tyler Forts Processing The following outlines major assumptions and activities surrounding the Tyler Forms Processing implementation phase of the Project: • Tyler will implement Tyler Forms as applicable to the Tax Billing and Utility Billing Dorms. • Tyler Project Manager coordinates Tyler Forms Development to insure Client's requirements acrd schedule are communicated in a timely manner. ® BUFFALO is responsible for responding to Tyler forms Development print solutions information requests in a comprehensive and timely manner. • BUFFALO agrees to sign -off on form designs no later than sixty (60) days before go -live. • BUFFALO will approve the print solution options selected. • Tyler will support the Client's verification and test of the delivered print solutions. • BUFFALO shall provide final approval of the Client's print solutions. • Tyler Project Manager, with the assistance of BUFFALO Project Manager, will monitor the progress of the Tyler Norms deliverables to insure compliance with the Project Plan. Any form designed for BUFFALO that is not selected from the slaodard Flzrmy will reglli-w clisfola). programming and be billable to BUFFALO. 5.1.6 Homework The following outlines major assumptions and activities surrounding the implementation of the MUNIS solution: • TyIer will communicate to Client before each session the prerequisites that must be completed prior to conducting the session. • Tyler will communicate to Client after each session the tasks that must be completed prior to Tyler personnel returning to the site. Typical homework items are as follows: a Practice on processes learned o Review any delivered documents prior to attending scheduled training session • Should the Client not be able to complete communicated prerequisites or tasks, then they are to bring it to the attention of the Tyler Project Manager immediately so that assistance can be offered or scheduling be revised. 34 Statement of Work 6 Software Functionali r 6.1 Software 6.1.1 Description of Software Buffalo Enterprise Planning, System Implementation 0 6.1.1.1 Proposed Solution Generally • Version: MUNIS 6.4, 7.2 or higher o Primary Function: Real Estate Tax Billing, Real Estate Delinquency Processing and Utility Billing ERP Management System 35 dr FROM TI-IE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS March 3, 2009 00005 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 02/26/2009 FROM: DEPARTMENT: Management Information Systems SUBJECT: X. Permission to increase contract with IBM corporation for VolP {:Phone system implementation (Contract Num. 93400111 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xxlxxlxx I hereby submit to your honrable body a reqeust to increase the contract # 93000111 in the amount of $432,929.27. This contract covers the assessment, design and deployment of new VoIP phone system for the City Hall. These additional costs will be covered by the existing efficiency grant money reserved for Phone system upgrade. The additional costs were necessitated for the speciallized work that was required for 311 Call Center. The break down of changes are as follows: IBM Change Order PCR -B -001 PCR -B -002 PCR -B -003 PCR -B -004 PCR -B -006 PCR -B -008 PCR -B -010 PCR -g -016 PCR -B -019 Purpose Assessment & Design of 311 Call Center Prioritization of 311 Implementation 311 Call Center Cabling Call Center Hardware Call Center Electrical Work UPS system for phone infrastructure Call Center Work Flow Integration Call Center outbound notification dialing On Going Call Center Support Cost $ 34,780.00 $ 242, 874.47 $ 15,955.00 $ 8,166.00 $ 2,422.00 $ 57,769.00 $ 47,387.00 $ 19,153.00 $ 4,423.00 Total $ 432,929.47 /� y SIGNATURE � i { � �� ✓ DEPARTMENT HEAD TITLE: Director, Management Information Systems REFERRED T `T F_ G0:f AiA1 T`,5-E y FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS March 3, 2009 ®00, 0 #1 'R©v 1 /93) SING I E PAGE COMMi 1NIC ATIC)N TO THE COMMON COUNCIL 0 TO: THE COMMON COUNCIL DATE: February 11, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract t: City Hall [: Masonry Restoration -- Phase 2 [: Job #0746 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT I hereby submit to Your Honorable Body the following changes for City Hail, Masonry Restoration — Phase 2, Graciano Corporation, C #93000112. 1. Provide labor, tools, equipment, mortar and anchors to Add $ 29,797.00 remove and install new limestone panels (provided by owner) at various locations throughout City Hall. The foregoing change results in a net increase in the contract of Twenty Nine Thousand Seven Hundred Ninety Seven and 00/100 Dollars ($29,797.00). Summary: Original Contract Amount $3,191,970.00 Change Order #1 Add $ 1,857.25 Change Order #2 Add $ 10,537.00 Amount of This Change Order ( #3) Add $ 29,797.00 Revised Contract Amount $3,234,161.25 Costs have been reviewed by the Consulting Architect (DiDonato Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30320506 445100 - Division of Buildings. 4f �_) 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: --- Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 11, 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. 3, to Graciano Corporation, an increase in the amount of $29,797.00, as more fully described in the above communication, for work relating to Job No. 0746, City Hall, Masonry Restoration — Phase 2, C #93000112. Funds for this project are available in 30320506 445100 - Division. of Buildings. Passed 9 TAB:rrnv tlwp6O\msword\: rmv19c3- 3a.doc *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [ MAJ - 51 * 9 * 0 [2/3 6] [3/4 -7] oao1 1 42 (Rev. 1/93) SINGLE PAGE COMMUNICA'T'ION TO THE COMMON COUNCIL I TO: THE COMMON COUNCIL DATE: February 25, 2009 V FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx, C.C.P. xx /xx /xx [; Item No. 15, C.C.P. 6 /10 /08 [: Item No. 11, C.C.P. 10/28/08 As authorized by Your Honorable Body in the aforementioned resolution 1 have issued a consultant contract for emergency bridge repair. The New York State Department of Transportation recently issued a structural flag to the Ohio Street. Lift Bridge over the Buffalo River. Subsequently, we employed our bridge consultant to prepare the necessary plans and specifications for the repair. I am now requesting your Honorable -Body approve the following increase in encumbrance for Construction and Inspection Services for this project. Original Contract Amount: $45,000.00 Construction and Inspection Services for the Ohio Street Lift Bridge $20,000.0 0 New Contract Amount. $65,000.00 Funds for this change order are available is Account 30032106 - 445100 and 31310606-445 1 00. PJM:JDB.DJP CC: Debbie Bagaroz7o Charles A. Masi TYPE DEPARTMENT HEAD NAME TYPE TITLE Engineering SUBJECT: [: Increase Encumbrance [: Contract No. 93000183 Peter J. Merlo, P.E. City Engineer Department of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD; .. _. 1 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, :Parks and Streets dated February 25, 2009, be received and filed; and 'chat the Commissioner of Public Works, Parks and Streets, be, and lie hereby is authorized to issue a change order for the emergency repair of the Ohio Street Lift Bridge, in the amount of $20,000.00. Funds fior the project are available in Account 30032106- 445.100 and 3130606-445 1 00. Passed. 10 'rAB:rinry t:Iwp60\ms +vordlrmc'1 d Dc; 3 -3 a. doc *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS * LOCUR.TO . . ....................... RIVERA RUSSELL SMITH [MAJ_ 51 9 * 0 [213 - 6 [3/4 - 7] 000 _1 2 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 24, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION. WATER SUBJECT: [: Permission to engage services of Consulting Engineer [: to Update the Hydraulic Model for the Water System 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 update the existing WaterCAD hydraulic model for the water distribution system. The existing water transmission hydraulic was developed in 1997 and needs to be updated and recalibrated given changes in pumping, availability of metered consumption data, completion of pertinent capital projects, and the proposed new high service pumping equipment at the Colonel Ward and Mass. Avenue pump stations. The costs for consulting services are estimated not to exceed $100,000.00. The funds are available in a Division of Water accounts 53023517 473020, 53200696 445100, and 53210716 445100, PJM:cmg TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissions -:r of Public Works, Parks & Streets r � SIGNATURE OF DEPARTMENT HEAD' -- --® -- 0 01 `l, 0 „ Mr, Fontana moved: 'rhat the above communication from the Commissioner of Public Works, Parks and Streets dated February 24, 2009 be received and. tiled; at - id That the Commissioner of Public Works, Parks and Streets tie, and fie hereby is authorized to hire a consultant to update the existing WaterCAD hydraulic. Funds for this project are available in Division of Water accounts 53023517 473020, 53200696 445100, and 5321071.6 445100. Passed. TA)3:rrz,v 'L wp60\msword\rmv\[ 16- 3a.doc *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL S MITH [-------- - - - - -� [ MAJ - 51 9 * Q ' [2/3 - 6] [314 - 71 irk o t #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 2, 2009 FROM. DEPARTMENT: Public Works, Parks & Streets DIVISION: ENGINEERING SUBJECT: [: Permission to engage services of Consulting Engineer [; for the Reconstruction of the MLK Park Humboldt [: Basin - Splash pad [: Masten 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 the Reconstruction of the MLK Park Humboldt Basin - Splash pad. The costs for consulting services are estimated not to exceed $235,000.00. The funds are available in Capital account 31450106 445100. 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: THE COMMITTEE ON FIIINANCE. V t l fl\ *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH ------------- [MAJ - 5] 9 0 [2/3 6] [ 3/4 7] 00014 #1 (Rev. 1/93) SIN GLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 2, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Division of Engineering SUBJECT:: Permission to Hire Consultant — Erie Basin Marina PRIOR COUNCIL REFERENCE: (IF ANY) [: I hereby request permission from your Honorable Body to authorize the Commissioner of Public Works to engage the services of a consultant engineer to prepare plans and specifications and to advertise for bids for the necessary repair work at the Erie Basin Marina. This work shall include but not be limited to the Installation of Dock Security Gates, Construction and Installation of an observation platform, repairs to rest rooms and shower rooms and various infrastructure repairs such as dock boards, concrete walk repairs, asphalt repairs, stone pier repairs and pavement marking. The last major rehabilitation of the Marina took place approximately 10 years ago. We estimate this contract not to exceed $250,000.00. Funds for this project are available in Bond Fund 30000106- 445100. The City is also applying for funding through the City by City program as administered by the Empire State Development Corporation. - �� T TEE ON HNAN PJM /SJS /CAM /DJP TYPE DEPARTMENT HEAD NAME TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo, P.E. City Engineer Cc: John Bidell Sr. Design Engineer ;r1' #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 17, 2009 00 0- 1 1 5 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Marcy Casino [: Reconstruction [: Job #0812 f: Delaware District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT I advertised for on January 22, 2009, and received the following formal sealed bids for the Marcy Casino, Reconstruction, which were publicly opened and read on February 12, 2009. Tribal Construction /Consultation LLC $415,000.00 441 Bailey Ave., Buffalo, NY 94210 R. B. Mac Construction Co., Inc. $444,000.00 6688 Lincoln Ave., Lockport, NY 94094 The Peyton Barlow Co. $449,000.00 360 Delaware, Buffalo, NY 14202 Sicoli Construction Services, Inc. $509,700.00 4800 Hyde Park Blvd., Niagara Falls, NY Hadala Construction, Inc. $540,000.00 339 Grote St., Buffalo, NY 14207 Highland Masonry & Restoration, Inc. $583,000.00 33 Ransier Dr., West Seneca, NY 14224 Wilsandra Construction Co., Inc. $640,000.00 300 Camden Dr., Buffalo, NY 14216 hereby certify that the foregoing is a true and correct statement of all bids received and that Tribal Construction /Consultation LLC, with a base bid of Four Hundred Fifteen Thousand and 001100 Dollars ($415,000.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 313`-0206 445100, Buildings. SJS /PJM /JS /DAH /dlg cc: Contract Compliance Office S. Harvey, Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Engineer 1 Signature of Department Head: I � �A� g p � �� ._ Mr. Fontana moved: That the above C011111IL1111cation froni the Coniniissioner of Public Works, Parks and Streets dated February 17, 2009, be received and filed; and That the Con7n716Si011er of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Marcy Casino, Reconstruction, to Tribal C 'o11St1`tictloll /Coiistiltatlon LLC, the lowest responsible bidder, in the amount of $41.5,000.00. Funds for the project are available in 3132020E 445100, Buildings. Passed. 12 TABk rrnv tANvp601mswm dlrm vl l 20-3a. doc *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK * * KEARNS LOCURTO * RIVERA * * * RUSSELL SMITH �-------- - -- --� [MAJ- 51 *- 9 p [ 2/3 - 6 [3/4 - 7] ,��q #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 25, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: WATER SUBJECT: (: Report of Bids j: for Water Filtration Plant Chlorination System [: Upgrades Project-Colonel Ward Complex [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) This is to advise your Honorable Body that I have advertised for and received bids on February 24, 2009 for reconstruction and upgrade of the chlorination system at water filtration plant. The following bids received: General Contractor Electrical Contractor 1- Quackenbush Co. $ 623,000.00 1- O'Connell Electric $ 115,000.00 2- J.W. Danforth $ 654,700.00 2- Ferguson Electric $ 138,000.00 3- STC Construction $ 695,490.00 3- Weydman Electric $ 158,932.00 Engineer estimate: $ 818,750.00 $ 116,250.00 I hereby certify that the lowest responsible bidders are Quackenbush Co. for general works and O'Connell Electric for electrical works. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount $ 685,300(Based Baal $ 623,000 + a 62,300 -10% unit bid increase =$ 685,300) for General Contractor and a contract award in the amount $ 126,500 (Based Baal $ 115,000 + a 11,500 - 10% unit bid increase = $ 126,500 for Electrical Contractor. The funds are available in a Division of Water account 53210726. PJM:sag TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: rv_ Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 25, 2009, be received and filed, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award contracts to the lowest responsible bidders, for the Water Filtration Plant Chlorination System Upgrades Project- Colonel Ward Complex, to Quackenbush Co. for general works and O'Connell Electric for electric works. Authorized a contract award in the amount of $685,300 (Based Bid $623,000 + a 62,300 -10% unit bid increase = $685,300) for General Contractor and a contract award in the amount of $126,500 (Based Bid $115,000 + $11,500 — 10% unit bid increase = $126,500 for Electrical Contract. Funds for the project are available in Division of Water account 53210726. Passed. 13 , rA13:nuv t:l%Yp601inswmdlnnv1 t 30-3iAoc *AYE* NO * DAVIS FONT-ANA FRANCZYK * * GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL * * * SMITH [------- - - - -- -I [MAJ- 5] [ 213 - b ] [ 314 - 71 * * * * 9 * p * 000:1.7 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL. TO THE COMMON COUNCIL: DATE: FEBRUARY 23, 2009 FROM: DEPARTMENT: PUBLIC WORKS SUBJECT: (: [:TRADE IN OF VEHICLES PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No, xxx, C.C.P. xxlxxlxx) THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER, IS REQUESTING PERMISSION TO TRADE IN THE FOLLOWING EQUIPMENT ON THE PURCHASE OF THREE (3) NEW HEAVY DUTY SERVICE TRUCKS. UPON YOUR APPROVAL THE DIVISION OF PURCHASE WILL PROCESS BY MEANS OF NEW YORK STATE CONTRACT THE PURCHASE AND TRADE OF OUR REQUEST. VEHICLES BEING TRADED ARE INOPERABLE OR HAVE BODY RUST BEYOND OUR USE. CITY ASSET NUMBER: W -85 1983 CHEVY WITH PLOW AND SALT SPREADER W -128 1988 CHEVY FLATBED W -129 1988 CHEVY 4 DOOR CREW CAB W -137 1989 CHEVY 4 DOOR CREW CAB W -138 1989 CHEVY 4 DOOR CREW CAB W -145 1992 INTERNATIONAL 4900 4 X 2 W -146 1992 INTERNATIONAL 4900 4 X 2 W -162 1994 CHEVY 4 X 4 C X C SIGNATURE DEPARTMENT -H'EAD TITLE� o MMISSIONER s Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 23, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to trade -in equipment as listed above on the purchase of three (3) new heavy duty trucks. That the purchase of these three (3) new vehicles is approved contingent on the new vehicles being designated as not authorized for take -home use, marked with the City Seal in accordance with Chapter 53 of the City Code, and concurrent with use, that the replaced. vehicles be removed from City service and disposed of by the Director of Purchase in the best interests of the City. Passed. 14 Tn$:rinv t Awp6Nnswordlrmv114 6- 3a.doe *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO .. ............................ RIVERA RUSSELL SMITH * * * (- ---- --- - - - - -] [MAJ- 5] * 9 * 0 [ 2/3 - 6 ] [3/4 - 71 POSITION ALLOCATION MAINTENANCE FORM Department/Div Start Date Original PR No. Title Code No. Salary Budget Function No. Public Works, Parks & Streets, Division of Engineering 1,91 2007-104 4310 $33,314 IMaximum) 13111001-411001 Reason for appointment (check one) M Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) Type of Appointment: ❑ From Temporary to Provisional R From Temporary to Permanent ❑ From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification Permanent ❑ Exempt VLeompetitive F1 Contingent 'D TO THE COPMIRPRT E] Provisional Non-Competitive, ❑ Temporary ON GPI- SERVICE. ❑ Seasonal Comments: Mr. Howard currently holds this position on a temporary basis at step 5 j)#j of $33,314. Mr. Howard is replacigg Joseph Lojempio who retired from this postiion on 12-31-08. Employee Information: Name Salvator Howard SS# I 'Pate Address 149 Southside, Parkway DOB city J_ Bafralo ... I_ State New York Zi Code 14226 A S i Dolor g--A'qtho I 'Pate !f1�!pinti Signature, of Director of Budget Date . Signature of Adm. Director of Civil Service Date Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget POSITION ALLOCATION MAINTENANCE FORM r• _ J Department/Division Start Date Original PR No. Title Code No. Salary Budget Function No. Water IrUeter L Lle`.,r-xanic ® V 0 .Y_ 9 I e_, Public Works, Parks & Streets, Division of Water } 2006 -135 5234 $37,717 (Maximum) ) 53043611 - 411441 Reason for appointment (check one) Z Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) TVUe of Appointme ® ❑ From Temporary to Provisional ❑ From Temporary to Permanent ® From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification ❑ Exempt ® Competitive ❑ Non - Competitive Comments Mr. Barth curreptly holds this position on a provisional basis at Ago 5 pay of $37,716. Mr. Barth is rolacing Richard Ammerman who resigned his Mrmanent Position on 7- 17 -08. Employee Information. Name Permanent ❑ Contingent Permanent ❑ Provisional ❑ Temporary ❑ Seasonal ❑ From Temporary to Provisional ❑ From Temporary to Permanent ® From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification ❑ Exempt ® Competitive ❑ Non - Competitive Comments Mr. Barth curreptly holds this position on a provisional basis at Ago 5 pay of $37,716. Mr. Barth is rolacing Richard Ammerman who resigned his Mrmanent Position on 7- 17 -08. Employee Information. Name Andrew Barth SS# -i oint u qrity Address 157 Parkview Avenue DOB City Buffalo State New York Zin Code 14220 Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget -i oint u qrity Date Si ature of Director of Bud et Date f ,y Signature of Aden. Dire or of Civil Service 7 ,' ' Date Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget POS ITI O N ALLOCATION MAINTENANCE FORM Title W ater meter Mechanic Department/Division Public Works Parks & Streets Division of Water Start Date - 1 1, ) � ci Original PR No. 2005 -151 Title Code No. 5230 1# Salary $37,717 (Maximum) Budget Function No. 53003611 - 411001 I e___ I () V Reason for appointment (check one) ® Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) Type of Appointment: ❑ From Temporary to Provisional From Temporary to Permanent ® From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification N Permanent ❑ Exempt ❑ Conting Permanent T in petitive g J'N Non - Competitive ❑ Provisional R E F E ❑ Temporary ON CIV R ❑ Seasonal Comments Mr. Marshall currently holds this position on a provisional basis at step 5 pay of $37 Mr. Marshall is rep lacing James Rusin who retired from his permanent position on 2-20 -08. Employee Information: Name Charles E. Marshall SS# Si to o A oint Address 1 104 Northampton Street DOB city S Buffalo State c' . 0 , York Zi Code 14209 Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget t Date Si to o A oint � ut � hori o k Signature o£Director of Budget Date Signature of Adm. Director of Civil Service f' Date Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget a. FROM , rFIE COMMISSIONER Of 1IRE March 3, 2009 00020 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 2124/09 FROM: DEPARTMENT: 21 -0 Fire SUBJECT: FEMA Award EMW- 2008- FO.10698 Assistance to Firefighters Grant Program (AFG) The Department of Fire is requesting approval to accept and expend the grant award from FEMA's Assistance to Firefighters Grari, Program. We applied for this grant as a means to upgrade firefighting equipment and firefighter safety. We specifically addressed our need to update our personal protective equipment. Turnout gear (bunker pants and coats) and helmets purchased through this grant will further assist us in reaching our goal. The total award from FEMA is $948,000.00. As part of the FEMA AFG Program, we are required to provide a 20% match to secure these funds_ The matching portion of the award is $989,600.00. We will use a portion of our clothing budget to assume the costs of the grant match. Michael Lombardo Commissioner of Fire ck REFERRED TO THE COMMITTEE ON FINANCE AND THE COMP'T'ROLLER q '\ IR FROM 'I'HI COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES March 3, 2009 i! To The Common Council: „ �,. �� 1 4 k i Date: February 11, 2009 U U From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject: [: Food Store License [: 332 Elmwood South (Ellicott) Prior Council Reference: (If Any) Ex. ( Item No. , C.C.P_._ �. R-FrFmcp r71 Pursuant to Chapter 191 of the City of Buffalo Ordinances, please be advised that 1 have examined the attached application for a Food Store License located at 332 Elmwood South (S Elmwood Quick Shop Inc) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. >�FUIERM�E , i°�`= THE COM MITTEE � -� ? _ ,.... 3 �. ic._, M fr.. � ,. rt e' gg Signature: fead -A [.. Department it le: DEPUTY COM ISSIONER JC :mrz t� Zizzo,Ma From: Irwin,Pat Sent: 'Thursday, January 29, 2009 6:21 AM To: Zizzo,Mary Cc: Renzoni,Debbie Subject: License Clearance Update 5 Elmwood Quick Shop 1/29109 Fri Mary, Please forward this clearance update to the appropriate person. Please clear "S Elmwood Quick Shop Inc'; outstanding bills have been paid. Thank you, Pat Irwin 9 S Elmwood Quick Shop 1.29.09.x... 02- 11 -'09 13;09 FROM - CITY" OF BUFFALO OF'PICES OF LICENSES - 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APERO REQ'(SEST AGENCY 1 DEPARTMENT: POLICE REFERRED TO: COMMISSIONER & CAPTAIN f - 71 1 roof/ 006 r '13CEN TYPE: FOOD STORE LICEN RENEWAL F"MATION V"R: 2010 RWJWIU L DATE: January 5, 2009 PST 553036 S ELMWOOD QUICK S140P INC SAHAH ALJABRI s _ oST 337 ELMWOOD SOUTH (TO BE COMPLETED BY AGENCY/DEPARTMENT MtWab TO) APPROVED DATE: "0 DISAPPROVED DATE: REMARKS oll . DIST1i.YCT CAPTAM APPROVED DATE: DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW ** REMARKS: COl4Il1� d�" ptlL�CE= ,AFTER INSPECTION PLEASE COMIPLVTIs AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REOUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: S ELMWOOD QUICK SHOP INC NEW LICENSE LICENSE TYPE: FOOD STORE 332 ELMWOOD SOUTH BUSINESS ADllRESS: BUSINESS PHONE: 228 -997 COUNCIL JOSTRICT: POLICE DISTRICT: SALAII AIJABRI APPLICANT NAME: 823 -2541 APPL, PHONE: APPLICATION NUMBER: 553036 12129/2009 REFERRAL DATE: VINCE, PLEASE DO INSPECTION. THANKS,. REMARKS: P S DISAPPROVAL REASON: (TO BE COMPLETED By AG ENCY/DEPARTMENT REFERRED TO) DATE: APPROVED DISAPPROVED DISAPPROVAL CAI,L BACK DATE: 2009 x ** EASON FOR DISAPPROVAL MUST BE STATED BELOW * R REMARKS: EXT RM# ----~ INSPECTOR ER INSPECTION PLEASE COMPL E AFT E HANK YOU- THIS REFERRAL OF THE OFFICE OF LICEN AppSlrp2.rpi CITY OF BUFFALO OFFICE OF LICENSES 3 z, 2 0 _jTy - HALL 11 r BUFFALO, NEW YORK I4202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: S ELMW001) QUICK SHOP INC LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE : COUNCIL DISTRICT: POLICE DISTRICT. APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL. DATE: REMARKS: DISAPPROVAL REASON: 332 FLMWOOD SOUTH 228 -4970 SALAiI ALIABRI 823 -254 553036 12/2912908 NO LEGAL USE NEW LICENSE 2009 (TO BE COMPLETED BY AGENCYfD PARTMENT REFERRED TO) CrAPPROVED DATE: DI DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: RM# _ EXT INSPECTOR AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS AppS![plrpt REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO LICENSES OFFiC:E: OF LI�..E SES 313 CITY HALL BUFFALO, NEW YORK 14202 V" y V INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: S ELM WOOD QUICK SHOT' INC LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE. APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 332 EL,MWOOD SOUTH 228 - 49'70 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL RACK DATE: REASON FOR DISAPPROVAL MUST BE STATED BELOW" *" REMARKS: INSPECTOR NEW LICENSE 2049 sly 1J RMH EXT e� � AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 4ppShp2 DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES OFFICE OF LICENSES 313 CITY HALL BUFFALO NY 14242 $51 -4078 DEC 2 3 2000. LICENSE APPLICATION PLEASE CHECK LICENSE CATEGORY APPLYING FOR RESTAURANT RESTAURANT TAKEOUT MEAT, FISH & POULTRY Contact Person . Sa1 ah A,abri �� • - Contact -66 Wilkes B arre AMgmA Address (No., Street) Co- Applicant Namo Co- Applicaut Address (No., Street) Lackaw (City; Towa or Village) (City, Tows or Village) New York 14218 (State) (Zip) (State) (Zip) A p p 1 i c a n t &tporatioa Naue .. S El plo o d Quick Sh Inc. Date. .Incorpo rated, 11 / 18 / 08. Business Narxtc . same.: Date oBEisiriess Cexttficate _" �usinessAddress -332 S: Elmwood... E3uffalo ..:. Now- 'York 1 42,0: (city, Town or,viliage) `. _ (State }(dip) Maiiing Address (if dift-erent than bus i6ess address} " - - - -- y -- (No., "Street)' (Cityjown oil Village) (State ) ' (Zip) Business: Plioire# 7 . 1 6 - '228 - 4970 Fax# ~ , none .yet' State Tax IDNa ber pend`i ng Sacial Security# = - -- - -- Nn. ofEmployees (Baker & Confectioner osi " Apvlicatzt Sid a#uta S a 1 a h A T j o b r i Subscribed and sworn to before' this Day, of Commissioner of De in anal for the City of Buffalo; e York ROBERT B. GCEICHFNHAIJS Notary Public, State of New York Qualified in Erie County My Commission Expires BAKERY r CONI'ECTIONE _�' CATERER !. x FOOD STORE DW November . 25 716 823 =2541 ApplicatztHonle Phwhe # .: DES RESAY7tANT . 0-200 SEA•I'S $174.00 201 -40QSEAT S25Q.OQ" RESTAt*� TAKE0 T /CA'P'ERING 88.04 . NE T mH & POTJirR'� ' (2 YR& . 8150 -00—. #00D S'I'()lil' NfPLQU - SIFS.(lq BAKEWCONFEMONER 0 -2 Y qQ 3 - 10 U05A 11-25 $157.00 26-50 53151 51200 5525.04 RST appt 00022 € k (R.tv. 1193) Sire Mlle Pa ge Communication to the Common Council To: The Common Council: Date: February 12, 2009 From: Department of Economic Development, Permit & Inspection Services .Division: I "T y p e in Upper and I— Lower Case On1x_I Office of Licenses Subject: Food Store License [: 464 Seventh (Ellicott) Prior Council Reference: (if Any) : Ext. Item No. xxx, C.C.P. xx/xx/xx : "Text ( Type Single Space3elow): Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that l have examined the attached application for a Food Store License located at 464 Seventh (My Mini Mart) and find that as to form is correct. .1 have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you dean appropriate. R FERRE:= `-0 J= COMOITTEE OLE-OWL ft Type Department Head Name: JAMES COMERFORD Tvpe Title: D "1' I'Y COMMISSIONER Signature of Department Head: 4= JCTS:jd CITY OF BUFFALO OFFICE OI; LICENSES zt ♦J lJ liY 1 Y HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCL,: FERRARACCIO APPLICATION FOR: MY MINI MART I,ICFNSE TYPE: FOOD S'T'ORE BUSINESS ADDRESS: 464 SEVENTH BUSINESS PHONE: 602 -2266 COUNCIL DISTRICT": EL POLICE DIST RIOT: 10 APPLICANT NAME: OSAMAI I All APPI,. PHONE; 837 -1280 APPLICATION NOMBER: 552997 REFERRAL BATE: 12/16/2008 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) ... Z21 APPROVED HATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW` REMARKS: INSPECTO RM# Q EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShn2.1y, CITY OF BUFFALO OFFICE OF LICENSES 312 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: OFT- OF ZONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: MY MINI MART LICENSE TYPE: MOOD STORE BUSINESS ADDRESS: 464 SEVENTH BUSINESS PHONE 602 -2266 COUNCIL DISTRICT: Ell., POLICE DISTRICT: 10 APPLICANT NAME: OSAMAH AIA APPL. PHONE: 837 -1280 APPLICATION NUMBER: 552997 REI +ERRAL. DATE 12/16/2008 REMARKS: DISAPPROVAL REASON: NEW LICENSE (TO BE COMPLETED. BY AGENCY /DEPAR'T'MENT REFERRED TO) APPROVED 4 DATE: /! DISAPPROVED DATE: DISAPPROVAL CAIA, HACK DATE: * *'°REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTO 2009 RM## EXT o AFTEIt INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOYJ. Appsrlpl.rpt CI'T'Y OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14242 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: ItIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: MY MINI MART' LICENSE TYPE: FOOD STORE. BUSINESS ADDRESS: BUSINESS PIIONF: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE.: APPLICATION NUMBER: REFERRAL DA'T'E: REMARKS: DISAPPROVAL REASON: 464 SRVI?NTH 602 -2266 (r, z�. c e I I IsL \ 10 OSAMAH ALI 837 -1280 (H) 552997 12/16/2008 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) DATE: API RTyt,D,) DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK * "REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: I , INSPECTOR °' f RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlipIrpr CITY OF BUFFALO OFFICE OF LICENSES 3 CITY H A! ;L J 131 .4J CITY -y BUFFALO, NE YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: MY MINI MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 464 SEVENTH BUSINFSS PHONE: 602 -2266 COIINCII, DIST'RIC'T': EL., POLICE DISTRICT: 10 APPLICANT NAME: 0SAMAI4 ALI APPL.. PIIONE: 837 -1280 APPLICATION NUMBER: 552997 REFERRAL DATE: 12/16/2008 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2009 CFO BE COMPLETED BY AGENCY /DF PART.MEN'T REFERRED TO) APPROVED DATE: « - DISAPPROVED DATE: DISAPPROVAL CALL RACK * *"REASON FOR DISAPPROVAL MUST BE STATED BELOW " ** REMARKS: INSPEC DATE: > RM # EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App -SUp2 rpf 01-07-'09 09 11:46 FROM If Vr DU['9 tea x OFEF"lcE ® F LICENSES 313 CEITY HALL BUFFALO, NEW YORK 14202 INSPECTIONJAPPIZOVAL RFQVEST AGENCY / DEPARTMENT= POLICE REFERRED TO: COMMISSIONER Of POLICE APPLICATION FOR: MY MIDI MART LICENS TTYPI ' FOOD STORE )BUSINESS ADDRESS: .464 SEVENrff H(fscq i..C►.5 PHONE: 602- 2266 COUNCIL DISTRICT: EL POLICE DISTRICT. 10 APr LICANT NAME; OSAMAH IDLY APPIL. PHONE: 537 -1280 APPLICATION NUMBER: 552997 RZfERRAEI ®ATIE: 171IC4008 REEMARICS: DIS"FROVAL REASON: C,U . 6 of -zj6Z (TO BE COMVLETED BY AGXWCTlDEPAltlME;NT RRFERRW TO) �pROVEEI) AA DISAPPROVED DATIC: l rVJ+Jaf VJvc. ,. %1r c lo,v. y 5P 9� NEW LICENSE 1019 ER1��,ARI�S: APPROVED DATE: lawrp -OVER . DATE: * * *REASON'FOR DISMTROVAL I'g l'ST BE STATED BELOW b *� REMARKS', C O50L OF POLICE: AI:"TER. UNSYEC PLEASE COMPLETE AND OFFICE OF LICF.NSE& T1fIANY019- 1 THIS REFERRAL TO TH CITY OIL BUFFALO OFFICE OF IACENSES 31 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REOUEST AGENCY I DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFrlCE APPLICATION FOR: MY MINI. MART" LICENSE TYPE: FOOD STORE NEW LICENSE 2409 BUSINESS ADDRESS: 464 SEVENTH BUSINESS PfIONE: 602 -2266 COUNCIL DISTRICT: E. POLICE DISTRICT: 1D APPLICANT NAME: OSAMAI4 ALI APPL. PHONE: 837 -1280 APPLICA'T'ION NUMBER: 552347 REFERRAL DATE: 12/16/2008 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPAXrMENT REFERRED TO) APPROVED t DATE: HATE:. DISAPPROVED v1,5nPPROVAL DATE: CALL RACK * *REASON FOR DISAPPROVAL MUST BE STATED BELOW" REMARKS: INSPECTOR -fie RM# - EXT �"%Y� �` 2 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Apps&p2.rpt r - f ' ' b ae l� a Tar P' - vd DEVELOPMRS� T, PER Mn & IMPECTION SERVICES F IT LYh.6?11V 1i ms's 8lw �a.. -.w. -� OFFICE OF LICENSES - i 313 CITY HALL �° BUFFALO DTI' 14207, 851-401$ LICENSE AP PUCATION „m PLEASE CHECK LICENSE CATEGORY APPLYING FOR y3 Y CONFECTIONER RESTAURANT BAKERY RESTAURANT TAKEOUT — CATERE `} OOD STORE t NTE_ AT, DISH & POULTRY. Date 20 O T -'� � � __ Home Phone # Applicant Nazne r — Applicant Address J E J—b . (No., Street) (Cjty, Town or Village) (State) (Zip} Co- A.pphmt Name _ Ca- Applicant Address - (Nei,, Street) (Citq, town or Village) (State) (zip) Corporation Name - Date Incarporatecl - - . 4�� - - T7ate of Ccrtaficate�� F3usit►ess.Name f �' - -� I t Business Address, (tats) (N v., Street) (City, Town ar.Vjllagc) M Address (if different than business address) (NQ.,kreet) (City, I awn or VilIagej (Stag }' (Zip) Business phone #,_.:_....::,— pax State Tax TD Number - Social Security #� T ak(er. & (:onfectioner onl y ` No, of . - _ / Ap�licant•Sigtlaturr: - ed ands draz to b�efa me this J _�., . of 2Qi_ M: RES''AURANT . Q- QO SEA I S �17d.a4 ` 201400 SFk 401.+ $325 <44 ",3TAfJRAI�t TAKEOMICA'I['Eit N(;� °� BQ .3 ' ri1EAT,RLSH '(2YItS_). s. f ° 5115,E<Q ) e..,,� OOI1 S tflRE 0 Q 'KM ONEEt TI03�ER 6v2 IP1L(SYE Q BA 3 -za $1a5.4Q 71125 JAMES D. JEZIOR( . 16 -50 #4772874 RST appi Notary Public, State of New York � t Qualified in Erie County My commission expires SEPTEMBER 30th, 6 � ) Mr. Fontana nloved: That the move communication from the Department of Economic Development, Permit and Inspections Services dated February 12, 2009, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services he, and he hereby is authorized to grant a Food Store License to Osamah Ali, located at 464 Seventh, d /b /a My Mini Mart. Passed 19 TAB:rmv T:\wp60lmswt)rd\rm6I W3- 3a.doc 1 `AYE* NO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH ---- ---- - - - -- [MAJ- 51 * g * 0 [ 2/3 - 6 [3/4 - 7] o00 /2 3 #I (Rev. 1/93) Simi Pic Communication to the Compton Council 17' "I'o: The Common Council: Date: February 20, 2009 From: Department: Economic Deve lopment and Permit Curd . lnspection S c „r Division: economic. Develmmen m)d IPermit_and _Inspection Services Subject: [J.Ciolornbek -k3 tlarishr ['ax h;xemption Status for 1606 Konmore ( Tyne in U 1�per and [: L Lower Case Only — 1 f Prior Council Reference: (If Any) [: Ext. (Item N 27, C.C.P. 2/17/2009 Text ( :Type Sint;l e_4l?acc B I would like to inform your Honorable Body that the Department of Feonontic Development. Permit and Inspection Services has issued Certificate Occupancy Number 3430 on Deccmber 2, 2008. This doe €intent certifies compliance with all applicable Building and Zoning Code requirements. The creation or application for this area to become an "Finpire Zone is better addressed by the Department of Strategic Planning. It is my sincere hope that this response satisfies your inquiry. F ' 3 ..��ERRED ` , .T H COMMITTEE ON LEGeWLATON, �e Department Head Name: Jam es W Com erto rd .Ir. Tyoc Title DEPU COM Signatr treofDepartment Head: .. - . -___ -- ... I CiiirJ 7 G - 81 7 6-602 Jonuary 27, 2009 Nlr, Joseph Golornbek Council mbn1ber Room 1 b'0.2 City f-jall 65 Niagara Sqtl. !� Buffaics i -jew York 14202 re 1606 Kenmore, Buffalo, Netrf York 14216 SBL:78.37 -2 -1.1 Bill #06439650 Dear Nlr, Golombet(: I am following up on a conversation I had with you recently regarding a tax exemption Pursuant to New York State Real Property Tax Law appilicable to the economic empire zoncl. I count on the city of Buffalo to provide at least a ten year real estate tax exemption for the business to operate and provide new jobs for the area people. 1606 Kenmore Avenue is anew stag; of the art veterinary medicine and surgical facility. This construction is done in what is believed to be the economic zone of Buffalo. To nay surprise, I learned from Maria Garozzo- -Payne of the Department of Taxation in the Department of Taxation and Assesments the Elmwood and Kenmore Avenue) area are not included in the economic empire zone. Improvement of the business in this Garen are not allowed to got any help from the city. This new facility as it grows will ernploy over 25 -30 new personnel. Therefore, this will help to gonerate new employment opportunities and increase the tax base, l have invested time, money, and effort to remain in Buffalo to make this happen. I have invested over 2 million dollars in loans and equiprnont for this state of [tae art brand new structure. 1 1001( forward to your help in upgrading Moth 16506 Konrnore Avenue and 2235 Elmwood Avenue to the economic. empire zone. I aria planning to rneet with Mayor Brown concerning this matter gas well. If need to provide any more information, please feel free to call me at 116 -870 -6023. Sincr<rGly, %� j �� Granon I Parish D.V.N]. MVSc,CVGP l 0 460 11 0marw t ..,un I CITY OF BUFFALO Council Staff Chief of Staff James S. Pajak o Senior Legislative Assistant IV Kevin Linder Senior Legislative Assistants Marite Bellfield Brian C. Bray Mark J. Jaskula William Licata Karen D. Privateer Jacqueline E. Rushton Legislative Aide James N. Jackson 65 Niagara Square, Room 1413 Buffalo, New York 14202 -3318 Phone: (716) 851 -5105 Fax: (716) 851 -4234 February 18, 2009 James Comerford, Deputy Commissioner Economic Development, Permits & Inspections 324 City llall Buffalo NY 14202 Bear Commissioner. At the Conin Council Meeting held on 'Riesday, Fcbruary 17, 2009, the following item Was referred to the Committee on Legislation and your departn for a response: "J. Golornbek -G. I larish -Tax EIxemption Status for 1606 Kenmore (#127 C.C.P. Feb. 17, 2004) Please review the enclosed item and file and address your comments and/or recommendations with the Common Council, 1308 City l:Ial.l, brr 2:00 flan. TliursdaV, February 26 2009. ff you have any gtiestions or need further information, please contact me at 851 -5109. Your assistance i5 greatly appreciated. Sincerely, Mark Jaski la Sr. f,egislative Assistant CC: Brian Reilly, Commissioner F;nclosurc 000 #1 (Rev. '1/93) - communication to the Common CoMIcil To: The Common Council: Date: February 19, 2009 From: Department: Ike a tmeazt of F.,c Develo & Inspecti Sc tute Division: Office_ of Lice Prior Council Reference: (If Any) Fxt. (Item Nca_ xxx, C.C x.x /x.x /xx): Subject: Restaurant Dance Class .III 110 Pearl St (Ellicott) Pursuant to Chapter I50 of the City of Buffalo Ordinance pleas& advised that I have examined the attached application for a .Restaurant Dance Class III License located at 110 Pearl St ai��d:fa : gat as to form is correct. I have caused an investigation into the premises for which said application for a Restaur knee Class III 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 Sean Donaher. The attached thereto for Sean Donaher d /b /a Big Orbit's Sound Lab. This request is submitted for your approval or whatever action you deem appropriate. � COMMITTEE IP ION Tyl)e Department Head Narne Typ Titic: Stnature of Department Head: JC:mrz L LsS WWI )RD, DlFPUTY COM.M.ISSIONt R R �0 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGFRALD APPLICATION FOR: BIG ORBIT'S SOUND LAB, INC. LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT. POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: 110 PE?ARL. ST (716) 440 -5907 BL 03 SEAN DONA,HE:R (716) 560 -1968 551364 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCYADEPARTMENT REFERRED TO) APPROVED D19APPROVED DISAPPROVAL CALL BACK DATE: -2 DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: ZA ti-- 4 , _ C rt �� 1 C � INSPECTOR RM # EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. �41 C� 1 j AppSlip2. rpl CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALT. BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZK.ALSKI APPLICATION FOR: BIG ORBIT'S SOUND LAB, INC. LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PIIONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA F- REMARKS: DISAPPROVAL REASON: 110 PEARL ST (X6)440-5907 Ell 03 SEAN DONAHER (716 )560 -1968 551364 NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPII OVA DATE: Djo DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OT LICENSES. THANK YOU. AppSH132,rpr CITY OF BUFFALO OFFICE OF LICENSES 111 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: BIG ORBIT'S SOUND LAB, INC. LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 110 PEARL S1' (716) 440 -5907 EL 03 SEAN DONAIIER (716)560 -1968 551364 e } NEW LICENSE (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DAT d DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE S'T'ATED BELOW * ** REMARKS: � `. V' INSPECTOR RM## 2009 EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OF OF LICENSES. THANK YOU. AppSlip2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 i .T Y' I1t1LI., I 0 BUFFALO, NEW YORK 14242 �` INSPECTION/APPROVAL REOUE ST AGENCY I DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: BIG ORBIT'S SOUND LAB, INC. BAD CHECK LICENSE TYPE: RESTAURANT/DANCE NEW LICENSE 2009 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PIIONE: APPLICATION NUMBER: REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: 11 PEARL ST (716) 440 -5907 EL 03 SEAN DONAFIE (716) 560 -196€3 551364 ('1 "O BE COMPLETED BY AGENCYIDE;PARTMENT REFERRED TO) APPROVED DATE: q _ DISAPPROVED DATE: 1� REMARKS: DISTRICT CAPTAIN: - - -- APPROVED DATE:�� DISAPPROVED DATE: kxREASON FOR DISAPPROVAL MUST BE STATED BELOW REMARKS: COMM. OF POLICE: t�� ° - AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AF?p3hp2.rpf I'll pE it -A!L! T 0 Buffalo PolzGe Department Identification Section 74 Franklin Street Buffalo, New York 14202 AppLICATIQIY gELEA,SE FORM'. . DO NOT send cash There is a $10-09 fee to process this data. By snail, Payment �MUST be h�Checks are notacoepted. Mane money tlu'augh the mail. In person, payment can be made by money orders payable to the Buffalo Police Department. Be sure to include a stamped, self - addressed envelope so that this informatiQZ� can be mai y ou. . Complete aff the Cammissian of information listed below and have your identifiication. and signature verified by a Notary 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 /MAIDEN NAME NAW OF APPLICANT �.A l,�t SEX I'I� �_ _ _ RACE_ - CtTR�tE1V'I`AUDRFSS: DATE OF BIRTH: SOc v - 1 - 1, SECtIRITX #: f - = r a REASON FOR REQUEST: SIGNATURE OF APPLICANT / r DATE State of New York ) County of Erie } SS' City' .o Huffato before me, personalty on the � � j� day of U- a eared to we known to be the same person described in, and pp who executed the foregoing instrument and acAnowledged the executaari thereof Notary Public /Commissioner of Deeds COMPLETED B IDENTtF"ICATI4N SECTjON ]PERSONNEL-- .. ........................• .. ....... :...... ... -TO BE COMP RECORD ATTACHED VERIFIED B 3� NO REGO1tD ON PILE PATE VER II D NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRSNT IDEN "I "1FICATION. DO NOT 1�TAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID tTNTIL STAIviPED_ I)EPART1 EI NT OE ECONOAtTC DEVELOI'1V FNT, PERMIT' & I�I;�P CTION SERVICES OFFICE OF JACENSES 313 CTt' :FIA1Cll,�tf f BUFFALO ICY 14282 851 -4078 pLFAsF, e1wW KIACENSE CATEGORY APPLYING YOR ARCADI — EILLIAitD PARLOR NOWLiNCY ALLEY - _CERTIFICATE OF tt1SPECTION M[3SIC (LIVE NO DANCING) - COIN (;ONTR0LLEI) 00 W DANC -MC, MIJSIC (MECHANICAL) AMUSEMIfiIT DFVICE NEWSTAND - - PUBLIC DANCE IMLL . NEST `I' DDANCE __ ___SKATING RINK APPLICANT N�Vv1L? _ -- APPLICANT PHONE el 01 APPLICANT ADD"S,S p (No., Street) (City, Towu, Village) (State) (Zip Code ) CO- APPLICANT NAME CO- APPLICANT PRONE 4 (No., street)' � (City, Town, Village) { ) COxI'oR TION NAME ft c6 � C aY . 9 - -DATF INCC�1 BUSINFSS BusW)3SS ADDM- S v - s BUSINESS PHONE #- STATE TAX I # °' Z (ms APPLICANT MOB _PLACE OF BIRM cTs CITI EN s) (Na) CO- APPLICANT D /O/13_- ,.._.._.. PLACE OF BIRTH - ^._�._ us CI'T'IZEN —(YES) (NO) NO. OF AMUSEMENT MACIM4ES sworn O M to before me this Day of 0 t Cornzn s over of e ds kn or Tito City of13ufl`al'd; T & A. Ii A PPLICA NO,OFW3 LIARD TABLES_ NO. OIL BOAG ALLEYS 1 FEES. ARCADE: $4715 FA. GAME COIN- CONTRIOLLED AjqTJSE, AMUSE,MENT BEVI.CE: $47.25 EA. GAM NEWS`I'AND: $61010 OILEAI;A PAW OR: $31.50 PFR T XLE GAO GO DANCING=: $131.25 PUBLIC DANCE HAIL. BASED DID[ SQ. FT. BOWING ALLEY, $31.50 PER AL " LEY MUSIC (MECHAN1C.AL): $5250 MUSIC (LWE NO DANCING)` $52.5 {1 REST kC1ItAi`lT DANCE: &2 CLASS 3 (LIVID 1Y,[U8 Ou ) $210.00 CLASS 4 (MECHANIC CEWFIFiCATE OF INspFCTION:. $56.00 sxATfNG RINK: $210.00 ARC ETC. Wt 0002 ##1 (Rev. 1/93) Single Page Communication to the Common Council � To: The Common Council: Date: February 25, 2009 From: Department of Economic Development, Permit & Inspection Services Division: - Office of Licenses Subject: [: Used Car Dealer [: 236 Paderewski (Fillmore) Type in Upper and [: Lower Case Only [: Prior Council Reference: (if Any) : Ext. ( Item No. xxx, C.C.1 x .x/xx /xx Text ( Type Single . Space Below Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 236 Paderewski and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, 1 find it complies with all. regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Dak Skulski. The attached thereto for Dak Skulski dba/ Skulski Motors. This request is submitted for your approval or whatever action you deem appropriate. COMMITME L F`F'LAT�,OK )Te Department Mead Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER Signature of Department head: F } JC :PS:jad Interdepartmental Memo Date: February 25, 2009 To: James Comerford, Deputy Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Used Car Dealer at 236 Paderewski. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Used Car Dealer application to the Common Council: d Zoning Office d l ire Prevention E Building Inspection Police Department Police Record Check Application Date P -147C (REV. 3196) V APPLICATION RELEASE FORM s y✓ Buffalo Police Department —v < Identification Section 74 Franklin Street Buffalo, New Fork 14202 v `— Z7" There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the snail. In person, payment can be made by money order or cash. Checks are not accepted_ Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self- addressed envelope so that this information can be mailed to you. Complete all the info"rtnation 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 IJ� S j /MAIDEN NAME SEX RACE W T CURRENT ADDRESS: S °'— - 7 c —e' DATE OF BIRTH. SOCIAL SECURITY # REASON FOR REQUEST to me. known. to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof. PT blic / CommissicWr of Deeds ` TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL` RECORID ATTACHED VERIFIED BY:� _ NO RECORD ON FILE DATE VERIFIED Z NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 HAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED STATE OF NEW YORK ) � COUNTY OF ERIE ) SS• CITY OF BUFFALO )� On the day of — ._ __.,,._., , before me personally appeared BUFFALO POLICE DEPARTMENT CRIMINAL BACKGROUND REPOWl' I NIQUIRY. ,,� r •, ;. NOTE THE ONLY. ARRESTS BYIAGENC CRIMINAL OUTSIDE CITY I �OF BUFFALO B UFFALO RE NOT INCLUDED IN THIS 5 REPORT. I 5 NAME: SKULSKI, DAK V ADDRESS: , SOCIAL SECURITY #: BOOKING /ALIAS NAMES: SKULSKI, DAK V WARRANT /WANT INQUIRY REFER TO DATE OF BIRT PCN: RACE.: SEX: WARRANT IL THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND /OR FEDERAL RECORD DATA FILES. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. ARREST DATE REFERENCING AGENCY CHARGE DISPOSITION 06116/2003 BUFFALO POLICE DEPARTMENT PL 165.05 01 REFER TO: BUFFALO POLICE DEPARTMENT 01 lan qF REFER TO: BUFFALO POLICE DEPARTMENT NYSID: NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SIIOtJI.D BE MADE. PAGE 1 3 BUFFALO CITY COURT OF ERIE COUNTY �`• NUMBER: 98054 THE PEOPLE OF THE STATE OF NEW YORK VS SKULSKI,DAK V DEFENDANT 91 JERGE DRIVE ADDRESS ELMA NY 14059 CITY STATE ZIP DOCKET NUMBER: 2003ER010174F DATE OF BIRTH 001236063N NYSID NUMBER 06/16/2003 DATE OF ARREST /ISSUE SUMMONS NO: 145.10 140.35 145.00 165.45 ARRAIGNMENT CHARGES CASE DISPOSITION INFORMATION: DATE COURT ACTION JUDGE PART 07/24/2003 PGSI =IY - -- GIVENS,D 3A, PG 240.20 PG 240.20 08/24/2003 EXS /$60 SURCH /COLLECT CIVIL GIVENS,D CASHIER -3 I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS COURT. 12/08/2008 - -- p -- _- �___ --- FEE: 5.00 COURT OFFICIAL SIGNATURE AND SEAL DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL.) CITY OF BUFFALO OFFICI? OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: I;.C'. I'OCZKAI,SKI APPLICATION FOR: SKUI,SKI MOTORS LICENSE TYPE- USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLIC::E DISTRICT: APPLICANT NAME: APPL. I'1-CONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 236 PADER[:WSKI (716) 852 -5858 I.- I 08 DAK SKLJI..,SKI. (7l 6) 893 -1 230 552965 12/1 J/2008 CAI-1. DEB (y) 444 -1788 FOR AN'T. NEW LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED _ APPROVED DISAPPROVED DISAPPROVAL CALI. BACK DATE: DATE: DATE: x" *REASON FOR DISAPPROVAL MUST BE STATED BELOW* *-k REMARKS: INSPECTOR RM4 - I+ xT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. ApjAlip2.rpr CITY OF BUFFALO OFFICE; OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: POI. CE: REFERRED TO: COMMISSIONI "M OF POLICE APPLICATION FOR: SKUL,SK�I MO'I'OIZ.S LICENSE TYPE: USED CAR DEALEIR BUSINESS ADDRESS: BUSINESS PIIONE: COUNCIL rviSl'RIC` ' POLICE DIS'T'RICT: APPLICANT NAME APPL. PIIONE: APPLICATION NUMBER: REFERRAL DA'Z'E: REMARKS: DISAPI'ROVA L REASON: 236 PADJ IR WSKI (716) 852-5858 F i 08 DAK SKULSKI (716) 893 -1230 552965 12/1112008 CALL DEB (11,) 444 - 1788 FOR APPT. `I'() 7Iy f OMPLE`I'E:D BY A(,I?.NCYII)LPAR'I'MEN't' :IiEF'F:RRED TO) APPROVED DATE:! S` r - DISAPPROVEI} REMARKS: DISTRICT C) APPROVED DISAPPROVED DA'Z'E: DATE: NEW LICENSE 2009 'REASON FOR DISAPPROVAL MUST BJBI STATED REMARKS: COMM. OF POLICE: W *xx Deputy Commissioner AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICI+, OF LICENSES. THANK YOU. AppShp2.rp1 DATE: CITY OF BUFFALO OFFICE OF LICENSES 11 C ITY HALL BUFFALO, NEW YORK 142€12 INSPEC'['IONIAPPROVAL REQUEST AGENCY 1 DEPARTMENT: I IOUSING PROPERTY INS REFERRED TO: KEVIN FITZG.ERALD APPLICATION FOR: SKULSKI MOTORS LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PIIONE: COUNCIL DISTRICT: POLICE. D [STRICT: APPLIC'AN'T' NAME: APPL. PRONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS. llISAPPROVAL REASON: NFW LICENSE 2009 236 PAD REWSKI (716) 852 -5858 08 DAK SKIJLSKI (716) 893 -1230 552965 12/11/2008 CALI, DED @ 444 - 1788 FOR APPT- (TO BE COMPLETED BY AGEN(YII)GT'AR'I'MEN'I' RIi',.IsERRED TO) MAX. NO.OF VEHICLES ALLOWED API'I20VEI) ,' DATE: Sf��I' iiovE1) DISAPPROVAL C'AIA, BACK DATE: ***REAS(.)N FOR DISAPPROVAL MUST BE STATED BELOW*"` REMARKS: INSPECTOR 'rte J RM# T ry _ i, %T Y-Z zr r AFTER INSPECTION PLEASE COMPLETE AND RE'T'URN THIS REFERRAL OF THE OFFICE OF LICENSES. "['HANK YOU. AF,pSltp2.rpf CITY OF BUFFALO OFFICE OF LICENSES 313 CITY IIALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: O[ T. OF ZONING & UST? REFERRED TO: KEVIN FJTZ(jI RAI J) APPLICATION FOR: SKUI,SKI MOTORS LICENSE TYPE: USED CAR T)EAL1;R BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPI.,. PHONE: APPLICA"T"ION NUMBER: REFERRAL , DATE: REMARKS: DISAPPROVAL REASON; NEW LICENSE 2009 236 PA.1)EREWSKI (716) 852 -5858 F I 68 1)AK SKIN-SKI (716) 893-1230 552965 12/11/2008 CALL DE13 (a) 444 FOR APPS['. (TO BE COMPLETED BY A(;EN('_'YII)EPARTl, LtEI+.EltRED'I-O) MAX. NO.OF VEHICLES ALLOWED APPROVED 1 �4) 1 SA:I'I -I:kO I;D DISAPPROVAL CALL BACK DACE ° �� ; DATE DATE* **IRE ASON FOR DISAPPROVAL MUST BE STATED BELOW" REMARKS: INSPECTOR f 1 f. AFTER INSPECTION .PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 00L-APPLN ,DOC OFFICE OF LICENSE 319 CITYHA.LL BUFFALO NEW YOU 14202 tlJL -4Uio LICENSE APPLICA'T'ION APPLICATION MUST TIE COMPLVrED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS (PIXASE CIIEC'K LICFNSE CATEGORY APPLYING FOR) USED CAR DEALER �SECONDiUND DIALER CAR AGE SALE -_– _WHOLESALE J UNK — SCRAP PROCESSOR — _PAWNBROKER FLEA MARKET (NO, OF VENDORS__) �j Wf -- C, t , /A DATE. 1 T L APPLICANTNAr4E _( �/ U S _APPLICANT HOME PHONE # &I . 93 1,)-3o APPLICANTi)ARFSS V IL (NC).,. ItI L T1 (caTYfloWN I)R Vtc,.LACr:) (STAT (2:11') CO- APPLICANT HOME PHONE # CO- APPLICANT ADDRESS.. - ([+tp, STREET) (CITY, TOWN OR VILLACR)� (STATE) ('LIP) CORPORATION NAME BATR INCORPORATED_____._ BUSINESS NAME ✓ /` v C(�v J BEJSTM?SSADDRF4S__ 71,e � BUSINF 55 PIIONE ll � � S Y N JFA X# APPLICANT HOME PHONE 7L C 3Cz (I/ 0I CA * t \ le (� v/ tA ) �I/ P( � Y STATE TAX TB NUM 3E ._I ----- _- .. (! DATE OF BIItT _ ACE OF B1RTII__B_fi7� - -_-- ..____ ._.ARE YOU A U.S. CITIZFN� HAVE YOU EVER BEEN CONVICTED OF A CRIME? „ IF, SO STATE WIIIIN, WHERE, NATURE OF OFFENSE AND DISPOSITION_ LIST PRINCIPAL OFFICERS OF CORPORATION (IF APPLICABLE) (NAME) (NANIF) - - ---- (ADRRSS) (NAhIE) (AI?tlkt�SS) (NAME) (ADDRFSS) (A]YDRESS) (N'kmE) ('AmwEss) (PAWNBROKER ONLY) GIVE SCHEDULE OF RATES PROPOSED TO BE CHARGED. - -_.__ Applicant Signature Subscribed and sworn !( Rio" me this Day of (t°rI sue,_. za_ (j (Commission Uf De s ili and for the City of Buffalo, New York NON REFUNDABLE APPLICATION FEE _? '-�Yl y 0 q'o FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS March 3, 2009 I a(3 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL.. TO: THE COMMON COUNCIL: DATE. 02/13/2009 FROM: DEPARTMENT: Administration, Finance, Policy & Urban Affairs SUBJECT: [:2nd Quarter Gap PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, G.C.P. xx/xx/xx Under this cover please find the City's General Fund, Board of Education and BURA's Gap Report for the 2" d Quarter of Fiscal 2008- 09.The report projects a positive end of year for the City General Fund of $2.51 million. Reveunues are projected to be $6.25 million over budget, primarily due to an increase in PILOTs (Payment in Lieu of Taxes), an increased appropriation of AIM money for demolitions and resolution of the Seneca Casino Security contract. On the expense side, most departments are projected to be under budget other than Permits, Police and Fire. Permits & Inspections is over budget due to the increased appropriation of $3.21 million for demolitions. The Police Department is projected to be over budget due to an increased amount of overtime. The vacancies in this department help to offset the high cost of overtime. Fire is continuing to project higher than budget in their overtime line. The Fire Department is anticipating a new class in the spring that will help till the minimum manning requirements early next summer. Due to the cold winter and snow, Public Works is projecting an additional $300,000 in salt purchases. The City continues to project conservatively due to local economic and New York State fiscal concerns. R F FREW it u r COMMIT ON FINA E, SIGNATURE cry s 6 � DEPARTMENT HEAD TITLE : Director of Budget, Administration & Finance r FROM THE BUFFALO URBAN RENEWAL AGENCY 0001 vj { #2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: FROM: DEPARTMENT: DIVISION: SUBJECT: PRIOR COUNCIL REFERENCE DATE: February 26, 2009 BUFFALO URBAN RENEWAL AGENCY Real Estate Approval to Transfer Five (5) Homes in Sycamore Village Subdivision The Sycamore Village Subdivision is a pedestrian friendly, park -like community which, when completed, will consist of twenty -four (24) new homes — twenty (20) market rate and four (4) affordable homes. The subdivision is located in the block bounded by Sycamore Street, Jefferson Avenue, Matthews Street and Mortimer Street and is currently owned by the City of Buffalo Urban Renewal Agency (hereinafter referred to as "Agency "). The entire site consists of approximately 3.86 acres. Road and infrastructure work at the site is substantially complete with punch list items to be completed during Spring construction. Phase I consists of ten (10) homes of which nine (9) are completed and one (1) house is left to be built. Phase 11 consists of nine (9) homes of which six (6) are completed and three (3) homes are left to be built. Phase III will consist of five (5) homes. The Agency has negotiated the sale of five (5) homes. Below is a list of the potential homebuyers, property addresses and proposed sale price. The Agency is requesting the Common Council approve the transfer of the following sublots located in Sycamore Village Subdivision to the following individuals at the stated minimum purchase prices: NAME SUB LOTS MINIMUM SALES PRICE Walter Hargrove HOME Unit Lot 1, 375 Sycamore St $150,000.00 Danielle McCarley HOME Unit Lot 5, 407 Sycamore St $150,000.00 Linda D. Thomas Lot 9, 427 S dni Lane $200,000.00 Adrian & Sharon Jones Lot 15, 25 S dni Lane $200,000.00 Valerie Har e & Dwain M. James Lot 16, 31 S dni Lane $200,000.00 Fes; c FORM #2 — Page 2 TEXT CONTINUATION RE: Sycamore Village Subdivision February 26, 2009 Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body 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 approving proposed transfer After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land. REFERRED TO THE COMMITTEE ON SIGNATURE OF DEPARTMENT HEAD_ ) DEPARTMENT HEAD NAME: TITLE Carla A. Kosmerl Director of Administration and Finance — Office of Strategic Planning E ERRED TO THE C MMI - FrE . COMMUNITY VELOP Or ' r:. FROM TI IE CITY CLERK March 3, 2009 00028 ;. No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 25 Letchworth State side Bar 84 Reiman Roof Tops Bar 39 Free o Tuscon Inn 30 Miss.ssippi St Benchwarmers 318 Pearl St RECEIVED AND FILED March 3, 2009 Thomas Redmond LLC and Grill Tiffany Zirpola Roy Schukraft Quinn O'brien Betioko Holdings Inc 54crndurdd Aze ORIGINAL, APP1 ATION NOTICE FORM jorProvtdinga �;.. 30 -Ilan Advance Nonce rn n I aces Munici alit r .ommunit Bo rd A licant's Ori y inal ' First On-Premises Alcoholic Anera a Lie nse Application for the Establishment Identified in this Notice (Passe i of 2l 1. Date the Original copy of this Notice was Mailed to the Locos Mutlicipatity or Community Board: 2 0 THIS 30 -DAY ADVANCE .NOTICE IS BEING MAILED TO THE CLERIC OF THE ffA % P KrATE OF NEW YORK ,Af EXECUTIVE DEPARTMENT . DIVIF IONDFALCDICOLICBEVERAGECONTROI ..,, SPATE LIQUOR AUTHORITY 54crndurdd Aze ORIGINAL, APP1 ATION NOTICE FORM jorProvtdinga �;.. 30 -Ilan Advance Nonce rn n I aces Munici alit r .ommunit Bo rd A licant's Ori y inal ' First On-Premises Alcoholic Anera a Lie nse Application for the Establishment Identified in this Notice (Passe i of 2l 1. Date the Original copy of this Notice was Mailed to the Locos Mutlicipatity or Community Board: 2 0 THIS 30 -DAY ADVANCE .NOTICE IS BEING MAILED TO THE CLERIC OF THE FOLLOWING LOCAL MUNICIPALITY OR COMMUNITY BOARD 2. Name of the. Local Municipality or Community Board: 3. Street Address of Local Municipality or Community Board: p of ' f 4 4. City, Town, or Village: �� a NY Zip Code: 2_+i Z 5. Telephone Number of Clerk of Local Municipality or Community Board: » ATTORNEY REPRESENTING THE APPLICANT IN CONNECTION WITH THE APPLICANT L O MISES ALCOHOLIC BEVERAGE LICENSE APPLICATION FOR THE ESTABLISHMENT IDENTIFIED IN THIS NOT 6, _AlEertTey's Full Name is: 7. 4LUuuWs, Street Address: R. City, 'rows, or village: G 4 Al Zip Code:/ Z j 9. Business Te.tephone Number of Attorney: }} f THE APPLICANT WILL FILE AN ORIGINAL (FIRST) APPLICATION FOR AN ON- PREMISES ALCOHOLIC BEVERAGE LICENSE IN ORDER TO CONDUCT - WITHIN THE IDENTIFIED ESTABLISHMENT -THE TYPE OF BUSINESS DESCRIBED BELOW 10. Tyype{s) of Alcohol to be. sold wider the License ( "X" one _ Beer only Wine and Beer Only ALL, Wine, and Beer 11. Extent of Food Service: ❑ Restaurant (Sale of Food ❑ Tavern - Restaurant (A mixed -use establishment that kx ] Tavern / Cocktail Lounge / Adult Venue I Primarily; Full Food Menu; has both a sit -down dining area and a 'stand bar Bar (Alcohol sales primarily - meets legal ( ^X" one Kitchen run by Chef) where patrons may receive direct deliveries of alcobul) rnhiimurn food availability requirements) 12. Type of l} � Ilotel [I Live Disk Juke [] patron Dancing Cabaret, Night Chub, Discotheque Capacity for 600 [ L�l l } � j Scale lance Club} or more patrons Establishment; Mueic t — V j� Jockey Box {Small Scale) (3 arge ( °X" atl Club (e.g. Golf / F-1 Bed & F-1 Catering ❑ Stage F-1 Topless ❑ Other Fraternal Org.) Breakfast Facility Shows Entertainment (specify): that apply) 13. Proposed Outdoor Area: , I�[ #, � Patio Freestanding Garden / ❑ Other V +None ❑ Rooftop ❑ ar Ueck ❑ Covered Structure ❑ Grounds (Specif Proposed Days and Ifours Operation: Monday � : Of j A..7,,,/ ""V' Toe a PM ne � - -- �M Thuredas_ � ; Dp AM Prides � 0� AM� �Satt a !7 I� QAA f� Sunda -42 A 14. of (Complete all; cir cle AM or PM) TO - - -..�_....... 'M ...... A. PeN - - -- -' -- :,_,.__ AM PM _ ._..- °--... 0'M 7O - -`. ®® 'M �p y - / . -. - - 15. _ Will the proposed License Holder or a R4anager Ale lrhysicrtlly present within Chc establi-,hroent during All Hours of flperatiort? NO 16. Application Serial Number. Q - The Applicant's Fall Name, as it appears in the application / /'-r� 17. for the On- Premises Alcoho Beverage l Leense, is: 18 'rhe Furl Name of the proposed licensed Establishment (the Trade Name tinder which the proposed Licensed Establishment will conduct busin is: �� / l / The proposed Licensed Establishment is located within �� 19. e following street address. the building which has tire J G f GC/ C 20. City, Town, or Village: 6/ — C 0 NY Zip code: f Z/ 21. The proposed Licensed Establishment will be loeaLed on the following floor(a) of the building at the above address; ,& rjr 22. Within the building at the above address, the proposed Licensed Establishment, will be located within the room(s) nunThcred as follows: 9 7 23. Husiness'relephone Number of the Applicant: Does the Applicant own the building in If °YES, SKIP items No. 25 -28. SWER items No. 25 -28. 24, which the proposet Licensed Go to Item No. 29, tinue to Item No. 29, = E] V TSSG'3bG5h IYll',IlI toil] be laoated? { w t?h �`S and IXnnpk^.Te the ronTt.omplete the Form. OWNER 01' THE BUILDING IN WIIICH THE PROPOSED LICENSER ESTABLISHMENT WILL BE LOCATED 25. Building Owner's ]sill Name is: 26. Building Owner's Street Address: 27. City, Town, or Village: eF' Zip Code: 28. Business'relephom; Number of Fuilding Owner: mandardized ORIGINAL, AEPI,ICATION_NOT'ICE FORM for Providing a 30 -Aav Advance Notice foaLit nici lit e C m u it B rd i;S C • .,. ., . Je(1 r :�B .,Gf�l,;^..,.,,..r: ;C rAti S',n(g Yin . a „(r,,,n( „rcr,� \ Applicant's Original (First) pn- Premises Als0hnitr Arvalm Zlunse flppltgption f¢r the Establishment Identified in this Notice lPowe g of 2J IN ORDER TO INSURE THAT PAGES I AND 2 OF YOUR NOTICE ARE NOT SEPARATED OR MISPLACED, PLEASE RE -ENTER IMMEDIATELY BELOW THE INFORMATIOX REGAPOING YOUR APPLICATION SERIAL NUMBER, NAME, AND TRADE NAME A f Y�,n,. STATE OF NEW YORK Application Serial Number: EXECUTIVE DEPARTMENT 17 DIVISION OIL' ALCOHOLIC BEVERAGE CONTROL � � 1 IV b �� C_ of alcoholic beverages for the On- Premises Alcoholic Beverage License, is: STATE LIQUOR AUTHORITY mandardized ORIGINAL, AEPI,ICATION_NOT'ICE FORM for Providing a 30 -Aav Advance Notice foaLit nici lit e C m u it B rd i;S C • .,. ., . Je(1 r :�B .,Gf�l,;^..,.,,..r: ;C rAti S',n(g Yin . a „(r,,,n( „rcr,� \ Applicant's Original (First) pn- Premises Als0hnitr Arvalm Zlunse flppltgption f¢r the Establishment Identified in this Notice lPowe g of 2J IN ORDER TO INSURE THAT PAGES I AND 2 OF YOUR NOTICE ARE NOT SEPARATED OR MISPLACED, PLEASE RE -ENTER IMMEDIATELY BELOW THE INFORMATIOX REGAPOING YOUR APPLICATION SERIAL NUMBER, NAME, AND TRADE NAME YOUR COURTESIES ARE APPRECIATED 16. Application Serial Number: N u► ( ��/� / /� 17 The Applicant's Full Name, as it appears in the application � � 1 IV b �� C_ of alcoholic beverages for the On- Premises Alcoholic Beverage License, is: 18 The Full Name of the proposed licensed Establishment (the Trade Name under Establishment business) is:� j� C proposed Licensed Establishment? which the proposed Licensed wilt condueY PROVIDE THE FOLLOWING INFORMATION WITH REGARII TO THE LICENSED BUSINESS PREVIOUSLY OPERATED (OR NOW BEING OPERATED) INFORMATION REGARDING THE ALCOHOLIC BEVERAGE LICENSE MOST RECENTLY ISSUED FOR THE APPLICANT'S PROPOSED LICENSED ESTABLISHMENT Has a business involving the licensed on- premises sale and /or consumption If IM ", ANSWER Items No, 30 -4I, If'NO ", SKIP items No. 30 -41. 29, of alcoholic beverages and complete the Complete the 3 entries ACS NO ever been conducted within the 3 entries at Item No. 42. at Item No. 42. proposed Licensed Establishment? PROVIDE THE FOLLOWING INFORMATION WITH REGARII TO THE LICENSED BUSINESS PREVIOUSLY OPERATED (OR NOW BEING OPERATED) UNDER THE ALCOHOLIC BEVERAGE LICENSE MOST RECENTLY 1613VE0 FOR THE APPLICANT'S PROPOSER LICENSED ESTABLISHMENT 30. 1) of Alcohol sold under the most recent License (check one}: Berr Only Wine and Beer Only X Liquor, Wine, and Beer Extent of Restaurant {Sale of Food Tavern-Restaurant (A mixed -use establishment that 'Tavern / Cocktaii Lounge / Adult Venue / o `stand-up" bar E 1 Bar (Alcohol sales - meets legal 31. ]rood Service: I "X" one Primarily; Pull Rood Menu; has both a sit -clown dining area and a I\ primarily Kitchen runt by Circa where patrons may receive direct deliveries of alcohol) minimum food availability requirements] 32. 7) of Hotel Live Disk Juke ❑ Patron Dancing (1 Cabaret, Night Club, Discothcque � Capacity for 600 V1Box I:slalAishnttent: Music Jockey (Small Scale) a (Large Scale Dance Clul or more patrons 1 Club (e.g. Golf/ F-1 Bed & ] Catering [I Stage Topless Other (specify): Ih:at apply) Fraternal Org.) 1 Breakfast Facility Shows Entertainment 33. Licensed Outdoor Patio � (�� Freestanding Garden / Other None ❑ Rooftop ❑ or Deck 1 Covered Structure Grounds El s cif I I� Y)� Areas Previous Days and Hours Operation: Monday �: �,�TAM 'Re. e a 8 O AM 'A� (,/�! aid I CLAM j'I�Qi prods 1t4 f9 Friday Ot 7 A ppp t Rkusd54 I : �A A6 u � M 39- of (Completccal; To To - t TO rQ + TO 6hJ'Jt/ circlu AM or Q -- AM h4 61 f`$�"j �f -- �' — 4J` Y`13 O�J 1'I<4 '-- /y� 00 YM T...� �#pi'1aM eer1 �6// � Aae'Yh7 � - - -- AM i'M I'D7 - 35' Was the foriner License Holder or a. Manager physically present Hours Operation? "X" � YES � NO � DON'T KNOW within the establishment during All of ( one : LLL_��1JJ 361' serial Number o€ the an- premises alcoholic beverage license most a �� recently issued for the Applicants proposed licensed Establishment: 37 Expiration rate of the on- premises alcoholic beverage license most recently Cf� issued for the Applicant's proposed Licensed Establishment' 38. The most recent License.. Ho!dcr's Full Name, as set forth on the on- premises alcoholic beverage license most recently issued for the Applicant's proposed licensed Establishment: �l The ]hi Name of the most recent licensed establishment (Trade Name) 39. as set forth on the on- premises alcoholic beverage license most recently issued for the Applicant's proposed Licensed Establishment: 4p, Is the Applicants proposed Establishment If 'YES', ANSWER item No. 41, If 'NO', SKIP item No. 41, currently open and being operated and complete the 3 entries and complete the 3 entries by the i[ccnse holder of the most recently issued El a” No Yes Item No. 42. at Item No. 42. on- premises alcoholic beverage license? ( °X' one 4 ] Business Telephone Number of the license holder of the most recently issue($ _ T1 v license for the Applicants proposed (Acensed Establishment If the Original Application is approved, I am the Person who will hold the license or i am a Principal of the legal Entity that.witt hold the License. Representations in this form are in full conformity with representations made in documents that have been submitted (or documents that will be submitted) to the State Liquor Authority, and relied upon by the Authority. I understand that representations made in this form will be also relied upon by the Authority, and that false representations in any document submitted to the Authority may result in revocation or any license that may be issued, 42 By my signature, I affirm -- under Penlalty of Perjury - U)nt the representations made in this form are true, 10 -teas .?o1cq 'Z'rrC ( �OCcA I (A' C.% r C '6C) Ve- CnqeS j S 61A( aod 02/ 23/2009 13:49 715 - -874 -4838 FEDEX K1NKU 3bJ4 F1AUL Ut 'S� Slurrltrrdtx[id [lR1.GINA�.. t1,�T'I, �.' ' r fpr Arsvlding u �._..',' t': �T : u Nurw YOHrr �N� AY.AQVRt1ieC 11I�iCI�IC - ,�[j��t#RlfClti#II [7!_bt_�41Ytf/I kiEilIt+.fl[U \ r BKKU'rivp,' DEPARTMENT ' f IN V IRONOFALCOMOLMftVkltAGPCONT00.. t Inrnnncct7anw7rNdw ,ntkmrrltevrinfkeSlatrll r•r.lulkwiypflkr AI rEt S C7 C1f Ei;�f r t1�}a= Prr�ttt el.�iltplTeBevera a�S�i Anolkottert svAn LIQIJORAUrHOJUTV &th , ! do 'Iii t _gyp t ronor 1 tsfzi 1. � Ilatr the Qtiginnl copy o(th {n NOtICC wEaA rsSailed to tt , t.ttrssl MunlclttaHty or Community t3oatd: � .•.. � � R TM$ 30 -DAY AVVANCE NMCI8 i$ t )IM MAIIXD V TIM, CGERK OF It FOLIOS! W LOCAL MUNICIPALITY OR COMMUNtIY BOARD �. t AMn or the Loco! M€lnicipahty Of CenIMUTIlty tkellkrtl ' - ,s•^�_ _�� '^ / .0 J �. ,:rrrt 1tAdreur of Leos) tatsnlalpalhy ar a~nrsrmanity �tt�.crd: � �..�.� � 6 � 4. Cl 'Town, oT Ylllp ..... :+" NX 7.11, Cod. Tdr,-plLenc Nut btv at Citek dr L-ocal Munidp0ty or Co!Ylthunity grlprd! - Af RNM UPRESEN71NO r MMPPLICANT IN CONNECTION WITH TI'TIr AP.PLICANT'S Iift(C1E (IG,jFI7 7}ON- PREMISES Afti41d{lTrEC Bk.VERAGR LIL`G3i$F APFITGATIC9N FOR THE I"3IAI311SrTMJ NT IALNPIis3Fiy TN tft(9 NOTIm S. ' RtIi ante LP: .. All yn...'% 9trcPt Atldreee; --- . -'•^•- _ !_ S ,v,.uG�!. r CS•- 1.. a. City, Town, or VdlcP: L p r(rT * zip Cady. 1 $, 8uniltCnn Ttlephonr: i,umtsrr nr AttDrri C}': lialrstllteHmcnt- � - { ^R^ nu Ctub (e'R. Golf / Heal Cntr:lInR Stage Topinnn Other � & f-ntMry � Shown EntcrYak ®[Sppciryl; IMI �stfplY3 N'rrsternal Otg.) vtkrnat nrrrr11t R.. N ,^ I 'CHE APPLICANT W0,.1. rf ILL AN ORMINA . ;m i" APPLICATION ROR AN ON•MEM1,%X$ ALCOH041C 13M- IRRACP: LTCEN6E IN ORDER TO CONDUCT - WITHIN THI -: IQCtMI'IM 8u"'TABLISHMS14T - THE TYPE CSI" BU$1?4MS DFSC[21I31) ULOW Owwl? OF TOL' 13UILDINO IN WRlCH'THE P ROPOM3tl) LICENSE V FSTABLISHMMT WILL HE UX,- `tT'ED 15. Mkilldtng OlYr.6r'A Full Name in: D.G. kiuildi rip Owhoo- Stratt Addrnas: 27. City. Tnvin. *r v4VAgn.; 7_ip Cotle: .- 28 e- uhiotth Mumbrr nr H'altof H'altdkra Owner: 77 F X ., rpj vi A:Cnkni Sri F.r anlrl Undrr the LitcneC {'N..on+M L CQlt�iSy El Whip anti Eder Only ^ J.(Auor, !Vine, rind Rear - ,..P.. —.� lG lvll( Qr Pno'l Stt'VL, y��--- -'-y�� IVL Tavotrk / Cocictnll lutrnkc / Aaull Venue f Me•mwrwnt (SCAq er)'CM T.v - n , Rsninurant IA mlxecl -119!1 rglAblishna ^ -ht tt:rr ar nit dlnlnit nron nncl a - MAntl•up" b € AY }AStOhel nalyd pritnat'41y mrrt�l Itral M; hn , . , Dth n ria Phil pn4d rnu i 1. ^t } 7r' ZK1 Primarily; -wn '1'/��'t1t KiteMil rtln by'Chr:Q where nir[ins inAy reonlwt itlrro dollverieN oted:aholl minlrnum read av"ilAblf!ty ter{uiremnnrn} I " - 'Type n€ LN, t33lnM 1 Patron 37nncing Cnbnrel, Night Club, DJiPethtquC rAptidty rtw 6911 4lnlrl lialrstllteHmcnt- MuaiC Jacket' t ex I,� ISM011i atnlcl (L.+trpn £lent£ Clnncc Cinh) or mom pntr'nnn { ^R^ nu Ctub (e'R. Golf / Heal Cntr:lInR Stage Topinnn Other � & f-ntMry � Shown EntcrYak ®[Sppciryl; IMI �stfplY3 N'rrsternal Otg.) vtkrnat nrrrr11t R.. N ,^ I: ?. .- Prnp7'ar d ��.y IV{ m � . � Pltt� I:resylnntting Garder, J Mac front R• 03 ttlper Arrn; I - �i 1 or ReYk ['OV01 3tru' lI r Ground, [Z pvdrv). - •�..... Propoat+S �..�_ blo5tdrt7.___ - _ --- 'b€ R+ +v: �Wedrtr�,er p'..._ T)kRr*dnx �� ih Suit Ru €tnyaartd Hours �t� AM M 11; AM M �y:� nM M A F!N � +! A M i r �. A M �. tltf 34. n €OpernHnti; Sri 'rd Tci To X4 "Nf TO (Com lint All; r lr�clr. Asti, or pM) � PM '� '-= PTi �..�.� A Prf � R PEA ; �PM q '" PM 1'M 15. C ° W ill the propnned t.ignnxn He3¢r;r Or s.. f+tan ni!cr be phyxicnlly prtlGStt within thrr - atnhl:nhmr.nt during All Nuur,i Or Operntirn? [ ' " atzal' YES NO IG. Appllcntlnn ltrrrnt Nr €tabor' Q - ,...+ ... � npp�nrnhe. �E/�t 17 �- 'Che Apptirnrit'8 Sul} A lft4Lion f 1 / l l�Pj ��7 U�'e �Ov J . C14 of }- •� for the, On•Yre.in en Alcoh �CVerri .Pt•` Li _ e nsr., :a. g 6J • - Itt t'ti ll Name of thr. propnnad hCenned L at.'tbl{ehrment i(hr, Tmde , Ur �er ,vl+ieh ' proposed L miw-d EAtriblinhntent will condtic, bu.ninenn) in: - 1. the pf"Dicl I,it'tnnrrt lf,tnbllAhw4gnt .5 kicnted vv€lhln thl bnll( If11g whiich Erna thr. fallgw3nt airrCL nd8razn: 2� __- _ / e.•® NY 71 P cm.,- City, - (.owo, or vlling -t I r- y��(>I:::FI'7 21 N The ptapovnd Llernned Pmnhtlahrnnnf will be ic cauid an file roll 5wing (ledrt I trf the building lit thr Above Addrl;Dn; I(r �• r � e3. Within trio h+s ldllip. Al the P.b>vc r0dreaq, the propy4q4 Lictnhttl ontAbIlah:nent will 1 .7.` loCatcd w;tbin the €nnmisl ltuntb "red ax lbilow! 23. m nE: F,itselnra0.'frlr. phone Number ef(hc Appkica I)oea Lilo A"lieant awn Ilse building 111 1r'VFS', SKIP Items No 25.38. Ir'M0', AMSWEk Iterr - No. 23213, 24 which the prnpnaed Lirrnnrd CCS 1�7I Q4 tO ILCM N4. 2?, C I Then cnntlnttt it, it' n 3fn. 20. i 7 L —� r No I- I - -- Ipttn`rSlobntent will k locaud' I 'X uAt a� d complete the rar'm. and complete th form: Owwl? OF TOL' 13UILDINO IN WRlCH'THE P ROPOM3tl) LICENSE V FSTABLISHMMT WILL HE UX,- `tT'ED 15. Mkilldtng OlYr.6r'A Full Name in: D.G. kiuildi rip Owhoo- Stratt Addrnas: 27. City. Tnvin. *r v4VAgn.; 7_ip Cotle: .- 28 e- uhiotth Mumbrr nr H'altof H'altdkra Owner: 77 F X ., rpj vi ti..-.-.1,« -:,. 1 -",I r.a.0 ........., w V1INI`U .5004 rfiat= ylr STATE OF NOW Vk RK £XICCU71 Y£ 11£FART At" ii3VlTOr,' OF AI.r0FJO1.1C DEVF} AC F, CONTI(On, STATE LIQUOR ALf f'fl - 1UTY str- R -1-0Ni jL ,. 1r : ..�.lfv_ IC?x>'Cr r Pre vid;rin 1R h A ts,� Nw Wrti • _. �.. Y RR ix,e�n�e ' u�_: L ai• rT ur. i.. r`: ii' � ,� �.iiiY ➢il &, i��u fA rt,nnrrlfml ar1A fhr;t.FArlr.,inn n i/1c Stare Llg gt' Apllictrn Ir4 IdfMI3t . kn ltolit DCYCrft2£LfClH ?�� tJf � L ^•S r f f>a IdOptiflgd Ia thlsNatrlGS ff?rr4gg -ot2i IN 0PBER 1)3 I ISUR: THAT FACE$ i AND 2 ttr YOUR NOTICE ARE NbT $EFARwlm OR MISPLACED, PLRA`,i1v aP'r> Nlt;ft 1168M1tr)1A1ELY 13'W. '11 THM 1N$ T QN Ri CARDING YOUR APPLICATION S &RIA4 NUIv1U4A, NAM$, AND TRAIL Nklvi i YOUR COURT M- ISS AIM APPRLrCiATED T6 . Apl%Qr Lion :trim Nurnhr- t „L 17. The Appf th r O ^. ri - Nei . A lc o hol , l ,ra in the c Lke"I In: +� ..slF� � F- �( .rlif ! _ V_ I"�'• " f or [hn f'rcmlaea . 6cvcYd L'scan:l, la: " TNC a I Netflt eI the projmA,d 11C'r.mled ::.gMbikhMvhl ;the Trndr rimmo 1. {rider i which the pmpm Lfccnze+d Rx,a EvIinlont will conduct bttgtneall 19: 1 Er F z /I y { ix INFORMATION RK CARDING T'HM AWOHOWC BEVFRAQV IJCKNSF MOST RT1,Y ASBVtTr FC 2 THE APPLICANT'S PROPOSSI7 LTCIMNSSO ESTABLIBI- IMP'NT ....r WnA n 4surai.Acit, ltive;N4n tht 1_ecnaed c r,•prrrnlnCrp vnlc stnd /br gatvnurtt�+ltbta ir' rrA ", ANSWtcR Items No. ,V, 41, If *90P, SIUP item, No_ 30 - 41, 2r3. orpJcnholic beer - w I fcs El and compt,to the No Comptam the 3 cnrrieo over bccn romluctctl within the ; $ Imbicn AI. item No. 42. at 1ten, No. 42. pnapmtel Uct?mard ISrtlnbflnhmcn' I ?Rt?VfbS TFIf* fnTt,I0VA"g0 INFORM r I'Iph "4 RGGARV TO THE LIGEN8ED BU&INE&S PREVIOUSLY 0PEt'gAT9D PR NOW BELN0 OPERA'MV) VNI3£R THIS BEVER, ::R L :' NSLh WIOB ,` RUUK ,Y 180UAD FOR THE APKICANT S PR4p49Nr3 L[CYt'NSh'I3 TMTACd.l. SHm lT 3P 3?. 3.1- 34- 35. g r. 38. an. AI. 'rypci,q orAleo'Loi Bald undcr III.lno ' mcc, t Licenl , ithech anal. klGnr Cf* U Wino orttt k[cer Onty JJV Uquor, Wine, and Beer � xl <:nt of Firm Aurnn, (Sv of fc.:tl L7 revarn- ltentaurant IA mi ed•unc ormbllshlnesgt chat � FnrCYtt f cocktMl 1-ounfle / Ar[ult. vt)ltie / Fond SC primarily; Full FC )d Menu; hm both n nA d €n,tigAmA eN d a "i,tol,d -up" bar liar If0vohbi awo= - mr.Ctq kgll ( "X: ell, 141when r' h by r:';4`. it aelle Puteonn mey ree &jvc a lrerl de3wr €CA Of Meohol) mimmtlro rcv,n i 6vidlebillty requirement ?I Typ or A T- - Licr. r Lli,k .fuser Patron 13nrclnit r Abartt i I ht Gh,H, ral rgt1E[LttC Co nri for 50C} F::,tit t5l' ,. tiaLGl M„n,. - . lceke r?U't (,ylllnll grnlT Y L l IrFtC SC:JC Ottt4tc Clttbj or p8 �afrn :is _ • ° au � Club fr.,S, Gulf r Ded & Caterint•9 8tagr �.�I Toelara other t;tnt nlaTlyi {.,,, �nt m rvl Org.) ' ,_j n-.Itrga1 Fnl lltw -m Br,ttr[ttiNPr�enl ESpecttyl- Lie ^tike, 7 ��/ - y �� Pn {IO FedesLinilifig -� T. O,lydttl f7t;trr rt „[,i4flY I/ \[ NbnC lYr„flol' 11 —Do ck D [;'o —etd $[r, Nor'.. �11 17munds � previnur faLos n 7IL1ixrNltx >qa t(p t3gyt Dnya nett tlturu of OVCrlttion• 1.� AA< nt AM R�i ktA ' �„•,,,, AM � Q rtm � �,�� hhl� -1 AM ICampltte WI; O TO TO t'tt CirGrr. A64 or E - , - 0`!Q0 n PM�PM� pN P6r �PM V43 b1c fUi'mtt Llcenat H„[ccr or n !Aorsagrrphaynlcntl pregonl YES DC7tJ'C KNOW wilhin VAv nm:ahllnhmcm dunnp All flaum of Clf rmlo0 ['+Y,” =): {, _ 6(7rMl Nusnrtr of iht ort�prmniaes alcnholir , ve �gc li�enar moot rc � . 1141 , Y 0 w ; Ailfj fol 4x ApF)li1 -W'f1 PruPO-dd Li' 'rued F$L 5liahmont. t'x — rn!i ; an Sn of thir, dn- a Ap ¢ P 11s 11145t tl:h ntiy - 1 � , 01W0 tot the Appllc!rnl'ta 11rnPhac ic,engcA Rcuthi:vhmenl' 1'Itc tnt,ot recen, Lieengc fleldCr•o Fult ;Fnmr., As r& rarth on the On- pretrtlnon nieohdht b ^t c k ,,m m. cecntly - wurd rot' Applitotst'e propomd Ucenard l>.ai .nlim—rnt + it Thr Full Namni of ilia most re.cM.nr llrtnned oatobits: ment 117 Normal - ng nrt forth on the ^r1- l+remiu:s nlcrhdlit bt rm licenzr moral rruenGy isst for the Appit ptopaned ;.i[en Emtbliih., <, t: j ._r • , 1s the Appticnnt'a< ilreltc,gad F— fithi{nhm. a If'YL•2",I`.N9WI+1t Item l'FG, �FI� -- - -r. -' If'Nf} : SKIP item f*'4. 4S, p rUrrr.nlip npttn and being OpCYAtc J anrS romp,- letr, r.:1 rnUlea the CtSmplcte car I entrtta ify the heetstc holder of the mm( mmotty wuu_i �; f s37 �Ea`'$ � a It am Nor. A2. �O �a =.- at itttYt Na. 42. on•premi.-mi alerhallc hrvrrape iiccrssCW I'V pfi l - ---- EltiWOela 'T6r[ilfore Numbor of Lftr $Imm a holder of :hr moat rmmtly 1"uccl limiso far €ht A pmpnaed L EataLl iahmsnt: - ___ _ • 4n If the ()34 ;lnrtl ApplIC11 " 1.3 gppro d, I Mt U - per-or, whp hold trig "come= or I Gott n. Prineioel of the QvMj f*ntlty Chet w1#! hold the. l.lcr.n.-. RopMaeritixt(ons In tltln form qrr. It, ftlfl t Onfbrmity with reprehc,Ytntionn in 41 r nenft tftNE bAW bec.n mtbrnittect Ior do( zhar. will be «,hmt;ted) to tha State Liquor Authority, and "Lk 4 upon by the Authority, nnttrraranr7 thr{i rstprrryrntntlang made In thin tom Avis be nign rr..itrel ltpan by U Authority, ArA that ff&t topmnontntiohe lh drky dteumr.nl; ;mbmiltc i to the Authwity in -y rng,tlt In ro1'ge[ Yon of Any limnso Iftdl itiV LO istucd. By Iny s'p LUe1 I am- " un de, Peualt,r 8f Pltykit'q- that thr. N'WrnrntRtione made In thfs roM R:C ttve. !,it4+ _ �..__.+. -.. ..— •-- __--.. tll'n ...� �' - -. " wlp,tt,i \ A 1 �.f THE IRISH WAY, LLC DBA 13ENCHWARMERS 30 Mississippi Street, Suite 100 Buffalo, New York 14203 (716) 856 -3740 February 18, 2009 NEW YORK. S'1'ATE LIQUOR AUTHORITY 535 Washington Street Buffalo, New York 1.4293 RE; Alteration Permit Dear Sir or Madam: I am respectfully requesting permission to approve an alteration permit to eliminate a wooden partition (9'10" wide by 42" high) dividing my establishment DBA Benchwarmers located at 30 Mississippi Street, Suite 100 and Morrissey's located at Suite 200 of the same building. Benchwarmers is located on the south side of the building while Morrisey's is located on the north side of the building. The reason for this request is there is only one handicap lift for both establishments. The lift is located on the far side of the south side of the building allowing handicapped individual's access into Benchwarmer's, however the partition prevents them from entering Morrissey's. An additional handicap access on the north side of the building in front of Morrissey's is not possiblc as there is not any space to allow one. If the partition remains separating the patio it will prevent those handicapped individuals from entering the establishment of their choice. Enclosed please find the appropriate photos detailing the present location of the partition. 'Thank you for your assistance. Respectfully yours,: Quinn O'Brien President, The Irish Way, LLC c�� d 5. 6. 7 8- 9- 10 17 Srrratfurdtrcd OR NOTICE FO for Providing u # SAMN ar (A }Q_,,Dxv Atfvancc N.s3tts� is cnrne[ifrra wilA tAe ruAa.lrrfu+r to the State f.frfaur.tarAw:ly a/ 0h. ADp�� a •1 211011[ R CVerat?C l.ic . 1 l h 9dadlewLawa f AIM f of T} Date the Original copy of this Notice waa Mailed to the Local Municipality or Co unity Eorrd: Q HIS 3O Aj5VAN T 15 B�1N ftAjL D TO fH& CIERK.OI ---- -�._.. �. ;.., ,. ....r1i�•iw siriat?t1 2 1 V t N of the lai MuniciPeti[y or Community Board: F��} l r AC $trccl Address of Local Municipality or Community LlPa rd: 14 1 ^aa S ..tp+� C i� �^�►U. NY ZipCode City. Town, or village: A F - rrAL- { Telephone Number of Clerk of local Municipality or Community Board: t 14 G Q ATTORNEY REPRtsEN'nNO THE APP I CONNECTION WITH THE "PL,iCANT'S ()RJOINAL IyIRST) ON•pREMISES ALCOHOLIC BEVERAOF UCENSE APPUCA'190N FOR T119; ES'TAgUS1IMENT IDENTIFIED IN THIS NOTICE r-s �-- 4• J A Atwe rn Fult Name is: C OQ �L /�,s I Ckiff- C-R- Attornry "s Street Address: a - A . t' ZIp Code: City, Town, or Vilknge: Dusinems Telephone Number of Altnrnty: . - - i Qbff'_ Mid ' 0' iIJILLI t m oRlatisA t01w. � IN oiul ctitanLfrT:- wrrt�(� r> I tnlfNTl I� $ tAtir s sll K'I117; yP P Nom'? - - Typrtal of Alcohol to be told under the Uccn :e I'7[' QLRSC): STATE OF NEW YORK ' e _ EXECUTIVE DEPARTMENT "v '" ti -. J QIViSION OF ALfOtiULIC♦ ti! GFrni,E CO"" STATE LIQUOR AUTHORITY d 5. 6. 7 8- 9- 10 17 Srrratfurdtrcd OR NOTICE FO for Providing u # SAMN ar (A }Q_,,Dxv Atfvancc N.s3tts� is cnrne[ifrra wilA tAe ruAa.lrrfu+r to the State f.frfaur.tarAw:ly a/ 0h. ADp�� a •1 211011[ R CVerat?C l.ic . 1 l h 9dadlewLawa f AIM f of T} Date the Original copy of this Notice waa Mailed to the Local Municipality or Co unity Eorrd: Q HIS 3O Aj5VAN T 15 B�1N ftAjL D TO fH& CIERK.OI ---- -�._.. �. ;.., ,. ....r1i�•iw siriat?t1 2 1 V t N of the lai MuniciPeti[y or Community Board: F��} l r AC $trccl Address of Local Municipality or Community LlPa rd: 14 1 ^aa S ..tp+� C i� �^�►U. NY ZipCode City. Town, or village: A F - rrAL- { Telephone Number of Clerk of local Municipality or Community Board: t 14 G Q ATTORNEY REPRtsEN'nNO THE APP I CONNECTION WITH THE "PL,iCANT'S ()RJOINAL IyIRST) ON•pREMISES ALCOHOLIC BEVERAOF UCENSE APPUCA'190N FOR T119; ES'TAgUS1IMENT IDENTIFIED IN THIS NOTICE r-s �-- 4• J A Atwe rn Fult Name is: C OQ �L /�,s I Ckiff- C-R- Attornry "s Street Address: a - A . t' ZIp Code: City, Town, or Vilknge: Dusinems Telephone Number of Altnrnty: . - - i Qbff'_ Mid ' 0' iIJILLI t m oRlatisA t01w. � IN oiul ctitanLfrT:- wrrt�(� r> I tnlfNTl I� $ tAtir s sll K'I117; yP P Nom'? - - Typrtal of Alcohol to be told under the Uccn :e I'7[' QLRSC): Beer F] O ❑ Wine and 1I Only LL::....JJ I � I Liquor, wine, and liter Pxtcnl Of Restaurant ISQU of Food 11 lave rn -Beata uran! IA mixed -use establishment that Tavern J Cocletall Lounge / Adult Venue / dining area and a 'stand-up' bar Bar I Alcohol axles primarily. •meets legal Food Scmcc' Primarily; Full Food Menu; has both a sit -down direct deliveries of aleohoi( minimum food availability requirements) -X, 211) I Kitchen run by Chef} �� where pavane may receive Dancing Cabaret, Night Club, Discotheque ❑ ur Type of tvc Hotel wMusic � �/( -# � Jocf+ Juk[ Box atron patrons Lai a Scale Dance Club) (Small Scale) E 8 Este bliah mcnl: t 1 -• ` f�"� ' ` 1 1 Club It. g. Coif ! i3ed & Fra to rnsJ Org.l ❑ West ❑ Catering FacilLEY Stage Topless ❑ Other Shows F.ntc rtsinment Ispec'fyl: . -_- —....— other �--y/ PaUO Free standing 1:1 Garden 1 Propuaed f None ❑ A�noP or Deck F] Free Structure Grounds ISPSCiIy[: 13 ' Osttdoor Area: u dttB"I Proposed Ata"y.. � 1 Rl�!>< •x 5 : „ 4 Aft P t� 16 M .�,�.- ;...a_ AM A! D a ys and H OV11 5 0a AMQ r „ay A P �,0 A. 5 : Q-4 AI M TO q of Operation: ro TO YO TO � ICamPlrteall: AFI M � d t PM -- '`.....-.` tire], AM Or PMl ] y �{' ypg NO a 1 5. Will the proposed hcenc Holder or a Manager kx phyaicnliy present within the establishment during All )tours Of Operatlon7 I'7[' afl.cl: f 16. Application Serial Number: �i,14✓i _ + _, 'il+e Apptfcanl's Full Namc, as it appears in the ApPlic.tian 17 © T4 13 �. � Y � � for the Ori lPremises AlcahoGC fJCVCrage Lleenae, Is: 1 CS The Full Name of the proposed licensed Establishment (the 'trade Name under which the lo- proposed Licensed Establishment will conduct busincssl fa: The proposed Licensed Establuhrrrcnt Is located with In Iv (ht building which has the rotlovring street Address: " NY zip code 4Zd � 20. City. Town. or vul.ge_ .AFFPii1.� ...... C.00R -S 21 . The VrOposcd Licensed e ment will be located on the following noarl s( of the building at the above address: .. e� 2 aed Licensed Establishment wi31 ix located within the roamtal num bend as O aws: 22. Within the building al the above addraaa, the propO r 2J. II Telephone Number of the Applicant: �} G lf'YES'. SKIP items No. ZS•2fl. If'NO', ANSWER Items No. 25 g. Does the APPlicsnt own the building in Go Ip Item N o, Then continue to Item No. 2rJ. which the proposed Licensed v No and complete the form. 2- Esubliahment will be located? I •x' 11A£I y es El and complete the form. QWNER OF - me BUtILDINO IN W141CH THE PROPOSED UCF -NEED eST'ASUSHMENT WILL BE LOCATED 25. building owner's F1#11 Name ts: 3 � S �� 26- Building Owner's Street Address: - ZIp Code' 17- City, Town, or Vll)agc: 28 - Busiocas Telephone Numbcr of Building Ownef: .._._. ' s,—i riii.d ORIGINAL AITIA &NOMMM (ar Prov,ding u • a c STATE Of NEW YORK 3 0-12my &d - V jaLL NALM10 a • � `�` �[ DEPARTMENT P EXECUTIVE DEA � 1 lacn+,arcrrorf wlrA else sr.b.r[rrirr ra rAt SrWr Livaw rlarAOriryafrAr u• RivlSION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTIIORJTY LQ r the E I tablish min fh (PAOe 14111 IN ORDER TO INSURE THAT PAGES 1 AND '2 OF YOU NOTICE ARE NOT SEPARAT•BQ OR MISPLACED' PLEASE RE -ENTER IMMEDIATELY BELOW THE JN YOUR IC -MN SERIAL NLJMj3ER, NAME. AND TRADE NAME YOUR OURT'ES1E6 ARC APPRECIATED IG Apph"tinn Strut Number: f J .r -J The Applicant's Full NAMC. As it aPPcala in the apptiea "on l 17 for the On- Prrmises Alcoholic Beverage Licen is: ,� 1 d p p l..fJ l� .� ^-1•- The Full Name o1 the proposed licensed Establishment (the Trade dame and 4r � Z8 which the proposed Licensed Establishmrnt wiSl conduct bu.in...1 4: 6 INFORMATION REGARDING THE ALCOHOUC F3&I�ERAOE LICENSE NQ*T RXCZXTLY IXSUZD FOR THE APPUCANC'S PROPQSEb I I.ICENSED ESrA- 009HMZNT r a. Y r�l r�aaa3 I {us a business involving the licensed SKIP .(ems No 30 -41. on�premiscs talc and /or consumption ltcmr No - 70.4 1, _ _ r and complete the Cam ill the . cnirtics 29 of alcoholic ithi gcs Yes l sy NO i..,� at Item Nn. 42. ever been conducted vrithi the 3 entries at Elcm No. 42. proposed Licensed Estabtishrnenl7 rHI PR3vtz taLa4WVep wF0�3MwT1QH wtrr W�Q To rr� iCHsFb g §E[y�1ai� aP$RAidt x ©?reoprRA11 url — t TN Ii1 C 3wiQlJC B.frVEFtAC3E i10EIf9E 11 YUCCS .r usus�Fq =t� tlr ArPU rr^s,krtbiab §eC31 jc.�r� Jt ua t �Nr; wine and Bcer Only ❑ Liquor, Wine, and Bcer JO Typelsl of Alcohol sold under the most recent License lcheck on el: ❑ Sccr only y F.tent of ❑ Reatrurani lSklt of Food 1-1 Tavern- Res[surani {A mtxcd. use establishment that ❑ Tavern r Cocktail Lounge 1 Adult Venue 31 Food Service: Primarily; Full Food Menu; has bath a sib wn do dining area and . 'stand -up" bar Liar (Alcohol .alas primarily - meets legs 4Sl Kitchen run by Chef! where patrons may rcuivr direct deliveries of alcohol) minimum food avad.bUity requirement-) n Disk Juke Patron Dancing Cabaftt, Night Club, Discotheque Capacity for 600 3. Type f ❑ f(.te f ml ❑ Give S.11 Seale) ❑ ILargc Scale banee Clubs or mare P.trons Ea to hh,hr.�e ni t.[u.ic ❑ Jnckey ❑ f {ax ❑ 0-10 n Chtts Ic -6. Gol[ ! ❑ Ded to ❑ Ca[ ❑ Stage F1 Topless Gthtf 9 eras( shat .PptYl Fro[crnof (}r gal 9rcakfaat Facili[y Shotva EnteRainmem ❑ Free.la nding F1 ISpeeifyl: Garden / Other Licensed None Rooftop Grounds ❑ 3J. Outdoor ❑ a or D. Covered Struetu rr _Arc• s : )rl�.�]< Prcv: d ._.X '�Lll11.L.Y �t1��lil�l3 ShS1L.k4sI S�SYf!! ►i M°a 14�.A1.i a D.Y. and 110-6 AM FM � __ AM PTE � AM PM of t)perauon. _,._..i_ AM PM } 1 AM PM �-- , -,,,- AM PM __a___ AA[ PFE Td TV ro TO To (Co,epierr .11- rO TO , T ^ AM PM AM PTE Art PM A" PI"t -0, AM ar AM PM r_— AM PM AM PM ---- �"-"'� _ - ---- PM Wa. She former License Nalder os a Manager phy,ically P- lent I I yF, S � Nq DUN KNOW ' withVn the rata hlishmen[ dunng ALI Rows Of OPrration7 ( yzLW ;l..�1 -�, en.l Number of the an- premi.cs alcoholic hers rage Iicenac moa ]G rccrru ly �ssvrd far the Applic nt's propoxd Llc,ensed Establishment: � Flxpor.ttcn date, of the art premises alcoholic beverage lfeensc most fctxntJy issued for the Applicant's proposed Licensed Establlahmcnl: The arnsr r.crnt License }colder'• Full Narnc as set forth on 7N the on premises alcoholic beverage license most recently .osurd for the Applicant's propascel Licensed Establishmcnc: - - - -- The Full Namc of the most recent licensed establishment {Trade Name( a9 .. art forth on the on- premises Licoholic beverage tieense most rr -eddy i.surd for the Applicant's proposed Licensed Estsblishment:- 1. the Applicanr's proposed Establishment 11 "YES'. ANSWER item No. 4 f, it •NO•, SKJP item NO a S, currently Open and being operated and complete the 3 entrs ie and ca t h e m r the 1 entries 40 by she license holder of the most recently issued Yes ❑ at Item No. 42. t h No. 4Z. on.prcmise. alcoholic beverage license? I' 1: 1 0usinr.s Trle pliant Number a! the license holder Of the moat re can toy issued _ FT fits nac for the Applicants proposed Licensed Esta 1:11 nl: with represent tjana Mach in I hold the U,,ensc or am a Pr 'Fn Gprtl of the j� al Entity th.af hallo Ei1Ca.lcarlaa Repre seRtatlons #rs thLi! dnattr7dr)tr teat halal b aA •lJf]Rllt1lltr�p t nRts flint ant) ba iA0A9rtad) t fit r d :ti APit kr' t tans ntaud 17}at lxs?reaani�tt r.E a j� i�44 }a - aHbh t K ) Autharf[y' dray 7=su)t 1n r'p�actton of tb✓ lioen�a' :t3y ray.�(grsaFliF;.I afAr4li tuidet Ikn!1 LA,) j G tt -M-0B No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor /Mayor Executive- Comptroller- Common Council- Assessment and T axation- x Public Works, Streets & Parks- David Cargo X Police- Thomas Whelan Fire- Corporation Counsel- Community Services- Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & Urban Affairs- h uman Resources- Civil Service Commission- RECEIVED AND FILED. March 3, 2009 r� SIN PA GE COMMUNICA11ON TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 19, 2009 FROM: DEPARTMENT: Public Works DIVISION: Streets SUBJECT: [: Leave of Absence - [: David Crapo PRIOR COUNCIL REFERENCE: (IF ANY) [: Ix. (Item No. x C .C.P. xx /x /xx) Please be advised that Mr. David Crapo, 574 Marilla Street, Buffalo, New York (20), has requested, and I have approved, a two (2) month medical leave of absence froth his Perinanent Non- Competitive Civil Service position of Laborer II with the Division of Streets. This medical. leave commenced on February 2, 2009 and will expire on April 5, 2009. Mr. Crapo's expected return to work date is established as Monday, April b, 2009. TYPE UTLE SIGNA TURE OF DEPARTMENT IIEAU SJS /CAM /jmb Cc: Henry Jackson Jackie Skipper Olivia Licata David Crapo Commissioner S.IN( P AGE COMMUNICATION TO TIil.; COMMON COUNCIL TO: THE' COMMON COUNCIL DATE: 19. 2009 FROM: DEPARTMENT: P OLICE , DIVISION SUBJI;CI': : Leave ol'Absence PRIOR COUNCIL REFERENCE: (IF ANY) : Item No. Ex. ( Itenj No. xxx, C.C.P. xx /xxlxx TEXT: ( TYPI" SINGLE SPACE BELOW PO Thomas Whelan assigned to the C- District has been granted an extension to his military leave of absence without pay for the period of five; months commencing; May 1, 2009 through October 2, 2009. I IMG /tio TYPI DEPARTMI N`E` UEAD NAME: I1. McCarthy Gix)son TYPF' TITLE: Commission oi'Police SIGNATURE OF DEPARTMF,NT HEAD: PERSONAL '1`44 'f 04011001 t` e THE FAMILY MEDICAL LEAVE IS A 42 WEEK LEAVE FOR : CARE OF CHILD, SPOUSE, PARENT OR AWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PcRELCT ATTENDANCE BENEFIT (PSA MEMBERS ONLY) EXPLANATION OF LEAVE: (416 % ? la c" DA OF LEA BEGINNING DATE: s jrI L)[_- .. -L?��t �----------- RETURN DATE. LENGTH OF LEAVEN 61 W ; °7-1 EMPLOYEE SIGNATURE APPROVI .D i DENIED DE 'i YPOL'IC& c, DATE rAPROV_E:DJ DENIED , 4 CMMI;S7SlONER l i / r , CC: DEPUTY POLICE COMMISSIONER ADMINISTRATIVE SERVICES COMMANDING OFFICER REQUESTING EMPLOYEE ORIGINAL. COMMISSIONER'S OFFIC CIVIL SERVICE LABOR RELATIONS 00011310 No. Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium x Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers .Florae Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED. Marc} 3, 2009 }1 i lit SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: 111E COMMON COUNCIL: DATE Jebruary 19, 2009 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY HORITY DIVISION ADMINISTRATIVE SUBJECT j: BOARD ATTENDANCE HNTER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as Follows were Present at the Regular Meeting of the Buffalo Sewer Authority held on February 18, 2009, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman John D. Kennedy, Sr., Vice Chairman Christopher Roosevelt, Assistant Vice Chainnaii .Eleanor C. Wilson- DiVincenzo, Secretary John E. Kennedy, .Ir., Assistant Secretary Absent: None DEPARTMENT .HEAD NAME DAVID P. COMERFORD TITLE GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD: T ®001.. No. Appointments - Temporary, Provisional or Permanent I transinit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL, SERVICE. March 3, 2009 #4 (Rev 7 -07) Certificate of Appointment h) compliance with provisions o1 Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, d tiansntit this certificatioai of appoinlmcr�t(s) sir pro moIion(s). 1 further cerlify that the person(s) named in Schedule "A" have peen certified or approved by Iltc l3unian IZCS0UI'Ce5 /0vil Sel'ViCC ibr the Appointment Effective: in the Department of Dlvtsloa of to the Position of FEBRUARY 18, 2009 EXECUTIVE MAYOR TELEPHONE OPERATOR Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) TEMPORARY Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (t ?titer Starting Salary) : Starting Salary of j`1� $ 30,557. LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -2019 NAME JASMINE L. SWORN ADDRESS 275 OAKMONT AVE. #488 CITY & ZIP BUFFALO, NY 14215 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. X - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10301001 TITLE CODE NO 1000 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 - 100 SALARY RANGE OF POSITION $30,557. - $34,008. PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: BYRON W. BROWN MAYOR FEBRUARY 17, 2009 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET 46- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #3 (Rev 1 -02) Certificate of Appointment hn compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of (lie City of Buffalo, I transmit this certification of appointme t(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the I Italian Resources /Civil Sery ice for the Appointment Effective: in the Department of Public Works Division of Streets to the Position of Laborer If Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM j nter Starting Salary) : Starting Salary of $29,182 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Rashad L. Howard DATE ADDRESS 178 Parkridge CITY & ZIP Buffalo, NY 14215 LAST 4 DIGITS OF S SN. XXX- XX•-4417 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAS 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 9022 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2007 -212 SALARY RANGE OF POSITION 27,979 - 31,488 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steen J. 5tepniak TITLE OF APPOINTING. AUTHORITY: commissioner DATE: 12 , 09 SIGNATURE OF APPOINTING AUTHORITY: �. � ORIGINAL 33 COPIES TO: CITY CL ERK ONIBEFORE APPOE3VTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SER VICE #7- BUD #8- DEPARTMENT #9- DIVISIO #10- EMPLOYEE(S) 93 (Rev 1 -02) � Certificate of Appointment 1 In compliance with provisions of Section 24 -2 of the Charter acrd Chapter 35 -1 of the Ordinances of the City of Buffalo, I LransmiI this certification of appoininmil(s) or pr0m0tip1(8). I further certify that the persons) named in Schedule "A" have been certified or approved by the 1- Inman RCSOUTCCS /C]VII Service for the Appointment Effcctivu: in the Department of Division of to the Position of �� 5- / ("' J Public Works Streets Truck driver Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM � nter Starting Salary) : Starting Salary of: $31,295 LAST JOB TITLE NAME Henry Bogaln LAST DEPARTMENT DATE ADDRESS 174 Butler Avenue LAST SALARY CITY & ZIP Buffalo, NY 14208 LAST 4 DIGITS OF SSN. X XX - XX - 3422 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE / BUDGET ORG. CODE 52002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2009 - 076 SALARY RANGE OF POSITION $31,295- $34,539 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak _ TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 26/09 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CIT CLERK (ON /BEFORE APPOINTMENT DATE) OT HER COPIES TO: 45- COMPTROLLER #6- H UMAN SERVICE /CIVIL SERVICE #7- BUDGET #8- D EPARTM ENT #9- DIVISION #10- EMPLOYEE( NON - OFFICIAL., COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMM UNICA FIONS March 3, 2009 00032 PAY City of Buffalo BRIAN C. DAVIS Eu.ICOTT DISTRICT CO UNCIL MEMI3IiR 65 NIAGARA SQUARE, ROOM 3408 BUFFALO, NY 34202 -3322 PHONE: 851 -4980 � FAX: 851 -.6576 E -mail: bdavis@city- buffalo.com March 3, 2009 Gerald Chwalinski, City Clerk 1.302 City ITall Buffalo, New York 14242 Dear Mr. Chwalinsk.i: Re: Ara Price f� 1 COMMITTEES CIVIL SERVICE FINANCE LEGISLATION BUFFALO PLACE BUF FALO ECONOMIC .RENAISSANCE CORPORATION CHAIR POLICE OVERSIGHT Please file the attached item for further discussion at the next Common Council session to be held Tuesday, March 3, 2009. Thank you in advance for your assistance with this batter. Sincerely, Brian C. Davis Ellicott District Councilbember r "Communication is the keyfor u better tomorrow" � _ Councilmember Davis From: Modesto Candelario [ mcandelario @bmha.ci. buffalo. ny.us] Sent: Monday, March 02, 2009 2.19 PM To: Councilmember Davis Cc: Dawn Sanders; Searnan,Mike Subject: RE: Gear Council Member Davis: This is a follow -up to our earlier conversation regarding an update on the artifacts at the A.D. Prase development. As you know, we always intended to preserve the artifacts. We have made commitments to you and the residents that we would do everything possible to preserve what we can. This past summer a group of staff and Members of our Board of commissioners toured the site and agreed on preserving the artifacts as best as we can. Our plan is to incorporate the artifact into the new senior mid rise building that will be built at the corner of Jefferson and Peckham. in addition, we are planning on preserving the administrative building for residents services and possibly create several displays inside the building of the artifacts. We are in the early stages of completing a plan for the artifacts. In fact, we are in the process of selecting a preservation contractor that will safely remove the artifacts from the building, We are very committed on preserving these valuable pieces of history. Thank you for your concerns and we look forward to working with you on this very important redevelopment project. Modesto Candelario Assistant Executive Director Buffalo Municipal. Housing Authority 300 Perry Street Buffalo, New York 14204 REFERRIEM TO THE COM,"PTITEE I 00090 4 !, JESSE KETCHUIV1 MEMORW FUND Established 1871 The Common Council City of Buffalo City Hall 65 Niagara Square Buffalo, NY 14202 Ladies & Gentlemen: Fcbruary 5 , 2009 The Board of "Trustees of the Jesse Ketchum Memorial Fund herewith submit its Annual Report to you as required by the Deed of Trust that established this fund for the awarding of prizes for excellent scholarship to the eighth grade graduates of the Buffalo Public Schools. Principals of each elementary school having an eighth grade class have submitted the names of those students who are members of the graduating class who have ranked the highest scholarship in their group. The first place received a gold flashed medal, certificate and a $1,500 check that were presented to the three students ranking highest in the entire city. The second place received a silver flashed medal, certificate and a $1,000 check. Each school winner received a bronze medal, a certificate and a $100.00 savings bond. Awards were presented at the Awards Ceremony held at West Hertel Academy. I or the 2006 -2007 school year a total of thirty nine medals and certificates were awarded. A list of the winners is enclosed for your records. Also, a copy of the financial report by the Treasurer, Mrs. 'Thomas Keenan, for the fiscal year 12/31/05 thr . 12/31/06 is enclosed. Respectfully submitted, RECEIVED AND FILED V dam/ Mrs. Patricia S. Evans Secretary U 0 JESSE KETCHUM MEMORIAL FUND FINANCIAL STATEMENTS TS FOR FYE 12/31/2000 AND 12f31/2005 AND IINTERIM AS OF 6/30/07 Established in 1871 Recogni ing the academic excellence of students In the 8' grads classes of the Buffalo Public Schnn /c .l JESSE KETCHUM MEMORIAL FUND BALANCE SHEET AS OF June 30, 2007 AND DECEMBER 31, 2006 AND 2005 ASSETS: 6130 Cash and Cash Equivalents $ 2,325 Investments (shown at market value): Franklin Templeton Funds $ 53,941 Portfolio Architect 1 19,718 Total Investments $ 173,659 TOTAL ASSETS $ 175,984 FUND BALANCE $ 175,994 NET CHANGE IN FUND BALANCE $ 6,915 12/3112006 12/31/2005 $ 2,304 $ 3,725 53,580 $ 57,508 113,185 101,289 $ 166,765 $ 158,797 g $ 169,069 $ 162,522 $ 169,069 $ 162,522 $ 6,547 $ 304 JESSE KETCHUM MEMORIAL FUND BALANCE SHEET AS OF DECEMBER 31, 2006 & DECEMBER 31, 2005 ASSETS TOTAL ASSETS CURRENT FUND BALANCE NET CHANGE IN FUND BALANCE $ 169,069 12131/2006 12/3112005 Cash and Cash Equivalents (1) $ 162,522 $ 6,547 $ 2,304 $ 3,725 Investments (shown at market value); Franklin Templeton Funds Portfolio Architect 53,580 57,508 Total Investments 113,185 101,289 16 � 6 158,797 TOTAL ASSETS CURRENT FUND BALANCE NET CHANGE IN FUND BALANCE $ 169,069 $ 162,522 $ 169,069 $ 162,522 $ 6,547 $ 304 C JESSE KETCHUM MEMORIAL FUND STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND BALANCES FOR THE PERIOD ENDING DECEMBER 31, 2006 AND DECEMBER 31, 2005 For the Period Ending REVENUE: 9 2!31!2006 12131 /20_05 Interest and Dividend Income: Cash And Cash Equivalents S Mutual Funds (2) $ S 35 TOTAL REVENUE 7,331 $ 7,781 $ 7,331 $ 7,816 EXPENSES: Awards Administrative Expenses (3) $ 5,216 $ 4,599 TOTAL EXPENSES 2,205 2,139 $ 6,738 EXCESS OF REVENUE OVER EXPENSES BEFORE CHANGE $ IN INVESTMENT VALUE (g0) $ 1,078 NET CHANGE IN MARKET VALUE OF INVESTMENT (4) $ 6,637 $ (774) EXCESS OF REVENUES OVER EXPENSES $ 6,547 $ 304 FUND BALANCES BEGINNING OF YEAR $ 162,521 $ 162,217 FUND BALANCE END OF YEAR $ 169,069 S 162,521 Detail of Ex enses 2006 Date 10/12/06 Check # Payee M &T Bank Descri tion of Pu ose Amount Code $100 Savings Bonds For All Winners 11/15106 M &T Bank ( bonds @ $50 each) $1,900.00 A 3 First Place Winners (tied) 11/16/06 167 Tony Martin Awards (3 Official Checks @ Engraving Medals $1`000 each) $3, A 11/16106 168 Jason Alverson Calligraphy $.22 0 $49 $266.50 A 11/16/06 169 So. Park HS Music Dept_ Music at Awards Ceremony $75.00 A ADM 11/16/06 170 Kimberly Sikora Printing and layout of program $75.00 ADM 11/16/06 11/16/06 171 172 Kathleen KaWcki Postage, Envelopes & Supplies $224.75 ADM 11/16/06 173 Glenn Jumper Patricia Evans Videotaping of Ceremony $75.00 ADM 11/16/06 174 Emerson School Secretary's compensation Hospitality /Reception $1,100.00 ADM $655.50 ADM Total $7,420.95 - Awards )M - Administrative Expenses Administrative Expenses Total $5,215.70 $ 4,598.90 $ 2,205.25 1__&139.16 $ 7,420.95 1 $ 6,738.05 Detail of Financial Information (1) Cash and Cash Equivalents are as follows: 12131/2006 12/31/2005 Checking Account 2,304 3,457 MTB Money Market Account - 268 Total $ 2,304 $ 3,725 (2) Dividends and Capital Gains on Mutual Funds: 12131/2006 12/31/2005 Franklin Templeton $ 2,868 $ 3,045 Portfolio Architect 4,463 4,737 Total $ 7,331 $ 7,781 (3) Administrative Expenses are as detailed below: 12/3112006 12/31/2005 Secretary's Salary $ 1,100 $ 1,100 General Expenses 1,105 1,039 Total $ 2,205 $ 2,139 (4) Change in Market Value of Investment " is detailed as follows: 12131/2006 12/31/2005 Franklin Templeton $ (716) $ (1,395) Portfolio Architect $ 7,433 621 Total $ 6,637 $ (774} `Excludes dividend and capital gains income shown in (2) above. 2c }06- �CO� Name on Ceftii'icate I Med X Average High School Attending 8th Gr, P a rent's Name Address BARINAEPKEE A. BANUNA 88381 96.3 CV Honors 56 Mr.& Mrs, Banuna 78 Stewart Ave. 14211 MARSHAWN N. BROOKS 88391 92.7 Emerson 31 Ma tirta Brooks 53 Navel Ave. 14211 345 Davidson Ave. 14215 TRAVIS BRADLEY BROWN 8840 93 Hutch Tech 66 Ronald Brown NHU NGOC BUI 8841 94.7 McVjntey 45 Cuc Nguyen 82 Howell St. 14207 JILLIAN LEE CASEY 8842 97 Hutch Tech 79 Jeremiah Cas 27 Evelyn St. 14207 TYONNA S. EPPS 8843 92 Hutch Tech 74 Tonya Hunt 65 Durham Ave. 14215 JOSHUA R. FORD 8844 85.3 Hutch Tech 84 Antoinette Ford 35 Milburn St. 14212 DERRICK. DAMON DANDY 88451 93.7 McKint 97 Gloria Barlow 55B Willert Park Ct. 14204 TABITHA GREKULAK 88461 95.7 South Park H.S. 93 Debra Puza 26 Riverview Pl. 14210 DANA HOGAN G20071 100 City Honors 195 Dr- Peter Hogan 38 Chatham Ave. 14216 ADEIA HOLCOMB 88471 93.7 DaVinci 3 Melvina Terrell 52 Lasalle Ave. 14214 SYDNEY HOLLOWAY 8MI 94.8 Hutch Tech Ente rise Angeline McKinney 466 Clinton St. 14204 TATIANA JIMENEZ- KNIGHT 88491 96.3 Hutch Tech 33 Antoinette Jiminez 881 South Park Ave. 14210 CORINNE JAMES KAZMIERCZAK S-20071 99.7 Nichols 187 Sarah Edwards 96 East DePew Ave. 14214 CORY M. KRAWCZYK 8850 96.3 Hutch Tech 69 Mark Krawczyk 45 Kopernick St 14206 ANGELIQUE KASSANDRA LEON 8851 93 DaVinci 79 Zoraida Delgado 16 South Lane 14207 AMBER MAC KEEN 8852 94 Da.Vinci 94 L. MacKeen 346 Hoyt St. - upper 14213 ALLISON OLIVIA MENDOLERA 8853 92.7 Hutch Tech 18 Herbert Mendolera 383 Fa o Ave. 14213 ALEXIS M. MIStAK 8854 92.3 City Honors 27 John Misiak 78 Hammerschmidt Ave. 14210 KYLE MYERS 8855 94.33 DaVinci 43 David Shields 1470 E. L oy St. 14206 SUSAN PETERSON 1 88561 95.6 Hutch Tech 96 Donald Peterson 312 East St. 14207 ALYSIA PIRRO M71 91.6 DaVinci 72 Alicia Louise 27 Marbeth Ct. 14220 AMADA PORRATA 8858 98 C4 Honors 76 Liana Vasquez 240 P!yMouth-Upper 14213 CRYSTAL R. SHAW 8659 96 DaVinci 80 Stephanie Gordon 226 Northam ton 5t 14208 ALLISON L. STACHOWIAK 8860 95 DaVrnci BEST Lisa Wdek 26 Person St. 14212 CLARISSA TORRES 8861 94.7 Hutch Tech 30 Ires/Jose Torres 420 Fargo Ave. 14213 ALEXIS C. SYKES 8862 99.3 Citv Honors 81 Michele Madding 285 Hastin s Ave. 14215 PHUNG NHU TRAM 8853 97.7 Hutch Tech 45 Viet Tran 15 Hawiey St, 14213 CARENA SCHERECE VALENTINE 8864 95.7 McKnley 37 Deltha Valentine 277 Oakmont Ave. 14215 SHAQUILLE VALENTINE 8865. 92.3 Citv Honors Westminster Jennifer Valentine 86 Dartmouth Ave. 14215 CHARLES LEE VERRASTRO 8866 97.3 Hutch Tech 95 Joseph Ver astro 18 Glendhu Pl. 14210 ,ALEXIS WALKER 8867 93 M 59 Lanette Harris 69 Goulding Ave. 14208 BETHANY C. WALTON 8868 96.3 City Honors BUILD John Walton 238 Oty mpLc . Ave. 14215 YING WEND 8869 95 Hutch Tech 19 Hou Teng Zhau 839 Tonawanda St. 14207 DAVONTE' JHAMERE WHITE 88701 94.7 DaVinci 1 53 ITeresa Locke 140 Winslow Ave. 14215 ALEXIS CHANELLE WILLIAMS if 88711 95 Hutch Tech 97 1 Karen Williams 151 Butter Ave. 14204 00034 MEMORANDUM TO: Gerald Chwalinski FROM: Councilmember Kearns DATE M.arcb2, 2009 RE: Letter from Margaret Ovet re NFTA ROW parcels from Michigan Avenue to Smith Street. I would like to file the attached information for the next Conu - non Council meeting to be held on March 3, 2009. Thank you. f � Con unity Association Serving the Buffalo River Community With Cliil.d Carc Youth Services Sctlior Programs hamily Support Services Community I vellis mid Ncibhborhood Beautification Projects February 27, 2009 Mayor Byron :Brown City Hall Buffalo, NY 1.4202 Dear Honorable Mayor: Pursuant to our conversation I atn reiterating the need .for the City of Buffalo to acquire the NFTA right of way that irncludes parcels from Michigan Avenue to Smith Street and runs parallel to South. Park Avenue. 'I'Irese properties which were the former rail Tines for the old DLW Railroad are now up for sale by the NFTA. Upon meeting with Ruth. Keating, a real. estate lawyer .fronn NFfA, I learned that NFTA did give notice to the City of Buffalo for right of first refusal. She indicated that NFTA received no response fron`r the City. It would be a travesty if this right of way is sold off and the City loses control of what could be an important piece in the development of the City, in particular, the Old First Ward. and Valley neighborhoods. I am not quite sure the legality of this sale but I urge your irnrnediate attention and careful review by the Law Department. The Valley Community Association is concerned as this property runs through our neighborhood and is part of the Valley Nature Park and Habitat `.I~rail on the Buffalo River behind our center. Your attention to this matter would be greatly appreciated. Sincerely yours, Margaret Ov• - loaf Executive Director cc. Councilman Dave Franczyk Council Mickey Kearns REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL; 1 4 1 ,. New York State Department of Environmental Conservation Division of Environmental Permits Region 9 270 Michigan Avenue, Buffalo New York, 14203 -2915 0 0 0 Phone: (716) 851 -7165 - Fax: (716) 851 -7168 Website: www.dec,ny.gov February 19, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED Honorable Byron Brown City of Buffalo 65 Niagara Street - Room 201 Buffalo, New York 14202 Dear Mayor Brown: Alexander B. Grannis Commissioner SEAR LEAD AGENCY COORDINATION BATTAGLIA TRANSFER STATION 1537 -1055 SENECA STREET CITY OF BUFFALO, ERIE COUNTY This is to advise you that the New York State Department of Environmental Conservation (the Department) has received an application from Battaglia Demolition, Inc. to modify the Solid Waste Management Facility permit for the facility located at 1037 -1055 Seneca Street. The modification application involves an increase in the facility's approved design capacity from 3800 tons per month to 1600 tons per day, a request to handle municipal solid waste, recyclable materials, yard waste and land clearing debris.(in addition to construction and demolition debris), utilization of a 13,000 sq. ft. building addition, installation of a second entrance to Peabody Street, and a change of operating hours from 7:00 a.m. - 6:00 p.m. Monday through Friday and 7:00 a.m. - 1:00 p.m. on Saturday to 6:00 a.m. - 6:00 p.m. Monday through Saturday (for waste receiving and handling) and 6:00 a.m. - 8:00 p.m. Monday through Saturday (for waste Dandling). In addition, the application materials identify the potential of future rail transfer operations. In accordance with 6NYCRR Part 617, the implementing regulations for the State Environmental Quality Review Act (SEQR), we have identified the proposal as an "Unlisted" Action and have elected to undertake a coordinated review of this action. The purpose of this letter is to inform you that a lead agency must be agreed upon within 30 days of this letter and to request information and comments regarding any project impacts which should be addressed in the SEQR review. Preparation of an Environmental Impact Statement or issuance of a Determination of Non - Significance must be done after designation of an appropriate " SEQR Lead Agency ". It is the Department's position that a "Positive Declaration" a Notice of Determination of Significance, and preparation of a Draft Environmental Impact Statement is appropriate for the review of this proposal since significant adverse local impacts such as odors, noise and truck traffic may result from this proposal. Mlayor Byron Brown February 19, 2009 Page 2 of 2 The Proposed modifications are described in the enclosed bound document: Part 360. Solid Waste Management Permit Application, Long Environmental Assessment Form, Draft Environmental Impact Statement (DEIS) Scoping Outline, Engineering Report, Operations and Maintenance Manual, and Environmental Justice Public Participation Plan. Please review this material and reply by March 23, 2009. If no reply is received by this date, we will assume you have no comments to make at this time. If you have any questions, please contact me at (716) 8517165. Sincerely, Steven J. Doleski Regional Permit Administrator DSD:vm Enclosure cc: Mr. Mark Hans, NYSDEC Buffalo (w /o enclosure) Mr. Drew Eszak, Acting Director of Planning, City of Buffalo (w /o enclosure) Mr. Gerald Chwalinski, City Clerk, City of Buffalo (w /o enclosure) Mr. Peter Battaglia, Battaglia Demolition Inc. (w /o enclosure) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSES i State of New York OT DA New York State Jobs Program Western Regioit 284 Main Street Buffalo, NY 14202 Center for Employment and Ecollontie supports Buffalo Common Council Human Resources Dept. 65 Niagara Sq Rm 1316 Buffalo, NY 14202 Dear Sir or Madam: / /J / - _ t A) y S Since January 2008, one or more of our program participants have become employees of your business. We would like to continue to help you meet your entry level workforce needs and at the same time add to your bottom line. How? Jobs Program Services Our services remain the same: We are able to carefully pre - screen prospective applicants prior to referral for your current job openings. This means interviewing only appropriate candidates. My Benefits The Office of Temporary and Disability Assistance (OTDA) is providing information to assist Working Families in accessing valuable resources to help make ends meet. The information provided from various New York State Agencies includes: program descriptions, eligibility requirements, benefits and how to apply. We believe employers have an important role to play in giving employees access to work support programs that can help them bridge the gap between their income and the high cost of living. When working families can avail themselves of programs that provide a significant degree of economic stability with reduced inconvenience and red tape, everyone benefits. When low -wage workers are able to supplement their income, feed their families, arrange dependable child care and acquire medical care, they will be more dependable, stable and valuable employees. What can employers do to help promote work supports? • Post information on bulletin boards • Make brochures available • Develop a resource area • Add to company's HR website • Include stuffers with paychecks( ex: Earned Income tax credit information) 1�9' By visiting the website myBenefits one can quickly find out information on: • Food Stamps • Nutrition Programs • Home Energy Assistance Program( HEAP) • Weatherization Assistance Program • Child Support Programs • Child Care Subsidies • Tax Credits • Volunteer Income Tax Assistance • Health Programs Federal and State Tax Credit Virtually all of our customers are pre - certified for a combination of federal and state tax credits which can reduce your tax liabilities by thousands of dollars. At your request, we can forward the details regarding these credits directly to you or your accounting department. Making the Jobs Connection For recruitment assistance or more information on myBenefits, your Human Resource Representative may contact Mary An Koche Workf orce Program Spe cialist, at_(71�)_851._2 Based upon your business requirements, Jobs Program staff will screen, interview and refer qualified candidates. Applicant pre - screening, job placement, post employment and pre - certification of tax credits are no cost to employers or job seekers. We would welcome the opportunity to work with your business once again. Listed below is our contact information. Call us for information on how we can help your business meet its entry level staffing needs and assist your existing staff information on work supports for families. Thank you for your time and future support. Sincerely, Mary Ann Kochersberger Workforce Programs Specialist 1 REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OE HUMAN RESOURSES 257 E:LMWOOD AVENUE, SUITE 201 0 BUFFALO, NY 14222 Phone: 716- 852 -0883 FAX: 716 -852 -3573 -9 L 264 AF T-Cl` O FiCF rS: WILT -tAM TRAVIS President SEAN CARNEY 1st Vice- President SUZANNE PICCOLO 2nd Vice - President JOSEPH COUGHLIN Secretary/7'reasurer DOREEN LEIDOLPH Recording Secretary JOSEPH BOTTICELLO 'ergeanr ar -ilrms Demone Smith Councilman. 1316 -A City Hall Buffalo, NY 14202 February 18, 2009 E,XFC€1'1'JVE BOARD; Dear Councilman Smith: Per our conversation with Council President Franczyk, Councilman Montana, and yourself on 2117109 regarding the transfer of City Parks back to the City, enclosed is a copy of the Memorandum of Understanding from July 2004. Of particular importance is page 8, section 7, WILLIAM ORR, SR, Also, AFSCME Local 264 is suppose to be part of any committee regarding the City of Buffalo transfer of Parrs back to the City" We are several months away from the June DEBBIE BLANDO 30 "' date - ,vhich the County has agreed to operate the City Parks. If the County is Housing Authority not going to coimiiu�: after June 30 then we should be meeting so that an MALCOLM VANKOUGHN�)%erly tr ansfer may or of Education .® I am sure that equipment needs to be purchased, various supplies ordered, and proper worksites established. Those discussions should be taking place unless the County is willing to continue the progran3. We are open for any discussions on the future of the City Parks, Sincerely yours, William Travis President WT:clk. cc: D. Franczyk S. Carney " FERRED TO THE SPECIAL COMMITTEE ON PARKS OVERSIGHT �•� t; � C at) L� 0— i Q City of Buffalo Blue Collar Employees '1 Buffalo Municipal Housing Authority Blue Collar, White Colaa? a1Jd Ma€ lagers / Board of Education - Food Service Workers, Cook Managers and Service Center Empimees C OLE, So p "..' " SZYMANE . SORRENT'NO -KANIA Associated With; CONN10A. LOZINSKV VILLARINI & NENRY WENDY JUERGENS Legal Assistant LINDA WIEDRICK. Legal Assistant AT-rORNEYS ArNER Bc GAM-IN., P 37 FRANKLIN sTgEE7- SC11TE 900 BUFFALO, NEW YORK 14202-4196 TELEPHONE (716) 856-3646 (800) .206 09 46 - - -- ..______._- �_______- FAX (716 $54.2531 T HAMBURG OFFICE FAX (716) 856.3656 16 MAIN STREET e - Mail: i @ HAMBURG NEW YORK 14075 cole sorrenfino. corn web site: wwwxole• 856 3646 sorr et?firlo.Cor n July 1 j, 2004 NIAGARA FALLS OFFICE 2524 FINE AVENUE NIAGARA FALLS, NEW YORK 14301 28 5 -2911 William Travis E i' iden AFSCA4 t Local 264 257 Elmwood Ave - Ste 201 Buffalo NY 14222 Re ' Transfer ofParks Dear Bill. 13A7AVIA OFFICE 104 BANK STREET "ATAVIA, NEW YORK 14020 (S85) 345 -1009 I am enclos }r for y a Brew on- records. zth the final MemoraadLi. of Understa along with the attached Ex. eryt urs, A Jerr A. Gambino JAG kt 0 Final 7/1/04 SCHEDULE 2 MEMORANDUM OF UNDERSTANDING - between the - CITY OF BUFFALO, STATE OF NEW YORK -and the - COUNTY OF ERIE, STATE OF NEW YORK -and the - AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 264, AFL -CIO -and the - AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 650, AFL -CIO for the transfer of Parks and Recreation functions from the City Of Buffalo to the County of Eric THIS AGREEMENT, made and entered this 1 day of L-1-4, 2004, among the COUNTY OF ERIE (hereinafter referred to as the "County ") , a municipal subdivision of the State of New York, with offices at 95 Franklin Street, Buffalo, New York 14202, the CITY OF BUFFALO ("City") , a municipal subdivision of the State of New York situated in Erie County, with offices Located at 65 Niagara Square, Buffalo, New York 14202, the AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 264, AFL -CIO (""AFSCME 264 "), a collective bargaining agent representing certain job titles in the City Department of Public works, Parks and Streets, with offices located at 257 Elmwood Avenue - Suite 201, Buffalo, New York 14222, and the AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL 1 Final 7/2/04 EMPLOYEES, LOCAL 650, AFL -CIO ( "AFSCME 650 "), a collective bargaining agent representing certain titles in the City Department of Public Works, Parks and Streets, with office' located at 65 Niagara Square, City Hall, 22nd Floor, Buffalo, New York 14202. WITNESSETH: WHEREAS, the City and the County have historically operated separate parks departments, and WHEREAS, the City and the County have studied the feasibility of having the County operate, manage and improve the City parks and recreation facilities, and WHEREAS, the City and the County are entering into an inter- municipal agreement for the management and operation of the City parks and recreation facilities, and WHEREAS, New York State Civil Service Law 5 70 provides for the orderly transfer of personnel from one civil division of the state to another civil division of the state upon the transfer of said functions, and WHEREAS, to effectuate said transfer of functions, the City desires to transfer all of its permanent Department of Public Works, Parks and Streets - Division of Parks and Recreation personnel who are substantially engaged in the performance of the functions to be transferred, and WHEREAS, as soon as possible after the adoption of the resolution or local law directing such transfer of function, but not less than ter (10) days prior to the effective date of such 2 Final 7/1/04 transfer, the Mayor of the City shall certify to the County Executive a list of the names and titles of those employees substantially engaged in the performance of the. functions to be transferred, and shall cause copies of the last to be furnished to each such employee, and to be publicly and conspicuously posted in the offices of the City Department of Public Works, Parks and Streets, along with copies of Cavil Service Law, § 70, and WHEREAS, any employee of the City Department of Public Works, Parks and Streets from which the function is to be transferred may, prior to the effective date of such transfer, protest his or her inclusion in or the exclusion from such list by giving notice of such protest in writing addressed to the Mayor of the City and the County Executive, which notice shall state the reasons for the protest, and WHEREAS, the County Executive or his designee shall review the protest and after consultation with the Mayor or his designee shall notify the protestor within, ten (10) days of receipt of such protest of the determination with respect to such protest, and such determination shall be a final administrative determination, and WHEREAS, failure to make such protest shall. be deemed to be a consent to inclusion or exclusion from the certified list of employees engaged in the functions to be transferred, and WHEREAS, officers and employees so transferred shall be transferred without further examination or qualification, and shall 9 Final 7/1/04 retain their respective civil service classification and status, and WHEREAS, all officers and employees so transferred shall., thereafter, be subject to the rules of the Erie County Personnel Commissioner and become members of the bargaining unit appropriate to their title, as indicated next to their name in � 6 hereof, with the rights, benefits, and protections provided by the Civil Service Law and the applicable collective bargaining agreement, and WHEREAS, such officers and employees transferred to the County pursuant to Civil Service Law, 5 70 and this Memorandum of Understanding shall be entitled to full seniority credit for all purposes for service rendered prior to such transfer from the City, and WHEREAS, the County health insurance and dental coverage are not available until the first full month after employment with the County, the City shall provide medical and dental insurance coverage under existing terms and conditions for transferred City employees until the employees are eligible for and are receiving County health insurance coverage, and WHEREAS, the parties hereto are executing this Memorandum of Understanding conditioned upon the execution of the intermunicipal agreement to which it is attached as Schedule 2, NOW THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereby agree as follows: 4 Final 7/1/04 11 The County will hire those employees listed in paragraph 6 into permanent positions in such titles as they currently occupy (or such titles as they may be from time to time changed or modified consistent with Civil Service Law) indicated in said paragraph 6 and at compensation rates as have been agreed upon by the parties, as noted in paragraph 6 herein below. 2. The City Parks personnel named herein shall be transferred to the County and shall be credited with and entitled to full seniority credit for all purposes with the County for services rendered in the City civil service (including BMHA, Buffalo Beard of Education, Buffalo Sewer Authority, and BURA) prior to this transfer, and shall receive credit with the County for time served in City civil service for all purposes, including but not limited to seniority, vacation credit, personal leave credit, vacation selection to the extent consistent with the respective County labor agreements, sick leave credit, promotions, health insurance, health insurance upon retirement, pensions, vacation, sack, and personal leave accumulation, salary and wage, and any applicable contractual provision involving seniority, except as may be otherwise set forth in paragraph 6. At the time of transfer to the County, the City shall pay to each transferred employee longevity pursuant to the appropriate cba, in an amount pro -rated from the last date longevity was paid. 3. The officers and employees transferring under this Memorandum of Understanding shall receive: (1) credit with the Pinal 7/1/04 County for as much vacation leave, sick leave, personal leave, and compensation leave (from overtime) as they have standing to their credit with the City at the time of transfer up to the maximum amount permitted by County collective bargaining agreements or by County personnel policies and rules to the extent they apply, and (2) compensation from the City for as much vacation leave, sick leave, personal leave, and compensation leave (from overtime) standing to their credit with the City at the time of transfer as exceeds the amount of accruals transferred. Effective July 1, 2004, employees shall accrue such leave, without any waiting period to commence accumulating the same, in conformance with the respective collective bargaining agreement (cba) which governs their terms of employment with the County, and with County personnel policies and rules to the extent they apply. such leave balances shall not exceed the maximum amount permitted by County collective bargaining agreements or by County personnel policies and rules to the extent they apply. Those employees who were hired by the City before July 1, 1980 (for AFSCME Local 650 employees) and before January 1, 1981 (for AFSCME Local 264 employees) shall receive credit for six ( 6 ) personal days on June 30, 2 0 04 . On June 30, 2004, the City shall credit all other employees with a pro -rata share of personal leave as has accrued since each employee's last receipt of such personal leave accruals. The City shall pay its obligations to the transferred emplovees named herein by July 30, 2004. G I, Final 7/1/04 4. The City shall pay to the County, in addition to the 2004 calendar year payment to the County, the value of all accrued leave time being transferred with the employees, said value to be based upon City salaries in effect as of June 30, 2004. The County shall be liable for all future casts for benefits governing City personnel upon their transfer to the County as set forth in the respective collective bargaining agreements, personnel policies and practices of the County. 5. All employees who are eligible and wish to retire within five (5) years of their transfer to the County must return to the City for the purpose of retiring from the City with then- applicable retiree health insurance under the City collective bargaining agreement teat would be applicable to theta had they retrained City employees. All vacation, sick, personal, and comp time accruals standing to the credit of such eligible employees at the County will be handled as for retirees pursuant to the terms of the applicable County collective bargaining agreement at the time of their return to the City. The City shall continue to budget the titles of all employees until the earlier of their actual retirement date or June 30, 2009, so as to afford those employees the opportunity to receive from the City the then- applicable retiree health insurance. County service pursuant to this Memorandum of Understanding shall count as City service and shall not constitute a break in such City service. This paragraph 5 as regards health insurance is enforceable at the time of retirement 7 r� t� Final 7/1/04 under the applicable City union collective bargaining agreement. This paragraph S is effective only to the extent that the provisions herein are not in violation of any current New Yoriz State laws or regulations. 6. Employees, with original dates of hire by the City, permanent civil service appointment dates, and their work titles and compensation rates upon hire into County service, together with the name of the bargaining unit to which they are anticipated to belong following transfer to the County, are as follows: APPENDED HERETO AS EXHIBIT "A" IS THE REFERENCED LIST OF EMPLOYEES, WHICH LIST IS PART OF THIS AGREEMENT N L Final 7/1/09 date of this Memorandum...of Understanding shall not impair in any way each bargaining n. Unit'? s excl vi . to those du' .ties 8. The City shall certify as to the accuracy and completeness of paragraph 6 as of the effective date of this Memorandum of Understanding, except for the County rate of pay, which the County shall certify as accurate. 9. The City agrees to reimburse AFSCME 650 the sum of $6,500.00, and to reimburse AFSCME 264 the sum of $16,000.00, within two weeks of the effective date of the transfer. 10. This Memorandum of Understanding (appended as Schedule 2 to the Intermunicipal Agreement) shall be enforceable through the grievance and arbitration provisions in the collective bargaining agreement applicable to the employee or union alleging a breach of the Memorandum of Understanding. The following enforcement mechanism shall apply for sixty (60) days following the effective date of this Memorandum of Understanding for those transferred employees whose County bargaining representative has not agreed to grieve and arbitrate a dispute arising under this Memorandum of Understanding: In the event of a breach by the County or by the City of any provision of this Memorandum of Understanding, an employee identified in 1 6 of this Memorandum of Understanding who is aggrieved by such breach may demand, within 60 days of the breach or knowledge of such breach, whichever event is later, that the matter proceed to 9 I�, 4 Final 7/1/44 arbitration. written notice of intent to. arbitrate shall be given to the Erie County Labor Relations Director and to the Buffalo City Commissioner of Human Resources. At such time, the Erie County Director of Labor Relations shall cause a notice to be sent to Mary Helenbrook of the New York State Employment Relations Board so that she may serve as arbitrator of the controversy_ The arbitrator so designated shall serve without fee and have the authority to interpret this Memorandum of Understanding, determine whether a breach occurred, and order a remedy. The arbitrator's decision and award shall be final and binding upon the County, the City, and the employee. After the sixty -day period, this Memorandum of Understanding may be enforced in New York Supreme Court by any transferred employee, who shall be a third- -party beneficiary of this Memorandum of Understanding. 11. This Memorandum of Understanding is subject to ratification by the membership of both AFSCME Local. 264 and AFSCME Local 650. 12. in entering into this Memorandum of Understanding, AFSCME Locals 264 and 650 do not waive any rights they may have with respect to future layoffs or transfers by the City of work performed by bargaining -unit members, nor shall this Memorandum of Understanding be used as a precedent in any proceeding arising from any such future layoff or transfer. Further, this Memorandum of 10 Pina1 7/1/04 Understanding shall not be construed as a waiver by Frank Salvo and William Burfee of any back pay and /or lost benefits claim as a result of the arbitration award of Thomas N. Rinaldo dated April 18, 2004 in Grievance No, CB- 60 -03. 13. Employees identified in 1 6 shall receive medical insurance and dental insurance in conformance with the County cba that governs their terms and conditions of employment_ The County shall ensure that all such employees receive such medical and dental benefits within 30 days of the transfer, and will further ensure there is no lapse of coverage for any such employee. The City shall pay to employees receiving payments in lieu of medical insurance and /or dental insurance pursuant to their collective bargaining agreement the amounts set forth in the respective City cba. The City shall make a pro rata payment to such employees for the "in lieu" payment that applies through to the end of July 2004. 14_. The parties have satisfied all their bargaining obligations under the Taylor Law with respect to the subject of this Memorandum of Understanding_ AFSCME Local 264 and AFSCME Local 650 agree not to file against the City any grievances or any improper practice charges with PERB over the subject transfers or the effect of such transfers. 11 Final 7/x/04 COUNTY OF ERIE Joe 'T' A.,iOrziambra CountyP Executive ACKNOWLEDGEMENT n this r "` day of July, 2004, before me personally appeared J , to me personally known, who being by me duly sworn did depose and say that he has offices at the Erie County Rath Building, 95 Franklin Street, Buffalo, NY 14202; that he is the ; ;./, Executive of the COUNTY OF ERIE, the governmental icorporation described in and which executed the within instrument, and that he was duly authorized by resolution of said corporation to execute the foregoing instrument on behalf of such corporation. 'Notlary Public State of New_/Yorl{ CITY OF BUFFALO / Anthan M. as ello Mayor KATHLEEN E. O`HARA NOTARY PURLK", State of New York Qualified in Erie Uoufl[y My Commission Expires April 30, Dated: I ACKNOWLEDGEMENT On this r day of July, 2004, before me personally appeared ANTHONY M. MASIELLO to me personally known, who being by me duly sworn did depose and say that he has offices at Buffalo City Hall, 65 Niagara Square, Buffalo, NY 14202; that he is the Mayor of the CITY OF BUFFALO, the governmental corporation described in and which executed the within instrument, and that he was duly authorized by resolution of said corporation to execute the foregoing instrument on behalf of such corporation. Notary Public State of New York , CDANNE CAVALIERI 12 :Jolary Public, State of New Fort: C In Erie County my commission Expires Jan. 31, 20 C ; / Final 7/1/04 Dated. I thl,een E. O'H' r Director of Labor Relations ACKNOWLEDGEMENT On this P r day of July, 2004, before me personally appeared KATHLEEN E. O'HARA, to me personally known, who being by me duly sworn did depose and ,say that she has offices at the Erie County Rath Building, Division of Labor Relations, 95 Franklin Street, Suite x.675, Buffalo, NY x.4202; that she is the Director of Labor Relations of the COUNTY OF ERIE, the governmental corporation described in and which executed the within instrument, and that she was duly authorized by resolution of said corporation to execute the foregoing instrument on behalf of such corporation. ERPIFBT J. GAVVINSKI State of NBVVYork r•. €� . 2 A5027:383 rte County ; John Greenan 'Commissioner of Personnel ice; ` ; �� .• - � 4 � x - Noti . r Publdic State of N`ew York Dated: 7 /1D V i ACKNOWLEDGEMENT On this j day of July, 2004, before me personally appeared JOHN GREENAN, to me personally known, who being by me duly sworn did depose and say that he has offices at the Erie County Rath Building, 95 Franklin Street, Buffalo, NY 14202; that he is the Commissioner of Personnel of the COUNTY OF ERIE, the governmental corporation described in and which executed the within instrument, and that he was duly authorized by resolution of said corporation to execute the foregoing instrument on behalf of such corporation. Ndtary Public '' State Of NqIr York � J s t Final 7/1/04 AFSCME LOCAL 264 7:/, William Travis, President Dated; ACKNOWLEDGEMENT On this scLL day of July, 2004, before me personally appeared WILLIAM TRAVIS, to me personally known, who being by me duly sworn did depose and say that his offices are at 257 Elmwood Ave., Suite 201, Buffalo, NY 14222, that he is the President of AFSCME Local 264, the entity described in and which executed the foregoing instrument; that he was authorized to sign said instrument by the Executive Board of Local 264 and he signed his name thereto by said authorization and that he was authorized to and signed the foregoing instrument on behalf of AFSCME Local 264. a- �'!t'77 7-77, Notary Public `j'V' State of New York AFSCME .LOCAL 650 yy � iy Michael Drennen, President Dated. ACKNOWLEDGEMENT On this of July, 2004, before me personally appeared MICHAEL DRENNEN, to me personally known, who being by me duly sworn did depose and say that his offices are at 22nd Floor, Buffalo City Hall, 65 Niagara Square, Buffalo, NY 14202, that�e is the President of AFSCME Local 650, the entity de ribed - and which executed the foregoing instrument that'he was autho.a. to sign said instrument by the Executive v r f aids' Local 6 7 0 t Id 1 signed his name thereto by said authorization! and that hO s authorized to and signed :the foregoing instrument on behal of AFSCME Local. 650. ROSERTJ.REDEN Notary,Publdc — Notary Public State of New Ybrk . No. 4829470 Re S tat � of Ndw York Oualil -ed in Erie County My Commission Expires July 31, 20 tom%. 14 r� '1 Final 7/1/04 Ledt1"ard A. Matarese Commissioner of Human Resources Dated: ACKNOWLEDGEMENT On this day of July, 2004, before rare personally appeared LEONARD A. MATARESE, to me personally known, who being by me duly sworn did depose and say that he has offices at the City of Buffalo, Department of Human Resources, 65 Niagara Square, Room 1007, Buffalo, New York 14202; that he is the Commissioner of Human Resources of the CITY OF BUFFALO, the governmental corporation described in and which executed the within instrument, and that he was duly authorized by resolution of said corporation to execute the foregoing instrument on behalf of such corporation. Commissioner of Deeds State of New York Approved as to form: Assistant CPurliy Attorney Approved as to forms: e� Est Corporation Counsel for the City of Buffalo 15 6. Employees, with original dates of hire by the City, and their work titles and compensation rates upon hire into County service, together with the names of the bargaining unit to which they are anticipated to belong following the transfer to the County, are as follows: Michael A. Masiello Date of Hire /City: 10/17/94 City Title: Assistant Deputy Commissioner of Parks & Recreation — (provisional pending classification approval for exempt status) City Salary: $66,934 County Title: Assistant Deputy Commissioner of Parks & Recreation County Salary. $67,758 [MJC Unit 01 scale, JG 14 Step 5] Bargaining Unit: None (exempt) Susan M. Gonzalez Date of Hare /City: 7/12/99 City Title: Director of Recreation City Salary: $60,443 County Title: Director of Recreation County Salary: $60,547 [IvVC Unit 01 scale, JG 13 Step 51 Bargaining Unit: None (M/C) Alexander Kopecky Date of Hire /City: 1129/76 First Permanent Appointment Date: 6/19/78 City Title: Budget Examiner City Salary: $48,566 ($41,174 - $48,566) County Title: Budget Examiner Rate of Pay with County: $50,309 [CSEA JG 11 — Step 41 Bargaining Unit: CSEA, Local 815 Arlene M. Scott Date of Hire /City: 12111/00 First Permanent Appointment Date: 12 /11 /00 City Title: Stenographer City Salary: $27,784 ($25,677 - $28,493) County Tide: Stenographer Rate of Pay with County: $28,427 [CSEA JG 3 — Step 5) Bargaining Unit: CSEA, Local 815 Ronald 'Waszkielewicz Date of Hire /City: 10128/71 First Permanent Appointment Date: 4/15/71 (VET) T; IrTTr T\Ym r'"a -L B l l f! !1 A. ti I t f: 6. Employees, with original dates of hire by the City, and their work titles and compensation rates upon hire into County service, together with the names of the bargaining unit to which they are anticipated to belong following the transfer to the County, are as follows: Michael A. Masiello Date of Hire /City: 10/17/94 City Title: Assistant Deputy Commissioner of Parks & Recreation — (provisional pending classification approval for exempt status) City Salary: $66,934 County Title: Assistant Deputy Commissioner of Parks & Recreation County Salary. $67,758 [MJC Unit 01 scale, JG 14 Step 5] Bargaining Unit: None (exempt) Susan M. Gonzalez Date of Hare /City: 7/12/99 City Title: Director of Recreation City Salary: $60,443 County Title: Director of Recreation County Salary: $60,547 [IvVC Unit 01 scale, JG 13 Step 51 Bargaining Unit: None (M/C) Alexander Kopecky Date of Hire /City: 1129/76 First Permanent Appointment Date: 6/19/78 City Title: Budget Examiner City Salary: $48,566 ($41,174 - $48,566) County Title: Budget Examiner Rate of Pay with County: $50,309 [CSEA JG 11 — Step 41 Bargaining Unit: CSEA, Local 815 Arlene M. Scott Date of Hire /City: 12111/00 First Permanent Appointment Date: 12 /11 /00 City Title: Stenographer City Salary: $27,784 ($25,677 - $28,493) County Tide: Stenographer Rate of Pay with County: $28,427 [CSEA JG 3 — Step 5) Bargaining Unit: CSEA, Local 815 Ronald 'Waszkielewicz Date of Hire /City: 10128/71 First Permanent Appointment Date: 4/15/71 (VET) 4 City Title: Park Utility Worker City Salary: $31,838 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $33,752 [7G 5 Step 5 Hrly HWY/PARXS] Bargaining Unit: AFSCME Local 1095 — Unit 33 Patrick Casey Date of Hire /City: 6 /26/78 First Permanent Appointment Date: 07/01/80 City Title: Park Utility Worker City Salary: $31,838 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $33,752 [JG 5 Step 5 Hrly HWY/PARKS] Bargaining Unit: AFSCME Local 1095- Unit 33 Herbert Hachten Date of Hire /City: 6/30/72 First Permanent Appointment Date: 07/01/80 City Title: Park. Utility Worker City Salary: $31,838 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $33,752 [JG 5 Step 5 Hrly HWY/PA.RKS] Bargaining Unit: AFSCME Local 1095 — Unit 33 Michael Niedziela Date of Hire /City: 4/24/69 First Permanent Appointment Date: 07/01180 City Title: Park Utility Worker City Salary: $31,838 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $33,752 [JG 5 Step 5 Hrly HWY/PARKS] Bargaining Unit: AFSCME Local 1095 — Unit 33 Ronald Schwertferger Date of Hire /City: 1211/82 First Permanent Appointment Date: 12/01/82 City Title: Park Utility Worker City Salary: $31,838 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $33,752 [JG 5 Step 5 Hrly HWY/PARKS] Bargaining Unit: AFSCME Local 1095 — Unit 33 Paul Marranca Date of Hire /City: 12/30/85 First Permanent Appointment Date: 7/13/83 (VET) City Title: Park Utility Worker City Salary: $31,538 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $33,752 [JG 5 Step 5 Hrly HWY/PARKS] Bargaining Unit: AFSCME Local 1095 — Unit 33 Kevin Della Penta Date of Hire /City: 10/31/84 First Permanent Appointment Date: 10131/84 City Title: Park Utility Worker City Salary: $31,838 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $33,752 [JG 5 Step 5 Hrly HWY/PARKS] Bar Unit: AFSCME Local 1095 — Unit 33 Nunzio Diciocco Date of Hire /City: 116/86 First Permanent Appointment Date: 1/6/86 City Title: Park Utility Worker City Salary: $31,838 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $33,752 [JG 5 Step 5 Hrly HWY/PARKS] Bargaining Unit: AFSCME Local 1095 -- Unit 33 John Propis Date of Hire /City: 116186 First Permanent Appointment Date: 1/6186 City Title: Park Utility Worker City Salary: $31,838 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $33,752 [JG 5 Step 5 Hrly HWY/PARKS] Bargaining Unit: AFSCME Local. 1095 — Unit 33 Michael DeJames Date of Hire /City: 5/8/86 First Permanent Appointment Date: 5 /8/86 City Title: Park Utility Worker City Salary: $31,838 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $33,752 [JG 5 Step 5 Hr1y riwYirARiI'-S] Bar Unit: AFSCME Local 1095 — Unit 33 David.H. Bundy Date of Hire /Cit 11/03/86 First Permanent Appointment Date: 6/16/87 City Title: Park Utility. Worker City Salary: $28,179 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $33,752 [JG 5 Step 5 Hrly HWY/PARKS] Bargaining Unit: AFSCME 1095 — Unit 33 Mark Grad Date of Hire /City: 12/14/87 First Permanent Appointment Date: 12/14/87 City Title: Park Utility Worker City Salary: $33,838($28,179 -- $31,838) County Title: Park Utility Worker Rate of Pay with County: $33,752 [JG 5 Step 5 Hrly HWY/PARKS] Bargaining Unit: AFSCME 1095 — Unit 33 Mark P. Scanlon Date of Hire /City: 06/17187 First Permanent Appointment Date: 6111190 City Title: Park Utility Worker City Salary: $31,838 ($28,179 — $ 31,838) County Title: Park Utility Worker Rate of Pay with County: $33,752 [JG 5 Step 5 Hrly HWY/PARKS] Bargaining Unit: AFSCME 1095 -- Unit 33 Patrick Fray Date of Hire/City: 12/14/88 First Permanent Appointment Date: 2/11/92 City Title: Park Utility Worker City Salary: $31,838 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $33,752 [JG 5 Stop 5 Hrly HWY/PARKSI Bargaining Unit: AFSCME 1095 - Unit 33 Kenneth Stevens Date of Hire /City: 4116190 First Permanent Appointment Date: 816/96 City Title: Park Utility Worker City Salary: $31,838 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $32,186 [JG 5 Step 4 Hrly HWY/PARKS] Bargaining Unit: AFSCM.E 1095 — Unit 33 Jose Medero Date of Hire /City: 4/24/95 First Permanent Appointment Date: 8/12/96 City Title: Park Utility Worker City Salary: $30,923 ($28,179 — $31,838) County Title: Park Utility Worker 1 Rate of Pay with County: $32,186 [JG 5 Step 4 Hrly HWY/PARKS] Bargaining Unit: AFSCME 1095 -- Unit 33 Gaetano Agro Date of Hire /City: 5/3/96 First Permanent Appointment Date: 3/5/98 City Title: Park Utility Worker City Salary: $31,838 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $32,186 [JG 5 Step 4 Hrly HWY/PARKS] Bargaining Unit: AFSCME 1095 �- Unit 33 Jeffrey Dziedzic Date of Hire /City: 5130195 First Permanent Appointment Date: 5/29/98 City Title: Park Utility Worker City Salary: $30,009 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $32,186 [JG 5 Step 4 Hrly HWY/PARKS] Bargaining Unit: AFSCME 1095 — Unit 33 Paul Stokely Date of Hire /City: 4/5199 First Permanent Appointment Date: 5/7101 City Title: Park Utility Worker City Salary: $30,923 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $32,186 [JG 5 Step 4 Hrly HWY/PARKS] Bargaining Unit: AFSCIiTE 1095 - Unit 33 Reynald Santana Date of Hire /City: 10/26/98 First Permanent Appointment Date: 5/27/04 City Title: Park Utility Worker City Salary: $31,838 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $32,186 [JG S Step 4 Hrly HWY/PARKS] Bargaining Unit: AFSCME 1095 -- Unit 33 Jim Wilkinson Date of Hire /City: 6/22198 First Permanent Appointment Date: 5/27/04 City Title: Park Utility Worker C ity Salary: $29,096($28,179—$3 County Title: Parr Utility Worker Rate of Pay with County: $29,469 [JG 5 Step 2] Bargaining Unit: AFSCME 1095 — Unit 33 1 0!, Fernand Martinez Date of Hire /City: 12122198 First Permanent Appointment Date: 5/27/04 City Title: Parr Utility Worker City Salary: $31,838 ($28,179 -- $31,833) County Title: Park Utility Worker . Rate of Pay with County: $32,186 [JG 5 Step 4 Hrly HWY/PARKS] Bargaining Unit: AFSCME 1095 -- Unit 33 William Price, Jr. Date of HirelCity. 5123101 First Permanent Appointment Date: 5/27/04 City Title: Park Utility Worker City Salary: $30,009 ($28,179 — $31,838) County Title: Park Utility Worker Rate of Pay with County: $30,911 [JG 5 Step 3] Bargaining Unit: AFSCME 1095 —Unit 33 Phillip Swaringer Date of Hire /City: 7/27/98 First Permanent Appointment Date: 5/27/04 City Title: Park Utility Worker City Salary: County Title: Park Utility Worker Rate of Pay with County: $32,186 [JG 5 Step 41 Bargaining Unit: AFSCME 1095 — Unit 33 Gary Kelchin Date of Hire /City: 9/8/75 First Permanent Appointment Date: 512177 City Title: Greens keeper City Salary: $35,381 ($30,806 - $35,381) County Title: Greens keeper Rate of Pay with County: $38,220 [AFSCIVIE JG 9 — Step 2] Bargaining Unit: AFSCME 1095 —Unit 3 James E. Hornung Date of Hire /City: 317/88 First Permanent Appointment Date: 6/25/90 City Title: Head Stadium Groundskeeper City Salary: $37,606 ($32,530 - $37,606) County Title: Head Stadium Grounds Keeper Rate of Pay with County: 1. 1.15 [AFSC E JG 8- Step 4] Bargaining Unit: AFSCME 1095 — Unit 3 Jeffrey J. Krajnik Date of Hire /City: 12/20/77 First Permanent Appointment Date: 7/01/80 City Title: Head Grower City Salary: $35,381 ($30,806 - $35,381) County Title: Head Grower Rate of Pay with County: $37,775 [ AFSCME JG 7 —Step 51 Bargaining Unit: AFSCME 1095 — Unit 3 Andrew Rabb Date of Hire /City: 2/28100 First Permanent Appointment Date: 9/04/01 City Title: City Parks Forester City Salary: $38,221 ($36,986 - $41,971) County Title: City Parks Forester Rate of Pay with County: $39,275 [ AFSCME JG 8 — Step 41 Bargaining Unit: AFSCME 1095 — Unit 3 Mark Czajkowski Date of Hire /City: 1211/75 First Permanent Appointment Date: 6/1/73 (VET) City Title: Motor Equipment Maintenance Supervisor I City Salary: $35,381 ($30,806 - $35,381) County Title: Motor Equipment Maintenance Supervisor I Rate of Pay with County: $37,136 [Unit 33 Hrly AFSCME JG 7 — Step 5] Bargaining Unit: AFSCME 1095 -Unit 33 Thomas A. Barber Date of Hare /City: 1/30/75 First Permanent Appointment Date: 1130/75 City Title: Motor Equipment Mechanic City Salary: $32,661 ($28,999 - $32,661) County Title: Motor Equipment Mechanic Rate of Pay with County: $35,917 [ AFSCME JG 9 Hrly — Step 3] Bargaining Unit: AFSCME 1095 -- Unit 33 Mark E. Durnond Date of Hire /City: 10/02/75 First Permanent Appointment Date: 212176 City Tale: Motor Equipment Mechanic City Salary: $32,661 ($2$,999 - $32,661) County Title: Motor Equipment Mechanic Rate of Pay with County: $35,917 [ AFSCMM 1G 9 Hrly — Step 3] Bargaining Unit: AFSCME 1095 — Unit 33 David Norris Date of Hire /City: 12/9192 First Permanent Appointment Date: 9/9196 City Title: Motor Equipment Mechanic City Salary: $28,999 ($28,993 - $32,661) County Title: Motor Equipment Mechanic Rate of Pay with County: $32,369 [AFSCME JG 9 Hrly — Step 1] Bargaining Unit: AFSCME 1095 — Unit 33 Gregory Morcio Date of Hire /City: 10/24J73 First Permanent Appointment Date: 10/24/73 City Title: Park Supervisor I City Salary: $37,606 ($32,520 — 37,606) County Title: Park Supervisor I Rate of Pay with County: $40,100 [AFSCIVIE JG 8 Hrly — Step 51 Bargaining Unit: AFSCME 1095 -- Unit 33 Patrick McParlane Date of Hire /City: 4/14/80 First Permanent Appointment Date: 4/11/83 City Title: Park Supervisor I City Salary: $37,606 ($32,520 -- 37,606) County Title: 'ar.. Supervisor I Rate of Pay with County: $40,100 [AFSCME JG 8 Hrly — Step 5] Bargaining Unit: AFSCME L095 — Unit 33 Anthony Greco Date of Hire /City: 1/3/89 First Permanent Appointment Date: 1/8/90 City Title: Park Supervisor I City Salary: $36,318 ($32,520 — 37,606) County Title: Park Supervisor I Rate of Pay with County: $38,276 [AFSCME JG 8 Hrly — Step 4] Bargaining Unit: AFSCME 1095 -- Unit 33 William Durfee Date of Hire /City: 12/30/91 First Permanent Appointment Date: 12/30/91 City Title: Park Supervisor I City Salary: $38,191 ($32,520 — 37,606) County Title: Park Supervisor I (appointed to replace Salvo) Rate of P ay with County: $38,276 [AFSCNIE JG 8 Hrly — Step 41 Bargaining Unit: AFSCIVIE 1095 —Unit 33 Robert Witteck Date of Hire /City: 6125173 First Permanent Appointment Date: 10121173 City Title: Recreation Instructor City Salary: $32,070 ($28,565 — $32,070) County Title: Recreation Instructor Rate of Pay with County: $34,449 [AFSCN E JG 6 -- Step 5] Bargaining Unit: AFSCME 1095 --Unit 3 Otis Workman Date of Hire /City: 1122/86 First Permanent Appointment Date: 12/19/83 City Title: Recreation Instructor City Salary: $32,070 ($28,565 — $32,070) County Title: Recreation Instructor Rate of Pay with County: $33,116 [AFSCME JG 6 --- Step 41 Bargaining Unit: AFSCME 1095 -- Unit 3 Michael E. Daniels Date of Hire /City: 3/8/82 First Permanent Appointment Date: 1115/84 City Title: Recreation Instructor City Salary: $32,070 ($28,565 — $32,070) County Title: Recreation Instructor Rate of Pay with County: $34,449 [AFSCTIE JG 6 — Step 51 Bargaining Unit: AFSCME 1095 — Unit 3 Jeffrey Liebner Date of Hire /City: 5/19/86 First Permanent Appointment Date: 5/19/86 City Title: Recreation Instructor City Salary: $32,070 ($28,565 — $32,070) County Title: Recrcation Instructor Rate of Pay with County: $33,116 [AFSCME JG 6 — Step 4] Bargaining Unit: AFSCME 1095 — Unit 3 Gary R. Pepke Date of Hire /City: 3127/89 First Permanent Appointment Date: 3/27/89 City Title: Recreation Instructor City Salary: $32,070 ($28,565 -- $32,070) County Title: Recreation Instructor Rate of Pay with County: $33,1 16 [AFSCT, JG 6 _.. Step 41 Bargaining Unit: AFSCME 1.095 —Unit 3 Catherine A. Brozyna Date of Hire /City: 4/30/90 First Permanent Appointment Date: 4124189 City Title: Recreation Instructor City Salary: $32,070 ($28,565 — $32,070) County Title: Recreation Instructor Rate of Pay with County: $33,1 [AFS CME JG 6 — Step 4] Bargaining Unit: AF E SCN 1095 —Unit 3 Michael P. Milovich Date of Hire /City: 5/1/89 First Permanent Appointment Date: 5/1189 City Title: Recreation ,Instructor City Salary: $32,070 ($28,565 — $32,070) County Title: Recreation Instructor Rate of Pay with County: $33,116 [AFSCME JG 6 -- Step 41 Bargaining Unit: AFSCME 1095 — Unit 3 James W. Harrington Date of Hire /City: 813/93 First Permanent Appointment Date: 11 /8 /93 City Title: Recreation Instructor City Salary: $32,070 ($28,565 — $32;070) County Title: Recreation Instructor Rate of Fay with County: $33,116 [AFSCME JG 6 -- Step 4] Bargaining Unit: AFSCME 1095 —Unit 3 Gary Tomporowski Date of Hire /City:.9 /12194 First Permanent Appointment Date. 9112/94 City Title: Recreation Instructor City Salary: $32,070 ($28,565 -- $32,070) County Title: Recreation Instructor Rate of Pay with County: $33,116 [AFSCME JG 6 — Step 4] Bargaining Unit: AFSCME 1095 — Unit 3 John Fracos Date of Hire /City: 8 /I3 /01 First Permanent Appointment Date: 8/13/01 City Title: Recreation Instructor City Salary: $30,300 ($28,565 — $32,070) County Title: Recreation Instructor Rate of Pa with County: $30,472 [AFSCA� JG 6 -- Step 31 Bargaining Unit: AFSCME 1095 — Unit 3 Richard Niver Date of Hire /City; 8/18103 First Permanent Appointment Date: 8/18103 City Title: Recreation Instructor City Salary: $28,565 ($28,565 — $32,070) County Title: Recreation Instructor Rate of Pay with County: $29,143 [ AFSCME JG 6 -- Step 1] Bargaining Unit: AFSCNIE 1095 — Unit 3 Patrick N. Dunbar Date of Hire /City: 10/30/00 First Permanent Appointment Date: 8120/01 City Title: Recreation Instructor City Salary: $32,070 ($28,565 — $32,070) County Title: Recreation Instructor Rate of Pay with County: $33,116 [ AFSCME JG 6 — Step 4] Bargaining Unit: AFSCME 1095 Unit 3 Larry Nliddlebrooks Date of Hire /City: 6/27194 First Permanent Appointment Date: 6/27/94 City Title: Community Recreation Aide City Salary: $30,864 ($28,624 — X31,626) County Title: Community Recreation Aide Rate of Pay with County: $31,608 (JG 5 Step A) Bargaining Unit: AFSCME 1095 -- Unit 3 Christopher Kustra Date of Pure /City: 9/18/00 First Permanent Appointment Date: 7/31101 City Title: Community Recreation Aide City Salary: $29,363 ($28,624 — $31,626) County Title: Community Recreation Aide Rate of Pay with County: $29,363 (JG 5 Step 3) Bargaining Unit: AFSCME 1095 — Unit 3 Jaynes E. Dempsey D a r e o f Hire /City: 513100 First Permanent Appointment Date: 8JI8103 City Title: Community Recreation Aide City Salary: $28,624 ($28,624 — $31,626) County Title: Community Recreation Aide Rate of Pay with County: $29,30 (JG 5 Step 3) Bargaining Unit: AFSCME 1095 — Unit 3 J Jeffrey Conrad Date of Hire /City: 2112103 First Permanent Appointment Date: 8/19103 City Title: Community Recreation Aide City Salary: $29,363 ($28,624 — $31,626) County Title: Community Recreation Aide Rate of Pay with County: $29,363 (JG 5 Step 3) Bargaining Unit: AFSCME 1095 — Unit 3 Stephen Rogers Date of Hire /City: 10/3100 First Permanent Appointment Date: 5127104 City Title: Community Recreation Aide City Salary: $28,624 ($28,624 — $31,626) County Title: Community Recreation Aide Rate of Pay with County: $29,363 (JG 5 Step 3) Bargaining Unit: AFSCME 1095 — Unit 3 David Calamita Date of Hire/City: 3/23/93 First Permanent Appointment Date: 3/23/93 City Title: Carpenter — (competitive) City Salary: $31,838 ($28,179-$31,938) County Title: Carpenter — (competitive) Rate of Pay with County: $32,910 [AFSCME JG 7 Step 21 Bargaining Unit: AFSCME 1 — Unit 3 James Wojcik Date of Hire/City: 10/31/84 First Permanent Appointment Date: 10131/84 City Title: Supervisor of Rinks and Pools City Salary: $35,381 ($30,806 - $35,381) County Title: Supervisor of Rinks and Pools Rate of Pay with County: $37,775 [AFSCME JG 7 Step 5] Bargaining Unit: AFSCME 1095 -� Unit 3 Colleen Sumbrurn Dlate of HL---/City- 7/1180 First Permanent Appointment Date: 711180 City Title: Laborer U City Salary: $27,940 ($24,420 - $27,833) County Title: Laborer II Rate of Pay with County: $30,156 [JG 3 Hrly Step 5] Bargaining Unit — AFSCME 1095 Unit 33 ?#erixrt S. Berry Date of Hire /City: 1 1/24180 First Permanent Appointment Date: 11/24/80 City Title: Laborer 11 City Salary: $27,140 ($24,420 - $27,$33) County Title: Laborer IT Rate of Pay with County: $30,156 [JG 3 Hrly Step 51 Bargaining Unit — AP'SCME 1095 — Unit 33 Cciur�ty reserves the right to eliminate any positions named in this Agreement that become vacant as the result of retirement, promotion, termination, resignation or transfer. Thti .signatory unions do not make any representation as to the salary or civil service i f IT- nation, or rights ahsing under Civil Service §70 regarding Michael Masiello and Susap Gonzalez. T 908- BGS ail, SWO I IU 13a c` 090 A0 A I G 33 e90 c 1 1 170 10 T 617.20 Appendix A t State Environmental Quality Review i FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially - large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: E, Part 9 �✓ Part 2 Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: R A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Addition of Chap. 511 -155 - Elmwood Village Design Standards Common Council of the City of Buffalo Name of Action Name of Lead Agency David A. Franczyk Print or Type Name of Responsible Officer in Lead Agency Council President Title of Responsible Officer ignature of Responsible Officer in ead Agency Signature of reparer (If different from responsible officer) RECEIV 01 Ell 01 - 28 -09 website gate Page 1 of 21 , �- / PART 1-- PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment, Please complete the entire form, Parts A through F. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action Inclusion of Elmwood Village Design Standards in Chap. 511 Location of Action (include Street Address, Municipality and County) "Elmwood Village Design Standards District" as defined in Sec. 511- 155(B) of the Proposed Ordinance within the City orBuffalo, County of Eric Name of ApplicanUSponsor CouncilmemberJosepli Gotombelt Address 1516A City Hall: 65 Niagara Square City 1 PO Buffalo Business Telephone (716) 851 -5116 Name of Owner (if different) Address City / PO Business Telephone Description of Action: State I Zip Code Proposed Amendment to the City of Buffalo Charter and Code, Art, XXVIII, Sect. 511-137 et seq.; Citywide Design and Site flan (specifically the addition of Sec. 5 11- I55)_ The proposed Ordinance Amendment calls for the addition of the "Elmwood Village Design Standards" as Section 511 -155 of the City Code, Said section aims to create speoiiic standards and requirements for commercial property owners within the area to be known as the "Elmwood Village Design Standards District" to abide by in both now construction and alterations to existing buildings to maintain and enhance the unique character and scale of the community. The area affected by the Proposed Amendment includes the North side of North Street to the South side of Forest Avenue and from the West side of Delaware Avenue (excluding the properties fronting on Delaware Avenue) to the East side of Richmond Avenue. The attached Ordinance Amendment contains both Notice and Design standards and guidelines, created to insure that future development maintains and enhances the unique character and scale of the community and maximizes stakeholder participation in the development, renovation and rehabilitation decisions affecting the built environment of the targeted area. 'The guidelines are designed to give the City Planning Hoard sufficient discretion to maximize its ability to utilize to its expertise in approving site plans, while also providing basic standards that insure the continued growth of the Elmwood Village without sacrificing its essential character. State NY Zip Code 14202 Page 2 of 21 3. What is predominant soil type(s) on project site? a. Soil drainage: ® Well drained % of site Moderately well drained % of site. E] Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4, Are there bedrock outcroppings on project site? D Yes 1 7M No a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: 00 -1 0% % 1:110- 15% % 1:1 16% or greater % F. Is project substantiall contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? ■ Yes El No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? E Yes FNo B. What is the depth of the water table? (in feet) g_ Is site located over a primary, principal, or sole source aquifer? FYes El No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? n Yes no No Page 3 of 21 Please Complete Each Question -- Indicate N.A. if not applicable 0` A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: FD Urban r] Industrial EJ Commercial EI Residential (suburban) EI Rural (nonfarm) FI Forest A g riculture Other 2. Total acreage of project area: 59 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non - agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (freshwater or tidal as per Articles 24,25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: ® Well drained % of site Moderately well drained % of site. E] Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4, Are there bedrock outcroppings on project site? D Yes 1 7M No a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: 00 -1 0% % 1:110- 15% % 1:1 16% or greater % F. Is project substantiall contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? ■ Yes El No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? E Yes FNo B. What is the depth of the water table? (in feet) g_ Is site located over a primary, principal, or sole source aquifer? FYes El No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? n Yes no No Page 3 of 21 ,0 177 M 1 1 . Does project site contain any species of plant or animal life that is identified as threatened or endangered? LJYes I-I No ccordin to_ entif each species: 12. Are there any unique or unusual land terms on the protect stte� ti,e., CHITS, aunes, ewer geUwgicai iuiiii(JL1U11t f FlYes No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ® Yes R No yes, explain: 14, Does the present site include scenic views known to be important to the community? 11 Yes L�J 15. Streams within or contiguous to project area: a, Name of Stream and name of River to which it is tributary 15. h. Size fin acres]: Lakes, ponds, wetland areas within or contiguous to project area: Page 4 of 21 } 17. Is the site served by existing public utilities? Yes O No a. If YES, does sufficient capacity exist to allow connection? Yes No b. If YES, will improvements be necessary to allow connection? 11 Yes FNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and (Markets Law, Article 25 -AA, Section 303 and 304? Fl F-1 No 19. Is the site located in or substantial) y contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? El Yes No 20. Has the site ever been used for the disposal of solid OF hazardous wastes? El Yes n No I3, Project Description 1 . Physical dimensions and scale of project (fill in dimensions as appropriate), a. total contiguous acreage owned or controlled by project sponsor; acres. b. Project acreage to be developed: acres initially; acres ultimately. c. Project acreage to remain undeveloped: acres. d. Length of project, in miles: (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. % f. Number of off- street parking spaces existing proposed g. Maximum vehicular trips generated per hour: (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure; height; width; � length. j, Linear feet of frontage along a public thoroughfare project will occupy is? ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? tons/cubic yards. 3. Will disturbed areas be reclaimed 11Yes U No F NIA a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? E yes 11 No c. Will upper subsoil be stockpiled for reclamation? Dyes r] No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. Page 5 of 21 't1 S. Will any mature forest (over 100 years old) or other locally- important vegetation be removed by this project? r t� 0 Yes F] No &. If single phase project: Anticipated period of construction: months, (including demolition) 7 If multi- phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) C. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? D Yes . No 8. Will blasting occur during construction? 0 Yes Fm—] No 9. Number of jobs generated: during construction : after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? F Yes E No If yes, explain: 12. Is surface liquid waste disposal involved? El Yes 1�1 No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? El Yes F] No Type 14. Will surface area of an existing water body increase or decrease by proposal? E] Yes E No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? M Yes F--] No 16, Will the project generate solid waste? Fl Yes El No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? Yes No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? FlYes Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? 0Yes ENo a. If yes, what is the anticipated rate of disposal? tons /month. h. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ElYes E No 19. Will project routinely produce odors (more than one hour per day)? E]Yes FNo 20. Will project produce operating noise exceeding the local ambient noise levels? E] Yes r-01 No 21. Will project result in an increase in energy use? Fl Yes [i] No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons /minute. 23. Total anticipated water usage per day gallons /day, 24. toes project involve Local, State or Federal funding? El Yes R No If yes, explain: Page 7 of 21 I 25. Approvals Required: Type Common Council Submittal Date 0 t -20 -09 City, Town, Village Board Yes R No Interested Agencies City, Town, Village Planning Board E] Yes ... � No 1. City Planning Board 01 -28 -09 2. County Nanning Div. 01 -28 -09 City, Town Zoning Board Yes No City, County Flealth Department E] Yes E] No Other Local Agencies Yes No Other Regional Agencies Yes F No State Agencies El Yes No Federal Agencies 17 Yes F No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? Yes M No If Yes, indicate decision required: E Zoning amendment El Zoning variance New /revision of master plan Subdivision El Site plan El Special use permit Resource management plan Other Page 8 of 21 2. What is the zoning classification(s) of the site? 3. 4. 5. 6. 7. Site includes various z00ing edassificationa: including Rl, R2, R4 and C1. What is the maximum potential development of the site if developed as permitted by the present zoning? N.A. Current zoning Classifications will not change as a result of the project. What is the proposed zoning of the site? N.A. What is the maximum potential development of the site if developed as permitted by the proposed zoning? Is the proposed action consistent with the recommended uses in adopted local land use plans? I--] Yes U No Consistent with the City's 2006 Comprehensive Plan. What are the predominant land use(s) and zoning classifications within a '/4 mile radius of proposed action? R1, R2, R4 and Cl. I i i 8, is the proposed action Compatiple with aajoining/surrounuing Tana uses vv3cri a r4 rune r L I e� Lj twU 9. if the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? Page 9 of 21 r---1 7� 1 C. Will proposed action require any authorization(s) for the formation of sewer or water districts'? LJ Yes 1 0 1 No 1 1 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? R yes E No a. If yes, is existing capacity sufficient to handle projected demand? 1:1 Yes O No 12. Will the proposed action result in the generation of traffic significantly above present levels? 1:1 Yes F No a. If yes, is the existing road network adequate to handle the additional traffic. ElYes E] No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid there. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Buffalo Common Council Date 0 1-26-09 Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Rage 10 of 21 0, PA 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2 The examples are generally applicable throughout the State and for most situations. But, for any specific projector site other examples and /or lower thresholds maybe appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. ! In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers C. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impactwill be potentially large (column 2) does not mean that it is also necessarily significant Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e_ If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3 A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? NQ F,] YES n Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10 %. • Construction on land where the depth to the water table is less than 3 feet. • Construction of paved parking area for 1,000 or more vehicles. • Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface • Construction that will continue for more than 1 year or involve more than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. ® F n Yes rNo 0 D F-1 Yes F�No F F 1:1 Yes [:] No F ® 0 Yes Q No FJ n ® Yes F] No n F ® Yes ® No Page 11 of 21 1 2 3 v Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Construction or expansion of a santary landfill 0 D Dyes ® No • Construction in a designated floodway El ® F]Yes F No • Other impacts: ® ® E]Yes ® No 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) F1 NO El YES Qnarifir Ian l fnrmcr 0 F]Yes ®No Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) F] NO YES Examples that would apply to column 2 • Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a protected stream. • Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland_ flthar imnn,fc ® F] E] Yes F1 No 0 Fl Yes ®No ® n El Yes FI No ® El Yes E] No n El Yes ® No 4. Will Proposed Action affect any non - protected existing or new body of water? F. NO nYES Examples that would apply to column 2 0 El Yes No • A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface E ® m Yes 1-1 No area. • Other impacts: E F]Yes R No Page 12 of 21 5. Will Proposed Action affect surface or groundwater quality or quantity? ENO YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. • Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water supply system. • Proposed Action will adversely affect groundwater. • Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per day. • Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed Action will require the storage of petroleum or chemical products greater than 1, 100 gallons. • Proposed Action will allow residential uses in areas without water and /or sewer services. . • Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. (lthor imr�rfc ® 11 Yes F No 1 Page 13 of 21 1 Small to Moderate 2 Potential Large 3 fl Can Impact Be Mitigated by Impact Impact Project Change F] 11 0Yes ®No 0 ElYes F]No D yes ®No Yes E]No Yes E] No ® El F]Yes nNo ® F] Yes 1:1 No Dyes E] No D yes n No F] Yes ® No 11 Yes D No ® 11 Yes F No 1 Page 13 of 21 \\ 1 3 V Small to Potential Can Impact Be Moderate large Mitigated by Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? n. NO YES Examples that would apply to column 2 • Proposed Action would change flood water flows • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. • Proposed Action will allow development in a designated fl oodway. rlfhar imnaw fc El F1 ®Yes E]No ® 1:1 nYes E]No El 1 E] Yes E]No ® DYes RNo El ElYes ID No IMPACT ON AIR 7- Will Proposed Action affect air quality? nNO E] YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any Dyes F No given hour. • Proposed Action will result in the incineration of more than 1 ton El E]Yes E]No of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs, per hour El 1 FYes F No or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land El 1 ElYes E]No committed to industrial use. .a • Proposed Action will allow an increase in the density of El FYes F1No industrial development within existing industrial areas • Other impacts: El ® ElYes FNo IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? F.] NO r - YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site, or found on the site- r F E]Yes 0 No Page 14 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. 0 0 Yes E] No • Application of pesticide or herbicide more than twice a year, ® ED El Yes n No other than for agricultural purposes • Other imoacts: 0 0 Yes F] No g. Will Proposed Action substantially attect non- mreatenea or non - endangered species? M NO R YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident Q ® Yes ® No or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of 0 El Yes ® No mature forest (over 100 years of age) or other locally important vegetation. • Other impacts: F E] Yes F No IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? F1 NO R YES Examples that would apply to column 2 • The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc_) • Construction activity would excavate or compact the soil profile of agricultural land. • The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. 0 El E] Yes ® No n F] n Yes n No El El El Yes ® No Page 15 of 21 IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use 1 2 3 0 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of El E]Yes Yes D No agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such patterns, whether man -made or natural. measures (e.g. cause a farm field to drain poorly due to • Proposed land uses, or project components visible to users of F increased runoff). M Yes No aesthetic resources which will eliminate or significantly reduce • Other impacts: ® El Yes 1:1 No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) nNO RYES Examples that would apply to column 2 • Proposed land uses, or project components obviously different El El E]Yes r No from or in sharp contrast to current surrounding land use patterns, whether man -made or natural. • Proposed land uses, or project components visible to users of F ® M Yes No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or Yes No significant screening of scenic views known to be important to the area. • Other impacts: E Yes No Fhe proposed action is designed specifically to enhance and amplify aesthetic resources, while lirniting the production of kny elements sharp in contrast to the existing; infrastructure. IMPACT ON HISTORIC AND ARCHAEOLOGIGAL R[=bUUKC:kti 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? MNO YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the project site. • Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. 11 Yes R No El ® F] Yes F] No ® 1:1 Yes ® No Page 16 of 21 nthpr imnnri5" 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 1 0 Yes [:] No IMPACT ON OPEN SPACE AND RECREATION 13. WII proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? R NO E] YES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. • A major reduction of an open space important to the community • Other impacts: IMPACT ON CRITICAL_ ENVIRONMENTAL AREAS 14 Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? ENO MYES List the environmental characteristics that caused the designation of tha CFA Examples that would apply to column 2 - Proposed Action to locate within the CEA? n [--] Yes D No R No El E] Yes ®No ® n E] Yes E]No Examples that would apply to column 2 - Proposed Action to locate within the CEA? n Yes R No • Proposed Action will result in a reduction in the quantity of the El Dyes 1:1 No resource? • Proposed Action will result in a reduction in the quality of the R F] 0 Yes ®No resource? • Proposed Action will impact the use, function or enjoyment of the El D Yes O No resource? • Other impacts: ® nYes EJNo Page 17 of 21 r 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? NO [] YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. • Proposed Action will result in major traffic problems. + f)thpr imnarty El El E]Yes El No F ®Yes E]Yes n No El 0 ® Yes El No IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? . NO F7 YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use . nfhPr imnartc D E El Yes FIN( NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? NO F]YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive facility • Odors will occur routinely (more than one hour per day). • Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures- • Proposed Action will remove natural barriers that would act as a noise screen. ® D Yes D N o F ®Yes [I Yes nNo D E El Yes FIN( NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? NO F]YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive facility • Odors will occur routinely (more than one hour per day). • Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures- • Proposed Action will remove natural barriers that would act as a noise screen. other impacts: f - F L--1 1NU Page 18 of 21 Q Yes 0 No n [I Yes F1 No El 1:1 []Yes F1 No Q 0 OYes R No F 711_- M., other impacts: f - F L--1 1NU Page 18 of 21 IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19 Will Proposed Action affect the character of the existing community? NO YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the project is located is likely to grow by more than 5 %. • The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. • Proposed Action will conflict with officially adopted plans or goals_ Proposed Action will cause a change in the density of land use. • Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. • Development will create a demand for additional community services (e.g, schools, police and fire, etc.) Q nYes nNo ®Yes E]No t/ ryes 1 2 3 Dyes Flo Small to Potential Can Impact Be ONo Moderate Large Mitigated by ®No Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18 WN Proposed Action affect public health and safety? NO El YES • Proposed Action may cause a risk of explosion or release of El Q E]Yes n No hazardous substances (i e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" El E]Yes R No in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied El Dyes E] No natural gas or other flammable liquids. • Proposed Action may result in the excavation or other EJ n Dyes ® No disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. - Other impacts: R D E]Yes nNo IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19 Will Proposed Action affect the character of the existing community? NO YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the project is located is likely to grow by more than 5 %. • The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. • Proposed Action will conflict with officially adopted plans or goals_ Proposed Action will cause a change in the density of land use. • Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. • Development will create a demand for additional community services (e.g, schools, police and fire, etc.) Page 19 of 21 Q nYes nNo ®Yes E]No n ryes 1:1 No El Dyes Flo ri 1:1 Dyes ONo El El E]Yes ®No Page 19 of 21 • Proposed Action will set an important precedent for future projects. • Proposed Action will create or eliminate employment. • C)thar imnnrtq' The proposed action will insure that future development is consistent with the City's Compr€;hCDsive 'Plan and other adapted plans by preserving the character of the neighborhood. 20, Is there, or is there likely to be, public controversy related to potenuai adverse environment impacts? NO []YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change El 0 Dyes F1 No El F] El Yes 1:1 No E] Yes El No The proposed action will insure that future development is consistent with the City's Compr€;hCDsive 'Plan and other adapted plans by preserving the character of the neighborhood. 20, Is there, or is there likely to be, public controversy related to potenuai adverse environment impacts? NO []YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 a Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: ! The probability of the impact occurring ! The duration of the impact ! Its irreversibility, including permanently lost resources of value ! Whether the impact can or will be controlled ! The regional consequence of the impact t Its potential divergence from local needs and goals Whether known objections to the project relate to this impact. Page 21 of 21 0003 Y Y Y � By: Mr. Goiornoek NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE Date: 03 -03 -09 APPLICANT: City of Buffalo Common Council - Ordinance Amendment This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR -State Environmental Quality Review) of the Environmental Conservation Lave. Lead Agency: City of Buffalo Common Council City Hall : Room 1400: 65 Niagara Square Buffalo, New York 14202 Per the provisions of SEQR, the Common Council of the City of Buffalo as the Lead Agency has reviewed the following action as it relates to the environment and has determined that the proposed action described below will not have a significant environmental impact and a Draft Environmental Impact Statement will not be prepared.' Name of Action: Ordinance Amendment; amending Chapter 511 of the City Code to include §511 -1.55 - „ Elmwood Village Design Standards." Location: Area bounded by: the North side of North Street, the South Side of Forest Avenue and from the West side of Delaware Avenue (excluding the properties fronting on Delaware Avenue) to the East side of Richmond Avenue. Type of Action: Type 1 - Coordinated. Description: The Common Council of the City of Buffalo at the suggestion of the Elmwood Village Association, after intensive study and it's completion a visual preference survey, proposes to amend Chapter 511 of the City Code to include Chapter 511 -1.55, "Elmwood Village Design Standards." The Standards contain more rigorous notice requirements to insure maximum community participation in potential changes to Commercial Spaces that makeup the built environment on Elmwood Avenue within the designated area, commonly known as the Elmwood Village. The Standards also contain additional requirements and considerations for the City Planning Board to consider when evaluating commercial projects within the Elmwood Village Design Standards District. . 1 �_ As a result of this Environmental Review , st , [he Lea t- 1gency has dIcte infined Lit-,L LLIC undertaking of this action will not have a significant adverse affect on the duality of the environment. No further environmental review of this action will be conducted prior to granting or denying the approval sought and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this determination . include as follows: The two areas of potential environmental concern implicated by this amendment to the City's Ordinance to include additional design standards are potential impacts on the aesthetics and character of the Elmwood Village neighborhood, as the Ordinance amendment contemplates no specific changes to the existing built environment. There are no potential significant environmental impacts because the Ordinance Amendment keeps with the essential character of the Elmwood Village neighborhood and insures its preservation, while also including additional safeguards against potentially adverse projects by increasing public awareness .through additional notice procedures applicable to projects within the designated area and additional reviews of plans that attempt to alter the streetscape via demolition and /or rehabilitation. The combination of :increased notice and additional requirements for commercial property owners to abide by before they alter or construct commercial spaces within the EImwood .Avenue Design Standards District insures preservation of the essential neighborhood character and maintenance and enhancement of the unique character and scale of the community. For further information relative to this Negative Declaration, contact Mr. Timothy A. Ball, Assistant Corporation Counsel, Room 1102 City Hall, Buffalo, New York 14202 - (716) 851 - 4318. DATED: March 3, 2009 Buffalo, New York A copy of this Notice is being sent to: City Clerk City of Buffalo Planning Board City of Buffalo Department of Public Works, Parks and Streets City of Buffalo Economic Development, Permits and Inspections Services City of Buffalo Preservation Board City of Buffalo Environmental Management Commission City of Buffalo Zoning Board of Appeals Elmwood Village Association 2 00 'i 0 CITY OF BUFFALO Council Staff Chief of Staff James S. Pajak s Senior Legislative Assistant IV Kevin Linder 0 Senior Legislative Assistants Marite Bellfield Brian C. Bray Mark J. Jaskula William Licata Karen B. Privateer Jacqueline E. Rushton Legislative Aide James N. Jackson 2E February 2009 Burl lalo Carty Clerk Gerald Chwalinski 1308 City Hall 13uflalo NY 14202 Re: Traffic Signal Controls and Reel Light Running — Articles and Report Dear Mr. Chwalinski: ss Niagara Square, Room 1413 Buffalo, New York 1422 -3318 ])lease newspaper � � file the attached articles and report oil traffic signal controls and Phone: (716) 851 -5105 red light running for further consideration at the neat Common Council session to Fax: (716) 851 -4234 be held March 3, 2009. Your assistance is greatly appreciated. l :nclosure i„ ' t- l I! � 1!•3 � 1i ,tl, �c� 1'4.; t., ;;fir sf't The Buffalo H Traffic lights in city nood to e put in sync Date: Friday, June 20, 2008 Section: Local Edition: Central Page: D1 By Donn Fsrnonde •- NEWS STAFF REcPORTER If the city is going to bump us on one end, it needs to give us a break on the other, Mayor Byron Brown and city Iawmakers ~rant to put cameras in traffic lights. Any driver passing after the light turns red get: a Kodak moment, followed by a ticket mailed to his address. The main airs, they say, is safety -- alihough, in the same sentence, they note the extra $3 million the running -on -red fines would bring. J could get on board with the cameras if the city cared more about lending drivers a hand than it does with reaching into their wallets. It can give drivers a break by synchronizing traffic fights so folks are not constantly stopping and starting. I air all for safety. Thera is no excuse for running a light, e if it has barely turned red. But frustration is the, mother of lead- footedness. Nothing drives more drivers nuts than stopping at a light, getting back up to speed, then seeing the upcoming green light turn just before you get to it.Gas costs more than $4 a gallon. Nothing burns the precious liquid -- or causes a slow burn in drivers --- nore than constantly stopping and starting. Especially when there is a better w�Iy. The city recently got the technology to time traffic lights on its major roads. Synchronizing traffic lights would turn a stop- and -start slog into an easy cruise for drivers. It would save us gas and time, cut the number of accidents and keep the air cleaner, It would also spare us fed -up, brake -weary drivers who speed through a changing light instead of slam fOng the brake. "Coordination of traffic: signals [enables] motorists to travel through multiple intersections with minimal delay ... at great benefit to the community," noted a study by the state's energy agency. Yet lights are synchronized on only four of 11 major city thoroughfares -- South Park, Niagara, Y�I➢iam and Genesee. City officials said synchronized lights are not coming soon to other arteries -- Main, Elmwood, Delaware, Broadway, Clinton, Seneca and Exchange. "It will be another couple of years," said traffic engineer Er €r; Schmarder, "due to funding issues," I drove into downtown on Delaware Avenue with the rush -hour pack Wednesday morning. Between Delaware Park and Church Street, I hit 23 traffic lights. Eleven of them -- nearly half -- were red. Call it commutus interruptus. A modest proposal; Before putting in traffic cameras to nab irate drivers slipping thr ©ugh changing lights, the city should synchronize traffic lights on all of its major roads. "No, we are not going to do that," said mayoral spokesman Peter Cutler. "I don't buy the theory that people wn Eights because they are not synchronized ." r, Wes. l I�T littl): //172.24.15.1.02- 9080/ xmli- pc/ SAVY- Se ai- c;l i? �tctioii=( ietf- Dctc- l- 'I'ap,&dbli�t- --'.VX2008 :B_ 2/220/2009 r judging by What , See On tho ;clad �Veey 'juy 1 d (/ Ifthe city is going to play tough with drw rs, it pe- ai ?o play fair. More to the point, it needs to play srnart. B1 if aio driver;; could safe niore than $3 fnillion a year in gAa if lights tirriad on its n)€ ];or icads, according to the- ate energy Study. Add Tile value of tlni8 s %3�19d, fewer 2i�xidents and dearer "c'ilr, ai "d the an oual s ,©rild spike to more than $50 irl[Ilion. tnMoad of taking mionoy out of our pookots with trari`ic curers., cliff' louili-zing lavvbfeaXing with rliistialod iightS, the city should be h- eIpiflg us. Wqh synchronized traffic ligh,'5, notos the states study, "drivers would see a reduction in travel tinge, an increase in gas mileage and a decrease in the number of accidents." It should be the least we get for our tax dollar: .a. I wish the city got as worked up about saving us time and money as it is about playing cgotcha at traffic lights. It means less money for them -- but more tulle and money for us. e -rnaiL desmondeCu) buff new,%.corn All content herein is (D 29O9 The Buffalo Ne-vs anri rna.y not by rc- published without perrnisdc)m http:H172.24.45.102: 8080 /x irpOSAVESeardVaction- (let _I DOC +Tag & dbIiSt -TX - B... 2/20/2009 1 t (I The Buffalo Naxs Transportation counci to Study i km area's system �xtxk better Date: "Nlonday, June 12, 2006 Section: News Edition: Final Page: Al By John F. Bonfatti - NEWS STAFF REPORTER Illustration: Harry Scull Jr. /Ouffalo News The ever - changing lights on Washington Street and many other thoroughfares in downtown Buffalo are designed more to stop traffic than to keep it moving. Christina Bland drives down Chapin Parkway, reaches Ganes Circle, looks north on Delaware Avenue and' know�- immediately how her morning commute downtown evili go. If the southbound traffic on Delaware is stopped at the light on `/Vest Dinlavan Avonue, it's smooth sailing. If not, the drive will take longer. "it can be the difference between getting to work at 7A5 and getting to work at 7:30," she said. "A lot of cities I've been to out west, the lights are timed for 40 mph. It's not like that here." blare it is a wide array of traffic lights, some dating back to the 1930s and little or no coordination between numerous agencies responsible for maintaining them. "I'd give us a 'C said Hal Morse, executive director of the Greater Buffalo- Niagara Region Transportation Council, the area's main transportation planning agency. That's getter than the country as a whole. A 2005 study by the National Transportation Operations Coalition graded the performance of the country's 260,000 traffic lights at "U'- minus, There; are about 1,800 lights in Erie and Niagara counties, controlled by dozens of governments. There has never been a comprehensive analysis of how well those signal; work -- or how the systern could be improved, Morse said -- until now. The transportation council will soon hire a consulting firm to conduct such a study, which Morse hopes will be completed by the end of the year. The .study will summarize the existing system, examine potential improvornerts, analyze the costs and benefits, then prioritize, their implementation. hap :/ 1172.24.45, 102:8 08 / xm lrpc /S AVE Scat ?action- Get+ Doe J'.i'a;;&db1ist- TX2006 .I3,.. 2/20/2009 The goal is 'o then devoloP "a corn s� ,tc nt end coordino — 'e ii V ` tYaa£t1 drat ;; PG` ul;C?L to g r Ji �. and S S 1. ly I L' connect sorr:e, do some Cornpreherls -i` e reliming aiod Iriake 3C104oment ii - norovernents," said. �r Somri of thai has 11, e ady occurred. Nearly s million rn federal funds have b^en used ove rife years i0 !n8t ail igh -tech traffic lights in Buffalo, the Town of Tonawanda, Kenrnore and Clwrenc Nearly half of that money has gone into new sigriais anct computer controllers in Buffalo, City ufrcOts Commissioner Joseph Giainbra said. Many of the lights feplaced were controlled rnechariicaliy by very old q€.ipn er t. "JUSt to SHOW hOW bad they W0,18, so no. e of thorn, we had to pl.t a I bulb 1 tho controller rcrirra j iist W keep thhem warm so they wouldn't freeze in tine winter," he said. "VVe're going to a solid state controller now " He est matod nearly three - quarters of the city's 650 lights and controllers have been replaced, with the rernainder expected to be done by the end of the years. "What we're doing is upgrading our equipment so when they hire a consultant and they come o ut with a signal timing plan, our equipment will be able to handle it he said. The city and the state Department of Transportation, which between them handle the lwgest number of signals, are installing an advanced traffic management system to coordinate sigi)als during ernerrgency evacuations of roads where both have lights, such as Genesee Street. "We are behind the curve, but we are taking steps," said Torn George, executive diroctor of the Niagara International Transpottaation Technology Coalition, which monitor; area traffic and alerts motorists to problems. "With the initiatives we've got, we have the pedal to the metal." The science of traffic managerent is evolving rapidly, experts say. Computers, road monitors and video camerns allow for monitoring of traffic conditions and nearly instantaneous adjustments to smooth the flcv % A pilot program in Baltimore uses cell phone signals to pinpoint traffic tie -ups, inform driver: how much time they will lose and suggest alternative routes. There are many benefits to smoother flowing traffic, according to Tom Biahrrm, chief executive officer of the Institute of Transportation Engineers. "Each stop and start ends up consuming fuel," he said, pointing to the extra cost of buying the fuel and the extra pollution generated in burning it. "Needless to say, time has a value, too." Monroe County has one of the more evolved systems. All of the county's 1,000 signals, including about 400 on state naiads, are maintained by the county and coordinated out of a regional traffic operations center. "Around 1983, we purchased a centralized traffic computer system, which allowed for the remote monitoring of rnany of the signals, and we pant the majority of our signals on that system, said Jim Fond, associate traffic engineer for the county Department of Transportation. From the center, observers use cameras, reports from police and motorists, and sensors implanted in the road to monitor the county's busier streets. In the event of an accident, road construction or unusually heavy volume, the automatic system can be overridden. "We do interact with them on a fairly regular basis Pond said. "When you have a problem brought to your attention, you can start interacting with the signal and you can see directly the impact of what you're doing." The study in Erie and Niagara counties may suggest such a centralized approach, but Pond cautioned what littp: 102: 8080 /xrnli Search ?action )oc-"rag&dbli�t-- 'I'X2006 13... 2/20 /7000 1�o naU m|lya|mple� Rocheetp_/thon|tiu for 8ufliau^ h&) said, uNng LhediffiCuKy n/000u8naUog ouunty city andmmv: 8ovanmonto- 'Vve havm very fewPluyem," Onoofthooyp|uyemiathe DopullImonto/Tnu:mpotation.�hioh iho/eginna|v_m$p|uontor!n Rilon/oo County. In E/iomnd Niagara 000m|oo, the state takes a di0or:ntuppmach. directly maimammg942traffic mi8nm|u Roohemte/-Sty|mn*nmoVdmdonientundaronnuNe hove, but the depaament would cooperate with thc- transportation council study, said Susan Surdej, the DOT's loco! spokesWoman "As long as we have an OPPOrtUnity to work with the consultant, we have no problem with the study and welcorne having someone else review timing and have some input.'' she ouidr Giambra said the Ptudy the transportation COLITICil Will perform is overclue but Cautioned that, eGPedallY in Ole diy. there is no m|rado«uro that will kaou all d/ivmnyaaliafiod. "Ole try to got them synchronized, but it's just in)poseible to do dierri all," lie said, "VW1 all ofthem bO coordinated? No, thee'8 too many cross strmat3.^ MoTse wouldn't estimate how much the study will coct, saying he preferred to wait to see what bids oomoin. He also said it's too early to say when whatever recommendations corno forth Could be in,'AiWted. "VVe're not going to rest until everything is an 'A' " he Prol All content herein is �5 20mnm Buffalo mavis and ma not be repubfl permission, � 1V The Zed Light Running crisis Is it Intentional? Office of the Majority Leadcr U.S. House qfRepresentatives W May 2001 i f r# k 'he fed Light Funning Crisis Is it Intentional ? Executive SumrnClu j There's a hidden tax being levied on motorists today. In theory, this tax is only levied on those who violate the law and put others in danger. But the reality is that the game has been rigged. And we're all at risk. We are told to accept the idea that our laws should be administered by machines -- -not human beings — because it is a matter of .safety. We must accept this expansion of government and this Orwellian threat to our privacy because cameras are the solution to the so- called red light running crisis. This is a federal issue, not just a local one. The federal government is promoting and offering funding for this "solution ", because the safety benefits are supposed to be indisputable. After all, who's going to object? Nobody likes a red light ruri €ter. They endanger thernselves and others. They must be penalized. But why have so many people become wanton red light runners all of a sudden? The answer seems to be that changes made; to accommodates camera enforcement have produced yellow light times that, in many cases, are shortened to the point that they are inadequate. And when people come upon an intersection witl-r t;,�, Cr ied with the choice either of stoppin abruptly g c� on yellow ri5 d accident or accelerating. The options for those confrontinn�irc mu stances are limited and unsafe. But each time a dri yo,� aces thisis ciilenrrna, r'am-e --iircfeases it Ed for hitti� in th acic�� This report suggests there is something that can be done, to address this hazard. It cites examples of problem intersections where yellow times have been raised by about 30 percent and the number of people entering on red fell dramatically. it cites, in addition, controlled scientific studies that confirm the hypothesis that longer yellows are better. The following reductions in red light entries are documented: Mesa, Arizona Georgia Virginia site l Virginia site 2 Virginia site 3 Maryland 73"/o 75 "/r /9% 77% Problem "virtually eliminated Problem "virtually eliminated" It is no coincidence that each of tlx- "problem" intersections rnentioned above happened to have yellow times that fell short by about 30 percent. Today's formula for calculating yellow times yields yellow times that can in some cases be about 30 percent shorter than the older formula. Office of the House Mojorlty Leader 2 rx� S V And one should ask the question, il' there's a problem with an intersection, why don't safety engineers in the field jest go out and fix the dining? In fact, before red light cameras arrived in the United States, that's exactly what our regulations instructed them to do. If too many people enter on red at an intersection, engineers were supposed to lengthen its yellow time. But in the year that red light cameras first started collecting millions in revenue on our shores, those entrusted with developing our traffic safety regulations dropped the requirement to fix signal timing, instrt €eting engineers to "use enforcement" instead. Indeed, according to the Federal Highway Administration, these problem intersections serve as a great location to hold a press conference. The agency offers a script for local officials to exploit a tragically mistimed intersection to call for the installation of additional red light cameras and tout their safety benefits. But none of the reports that are supposed to tell r €s that red light cameras are responsible safety benefits actually say that. First, they dismiss increases in rear -end collisions associated with red light cameras as "non - significant," despite evidence to the contrary. Second, they do not actually loon: at red light intersection accidents. The latest accident study in Oxnard, California, for example, only documents accident reductions "associated with"--not caused by-- red light cameras. Although that statement has little scientific value, it does have great marketing appeal if you don't look too closely. Every study claiming red light cameras increase safety is written by the same man. Before joining the Insurance Institute for highway Safety (IIHS), he was a top transportation official in New 'York City at the time the city began looking into becoming the first jurisdiction in the country to install red light cameras. In other words, the father of the red light camera in America is the same individual offering the "objective" testimony that they are effective. A similar conflict of interest affects those entrusted with writing safety regulations for our traffic lights. The Institute of Transportation Engineers is actively involved in lobbying for, and even drafting legislation to implement, red light cameras. They are closely tied to the Insurance Institute for Highway Safety (I114S), which in turn is funded by companies that stand to profit handsomely any time points are assessed to a driver's license. In short, the only documented benefit to reel light cameras is to the pocketbook of local governments who use the devices to collect millions in revenue. We traded away our privacy for this. We gave up our constitutional protections for this. In return, we are less safe. That is the red light camera scam, and it has gone on for far too long. All documents cited in this rejwrt ai-e available online at www.fr°eedoin.gavlauto Office of the ""use Majority Leader 3 Something 1. Panne is n A local television station in Beaverton, Oregon (KOIN -TV) discovered the effects of inadequate yellow light times when investigating; the red light camera controversy in its area. The following is excerpted from a newscast broadcast February 14, 2001: ELAINE MURPHY (reporting): So it got us to wondering just how this program is working. About how many people are getting tickets and, most importantly, is there something funny about how this is set up'? MIJRPHY: So we tool{ out the stopwatch. The yellow here [where there is a red light camera] is three seconds and a fraction. It's a big intersection --we measured 111 feet across. Yet a few blocks away at 107"' and Beaverton- Hillsdale at an intersection measuring a mere 75 feet, the yellow lasts almost a second longer. Why? LINDA ADLARD (Beaverton City Official): I really don't know why that would have a different timing. MURPHY: We kept checking. The intersection with a camera, a little over three seconds for yellow. The next intersection to the east, four seconds. The one after that, four seconds. And the one after that, and the one after that. ADLARD: I think probably this is tuned this way because of the volume of traffic. MURPHY: By the way another red light running camera goes into service next Tuesday at Lombard and Allen. The length of yellow'? Three seconds. Just thought you'd like to know. It is clear from this example that there is something funny going on. This jurisdiction has been caught red - handed playing with signal timing on lights that have red light cameras. But that's just the beginning of the story. To understand why a Jurisdiction would do something like this, one needs to know a little more about the incentives behind red light cameras. Office of the House Majority Leader 4 11 a Red Light Cameras and Revenue Red light cameras raise, a treniendous amount of money for the jurisdictions that use them. It is easier to set up a camera than it 'Is to employ a human being to enforce the laic. Consequently, about 50 cities across the country in ten states issue tickets to motorists with red light cameras. And the number of c {an continues to grow. it's not surprising that local and state governments are jumping at the opportunity to collect revenue from motorists with these devices. Consider the examples below: ,�_s,e�Washingto , D.C. A single camera collected $1 million in revenue. A line item in the city's 1�Y2001 budget assumed there would be $16 million in fines collected from the 37 cameras deployed throughout the city. The Washington Post, May 19, 2000. f ,�, an Diego, CA. A single camera collected $6.8 million in revenue in 18 months. The 19 camera program as a whole has brought in nearly $30 million in the same period. San Diego Union Tribune, May 5, 2001. acramento, CA. The program collects an estimated $800,000 a year. Sacramento Bee, April 16, 2001. .�s, lentura, CA. The program will collect al) estimated $3.2 million during its first 12 months. Ventura County Star, March 29, 2001. k<,c_West Hollywood, CA. The program collects an estimated $4.9 million a year. Los Angeles Tinges, March 25, 2001. .Ksaltirnore County, MD. The program has collected $6 million as of January 2301. Baltimore Sun, January 28, 2001. ,eAloward County, MD. The program has collected $4 million. from more than 70,000 tickets issued between. 1998 to 2000. Baltimore Sun, January 28, ?001. je6.p_C�haflotte, NC. The program will collect over $1 million. Minneapolis Star Tribune, April 4, 2001. , s ew York, NY. In its first full year of operation, the 15 red - -light cameras racked up 168,471 tickets, collecting $5,435,815 in fines. Car & .Driver, May 1999. `The city last year sent out more than 400,000 tickets to drivers caught on camera running reel lights and collected $9 million in revenue, said city Department of Transportation spokesman Thomas Cocola." Neiv York Post, May 9, 2001. office of the House Majority Leader 5 Thefi es are trending upward f ee str;.;ctuzces a; c_ 'ulifnrnia_ 'rho highs st in the nation. fine rf `5271 is collected from motorists and one point is assessed against the driver's license. .� ilu;ntgomvey County, MD. "Local officials have asked the state Legislature to approve a fine increase; to $250. Current fines in the county are $75 if caught on camera." USA Today, February 6, 2001. izt na. The legislature is considering a bill to raise the fine statewide to $250. Phoenix raised a $ 125 fine to $175, plug two points against the driver's license. Arizona Republic, January 16, 2001. 4< )elaware. The fide: was raised from $25 to `575 in July 2000. USA Today, February 6, 200 Office of the tiouse Majority Leader 6 111. The Theory.4 If There's Problem, Lengthen the Yellow I'llere is no doubt that red light cameras present an attractive option for those interested in collecting additional revenue, But there may be another way to solve the red light running "crisis '—lengthening yellow times. A little yellow rn.crkes a lot of Q A case study of two intersections entitled "The Influence of the Time Duration of Yellow Traffic Signals on Driver Response" (1980), reported that a 30 percent increase in yellow time yielded substantial safety benefits. "The Results in 'fable 3 show that the extension of yellow duration reduced the frequency of potential conflicts in all cases studied," (page 27). The first site studied found an extra second and a fraction of yellow had an immediate and definitive safety pay -off: "An increase of 1.4 seconds or about 30 percent in yellow duration virtually eliminated all potential conflicts at the Maryland site," (page 27, emphasis added). Similarly, the second site in Georgia realized a 75 percent reduction in potential conflicts following a 32 percent increase in yellow time. These figure, agree with those fond in Section 4 of this report, below. The yellow light's purpose To understand why an increase in yellow has such a significant safety impact, one must consider the traditional purpose of the yellow traffic light. The yellow indication is designed. to warn a motorist approaching an intersection that the signal is about to turn red. The yellow light should be long enough for the approaching motorist to either, (a) come to a safe stop before the intersection, or (b) continue clear through the intersection before the red light appears. An inadequate yellow tine; will either prevent motorists from coming to a safe stop or force them to enter the intersection on a red tight. Neither option should be considered acceptable. Office of the douse Majorify. Leader 7 The diagram above illustrates what happens when an acitomobile approaching an intersection sees the yellow light. Drivers who are in the "Can't Go" zone as the light turns yellow know they are too far back and won't be able to reach the intersection before the light turns reel - -they must stop. Drivers who are in the "Can't Stop" zone know they're too close to the intersection to stop safely —they must proceed. But when the yellow time is inadequate, there is place in between both zones where the driver can neither proceed safely, nor stop safely. Engineers call this the "Diletmna Zone." A properly tined signal will have enough yellow time that driver's will never be faced with the impossible choice presented by the dilemma zone. B determining the stopping and clearing distances for a givers approach speed, one can always calculate a safe yellow time that offers drivers a safe option, by design, every tune. Vial if there's a probleni? Still, an engineering formula may not perfectly account for all the variables that might exist at an intersection. In such cases, the engineer has a tool, known as a countermeasure, that lie must employ to remedy the situation. Namely, the engineer roust lengthen the amount of yellow time. Even the 1985 ITE proposed recommended practice provides for this yellow time "measure of effectiveness ": When the percent of vehicles that are last through the intersection which enter on red exceeds that which is locally acceptable (many agencies use a value of one to three percent), the yellow interval should be lengthened until the percentage conforms to local standards. (Page 6.) It is the duty of an engineer to double - check his work and make sure that there is not a problem with red- light entries at each intersection. office of the House Majority Leader 8 Recd Light Camera proponents agree This truth is not dispited. Even in literature intended to promote tie [Ise of red light one finds the inescapable tenth that lengthening the yellow can be the appropriate thug to do if there's a problem. In the study "Red light Running and Sensible Countermeasures ", author Richard Retting agrees that lon�Eyel yellow tines can often substantially reduce accidents and red-- light running: ..� Signals that provide insufficient yellow intervals cause some drivers to run red lights inadvertently. However, many drivers who run red lights are provided adequate opportunity to stop safely but choose instead to proceed through a red light signal.... (Page I.) Increases in the length of the yellow signal toward values associated with the ITE- proposed recommended practice significantly decreased the chance of red - light running. (Page 2.) What is surprising is that the author, despite acknowledging that insufficient yellow causes red light running, considers red light cameras as the only solution. In the first citation given above, he makes an effort to blame motorists for running lights, even when the yellow time is inadequate. furthermore, its the report's "summary and conclusion" (page 4), "signal modification" rates only a passing; mention in half of a sentenec --- he devotes the rest of the discussion to the virtues of red light cameras. Note that the signal modification he refers to is the already shortened ITE practice, not the longer yellow tinges a properly timed intersection would use (see Section S, below), `Loriger yellow signals reduce red light running, there is no question about it,' said Richard Retting, senior transportation engineer at the Insurance Institute for Highway Safety. `I can't say with any certainty if that has any effect on crashes, but there is some evidence that longer yellows can cut down on crashes.' (Las Vegas Review Journal, October 20, 2{300.) Eighty percenl of entries occur during the first second Qf recd 'file relation between yellow time and red light running is most clearly found in the Insurance Institute for Highway Safety's study of red light running entitled "Red Light Running and Sensible Countermeasures" (1998). although the report's intention is to prove the need for red light camera enforcement, the data in the report provides additional insight into the red light running question. A chart found on page 2 of the report (summarized below) indicates quite clearly that almost 130 percent of red light entries occur within the first second of the red light indication. office of the House Majority Lender 9 c This strorigly suggests that inadequate yellow time is the major UILISC of red-fight entries. If the vast majority of red light entries occur in the first second after the yellow light expires, it is reasonable to assume an additional second of yellow time or that light will yield a nearly 80 percent decrease in reef light entries. Red Light Entries at Red Light Entries at site 1 Site 2 Hot] ly I[ourly AvV. Houdy Hourly Avg. Average (after one Average (after one second of red) second of red) 5.6 1.2 13 0.3 79% entered on first 77% entered on first second of red second of red Office of the House Majority Leader 10 F: of V. The Fact! Longer Yellow Reduces Red Entry Lll&ya, Arizona When yellow tines are lengthened at intersections, red light entries plunge, Mesa, Arizona found a 73 percent drop in citations after the yellow light was extended. Mesa increased the left -tarn yellow arrow duration to four seconds, from three seconds, on Nov. 14, after complaints from drivers who felt the time was too short to safely complete their turns. The change was made at 30 intersections with dual left -turn lanes and left -turn arrows. In November, the city issued 1,639 left -tern arrow citations at the six intersections patrolled by cameras. In December, the month after the change, the number fell to 716. In October, the month prior to the change, Mesa issued 2,645 citations. (Arizona Republic, February 6, 2001.) To most, this decrease in red - light running violations would be most welcome news. But it was not welcome news to the city of Mesa. That's because once yellow signal timing changes were made, the camera went from a money-maker to a $10,000 money- loser. The response of the local bureaucracy was typical: Meanwhile, the department will propose eliminating the three - tenths of a second grace period that [the can allows from the time a light turns red to the time the camera flashes. `We want to establish a zero tolerance policy for red light running in Mesa, "' [Mesa police Commander .Richard] Clore said. (Arizona Republic, lrebruary6, 2001.) Some of Mesa's red -light cameras are working so well that police are talking about disconnecting them... In some cases, it's only catching one person a day. [Mesa police Commander Richard] Clore said that may be because the city recently lengthened its yellow lights by a second. (4r•izona Republic, May 22, 2001.) Fairfax County, Virginia. Like Arizona, Virginia, has also seen outstanding results from increased yellow tines. In testin before the Kentucky State Senate, 1IHS study author Richard Retting reported that, on average, someone runs the red light at LJS50 in Arlington, Virginia every 12 minutes. Yet just a few miles down the road at the intersection of westbound US50 and lair Ridge, the Virginia Department of Transportation (VDOT) raised the yellow to 5.5 seconds from 4.0 seconds last surnmer. Since the change, red light running has almost disappeared at the location. This is very significant and substantial evidence to show that increased yellow times reduce entries on red at problem intersections. Office of the House Majority Leader 11 `I V. Changes in the Safety Codes Where do the problem intersect] on come from? We've seen that experience tells us that if there's a red light running problem, yellow light tines should be increased. And the theory tells us the same. So why have yellow signal times decreased? The answer is that the organizations responsible for maintaining our intersection safety codes have altered the regulations specifically to accommodate camera enforcement and decrease yellow times. The chart below provides the theoretical minirnnrn yellow clearance signal times based on speed and intersection width from the 1976 edition of the Institute of Transportation Engineers (1TE) handbook. Note that the 100 -foot intersection in Beaverton, Oregon had a 3.1 second yellow signal time in a 30MPI - 1 zone, as mentioned in Chapter 1 above. As one can see from the chart, that time would be inadequate for any condition. But it's quite prof for the red light camera installed at that location. Approac Width Speed {E13�'lll� 30' 50' 70' 90 110' - 20 18 4.4 5.6 5.7 6.4 30 3.6 _ 4.1 4.5 5.0 5.5 40 3.9 4.2 4.5 4.9 5.2 50 4.1 4.4 4.7 5.0 5.2 60 4.5 4.7 4.9 5.1 5.4 Source:: 1976 Tran.s7�ortation & t rgIJac LI ngineering han(l "00K To understand snore fully the extent of changes to the signal timing codes, one must first examine the prior forn - rula used for calculating yellow tinges. The 1976 ITE Handbook In 1916, yellow time was known as the "yellow clearance interval." This was the theoretical mmirnurn amount of time deeded for an automobile to clear the far side of the intersection from a given distance away, or corne to a safe stop. This was calculated by adding three variables: (1) Rcuction time: How long it takes, on average, to recognize the situation and decide whether to stop or continue through the intersection. Usually this is 1.0 seconds. (2) Stopping tune: This figure is calculated based upon the length of the intersection and the average deceleration rate for automobiles. (3) Time needed to clean the intersection: Based on the approach spend, how long it would take an automobile to traverse the length of the intersection. Office of the Rouse Majority Leader 12 The 1985 ITE Proposed Recommended Practice By 1985, ITE had begun to change the way signal times were calculated in the past. The first € iodif catio €v,� were published i n their "proposed Rocomi - nended Practice" a mere three years after New York City began researching how it would implement the first red light cameras in the United States. These changes were further explained in the 1989 ITE Journal article, "Determining Vehicle Signal Change Intervals." This report begins by clearly stating that the ITE's intent is to change laws across the country because, "adopting a uniform method cannot precede adoption of uniform laws" (page 27). In other words, for .red light cameras to be adopted nationwide, the laws must change nationwide. And they provide at least three methods that have as their result a reduction, in most cases, of yellow signal time as well as easy adoption of camera enforcement. 1. Their goals are not entirely safety related The goals and objectives of the 1985 and 1989 documents are clearly related to red light camera enforcement. Consider: Goal: Recommend legal definitions for the various aspects of the change interval and a defensible methodology for calculating and evaluating change intervals. (1985, page 5; 1989 page 27.) And the second signal timing objective listed: Allow easy identification of violators by law enforcement agents. (1985, page 5; 1989, page 28.) This is a strange goal for someone who wants to design safer intersections. Yet it is a perfect goal for one whose true intcnt is not safety but rather the convenient installation of a reef light camera. 2. Reduced Yellotir I.• Ignore the Aortal SI.)eed of 7raffic The first method for reducing yellow time is found on page 29 (1989) where the document states, "It may be possible to use the posted speed as the approach speed." What that means is that signal tunics would be determined by the speed limit rather than the actual speed 85 percent of traffic is traveling, known as the `W percentile speed." The result of this change in practice would be an underesti €rate of the actual speed of vehicles at the intersection. And this factor alone can result in yellow ti €ne shortfalls of 20 percent or more. The laws of physics dictate that the distance required to stop your car is based entirely on the speed at which you are traveling, not what is printed on a sign on the side of the road. No Office of the House Majority Leader 13 rational safety consideration would lead one to choose posted spc:e,d over actual speed. But it df]CS (11101vfbr a redaction in yellow light time. 3. Riedziced Yellow TL ,if )lrzee t , talo.a: iime with "all-red elearance Take the traditional definition and fori-nula for calculating flit duration of the yellow light signal. You might need three seconds of yellow to warn approaching motorists that they need to stop, and two more seconds of yellow on top of that to allow vehicles enough time to clear before opposing traffic is given the green light. The total yellow time for such an intersection would be five seconds. On page 30 of the 1989 report, the ITI proposes to tape that five seconds of yellow in the hypothetical intersection above and reduce it to three seconds of yellow, and two seconds to which all sides of the intersection are given. Yellow tune: Reaction time + Stopping time + Clearance time 1976 & Clearance time: Included in yellow tune, plus alI-reel of 1 -2 earlier seconds at the option of the engineer. The result: Entr on red h appen, but are rare. Yellow time, -- Reaction time + Stopping time 1982 -- Clearance time: Has changed from yellow to all -red. 1985 The result: Yellow is reduced by a third from "lh values, and more red entri occur. Yellotiv tune: Reaction tirxre + Stopping time 1999— Clearance time: All -reel clearance tithe is now optional. present The result: Yellow time is the same as `85, but opposing traffic gets the green while people going the other way are entering and clearing the intersection against their own red sign the red light (this is known as the "all -red period "). Eliminating that much yellow time, again, is of questionable safety value. But there is no question that in practice this method would yield an increase in the number of vehicles that enter the intersection on reel, given the two second reduction in the amount of time one would have to clear the intersection legally. Again, it is unlikely that a rational safety consideration would lead you to choose this method. But it does allow for a reduction in yellow light time. And it will increase red light running. Why? Because the light turns red faster. Changes were made: to the code specifieallyfor camera egfbrcemenl These changes are significant. But if it was not clear enough in the above documents that ITE, had cameras in mind in. 1985, they make it explicit a few years later. The 1991 ITE "Determining Vehicle Signal Change and Clearance Interval" states: When the percentage of vehicles that entered on a red indication exceeds that which is locally acceptable, the yellow change interval may be lengthened (or shortened) until the percentage conforms to local standards, or enforcement can he used instead. (Page 5, emphasis added). In other words, if too many people are running red lights, jurisdictions need not address deficiencies in intersection design or signal tithing. Instead, they can simply "use enforcement" Oftice of the House Majority Leader 14 T by putting tip a red light camera. They are suggesting creation of an intersection that will have a perpetually high level of red light rtunners l-y� design. Since enforcement by police officers wouldn't. be 24- hours a day, it is hard to conceive; that they had anything other than 24 -hour red light canter °<ts in mind. Changes in tlre yello w liel?1 f?r�?ada gat *keel to red light rtEr�nin1; The changes in the yellow signat tinning regulations have resulted in the inadequate yellow times. And these inadequate yellow times are the likely cause of almost 80 percent of red light entries, as discussed above. if we look closely at one of the intersections Retting studied, the signal at Columbia Pike at Greenbrier in Arlington, Virginia, we find that it has a measured yellow time of 4.0 seconds. This location was the second site studied in his "Red Light Running and Sensible Countermeasures." Using the 1999 formula results in a one second (20 percent) decrease in the yellow tinge compared to the 1976 formula. And, as mentioned above, according to Retting's study, 77 percent of red light entries happened in that first second the light was red instead of yellow. `Thus, if the old formula had been employed, the red light entry problem Retting studied would have been substantially reduced. Elimination of the vehicle change interval, a chronology It may be useful to consider the following excerpts from signal timing regulations that, when presented in chronological order, show a clear progression toward lowering yellow times to accommodate reel light cameras: 1985-114", "Determining Vehicle Change Intervals: A Proposed Recommended Practice," states, "When the percent of vehicles that are last through the intersection which enter on red exceeds that which is locally acceptable (many agencies use a value of one to three percent), the yellow interval should be lengthened until the percentage conforms to local standards." 1988--- Fcderal Highway Administration, "Manual on Traffic Control Devices" (MUTCD) states, "Signal Operation Must Relate To Traffic blow" section 413 -20). Note that red light camera Promoters use the opposite pfincjplc: they wish to use signals to modify traffic flow. 1994—ITE, "Determining Vehicle Signal Change and Clearance Intervals" states, "When the percentage of vehicles that enter on a red indication exceeds that which is locally acceptable, the yellow change interval may be lengthened (or shortened) until the percentage conforms to local standards, or enforcement can be used instead. " Office of the House Majority Leader 15 1976 ITE Formula 1999 ITE Formula 4.64 seconds 3.8 seconds (round up to 5) (round up to 4) intersections Retting studied, the signal at Columbia Pike at Greenbrier in Arlington, Virginia, we find that it has a measured yellow time of 4.0 seconds. This location was the second site studied in his "Red Light Running and Sensible Countermeasures." Using the 1999 formula results in a one second (20 percent) decrease in the yellow tinge compared to the 1976 formula. And, as mentioned above, according to Retting's study, 77 percent of red light entries happened in that first second the light was red instead of yellow. `Thus, if the old formula had been employed, the red light entry problem Retting studied would have been substantially reduced. Elimination of the vehicle change interval, a chronology It may be useful to consider the following excerpts from signal timing regulations that, when presented in chronological order, show a clear progression toward lowering yellow times to accommodate reel light cameras: 1985-114", "Determining Vehicle Change Intervals: A Proposed Recommended Practice," states, "When the percent of vehicles that are last through the intersection which enter on red exceeds that which is locally acceptable (many agencies use a value of one to three percent), the yellow interval should be lengthened until the percentage conforms to local standards." 1988--- Fcderal Highway Administration, "Manual on Traffic Control Devices" (MUTCD) states, "Signal Operation Must Relate To Traffic blow" section 413 -20). Note that red light camera Promoters use the opposite pfincjplc: they wish to use signals to modify traffic flow. 1994—ITE, "Determining Vehicle Signal Change and Clearance Intervals" states, "When the percentage of vehicles that enter on a red indication exceeds that which is locally acceptable, the yellow change interval may be lengthened (or shortened) until the percentage conforms to local standards, or enforcement can be used instead. " Office of the House Majority Leader 15 1999- _ITI;, "Traffic Engincering, Handbook: Fifth Edition" states, "The red clearance interval is an optional interval that fellows a Yellow Change Interval and precedes the next conflicting green interval. The red clearance interval is used to provide additional time following the Yellow Change Interval bororc conflicting traffic is released" (page =182 - ). 2000 /2001 - -- Federal Highway Administration, "Manual on Traffic Control Devices" states, "47. Iced Clearance Interval. an optional interval that follows a yellow change interval and precedes the next contlicting green interval" (page 4A -5, fart 4, Highway Traffic Signals). Yellow time is calculated froin "E. The posted speed or statutory speed limit or the 85' percentile speed on the uncontrolled approaches to tl intersection" (page 4C -3). In all the above citations, emphasis is added to the key changes. The words in italics rnark the differences between the old and new codes. Namely: 1. The "should" in 1955 was changed to "play" in 1994. 2. "Or shortened" was added to the formulation in 1994, 3. "Or enforcement can be used instead" was added in 1994. 4. "Optional" was added to the definition of red clearance interval in 1999. 5. Finally, the Federal highway Administration endorses all these changes in the December 2000 edition of the MUTCD. Office of the House Majority Leader 16 Ii VI. Why Have Report Shown a be i Overview ol'U..S. tied Li fat Camera .S0idies Jurisdictions that wish to ciaim safety as their motive for installing; reel light cameras will invariably cite studies that show the devices reduce red light running and the intersection collisions it causes. To date, the only case studies of red light running and camera use in the United States have taken place in Arlington, Virginia, City of Fairfax, Virginia anc� ©xnard, California. The studies performed at these locations share a lot in common, mostly because they were all performed by the same: researcher. Consequently, they also share many of the same flaws in nnethodology. caw to do a proper study: Australia One can see the flaws more clearly when they are contrasted with the 1995 Australian Road Research Board report, one of the most comprehensive looks at the effect of red light cameras to date. The report's conclusion is the most striking, particularly considering the American coverage of this issue: "There has been no demonstrated value of the RLC as an effective countermeasure" (page 1). And when one considers the study's methodology, one must also wonder why the same thoroughness is not found in Retting's American studies: .cs;�'omprehensive, ten-year study. The report examined accidents five years before and five years after the installation of reel light cameras. .�s 715jective. On pages 2 -3, the report points out how prior Australian studies conveniently omitted crucial data that might have undermined any pro -red light camera conclusions. Uses actual accident reports. P.r•ior Australian studies merely used accident databases to generate results and statistics. All accidents in the database marked with certain codes were deemed to relate to red light running. Unfortunately, that method assumed the accidents were always properly coded. Of the 6,200 accident report forms examined, 960 (15 percent) were found to be unrelated to the intersections studied, despite their coding. For example, accidents at an adjacent McDonalds parking lot were coded as if they took place in the nearby intersection. This shoves that conclusions based merely on accident codes can be significantly rruisleading. rs,esS'ignal Timing Considered. Although ultiMatcly urasucccssfill, the study at least attempted to document any changes in signal timing that may have occurred during the study period: Office of the House Majority leader 17 } .4 Inquiries were made of VicRoads traffic signals group about the changes at signals and it seems that the historical records have been archived, From the data that was obtained for three intersections_ it tivati aEtpal'Utlt that a number of changes had izt;Cti:l "1 place. These changes included... changes in phases as well as phase and cycle times and provisions for green arrows, The changes to the intersections were apparent, but the dates these changes took effect was not. For this reason the changes could not be related back to subsequent changes in accident frequency. Further investigation into signal changes would be worthwhile to explain some of the abrupt changes at individual RLC sites. (Page 9) Reel Light Cameras and Rear-end Accidents The ALlstralian study goes on to conclude that red light cameras tend to cause real- -end accidents. "This study suggests that the installation of the RLC' at these sites did not provide any reduction in accidents, rather there have been increases in rear end and adjacent approaches accidents on a before and after basis..." (Page 20). This should come as no surprise. The goal of a red light camera is to make people tear being ticketed if they enter a camera -- controlled intersection on red. Common sense dictates that if the desired effect of red light cameras is achieved, there will be an increase in rear -end accidents. This is because motorists fearing a ticket will panic and slam on their brakes to avoid entering an intersection. This sudden maneuver can surprise cars and trucks behind, causing a collision. The 2001 1IHS Oxnard accident study admits a connection between red light cameras and rear end accidents: Some additional rear -end crashes Haight result from non- uniforna changes in driver behavior. For example, if drivers stop more often for red lights, they may be struck from behind by drivers not intending to stop. (2001 Oxnard study, page 2.) One wonders if Rotting considers perhaps that those same individuals arc unable to stop, because of inadequate yellow tinge. The increase in rear -end accidents in this report are passed off as insignificant. But are they? These photos, found on the Oxnard, California police department website, were taken by red light ]8 UtTIC6 Of me nrause MaJorny Leacier I r "r v cameras. They illustrate rear end collisions apparently caused by motorists panic - stopping. Yellow Light Tinting As we have seen, yellow signal timing is f indarrientally linked to red light entries. The 1999 Oxnard study c;oncludos that singe red light cameras were installed that there was a 40 percent reduction in red light violations at intersections with cameras, and a 50 percent reduction at intersections without cameras. But the study did nothing to document whether signal times, including yellow light times, were held constant throughout the duration of the research. There is reason to believe, based on the Australian findings, that the signal timings did in fact change during the study. Despite; this, the author merely says that the timers were "checked" and "deemed adequate; ": The duration of� yellow traffic signal timing has been found to influence red light running at urban intersections (Rotting and Greene;, 1997). Therefore, yellow signal times at the camera sites were checked against an Institute of Transportation Engineers (1985) proposed recommended practice and were found to be adequate. (1999 Oxnard study.) The same language is used in the 1999 Fairfax and 2001 Oxnard studies. But, as discussed in Chapter 5 above, the 1985 proposed ITE yellow tithes can often be inadequate. It is reasonable to suspect they played a significant role in the red light entries that are documented it] the report. But the 1985 proposed recommended practice was not followed. The proscribed counternrteasure for excessive; red light entries is an increase in the yellow signal time (page 6 of the 1985 ITE guidelines). This was not performed. And if it had been implemented, it is likely that the pro - camera conclusion of the reports would have been undermined. Moreover, if indeed the yellow time in the three studies was set to the numeric amounts resulting from the 1.985 ITE practice, the excessive red light running that resulted tends to confirm the inadequacy of the yellow time froth the practice itself. Actual red light accidents not studied in 2001 Oxnard report Incredibly, the 2001 IIIIS Oxnard study (lid not actually study any accidents caused by red light running. "_the crash data did not contain sufficient detail to identify crashes that were specifically red light running events..." (2001 Oxnard report, page 1). Nor did it even steady accidents at intersections that have red light cameras. Instead, the study's author, Retting, merely looked at accident codes from a database over a 2 and a half-year period to claim that accidents throughout the Oxnard area dropped by about 30 percent as a result of the red light cameras. The connection between area accidents and red light cameras is only an implied connection. 'There is no scientific evidence in the report showing any demonstrable connection between the two. Office of the mouse Majority Leader 19 flfJ" 1' That is wh the 2001 report is entitled "Crash Reductions Associated With fled Light Camera Enforcement in Oxnard, California." Notice; tl t it does not say, `caused by.' But, nonetheless, the report is still used as a marketing tool to sell real light cameras. Drol)s in "violations " are no measure of success At times, jurisdictions that IIHS did not study will find other ways to "prove" the success of their reel li camera program, particularly when they wish to order additional ca►nera units. They simply cite the number of "citations" or "violations" at intersections. And they clairn red light cameras are a success if there are any redwtions. Of course, they fail to note that the number of both citations and violations given is entirely within the control of the camera operators. It's easy, for example, to turn off the camera for a period of time to achieve the desired number. The camera can be loaded with half a roll of film. Shifting the cameras around will alter the data. Cameras malfunction and are taken out of service for repairs. Signal timings, including lengthening the yellow, can happen without being reported. These are just a few of the many "tricks" or potential oversights available. It is clear, then, that the justifications given for red light camera installations are questionable. Office of the House Majority Leader 20 r` VII. Conclusion The subject of signal timing can be difficult and obscure. And for that reason, the proponents of red light cameras pave been able to escape close scrutiny. Transportation officials and engineers know that the yellow signal timing is essential to safety. The data showing this to be the case are found in their studics. Nonetheless, some have systematically and intentionally ignored the inescapable engineering fact that longer yellows would solve the so- called crisis caused by shortened yellows. Red light cameras present a perverse disincentive for local jurisdictions to fix intersections with excessive real light entries. It's hard to fix a "problern" that brings in millions in revenue. In other words, red light cameras aren't fixing a safety problcrn, they're creating one. And, with the federal government's assistance, state and local governments art undermining the vital constitutional protections our _Founders put in place. The right to face one's accuser in court and the presunIption or innocence form the bedrock of our judicial system. Camera -based law enforcen - ent can only work when these principles are ignored. We should never have allowed the personal privacy of our citizens to be undermined by these Bid; Brother devices. In the name of safety, we sacrificed our privacy. But now it is clear that we have been asked to relinquish our cherished frcedorns for an entirely empty promise. Office of the house Majority Leader 21 tf Vill. References (till docionents available cat �a;ww. freedom.gov/aulo) Signal Timing, Documents Institute of Traffic Engineers, "Traffic Engineering Handbook," Institute ref 7r•aJJic Engineers, 1905. Institute of Transportation Engineers, "Transportation and Traffic Engineering Handbook," Prentice -Hall, 1976. William A. Stimpson, Paul L. Iador, and Philip J. Tarnoff, "The Influence of the Time Duration of Yellow Traffic Signals on Driver Response," IT1:'Jozarnal, November 1980. Institute of Transportation Engineers, " Transportation and 'Traffic Engineering Handbook," Prentice -Hall, 1982. Institute of Transportation Engineers, "Determining Vehicle Change Intervals: A Proposed Recommended Practice," 1nstitiate of 'T ransPortation Engineers, 1985. ITf; Technical Committee 4A -16, "Proposed Recommended Practice: Deterrrnrning Vehicle Signal Change Intervals," ITE' Journal, July 1989. ITE Technical Council Task Force 4TF - I, "Determining Vehicle Signal Change Intervals," . Institute o/ Transportation Engineers, August 1994, Richard A. Retting, Allan F. Williams, Michael A. Greene, "Red Light Running and Sensible Countermeasures," Transportation Research Record, 1998. Institute of Transportation Engineers, "Transportation and Traffic Engineering Handbook," Institute q/'TranV,�or Engincei °s, 1999. "Manual on Traffic Control Devices ", Pedea•al Highway Adaninistration, 2000. Accident Studies David Andreassen, "A Long Tern Study of Red Light Cameras and Accidents," Atestralian Road Research Board, February, 1995. Richard A. Retting„ Allan F. Williams, Charles M. Farmer, Amy F. Feldman, "Evaluation of Red Light Cana - iera Enforcement in Oxnard, California," Accident Analysis and Prevention 31, 1999. Richard A. Retting, Allan F. Wilhan - is, Charles M. Fanner, Any F. Feldman, "Evaluation of Red Light Camera Enforcement in Fairfax, Va., USA," 17T Journal, August 1999. Office of the House Majority Leader 22 6 . Richard A. Rutting, Sergey Y. Kyrychenko, "Crash Reductions Associated with. Red Light Camera Enforcement in Oxnard, California," Insurance Institutc for Highway Safcty, April 2001. General Articles International Association of Chiefs of Police, "Selective Traffic Enforcement Manual," National Highway Trclffic Scrfely Adn , i.inistration, January 1972. Rudolph L. Popolirio, "New York City's Red Light Camera Demonstration Program," Compemlium vf'Technical Papers, 1995, Brian S..Bochn.er, "Automated I nforee.nment Rcduces Crashes," ITfs Journal, August, 1998 Richard Retting, "Statement Before the Kentucky Senate Transportation Committee on Red Light Violations and [Zed Light Cameras," March 9, 2000. Office of the House Majority Leader 23 PETITIONS March 3, 2009 CIVIL SERVICE (Bonnie E. Russell, Chairperson) n0042 v W E Appt System Analyst (Prov)(ljlter)(Strailiese)(M1S) (ccp# 12, 02/1.7) That Communication 12 of February 17, 2000 be received and Riled and that the Intermediate Salary of Joseph Strainese, 318 Southside Pkwy, Buffalo, NY 14220 at the intermediate salary of $51,601 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service.._. ' DAVIS * * _ * * * * FONTANA * * * * * FRANCZYK * * _ * * * * GOLOMBEK * * _ * * * * KEARNS * * _ * * * * LOCURTO * _ * RIVERA * * * * * * * * * RUSSELL * * * * * SMITH * * * |-~--�----1 * * * ^ � - - - [y��-�l * � * � * - - - - - [2/3 - 61 * * * [3/4 - 71 4 3 r�U0A Appt Dot; Control Officer (Prov)(Max)(Uyte)(PW) (ccp# 16, 02117) That Communication 16 of February 17, 2009 be received and tiled and that the Provisional Appointment of Timothy byte, 53 Gunnel] Avenue, Buffalo, NY 14216 at the maximum Salary of $34,928 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service. 1 *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [MAJ- 5] 2/3 - 6 ] [3J4 - 7] * * * * 9 * p * E Appt Special Assistant (HAempt)(Noswo•thy)(M) (ccp{# 17, 2117) That the above item be the same and hereby is Received and Filed ADOPTED :---_ Recommended by the Committee on Civil Service �7 ®00441) r Notices of Appointments Temp/ Prov /Perm (cep# 24, 2117) That the above item be the same and hereby is Received and Filed ADOPTED 1 5 ' Recommended by the Committee on Civil Service I\ FINANCE 1,4 (Michael P. Kearns, Chairman) 000 6 O. McFoy- Monthly Water Board Report January 2009 (ccp# 32, 2117) That the above item be the saine and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 00047 M. Kearns - Update Status of South Bflo Roof Replacement Program ( 932,213) � (ccp# 43, 2117) That the above item be the same and hereby is Received and filed ADOPTED Recommended by the Committee on Finance �0 00045 M. Kearns - Payment for South District Roof Replacement Program (47,11/12) Ccp# 47,2117) That the above item be the sa3ne and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 00040 Results of Negotiations — 1260 Genesee (Item No. 7, C.C.P., Oct. 2, 2007) (Item No. 49, C.C.P., Feb. 17, 2009) That the above item be, and the sane hereby is returned to the Common Council without recommendation. Mr. Kearns moved: 1 1Tiat the offer froni Peace, Tower and F;affli Ministries International, Inc., Pastor Gary Ch~ nce, 123 -65 147"' Street, Apt. 123 Jamaica, Ne" York, in the sun of eight thousan and f0Ur hundred dollars ($8,496.00) for the purchase bf 1269 Genesee, be and hereby iks accepted; and That the transfer tax, recording fees and cost of legal description shall he pal the pnrdiaser; and Vat the rxecutiv irector, Office of Strategic Planning be authorized to prepare the necessai �documcipa'°for the transfer of title and that the .Mayor be authorized to execute the sa l'as Recommended by the Committee on Finance Chairman TAB:rmv TAwp6 \msworcllnnvWi;i0 -2c; q-1 v Mr. Kearns moved that the above item be recommitted to the Committee on Finance ADOPTED 0001 0 a � -y BLS Course Sponsorship & Establishing of New Revenue Accounts t� (Item No. 31, C.C.P., Dec. 9, 2008) That the above item be, and the same hereby is returned to the Common Council without recomme.rldatio11. Mr. Kcarns moved: Ahat the Commissioner Of F1 -t ic, and. I )c hereby is authorized to c.st4blisll new e accounts that will all - ow - t T c cpartmc t of- F -i �i -'vc arfd d1sbu1 ru d_s -- ingly as the Basic SUI)I)O 't Course Sponsor. 1'4. , eci. Recomn by the Committee on Fin - ance Ch airm an TAR:rmv T:ANkp60\mswordlrmvr 3 I c 12 - /1 L' Mr. Kearns moved that the above item be recommitted to the Committee on Finance ADOPTED 0000 Report of Bids -- Street Cut Repair — 2008, Group #689 (item No. 19, C.C.P., Nov. 12, 2008) 'That the Commissioner of :public Works, Parks and Streets, be:, and he hereby is authorized to award a contract for Street Cut Repair — 2008, Group #689, Addendum, to Destro & Brothers Concrete Co., the lowest responsible bidder, in the amount of $595,925.00 ($541,750.001- 10% unit price increase of $54,175.00 = $595,925.00. Funds for the project are available in Capital Project .Account #3 1310406-445 1 00 & #30032106- 445100). That the Commissioner of flublic Works, Parks and Streets, be, and he hereby is authorized to accept hinds from Division of Water and deposit into account 1/53023517- 473020 to fiend portions of this project. Passed. Recommended by the Committee on Finance, Chairman TABumv T:lwp60\mr worc3Vmv\19c11 -12c i *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO .... ............... RIVERA RUSSELL SMITH * * * [-------- - - - - -] [MAJ- 5] * 9 * 0 [213 _ b] [314 - 7] 0005 9 1 4ky M. Kearns -COB Community Center Lease Agreements Ccpft 58,9/30) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 00053 A New Way Providing Non - Financial Asst to Cornin Based Org (Exec 1 sF Res) Ccp# 129,6124) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance i 0005 d' ANew Way Providing Non - Financial Asst to Comm Based Organizations(Coinpt) Ccp# 10,912) That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance COMMUNITY DEVELOPMENT (Michael J. LoCurto, Chairman) 0005 Comprehensive and Community Planning (Item No. 6, C.C.P., Feb. 17, 2009) That the above item be, and the same hereby is returned to the Co1nnnon Council without recommendation. Mr. LoCurto moved: That the Mayor be, and lie hereby is authorized to submit a Brownheld Opportunity Area application for funding to undertake any and all eligible activities as set forth pursuant to the Brownfield Opportunity Area Program; and execute any and all documentation necessary to apply, accept and administer said grant funding. Pass•. Recommended by the Committee on Community Development -� - - Chairman Tns:rniv 'r_Iwp661msword \ rmyl6c2- 17c.doc 00 L. Iglesias -] lispanics United of Bilo Support for Peace Bridge E;xp Proj (430, 2117) That the above item be the same and hereby is .Received and Filed. ADOP'T'ED Recommended by the Committee on Community Development 6 00057 2009 -2010 Annual Action Plan (Year 35 Community Development Block Grant) (Item .No. 4, C.C.P., Feb. 5, 2009) That the above item be, and the same hereby is returned to the Common Council Without recommendation. LoCurto moved: 'T'h t the Cit of Buffalo's 2009 - 2010 Apnual Action Plan iij -a€t� dance A fh e allocation f funds set forth by 11e` r.s. Dep f tinent of Ttousirig and as niote fully described i i thVabw coiVjn nIcati6q, beard hereby is approved. Kecon by the Committee on Community Development Chairman TA B:rmv t Tr\wp60lmswordknnv14c2 -5c.Ac if Mr. LOCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED 000.15S Results of Negotiations -- 23 Hauf' t1 (Item No. 10, C.C.P., Dec. 23, 2000 (Item No. 41, C.C.P., Jan. 20, 2009) That the above item be, and the salve hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from William Robinson, residin I Hatlf Street, in the sung of one thou and and five hundred dollars {$1,500.00] t purcha �e the property described as 23 flauf, be and hereby is accepted; and T at the purchaser has also agreed to pay for all closing osts assn listed with the transfer o title; and a That tNe of Strategic Rl tag be authorized to prepare the necessary documents for the flans- fej= , ,-oftitl a td that the Mayor be authorized to execute the sane, in accordance with the terms of sale upon which the bids were submitted. Recommended by the Committee on Community Development Chairman "IA13:rmv TAwp60\mswordlrmv\1 Oc 12- 23c.doc 0 j� ft Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED t. LEGISLATION (Joseph Goiombek Jr., Chairman) 00059 l 41 .j I K. Long, petition to Use 1900 Hertel Use Illuminated Sign (Item No. 34, C.C.P., Feb. 17, 2009) That the petition of K. Long, owner, for permission to use 19001lertel for a 4' x 6 ", total height 16', illuminated sign be, and hereby is approved. Passed. Reeomt�� ended b the Committee on Legislation ,lea Chairma TAB:rmv t :Awp60\msword\:rmv134c2- 17c.doc \c� `AYE* NO * DAVIS FONT-ANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RNERA RUSSELL SMITH * '� [-------- - - - - -] [ MAJ - 5 ] 9 * Q ' [213 P 6] [314 - 71 000 CIO !i K. Wright, Petition to Use 636 Delaware — Walt Sign & Reface Ground Sigel (Item No. 37, C.C.P., Feb. 17, 2009) That the petition of K. Wright, agent, for permission to use 636 Delaware for a 1.5' x 9', i[luniinated sigh and to reface a ground sign, 2.6' x. 6.6' be, and hereby is approved. Passed. Recommended by the Committee on Legislation ' �� '��;1�� Chairman TAl3:rrnv tAwp(i0\mswordl:rmv137e2 -1 ladoc ��1 *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK * * * KEARNS LOCURTO RIVERA * * * RUSSELL S MITH * * * - - - - - -- [MAJ- 51 * 9 * 0 [2/3 - 6] [3/4 - 71 ®0061. \ Results of Negotiations — 83 Sussex (Item No. 11, C.CR, Feb. 3, 2009) (Item No. 57, C.C.P., Feb. 17, 2009) That the above item. be, and the saane hereby is retUrned to the Common Council without recommendation. Mr. Colonibek moved: What the offer from Ms. Debbie AVs11'((-"u,500.00),f6r �;csid�' at 80 Radcliffe Road, in the sum of�oigl t thousand and five hundred do the purchase of 83 Sussex be and hgreby is accepted; and 1'liat the transfer tax, roc :`ding fees and cost of legal description shall be paid by the pu Chaser; and `I "hat the Oflice o�trategic Planning be authorized to prepare the neces C y docum(�,nts for the train <fer of title and that the Mayor be authorized to execute the sane, in accordactGe vitI tic terms of sale upon which the offer was submitted. Recommended by the Committee on. Legislation ��,)\�,,� CMAirman TAB:rmv 1':\Nvp60lmswordlrmvl1 k2 -3c f' ao /1 Mr. Golombek moved that the above item be recommitted to the Committee on Legislation. FA a`� 00002 C. I lart.ke, Petition to Use 591 Delaware - Pole Sign (Item No. 38, C.C.P., Feb. 3, 2009) That the petition of C. Hartke, for permission to use 591 Delaware for a 3' x. 2.5 ", total height 8, non - illuminated sign be, and hereby is approved. Passed. Recornmended by the Committee on Legislation �, 1 C hairman TAB: -mv 1awpWjiiswor&:mw13 3c.doc 1'�A *AYE* NO * DAVIS FONTANA * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL * '� * * * SMITH * �` [MA,J- 5] * g * 0 [2/3 - 6 [3/4 - 7] 00003 ^G Ordinance Amendment - Chapter 511 Zoning (Citywide Design and Site) � (Item No. 60, C.C.P., Jan. 20, 2009) That the above item be, and the salve hereby is, returned to the Common Council without reconinicndation. Mr. Golornbek moved: That the Ordinance Amendment as contained in Item No. 60, C.C.P., January 20, 2009, be and the same hereby is approved. Passed. { Recommended by the Committee on Legislation Chairman TAB:nuv " 1':1 �� ,1)601inswoYQlrmvlordworc.(Ioc r� �r *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH` (------- -- - - - -] [ MA.J - 5 ] * 9 U [213 - 6] [314 - 7] 00064 D. Sach -SI QR Requirements for Elmwood Village Design Standards - Amendment to the Charter Q/42, 1/6)(01, 12123) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation �� i, =5� -, /l 7 0 V J � V •J F � (� `'; 0 B. Davis -C. Brown & Others - Request For Changes in Traffic Controls on I Iudson St/or Plymouth (493, 1212,3)( 1189, 912)(Y79, 9130) That the above item be the same and hereby is Received and Filed, ADOPTED y g'. - r Recommended b the Cot on Legislation ( X- S. Doleski- NYYSDI C Review of U'lovir Impact Bflo Niagara Medical Campus North End Projects (R20, 11/25) That the above item be the same and hereby is Received and Filed. ADOPTED n Recommended by the Committee on Legislation _..._.� -� ,1 00©67 M. Ro nanowski- Abandonment of Goodrich St Btwn Ellicott And Michigan (H24, 11125) That the above item be the same and hereby is Received and riled. ADOPTED Recommended by the Committee on Legislation _�_ r, "1 cA r� t nrr tr�vcx r� -, M.Romanowski- Notice of Completion /Notice of Hrg Bello Nia Med Campus North End Development (#40, 10/28) That the above item be the same and hereby is Received and failed. ADOPTED Recommended by the Committee on Legislation �.1 00069 M. Romanowski -S'l. QR- Positive Declaration Bflo Niagara Medical Campus ( #34, 10114) That the above itern be the same and hereby is Received and Filed. ADOPTS' 'D Recommended by the Committee on Legislation � ',� _�: ;�� ii 1 00070 M. Rornanowski- Abandonment of City -Owned ROW -Bf7o Niagara Medical Campus (480, 912) That the above item be the same and hereby is Received and Piled. ADOPTED Recomm by the Committee on Legislation �1 �l Food More License — 465 Best (Item No. 35, C.C.P., Sept. 16, 2008) (Item No. 86, C.C.P., Dec. 23, 2008) That pursuant to Chapter 194 of the City Code, the Commissioner of 1'Iconomic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Mohamed Alnasa#i located at 465 Best dlbla Alfy's Food Market. Passed Recommended by the Committee on Legislation,��,x Chalirman 'rn a:cniv ['Awp66lmswordlrmv\35c9-16c. doc -30 *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH *` ------------- [ MAJ - 51 * 9 0 2/3 - 6] [3 /a - 7) r 0007 1 E' stab] 1shment of Elmwood Avenue Design Guidelines (Item No. 101, C.C.P., May 29, 2007) (Item No. 82, C.C.P., Sept. 30, 2008) That the above item be, and the same hereby is retni to the Comn1on ConnCll without recommendation, Mr. Golombek moved: That this communication is referred to the Elmwood Village Association, the Office of Strategic Planning and the Corporation Counsel's office to obtain their comments on design guidelines for - p,lmwood Avenue. Adopted. Recommended by the Committee on Legislatioi` J ', Chairman TAB: rmv 1:1wp60lm I G I e5- 29aduc PUBLIC TRANSPORTATION (MICHAEL. P. KEARNS) 00073 � f B. Davis - Traffic Conditions on Carolina St Ccp# 32, 10114 That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Public Transportation .5A 00074 1�6�p Request Traffic Study -- Tifft Street (Item No. 67, C.C.Y., Oct. 14, 2008) That the Department of Public Works, Parks and Streets conduct a traffic study of Tifft Street, fron Hopkins to Fuhrman Boulevard and report back to this Common Council its suggestions for an improved Tifft Street; and That any changes to Tifft Street should be done in conjunction with the Complete Streets .Legislation that calls .for the incorporation of sidewalks, bike lanes, paths, and other improvements to ensure a safe access street for all users. Adopted. Recommended by the Special Committee on Public Transportation TAB. - rmv tANvp0G'unswordlrmv\67c 10- 14 c.doc Chairman RESOLUTIONS March 3, 2009 nnf�"1c� # 4 (Rev. 1793) RESOLUTION By: Councilmember Davis SUBJECT: SET PUBLIC HEARING SYCAMORE VILLAGE SUBDIVISION 31 Syni Lane, 375 Sycamore, 407 Sycamore, 37 Sydni Lane and 25 Sydni Lane WHEREAS, the City of Buffalo Urban Renewal Agency and five (5) individual homebuyers have negotiated Purchase Contracts for five (5) homes in the Sycamore Village Subdivision; and; WHEREAS, the terms of said Purchase Contracts have been approved by the City of Buffalo Urban Renewal Agency, and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land may be approved only after a public hearing with due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 7th day of March 2009. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 1 7th of March 2009. CAKIms K rED w 4_0 � "1 00076 # 4 (Rev. 1193) SUBJECT: APPROVAL TO TRANSFER FIVE (5) HOMES IN SYCAMORE VILLAGE SUBDIVISION BY Councilmember Davis WHEREAS, the City of Buffalo Urban Renewal Agency has approved the transfer of five (5) homes in the City of Buffalo Sycamore Village Subdivision to five (5) individual homebuyers; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and NOW, THEREFORE, BE IT RESOLVED: 1. That the Mayor, the Chairman, Vice -- Chairman, or any officer of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey lands to the following purchasers which is subject to approval of Agency Legal Counsel: NAME SUB LOTS MINIMUM SALES PRICE Walter Hargrove HOME Unit Lot 1, 375 Sycamore St $150,000.00 Danielle McCarley HOME Unit Lot 5, 407 Sycamore St $150,000.00 Linda D. Thomas Lot 9, 427 S dni Lane $200,000.00 Adrian & Sharon Jones Valerie Har e & Dwain M. James Lot 15, 25 Sydni Lane Lot 16, 31 S dni Lane $200,000.00 $200,000.00 _ t ON CP�� way aT. rl 00077 ;J RESOLUTION By: Mr. Franczyk Co- Sponsors: Mr. Fontana, .Mr. Kearns RE: Permission to Hang Banner Along Old Neil;hborhood Parade Route Whereas: The Valley Community Center founded the Ole[ Neighborhood St. Patrick's Day Parade in 1994; and Whereas: The parade retraces the original St. Patrick's Day 191 . parade route and focuses on fun, the tradition and nostalgia associated with the Old First. Ward and Valley neighborhoods; and Whereas: The first parade started out small with about twenty marching units. This year, on March 14, 2009, the Old Neighborhood St. Patrick's Day Parade will have over 75 marching units and is the second largest St. Patrick's Day Parade ill Western New York; and Whereas: The Valley Community Center is requesting to hang flags along, the parade route frorn March 9, 2009 to .March 20, 2009; Now, 'I'herefore, Be It Resolved: That the City of Buffalo Common. Council hereby permits the Valley Community Center to hang fags along the route of the Old Neighborhood St. Patrick' Day Parade. The flags will be installed on March 9, 2009 and stay up until March 20, 2009; and Now, Therefore, Be It Further ;Resolved: That the flags be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Bu:f£alo and the Department of Public Works, Parks and Streets. 4 /i] F ranczyk Richard A. F onta - a Michael I'. Kearns 0007 By: Michael P. Kearns: Subject: (type single space) Bond Resolution Autumnwood Senior Center Reconstruction Account 3000 -310 Text: (type single space below) Bond .Resolution. of the City of Buffalo, New York„ authorizing the issuance of $107,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of Autumnwood Senior Center located on 1798 Clinton Street, in the City, at the estimated total cost of $107,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Seven 'Thousand Dollars ($107,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of Autumnwood Senior Center located on 1798 Clinton Street including but not limited to: various upgrades to building, facade stabilization, HVAC and weatherization. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $107,000 as set fortb in the duly adopted 2009 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or ally bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, " Autumnwood Senior Center Reconstruction- 2009", Bond Authorization Account No. 3000 -310, and shall be used for the specific object or purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $107,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of "Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 1.1.00 a, 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 1 1.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. el 557817.1 032530 KES Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or Introduced: (c) Such obligations are authorized in violation of the provisions of the constitution. 557817.1 032530 ILLS 1�,1 Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. W. BLOWN --t. ANDREW A. SANFIL IPPO Comptroller ' L AID _. _ THE TABL *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL S MITH I - - - -- - -- *> -------- - - - - -) [ MAJ - 51 * 9 * p [213 - 6 [ 314 - 7 1 POL tj i j ]. �� JJ *AYE* NO * DAVIS r- * * FONTANA FRANCZYK * �` GOLOMBEK * r KEARNS LOCURTO RIVERA RUSSELL * °" SMITH [-------- - - - - -] [MAJ- s] * 9 * 0 [213 - 6] [314 - 00079 RESOLUTION Sponsors: Mr. Kearns; Mr. Franczyk; Mr. Fontana; Mr. LoCurto; Mr. Rivera; and Mr. Golotnbek Re: OUTER HARBOR TRANSPORTATION PROJECT IS SHOVEL - READY ANT) SHOULD BE FUNDED THROUGH 'IME FEDERAL ECONOMIC STIMULUS PACKAGE WHEREAS, During the last year, the New Fork State Department of Transportation ( "NYSDO`1 "') has commenced reconstruction of the City of Buffalo's Outer I Iarbor, including Route 5 and Fuhr man Boulevard; and W1 NYSDOT's preferred alternative in regard to this reconstruction protect will maintain a separate high- speed, limited- access highway, which is only compatible with, and will continue to encourage, low value suburban style development on Buffalo's waterfront; and WHEREAS, NYSDO`1`'s preferred alternative will maintain an embanked highway at the expense of valuable waterfront acreage, and ultimately will not create the access necessary to make the Buffalo waterfront a destination; and WHI:REAS, The Final Environmental Impact Statement ( FI IS ") for the 13ullalo Outer Ilarbor Project, which was drafted at a time when the availability of Federal Stimulus Package funding was umforeseeable, stated that the original proposal f the prgjcct, which calls .fi r elimination of the elevated portion of Route 5, would not be pursued because it was cost prohibitive; and W11FR AS, New York State officials have claimed that shovel -ready projects would be added to their .List for consideration and that such projects would need to be ready for construction within 90 clays in order to qualify for stimnhis funding; and WHEREAS, With f�cdcral Economic Stimulus Plan funding now being made available for states and localities, the Buffalo Outer Harbor Project Should be re- examined to determine the feasibility of filing a supplcmcrntal 1; EIS so as to pursue the original proposal, which may no longer be cost prohibitive; and WI- 11.- .REAS, The Buffalo News recently .reported that of the $53 million in :funding earmarked, 54% will go to NYSDO`I' projects in the area; and WI1lRIAS, Although New York State's preliminary list of eligible projects Currently includes no sites on the Buffalo waterfront, the opportunity remains for the City to realize its vision of single urban thoroughfare that will encourage the economic revitalization of our waterfront by eliminating the impediment of an embanked highway; and WI-1C RI?AS, The South Buffalo Brownfield Opportunity Area ( "South Buffalo 130A "), which contains approximately 1,800 acres of strategically located but largely underutilized land in South I'3uffialo, is bounded by Route 5 on the west and will be crucial to the revitalization of adjacent neighborhoods, the Buffalo River corridor, the Lake Erie waterfront and the City of F3uffalo; and T WIII..,'jU AS, The South Buffalo BOA has additionally been designated as a Smart Growth Area by Governor Patterson. The Smart Growth principles that are being used to guide the develop►nent of the South Buffalo BOA Plan strongly discourage elevated/embanked roadways like Route 5 because they have proven to be barriers to development and hinder connectivity; and WHEREAS, The Final Master flan for the SOUth Buffalo 130A is expected to be released soon and it will outline the preferred uses for this large tract of land adjacent to Route 5. The designation of the South BLIffalo BOA as a Smart Growth Area, as well as determinations reached by local stakeholders in this study, should be considered when pursuing Federal Stirrer►lus Funding for our community, and NOW THEREFORE BE IT RESOLVED, That the Buffalo Common Council respectfully requests that Governor Patterson and NYSDO`1' officials move quickly to reconsider the original proposal for the Buffalo Outer I larbor Project, amend the Currcnt design to eliminate the embanked portion of Route 5, and file a Supplemental FF1:IS so that this project can be considered eligible for Federal Stirnulrrs Funding, as well as to ensure that the future design oi'Route 5 compliments our coin munity's vision t6i its watc&ont and the adjacent South Buffalo BOA. Michael P. Kearns South District Council Member Council President Pro Tempore Richard A. Fontana Lovejoy District Council Mernbcr Council Majority Leader David A Rivera Niagara District COU11Cil Member David A Franczyk Pillmore District Council Member - Council President Michael J. LoCurto Delaware Distrid Council Member Joseph Golombek, Jr. North District Council Member 1 'E , . " I - HPE GOMMITTEE ON COMMUNITY DEVELOPMENT, , 00080 REjULU 1 10 By: Mr. Kearns RE: Support For Applying For Funding to the New York State Departments of State And Environmental Conservation Brownfield Opportunity Areas Program for the proposed Buffalo Harbor Brownfield Opportunity Area (BOA) WHEREAS: the New York State Brownfield Opportunity Areas Program offers to provide 90% grants, up to $1,000,000, to municipalities to provide planning funds to achieve community consensus and create an implementation strategy, including SEQRA compliance. WHEREAS: Buffalo's industrial history has left an environmental legacy along its waterfront and the preparation of a detailed master plan through the New York State BOA Program will recognize the environmental challenges to redevelopment and provide access to the resources needed overcome them; and WHEREAS: the properties located within the Buffalo Harbor area offer great potential to study the effects of the many Brownfield sites and present opportunities to master plan these parcels for future smart redevelopment, and WHEREAS: in order to formally consider adoption of an area wide plan and allow for its implementation which may entail other municipal actions such as funding, the creation and adoption of an urban renewal plan and/or zoning actions and or the construction of roads and/or other amenities, all with the assistance of the community, the City will comply with the State Environmental Quality Review Act; and WHEREAS: the Erie Canal Harbor Development Corporation (a subsidiary of Empire State Development that was created to spearhead waterfront redevelopment in Buffalo) has proposed a partnership with the City to apply for and carryout the Buffalo Harbor BOA project; and WHEREAS: the City of Buffalo is considered an eligible applicant under the NYS BOA Program guidelines; and WHEREAS: §970 -r of the General Municipal Law authorizes State assistance to eligible parties for Brownfield Opportunity Areas Program grants by means of a State Assistance Contract (SAC) and the City of Buffalo deems it to be in the public interest and benefit under this law to eater into a contract therewith. NOW, THEREFORE, BE IT RESOLVED BY THAT: The Mayor is authorized to act in behalf of all applicants in all matters related to State assistance under §970 -r of the General Municipal Law for the Project. The Mayor is also authorized to sign and submit the application, execute the SAC, request SAC advances and reimbursements, redistribute SAC reimbursements as appropriate, submit Project documentation, and otherwise act for all applicants in all matters related to the Project and to State assistance; and BE IT FINALLY RESOLVED THAT: r . .J The City of Buffalo agrees that it will complete the Buffalo Harbor BOA Project and will provide for the 10% match share of the Project. l ic - hael P. Kearns South District Council Member Council President Pro Tempore /i NEW YORKSTATE DEPARTMENTS OF STATE AND ENVIRONMENTAL CONSERVATION BROWNFIELD OPPORTUNITYAREAS PROGRAM LEAD APPLICANT RESOLUTION Brownfield Opportunity Areas Name: Resolution authorizing the items listed below pursuant to §970 -r of the General Municipal Law. WHEREAS, (Name of lead Applicant) herein called the "Applicant ", after thorough consideration, has hereby determined that certain work, as described in its application and attachments, herein called the "Project ", is desirable; and WI IEREAS, §970 -r of the General Municipal Law authorizes State assistance to eligible parties for Brownfield Opportunity Areas Program grants by means of a State Assistance Contract (SAC) and the Applicant deems it to be in the public interest and benefit under this law to enter into a contract therewith; NOW, THEREFORE, BE IT RESOLVED BY (Name of lead Applicant) 1. That _ _.. _ .. (Title of Designated Authorized Representative for lead Applicant) is the representative authorized to act in behalf of all applicants in all matters related to State assistance under §970 -r of the General Municipal Law for the Project. The representative is also authorized to sign and submit the application, execute the SAC, request SAC advances and reimbursements, redistribute SAC reimbursements as appropriate, submit Project documentation, and otherwise act for all applicants in all matters related to the Project and to State assistance; 2. That the Applicant agrees that it will complete the Project; 3. That the Applicant agrees that it will fund its portion of the Applicant's 10% share of the Project; and 4. That this Authorization take effect immediately. CERTIFICATE OF RECORDING OFFICER That the attached Resolution is a true and correct copy of the Resolution, as regularly adopted at a legally convened meeting of the (Name of lead Applicant) duly held on the day of ful ly recorded in the and further that such Resolution has been in my office. (Title of Record Book) In witness thereof, I have hereunto set . my hand this day of Signature of Recording Officer If the Applicant has an Official Seal, Impress here. Title of Recording Officer 00®81 . 6'} February 19, 2009 Resolution BY.- Coufncilrnember Michael J. LoCurto RE: Assistant Legislative Aisle Appointment WHEREAS: I am appointing James Thoma, who resides at 744 Ashland Avenue, Buffalo, New York as an Assistant Legislative Aid in my office; and WHEREAS: Mr. Thoma has previously worked for S.C. Degnan Consultants and is quite capable of filling this position; and WHEREAS: Mr. Thoma is a graduate of the State University of New York at Albany and received a B.A. in May 2004; and NOW THEREFORE BE IT RESOLVED: That the Common Council appoints Mr. James Thoma to Assistant Legislative Aide for the Delaware District. i MICHAEL J. LOCURTO ADOPTED 744 Ashland Avenue (K4 -5) 210 -J010 Buffalo, New York 14222 jdthoma @gmail.eozn EDUCATION Master of Arts in /History, May 2004 STATE UNIVERSITY OF NEW YORK NI' BUFFALO a GPA 3.6/4.0 Bachelor of Arts in history, May 2004 STATE UNIVERSITY OF NEW YORK AT ALBANY • Graduated Magna Cian Laude with GPA 3.5/4.0 RELATED EXPERIENCE Deputy Campaign Manager, May 2008 — November 2005 CITIZENS FOR SAM HOYT Buffalo, New York ® Hired and managed a staff of over 40. ® Organized the registration of over 2,000 new voters. Coordinated canvass efforts between a dozen civic organizations. Managed over 200 candidates rululing in 106 campaigns. Advocated for our candidate "s endorsement by over three -dozen organizations. Office Manager, May 2006 — May 2048 S C DEGNAN CONSULTANTS Buffalo, New York • Advocated for maximum ftindin; from state agencies for school districts. • Coordinate and oversee record keeping processes for special education departments of ten school districts. • Conducted procedural assessinents and prepared school district records for successful state audits. • Facilitated state mandated training for Williamsville school district staff. • Created and implemented a new accounts receivable system. COMMUNITY SERVICE Community Education Volunteer, May 2007 — August 2007 PRIDE CENTER OF WESTERN NEW YORK BLItTalo, New York Co- created and carried out a seminar on colorectal cancer for at risk population. ® Expanded health resource directory to include physicians and counselors outside of metro Buffalo. Collaborated with Education Director to create new and improve existing outreach programs. INTERNSHIP Museum Intern, May 2003 — August 2003 PUTNAM VALLEY HISTORICAL SOCIETY MUSEUM • Collaboratively produce educational artifact displays. • Created a user accessible database of photographic records. ANVAItDS AND HONORS Eagle Scout Citation for Citizenship from President Bill Clinton Congressional recognition front Con;- resswomnn Sue Kelley Citation for Community Service from Senator Daniel Patrick Moynihan Citation of Citizenship and Votuutcerisill from Town of Carmel Supervisor Frank Delcampo Citation of Leadership from the Veterans of Foreign War Citation of Good Citizenship from the American Legion 00082 } RESOLUTION By: Mr. LoCurto RE: Report of all loans and grants made from Community Development Block Grant funds awarded to the City of Buffalo, the Buffalo Urban Renewal Agency and /or its Sub - contractors. WHEREAS: As elected representatives of Buffalo residents, it is the responsibility of the Common Council to review the proposed. Annual Action Plan, which reflects the mayor's recommended spending of Housing & Urban Development ("HUD ") funds for the Community Development Block Grant ( "CDBG "), HOME Investment Partnership Program. ("HOME"), Emergency Sheller Grant ( ".ESG ") and Housing Opportunities for People with AIDS ( "I= fOPWA "). The Council then either approves the plan as presented, or makes amendments to the plan before approving the item; and WHEREAS: The Buffalo Urban Renewal Agency ( "BURA ") is a public benefit corporation that was designated to manage the various urban renewal programs included within the Annual Action Plan. Among its responsibilites, BURA is responsible for lending money and providing grants to businesses and individuals; and WHEREAS: In order to make an informed decision regarding the spending of CDBG, HOME, ESG and HOPWA finds, the Common Council has an obligation to learn about the administrative and programmatic activities of BURA and its subcontractors before approving the Annual Action. Plan; and WHEREAS: The Common. Council wants to learn more about the lending and granting activities of the BURA and its subcontractors, and believes that receiving regular reports detailing the originating, collection, delinquency and write -off of all loans, as well as a report of all grants made; and WHEREAS: Presently, this information is not readily available on the BURA. website nor in. any other place that is easily accessible by the public; and WHEREAS: Not only could this information lead to improved policy choices by the Common Council and provide transperancy to the BURA, but it may also help prevent waste, .fraud and abuse and streamline costs for the city for the foreseeable future; and NOW, THEREFORE BE IT RESOLVED: That this Honorable Body does hereby direct that BURA and its Stab- contractors report to this Common Council, on a monthly basis, all loans and grants made from funds originating with HUD funding awarded to the City of Buffalo and BURA and its Sub - contractors on behalf of the City of Buffalo or from income derived therefrom; and .AND, BE IT FINALLY RESOLVED: That this Honorable does hereby direct that BURR and its subcontractors also report to this Common Council, on a quarterly basis, the collection, delinquency and write -off of all loans made from fiends originating with HUD funding awarded to the City of Buffalo and .BURA and its Sub - contractors on behalf of the City of Buffalo or from income derived therefrom. MICHAF , J. LOCURTO Chairman, Community Development Committee Common Council Member, Delaware District 00083 2009 Resolution on the Spending of Federal Economic Renewal Grants to the City of Buffalo WHEREAS, the economic downturn is having a critical impact on everyday Americans who are struggling to maintain or find jobs in an increasingly difficult environment, and WHEREAS, those same Americans are the taxpayers that provide the revenue needed to operate essential government services, and WHEREAS, Congress and President Obama are planning a taxpayer - sponsored economic recovery package that will provide billions of dollars to help economically devastated cities and states immediately provide jobs to millions of out -of- -work Americans through. considerable infrastructure rebuilding, green energy projects and other projects that will require manufactured components, and WHEREAS, our taxpayer dollars should be spent to maximize the creation of American. jobs and restoring the economic vitality of our communities, and WHEREAS, any domestically produced products that are purchased with economic recovery plan monies will immediately help struggling American families and will help stabilize our greater economy, and WHEREAS, any economic recovery plan spending should to every extent possible — include a commitment from the City of Buffalo to buy materials, goods and services for projects from companies that are produced within the United States, tiers employing the very workers that pay the taxes for the economic recovery plan spending in the first place. THEREFORE, BE IT RESOLVED THAT, we the undersigned will work to maximize the creation of Arnerican jobs and restoring economic growth and opportunity by spending economic recovery plan funds on products and services that both create jobs and help keep Americans employed. BE IT FURTHER RESOLVED THAT, we commit to purchasing only products and services that are made or performed in the United States of America whenever and wherever possible with any economic recovery monies provided to the City of Buffalo by the American taxpayers, AND BE IT FURTHER RESOLVED THAT, as legislators of the City of Buffalo, we commit to publish any requests to waive these procurement priorities so as to give American workers and producers the opportunity to identify and provide the American products and services that will maximize the success of our nation's economic recovery program. Michael J. Curto Delaware District Councilmernber Apopwm Michael P. Kearns South District Councilmember 0008 f. BY: Ms. RUSSELL •� ; ` BUDGET AND PERSONNEL AMENDMENT VARIOUS DEPARTMENTS The Common Couficil of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to Various Departments which currently reads: 03 — Mayor and Executive Clerk $11.11 Laborer II $1 1.1 1 06 — Department of Assessment Clerk $1 l .11 17 — Department of Administration, Finance, Policy & Urban Affairs Laborer 11 $11.11 31. --- Department of Public Works - Engineering Clerk $11.11 Laborer 11 $11.11 32 — Department of Public Works - Buildings Laborer II $11.1.1. 50 — Department of Public Works - Streets Laborer 11. $11.11 55 — Department of Community Services Senior Citizen Aid $11.11 5200 ---- 51 - Department of Public Works — Streets Enterprise Laborer 11 $11,11 5300 — 37 - Department of Public Works — Water Enterprise Water Service Worker $'1 1.1 1 Is hereby amended to read: 03 --- Mayor and Executive Clerk $11.57 �3 Laborer 11 $11.57 - 06 — Department of Assessment Clerk $1 157 17 — Department of Adiniiiistration, finance, Policy & Urban Affairs Laborer II $11.57 31 -- Department of Public Works - Engineering Clerk $11.57 Laborer 11 $11.57 32 — Department of Public Works - Buildings Laborer II $11.57 50 — Department of Public Works - Streets I...aborer 11 $11.57 55 — Department of Community Services Senior Citizen Aid $11,57 5200 -- 51 - Department of Public Works --- Streets Enterprise Laborer It $11.57 5300 — 37 - Department of Public Works — Water Enterprise Water Service Worker $11.57 This ordinance shall be effective January 1, 2009 BYRON W. BROWN, MAYOR, MARTIN F. KENNEDY, COMMISSON.ER OF ASSESSMENT, JANET PENKSA, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, STEVEN J. STEPN IAK, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS, TANYA PERRIN- JOHNSON, COMMISSIONER OF COMMUNITY SERVICES AND DONNA J. ESTRICH, DIREC'T'OR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recointnend that the compensation for said position be Fixed at the respective amount set forth in the foregoing ordinance. W. S f3� W. Brown Mayor Martin F. Kennedy Commissioner of Assessm nt V Ummissioner of Administration, finance, Policy & Urban Affairs Tanya I rin- Jo} 1 0 Commissioner of Community Services This ordinance shall be effective January 1, 2009 Sf ven 3 / 8 fepniak Commi sioner of Public Works, Parks & Streets Donna J. Estrich Director of Budget Administration & Finance It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. Furthermore, we, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. A Y1W. Brown M r Andrew A. SanF' Tpp Comptroller Corporation Counsel 02M5/2009 E, a s (( ri Estrich,Donna From: Lukasiewicz,Alisa Sent: Tuesday, January 27, 2009 11:15 AM To: Estrich,Donna Cc: Penksa,Janet Subject: FW: Coalition for Economic Justice fboncd petsi ed hL 1 /9/0 it is QR31 with hetllrh he ne bts - $1117 va hout From: Ball,Timothy Sent: Tuesday, January 27, 2009 11:10 AM To: Lukasiewicz,Alisa Subject: RE: Coalition for Economic Justice Ahsa, The section is attwled below, t. is 9&19(DH 3[ Ile CMcrrlM&n as determined by the LWC follows. (3) Coast of living adpBtmerat (CO AY Beginning on January 1, 2008, and an January 1 of each year thereafter assufnir inflation, the rata will be increased by an amount corresponAng to the irac;rease ii any, in the National Con sunwr Trice index for all urban consumers (CPrU) as published by the LLT Department of Labor, for the year proceding; the prior year (For in,tancea, the increases, if airy, on Anumy 1, 2008, shall be based on the annual percent change in the CPI -.0 for 2004) The rates et in this chapWr, along Wth any in creased cost-- Odiving aclustments, are not intended to interfere with rimy free7,c= on wages of City ennonyees as imposed by the Buffalo Fisc, l Stability Authority, if appkatale, and to the extent that this chaTaVv is incon.sisunit with apW able New Yorl<%Ite law this provision shall not rcaratak (Amended 1 -9 -2007, effective 1 -23-2007) T lie Calculation as detertr Oned by the t.WC frallr ws: I "he 2008 Hying w aqlr is :n190 " , RAW O n e% aml $11. i l_ W hout: heaKh taem fits. Lin Knrou , 20M the living uro ge rate v ill ir.r.mw:e, to .,_w, , with hN�A;a laawirt:, aml $11n 57 v_ _ rcrii gx'€:, °Eris, I iir: ,i.rncT wagn We €_:- :ac1 }u ;ted Raw =r,u= by are amiml W (mot` live 1 ad usl:rllen l3ISc3Ll Un lair �'O''n. Ion Ball Front: Lukasiewicz,Alisa Sent: Tuesday, January 27, 2009 10:57 AM To: Lee,David M. C Ball,Tlmothy Subject; FW: Coalition for Economic Justice Can you erntail me tracast recent section of living, v "apc. in the charter about annual increases - I believe it is 90 19 (Nor there �A)O rt - nr-�Od to havf' sectioal on 2009 1 FromFrom, s Erich~ 'Danr'n , L,.J 41141I,VUEII I{1 Sent: Tuesday, January 27, 2009 9:31 AM To: Lukasiewicz,Alisa Cc: Penksa,Janet Subject: RE: Coalition for Economic Justice Alisa, z We did it(?9� ci�ia li�;� tl�c� r<rte�* of pay f or cArnp oy(,:es D") you have anything in Writing that how the livinf " is d(-A('rrnin ('-( And the council approvals that �1110%rs us to follow the c:hanges. Thanl <_s From: Lukasiewicz,Alisa Sent: Monday, January 26, 2009 5 :56 PM To: Estrich,Donna Cc: Penksa,Janet Subject: FW: Coalition for Economic Justice I living wage WCHt Uf) 10 OW S.'NIsOl AS 011 JrItwmy 1, 2009 and some are coi' 1plaining the w s no increase. the rate should be the CP1 -U as publish[, d by the US Dept of labor "for th( year ter ecl edinf, the prior year. l advis(:d Alison I would chock if [tie 41CANIse vW)s 1 ill JZIDUr Jly From: Sepulveda,Jennifer L. Sent: Monday, January 26, 2009 4:18 PM To: Lukasiewicz,Alisa Cc: Casey,Steve Subject: Coalition for Economic Justice Alisa, Alison Dewey of the Coalition for Economic Justice called and would like to speak with someone regarding 2009 living wages & city seasonal laborers. She states they are still on 2008 living wages and she is receiving calls from workers. Please have someone call her at 892 -5877. Thank you, Jennifer Sepulveda, Executive Assistant to the Mayor Office of Mayor Byron W. Brown 66 Niagara Square, 201 City Hall Buffalo, NY 14202 Office (716) 851 - 4841 Fax (716) 851 -4360 2 1 n i *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH * * * [ MAJ - 51 9 *_ 0` [213 - 6] [314 - 7 ] n!1AQr: vty v0v, No. By Mr. Smith Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council. as indicated: Felicitation for Thomas J. Leahy By Councilmember Kearns, Chwalinski Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmernber Felicitation for By Councilm.ember Felicitation for By Councilmember In Memoriam for By Councilmember In Memoriam for By Councilmember ADOPTED March 3, 2009 0 �� r 4 (9jammott Q Id On Tuesday, .L'ehruary 24, 2009, the following resolution was adopted, sponsored by South District Council Member Michael P. Kearns: Whereas: Thomas I. Leahy was born to Torn and Marion Leahy on .February 28, 1 929 in I3uffcalo, ati..Y. I1c grew arp on I�Ianahz -rrg .S "trees in Buffalo's Old Tfirst i1 and has resided on Abbott Road in Sorrth Buffalo for the past 54 years, and Whereas: Thomas J.Leahy gradu ated ji•orrt Our Lady of Perpetual Help. in 1943 sand South Park High School in 1947. On April 24, .1954, Mr. Leahy married Peggy Fitzgerald at St. Martin of 1 ours Church. From this rnatrirnony, fr children, 11 gYrcancichildren, and one rrecrl granddaughter were horn; and Whereas: Mr. Leahy loves having his family around hire. Ile enjoyed taking his - children camping throughout New York State and proudly marched in the Old First Ward Parade - with the Leahy Tarnily contingent; and Whereas: Thomas J. Leahy ,served in the artillery in the Korean War and was aivarded the Purple Ilecart _for his service.. Mr. Leahy also worked as a stationary Engineer at the United States Post, Office on William Street for�..over 3 0 years. He has great electrical and carpentry skills and has passed on ,.wuch crf this knowledge to his children; and Whereas: Mr: Leralty is well known,for his knack of .storytelling, great sense of haanaor and love oj'spor•ts. 110 is espec ally knowledgeable about baseball and hockey carrel enOys "going to .13arffalo''Bison.s' gcan?es in the summer and Whereas Than Mrs J Leahy will be celebraiing his 80 "' - Birthdgv on Saturday, fiebr•uary 28, 2009. Now, Therefore, Be It Reselved: That it is an honor anal privilege for the City of'.I3 fffalo, NY. Carrrrnon Council to extend wir sincere felicitations to Thomas J.. Leahy, a distinguished and Loyal citizen; and recognize hun on.his 80 "' birthday for his many years of service to our cotrarnunity. Michael P. Kearns Gerald Chfvalinski Council President Pro Tempore City Clerk South District Council Member 0008E BY: lll?MONF A SMITH H 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 Robert Gilray Deidre L. Brown TOTAL 2 BY: DEMONE A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Charles L Davis, Sr. Albert J. Steele Tracy Ann Caldarella Rev. Maureen Guevara -Hunte Richard Harrington Michaelene Bauer Tina M. Lebron Total: 7 ADOPTED 0008S ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13' floor City Mall, Buffalo, New York, unless otherwise noted. RejZular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev Committee on Legislation Special Committees Committee on Waterfront Development ':Tuesday, March 10, 2009 at 9:45 o'clock A.M. Tuesday, March 10, 2009 at 10:00 o'clock A.M. Tuesday, March 10, 2009 at 1:00 o'clock P.M. Tuesday, March 10, 2009 at 2:00 o'clock P.M. Thursday, March 12, 2009 at 6:00 o'clock P.M. qI utl lic Discl All meet are subject to change a can by th respective Chairmen of Council Committees. i n the event that there is sufficient time r�i� ven for notification it will be rovide In a there ma_�be meetings set � whereby the City_ Clerk's Office is not made aware; the refore unless we receive notice from the respective Chairmen we can only make notificatio of what we are made aware. 0008 9 No. Adj ournni ent tr, .. IBS l' L � On a motion by Mr. Fontana, Seconded by Mre� . I , -,, the Council adjourned at 2 , J �� GERALD CHWALINSKI CITY CLERK March 3, 2009 Board of Police and Fire Pension Proceedings #1 Office of the Mayor -201 City Hall February 19, 2009 Present: Darryl McPherson, City Auditor, Alisa Lukasiewicz, Corporation Counsel, Wilmer Olivencia Jr, Deputy City Clerk The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of February 2009 amounting to $3,740.00, and request that check be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of February 2009 amounting to $3,760.00, and request that check be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3. Noes -0. Received and Filed No, 3 On motion by Mr. McPherson the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.